II 

110TH CONGRESS 

1ST SESSION S. 1300 

To amend title 49, United States Code, to authorize appropriations for 

the Federal Aviation Administration for fiscal years 2008 through 2011, 

to improve aviation safety and capacity, to modernize the air traffic 

control system, and for other purposes. 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 


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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. 

TITLE III—FAA ORGANIZATION AND REFORM 

Sec. 301. Air Traffic Control Modernization Oversight Board. 

Sec. 302. ADS–B support pilot program. 

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

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

Sec. 305. Clarification to acquisition reform authority. 

Sec. 306. Assistance to other aviation authorities. 

Sec. 307. Presidential rank award program. 

Sec. 308. Next generation facilities needs assessment. 

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

Sec. 310. Definition of air navigation facility. 

Sec. 311. Improved management of property inventory. 

Sec. 312. Educational requirements. 

Sec. 313. Federal Aviation Administration personnel management system. 

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. 


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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. 

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. 

TITLE VI—AVIATION RESEARCH 

Sec. 601. Airport cooperative research program. 

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

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

Sec. 604. Advisory committee on future of aeronautics. 

TITLE VII—MISCELLANEOUS 

Sec. 701. General authority. 

Sec. 702. Human intervention management study. 

Sec. 703. Airport program modifications. 

Sec. 704. Miscellaneous program extensions. 

Sec. 705. Extension of competitive access reports. 

Sec. 706. Modification of FAA’s age-60 standard. 

Sec. 707. Update on overflights. 

Sec. 708. Technical corrections. 

Sec. 709. FAA technical training and staffing. 

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. 


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1 SEC. 3. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

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

4 date of enactment. 

5 TITLE I—AUTHORIZATIONS AND 

6 FINANCING 

7 SEC. 101. OPERATIONS. 

8 Section 106(k)(1) is amended by striking subpara9 graphs (A) through (D) and inserting the following: 

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

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

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

13 and 

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

15 2011.’’. 

16 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

17 Section 48101(a) is amended by striking paragraphs 

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

19 ‘‘(1) $2,572,000,000 for fiscal year 2008; 

20 ‘‘(2) $2,923,000,000 for fiscal year 2009, of 

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

22 imposed under section 48115; 

23 ‘‘(3) $3,079,000,000 for fiscal year 2010, of 

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

25 imposed under section 48115; and 


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1 ‘‘(4) $3,317,000,000 for fiscal year 2011, of 

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

3 imposed under section 48115. 

4 SEC. 103. RESEARCH AND DEVELOPMENT. 

5 Section 48102 is amended— 

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

7 following: 

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

9 amounts may be appropriated to the Secretary of Trans10 portation out of the Airport and Airway Trust Fund es11 tablished under section 9502 of the Internal Revenue Code 

12 of 1986 (26 U.S.C. 9502) for conducting civil aviation re13 search and development under sections 44504, 44505, 

14 44507, 44509, and 44511 through 44513 of this title: 

15 ‘‘(1) $140,000,000 for fiscal year 2008. 

16 ‘‘(2) $191,000,000 for fiscal year 2009. 

17 ‘‘(3) $191,000,000 for fiscal year 2010. 

18 ‘‘(4) $194,000,000 for fiscal year 2011.’’; 

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

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

21 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN22 DERGRADUATE STUDENTS.—The Administrator of the 

23 Federal Aviation Administration shall establish a program 

24 to utilize undergraduate and technical colleges, including 

25 Historically Black Colleges and Universities, Hispanic 


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1 Serving Institutions, tribally controlled colleges and uni2 versities, and Alaska Native and Native Hawaiian serving 

3 institutions in research on subjects of relevance to the 

4 Federal Aviation Administration. Grants may be awarded 

5 under this subsection for— 

6 ‘‘(1) research projects to be carried out at pri7 marily undergraduate institutions and technical col8 leges; 

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

10 primarily undergraduate institutions and technical 

11 colleges with other research supported by the Fed12 eral Aviation Administration; 

13 ‘‘(3) research on future training requirements 

14 on projected changes in regulatory requirements for 

15 aircraft maintenance and power plant licensees; or 

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

17 and procedures, particularly those related to aircraft 

18 flight deck and air traffic management functions, on 

19 training requirements for pilots and air traffic con20 trollers.’’. 

21 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

22 NOISE COMPATIBILITY PLANNING AND PRO23 GRAMS. 

24 Section 48103 is amended by striking paragraphs (1) 

25 through (4) and inserting the following: 


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

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

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

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

5 SEC. 105. OTHER AVIATION PROGRAMS. 

6 Section 48114 is amended— 

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

8 and inserting ‘‘2011’’; 

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

10 inserting ‘‘2011,’’; and 

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

12 inserting ‘‘2011’’. 

13 SEC. 106. AIR TRAFFIC MODERNIZATION FUND. 

14 (a) IN GENERAL.—Chapter 481 is amended by add15 ing at the end the following: 

16 ‘‘§ 48115. Modernization surcharge 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) Not later than October 1, 2008, the Ad19 ministrator of the Federal Aviation Administration 

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

21 traffic control costs. Except as provided in sub22 section (b), owners or operators of aircraft in the 

23 national airspace system shall pay the surcharges as24 sessed under this section. 


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1 ‘‘(2) SURCHARGE CREDITED AS OFFSETTING

2 COLLECTIONS.—Any surcharge collected under this 

3 section shall, subject to appropriation made in ad4 vance— 

5 ‘‘(A) be deposited in an Air Traffic Mod6 ernization Fund which shall be established in 

7 the Treasury; 

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

9 the account established under section 48101 of 

10 this title; and 

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

12 expenditure only to pay the costs of Next Gen13 eration Air Transportation System projects list14 ed in the Capital Investment Plan required by 

15 section 44501 and approved by the Air Traffic 

16 Control Modernization Oversight Board. 

17 ‘‘(3) EFFECT OF LAW ON SURCHARGE COLLEC18 TION.—The Administrator may continue to assess 

19 and collect and spend surcharges established under 

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

21 funding is provided under an Act providing con22 tinuing appropriations in lieu of the agency’s regular 

23 appropriations. The Administrator may not assess or 

24 collect a surcharge established under this section for 

25 any fiscal year for which no annual appropriations 


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1 Act is enacted that appropriates at least the amount 

2 authorized by section 48101 for that fiscal year less 

3 the amount required by section 48116(c). 

4 ‘‘(b) EXCEPTIONS.— 

5 ‘‘(1) MILITARY AND OTHER PUBLIC AIR6 CRAFT.—A surcharge may not be assessed under 

7 this section for military aircraft, public aircraft (as 

8 defined in section 40102 of this subtitle), air ambu9 lance aircraft, or to military or non-commercial civil 

10 aircraft of a foreign government. 

11 ‘‘(2) GENERAL AVIATION EXEMPTIONS.—A sur12 charge may not be assessed under this section for— 

13 ‘‘(A) piston engined aircraft; or 

14 ‘‘(B) turboprop aircraft operating outside 

15 of controlled airspace. 

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

17 required to file a flight plan with the Administra18 tion, including operators of flights described in para19 graphs (1) and (2), shall specify in the plan whether 

20 the person is engaged in an operation for compensa21 tion or hire, or a general aviation operation, or a 

22 military or public aircraft operation, for purposes of 

23 this section. 

24 ‘‘(4) CANADA TO CANADA FLIGHTS.—The Ad25 ministrator may waive a surcharge that would otherVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 wise be assessed under this chapter for flights that 

2 operate in United States-controlled airspace but 

3 takeoff and land at an airport in Canada without an 

4 intermediate stop outside Canada, if the Adminis5 trator determines that not assessing and collecting 

6 the surcharge for such flights would be in the public 

7 interest. 

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

9 of applying this section to intrastate flights in a 

10 State that is not contiguous with another State, a 

11 surcharge— 

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

13 intrastate departures for a continuing intrastate 

14 flight; and 

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

16 from an airport for which basic essential air 

17 service is provided under subchapter II of chap18 ter 417 of this title. 

19 ‘‘(c) ADMINISTRATIVE PROVISIONS.— 

20 ‘‘(1) SURCHARGES PAYABLE TO THE ADMINIS21 TRATOR.—Surcharges assessed and amounts col22 lected under this section are payable to the Adminis23 trator. The Administrator may refund any sur24 charge, or portion thereof, paid by mistake in excess 

25 of the amount required. The Administrator may 


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1 enter into agreements with other Federal agencies to 

2 collect surcharges assessed under this section on be3 half of the Administration. 

4 ‘‘(2) COLLECTION PROCEDURES.—The Admin5 istrator shall establish procedures for the collection 

6 of surcharges. These procedures shall establish the 

7 frequency of payment, deadlines for payment, a 

8 maximum amount of surcharges that may be out9 standing on the account of any person, and such 

10 other limitations and conditions as the Adminis11 trator determines are necessary to obtain prompt 

12 payment of surcharges. 

13 ‘‘(3) FAILURE TO PAY REQUIRED SUR14 CHARGES.—If the Administrator determines that 

15 any person has failed to pay surcharges when due 

16 under this section, or to comply with any limitation 

17 or condition on payment under this section, or has 

18 failed to provide the Administration with the correct 

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

20 means regarding the nature of the flight, including 

21 whether the person engaged in an operation for com22 pensation or hire or general aviation operation, the 

23 Administrator may— 

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

25 equal to 150 percent of a rate determined by 


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1 the Secretary based on the average of bond 

2 equivalent yields on 13-week Treasury bills auc3 tioned during the previous calendar quarter, to 

4 be predetermined quarterly, on amounts that 

5 have not been paid by the deadline; 

6 ‘‘(B) change the required payment sched7 ule for such person; 

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

9 by withholding any payment otherwise owed or 

10 due to the person by the Secretary or the Ad11 ministrator; 

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

13 amounts remain unpaid, or take other appro14 priate enforcement action under this subtitle. 

15 ‘‘(4) ACTION WHEN FUTURE PAYMENT IN JEOP16 ARDY.—If the Administrator reasonably determines 

17 that an aircraft owner or operator will not pay its 

18 required surcharges when due, the Administrator 

19 may change the required payment schedule for such 

20 person. 

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

22 otherwise specified, nothing in this section shall be con23 strued as affecting fees previously authorized and estab24 lished under chapter 453. 


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1 ‘‘(e) ADMINISTRATION OF SURCHARGE.—The re2 quirements applicable to developing and issuing rules 

3 under title 5, United States Code, shall not apply to the 

4 actions of the Secretary or the Administrator under this 

5 section. 

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

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

8 ‘air ambulance aircraft’ means— 

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

10 operation to provide emergency medical serv11 ices; or 

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

13 equipped for and exclusively dedicated to pro14 viding acute care medical services. 

15 ‘‘(2) FLIGHT.—The term ‘flight’ means a take16 off and landing by an aircraft. 

17 ‘‘§ 48116. Leveraged financing for next generation air 

18 traffic control system 

19 ‘‘(a) IN GENERAL.— 

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

21 Next Generation Air Transportation System, in fis22 cal years 2009 through 2025 the Secretary of 

23 Transportation is authorized to issue obligations to 

24 finance capital investments in the facilities and 

25 equipment account of the air traffic control system 


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1 to be owned and operated by the Federal Aviation 

2 Administration. 

3 ‘‘(2) The Secretary shall not issue any obliga4 tions under paragraph (1) without first obtaining 

5 approval by the Director of the Office of Manage6 ment and Budget of the issuance of such obligations 

7 and proposed investments to be financed. 

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

9 Obligations issued under this section shall be in such 

10 forms and denominations, bear such maturities, and shall 

11 be subject to such terms and conditions as may be pre12 scribed by the Secretary. The aggregate amount of all 

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

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

15 shall use revenues derived from the surcharges authorized 

16 by section 48115 in the amounts required to repay such 

17 obligations with interest, and such payments shall have 

18 first priority in the use of surcharges collected during this 

19 period. Beginning in 2009, any surcharges required to 

20 repay obligations shall be collected notwithstanding sec21 tion 48115(a)(3). These amounts shall not be treated as 

22 discretionary offsetting collections, but shall be treated as 

23 offsetting receipts and shall only be used to repay the obli24 gations incurred under paragraph (1). 


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1 ‘‘(d) INTEREST RATE.—The interest rate on obliga2 tions issued under this section shall be a rate determined 

3 by the Secretary, taking into consideration the current 

4 market yields on outstanding marketable obligations of the 

5 United States of comparable maturity, plus a surcharge, 

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

7 potential losses and the administrative costs associated 

8 with the obligations. Any surcharges for administrative 

9 costs collected by the Secretary shall be credited to the 

10 appropriation account which incurred the cost. 

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

12 of purchasing obligations under subsection (a), the Sec13 retary may use as a public debt transaction the proceeds 

14 from the sale of any securities issued under chapter 31 

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

16 securities may be issued under such chapter are extended 

17 to include any purchase of such obligations under this sub18 section.’’. 

19 (b) DELINEATION OF NEXT GENERATION AIR

20 TRANSPORTATION SYSTEM PROJECTS.—Section 44501(b) 

21 is amended— 

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

23 paragraph (3); 

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

25 inserting ‘‘defense; and’’; and 


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

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

3 Generation Air Transportation System.’’. 

4 (c) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 481 is amended by inserting after the item 

6 relating to section 48114 the following: 

‘‘48115. Modernization surcharge. 

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

7 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

8 AIRPORT PROGRAMS. 

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

10 as follows: 

11 ‘‘§ 48105. Airport programs administrative expenses 

12 Of the amount newly made available, the following 

13 shall be available for administrative expenses relating to 

14 the Airport Improvement Program, passenger facility 

15 charge approval and oversight, national airport system 

16 planning, airport standards development and enforcement, 

17 airport certification, airport-related environmental activi18 ties (including legal services), and other airport-related ac19 tivities (including airport technology research), to remain 

20 available until expended— 

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

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

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

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


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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; 


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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 


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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; 


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

3 project; 

4 ‘‘(iii) a detailed financial plan for the 

5 proposed project; and 

6 ‘‘(iv) the proposed level for the pas7 senger facility charge. 

8 ‘‘(B) An eligible agency providing notice 

9 and an opportunity for comment shall be 

10 deemed to have satisfied the requirements of 

11 this paragraph if the eligible agency provides 

12 such notice to air carriers and foreign air car13 riers that have a significant business interest at 

14 the airport. For purposes of this subparagraph, 

15 the term ‘significant business interest’ means 

16 an air carrier or foreign air carrier that— 

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

18 passenger boardings at the airport in the 

19 prior calendar year; 

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

21 boardings at the airport in the prior cal22 endar year; or 

23 ‘‘(iii) provides scheduled service at the 

24 airport. 


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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). 


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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). 


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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 


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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 


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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.’’. 


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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.’’. 


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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’’. 


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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 


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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 first 

11 place it appears in the first sentence and all that fol12 lows and inserting ‘‘sponsor. A sponsor shall not 

13 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 


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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 


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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;’’ and inserting ‘‘pur10 pose, which includes serving as noise buffer land;’’; 

11 (3) by striking ‘‘paid to the Secretary for de12 posit in the Fund if another eligible project does not 

13 exist.’’ in subsection (c)(2)(A)(iii) and inserting ‘‘re14 invested in another project at the airport or trans15 ferred to another airport as the Secretary pre16 scribes.’’; and 

17 (4) by redesignating paragraph (3) of sub18 section (c) as paragraph (4) and inserting after 

19 paragraph (2) the following: 

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

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

22 give preference, in descending order, to— 

23 ‘‘(i) reinvestment in an approved noise compat24 ibility project; 


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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 sections 

5 47114, 47115 or 47117 and meets the requirements 

6 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 perVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 cent for 2 fiscal years following such change in hub sta2 tus.’’. 

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— 


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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 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 ministrator may carry out a pilot program under which 

2 the Administrator may transfer ownership, operating and 

3 maintenance responsibilities for airport terminal area air 

4 navigation equipment to sponsors of not more than 10 air5 ports. 

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 


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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 


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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—’’; 


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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 


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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 ‘‘(1) a summary of airport development and 

17 planning completed; 

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

19 ‘‘(3) an accounting of discretionary and appor20 tioned funds allocated; 

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

22 (d) SUNSET OF PROGRAM.—Section 47137 is re23 pealed effective September 30, 2008. 

24 (e) CORRECTION TO EMISSION CREDITS PROVI25 SION.—Section 47139 is amended— 


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

2 (a); 

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

4 (b); 

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

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

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

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

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

10 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR11 ITY.—Section 47151(e) is amended by striking ‘‘(other 

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

13 10, section 201 of the Defense Authorization Amendments 

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

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

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

17 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEF18 INITION OF JOINT USE AIRPORT.—Section 47175 is 

19 amended— 

20 (1) by striking ‘‘Airport Capacity Benchmark 

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

22 and 2004 Airport Capacity Benchmark Reports or 

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

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


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

2 airport’ means an airport owned by the United 

3 States Department of Defense, at which both mili4 tary and civilian aircraft make shared use of the air5 field.’’. 

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

7 amended by striking ‘‘3.5 percent’’ and inserting ‘‘4.0 per8 cent’’. 

9 (i) USE OF APPORTIONED AMOUNTS.—Section 

10 47117(e)(A) is amended— 

11 (1) by striking ‘‘35 percent’’ in the first sen12 tence and inserting ‘‘$300,000,000’’; 

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

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

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

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

17 1251 et seq.) approved in an environmental record 

18 of decision for an airport development project under 

19 this title.’’; and 

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

21 is’’ in the second sentence and inserting ‘‘the re22 quirements of the preceding sentence are’’. 

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

24 apportioned under section 47114 of title 49, United States 

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


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1 to the sponsor of a reliever airport the crosswind runway 

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

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

4 costs associated with the establishment of a new crosswind 

5 runway. 

6 (k) USE OF PREVIOUS FISCAL YEAR’S APPORTION7 MENT.—Section 47114(c)(1) is amended— 

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

9 action, natural disaster, or other event unrelated to 

10 the demand for air transportation at the affected 

11 airport.’’ in paragraph (E)(iii) and inserting ‘‘air12 port— 

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

14 service program in the calendar year in which 

15 the passenger boardings fall below 9,700; 

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

17 boardings from large certificated air carriers 

18 (as defined in part 241 of title 14, Code of Fed19 eral Regulations) conducting scheduled plus 

20 nonscheduled service totals 10,000 or more in 

21 the calendar year in which the airport does not 

22 meet the criteria for a primary airport under 

23 section 47102 of this title; or 

24 ‘‘(III) if the documented interruption to 

25 scheduled service at the airport was equal to 4 


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1 percent of the scheduled flights in calendar year 

2 2006, exclusive of cancellations due to severe 

3 weather conditions, and the airport is served by 

4 a single air carrier.’’; 

5 (2) by redesignating subparagraphs (F) and 

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

7 subparagraph (E) the following: 

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

9 regard to an airport that meets the criteria de10 scribed in paragraph (E)(iii), if the calendar year 

11 passenger boardings for the calculation of apportion12 ments under this section fall below 10,000 passenger 

13 boardings, the Secretary may use the passenger 

14 boardings for the last fiscal year in which passenger 

15 boardings exceeded 10,000 for calculating apportion16 ments.’’. 

17 SEC. 210. STATE BLOCK GRANT PROGRAM. 

18 Section 47128 is amended— 

19 (1) by striking ‘‘regulations’’ each place it ap20 pears in subsection (a) and inserting ‘‘guidance’’; 

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

22 and inserting ‘‘grant, including Federal environ23 mental requirements or an agreed upon equivalent;’’; 


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1 (3) by redesignating subsection (c) as sub2 section (d) and inserting after subsection (b) the fol3 lowing: 

4 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE5 QUIREMENTS.—Any Federal agency that must approve, li6 cense or permit a proposed action by a participating State 

7 shall coordinate and consult with the State. The agency 

8 shall utilize the environmental analysis prepared by the 

9 State, provided it is adequate, or supplement that analysis 

10 as necessary to meet applicable Federal requirements.’’; 

11 and 

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

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

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

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

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

17 SEC. 211. AIRPORT FUNDING OF SPECIAL STUDIES OR RE18 VIEWS. 

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

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

21 studies related to a federally funded airport project or for 

22 special studies or reviews to support approved noise com23 patibility measures in a Part 150 program or environ24 mental mitigation in a Federal Aviation Administration 

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


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1 SEC. 212. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

2 PROCEDURES. 

3 Section 47504 is amended by adding at the end the 

4 following: 

5 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE6 DURES.— 

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

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

9 operator to assist in completing environmental re10 view and assessment activities for proposals to im11 plement flight procedures that have been approved 

12 for airport noise compatibility planning purposes 

13 under subsection (b). 

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

15 Administration may accept funds from an airport 

16 sponsor, including funds provided to the sponsor 

17 under paragraph (1), to hire additional staff or ob18 tain the services of consultants in order to facilitate 

19 the timely processing, review and completion of envi20 ronmental activities associated with proposals to im21 plement flight procedures submitted and approved 

22 for airport noise compatibility planning purposes in 

23 accordance with this section. Funds received under 

24 this authority shall not be subject to the procedures 

25 applicable to the receipt of gifts by the Adminis26 trator.’’. 


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1 SEC. 213. SAFETY-CRITICAL AIRPORTS. 

2 Section 47118(c) is amended— 

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

4 paragraph (1); 

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

6 inserting ‘‘delays; or’’; and 

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

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

9 military, or general aviation in trans-oceanic 

10 flights.’’. 

11 SEC. 214. EXPANDED PASSENGER FACILITY CHARGE ELIGI12 BILITY FOR NOISE COMPATIBILITY 

13 PROJECTS. 

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

15 the following: 

16 ‘‘(7) NOISE MITIGATION FOR CERTAIN

17 SCHOOLS.— 

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

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

20 the Secretary may authorize a passenger facility 

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

22 a large hub airport that is the subject of an 

23 amended judgment and final order in con24 demnation filed on January 7, 1980, by the Su25 perior Court of the State of California for the 

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


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1 to carry out noise mitigation for a building, or 

2 for the replacement of a relocatable building 

3 with a permanent building, in the noise im4 pacted area surrounding the airport at which 

5 such building is used primarily for educational 

6 purposes, notwithstanding the air easement 

7 granted or any terms to the contrary in such 

8 judgment and final order, if— 

9 ‘‘(i) the Secretary determines that the 

10 building is adversely affected by airport 

11 noise; 

12 ‘‘(ii) the building is owned or char13 tered by the school district that was the 

14 plaintiff in case number 986,442 or 

15 986,446, which was resolved by such judg16 ment and final order; 

17 ‘‘(iii) the project is for a school identi18 fied in 1 of the settlement agreements ef19 fective February 16, 2005, between the 

20 airport and each of the school districts; 

21 ‘‘(iv) in the case of a project to re22 place a relocatable building with a perma23 nent building, the eligible project costs are 

24 limited to the actual structural construc25 tion costs necessary to mitigate aircraft 


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1 noise in instructional classrooms to an in2 terior noise level meeting current stand3 ards of the Federal Aviation Administra4 tion; and 

5 ‘‘(v) the project otherwise meets the 

6 requirements of this section for authoriza7 tion of a passenger facility charge. 

8 ‘‘(B) ELIGIBLE PROJECT COSTS.—In sub9 paragraph (A)(iv), the term ‘eligible project 

10 costs’ means the difference between the cost of 

11 standard school construction and the cost of 

12 construction necessary to mitigate classroom 

13 noise to the standards of the Federal Aviation 

14 Administration.’’. 

15 TITLE III—FAA ORGANIZATION 

16 AND REFORM 

17 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER18 SIGHT BOARD. 

19 Section 106 is amended by striking subsection (p) 

20 and inserting in lieu thereof the following: 

21 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER22 SIGHT BOARD.— 

23 ‘‘(1) ESTABLISHMENT.—The Secretary shall es24 tablish an advisory Board which shall be known as 


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1 the Air Traffic Control Modernization Oversight 

2 Board. 

3 ‘‘(2) MEMBERSHIP.—The Board shall be com4 prised of 7 members, who shall consist of— 

5 ‘‘(A) the Administrator of the Federal 

6 Aviation Administration and a representative 

7 from the Department of Defense; 

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

9 responsibility to represent the public interest; 

10 and 

11 ‘‘(C) 4 members representing aviation in12 terests: 

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

14 executive officer of an airport. 

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

16 executive officer of a passenger or cargo 

17 air carrier. 

18 ‘‘(iii) 1 representative of a labor orga19 nization representing employees at the 

20 Federal Aviation Administration that are 

21 involved with the operation, maintenance 

22 or procurement of the air traffic control 

23 system. 


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1 ‘‘(iv) 1 representative with extensive 

2 operational experience in the general avia3 tion community. 

4 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

5 ‘‘(A) Members of the Board appointed 

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

7 appointed by the President, by and with the ad8 vice and consent of the Senate. 

9 ‘‘(B) Members of the Board appointed 

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

11 United States and shall be appointed without 

12 regard to political affiliation and solely on the 

13 basis of their professional experience and exper14 tise in one or more of the following areas and, 

15 in the aggregate, should collectively bring to 

16 bear expertise in— 

17 ‘‘(i) management of large service or18 ganizations; 

19 ‘‘(ii) customer service; 

20 ‘‘(iii) management of large procure21 ments; 

22 ‘‘(iv) information and communications 

23 technology; 

24 ‘‘(v) organizational development; and 

25 ‘‘(vi) labor relations. 


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1 ‘‘(4) FUNCTIONS.— 

2 ‘‘(A) IN GENERAL.—The Board shall— 

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

4 Administration’s modernization programs, 

5 budget, and cost accounting system; 

6 ‘‘(ii) review the Administration’s stra7 tegic plan and make recommendations on 

8 the non-safety program portions of the 

9 plan, and provide advice on the safety pro10 grams of the plan; 

11 ‘‘(iii) review the operational efficiency 

12 of the air traffic control system and make 

13 recommendations on the operational and 

14 performance metrics for that system; 

15 ‘‘(iv) approve capital expenditures for 

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

17 to the system; 

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

19 the Administrator’s budget request for fa20 cilities and equipment prior to its submis21 sion to the Office of Management and 

22 Budget; 

23 ‘‘(vi) approve the Federal Aviation 

24 Administration’s Capital Investment Plan 

25 prior to its submission to the Congress; 


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1 ‘‘(vii) annually approve the Oper2 ational Evolution Plan; 

3 ‘‘(viii) approve the Administrator’s se4 lection of a Chief Operating Officer for the 

5 Air Traffic Organization and on the ap6 pointment and compensation of its man7 agers; and 

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

9 of the Joint Planning Development Office. 

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

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

12 the Chairman or of the Administrator. 

13 ‘‘(C) ACCESS TO DOCUMENTS AND

14 STAFF.—The Administration may give the 

15 Board appropriate access to relevant documents 

16 and personnel of the Administration, and the 

17 Administrator shall make available, consistent 

18 with the authority to withhold commercial and 

19 other proprietary information under section 552 

20 of title 5, cost data associated with the acquisi21 tion and operation of air traffic control systems. 

22 Any member of the Board who receives com23 mercial or other proprietary data from the Ad24 ministrator shall be subject to the provisions of 


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1 section 1905 of title 18, pertaining to unauthor2 ized disclosure of such information. 

3 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

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

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

6 rulemaking committees as the Administrator shall 

7 designate. 

8 ‘‘(6) ADMINISTRATIVE MATTERS.— 

9 ‘‘(A) TERMS OF MEMBERS.—Members of 

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

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

12 years. 

13 ‘‘(B) REAPPOINTMENT.—No individual 

14 may be appointed to the Board for more than 

15 8 years total. 

16 ‘‘(C) VACANCY.—Any vacancy on the 

17 Board shall be filled in the same manner as the 

18 original position. Any member appointed to fill 

19 a vacancy occurring before the expiration of the 

20 term for which the member’s predecessor was 

21 appointed shall be appointed for a term of 4 

22 years. 

23 ‘‘(D) CONTINUATION IN OFFICE.—A mem24 ber of the Board whose term expires shall conVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 tinue to serve until the date on which the mem2 ber’s successor takes office. 

3 ‘‘(E) REMOVAL.—Any member of the 

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

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

6 cause. 

7 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

8 BOARD.— 

9 ‘‘(i) IN GENERAL.—A member ap10 pointed to the Board shall have no per11 sonal liability under State or Federal law 

12 with respect to any claim arising out of or 

13 resulting from an act or omission by such 

14 member within the scope of service as a 

15 member of the Board. 

16 ‘‘(ii) EFFECT ON OTHER LAW.—This 

17 subparagraph shall not be construed— 

18 ‘‘(I) to affect any other immunity 

19 or protection that may be available to 

20 a member of the Board under applica21 ble law with respect to such trans22 actions; 

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

24 remedy against the United States 

25 under applicable law; or 


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

2 the immunities that are available 

3 under applicable law for Federal offi4 cers and employees. 

5 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

6 member of the Board appointed under para7 graph (2)(B) must certify that he or she— 

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

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

10 or aeronautical enterprise, except an inter11 est in a diversified mutual fund or an in12 terest that is exempt from the application 

13 of section 208 of title 18; 

14 ‘‘(ii) does not engage in another busi15 ness related to aviation or aeronautics; and 

16 ‘‘(iii) is not a member of any organi17 zation that engages, as a substantial part 

18 of its activities, in activities to influence 

19 aviation-related legislation. 

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

21 Board shall elect a chair and a vice chair from 

22 among its members, each of whom shall serve 

23 for a term of 2 years. The vice chair shall per24 form the duties of the chairman in the absence 

25 of the chairman. 


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1 ‘‘(I) COMPENSATON.—No member shall re2 ceive any compensation or other benefits from 

3 the Federal Government for serving on the 

4 Board, except for compensation benefits for in5 juries under subchapter I of chapter 81 of title 

6 5 and except as provided under subparagraph 

7 (J). 

8 ‘‘(J) EXPENSES.—Each member of the 

9 Board shall be paid actual travel expenses and 

10 per diem in lieu of subsistence expenses when 

11 away from his or her usual place of residence, 

12 in accordance with section 5703 of title 5. 

13 ‘‘(K) BOARD RESOURCES.—From re14 sources otherwise available to the Adminis15 trator, the Chairman shall appoint such staff to 

16 assist the board and provide impartial analysis. 

17 The Administrator shall make available to the 

18 Board such information and administrative 

19 services and assistance as may reasonably be 

20 required to enable the Board to carry out its re21 sponsibilities under this subsection. 

22 ‘‘(L) QUORUM AND VOTING.—A simple 

23 majority of members of the Board shall con24 stitute a quorum. A majority vote of members 


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1 present and voting shall be required for the 

2 Committee to take action. 

3 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DE4 FINED.—In this subsection, the term ‘air traffic con5 trol system’ has the meaning given that term in sec6 tion 40102(a).’’. 

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

8 (a) IN GENERAL.—Chapter 445, as amended by sec9 tion 317, is amended by adding at the end the following: 

10 ‘‘§ 44519. ADS–B support pilot program 

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

12 pilot program to support non-Federal acquisition of Na13 tional Airspace System compliant Automatic Dependent 

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

15 ‘‘(1) the Secretary determines that acquisition 

16 of the ground stations benefits the improvement of 

17 safety or capacity in the National Airspace System; 

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

19 transmit and receive data formats consistent with 

20 the National Airspace System architecture at the ap21 propriate service delivery point; and 

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

23 program are supplemental to ground stations estab24 lished under programs administered by the Adminis25 trator of the Federal Aviation Administration. 


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1 ‘‘(b) PROJECT GRANTS.— 

2 ‘‘(1) For purposes of carrying out the pilot pro3 gram and notwithstanding the requirements of sec4 tion 47114(d), the Secretary may make a project 

5 grant out of funds apportioned under section 

6 47114(d)(2) to not more than 10 eligible sponsors to 

7 acquire and install ADS–B ground stations in order 

8 to serve any public-use airport. 

9 ‘‘(2) The Secretary shall establish procurement 

10 procedures applicable to grants issued under this 

11 section. The procedures shall permit the sponsor to 

12 carry out the project using Federal Aviation Admin13 istration contracts. The procedures established by 

14 the Secretary may provide for the direct reimburse15 ment (including administrative costs) of the Admin16 istrator by the sponsor using grant funds under this 

17 section, for the ordering of such equipment and its 

18 installation, or for the direct ordering of such equip19 ment and its installation by the sponsor, using such 

20 grant funds, from the suppliers with which the Ad21 ministrator has contracted. 

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

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

24 exceed 90 percent of the costs of the acquisition and in25 stallation of the ground support equipment. 


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

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

3 ‘ADS–B ground station’ means electronic equipment 

4 that provides for ADS–B reception and broadcast 

5 services. 

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

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

8 more State or local governments meeting the defini9 tion of a sponsor under section 47102 of this title.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 445 is amended by inserting after the item 

12 relating to section 44518 the following: 

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

13 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF14 FIC SERVICES. 

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

16 following: 

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

18 what actions to take, by rule or through an agree19 ment or transaction under paragraph (6) or under 

20 section 44502, to permit non-government providers 

21 of communications, navigation, surveillance or other 

22 services to provide such services in the National Air23 space System, or to require the usage of such serv24 ices, the Administrator shall consider whether such 

25 actions would— 


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1 ‘‘(A) promote the safety of life and prop2 erty; 

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

4 Airspace System and reduce the regulatory bur5 den upon National Airspace System users, 

6 based upon sound engineering principles, user 

7 operational requirements, and marketplace de8 mands; 

9 ‘‘(C) encourage competition and provide 

10 services to the largest feasible number of users; 

11 and 

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

13 served by general aviation.’’. 

14 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

15 REIMBURSABLE AGREEMENTS. 

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

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

18 SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU19 THORITY. 

20 Section 40110(c) is amended— 

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

22 paragraph (3); 

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

24 (3) by redesignating paragraph (5) as para25 graph (4). 


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1 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

2 Section 40113(e) is amended— 

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

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

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

6 inserting ‘‘safety or efficiency. The Administrator is 

7 authorized to participate in, and submit offers in re8 sponse to, competitions to provide these services, 

9 and to contract with foreign aviation authorities to 

10 provide these services consistent with the provisions 

11 under section 106(l)(6) of this title. The Adminis12 trator is also authorized, notwithstanding any other 

13 provision of law or policy, to accept payments in ar14 rears.’’; and 

15 (3) by striking ‘‘appropriation from which ex16 penses were incurred in providing such services.’’ in 

17 paragraph (3) and inserting ‘‘appropriation current 

18 when the expenditures are or were paid, or the ap19 propriation current when the amount is received.’’. 

20 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

21 Section 40122(g)(2) is amended— 

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

23 subparagraph (G); 

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

25 and inserting ‘‘Board;’’; and 


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

2 subparagraph: 

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

4 4507 (relating to Meritorious Executive or Dis5 tinguished Executive rank awards), and section 

6 subsections (b) and (c) of section 4507a (relat7 ing to Meritorious Senior Professional or Dis8 tinguished Senior Professional rank-awards), 

9 except that— 

10 ‘‘(i) for purposes of applying such 

11 provisions to the personnel management 

12 system— 

13 ‘‘(I) the term ‘agency’ means the 

14 Department of Transportation; 

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

16 means an Federal Aviation Adminis17 tration executive; 

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

19 means an Federal Aviation Adminis20 tration career executive; and 

21 ‘‘(IV) the term ‘senior career em22 ployee’ means an Federal Aviation 

23 Administration career senior profes24 sional; 


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

2 the rank of Meritorious Executive or Meri3 torious Senior Professional entitles such 

4 individual to a lump-sum payment of an 

5 amount equal to 20 percent of annual 

6 basic pay, which shall be in addition to the 

7 basic pay paid under the Federal Aviation 

8 Administration Executive Compensation 

9 Plan; and 

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

11 the rank of Distinguished Executive or 

12 Distinguished Senior Professional entitles 

13 the individual to a lump-sum payment of 

14 an amount equal to 35 percent of annual 

15 basic pay, which shall be in addition to the 

16 basic pay paid under the Federal Aviation 

17 Administration Executive Compensation 

18 Plan.’’. 

19 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS20 MENT. 

21 (a) FAA CRITERIA FOR FACILITIES REALIGN22 MENT.—Within 9 months after the date of enactment of 

23 this Act, the Administrator of the Federal Aviation Ad24 ministration, after providing an opportunity for public 

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


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1 the Administrator’s recommendations for the realignment 

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

3 generation facilities and help reduce capital, operating, 

4 maintenance, and administrative costs with no adverse ef5 fect on safety. 

6 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

7 months after publication of the criteria, the Administrator 

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

9 Administrator recommends for realignment, including a 

10 justification for each recommendation, and a description 

11 of the costs and savings of such transition. 

12 (c) REALIGNMENT DEFINED.—As used in this sec13 tion, the term ‘‘realignment’’ includes any action which 

14 relocates functions and personnel positions but does not 

15 include a reduction in personnel resulting from workload 

16 adjustments. 

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

18 Modernization Oversight Board established by section 

19 106(p) of title 49, United States Code, shall study the Ad20 ministrator’s recommendations for realignment and the 

21 opportunities, risks, and benefits of realigning services and 

22 facilities of the Federal Aviation Administration to help 

23 reduce capital, operating, maintenance, and administrative 

24 costs with no adverse effect on safety. 

25 (e) REVIEW AND RECOMMENDATIONS.— 


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1 (1) After receiving the recommendations from 

2 the Administrator pursuant to subsection (b), the 

3 Board shall provide opportunity for public comment 

4 on such recommendations. 

5 (2) Based on its review and analysis of the Ad6 ministrator’s recommendations and any public com7 ment it may receive, the Board shall make its inde8 pendent recommendations for realignment of avia9 tion services or facilities and submit its rec10 ommendations in a report to the President, the Sen11 ate Committee on Commerce, Science, and Trans12 portation, and the House of Representatives Com13 mittee on Transportation and Infrastructure. 

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

15 report any recommendation made by the Board that 

16 is different from the recommendations made by the 

17 Administrator pursuant to subsection (b). 

18 (4) The Administrator may not consolidate any 

19 additional approach control facilities into the South20 ern California TRACON until the Board’s rec21 ommendations are completed. 

22 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS23 TEM PLANNING OFFICE. 

24 (a) IMPROVED COOPERATION AND COORDINATION

25 AMONG PARTICIPATING AGENCIES.—Section 709 of the 


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1 Vision 100—Century of Aviation Reauthorization Act (49 

2 U.S.C. 40101 note) is amended— 

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

4 (a)(3); 

5 (2) by inserting after subsection (a)(3) the fol6 lowing: 

7 ‘‘(B) The Administrator of the Federal 

8 Aviation Administration, the Secretary of De9 fense, the Administrator of the National Aero10 nautics and Space Administration, the Sec11 retary of Commerce, the Secretary of Homeland 

12 Security, and the head of any other Department 

13 or Federal agency from which the Secretary of 

14 Transportation requests assistance under sub15 paragraph (A) shall designate an office to be 

16 responsible for— 

17 ‘‘(i) carrying out the Department or 

18 agency’s Next Generation Air Transpor19 tation System activities with the Office; 

20 and 

21 ‘‘(ii) liaison and coordination with 

22 other Departments and agencies involved 

23 in Next Generation Air Transportation 

24 System activities. 


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

2 agency shall ensure that— 

3 ‘‘(i) the Department’s or agency’s 

4 Next Generation Air Transportation Sys5 tem responsibilities are clearly commu6 nicated to the designated office; and 

7 ‘‘(ii) the performance of supervisory 

8 personnel in that office in carrying out the 

9 Department’s or agency’s Next Generation 

10 Air Transportation System responsibilities 

11 is reflected in their annual performance 

12 evaluations and compensation decisions. 

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

14 enactment of the Aviation Investment and Mod15 ernization Act of 2007, the head of each such 

16 Department or agency shall execute a memo17 randum of understanding with the Office and 

18 with the other Departments and agencies par19 ticipating in the Next Generation Air Transpor20 tation System project that— 

21 ‘‘(I) describes the respective respon22 sibilities of each such Department and 

23 agency, including budgetary commitments; 

24 and 


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1 ‘‘(II) the budgetary and staff re2 sources committed to the project. 

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

4 necessary to reflect any changes in such respon5 sibilities or commitments.’’; 

6 (3) adding at the end of subsection (a) the fol7 lowing: 

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

9 member of the Federal Aviation Administration’s Joint 

10 Resources Council and the Air Traffic Organization’s Ex11 ecutive Council.’’; 

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

13 in the Federal Aviation Administration’s Operational 

14 Evolution Plan’’ in subsection (b); 

15 (5) by striking ‘‘research and development road16 map’’ in subsection (b)(3) and inserting ‘‘implemen17 tation plan’’; 

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

19 subsection (b)(3)(B); 

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

21 following: 

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

23 issue regulations and guidelines for implementa24 tion of the Next Generation Air Transportation 


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1 System within a timeframe consistent with the 

2 integrated plan; and’’; 

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

4 ‘‘concepts’’ in subsection (b)(4); 

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

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

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

8 following: 

9 ‘‘Within 6 months after the date of enactment of the Avia10 tion Investment and Modernization Act of 2007, the Ad11 ministrator shall develop the implementation plan de12 scribed in paragraph (3) of this subsection and shall up13 date it annually thereafter.’’; and 

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

15 inserting ‘‘2011.’’. 

16 (b) SENIOR POLICY COMMITTEE MEETINGS.—Sec17 tion 710 of such Act (49 U.S.C. 40101 note) is amended 

18 by striking ‘‘Secretary.’’ and inserting ‘‘Secretary and 

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

20 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

21 Section 40102(a)(4) is amended— 

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

23 the following: 

24 ‘‘(B) runway lighting and airport surface 

25 visual and other navigation aids;’’; 


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

2 radio-directional finding, or radio or other electro3 magnetic communication; and’’ in subparagraph (C) 

4 and inserting ‘‘aeronautical and meteorological infor5 mation to air traffic control facilities or aircraft, 

6 supplying communication, navigation or surveillance 

7 equipment for air-to-ground or air-to-air applica8 tions;’’; 

9 (3) by striking ‘‘another structure’’ in subpara10 graph (D) and inserting ‘‘any structure or equip11 ment’’; 

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

13 and inserting ‘‘aircraft; and’’; and 

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

15 ‘‘(E) buildings, equipment and systems 

16 dedicated to the National Airspace System.’’. 

17 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN18 TORY. 

19 Section 40110(a)(2) is amended by striking ‘‘com20 pensation; and’’ and inserting ‘‘compensation, and the 

21 amount received may be credited to the appropriation cur22 rent when the amount is received; and’’. 

23 SEC. 312. EDUCATIONAL REQUIREMENTS. 

24 The Administrator of the Federal Aviation Adminis25 tration shall make payments to the Department of DeVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 fense for the education of dependent children of those 

2 Federal Aviation Administration employees in Puerto Rico 

3 and Guam who are subject to transfer by policy and prac4 tice and meet the eligibility requirements of section 

5 2164(c) of title 10, United States Code. 

6 SEC. 313. FEDERAL AVIATION ADMINISTRATION PER7 SONNEL MANAGEMENT SYSTEM. 

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

9 ‘‘(2) DISPUTE RESOLUTION.— 

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

11 does not reach an agreement under paragraph 

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

13 bargaining representatives, the services of the 

14 Federal Mediation and Conciliation Service 

15 shall be used to attempt to reach such agree16 ment in accordance with part 1425 of title 29, 

17 Code of Federal Regulations. The Adminis18 trator and bargaining representatives may by 

19 mutual agreement adopt procedures for the res20 olution of disputes or impasses arising in the 

21 negotiation of a collective-bargaining agree22 ment. 

23 ‘‘(B) BINDING ARBITRATION.—If the serv24 ices of the Federal Mediation and Conciliation 

25 Service under subparagraph (A) does not lead 


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1 to an agreement, the Administrator and the 

2 bargaining representatives shall submit their 

3 issues in controversy to the Federal Service Im4 passes Panel in accordance with section 7119 of 

5 title 5. The Panel shall assist the parties in re6 solving the impasse by asserting jurisdiction 

7 and ordering binding arbitration by a private 

8 arbitration board consisting of 3 members in 

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

10 5, Code of Federal Regulations. The executive 

11 director of the Panel shall request a list of not 

12 less than 15 names of arbitrators with Federal 

13 sector experience from the director of the Fed14 eral Mediation and Conciliation Service to be 

15 provided to the Administrator and the bar16 gaining representatives. Within 10 days after 

17 receiving the list, the parties shall each select 1 

18 person. The 2 arbitrators shall then select a 

19 third person from the list within 7 days. If ei20 ther of the parties fails to select a person or if 

21 the 2 arbitrators are unable to agree on the 

22 third person within 3 days, the selection shall 

23 be chosen randomly through a process agreed to 

24 by the 2 parties. If the parties do not agree on 

25 the framing of the issues to be submitted, the 


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1 arbitration board shall frame the issues. The 

2 arbitration board shall give the parties a full 

3 and fair hearing, including an opportunity to 

4 present evidence in support of their claims, and 

5 an opportunity to present their case in person, 

6 by counsel, or by other representative as they 

7 may elect. Decisions of the arbitration board 

8 shall be conclusive and binding upon the par9 ties. The arbitration board shall render its deci10 sion within 90 days after its appointment. The 

11 Administrator and the bargaining representa12 tive shall share costs of the arbitration equally. 

13 The arbitration board shall take into consider14 ation the effect of its arbitration decisions on 

15 the Federal Aviation Administration’s ability to 

16 attract and retain a qualified workforce and the 

17 Federal Aviation Administration’s budget. 

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

19 agreement or at the conclusion of the binding 

20 arbitration under subparagraph (B) above, the 

21 final agreement, except for those matters de22 cided by the arbitration board, shall be subject 

23 to ratification by the exclusive representative, if 

24 so requested by the exclusive representative, 


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1 and approval by the head of the agency in ac2 cordance with subsection (g)(2)(C). 

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

4 provisions of this paragraph, and any agree5 ment hereunder, shall be in the United States 

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

7 TITLE IV—AIRLINE SERVICE 

8 AND SMALL COMMUNITY AIR 

9 SERVICE IMPROVEMENTS 

10 SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIRE11 MENTS. 

12 (a) IN GENERAL.—Chapter 417 is amended by add13 ing at the end the following: 

14 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

15 SERVICE 

16 ‘‘§ 41781. AIRLINE CONTINGENCY SERVICE RE17 QUIREMENTS. 

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

19 date of the enactment of the Aviation Investment and 

20 Modernization Act of 2007, each air carrier shall institute 

21 the following practices: 

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

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

24 is substantially delayed, such air carrier shall pro25 vide— 


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

2 passengers on such flight during such delay; 

3 and 

4 ‘‘(B) adequate restroom facilities to pas5 sengers on such flight during such delay. 

6 ‘‘(2) RIGHT TO DEPLANE.— 

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

8 develop a plan, that incorporates medical con9 siderations, to ensure that passengers are pro10 vided a clear timeframe under which they will 

11 be permitted to deplane a delayed aircraft. The 

12 air carrier shall provide a copy of the plan to 

13 the Secretary of Transportation, who shall 

14 make the plan available to the public. In the ab15 sence of such a plan, except as provided in sub16 paragraph (B), if more than 3 hours after pas17 sengers have boarded an air carrier and the air 

18 carrier doors are closed, the air carrier has not 

19 departed, the air carrier shall provide pas20 sengers with the option to deplane safely before 

21 the departure of such air carrier. Such option 

22 shall be provided to passengers not less often 

23 than once during each 3-hour period that the 

24 plane remains on the ground. 


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1 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

2 shall not apply— 

3 ‘‘(i) if the pilot of such flight reason4 ably determines that such flight will depart 

5 not later than 30 minutes after the 3 hour 

6 delay; or 

7 ‘‘(ii) if the pilot of such flight reason8 ably determines that permitting a pas9 senger to deplane would jeopardize pas10 senger safety or security. 

11 ‘‘(b) AIR CARRIER.—In this section the term ‘air car12 rier’ means an air carrier holding a certificate issued 

13 under section 41102 that conducts scheduled passenger 

14 air transportation.’’. 

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

16 date of enactment of this Act, the Secretary of Transpor17 tation shall promulgate such regulations as the Secretary 

18 determines necessary to carry out the amendment made 

19 by subsection (a). 

20 (c) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 417 is amended by adding at the end the 

22 following: 

SUBCHAPTER IV. AIRLINE CUSTOMER SERVICE

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


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1 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

2 FLIGHT DELAY HISTORY. 

3 Section 41722 is amended by adding at the end the 

4 following: 

5 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

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

7 air carrier holding a certificate issued under section 

8 41102 that conducts scheduled passenger air trans9 portation shall publish and update monthly on the 

10 Internet website of the air carrier, or provide on re11 quest, a list of chronically delayed flights operated 

12 by the air carrier. 

13 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR14 CHASING TICKETS.—An air carrier shall disclose the 

15 following information prominently to an individual 

16 before that individual books transportation on the 

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

18 data is reported to the Department of Transpor19 tation under part 234 of title 14, Code of Federal 

20 Regulations, and for which the air carrier has pri21 mary responsibility for inventory control: 

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

23 flight if it is a chronically delayed flight. 

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

25 it is a chronically canceled flight. 


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1 ‘‘(3) CHRONICALLY DELAYED; CHRONICALLY

2 CANCELED.—The Secretary of Transportation shall 

3 define the terms ‘chronically delayed flight’ and 

4 ‘chronically canceled flight’ for purposes of this sub5 section.’’. 

6 SEC. 403. EAS CONNECTIVITY PROGRAM. 

7 Section 406(a) of the Vision 100—Century of Avia8 tion Reauthorization Act (49 U.S.C. 40101 note) is 

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

10 SEC. 404. EXTENSION OF FINAL ORDER ESTABLISHING 

11 MILEAGE ADJUSTMENT ELIGIBILITY. 

12 Section 409(d) of the Vision 100—Century of Avia13 tion Reauthorization Act (49 U.S.C. 40101 note) is 

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

15 ‘‘September 30, 2011.’’. 

16 SEC. 405. EAS CONTRACT GUIDELINES. 

17 Section 41737(a)(1) is amended— 

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

19 subparagraph (B); 

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

21 and inserting ‘‘provided;’’; and 

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

23 ‘‘(D) include provisions under which the Sec24 retary may encourage carriers to improve air service 

25 to small and rural communities by incorporating fiVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 nancial incentives in essential air service contracts 

2 based on specified performance goals; and 

3 ‘‘(E) include provisions under which the Sec4 retary may execute long-term essential air service 

5 contracts to encourage carriers to provide air service 

6 to small and rural communities where it would be in 

7 the public interest to do so.’’. 

8 SEC. 406. CONVERSION OF FORMER EAS AIRPORTS. 

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

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

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

12 (2) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) CONVERSION OF LOST ELIGIBILITY AIR15 PORTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish a program to provide general aviation conversion 

18 funding for airports serving eligible places that the 

19 Secretary has determined no longer qualify as eligi20 ble places. 

21 ‘‘(2) GRANTS.—A grant under this sub22 section— 

23 ‘‘(A) may not exceed twice the compensa24 tion paid to provide essential air service to the 

25 airport in the fiscal year preceding the fiscal 


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1 year in which the Secretary determines that the 

2 place served by the airport is no longer an eligi3 ble place; and 

4 ‘‘(B) may be used— 

5 ‘‘(i) for airport development (as de6 fined in section 47102(3)) that will en7 hance general aviation capacity at the air8 port; 

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

10 such use is approved by the Secretary; or 

11 ‘‘(iii) to develop innovative air service 

12 options, such as on-demand or air taxi op13 erations, if such use is approved by the 

14 Secretary. 

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

16 that uses funds provided under this subsection for 

17 an airport development project shall comply with the 

18 requirements of subchapter I of chapter 471 applica19 ble to airport development projects funded under 

20 that subchapter with respect to the project funded 

21 under this subsection. 

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

23 receiving funding under this subsection is not eligi24 ble for funding under section 41736.’’. 


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

2 as redesignated, is amended— 

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

4 ‘‘Neither an eligible place, nor a place to which sub5 section (c) applies,’’; and 

6 (2) by striking ‘‘not’’. 

7 SEC. 407. ESSENTIAL AIR SERVICE REFORM. 

8 Section 41742(a) is amended— 

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

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

11 fiscal year to the account established under section 

12 45303(c) shall be obligated for programs under sec13 tion 406 of the Vision 100—Century of Aviation Re14 authorization Act (49 U.S.C. 40101 note) and sec15 tion 41745 of this title. Amounts appropriated pur16 suant to this section shall remain available until ex17 pended.’’; and 

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

19 and inserting ‘‘$83,000,000’’. 

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

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

22 (1) by striking the section heading and insert23 ing the following: 


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1 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

2 air carrier disputes concerning airport 

3 fees’’ ; 

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

5 in the subsection caption for subsection (d); 

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

7 in the paragraph caption for subsection (d)(2); 

8 (4) by striking ‘‘air carrier’’ each place it ap9 pears and inserting ‘‘air carrier or foreign air car10 rier’’; 

11 (5) by striking ‘‘air carrier’s’’ each place it ap12 pears and inserting ‘‘air carrier’s or foreign air car13 rier’s’’; 

14 (6) by striking ‘‘air carriers’’ each place it ap15 pears and inserting ‘‘air carriers or foreign air car16 riers’’; and 

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

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

19 terms are defined in section 40102 of this title)’’. 

20 (b) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 471 is amended by striking the item relat22 ing to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees.’’. 

23 SEC. 409. SMALL COMMUNITY AIR SERVICE. 

24 (a) PRIORITIES.—Section 41743(c)(5) is amended— 


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

2 subparagraph (D); 

3 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

4 and inserting ‘‘fashion; and’’; and 

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

6 ‘‘(F) multiple communities cooperate to 

7 submit a region or multistate application to im8 prove air service.’’. 

9 (b) EXTENSION OF AUTHORIZATION.—Section 

10 41743(e)(2) is amended by striking ‘‘2008’’ and inserting 

11 ‘‘2011’’. 

12 SEC. 410. CONTRACT TOWER PROGRAM. 

13 (a) COST-BENEFIT REQUIREMENT.—Section 

14 47124(b)(1) is amended— 

15 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

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

17 ‘‘(B) If the Secretary determines that a tower already 

18 operating under this program has a benefit to cost ratio 

19 of less than 1.0, the airport sponsor or State or local gov20 ernment having jurisdiction over the airport shall not be 

21 required to pay the portion of the costs that exceeds the 

22 benefit for a period of 18 months after such determination 

23 is made. 

24 ‘‘(C) If the Secretary finds that all or part of an 

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1 ued under this paragraph is not required during a fiscal 

2 year, the Secretary may use during such fiscal year the 

3 amount not so required to carry out the program estab4 lished under paragraph (3) of this section.’’. 

5 (b) FUNDING.—Subparagraph (E) of section 

6 47124(b)(3) is amended— 

7 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

8 (2) by inserting ‘‘$8,500,000 for fiscal year 

9 2008, $9,000,000 for fiscal year 2009, $9,500,000 

10 for fiscal year 2010, and $10,000,000 for fiscal year 

11 2011’’ after ‘‘2007,’’; and 

12 (3) by inserting after ‘‘paragraph.’’ the fol13 lowing: ‘‘If the Secretary finds that all or part of an 

14 amount made available under this subparagraph is 

15 not required during a fiscal year to carry out this 

16 paragraph, the Secretary may use during such fiscal 

17 year the amount not so required to carry out the 

18 program continued under paragraph (b)(1) of this 

19 section.’’. 

20 (c) FEDERAL SHARE.—Subparagraph (C) of section 

21 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in22 serting ‘‘$2,000,000.’’. 

23 (d) SAFETY AUDITS.—Section 41724 is amended by 

24 adding at the end the following: 


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1 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

2 uniform standards and requirements for safety assess3 ments of air traffic control towers that receive funding 

4 under this section in accordance with the Administration’s 

5 safety management system.’’. 

6 SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED 

7 FORCES. 

8 (a) FINDINGS.—The Congress finds that— 

9 (1) the Armed Forces is comprised of approxi10 mately 1,400,000 members who are stationed on ac11 tive duty at more than 6,000 military bases in 146 

12 different countries; 

13 (2) the United States is indebted to the mem14 bers of the Armed Forces, many of whom are in 

15 grave danger due to their engagement in, or expo16 sure to, combat; 

17 (3) military service, especially in the current 

18 war against terrorism, often requires members of the 

19 Armed Forces to be separated from their families on 

20 short notice, for long periods of time, and under 

21 very stressful conditions; 

22 (4) the unique demands of military service often 

23 preclude members of the Armed Forces from pur24 chasing discounted advance airline tickets in order 

25 to visit their loved ones at home; and 


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1 (5) it is the patriotic duty of the people of the 

2 United States to support the members of the Armed 

3 Forces who are defending the Nation’s interests 

4 around the world at great personal sacrifice. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that each United States air carrier should— 

7 (1) establish for all members of the Armed 

8 Forces on active duty reduced air fares that are 

9 comparable to the lowest airfare for ticketed flights; 

10 and 

11 (2) offer flexible terms that allow members of 

12 the Armed Forces on active duty to purchase, mod13 ify, or cancel tickets without time restrictions, fees, 

14 and penalties. 

15 TITLE V—AVIATION SAFETY 

16 SEC. 501. RUNWAY INCURSION REDUCTION. 

17 Not later than December 31, 2008, the Administrator 

18 of the Federal Aviation Administration shall issue a plan 

19 to develop an installation and deployment schedule for sys20 tems the Administration is installing to alert controllers 

21 and flight crews to potential runway incursions. The plan 

22 shall be integrated into the annual Federal Aviation Ad23 ministration operational evolution plan. 


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1 SEC. 502. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT. 

2 Not later than December 31, 2007, the Federal Avia3 tion Administration shall issue a final rule regarding the 

4 reduction of fuel tank flammability in transport category 

5 aircraft. 

6 SEC. 503. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER7 TIFICATES. 

8 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec9 tion 44703(d) is amended by adding at the end the fol10 lowing: 

11 ‘‘(3) JUDICIAL REVIEW.—A person substantially af12 fected by an order of the Board under this subsection, or 

13 the Administrator when the Administrator decides that an 

14 order of the Board will have a significant adverse impact 

15 on carrying out this part, may obtain judicial review of 

16 the order under section 46110 of this title. The Adminis17 trator shall be made a party to the judicial review pro18 ceedings. The findings of fact of the Board in any such 

19 case are conclusive if supported by substantial evidence.’’. 

20 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

21 amended by striking ‘‘section 44709 or’’ and inserting 

22 ‘‘section 44703(d), 44709, or’’. 


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1 SEC. 504. RELEASE OF DATA RELATING TO ABANDONED 

2 TYPE CERTIFICATES AND SUPPLEMENTAL 

3 TYPE CERTIFICATES. 

4 Section 44704(a) is amended by adding at the end 

5 the following: 

6 ‘‘(5) RELEASE OF DATA.— 

7 ‘‘(A) Notwithstanding any other provision of 

8 law, the Administrator may designate, without the 

9 consent of the owner of record, engineering data in 

10 the agency’s possession related to a type certificate 

11 or a supplemental type certificate for an aircraft, en12 gine, propeller or appliance as public data, and 

13 therefore releasable, upon request, to a person seek14 ing to maintain the airworthiness of such product, if 

15 the Administrator determines that— 

16 ‘‘(i) the certificate containing the requested 

17 data has been inactive for 3 years; 

18 ‘‘(ii) the owner of record, or the owner of 

19 record’s heir, of the type certificate or supple20 mental certificate has not been located despite 

21 a search of due diligence by the agency; and 

22 ‘‘(iii) the designation of such data as pub23 lic data will enhance aviation safety. 

24 ‘‘(B) In this section, the term ‘engineering 

25 data’ means type design drawings and specifications 

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1 cluding the original design data, and any associated 

2 supplier data for individual parts or components ap3 proved as part of the particular aeronautical product 

4 certificate.’’. 

5 SEC. 505. DESIGN ORGANIZATION CERTIFICATES. 

6 Section 44704(e) is amended— 

7 (1) by striking ‘‘Beginning 7 years after the 

8 date of enactment of this subsection,’’ in paragraph 

9 (1) and inserting ‘‘Effective January 1, 2013,’’; 

10 (2) by striking ‘‘testing’’ in paragraph (2) and 

11 inserting ‘‘production’’; and 

12 (3) by striking paragraph (3) and inserting the 

13 following: 

14 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DESIGN

15 ORGANIZATION CERTIFICATION.—The Administrator may 

16 rely on the Design Organization for certification of compli17 ance under this section.’’. 

18 SEC. 506. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

19 DATABASE SYSTEMS. 

20 (a) IN GENERAL.—Chapter 401 is amended by add21 ing at the end thereof the following: 

22 ‘‘§ 40130. FAA access to criminal history records or 

23 databases systems 

24 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS25 TEMS.— 


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1 ‘‘(1) Notwithstanding section 534 of title 28 

2 and the implementing regulations for such section 

3 (28 C.F.R. part 20), the Administrator of the Fed4 eral Aviation Administration is authorized to access 

5 a system of documented criminal justice information 

6 maintained by the Department of Justice or by a 

7 State but may do so only for the purpose of carrying 

8 out its civil and administrative responsibilities to 

9 protect the safety and security of the National Air10 space System or to support the missions of the De11 partment of Justice, the Department of Homeland 

12 Security and other law enforcement agencies. The 

13 Administrator shall be subject to the same condi14 tions or procedures established by the Department 

15 of Justice or State for access to such an information 

16 system by other governmental agencies with access 

17 to the system. 

18 ‘‘(2) The Administrator may not use the access 

19 authorized under paragraph (1) to conduct criminal 

20 investigations. 

21 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

22 shall, by order, designate those employees of the Adminis23 tration who shall carry out the authority described in sub24 section (a). Such designated employees may— 


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1 ‘‘(1) have access to and receive criminal history, 

2 driver, vehicle, and other law enforcement informa3 tion contained in the law enforcement databases of 

4 the Department of Justice, or of any jurisdiction in 

5 a State in the same manner as a police officer em6 ployed by a State or local authority of that State 

7 who is certified or commissioned under the laws of 

8 that State; 

9 ‘‘(2) use any radio, data link, or warning sys10 tem of the Federal Government and of any jurisdic11 tion in a State that provides information about 

12 wanted persons, be-on-the-lookout notices, or war13 rant status or other officer safety information to 

14 which a police officer employed by a State or local 

15 authority in that State who is certified or commis16 sion under the laws of that State has access and in 

17 the same manner as such police officer; or 

18 ‘‘(3) receive Federal, State, or local government 

19 communications with a police officer employed by a 

20 State or local authority in that State in the same 

21 manner as a police officer employed by a State or 

22 local authority in that State who is commissioned 

23 under the laws of that State. 

24 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE

25 INFORMATION DEFINED.—In this section the term ‘sysVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 tem of documented criminal justice information’ means 

2 any law enforcement databases, systems or communica3 tions containing information concerning identification, 

4 criminal history, arrests, convictions, arrest warrants, 

5 wanted or missing persons, including the National Crime 

6 Information Center and its incorporated criminal history 

7 databases and the National Law Enforcement Tele8 communications System.’’. 

9 (b) CONFORMING AMENDMENT.—The chapter anal10 ysis for chapter 401 is amended by inserting after the item 

11 relating to section 40129 the following: 

‘‘§ 40130. FAA access to criminal history records or databases systems.’’. 

12 SEC. 507. FLIGHT CREW FATIGUE. 

13 (a) IN GENERAL.—Within 3 months after the date 

14 of enactment of this Act the Administrator of the Federal 

15 Aviation Administration shall conclude arrangements with 

16 the National Academy of Sciences for a study of pilot fa17 tigue. 

18 (b) STUDY.—The study shall include consideration 

19 of— 

20 (1) research on fatigue, sleep, and circadian 

21 rhythms; 

22 (2) sleep and rest requirements recommended 

23 by the National Transportation Safety Board; and 

24 (3) international standards. 


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1 (c) REPORT.—Within 18 months after initiating the 

2 study, the National Academy shall submit a report to the 

3 Administrator containing its findings and recommenda4 tions, including recommendations with respect to Federal 

5 Aviation Regulations governing flight limitation and rest 

6 requirements. 

7 (d) RULEMAKING.—After the Administrator receives 

8 the National Academy’s report, the Federal Aviation Ad9 ministration shall consider the findings of the National 

10 Academy in its rulemaking proceeding on flight time limi11 tations and rest requirements. 

12 (e) IMPLEMENTATION OF FLIGHT ATTENDANT FA13 TIGUE STUDY RECOMMENDATIONS.—Within 60 days 

14 after the date of enactment of this Act, the Administrator 

15 of the Federal Aviation Administration shall initiate a 

16 process to carry out the recommendations of the CAMI 

17 study on flight attendant fatigue. 

18 SEC. 508. INCREASING SAFETY FOR HELICOPTER EMER19 GENCY MEDICAL SERVICE OPERATORS. 

20 (a) COMPLIANCE WITH 14 CFR PART 135 REGULA21 TIONS.—No later than 18 months after the date of enact22 ment of this Act, all helicopter emergency medical service 

23 operators shall comply with the regulations in part 135 

24 of title 14, Code of Federal Regulations whenever there 


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1 is a medical crew on board, without regard to whether 

2 there are patients on board the helicopter. 

3 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

4 PROGRAM.—Within 60 days after the date of enactment 

5 of this Act, the Federal Aviation Administration shall ini6 tiate, and complete within 18 months, a rulemaking— 

7 (1) to create a standardized checklist of risk 

8 evaluation factors based on its Notice 8000.301, 

9 issued in August, 2005; and 

10 (2) to require helicopter emergency medical 

11 service operators to use the checklist to determine 

12 whether a mission should be accepted. 

13 (c) COMPREHENSIVE CONSISTENT FLIGHT DIS14 PATCH PROCEDURES.—Within 60 days after the date of 

15 enactment of this Act, the Federal Aviation Administra16 tion shall initiate, and complete within 18 months, a rule17 making— 

18 (1) to create standardized flight dispatch proce19 dures for helicopter emergency medical service oper20 ators based on the regulations in part 121 of title 

21 14, Code of Federal Regulations; and 

22 (2) require such operators to use those proce23 dures for flights. 

24 (d) IMPROVING SITUATIONAL AWARENESS.—Any 

25 helicopter used for helicopter emergency medical service 


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1 operations that is ordered, purchased, or otherwise ob2 tained after the date of enactment of this Act shall have 

3 on board an operational terrain awareness and warning 

4 system that meets the technical specifications of section 

5 135.154 of the Federal Aviation Regulations (14 C.F.R. 

6 135.154). 

7 (e) IMPROVING THE DATA AVAILABLE TO NTSB IN8 VESTIGATORS AT CRASH SITES.— 

9 (1) STUDY.—Within 1 year after the date of 

10 enactment of this Act, the Federal Aviation Admin11 istration shall complete a feasibility study of requir12 ing flight data and cockpit voice recorders on new 

13 and existing helicopters used for emergency medical 

14 service operations. The study shall address, at a 

15 minimum, issues related to survivability, weight, and 

16 financial considerations of such a requirement. 

17 (2) RULEMAKING.—Within 2 years after the 

18 date of enactment of this Act, the Federal Aviation 

19 Administration shall complete a rulemaking to re20 quire flight data and cockpit voice recorders on 

21 board such helicopters. 

22 SEC. 509. CABIN CREW COMMUNICATION REQUIREMENTS. 

23 (a) IN GENERAL.—Section 44728 is amended— 

24 (1) by redesignating subsection (f) as sub25 section (g); and 


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1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) MINIMUM ENGLISH LANGUAGE SKILLS.— 

4 ‘‘(1) IN GENERAL.—No certificate holder may 

5 use any person to serve, nor may any person serve, 

6 as a flight attendant under this part, unless that 

7 person has the ability (1) to read, speak, and write 

8 English well enough to— 

9 ‘‘(A) read material written in English and 

10 comprehend the information; 

11 ‘‘(B) speak and understand English suffi12 ciently to provide direction to, and understand 

13 and answer questions from, English-speaking 

14 individuals; 

15 ‘‘(C) write incident reports and statements 

16 and log entries and statements; and 

17 ‘‘(D) carry out written and oral instruc18 tions regarding the proper performance of their 

19 duties. 

20 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

21 paragraph (1) do not apply to service as a flight at22 tendant on a flight operated by a certificate holder 

23 solely between points outside the United States.’’. 

24 (b) ADMINISTRATION.—The Administrator of the 

25 Federal Aviation Administration shall work with certifiVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 cate holders to which section 44728(f) of title 49, United 

2 States Code, applies to facilitate compliance with the re3 quirements of section 44728(f)(1) of that title. 

4 TITLE VI—AVIATION RESEARCH 

5 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

6 Section 44511(f) is amended— 

7 (1) by striking ‘‘establish a 4-year pilot’’ in 

8 paragraph (1) and inserting ‘‘maintain an’’; and 

9 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

10 ‘‘program’’ the first time it appears; and 

11 (3) by striking ‘‘program, including rec12 ommendations as to the need for establishing a per13 manent airport cooperative research program.’’ in 

14 paragraph (4) and inserting ‘‘program.’’. 

15 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

16 FROM CIVILIAN AIRCRAFT. 

17 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

18 From amounts made available under section 48102(a) of 

19 title 49, United States Code, the Administrator of the 

20 Federal Aviation Administration shall establish a research 

21 program related to reducing civilian aircraft source noise 

22 and emissions through grants or other measures author23 ized under section 106(l)(6) of such title, including reim24 bursable agreements with other Federal agencies. The pro25 gram shall include participation of educational and reVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 search institutions or private sector entities that have ex2 isting facilities and experience for developing and testing 

3 noise, emissions and energy reduction engine and aircraft 

4 technology, and developing alternative fuels. 

5 (b) ESTABLISHING A CONSORTIUM.—Within 6 

6 months after the date of enactment of this Act, the Ad7 ministrator shall designate, using a competitive process, 

8 an institution, entity, or consortium described in sub9 section (a) as a Consortium for Aviation Noise, Emissions, 

10 and Energy Technology Research to perform research in 

11 accordance with this section. The Consortium shall con12 duct the research program in coordination with the Na13 tional Aeronautics and Space Administration and other 

14 relevant agencies. 

15 (c) PERFORMANCE OBJECTIVES.—By January 1, 

16 2015, the research program shall accomplish the following 

17 objectives: 

18 (1) Certifiable aircraft technology that increases 

19 aircraft fuel efficiency by 25 percent relative to 1997 

20 subsonic aircraft technology. 

21 (2) Certifiable engine technology that reduces 

22 landing and takeoff cycle nitrogen oxide emissions 

23 by 50 percent, without increasing other gaseous or 

24 particle emissions, over the International Civil Avia25 tion Organization standard adopted in 2004. 


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1 (3) Certifiable aircraft technology that reduces 

2 noise levels by 10 dB (30 dB cumulative) relative to 

3 1997 subsonic jet aircraft technology. 

4 (4) Determination of the feasibility of use of al5 ternative fuels in aircraft systems, including success6 ful demonstration and quantification of benefits. 

7 (5) Determination of the extent to which new 

8 engine and aircraft technologies may be used to ret9 rofit or re-engine aircraft so as to increase the level 

10 of penetration into the commercial fleet. 

11 SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECH12 NOLOGY FOR CIVILIAN AIRCRAFT. 

13 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

14 From amounts made available under section 48102(a) of 

15 title 49, United States Code, the Secretary of Transpor16 tation shall establish a research program related to devel17 oping jet fuel from clean coal through grants or other 

18 measures authorized under section 106(l)(6) of such title, 

19 including reimbursable agreements with other Federal 

20 agencies. The program shall include participation by edu21 cational and research institutions that have existing facili22 ties and experience in the development and deployment of 

23 technology that processes coal to aviation fuel. 

24 (b) DESIGNATION OF INSTITUTE AS A CENTER OF

25 EXCELLENCE.—Within 6 months after the date of enactVerDate Aug 31 2005 22:15 May 05, 2007 Jkt 059196 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.IS S1300

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1 ment of this Act, the Administrator of the Federal Avia2 tion Administration shall designate an institution de3 scribed in subsection (a) as a Center of Excellence for Coal 

4 to Jet Fuel Research. 

5 SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERO6 NAUTICS. 

7 (a) ESTABLISHMENT.—There is established an advi8 sory committee to be know as the ‘‘Advisory Committee 

9 on the Future of Aeronautics’’. 

10 (b) MEMBERSHIP.—The Advisory Committee shall 

11 consist of 7 members appointed by the President from a 

12 list of 15 candidates proposed by the Director of the Na13 tional Academy of Sciences. 

14 (c) CHAIRPERSON.—The Advisory Committee mem15 bers shall elect 1 member to serve as chairperson of the 

16 Advisory Committee. 

17 (d) FUNCTIONS.—The Advisory Committee shall ex18 amine the best governmental and organizational struc19 tures for the conduct of civil aeronautics research and de20 velopment, including options and recommendations for 

21 consolidating such research to ensure continued United 

22 States leadership in civil aeronautics. The Committee shall 

23 consider transferring responsibility for civil aeronautics re24 search and development from the National Aeronautics 

25 and Space Administration to other existing departments 


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1 or agencies of the Federal government or to a non-govern2 mental organization such as academic consortia or not3 for-profit organizations. In developing its recommenda4 tions, the Advisory Committee shall consider, as appro5 priate, the aeronautics research policies developed pursu6 ant to section 101(d) of Public Law 109–155 and the re7 quirements and priorities for aeronautics research estab8 lished by title IV of Public Law 109–155. 

9 (e) REPORT.—Not later than 12 months after the 

10 date on which the full membership of the Advisory Com11 mittee is appointed, the Advisory Committee shall submit 

12 a report to the Senate Committee on Commerce, Science, 

13 and Transportation and the House Committees on Science 

14 and Technology and on Transportation and Infrastructure 

15 on its findings and recommendations. The report may rec16 ommend a rank ordered list of acceptable solutions. 

17 (f) TERMINATION.—The Advisory Committee shall 

18 terminate 60 days after the date on which it submits the 

19 report to the Congress. 

20 TITLE VII—MISCELLANEOUS 

21 SEC. 701. GENERAL AUTHORITY. 

22 (a) GENERAL AUTHORITY.—Paragraph (1) of section 

23 44302(e), as redesignated by subsection (a)(1)(B), is 

24 amended by striking ‘‘December 31, 2006,’’ and inserting 

25 ‘‘December 31, 2008,’’. 


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1 (b) THIRD PARTY LIABILITY.—Section 44303(b) is 

2 amended by striking ‘‘December 31, 2006,’’ and inserting 

3 ‘‘December 31, 2012,’’. 

4 (c) EXTENSION OF PROGRAM AUTHORITY.—Section 

5 44310 is amended by striking ‘‘March 30, 2008.’’ and in6 serting ‘‘March 30, 2013.’’. 

7 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

8 Within 6 months after the date of enactment of this 

9 Act, the Administrator of the Federal Aviation Adminis10 tration shall develop a Human Intervention Management 

11 Study program for cabin crews employed by commercial 

12 air carriers in the United States. 

13 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

14 The Administrator of the Federal Aviation Adminis15 tration— 

16 (1) shall establish a formal, structured certifi17 cation training program for the airport concessions 

18 disadvantaged business enterprise program; and 

19 (2) may appoint 3 additional staff to implement 

20 the programs of the airport concessions disadvan21 taged business enterprise initiative. 

22 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

23 (a) EXTENSION OF METROPOLITAN WASHINGTON

24 AIRPORTS AUTHORITY.—Section 49108 is amended by 

25 striking ‘‘2008,’’ and inserting ‘‘2011,’’. 


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1 (b) MARSHALL ISLANDS, FEDERATED STATES OF

2 MICRONESIA, AND PALAU.—Section 47115(j) is amended 

3 by striking ‘‘2007,’’ and inserting ‘‘2011,’’. 

4 (c) MIDWAY ISLAND AIRPORT.—Section 186(d) of 

5 the Vision 100—Century of Aviation Reauthorization Act 

6 (17 Stat. 2518) is amended by striking ‘‘October 1, 

7 2007,’’ and inserting ‘‘October 1, 2011,’’. 

8 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

9 Section 47107(s) is amended by striking paragraph 

10 (3). 

11 SEC. 706. MODIFICATION OF FAA’S AGE-60 STANDARD. 

12 (a) IN GENERAL.—A pilot who has attained 60 years 

13 of age may serve as a pilot of an aircraft operated by an 

14 air carrier engaged in operations under part 121 of title 

15 14, Code of Federal Regulations, until attaining 65 years 

16 of age only if the pilot serves— 

17 (1) as a required pilot in multi-crew aircraft op18 erations; and 

19 (2) with another pilot serving as a required 

20 pilot in such multi-crew aircraft operations who has 

21 not yet attained 60 years of age. 

22 (b) SUNSET OF AGE-60 RULE.— 

23 (1) IN GENERAL.—On and after the effective 

24 date described in subsection (e), section 121.383(c) 


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1 of title 14, Code of Federal Regulations shall have 

2 no further force or effect. 

3 (2) REGULATIONS.—Not later than 30 days 

4 after the effective date described in subsection (e), 

5 the Secretary of Transportation shall take such ac6 tion as may be necessary to implement paragraph 

7 (1) and to modify the regulations relating to pilot 

8 privileges by reason of age. 

9 (c) APPLICABILITY.—The provisions of subsection (a) 

10 shall not provide a basis for a claim of seniority under 

11 any labor agreement in effect between a recognized bar12 gaining unit for pilots and an air carrier engaged in oper13 ations under part 121 of title 14, Code of Federal Regula14 tions, that is made by a person who was a pilot and who 

15 attained 60 years of age before the effective date described 

16 in subsection (e) and is seeking a position as a pilot with 

17 such air carrier following that person’s termination or ces18 sation of employment or promotion or transfer to another 

19 position with such air carrier pursuant to section 

20 121.383(c) of title 14, Code of Federal Regulations, as 

21 in effect on the day before the effective date described in 

22 subsection (e). 

23 (d) GAO REPORT AFTER MODIFICATION OF AGE-60 

24 STANDARD.—Not later than 24 months after the effective 

25 date described in subsection (e), the Comptroller General 


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1 of the United States shall report to the Committee on 

2 Commerce, Science, and Transportation of the Senate and 

3 the Committee on Transportation and Infrastructure of 

4 the House of Representatives concerning the effect on 

5 aviation safety, if any, of the modification of the age 

6 standard contained in subsection (a). 

7 (e) EFFECTIVE DATE.—This section shall take effect 

8 on the date that is 30 days after the date of the enactment 

9 of this Act. 

10 SEC. 707. UPDATE ON OVERFLIGHTS. 

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

12 ‘‘(b) LIMITATIONS.— 

13 ‘‘(1) IN GENERAL.—In establishing fees under 

14 subsection (a), the Administrator shall ensure that 

15 the fees required by subsection (a) are reasonably 

16 related to the Administration’s costs, as determined 

17 by the Administrator, of providing the services ren18 dered. Services for which costs may be recovered in19 clude the costs of air traffic control, navigation, 

20 weather services, training, and emergency services 

21 which are available to facilitate safe transportation 

22 over the United States, and other services provided 

23 by the Administrator or by programs financed by 

24 the Administrator to flights that neither take off nor 

25 land in the United States. The determination of 


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1 such costs by the Administrator is not subject to ju2 dicial review. 

3 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis4 trator shall adjust the overflight fees established by 

5 subsection (a)(1) by expedited rulemaking and begin 

6 collections under the adjusted fees by October 1, 

7 2008. In developing the adjusted overflight fees, the 

8 Administrator shall seek and consider the rec9 ommendations offered by the Aviation Rulemaking 

10 Committee for Overflight Fees that are intended to 

11 ensure that overflight fees are reasonably related to 

12 the Administrator’s costs of providing air traffic 

13 control and related services to overflights. In addi14 tion, the Administrator may periodically modify the 

15 fees established under this section either on the Ad16 ministrator’s own initiative or on a recommendation 

17 from the Air Traffic Control Modernization Board. 

18 ‘‘(3) COST DATA.—The adjustment of overflight 

19 fees under paragraph (2) shall be based on the costs 

20 to the Administration of providing the air traffic 

21 control and related activities, services, facilities, and 

22 equipment using the available data derived from the 

23 Administration’s cost accounting system and cost al24 location system to users, as well as budget and oper25 ational data. 


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1 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this 

2 section shall require the Administrator to take into 

3 account aircraft altitude in establishing any fee for 

4 aircraft operations in en route or oceanic airspace. 

5 ‘‘(5) ADMINISTRATIVE PROVISIONS.—Section 

6 48515(c) shall apply to the imposition and collection 

7 of overflight fees established under this section. For 

8 the purpose of applying that section to such fees, 

9 any reference in section 48515(c) to ‘surcharge’ or 

10 ‘surcharges’ is deemed to refer to ‘overflight fee’ or 

11 ‘overflight fees’, respectively. 

12 ‘‘(6) COSTS DEFINED.—In this subsection, the 

13 term ‘costs’ means those costs associated with the 

14 operation, maintenance, debt service, and overhead 

15 expenses of the services provided and the facilities 

16 and equipment used in such services, including the 

17 projected costs for the period during which the serv18 ices will be provided. 

19 ‘‘(7) PUBLICATION; COMMENT.—The Adminis20 trator shall publish in the Federal Register any fee 

21 schedule under this section, including any adjusted 

22 overflight fee schedule, and the associated collection 

23 process as an interim final rule, pursuant to which 

24 public comment will be sought and a final rule 

25 issued.’’. 


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1 SEC. 708. TECHNICAL CORRECTIONS. 

2 Section 41022(g) is amended— 

3 (1) by striking ‘‘2302(b), relating to whistle4 blower protection,’’ in paragraph (2)(A) and insert5 ing ‘‘2302,’’; and 

6 (2) by adding at the end of paragraph (3) 

7 ‘‘Notwithstanding any other provision of law, retro8 active to April 1, 1996, the Board shall have the 

9 same remedial authority over such employee appeals 

10 that it had as of March 31, 1996.’’. 

11 SEC. 709. FAA TECHNICAL TRAINING AND STAFFING. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—The Comptroller General 

14 shall conduct a study of the training of airway 

15 transportation systems specialists of the Federal 

16 Aviation Administration that includes— 

17 (A) an analysis of the type of training pro18 vided to such specialists; 

19 (B) an analysis of the type of training that 

20 such specialists need to be proficient in the 

21 maintenance of the latest technologies; 

22 (C) actions that the Administration has 

23 undertaken to ensure that such specialists re24 ceive up-to-date training on such technologies; 

25 (D) the amount and cost of training pro26 vided by vendors for such specialists; 


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1 (E) the amount and cost of training pro2 vided by the Administration after developing in3 house training courses for such specialists; 

4 (F) the amount and cost of travel required 

5 of such specialists in receiving training; and 

6 (G) a recommendation regarding the most 

7 cost-effective approach to providing such train8 ing. 

9 (2) REPORT.—Within 1 year after the date of 

10 enactment of this Act, the Comptroller General shall 

11 transmit a report on the study containing the Comp12 troller General’s findings and recommendations to 

13 the Senate Committee on Commerce, Science, and 

14 Transportation and the House of Representatives 

15 Committee on Transportation and Infrastructure. 

16 (b) SAFETY STAFFING MODEL.—Within 18 months 

17 after the date of enactment of this Act, the Administrator 

18 of the Federal Aviation Administration shall develop a 

19 staffing model for aviation safety inspectors. In developing 

20 the model, the Administrator shall consult with represent21 atives of the aviation safety inspectors and other inter22 ested parties. 

Æ 


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