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S 1451 ISRSCommentsClose CommentsPermalink

To modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes.CommentsClose CommentsPermalink

July 14, 2009CommentsClose CommentsPermalink

Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. DORGAN, and Mr. DEMINT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the ‘FAA Air Transportation Modernization and Safety Improvement Act’. 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

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. Delineation of Next Generation Air Transportation System projects. 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. Government share of certain air project costs. CommentsClose CommentsPermalink





Sec. 208. Miscellaneous amendments. CommentsClose CommentsPermalink





Sec. 209. State block grant program. CommentsClose CommentsPermalink





Sec. 210. Airport funding of special studies or reviews. CommentsClose CommentsPermalink





Sec. 211. Grant eligibility for assessment of flight procedures. CommentsClose CommentsPermalink





Sec. 212. Safety-critical airports. CommentsClose CommentsPermalink





Sec. 213. Environmental mitigation demonstration pilot program. CommentsClose CommentsPermalink





Sec. 214. Allowable project costs for airport development program. CommentsClose CommentsPermalink





Sec. 215. Glycol recovery vehicles. CommentsClose CommentsPermalink





Sec. 216. Research improvement for aircraft. CommentsClose CommentsPermalink





Sec. 217. United States Territory minimum guarantee. CommentsClose CommentsPermalink





Sec. 218. Merrill Field Airport, Anchorage, Alaska. CommentsClose CommentsPermalink

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

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





Sec. 302. NextGen management. 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 implementation 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. FAA personnel management system. CommentsClose CommentsPermalink





Sec. 314. Acceleration of NextGen technologies. CommentsClose CommentsPermalink





Sec. 315. ADS-B development and implementation. CommentsClose CommentsPermalink





Sec. 316. Equipage incentives. CommentsClose CommentsPermalink





Sec. 317. Performance metrics. CommentsClose CommentsPermalink





Sec. 318. Certification standards and resources. CommentsClose CommentsPermalink





Sec. 319. Unmanned aerial systems. CommentsClose CommentsPermalink





Sec. 320. Surface Systems Program Office. CommentsClose CommentsPermalink





Sec. 321. Stakeholder coordination. CommentsClose CommentsPermalink





Sec. 322. FAA task force on air traffic control facility conditions. CommentsClose CommentsPermalink





Sec. 323. State ADS-B equipage bank pilot program. CommentsClose CommentsPermalink





Sec. 324. Implementation of Inspector General ATC recommendations. CommentsClose CommentsPermalink





Sec. 325. Definitions. CommentsClose CommentsPermalink

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

SUBTITLE A--CONSUMER PROTECTION

Sec. 401. Airline customer service commitment. CommentsClose CommentsPermalink





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





Sec. 403. Expansion of DOT airline consumer complaint investigations. CommentsClose CommentsPermalink





Sec. 404. Establishment of advisory committee for aviation consumer protection. CommentsClose CommentsPermalink





Sec. 405. Disclosure of passenger fees. CommentsClose CommentsPermalink

SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

Sec. 411. EAS connectivity program. CommentsClose CommentsPermalink





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





Sec. 413. EAS contract guidelines. CommentsClose CommentsPermalink





Sec. 414. Conversion of former EAS airports. CommentsClose CommentsPermalink





Sec. 415. EAS reform. CommentsClose CommentsPermalink





Sec. 416. Small community air service. CommentsClose CommentsPermalink





Sec. 417. EAS marketing. CommentsClose CommentsPermalink





Sec. 418. Rural aviation improvement. CommentsClose CommentsPermalink

SUBTITLE C--MISCELLANEOUS

Sec. 431. Clarification of air carrier fee disputes. CommentsClose CommentsPermalink





Sec. 432. Contract tower program. CommentsClose CommentsPermalink





Sec. 433. Airfares for members of the Armed Forces. CommentsClose CommentsPermalink

TITLE V--SAFETY

SUBTITLE A--AVIATION SAFETY

Sec. 501. Runway safety equipment plan. CommentsClose CommentsPermalink





Sec. 502. Judicial review of denial of airman certificates. CommentsClose CommentsPermalink





Sec. 503. Release of data relating to abandoned type certificates and supplemental type certificates. CommentsClose CommentsPermalink





Sec. 504. Design organization certificates. CommentsClose CommentsPermalink





Sec. 505. FAA access to criminal history records or database systems. CommentsClose CommentsPermalink





Sec. 506. Flight crew fatigue. CommentsClose CommentsPermalink





Sec. 507. Increasing safety for helicopter and fixed wing emergency medical service operators and patients. CommentsClose CommentsPermalink





Sec. 508. Cabin crew communication. CommentsClose CommentsPermalink





Sec. 509. Clarification of memorandum of understanding with OSHA. CommentsClose CommentsPermalink





Sec. 510. Acceleration of development and implementation of required navigation performance approach procedures. CommentsClose CommentsPermalink





Sec. 511. Improved safety information. CommentsClose CommentsPermalink





Sec. 512. Voluntary disclosure reporting process improvements. CommentsClose CommentsPermalink





Sec. 513. Procedural improvements for inspections. CommentsClose CommentsPermalink





Sec. 514. Independent review of safety issues. CommentsClose CommentsPermalink





Sec. 515. National review team. CommentsClose CommentsPermalink





Sec. 516. FAA Academy improvements. CommentsClose CommentsPermalink





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





Sec. 518. Aviation safety whistleblower investigation office. CommentsClose CommentsPermalink





Sec. 519. Modification of customer service initiative. CommentsClose CommentsPermalink





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





Sec. 521. Inspection of foreign repair stations. CommentsClose CommentsPermalink





Sec. 522. Non-certificated maintenance providers. CommentsClose CommentsPermalink

SUBTITLE B--FLIGHT SAFETY

Sec. 551. Pilot applicant employment records. CommentsClose CommentsPermalink





Sec. 552. Air carrier safety management systems. CommentsClose CommentsPermalink





Sec. 553. Implementation of NTSB recommendations. CommentsClose CommentsPermalink





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





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





Sec. 556. Safety inspections of regional air carriers. CommentsClose CommentsPermalink





Sec. 557. Establishment of safety standards with respect to the training, hiring, and operation of aircraft by pilots. CommentsClose CommentsPermalink





Sec. 558. Oversight of pilot training schools. CommentsClose CommentsPermalink





Sec. 559. Enhanced training for flight attendants and gate agents. CommentsClose CommentsPermalink





Sec. 560. Definitions. 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 alternative fuel technology for civilian aircraft. CommentsClose CommentsPermalink





Sec. 604. Production of clean coal fuel technology for civilian aircraft. CommentsClose CommentsPermalink





Sec. 6045. Advisory committee on future of aeronautics. CommentsClose CommentsPermalink





Sec. 6056. Research program to improve airfield pavements. CommentsClose CommentsPermalink





Sec. 6067. Wake turbulence, volcanic ash, and weather research. CommentsClose CommentsPermalink





Sec. 6078. Incorporation of unmanned aerial systems into FAA ircraft systems into FAA plans and policies. CommentsClose CommentsPermalink





Sec. 6089. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraft. CommentsClose CommentsPermalink





Sec. 60910. Pilot program for zero emission airport vehicles. CommentsClose CommentsPermalink





Sec. 6101. Reduction of emissions from airport power sources. CommentsClose CommentsPermalink





Sec. 6112. Siting of windfarms near FAA navigational aides and other assets. CommentsClose CommentsPermalink





Sec. 613. Research and development for equipment to clean and monitor the engine and APU bleed air supplied on pressurized 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. Update on overflights. CommentsClose CommentsPermalink





Sec. 707. Technical corrections. CommentsClose CommentsPermalink





Sec. 708. FAA technical training and staffing. CommentsClose CommentsPermalink





Sec. 709. Commercial air tour operators in national parks. CommentsClose CommentsPermalink





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





Sec. 711. Weight restrictions at Teterboro Airport. CommentsClose CommentsPermalink





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





Sec. 713. Transporting musical instruments. CommentsClose CommentsPermalink





Sec. 714. Recycling plans for airports. CommentsClose CommentsPermalink





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





Sec. 716. Front line manager staffing. CommentsClose CommentsPermalink





Sec. 717. Study of helicopter and fixed wing air ambulance services. CommentsClose CommentsPermalink





Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Authority. CommentsClose CommentsPermalink





Sec. 719. Study of aeronautical mobile telemetry. 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 CommentsClose CommentsPermalink

SEC. 101. OPERATIONS.

(a) IN GENERAL- Section 106(k)(1) is amended by striking subparagraphs (A) through (DE) and inserting the following: CommentsClose CommentsPermalink





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





‘(B) $9,620,000,000 for fiscal year 2011.’. CommentsClose CommentsPermalink

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a) is amended by striking paragraphs (1) through (45) and inserting the following: CommentsClose CommentsPermalink





‘(1) $3,500,000,000 for fiscal year 2010, of which $500,000,000 is derived from the Air Traffic Control System Modernization Account of the Airport and Airways Trust Fund; and CommentsClose CommentsPermalink





‘(2) $3,600,000,000 for fiscal year 2011, of which $500,000,000 is derived from the Air Traffic Control System Modernization Account of the Airport and Airways Trust Fund.’. 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) $200,000,000 for fiscal year 2010. CommentsClose CommentsPermalink





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





(2) by striking subsections (c) through (h); and CommentsClose 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; or CommentsClose 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 (46) and inserting the following: CommentsClose CommentsPermalink





‘(1) $4,000,000,000 for fiscal year 2010; and CommentsClose CommentsPermalink





‘(2) $4,100,000,000 for fiscal year 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,’; and CommentsClose CommentsPermalink





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

SEC. 106. 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’; and CommentsClose 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 System and do not have as a primary purpose to operate or maintain the current 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

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





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





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





(b) CONFORMING AMENDMENT- The table of contents 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 CommentsClose CommentsPermalink

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; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose 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; or CommentsClose 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’; and CommentsClose 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; and CommentsClose 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 table of contents 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.’; and CommentsClose 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); and CommentsClose 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)’; and CommentsClose CommentsPermalink





(B) by striking ‘date that is 3 years after the date of issuance of regulations to carry out this subsectionOctober 1, 2009.’ in paragraph (7) and inserting ‘the date of issuance of regulations to carry out subsection (c) of this section, as amended by the FAA Air Transportation Modernization and Safety Improvement Act.’. CommentsClose CommentsPermalink





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

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

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





(b) GAO Study of Alternative Means of Collecting PFCs- CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General shall conduct a study of alternative means of collection passenger facility charges imposed undersection 40117 of title 49, United States Code, that would permit such charges to be collected without being included in the ticket price. In the study, the Comptroller General shall consider, at a minimum-- CommentsClose CommentsPermalink





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





(B) cost sharing or fee allocation methods based on passenger travel to address connecting traffic; and CommentsClose CommentsPermalink





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





(2) REPORT- No later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure containing the Comptroller General’s findings, conclusions, and recommendations. 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)(B)(iii) and inserting ‘reinvested in another project at the airport or transferred to another airport as the Secretary prescribes.’; and CommentsClose 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 section 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; and CommentsClose 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.

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





(1) by striking ‘subsection (b) or subsection (c)’ in subsection (a) and inserting ‘subsection (b), (c), or (e)’; and CommentsClose 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 95 percent for 2 fiscal years following such change in hub status.’. CommentsClose CommentsPermalink





(b) TRANSITIONING AIRPORTS- Section 47114(f)(3)(B) is amended by striking ‘year 2004.’ and inserting ‘years 2010 and 2011.’. 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; and CommentsClose CommentsPermalink





‘(3) the Secretary determines that the change is beyond the control of the airport sponsor.’; CommentsClose CommentsPermalink





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





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





‘(i) BIRD-DETECTING RADAR SYSTEMS- Within 180 days after the date of enactment of the FAA Air Transportation Modernization and Safety Improvement Act, the Administrator shall analyze the conclusions of ongoing studies of various types of commercially-available bird radar systems, based upon that analysis, if the Administrator determines such systems have no negative impact on existing navigational aids and that the expenditure of such funds is appropriate, the Administrator shall allow the purchase of bird-detecting radar systems as an allowable airport development project costs subject to subsection (b). If a determination is made that such radar systems will not improve or negatively impact airport safety, the Administrator shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on why that determination was made.’. 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’; and CommentsClose 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; and CommentsClose 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. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.

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

SEC. 208. 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 inserting ‘and’ after the semicolon in subsection (b)(1); CommentsClose CommentsPermalink





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





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





(78) 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.’; CommentsClose CommentsPermalink





and(3) by striking ‘veterans and’ in paragraph (2) and inserting ‘veterans, Afghanistan-Iraq war veterans, and’; and CommentsClose CommentsPermalink





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





‘(3) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that a preference be given to the use of small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans.’. CommentsClose CommentsPermalink





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





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





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

(4) by striking ‘47103(3)(F), in subsection (b); and

(5) by striking ‘47102(3)(K) or 47102(3)(L)’; and CommentsClose CommentsPermalink




(3) by striking ‘40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L), or 47140,’ in subsection (b) and inserting ‘40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),’. 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, Future Airport Capacity Task Report, or other comparable FAA report.’; and CommentsClose 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) 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.’; and CommentsClose CommentsPermalink





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





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





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





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





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





‘(iv) the airport received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) and the Secretary determines that the 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





and(4 (4) in subparagraph (G)-- CommentsClose CommentsPermalink





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





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





(C) 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





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





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





‘(H) Special rule for fiscal years 2010 and 2011- Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar years 2008 or 2009, or both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in fiscal years 2010 or 2011 to the sponsor of such an airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.’. CommentsClose CommentsPermalink





(j) Mobile Refueler Parking Construction- 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





(k) Discretionary Fund- 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

SEC. 209. 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 approve, license, or permit a proposed action by a participating State shall coordinate and consult with the State. The agency shall utilize the environmental analysis prepared by the State, provided it is adequate, or supplement that analysis as necessary to meet applicable Federal requirements.’; and CommentsClose 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. 210. 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. 211. 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. 212. 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’; and CommentsClose 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. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM.

(a) PILOT PROGRAM- Subchapter I of chapter 471 is amended by adding at the end thereof the following: CommentsClose CommentsPermalink

‘Sec. 47143. Environmental mitigation demonstration pilot program

‘(a) IN GENERAL- The Secretary of Transportation shall carry out a pilot program involving not more than 6 projects at public-use airports under which the Secretary may make grants to sponsors of such airports from funds apportioned under paragraph 47117(e)(1)(A) for use at such airports for environmental mitigation demonstration projects that will measurably reduce or mitigate aviation impacts on noise, air quality or water quality in the vicinity of the airport. Notwithstanding any other provision of this subchapter, an environmental mitigation demonstration project approved under this section shall be treated as eligible for assistance under this subchapter. CommentsClose CommentsPermalink





‘(b) PARTICIPATION IN PILOT PROGRAM- A public-use airport shall be eligible for participation in the pilot. CommentsClose CommentsPermalink





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





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





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





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





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





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





‘(g) DEFINITIONS- In this section: CommentsClose CommentsPermalink





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





‘(A) Businesses operating in the United States. CommentsClose CommentsPermalink





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





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





‘(D) Federal laboratories. CommentsClose CommentsPermalink





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





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





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





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





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





‘(ii) capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts.’. CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The table of contents for chapter 471 is amended by inserting after the item relating to section 47142 the following: CommentsClose CommentsPermalink





‘47143. Environmental mitigation demonstration pilot program.’. CommentsClose CommentsPermalink

SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT PROGRAM.

Section 47110(c) is amended-- CommentsClose CommentsPermalink





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





(2) by striking ‘project.’ in paragraph (2) and inserting ‘project; or’; and CommentsClose CommentsPermalink





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





‘(3) necessarily incurred in anticipation of severe weather.’. CommentsClose CommentsPermalink

SEC. 215. GLYCOL RECOVERY VEHICLES.

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

SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

Section 44504(b) is amended-- CommentsClose CommentsPermalink





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





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





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





‘(8) to conduct research to support programs designed to reduce gases and particulates emitted.’. CommentsClose CommentsPermalink

SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

Section 47114(e) is amended-- CommentsClose CommentsPermalink





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





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





‘(5) UNITED STATES TERRITORY MINIMUM GUARANTEE- In any fiscal year in which the total amount apportioned to airports in a United States Territory under subsections (c) and (d) is less than 1.5 percent of the total amount apportioned to all airports under those subsections, the Secretary may apportion to the local authority in any United States Territory responsible for airport development projects in that fiscal year an amount equal to the difference between 1.5 percent of the total amounts apportioned under subsections (c) and (d) in that fiscal year and the amount otherwise apportioned under those subsections to airports in a United States Territory in that fiscal year.’. CommentsClose CommentsPermalink

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

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





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

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM CommentsClose CommentsPermalink

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

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





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





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





‘(2) MEMBERSHIP- The Board shall be comprised of the individual appointed or designated under section 302 of the FAA Air Transportation Modernization and Safety Improvement Act (who shall serve ex officio without the right to vote) and 79 other members, who shall consist of-- CommentsClose CommentsPermalink





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





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





‘(C) 46 members representing aviation 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





‘(v) 1 representative from an aircraft manufacturer. CommentsClose CommentsPermalink





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





‘(vi) labor relations. CommentsClose CommentsPermalink





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





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





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





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





‘(iv) 1 shall be appointed for a term of 4 years. 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 procurements of air traffic control equipment in excess of $100,000,000; 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, including which programs are proposed to be funded from the Air Traffic control system Modernization Account of the Airport and Airway Trust Fund; CommentsClose CommentsPermalink





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





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





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





‘(ix) approve the selection of the head of the Joint Planning and 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- Except as provided in paragraph (3)(C), members of the Board appointed under paragraph (2)(B) and (2)(C) shall be appointed for a term of 4 years. 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; or CommentsClose 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 the member-- 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; and CommentsClose 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, 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 duly appointed 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. NEXTGEN MANAGEMENT.

(a) IN GENERAL- The Administrator shall appoint or designate an individual, as the Chief NextGen Officer, to be responsible for implementation of all Administration programs associated with the Next Generation Air Transportation System. CommentsClose CommentsPermalink





(b) SPECIFIC DUTIES- The individual appointed or designated under subsection (a) shall-- CommentsClose CommentsPermalink





(1) oversee the implementation of all Administration NextGen programs; CommentsClose CommentsPermalink





(2) coordinate implementation of those NextGen programs with the Office of Management and Budget; CommentsClose CommentsPermalink





(3) develop an annual NextGen implementation plan; CommentsClose CommentsPermalink





and(4 (4) ensure that Next Generation Air Transportation System implementation activities are planned in such a manner as to require that system architecture is designed to allow for the incorporation of novel and currently unknown technologies into the System in the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation; and CommentsClose CommentsPermalink





(5) oversee the Joint Planning and Development Office’s facilitation of cooperation among all Federal agencies whose operations and interests are affected by implementation of the NextGen programs. 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; and CommentsClose 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); and CommentsClose 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.’; and CommentsClose 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; and’; and CommentsClose 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 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 a Federal Aviation Administration executive; CommentsClose CommentsPermalink





‘(III) the term ‘career appointee’ means a Federal Aviation Administration career executive; and CommentsClose CommentsPermalink





‘(IV) the term ‘senior career employee’ means a 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; and CommentsClose 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, 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, in the Federal Register and allow 45 days for the submission of public comments to the Board. In addition, the Administrator upon request shall hold a public hearing in any community that would be affected by a recommendation in the report. CommentsClose CommentsPermalink





(c) STUDY BY BOARD- The Air Traffic Control Modernization Oversight Board established bysection 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 Administration to help reduce capital, operating, maintenance, and administrative costs with no adverse effect on safety. CommentsClose CommentsPermalink





(d) REVIEW AND RECOMMENDATIONS- CommentsClose CommentsPermalink





(1) 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





(2) 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





(3) The Administrator may not consolidate any additional approach control facilities into the Southern California TRACON, the Northern California TRACON, the Miami TRACON, or the Memphis TRACON until the Board’s recommendations are completed. CommentsClose CommentsPermalink





(e) REALIGNMENT DEFINED- In this section, the term ‘realignment’-- CommentsClose CommentsPermalink





(1) means a relocation or reorganization of functions, services, or personnel positions, including a facility closure, consolidation, deconsolidation, collocation, decombining, decoupling, split, or inter-facility or inter-regional reorganization that requires a reassignment of employees; but CommentsClose CommentsPermalink





(2) does not include a reduction in personnel resulting from workload adjustments. CommentsClose CommentsPermalink

SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM IMPLEMENTATION 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 ‘strategic and cross-agency’ after ‘manage’ in subsection (a)(1); CommentsClose CommentsPermalink





(2) by adding at the end of subsection (a)(1) ‘The office shall be headed by a Director, who shall report to the Chief NextGen Officer appointed or designated under section 302(a) of the FAA Air Transportation Modernization and Safety Improvement Act.’; CommentsClose CommentsPermalink





(3) by inserting ‘(A)’ after ‘(3)’ in subsection (a)(3); CommentsClose CommentsPermalink





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





‘(B) The Administrator, 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; CommentsClose CommentsPermalink





‘(ii) liaison and coordination with other Departments and agencies involved in Next Generation Air Transportation System activities; and CommentsClose CommentsPermalink





‘(iii) managing all Next Generation Air Transportation System programs 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; and CommentsClose 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 FAA Air Transportation Modernization and Safety Improvement Act, 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; and CommentsClose 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 commitments and be reflected in each Department or agency’s budget request.’; CommentsClose CommentsPermalink





(5) by striking ‘beyond those currently included in the Federal Aviation Administration’s Operational Evolution Poperational evolution plan’ in subsection (b); CommentsClose CommentsPermalink





(6) by striking ‘research and development roadmap’ in subsection (b)(3) and inserting ‘implementation plan’; CommentsClose CommentsPermalink





(7) by striking ‘and’ after the semicolon in subsection (b)(3)(B); CommentsClose CommentsPermalink





(8) 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





(9) by inserting ‘and key technologies’ after ‘concepts’ in subsection (b)(4); CommentsClose CommentsPermalink





(10) by striking ‘users’ in subsection (b)(4) and inserting ‘users, an implementation plan,’; CommentsClose CommentsPermalink





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





‘Within 6 months after the date of enactment of the FAA Air Transportation Modernization and Safety Improvement Act, the Administrator shall develop the implementation plan described in paragraph (3) of this subsection and shall update it annually thereafter.’; and CommentsClose CommentsPermalink





(12) 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, equipment,’; CommentsClose CommentsPermalink





(4) by striking ‘aircraft.’ in subparagraph (D) and inserting ‘aircraft; and’; and CommentsClose CommentsPermalink





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





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