[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3805-S3819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          TEXT OF AMENDMENTS DURING ADJOURNMENT OF THE SENATE

  SA 4656. Mr. KERRY submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4627 proposed by Mr. Rockefeller to 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 safety and capacity, to provide stable funding for the national 
aviation system, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 129, line 11, strike ``200 additional safety 
     inspectors.'' and insert ``at least 200 additional safety 
     inspectors or such greater number as may be provided for by 
     appropriations Acts''.
                                 ______
                                 
  SA 4657. Mr. KERRY (for himself and Mr. Kennedy) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed to amendment SA 4627 proposed by Mr. 
Rockefeller to 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; which was ordered to lie on 
the table; as follows:

       On page 66, between lines 2 and 3, insert the following:
       (5) The Administrator may not consolidate any additional 
     engineering services from the New England Region's 
     engineering offices in Burlington, Massachusetts, and Nashua, 
     New Hampshire, until the Board's recommendations are 
     completed.
       (6) Any Federal Aviation Administration facility, service, 
     or function realignment that has not been completed as of the 
     date of enactment of this Act is subject to the requirements 
     of this section.
                                 ______
                                 
  SA 4658. Mr. KERRY submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4627 proposed by Mr. Rockefeller to 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; which was ordered to 
lie on the table; as follows:

       On page 129, between lines 11 and 12, insert the following:
       (d) Additional Technicians.--From amounts appropriated 
     pursuant to section 106(k)(1) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration is authorized to hire additional technicians 
     so that the Federal Aviation Administration maintains a 
     minimum of 6,100 technical employees in its Technical 
     Operations Service Unit. The Administrator shall ensure 
     sufficient technicians are employed to account for attrition 
     without falling below the minimum technician staffing level 
     of 6,100.
                                 ______
                                 
  SA 4659. Mr. BARRASSO submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4627 proposed by Mr. Rockefeller to 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GOVERNMENT OIL ACQUISITION FINANCIAL ACCOUNTABILITY 
                   AND CONSUMER RELIEF.

       (a) Suspension of Petroleum Acquisition for Strategic 
     Petroleum Reserve.--
       (1) In general.--Notwithstanding any other provision of 
     law, during any period in which the conditions described in 
     paragraph (2) are not met--
       (A) the Secretary of the Interior shall suspend acquisition 
     of petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program; and
       (B) the Secretary of Energy shall suspend acquisition of 
     petroleum for the Strategic Petroleum Reserve through any 
     other acquisition method.
       (2) Resumption.--
       (A) In general.--The Secretary of the Interior may resume 
     acquisition of petroleum for the Strategic Petroleum Reserve 
     through the royalty-in-kind program, and the Secretary of 
     Energy may resume acquisition of petroleum for the Strategic 
     Petroleum Reserve through any other acquisition method, not 
     earlier than 30 days after the date on which the President 
     notifies Congress that the President has determined that, for 
     the most recent consecutive 4-week period--
       (i) the weighted average price of retail, regular, all 
     formulations gasoline in the United States is $2.50 or less 
     per gallon (as adjusted under subparagraph (B)); or
       (ii) the weighted average price of retail, No. 2 diesel in 
     the United States is $2.75 or less per gallon (as adjusted 
     under subparagraph (B)).
       (B) Adjustment.--For fiscal year 2009 and each subsequent 
     fiscal year, the prices specified in clauses (i) and (ii) of 
     subparagraph (A) for the preceding fiscal year shall be 
     adjusted to reflect changes for the 12-month period ending 
     the preceding November 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor.
       (b) Additional Acquisition Requirements.--Section 160 of 
     the Energy Policy and Conservation Act (42 U.S.C. 6240) is 
     amended by inserting after subsection (c) the following:
       ``(d) Additional Acquisition Requirements.--
       ``(1) In general.--To the maximum extent practicable, any 
     acquisitions made by the Secretary of the Interior for the 
     Strategic Petroleum Reserve through the royalty-in-kind 
     program and any acquisitions made by the Secretary of Energy 
     for the Reserve through any other acquisition method 
     (referred to in this subsection as the `respective 
     Secretary') shall reflect a steady monthly dollar value of 
     oil acquired through the royalty-in-kind program or any other 
     acquisition method allowed by law.
       ``(2) Particular inclusion.--
       ``(A) Definition of heavy crude oil.--In this paragraph, 
     the term `heavy crude oil' means oil with a gravity index of 
     not more than 22 degrees.
       ``(B) Requirement.--To the extent technologically feasible, 
     financially beneficial for the Treasury of the United States, 
     and compatible with domestic refining requirements, the 
     respective Secretary shall include at least 10 percent heavy 
     crude oil in making any acquisitions of crude oil for the 
     Reserve.
       ``(3) Negotiation of delivery dates.--Nothing in this 
     subsection limits the ability of the respective Secretary to 
     negotiate delivery dates for crude oil acquired for the 
     Reserve.
       ``(4) National security needs.--The respective Secretary 
     may waive any requirement under this subsection if the 
     respective Secretary determines that the requirement is 
     inconsistent with the national security needs of the United 
     States.''.
                                 ______
                                 
  SA 4660. Mr. BARRASSO (for himself and Mr. Ensign) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed by him to 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

[[Page S3806]]

purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. 717. PRIORITY OF REVIEW OF CONSTRUCTION PROJECTS.

       (a) Findings.--Congress makes the following findings:
       (1) Winter weather in States in cold regions of the United 
     States shortens the period during the year in which 
     construction projects may be carried out in such States.
       (2) If review and approval processes for a construction 
     project in such a State is delayed, the project may not be 
     able to be completed in one construction season, adding 
     additional costs to complete the project.
       (b) Priority of Review of Construction Projects.--
       (1) Requirement to prioritize.--The Administrator of the 
     Federal Aviation Administration shall, to the maximum extent 
     practicable, prioritize the review of construction projects 
     by the Administrator in a manner so that such projects to be 
     carried out in a State described in paragraph (2) are 
     reviewed as early as possible.
       (2) State described.--A State described in this paragraph 
     is a State in which the weather during a typical calendar 
     year prevents major construction projects from being carried 
     out prior to May 1.
                                 ______
                                 
  SA 4661. Mr. KERRY (for himself and Mr. Lautenberg) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed by him to 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 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--
       (1) the mission of aircraft rescue and firefighting 
     personnel, including responsibilities for passenger egress in 
     the context of other requirements of the Federal Aviation 
     Administration;
       (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; and
       (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 practicable, 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) Small Airport Exemption.--
       (1) In general.--The Administrator may exempt any airport 
     designated as an Index A or Index B under part 139 of title 
     14, Code of Federal Regulations, from the rule issued under 
     subsection (a) if such airport petitions for such an 
     exemption, in accordance with regulations promulgated by the 
     Administrator.
       (2) Savings provision.--Notwithstanding any other provision 
     of this section, airports that file a petition under 
     paragraph (1) shall be subject to the airport rescue and 
     firefighting standards under part 139 of title 14, Code of 
     Federal Regulations, in effect as of the date of the 
     enactment of this Act, until the date on which the 
     Administrator requires that such airports comply with the 
     rule issued under subsection (a).
       (g) Final Rule.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall issue the 
     final rule required under subsection (a).
                                 ______
                                 
  SA 4662. Mr. WYDEN submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:


 =========================== NOTE =========================== 

  
  On Page S3806 May 6, 2008, the following appears: SA 4662. Mr. 
WYDEN submitted, under authority of the order of the Senate of May 
2, 2008, an amendment intended to be proposed to amendment SA 2881 
submitted by Mr. SALAZAR and intended to be proposed to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the 
table.
  
  The online version was corrected to read: SA 4662. Mr. WYDEN 
submitted, under authority of the order of the Senate of May 2, 
2008, an amendment intended to be proposed by him to 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; which was ordered to lie on the table.


 ========================= END NOTE ========================= 


       On page 213, beginning on line 21, strike through page 214, 
     line 9, and insert the following:

     SEC. 811. REPLENISH EMERGENCY SPENDING FROM HIGHWAY TRUST 
                   FUND.

       (a) In General.--Section 9503(b) of the Internal Revenue 
     Code of 1986 is amended--
       (1) by adding at the end the following new paragraph:
       ``(7) Emergency spending replenishment.--
       ``(A) In general.--There is hereby appropriated to the 
     Highway Trust Fund $3,400,000,000.
       ``(B) Allocation.--
       ``(i) Allocation of excess replenishment amount.--The 
     fiscal year 2008 Highway Trust Fund excess amount shall be 
     allocated among the accounts of the Highway Trust Fund as 
     follows:

       ``(I) 80 percent of such amount shall be deposited in the 
     Highway Account.
       ``(II) 20 percent of such amount shall be deposited in the 
     Mass Transit Account.

       ``(ii) Fiscal year 2008 highway trust fund excess amount.--
     For purposes of this subparagraph, the term `fiscal year 2008 
     Highway Trust Fund excess amount' means an amount equal to 
     the excess of--

       ``(I) the amount by which the balance of the Highway Trust 
     Fund that is available for obligations for fiscal year 2008 
     (as estimated by the Secretary as of the day before the date 
     of the enactment of the Aviation Investment and Modernization 
     Act of 2008) is estimated by the Secretary to be increased by 
     the enactment of subtitle B of title VIII of the Aviation 
     Investment and Modernization Act, over
       ``(II) the amount by which the obligations of the Highway 
     Trust Fund for fiscal year 2008 (as of the day before the 
     date of the enactment of the Aviation Investment and 
     Modernization Act) are estimated by the Secretary to exceed 
     the balance of the Highway Trust Fund that is available for 
     obligations for fiscal year 2008 (as of the day before the 
     date of the enactment of the Aviation Investment and 
     Modernization Act of 2008).'', and

       (2) by striking ``Amounts Equivalent to Certain Taxes and 
     Penalties'' in the heading and inserting ``Certain Amounts''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 812. OBLIGATION AUTHORITY FOR STIMULUS PROJECTS.

       (a) In General.--Section 1102 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (23 U.S.C. 104 note; Public Law 109-59) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(g) and (h)'' and inserting ``(g), (h), and (l)''; and
       (B) in paragraph (4), by amending such paragraph to read as 
     follows:
       ``(4) the amount that is the sum of--
       ``(A) $39,585,075,404; and
       ``(B) the amount that is 80 percent of the fiscal year 2008 
     Highway Trust Fund excess amount (as defined in section 
     9503(b)(7)(B)(ii) of the Internal Revenue Code of 1986);
     for fiscal year 2008; and''; and
       (2) by adding at the end the following:
       ``(l) Obligation Authority for Stimulus Projects.--
       ``(1) In general.--Of the obligation authority distributed 
     under subsection (a)(4), an amount that is not less than the 
     amount that is 80 percent of the fiscal year 2008 Highway 
     Trust Fund excess amount (as defined in section 
     9503(b)(7)(B)(ii) of the Internal Revenue Code of 1986) shall 
     be provided to States for use in carrying out highway 
     projects that the States determine will provide rapid 
     economic stimulus.
       ``(2) Requirement.--A State that seeks a distribution of 
     the obligation authority described in paragraph (1) shall 
     agree to obligate funds so received not later than 120 days 
     after the date on which the State receives the funds.
       ``(3) Flexibility.--A State that receives a distribution of 
     the obligation authority described in paragraph (1) may use 
     the funds for any highway project described in paragraph (1), 
     regardless of any funding limitation or formula that is 
     otherwise applicable to projects carried out using obligation 
     authority under this section.
       ``(4) Federal share.--The Federal share of any highway 
     project carried out using funds described in paragraph (1) 
     shall be 100 percent.''.
       (b) Conforming Amendments.--
       (1) The matter under the heading ``(including transfer of 
     funds)'' under the heading ``(highway trust fund)'' under the 
     heading ``(limitation on obligations)'' under the heading 
     ``federal-aid highways'' under the heading ``Federal Highway 
     Administration'' of title I of division K of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1844) 
     is amended--
       (A) by striking ``in excess of $40,216,051,359'' and 
     inserting ``in excess of the amount that is the sum of 
     $40,216,051,359 and the amount

[[Page S3807]]

     that is 80 percent of the fiscal year 2008 Highway Trust Fund 
     excess amount (as defined in section 9503(b)(7)(B)(ii) of the 
     Internal Revenue Code of 1986),''; and
       (B) by striking ``the $40,216,051,359 obligation 
     limitation'' and inserting ``the obligation limitation in the 
     amount of such sum''.
       (2) The matter under the heading ``(including rescission)'' 
     under the heading ``(highway trust fund)'' under the heading 
     ``(limitation on obligations)'' under the heading 
     ``(liquidation of contract authority)'' under the heading 
     ``formula and bus grants'' under the heading ``Federal 
     Transit Administration'' of title I of division K of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 1844) is amended by striking ``$6,855,000,000'' and 
     inserting ``, and section 3052 of Public Law 109-59, the 
     amount that is the sum of $6,855,000,000 and the amount that 
     is 20 percent of the fiscal year 2008 Highway Trust Fund 
     excess amount (as defined in section 9503(b)(7)(B)(ii) of the 
     Internal Revenue Code of 1986)''.
       (3) Sections 9503(c)(1) and 9503(e)(3) of the Internal 
     Revenue Code of 1986 are each amended by inserting ``, as 
     amended by the Aviation Investment and Modernization Act of 
     2008,'' after ``the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users''.

     SEC. 813. STIMULUS OF MANUFACTURING AND CONSTRUCTION THROUGH 
                   PUBLIC TRANSPORTATION INVESTMENT.

       (a) In General.--Title III of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1544) is amended by 
     adding at the end the following:

     ``SEC. 3052. STIMULUS OF MANUFACTURING AND CONSTRUCTION 
                   THROUGH PUBLIC TRANSPORTATION INVESTMENT.

       ``(a) Authorization.--The Secretary is authorized to make 
     stimulus grants under this section to public transportation 
     agencies.
       ``(b) Eligible Recipients.--Stimulus grants authorized 
     under subsection (a) may be awarded--
       ``(1) to public transportation agencies which have a full 
     funding grant agreement in force on the date of enactment of 
     this section with Federal payments scheduled in any year 
     beginning with fiscal year 2008, for activities authorized 
     under the full funding grant agreement that would expedite 
     construction of the project; and
       ``(2) to designated recipients as defined in section 5307 
     of title 49, United States Code, for immediate use to address 
     a backlog of existing maintenance needs or to purchase 
     rolling stock or buses, if the contracts for such purchases 
     are in place prior to the grant award.
       ``(c) Use of Funds.--Of the amounts made available to carry 
     out this section, the Secretary shall use to make grants 
     under this section--
       ``(1) 30 percent of such amounts for stimulus grants to 
     recipients described in subsection (b)(1); and
       ``(2) 70 percent of such amounts for stimulus grants to 
     recipients described in subsection (b)(2).
       ``(d) Distribution of Funds.--
       ``(1) Expedited new starts grants.--Funds described in 
     subsection (c)(1) shall be distributed among eligible 
     recipients so that each recipient receives an equal 
     percentage increase based on the Federal funding commitment 
     for fiscal year 2008 specified in Attachment 6 of the 
     recipient's full funding grant agreement.
       ``(2) Formula grants.--Of the funds described in subsection 
     (c)(2)--
       ``(A) 60 percent shall be distributed according to the 
     formula in subsections (a) through (c) of section 5336 of 
     title 49, United States Code; and
       ``(B) 40 percent shall be distributed according to the 
     formula in section 5340 of title 49, United States Code.
       ``(3) Allocation.--The Secretary shall determine the 
     allocation of the amounts described in subsection (c)(1) and 
     shall apportion amounts described in subsection (c)(2) not 
     later than 20 days after the date of enactment of this 
     section.
       ``(4) Notification to congress.--The Secretary shall notify 
     the committees referred to in section 5334(k) of title 49, 
     United States Code, of the allocations determined under 
     paragraph (3) not later than 3 days after such determination 
     is made.
       ``(5) Obligation requirement.--The Secretary shall obligate 
     the funds described in subsection (c)(1) as expeditiously as 
     practicable, but in no case later than 120 days after the 
     date of enactment of this section.
       ``(e) Pre-Award Spending Authority.--
       ``(1) In general.--A recipient of a grant under this 
     section shall have pre-award spending authority.
       ``(2) Requirements.--Any expenditure made pursuant to pre-
     award spending authorized by this subsection shall conform 
     with applicable Federal requirements in order to remain 
     eligible for future Federal reimbursement.
       ``(f) Federal Share.--The Federal share of a stimulus grant 
     authorized under this section shall be 100 percent.
       ``(g) Self-Certification.--
       ``(1) In general.--Prior to the obligation of stimulus 
     grant funds under this section, the recipient of the grant 
     award shall certify--
       ``(A) for recipients described in subsection (b)(1), that 
     the recipient will comply with the terms and conditions that 
     apply to grants under section 5309 of title 49, United States 
     Code;
       ``(B) for recipients under subsection (b)(2), that the 
     recipient will comply with the terms and conditions that 
     apply to grants under section 5307 of title 49, United States 
     Code; and
       ``(C) that the funds will be used in a manner that will 
     stimulate the economy.
       ``(2) Certification.--Required certifications may be made 
     as part of the certification required under section 
     5307(d)(1) of title 49, United States Code.
       ``(3) Audit.--If, upon the audit of any recipient under 
     this section, the Secretary finds that the recipient has not 
     complied with the requirements of this section and has not 
     made a good-faith effort to comply, the Secretary may 
     withhold not more than 25 percent of the amount required to 
     be appropriated for that recipient under section 5307 of 
     title 49, United States Code, for the following fiscal year 
     if the Secretary notifies the committees referred to in 
     subsection (d)(4) at least 21 days prior to such 
     withholding.''.
       (b) Stimulus Grant Funding.--Section 5338 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(h) Stimulus Grant Funding.--For fiscal year 2008, the 
     amount that is 20 percent of the fiscal year 2008 Highway 
     Trust Fund excess amount (as defined in section 
     9503(b)(7)(B)(ii) of the Internal Revenue Code of 1986) shall 
     be available from the Mass Transit Account of the Highway 
     Trust Fund to carry out section 3052 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users.''.
       (c) Expanded Bus Service in Small Communities.--Section 
     5307(b)(2) of title 49, United States Code, is amended--
       (1) in the paragraph heading, by striking ``2007'' and 
     inserting ``2009'';
       (2) in subparagraph (A), by striking ``2007'' and inserting 
     ``2009''; and
       (3) by adding at the end the following:
       ``(E) Maximum amounts in fiscal years 2008 and 2009.--In 
     fiscal years 2008 and 2009--
       ``(i) amounts made available to any urbanized area under 
     clause (i) or (ii) of subparagraph (A) shall be not more than 
     50 percent of the amount apportioned in fiscal year 2002 to 
     the urbanized area with a population of less than 200,000, as 
     determined in the 1990 decennial census of population;
       ``(ii) amounts made available to any urbanized area under 
     subparagraph (A)(iii) shall be not more than 50 percent of 
     the amount apportioned to the urbanized area under this 
     section for fiscal year 2003; and
       ``(iii) each portion of any area not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and eligible to receive funds under subparagraph (A)(iv), 
     shall receive an amount of funds to carry out this section 
     that is not less than 50 percent of the amount the portion of 
     the area received under section 5311 in fiscal year 2002.''.
                                 ______
                                 
  SA 4663. Mr. THUNE (for himself and Mrs. Boxer) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed by him to 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; which was ordered to 
lie on the table; as follows:

       Beginning on page 88, strike line 3 and all that follows 
     through page 89, line 5, and insert the following:
       (a) In General.--Section 41722 is amended by adding at the 
     end the following:
       ``(f) Chronically Delayed Flights.--
       ``(1) Publication of list of flights.--Each air carrier 
     holding a certificate issued under section 41102 that 
     conducts scheduled passenger air transportation shall, on a 
     monthly basis--
       ``(A) publish and update on the Internet website of the air 
     carrier a list of chronically delayed flights operated by 
     such air carrier; and
       ``(B) share such list with each entity that is authorized 
     to book passenger air transportation for such air carrier for 
     inclusion on the Internet website of such entity.
       ``(2) Disclosure to customers when purchasing tickets.--For 
     each individual who books passenger air transportation on the 
     Internet website of an air carrier, or the Internet website 
     of an entity that is authorized to book passenger air 
     transportation for an air carrier, for any flight for which 
     data is reported to the Department of Transportation under 
     part 234 of title 14, Code of Federal Regulations, such air 
     carrier or entity, as the case may be, shall prominently 
     disclose to such individual, before such individual makes 
     such booking, the following:
       ``(A) The on-time performance for the flight if the flight 
     is a chronically delayed flight.
       ``(B) The cancellation rate for the flight if the flight is 
     a chronically canceled flight.
       ``(3) Definitions.--In this subsection:
       ``(A) Chronically delayed flight.--The term `chronically 
     delayed flight' means a regularly scheduled flight that has 
     failed to arrive on time (as such term is defined in section 
     234.2 of title 14, Code of Federal Regulations) at least 40 
     percent of the time during the most recent 3-month period for 
     which data is available.
       ``(B) Chronically canceled flight.--The term `chronically 
     canceled flight' means a regularly scheduled flight at least 
     30 percent

[[Page S3808]]

     of the departures of which have been canceled during the most 
     recent 3-month period for which data is available.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 4664. Mr. DeMINT submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CERTAIN PROVISION IS NULL AND VOID.

       Section 313, and the amendments made by such section, are 
     hereby null and void and shall have no effect.
                                 ______
                                 
  SA 4665. Mr. DeMINT submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     provision that proposes a congressional earmark of 
     appropriated funds authorized by this Act.
       (b) Definitions.--For the purpose of this section, the term 
     ``congressional earmark'' means a provision or report 
     language included primarily at the request of a Member, 
     Delegate, Resident Commissioner, or Senator providing, 
     authorizing or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
                                 ______
                                 
  SA 4666. Mr. DeMINT submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4585 proposed by Mr. Rockefeller (for himself, Mr. Inouye, 
Mr. Baucus, and Mr. Grassley) to 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CERTAIN PROVISION IS NULL AND VOID.

       Section 831, and the amendments made by such section, are 
     hereby null and void and shall have no effect.
                                 ______
                                 
  SA 4667. Mrs. HUTCHISON submitted, under authority of the order of 
the Senate of May 2, 2008, an amendment intended to be proposed by her 
to 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; which was ordered to lie on the table; as 
follows:

       On page 99, after line 25, add the following:
       (d) Exception to Certain Beyond-Perimeter Exemptions.--
     Section 41718 is amended--
       (1) in subsection (a), as amended, by striking ``exemptions 
     from the requirements of subparts K and S of part 93,'' and 
     insert ``from the requirements of subparts K and S of part 93 
     of title 14,''; and
       (2) in subsection (c), as amended, by adding at the end the 
     following:
       ``(5) Exception to certain beyond-perimeter exemptions.--Of 
     the exemptions granted under subsection (a), 4 shall be 
     granted without regard to the competition requirement under 
     subsection (a)(2) to air carriers for select routes 
     originating from or terminating at a medium hub airport that 
     is located--
       ``(A) outside the perimeter established for civil aircraft 
     operations at Ronald Reagan Washington National Airport under 
     section 49109; and
       ``(B) within a State that contains not fewer than 2 large 
     hub airports that are located within such perimeter.''.
                                 ______
                                 
  SA 4668. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       The Comptroller General of the United States shall conduct 
     a study of, and submit a report regarding, whether the 
     proposed merger of Northwest Airlines and Delta Air Lines 
     announced April 14, 2008, will harm air transport services in 
     rural areas.
                                 ______
                                 
  SA 4669. Mr. BAUCUS (for himself, Mr. Tester, Mr. Bingaman, Ms. 
Snowe, Mr. Wyden, Mr. Harkin, Mr. Thune, and Mr. Levin) submitted, 
under authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed by him to 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; which was ordered to 
lie on the table; as follows:

       On page 111, between lines 4 and 5, insert the following:
       ``(g) Adjustment for Fuel Costs.--
       ``(1) In general.--The Secretary shall adjust the rate at 
     which compensation is being paid under this subchapter for 
     fuel costs to ensure that air carriers providing air service 
     or air transportation under this subchapter are adequately 
     compensated, as provided in paragraphs (2) and (3).
       ``(2) Initial adjustment.--On the date that is 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall adjust the rate of compensation for fuel costs for each 
     air carrier described in paragraph (1) by the percentage 
     increase or decrease, as the case may be, in the average fuel 
     cost per block hour, as reported by the air carrier, for the 
     90-day period beginning on such date of enactment over the 
     average fuel cost per block hour, as reported by the air 
     carrier, during the 90-day period ending on such date of 
     enactment.
       ``(3) Subsequent adjustments.--On the date that is 180 days 
     after the date of the enactment of this Act, and every 90 
     days thereafter, the Secretary shall adjust the rate of 
     compensation for fuel costs for each air carrier described in 
     paragraph (1) by the percentage increase or decrease, as the 
     case may be, in the average fuel cost per block hour, as 
     reported by the air carrier, in the most recent 90-day period 
     over the average fuel cost per block hour on which the 
     adjustment for the preceding 90-day period was based.
       ``(4) Applicability of other provisions.--The Secretary 
     shall make the adjustment under paragraph (1) without regard 
     to any adjustment for significantly increased costs under 
     subsection (e).''.
                                 ______
                                 
  SA 4670. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       In reviewing the proposed merger of Northwest Airlines and 
     Delta Air Lines announced April 14, 2008, the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice shall consider any potential adverse 
     effects on competition in urban and rural areas with fewer 
     than 200,000 residents.
                                 ______
                                 
  SA 4671. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
the bill H.R. 2881, to amend title 49, United

[[Page S3809]]

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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       In reviewing the proposed merger of Northwest Airlines and 
     Delta Air Lines announced April 14, 2008, the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice shall consider whether Northwest 
     Airlines or Delta Air Lines would be able to continue 
     business operations if such proposed merger does not occur.
                                 ______
                                 
  SA 4672. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       (a) In General.--For any covered airline merger, the 
     waiting period described in section 7A(b)(1) of the Clayton 
     Act (15 U.S.C. 18a(b)(1)) for that covered airline merger 
     shall expire on the latter of--
       (1) the date that is 1 year after the date of enactment of 
     this Act; or
       (2) the date that such waiting period otherwise expires 
     under section 7A(b)(1) of the Clayton Act (15 U.S.C. 
     18a(b)(1)) (including such later date as may be set under 
     subsection (e)(2) or (g)(2) of such section).
       (b) Definition of Covered Airline Merger.--In this section, 
     the term ``covered airline merger'' means any acquisition of 
     voting securities or assets of a person in the air transport 
     services industry--
       (1) relating to which--
       (A) a notice is filed pursuant to the rules under section 
     7A(d)(1) of the Clayton Act (15 U.S.C. 18a(d)(1)) during the 
     1-year period beginning on the date of enactment of this Act; 
     or
       (B) the waiting period described in section 7A(b)(1) of the 
     Clayton Act (15 U.S.C. 18a(b)(1)) has not expired on the date 
     of enactment of this Act; and
       (2) that the Assistant Attorney General in charge of the 
     Antitrust Division of the Department of Justice determines is 
     likely to result in layoffs in, or reductions in air 
     transport services to, rural areas.
                                 ______
                                 
  SA 4673. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON IMPACT OF PROPOSED MERGER BETWEEN DELTA 
                   AIR LINES AND NORTHWEST AIRLINES ON AIR 
                   TRANSPORTATION MARKET IN EUROPE.

       The Secretary of Transportation shall conduct a study on 
     the proposed merger between Delta Air Lines and Northwest 
     Airlines--
       (1) to estimate, if such merger were completed, what share 
     of the air transportation market in Europe such merged entity 
     would have, taking into consideration the Open Skies 
     Initiative; and
       (2) to determine whether permitting such merger would 
     violate any trade agreement with respect to which the United 
     States is a party.
                                 ______
                                 
  SA 4674. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. __. ACTION BY STATE ATTORNEYS GENERAL AGAINST DELTA AND 
                   NORTHWEST MERGER.

       Congress encourages the Attorney General of any State 
     adversely impacted by the proposed Delta and Northwest merger 
     to bring an action under the Clayton Act to enjoin the merger 
     or recover any appropriate damages.
                                 ______
                                 
  SA 4675. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON EXISTING CODE-SHARING AGREEMENTS AND 
                   PROPOSED MERGER BETWEEN DELTA AIR LINES AND 
                   NORTHWEST AIRLINES.

       The Secretary of Transportation shall conduct a study on 
     the proposed merger between Delta Air Lines and Northwest 
     Airlines to assess whether, because of existing code-sharing 
     agreements between Northwest Airlines, Air France, and KLM 
     Royal Dutch Airlines--
       (1) such merger would provide greater access to United 
     States air transportation markets by Air France and KLM Royal 
     Dutch Airlines; and
       (2) such increased access would be in the United States 
     public interest.
                                 ______
                                 
  SA 4676. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. __. STUDY OF THE IMPACT THAT AIRLINE MERGERS HAVE HAD ON 
                   RURAL AREAS.

       (a) In General.--The Attorney General shall conduct a study 
     on the impact that airline mergers have had on rural areas 
     since deregulation of the airline industry in 1978.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit the 
     findings from the study required by subsection (a) to 
     Congress.
       (c) Definition.--In this section, the term ``rural areas'' 
     means areas having fewer than 50,000 residents.
                                 ______
                                 
  SA 4677. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. __. STUDY OF THE IMPACT THAT AIRLINE MERGERS HAVE HAD ON 
                   NEW COMMERCIAL AIRLINE ENTRIES INTO RURAL 
                   MARKETS.

       (a) In General.--The Attorney General shall conduct a study 
     on the impact that airline mergers have had on new commercial 
     airline entries into rural markets.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit the 
     findings from the study required by subsection (a) to 
     Congress.
                                 ______
                                 
  SA 4678. Mr. BAUCUS submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       The Comptroller General of the United States shall conduct 
     a study of, and submit a report to Congress regarding, the 
     effect of the proposed merger of Northwest Airlines and Delta 
     Air Lines announced April 14, 2008, on--
       (1) the compensation of executives of such companies; and
       (2) the liabilities of the employee pension benefit plans 
     of such companies relating to employees that are not 
     executive-level employees.
                                 ______
                                 
  SA 4679. Ms. CANTWELL submitted, under authority of the order of the

[[Page S3810]]

Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       On page 99, line 12, strike ``5'' and insert ``7''.
                                 ______
                                 
  SA 4680. Ms. CANTWELL submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

         On page 118, strike line 18 and all that follows through 
     page 120, line 21, and insert the following:

     SEC. 508. INCREASING SAFETY FOR HELICOPTER AND FIXED WING 
                   EMERGENCY MEDICAL SERVICE OPERATORS AND 
                   PATIENTS.

         (a) Compliance Regulations.--
         (1) In general.--Except as provided in paragraph (2), not 
     later than 18 months after the date of the enactment of this 
     Act, all pilots of a helicopter or fixed wing aircraft 
     providing emergency medical services shall comply with part 
     135 of title 14, Code of Federal Regulations, if there is a 
     medical crew on board, without regard to whether there are 
     patients on board.
         (2) Exception.--If an aircraft described in paragraph (1) 
     is operating under instrument flight rules or is carrying out 
     training therefor--
         (A) the weather minimums and duty and rest time 
     regulations under such part 135 of such title shall apply; 
     and
         (B) the weather reporting requirement at the destination 
     shall not apply until such time as the Administrator of the 
     Federal Aviation Administration determines that suitable, 
     cost-effective, portable, and accurate ground-based weather 
     measuring and reporting systems are available.
         (b) Implementation of Flight Risk Evaluation Program.--
         (1) Initiation.--Not later than 60 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking--
         (A) to create a standardized checklist of risk evaluation 
     factors based on Notice 8000.301, which was issued by the 
     Administration on August 1, 2005; and
         (B) to require helicopter and fixed wing aircraft 
     emergency medical service operators to use the checklist 
     created under subparagraph (A) to determine whether a mission 
     should be accepted.
         (2) Completion.--The rulemaking initiated under paragraph 
     (1) shall be completed not later than 18 months after it such 
     initiation.
         (c) Comprehensive Consistent Flight Dispatch 
     Procedures.--
         (1) Initiation.--Not later than 60 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking--
         (A) to require that helicopter and fixed wing emergency 
     medical service operators formalize and implement performance 
     based flight dispatch and flight-following procedures; and
         (B) to develop a method to assess and ensure that such 
     operators comply with the requirements described in 
     subparagraph (A).
         (2) Completion.--The rulemaking initiated under paragraph 
     (1) shall be completed not later than 18 months after it such 
     initiation.
         (d) Improving Situational Awareness.--Any helicopter or 
     fixed-wing aircraft used for emergency medical service 
     operations that is ordered after the date of the enactment of 
     this Act shall have on board a device that performs the 
     function of a terrain awareness and warning system that meets 
     the requirements of the applicable Federal Aviation 
     Administration Technical Standard Order or other guidance 
     prescribed by the Administration.
         (e) Improving the Data Available to NTSB Investigators at 
     Crash Sites.--
         (1) Study.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall complete a study that--
         (A) analyzes the feasibility of requiring devices that 
     perform the function of recording voice communications and 
     flight data information on helicopters and fixed wing 
     aircraft used for emergency medical service operators; and
         (B) addresses issues related to survivability, weight, 
     and financial considerations of the requirement described in 
     subparagraph (A).
         (2) Rulemaking.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue regulations that require 
     devices that perform the function of recording voice 
     communications and flight data information on board aircraft 
     described in paragraph (1)(A).
                                 ______
                                 
  SA 4681. Ms. CANTWELL submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       Strike section 712 and insert the following:

     SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT 
                   PROPERTIES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a pilot program at 
     not more than 4 public use airports, under which local 
     airport operators, which have submitted a noise compatibility 
     program approved by the Federal Aviation Administration under 
     section 47504 of title 49, United States Code, will be 
     awarded demonstration grants, from amounts made available 
     under section 47117(e) of title 49, United States Code, and 
     passenger facility revenue collected under section 40117 of 
     title 49, United States Code, to establish partnerships with 
     affected neighboring local jurisdictions--
       (1) to support joint planning, engineering design, and 
     environmental permitting for the assembly and redevelopment 
     of property purchased with noise mitigation funds or 
     passenger facility revenue;
       (2) to encourage airport compatible land uses; and
       (3) to generate economic benefits to the local airport 
     authority and the adjacent community.
       (b) Demonstration Grants.--
       (1) In general.--The Administrator shall award not more 
     than 4 grants for pilot property redevelopment demonstration 
     projects distributed geographically and targeted to airports 
     that demonstrate--
       (A) a readiness to implement cooperative land use 
     management and redevelopment plans with the adjacent 
     community;
       (B) clear economic benefits to the local community; and
       (C) financial return to the airport through the 
     implementation of the redevelopment plan.
       (2) Federal share.--
       (A) In general.--The United States Government share of the 
     allowable costs of a project under this section shall be 80 
     percent.
       (B) Allowable costs.--In determining the allowable costs 
     for a project under this section, the Secretary shall deduct, 
     from the total costs of the activities described in 
     subsection (a), the portion of such costs that is equal to 
     the portion of the total property to be redeveloped under 
     this section that is not owned and will not be acquired by 
     the airport operator pursuant to the noise compatibility 
     program, the affected neighboring local jurisdictions, or 
     other public entities.
       (3) Maximum amount.--Not more than $5,000,000 of the 
     amounts 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.
       (4) Exception.--The amounts paid to the Secretary under 
     paragraph (3)--
       (A) shall be in addition to amounts made available under 
     section 48103 of title 49, United States Code;
       (B) shall not be subject to any limitation on grant 
     obligations for any fiscal year; and
       (C) shall remain available until expended.
       (c) Grant Requirements.--The Administrator may not award a 
     demonstration grant under this section unless--
       (1) grant funds are used to enable the airport operator and 
     local jurisdictions undertaking the community redevelopment 
     effort to expedite redevelopment efforts; and
       (2) the grant is subject to a requirement that--
       (A) the local jurisdiction governing the property interests 
     in question adopts zoning regulations that permit airport 
     compatible redevelopment; and
       (B) in determining the part of the proceeds from disposing 
     of the land that is subject to repayment or reinvestment 
     under section 47107(c)(2)(A) of title 49, United States Code, 
     the total amount of the grant issued under this section is 
     added to the amount of any grants awarded to acquire land.
       (d) Noise Compatibility Measures.--Section 47504(a)(2) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     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 the land or other property interest acquired by the 
     airport operator pursuant to this subsection is located, to 
     encourage and enhance redevelopment opportunities that 
     reflect zoning and uses that will prevent the introduction of 
     additional incompatible uses and enhance redevelopment 
     potential.''.

[[Page S3811]]

       (e) Use of Passenger Facility Revenue.--Eligible agencies 
     that own or operate airports designated by the Administrator 
     for participation in the pilot program under this section may 
     use passenger facility revenue collected under section 40117 
     of title 49, United States Code, to pay for any project costs 
     described in subsection (a) that are not financed with a 
     demonstration grants awarded under this section.
       (f) Report to Congress.--Not later than 30 months after the 
     date on which the first grant is awarded under this section, 
     the Administrator shall submit a report to Congress that 
     describes the effectiveness of the program.
       (g) Sunset.--This section shall expire on September 30, 
     2011.
                                 ______
                                 
  SA 4682. Mrs. MURRAY submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       On page 190, between lines 2 and 3, insert the following:

     SEC. 717. PROHIBITION ON USE OF FUNDS TO REDUCE HOURS AT THE 
                   SPOKANE INTERNATIONAL AIRPORT AIR TRAFFIC 
                   CONTROL TOWER.

       None of the amounts authorized to be appropriated or 
     otherwise made available by this Act may be obligated or 
     expended to reduce the hours of operation of the Spokane 
     International Airport (GEG) Air Traffic Control Tower.
                                 ______
                                 
  SA 4683. Mrs. MURRAY submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       On page 131, between lines 13 and 14, insert the following:

     SEC. 520. INSPECTOR GENERAL EVALUATION OF SECURITY AT 
                   NATIONAL AIRSPACE SYSTEM FACILITIES.

       (a) In General.--The Inspector General of the Department of 
     Transportation shall conduct an evaluation of physical 
     security at Federal Aviation Administration National Airspace 
     System facilities.
       (b) Contents.--The evaluation required under subsection (a) 
     shall include the following:
       (1) A comprehensive assessment of the security regulations, 
     processes, and standards of the Federal Aviation 
     Administration for ensuring adequate physical security at 
     National Airspace System facilities.
       (2) A comprehensive assessment of the compliance of the 
     Federal Aviation Administration with existing security 
     regulations, processes, and standards at all National 
     Airspace System facilities, including air traffic control 
     towers, terminal radar approach control facilities, and air 
     route traffic control centers.
       (3) An evaluation of the adequacy of the internal controls 
     of the Federal Aviation Administration for ensuring 
     compliance with and enforcement of security regulations, 
     processes, and standards relating to physical security at 
     National Airspace System facilities.
       (4) An evaluation of the adequacy of security training, 
     antiterrorism training, and weapons qualifications training 
     provided to contract security guards.
       (5) An evaluation of the regulations, processes, and 
     standards of the Federal Aviation Administration relating to 
     drug and alcohol testing and background checks of contract 
     security guards.
       (6) An evaluation of the adequacy of the internal controls 
     of the Federal Aviation Administration for ensuring full 
     compliance with and enforcement of regulations, processes, 
     and standards applicable to the hiring and training of 
     contract security guards.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Inspector General shall submit the 
     Committee on Appropriations and the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Appropriations and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     containing--
       (1) the results of the evaluation required under subsection 
     (a); and
       (2) any recommendations to the Federal Aviation 
     Administration with respect to improving--
       (A) regulations, processes, and standards for ensuring 
     adequate physical security at National Airspace System 
     facilities; and
       (B) oversight of and compliance with security measures at 
     National Airspace System facilities.
                                 ______
                                 
  SA 4684. Mrs. MURRAY submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       On page 95, between lines 21 through 22, insert the 
     following:
       (c) Limitation on Local Share.--Section 47124(b)(3) is 
     amended by adding at the end the following:
       ``(F) Limitation on local share for certain airports.--
     Notwithstanding any other provision of this section, in the 
     case of an airport that is certified under part 139 of title 
     14, Code of Federal Regulations, and that has more than 
     10,000 but fewer than 50,000 passenger enplanements per year, 
     the local share of the costs of carrying out the Contract 
     Tower Program shall not exceed 20 percent.''.
                                 ______
                                 
  SA 4685. Mr. WYDEN submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEFINITIONS RELATING TO AMATEUR-BUILT AIRCRAFT.

       As used in section 21.191(g) of title 14, Code of Federal 
     Regulations--
       (1) the term ``fabricated'' means to perform work on a part 
     or component, such as gluing, forming, shaping, trimming, 
     drilling, applying protective coatings, riveting, spot 
     welding or heat-treating, transforming the part or component 
     into its finished state for inclusion into a sub-assembly or 
     within a final assembly; and
       (2) the term ``major portion'' means more than \1/2\ of the 
     sum of the applicable fabrication, assembly, and installation 
     tasks needed to complete an airworthy aircraft.
                                 ______
                                 
  SA 4686. Mr. CARPER (for himself and Mr. Voinovich) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to be proposed by him to 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                 Subtitle _--Infrastructure Improvement

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``National Infrastructure 
     Improvement Act of 2008''.

     SEC. __2. DEFINITIONS.

       In this subtitle:
       (1) Acquisition.--The term ``acquisition'' includes any 
     necessary activities for siting a facility, equipment, 
     structures, or rolling stock by purchase, lease-purchase, 
     trade, or donation.
       (2) Commission.--The term ``Commission'' means the National 
     Commission on the Infrastructure of the United States 
     established by section __3(a).
       (3) Construction.--The term ``construction'' means--
       (A) the design, planning, and erection of new 
     infrastructure;
       (B) the expansion of existing infrastructure;
       (C) the reconstruction of an infrastructure project at an 
     existing site; and
       (D) the installation of initial or replacement 
     infrastructure equipment.
       (4) Infrastructure.--
       (A) In general.--The term ``infrastructure'' means a 
     nonmilitary structure or facility, and any equipment and any 
     nonstructural elements associated with such a structure or 
     facility.
       (B) Inclusions.--The term ``infrastructure'' includes--
       (i) a surface transportation facility (such as a road, 
     bridge, highway, public transportation facility, and freight 
     and passenger rail), as the Commission, in consultation with 
     the National Surface Transportation Policy and Revenue Study 
     Commission established by section 1909(b)(1) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1471), 
     determines to be appropriate;
       (ii) a mass transit facility;
       (iii) an airport or airway facility;
       (iv) a resource recovery facility;
       (v) a water supply and distribution system;
       (vi) a wastewater collection, conveyance, or treatment 
     system, and related facilities;

[[Page S3812]]

       (vii) a stormwater treatment system to manage, reduce, 
     treat, or reuse municipal stormwater;
       (viii) waterways, locks, dams, and associated facilities;
       (ix) a levee and any related flood damage reduction 
     facility;
       (x) a dock or port; and
       (xi) a solid waste disposal facility.
       (5) Nonstructural elements.--The term ``nonstructural 
     elements'' includes --
       (A) any feature that preserves and restores a natural 
     process, a landform (including a floodplain), a natural 
     vegetated stream side buffer, wetland, or any other 
     topographical feature that can slow, filter, and naturally 
     store storm water runoff and flood waters;
       (B) any natural design technique that percolates, filters, 
     stores, evaporates, and detains water close to the source of 
     the water; and
       (C) any feature that minimizes or disconnects impervious 
     surfaces to slow runoff or allow precipitation to percolate.
       (6) Maintenance.--The term ``maintenance'' means any 
     regularly scheduled activity, such as a routine repair, 
     intended to ensure that infrastructure continues to operate 
     efficiently and as intended.
       (7) Rehabilitation.--The term ``rehabilitation'' means an 
     action to extend the useful life or improve the effectiveness 
     of existing infrastructure, including--
       (A) the correction of a deficiency;
       (B) the modernization or replacement of equipment;
       (C) the modernization of, or replacement of parts for, 
     rolling stock relating to infrastructure;
       (D) the use of nonstructural elements; and
       (E) the removal of infrastructure that is deteriorated or 
     no longer useful.

     SEC. __3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on the Infrastructure of 
     the United States'' to ensure that the infrastructure of the 
     United States--
       (1) meets current and future demand;
       (2) facilitates economic growth;
       (3) is maintained in a manner that ensures public safety; 
     and
       (4) is developed or modified in a sustainable manner.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 8 
     members, of whom--
       (A) 2 members shall be appointed by the President;
       (B) 2 members shall be appointed by the Speaker of the 
     House of Representatives;
       (C) 1 member shall be appointed by the minority leader of 
     the House of Representatives;
       (D) 2 members shall be appointed by the majority leader of 
     the Senate; and
       (E) 1 member shall be appointed by the minority leader of 
     the Senate.
       (2) Qualifications.--Each member of the Commission shall--
       (A) have experience in 1 or more of the fields of 
     economics, public administration, civil engineering, public 
     works, construction, and related design professions, 
     planning, public investment financing, environmental 
     engineering, or water resources engineering; and
       (B) represent a cross-section of geographical regions of 
     the United States.
       (3) Date of appointments.--The members of the Commission 
     shall be appointed under paragraph (1) not later than 90 days 
     after date of the enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancies.--A vacancy in the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled, not later than 30 days after the date 
     on which the vacancy occurs, in the same manner as the 
     original appointment was made.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson or the request of the majority of the Commission 
     members.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.

     SEC. __4. DUTIES.

       (a) Study.--
       (1) In general.--Not later than February 15, 2010, the 
     Commission shall complete a study of all matters relating to 
     the state of the infrastructure of the United States.
       (2) Matters to be studied.--In carrying out paragraph (1), 
     the Commission shall study matters such as--
       (A) the capacity of infrastructure to sustain current and 
     anticipated economic development and competitiveness, 
     including long-term economic growth, including the potential 
     return to the United States economy on investments in new 
     infrastructure as opposed to investments in existing 
     infrastructure;
       (B) the age and condition of public infrastructure 
     (including congestion and changes in the condition of that 
     infrastructure as compared with preceding years);
       (C) the methods used to finance the construction, 
     acquisition, rehabilitation, and maintenance of 
     infrastructure (including general obligation bonds, tax-
     credit bonds, revenue bonds, user fees, excise taxes, direct 
     governmental assistance, and private investment);
       (D) any trends or innovations in methods used to finance 
     the construction, acquisition, rehabilitation, and 
     maintenance of infrastructure;
       (E) investment requirements, by type of infrastructure, 
     that are necessary to maintain the current condition and 
     performance of the infrastructure and the investment needed 
     (adjusted for inflation and expressed in real dollars) to 
     improve infrastructure in the future;
       (F) based on the current level of expenditure (calculated 
     as a percentage of total expenditure and in constant dollars) 
     by Federal, State, and local governments--
       (i) the projected amount of need the expenditures will meet 
     5, 15, 30, and 50 years after the date of the enactment of 
     this Act; and
       (ii) the levels of investment requirements, as identified 
     under subparagraph (E);
       (G) any trends or innovations in infrastructure procurement 
     methods;
       (H) any trends or innovations in construction methods or 
     materials for infrastructure;
       (I) the impact of local development patterns on demand for 
     Federal funding of infrastructure;
       (J) the impact of deferred maintenance; and
       (K) the collateral impact of deteriorated infrastructure.
       (b) Recommendations.--The Commission shall develop 
     recommendations--
       (1) on a Federal infrastructure plan that will detail 
     national infrastructure program priorities, including 
     alternative methods of meeting national infrastructure 
     investment needs to effectuate balanced economic development;
       (2) on infrastructure improvements and methods of 
     delivering and providing for infrastructure facilities;
       (3) for analysis or criteria and procedures that may be 
     used by Federal agencies and State and local governments in--
       (A) inventorying existing and needed infrastructure 
     improvements;
       (B) assessing the condition of infrastructure improvements;
       (C) developing uniform criteria and procedures for use in 
     conducting the inventories and assessments; and
       (D) maintaining publicly accessible data; and
       (4) for proposed guidelines for the uniform reporting, by 
     Federal agencies, of construction, acquisition, 
     rehabilitation, and maintenance data with respect to 
     infrastructure improvements.
       (c) Statement and Recommendations.--Not later than February 
     15, 2010, the Commission shall submit to Congress--
       (1) a detailed statement of the findings and conclusions of 
     the Commission; and
       (2) the recommendations of the Commission under subsection 
     (b), including recommendations for such legislation and 
     administrative actions for 5-, 15-, 30-, and 50-year time 
     periods as the Commission considers to be appropriate.

     SEC. __5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission shall hold such hearings, 
     meet and act at such times and places, take such testimony, 
     administer such oaths, and receive such evidence as the 
     Commission considers advisable to carry out this subtitle.
       (b) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this subtitle.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the Federal agency 
     shall provide the information to the Commission.
       (c) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Contracts.--The Commission may enter into contracts 
     with other entities, including contracts under which 1 or 
     more entities, with the guidance of the Commission, conduct 
     the study required under section __4(a).
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.

     SEC. __6. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--A member of the Commission 
     shall serve without pay, but shall be allowed a per diem 
     allowance for travel expenses, at rates authorized for an 
     employee of an agency under subchapter I of chapter 57 of 
     title 5, United States Code, while away from the home or 
     regular place of business of the member in the performance of 
     the duties of the Commission.
       (b) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws, including 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (2) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by a 
     majority of the members of the Commission.
       (3) Compensation.--

[[Page S3813]]

       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--In no event shall any employee of 
     the Commission (other than the executive director) receive as 
     compensation an amount in excess of the maximum rate of pay 
     for Executive Level IV under section 5315 of title 5, United 
     States Code.
       (c) Detail of Federal Government Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (2) Civil service status.--The detail of a Federal employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (d) Procurement of Temporary and Intermittent Services.--On 
     request of the Commission, the Secretary of the Army, acting 
     through the Chief of Engineers, shall provide, on a 
     reimbursable basis, such office space, supplies, equipment, 
     and other support services to the Commission and staff of the 
     Commission as are necessary for the Commission to carry out 
     the duties of the Commission under this subtitle.

     SEC. __7. REPORTS.

       (a) Interim Reports.--Not later than 1 year after the date 
     of the initial meeting of the Commission, the Commission 
     shall submit an interim report containing a detailed summary 
     of the progress of the Commission, including meetings and 
     hearings conducted during the interim period, to--
       (1) the President;
       (2) the Committees on Transportation and Infrastructure and 
     Natural Resources of the House of Representatives; and
       (3) the Committees on Environment and Public Works, Energy 
     and Natural Resources, and Commerce, Science, and 
     Transportation of the Senate.
       (b) Final Report.--On termination of the Commission under 
     section __9, the Commission shall submit a final report 
     containing a detailed statement of the findings and 
     conclusions of the Commission and recommendations for 
     legislation and other policies to implement those findings 
     and conclusions, to--
       (1) the President;
       (2) the Committees on Transportation and Infrastructure and 
     Natural Resources of the House of Representatives; and
       (3) the Committees on Environment and Public Works, Energy 
     and Natural Resources, and Commerce, Science, and 
     Transportation of the Senate.
       (c) Transparency.--A report submitted under subsection (a) 
     or (b) shall be made available to the public electronically, 
     in a user-friendly format, including on the Internet.

     SEC. __8. FUNDING.

       For each of the fiscal years 2009 through 2011, upon 
     request by the Commission--
       (1) using amounts made available to the Secretary of 
     Transportation from any source or account other than the 
     Highway Trust Fund, the Secretary of Transportation shall 
     transfer to the Commission $750,000 for use in carrying out 
     this subtitle;
       (2) using amounts from the General Expenses account of the 
     Corps of Engineers (other than amounts in that account made 
     available through the Department of Defense), the Secretary 
     of the Army, acting through the Chief of Engineers, shall 
     transfer to the Commission $250,000 for use in carrying out 
     this subtitle; and
       (3) the Administrator of the Environmental Protection 
     Agency shall transfer to the Commission $250,000 for use in 
     carrying out this subtitle.

     SEC. __9. TERMINATION OF COMMISSION.

       The Commission shall terminate on September 30, 2011.
                                 ______
                                 
  SA 4687. Mr. MARTINEZ submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PLAN FOR THE EXPANSION OF SPACE TRANSPORTATION 
                   SUPPORT SERVICES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the space transportation industry of the United States 
     has matured to the point that civilian and commercial launch 
     requirements can appropriately be served by the private 
     sector;
       (2) the Federal Aviation Administration is the appropriate 
     regulatory agency for ensuring the safety of space 
     transportation support services;
       (3) like other transportation modes developed before space 
     transportation, space launch is becoming increasingly 
     commercial and increasingly important as a strategic 
     capability for the economic growth of the United States; and
       (4) the Nation's space transportation capabilities would 
     benefit from conformity with the Federal Aviation 
     Administration's support systems for aviation management and 
     infrastructure.
       (b) Plan to Expand Space Transportation Support Services.--
       (1) In general.--Not later than February 1, 2009, the 
     Administrator of the Federal Aviation Administration, in 
     consultation with the Administrator of the National 
     Aeronautics and Space Administration, the Secretary of the 
     Air Force, and the Commercial Space Transportation Advisory 
     Committee of the Federal Aviation Administration, shall 
     develop and submit to Congress and the President a plan to 
     expand space transportation support services to improve the 
     international competitiveness of the space transportation 
     providers and spaceports of the United States.
       (2) Contents.--The plan required under paragraph (1) shall 
     include the following:
       (A) A plan to develop a common civilian range safety system 
     to support commercial and civilian launch and reentry 
     operations at spaceport sites licensed by the Federal 
     Aviation Administration, including such sites currently 
     served by United States military ranges.
       (B) A review of laws, regulations, and policies that may 
     impede the development of a common civilian range system and 
     the competitiveness of United States commercial launch 
     providers and spaceports and any recommendations with respect 
     to amending such laws, regulations, and policies.
       (C) A plan for adapting existing aviation support systems 
     to support space transportation, including the National Plan 
     of Integrated Airport Systems, the Airport and Airway Trust 
     Fund, the Airport Improvement Program, aerospace workforce 
     technical certifications, and the Air Transportation Centers 
     of Excellence Program.
       (D) An identification of technologies necessary to support 
     space transportation.
                                 ______
                                 
  SA 4688. Mr. LAUTENBERG (for himself, Mr. Schumer, Mrs. Clinton, and 
Mr. Menendez) submitted, under authority of the order of the Senate of 
May 2, 2008, an amendment intended to be proposed by him to 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; which was ordered to lie on the table; as follows:

       At the end of title V, insert the following:

                       Subtitle B--Runway Safety

     SECTION 521. SHORT TITLE.

       This subtitle may be cited as the ``Runway Safety 
     Improvement Act of 2008''.

     SEC. 522. STRATEGIC PLAN FOR RUNWAY SAFETY.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration (referred to in this subtitle as the 
     ``Administrator'') shall develop and submit to Congress a 
     report that contains a strategic runway safety plan.
       (b) Contents of Plan.--The strategic runway safety plan 
     submitted under subsection (a) shall--
       (1) include--
       (A) goals to improve runway safety;
       (B) a description of near- and longer-term actions designed 
     to reduce the severity, number, and rate of runway 
     incursions;
       (C) time frames and resources needed for the actions 
     described in subparagraph (B); and
       (D) a plan to implement a continuous evaluative process to 
     track performance toward the goals referred to in 
     subparagraph (A); and
       (2) address the increased runway safety risk associated 
     with the expected increases in the volume of air traffic.
       (c) Audit of Strategic Runway Safety Plan.--The Comptroller 
     General of the United States shall--
       (1) conduct an audit of the plan developed under subsection 
     (a); and
       (2) submit periodic reports to the Committee on Commerce, 
     Science, and Transportation of the Senate and Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describe--
       (A) the efficacy of the runway safety plan in reducing 
     runway safety risks; and
       (B) the progress of the Federal Aviation Administration in 
     complying with the plan.

     SEC. 523. TECHNOLOGY IMPROVEMENTS.

       (a) Plan and Schedule for Installation and Deployment of 
     Systems to Provide Alerts of Potential Runway Incursions.--
       (1) Deployment plan.--Not later than December 31, 2008, the 
     Administrator shall submit to Congress a plan for the 
     installation of and deployment schedule for systems to alert 
     air traffic controllers and flight crews of potential runway 
     incursions at--
       (A) the 35 commercial airports in the United States that 
     are most at risk of runway incursions; and
       (B) general aviation airports identified by the 
     Administrator as being most at risk of runway incursions.
       (2) Contents.--The plan submitted under paragraph (1) 
     shall--
       (A) ensure existing technology for improved situational 
     awareness is available to

[[Page S3814]]

     pilots of commercial and large general aviation aircraft;
       (B) enhance the value of investments in existing surface 
     movement detection systems by ensuring that runway incursion 
     alert data collected by such systems are automatically and 
     directly transmitted to flight crews; and
       (C) ensure that airports most at risk of runway incursions 
     receive priority for the installation of advanced surface 
     movement detection systems.
       (3) Objectives.--The installation and deployment schedule 
     required under paragraph (1) shall ensure that--
       (A) not later than March 31, 2009, the Administrator 
     certifies an integrated aircraft and ground-based capability 
     that transmits direct warnings of runway incursions through 
     advanced surface movement detection systems or other 
     detection systems, as appropriate, without controller 
     intervention;
       (B) not later than December 31, 2009, capability providing 
     aural indication of own aircraft position relative to airport 
     runways is installed on--
       (i) all aircraft operated pursuant to part 121 or 135 of 
     title 14, Code of Federal Regulations, with more than 10 
     seats; and
       (ii) all turbine-powered aircraft operated pursuant to part 
     91 of such title 14, with more than 6 seats;
       (C) not later than June 30, 2010, the Administrator 
     provides the capability described in subparagraph (A) at all 
     airports equipped with advanced surface movement detection 
     systems;
       (D) not later than December 31, 2010, all aircraft 
     described in subparagraph (B) at airports equipped with 
     advanced surface movement detection systems are equipped with 
     the capability to receive, process, and present runway 
     incursion alerts to pilots; and
       (E) a schedule is published for the equipage of aircraft 
     operated pursuant to part 125 or 129 of title 14, Code of 
     Federal Regulations.
       (b) Review of Implementation of Advanced Surface Movement 
     Detection Systems.--The Inspector General of the Department 
     of Transportation shall--
       (1) review the installation of each advanced surface 
     movement detection system funded by the Administrator to 
     ensure that each system functions in accordance with the 
     product's certification by the Administrator; and
       (2) submit an annual report to the Committee on Commerce, 
     Science, and Transportation of the Senate and Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes the status of the proper 
     implementation of each system, including a review of the 
     system's--
       (A) reliability to ensure it is not susceptible to failures 
     to generate timely alerts for controllers to take appropriate 
     action; and
       (B) ability to successfully operate in all climate 
     conditions in which aircraft operations are conducted at the 
     airport.

     SEC. 524. INFRASTRUCTURE UPGRADES.

       (a) Authorization of Appropriations for Technology 
     Investments.--There are authorized to be appropriated to the 
     Administrator, from amounts deposited in the Airport and 
     Airway Trust Fund established under section 9502(d) of the 
     Internal Revenue Code of 1986, to install systems designed to 
     reduce the potential for runway incursions through the 
     purchase and installation of advanced surface movement 
     detection systems, and ground-based infrastructure for 
     cockpit-direct audible runway incursion warning systems--
       (1) $41,000,000 for fiscal year 2009;
       (2) $42,250,000 for fiscal year 2010; and
       (3) $45,000,000 for fiscal year 2011.
       (b) Authorization of Appropriations for Near-Term 
     Improvements.--There are authorized to be appropriated to the 
     Administrator, from amounts deposited in the Airport and 
     Airways Trust Fund established under section 9502(d) of the 
     Internal Revenue Code of 1986, to reduce the potential for 
     runway incursions through the purchase and installation of 
     appropriate automatic equipment, including runway occupancy 
     alerting and warning equipment, perimeter taxiways, and 
     runway status lights--
       (1) $40,000,000 for fiscal year 2009;
       (2) $45,000,000 for fiscal year 2010; and
       (3) $55,000,000 for fiscal year 2011.
       (c) Authorization of Appropriations for Runway Safety Area 
     Improvements.--There are authorized to be appropriated to the 
     Administrator, from amounts deposited in the Airport and 
     Airway Trust Fund established under section 9502(d) of the 
     Internal Revenue Code of 1986, to improve runway safety areas 
     to meet Federal Aviation Administration standards--
       (1) $150,000,000 for fiscal year 2009;
       (2) $200,000,000 for fiscal year 2010; and
       (3) $75,000,000 for fiscal year 2011.
       (d) Codification of Runway Safety Design Standard 
     Compliance Requirement From Public Law 109-115.--Section 
     44727 is amended by adding at the end the following:
       ``(c) Deadline for Runway Safety Area Design Standard 
     Compliance.--Not later than December 31, 2015, the owner or 
     operator of each airport described in section 44706(a) shall 
     improve the airport's runway safety areas to comply with the 
     Federal Aviation Administration design standards required 
     under part 139 of title 14, Code of Federal Regulations.''.
       (e) Annual Report on Runway Safety Area Compliance.--The 
     Administrator shall annually submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report that describes the progress of 
     the Administration toward improving the runway safety areas 
     at airports described in section 44706(a) of title 49, United 
     States Code.

     SEC. 525. REVIEW OF RUNWAY AND TAXIWAY LIGHTING AND MARKINGS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall--
       (1) review the type of runway and taxiway lighting (both 
     daytime and nighttime configurations) and markings at large 
     and medium hub airports for compliance with standards issued 
     by the Federal Aviation Administration; and
       (2) identify runways on which nonstandard lighting and 
     markings, including variance in illumination levels and 
     standard colors used on runways and taxiways, may contribute, 
     or may have contributed, to operational errors or incidents.
       (b) Initial Report.--Not later than 60 days after the 
     completion of the review under subsection (a), the 
     Administrator shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that--
       (1) describes the variance in lighting conditions and 
     markings at airport runways described in subsection (a);
       (2) identifies those runways that are most likely to 
     contribute to operational errors and incidents; and
       (3) includes a plan for remedying variance in lighting 
     conditions and markings at nonstandard runways, including 
     associated costs.
       (c) Comprehensive Review and Report.--Not later than 
     January 1, 2010, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report covering the 
     subjects described in subsection (b), after conducting a full 
     review of the factors described subsection (a) for all 
     airports described in section 44706(a) of title 49, United 
     States Code.

     SEC. 526. MONITORING AND RECORDING EQUIPMENT FOR NAVIGATION 
                   AND LIGHTING AIDS.

       (a) In General.--The Administrator, in consultation with 
     the Chairman of the National Transportation Safety Board, 
     shall evaluate the potential for improving safety and 
     accident investigations through the use of systems, including 
     existing technologies, that record and enable the archival of 
     the operational status of lighting systems on the movement 
     areas of, or that are critical to the safe operations at, 
     airports described in section 44706(a) of title 49, United 
     States Code, and the operational status of ground-based 
     navigation aids at or near airports described in section 
     44706(a) of title 49, United States Code, which are used to 
     provide approach, departure, takeoff, and landing guidance at 
     such airports.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that describes the 
     results of the evaluation required under subsection (a).

     SEC. 527. IMPROVED DATA COLLECTION ON RUNWAY OVERRUNS.

       The Administrator of the Federal Aviation Administration 
     shall--
       (1) collect data, using either existing sources of aircraft 
     operational incidents or a new reporting process, regarding 
     aircraft excursions that do not result in fatalities, 
     injuries, or significant property damage;
       (2) examine the data collected pursuant to paragraph (1) on 
     an ongoing basis; and
       (3) submit an annual report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that describes--
       (A) trends and potential safety risks identified by the 
     data; and
       (B) actions taken by airports and the Federal Aviation 
     Administration to reduce those risks.
                                 ______
                                 
  SA 4689. Mrs. McCASKILL (for herself, Mr. Specter, Mr. Obama, and 
Mrs. Clinton) submitted, under authority of the order of the Senate of 
May 2, 2008, an amendment intended to be proposed by her to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION ___. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR 
                   STATIONS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102(a) of title 49, United 
     States Code.
       (3) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in such section 40102(a).

[[Page S3815]]

       (4) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in such section 40102(a).
       (5) Covered maintenance work.--The term ``covered 
     maintenance work'' means maintenance work that is 
     substantial, scheduled, or a required inspection item, as 
     determined by the Administrator.
       (6) Part 121 air carrier.--The term ``part 121 air 
     carrier'' means an air carrier that holds a certificate under 
     part 121 of title 14, Code of Federal Regulations (or any 
     successor regulation).
       (7) Part 145 repair station.--The term ``part 145 repair 
     station'' means a repair station that holds a certificate 
     under part 145 of title 14, Code of Federal Regulations (or 
     any successor regulation).
       (8) United states commercial aircraft.--The term ``United 
     States commercial aircraft'' means an aircraft registered in 
     the United States and owned or leased by a commercial air 
     carrier.
       (b) Regulation of Repair Stations for Safety.--
       (1) In general.--Chapter 447 is amended by adding at the 
     end the following:

     ``SEC. 44730. REPAIR STATIONS.

       ``(a) Definitions.--In this section:
       ``(1) Covered maintenance work.--The term `covered 
     maintenance work' means maintenance work that is substantial, 
     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 under 
     part 121 of title 14, Code of Federal Regulations (or any 
     successor regulation).
       ``(3) Part 145 repair station.--The term `part 145 repair 
     station' means a repair station that holds a certificate 
     under part 145 of title 14, Code of Federal Regulations (or 
     any successor regulation).
       ``(4) United states commercial aircraft.--The term `United 
     States commercial aircraft' means an aircraft registered in 
     the United States and owned or leased by a commercial air 
     carrier.
       ``(b) Requirements for Maintenance Personnel Providing 
     Covered Maintenance Work.--Not later than 3 years after the 
     date of the enactment of this section, the Administrator 
     shall prescribe regulations requiring all covered maintenance 
     work on United States commercial aircraft to be performed by 
     maintenance personnel employed by--
       ``(1) a part 145 repair station;
       ``(2) a part 121 air carrier; or
       ``(3) a person that provides contract maintenance personnel 
     to a part 145 repair station or a part 121 air carrier, if 
     such personnel--
       ``(A) meet the requirements of such repair station or air 
     carrier, as the case may be;
       ``(B) work under the direct supervision and control of such 
     repair station or air carrier, as the case may be; and
       ``(C) carry out their work in accordance with the quality 
     control manuals of such repair station or the maintenance 
     manual of such air carrier, as the case may be.
       ``(c) Certification of Inspection of Foreign Repair 
     Stations.--Not later than 2 years after the date of the 
     enactment of this section, and annually thereafter, the 
     Administrator shall certify to Congress that--
       ``(1) each certified foreign repair station that performs 
     maintenance work on an aircraft or a component of an aircraft 
     for a part 121 air carrier has been inspected not fewer than 
     2 times in the preceding calendar year by an aviation safety 
     inspector of the Federal Aviation Administration; and
       ``(2) not fewer than 1 of the inspections required by 
     paragraph (1) for each certified foreign repair station was 
     carried out at such repair station without any advance notice 
     to such foreign repair station.
       ``(d) Drug and Alcohol Testing of Foreign Repair Station 
     Personnel.--Not later than 1 year after the date of the 
     enactment of this section, the Administrator shall modify the 
     certification requirements under part 145 of title 14, Code 
     of Federal Regulations, to include testing for the use of 
     alcohol or a controlled substance in accordance with section 
     45102 of this title of any individual employed by a foreign 
     repair station and performing a safety-sensitive function on 
     a United States commercial aircraft for a foreign repair 
     station.''.
       (2) Temporary program of identification and oversight of 
     noncertified repair facilities.--
       (A) Develop plan.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator shall develop 
     a plan for a program--
       (i) to require each part 121 air carrier to identify and 
     submit to the Administrator a complete list of all 
     noncertificated maintenance providers that perform covered 
     maintenance work on United States commercial aircraft used by 
     such part 121 air carriers to provide air transportation;
       (ii) to validate lists described in clause (i) that are 
     submitted by a part 121 air carrier to the Administrator by 
     sampling the records of part 121 air carriers, such as 
     maintenance activity reports and general vendor listings; and
       (iii) to carry out surveillance and oversight by field 
     inspectors of the Federal Aviation Administration of all 
     noncertificated maintenance providers that perform covered 
     maintenance work on United States commercial aircraft for 
     part 121 air carriers.
       (B) Report on plan for program.--Not later than 180 days 
     after the date of the enactment of this Act, the 
     Administrator shall submit to Congress a report that contains 
     the plan required by subparagraph (A).
       (C) Implementation of planned program.--Not later than 1 
     year after the date of the enactment of this Act and until 
     regulations are prescribed under section 44730(b) of title 
     49, United States Code, as added by paragraph (1), the 
     Administrator shall carry out the plan required by 
     subparagraph (A).
       (D) Annual report on implementation.--Not later than 180 
     days after the commencement of the plan under subparagraph 
     (C) and each year thereafter until the regulations described 
     in such subparagraph are prescribed, the Administrator shall 
     submit to Congress a report on the implementation of the plan 
     carried out under such subparagraph.
       (3) Clerical amendment.--The analysis for chapter 447 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``44730. Repairs stations.''.

       (d) Update of Foreign Repair Fee Schedule.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator shall revise the 
     methodology for computation of fees for certification 
     services performed outside the United States under part 187 
     of title 14, Code of Federal Regulations, to cover fully the 
     costs to the Federal Aviation Administration of such 
     certification services, including--
       (A) the costs of all related inspection services;
       (B) all travel expenses, salary, and employment benefits of 
     inspectors who provide such services; and
       (C) any increased costs to the Administration resulting 
     from requirements of this section.
       (2) Updates.--The Administrator shall periodically revise 
     such methodology to account for subsequent changes in such 
     costs to the Administration.
       (e) Annual Report by Inspector General.--Not later than 1 
     year after the date of the enactment of this Act and annually 
     thereafter, the Inspector General of the Department of 
     Transportation shall submit to Congress a report on the 
     implementation of--
       (1) section 44730 of title 49, United States Code, as added 
     by subsection (b)(1) of this section;
       (2) subsection (b)(2) of this section;
       (4) subsection (d) of this section; and
       (5) the regulations prescribed or amended under the 
     provisions described in this subsection.
                                 ______
                                 
  SA 4690. Mrs. BOXER submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4627 proposed by Mr. Rockefeller to 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; which was ordered to 
lie on the table; as follows:

       On page 87, between lines 9 and 10, insert the following: 
     ``The Secretary may not approve a contingency service plan 
     that does not closely adhere to the standards set forth in 
     subsection (a)(2).''.
                                 ______
                                 
  SA 4691. Mrs. DOLE submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       On page 120, between lines 21 and 22, insert the following:
       (f) Nonpreemption.--Nothing in this section or in section 
     41713(b) of title 49, United States Code, shall affect the 
     authority of a State or a political subdivision of a State to 
     regulate air ambulance services provided within that State 
     with respect to--
       (1) access to and availability of air ambulance services; 
     or
       (2) the standards of quality of care by air ambulance 
     services.
                                 ______
                                 
  SA 4692. Mrs. DOLE submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by her to 
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; which was ordered to lie on the table; as follows:

       Beginning on page 65, strike line 24 and all that follows 
     through page 66, line 2, and insert the following:
       (4) Until the recommendations of the Board are completed, 
     the Administrator may not--
       (A) consolidate any additional approach control facilities 
     into the Southern California TRACON or the Memphis TRACON; or

[[Page S3816]]

       (B) de-consolidate, de-combine, split, or otherwise realign 
     the approach control facilities at Charlotte Douglas 
     International Airport.
                                 ______
                                 
  SA 4693. Mr. BUNNING submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION __. FEDERAL FLIGHT DECK OFFICERS.

       Section 44921 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Establishment.--The Secretary of Homeland Security 
     shall establish a Federal flight deck officer program to 
     deputize eligible pilots as Federal law enforcement officers 
     to defend against acts of criminal violence and air piracy. 
     Such deputized pilots shall be known as `Federal flight deck 
     officers'.''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Authority to Carry Firearms.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall authorize Federal flight deck 
     officers to purchase and carry a firearm on the officer's 
     person in any State and between States, in accordance with 
     this section.
       ``(2) Authority.--A Federal flight deck officer shall have 
     the same authority to carry a firearm as the authority 
     granted to other Federal law enforcement officers under 
     Federal law.
       ``(3) Procedures.--The operational procedures relating to 
     carrying firearms applicable to Federal flight deck officers 
     may not be more restrictive than the procedures that are 
     generally imposed on other Federal law enforcement officers 
     who are legally authorized to carry a firearm.
       ``(4) Locked devices.--
       ``(A) No requirement to use.--Federal flight deck officers 
     may not be required to carry or transport a firearm in a 
     locked bag, box, holster, or any other device.
       ``(B) Requirement to provide.--Upon the request of a 
     Federal flight deck officer, the Secretary of Homeland 
     Security shall provide a secure locking device or other 
     appropriate container for storage of a firearm by the Federal 
     flight deck officer.
       ``(5) Training.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     Federal flight deck officers may not be required to complete 
     any additional training beyond the training required of such 
     officers as the date of the enactment of the Aviation 
     Investment and Modernization Act of 2008.
       ``(B) On-line training.--The Secretary of Homeland Security 
     may require Federal flight deck officers to complete 
     additional web-based online training.''.
                                 ______
                                 
  SA 4694. Mr. BUNNING submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4585 proposed by Mr. Rockefeller (for himself, Mr. Inouye, 
Mr. Baucus, and Mr. Grassley) to 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; which was ordered to 
lie on the table; as follows:

       Strike section 603 and insert the following:

     SEC. 603. AVIATION FUEL PRODUCED FROM CLEAN COAL AND 
                   ALTERNATIVE AND UNCONVENTIONAL DOMESTIC 
                   FEEDSTOCKS FOR CIVILIAN AND MILITARY AIRCRAFT.

       (a) Establishment of Alternative Jet Fuel Program.--From 
     amounts made available under section 48102(a) of title 49, 
     United States Code, the Secretary of Transportation, in 
     consultation with the Secretary of the Air Force, shall 
     establish a program related to developing jet fuel produced 
     from clean coal and from alternative and unconventional 
     domestic feedstocks. The program shall include participation 
     by educational and research institutions that have existing 
     facilities and experience in the development and deployment 
     of technology that process coal and alternative and 
     unconventional domestic feedstocks into aviation fuel.
       (b) Program Requirements.--Any alternative jet fuel program 
     established by a Federal agency, including the program 
     established under subsection (a) and the Department of the 
     Air Force alternative jet fuel program, may include grants, 
     reimbursable agreements, long-term contracts, and other 
     instruments authorized under section 106(l)(6) of title 49, 
     United States Code. Such program may include long-term 
     contracts or agreements for the acquisition of alternative 
     jet fuel, but only if such contracts or agreements are--
       (1) for a term of not more than 25 years;
       (2) at a price that is competitive, throughout the term of 
     the contract or agreement, with the market price of 
     petroleum-derived aviation fuel of similar quality; and
       (3) for a fuel that has lower lifecycle greenhouse gas 
     emissions as compared to the lifecycle greenhouse gas 
     emissions of the petroleum-based aviation fuel that was 
     displaced.
       (c) Clarification.--In the case of a Federal agency 
     agreement for alternative jet fuel, the lifecycle greenhouse 
     gas emissions associated with the production and combustion 
     of the fuel supplied under the contract shall be considered 
     to be less than such emissions from the equivalent 
     conventional fuel produced from conventional petroleum 
     sources if such emissions are determined to be lower--
       (1) by peer-reviewed research conducted or reviewed by a 
     National Laboratory; or
       (2) by the head of the Federal agency, based on available 
     research and testing.
       (d) Designation of Institution as a Center of Excellence.--
     Not later than 180 days 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 for Excellence for Coal-to-Jet-Fuel Research.
       (e) Tax Credit for Alternative and Unconventional Aviation 
     Fuel Mixture.--
       (1) In general.--Section 6426 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Alternative and Unconventional Aviation Fuel 
     Mixture.--
       ``(1) In general.--For purposes of this section, the 
     alternative and unconventional aviation fuel mixture credit 
     is the product of 50 cents and the number of gallons of 
     alternative and unconventional aviation fuel used by the 
     taxpayer in producing any alternative and unconventional 
     aviation fuel mixture for sale or use in a trade or business 
     of the taxpayer.
       ``(2) Alternative and unconventional aviation fuel 
     mixture.--For purposes of this subsection, the term 
     `alternative and unconventional aviation fuel mixture' means 
     a mixture of alternative and unconventional aviation fuel and 
     aviation-grade kerosene which--
       ``(A) is sold by the taxpayer producing such mixture to any 
     person for use as a fuel, or
       ``(B) is used as a fuel by the taxpayer producing such 
     mixture.
       ``(3) Alternative and unconventional aviation fuel.--For 
     purposes of this subsection, the term `alternative and 
     unconventional aviation fuel' means aviation fuel that is 
     produced from unconventional resources (including coal, 
     natural gas, biomass, ethanol, butanol, and hydrogen) and is 
     determined, through peer-reviewed research conducted or 
     reviewed by a National Laboratory, or by the head of a 
     Federal agency, would produce lower lifecycle greenhouse gas 
     emissions, as compared to the lifecycle greenhouse gas 
     emissions of the displaced aviation fuel.
       ``(4) Termination.--This subsection shall not apply to any 
     sale or use for any period after December 31, 2016.''.
       (2) Conforming amendment.--Section 6426(a)(1) of the 
     Internal Revenue Code of 1986 is amended by striking ``and 
     (e)'' and inserting ``(e), and (i)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to any sale or use after the date of the 
     enactment of this Act.
       (f) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Transportation, Federal Aviation 
     Administration, Department of the Air Force, and other 
     Federal agencies should continue research, testing, 
     evaluation, and use of alternative fuels as defined in this 
     section with the goals of--
       (1) reducing emissions;
       (2) lowering the cost of aviation fuel; and
       (3) increasing the performance, reliability, and security 
     of aviation fuel production and supply.
                                 ______
                                 
  SA 4695. Mr. BUNNING submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed by him to 
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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION __. FEDERAL FLIGHT DECK OFFICERS.

       Section 44921 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Establishment.--The Secretary of Homeland Security 
     shall establish a Federal flight deck officer program to 
     deputize eligible pilots as Federal law enforcement officers 
     to defend against acts of criminal violence and air piracy. 
     Such deputized pilots shall be known as `Federal flight deck 
     officers'.''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Authority to Carry Firearms.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall authorize Federal flight deck 
     officers to purchase and carry a firearm on the officer's 
     person in any State and between States, in accordance with 
     this section.

[[Page S3817]]

       ``(2) Authority.--A Federal flight deck officer shall have 
     the same authority to carry a firearm as the authority 
     granted to other Federal law enforcement officers under 
     Federal law.
       ``(3) Procedures.--The operational procedures relating to 
     carrying firearms applicable to Federal flight deck officers 
     may not be more restrictive than the procedures that are 
     generally imposed on other Federal law enforcement officers 
     who are legally authorized to carry a firearm.
       ``(4) Locked devices.--
       ``(A) No requirement to use.--Federal flight deck officers 
     may not be required to carry or transport a firearm in a 
     locked bag, box, holster, or any other device.
       ``(B) Requirement to provide.--Upon the request of a 
     Federal flight deck officer, the Secretary of Homeland 
     Security shall provide a secure locking device or other 
     appropriate container for storage of a firearm by the Federal 
     flight deck officer.
       ``(5) Training.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     Federal flight deck officers may not be required to complete 
     any additional training beyond the training required of such 
     officers as the date of the enactment of the Aviation 
     Investment and Modernization Act of 2008.
       ``(B) On-line training.--The Secretary of Homeland Security 
     may require Federal flight deck officers to complete 
     additional web-based online training.''.
                                 ______
                                 
  SA 4696. Mr. BUNNING submitted, under authority of the order of the 
Senate of May 2, 2008, an amendment intended to be proposed to 
amendment SA 4585 proposed by Mr. Rockefeller (for himself, Mr. Inouye, 
Mr. Baucus, and Mr. Grassley) to 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; which was ordered to 
lie on the table; as follows:

       Strike section 603 and insert the following:

     SEC. 603. AVIATION FUEL PRODUCED FROM CLEAN COAL AND 
                   ALTERNATIVE AND UNCONVENTIONAL DOMESTIC 
                   FEEDSTOCKS FOR CIVILIAN AND MILITARY AIRCRAFT.

       (a) Establishment of Alternative Jet Fuel Program.--From 
     amounts made available under section 48102(a) of title 49, 
     United States Code, the Secretary of Transportation, in 
     consultation with the Secretary of the Air Force, shall 
     establish a program related to developing jet fuel produced 
     from clean coal and from alternative and unconventional 
     domestic feedstocks. The program shall include participation 
     by educational and research institutions that have existing 
     facilities and experience in the development and deployment 
     of technology that process coal and alternative and 
     unconventional domestic feedstocks into aviation fuel.
       (b) Program Requirements.--Any alternative jet fuel program 
     established by a Federal agency, including the program 
     established under subsection (a) and the Department of the 
     Air Force alternative jet fuel program, may include grants, 
     reimbursable agreements, long-term contracts, and other 
     instruments authorized under section 106(l)(6) of title 49, 
     United States Code. Such program may include long-term 
     contracts or agreements for the acquisition of alternative 
     jet fuel, but only if such contracts or agreements are--
       (1) for a term of not more than 25 years;
       (2) at a price that is competitive, throughout the term of 
     the contract or agreement, with the market price of 
     petroleum-derived aviation fuel of similar quality; and
       (3) for a fuel that has lower lifecycle greenhouse gas 
     emissions as compared to the lifecycle greenhouse gas 
     emissions of the petroleum-based aviation fuel that was 
     displaced.
       (c) Clarification.--In the case of a Federal agency 
     agreement for alternative jet fuel, the lifecycle greenhouse 
     gas emissions associated with the production and combustion 
     of the fuel supplied under the contract shall be considered 
     to be less than such emissions from the equivalent 
     conventional fuel produced from conventional petroleum 
     sources if such emissions are determined to be lower--
       (1) by peer-reviewed research conducted or reviewed by a 
     National Laboratory; or
       (2) by the head of the Federal agency, based on available 
     research and testing.
       (d) Designation of Institution as a Center of Excellence.--
     Not later than 180 days 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 for Excellence for Coal-to-Jet-Fuel Research.
       (e) Tax Credit for Alternative and Unconventional Aviation 
     Fuel Mixture.--
       (1) In general.--Section 6426 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Alternative and Unconventional Aviation Fuel 
     Mixture.--
       ``(1) In general.--For purposes of this section, the 
     alternative and unconventional aviation fuel mixture credit 
     is the product of 50 cents and the number of gallons of 
     alternative and unconventional aviation fuel used by the 
     taxpayer in producing any alternative and unconventional 
     aviation fuel mixture for sale or use in a trade or business 
     of the taxpayer.
       ``(2) Alternative and unconventional aviation fuel 
     mixture.--For purposes of this subsection, the term 
     `alternative and unconventional aviation fuel mixture' means 
     a mixture of alternative and unconventional aviation fuel and 
     aviation-grade kerosene which--
       ``(A) is sold by the taxpayer producing such mixture to any 
     person for use as a fuel, or
       ``(B) is used as a fuel by the taxpayer producing such 
     mixture.
       ``(3) Alternative and unconventional aviation fuel.--For 
     purposes of this subsection, the term `alternative and 
     unconventional aviation fuel' means aviation fuel that is 
     produced from unconventional resources (including coal, 
     natural gas, biomass, ethanol, butanol, and hydrogen) and is 
     determined, through peer-reviewed research conducted or 
     reviewed by a National Laboratory, or by the head of a 
     Federal agency, would produce lower lifecycle greenhouse gas 
     emissions, as compared to the lifecycle greenhouse gas 
     emissions of the displaced aviation fuel.
       ``(4) Termination.--This subsection shall not apply to any 
     sale or use for any period after December 31, 2016.''.
       (2) Conforming amendment.--Section 6426(a)(1) of the 
     Internal Revenue Code of 1986 is amended by striking ``and 
     (e)'' and inserting ``(e), and (i)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to any sale or use after the date of the 
     enactment of this Act.
       (f) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Transportation, Federal Aviation 
     Administration, Department of the Air Force, and other 
     Federal agencies should continue research, testing, 
     evaluation, and use of alternative fuels as defined in this 
     section with the goals of--
       (1) reducing emissions;
       (2) lowering the cost of aviation fuel; and
       (3) increasing the performance, reliability, and security 
     of aviation fuel production and supply.
                                 ______
                                 
  SA 4697. Mr. HATCH (for himself, Mr. Bennett, Mr. Craig, Mr. Crapo, 
and Mr. Barrasso) submitted, under authority of the order of the Senate 
of May 2, 2008, an amendment intended to be proprosed by him to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRESERVATION AND EXPANSION OF ACCESS TO RONALD 
                   REAGAN WASHINGTON NATIONAL AIRPORT FOR SMALL 
                   COMMUNITIES.

       (a) In General.--Section 41718 is amended by adding at the 
     end the following:
       ``(g) Use of Airport Slots for Beyond Perimeter Flights.--
       ``(1) In general.--Notwithstanding section 49109 or any 
     other provision of law, and subject to the approval of the 
     Secretary under paragraph (2), an air carrier that holds or 
     operates air carrier slots at Ronald Reagan Washington 
     National Airport as of the date of the enactment of this 
     subsection, pursuant to subparts K and S of part 93 of title 
     14, Code of Federal Regulations, that are being used as of 
     that date for scheduled service between that Airport and a 
     large hub airport (as defined in section 40102(a)(29)), may 
     use not more than 2 of such slots for service between Ronald 
     Reagan Washington National Airport and any large hub airport 
     located outside of the perimeter restriction described in 
     section 49109.
       ``(2) Approval by secretary.--The Secretary shall approve 
     the use of air carrier slots described in paragraph (1) if--
       ``(A) the use of such air carrier slots results in the 
     provision of air transportation from Ronald Reagan Washington 
     National Airport to small communities outside the perimeter 
     restriction through the large hub airport with respect to 
     which the air carrier slots are used; and
       ``(B) the Secretary determines that approving such use will 
     not result in the reduction of nonstop air transportation 
     between Ronald Reagan Washington National Airport and small 
     or medium hub airports inside the perimeter restriction.''.
       (b) Audits of Slot Exchanges.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of Transportation shall conduct an 
     audit of the use of air carrier slots at Ronald Reagan 
     Washington National Airport for air transportation between 
     that Airport and airports located outside of the perimeter 
     restriction described in section 49109 of title 49, United 
     States Code, authorized pursuant to the amendment made by 
     subsection (a), to determine if small communities outside of 
     the perimeter restriction are benefitting from the use of 
     such air carrier slots.
                                 ______
                                 
  SA 4698. Mr. BAUCUS (for himself and Mr. Grassley) submitted, under 
authority of the order of the Senate of May 2, 2008, an amendment 
intended to

[[Page S3818]]

be proposed to amendment SA 4627 proposed by Mr. Rockefeller to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VIII, insert the 
     following:

     SEC. __. REQUIRED FUNDING OF NEW ACCRUALS UNDER AIR CARRIER 
                   PENSION PLANS.

       (a) In General.--Section 402(a) of the Pension Protection 
     Act of 2006, as amended by section 6615(a) of the U. S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28), 
     is amended--
       (1) in paragraph (2)--
       (A) by striking ``to its first taxable year beginning in 
     2008'',
       (B) by striking ``for such taxable year'' and inserting 
     ``for its first plan year beginning in 2008'', and
       (C) by striking ``and by using, in determining the funding 
     target for each of the 10 plan years during such period, an 
     interest rate of 8.25 percent (rather than the segment rates 
     calculated on the basis of the corporate bond yield curve)'', 
     and
       (2) by adding at the end the following new flush matter:

     ``If the plan sponsor of an eligible plan elects the 
     application of paragraph (2), the plan sponsor may also 
     elect, in determining the funding target for each of the 10 
     plan years during the period described in paragraph (2), to 
     use an interest rate of 8.25 percent (rather than the segment 
     rates calculated on the basis of the corporate bond yield 
     curve). Notwithstanding the preceding sentence, in the case 
     of any plan year of the eligible plan for which such 8.25 
     percent interest rate is used, the minimum required 
     contribution under section 303 of such Act and section 430 of 
     such Code shall in no event be less than the target normal 
     cost of the plan for such plan year (as determined under 
     section 303(b) of such Act and section 430(b) of such Code). 
     A plan sponsor may revoke the election to use the 8.25 
     percent interest rate and if the revocation is made, the 
     revocation shall apply to the plan year for which made and 
     all subsequent plan years and the plan sponsor may not elect 
     to use the 8.25 percent interest rate for any subsequent plan 
     year.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Pension Protection Act of 2006 to which such amendments 
     relate.
                                 ______
                                 
  SA 4699. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
Webb) submitted, under authority of the order of the Senate of May 2, 
2008, an amendment intended to be proposed by him to 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; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. __. NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 
                   2007.

       (a) Short Title; Findings.--
       (1) Short title.--This section may be cited as the 
     ``National Capital Transportation Amendments Act of 2007''.
       (2) Findings.--Congress finds as follows:
       (A) Metro, the public transit system of the Washington 
     metropolitan area, is essential for the continued and 
     effective performance of the functions of the Federal 
     Government, and for the orderly movement of people during 
     major events and times of regional or national emergency.
       (B) On 3 occasions, Congress has authorized appropriations 
     for the construction and capital improvement needs of the 
     Metrorail system.
       (C) Additional funding is required to protect these 
     previous Federal investments and ensure the continued 
     functionality and viability of the original 103-mile 
     Metrorail system.
       (b) Federal Contribution for Capital Projects for 
     Washington Metropolitan Area Transit System.--The National 
     Capital Transportation Act of 1969 (sec. 9-1111.01 et seq., 
     D.C. Official Code) is amended by adding at the end the 
     following:


  ``authorization of additional federal contribution for capital and 
                    preventive maintenance projects

       ``Sec. 18.  (a) Authorization.--Subject to the succeeding 
     provisions of this section, the Secretary of Transportation 
     is authorized to make grants to the Transit Authority, in 
     addition to the contributions authorized under sections 3, 
     14, and 17, for the purpose of financing in part the capital 
     and preventive maintenance projects included in the Capital 
     Improvement Program approved by the Board of Directors of the 
     Transit Authority.
       ``(b) Use of Funds.--The Federal grants made pursuant to 
     the authorization under this section shall be subject to the 
     following limitations and conditions:
       ``(1) The work for which such Federal grants are authorized 
     shall be subject to the provisions of the Compact (consistent 
     with the amendments to the Compact described in subsection 
     (d)).
       ``(2) Each such Federal grant shall be for 50 percent of 
     the net project cost of the project involved, and shall be 
     provided in cash from sources other than Federal funds or 
     revenues from the operation of public mass transportation 
     systems. Consistent with the terms of the amendment to the 
     Compact described in subsection (d)(1), any funds so provided 
     shall be solely from undistributed cash surpluses, 
     replacement or depreciation funds or reserves available in 
     cash, or new capital.
       ``(c) Applicability of Requirements For Mass Transportation 
     Capital Projects Receiving Funds Under Federal Transportation 
     Law.--Except as specifically provided in this section, the 
     use of any amounts appropriated pursuant to the authorization 
     under this section shall be subject to the requirements 
     applicable to capital projects for which funds are provided 
     under chapter 53 of title 49, United States Code, except to 
     the extent that the Secretary of Transportation determines 
     that the requirements are inconsistent with the purposes of 
     this section.
       ``(d) Amendments to Compact.--No amounts may be provided to 
     the Transit Authority pursuant to the authorization under 
     this section until the Transit Authority notifies the 
     Secretary of Transportation that each of the following 
     amendments to the Compact (and any further amendments which 
     may be required to implement such amendments) have taken 
     effect:
       ``(1)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       ``(B) For purposes of this paragraph, the term `dedicated 
     funding source' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this Act for 
     payments to the Transit Authority.
       ``(2) An amendment establishing the Office of the Inspector 
     General of the Transit Authority in accordance with section 3 
     of the National Capital Transportation Amendments Act of 
     2007.
       ``(3) An amendment expanding the Board of Directors of the 
     Transit Authority to include 4 additional Directors appointed 
     by the Administrator of General Services, of whom 2 shall be 
     nonvoting and 2 shall be voting, and requiring one of the 
     voting members so appointed to be a regular passenger and 
     customer of the bus or rail service of the Transit Authority.
       ``(e) Amount.--There are authorized to be appropriated to 
     the Secretary of Transportation for grants under this section 
     an aggregate amount not to exceed $1,500,000,000 to be 
     available in increments over 10 fiscal years beginning in 
     fiscal year 2009, or until expended.
       ``(f) Availability.--Amounts appropriated pursuant to the 
     authorization under this section--
       ``(1) shall remain available until expended; and
       ``(2) shall be in addition to, and not in lieu of, amounts 
     available to the Transit Authority under chapter 53 of title 
     49, United States Code, or any other provision of law.
       ``(g) Access to Wireless Services in Metrorail System.--
       ``(1) Requiring transit authority to provide access to 
     service.--No amounts may be provided to the Transit Authority 
     pursuant to the authorization under this section unless the 
     Transit Authority ensures that customers of the rail service 
     of the Transit Authority have access within the rail system 
     to services provided by any licensed wireless provider that 
     notifies the Transit Authority (in accordance with such 
     procedures as the Transit Authority may adopt) of its intent 
     to offer service to the public, in accordance with the 
     following timetable:
       ``(A) Not later than 1 year after the date of the enactment 
     of the National Capital Transportation Amendments Act of 
     2007, in the 20 underground rail station platforms with the 
     highest volume of passenger traffic.
       ``(B) Not later than 4 years after such date, throughout 
     the rail system.
       ``(2) Access of wireless providers to system for upgrades 
     and maintenance.--No amounts may be provided to the Transit 
     Authority pursuant to the authorization under this section 
     unless the Transit Authority ensures that each licensed 
     wireless provider who provides service to the public within 
     the rail system pursuant to paragraph (1) has access to the 
     system on an ongoing basis (subject to such restrictions as 
     the Transit Authority may impose to ensure that such access 
     will not unduly impact rail operations or threaten the safety 
     of customers or employees of the rail system) to carry out 
     emergency repairs, routine maintenance, and upgrades to the 
     service.
       ``(3) Permitting reasonable and customary charges.--Nothing 
     in this subsection may be construed to prohibit the Transit 
     Authority from requiring a licensed wireless provider to pay 
     reasonable and customary charges for access granted under 
     this subsection.
       ``(4) Reports.--Not later than 1 year after the date of the 
     enactment of the National Capital Transportation Amendments 
     Act of

[[Page S3819]]

     2007, and each of the 3 years thereafter, the Transit 
     Authority shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on the implementation of this 
     subsection.
       ``(5) Definition.--In this subsection, the term `licensed 
     wireless provider' means any provider of wireless services 
     who is operating pursuant to a Federal license to offer such 
     services to the public for profit.''.
       (c) Washington Metropolitan Area Transit Authority 
     Inspector General.--
       (1) Establishment of office.--
       (A) In general.--The Washington Metropolitan Area Transit 
     Authority (referred to in this subsection as the ``Transit 
     Authority'') shall establish in the Transit Authority the 
     Office of the Inspector General (referred to in this 
     subsection as the ``Office''), headed by the Inspector 
     General of the Transit Authority (referred to in this 
     subsection as the ``Inspector General'').
       (B) Definition.--In subparagraph (A), the ``Washington 
     Metropolitan Area Transit Authority'' means the Authority 
     established under Article III of the Washington Metropolitan 
     Area Transit Authority Compact (Public Law 89-774).
       (2) Inspector general.--
       (A) Appointment.--The Inspector General shall be appointed 
     by the vote of a majority of the Board of Directors of the 
     Transit Authority, and shall be appointed without regard to 
     political affiliation and solely on the basis of integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations, as well as familiarity or experience with the 
     operation of transit systems.
       (B) Term of service.--The Inspector General shall serve for 
     a term of 5 years, and an individual serving as Inspector 
     General may be reappointed for not more than 2 additional 
     terms.
       (C) Removal.--The Inspector General may be removed from 
     office prior to the expiration of his term only by the 
     unanimous vote of all of the members of the Board of 
     Directors of the Transit Authority, and the Board shall 
     communicate the reasons for any such removal to the Governor 
     of Maryland, the Governor of Virginia, the Mayor of the 
     District of Columbia, the chair of the Committee on 
     Government Reform of the House of Representatives, and the 
     chair of the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (3) Duties.--
       (A) Applicability of duties of inspector general of 
     executive branch establishment.--The Inspector General shall 
     carry out the same duties and responsibilities with respect 
     to the Transit Authority as an Inspector General of an 
     establishment carries out with respect to an establishment 
     under section 4 of the Inspector General Act of 1978 (5 
     U.S.C. App. 4), under the same terms and conditions which 
     apply under such section.
       (B) Conducting annual audit of financial statements.--The 
     Inspector General shall be responsible for conducting the 
     annual audit of the financial accounts of the Transit 
     Authority, either directly or by contract with an independent 
     external auditor selected by the Inspector General.
       (C) Reports.--
       (i) Semiannual reports to transit authority.--The Inspector 
     General shall prepare and submit semiannual reports 
     summarizing the activities of the Office in the same manner, 
     and in accordance with the same deadlines, terms, and 
     conditions, as an Inspector General of an establishment under 
     section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 
     5). For purposes of applying section 5 of such Act to the 
     Inspector General, the Board of Directors of the Transit 
     Authority shall be considered the head of the establishment, 
     except that the Inspector General shall transmit to the 
     General Manager of the Transit Authority a copy of any report 
     submitted to the Board pursuant to this paragraph.
       (ii) Annual reports to local signatory governments and 
     congress.--Not later than January 15 of each year, the 
     Inspector General shall prepare and submit a report 
     summarizing the activities of the Office during the previous 
     year, and shall submit such reports to the Governor of 
     Maryland, the Governor of Virginia, the Mayor of the District 
     of Columbia, the chair of the Committee on Government Reform 
     of the House of Representatives, and the chair of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate.
       (D) Investigations of complaints of employees and 
     members.--
       (i) Authority.--The Inspector General may receive and 
     investigate complaints or information from an employee or 
     member of the Transit Authority concerning the possible 
     existence of an activity constituting a violation of law, 
     rules, or regulations, or mismanagement, gross waste of 
     funds, abuse of authority, or a substantial and specific 
     danger to the public health and safety.
       (ii) Nondisclosure.--The Inspector General shall not, after 
     receipt of a complaint or information from an employee or 
     member, disclose the identity of the employee or member 
     without the consent of the employee or member, unless the 
     Inspector General determines such disclosure is unavoidable 
     during the course of the investigation.
       (iii) Prohibiting retaliation.--An employee or member of 
     the Transit Authority who has authority to take, direct 
     others to take, recommend, or approve any personnel action, 
     shall not, with respect to such authority, take or threaten 
     to take any action against any employee or member as a 
     reprisal for making a complaint or disclosing information to 
     the Inspector General, unless the complaint was made or the 
     information disclosed with the knowledge that it was false or 
     with willful disregard for its truth or falsity.
       (E) Independence in carrying out duties.--Neither the Board 
     of Directors of the Transit Authority, the General Manager of 
     the Transit Authority, nor any other member or employee of 
     the Transit Authority may prevent or prohibit the Inspector 
     General from carrying out any of the duties or 
     responsibilities assigned to the Inspector General under this 
     subsection.
       (4) Powers.--
       (A) In general.--The Inspector General may exercise the 
     same authorities with respect to the Transit Authority as an 
     Inspector General of an establishment may exercise with 
     respect to an establishment under section 6(a) of the 
     Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other 
     than paragraphs (7), (8), and (9) of such section.
       (B) Staff.--
       (i) Assistant inspector generals and other staff.--The 
     Inspector General shall appoint and fix the pay of--

       (I) an Assistant Inspector General for Audits, who shall be 
     responsible for coordinating the activities of the Inspector 
     General relating to audits;
       (II) an Assistant Inspector General for Investigations, who 
     shall be responsible for coordinating the activities of the 
     Inspector General relating to investigations; and
       (III) such other personnel as the Inspector General 
     considers appropriate.

       (ii) Independence in appointing staff.--No individual may 
     carry out any of the duties or responsibilities of the Office 
     unless the individual is appointed by the Inspector General, 
     or provides services procured by the Inspector General, 
     pursuant to this subparagraph. Nothing in this clause may be 
     construed to prohibit the Inspector General from entering 
     into a contract or other arrangement for the provision of 
     services under this subsection.
       (iii) Applicability of transit system personnel rules.--
     None of the regulations governing the appointment and pay of 
     employees of the Transit System shall apply with respect to 
     the appointment and compensation of the personnel of the 
     Office, except to the extent agreed to by the Inspector 
     General. Nothing in the previous sentence may be construed to 
     affect clauses (i) and (ii).
       (C) Equipment and supplies.--The General Manager of the 
     Transit Authority shall provide the Office with appropriate 
     and adequate office space, together with such equipment, 
     supplies, and communications facilities and services as may 
     be necessary for the operation of the Office, and shall 
     provide necessary maintenance services for such office space 
     and the equipment and facilities located therein.
       (5) Transfer of functions.--To the extent that any office 
     or entity in the Transit Authority prior to the appointment 
     of the first Inspector General under this subsection carried 
     out any of the duties and responsibilities assigned to the 
     Inspector General under this subsection, the functions of 
     such office or entity shall be transferred to the Office upon 
     the appointment of the first Inspector General under this 
     subsection.
       (d) Study and Report by Comptroller General.--
       (1) Study.--The Comptroller General shall conduct a study 
     on the use of the funds provided under section 18 of the 
     National Capital Transportation Act of 1969 (as added by this 
     section).
       (2) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the study conducted 
     under paragraph (1).

                          ____________________