II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


bajohnson on PROD1PC77 with BILLS
2 

•S 1300 RS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Aviation Investment and Modernization Act of 2007’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 


bajohnson on PROD1PC77 with BILLS
3 

•S 1300 RS 

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. 


bajohnson on PROD1PC77 with BILLS
4 

•S 1300 RS 

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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 49, United States 

7 Code. 

8 SEC. 3. EFFECTIVE DATE. 

9 Except as otherwise expressly provided, this Act and 

10 the amendments made by this Act shall take effect on the 

11 date of enactment. 

12 TITLE I—AUTHORIZATIONS AND 

13 FINANCING 

14 SEC. 101. OPERATIONS. 

15 Section 106(k)(1) is amended by striking subpara16 graphs (A) through (D) and inserting the following: 

17 ‘‘(A) $8,726,000,000 for fiscal year 2008; 

18 ‘‘(B) $8,978,000,000 for fiscal year 2009; 


bajohnson on PROD1PC77 with BILLS
5 

•S 1300 RS 

1 ‘‘(C) $9,305,000,000 for fiscal year 2010; 

2 and 

3 ‘‘(D) $9,590,000,000 for fiscal year 

4 2011.’’. 

5 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

6 Section 48101(a) is amended by striking paragraphs 

7 (1) through (4) and inserting the following: 

8 ‘‘(1) $2,572,000,000 for fiscal year 2008; 

9 ‘‘(2) $2,923,000,000 for fiscal year 2009, of 

10 which $412,000,000 is derived from the surcharge 

11 imposed under section 48115; 

12 ‘‘(3) $3,079,000,000 for fiscal year 2010, of 

13 which $423,000,000 is derived from the surcharge 

14 imposed under section 48115; and 

15 ‘‘(4) $3,317,000,000 for fiscal year 2011, of 

16 which $436,000,000 is derived from the surcharge 

17 imposed under section 48115.’’. 

18 SEC. 103. RESEARCH AND DEVELOPMENT. 

19 Section 48102 is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) IN GENERAL.—Not more than the following 

23 amounts may be appropriated to the Secretary of Trans24 portation out of the Airport and Airway Trust Fund es25 tablished under section 9502 of the Internal Revenue Code 


bajohnson on PROD1PC77 with BILLS
6 

•S 1300 RS 

1 of 1986 (26 U.S.C. 9502) for conducting civil aviation re2 search and development under sections 44504, 44505, 

3 44507, 44509, and 44511 through 44513 of this title: 

4 ‘‘(1) $140,000,000 for fiscal year 2008. 

5 ‘‘(2) $191,000,000 for fiscal year 2009. 

6 ‘‘(3) $191,000,000 for fiscal year 2010. 

7 ‘‘(4) $194,000,000 for fiscal year 2011.’’; 

8 (2) by striking subsections (c) through (h); and 

9 (3) by adding at the end the following: 

10 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN11 DERGRADUATE STUDENTS.—The Administrator of the 

12 Federal Aviation Administration shall establish a program 

13 to utilize undergraduate and technical colleges, including 

14 Historically Black Colleges and Universities, Hispanic 

15 Serving Institutions, tribally controlled colleges and uni16 versities, and Alaska Native and Native Hawaiian serving 

17 institutions in research on subjects of relevance to the 

18 Federal Aviation Administration. Grants may be awarded 

19 under this subsection for— 

20 ‘‘(1) research projects to be carried out at pri21 marily undergraduate institutions and technical col22 leges; 

23 ‘‘(2) research projects that combine research at 

24 primarily undergraduate institutions and technical 


bajohnson on PROD1PC77 with BILLS
7 

•S 1300 RS 

1 colleges with other research supported by the Fed2 eral Aviation Administration; 

3 ‘‘(3) research on future training requirements 

4 on projected changes in regulatory requirements for 

5 aircraft maintenance and power plant licensees; or 

6 ‘‘(4) research on the impact of new technologies 

7 and procedures, particularly those related to aircraft 

8 flight deck and air traffic management functions, 

9 and on training requirements for pilots and air traf10 fic controllers.’’. 

11 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

12 NOISE COMPATIBILITY PLANNING AND PRO13 GRAMS. 

14 Section 48103 is amended by striking paragraphs (1) 

15 through (4) and inserting the following: 

16 ‘‘(1) $3,800,000,000 for fiscal year 2008; 

17 ‘‘(2) $3,900,000,000 for fiscal year 2009; 

18 ‘‘(3) $4,000,000,000 for fiscal year 2010; and 

19 ‘‘(4) $4,100,000,000 for fiscal year 2011.’’; 

20 2011.’’. 

21 SEC. 105. OTHER AVIATION PROGRAMS. 

22 Section 48114 is amended— 

23 (1) by striking ‘‘2007’’ in subsection (a)(1)(A) 

24 and inserting ‘‘2011’’; 


bajohnson on PROD1PC77 with BILLS
8 

•S 1300 RS 

1 (2) by striking ‘‘2007,’’ in subsection (a)(2) and 

2 inserting ‘‘2011,’’; and 

3 (3) by striking ‘‘2007’’ in subsection (c)(2) and 

4 inserting ‘‘2011’’. 

5 SEC. 106. AIR TRAFFIC MODERNIZATION FUND. 

6 (a) IN GENERAL.—Chapter 481 is amended by add7 ing at the end the following: 

8 ‘‘§ 48115. Modernization surcharge 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) Not later than October 1, 2008, the Ad11 ministrator of the Federal Aviation Administration 

12 shall impose a surcharge of $25 per flight for air 

13 traffic control costs. Except as provided in sub14 section (b), owners or operators of aircraft in the 

15 national airspace system shall pay the surcharges as16 sessed under this section. 

17 ‘‘(2) SURCHARGE CREDITED AS OFFSETTING

18 COLLECTIONS.—Any surcharge collected under this 

19 section shall, subject to appropriation made in ad20 vance— 

21 ‘‘(A) be deposited in an Air Traffic Mod22 ernization Fund which shall be established in 

23 the Treasury; 


bajohnson on PROD1PC77 with BILLS
9 

•S 1300 RS 

1 ‘‘(B) be credited as offsetting collections to 

2 the account established under section 48101 of 

3 this title; and 

4 ‘‘(C) be available to the Administrator for 

5 expenditure only to pay the costs of Next Gen6 eration Air Transportation System projects list7 ed in the Capital Investment Plan required by 

8 section 44501 and approved by the Air Traffic 

9 Control Modernization Oversight Board. 

10 ‘‘(3) EFFECT OF LAW ON SURCHARGE COLLEC11 TION.—The Administrator may continue to assess 

12 and collect and spend surcharges established under 

13 this section during any period in which the agency’s 

14 funding is provided under an Act providing con15 tinuing appropriations in lieu of the agency’s regular 

16 appropriations. The Administrator may not assess or 

17 collect a surcharge established under this section for 

18 any fiscal year for which no annual appropriations 

19 Act is enacted that appropriates at least the amount 

20 authorized by section 48101 for that fiscal year less 

21 the amount required by section 48116(c). 

22 ‘‘(b) EXCEPTIONS.— 

23 ‘‘(1) MILITARY AND OTHER PUBLIC CERTAIN

24 OTHER AIRCRAFT.—A surcharge may not be as25 sessed under this section for military aircraft, public 


bajohnson on PROD1PC77 with BILLS
10 

•S 1300 RS 

1 aircraft (as defined in section 40102 of this sub2 title), air ambulance aircraft, agricultural aircraft, 

3 or to for military or non-commercial civil aircraft of 

4 a foreign government. 

5 ‘‘(2) GENERAL AVIATION EXEMPTIONS EXEMP6 TION APPLICABILITY.—A surcharge may not be as7 sessed under this section for— 

8 ‘‘(A) piston engined aircraft; or 

9 ‘‘(B) turboprop or turboshaft aircraft oper10 ating outside of controlled airspace. 

11 ‘‘(3) FLIGHT PLAN INFORMATION.—Any person 

12 required to file a flight plan with the Administra13 tion, including operators of flights described in para14 graphs (1) and (2), shall specify in the plan whether 

15 the person is engaged in an operation for compensa16 tion or hire, or a general aviation operation, or a 

17 military or public aircraft operation, for operation 

18 for purposes of this section. 

19 ‘‘(4) CANADA TO CANADA FLIGHTS.—The Ad20 ministrator may waive a surcharge that would other21 wise be assessed under this chapter for flights that 

22 operate in United States-controlled airspace but 

23 takeoff and land at an airport in Canada without an 

24 intermediate stop outside Canada, if the Adminis25 trator determines that not assessing and collecting 


bajohnson on PROD1PC77 with BILLS
11 

•S 1300 RS 

1 the surcharge for such flights would be in the public 

2 interest. 

3 ‘‘(5) INTRASTATE FLIGHTS.—For the purpose 

4 of applying this section to intrastate flights in a 

5 State that is not contiguous with another State, a 

6 surcharge— 

7 ‘‘(A) may not be assessed for more than 2 

8 intrastate departures for a continuing intrastate 

9 flight; and 

10 ‘‘(B) may not be applied to a departure 

11 from an airport for which basic essential air 

12 service is provided under subchapter II of chap13 ter 417 of this title. 

14 ‘‘(5) INTRASTATE FLIGHTS.—For the purpose of 

15 applying this section to intrastate flights in a State 

16 that is not contiguous with another State, a surcharge 

17 may not be applied to any flight that originates or 

18 terminates at an airport, or in airspace, that is not 

19 controlled by a terminal radar approach control facil20 ity or a Combined Center/Radar Approach Control 

21 facility or to any flight that originates and termi22 nates at an airport, or in airspace, that is not con23 trolled by a terminal radar approach control facility 

24 or a Combined Center/Radar Approach Control facil25 ity. 


bajohnson on PROD1PC77 with BILLS
12 

•S 1300 RS 

1 ‘‘(6) TRAINING FLIGHTS.—The Administrator 

2 may grant an exemption from a surcharge imposed 

3 under this subsection to an individual intending to 

4 conduct training flights. An individual seeking such 

5 an exemption shall submit a request to the Adminis6 trator in such form and manner as the Administrator 

7 may require. 

8 ‘‘(c) ADMINISTRATIVE PROVISIONS.— 

9 ‘‘(1) SURCHARGES PAYABLE TO THE ADMINIS10 TRATOR.—Surcharges assessed and amounts col11 lected under this section are payable to the Adminis12 trator. The Administrator may refund any sur13 charge, or portion thereof, paid by mistake in excess 

14 of the amount required. The Administrator may 

15 enter into agreements with other Federal agencies to 

16 collect surcharges assessed under this section on be17 half of the Administration. 

18 ‘‘(2) COLLECTION PROCEDURES.—The Admin19 istrator shall establish procedures for the collection 

20 of surcharges. These procedures shall establish the 

21 frequency of payment, deadlines for payment, a 

22 maximum amount of surcharges that may be out23 standing on the account of any person, and such 

24 other limitations and conditions as the AdminisVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
13 

•S 1300 RS 

1 trator determines are necessary to obtain prompt 

2 payment of surcharges. 

3 ‘‘(3) FAILURE TO PAY REQUIRED SUR4 CHARGES.—If the Administrator determines that 

5 any person has failed to pay surcharges when due 

6 under this section, or to comply with any limitation 

7 or condition on payment under this section, or has 

8 failed to provide the Administration with the correct 

9 information in the person’s flight plan or by other 

10 means regarding the nature of the flight, including 

11 whether the person engaged in an operation for com12 pensation or hire or general aviation operation, the 

13 Administrator may— 

14 ‘‘(A) assess interest charges, using a rate 

15 equal to 150 percent of a rate determined by 

16 the Secretary based on the average of bond 

17 equivalent yields on 13-week Treasury bills auc18 tioned during the previous calendar quarter, to 

19 be predetermined quarterly, on amounts that 

20 have not been paid by the deadline; 

21 ‘‘(B) change the required payment sched22 ule for such person; 

23 ‘‘(C) offset any amount of surcharges owed 

24 by withholding any payment otherwise owed or 


bajohnson on PROD1PC77 with BILLS
14 

•S 1300 RS 

1 due to the person by the Secretary or the Ad2 ministrator; or 

3 ‘‘(D) impose a civil penalty for each day 

4 amounts remain unpaid, or take other appro5 priate enforcement action under this subtitle. 

6 ‘‘(4) ACTION WHEN FUTURE PAYMENT IN JEOP7 ARDY.—If the Administrator reasonably determines 

8 that an aircraft owner or operator will not pay its 

9 required surcharges when due, the Administrator 

10 may change the required payment schedule for such 

11 person. 

12 ‘‘(d) EFFECT ON PREVIOUS PROVISIONS.—Unless 

13 otherwise specified, nothing in this section shall be con14 strued as affecting fees previously authorized and estab15 lished under chapter 453. 

16 ‘‘(e) ADMINISTRATION OF SURCHARGE.—The re17 quirements applicable to developing and issuing rules 

18 under title 5, United States Code, subchapter II of chapter 

19 5 of title 5 shall not apply to the actions of the Secretary 

20 or the Administrator under this section. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) AGRICULTURAL AIRCRAFT.—The term ‘agri23 cultural aircraft’ means an aircraft used to make aer24 ial applications for agricultural, forestry, or public 

25 health purposes. 


bajohnson on PROD1PC77 with BILLS
15 

•S 1300 RS 

1 ‘‘(1) (2) AIR AMBULANCE AIRCRAFT.—The term 

2 ‘air ambulance aircraft’ means— 

3 ‘‘(A) rotorcraft which are engaged in an 

4 operation to provide emergency medical serv5 ices; or 

6 ‘‘(B) fixed-wing aircraft which are 

7 equipped for and exclusively dedicated to pro8 viding acute care medical services. 

9 ‘‘(2) (3) FLIGHT.—The term ‘flight’ means a 

10 takeoff and landing by an aircraft. 

11 ‘‘§ 48116. Leveraged financing for next generation air 

12 traffic control system 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) In order to support the transition to the 

15 Next Generation Air Transportation System, in fis16 cal years 2009 through 2025 the Secretary of 

17 Transportation is authorized to issue obligations to 

18 finance capital investments in the facilities and 

19 equipment account of the air traffic control system 

20 to be owned and operated by the Federal Aviation 

21 Administration. 

22 ‘‘(2) The Secretary shall not issue any obliga23 tions under paragraph (1) without first obtaining 

24 approval by the Director of the Office of ManageVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
16 

•S 1300 RS 

1 ment and Budget of the issuance of such obligations 

2 and proposed investments to be financed. 

3 ‘‘(b) CONDITIONS AND LIMIT ON INDEBTEDNESS.— 

4 Obligations issued under this section shall be in such 

5 forms and denominations, bear such maturities, and shall 

6 be subject to such terms and conditions as may be pre7 scribed by the Secretary. The aggregate amount of all 

8 such obligations shall not exceed $5,000,000,000. 

9 ‘‘(c) REPAYMENT.—The Secretary of Transportation 

10 shall use revenues derived from the surcharges authorized 

11 by section 48115 in the amounts required to repay such 

12 obligations with interest, and such payments shall have 

13 first priority in the use of surcharges collected during this 

14 period. Beginning in 2009, any surcharges required to 

15 repay obligations shall be collected notwithstanding sec16 tion 48115(a)(3). These amounts shall not be treated as 

17 discretionary offsetting collections, but shall be treated as 

18 offsetting receipts and shall only be used to repay the obli19 gations incurred under paragraph (1). 

20 ‘‘(d) INTEREST RATE.—The interest rate on obliga21 tions issued under this section shall be a rate determined 

22 by the Secretary, taking into consideration the current 

23 market yields on outstanding marketable obligations of the 

24 United States of comparable maturity, plus a surcharge, 

25 determined by the Secretary, to be sufficient to cover any 


bajohnson on PROD1PC77 with BILLS
17 

•S 1300 RS 

1 potential losses and the administrative costs associated 

2 with the obligations. Any surcharges for administrative 

3 costs collected by the Secretary shall be credited to the 

4 appropriation account which incurred the cost. 

5 ‘‘(e) PURCHASE OF OBLIGATIONS.—For the purposes 

6 of purchasing obligations under subsection (a), the Sec7 retary may use as a public debt transaction the proceeds 

8 from the sale of any securities issued under chapter 31 

9 of title 31, United States Code, and the purposes for which 

10 securities may be issued under such chapter are extended 

11 to include any purchase of such obligations under this sub12 section.’’. 

13 (b) DELINEATION OF NEXT GENERATION AIR

14 TRANSPORTATION SYSTEM PROJECTS.—Section 44501(b) 

15 is amended— 

16 (1) by striking ‘‘and’’ after the semicolon in 

17 paragraph (3); 

18 (2) by striking ‘‘defense.’’ in paragraph (4) and 

19 inserting ‘‘defense; and’’; and 

20 (3) by adding at the end thereof the following: 

21 ‘‘(5) a list of projects that are part of the Next 

22 Generation Air Transportation System.’’. System 

23 and do not have as a primary purpose to operate or 

24 maintain the current air traffic control system.’’. 


bajohnson on PROD1PC77 with BILLS
18 

•S 1300 RS 

1 (c) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 481 is amended by inserting after the item 

3 relating to section 48114 the following: 

‘‘48115. Modernization surcharge. 

‘‘48116. Leveraged financing for next generation air traffic control system.’’. 

4 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

5 AIRPORT PROGRAMS. 

6 (a) IN GENERAL.—Section 48105 is amended to read 

7 as follows: 

8 ‘‘§ 48105. Airport programs administrative expenses 

9 Of the amount newly made available, ‘‘Of the amount 

10 made available under section 48103 of this title, the fol11 lowing shall may be available for administrative expenses 

12 relating to the Airport Improvement Program, passenger 

13 facility charge approval and oversight, national airport 

14 system planning, airport standards development and en15 forcement, airport certification, airport-related environ16 mental activities (including legal services), and other air17 port-related activities (including airport technology re18 search), to remain available until expended— 

19 ‘‘(1) for fiscal year 2008, $80,676,000; 

20 ‘‘(2) for fiscal year 2009, $85,000,000; 

21 ‘‘(3) for fiscal year 2010, $89,000,000; and 

22 ‘‘(4) for fiscal year 2011, $93,000,000.’’. 


bajohnson on PROD1PC77 with BILLS
19 

•S 1300 RS 

1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 481 is amended by striking the item relat3 ing to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses.’’. 

4 TITLE II—AIRPORT 

5 IMPROVEMENTS 

6 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU7 THORITY. 

8 (a) PASSENGER FACILITY CHARGE STREAM9 LINING.—Section 40117(c) is amended to read as follows: 

10 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

11 OF PASSENGER FACILITY CHARGE.— 

12 ‘‘(1) IN GENERAL.—An eligible agency must 

13 submit to those air carriers and foreign air carriers 

14 operating at the airport with a significant business 

15 interest, as defined in paragraph (3), and to the 

16 Secretary and make available to the public annually 

17 a report, in the form required by the Secretary, on 

18 the status of the eligible agency’s passenger facility 

19 charge program, including— 

20 ‘‘(A) the total amount of program revenue 

21 held by the agency at the beginning of the 12 

22 months covered by the report; 

23 ‘‘(B) the total amount of program revenue 

24 collected by the agency during the period cov25 ered by the report; 


bajohnson on PROD1PC77 with BILLS
20 

•S 1300 RS 

1 ‘‘(C) the amount of expenditures with pro2 gram revenue made by the agency on each eligi3 ble airport-related project during the period 

4 covered by the report; 

5 ‘‘(D) each airport-related project for which 

6 the agency plans to collect and use program 

7 revenue during the next 12-month period cov8 ered by the report, including the amount of rev9 enue projected to be used for such project; 

10 ‘‘(E) the level of program revenue the 

11 agency plans to collect during the next 12- 

12 month period covered by the report; 

13 ‘‘(F) a description of the notice and con14 sultation process with air carriers and foreign 

15 air carriers under paragraph (3), and with the 

16 public under paragraph (4), including a copy of 

17 any adverse comments received and how the 

18 agency responded; and 

19 ‘‘(G) any other information on the pro20 gram that the Secretary may require. 

21 ‘‘(2) IMPLEMENTATION.—Subject to the re22 quirements of paragraphs (3), (4), (5), and (6), the 

23 eligible agency may implement the planned collection 

24 and use of passenger facility charges in accordance 


bajohnson on PROD1PC77 with BILLS
21 

•S 1300 RS 

1 with its report upon filing the report as required in 

2 paragraph (1). 

3 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

4 PROJECTS.— 

5 ‘‘(A) An eligible agency proposing to col6 lect or use passenger facility charge revenue for 

7 a project not previously approved by the Sec8 retary or not included in a report required by 

9 paragraph (1) that was submitted in a prior 

10 year shall provide to air carriers and foreign air 

11 carriers operating at the airport reasonable no12 tice, and an opportunity to comment on the 

13 planned collection and use of program revenue 

14 before providing the report required under 

15 paragraph (1). The Secretary shall prescribe by 

16 regulation what constitutes reasonable notice 

17 under this paragraph, which shall at a min18 imum include— 

19 ‘‘(i) that the eligible agency provide to 

20 air carriers and foreign air carriers oper21 ating at the airport written notice of the 

22 planned collection and use of passenger fa23 cility charge revenue; 


bajohnson on PROD1PC77 with BILLS
22 

•S 1300 RS 

1 ‘‘(ii) that the notice include a full de2 scription and justification for a proposed 

3 project; 

4 ‘‘(iii) that the notice include a detailed 

5 financial plan for the proposed project; and 

6 ‘‘(iv) that the notice include the pro7 posed level for the passenger facility 

8 charge. 

9 ‘‘(B) An eligible agency providing notice 

10 and an opportunity for comment shall be 

11 deemed to have satisfied the requirements of 

12 this paragraph if the eligible agency provides 

13 such notice to air carriers and foreign air car14 riers that have a significant business interest at 

15 the airport. For purposes of this subparagraph, 

16 the term ‘significant business interest’ means 

17 an air carrier or foreign air carrier that— 

18 ‘‘(i) had not less than 1.0 percent of 

19 passenger boardings at the airport in the 

20 prior calendar year; 

21 ‘‘(ii) had at least 25,000 passenger 

22 boardings at the airport in the prior cal23 endar year; or 

24 ‘‘(iii) provides scheduled service at the 

25 airport. 


bajohnson on PROD1PC77 with BILLS
23 

•S 1300 RS 

1 ‘‘(C) Not later than 45 days after written 

2 notice is provided under subparagraph (A), 

3 each air carrier and foreign air carrier may pro4 vide written comments to the eligible agency in5 dicating its agreement or disagreement with the 

6 project or, if applicable, the proposed level for 

7 a passenger facility charge. 

8 ‘‘(D) The eligible agency may include, as 

9 part of the notice and comment process, a con10 sultation meeting to discuss the proposed 

11 project or, if applicable, the proposed level for 

12 a passenger facility charge. If the agency pro13 vides a consultation meeting, the written com14 ments specified in subparagraph (C) shall be 

15 due not later than 30 days after the meeting. 

16 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

17 ‘‘(A) An eligible agency proposing to col18 lect or use passenger facility charge revenue for 

19 a project not previously approved by the Sec20 retary or not included in a report required by 

21 paragraph (1) that was filed in a prior year 

22 shall provide reasonable notice and an oppor23 tunity for public comment on the planned col24 lection and use of program revenue before pro25 viding the report required in paragraph (1). 


bajohnson on PROD1PC77 with BILLS
24 

•S 1300 RS 

1 ‘‘(B) The Secretary shall prescribe by reg2 ulation what constitutes reasonable notice under 

3 this paragraph, which shall at a minimum re4 quire— 

5 ‘‘(i) that the eligible agency provide 

6 public notice of intent to collect a pas7 senger facility charge so as to inform those 

8 interested persons and agencies that may 

9 be affected; 

10 ‘‘(ii) appropriate methods of publica11 tion, which may include notice in local 

12 newspapers of general circulation or other 

13 local media, or posting of the notice on the 

14 agency’s Internet website; and 

15 ‘‘(iii) submission of public comments 

16 no later than 45 days after the date of the 

17 publication of the notice. 

18 ‘‘(5) OBJECTIONS.— 

19 ‘‘(A) Any interested person may file with 

20 the Secretary a written objection to a proposed 

21 project included in a notice under this para22 graph provided that the filing is made within 30 

23 days after submission of the report specified in 

24 paragraph (1). 


bajohnson on PROD1PC77 with BILLS
25 

•S 1300 RS 

1 ‘‘(B) The Secretary shall provide not less 

2 than 30 days for the eligible agency to respond 

3 to any filed objection. 

4 ‘‘(C) Not later than 90 days after receiving 

5 the eligible agency’s response to a filed objec6 tion, the Secretary shall make a determination 

7 whether or not to terminate authority to collect 

8 the passenger facility charge for the project, 

9 based on the filed objection. The Secretary shall 

10 state the reasons for any determination. The 

11 Secretary may only terminate authority if— 

12 ‘‘(i) the project is not an eligible air13 port related project; 

14 ‘‘(ii) the eligible agency has not com15 plied with the requirements of this section 

16 or the Secretary’s implementing regula17 tions in proposing the project; 

18 ‘‘(iii) the eligible agency has been 

19 found to be in violation of section 

20 47107(b) of this title and has failed to 

21 take corrective action, prior to the filing of 

22 the objection; or 

23 ‘‘(iv) in the case of a proposed in24 crease in the passenger facility charge 


bajohnson on PROD1PC77 with BILLS
26 

•S 1300 RS 

1 level, the level is not authorized by this 

2 section. 

3 ‘‘(D) Upon issuance of a decision termi4 nating authority, the public agency shall pre5 pare an accounting of passenger facility revenue 

6 collected under the terminated authority and re7 store the funds for use on other authorized 

8 projects. 

9 ‘‘(E) Except as provided in subparagraph 

10 (C), the eligible agency may implement the 

11 planned collection and use of a passenger facil12 ity charge in accordance with its report upon 

13 filing the report as specified in paragraph 

14 (1)(A). 

15 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

16 PASSENGER FACILITY CHARGE OR INTERMODAL

17 GROUND ACCESS PROJECT.— 

18 ‘‘(A) An eligible agency may not collect or 

19 use a passenger facility charge to finance an 

20 intermodal ground access project, or increase a 

21 passenger facility charge, unless the project is 

22 first approved by the Secretary in accordance 

23 with this paragraph. 

24 ‘‘(B) The eligible agency may submit to 

25 the Secretary an application for authority to 


bajohnson on PROD1PC77 with BILLS
27 

•S 1300 RS 

1 impose a passenger facility charge for an inter2 modal ground access project or to increase a 

3 passenger facility charge. The application shall 

4 contain information and be in the form that the 

5 Secretary may require by regulation but, at a 

6 minimum, must include copies of any comments 

7 received by the agency during the comment pe8 riod described by subparagraph (C). 

9 ‘‘(C) Before submitting an application 

10 under this paragraph, an eligible agency must 

11 provide air carriers and foreign air carriers op12 erating at the airport, and the public, reason13 able notice of and an opportunity to comment 

14 on a proposed intermodal ground access project 

15 or the increased passenger facility charge. Such 

16 notice and opportunity to comment shall con17 form to the requirements of paragraphs (3) and 

18 (4). 

19 ‘‘(D) After receiving an application, the 

20 Secretary may provide air carriers, foreign air 

21 carriers and other interested persons notice and 

22 an opportunity to comment on the application. 

23 The Secretary shall make a final decision on 

24 the application not later than 120 days after re25 ceiving it.’’. 


bajohnson on PROD1PC77 with BILLS
28 

•S 1300 RS 

1 (b) CONFORMING AMENDMENTS.— 

2 (1) REFERENCES.— 

3 (A) Section 40117(a) is amended— 

4 (i) by striking ‘‘FEE’’ in the heading 

5 for paragraph (5) and inserting 

6 ‘‘CHARGE’’; and 

7 (ii) by striking ‘‘fee’’ each place it ap8 pears in paragraphs (5) and (6) and in9 serting ‘‘charge’’. 

10 (B) Subsections (b), and subsections (d) 

11 through (m), of section 40117 are amended— 

12 (i) by striking ‘‘fee’’ or ‘‘fees’’ each 

13 place either appears and inserting 

14 ‘‘charge’’ or ‘‘charges’’, respectively; and 

15 (ii) by striking ‘‘FEE’’ in the sub16 section caption for subsection (l), and 

17 ‘‘FEES’’ in the subsection captions for sub18 sections (e) and (m), and inserting 

19 ‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 

20 (C) The caption for section 40117 is 

21 amended to read as follows: 

22 ‘‘§ 40117. Passenger facility charges’’. 

23 (D) The chapter analysis for chapter 401 

24 is amended by striking the item relating to sec25 tion 40117 and inserting the following: 

‘‘40117. Passenger facility charges.’’. 


bajohnson on PROD1PC77 with BILLS
29 

•S 1300 RS 

1 (2) LIMITATIONS ON APPROVING APPLICA2 TIONS.—Section 40117(d) is amended— 

3 (A) by striking ‘‘subsection (c) of this sec4 tion to finance a specific’’ and inserting ‘‘sub5 section (c)(6) of this section to finance an inter6 modal ground access’’; 

7 (B) by striking ‘‘specific’’ in paragraph 

8 (1); 

9 (C) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) the project is an eligible airport-related 

12 project; and’’; 

13 (D) by striking ‘‘each of the specific 

14 projects; and’’ in paragraph (3) and inserting 

15 ‘‘the project.’’; and 

16 (E) by striking paragraph (4). 

17 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec18 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 

19 An eligible agency may impose a passenger facility 

20 charge only subject to terms the Secretary may pre21 scribe to carry out the objectives of this section.’’. 

22 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

23 USE AGREEMENTS.—Section 40117(f)(2) is amended 

24 by striking ‘‘long-term’’. 


bajohnson on PROD1PC77 with BILLS
30 

•S 1300 RS 

1 (5) COMPLIANCE.—Section 40117(h) is amend2 ed— 

3 (A) by redesignating paragraph (3) as 

4 paragraph (4); and 

5 (B) by inserting after paragraph (2) the 

6 following: 

7 ‘‘(3) The Secretary may, on complaint of an in8 terested person or on the Secretary’s own initiative, 

9 conduct an investigation into an eligible agency’s col10 lection and use of passenger facility charge revenue 

11 to determine whether a passenger facility charge is 

12 excessive or that passenger facility revenue is not 

13 being used as provided in this section. The Secretary 

14 shall prescribe regulations establishing procedures 

15 for complaints and investigations. The regulations 

16 may provide for the issuance of a final agency deci17 sion without resort to an oral evidentiary hearing. 

18 The Secretary shall not accept complaints filed 

19 under this paragraph until after the issuance of reg20 ulations establishing complaint procedures.’’. 

21 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR22 PORTS.—Section 40117(l) is amended— 

23 (A) by striking ‘‘(c)(2)’’ in paragraph (2) 

24 and inserting ‘‘(c)(3)’’; and 


bajohnson on PROD1PC77 with BILLS
31 

•S 1300 RS 

1 (B) by striking ‘‘date that is 3 years after 

2 the date of issuance of regulations to carry out 

3 this subsection.’’ in paragraph (7) and inserting 

4 ‘‘date of issuance of regulations to carry out 

5 subsection (c) of this section, as amended by 

6 the Aviation Investment and Modernization Act 

7 of 2007.’’. 

8 (7) PROHIBITION ON APPROVING PFC APPLICA9 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

10 47111(e) is amended by striking ‘‘sponsor’’ the sec11 ond place it appears in the first sentence and all 

12 that follows and inserting ‘‘sponsor. A sponsor shall 

13 not propose collection or use of passenger facility 

14 charges for any new projects under paragraphs (3) 

15 through (6) of section 40117(c) unless the Secretary 

16 determines that the sponsor has taken corrective ac17 tion to address the violation and the violation no 

18 longer exists.’’. 

19 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

20 Section 40117 is amended by adding at the end 

21 thereof the following: 

22 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

23 COLLECTION PILOT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall estab25 lish and conduct a pilot program at not more than 


bajohnson on PROD1PC77 with BILLS
32 

•S 1300 RS 

1 6 airports under which an eligible agency may im2 pose a passenger facility charge under this section 

3 without regard to the dollar amount limitations set 

4 forth in paragraph (1) or (4) of subsection (b) if the 

5 participating eligible agency meets the requirements 

6 of paragraph (2). 

7 ‘‘(2) COLLECTION REQUIREMENTS.— 

8 ‘‘(A) DIRECT COLLECTION.—An eligible 

9 agency participating in the pilot program— 

10 ‘‘(i) may collect the charge from the 

11 passenger at the facility, via the Internet, 

12 or in any other reasonable manner; but 

13 ‘‘(ii) may not require or permit the 

14 charge to be collected by an air carrier or 

15 foreign air carrier for the flight segment. 

16 ‘‘(B) PFC COLLECTION REQUIREMENT

17 NOT TO APPLY.—Subpart C of part 158 of title 

18 14, Code of Federal Regulations, does not apply 

19 to the collection of the passenger facility charge 

20 imposed by an eligible agency participating in 

21 the pilot program.’’. 

22 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

23 Section 47107 is amended— 

24 (1) by striking ‘‘made;’’ in subsection 

25 (a)(16)(D)(ii) and inserting ‘‘made, except that, if 


bajohnson on PROD1PC77 with BILLS
33 

•S 1300 RS 

1 there is a change in airport design standards that 

2 the Secretary determines is beyond the owner or op3 erator’s control that requires the relocation or re4 placement of an existing airport facility, the Sec5 retary, upon the request of the owner or operator, 

6 may grant funds available under section 47114 to 

7 pay the cost of relocating or replacing such facil8 ity;’’; 

9 (2) by striking ‘‘purpose;’’ in subsection 

10 (c)(2)(A)(i) and inserting ‘‘purpose, which includes 

11 serving as noise buffer land;’’; 

12 (3) by striking ‘‘paid to the Secretary for de13 posit in the Fund if another eligible project does not 

14 exist.’’ in subsection (c)(2)(B)(iii) and inserting ‘‘re15 invested in another project at the airport or trans16 ferred to another airport as the Secretary pre17 scribes.’’; and 

18 (4) by redesignating paragraph (3) of sub19 section (c) as paragraph (4) and inserting after 

20 paragraph (2) the following: 

21 ‘‘(3) In approving the reinvestment or transfer of 

22 proceeds under paragraph (2)(C)(iii), the Secretary shall 

23 give preference, in descending order, to— 

24 ‘‘(i) reinvestment in an approved noise compat25 ibility project; 


bajohnson on PROD1PC77 with BILLS
34 

•S 1300 RS 

1 ‘‘(ii) reinvestment in an approved project that is 

2 eligible for funding under section 47117(e); 

3 ‘‘(iii) reinvestment in an airport development 

4 project that is eligible for funding under section 

5 47114, 47115 or 47117 47114, 47115, or 47117 and 

6 meets the requirements of this chapter; 

7 ‘‘(iv) transfer to the sponsor of another public 

8 airport to be reinvested in an approved noise com9 patibility project at such airport; and 

10 ‘‘(v) payment to the Secretary for deposit in the 

11 Airport and Airway Trust Fund established under 

12 section 9502 of the Internal Revenue Code of 1986 

13 (26 U.S.C. 9502).’’. 

14 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

15 Section 47109 is amended— 

16 (1) by striking ‘‘subsection (b) or subsection 

17 (c)’’ in subsection (a) and inserting ‘‘subsection (b), 

18 (c), or (e)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL

21 HUB TO MEDIUM HUB STATUS.—If the status of a small 

22 hub primary airport changes to a medium hub primary 

23 airport, the United States Government’s share of allow24 able project costs for the airport may not exceed 90 95 


bajohnson on PROD1PC77 with BILLS
35 

•S 1300 RS 

1 percent for 2 fiscal years following such change in hub 

2 status.’’. 

3 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

4 Section 47110 is amended— 

5 (1) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI8 TIES.—The Secretary may determine that the costs of re9 locating or replacing an airport-owned facility are allow10 able for an airport development project at an airport only 

11 if— 

12 ‘‘(1) the Government’s share of such costs is 

13 paid with funds apportioned to the airport sponsor 

14 under sections 47114(c)(1) or 47114(d)(2); 

15 ‘‘(2) the Secretary determines that the reloca16 tion or replacement is required due to a change in 

17 the Secretary’s design standards; and 

18 ‘‘(3) the Secretary determines that the change 

19 is beyond the control of the airport sponsor.’’; and 

20 (2) by striking ‘‘facilities, including fuel farms 

21 and hangars,’’ in subsection (h) and inserting ‘‘fa22 cilities, as defined by section 47102,’’. 

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

24 Section 47133(b) is amended— 


bajohnson on PROD1PC77 with BILLS
36 

•S 1300 RS 

1 (1) by resetting the text of the subsection as an 

2 indented paragraph 2 ems from the left margin; 

3 (2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 

4 (3) by adding at the end thereof the following: 

5 ‘‘(2) In the case of a privately owned airport, 

6 subsection (a) shall not apply to the proceeds from 

7 the sale of the airport to a public sponsor if— 

8 ‘‘(A) the sale is approved by the Secretary; 

9 ‘‘(B) funding is provided under this title 

10 for the public sponsor’s acquisition; and 

11 ‘‘(C) an amount equal to the remaining 

12 unamortized portion of the original grant, am13 ortized over a 20-year period, is repaid to the 

14 Secretary by the private owner for deposit in 

15 the Trust Fund for airport acquisitions. 

16 ‘‘(3) This subsection shall apply to grants 

17 issued on or after October 1, 1996.’’. 

18 SEC. 207. PILOT PROGRAM FOR AIRPORT TAKEOVER OF 

19 AIR NAVIGATION FACILITIES. 

20 (a) IN GENERAL.—Chapter 445 is amended by add21 ing at the end the following new section: 

22 ‘‘§ 44518. Pilot program for airport takeover of ter23 minal area air navigation equipment 

24 ‘‘(a) IN GENERAL.—Subject to the requirements of 

25 this section, the Administrator of the Federal Aviation AdVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
37 

•S 1300 RS 

1 ministrator may carry out a pilot program under which 

2 the Administrator may transfer ownership, operating and 

3 maintenance ownership, operating, and maintenance re4 sponsibilities for airport terminal area air navigation 

5 equipment to sponsors of not more than 10 airports. 

6 ‘‘(b) TERMS AND CONDITIONS OF TRANSFER FOR

7 AIRPORT SPONSORS.—As a condition of participating in 

8 this pilot program the sponsor shall agree that the sponsor 

9 will— 

10 ‘‘(1) operate and maintain all of the air naviga11 tion equipment that is subject to this section at the 

12 airport in accordance with standards established by 

13 the Administrator; 

14 ‘‘(2) permit the Administrator or a person des15 ignated by the Administrator to conduct inspections 

16 of the air navigation equipment under a schedule es17 tablished by the Administrator; and 

18 ‘‘(3) acquire and maintain new air navigation 

19 equipment as needed to replace facilities that have 

20 to be replaced at the end of their useful life or to 

21 meet new standards established by the Adminis22 trator. 

23 ‘‘(c) TERMS AND CONDITIONS OF TRANSFER FOR

24 THE ADMINISTRATOR.—When the Administrator approves 


bajohnson on PROD1PC77 with BILLS
38 

•S 1300 RS 

1 a sponsor’s participation in this pilot program, the Admin2 istrator shall— 

3 ‘‘(1) transfer, at no cost to the sponsor, the 

4 title and ownership of the air navigation equipment 

5 facilities approved for transfer under this program; 

6 and 

7 ‘‘(2) transfer, at no cost to the sponsor, the 

8 government’s property interest in the land on which 

9 the air navigation facilities transferred under para10 graph (1) are located. 

11 ‘‘(d) TREATMENT OF AIRPORT COSTS UNDER PILOT

12 PROGRAM.—Upon transfer by the Administrator, any 

13 costs incurred by the airport for ownership and mainte14 nance of the equipment transferred under this section 

15 shall be considered a cost of providing airfield facilities 

16 and services under standards and guidelines issued by the 

17 Secretary under section 47129(b)(2) and may be recov18 ered in rates and charges assessed for use of the airfield. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) SPONSOR.—The term ‘sponsor’ has the 

21 meaning given that term in section 40102. 

22 ‘‘(2) TERMINAL AREA AIR NAVIGATION EQUIP23 MENT.—The term ‘terminal area air navigation 

24 equipment’ means an air navigation facility under 

25 section 40102, other than buildings used for air 


bajohnson on PROD1PC77 with BILLS
39 

•S 1300 RS 

1 traffic control functions, that exists to provide ap2 proach and landing guidance to aircraft. 

3 ‘‘(f) GUIDELINES.—The Administrator shall issue ad4 visory guidelines on the implementation of the program. 

5 The guidelines shall not be subject to administrative rule6 making requirements under subchapter II of chapter 5 of 

7 title 5.’’. 

8 (b) CONFORMING AMENDMENT.—The chapter anal9 ysis for chapter 445 is amended by inserting after the item 

10 relating to section 44517 the following: 

‘‘44518. Pilot program for airport takeover of terminal area air navigation 

equipment.’’. 

11 SEC. 208. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

12 COSTS. 

13 Notwithstanding section 47109(a) of title 49, United 

14 States Code, the Federal government’s share of allowable 

15 project costs for a grant made in fiscal year 2008, 2009, 

16 2010, or 2011 under chapter 471 of that title for a project 

17 described in paragraph (2) or (3) of that section shall be 

18 95 percent. 

19 SEC. 209. MISCELLANEOUS AMENDMENTS. 

20 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF

21 INTEGRATED AIRPORT SYSTEMS.—Section 47103 is 

22 amended— 

23 (1) by striking ‘‘each airport to—’’ in sub24 section (a) and inserting ‘‘the airport system to—’’; 


bajohnson on PROD1PC77 with BILLS
40 

•S 1300 RS 

1 (2) by striking ‘‘system in the particular area;’’ 

2 in subsection (a)(1) and inserting ‘‘system, including 

3 connection to the surface transportation network; 

4 and’’; 

5 (3) by striking ‘‘aeronautics; and’’ in subsection 

6 (a)(2) and inserting ‘‘aeronautics.’’; 

7 (4) by striking subsection (a)(3); 

8 (5) by striking paragraph (2) of subsection (b) 

9 and redesignating paragraph (3) as paragraph (2); 

10 (6) by striking ‘‘operations, Short Takeoff and 

11 Landing/Very Short Takeoff and Landing aircraft 

12 operations,’’ in subsection (b)(2), as redesignated, 

13 and inserting ‘‘operations’’; and 

14 (7) by striking ‘‘status of the’’ in subsection 

15 (d). 

16 (b) UPDATE VETERANS PREFERENCE DEFINI17 TION.—Section 47112(c) is amended— 

18 (1) by striking ‘‘separated from’’ in paragraph 

19 (1)(B) and inserting ‘‘discharged or released from 

20 active duty in’’; 

21 (2) by adding at the end of paragraph (1) the 

22 following: 

23 ‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 

24 individual who served on active duty, as defined by 

25 section 101(21) of title 38, at any time in the armed 


bajohnson on PROD1PC77 with BILLS
41 

•S 1300 RS 

1 forces for a period of more than 180 consecutive 

2 days, any part of which occurred during the period 

3 beginning on September 11, 2001, and ending on 

4 the date prescribed by Presidential proclamation or 

5 by law as the last date of Operation Iraqi Free6 dom.’’; and 

7 (3) by striking ‘‘veterans and’’ in paragraph (2) 

8 and inserting ‘‘veterans, Afghanistan-Iraq war vet9 erans, and’’. 

10 (c) ANNUAL REPORT.—Section 47131(a) is amend11 ed— 

12 (1) by striking ‘‘April 1’’ and inserting ‘‘June 

13 1’’; and 

14 (2) by revising paragraphs (1), (2), (3), and (4) 

15 to read as follows: 

16 (2) by striking paragraphs (1) through (4) and 

17 inserting the following: 

18 ‘‘(1) a summary of airport development and 

19 planning completed; 

20 ‘‘(2) a summary of individual grants issued; 

21 ‘‘(3) an accounting of discretionary and appor22 tioned funds allocated; 

23 ‘‘(4) the allocation of appropriations; and’’. 

24 (d) SUNSET OF PROGRAM.—Section 47137 is re25 pealed effective September 30, 2008. 


bajohnson on PROD1PC77 with BILLS
42 

•S 1300 RS 

1 (e) CORRECTION TO EMISSION CREDITS PROVI2 SION.—Section 47139 is amended— 

3 (1) by striking ‘‘47102(3)(F),’’ in subsection 

4 (a); 

5 (2) by striking ‘‘47102(3)(F),’’ in subsection 

6 (b); 

7 (3) by striking ‘‘47102(3)(L), or 47140’’ in 

8 subsection (b) and inserting ‘‘or 47102(3)(L),’’; 

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

10 (5) by striking ‘‘47102(3)(L), or 47140,’’ in 

11 subsection (b) and inserting ‘‘or 47102(3)(L),’’. 

12 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR13 ITY.—Section 47151(e) is amended by striking ‘‘(other 

14 than real property that is subject to section 2687 of title 

15 10, section 201 of the Defense Authorization Amendments 

16 and Base Closure and Realignment Act (10 U.S.C. 2687 

17 note), or section 2905 of the Defense Base Closure and 

18 Realignment Act of 1990 (10 U.S.C. 2687 note),’’. 

19 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEF20 INITION OF JOINT USE AIRPORT.—Section 47175 is 

21 amended— 

22 (1) by striking ‘‘Airport Capacity Benchmark 

23 Report 2001.’’ in paragraph (2) and inserting ‘‘2001 

24 and 2004 Airport Capacity Benchmark Reports or 

25 of the most recent Benchmark report.’’; and 


bajohnson on PROD1PC77 with BILLS
43 

•S 1300 RS 

1 (2) by adding at the end thereof the following: 

2 ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 

3 airport’ means an airport owned by the United 

4 States Department of Defense, at which both mili5 tary and civilian aircraft make shared use of the air6 field.’’. 

7 (h) CARGO AIRPORTS.—Section 47114(c)(2)(A) is 

8 amended by striking ‘‘3.5 percent’’ and inserting ‘‘4.0 per9 cent’’. 

10 (i) USE OF APPORTIONED AMOUNTS.—Section 

11 47117(e)(1)(A) is amended— 

12 (1) by striking ‘‘35 percent’’ in the first sen13 tence and inserting ‘‘$300,000,000’’; 

14 (2) by striking ‘‘and’’ after ‘‘47141,’’; 

15 (3) by striking ‘‘et seq.).’’ and inserting ‘‘et 

16 seq.), and for water quality mitigation projects to 

17 comply with the Act of June 30, 1948 (33 U.S.C. 

18 1251 et seq.) approved in an environmental record 

19 of decision for an airport development project under 

20 this title.’’; and 

21 (4) by striking ‘‘such 35 percent requirement 

22 is’’ in the second sentence and inserting ‘‘the re23 quirements of the preceding sentence are’’. 

24 (j) USE OF APPORTIONED AMOUNTS.—An amount 

25 apportioned under section 47114 of title 49, United States 


bajohnson on PROD1PC77 with BILLS
44 

•S 1300 RS 

1 Code, or made available under section 47115 of that title, 

2 to the sponsor of a reliever airport the crosswind runway 

3 of which was closed as a result of a Record of Decision 

4 dated September 3, 2004, shall be available for project 

5 costs associated with the establishment of a new crosswind 

6 runway. 

7 (k) USE OF PREVIOUS FISCAL YEAR’S APPORTION8 MENT.—Section 47114(c)(1) is amended— 

9 (1) by striking ‘‘airport due to an employment 

10 action, natural disaster, or other event unrelated to 

11 the demand for air transportation at the affected 

12 airport.’’ in paragraph subparagraph (E)(iii) and in13 serting ‘‘airport— 

14 ‘‘(I) if it is included in the essential air 

15 service program in the calendar year in which 

16 the passenger boardings fall below 9,700; 

17 ‘‘(II) if at the airport the total passenger 

18 boardings from large certificated air carriers 

19 (as defined in part 241 of title 14, Code of Fed20 eral Regulations) conducting scheduled plus 

21 nonscheduled service totals 10,000 or more in 

22 the calendar year in which the airport does not 

23 meet the criteria for a primary airport under 

24 section 47102 of this title; or 


bajohnson on PROD1PC77 with BILLS
45 

•S 1300 RS 

1 ‘‘(III) if the documented interruption to 

2 scheduled service at the airport was equal to 4 

3 percent of the scheduled flights in calendar year 

4 2006, exclusive of cancellations due to severe 

5 weather conditions, and the airport is served by 

6 a single air carrier.’’; 

7 (2) by redesignating subparagraphs (F) and 

8 (G) as (G) and (H), respectively, and inserting after 

9 subparagraph (E) the following: 

10 ‘‘(F) For fiscal years 2009 through 2012, with 

11 regard to an airport that meets the criteria de12 scribed in paragraph (E)(iii), if the calendar year 

13 passenger boardings for the calculation of apportion14 ments under this section fall below 10,000 passenger 

15 boardings, the Secretary may use the passenger 

16 boardings for the last fiscal year in which passenger 

17 boardings exceeded 10,000 for calculating apportion18 ments.’’. 

19 (l) Section 47102(3) is amended by adding at the end 

20 the following: 

21 ‘‘(M) construction of mobile refueler parking 

22 within a fuel farm at a nonprimary airport 

23 meeting the requirements of section 112.8 of title 

24 40, Code of Federal Regulations.’’. 


bajohnson on PROD1PC77 with BILLS
46 

•S 1300 RS 

1 (m) Section 47115(g)(1) is amended by striking ‘‘of— 

2 ’’ and all that follows and inserting ‘‘of $520,000,000.The 

3 amount credited is exclusive of amounts that have been ap4 portioned in a prior fiscal year under section 47114 of this 

5 title and that remain available for obligation.’’. 

6 (n) Section 47114(c) is amended by adding at the end 

7 thereof the following: 

8 ‘‘(3) AIRPORTS SERVED BY LARGE CERTIFICATED

9 CARRIERS.— 

10 ‘‘(A) APPORTIONMENT.—The Secretary shall 

11 apportion to the sponsor of an airport that re12 ceived scheduled air service from a large certifi13 cated air carrier (as defined in part 241 of title 

14 14, Code of Federal Regulations) an amount 

15 equal to the minimum apportionment specified 

16 in paragraph (1) of this subsection. 

17 ‘‘(B) LIMITATION.—The apportionment 

18 under subparagraph (A) shall be made available 

19 to an airport sponsor only if— 

20 ‘‘(i) the large certificated air carrier 

21 began scheduled air service at the airport in 

22 May 2006 and ceased scheduled air service 

23 at the airport in October 2006; and 

24 ‘‘(ii) the Secretary determines that the 

25 airport had more than 10,000 passenger 


bajohnson on PROD1PC77 with BILLS
47 

•S 1300 RS 

1 boardings in the preceding calendar year, 

2 based on data submitted to the Secretary 

3 under part 241 of title 14, Code of Federal 

4 Regulations.’’. 

5 (o) Subparagraph (H) of section 47114(c)(1), as redes6 ignated by subsection (k)(2) of this section, is amended— 

7 (1) by striking ‘‘FISCAL YEAR 2006’’ in the sub8 paragraph heading and inserting ‘‘FISCAL YEARS 2008

9 THROUGH 2011.—’’; 

10 (2) by striking ‘‘fiscal year 2006’’ and inserting 

11 ‘‘each of fiscal years 2008 through 2011’’; and 

12 (3) by striking clause (i) and inserting the fol13 lowing: 

14 ‘‘(i) the average annual passenger 

15 boardings at the airport for calendar years 

16 2004 through 2006 were below 10,000 per 

17 year;’’; and 

18 (4) by striking ‘‘2000 or 2001;’’ in clause (ii) 

19 and inserting ‘‘2003’’. 

20 SEC. 210. STATE BLOCK GRANT PROGRAM. 

21 Section 47128 is amended— 

22 (1) by striking ‘‘regulations’’ each place it ap23 pears in subsection (a) and inserting ‘‘guidance’’; 


bajohnson on PROD1PC77 with BILLS
48 

•S 1300 RS 

1 (2) by striking ‘‘grant;’’ in subsection (b)(4) 

2 and inserting ‘‘grant, including Federal environ3 mental requirements or an agreed upon equivalent;’’; 

4 (3) by redesignating subsection (c) as sub5 section (d) and inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE8 QUIREMENTS.—Any Federal agency that must approve, li9 cense or permit approve, license, or permit a proposed ac10 tion by a participating State shall coordinate and consult 

11 with the State. The agency shall utilize the environmental 

12 analysis prepared by the State, provided it is adequate, 

13 or supplement that analysis as necessary to meet applica14 ble Federal requirements.’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(e) PILOT PROGRAM.—The Secretary shall establish 

17 a pilot program for up to 3 States that do not participate 

18 in the program established under subsection (a) that is 

19 consistent with the program under subsection (a).’’. 

20 SEC. 211. AIRPORT FUNDING OF SPECIAL STUDIES OR RE21 VIEWS. 

22 Section 47173(a) is amended by striking ‘‘project.’’ 

23 and inserting ‘‘project, or to conduct special environmental 

24 studies related to a federally funded airport project or for 

25 special studies or reviews to support approved noise comVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
49 

•S 1300 RS 

1 patibility measures in a Part 150 program or environ2 mental mitigation in a Federal Aviation Administration 

3 Record of Decision or Finding of No Significant Impact.’’. 

4 SEC. 212. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

5 PROCEDURES. 

6 Section 47504 is amended by adding at the end the 

7 following: 

8 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE9 DURES.— 

10 ‘‘(1) The Secretary is authorized in accordance 

11 with subsection (c)(1) to make a grant to an airport 

12 operator to assist in completing environmental re13 view and assessment activities for proposals to im14 plement flight procedures that have been approved 

15 for airport noise compatibility planning purposes 

16 under subsection (b). 

17 ‘‘(2) The Administrator of the Federal Aviation 

18 Administration may accept funds from an airport 

19 sponsor, including funds provided to the sponsor 

20 under paragraph (1), to hire additional staff or ob21 tain the services of consultants in order to facilitate 

22 the timely processing, review and completion of envi23 ronmental activities associated with proposals to im24 plement flight procedures submitted and approved 

25 for airport noise compatibility planning purposes in 


bajohnson on PROD1PC77 with BILLS
50 

•S 1300 RS 

1 accordance with this section. Funds received under 

2 this authority shall not be subject to the procedures 

3 applicable to the receipt of gifts by the Adminis4 trator.’’. 

5 SEC. 213. SAFETY-CRITICAL AIRPORTS. 

6 Section 47118(c) is amended— 

7 (1) by striking ‘‘or’’ after the semicolon in 

8 paragraph (1); 

9 (2) by striking ‘‘delays.’’ in paragraph (2) and 

10 inserting ‘‘delays; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) be critical to the safety of commercial, 

13 military, or general aviation in trans-oceanic 

14 flights.’’. 

15 SEC. 214. EXPANDED PASSENGER FACILITY CHARGE ELIGI16 BILITY FOR NOISE COMPATIBILITY 

17 PROJECTS. 

18 Section 40117(b) is amended by adding at the end 

19 the following: 

20 ‘‘(7) NOISE MITIGATION FOR CERTAIN

21 SCHOOLS.— 

22 ‘‘(A) IN GENERAL.—In addition to the 

23 uses specified in paragraphs (1), (4), and (6), 

24 the Secretary may authorize a passenger facility 

25 charge imposed under paragraph (1) or (4) at 


bajohnson on PROD1PC77 with BILLS
51 

•S 1300 RS 

1 a large hub airport that is the subject of an 

2 amended judgment and final order in con3 demnation filed on January 7, 1980, by the Su4 perior Court of the State of California for the 

5 county of Los Angeles, to be used for a project 

6 to carry out noise mitigation for a building, or 

7 for the replacement of a relocatable building 

8 with a permanent building, in the noise im9 pacted area surrounding the airport at which 

10 such building is used primarily for educational 

11 purposes, notwithstanding the air easement 

12 granted or any terms to the contrary in such 

13 judgment and final order, if— 

14 ‘‘(i) the Secretary determines that the 

15 building is adversely affected by airport 

16 noise; 

17 ‘‘(ii) the building is owned or char18 tered by the school district that was the 

19 plaintiff in case number 986,442 or 

20 986,446, which was resolved by such judg21 ment and final order; 

22 ‘‘(iii) the project is for a school identi23 fied in 1 of the settlement agreements ef24 fective February 16, 2005, between the 

25 airport and each of the school districts; 


bajohnson on PROD1PC77 with BILLS
52 

•S 1300 RS 

1 ‘‘(iv) in the case of a project to re2 place a relocatable building with a perma3 nent building, the eligible project costs are 

4 limited to the actual structural construc5 tion costs necessary to mitigate aircraft 

6 noise in instructional classrooms to an in7 terior noise level meeting current stand8 ards of the Federal Aviation Administra9 tion; and 

10 ‘‘(v) the project otherwise meets the 

11 requirements of this section for authoriza12 tion of a passenger facility charge. 

13 ‘‘(B) ELIGIBLE PROJECT COSTS.—In sub14 paragraph (A)(iv), the term ‘eligible project 

15 costs’ means the difference between the cost of 

16 standard school construction and the cost of 

17 construction necessary to mitigate classroom 

18 noise to the standards of the Federal Aviation 

19 Administration.’’. 

20 SEC. 215. ENVIRONMENTAL MITIGATION DEMONSTRATION 

21 PILOT PROGRAM. 

22 (a) PILOT PROGRAM.—Subchapter I of chapter 471 is 

23 amended by adding at the end thereof the following: 


bajohnson on PROD1PC77 with BILLS
53 

•S 1300 RS 

1 ‘‘§ 47143. Environmental mitigation demonstration 

2 pilot program 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall carry out a pilot program involving not more than 

5 6 projects at public-use airports under which the Secretary 

6 may make grants to sponsors of such airports from funds 

7 apportioned under paragraph 47117(e)(1)(A) for use at 

8 such airports for environmental mitigation demonstration 

9 projects that will measurably reduce or mitigate aviation 

10 impacts on noise, air quality or water quality in the vicin11 ity of the airport. Notwithstanding any other provision of 

12 this subchapter, an environmental mitigation demonstra13 tion project approved under this section shall be treated as 

14 eligible for assistance under this subchapter. 

15 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public16 use airport shall be eligible for participation in the pilot. 

17 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

18 applicants for participation in the pilot program, the Sec19 retary may give priority consideration to environmental 

20 mitigation demonstration projects that— 

21 ‘‘(1) will achieve the greatest reductions in air22 craft noise, airport emissions, or airport water qual23 ity impacts either on an absolute basis, or on a per24 dollar-of-funds expended basis; and 

25 ‘‘(2) will be implemented by an eligible consor26 tium. 


bajohnson on PROD1PC77 with BILLS
54 

•S 1300 RS 

1 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

2 provision of this subchapter, the United States Govern3 ment’s share of the costs of a project carried out under this 

4 section shall be 50 percent. 

5 ‘‘(e) MAXIMUM AMOUNT.—Not more than $2,500,000 

6 may be made available by the Secretary in grants under 

7 this section for any single project. 

8 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis9 trator may develop and publish information identifying 

10 best practices for reducing or mitigating aviation impacts 

11 on noise, air quality, or water quality in the vicinity of 

12 airports, based on the projects carried out under the pilot 

13 program. 

14 ‘‘(g) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible 

16 consortium’ means a consortium that comprises 2 or 

17 more of the following entities: 

18 ‘‘(A) Businesses incorporated in the United 

19 States. 

20 ‘‘(B) Public or private educational or re21 search organizations located in the United 

22 States. 

23 ‘‘(C) Entities of State or local governments 

24 in the United States. 

25 ‘‘(D) Federal laboratories. 


bajohnson on PROD1PC77 with BILLS
55 

•S 1300 RS 

1 ‘‘(2) ENVIRONMENTAL MITIGATION DEMONSTRA2 TION PROJECT.—The term ‘environmental mitigation 

3 demonstration project’ means a project that— 

4 ‘‘(A) introduces new conceptual environ5 mental mitigation techniques or technology with 

6 associated benefits, which have already been 

7 proven in laboratory demonstrations; 

8 ‘‘(B) proposes methods for efficient adapta9 tion or integration of new concepts to airport op10 erations; and 

11 ‘‘(C) will demonstrate whether new tech12 niques or technology for environmental mitiga13 tion identified in research are— 

14 ‘‘(i) practical to implement at or near 

15 multiple public use airports; and 

16 ‘‘(ii) capable of reducing noise, airport 

17 emissions, or water quality impacts in 

18 measurably significant amounts.’’. 

19 (b) CONFORMING AMENDMENT.—The chapter analysis 

20 for chapter 471 is amended by inserting after the item relat21 ing to section 47142 the following: 

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

22 SEC. 216. ALLOWABLE PROJECT COSTS FOR AIRPORT DE23 VELOPMENT PROGRAM. 

24 Section 47110(c) of title 49, United States Code, is 

25 amended— 


bajohnson on PROD1PC77 with BILLS
56 

•S 1300 RS 

1 (1) by striking ‘‘; or’’ in paragraph (1) and in2 serting a semicolon; 

3 (2) by striking ‘‘project.’’ in paragraph (2) and 

4 inserting ‘‘project; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) necessarily incurred in anticipation of se7 vere weather.’’. 

8 TITLE III—FAA ORGANIZATION 

9 AND REFORM 

10 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER11 SIGHT BOARD. 

12 Section 106 is amended by striking subsection (p) 

13 and inserting in lieu thereof the following: 

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

15 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER16 SIGHT BOARD.— 

17 ‘‘(1) ESTABLISHMENT.—The Secretary shall es18 tablish an advisory Board which shall be known as 

19 the Air Traffic Control Modernization Oversight 

20 Board. 

21 ‘‘(2) MEMBERSHIP.—The Board shall be com22 prised of 7 members, who shall consist of— 

23 ‘‘(A) the Administrator of the Federal 

24 Aviation Administration and a representative 

25 from the Department of Defense; 


bajohnson on PROD1PC77 with BILLS
57 

•S 1300 RS 

1 ‘‘(B) 1 member who shall have a fiduciary 

2 responsibility to represent the public interest; 

3 and 

4 ‘‘(C) 4 members representing aviation in5 terests: interests, as follows: 

6 ‘‘(i) 1 representative that is the chief 

7 executive officer of an airport. 

8 ‘‘(ii) 1 representative that is the chief 

9 executive officer of a passenger or cargo 

10 air carrier. 

11 ‘‘(iii) 1 representative of a labor orga12 nization representing employees at the 

13 Federal Aviation Administration that are 

14 involved with the operation, maintenance 

15 or procurement of the air traffic control 

16 system. 

17 ‘‘(iv) 1 representative with extensive 

18 operational experience in the general avia19 tion community. 

20 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

21 ‘‘(A) Members of the Board appointed 

22 under paragraphs (2)(B) and (2)(C) shall be 

23 appointed by the President, by and with the ad24 vice and consent of the Senate. 


bajohnson on PROD1PC77 with BILLS
58 

•S 1300 RS 

1 ‘‘(B) Members of the Board appointed 

2 under paragraph (2)(B) shall be citizens of the 

3 United States and shall be appointed without 

4 regard to political affiliation and solely on the 

5 basis of their professional experience and exper6 tise in one or more of the following areas and, 

7 in the aggregate, should collectively bring to 

8 bear expertise in— 

9 ‘‘(i) management of large service or10 ganizations; 

11 ‘‘(ii) customer service; 

12 ‘‘(iii) management of large procure13 ments; 

14 ‘‘(iv) information and communications 

15 technology; 

16 ‘‘(v) organizational development; and 

17 ‘‘(vi) labor relations. 

18 ‘‘(4) FUNCTIONS.— 

19 ‘‘(A) IN GENERAL.—The Board shall— 

20 ‘‘(i) review and provide advice on the 

21 Administration’s modernization programs, 

22 budget, and cost accounting system; 

23 ‘‘(ii) review the Administration’s stra24 tegic plan and make recommendations on 

25 the non-safety program portions of the 


bajohnson on PROD1PC77 with BILLS
59 

•S 1300 RS 

1 plan, and provide advice on the safety pro2 grams of the plan; 

3 ‘‘(iii) review the operational efficiency 

4 of the air traffic control system and make 

5 recommendations on the operational and 

6 performance metrics for that system; 

7 ‘‘(iv) approve capital expenditures for 

8 a project of $100,000,000 or more related 

9 to the system; 

10 ‘‘(v) approve by July 31 of each year 

11 the Administrator’s budget request for fa12 cilities and equipment prior to its submis13 sion to the Office of Management and 

14 Budget; 

15 ‘‘(vi) approve the Federal Aviation 

16 Administration’s Capital Investment Plan 

17 prior to its submission to the Congress; 

18 ‘‘(vii) annually approve the Oper19 ational Evolution Plan; 

20 ‘‘(viii) approve the Administrator’s se21 lection of a Chief Operating Officer for the 

22 Air Traffic Organization and on the ap23 pointment and compensation of its man24 agers; and 


bajohnson on PROD1PC77 with BILLS
60 

•S 1300 RS 

1 ‘‘(ix) approve the selection of the head 

2 of the Joint Planning Development Office. 

3 ‘‘(B) MEETINGS.—The Board shall meet 

4 on a regular and periodic basis or at the call of 

5 the Chairman or of the Administrator. 

6 ‘‘(C) ACCESS TO DOCUMENTS AND

7 STAFF.—The Administration may give the 

8 Board appropriate access to relevant documents 

9 and personnel of the Administration, and the 

10 Administrator shall make available, consistent 

11 with the authority to withhold commercial and 

12 other proprietary information under section 552 

13 of title 5, cost data associated with the acquisi14 tion and operation of air traffic control systems. 

15 Any member of the Board who receives com16 mercial or other proprietary data from the Ad17 ministrator shall be subject to the provisions of 

18 section 1905 of title 18, pertaining to unauthor19 ized disclosure of such information. 

20 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

21 TO APPLY.—The Federal Advisory Committee Act (5 

22 U.S.C. App.) shall not apply to the Board or such 

23 rulemaking committees as the Administrator shall 

24 designate. 

25 ‘‘(6) ADMINISTRATIVE MATTERS.— 


bajohnson on PROD1PC77 with BILLS
61 

•S 1300 RS 

1 ‘‘(A) TERMS OF MEMBERS.—Members of 

2 the Board appointed under paragraph (2)(B) 

3 and (2)(C) shall be appointed for a term of 4 

4 years. 

5 ‘‘(B) REAPPOINTMENT.—No individual 

6 may be appointed to the Board for more than 

7 8 years total. 

8 ‘‘(C) VACANCY.—Any vacancy on the 

9 Board shall be filled in the same manner as the 

10 original position. Any member appointed to fill 

11 a vacancy occurring before the expiration of the 

12 term for which the member’s predecessor was 

13 appointed shall be appointed for a term of 4 

14 years. 

15 ‘‘(D) CONTINUATION IN OFFICE.—A mem16 ber of the Board whose term expires shall con17 tinue to serve until the date on which the mem18 ber’s successor takes office. 

19 ‘‘(E) REMOVAL.—Any member of the 

20 Board appointed under paragraph (2)(B) or 

21 (2)(C) may be removed by the President for 

22 cause. 

23 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

24 BOARD.— 


bajohnson on PROD1PC77 with BILLS
62 

•S 1300 RS 

1 ‘‘(i) IN GENERAL.—A member ap2 pointed to the Board shall have no per3 sonal liability under State or Federal law 

4 with respect to any claim arising out of or 

5 resulting from an act or omission by such 

6 member within the scope of service as a 

7 member of the Board. 

8 ‘‘(ii) EFFECT ON OTHER LAW.—This 

9 subparagraph shall not be construed— 

10 ‘‘(I) to affect any other immunity 

11 or protection that may be available to 

12 a member of the Board under applica13 ble law with respect to such trans14 actions; 

15 ‘‘(II) to affect any other right or 

16 remedy against the United States 

17 under applicable law; or 

18 ‘‘(III) to limit or alter in any way 

19 the immunities that are available 

20 under applicable law for Federal offi21 cers and employees. 

22 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

23 member of the Board appointed under para24 graph (2)(B) must certify that he or she— 


bajohnson on PROD1PC77 with BILLS
63 

•S 1300 RS 

1 ‘‘(i) does not have a pecuniary interest 

2 in, or own stock in or bonds of, an aviation 

3 or aeronautical enterprise, except an inter4 est in a diversified mutual fund or an in5 terest that is exempt from the application 

6 of section 208 of title 18; 

7 ‘‘(ii) does not engage in another busi8 ness related to aviation or aeronautics; and 

9 ‘‘(iii) is not a member of any organi10 zation that engages, as a substantial part 

11 of its activities, in activities to influence 

12 aviation-related legislation. 

13 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

14 Board shall elect a chair and a vice chair from 

15 among its members, each of whom shall serve 

16 for a term of 2 years. The vice chair shall per17 form the duties of the chairman in the absence 

18 of the chairman. 

19 ‘‘(I) COMPENSATON.—No member shall re20 ceive any compensation or other benefits from 

21 the Federal Government for serving on the 

22 Board, except for compensation benefits for in23 juries under subchapter I of chapter 81 of title 

24 5 and except as provided under subparagraph 

25 (J). 


bajohnson on PROD1PC77 with BILLS
64 

•S 1300 RS 

1 ‘‘(J) EXPENSES.—Each member of the 

2 Board shall be paid actual travel expenses and 

3 per diem in lieu of subsistence expenses when 

4 away from his or her usual place of residence, 

5 in accordance with section 5703 of title 5. 

6 ‘‘(K) BOARD RESOURCES.—From re7 sources otherwise available to the Adminis8 trator, the Chairman shall appoint such staff to 

9 assist the board and provide impartial analysis. 

10 The Administrator shall make available to the 

11 Board such information and administrative 

12 services and assistance as may reasonably be 

13 required to enable the Board to carry out its re14 sponsibilities under this subsection. 

15 ‘‘(K) BOARD RESOURCES.—From resources 

16 otherwise available to the Administrator, the 

17 Chairman shall appoint such staff to assist the 

18 board and provide impartial analysis, and the 

19 Administrator shall make available to the Board 

20 such information and administrative services 

21 and assistance, as may reasonably be required to 

22 enable the Board to carry out its responsibilities 

23 under this subsection. 

24 ‘‘(L) QUORUM AND VOTING.—A simple 

25 majority of members of the Board shall conVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
65 

•S 1300 RS 

1 stitute a quorum. A majority vote of members 

2 present and voting shall be required for the 

3 Committee to take action. 

4 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DE5 FINED.—In this subsection, the term ‘air traffic con6 trol system’ has the meaning given that term in sec7 tion 40102(a).’’. 

8 SEC. 302. ADS–B SUPPORT PILOT PROGRAM. 

9 (a) IN GENERAL.—Chapter 445, as amended by sec10 tion 207, is amended by adding at the end the following: 

11 ‘‘§ 44519. ADS–B support pilot program 

12 ‘‘(a) IN GENERAL.—The Secretary may carry out a 

13 pilot program to support non-Federal acquisition of Na14 tional Airspace System compliant Automatic Dependent 

15 Surveillance-Broadcast (ADS–B) ground stations if— 

16 ‘‘(1) the Secretary determines that acquisition 

17 of the ground stations benefits the improvement of 

18 safety or capacity in the National Airspace System; 

19 ‘‘(2) the ground stations provide the required 

20 transmit and receive data formats consistent with 

21 the National Airspace System architecture at the ap22 propriate service delivery point; and 

23 ‘‘(3) the ground stations acquired under this 

24 program are supplemental to ground stations estabVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
66 

•S 1300 RS 

1 lished under programs administered by the Adminis2 trator of the Federal Aviation Administration. 

3 ‘‘(b) PROJECT GRANTS.— 

4 ‘‘(1) For purposes of carrying out the pilot pro5 gram and notwithstanding the requirements of sec6 tion 47114(d), the Secretary may make a project 

7 grant out of funds apportioned under section 

8 47114(d)(2) to not more than 10 eligible sponsors to 

9 acquire and install ADS–B ground stations in order 

10 to serve any public-use airport. 

11 ‘‘(2) The Secretary shall establish procurement 

12 procedures applicable to grants issued under this 

13 section. The procedures shall permit the sponsor to 

14 carry out the project using Federal Aviation Admin15 istration contracts. The procedures established by 

16 the Secretary may provide for the direct reimburse17 ment (including administrative costs) of the Admin18 istrator by the sponsor using grant funds under this 

19 section, for the ordering of such equipment and its 

20 installation, or for the direct ordering of such equip21 ment and its installation by the sponsor, using such 

22 grant funds, from the suppliers with which the Ad23 ministrator has contracted. 

24 ‘‘(c) MATCHING REQUIREMENT.—The amount of a 

25 grant to an eligible sponsor under subsection (b) may not 


bajohnson on PROD1PC77 with BILLS
67 

•S 1300 RS 

1 exceed 90 percent of the costs of the acquisition and in2 stallation of the ground support equipment. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) ADS–B GROUND STATION.—The term 

5 ‘ADS–B ground station’ means electronic equipment 

6 that provides for ADS–B reception and broadcast 

7 services. 

8 ‘‘(2) ELIGIBLE SPONSOR.—The term ‘eligible 

9 sponsor’ means a State or any consortium of 2 or 

10 more State or local governments meeting the defini11 tion of a sponsor under section 47102 of this title.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter anal13 ysis for chapter 445 is amended by inserting after the item 

14 relating to section 44518 the following: 

‘‘44519. ADS–B support pilot program.’’. 

15 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF16 FIC SERVICES. 

17 Section 106(l) is amended by adding at the end the 

18 following: 

19 ‘‘(7) AIR TRAFFIC SERVICES.—In determining 

20 what actions to take, by rule or through an agree21 ment or transaction under paragraph (6) or under 

22 section 44502, to permit non-government providers 

23 of communications, navigation, surveillance or other 

24 services to provide such services in the National Air25 space System, or to require the usage of such servVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
68 

•S 1300 RS 

1 ices, the Administrator shall consider whether such 

2 actions would— 

3 ‘‘(A) promote the safety of life and prop4 erty; 

5 ‘‘(B) improve the efficiency of the National 

6 Airspace System and reduce the regulatory bur7 den upon National Airspace System users, 

8 based upon sound engineering principles, user 

9 operational requirements, and marketplace de10 mands; 

11 ‘‘(C) encourage competition and provide 

12 services to the largest feasible number of users; 

13 and 

14 ‘‘(D) take into account the unique role 

15 served by general aviation.’’. 

16 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

17 REIMBURSABLE AGREEMENTS. 

18 Section 106(m) is amended by striking ‘‘without’’ in 

19 the last sentence and inserting ‘‘with or without’’. 

20 SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU21 THORITY. 

22 Section 40110(c) is amended— 

23 (1) by inserting ‘‘and’’ after the semicolon in 

24 paragraph (3); 

25 (2) by striking paragraph (4); and 


bajohnson on PROD1PC77 with BILLS
69 

•S 1300 RS 

1 (3) by redesignating paragraph (5) as para2 graph (4). 

3 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

4 Section 40113(e) is amended— 

5 (1) by inserting ‘‘(whether public or private)’’ 

6 in paragraph (1) after ‘‘authorities’’; 

7 (2) by striking ‘‘safety.’’ in paragraph (1) and 

8 inserting ‘‘safety or efficiency. The Administrator is 

9 authorized to participate in, and submit offers in re10 sponse to, competitions to provide these services, 

11 and to contract with foreign aviation authorities to 

12 provide these services consistent with the provisions 

13 under section 106(l)(6) of this title. The Adminis14 trator is also authorized, notwithstanding any other 

15 provision of law or policy, to accept payments in ar16 rears.’’; and 

17 (3) by striking ‘‘appropriation from which ex18 penses were incurred in providing such services.’’ in 

19 paragraph (3) and inserting ‘‘appropriation current 

20 when the expenditures are or were paid, or the ap21 propriation current when the amount is received.’’. 

22 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

23 Section 40122(g)(2) is amended— 

24 (1) by striking ‘‘and’’ after the semicolon in 

25 subparagraph (G); 


bajohnson on PROD1PC77 with BILLS
70 

•S 1300 RS 

1 (2) by striking ‘‘Board.’’ in subparagraph (H) 

2 and inserting ‘‘Board;’’; and 

3 (3) by inserting at the end the following new 

4 subparagraph: 

5 ‘‘(I) subsections (b), (c), and (d) of section 

6 4507 (relating to Meritorious Executive or Dis7 tinguished Executive rank awards), and section 

8 subsections (b) and (c) of section 4507a (relat9 ing to Meritorious Senior Professional or Dis10 tinguished Senior Professional rank-awards), 

11 except that— 

12 ‘‘(i) for purposes of applying such 

13 provisions to the personnel management 

14 system— 

15 ‘‘(I) the term ‘agency’ means the 

16 Department of Transportation; 

17 ‘‘(II) the term ‘senior executive’ 

18 means an Federal Aviation Adminis19 tration executive; 

20 ‘‘(III) the term ‘career appointee’ 

21 means an Federal Aviation Adminis22 tration career executive; and 

23 ‘‘(IV) the term ‘senior career em24 ployee’ means an Federal Aviation 


bajohnson on PROD1PC77 with BILLS
71 

•S 1300 RS 

1 Administration career senior profes2 sional; 

3 ‘‘(ii) receipt by a career appointee of 

4 the rank of Meritorious Executive or Meri5 torious Senior Professional entitles such 

6 individual to a lump-sum payment of an 

7 amount equal to 20 percent of annual 

8 basic pay, which shall be in addition to the 

9 basic pay paid under the Federal Aviation 

10 Administration Executive Compensation 

11 Plan; and 

12 ‘‘(iii) receipt by a career appointee of 

13 the rank of Distinguished Executive or 

14 Distinguished Senior Professional entitles 

15 the individual to a lump-sum payment of 

16 an amount equal to 35 percent of annual 

17 basic pay, which shall be in addition to the 

18 basic pay paid under the Federal Aviation 

19 Administration Executive Compensation 

20 Plan.’’. 

21 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS22 MENT. 

23 (a) FAA CRITERIA FOR FACILITIES REALIGN24 MENT.—Within 9 months after the date of enactment of 

25 this Act, the Administrator of the Federal Aviation AdVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
72 

•S 1300 RS 

1 ministration, after providing an opportunity for public 

2 comment, shall publish final criteria to be used in making 

3 the Administrator’s recommendations for the realignment 

4 of services and facilities to assist in the transition to next 

5 generation facilities and help reduce capital, operating, 

6 maintenance, and administrative costs with no adverse ef7 fect on safety. 

8 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

9 months after publication of the criteria, the Administrator 

10 shall publish a list of the services and facilities that the 

11 Administrator recommends for realignment, including a 

12 justification for each recommendation, and a description 

13 of the costs and savings of such transition. 

14 (c) REALIGNMENT DEFINED.—As used in this sec15 tion, the term ‘‘realignment’’ includes any action which 

16 relocates functions and personnel positions but does not 

17 include a reduction in personnel resulting from workload 

18 adjustments. 

19 (d) STUDY BY BOARD.—The Air Traffic Control 

20 Modernization Oversight Board established by section 

21 106(p) of title 49, United States Code, shall study the Ad22 ministrator’s recommendations for realignment and the 

23 opportunities, risks, and benefits of realigning services and 

24 facilities of the Federal Aviation Administration to help 


bajohnson on PROD1PC77 with BILLS
73 

•S 1300 RS 

1 reduce capital, operating, maintenance, and administrative 

2 costs with no adverse effect on safety. 

3 (e) REVIEW AND RECOMMENDATIONS.— 

4 (1) After receiving the recommendations from 

5 the Administrator pursuant to subsection (b), the 

6 Board shall provide opportunity for public comment 

7 on such recommendations. 

8 (2) Based on its review and analysis of the Ad9 ministrator’s recommendations and any public com10 ment it may receive, the Board shall make its inde11 pendent recommendations for realignment of avia12 tion services or facilities and submit its rec13 ommendations in a report to the President, the Sen14 ate Committee on Commerce, Science, and Trans15 portation, and the House of Representatives Com16 mittee on Transportation and Infrastructure. 

17 (3) The Board shall explain and justify in its 

18 report any recommendation made by the Board that 

19 is different from the recommendations made by the 

20 Administrator pursuant to subsection (b). 

21 (4) The Administrator may not consolidate any 

22 additional approach control facilities into the South23 ern California TRACON TRACON, the Houston 

24 TRACON, or the Memphis TRACON until the 

25 Board’s recommendations are completed. 


bajohnson on PROD1PC77 with BILLS
74 

•S 1300 RS 

1 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS2 TEM PLANNING OFFICE. 

3 (a) IMPROVED COOPERATION AND COORDINATION

4 AMONG PARTICIPATING AGENCIES.—Section 709 of the 

5 Vision 100—Century of Aviation Reauthorization Act (49 

6 U.S.C. 40101 note) is amended— 

7 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 

8 (a)(3); 

9 (2) by inserting after subsection (a)(3) the fol10 lowing: 

11 ‘‘(B) The Administrator of the Federal 

12 Aviation Administration, the Secretary of De13 fense, the Administrator of the National Aero14 nautics and Space Administration, the Sec15 retary of Commerce, the Secretary of Homeland 

16 Security, and the head of any other Department 

17 or Federal agency from which the Secretary of 

18 Transportation requests assistance under sub19 paragraph (A) shall designate an implementa20 tion office to be responsible for— 

21 ‘‘(i) carrying out the Department or 

22 agency’s Next Generation Air Transpor23 tation System implementation activities 

24 with the Office; and 

25 ‘‘(ii) liaison and coordination with 

26 other Departments and agencies involved 


bajohnson on PROD1PC77 with BILLS
75 

•S 1300 RS 

1 in Next Generation Air Transportation 

2 System activities. System activities; and 

3 ‘‘(iii) managing all Next Generation 

4 Air Transportation System programs for 

5 the Department or agency, including nec6 essary budgetary and staff resources, includ7 ing, for the Federal Aviation Administra8 tion, those projects described in section 

9 44501(b)(5) of title 49, United States Code). 

10 ‘‘(C) The head of any such Department or 

11 agency shall ensure that— 

12 ‘‘(i) the Department’s or agency’s 

13 Next Generation Air Transportation Sys14 tem responsibilities are clearly commu15 nicated to the designated office; and 

16 ‘‘(ii) the performance of supervisory 

17 personnel in that office in carrying out the 

18 Department’s or agency’s Next Generation 

19 Air Transportation System responsibilities 

20 is reflected in their annual performance 

21 evaluations and compensation decisions. 

22 ‘‘(D)(i) Within 6 months after the date of 

23 enactment of the Aviation Investment and Mod24 ernization Act of 2007, the head of each such 

25 Department or agency shall execute a memoVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
76 

•S 1300 RS 

1 randum of understanding with the Office and 

2 with the other Departments and agencies par3 ticipating in the Next Generation Air Transpor4 tation System project that— 

5 ‘‘(I) describes the respective respon6 sibilities of each such Department and 

7 agency, including budgetary commitments; 

8 and 

9 ‘‘(II) the budgetary and staff re10 sources committed to the project. 

11 ‘‘(ii) The memorandum shall be revised as 

12 necessary to reflect any changes in such respon13 sibilities or commitments.’’; commitments and 

14 be reflected in each Department or agency’s 

15 budget request.’’; 

16 (3) by adding at the end of subsection (a) the 

17 following: 

18 ‘‘(5) The Director of the Office shall be a voting 

19 member of the Federal Aviation Administration’s Joint 

20 Resources Council and the Air Traffic Organization’s Ex21 ecutive Council.’’; 

22 (4) by striking ‘‘beyond those currently included 

23 in the Federal Aviation Administration’s Operational 

24 Evolution Plan’’ in subsection (b); 


bajohnson on PROD1PC77 with BILLS
77 

•S 1300 RS 

1 (5) by striking ‘‘research and development road2 map’’ in subsection (b)(3) and inserting ‘‘implemen3 tation plan’’; 

4 (6) by striking ‘‘and’’ after the semicolon in 

5 subsection (b)(3)(B); 

6 (7) by inserting after subsection (b)(3)(C) the 

7 following: 

8 ‘‘(D) a schedule of rulemakings required to 

9 issue regulations and guidelines for implementa10 tion of the Next Generation Air Transportation 

11 System within a timeframe consistent with the 

12 integrated plan; and’’; 

13 (8) by inserting ‘‘and key technologies’’ after 

14 ‘‘concepts’’ in subsection (b)(4); 

15 (9) by striking ‘‘users’’ in subsection (b)(4) and 

16 inserting ‘‘users, an implementation plan,’’; 

17 (10) by adding at the end of subsection (b) the 

18 following: 

19 ‘‘Within 6 months after the date of enactment of the Avia20 tion Investment and Modernization Act of 2007, the Ad21 ministrator shall develop the implementation plan de22 scribed in paragraph (3) of this subsection and shall up23 date it annually thereafter.’’; and 

24 (11) by striking ‘‘2010.’’ in subsection (e) and 

25 inserting ‘‘2011.’’. 


bajohnson on PROD1PC77 with BILLS
78 

•S 1300 RS 

1 (b) SENIOR POLICY COMMITTEE MEETINGS.—Sec2 tion 710(a) of such Act (49 U.S.C. 40101 note) is amend3 ed by striking ‘‘Secretary.’’ and inserting ‘‘Secretary and 

4 shall meet at least once each quarter.’’. 

5 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

6 Section 40102(a)(4) is amended— 

7 (1) by striking subparagraph (B) and inserting 

8 the following: 

9 ‘‘(B) runway lighting and airport surface 

10 visual and other navigation aids;’’; 

11 (2) by striking ‘‘weather information, signaling, 

12 radio-directional finding, or radio or other electro13 magnetic communication; and’’ in subparagraph (C) 

14 and inserting ‘‘aeronautical and meteorological infor15 mation to air traffic control facilities or aircraft, 

16 supplying communication, navigation or surveillance 

17 equipment for air-to-ground or air-to-air applica18 tions;’’; 

19 (3) by striking ‘‘another structure’’ in subpara20 graph (D) and inserting ‘‘any structure or equip21 ment’’; 

22 (4) by striking ‘‘aircraft.’’ in subparagraph (D) 

23 and inserting ‘‘aircraft; and’’; and 

24 (5) by adding at the end the following: 


bajohnson on PROD1PC77 with BILLS
79 

•S 1300 RS 

1 ‘‘(E) buildings, equipment and systems 

2 dedicated to the National Airspace System.’’. 

3 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN4 TORY. 

5 Section 40110(a)(2) is amended by striking ‘‘com6 pensation; and’’ and inserting ‘‘compensation, and the 

7 amount received may be credited to the appropriation cur8 rent when the amount is received; and’’. 

9 SEC. 312. EDUCATIONAL REQUIREMENTS. 

10 The Administrator of the Federal Aviation Adminis11 tration shall make payments to the Department of De12 fense for the education of dependent children of those 

13 Federal Aviation Administration employees in Puerto Rico 

14 and Guam who as they are subject to transfer by policy 

15 and practice and meet the eligibility requirements of sec16 tion 2164(c) of title 10, United States Code. 

17 SEC. 313. FEDERAL AVIATION ADMINISTRATION PER18 SONNEL MANAGEMENT SYSTEM. 

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

20 ‘‘(2) DISPUTE RESOLUTION.— 

21 ‘‘(A) MEDIATION.—If the Administrator 

22 does not reach an agreement under paragraph 

23 (1) or subsection (g)(2)(C) with the exclusive 

24 bargaining representatives, the services of the 

25 Federal Mediation and Conciliation Service 


bajohnson on PROD1PC77 with BILLS
80 

•S 1300 RS 

1 shall be used to attempt to reach such agree2 ment in accordance with part 1425 of title 29, 

3 Code of Federal Regulations. The Adminis4 trator and bargaining representatives may by 

5 mutual agreement adopt procedures for the res6 olution of disputes or impasses arising in the 

7 negotiation of a collective-bargaining agree8 ment. 

9 ‘‘(B) BINDING ARBITRATION.—If the serv10 ices of the Federal Mediation and Conciliation 

11 Service under subparagraph (A) does not lead 

12 to an agreement, the Administrator and the 

13 bargaining representatives shall submit their 

14 issues in controversy to the Federal Service Im15 passes Panel in accordance with section 7119 of 

16 title 5. The Panel shall assist the parties in re17 solving the impasse by asserting jurisdiction 

18 and ordering binding arbitration by a private 

19 arbitration board consisting of 3 members in 

20 accordance with section 2471.6(a)(2)(ii) of title 

21 5, Code of Federal Regulations. The executive 

22 director of the Panel shall request a list of not 

23 less than 15 names of arbitrators with Federal 

24 sector experience from the director of the Fed25 eral Mediation and Conciliation Service to be 


bajohnson on PROD1PC77 with BILLS
81 

•S 1300 RS 

1 provided to the Administrator and the bar2 gaining representatives. Within 10 days after 

3 receiving the list, the parties shall each select 1 

4 person. The 2 arbitrators shall then select a 

5 third person from the list within 7 days. If ei6 ther of the parties fails to select a person or if 

7 the 2 arbitrators are unable to agree on the 

8 third person within 3 days, the selection shall 

9 be chosen randomly through a process agreed to 

10 by the 2 parties. If the 2 arbitrators are unable 

11 to agree on the third person, the parties shall se12 lect the third person by alternately striking 

13 names from the list until only 1 name remains. 

14 If the parties do not agree on the framing of 

15 the issues to be submitted, the arbitration 

16 board shall frame the issues. The arbitration 

17 board shall give the parties a full and fair hear18 ing, including an opportunity to present evi19 dence in support of their claims, and an oppor20 tunity to present their case in person, by coun21 sel, or by other representative as they may 

22 elect. Decisions of the arbitration board shall be 

23 conclusive and binding upon the parties. The 

24 arbitration board shall render its decision with25 in 90 days after its appointment. The AdminisVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
82 

•S 1300 RS 

1 trator and the bargaining representative shall 

2 share costs of the arbitration equally. The arbi3 tration board shall take into consideration the 

4 effect of its arbitration decisions on the Federal 

5 Aviation Administration’s ability to attract and 

6 retain a qualified workforce and the Federal 

7 Aviation Administration’s budget. 

8 ‘‘(C) EFFECT.—Upon reaching a voluntary 

9 agreement or at the conclusion of the binding 

10 arbitration under subparagraph (B) above, the 

11 final agreement, except for those matters de12 cided by the arbitration board, shall be subject 

13 to ratification by the exclusive representative, if 

14 so requested by the exclusive representative, 

15 and approval by the head of the agency in ac16 cordance with subsection (g)(2)(C). 

17 ‘‘(D) ENFORCEMENT.—Enforcement of the 

18 provisions of this paragraph, and any agree19 ment hereunder, shall be in the United States 

20 District Court for the District of Columbia.’’. 

21 SEC. 314. RULEMAKING AND REPORT ON ADS–B IMPLEMEN22 TATION. 

23 (a) REPORT.—Within 90 days after the date of enact24 ment of this Act, the Administrator of the Federal Aviation 

25 Administration shall submit a report to the Senate ComVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
83 

•S 1300 RS 

1 mittee on Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Transportation and 

3 Infrastructure detailing the Administration program and 

4 schedule for integrating ADS–B technology into the Na5 tional Airspace System. The report shall include— 

6 (1) Phase 1 and Phase 2 activity to purchase 

7 and install necessary ADS–B ground stations; and 

8 (2) detailed plans and schedules for implementa9 tion of advanced operational procedures and ADS–B 

10 air-to-air applications. 

11 (b) RULEMAKING.—Not later than 12 months after the 

12 date of enactment of this Act the Administrator shall issue 

13 guidelines and regulations required for the implementation 

14 of ADS–B, including— 

15 (1) the type of avionics (e.g., ADS–B ‘‘out’’ avi16 onics) required of aircraft for all classes of airspace; 

17 (2) a schedule outlining when aircraft will be re18 quired to be equipped with such avionics; 

19 (3) the expected costs associated with the avi20 onics; and 

21 (4) the expected uses and benefits of the avionics. 


bajohnson on PROD1PC77 with BILLS
84 

•S 1300 RS 

1 TITLE IV—AIRLINE SERVICE 

2 AND SMALL COMMUNITY AIR 

3 SERVICE IMPROVEMENTS 

4 SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIRE5 MENTS. 

6 (a) IN GENERAL.—Chapter 417 is amended by add7 ing at the end the following: 

8 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

9 SERVICE 

10 ‘‘§ 41781. AIRLINE CONTINGENCY SERVICE RE11 QUIREMENTS. 

12 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

13 date of the enactment of the Aviation Investment and 

14 Modernization Act of 2007, each air carrier shall institute 

15 the following practices: 

16 ‘‘(1) PROVISION OF FOOD AND WATER.—In any 

17 case in which departure of a flight of an air carrier 

18 is substantially delayed, such air carrier shall pro19 vide— 

20 ‘‘(A) adequate food and potable water to 

21 passengers on such flight during such delay; 

22 and 

23 ‘‘(B) adequate restroom facilities to pas24 sengers on such flight during such delay. 

25 ‘‘(2) RIGHT TO DEPLANE.— 


bajohnson on PROD1PC77 with BILLS
85 

•S 1300 RS 

1 ‘‘(A) IN GENERAL.—An air carrier shall 

2 develop a plan, that incorporates medical con3 siderations, to ensure that passengers are pro4 vided a clear timeframe under which they will 

5 be permitted to deplane a delayed aircraft. The 

6 air carrier shall provide a copy of the plan to 

7 the Secretary of Transportation, who shall 

8 make the plan available to the public. In the ab9 sence of such a plan, except as provided in sub10 paragraph (B), if more than 3 hours after pas11 sengers have boarded an air carrier and the air 

12 carrier doors are closed, the air carrier has not 

13 departed, the air carrier shall provide pas14 sengers with the option to deplane safely before 

15 the departure of such air carrier. Such option 

16 shall be provided to passengers not less often 

17 than once during each 3-hour period that the 

18 plane remains on the ground. 

19 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

20 shall not apply— 

21 ‘‘(i) if the pilot of such flight reason22 ably determines that such flight will depart 

23 not later than 30 minutes after the 3 hour 

24 delay; or 


bajohnson on PROD1PC77 with BILLS
86 

•S 1300 RS 

1 ‘‘(ii) if the pilot of such flight reason2 ably determines that permitting a pas3 senger to deplane would jeopardize pas4 senger safety or security. 

5 ‘‘(C) APPLICATION TO DIVERTED

6 FLIGHTS.—This section applies to aircraft with7 out regard to whether they have been diverted to 

8 an airport other than the original destination. 

9 ‘‘(b) POSTING CONSUMER RIGHTS ON WEBSITE.—An 

10 air carrier holding a certificate issued under section 41102 

11 that conducts scheduled passenger air transportation shall 

12 publish conspicuously and update monthly on the Internet 

13 website of the air carrier a statement of the air carrier’s 

14 customer service policy and of air carrier customers’ con15 sumer rights under Federal and State law. 

16 ‘‘(b) (c) AIR CARRIER.—In this section the term ‘air 

17 carrier’ means an air carrier holding a certificate issued 

18 under section 41102 that conducts scheduled passenger 

19 air transportation.’’. 

20 (b) REGULATIONS.—Not later than 60 days after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall promulgate such regulations as the Secretary 

23 determines necessary to carry out the amendment made 

24 by subsection (a). 


bajohnson on PROD1PC77 with BILLS
87 

•S 1300 RS 

1 (c) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 417 is amended by adding at the end the 

3 following: 

SUBCHAPTER IV. AIRLINE CUSTOMER SERVICE

‘‘41781. Airline contingency service requirements.’’. 

4 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

5 FLIGHT DELAY HISTORY. 

6 Section 41722 is amended by adding at the end the 

7 following: 

8 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

9 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—An 

10 air carrier holding a certificate issued under section 

11 41102 that conducts scheduled passenger air trans12 portation shall publish and update monthly on the 

13 Internet website of the air carrier, or provide on re14 quest, a list of chronically delayed flights operated 

15 by the air carrier. 

16 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR17 CHASING TICKETS.—An air carrier shall disclose the 

18 following information prominently to an individual 

19 before that individual books transportation on the 

20 air carrier’s Internet website for any flight for which 

21 data is reported to the Department of Transpor22 tation under part 234 of title 14, Code of Federal 

23 Regulations, and for which the air carrier has pri24 mary responsibility for inventory control: 


bajohnson on PROD1PC77 with BILLS
88 

•S 1300 RS 

1 ‘‘(A) The on-time performance for the 

2 flight if it is a chronically delayed flight. 

3 ‘‘(B) The cancellation rate for the flight if 

4 it is a chronically canceled flight. 

5 ‘‘(3) CHRONICALLY DELAYED; CHRONICALLY

6 CANCELED.—The Secretary of Transportation shall 

7 define the terms ‘chronically delayed flight’ and 

8 ‘chronically canceled flight’ for purposes of this sub9 section.’’. 

10 SEC. 403. EAS CONNECTIVITY PROGRAM. 

11 Section 406(a) of the Vision 100—Century of Avia12 tion Reauthorization Act (49 U.S.C. 40101 note) is 

13 amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

14 SEC. 404. EXTENSION OF FINAL ORDER ESTABLISHING 

15 MILEAGE ADJUSTMENT ELIGIBILITY. 

16 Section 409(d) of the Vision 100—Century of Avia17 tion Reauthorization Act (49 U.S.C. 40101 note) is 

18 amended by striking ‘‘September 30, 2007.’’ and inserting 

19 ‘‘September 30, 2011.’’. 

20 SEC. 405. EAS CONTRACT GUIDELINES. 

21 Section 41737(a)(1) is amended— 

22 (1) by striking ‘‘and’’ after the semicolon in 

23 subparagraph (B); 

24 (2) by striking ‘‘provided.’’ in subparagraph (C) 

25 and inserting ‘‘provided;’’; and 


bajohnson on PROD1PC77 with BILLS
89 

•S 1300 RS 

1 (3) by adding at the end the following: 

2 ‘‘(D) include provisions under which the Sec3 retary may encourage carriers to improve air service 

4 to small and rural communities by incorporating fi5 nancial incentives in essential air service contracts 

6 based on specified performance goals; and 

7 ‘‘(E) include provisions under which the Sec8 retary may execute long-term essential air service 

9 contracts to encourage carriers to provide air service 

10 to small and rural communities where it would be in 

11 the public interest to do so.’’. 

12 SEC. 406. CONVERSION OF FORMER EAS AIRPORTS. 

13 (a) IN GENERAL.—Section 41745 is amended— 

14 (1) by redesignating subsections (c) through (g) 

15 as subsections (d) through (h), respectively; and 

16 (2) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) CONVERSION OF LOST ELIGIBILITY AIR19 PORTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall estab21 lish a program to provide general aviation conversion 

22 funding for airports serving eligible places that the 

23 Secretary has determined no longer qualify as eligi24 ble places. 


bajohnson on PROD1PC77 with BILLS
90 

•S 1300 RS 

1 ‘‘(2) GRANTS.—A grant under this sub2 section— 

3 ‘‘(A) may not exceed twice the compensa4 tion paid to provide essential air service to the 

5 airport in the fiscal year preceding the fiscal 

6 year in which the Secretary determines that the 

7 place served by the airport is no longer an eligi8 ble place; and 

9 ‘‘(B) may be used— 

10 ‘‘(i) for airport development (as de11 fined in section 47102(3)) that will en12 hance general aviation capacity at the air13 port; 

14 ‘‘(ii) to defray operating expenses, if 

15 such use is approved by the Secretary; or 

16 ‘‘(iii) to develop innovative air service 

17 options, such as on-demand or air taxi op18 erations, if such use is approved by the 

19 Secretary. 

20 ‘‘(3) AIP REQUIREMENTS.—An airport sponsor 

21 that uses funds provided under this subsection for 

22 an airport development project shall comply with the 

23 requirements of subchapter I of chapter 471 applica24 ble to airport development projects funded under 


bajohnson on PROD1PC77 with BILLS
91 

•S 1300 RS 

1 that subchapter with respect to the project funded 

2 under this subsection. 

3 ‘‘(4) LIMITATION.—The sponsor of an airport 

4 receiving funding under this subsection is not eligi5 ble for funding under section 41736.’’. 

6 (b) CONFORMING AMENDMENT.—Section 41745(f), 

7 as redesignated, is amended— 

8 (1) by striking ‘‘An eligible place’’ and inserting 

9 ‘‘Neither an eligible place, nor a place to which sub10 section (c) applies,’’; and 

11 (2) by striking ‘‘not’’. 

12 SEC. 407. ESSENTIAL AIR SERVICE REFORM. 

13 Section 41742(a) is amended— 

14 (1) by adding at the end of paragraph (1) ‘‘Any 

15 amount in excess of $50,000,000 credited for any 

16 fiscal year to the account established under section 

17 45303(c) shall be obligated for programs under sec18 tion 406 of the Vision 100—Century of Aviation Re19 authorization Act (49 U.S.C. 40101 note) and sec20 tion 41745 of this title. Amounts appropriated pur21 suant to this section shall remain available until ex22 pended.’’; and 

23 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

24 and inserting ‘‘$83,000,000’’. 


bajohnson on PROD1PC77 with BILLS
92 

•S 1300 RS 

1 SEC. 408. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

2 (a) IN GENERAL.—Section 47129 is amended— 

3 (1) by striking the section heading and insert4 ing the following: 

5 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

6 air carrier disputes concerning airport 

7 fees’’ ; 

8 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

9 after ‘‘CARRIER’’ in the subsection caption for sub10 section (d); 

11 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

12 after ‘‘CARRIER’’ in the paragraph caption for sub13 section (d)(2); 

14 (4) by striking ‘‘air carrier’’ each place it ap15 pears and inserting ‘‘air carrier or foreign air car16 rier’’; 

17 (5) by striking ‘‘air carrier’s’’ each place it ap18 pears and inserting ‘‘air carrier’s or foreign air car19 rier’s’’; 

20 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

21 carriers or foreign air carriers’’; and 

22 (7) by striking ‘‘(as defined in section 40102 of 

23 this title)’’ in subsection (a) and inserting ‘‘(as those 

24 terms are defined in section 40102 of this title)’’. 


bajohnson on PROD1PC77 with BILLS
93 

•S 1300 RS 

1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 471 is amended by striking the item relat3 ing to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees.’’. 

4 SEC. 409. SMALL COMMUNITY AIR SERVICE. 

5 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

6 (1) by striking ‘‘and’’ after the semicolon in 

7 subparagraph (D); 

8 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

9 and inserting ‘‘fashion; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(F) multiple communities cooperate to 

12 submit a region or multistate application to im13 prove air service.’’. 

14 (b) EXTENSION OF AUTHORIZATION.—Section 

15 41743(e)(2) is amended by striking ‘‘2008’’ and inserting 

16 ‘‘2011’’. 

17 SEC. 410. CONTRACT TOWER PROGRAM. 

18 (a) COST-BENEFIT REQUIREMENT.—Section 

19 47124(b)(1) is amended— 

20 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(B) If the Secretary determines that a tower already 

23 operating under this program has a benefit to cost ratio 

24 of less than 1.0, the airport sponsor or State or local govVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
94 

•S 1300 RS 

1 ernment having jurisdiction over the airport shall not be 

2 required to pay the portion of the costs that exceeds the 

3 benefit for a period of 18 months after such determination 

4 is made. 

5 ‘‘(C) If the Secretary finds that all or part of an 

6 amount made available to carry out the program contin7 ued under this paragraph is not required during a fiscal 

8 year, the Secretary may use during such fiscal year the 

9 amount not so required to carry out the program estab10 lished under paragraph (3) of this section.’’. 

11 (b) FUNDING.—Subparagraph (E) of section 

12 47124(b)(3) is amended— 

13 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

14 (2) by inserting ‘‘$8,500,000 for fiscal year 

15 2008, $9,000,000 for fiscal year 2009, $9,500,000 

16 for fiscal year 2010, and $10,000,000 for fiscal year 

17 2011’’ after ‘‘2007,’’; and 

18 (3) by inserting after ‘‘paragraph.’’ the fol19 lowing: ‘‘If the Secretary finds that all or part of an 

20 amount made available under this subparagraph is 

21 not required during a fiscal year to carry out this 

22 paragraph, the Secretary may use during such fiscal 

23 year the amount not so required to carry out the 

24 program continued under paragraph (b)(1) of this 

25 section.’’. 


bajohnson on PROD1PC77 with BILLS
95 

•S 1300 RS 

1 (c) FEDERAL SHARE.—Subparagraph (C) of section 

2 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in3 serting ‘‘$2,000,000.’’. 

4 (d) SAFETY AUDITS.—Section 41724 is amended by 

5 adding at the end the following: 

6 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

7 uniform standards and requirements for safety assess8 ments of air traffic control towers that receive funding 

9 under this section in accordance with the Administration’s 

10 safety management system.’’. 

11 SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED 

12 FORCES. 

13 (a) FINDINGS.—The Congress finds that— 

14 (1) the Armed Forces is comprised of approxi15 mately 1,400,000 members who are stationed on ac16 tive duty at more than 6,000 military bases in 146 

17 different countries; 

18 (2) the United States is indebted to the mem19 bers of the Armed Forces, many of whom are in 

20 grave danger due to their engagement in, or expo21 sure to, combat; 

22 (3) military service, especially in the current 

23 war against terrorism, often requires members of the 

24 Armed Forces to be separated from their families on 


bajohnson on PROD1PC77 with BILLS
96 

•S 1300 RS 

1 short notice, for long periods of time, and under 

2 very stressful conditions; 

3 (4) the unique demands of military service often 

4 preclude members of the Armed Forces from pur5 chasing discounted advance airline tickets in order 

6 to visit their loved ones at home; and 

7 (5) it is the patriotic duty of the people of the 

8 United States to support the members of the Armed 

9 Forces who are defending the Nation’s interests 

10 around the world at great personal sacrifice. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that each United States air carrier should— 

13 (1) establish for all members of the Armed 

14 Forces on active duty reduced air fares that are 

15 comparable to the lowest airfare for ticketed flights; 

16 and 

17 (2) offer flexible terms that allow members of 

18 the Armed Forces on active duty to purchase, mod19 ify, or cancel tickets without time restrictions, fees, 

20 and penalties. 

21 SEC. 412. EXPANSION OF DOT AIRLINE CONSUMER COM22 PLAINT INVESTIGATIONS. 

23 (a) IN GENERAL.—Subject to the availability of appro24 priations, the Secretary of Transportation shall investigate 

25 consumer complaints regarding— 


bajohnson on PROD1PC77 with BILLS
97 

•S 1300 RS 

1 (1) flight cancellations; 

2 (2) compliance with Federal regulations con3 cerning overbooking seats flights; 

4 (3) lost, damaged, or delayed baggage, and dif5 ficulties with related airline claims procedures; 

6 (4) problems in obtaining refunds for unused or 

7 lost tickets or fare adjustments; 

8 (5) incorrect or incomplete information about 

9 fares, discount fare conditions and availability, over10 charges, and fare increases; 

11 (6) the rights of passengers who hold frequent 

12 flier miles, or equivalent redeemable awards earned 

13 through customer-loyalty programs; and 

14 (7) deceptive or misleading advertising. 

15 (b) BUDGET NEEDS REPORT.—The Secretary shall 

16 provide, as an annex to its annual budget request, an esti17 mate of resources which would have been sufficient to inves18 tigate all such claims the Department of Transportation re19 ceived in the previous fiscal year. The annex shall be trans20 mitted to the Congress when the President submits the budg21 et of the United States to the Congress under section 1105 

22 of title 31, United States Code. 

23 SEC. 413. EAS MARKETING. 

24 The Secretary of Transportation shall require all ap25 plications to provide service under subchapter II of chapter 


bajohnson on PROD1PC77 with BILLS
98 

•S 1300 RS 

1 417 of title 49, United States Code, include a marketing 

2 plan. 

3 SEC. 414. EXTRAPERIMETAL AND INTRAPERIMETAL SLOTS 

4 AT RONALD REAGAN WASHINGTON NATIONAL 

5 AIRPORT. 

6 (a) BEYOND PERIMETER EXEMPTIONS.—Section 

7 41718 (a) is amended by striking ‘‘24’’ and inserting ‘‘36’’. 

8 (b) WITHIN PERIMETER EXEMPTIONS.—Section 41718 

9 (b) is amended by striking ‘‘20’’ and inserting ‘‘28’’. 

10 (c) LIMITATIONS.—Section 41718(c) is amended— 

11 (1) by striking ‘‘3 operations.’’ in paragraph (2) 

12 and inserting ‘‘4 operations. Operations conducted by 

13 new entrant and limited incumbent air carriers shall 

14 be afforded a scheduling priority over operations con15 ducted by other air carriers granted exemptions pur16 suant to section 41718 with the highest scheduling 

17 priority afforded to beyond-perimeter operations con18 ducted by new entrant and limited incumbent air 

19 carriers.’’; 

20 (2) by striking ‘‘six’’ in paragraph (3)(A) and 

21 inserting ‘‘8’’; 

22 (3) by striking ‘‘ten’’ in paragraph (3)(B) and 

23 inserting ‘‘12’’; and 

24 (4) by striking ‘‘four’’ in paragraph (3)(C) and 

25 inserting ‘‘6’’. 


bajohnson on PROD1PC77 with BILLS
99 

•S 1300 RS 

1 TITLE V—AVIATION SAFETY 

2 SEC. 501. RUNWAY INCURSION REDUCTION. 

3 Not later than December 31, 2008, the Administrator 

4 of the Federal Aviation Administration shall issue a plan 

5 to develop an installation and deployment schedule for sys6 tems the Administration is installing to alert controllers 

7 and flight crews to potential runway incursions. The plan 

8 shall be integrated into the annual Federal Aviation Ad9 ministration operational evolution plan. 

10 SEC. 502. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT. 

11 Not later than December 31, 2007, the Federal Avia12 tion Administration shall issue a final rule regarding the 

13 reduction of fuel tank flammability in transport category 

14 aircraft. 

15 SEC. 503. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER16 TIFICATES. 

17 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec18 tion 44703(d) is amended by adding at the end the fol19 lowing: 

20 ‘‘(3) JUDICIAL REVIEW.—A person substantially af21 fected by an order of the Board under this subsection, or 

22 the Administrator when the Administrator decides that an 

23 order of the Board will have a significant adverse impact 

24 on carrying out this part, may obtain judicial review of 

25 the order under section 46110 of this title. The AdminisVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
100 

•S 1300 RS 

1 trator shall be made a party to the judicial review pro2 ceedings. The findings of fact of the Board in any such 

3 case are conclusive if supported by substantial evidence.’’. 

4 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

5 amended by striking ‘‘section 44709 or’’ and inserting 

6 ‘‘section 44703(d), 44709, or’’. 

7 SEC. 504. RELEASE OF DATA RELATING TO ABANDONED 

8 TYPE CERTIFICATES AND SUPPLEMENTAL 

9 TYPE CERTIFICATES. 

10 Section 44704(a) is amended by adding at the end 

11 the following: 

12 ‘‘(5) RELEASE OF DATA.— 

13 ‘‘(A) Notwithstanding any other provision of 

14 law, the Administrator may designate, without the 

15 consent of the owner of record, engineering data in 

16 the agency’s possession related to a type certificate 

17 or a supplemental type certificate for an aircraft, en18 gine, propeller or appliance as public data, and 

19 therefore releasable, upon request, to a person seek20 ing to maintain the airworthiness of such product, if 

21 the Administrator determines that— 

22 ‘‘(i) the certificate containing the requested 

23 data has been inactive for 3 years; 

24 ‘‘(ii) the owner of record, or the owner of 

25 record’s heir, of the type certificate or suppleVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
101 

•S 1300 RS 

1 mental certificate has not been located despite 

2 a search of due diligence by the agency; and 

3 ‘‘(iii) the designation of such data as pub4 lic data will enhance aviation safety. 

5 ‘‘(B) In this section, the term ‘engineering 

6 data’ means type design drawings and specifications 

7 for the entire product or change to the product, in8 cluding the original design data, and any associated 

9 supplier data for individual parts or components ap10 proved as part of the particular aeronautical product 

11 certificate.’’. 

12 SEC. 505. DESIGN ORGANIZATION CERTIFICATES. 

13 Section 44704(e) is amended— 

14 (1) by striking ‘‘Beginning 7 years after the 

15 date of enactment of this subsection,’’ in paragraph 

16 (1) and inserting ‘‘Effective January 1, 2013,’’; 

17 (2) by striking ‘‘testing’’ in paragraph (2) and 

18 inserting ‘‘production’’; and 

19 (3) by striking paragraph (3) and inserting the 

20 following: 

21 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DESIGN

22 ORGANIZATION CERTIFICATION.—The Administrator may 

23 rely on the Design Organization for certification of compli24 ance under this section.’’. 


bajohnson on PROD1PC77 with BILLS
102 

•S 1300 RS 

1 SEC. 506. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

2 DATABASE SYSTEMS. 

3 (a) IN GENERAL.—Chapter 401 is amended by add4 ing at the end thereof the following: 

5 ‘‘§ 40130. FAA access to criminal history records or 

6 databases systems 

7 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS8 TEMS.— 

9 ‘‘(1) Notwithstanding section 534 of title 28 

10 and the implementing regulations for such section 

11 (28 C.F.R. part 20), the Administrator of the Fed12 eral Aviation Administration is authorized to access 

13 a system of documented criminal justice information 

14 maintained by the Department of Justice or by a 

15 State but may do so only for the purpose of carrying 

16 out its civil and administrative responsibilities to 

17 protect the safety and security of the National Air18 space System or to support the missions of the De19 partment of Justice, the Department of Homeland 

20 Security Security, and other law enforcement agen21 cies. The Administrator shall be subject to the same 

22 conditions or procedures established by the Depart23 ment of Justice or State for access to such an infor24 mation system by other governmental agencies with 

25 access to the system. 


bajohnson on PROD1PC77 with BILLS
103 

•S 1300 RS 

1 ‘‘(2) The Administrator may not use the access 

2 authorized under paragraph (1) to conduct criminal 

3 investigations. 

4 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

5 shall, by order, designate those employees of the Adminis6 tration who shall carry out the authority described in sub7 section (a). Such designated employees may— 

8 ‘‘(1) have access to and receive criminal history, 

9 driver, vehicle, and other law enforcement informa10 tion contained in the law enforcement databases of 

11 the Department of Justice, or of any jurisdiction in 

12 a State in the same manner as a police officer em13 ployed by a State or local authority of that State 

14 who is certified or commissioned under the laws of 

15 that State; 

16 ‘‘(2) use any radio, data link, or warning sys17 tem of the Federal Government and of any jurisdic18 tion in a State that provides information about 

19 wanted persons, be-on-the-lookout notices, or war20 rant status or other officer safety information to 

21 which a police officer employed by a State or local 

22 authority in that State who is certified or commis23 sion under the laws of that State has access and in 

24 the same manner as such police officer; or 


bajohnson on PROD1PC77 with BILLS
104 

•S 1300 RS 

1 ‘‘(3) receive Federal, State, or local government 

2 communications with a police officer employed by a 

3 State or local authority in that State in the same 

4 manner as a police officer employed by a State or 

5 local authority in that State who is commissioned 

6 under the laws of that State. 

7 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE

8 INFORMATION DEFINED.—In this section the term ‘sys9 tem of documented criminal justice information’ means 

10 any law enforcement databases, systems systems, or com11 munications containing information concerning identifica12 tion, criminal history, arrests, convictions, arrest war13 rants, or wanted or missing persons, including the Na14 tional Crime Information Center and its incorporated 

15 criminal history databases and the National Law Enforce16 ment Telecommunications System.’’. 

17 (b) CONFORMING AMENDMENT.—The chapter anal18 ysis for chapter 401 is amended by inserting after the item 

19 relating to section 40129 the following: 

‘‘§ 40130. FAA access to criminal history records or databases systems.’’. 

20 SEC. 507. FLIGHT CREW FATIGUE. 

21 (a) IN GENERAL.—Within 3 months after the date 

22 of enactment of this Act the Administrator of the Federal 

23 Aviation Administration shall conclude arrangements with 

24 the National Academy of Sciences for a study of pilot fa25 tigue. 


bajohnson on PROD1PC77 with BILLS
105 

•S 1300 RS 

1 (b) STUDY.—The study shall include consideration 

2 of— 

3 (1) research on fatigue, sleep, and circadian 

4 rhythms; 

5 (2) sleep and rest requirements recommended 

6 by the National Transportation Safety Board; and 

7 (3) international standards. 

8 (c) REPORT.—Within 18 months after initiating the 

9 study, the National Academy shall submit a report to the 

10 Administrator containing its findings and recommenda11 tions, including recommendations with respect to Federal 

12 Aviation Regulations governing flight limitation and rest 

13 requirements. 

14 (d) RULEMAKING.—After the Administrator receives 

15 the National Academy’s report, the Federal Aviation Ad16 ministration shall consider the findings of the National 

17 Academy in its rulemaking proceeding on flight time limi18 tations and rest requirements. 

19 (e) IMPLEMENTATION OF FLIGHT ATTENDANT FA20 TIGUE STUDY RECOMMENDATIONS.—Within 60 days 

21 after the date of enactment of this Act, the Administrator 

22 of the Federal Aviation Administration shall initiate a 

23 process to carry out the recommendations of the CAMI 

24 study on flight attendant fatigue. 


bajohnson on PROD1PC77 with BILLS
106 

•S 1300 RS 

1 SEC. 508. INCREASING SAFETY FOR HELICOPTER EMER2 GENCY MEDICAL SERVICE OPERATORS. 

3 (a) COMPLIANCE WITH 14 CFR PART 135 REGULA4 TIONS.—No later than 18 months after the date of enact5 ment of this Act, all helicopter emergency medical service 

6 operators shall comply with the regulations in part 135 

7 of title 14, Code of Federal Regulations whenever there 

8 is a medical crew on board, without regard to whether 

9 there are patients on board the helicopter. 

10 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

11 PROGRAM.—Within 60 days after the date of enactment 

12 of this Act, the Federal Aviation Administration shall ini13 tiate, and complete within 18 months, a rulemaking— 

14 (1) to create a standardized checklist of risk 

15 evaluation factors based on its Notice 8000.301, 

16 issued in August, 2005; and 

17 (2) to require helicopter emergency medical 

18 service operators to use the checklist to determine 

19 whether a mission should be accepted. 

20 (c) COMPREHENSIVE CONSISTENT FLIGHT DIS21 PATCH PROCEDURES.—Within 60 days after the date of 

22 enactment of this Act, the Federal Aviation Administra23 tion shall initiate, and complete within 18 months, a rule24 making— 

25 (1) to create standardized flight dispatch proce26 dures for helicopter emergency medical service operVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
107 

•S 1300 RS 

1 ators based on the regulations in part 121 of title 

2 14, Code of Federal Regulations; and 

3 (2) to require such operators to use those proce4 dures for flights. 

5 (d) IMPROVING SITUATIONAL AWARENESS.—Any 

6 helicopter used for helicopter emergency medical service 

7 operations that is ordered, purchased, or otherwise ob8 tained after the date of enactment of this Act shall have 

9 on board an operational terrain awareness and warning 

10 system that meets the technical specifications of section 

11 135.154 of the Federal Aviation Regulations (14 C.F.R. 

12 135.154). 

13 (e) IMPROVING THE DATA AVAILABLE TO NTSB IN14 VESTIGATORS AT CRASH SITES.— 

15 (1) STUDY.—Within 1 year after the date of 

16 enactment of this Act, the Federal Aviation Admin17 istration shall complete a feasibility study of requir18 ing flight data and cockpit voice recorders on new 

19 and existing helicopters used for emergency medical 

20 service operations. The study shall address, at a 

21 minimum, issues related to survivability, weight, and 

22 financial considerations of such a requirement. 

23 (2) RULEMAKING.—Within 2 years after the 

24 date of enactment of this Act, the Federal Aviation 

25 Administration shall complete a rulemaking to reVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
108 

•S 1300 RS 

1 quire flight data and cockpit voice recorders on 

2 board such helicopters. 

3 SEC. 509. CABIN CREW COMMUNICATION REQUIREMENTS. 

4 (a) IN GENERAL.—Section 44728 is amended— 

5 (1) by redesignating subsection (f) as sub6 section (g); and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) MINIMUM ENGLISH LANGUAGE SKILLS.— 

10 ‘‘(1) IN GENERAL.—No certificate holder may 

11 use any person to serve, nor may any person serve, 

12 as a flight attendant under this part, unless that 

13 person has the ability (1) to read, speak, and write 

14 English well enough to— 

15 ‘‘(A) read material written in English and 

16 comprehend the information; 

17 ‘‘(B) speak and understand English suffi18 ciently to provide direction to, and understand 

19 and answer questions from, English-speaking 

20 individuals; 

21 ‘‘(C) write incident reports and statements 

22 and log entries and statements; and 

23 ‘‘(D) carry out written and oral instruc24 tions regarding the proper performance of their 

25 duties. 


bajohnson on PROD1PC77 with BILLS
109 

•S 1300 RS 

1 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

2 paragraph (1) do not apply to service as a flight at3 tendant on a flight operated by a certificate holder 

4 solely between points outside the United States.’’. 

5 (b) ADMINISTRATION.—The Administrator of the 

6 Federal Aviation Administration shall work with certifi7 cate holders to which section 44728(f) of title 49, United 

8 States Code, applies to facilitate compliance with the re9 quirements of section 44728(f)(1) of that title. 

10 SEC. 510. CLARIFICATION OF MEMORANDUM OF UNDER11 STANDING WITH OSHA. 

12 (a) IN GENERAL.—Within 6 months after the date of 

13 enactment of this Act, the Administrator of the Federal 

14 Aviation Administration shall— 

15 (1) establish milestones, in consultation with the 

16 Occupational Safety and Health Administration, 

17 through a report to Congress for the completion of 

18 work begun under the August 2000 memorandum of 

19 understanding between the 2 Administrations and to 

20 address issues needing further action in the Adminis21 trations’ joint report in December 2000; and 

22 (2) initiate development of a policy statement to 

23 set forth the circumstances in which Occupational 

24 Safety and Health Administration requirements may 


bajohnson on PROD1PC77 with BILLS
110 

•S 1300 RS 

1 be applied to crewmembers while working in the air2 craft cabin. 

3 (b) POLICY STATEMENT.—The policy statement to be 

4 developed under subsection (a)(2) shall satisfy the following 

5 principles: 

6 (1) The establishment of a coordinating body 

7 similar to the Aviation Safety and Health Joint 

8 Team established by the August 2000 memorandum of 

9 understanding that includes representatives des10 ignated by both Administrations— 

11 (A) to examine the applicability of current 

12 and future Occupational Safety and Health Ad13 ministration regulations; 

14 (B) to recommend policies for facilitating 

15 the training of Federal Aviation Administration 

16 inspectors; and 

17 (C) to make recommendations that will gov18 ern the inspection and enforcement of safety and 

19 health standards on board aircraft in operation 

20 and all work-related environments. 

21 (2) Any standards adopted by the Federal Avia22 tion Administration shall set forth clearly— 

23 (A) the circumstances under which an em24 ployer is required to take action to address occu25 pational safety and health hazards; 


bajohnson on PROD1PC77 with BILLS
111 

•S 1300 RS 

1 (B) the measures required of an employer 

2 under the standard; and 

3 (C) the compliance obligations of an em4 ployer under the standard. 

5 SEC. 511. ACCELERATION OF DEVELOPMENT AND IMPLE6 MENTATION OF REQUIRED NAVIGATION PER7 FORMANCE APPROACH PROCEDURES. 

8 (a) IN GENERAL.—The Administrator of the Federal 

9 Aviation Administration shall set a target of achieving a 

10 minimum of 200 Required Navigation Performance proce11 dures each fiscal year through fiscal year 2012, with 25 

12 percent of that target number meeting the low visibility ap13 proach criteria. 

14 (b) USE OF THIRD PARTIES.—The Administrator is 

15 authorized to provide third parties the ability to design, 

16 flight check, and implement Required Navigation Perform17 ance approach procedures. 

18 TITLE VI—AVIATION RESEARCH 

19 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

20 (a) IN GENERAL.—Section 44511(f) is amended— 

21 (1) by striking ‘‘establish a 4-year pilot’’ in 

22 paragraph (1) and inserting ‘‘maintain an’’; and 

23 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

24 ‘‘program’’ the first time it appears; and 


bajohnson on PROD1PC77 with BILLS
112 

•S 1300 RS 

1 (3) by striking ‘‘program, including rec2 ommendations as to the need for establishing a per3 manent airport cooperative research program.’’ in 

4 paragraph (4) and inserting ‘‘program.’’. 

5 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

6 Not more than $15,000,000 per year for fiscal years 2008, 

7 2009, 2010, and 2011 may be appropriated to the Secretary 

8 of Transportation from the amounts made available each 

9 year under subsection (a) for the Airport Cooperative Re10 search Program under section 44511 of this title, of which 

11 not less than $5,000,000 per year shall be for research ac12 tivities related to the airport environment, including reduc13 tion of community exposure to civil aircraft noise, reduc14 tion of civil aviation emissions, or addressing water quality 

15 issues. 

16 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

17 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

18 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

19 From amounts made available under section 48102(a) of 

20 title 49, United States Code, the Administrator of the 

21 Federal Aviation Administration shall establish a research 

22 program related to reducing civilian aircraft source noise 

23 and emissions through grants or other measures author24 ized under section 106(l)(6) of such title, including reim25 bursable agreements with other Federal agencies. The proVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
113 

•S 1300 RS 

1 gram shall include participation of educational and re2 search institutions or private sector entities that have ex3 isting facilities and experience for developing and testing 

4 noise, emissions and energy reduction engine and aircraft 

5 technology, and developing alternative fuels. 

6 (b) ESTABLISHING A CONSORTIUM.—Within 6 

7 months after the date of enactment of this Act, the Ad8 ministrator shall designate, using a competitive process, 

9 an institution, entity, or consortium described in sub10 section (a) as a Consortium for Aviation Noise, Emissions, 

11 and Energy Technology Research to perform research in 

12 accordance with this section. The Consortium shall con13 duct the research program in coordination with the Na14 tional Aeronautics and Space Administration and other 

15 relevant agencies. 

16 (c) PERFORMANCE OBJECTIVES.—By January 1, 

17 2015, the research program shall accomplish the following 

18 objectives: 

19 (1) Certifiable aircraft technology that increases 

20 aircraft fuel efficiency by 25 percent relative to 1997 

21 subsonic aircraft technology. 

22 (2) Certifiable engine technology that reduces 

23 landing and takeoff cycle nitrogen oxide emissions 

24 by 50 percent, without increasing other gaseous or 


bajohnson on PROD1PC77 with BILLS
114 

•S 1300 RS 

1 particle emissions, over the International Civil Avia2 tion Organization standard adopted in 2004. 

3 (3) Certifiable aircraft technology that reduces 

4 noise levels by 10 dB (30 dB cumulative) relative to 

5 1997 subsonic jet aircraft technology. 

6 (4) Determination of the feasibility of use of al7 ternative fuels in aircraft systems, including success8 ful demonstration and quantification of benefits. 

9 (5) Determination of the extent to which new 

10 engine and aircraft technologies may be used to ret11 rofit or re-engine aircraft so as to increase the level 

12 of penetration into the commercial fleet. 

13 SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECH14 NOLOGY FOR CIVILIAN AIRCRAFT. 

15 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

16 From amounts made available under section 48102(a) of 

17 title 49, United States Code, the Secretary of Transpor18 tation shall establish a research program related to devel19 oping jet fuel from clean coal through grants or other 

20 measures authorized under section 106(l)(6) of such title, 

21 including reimbursable agreements with other Federal 

22 agencies. The program shall include participation by edu23 cational and research institutions that have existing facili24 ties and experience in the development and deployment of 

25 technology that processes coal to aviation fuel. 


bajohnson on PROD1PC77 with BILLS
115 

•S 1300 RS 

1 (b) DESIGNATION OF INSTITUTE INSTITUTION AS A

2 CENTER OF EXCELLENCE.—Within 6 months after the 

3 date of enactment of this Act, the Administrator of the 

4 Federal Aviation Administration shall designate an insti5 tution described in subsection (a) as a Center of Excel6 lence for Coal to Jet Fuel Coal-to-Jet-Fuel Research. 

7 SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERO8 NAUTICS. 

9 (a) ESTABLISHMENT.—There is established an advi10 sory committee to be know as the ‘‘Advisory Committee 

11 on the Future of Aeronautics’’. 

12 (b) MEMBERSHIP.—The Advisory Committee shall 

13 consist of 7 members appointed by the President from a 

14 list of 15 candidates proposed by the Director of the Na15 tional Academy of Sciences. 

16 (c) CHAIRPERSON.—The Advisory Committee mem17 bers shall elect 1 member to serve as chairperson of the 

18 Advisory Committee. 

19 (d) FUNCTIONS.—The Advisory Committee shall ex20 amine the best governmental and organizational struc21 tures for the conduct of civil aeronautics research and de22 velopment, including options and recommendations for 

23 consolidating such research to ensure continued United 

24 States leadership in civil aeronautics. The Committee shall 

25 consider transferring responsibility for civil aeronautics reVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
116 

•S 1300 RS 

1 search and development from the National Aeronautics 

2 and Space Administration to other existing departments 

3 or agencies of the Federal government or to a non-govern4 mental organization such as academic consortia or not5 for-profit organizations. In developing its recommenda6 tions, the Advisory Committee shall consider, as appro7 priate, the aeronautics research policies developed pursu8 ant to section 101(d) of Public Law 109–155 and the re9 quirements and priorities for aeronautics research estab10 lished by title IV of Public Law 109–155. 

11 (e) REPORT.—Not later than 12 months after the 

12 date on which the full membership of the Advisory Com13 mittee is appointed, the Advisory Committee shall submit 

14 a report to the Senate Committee on Commerce, Science, 

15 and Transportation and the House Committees on Science 

16 and Technology and on Transportation and Infrastructure 

17 on its findings and recommendations. The report may rec18 ommend a rank ordered list of acceptable solutions. 

19 (f) TERMINATION.—The Advisory Committee shall 

20 terminate 60 days after the date on which it submits the 

21 report to the Congress. 

22 SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

23 PAVEMENTS. 

24 (a) CONTINUATION OF PROGRAM.—The Administrator 

25 of the Federal Aviation Administration shall continue the 


bajohnson on PROD1PC77 with BILLS
117 

•S 1300 RS 

1 program to consider awards to nonprofit concrete and as2 phalt pavement research foundations to improve the design, 

3 construction, rehabilitation, and repair of airfield pave4 ments to aid in the development of safer, more cost effective, 

5 and more durable airfield pavements. 

6 (b) USE OF GRANTS OR COOPERATIVE AGREE7 MENTS.—The Administrator may use grants or cooperative 

8 agreements in carrying out this section. 

9 SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH10 ER RESEARCH. 

11 Within 60 days after the date of enactment of this Act, 

12 the Administrator of the Federal Aviation Administration 

13 shall— 

14 (1) initiate evaluation of proposals that would 

15 increase capacity throughout the air transportation 

16 system by reducing existing spacing requirements be17 tween aircraft of all sizes, including research on the 

18 nature of wake vortices; 

19 (2) begin implementation of a system to improve 

20 volcanic ash avoidance options for aircraft, including 

21 the development of a volcanic ash warning and notifi22 cation system for aviation; and 

23 (3) establish research projects on— 

24 (A) ground de-icing/anti-icing, ice pellets, 

25 and freezing drizzle; 


bajohnson on PROD1PC77 with BILLS
118 

•S 1300 RS 

1 (B) oceanic weather, including convective 

2 weather; 

3 (C) en route turbulence prediction and de4 tection; and 

5 (D) all hazards during oceanic operations, 

6 where commercial traffic is high and only rudi7 mentary satellite sensing is available, to reduce 

8 the hazards presented to commercial aviation. 

9 SEC. 607. INCORPORATION OF UNMANNED AERIAL SYS10 TEMS INTO FAA PLANS AND POLICIES. 

11 (a) RESEARCH.— 

12 (1) EQUIPMENT.—Section 44504 is amended— 

13 (A) by inserting ‘‘unmanned and manned’’ 

14 in subsection (a) after ‘‘improve’’; 

15 (B) by striking ‘‘and’’ after the semicolon in 

16 subsection (b)(6); 

17 (C) by striking ‘‘aircraft.’’ in subsection 

18 (b)(7) and inserting ‘‘aircraft; and’’; and 

19 (D) by adding at the end of subsection (b) 

20 the following: 

21 ‘‘(8) in conjunction with other Federal agencies 

22 as appropriate, to develop technologies and methods to 

23 assess the risk of and prevent defects, failures, and 

24 malfunctions of products, parts, and processes, for use 


bajohnson on PROD1PC77 with BILLS
119 

•S 1300 RS 

1 in all classes of unmanned aerial systems that could 

2 result in a catastrophic failure.’’. 

3 (2) HUMAN FACTORS; SIMULATIONS.—Section 

4 44505(b) is amended— 

5 (A) by striking ‘‘and’’ after the semicolon in 

6 paragraph (4); 

7 (B) by striking ‘‘programs.’’ in paragraph 

8 (5)(C) and inserting ‘‘programs; and’’; and 

9 (C) by adding at the end thereof the fol10 lowing: 

11 ‘‘(6) to develop a better understanding of the re12 lationship between human factors and unmanned aer13 ial systems air safety; and 

14 ‘‘(7) to develop dynamic simulation models of in15 tegrating all classes of unmanned aerial systems into 

16 the National Air Space.’’. 

17 (b) NATIONAL ACADEMY OF SCIENCES ASSESSMENT.— 

18 (1) IN GENERAL.—Within 3 months after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall enter into an 

21 arrangement with the National Academy of Science 

22 for an assessment of unmanned aerial systems that 

23 shall include consideration of— 

24 (A) human factors regarding unmanned 

25 aerial systems operation; 


bajohnson on PROD1PC77 with BILLS
120 

•S 1300 RS 

1 (B) ‘‘detect, sense and avoid technologies’’ 

2 with respect to both cooperative and non-cooper3 ative aircraft; 

4 (C) spectrum issues and bandwidth require5 ments; 

6 (D) operation in suboptimal winds and ad7 verse weather conditions; 

8 (E) mechanisms for letter others know 

9 where the unmanned aerial system is flying; 

10 (F) airworthiness and system redundancy; 

11 (G) flight termination systems for safety 

12 and security; 

13 (H) privacy issues; 

14 (I) technologies for unmanned aerial sys15 tems flight control; 

16 (J) technologies for unmanned aerial sys17 tems propulsion; 

18 (K) unmanned aerial systems operator 

19 qualifications, medical standards, and training 

20 requirements; 

21 (L) unmanned aerial systems maintenance 

22 requirements and training requirements; and 

23 (M) any other unmanned aerial systems-re24 lated issue the Administrator believes should be 

25 addressed. 


bajohnson on PROD1PC77 with BILLS
121 

•S 1300 RS 

1 (2) REPORT.—Within 12 months after initiating 

2 the study, the National Academy shall submit its re3 port to the Administrator, the Senate Committee on 

4 Commerce, Science, and Transportation, and the 

5 House of Representatives Committee on Transpor6 tation and Infrastructure containing its findings and 

7 recommendations. 

8 (c) PILOT PROJECTS.— 

9 (1) IN GENERAL.—The Administrator of the Fed10 eral Aviation Administration shall establish 3 2-year 

11 cost-shared pilot projects in sparsely populated, low12 density Class G air traffic airspace to conduct experi13 ments and collect data in order to accelerate the safe 

14 integration of unmanned aerial systems into the Na15 tional Airspace System as follows: 

16 (A) 1 project shall address operational 

17 issues required for integration of Category 1 un18 manned aerial systems. 

19 (B) 1 project shall address operational 

20 issues required for integration of Category 2 un21 manned aerial systems. 

22 (C) 1 project shall address operational 

23 issues required for integration of Category 3 un24 manned aerial systems. 


bajohnson on PROD1PC77 with BILLS
122 

•S 1300 RS 

1 (2) USE OF CONSORTIA.—In conducting the pilot 

2 projects, the Administrator shall encourage the forma3 tion of consortia from the public and private sectors, 

4 educational institutions, and non-profit organization. 

5 (3) REPORT.—Within 60 days after completing 

6 the pilot projects, the Administrator shall transmit a 

7 report to the Senate Committee on Commerce, 

8 Science, and Transportation and the House of Rep9 resentatives Committee on Transportation and Infra10 structure setting forth the Administrator’s findings 

11 and conclusions concerning the projects. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Ad14 ministrator for fiscal years 2008 and 2009 such sums 

15 as may be necessary to conduct the pilot projects. 

16 (d) FAA TASK LIST.— 

17 (1) STREAMLINE UNMANNED AERIAL SYSTEMS

18 CERTIFICATION PROCESS.—Within 30 days after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall develop and 

21 transmit an unmanned aerial systems ‘‘roadmap’’ to 

22 the Senate Committee on Commerce, Science, and 

23 Transportation and the House of Representatives 

24 Committee on Transportation and Infrastructure. 


bajohnson on PROD1PC77 with BILLS
123 

•S 1300 RS 

1 (2) UPDATE POLICY STATEMENT.—Within 45 

2 days after the date of enactment of this Act, the Ad3 ministrator shall issue an updated policy statement 

4 on unmanned aerial systems under Docket No. FAA– 

5 2006–25714; Notice No. 07–01. 

6 (3) ISSUE NPRM FOR CERTIFICATES.—Within 90 

7 days after the date of enactment of this Act, the Ad8 ministrator shall publish a notice of proposed rule9 making on issuing airworthiness certificates and ex10 perimental certificates to unmanned aerial systems 

11 operators for compensation or hire. The Adminis12 trator shall promulgate a final rule 90 days after the 

13 date on which the notice is published. 

14 (4) NOTICE TO CONGRESS ON BASING UNMANNED

15 AERIAL SYSTEMS REGULATIONS ON ULTRALIGHT REG16 ULATIONS.—Within 90 days after the date of enact17 ment of this Act, the Administrator shall transmit a 

18 report to the Senate Committee on Commerce, 

19 Science, and Transportation and the House of Rep20 resentatives Committee on Transportation and Infra21 structure on the potential of using part 103 of title 

22 14, Code of Federal Regulations (relating to Ultra23 light Aircraft), as the regulatory basis for regulations 

24 on lightweight unmanned aerial systems. 


bajohnson on PROD1PC77 with BILLS
124 

•S 1300 RS 

1 (e) CONSOLIDATED RULEMAKING DEADLINE.—No 

2 later than April 30, 2010, the Federal Aviation Adminis3 tration and other affected Federal agencies shall have initi4 ated all of the rule makings regarding vehicle design re5 quirements, operational requirements, airworthiness re6 quirements, and flight crew certifications requirements nec7 essary for integrating all categories of unmanned aerial sys8 tems into the national air space, taking into consideration 

9 the recommendations the Administrator receives from the 

10 National Academy of Sciences report under subsection (b), 

11 the unmanned aerial systems ‘‘roadmap’’ developed by the 

12 Administrator under subsection (d)(1), the recommenda13 tions of the Radio Technical Committee Aeronautics Special 

14 Committee 203 (RTCA–SC 203), and the data generated 

15 from the 3 pilot projects conducted under subsection (c). 

16 SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE 

17 IN APPLIED RESEARCH AND TRAINING IN 

18 THE USE OF ADVANCED MATERIALS IN 

19 TRANSPORT AIRCRAFT. 

20 Section 708(b) of the Vision 100—Century of Aviation 

21 Reauthorization Act (49 U.S.C. 44504 note) is amended by 

22 striking ‘‘$500,000 for fiscal year 2004’’ and inserting 

23 ‘‘$1,000,000 for each of fiscal years 2008 through 2012’’. 


bajohnson on PROD1PC77 with BILLS
125 

•S 1300 RS 

1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. GENERAL AUTHORITY. 

3 (a) GENERAL AUTHORITY.—Paragraph (1) of section 

4 44302(e), as redesignated by subsection (a)(1)(B), is 

5 amended by striking ‘‘December 31, 2006,’’ and inserting 

6 ‘‘December 31, 2008,’’. 

7 (b) (a) THIRD PARTY LIABILITY.—Section 44303(b) 

8 is amended by striking ‘‘December 31, 2006,’’ and insert9 ing ‘‘December 31, 2012,’’. 

10 (c) (b) EXTENSION OF PROGRAM AUTHORITY.—Sec11 tion 44310 is amended by striking ‘‘March 30, 2008.’’ and 

12 inserting ‘‘March 30, 2013.’’. ‘‘October 1, 2017.’’. 

13 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

14 Within 6 months after the date of enactment of this 

15 Act, the Administrator of the Federal Aviation Adminis16 tration shall develop a Human Intervention Management 

17 Study program for cabin crews employed by commercial 

18 air carriers in the United States. 

19 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

20 The Administrator of the Federal Aviation Adminis21 tration— 

22 (1) shall establish a formal, structured certifi23 cation training program for the airport concessions 

24 disadvantaged business enterprise program; and 


bajohnson on PROD1PC77 with BILLS
126 

•S 1300 RS 

1 (2) may appoint 3 additional staff to implement 

2 the programs of the airport concessions disadvan3 taged business enterprise initiative. 

4 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

5 (a) EXTENSION OF METROPOLITAN WASHINGTON

6 AIRPORTS AUTHORITY.—Section 49108 is amended by 

7 striking ‘‘2008,’’ and inserting ‘‘2011,’’. 

8 (b) MARSHALL ISLANDS, FEDERATED STATES OF

9 MICRONESIA, AND PALAU.—Section 47115(j) is amended 

10 by striking ‘‘2007,’’ and inserting ‘‘2011,’’. 

11 (c) MIDWAY ISLAND AIRPORT.—Section 186(d) of 

12 the Vision 100—Century of Aviation Reauthorization Act 

13 (17 Stat. 2518) is amended by striking ‘‘October 1, 

14 2007,’’ and inserting ‘‘October 1, 2011,’’. 

15 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

16 Section 47107(s) is amended by striking paragraph 

17 (3). 

18 SEC. 706. MODIFICATION OF FAA’S AGE-60 STANDARD. 

19 (a) IN GENERAL.—A pilot who has attained 60 years 

20 of age may serve as a pilot of an aircraft operated by an 

21 air carrier engaged in operations under part 121 of title 

22 14, Code of Federal Regulations, until attaining 65 years 

23 of age only if the pilot serves— 

24 (1) as a required pilot in multi-crew aircraft op25 erations; and 


bajohnson on PROD1PC77 with BILLS
127 

•S 1300 RS 

1 (2) with another pilot serving as a required 

2 pilot in such multi-crew aircraft operations who has 

3 not yet attained 60 years of age. 

4 (b) SUNSET OF AGE-60 RULE.— 

5 (1) IN GENERAL.—On and after the effective 

6 date described in subsection (e), section Section 

7 121.383(c) of title 14, Code of Federal Regulations 

8 shall have no further force or effect. 

9 (2) REGULATIONS.—Not later than 30 days 

10 after the effective date described in subsection (e), 

11 paragraph (1) takes effect, the Secretary of Trans12 portation shall take such action as may be necessary 

13 to implement paragraph (1) and to modify the regu14 lations relating to pilot privileges by reason of age. 

15 (c) APPLICABILITY.—The provisions of subsection (a) 

16 shall not provide a basis for a claim of seniority under 

17 any labor agreement in effect between a recognized bar18 gaining unit for pilots and an air carrier engaged in oper19 ations under part 121 of title 14, Code of Federal Regula20 tions, that is made by a person who was a pilot and who 

21 attained 60 years of age before the effective date described 

22 in subsection (e) this section takes effect and is seeking a 

23 position as a pilot with such air carrier following that per24 son’s termination or cessation of employment or promotion 

25 or transfer to another position with such air carrier pursuVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
128 

•S 1300 RS 

1 ant to section 121.383(c) of title 14, Code of Federal Reg2 ulations, as in effect on the day before the effective date 

3 described in subsection (e). of this section. 

4 (d) GAO REPORT AFTER MODIFICATION OF AGE-60 

5 STANDARD.—Not later than 24 months after the effective 

6 date described in subsection (e), the Comptroller General 

7 of the United States shall report to the Committee on 

8 Commerce, Science, and Transportation of the Senate and 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives Senate Committee on Com11 merce, Science, and Transportation and the House of Rep12 resentatives Committee on Transportation and Infrastruc13 ture concerning the effect on aviation safety, if any, of the 

14 modification of the age standard contained in subsection 

15 (a). 

16 (e) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is 30 days after the date of the enactment 

18 of this Act. 

19 SEC. 707. UPDATE ON OVERFLIGHTS. 

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

21 ‘‘(b) LIMITATIONS.— 

22 ‘‘(1) IN GENERAL.—In establishing fees under 

23 subsection (a), the Administrator shall ensure that 

24 the fees required by subsection (a) are reasonably 

25 related to the Administration’s costs, as determined 


bajohnson on PROD1PC77 with BILLS
129 

•S 1300 RS 

1 by the Administrator, of providing the services ren2 dered. Services for which costs may be recovered in3 clude the costs of air traffic control, navigation, 

4 weather services, training, and emergency services 

5 which are available to facilitate safe transportation 

6 over the United States, and other services provided 

7 by the Administrator or by programs financed by 

8 the Administrator to flights that neither take off nor 

9 land in the United States. The determination of 

10 such costs by the Administrator is not subject to ju11 dicial review. 

12 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis13 trator shall adjust the overflight fees established by 

14 subsection (a)(1) by expedited rulemaking and begin 

15 collections under the adjusted fees by October 1, 

16 2008. In developing the adjusted overflight fees, the 

17 Administrator shall seek and consider the rec18 ommendations offered by the Aviation Rulemaking 

19 Committee for Overflight Fees that are intended to 

20 ensure that overflight fees are reasonably related to 

21 the Administrator’s costs of providing air traffic 

22 control and related services to overflights. In addi23 tion, the Administrator may periodically modify the 

24 fees established under this section either on the AdVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
130 

•S 1300 RS 

1 ministrator’s own initiative or on a recommendation 

2 from the Air Traffic Control Modernization Board. 

3 ‘‘(3) COST DATA.—The adjustment of overflight 

4 fees under paragraph (2) shall be based on the costs 

5 to the Administration of providing the air traffic 

6 control and related activities, services, facilities, and 

7 equipment using the available data derived from the 

8 Administration’s cost accounting system and cost al9 location system to users, as well as budget and oper10 ational data. 

11 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this 

12 section shall require the Administrator to take into 

13 account aircraft altitude in establishing any fee for 

14 aircraft operations in en route or oceanic airspace. 

15 ‘‘(5) ADMINISTRATIVE PROVISIONS.—Section 

16 48515(c) 48115(c) shall apply to the imposition and 

17 collection of overflight fees established under this 

18 section. For the purpose of applying that section to 

19 such fees, any reference in section 48515(c) to ‘sur20 charge’ or ‘surcharges’ is deemed to refer to ‘over21 flight fee’ or ‘overflight fees’, respectively. 

22 ‘‘(6) COSTS DEFINED.—In this subsection, the 

23 term ‘costs’ means those costs associated with the 

24 operation, maintenance, debt service, and overhead 

25 expenses of the services provided and the facilities 


bajohnson on PROD1PC77 with BILLS
131 

•S 1300 RS 

1 and equipment used in such services, including the 

2 projected costs for the period during which the serv3 ices will be provided. 

4 ‘‘(7) PUBLICATION; COMMENT.—The Adminis5 trator shall publish in the Federal Register any fee 

6 schedule under this section, including any adjusted 

7 overflight fee schedule, and the associated collection 

8 process as an interim final rule, pursuant to which 

9 public comment will be sought and a final rule 

10 issued.’’. 

11 SEC. 708. TECHNICAL CORRECTIONS. 

12 Section 41022(g) 40122(g), as amended by section 307 

13 of this Act, is further amended— 

14 (1) by striking ‘‘2302(b), relating to whistle15 blower protection,’’ in paragraph (2)(A) and insert16 ing ‘‘2302,’’; and 

17 (2) by striking ‘‘and’’ after the semicolon in 

18 paragraph (2)(H). 

19 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

20 and inserting ‘‘Plan; and’’; 

21 (4) by adding at the end of paragraph (2) the 

22 following: 

23 ‘‘(J) sections 6381 through 6387, relating to 

24 Family and Medical Leave.’’; and 


bajohnson on PROD1PC77 with BILLS
132 

•S 1300 RS 

1 (2) (5) by adding at the end of paragraph (3) 

2 ‘‘Notwithstanding any other provision of law, retro3 active to April 1, 1996, the Board shall have the 

4 same remedial authority over such employee appeals 

5 that it had as of March 31, 1996.’’. 

6 SEC. 709. FAA TECHNICAL TRAINING AND STAFFING. 

7 (a) STUDY.— 

8 (1) IN GENERAL.—The Comptroller General 

9 shall conduct a study of the training of airway 

10 transportation systems specialists of the Federal 

11 Aviation Administration that includes— 

12 (A) an analysis of the type of training pro13 vided to such specialists; 

14 (B) an analysis of the type of training that 

15 such specialists need to be proficient in the 

16 maintenance of the latest technologies; 

17 (C) actions that the Administration has 

18 undertaken to ensure that such specialists re19 ceive up-to-date training on such technologies; 

20 (D) the amount and cost of training pro21 vided by vendors for such specialists; 

22 (E) the amount and cost of training pro23 vided by the Administration after developing in24 house training courses for such specialists; 


bajohnson on PROD1PC77 with BILLS
133 

•S 1300 RS 

1 (F) the amount and cost of travel required 

2 of such specialists in receiving training; and 

3 (G) a recommendation regarding the most 

4 cost-effective approach to providing such train5 ing. 

6 (2) REPORT.—Within 1 year after the date of 

7 enactment of this Act, the Comptroller General shall 

8 transmit a report on the study containing the Comp9 troller General’s findings and recommendations to 

10 the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives 

12 Committee on Transportation and Infrastructure. 

13 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act, the Administrator 

16 of the Federal Aviation Administration shall contract 

17 with the National Academy of Sciences to conduct a 

18 study of the assumptions and methods used by the 

19 Federal Aviation Administration to estimate staffing 

20 needs for Federal Aviation Administration air traffic 

21 controllers and system specialists to ensure proper 

22 maintenance and certification of the National Air23 space System. The National Academy of Sciences 

24 shall consult with the Exclusive Bargaining Rep25 resentative certified under section 7111 of title 5, 


bajohnson on PROD1PC77 with BILLS
134 

•S 1300 RS 

1 United States Code, and the Administration (includ2 ing the Civil Aeronautical Medical Institute) and ex3 amine data entailing human factors, traffic activity, 

4 and the technology at each facility. 

5 (2) CONTENTS.—The study shall include— 

6 (A) recommendations for objective staffing 

7 standards that maintain the safety of the Na8 tional Airspace System; and 

9 (B) the approximate length of time for de10 veloping such standards. 

11 (3) REPORT.—Not later than 24 months after 

12 executing a contract under subsection (a), the Na13 tional Academy of Sciences shall transmit a report 

14 containing its findings and recommendations to the 

15 Congress. 

16 (b) (c) SAFETY STAFFING MODEL.—Within 18 

17 months after the date of enactment of this Act, the Ad18 ministrator of the Federal Aviation Administration shall 

19 develop a staffing model for aviation safety inspectors. In 

20 developing the model, the Administrator shall consult with 

21 representatives of the aviation safety inspectors and other 

22 interested parties. 


bajohnson on PROD1PC77 with BILLS
135 

•S 1300 RS 

1 SEC. 710. COMMERCIAL AIR TOUR OPERATORS IN NA2 TIONAL PARKS. 

3 (a) SECRETARY OF THE INTERIOR AND OVERFLIGHTS

4 OF NATIONAL PARKS.— 

5 (1) Section 40128 is amended— 

6 (A) by striking paragraph (8) of subsection 

7 (f); 

8 (B) by striking ‘‘Director’’ each place it ap9 pears and inserting ‘‘Secretary of the Interior’’; 

10 (C) by striking ‘‘National Park Service’’ in 

11 subsection (a)(2)(B)(vi) and inserting ‘‘Depart12 ment of the Interior’’; and 

13 (D) by striking ‘‘National Park Service’’ in 

14 subsection (b)(4)(C) and inserting ‘‘Department 

15 of the Interior’’. 

16 (2) The National Parks Air Tour Management 

17 Act of 2000 (49 U.S.C. 40128 note) is amended— 

18 (A) by striking ‘‘Director’’ in section 804(b) 

19 and inserting ‘‘Secretary of the Interior’’; 

20 (B) in section 805— 

21 (i) by striking ‘‘Director of the Na22 tional Park Service’’ in subsection (a) and 

23 inserting ‘‘Secretary of the Interior’’; 

24 (ii) by striking ‘‘Director’’ each place 

25 it appears and inserting ‘‘Secretary of the 

26 Interior’’; 


bajohnson on PROD1PC77 with BILLS
136 

•S 1300 RS 

1 (iii) by striking ‘‘National Park Serv2 ice’’ each place it appears in subsection (b) 

3 and inserting ‘‘Department of the Interior’’; 

4 (iv) by striking ‘‘National Park Serv5 ice’’ in subsection (d)(2) and inserting ‘‘De6 partment of the Interior’’; and 

7 (C) in section 807— 

8 (i) by striking ‘‘National Park Serv9 ice’’ in subsection (a)(1) and inserting ‘‘De10 partment of the Interior’’; and 

11 (ii) by striking ‘‘Director of the Na12 tional Park Service’’ in subsection (b) and 

13 inserting ‘‘Secretary of the Interior’’. 

14 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE15 MENT.—Paragraph (1) of subsection (a) of section 40128 

16 is amended— 

17 (1) by striking ‘‘and’’ in subparagraph (B); 

18 (2) by striking ‘‘lands.’’ in subparagraph (C) 

19 and inserting ‘‘lands; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(D) in accordance with a voluntary agree22 ment between the commercial air tour operator 

23 and appropriate representatives of the national 

24 park or tribal lands, as the case may be.’’. 


bajohnson on PROD1PC77 with BILLS
137 

•S 1300 RS 

1 (c) ADDITIONAL EXEMPTIONS TO AIR TOUR MANAGE2 MENT PLANS.—Subsection (a) of section 40128 is further 

3 amended by adding at the end the following: 

4 ‘‘(5) WAIVER FOR NATIONAL PARKS WITH 100 OR

5 FEWER COMMERCIAL AIR TOUR OPERATIONS PER

6 YEAR.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), and without further administrative 

9 or environmental process, the Secretary may 

10 waive the requirements of this section with re11 spect to a national park over which 100 or fewer 

12 commercial air tour operations are conducted in 

13 a year. 

14 ‘‘(B) EXCEPTION TO WAIVER IF NECESSARY

15 TO PROTECT PARK RESOURCES.— 

16 ‘‘(i) IN GENERAL.—The Secretary may 

17 not waive the requirements of this section if 

18 the Secretary determines that an air tour 

19 management plan is necessary to protect 

20 park resources and values. 

21 ‘‘(ii) NOTICE AND PUBLICATION.—The 

22 Secretary shall inform the Administrator in 

23 writing of the determinations under clause 

24 (i), and the Secretary and the Adminis25 trator shall publish in the Federal Register 


bajohnson on PROD1PC77 with BILLS
138 

•S 1300 RS 

1 a list of the national parks that fall under 

2 this subparagraph. 

3 ‘‘(6) WAIVER WITH RESPECT TO VOLUNTARY

4 AGREEMENTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 waive the requirements of this section if a com7 mercial air tour operator enters into a voluntary 

8 agreement with a national park to manage com9 mercial air tour operations over the national 

10 park. 

11 ‘‘(B) PURPOSE OF VOLUNTARY AGREE12 MENTS.—A voluntary agreement described in 

13 subparagraph (A) shall seek to protect park re14 sources and visitor experiences without compro15 mising aviation safety, and may— 

16 ‘‘(i) include provisions described in 

17 subparagraph (B) through (E) of subsection 

18 (b)(3); 

19 ‘‘(ii) include provisions to ensure the 

20 stability of, and compliance with, the provi21 sions of the voluntary agreement; and 

22 ‘‘(iii) set forth a fee schedule for oper23 ating over the national park. 

24 ‘‘(C) CONSULTATION.—Before entering into 

25 a voluntary agreement described in subparaVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
139 

•S 1300 RS 

1 graph (A), a national park shall consult with 

2 any Indian tribe over whose tribal lands a com3 mercial air tour operator may conduct commer4 cial air tour operations pursuant to the vol5 untary agreement. 

6 ‘‘(D) REVIEW AND APPROVAL BY THE SEC7 RETARY AND THE ADMINISTRATOR.— 

8 ‘‘(i) REVIEW.—Before executing a vol9 untary agreement described in subpara10 graph (A), a national park shall submit the 

11 voluntary agreement to the Secretary and 

12 the Administrator for review and approval. 

13 ‘‘(ii) APPROVAL.—Not later than 60 

14 days after receiving the agreement from the 

15 national park, the Secretary and the Ad16 ministrator shall inform the national park 

17 of the determination of the Secretary and 

18 the Administrator regarding the approval of 

19 the agreement. 

20 ‘‘(E) RESCISSION OF VOLUNTARY AGREE21 MENT.— 

22 ‘‘(i) BY THE SECRETARY.—The Sec23 retary may rescind a voluntary agreement 

24 described in subparagraph (A) if the Sec25 retary determines that the agreement does 


bajohnson on PROD1PC77 with BILLS
140 

•S 1300 RS 

1 not adequately protect park resources or vis2 itor experiences. 

3 ‘‘(ii) BY THE ADMINISTRATOR.—The 

4 Administrator may rescind a voluntary 

5 agreement described in subparagraph (A) if 

6 the Administrator determines that the 

7 agreement adversely affects aviation safety 

8 or the management of the national airspace 

9 system. 

10 ‘‘(iii) EFFECT OF RESCISSION.—If the 

11 Secretary or the Administrator rescinds a 

12 voluntary agreement described in subpara13 graph (A), the commercial air tour operator 

14 that was a party to the agreement shall op15 erate under the requirements for interim op16 erating authority of subsection (c) until an 

17 air tour management plan for the national 

18 park becomes effective.’’. 

19 (d) MODIFICATION OF INTERIM OPERATING AUTHOR20 ITY.—Subsection (c)(2)(I) of section 40128 is amended to 

21 read as follows: 

22 ‘‘(I) may allow for modifications of the in23 terim operating authority without further envi24 ronmental process, if— 


bajohnson on PROD1PC77 with BILLS
141 

•S 1300 RS 

1 ‘‘(i) adequate information on the exist2 ing and proposed operations of the commer3 cial air tour operator is provided to the Ad4 ministrator and the Secretary by the oper5 ator seeking operating authority; 

6 ‘‘(ii) the Administrator determines that 

7 the modifications would not adversely affect 

8 aviation safety or the management of the 

9 national airspace system; and 

10 ‘‘(iii) the Secretary agrees that the 

11 modifications would not adversely affect 

12 park resources and visitor experiences.’’. 

13 (e) REPORTING REQUIREMENTS FOR COMMERCIAL AIR

14 TOUR OPERATORS.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, and annually 

17 thereafter, each commercial air tour conducting com18 mercial air tour operations over a national park shall 

19 report to the Administrator of the Federal Aviation 

20 Administration and the Secretary of the Interior 

21 on— 

22 (A) the number of commercial air tour op23 erations conducted by such operator over the na24 tional park each day; 


bajohnson on PROD1PC77 with BILLS
142 

•S 1300 RS 

1 (B) any relevant characteristics of commer2 cial air tour operations, including the routes, al3 titudes, duration, and time of day of flights; and 

4 (C) such other information as the Adminis5 trator and the Secretary may determine nec6 essary to administer the provisions of the Na7 tional Parks Air Tour Management Act of 2000 

8 (49 U.S.C. 40128 note). 

9 (2) FORMAT.—The report required by paragraph 

10 (1) shall be submitted in such form as the Adminis11 trator and the Secretary determine to be appropriate. 

12 (3) EFFECT OF FAILURE TO REPORT.—The Ad13 ministrator shall rescind the operating authority of a 

14 commercial air tour operator that fails to file a re15 port not later than 180 days after the date for the 

16 submittal of the report described in paragraph (1). 

17 (4) AUDIT OF REPORTS.—Not later than 2 years 

18 after the date of the enactment of this Act, and at 

19 such times thereafter as the Inspector General of the 

20 Department of Transportation determines necessary, 

21 the Inspector General shall audit the reports required 

22 by paragraph (1). 

23 (f) COLLECTION OF FEES FROM AIR TOUR OPER24 ATIONS.— 


bajohnson on PROD1PC77 with BILLS
143 

•S 1300 RS 

1 (1) IN GENERAL.—The Secretary of the Interior 

2 may assess a fee in an amount determined by the Sec3 retary under paragraph (2) on a commercial air tour 

4 operator conducting commercial air tour operations 

5 over a national park. 

6 (2) AMOUNT OF FEE.—In determining the 

7 amount of the fee assessed under paragraph (1), the 

8 Secretary shall consider the cost of developing air 

9 tour management plans for each national park. 

10 (3) EFFECT OF FAILURE TO PAY FEE.—The Ad11 ministrator of the Federal Aviation Administration 

12 shall revoke the operating authority of a commercial 

13 air tour operator conducting commercial air tour op14 erations over any national park, including the Grand 

15 Canyon National Park, that has not paid the fee as16 sessed by the Secretary under paragraph (1) by the 

17 date that is 180 days after the date on which the Sec18 retary determines the fee shall be paid. 

19 (g) AUTHORIZATION OF APPROPRIATIONS FOR AIR

20 TOUR MANAGEMENT PLANS.— 

21 (1) IN GENERAL.—There are authorized to be ap22 propriated $10,000,000 to the Secretary of the Inte23 rior for the development of air tour management 

24 plans under section 40128(b) of title 49, United 

25 States Code. 


bajohnson on PROD1PC77 with BILLS
144 

•S 1300 RS 

1 (2) USE OF FUNDS.—The funds authorized to be 

2 appropriated by paragraph (1) shall be used to de3 velop air tour management plans for the national 

4 parks the Secretary determines would most benefit 

5 from such a plan. 

6 (h) GUIDANCE TO DISTRICT OFFICES ON COMMERCIAL

7 AIR TOUR OPERATORS.—The Administrator of the Federal 

8 Aviation Administration shall provide to the Administra9 tion’s district offices clear guidance on the ability of com10 mercial air tour operators to obtain— 

11 (1) increased safety certifications; 

12 (2) exemptions from regulations requiring safety 

13 certifications; and 

14 (3) other information regarding compliance with 

15 the requirements of this Act and other Federal and 

16 State laws and regulations. 

17 (i) OPERATING AUTHORITY OF COMMERCIAL AIR

18 TOUR OPERATORS.— 

19 (1) TRANSFER OF OPERATING AUTHORITY.— 

20 (A) IN GENERAL.—Subject to subparagraph 

21 (B), a commercial air tour operator that obtains 

22 operating authority from the Administrator 

23 under section 40128 of title 49, United States 

24 Code, to conduct commercial air tour operations 


bajohnson on PROD1PC77 with BILLS
145 

•S 1300 RS 

1 may transfer such authority to another commer2 cial air tour operator at any time. 

3 (B) NOTICE.—Not later than 30 days before 

4 the date on which a commercial air tour oper5 ator transfers operating authority under sub6 paragraph (A), the operator shall notify the Ad7 ministrator and the Secretary of the intent of the 

8 operator to transfer such authority. 

9 (C) REGULATIONS.—Not later than 180 

10 days after the date of the enactment of this Act, 

11 the Administrator shall prescribe regulations to 

12 allow transfers of operating authority described 

13 in subparagraph (A). 

14 (2) TIME FOR DETERMINATION REGARDING OP15 ERATING AUTHORITY.—Notwithstanding any other 

16 provision of law, the Administrator shall determine 

17 whether to grant a commercial air tour operator oper18 ating authority under section 40128 of title 49, 

19 United States Code, not later than 180 days after the 

20 earlier of the date on which— 

21 (A) the operator submits an application; or 

22 (B) an air tour management plan is com23 pleted for the national park over which the oper24 ator seeks to conduct commercial air tour oper25 ations. 


bajohnson on PROD1PC77 with BILLS
146 

•S 1300 RS 

1 (3) INCREASE IN INTERIM OPERATING AUTHOR2 ITY.—The Administrator and the Secretary may in3 crease the interim operating authority while an air 

4 tour management plan is being developed for a park 

5 if— 

6 (A) the Secretary determines that such an 

7 increase does not adversely impact park re8 sources or visitor experiences; and 

9 (B) the Administrator determines that 

10 granting interim operating authority does not 

11 adversely affect aviation safety or the manage12 ment of the national airspace system. 

13 (4) ENFORCEMENT OF OPERATING AUTHORITY.— 

14 The Administrator is authorized and directed to en15 force the requirements of this Act and any agency 

16 rules or regulations related to operating authority. 

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

18 (a) IN GENERAL.—Subchapter II of chapter 475 is 

19 amended by adding at the end the following: 

20 ‘‘§ 47534. Prohibition on operating certain aircraft 

21 weighing 75,000 pounds or less not com22 plying with Stage 3 noise levels 

23 ‘‘(a) PROHIBITION.—Except as provided in subsection 

24 (b), (c), or (d), a person may not operate a civil subsonic 

25 turbojet with a maximum weight of 75,000 pounds or less 


bajohnson on PROD1PC77 with BILLS
147 

•S 1300 RS 

1 to or from an airport in the United States unless the Sec2 retary of Transportation finds that the aircraft complies 

3 with stage 3 noise levels. 

4 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

5 aircraft operated only outside the 48 contiguous States. 

6 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

7 airport where the airport operator has notified the Sec8 retary that it wants to continue to permit the operation 

9 of civil subsonic turbojets with a maximum weight of 75,000 

10 pounds or less that do not comply with stage 3 noise levels. 

11 The Secretary shall post the notices received under this sub12 section on its website or in another place easily accessible 

13 to the public. 

14 ‘‘(d) LIMITATION.—The Secretary shall permit a per15 son to operate Stage 1 and Stage 2 aircraft with a max16 imum weight of 75,000 pounds or less to or from an airport 

17 in the contiguous 48 States in order— 

18 ‘‘(1) to sell, lease, or use the aircraft outside the 

19 48 contiguous States; 

20 ‘‘(2) to scrap the aircraft; 

21 ‘‘(3) to obtain modifications to the aircraft to 

22 meet stage 3 noise levels; 

23 ‘‘(4) to perform scheduled heavy maintenance or 

24 significant modifications on the aircraft at a mainte25 nance facility located in the contiguous 48 states; 


bajohnson on PROD1PC77 with BILLS
148 

•S 1300 RS 

1 ‘‘(5) to deliver the aircraft to an operator leasing 

2 the aircraft from the owner or return the aircraft to 

3 the lessor; 

4 ‘‘(6) to prepare or park or store the aircraft in 

5 anticipation of any of the activities described in 

6 paragraphs (1) through (5); or 

7 ‘‘(7) to divert the aircraft to an alternative air8 port in the 48 contiguous States on account of weath9 er, mechanical, fuel air traffic control or other safety 

10 reasons while conducting a flight in order to perform 

11 any of the activities described in paragraphs (1) 

12 through (6). 

13 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the sec14 tion may be construed as interfering with, nullifying, or 

15 otherwise affecting determinations made by the Federal 

16 Aviation Administration, or to be made by the Administra17 tion, with respect to applications under part 161 of title 

18 14, Code of Federal Regulations, that were pending on the 

19 date of enactment of the Aircraft Noise Reduction Act of 

20 2006.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 47531 is amended by striking 

23 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

24 47534’’. 


bajohnson on PROD1PC77 with BILLS
149 

•S 1300 RS 

1 (2) Section 47532 is amended by striking 

2 ‘‘47528–47531’’ and inserting ‘‘47528 through 47531 

3 or 47534’’. 

4 (3) The chapter analysis for chapter 475 is 

5 amended by inserting after the item relating to sec6 tion 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with stage 3 noise levels.’’. 

7 (c) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect 5 years after the date of enactment 

9 of this Act. 

10 SEC. 712. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

11 On and after the date of the enactment of this Act, 

12 the Administrator of the Federal Aviation Administration 

13 is prohibited from taking actions designed to challenge or 

14 influence weight restrictions or prior permission rules at 

15 Teterboro Airport in Teterboro, New Jersey. 

16 SEC. 713. FAIR AND EQUITABLE RESOLUTION OF LABOR IN17 TEGRATION ISSUES. 

18 (a) APPLICATION OF RAILWAY LABOR ACT TO MERG19 ERS AND ACQUISITIONS.—Section 6 of the Railway Labor 

20 Act (45 U.S.C. 156) is amended by inserting ‘‘, including 

21 changes sought in the context of a merger or acquisition 

22 involving the carrier,’’ after ‘‘written notice of an intended 

23 change in agreements’’. 


bajohnson on PROD1PC77 with BILLS
150 

•S 1300 RS 

1 (b) LABOR INTEGRATION.—With respect to any cov2 ered transaction involving a covered air carrier that results 

3 in the combination of crafts or classes that are subject to 

4 the Railway Labor Act (45 U.S.C. 151 et seq.), the labor 

5 protective provisions imposed by the Civil Aeronautics 

6 Board in the Allegheny-Mohawk merger (as published at 59 

7 C.A.B. 45) shall apply to the covered employees of the cov8 ered air carrier. 

9 (c) ENFORCEMENT.—Any individual (including any 

10 labor organization that represents the individual) who is 

11 aggrieved as a result of a violation of the labor protective 

12 provisions applied under subsection (a) may bring an ac13 tion to enforce this section, or to enforce the terms of any 

14 award or agreement resulting from arbitration or a settle15 ment relating to the requirements of this section. An action 

16 under this subsection shall be brought in an appropriate 

17 Federal district court, determined in accordance with sec18 tion 1391 of title 28, United States Code, without regard 

19 to the amount in controversy. 

20 (d) DEFINITIONS.—In this section: 

21 (1) AIR CARRIER.—The term ‘‘air carrier’’ 

22 means an air carrier that holds a certificate issued 

23 under chapter 411 of title 49, United States Code. 


bajohnson on PROD1PC77 with BILLS
151 

•S 1300 RS 

1 (2) COVERED AIR CARRIER.—The term ‘‘covered 

2 air carrier’’ means an air carrier that is involved in 

3 a covered transaction. 

4 (3) COVERED EMPLOYEE.—The term ‘‘covered 

5 employee’’ means an employee who— 

6 (A) is not a temporary employee; and 

7 (B) is a member of a craft or class that is 

8 subject to the Railway Labor Act (45 U.S.C. 151 

9 et seq.). 

10 (4) COVERED TRANSACTION.—The term ‘‘covered 

11 transaction’’ means a transaction that— 

12 (A) is a transaction for the combination of 

13 multiple air carriers into a single air carrier; 

14 and 

15 (B) involves the transfer of ownership or 

16 control of— 

17 (i) 50 percent or more of the equity se18 curities (as defined in section 101 of title 

19 11, United States Code) of an air carrier; 

20 or 

21 (ii) 50 percent or more (by value) of 

22 the assets of the air carrier. 


bajohnson on PROD1PC77 with BILLS
152 

•S 1300 RS 

1 SEC. 714. PILOT PROGRAM FOR REDEVELOPMENT OF AIR2 PORT PROPERTIES. 

3 (a) IN GENERAL.—Within 1 year after the date of en4 actment of this Act, the Administrator of the Federal Avia5 tion Administration shall establish a pilot program for 

6 local airport operators that have submitted a noise compat7 ibility program to the Federal Aviation Administration, 

8 from funds apportioned under section 47504 or section 

9 40117 of title 49, United States Code, in partnership with 

10 affected neighboring local jurisdictions, to support planning 

11 and site preparation for the assembly and redevelopment 

12 of property purchased with noise mitigation funds or pas13 senger facility charge funds, to encourage airport-compat14 ible land uses and generate economic benefits to the local 

15 airport authority and adjacent community. 

16 (b) NOISE COMPATABILITY MEASURES.—Section 

17 47504(a)(2) is amended 

18 (1) by striking ‘‘and’’ after the semicolon in sub19 paragraph (D); 

20 (2) by striking ‘‘operations.’’ in subparagraph 

21 (E) and inserting ‘‘operations;’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) joint comprehensive land use planning in24 cluding master plans, traffic studies, environmental 

25 evaluation and economic and feasibility studies, with 

26 neighboring local jurisdictions undertaking commuVerDate Aug 31 2005 22:59 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 E:\BILLS\S1300.RS S1300

bajohnson on PROD1PC77 with BILLS
153 

•S 1300 RS 

1 nity redevelopment in the area where the land or 

2 other property interests acquired by the airport oper3 ator pursuant to this subsection is located, to encour4 age and enhance redevelopment opportunities that re5 flect zoning and uses that will prevent the introduc6 tion of additional incompatible uses and enhance re7 development potential; and 

8 ‘‘(G) utility upgrades and other site preparation 

9 efforts.’’. 

10 (c) ELIGIBLE PROJECT DEFINITION.—Section 

11 40117(a)(3) is amended by adding at the end thereof the 

12 following: 

13 ‘‘(H) A project for comprehensive planning 

14 and redevelopment activities for properties ac15 quired under section 47504, including master 

16 plans, traffic studies, environmental evaluation, 

17 economic and feasibility studies, rezoning and 

18 re-platting efforts, utility upgrades and site 

19 preparation in cooperation with neighboring 

20 local jurisdictions undertaking community rede21 velopment in the area.’’. 

22 (d) GRANT REQUIREMENTS.—The Administrator may 

23 not make a grant under subsection (a) unless the grant is 

24 made— 


bajohnson on PROD1PC77 with BILLS
154 

•S 1300 RS 

1 (1) to enable the airport operator and local juris2 dictions undertaking the community redevelopment 

3 effort to expedite redevelopment efforts; and 

4 (2) subject to a requirement that the local juris5 diction governing the property interests in question 

6 has adopted zoning regulations that permit airport 

7 compatible redevelopment. 

8 (e) DEMONSTRATION GRANTS.— 

9 (1) IN GENERAL.—The Administrator shall pro10 vide grants for up to 4 pilot property redevelopment 

11 demonstration projects distributed geographically and 

12 targeted to airports that demonstrate— 

13 (A) a readiness to implement cooperative 

14 land use management and redevelopment plans 

15 with the adjacent community; and 

16 (B) the probability of clear economic benefit 

17 to the local community and financial return to 

18 the airport through the implementation of the re19 development plan. 

20 (2) MATCHING REQUIREMENT.—The amount of a 

21 grant under the program may not exceed 90 percent 

22 of the costs of the overall project. 

23 (f) REPORT TO CONGRESS.—The Administrator shall 

24 report to Congress within 18 months after making the first 


bajohnson on PROD1PC77 with BILLS
155 

•S 1300 RS 

1 grant under this section on the effectiveness of this program 

2 on returning Part 150 lands to productive use. 


bajohnson on PROD1PC77 with BILLS
Calendar No. 329 

110TH CONGRESS 

1ST SESSION S. 1300 

[Report No. 110

–144] 

AN ACT 

To amend title 49, United States Code, to authorother purposes. ernize the air traffic control system, and for to improve aviation safety and capacity, to mod- ministration for fiscal years 2008 through 2011, ize appropriations for the Federal Aviation AdAUGUST 3, 2007 

Reported with amendments 


bajohnson on PROD1PC77 with BILLS