[Congressional Record (Bound Edition), Volume 154 (2008), Part 6]
[Senate]
[Pages 7638-7643]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4635. Mr. KYL submitted 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 131, between lines 12 and 13, insert the following:

     SEC. 520. STUDY OF EFFECT OF PROPOSED STRUCTURES NEAR 
                   AIRPORTS ON ONE ENGINE INOPERATIVE PROCEDURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on the effect of 
     buildings and other structures that are proposed to be built 
     near airports on emergency procedures relating to aircraft 
     that have one engine inoperative to determine if such 
     buildings and structures are likely to--
       (1) obstruct the flight of aircraft operating under one 
     engine inoperative procedures; or
       (2) result in delays in the movement of passengers through 
     airports.
       (b) Report.--
       (1) In general.--If the Administrator determines that 
     buildings and other structures proposed to be built near 
     airports are likely to cause an obstruction described in 
     subsection (a)(1) or result in delays described in subsection 
     (a)(2), the Administrator shall, not later than 180 days 
     after the date of the enactment of this Act, submit to 
     Congress a report on the results of the study required under 
     subsection (a).
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an assessment of the extent of any obstructions 
     described in subsection (a)(1) and any delays described in 
     subsection (a)(2);
       (B) recommendations for addressing such obstructions and 
     delays; and
       (C) recommendations regarding whether the obstacle 
     evaluation process for proposed development near airports 
     should be revised to take into account the effect of 
     development on emergency procedures relating to aircraft that 
     have one engine inoperative.
                                 ______
                                 
  SA 4636. Mr. REID proposed an amendment to the bill H.R. 2881, to

[[Page 7639]]

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; as follows:

       The provision of this act shall become effective 2 days 
     after enactment.
                                 ______
                                 
  SA 4637. Mr. REID proposed an amendment to amendment SA 4636 proposed 
by Mr. REID 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; as follows:

       In the amendment, strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 4638. Ms. CANTWELL submitted 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 68, strike line 23 and all that follows 
     through page 69, line 2, and insert the following:
       ``(5)(A) There is established the position of Senior Vice 
     President for the Next Generation Air Transportation System 
     in the Air Traffic Organization of the Federal Aviation 
     Administration, who shall be appointed by the Administrator 
     of the Federal Aviation Administration and report to the 
     Chief Operating Officer of the Federal Aviation 
     Administration.
       ``(B) The Senior Vice President for the Next Generation Air 
     Transportation System shall--
       ``(i) be the head of the Office; and
       ``(ii) be a voting member of the Federal Aviation 
     Administration's Joint Resources Council and the Air Traffic 
     Organization's Executive Council.'';
                                 ______
                                 
  SA 4639. Mr. LAUTENBERG submitted 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 32, line 22, strike ``and''.
       On page 32, line 25, strike the period and insert ``; 
     and''.
       On page 32, after line 25, insert the following:
       (4) by adding at the end thereof the following:
       ``(3) A contract involving labor for carrying out an 
     airport development project under a grant agreement under 
     this subchapter must require that a preference be given to 
     the use of small business concerns (as defined in section 3 
     of the Small Business Act (15 U.S.C. 1632)) owned and 
     controlled by disabled veterans.''.
                                 ______
                                 
  SA 4640. Mr. LAUTENBERG submitted 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 BY ADMINISTRATOR OF AVIATION SECTOR 
                   GREENHOUSE GAS EMISSIONS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall enter into an agreement with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study on greenhouse gas emissions associated with 
     the aviation industry, including--
       (1) a determination of appropriate data necessary to make 
     determinations of emission inventories, considering fuel use, 
     airport operations, ground equipment, and all other sources 
     of emissions in the aviation industry;
       (2) an estimate of projected industry emissions for the 
     following 5-year, 20-year, and 50-year periods;
       (3) based on existing literature, research and surveys to 
     determine the existing best practices for emission reduction 
     in the aviation sector;
       (4) recommendations on areas of focus for additional 
     research for technologies and operations with the highest 
     potential to reduce emissions; and
       (5) recommendations of actions that the Federal Government 
     could take to encourage or require additional emissions 
     reductions.
       (b) Consultation.--In developing the parameters of the 
     study under this section, the Administrator shall conduct the 
     study under this section in consultation with--
       (1) the Secretary of Transportation, acting through the 
     Administrator of the Federal Aviation Administration; and
       (2) other appropriate Federal agencies and departments.
                                 ______
                                 
  SA 4641. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Baucus, Mr. 
Cochran, Mr. Cardin, Mr. Casey, Mrs. Clinton, Ms. Collins, Mr. Conrad, 
Mr. Enzi, Mr. Hagel, Mr. Harkin, Mr. Leahy, Mr. Levin, Mr. Nelson of 
Nebraska, Mr. Salazar, Mr. Schumer, Ms. Stabenow, Mr. Wicker, Mr. 
Johnson, Mr. Specter, and Mr. Brownback) submitted 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 14 and 15, insert the following:

     SEC. 417. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

       (a) In General.--Subchapter II of chapter 417 of title 49, 
     United States Code, is amended by striking section 41747.
       (b) Applicability .--Title 49, United States Code, shall be 
     applied as if section 41747 of such title had not been 
     enacted.
       (c) Clerical Amendment.--The chapter analysis for chapter 
     417 of title 49, United States Code, is amended by striking 
     the item relating to section 41747.
                                 ______
                                 
  SA 4642. Mr. ROCKEFELLER proposed an amendment to amendment SA 4637 
proposed by Mr. Reid to the amendment SA 4636 proposed by Mr. Reid 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; as follows:

       In the amendment, strike ``1'' and insert ``3.''
                                 ______
                                 
  SA 4643. Mrs. FEINSTEIN submitted 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:

     SEC. __. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING 
                   MOBILE COMMUNICATIONS DEVICES ON SCHEDULED 
                   FLIGHTS.

       (a) In General.--Subchapter I of chapter 417, as amended by 
     section 714 of this Act, is further amended by adding at the 
     end the following:

     ``Sec. 41725. Prohibitions against voice communications using 
       mobile communications devices on scheduled flights

       ``(a) Interstate and Intrastate Air Transportation.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual may not engage in voice communications using a 
     mobile communications device in an aircraft during a flight 
     in scheduled passenger interstate air transportation or 
     scheduled passenger intrastate air transportation.
       ``(2) Flight crew and flight attendants.--The prohibition 
     described in paragraph (1) shall not apply to a member of the 
     flight crew or flight attendants on an aircraft.
       ``(b) Foreign Air Transportation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary of Transportation shall require all air carriers 
     and foreign air carriers to adopt the prohibition described 
     in subsection (a) with respect to the operation of an 
     aircraft in scheduled passenger foreign air transportation.
       ``(2) Alternate prohibition.--If a foreign government 
     objects to the application of paragraph (1) on the basis that 
     such paragraph provides for an extraterritorial application 
     of the laws of the United States, the

[[Page 7640]]

     Secretary shall waive the application of paragraph (1) to a 
     foreign air carrier licensed by that foreign government at 
     such time as an alternative prohibition on voice 
     communications using a mobile communications device during 
     flight is negotiated by the Secretary with such foreign 
     government through bilateral negotiations.
       ``(c) Definitions.--In this section:
       ``(1) Flight.--The term `flight' means the period beginning 
     when an aircraft takes off and ending when an aircraft lands.
       ``(2) Voice communications using a mobile communications 
     device.--The term `voice communications using a mobile 
     communications device'--
       ``(A) includes voice communications using--
       ``(i) a commercial mobile radio service or other wireless 
     communications device;
       ``(ii) a broadband wireless device or other wireless device 
     that transmits data packets using the Internet Protocol or 
     comparable technical standard; or
       ``(iii) a device having voice override capability; and
       ``(B) does not include voice communications using a phone 
     installed on an aircraft.
       ``(d) Safety Regulations.--This section may not be 
     construed to affect the authority of the Secretary to impose 
     limitations on voice communications using a mobile 
     communications device for safety reasons.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section.''.
       (b) Clerical Amendment.--The analysis for subchapter I of 
     chapter 417, as amended by section 714, is further amended by 
     adding at the end the following:

``Sec. 41725. Prohibitions against voice communications using mobile 
              communications devices on scheduled flights.''.
                                 ______
                                 
  SA 4644. Mr. VOINOVICH submitted 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. __. LOST NATION AIRPORT, OHIO.

       (a) Approval of Sale.--The Secretary of Transportation may 
     approve the sale of Lost Nation Airport from the City of 
     Willoughby, Ohio to Lake County, Ohio, if Lake County--
       (1) meets all applicable requirements for sponsorship of 
     the airport;
       (2) agrees to assume the obligations and assurances of the 
     grant agreements relating to the airport executed by the City 
     of Willoughby under chapter 471 of title 49, United States 
     Code; and
       (3) agrees to operate and maintain the airport in 
     accordance with such obligations and assurances.
       (b) Grants.--
       (1) In general.--The Secretary may use funds made available 
     under section 48103 of title 49, United States Code, to award 
     a grant to Lake County, Ohio to assist in the purchase of the 
     Lost Nation Airport under subsection (a).
       (2) Federal share.--The Federal share of the grant under 
     this subsection shall be equal to the lesser of--
       (A) 90 percent of the purchase price for the Lost Nation 
     Airport; and
       (B) $1,220,000.
       (3) Approval.--The Secretary may not award a grant under 
     this subsection unless the Secretary receives written 
     assurances required under section 47107 of title 49, United 
     States Code, with respect to such grant and the Lost Nation 
     Airport.
       (c) Treatment of Sale Proceeds.--To the extent necessary to 
     allow the City of Willoughby to use the proceeds from the 
     sale approved under subsection (a) for any purpose authorized 
     by the City of Willoughby, the Secretary may waive--
       (1) the provisions of sections 47107 and 47133 of title 49, 
     United States Code;
       (2) any obligations to which the City of Willoughby is 
     subject as a result of a grant received from the Federal 
     Aviation Administration; and
       (3) any regulation or policy of the Federal Aviation 
     Administration.
                                 ______
                                 
  SA 4645. Mr. ENSIGN submitted 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 99, line 12 strike everything after ``5 
     operations.'' through line 19.
                                 ______
                                 
  SA 4646. Mr. BROWNBACK submitted 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. __. COMMISSION ON THE FUTURE OF THE UNITED STATES 
                   COMMERCIAL AND GENERAL AVIATION INDUSTRY.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on the Future of the United States 
     Commercial and General Aviation Industry''.
       (b) Membership.--
       (1) Appointment.--The Commission shall be comprised of 12 
     members, appointed not later than October 1, 2008, of whom--
       (A) up to 6 shall be appointed by the President;
       (B) 2 shall be appointed by the Speaker of the House of 
     Representatives;
       (C) 2 shall be appointed by the majority leader of the 
     Senate;
       (D) 1 shall be appointed by the minority leader of the 
     Senate; and
       (E) 1 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Qualifications.--The members of the Commission shall be 
     appointed primarily from among persons with extensive private 
     sector experience in commercial aviation manufacturing and 
     persons with extensive private sector experience in general 
     aviation manufacturing, and from among persons with extensive 
     experience in economics, international trade, immigration 
     policy, or labor policy as it relates to the Industry.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (4) Chairman.--The President shall designate 1 member of 
     the Commission to serve as the Chairman of the Commission.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chairman. A majority of the members shall constitute a 
     quorum, but fewer members may hold hearings.
       (c) Duties.--
       (1) In general.--The Commission shall--
       (A) study the issues associated with the future of the 
     Industry in the global economy, particularly with respect to 
     the Industry's international competitiveness; and
       (B) assess the future importance of the Industry for the 
     economic growth and export potential of the United States.
       (2) Topics of study.--In order to fulfill its 
     responsibilities, the Commission shall study--
       (A) current-, short-, and long-term trends in the global 
     commercial aviation industry, including an assessment of--
       (i) the effect of existing and recent foreign-based 
     entrants into the commercial aviation market on the Industry; 
     and
       (ii) ways in which foreign governments provide incentives 
     or engage in unfair trade practices to the detriment of the 
     Industry;
       (B) current-, short-, and long-term trends in the general 
     aviation industry, including an assessment of--
       (i) the effect on the Industry of existing and recent 
     foreign-based entrants into the general aviation market;
       (ii) the effect of general aviation on the economy of the 
     United States;
       (iii) the effect of general aviation on domestic job 
     creation; and
       (iv) ways in which general aviation contributes to the 
     global economic competitiveness and balance of trade of the 
     United States;
       (C) the effect on the Industry of increasing costs for 
     fossil fuel resources and the applicability of alternative 
     fuels to replace fossil fuels;
       (D) the Federal budget process, including an assessment 
     of--
       (i) the adequacy of projected budgets of Federal 
     departments and agencies for aerospace research and 
     development;
       (ii) the adequacy of the level of communication and 
     coordination between Federal departments and agencies as 
     regards aerospace research and development; and
       (iii) the adequacy of current levels of communication and 
     consultation between Federal departments and agencies and 
     industry stakeholders when developing aviation budgets and 
     industry analysis;
       (E) the tax laws, regulatory policies, and acquisition 
     process of the Federal Government, including an assessment of 
     their effect on maintaining a growing manufacturing base for 
     all sectors of the Industry;
       (F) laws governing international trade and exports, 
     including an assessment of the adequacy of United States and 
     multilateral trade laws and policies for maintaining the 
     international competitiveness of the Industry;
       (G) laws governing the immigration of skilled aerospace 
     workers, including an assessment of the impact of current 
     immigration laws on the short-term viability of the aerospace 
     technology workforce; and
       (H) the adequacy of--

[[Page 7641]]

       (i) Federal, State, and local programs for the support of 
     science and engineering education, including current programs 
     for supporting aerospace science and engineering efforts at 
     institutions of higher learning; and
       (ii) programs for the support of workforce development at 
     institutions of higher learning or State and local centers 
     for technical training.
       (d) Report.--
       (1) Submission.--Not later than September 30, 2009, the 
     Commission shall submit a report describing its activities to 
     the President and Congress.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the Commission's findings and conclusions;
       (B) the Commission's recommendations for actions by Federal 
     departments and agencies and State and local governments to 
     support the maintenance of a robust commercial and general 
     aviation industry in the United States, including any 
     recommendations for legislative or regulatory changes to 
     support the implementation of the Commission's findings; and
       (C) a discussion of the appropriate means for implementing 
     the Commission's recommendations.
       (e) Powers of the Commission.--
       (1) Administrative requirements.--The Director of the 
     Office of Management and Budget shall provide the Commission 
     with sufficient funding to procure such administrative 
     services, facilities, staff, and other support services as 
     may be necessary to carry out the purposes of this section.
       (2) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the purposes of this section.
       (3) Information from federal agencies.--The Commission may 
     request directly from any Federal department or agency any 
     information that the Commission considers necessary to carry 
     out the provisions of this section. The head of a department 
     or agency receiving a request for information under this 
     paragraph shall furnish such information to the Commission in 
     accordance with applicable law.
       (4) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other Federal departments and agencies.
       (f) Commission Personnel Matters.--
       (1) Compensation of members.--Members of the Commission 
     shall serve without additional compensation for their service 
     on the Commission, except that each member who is not an 
     officer or employee of the Federal Government may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     as authorized by law for persons serving intermittently in 
     Government service under subchapter I of chapter 57 of title 
     5, United States Code, while away from their homes and places 
     of business in the performance of services for the 
     Commission.
       (2) Staff.--The chairman of the Commission may appoint 
     staff of the Commission, request the detail of Federal 
     employees, and accept temporary and intermittent services in 
     accordance with section 3161 of title 5, United States Code.
       (g) Termination.--The Commission shall terminate 30 days 
     after the date of the submission of its report under 
     subsection (d).
       (h) Definitions.--
       (1) In this section:
       (A) Commission.--The term ``Commission'' means the 
     Commission on the Future of the United States Commercial and 
     General Aviation Industry.
       (B) Industry.--The term ``Industry'' means the commercial 
     and general aviation industry in the United States.
                                 ______
                                 
  SA 4647. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 4590 submitted by Mrs. McCaskill (for herself, Mr. 
Specter, Mr. Obama, and Mrs. Clinton) and intended to be proposed 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 4 of the matter proposed to be inserted, 
     strike line 1 and all that follows through page 9, line 2, 
     and insert the following:
       ``(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 of a part 121 air 
     carrier to be performed by maintenance personnel employed 
     by--
       ``(1) a part 145 repair station;
       ``(2) a part 121 air carrier;
       ``(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; or
       ``(4) a holder of a production certificate under part 21 of 
     title 14, Code of Federal Regulations, if such personnel are 
     subcontracted by a part 145 repair station.
       ``(c) Certification of Inspection of Foreign Repair 
     Stations.--
       ``(1) In general.--Not later than 2 years after the date of 
     the enactment of this section, annually thereafter, and 
     except as provided in paragraph (2), the Administrator shall 
     certify to Congress that--
       ``(A) each foreign repair station certified by the 
     Administrator 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
       ``(B) 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.
       ``(2) Exception.--The requirements of paragraph (1) shall 
     not apply with respect to foreign repair stations located in 
     countries with which the United States has entered into a bi-
     lateral maintenance agreement.
       ``(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 amend the 
     certification requirements under part 145 of title 14, Code 
     of Federal Regulations, to require alcohol and controlled 
     substance testing in accordance with section 45102 of this 
     title for any individual employed by a foreign repair station 
     who performs a safety-sensitive function on a United States 
     commercial aircraft of a part 121 air carrier.''.
       (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--
       (i) to require each part 121 air carrier to identify and 
     submit to the Administrator a complete list of all 
     noncertified maintenance providers that perform covered 
     maintenance work on United States commercial aircraft 
     operated 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.''.

       (c) Repair Station Security Requirements.--Section 44924 is 
     amended by striking subsections (a) through (g) and inserting 
     the following:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the Administrator shall 
     require each part 145 repair station, as a condition of 
     certification or recertification under part 145 of title 14, 
     Code of Federal Regulations, to implement security 
     requirements--
       ``(1) to ensure that the facilities of such repair station 
     are safe and secure; and
       ``(2) that include the requirements described in subsection 
     (b).
       ``(b) Security Requirements.--The security requirements 
     described in this subsection are requirements of a part 145 
     repair station to implement the following:
       ``(1) Methods for controlling access to secure areas.
       ``(2) Methods to insure that an individual is immediately 
     denied entry to secured areas when that person's access 
     authority for that area is withdrawn.
       ``(3) Methods to ensure that visitors are escorted while on 
     facility premises.

[[Page 7642]]

       ``(4) A program to subject each individual applicant for 
     employment with the repair station to employment history 
     verification.
       ``(5) A program to ensure the security of protected 
     materials.
       ``(c) Compliance of Repair Stations With Security 
     Requirements.--
       ``(1) Prohibition on certification of repair stations that 
     do not comply with security requirements.--The Administrator 
     may not certify or recertify a repair station under part 145 
     of title 14, Code of Federal Regulations (or any successor 
     regulation), unless--
       ``(A) such repair station is in compliance with the 
     security requirements required by subsection (a); and
       ``(B) such repair station certifies to the Under Secretary 
     for Border and Transportation Security annually that such 
     repair station is in compliance with such security 
     requirements.
       ``(2) Notification to air carriers of noncompliance by 
     repair stations.--If the Under Secretary for Border and 
     Transportation Security of the Department of Homeland 
     Security is aware that a part 145 repair station is not in 
     compliance with a security requirement required by subsection 
     (a) or that a security issue or vulnerability has been 
     identified with respect to such repair station, the Under 
     Secretary shall provide notice to each part 121 air carrier 
     of such noncompliance or security issue or vulnerability.
       ``(d) Definitions.--In this section:
       ``(1) 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).
       ``(2) Part 145 repair station.--The term `part 145 repair 
     station' means a foreign or domestic repair station that 
     holds a certificate under part 145 of title 14, Code of 
     Federal Regulations (or any successor regulation).''.
                                 ______
                                 
  SA 4648. Mr. VITTER (for himself, Mr. Craig, Mr. Specter, Mr. Thune, 
and Mr. Inhofe) submitted 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, add the following:

     SEC. 7___. OIL AND NATURAL GAS LEASING IN NEW PRODUCING 
                   AREAS.

       (a) Definitions.--In this section:
       (1) Eligible producing state.--The term ``eligible 
     producing State'' means--
       (A) a new producing State; and
       (B) any other producing State that has, within the offshore 
     administrative boundaries beyond the submerged land of a 
     State, areas available for oil leasing, natural gas leasing, 
     or both.
       (2) New producing area.--The term ``new producing area'' 
     means an area that is--
       (A) within the offshore administrative boundaries beyond 
     the submerged land of a State; and
       (B) not available for oil or natural gas leasing as of the 
     date of enactment of this Act.
       (3) New producing state.--The term ``new producing State'' 
     means a State with respect to which a petition has been 
     approved by the Secretary under subsection (b).
       (4) Qualified revenues.--The term ``qualified revenues'' 
     means all rentals, royalties, bonus bids, and other sums due 
     and payable to the United States from leases entered into on 
     or after the date of enactment of this Act for new producing 
     areas.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Petition for Leasing New Producing Areas.--
       (1) In general.--Notwithstanding any other provision of 
     law, during any period in which the West Texas Intermediate 
     daily price of crude oil (in dollars per barrel) exceeds 190 
     percent of the annual price of crude oil (in dollars per 
     barrel) for calendar year 2006, the Governor of a State, with 
     the concurrence of the State legislature, may submit to the 
     Secretary a petition requesting that the Secretary make a new 
     producing area of the State eligible for oil leasing, gas 
     leasing, or both, as determined by the State, in accordance 
     with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
     seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.).
       (2) Natural gas leasing only.--The Governor of a State, 
     with the concurrence of the State legislature, may, in a 
     petition submitted under paragraph (1), make a request to 
     allow natural gas leasing only.
       (3) Action by secretary.--As soon as practicable after the 
     date on which the Secretary receives a petition under 
     paragraph (1), the Secretary shall approve or disapprove the 
     petition.
       (c) Disposition of Qualified Outer Continental Shelf 
     Revenues From Eligible Producing States.--Notwithstanding 
     section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1338), for each applicable fiscal year, the Secretary of the 
     Treasury shall deposit--
       (1) 50 percent of qualified revenues in the general fund of 
     the Treasury; and
       (2) 50 percent of qualified revenues in a special account 
     in the Treasury, from which the Secretary shall disburse--
       (A) 37.5 percent to eligible producing States for new 
     producing areas, to be allocated in accordance with 
     subsection (d)(1); and
       (B) 12.5 percent to provide financial assistance to States 
     in accordance with section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8).
       (d) Allocation to Eligible Producing States.--
       (1) In general.--The amount made available under subsection 
     (c)(2)(A) shall be allocated to eligible producing States in 
     amounts (based on a formula established by the Secretary by 
     regulation) that are inversely proportional to the respective 
     distances between the point on the coastline of each eligible 
     producing State that is closest to the geographic center of 
     the applicable leased tract and the geographic center of the 
     leased tract, as determined by the Secretary.
       (2) Use.--Amounts allocated to an eligible producing State 
     under subparagraph (A) shall be used to address the impacts 
     of any oil and natural gas exploration and production 
     activities under this section.
       (e) Effect.--Nothing in this section affects--
       (1) the amount of funds otherwise dedicated to the land and 
     water conservation fund established under section 2 of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     5); or
       (2) any authority that permits energy production under any 
     other provision of law.

                                 ______
                                 
  SA 4649. Mr. SCHUMER (for himself, Mrs. Clinton, Mr. Lautenberg, Mr. 
Menendez, Mrs. Murray, Ms. Cantwell, Ms. Stabenow, and Mr. Smith) 
submitted an amendment intended to be proposed to amendment SA 4582 
submitted by Mr. Schumer (for himself, Mrs. Clinton, Mr. Lautenberg, 
Mr. Menendez, Mrs. Murray, and Ms. Cantwell) and intended to be 
proposed 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 2, strike lines 5 through 7, and insert the 
     following: ``cargo (other than bulk cargo)--''.
       On page 3, line 3, strike the end quotation marks and 
     second period and insert the following:
       ``(4) Bulk cargo.--For purposes of this subsection, the 
     term `bulk cargo' shall have the meaning given such term by 
     section 53101(1) of title 46, United States Code (as in 
     effect on the date of the enactment of this subsection).''.
                                 ______
                                 
  SA 4650. Mr. COBURN submitted 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. __. SAFE AND ON TIME AIR TRAVEL.

       (a) Short Title.--This section may be cited as the ``Safe 
     and On Time Travel Act.''
       (b) Prioritizing Aviation Projects.--Any congressionally 
     directed spending item (as that term is defined in rule XLIV 
     of the Standing Rules of the Senate, as added by section 521 
     of the House Leadership in Government Act of 2007 (Public Law 
     110-81)), designated for administration by the Federal 
     Aviation Administration shall be subject to the 
     Administration's review and selection process. After the 
     Administration completes its review, the Secretary of the 
     Department of Transportation shall determine if the merits of 
     each such congressionally directed spending item outweighs 
     the merits of any backlogged projects and has resulted in 
     flight delays or poses a risk to airline safety. If the 
     Secretary determines that the congressionally directed 
     spending item does not outweigh the backlogged project, the 
     Secretary shall have the authority to reprogram funding 
     provided for any such congressionally directed spending item 
     for an identified backlogged project.
       (c) Report.--The Secretary shall submit a report to 
     Congress and make available annually on the Department's 
     website the findings of the Federal Aviation Administration 
     reviews of congressionally directed spending items. The 
     report shall identify the following:
       (1) A cost estimate and location of each backlogged project 
     that may be affecting flight delays or pose a risk to airline 
     safety.

[[Page 7643]]

       (2) A cost estimate and location of each congressionally 
     directed spending item designated for administration by the 
     Federal Aviation Administration.
       (3) The result of each of the Administration's reviews and 
     selection processes with respect to the merits of each 
     congressionally directed spending item.
       (4) A listing of any congressionally directed spending item 
     with respect to which funding was reprogrammed to reduce 
     flight delays or improve airline safety.
       (5) A detailed description of how the reprogramming of 
     funding for any congressionally directed spending item was 
     spent to reduce flight delays or improve airline safety.
                                 ______
                                 
  SA 4651. Mr. NELSON of Florida submitted 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 66, between lines 2 and 3, insert the following:
       (f) Realignment of Terminal Radar Approach Control at Palm 
     Beach International Airport.--
       (1) Prohibition.--Notwithstanding any other provision of 
     this section, the Administrator of the Federal Aviation 
     Administration may not carry out, or plan for, the 
     consolidation, deconsolidation, colocation, execution of 
     interfacility reorganization, or facility elimination of the 
     terminal radar approach control (TRACON) at Palm Beach 
     International Airport.
       (2) Replacement of terminal radar approach control at palm 
     beach international airport.--The Administrator shall ensure 
     that any air traffic control tower or facility placed into 
     operation at Palm Beach International Airport after September 
     30, 2007, to replace an air traffic control tower or facility 
     placed into operation before September 30, 2007, includes an 
     operating terminal radar approach control.
                                 ______
                                 
  SA 4652. Mr. NELSON of Florida submitted 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 65, strike line 24 and all that follows 
     through page 66, line 2, and insert the following:
       (4) Until the Board's recommendations are completed, the 
     Administrator may not--
       (A) consolidate any additional approach control facilities 
     into--
       (i) the Southern California TRACON; or
       (ii) the Memphis TRACON; or
       (B) de-consolidate, relocate, colocate, reorganize, 
     combine, de-combine, split, or otherwise realign--
       (i) the Miami International Airport TRACON and Tower;
       (ii) the Orlando International Airport TRACON and Tower; or
       (iii) the Palm Beach International Airport TRACON and 
     Tower.
                                 ______
                                 
  SA 4653. Ms. CANTWELL (for Mr. Reid) proposed an amendment to the 
resolution S. Res. 494, expressing the sense of the Senate on the need 
for Iraq's neighbors and other international partners to fulfill their 
pledges to provide reconstruction assistance to Iraq; as follows:

       On page 3, beginning on line 9, strike ``to merge 
     reconstruction assistance funds provided by the United States 
     with funds'' and insert ``to coordinate United States 
     reconstruction assistance funds, in whatever form they are 
     provided, with funds''.

                          ____________________