[Congressional Record Volume 153, Number 140 (Thursday, September 20, 2007)]
[House]
[Pages H10637-H10687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAA REAUTHORIZATION ACT OF 2007
The Committee resumed its sitting.
Mr. MICA. Madam Chairman, I am pleased to yield 5 minutes to the
Republican leader of the Aviation Subcommittee, the gentleman from
Wisconsin (Mr. Petri).
Mr. PETRI. I thank my colleague from Florida.
All of us who are frequent travelers as we go back and forth to our
districts know the strain that is on our air traffic system. We all
hear from outraged constituents who have had enough of delays and of
cancellations. The American Society of Civil Engineers periodically
issues an infrastructure report
[[Page H10638]]
card. In 2005, aviation received only a D-plus. We're in a bad
situation and it is only going to get worse.
Traffic is predicted to grow over 4 percent per year until we reach 1
billion passengers by 2015. Air cargo is growing at a rate of more than
5 percent per year. We have a general aviation community that is unique
and more active than any other country in the world.
The bill before us increases Federal investment in aviation
infrastructure with funding for the Airport Improvement Program which
provides grants from the aviation trust fund for airport improvements,
increased to a total of $15.8 billion over 4 years. The Facilities and
Equipment program is increased to $13 billion. We also increase the cap
on the level of passenger facility charges that an airport can impose
for capacity and safety projects. This cap was last raised 7 years ago
and the $4.50 then is now only worth $2.86 due to the incredibly high
construction cost inflation.
One of the most important initiatives under way at the FAA is the
modernization of our air traffic control system, known as NextGen. We
must move away from an antique 50-year-old ground-based technology to a
modern satellite-based system in order to increase capacity, lower
costs and increase safety. The bill seeks to move this process along
while instilling accountability. Congress will need to provide
effective oversight to be sure the program stays on track and that we
have the financial resources for this $15 to $20 billion multi-year
program to keep it moving forward.
Madam Chairman, there are a variety of other provisions too numerous
to enumerate which improve on safety, provide for noise mitigation and
enhance other environmental initiatives. The mandatory retirement age
for pilots would be increased from age 60 to 65. Passenger rights would
be enhanced by ensuring that airlines plan for the care of passengers
who are held hostage on tarmacs and will seek to avoid such occurrences
by establishing a process to avoid clear overscheduling that inevitably
leads to delay.
However, I am placed in the rather odd position of voting ``no'' on
final passage for my subcommittee's bill. Though the base bill was put
together on a bipartisan basis, two amendments were adopted by the
committee which cause me grave concern for the long-term prospects of
this bill. We have it on good authority that the bill will be vetoed if
section 601 regarding contract impasse procedures is not revised. The
current provision provides for changes in future impasse procedures,
which I don't object to; but then it also reopens the currently imposed
contract and includes back pay under terms of the 1998 contract.
According to the Congressional Budget Office, the cost of this
provision in 2008 is $179 million, and $477 million over the life of
the bill. The FAA estimates a total cost as high as $1.9 billion over 5
years and $7.5 billion over 10 years.
Second, an amendment was adopted that would move express carriers
from being covered by the Railway Labor Act to the National Labor
Relations Act. This provision is really targeted at one company, FedEx.
FedEx Express was organized as and still is an air carrier, in
particular an express carrier. As such, it has been covered by the
Railway Labor Act since its creation in 1971. Yes, it has trucks, but
it is a fully integrated system which was reaffirmed by the Ninth
Circuit Court of Appeals. Some draw comparisons to UPS, another great
and innovative company for which we all have the greatest respect and,
yes, even affection. But UPS organized a hundred years ago as a truck
company and as such is rightly covered by the National Labor Relations
Act. I would note that other companies within the FedEx family such as
FedEx Freight are also covered by the NLRA. These are two different
companies with two different corporate structures, and I regret that
this change is included in the bill before us.
I would like to thank Chairman Oberstar, Chairman Costello, and
Ranking Member Mica for working together as best we could, sometimes
working through basic philosophical differences. I thank the staff for
the many hours they have put into helping to produce this bill.
Finally, I appreciate the cooperation of the Science Committee for its
contribution of the research provisions and the Ways and Means
Committee for extending the aviation taxes that fund much of this
program.
Madam Chairman, today we are considering H.R. 2881, which will
reauthorize our aviation programs for the next 4 years.
Most of us here are experienced air travelers, as we fly back and
forth to our districts each week. We all know the capacity crunch our
air system is experiencing--both on the ground and in the air. All of
us are dealing with outraged constituents who are tired of delays,
cancelled flights, or being held hostage for hours at a time while a
plane sits on the tarmac.
We need to invest and make improvements to our air transportation
system:
Air passenger demand is predicted to grow 4.3 percent each year
through 2015--resulting in 1 billion passengers annually by 2015.
The number of aircraft to be handled by air traffic control is
expected to grow from 45.1 million in 2004 to 48.5 million in 2015.
Air cargo is growing at a rate of more than 5 percent a year.
According to the FAA and other experts, $9 billion to $15 billion in
capital investment is needed per year.
Aviation is critical to our economic vitality. The commercial
aviation industry is responsible for 8 percent of our GDP. It creates
and sustains more than 10 million jobs.
For a sector that is so critical to our future, you would think a
safe and efficient air transportation system would be one of our top
national priorities. And yet, the American Society of Civil Engineers'
2005 infrastructure report card gives aviation a grade of only a D+.
The FAA Reauthorization Act of 2007 will take important steps to
address these problems.
It increases investment in aviation infrastructure, authorizing $15.8
billion over 4 years for the Airport Improvement Program (AlP) which
provides grants to airports for needed airport expansion and
development. The Facilities and Equipment program provides needed air
navigation systems and funding is increased in this bill to $13 billion
over 4 years.
While we need to expand capacity on the ground, we also need to do so
in the air. The air traffic control modernization program, known as
NextGen, will move us from a ground-based radar system to a satellite-
based system. Rather than verbally direct every movement of every
plane, air traffic controllers will manage traffic and become involved
with specific aircraft only as needed. We will be able to handle the
increasing air traffic that we know is coming without a huge increase
in controllers.
H.R. 2881 also addresses the issue of passenger rights, as has been
demanded by angry passengers who feel they have been abused. The issue
of delays, flight schedules and flight diversions is a complicated one.
The bill includes a variety of consumer provisions, including requiring
airlines to have contingency plans on how they will respond when planes
are excessively delayed, including ensuring that trapped passengers are
properly cared for. The FAA must approve the plans and can impose civil
penalties. The FAA administrator also is directed to work with airlines
when there is clear evidence that the number of flights scheduled
exceeds the maximum capacity of the airport--a situation that almost
guarantees excessive delays.
In addition, H.R. 2881 will improve safety and enhance environmental
protection. The number of aviation safety inspectors will be increased,
funds for runway incursion reduction programs are increased and other
safety programs are strengthened.
We are addressing environmental issues by requiring the phase-out in
5 years of noisy Stage II jet aircraft so those who live around
airports can enjoy at least a little more peace and less noise
overhead.
In an effort to increase fuel efficiency and decrease emissions,
several innovative programs and pilots are established. For example,
the Aircraft Departure Queue Management Pilot Program authorizes 5
airports to employ new traffic flow management technologies to better
manage the movement of aircraft on the ground. The goal is to reduce
ground holds and idling times--leading to reduced emissions and
increased fuel savings.
The CLEEN Partnership is a 10-year cooperative agreement for the
development and certification of lower energy, emissions and noise,
engine and airframe technology.
One of the more popular provisions would raise the age at which
commercial pilots must retire from the current age 60 to age 65. This
will put the United States in line with international standards. In
this day and age, age 60 retirement is really an anachronism, and we
need to update and modernize this requirement.
While I support the vast majority of the provisions in this bill, and
we did work together on a bipartisan basis to develop the base bill, I
find myself in the odd position of having to vote ``no'' on final
passage of our reauthorization bill. This is primarily because of two
provisions.
First, section 601 of H.R. 2881 amends contract impasse procedures
and also effectively
[[Page H10639]]
overturns a contract implemented last year. I agree that the current
contract impasse procedures that were instituted in the 1996 personnel
reforms needs to be revised. I will not oppose revising the impasse
procedure. In fact, a binding arbitration resolution solution may be
the right solution.
The problem is that the provision also reopens the currently imposed
contract and includes back pay from 2005 until negotiations are
completed. According to the Congressional Budget Office, the cost of
this provision in fiscal year 2008 is $179 million and $477 million
over the life of the bill. FAA estimates a total cost as high as $1.9
billion over 5 years and $7.5 billion over 10 years.
If we want a reauthorization enacted--and I do--this provision
jeopardizes that goal. It has been made pretty clear to us
that including the retroactive provisions will invite a presidential
veto. And we may even have a problem getting to conference, based on
the comments of some Senators.
So when this bill passes today--as I expect it will--we need to
realize that more negotiation and compromise will be needed to actually
get a bill that can be signed into law.
Second, section 806 would amend the labor law that covers the
employees of FedEx Express. This has been an issue that has arisen on
occasion here in the Congress. The simple fact is that FedEx Express,
since its inception in 1971, has been and remains an air carrier--in
particular an express carrier. FedEx trucks are fully integrated into
the air express activities--and even the Ninth Circuit Court has found
this to be the case.
The press enjoys characterizing this as a FedEx versus UPS fight. It
is not. No member wants to pick sides between two innovative and
successful companies. But UPS is a motor carrier subject to the
National Labor Relations Act. It has been for the last 100 years. The
two companies have a very different corporate structure.
Some continue to make reference to 1996 law that ``changed'' coverage
of FedEx Express to the Railway Labor Act. This is misleading. In fact,
a conforming amendment in the ICC Termination Act of 1995 had the
inadvertent effect of potentially changing the labor law that would
apply to FedEx Express from the Railway Labor Act to the National Labor
Relations Act. No discussion on this issue was ever held during
consideration of the bill, and there was no conscious decision made to
effect that change in the ICC Termination Act. The 1996 legislation--
which was championed by former Democratic Senator Fritz Hollings of
South Carolina--simply corrected that inadvertent error. FedEx has been
covered by the Railway Labor Act since 1971. It is unfortunate this
bill would ignore all that has gone on before.
In closing, let me commend my Committee leadership for working
together under what has frequently been some difficult times. There are
some issues that we simply disagree on, but we have tried to continue
to work toward the goal of getting a reauthorization in place.
I also want to express thanks to the Science Committee for its
contribution of the research title and to the Ways and Means Committee
for the tax title. I am pleased that Ways and Means rejected moving to
a user fee-based financing scheme in favor of the current more
efficient fuel tax program. Taxes are raised for general aviation and
corporate jets, and we should note that these groups are accepting and
supportive of the increase, knowing that the system requires it.
Again, I am pleased that we are moving forward. We need to invest in
aviation infrastructure. We need to modernize our air traffic control
system to increase capacity and improve safety. We need to address the
environmental challenge facing the industry today. We need to ensure
that our aviation system remains safe.
The United States has always been the leader around the world in
aviation innovation--but I fear that position may be threatened. We
must continue to lead and set the standard for the rest of the world.
Mr. OBERSTAR. Mr. Chairman, at this time I yield 5 minutes to the
distinguished chairman of the Ways and Means Committee, the gentleman
from New York (Mr. Rangel). I thank him for the cooperation and the
splendid support the committee has given in the furtherance of this
legislation in their extremely important responsibility.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. Fellow Members, I want to thank Chairman Costello and
Chairman Oberstar for their cooperation and working together as a team
with our Republican colleagues to get this job done.
Quite frankly, I thought it was almost going to be pro forma when I
knew that the Ways and Means Committee was going to receive this bill
for the purposes of providing revenue. So I was a little surprised that
when the issue actually came before the full committee, rather than
dealing with the question of revenue, I had to deal with the question
of outrage. There was not a liberal, conservative, Republican or
Democrat that didn't believe that this was our time to tell these
aviation people that we passengers have been suffering in such a way
that we were going to express it through the tax system.
{time} 1200
People on the tarmac for 3, 4, 5 hours; flights being cancelled;
weather conditions we never heard of; overcrowding. And we were of the
belief that when they came to raising the revenue, that General
Aviation, these small planes were congesting the airs and we were going
to make them pay dearly for it, and Chairman Oberstar and Chairman
Costello was asking us to take a deep breath. I told them it wasn't me.
But the committee said that this bill is not going to leave our
committee unless we have some fingerprints on this thing to let them
know that we feel the outrage for our constituents and we want them to
know it. And so we made the political mistake of having Chairman
Oberstar and Chairman Costello come to a caucus and to share with us
what the problem was. It was one of those times that you really felt
better if you didn't know the extent of the problem and just did what
you were supposed to do.
He had the people explain that, yes, we have problems with General
Aviation, but these commercial airlines are having these routes being
filled with smaller planes and so they are filling the air. And then
FAA was saying that we have a plan that will go in effect for 2020, but
we don't have enough money to implement it. And then the air traffic
controller said, and we need 2 or 3 years to train our people and they
won't pay us for it. And then they said that they could handle twice
the congestion in the air if only they had more landing fields, but
geographically there was no space for additional landing fields. And so
then we said: What is it you really want, Chairman Oberstar?
And we have really walked away thanking them for incorporating some
of the ideas of our committee, as Mike Thompson and Lloyd Doggett, and
having the Passengers Bill of Rights.
But we want the FAA to know that these long-ranged plans of
modernization, for those of us that are in advanced years, we don't
really believe that we are going to have to wait in order for us to be
treated as human beings. Not as congresspeople, not as big shots, not
as VIPs, but we know that changes can be made. And we will be depending
on the Transportation and Infrastructure Committee to continue to work
with us to make certain that we fulfill our commitment to the American
people to make it easier for us to use the airways.
I want to thank you for your cooperation, and I look forward to
working with you.
Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the
distinguished gentleman from New Jersey (Mr. Garrett).
Mr. GARRETT of New Jersey. Mr. Chairman, I want to stand and say I am
pleased today that the rule will provide one amendment that Chris Shays
from Connecticut and myself also brought to the committee yesterday,
but I also want to take this 1 minute to say that I had been hopeful
that we could have had a vote on another amendment which would have
delayed the FAA's New York-New Jersey-Philadelphia airspace redesign
until a further study could have concluded.
You see, Mr. Chairman, the air routes, in an attempt to cut delays,
means that thousands of residents will be exposed to new levels of
aircraft noise and pollution. There is great concern in townships
throughout my district that these new routes will negatively impact
upon the quality of life.
The FAA claims to have looked into alternative options to decrease
airline delays, but all those options dealt with changing the design of
the airspace and reroutes over quiet neighborhoods; yet the FAA has
admitted that many of the frustrating delays are caused not by airplane
congestion but by airline overscheduling. The amendment that
unfortunately did not come out of Rules would have required that the
FAA look into those matters before
[[Page H10640]]
proceeding. But, again, I am appreciative of the fact that what did
come out of Rules, an amendment that we will be discussing a little
later on to allow for further studies by the GAO.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Kentucky (Mr. Chandler), speaking on behalf of the
Committee of Science and Technology, and thank them for their
contributions to the legislation. Their role is the research and
development portion of FAA's operations, and they made a significant
and very healthy beneficial contribution. The gentleman from Kentucky
will speak on behalf of the Committee.
Mr. CHANDLER. Mr. Chairman, I thank the chairman, the gentleman from
Minnesota, for all his good work on this bill. We think it is an
excellent bill. And I thank the chairman of the subcommittee, the
gentleman from Illinois, for all of his good work.
I rise today to express the support of the Science Committee for this
bill. I am especially pleased that this legislation includes the FAA
Aviation Safety Research Assessment Act, which I introduced this past
June. This bill is now section 913 of H.R. 2881.
Aviation safety is extremely important to me, particularly after the
tragic Comair crash that occurred in my own district in Lexington,
Kentucky last August, which saw 49 dearly loved people lose their
lives.
The Comair crash made it clear that improved safety measures are
needed to save lives. Section 913 calls for an independent assessment
of the FAA's aviation safety-related research programs, in particular,
those that focus on preventing runway incursions and lessening air
traffic control workloads.
The NTSB's investigation of the Comair crash brought to light several
safety advisories that were not being followed, including the FAA's
recommendation that two controllers should have been in the tower
instead of one.
Repeatedly, I have called for enhanced safety measures, better
staffing, and improved working conditions for our air traffic
controllers. Thankfully, this bill provides funding for air traffic
control equipment and facility upgrades, and also includes language
that would send the National Air Traffic Controllers Association and
the FAA back to the negotiating table.
Furthermore, the bill provides $42 million for runway incursion
reduction programs, $74 million for runway light improvements, and
requires the FAA to implement systems to alert controllers and flight
crews of potential runway incursions.
This is precisely the type of safety technology that we need to
prevent these tragedies, and I thank the gentlemen for all of their
good work.
Mr. OBERSTAR. Mr. Chairman, may I inquire of the time remaining on
both sides?
The Acting CHAIRMAN (Mr. Meeks of New York). The gentleman from
Minnesota has 17\1/2\ minutes. The gentleman from Florida has 14\1/2\
minutes.
Mr. MICA. Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, at this time I yield myself 2\3/4\
minutes and recognize the distinguished gentleman from Michigan, the
dean of the House, Mr. Dingell.
Mr. DINGELL. Mr. Chairman, I accept the time with thanks to my
beloved friend from Minnesota for whom I have enormous affection and
respect.
Mr. Chairman, southeastern Michigan is the home for two major
airports that accommodate large amounts of air and cargo traffic,
Detroit Metro and Willow Run Airport.
Southeast Michigan has made strong efforts to develop an aerotropolis
between the two airports, and we meet all of the tests that would be
required for this, including rail, truck, highway, water, and other
kinds of access. We believe that these would be very useful in
establishing an intermodal access program which would complement these
efforts by facilitating the many public transit plans in southeast
Michigan.
I request at this time the assurance of my beloved friend, the
chairman of the subcommittee, that he will be helping us on this, and I
assure him that I will be requesting the assurance of the chairman of
the Wayne County Airport Authority that he will cooperate fully in
giving priority consideration to this matter to move it forward.
I would now yield to the distinguished gentlewoman from Michigan
(Mrs. Miller) who has been so active in this matter.
Mrs. MILLER of Michigan. Mr. Chairman, Detroit Metropolitan Airport
is a prime candidate for both an aerotropolis and participation in this
program due to its importance as the Midwest jumping off point to
Southeast Asia, as a world-renowned manufacturing center, and as an
international highway crossroads. At its peak, the aerotropolis could
create up to 60,000 jobs for southeast Michigan.
I would also request the support of the chairman in assuring that
Wayne County Airport Authority receives priority consideration under
section 114, and I thank the gentleman from Michigan, the dean of the
House, for the time.
Mr. DINGELL. I yield now to the distinguished gentlewoman from Texas
(Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. I thank the gentleman from
Michigan for yielding.
The Federal Transit Administration recently approved a $700 million
Full Funding Grant Agreement for the construction of a new Dallas area
rapid transit rail line that will provide access to the vicinity of
Dallas Love Field Airport, not direct access to the main terminal. So
to remedy this connection lapse, the city of Dallas and the Council of
Governments have committed some funding, but the city has a strong
desire to use PFCs to cover the remainder of the cost.
I respectfully ask the distinguished chairman to work with me to
ensure that Dallas Love Field Airport receives priority consideration
for the program outlined in section 114 of the bill.
Mr. DINGELL. Whatever time I have remaining, I yield to my beloved
friend from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I assure the gentleman from Michigan, the
gentlewoman from Michigan, and the gentlewoman from Texas that these
projects are of great importance. They are examples of the type of
projects we envisioned when we crafted section 114. Dallas Love Field
and Wayne County Airport Authority are well suited to participate in
the pilot project, and I would urge FAA to give consideration to both
applications.
Mr. DINGELL. I thank my good friend.
Mr. MICA. Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes, and yield to
the distinguished gentleman from California (Mr. Waxman).
Mr. WAXMAN. I thank Chairman Oberstar for yielding to me.
I am rising out of concern about a serious safety problem at the
Santa Monica General Aviation Airport in my congressional district.
The Santa Monica Airport is a unique facility. It was built in 1922
and has no runway safety areas which are now required by the FAA to
enable a safe landing in the event that an aircraft overshoots the
runway or fails to lift off.
The airport's single runway is bordered by steep hills, public
streets, and densely populated neighborhoods, with homes as close as
250 feet from the runway. As traffic has increased, so have concerns
that any plane overshooting the runway would be at great risk of
landing in the neighborhood.
For more than 7 years, I have worked with the City of Santa Monica
and the Airport Administration to push the FAA to address this serious
safety problem. Regrettably, the FAA has been unwilling to take
meaningful action. The FAA recently issued a final decision to permit
only minor runway changes that are far below FAA standards and would do
little to change the status quo.
I want to ask Chairman Oberstar to work with me and the FAA to find a
solution that is consistent with FAA design guidelines for the Santa
Monica Airport and adequately addresses the safety needs of all
aircraft categories that use the airport.
Mr. OBERSTAR. I thank the gentleman for raising that issue. Lack of a
runway safety area on an airport is a critical gap, a serious gap in
the safety features of an airport, and I assure the gentleman we will
invite the Santa Monica Airport Authority, with the gentleman's
participation, and the Office of Airports of FAA to come in to
[[Page H10641]]
have a discussion about the safety needs of this airport and funding
them within the airport's master plan into the future.
Mr. WAXMAN. I thank you for your willingness to try to bring us all
together. I just want to emphasize that time is of the essence here. We
need to do all we can to make operations at Santa Monica Airport safer
for the pilots, passengers, and people on the ground. We may need
legislative changes in that regard.
Mr. MICA. Mr. Chairman, I yield myself 30 seconds.
I just want to add to the colloquy, and pledge to the gentleman from
California that I look forward to working with the Chair of the full
committee to address the safety issues of the Santa Monica Airport that
you have raised here before the House today.
So you have our commitment on this side of the aisle. It is a safety
issue, and we appreciate the gentleman bringing this matter before the
House and we assure again our cooperation.
I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 2\1/2\ minutes to the
distinguished gentlewoman from New York (Mrs. Lowey).
Mrs. LOWEY. It is my pleasure to thank our distinguished chairman,
Mr. Oberstar, for your expertise on these very important issues.
On September 11, 2001, American Airlines Flight 11 flew directly over
New York's Indian Point Nuclear Facility on its way to the World Trade
Center.
{time} 1215
One year later, a taped interview on al-Jazeera indicated that al
Qaeda initially planned to include a nuclear plant as one of its
targets. The Indian Point nuclear power plant is less than 50 miles
from New York City.
The FAA's post-September 11 no fly zone around the plant was lifted
in November 2001. Since that time, I've worked with my Hudson Valley
colleagues to protect Indian Point from any potential terrorist threat,
including calling for a no fly zone around the facility.
Will the chairman commit to working with me to ensure that both the
Department of Homeland Security and the Federal Aviation Administration
are protecting the airspace around this facility and protecting the
more than 20 million people who live near Indian Point from all
aviation threats?
Mr. HALL of New York. Will the gentlewoman from New York yield?
Mrs. LOWEY. It is a pleasure for me to yield to the gentleman from
New York (Mr. Hall).
Mr. HALL of New York. I thank the gentlelady and associate myself
with my colleague's remarks and thank her for her leadership.
Indian Point's location in the most populated, most targeted area of
the country, makes it absolutely critical that we take every step to
secure the plant. I would reiterate my colleague's question, and ask
the chairman if he would please work with us on this issue.
Mrs. LOWEY. Reclaiming my time, I yield to the chairman of the
committee, the distinguished chairman of the Committee on
Transportation and Infrastructure.
Mr. OBERSTAR. I thank the gentlewoman for raising this issue, and the
gentleman from New York (Mr. Hall) as well. This is a matter of very
great concern, and you've raised a matter of national security
significance.
The FAA does have administrative authority to declare a no fly zone,
but would do so in this situation, in cooperation with the Department
of Homeland Security to identify the threat, establish the need for
restrictions on aircraft operations, and the FAA would then issue the
order. I pledge to the gentlewoman and to the gentleman that we'll
bring both Departments, Transportation and Homeland Security, together
with the delegation from New York to discuss this matter and to do so
in a bipartisan fashion, because there are Republican Members who have
asked about this matter as well, and begin the process, orderly and
appropriately, of designating a no fly zone.
Mr. MICA. Mr. Chairman, we have a distinguished Member from Tennessee
on the other side of the aisle who needs some time, and we have some
extra time, so I'm pleased to yield 2\1/2\ minutes to the distinguished
gentleman from Tennessee (Mr. Cohen) and welcome his commentary.
Mr. COHEN. Mr. Chairman, I thank the ranking member.
I rise in support of H.R. 2881, the Federal Aviation Administration
Reauthorization Act of 2007, which would authorize $66 billion for
Federal aviation programs.
This legislation would provide for the Airport Improvement Program,
for FAA facilities and equipment to accelerate the implementation of
NextGen, which will enable the FAA to replace and repair existing air
traffic control facilities and equipment, as well as to provide for the
development of high priority safety-related systems.
I must say, however, Mr. Chairman, that I'm extremely disappointed
that this legislation includes language that would abolish 80 years of
legislative and legal precedent by allowing FedEx Express workers to
unionize under the National Labor Relations Act, as opposed to the
Railway Labor Act which has traditionally covered all airline
employees. And the Ninth Circuit United States District Court in
California has reemphasized that, and it's the law of the land.
FedEx Express is the largest employer and economic driving force of
the city of Memphis, which is predominantly the Ninth Congressional
District, which I represent.
This provision raises a number of questions and concerns regarding
the consequences of this precedent for other carrier employees and
employers, and it could have been addressed during a hearing on the
subject. Unfortunately, in a marked departure from T&I Subcommittee's
normal practice, no hearings were held on this issue.
Mr. Chairman, I speak in opposition to FedEx Express language, not as
an opponent of workers' rights to collective bargaining, but as an
advocate of what I believe are the best economic interests of
Tennessee's Ninth Congressional District and this Nation, which needs a
steady stream of interstate commerce provided through the Railway Labor
Act.
However, I signed on as an original cosponsor of this legislation
because I support the vast majority of its provisions, including the
language added by Aviation Subcommittee Chairman Costello, which
provides for consumer rights, environmental and noise concerns, safety
issues and flight attendant, air traffic controller and pilot work
conditions.
Mr. Chairman, I would like to thank the committee chairman and the
Aviation Subcommittee chairman, as well as the committee ranking
members for their hard work on this bill in bringing together an
effective measure that includes input from a great number of expert
stakeholders across the airline industry. The overall content of this
bill is sound, and I believe the few provisions about which I remain
concerned will be addressed in the conference.
I urge my colleagues to support this measure.
Mr. COSTELLO. Mr. Chairman, at this time I would yield 2 minutes to
the distinguished gentlelady from Florida (Ms. Corrine Brown).
Ms. CORRINE BROWN of Florida. Mr. Chairman, I want to thank Chairmen
Oberstar and Costello and Ranking Members Mica and Petri for their hard
work in bringing this bill to the floor. This bill could not come at a
better time for the traveling public.
Airlines on-time performance is at its lowest rate since the
Department of Transportation began keeping records in 1995. And this is
happening at the same time that the Department of Transportation is
predicting a tripling of passenger and cargo by 2025. This is why we
need this bill passed so we can provide funds for increased capacity,
safety enhancements, and overall system improvements.
This bill addresses an important issue in my district by preserving
the Military Airport Program, MAP, as a set-aside within the Airport
Improvement Program. The MAP program provides critical support to those
communities which have been given the responsibility of converting
closed military bases to civilian use. The participation of the Cecil
Field Airport, which is just outside of Jacksonville, is a prime
example of how this program can successfully translate former military
airfields to commercial service that, in turn, have strengthened the
Nation's aviation system and, in the case of
[[Page H10642]]
Cecil Field, also continues to include uses by the Air National Guard
and Reserve units, making this a win-win for the community and for the
military.
MAP grants also support projects that are generally not eligible for
AIP funds, but which are typically needed for successful civilian
conversion such as surface parking lots, fuel farms, hangars, utility
systems, access roads, and cargo buildings.
Again, I want to thank the chairman for guiding this bill to the
floor, and I would encourage my colleagues to support this legislation.
Mr. MICA. Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Oregon (Mr. DeFazio), Chair of the Surface
Transportation Subcommittee.
Mr. DeFAZIO. Mr. Chairman, the administration proposed a punitive fee
structure aimed at the heart of general aviation; and, ironically, they
would have decreased the funding needed for an already congested and
overburdened system.
This bill gets us the investment we need to deal with congestion, to
deal with the Next Generation air traffic control. It would allow us to
partner with the airports who need to deal with their problems through
an increase in passenger facility charge. It has fair treatment for the
most critical component of the people who keep us alive, the air
traffic controllers of America who are being demeaned by petty work
rules by this administration and having their pay cut.
It gives long overdue protection to cabin flight attendants and the
passengers who fly in those cabins in terms of workplace health and
cabin safety. It has critical consumer protection for the first time,
something that's been ignored for years here on the Hill under the
Republican leadership.
It will provide security for overseas repair. Most Americans would be
shocked to know that people, we don't know who they are, overseas are
doing the majority of heavy work on our airplanes. This bill would
begin to turn that around. And this bill does much, much more.
Congratulations to the committee on their great work.
Mr. MICA. Mr. Chairman, I yield myself 1 minute and say I have the
greatest respect for the gentleman who just spoke, but I think the
facts are a little bit different on cutting the air traffic
controllers' compensation. This chart, in fact, shows an 81 percent
salary increase since 1998.
Unfortunately, also, there's a disparity now of almost 40 percent
between air traffic controllers and other FAA employees in what they
receive as far as increases. So that just doesn't jibe with the facts.
And I have the respect of the air traffic controllers, and they should
be adequately compensated, and I'll support that. But we can't do an
unprecedented reach-back and try to do something that's not fair to
everyone.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, I rise in support of this bill which
contains many excellent provisions. But I would like to thank Chairman
Oberstar and Subcommittee Chairman Costello, in particular, for
including in the manager's amendment two provisions that are
particularly important to me.
The first requires the FAA to conduct a study to determine if
temperature standards are necessary to protect crew members and
passengers from excessive heat on board aircraft. We've all heard the
news reports about passengers on planes grounded for hours sometimes in
the heat without fresh air and necessary supplies.
The Association of Flight Attendants reports that many crew members
have had to work in dangerously high temperatures during ground
operations for long periods of time with no ability to obtain relief.
Now, this is not just a matter of discomfort. Heat-related illness
can be severe, can even lead to death, particularly for sensitive
populations.
My first inclination was to require that the temperature in the
aircraft must not exceed 80 degrees during ground operations, but
various operational issues make it clear that such a requirement would
be premature. I hope that this study will inform Congress of what
options are available to us and that it will force the FAA to take
seriously this serious problem.
The second provision would mandate the FAA to complete a study of the
cabin air quality that we required in the last FAA reauthorization bill
passed in 2003. Aircraft in the current commercial fleet are equipped
with air circulation systems that bleed air off the engines and are
subject to contamination of the air by engine oil and hydraulic fluids.
We continue to hear reports from crew members and passengers who have
developed long-term neurological problems after documented exposure to
oil smoke in the cabin or on the flight deck. In the last
reauthorization bill, we included a study to sample and analyze the air
on board the cabin aircraft. Unfortunately, the FAA never completed the
study.
My preference, again, would be to set standards for cabin air quality
now or to require that aircraft use certain filters that can clean the
outside air more efficiently. But every time we raise this issue, we
hear that the problem has not been properly documented. It is time, and
this bill requires that the FAA complete this research.
I would like to thank Mr. Oberstar and Mr. Costello for their support
of these provisions and for including them in the manager's amendment.
I look forward to working with my colleagues to advance these critical
workplace and consumer protections, so that people can breathe the air
and not faint from the heat. And I urge support for this bill.
Mr. MICA. Mr. Chairman, I would like to yield, at this time, 3\1/2\
minutes, and ask also the Chair of the full committee, Mr. Oberstar, if
he would join me in this time as I yield to Mr. Garrett for the purpose
of a colloquy.
Mr. GARRETT of New Jersey. Mr. Chairman, I thank the Chair and I
thank the ranking member and I thank the chairman as well for this
opportunity to engage in this colloquy. I'd like to thank my friend
from Florida for your advice and your assistance on this matter with
regard to the New Jersey and New York airspace redesign.
The gentleman from Florida (Mr. Mica) knows the issue firsthand
because he has traveled up to New Jersey last year and knows of its
importance as a top concern for the residents of north Jersey.
I need to reiterate my concerns with the FAA's record of decision-
making regarding this design plan. The alternative chosen by the FAA
will reroute planes over areas that used to be quiet communities in an
effort to reduce delays and air congestion. But because of this,
thousands of residents in north Jersey will soon have planes flying
over their homes for the first time ever. And these citizens are
justifiably concerned that the increase in noise and pollution and
affecting their quality of life will be negative.
Just recently, over 1,400 of these concerned citizens showed up at an
FAA meeting to make their concerns known to the design plan.
Unfortunately, the FAA did not listen to their concerns and they
published their record anyway earlier this month. The FAA chose this
plan because they believe it will achieve their goal of reducing
delays. Despite all attempts by myself, other colleagues, local
officials, there was no attempt at all to balance this goal with the
needs of the citizens of the area. There was also no attempt to
consider other factors such as airline overscheduling and the size of
the planes flying in and out of the area.
{time} 1230
Only air routes were studied.
I understand that the legislation we have before us today attempts to
deal with the problem of overscheduling, and it would be my hope that
the FAA will continue to review the New Jersey airspace issues with an
eye towards these less-intrusive solutions to the delay problems.
I would appreciate, then, the support and assistance of the chairman
and the ranking member to determine if there are other practical steps
that can be taken to decrease the noise and, therefore, to increase the
quality of life that this will incur.
I yield now to the gentleman from Florida.
[[Page H10643]]
Mr. MICA. Mr. Chairman, I appreciate the gentleman from New Jersey's
concern. Mr. Garrett has been a tireless advocate on behalf of his
constituents and he faces a difficult time, as does Mr. Shays from
Connecticut. I have been in both of their districts and talked to the
constituents, and as FAA moves forward, he has my commitment, during
this colloquy and after this colloquy, to work with him to try to
encourage FAA to see what we can do to minimize the impact on his
constituents.
Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
Mr. GARRETT of New Jersey. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman from New Jersey for
raising the issue. Mr. Garrett's right on.
Mr. Sestak from Pennsylvania, Mr. Hall from New York, Mr. Shays from
Connecticut, obviously this is a bipartisan, nonpartisan issue. It's a
widespread concern.
You have my assurance that I will talk to the FAA, will talk to GAO,
ask them to accelerate the work on their report, and GAO's findings
need to be reviewed prior to the redesign of the airspace.
Mr. GARRETT of New Jersey. Mr. Chairman, I thank the chairman for his
assistance. As indicated before, this is extremely important to our
districts. We are completely frustrated over the months with the FAA
for their lack of response, lack of consideration for alternative
methods, and I appreciate that. We look forward to the amendment later
on today with regards to the GAO report that will finally put the
information right before the FAA. They can't look any other way. They
haven't listened to our constituents. Maybe they will listen to the GAO
report, and I am sure, absolutely sure, that they will listen to the
chairman and the ranking member.
Thank you again for your assistance.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Pennsylvania (Mr. Sestak).
Mr. SESTAK. Mr. Chairman, I appreciate the support of the chairman
and ranking member.
For the past 10 years, the FAA has been working on the New York/New
Jersey/Philadelphia metropolitan area airspace redesign project. In the
time that I and Representative Andrews from New Jersey have been
working on this issue, it has become increasingly clear to us that the
process by which it was conducted is deeply flawed. We are gravely
concerned that the FAA has failed to conduct an accurate cost-benefit
analysis that takes into account the full cost of this project,
including social costs such as the impact of noise on the educational
development, health, safety, and property values to dense residential
communities, including many in Delaware County in my congressional
district, as well as Camden and Gloucester Counties in Representative
Andrews' congressional district.
As the 2005 Department of Transportation Inspector General report and
as former FAA Administrator Marion Blakely indicated to us, the cost
effectiveness and operational efficiency gained by the airspace
redesign is still largely unknown, and, quite frankly, ``the juice is
not worth the squeeze.''
I would like to thank my colleagues Chairman Oberstar and Chairman
Costello for supporting a Government Accountability Office study to
provide a comprehensive assessment of the New York/New Jersey/
Philadelphia metropolitan area airspace redesign, including its cost,
schedule, estimate reliability, environmental impact, and lessons
learned for improvement. This is particularly important since GAO
provides an independent cost-benefit analysis of this plan.
Mr. MICA. I continue to reserve the balance of my time, Mr. Chairman.
Mr. OBERSTAR. Mr. Chairman, at this time I yield 1 minute to the
distinguished gentleman from California (Mr. Thompson).
Mr. THOMPSON of California. Mr. Chairman, I would like to thank the
chairman and subcommittee chairman, Mr. Oberstar and Mr. Costello, and
their staff for the good work they did on this bill, but, more
specifically, for including provisions from my passengers' bill of
rights legislation into the manager's amendment, which will become part
of the bill.
These provisions are going to set a standard that will ensure the
flying public will be treated appropriately when they experience
delays. It will require a deplaning plan and standard. And when delayed
on the tarmac, it will ensure that these folks have clean and safe
water, proper air circulation, and clean and working restrooms.
This is a great success for the flying public, and I want to thank
everyone for making this happen. But I want to remind everyone that our
job is not done. We are going to have to continue to provide the
oversight to ensure that the airlines and Department of Transportation
do their jobs and that these provisions do, in fact, provide the
protections that these people flying deserve.
So thank you very much, and I look forward to voting in favor of this
bill.
Mr. OBERSTAR. Mr. Chairman, if the gentleman would yield, I thank the
gentleman for his contribution. It has been a very substantial one.
Mr. MICA. Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Lipinski).
Mr. LIPINSKI. Mr. Chairman, I am in strong support of this bill and
commend Chairman Oberstar and Chairman Costello for their work on this
bill and Ranking Members Petri and Mica for their work.
This is a very important bill for modernization and safety
improvements, which are critical, and also passenger rights.
I also want to speak about three specific provisions. I would like to
thank the chairman for working with me on two provisions to invest in
R&D for new, cleaner fuels in aviation.
The first is a provision for an FAA Center of Excellence focused on
alternative jet fuel research and development, as we work to address
global warming and cut down on our use of foreign fossil fuels.
Second, R&D funding for alternative avgas for piston engine planes.
Piston engine planes currently use leaded gas. It's important that we
work to find an alternative. I want to thank Chairman Gordon also for
working with me on that in the Science Committee.
And, third, I'm pleased with the inclusion of report language on the
Qualification Based Selection process for PFC-funded airport projects.
I look forward to working with the big four on this issue as the bill
moves forward in conference.
I urge support for this legislation.
Mr. MICA. Mr. Chairman, I continue to reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from New York (Mr. Arcuri).
Mr. ARCURI. Mr. Chairman, I thank the chairman for allowing me the
opportunity to discuss this vital economic development issue for
Upstate New York.
Chairman Oberstar, thank you first for your leadership on the
Transportation and Infrastructure Committee and for bringing forward
this bill.
As you know, this past February GAO reported that the very unique
airport which is closest to our Nation's capital, National Airport, is
underutilized. In fact, the GAO reported that National Airport is the
least congested airport of the top 30 in the Nation.
Residents of my Upstate New York district want to continue visiting
our Nation's capital for business or pleasure at a reasonable airfare.
However, because a very few airlines control the vast majority of
landing and takeoff slots at National, that is artificially limited.
Mr. Chairman, like all of my colleagues, I appreciate your strong
leadership and guidance on aviation issues and your genuine concern for
regional interests. I therefore respectfully request that you strongly
consider adopting findings of GAO's conclusive report and increase
flying at National Airport by a very modest two round trips per hour so
that new competition can be added, so that fares can be decreased.
The Acting CHAIRMAN. The time of the gentleman from New York has
expired.
Mr. OBERSTAR. Mr. Chairman, I yield myself 15 seconds.
I want to express appreciation to the gentleman for raising this
issue and for his forbearance as we work through the legislative
process.
[[Page H10644]]
The GAO report is on the mark. The gentleman's concerns are right. We
will work with him and with all of our colleagues who depend on
National Airport to increase capacity at that airport.
Mr. MICA. Mr. Chairman, could I inquire about the remaining time on
both sides?
The Acting CHAIRMAN. The gentleman from Florida has 7 minutes
remaining, and the gentleman from Minnesota has 45 seconds remaining.
Mr. MICA. Mr. Chairman, I believe the gentleman from Minnesota has
the right to close. He deserves more than 45 seconds. I would like to,
at the appropriate time, yield him 45 additional seconds, which would
give him 1\1/2\ minutes.
Mr. Chairman, I yield myself 1 minute at this time.
Just in closing for my part, again I want to thank the chairmen of
both the subcommittee and the full committee and our ranking member,
Mr. Petri, for their work.
And I said at the beginning, we have an obligation to move this
process forward. Mr. Petri and I are committed to that.
Now, we do disagree with some of the provisions that have been
incorporated into this measure. We will cast our votes in opposition.
But we are trying to move this forward. We have a responsibility. We
have an aviation system that is approaching a meltdown. We have an
increase in passengers, and we want the safest possible system. So in
that spirit we are going to move forward, and I hope that we can
improve the bill if we can get it to conference and if we can move
forward.
Mr. Chairman, with that pledge, I am pleased now to yield the balance
of my time to Mr. Petri minus the 45 seconds I allotted to the other
side.
The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for
5\1/4\ minutes.
Mr. PETRI. Mr. Chairman, I thank my colleague for giving me an
opportunity to again express my appreciation not only to him but to the
staff and to the chairman of our committee, Mr. Oberstar; the chairman
of the subcommittee, Mr. Costello; all the members as well as members
in the leadership of what is called powerful Ways and Means Committee
around here and the Science Committee for their contribution to this
bill.
The fact of the matter is that we have approached the bulk of our
work in a strong bipartisan way. We worked on the underlying bill in
that spirit. Unfortunately, there are several provisions that are
controversial and would impede our ability to actually get work through
the whole process and signed by the President that were added in the
full committee. But let there be no doubt that our country needs to get
this legislation passed to accommodate new investment in our aviation
system.
We are at the brink of rolling out a new generation of technology to
accommodate the growth, to increase efficiency and safety in that
system, be it a 15-, 20-, maybe 25-year multimillion dollar system.
Doing that will increase the capacity of the system. We will maintain
America's lead in aviation on a global basis and having that framework
in place so that the administrators and the industries involved can
plan with reduced uncertainty, which is very, very important. We are
already late with this legislation. The current program is scheduled to
expire at the end of this month. We will probably be doing a short-term
extension. But we do need a reauthorization to proceed in a way that
can be brought to a successful conclusion and signed by our President.
And we look forward to working through the process with our colleagues
on the other side of this building and on the other side of this aisle.
I thank the gentleman for yielding.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
I thank the gentleman from Florida for yielding a few additional
seconds to close.
This has been, all through the hearing process, an open and inclusive
process that we conducted in the best tradition of the Committee on
Transportation and Infrastructure. We appreciate the participation of
the members on the Republican side. Mr. Mica has given a considerable
amount of his time from all the other issues that we have to deal with
in committee. The gentleman from Wisconsin has been a quick learner and
a very astute participant in both the hearings and the markup process.
And the gentleman from Illinois (Mr. Costello) has really put his arms
around the subject of aviation, mastered the issues, and brought forth
an extraordinary piece of legislation that will serve aviation well and
serve the Nation well out into the future.
Yes, we have disagreement principally on two issues, and we have been
open and candid about that right from the outset. We have worked
cooperatively, bipartisanly to try to resolve the air traffic
controller issue. Both parties seemed irreconcilable. We have created a
process in this legislation by which the air traffic controller issue
can be resolved with an arbitration process.
{time} 1245
And I think that's in the best interest of the Nation.
As we go forward from here, I look forward to the amendments that
will be forthcoming, and I think in a very constructive manner we can
conclude the action on this bill today.
Mr. HOLT. Mr. Chairman, I rise today in support of the Federal
Aviation Administration Reauthorization bill of 2007, H.R. 2881.
This summer's record delays at many of our Nation's airports have
made it evident that our air traffic control system is in desperate
need of reform. According to the FAA, 25 percent of flights arrived
late, nearly 3 percent of flights were cancelled and customer
complaints doubled since last year. My central New Jersey constituents
who use Newark Liberty International Airport suffer from the worst
delays in the country with only 55 percent of flights arriving on time.
The legislation before us today will give the FAA the tools it needs
in order to reduce these delays and help increase flight safety. It
will provide the much needed funding to modernize our aging air traffic
control system and to strengthen and rebuild airport infrastructure. It
will require the FAA to meet with airport officials and airlines to
ensure flight reductions in areas where over-scheduling is causing
chronic delays. This bill will make sure that there are the adequate
consumer protections in place to protect our Nation's airline
passengers.
Few of us have forgotten the February 14, 2007 and December 29, 2006
incidents where hundreds of airline passengers were held on tarmacs for
up to 10 hours in appalling conditions. These passengers were held in
planes with foul air, backed up toilets, little food and water, and no
information. The legislation before us today will ensure that these
situations will be avoided in the future.
H.R. 2881 requires airlines and airports to have emergency
contingency plans to take care of passengers that are involved in long
tarmac delays. Through these plans it will mandate that these
passengers have access to food, water, clean restrooms, medical care
and requires that passengers are allowed to deplane. It also requires
the Department of Transportation to enact regulations that will require
airlines to fairly compensate passengers whose flights are cancelled.
These commonsense protections will make sure that the airlines respect
the basic needs and rights of passengers.
The Federal Aviation Administration Reauthorization bill of 2007
contains a number of other provisions which will improve the way that
our aviation industry operates. It will help protect our environment
through requiring the development of more efficient engines that
release less greenhouse gases into the air as well as directs the FAA
to develop more energy efficient routes. Our Nation's air traffic
controllers work long and stress-filled hours to ensure that we have
the safest air travel in the world. This bill ensures that the FAA will
be forced to come back to the contract negotiating table. It will also
increase the number of aviation safety inspectors by one third, require
the FAA to be more accountable, and improve the security of aircraft
repair stations.
I urge my colleagues to support the FAA Reauthorization bill of 2007.
Ms. BEAN. Mr. Chairman, as we debate H.R. 2881, the FAA
Reauthorization Act of 2007, I want to highlight a critical flight
safety and water quality issue--glycol recovery. As airports work to
comply with existing and future stormwater requirements under the Clean
Water Act, there is a critical need to find a cost-effective means of
reducing the impact of deicing operations on water quality without
compromising safety. Glycol recovery vehicles are an available, cost-
effective solution that provides superior environmental protection.
In its Source Water Protection Bulletin regarding airport deicing,
the EPA states that ``vacuum vehicles are a cost-effective alternative
to installing traditional drainage collection systems or deicing
pads.'' In addition, glycol recovery vehicles reduce airport delays by
[[Page H10645]]
allowing deicing to occur at the gate rather than requiring planes to
travel through a deicing facility.
Unfortunately, there appears to be confusion among the airports as to
whether the purchase of glycol recovery vehicles is an eligible expense
under the AlP. I have been advised by the FAA that glycol recovery
vehicles are currently eligible for purchase using AlP funding under
existing statutory authority. However, despite this interpretation, FAA
grant summaries show that over the last 7 years, there has been only
one case where a glycol recovery vehicle was purchased using AlP funds
and that was classified as snow removal equipment.
In order to confirm that glycol recovery vehicles are in fact
eligible for AlP funding, I joined Aviation Subcommittee Chairman Jerry
Costello and Representative Timothy Johnson in sending a letter to FAA
Acting Administrator Sturgell. Our letter dated September 20, which I
will submit to the Record, asked for a response in writing describing
the means by which airports have been informed that glycol recovery
vehicles are eligible for AlP funding, as well as actions that the FAA
plans to take in the future to inform airports of such eligibility.
I want to thank my colleagues for their support and look forward to a
prompt response from the FAA.
Congress of the United States,
Washington, DC, September 20, 2007.
Hon. Robert A. Sturgell,
Acting Administrator, Federal Aviation Administration,
Department of Transportation, Washington, DC.
Dear Acting Administrator Sturgell: As Congress continues
the process of reauthorizing the Federal Aviation
Administration (FAA), we are seeking clarification of our
understanding that glycol recovery vehicles are eligible for
Airport Improvement Program (AIP) funding. Unfortunately,
there appears to be confusion among the airports as to
whether their purchase of glycol recovery vehicles is an
eligible expense under the AIP. We have been advised by the
FAA that such vehicles are currently eligible for purchase
using AIP funding under existing statutory authority. We
concur and respectfully request that you respond to this
letter in writing describing the means by which airports have
been informed that glycol recovery vehicles are eligible for
AIP funding, as well as actions that the FAA plans to take in
the future to inform airports of such eligibility.
As you are aware, aircraft and runway deicing operations
are a critical element of aviation safety. Currently, glycol-
based aircraft deicing fluid is the most widely used
technique for maintaining Federal Aviation Administration
(FAA) deicing safety standards. However, glycol runoff, if
not contained, can pose a significant threat to water
systems. In its Source Water Protection Bulletin regarding
airport deicing, the Environmental Protection Agency states,
``Vacuum vehicles are a cost-effective alternative to
installing traditional drainage collection systems or deicing
pads.'' In addition, glycol recovery vehicles can reduce
airport delays by allowing deicing to occur at the gate
rather than requiring planes to travel through a deicing
facility.
Therefore, as airports work to maintain these safety
standards and protect water quality while performing deicing
operations, we believe it is important that they be made
aware of all tools available for funding through the AIP.
Glycol recovery vehicles are one of these tools and are an
available, cost-effective solution that provides superior
environmental protection.
Thank you in advance for your prompt action to clarify
confusion among AIP users as to the eligibility of glycol
recovery vehicles.
Sincerely,
Jerry Costello,
Chairman, Aviation Subcommittee.
Melissa L. Bean,
Member of Congress.
Timothy Johnson,
Member of Congress.
Ms. NORTON. Mr. Chairman, the Nation's aviation system is in crisis.
Delays have reached the highest levels in 13 years and the air traffic
control system is groaning under the weight of a system based on 1950s
technologies. The Federal Aviation Administration Reauthorization Act
of 2007 takes the first steps towards reducing these delays, improving
airport infrastructure and creating a satellite-based air traffic
control system. I want to thank Chairman Oberstar and Subcommittee
Chairman Costello for their leadership in bringing this bipartisan
legislation to the floor.
In 1986 Congress granted ``full power and dominion over, and complete
discretion in, operation and development of the Airports'' to a
regional authority. In return the District of Columbia, Maryland and
Virginia agreed to take operational control and have raised more than
$3 billion to modernize National and Dulles airports. All agree that
the regional authority, the Metropolitan Washington Airport Authority,
has done an excellent job. However, FAA Reauthorization legislation is
almost always dogged by attempts, usually in the Senate, to increase
flights outside the perimeter and inside the perimeter for Reagan
Washington National Airport. MWAA has balanced concerns of safety,
security and efficiency at these airports. National has avoided some of
the delays that plague other airports and served the region in a
comprehensive way, while Dulles has thrived as an international and
national hub. We must allow professionals to do what only professionals
are equipped to do.
As the only regional member of the Aviation Subcommittee I have
argued to maintain the current perimeter and slot system and thank both
Chairman Oberstar and Subcommittee Chairman Costello for supporting me
and the region. Regional members and I have been successful in keeping
amendments from being brought today and now it is time for Members to
cease interfering for their own convenience.
The current reauthorization legislation shifts some outside-the-
perimeter slots to better times and offers the slots to new entrants at
National. This reordering of slots could increase competition and
entice low-cost carriers to National, an airport where current airlines
command a premium disadvantaging residents of the region. I hope that
new entrants will help this region obtain quality low-fare carriers at
National Airport for residents of the District of Columbia and the
region who use National but are priced out of the major destinations
inside the perimeter such as New York, Miami and Boston.
Other unfinished business of the Transportation and Security
Administration that affects the FAA at National Airport still remains
at National. Before 9/11 National averaged 600 general aviation/charter
operations a week. However, since the new security program initiated in
October 2005 only 200 general aviation aircraft have flown into
National. The requirements of this security program have been unduly
burdensome, while at other New York airports, general aviation has
returned to its previous levels.
The Aviation Subcommittee will hold hearings on this issue so we can
continue to work with MWAA on a balanced approach that will benefit the
region and the country.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in strong
support of H.R. 2881, the Federal Aviation Administration
Reauthorization Act of 2007. This important legislation would usher in
important modernizations to our Nation's aging air travel system,
bringing air travel in a new direction while making important safety
improvements.
Mr. Chairman, after 9/11, we feared that tragedy would lead to large-
scale declines in air travel. Six years later, airline traffic is
instead growing, but with this boom have come some negative
consequences for passengers. Key among these have been airline delays:
The first half of 2007 saw record high numbers of airline delays.
Through July, over one-quarter of all flights were delayed, and over 6
percent of flights arrived more than 1 hour late. Projections indicate
this problem is likely only to get worse, with numbers of passengers,
operations, and cargo expected to triple by 2025.
We need to invest now to improve our Nation's air-travel
infrastructure. Even more critical than these increasingly inconvenient
delays are the growing deficiencies in our aging air traffic control
systems. As chairwoman of the Subcommittee on Transportation Security
arid Infrastructure Protection of the Committee on Homeland Security, I
am committed to ensuring a maximum level of safety and security for
Americans traveling the skies. To this end, I believe that the
modernization of air traffic control and airport infrastructure needs
to be a higher priority.
This legislation recognizes this crucial need. It provides $13
billion to accelerate the implementation of the Next Generation Air
Transportation System. This program will enable the FAA to repair and
replace existing facilities and equipment, and will also make funds
available for implementing other high-priority safety-related systems.
In addition, this bill includes a fiscally responsible increase in the
general aviation jet fuel tax rate from 21.8 cents per gallon to 35.9
cents per gallon, and it increases the aviation gasoline tax rate from
19.3 cents per gallon to 24.1 cents per gallon. Crucially, the funds
secured by these increases will be dedicated to air traffic control
modernization.
Mr. Chairman, I believe that safety must lie at the heart of our
efforts to improve air travel. You cannot put a price on the value of
keeping American travelers safe. This legislation will make important
strides toward this important goal by increasing the number of aviation
safety inspectors by more than one-third. It will also strengthen
efforts to reduce runway incursions.
In addition, this legislation will increase accountability, by
requiring detailed plans for the Next Generation Air Transportation
System. It also authorizes GAO and Inspector General audits and
reports, which will help reduce cost overruns and delays in the air
traffic control modernization program.
Mr. Chairman, I support this legislation, and I am extremely pleased
that it will include the
[[Page H10646]]
amendment offered by my colleagues Mr. Lampson and Mr. Poe. This
amendment eliminates a 55 percent increase in passenger facility
charges, which are imposed whenever a passenger passes through an
airport. These taxes create a substantial financial burden on
travelers, particularly those who must pass through several airports in
transit. While I do not minimize the need for funds to improve airport
facilities, I believe there are far more equitable ways of obtaining
this funding.
Mr. Chairman, as we work to ensure funding for our Nation's vital air
transit system, I look forward to working with the airports to increase
contracting opportunities for minority-owned business. As airports
embark on important programs of improvement, I call on them to create
an even playing field, in which small- and minority-owned businesses
can compete for contracts.
Mr. Chairman, air travel is crucial to many Americans, who rely on
safe and rapid transit to conduct business, visit family, or take a
family vacation. With ever increasing strains on our air transit
system, this important legislation will take air travel in a new
direction--providing consumer protections for airline passengers,
modernizing infrastructure, improving safety, and reducing delays for
people and commerce, fuel consumption, and emissions that cause global
warming.
I strongly support this legislation, and I urge my colleagues to do
the same.
Mr. ENGEL. Mr. Chairman, I stand today in strong support of this
amendment.
This has been the worst year on record for air traffic delays. The
New York area, which I represent, has three major airports with some of
the worst delays in the Nation. Obviously, this situation must change.
This amendment would commission a study to determine how best to fix
these delays.
The FAA had a chance to commission such a study, but instead they
decided to take a unilateral, misguided approach to redesign the
airspace over thousands of residents in my Congressional District. The
FAA did this without consulting the very people whose lives would be
most affected.
A study should have been conducted years ago. I support reducing
delays, but we should first know if the FAA's actions will improve air
travel. It would be a mistake for the FAA to continue on this course
without knowing whether the airspace redesign would even reduce delays.
I urge my colleagues to support this amendment because today we are
affected, tomorrow you could be.
Mr. BACA. Mr. Chairman, I ask for unanimous consent to revise and
extend my remarks. I rise to express my strong support for H.R. 2881,
the Federal Aviation Administration Reauthorization Act.
The first half of 2007 has included the worst record in history for
airline delays. So far, more than one quarter of all flights this year
have been delayed. Yet, airline traffic is expected to grow at a rapid
pace--with a tripling of the number of passengers flying by the year
2025. H.R. 2881 is an important first step in addressing America's
transportation dilemma. It modernizes our aging air traffic control
system, and strengthens airport infrastructure to reduce delays and
improve safety. This bill provides the necessary funds to improve
America's airport infrastructure.
H.R. 2881 also includes critical consumer protections by creating a
Passenger Bill of Rights, which provides for emergency contingency
plans and greater oversight by the FAA into flight delays. In the area
I represent, southern California, flight delays and congestion are a
major problem. H.R. 2881 provides much needed reforms to help my local
airport, the LA/Ontario International Airport, improve its
infrastructure--so it may accommodate much of the expected increase in
air traffic for the area in the coming years.
These reforms will reduce delays, increase capacity, enhance
security, and promote new competition at Ontario airport and ultimately
help generate much needed economic development and job growth in my
district.
Mr. Chairman, H.R. 2881 is vital to modernizing America's air traffic
system, reducing flight delays, and ensuring our Nation is prepared for
the massive increases in number of flights we will see over the next
decade.
Again, I express my full support of this bill and urge my fellow
colleagues to adopt its final passage.
Mr. HALL of Texas. Mr. Chairman, research and development is
absolutely fundamental to the mission of the Federal Aviation
Administration, and the bill before us today includes a number of
provisions that will ensure the agency's R&D enterprise continues to be
robust and productive. Title I of H.R. 2881 reauthorizes the FAA's
Research, Engineering and Development program for 4 years at levels
that, for the most part, are consistent with the Administration's
request. The bill also contains a number of provisions specific to R&D
projects and activities, many of which are consolidated in Title IX,
but are also incorporated in other parts of the bill.
The Federal Aviation Administration is a unique federal enterprise
that is fully reliant on maintaining a highly sophisticated network of
communications, navigation, and surveillance facilities located at many
sites throughout this country. The FAA also regulates the design and
operation of the aircraft that fly within our airspace. Our national
airspace system, and the economic benefits that flow from it, would not
be possible without a well-funded research and development program and
a dedicated staff of scientists and engineers. Research results have
led to the development of a huge number of products that continue to
improve the safety, efficiency and capacity of our national airways
system and the planes that fly in it.
The Science and Technology Committee held oversight hearings early
this year in preparation for writing and reporting H.R. 2698, The
Federal Aviation Research and Development Reauthorization Act of 2007,
and just 3 months ago, on June 22, our committee reported the bill on a
voice vote. H.R. 2881 incorporates virtually all of the bill's
provisions, and for that, I want to extend my thanks to the leadership
and staff of the Transportation and Infrastructure Committee for their
willingness to work together on these important issues.
While there are a number of R&D provisions in this bill, in the time
remaining I want to highlight three programs. First and foremost, the
Joint Planning and Development Office (JPDO) is working to develop the
Next Generation Air Transportation System (NextGen) that is--and I say
this without any exaggeration--absolutely essential if we are to ensure
a vibrant and growing air transportation network. The current system is
at capacity and will not be able to accommodate future growth.
The JPDO is a unique federal collaboration originally authorized in
the R&D title of the Vision 100 legislation signed by the President
during the 108th Congress. It is led by the FAA and includes a number
of other federal agencies, and its role is to coordinate and manage the
research, development and implementation of technologies needed to meet
future capacity, safety, efficiency, and security requirements for our
national airspace system. H.R. 2881 strengthens management oversight
and accountability, and directs participating federal agencies to
assign a senior agency official to be specifically responsible for that
agency's role in the development and implementation of NextGen. It also
creates a more transparent budgeting process to help Congress determine
if the Administration is providing amounts needed and requested by JPDO
participating agencies. With regard to JPDO's budget, the bill before
us is silent on authorization amounts, leaving this and future
Congresses with the ability to fund the JPDO as needed. The fact is, at
this early stage of development, too little is known about NextGen's
cost and budget profile over the decade ahead to develop credible cost
estimates.
At the Administration's request, H.R. 2881 includes a new start
called the `CLEEN (Continuous Lower Energy, Emissions, and Noise engine
and airframe technology) research, development and implementation
partnership.' The goals of this program are to research and develop
technologies capable of significantly reducing emissions and noise
produced by turbine-powered aircraft, as well as increasing their fuel
efficiency. This legislation directs the FAA to coordinate its efforts
with NASA.
Finally, this legislation takes important first steps to allow for
the safe and routine operation of unmanned aircraft systems (UAS) in
our national airspace system. All of us know the important capabilities
provided by UAS systems in the Middle East. Here at home, these
aircraft will vastly improve our ability to monitor our borders, to
help communities recover from natural disasters, and take environmental
and land-use measurements. But first we need to develop `sense and
avoid' technologies, along with flight control and navigation
technologies, so that unmanned aircraft can safely fly in the same
airspace used by general aviation and commercial aircraft without
threat of collision. H.R. 2881 gives the FAA the authority to begin the
necessary research, plus to develop schedules to meet mandated
deadlines.
Mr. Chairman, FAA's research and development activities are essential
to its mission, and the features I've described, plus many others in
the legislation before us, will strengthen the agency's capabilities to
accommodate and manage our Nation's national airspace system.
Having said that, I do want to express reservations about portions of
H.R. 2881 unrelated to research and development, and caution Members to
carefully weigh the bill in its totality before casting their votes. I
clearly understand this bill has some very contentious issues that may,
on balance, leave Members no choice but to vote against final passage.
I am particularly concerned about provisions in this bill that will
impose a variety of new costs on an industry that is still recovering
from several years of billion-dollar losses and,
[[Page H10647]]
to make matters worse, could delay FAA's ability to replace its aging
air traffic control system. To give two examples, H.R. 2881 would
permit up to a 55 percent increase in passenger facilities charges
assessed by airports, the costs of which appear as an additional fee on
airline tickets. The bill also voids the current labor-management
contract for air traffic controllers, forcing the agency to reinstitute
its older--and more expensive--labor contract, and it requires
reopening negotiations on a new contract under a new negotiating
regime. This labor provision seriously jeopardizes FAA's ability to
finance its new air traffic control system, which, by some estimates,
could result in an additional payout to air traffic controllers of up
to a half-billion dollars over the next 4 years, plus whatever
additional costs are imposed by a new contract. These are just two of a
number of provisions that will most certainly push up the price of air
travel. The net effect of these changes will be to push the cost of air
travel so high as to make it unaffordable for many working Americans to
fly, seriously affecting their quality of life.
For these and other reasons, I cannot, and will not, support H.R.
2881 in its present form.
Mr. SALAZAR. Mr. Chairman, I thank the gentleman from Vermont for
yielding and I would like to recognize Chairman Oberstar and Chairman
Costello for their exceptional leadership on this critical issue.
Mr. Chairman, I rise today in support of H.R. 2881, the FAA
Reauthorization Act of 2007, and urge swift passage of the measure.
There are many good and important issues addressed in this bill:
funding for capital programs; air traffic control modernization and
NextGen; financing that doesn't overburden general aviation; safety;
the imposed work rules on our air traffic controllers; consumer
protections; R&D; environment; and more.
But I'd like to especially thank the bipartisan leadership on the
committee for working with me on issues that are particularly important
to me and my constituents.
H.R. 2881 provides increased funding to local governments throughout
the country to maintain and develop their airports, which serve as
cornerstones for economic growth.
The bill also provides increased radar surveillance coverage in
mountainous areas--such as those in Colorado--which will increase the
safety and capacity for many of our mountain airports.
As many of us come from and represent small, rural communities, we
appreciate the need to preserve and improve rural aviation programs,
such as Essential Air Service.
EAS serves rural communities across the country that otherwise would
not receive any scheduled air service.
Yet the Administration, once again, has proposed to cut funding by
more than half.
That would be devastating to more than 140 rural communities--
including Cortez, Alamosa and Pueblo, Colorado.
I'm proud of the work that we did on the committee to correct this
wrong and I'm pleased to see the improvements made to rural aviation in
this bill.
I believe H.R. 2881 ensures that we remain the world's safest
aviation system, and I urge my colleagues to support this bill.
Mr. OBERSTAR. Mr. Chairman, I include in the Record exchanges of
letters between the Committee on Transportation and Infrastructure and
other relevant committees.
House of Representatives, Committee on Science and
Technology,
Washington, DC, September 17, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Oberstar: I write to you regarding H.R. 2881,
the ``FAA Reauthorization Act of 2007.'' This legislation
authorizes the Federal Aviation Administration's (FAA)
programs, including research and development programs.
H.R. 2881 contains provisions that fall within the
jurisdiction of the Committee on Science and Technology. I
recognize and appreciate your desire to bring this
legislation before the House in an expeditious manner and,
accordingly, I will not seek a sequential referral of the
bill. However, agreeing to waive consideration of this bill
should not be construed as the Committee on Science and
Technology waiving its jurisdiction over H.R. 2881.
Further, I request your support for the appointment of
Science and Technology Committee conferees during any House-
Senate conference convened on this legislation on provisions
of the bill that are within the Committee's jurisdiction.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
Bart Gordon,
Chairman
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, September 17, 2007.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, House of
Representatives, Washington, DC.
Dear Chairman Gordon: Thank you for your September 14, 2007
letter regarding H.R. 2881, the ``FAA Reauthorization Act of
2007''. Your support for this legislation and your assistance
in ensuring its timely consideration are greatly appreciated.
I agree that provisions in the bill are of jurisdictional
interest to the Committee on Science and Technology. I
acknowledge that by forgoing a sequential referral, your
Committee is not relinquishing its jurisdiction and I will
fully support your request to be represented in a House-
Senate conference on those provisions over which the
Committee on Science and Technology has jurisdiction in H.R.
2881.
I value your cooperation and look forward to working with
you as we move ahead with this important aviation
legislation.
Sincerely,
James L. Oberstar, M.C.,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 14, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure
Washington, DC.
Dear Chairman Oberstar: Thank you for working with me to
address concerns in H.R. 2881, a bill to authorize
appropriations for the Federal Aviation Administration for
fiscal year 2008. Like you, I strongly believe that providing
for the authorization of adequate appropriations for the
Federal Aviation Administration is vital.
H.R. 2881 contains provisions that fall within the
jurisdiction of the Committee on Homeland Security. I
recognize and appreciate your desire to bring this bill to
the full House expeditiously. As a condition to our agreement
to forgo a mark-up of this legislation, you have agreed to
remedy our jurisdictional and substantive concerns during
consideration of H.R. 2881 or similar legislation by the full
House. The Committee on Homeland Security's decision to waive
consideration of H.R. 2881, or similar legislation, should
not be construed as waiving, altering, or diminishing the
Committee's prerogatives with respect to this legislation.
Additionally, the Committee on Homeland Security reserves
the right to seek the appointment of conferees during any
House-Senate conference convened on this legislation or on
provisions of this or a similar bill that are within the
jurisdiction of the Committee on Homeland Security. I ask for
your commitment to support any such request by the Committee
on Homeland Security for the appointment of conferees on H.R.
2881 or similar legislation.
Finally, I respectfully ask that you place a copy of your
letter and this response in the Committee Report to accompany
H.R. 2881, or similar legislation, and in the Congressional
Record during floor consideration of H.R. 2881.
Thank you for your cooperation in this matter. I look
forward to working with you as we prepare to pass this
important legislation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, September 14, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Chairman Thompson: Thank you for your September 14,
2007 letter regarding H.R. 2881, the ``FAA Reauthorization
Act of 2007''. Your support for this legislation and your
assistance in ensuring its timely consideration are greatly
appreciated.
I agree that provisions in the bill are of jurisdictional
interest to the Committee on Homeland Security. I acknowledge
that by forgoing a sequential referral, your Committee is not
relinquishing its jurisdiction and I will fully support your
request to be represented in a House-Senate conference on
those provisions over which the Committee on Homeland
Security has jurisdiction in H.R. 2881.
I value your cooperation and look forward to working with
you as we move ahead with this important aviation
legislation.
Sincerely,
James L. Oberstar, M.C.,
Chairman.
Mr. Chairman, I would also like to thank the staff of the Committees
on Transportation and Infrastructure, Ways and Means, and Science and
Technology for their extraordinary work on this bill. In particular, I
thank:
Committee on Transportation and Infrastructure
Full Committee: David Heymsfeld, Ward McCarragher, Sharon Barkeloo,
Jennifer Walsh, Erik Hansen, Elisa Yi, Jim Coon, Amy Steinmann.
Subcommittee: Stacie Soumbeniotis, Giles Giovinazzi, Jana Denning,
Pam Keller, Christa Fornarotto, Holly Woodruff Lyons, Bailey Edwards,
Russell Kline.
Committee on Ways and Means
Ted Zegers, Susan Athy, Chris Giosa.
Committee on Science and Technology
John Piazza, Richard Obermann, Tim Athan, Ed Feddeman, Katy Crooks.
[[Page H10648]]
Office of Legislative Counsel
David Mendelsohn, Curt Haensel, Rosemary Gallagher.
Ms. HIRONO. Mr. Chairman, I rise in support of H.R. 2881, the FAA
Reauthorization Act of 2007. I thank Chairman Oberstar and Chairman
Costello for their leadership and hard work to bring this complex
legislation to the floor.
While there are disagreements on certain issues, the bill that
emerged from the committee will serve the greater interests for the
American people for years to come. I am truly proud to have been part
of the Transportation and Infrastructure Committee and the Subcommittee
on Aviation in developing this important legislation.
I will address a few of the numerous positive provisions of the bill
that warrant mention and support.
One section extends the coverage of OSHA to flight attendants. For
all too long--well over 30 years--flight attendants have fought an
unsuccessful fight to win basic occupational and health protections
available to nearly all other American workers.
Despite a Memorandum of Understanding in 2000 between FAA and the
Occupational Health and Safety Administration to rectify this
discriminatory application of employment law, flight attendants are
still left without any meaningful safety and health protections. Since
the FAA has shown no inclination to follow through on the MOU, it is
time for Congress to act.
Every day, flight attendants risk exposure to poor air quality,
blood-borne viruses including HIV and Hepatitis B, cosmic radiation and
noise. They are expected to perform excessive lifting, pushing, pulling
and carrying--including carry-on baggage and poorly designed food and
beverage carts. Without workplace regulatory protections, flight
attendants who are sick and injured have no one to help them. This
unacceptable condition threatens not only the health of flight
attendants, but the safety of the hundreds of passengers who depend on
flight attendants for many in-flight services, not to mention life-
saving assistance in times of emergency.
The time has long passed for flight attendants to be denied the same
protections that the Federal Government affords millions of other hard-
working employees in both the private and public sector, including its
own employees. It is time for Congress to extend OSHA protections to
50,000 American workers who have been denied this basic employment
right by their federal regulator, the FAA, which should be leading this
effort.
Another important provision that will bring fundamental fairness to
the industry is the bill's abolition of the arbitrary 60-year age limit
on commercial pilots. Only commercial airline pilots in the U.S. are
prohibited from flying after age 60. The International Civil Aviation
Authority already allows its pilots to fly to age 65. Many advanced
countries, including Canada, Australia and New Zealand have no age
limit. Only the U.S., Pakistan, France and Colombia still hold on to
this arbitrary disqualification of otherwise competent pilots.
While eliminating this totally subjective and discriminatory
restriction on the right to work, the bill provides the necessary
safeguards to protect the flying public. No pilot over the age of 60
who is not otherwise capable and qualified will be able to work on the
flight deck, just like any other qualified pilot of any age.
The FAA itself agrees that the 60-year old limit should be abolished,
but it will take the agency two years to promulgate regulations to
change this admittedly archaic rule. Meanwhile, an estimated 4,000
pilots will needlessly be forced to retire unless we pass this bill.
Finally, one of the more contentious provisions of the bill relates
to collective bargaining for air traffic controllers. I support the air
traffic controllers on this issue. It is a matter of simple fairness
that the FAA be compelled to deal fairly with this important group of
its employees. There is no fair and equal collective bargaining if one
side can walk away from the negotiation table and unilaterally impose
its position once an impasse is reached. Fundamental fairness requires
that the parties resume negotiations until an agreement is reached and,
if the parties cannot agree, mediation should be required. Meanwhile,
the pre-impasse terms and conditions of employment should be
maintained, as it is in all collective bargaining relationships, until
a new collective bargaining agreement is ratified.
Collective bargaining not only protects the rights and benefits of
the air traffic controllers, but also protects the lives and safety of
the traveling public. When they are adequately compensated and allowed
sufficient time for training, rest and recuperation, air traffic
controllers would able to do their jobs more effectively.
There is no worse a method to destroy morale and loyalty--and hence
effectiveness and performance--of employees than to show such
disrespect for them. In a job as critical to the safety of millions of
travelers, the effectiveness and professionalism of air traffic
controllers must be fostered, not undermined by unfair employment
practices that treat them with such undeserved disdain. Giving these
important employees bargaining rights equal to the employer is not only
the right thing to do, it is the safe thing to do for all Americans.
For the reasons I have stated, I support this comprehensive and major
improvement to our nation's aviation system. I urge my colleagues to
look at the bill in its entirety and vote to pass this important
legislation.
Mr. COBLE. Mr. Chairman, aviation is a growing industry in the 6th
Congressional District of North Carolina, and therefore my interest in
the reauthorization of the Federal Aviation Administration stems from
both a consumer and industry perspective. I'd like to take a few
moments to highlight some provisions in H.R. 2881 which are beneficial
to my area and others which cause concern.
There is a vibrant general aviation community within North Carolina,
and many of the airports in my district are dependent upon the Airport
Improvement Program to fund necessary infrastructure improvements. I am
pleased that this legislation builds upon this successful program. It
is my hope that as the bill moves forward, we will continue to seek
ways to augment, and even create incentives, within the AlP program
because it is a vital tool for economic development.
In addition, I remain supportive of the Small Community Air Services
Development Program which is reauthorized in H.R. 2881. I have seen
first-hand the success this program has had in my district, and believe
that it is another tool which encourages community development,
particularly in rural areas.
I'm also pleased that the bill before us takes the initial steps to
modernize and update our air traffic control system. While I don't
pretend to understand the technology, I do believe that upgrading our
current air traffic control system will create more efficient and
effective management of our airways. I'm hopeful that this investment,
coupled with improving infrastructure, will help to alleviate much of
the delays and cancellations that each of us currently face all too
often when we go to the airport. We still have much work to do, but I
believe this bill is a step in the right direction.
There are also areas in the base bill which concern me. I have
nothing but the utmost respect for the air traffic controllers of this
Nation, and especially those that live and work within my district. I
have had frank and constructive conversations on a variety of issues
with them in the past several months.
Despite that, I still have reservations about the intent and
ramifications of the language in the base bill which would reopen the
recently implemented contract. First and foremost, the issue of back
pay concerns me from a fiscal and fairness perspective. Regardless of
whether you support or oppose the current contract, to simply
invalidate the contract, in my opinion, undermines the bargaining
process. Further, I remain concerned at the effect this amendment will
have on our Nation's taxpayers.
Additionally, I remain concerned by language in the bill which would
require non-pilot employees to be covered under the National Labor
Relations Act. This language, which is directed at one express shipping
company, in my opinion could undermine the national transportation
network and create many unintended consequences.
As this bill moves forward, I hope that we can continue to work
towards modernizing our air traffic control system and also resolve
issues where there is disagreement. Because of the concerns outlined
above, I intend to oppose the base bill, but do so recognizing that
there are provisions which I support.
Mr. UDALL of Colorado. Mr. Chairman, I rise in support of H.R. 2881
and urge its approval.
The version of H.R. 2881 that is before us today is the product of a
constructive, bipartisan collaboration between the Transportation and
Infrastructure Committee and the Science and Technology Committee.
I want to express my appreciation for the fine work done by the
Transportation and Infrastructure Committee members and staff, and in
particular Chairman Jim Oberstar and Ranking Member John Mica, along
with the Chairman of the Aviation Subcommittee (and senior member of
the Science and Technology Committee), Jerry Costello, and Ranking
Minority member Tom Petri. I appreciate the cooperative efforts that
made this merged bill possible.
I also want to thank Chairman Bart Gordon, Ranking Member Ralph Hall,
and my good friend and Ranking Member on the space and aeronautics
subcommittee, Representative Tom Feeney, for all of their hard work on
H.R. 2698, the Federal Aviation R&D Reauthorization Act of 2007--which
was unanimously passed by the Science and Technology Committee earlier
this year and which has now been incorporated into the bill we are
considering today.
The Science and Technology Committee majority and minority staff has
done great work on this bill and I would like to thank them
[[Page H10649]]
as well, especially Richard Obermann, Ed Feddeman, Tim Athan, and John
Piazza for their hard work. I am pleased that H.R. 2881 will
reauthorize a range of important R&D activities at the FAA--including
R&D related to aviation noise and emissions reduction--establish new
R&D initiatives in some key areas, and include provisions aimed at
strengthening the Next Generation Air Transportation System (NextGen)
initiative and the interagency Joint Planning and Development Office
(JPDO), which has the responsibility for planning and developing
NextGen.
Because of my limited time, I would like to highlight just two of the
new initiatives in the bill that I think are especially important.
First, the bill establishes an interagency research program to better
understand the impact of aviation on climate change. This is a serious
matter, with both economic and quality-of-life implications, and thus I
believe that this research effort is critically important.
Second, the bill establishes a multi-agency research program to
conduct research on the impacts of space weather on aviation and air
passengers. This is motivated by the increased importance of space
weather to aviation, especially with the increased incidence of flight
operations over the polar regions.
Mr. Chairman, while I could spend all my time discussing the
important provisions from H.R. 2698 that have been included in H.R.
2881, I would be remiss if I did not discuss several other features of
the bill that I think are important. It is clear, I think, that
enhancing the Nation's aviation needs while addressing unique
challenges of individual communities is not an easy task. I believe
that this bill moves our Nation's air transportation system forward
while being understanding of the obstacles that face each state and
locality.
In June, the Department of Transportation (DOT) reported that only
72.5 percent of domestic flights by the largest U.S. airlines arrived
on-time from January to April of this year. This is the worst showing
since DOT began reporting on-time performance in 1995. Robust
investment in aviation infrastructure is crucial to increase air
capacity and decrease fight delays. I am pleased that this bill
provides for increased funding for a number of FAA capital programs,
including the Airport Improvement Program (AIP).
Passage of this legislation is vital to the health of the Nation's
air transportation system and the continued economic vitality of
Colorado. I am especially pleased that the bill designates a program
within FAA to improve safety and efficiency of radar coverage in
mountainous areas. While the Colorado Department of Transportation
(CDOT) and the FAA have already begun such an endeavor, this bill will
further cement and provide funding for enhanced radar coverage at
mountain airports in Colorado and elsewhere. Not only will this program
increase safety but it will also provide multi-modal benefits by
reducing congestion on highways due to flight diversions or denied
service.
Mr. Chairman, it is no exaggeration to say that the Nation's air
transportation system is critical to our economic well-being, our
international competitiveness, and our quality of life. I believe that
H.R. 2881 will help maintain its continued vitality and safety, and I
urge Members to support the bill.
Mr. LIPINSKI. Mr. Chairman, I rise in strong support of this very
important legislation reauthorizing the Federal Aviation
Administration, and urge my colleagues to join me in voting for its
passage.
I also rise to commend Chairman Oberstar and Ranking Member Mica on
the Committee on Transportation and Infrastructure as well as Chairman
Costello and Ranking Member Petri of the Subcommittee on Aviation for
their excellent leadership on this bill and for their continued
dedicated service on transportation issues.
This bill contains a number of critical provisions that will improve
our nation's transportation system. In particular, this legislation
will go a long way towards modernizing and improving our nation's air
traffic control capabilities by providing $13 billion to accelerate the
implementation of the Next Generation Air Transportation system.
Through modernization and increased use of technology, this system will
enable our air traffic control system to meet two to three times the
amount of current demand, allowing us to keep pace with the ever-
increasing number of flights. This technology will also allow us to
more accurately track flights, preventing collisions in our
increasingly congested skies. In addition, the FAA will be given the
resources to make necessary improvements and replacements of facilities
and equipment, ensuring the highest degree of air traffic support.
I would also like to thank the Chairmen and Ranking Members of the
full Committee and Subcommittee for including report language on the
potential application of Qualification Based Selection for Passenger
Facility Charge funded airport projects. Qualification Based Selection
is a process that works well with Airport Improvement Program funded
projects and some other federally-funded transportation projects. It
has been a process that has saved time and saved money in other
transportation projects. Consequently, taking a closer and more
comprehensive look to see how it could be effectively implemented with
PFC-funded projects seems to be a logical step.
This reauthorization also takes some important steps towards
protecting flight crews and passengers. For example, OSHA requirements
are finally extended to aircraft crewmembers under this bill, helping
to ensure their on-the-job safety. This legislation also directs the
FAA to conduct a study on pilot fatigue, and based on the findings of
that study, update their regulations regarding flight time limitations
and rest requirements for pilots. Furthermore, airlines and airports
will be required to have contingency plans in place to take care of
passengers affected by long delays, including providing food, water and
medical care. This provision is a welcome relief to all of us who have
ever experienced long and painful flight delays.
Furthermore, this reauthorization includes $570 million to increase
the number of aviation safety inspectors by more than one-third. These
inspectors develop, administer, and enforce safety requirements for all
aircraft being developed and flying today. Increasing the number of
these inspectors will help ensure that our skies are as safe as
possible.
I am also pleased that this reauthorization includes a number of
provisions that will improve our environment. It directs the FAA to
work to develop lower energy, emissions and noise engine and airframe
technology. This type of technology will help to reduce our dependence
on fossil fuels, improve our air quality, and combat climate change.
This bill also contains measures to improve the environments of airport
lands, including addressing water and air quality issues, and reduce
aircraft idling time to reduce emissions and fuel consumption.
In addition to these environmental provisions, I would also like to
thank Chairman Oberstar and Ranking Member Mica of the full Committee
and Chairman Costello and Ranking Member Petri of the Aviation
Subcommittee for working with me to include two provisions increasing
R&D for environmental improvements related to aircraft fuel.
Currently, general aviation piston aircraft operate on 100 Octane
leaded aviation gasoline, or avgas, which contains four times the
amount of lead found in the already-banned leaded automotive fuel and
is extremely toxic. Unfortunately, no economical alternative currently
exists. Environmental and health concerns over this leaded gasoline
will only continue to grow as use of these planes increases.
In order to address this issue, I worked to include in this bill a
provision to continue and enhance R&D for alternative aviation fuels.
This provision, which authorizes $750,000 for fiscal years 2008 through
2010, will help to expedite the development, testing, and approval of
an economical, unleaded alternative aircraft fuel.
Also included in this reauthorization is a provision I authored for a
new FAA Center of Excellence focused on alternative jet fuel research.
FAA Air Transportation Centers of Excellence provide research on
important transportation issues through partnerships between the FAA,
universities, industry and state and local government. In conducting
transportation research, Centers of Excellence also prepare a new
generation of trained professionals ready to meet our nation's
transportation needs.
And in the coming years, perhaps no transportation need will be
greater than the need for alternative energies. Increasing demand for
fossil fuels and continued volatility in many energy supplying nations
means that the price of fossil fuels will continue to go up. And,
increased emissions from the use of fossil fuels further endanger our
global environment.
Jet fuel in particular illustrates the dangers of our current
reliance on fossil fuels. Many airlines in this country, already
fighting bankruptcy, are particularly vulnerable to higher fuel prices
and increased volatility in the energy market. And while jet emissions
still constitute only 3% of global emissions, that share is growing
rapidly as the number of flights worldwide continues to increase.
Consequently, it is apparent that developing alternative jet fuels is
imperative for our Nation's airlines and our environment. Recognizing
this need, and witnessing the valuable R&D that FAA Centers of
Excellence have provided in other areas such as Airliner Cabin
Environment, Noise and Emissions, and Airport Technology, I authored a
provision included in this reauthorization which will create an FAA
Center of Excellence dedicated to alternative jet fuel research. This
Center of Excellence's research will improve the long-term health of
our domestic aviation economy and our global environment.
The benefits of this Center of Excellence and all the improvements in
safety, efficiency, labor protections and environment provided by
[[Page H10650]]
this reauthorization are particularly important to my hometown of
Chicago. Chicago is the transportation hub of the Nation and
transportation is--metaphorically and literally--what keeps our region
moving. Chicago Midway Airport, which is in my District, and nearby
O'Hare International Airport, are two of the busiest and largest
airports in the Nation. And while thousands of people pass through
these airports every day, they are the local airports for my
constituents and the surrounding communities. Consequently, any
national improvements in our aviation system will be acutely felt by
those of us who live under the busy skies of northeastern Illinois. I
believe this reauthorization is a good beginning in improving not only
the flying experience of my constituents, but also in reducing the
amount of aviation emissions and noise that they encounter on a daily
basis.
And importantly for my District, this FAA reauthorization provides
necessary funding to make our runways safer. This issue is important to
the many people in Chicagoland who still clearly remember the tragic
accident in 2005 when an aircraft skidded off the runway at Midway
Airport and into a passing car, killing a young boy. To address some of
the concerns raised by these types of accidents, this legislation
provides $42 million over four years for runway incursion reduction
programs and $74 million over four years for runway status light
acquisition and installation. These runway improvements will not only
help to protect flight crews and aircraft passengers, but also the
people such as those in my district who live and work alongside our
Nation's airports.
In conclusion, this FAA reauthorization contains important
efficiency, safety and environmental provisions that will benefit the
Nation and Chicagoland in particular, and I urge my colleagues to join
me in supporting its passage.
Mr. TANNER. Mr. Chairman, I rise today to strongly oppose a provision
that was included in H.R. 2881, the FAA Reauthorization Act of 2007.
The underlying bill contains language that would unfairly target a
single company located in my Sate and compel them to change the way
they do business. There have been no hearings on this issue and I am
concerned that there could be considerable unintended consequences if
this provision is approved.
Inclusion of the language could also put this critical aviation
safety bill at risk. I have been told that several Senators have made
clear this provision is a non-starter that puts a speedy and successful
Conference at risk.
At a time where air traffic is in gridlock, I think we have a duty to
the American public to pass a bill that can quickly be conferenced with
the Senate. Because I do think that we need to move forward on FAA
reform, I will reluctantly vote for H.R. 2881. However, I believe that
this bill is far too important to be used as a vehicle for targeting a
single American company and am hopeful that this issue will be
addressed in conference.
The Acting CHAIRMAN. All time for general debate has expired.
In lieu of the amendment in the nature of a substitute printed in the
bill, the amendment in the nature of a substitute printed in part A of
House Report 110-335, modified by the amendment printed in part B of
the report, is adopted. The bill, as amended, shall be considered as an
original bill for the purpose of further amendment under the 5-minute
rule and shall be considered read.
The text of the bill, as amended, is as follows:
H.R. 2881
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Reauthorization Act of 2007''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Research and development.
Sec. 105. Funding for aviation programs.
Subtitle B--Passenger Facility Charges
Sec. 111. PFC authority.
Sec. 112. PFC eligibility for bicycle storage.
Sec. 113. Noise compatibility projects.
Sec. 114. Intermodal ground access project pilot program.
Sec. 115. Impacts on airports of accommodating connecting passengers.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--AIP Modifications
Sec. 131. Amendments to AIP definitions.
Sec. 132. Amendments to grant assurances.
Sec. 133. Government share of project costs.
Sec. 134. Amendments to allowable costs.
Sec. 135. Uniform certification training for airport concessions under
disadvantaged business enterprise program.
Sec. 136. Preference for small business concerns owned and controlled
by disabled veterans.
Sec. 137. Calculation of State apportionment fund.
Sec. 138. Reducing apportionments.
Sec. 139. Minimum amount for discretionary fund.
Sec. 140. Marshall Islands, Micronesia, and Palau.
Sec. 141. Use of apportioned amounts.
Sec. 142. Sale of private airport to public sponsor.
Sec. 143. Airport privatization pilot program.
Sec. 144. Airport security program.
Sec. 145. Sunset of pilot program for purchase of airport development
rights.
Sec. 146. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 147. Repeal of limitations on Metropolitan Washington Airports
Authority.
Sec. 148. Midway Island Airport.
Sec. 149. Miscellaneous amendments.
TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC
CONTROL MODERNIZATION
Sec. 201. Mission statement; sense of Congress.
Sec. 202. Next generation air transportation system joint planning and
development office.
Sec. 203. Next Generation Air Transportation Senior Policy Committee.
Sec. 204. Automatic dependent surveillance-broadcast services.
Sec. 205. Inclusion of stakeholders in air traffic control
modernization projects.
Sec. 206. GAO review of challenges associated with transforming to the
Next Generation Air Transportation System.
Sec. 207. GAO review of Next Generation Air Transportation System
acquisition and procedures development.
Sec. 208. DOT inspector general review of operational and approach
procedures by a third party.
Sec. 209. Expert review of enterprise architecture for Next Generation
Air Transportation System.
Sec. 210. NEXTGEN technology testbed.
Sec. 211. Clarification of authority to enter into reimbursable
agreements.
Sec. 212. Definition of air navigation facility.
Sec. 213. Improved management of property inventory.
Sec. 214. Clarification to acquisition reform authority.
Sec. 215. Assistance to foreign aviation authorities.
Sec. 216. Front line manager staffing.
Sec. 217. Flight service stations.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Age standards for pilots.
Sec. 302. Judicial review of denial of airman certificates.
Sec. 303. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 304. Inspection of foreign repair stations.
Sec. 305. Runway incursion reduction.
Sec. 306. Improved pilot licenses.
Sec. 307. Aircraft fuel tank safety improvement.
Sec. 308. Flight crew fatigue.
Sec. 309. OSHA standards.
Sec. 310. Aircraft surveillance in mountainous areas.
Sec. 311. Off-airport, low-altitude aircraft weather observation
technology.
Subtitle B--Unmanned Aircraft Systems
Sec. 321. Commercial unmanned aircraft systems integration plan.
Sec. 322. Special rules for certain unmanned aircraft systems.
Sec. 323. Public unmanned aircraft systems.
Sec. 324. Definitions.
TITLE IV--AIR SERVICE IMPROVEMENTS
Sec. 401. Monthly air carrier reports.
Sec. 402. Flight operations at Reagan National Airport.
Sec. 403. EAS contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Air passenger service improvements.
Sec. 407. Contents of competition plans.
Sec. 408. Extension of competitive access reports.
Sec. 409. Contract tower program.
Sec. 410. Airfares for members of the Armed Forces.
Sec. 411. Medical oxygen and portable respiratory assistive devices.
TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING
Sec. 501. Amendments to air tour management program.
[[Page H10651]]
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. CLEEN research, development, and implementation partnership.
Sec. 506. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 507. Environmental mitigation pilot program.
Sec. 508. Aircraft departure queue management pilot program.
Sec. 509. High performance and sustainable air traffic control
facilities.
Sec. 510. Regulatory responsibility for aircraft engine noise and
emissions standards.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. MSPB remedial authority for FAA employees.
Sec. 603. FAA technical training and staffing.
Sec. 604. Designee program.
Sec. 605. Staffing model for aviation safety inspectors.
Sec. 606. Safety critical staffing.
Sec. 607. FAA air traffic controller staffing.
Sec. 608. Assessment of training programs for air traffic controllers.
Sec. 609. Collegiate training initiative study.
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third party liability of air
carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
Sec. 705. Extension of program authority.
TITLE VIII--MISCELLANEOUS
Sec. 801. Air carrier citizenship.
Sec. 802. Disclosure of data to Federal agencies in interest of
national security.
Sec. 803. FAA access to criminal history records and database systems.
Sec. 804. Clarification of air carrier fee disputes.
Sec. 805. Study on national plan of integrated airport systems.
Sec. 806. Express carrier employee protection.
Sec. 807. Consolidation and realignment of FAA facilities.
Sec. 808. Transportation Security Administration centralized training
facility feasibility study.
Sec. 809. GAO study on cooperation of airline industry in international
child abduction cases.
Sec. 810. Lost Nation Airport, Ohio.
Sec. 811. Pollock Municipal Airport, Louisiana.
Sec. 812. Human intervention and motivation study program.
Sec. 813. Washington, D.C., Air Defense Identification Zone.
Sec. 814. Merrill Field Airport, Anchorage, Alaska.
Sec. 815. William P. Hobby Airport, Houston, Texas.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Interagency research initiative on the impact of aviation on
the climate.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Centers of excellence.
Sec. 907. Airport cooperative research program.
Sec. 908. Unmanned aircraft systems.
Sec. 909. Research grants program involving undergraduate students.
Sec. 910. Research program on space weather and aviation.
Sec. 911. Aviation gas research and development program.
Sec. 912. Research reviews and assessments.
Sec. 913. Review of FAA's aviation safety-related research programs.
Sec. 914. Research program on alternative jet fuel technology for civil
aircraft.
Sec. 915. Center for excellence in aviation employment.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall apply only to fiscal years
beginning after September 30, 2007.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``September 30, 2003'' and inserting
``September 30, 2007''; and
(2) by striking paragraphs (1) through (4) and inserting
the following:
``(1) $3,800,000,000 for fiscal year 2008;
``(2) $3,900,000,000 fiscal year 2009;
``(3) $4,000,000,000 fiscal year 2010; and
``(4) $4,100,000,000 fiscal year 2011.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2011''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations.--Section 48101(a) is
amended by striking paragraphs (1) through (4) and inserting
the following:
``(1) $3,120,000,000 for fiscal year 2008.
``(2) $3,246,000,000 for fiscal year 2009.
``(3) $3,259,000,000 for fiscal year 2010.
``(4) $3,353,000,000 for fiscal year 2011.''.
(b) Use of Funds.--Section 48101 is amended by striking
subsections (c) through (i) and inserting the following:
``(c) Wake Vortex Mitigation.--Of amounts appropriated
under subsection (a), such sums as may be necessary for each
of fiscal years 2008 through 2011 may be used for the
development and analysis of wake vortex mitigation, including
advisory systems.
``(d) Weather Hazards.--
``(1) In general.--Of amounts appropriated under subsection
(a), such sums as may be necessary for each of fiscal years
2008 through 2011 may be used for the development of in-
flight and ground-based weather threat mitigation systems,
including ground de-icing and anti-icing systems and other
systems for predicting, detecting, and mitigating the effects
of certain weather conditions on both airframes and engines.
``(2) Specific hazards.--Weather conditions referred to in
paragraph (1) include--
``(A) ground-based icing threats such as ice pellets and
freezing drizzle;
``(B) oceanic weather, including convective weather, and
other hazards associated with oceanic operations (where
commercial traffic is high and only rudimentary satellite
sensing is available) to reduce the hazards presented to
commercial aviation, including convective weather ice crystal
ingestion threats; and
``(C) en route turbulence prediction.
``(e) Safety Management Systems.--Of amounts appropriated
under subsection (a) and section 106(k)(1), such sums as may
be necessary for each of fiscal years 2008 through 2011 may
be used to advance the development and implementation of
safety management systems.
``(f) Runway Incursion Reduction Programs.--Of amounts
appropriated under subsection (a), $8,000,000 for fiscal year
2008, $10,000,000 for fiscal year 2009, $12,000,000 for
fiscal year 2010, and $12,000,000 for fiscal year 2011 may be
used for the development and implementation of runway
incursion reduction programs.
``(g) Runway Status Lights.--Of amounts appropriated under
subsection (a), $15,000,000 for fiscal year 2008, $27,000,000
for fiscal year 2009, $12,000,000 for fiscal year 2010, and
$20,000,000 for 2011 may be used for the acquisition and
installation of runway status lights.
``(h) Additional Programs in Fiscal Year 2008.--Of amounts
appropriated under subsection (a), $19,500,000 for fiscal
year 2008 may be used for--
``(1) system capacity, planning, and improvement;
``(2) operations concept validation;
``(3) NAS weather requirements;
``(4) Airspace Management Lab;
``(5) Local Area Augmentation System (LAAS); and
``(6) wind profiling and weather research, Juneau.
``(i) Additional Programs in Fiscal Years 2009-2011.--Of
amounts appropriated under subsection (a), $14,500,000 for
each of fiscal years 2009, 2010, and 2011 may be used for--
``(1) system capacity, planning, and improvement;
``(2) operations concept validation;
``(3) NAS weather requirements; and
``(4) Airspace Management Lab.''.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (D) and inserting the following:
``(A) $8,726,000,000 for fiscal year 2008;
``(B) $8,978,000,000 for fiscal year 2009;
``(C) $9,305,000,000 for fiscal year 2010; and
``(D) $9,590,000,000 for fiscal year 2011.''.
(b) Authorized Expenditures.--Section 106(k)(2) is
amended--
(1) by striking subparagraphs (A), (B), (C), (D), and (F);
(2) by redesignating subparagraphs (E) and (G) as
subparagraphs (A) and (B), respectively; and
(3) in subparagraphs (A) and (B) (as so redesignated) by
striking ``2004 through 2007'' and inserting ``2008 through
2011''.
(c) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation out of the
Airport and Airway Trust Fund established by section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to fund
airline data collection and analysis by the Bureau of
Transportation Statistics in the Research and Innovative
Technology Administration of the Department of
Transportation--
(1) $4,000,000 for fiscal year 2008; and
(2) $6,000,000 for each of fiscal years 2009, 2010, and
2011.
SEC. 104. RESEARCH AND DEVELOPMENT.
Section 48102(a) is amended--
[[Page H10652]]
(1) in paragraph (11)(L) by striking ``and'';
(2) in paragraph (12)(L) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(13) for fiscal year 2008, $335,191,000, including--
``(A) $7,350,000 for fire research and safety;
``(B) $4,086,000 for propulsion and fuel systems;
``(C) $2,713,000 for advanced materials and structural
safety;
``(D) $3,574,000 for atmospheric hazards and digital system
safety;
``(E) $14,931,000 for aging aircraft;
``(F) $2,202,000 for aircraft catastrophic failure
prevention research;
``(G) $14,651,000 for flightdeck maintenance, system
integration, and human factors;
``(H) $9,517,000 for aviation safety risk analysis;
``(I) $15,254,000 for air traffic control, technical
operations, and human factors;
``(J) $6,780,000 for aeromedical research;
``(K) $19,888,000 for weather programs;
``(L) $6,310,000 for unmanned aircraft systems research;
``(M) $18,100,000 for the Next Generation Air
Transportation System Joint Planning and Development Office;
``(N) $10,755,000 for wake turbulence;
``(O) $20,469,000 for environment and energy;
``(P) $1,184,000 for system planning and resource
management;
``(Q) $3,415,000 for the William J. Hughes Technical Center
Laboratory Facility;
``(R) $74,200,000 for the Center for Advanced Aviation
System Development;
``(S) $2,000,000 for the Airport Cooperative Research
Program--capacity;
``(T) $3,000,000 for the Airport Cooperative Research
Program--environment;
``(U) $5,000,000 for the Airport Cooperative Research
Program--safety;
``(V) $3,600,000 for GPS civil requirements;
``(W) $15,000,000 for Safe Flight 21, Alaska Capstone;
``(X) $8,907,000 for airports technology research--
capacity;
``(Y) $9,805,000 for airports technology research--safety;
``(14) for fiscal year 2009, $481,554,000, including--
``(A) $8,457,000 for fire research and safety;
``(B) $4,050,000 for propulsion and fuel systems;
``(C) $2,686,000 for advanced materials and structural
safety;
``(D) $3,568,000 for atmospheric hazards and digital system
safety;
``(E) $14,683,000 for aging aircraft;
``(F) $2,158,000 for aircraft catastrophic failure
prevention research;
``(G) $37,499,000 for flightdeck maintenance, system
integration, and human factors;
``(H) $8,349,000 for aviation safety risk analysis;
``(I) $15,323,000 for air traffic control, technical
operations, and human factors;
``(J) $6,932,000 for aeromedical research;
``(K) $22,336,000 for weather program;
``(L) $6,738,000 for unmanned aircraft systems research;
``(M) $18,100,000 for the Next Generation Air
Transportation System Joint Planning and Development Office;
``(N) $10,560,000 for wake turbulence;
``(O) $35,039,000 for environment and energy;
``(P) $1,847,000 for system planning and resource
management;
``(Q) $3,548,000 for the William J. Hughes Technical Center
Laboratory Facility;
``(R) $85,000,000 for Center for Advanced Aviation System
Development;
``(S) $5,000,000 for the Airport Cooperative Research
Program--capacity;
``(T) $5,000,000 for the Airport Cooperative Research
Program--environment;
``(U) $5,000,000 for the Airport Cooperative Research
Program--safety;
``(V) $3,469,000 for GPS civil requirements;
``(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
``(X) $8,907,000 for airports technology research--
capacity;
``(Y) $9,805,000 for airports technology research--safety;
``(15) for fiscal year 2010, $486,502,000, including--
``(A) $8,546,000 for fire research and safety;
``(B) $4,075,000 for propulsion and fuel systems;
``(C) $2,700,000 for advanced materials and structural
safety;
``(D) $3,608,000 for atmospheric hazards and digital system
safety;
``(E) $14,688,000 for aging aircraft;
``(F) $2,153,000 for aircraft catastrophic failure
prevention research;
``(G) $36,967,000 for flightdeck maintenance, system
integration, and human factors;
``(H) $8,334,000 for aviation safety risk analysis;
``(I) $15,471,000 for air traffic control, technical
operations, and human factors;
``(J) $7,149,000 for aeromedical research;
``(K) $23,286,000 for weather program;
``(L) $6,236,000 for unmanned aircraft systems research;
``(M) $18,100,000 for the Next Generation Air
Transportation System Joint Planning and Development Office;
``(N) $10,412,000 for wake turbulence;
``(O) $34,678,000 for environment and energy;
``(P) $1,827,000 for system planning and resource
management;
``(Q) $3,644,000 for William J. Hughes Technical Center
Laboratory Facility;
``(R) $90,000,000 for the Center for Advanced Aviation
System Development;
``(S) $5,000,000 for the Airport Cooperative Research
Program--capacity;
``(T) $5,000,000 for the Airport Cooperative Research
Program--environment;
``(U) $5,000,000 for the Airport Cooperative Research
Program--safety;
``(V) $3,416,000 for GPS civil requirements;
``(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
``(X) $8,907,000 for airports technology research--
capacity;
``(Y) $9,805,000 for airports technology research--safety;
and
``(16) for fiscal year 2011, $514,832,000, including--
``(A) $8,815,000 for fire research and safety;
``(B) $4,150,000 for propulsion and fuel systems;
``(C) $2,747,000 for advanced materials and structural
safety;
``(D) $3,687,000 for atmospheric hazards and digital system
safety;
``(E) $14,903,000 for aging aircraft;
``(F) $2,181,000 for aircraft catastrophic failure
prevention research;
``(G) $39,245,000 for flightdeck maintenance, system
integration and human factors;
``(H) $8,446,000 for aviation safety risk analysis;
``(I) $15,715,000 for air traffic control, technical
operations, and human factors;
``(J) $7,390,000 for aeromedical research;
``(K) $23,638,000 for weather program;
``(L) $6,295,000 for unmanned aircraft systems research;
``(M) $18,100,000 for the Next Generation Air
Transportation System Joint Planning and Development Office;
``(N) $10,471,000 for wake turbulence;
``(O) $34,811,000 for environment and energy;
``(P) $1,836,000 for system planning and resource
management;
``(Q) $3,758,000 for William J. Hughes Technical Center
Laboratory Facility;
``(R) $114,000,000 for Center for Advanced Aviation System
Development;
``(S) $5,000,000 for the Airport Cooperative Research
Program--capacity;
``(T) $5,000,000 for the Airport Cooperative Research
Program--environment;
``(U) $5,000,000 for the Airport Cooperative Research
Program--safety;
``(V) $3,432,000 for GPS civil requirements;
``(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
``(X) $8,907,000 for airports technology research--
capacity;
``(Y) $9,805,000 for airports technology research--
safety.''.
SEC. 105. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section
48114(a)(1)(A) is amended to read as follows:
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each fiscal
year through fiscal year 2011 pursuant to sections 48101,
48102, 48103, and 106(k) shall--
``(i) in each of fiscal years 2008 and 2009, be equal to 95
percent of the estimated level of receipts plus interest
credited to the Airport and Airway Trust Fund for that fiscal
year; and
``(ii) in each of fiscal years 2010 and 2011, be equal to
the sum of--
``(I) 95 percent of the estimated level of receipts plus
interest credited to the Airport and Airway Trust Fund for
that fiscal year; and
``(II) the actual level of receipts plus interest credited
to the Airport and Airway Trust Fund for the second preceding
fiscal year minus the total amount made available for
obligation from the Airport and Airway Trust Fund for the
second preceding fiscal year.
Such amounts may be used only for aviation investment
programs listed in subsection (b).''.
(b) Additional Authorizations of Appropriations From the
General Fund.--Section 48114(a)(2) is amended by striking
``2007'' and inserting ``2011''.
(c) Estimated Level of Receipts Plus Interest Defined.--
Section 48114(b)(2) is amended--
(1) in the paragraph heading by striking ``Level'' and
inserting ``Estimated level''; and
(2) by striking ``level of receipts plus interest'' and
inserting ``estimated level of receipts plus interest''.
(d) Enforcement of Guarantees.--Section 48114(c)(2) is
amended by striking ``2007'' and inserting ``2011''.
Subtitle B--Passenger Facility Charges
SEC. 111. PFC AUTHORITY.
(a) PFC Defined.--Section 40117(a)(5) is amended to read as
follows:
``(5) Passenger facility charge.--The term `passenger
facility charge' means a charge or fee imposed under this
section.''.
(b) Increase in PFC Maximum Level.--Section 40117(b)(4) is
amended by striking ``$4.00 or $4.50'' and inserting ``$4.00,
$4.50, $5.00, $6.00, or $7.00''.
(c) Pilot Program for PFC at Nonhub Airports.--Section
40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(d) Correction of References.--
(1) Section 40117.--Section 40117 is amended--
(A) in the section heading by striking ``fees'' and
inserting ``charges'';
(B) in the heading for subsection (e) by striking ``Fees''
and inserting ``Charges'';
(C) in the heading for subsection (l) by striking ``Fee''
and inserting ``Charge'';
[[Page H10653]]
(D) in the heading for paragraph (5) of subsection (l) by
striking ``fee'' and inserting ``charge'';
(E) in the heading for subsection (m) by striking ``Fees''
and inserting ``Charges'';
(F) in the heading for paragraph (1) of subsection (m) by
striking ``fees'' and inserting ``charges'';
(G) by striking ``fee'' each place it appears (other than
the second sentence of subsection (g)(4)) and inserting
``charge''; and
(H) by striking ``fees'' each place it appears and
inserting ``charges''.
(2) Other references.--Subtitle VII is amended by striking
``fee'' and inserting ``charge'' each place it appears in
each of the following sections:
(A) Section 47106(f)(1).
(B) Section 47110(e)(5).
(C) Section 47114(f).
(D) Section 47134(g)(1).
(E) Section 47139(b).
(F) Section 47524(e).
(G) Section 47526(2).
SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.
(a) In General.--Section 40117(a)(3) is amended by adding
at the end the following:
``(H) A project to construct secure bicycle storage
facilities that are to be used by passengers at the airport
and that are in compliance with applicable security
standards.''.
(b) Report to Congress.--Not later than one year after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to Congress a
report on the progress being made by airports to install
bicycle parking for airport customers and airport employees.
SEC. 113. NOISE COMPATIBILITY PROJECTS.
Section 40117(b) is amended by adding at the end the
following:
``(7) Noise mitigation for certain schools.--
``(A) In general.--In addition to the uses specified in
paragraphs (1), (4), and (6), the Secretary may authorize a
passenger facility charge imposed under paragraph (1) or (4)
at a large hub airport that is the subject of an amended
judgment and final order in condemnation filed on January 7,
1980, by the Superior Court of the State of California for
the county of Los Angeles, to be used for a project to carry
out noise mitigation for a building, or for the replacement
of a relocatable building with a permanent building, in the
noise impacted area surrounding the airport at which such
building is used primarily for educational purposes,
notwithstanding the air easement granted or any terms to the
contrary in such judgment and final order, if--
``(i) the Secretary determines that the building is
adversely affected by airport noise;
``(ii) the building is owned or chartered by the school
district that was the plaintiff in case number 986,442 or
986,446, which was resolved by such judgment and final order;
``(iii) the project is for a school identified in one of
the settlement agreements effective February 16, 2005,
between the airport and each of the school districts;
``(iv) in the case of a project to replace a relocatable
building with a permanent building, the eligible project
costs are limited to the actual structural construction costs
necessary to mitigate aircraft noise in instructional
classrooms to an interior noise level meeting current
standards of the Federal Aviation Administration; and
``(v) the project otherwise meets the requirements of this
section for authorization of a passenger facility charge.
``(B) Eligible project costs.--In subparagraph (A)(iv), the
term `eligible project costs' means the difference between
the cost of standard school construction and the cost of
construction necessary to mitigate classroom noise to the
standards of the Federal Aviation Administration.''.
SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.
Section 40117 is amended by adding at the end the
following:
``(n) Pilot Program for PFC Eligibility for Intermodal
Ground Access Projects.--
``(1) PFC eligibility.--Subject to the requirements of this
subsection, the Secretary shall establish a pilot program
under which the Secretary may authorize, at no more than 5
airports, a passenger facility charge imposed under
subsection (b)(1) or (b)(4) to be used to finance the
eligible cost of an intermodal ground access project.
``(2) Intermodal ground access project defined.--In this
section, the term `intermodal ground access project' means a
project for constructing a local facility owned or operated
by an eligible agency that is directly and substantially
related to the movement of passengers or property traveling
in air transportation.
``(3) Eligible costs.--
``(A) In general.--For purposes of paragraph (1), the
eligible cost of an intermodal ground access project shall be
the total cost of the project multiplied by the ratio that--
``(i) the number of individuals projected to use the
project to gain access to or depart from the airport; bears
to
``(ii) the total number of the individuals projected to use
the facility.
``(B) Determinations regarding projected project use.--
``(i) In general.--Except as provided by clause (ii), the
Secretary shall determine the projected use of a project for
purposes of subparagraph (A) at the time the project is
approved under this subsection.
``(ii) Public transportation projects.--In the case of a
project approved under this section to be financed in part
using funds administered by the Federal Transit
Administration, the Secretary shall use the travel
forecasting model for the project at the time such project is
approved by the Federal Transit Administration to enter
preliminary engineering to determine the projected use of the
project for purposes of subparagraph (A).''.
SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING
PASSENGERS.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a study to evaluate--
(1) the impacts on airports of accommodating connecting
passengers; and
(2) the treatment of airports at which the majority of
passengers are connecting passengers under the passenger
facility charge program authorized by section 40117 of title
49, United States Code.
(b) Contents of Study.--In conducting the study, the
Secretary shall review, at a minimum, the following:
(1) the differences in facility needs, and the costs for
constructing, maintaining, and operating those facilities,
for airports at which the majority of passengers are
connecting passengers as compared to airports at which the
majority of passengers are originating and destination
passengers;
(2) whether the costs to an airport of accommodating
additional connecting passengers differs from the cost of
accommodating additional originating and destination
passengers;
(3) for each airport charging a passenger facility charge,
the percentage of passenger facility charge revenue
attributable to connecting passengers and the percentage of
such revenue attributable to originating and destination
passengers;
(4) the potential effects on airport revenues of requiring
airports to charge different levels of passenger facility
charges on connecting passengers and originating and
destination passengers; and
(5) the added costs to air carriers of collecting passenger
facility charges under a system in which different levels of
passenger facility charges are imposed on connecting
passengers and originating and destination passengers.
(c) Report to Congress.--
(1) In general.--Not later than one year after the date of
initiation of the study, the Secretary shall submit to
Congress a report on the results of the study.
(2) Contents.--The report shall include--
(A) the findings of the Secretary on each of the subjects
listed in subsection (b); and
(B) recommendations, if any, of the Secretary based on the
results of the study for any changes to the passenger
facility charge program, including recommendations as to
whether different levels of passenger facility charges should
be imposed on connecting passengers and originating and
destination passengers.
Subtitle C--Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees.--Section 45301(b)
is amended to read as follows:
``(b) Establishment and Adjustment of Fees.--
``(1) In general.--In establishing and adjusting fees under
subsection (a), the Administrator shall ensure that the fees
are reasonably related to the Administration's costs, as
determined by the Administrator, of providing the services
rendered. Services for which costs may be recovered include
the costs of air traffic control, navigation, weather
services, training, and emergency services which are
available to facilitate safe transportation over the United
States and the costs of other services provided by the
Administrator, or by programs financed by the Administrator,
to flights that neither take off nor land in the United
States. The determination of such costs by the Administrator,
and the allocation of such costs by the Administrator to
services provided, are not subject to judicial review.
``(2) Adjustment of fees.--The Administrator shall adjust
the overflight fees established by subsection (a)(1) by
expedited rulemaking and begin collections under the adjusted
fees by October 1, 2008. In developing the adjusted
overflight fees, the Administrator may seek and consider the
recommendations offered by an aviation rulemaking committee
for overflight fees that are provided to the Administrator by
June 1, 2008, and are intended to ensure that overflight fees
are reasonably related to the Administrator's costs of
providing air traffic control and related services to
overflights.
``(3) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft operations in
en route or oceanic airspace.
``(4) Costs defined.--In this subsection, the term `costs'
includes those costs associated with the operation,
maintenance, leasing costs, and overhead expenses of the
services provided and the facilities and equipment used in
such services, including the projected costs for the period
during which the services will be provided.
``(5) Publication; comment.--The Administrator shall
publish in the Federal Register any fee schedule under this
section, including any adjusted overflight fee schedule, and
the associated collection process as an interim final rule,
pursuant to which public comment will be sought and a final
rule issued.''.
[[Page H10654]]
(b) Adjustments.--Section 45301 is amended by adding at the
end the following:
``(e) Adjustments.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the
fees established under this section.''.
SEC. 122. REGISTRATION FEES.
(a) In General.--Chapter 453 is amended by adding at the
end the following:
``Sec. 45305. Registration, certification, and related fees
``(a) General Authority and Fees.--The Administrator of the
Federal Aviation Administration shall establish the following
fees for services and activities of the Administration:
``(1) $130 for registering an aircraft.
``(2) $45 for replacing an aircraft registration.
``(3) $130 for issuing an original dealer's aircraft
certificate.
``(4) $105 for issuing an aircraft certificate (other than
an original dealer's aircraft certificate).
``(5) $80 for issuing a special registration number.
``(6) $50 for issuing a renewal of a special registration
number.
``(7) $130 for recording a security interest in an aircraft
or aircraft part.
``(8) $50 for issuing an airman certificate.
``(9) $25 for issuing a replacement airman certificate.
``(10) $42 for issuing an airman medical certificate.
``(11) $100 for providing a legal opinion pertaining to
aircraft registration or recordation.
``(b) Fees Credited as Offsetting Collections.--
``(1) In general.--Notwithstanding section 3302 of title
31, any fee authorized to be collected under this section
shall, subject to appropriation made in advance--
``(A) be credited as offsetting collections to the account
that finances the activities and services for which the fee
is imposed;
``(B) be available for expenditure only to pay the costs of
activities and services for which the fee is imposed; and
``(C) remain available until expended.
``(2) Continuing appropriations.--The Administrator may
continue to assess, collect, and spend fees established under
this section during any period in which the funding for the
Federal Aviation Administration is provided under an Act
providing continuing appropriations in lieu of the
Administration's regular appropriations.
``(3) Adjustments.--The Administrator shall periodically
adjust the fees established by subsection (a) when cost data
from the cost accounting system developed pursuant to section
45303(e) reveal that the cost of providing the service is
higher or lower than the cost data that were used to
establish the fee then in effect.''.
(b) Clerical Amendment.--The analysis for chapter 453 is
amended by adding at the end the following:
``45305. Registration, certification, and related fees.''.
(c) Fees Involving Aircraft Not Providing Air
Transportation.--Section 45302(e) is amended--
(1) by striking ``A fee'' and inserting the following:
``(1) In general.--A fee''; and
(2) by adding at the end the following:
``(2) Effect of imposition of other fees.--A fee may not be
imposed for a service or activity under this section during
any period in which a fee for the same service or activity is
imposed under section 45305.''.
Subtitle D--AIP Modifications
SEC. 131. AMENDMENTS TO AIP DEFINITIONS.
(a) Airport Development.--Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking ``20'' and
inserting ``9''; and
(2) by adding at the end the following:
``(M) construction of mobile refueler parking within a fuel
farm at a nonprimary airport meeting the requirements of
section 112.8 of title 40, Code of Federal Regulations.
``(N) terminal development under section 47119(a).
``(O) acquiring and installing facilities and equipment to
provide air conditioning, heating, or electric power from
terminal-based, non-exclusive use facilities to aircraft
parked at a public use airport for the purpose of reducing
energy use or harmful emissions as compared to the provision
of such air conditioning, heating, or electric power from
aircraft-based systems.''.
(b) Airport Planning.--Section 47102(5) is amended by
inserting before the period at the end the following: ``and
developing an environmental management system''.
(c) General Aviation Airport.--Section 47102 is amended--
(1) by redesignating paragraphs (23) through (25) as
paragraphs (25) through (27), respectively;
(2) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) `general aviation airport' means a public airport
that is located in a State and that, as determined by the
Secretary--
``(A) does not have scheduled service; or
``(B) has scheduled service with less that 2,500 passenger
boardings each year.''.
(d) Revenue Producing Aeronautical Support Facilities.--
Section 47102 is amended by inserting after paragraph (23)
(as redesignated by subsection (c)(2) of this section) the
following:
``(24) `revenue producing aeronautical support facilities'
means fuel farms, hangar buildings, self-service credit card
aeronautical fueling systems, airplane wash racks, major
rehabilitation of a hangar owned by a sponsor, or other
aeronautical support facilities that the Secretary determines
will increase the revenue producing ability of the
airport.''.
(e) Terminal Development.--Section 47102 is further amended
by adding at the end the following:
``(28) `terminal development' means--
``(A) development of--
``(i) an airport passenger terminal building, including
terminal gates;
``(ii) access roads servicing exclusively airport traffic
that leads directly to or from an airport passenger terminal
building; and
``(iii) walkways that lead directly to or from an airport
passenger terminal building; and
``(B) the cost of a vehicle described in section
47119(a)(1)(B).''.
SEC. 132. AMENDMENTS TO GRANT ASSURANCES.
(a) General Written Assurances.--Section
47107(a)(16)(D)(ii) is amended by inserting before the
semicolon at the end the following: ``, except in the case of
a relocation or replacement of an existing airport facility
that meets the conditions of section 47110(d)''.
(b) Written Assurances on Acquiring Land.--
(1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is
amended by striking ``paid to the Secretary'' and all that
follows before the semicolon and inserting ``reinvested in
another project at the airport or transferred to another
airport as the Secretary prescribes under paragraph (4)''.
(2) Eligible projects.--Section 47107(c) is amended by
adding at the end the following:
``(4) Priorities for reinvestment.--In approving the
reinvestment or transfer of proceeds under subsection
(c)(2)(A)(iii), the Secretary shall give preference, in
descending order, to the following actions:
``(A) Reinvestment in an approved noise compatibility
project.
``(B) Reinvestment in an approved project that is eligible
for funding under section 47117(e).
``(C) Reinvestment in an approved airport development
project that is eligible for funding under sections 47114,
47115, or 47117.
``(D) Transfer to a sponsor of another public airport to be
reinvested in an approved noise compatibility project at such
airport.
``(E) Payment to the Secretary for deposit in the Airport
and Airway Trust Fund.''.
(c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is
amended by striking ``the Fund'' and inserting ``the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502)''.
SEC. 133. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--
(1) in subsection (a) by striking ``provided in subsection
(b) or subsection (c) of this section'' and inserting
``otherwise specifically provided in this section''; and
(2) by adding at the end the following:
``(e) Special Rule for Transition From Small Hub to Medium
Hub Status.--If the status of a small hub airport changes to
a medium hub airport, the Government's share of allowable
project costs for the airport may not exceed 90 percent for
the first 2 fiscal years following such change in hub status.
``(f) Special Rule for Economically Depressed
Communities.--The Government's share of allowable project
costs shall be 95 percent for a project at an airport that--
``(1) is receiving subsidized air service under subchapter
II of chapter 417; and
``(2) is located in an area that meets one or more of the
criteria established in section 301(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as
determined by the Secretary of Commerce.''.
SEC. 134. AMENDMENTS TO ALLOWABLE COSTS.
(a) Allowable Project Costs.--Section 47110(b)(2) is
amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph
(D) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) if the cost is for airport development and is
incurred before execution of the grant agreement, but in the
same fiscal year as execution of the grant agreement, and
if--
``(i) the cost was incurred before execution of the grant
agreement due to the short construction season in the
vicinity of the airport;
``(ii) the cost is in accordance with an airport layout
plan approved by the Secretary and with all statutory and
administrative requirements that would have been applicable
to the project if the project had been carried out after
execution of the grant agreement;
``(iii) the sponsor notifies the Secretary before
authorizing work to commence on the project; and
``(iv) the sponsor's decision to proceed with the project
in advance of execution of the grant agreement does not
affect the priority assigned to the project by the Secretary
for the allocation of discretionary funds;''.
(b) Relocation of Airport-Owned Facilities.--Section
47110(d) is amended to read as follows:
``(d) Relocation of Airport-Owned Facilities.--The
Secretary may determine that
[[Page H10655]]
the costs of relocating or replacing an airport-owned
facility are allowable for an airport development project at
an airport only if--
``(1) the Government's share of such costs will be paid
with funds apportioned to the airport sponsor under section
47114(c)(1) or 47114(d);
``(2) the Secretary determines that the relocation or
replacement is required due to a change in the Secretary's
design standards; and
``(3) the Secretary determines that the change is beyond
the control of the airport sponsor.''.
(c) Nonprimary Airports.--Section 47110(h) is amended--
(1) by inserting ``construction of'' before ``revenue
producing''; and
(2) by striking ``, including fuel farms and hangars,''.
SEC. 135. UNIFORM CERTIFICATION TRAINING FOR AIRPORT
CONCESSIONS UNDER DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM.
(a) In General.--Section 47107(e) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) Mandatory training program for airport concessions.--
``(A) In general.--Not later than one year after the date
of enactment of the FAA Reauthorization Act of 2007, the
Secretary shall establish a mandatory training program for
persons described in subparagraph (C) on the certification of
whether a small business concern in airport concessions
qualifies as a small business concern owned and controlled by
a socially and economically disadvantaged individual for
purposes of paragraph (1).
``(B) Implementation.--The training program may be
implemented by one or more private entities approved by the
Secretary.
``(C) Participants.--A person referred to in paragraph (1)
is an official or agent of an airport owner or operator who
is required to provide a written assurance under paragraph
(1) that the airport owner or operator will meet the
percentage goal of paragraph (1) or who is responsible for
determining whether or not a small business concern in
airport concessions qualifies as a small business concern
owned and controlled by a socially and economically
disadvantaged individual for purposes of paragraph (1).
``(D) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this paragraph.''.
(b) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and other appropriate
committees of Congress a report on the results of the
training program conducted under the amendment made by
subsection (a).
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY DISABLED VETERANS.
Section 47112(c) is amended by adding at the end the
following:
``(3) A contract involving labor for carrying out an
airport development project under a grant agreement under
this subchapter must require that a preference be given to
the use of small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 1632)) owned and
controlled by disabled veterans.''.
SEC. 137. CALCULATION OF STATE APPORTIONMENT FUND.
Section 47114(d) is amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in paragraph (3), the
Secretary'' and inserting ``The Secretary''; and
(B) by striking ``18.5 percent'' and inserting ``10
percent''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Additional amount.--
``(A) In general.--In addition to amounts apportioned under
paragraph (2) and subject to subparagraph (B), the Secretary
shall apportion to each airport, excluding primary airports
but including reliever and nonprimary commercial service
airports, in States the lesser of--
``(i) $150,000; or
``(ii) 1/5 of the most recently published estimate of the
5-year costs for airport improvement for the airport, as
listed in the national plan of integrated airport systems
developed by the Federal Aviation Administration under
section 47103.
``(B) Reduction.--In any fiscal year in which the total
amount made available for apportionment under paragraph (2)
is less than $300,000,000, the Secretary shall reduce, on a
prorated basis, the amount to be apportioned under
subparagraph (A) and make such reduction available to be
apportioned under paragraph (2), so as to apportion under
paragraph (2) a minimum of $300,000,000.''.
SEC. 138. REDUCING APPORTIONMENTS.
Section 47114(f)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) in subparagraph (B)--
(A) by inserting ``except as provided by subparagraph
(C),'' before ``in the case''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(C) in the case of a charge of more than $4.50 imposed by
the sponsor of an airport enplaning at least one percent of
the total number of boardings each year in the United States,
100 percent of the projected revenues from the charge in the
fiscal year but not more than 100 percent of the amount that
otherwise would be apportioned under this section.''.
SEC. 139. MINIMUM AMOUNT FOR DISCRETIONARY FUND.
Section 47115(g)(1) is amended by striking ``sum of--'' and
all that follows through the period at the end of
subparagraph (B) and inserting ``sum of $520,000,000.''.
SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ``fiscal years
2004 through 2007'' and inserting ``fiscal years 2008 through
2011''.
SEC. 141. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) in the first sentence--
(A) by striking ``35 percent'' and inserting
``$300,000,000'';
(B) by striking ``and'' after ``47141,''; and
(C) by inserting before the period at the end the
following: ``, and for water quality mitigation projects to
comply with the Federal Water Pollution Control Act (33
U.S.C. 1251 et. seq.) as approved in an environmental record
of decision for an airport development project under this
title''; and
(2) in the second sentence by striking ``such 35 percent
requirement is'' and inserting ``the requirements of the
preceding sentence are''.
SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.
(a) In General.--Section 47133(b) is amended--
(1) by striking ``Subsection (a) shall not apply if'' and
inserting the following:
``(1) Prior laws and agreements.--Subsection (a) shall not
apply if''; and
(2) by adding at the end the following:
``(2) Sale of private airport to public sponsor.--In the
case of a privately owned airport, subsection (a) shall not
apply to the proceeds from the sale of the airport to a
public sponsor if--
``(A) the sale is approved by the Secretary;
``(B) funding is provided under this subtitle for any
portion of the public sponsor's acquisition of airport land;
and
``(C) an amount equal to the remaining unamortized portion
of any airport improvement grant made to that airport for
purposes other than land acquisition, amortized over a 20-
year period, plus an amount equal to the Federal share of the
current fair market value of any land acquired with an
airport improvement grant made to that airport, is repaid to
the Secretary by the private owner.
``(3) Treatment of repayments.--Repayments referred to in
paragraph (2)(C) shall be treated as a recovery of prior year
obligations.''.
(b) Applicability to Grants.--The amendments made by
subsection (a) shall apply to grants issued on or after
October 1, 1996.
SEC. 143. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) Approval Requirements.--Section 47134 is amended in
subsections (b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and
(c)(4)(B) by striking ``65 percent'' each place it appears
and inserting ``75 percent''.
(b) Prohibition on Receipt of Funds.--
(1) Section 47134.--Section 47134 is amended by adding at
the end the following:
``(n) Prohibition on Receipt of Certain Funds.--An airport
receiving an exemption under subsection (b) shall be
prohibited from receiving apportionments under section 47114
or discretionary funds under section 47115.''.
(2) Conforming amendments.--Section 47134(g) is amended--
(A) in the subsection heading by striking
``Apportionments;'';
(B) in paragraph (1) by striking the semicolon at the end
and inserting ``; or'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
(c) Federal Share of Project Costs.--Section 47109(a) is
amended--
(1) by striking the semicolon at the end of paragraph (3)
and inserting ``; and'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 144. AIRPORT SECURITY PROGRAM.
Section 47137(g) is amended by striking ``$5,000,000'' and
inserting ``$8,500,000''.
SEC. 145. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT
DEVELOPMENT RIGHTS.
Section 47138 is amended by adding at the end the
following:
``(f) Sunset.--This section shall not be in effect after
September 30, 2007.''.
SEC. 146. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND
USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.
Section 47141(f) is amended by striking ``September 30,
2007'' and inserting ``September 30, 2011''.
SEC. 147. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to such section in the
analysis for chapter 491, are repealed.
SEC. 148. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking
``October 1, 2007'' and inserting ``October 1, 2011''.
SEC. 149. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated
Airport Systems.--Section 47103 is amended--
[[Page H10656]]
(1) in subsection (a)--
(A) by striking ``each airport to--'' and inserting ``the
airport system to--'';
(B) in paragraph (1) by striking ``system in the particular
area;'' and inserting ``system, including connection to the
surface transportation network; and'';
(C) in paragraph (2) by striking ``; and'' and inserting a
period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) in paragraph (1) by striking the semicolon and
inserting ``; and'';
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated) by striking ``,
Short Takeoff and Landing/Very Short Takeoff and Landing
aircraft operations,''; and
(3) in subsection (d) by striking ``status of the''.
(b) Update Veterans Preference Definition.--Section
47112(c) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``separated from'' and
inserting ``discharged or released from active duty in''; and
(B) by adding at the end the following:
``(C) `Afghanistan-Iraq war veteran' means an individual
who served on active duty (as defined by section 101 of title
38) in the armed forces for a period of more than 180
consecutive days, any part of which occurred during the
period beginning on September 11, 2001, and ending on the
date prescribed by presidential proclamation or by law as the
last date of Operation Iraqi Freedom, and who was separated
from the armed forces under honorable conditions.''; and
(2) in paragraph (2) by striking ``veterans and'' and
inserting ``veterans, Afghanistan-Iraq war veterans, and''.
(c) Consolidation of Terminal Development Provisions.--
Section 47119 is amended--
(1) by redesignating subsections (a), (b), (c) and (d) as
subsections (b), (c), (d) and (e), respectively; and
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Terminal Development Projects.--
``(1) In general.--The Secretary may approve a project for
terminal development (including multimodal terminal
development) in a nonrevenue-producing public-use area of a
commercial service airport--
``(A) if the sponsor certifies that the airport, on the
date the grant application is submitted to the Secretary,
has--
``(i) all the safety equipment required for certification
of the airport under section 44706;
``(ii) all the security equipment required by regulation;
and
``(iii) provided for access by passengers to the area of
the airport for boarding or exiting aircraft that are not air
carrier aircraft;
``(B) if the cost is directly related to moving passengers
and baggage in air commerce within the airport, including
vehicles for moving passengers between terminal facilities
and between terminal facilities and aircraft; and
``(C) under terms necessary to protect the interests of the
Government.
``(2) Project in revenue-producing areas and nonrevenue-
producing parking lots.--In making a decision under paragraph
(1), the Secretary may approve as allowable costs the
expenses of terminal development in a revenue-producing area
and construction, reconstruction, repair, and improvement in
a nonrevenue-producing parking lot if--
``(A) except as provided in section 47108(e)(3), the
airport does not have more than .05 percent of the total
annual passenger boardings in the United States; and
``(B) the sponsor certifies that any needed airport
development project affecting safety, security, or capacity
will not be deferred because of the Secretary's approval.'';
(3) in paragraphs (3) and (4)(A) of subsection (b) (as
redesignated by paragraph (1) of this subsection) by striking
``section 47110(d)'' and inserting ``subsection (a)''; and
(4) in paragraph (5) of subsection (b) (as redesignated by
paragraph (1) of this subsection) by striking ``subsection
(b)(1) and (2)'' and inserting ``subsections (c)(1) and
(c)(2)'';
(5) in paragraphs (2)(A), (3), and (4) of subsection (c)
(as redesignated by paragraph (1) of this subsection) by
striking ``section 47110(d) of this title'' and inserting
``subsection (a)'';
(6) in paragraph (2)(B) of subsection (c) (as redesignated
by paragraph (1) of this subsection) by striking ``section
47110(d)'' and inserting ``subsection (a)'';
(7) in subsection (c)(5) (as redesignated by paragraph (1)
of this subsection) by striking ``section 47110(d)'' and
inserting ``subsection (a)''; and
(8) by adding at the end the following:
``(f) Limitation on Discretionary Funds.--The Secretary may
distribute not more than $20,000,000 from the discretionary
fund established under section 47115 for terminal development
projects at a nonhub airport or a small hub airport that is
eligible to receive discretionary funds under section
47108(e)(3).''.
(d) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June 1''; and
(2) by striking paragraphs (1), (2), (3), and (4) and
inserting the following:
``(1) a summary of airport development and planning
completed;
``(2) a summary of individual grants issued;
``(3) an accounting of discretionary and apportioned funds
allocated;
``(4) the allocation of appropriations; and''.
(e) Correction to Emission Credits Provision.--Section
47139 is amended--
(1) in subsection (a) by striking ``47102(3)(F),''; and
(2) in subsection (b)--
(A) by striking ``47102(3)(F),''; and
(B) by striking ``47103(3)(F),''.
(f) Conforming Amendment to Civil Penalty Assessment
Authority.--Section 46301(d)(2) is amended by inserting
``46319,'' after ``46318,''.
(g) Other Conforming Amendments.--Sections 40117(a)(3)(B)
and 47108(e)(3) are each amended by striking ``section
47110(d)'' each place it appears and inserting ``section
47119(a)''.
(h) Correction to Surplus Property Authority.--Section
47151(e) is amended by striking ``(other than real property''
and all that follows through ``(10 U.S.C. 2687 note))''.
(i) Airport Capacity Benchmark Reports.--Section 47175(2)
is amended by striking ``Airport Capacity Benchmark Report
2001'' and inserting ``2001 and 2004 Airport Capacity
Benchmark Reports or table 1 of the Federal Aviation
Administration's most recent airport capacity benchmark
report''.
TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC
CONTROL MODERNIZATION
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States faces a great national challenge as
the Nation's aviation infrastructure is at a crossroads.
(2) The demand for aviation services, a critical element of
the United States economy, vital in supporting the quality of
life of the people of the United States, and critical in
support of the Nation's defense and national security, is
growing at an ever increasing rate. At the same time, the
ability of the United States air transportation system to
expand and change to meet this increasing demand is limited.
(3) The aviation industry accounts for more than 10,000,000
jobs in the United States and contributes approximately
$900,000,000,000 annually to the United States gross domestic
product.
(4) The United States air transportation system continues
to drive economic growth in the United States and will
continue to be a major economic driver as air traffic triples
over the next 20 years.
(5) The Next Generation Air Transportation System (in this
section referred to as the ``NextGen System'') is the system
for achieving long-term transformation of the United States
air transportation system that focuses on developing and
implementing new technologies and that will set the stage for
the long-term development of a scalable and more flexible air
transportation system without compromising the unprecedented
safety record of United States aviation.
(6) The benefits of the NextGen System, in terms of
promoting economic growth and development, are enormous.
(7) The NextGen System will guide the path of the United
States air transportation system in the challenging years
ahead.
(b) Sense of Congress.--It is the sense of Congress that--
(1) modernizing the air transportation system is a national
priority and the United States must make a commitment to
revitalizing this essential component of the Nation's
transportation infrastructure;
(2) one fundamental requirement for the success of the
NextGen System is strong leadership and sufficient resources;
(3) the Joint Planning and Development Office of the
Federal Aviation Administration and the Next Generation Air
Transportation System Senior Policy Committee, each
established by Congress in 2003, will lead and facilitate
this important national mission to ensure that the programs
and capabilities of the NextGen System are carefully
integrated and aligned;
(4) Government agencies and industry must work together,
carefully integrating and aligning their work to meet the
needs of the NextGen System in the development of budgets,
programs, planning, and research;
(5) the Department of Transportation, the Federal Aviation
Administration, the Department of Defense, the Department of
Homeland Security, the Department of Commerce, and the
National Aeronautics and Space Administration must work in
cooperation and make transformational improvements to the
United States air transportation infrastructure a priority;
and
(6) due to the critical importance of the NextGen System to
the economic and national security of the United States,
partner departments and agencies must be provided with the
resources required to complete the implementation of the
NextGen System.
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT
PLANNING AND DEVELOPMENT OFFICE.
(a) Establishment.--
(1) Associate administrator for the next generation air
transportation system.--Section 709(a) of Vision 100--Century
of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117
Stat. 2582) is amended--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following:
[[Page H10657]]
``(2) The director of the Office shall be the Associate
Administrator for the Next Generation Air Transportation
System, who shall be appointed by the Administrator of the
Federal Aviation Administration. The Associate Administrator
shall report to the Administrator.''.
(2) Responsibilities.--Section 709(a)(3) of such Act (as
redesignated by paragraph (1) of this subsection) is
amended--
(A) in subparagraph (G) by striking ``; and'' and inserting
a semicolon;
(B) in subparagraph (H) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(I) establishing specific quantitative goals for the
safety, capacity, efficiency, performance, and environmental
impacts of each phase of Next Generation Air Transportation
System implementation activities and measuring actual
operational experience against those goals, taking into
account noise pollution reduction concerns of affected
communities to the greatest extent practicable in
establishing the environmental goals;
``(J) working to ensure global interoperability of the Next
Generation Air Transportation System;
``(K) working to ensure the use of weather information and
space weather information in the Next Generation Air
Transportation System as soon as possible;
``(L) overseeing, with the Administrator of the Federal
Aviation Administration, the selection of products or
outcomes of research and development activities that would be
moved to the next stage of a demonstration project; and
``(M) maintaining a baseline modeling and simulation
environment for testing and evaluating alternative concepts
to satisfy Next Generation Air Transportation enterprise
architecture requirements.''.
(3) Cooperation with other federal agencies.--Section
709(a)(4) of such Act (as redesignated by paragraph (1) of
this subsection) is amended--
(A) by striking ``(4)'' and inserting ``(4)(A)''; and
(B) by adding at the end the following:
``(B) The Secretary of Defense, the Administrator of the
National Aeronautics and Space Administration, the Secretary
of Commerce, the Secretary of Homeland Security, and the head
of any other Federal agency from which the Secretary of
Transportation requests assistance under subparagraph (A)
shall designate a senior official in the agency to be
responsible for--
``(i) carrying out the activities of the agency relating to
the Next Generation Air Transportation System in coordination
with the Office, including the execution of all aspects of
the work of the agency in developing and implementing the
integrated work plan described in subsection (b)(5);
``(ii) serving as a liaison for the agency in activities of
the agency relating to the Next Generation Air Transportation
System and coordinating with other Federal agencies involved
in activities relating to the System; and
``(iii) ensuring that the agency meets its obligations as
set forth in any memorandum of understanding executed by or
on behalf of the agency relating to the Next Generation Air
Transportation System.
``(C) The head of a Federal agency referred to in
subparagraph (B) shall ensure that--
``(i) the responsibilities of the agency relating to the
Next Generation Air Transportation System are clearly
communicated to the senior official of the agency designated
under subparagraph (B); and
``(ii) the performance of the senior official in carrying
out the responsibilities of the agency relating to the Next
Generation Air Transportation System is reflected in the
official's annual performance evaluations and compensation.
``(D) The head of a Federal agency referred to in
subparagraph (B) shall--
``(i) establish or designate an office within the agency to
carry out its responsibilities under the memorandum of
understanding under the supervision of the designated
official; and
``(ii) ensure that the designated official has sufficient
budgetary authority and staff resources to carry out the
agency's Next Generation Air Transportation System
responsibilities as set forth in the integrated plan under
subsection (b).
``(E) Not later than 6 months after the date of enactment
of this subparagraph, the head of each Federal agency that
has responsibility for carrying out any activity under the
integrated plan under subsection (b) shall execute a
memorandum of understanding with the Office obligating that
agency to carry out the activity.''.
(4) Coordination with omb.--Section 709(a) of such Act (117
Stat. 2582) is further amended by adding at the end the
following:
``(6)(A) The Office shall work with the Director of the
Office of Management and Budget to develop a process whereby
the Director will identify projects related to the Next
Generation Air Transportation System across the agencies
referred to in paragraph (4)(A) and consider the Next
Generation Air Transportation System as a unified, cross-
agency program.
``(B) The Director, to the maximum extent practicable,
shall--
``(i) ensure that--
``(I) each Federal agency covered by the plan has
sufficient funds requested in the President's budget, as
submitted under section 1105(a) of title 31, United States
Code, for each fiscal year covered by the plan to carry out
its responsibilities under the plan; and
``(II) the development and implementation of the Next
Generation Air Transportation System remains on schedule;
``(ii) include, in the President's budget, a statement of
the portion of the estimated budget of each Federal agency
covered by the plan that relates to the activities of the
agency under the Next Generation Air Transportation System
initiative; and
``(iii) identify and justify as part of the President's
budget submission any inconsistencies between the plan and
amounts requested in the budget.
``(7) The Associate Administrator of the Next Generation
Air Transportation System shall be a voting member of the
Joint Resources Council of the Federal Aviation
Administration.''.
(b) Integrated Plan.--Section 709(b) of such Act (117 Stat.
2583) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``meets air'' and inserting ``meets
anticipated future air''; and
(B) by striking ``beyond those currently included in the
Federal Aviation Administration's operational evolution
plan'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) a multiagency integrated work plan for the Next
Generation Air Transportation System that includes--
``(A) an outline of the activities required to achieve the
end-state architecture, as expressed in the concept of
operations and enterprise architecture documents, that
identifies each Federal agency or other entity responsible
for each activity in the outline;
``(B) details on a year-by-year basis of specific
accomplishments, activities, research requirements,
rulemakings, policy decisions, and other milestones of
progress for each Federal agency or entity conducting
activities relating to the Next Generation Air Transportation
System;
``(C) for each element of the Next Generation Air
Transportation System, an outline, on a year-by-year basis,
of what is to be accomplished in that year toward meeting the
Next Generation Air Transportation System's end-state
architecture, as expressed in the concept of operations and
enterprise architecture documents, as well as identifying
each Federal agency or other entity that will be responsible
for each component of any research, development, or
implementation program;
``(D) an estimate of all necessary expenditures on a year-
by-year basis, including a statement of each Federal agency
or entity's responsibility for costs and available resources,
for each stage of development from the basic research stage
through the demonstration and implementation phase;
``(E) a clear explanation of how each step in the
development of the Next Generation Air Transportation System
will lead to the following step and of the implications of
not successfully completing a step in the time period
described in the integrated work plan;
``(F) a transition plan for the implementation of the Next
Generation Air Transportation System that includes date-
specific milestones for the implementation of new
capabilities into the national airspace system; and
``(G) date-specific timetables for meeting the
environmental goals identified in subsection (a)(3)(I).''.
(c) Operational Evolution Partnership.--Section 709(d) of
such Act (117 Stat. 2584) is amended to read as follows:
``(d) Operational Evolution Partnership.--The Administrator
of the Federal Aviation Administration shall develop and
publish annually the document known as the `Operational
Evolution Partnership', or any successor document, that
provides a detailed description of how the agency is
implementing the Next Generation Air Transportation
System.''.
(d) Authorization of Appropriations.--Section 709(e) of
such Act (117 Stat. 2584) is amended by striking ``2010'' and
inserting ``2011''.
(e) Contingency Planning.--The Associate Administrator for
the Next Generation Air Transportation System shall, as part
of the design of the System, develop contingency plans for
dealing with the degradation of the System in the event of a
natural disaster, major equipment failure, or act of
terrorism.
SEC. 203. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY
COMMITTEE.
(a) Meetings.--Section 710(a) of Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat.
2584) is amended by inserting before the period at the end
the following ``and shall meet at least twice each year''.
(b) Annual Report.--Section 710 of such Act (117 Stat.
2584) is amended by adding at the end the following:
``(e) Annual Report.--
``(1) Submission to congress.--Not later than one year
after the date of enactment of this subsection, and annually
thereafter on the date of submission of the President's
budget request to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the
progress made in carrying out the integrated
[[Page H10658]]
work plan required by section 709(b)(5) and any changes in
that plan.
``(2) Contents.--The report shall include--
``(A) a copy of the updated integrated work plan;
``(B) a description of the progress made in carrying out
the integrated work plan and any changes in that plan,
including any changes based on funding shortfalls and
limitations set by the Office of Management and Budget;
``(C) a detailed description of--
``(i) the success or failure of each item of the integrated
work plan for the previous year and relevant information as
to why any milestone was not met; and
``(ii) the impact of not meeting the milestone and what
actions will be taken in the future to account for the
failure to complete the milestone;
``(D) an explanation of any change to future years in the
integrated work plan and the reasons for such change; and
``(E) an identification of the levels of funding for each
agency participating in the integrated work plan devoted to
programs and activities under the plan for the previous
fiscal year and in the President's budget request.''.
SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST
SERVICES.
(a) Report on FAA Program and Schedule.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall prepare a report detailing the program
and schedule for integrating automatic dependent
surveillance-broadcast (in this section referred to as ``ADS-
B'') technology into the national airspace system.
(2) Contents.--The report shall include--
(A) a description of segment 1 and segment 2 activity to
acquire ADS-B services;
(B) a description of plans for implementation of advanced
operational procedures and ADS-B air-to-air applications; and
(C) a discussion of protections that the Administration
will require as part of any contract or program in the event
of a contractor's default, bankruptcy, acquisition by another
entity, or any other event jeopardizing the uninterrupted
provision of ADS-B services.
(3) Submission to congress.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the
report prepared under paragraph (1).
(b) Requirements of FAA Contracts for ADS-B Services.--Any
contract entered into by the Administrator with an entity to
acquire ADS-B services shall contain terms and conditions
that--
(1) require approval by the Administrator before the
contract may be assigned to or assumed by another entity,
including any successor entity, subsidiary of the contractor,
or other corporate entity;
(2) provide that the assets, equipment, hardware, and
software used in the performance of the contract be
designated as critical national infrastructure for national
security and related purposes;
(3) require the contractor to provide continued broadcast
services for a reasonable period, as determined by the
Administrator, until the provision of such services can be
transferred to another vendor or to the Government in the
event of a termination of the contract;
(4) require the contractor to provide continued broadcast
services for a reasonable period, as determined by the
Administrator, until the provision of such services can be
transferred to another vendor or to the Government in the
event of material nonperformance, as determined by the
Administrator; and
(5) permit the Government to acquire or utilize for a
reasonable period, as determined by the Administrator, the
assets, equipment, hardware, and software necessary to ensure
the continued and uninterrupted provision of ADS-B services
and to have ready access to such assets, equipment, hardware,
and software through its own personnel, agents, or others, if
the Administrator provides reasonable compensation for such
acquisition or utilization.
(c) Review by DOT Inspector General.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a review concerning the Federal
Aviation Administration's award and oversight of any contract
entered into by the Administration to provide ADS-B services
for the national airspace system.
(2) Contents.--The review shall include, at a minimum--
(A) an examination of how program risks are being managed;
(B) an assessment of expected benefits attributable to the
deployment of ADS-B services, including the implementation of
advanced operational procedures and air-to-air applications
as well as to the extent to which ground radar will be
retained;
(C) a determination of whether the Administration has
established sufficient mechanisms to ensure that all design,
acquisition, operation, and maintenance requirements have
been met by the contractor;
(D) an assessment of whether the Administration and any
contractors are meeting cost, schedule, and performance
milestones, as measured against the original baseline of the
Administration's program for providing ADS-B services;
(E) an assessment of whether security issues are being
adequately addressed in the overall design and implementation
of the ADS-B system; and
(F) any other matters or aspects relating to contract
implementation and oversight that the Inspector General
determines merit attention.
(3) Reports to congress.--The Inspector General shall
periodically, on at least an annual basis, submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the review conducted under this subsection.
SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL
MODERNIZATION PROJECTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall establish a process for including in the
planning, development, and deployment of air traffic control
modernization projects (including the Next Generation Air
Transportation System) and collaborating with qualified
employees selected by each exclusive collective bargaining
representative of employees of the Administration who are
likely to be impacted by such planning, development, and
deployment.
(b) Participation.--
(1) Bargaining obligations and rights.--Participation in
the process described in subsection (a) shall not be
construed as a waiver of any bargaining obligations or rights
under section 40122(a)(1) or 40122(g)(2)(C) of title 49,
United States Code.
(2) Capacity and compensation.--Exclusive collective
bargaining representatives and selected employees
participating in the process described in subsection (a)
shall--
(A) serve in a collaborative and advisory capacity; and
(B) receive appropriate travel and per diem expenses in
accordance with the travel policies of the Administration in
addition to any regular compensation and benefits.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
implementation of this section.
SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH
TRANSFORMING TO THE NEXT GENERATION AIR
TRANSPORTATION SYSTEM.
(a) In General.--The Comptroller General shall conduct a
review of the progress and challenges associated with
transforming the Nation's air traffic control system into the
Next Generation Air Transportation System (in this section
referred to as the ``NextGen System'').
(b) Review.--The review shall include the following:
(1) An evaluation of the continued implementation and
institutionalization of the processes that are key to the
ability of the Air Traffic Organization to effectively
maintain management structures and systems acquisitions
procedures utilized under the current air traffic control
modernization program as a basis for the NextGen System.
(2) An assessment of the progress and challenges associated
with collaboration and contributions of the partner agencies
working with the Joint Planning and Development Office of the
Federal Aviation Administration (in this section referred to
as the ``JPDO'') in planning and implementing the NextGen
System.
(3) The progress and challenges associated with
coordinating government and industry stakeholders in
activities relating to the NextGen System, including an
assessment of the contributions of the NextGen Institute.
(4) An assessment of planning and implementation of the
NextGen System against established schedules, milestones, and
budgets.
(5) An evaluation of the recently modified organizational
structure of the JPDO.
(6) An examination of transition planning by the Air
Traffic Organization and the JPDO.
(7) Any other matters or aspects of planning and
coordination of the NextGen System by the Federal Aviation
Administration and the JPDO that the Comptroller General
determines appropriate.
(c) Reports.--
(1) Report to congress on priorities.--Not later than one
year after the date of enactment of this Act, the Comptroller
General shall determine the priority of topics to be reviewed
under this section and report such priorities to the
Committee on Transportation and Infrastructure and the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Periodic reports to congress on results of the
review.--The Comptroller General shall periodically submit to
the committees referred to in paragraph (1) a report on the
results of the review conducted under this section.
SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION
SYSTEM ACQUISITION AND PROCEDURES DEVELOPMENT.
(a) Study.--The Comptroller General shall conduct a review
of the progress made and challenges related to the
acquisition of designated technologies and the development of
procedures for the Next Generation Air Transportation System
(in this section referred to as the ``NextGen System'').
[[Page H10659]]
(b) Specific Systems Review.--The review shall include, at
a minimum, an examination of the acquisition costs, schedule,
and other relevant considerations for the following systems:
(1) En Route Automation Modernization (ERAM).
(2) Standard Terminal Automation Replacement System/Common
Automated Radar Terminal System (STARS/CARTS).
(3) Automatic Dependent Surveillance-Broadcast (ADS-B).
(4) System Wide Information Management (SWIM).
(5) Traffic Flow Management Modernization (TFM-M).
(c) Review.--The review shall include, at a minimum, an
assessment of the progress and challenges related to the
development of standards, regulations, and procedures that
will be necessary to implement the NextGen System, including
required navigation performance, area navigation, the
airspace management program, and other programs and
procedures that the Comptroller General identifies as
relevant to the transformation of the air traffic system.
(d) Periodic Reports to Congress on Results of the
Review.--The Comptroller General shall periodically submit to
the Committee on Transportation and Infrastructure and the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review conducted under this section.
SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL AND
APPROACH PROCEDURES BY A THIRD PARTY.
(a) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding the
effectiveness of the oversight activities conducted by the
Federal Aviation Administration in connection with any
agreement with or delegation of authority to a third party
for the development of flight procedures for the national
airspace system.
(b) Assessments.--The Inspector General shall include, at a
minimum, in the review--
(1) an assessment of the extent to which the Federal
Aviation Administration is relying or intends to rely on a
third party for the development of new procedures and a
determination of whether the Administration has established
sufficient mechanisms and staffing to provide safety
oversight of a third party; and
(2) an assessment regarding whether the Administration has
sufficient existing personnel and technical resources or
mechanisms to develop such flight procedures in a safe and
efficient manner to meet the demands of the national airspace
system without the use of third party resources.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Inspector General shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review conducted under this section, including
the assessments described in subsection (b).
SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXT
GENERATION AIR TRANSPORTATION SYSTEM.
(a) Review.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the
National Research Council to review the enterprise
architecture for the Next Generation Air Transportation
System.
(b) Contents.--At a minimum, the review to be conducted
under subsection (a) shall--
(1) highlight the technical activities, including human-
system design, organizational design, and other safety and
human factor aspects of the system, that will be necessary to
successfully transition current and planned modernization
programs to the future system envisioned by the Joint
Planning and Development Office of the Administration;
(2) assess technical, cost, and schedule risk for the
software development that will be necessary to achieve the
expected benefits from a highly automated air traffic
management system and the implications for ongoing
modernization projects; and
(3) include judgments on how risks with automation efforts
for the Next Generation Air Transportation System can be
mitigated based on the experiences of other public or private
entities in developing complex, software-intensive systems.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review
conducted pursuant to subsection (a).
SEC. 210. NEXTGEN TECHNOLOGY TESTBED.
Of amounts appropriated under section 48101(a) of title 49,
United States Code, the Administrator of the Federal Aviation
Administration shall use such sums as may be necessary for
each of the fiscal years 2008 through 2011 to contribute to
the establishment by a public-private partnership (including
a university component with significant aviation expertise in
air traffic management, simulation, meteorology, and
engineering and aviation business) an airport-based testing
site for existing Next Generation Air Transport System
technologies. The Administrator shall ensure that next
generation air traffic control integrated systems developed
by private industries are installed at the site for
demonstration, operational research, and evaluation by the
Administration. The testing site shall serve a mix of general
aviation and commercial traffic.
SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO
REIMBURSABLE AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting
``with or'' before ``without reimbursement''.
SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) runway lighting and airport surface visual and other
navigation aids;
``(C) aeronautical and meteorological information to air
traffic control facilities or aircraft;
``(D) communication, navigation, or surveillance equipment
for air-to-ground or air-to-air applications;'';
(3) in subparagraph (E) (as redesignated by paragraph (1)
of this section)--
(A) by striking ``another structure'' and inserting ``any
structure, equipment,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(F) buildings, equipment, and systems dedicated to the
national airspace system.''.
SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a)(2) is amended by striking ``compensation''
and inserting ``compensation, and the amount received shall
be credited as an offsetting collection to the account from
which the amount was expended and shall remain available
until expended''.
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by striking the semicolon at the end of paragraph (3)
and inserting ``; and'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) in paragraph (1)--
(A) by inserting ``public and private'' before ``foreign
aviation authorities''; and
(B) by striking the period at the end of the first sentence
and inserting ``or efficiency. The Administrator may
participate in, and submit offers in response to,
competitions to provide such services and may contract with
foreign aviation authorities to provide such services
consistent with section 106(l)(6). Notwithstanding any other
provision of law or policy, the Administrator may accept
payments received under this subsection in arrears.''; and
(2) in paragraph (3) by striking ``credited'' and all that
follows through the period at the end and inserting
``credited as an offsetting collection to the account from
which the expenses were incurred in providing such services
and shall remain available until expended.''.
SEC. 216. FRONT LINE MANAGER STAFFING.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study on front line
manager staffing requirements in air traffic control
facilities.
(b) Considerations.--In conducting the study, the
Administrator shall take into consideration--
(1) the number of supervisory positions of operation
requiring watch coverage in each air traffic control
facility;
(2) coverage requirements in relation to traffic demand;
(3) facility type;
(4) complexity of traffic and managerial responsibilities;
(5) proficiency and training requirements; and
(6) such other factors as the Administrator considers
appropriate.
(c) Determinations.--The Administrator shall transmit any
determinations made as a result of the study to the Chief
Operating Officer for the air traffic control system.
(d) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study and a description of any determinations submitted
to the Chief Operating Officer under subsection (c).
SEC. 217. FLIGHT SERVICE STATIONS.
(a) Establishment of Monitoring System.--Not later than 60
days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
develop and implement a monitoring system for flight service
specialist staffing and training under service contracts for
flight service stations.
(b) Components.--At a minimum, the monitoring system shall
include mechanisms to monitor--
(1) flight specialist staffing plans for individual
facilities;
(2) actual staffing levels for individual facilities;
(3) the initial and recurrent certification and training of
flight service specialists on the safety, operational, and
technological aspects of flight services, including any
certification and training necessary to meet user demand; and
[[Page H10660]]
(4) system outages, excessive hold times, dropped calls,
poor quality briefings, and any other safety or customer
service issues under a contract for flight service station
services.
(c) Report to Congress.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
containing--
(1) a description of monitoring system;
(2) if the Administrator determines that contractual
changes or corrective actions are required for the
Administration to ensure that the vendor under a contract for
flight service station services provides safe and high
quality service to consumers, a description of the changes or
actions required; and
(3) a description of the contingency plans of the
Administrator and the protections that the Administrator will
have in place to provide uninterrupted flight service station
services in the event of--
(A) material non-performance of the contract;
(B) a vendor's default, bankruptcy, or acquisition by
another entity; or
(C) any other event that could jeopardize the uninterrupted
provision of flight service station services.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. AGE STANDARDS FOR PILOTS.
(a) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44729. Age standards for pilots
``(a) In General.--Subject to the limitation in subsection
(c), a pilot may serve in multicrew covered operations until
attaining 65 years of age.
``(b) Covered Operations Defined.--In this section, the
term `covered operations' means operations under part 121 of
title 14, Code of Federal Regulations.
``(c) Limitation for International Flights.--
``(1) Applicability of icao standard.--A pilot who has
attained 60 years of age may serve as pilot-in-command in
covered operations between the United States and another
country only if there is another pilot in the flight deck
crew who has not yet attained 60 years of age.
``(2) Sunset of limitation.--Paragraph (1) shall cease to
be effective on such date as the Convention on International
Civil Aviation provides that a pilot who has attained 60
years of age may serve as pilot-in-command in international
commercial operations without regard to whether there is
another pilot in the flight deck crew who has not attained
age 60.
``(d) Sunset of Age-60 Retirement Rule.--On and after the
date of enactment of this section, section 121.383(c) of
title 14, Code of Federal Regulations, shall cease to be
effective.
``(e) Applicability.--
``(1) Nonretroactivity.--No person who has attained 60
years of age before the date of enactment of this section may
serve as a pilot for an air carrier engaged in covered
operations unless--
``(A) such person is in the employment of that air carrier
in such operations on such date of enactment as a required
flight deck crew member; or
``(B) such person is newly hired by an air carrier as a
pilot on or after such date of enactment without credit for
prior seniority or prior longevity for benefits or other
terms related to length of service prior to the date of
rehire under any labor agreement or employment policies of
the air carrier.
``(2) Protection for compliance.--An action taken in
conformance with this section, taken in conformance with a
regulation issued to carry out this section, or taken prior
to the date of enactment of this section in conformance with
section 121.383(c) of title 14, Code of Federal Regulations
(as in effect before such date of enactment), may not serve
as a basis for liability or relief in a proceeding before any
court or agency of the United States or of any State or
locality.
``(f) Amendments to Labor Agreements and Benefit Plans.--
Any amendment to a labor agreement or benefit plan of an air
carrier that is required to conform with the requirements of
this section or a regulation issued to carry out this
section, and is applicable to pilots represented for
collective bargaining, shall be made by agreement of the air
carrier and the designated bargaining representative of the
pilots of the air carrier.
``(g) Medical Standards and Records.--
``(1) Medical examinations and standards.--Except as
provided by paragraph (2), a person serving as a pilot for an
air carrier engaged in covered operations shall not be
subject to different medical standards, or different,
greater, or more frequent medical examinations, on account of
age unless the Secretary determines (based on data received
or studies published after the date of enactment of this
section) that different medical standards, or different,
greater, or more frequent medical examinations, are needed to
ensure an adequate level of safety in flight.
``(2) Duration of first-class medical certificate.--No
person who has attained 60 years of age may serve as a pilot
of an air carrier engaged in covered operations unless the
person has a first-class medical certificate. Such a
certificate shall expire on the last day of the 6-month
period following the date of examination shown on the
certificate.
``(h) Safety.--
``(1) Training.--Each air carrier engaged in covered
operations shall continue to use pilot training and
qualification programs approved by the Federal Aviation
Administration, with specific emphasis on initial and
recurrent training and qualification of pilots who have
attained 60 years of age, to ensure continued acceptable
levels of pilot skill and judgment.
``(2) Line evaluations.--Not later than 6 months after the
date of enactment of this section, and every 6 months
thereafter, an air carrier engaged in covered operations
shall evaluate the performance of each pilot of the air
carrier who has attained 60 years of age through a line check
of such pilot. Notwithstanding the preceding sentence, an air
carrier shall not be required to conduct for a 6-month period
a line check under this paragraph of a pilot serving as
second in command if the pilot has undergone a regularly
scheduled simulator evaluation during that period.
``(3) GAO report.--Not later than 24 months after the date
of enactment of this section, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
concerning the effect, if any, on aviation safety of the
modification to pilot age standards made by subsection
(a).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``44729. Age standards for pilots.''.
SEC. 302. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.
(a) Judicial Review of NTSB Decisions.--Section 44703(d) is
amended by adding at the end the following:
``(3) Judicial review.--A person who is substantially
affected by an order of the Board under this subsection, or
the Administrator if the Administrator decides that an order
of the Board will have a significant adverse impact on
carrying out this subtitle, may seek judicial review of the
order under section 46110. The Administrator shall be made a
party to the judicial review proceedings. The findings of
fact of the Board in any such case are conclusive if
supported by substantial evidence.''.
(b) Conforming Amendment.--Section 1153(c) is amended by
striking ``section 44709 or'' and inserting ``section
44703(d), 44709, or''.
SEC. 303. RELEASE OF DATA RELATING TO ABANDONED TYPE
CERTIFICATES AND SUPPLEMENTAL TYPE
CERTIFICATES.
(a) Release of Data.--Section 44704(a) is amended by adding
at the end the following:
``(5) Release of data.--
``(A) In general.--Notwithstanding any other provision of
law, the Administrator may make available upon request to a
person seeking to maintain the airworthiness of an aircraft,
engine, propeller, or appliance, engineering data in the
possession of the Administration relating to a type
certificate or a supplemental type certificate for such
aircraft, engine, propeller, or appliance, without the
consent of the owner of record, if the Administrator
determines that--
``(i) the certificate containing the requested data has
been inactive for 3 or more years;
``(ii) after using due diligence, the Administrator is
unable to find the owner of record, or the owner of record's
heir, of the type certificate or supplemental certificate;
and
``(iii) making such data available will enhance aviation
safety.
``(B) Engineering data defined.--In this section, the term
`engineering data' as used with respect to an aircraft,
engine, propeller, or appliance means type design drawing and
specifications for the entire aircraft, engine, propeller, or
appliance or change to the aircraft, engine, propeller, or
appliance, including the original design data, and any
associated supplier data for individual parts or components
approved as part of the particular certificate for the
aircraft engine, propeller, or appliance.''.
(b) Design Organization Certificates.--Section 44704(e)(1)
is amended by striking ``Beginning 7 years after the date of
enactment of this subsection,'' and inserting ``Beginning
January 1, 2013,''.
SEC. 304. INSPECTION OF FOREIGN REPAIR STATIONS.
(a) In General.--Chapter 447 (as amended by section 301 of
this Act) is further amended by adding at the end the
following:
``Sec. 44730. Inspection of foreign repair stations
``Not later than one year after the date of enactment of
this section, and annually thereafter, the Administrator of
the Federal Aviation Administration shall submit to Congress
a certification that each foreign repair station that is
certified by the Administrator under part 145 of title 14,
Code of Federal Regulations, and performs work on air carrier
aircraft or components has been inspected by safety
inspectors of the Administration not fewer than 2 times in
the preceding calendar year.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``44730. Inspection of foreign repair stations.''.
SEC. 305. RUNWAY INCURSION REDUCTION.
Not later than December 31, 2008, the Administrator of the
Federal Aviation Administration shall submit to Congress a
report
[[Page H10661]]
containing a plan for the installation and deployment of
systems the Administration is installing to alert controllers
or flight crews, or both, of potential runway incursions. The
plan shall be integrated into the annual Operational
Evolution Partnership document of the Administration or any
successor document.
SEC. 306. IMPROVED PILOT LICENSES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin to issue improved pilot
licenses consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
(b) Requirements.--Improved pilots licenses issued under
subsection (a) shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that the
Administrator considers necessary.
(c) Tampering.--To the extent practical, the Administrator
shall develop methods to determine or reveal whether any
component or security feature of a license issued under
subsection (a) has been tampered, altered, or counterfeited.
(d) Use of Designees.--The Administrator may use designees
to carry out subsection (a) to the extent feasible in order
to minimize the burdens on pilots.
(e) Report.--Not later than 9 months after the date of
enactment of this Act and every 6 months thereafter until
September 30, 2011, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the issuance of
improved pilot licenses under this section.
SEC. 307. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT.
Not later than December 31, 2007, the Administrator of the
Federal Aviation Administration shall issue a final rule
regarding the reduction of fuel tank flammability in
transport category aircraft.
SEC. 308. FLIGHT CREW FATIGUE.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall conclude arrangements with the
National Academy of Sciences for a study of pilot fatigue.
(b) Study.--The study shall include consideration of--
(1) research on pilot fatigue, sleep, and circadian
rhythms;
(2) sleep and rest requirements of pilots recommended by
the National Aeronautics and Space Administration and the
National Transportation Safety Board; and
(3) Federal Aviation Administration and international
standards regarding flight limitations and rest for pilots.
(c) Report.--Not later than 18 months after initiating the
study, the National Academy of Sciences shall submit to the
Administrator a report containing its findings and
recommendations regarding the study under subsections (a) and
(b), including recommendations with respect to Federal
Aviation Administration regulations governing flight time
limitations and rest requirements for pilots.
(d) Rulemaking.--After the Administrator receives the
report of the National Academy of Sciences, the Administrator
shall consider the findings in the report and update as
appropriate based on scientific data Federal Aviation
Administration regulations governing flight time limitations
and rest requirements for pilots.
(e) Implementation of Flight Attendant Fatigue Study
Recommendations.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall initiate a
process for the Civil Aerospace Medical Institute to carry
out its recommendations for further study of the issue of
flight attendant fatigue and to submit not later than March
31, 2009, to Congress a report on such process, including an
analysis of the following:
(1) A survey of field operations of flight attendants.
(2) A study of incident reports regarding flight attendant
fatigue.
(3) Field research on the effects of such fatigue.
(4) A validation of models for assessing flight attendant
fatigue, international policies, and practices regarding
flight limitations and rest of flight attendants, and the
potential benefits of training flight attendants regarding
such fatigue.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.
SEC. 309. OSHA STANDARDS.
(a) In General.--The Administrator of the FAA shall--
(1) not later than 6 months after the date of enactment of
this Act, establish milestones, in consultation with the
Administrator of the OSHA, to complete work begun under the
August 2000 memorandum of understanding between the FAA and
OSHA and to address issues needing further action identified
in the joint report of the FAA and OSHA in December 2000; and
(2) not later than 24 months after the date of enactment of
this Act, issue a policy statement to set forth the
circumstances in which requirements of OSHA may be applied to
crewmembers while working in an aircraft cabin.
(b) Contents of Policy Statement.--
(1) Establishment of coordinating body.--The policy
statement to be developed under subsection (a)(2) shall
provide for the establishment of a coordinating body, similar
to the aviation safety and health joint team established
pursuant to the August 2000 memorandum of understanding
between the FAA and OSHA, that includes representatives
designated by the FAA and OSHA--
(A) to examine the applicability of current and proposed
regulations of OSHA for application and enforcement by the
FAA;
(B) to recommend policies for facilitating the training of
inspectors of the FAA; and
(C) to make recommendations that will govern the inspection
and enforcement by the FAA of occupational safety and health
standards on board an aircraft providing air transportation.
(2) FAA standards.--The policy statement to be developed
under subsection (a)(2) shall ensure that standards adopted
by the FAA set forth clearly--
(A) the circumstances under which an employer is required
to take action to address occupational safety and health
hazards;
(B) the measures required of an employer under the
standard; and
(C) the compliance obligations of an employer under the
standard.
(c) Report to Congress.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the FAA
shall submit to Congress a report describing the milestones
established under subsection (a)(1).
(d) Definitions.--In this section, the following
definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) OSHA.--The term ``OSHA'' means the ``Occupational
Safety and Health Administration''.
SEC. 310. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.
(a) Establishment.--The Administrator of the Federal
Aviation Administration may establish a pilot program to
improve safety and efficiency by providing surveillance for
aircraft flying outside of radar coverage in mountainous
areas.
(b) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section. Such sums shall remain available until
expended.
SEC. 311. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER
OBSERVATION TECHNOLOGY.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a review of off-airport, low-
altitude aircraft weather observation technologies.
(b) Specific Review.--The review shall include, at a
minimum, an examination of off-airport, low-altitude weather
reporting needs, an assessment of technical alternatives
(including automated weather observation stations), an
investment analysis, and recommendations for improving
weather reporting.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review.
Subtitle B--Unmanned Aircraft Systems
SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION
PLAN.
(a) Integration Plan.--
(1) Comprehensive plan.--Not later than 9 months after the
date of enactment of this Act, the Secretary, in consultation
with representatives of the aviation industry, shall develop
a comprehensive plan to safely integrate commercial unmanned
aircraft systems into the national airspace system.
(2) Minimum requirements.--In developing the plan under
paragraph (1), the Secretary shall, at a minimum--
(A) review technologies and research that will assist in
facilitating the safe integration of commercial unmanned
aircraft systems into the national airspace system;
(B) provide recommendations for the rulemaking to be
conducted under subsection (b) to--
(i) define the acceptable standards for operations and
certification of commercial unmanned aircraft systems;
(ii) ensure that any commercial unmanned aircraft system
includes a detect, sense, and avoid capability; and
(iii) develop standards and requirements for the operator
or programmer of a commercial unmanned aircraft system,
including standards and requirements for registration and
licensing;
(C) recommend how best to enhance the technologies and
subsystems necessary to effect the safe and routine
operations of commercial unmanned aircraft systems in the
national airspace system; and
(D) recommend how a phased-in approach to the integration
of commercial unmanned aircraft systems into the national
airspace system can best be achieved and a timeline upon
which such a phase-in shall occur.
(3) Deadline.--The plan to be developed under paragraph (1)
shall provide for the safe integration of commercial unmanned
aircraft systems into the national airspace system as soon as
possible, but not later than September 30, 2012.
(4) Report to congress.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
Congress a copy of the plan developed under paragraph (1).
[[Page H10662]]
(b) Rulemaking.--Not later than 18 months after the date on
which the integration plan is submitted to Congress under
subsection (a)(4), the Administrator of the Federal Aviation
Administration shall publish in the Federal Register a notice
of proposed rulemaking to implement the recommendations of
the integration plan.
(c) Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Notwithstanding the requirements of
sections 321 and 323, and not later than 6 months after the
date of enactment of this Act, the Secretary shall determine
if certain unmanned aircraft systems may operate safely in
the national airspace system before completion of the plan
and rulemaking required by section 321 or the guidance
required by section 323.
(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall
determine, at a minimum--
(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and population areas, and operation
within visual line-of-sight do not create a hazard to users
of the national airspace system or the public or pose a
threat to national security; and
(2) whether a certificate of authorization or an
airworthiness certification under section 44704 of title 49,
United States Code, is required for the operation of unmanned
aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system,
the Secretary shall establish requirements for the safe
operation of such aircraft systems in the national airspace
system.
SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
Not later than 9 months after the date of enactment of this
Act, the Secretary shall issue guidance regarding the
operation of public unmanned aircraft systems to--
(1) expedite the issuance of a certificate of authorization
process;
(2) provide for a collaborative process with public
agencies to allow for an incremental expansion of access to
the national airspace system as technology matures and the
necessary safety analysis and data become available and until
standards are completed and technology issues are resolved;
and
(3) facilitate the capability of public agencies to develop
and use test ranges, subject to operating restrictions
required by the Federal Aviation Administration, to test and
operate unmanned aircraft systems.
SEC. 324. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Certificate of authorization.--The term ``certificate
of authorization'' means a Federal Aviation Administration
grant of approval for a specific flight operation.
(2) Detect, sense, and avoid capability.--The term
``detect, sense, and avoid capability'' means the technical
capability to perform separation assurance and collision
avoidance, as defined by the Federal Aviation Administration.
(3) Public unmanned aircraft system.--The term ``public
unmanned aircraft system'' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft, as defined by section 40102
of title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Test range.--The term ``test range'' means a defined
geographic area where research and development are conducted.
(6) Unmanned aircraft.--The term ``unmanned aircraft''
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(such as communication links and a ground control station)
that are required to operate safely and efficiently in the
national airspace system.
TITLE IV--AIR SERVICE IMPROVEMENTS
SEC. 401. MONTHLY AIR CARRIER REPORTS.
(a) In General.--Section 41708 is amended by adding at the
end the following:
``(c) Diverted and Cancelled Flights.--
``(1) Monthly reports.--The Secretary shall require an air
carrier referred to in paragraph (2) to file with the
Secretary a monthly report on each flight of the air carrier
that is diverted from its scheduled destination to another
airport and each flight of the air carrier that departs the
gate at the airport at which the flight originates but is
cancelled before wheels-off time.
``(2) Applicability.--An air carrier that is required to
file a monthly airline service quality performance report
under subsection (b) shall be subject to the requirement of
paragraph (1).
``(3) Contents.--A monthly report filed by an air carrier
under paragraph (1) shall include, at a minimum, the
following information:
``(A) For a diverted flight--
``(i) the flight number of the diverted flight;
``(ii) the scheduled destination of the flight;
``(iii) the date and time of the flight;
``(iv) the airport to which the flight was diverted;
``(v) wheels-on time at the diverted airport;
``(vi) the time, if any, passengers deplaned the aircraft
at the diverted airport; and
``(vii) if the flight arrives at the scheduled destination
airport--
``(I) the gate-departure time at the diverted airport;
``(II) the wheels-off time at the diverted airport;
``(III) the wheels-on time at the scheduled arrival
airport; and
``(IV) the gate arrival time at the scheduled arrival
airport.
``(B) For flights cancelled after gate departure--
``(i) the flight number of the cancelled flight;
``(ii) the scheduled origin and destination airports of the
cancelled flight;
``(iii) the date and time of the cancelled flight;
``(iv) the gate-departure time of the cancelled flight; and
``(v) the time the aircraft returned to the gate.
``(4) Publication.--The Secretary shall compile the
information provided in the monthly reports filed pursuant to
paragraph (1) in a single monthly report and publish such
report on the Web site of the Department of
Transportation.''.
(b) Effective Date.--The Secretary of Transportation shall
require monthly reports pursuant to the amendment made by
subsection (a) beginning not later than 90 days after the
date of enactment of this Act.
SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.
(a) Beyond Perimeter Exemptions.--Section 41718(a) is
amended by striking ``24'' and inserting ``34''.
(b) Limitations.--Section 41718(c)(2) is amended by
striking ``3 operations'' and inserting ``5 operations''.
(c) Allocation of Beyond-Perimeter Exemptions.--Section
41718(c) is amended --
(1) by redesignating paragraphs (3) and (4) as (4) and (5),
respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Slots.--The Administrator of the Federal Aviation
Administration shall reduce the hourly air carrier slot quota
for Ronald Reagan Washington National Airport in section
93.123(a) of title 14, Code of Federal Regulations, by a
total of 10 slots that are available for allocation. Such
reductions shall be taken in the 6:00 a.m., 10:00 p.m., or
11:00 p.m. hours, as determined by the Administrator, in
order to grant exemptions under subsection (a).''.
(d) Scheduling Priority.--Section 41718 is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Scheduling Priority.--Operations conducted by new
entrant air carriers and limited incumbent air carriers shall
be afforded a scheduling priority over operations conducted
by other air carriers granted exemptions pursuant to this
section, with the highest scheduling priority to be afforded
to beyond-perimeter operations conducted by new entrant air
carriers and limited incumbent air carriers.''.
SEC. 403. EAS CONTRACT GUIDELINES.
Section 41737(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) in subparagraph (C) by striking ``provided.'' and
inserting ``provided;''; and
(3) by adding at the end the following:
``(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for which
compensation is being paid under this subchapter by
incorporating financial incentives in an essential air
service contract based on specified performance goals; and
``(E) include provisions under which the Secretary may
execute a long-term essential air service contract to
encourage an air carrier to provide air service to an
eligible place if it would be in the public interest to do
so.''.
SEC. 404. ESSENTIAL AIR SERVICE REFORM.
(a) Authorization of Appropriations.--Section 41742(a)(2)
is amended by striking ``$77,000,000'' and inserting
``$83,000,000''.
(b) Distribution of Excess Funds.--
(1) In general.--Section 41742(a) is amended by adding at
the end the following:
``(4) Distribution of excess funds.--Of the funds, if any,
credited to the account established under section 45303 in a
fiscal year that exceed the $50,000,000 made available for
such fiscal year under paragraph (1)--
``(A) one-half shall be made available immediately for
obligation and expenditure to carry out section 41743; and
``(B) one-half shall be made available immediately for
obligation and expenditure to carry out subsection (b).''.
(2) Conforming amendment.--Section 41742(b) is amended--
(A) in the first sentence by striking ``moneys credited''
and all that follows before ``shall be used'' and inserting
``amounts made available under subsection (a)(4)(B)''; and
(B) in the second sentence by striking ``any amounts from
those fees'' and inserting ``any of such amounts''.
SEC. 405. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
[[Page H10663]]
(1) by striking ``and'' at the end of subparagraph (D);
(2) in subparagraph (E) by striking ``fashion.'' and
inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to submit a regional
or multistate application to improve air service.''.
(b) Extension of Authorization.--Section 41743(e)(2) is
amended by striking ``2008'' and inserting ``2011''.
SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS.
(a) In General.--Subtitle VII is amended by inserting after
chapter 421 the following:
``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS
``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 42301. Emergency contingency plans
``(a) Submission of Air Carrier and Airport Plans.--Not
later than 90 days after the date of enactment of this
section, each air carrier providing covered air
transportation at a large hub airport or medium hub airport
and each operator of a large hub airport or medium hub
airport shall submit to the Secretary of Transportation for
review and approval an emergency contingency plan in
accordance with the requirements of this section.
``(b) Covered Air Transportation Defined.--In this section,
the term `covered air transportation' means scheduled
passenger air transportation provided by an air carrier using
aircraft with more than 60 seats.
``(c) Air Carrier Plans.--
``(1) Plans for individual airports.--An air carrier shall
submit an emergency contingency plan under subsection (a)
for--
``(A) each large hub airport and medium hub airport at
which the carrier provides covered air transportation; and
``(B) each large hub airport and medium hub airport at
which the carrier has flights for which it has primary
responsibility for inventory control.
``(2) Contents.--An emergency contingency plan submitted by
an air carrier for an airport under subsection (a) shall
contain a description of how the air carrier will--
``(A) provide food, water, restroom facilities, cabin
ventilation, and access to medical treatment for passengers
onboard an aircraft at the airport that is on the ground for
an extended period of time without access to the terminal;
and
``(B) share facilities and make gates available at the
airport in an emergency.
``(d) Airport Plans.--An emergency contingency plan
submitted by an airport operator under subsection (a) shall
contain a description of how the airport operator, to the
maximum extent practicable, will provide for the sharing of
facilities and make gates available at the airport in an
emergency.
``(e) Updates.--
``(1) Air carriers.--An air carrier shall update the
emergency contingency plan submitted by the air carrier under
subsection (a) every 3 years and submit the update to the
Secretary for review and approval.
``(2) Airports.--An airport operator shall update the
emergency contingency plan submitted by the airport operator
under subsection (a) every 5 years and submit the update to
the Secretary for review and approval.
``(f) Approval.--The Secretary shall review and approve
emergency contingency plans submitted under subsection (a)
and updates submitted under subsection (e) to ensure that the
plans and updates will effectively address emergencies and
provide for the health and safety of passengers.
``Sec. 42302. Consumer complaints
``(a) Consumer Complaints Hotline Telephone Number.--The
Secretary of Transportation shall establish a consumer
complaints hotline telephone number for the use of passengers
in air transportation.
``(b) Public Notice.--The Secretary shall notify the public
of the telephone number established under subsection (a).
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section. Such sums shall remain available
until expended.
``Sec. 42303. Use of insecticides in passenger aircraft
``No air carrier, foreign air carrier, or ticket agent may
sell in the United States a ticket for air transportation for
a flight on which an insecticide is planned to be used in the
aircraft while passengers are on board the aircraft unless
the air carrier, foreign air carrier, or ticket agent selling
the ticket first informs the person purchasing the ticket of
the planned use of the insecticide, including the name of the
insecticide.''.
(b) Clerical Amendment.--The analysis for subtitle VII is
amended by inserting after the item relating to chapter 421
the following:
``423. Air Passenger Service Improvements..................42301''.....
(c) Penalties.--Section 46301 is amended in subsections
(a)(1)(A) and (c)(1)(A) by inserting ``chapter 423,'' after
``chapter 421,''.
(d) Applicability of Requirements.--Except as otherwise
specifically provided, the requirements of chapter 423 of
title 49, United States Code, as added by this section, shall
begin to apply 60 days after the date of enactment of this
Act.
SEC. 407. CONTENTS OF COMPETITION PLANS.
Section 47106(f)(2) is amended--
(1) by striking ``patterns of air service,'';
(2) by inserting ``and'' before ``whether''; and
(3) by striking `` , and airfare levels'' and all that
follows before the period.
SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s)(3) is amended by striking ``2008'' and
inserting ``2012''.
SEC. 409. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b) is
amended--
(1) by striking ``(1) The Secretary'' and inserting the
following:
``(1) Contract tower program.--
``(A) Continuation and extension.--The Secretary'';
(2) by adding at the end of paragraph (1) the following:
``(B) Special rule.--If the Secretary determines that a
tower already operating under the program continued under
this paragraph has a benefit to cost ratio of less than 1.0,
the airport sponsor or State or local government having
jurisdiction over the airport shall not be required to pay
the portion of the costs that exceeds the benefit for a
period of 18 months after such determination is made.
``(C) Use of excess funds.--If the Secretary finds that all
or part of an amount made available to carry out the program
continued under this paragraph is not required during a
fiscal year, the Secretary may use, during such fiscal year,
the amount not so required to carry out the program
established under paragraph (3).''; and
(3) by striking ``(2) The Secretary'' and inserting the
following:
``(2) General authority.--The Secretary''.
(b) Contract Air Traffic Control Tower Cost-Sharing
Program.--
(1) Funding.--Section 47124(b)(3)(E) is amended--
(A) by striking ``and''; and
(B) by inserting ``, $8,500,000 for fiscal year 2008,
$9,000,000 for fiscal year 2009, $9,500,000 for fiscal year
2010, and $10,000,000 for fiscal year 2011'' after ``2007''.
(2) Use of excess funds.--Section 47124(b)(3) is amended--
(A) by redesignating subparagraph (E) (as amended by
paragraph (1) of this subsection) as subparagraph (F); and
(B) by inserting after subparagraph (D) the following:
``(E) Use of excess funds.--If the Secretary finds that all
or part of an amount made available under this subparagraph
is not required during a fiscal year to carry out this
paragraph, the Secretary may use, during such fiscal year,
the amount not so required to carry out the program continued
under paragraph (1).''.
(c) Federal Share.--Section 47124(b)(4)(C) is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
(d) Safety Audits.--Section 47124 is amended by adding at
the end the following:
``(c) Safety Audits.--The Secretary shall establish uniform
standards and requirements for safety assessments of air
traffic control towers that receive funding under this
section.''.
SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately
1,400,000 members who are stationed on active duty at more
than 6,000 military bases in 146 different countries;
(2) the United States is indebted to the members of the
Armed Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long
periods of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted
advance airline tickets in order to visit their loved ones at
home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation's interests around the world at great
personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that
each United States air carrier should--
(1) establish for all members of the Armed Forces on active
duty reduced air fares that are comparable to the lowest
airfare for ticketed flights; and
(2) offer flexible terms that allow members of the Armed
Forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, and penalties.
SEC. 411. MEDICAL OXYGEN AND PORTABLE RESPIRATORY ASSISTIVE
DEVICES.
Not later than December 31, 2007, the Secretary of
Transportation shall issue a final rule regarding the
carriage and use of passenger-owned portable electronic
respiratory assistive devices and carrier-supplied medical
oxygen devices aboard commercial flights to improve
accommodations in air travel for passengers with respiratory
disabilities.
TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING
SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.
Section 40128 is amended--
(1) in subsection (a)(1)(C) by inserting ``or voluntary
agreement under subsection (b)(7)'' before ``for the park'';
[[Page H10664]]
(2) in subsection (a) by adding at the end the following:
``(5) Exemption.--
``(A) In general.--Notwithstanding paragraph (1), a
national park that has 50 or fewer commercial air tour
flights a year shall be exempt from the requirements of this
section, except as provided in subparagraph (B).
``(B) Withdrawal of exemption.--If the Director determines
that an air tour management plan or voluntary agreement is
necessary to protect park resources and values or park
visitor use and enjoyment, the Director shall withdraw the
exemption of a park under subparagraph (A).
``(C) List of parks.--The Director shall inform the
Administrator, in writing, of each determination under
subparagraph (B). The Director and Administrator shall
publish an annual list of national parks that are covered by
the exemption provided by this paragraph.
``(D) Annual report.--A commercial air tour operator
conducting commercial air tours in a national park that is
exempt from the requirements of this section shall submit to
the Administrator and the Director an annual report regarding
the number of commercial air tour flights it conducts each
year in such park.'';
(3) in subsection (b) by adding at the end the following:
``(7) Voluntary agreements.--
``(A) In general.--As an alternative to an air tour
management plan, the Director and the Administrator may enter
into a voluntary agreement with a commercial air tour
operator (including a new entrant applicant and an operator
that has interim operating authority) that has applied to
conduct air tour operations over a national park to manage
commercial air tour operations over such national park.
``(B) Park protection.--A voluntary agreement under this
paragraph with respect to commercial air tour operations over
a national park shall address the management issues necessary
to protect the resources of such park and visitor use of such
park without compromising aviation safety or the air traffic
control system and may--
``(i) include provisions such as those described in
subparagraphs (B) through (E) of paragraph (3);
``(ii) include provisions to ensure the stability of, and
compliance with, the voluntary agreement; and
``(iii) provide for fees for such operations.
``(C) Public.--The Director and the Administrator shall
provide an opportunity for public review of a proposed
voluntary agreement under this paragraph and shall consult
with any Indian tribe whose tribal lands are, or may be,
flown over by a commercial air tour operator under a
voluntary agreement under this paragraph. After such
opportunity for public review and consultation, the voluntary
agreement may be implemented without further administrative
or environmental process beyond that described in this
subsection.
``(D) Termination.--A voluntary agreement under this
paragraph may be terminated at any time at the discretion of
the Director or the Administrator if the Director determines
that the agreement is not adequately protecting park
resources or visitor experiences or the Administrator
determines that the agreement is adversely affecting aviation
safety or the national aviation system. If a voluntary
agreement for a national park is terminated, the operators
shall conform to the requirements for interim operating
authority under subsection (c) until an air tour management
plan for the park is in effect.'';
(4) in subsection (c) by striking paragraph (2)(I) and
inserting the following:
``(I) may allow for modifications of the interim operating
authority without further environmental review beyond that
described in this section if--
``(i) adequate information regarding the operator's
existing and proposed operations under the interim operating
authority is provided to the Administrator and the Director;
``(ii) the Administrator determines that there would be no
adverse impact on aviation safety or the air traffic control
system; and
``(iii) the Director agrees with the modification, based on
the Director's professional expertise regarding the
protection of the park resources and values and visitor use
and enjoyment.'';
(5) in subsection (c)(3)(A) by striking ``if the
Administrator determines'' and all that follows through the
period at the end and inserting ``without further
environmental process beyond that described in this paragraph
if--
``(i) adequate information on the operator's proposed
operations is provided to the Administrator and the Director
by the operator making the request;
``(ii) the Administrator agrees that there would be no
adverse impact on aviation safety or the air traffic control
system; and
``(iii) the Director agrees, based on the Director's
professional expertise regarding the protection of park
resources and values and visitor use and enjoyment.''; and
(6) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(7) by inserting after subsection (c) the following:
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator providing
a commercial air tour over a national park under interim
operating authority granted under subsection (c) or in
accordance with an air tour management plan under subsection
(b) shall submit a report to the Administrator and Director
regarding the number of its commercial air tour operations
over each national park and such other information as the
Administrator and Director may request in order to facilitate
administering the provisions of this section.
``(2) Report submission.--Not later than 3 months after the
date of enactment of the FAA Reauthorization Act of 2007, the
Administrator and Director shall jointly issue an initial
request for reports under this subsection. The reports shall
be submitted to the Administrator and Director on a frequency
and in a format prescribed by the Administrator and
Director.''.
SEC. 502. STATE BLOCK GRANT PROGRAM.
(a) General Requirements.--Section 47128(a) is amended--
(1) in the first sentence by striking ``prescribe
regulations'' and inserting ``issue guidance''; and
(2) in the second sentence by striking ``regulations'' and
inserting ``guidance''.
(b) Applications and Selection.--Section 47128(b)(4) is
amended by inserting before the semicolon the following: ``,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), State and local environmental policy
acts, Executive Orders, agency regulations and guidance, and
other Federal environmental requirements''.
(c) Environmental Analysis and Coordination Requirements.--
Section 47128 is amended by adding at the end the following:
``(d) Environmental Analysis and Coordination
Requirements.--A Federal agency, other than the Federal
Aviation Administration, that is responsible for issuing an
approval, license, or permit to ensure compliance with a
Federal environmental requirement applicable to a project or
activity to be carried out by a State using amounts from a
block grant made under this section shall--
``(1) coordinate and consult with the State;
``(2) use the environmental analysis prepared by the State
for the project or activity if such analysis is adequate; and
``(3) supplement such analysis, as necessary, to meet
applicable Federal requirements.''.
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
Section 47173(a) is amended by striking ``services of
consultants in order to'' and all that follows through the
period at the end and inserting ``services of consultants--
``(1) to facilitate the timely processing, review, and
completion of environmental activities associated with an
airport development project;
``(2) to conduct special environmental studies related to
an airport project funded with Federal funds;
``(3) to conduct special studies or reviews to support
approved noise compatibility measures described in part 150
of title 14, Code of Federal Regulations; or
``(4) to conduct special studies or reviews to support
environmental mitigation in a record of decision or finding
of no significant impact by the Federal Aviation
Administration.''.
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT
PROCEDURES.
Section 47504 is amended by adding at the end the
following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) In general.--In accordance with subsection (c)(1),
the Secretary may make a grant to an airport operator to
assist in completing environmental review and assessment
activities for proposals to implement flight procedures at
such airport that have been approved as part of an airport
noise compatibility program under subsection (b).
``(2) Additional staff.--The Administrator may accept funds
from an airport operator, including funds provided to the
operator under paragraph (1), to hire additional staff or
obtain the services of consultants in order to facilitate the
timely processing, review, and completion of environmental
activities associated with proposals to implement flight
procedures at such airport that have been approved as part of
an airport noise compatibility program under subsection (b).
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section--
``(A) shall be credited as offsetting collections to the
account that finances the activities and services for which
the funds are accepted;
``(B) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(C) shall remain available until expended.''.
SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION
PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 is
amended by adding at the end the following:
``Sec. 47511. CLEEN research, development, and implementation
partnership
``(a) In General.--The Administrator of the Federal
Aviation Administration, in coordination with the
Administrator of the National Aeronautics and Space
Administration, shall enter into a cooperative agreement,
using a competitive process, with an
[[Page H10665]]
institution, entity, or consortium to carry out a program for
the development, maturing, and certification of CLEEN engine
and airframe technology for aircraft over the next 10 years.
``(b) CLEEN Engine and Airframe Technology Defined.--In
this section, the term `CLEEN engine and airframe technology'
means continuous lower energy, emissions, and noise engine
and airframe technology.
``(c) Performance Objective.--The Administrator of the
Federal Aviation Administration, in coordination with the
Administrator of the National Aeronautics and Space
Administration, shall establish the following performance
objectives for the program, to be achieved by September 30,
2015:
``(1) Development of certifiable aircraft technology that
reduces greenhouse gas emissions by increasing aircraft fuel
efficiency by 25 percent relative to 1997 subsonic jet
aircraft technology.
``(2) Development of certifiable engine technology that
reduces landing and takeoff cycle nitrogen oxide emissions by
50 percent, without increasing other gaseous or particle
emissions, over the International Civil Aviation Organization
standard adopted in 2004.
``(3) Development of certifiable aircraft technology that
reduces noise levels by 10 decibels at each of the 3
certification points relative to 1997 subsonic jet aircraft
technology.
``(4) Determination of the feasibility of the use of
alternative fuels in aircraft systems, including successful
demonstration and quantification of the benefits of such
fuels.
``(5) Determination of the extent to which new engine and
aircraft technologies may be used to retrofit or re-engine
aircraft to increase the integration of retrofitted and re-
engined aircraft into the commercial fleet.
``(d) Funding.--Of amounts appropriated under section
48102(a), not more than the following amounts may be used to
carry out this section:
``(1) $6,000,000 for fiscal year 2008.
``(2) $22,000,000 for fiscal year 2009.
``(3) $33,000,000 for fiscal year 2010.
``(4) $50,000,000 for fiscal year 2011.
``(e) Report.--Beginning in fiscal year 2009, the
Administrator of the Federal Aviation Administration shall
publish an annual report on the program established under
this section until completion of the program.''.
(b) Clerical Amendment.--The analysis for such subchapter
is amended by adding at the end the following:
``47511. CLEEN research, development, and implementation
partnership.''.
SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING
75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE
3 NOISE LEVELS.
(a) In General.--Subchapter II of chapter 475 is amended by
adding at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft
weighing 75,000 pounds or less not complying with stage 3
noise levels
``(a) Prohibition.--Except as provided in subsection (b),
(c), or (d), after December 31, 2012, a person may not
operate a civil subsonic jet airplane with a maximum weight
of 75,000 pounds or less, and for which an airworthiness
certificate other than an experimental certificate has been
issued, to or from an airport in the United States unless the
Secretary of Transportation finds that the aircraft complies
with stage 3 noise levels.
``(b) Exception.--Subsection (a) shall not apply to
aircraft operated only outside the 48 contiguous States.
``(c) Exceptions.--The Secretary may allow temporary
operation of an airplane otherwise prohibited from operation
under subsection (a) to or from an airport in the contiguous
United States by granting a special flight authorization for
one or more of the following circumstances:
``(1) To sell, lease, or use the aircraft outside the 48
contiguous States.
``(2) To scrap the aircraft.
``(3) To obtain modifications to the aircraft to meet stage
3 noise levels.
``(4) To perform scheduled heavy maintenance or significant
modifications on the aircraft at a maintenance facility
located in the contiguous 48 States.
``(5) To deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor.
``(6) To prepare, park, or store the aircraft in
anticipation of any of the activities described in paragraphs
(1) through (5).
``(7) To provide transport of persons and goods in the
relief of emergency situations.
``(8) To divert the aircraft to an alternative air port in
the 48 contiguous States on account of weather, mechanical,
fuel, air traffic control, or other safety reasons while
conducting a flight in order to perform any of the activities
described in paragraphs (1) through (7).
``(d) Statutory Construction.--Nothing in the section may
be construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of
Federal Regulations, that were pending on the date of
enactment of this section.''.
(b) Conforming Amendments.--
(1) Section 47531 is amended--
(A) in the section heading by striking ``for violating
sections 47528-47530''; and
(B) by striking ``47529, or 47530'' and inserting ``47529,
47530, or 47534''.
(2) Section 47532 is amended by inserting ``or 47534''
after ``47528-47531''.
(3) The analysis for chapter 475 is amended--
(A) by striking the item relating to section 47531 and
inserting the following:
``47531. Penalties.''; and
(B) by inserting after the item relating to section 47533
the following:
``47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise
levels.''.
SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a pilot program to carry out not more than 6
environmental mitigation demonstration projects at public-use
airports.
(b) Grants.--In implementing the program, the Secretary may
make a grant to the sponsor of a public-use airport from
funds apportioned under section 47117(e)(1)(A) of title 49,
United States Code, to carry out an environmental mitigation
demonstration project to measurably reduce or mitigate
aviation impacts on noise, air quality, or water quality in
the vicinity of the airport.
(c) Eligibility for Passenger Facility Fees.--An
environmental mitigation demonstration project that receives
funds made available under this section may be considered an
eligible airport-related project for purposes of section
40117 of such title.
(d) Selection Criteria.--In selecting among applicants for
participation in the program, the Secretary shall give
priority consideration to applicants proposing to carry out
environmental mitigation demonstration projects that will--
(1) achieve the greatest reductions in aircraft noise,
airport emissions, or airport water quality impacts either on
an absolute basis or on a per dollar of funds expended basis;
and
(2) be implemented by an eligible consortium.
(e) Federal Share.--Notwithstanding any provision of
subchapter I of chapter 471 of such title, the United States
Government share of allowable project costs of an
environmental mitigation demonstration project carried out
under this section shall be 50 percent.
(f) Maximum Amount.--The Secretary may not make grants for
a single environmental mitigation demonstration project under
this section in a total amount that exceeds $2,500,000.
(g) Publication of Information.--The Secretary may develop
and publish information on the results of environmental
mitigation demonstration projects carried out under this
section, including information identifying best practices for
reducing or mitigating aviation impacts on noise, air
quality, or water quality in the vicinity of airports.
(h) Definitions.--In this section, the following
definitions apply:
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium of 2 or more of the following entities:
(A) A business incorporated in the United States.
(B) A public or private educational or research
organization located in the United States.
(C) An entity of a State or local government.
(D) A Federal laboratory.
(2) Environmental mitigation demonstration project.--The
term ``environmental mitigation demonstration project'' means
a project that--
(A) demonstrates at a public-use airport environmental
mitigation techniques or technologies with associated
benefits, which have already been proven in laboratory
demonstrations;
(B) utilizes methods for efficient adaptation or
integration of innovative concepts to airport operations; and
(C) demonstrates whether a technique or technology for
environmental mitigation identified in research is--
(i) practical to implement at or near multiple public-use
airports; and
(ii) capable of reducing noise, airport emissions,
greenhouse gas emissions, or water quality impacts in
measurably significant amounts.
SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a pilot program at not more than 5 public-use
airports under which the Federal Aviation Administration
shall use funds made available under section 48101(a) to test
air traffic flow management tools, methodologies, and
procedures that will allow air traffic controllers of the
Administration to better manage the flow of aircraft on the
ground and reduce the length of ground holds and idling time
for aircraft.
(b) Selection Criteria.--In selecting from among airports
at which to conduct the pilot program, the Secretary shall
give priority consideration to airports at which improvements
in ground control efficiencies are likely to achieve the
greatest fuel savings or air quality or other environmental
benefits, as measured by the amount of reduced fuel, reduced
emissions, or other environmental benefits per dollar of
funds expended under the pilot program.
(c) Maximum Amount.--Not more than a total of $5,000,000
may be expended under the pilot program at any single public-
use airport.
[[Page H10666]]
(d) Report to Congress.--Not later than 3 years after the
date of the enactment of this section, the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
(1) an evaluation of the effectiveness of the pilot
program, including an assessment of the tools, methodologies,
and procedures that provided the greatest fuel savings and
air quality and other environmental benefits, and any impacts
on safety, capacity, or efficiency of the air traffic control
system or the airports at which affected aircraft were
operating;
(2) an identification of anticipated benefits from
implementation of the tools, methodologies, and procedures
developed under the pilot program at other airports;
(3) a plan for implementing the tools, methodologies, and
procedures developed under the pilot program at other
airports or the Secretary's reasons for not implementing such
measures at other airports; and
(4) such other information as the Secretary considers
appropriate.
SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC
CONTROL FACILITIES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall implement, to the maximum extent
practicable, sustainable practices for the incorporation of
energy-efficient design, equipment, systems, and other
measures in the construction and major renovation of air
traffic control facilities of the Administration in order to
reduce energy consumption and improve the environmental
performance of such facilities.
(b) Authorization.--Of amounts appropriated under section
48101(a) of title 49, United States Code, such sums as may be
necessary may be used to carry out this section.
SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE
AND EMISSIONS STANDARDS.
(a) Independent Review.--The Administrator of the FAA shall
make appropriate arrangements for the National Academy of
Public Administration or another qualified independent entity
to review, in consultation with the FAA and the EPA, whether
it is desirable to locate the regulatory responsibility for
the establishment of engine noise and emissions standards for
civil aircraft within one of the agencies.
(b) Considerations.--The review shall be conducted so as to
take into account--
(1) the interrelationships between aircraft engine noise
and emissions;
(2) the need for aircraft engine noise and emissions to be
evaluated and addressed in an integrated and comprehensive
manner;
(3) the scientific expertise of the FAA and the EPA to
evaluate aircraft engine emissions and noise impacts on the
environment;
(4) expertise to interface environmental performance with
ensuring the highest safe and reliable engine performance of
aircraft in flight;
(5) consistency of the regulatory responsibility with other
missions of the FAA and the EPA;
(6) past effectiveness of the FAA and the EPA in carrying
out the aviation environmental responsibilities assigned to
the agency; and
(7) the international responsibility to represent the
United States with respect to both engine noise and emissions
standards for civil aircraft
(c) Report to Congress.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the FAA
shall submit to Congress a report on the results of the
review. The report shall include any recommendations
developed as a result of the review and, if a transfer of
responsibilities is recommended, a description of the steps
and timeline for implementation of the transfer.
(d) Definitions.--In this section, the following
definitions apply:
(1) EPA.--The term ``EPA'' means the Environmental
Protection Agency.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
(a) Dispute Resolution.--Section 40122(a) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by striking paragraph (2) and inserting the following:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does not reach an
agreement under paragraph (1) or the provisions referred to
in subsection (g)(2)(C) with the exclusive bargaining
representative of the employees, the Administrator and the
bargaining representative--
``(i) shall use the services of the Federal Mediation and
Conciliation Service to attempt to reach such agreement in
accordance with part 1425 of title 29, Code of Federal
Regulations (as in effect on the date of enactment of the FAA
Reauthorization Act of 2007); or
``(ii) may by mutual agreement adopt alternative procedures
for the resolution of disputes or impasses arising in the
negotiation of the collective-bargaining agreement.
``(B) Binding arbitration.--
``(i) Assistance from federal service impasses panel.--If
the services of the Federal Mediation and Conciliation
Service under subparagraph (A)(i) do not lead to an
agreement, the Administrator and the exclusive bargaining
representative of the employees (in this subparagraph
referred to as the `parties') shall submit their issues in
controversy to the Federal Service Impasses Panel. The Panel
shall assist the parties in resolving the impasse by
asserting jurisdiction and ordering binding arbitration by a
private arbitration board consisting of 3 members.
``(ii) Appointment of arbitration board.--The Executive
Director of the Panel shall provide for the appointment of
the 3 members of a private arbitration board under clause (i)
by requesting the Director of the Federal Mediation and
Conciliation Service to prepare a list of not less than 15
names of arbitrators with Federal sector experience and by
providing the list to the parties. Within 10 days of
receiving the list, the parties shall each select one person
from the list. The 2 arbitrators selected by the parties
shall then select a third person from the list within 7 days.
If either of the parties fails to select a person or if the 2
arbitrators are unable to agree on the third person within 7
days, the parties shall make the selection by alternately
striking names on the list until one arbitrator remains.
``(iii) Framing issues in controversy.--If the parties do
not agree on the framing of the issues to be submitted for
arbitration, the arbitration board shall frame the issues.
``(iv) Hearings.--The arbitration board shall give the
parties a full and fair hearing, including an opportunity to
present evidence in support of their claims and an
opportunity to present their case in person, by counsel, or
by other representative as they may elect.
``(v) Decisions.--The arbitration board shall render its
decision within 90 days after the date of its appointment.
Decisions of the arbitration board shall be conclusive and
binding upon the parties.
``(vi) Costs.--The parties shall share costs of the
arbitration equally.
``(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(B), the final agreement,
except for those matters decided by an arbitration board,
shall be subject to ratification by the exclusive bargaining
representative of the employees, if so requested by the
bargaining representative, and approval by the head of the
agency in accordance with the provisions referred to in
subsection (g)(2)(C).
``(4) Enforcement.--
``(A) Enforcement actions in united states courts.--Each
United States district court and each United States court of
a place subject to the jurisdiction of the United States
shall have jurisdiction of enforcement actions brought under
this section. Such an action may be brought in any judicial
district in the State in which the violation of this section
is alleged to have been committed, the judicial district in
which the Federal Aviation Administration has its principal
office, or the District of Columbia.
``(B) Attorney fees.--The court may assess against the
Federal Aviation Administration reasonable attorney fees and
other litigation costs reasonably incurred in any case under
this section in which the complainant has substantially
prevailed.''.
(b) Application.--On and after the date of enactment of
this Act, any changes implemented by the Administrator of the
Federal Aviation Administration on and after July 10, 2005,
under section 40122(a) of title 49, United States Code (as in
effect on the day before such date of enactment), without the
agreement of the exclusive bargaining representative of the
employees of the Administration certified under section 7111
of title 5, United States Code, shall be null and void and
the parties shall be governed by their last mutual agreement
before the implementation of such changes. The Administrator
and the bargaining representative shall resume negotiations
promptly, and, subject to subsection (c), their last mutual
agreement shall be in effect until a new contract is adopted
by the Administrator and the bargaining representative. If an
agreement is not reached within 45 days after the date on
which negotiations resume, the Administrator and the
bargaining representative shall submit their issues in
controversy to the Federal Service Impasses Panel in
accordance with section 7119 of title 5, United States Code,
for binding arbitration in accordance with paragraphs (2)(B),
(3), and (4) of section 40122(a) of title 49, United States
Code (as amended by subsection (a) of this section).
(c) Savings Clause.--All cost of living adjustments and
other pay increases, lump sum payments to employees, and
leave and other benefit accruals implemented as part of the
changes referred to in subsection (b) may not be reversed
unless such reversal is part of the calculation of back pay
under subsection (d). The Administrator shall waive any
overpayment paid to, and not collect any funds for such
overpayment, from former employees of the Administration who
received lump sum payments prior to their separation from the
Administration.
(d) Back Pay.--
(1) In general.--Employees subject to changes referred to
in subsection (b) that are determined to be null and void
under subsection (b) shall be eligible for pay that the
employees would have received under the
[[Page H10667]]
last mutual agreement between the Administrator and the
exclusive bargaining representative of such employees before
the date of enactment of this Act and any changes were
implemented without agreement of the bargaining
representative. The Administrator shall pay the employees
such pay subject to the availability of amounts appropriated
to carry out this subsection. If the appropriated funds do
not cover all claims of the employees for such pay, the
Administrator and the bargaining representative, pursuant to
negotiations conducted in accordance with section 40122(a) of
title 49, United States Code (as amended by subsection (a) of
this section), shall determine the allocation of the
appropriated funds among the employees on a pro rata basis.
(2) Authorization of appropriations.--There is authorized
to be appropriated $20,000,000 to carry out this subsection.
(e) Interim Agreement.--If the Administrator and the
exclusive bargaining representative of the employees subject
to the changes referred to in subsection (b) reach a final
and binding agreement with respect to such changes before the
date of enactment of this Act, such agreement shall supersede
any changes implemented by the Administrator under section
40122(a) of title 49, United States Code (as in effect on the
day before such date of enactment), without the agreement of
the bargaining representative, and subsections (b) and (c)
shall not take effect.
SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOYEES.
Section 40122(g)(3) of title 49, United States Code, is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, retroactive to April 1, 1996, the
Board shall have the same remedial authority over such
employee appeals that it had as of March 31, 1996.''.
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study on the training of the airway transportation systems
specialists of the Federal Aviation Administration (in this
section referred to as ``FAA systems specialists'').
(2) Contents.--The study shall--
(A) include an analysis of the type of training provided to
FAA systems specialists;
(B) include an analysis of the type of training that FAA
systems specialists need to be proficient on the maintenance
of latest technologies;
(C) include a description of actions that the
Administration has undertaken to ensure that FAA systems
specialists receive up-to-date training on the latest
technologies;
(D) identify the amount and cost of FAA systems specialists
training provided by vendors;
(E) identify the amount and cost of FAA systems specialists
training provided by the Administration after developing
courses for the training of such specialists;
(F) identify the amount and cost of travel that is required
of FAA systems specialists in receiving training; and
(G) include a recommendation regarding the most cost-
effective approach to providing FAA systems specialists
training.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
(b) Workload of Systems Specialists.--
(1) Study by national academy of sciences.--Not later than
90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
make appropriate arrangements for the National Academy of
Sciences to conduct a study of the assumptions and methods
used by the Federal Aviation Administration to estimate
staffing needs for FAA systems specialists to ensure proper
maintenance and certification of the national airspace
system.
(2) Contents.--The study shall be conducted so as to
provide the following:
(A) A suggested method of modifying FAA systems specialists
staffing models for application to current local conditions
or applying some other approach to developing an objective
staffing standard.
(B) The approximate cost and length of time for developing
such models.
(3) Report.--Not later than one year after the initiation
of the arrangements under subsection (a), the National
Academy of Sciences shall submit to Congress a report on the
results of the study.
SEC. 604. DESIGNEE PROGRAM.
(a) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
status of recommendations made by the Government
Accountability Office in its October 2004 report, ``Aviation
Safety: FAA Needs to Strengthen Management of Its Designee
Programs'' (GAO-05-40).
(b) Contents.--The report shall include--
(1) an assessment of the extent to which the Federal
Aviation Administration has responded to recommendations of
the Government Accountability Office referred to in
subsection (a);
(2) an identification of improvements, if any, that have
been made to the designee programs referred to in the report
of the Office as a result of such recommendations; and
(3) an identification of further action that is needed to
implement such recommendations, improve the Administration's
management control of the designee programs, and increase
assurance that designees meet the Administration's
performance standards.
SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.
(a) In General.--Not later than October 31, 2009, the
Administrator of the Federal Aviation Administration shall
develop a staffing model for aviation safety inspectors. In
developing the model, the Administrator shall follow the
recommendations outlined in the 2007 study released by the
National Academy of Sciences entitled ``Staffing Standards
for Aviation Safety Inspectors'' and consult with interested
persons, including the exclusive collective bargaining
representative of the aviation safety inspectors.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 606. SAFETY CRITICAL STAFFING.
(a) Aviation Safety Inspectors.--The Administrator of the
Federal Aviation Administration shall increase the number of
aviation safety inspectors in the Flight Standards Service to
not less than--
(1) __ full-time equivalent positions in fiscal year 2008;
(2) __ full-time equivalent positions in fiscal year 2009;
(3) __ full-time equivalent positions in fiscal year 2010;
and
(4) __ full-time equivalent positions in fiscal year 2011.
(b) Operational Support.--The Administrator shall increase
the number of safety technical specialists and operational
support positions in the Flight Standards Service to the
levels necessary, as determined by the Administrator, to
ensure the most efficient and cost-effective use of the
aviation safety inspectors authorized by subsection (a).
(c) Authorization of Appropriations.--In addition to
amounts authorized by section 106(k) of title 49, United
States Code, there is authorized to be appropriated to carry
out subsections (a) and (b)--
(1) $58,000,000 for fiscal year 2008;
(2) $134,000,000 for fiscal year 2009;
(3) $170,000,000 for fiscal year 2010; and
(4) $208,000,000 for fiscal year 2011.
Such sums shall remain available until expended.
(d) Implementation of Staffing Standards.--Notwithstanding
any other provision of this section, upon completion of the
flight standards service staffing model pursuant to section
604 of this Act, and validation of the model by the
Administrator, there are authorized to be appropriated such
sums as may be necessary to support the number of aviation
safety inspectors, safety technical specialists, and
operation support positions that such model determines are
required to meet the responsibilities of the Flight Standards
Service.
SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING.
(a) Study by National Academy of Sciences.--Not later than
90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
enter into appropriate arrangements with the National Academy
of Sciences to conduct a study of the assumptions and methods
used by the Federal Aviation Administration (in this section
referred to as the ``FAA'') to estimate staffing needs for
FAA air traffic controllers to ensure the safe operation of
the national airspace system.
(b) Consultation.--In conducting the study, the National
Academy of Sciences shall consult with the exclusive
bargaining representative of employees of the FAA certified
under section 7111 of title 5, United States Code, the
Administrator of the Federal Aviation Administration, and
representatives of the Civil Aeronautical Medical Institute.
(c) Contents.--The study shall include an examination of
representative information on human factors, traffic
activity, and the technology and equipment used in air
traffic control.
(d) Recommendations and Estimates.--In conducting the
study, the National Academy of Sciences shall develop--
(1) recommendations for the development by the FAA of
objective staffing standards to maintain the safety and
efficiency of the national airspace system with current and
future projected air traffic levels; and
(2) estimates of cost and schedule for the development of
such standards by the FAA or its contractors.
(e) Report.--Not later than 18 months after the date of
enactment of this Act, the National Academy of Sciences shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study.
SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC
CONTROLLERS.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study to assess the adequacy
of training programs for air traffic controllers.
(b) Contents.--The study shall include--
(1) a review of the current training system for air traffic
controllers;
[[Page H10668]]
(2) an analysis of the competencies required of air traffic
controllers for successful performance in the current air
traffic control environment;
(3) an analysis of competencies required of air traffic
controllers as the Federal Aviation Administration
transitions to the Next Generation Air Transportation System;
and
(4) an analysis of various training approaches available to
satisfy the controller competencies identified under
paragraphs (2) and (3).
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on training options for
graduates of the Collegiate Training Initiative program
conducted under section 44506(c) of title 49 United States
Code. The study shall analyze the impact of providing as an
alternative to the current training provided at the Mike
Monroney Aeronautical Center of the Administration a new
controller orientation session for graduates of such programs
at the Mike Monroney Aeronautical Center followed by on-the-
job training for newly hired air traffic controllers who are
graduates of such program and shall include--
(1) the cost effectiveness of such an alternative training
approach; and
(2) the effect that such an alternative training approach
would have on the overall quality of training received by
graduates of such programs.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and to the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
TITLE VII--AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
(a) Extension of Policies.--Section 44302(f)(1) is
amended--
(1) by striking ``August 31, 2006'' and inserting
``September 30, 2011''; and
(2) by striking ``December 31, 2006'' and inserting
``September 30, 2017''.
(b) Successor Program.--Section 44302(f) is amended by
adding at the end the following:
``(3) Successor program.--
``(A) In general.--After December 31, 2017, coverage for
the risks specified in a policy that has been extended under
paragraph (1) shall be provided in an airline industry
sponsored risk retention or other risk-sharing arrangement
approved by the Secretary.
``(B) Transfer of premiums.--
``(i) In general.--On December 31, 2017, and except as
provided in clause (ii), premiums that are collected by the
Secretary from the airline industry after September 22, 2001,
for any policy under this subsection, and interest earned
thereon, as determined by the Secretary, shall be transferred
to an airline industry sponsored risk retention or other
risk-sharing arrangement approved by the Secretary.
``(ii) Determination of amount transferred.--The amount
transferred pursuant to clause (i) shall be less--
``(I) the amount of any claims paid out on such policies
from September 22, 2001, through December 31, 2017;
``(II) the amount of any claims pending under such policies
as of December 31, 2017; and
``(III) the cost, as determined by the Secretary, of
administering the provision of insurance policies under this
chapter from September 22, 2001, through December 31,
2017.''.
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY
LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS
OF TERRORISM.
Section 44303(b) is amended by striking ``December 31,
2006'' and inserting ``December 31, 2012''.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.
Section 44304 is amended in the second sentence by striking
``the carrier'' and inserting ``any insurance carrier''.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.
Section 44308(c)(1) is amended in the second sentence by
striking ``agent'' and inserting ``agent, or a claims
adjuster who is independent of the underwriting agent,''.
SEC. 705. EXTENSION OF PROGRAM AUTHORITY.
Section 44310 is amended by striking ``March 30, 2008'' and
inserting ``September 30, 2017''.
TITLE VIII--MISCELLANEOUS
SEC. 801. AIR CARRIER CITIZENSHIP.
Section 40102(a)(15) is amended by adding at the end the
following:
``For purposes of subparagraph (C), an air carrier shall not
be deemed to be under the actual control of citizens of the
United States unless citizens of the United States control
all matters pertaining to the business and structure of the
air carrier, including operational matters such as marketing,
branding, fleet composition, route selection, pricing, and
labor relations.''.
SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST
OF NATIONAL SECURITY.
Section 40119(b) is amended by adding at the end the
following:
``(3) Limitation on applicability of freedom of information
act.--Section 552a of title 5, United States Code, shall not
apply to disclosures that the Administrator of the Federal
Aviation Administration may make from the systems of records
of the Administration to any Federal law enforcement,
intelligence, protective service, immigration, or national
security official in order to assist the official receiving
the information in the performance of official duties.''.
SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE
SYSTEMS.
(a) In General.--Chapter 401 is amended by adding at the
end the following:
``Sec. 40130. FAA access to criminal history records or
databases systems
``(a) Access to Records or Databases Systems.--
``(1) Access to information.--Notwithstanding section 534
of title 28, and regulations issued to implement such
section, the Administrator of the Federal Aviation
Administration may access a system of documented criminal
justice information maintained by the Department of Justice
or by a State but may do so only for the purpose of carrying
out civil and administrative responsibilities of the
Administration to protect the safety and security of the
national airspace system or to support the missions of the
Department of Justice, the Department of Homeland Security,
and other law enforcement agencies.
``(2) Release of information.-- In accessing a system
referred to in paragraph (1), the Administrator shall be
subject to the same conditions and procedures established by
the Department of Justice or the State for other governmental
agencies with access to the system.
``(3) Limitation.--The Administrator may not use the access
authorized under paragraph (1) to conduct criminal
investigations.
``(b) Designated Employees.--The Administrator shall
designate, by order, employees of the Administration who
shall carry out the authority described in subsection (a).
The designated employees may--
``(1) have access to and receive criminal history, driver,
vehicle, and other law enforcement information contained in
the law enforcement databases of the Department of Justice,
or any jurisdiction of a State, in the same manner as a
police officer employed by a State or local authority of that
State who is certified or commissioned under the laws of that
State;
``(2) use any radio, data link, or warning system of the
Federal Government, and of any jurisdiction in a State, that
provides information about wanted persons, be-on-the-lookout
notices, warrant status, or other officer safety information
to which a police officer employed by a State or local
authority in that State who is certified or commission under
the laws of that State has access and in the same manner as
such police officer; or
``(3) receive Federal, State, or local government
communications with a police officer employed by a State or
local authority in that State in the same manner as a police
officer employed by a State or local authority in that State
who is commissioned under the laws of that State.
``(c) System of Documented Criminal Justice Information
Defined.--In this section, the term `system of documented
criminal justice information' means any law enforcement
database, system, or communication containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.''.
(b) Clerical Amendment.--The analysis for chapter 401 is
amended by adding at the end the following:
``40130. FAA access to criminal history records or databases
systems.''.
SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.
(a) In General.--Section 47129 is amended--
(1) in the section heading by striking ``air carrier'' and
inserting ``carrier'';
(2) in subsection (a) by striking ``(as defined in section
40102 of this title)'' and inserting ``(as such terms are
defined in section 40102)'';
(3) in the heading for subsection (d) by striking ``Air
Carrier'' and inserting ``Air Carrier and Foreign Air
Carrier'';
(4) in the heading for paragraph (2) of subsection (d) by
striking ``air carrier'' and inserting ``air carrier and
foreign air carrier'';
(5) by striking ``air carriers'' each place it appears and
inserting ``air carriers or foreign air carriers'';
(6) by striking ``air carrier'' each place it appears and
inserting ``air carrier or foreign air carrier''; and
(7) by striking ``air carrier's'' each place it appears and
inserting ``air carrier's or foreign air carrier's''.
(b) Clerical Amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47129 and
inserting the following:
``47129. Resolution of airport-carrier disputes concerning airport
fees.''.
[[Page H10669]]
SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT
SYSTEMS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a study to evaluate the formulation of the National
Plan of Integrated Airport Systems (in this section referred
to as the ``plan'') under section 47103 of title 49, United
States Code.
(b) Contents of Study.--The study shall include a review of
the following:
(1) The criteria used for including airports in the plan
and the application of such criteria in the most recently
published version of the plan.
(2) The changes in airport capital needs between fiscal
years 2001 and 2007, as reported in the plan, as compared
with the amounts apportioned or otherwise made available to
individual airports over the same period of time.
(3) A comparison of the amounts received by airports under
the airport improvement program in airport apportionments,
State apportionments, and discretionary grants during such
fiscal years with capital needs as reported in the plan.
(4) The effect of transfers of airport apportionments under
title 49, United States Code.
(5) Any other matters pertaining to the plan that the
Secretary determines appropriate.
(c) Report to Congress.--
(1) Submission.--Not later than 36 months after the date of
initiation of the study, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
(2) Contents.--The report shall include--
(A) the findings of the Secretary on each of the subjects
listed in subsection (b);
(B) recommendations for any changes to policies and
procedures for formulating the plan; and
(C) recommendations for any changes to the methods of
determining the amounts to be apportioned or otherwise made
available to individual airports.
SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.
(a) In General.--Section 201 of the Railway Labor Act (45
U.S.C. 181) is amended--
(1) by striking ``All'' and inserting ``(a) In General.--
All'';
(2) by inserting ``and every express carrier'' after
``common carrier by air''; and
(3) by adding at the end the following:
``(b) Special Rules for Express Carriers.--
``(1) In general.--An employee of an express carrier shall
be covered by this Act only if that employee is in a position
that is eligible for certification under part 61, 63, or 65
of title 14, Code of Federal Regulations, and only if that
employee performs duties for the express carrier that are
eligible for such certification. All other employees of an
express carrier shall be covered by the provisions of the
National Labor Relations Act (29 U.S.C. 151 et seq.).
``(2) Air carrier status.--Any person that is an express
carrier shall be governed by paragraph (1) notwithstanding
any finding that the person is also a common carrier by air.
``(3) Express carrier defined.--In this section, the term
`express carrier' means any person (or persons affiliated
through common control or ownership) whose primary business
is the express shipment of freight or packages through an
integrated network of air and surface transportation.''.
(b) Conforming Amendment.--Section 1 of such Act (45 U.S.C.
151) is amended in the first paragraph by striking ``, any
express company that would have been subject to subtitle IV
of title 49, United States Code, as of December 31, 1995,,''.
SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.
(a) Establishment of Working Group.--Not later than 9
months after the date of enactment of this Act, the Secretary
of Transportation shall establish within the FAA a working
group to develop criteria and make recommendations for the
realignment of services and facilities of the FAA to assist
in the transition to next generation facilities and to help
reduce capital, operating, maintenance, and administrative
costs in instances in which cost reductions can be
implemented without adversely affecting safety.
(b) Membership.--The working group shall be composed of, at
a minimum--
(1) the Administrator of the FAA;
(2) 2 representatives of air carriers;
(3) 2 representatives of the general aviation community;
(4) 2 representatives of labor unions representing
employees who work at field facilities of the FAA; and
(5) 2 representatives of the airport community.
(c) Report to Congress Containing Recommendations of the
Working Group.--
(1) Submission.--Not later than 6 months after convening
the working group, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
criteria and recommendations developed by the working group
under this section.
(2) Contents.--The report shall include a justification for
each recommendation to consolidate or realign a facility or
service and a description of the costs and savings associated
with the consolidation or realignment.
(d) Public Notice and Comment.--The Administrator shall
publish the report submitted under subsection (c) in the
Federal Register and allow 45 days for the submission of
public comments. In addition, the Administrator upon request
shall hold a public hearing in a community that would be
affected by a recommendation in the report.
(e) Objections.--Any interested person may file with the
Administrator a written objection to a recommendation of the
working group.
(f) Report to Congress Containing Recommendations of the
Administrator.--Not later than 60 days after the last day of
the period for public comment under subsection (d), the
Administrator shall submit to the committees referred to in
subsection (c)(1) a report containing the recommendations of
the Administrator on realignment of services and facilities
of the FAA and copies of any public comments and objections
received by the Administrator under this section.
(g) Limitation on Implementation of Realignments and
Consolidations.--The Administrator may not realign or
consolidate any services or facilities of the FAA before the
Administrator has submitted the report under subsection (f).
(h) FAA Defined.--In this section, the term ``FAA'' means
the Federal Aviation Administration.
SEC. 808. TRANSPORTATION SECURITY ADMINISTRATION CENTRALIZED
TRAINING FACILITY FEASIBILITY STUDY.
(a) Study.--The Secretary of Homeland Security shall carry
out a study on the feasibility of establishing a centralized
training center for advanced security training by the
Transportation Security Administration.
(b) Considerations.--In conducting the study, the Secretary
shall take into consideration the benefits, cost, equipment,
and building requirements for a training center and whether
the benefits of establishing a center would be an efficient
process for training transportation security officers.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUSTRY IN
INTERNATIONAL CHILD ABDUCTION CASES.
(a) Study.--The Comptroller General shall conduct a study
to help determine how the Federal Aviation Administration (in
this section referred to as the ``FAA'') could better ensure
the collaboration and cooperation of air carriers and foreign
air carriers providing air transportation and relevant
Federal agencies to develop and enforce child safety control
for adults traveling internationally with children.
(b) Contents.--In conducting the study, the Comptroller
General shall examine--
(1) the nature and scope of exit policies and procedures of
the FAA, air carriers, and foreign air carriers and how the
enforcement of such policies and procedures is monitored,
including ticketing and boarding procedures;
(2) the extent to which air carriers and foreign air
carriers cooperate in the investigations of international
child abduction cases, including cooperation with the
National Center for Missing and Exploited Children and
relevant Federal, State, and local agencies;
(3) any effective practices, procedures, or lessons learned
from the assessment of current practices and procedures of
air carriers, foreign air carriers, and operators of other
transportation modes that could improve the ability of the
aviation community to ensure the safety of children traveling
internationally with adults and, as appropriate, enhance the
capability of air carriers and foreign air carriers to
cooperate in the investigations of international child
abduction cases; and
(4) any liability issues associated with providing
assistance in such investigations.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the results of the study.
SEC. 810. LOST NATION AIRPORT, OHIO.
(a) Approval of Sale.--The Secretary of Transportation may
approve the sale of Lost Nation Airport from the city of
Willoughby, Ohio, to Lake County, Ohio, if--
(1) Lake County meets all applicable requirements for
sponsorship of the airport; and
(2) Lake County agrees to assume the obligations and
assurances of the grant agreements relating to the airport
executed by the city of Willoughby under chapter 471 of title
49, United States Code, and to operate and maintain the
airport in accordance with such obligations and assurances.
(b) Treatment of Proceeds From Sale.--The Secretary may
grant to the city of Willoughby an exemption from the
provisions of sections 47107 and 47133 of such title, any
grant obligations of the city of Willoughby, and regulations
and policies of the Federal Aviation Administration to the
extent necessary to allow the city of Willoughby to use the
proceeds from the sale approved under subsection (a) for any
purpose authorized by the city of Willoughby.
SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.
(a) Findings.--Congress finds that--
(1) Pollock Municipal Airport located in Pollock, Louisiana
(in this section referred
[[Page H10670]]
to as the ``airport''), has never been included in the
National Plan of Integrated Airport Systems pursuant to
section 47103 of title 49, United States Code, and is
therefore not considered necessary to meet the current or
future needs of the national aviation system; and
(2) closing the airport will not adversely affect aviation
safety, aviation capacity, or air commerce.
(b) Request for Closure.--
(1) Approval.--Notwithstanding any other provision of law,
requirement, or agreement and subject to the requirements of
this section, the Administrator of the Federal Aviation
Administration shall--
(A) approve a request from the town of Pollock, Louisiana,
to close the airport as a public airport; and
(B) release the town from any term, condition, reservation,
or restriction contained in a surplus property conveyance or
transfer document, and from any order or finding by the
Department of Transportation on the use and repayment of
airport revenue applicable to the airport, that would
otherwise prevent the closure of the airport and
redevelopment of the facilities to nonaeronautical uses.
(2) Continued airport operation prior to approval.--The
town of Pollock shall continue to operate and maintain the
airport until the Administrator grants the town's request for
closure of the airport.
(3) Use of proceeds from sale of airport.--Upon the
approval of the request to close the airport, the town of
Pollock shall obtain fair market value for the sale of the
airport property and shall immediately upon receipt transfer
all such proceeds from the sale of the airport property to
the sponsor of a public airport designated by the
Administrator to be used for the development or improvement
of such airport.
(4) Relocation of aircraft.--Before closure of the airport,
the town of Pollock shall provide adequate time for any
airport-based aircraft to relocate.
SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a human intervention
and motivation study program for flight crewmembers involved
in air carrier operations in the United States under part 121
of title 14, Code of Federal Regulations.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2011. Such
sums shall remain available until expended.
SEC. 813. WASHINGTON, D.C., AIR DEFENSE IDENTIFICATION ZONE.
(a) Submission of Plan to Congress.--Not later than 90 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration, in coordination with
Secretary of Homeland Security and Secretary of Defense,
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan for the Washington, D.C., Air Defense
Identification Zone.
(b) Contents of Plan.--The plan shall outline specific
changes to the Washington, D.C., Air Defense Identification
Zone that will decrease operational impacts and improve
general aviation access to airports in the National Capital
Region that are currently impacted by the zone.
SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.
(a) In General.--Notwithstanding any other provision of
law, including the Federal Airport Act (as in effect on
August 8, 1958), the United States releases, without monetary
consideration, all restrictions, conditions, and limitations
on the use, encumbrance, or conveyance of certain land
located in the municipality of Anchorage, Alaska, more
particularly described as Tracts 22 and 24 of the Fourth
Addition to the Town Site of Anchorage, Alaska, as shown on
the plat of U.S. Survey No. 1456, accepted June 13, 1923, on
file in the Bureau of Land Management, Department of
Interior.
(b) Grants.--Notwithstanding any other provision of law,
the municipality of Anchorage shall be released from the
repayment of any outstanding grant obligations owed by the
municipality to the Federal Aviation Administration with
respect to any land described in subsection (a) that is
subsequently conveyed to or used by the Department of
Transportation and Public Facilities of the State of Alaska
for the construction or reconstruction of a federally
subsidized highway project.
SEC. 815. WILLIAM P. HOBBY AIRPORT, HOUSTON, TEXAS.
It is the sense of Congress that the Nation--
(1) supports the goals and ideals of the 1940 Air Terminal
Museum located at William P. Hobby Airport in the city of
Houston, Texas;
(2) congratulates the city of Houston and the 1940 Air
Terminal Museum on the 80-year history of William P. Hobby
Airport and the vital role of the airport in Houston's and
the Nation's transportation infrastructure; and
(3) recognizes the 1940 Air Terminal Museum for its
importance to the Nation in the preservation and presentation
of civil aviation heritage and recognizes the importance of
civil aviation to the Nation's history and economy.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Federal Aviation Research
and Development Reauthorization Act of 2007''.
SEC. 902. DEFINITIONS.
As used in this title, the following definition apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) National research council.--The term ``National
Research Council'' means the National Research Council of the
National Academies of Science and Engineering.
(5) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(6) NSF.--The term ``NSF'' means the National Science
Foundation.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF
AVIATION ON THE CLIMATE.
(a) In General.--The Administrator, in coordination with
NASA and the United States Climate Change Science Program,
shall establish a research initiative to assess the impact of
aviation on the climate and, if warranted, to evaluate
approaches to mitigate that impact.
(b) Research Plan.--Not later than one year after the date
of enactment of this Act, the participating Federal entities
shall jointly develop a plan for the research program that
contains the objectives, proposed tasks, milestones, and 5-
year budgetary profile.
SEC. 904. RESEARCH PROGRAM ON RUNWAYS.
(a) Research Program.--The Administrator shall maintain a
program of research grants to universities and nonprofit
research foundations for research and technology
demonstrations related to--
(1) improved runway surfaces; and
(2) engineered material restraining systems for runways at
both general aviation airports and airports with commercial
air carrier operations.
(b) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2008 through 2011 to carry out this section.
SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.
(a) Establishment of Program.--Not later than 6 months
after the date of enactment of this Act, the FAA, in
consultation with other agencies as appropriate, shall
establish a research program on methods to improve both
confidence in and the timeliness of certification of new
technologies for their introduction into the national
airspace system.
(b) Research Plan.--Not later than 1 year after the date of
enactment of this Act, as part of the activity described in
subsection (a), the FAA shall develop a plan for the research
program that contains the objectives, proposed tasks,
milestones, and five-year budgetary profile.
(c) Review.--The Administrator shall have the National
Research Council conduct an independent review of the
research program plan and provide the results of that review
to the Committee on Science and Technology and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 18 months after
the date of enactment of this Act.
SEC. 906. CENTERS OF EXCELLENCE.
(a) Government's Share of Costs.--Section 44513(f) is
amended to read as follows:
``(f) Government's Share of Costs.--The United States
Government's share of establishing and operating the center
and all related research activities that grant recipients
carry out shall not exceed 75 percent of the costs. The
United States Government's share of an individual grant under
this section shall not exceed 90 percent of the costs.''.
(b) Annual Report.--The Administrator shall transmit
annually to the Committee on Science and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate at the time of the
President's budget request a report that lists--
(1) the research projects that have been initiated by each
Center of Excellence in the preceding year;
(2) the amount of funding for each research project and the
funding source;
(3) the institutions participating in each project and
their shares of the overall funding for each research
project; and
(4) the level of cost-sharing for each research project.
SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.
Section 44511(f) is amended--
(1) in paragraph (1) by striking ``establish a 4-year
pilot'' and inserting ``maintain an''; and
(2) in paragraph (4)--
(A) by striking ``expiration of the program'' and inserting
``expiration of the pilot program''; and
(B) by striking ``program, including recommendations as to
the need for establishing a permanent airport cooperative
research program'' and inserting ``program''.
[[Page H10671]]
SEC. 908. UNMANNED AIRCRAFT SYSTEMS.
(a) Research Initiative.--Section 44504(b) is amended--
(1) in paragraph (6) by striking ``and'' after the
semicolon;
(2) in paragraph (7) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) in conjunction with other Federal agencies, as
appropriate, to develop technologies and methods to assess
the risk of and prevent defects, failures, and malfunctions
of products, parts, and processes, for use in all classes of
unmanned aircraft systems that could result in a catastrophic
failure of the unmanned aircraft that would endanger other
aircraft in the national airspace system.''.
(b) Systems, Procedures, Facilities, and Devices.--Section
44505(b) is amended--
(1) in paragraph (4) by striking ``and'' after the
semicolon;
(2) in paragraph (5)(C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft systems safety;
and
``(7) to develop dynamic simulation models for integrating
all classes of unmanned aircraft systems into the national
airspace system without any degradation of existing levels of
safety for all national airspace system users.''.
SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE
STUDENTS.
(a) In General.--The Administrator shall establish a
program to utilize colleges and universities, including
Historically Black Colleges and Universities, Hispanic
serving institutions, tribally controlled colleges and
universities, and Alaska Native and Native Hawaiian serving
institutions in conducting research by undergraduate students
on subjects of relevance to the FAA. Grants may be awarded
under this section for--
(1) research projects to be carried out primarily by
undergraduate students;
(2) research projects that combine undergraduate research
with other research supported by the FAA;
(3) research on future training requirements related to
projected changes in regulatory requirements for aircraft
maintenance and power plant licensees; and
(4) research on the impact of new technologies and
procedures, particularly those related to aircraft flight
deck and air traffic management functions, and on training
requirements for pilots and air traffic controllers.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 for each of the fiscal years
2008 through 2011, for research grants under this section.
SEC. 910. RESEARCH PROGRAM ON SPACE WEATHER AND AVIATION.
(a) Establishment.--The Administrator shall, in
coordination with the National Science Foundation, National
Aeronautics and Space Administration, National Oceanic and
Atmospheric Administration, and other relevant agencies,
initiate a research program to--
(1) conduct or supervise research projects on impacts of
space weather to aviation, including communication,
navigation, avionic systems, and on airline passengers and
personnel; and
(2) facilitate the transfer of technology from space
weather research programs to Federal agencies with
operational responsibilities and to the private sector.
(b) Use of Grants or Cooperative Agreements.--The
Administrator may use grants or cooperative agreements in
carrying out this section.
(c) Authorization of Appropriations.--In addition to
amounts authorized to be appropriated by the amendments made
by this Act, there is authorized to be appropriated
$1,000,000 for each of the fiscal years 2008 through 2011 to
carry out this section.
SEC. 911. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.
(a) Continuation of Program.--The Administrator, in
coordination with the NASA Administrator, shall continue
research and development activities into technologies for
modification of existing general aviation piston engines to
enable their safe operation using unleaded aviation fuel.
(b) Roadmap.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall develop a
research and development roadmap for the program continued in
subsection (a), containing the specific research and
development objectives and the anticipated timetable for
achieving the objectives.
(c) Report.--Not later than 130 days after the date of
enactment of this Act, the Administrator shall provide the
roadmap specified in subsection (b) to the Committee on
Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $750,000 for each of the fiscal years 2008
through 2010 to carry out this section.
SEC. 912. RESEARCH REVIEWS AND ASSESSMENTS.
(a) Review of FAA's Energy- and Environment-Related
Research Programs.--
(1) Study.--The Administrator shall enter into an
arrangement with the National Research Council for a review
of the FAA's energy- and environment-related research
programs. The review shall assess whether--
(A) the programs have well-defined, prioritized, and
appropriate research objectives;
(B) the programs are properly coordinated with the energy-
and environment-related research programs of NASA, NOAA, and
other relevant agencies;
(C) the programs have allocated appropriate resources to
each of the research objectives; and
(D) there exist suitable mechanisms for transitioning the
research results into the FAA's operational technologies and
procedures and certification activities.
(2) Report.--A report containing the results of the review
shall be provided to the Committee on Science and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate within 18
months of the enactment of this Act.
(b) Assessment of the Impact of Space Weather on
Aviation.--
(1) Study.--The Administrator shall enter into an
arrangement with the National Research Council for a study of
the impacts of space weather on the current and future United
States aviation industry, and in particular, to examine the
risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR)
operations. The study shall--
(A) examine space weather impacts on at least the following
areas: communications, navigation, avionics, and human health
in flight;
(B) assess the benefits of space weather information and
services to reduce aviation costs and maintain safety;
(C) provide recommendations on how NASA, NOAA, and the NSF
can most effectively carry out research and monitoring
activities related to space weather and aviation; and
(D) provide recommendations on how to integrate space
weather information into the Next Generation Air
Transportation System.
(2) Report.--A report containing the results of the study
shall be provided to the Committee on Science and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than 1 year after the date of enactment of this Act.
SEC. 913. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH
PROGRAMS.
(a) Review.--The Administrator shall enter into an
arrangement with the National Research Council for an
independent review of the FAA's aviation safety-related
research programs. The review shall assess whether--
(1) the programs have well-defined, prioritized, and
appropriate research objectives;
(2) the programs are properly coordinated with the safety
research programs of NASA and other relevant Federal
agencies;
(3) the programs have allocated appropriate resources to
each of the research objectives; and
(4) there exist suitable mechanisms for transitioning the
research results from the programs into the FAA's operational
technologies and procedures and certification activities in a
timely manner.
(b) Aviation Safety-Related Research Programs to Be
Assessed.--The FAA aviation safety-related research programs
to be assessed under the review shall include, at a minimum,
the following:
(1) Air traffic control/technical operations human factors.
(2) Runway incursion reduction.
(3) Flightdeck/maintenance system integration human
factors.
(4) Airports technology research--safety.
(5) Airport cooperative research program--safety.
(6) Weather program.
(7) Atmospheric hazards/digital system safety.
(8) Fire research and safety.
(9) Propulsion and fuel systems.
(10) Advanced materials/structural safety.
(11) Aging aircraft.
(12) Aircraft catastrophic failure prevention research.
(13) Aeromedical research.
(14) Aviation safety risk analysis.
(15) Unmanned aircraft systems research.
(16) Safe Flight 21--Alaska Capstone.
(c) Report.--Not later than 14 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the review.
(d) Authorization of Appropriations.--In addition to
amounts authorized to be appropriated by the amendments made
by this Act, there is authorized to be appropriated $700,000
for fiscal year 2008 to carry out this section.
SEC. 914. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY
FOR CIVIL AIRCRAFT.
(a) Establishment of Research Program.--Using amounts made
available under section 48102(a) of title 49, United States
Code, the Secretary of Transportation shall establish a
research program related to developing jet fuel from
alternative sources (such as coal, natural gas, biomass,
ethanol, butanol, and hydrogen) through grants or other
measures authorized under section 106(l)(6) of such title,
including reimbursable agreements with other Federal
agencies.
(b) Participation by Educational and Research
Institutions.--In conducting the
[[Page H10672]]
program, the Secretary shall provide for participation by
educational and research institutions that have existing
facilities and experience in the development and deployment
of technology for alternative jet fuels.
(c) Designation of Institute as a Center of Excellence.--
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall designate an institution described in subsection (a) as
a Center of Excellence for Alternative Jet Fuel Research.
SEC. 915. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.
(a) Establishment.--The Administrator shall establish a
Center for Excellence in Aviation Employment (in this section
referred to as the ``Center'').
(b) Applied Research and Training.--The Center shall
conduct applied research and training on--
(1) human performance in the air transportation
environment;
(2) air transportation personnel, including air traffic
controllers, pilots, and technicians; and
(3) any other aviation human resource issues pertinent to
developing and maintaining a safe and efficient air
transportation system.
(c) Duties.--The Center shall--
(1) in conjunction with the Collegiate Training Initiative
and other air traffic controller training programs, develop,
implement, and evaluate a comprehensive, best-practices based
training program for air traffic controllers;
(2) work with the Office of Human Resource Management of
the FAA as that office develops and implements a strategic
recruitment and marketing program to help the FAA compete for
the best qualified employees and incorporate an employee
value proposition process that results in attracting a broad-
based and diverse aviation workforce in mission critical
positions, including air traffic controller, aviation safety
inspector, airway transportation safety specialist, and
engineer;
(3) through industry surveys and other research
methodologies and in partnership with the ``Taskforce on the
Future of the Aerospace Workforce'' and the Secretary of
Labor, establish a baseline of general aviation employment
statistics for purposes of projecting and anticipating future
workforce needs and demonstrating the economic impact of
general aviation employment;
(4) conduct a comprehensive analysis of the airframe and
powerplant technician certification process and employment
trends for maintenance repair organization facilities,
certificated repair stations, and general aviation
maintenance organizations;
(5) establish a best practices model in aviation
maintenance technician school environments; and
(6) establish a workforce retraining program to allow for
transition of recently unemployed and highly skilled
mechanics into aviation employment.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary to carry out this section. Such sums shall remain
available until expended.
TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Airport and Airway Trust
Fund Financing Act of 2007''.
SEC. 1002. EXTENSION AND MODIFICATION OF TAXES FUNDING
AIRPORT AND AIRWAY TRUST FUND.
(a) Rate of Tax on Aviation-Grade Kerosene and Aviation
Gasoline.--
(1) Aviation-grade kerosene.--Subparagraph (A) of section
4081(a)(2) of the Internal Revenue Code of 1986 (relating to
rates of tax) is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iv) in the case of aviation-grade kerosene, 35.9 cents
per gallon.''.
(2) Aviation gasoline.--Clause (ii) of section
4081(a)(2)(A) of such Code is amended by striking ``19.3
cents'' and inserting ``24.1 cents''.
(3) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) of such Code is amended to read as follows:
``(C) Taxes imposed on fuel used in commercial aviation.--
In the case of aviation-grade kerosene which is removed from
any refinery or terminal directly into the fuel tank of an
aircraft for use in commercial aviation by a person
registered for such use under section 4101, the rate of tax
under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) of such Code is
amended by inserting ``other than aviation-grade kerosene''
after ``kerosene''.
(B) The following provisions of such Code are each amended
by striking ``kerosene'' and inserting ``aviation-grade
kerosene'':
(i) Section 4081(a)(3)(A)(ii).
(ii) Section 4081(a)(3)(A)(iv).
(iii) Section 4081(a)(3)(D).
(C) Section 4081(a)(3)(D) of such Code is amended--
(i) by striking ``paragraph (2)(C)(i)'' in clause (i) and
inserting ``paragraph (2)(C)'', and
(ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii)
and inserting ``paragraph (2)(A)(iv)''.
(D) Section 4081(a)(4) of such Code is amended in the
heading by striking ``kerosene'' and inserting ``aviation-
grade kerosene''.
(E) Section 4081(d)(2) of such Code is amended by inserting
``, (a)(2)(A)(iv),'' after ``subsections (a)(2)(A)(ii)''.
(b) Extension.--
(1) Fuels taxes.--Paragraph (2) of section 4081(d) of such
Code is amended by striking ``gallon--'' and all that follows
and inserting ``gallon after September 30, 2011''.
(2) Taxes on transportation of persons and property.--
(A) Persons.--Clause (ii) of section 4261(j)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2011''.
(B) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2011''.
(c) Exemption for Aviation-Grade Kerosene Removed Into an
Aircraft.--Subsection (e) of section 4082 of such Code is
amended--
(1) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(2) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(3) by striking ``Kerosene'' in the heading and inserting
``Aviation-Grade Kerosene''.
(d) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) of such Code is amended by inserting ``at the
rate specified in subsection (a)(2)(A)(iv) thereof'' after
``section 4081''.
(2) Rate of tax.--Paragraph (3) of section 4041(c) of such
Code is amended to read as follows:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax in effect under section
4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
sale or use for commercial aviation).''.
(e) Refunds Relating to Aviation-Grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) of such Code is amended by striking
``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the
case may be,'' and inserting ``so imposed''.
(2) Kerosene used in aviation.--Paragraph (4) of section
6427(l) of such Code is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B), and
(B) by amending subparagraph (B), as redesignated by
subparagraph (A), to read as follows:
``(B) Payments to ultimate, registered vendor.--With
respect to any kerosene used in aviation (other than kerosene
to which paragraph (6) applies), if the ultimate purchaser of
such kerosene waives (at such time and in such form and
manner as the Secretary shall prescribe) the right to payment
under paragraph (1) and assigns such right to the ultimate
vendor, then the Secretary shall pay (without interest) the
amount which would be paid under paragraph (1) to such
ultimate vendor, but only if such ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of subparagraph (A), (B), or
(D) of section 6416(a)(1).''.
(3) Aviation-grade kerosene not used in aviation.--
Subsection (l) of section 6427 of such Code is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Refunds for aviation-grade kerosene not used in
aviation.--If tax has been imposed under section 4081 at the
rate specified in section 4081(a)(2)(A)(iv) and the fuel is
used other than in an aircraft, the Secretary shall pay
(without interest) to the ultimate purchaser of such fuel an
amount equal to the amount of tax imposed on such fuel
reduced by the amount of tax that would be imposed under
section 4041 if no tax under section 4081 had been
imposed.''.
(4) Conforming amendments.--
(A) Section 6427(i)(4) of such Code is amended--
(i) by striking ``(4)(C)'' the first two places it occurs
and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and'' and inserting
``and''.
(B) Section 4082(d)(2)(B) of such Code is amended by
striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
(f) Airport and Airway Trust Fund.--
(1) Extension of trust fund authorities.--
(A) Expenditures from trust fund.--Paragraph (1) of section
9502(d) of such Code is amended--
(i) in the matter preceding subparagraph (A) by striking
``October 1, 2007'' and inserting ``October 1, 2011'', and
(ii) in subparagraph (A) by inserting ``or the FAA
Reauthorization Act of 2007'' before the semicolon at the
end.
(B) Limitation on transfers to trust fund.--Paragraph (2)
of section 9502(f) of such Code is amended by striking
``October 1, 2007'' and inserting ``October 1, 2011''.
(2) Transfers to trust fund.--Subparagraph (C) of section
9502(b)(1) of such Code is amended to read as follows:
``(C) section 4081 with respect to aviation gasoline and
aviation-grade kerosene, and''.
(3) Transfers on account of certain refunds.--
(A) In general.--Subsection (d) of section 9502 of such
Code is amended--
(i) in paragraph (2) by striking ``(other than subsection
(l)(4) thereof)'', and
[[Page H10673]]
(ii) in paragraph (3) by striking ``(other than payments
made by reason of paragraph (4) of section 6427(l))''.
(B) Conforming amendments.--
(i) Section 9503(b)(4) of such Code is amended by striking
``or'' at the end of subparagraph (C), by striking the period
at the end of subparagraph (D) and inserting a comma, and by
inserting after subparagraph (D) the following:
``(E) section 4081 to the extent attributable to the rate
specified in clause (ii) or (iv) of section 4081(a)(2)(A), or
``(F) section 4041(c).''.
(ii) Section 9503(c) of such Code is amended by striking
the last paragraph (relating to transfers from the Trust Fund
for certain aviation fuel taxes).
(iii) Section 9502(a) of such Code is amended by striking
``, section 9503(c)(7),''.
(4) Transfers on account of aviation-grade kerosene not
used in aviation.--Section 9502(d) of such Code is amended by
adding at the end the following new paragraph:
``(7) Transfers from airport and airway trust fund on
account of aviation-grade kerosene not used in aviation.--The
Secretary of the Treasury shall pay from time to time from
the Airport and Airway Trust Fund into the Highway Trust Fund
amounts as determined by the Secretary of the Treasury
equivalent to amounts transferred to the Airport and Airway
Trust Fund with respect to aviation-grade kerosene not used
in aviation.''.
(5) Expenditures for air traffic control modernization.--
Section 9502(d) of such Code, as amended by this title, is
amended by adding at the end the following new paragraph:
``(8) Expenditures for air traffic control modernization.--
The following amounts may be used only for making
expenditures to carry out air traffic control modernization:
``(A) So much of the amounts appropriated under subsection
(b)(1)(C) as the Secretary estimates are attributable to--
``(i) 14.1 cents per gallon of the tax imposed at the rate
specified in section 4081(a)(2)(A)(iv) in the case of
aviation-grade kerosene used other than in commercial
aviation (as defined in section 4083(b)), and
``(ii) 4.8 cents per gallon of the tax imposed at the rate
specified in section 4081(a)(2)(A)(ii) in the case of
aviation gasoline used other than in commercial aviation (as
so defined).
``(B) Any amounts credited to the Airport and Airway Trust
Fund under section 9602(b) with respect to amounts described
in this paragraph.''.
(g) Effective Date.--
(1) Modifications.--Except as provided in paragraph (2),
the amendments made by this section shall apply to fuels
removed, entered, or sold after December 31, 2007.
(2) Extensions.--The amendments made by subsections (b) and
(f)(1) shall take effect on the date of the enactment of this
Act.
(h) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on January 1, 2008, by any person, there is hereby
imposed a floor stocks tax on aviation fuel equal to--
(A) the tax which would have been imposed before such date
on such fuel had the amendments made by this section been in
effect at all times before such date, reduced by
(B) the sum of--
(i) the tax imposed before such date on such fuel under
section 4081 of the Internal Revenue Code of 1986, as in
effect on such date, and
(ii) in the case of kerosene held exclusively for such
person's own use, the amount which such person would (but for
this clause) reasonably expect (as of such date) to be paid
as a refund under section 6427(l) of such Code with respect
to such kerosene.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation fuel on
January 1, 2008, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid on April 30, 2008, and in such
manner as the Secretary of the Treasury shall prescribe.
(3) Transfer of floor stock tax revenues to trust funds.--
For purposes of determining the amount transferred to the
Airport and Airway Trust Fund, the tax imposed by this
subsection shall be treated as imposed by the provision of
section 4081 of the Internal Revenue Code of 1986 which
applies with respect to the aviation fuel involved.
(4) Definitions.--For purposes of this subsection--
(A) Aviation fuel.--The term ``aviation fuel'' means
aviation-grade kerosene and aviation gasoline, as such terms
are used within the meaning of section 4081 of the Internal
Revenue Code of 1986.
(B) Held by a person.--Aviation fuel shall be considered as
held by a person if title thereto has passed to such person
(whether or not delivery to the person has been made).
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(5) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any aviation fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable under the Internal Revenue
Code of 1986 for such use.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by paragraph (1)
on any aviation fuel held on January 1, 2008, by any person
if the aggregate amount of such aviation fuel held by such
person on such date does not exceed 2,000 gallons. The
preceding sentence shall apply only if such person submits to
the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require
for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A), there
shall not be taken into account any aviation fuel held by any
person which is exempt from the tax imposed by paragraph (1)
by reason of paragraph (6).
(C) Controlled groups.--For purposes of this subsection--
(i) Corporations.--
(I) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(II) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(ii) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control if 1 or more of such persons
is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code on the aviation fuel
involved shall, insofar as applicable and not inconsistent
with the provisions of this subsection, apply with respect to
the floor stock taxes imposed by paragraph (1) to the same
extent as if such taxes were imposed by such section.
The Acting CHAIRMAN. No further amendment to the bill, as amended,
shall be in order except those printed in part C of the report. Each
amendment may be offered only in the order printed in the report, may
be offered only by a Member designated in the report, shall be
considered read, debatable for the time specified in the report,
equally divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.
Amendment No. 1 Offered by Mr. Oberstar
The Acting CHAIRMAN. It is now in order to consider amendment No. 1
printed in part C of House Report 110-335.
Mr. OBERSTAR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Oberstar:
In the item relating to section 104 of the table of
contents on the first page of the amendment, insert ``,
engineering,'' after ``Research''.
Page 10, line 7, insert ``, ENGINEERING,'' after
``RESEARCH''.
Page 12, line 1, strike ``$3,000,000'' and insert
``$5,000,000''.
Page 37, line 24, strike ``sections'' and insert
``section''.
Page 47, line 21, insert ``on or after October 1, 1996,''
after ``that airport''.
In subtitle D of title I of the amendment, redesignate, on
page 50, section 149 as section 151 and insert after section
148 on page 50 the following:
SEC. 149. PUERTO RICO MINIMUM GUARANTEE.
Section 47114(e) is amended--
(1) in the subsection heading by inserting ``and Puerto
Rico'' after ``Alaska''; and
(2) by adding at the end the following:
``(5) Puerto rico minimum guarantee.--In any fiscal year in
which the total amount apportioned to airports in Puerto Rico
under subsections (c) and (d) is less than 1.5 percent of the
total amount apportioned to all airports under subsections
(c) and (d), the Secretary shall apportion to the Puerto Rico
Ports Authority for airport development projects in such
fiscal year an amount equal to the difference between 1.5
percent of the total amounts apportioned under subsections
(c) and (d) in such fiscal year and the amount otherwise
apportioned under subsections (c) and (d) to airports in
Puerto Rico in such fiscal year.''.
At the end of title II on page 89, insert the following:
SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF
EXCELLENCE.
(a) Establishment.--Of the amount appropriated under
section 48101(a) of title 49, United States Code, the
Administrator of the Federal Aviation Administration shall
use such sums as may be necessary for each of fiscal years
2008 through 2011 to contribute to the establishment of a
center of excellence for the research and development of Next
Generation Air Transportation System technologies.
(b) Functions.--The center established under subsection (a)
shall--
(1) leverage the centers of excellence program of the
Federal Aviation Administration, as well as other resources
and partnerships, to enhance the development of Next
Generation Air Transportation System technologies within
academia and industry; and
[[Page H10674]]
(2) provide educational, technical, and analytical
assistance to the Federal Aviation Administration and other
Federal agencies with responsibilities to research and
develop Next Generation Air Transportation System
technologies.
SEC. 219. AIRSPACE REDESIGN.
(a) Findings.--Congress finds the following:
(1) The airspace redesign efforts of the Federal Aviation
Administration will play a critical near-term role in
enhancing capacity, reducing delays, transitioning to more
flexible routing, and ultimately saving money in fuel costs
for airlines and airspace users.
(2) The critical importance of airspace redesign efforts is
underscored by the fact that they are highlighted in
strategic plans of the Administration, including Flight Plan
2008-2012 and the document known as the ``Operational
Evolution Partnership''.
(3) Funding cuts have led to delays and deferrals of
critical capacity enhancing airspace redesign efforts.
(4) Several new runways planned for the period of fiscal
years 2008 to 2011 will not provide estimated capacity
benefits without additional funds.
(b) Authorization of Appropriations.--In addition to
amounts authorized by section 106(k) of title 49, United
States Code, there are authorized to be appropriated to the
Administrator of the Federal Aviation Administration
$2,300,000 for fiscal year 2008, $14,500,000 for fiscal year
2009, $20,000,000 for fiscal year 2010, and $20,000,000 for
fiscal year 2011 to carry out such airspace redesign
initiatives as the Administrator determines appropriate.
(c) Additional Amounts.--Of the amounts appropriated under
section 48101(a) of such title, the Administrator may use
$5,000,000 for fiscal year 2008, $5,000,000 for fiscal year
2009, $5,000,000 for fiscal year 2010, and $5,000,000 for
fiscal year 2011 to carry out such airspace redesign
initiatives as the Administrator determines appropriate.
Page 97, strike line 3 and insert the following:
SEC. 305. RUNWAY SAFETY.
(a) Strategic Runway Safety Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop and submit to Congress
a report containing a strategic runway safety plan.
(2) Contents of plan.--The strategic runway safety plan--
(A) shall include, at a minimum--
(i) goals to improve runway safety;
(ii) near- and longer-term actions designed to reduce the
severity, number, and rate of runway incursions;
(iii) timeframes and resources needed for the actions
described in clause (ii); and
(iv) a continuous evaluative process to track performance
toward the goals referred to in clause (i); and
(B) shall address the increased runway safety risk
associated with the expected increased volume of air traffic.
Page 97, line 4, before ``Not later than'' insert the
following:
(b) Plan for Installation and Deployment of Systems To
Provide Alerts of Potential Runway Incursions.--
Pages 101 through 103, strike section 309 of the amendment
and insert the following:
SEC. 309. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT
ATTENDANTS ON BOARD AIRCRAFT.
(a) In General.--Chapter 447 (as amended by section 304 of
this Act) is further amended by adding at the end the
following:
``Sec. 44731. Occupational safety and health standards for
flight attendants on board aircraft
``(a) In General.--The Administrator of the Federal
Aviation Administration shall prescribe and enforce standards
and regulations to ensure the occupational safety and health
of individuals serving as flight attendants in the cabin of
an aircraft of an air carrier.
``(b) Standards and Regulations.--Standards and regulations
issued under this section shall require each air carrier
operating an aircraft in air transportation--
``(1) to provide for an environment in the cabin of the
aircraft that is free from hazards that could cause physical
harm to a flight attendant working in the cabin; and
``(2) to meet minimum standards for the occupational safety
and health of flight attendants who work in the cabin of the
aircraft.
``(c) Rulemaking.--In carrying out this section, the
Administrator shall conduct a rulemaking proceeding to
address, at a minimum, the following areas:
``(1) Record keeping.
``(2) Blood borne pathogens.
``(3) Noise.
``(4) Sanitation.
``(5) Hazard communication.
``(6) Anti-discrimination.
``(7) Access to employee exposure and medical records.
``(8) Temperature standards for the aircraft cabin.
``(d) Regulations.--
``(1) Deadline.--Not later than 3 years after the date of
enactment of this section, the Administrator shall issue
final regulations to carry out this section.
``(2) Contents.--Regulations issued under this subsection
shall address each of the issues identified in subsection (c)
and others aspects of the environment of an aircraft cabin
that may cause illness or injury to a flight attendant
working in the cabin.
``(3) Employer actions to address occupational safety and
health hazards.--Regulations issued under this subsection
shall set forth clearly the circumstances under which an air
carrier is required to take action to address occupational
safety and health hazards.
``(e) Additional Rulemaking Proceedings.--After issuing
regulations under subsection (c), the Administrator may
conduct additional rulemaking proceedings as the
Administrator determines appropriate to carry out this
section.
``(f) Oversight.--
``(1) Cabin occupational safety and health inspectors.--The
Administrator shall establish the position of Cabin
Occupational Safety and Health Inspector within the Federal
Aviation Administration and shall employ individuals with
appropriate qualifications and expertise to serve in the
position.
``(2) Responsibilities.--Inspectors employed under this
subsection shall be solely responsible for conducting proper
oversight of air carrier programs implemented under this
section.
``(g) Consultation.--In developing regulations under this
section, the Administrator shall consult with the
Administrator of the Occupational Safety and Health
Administration, labor organizations representing flight
attendants, air carriers, and other interested persons.
``(h) Safety Priority.--In developing and implementing
regulations under this section, the Administrator shall give
priority to the safe operation and maintenance of an
aircraft.
``(i) Flight Attendant Defined.--In this section, the term
`flight attendant' has the meaning given that term by section
44728.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section. Such sums shall remain available until
expended.''.
(b) Clerical Amendment.--The analysis for chapter 447 is
amended by adding at the end the following:
``44731. Occupational safety and health standards for flight attendants
on board aircraft.''.
Page 104, after line 14, insert the following:
SEC. 312. NONCERTIFICATED MAINTENANCE PROVIDERS.
(a) Issuance of Regulations.--Not later than 3 years after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall issue regulations
requiring that all covered maintenance work on aircraft used
to provide air transportation under part 121 of title 14,
Code of Federal Regulations, be performed by individuals in
accordance with subsection (b).
(b) Persons Authorized To Perform Certain Work.--Covered
maintenance work for a part 121 air carrier shall only be
performed by--
(1) an individual employed by the air carrier;
(2) an individual employed by another part 121 air carrier;
(3) an individual employed by a part 145 repair station; or
(4) an individual employed by a company that provides
contract maintenance workers to a part 145 repair station or
part 121 air carrier, if the individual--
(A) meets the requirements of the part 145 repair station
or the part 121 air carrier;
(B) works under the direct supervision and control of the
part 145 repair station or part 121 air carrier; and
(C) carries out the work in accordance with the part 121
air carrier's maintenance manual and, if applicable, the part
145 certificate holder's repair station and quality control
manuals.
(c) Plan.--
(1) Development.--The Administrator shall develop a plan
to--
(A) require air carriers to identify and provide to the
Administrator a complete listing of all noncertificated
maintenance providers that perform, before the effective date
of the regulations to be issued under subsection (a), covered
maintenance work on aircraft used to provide air
transportation under part 121 of title 14, Code of Federal
Regulations;
(B) validate the lists that air carriers provide under
subparagraph (A) by sampling air carrier records, such as
maintenance activity reports and general vendor listings; and
(C) include surveillance and oversight by field inspectors
of the Federal Aviation Administration for all
noncertificated maintenance providers that perform covered
maintenance work on aircraft used to provide air
transportation in accordance with such part 121.
(2) Report to congress.--Not later than 6 months after the
date of enactment of this Act, the Administrator shall
transmit to Congress a report containing the plan developed
under paragraph (1).
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered maintenance work.--The term ``covered
maintenance work'' means maintenance work that is
substantial, regularly-scheduled, or a required inspection
item, as determined by the Administrator.
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
(3) Part 145 repair station.--The term ``part 145 repair
station'' means a repair station that holds a certificate
issued under
[[Page H10675]]
part 145 of title 14, Code of Federal Regulations.
(4) Noncertificated maintenance provider.--The term
``noncertificated maintenance provider'' means a maintenance
provider that does not hold a certificate issued under part
121 or part 145 of title 14 Code of Federal Regulations.
(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for the
Administrator to hire additional field safety inspectors to
ensure adequate and timely inspection of maintenance
providers that perform covered maintenance work.
SEC. 313. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.
(a) Rulemaking Proceeding.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall initiate a rulemaking
proceeding for the purpose of issuing a proposed and final
rule that revises the aircraft rescue and firefighting
standards (``ARFF'') under part 139 of title 14, Code of
Federal Regulations, to improve the protection of the
traveling public, other persons, aircraft, buildings, and the
environment from fires and hazardous materials incidents.
(b) Contents of Proposed and Final Rule.--The proposed and
final rule to be issued under subsection (a) shall address
the following:
(1) The mission of aircraft rescue and firefighting
personnel, including responsibilities for passenger egress in
the context of other Administration requirements.
(2) The proper level of staffing.
(3) The timeliness of a response.
(4) The handling of hazardous materials incidents at
airports.
(5) Proper vehicle deployment.
(6) The need for equipment modernization.
(c) Consistency With Voluntary Consensus Standards.--The
proposed and final rule issued under subsection (a) shall be,
to the extent practical, consistent with national voluntary
consensus standards for aircraft rescue and firefighting
services at airports.
(d) Assessments of Potential Impacts.--In the rulemaking
proceeding initiated under subsection (a), the Administrator
shall assess the potential impact of any revisions to the
firefighting standards on airports and air transportation
service.
(e) Inconsistency With Standards.--If the proposed or final
rule issued under subsection (a) is not consistent with
national voluntary consensus standards for aircraft rescue
and firefighting services at airports, the Administrator
shall submit to the Office of Management and Budget an
explanation of the reasons for such inconsistency in
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783).
(f) Final Rule.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall issue the
final rule required by subsection (a).
Page 118, line 3, after ``water'' insert ``that meets the
standards of the Safe Drinking Water Act (42 U.S.C. 300f et.
seq)''.
Page 118, line 8, strike ``and''.
Page 118, after line 8, insert the following:
``(B) allow passengers to deplane following excessive
delays; and''.
Page 118, line 9, strike ``(B)'' and insert ``(C)''.
Page 118, line 14, after ``for the'' insert ``deplanement
of passengers following excessive delays and will provide for
the''.
Page 119, line 3, strike ``The'' and insert the following:
``(1) In general.--Not later than 9 months after the date
of enactment of this section, the
Page 119, line 4, before ``emergency'' insert ``or require
modifications to''.
Page 119, after line 8, insert the following:
``(2) Civil penalties.--The Secretary may assess a civil
penalty under section 46301 against an air carrier or airport
that does not adhere to an emergency contingency plan
approved under this subsection.
``(g) Minimum Standards.--The Secretary may establish, as
necessary or desirable, minimum standards for elements in an
emergency contingency plan required to be submitted under
this section.
``(h) Public Access.--An air carrier or airport required to
submit emergency contingency plans under this section shall
ensure public access to such plan after its approval under
this section on the Internet Web site of the carrier or
airport or by such other means as determined by the
Secretary.''.
Page 119, line 24, after ``flight'' insert ``on which a
insecticide has been applied in the aircraft within the last
60 days or''.
Page 120, line 3, after ``ticket of the'' insert
``application, application, or''
At the end of title IV on page 125, insert the following:
SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION
PROGRAM.
(a) Repeal.--Section 41747, and the item relating to such
section in the analysis for chapter 417, are repealed.
(b) Applicability.--Title 49, United States Code, shall be
applied as if section 41747 of such title had not been
enacted.
SEC. 413. GAO STUDY OF ESSENTIAL AIR SERVICE SUBSIDY CAP.
(a) In General.--The Comptroller General shall examine how
the $200 per passenger subsidy cap, initially established by
Public Law 103-122 (107 Stat. 1198; 1201) and made permanent
by section 332 of Public Law 106-69 (113 Stat. 1022) to
restrict eligibility for funding under the essential air
service program, has impacted that program and the access of
small communities to air transportation.
(b) Study.--The study shall include an analysis of the
following:
(1) The communities that have lost eligibility for
subsidized air service under the essential air service
program due to the $200 per passenger subsidy cap and the
impact, if any, such loss of subsidy has had on the access of
such communities to air transportation.
(2) The likely effect on the essential air service program
if the $200 per passenger subsidy cap is indexed for
inflation beginning in 2009.
(3) Whether the $200 per passenger subsidy cap has
disproportionately impacted communities in certain geographic
areas.
(4) Alternative methods of measuring the subsidy rate,
including the subsidy per passenger per mile.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study conducted under this section.
SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF
ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR
SERVICE.
Section 41733 is amended by adding at the end the
following:
``(f) Notice to Communities Prior to Termination of
Eligibility.--
``(1) In general.--The Secretary shall notify each
community receiving basic essential air service for which
compensation is being paid under this subchapter not later
than 45 days before issuing any final decision to end the
payment of such compensation due to a determination by the
Secretary that providing such service requires a rate of
subsidy per passenger in excess of the maximum amount
specified in section 332 of Public Law 106-69 (113 Stat.
1022).
``(2) Procedures to avoid termination.--The Secretary shall
establish, by order, procedures by which each community
notified of an impending loss of subsidy under paragraph (1)
may work directly with an air carrier to ensure that the air
carrier is able to submit a proposal to the Secretary to
provide essential air service to such community for an amount
of compensation that would not exceed the subsidy cap
established by section 332 of Public Law 106-69.
``(3) Assistance provided.--The Secretary shall provide, by
order, to each community notified under paragraph (1)
information regarding--
``(A) the procedures established pursuant to paragraph (2);
and
``(B) the maximum amount of compensation that could be
provided under this subchapter to an air carrier serving such
community that would comply with the subsidy cap established
by section 332 of Public Law 106-69.''.
SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY
THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED
ESSENTIAL AIR SERVICE.
Section 41733 (as amended by section 414 of this Act) is
further amended by adding at the end the following:
``(g) Proposals of State and Local Governments to Restore
Eligibility.--
``(1) In general.--If the Secretary ends payment of
compensation to an air carrier for providing basic essential
air service to an eligible place because the Secretary has
determined that providing such service requires a rate of
subsidy per passenger in excess of the maximum amount
specified in section 332 of Public Law 106-69 (113 Stat.
1022), a State or local government may submit to the
Secretary a proposal for restoring compensation for such
service. Such proposal shall be a joint proposal of the State
or local government and an air carrier.
``(2) Determination by secretary.--If a State or local
government submits to the Secretary a proposal under
paragraph (1) with respect to an eligible place, and the
Secretary determines that--
``(A) the rate of subsidy per passenger under the proposal
does not exceed the maximum amount specified in section 332
of Public Law 106-69; and
``(B) the proposal is consistent with the legal and
regulatory requirements of the essential air service program,
the Secretary shall issue an order restoring the eligibility
of the otherwise eligible place to receive basic essential
air service by an air carrier for compensation under
subsection (c).''.
SEC. 416. OFFICE OF RURAL AVIATION.
(a) In General.--Subchapter II of chapter 417 is amended by
adding at the end the following:
``Sec. 41749. Office of Rural Aviation
``(a) Establishment.--The Secretary of Transportation shall
establish within the Department of Transportation an office
to be known as the `Office of Rural Aviation' (in this
section referred to as the `Office').
``(b) Functions.--The Office shall--
``(1) monitor the status of air service to small
communities;
``(2) develop proposals to improve air service to small
communities; and
``(3) carry out such other functions as the Secretary
considers appropriate.''.
[[Page H10676]]
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 417 is amended by adding at the end the following:
``41749. Office of Rural Aviation.''.
SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY
INCREASED COSTS.
(a) Adjustments to Account for Significantly Increased
Nonfuel Costs.--Section 41737(e) is amended--
(1) in the subsection heading by inserting ``Nonfuel''
before ``Costs''; and
(2) in paragraph (1) by inserting ``other than fuel costs''
before ``in providing''.
(b) Adjustments to Account for Significantly Increased
Aviation Fuel Costs.--Section 41737 is amended by adding at
the end the following:
``(f) Adjustments to Account for Significantly Increased
Aviation Fuel Costs.--
``(1) In general.--If the Secretary determines that air
carriers are experiencing significantly increased aviation
fuel costs in providing air service or air transportation for
which compensation is being paid under this subchapter, the
Secretary, subject to the availability of funds, shall
increase the rates of compensation payable to air carriers
under this subchapter without regard to any agreement or
requirement relating to the renegotiation of contracts or any
notice requirement under section 41734.
``(2) Readjustment if costs subsequently decline.--If an
adjustment is made under paragraph (1) with respect to the
rates of compensation payable to air carriers, and the
Secretary subsequently determines that there is a significant
decrease in aviation fuel costs, the Secretary shall reduce
the adjustment previously made under paragraph (1) without
regard to any agreement or requirement relating to the
renegotiation of contracts or any notice requirement under
section 41734.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Aviation fuel.--The term `aviation fuel' means fuel
used by an air carrier in aircraft providing air service or
air transportation for which compensation is being paid under
this subchapter.
``(B) Significant decrease in aviation fuel costs.--The
term `significant decrease in aviation fuel costs' means a
decrease of 30 percent or more in the price per gallon of
aviation fuel over a 6-month period, as determined by the
Secretary, based on fuel price information derived from a
commodities exchange or exchanges.
``(C) Significantly increased aviation fuel costs.--The
term `significantly increased aviation fuel costs' means an
increase of 30 percent or more in the price per gallon of
aviation fuel over a 6-month period, as determined by the
Secretary, based on fuel price information derived from a
commodities exchange or exchanges.''.
SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS,
AND ASSOCIATED CAUSES.
(a) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding air carrier
flight delays, cancellations, and associated causes to update
its 2000 report numbered CR-2000-112 and entitled ``Audit of
Air Carrier Flight Delays and Cancellations''.
(b) Assessments.--In conducting the review under subsection
(a), the Inspector General shall assess--
(1) the need for an update on delay and cancellation
statistics, such as number of chronically delayed flights and
taxi-in and taxi-out times;
(2) air carriers' scheduling practices;
(3) the need for a re-examination of capacity benchmarks at
the Nation's busiest airports; and
(4) the impact of flight delays and cancellations on air
travelers, including recommendations for programs that could
be implemented to address the impact of flight delays on air
travelers.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Inspector General shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review conducted under this section, including
the assessments described in subsection (b).
SEC. 419. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.
(a) In General.--The Comptroller General shall conduct a
study to evaluate and compare the regulations of the European
Union and the United States on compensation and other
consideration offered to passengers who are denied boarding
or whose flights are cancelled or delayed.
(b) Specific Study Requirements.--The study shall include
an evaluation and comparison of the regulations based on
costs to the air carriers, preferences of passengers for
compensation or other consideration, and forms of
compensation. In conducting the study, the Comptroller
General shall also take into account the differences in
structure and size of the aviation systems of the European
Union and the United States.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress on the results of the study.
SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION
CONSUMER PROTECTION.
(a) In General.--The Secretary of Transportation shall
establish an advisory committee for aviation consumer
protection (in this section referred to as the ``advisory
committee'') to advise the Secretary in carrying out air
passenger service improvements, including those required by
chapter 423 of title 49, United States Code.
(b) Membership.--The Secretary shall appoint 8 members to
the advisory committee as follows:
(1) Two representatives of air carriers required to submit
emergency contingency plans pursuant to section 42301 of
title 49, United States Code.
(2) Two representatives of the airport operators required
to submit emergency contingency plans pursuant to section
42301 of such title.
(3) Two representatives of State and local governments who
have expertise in aviation consumer protection matters.
(4) Two representatives of nonprofit public interest groups
who have expertise in aviation consumer protection matters.
(c) Vacancies.--A vacancy in the advisory committee shall
be filled in the manner in which the original appointment was
made.
(d) Travel Expenses.--Members of the advisory committee
shall serve without pay but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(e) Chairperson.--The Secretary shall designate, from among
the individuals appointed under subsection (b), an individual
to serve as chairperson of the advisory committee.
(f) Duties.--The duties of the advisory committee shall
include the following:
(1) Evaluating existing aviation consumer protection
programs and providing recommendations for the improvement of
such programs, if needed.
(2) Providing recommendations to establish additional
aviation consumer protection programs, if needed.
(g) Report.--Not later than February 1 of each of the first
2 calendar years beginning after the date of enactment of
this Act, the Secretary shall transmit to Congress a report
containing--
(1) each recommendation made by the advisory committee
during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented
each recommendation and, for each recommendation not
implemented, the Secretary's reason for not implementing the
recommendation.
SEC. 421. DENIED BOARDING COMPENSATION.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final regulation to modify section 250 of title 14,
Code of Federal Regulations, regarding denied boarding
compensation, to appropriately adjust the amount of such
compensation for an aircraft with 30 or more seats.
(b) Evaluation.--Not later than 2 years after the date of
issuance of the final regulation under this section and every
2 years thereafter, the Secretary shall evaluate the amount
provided for denied boarding compensation and issue a
regulation to adjust such compensation as necessary.
SEC. 422. SCHEDULE REDUCTION.
(a) In General.--If the Administrator of the Federal
Aviation Administration determines that (1) the aircraft
operations of air carriers during any hour at an airport
exceeds the hourly maximum departure and arrival rate
established by the Administrator for such operations, and (2)
the operations in excess of the maximum departure and arrival
rate for such hour at such airport are likely to have a
significant adverse effect on the national or regional
airspace system, the Administrator shall convene a conference
of such carriers to reduce pursuant to section 41722, on a
voluntary basis, the number of such operations to less than
such maximum departure and arrival rate.
(b) No Agreement.--If the air carriers participating in a
conference with respect to an airport under subsection (a)
are not able to agree to a reduction in the number of flights
to and from the airport to less than the maximum departure
and arrival rate, the Administrator shall take such action as
is necessary to ensure such reduction is implemented.
(c) Quarterly Reports.--Beginning 3 months after the date
of enactment of this Act and every 3 months thereafter, the
Administrator shall submit to Congress a report regarding
scheduling at the 35 airports that have the greatest number
of passenger enplanements, including each occurrence in which
hourly scheduled aircraft operations of air carriers at such
an airport exceed the hourly maximum departure and arrival
rate at any such airport.
At the end of title V on page 147, insert the following:
SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING.
The Administrator of the Federal Aviation Administration
shall complete the air quality studies and analysis started
pursuant to section 815 of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat.
2592), including the collection of samples of the air onboard
passenger aircraft by flight attendants and the testing and
analyzation of such samples for contaminants.
SEC. 512. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proposed European Union directive extending the
European Union's emissions trading proposal to international
civil aviation without working through the International
Civil Aviation Organization (in this
[[Page H10677]]
section referred to as the ``ICAO'') in a consensus-based
fashion is inconsistent with the Convention on International
Civil Aviation, done at Chicago on December 7, 1944 (TIAS
1591; commonly known as ``Chicago Convention''), and other
relevant air services agreements and antithetical to building
international cooperation to address effectively the problem
of greenhouse gas emissions by aircraft engaged in
international civil aviation; and
(2) the European Union and its member states should instead
work with other contracting states of the ICAO to develop a
consensual approach to addressing aircraft greenhouse gas
emissions through the ICAO.
SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT
AUTHORITY OF NEW YORK AND NEW JERSEY.
It is the sense of the House of Representatives that the
Port Authority of New York and New Jersey should undertake an
airport noise compatibility planning study under part 150 of
title 14, Code of Federal Regulations, for the airports that
the Port Authority operates as of November 2, 2007. In
undertaking the study, the Port Authority should pay
particular attention to the impact of noise on affected
neighborhoods, including homes, businesses, and places of
worship surrounding LaGuardia Airport.
Page 159, line 21, strike ``in the'' and all that follows
through line 13 on page 160 and insert ``, safety technical
specialists, and operations support positions in the Flight
Standard Service (as those terms are used in the
Administration's fiscal year 2008 congressional budget
justification) each fiscal year commensurate with the funding
levels provided in subsection (b) for such fiscal year. Such
increases shall be measured relative to the number of persons
serving in positions of aviation safety inspectors and safety
technical specialists and in operational support positions as
of September 30, 2007.''.
Page 160, line 17, strike ``subsections (a) and (b)'' and
insert ``subsection (a)''.
Page 161, line 1, strike ``pursuant to section 604'' and
insert ``under section 605''.
Page 164, after line 24, insert the following:
SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY
CONDITIONS.
(a) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a special task force
to be known as the ``FAA Task Force on Air Traffic Control
Facility Conditions'' (in this section referred to as the
``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 12
members of whom--
(A) 8 members shall be appointed by the Administrator; and
(B) 4 members shall be appointed by labor unions
representing employees who work at field facilities of the
Administration.
(2) Qualifications.--Of the members appointed by the
Administrator under paragraph (1)(A)--
(A) 4 members shall be specialists on toxic mold abatement,
``sick building syndrome,'' and other hazardous building
conditions that can lead to employee health concerns and
shall be appointed by the Administrator in consultation with
the Director of the National Institute for Occupational
Safety and Health; and
(B) 2 members shall be specialists on the rehabilitation of
aging buildings.
(3) Terms.--Members shall be appointed for the life of the
Task Force.
(4) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(c) Chairperson.--The Administrator shall designate, from
among the individuals appointed under subsection (b)(1), an
individual to serve as chairperson of the Task Force.
(d) Task Force Personnel Matters.--
(1) Staff.--The Task Force may appoint and fix the pay of
such personnel as it considers appropriate.
(2) Staff of federal agencies.--Upon request of the
Chairperson of the Task Force, the head of any department or
agency of the United States may detail, on a reimbursable
basis, any of the personnel of that department or agency to
the Task Force to assist it in carrying out its duties under
this section.
(3) Other staff and support.--Upon request of the Task
Force or a panel of the Task Force, the Administrator shall
provide the Task Force or panel with professional and
administrative staff and other support, on a reimbursable
basis, to the Task Force to assist it in carrying out its
duties under this section.
(e) Obtaining Official Data.--The Task Force may secure
directly from any department or agency of the United States
information (other than information required by any statute
of the United States to be kept confidential by such
department or agency) necessary for the Task Force to carry
out its duties under this section. Upon request of the
chairperson of the Task Force, the head of that department or
agency shall furnish such information to the Task Force.
(f) Duties.--
(1) Study.--The Task Force shall undertake a study of--
(A) the conditions of all air traffic control facilities
across the Nation, including towers, centers, and terminal
radar air control;
(B) reports from employees of the Administration relating
to respiratory ailments and other health conditions resulting
from exposure to mold, asbestos, poor air quality, radiation
and facility-related hazards in facilities of the
Administration;
(C) conditions of such facilities that could interfere with
such employees' ability to effectively and safely perform
their duties;
(D) the ability of managers and supervisors of such
employees to promptly document and seek remediation for
unsafe facility conditions;
(E) whether employees of the Administration who report
facility-related illnesses are treated fairly;
(F) utilization of scientifically-approved remediation
techniques in a timely fashion once hazardous conditions are
identified in a facility of the Administration; and
(G) resources allocated to facility maintenance and
renovation by the Administration.
(2) Facility condition indicies (fci).--The Task Force
shall review the facility condition indicies of the
Administration (in this section referred to as the ``FCI'')
for inclusion in the recommendations under subsection (g).
(g) Recommendations.--Based on the results of the study and
review of the FCI under subsection (f), the Task Force shall
make recommendations as it considers necessary to--
(1) prioritize those facilities needing the most immediate
attention in order of the greatest risk to employee health
and safety;
(2) ensure that the Administration is using scientifically
approved remediation techniques in all facilities; and
(3) assist the Administration in making programmatic
changes so that aging air traffic control facilities do not
deteriorate to unsafe levels.
(h) Report.--Not later than 6 months after the date on
which initial appointments of members to the Task Force are
completed, the Task Force shall submit to the Administrator,
the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
activities of the Task Force, including the recommendations
of the Task Force under subsection (g).
(i) Implementation.--Within 30 days of the receipt of the
Task Force report under subsection (h), the Administrator
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that includes a plan and timeline to
implement the recommendations of the Task Force and to align
future budgets and priorities of the Administration
accordingly.
(j) Termination.--The Task Force shall terminate on the
last day of the 30-day period beginning on the date on which
the report under subsection (h) was submitted.
(k) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
(l) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation
$250,000 to carry out this section.
Page 165, line 9, strike ``September 30, 2017'' and insert
``December 31, 2017''.
Page 167, line 12, strike ``September 30, 2017'' and insert
``December 31, 2017''.
Page 175, line 19, strike ``FAA'' and insert ``Federal
Aviation Administration (in this section referred to as the
`FAA').''.
Page 176, line 23, strike ``facility or service'' and
insert ``service or facility''.
Page 178, strike lines 3 through 22 and insert the
following:
SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR
NATIONAL TRANSPORTATION SAFETY BOARD EMPLOYEES.
Section 1113 is amended by adding at the end the following:
``(i) Accidental Death and Dismemberment Insurance.--
``(1) Authority to provide insurance.--The Board may
procure accidental death and dismemberment insurance for an
employee of the Board who travels for an accident
investigation or other activity of the Board outside the
United States or inside the United States under hazardous
circumstances, as defined by the Board.
``(2) Crediting of insurance benefits to offset united
states tort liability.--Any amounts paid to a person under
insurance coverage procured under this subsection shall be
credited as offsetting any liability of the United States to
pay damages to that person under section 1346(b) of title 28,
chapter 171 of title 28, chapter 163 of title 10, or any
other provision of law authorizing recovery based upon tort
liability of the United States in connection with the injury
or death resulting in the insurance payment.
``(3) Treatment of insurance benefits.--Any amounts paid
under insurance coverage procured under this subsection shall
not--
``(A) be considered additional pay or allowances for
purposes of section 5536 of title 5; or
``(B) offset any benefits an employee may have as a result
of government service, including compensation under chapter
81 of title 5.
``(4) Entitlement to other insurance.--Nothing in this
subsection shall be construed as affecting the entitlement of
an employee to insurance under section 8704(b) of title 5.''.
Page 184, line 8, after ``Infrastructure'' insert ``and
Committee on Homeland Security''.
Page 185, strike line 12 and insert the following:
[[Page H10678]]
SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. HOBBY
AIRPORT, HOUSTON, TEXAS.
At the end of title VIII on page 186, insert the following:
SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE
TO FLIGHT CREWMEMBERS.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall initiate a rulemaking proceeding for the following
purposes:
(1) To require a flight crewmember who is employed by an
air carrier conducting operations under part 121 of title 14,
Code of Federal Regulations, and who accepts an additional
assignment for flying under part 91 of such title from the
air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the
period of the additional assignment (regardless of whether
the assignment is performed by the flight crewmember before
or after an assignment to fly under part 121 of such title)
toward any limitation applicable to the flight crewmember
relating to duty periods or flight times under part 121 of
such title.
(2) To require a flight crewmember who is employed by an
air carrier conducting operations under part 135 of title 14,
Code of Federal Regulations, and who accepts an additional
assignment for flying under part 91 of such title from the
air carrier or any other air carrier conducting operations
under part 121 or 135 of such title, to apply the period of
the additional assignment (regardless of whether the
assignment is performed by the flight crewmember before or
after an assignment to fly under part 135 of such title)
toward any limitation applicable to the flight crewmember
relating to duty periods or flight times under part 135 of
such title.
SEC. 817. LABOR INTEGRATION.
(a) Labor Integration.--With respect to any covered
transaction involving a covered air carrier that results in
the combination of crafts or classes that are subject to the
Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13
of the labor protective provisions imposed by the Civil
Aeronautics Board in the Allegheny-Mohawk merger (as
published at 59 C.A.B. 45) shall apply to the integration of
covered employees of the covered air carrier; except that--
(1) if the same collective bargaining agent represents the
combining crafts or classes at the covered air carrier, that
collective bargaining agent's internal policies regarding
integration, if any, will not be affected by and will
supercede the requirements of this section; and
(2) the requirements of any collective bargaining agreement
that may be applicable to the terms of integration involving
covered employees of the covered air carrier shall also not
be affected by and will supersede the requirements of this
section, so long as those provisions supply at least the
protections afforded by sections 3 and 13 of the Allegheny-
Mohawk provisions.
(b) Enforcement.--Any labor organization that represents
individuals that are aggrieved as a result of a violation of
the labor protective provisions applied under subsection (a)
may bring an action to enforce this section, or to enforce
the terms of any award or agreement resulting from
arbitration or a settlement relating to the requirements of
this section. An action under this subsection shall be
brought in an appropriate United States district court
determined in accordance with section 1391 of title 28,
United States Code, without regard to the amount in
controversy.
(c) Definitions.--In this section, the following
definitions apply:
(1) Air carrier.--The term ``air carrier'' means an air
carrier that holds a certificate issued under chapter 411 of
title 49, United States Code.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier that is involved in a covered
transaction.
(3) Covered employee.--The term ``covered employee'' means
an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject to the
Railway Labor Act (45 U.S.C. 151 et seq.).
(4) Covered transaction.--The term ``covered transaction''
means--
(A) a transaction for the combination of multiple air
carriers into a single air carrier; and which
(B) involves the transfer of ownership or control of--
(i) 50 percent or more of the equity securities (as defined
in section 101 of title 11, United States Code) of an air
carrier; or
(ii) 50 percent or more (by value) of the assets of the air
carrier.
(d) Application.--This section shall not apply to any
covered transaction involving a covered air carrier that took
place before the date of enactment of this Act.
SEC. 818. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT
PROPERTIES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a pilot program at up
to 4 public-use airports (as defined in section 47102 of
title 49, United States Code) that have a noise compatibility
program approved by the Administrator under section 47504 of
such title.
(b) Grants.--Under the pilot program, the Administrator may
make a grant in a fiscal year, from funds made available
under section 47117(e)(1)(A) of such title, to the operator
of an airport participating in the pilot program--
(1) to support joint planning (including planning described
in section 47504(a)(2)(F) of such title), engineering design,
and environmental permitting for the assembly and
redevelopment of real property purchased with noise
mitigation funds made available under section 48103 or
passenger facility revenues collected for the airport under
section 40117 of such title; and
(2) to encourage compatible land uses with the airport and
generate economic benefits to the airport operator and an
affected local jurisdiction.
(c) Grant Requirements.--The Administrator may not make a
grant under this section unless the grant is made--
(1) to enable the airport operator and an affected local
jurisdiction to expedite their noise mitigation redevelopment
efforts with respect to real property described in subsection
(b)(1); and
(2) subject to a requirement that the affected local
jurisdiction has adopted zoning regulations that permit
compatible redevelopment of real property described in
subsection (b)(1);
(3) subject to a requirement that funds made available
under section 47117(e)(1)(A) with respect to real property
assembled and redeveloped under subsection (b)(1) plus the
amount of any grants made for acquisition of such property
under section 47504 of such title are repaid to the
Administrator upon the sale of such property.
(d) Cooperation With Local Affected Jurisdiction.--An
airport operator may use funds granted under this section for
a purpose described in subsection (b) only in cooperation
with an affected local jurisdiction.
(e) United States Government Share.--
(1) In general.--The United States Government share of the
allowable costs of a project carried out under the pilot
program shall be 80 percent.
(2) Determination.--In determining the allowable project
costs of a project carried out under the pilot program for
purposes of this subsection, the Administrator shall deduct
from the total costs of the project that portion of the total
costs of the project that are incurred with respect to real
property that is not owned or to be acquired by the airport
operator pursuant to the noise compatibility program for the
airport or that is not owned by an affected local
jurisdiction or other public entity.
(3) Maximum amount.--Not more than $5,000,000 in funds made
available under section 47117(e) of title 49, United States
Code, may be expended under this pilot program at any single
public-use airport.
(f) Special Rules for Repaid Funds.--The amounts repaid to
the Administrator with respect to an airport under subsection
(c)(3)--
(1) shall be available to the Administrator for the
following actions giving preference to such actions in
descending order:
(A) reinvestment in an approved noise compatibility project
at the airport;
(B) reinvestment in another project at the airport that is
available for funding under section 47117(e) of title 49,
United States Code;
(C) reinvestment in an approved airport development project
at the airport that is eligible for funding under section
47114, 47115, or 47117 of such title;
(D) reinvestment in approved noise compatibility project at
any other public airport; and
(E) deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code
of 1986 (26 U.S.C. 9502);
(2) shall be in addition to amounts authorized under
section 48103 of title 49, United States Code; and
(3) shall remain available until expended.
(g) Use of Passenger Facility Revenue.--An operator of an
airport participating in the pilot program may use passenger
facility revenue collected for the airport under section
40117 of title 49, United States Code, to pay the portion of
the total cost of a project carried out by the operator under
the pilot program that are not allowable under subsection
(e)(2).
(h) Sunset.--The Administrator may not make a grant under
the pilot program after September 30, 2011.
(i) Report to Congress.--Not later than the last day of the
30th month following the date on which the first grant is
made under this section, the Administrator shall report to
Congress on the effectiveness of the pilot program on
returning real property purchased with noise mitigation funds
made available under section 47117(e)(1)(A) or 47505 or
passenger facility revenues to productive use.
(j) Noise Compatibility Measures.--Section 47504(a)(2) is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) joint comprehensive land use planning, including
master plans, traffic studies, environmental evaluation and
economic and feasibility studies, with neighboring local
jurisdictions undertaking community redevelopment in the area
where any land or other property interest acquired by the
airport operator under this subsection is located, to
encourage and enhance redevelopment opportunities that
reflect zoning and uses that will prevent the introduction of
additional incompatible uses and enhance redevelopment
potential.''.
[[Page H10679]]
SEC. 819. HELICOPTER OPERATIONS OVER LONG ISLAND, NEW YORK.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on helicopter operations
over Long Island, New York.
(b) Contents.--In conducting the study, the Administrator
shall examine, at a minimum, the following:
(1) The effect of helicopter operations on residential
areas, including--
(A) safety issues relating to helicopter operations;
(B) noise levels relating to helicopter operations and ways
to abate the noise levels; and
(C) any other issue relating to helicopter operations on
residential areas.
(2) The feasibility of diverting helicopters from
residential areas.
(3) The feasibility of creating specific air lanes for
helicopter operations.
(4) The feasibility of establishing altitude limits for
helicopter operations.
(c) Exceptions.--Any determination under this section on
the feasibility of establishing limitations or restrictions
for helicopter operations over Long Island, New York, shall
not apply to helicopters performing operations for news
organizations, the military, law enforcement, or providers of
emergency services.
(d) Limitation on Statutory Construction.--Nothing in this
section shall be construed to interfere with the Federal
Aviation Administration's authority to ensure the safe and
efficient use of the national airspace system.
(e) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study, including
information and recommendations concerning the issues
examined under subsection (b).
SEC. 820. CABIN TEMPERATURE STANDARDS STUDY.
(a) Study.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall conduct a study to determine
whether onboard temperature standards are necessary to
protect cabin and cockpit crew members and passengers on an
aircraft of an air carrier used to provide air transportation
from excessive heat onboard such aircraft during standard
operations or during an excessive flight delay.
(b) Temperature Review.--In conducting the study under
subsection (a), the Administrator shall--
(1) survey onboard cabin and cockpit temperatures of a
representative sampling of different aircraft types and
operations;
(2) address the appropriate placement of temperature
monitoring devices onboard the aircraft to determine the most
accurate measurement of onboard temperature and develop a
system for the reporting of excessive temperature onboard
passenger aircraft by cockpit and cabin crew members; and
(3) review the impact of implementing such onboard
temperature standards on the environment, fuel economy, and
avionics and determine the costs associated with such
implementation and the feasibility of using ground equipment
or other mitigation measures to offset any such costs.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to Congress a report on the findings of the study.
SEC. 821. CIVIL PENALTIES TECHNICAL AMENDMENTS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by inserting ``chapter 451,''
before ``section 47107(b)'';
(2) in subsection (a)(5)(A)(i)--
(A) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(B) by inserting after ``44909)'' the following: ``, or
chapter 451''; and
(3) in subsection (d)(2)--
(A) by inserting after ``44723)'' the following: ``,
chapter 451 (except section 45107)''; and
(B) by inserting after ``44909),'' the following: ``section
45107 or''.
SEC. 822. REALIGNMENT OF TERMINAL RADAR APPROACH CONTROL AT
PALM BEACH INTERNATIONAL AIRPORT.
(a) Prohibition.--The Administrator of the Federal Aviation
Administration may not carry out, or plan for, the
consolidation, deconsolidation, colocation, execution of
interfacility reorganization, or facility elimination of the
terminal radar approach control (TRACON) at Palm Beach
International Airport.
(b) Replacement of Terminal Radar Approach Control at Palm
Beach International Airport.--The Administrator shall take
such action as may be necessary to ensure that any air
traffic control tower or facility placed into operation at
Palm Beach International Airport after September 30, 2007, to
replace an air traffic control tower or facility placed into
operation before September 30, 2007, includes an operating
terminal radar approach control.
Conform the table of contents of the amendment accordingly.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Minnesota (Mr. Oberstar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Airline delays, as I said at the outset of general
debate, have reached historic levels, 72 percent of flights arriving on
time so far this year. Long term, we need continued modernization of
the aircraft traffic control system. That is not to say that this is a
system that has been frozen in time and nothing has been done.
The FAA has, over the past 20-plus years, 25 years, installed over
80,000 pieces of technology to upgrade, modernize, expand, and increase
capacity in the air traffic control system.
They installed a voice switching and control system over one weekend,
with a million lines of computer code, installing this entirely new
communication system over one weekend without a second of delay in the
air traffic control operations. That's like changing a tire on a car
moving at 60 miles an hour. They did it.
They installed the automatic replacement system for the en route
centers, and did that after 5 years of development of this greatly
enhanced new technology, increasing to 1,300,000 lines of computer
code. And the installment is now working well.
The Standard Terminal Automation Replacement System, the STARS, that,
too, took years to develop; 1,300,000 lines of computer code also
installed and operating effectively. But those were platforms on which
we build the air traffic control technology of the future. And in this
legislation, we provide for the funding of the air traffic control
technology of the future.
Mr. Chairman, I yield now to the gentleman from Illinois (Mr.
Costello).
Mr. COSTELLO. I thank Mr. Oberstar for yielding.
I rise in support of the manager's amendment. The amendment includes
a variety of provisions important to the future of aviation. And I will
quickly just highlight a few provisions in the amendment.
One is, we make a variety of improvements to the Essential Air
Service program which supports over 100 communities in 35 States. The
amendment includes language to provide that all future integrations of
labor seniority lists will be completed in a fair and equitable manner.
As a Member of Congress that represents the St. Louis area, what I
went through with the TWA and American Airlines merger was very
difficult for many employees, and we want to prevent that hardship from
occurring in the future.
We also include an update of our aircraft rescue and firefighting
standards. The current FAA standards have not been updated since 1988.
And, finally, I need to highlight the fact that the manager's
amendment does strengthen the consumer protection part of the bill and
creates a Passenger Bill of Rights. It requires large air carriers,
large hubs and medium hubs to follow emergency contingency plans,
detailing food, water, restroom facilities, cabin ventilation, and
medical treatment for passengers onboard aircraft with the Secretary of
Transportation. The plan must also be updated periodically. And fines
are imposed by the Department of Transportation for violations.
The manager's amendment strengthens these provisions in many ways.
First, it specifies that the water provided must meet the Safe Drinking
Water Act standard. Secondly, carriers in airports must detail how they
will allow passengers to deplane following excessive delays.
Third, the manager's amendment explicitly states that DOT can assess
civil penalties against air carriers or airports that fail to adhere to
these approved contingency plans.
Finally, aircraft and airports are required to submit these plans and
ensure public access to these documents. And, also, the FAA would be
required to install an 800 number for consumers to use as a hotline to
report problems that they are encountering.
Also, the provision updates overbooking compensation and requires the
formation of an advisory committee for aviation consumer protection to
provide recommendations to the Secretary.
And, Mr. Chairman, as you can see, these improvements are all
important to our policy that improve the safety of our aviation system
and expand the availability of service.
I urge my colleagues to support the Oberstar manager's amendment, and
I thank the gentleman for yielding.
Mr. OBERSTAR. We'll call it the Oberstar-Costello manager's
amendment, which will serve to reduce
[[Page H10680]]
delays, increase passenger rights, enhance small community air service,
and improve oversight of safety maintenance of aircraft.
Mr. Chairman, I yield back the balance of my time.
Mr. PETRI. Mr. Chairman, I rise to claim the time in opposition to
the Oberstar-Costello manager's amendment.
The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. PETRI. Unfortunately, I can't support this amendment. While we
have reached bipartisan agreements on many of the provisions, there are
several that impose new burdens, new regulations and potentially high
and crippling costs. For example, notifying a passenger when buying a
ticket whether an insecticide has been used on the plane in the last 60
days before the flight is a procedural nightmare for airlines. Is it
really a national problem that requires such onerous regulation? How
many flights would that plane have taken and in what countries? It's
just incredible.
Again, many provisions are worthy, but I cannot support this
amendment.
I yield such time as he may consume to our ranking member, Mr. Mica.
Mr. MICA. I thank the ranking member, Mr. Petri.
Unfortunately, I have to rise, also, in opposition to the manager's
amendment. I did cite that the poison pill that was added after
introduction of the bill was, of course, the reach-back for Big Labor,
which has a $1.9 billion price tag over 5 years. We've had problems
with the FedEx provision, which unfairly targets that company.
I agreed to raise some fees, but then in the main bill we would
divert some funds to bicycle storage. We open up multi-billion dollar
funding for purposes like that that are hard to explain to people who
want airports expanded and improvements and get something else.
We have some 40-now studies as a result of the manager's amendment, I
think we're up to at least 40, and $25 million costs, not to mention
additional earmarks for union.
The OSHA provision for regulation on airplanes added in this, I think
it's important that we have safe cabins for passengers, but again, we
can have a nightmare in imposing OSHA regulations where they're very
difficult to enforce and create, again, a nightmare not only for
enforcement, but for those who work on the aircraft and for those who
are involved in commercial aviation.
Firefighting standards are important, but to impose them, and we
tried to get some more reasonable standards, but to impose them
arbitrarily at huge expense for small and medium airports that don't
have the traffic that warrant some of these mandates from the Federal
level, diversion of additional funds. We want our foreign repair
stations to have the best certified mechanics; but when you put a
provision in, that is contrary to international treaties and
agreements. So the list goes on and on. I guess ranking member, Mr.
Petri, said the bug control notification is sort of the icing on the
cake of why we can't support the manager's amendment. Just some well-
intended provisions, but misguided.
We certainly will work with the other side. We tried up until the
introduction, and we will continue honest efforts to take their good
intentions and put it into good legislation rather than a maze of
costs, mandates, and burdens that don't get us where we need to be.
Mr. PETRI. Mr. Chairman, I yield back the balance of my time.
Modification to Amendment No. 1 Offered by Mr. Oberstar
Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to amend the
manager's amendment with an amendment which is at the desk.
The Acting CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification to Amendment No. 1 offered by Mr. Oberstar:
In proposed section 513, add before the second period,
``and JFK Airport''.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Minnesota?
Mr. MICA. Reserving the right to object, I would like to know what's
in the proposed amendment to the manager's amendment.
Mr. OBERSTAR. If the gentleman would yield on his reservation.
Mr. MICA. Yes.
Mr. OBERSTAR. It is to add JFK Airport to the language pending in the
manager's amendment.
Mr. MICA. And this is under a sense of Congress provision?
Mr. OBERSTAR. Yes.
Mr. MICA. Mr. Chairman, I withdraw my reservation.
The Acting CHAIRMAN. Without objection, the modification is accepted.
There was no objection.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Oberstar), as modified.
The amendment, as modified, was agreed to.
Amendment No. 2 Offered by Mr. LaTourette
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in part C of House Report 110-335.
Mr. LaTOURETTE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. LaTourette:
Page 181, after line 2, insert the following:
(b) Grants.--
(1) In general.--The Secretary may make a grant, from
funds made available under section 48103 of title 49, United
States Code, to Lake County to assist in Lake County's
purchase of the Lost Nation Airport under subsection (a).
(2) Federal share.--The Federal share of the grant under
this subsection shall be for 90 percent of the cost of Lake
County's purchase of the Lost Nation Airport, but in no event
may the Federal share of the grant exceed $1,220,000.
(3) Approval.--The Secretary may make a grant under this
subsection only if the Secretary receives such written
assurances as the Secretary may require under section 47107
of title 49, United States Code, with respect to the grant
and Lost Nation Airport.
Page 181, line 3, strike ``(b)'' and insert ``(c)''.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Ohio (Mr. LaTourette) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Ohio.
Mr. LaTOURETTE. I want to thank the chairman of the full committee,
Mr. Oberstar, and the chairman of the subcommittee, Mr. Costello,
together with the ranking member of the full committee and subcommittee
for working with me on this amendment.
The chairman of the full committee is fond of saying that the civil
aviation system in the United States is the safest in the world because
under his leadership, and with the work of others, we have built in an
amazing amount of redundancy. Redundancy not only deals with the
equipment that flies in the air, the air traffic control system; but it
also relies upon the fact that you need to have sufficient capacity
should there be a disaster, or weather, or other things.
As a result of this amendment, if this amendment is agreed to, we
will make sure that northeastern Ohio continues to have sufficient
capacity in its civil aviation system.
I urge the passage of the amendment and would be happy to yield to
the chairman of the full committee.
{time} 1300
Mr. OBERSTAR. I thank the gentleman for yielding. The gentleman's
amendment will make certain that we retain capacity in the Nation's
aviation system. All the water that ever was on Earth is here today. We
are not making any more of it. And all the airports there are or ever
will be, frankly, are here now. It is just so difficult to add aviation
capacity in this country and airport capacity.
The gentleman's amendment will make it possible not only to retain
but to enhance existing airport capacity. I thank him for offering the
amendment.
Mr. LaTOURETTE. I yield to the ranking member of the subcommittee.
Mr. PETRI. I congratulate you on working to get this amendment in a
way that it can be supported. It is supported by both sides.
Mr. LaTOURETTE. I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by
[[Page H10681]]
the gentleman from Ohio (Mr. LaTourette).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Poe
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in part C of House Report 110-335.
Mr. POE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Poe:
Page 96, line 19, after ``shall'' insert ``(1)''.
Page 96, line 25, before the first period, insert ``, and
(2) modify the certification requirements under such part to
include testing for the use of alcohol or a controlled
substance in accordance with section 45102 of any individual
performing a safety-sensitive function at a foreign aircraft
repair station, including an individual working at a station
of a third-party with whom an air carrier contracts to
perform work on air carrier aircraft or components''.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Texas (Mr. Poe) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. POE. Mr. Chairman, aircraft repair stations located in foreign
countries are allowed to become certified by the Federal Aviation
Administration to work on United States aircraft without meeting the
same standards or being subject to the same oversight imposed on
domestic stations in regard to drug and alcohol testing of workers.
This amendment would close this loophole because it makes no sense to
require U.S. mechanics to undergo various levels of drug and alcohol
testing if workers doing the same work on the same type of aircraft for
the part of the same airlines are exempt from this requirement simply
because the station is located overseas in another country. According
to a report by the Inspector General of the Department of
Transportation, the number of certified foreign repair stations has
increased from 344 in 1994 to almost 700 in 2007, more than double the
number of stations over the last 13 years. U.S. air carriers now
outsource overseas 35 percent of their maintenance work to foreign
repair stations, and that is up 21 percent from 2003. This growing
trend necessitates the additional safety standards.
The FAA itself has moved to extend drug and alcohol testing
domestically and noted, ``It has the statutory authority and, in the
interest of aviation safety, the responsibility to require that
individuals who actually perform safety-sensitive duties are subject to
drug and alcohol testing.''
Also, the Department of Transportation's recent pilot program to
allow Mexican-domiciled motor carriers to enter and travel throughout
the United States, DOT stipulated that operating authority will not be
granted to these Mexican companies unless this company has in place,
and DOT can verify, a controlled substance and alcohol testing program
consistent with U.S. domestic requirements. So if DOT can impose the
requirements on Mexican drivers as a condition of entering the U.S. in
the name of safety, there is no reason why the FAA cannot follow suit
with similar requirements for foreign mechanics working on aircraft
that will operate in the United States.
This is a safety issue. Mechanics that work on American aircraft
overseas should meet the same drug testing requirements as mechanics
that work on these aircraft in the borders of the United States.
I urge support of this amendment to close this loophole so that all
maintenance workers who work on planes that fly in the United States
equally are treated the same and undergo drug and alcohol testing.
Mr. Chairman, I reserve the balance of my time.
Mr. COSTELLO. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from Illinois
is recognized for 5 minutes.
There was no objection.
Mr. COSTELLO. Mr. Chairman, I thank the gentleman from Texas, a
member of the subcommittee, for offering this amendment. He is correct.
It is a safety issue. It is a commonsense amendment that clears up a
double standard. The Poe amendment simply requires that as a condition
of receiving an FAA certificate to work on U.S. aircraft that workers
must meet a basic safety requirement that the FAA imposes on repair
stations and workers here in the United States.
Again, I commend the gentleman from Texas for his thoughtful
amendment. We support the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. POE. I thank the gentleman for his comments and his support on
this amendment. I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Poe).
The amendment was agreed to.
Amendment No. 4 Offered by Mr. Shays
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in part C of House Report 110-335.
Mr. SHAYS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Shays:
At the end of title VIII, add the following:
SEC. 816. STUDY AND REPORT ON ALLEVIATING CONGESTION.
Not later than 6 months after the date of enactment of this
Act, the Comptroller General shall conduct a study and submit
a report to Congress regarding effective strategies to
alleviate congestion in the national airspace at airports
during peak travel times, by evaluating the effectiveness of
reducing flight schedules and staggering flights, developing
incentives for airlines to reduce the number of flights
offered, and instituting slots and quotas at airports. In
addition, the Comptroller General shall compare the
efficiency of implementing the strategies in the preceding
sentence with redesigning airspace and evaluate any legal
obstacles to implementing such strategies.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Connecticut (Mr. Shays) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. SHAYS. Mr. Chairman, I thank the gentleman and I thank the Rules
Committee for allowing this to be put in order and the Transportation
Committee chairman for agreeing to that.
The FAA is currently implementing a plan known as the Integrated
Airspace Alternative to redesign the Northeast airspace to improve
congestion at the busiest airports in the Northeast. The FAA only has
to consider safety and efficiency when making their decisions. But they
do not have to consider the effect of air traffic on the quality of
life in the communities near the airports.
Congressman Garrett and I are offering an amendment today to require
the Government Accountability Office to issue a report assessing the
possibility of utilizing market-based strategies for air congestion
reduction. These strategies could include incentivizing airlines to
move flights to offpeak times and implementing slot systems for
airports or quotas. The report would also have the GAO compare these
strategies' effectiveness against redesigned air space.
With that, I just say this amendment does not hold up the redesign
process. It simply requires a study.
Mr. Chairman, I don't know if Mr. Garrett is here. If not, I yield 1
minute to my colleague, the gentleman from New Jersey (Mr.
Frelinghuysen).
Mr. FRELINGHUYSEN. Mr. Chairman, I would like to thank the gentleman
from Connecticut for yielding and for his work and for my colleague
Scott Garrett's work in keeping the issue of increased airline noise
before the public. Throughout my tenure in the House, I have been an
advocate for reducing aircraft noise over northern New Jersey. I have
attended dozens of public hearings, had meetings with officials from
the FAA and responded to literally thousands of my constituents who are
angry about aircraft noise. This new plan, in fact, increases aircraft
noise over northern New Jersey.
I have been a strong proponent of the redesign for airspace over New
York and New Jersey. The first such design was conducted by the FAA,
and through the appropriations process, I think we got $60 million for
it. But in the process, the FAA has not adequately addressed the issue
of aircraft noise. While this amendment doesn't deal directly with
that, I am hopeful that this committee and other Members of Congress
will push the FAA to
[[Page H10682]]
concentrate on the issue of aircraft noise, because as we are
concentrating on airline safety, we need to remember that people have
to live in the area.
Mr. SHAYS. Mr. Chairman, I yield such time as he may consume to the
chairman, the gentleman from Illinois (Mr. Costello).
Mr. COSTELLO. Mr. Chairman, I thank the gentleman for yielding, and I
rise in support of the Shays amendment. Almost 28 percent of flights in
the last 7 months in 2007 were late. We have a serious problem with
congestion and delays in our aviation system. We must look at all
options for reducing these incidents.
Mr. Shays' amendment allows the GAO to review a variety of options so
that we, as policy makers, can be informed and make responsible
decisions towards improving the congestion and delay problem.
Mr. Chairman, I support the Shays amendment, and I thank him for his
amendment.
Mr. SHAYS. Mr. Chairman, I thank the gentleman for his kind words in
support of this amendment offered by Mr. Garrett, myself, Mr.
Frelinghuysen, and I know Eliot Engel, if he were here, would have
wanted to speak on it.
Mr. GARRETT of New Jersey. Mr. Chairman, I am proud to offer this
amendment with my colleague from Connecticut. The FAA recently released
their Record of Decision regarding the New York/New Jersey/Philadelphia
Airspace Redesign and it simply fails to achieve a livable balance for
tens of thousands of citizens living in north Jersey.
The State goal of the redesign was to reduce delays and airspace
congestion: the FAA met this goal by flying planes over communities
that up till now have not had to deal with the noise and pollution
generated by overhead air routes. The FAA's study failed to look into
any strategies other than airspace redesign to reduce delays and
congestion.
Our amendment will ask the GAO to evaluate how other strategies could
reduce delay. I have asked the FAA to review alternative strategies and
politely been rebuffed. Perhaps when we compare the results of this
study with the FAA's claims perhaps we can have a clear view of whether
rerouting planes over our communities is really called for.
While the Record of Decision has been issued, the plans contained in
it will be implemented over a course of years. I am hopeful that this
will give the FAA time to reconsider and to reconstruct their plans to
accommodate the concerns of citizens below the flight paths.
Mr. ENGEL. Mr. Chairman, I stand today in strong support of this
amendment.
This has been the worst year on record for air traffic delays. The
New York area, which I represent, has three major airports with some of
the worst delays in the Nation. Obviously, this situation must change.
This amendment would commission a study to determine how best to fix
these delays.
The FAA had a chance to commission such a study, but instead they
decided to take a unilateral, misguided approach to redesign the
airspace over thousands of residents in my congressional district. The
FAA did this without consulting the very people whose lives would be
most affected.
A study should have been conducted years ago. I support reducing
delays, but we should first know if the FAA's actions will improve air
travel. It would be a mistake for the FAA to continue on this course
without knowing whether the airspace redesign would even reduce delays.
I urge my colleagues to support this amendment because today we are
affected, tomorrow you could be.
Mr. SHAYS. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Connecticut (Mr. Shays).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Hastings of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 5
printed in part C of House Report 110-335.
Mr. HASTINGS of Florida. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Hastings of Florida:
Page 175, line 21, after ``facilities'' insert ``(including
regional offices)''.
Page 176, line 8, before ``field'' insert ``regional or''.
Page 176, line 23, after ``facility'' insert ``(including a
regional office)''.
Page 177, lines 17 and 22, after ``facilities'' insert
``(including regional offices)''.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Chairman, I assure the Chair that I
shall not use all 5 minutes, but I do wish to take cognizance of the
fact that Ms. Waters is not here today. I am handling this amendment as
her designee. She is in Jena, Louisiana today along with thousands of
others who are mindful of continuing injustices in this country. They
are demonstrating to highlight those injustices.
Mr. Chairman, this amendment is a simple clarification of the
language in section 807. This section requires the Secretary of
Transportation to establish a working group to review FAA proposals to
consolidate FAA facilities and services and make recommendations to
Congress.
Mr. Chairman, I urge my colleagues to support this amendment.
This amendment is a simple clarification of the language in Section
807. This section requires the Secretary of Transportation to establish
a working group to review FAA proposals to consolidate FAA facilities
and services and make recommendations to Congress. This working group
will include individuals who represent FAA employees, air carriers,
general aviation, and the airport community. The FAA may not realign or
consolidate FAA facilities and services until Congress has had an
opportunity to consider the working group's recommendations as well as
public comments. The purpose of this section is to ensure that FAA
consolidation cannot take place without the input of affected
stakeholders, the public and Members of Congress.
Mr. Chairman, the gentlewoman from California, Representative Waters
has concerns about the FAA's consolidation of FAA regional offices. The
FAA has nine regional offices serving airports in all 50 States. One of
these offices, the Western-Pacific Regional Office, is located in
Hawthorne, California, in Maxine Waters' congressional district. My
home State of Florida is served by the Southern Regional Office, which
is located in Georgia.
Last year, the FAA consolidated administrative and technical support
services in the regional offices. The previous year, the FAA
consolidated financial accounting services in these offices. The FAA
did not seek or accept input from Congress, regional office employees,
or the affected communities prior to consolidating these services.
It has come to our attention that the FAA is currently considering
plans to consolidate the engineering services in the regional offices.
However, no public comment has been requested by the FAA, despite the
fact that engineering services are critical for the safe operation of
air traffic control towers.
Mr. Chairman, this amendment would clarify that Section 807 applies
not only to the consolidation of FAA field offices and air traffic
control facilities, but also to the consolidation of FAA regional
offices and the services they perform. This amendment would ensure that
proposals to consolidate the FAA's regional offices will be subject to
the same open and transparent process as proposals to consolidate other
FAA offices and facilities.
I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does any Member seek time in opposition?
Mr. HASTINGS of Florida. Mr. Chairman, I am prepared to yield back,
and I do yield back.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Costello
The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in part C of House Report 110-335.
Mr. COSTELLO. Mr. Chairman, I ask unanimous consent to go to the next
amendment without prejudice.
The Acting CHAIRMAN. Once we pass No. 6, we cannot return to No. 6.
Mr. COSTELLO. I ask unanimous consent to move to the next amendment.
Mr. PETRI. Reserving the right to object, my understanding is that
you have to do this in the full House.
The Acting CHAIRMAN. The gentleman is correct. If No. 6 is not
offered, we will move on to No. 7.
Mr. COSTELLO. I am prepared at this time to offer Mr. Udall's
amendment as his designee.
The Acting CHAIRMAN. Is the gentleman the designee?
[[Page H10683]]
Mr. COSTELLO. As Mr. Udall's designee.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Costello:
At the end of title VIII of the bill, add the following
(and conform the table of contents of the bill accordingly):
SEC. 816. AIRLINE PERSONNEL TRAINING ENHANCEMENT.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall issue regulations
under chapter 447 of title 49, United States Code, that
require air carriers to provide initial and annual recurring
training for flight attendants and gate attendants regarding
serving alcohol, dealing with disruptive passengers, and
recognizing intoxicated persons. The training shall include
situational training on methods of handling an intoxicated
person who is belligerent.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Illinois (Mr. Costello) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
{time} 1315
Mr. COSTELLO. Mr. Chairman, I yield such time as he may consume to
the gentleman from New Mexico (Mr. Udall).
Mr. UDALL of New Mexico. Mr. Chairman, I appreciate the gentleman's
yielding to me and appreciate his hard work in the committee.
Mr. Chairman, I rise today to offer a commonsense amendment that will
better ensure the safety of our Nation's citizens, both in the air and
on the ground.
In my district last November, in a situation that is unfortunately
still far too common, a drunk driving accident resulted in the deaths
of a mother, a father and three children. Left behind in Las Vegas, New
Mexico, is one sole-surviving child. The family of six was on their way
home from a soccer match when their minivan was struck by a drunk
driver speeding down the wrong side of the interstate.
As the investigation unfolded, we learned that only a few hours
earlier, the drunk driver was already visibly intoxicated on an airline
flight to New Mexico. While other passengers noticed that the man
appeared to be intoxicated, he was served more alcohol on board the
flight. Just 2 hours after deplaning with a blood alcohol content four
times the legal limit, the man took to the highway, killing this family
and himself.
In the aftermath of this horrible tragedy, I learned that Federal
regulations prohibit an intoxicated person both from boarding a plane,
as well as drinking during a flight. However, the airlines are not
required to train their flight attendants on how to identify
intoxicated passengers. In order to help prevent a problem from
occurring, those in charge must first be able to identify the warning
signs. Adequate training to identify and deal with intoxicated
passengers is critical to ensuring attendants make informed decisions
when serving alcohol.
My amendment works to ensure airline personnel receive this training.
It requires airline carriers to provide gate and flight attendants with
alcohol-server training to help them recognize intoxicated persons. As
New Mexico's Attorney General, I helped implement this training in the
service industry, because research shows this knowledge is critical to
combating the problem. Training would occur annually and would also
provide situational training on how to handle inebriated individuals
who are belligerent.
The intention of my amendment is to prevent drunk driving, but it
does much more. While inebriated passengers pose a danger once they
deplane and drive, they also pose a danger during flight. It is no
secret that when too much alcohol is involved, tempers are more likely
to flare, individuals are more likely to behave inappropriately, and
decision-making skills are drastically impaired. For all of these
reactions to alcohol, flight attendants must have training on how to
handle those people. It is a commonsense approach for the safety of all
people in flight.
Unfortunately, my amendment cannot prohibit all tragic drunk driving
accidents from occurring, but it will implement a system to make it
more difficult for passengers over the legal limit from boarding
planes, deplaning and driving home. Training to identify intoxicated
passengers is critical to ensuring that the attendants make informed
decisions when allowing people to board a flight and when deciding
whether to serve them alcohol.
Mr. PETRI. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN (Mr. Meeks of New York). The gentleman from
Wisconsin is recognized for 5 minutes.
Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment because it is both unnecessary
and redundant. From June 2004 to June 2006, the FAA established an
aviation rulemaking advisory committee consisting of government,
industry and labor unions in order to update the current training
requirements. The proposed rewrite of Federal regulations will address,
among other things, the area of alcohol awareness training for flight
and gate attendants. The FAA plans to publish a notice of proposed
rulemaking in The Federal Register before the end of calendar year
2007.
The FAA's current training requirements address the very issue of
handling unruly and intoxicated passengers, both in the air and on the
ground. This rulemaking will further strengthen FAA's already adequate
training programs to a level that I am sure will meet the gentleman's
expectations.
So the Udall amendment is premature. We should let the agency with
the most expertise take the lead to do the best job of dealing with the
problem which we all agree needs to be even better dealt with.
Mr. Chairman, I would urge a ``no'' vote on the Udall amendment.
Mr. Chairman, having no other requests for time, I yield back the
balance of my time.
Mr. COSTELLO. Mr. Chairman, I yield such time as he may consume to
the gentleman from New Mexico (Mr. Udall).
Mr. UDALL of New Mexico. Mr. Chairman, we must see that flight
attendants are trained in a way that allows us to ensure the safety of
those people in their care, our Nation's fliers. But this amendment can
do much more. It may also help to ensure the safety of those who were
nowhere near the airplane. My amendment cannot prevent every tragedy
that comes from alcohol abuse, but it is one more valuable step we can
take.
I am pleased to note that my amendment has the support of the
Association of Flight Attendants and Mothers Against Drunk Driving, and
I would like to include for the Record letters from them of support.
Mothers Against Drunk Driving,
Irving, TX, September 20, 2007.
Hon. Tom Udall,
House of Representatives,
Washington, DC.
Dear Congressman Udall: I write in support of your
amendment to H.R. 2881, the FAA Reauthorization Act of 2007.
Your amendment seeks to address a potentially serious
problem taking place in our skies. On more than one occasion
I have read about an airline passenger who has had too much
to drink and then driven after the flight. The Udall
amendment seeks to provide proper training to flight
attendants with regard to serving alcohol as well as how to
address passengers who have had too much to drink. For this
reason, MADD supports your amendment.
According to the latest NHTSA study, in 2006 more than
13,000 people died in alcohol related crashes with a blood
alcohol content of .08 or greater. Drunk driving continues to
be the leading cause of traffic fatalities in the country.
You may be interested to know that in 2006, MADD launched
the campaign to eliminate drunk driving. The campaign
consists of four points:
Intensive high-visibility law enforcement, including twice-
yearly crackdowns and frequent enforcement efforts that
include sobriety checkpoints and saturation patrols in all 50
states.
Full implementation of current alcohol ignition interlock
technologies, including efforts to require alcohol ignition
interlock devices for all convicted drunk drivers. A key part
of this effort is working with judges, prosecutors and state
driver's license officials to stop the revolving door of
repeat offenders.
Exploration and development of advanced vehicle-based
technology that will detect if a driver has an illegal
alcohol level of .08 BAC or above and prevent that driver
from operating the vehicle.
Mobilization of grassroots efforts, led by over 400 MADD
affiliates.
Again, thank you for your efforts to address excessive
drinking on airline flights and best wishes as you pursue
your amendment.
[[Page H10684]]
Best wishes.
Sincerely,
Glynn Birch,
President.
____
September 20, 2007.
Give Flight Attendants the Know How To Detect Intoxicated Flyers and
Increase Flight Safety--Support the Udall Amendment to the FAA
Reauthorization Act
Dear Colleague: Today, I am offering an amendment to the
FAA Reauthorization that works to improve the safety of our
nation's travelers, both on and off the ground, by requiring
airlines to provide alcohol server training for their flight
and gate attendants.
Currently, federal regulations prohibit an intoxicated
person from being served alcohol on board a flight, or even
from boarding a flight. However, airlines are not required to
train their flight attendants and gate staff on how to
identify those that are intoxicated. My simple,
straightforward amendment ensures airline personnel receive
this essential training. It requires air carriers to provide
alcohol server training to gate and flight attendants. This
training, which will have to occur annually, would also
include ways to identify intoxicated passengers and deal with
disruptive passengers. The Secretary of Transportation will
have 180 days to promulgate rules to require this training.
Training to identify intoxicated passengers is critical to
ensuring that airline employees make informed decisions when
allowing people to board a flight, when deciding whether to
serve them alcohol, and when necessary, providing them with
the tools they need to handle intoxicated and belligerent
passengers. It is my hope you will join me in supporting this
important amendment, which will help improve public safety
both in the air and on the ground.
For more information on this amendment please contact
Noelle Dominguez.
Sincerely,
Tom Udall,
Member of Congress.
____
Association of
Flight Attendants--CWA, AFL-CIO,
Washington, DC, September 20, 2007.
Hon. Tom Udall,
Longworth House Office Building,
Washington, DC.
Dear Representative Udall: On behalf of the 50,000 members
of the Association of Flight Attendants--CWA, AFL-CIO (AFA-
CWA), I am writing to express support for your amendment to
H.R. 2881 requiring air carriers to provide training to
Flight Attendants and Gate Attendants regarding serving
alcohol, dealing with disruptive passengers and recognizing
intoxicated persons.
AFA-CWA is especially encouraged by your amendment language
calling for training on how to handle intoxicated persons who
become belligerent. Congress must finally address the need to
provide adequate training for flight attendants who face
belligerent and hostile passengers and your amendment is a
much needed and appropriate step in the right direction.
AFA-CWA calls on Congress to adopt this vital amendment.
Sincerely,
Patricia A. Friend,
International President.
Mr. COSTELLO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I support the Udall amendment. The Udall amendment
would ensure that our airline crews are properly trained to handle
these difficult situations and that the training is updated regularly.
This is a commonsense, thoughtful amendment. I support the Udall
amendment and urge my colleagues to do the same.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Costello).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Klein of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 7
printed in part C of House Report 110-335.
Mr. KLEIN of Florida. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Klein of Florida:
At the end of title IV of the amendment, insert the
following (and conform the table of contents of the amendment
accordingly):
SEC. 412. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT
INVESTIGATIONS.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Transportation shall
investigate consumer complaints regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning
overbooking seats flights;
(3) lost, damaged, or delayed baggage, and difficulties
with related airline claims procedures;
(4) problems in obtaining refunds for unused or lost
tickets or fare adjustments;
(5) incorrect or incomplete information about fares,
discount fare conditions and availability, overcharges, and
fare increases;
(6) the rights of passengers who hold frequent flier miles
or equivalent redeemable awards earned through customer-
loyalty programs; and
(7) deceptive or misleading advertising.
(b) Budget Needs Report.--The Secretary shall provide, as
an annex to its annual budget request, an estimate of
resources which would have been sufficient to investigate all
such claims the Department of Transportation received in the
previous fiscal year. The annex shall be transmitted to
Congress when the President submits the budget of the United
States to the Congress under section 1105 of title 31, United
States Code.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Florida (Mr. Klein) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. KLEIN of Florida. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would first like to start by commending Chairman
Oberstar and Subcommittee Chairman Costello for their leadership in
crafting this ambitious bill and taking some of the complex and
critical challenges facing our aviation system to a successful
conclusion.
Mr. Chairman, air travel in our country, unfortunately, has
deteriorated in many ways to an alarming and unacceptable state over
the past couple of years. According to a recent Reuters article in
July, it confirmed that the 20 largest airlines are on pace for their
worst year ever in delays, cancellations and congestion. Now, outgoing
FAA Administrator Marion Blakey has warned that airport delays are
likely to become worse, a distressing admonition from one of the
country's foremost authorities on air travel.
Clearly, there is plenty of blame to go around. An aging
infrastructure, outdated technology, unrealistic flight schedules, an
overstretched workforce, along with poor weather, computer glitches,
and inadequate space in between planes, have all been cited as
contributing to the problems with air travel. With so many deficiencies
stressing the system, it is no surprise that we have reached this
point.
It is also no surprise that the American people are frustrated. We
have all heard from our constituents, demanding that we do something
with the inexcusable treatment they have received during their air
travels. I have heard from one constituent who sat on the tarmac for 3
hours before her flight was cancelled and wasn't able to board another
flight until the next day. I think we have all heard those examples.
Another constituent told me that his flight was canceled; and instead
of rebooking, the airline made him fly standby. He had to wait 36 more
hours before he finally got back. Still another had her bags missing
for over 6 months.
Mr. Chairman, this treatment is unacceptable. The American people
deserve better, whether they are traveling for business or leisure.
They have paid their hard-earned money to fly on a plane, and they
deserve to be treated with a certain level of respect. If they are not
receiving that from the airlines, they should be able to turn to
someone who can put pressure on the airlines to give them the respect
they deserve.
That is where my amendment comes in. It would require the Department
of Transportation to investigate, subject to appropriations, consumer
complaints for a broad range of issues, including flight cancellations,
overbooking of flights, baggage problems, ticket refund problems, and
incorrect or incomplete fare information to help address the growing
unrest among air travelers who receive unacceptable consumer service.
I have no intention of reinventing the wheel here, however. The
Department of Transportation already operates a division that handles
airline consumer complaints, with authority to issue warnings, cease
and desist orders and fines.
However, because of a variety of reasons, including budgetary
constraints, the Department has chosen to greatly limit the number of
investigations it pursues, focusing mainly on discrimination and
disability claims. Other
[[Page H10685]]
types of claims are simply logged and reported monthly, giving
consumers with legitimate grievances no recourse or explanation for
their treatment.
What I am proposing is a simple expansion of the division so that
they have the authority and resources to investigate a wider range of
legitimate consumer grievances. I think it is a fair and reasonable
response to the overwhelming problems the American people have endured.
But if my colleagues are still not convinced, I would ask that they
listen to the Department of Transportation's own Inspector General. In
a report to Congress on April 20, he recommended that the Department
``take a more active role in airline customer service issues.'' This
amendment would turn the Inspector General's recommendation into law.
Mr. Chairman, we stand here today prepared to pass a far-reaching and
well-thought-out bill that addresses many of the critical
infrastructure and technological shortcomings facing the airlines,
airports and the FAA, as well as adding several critical safeguards for
airline passengers. My amendment would add another layer of protection
for customers that is practical and fair. I urge its adoption.
Mr. Chairman, I reserve the balance of my time.
Mr. PETRI. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this provision would gut much of the ongoing high-
priority work of the Department of Transportation Aviation Enforcement
Office by requiring most of its resources to be dedicated to consumers'
complaints.
While I certainly agree that consumer complaint oversight is
important, the dedication of so many resources to only one issue is
just not right. This provision would force the Aviation Enforcement
Office to stop other important aviation enforcement, compliance, and
consumer information and education activities that have for years been
a priority for that office.
This provision would do so by requiring the investigation of each
consumer complaint regarding flight cancellations, overbooking,
baggage, refunds, fares and related conditions, frequent flier programs
and deceptive or misleading advertising.
Currently, the only investigations that have been required by
Congress are disability-related complaints. Sadly, to comply with this
provision, the Aviation Enforcement Office would have to discontinue
enforcement and compliance work involving racial, ethnic and sex-based
discrimination, compliance with the Aviation Disaster Family Assistance
Act, public charter flight violations, and code sharing disclosure
violations.
Compliance with this provision would also necessitate that the office
end its enforcement of unrealistic scheduling, contract of carriage
violations, other unfair and deceptive practices, air carrier fitness
and unlicensed and unauthorized operations, insurance violations, and
reporting violations.
In the opinion of the experts at the Department of Transportation,
these areas of consumer protection are of great importance because they
safeguard the whole pool of consumers by protecting against bad
business practice trends, rather than prosecuting case by case.
In the area of consumer information and education, some of the most
important matters that would have to be eliminated are preparation of
the monthly air travel consumer report, updating of aviation consumer
guidance material, conducting industry and public forums on disability
issues, and participating and providing information of government,
industry and consumer conferences. In addition, the Aviation
Enforcement Office would have to cease all its rulemaking activities.
Everyone knows that with tight government budgets, you really cannot
investigate every single case at the Federal level. Instead, you
provide a forum to file and maintain complaints that are reviewed for
patterns of abuse. You then pursue those cases that will do the most
good for the largest number of consumers.
Again, this amendment, contrary to the intent of the author, would
have disastrous effects on aviation consumer protection and enforcement
of the aviation economic regulations that are currently on the books,
and, therefore, I urge Members to vote ``no'' on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. KLEIN of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Illinois (Mr. Costello), the chairman of
the subcommittee.
{time} 1330
Mr. COSTELLO. Mr. Chairman, I thank the gentleman for yielding and
offering his amendment. The Klein amendment, as was just stated, would
require the DOT to investigate all consumer complaints regarding flight
cancellations, overbookings, baggage problems, and a variety of other
consumer issues as long as funding was provided through the
appropriations process.
Let me commend the gentleman for his amendment. There is no question
that, as we have heard today, complaints are on the rise. There are a
number of problems. This amendment ensures that consumers are getting
their concerns addressed through the official process, and we will work
to ensure that the proper funding to undertake these responsibilities
by the FAA is forthcoming. I support the amendment, and urge my
colleagues to do the same.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Klein).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Neugebauer
The Acting CHAIRMAN. It is now in order to consider amendment No. 8
printed in part C of House Report 110-335.
Mr. NEUGEBAUER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Mr. Neugebauer:
Page 186, after line 2, insert the following:
SEC. 816. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC
INTERNET WEB-BASED SEARCH ENGINE ON WIND
TURBINE INSTALLATION OBSTRUCTION.
(a) Study.--The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of
developing a publicly searchable, Internet Web-based resource
that provides information regarding the acceptable height and
distance that wind turbines may be installed in relation to
aviation sites and the level of obstruction such turbines may
present to such sites.
(b) Considerations.--In conducting the study, the
Administrator shall consult, if appropriate, with the
Secretaries of the Army, Navy and Air Force, Homeland
Security, and Energy to coordinate the requirements of each
agency for future air space needs, determine what the
acceptable risks are to existing infrastructure of each
agency, and define the different levels of risk for such
infrastructure.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report on
the results of the study to the Committee on Transportation
and Infrastructure, Committee on Homeland Security, Committee
on Armed Services and Committee on Science and Technology in
the House of Representatives and the Committee on Commerce,
Science and Transportation, Committee on Government Affairs
and Homeland Security, and the Committee on Armed Services in
the Senate.
The Acting CHAIRMAN. Pursuant to House Resolution 664, the gentleman
from Texas (Mr. Neugebauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. NEUGEBAUER. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. NEUGEBAUER asked and was given permission to revise and extend
his remarks.)
Mr. NEUGEBAUER. Mr. Chairman, this is a very straightforward
amendment. Two important issues are going on in our country right now.
One of those we are talking about on the floor of the House today, and
that is Americans' safety in the air, making sure when our American
citizens travel across the country they are doing it in a safe way.
The other issue that is important to the United States Congress and
to the American people is energy. One of the things that we know today
is wind energy, a renewable source of energy, is
[[Page H10686]]
becoming a predominant piece of the solution for the future.
Several months ago I convened in Abilene, Texas, at Dyess Air Force
Base, members of Department of Defense, Department of Energy, FAA and
other agencies talking about how in the future, as we develop more
renewable sources, particularly wind energy, how we make sure that
there is a compatibility between air safety and providing energy for
the American people.
What we decided was that there needs to be a repository, a place
where data is maintained on the effects of certain kinds of wind
turbines on radar, where the proper placement is so they can continue
to be a vital part of our energy supply, while at the same time making
sure the American people are safe.
This amendment provides for a study to study all of the components
that need to go into that database and that repository to make sure
that we have all of the bases covered. This is kind of a proactive
step. What we are intending to do here, as people are planning these
kinds of projects, there is a place where people can go where they can
get the information up front rather than in hindsight after that
project has moved along.
There is a lot of support for this amendment from the Department of
Energy, Department of Defense and other agencies thinking this is the
right step.
Mr. Chairman, at this time I yield to the gentleman from Wisconsin
(Mr. Petri), the ranking member of the Aviation Subcommittee, who has
worked tirelessly for transportation issues over a number of years.
Mr. PETRI. Mr. Chairman, I want to support the gentleman's amendment
and say that as we look to the future of wind energy, we need to make
certain that the process for siting turbines is appropriate for all
stakeholders.
Specifically, we need policies in place to ensure that wind turbines
do not interfere with important aviation sites, while giving the wind
industry appropriate planning tools.
I wish to thank Congressman Neugebauer for working with the wind
industry and others to refine this amendment.
Mr. NEUGEBAUER. Mr. Chairman, I thank the distinguished gentleman.
As I close, I just want to say, in many cases people bring problems
to the United States Congress and we set out to try to solve those
problems.
In this situation, these agencies are working together already. They
are bringing a commonsense solution to this issue. I think this is a
good policy for our country and for the American people as we make sure
that they fly safely in the future, and also make sure that they have
an appropriate energy supply.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Neugebauer).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Recorded Vote
Mr. COSTELLO. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 418,
noes 0, not voting 19, as follows:
[Roll No. 889]
AYES--418
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carter
Castle
Castor
Chabot
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inglis (SC)
Israel
Issa
Jackson (IL)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--19
Buyer
Carney
Carson
Cubin
Davis, Jo Ann
Everett
Fortuno
Hunter
Inslee
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
King (NY)
Marshall
McHugh
Myrick
Paul
Waters
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised 2 minutes
remain in the vote.
{time} 1357
Mr. KAGEN, Ms. DEGETTE, Messrs. CALVERT, BROUN of Georgia, GILCHREST,
LEVIN and CARTER changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Ms. CARSON. Mr. Chairman, on Thursday, September 20, 2007, I was
unable to vote on roll No. 889. Had I been present, I would have voted
``aye.''
The Acting CHAIRMAN. There being no further amendments, the Committee
rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
[[Page H10687]]
Ross) having assumed the chair, Mr. Meeks of New York, Acting Chairman
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2881) 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 provide
stable funding for the national aviation system, and for other
purposes, pursuant to House Resolution 664, he reported the bill, as
amended by that resolution, back to the House with sundry further
amendments adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any further amendment reported from
the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. PETRI. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 267,
noes 151, not voting 14, as follows:
[Roll No. 890]
AYES--267
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Dicks
Dingell
Doggett
Donnelly
Doyle
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hayes
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Israel
Jackson (IL)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kucinich
Kuhl (NY)
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Peterson (PA)
Platts
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Regula
Reichert
Renzi
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Tiahrt
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
NOES--151
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis, David
Davis, Tom
Deal (GA)
Diaz-Balart, M.
Doolittle
Drake
Dreier
Fallin
Feeney
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Knollenberg
LaHood
Lamborn
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Musgrave
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pickering
Pitts
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rehberg
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Thornberry
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (SC)
Young (FL)
NOT VOTING--14
Carney
Cubin
Davis, Jo Ann
Everett
Hunter
Inslee
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Marshall
McHugh
Myrick
Waters
{time} 1424
Mr. BUCHANAN and Mr. BACHUS changed their vote from ``aye'' to
``no.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________