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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Reported in Senate (RS)]

                                                       Calendar No. 329
110th CONGRESS
  1st Session
                                S. 1300

                          [Report No. 110-144]

To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2008 through 2011, 
 to improve aviation safety and capacity, to modernize the air traffic 
                control system, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2007

 Mr. Rockefeller  (for himself, Mr. Lott, Mr. Inouye, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             August 3, 2007

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2008 through 2011, 
 to improve aviation safety and capacity, to modernize the air traffic 
                control system, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Aviation 
Investment and Modernization Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
                 TITLE I--AUTHORIZATIONS AND FINANCING

Sec. 101. Operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Research and development.
Sec. 104. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 105. Other aviation programs.
Sec. 106. Air Traffic Modernization Fund.
Sec. 107. Funding for administrative expenses for airport programs.
                     TITLE II--AIRPORT IMPROVEMENTS

Sec. 201. Reform of passenger facility charge authority.
Sec. 202. Passenger facility charge pilot program.
Sec. 203. Amendments to grant assurances.
Sec. 204. Government share of project costs.
Sec. 205. Amendments to allowable costs.
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Pilot program for airport takeover of air navigation 
                            facilities.
Sec. 208. Government share of certain air project costs.
Sec. 209. Miscellaneous amendments.
Sec. 210. State block grant program.
Sec. 211. Airport funding of special studies or reviews.
Sec. 212. Grant eligibility for assessment of flight procedures.
Sec. 213. Safety-critical airports.
Sec. 214. Expanded passenger facility charge eligibility for noise 
                            compatibility projects.
Sec. 215. Environmental mitigation demonstration pilot program.
Sec. 216. Allowable project costs for airport development program.
                 TITLE III--FAA ORGANIZATION AND REFORM

Sec. 301. Air Traffic Control Modernization Oversight Board.
Sec. 302. ADS-B support pilot program.
Sec. 303. Facilitation of next generation air traffic services.
Sec. 304. Clarification of authority to enter into reimbursable 
                            agreements.
Sec. 305. Clarification to acquisition reform authority.
Sec. 306. Assistance to other aviation authorities.
Sec. 307. Presidential rank award program.
Sec. 308. Next generation facilities needs assessment.
Sec. 309. Next Generation Air Transportation System Planning Office.
Sec. 310. Definition of air navigation facility.
Sec. 311. Improved management of property inventory.
Sec. 312. Educational requirements.
Sec. 313. Federal Aviation Administration personnel management system.
Sec. 314. Rulemaking and report on ADS-B implementation.
 TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

Sec. 401. Airline contingency service requirements.
Sec. 402. Publication of customer service data and flight delay 
                            history.
Sec. 403. EAS connectivity program.
Sec. 404. Extension of final order establishing mileage adjustment 
                            eligibility.
Sec. 405. EAS contract guidelines.
Sec. 406. Conversion of former EAS airports.
Sec. 407. Essential air service reform.
Sec. 408. Clarification of air carrier fee disputes.
Sec. 409. Small community air service.
Sec. 410. Contract tower program.
Sec. 411. Airfares for members of the Armed Forces.
Sec. 412. Expansion of DOT airline consumer complaint investigations.
Sec. 413. EAS marketing.
Sec. 414. Extraperimetal and intraperimetal slots at Ronald Reagan 
                            Washington National Airport.
                        TITLE V--AVIATION SAFETY

Sec. 501. Runway incursion reduction.
Sec. 502. Aircraft fuel tank safety improvement.
Sec. 503. Judicial review of denial of airman certificates.
Sec. 504. Release of data relating to abandoned type certificates and 
                            supplemental type certificates.
Sec. 505. Design organization certificates.
Sec. 506. FAA access to criminal history records or database systems.
Sec. 507. Flight crew fatigue.
Sec. 508. Increasing safety for helicopter emergency medical service 
                            operators.
Sec. 509. Cabin crew communication requirements.
Sec. 510. Clarification of Memorandum of Understanding with OSHA.
Sec. 511. Acceleration of development and implementation of required 
                            navigation performance approach procedures.
                      TITLE VI--AVIATION RESEARCH

Sec. 601. Airport cooperative research program.
Sec. 602. Reduction of noise, emissions, and energy consumption from 
                            civilian aircraft.
Sec. 603. Production of clean coal fuel technology for civilian 
                            aircraft.
Sec. 604. Advisory committee on future of aeronautics.
Sec. 605. Research program to improve airfield pavements.
Sec. 606. Wake turbulence, volcanic ash, and weather research.
Sec. 607. Incorporation of unmanned aerial systems into FAA plans and 
                            policies.
Sec. 608. Reauthorization of center of excellence in applied research 
                            and training in the use of advanced 
                            materials in transport aircraft.
                        TITLE VII--MISCELLANEOUS

Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Modification of FAA's age-60 standard.
Sec. 707. Update on overflights.
Sec. 708. Technical corrections.
Sec. 709. FAA technical training and staffing.
Sec. 710. Commercial air tour operators in national parks.
Sec. 711. Phaseout of stage 1 and 2 aircraft.
Sec. 712. Weight restrictions at Teterboro Airport.
Sec. 713. Fair and equitable resolution of labor integration issues.
Sec. 714. Pilot program for redevelopment of airport properties.

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.

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.

                 TITLE I--AUTHORIZATIONS AND FINANCING

SEC. 101. OPERATIONS.

    Section 106(k)(1) is amended by striking subparagraphs (A) through 
(D) and inserting the following:
                    ``(A) $8,726,000,000 for fiscal year 2008;
                    ``(B) $8,978,000,000 for fiscal year 2009;
                    ``(C) $9,305,000,000 for fiscal year 2010; and
                    ``(D) $9,590,000,000 for fiscal year 2011.''.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    Section 48101(a) is amended by striking paragraphs (1) through (4) 
and inserting the following:
            ``(1) $2,572,000,000 for fiscal year 2008;
            ``(2) $2,923,000,000 for fiscal year 2009, of which 
        $412,000,000 is derived from the surcharge imposed under 
        section 48115;
            ``(3) $3,079,000,000 for fiscal year 2010, of which 
        $423,000,000 is derived from the surcharge imposed under 
        section 48115; and
            ``(4) $3,317,000,000 for fiscal year 2011, of which 
        $436,000,000 is derived from the surcharge imposed under 
        section 48115.''.

SEC. 103. RESEARCH AND DEVELOPMENT.

    Section 48102 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Not more than the following amounts may be 
appropriated to the Secretary of Transportation out of the Airport and 
Airway Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation 
research and development under sections 44504, 44505, 44507, 44509, and 
44511 through 44513 of this title:
            ``(1) $140,000,000 for fiscal year 2008.
            ``(2) $191,000,000 for fiscal year 2009.
            ``(3) $191,000,000 for fiscal year 2010.
            ``(4) $194,000,000 for fiscal year 2011.'';
            (2) by striking subsections (c) through (h); and
            (3) by adding at the end the following:
    ``(c) Research Grants Program Involving Undergraduate Students.--
The Administrator of the Federal Aviation Administration shall 
establish a program to utilize undergraduate and technical colleges, 
including Historically Black Colleges and Universities, Hispanic 
Serving Institutions, tribally controlled colleges and universities, 
and Alaska Native and Native Hawaiian serving institutions in research 
on subjects of relevance to the Federal Aviation Administration. Grants 
may be awarded under this subsection for--
            ``(1) research projects to be carried out at primarily 
        undergraduate institutions and technical colleges;
            ``(2) research projects that combine research at primarily 
        undergraduate institutions and technical colleges with other 
        research supported by the Federal Aviation Administration;
            ``(3) research on future training requirements on projected 
        changes in regulatory requirements for aircraft maintenance and 
        power plant licensees; or
            ``(4) research on the impact of new technologies and 
        procedures, particularly those related to aircraft flight deck 
        and air traffic management functions, and on training 
        requirements for pilots and air traffic controllers.''.

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

    Section 48103 is amended by striking paragraphs (1) through (4) and 
inserting the following:
            ``(1) $3,800,000,000 for fiscal year 2008;
            ``(2) $3,900,000,000 for fiscal year 2009;
            ``(3) $4,000,000,000 for fiscal year 2010; and
            ``(4) $4,100,000,000 for fiscal year <DELETED>2011.''; 
        </DELETED>2011.''.

SEC. 105. OTHER AVIATION PROGRAMS.

    Section 48114 is amended--
            (1) by striking ``2007'' in subsection (a)(1)(A) and 
        inserting ``2011'';
            (2) by striking ``2007,'' in subsection (a)(2) and 
        inserting ``2011,''; and
            (3) by striking ``2007'' in subsection (c)(2) and inserting 
        ``2011''.

SEC. 106. AIR TRAFFIC MODERNIZATION FUND.

    (a) In General.--Chapter 481 is amended by adding at the end the 
following:
``Sec. 48115. Modernization surcharge
    ``(a) In General.--
            ``(1) Not later than October 1, 2008, the Administrator of 
        the Federal Aviation Administration shall impose a surcharge of 
        $25 per flight for air traffic control costs. Except as 
        provided in subsection (b), owners or operators of aircraft in 
        the national airspace system shall pay the surcharges assessed 
        under this section.
            ``(2) Surcharge credited as offsetting collections.--Any 
        surcharge collected under this section shall, subject to 
        appropriation made in advance--
                    ``(A) be deposited in an Air Traffic Modernization 
                Fund which shall be established in the Treasury;
                    ``(B) be credited as offsetting collections to the 
                account established under section 48101 of this title; 
                and
                    ``(C) be available to the Administrator for 
                expenditure only to pay the costs of Next Generation 
                Air Transportation System projects listed in the 
                Capital Investment Plan required by section 44501 and 
                approved by the Air Traffic Control Modernization 
                Oversight Board.
            ``(3) Effect of law on surcharge collection.--The 
        Administrator may continue to assess and collect and spend 
        surcharges established under this section during any period in 
        which the agency's funding is provided under an Act providing 
        continuing appropriations in lieu of the agency's regular 
        appropriations. The Administrator may not assess or collect a 
        surcharge established under this section for any fiscal year 
        for which no annual appropriations Act is enacted that 
        appropriates at least the amount authorized by section 48101 
        for that fiscal year less the amount required by section 
        48116(c).
    ``(b) Exceptions.--
            ``(1) Military and <DELETED>other public </DELETED>certain 
        other aircraft.--A surcharge may not be assessed under this 
        section for military aircraft, public aircraft (as defined in 
        section 40102 of this subtitle), air ambulance aircraft, 
        agricultural aircraft, or <DELETED>to </DELETED>for military or 
        non-commercial civil aircraft of a foreign government.
            ``(2) <DELETED>General aviation exemptions 
        </DELETED>Exemption applicability.--A surcharge may not be 
        assessed under this section for--
                    ``(A) piston engined aircraft; or
                    ``(B) turboprop or turboshaft aircraft operating 
                outside of controlled airspace.
            ``(3) Flight plan information.--Any person required to file 
        a flight plan with the Administration, including operators of 
        flights described in paragraphs (1) and (2), shall specify in 
        the plan whether the person is engaged in an operation for 
        compensation or hire, <DELETED>or </DELETED>a general aviation 
        operation, or a military or public aircraft <DELETED>operation, 
        for </DELETED>operation for purposes of this section.
            ``(4) Canada to canada flights.--The Administrator may 
        waive a surcharge that would otherwise be assessed under this 
        chapter for flights that operate in United States-controlled 
        airspace but takeoff and land at an airport in Canada without 
        an intermediate stop outside Canada, if the Administrator 
        determines that not assessing and collecting the surcharge for 
        such flights would be in the public interest.
        <DELETED>    ``(5) Intrastate flights.--For the purpose of 
        applying this section to intrastate flights in a State that is 
        not contiguous with another State, a surcharge--</DELETED>
                <DELETED>    ``(A) may not be assessed for more than 2 
                intrastate departures for a continuing intrastate 
                flight; and</DELETED>
                <DELETED>    ``(B) may not be applied to a departure 
                from an airport for which basic essential air service 
                is provided under subchapter II of chapter 417 of this 
                title.</DELETED>
            ``(5) Intrastate flights.--For the purpose of applying this 
        section to intrastate flights in a State that is not contiguous 
        with another State, a surcharge may not be applied to any 
        flight that originates or terminates at an airport, or in 
        airspace, that is not controlled by a terminal radar approach 
        control facility or a Combined Center/Radar Approach Control 
        facility or to any flight that originates and terminates at an 
        airport, or in airspace, that is not controlled by a terminal 
        radar approach control facility or a Combined Center/Radar 
        Approach Control facility.
            ``(6) Training flights.--The Administrator may grant an 
        exemption from a surcharge imposed under this subsection to an 
        individual intending to conduct training flights. An individual 
        seeking such an exemption shall submit a request to the 
        Administrator in such form and manner as the Administrator may 
        require.
    ``(c) Administrative Provisions.--
            ``(1) Surcharges payable to the administrator.--Surcharges 
        assessed and amounts collected under this section are payable 
        to the Administrator. The Administrator may refund any 
        surcharge, or portion thereof, paid by mistake in excess of the 
        amount required. The Administrator may enter into agreements 
        with other Federal agencies to collect surcharges assessed 
        under this section on behalf of the Administration.
            ``(2) Collection procedures.--The Administrator shall 
        establish procedures for the collection of surcharges. These 
        procedures shall establish the frequency of payment, deadlines 
        for payment, a maximum amount of surcharges that may be 
        outstanding on the account of any person, and such other 
        limitations and conditions as the Administrator determines are 
        necessary to obtain prompt payment of surcharges.
            ``(3) Failure to pay required surcharges.--If the 
        Administrator determines that any person has failed to pay 
        surcharges when due under this section, or to comply with any 
        limitation or condition on payment under this section, or has 
        failed to provide the Administration with the correct 
        information in the person's flight plan or by other means 
        regarding the nature of the flight, including whether the 
        person engaged in an operation for compensation or hire or 
        general aviation operation, the Administrator may--
                    ``(A) assess interest charges, using a rate equal 
                to 150 percent of a rate determined by the Secretary 
                based on the average of bond equivalent yields on 13-
                week Treasury bills auctioned during the previous 
                calendar quarter, to be predetermined quarterly, on 
                amounts that have not been paid by the deadline;
                    ``(B) change the required payment schedule for such 
                person;
                    ``(C) offset any amount of surcharges owed by 
                withholding any payment otherwise owed or due to the 
                person by the Secretary or the Administrator; or
                    ``(D) impose a civil penalty for each day amounts 
                remain unpaid, or take other appropriate enforcement 
                action under this subtitle.
            ``(4) Action when future payment in jeopardy.--If the 
        Administrator reasonably determines that an aircraft owner or 
        operator will not pay its required surcharges when due, the 
        Administrator may change the required payment schedule for such 
        person.
    ``(d) Effect on Previous Provisions.--Unless otherwise specified, 
nothing in this section shall be construed as affecting fees previously 
authorized and established under chapter 453.
    ``(e) Administration of Surcharge.--The requirements applicable to 
developing and issuing rules under <DELETED>title 5, United States 
Code, </DELETED>subchapter II of chapter 5 of title 5 shall not apply 
to the actions of the Secretary or the Administrator under this 
section.
    ``(f) Definitions.--In this section:
            ``(1) Agricultural aircraft.--The term `agricultural 
        aircraft' means an aircraft used to make aerial applications 
        for agricultural, forestry, or public health purposes.
            ``<DELETED>(1) </DELETED>(2) Air ambulance aircraft.--The 
        term `air ambulance aircraft' means--
                    ``(A) rotorcraft which are engaged in an operation 
                to provide emergency medical services; or
                    ``(B) fixed-wing aircraft which are equipped for 
                and exclusively dedicated to providing acute care 
                medical services.
            ``<DELETED>(2) </DELETED>(3) Flight.--The term `flight' 
        means a takeoff and landing by an aircraft.
``Sec. 48116. Leveraged financing for next generation air traffic 
              control system
    ``(a) In General.--
            ``(1) In order to support the transition to the Next 
        Generation Air Transportation System, in fiscal years 2009 
        through 2025 the Secretary of Transportation is authorized to 
        issue obligations to finance capital investments in the 
        facilities and equipment account of the air traffic control 
        system to be owned and operated by the Federal Aviation 
        Administration.
            ``(2) The Secretary shall not issue any obligations under 
        paragraph (1) without first obtaining approval by the Director 
        of the Office of Management and Budget of the issuance of such 
        obligations and proposed investments to be financed.
    ``(b) Conditions and Limit on Indebtedness.--Obligations issued 
under this section shall be in such forms and denominations, bear such 
maturities, and shall be subject to such terms and conditions as may be 
prescribed by the Secretary. The aggregate amount of all such 
obligations shall not exceed $5,000,000,000.
    ``(c) Repayment.--The Secretary of Transportation shall use 
revenues derived from the surcharges authorized by section 48115 in the 
amounts required to repay such obligations with interest, and such 
payments shall have first priority in the use of surcharges collected 
during this period. Beginning in 2009, any surcharges required to repay 
obligations shall be collected notwithstanding section 48115(a)(3). 
These amounts shall not be treated as discretionary offsetting 
collections, but shall be treated as offsetting receipts and shall only 
be used to repay the obligations incurred under paragraph (1).
    ``(d) Interest Rate.--The interest rate on obligations issued under 
this section shall be a rate determined by the Secretary, taking into 
consideration the current market yields on outstanding marketable 
obligations of the United States of comparable maturity, plus a 
surcharge, determined by the Secretary, to be sufficient to cover any 
potential losses and the administrative costs associated with the 
obligations. Any surcharges for administrative costs collected by the 
Secretary shall be credited to the appropriation account which incurred 
the cost.
    ``(e) Purchase of Obligations.--For the purposes of purchasing 
obligations under subsection (a), the Secretary may use as a public 
debt transaction the proceeds from the sale of any securities issued 
under chapter 31 of title 31, United States Code, and the purposes for 
which securities may be issued under such chapter are extended to 
include any purchase of such obligations under this subsection.''.
    (b) Delineation of Next Generation Air Transportation System 
Projects.--Section 44501(b) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (3);
            (2) by striking ``defense.'' in paragraph (4) and inserting 
        ``defense; and''; and
            (3) by adding at the end thereof the following:
            ``(5) a list of projects that are part of the Next 
        Generation Air Transportation <DELETED>System.''. 
        </DELETED>System and do not have as a primary purpose to 
        operate or maintain the current air traffic control system.''.
    (c) Conforming Amendment.--The chapter analysis for chapter 481 is 
amended by inserting after the item relating to section 48114 the 
following:

``48115. Modernization surcharge.
``48116. Leveraged financing for next generation air traffic control 
                            system.''.

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

    (a) In General.--Section 48105 is amended to read as follows:
``Sec. 48105. Airport programs administrative expenses
    <DELETED>Of the amount newly made available, </DELETED>``Of the 
amount made available under section 48103 of this title, the following 
<DELETED>shall </DELETED>may be available for administrative expenses 
relating to the Airport Improvement Program, passenger facility charge 
approval and oversight, national airport system planning, airport 
standards development and enforcement, airport certification, airport-
related environmental activities (including legal services), and other 
airport-related activities (including airport technology research), to 
remain available until expended--
            ``(1) for fiscal year 2008, $80,676,000;
            ``(2) for fiscal year 2009, $85,000,000;
            ``(3) for fiscal year 2010, $89,000,000; and
            ``(4) for fiscal year 2011, $93,000,000.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 481 is 
amended by striking the item relating to section 48105 and inserting 
the following:

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

                     TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

    (a) Passenger Facility Charge Streamlining.--Section 40117(c) is 
amended to read as follows:
    ``(c) Procedural Requirements for Imposition of Passenger Facility 
Charge.--
            ``(1) In general.--An eligible agency must submit to those 
        air carriers and foreign air carriers operating at the airport 
        with a significant business interest, as defined in paragraph 
        (3), and to the Secretary and make available to the public 
        annually a report, in the form required by the Secretary, on 
        the status of the eligible agency's passenger facility charge 
        program, including--
                    ``(A) the total amount of program revenue held by 
                the agency at the beginning of the 12 months covered by 
                the report;
                    ``(B) the total amount of program revenue collected 
                by the agency during the period covered by the report;
                    ``(C) the amount of expenditures with program 
                revenue made by the agency on each eligible airport-
                related project during the period covered by the 
                report;
                    ``(D) each airport-related project for which the 
                agency plans to collect and use program revenue during 
                the next 12-month period covered by the report, 
                including the amount of revenue projected to be used 
                for such project;
                    ``(E) the level of program revenue the agency plans 
                to collect during the next 12-month period covered by 
                the report;
                    ``(F) a description of the notice and consultation 
                process with air carriers and foreign air carriers 
                under paragraph (3), and with the public under 
                paragraph (4), including a copy of any adverse comments 
                received and how the agency responded; and
                    ``(G) any other information on the program that the 
                Secretary may require.
            ``(2) Implementation.--Subject to the requirements of 
        paragraphs (3), (4), (5), and (6), the eligible agency may 
        implement the planned collection and use of passenger facility 
        charges in accordance with its report upon filing the report as 
        required in paragraph (1).
            ``(3) Consultation with carriers for new projects.--
                    ``(A) An eligible agency proposing to collect or 
                use passenger facility charge revenue for a project not 
                previously approved by the Secretary or not included in 
                a report required by paragraph (1) that was submitted 
                in a prior year shall provide to air carriers and 
                foreign air carriers operating at the airport 
                reasonable notice, and an opportunity to comment on the 
                planned collection and use of program revenue before 
                providing the report required under paragraph (1). The 
                Secretary shall prescribe by regulation what 
                constitutes reasonable notice under this paragraph, 
                which shall at a minimum include--
                            ``(i) that the eligible agency provide to 
                        air carriers and foreign air carriers operating 
                        at the airport written notice of the planned 
                        collection and use of passenger facility charge 
                        revenue;
                            ``(ii) that the notice include a full 
                        description and justification for a proposed 
                        project;
                            ``(iii) that the notice include a detailed 
                        financial plan for the proposed project; and
                            ``(iv) that the notice include the proposed 
                        level for the passenger facility charge.
                    ``(B) An eligible agency providing notice and an 
                opportunity for comment shall be deemed to have 
                satisfied the requirements of this paragraph if the 
                eligible agency provides such notice to air carriers 
                and foreign air carriers that have a significant 
                business interest at the airport. For purposes of this 
                subparagraph, the term `significant business interest' 
                means an air carrier or foreign air carrier that--
                            ``(i) had not less than 1.0 percent of 
                        passenger boardings at the airport in the prior 
                        calendar year;
                            ``(ii) had at least 25,000 passenger 
                        boardings at the airport in the prior calendar 
                        year; or
                            ``(iii) provides scheduled service at the 
                        airport.
                    ``(C) Not later than 45 days after written notice 
                is provided under subparagraph (A), each air carrier 
                and foreign air carrier may provide written comments to 
                the eligible agency indicating its agreement or 
                disagreement with the project or, if applicable, the 
                proposed level for a passenger facility charge.
                    ``(D) The eligible agency may include, as part of 
                the notice and comment process, a consultation meeting 
                to discuss the proposed project or, if applicable, the 
                proposed level for a passenger facility charge. If the 
                agency provides a consultation meeting, the written 
                comments specified in subparagraph (C) shall be due not 
                later than 30 days after the meeting.
            ``(4) Public notice and comment.--
                    ``(A) An eligible agency proposing to collect or 
                use passenger facility charge revenue for a project not 
                previously approved by the Secretary or not included in 
                a report required by paragraph (1) that was filed in a 
                prior year shall provide reasonable notice and an 
                opportunity for public comment on the planned 
                collection and use of program revenue before providing 
                the report required in paragraph (1).
                    ``(B) The Secretary shall prescribe by regulation 
                what constitutes reasonable notice under this 
                paragraph, which shall at a minimum require--
                            ``(i) that the eligible agency provide 
                        public notice of intent to collect a passenger 
                        facility charge so as to inform those 
                        interested persons and agencies that may be 
                        affected;
                            ``(ii) appropriate methods of publication, 
                        which may include notice in local newspapers of 
                        general circulation or other local media, or 
                        posting of the notice on the agency's Internet 
                        website; and
                            ``(iii) submission of public comments no 
                        later than 45 days after the date of the 
                        publication of the notice.
            ``(5) Objections.--
                    ``(A) Any interested person may file with the 
                Secretary a written objection to a proposed project 
                included in a notice under this paragraph provided that 
                the filing is made within 30 days after submission of 
                the report specified in paragraph (1).
                    ``(B) The Secretary shall provide not less than 30 
                days for the eligible agency to respond to any filed 
                objection.
                    ``(C) Not later than 90 days after receiving the 
                eligible agency's response to a filed objection, the 
                Secretary shall make a determination whether or not to 
                terminate authority to collect the passenger facility 
                charge for the project, based on the filed objection. 
                The Secretary shall state the reasons for any 
                determination. The Secretary may only terminate 
                authority if--
                            ``(i) the project is not an eligible 
                        airport related project;
                            ``(ii) the eligible agency has not complied 
                        with the requirements of this section or the 
                        Secretary's implementing regulations in 
                        proposing the project;
                            ``(iii) the eligible agency has been found 
                        to be in violation of section 47107(b) of this 
                        title and has failed to take corrective action, 
                        prior to the filing of the objection; or
                            ``(iv) in the case of a proposed increase 
                        in the passenger facility charge level, the 
                        level is not authorized by this section.
                    ``(D) Upon issuance of a decision terminating 
                authority, the public agency shall prepare an 
                accounting of passenger facility revenue collected 
                under the terminated authority and restore the funds 
                for use on other authorized projects.
                    ``(E) Except as provided in subparagraph (C), the 
                eligible agency may implement the planned collection 
                and use of a passenger facility charge in accordance 
                with its report upon filing the report as specified in 
                paragraph (1)(A).
            ``(6) Approval requirement for increased passenger facility 
        charge or intermodal ground access project.--
                    ``(A) An eligible agency may not collect or use a 
                passenger facility charge to finance an intermodal 
                ground access project, or increase a passenger facility 
                charge, unless the project is first approved by the 
                Secretary in accordance with this paragraph.
                    ``(B) The eligible agency may submit to the 
                Secretary an application for authority to impose a 
                passenger facility charge for an intermodal ground 
                access project or to increase a passenger facility 
                charge. The application shall contain information and 
                be in the form that the Secretary may require by 
                regulation but, at a minimum, must include copies of 
                any comments received by the agency during the comment 
                period described by subparagraph (C).
                    ``(C) Before submitting an application under this 
                paragraph, an eligible agency must provide air carriers 
                and foreign air carriers operating at the airport, and 
                the public, reasonable notice of and an opportunity to 
                comment on a proposed intermodal ground access project 
                or the increased passenger facility charge. Such notice 
                and opportunity to comment shall conform to the 
                requirements of paragraphs (3) and (4).
                    ``(D) After receiving an application, the Secretary 
                may provide air carriers, foreign air carriers and 
                other interested persons notice and an opportunity to 
                comment on the application. The Secretary shall make a 
                final decision on the application not later than 120 
                days after receiving it.''.
    (b) Conforming Amendments.--
            (1) References.--
                    (A) Section 40117(a) is amended--
                            (i) by striking ``fee'' in the heading for 
                        paragraph (5) and inserting ``charge''; and
                            (ii) by striking ``fee'' each place it 
                        appears in paragraphs (5) and (6) and inserting 
                        ``charge''.
                    (B) Subsections (b), and subsections (d) through 
                (m), of section 40117 are amended--
                            (i) by striking ``fee'' or ``fees'' each 
                        place either appears and inserting ``charge'' 
                        or ``charges'', respectively; and
                            (ii) by striking ``Fee'' in the subsection 
                        caption for subsection (l), and ``Fees'' in the 
                        subsection captions for subsections (e) and 
                        (m), and inserting ``Charge'' and ``Charges'', 
                        respectively.
                    (C) The caption for section 40117 is amended to 
                read as follows:
``Sec. 40117. Passenger facility charges''.
                    (D) The chapter analysis for chapter 401 is amended 
                by striking the item relating to section 40117 and 
                inserting the following:

``40117. Passenger facility charges.''.
            (2) Limitations on approving applications.--Section 
        40117(d) is amended--
                    (A) by striking ``subsection (c) of this section to 
                finance a specific'' and inserting ``subsection (c)(6) 
                of this section to finance an intermodal ground 
                access'';
                    (B) by striking ``specific'' in paragraph (1);
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) the project is an eligible airport-related project; 
        and'';
                    (D) by striking ``each of the specific projects; 
                and'' in paragraph (3) and inserting ``the project.''; 
                and
                    (E) by striking paragraph (4).
            (3) Limitations on imposing charges.--Section 40117(e)(1) 
        is amended to read as follows: ``(1) An eligible agency may 
        impose a passenger facility charge only subject to terms the 
        Secretary may prescribe to carry out the objectives of this 
        section.''.
            (4) Limitations on contracts, leases, and use agreements.--
        Section 40117(f)(2) is amended by striking ``long-term''.
            (5) Compliance.--Section 40117(h) is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) The Secretary may, on complaint of an interested 
        person or on the Secretary's own initiative, conduct an 
        investigation into an eligible agency's collection and use of 
        passenger facility charge revenue to determine whether a 
        passenger facility charge is excessive or that passenger 
        facility revenue is not being used as provided in this section. 
        The Secretary shall prescribe regulations establishing 
        procedures for complaints and investigations. The regulations 
        may provide for the issuance of a final agency decision without 
        resort to an oral evidentiary hearing. The Secretary shall not 
        accept complaints filed under this paragraph until after the 
        issuance of regulations establishing complaint procedures.''.
            (6) Pilot program for pfc at nonhub airports.--Section 
        40117(l) is amended--
                    (A) by striking ``(c)(2)'' in paragraph (2) and 
                inserting ``(c)(3)''; and
                    (B) by striking ``date that is 3 years after the 
                date of issuance of regulations to carry out this 
                subsection.'' in paragraph (7) and inserting ``date of 
                issuance of regulations to carry out subsection (c) of 
                this section, as amended by the Aviation Investment and 
                Modernization Act of 2007.''.
            (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.''.

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

    Section 40117 is amended by adding at the end thereof the 
following:
    ``(n) Alternative Passenger Facility Charge Collection Pilot 
Program.--
            ``(1) In general.--The Secretary shall establish and 
        conduct a pilot program at not more than 6 airports under which 
        an eligible agency may impose a passenger facility charge under 
        this section without regard to the dollar amount limitations 
        set forth in paragraph (1) or (4) of subsection (b) if the 
        participating eligible agency meets the requirements of 
        paragraph (2).
            ``(2) Collection requirements.--
                    ``(A) Direct collection.--An eligible agency 
                participating in the pilot program--
                            ``(i) may collect the charge from the 
                        passenger at the facility, via the Internet, or 
                        in any other reasonable manner; but
                            ``(ii) may not require or permit the charge 
                        to be collected by an air carrier or foreign 
                        air carrier for the flight segment.
                    ``(B) PFC collection requirement not to apply.--
                Subpart C of part 158 of title 14, Code of Federal 
                Regulations, does not apply to the collection of the 
                passenger facility charge imposed by an eligible agency 
                participating in the pilot program.''.

SEC. 203. AMENDMENTS TO GRANT ASSURANCES.

    Section 47107 is amended--
            (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;'';
            (2) by striking ``purpose;'' in subsection (c)(2)(A)(i) and 
        inserting ``purpose, which includes serving as noise buffer 
        land;'';
            (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
            (4) by redesignating paragraph (3) of subsection (c) as 
        paragraph (4) and inserting after paragraph (2) the following:
    ``(3) In approving the reinvestment or transfer of proceeds under 
paragraph (2)(C)(iii), the Secretary shall give preference, in 
descending order, to--
            ``(i) reinvestment in an approved noise compatibility 
        project;
            ``(ii) reinvestment in an approved project that is eligible 
        for funding under section 47117(e);
            ``(iii) reinvestment in an airport development project that 
        is eligible for funding under section <DELETED>47114, 47115 or 
        47117 </DELETED>47114, 47115, or 47117  and meets the 
        requirements of this chapter;
            ``(iv) transfer to the sponsor of another public airport to 
        be reinvested in an approved noise compatibility project at 
        such airport; and
            ``(v) payment to the Secretary for deposit in the Airport 
        and Airway Trust Fund established under section 9502 of the 
        Internal Revenue Code of 1986 (26 U.S.C. 9502).''.

SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.

    Section 47109 is amended--
            (1) by striking ``subsection (b) or subsection (c)'' in 
        subsection (a) and inserting ``subsection (b), (c), or (e)''; 
        and
            (2) by adding at the end the following:
    ``(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 <DELETED>90 
</DELETED>95 percent for 2 fiscal years following such change in hub 
status.''.

SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.

    Section 47110 is amended--
            (1) by striking subsection (d) and inserting the following:
    ``(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--
            ``(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);
            ``(2) the Secretary determines that the relocation or 
        replacement is required due to a change in the Secretary's 
        design standards; and
            ``(3) the Secretary determines that the change is beyond 
        the control of the airport sponsor.''; and
            (2) by striking ``facilities, including fuel farms and 
        hangars,'' in subsection (h) and inserting ``facilities, as 
        defined by section 47102,''.

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

    Section 47133(b) is amended--
            (1) by resetting the text of the subsection as an indented 
        paragraph 2 ems from the left margin;
            (2) by inserting ``(1)'' before ``Subsection''; and
            (3) by adding at the end thereof the following:
            ``(2) In the case of a privately owned airport, subsection 
        (a) shall not apply to the proceeds from the sale of the 
        airport to a public sponsor if--
                    ``(A) the sale is approved by the Secretary;
                    ``(B) funding is provided under this title for the 
                public sponsor's acquisition; and
                    ``(C) an amount equal to the remaining unamortized 
                portion of the original grant, amortized over a 20-year 
                period, is repaid to the Secretary by the private owner 
                for deposit in the Trust Fund for airport acquisitions.
            ``(3) This subsection shall apply to grants issued on or 
        after October 1, 1996.''.

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

    (a) In General.--Chapter 445 is amended by adding at the end the 
following new section:
``Sec. 44518. Pilot program for airport takeover of terminal area air 
              navigation equipment
    ``(a) In General.--Subject to the requirements of this section, the 
Administrator of the Federal Aviation Administrator may carry out a 
pilot program under which the Administrator may transfer 
<DELETED>ownership, operating and maintenance </DELETED>ownership, 
operating, and maintenance responsibilities for airport terminal area 
air navigation equipment to sponsors of not more than 10 airports.
    ``(b) Terms and Conditions of Transfer for Airport Sponsors.--As a 
condition of participating in this pilot program the sponsor shall 
agree that the sponsor will--
            ``(1) operate and maintain all of the air navigation 
        equipment that is subject to this section at the airport in 
        accordance with standards established by the Administrator;
            ``(2) permit the Administrator or a person designated by 
        the Administrator to conduct inspections of the air navigation 
        equipment under a schedule established by the Administrator; 
        and
            ``(3) acquire and maintain new air navigation equipment as 
        needed to replace facilities that have to be replaced at the 
        end of their useful life or to meet new standards established 
        by the Administrator.
    ``(c) Terms and Conditions of Transfer for the Administrator.--When 
the Administrator approves a sponsor's participation in this pilot 
program, the Administrator shall--
            ``(1) transfer, at no cost to the sponsor, the title and 
        ownership of the air navigation equipment facilities approved 
        for transfer under this program; and
            ``(2) transfer, at no cost to the sponsor, the government's 
        property interest in the land on which the air navigation 
        facilities transferred under paragraph (1) are located.
    ``(d) Treatment of Airport Costs Under Pilot Program.--Upon 
transfer by the Administrator, any costs incurred by the airport for 
ownership and maintenance of the equipment transferred under this 
section shall be considered a cost of providing airfield facilities and 
services under standards and guidelines issued by the Secretary under 
section 47129(b)(2) and may be recovered in rates and charges assessed 
for use of the airfield.
    ``(e) Definitions.--In this section:
            ``(1) Sponsor.--The term `sponsor' has the meaning given 
        that term in section 40102.
            ``(2) Terminal area air navigation equipment.--The term 
        `terminal area air navigation equipment' means an air 
        navigation facility under section 40102, other than buildings 
        used for air traffic control functions, that exists to provide 
        approach and landing guidance to aircraft.
    ``(f) Guidelines.--The Administrator shall issue advisory 
guidelines on the implementation of the program. The guidelines shall 
not be subject to administrative rulemaking requirements under 
subchapter II of chapter 5 of title 5.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 445 is 
amended by inserting after the item relating to section 44517 the 
following:

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

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

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

SEC. 209. MISCELLANEOUS AMENDMENTS.

    (a) Technical Changes to National Plan of Integrated Airport 
Systems.--Section 47103 is amended--
            (1) by striking ``each airport to--'' in subsection (a) and 
        inserting ``the airport system to--'';
            (2) by striking ``system in the particular area;'' in 
        subsection (a)(1) and inserting ``system, including connection 
        to the surface transportation network; and'';
            (3) by striking ``aeronautics; and'' in subsection (a)(2) 
        and inserting ``aeronautics.'';
            (4) by striking subsection (a)(3);
            (5) by striking paragraph (2) of subsection (b) and 
        redesignating paragraph (3) as paragraph (2);
            (6) by striking ``operations, Short Takeoff and Landing/
        Very Short Takeoff and Landing aircraft operations,'' in 
        subsection (b)(2), as redesignated, and inserting 
        ``operations''; and
            (7) by striking ``status of the'' in subsection (d).
    (b) Update Veterans Preference Definition.--Section 47112(c) is 
amended--
            (1) by striking ``separated from'' in paragraph (1)(B) and 
        inserting ``discharged or released from active duty in'';
            (2) by adding at the end of paragraph (1) the following:
            ``(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.''; and
            (3) by striking ``veterans and'' in paragraph (2) and 
        inserting ``veterans, Afghanistan-Iraq war veterans, and''.
    (c) Annual Report.--Section 47131(a) is amended--
            (1) by striking ``April 1'' and inserting ``June 1''; and
        <DELETED>    (2) by revising paragraphs (1), (2), (3), and (4) 
        to read as follows:</DELETED>
            (2) by striking paragraphs (1) through (4) and inserting 
        the following:
            ``(1) a summary of airport development and planning 
        completed;
            ``(2) a summary of individual grants issued;
            ``(3) an accounting of discretionary and apportioned funds 
        allocated;
            ``(4) the allocation of appropriations; and''.
    (d) Sunset of Program.--Section 47137 is repealed effective 
September 30, 2008.
    (e) Correction to Emission Credits Provision.--Section 47139 is 
amended--
            (1) by striking ``47102(3)(F),'' in subsection (a);
            (2) by striking ``47102(3)(F),'' in subsection (b);
            (3) by striking ``47102(3)(L), or 47140'' in subsection (b) 
        and inserting ``or 47102(3)(L),'';
            (4) by striking ``47103(3)(F), in subsection (b);
            (5) by striking ``47102(3)(L), or 47140,'' in subsection 
        (b) and inserting ``or 47102(3)(L),''.
    (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),''.
    (g) Airport Capacity Benchmark Reports; Definition of Joint Use 
Airport.--Section 47175 is amended--
            (1) by striking ``Airport Capacity Benchmark Report 2001.'' 
        in paragraph (2) and inserting ``2001 and 2004 Airport Capacity 
        Benchmark Reports or of the most recent Benchmark report.''; 
        and
            (2) by adding at the end thereof the following:
            ``(7) Joint use airport.--The term `joint use airport' 
        means an airport owned by the United States Department of 
        Defense, at which both military and civilian aircraft make 
        shared use of the airfield.''.
    (h) Cargo Airports.--Section 47114(c)(2)(A) is amended by striking 
``3.5 percent'' and inserting ``4.0 percent''.
    (i) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is 
amended--
            (1) by striking ``35 percent'' in the first sentence and 
        inserting ``$300,000,000'';
            (2) by striking ``and'' after ``47141,'';
            (3) by striking ``et seq.).'' and inserting ``et seq.), and 
        for water quality mitigation projects to comply with the Act of 
        June 30, 1948 (33 U.S.C. 1251 et seq.) approved in an 
        environmental record of decision for an airport development 
        project under this title.''; and
            (4) by striking ``such 35 percent requirement is'' in the 
        second sentence and inserting ``the requirements of the 
        preceding sentence are''.
    (j) Use of Apportioned Amounts.--An amount apportioned under 
section 47114 of title 49, United States Code, or made available under 
section 47115 of that title, to the sponsor of a reliever airport the 
crosswind runway of which was closed as a result of a Record of 
Decision dated September 3, 2004, shall be available for project costs 
associated with the establishment of a new crosswind runway.
    (k) Use of Previous Fiscal Year's Apportionment.--Section 
47114(c)(1) is amended--
            (1) by striking ``airport due to an employment action, 
        natural disaster, or other event unrelated to the demand for 
        air transportation at the affected airport.'' in 
        <DELETED>paragraph </DELETED>subparagraph (E)(iii) and 
        inserting ``airport--
                    ``(I) if it is included in the essential air 
                service program in the calendar year in which the 
                passenger boardings fall below 9,700;
                    ``(II) if at the airport the total passenger 
                boardings from large certificated air carriers (as 
                defined in part 241 of title 14, Code of Federal 
                Regulations) conducting scheduled plus nonscheduled 
                service totals 10,000 or more in the calendar year in 
                which the airport does not meet the criteria for a 
                primary airport under section 47102 of this title; or
                    ``(III) if the documented interruption to scheduled 
                service at the airport was equal to 4 percent of the 
                scheduled flights in calendar year 2006, exclusive of 
                cancellations due to severe weather conditions, and the 
                airport is served by a single air carrier.'';
            (2) by redesignating subparagraphs (F) and (G) as (G) and 
        (H), respectively, and inserting after subparagraph (E) the 
        following:
            ``(F) For fiscal years 2009 through 2012, with regard to an 
        airport that meets the criteria described in paragraph 
        (E)(iii), if the calendar year passenger boardings for the 
        calculation of apportionments under this section fall below 
        10,000 passenger boardings, the Secretary may use the passenger 
        boardings for the last fiscal year in which passenger boardings 
        exceeded 10,000 for calculating apportionments.''.
    (l) Section 47102(3) is amended by adding at the end the following:
                    ``(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.''.
    (m) Section 47115(g)(1) is amended by striking ``of--'' and all 
that follows and inserting ``of $520,000,000.The amount credited is 
exclusive of amounts that have been apportioned in a prior fiscal year 
under section 47114 of this title and that remain available for 
obligation.''.
    (n) Section 47114(c) is amended by adding at the end thereof the 
following:
            ``(3) Airports served by large certificated carriers.--
                    ``(A) Apportionment.--The Secretary shall apportion 
                to the sponsor of an airport that received scheduled 
                air service from a large certificated air carrier (as 
                defined in part 241 of title 14, Code of Federal 
                Regulations) an amount equal to the minimum 
                apportionment specified in paragraph (1) of this 
                subsection.
                    ``(B) Limitation.--The apportionment under 
                subparagraph (A) shall be made available to an airport 
                sponsor only if--
                            ``(i) the large certificated air carrier 
                        began scheduled air service at the airport in 
                        May 2006 and ceased scheduled air service at 
                        the airport in October 2006; and
                            ``(ii) the Secretary determines that the 
                        airport had more than 10,000 passenger 
                        boardings in the preceding calendar year, based 
                        on data submitted to the Secretary under part 
                        241 of title 14, Code of Federal 
                        Regulations.''.
    (o) Subparagraph (H) of section 47114(c)(1), as redesignated by 
subsection (k)(2) of this section, is amended--
            (1) by striking ``fiscal year 2006'' in the subparagraph 
        heading and inserting ``fiscal years 2008 through 2011.--'';
            (2) by striking ``fiscal year 2006'' and inserting ``each 
        of fiscal years 2008 through 2011''; and
            (3) by striking clause (i) and inserting the following:
                            ``(i) the average annual passenger 
                        boardings at the airport for calendar years 
                        2004 through 2006 were below 10,000 per 
                        year;''; and
            (4) by striking ``2000 or 2001;'' in clause (ii) and 
        inserting ``2003''.

SEC. 210. STATE BLOCK GRANT PROGRAM.

    Section 47128 is amended--
            (1) by striking ``regulations'' each place it appears in 
        subsection (a) and inserting ``guidance'';
            (2) by striking ``grant;'' in subsection (b)(4) and 
        inserting ``grant, including Federal environmental requirements 
        or an agreed upon equivalent;'';
            (3) by redesignating subsection (c) as subsection (d) and 
        inserting after subsection (b) the following:
    ``(c) Project Analysis and Coordination Requirements.--Any Federal 
agency that must <DELETED>approve, license or permit </DELETED>approve, 
license, or permit a proposed action by a participating State shall 
coordinate and consult with the State. The agency shall utilize the 
environmental analysis prepared by the State, provided it is adequate, 
or supplement that analysis as necessary to meet applicable Federal 
requirements.''; and
            (4) by adding at the end the following:
    ``(e) Pilot Program.--The Secretary shall establish a pilot program 
for up to 3 States that do not participate in the program established 
under subsection (a) that is consistent with the program under 
subsection (a).''.

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

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

SEC. 212. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.

    Section 47504 is amended by adding at the end the following:
    ``(e) Grants for Assessment of Flight Procedures.--
            ``(1) The Secretary is authorized in accordance with 
        subsection (c)(1) to make a grant to an airport operator to 
        assist in completing environmental review and assessment 
        activities for proposals to implement flight procedures that 
        have been approved for airport noise compatibility planning 
        purposes under subsection (b).
            ``(2) The Administrator of the Federal Aviation 
        Administration may accept funds from an airport sponsor, 
        including funds provided to the sponsor under paragraph (1), to 
        hire additional staff or obtain the services of consultants in 
        order to facilitate the timely processing, review and 
        completion of environmental activities associated with 
        proposals to implement flight procedures submitted and approved 
        for airport noise compatibility planning purposes in accordance 
        with this section. Funds received under this authority shall 
        not be subject to the procedures applicable to the receipt of 
        gifts by the Administrator.''.

SEC. 213. SAFETY-CRITICAL AIRPORTS.

    Section 47118(c) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by striking ``delays.'' in paragraph (2) and inserting 
        ``delays; or''; and
            (3) by adding at the end the following:
            ``(3) be critical to the safety of commercial, military, or 
        general aviation in trans-oceanic flights.''.

SEC. 214. EXPANDED PASSENGER FACILITY CHARGE ELIGIBILITY FOR NOISE 
              COMPATIBILITY PROJECTS.

    Section 40117(b) is amended by adding at the end the following:
            ``(7) Noise mitigation for certain schools.--
                    ``(A) In general.--In addition to the uses 
                specified in paragraphs (1), (4), and (6), the 
                Secretary may authorize a passenger facility charge 
                imposed under paragraph (1) or (4) at a large hub 
                airport that is the subject of an amended judgment and 
                final order in condemnation filed on January 7, 1980, 
                by the Superior Court of the State of California for 
                the county of Los Angeles, to be used for a project to 
                carry out noise mitigation for a building, or for the 
                replacement of a relocatable building with a permanent 
                building, in the noise impacted area surrounding the 
                airport at which such building is used primarily for 
                educational purposes, notwithstanding the air easement 
                granted or any terms to the contrary in such judgment 
                and final order, if--
                            ``(i) the Secretary determines that the 
                        building is adversely affected by airport 
                        noise;
                            ``(ii) the building is owned or chartered 
                        by the school district that was the plaintiff 
                        in case number 986,442 or 986,446, which was 
                        resolved by such judgment and final order;
                            ``(iii) the project is for a school 
                        identified in 1 of the settlement agreements 
                        effective February 16, 2005, between the 
                        airport and each of the school districts;
                            ``(iv) in the case of a project to replace 
                        a relocatable building with a permanent 
                        building, the eligible project costs are 
                        limited to the actual structural construction 
                        costs necessary to mitigate aircraft noise in 
                        instructional classrooms to an interior noise 
                        level meeting current standards of the Federal 
                        Aviation Administration; and
                            ``(v) the project otherwise meets the 
                        requirements of this section for authorization 
                        of a passenger facility charge.
                    ``(B) Eligible project costs.--In subparagraph 
                (A)(iv), the term `eligible project costs' means the 
                difference between the cost of standard school 
                construction and the cost of construction necessary to 
                mitigate classroom noise to the standards of the 
                Federal Aviation Administration.''.

SEC. 215. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM.

    (a) Pilot Program.--Subchapter I of chapter 471 is amended by 
adding at the end thereof the following:
``Sec. 47143. Environmental mitigation demonstration pilot program
    ``(a) In General.--The Secretary of Transportation shall carry out 
a pilot program involving not more than 6 projects at public-use 
airports under which the Secretary may make grants to sponsors of such 
airports from funds apportioned under paragraph 47117(e)(1)(A) for use 
at such airports for environmental mitigation demonstration projects 
that will measurably reduce or mitigate aviation impacts on noise, air 
quality or water quality in the vicinity of the airport. 
Notwithstanding any other provision of this subchapter, an 
environmental mitigation demonstration project approved under this 
section shall be treated as eligible for assistance under this 
subchapter.
    ``(b) Participation in Pilot Program.--A public-use airport shall 
be eligible for participation in the pilot.
    ``(c) Selection Criteria.--In selecting from among applicants for 
participation in the pilot program, the Secretary may give priority 
consideration to environmental mitigation demonstration projects that--
            ``(1) will achieve the greatest reductions in aircraft 
        noise, airport emissions, or airport water quality impacts 
        either on an absolute basis, or on a per-dollar-of-funds 
        expended basis; and
            ``(2) will be implemented by an eligible consortium.
    ``(d) Federal Share.--Notwithstanding any other provision of this 
subchapter, the United States Government's share of the costs of a 
project carried out under this section shall be 50 percent.
    ``(e) Maximum Amount.--Not more than $2,500,000 may be made 
available by the Secretary in grants under this section for any single 
project.
    ``(f) Identifying Best Practices.--The Administrator may develop 
and publish information identifying best practices for reducing or 
mitigating aviation impacts on noise, air quality, or water quality in 
the vicinity of airports, based on the projects carried out under the 
pilot program.
    ``(g) Definitions.--In this section:
            ``(1) Eligible consortium.--The term `eligible consortium' 
        means a consortium that comprises 2 or more of the following 
        entities:
                    ``(A) Businesses incorporated in the United States.
                    ``(B) Public or private educational or research 
                organizations located in the United States.
                    ``(C) Entities of State or local governments in the 
                United States.
                    ``(D) Federal laboratories.
            ``(2) Environmental mitigation demonstration project.--The 
        term `environmental mitigation demonstration project' means a 
        project that--
                    ``(A) introduces new conceptual environmental 
                mitigation techniques or technology with associated 
                benefits, which have already been proven in laboratory 
                demonstrations;
                    ``(B) proposes methods for efficient adaptation or 
                integration of new concepts to airport operations; and
                    ``(C) will demonstrate whether new techniques or 
                technology for environmental mitigation identified in 
                research are--
                            ``(i) practical to implement at or near 
                        multiple public use airports; and
                            ``(ii) capable of reducing noise, airport 
                        emissions, or water quality impacts in 
                        measurably significant amounts.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 471 is 
amended by inserting after the item relating to section 47142 the 
following:

``47143. Environmental mitigation demonstration pilot program.''.

SEC. 216. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT PROGRAM.

    Section 47110(c) of title 49, United States Code, is amended--
            (1) by striking ``; or'' in paragraph (1) and inserting a 
        semicolon;
            (2) by striking ``project.'' in paragraph (2) and inserting 
        ``project; or''; and
            (3) by adding at the end the following:
            ``(3) necessarily incurred in anticipation of severe 
        weather.''.

                 TITLE III--FAA ORGANIZATION AND REFORM

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

<DELETED>    Section 106 is amended by striking subsection (p) and 
inserting in lieu thereof the following:</DELETED>
    Section 106(p) is amended to read as follows:
    ``(p) Air Traffic Control Modernization Oversight Board.--
            ``(1) Establishment.--The Secretary shall establish an 
        advisory Board which shall be known as the Air Traffic Control 
        Modernization Oversight Board.
            ``(2) Membership.--The Board shall be comprised of 7 
        members, who shall consist of--
                    ``(A) the Administrator of the Federal Aviation 
                Administration and a representative from the Department 
                of Defense;
                    ``(B) 1 member who shall have a fiduciary 
                responsibility to represent the public interest; and
                    ``(C) 4 members representing aviation 
                <DELETED>interests: </DELETED>interests, as follows:
                            ``(i) 1 representative that is the chief 
                        executive officer of an airport.
                            ``(ii) 1 representative that is the chief 
                        executive officer of a passenger or cargo air 
                        carrier.
                            ``(iii) 1 representative of a labor 
                        organization representing employees at the 
                        Federal Aviation Administration that are 
                        involved with the operation, maintenance or 
                        procurement of the air traffic control system.
                            ``(iv) 1 representative with extensive 
                        operational experience in the general aviation 
                        community.
            ``(3) Appointment and qualifications.--
                    ``(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.
                    ``(B) Members of the Board appointed under 
                paragraph (2)(B) shall be citizens of the United States 
                and shall be appointed without regard to political 
                affiliation and solely on the basis of their 
                professional experience and expertise in one or more of 
                the following areas and, in the aggregate, should 
                collectively bring to bear expertise in--
                            ``(i) management of large service 
                        organizations;
                            ``(ii) customer service;
                            ``(iii) management of large procurements;
                            ``(iv) information and communications 
                        technology;
                            ``(v) organizational development; and
                            ``(vi) labor relations.
            ``(4) Functions.--
                    ``(A) In general.--The Board shall--
                            ``(i) review and provide advice on the 
                        Administration's modernization programs, 
                        budget, and cost accounting system;
                            ``(ii) review the Administration's 
                        strategic plan and make recommendations on the 
                        non-safety program portions of the plan, and 
                        provide advice on the safety programs of the 
                        plan;
                            ``(iii) review the operational efficiency 
                        of the air traffic control system and make 
                        recommendations on the operational and 
                        performance metrics for that system;
                            ``(iv) approve capital expenditures for a 
                        project of $100,000,000 or more related to the 
                        system;
                            ``(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;
                            ``(vi) approve the Federal Aviation 
                        Administration's Capital Investment Plan prior 
                        to its submission to the Congress;
                            ``(vii) annually approve the Operational 
                        Evolution Plan;
                            ``(viii) approve the Administrator's 
                        selection of a Chief Operating Officer for the 
                        Air Traffic Organization and on the appointment 
                        and compensation of its managers; and
                            ``(ix) approve the selection of the head of 
                        the Joint Planning Development Office.
                    ``(B) Meetings.--The Board shall meet on a regular 
                and periodic basis or at the call of the Chairman or of 
                the Administrator.
                    ``(C) Access to documents and staff.--The 
                Administration may give the Board appropriate access to 
                relevant documents and personnel of the Administration, 
                and the Administrator shall make available, consistent 
                with the authority to withhold commercial and other 
                proprietary information under section 552 of title 5, 
                cost data associated with the acquisition and operation 
                of air traffic control systems. Any member of the Board 
                who receives commercial or other proprietary data from 
                the Administrator shall be subject to the provisions of 
                section 1905 of title 18, pertaining to unauthorized 
                disclosure of such information.
            ``(5) Federal advisory committee act not to apply.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the Board or such rulemaking committees as the Administrator 
        shall designate.
            ``(6) Administrative matters.--
                    ``(A) Terms of members.--Members of the Board 
                appointed under paragraph (2)(B) and (2)(C) shall be 
                appointed for a term of 4 years.
                    ``(B) Reappointment.--No individual may be 
                appointed to the Board for more than 8 years total.
                    ``(C) Vacancy.--Any vacancy on the Board shall be 
                filled in the same manner as the original position. Any 
                member appointed to fill a vacancy occurring before the 
                expiration of the term for which the member's 
                predecessor was appointed shall be appointed for a term 
                of 4 years.
                    ``(D) Continuation in office.--A member of the 
                Board whose term expires shall continue to serve until 
                the date on which the member's successor takes office.
                    ``(E) Removal.--Any member of the Board appointed 
                under paragraph (2)(B) or (2)(C) may be removed by the 
                President for cause.
                    ``(F) Claims against members of the board.--
                            ``(i) In general.--A member appointed to 
                        the Board shall have no personal liability 
                        under State or Federal law with respect to any 
                        claim arising out of or resulting from an act 
                        or omission by such member within the scope of 
                        service as a member of the Board.
                            ``(ii) Effect on other law.--This 
                        subparagraph shall not be construed--
                                    ``(I) to affect any other immunity 
                                or protection that may be available to 
                                a member of the Board under applicable 
                                law with respect to such transactions;
                                    ``(II) to affect any other right or 
                                remedy against the United States under 
                                applicable law; or
                                    ``(III) to limit or alter in any 
                                way the immunities that are available 
                                under applicable law for Federal 
                                officers and employees.
                    ``(G) Ethical considerations.--Each member of the 
                Board appointed under paragraph (2)(B) must certify 
                that he or she--
                            ``(i) does not have a pecuniary interest 
                        in, or own stock in or bonds of, an aviation or 
                        aeronautical enterprise, except an interest in 
                        a diversified mutual fund or an interest that 
                        is exempt from the application of section 208 
                        of title 18;
                            ``(ii) does not engage in another business 
                        related to aviation or aeronautics; and
                            ``(iii) is not a member of any organization 
                        that engages, as a substantial part of its 
                        activities, in activities to influence 
                        aviation-related legislation.
                    ``(H) Chairman; vice chairman.--The Board shall 
                elect a chair and a vice chair from among its members, 
                each of whom shall serve for a term of 2 years. The 
                vice chair shall perform the duties of the chairman in 
                the absence of the chairman.
                    ``(I) 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).
                    ``(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.
                <DELETED>    ``(K) Board resources.--From resources 
                otherwise available to the Administrator, the Chairman 
                shall appoint such staff to assist the board and 
                provide impartial analysis. The Administrator shall 
                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.</DELETED>
                    ``(K) Board resources.--From resources otherwise 
                available to the Administrator, the Chairman shall 
                appoint such staff to assist the board and provide 
                impartial analysis, and the Administrator shall make 
                available to the Board such information and 
                administrative services and assistance, as may 
                reasonably be required to enable the Board to carry out 
                its responsibilities under this subsection.
                    ``(L) Quorum and voting.--A simple majority of 
                members of the Board shall constitute a quorum. A 
                majority vote of members present and voting shall be 
                required for the Committee to take action.
            ``(7) Air traffic control system defined.--In this 
        subsection, the term `air traffic control system' has the 
        meaning given that term in section 40102(a).''.

SEC. 302. ADS-B SUPPORT PILOT PROGRAM.

    (a) In General.--Chapter 445, as amended by section 207, is amended 
by adding at the end the following:
``Sec. 44519. ADS-B support pilot program
    ``(a) In General.--The Secretary may carry out a pilot program to 
support non-Federal acquisition of National Airspace System compliant 
Automatic Dependent Surveillance-Broadcast (ADS-B) ground stations if--
            ``(1) the Secretary determines that acquisition of the 
        ground stations benefits the improvement of safety or capacity 
        in the National Airspace System;
            ``(2) the ground stations provide the required transmit and 
        receive data formats consistent with the National Airspace 
        System architecture at the appropriate service delivery point; 
        and
            ``(3) the ground stations acquired under this program are 
        supplemental to ground stations established under programs 
        administered by the Administrator of the Federal Aviation 
        Administration.
    ``(b) Project Grants.--
            ``(1) For purposes of carrying out the pilot program and 
        notwithstanding the requirements of section 47114(d), the 
        Secretary may make a project grant out of funds apportioned 
        under section 47114(d)(2) to not more than 10 eligible sponsors 
        to acquire and install ADS-B ground stations in order to serve 
        any public-use airport.
            ``(2) The Secretary shall establish procurement procedures 
        applicable to grants issued under this section. The procedures 
        shall permit the sponsor to carry out the project using Federal 
        Aviation Administration contracts. The procedures established 
        by the Secretary may provide for the direct reimbursement 
        (including administrative costs) of the Administrator by the 
        sponsor using grant funds under this section, for the ordering 
        of such equipment and its installation, or for the direct 
        ordering of such equipment and its installation by the sponsor, 
        using such grant funds, from the suppliers with which the 
        Administrator has contracted.
    ``(c) Matching Requirement.--The amount of a grant to an eligible 
sponsor under subsection (b) may not exceed 90 percent of the costs of 
the acquisition and installation of the ground support equipment.
    ``(d) Definitions.--In this section:
            ``(1) ADS-B ground station.--The term `ADS-B ground 
        station' means electronic equipment that provides for ADS-B 
        reception and broadcast services.
            ``(2) Eligible sponsor.--The term `eligible sponsor' means 
        a State or any consortium of 2 or more State or local 
        governments meeting the definition of a sponsor under section 
        47102 of this title.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 445 is 
amended by inserting after the item relating to section 44518 the 
following:

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

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

    Section 106(l) is amended by adding at the end the following:
            ``(7) Air Traffic Services.--In determining what actions to 
        take, by rule or through an agreement or transaction under 
        paragraph (6) or under section 44502, to permit non-government 
        providers of communications, navigation, surveillance or other 
        services to provide such services in the National Airspace 
        System, or to require the usage of such services, the 
        Administrator shall consider whether such actions would--
                    ``(A) promote the safety of life and property;
                    ``(B) improve the efficiency of the National 
                Airspace System and reduce the regulatory burden upon 
                National Airspace System users, based upon sound 
                engineering principles, user operational requirements, 
                and marketplace demands;
                    ``(C) encourage competition and provide services to 
                the largest feasible number of users; and
                    ``(D) take into account the unique role served by 
                general aviation.''.

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''.

SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

    Section 40110(c) is amended--
            (1) by inserting ``and'' after the semicolon in paragraph 
        (3);
            (2) by striking paragraph (4); and
            (3) by redesignating paragraph (5) as paragraph (4).

SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

    Section 40113(e) is amended--
            (1) by inserting ``(whether public or private)'' in 
        paragraph (1) after ``authorities'';
            (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
            (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.''.

SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

    Section 40122(g)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (G);
            (2) by striking ``Board.'' in subparagraph (H) and 
        inserting ``Board;''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(I) subsections (b), (c), and (d) of section 4507 
                (relating to Meritorious Executive or Distinguished 
                Executive rank awards), and section subsections (b) and 
                (c) of section 4507a (relating to Meritorious Senior 
                Professional or Distinguished Senior Professional rank-
                awards), except that--
                            ``(i) for purposes of applying such 
                        provisions to the personnel management system--
                                    ``(I) the term `agency' means the 
                                Department of Transportation;
                                    ``(II) the term `senior executive' 
                                means an Federal Aviation 
                                Administration executive;
                                    ``(III) the term `career appointee' 
                                means an Federal Aviation 
                                Administration career executive; and
                                    ``(IV) the term `senior career 
                                employee' means an Federal Aviation 
                                Administration career senior 
                                professional;
                            ``(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
                            ``(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.''.

SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

    (a) FAA Criteria for Facilities Realignment.--Within 9 months after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration, after providing an opportunity for public 
comment, shall publish final criteria to be used in making the 
Administrator's recommendations for the realignment of services and 
facilities to assist in the transition to next generation facilities 
and help reduce capital, operating, maintenance, and administrative 
costs with no adverse effect on safety.
    (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.
    (c) Realignment Defined.--As used in this section, the term 
``realignment'' includes any action which relocates functions and 
personnel positions but does not include a reduction in personnel 
resulting from workload adjustments.
    (d) Study by Board.--The Air Traffic Control Modernization 
Oversight Board established by section 106(p) of title 49, United 
States Code, shall study the Administrator's recommendations for 
realignment and the opportunities, risks, and benefits of realigning 
services and facilities of the Federal Aviation Administration to help 
reduce capital, operating, maintenance, and administrative costs with 
no adverse effect on safety.
    (e) Review and Recommendations.--
            (1) After receiving the recommendations from the 
        Administrator pursuant to subsection (b), the Board shall 
        provide opportunity for public comment on such recommendations.
            (2) Based on its review and analysis of the Administrator's 
        recommendations and any public comment it may receive, the 
        Board shall make its independent recommendations for 
        realignment of aviation services or facilities and submit its 
        recommendations in a report to the President, the Senate 
        Committee on Commerce, Science, and Transportation, and the 
        House of Representatives Committee on Transportation and 
        Infrastructure.
            (3) The Board shall explain and justify in its report any 
        recommendation made by the Board that is different from the 
        recommendations made by the Administrator pursuant to 
        subsection (b).
            (4) The Administrator may not consolidate any additional 
        approach control facilities into the Southern California 
        <DELETED>TRACON </DELETED>TRACON, the Houston TRACON, or the 
        Memphis TRACON  until the Board's recommendations are 
        completed.

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

    (a) Improved Cooperation and Coordination among Participating 
Agencies.--Section 709 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended--
            (1) by inserting ``(A)'' after ``(3)'' in subsection 
        (a)(3);
            (2) by inserting after subsection (a)(3) the following:
                    ``(B) The Administrator of the Federal Aviation 
                Administration, the Secretary of Defense, the 
                Administrator of the National Aeronautics and Space 
                Administration, the Secretary of Commerce, the 
                Secretary of Homeland Security, and the head of any 
                other Department or Federal agency from which the 
                Secretary of Transportation requests assistance under 
                subparagraph (A) shall designate an implementation 
                office to be responsible for--
                            ``(i) carrying out the Department or 
                        agency's Next Generation Air Transportation 
                        System implementation activities with the 
                        Office; and
                            ``(ii) liaison and coordination with other 
                        Departments and agencies involved in Next 
                        Generation Air Transportation <DELETED>System 
                        activities. </DELETED>System activities; and
                            ``(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 in section 44501(b)(5) of 
                        title 49, United States Code).
                    ``(C) The head of any such Department or agency 
                shall ensure that--
                            ``(i) the Department's or agency's Next 
                        Generation Air Transportation System 
                        responsibilities are clearly communicated to 
                        the designated office; and
                            ``(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.
                    ``(D)(i) Within 6 months after the date of 
                enactment of the Aviation Investment and Modernization 
                Act of 2007, the head of each such Department or agency 
                shall execute a memorandum of understanding with the 
                Office and with the other Departments and agencies 
                participating in the Next Generation Air Transportation 
                System project that--
                            ``(I) describes the respective 
                        responsibilities of each such Department and 
                        agency, including budgetary commitments; and
                            ``(II) the budgetary and staff resources 
                        committed to the project.
                    ``(ii) The memorandum shall be revised as necessary 
                to reflect any changes in such responsibilities or 
                <DELETED>commitments.''; </DELETED>commitments and be 
                reflected in each Department or agency's budget 
                request.'';
            (3) by adding at the end of subsection (a) the following:
    ``(5) The Director of the Office shall be a voting member of the 
Federal Aviation Administration's Joint Resources Council and the Air 
Traffic Organization's Executive Council.'';
            (4) by striking ``beyond those currently included in the 
        Federal Aviation Administration's Operational Evolution Plan'' 
        in subsection (b);
            (5) by striking ``research and development roadmap'' in 
        subsection (b)(3) and inserting ``implementation plan'';
            (6) by striking ``and'' after the semicolon in subsection 
        (b)(3)(B);
            (7) by inserting after subsection (b)(3)(C) the following:
                    ``(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'';
            (8) by inserting ``and key technologies'' after 
        ``concepts'' in subsection (b)(4);
            (9) by striking ``users'' in subsection (b)(4) and 
        inserting ``users, an implementation plan,'';
            (10) by adding at the end of subsection (b) the following:
``Within 6 months after the date of enactment of the Aviation 
Investment and Modernization Act of 2007, the Administrator shall 
develop the implementation plan described in paragraph (3) of this 
subsection and shall update it annually thereafter.''; and
            (11) by striking ``2010.'' in subsection (e) and inserting 
        ``2011.''.
    (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.''.

SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

    Section 40102(a)(4) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) runway lighting and airport surface visual 
                and other navigation aids;'';
            (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;'';
            (3) by striking ``another structure'' in subparagraph (D) 
        and inserting ``any structure or equipment'';
            (4) by striking ``aircraft.'' in subparagraph (D) and 
        inserting ``aircraft; and''; and
            (5) by adding at the end the following:
                    ``(E) buildings, equipment and systems dedicated to 
                the National Airspace System.''.

SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

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

SEC. 312. EDUCATIONAL REQUIREMENTS.

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

SEC. 313. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    Section 40122(a)(2) is amended to read as follows:
            ``(2) Dispute resolution.--
                    ``(A) Mediation.--If the Administrator does not 
                reach an agreement under paragraph (1) or subsection 
                (g)(2)(C) with the exclusive bargaining 
                representatives, the services of the Federal Mediation 
                and Conciliation Service shall be used to attempt to 
                reach such agreement in accordance with part 1425 of 
                title 29, Code of Federal Regulations. The 
                Administrator and bargaining representatives may by 
                mutual agreement adopt procedures for the resolution of 
                disputes or impasses arising in the negotiation of a 
                collective-bargaining agreement.
                    ``(B) Binding arbitration.--If the services of the 
                Federal Mediation and Conciliation Service under 
                subparagraph (A) does not lead to an agreement, the 
                Administrator and the bargaining representatives shall 
                submit their issues in controversy to the Federal 
                Service Impasses Panel in accordance with section 7119 
                of title 5. The Panel shall assist the parties in 
                resolving the impasse by asserting jurisdiction and 
                ordering binding arbitration by a private arbitration 
                board consisting of 3 members in accordance with 
                section 2471.6(a)(2)(ii) of title 5, Code of Federal 
                Regulations. The executive director of the Panel shall 
                request a list of not less than 15 names of arbitrators 
                with Federal sector experience from the director of the 
                Federal Mediation and Conciliation Service to be 
                provided to the Administrator and the bargaining 
                representatives. Within 10 days after receiving the 
                list, the parties shall each select 1 person. The 2 
                arbitrators shall then select a third person from the 
                list within 7 days. <DELETED>If either of the parties 
                fails to select a person or if the 2 arbitrators are 
                unable to agree on the third person within 3 days, the 
                selection shall be chosen randomly through a process 
                agreed to by the 2 parties. </DELETED>If the 2 
                arbitrators are unable to agree on the third person, 
                the parties shall select the third person by 
                alternately striking names from the list until only 1 
                name remains. If the parties do not agree on the 
                framing of the issues to be submitted, the arbitration 
                board shall frame the issues. The arbitration board 
                shall give the parties a full and fair hearing, 
                including an opportunity to present evidence in support 
                of their claims, and an opportunity to present their 
                case in person, by counsel, or by other representative 
                as they may elect. Decisions of the arbitration board 
                shall be conclusive and binding upon the parties. The 
                arbitration board shall render its decision within 90 
                days after its appointment. The Administrator and the 
                bargaining representative shall share costs of the 
                arbitration equally. The arbitration board shall take 
                into consideration the effect of its arbitration 
                decisions on the Federal Aviation Administration's 
                ability to attract and retain a qualified workforce and 
                the Federal Aviation Administration's budget.
                    ``(C) Effect.--Upon reaching a voluntary agreement 
                or at the conclusion of the binding arbitration under 
                subparagraph (B) above, the final agreement, except for 
                those matters decided by the arbitration board, shall 
                be subject to ratification by the exclusive 
                representative, if so requested by the exclusive 
                representative, and approval by the head of the agency 
                in accordance with subsection (g)(2)(C).
                    ``(D) Enforcement.--Enforcement of the provisions 
                of this paragraph, and any agreement hereunder, shall 
                be in the United States District Court for the District 
                of Columbia.''.

SEC. 314. RULEMAKING AND REPORT ON ADS-B IMPLEMENTATION.

    (a) Report.--Within 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure detailing the Administration program 
and schedule for integrating ADS-B technology into the National 
Airspace System. The report shall include--
            (1) Phase 1 and Phase 2 activity to purchase and install 
        necessary ADS-B ground stations; and
            (2) detailed plans and schedules for implementation of 
        advanced operational procedures and ADS-B air-to-air 
        applications.
    (b) Rulemaking.--Not later than 12 months after the date of 
enactment of this Act the Administrator shall issue guidelines and 
regulations required for the implementation of ADS-B, including--
            (1) the type of avionics (e.g., ADS-B ``out'' avionics) 
        required of aircraft for all classes of airspace;
            (2) a schedule outlining when aircraft will be required to 
        be equipped with such avionics;
            (3) the expected costs associated with the avionics; and
            (4) the expected uses and benefits of the avionics.

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

SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.

    (a) In General.--Chapter 417 is amended by adding at the end the 
following:

               ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

``Sec.  41781. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.
    ``(a) In General.--Not later than 60 days after the date of the 
enactment of the Aviation Investment and Modernization Act of 2007, 
each air carrier shall institute the following practices:
            ``(1) Provision of food and water.--In any case in which 
        departure of a flight of an air carrier is substantially 
        delayed, such air carrier shall provide--
                    ``(A) adequate food and potable water to passengers 
                on such flight during such delay; and
                    ``(B) adequate restroom facilities to passengers on 
                such flight during such delay.
            ``(2) Right to deplane.--
                    ``(A) In general.--An air carrier shall develop a 
                plan, that incorporates medical considerations, to 
                ensure that passengers are provided a clear timeframe 
                under which they will be permitted to deplane a delayed 
                aircraft. The air carrier shall provide a copy of the 
                plan to the Secretary of Transportation, who shall make 
                the plan available to the public. In the absence of 
                such a plan, except as provided in subparagraph (B), if 
                more than 3 hours after passengers have boarded an air 
                carrier and the air carrier doors are closed, the air 
                carrier has not departed, the air carrier shall provide 
                passengers with the option to deplane safely before the 
                departure of such air carrier. Such option shall be 
                provided to passengers not less often than once during 
                each 3-hour period that the plane remains on the 
                ground.
                    ``(B) Exceptions.--Subparagraph (A) shall not 
                apply--
                            ``(i) if the pilot of such flight 
                        reasonably determines that such flight will 
                        depart not later than 30 minutes after the 3 
                        hour delay; or
                            ``(ii) if the pilot of such flight 
                        reasonably determines that permitting a 
                        passenger to deplane would jeopardize passenger 
                        safety or security.
                    ``(C) Application to diverted flights.--This 
                section applies to aircraft without regard to whether 
                they have been diverted to an airport other than the 
                original destination.
    ``(b) Posting Consumer Rights on Website.--An air carrier holding a 
certificate issued under section 41102 that conducts scheduled 
passenger air transportation shall publish conspicuously and update 
monthly on the Internet website of the air carrier a statement of the 
air carrier's customer service policy and of air carrier customers' 
consumer rights under Federal and State law.
    ``<DELETED>(b) </DELETED>(c) Air Carrier.--In this section the term 
`air carrier' means an air carrier holding a certificate issued under 
section 41102 that conducts scheduled passenger air transportation.''.
    (b) Regulations.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Transportation shall promulgate 
such regulations as the Secretary determines necessary to carry out the 
amendment made by subsection (a).
    (c) Conforming Amendment.--The chapter analysis for chapter 417 is 
amended by adding at the end the following:

                subchapter iv. airline customer service
``41781. Airline contingency service requirements.''.

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

    Section 41722 is amended by adding at the end the following:
    ``(f) Chronically Delayed Flights.--
            ``(1) Publication of list of flights.--An air carrier 
        holding a certificate issued under section 41102 that conducts 
        scheduled passenger air transportation shall publish and update 
        monthly on the Internet website of the air carrier, or provide 
        on request, a list of chronically delayed flights operated by 
        the air carrier.
            ``(2) Disclosure to customers when purchasing tickets.--An 
        air carrier shall disclose the following information 
        prominently to an individual before that individual books 
        transportation on the air carrier's Internet website for any 
        flight for which data is reported to the Department of 
        Transportation under part 234 of title 14, Code of Federal 
        Regulations, and for which the air carrier has primary 
        responsibility for inventory control:
                    ``(A) The on-time performance for the flight if it 
                is a chronically delayed flight.
                    ``(B) The cancellation rate for the flight if it is 
                a chronically canceled flight.
            ``(3) Chronically delayed; chronically canceled.--The 
        Secretary of Transportation shall define the terms `chronically 
        delayed flight' and `chronically canceled flight' for purposes 
        of this subsection.''.

SEC. 403. EAS CONNECTIVITY PROGRAM.

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

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

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

SEC. 405. EAS CONTRACT GUIDELINES.

    Section 41737(a)(1) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking ``provided.'' in subparagraph (C) and 
        inserting ``provided;''; and
            (3) by adding at the end the following:
            ``(D) include provisions under which the Secretary may 
        encourage carriers to improve air service to small and rural 
        communities by incorporating financial incentives in essential 
        air service contracts based on specified performance goals; and
            ``(E) include provisions under which the Secretary may 
        execute long-term essential air service contracts to encourage 
        carriers to provide air service to small and rural communities 
        where it would be in the public interest to do so.''.

SEC. 406. CONVERSION OF FORMER EAS AIRPORTS.

    (a) In General.--Section 41745 is amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Conversion of Lost Eligibility Airports.--
            ``(1) In general.--The Secretary shall establish a program 
        to provide general aviation conversion funding for airports 
        serving eligible places that the Secretary has determined no 
        longer qualify as eligible places.
            ``(2) Grants.--A grant under this subsection--
                    ``(A) may not exceed twice the compensation paid to 
                provide essential air service to the airport in the 
                fiscal year preceding the fiscal year in which the 
                Secretary determines that the place served by the 
                airport is no longer an eligible place; and
                    ``(B) may be used--
                            ``(i) for airport development (as defined 
                        in section 47102(3)) that will enhance general 
                        aviation capacity at the airport;
                            ``(ii) to defray operating expenses, if 
                        such use is approved by the Secretary; or
                            ``(iii) to develop innovative air service 
                        options, such as on-demand or air taxi 
                        operations, if such use is approved by the 
                        Secretary.
            ``(3) AIP requirements.--An airport sponsor that uses funds 
        provided under this subsection for an airport development 
        project shall comply with the requirements of subchapter I of 
        chapter 471 applicable to airport development projects funded 
        under that subchapter with respect to the project funded under 
        this subsection.
            ``(4) Limitation.--The sponsor of an airport receiving 
        funding under this subsection is not eligible for funding under 
        section 41736.''.
    (b) Conforming Amendment.--Section 41745(f), as redesignated, is 
amended--
            (1) by striking ``An eligible place'' and inserting 
        ``Neither an eligible place, nor a place to which subsection 
        (c) applies,''; and
            (2) by striking ``not''.

SEC. 407. ESSENTIAL AIR SERVICE REFORM.

    Section 41742(a) is amended--
            (1) by adding at the end of paragraph (1) ``Any amount in 
        excess of $50,000,000 credited for any fiscal year to the 
        account established under section 45303(c) shall be obligated 
        for programs under section 406 of the Vision 100--Century of 
        Aviation Reauthorization Act (49 U.S.C. 40101 note) and section 
        41745 of this title. Amounts appropriated pursuant to this 
        section shall remain available until expended.''; and
            (2) by striking ``$77,000,000'' in paragraph (2) and 
        inserting ``$83,000,000''.

SEC. 408. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

    (a) In General.--Section 47129 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 47129. Resolution of airport-air carrier and foreign air carrier 
              disputes concerning airport fees'' ;
            (2) by inserting ``and Foreign Air Carrier'' after 
        ``Carrier''  in the subsection caption for subsection (d);
            (3) by inserting ``and foreign air carrier'' after 
        ``Carrier'' in the paragraph caption for subsection (d)(2);
            (4) by striking ``air carrier'' each place it appears and 
        inserting ``air carrier or foreign air carrier'';
            (5) by striking ``air carrier's'' each place it appears and 
        inserting ``air carrier's or foreign air carrier's'';
            (6) by striking ``air carriers'' and inserting ``air 
        carriers or foreign air carriers''; and
            (7) by striking ``(as defined in section 40102 of this 
        title)'' in subsection (a) and inserting ``(as those terms are 
        defined in section 40102 of this title)''.
    (b) Conforming Amendment.--The chapter analysis for chapter 471 is 
amended by striking the item relating to section 47129 and inserting 
the following:

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

SEC. 409. SMALL COMMUNITY AIR SERVICE.

    (a) Priorities.--Section 41743(c)(5) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``fashion.'' in subparagraph (E) and 
        inserting ``fashion; and''; and
            (3) by adding at the end the following:
                    ``(F) multiple communities cooperate to submit a 
                region or multistate application to improve air 
                service.''.
    (b) Extension of Authorization.--Section 41743(e)(2) is amended by 
striking ``2008'' and inserting ``2011''.

SEC. 410. CONTRACT TOWER PROGRAM.

    (a) Cost-Benefit Requirement.--Section 47124(b)(1) is amended--
            (1) by inserting ``(A)'' after ``(1)''; and
            (2) by adding at the end the following:
    ``(B) If the Secretary determines that a tower already operating 
under this program has a benefit to cost ratio of less than 1.0, the 
airport sponsor or State or local government having jurisdiction over 
the airport shall not be required to pay the portion of the costs that 
exceeds the benefit for a period of 18 months after such determination 
is made.
    ``(C) If the Secretary finds that all or part of an amount made 
available to carry out the program continued under this paragraph is 
not required during a fiscal year, the Secretary may use during such 
fiscal year the amount not so required to carry out the program 
established under paragraph (3) of this section.''.
    (b) Funding.--Subparagraph (E) of section 47124(b)(3) is amended--
            (1) by striking ``and'' after ``2006,''; and
            (2) by inserting ``$8,500,000 for fiscal year 2008, 
        $9,000,000 for fiscal year 2009, $9,500,000 for fiscal year 
        2010, and $10,000,000 for fiscal year 2011'' after ``2007,''; 
        and
            (3) by inserting after ``paragraph.'' the following: ``If 
        the Secretary finds that all or part of an amount made 
        available under this subparagraph is not required during a 
        fiscal year to carry out this paragraph, the Secretary may use 
        during such fiscal year the amount not so required to carry out 
        the program continued under paragraph (b)(1) of this 
        section.''.
    (c) Federal Share.--Subparagraph (C) of section 47124(b)(4) is 
amended by striking ``$1,500,000.'' and inserting ``$2,000,000.''.
    (d) Safety Audits.--Section 41724 is amended by adding at the end 
the following:
    ``(c)  Safety Audits.--The Secretary shall establish uniform 
standards and requirements for safety assessments of air traffic 
control towers that receive funding under this section in accordance 
with the Administration's safety management system.''.

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

    (a) Findings.--The Congress finds that--
            (1) the Armed Forces is comprised of approximately 
        1,400,000 members who are stationed on active duty at more than 
        6,000 military bases in 146 different countries;
            (2) the United States is indebted to the members of the 
        Armed Forces, many of whom are in grave danger due to their 
        engagement in, or exposure to, combat;
            (3) military service, especially in the current war against 
        terrorism, often requires members of the Armed Forces to be 
        separated from their families on short notice, for long periods 
        of time, and under very stressful conditions;
            (4) the unique demands of military service often preclude 
        members of the Armed Forces from purchasing discounted advance 
        airline tickets in order to visit their loved ones at home; and
            (5) it is the patriotic duty of the people of the United 
        States to support the members of the Armed Forces who are 
        defending the Nation's interests around the world at great 
        personal sacrifice.
    (b) Sense of Congress.--It is the sense of Congress that each 
United States air carrier should--
            (1) establish for all members of the Armed Forces on active 
        duty reduced air fares that are comparable to the lowest 
        airfare for ticketed flights; and
            (2) offer flexible terms that allow members of the Armed 
        Forces on active duty to purchase, modify, or cancel tickets 
        without time restrictions, fees, and penalties.

SEC. 412. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Transportation shall investigate consumer complaints 
regarding--
            (1) flight cancellations;
            (2) compliance with Federal regulations concerning 
        overbooking seats flights;
            (3) lost, damaged, or delayed baggage, and difficulties 
        with related airline claims procedures;
            (4) problems in obtaining refunds for unused or lost 
        tickets or fare adjustments;
            (5) incorrect or incomplete information about fares, 
        discount fare conditions and availability, overcharges, and 
        fare increases;
            (6) the rights of passengers who hold frequent flier miles, 
        or equivalent redeemable awards earned through customer-loyalty 
        programs; and
            (7) deceptive or misleading advertising.
    (b) Budget Needs Report.--The Secretary shall provide, as an annex 
to its annual budget request, an estimate of resources which would have 
been sufficient to investigate all such claims the Department of 
Transportation received in the previous fiscal year. The annex shall be 
transmitted to the Congress when the President submits the budget of 
the United States to the Congress under section 1105 of title 31, 
United States Code.

SEC. 413. EAS MARKETING.

    The Secretary of Transportation shall require all applications to 
provide service under subchapter II of chapter 417 of title 49, United 
States Code, include a marketing plan.

SEC. 414. EXTRAPERIMETAL AND INTRAPERIMETAL SLOTS AT RONALD REAGAN 
              WASHINGTON NATIONAL AIRPORT.

    (a) Beyond Perimeter Exemptions.--Section 41718 (a) is amended by 
striking ``24'' and inserting ``36''.
    (b) Within Perimeter Exemptions.--Section 41718 (b) is amended by 
striking ``20'' and inserting ``28''.
    (c) Limitations.--Section 41718(c) is amended--
            (1) by striking ``3 operations.'' in paragraph (2) and 
        inserting ``4 operations. Operations conducted by new entrant 
        and limited incumbent air carriers shall be afforded a 
        scheduling priority over operations conducted by other air 
        carriers granted exemptions pursuant to section 41718 with the 
        highest scheduling priority afforded to beyond-perimeter 
        operations conducted by new entrant and limited incumbent air 
        carriers.'';
            (2) by striking ``six'' in paragraph (3)(A) and inserting 
        ``8'';
            (3) by striking ``ten'' in paragraph (3)(B) and inserting 
        ``12''; and
            (4) by striking ``four'' in paragraph (3)(C) and inserting 
        ``6''.

                        TITLE V--AVIATION SAFETY

SEC. 501. RUNWAY INCURSION REDUCTION.

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

SEC. 502. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT.

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

SEC. 503. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

    (a) Judicial Review of NTSB Decisions.--Section 44703(d) is amended 
by adding at the end the following:
    ``(3) Judicial review.--A person substantially affected by an order 
of the Board under this subsection, or the Administrator when the 
Administrator decides that an order of the Board will have a 
significant adverse impact on carrying out this part, may obtain 
judicial review of the order under section 46110 of this title. The 
Administrator shall be made a party to the judicial review proceedings. 
The findings of fact of the Board in any such case are conclusive if 
supported by substantial evidence.''.
    (b) Conforming Amendment.--Section 1153(c) is amended by striking 
``section 44709 or'' and inserting ``section 44703(d), 44709, or''.

SEC. 504. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND 
              SUPPLEMENTAL TYPE CERTIFICATES.

    Section 44704(a) is amended by adding at the end the following:
    ``(5) Release of data.--
            ``(A) Notwithstanding any other provision of law, the 
        Administrator may designate, without the consent of the owner 
        of record, engineering data in the agency's possession related 
        to a type certificate or a supplemental type certificate for an 
        aircraft, engine, propeller or appliance as public data, and 
        therefore releasable, upon request, to a person seeking to 
        maintain the airworthiness of such product, if the 
        Administrator determines that--
                    ``(i) the certificate containing the requested data 
                has been inactive for 3 years;
                    ``(ii) the owner of record, or the owner of 
                record's heir, of the type certificate or supplemental 
                certificate has not been located despite a search of 
                due diligence by the agency; and
                    ``(iii) the designation of such data as public data 
                will enhance aviation safety.
            ``(B) In this section, the term `engineering data' means 
        type design drawings and specifications for the entire product 
        or change to the product, including the original design data, 
        and any associated supplier data for individual parts or 
        components approved as part of the particular aeronautical 
        product certificate.''.

SEC. 505. DESIGN ORGANIZATION CERTIFICATES.

    Section 44704(e) is amended--
            (1) by striking ``Beginning 7 years after the date of 
        enactment of this subsection,'' in paragraph (1) and inserting 
        ``Effective January 1, 2013,'';
            (2) by striking ``testing'' in paragraph (2) and inserting 
        ``production''; and
            (3) by striking paragraph (3) and inserting the following:
    ``(3) Issuance of certificate based on design organization 
certification.--The Administrator may rely on the Design Organization 
for certification of compliance under this section.''.

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

    (a) In General.--Chapter 401 is amended by adding at the end 
thereof the following:
``Sec. 40130. FAA access to criminal history records or databases 
              systems
    ``(a) Access to Records or Databases Systems.--
            ``(1) Notwithstanding section 534 of title 28 and the 
        implementing regulations for such section (28 C.F.R. part 20), 
        the Administrator of the Federal Aviation Administration is 
        authorized to access a system of documented criminal justice 
        information maintained by the Department of Justice or by a 
        State but may do so only for the purpose of carrying out its 
        civil and administrative responsibilities to protect the safety 
        and security of the National Airspace System or to support the 
        missions of the Department of Justice, the Department of 
        Homeland <DELETED>Security </DELETED>Security, and other law 
        enforcement agencies. The Administrator shall be subject to the 
        same conditions or procedures established by the Department of 
        Justice or State for access to such an information system by 
        other governmental agencies with access to the system.
            ``(2) The Administrator may not use the access authorized 
        under paragraph (1) to conduct criminal investigations.
    ``(b) Designated Employees.--The Administrator shall, by order, 
designate those employees of the Administration who shall carry out the 
authority described in subsection (a). Such designated employees may--
            ``(1) have access to and receive criminal history, driver, 
        vehicle, and other law enforcement information contained in the 
        law enforcement databases of the Department of Justice, or of 
        any jurisdiction in a State in the same manner as a police 
        officer employed by a State or local authority of that State 
        who is certified or commissioned under the laws of that State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government and of any jurisdiction in a State that 
        provides information about wanted persons, be-on-the-lookout 
        notices, or warrant status or other officer safety information 
        to which a police officer employed by a State or local 
        authority in that State who is certified or commission under 
        the laws of that State has access and in the same manner as 
        such police officer; or
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section the term `system of documented criminal justice 
information' means any law enforcement databases, <DELETED>systems 
</DELETED>systems, or communications containing information concerning 
identification, criminal history, arrests, convictions, arrest 
warrants, or wanted or missing persons, including the National Crime 
Information Center and its incorporated criminal history databases and 
the National Law Enforcement Telecommunications System.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 401 is 
amended by inserting after the item relating to section 40129 the 
following:

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

SEC. 507. FLIGHT CREW FATIGUE.

    (a) In General.--Within 3 months after the date of enactment of 
this Act the Administrator of the Federal Aviation Administration shall 
conclude arrangements with the National Academy of Sciences for a study 
of pilot fatigue.
    (b) Study.--The study shall include consideration of--
            (1) research on fatigue, sleep, and circadian rhythms;
            (2) sleep and rest requirements recommended by the National 
        Transportation Safety Board; and
            (3) international standards.
    (c) Report.--Within 18 months after initiating the study, the 
National Academy shall submit a report to the Administrator containing 
its findings and recommendations, including recommendations with 
respect to Federal Aviation Regulations governing flight limitation and 
rest requirements.
    (d) Rulemaking.--After the Administrator receives the National 
Academy's report, the Federal Aviation Administration shall consider 
the findings of the National Academy in its rulemaking proceeding on 
flight time limitations and rest requirements.
    (e) Implementation of Flight Attendant Fatigue Study 
Recommendations.--Within 60 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
initiate a process to carry out the recommendations of the CAMI study 
on flight attendant fatigue.

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

    (a) Compliance With 14 CFR Part 135 Regulations.--No later than 18 
months after the date of enactment of this Act, all helicopter 
emergency medical service operators shall comply with the regulations 
in part 135 of title 14, Code of Federal Regulations whenever there is 
a medical crew on board, without regard to whether there are patients 
on board the helicopter.
    (b) Implementation of Flight Risk Evaluation Program.--Within 60 
days after the date of enactment of this Act, the Federal Aviation 
Administration shall initiate, and complete within 18 months, a 
rulemaking--
            (1) to create a standardized checklist of risk evaluation 
        factors based on its Notice 8000.301, issued in August, 2005; 
        and
            (2) to require helicopter emergency medical service 
        operators to use the checklist to determine whether a mission 
        should be accepted.
    (c) Comprehensive Consistent Flight Dispatch Procedures.--Within 60 
days after the date of enactment of this Act, the Federal Aviation 
Administration shall initiate, and complete within 18 months, a 
rulemaking--
            (1) to create standardized flight dispatch procedures for 
        helicopter emergency medical service operators based on the 
        regulations in part 121 of title 14, Code of Federal 
        Regulations; and
            (2) to require such operators to use those procedures for 
        flights.
    (d) Improving Situational Awareness.--Any helicopter used for 
helicopter emergency medical service operations that is ordered, 
purchased, or otherwise obtained after the date of enactment of this 
Act shall have on board an operational terrain awareness and warning 
system that meets the technical specifications of section 135.154 of 
the Federal Aviation Regulations (14 C.F.R. 135.154).
    (e) Improving the Data Available to NTSB Investigators at Crash 
Sites.--
            (1) Study.--Within 1 year after the date of enactment of 
        this Act, the Federal Aviation Administration shall complete a 
        feasibility study of requiring flight data and cockpit voice 
        recorders on new and existing helicopters used for emergency 
        medical service operations. The study shall address, at a 
        minimum, issues related to survivability, weight, and financial 
        considerations of such a requirement.
            (2) Rulemaking.--Within 2 years after the date of enactment 
        of this Act, the Federal Aviation Administration shall complete 
        a rulemaking to require flight data and cockpit voice recorders 
        on board such helicopters.

SEC. 509. CABIN CREW COMMUNICATION REQUIREMENTS.

    (a) In General.--Section 44728 is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Minimum English Language Skills.--
            ``(1) In general.--No certificate holder may use any person 
        to serve, nor may any person serve, as a flight attendant under 
        this part, unless that person has the ability <DELETED>(1) 
        </DELETED>to read, speak, and write English well enough to--
                    ``(A) read material written in English and 
                comprehend the information;
                    ``(B) speak and understand English sufficiently to 
                provide direction to, and understand and answer 
                questions from, English-speaking individuals;
                    ``(C) write incident reports and statements and log 
                entries and statements; and
                    ``(D) carry out written and oral instructions 
                regarding the proper performance of their duties.
            ``(2) Foreign flights.--The requirements of paragraph (1) 
        do not apply to service as a flight attendant on a flight 
        operated by a certificate holder solely between points outside 
        the United States.''.
    (b) Administration.--The Administrator of the Federal Aviation 
Administration shall work with certificate holders to which section 
44728(f) of title 49, United States Code, applies to facilitate 
compliance with the requirements of section 44728(f)(1) of that title.

SEC. 510. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH OSHA.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall--
            (1) establish milestones, in consultation with the 
        Occupational Safety and Health Administration, through a report 
        to Congress for the completion of work begun under the August 
        2000 memorandum of understanding between the 2 Administrations 
        and to address issues needing further action in the 
        Administrations' joint report in December 2000; and
            (2) initiate development of a policy statement to set forth 
        the circumstances in which Occupational Safety and Health 
        Administration requirements may be applied to crewmembers while 
        working in the aircraft cabin.
    (b) Policy Statement.--The policy statement to be developed under 
subsection (a)(2) shall satisfy the following principles:
            (1) The establishment of a coordinating body similar to the 
        Aviation Safety and Health Joint Team established by the August 
        2000 memorandum of understanding that includes representatives 
        designated by both Administrations--
                    (A) to examine the applicability of current and 
                future Occupational Safety and Health Administration 
                regulations;
                    (B) to recommend policies for facilitating the 
                training of Federal Aviation Administration inspectors; 
                and
                    (C) to make recommendations that will govern the 
                inspection and enforcement of safety and health 
                standards on board aircraft in operation and all work-
                related environments.
            (2) Any standards adopted by the Federal Aviation 
        Administration shall set forth clearly--
                    (A) the circumstances under which an employer is 
                required to take action to address occupational safety 
                and health hazards;
                    (B) the measures required of an employer under the 
                standard; and
                    (C) the compliance obligations of an employer under 
                the standard.

SEC. 511. ACCELERATION OF DEVELOPMENT AND IMPLEMENTATION OF REQUIRED 
              NAVIGATION PERFORMANCE APPROACH PROCEDURES.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall set a target of achieving a minimum of 200 
Required Navigation Performance procedures each fiscal year through 
fiscal year 2012, with 25 percent of that target number meeting the low 
visibility approach criteria.
    (b) Use of Third Parties.--The Administrator is authorized to 
provide third parties the ability to design, flight check, and 
implement Required Navigation Performance approach procedures.

                      TITLE VI--AVIATION RESEARCH

SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--Section 44511(f) is amended--
            (1) by striking ``establish a 4-year pilot'' in paragraph 
        (1) and inserting ``maintain an''; and
            (2) by inserting ``pilot'' in paragraph (4) before 
        ``program'' the first time it appears; and
            (3) by striking ``program, including recommendations as to 
        the need for establishing a permanent airport cooperative 
        research program.'' in paragraph (4) and inserting 
        ``program.''.
    (b) Airport Cooperative Research Program.--Not more than 
$15,000,000 per year for fiscal years 2008, 2009, 2010, and 2011 may be 
appropriated to the Secretary of Transportation from the amounts made 
available each year under subsection (a) for the Airport Cooperative 
Research Program under section 44511 of this title, of which not less 
than $5,000,000 per year shall be for research activities related to 
the airport environment, including reduction of community exposure to 
civil aircraft noise, reduction of civil aviation emissions, or 
addressing water quality issues.

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

    (a) Establishment of Research Program.--From amounts made available 
under section 48102(a) of title 49, United States Code, the 
Administrator of the Federal Aviation Administration shall establish a 
research program related to reducing civilian aircraft source noise and 
emissions through grants or other measures authorized under section 
106(l)(6) of such title, including reimbursable agreements with other 
Federal agencies. The program shall include participation of 
educational and research institutions or private sector entities that 
have existing facilities and experience for developing and testing 
noise, emissions and energy reduction engine and aircraft technology, 
and developing alternative fuels.
    (b) Establishing a Consortium.--Within 6 months after the date of 
enactment of this Act, the Administrator shall designate, using a 
competitive process, an institution, entity, or consortium described in 
subsection (a) as a Consortium for Aviation Noise, Emissions, and 
Energy Technology Research to perform research in accordance with this 
section. The Consortium shall conduct the research program in 
coordination with the National Aeronautics and Space Administration and 
other relevant agencies.
    (c) Performance Objectives.--By January 1, 2015, the research 
program shall accomplish the following objectives:
            (1) Certifiable aircraft technology that increases aircraft 
        fuel efficiency by 25 percent relative to 1997 subsonic 
        aircraft technology.
            (2) Certifiable engine technology that reduces landing and 
        takeoff cycle nitrogen oxide emissions by 50 percent, without 
        increasing other gaseous or particle emissions, over the 
        International Civil Aviation Organization standard adopted in 
        2004.
            (3) Certifiable aircraft technology that reduces noise 
        levels by 10 dB (30 dB cumulative) relative to 1997 subsonic 
        jet aircraft technology.
            (4) Determination of the feasibility of use of alternative 
        fuels in aircraft systems, including successful demonstration 
        and quantification of benefits.
            (5) Determination of the extent to which new engine and 
        aircraft technologies may be used to retrofit or re-engine 
        aircraft so as to increase the level of penetration into the 
        commercial fleet.

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

    (a) Establishment of Research Program.--From amounts made available 
under section 48102(a) of title 49, United States Code, the Secretary 
of Transportation shall establish a research program related to 
developing jet fuel from clean coal through grants or other measures 
authorized under section 106(l)(6) of such title, including 
reimbursable agreements with other Federal agencies. The program shall 
include participation by educational and research institutions that 
have existing facilities and experience in the development and 
deployment of technology that processes coal to aviation fuel.
    (b) Designation of <DELETED>Institute </DELETED>Institution as a 
Center of Excellence.--Within 6 months after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall designate an institution described in subsection (a) as a Center 
of Excellence for <DELETED>Coal to Jet Fuel </DELETED>Coal-to-Jet-Fuel 
Research.

SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.

    (a) Establishment.--There is established an advisory committee to 
be know as the ``Advisory Committee on the Future of Aeronautics''.
    (b) Membership.--The Advisory Committee shall consist of 7 members 
appointed by the President from a list of 15 candidates proposed by the 
Director of the National Academy of Sciences.
    (c) Chairperson.--The Advisory Committee members shall elect 1 
member to serve as chairperson of the Advisory Committee.
    (d) Functions.--The Advisory Committee shall examine the best 
governmental and organizational structures for the conduct of civil 
aeronautics research and development, including options and 
recommendations for consolidating such research to ensure continued 
United States leadership in civil aeronautics. The Committee shall 
consider transferring responsibility for civil aeronautics research and 
development from the National Aeronautics and Space Administration to 
other existing departments or agencies of the Federal government or to 
a non-governmental organization such as academic consortia or not-for-
profit organizations. In developing its recommendations, the Advisory 
Committee shall consider, as appropriate, the aeronautics research 
policies developed pursuant to section 101(d) of Public Law 109-155 and 
the requirements and priorities for aeronautics research established by 
title IV of Public Law 109-155.
    (e) Report.--Not later than 12 months after the date on which the 
full membership of the Advisory Committee is appointed, the Advisory 
Committee shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committees on Science and 
Technology and on Transportation and Infrastructure on its findings and 
recommendations. The report may recommend a rank ordered list of 
acceptable solutions.
    (f) Termination.--The Advisory Committee shall terminate 60 days 
after the date on which it submits the report to the Congress.

SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    (a) Continuation of Program.--The Administrator of the Federal 
Aviation Administration shall continue the program to consider awards 
to nonprofit concrete and asphalt pavement research foundations to 
improve the design, construction, rehabilitation, and repair of 
airfield pavements to aid in the development of safer, more cost 
effective, and more durable airfield pavements.
    (b) Use of Grants or Cooperative Agreements.--The Administrator may 
use grants or cooperative agreements in carrying out this section.

SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH.

    Within 60 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall--
            (1) initiate evaluation of proposals that would increase 
        capacity throughout the air transportation system by reducing 
        existing spacing requirements between aircraft of all sizes, 
        including research on the nature of wake vortices;
            (2) begin implementation of a system to improve volcanic 
        ash avoidance options for aircraft, including the development 
        of a volcanic ash warning and notification system for aviation; 
        and
            (3) establish research projects on--
                    (A) ground de-icing/anti-icing, ice pellets, and 
                freezing drizzle;
                    (B) oceanic weather, including convective weather;
                    (C) en route turbulence prediction and detection; 
                and
                    (D) all hazards during oceanic operations, where 
                commercial traffic is high and only rudimentary 
                satellite sensing is available, to reduce the hazards 
                presented to commercial aviation.

SEC. 607. INCORPORATION OF UNMANNED AERIAL SYSTEMS INTO FAA PLANS AND 
              POLICIES.

    (a) Research.--
            (1) Equipment.--Section 44504 is amended--
                    (A) by inserting ``unmanned and manned'' in 
                subsection (a) after ``improve'';
                    (B) by striking ``and'' after the semicolon in 
                subsection (b)(6);
                    (C) by striking ``aircraft.'' in subsection (b)(7) 
                and inserting ``aircraft; and''; and
                    (D) by adding at the end of subsection (b) the 
                following:
            ``(8) in conjunction with other Federal agencies as 
        appropriate, to develop technologies and methods to assess the 
        risk of and prevent defects, failures, and malfunctions of 
        products, parts, and processes, for use in all classes of 
        unmanned aerial systems that could result in a catastrophic 
        failure.''.
            (2) Human Factors; Simulations.--Section 44505(b) is 
        amended--
                    (A) by striking ``and'' after the semicolon in 
                paragraph (4);
                    (B) by striking ``programs.'' in paragraph (5)(C) 
                and inserting ``programs; and''; and
                    (C) by adding at the end thereof the following:
            ``(6) to develop a better understanding of the relationship 
        between human factors and unmanned aerial systems air safety; 
        and
            ``(7) to develop dynamic simulation models of integrating 
        all classes of unmanned aerial systems into the National Air 
        Space.''.
    (b) National Academy of Sciences Assessment.--
            (1) In general.--Within 3 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall enter into an arrangement with 
        the National Academy of Science for an assessment of unmanned 
        aerial systems that shall include consideration of--
                    (A) human factors regarding unmanned aerial systems 
                operation;
                    (B) ``detect, sense and avoid technologies'' with 
                respect to both cooperative and non-cooperative 
                aircraft;
                    (C) spectrum issues and bandwidth requirements;
                    (D) operation in suboptimal winds and adverse 
                weather conditions;
                    (E) mechanisms for letter others know where the 
                unmanned aerial system is flying;
                    (F) airworthiness and system redundancy;
                    (G) flight termination systems for safety and 
                security;
                    (H) privacy issues;
                    (I) technologies for unmanned aerial systems flight 
                control;
                    (J) technologies for unmanned aerial systems 
                propulsion;
                    (K) unmanned aerial systems operator 
                qualifications, medical standards, and training 
                requirements;
                    (L) unmanned aerial systems maintenance 
                requirements and training requirements; and
                    (M) any other unmanned aerial systems-related issue 
                the Administrator believes should be addressed.
            (2) Report.--Within 12 months after initiating the study, 
        the National Academy shall submit its report to the 
        Administrator, the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing its findings and 
        recommendations.
    (c) Pilot Projects.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall establish 3 2-year cost-shared pilot 
        projects in sparsely populated, low-density Class G air traffic 
        airspace to conduct experiments and collect data in order to 
        accelerate the safe integration of unmanned aerial systems into 
        the National Airspace System as follows:
                    (A) 1 project shall address operational issues 
                required for integration of Category 1 unmanned aerial 
                systems.
                    (B) 1 project shall address operational issues 
                required for integration of Category 2 unmanned aerial 
                systems.
                    (C) 1 project shall address operational issues 
                required for integration of Category 3 unmanned aerial 
                systems.
            (2) Use of consortia.--In conducting the pilot projects, 
        the Administrator shall encourage the formation of consortia 
        from the public and private sectors, educational institutions, 
        and non-profit organization.
            (3) Report.--Within 60 days after completing the pilot 
        projects, the Administrator shall transmit a report to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure setting forth the Administrator's findings and 
        conclusions concerning the projects.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator for fiscal years 2008 
        and 2009 such sums as may be necessary to conduct the pilot 
        projects.
    (d) FAA Task List.--
            (1) Streamline unmanned aerial systems certification 
        process.--Within 30 days after the date of enactment of this 
        Act, the Administrator of the Federal Aviation Administration 
        shall develop and transmit an unmanned aerial systems 
        ``roadmap'' to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure.
            (2) Update policy statement.--Within 45 days after the date 
        of enactment of this Act, the Administrator shall issue an 
        updated policy statement on unmanned aerial systems under 
        Docket No. FAA-2006-25714; Notice No. 07-01.
            (3) Issue nprm for certificates.--Within 90 days after the 
        date of enactment of this Act, the Administrator shall publish 
        a notice of proposed rulemaking on issuing airworthiness 
        certificates and experimental certificates to unmanned aerial 
        systems operators for compensation or hire. The Administrator 
        shall promulgate a final rule 90 days after the date on which 
        the notice is published.
            (4) Notice to Congress on basing unmanned aerial systems 
        regulations on ultralight regulations.--Within 90 days after 
        the date of enactment of this Act, the Administrator shall 
        transmit a report to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure on the potential of using 
        part 103 of title 14, Code of Federal Regulations (relating to 
        Ultralight Aircraft), as the regulatory basis for regulations 
        on lightweight unmanned aerial systems.
    (e) Consolidated Rulemaking Deadline.--No later than April 30, 
2010, the Federal Aviation Administration and other affected Federal 
agencies shall have initiated all of the rule makings regarding vehicle 
design requirements, operational requirements, airworthiness 
requirements, and flight crew certifications requirements necessary for 
integrating all categories of unmanned aerial systems into the national 
air space, taking into consideration the recommendations the 
Administrator receives from the National Academy of Sciences report 
under subsection (b), the unmanned aerial systems ``roadmap'' developed 
by the Administrator under subsection (d)(1), the recommendations of 
the Radio Technical Committee Aeronautics Special Committee 203 (RTCA-
SC 203), and the data generated from the 3 pilot projects conducted 
under subsection (c).

SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH 
              AND TRAINING IN THE USE OF ADVANCED MATERIALS IN 
              TRANSPORT AIRCRAFT.

    Section 708(b) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 44504 note) is amended by striking 
``$500,000 for fiscal year 2004'' and inserting ``$1,000,000 for each 
of fiscal years 2008 through 2012''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. GENERAL AUTHORITY.

<DELETED>    (a) General Authority.--Paragraph (1) of section 44302(e), 
as redesignated by subsection (a)(1)(B), is amended by striking 
``December 31, 2006,'' and inserting ``December 31, 2008,''.</DELETED>
    (b) </DELETED>(a) Third Party Liability.--Section 44303(b) is 
amended by striking ``December 31, 2006,'' and inserting ``December 31, 
2012,''.
    <DELETED>(c) </DELETED>(b) Extension of Program Authority.--Section 
44310 is amended by striking ``March 30, 2008.'' and inserting 
<DELETED>``March 30, 2013.''. </DELETED>``October 1, 2017.''.

SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.

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

SEC. 703. AIRPORT PROGRAM MODIFICATIONS.

    The Administrator of the Federal Aviation Administration--
            (1) shall establish a formal, structured certification 
        training program for the airport concessions disadvantaged 
        business enterprise program; and
            (2) may appoint 3 additional staff to implement the 
        programs of the airport concessions disadvantaged business 
        enterprise initiative.

SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.

    (a) Extension of Metropolitan Washington Airports Authority.--
Section 49108 is amended by striking ``2008,'' and inserting ``2011,''.
    (b) Marshall Islands, Federated States of Micronesia, and Palau.--
Section 47115(j) is amended by striking ``2007,'' and inserting 
``2011,''.
    (c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (17 Stat. 2518) is amended by 
striking ``October 1, 2007,'' and inserting ``October 1, 2011,''.

SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

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

    (a) In General.--A pilot who has attained 60 years of age may serve 
as a pilot of an aircraft operated by an air carrier engaged in 
operations under part 121 of title 14, Code of Federal Regulations, 
until attaining 65 years of age only if the pilot serves--
            (1) as a required pilot in multi-crew aircraft operations; 
        and
            (2) with another pilot serving as a required pilot in such 
        multi-crew aircraft operations who has not yet attained 60 
        years of age.
    (b) Sunset of Age-60 Rule.--
            (1) In general.--<DELETED>On and after the effective date 
        described in subsection (e), section </DELETED>Section 
        121.383(c) of title 14, Code of Federal Regulations shall have 
        no further force or effect.
            (2) Regulations.--Not later than 30 days after <DELETED>the 
        effective date described in subsection (e), </DELETED>paragraph 
        (1) takes effect, the Secretary of Transportation shall take 
        such action as may be necessary to implement paragraph (1) and 
        to modify the regulations relating to pilot privileges by 
        reason of age.
    (c) Applicability.--The provisions of subsection (a) shall not 
provide a basis for a claim of seniority under any labor agreement in 
effect between a recognized bargaining unit for pilots and an air 
carrier engaged in operations under part 121 of title 14, Code of 
Federal Regulations, that is made by a person who was a pilot and who 
attained 60 years of age before <DELETED>the effective date described 
in subsection (e) </DELETED>this section takes effect and is seeking a 
position as a pilot with such air carrier following that person's 
termination or cessation of employment or promotion or transfer to 
another position with such air carrier pursuant to section 121.383(c) 
of title 14, Code of Federal Regulations, as in effect on the day 
before the effective date <DELETED>described in subsection (e). 
</DELETED>of this section.
    (d) GAO Report After Modification of Age-60 Standard.--Not later 
than 24 months after the effective date described in subsection (e), 
the Comptroller General of the United States shall report to the 
<DELETED>Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives </DELETED>Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure concerning the effect on aviation 
safety, if any, of the modification of the age standard contained in 
subsection (a).
    (e) Effective Date.--This section shall take effect <DELETED>on the 
date that is</DELETED> 30 days after the date of the enactment of this 
Act.

SEC. 707. UPDATE ON OVERFLIGHTS.

    Section 45301(b) is amended to read as follows:
    ``(b) Limitations.--
            ``(1) In general.--In establishing fees under subsection 
        (a), the Administrator shall ensure that the fees required by 
        subsection (a) are reasonably related to the Administration's 
        costs, as determined by the Administrator, of providing the 
        services rendered. Services for which costs may be recovered 
        include the costs of air traffic control, navigation, weather 
        services, training, and emergency services which are available 
        to facilitate safe transportation over the United States, and 
        other services provided by the Administrator or by programs 
        financed by the Administrator to flights that neither take off 
        nor land in the United States. The determination of such costs 
        by the Administrator is not subject to judicial review.
            ``(2) Adjustment of fees.--The Administrator shall adjust 
        the overflight fees established by subsection (a)(1) by 
        expedited rulemaking and begin collections under the adjusted 
        fees by October 1, 2008. In developing the adjusted overflight 
        fees, the Administrator shall seek and consider the 
        recommendations offered by the Aviation Rulemaking Committee 
        for Overflight Fees that are intended to ensure that overflight 
        fees are reasonably related to the Administrator's costs of 
        providing air traffic control and related services to 
        overflights. In addition, the Administrator may periodically 
        modify the fees established under this section either on the 
        Administrator's own initiative or on a recommendation from the 
        Air Traffic Control Modernization Board.
            ``(3) Cost data.--The adjustment of overflight fees under 
        paragraph (2) shall be based on the costs to the Administration 
        of providing the air traffic control and related activities, 
        services, facilities, and equipment using the available data 
        derived from the Administration's cost accounting system and 
        cost allocation system to users, as well as budget and 
        operational data.
            ``(4) Aircraft altitude.--Nothing in this section shall 
        require the Administrator to take into account aircraft 
        altitude in establishing any fee for aircraft operations in en 
        route or oceanic airspace.
            ``(5) Administrative provisions.--Section <DELETED>48515(c) 
        </DELETED>48115(c) shall apply to the imposition and collection 
        of overflight fees established under this section. For the 
        purpose of applying that section to such fees, any reference in 
        section 48515(c) to `surcharge' or `surcharges' is deemed to 
        refer to `overflight fee' or `overflight fees', respectively.
            ``(6) Costs defined.--In this subsection, the term `costs' 
        means those costs associated with the operation, maintenance, 
        debt service, and overhead expenses of the services provided 
        and the facilities and equipment used in such services, 
        including the projected costs for the period during which the 
        services will be provided.
            ``(7) Publication; comment.--The Administrator shall 
        publish in the Federal Register any fee schedule under this 
        section, including any adjusted overflight fee schedule, and 
        the associated collection process as an interim final rule, 
        pursuant to which public comment will be sought and a final 
        rule issued.''.

SEC. 708. TECHNICAL CORRECTIONS.

    Section <DELETED>41022(g) </DELETED>40122(g), as amended by section 
307 of this Act, is further amended--
            (1) by striking ``2302(b), relating to whistleblower 
        protection,'' in paragraph (2)(A) and inserting ``2302,''; 
        <DELETED>and 
        </DELETED>    (2) by striking ``and'' after the semicolon in 
        paragraph (2)(H).
            (3) by striking ``Plan.'' in paragraph (2)(I)(iii) and 
        inserting ``Plan; and'';
            (4) by adding at the end of paragraph (2) the following:
                    ``(J) sections 6381 through 6387, relating to 
                Family and Medical Leave.''; and
            <DELETED>(2) </DELETED>(5) by adding at the end of 
        paragraph (3) ``Notwithstanding any other provision of law, 
        retroactive to April 1, 1996, the Board shall have the same 
        remedial authority over such employee appeals that it had as of 
        March 31, 1996.''.

SEC. 709. FAA TECHNICAL TRAINING AND STAFFING.

    (a) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the training of airway transportation systems 
        specialists of the Federal Aviation Administration that 
        includes--
                    (A) an analysis of the type of training provided to 
                such specialists;
                    (B) an analysis of the type of training that such 
                specialists need to be proficient in the maintenance of 
                the latest technologies;
                    (C) actions that the Administration has undertaken 
                to ensure that such specialists receive up-to-date 
                training on such technologies;
                    (D) the amount and cost of training provided by 
                vendors for such specialists;
                    (E) the amount and cost of training provided by the 
                Administration after developing in-house training 
                courses for such specialists;
                    (F) the amount and cost of travel required of such 
                specialists in receiving training; and
                    (G) a recommendation regarding the most cost-
                effective approach to providing such training.
            (2) Report.--Within 1 year after the date of enactment of 
        this Act, the Comptroller General shall transmit a report on 
        the study containing the Comptroller General's findings and 
        recommendations to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure.
    (b) Study by National Academy of Sciences.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall contract with the National 
        Academy of Sciences to conduct a study of the assumptions and 
        methods used by the Federal Aviation Administration to estimate 
        staffing needs for Federal Aviation Administration air traffic 
        controllers and system specialists to ensure proper maintenance 
        and certification of the National Airspace System. The National 
        Academy of Sciences shall consult with the Exclusive Bargaining 
        Representative certified under section 7111 of title 5, United 
        States Code, and the Administration (including the Civil 
        Aeronautical Medical Institute) and examine data entailing 
        human factors, traffic activity, and the technology at each 
        facility.
            (2) Contents.--The study shall include--
                    (A) recommendations for objective staffing 
                standards that maintain the safety of the National 
                Airspace System; and
                    (B) the approximate length of time for developing 
                such standards.
            (3) Report.--Not later than 24 months after executing a 
        contract under subsection (a), the National Academy of Sciences 
        shall transmit a report containing its findings and 
        recommendations to the Congress.
    <DELETED>(b) </DELETED>(c) Safety Staffing Model.--Within 18 months 
after the date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall develop a staffing model for 
aviation safety inspectors. In developing the model, the Administrator 
shall consult with representatives of the aviation safety inspectors 
and other interested parties.

SEC. 710. COMMERCIAL AIR TOUR OPERATORS IN NATIONAL PARKS.

    (a) Secretary of the Interior and Overflights of National Parks.--
            (1) Section 40128 is amended--
                    (A) by striking paragraph (8) of subsection (f);
                    (B) by striking ``Director'' each place it appears 
                and inserting ``Secretary of the Interior'';
                    (C) by striking ``National Park Service'' in 
                subsection (a)(2)(B)(vi) and inserting ``Department of 
                the Interior''; and
                    (D) by striking ``National Park Service'' in 
                subsection (b)(4)(C) and inserting ``Department of the 
                Interior''.
            (2) The National Parks Air Tour Management Act of 2000 (49 
        U.S.C. 40128 note) is amended--
                    (A) by striking ``Director'' in section 804(b) and 
                inserting ``Secretary of the Interior'';
                    (B) in section 805--
                            (i) by striking ``Director of the National 
                        Park Service'' in subsection (a) and inserting 
                        ``Secretary of the Interior'';
                            (ii) by striking ``Director'' each place it 
                        appears and inserting ``Secretary of the 
                        Interior'';
                            (iii) by striking ``National Park Service'' 
                        each place it appears in subsection (b) and 
                        inserting ``Department of the Interior'';
                            (iv) by striking ``National Park Service'' 
                        in subsection (d)(2) and inserting ``Department 
                        of the Interior''; and
                    (C) in section 807--
                            (i) by striking ``National Park Service'' 
                        in subsection (a)(1) and inserting ``Department 
                        of the Interior''; and
                            (ii) by striking ``Director of the National 
                        Park Service'' in subsection (b) and inserting 
                        ``Secretary of the Interior''.
    (b) Allowing Overflights in Case of Agreement.--Paragraph (1) of 
subsection (a) of section 40128 is amended--
            (1) by striking ``and'' in subparagraph (B);
            (2) by striking ``lands.'' in subparagraph (C) and 
        inserting ``lands; and''; and
            (3) by adding at the end the following:
                    ``(D) in accordance with a voluntary agreement 
                between the commercial air tour operator and 
                appropriate representatives of the national park or 
                tribal lands, as the case may be.''.
    (c) Additional Exemptions to Air Tour Management Plans.--Subsection 
(a) of section 40128 is further amended by adding at the end the 
following:
            ``(5) Waiver for national parks with 100 or fewer 
        commercial air tour operations per year.--
                    ``(A) In general.--Subject to subparagraph (B), and 
                without further administrative or environmental 
                process, the Secretary may waive the requirements of 
                this section with respect to a national park over which 
                100 or fewer commercial air tour operations are 
                conducted in a year.
                    ``(B) Exception to waiver if necessary to protect 
                park resources.--
                            ``(i) In general.--The Secretary may not 
                        waive the requirements of this section if the 
                        Secretary determines that an air tour 
                        management plan is necessary to protect park 
                        resources and values.
                            ``(ii) Notice and publication.--The 
                        Secretary shall inform the Administrator in 
                        writing of the determinations under clause (i), 
                        and the Secretary and the Administrator shall 
                        publish in the Federal Register a list of the 
                        national parks that fall under this 
                        subparagraph.
            ``(6) Waiver with respect to voluntary agreements.--
                    ``(A) In general.--The Secretary may waive the 
                requirements of this section if a commercial air tour 
                operator enters into a voluntary agreement with a 
                national park to manage commercial air tour operations 
                over the national park.
                    ``(B) Purpose of voluntary agreements.--A voluntary 
                agreement described in subparagraph (A) shall seek to 
                protect park resources and visitor experiences without 
                compromising aviation safety, and may--
                            ``(i) include provisions described in 
                        subparagraph (B) through (E) of subsection 
                        (b)(3);
                            ``(ii) include provisions to ensure the 
                        stability of, and compliance with, the 
                        provisions of the voluntary agreement; and
                            ``(iii) set forth a fee schedule for 
                        operating over the national park.
                    ``(C) Consultation.--Before entering into a 
                voluntary agreement described in subparagraph (A), a 
                national park shall consult with any Indian tribe over 
                whose tribal lands a commercial air tour operator may 
                conduct commercial air tour operations pursuant to the 
                voluntary agreement.
                    ``(D) Review and approval by the secretary and the 
                administrator.--
                            ``(i) Review.--Before executing a voluntary 
                        agreement described in subparagraph (A), a 
                        national park shall submit the voluntary 
                        agreement to the Secretary and the 
                        Administrator for review and approval.
                            ``(ii) Approval.--Not later than 60 days 
                        after receiving the agreement from the national 
                        park, the Secretary and the Administrator shall 
                        inform the national park of the determination 
                        of the Secretary and the Administrator 
                        regarding the approval of the agreement.
                    ``(E) Rescission of voluntary agreement.--
                            ``(i) By the secretary.--The Secretary may 
                        rescind a voluntary agreement described in 
                        subparagraph (A) if the Secretary determines 
                        that the agreement does not adequately protect 
                        park resources or visitor experiences.
                            ``(ii) By the administrator.--The 
                        Administrator may rescind a voluntary agreement 
                        described in subparagraph (A) if the 
                        Administrator determines that the agreement 
                        adversely affects aviation safety or the 
                        management of the national airspace system.
                            ``(iii) Effect of rescission.--If the 
                        Secretary or the Administrator rescinds a 
                        voluntary agreement described in subparagraph 
                        (A), the commercial air tour operator that was 
                        a party to the agreement shall operate under 
                        the requirements for interim operating 
                        authority of subsection (c) until an air tour 
                        management plan for the national park becomes 
                        effective.''.
    (d) Modification of Interim Operating Authority.--Subsection 
(c)(2)(I) of section 40128 is amended to read as follows:
                    ``(I) may allow for modifications of the interim 
                operating authority without further environmental 
                process, if--
                            ``(i) adequate information on the existing 
                        and proposed operations of the commercial air 
                        tour operator is provided to the Administrator 
                        and the Secretary by the operator seeking 
                        operating authority;
                            ``(ii) the Administrator determines that 
                        the modifications would not adversely affect 
                        aviation safety or the management of the 
                        national airspace system; and
                            ``(iii) the Secretary agrees that the 
                        modifications would not adversely affect park 
                        resources and visitor experiences.''.
    (e) Reporting Requirements for Commercial Air Tour Operators.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and annually thereafter, each 
        commercial air tour conducting commercial air tour operations 
        over a national park shall report to the Administrator of the 
        Federal Aviation Administration and the Secretary of the 
        Interior on--
                    (A) the number of commercial air tour operations 
                conducted by such operator over the national park each 
                day;
                    (B) any relevant characteristics of commercial air 
                tour operations, including the routes, altitudes, 
                duration, and time of day of flights; and
                    (C) such other information as the Administrator and 
                the Secretary may determine necessary to administer the 
                provisions of the National Parks Air Tour Management 
                Act of 2000 (49 U.S.C. 40128 note).
            (2) Format.--The report required by paragraph (1) shall be 
        submitted in such form as the Administrator and the Secretary 
        determine to be appropriate.
            (3) Effect of failure to report.--The Administrator shall 
        rescind the operating authority of a commercial air tour 
        operator that fails to file a report not later than 180 days 
        after the date for the submittal of the report described in 
        paragraph (1).
            (4) Audit of reports.--Not later than 2 years after the 
        date of the enactment of this Act, and at such times thereafter 
        as the Inspector General of the Department of Transportation 
        determines necessary, the Inspector General shall audit the 
        reports required by paragraph (1).
    (f) Collection of Fees From Air Tour Operations.--
            (1) In general.--The Secretary of the Interior may assess a 
        fee in an amount determined by the Secretary under paragraph 
        (2) on a commercial air tour operator conducting commercial air 
        tour operations over a national park.
            (2) Amount of fee.--In determining the amount of the fee 
        assessed under paragraph (1), the Secretary shall consider the 
        cost of developing air tour management plans for each national 
        park.
            (3) Effect of failure to pay fee.--The Administrator of the 
        Federal Aviation Administration shall revoke the operating 
        authority of a commercial air tour operator conducting 
        commercial air tour operations over any national park, 
        including the Grand Canyon National Park, that has not paid the 
        fee assessed by the Secretary under paragraph (1) by the date 
        that is 180 days after the date on which the Secretary 
        determines the fee shall be paid.
    (g) Authorization of Appropriations for Air Tour Management 
Plans.--
            (1) In general.--There are authorized to be appropriated 
        $10,000,000 to the Secretary of the Interior for the 
        development of air tour management plans under section 40128(b) 
        of title 49, United States Code.
            (2) Use of funds.--The funds authorized to be appropriated 
        by paragraph (1) shall be used to develop air tour management 
        plans for the national parks the Secretary determines would 
        most benefit from such a plan.
    (h) Guidance to District Offices on Commercial Air Tour 
Operators.--The Administrator of the Federal Aviation Administration 
shall provide to the Administration's district offices clear guidance 
on the ability of commercial air tour operators to obtain--
            (1) increased safety certifications;
            (2) exemptions from regulations requiring safety 
        certifications; and
            (3) other information regarding compliance with the 
        requirements of this Act and other Federal and State laws and 
        regulations.
    (i) Operating Authority of Commercial Air Tour Operators.--
            (1) Transfer of operating authority.--
                    (A) In general.--Subject to subparagraph (B), a 
                commercial air tour operator that obtains operating 
                authority from the Administrator under section 40128 of 
                title 49, United States Code, to conduct commercial air 
                tour operations may transfer such authority to another 
                commercial air tour operator at any time.
                    (B) Notice.--Not later than 30 days before the date 
                on which a commercial air tour operator transfers 
                operating authority under subparagraph (A), the 
                operator shall notify the Administrator and the 
                Secretary of the intent of the operator to transfer 
                such authority.
                    (C) Regulations.--Not later than 180 days after the 
                date of the enactment of this Act, the Administrator 
                shall prescribe regulations to allow transfers of 
                operating authority described in subparagraph (A).
            (2) Time for determination regarding operating authority.--
        Notwithstanding any other provision of law, the Administrator 
        shall determine whether to grant a commercial air tour operator 
        operating authority under section 40128 of title 49, United 
        States Code, not later than 180 days after the earlier of the 
        date on which--
                    (A) the operator submits an application; or
                    (B) an air tour management plan is completed for 
                the national park over which the operator seeks to 
                conduct commercial air tour operations.
            (3) Increase in interim operating authority.--The 
        Administrator and the Secretary may increase the interim 
        operating authority while an air tour management plan is being 
        developed for a park if--
                    (A) the Secretary determines that such an increase 
                does not adversely impact park resources or visitor 
                experiences; and
                    (B) the Administrator determines that granting 
                interim operating authority does not adversely affect 
                aviation safety or the management of the national 
                airspace system.
            (4) Enforcement of operating authority.--The Administrator 
        is authorized and directed to enforce the requirements of this 
        Act and any agency rules or regulations related to operating 
        authority.

SEC. 711. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT.

    (a) In General.--Subchapter II of chapter 475 is amended by adding 
at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with Stage 3 noise levels
    ``(a) Prohibition.--Except as provided in subsection (b), (c), or 
(d), a person may not operate a civil subsonic turbojet with a maximum 
weight of 75,000 pounds or less to or from an airport in the United 
States unless the Secretary of Transportation finds that the aircraft 
complies with stage 3 noise levels.
    ``(b) Exception.--Subsection (a) shall not apply to aircraft 
operated only outside the 48 contiguous States.
    ``(c) Opt-Out.--Subsection (a) shall not apply at an airport where 
the airport operator has notified the Secretary that it wants to 
continue to permit the operation of civil subsonic turbojets with a 
maximum weight of 75,000 pounds or less that do not comply with stage 3 
noise levels. The Secretary shall post the notices received under this 
subsection on its website or in another place easily accessible to the 
public.
    ``(d) Limitation.--The Secretary shall permit a person to operate 
Stage 1 and Stage 2 aircraft with a maximum weight of 75,000 pounds or 
less to or from an airport in the contiguous 48 States in order--
            ``(1) to sell, lease, or use the aircraft outside the 48 
        contiguous States;
            ``(2) to scrap the aircraft;
            ``(3) to obtain modifications to the aircraft to meet stage 
        3 noise levels;
            ``(4) to perform scheduled heavy maintenance or significant 
        modifications on the aircraft at a maintenance facility located 
        in the contiguous 48 states;
            ``(5) to deliver the aircraft to an operator leasing the 
        aircraft from the owner or return the aircraft to the lessor;
            ``(6) to prepare or park or store the aircraft in 
        anticipation of any of the activities described in paragraphs 
        (1) through (5); or
            ``(7) to divert the aircraft to an alternative airport in 
        the 48 contiguous States on account of weather, mechanical, 
        fuel air traffic control or other safety reasons while 
        conducting a flight in order to perform any of the activities 
        described in paragraphs (1) through (6).
    ``(e) Statutory Construction.--Nothing in the section may be 
construed as interfering with, nullifying, or otherwise affecting 
determinations made by the Federal Aviation Administration, or to be 
made by the Administration, with respect to applications under part 161 
of title 14, Code of Federal Regulations, that were pending on the date 
of enactment of the Aircraft Noise Reduction Act of 2006.''.
    (b) Conforming Amendments.--
            (1) Section 47531 is amended by striking ``47529, or 
        47530'' and inserting ``47529, 47530, or 47534''.
            (2) Section 47532 is amended by striking ``47528-47531'' 
        and inserting ``47528 through 47531 or 47534''.
            (3) The chapter analysis for chapter 475 is amended by 
        inserting after the item relating to section 47533 the 
        following:

``47534. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with stage 3 
                            noise levels.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 5 years after the date of enactment of this Act.

SEC. 712. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.

    On and after the date of the enactment of this Act, the 
Administrator of the Federal Aviation Administration is prohibited from 
taking actions designed to challenge or influence weight restrictions 
or prior permission rules at Teterboro Airport in Teterboro, New 
Jersey.

SEC. 713. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION ISSUES.

    (a) Application of Railway Labor Act to Mergers and Acquisitions.--
Section 6 of the Railway Labor Act (45 U.S.C. 156) is amended by 
inserting ``, including changes sought in the context of a merger or 
acquisition involving the carrier,'' after ``written notice of an 
intended change in agreements''.
    (b) Labor Integration.--With respect to any covered transaction 
involving a covered air carrier that results in the combination of 
crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 
151 et seq.), the labor protective provisions imposed by the Civil 
Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 
C.A.B. 45) shall apply to the covered employees of the covered air 
carrier.
    (c) Enforcement.--Any individual (including any labor organization 
that represents the individual) who is aggrieved as a result of a 
violation of the labor protective provisions applied under subsection 
(a) may bring an action to enforce this section, or to enforce the 
terms of any award or agreement resulting from arbitration or a 
settlement relating to the requirements of this section. An action 
under this subsection shall be brought in an appropriate Federal 
district court, determined in accordance with section 1391 of title 28, 
United States Code, without regard to the amount in controversy.
    (d) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' means an air 
        carrier that holds a certificate issued under chapter 411 of 
        title 49, United States Code.
            (2) Covered air carrier.--The term ``covered air carrier'' 
        means an air carrier that is involved in a covered transaction.
            (3) Covered employee.--The term ``covered employee'' means 
        an employee who--
                    (A) is not a temporary employee; and
                    (B) is a member of a craft or class that is subject 
                to the Railway Labor Act (45 U.S.C. 151 et seq.).
            (4) Covered transaction.--The term ``covered transaction'' 
        means a transaction that--
                    (A) is a transaction for the combination of 
                multiple air carriers into a single air carrier; and
                    (B) involves the transfer of ownership or control 
                of--
                            (i) 50 percent or more of the equity 
                        securities (as defined in section 101 of title 
                        11, United States Code) of an air carrier; or
                            (ii) 50 percent or more (by value) of the 
                        assets of the air carrier.

SEC. 714. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
establish a pilot program for local airport operators that have 
submitted a noise compatibility program to the Federal Aviation 
Administration, from funds apportioned under section 47504 or section 
40117 of title 49, United States Code, in partnership with affected 
neighboring local jurisdictions, to support planning and site 
preparation for the assembly and redevelopment of property purchased 
with noise mitigation funds or passenger facility charge funds, to 
encourage airport-compatible land uses and generate economic benefits 
to the local airport authority and adjacent community.
    (b) Noise Compatability Measures.--Section 47504(a)(2) is amended
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``operations.'' in subparagraph (E) and 
        inserting ``operations;''; and
            (3) by adding at the end the following:
            ``(F) joint comprehensive land use planning including 
        master plans, traffic studies, environmental evaluation and 
        economic and feasibility studies, with neighboring local 
        jurisdictions undertaking community redevelopment in the area 
        where the land or other property interests acquired by the 
        airport operator pursuant to this subsection is located, to 
        encourage and enhance redevelopment opportunities that reflect 
        zoning and uses that will prevent the introduction of 
        additional incompatible uses and enhance redevelopment 
        potential; and
            ``(G) utility upgrades and other site preparation 
        efforts.''.
    (c) Eligible Project Definition.--Section 40117(a)(3) is amended by 
adding at the end thereof the following:
                    ``(H) A project for comprehensive planning and 
                redevelopment activities for properties acquired under 
                section 47504, including master plans, traffic studies, 
                environmental evaluation, economic and feasibility 
                studies, rezoning and re-platting efforts, utility 
                upgrades and site preparation in cooperation with 
                neighboring local jurisdictions undertaking community 
                redevelopment in the area.''.
    (d) Grant Requirements.--The Administrator may not make a grant 
under subsection (a) unless the grant is made--
            (1) to enable the airport operator and local jurisdictions 
        undertaking the community redevelopment effort to expedite 
        redevelopment efforts; and
            (2) subject to a requirement that the local jurisdiction 
        governing the property interests in question has adopted zoning 
        regulations that permit airport compatible redevelopment.
    (e) Demonstration Grants.--
            (1) In general.--The Administrator shall provide grants for 
        up to 4 pilot property redevelopment demonstration projects 
        distributed geographically and targeted to airports that 
        demonstrate--
                    (A) a readiness to implement cooperative land use 
                management and redevelopment plans with the adjacent 
                community; and
                    (B) the probability of clear economic benefit to 
                the local community and financial return to the airport 
                through the implementation of the redevelopment plan.
            (2) Matching requirement.--The amount of a grant under the 
        program may not exceed 90 percent of the costs of the overall 
        project.
    (f) Report to Congress.--The Administrator shall report to Congress 
within 18 months after making the first grant under this section on the 
effectiveness of this program on returning Part 150 lands to productive 
use.
                                                       Calendar No. 329

110th CONGRESS

  1st Session

                                S. 1300

                          [Report No. 110-144]

_______________________________________________________________________

                                 AN ACT

To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2008 through 2011, 
 to improve aviation safety and capacity, to modernize the air traffic 
                control system, and for other purposes.

_______________________________________________________________________

                             August 3, 2007

                        Reported with amendments
```