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S 1300 ISRSCommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 1300

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 modernize the air traffic control system, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATES

May 3, 2007

Mr. ROCKEFELLER (for himself, Mr. LOTT, Mr. INOUYE, and Mr. STEVENS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILL

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 modernize the air traffic control 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 `Aviation Investment and Modernization 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 AND FINANCING

Sec. 101. Operations.CommentsClose CommentsPermalink





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





Sec. 103. Research and development.CommentsClose CommentsPermalink





Sec. 104. Airport planning and development and noise compatibility planning and programs.CommentsClose CommentsPermalink





Sec. 105. Other aviation programs.CommentsClose CommentsPermalink





Sec. 106. Air Traffic Modernization Fund.CommentsClose CommentsPermalink





Sec. 107. Funding for administrative expenses for airport programs.CommentsClose CommentsPermalink

TITLE II--AIRPORT IMPROVEMENTS

Sec. 201. Reform of passenger facility charge authority.CommentsClose CommentsPermalink





Sec. 202. Passenger facility charge pilot program.CommentsClose CommentsPermalink





Sec. 203. Amendments to grant assurances.CommentsClose CommentsPermalink





Sec. 204. Government share of project costs.CommentsClose CommentsPermalink





Sec. 205. Amendments to allowable costs.CommentsClose CommentsPermalink





Sec. 206. Sale of private airport to public sponsor.CommentsClose CommentsPermalink





Sec. 207. Pilot program for airport takeover of air navigation facilities.CommentsClose CommentsPermalink





Sec. 208. Government share of certain air project costs.CommentsClose CommentsPermalink





Sec. 209. Miscellaneous amendments.CommentsClose CommentsPermalink





Sec. 210. State block grant program.CommentsClose CommentsPermalink





Sec. 211. Airport funding of special studies or reviews.CommentsClose CommentsPermalink





Sec. 212. Grant eligibility for assessment of flight procedures.CommentsClose CommentsPermalink





Sec. 213. Safety-critical airports.CommentsClose CommentsPermalink





Sec. 214. Expanded passenger facility charge eligibility for noise compatibility projects.CommentsClose CommentsPermalink





Sec. 215. Environmental mitigation demonstration pilot program. CommentsClose CommentsPermalink





Sec. 216. Allowable project costs for airport development program. CommentsClose CommentsPermalink

TITLE III--FAA ORGANIZATION AND REFORM

Sec. 301. Air Traffic Control Modernization Oversight Board.CommentsClose CommentsPermalink





Sec. 302. ADS-B support pilot program.CommentsClose CommentsPermalink





Sec. 303. Facilitation of next generation air traffic services.CommentsClose CommentsPermalink





Sec. 304. Clarification of authority to enter into reimbursable agreements.CommentsClose CommentsPermalink





Sec. 305. Clarification to acquisition reform authority.CommentsClose CommentsPermalink





Sec. 306. Assistance to other aviation authorities.CommentsClose CommentsPermalink





Sec. 307. Presidential rank award program.CommentsClose CommentsPermalink





Sec. 308. Next generation facilities needs assessment.CommentsClose CommentsPermalink





Sec. 309. Next Generation Air Transportation System Planning Office.CommentsClose CommentsPermalink





Sec. 310. Definition of air navigation facility.CommentsClose CommentsPermalink





Sec. 311. Improved management of property inventory.CommentsClose CommentsPermalink





Sec. 312. Educational requirements.CommentsClose CommentsPermalink





Sec. 313. Federal Aviation Administration personnel management system.CommentsClose CommentsPermalink





Sec. 314. Rulemaking and report on ADS-B implementation. CommentsClose CommentsPermalink

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

Sec. 401. Airline contingency service requirements.CommentsClose CommentsPermalink





Sec. 402. Publication of customer service data and flight delay history.CommentsClose CommentsPermalink





Sec. 403. EAS connectivity program.CommentsClose CommentsPermalink





Sec. 404. Extension of final order establishing mileage adjustment eligibility.CommentsClose CommentsPermalink





Sec. 405. EAS contract guidelines.CommentsClose CommentsPermalink





Sec. 406. Conversion of former EAS airports.CommentsClose CommentsPermalink





Sec. 407. Essential air service reform.CommentsClose CommentsPermalink





Sec. 408. Clarification of air carrier fee disputes.CommentsClose CommentsPermalink





Sec. 409. Small community air service.CommentsClose CommentsPermalink





Sec. 410. Contract tower program.CommentsClose CommentsPermalink





Sec. 411. Airfares for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 412. Expansion of DOT airline consumer complaint investigations. CommentsClose CommentsPermalink





Sec. 413. EAS marketing. CommentsClose CommentsPermalink





Sec. 414. Extraperimetal and intraperimetal slots at Ronald Reagan Washington National Airport. CommentsClose CommentsPermalink

TITLE V--AVIATION SAFETY

Sec. 501. Runway incursion reduction.CommentsClose CommentsPermalink





Sec. 502. Aircraft fuel tank safety improvement.CommentsClose CommentsPermalink





Sec. 503. Judicial review of denial of airman certificates.CommentsClose CommentsPermalink





Sec. 504. Release of data relating to abandoned type certificates and supplemental type certificates.CommentsClose CommentsPermalink





Sec. 505. Design organization certificates.CommentsClose CommentsPermalink





Sec. 506. FAA access to criminal history records or database systems.CommentsClose CommentsPermalink





Sec. 507. Flight crew fatigue.CommentsClose CommentsPermalink





Sec. 508. Increasing safety for helicopter emergency medical service operators.CommentsClose CommentsPermalink





Sec. 509. Cabin crew communication requirements.CommentsClose CommentsPermalink





Sec. 510. Clarification of Memorandum of Understanding with OSHA. CommentsClose CommentsPermalink





Sec. 511. Acceleration of development and implementation of required navigation performance approach procedures. CommentsClose CommentsPermalink

TITLE VI--AVIATION RESEARCH

Sec. 601. Airport cooperative research program.CommentsClose CommentsPermalink





Sec. 602. Reduction of noise, emissions, and energy consumption from civilian aircraft.CommentsClose CommentsPermalink





Sec. 603. Production of clean coal fuel technology for civilian aircraft.CommentsClose CommentsPermalink





Sec. 604. Advisory committee on future of aeronautics.CommentsClose CommentsPermalink





Sec. 605. Research program to improve airfield pavements. CommentsClose CommentsPermalink





Sec. 606. Wake turbulence, volcanic ash, and weather research. CommentsClose CommentsPermalink





Sec. 607. Incorporation of unmanned aerial systems into FAA plans and policies. CommentsClose CommentsPermalink





Sec. 608. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraft. CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Sec. 701. General authority.CommentsClose CommentsPermalink





Sec. 702. Human intervention management study.CommentsClose CommentsPermalink





Sec. 703. Airport program modifications.CommentsClose CommentsPermalink





Sec. 704. Miscellaneous program extensions.CommentsClose CommentsPermalink





Sec. 705. Extension of competitive access reports.CommentsClose CommentsPermalink





Sec. 706. Modification of FAA's age-60 standard.CommentsClose CommentsPermalink





Sec. 707. Update on overflights.CommentsClose CommentsPermalink





Sec. 708. Technical corrections.CommentsClose CommentsPermalink





Sec. 709. FAA technical training and staffing.CommentsClose CommentsPermalink





Sec. 710. Commercial air tour operators in national parks. CommentsClose CommentsPermalink





Sec. 711. Phaseout of stage 1 and 2 aircraft. CommentsClose CommentsPermalink





Sec. 712. Weight restrictions at Teterboro Airport. CommentsClose CommentsPermalink





Sec. 713. Fair and equitable resolution of labor integration issues. CommentsClose CommentsPermalink





Sec. 714. Pilot program for redevelopment of airport properties. 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 take effect on the date of enactment.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS AND FINANCING

SEC. 101. OPERATIONS.

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

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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





`(1) $2,572,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $2,923,000,000 for fiscal year 2009, of which $412,000,000 is derived from the surcharge imposed under section 48115;CommentsClose CommentsPermalink





`(3) $3,079,000,000 for fiscal year 2010, of which $423,000,000 is derived from the surcharge imposed under section 48115; andCommentsClose CommentsPermalink





`(4) $3,317,000,000 for fiscal year 2011, of which $436,000,000 is derived from the surcharge imposed under section 48115.'.CommentsClose CommentsPermalink

SEC. 103. RESEARCH AND DEVELOPMENT.

Section 48102 is amended--CommentsClose CommentsPermalink





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





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





`(1) $140,000,000 for fiscal year 2008.CommentsClose CommentsPermalink





`(2) $191,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





`(3) $191,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(4) $194,000,000 for fiscal year 2011.';CommentsClose CommentsPermalink





(2) by striking subsections (c) through (h); andCommentsClose CommentsPermalink





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





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





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





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





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

SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.

Section 48103 is amended 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 for fiscal year 2009;CommentsClose CommentsPermalink





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





`(4) $4,100,000,000 for fiscal year [Struck out->]2011.';[<-Struck out] 2011.'.CommentsClose CommentsPermalink

SEC. 105. OTHER AVIATION PROGRAMS.

Section 48114 is amended--CommentsClose CommentsPermalink





(1) by striking `2007' in subsection (a)(1)(A) and inserting `2011';CommentsClose CommentsPermalink





(2) by striking `2007,' in subsection (a)(2) and inserting `2011,'; andCommentsClose CommentsPermalink





(3) by striking `2007' in subsection (c)(2) and inserting `2011'.CommentsClose CommentsPermalink

SEC. 106. AIR TRAFFIC MODERNIZATION FUND.

(a) IN GENERAL- Chapter 481 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 48115. Modernization surcharge

`(a) In General-CommentsClose CommentsPermalink





`(1) Not later than October 1, 2008, the Administrator of the Federal Aviation Administration shall impose a surcharge of $25 per flight for air traffic control costs. Except as provided in subsection (b), owners or operators of aircraft in the national airspace system shall pay the surcharges assessed under this section.CommentsClose CommentsPermalink





`(2) SURCHARGE CREDITED AS OFFSETTING COLLECTIONS- Any surcharge collected under this section shall, subject to appropriation made in advance--CommentsClose CommentsPermalink





`(A) be deposited in an Air Traffic Modernization Fund which shall be established in the Treasury;CommentsClose CommentsPermalink





`(B) be credited as offsetting collections to the account established under section 48101 of this title; andCommentsClose CommentsPermalink





`(C) be available to the Administrator for expenditure only to pay the costs of Next Generation Air Transportation System projects listed in the Capital Investment Plan required by section 44501 and approved by the Air Traffic Control Modernization Oversight Board.CommentsClose CommentsPermalink





`(3) EFFECT OF LAW ON SURCHARGE COLLECTION- The Administrator may continue to assess and collect and spend surcharges established under this section during any period in which the agency's funding is provided under an Act providing continuing appropriations in lieu of the agency's regular appropriations. The Administrator may not assess or collect a surcharge established under this section for any fiscal year for which no annual appropriations Act is enacted that appropriates at least the amount authorized by section 48101 for that fiscal year less the amount required by section 48116(c).CommentsClose CommentsPermalink





`(b) Exceptions-CommentsClose CommentsPermalink





`(1) MILITARY AND [Struck out->]OTHER PUBLIC[<-Struck out] CERTAIN OTHER PUBLIC AIRCRAFT- A surcharge may not be assessed under this section for military aircraft, public aircraft (as defined in section 40102 of this subtitle), air ambulance aircraft, or toagricultural aircraft, or [Struck out->]to[<-Struck out] for military or non-commercial civil aircraft of a foreign government.CommentsClose CommentsPermalink





`(2) [Struck out->]GENERAL AVIATION EXEMPTIONS[<-Struck out] EXEMPTION APPLICABILITY- A surcharge may not be assessed under this section for--CommentsClose CommentsPermalink





`(A) piston engined aircraft; orCommentsClose CommentsPermalink





`(B) turboprop aircraft operating or turboshaft aircraft operating outside of controlled airspace.CommentsClose CommentsPermalink





`(3) FLIGHT PLAN INFORMATION- Any person required to file a flight plan with the Administration, including operators of flights described in paragraphs (1) and (2), shall specify in the plan whether the person is engaged in an operation for compensation or hire, or [Struck out->]or[<-Struck out] a general aviation operation, or a military or public aircraft operation, [Struck out->]operation, for[<-Struck out] operation for purposes of this section.CommentsClose CommentsPermalink





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





`(5) INTRASTATE FLIGHTS- For the purpose of applying this section to intrastate flights in a State that is not contiguous with another State, a surcharge--`(A) may not be assessed for more than 2 intrastate departures for a continuing intrastate flight; and`(B) may not be applied to a departure from an airport for which basic essential air service is provided under subchapter II of chapter 417 of this titl may not be applied to any flight that originates or terminates at an airport, or in airspace, that is not controlled by a terminal radar approach control facility or a Combined Center/Radar Approach Control facility or to any flight that originates and terminates at an airport, or in airspace, that is not controlled by a terminal radar approach control facility or a Combined Center/Radar Approach Control facility. CommentsClose CommentsPermalink





`(6) TRAINING FLIGHTS- The Administrator may grant an exemption from a surcharge imposed under this subsection to an individual intending to conduct training flights. An individual seeking such an exemption shall submit a request to the Administrator in such form and manner as the Administrator may require. CommentsClose CommentsPermalink





`(c) Administrative Provisions-CommentsClose CommentsPermalink





`(1) SURCHARGES PAYABLE TO THE ADMINISTRATOR- Surcharges assessed and amounts collected under this section are payable to the Administrator. The Administrator may refund any surcharge, or portion thereof, paid by mistake in excess of the amount required. The Administrator may enter into agreements with other Federal agencies to collect surcharges assessed under this section on behalf of the Administration.CommentsClose CommentsPermalink





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





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





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





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





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





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





`(4) ACTION WHEN FUTURE PAYMENT IN JEOPARDY- If the Administrator reasonably determines that an aircraft owner or operator will not pay its required surcharges when due, the Administrator may change the required payment schedule for such person.CommentsClose CommentsPermalink





`(d) EFFECT ON PREVIOUS PROVISIONS- Unless otherwise specified, nothing in this section shall be construed as affecting fees previously authorized and established under chapter 453.CommentsClose CommentsPermalink





`(e) ADMINISTRATION OF SURCHARGE- The requirements applicable to developing and issuing rules under [Struck out->]title 5, United States Code,[<-Struck out] subchapter II of chapter 5 of title 5 shall not apply to the actions of the Secretary or the Administrator under this section.CommentsClose CommentsPermalink





`(f) DEFINITIONS- In this section:CommentsClose CommentsPermalink





`(1) AGRICULTURAL AIRCRAFT- The term `agricultural aircraft' means an aircraft used to make aerial applications for agricultural, forestry, or public health purposes. CommentsClose CommentsPermalink





` [Struck out->](1)[<-Struck out] (2) AIR AMBULANCE AIRCRAFT- The term `air ambulance aircraft' means--CommentsClose CommentsPermalink





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





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





`(2) [Struck out->](2)[<-Struck out] (3) FLIGHT- The term `flight' means a takeoff and landing by an aircraft.CommentsClose CommentsPermalink

`Sec. 48116. Leveraged financing for next generation air traffic control system

`(a) In General-CommentsClose CommentsPermalink





`(1) In order to support the transition to the Next Generation Air Transportation System, in fiscal years 2009 through 2025 the Secretary of Transportation is authorized to issue obligations to finance capital investments in the facilities and equipment account of the air traffic control system to be owned and operated by the Federal Aviation Administration.CommentsClose CommentsPermalink





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





`(b) CONDITIONS AND LIMIT ON INDEBTEDNESS- Obligations issued under this section shall be in such forms and denominations, bear such maturities, and shall be subject to such terms and conditions as may be prescribed by the Secretary. The aggregate amount of all such obligations shall not exceed $5,000,000,000.CommentsClose CommentsPermalink





`(c) REPAYMENT- The Secretary of Transportation shall use revenues derived from the surcharges authorized by section 48115 in the amounts required to repay such obligations with interest, and such payments shall have first priority in the use of surcharges collected during this period. Beginning in 2009, any surcharges required to repay obligations shall be collected notwithstanding section 48115(a)(3). These amounts shall not be treated as discretionary offsetting collections, but shall be treated as offsetting receipts and shall only be used to repay the obligations incurred under paragraph (1).CommentsClose CommentsPermalink





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





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





(b) DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM PROJECTS- Section 44501(b) is amended--CommentsClose CommentsPermalink





(1) by striking `and' after the semicolon in paragraph (3);CommentsClose CommentsPermalink





(2) by striking `defense.' in paragraph (4) and inserting `defense; and'; andCommentsClose CommentsPermalink





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





`(5) a list of projects that are part of the Next Generation Air Transportation S [Struck out->]System.'.[<-Struck out] System and do not have as a primary purpose to operate or maintain the current air traffic control system.'.CommentsClose CommentsPermalink





(c) CONFORMING AMENDMENT- The chapter analysis for chapter 481 is amended by inserting after the item relating to section 48114 the following:CommentsClose CommentsPermalink





`48115. Modernization surcharge.CommentsClose CommentsPermalink





`48116. Leveraged financing for next generation air traffic control system.'.CommentsClose CommentsPermalink

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

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

`Sec. 48105. Airport programs administrative expenses

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





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





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





`(3) for fiscal year 2010, $89,000,000; andCommentsClose CommentsPermalink





`(4) for fiscal year 2011, $93,000,000.'.CommentsClose CommentsPermalink





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





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

TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

(a) PASSENGER FACILITY CHARGE STREAMLINING- Section 40117(c) is amended to read as follows:CommentsClose CommentsPermalink





`(c) Procedural Requirements for Imposition of Passenger Facility Charge-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





`(3) Consultation with carriers for new projects-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





`(4) Public notice and comment-CommentsClose CommentsPermalink





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





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





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





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





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





`(5) Objections-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





`(6) Approval requirement for increased passenger facility charge or intermodal ground access project-CommentsClose CommentsPermalink





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





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





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





`(D) After receiving an application, the Secretary may provide air carriers, foreign air carriers and other interested persons notice and an opportunity to comment on the application. The Secretary shall make a final decision on the application not later than 120 days after receiving it.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) References-CommentsClose CommentsPermalink





(A) Section 40117(a) is amended--CommentsClose CommentsPermalink





(i) by striking `FEE' in the heading for paragraph (5) and inserting `CHARGE'; andCommentsClose CommentsPermalink





(ii) by striking `fee' each place it appears in paragraphs (5) and (6) and inserting `charge'.CommentsClose CommentsPermalink





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





(i) by striking `fee' or `fees' each place either appears and inserting `charge' or `charges', respectively; andCommentsClose CommentsPermalink





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





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

`Sec. 40117. Passenger facility charges'.

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





`40117. Passenger facility charges.'.CommentsClose CommentsPermalink





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





(A) by striking `subsection (c) of this section to finance a specific' and inserting `subsection (c)(6) of this section to finance an intermodal ground access';CommentsClose CommentsPermalink





(B) by striking `specific' in paragraph (1);CommentsClose CommentsPermalink





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





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





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





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





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





(4) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS- Section 40117(f)(2) is amended by striking `long-term'.CommentsClose CommentsPermalink





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





(A) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink





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





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





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





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





(B) by striking `date that is 3 years after the date of issuance of regulations to carry out this subsection.' in paragraph (7) and inserting `date of issuance of regulations to carry out subsection (c) of this section, as amended by the Aviation Investment and Modernization Act of 2007.'.CommentsClose CommentsPermalink





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

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

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





`(n) Alternative Passenger Facility Charge Collection Pilot Program-CommentsClose CommentsPermalink





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





`(2) Collection requirements-CommentsClose CommentsPermalink





`(A) DIRECT COLLECTION- An eligible agency participating in the pilot program--CommentsClose CommentsPermalink





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





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





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

SEC. 203. AMENDMENTS TO GRANT ASSURANCES.

Section 47107 is amended--CommentsClose CommentsPermalink





(1) by striking `made;' in subsection (a)(16)(D)(ii) and inserting `made, except that, if there is a change in airport design standards that the Secretary determines is beyond the owner or operator's control that requires the relocation or replacement of an existing airport facility, the Secretary, upon the request of the owner or operator, may grant funds available under section 47114 to pay the cost of relocating or replacing such facility;';CommentsClose CommentsPermalink





(2) by striking `purpose;' in subsection (c)(2)(A)(i) and inserting `purpose, which includes serving as noise buffer land;';CommentsClose CommentsPermalink





(3) by striking `paid to the Secretary for deposit in the Fund if another eligible project does not exist.' in subsection (c)(2)(AB)(iii) and inserting `reinvested in another project at the airport or transferred to another airport as the Secretary prescribes.'; andCommentsClose CommentsPermalink





(4) by redesignating paragraph (3) of subsection (c) as paragraph (4) and inserting after paragraph (2) the following:CommentsClose CommentsPermalink





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





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





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





`(iii) reinvestment in an airport development project that is eligible for funding under sections [Struck out->]47114, 47115 or 47117[<-Struck out] 47114, 47115, or 47117 and meets the requirements of this chapter;CommentsClose CommentsPermalink





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





`(v) payment to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).'.CommentsClose CommentsPermalink

SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.

Section 47109 is amended--CommentsClose CommentsPermalink





(1) by striking `subsection (b) or subsection (c)' in subsection (a) and inserting `subsection (b), (c), or (e)'; 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 primary airport changes to a medium hub primary airport, the United States Government's share of allowable project costs for the airport may not exceed 90 percent for 2 fiscal years [Struck out->]90[<-Struck out] 95 percent for 2 fiscal years following such change in hub status.'.CommentsClose CommentsPermalink

SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.

Section 47110 is amended--CommentsClose CommentsPermalink





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





`(d) RELOCATION OF AIRPORT-OWNED FACILITIES- The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if--CommentsClose CommentsPermalink





`(1) the Government's share of such costs is paid with funds apportioned to the airport sponsor under sections 47114(c)(1) or 47114(d)(2);CommentsClose CommentsPermalink





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





`(3) the Secretary determines that the change is beyond the control of the airport sponsor.'; andCommentsClose CommentsPermalink





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

SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

Section 47133(b) is amended--CommentsClose CommentsPermalink





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





(2) by inserting `(1)' before `Subsection'; andCommentsClose CommentsPermalink





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





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





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





`(B) funding is provided under this title for the public sponsor's acquisition; andCommentsClose CommentsPermalink





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





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

SEC. 207. PILOT PROGRAM FOR AIRPORT TAKEOVER OF AIR NAVIGATION FACILITIES.

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

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

`(a) IN GENERAL- Subject to the requirements of this section, the Administrator of the Federal Aviation Administrator may carry out a pilot program under which the Administrator may transfer [Struck out->]ownership, operating and maintenance[<-Struck out] ownership, operating, and maintenance responsibilities for airport terminal area air navigation equipment to sponsors of not more than 10 airports.CommentsClose CommentsPermalink





`(b) TERMS AND CONDITIONS OF TRANSFER FOR AIRPORT SPONSORS- As a condition of participating in this pilot program the sponsor shall agree that the sponsor will--CommentsClose CommentsPermalink





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





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





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





`(c) TERMS AND CONDITIONS OF TRANSFER FOR THE ADMINISTRATOR- When the Administrator approves a sponsor's participation in this pilot program, the Administrator shall--CommentsClose CommentsPermalink





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





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





`(d) TREATMENT OF AIRPORT COSTS UNDER PILOT PROGRAM- Upon transfer by the Administrator, any costs incurred by the airport for ownership and maintenance of the equipment transferred under this section shall be considered a cost of providing airfield facilities and services under standards and guidelines issued by the Secretary under section 47129(b)(2) and may be recovered in rates and charges assessed for use of the airfield.CommentsClose CommentsPermalink





`(e) DEFINITIONS- In this section:CommentsClose CommentsPermalink





`(1) SPONSOR- The term `sponsor' has the meaning given that term in section 40102.CommentsClose CommentsPermalink





`(2) TERMINAL AREA AIR NAVIGATION EQUIPMENT- The term `terminal area air navigation equipment' means an air navigation facility under section 40102, other than buildings used for air traffic control functions, that exists to provide approach and landing guidance to aircraft.CommentsClose CommentsPermalink





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





(b) CONFORMING AMENDMENT- The chapter analysis for chapter 445 is amended by inserting after the item relating to section 44517 the following:CommentsClose CommentsPermalink





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

SEC. 208. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.

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

SEC. 209. MISCELLANEOUS AMENDMENTS.

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





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





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





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





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





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





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





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





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





(1) by striking `separated from' in paragraph (1)(B) and inserting `discharged or released from active duty in';CommentsClose CommentsPermalink





(2) by adding at the end of paragraph (1) the following:CommentsClose CommentsPermalink





`(C) `Afghanistan-Iraq war veteran' means an individual who served on active duty, as defined by section 101(21) of title 38, at any time in the armed forces for a period of more than 180 consecutive days, any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom.'; andCommentsClose CommentsPermalink





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





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





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





(2) by revising paragraphs (1), (2), (3), and (4) to read as followsstriking paragraphs (1) through (4) and inserting the following: CommentsClose CommentsPermalink





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





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





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





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





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





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





(1) by striking `47102(3)(F),' in subsection (a);CommentsClose CommentsPermalink





(2) by striking `47102(3)(F),' in subsection (b);CommentsClose CommentsPermalink





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





(4) by striking `47103(3)(F), in subsection (b);CommentsClose CommentsPermalink





(5) by striking `47102(3)(L), or 47140,' in subsection (b) and inserting `or 47102(3)(L),'.CommentsClose CommentsPermalink





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





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





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





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





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





(h) CARGO AIRPORTS- Section 47114(c)(2)(A) is amended by striking `3.5 percent' and inserting `4.0 percent'.CommentsClose CommentsPermalink





(i) USE OF APPORTIONED AMOUNTS- Section 47117(e)(1)(A) is amended--CommentsClose CommentsPermalink





(1) by striking `35 percent' in the first sentence and inserting `$300,000,000';CommentsClose CommentsPermalink





(2) by striking `and' after `47141,';CommentsClose CommentsPermalink





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





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





(j) USE OF APPORTIONED AMOUNTS- An amount apportioned under section 47114 of title 49, United States Code, or made available under section 47115 of that title, to the sponsor of a reliever airport the crosswind runway of which was closed as a result of a Record of Decision dated September 3, 2004, shall be available for project costs associated with the establishment of a new crosswind runway.CommentsClose CommentsPermalink





(k) USE OF PREVIOUS FISCAL YEAR'S APPORTIONMENT- Section 47114(c)(1) is amended--CommentsClose CommentsPermalink





(1) by striking `airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.' in [Struck out->]paragraph[<-Struck out] subparagraph (E)(iii) and inserting `airport--CommentsClose CommentsPermalink





`(I) if it is included in the essential air service program in the calendar year in which the passenger boardings fall below 9,700;CommentsClose CommentsPermalink





`(II) if at the airport the total passenger boardings from large certificated air carriers (as defined in part 241 of title 14, Code of Federal Regulations) conducting scheduled plus nonscheduled service totals 10,000 or more in the calendar year in which the airport does not meet the criteria for a primary airport under section 47102 of this title; orCommentsClose CommentsPermalink





`(III) if the documented interruption to scheduled service at the airport was equal to 4 percent of the scheduled flights in calendar year 2006, exclusive of cancellations due to severe weather conditions, and the airport is served by a single air carrier.';CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (F) and (G) as (G) and (H), respectively, and inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





`(F) For fiscal years 2009 through 2012, with regard to an airport that meets the criteria described in paragraph (E)(iii), if the calendar year passenger boardings for the calculation of apportionments under this section fall below 10,000 passenger boardings, the Secretary may use the passenger boardings for the last fiscal year in which passenger boardings exceeded 10,000 for calculating apportionments.'.CommentsClose CommentsPermalink





(l) Section 47102(3) is amended by adding at the end the following: CommentsClose CommentsPermalink





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





(m) Section 47115(g)(1) is amended by striking `of--' and all that follows and inserting `of $520,000,000.The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.'. CommentsClose CommentsPermalink





(n) Section 47114(c) is amended by adding at the end thereof the following: CommentsClose CommentsPermalink





`(3) Airports served by large certificated carriers- CommentsClose CommentsPermalink





`(A) APPORTIONMENT- The Secretary shall apportion to the sponsor of an airport that received scheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations) an amount equal to the minimum apportionment specified in paragraph (1) of this subsection. CommentsClose CommentsPermalink





`(B) LIMITATION- The apportionment under subparagraph (A) shall be made available to an airport sponsor only if-- CommentsClose CommentsPermalink





`(i) the large certificated air carrier began scheduled air service at the airport in May 2006 and ceased scheduled air service at the airport in October 2006; and CommentsClose CommentsPermalink





`(ii) the Secretary determines that the airport had more than 10,000 passenger boardings in the preceding calendar year, based on data submitted to the Secretary under part 241 of title 14, Code of Federal Regulations.'. CommentsClose CommentsPermalink





(o) Subparagraph (H) of section 47114(c)(1), as redesignated by subsection (k)(2) of this section, is amended-- CommentsClose CommentsPermalink





(1) by striking `FISCAL YEAR 2006' in the subparagraph heading and inserting `fiscal years 2008 through 2011- '; CommentsClose CommentsPermalink





(2) by striking `fiscal year 2006' and inserting `each of fiscal years 2008 through 2011'; and CommentsClose CommentsPermalink





(3) by striking clause (i) and inserting the following: CommentsClose CommentsPermalink





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





(4) by striking `2000 or 2001;' in clause (ii) and inserting `2003'. CommentsClose CommentsPermalink

SEC. 210. STATE BLOCK GRANT PROGRAM.

Section 47128 is amended--CommentsClose CommentsPermalink





(1) by striking `regulations' each place it appears in subsection (a) and inserting `guidance';CommentsClose CommentsPermalink





(2) by striking `grant;' in subsection (b)(4) and inserting `grant, including Federal environmental requirements or an agreed upon equivalent;';CommentsClose CommentsPermalink





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





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





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





`(e) PILOT PROGRAM- The Secretary shall establish a pilot program for up to 3 States that do not participate in the program established under subsection (a) that is consistent with the program under subsection (a).'.CommentsClose CommentsPermalink

SEC. 211. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

Section 47173(a) is amended by striking `project.' and inserting `project, or to conduct special environmental studies related to a federally funded airport project or for special studies or reviews to support approved noise compatibility measures in a Part 150 program or environmental mitigation in a Federal Aviation Administration Record of Decision or Finding of No Significant Impact.'.CommentsClose CommentsPermalink

SEC. 212. 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) The Secretary is authorized in accordance with subsection (c)(1) to make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures that have been approved for airport noise compatibility planning purposes under subsection (b).CommentsClose CommentsPermalink





`(2) The Administrator of the Federal Aviation Administration may accept funds from an airport sponsor, including funds provided to the sponsor under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review and completion of environmental activities associated with proposals to implement flight procedures submitted and approved for airport noise compatibility planning purposes in accordance with this section. Funds received under this authority shall not be subject to the procedures applicable to the receipt of gifts by the Administrator.'.CommentsClose CommentsPermalink

SEC. 213. SAFETY-CRITICAL AIRPORTS.

Section 47118(c) is amended--CommentsClose CommentsPermalink





(1) by striking `or' after the semicolon in paragraph (1);CommentsClose CommentsPermalink





(2) by striking `delays.' in paragraph (2) and inserting `delays; or'; andCommentsClose CommentsPermalink





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





`(3) be critical to the safety of commercial, military, or general aviation in trans-oceanic flights.'.CommentsClose CommentsPermalink

SEC. 214. EXPANDED PASSENGER FACILITY CHARGE ELIGIBILITY FOR 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 1 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

TITLE III--FAA ORGANIZATION AND REFORM

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

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





`(p) AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- The Secretary shall establish an advisory Board which shall be known as the Air Traffic Control Modernization Oversight Board.CommentsClose CommentsPermalink





`(2) MEMBERSHIP- The Board shall be comprised of 7 members, who shall consist of--CommentsClose CommentsPermalink





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





`(B) 1 member who shall have a fiduciary responsibility to represent the public interest; andCommentsClose CommentsPermalink





`(C) 4 members representing aviation interest [Struck out->]interests:[<-Struck out] interests, as follows:CommentsClose CommentsPermalink





`(i) 1 representative that is the chief executive officer of an airport.CommentsClose CommentsPermalink





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





`(iii) 1 representative of a labor organization representing employees at the Federal Aviation Administration that are involved with the operation, maintenance or procurement of the air traffic control system.CommentsClose CommentsPermalink





`(iv) 1 representative with extensive operational experience in the general aviation community.CommentsClose CommentsPermalink





`(3) APPOINTMENT AND QUALIFICATIONS-CommentsClose CommentsPermalink





`(A) Members of the Board appointed under paragraphs (2)(B) and (2)(C) shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





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





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





`(ii) customer service;CommentsClose CommentsPermalink





`(iii) management of large procurements;CommentsClose CommentsPermalink





`(iv) information and communications technology;CommentsClose CommentsPermalink





`(v) organizational development; andCommentsClose CommentsPermalink





`(vi) labor relations.CommentsClose CommentsPermalink





`(4) FUNCTIONS-CommentsClose CommentsPermalink





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





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





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





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





`(iv) approve capital expenditures for a project of $100,000,000 or more related to the system;CommentsClose CommentsPermalink





`(v) approve by July 31 of each year the Administrator's budget request for facilities and equipment prior to its submission to the Office of Management and Budget;CommentsClose CommentsPermalink





`(vi) approve the Federal Aviation Administration's Capital Investment Plan prior to its submission to the Congress;CommentsClose CommentsPermalink





`(vii) annually approve the Operational Evolution Plan;CommentsClose CommentsPermalink





`(viii) approve the Administrator's selection of a Chief Operating Officer for the Air Traffic Organization and on the appointment and compensation of its managers; andCommentsClose CommentsPermalink





`(ix) approve the selection of the head of the Joint Planning Development Office.CommentsClose CommentsPermalink





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





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





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





`(6) ADMINISTRATIVE MATTERS-CommentsClose CommentsPermalink





`(A) TERMS OF MEMBERS- Members of the Board appointed under paragraph (2)(B) and (2)(C) shall be appointed for a term of 4 years.CommentsClose CommentsPermalink





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





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





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





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





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





`(i) IN GENERAL- A member appointed to the Board shall have no personal liability under State or Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Board.CommentsClose CommentsPermalink





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





`(I) to affect any other immunity or protection that may be available to a member of the Board under applicable law with respect to such transactions;CommentsClose CommentsPermalink





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





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





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





`(i) does not have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;CommentsClose CommentsPermalink





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





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





`(H) CHAIRMAN; VICE CHAIRMAN- The Board shall elect a chair and a vice chair from among its members, each of whom shall serve for a term of 2 years. The vice chair shall perform the duties of the chairman in the absence of the chairman.CommentsClose CommentsPermalink





`(I) COMPENSATON- No member shall receive any compensation or other benefits from the Federal Government for serving on the Board, except for compensation benefits for injuries under subchapter I of chapter 81 of title 5 and except as provided under subparagraph (J).CommentsClose CommentsPermalink





`(J) EXPENSES- Each member of the Board shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.CommentsClose CommentsPermalink





`(K) BOARD RESOURCES- From resources otherwise available to the Administrator, the Chairman shall appoint such staff to assist the board and provide impartial analysis. The Administrator shall, and the Administrator shall make available to the Board such information and administrative services and assistance, as may reasonably be required to enable the Board to carry out its responsibilities under this subsection. CommentsClose CommentsPermalink





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





`(7) AIR TRAFFIC CONTROL SYSTEM DEFINED- In this subsection, the term `air traffic control system' has the meaning given that term in section 40102(a).'.CommentsClose CommentsPermalink

SEC. 302. ADS-B SUPPORT PILOT PROGRAM.

(a) IN GENERAL- Chapter 445, as amended by section 31207, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 44519. ADS-B support pilot program

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





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





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





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





`(b) Project Grants-CommentsClose CommentsPermalink





`(1) For purposes of carrying out the pilot program and notwithstanding the requirements of section 47114(d), the Secretary may make a project grant out of funds apportioned under section 47114(d)(2) to not more than 10 eligible sponsors to acquire and install ADS-B ground stations in order to serve any public-use airport.CommentsClose CommentsPermalink





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





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





`(d) DEFINITIONS- In this section:CommentsClose CommentsPermalink





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





`(2) ELIGIBLE SPONSOR- The term `eligible sponsor' means a State or any consortium of 2 or more State or local governments meeting the definition of a sponsor under section 47102 of this title.'.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The chapter analysis for chapter 445 is amended by inserting after the item relating to section 44518 the following:CommentsClose CommentsPermalink





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

SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC SERVICES.

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





`(7) AIR TRAFFIC SERVICES- In determining what actions to take, by rule or through an agreement or transaction under paragraph (6) or under section 44502, to permit non-government providers of communications, navigation, surveillance or other services to provide such services in the National Airspace System, or to require the usage of such services, the Administrator shall consider whether such actions would--CommentsClose CommentsPermalink





`(A) promote the safety of life and property;CommentsClose CommentsPermalink





`(B) improve the efficiency of the National Airspace System and reduce the regulatory burden upon National Airspace System users, based upon sound engineering principles, user operational requirements, and marketplace demands;CommentsClose CommentsPermalink





`(C) encourage competition and provide services to the largest feasible number of users; andCommentsClose CommentsPermalink





`(D) take into account the unique role served by general aviation.'.CommentsClose CommentsPermalink

SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS.

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

SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

Section 40110(c) is amended--CommentsClose CommentsPermalink





(1) by inserting `and' after the semicolon in paragraph (3);CommentsClose CommentsPermalink





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





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

SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

Section 40113(e) is amended--CommentsClose CommentsPermalink





(1) by inserting `(whether public or private)' in paragraph (1) after `authorities';CommentsClose CommentsPermalink





(2) by striking `safety.' in paragraph (1) and inserting `safety or efficiency. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with the provisions under section 106(l)(6) of this title. The Administrator is also authorized, notwithstanding any other provision of law or policy, to accept payments in arrears.'; andCommentsClose CommentsPermalink





(3) by striking `appropriation from which expenses were incurred in providing such services.' in paragraph (3) and inserting `appropriation current when the expenditures are or were paid, or the appropriation current when the amount is received.'.CommentsClose CommentsPermalink

SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

Section 40122(g)(2) is amended--CommentsClose CommentsPermalink





(1) by striking `and' after the semicolon in subparagraph (G);CommentsClose CommentsPermalink





(2) by striking `Board.' in subparagraph (H) and inserting `Board;'; andCommentsClose CommentsPermalink





(3) by inserting at the end the following new subparagraph:CommentsClose CommentsPermalink





`(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards), and section subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank-awards), except that--CommentsClose CommentsPermalink





`(i) for purposes of applying such provisions to the personnel management system--CommentsClose CommentsPermalink





`(I) the term `agency' means the Department of Transportation;CommentsClose CommentsPermalink





`(II) the term `senior executive' means an Federal Aviation Administration executive;CommentsClose CommentsPermalink





`(III) the term `career appointee' means an Federal Aviation Administration career executive; andCommentsClose CommentsPermalink





`(IV) the term `senior career employee' means an Federal Aviation Administration career senior professional;CommentsClose CommentsPermalink





`(ii) receipt by a career appointee of the rank of Meritorious Executive or Meritorious Senior Professional entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; andCommentsClose CommentsPermalink





`(iii) receipt by a career appointee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan.'.CommentsClose CommentsPermalink

SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

(a) FAA CRITERIA FOR FACILITIES REALIGNMENT- Within 9 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, after providing an opportunity for public comment, shall publish final criteria to be used in making the Administrator's recommendations for the realignment of services and facilities to assist in the transition to next generation facilities and help reduce capital, operating, maintenance, and administrative costs with no adverse effect on safety.CommentsClose CommentsPermalink





(b) REALIGNMENT RECOMMENDATIONS- Within 9 months after publication of the criteria, the Administrator shall publish a list of the services and facilities that the Administrator recommends for realignment, including a justification for each recommendation, and a description of the costs and savings of such transition.CommentsClose CommentsPermalink





(c) REALIGNMENT DEFINED- As used in this section, the term `realignment' includes any action which relocates functions and personnel positions but does not include a reduction in personnel resulting from workload adjustments.CommentsClose CommentsPermalink





(d) STUDY BY BOARD- The Air Traffic Control Modernization Oversight Board established by section 106(p) of title 49, United States Code, shall study the Administrator's recommendations for realignment and the opportunities, risks, and benefits of realigning services and facilities of the Federal Aviation Administration to help reduce capital, operating, maintenance, and administrative costs with no adverse effect on safety.CommentsClose CommentsPermalink





(e) Review and Recommendations-CommentsClose CommentsPermalink





(1) After receiving the recommendations from the Administrator pursuant to subsection (b), the Board shall provide opportunity for public comment on such recommendations.CommentsClose CommentsPermalink





(2) Based on its review and analysis of the Administrator's recommendations and any public comment it may receive, the Board shall make its independent recommendations for realignment of aviation services or facilities and submit its recommendations in a report to the President, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink





(3) The Board shall explain and justify in its report any recommendation made by the Board that is different from the recommendations made by the Administrator pursuant to subsection (b).CommentsClose CommentsPermalink





(4) The Administrator may not consolidate any additional approach control facilities into the Southern California [Struck out->]TRACON[<-Struck out] TRACON, the Houston TRACON, or the Memphis TRACON until the Board's recommendations are completed.CommentsClose CommentsPermalink

SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM PLANNING OFFICE.

(a) IMPROVED COOPERATION AND COORDINATION AMONG PARTICIPATING AGENCIES- Section 709 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended--CommentsClose CommentsPermalink





(1) by inserting `(A)' after `(3)' in subsection (a)(3);CommentsClose CommentsPermalink





(2) by inserting after subsection (a)(3) the following:CommentsClose CommentsPermalink





`(B) The Administrator of the Federal Aviation Administration, 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 Department or Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate an implementation office to be responsible for--CommentsClose CommentsPermalink





`(i) carrying out the Department or agency's Next Generation Air Transportation System implementation activities with the Office; andCommentsClose CommentsPermalink





`(ii) liaison and coordination with other Departments and agencies involved in Next Generation Air Transportation [Struck out->]System activities.[<-Struck out] System activities; andCommentsClose CommentsPermalink





`(iii) managing all Next Generation Air Transportation System activitiesprograms for the Department or agency, including necessary budgetary and staff resources, including, for the Federal Aviation Administration, those projects described insection 44501(b)(5) of title 49, United States Code). CommentsClose CommentsPermalink





`(C) The head of any such Department or agency shall ensure that--CommentsClose CommentsPermalink





`(i) the Department's or agency's Next Generation Air Transportation System responsibilities are clearly communicated to the designated office; andCommentsClose CommentsPermalink





`(ii) the performance of supervisory personnel in that office in carrying out the Department's or agency's Next Generation Air Transportation System responsibilities is reflected in their annual performance evaluations and compensation decisions.CommentsClose CommentsPermalink





`(D)(i) Within 6 months after the date of enactment of the Aviation Investment and Modernization Act of 2007, the head of each such Department or agency shall execute a memorandum of understanding with the Office and with the other Departments and agencies participating in the Next Generation Air Transportation System project that--CommentsClose CommentsPermalink





`(I) describes the respective responsibilities of each such Department and agency, including budgetary commitments; andCommentsClose CommentsPermalink





`(II) the budgetary and staff resources committed to the project.CommentsClose CommentsPermalink





`(ii) The memorandum shall be revised as necessary to reflect any changes in such responsibilities or [Struck out->]commitments.';(3)[<-Struck out] commitments and be reflected in each Department or agency's budget request.';CommentsClose CommentsPermalink





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





`(5) The Director of the Office shall be a voting member of the Federal Aviation Administration's Joint Resources Council and the Air Traffic Organization's Executive Council.';CommentsClose CommentsPermalink





(4) by striking `beyond those currently included in the Federal Aviation Administration's Operational Evolution Plan' in subsection (b);CommentsClose CommentsPermalink





(5) by striking `research and development roadmap' in subsection (b)(3) and inserting `implementation plan';CommentsClose CommentsPermalink





(6) by striking `and' after the semicolon in subsection (b)(3)(B);CommentsClose CommentsPermalink





(7) by inserting after subsection (b)(3)(C) the following:CommentsClose CommentsPermalink





`(D) a schedule of rulemakings required to issue regulations and guidelines for implementation of the Next Generation Air Transportation System within a timeframe consistent with the integrated plan; and';CommentsClose CommentsPermalink





(8) by inserting `and key technologies' after `concepts' in subsection (b)(4);CommentsClose CommentsPermalink





(9) by striking `users' in subsection (b)(4) and inserting `users, an implementation plan,';CommentsClose CommentsPermalink





(10) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink





`Within 6 months after the date of enactment of the Aviation Investment and Modernization Act of 2007, the Administrator shall develop the implementation plan described in paragraph (3) of this subsection and shall update it annually thereafter.'; andCommentsClose CommentsPermalink





(11) by striking `2010.' in subsection (e) and inserting `2011.'.CommentsClose CommentsPermalink





(b) SENIOR POLICY COMMITTEE MEETINGS- Section 710(a) of such Act (49 U.S.C. 40101 note) is amended by striking `Secretary.' and inserting `Secretary and shall meet at least once each quarter.'.CommentsClose CommentsPermalink

SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

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





(1) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





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





(2) by striking `weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and' in subparagraph (C) and inserting `aeronautical and meteorological information to air traffic control facilities or aircraft, supplying communication, navigation or surveillance equipment for air-to-ground or air-to-air applications;';CommentsClose CommentsPermalink





(3) by striking `another structure' in subparagraph (D) and inserting `any structure or equipment';CommentsClose CommentsPermalink





(4) by striking `aircraft.' in subparagraph (D) and inserting `aircraft; and'; andCommentsClose CommentsPermalink





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





`(E) buildings, equipment and systems dedicated to the National Airspace System.'.CommentsClose CommentsPermalink

SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

Section 40110(a)(2) is amended by striking `compensation; and' and inserting `compensation, and the amount received may be credited to the appropriation current when the amount is received; and'.CommentsClose CommentsPermalink

SEC. 312. EDUCATIONAL REQUIREMENTS.

The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent children of those Federal Aviation Administration employees in Puerto Rico and Guam who [Struck out->]who[<-Struck out] as they are subject to transfer by policy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 313. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

Section 40122(a)(2) is amended to read as follows:CommentsClose CommentsPermalink





`(2) Dispute resolution-CommentsClose CommentsPermalink





`(A) MEDIATION- If the Administrator does not reach an agreement under paragraph (1) or subsection (g)(2)(C) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations. The Administrator and bargaining representatives may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement.CommentsClose CommentsPermalink





`(B) BINDING ARBITRATION- If the services of the Federal Mediation and Conciliation Service under subparagraph (A) does not lead to an agreement, the Administrator and the bargaining representatives shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5. 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 in accordance with section 2471.6(a)(2)(ii) of title 5, Code of Federal Regulations. The executive director of the Panel shall request a list of not less than 15 names of arbitrators with Federal sector experience from the director of the Federal Mediation and Conciliation Service to be provided to the Administrator and the bargaining representatives. Within 10 days after receiving the list, the parties shall each select 1 person. The 2 arbitrators shall then select a third person from the list within 7 days. [Struck out->]If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person within 3 days, the selection shall be chosen randomly through a process agreed to by the 2 parties.[<-Struck out] If the 2 arbitrators are unable to agree on the third person, the parties shall select the third person by alternately striking names from the list until only 1 name remains. If the parties do not agree on the framing of the issues to be submitted, the arbitration board shall frame the issues. 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. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 90 days after its appointment. The Administrator and the bargaining representative shall share costs of the arbitration equally. The arbitration board shall take into consideration the effect of its arbitration decisions on the Federal Aviation Administration's ability to attract and retain a qualified workforce and the Federal Aviation Administration's budget.CommentsClose CommentsPermalink





`(C) EFFECT- Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under subparagraph (B) above, the final agreement, except for those matters decided by the arbitration board, shall be subject to ratification by the exclusive representative, if so requested by the exclusive representative, and approval by the head of the agency in accordance with subsection (g)(2)(C).CommentsClose CommentsPermalink





`(D) ENFORCEMENT- Enforcement of the provisions of this paragraph, and any agreement hereunder, shall be in the United States District Court for the District of Columbia.'.CommentsClose CommentsPermalink

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

SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.

(a) IN GENERAL- Chapter 417 is amended by adding at the end the following:CommentsClose CommentsPermalink

`SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

`Sec. 41781. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.

`(a) IN GENERAL- Not later than 60 days after the date of the enactment of the Aviation Investment and Modernization Act of 2007, each air carrier shall institute the following practices:CommentsClose CommentsPermalink





`(1) PROVISION OF FOOD AND WATER- In any case in which departure of a flight of an air carrier is substantially delayed, such air carrier shall provide--CommentsClose CommentsPermalink





`(A) adequate food and potable water to passengers on such flight during such delay; andCommentsClose CommentsPermalink





`(B) adequate restroom facilities to passengers on such flight during such delay.CommentsClose CommentsPermalink





`(2) Right to deplane-CommentsClose CommentsPermalink





`(A) IN GENERAL- An air carrier shall develop a plan, that incorporates medical considerations, to ensure that passengers are provided a clear timeframe under which they will be permitted to deplane a delayed aircraft. The air carrier shall provide a copy of the plan to the Secretary of Transportation, who shall make the plan available to the public. In the absence of such a plan, except as provided in subparagraph (B), if more than 3 hours after passengers have boarded an air carrier and the air carrier doors are closed, the air carrier has not departed, the air carrier shall provide passengers with the option to deplane safely before the departure of such air carrier. Such option shall be provided to passengers not less often than once during each 3-hour period that the plane remains on the ground.CommentsClose CommentsPermalink





`(B) EXCEPTIONS- Subparagraph (A) shall not apply--CommentsClose CommentsPermalink





`(i) if the pilot of such flight reasonably determines that such flight will depart not later than 30 minutes after the 3 hour delay; orCommentsClose CommentsPermalink





`(ii) if the pilot of such flight reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security.CommentsClose CommentsPermalink





`(bC) APPLICATION TO DIVERTED FLIGHTS- This section applies to aircraft without regard to whether they have been diverted to an airport other than the original destination. CommentsClose CommentsPermalink





`(b) POSTING CONSUMER RIGHTS ON WEBSITE- An air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall publish conspicuously and update monthly on the Internet website of the air carrier a statement of the air carrier's customer service policy and of air carrier customers' consumer rights under Federal and State law. CommentsClose CommentsPermalink





` [Struck out->](b)[<-Struck out] (c) AIR CARRIER- In this section the term `air carrier' means an air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation.'.CommentsClose CommentsPermalink





(b) REGULATIONS- Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate such regulations as the Secretary determines necessary to carry out the amendment made by subsection (a).CommentsClose CommentsPermalink





(c) CONFORMING AMENDMENT- The chapter analysis for chapter 417 is amended by adding at the end the following:CommentsClose CommentsPermalink

SUBCHAPTER IV. AIRLINE CUSTOMER SERVICE

`41781. Airline contingency service requirements.'.CommentsClose CommentsPermalink

SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT DELAY HISTORY.

Section 41722 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Chronically Delayed Flights-CommentsClose CommentsPermalink





`(1) PUBLICATION OF LIST OF FLIGHTS- An air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall publish and update monthly on the Internet website of the air carrier, or provide on request, a list of chronically delayed flights operated by the air carrier.CommentsClose CommentsPermalink





`(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS- An air carrier shall disclose the following information prominently to an individual before that individual books transportation on the air carrier's Internet website for any flight for which data is reported to the Department of Transportation under part 234 of title 14, Code of Federal Regulations, and for which the air carrier has primary responsibility for inventory control:CommentsClose CommentsPermalink





`(A) The on-time performance for the flight if it is a chronically delayed flight.CommentsClose CommentsPermalink





`(B) The cancellation rate for the flight if it is a chronically canceled flight.CommentsClose CommentsPermalink





`(3) CHRONICALLY DELAYED; CHRONICALLY CANCELED- The Secretary of Transportation shall define the terms `chronically delayed flight' and `chronically canceled flight' for purposes of this subsection.'.CommentsClose CommentsPermalink

SEC. 403. EAS CONNECTIVITY PROGRAM.

Section 406(a) of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended by striking `may' and inserting `shall'.CommentsClose CommentsPermalink

SEC. 404. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT ELIGIBILITY.

Section 409(d) of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended by striking `September 30, 2007.' and inserting `September 30, 2011.'.CommentsClose CommentsPermalink

SEC. 405. EAS CONTRACT GUIDELINES.

Section 41737(a)(1) is amended--CommentsClose CommentsPermalink





(1) by striking `and' after the semicolon in subparagraph (B);CommentsClose CommentsPermalink





(2) by striking `provided.' in subparagraph (C) and inserting `provided;'; andCommentsClose CommentsPermalink





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





`(D) include provisions under which the Secretary may encourage carriers to improve air service to small and rural communities by incorporating financial incentives in essential air service contracts based on specified performance goals; andCommentsClose CommentsPermalink





`(E) include provisions under which the Secretary may execute long-term essential air service contracts to encourage carriers to provide air service to small and rural communities where it would be in the public interest to do so.'.CommentsClose CommentsPermalink

SEC. 406. CONVERSION OF FORMER EAS AIRPORTS.

(a) IN GENERAL- Section 41745 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





`(c) Conversion of Lost Eligibility Airports-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall establish a program to provide general aviation conversion funding for airports serving eligible places that the Secretary has determined no longer qualify as eligible places.CommentsClose CommentsPermalink





`(2) GRANTS- A grant under this subsection--CommentsClose CommentsPermalink





`(A) may not exceed twice the compensation paid to provide essential air service to the airport in the fiscal year preceding the fiscal year in which the Secretary determines that the place served by the airport is no longer an eligible place; andCommentsClose CommentsPermalink





`(B) may be used--CommentsClose CommentsPermalink





`(i) for airport development (as defined in section 47102(3)) that will enhance general aviation capacity at the airport;CommentsClose CommentsPermalink





`(ii) to defray operating expenses, if such use is approved by the Secretary; orCommentsClose CommentsPermalink





`(iii) to develop innovative air service options, such as on-demand or air taxi operations, if such use is approved by the Secretary.CommentsClose CommentsPermalink





`(3) AIP REQUIREMENTS- An airport sponsor that uses funds provided under this subsection for an airport development project shall comply with the requirements of subchapter I of chapter 471 applicable to airport development projects funded under that subchapter with respect to the project funded under this subsection.CommentsClose CommentsPermalink





`(4) LIMITATION- The sponsor of an airport receiving funding under this subsection is not eligible for funding under section 41736.'.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- Section 41745(f), as redesignated, is amended--CommentsClose CommentsPermalink





(1) by striking `An eligible place' and inserting `Neither an eligible place, nor a place to which subsection (c) applies,'; andCommentsClose CommentsPermalink





(2) by striking `not'.CommentsClose CommentsPermalink

SEC. 407. ESSENTIAL AIR SERVICE REFORM.

Section 41742(a) is amended--CommentsClose CommentsPermalink





(1) by adding at the end of paragraph (1) `Any amount in excess of $50,000,000 credited for any fiscal year to the account established under section 45303(c) shall be obligated for programs under section 406 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note) and section 41745 of this title. Amounts appropriated pursuant to this section shall remain available until expended.'; andCommentsClose CommentsPermalink





(2) by striking `$77,000,000' in paragraph (2) and inserting `$83,000,000'.CommentsClose CommentsPermalink

SEC. 408. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

(a) IN GENERAL- Section 47129 is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

`Sec. 47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees'

;CommentsClose CommentsPermalink

(2) by inserting `AND FOREIGN AIR CARRIER' in the subsectionafter `CARRIER' in the subsection caption for subsection (d);CommentsClose CommentsPermalink





(3) by inserting `AND FOREIGN AIR CARRIER' after `CARRIER' in the paragraph caption for subsection (d)(2);CommentsClose CommentsPermalink





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





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





(6) by striking `air carriers' each place it appears and inserting `air carriers or foreign air carriers'; andCommentsClose CommentsPermalink





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





(b) CONFORMING AMENDMENT- The chapter analysis for chapter 471 is amended by striking the item relating to section 47129 and inserting the following:CommentsClose CommentsPermalink





`47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees.'.CommentsClose CommentsPermalink

SEC. 409. SMALL COMMUNITY AIR SERVICE.

(a) PRIORITIES- Section 41743(c)(5) is amended--CommentsClose CommentsPermalink





(1) by striking `and' after the semicolon in subparagraph (D);CommentsClose CommentsPermalink





(2) by striking `fashion.' in subparagraph (E) and inserting `fashion; and'; andCommentsClose CommentsPermalink





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





`(F) multiple communities cooperate to submit a region 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. 410. CONTRACT TOWER PROGRAM.

(a) COST-BENEFIT REQUIREMENT- Section 47124(b)(1) is amended--CommentsClose CommentsPermalink





(1) by inserting `(A)' after `(1)'; andCommentsClose CommentsPermalink





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





`(B) If the Secretary determines that a tower already operating under this program 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) 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) of this section.'.CommentsClose CommentsPermalink





(b) FUNDING- Subparagraph (E) of section 47124(b)(3) is amended--CommentsClose CommentsPermalink





(1) by striking `and' after `2006,'; andCommentsClose CommentsPermalink





(2) 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,'; andCommentsClose CommentsPermalink





(3) by inserting after `paragraph.' the following: `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 (b)(1) of this section.'.CommentsClose CommentsPermalink





(c) FEDERAL SHARE- Subparagraph (C) of section 47124(b)(4) is amended by striking `$1,500,000.' and inserting `$2,000,000.'.CommentsClose CommentsPermalink





(d) SAFETY AUDITS- Section 41724 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 in accordance with the Administration's safety management system.'.CommentsClose CommentsPermalink

SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

(a) FINDINGS- The 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

TITLE V--AVIATION SAFETY

SEC. 501. RUNWAY INCURSION REDUCTION.

Not later than December 31, 2008, the Administrator of the Federal Aviation Administration shall issue a plan to develop an installation and deployment schedule for systems the Administration is installing to alert controllers and flight crews to potential runway incursions. The plan shall be integrated into the annual Federal Aviation Administration operational evolution plan.CommentsClose CommentsPermalink

SEC. 502. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT.

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

SEC. 503. 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 substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. 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. 504. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND SUPPLEMENTAL TYPE CERTIFICATES.

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





`(5) RELEASE OF DATA-CommentsClose CommentsPermalink





`(A) Notwithstanding any other provision of law, the Administrator may designate, without the consent of the owner of record, engineering data in the agency's possession related to a type certificate or a supplemental type certificate for an aircraft, engine, propeller or appliance as public data, and therefore releasable, upon request, to a person seeking to maintain the airworthiness of such product, if the Administrator determines that--CommentsClose CommentsPermalink





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





`(ii) the owner of record, or the owner of record's heir, of the type certificate or supplemental certificate has not been located despite a search of due diligence by the agency; andCommentsClose CommentsPermalink





`(iii) the designation of such data as public data will enhance aviation safety.CommentsClose CommentsPermalink





`(B) In this section, the term `engineering data' means type design drawings and specifications for the entire product or change to the product, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular aeronautical product certificate.'.CommentsClose CommentsPermalink

SEC. 505. DESIGN ORGANIZATION CERTIFICATES.

Section 44704(e) is amended--CommentsClose CommentsPermalink





(1) by striking `Beginning 7 years after the date of enactment of this subsection,' in paragraph (1) and inserting `Effective January 1, 2013,';CommentsClose CommentsPermalink





(2) by striking `testing' in paragraph (2) and inserting `production'; andCommentsClose CommentsPermalink





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





`(3) ISSUANCE OF CERTIFICATE BASED ON DESIGN ORGANIZATION CERTIFICATION- The Administrator may rely on the Design Organization for certification of compliance under this section.'.CommentsClose CommentsPermalink

SEC. 506. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR DATABASE SYSTEMS.

(a) IN GENERAL- Chapter 401 is amended by adding at the end thereof 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) Notwithstanding section 534 of title 28 and the implementing regulations for such section (28 C.F.R. part 20), the Administrator of the Federal Aviation Administration is authorized to 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 its civil and administrative responsibilities 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 [Struck out->]Security[<-Struck out] Security, and other law enforcement agencies. The Administrator shall be subject to the same conditions or procedures established by the Department of Justice or State for access to such an information system by other governmental agencies with access to the system.CommentsClose CommentsPermalink





`(2) The Administrator may not use the access authorized under paragraph (1) to conduct criminal investigations.CommentsClose CommentsPermalink





`(b) DESIGNATED EMPLOYEES- The Administrator shall, by order, designate those employees of the Administration who shall carry out the authority described in subsection (a). Such 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 of any jurisdiction in 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, or 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 databases, systems [Struck out->]systems[<-Struck out] systems, or communications containing information concerning identification, criminal history, arrests, convictions, arrest warrants, or 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) CONFORMING AMENDMENT- The chapter analysis for chapter 401 is amended by inserting after the item relating to section 40129 the following:CommentsClose CommentsPermalink





`Sec. 40130. FAA access to criminal history records or databases systems.'.CommentsClose CommentsPermalink

SEC. 507. FLIGHT CREW FATIGUE.

(a) IN GENERAL- Within 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 fatigue, sleep, and circadian rhythms;CommentsClose CommentsPermalink





(2) sleep and rest requirements recommended by the National Transportation Safety Board; andCommentsClose CommentsPermalink





(3) international standards.CommentsClose CommentsPermalink





(c) REPORT- Within 18 months after initiating the study, the National Academy shall submit a report to the Administrator containing its findings and recommendations, including recommendations with respect to Federal Aviation Regulations governing flight limitation and rest requirements.CommentsClose CommentsPermalink





(d) RULEMAKING- After the Administrator receives the National Academy's report, the Federal Aviation Administration shall consider the findings of the National Academy in its rulemaking proceeding on flight time limitations and rest requirements.CommentsClose CommentsPermalink





(e) IMPLEMENTATION OF FLIGHT ATTENDANT FATIGUE STUDY RECOMMENDATIONS- Within 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a process to carry out the recommendations of the CAMI study on flight attendant fatigue.CommentsClose CommentsPermalink

SEC. 508. INCREASING SAFETY FOR HELICOPTER EMERGENCY MEDICAL SERVICE OPERATORS.

(a) Compliance With 14 CFR Part 135 Regulations- No later than 18 months after the date of enactment of this Act, all helicopter emergency medical service operators shall comply with the regulations in part 135 of title 14, Code of Federal Regulations whenever there is a medical crew on board, without regard to whether there are patients on board the helicopter.CommentsClose CommentsPermalink





(b) IMPLEMENTATION OF FLIGHT RISK EVALUATION PROGRAM- Within 60 days after the date of enactment of this Act, the Federal Aviation Administration shall initiate, and complete within 18 months, a rulemaking--CommentsClose CommentsPermalink





(1) to create a standardized checklist of risk evaluation factors based on its Notice 8000.301, issued in August, 2005; andCommentsClose CommentsPermalink





(2) to require helicopter emergency medical service operators to use the checklist to determine whether a mission should be accepted.CommentsClose CommentsPermalink





(c) COMPREHENSIVE CONSISTENT FLIGHT DISPATCH PROCEDURES- Within 60 days after the date of enactment of this Act, the Federal Aviation Administration shall initiate, and complete within 18 months, a rulemaking--CommentsClose CommentsPermalink





(1) to create standardized flight dispatch procedures for helicopter emergency medical service operators based on the regulations in part 121 of title 14, Code of Federal Regulations; andCommentsClose CommentsPermalink





(2) to require such operators to use those procedures for flights.CommentsClose CommentsPermalink





(d) IMPROVING SITUATIONAL AWARENESS- Any helicopter used for helicopter emergency medical service operations that is ordered, purchased, or otherwise obtained after the date of enactment of this Act shall have on board an operational terrain awareness and warning system that meets the technical specifications of section 135.154 of the Federal Aviation Regulations (14 C.F.R. 135.154).CommentsClose CommentsPermalink





(e) Improving the Data Available to NTSB Investigators at Crash Sites-CommentsClose CommentsPermalink





(1) STUDY- Within 1 year after the date of enactment of this Act, the Federal Aviation Administration shall complete a feasibility study of requiring flight data and cockpit voice recorders on new and existing helicopters used for emergency medical service operations. The study shall address, at a minimum, issues related to survivability, weight, and financial considerations of such a requirement.CommentsClose CommentsPermalink





(2) RULEMAKING- Within 2 years after the date of enactment of this Act, the Federal Aviation Administration shall complete a rulemaking to require flight data and cockpit voice recorders on board such helicopters.CommentsClose CommentsPermalink

SEC. 509. CABIN CREW COMMUNICATION REQUIREMENTS.

(a) IN GENERAL- Section 44728 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following:CommentsClose CommentsPermalink





`(f) Minimum English Language Skills-CommentsClose CommentsPermalink





`(1) IN GENERAL- No certificate holder may use any person to serve, nor may any person serve, as a flight attendant under this part, unless that person has the ability (1) [Struck out->](1)[<-Struck out] to read, speak, and write English well enough to--CommentsClose CommentsPermalink





`(A) read material written in English and comprehend the information;CommentsClose CommentsPermalink





`(B) speak and understand English sufficiently to provide direction to, and understand and answer questions from, English-speaking individuals;CommentsClose CommentsPermalink





`(C) write incident reports and statements and log entries and statements; andCommentsClose CommentsPermalink





`(D) carry out written and oral instructions regarding the proper performance of their duties.CommentsClose CommentsPermalink





`(2) FOREIGN FLIGHTS- The requirements of paragraph (1) do not apply to service as a flight attendant on a flight operated by a certificate holder solely between points outside the United States.'.CommentsClose CommentsPermalink





(b) ADMINISTRATION- The Administrator of the Federal Aviation Administration shall work with certificate holders to which section 44728(f) of title 49, United States Code, applies to facilitate compliance with the requirements of section 44728(f)(1) of that title.CommentsClose CommentsPermalink

TITLE VI--AVIATION RESEARCH

SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

(a) IN GENERAL- Section 44511(f) is amended--CommentsClose CommentsPermalink





(1) by striking `establish a 4-year pilot' in paragraph (1) and inserting `maintain an'; andCommentsClose CommentsPermalink





(2) by inserting `pilot' in paragraph (4) before `program' the first time it appears; andCommentsClose CommentsPermalink





(3) by striking `program, including recommendations as to the need for establishing a permanent airport cooperative research program.' in paragraph (4) and inserting `program.'.CommentsClose CommentsPermalink





(b) AIRPORT COOPERATIVE RESEARCH PROGRAM- Not more than $15,000,000 per year for fiscal years 2008, 2009, 2010, and 2011 may be appropriated to the Secretary of Transportation from the amounts made available each year under subsection (a) for the Airport Cooperative Research Program under section 44511 of this title, of which not less than $5,000,000 per year shall be for research activities related to the airport environment, including reduction of community exposure to civil aircraft noise, reduction of civil aviation emissions, or addressing water quality issues. CommentsClose CommentsPermalink

SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY CONSUMPTION FROM CIVILIAN AIRCRAFT.

(a) ESTABLISHMENT OF RESEARCH PROGRAM- From amounts made available under section 48102(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration shall establish a research program related to reducing civilian aircraft source noise and emissions through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation of educational and research institutions or private sector entities that have existing facilities and experience for developing and testing noise, emissions and energy reduction engine and aircraft technology, and developing alternative fuels.CommentsClose CommentsPermalink





(b) ESTABLISHING A CONSORTIUM- Within 6 months after the date of enactment of this Act, the Administrator shall designate, using a competitive process, an institution, entity, or consortium described in subsection (a) as a Consortium for Aviation Noise, Emissions, and Energy Technology Research to perform research in accordance with this section. The Consortium shall conduct the research program in coordination with the National Aeronautics and Space Administration and other relevant agencies.CommentsClose CommentsPermalink





(c) PERFORMANCE OBJECTIVES- By January 1, 2015, the research program shall accomplish the following objectives:CommentsClose CommentsPermalink





(1) Certifiable aircraft technology that increases aircraft fuel efficiency by 25 percent relative to 1997 subsonic aircraft technology.CommentsClose CommentsPermalink





(2) 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) Certifiable aircraft technology that reduces noise levels by 10 dB (30 dB cumulative) relative to 1997 subsonic jet aircraft technology.CommentsClose CommentsPermalink





(4) Determination of the feasibility of use of alternative fuels in aircraft systems, including successful demonstration and quantification of benefits.CommentsClose CommentsPermalink





(5) Determination of the extent to which new engine and aircraft technologies may be used to retrofit or re-engine aircraft so as to increase the level of penetration into the commercial fleet.CommentsClose CommentsPermalink

SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN AIRCRAFT.

(a) ESTABLISHMENT OF RESEARCH PROGRAM- From 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 clean coal through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation by educational and research institutions that have existing facilities and experience in the development and deployment of technology that processes coal to aviation fuel.CommentsClose CommentsPermalink





(b) DESIGNATION OF INSTITUTE [Struck out->]INSTITUTE[<-Struck out] INSTITUTION AS A CENTER OF EXCELLENCE- Within 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 [Struck out->]Coal to Jet Fuel[<-Struck out] Coal-to-Jet-Fuel Research.CommentsClose CommentsPermalink

SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.

(a) Establishment- There is established an advisory committee to be know as the `Advisory Committee on the Future of Aeronautics'.CommentsClose CommentsPermalink





(b) Membership- The Advisory Committee shall consist of 7 members appointed by the President from a list of 15 candidates proposed by the Director of the National Academy of Sciences.CommentsClose CommentsPermalink





(c) CHAIRPERSON- The Advisory Committee members shall elect 1 member to serve as chairperson of the Advisory Committee.CommentsClose CommentsPermalink





(d) FUNCTIONS- The Advisory Committee shall examine the best governmental and organizational structures for the conduct of civil aeronautics research and development, including options and recommendations for consolidating such research to ensure continued United States leadership in civil aeronautics. The Committee shall consider transferring responsibility for civil aeronautics research and development from the National Aeronautics and Space Administration to other existing departments or agencies of the Federal government or to a non-governmental organization such as academic consortia or not-for-profit organizations. In developing its recommendations, the Advisory Committee shall consider, as appropriate, the aeronautics research policies developed pursuant to section 101(d) of Public Law 109-155 and the requirements and priorities for aeronautics research established by title IV of Public Law 109-155.CommentsClose CommentsPermalink





(e) REPORT- Not later than 12 months after the date on which the full membership of the Advisory Committee is appointed, the Advisory Committee shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committees on Science and Technology and on Transportation and Infrastructure on its findings and recommendations. The report may recommend a rank ordered list of acceptable solutions.CommentsClose CommentsPermalink





(f) TERMINATION- The Advisory Committee shall terminate 60 days after the date on which it submits the report to the Congress.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

SEC. 701. GENERAL AUTHORITY.

(a) GENERAL AUTHORITY- Paragraph (1) of section 44302(e), as redesignated by subsection (a)(1)(B), is amended by striking `December 31, 2006,' and inserting `December 31, 2008,'.(b) [Struck out->](b)[<-Struck out] (a) THIRD PARTY LIABILITY- Section 44303(b) is amended by striking `December 31, 2006,' and inserting `December 31, 2012,'.CommentsClose CommentsPermalink





(c) [Struck out->](c)[<-Struck out] (b) EXTENSION OF PROGRAM AUTHORITY- Section 44310 is amended by striking `March 30, 2008.' and inserting [Struck out->]`March 30, 2013.'.[<-Struck out] `October 1, 2017.'.CommentsClose CommentsPermalink

SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.

Within 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a Human Intervention Management Study program for cabin crews employed by commercial air carriers in the United States.CommentsClose CommentsPermalink

SEC. 703. AIRPORT PROGRAM MODIFICATIONS.

The Administrator of the Federal Aviation Administration--CommentsClose CommentsPermalink





(1) shall establish a formal, structured certification training program for the airport concessions disadvantaged business enterprise program; andCommentsClose CommentsPermalink





(2) may appoint 3 additional staff to implement the programs of the airport concessions disadvantaged business enterprise initiative.CommentsClose CommentsPermalink

SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.

(a) EXTENSION OF METROPOLITAN WASHINGTON AIRPORTS AUTHORITY- Section 49108 is amended by striking `2008,' and inserting `2011,'.CommentsClose CommentsPermalink





(b) MARSHALL ISLANDS, FEDERATED STATES OF MICRONESIA, AND PALAU- Section 47115(j) is amended by striking `2007,' and inserting `2011,'.CommentsClose CommentsPermalink





(c) MIDWAY ISLAND AIRPORT- Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (17 Stat. 2518) is amended by striking `October 1, 2007,' and inserting `October 1, 2011,'.CommentsClose CommentsPermalink

SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.

Section 47107(s) is amended by striking paragraph (3).CommentsClose CommentsPermalink

SEC. 706. MODIFICATION OF FAA'S AGE-60 STANDARD.

(a) In General- A pilot who has attained 60 years of age may serve as a pilot of an aircraft operated by an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, until attaining 65 years of age only if the pilot serves--CommentsClose CommentsPermalink





(1) as a required pilot in multi-crew aircraft operations; andCommentsClose CommentsPermalink





(2) with another pilot serving as a required pilot in such multi-crew aircraft operations who has not yet attained 60 years of age.CommentsClose CommentsPermalink





(b) Sunset of Age-60 Rule-CommentsClose CommentsPermalink





(1) IN GENERAL- On and after the effective date described in subsection (e), s [Struck out->]On and after the effective date described in subsection (e), section[<-Struck out] Section 121.383(c) of title 14, Code of Federal Regulations shall have no further force or effect.CommentsClose CommentsPermalink





(2) REGULATIONS- Not later than 30 days after the effective date described in subsection (e) [Struck out->]the effective date described in subsection (e),[<-Struck out] paragraph (1) takes effect, the Secretary of Transportation shall take such action as may be necessary to implement paragraph (1) and to modify the regulations relating to pilot privileges by reason of age.CommentsClose CommentsPermalink





(c) Applicability- The provisions of subsection (a) shall not provide a basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, that is made by a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) [Struck out->]the effective date described in subsection (e)[<-Struck out] this section takes effect and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier pursuant to section 121.383(c) of title 14, Code of Federal Regulations, as in effect on the day before the effective date described in subsection (e) [Struck out->]described in subsection (e).[<-Struck out] of this section.CommentsClose CommentsPermalink





(d) GAO Report After Modification of Age-60 Standard- Not later than 24 months after the effective date described in subsection (e), the Comptroller General of the United States shall report to the [Struck out->]Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives[<-Struck out] Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure concerning the effect on aviation safety, if any, of the modification of the age standard contained in subsection (a).CommentsClose CommentsPermalink





(e) Effective Date- This section shall take effect on the date that is [Struck out->]on the date that is[<-Struck out] 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 707. UPDATE ON OVERFLIGHTS.

Section 45301(b) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Limitations-CommentsClose CommentsPermalink





`(1) IN GENERAL- In establishing fees under subsection (a), the Administrator shall ensure that the fees required by subsection (a) 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 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 is 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 shall seek and consider the recommendations offered by the Aviation Rulemaking Committee for Overflight Fees that 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. In addition, the Administrator may periodically modify the fees established under this section either on the Administrator's own initiative or on a recommendation from the Air Traffic Control Modernization Board.CommentsClose CommentsPermalink





`(3) COST DATA- The adjustment of overflight fees under paragraph (2) shall be based on the costs to the Administration of providing the air traffic control and related activities, services, facilities, and equipment using the available data derived from the Administration's cost accounting system and cost allocation system to users, as well as budget and operational data.CommentsClose CommentsPermalink





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





`(5) ADMINISTRATIVE PROVISIONS- Section 485 [Struck out->]48515(c)[<-Struck out] 48115(c) shall apply to the imposition and collection of overflight fees established under this section. For the purpose of applying that section to such fees, any reference in section 48515(c) to `surcharge' or `surcharges' is deemed to refer to `overflight fee' or `overflight fees', respectively.CommentsClose CommentsPermalink





`(6) COSTS DEFINED- In this subsection, the term `costs' means those costs associated with the operation, maintenance, debt service, and overhead expenses of the services provided and the facilities and equipment used in such services, including the projected costs for the period during which the services will be provided.CommentsClose CommentsPermalink





`(7) 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

SEC. 708. TECHNICAL CORRECTIONS.

Section 41022(g) is [Struck out->]41022(g)[<-Struck out] 40122(g), as amended by section 307 of this Act, is further amended--CommentsClose CommentsPermalink





(1) by striking `2302(b), relating to whistleblower protection,' in paragraph (2)(A) and inserting `2302,'; and(2) by adding at the end [Struck out->]and[<-Struck out]CommentsClose CommentsPermalink





(2) by striking `and' after the semicolon in paragraph (2)(H). CommentsClose CommentsPermalink





(3) by striking `Plan.' in paragraph (2)(I)(iii) and inserting `Plan; and'; CommentsClose CommentsPermalink





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





`(J) sections 6381 through 6387, relating to Family and Medical Leave.'; and CommentsClose CommentsPermalink





[Struck out->](2)[<-Struck out] (5) by adding at the end of paragraph (3) `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. 709. FAA TECHNICAL TRAINING AND STAFFING.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General shall conduct a study of the training of airway transportation systems specialists of the Federal Aviation Administration that includes--CommentsClose CommentsPermalink





(A) an analysis of the type of training provided to such specialists;CommentsClose CommentsPermalink





(B) an analysis of the type of training that such specialists need to be proficient in the maintenance of the latest technologies;CommentsClose CommentsPermalink





(C) actions that the Administration has undertaken to ensure that such specialists receive up-to-date training on such technologies;CommentsClose CommentsPermalink





(D) the amount and cost of training provided by vendors for such specialists;CommentsClose CommentsPermalink





(E) the amount and cost of training provided by the Administration after developing in-house training courses for such specialists;CommentsClose CommentsPermalink





(F) the amount and cost of travel required of such specialists in receiving training; andCommentsClose CommentsPermalink





(G) a recommendation regarding the most cost-effective approach to providing such training.CommentsClose CommentsPermalink





(2) REPORT- Within 1 year after the date of enactment of this Act, the Comptroller General shall transmit a report on the study containing the Comptroller General's findings and recommendations to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink





(b) Study by National Academy of Sciences- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall contract with 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 Federal Aviation Administration air traffic controllers and system specialists to ensure proper maintenance and certification of the National Airspace System. The National Academy of Sciences shall consult with the Exclusive Bargaining Representative certified undersection 7111 of title 5, United States Code, and the Administration (including the Civil Aeronautical Medical Institute) and examine data entailing human factors, traffic activity, and the technology at each facility. CommentsClose CommentsPermalink





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





(A) recommendations for objective staffing standards that maintain the safety of the National Airspace System; and CommentsClose CommentsPermalink





(B) the approximate length of time for developing such standards. CommentsClose CommentsPermalink





(3) REPORT- Not later than 24 months after executing a contract under subsection (a), the National Academy of Sciences shall transmit a report containing its findings and recommendations to the Congress. CommentsClose CommentsPermalink





[Struck out->](b)[<-Struck out] (c) SAFETY STAFFING MODEL- Within 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a staffing model for aviation safety inspectors. In developing the model, the Administrator shall consult with representatives of the aviation safety inspectors and other interested parties.CommentsClose CommentsPermalink