[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.

                          ____________________