HR 2881
9-20-07, Bill Passed House 267-151
Placed on Senate Calendar
Calendar No. 383
110th CONGRESS
1st Session
H. R. 2881
IN THE SENATE OF THE UNITED STATES
September 24, 2007
Received; read twice and placed on the calendar
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `FAA Reauthorization Act of
2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility planning
and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Research, engineering, and development.
Sec. 105. Funding for aviation programs.
Subtitle B--Passenger Facility Charges
Sec. 112. PFC eligibility for bicycle storage.
Sec. 113. Noise compatibility projects.
Sec. 114. Intermodal ground access project pilot program.
Sec. 115. Impacts on airports of accommodating connecting passengers.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--AIP Modifications
Sec. 131. Amendments to AIP definitions.
Sec. 132. Amendments to grant assurances.
Sec. 133. Government share of project costs.
Sec. 134. Amendments to allowable costs.
Sec. 135. Uniform certification training for airport concessions under disadvantaged
business enterprise program.
Sec. 136. Preference for small business concerns owned and controlled by
disabled veterans.
Sec. 137. Calculation of State apportionment fund.
Sec. 138. Reducing apportionments.
Sec. 139. Minimum amount for discretionary fund.
Sec. 140. Marshall Islands, Micronesia, and Palau.
Sec. 141. Use of apportioned amounts.
Sec. 142. Sale of private airport to public sponsor.
Sec. 143. Airport privatization pilot program.
Sec. 144. Airport security program.
Sec. 145. Sunset of pilot program for purchase of airport development rights.
Sec. 146. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 147. Repeal of limitations on Metropolitan Washington Airports Authority.
Sec. 148. Midway Island Airport.
Sec. 149. Puerto Rico minimum guarantee.
Sec. 150. Miscellaneous amendments.
TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Mission statement; sense of Congress.
Sec. 202. Next generation air transportation system joint planning and development
office.
Sec. 203. Next Generation Air Transportation Senior Policy Committee.
Sec. 204. Automatic dependent surveillance-broadcast services.
Sec. 205. Inclusion of stakeholders in air traffic control modernization
projects.
Sec. 206. GAO review of challenges associated with transforming to the Next
Generation Air Transportation System.
Sec. 207. GAO review of Next Generation Air Transportation System acquisition
and procedures development.
Sec. 208. DOT inspector general review of operational and approach procedures
by a third party.
Sec. 209. Expert review of enterprise architecture for Next Generation Air
Transportation System.
Sec. 210. NEXTGEN technology testbed.
Sec. 211. Clarification of authority to enter into reimbursable agreements.
Sec. 212. Definition of air navigation facility.
Sec. 213. Improved management of property inventory.
Sec. 214. Clarification to acquisition reform authority.
Sec. 215. Assistance to foreign aviation authorities.
Sec. 216. Front line manager staffing.
Sec. 217. Flight service stations.
Sec. 218. NextGen Research and Development Center of Excellence.
Sec. 219. Airspace redesign.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Age standards for pilots.
Sec. 302. Judicial review of denial of airman certificates.
Sec. 303. Release of data relating to abandoned type certificates and supplemental
type certificates.
Sec. 304. Inspection of foreign repair stations.
Sec. 306. Improved pilot licenses.
Sec. 307. Aircraft fuel tank safety improvement.
Sec. 308. Flight crew fatigue.
Sec. 309. Occupational safety and health standards for flight attendants
on board aircraft.
Sec. 310. Aircraft surveillance in mountainous areas.
Sec. 311. Off-airport, low-altitude aircraft weather observation technology.
Sec. 312. Noncertificated maintenance providers.
Sec. 313. Aircraft rescue and firefighting standards.
Subtitle B--Unmanned Aircraft Systems
Sec. 321. Commercial unmanned aircraft systems integration plan.
Sec. 322. Special rules for certain unmanned aircraft systems.
Sec. 323. Public unmanned aircraft systems.
TITLE IV--AIR SERVICE IMPROVEMENTS
Sec. 401. Monthly air carrier reports.
Sec. 402. Flight operations at Reagan National Airport.
Sec. 403. EAS contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Air passenger service improvements.
Sec. 407. Contents of competition plans.
Sec. 408. Extension of competitive access reports.
Sec. 409. Contract tower program.
Sec. 410. Airfares for members of the Armed Forces.
Sec. 411. Medical oxygen and portable respiratory assistive devices.
Sec. 412. Repeal of essential air service local participation program.
Sec. 413. GAO study of essential air service subsidy cap.
Sec. 414. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 415. Restoration of eligibility to a place determined by the Secretary
to be ineligible for subsidized essential air service.
Sec. 416. Office of Rural Aviation.
Sec. 417. Adjustments to compensation for significantly increased costs.
Sec. 418. Review of air carrier flight delays, cancellations, and associated
causes.
Sec. 419. European Union rules for passenger rights.
Sec. 420. Establishment of advisory committee for aviation consumer protection.
Sec. 421. Denied boarding compensation.
Sec. 422. Schedule reduction.
Sec. 423. Expansion of dot airline consumer complaint investigations.
TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING
Sec. 501. Amendments to air tour management program.
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. CLEEN research, development, and implementation partnership.
Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds
or less not complying with stage 3 noise levels.
Sec. 507. Environmental mitigation pilot program.
Sec. 508. Aircraft departure queue management pilot program.
Sec. 509. High performance and sustainable air traffic control facilities.
Sec. 510. Regulatory responsibility for aircraft engine noise and emissions
standards.
Sec. 511. Continuation of air quality sampling.
Sec. 512. Sense of Congress.
Sec. 513. Airport noise compatibility planning study, Port Authority of
New York and New Jersey.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. MSPB remedial authority for FAA employees.
Sec. 603. FAA technical training and staffing.
Sec. 604. Designee program.
Sec. 605. Staffing model for aviation safety inspectors.
Sec. 606. Safety critical staffing.
Sec. 607. FAA air traffic controller staffing.
Sec. 608. Assessment of training programs for air traffic controllers.
Sec. 609. Collegiate training initiative study.
Sec. 610. FAA Task Force on Air Traffic Control Facility Conditions.
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third party liability of air carriers
arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
Sec. 705. Extension of program authority.
TITLE VIII--MISCELLANEOUS
Sec. 801. Air carrier citizenship.
Sec. 802. Disclosure of data to Federal agencies in interest of national
security.
Sec. 803. FAA access to criminal history records and database systems.
Sec. 804. Clarification of air carrier fee disputes.
Sec. 805. Study on national plan of integrated airport systems.
Sec. 806. Express carrier employee protection.
Sec. 807. Consolidation and realignment of FAA facilities.
Sec. 808. Accidental death and dismemberment insurance for National Transportation
Safety Board employees.
Sec. 809. GAO study on cooperation of airline industry in international
child abduction cases.
Sec. 810. Lost Nation Airport, Ohio.
Sec. 811. Pollock Municipal Airport, Louisiana.
Sec. 812. Human intervention and motivation study program.
Sec. 813. Washington, D.C., Air Defense Identification Zone.
Sec. 814. Merrill Field Airport, Anchorage, Alaska.
Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston,
Texas.
Sec. 816. Duty periods and flight time limitations applicable to flight
crewmembers.
Sec. 817. Labor integration.
Sec. 818. Pilot program for redevelopment of airport properties.
Sec. 819. Helicopter operations over Long Island, New York.
Sec. 820. Cabin temperature standards study.
Sec. 821. Civil penalties technical amendments.
Sec. 822. Realignment of terminal radar approach control at Palm Beach International
Airport.
Sec. 823. Study and report on alleviating congestion.
Sec. 824. Airline personnel training enhancement.
Sec. 825. Study on Feasibility of Development of a Public Internet Web-based
Search Engine on Wind Turbine Installation Obstruction.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
Sec. 903. Interagency research initiative on the impact of aviation on the
climate.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Centers of excellence.
Sec. 907. Airport cooperative research program.
Sec. 908. Unmanned aircraft systems.
Sec. 909. Research grants program involving undergraduate students.
Sec. 910. Research program on space weather and aviation.
Sec. 911. Aviation gas research and development program.
Sec. 912. Research reviews and assessments.
Sec. 913. Review of FAA's aviation safety-related research programs.
Sec. 914. Research program on alternative jet fuel technology for civil
aircraft.
Sec. 915. Center for excellence in aviation employment.
TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING
Sec. 1002. Extension and modification of taxes funding airport and airway
trust fund.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or a repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments made by
this Act shall apply only to fiscal years beginning after September 30, 2007.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING
AND PROGRAMS.
(a) Authorization- Section 48103 is amended--
(1) by striking `September 30, 2003' and inserting `September 30, 2007';
and
(2) by striking paragraphs (1) through (4) and inserting the following:
`(1) $3,800,000,000 for fiscal year 2008;
`(2) $3,900,000,000 fiscal year 2009;
`(3) $4,000,000,000 fiscal year 2010; and
`(4) $4,100,000,000 fiscal year 2011.'.
(b) Obligational Authority- Section 47104(c) is amended by striking `September
30, 2007' and inserting `September 30, 2011'.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations- Section 48101(a) is amended by striking
paragraphs (1) through (4) and inserting the following:
`(1) $3,120,000,000 for fiscal year 2008.
`(2) $3,246,000,000 for fiscal year 2009.
`(3) $3,259,000,000 for fiscal year 2010.
`(4) $3,353,000,000 for fiscal year 2011.'.
(b) Use of Funds- Section 48101 is amended by striking subsections (c) through
(i) and inserting the following:
`(c) Wake Vortex Mitigation- Of amounts appropriated under subsection (a),
such sums as may be necessary for each of fiscal years 2008 through 2011 may
be used for the development and analysis of wake vortex mitigation, including
advisory systems.
`(1) IN GENERAL- Of amounts appropriated under subsection (a), such sums
as may be necessary for each of fiscal years 2008 through 2011 may be used
for the development of in-flight and ground-based weather threat mitigation
systems, including ground de-icing and anti-icing systems and other systems
for predicting, detecting, and mitigating the effects of certain weather
conditions on both airframes and engines.
`(2) SPECIFIC HAZARDS- Weather conditions referred to in paragraph (1) include--
`(A) ground-based icing threats such as ice pellets and freezing drizzle;
`(B) oceanic weather, including convective weather, and other hazards
associated with oceanic operations (where commercial traffic is high and
only rudimentary satellite sensing is available) to reduce the hazards
presented to commercial aviation, including convective weather ice crystal
ingestion threats; and
`(C) en route turbulence prediction.
`(e) Safety Management Systems- Of amounts appropriated under subsection (a)
and section 106(k)(1), such sums as may be necessary for each of fiscal years
2008 through 2011 may be used to advance the development and implementation
of safety management systems.
`(f) Runway Incursion Reduction Programs- Of amounts appropriated under subsection
(a), $8,000,000 for fiscal year 2008, $10,000,000 for fiscal year 2009, $12,000,000
for fiscal year 2010, and $12,000,000 for fiscal year 2011 may be used for
the development and implementation of runway incursion reduction programs.
`(g) Runway Status Lights- Of amounts appropriated under subsection (a), $15,000,000
for fiscal year 2008, $27,000,000 for fiscal year 2009, $12,000,000 for fiscal
year 2010, and $20,000,000 for 2011 may be used for the acquisition and installation
of runway status lights.
`(h) Additional Programs in Fiscal Year 2008- Of amounts appropriated under
subsection (a), $19,500,000 for fiscal year 2008 may be used for--
`(1) system capacity, planning, and improvement;
`(2) operations concept validation;
`(3) NAS weather requirements;
`(4) Airspace Management Lab;
`(5) Local Area Augmentation System (LAAS); and
`(6) wind profiling and weather research, Juneau.
`(i) Additional Programs in Fiscal Years 2009-2011- Of amounts appropriated
under subsection (a), $14,500,000 for each of fiscal years 2009, 2010, and
2011 may be used for--
`(1) system capacity, planning, and improvement;
`(2) operations concept validation;
`(3) NAS weather requirements; and
`(4) Airspace Management Lab.'.
SEC. 103. FAA OPERATIONS.
(a) In General- Section 106(k)(1) is amended by striking subparagraphs (A)
through (D) and inserting the following:
`(A) $8,726,000,000 for fiscal year 2008;
`(B) $8,978,000,000 for fiscal year 2009;
`(C) $9,305,000,000 for fiscal year 2010; and
`(D) $9,590,000,000 for fiscal year 2011.'.
(b) Authorized Expenditures- Section 106(k)(2) is amended--
(1) by striking subparagraphs (A), (B), (C), (D), and (F);
(2) by redesignating subparagraphs (E) and (G) as subparagraphs (A) and
(B), respectively; and
(3) in subparagraphs (A) and (B) (as so redesignated) by striking `2004
through 2007' and inserting `2008 through 2011'.
(c) Airline Data and Analysis- There is authorized to be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust Fund established
by section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to fund
airline data collection and analysis by the Bureau of Transportation Statistics
in the Research and Innovative Technology Administration of the Department
of Transportation--
(1) $4,000,000 for fiscal year 2008; and
(2) $6,000,000 for each of fiscal years 2009, 2010, and 2011.
SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) is amended--
(1) in paragraph (11)(L) by striking `and';
(2) in paragraph (12)(L) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following:
`(13) for fiscal year 2008, $335,191,000, including--
`(A) $7,350,000 for fire research and safety;
`(B) $4,086,000 for propulsion and fuel systems;
`(C) $2,713,000 for advanced materials and structural safety;
`(D) $3,574,000 for atmospheric hazards and digital system safety;
`(E) $14,931,000 for aging aircraft;
`(F) $2,202,000 for aircraft catastrophic failure prevention research;
`(G) $14,651,000 for flightdeck maintenance, system integration, and human
factors;
`(H) $9,517,000 for aviation safety risk analysis;
`(I) $15,254,000 for air traffic control, technical operations, and human
factors;
`(J) $6,780,000 for aeromedical research;
`(K) $19,888,000 for weather programs;
`(L) $6,310,000 for unmanned aircraft systems research;
`(M) $18,100,000 for the Next Generation Air Transportation System Joint
Planning and Development Office;
`(N) $10,755,000 for wake turbulence;
`(O) $20,469,000 for environment and energy;
`(P) $1,184,000 for system planning and resource management;
`(Q) $3,415,000 for the William J. Hughes Technical Center Laboratory
Facility;
`(R) $74,200,000 for the Center for Advanced Aviation System Development;
`(S) $2,000,000 for the Airport Cooperative Research Program--capacity;
`(T) $5,000,000 for the Airport Cooperative Research Program--environment;
`(U) $5,000,000 for the Airport Cooperative Research Program--safety;
`(V) $3,600,000 for GPS civil requirements;
`(W) $15,000,000 for Safe Flight 21, Alaska Capstone;
`(X) $8,907,000 for airports technology research--capacity;
`(Y) $9,805,000 for airports technology research--safety;
`(14) for fiscal year 2009, $481,554,000, including--
`(A) $8,457,000 for fire research and safety;
`(B) $4,050,000 for propulsion and fuel systems;
`(C) $2,686,000 for advanced materials and structural safety;
`(D) $3,568,000 for atmospheric hazards and digital system safety;
`(E) $14,683,000 for aging aircraft;
`(F) $2,158,000 for aircraft catastrophic failure prevention research;
`(G) $37,499,000 for flightdeck maintenance, system integration, and human
factors;
`(H) $8,349,000 for aviation safety risk analysis;
`(I) $15,323,000 for air traffic control, technical operations, and human
factors;
`(J) $6,932,000 for aeromedical research;
`(K) $22,336,000 for weather program;
`(L) $6,738,000 for unmanned aircraft systems research;
`(M) $18,100,000 for the Next Generation Air Transportation System Joint
Planning and Development Office;
`(N) $10,560,000 for wake turbulence;
`(O) $35,039,000 for environment and energy;
`(P) $1,847,000 for system planning and resource management;
`(Q) $3,548,000 for the William J. Hughes Technical Center Laboratory
Facility;
`(R) $85,000,000 for Center for Advanced Aviation System Development;
`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;
`(T) $5,000,000 for the Airport Cooperative Research Program--environment;
`(U) $5,000,000 for the Airport Cooperative Research Program--safety;
`(V) $3,469,000 for GPS civil requirements;
`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
`(X) $8,907,000 for airports technology research--capacity;
`(Y) $9,805,000 for airports technology research--safety;
`(15) for fiscal year 2010, $486,502,000, including--
`(A) $8,546,000 for fire research and safety;
`(B) $4,075,000 for propulsion and fuel systems;
`(C) $2,700,000 for advanced materials and structural safety;
`(D) $3,608,000 for atmospheric hazards and digital system safety;
`(E) $14,688,000 for aging aircraft;
`(F) $2,153,000 for aircraft catastrophic failure prevention research;
`(G) $36,967,000 for flightdeck maintenance, system integration, and human
factors;
`(H) $8,334,000 for aviation safety risk analysis;
`(I) $15,471,000 for air traffic control, technical operations, and human
factors;
`(J) $7,149,000 for aeromedical research;
`(K) $23,286,000 for weather program;
`(L) $6,236,000 for unmanned aircraft systems research;
`(M) $18,100,000 for the Next Generation Air Transportation System Joint
Planning and Development Office;
`(N) $10,412,000 for wake turbulence;
`(O) $34,678,000 for environment and energy;
`(P) $1,827,000 for system planning and resource management;
`(Q) $3,644,000 for William J. Hughes Technical Center Laboratory Facility;
`(R) $90,000,000 for the Center for Advanced Aviation System Development;
`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;
`(T) $5,000,000 for the Airport Cooperative Research Program--environment;
`(U) $5,000,000 for the Airport Cooperative Research Program--safety;
`(V) $3,416,000 for GPS civil requirements;
`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
`(X) $8,907,000 for airports technology research--capacity;
`(Y) $9,805,000 for airports technology research--safety; and
`(16) for fiscal year 2011, $514,832,000, including--
`(A) $8,815,000 for fire research and safety;
`(B) $4,150,000 for propulsion and fuel systems;
`(C) $2,747,000 for advanced materials and structural safety;
`(D) $3,687,000 for atmospheric hazards and digital system safety;
`(E) $14,903,000 for aging aircraft;
`(F) $2,181,000 for aircraft catastrophic failure prevention research;
`(G) $39,245,000 for flightdeck maintenance, system integration and human
factors;
`(H) $8,446,000 for aviation safety risk analysis;
`(I) $15,715,000 for air traffic control, technical operations, and human
factors;
`(J) $7,390,000 for aeromedical research;
`(K) $23,638,000 for weather program;
`(L) $6,295,000 for unmanned aircraft systems research;
`(M) $18,100,000 for the Next Generation Air Transportation System Joint
Planning and Development Office;
`(N) $10,471,000 for wake turbulence;
`(O) $34,811,000 for environment and energy;
`(P) $1,836,000 for system planning and resource management;
`(Q) $3,758,000 for William J. Hughes Technical Center Laboratory Facility;
`(R) $114,000,000 for Center for Advanced Aviation System Development;
`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;
`(T) $5,000,000 for the Airport Cooperative Research Program--environment;
`(U) $5,000,000 for the Airport Cooperative Research Program--safety;
`(V) $3,432,000 for GPS civil requirements;
`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;
`(X) $8,907,000 for airports technology research--capacity;
`(Y) $9,805,000 for airports technology research--safety.'.
SEC. 105. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee- Section 48114(a)(1)(A) is amended
to read as follows:
`(A) IN GENERAL- The total budget resources made available from the Airport
and Airway Trust Fund each fiscal year through fiscal year 2011 pursuant
to sections 48101, 48102, 48103, and 106(k) shall--
`(i) in each of fiscal years 2008 and 2009, be equal to 95 percent of
the estimated level of receipts plus interest credited to the Airport
and Airway Trust Fund for that fiscal year; and
`(ii) in each of fiscal years 2010 and 2011, be equal to the sum of--
`(I) 95 percent of the estimated level of receipts plus interest credited
to the Airport and Airway Trust Fund for that fiscal year; and
`(II) the actual level of receipts plus interest credited to the Airport
and Airway Trust Fund for the second preceding fiscal year minus the
total amount made available for obligation from the Airport and Airway
Trust Fund for the second preceding fiscal year.
Such amounts may be used only for aviation investment programs listed
in subsection (b).'.
(b) Additional Authorizations of Appropriations From the General Fund- Section
48114(a)(2) is amended by striking `2007' and inserting `2011'.
(c) Estimated Level of Receipts Plus Interest Defined- Section 48114(b)(2)
is amended--
(1) in the paragraph heading by striking `LEVEL' and inserting `ESTIMATED
LEVEL'; and
(2) by striking `level of receipts plus interest' and inserting `estimated
level of receipts plus interest'.
(d) Enforcement of Guarantees- Section 48114(c)(2) is amended by striking
`2007' and inserting `2011'.
Subtitle B--Passenger Facility Charges
SEC. 111. PFC AUTHORITY.
(a) PFC Defined- Section 40117(a)(5) is amended to read as follows:
`(5) PASSENGER FACILITY CHARGE- The term `passenger facility charge' means
a charge or fee imposed under this section.'.
(b) Increase in PFC Maximum Level- Section 40117(b)(4) is amended by striking
`$4.00 or $4.50' and inserting `$4.00, $4.50, $5.00, $6.00, or $7.00'.
(c) Pilot Program for PFC at Nonhub Airports- Section 40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(d) Correction of References-
(1) SECTION 40117- Section 40117 is amended--
(A) in the section heading by striking `fees' and inserting `charges';
(B) in the heading for subsection (e) by striking `Fees' and inserting
`Charges';
(C) in the heading for subsection (l) by striking `Fee' and inserting
`Charge';
(D) in the heading for paragraph (5) of subsection (l) by striking `FEE'
and inserting `CHARGE';
(E) in the heading for subsection (m) by striking `Fees' and inserting
`Charges';
(F) in the heading for paragraph (1) of subsection (m) by striking `FEES'
and inserting `CHARGES';
(G) by striking `fee' each place it appears (other than the second sentence
of subsection (g)(4)) and inserting `charge'; and
(H) by striking `fees' each place it appears and inserting `charges'.
(2) OTHER REFERENCES- Subtitle VII is amended by striking `fee' and inserting
`charge' each place it appears in each of the following sections:
SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.
(a) In General- Section 40117(a)(3) is amended by adding at the end the following:
`(H) A project to construct secure bicycle storage facilities that are
to be used by passengers at the airport and that are in compliance with
applicable security standards.'.
(b) Report to Congress- Not later than one year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration shall
submit to Congress a report on the progress being made by airports to install
bicycle parking for airport customers and airport employees.
SEC. 113. NOISE COMPATIBILITY PROJECTS.
Section 40117(b) is amended by adding at the end the following:
`(7) NOISE MITIGATION FOR CERTAIN SCHOOLS-
`(A) IN GENERAL- In addition to the uses specified in paragraphs (1),
(4), and (6), the Secretary may authorize a passenger facility charge
imposed under paragraph (1) or (4) at a large hub airport that is the
subject of an amended judgment and final order in condemnation filed on
January 7, 1980, by the Superior Court of the State of California for
the county of Los Angeles, to be used for a project to carry out noise
mitigation for a building, or for the replacement of a relocatable building
with a permanent building, in the noise impacted area surrounding the
airport at which such building is used primarily for educational purposes,
notwithstanding the air easement granted or any terms to the contrary
in such judgment and final order, if--
`(i) the Secretary determines that the building is adversely affected
by airport noise;
`(ii) the building is owned or chartered by the school district that
was the plaintiff in case number 986,442 or 986,446, which was resolved
by such judgment and final order;
`(iii) the project is for a school identified in one of the settlement
agreements effective February 16, 2005, between the airport and each
of the school districts;
`(iv) in the case of a project to replace a relocatable building with
a permanent building, the eligible project costs are limited to the
actual structural construction costs necessary to mitigate aircraft
noise in instructional classrooms to an interior noise level meeting
current standards of the Federal Aviation Administration; and
`(v) the project otherwise meets the requirements of this section for
authorization of a passenger facility charge.
`(B) ELIGIBLE PROJECT COSTS- In subparagraph (A)(iv), the term `eligible
project costs' means the difference between the cost of standard school
construction and the cost of construction necessary to mitigate classroom
noise to the standards of the Federal Aviation Administration.'.
SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.
Section 40117 is amended by adding at the end the following:
`(n) Pilot Program for PFC Eligibility for Intermodal Ground Access Projects-
`(1) PFC ELIGIBILITY- Subject to the requirements of this subsection, the
Secretary shall establish a pilot program under which the Secretary may
authorize, at no more than 5 airports, a passenger facility charge imposed
under subsection (b)(1) or (b)(4) to be used to finance the eligible cost
of an intermodal ground access project.
`(2) INTERMODAL GROUND ACCESS PROJECT DEFINED- In this section, the term
`intermodal ground access project' means a project for constructing a local
facility owned or operated by an eligible agency that is directly and substantially
related to the movement of passengers or property traveling in air transportation.
`(A) IN GENERAL- For purposes of paragraph (1), the eligible cost of an
intermodal ground access project shall be the total cost of the project
multiplied by the ratio that--
`(i) the number of individuals projected to use the project to gain
access to or depart from the airport; bears to
`(ii) the total number of the individuals projected to use the facility.
`(B) DETERMINATIONS REGARDING PROJECTED PROJECT USE-
`(i) IN GENERAL- Except as provided by clause (ii), the Secretary shall
determine the projected use of a project for purposes of subparagraph
(A) at the time the project is approved under this subsection.
`(ii) PUBLIC TRANSPORTATION PROJECTS- In the case of a project approved
under this section to be financed in part using funds administered by
the Federal Transit Administration, the Secretary shall use the travel
forecasting model for the project at the time such project is approved
by the Federal Transit Administration to enter preliminary engineering
to determine the projected use of the project for purposes of subparagraph
(A).'.
SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING PASSENGERS.
(a) Study- Not later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall initiate a study to evaluate--
(1) the impacts on airports of accommodating connecting passengers; and
(2) the treatment of airports at which the majority of passengers are connecting
passengers under the passenger facility charge program authorized by section
40117 of title 49, United States Code.
(b) Contents of Study- In conducting the study, the Secretary shall review,
at a minimum, the following:
(1) the differences in facility needs, and the costs for constructing, maintaining,
and operating those facilities, for airports at which the majority of passengers
are connecting passengers as compared to airports at which the majority
of passengers are originating and destination passengers;
(2) whether the costs to an airport of accommodating additional connecting
passengers differs from the cost of accommodating additional originating
and destination passengers;
(3) for each airport charging a passenger facility charge, the percentage
of passenger facility charge revenue attributable to connecting passengers
and the percentage of such revenue attributable to originating and destination
passengers;
(4) the potential effects on airport revenues of requiring airports to charge
different levels of passenger facility charges on connecting passengers
and originating and destination passengers; and
(5) the added costs to air carriers of collecting passenger facility charges
under a system in which different levels of passenger facility charges are
imposed on connecting passengers and originating and destination passengers.
(1) IN GENERAL- Not later than one year after the date of initiation of
the study, the Secretary shall submit to Congress a report on the results
of the study.
(2) CONTENTS- The report shall include--
(A) the findings of the Secretary on each of the subjects listed in subsection
(b); and
(B) recommendations, if any, of the Secretary based on the results of
the study for any changes to the passenger facility charge program, including
recommendations as to whether different levels of passenger facility charges
should be imposed on connecting passengers and originating and destination
passengers.
Subtitle C--Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees- Section 45301(b) is amended to read
as follows:
`(b) Establishment and Adjustment of Fees-
`(1) IN GENERAL- In establishing and adjusting fees under subsection (a),
the Administrator shall ensure that the fees are reasonably related to the
Administration's costs, as determined by the Administrator, of providing
the services rendered. Services for which costs may be recovered include
the costs of air traffic control, navigation, weather services, training,
and emergency services which are available to facilitate safe transportation
over the United States and the costs of other services provided by the Administrator,
or by programs financed by the Administrator, to flights that neither take
off nor land in the United States. The determination of such costs by the
Administrator, and the allocation of such costs by the Administrator to
services provided, are not subject to judicial review.
`(2) ADJUSTMENT OF FEES- The Administrator shall adjust the overflight fees
established by subsection (a)(1) by expedited rulemaking and begin collections
under the adjusted fees by October 1, 2008. In developing the adjusted overflight
fees, the Administrator may seek and consider the recommendations offered
by an aviation rulemaking committee for overflight fees that are provided
to the Administrator by June 1, 2008, and are intended to ensure that overflight
fees are reasonably related to the Administrator's costs of providing air
traffic control and related services to overflights.
`(3) AIRCRAFT ALTITUDE- Nothing in this section shall require the Administrator
to take into account aircraft altitude in establishing any fee for aircraft
operations in en route or oceanic airspace.
`(4) COSTS DEFINED- In this subsection, the term `costs' includes those
costs associated with the operation, maintenance, leasing costs, and overhead
expenses of the services provided and the facilities and equipment used
in such services, including the projected costs for the period during which
the services will be provided.
`(5) PUBLICATION; COMMENT- The Administrator shall publish in the Federal
Register any fee schedule under this section, including any adjusted overflight
fee schedule, and the associated collection process as an interim final
rule, pursuant to which public comment will be sought and a final rule issued.'.
(b) Adjustments- Section 45301 is amended by adding at the end the following:
`(e) Adjustments- In addition to adjustments under subsection (b), the Administrator
may periodically adjust the fees established under this section.'.
SEC. 122. REGISTRATION FEES.
(a) In General- Chapter 453 is amended by adding at the end the following:
`Sec. 45305. Registration, certification, and related fees
`(a) General Authority and Fees- The Administrator of the Federal Aviation
Administration shall establish the following fees for services and activities
of the Administration:
`(1) $130 for registering an aircraft.
`(2) $45 for replacing an aircraft registration.
`(3) $130 for issuing an original dealer's aircraft certificate.
`(4) $105 for issuing an aircraft certificate (other than an original dealer's
aircraft certificate).
`(5) $80 for issuing a special registration number.
`(6) $50 for issuing a renewal of a special registration number.
`(7) $130 for recording a security interest in an aircraft or aircraft part.
`(8) $50 for issuing an airman certificate.
`(9) $25 for issuing a replacement airman certificate.
`(10) $42 for issuing an airman medical certificate.
`(11) $100 for providing a legal opinion pertaining to aircraft registration
or recordation.
`(b) Fees Credited as Offsetting Collections-
`(1) IN GENERAL- Notwithstanding section 3302 of title 31, any fee authorized
to be collected under this section shall, subject to appropriation made
in advance--
`(A) be credited as offsetting collections to the account that finances
the activities and services for which the fee is imposed;
`(B) be available for expenditure only to pay the costs of activities
and services for which the fee is imposed; and
`(C) remain available until expended.
`(2) CONTINUING APPROPRIATIONS- The Administrator may continue to assess,
collect, and spend fees established under this section during any period
in which the funding for the Federal Aviation Administration is provided
under an Act providing continuing appropriations in lieu of the Administration's
regular appropriations.
`(3) ADJUSTMENTS- The Administrator shall periodically adjust the fees established
by subsection (a) when cost data from the cost accounting system developed
pursuant to section 45303(e) reveal that the cost of providing the service
is higher or lower than the cost data that were used to establish the fee
then in effect.'.
(b) Clerical Amendment- The analysis for chapter 453 is amended by adding
at the end the following:
`45305. Registration, certification, and related fees.'.
(c) Fees Involving Aircraft Not Providing Air Transportation- Section 45302(e)
is amended--
(1) by striking `A fee' and inserting the following:
`(1) IN GENERAL- A fee'; and
(2) by adding at the end the following:
`(2) EFFECT OF IMPOSITION OF OTHER FEES- A fee may not be imposed for a
service or activity under this section during any period in which a fee
for the same service or activity is imposed under section 45305.'.
Subtitle D--AIP Modifications
SEC. 131. AMENDMENTS TO AIP DEFINITIONS.
(a) Airport Development- Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking `20' and inserting `9'; and
(2) by adding at the end the following:
`(M) construction of mobile refueler parking within a fuel farm at a nonprimary
airport meeting the requirements of section 112.8 of title 40, Code of
Federal Regulations.
`(N) terminal development under section 47119(a).
`(O) acquiring and installing facilities and equipment to provide air
conditioning, heating, or electric power from terminal-based, non-exclusive
use facilities to aircraft parked at a public use airport for the purpose
of reducing energy use or harmful emissions as compared to the provision
of such air conditioning, heating, or electric power from aircraft-based
systems.'.
(b) Airport Planning- Section 47102(5) is amended by inserting before the
period at the end the following: `and developing an environmental management
system'.
(c) General Aviation Airport- Section 47102 is amended--
(1) by redesignating paragraphs (23) through (25) as paragraphs (25) through
(27), respectively;
(2) by redesignating paragraphs (8) through (22) as paragraphs (9) through
(23), respectively; and
(3) by inserting after paragraph (7) the following:
`(8) `general aviation airport' means a public airport that is located in
a State and that, as determined by the Secretary--
`(A) does not have scheduled service; or
`(B) has scheduled service with less that 2,500 passenger boardings each
year.'.
(d) Revenue Producing Aeronautical Support Facilities- Section 47102 is amended
by inserting after paragraph (23) (as redesignated by subsection (c)(2) of
this section) the following:
`(24) `revenue producing aeronautical support facilities' means fuel farms,
hangar buildings, self-service credit card aeronautical fueling systems,
airplane wash racks, major rehabilitation of a hangar owned by a sponsor,
or other aeronautical support facilities that the Secretary determines will
increase the revenue producing ability of the airport.'.
(e) Terminal Development- Section 47102 is further amended by adding at the
end the following:
`(28) `terminal development' means--
`(i) an airport passenger terminal building, including terminal gates;
`(ii) access roads servicing exclusively airport traffic that leads
directly to or from an airport passenger terminal building; and
`(iii) walkways that lead directly to or from an airport passenger terminal
building; and
`(B) the cost of a vehicle described in section 47119(a)(1)(B).'.
SEC. 132. AMENDMENTS TO GRANT ASSURANCES.
(a) General Written Assurances- Section 47107(a)(16)(D)(ii) is amended by
inserting before the semicolon at the end the following: `, except in the
case of a relocation or replacement of an existing airport facility that meets
the conditions of section 47110(d)'.
(b) Written Assurances on Acquiring Land-
(1) USE OF PROCEEDS- Section 47107(c)(2)(A)(iii) is amended by striking
`paid to the Secretary' and all that follows before the semicolon and inserting
`reinvested in another project at the airport or transferred to another
airport as the Secretary prescribes under paragraph (4)'.
(2) ELIGIBLE PROJECTS- Section 47107(c) is amended by adding at the end
the following:
`(4) PRIORITIES FOR REINVESTMENT- In approving the reinvestment or transfer
of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference,
in descending order, to the following actions:
`(A) Reinvestment in an approved noise compatibility project.
`(B) Reinvestment in an approved project that is eligible for funding
under section 47117(e).
`(C) Reinvestment in an approved airport development project that is eligible
for funding under section 47114, 47115, or 47117.
`(D) Transfer to a sponsor of another public airport to be reinvested
in an approved noise compatibility project at such airport.
`(E) Payment to the Secretary for deposit in the Airport and Airway Trust
Fund.'.
(c) Clerical Amendment- Section 47107(c)(2)(B)(iii) is amended by striking
`the Fund' and inserting `the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)'.
SEC. 133. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--
(1) in subsection (a) by striking `provided in subsection (b) or subsection
(c) of this section' and inserting `otherwise specifically provided in this
section'; and
(2) by adding at the end the following:
`(e) Special Rule for Transition From Small Hub to Medium Hub Status- If the
status of a small hub airport changes to a medium hub airport, the Government's
share of allowable project costs for the airport may not exceed 90 percent
for the first 2 fiscal years following such change in hub status.
`(f) Special Rule for Economically Depressed Communities- The Government's
share of allowable project costs shall be 95 percent for a project at an airport
that--
`(1) is receiving subsidized air service under subchapter II of chapter
417; and
`(2) is located in an area that meets one or more of the criteria established
in section 301(a) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.'.
SEC. 134. AMENDMENTS TO ALLOWABLE COSTS.
(a) Allowable Project Costs- Section 47110(b)(2) is amended--
(1) by striking `or' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph (D) and inserting
`; or'; and
(3) by adding at the end the following:
`(E) if the cost is for airport development and is incurred before execution
of the grant agreement, but in the same fiscal year as execution of the
grant agreement, and if--
`(i) the cost was incurred before execution of the grant agreement due
to the short construction season in the vicinity of the airport;
`(ii) the cost is in accordance with an airport layout plan approved by
the Secretary and with all statutory and administrative requirements that
would have been applicable to the project if the project had been carried
out after execution of the grant agreement;
`(iii) the sponsor notifies the Secretary before authorizing work to commence
on the project; and
`(iv) the sponsor's decision to proceed with the project in advance of
execution of the grant agreement does not affect the priority assigned
to the project by the Secretary for the allocation of discretionary funds;'.
(b) Relocation of Airport-Owned Facilities- Section 47110(d) is amended to
read as follows:
`(d) Relocation of Airport-Owned Facilities- The Secretary may determine that
the costs of relocating or replacing an airport-owned facility are allowable
for an airport development project at an airport only if--
`(1) the Government's share of such costs will be paid with funds apportioned
to the airport sponsor under section 47114(c)(1) or 47114(d);
`(2) the Secretary determines that the relocation or replacement is required
due to a change in the Secretary's design standards; and
`(3) the Secretary determines that the change is beyond the control of the
airport sponsor.'.
(c) Nonprimary Airports- Section 47110(h) is amended--
(1) by inserting `construction of' before `revenue producing'; and
(2) by striking `, including fuel farms and hangars,'.
SEC. 135. UNIFORM CERTIFICATION TRAINING FOR AIRPORT CONCESSIONS UNDER DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM.
(a) In General- Section 47107(e) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
`(8) MANDATORY TRAINING PROGRAM FOR AIRPORT CONCESSIONS-
`(A) IN GENERAL- Not later than one year after the date of enactment of
the FAA Reauthorization Act of 2007, the Secretary shall establish a mandatory
training program for persons described in subparagraph (C) on the certification
of whether a small business concern in airport concessions qualifies as
a small business concern owned and controlled by a socially and economically
disadvantaged individual for purposes of paragraph (1).
`(B) IMPLEMENTATION- The training program may be implemented by one or
more private entities approved by the Secretary.
`(C) PARTICIPANTS- A person referred to in paragraph (1) is an official
or agent of an airport owner or operator who is required to provide a
written assurance under paragraph (1) that the airport owner or operator
will meet the percentage goal of paragraph (1) or who is responsible for
determining whether or not a small business concern in airport concessions
qualifies as a small business concern owned and controlled by a socially
and economically disadvantaged individual for purposes of paragraph (1).
`(D) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this paragraph.'.
(b) Report- Not later than 24 months after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and other appropriate committees of Congress a report on the
results of the training program conducted under the amendment made by subsection
(a).
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
DISABLED VETERANS.
Section 47112(c) is amended by adding at the end the following:
`(3) A contract involving labor for carrying out an airport development project
under a grant agreement under this subchapter must require that a preference
be given to the use of small business concerns (as defined in section 3 of
the Small Business Act (15 U.S.C. 1632)) owned and controlled by disabled
veterans.'.
SEC. 137. CALCULATION OF STATE APPORTIONMENT FUND.
Section 47114(d) is amended--
(A) by striking `Except as provided in paragraph (3), the Secretary' and
inserting `The Secretary'; and
(B) by striking `18.5 percent' and inserting `10 percent'; and
(2) by striking paragraph (3) and inserting the following:
`(A) IN GENERAL- In addition to amounts apportioned under paragraph (2)
and subject to subparagraph (B), the Secretary shall apportion to each
airport, excluding primary airports but including reliever and nonprimary
commercial service airports, in States the lesser of--
`(ii) 1/5 of the most recently published estimate of the 5-year costs
for airport improvement for the airport, as listed in the national plan
of integrated airport systems developed by the Federal Aviation Administration
under section 47103.
`(B) REDUCTION- In any fiscal year in which the total amount made available
for apportionment under paragraph (2) is less than $300,000,000, the Secretary
shall reduce, on a prorated basis, the amount to be apportioned under
subparagraph (A) and make such reduction available to be apportioned under
paragraph (2), so as to apportion under paragraph (2) a minimum of $300,000,000.'.
SEC. 138. REDUCING APPORTIONMENTS.
Section 47114(f)(1) is amended--
(1) by striking `and' at the end of subparagraph (A);
(2) in subparagraph (B)--
(A) by inserting `except as provided by subparagraph (C),' before `in
the case'; and
(B) by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(C) in the case of a charge of more than $4.50 imposed by the sponsor
of an airport enplaning at least one percent of the total number of boardings
each year in the United States, 100 percent of the projected revenues
from the charge in the fiscal year but not more than 100 percent of the
amount that otherwise would be apportioned under this section.'.
SEC. 139. MINIMUM AMOUNT FOR DISCRETIONARY FUND.
Section 47115(g)(1) is amended by striking `sum of--' and all that follows
through the period at the end of subparagraph (B) and inserting `sum of $520,000,000.'.
SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking `fiscal years 2004 through 2007' and
inserting `fiscal years 2008 through 2011'.
SEC. 141. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) in the first sentence--
(A) by striking `35 percent' and inserting `$300,000,000';
(B) by striking `and' after `47141,'; and
(C) by inserting before the period at the end the following: `, and for
water quality mitigation projects to comply with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) as approved in an environmental record
of decision for an airport development project under this title'; and
(2) in the second sentence by striking `such 35 percent requirement is'
and inserting `the requirements of the preceding sentence are'.
SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.
(a) In General- Section 47133(b) is amended--
(1) by striking `Subsection (a) shall not apply if' and inserting the following:
`(1) PRIOR LAWS AND AGREEMENTS- Subsection (a) shall not apply if'; and
(2) by adding at the end the following:
`(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR- In the case of a privately
owned airport, subsection (a) shall not apply to the proceeds from the sale
of the airport to a public sponsor if--
`(A) the sale is approved by the Secretary;
`(B) funding is provided under this subtitle for any portion of the public
sponsor's acquisition of airport land; and
`(C) an amount equal to the remaining unamortized portion of any airport
improvement grant made to that airport for purposes other than land acquisition,
amortized over a 20-year period, plus an amount equal to the Federal share
of the current fair market value of any land acquired with an airport
improvement grant made to that airport on or after October 1, 1996, is
repaid to the Secretary by the private owner.
`(3) TREATMENT OF REPAYMENTS- Repayments referred to in paragraph (2)(C)
shall be treated as a recovery of prior year obligations.'.
(b) Applicability to Grants- The amendments made by subsection (a) shall apply
to grants issued on or after October 1, 1996.
SEC. 143. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) Approval Requirements- Section 47134 is amended in subsections (b)(1)(A)(i),
(b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by striking `65 percent' each place
it appears and inserting `75 percent'.
(b) Prohibition on Receipt of Funds-
(1) SECTION 47134- Section 47134 is amended by adding at the end the following:
`(n) Prohibition on Receipt of Certain Funds- An airport receiving an exemption
under subsection (b) shall be prohibited from receiving apportionments under
section 47114 or discretionary funds under section 47115.'.
(2) CONFORMING AMENDMENTS- Section 47134(g) is amended--
(A) in the subsection heading by striking `Apportionments;';
(B) in paragraph (1) by striking the semicolon at the end and inserting
`; or';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
(c) Federal Share of Project Costs- Section 47109(a) is amended--
(1) by striking the semicolon at the end of paragraph (3) and inserting
`; and';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 144. AIRPORT SECURITY PROGRAM.
Section 47137(g) is amended by striking `$5,000,000' and inserting `$8,500,000'.
SEC. 145. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS.
Section 47138 is amended by adding at the end the following:
`(f) Sunset- This section shall not be in effect after September 30, 2007.'.
SEC. 146. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING
AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.
Section 47141(f) is amended by striking `September 30, 2007' and inserting
`September 30, 2011'.
SEC. 147. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.
Section 49108, and the item relating to such section in the analysis for chapter
491, are repealed.
SEC. 148. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act
(117 Stat. 2518) is amended by striking `October 1, 2007' and inserting `October
1, 2011'.
SEC. 149. PUERTO RICO MINIMUM GUARANTEE.
Section 47114(e) is amended--
(1) in the subsection heading by inserting `and Puerto Rico' after `Alaska';
and
(2) by adding at the end the following:
`(5) PUERTO RICO MINIMUM GUARANTEE- In any fiscal year in which the total
amount apportioned to airports in Puerto Rico under subsections (c) and
(d) is less than 1.5 percent of the total amount apportioned to all airports
under subsections (c) and (d), the Secretary shall apportion to the Puerto
Rico Ports Authority for airport development projects in such fiscal year
an amount equal to the difference between 1.5 percent of the total amounts
apportioned under subsections (c) and (d) in such fiscal year and the amount
otherwise apportioned under subsections (c) and (d) to airports in Puerto
Rico in such fiscal year.'.
SEC. 150. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated Airport Systems- Section
47103 is amended--
(A) by striking `each airport to--' and inserting `the airport system
to--';
(B) in paragraph (1) by striking `system in the particular area;' and
inserting `system, including connection to the surface transportation
network; and';
(C) in paragraph (2) by striking `; and' and inserting a period; and
(D) by striking paragraph (3);
(A) in paragraph (1) by striking the semicolon and inserting `; and';
(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2) (as so redesignated) by striking `, Short Takeoff
and Landing/Very Short Takeoff and Landing aircraft operations,'; and
(3) in subsection (d) by striking `status of the'.
(b) Update Veterans Preference Definition- Section 47112(c) is amended--
(A) in subparagraph (B) by striking `separated from' and inserting `discharged
or released from active duty in'; and
(B) by adding at the end the following:
`(C) `Afghanistan-Iraq war veteran' means an individual who served on active
duty (as defined by section 101 of title 38) in the armed forces for a period
of more than 180 consecutive days, any part of which occurred during the
period beginning on September 11, 2001, and ending on the date prescribed
by presidential proclamation or by law as the last date of Operation Iraqi
Freedom, and who was separated from the armed forces under honorable conditions.';
and
(2) in paragraph (2) by striking `veterans and' and inserting `veterans,
Afghanistan-Iraq war veterans, and'.
(c) Consolidation of Terminal Development Provisions- Section 47119 is amended--
(1) by redesignating subsections (a), (b), (c) and (d) as subsections (b),
(c), (d) and (e), respectively; and
(2) by inserting before subsection (b) (as so redesignated) the following:
`(a) Terminal Development Projects-
`(1) IN GENERAL- The Secretary may approve a project for terminal development
(including multimodal terminal development) in a nonrevenue-producing public-use
area of a commercial service airport--
`(A) if the sponsor certifies that the airport, on the date the grant
application is submitted to the Secretary, has--
`(i) all the safety equipment required for certification of the airport
under section 44706;
`(ii) all the security equipment required by regulation; and
`(iii) provided for access by passengers to the area of the airport
for boarding or exiting aircraft that are not air carrier aircraft;
`(B) if the cost is directly related to moving passengers and baggage
in air commerce within the airport, including vehicles for moving passengers
between terminal facilities and between terminal facilities and aircraft;
and
`(C) under terms necessary to protect the interests of the Government.
`(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING PARKING
LOTS- In making a decision under paragraph (1), the Secretary may approve
as allowable costs the expenses of terminal development in a revenue-producing
area and construction, reconstruction, repair, and improvement in a nonrevenue-producing
parking lot if--
`(A) except as provided in section 47108(e)(3), the airport does not have
more than .05 percent of the total annual passenger boardings in the United
States; and
`(B) the sponsor certifies that any needed airport development project
affecting safety, security, or capacity will not be deferred because of
the Secretary's approval.';
(3) in paragraphs (3) and (4)(A) of subsection (b) (as redesignated by paragraph
(1) of this subsection) by striking `section 47110(d)' and inserting `subsection
(a)'; and
(4) in paragraph (5) of subsection (b) (as redesignated by paragraph (1)
of this subsection) by striking `subsection (b)(1) and (2)' and inserting
`subsections (c)(1) and (c)(2)';
(5) in paragraphs (2)(A), (3), and (4) of subsection (c) (as redesignated
by paragraph (1) of this subsection) by striking `section 47110(d) of this
title' and inserting `subsection (a)';
(6) in paragraph (2)(B) of subsection (c) (as redesignated by paragraph
(1) of this subsection) by striking `section 47110(d)' and inserting `subsection
(a)';
(7) in subsection (c)(5) (as redesignated by paragraph (1) of this subsection)
by striking `section 47110(d)' and inserting `subsection (a)'; and
(8) by adding at the end the following:
`(f) Limitation on Discretionary Funds- The Secretary may distribute not more
than $20,000,000 from the discretionary fund established under section 47115
for terminal development projects at a nonhub airport or a small hub airport
that is eligible to receive discretionary funds under section 47108(e)(3).'.
(d) Annual Report- Section 47131(a) is amended--
(1) by striking `April 1' and inserting `June 1'; and
(2) by striking paragraphs (1), (2), (3), and (4) and inserting the following:
`(1) a summary of airport development and planning completed;
`(2) a summary of individual grants issued;
`(3) an accounting of discretionary and apportioned funds allocated;
`(4) the allocation of appropriations; and'.
(e) Correction to Emission Credits Provision- Section 47139 is amended--
(1) in subsection (a) by striking `47102(3)(F),'; and
(A) by striking `47102(3)(F),'; and
(B) by striking `47103(3)(F),'.
(f) Conforming Amendment to Civil Penalty Assessment Authority- Section 46301(d)(2)
is amended by inserting `46319,' after `46318,'.
(g) Other Conforming Amendments- Sections 40117(a)(3)(B) and 47108(e)(3) are
each amended by striking `section 47110(d)' each place it appears and inserting
`section 47119(a)'.
(h) Correction to Surplus Property Authority- Section 47151(e) is amended
by striking `(other than real property' and all that follows through `(10
U.S.C. 2687 note))'.
(i) Airport Capacity Benchmark Reports- Section 47175(2) is amended by striking
`Airport Capacity Benchmark Report 2001' and inserting `2001 and 2004 Airport
Capacity Benchmark Reports or table 1 of the Federal Aviation Administration's
most recent airport capacity benchmark report'.
TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.
(a) Findings- Congress finds the following:
(1) The United States faces a great national challenge as the Nation's aviation
infrastructure is at a crossroads.
(2) The demand for aviation services, a critical element of the United States
economy, vital in supporting the quality of life of the people of the United
States, and critical in support of the Nation's defense and national security,
is growing at an ever increasing rate. At the same time, the ability of
the United States air transportation system to expand and change to meet
this increasing demand is limited.
(3) The aviation industry accounts for more than 10,000,000 jobs in the
United States and contributes approximately $900,000,000,000 annually to
the United States gross domestic product.
(4) The United States air transportation system continues to drive economic
growth in the United States and will continue to be a major economic driver
as air traffic triples over the next 20 years.
(5) The Next Generation Air Transportation System (in this section referred
to as the `NextGen System') is the system for achieving long-term transformation
of the United States air transportation system that focuses on developing
and implementing new technologies and that will set the stage for the long-term
development of a scalable and more flexible air transportation system without
compromising the unprecedented safety record of United States aviation.
(6) The benefits of the NextGen System, in terms of promoting economic growth
and development, are enormous.
(7) The NextGen System will guide the path of the United States air transportation
system in the challenging years ahead.
(b) Sense of Congress- It is the sense of Congress that--
(1) modernizing the air transportation system is a national priority and
the United States must make a commitment to revitalizing this essential
component of the Nation's transportation infrastructure;
(2) one fundamental requirement for the success of the NextGen System is
strong leadership and sufficient resources;
(3) the Joint Planning and Development Office of the Federal Aviation Administration
and the Next Generation Air Transportation System Senior Policy Committee,
each established by Congress in 2003, will lead and facilitate this important
national mission to ensure that the programs and capabilities of the NextGen
System are carefully integrated and aligned;
(4) Government agencies and industry must work together, carefully integrating
and aligning their work to meet the needs of the NextGen System in the development
of budgets, programs, planning, and research;
(5) the Department of Transportation, the Federal Aviation Administration,
the Department of Defense, the Department of Homeland Security, the Department
of Commerce, and the National Aeronautics and Space Administration must
work in cooperation and make transformational improvements to the United
States air transportation infrastructure a priority; and
(6) due to the critical importance of the NextGen System to the economic
and national security of the United States, partner departments and agencies
must be provided with the resources required to complete the implementation
of the NextGen System.
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT
OFFICE.
(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT GENERATION AIR TRANSPORTATION SYSTEM-
Section 709(a) of Vision 100--Century of Aviation Reauthorization Act (49
U.S.C. 40101 note; 117 Stat. 2582) is amended--
(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4),
and (5), respectively; and
(B) by inserting after paragraph (1) the following:
`(2) The director of the Office shall be the Associate Administrator for the
Next Generation Air Transportation System, who shall be appointed by the Administrator
of the Federal Aviation Administration. The Associate Administrator shall
report to the Administrator.'.
(2) RESPONSIBILITIES- Section 709(a)(3) of such Act (as redesignated by
paragraph (1) of this subsection) is amended--
(A) in subparagraph (G) by striking `; and' and inserting a semicolon;
(B) in subparagraph (H) by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(I) establishing specific quantitative goals for the safety, capacity,
efficiency, performance, and environmental impacts of each phase of Next
Generation Air Transportation System implementation activities and measuring
actual operational experience against those goals, taking into account
noise pollution reduction concerns of affected communities to the greatest
extent practicable in establishing the environmental goals;
`(J) working to ensure global interoperability of the Next Generation
Air Transportation System;
`(K) working to ensure the use of weather information and space weather
information in the Next Generation Air Transportation System as soon as
possible;
`(L) overseeing, with the Administrator of the Federal Aviation Administration,
the selection of products or outcomes of research and development activities
that would be moved to the next stage of a demonstration project; and
`(M) maintaining a baseline modeling and simulation environment for testing
and evaluating alternative concepts to satisfy Next Generation Air Transportation
enterprise architecture requirements.'.
(3) COOPERATION WITH OTHER FEDERAL AGENCIES- Section 709(a)(4) of such Act
(as redesignated by paragraph (1) of this subsection) is amended--
(A) by striking `(4)' and inserting `(4)(A)'; and
(B) by adding at the end the following:
`(B) The Secretary of Defense, the Administrator of the National Aeronautics
and Space Administration, the Secretary of Commerce, the Secretary of Homeland
Security, and the head of any other Federal agency from which the Secretary
of Transportation requests assistance under subparagraph (A) shall designate
a senior official in the agency to be responsible for--
`(i) carrying out the activities of the agency relating to the Next Generation
Air Transportation System in coordination with the Office, including the
execution of all aspects of the work of the agency in developing and implementing
the integrated work plan described in subsection (b)(5);
`(ii) serving as a liaison for the agency in activities of the agency relating
to the Next Generation Air Transportation System and coordinating with other
Federal agencies involved in activities relating to the System; and
`(iii) ensuring that the agency meets its obligations as set forth in any
memorandum of understanding executed by or on behalf of the agency relating
to the Next Generation Air Transportation System.
`(C) The head of a Federal agency referred to in subparagraph (B) shall ensure
that--
`(i) the responsibilities of the agency relating to the Next Generation
Air Transportation System are clearly communicated to the senior official
of the agency designated under subparagraph (B); and
`(ii) the performance of the senior official in carrying out the responsibilities
of the agency relating to the Next Generation Air Transportation System
is reflected in the official's annual performance evaluations and compensation.
`(D) The head of a Federal agency referred to in subparagraph (B) shall--
`(i) establish or designate an office within the agency to carry out its
responsibilities under the memorandum of understanding under the supervision
of the designated official; and
`(ii) ensure that the designated official has sufficient budgetary authority
and staff resources to carry out the agency's Next Generation Air Transportation
System responsibilities as set forth in the integrated plan under subsection
(b).
`(E) Not later than 6 months after the date of enactment of this subparagraph,
the head of each Federal agency that has responsibility for carrying out any
activity under the integrated plan under subsection (b) shall execute a memorandum
of understanding with the Office obligating that agency to carry out the activity.'.
(4) COORDINATION WITH OMB- Section 709(a) of such Act (117 Stat. 2582) is
further amended by adding at the end the following:
`(6)(A) The Office shall work with the Director of the Office of Management
and Budget to develop a process whereby the Director will identify projects
related to the Next Generation Air Transportation System across the agencies
referred to in paragraph (4)(A) and consider the Next Generation Air Transportation
System as a unified, cross-agency program.
`(B) The Director, to the maximum extent practicable, shall--
`(I) each Federal agency covered by the plan has sufficient funds requested
in the President's budget, as submitted under section 1105(a) of title
31, United States Code, for each fiscal year covered by the plan to carry
out its responsibilities under the plan; and
`(II) the development and implementation of the Next Generation Air Transportation
System remains on schedule;
`(ii) include, in the President's budget, a statement of the portion of
the estimated budget of each Federal agency covered by the plan that relates
to the activities of the agency under the Next Generation Air Transportation
System initiative; and
`(iii) identify and justify as part of the President's budget submission
any inconsistencies between the plan and amounts requested in the budget.
`(7) The Associate Administrator of the Next Generation Air Transportation
System shall be a voting member of the Joint Resources Council of the Federal
Aviation Administration.'.
(b) Integrated Plan- Section 709(b) of such Act (117 Stat. 2583) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking `meets air' and inserting `meets anticipated future air';
and
(B) by striking `beyond those currently included in the Federal Aviation
Administration's operational evolution plan';
(2) by striking `and' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and inserting `;
and'; and
(4) by adding at the end the following:
`(5) a multiagency integrated work plan for the Next Generation Air Transportation
System that includes--
`(A) an outline of the activities required to achieve the end-state architecture,
as expressed in the concept of operations and enterprise architecture
documents, that identifies each Federal agency or other entity responsible
for each activity in the outline;
`(B) details on a year-by-year basis of specific accomplishments, activities,
research requirements, rulemakings, policy decisions, and other milestones
of progress for each Federal agency or entity conducting activities relating
to the Next Generation Air Transportation System;
`(C) for each element of the Next Generation Air Transportation System,
an outline, on a year-by-year basis, of what is to be accomplished in
that year toward meeting the Next Generation Air Transportation System's
end-state architecture, as expressed in the concept of operations and
enterprise architecture documents, as well as identifying each Federal
agency or other entity that will be responsible for each component of
any research, development, or implementation program;
`(D) an estimate of all necessary expenditures on a year-by-year basis,
including a statement of each Federal agency or entity's responsibility
for costs and available resources, for each stage of development from
the basic research stage through the demonstration and implementation
phase;
`(E) a clear explanation of how each step in the development of the Next
Generation Air Transportation System will lead to the following step and
of the implications of not successfully completing a step in the time
period described in the integrated work plan;
`(F) a transition plan for the implementation of the Next Generation Air
Transpo
