[Senate Report 111-82]
[From the U.S. Government Publishing Office]
111th Congress
1st Session SENATE Report
111-82
_______________________________________________________________________
Calendar No. 168
FAA MODERNIZATION AND SAFETY IMPROVEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1451
September 29, 2009.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota GEORGE LeMIEUX, Florida
TOM UDALL, Colorado MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian Hendricks, Republican Chief Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 168
111th Congress Report
SENATE
1st Session 111-82
======================================================================
FAA MODERNIZATION AND SAFETY IMPROVEMENT ACT
_______
September 29, 2009.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1451]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1451) to modernize the air
traffic control system, improve the safety, reliability, and
availability of transportation by air in the United States,
provide for modernization of the air traffic control system,
reauthorize the Federal Aviation Administration, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in that nature of a substitute and recommends
that the bill (as amended) do pass.
Purpose of the Bill
The FAA Air Transportation Modernization and Safety
Improvement Act, S. 1451, as reported, would (1) reauthorize
the Federal Aviation Administration (FAA) for two years,
including the authorization of funding for the FAA's
Operations, Facilities and Equipment (F&E), Airport Improvement
Program (AIP), and Research, Engineering, and Development
(RE&D) accounts; (2) provide dedicated funding for
modernization of the air transportation system, improve
oversight of the implementation of the Next Generation Air
Transportation System (NextGen), and accelerate key NextGen
technologies in a safe, efficient, and effective manner, (3)
strengthen airline safety programs and FAA oversight of the
industry, (4) bolster programs for traveling consumers and
small community access to air service, and (5) promote
environmental improvements to the National Airspace System
(NAS).
Background and Needs
The primary challenges facing the FAA and the aviation
industry over the next decade are modernizing the FAA's air
traffic control (ATC) system through the implementation of the
NextGen, strengthening airline safety programs and the agency's
oversight of the NAS, and ensuring small community access to
adequate commercial air service. Expanding airport capacity,
ensuring that the agency has enough controllers to operate the
system, and providing adequate funding for the agency are also
key issues. The FAA reauthorization presents an opportunity to
make certain the agency addresses all of these concerns in an
effective and efficient manner.
The FAA employs about 45,000 people and has an annual budget
of approximately $15 billion. It regulates nearly all aspects
of aviation, including safety, manufacturing, and licensing. It
also operates the nation's ATC system, which includes 18,000
controllers and an extensive array of equipment and facilities.
The United States (U.S.) airspace system remains the most
complex network in the world, and its daily operation is one of
the most difficult undertakings in our transportation system.
Each day in the U.S., there are roughly 35,000 commercial
flights, along with substantial general aviation (GA) activity.
Despite the size and complexity of the NAS, U.S. scheduled air
carriers transported over 4 billion commercial passengers with
fewer than 100 passenger fatalities between 2002 and 2008.
The existing air transportation system has been increasingly
stretched to its limits over the past decade and needs to be
modernized to improve capacity and efficiency. According to FAA
statistics, an estimated 760 million passengers flew on U.S.
commercial air carriers in 2008. This compares with 579 million
in 1995 and 395 million in 1985. The FAA expects this figure to
reach 1 billion passengers by 2021. This passenger growth has
increasingly led to congestion and delay problems. In 2007, the
NAS experienced the second worst level of congestion and delay
on record with more than 26 percent of flights arriving late.
Although the number of airline delays receded in 2008, the
average delay time actually increased. These delays come with a
significant economic cost. The Joint Economic Committee
estimates that the cost of domestic air traffic delays to the
American economy in 2007 was approximately $41 billion.
All aviation stakeholders believe that modernization of the
NAS must occur. The current ATC system simply does not have the
capacity to accommodate projected traffic growth in a safe and
efficient manner. The ATC system employed by the FAA is based
on outdated technology, relying on ground-based radar systems,
voice communications, and fragmented weather forecast services.
To ensure safety, operations are often restricted and there is
limited flexibility to deal with adverse weather conditions or
other problematic events. Moreover, problems that develop in
one sector of the system often cascade throughout the entire
NAS. For example, congestion and delay in New York City quickly
affect traffic in Chicago, Atlanta, Seattle, and Los Angeles.
Small communities are hit particularly hard under these
circumstances, as airlines often cut those routes first when
capacity becomes limited.
The FAA's NextGen initiative is intended to address these
issues by fundamentally transforming the current ATC system and
the way air traffic is managed. Through the development and
integration of Global Positioning System (GPS) based navigation
and surveillance, digital communications, and more accurate
weather services, NextGen provides substantial operational,
environmental, and safety benefits. More precise aircraft
tracking and automated digital communications permit
controllers and pilots to route flights throughout the entire
airspace. Thus, aircraft are not limited to established flight
paths required under the current system, which expands capacity
and allows pilots to take more direct routes that result in
lower fuel burn and fewer emissions. This flexibility, combined
with better weather forecasting, will enable the system to re-
route aircraft around trouble spots and avoid many delays. Most
importantly, the precision of NextGen improves safety by
increasing the situational awareness of controllers and pilots.
With NextGen, both pilots and controllers will have virtual
maps in front of them displaying other flights and weather that
provide real-time information to navigate aircraft more safely
and efficiently.
The FAA has made progress on ATC modernization, however,
there is continuing concern about the speed of NextGen
development and implementation as the bulk of FAA's efforts to
date have fallen within the planning and development phase.
Many stakeholders would like the integration of existing
NextGen technologies accelerated, such as Required Navigation
Performance (RNP) and Area Navigation (RNAV). The
Administration has proposed $865 million for NextGen for the
FAA's fiscal year (FY) 2010 budget, but it is unclear which
specific programs this money will be spent on. While there is
significant uncertainty over exact figures, the estimated cost
of the modernization of the nation's ATC system ranges between
$15 and $20 billion, or roughly $1 to $2 billion annually over
the next 15 years. Industry estimates the price tag for
equipping aircraft will be in a similar range. All industry
stakeholders have expressed support for modernization efforts,
but some have raised concerns regarding the potential scope of
its implementation, unclear equipage standards, and the FAA's
ability to lead and coordinate the effort, in addition to the
pace of modernization.
While the U.S. aviation industry has been experiencing the
safest period in its history, the FAA has also been confronted
by significant safety issues over the past two years. In 2008,
the FAA discovered one airline had operated 46 aircraft that
had not received all safety inspections required by
airworthiness directives (ADs) issued by the agency. Subsequent
to this, an additional 38 aircraft at the air carrier were
grounded while FAA reviewed whether those aircraft complied
with other AD safety requirements. Due to those incidents, the
FAA began auditing the safety documentation at all airlines to
determine if there were systemic problems throughout the entire
Air Transportation Oversight System (ATOS). Results from this
audit revealed that air carriers have complied in more than 99
percent of the cases examined. Two additional air carriers,
however, were forced to briefly ground more than 400 planes
while specific wiring was reviewed for AD compliance, which
caused substantial disruptions for hundreds of thousands of
passengers. The inspections revealed that there were cases in
which some aircraft were not in compliance, but were
characterized by the FAA as resulting from ambiguities
regarding application of the AD, rather than clear cases of
non-compliance. These incidents, however, raised broader
questions about FAA's oversight of air carriers and led the
agency to adopt several reforms to its inspection and
enforcement operations.
Earlier this year, the crash of Flight 3407 on February 12,
2009, in Buffalo, NY, further demonstrated the need to
continually review and improve the safety of the air
transportation system. The accident of Flight 3407, which
resulted in 50 fatalities, was the worst U.S. aviation incident
in more than seven years. While the investigation of the
accident is not yet complete, public hearings held by the
National Transportation Safety Board (NTSB) and recent
Congressional hearings highlighted several factors that may
have contributed to the accident, including: pilot experience
and training, crew fatigue and commuting, and consistency of
the safety practices between regional and major air carriers.
A key issue identified is whether all air carriers operate at
``one level of safety'' promoted by the FAA. Although all
carriers must comply with Federal standards, each individual
carrier implements the requirements through the operation of
its own unique internal safety systems. For example, many air
carriers' safety practices include an Aviation Safety Action
Program (ASAP), a Flight Operational Quality Assurance (FOQA)
program, and Line Operations Safety Audits (LOSA). None of
these programs are required by the Federal Aviation Regulations
(FARs), but have the potential to significantly increase the
safety of the air carrier and the NAS. Thus, while all air
carriers meet Federal standards, how airlines train pilots and
manage employees may differ. Some industry experts suggest that
these additional programs operated by major airlines make their
overall safety systems more developed and extensive than those
of regional airlines.
Preliminary evidence from the crash of Flight 3407 suggests
the pilots may not have been trained adequately. While the FAA
has minimum training requirements that an air carrier must
provide for its pilots, there are differences in the quality
and comprehensiveness of these training programs. Air carriers
provide a variety of different types of training to their
pilots, including initial training for their new hires, initial
training on equipment, transition training, upgrade training,
recurrent training, and requalification training. Because many
pilots view the regional airlines as a stepping-stone to the
majors, there is often high turnover among their pilots. Many
industry observers point to this as a reason that regional
airlines do not have as much incentive to invest in extensive
training for their pilots as the major airlines do.
Several other aviation safety issues have raised continued
Congressional interest. Air traffic controller staffing has
been an on-going concern, with some questioning the extent to
which controller fatigue may play a role in runway incursions
and operational errors. Additional interest has centered on the
FAA's oversight of aircraft repair stations, particularly those
located overseas, and the adequacy of inspector staffing to
address increased use of contract maintenance facilities.
Additionally, there is interest in making certain the FAA
adequately addresses NTSB safety recommendations.
Ensuring small communities have access to commercial air
service continues to be a challenge for the Department of
Transportation (DOT). The Essential Air Service (EAS) program
was created as part of airline deregulation legislation in the
late 1970's to require that all communities that had received
scheduled commercial air service prior to deregulation would
continue to receive such service. The need for EAS funding in
communities throughout the nation has grown, particularly since
2001. The weakened financial condition of most major U.S.
airlines after 9/11, the current economic crisis, and
volatility in oil prices have led to service cutbacks. It is
difficult for airlines to operate profitably in small markets
with smaller airports and a limited population base. As a
result, air carriers increasingly focus the vast majority of
their service at the nation's largest airports and markets, and
have eliminated service to small communities.
As the need for financial support to maintain air service in
some small communities has grown, pressure has increased within
the Federal government to develop incentives and alternatives
to improve the program. The Administration is seeking to
increase EAS funding in its FY 2010 budget proposal to a total
of $175 million. Congress has continued to look for solutions
that would improve the fiscal stability of the EAS program. The
Senate Commerce Committee held a symposium in 2007 to discuss
ideas to address the problems identified by stakeholders, and
the Government Accountability Office (GAO) has released a study
of the issues and potential solutions. Several proposals have
been put forward to improve the economics of the program,
including reducing service level requirements, modifying
aircraft requirements, and permitting greater DOT discretion in
negotiating contracts. Many stakeholders, however, believe that
while these proposals have some merit, the economics of small
community air service will still require greater funding if all
eligible communities are to continue receiving scheduled air
service.
Summary of Provisions
TITLE I--AUTHORIZATIONS
Title I would reauthorize all of the FAA's four major
accounts: Operations; RE&D; F&E; and the AIP through FY 2011.
Airport program administrative expenses would also be
authorized in this legislation. Table 1 provides details of the
exact proposed authorized amounts:
Table 1: Proposed Authorized Amounts for FAA Major Accounts (in millions
of dollars)
------------------------------------------------------------------------
Account 2010 2011
------------------------------------------------------------------------
Operations............................ 9,336 9,620
Research, Engineering & Development... 200 206
Facilities & Equipment................ 3,500 3,600
Airport Improvement Program........... 4,000 4,100
------------------------------------------------------------------------
The authorized amount for Operations would be consistent with
the Administration's proposal for the account in FY 2010, with
a 3 percent increase to adjust for the rate of inflation in FY
2011. The authorizations for F&E, RE&D, and AIP would be set at
levels higher than the Administration's proposal to ensure
modernization needs are met. The budgetary protections for
FAA's authorized budget would also be extended through FY 2011.
Title I would also direct $500 million from the newly created
ATC System Modernization Account to be included in the F&E
budget. Funds from this modernization account would only be
used to support the development and implementation of the
NextGen programs that advance the modernization of the ATC
system. The purpose of the modernization sub-account, which was
established within the Airport and Airways Trust Fund (AATF, or
Trust Fund), would be to ensure there is adequate funding
available for NextGen programs by directing the first $500
million in annual AATF receipts to be deposited in the
modernization sub-account.
Other provisions included in the title would require the FAA
to clearly identify NextGen programs and spending in the
agency's 10-year investment plan, and broaden the FAA's grant
program for undergraduate students conducting research aimed at
supporting the FAA, including those that impact new
technologies related to aircraft and air traffic management
functions.
TITLE II--AIRPORT IMPROVEMENTS
Title II focuses on the AIP and the Passenger Facility Charge
(PFC) programs, and proposes a number of new initiatives to aid
airport development. It would streamline the PFC process by
simplifying approval requirements for imposing or amending
PFCs, while still retaining audit controls, and FAA project and
expenditure oversight. Additional requirements would be imposed
on increasing PFC's or using the revenue for inter-modal
projects. This process is based on a successful pilot program
for streamlining the PFC process authorized in the last FAA
Reauthorization bill enacted into law, Vision 100.
The title would not change or increase the maximum allowable
PFCs that are currently permitted under the program's
authority. To assess potential improvements to the PFC program,
it would direct the Secretary of Transportation to establish
and conduct a pilot program in which an airport may impose a
PFC without regard to dollar amount limitations if that airport
collects the charge directly from passengers at the airport,
via the Internet, or in any other reasonable manner. The same
eligibility and oversight criteria applied under the regular
PFC authority would also apply to this pilot program, which
would be limited to six airports, and the airport may not
collect the charge through an air carrier.
To address airport infrastructure needs through the AIP,
Title II would provide flexibility to use entitlement funds for
relocation or replacement of facilities under certain
circumstances, and would allow airports to sell land that is no
longer needed for noise compatibility purposes and use the
proceeds for other AIP projects at that facility rather than
putting the money back into the Trust Fund. It would also
provide increased Federal support for small airports by
adjusting the government share of certain project costs to 95
percent, and would allow small airports with increased
operations to receive a higher Federal grant share for two
years as they transition to a larger airport status. Other
provisions include:
An increase in the AIP noise set-aside to $300
million annually and expansion of project eligibility
requirements.
Broader authority for AIP funds to be utilized to
streamline environmental reviews for airport capacity
projects, and to encourage the implementation of
environmentally-beneficial aircraft flight procedures.
Technical edits to the AIP that include adding
veterans from the Afghanistan/Iraq conflict to the list
of veterans eligible for employment preference on AIP
projects.
Title II would also (1) allow current or former military
airports to be eligible for grant funding if an airport is
found to be critical to the safety of trans-oceanic air
traffic, (2) direct the FAA Administrator to provide a certain
level of AIP funding for U.S. territories, and (3) make certain
projects incurred in anticipation of severe weather or the
acquisition of glycol recovery vehicles eligible for airport
development funding.
In an effort to promote environmental benefits at airports,
Title II would establish a pilot program that permits the FAA
to carry out a limited number of environmental mitigation
projects at public-use airports focused on achieving reductions
in aircraft noise, airport emissions, or airport water quality
impacts. It would also expand the type of research that the FAA
may conduct or supervise to include support programs designed
to reduce gases and particulates emitted from aircraft engines.
TITLE III--ATC MODERNIZATION AND FAA REFORM
Title III focuses on advancing the NextGen initiative and
improving FAA management practices and oversight of the
agency's modernization efforts. If fully implemented, NextGen
would fundamentally transform ATC from a ground-based radar
system to a satellite-based system that uses GPS navigation and
surveillance, digital communications, and more accurate weather
services.
The primary purpose of Title III would be to accelerate the
planning and implementation of critical NextGen technology. To
this end, it would establish clear deadlines for the adoption
of existing GPS navigation technology including RNP and RNAV,
which would allow aircraft to fly precise procedures into and
out of airports, and in the ``en route'' environment. Title III
would initially require the FAA to focus these efforts on the
nation's most congested airports, mandating 100 percent RNP/
RNAV coverage at the top 35 airports by 2014. The entire NAS
would be required to accommodate RNP/RNAV technology by 2018.
The title also directs the FAA to accelerate planned
timelines for integrating Automatic Dependent Surveillance-
Broadcast (ADS-B) technology into the NAS. ADS-B is considered
the cornerstone GPS technology of the NextGen system and would
provide substantial operational, environmental, and safety
benefits by increasing the situational awareness of controllers
and pilots through more precise aircraft tracking. FAA would be
required to mandate the use of ``ADS-B Out'' technology, which
permits the broadcast of ADS-B transmissions from aircraft to
air traffic control, on all aircraft by 2015. The FAA would
also be required to initiate a rulemaking that mandates the use
of ``ADS-B In'' technology, which allows aircraft to receive
ADS-B data on cockpit displays, on all aircraft by 2018.
To strengthen stakeholder support for the objectives of
NextGen, the FAA would be required to report to Congress with
specific plans for implementation of ADS-B ground station
infrastructure, milestones for transitioning these new
capabilities into the NAS, detailed schedules for air-to-air
applications, and baseline metrics to measure the agency's
progress. In addition, the title directs the agency to identify
possible incentives for equipping aircraft with ADS-B
technology and the development of performance metrics that
track the annual performance of the NAS, in detail, after the
identification of optimal baselines.
Title III would also establish an Air Traffic Control
Modernization Oversight Board to provide specific oversight of
FAA's modernization activities. The Board's responsibilities
would include providing advice on strategic plans for FAA
modernization, approving modernization expenditures in excess
of $100 million, and approving selections of the leaders for
the Air Traffic Organization (ATO) and the Joint Planning and
Development Office (JPDO). The Board would be composed of ten
members: the FAA Administrator, a Department of Defense (DOD)
representative, one member representing the public interest,
one Chief Executive Officer (CEO) of an airport, one CEO of a
passenger or cargo airline, one member representing FAA
employees involved with the operation of the ATC system, one
member representing FAA employees involved with the maintenance
of the ATC system, one aircraft manufacturer representative,
and one GA representative. This Board would replace the FAA's
Management Advisory Committee and its ATC subcommittee.
Title III seeks further accountability for modernization at
the FAA through the creation of a Chief NextGen Officer
position to be designated by the FAA Administrator. This
individual would be tasked with responsibility for
implementation and coordination of all Administration programs
associated with NextGen, and would be a tenth, ex-officio
member of the ATC Modernization Oversight Board.
Another step included in the title to strengthen government
accountability for NextGen is a requirement that all Federal
agencies participating in the airspace modernization effort
designate a single office to be responsible for carrying out
NextGen responsibilities within their Departments. This
includes the DOD, the National Aeronautics and Space
Administration (NASA), the Department of Commerce (DOC), and
the Department of Homeland Security (DHS). This provision also
seeks to improve communication and cooperation between each
agency.
To address the matter of ATC facility realignment or
consolidation as the airspace system is modernized, Title III
would require the FAA to create a specific process to complete
a comprehensive study of this matter. This analysis would
consider the agency's facility needs and how it may best move
forward on realignment to help reduce capital, operating and
maintenance costs, while still ensuring the safety of the air
transportation system. Title III would also require the
development of a process to include representatives of Federal
employees in the planning of ATC modernization projects, and to
take specific considerations into account if entering into
agreements with non-government providers of NextGen air traffic
services. A task force on ATC facilities would also be created
to consider the condition of such facilities nationally and
make recommendations to FAA, which would develop a plan to
address their concerns.
To ensure contracts cannot be ``imposed'' on FAA workforces
in the future, Title III would set up a new process to make
certain collective bargaining disputes at the FAA are
adequately resolved. The FAA Administrator and employees'
unions would first be required to use the mediation services of
the Federal Mediation and Conciliation Service (FMCS) if an
impasse is reached during the collective bargaining process. If
mediation fails, the FAA Administrator and the employees' union
would be required to use the Federal Services Impasses Panel
(FSIP) to resolve their issues through binding arbitration by a
private arbitration board consisting of three members.
Decisions of the arbitrators would be reached within 90 days of
appointment and would be conclusive and binding.
The title would further direct the FAA to move forward on a
number of initiatives associated with NextGen, including the
following:
Developing a plan to accelerate the certification
of NextGen technologies.
Facilitating the integration of unmanned aerial
systems (UASs) into the NAS, including a pilot program
at four test sites in the U.S. by 2012.
Creating a Surface Systems Program Office to
evaluate and implement airport surface detection
technology.
Establishing a pilot program that permits the FAA
to work with up to five States to establish ADS-B
equipage banks for making loans to help facilitate
equipage of aircraft locally.
In addition, there are technical changes regarding FAA
management, the FAA's ability to enter into reimbursable
agreements, FAA acquisition authority, management of property,
providing assistance to foreign aviation authorities, and
employee benefits.
TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY SERVICE IMPROVEMENTS
Title IV focuses on improving airline service and small
community access to air service. Airline service provisions
would require air carriers and airport operators to develop
contingency plans to handle situations in which a flight is
substantially delayed on the tarmac while passengers are
confined to an aircraft. The plan would have to outline how the
airline will ensure the passengers are provided (1) adequate
food, potable water, and restroom facilities, and (2) timely
and accurate information regarding the status of the flight.
This plan would be filed with the DOT, which would be required
to make the information publicly available. Under the plan, the
air carrier would be required to provide the passengers with
the option to deplane after three hours have elapsed, unless
the pilot determines the flight will leave within 30 minutes
after the three hour delay or that there is a safety or
security concern with doing so.
The airline service provisions also mandate improved
disclosure of flight information to passengers when purchasing
tickets. Airlines would be required to post the on-time
performance of chronically delayed or cancelled flights on
their website--including delays, diversions and cancellations--
updated on a monthly basis. Chronically delayed or cancelled
flights would also be identified by the airline when a customer
is booking a ticket on a website, prior to purchase. The title
would further direct the DOT to expand the breadth of subjects
it considers for airline consumer complaint investigations, and
would establish an advisory committee for aviation consumer
protection to advise the Secretary of Transportation in
carrying out air passenger service improvements. The DOT would
also be required to complete a rulemaking directing air
carriers to provide the public with a list of passenger
charges, besides airfare (i.e. baggage fees, meal fees, etc.),
that may be imposed by the air carrier. Air carriers would be
required to update the list every 90 days unless there is no
increase in the amount or type of fees.
Title IV provisions also propose a number of improvements to
the EAS program and the Small Community Air Service Development
Program (SCASDP). Authorized funding for EAS would be increased
to $175 million annually, a $48 million increase, through FY
2011. The SCASDP would be authorized at $35 million annually
through FY 2011. Other provisions aimed at improving service to
EAS communities include incorporation of financial incentives
into contracts with EAS carriers to encourage better service,
longer-term EAS contracts if it is determined to be in the
public interest, development of a program to create incentives
for large carriers to code-share on service to small
communities, and requiring large airlines to code-share on EAS
flights in up to 10 communities.
Additional proposed EAS reforms include allowing an air
carrier to provide service to a desired location, regardless of
that location's per passenger subsidy level, if a State or
local government is willing to pay the difference between the
per passenger subsidy and the allowable dollar amount for such
subsidy. It also authorizes a State or local government to
submit a proposal for a preferred air carrier service if the
State or local government is willing to pay the difference
between the lowest bid and the preferred air carrier. The title
would further require the establishment of an Office of Rural
Aviation within DOT to focus on the development of longer-term
EAS contracts and to review and compare air carrier
applications for EAS service from different communities.
Other provisions in this title include allowing AIP funding
to be used for converting an EAS airport into a GA airport if
the EAS community exits the program, increasing funding for
contract towers that benefit small communities, and modifying
language governing disputes between EAS communities and their
air service providers.
TITLE V--AVIATION SAFETY
Title V proposes measures to address various aviation safety
matters. Among these are several provisions that target
particular problem areas identified by the NTSB, including a
requirement that FAA develop a plan to provide runway incursion
information to pilots in the cockpit by December 31, 2009, and
initiate an improved process for tracking and investigating
runway incursions and operational errors. Two fatigue
initiatives are also proposed that focus on the impact of
fatigue on flight deck and cabin crews. One initiative would
require a National Academy of Sciences study that would
consider the latest research on fatigue, circadian rhythms and
international standards. The FAA would have to apply this study
to its required rulemaking on flight time limitation and rest
requirements for pilots. A second provision would require the
FAA to implement the findings of a flight attendant fatigue
study performed by the Civil Aerospace Medical Institute.
This title also seeks to improve safety for air emergency
medical service operators and their patients by mandating an
FAA rulemaking to require the use of a standardized checklist
of risk factors when determining whether a mission should be
initiated, and the creation of a standardized flight dispatch
procedure for these operators. It would require emergency
medical aircraft to have a terrain awareness and warning system
on board within one year after the date of enactment, and the
initiation of a rulemaking to require the use of flight data
and cockpit voice recorders on board these aircraft.
Title V includes provisions to ensure consistency in
commercial air carriers' implementation of ADs. Among the
corrective actions it would take are (1) improving the FAA's
voluntary disclosure reporting process to ensure adequate
actions are being taken in response to such reports, (2)
adopting procedural improvements for inspections that prohibit,
for three years, FAA inspectors from leaving the agency to work
for the air carrier for which they had oversight, (3) an
independent review of safety issues, on an annual basis, by the
Department of Transportation Office of the Inspector General
(DOT IG) to investigate air safety concerns identified by
employees and reported to the FAA, (4) creation of a national
review team to conduct periodic, random reviews of the FAA's
oversight of air carriers, (5) establishment of an Aviation
Safety Whistleblower Investigation Office to consider
complaints and make recommendations for corrective actions, and
(6) creation of a process by which the current ATOS database is
reviewed on a monthly basis to assess trends and take
appropriate corrective action.
Title V would initiate a comprehensive review of the FAA's
ATC Academy and facility training efforts for the air traffic
controller workforce. It would require the FAA to clarify
responsibility and direction of the facility training program
at the national level and establish standards to identify the
number of developmental controllers that can be accommodated by
each facility. For the flight attendant workforce, it would
require the FAA to move forward on efforts to apply
Occupational Safety and Health Administration (OSHA)
requirements to crewmembers while working in the aircraft. It
would also require that flight attendants working in the U.S.
be proficient in English language skills.
Other provisions in the title would provide FAA continued
access to criminal history databases to perform critical safety
and security functions, and access to abandoned type
certificates and supplemental type certificates to improve FAA
safety reviews. It would further require the FAA to issue a
final rule regarding re-registration and renewal of aircraft
registration to promote the accuracy of the FAA's aircraft
registry. Other provisions in this section would extend the
timeline for FAA to begin to issue design organization
certificates and allow for the use of third party contractors
in the development and implementation of performance based
navigation procedures.
In an effort to take steps to ensure ``one level of safety''
exists across all commercial aircraft operations, the title
mandates that all carriers adopt ASAP, FOQA, and LOSA programs,
and promotes cooperation among carriers to share best practices
and other critical safety information. Other actions would
include: (1) requiring air carriers to examine a pilot's
complete history when deciding whether to hire a pilot; (2)
annual reporting on the implementation of NTSB recommendations;
(3) the evaluation of flight crew training, testing and
certification requirements; and (4) requiring biennial
inspections of pilot training schools and annual inspections of
regional air carriers.
Title V would also require the FAA to ensure that FAA-
certified repair stations outside the U.S. performing work on
U.S. commercial air carriers have drug and alcohol testing
programs in place that are acceptable to the FAA and the laws
of the country in which the station is located. It would also
mandate that all part 145 repair stations, in foreign countries
with which the U.S. does not have a maintenance safety or
maintenance implementation agreement, be inspected twice each
year by FAA safety inspectors. The use of FAA inspectors would
not be required if there is a bilateral aviation safety
agreement in place that allows for comparable inspection by
local authorities. Similarly, Title V would also direct the FAA
to issue regulations that limit the ability of a non-
certificated maintenance provider to be able to work on the
aircraft of part 121 air carriers to several limited
exceptions--all of which require the supervision or work in
conjunction with the employees of a certificated repair station
or air carrier.
TITLE VI--AVIATION RESEARCH
Title VI is focused on improving the research activities of
the FAA and promoting environmental benefits for the aviation
industry. It proposes several new research efforts, as follows:
Evaluation of proposals to address wake turbulence
effects, volcanic ash avoidance, and severe weather
research (including de-icing).
Establishment of a Center of Excellence to study
the use of clean coal technology for aircraft.
Creation of the ``Advisory Committee on the Future
of Aeronautics'' to examine the best governmental and
organizational structures for aeronautics research and
development.
Implementation of a research program to evaluate
aircraft cabin air quality.
The title would also extend a program to authorize grants
to nonprofit research foundations to improve the construction
and durability of runway pavements, and reauthorize funding for
an Applied Research and Training Center of Excellence.
Other programs in Title VI seek to reduce the impact of
aviation on the environment, including the following:
A permanent authorization for the Airport
Cooperative Research pilot program, which conducts
environmental and other research.
Establishment of a consortium to study the
reduction of civilian aircraft noise, emissions, and
energy.
Requiring the FAA to consider and issue guidelines
for the construction of wind farms in the proximity of
critical FAA facilities.
Creation of a program to reduce harmful emissions
from airport power sources and increase energy
efficiency.
Establishment of a pilot program to promote zero
emissions from airport vehicles.
Another aviation research program is centered on
incorporating UASs into the NAS. It would permit the FAA to
conduct developmental research on UASs and would direct the
agency to assess UAS capabilities.
The title would also authorize funding for two environmental
initiatives currently underway at the agency: (1) the
Continuous, Low Energy, Emissions and Noise (CLEEN) program and
(2) the Commercial Aviation Alternative Fuel Initiative
(CAAFI). The CLEEN program would focus on expediting the
integration of previously conceived noise, emission, and fuel
burn reduction technologies into current and future aircraft.
The CAAFI program would focus on developing alternative fuels,
especially renewable fuels, that can be used in existing
aircraft engines.
TITLE VII--MISCELLANEOUS
Title VII contains the following provisions:
An extension of the war-risk insurance program.
A human intervention management study for flight
crews.
Staffing, training and net worth adjustments for
the airport concessions disadvantaged business
enterprise initiative.
A requirement for FAA to update its calculation of
over-flight fees.
A required GAO study of training for technical
specialists.
A permanent extension of the competitive access
report program for airports.
Allowing air tour over flights of national parks
upon completion of a voluntary agreement between
operators and the park.
A phase out of Stage I and II aircraft in the
continental U.S.
A prohibition on the FAA taking action to challenge
aircraft weight restrictions imposed locally at New
Jersey's Teterboro Airport.
A pilot program for the redevelopment of airport
properties.
Adjustments to permit for the air transportation of
certain musical instruments.
Adding a plan for recycling to the definition of
airport planning requirements.
Miscellaneous program extensions and technical
corrections.
Legislative History
Chairman Rockefeller and Ranking Member Hutchison, along with
Senators Dorgan and DeMint, introduced S. 1451, the FAA Air
Transportation Modernization and Safety Improvement Act, on
July 14, 2009. The Committee held a series of hearings on
reauthorizing the FAA in the 109th and 110th Congresses in
preparation for the bill. These hearings were followed up by
several hearings in the 111th Congress that were focused on the
modernization and safety of the air transportation system. On
March 25, 2009, a hearing was held on ``FAA Reauthorization--
NextGen and the Benefits of Modernization'', at which
representatives from the FAA, the GAO, a labor union, an
airline, and an aircraft manufacturer testified. On May 13,
2009, a hearing was held on ``The Reauthorization of the FAA:
Perspectives of Aviation Stakeholders'', at which
representatives from airports, manufacturers, airlines, GA, and
labor unions testified. On June 10, 2009, a hearing was held on
``Aviation Safety: The FAA's Role in the Oversight of
Commercial Air Carriers'', at which representatives from the
FAA, the NTSB, the DOT IG, and the Flight Safety Foundation
testified. On June 17, 2009, a hearing was held on ``Aviation
Safety: The Role and Responsibility of Commercial Air Carriers
and Employees'', at which representatives from the major
airlines, the regional airlines, airline pilots, and the
Families of Flight 3407 testified. On August 6, 2009, a hearing
was held on ``Aviation Safety: The Relationship between Network
Airlines and Regional Airlines'', at which representatives from
the major airlines and regional airlines testified.
On July 21, 2009, the Committee met in Executive Session
during which S. 1451 was considered. A substitute manager's
amendment that made technical and perfecting changes to the
provisions of S. 1451 was offered and approved by voice vote.
Technical fixes and modifications included in the manager's
amendment included provisions that would (1) modify the
composition of the Air Traffic Modernization Board, (2) require
a study on mobile telemetry, (3) update and modify provisions
in the bill pertaining to UASs, (4) extend airline review of
pilot records from the previous 10 years to all records, (5)
express Congressional findings on the Disadvantaged Business
Enterprise (DBE) program, (6) require an FAA study on air cabin
quality, (7) modify foreign repair station inspection
requirements, (8) require the FAA to study the effectiveness of
bird-detecting radar systems, (9) strengthen privacy
protections for pilot records, (10) modify provisions in the
bill for research on reducing aircraft noise, emissions, and
energy consumption, (11) implement DOT IG recommendations on
ATC staffing, (12) modify Air Traffic Control Contract Program
reimbursement requirements, (13) make certain the FAA
Administrator implement NextGen in a manner that permits the
adoption of novel or currently unknown technologies, (14)
continue AIP funding for certain airports, (15) modify
requirements for the National Review Team, (16) include
disabled veterans in the DBE program, (17) require a GAO study
on helicopter emergency medical services, (18) require
operators of helicopter emergency medical services to report
certain information, (19) modify provisions related to the
consolidation of terminal radar approach and control facilities
(TRACONs), (20) require flight attendant training for serving
alcohol and dealing with disruptive passengers, and (21) repeal
certain limitations on AIP funding for the Metropolitan
Washington Airports Authority.
In addition to the manager's amendment, 5 amendments were
offered during the Executive Session, all related to slot
exemptions at Ronald Reagan Washington National Airport (DCA).
Senator Ensign offered 3 amendments: a first-degree slot
amendment that would allow an airline to use any within-
perimeter slot currently used for a flight to a large-hub
airport to convert that slot and use it for a beyond-perimeter
flight; another first-degree amendment that mirrored the first
amendment offered, but also added 10 additional beyond-
perimeter slot exemptions; and a second-degree amendment that
modified Senator Cantwell's first-degree slot amendment.
Senator Ensign subsequently withdrew all 3 amendments. Senator
Cantwell offered a first-degree amendment that would have added
12 additional beyond-perimeter slot exemptions and 8 additional
within-perimeter slot exemptions. Senator Warner offered a
second-degree amendment that limited the additional beyond-
perimeter slot exemptions proposed in Senator Cantwell's
amendment, and eliminated the additional within-perimeter
slots. Before offering her first-degree amendment, which was
defeated by voice vote, Senator Cantwell offered a modified
version of that amendment. By rollcall vote of 12 yeas and 13
nays as follows, the modified amendment was defeated:
YEAS--12 NAYS--13
Mr. Inouye\1\ (HI) Ms. Kerry\1\ (MA)
Mr. Dorgan (ND) Mr. Pryor\1\ (AR)
Mrs. Boxer (CA) Ms. Klobuchar (MN)
Mr. Nelson (FL) Mrs. Hutchison (TX)
Ms. Cantwell (WA) Ms. Snowe\1\ (ME)
Mr. Lautenberg (NJ) Mr. Ensign (NV)
Mrs. McCaskill (MO) Mr. DeMint (SC)
Mr. Udall (NM) Mr. Thune\1\ (SD)
Mr. Warner (VA) Mr. Isakson (GA)
Mr. Begich (AK) Mr. Vitter (LA)
Mr. Rockefeller (WV) Mr. Brownback (KS)
Mr. Johanns(NE) Mr. Martinez (FL)
\1\By proxy
Staff assigned to this legislation are Gael Sullivan,
Democratic Professional Staff Member, Rich Swayze, Democratic
Professional Staff Member, and Jarrod Thompson, Republican
Senior Professional Staff Member for Aviation.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
September 17, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1451, the FAA Air
Transportation Modernization and Safety Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1451--FAA Air Transportation Modernization and Safety Improvement
Act
Summary: S. 1451 would authorize appropriations, mainly
over the 2010-2011 period, for activities of the Federal
Aviation Administration (FAA) and other federal programs
related to aviation. Provisions of the legislation also would
affect direct spending and revenues. CBO and the Joint
Committee on Taxation (JCT) estimate that implementing S. 1451
would:
Increase discretionary spending by $27.9
billion over the 2010-2014 period;
Reduce net direct spending by $67 million
over the 2010-2014 period and increase it by $283
million over the 2010-2019 period; and
Reduce revenues by $6 million over the 2010-
2014 period and $150 million over the 2010-2019 period.
Enacting those provisions that would affect direct spending
and revenues would reduce future deficits by $61 million over
the 2010-2014 period and increase them by $433 million over the
2010-2019 period.
S. 1451 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
because it would impose new requirements on both public and
private entities that own aircraft, helicopters, or airports.
The bill also would require state and local governments to
provide the FAA with access to data on certain criminal
activity. CBO estimates that the aggregate cost of the
intergovernmental mandates in the bill would fall below the
annual threshold established in UMRA ($69 million in 2009,
adjusted annually for inflation). In addition, the bill would
impose private-sector mandates on owners and operators of
certain aircraft, and commercial air carriers. Based on
information from the FAA and industry sources, CBO estimates
that the aggregate cost of complying with the private-sector
mandates in the bill would exceed the annual threshold
established in UMRA ($139 million in 2009, adjusted annually
for inflation).
Estimated cost to the federal government: The estimated
budgetary impact of S. 1451 is shown in Table 1. The costs of
this legislation fall primarily within budget function 400
(transportation).
Basis of estimate: For this estimate, CBO assumes that S.
1451 will be enacted near the start of fiscal year 2010. Outlay
estimates are based on historical spending patterns for
affected programs and on information provided by the Department
of Transportation (DOT) and the FAA.
Spending subject to appropriation
S. 1451 would authorize appropriations, mainly over the
2010-2011 period, for the FAA and other federal programs
related to aviation. We estimate that fully funding S. 1451
would increase discretionary spending by $27.9 billion over the
2010-2014 period, primarily for major programs administered by
the FAA. That estimate assumes that amounts authorized and
estimated to be necessary for later years are provided near the
start of each fiscal year.
FAA operations. S. 1451 would authorize appropriations
totaling about $19.0 billion over the 2010-2011 period for FAA
operations, particularly for salaries and expenses related to
operating the air traffic control system. (Slightly more than
$9.0 billion for FAA operations was appropriated for 2009.)
Assuming appropriation of the authorized amounts, CBO estimates
that fully funding FAA operations as authorized in S. 1451
would result in additional spending totaling about $19.0
billion over the 2010-2014 period.
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1451
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
----------------------------------------------------------------
2009 2010 2011 2012 2013 2014 2009-2014
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority/Authorization Level\a\.... 13,360 127 77 77 77 77 13,795
Estimated Outlays\b\....................... 15,775 6,570 5,120 4,407 4,116 4,041 40,029
Proposed Changes:
FAA Operations:
Authorization Level.................... 0 9,336 9,620 0 0 0 18,956
Estimated Outlays...................... 0 8,309 9,589 1,058 0 0 18,956
Air Navigation Facilities and Equipment:
Authorization Level.................... 0 3,500 3,600 0 0 0 7,100
Estimated Outlays...................... 0 1,855 2,783 1,425 750 251 7,064
Airport Improvement Program:\c\
Authorization Level.................... 0 0 0 0 0 0 0
Estimated Outlays...................... 0 73 169 250 290 311 1,093
Research Engineering and Development:
Authorization Level.................... 0 200 206 0 0 0 406
Estimated Outlays...................... 0 106 177 92 27 4 406
Essential Air Service:
Authorization Level.................... 0 48 48 48 48 48 240
Estimated Outlays...................... 0 38 48 48 48 48 230
Other Provisions:
Estimated Authorization Level.......... 0 78 63 28 27 27 223
Estimated Outlays...................... 0 46 51 32 27 27 183
Total Changes:
Estimated Authorization Level...... 0 13,162 13,537 76 75 75 26,925
Estimated Outlays.................. 0 10,427 12,817 2,905 1,142 641 27,932
Spending Under S. 1451:
Estimated Authorization Level.............. 13,360 13,289 13,614 153 152 152 40,720
Estimated Outlays.......................... 15,775 16,997 17,937 7,312 5,258 4,682 67,961
DIRECT SPENDING
Spending Under Current Law:
Estimated Budget Authority\c\.............. 3,870 3,870 3,870 3,870 3,870 3,870 23,220
Estimated Outlays.......................... 50 50 50 50 50 50 300
Proposed Changes:
Estimated Budget Authority................. 0 180 299 294 280 180 1,233
Estimated Outlays.......................... 0 0 15 15 3 -100 -67
Spending Under S. 1451:\d\
Estimated Authorization Level.............. 3,870 4,050 4,169 4,164 4,150 4,050 24,453
Estimated Outlays.......................... 50 50 65 65 53 -50 233
CHANGES IN REVENUES
Estimated Revenues:\e\ 0 -1 16 7 -12 -16 -6
NET IMPACT OF CHANGES IN DIRECT SPENDING AND REVENUES ON THE DEFICIT
Net Increase or Decrease (-) in the Deficit 0 1 -1 8 15 -84 -61
----------------------------------------------------------------------------------------------------------------
\a\The 2009 level is the amount appropriated for that year for FAA operations; facilities and equipment;
research, engineering, and development; essential air service; and other aviation-related activities. The 2010-
2014 levels reflect amounts authorized to be appropriated under current law for essential air service.
\b\Estimated outlays under current law are from amounts appropriated for 2009 and previous years for FAA
operations; facilities and equipment; research, engineering, and development; essential air service; and other
aviation-related activities as well as discretionary outlays from the obligation limitations for the Airport
Improvement Program.
\c\Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of
budget authority; however, outlays from that contract authority are subject to limitations on obligations
specified in annual appropriation acts and are therefore considered discretionary.
\d\Enacting S. 1451 would increase direct spending by $283 million over the 2010-2019 period (see Table 2 for
annual effects through 2019).
\e\Enacting S. 1451 would reduce revenues by $150 million over the 2010-2019 period (see Table 2 for annual
effects through 2019).
Notes: FAA = Federal Aviation Administration.
Air Navigation Facilities and Equipment. S. 1451 would
authorize appropriations totaling $7.1 billion over the 2010-
2011 period for facilities and equipment--primarily
infrastructure and systems for communication, navigation, and
radar surveillance related to air travel. (Public Law 111-5 and
Public Law 111-8 provided a total of $2.9 billion for 2009 for
those activities.) Assuming appropriation of the amounts
authorized under S. 1451, CBO estimates that outlays would
increase by about $7.1 billion over the 2010-2014 period.
By authorizing appropriations for air navigation facilities
and equipment over the 2010-2011 period, S. 1451 would
authorize adjustments to contract authority for the airport
improvement program in those years. Current law provides for
increases to contract authority (a mandatory form of budget
authority) for that program in any year that the amounts
authorized to be appropriated for facilities and equipment
exceed amounts actually provided in appropriation acts for such
activities. Any such changes authorized under S. 1451 and
triggered by annual appropriation acts would be considered
changes in direct spending and are discussed later in this
estimate (see the following section entitled ``Direct
Spending'').
Airport Improvement Program (AIP). S. 1451 would provide
$8.1 billion in contract authority (a mandatory form of budget
authority) over the 2010-2011 period for the Airport
Improvement Program. (Under current law, the FAA has about $3.8
billion in contract authority available through 2009.) Through
that program, the FAA provides grants to airports for projects
to enhance safety and increase airports' capacity for
passengers and aircraft. Outlays from AIP contract authority
are controlled by limitations on obligations set in annual
appropriation acts and are therefore considered discretionary.
CBO estimates that enacting this provision would increase
contract authority over levels assumed in CBO's current
baseline by $460 million over the 2010-2011 period that is
specifically covered under S. 1451 and by $280 million annually
thereafter. (See the ``Direct Spending'' section of this
estimate for a discussion of the budgetary treatment of AIP
contract authority under the budget resolution baseline and for
purposes of projecting costs under proposed legislation.)
In total, assuming that obligation limitations for AIP
spending, as set forth in annual appropriation acts, are equal
to the levels of contract authority projected under S. 1451,
CBO estimates that implementing this provision would increase
discretionary spending by about $1.1 billion over the 2010-2014
period, with additional spending occurring in later years. That
amount includes about $900 million in spending from additional
contract authority under the bill. It also includes nearly $200
million in accelerated outlays from contract authority assumed
in the current baseline that CBO estimates would be spent
faster under S. 1451, largely due to provisions that would
increase the maximum federal share of certain airport projects
and expand eligibility criteria for AIP grants.
Research, Engineering, and Development. S. 1451 would
authorize appropriations totaling $406 million over the 2010-
2011 period for aviation-related research activities. (Public
Law 111-8 appropriated $171 million for FAA's research programs
for 2009.) Assuming appropriation of the authorized amounts,
CBO estimates that resulting outlays would total $406 million
over the 2010-2014 period.
Essential Air Service (EAS). S. 1451 would permanently
increase, from $77 million to $125 million a year, the amount
authorized to be appropriated for the Essential Air Service
program. Under that program, which received $73 million for
2009 under Public Law 111-8, DOT makes payments to air carriers
that provide air service to certain rural communities. CBO
estimates that fully funding EAS under S. 1451 would require
additional appropriations totaling $240 million over the 2010-
2014 period and result in outlays totaling $230 million over
the next 5 years, with additional outlays occurring after 2014.
Other Provisions. CBO estimates that implementing other
provisions of S. 1451 would require appropriations totaling
$223 million over the 2010-2014 period. That amount includes:
$125 million to provide financial support
for projects related to modernizing the air traffic
control system, particularly the installation of
certain avionics equipment on aircraft;
$70 million for the Small Community Air
Service Development Program;
$10 million for the Department of the
Interior to develop a plan for managing air tours
within national parks; and
$18 million for various studies, reports,
and activities to be carried out by the FAA, DOT, and
other agencies.
Assuming appropriation of amounts specified and estimated
to be necessary, CBO estimates that fully funding those
activities would cost $183 million over the 2010-2014 period.
Direct spending
CBO estimates that enacting S. 1451 would reduce net direct
spending by $67 million over the 2010-2014 period and increase
it by $283 million over the 2010-2019 period. Those changes,
presented in detail in Table 2, would result from provisions
that would provide additional contract authority for the AIP,
increase direct spending of overflight fees, and extend the
FAA's authority to sell certain insurance.
TABLE 2.--EFFECTS ON DIRECT SPENDING AND REVENUES UNDER S. 1451
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
---------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2009-2014 2009-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
AIP Contract Authority:\a\
Estimated Budget Authority................ 180 280 280 280 280 280 280 280 280 280 1,300 2,700
Estimated Outlays......................... 0 0 0 0 0 0 0 0 0 0 0 0
Aviation War Risk Insurance:
Estimated Budget Authority................ 0 0 0 0 -100 -110 -50 30 240 240 -100 250
Estimated Outlays......................... 0 0 0 0 -100 -110 -50 30 240 240 -100 250
Increased Spending of Overflight Fees:
Estimated Budget Authority................ 0 19 14 0 0 0 0 0 0 0 33 33
Estimated Outlays......................... 0 15 15 3 0 0 0 0 0 0 33 33
Total Changes:
Estimated Budget Authority............ 180 299 294 280 180 170 230 310 520 520 1,233 2,983
Estimated Outlays..................... 0 15 15 3 -100 -110 -50 30 240 240 -67 283
CHANGES IN REVENUES
Passenger Facility Fees....................... -1 -3 -7 -12 -16 -20 -24 -29 -33 -37 -39 -183
Overflight Fees............................... 0 19 14 0 0 0 0 0 0 0 33 33
---------------------------------------------------------------------------------------------------------
Total Estimated Revenues.................. -1 16 7 -12 -16 -20 -24 -29 -33 -37 -6 -150
NET IMPACT ON THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Net Increase or Decrease (-) in the Deficit... 1 -1 8 15 -84 -90 -26 59 273 277 -61 433
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from
that contract authority are subject to limitations on obligations specified in appropriation acts and are therefore discretionary.
Note: AIP = Airport Improvement Program.
Airport Improvement Program Contract Authority. CBO
estimates that enacting S. 1451 would result in $2.7 billion in
additional contract authority for the AIP over the 2010-2019
period. (Under current law, the FAA has about $3.8 billion in
contract authority available through 2009.) As previously
noted, spending from contract authority is controlled by
obligation limitations specified in annual appropriation acts.
Thus, outlays of the AIP are considered discretionary.
Baseline Treatment of AIP Contract Authority. Pursuant to
rules that govern the calculation of CBO's baseline, funding
for certain expiring programs--such as contract authority for
AIP--is assumed to continue for budget projection purposes.
Consistent with that practice, CBO's baseline assumes that AIP
contract authority over the 2010-2019 period will remain at the
2009 level of about $3.8 billion per year.
Net Increases to Contract Authority. Under S. 1451, AIP
contract authority would total $4.0 billion in 2010 and
increase to $4.1 billion in 2011. Consistent with CBO's
methodology for projecting contract authority under proposed
legislation, we assume that contract authority for AIP would
continue after 2011 and would remain at $4.1 billion annually
over the 2012-2019 period. In total, CBO estimates that
contract authority under S. 1451 would exceed levels of
contract authority already assumed in the CBO baseline by $2.7
billion over the 2010-2019 period.
Potential Adjustments to AIP Contract Authority. Public Law
106-181, the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century Act, enacted in 2000, created a permanent
mechanism that provides for an increase to AIP contract
authority in any year that the amount authorized to be
appropriated for air navigation and facilities exceeds the
amount provided for such activities in an appropriation act. By
authorizing appropriations for facilities and equipment over
the 2010-2011 period, S. 1451--in conjunction with that
provision of current law--would authorize adjustments to AIP
contract authority for those years. Any adjustment authorized
under this legislation, once triggered by annual appropriation
acts, would constitute new direct spending authority. All
spending for AIP--including spending from such adjustments--
would remain subject to obligation limitations established in
appropriation acts. Although S. 1451 could result in additional
AIP contract authority of as much as $7.1 billion over the
2010-2011 period if no appropriations were provided for air
navigation facilities and equipment, CBO assumes that
appropriations will equal the amounts authorized by the bill;
thus, we project no additional increases to AIP contract
authority under S. 1451.
Aviation War Risk Insurance. Under current law, the FAA
offers a program for commercial air carriers and aircraft and
engine manufacturers that, in exchange for a premium payment,
insures policyholders against liabilities arising from losses
caused by terrorist events. The FAA also offers a nonpremium
insurance program to air carriers that participate in the Civil
Reserve Air Fleet (CRAF). The FAA's authority to operate both
of those programs is scheduled to expire on December 31, 2013.
S. 1451 would extend that authority through October 2017. CBO
estimates that extending the CRAF program through that time
would have no significant budgetary impact; however, extending
the FAA's authority to offer insurance for commercial air
carriers and manufacturers through fiscal year 2017 would
increase net direct spending by $250 million over the 2014-2019
period. Over the long run, we estimate that extending the
authority to operate the program would result in additional net
costs to the federal government after 2019.
Program Extension Through 2017. For this estimate, CBO
assumes that the FAA would continue to offer commercial
aviation insurance at rates that would not fully offset the
government's cost of providing that coverage. Initial savings
under S. 1451 would result because the FAA would collect
premiums in full when coverage is sold, while payments for
expected losses would likely begin slowly and occur over
several years. Based on information from the FAA about current
insurance terms and rates, CBO estimates that expected losses
for claims would total $850 million over the 2014-2019 period
and about $750 million in later years for a total of roughly
$1.6 billion over time. We further estimate that increased
offsetting receipts from premiums (a credit against direct
spending) would total $600 million over the 2014-2017 period.
Thus, while we estimate that extending the commercial insurance
program through 2017 would increase net direct spending by $250
million over the 2014-2019 period, we also estimate the
program's net costs over a longer time period would total
nearly $1.0 billion.
CBO cannot predict how much damage terrorists might cause
in any specific year. Instead, our estimate of the cost of
insurance coverage under S. 1451 represents an expected value
of payments from the program--a weighted average that reflects
the probability of various outcomes, from zero damages up to
very large damages due to possible future terrorist attacks.
The expected value can be thought of as the amount of an
insurance premium that would be necessary to fully offset the
risk of providing this insurance. CBO's estimate of the
expected cost for S. 1451 is based on private-sector premiums
for terrorism insurance that have been adjusted for differences
in costs faced by private insurance firms that are not borne by
the federal government. While this cost estimate reflects our
best judgment on the basis of available information, costs are
a function of inherently unpredictable future terrorist
attacks. As such, actual costs could fall anywhere within an
extremely broad range.
Increased Spending of Overflight Fees. Under current law,
DOT has authority to spend, without further appropriation,
revenues from overflight fees paid by air carriers to reimburse
the FAA for the costs of providing navigational support to
flights that neither take off nor land in the United States. As
discussed below, JCT estimates that enacting S. 1451 would
increase revenues from such fees starting in fiscal year 2011.
CBO estimates that resulting increases in direct spending would
total $33 million over the 2010-2019 period. Under the bill,
such spending would support activities related to enhancing air
service to rural communities.
Revenues
JCT estimates that enacting S. 1451 would reduce revenues
by $6 million over the 2010-2014 period and $150 million over
the 2010-2019 period. The estimated changes stem from
provisions related to passenger facility fees and overflight
fees.
Passenger Facility Fees. Under current law, airport
agencies may collect, subject to DOT approval, fees of up to
$4.50 per passenger to fund airport infrastructure programs.
(Such fees are collected and spent by airport agencies and are
not included in the federal budget.) S. 1451 would direct the
Secretary of Transportation to establish a pilot program to
allow up to six airport agencies to test alternate means of
collecting passenger fees. Participating airports would be
permitted to charge fees in excess of the statutory limit. JCT
expects that the proposed changes would increase revenues to
airports from such passenger facility fees, subsequently lead
to increased tax-exempt financing for airport construction and
related projects, and consequently, reduce federal revenues.
JCT estimates that federal revenue losses would total $39
million over the 2010-2014 period and $183 million over the
next 10 years
Overflight Fees. S. 1451 would direct the FAA, through an
expedited rulemaking process, to increase fees for certain
navigational services provided for flights that neither take
off nor land in the United States, known as overflight fees.
Such fees are generally paid by foreign air carriers and are
recorded as revenues. Under current law, JCT expects the FAA
would not increase such fees before 2012. JCT estimates that
the agency's costs to provide support for overflights exceeds
revenues from fees by about $19 million annually. The expedited
rulemaking would generate increased revenues for fiscal years
2011 and 2012. JCT estimates that those resulting increases in
revenues would total $33 million over the 2011-2012 period. (As
discussed earlier, those increased revenues would result in
corresponding increases in direct spending for certain
activities related to enhancing air service to rural
communities.)
Intergovernmental and private-sector impact: S. 1451
contains intergovernmental and private-sector mandates as
defined in UMRA because it would impose new requirements on
both public and private entities that own aircraft,
helicopters, or airports. The bill also would require state and
local governments to provide the FAA with access to data on
criminal activity. CBO estimates that the aggregate cost of
intergovernmental mandates in the bill would fall below the
annual threshold established in UMRA ($69 million in 2009,
adjusted annually for inflation). In addition, the bill would
impose private-sector mandates on owners and operators of
certain aircraft, and commercial air carriers. Based on
information from the FAA and industry sources, CBO estimates
that the aggregate cost of complying with the private-sector
mandates in the bill would exceed the annual threshold
established in UMRA ($139 million in 2009, adjusted annually
for inflation).
Mandates that apply to both public and private entities
Next Generation Air Transportation System (NextGen)
Equipment Requirements. Section 315 would require owners of
aircraft to install two different types of NextGen equipment on
their aircraft, one by 2015 and the other by 2018. According to
industry sources, the equipment costs would average at least
$4,000 per aircraft, and approximately 240,000 aircraft could
be affected. CBO expects that the cost to comply with the
mandate would be largest in the year before each of the
equipment types is required to be installed. Therefore, the
cost to private entities to comply with this mandate could
exceed the threshold in at least one of those years. Because of
the relatively small number of public aircraft affected, CBO
estimates the cost to state and local governments would be
minimal.
Helicopter Emergency Medical Service Safety Requirements.
Section 507 would require operators of helicopters and fixed-
wing aircraft for emergency medical service to comply with
certain operating procedures whenever a medical crewmember is
on board. It also would require such helicopters and fixed-wing
aircraft acquired after the bill's enactment to have an
operational terrain awareness and warning system that meets FAA
specifications. The bill would require flight operators to use
a standardized checklist of risk evaluation factors and
standardized dispatch procedures (both to be developed by the
FAA). In addition, the bill would require flight data and
cockpit voice recorders on all helicopters and fixed-wing
aircraft used for emergency medical services. Because the
specific standards have not been established by the FAA and
because of the large number of private aircraft that could be
affected by those standards, the incremental costs that would
be incurred by private-sector entities to comply with those
standards is uncertain. Due to the small number of public
entities affected by the requirements, however, CBO estimates
that the costs to state and local governments would be small.
Procedural Requirements for PFC Charges. Section 201 would
require airports that use passenger facility charges to submit
annual reports of their activities. The bill also would reduce
the number of activities for which airport operators could
impose such charges. CBO estimates that the costs of the new
requirements would be small relative to the annual threshold.
Contingency plans. Section 401 would require certain
airport operators to provide DOT contingency plans for
emergency circumstances that ground aircraft. Depending on how
many airports have to submit plans, CBO estimates that the
costs to state and local governments would range from $5
million to $10 million in the first year of implementation.
According to the FAA, only a small number of private airports
would be subject to the planning requirement. CBO, therefore,
estimates that costs to private airports would be small.
Pilot History Reporting Requirements. Section 551 would
require air carriers and public entities to submit to the FAA
the flight history of pilots they employ. According to industry
sources, air carriers currently keep flight histories in a
database used by the air carrier industry. This information
could easily be transmitted to the FAA, and therefore, the
mandate would impose minimal costs, CBO estimates.
Mandates that apply to public entities only
Access to Criminal History Records. Section 505 would give
the FAA the right to access criminal justice data maintained by
the states. Requiring that access would be an intergovernmental
mandate as defined in UMRA because state and local governments
would be required to comply with requests for information from
the FAA. Although we cannot predict the extent to which the FAA
would request such access, CBO estimates that the additional
costs to state, local, and tribal governments of complying
would be small.
Mandates that apply to private entities only
S. 1451 contains several private-sector mandates as defined
in UMRA. Those mandates include a prohibition on operating
certain aircraft not in compliance with low-noise criteria, and
requirements on air carriers related to airline employees and
passenger service.
Prohibition on aircraft noise levels below stage 3. Section
710 would prohibit, with certain exemptions, the operation of
civil aircraft weighing 75,000 pounds or less in the 48
contiguous states if the aircraft does not comply with stage-3
noise levels. (The FAA classifies aircraft into four stages
based on measurements of noise level: Stage-3 is one of the
quietest of those stages.) The prohibition would take effect 5
years after the date of enactment. According to industry
sources, compliance could require engine modifications on
existing aircraft when possible, or decommissioning of aircraft
that cannot be adequately modified. Those sources estimate the
total cost of bringing existing aircraft into compliance could
range from a low of $300 million to more than $1 billion
depending on the technology used. CBO expects that the direct
cost to comply with the mandate would be largest in the year
before the prohibition would take effect.
Airline Employee and Service Requirements. The bill would
impose several new requirements on air carriers related to
airline employees and passenger service. Based on information
from industry sources, CBO expects that none of those mandates
would impose significant additional costs on air carriers
relative to UMRA's threshold.
Mandates related to airline employees would require air
carriers to:
Hire only maintenance workers for commercial
aircraft who are certified and have submitted to a drug
and alcohol test;
Implement FAA standards that would help
combat flight crew fatigue;
Comply with limitations on hiring or
contracting with safety inspectors previously employed
by the FAA;
Provide training for flight attendants and
gate attendants that addresses serving alcohol, dealing
with disruptive passengers, and recognizing intoxicated
persons; and
Hire only flight attendants on flights into
the United States that can read, speak, and write
English.
Mandates related to airline passenger service and safety
would require air carriers to:
Allow passengers to deplane if 3 hours have
elapsed since the cabin doors were closed and the
aircraft has not departed or if the aircraft has landed
and has been on the ground for 3 hours;
Develop and submit reports related to
certain emergency contingencies and diverted or
cancelled flights;
Submit to random, unannounced, on-site
inspections at least once a year;
Develop a Safety Management System under the
standards established by the FAA;
Allow passengers to safely transport musical
instruments as carry-on or checked baggage without
charging an additional fee, or allow the instrument to
be carried in seat next to the owner if the owner has
purchased an additional seat; and
Publish and disclose to customers
information on chronically delayed flights and fees
passengers might incur when the flight is being booked.
Other impacts
The bill would benefit public and private airports by
authorizing grants for planning, development, noise mitigation,
and other initiatives. Any costs those entities incur to comply
with grant requirements would result from complying with
conditions of federal assistance.
Previous CBO estimate: On April 22, 2009, CBO transmitted a
cost estimate for H.R. 915, the FAA Reauthorization Act of
2009, as ordered reported by the House Committee on
Transportation and Infrastructure on April 3, 2009. Many
provisions of S. 1451 are similar to H.R. 915.
Both bills would authorize appropriations for major FAA
programs. Differences in our estimates of spending subject to
appropriation reflect differences in amounts authorized to be
appropriated to the FAA. The estimate of spending under H.R.
915 is higher, primarily because it would authorize one
additional year of funding to continue FAA programs through
2012.
In total, S. 1451 would result in a greater increase in net
direct spending over the 2010-2014 period than H.R. 915,
primarily because of differences in estimates of provisions to
extend FAA's authority to offer commercial aviation war-risk
insurance. While S. 1451 would extend that authority only
through fiscal year 2017, H.R. 915 would extend it through
December 2019 thereby generating additional income from
premiums that would help to offset the program's cost during
the 2014-2019 period reflected in this cost estimate.
Under both H.R. 915 and S. 1451, changes to federal
revenues would be driven primarily by provisions that JCT
expects would increase levels of passenger fees charged by
airport agencies. Compared to estimated fees under H.R. 915,
JCT estimates that increased passenger fees under S. 1451, and
subsequent increases in tax-exempt financing, would be less.
The House bill contains several private-sector mandates
that are similar to those contained in S. 1451, including the
prohibition on operating aircraft that do not meet certain
noise standards and requirements on air carriers related to
employees and passenger service. The House bill also contains a
mandate that is not included in S. 1451 that would impose new
standards on public and private airports for aircraft rescue
and firefighting. CBO determined that the aggregate cost of
mandates in the House bill would exceed UMRA's annual
thresholds for both intergovernmental and private-sector
mandates.
Estimate prepared by: Federal Costs: FAA spending--Megan
Carroll, Revenues--Grant Driessen; Impact on State, Local, and
Tribal Governments: Ryan Miller; Impact on the Private Sector:
Patrice Gordon.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis; Frank J. Sammartino, Acting
Assistant Director for Tax Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation as reported:
NUMBER OF PERSONS COVERED
The reported bill would reauthorize existing FAA activities,
thus the number of persons covered should be consistent with
the current level of individuals impacted under existing FAA
activities.
ECONOMIC IMPACT
S. 1451 is expected to have a positive impact on the U.S.
economy. The air transportation system, which is a key
component of the nation's economy, is experiencing growing
congestion and delay issues. Provisions in this legislation aim
to ensure the air transportation system is modernized in a
timely, efficient, and effective manner to resolve congestion
and delay, and meet the growing demand on the aviation system.
PRIVACY
The reported bill is not expected to have any impact on the
privacy rights of individuals.
PAPERWORK
It is not anticipated that there will be a major increase in
paperwork burdens resulting from the enactment of S. 1451.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Sec. 1. Short title; table of contents.
This section would provide that the legislation may be cited
as the ``FAA Air Transportation Modernization and Safety
Improvement Act'' and would set forth the table of contents for
the bill.
Sec. 2. Amendments to title 49, United States Code.
This section would stipulate that, except as otherwise
expressly provided, all amendments in S. 1451 are made to title
49 of the USC.
Sec. 3. Effective date.
This section would require the provisions of the bill to take
effect on the date of enactment unless expressly provided
otherwise.
TITLE I--AUTHORIZATIONS
Sec. 101. Operations.
This section would provide the authorization levels for the
FAA's operations account at an amount of $9.336 billion in FY
2010 and $9.62 billion in FY 2011.
Sec. 102. Air navigation facilities and equipment.
This section would provide the authorization levels for the
FAA's air navigation F&E account, which funds the maintenance
and modernization of the ATC system. The F&E account would be
authorized at $3.5 billion in FY 2010, of which $500 million
would be derived from the newly-created Air Traffic System
Modernization Account (ATSMA); and $3.6 billion in FY 2011, of
which $500 million would be derived from the ATSMA.
Sec. 103. Research and development.
This section would provide the authorization levels for the
FAA's research and development account at an amount of $200
million in FY 2010 and $206 million in FY 2011. It would
require the FAA to establish a grant program to promote
aviation research at undergraduate and technical colleges.
Sec. 104. Airport planning and development and noise compatibility
planning and programs.
This section would provide the authorization levels for the
FAA's AIP funding at an amount of $4.0 billion in FY 2010 and
$4.1 billion in FY 2011.
Sec. 105. Other aviation programs.
This section would extend the budgetary treatment for the
FAA's accounts through 2011.
Sec. 106. Delineation of Next Generation Air Transportation System
projects.
This section would require the FAA to specifically identify
projects whose primary purpose is directly related to the
NextGen initiative under the Plans and Policy section of 49
United States Code (USC) 44501.
Sec. 107. Funding for administrative expenses for airport programs.
This section would authorize the administrative expenses for
the FAA's airports program at a level of $94 million in FY 2010
and $98 million in FY 2011.
TITLE II--AIRPORT IMPROVEMENTS
Sec. 201. Reform of passenger facility charge authority.
This section would streamline and simplify the administrative
requirements associated with the PFC, while still retaining
audit controls and FAA project and expenditure oversight. This
section would impose additional requirements on any airport
authority wishing to increase its PFC or wishing to impose a
PFC to finance an intermodal ground facility.
Sec. 202. Passenger facility charge pilot program.
This section would require the Secretary to establish and
conduct a pilot program in which an airport may impose a PFC
without regard to dollar amount limitations if that airport
collects the charge from a passenger at the airport, via the
Internet, or in any other reasonable manner. The same
eligibility and oversight criteria applied under the regular
PFC authority would still apply to the use of the revenue in
this program. The program would be limited to six airports, and
the airport may not collect the charge through an air carrier.
It would also require the GAO to conduct a study of potential
alternative means of PFC collection.
Sec. 203. Amendments to grant assurances.
This section would make two improvements to required grant
assurances (49 USC 47107) for AIP projects. First, a limited
exception to a current requirement would permit an airport
owner to use AIP entitlement funds to move or replace a
facility when the need to relocate or replace it was beyond the
owner's control (such as new design standards that render the
facility a safety hazard). The section addresses the
disposition of proceeds from the sale of land that an airport
has acquired for a noise compatibility purpose, but for which
the airport no longer needs for that purpose. Existing law
would require that the proceeds from the sale proportional to
the Federal government's share of the land acquisition be
returned to the Trust Fund. This section would allow the
Secretary to permit the government's share of these proceeds to
be used at the airport for other purposes, giving priority, in
descending order, to the following: (1) reinvestment in another
noise compatibility project at the airport; (2) reinvestment in
another environmentally related project at the airport; (3)
reinvestment in another otherwise eligible AIP project at the
airport; (4) transfer to another public airport for a noise
compatibility project; and, last, (5) payment to the Trust
Fund.
Sec. 204. Government share of project costs.
Currently the government share of AIP grants to large and
medium hub airports is generally 75 percent; for small hubs the
government share is 95 percent. This section would establish a
special rule to allow for small hub airports that have
increased operations and therefore are being reclassified as
medium hub airports to retain their eligibility for two years
at up to a 95 percent government share of projects costs, in an
effort to ease such a facility's transition to the new status.
Sec. 205. Amendments to allowable costs.
This section would consolidate two provisions that indicate
which costs for terminal development are allowable under the
AIP program. It would move a provision (49 USC 47110(d)) in
current law (relating to terminal development costs) to 49 USC
47119 without substantive change. Having terminal development
related provisions in both 49 USC 47110 and 47119 has created
confusion and led to problems with interpretation.
A new subsection would be added to 49 USC 47110 as subsection
(d) relating to the relocation of airport-owned facilities,
making such relocation an allowable cost if the sponsor must
move a facility because of design standards beyond the
sponsor's control. This is similar to a change made to the
grant assurances provision in section 203.
Finally, a conforming change would be made to subsection (f)
to conform a cross-reference to the military airport program,
and to subsection (h) to refer to the expanded definition of
revenue producing support facilities added to 49 USC 47102.
This section would also allow the FAA, after analyzing the
conclusions of ongoing studies, to permit the purchase of bird-
detecting radar systems as an allowable airport development
cost.
Sec. 206. Sale of private airport to public sponsor.
This section would amend 49 USC 47133 (restriction on use of
revenue) to facilitate the sale of a private airport, which in
the past received AIP funds for improvement projects, to a
public entity such as a State or local government. If a private
owner wishes to dispose of the airport, a sale to a public
sponsor usually benefits the airport through more stable and
reliable ownership. Under current law, if an owner of a private
airport sells to a public entity, the proceeds of the sale must
be treated as airport revenue with all the restrictions
attached to that characterization. Removal of such treatment
would facilitate these sales without undermining revenue
diversion protections. This amendment would be applicable to
grant assistance provided to private airports back to October
1, 1996.
Sec. 207. Government share of certain air project costs.
This section would extend a provision included in Vision 100
that sets the Federal share for certain projects at small
airports at 95 percent.
Sec. 208. Miscellaneous amendments.
This section would make a number of amendments to chapter 471
to update provisions, remove outdated or obsolete language, or
clarify provisions, as follows:
Subsection (a) (technical Changes to the National Plan of
Integrated Airport Systems (NPAIS)) would make technical
changes to 49 USC 47103 in order to remove obsolete language
and update the provision to conform to what the FAA is
currently including in the NPIAS. For example, the NPIAS now
works with only categories of airports so the language in 49
USC 47103(a) that references ``each airport'' is deleted in
favor of a reference to the ``airport system''. Similarly,
further amendments to 49 USC 47103(a) reflect that the NPIAS
does not try to forecast trends in other transportation
sectors, but instead forecasts how airports connect to other
modes of transportation (e.g. an airport and a transit system).
49 USC 47103(b) is amended to delete two references that are
obsolete: (1) the NPIAS does not consider how the height of
structures may reduce safety and capacity (that is done
separately under FAA Order 7460, which requires coordination
for any construction of structures over 200 feet or within
20,000 feet of an airport); and (2) the NPIAS no longer takes
into account Short/Takeoff and Landing operations, etc. (which
is an outdated requirement). Finally, in subsection 47103(d),
the language would be clarified to state that the NPIAS must be
published every 2 years, not just the ``status'' of the plan.
Subsection (b) (update of veterans preference definition)
would add veterans from the current Afghanistan/Iraq conflict
to the definition of those veterans eligible for employment
preference on AIP projects. This provision would also give
preference to small businesses owned by disabled veterans for
carrying out an airport development project.
Subsection (c) (annual report) would modify the requirements
for the annual AIP program report to conform to practice. The
annual date of the AIP program report is moved from April 1 to
June 1, and some content changes are made.
Subsection (d) (sunset of program) would sunset the authority
at the end of FY 2008 since the activities described in this
section have been assumed by the DHS.
Subsection (e) (correction to emission credits provision)
would correct an inaccurate cross-reference in section 47139
enacted by Vision 100, under which an airport is able to
``bank'' credits when the airport does air quality work that is
not required, but is ``surplus''. Section 47139, however,
references a provision (49 USC 47103(3)(F)), which is for
required air quality work, not surplus work.
Subsection (f) (correction to surplus property authority)
would remove restrictive language added by Vision 100 that was
intended to address concerns over disposal of land due to
particular military base closures occurring at that time.
Removal of the obsolete restriction will aid FAA's effort to
support the conversion of military airports to civilian use.
Subsection (g) (airport capacity benchmark reports;
definition of joint use airport) would provide for a reference
to updated versions of the FAA's Airport Capacity Benchmark
reports (not just the original 2001 Report). Also, for purposes
of subchapter III of chapter 471 (aviation development
streamlining), this section would provide a definition of
``joint use airport'', as meaning a DOD airport that has both
military and civil aircraft operations.
Subsection (h) (use of apportioned amounts) would change the
apportioned amount for noise compatibility programs, noise
mitigation projects, and other airport developments.
Subsection (i) (use of previous fiscal year's apportionment)
would permit the DOT Secretary to apportion to an airport
sponsor in a fiscal year an amount equal to the amount
apportioned to the airport sponsor in the previous fiscal year,
if the airport (1) had more than 10,000 passenger boardings
from scheduled and unscheduled air service combined in that
fiscal year or (2) had 10,000 passenger boardings through
scheduled service in calendar year (CY) 2007. This provision
would also continue a special apportionment for airports that
remain affected by the decrease in passengers following the
terrorist attacks of September 11, 2001.
Subsection (j) (mobile refueler parking construction) would
make the construction of parking pads for mobile refuelers used
while fueling an aircraft eligible for AIP funding at non-
primary airports.
Subsection (k) (discretionary fund) would ensure that the
discretionary fund under 49 USC 47114 maintains a balance of at
least $520,000,000.
Sec. 209. State block grant program.
This section would codify current practice that State
participants in the AIP State Block Grant program (SBGP) have
the responsibility and authority to comply with applicable
environmental requirements for projects at non-commercial
service airports within the purview of the SBGP. The FAA
administers the SBGP by authorizing participating States once a
year to receive a block of funds for any eligible non-primary
airport project. Currently, eight States participate in the
program (Illinois, Michigan, Missouri, North Carolina,
Pennsylvania, Tennessee, Texas, and Wisconsin). This section
would also make a minor change to 49 USC 47128(a) by replacing
the term ``regulations'' with ``guidance'' because the FAA has
issued guidance in the form of the AIP Handbook, 5100.38, to
implement its airport improvement program. This is an
administrative change and does not impact the SBGP or the
Secretary's ability to place requirements on the States under
49 USC 47128.
Sec. 210. Airport funding of special studies or reviews.
This section would broaden authority, under 49 USC 47173, to
include voluntary agreements with airports that request FAA
support to conduct special environmental studies that have
research and development aspects for ongoing environmental
reviews.
Sec. 211. Grant eligibility for assessment of flight procedures.
This section would encourage the implementation of
environmentally-beneficial aircraft flight procedures at
airports by making the environmental review of airport-proposed
procedures that are approved by the FAA AIP eligible
(procedures approved under 14 CFR part 150, Airport Noise
Compatibility Planning). This section would also authorize the
FAA to accept funds, including AIP grant funds (also PFC
revenue, which follows AIP eligibility), from an airport
sponsor to hire staff or obtain services in order to provide
timely environmental reviews for such flight procedures. This
is similar to authority that the FAA has under 49 USC 47173 for
environmental activities related to AIP projects.
Sec. 212. Safety-critical airports.
This section would make current or former military airports
eligible to be considered for a grant under 49 USC 47118 if
that airport is found to be critical to the safety of trans-
oceanic air traffic.
Sec. 213. Environmental mitigation demonstration pilot program.
This section would authorize the Secretary of Transportation
to carry out up to six environmental mitigation projects at
public-use airports and make grants under special apportionment
funding for these demonstrations. To be eligible for the pilot
program, an airport would be public with priority consideration
given to projects that will achieve the greatest reductions in
aircraft noise, airport emissions, or airport water quality
impacts. The Federal government would be limited to providing
50 percent of the cost for the projects and the Federal share
would be limited to $2,500,000 per project.
Sec. 214. Allowable project costs for airport development program.
This section would amend what types of prior costs are
allowable under the airport development program to include
costs incurred in anticipation of severe weather.
Sec. 215. Glycol recovery vehicles.
This section would amend the definition of airport
development under the Airport Development Program to ensure
that the acquiring of glycol recovery vehicles is eligible for
funding.
Sec. 216. Research improvement for aircraft.
This section would expand the type of research that the FAA
Administrator may conduct or supervise to include research to
support programs designed to reduce gases and particulates
emitted by aircraft.
Sec. 217. United States Territory minimum guarantee.
This section would allow the FAA Administrator to provide AIP
funding for U.S. territories.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.
This section would limit Federal restrictions that can be
placed on Merrill Field Airport in Anchorage, Alaska. This
section would also specify the Alaska DOT and Public Facilities
as the governing body over both land use at Merrill Field
Airport, and grant obligations originating from that land use.
TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM
Sec. 301. Air Traffic Control Modernization Oversight Board.
This section would establish an ATC Modernization Oversight
Board to provide specific oversight of FAA's modernization
activities. The responsibilities of the Board would include
providing advice on the FAA's modernization program and non-
safety portions of FAA's strategic plan; approving FAA's
capital expenditures for modernization in excess of $100
million and the agency's annual F&E budget request; and
approving the Administrator's selections for the Chief
Operating Officer of the ATO and the head of the JPDO. The
Board is proposed to be composed of nine members: the FAA
Administrator, a representative from the Department of Defense,
one member representing the public interest, one member that is
the CEO of an airport, one member that is the CEO of a
passenger or cargo airline, one member from a labor union
representing FAA employees involved with operation of the ATC
system, one member from a labor union representing FAA
employees involved with the maintenance of the ATC system, one
member from an aircraft manufacturer, and one member from the
GA community. The Chief NextGen Officer appointed under section
302 would also serve, or designate someone, as a tenth, ex-
officio member of the board. This new board would replace the
current Management Advisory Committee and its ATC subcommittee.
Sec. 302. NextGen management.
This section would designate an individual as Chief NextGen
Officer to be responsible for the implementation of the NextGen
programs. This section would also direct this individual to (1)
coordinate implementation of NextGen programs with the OMB, (2)
develop an annual NextGen implementation plan, (3) ensure that
the system architect allows for the potential incorporation of
novel or currently unknown technology in the future, and (4)
coordinate with other Federal agencies on NextGen programs.
Sec. 303. Facilitation of Next Generation air traffic services.
This section would set forth factors that the FAA would
consider in determining whether to accept the provision of air
traffic services by non-governmental providers. Factors would
include the effect on the safety and efficiency of the NAS,
competition, the role of GA, and the widespread use of such
services at affordable rates.
Sec. 304. Clarification of authority to enter into reimbursable
agreements.
This section would make a change to section 106(m), to
clarify the FAA's authority under that section (along with the
FAA's broad contract authority under section 106(l)(6)) to
enter into reimbursable interagency agreements.
Sec. 305. Clarification to acquisition reform authority.
This section would repeal a provision of law that conflicts
with the FAA's procurement reform authority that Congress
granted the FAA in 1996.
Sec. 306. Assistance to other aviation authorities.
This section would clarify the FAA's current authority to
provide air traffic services abroad, whether or not the foreign
entity is private or governmental, and that the FAA may
participate in any competition to provide such services. It
would also clarify that the Administrator may allow foreign
authorities to pay in arrears rather than in advance, and that
any payment for such assistance may be credited to the current
applicable appropriations account.
Sec. 307. Presidential rank award program.
In 1996, the FAA reformed its personnel system under special
authority provided by Congress (now codified under 49 USC
40122), which exempted the FAA from many requirements of the
Federal government's personnel system under title 5, USC
including the Presidential Rank Award Program. This section
would change that and, through an amendment to 49 USC 40122,
would allow the FAA's executives and senior professionals to
participate in the program.
Sec. 308. Next generation facilities needs assessment.
This section would create a specific process for the FAA to
complete a comprehensive study and analysis of how the agency
might realign its services and facilities to help reduce
capital, operating, maintenance, and administrative costs on an
agency-wide basis with no adverse effect on safety. The FAA
would be required to develop criteria for realignment within 9
months of passage and make any recommendations for action
within 9 months of the publication of the criteria. The ATC
Modernization Oversight Board would be required to study the
FAA's recommendations, provide opportunity for public comment,
and report the Board's recommendations to Congress. The
Administrator would be prohibited from consolidating additional
approach control facilities into the Southern California
TRACON, the Northern California TRACON, the Miami TRACON or the
Memphis TRACON until the Board's recommendations are completed.
Sec. 309. Next Generation Air Transportation System Implementation
Office.
This section would require the Administrator of the FAA, the
Secretary of Defense, the Administrator of NASA, the Secretary
of Commerce, the Secretary of Homeland Security, and the head
of any other Department or Federal agency from which the
Secretary of Transportation requests assistance to designate an
office responsible for carrying out NextGen responsibilities
and coordinating with other agencies involved in the NextGen
project. This section would also require, within 6 months of
enactment, the development of a memorandum of understanding
between the offices participating in the NextGen project that
describes the responsibilities of each Department or agency and
the budgetary and staff resources committed to the project.
Sec. 310. Definition of air navigation facility.
This section would update and broaden the definition of an
air navigation facility so that it is clear its scope includes
the many capital expenses directly related to the acquisition
or improvement of such facilities for the current or future
NAS.
Sec. 311. Improved management of property inventory.
This section would amend 49 USC 40110(a) to make clear that
the FAA's current authority to purchase and sell property
needed for airports and air navigation facilities includes the
authority to retain funds associated with disposal of property.
Sec. 312. Educational requirements.
This section would require the FAA to provide financial
support to the DOD for the education of the dependent children
of FAA employees in Puerto Rico and Guam.
Sec. 313. FAA personnel management system.
This section would reform the process through which the FAA
resolves labor disputes with employee unions arising in the
collective bargaining process. If the Administrator of the FAA
determines an impasse has been reached during the collective
bargaining process, they would first be required to use the
mediation services of the FMCS. Through this mediation process,
the Administrator and the employees' union may by mutual
agreement adopt procedures for the resolution of disputes or
impasses arising during the collective bargaining process.
If the services of the FMCS do not lead to an agreement, the
Administrator and the employees' union would submit their
unresolved issues to the FSIP. The FSIP would assert
jurisdiction and order binding arbitration by a private
arbitration board consisting of 3 members. To choose the 3
members of the board, the Executive Director of FSIP would
first request from the Director of FMCS not less than 15
arbitrators with Federal government experience. This list would
be provided to the Administrator and the employees' union, each
of which would choose one arbitrator within 10 days of
receiving the list. The 2 arbitrators chosen would then select
a third arbitrator from the original list of 15 arbitrators
within 7 days. If either the Administrator or the employees'
union fail to choose an arbitrator, or if the 2 arbitrators are
unable to agree on a third arbitrator, the selection would
occur by the parties alternately striking names from the
original list of 15 arbitrators until only one individual
remains.
If the Administrator and the employees' union do not agree on
the framing of the issues to be submitted for arbitration, the
arbitration board would frame the issues. The arbitration board
would take into consideration the effect of its arbitration
decisions on the FAA's ability to attract and retain a
qualified workforce and the agency's budget. The arbitration
board would render its decision within 90 days of appointment.
Decisions of the arbitration board shall be conclusive and
binding upon the FAA and the employees' union. Enforcement of
the arbitration decisions shall be in the United State District
Court for the District of Columbia.
Sec. 314. Acceleration of NextGen technologies.
This section would require the FAA Administrator to publish a
report within 6 months that includes the development of (1)
RNP/ RNAV procedures at 35 Operational Evolution Partnership
(OEP) airports identified by the FAA, (2) a description of the
activities required for their implementation, (3) an
implementation plan that includes baseline and performance
metrics, (4) assessment of the benefits/costs of using third
parties to develop the procedures, and (5) a process for the
creation of future RNP and RNAV procedures. The Administrator
would be required to implement 30 percent of the procedures
within 18 months after the date of enactment, 60 percent within
36 months after the date of enactment, and 100 percent by 2014.
This section would also require the FAA Administrator to
create a plan for the implementation of procedures at the
remaining airports across the country. It requires 25 percent
of the procedures at these airports to be implemented by 2015,
50 percent by 2016, 75 percent by 2017, and 100 percent by
2018.
This section would extend the charter of the Performance
Based Navigation Aviation Rulemaking Committee and would direct
it to establish priorities for development of the RNP/RNAV
procedures based on potential safety and congestion benefits.
It would require that the process of the development of such
procedures be subject to a previously established environmental
review process.
This section would also direct the FAA to provide Congress a
deployment plan for the implementation of a nationwide data
communications system to support NextGen air traffic control,
and a report that evaluates the ability of NextGen technologies
to facilitate improved performance standards for aircraft in
the NAS.
Sec. 315. ADS-B development and implementation.
This section would require the FAA administrator to submit a
report to Congress within 90 days of enactment detailing the
Administration's program for integrating ADS-B technology into
the NAS. This report must include a defined budget and specific
plans to implement ADS-B ground station infrastructure, a
transition plan for NextGen which includes date specific
milestones, workforce changes, and performance metrics to
measure the agency's progress.
The section would direct the FAA to complete the current
rulemaking procedure regarding ``ADS-B Out'' within 45 days and
that requires the FAA to identify the ADS-B Out technology that
will be required under NextGen and mandate that all aircraft
equip with ADS-B Out technology by 2015.
This section would also require that the FAA initiate a
rulemaking procedure in which the FAA must identify ``ADS-B
In'' technology that will be required and directs the FAA to
require all aircraft be equipped with ADS-B In technology by
2018.
This section would require the FAA to create a plan within 18
months for the use of ADS-B technology by ATC by 2015. This
plan requires the FAA to test the use of ADS-B prior to 2015,
develop procedures for mixed-equipage environments, and
establish a ``best equipped, best served'' policy to provide an
incentive for early equipage.
Sec. 316. Equipage incentives.
This section would require the FAA to issue a report within 6
months that (1) identifies incentives to encourage the
equipping of aircraft with NextGen technologies--including a
``best equipped, best served'' approach, (2) includes costs and
benefits of each approach identified, and (3) includes input
from industry stakeholders.
Sec. 317. Performance metrics.
This section would require the FAA to establish and track NAS
performance metrics that include (1) operations per hour on
runways, (2) average gate-to-gate times, (3) fuel burn between
key cities, (4) operations using RNP/RNAV procedures, (5) time
between pushing back from the gate and taking off, (6)
uninterrupted climb and descent, (7) average gate arrival
delay, (8) flown versus filed flight times, and (9) metrics to
demonstrate reduced fuel burn and reduced emissions. The FAA is
required to consult with industry stakeholders regarding
optimal baselines, make the data available in a public format,
and submit an annual report to Congress on the Administration's
NextGen progress.
Sec. 318. Certification standards and resources.
This section would require the FAA to develop a plan within 6
months to accelerate the certification of NextGen technologies,
including (1) updating project deadlines, (2) identifying
specific activities needed to certify core NextGen
technologies, (3) staffing requirements for certification, (4)
assessing the use of third parties in the certification
process, and (5) establishing performance metrics to measure
the Agency's progress.
This section would also prohibit the FAA from making any
distinction between publicly and privately owned equipment when
determining certification requirements.
Sec. 319. Unmanned Aerial Systems.
This section would require the FAA to develop a plan within 1
year to accelerate the integration of UASs into the NAS. This
plan must include (1) a pilot project that includes the
integration of UASs into 4 test sites by 2012, (2) development
of certification, flight standards, and air traffic
requirements for UASs, (3) the dedication of funding for
research on UASs certification, flight standards and air
traffic control, (4) coordination of research between NASA and
DOD, and (5) verification of the safety of UASs before their
integration into the NAS.
Sec. 320. Surface Systems Program Office.
This section would require the ATO to evaluate the Airport
Surface Detection Equipment-Model X (ASDE-X) program and
associated technologies, and accelerate implementation of the
ASDE-X program. The FAA would also be required to consider
expediting the certification of Ground Based Augmentation
System (GBAS) technology and develop a plan to utilize GBAS at
the 35 OEP airports by September 30, 2012.
Sec. 321. Stakeholder coordination.
This section would require the FAA to establish a process for
including representatives of Federal employees that are
affected by NextGen in the planning of ATC modernization.
Within 180 days, the FAA would be required to submit a report
to Congress on the implementation of this process.
Sec. 322. FAA task force on air traffic control facility conditions.
This section would direct the FAA to create a task force on
ATC facility conditions. This task force would be composed of
11 members (7 appointed by the Administrator and 4 appointed by
employees' unions). Four members would be required to have
expertise in hazardous building conditions and two members
would have expertise in rehabilitation of aging buildings. This
task force would have the power to obtain official data.
The task force's duties would include evaluating (1) the
conditions of all ATC facilities, (2) reports from employees,
(3) whether employees who reported illness were treated fairly,
(4) utilization of remediation techniques, and (5) resources
allocated to facility maintenance and renovation.
The task force would be required to make recommendations
necessary to ensure that (1) facilities needing the most
immediate attention are prioritized, (2) the Administration is
using scientifically approved remediation techniques, and (3)
ATC facilities do not deteriorate to unsafe levels. The task
force also would be required to submit a report to Congress and
the Administrator regarding its recommendations and activities
within 60 days. The Administrator is also required to submit a
plan and timeline to implement the task force's recommendations
within 30 days of receiving the task force's report.
Sec. 323. State ADS-B equipage bank pilot program.
This section would authorize the Secretary of the DOT to
enter into cooperative agreements with up to five States to
establish ADS-B equipage banks for making loans and providing
other assistance to public entities. States would be required
to at least match the contribution granted by the Federal
government for equipage. Borrowers would be required to repay
the loan within 10 years. The section would authorize
$25,000,000 to be appropriated from FY 2010 through FY 2014 for
the band pilot program.
Sec. 324. Implementation of Inspector General ATC Recommendations.
This section would direct the FAA to implement, within 1 year
of enactment, the following recommendations of the Inspector
General to (1) provide certain California-based ATC facilities
a sufficient number of instructors and equipment to train a
surge in new air traffic controllers, (2) distribute the
placement of new ATC trainees evenly throughout the year, (3)
commission an independent analysis of overtime scheduling, and
(4) give priority to certified professional controllers in
training to fill vacancies.
Sec. 325. Definitions.
This section would define the terms ``Administration'',
``Administrator'', ``NextGen'', and ``Secretary''.
TITLE IV--AIRLINE SERVICE IMROVEMENTS AND SMALL COMMUNITY AIR SERVICE
SUBTITLE A--CONSUMER PROTECTION
Sec. 401. Airline customer service commitment.
This section would require air carriers and airport operators
to develop contingency plans to address situations in which the
departure of a flight is substantially delayed while passengers
are confined to an aircraft. Each plan would be submitted to
the DOT for review and approval by the Secretary, and would be
required to address minimum standards established by the
Department. At a minimum the plans for air carriers would
outline how the airline will ensure the passengers are provided
(1) adequate food, potable water, and restroom facilities, (2)
cabin ventilation and comfortable cabin temperatures, and (3)
access to necessary medical treatment. This plan must include a
clear time frame under which passengers are allowed to deplane
a delayed aircraft, and the airline must allow passengers to
deplane if 3 hours have elapsed since the doors have closed and
the aircraft has not departed or the aircraft has landed for 3
hours but passengers have been unable to deplane. Exceptions to
the deplane requirements exist only when a pilot reasonably
believes that the aircraft will depart within 30 minutes or if
the pilot believes that deplaning the passengers would
jeopardize passenger security or safety. Airport operators
would be required to submit a plan to the DOT for approval that
provides for the deplanement of passengers following extended
tarmac delays. The Secretary would be required to perform
periodic reviews of the air carrier and airport operator plans,
and is authorized to impose civil penalties on air carriers or
airport operators that fail to meet the requirements of such
plans.
Additionally, this section would require the DOT to create a
consumer complaint telephone hotline.
Sec. 402. Publication of customer service data and flight delay
history.
This section would require an air carrier to publish on their
website, and update monthly, a list of chronically delayed
flights operated by the air carrier. This section also requires
the air carrier to disclose the on-time performance for a
chronically delayed flight when a customer books a flight on
the carrier's website, prior to actual purchase of a ticket.
Sec. 403. Expansion of DOT airline consumer complaint investigations.
This section would direct the DOT Secretary to investigate
consumer complaints regarding (1) flight cancelations, (2)
overbooking flights, (3) lost or damaged baggage, (4) problems
obtaining refunds, (5) incorrect information regarding fares,
(6) frequent flyer programs, and (7) deceptive or misleading
advertising.
Sec. 404. Establishment of advisory committee for aviation consumer
protection.
This section would require the establishment of an advisory
committee for the Secretary regarding aviation consumer
protection. Membership would consist of one representative each
from an air carrier, airport operator, and a State or local
government with expertise with consumer protection matters, and
one nonprofit group with expertise in consumer protection
matters. The committee would be directed to provide
recommendations to the Secretary and Congress.
Sec. 405. Disclosure of passenger fees.
This section would direct the DOT Secretary to complete a
rulemaking that requires air carriers to provide the public a
list of charges, besides airfare (i.e. baggage fees and meal
fees), that the air carrier may be imposing on passengers. The
Secretary would be authorized to require an air carrier to make
the list of fees public, and the list would be updated every 90
days unless there is no increase in the amount or type of fees
being imposed.
SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES
Sec. 411. EAS connectivity program.
This section would direct the Secretary to establish a
program under which the DOT shall require, in up to 10
communities, that air carriers providing small community air
service and major air carriers serving large hub airports
participate in code-share arrangements consistent with normal
industry practice whenever and wherever the Secretary
determines that such multiple code-sharing arrangements would
improve air transportation services.
Sec. 412. Extension of final order establishing mileage adjustment
eligibility.
This section would extend a provision in Vision 100 that
specifies that the most commonly used route between an eligible
place and the nearest medium hub airport or large hub airport
is to be used to measure the highway mileage considered in
reviewing any action to eliminate compensation for EAS to such
place, or terminate the location's compensation eligibility for
such service. The section would also require the Secretary,
within 60 days after receiving a review request, to (1)
determine whether the eligible place would have been subject to
such elimination or termination under specified law based on
such a determination of highway mileage, and (2) issue a final
order regarding eligibility for EAS compensation. It would
further terminate any such final order on September 30, 2011.
Sec. 413. EAS contract guidelines.
This section would allow the Secretary to incorporate
financial incentives in EAS contracts based on performance
goals and to execute long-term EAS contracts when in the public
interest to do so.
Sec. 414. Conversion of former EAS airports.
This section would require the Secretary to establish a
program to provide GA conversion funding for airports serving
eligible places that the Secretary has determined no longer
qualify as eligible places.
Sec. 415. EAS Reform.
This section would require the FAA to continue to make funds
available under 49 USC 45303 to support the EAS program. A
total of $175 million would be authorized annually to carry out
the program through FY 2011.
Sec. 416. Small community air service.
This section would give priority to multiple communities who
cooperate to submit a region or multi-state application for
funding under the SCASDP. The section would also extend the
authorization for SCASDP at a level of $35 million annually
through FY 2011.
Sec. 417. EAS Marketing.
This section would require that all applications for EAS are
to include a marketing plan to promote community involvement in
their EAS service.
Sec. 418. Rural Aviation Improvement.
This section would authorize State and local governments to
submit a proposal for compensation through EAS funding for an
air carrier to provide service to a desired location, even when
that location's per passenger subsidy is over the allowable
dollar amount. To qualify, a State or local government must be
willing to pay the difference between the per passenger subsidy
and the allowable dollar amount for such subsidy. This section
would also authorize a State or local government to submit a
proposal for a preferred air carrier service. This proposal may
be submitted when an air carrier is not the lowest cost bidder
to provide air transportation to an eligible place, but a State
or local government is willing to pay the difference between
the lowest bid and the preferred air carrier.
SUBTITLE C--MISCELLANEOUS
Sec. 431. Clarification of air carrier fee disputes.
This section would amend current law to clarify that 49 USC
47129 applies to both air carriers and foreign air carriers.
Current law provides an expedited administrative forum for
determining whether significant carrier fees levied by airports
are reasonable. The provision would require disputing airlines
to continue to pay the contested fees, and would prohibit the
charging airport from locking out complaining airlines. It
would also require the charging airports to provide a mechanism
such as a bond, surety or line of credit, to guarantee refunds
to disputing airlines of fees determined to be unreasonable.
The DOT has treated the provision as applying to both air
carriers and foreign air carriers. There is currently pending a
case in which the U.S. Court of Appeals for the District of
Columbia Circuit may determine whether foreign airlines are
covered by 49 USC 47129. The Department has argued that
excluding foreign airlines from the coverage of 49 USC 47129
would discriminate against them, contrary to the international
commitments of the U.S. Government.
Sec. 432. Contract tower program.
This section authorizes spending on the ATC contract tower
program at a level of $9.5 million in FY 2010 and $10 million
in FY 2011. The section would also adjust the timing of
conducting benefit/cost criteria for such towers, increase the
maximum Federal participation in new tower construction, and
establish uniform standards for contract tower safety audits.
This section would also amend the cost/benefit analysis to
compare the costs of operating an air traffic tower against the
benefit with the local or State government paying no more than
20 percent for smaller airports.
Sec. 433. Airfares for members of the Armed Forces.
In recognition of the contributions members of the Armed
Forces and their families make to the nation, Congress
recommends in this section that air carriers offer all members
of the Armed Forces on active duty (1) reduced fares that are
comparable to the lowest airfare for ticketed flights, and (2)
flexible terms to purchase, modify, or cancel tickets without
time restrictions, fees, or penalties.
TITLE V--SAFETY
SUBTITLE A--AVIATION SAFETY
Sec. 501. Runway safety equipment plan.
This section would require the FAA to issue a plan to reduce
runway incursions in the NAS not later than December 31, 2009,
with a requirement for that plan to be integrated into the
FAA's NextGen Implementation Plan.
Sec. 502. Judicial review of denial of airman certificates.
This section would provide the FAA with the authority to seek
judicial review of NTSB decisions involving airman certificate
denials.
Sec. 503. Release of data relating to abandoned type certificates and
supplemental type certificates.
This section would clarify that FAA may release data related
to abandoned type certificates and supplemental type
certificates, without the consent of the owner of record, if
the FAA first determines that (1) there has been no proprietary
interest exercised over the data for three years, (2) the type
certificate owner has not been located, and (3) it would
enhance safety if the data were released to aircraft operators
in order to safely maintain and operate their vintage aircraft.
Sec. 504. Design organization certificates.
This section would extend the timeline for FAA to begin to
issue design organization certificates by one year.
Sec. 505. FAA access to criminal history records or database systems.
This section would provide statutory authority for the FAA to
continue to access the National Crime Information Center (NCIC)
and related State criminal history databases so that FAA may
continue to perform critical safety and security functions.
Sec. 506. Flight crew fatigue.
This section would require a study of pilot fatigue to be
conducted by the National Academy of Sciences, and for the FAA
to consider the study's findings as part of its rulemaking
proceeding on pilot flight time limitations and rest
requirements. The section would also require the FAA to
initiate a process to carry out the recommendations of the
Civil Aerospace Medical Institute (CAMI) study on flight
attendant fatigue.
Sec. 507. Increasing safety for helicopter and fixed wing emergency
medical service operators and patients.
This section would require all helicopter emergency medical
service operators to comply with the regulation in part 135 of
title 14, CFR whenever there is a medical crew on board,
without regard to whether there are patients on board the
emergency medical aircraft. This section would also require the
FAA to initiate a rulemaking to require these operators to use
a standardized checklist of risk evaluation factors to
determine whether a mission should be accepted. This section
would require another FAA rulemaking to create a standardized
flight dispatch procedure for these operators. This section
would also require any aircraft used for these operations to
have on board an operational terrain awareness and warning
system within one year of the date of enactment. An additional
rulemaking would be required, after a feasibility study, to
require flight data and cockpit voice recorders on board these
aircraft. Lastly, this section would require operators to
submit to the FAA various data relating to flight requests,
accident information, the number of flights conducted by the
operator, and whether multiple aircraft responded to a call.
Sec. 508. Cabin crew communication.
This section would require that flight attendants for FAA
certificate holders must possess the ability to read, speak,
and write English. This requirement would not apply to
certificate holders' flights that are solely between points
outside the United States.
Sec. 509. Clarification of Memorandum of Understanding with OSHA.
This section would require the FAA Administrator to establish
milestones and a policy statement for the completion of work
with the OSHA begun under the August 2000 memorandum regarding
the application of OSHA requirements to crewmembers while
working in an aircraft.
Sec. 510. Acceleration of development and implementation of Required
Navigation Performance approach procedures.
This section would require the FAA Administrator to set a
target for achieving a minimum of 200 RNP procedures each
fiscal year through FY 2012, with 25 percent of that target
number meeting the low visibility approach criteria.
Sec. 511. Improved safety information.
This section would require the FAA Administrator to issue a
final rule regarding re-registration and renewal of aircraft
registration which must include preparing for the expiration of
aircraft registration certificates and periodic renewal process
and other measures to promote the accuracy of the
Administration's aircraft registry.
Sec. 512. Voluntary disclosure reporting process improvements.
This section would require that FAA inspectors (1) evaluate
corrective actions to ensure they are sufficiently
comprehensive and apply to all affected aircraft before
accepting a voluntary disclosure report, (2) verify that the
corrective action is completed during the proposed timeframe,
and (3) verify by inspection that the corrective action has
occurred. This section would also require that the voluntary
disclosure reporting process is reviewed by a second level
supervisor before accepted and that this problem has not been
previously identified by an FAA inspector and has not been
previously disclosed within 5 years of being disclosed. The
section also requires a GAO study of the Voluntary Disclosure
Reporting Program.
Sec. 513. Procedural improvements for inspections.
This section would require that the FAA, within 90 days of
enactment, initiate rulemaking proceedings to prohibit, for
three years, FAA inspectors from leaving the Agency to work for
the air carrier that they were responsible for inspecting.
This section would also require that the FAA implement within
90 days a process for tracking field office reviews of air
carrier compliance with airworthiness directives. Each air
carrier is reviewed for 100 percent compliance on a 5 year
cycle. Compliance reviews include physical inspections at each
applicable carrier. Local and regional offices are directed to
be contacted when a carrier is no longer in compliance with an
airworthiness directive.
Sec. 514. Independent review of safety issues.
This section would require the GAO to initiate a review and
investigation of air safety issues identified by FAA employees
and reported to the Administrator. The GAO must report any
findings to the Administrator and relevant Congressional
Committees on an annual basis.
Sec. 515. National review team.
This section would require the FAA to create a national
review team to conduct unannounced, periodic, random reviews of
the Administration's oversight of air carriers which would
report to the Administrator and the relevant Congressional
Committees. Members of the team would not be permitted to
review an air carrier that they previously had responsibility
for overseeing. The section would also direct the DOT Inspector
General to provide progress reports on the review team's
effectiveness to Congress. The section would authorize the
Administrator to hire a net increase of 200 additional safety
inspectors.
Sec. 516. FAA Academy improvements.
This section would require the FAA to conduct a comprehensive
review of its Academy and facility training efforts within 1
year after the date of enactment. The FAA would be required to
clarify responsibility for oversight and direction of the
facility training program at the national level and establish
standards to identify the number of developmental controllers
that can be accommodated by each facility.
Sec. 517. Reduction of runway incursions and operational errors.
This section would require the FAA to develop a plan for
reducing runway incursions by initiating action to improve
airport lighting, provide better signage, and improve runway
and taxiway markings. Within 1 year, the FAA must also develop
a process for tracking operational errors and runway
incursions.
Sec. 518. Aviation safety whistleblower investigation office.
This section would establish an Aviation Safety Whistleblower
Investigation Office to investigate complaints, and assess and
make recommendations to the Administrator regarding further
investigation or corrective actions. It would require the
appointment of an independent Director of the Office for a 5
year term and prohibits the disclosure of individuals who
submit complaints or information. The Director would be
required to report criminal violations to the DOT IG, and to
provide annual reports to Congress to summarize the activities
of the Office.
Sec. 519. Modification of customer service initiative.
This section would direct the FAA to remove from their
customer service initiative, mission statements, and vision
statements, any reference to air carriers as ``customers''.
Also, this section would instruct the agency to ensure that
these statements should emphasize safety as the agency's
highest priority when considering the dissatisfaction of any
regulated entity.
Sec. 520. Headquarters review of Air Transportation Oversight System
database.
This section would require the FAA to create a process by
which the current ATOS database is reviewed internally on a
monthly basis (1) to identify trends in regulatory compliance
and (2) to ensure the appropriate corrective actions are taken.
It also requires quarterly reports to Congress on the results
of such reviews.
Sec. 521. Inspection of foreign repair stations.
This section would require the FAA Administrator to establish
and implement a safety assessment system for all FAA certified
repair stations outside the U.S. This system would be required
to ensure that foreign repair stations are subject to
appropriate inspections. The inspection results for foreign
civil aviation authorities would be considered if the foreign
country has a maintenance safety agreement with the U.S. All
maintenance service agreements would allow the FAA to conduct
inspections of their repair stations, and the FAA would be
required to notify Congress within 30 days of initiating formal
negotiations with foreign aviation authorities. The FAA would
also be required to provide annual reports on the agency's
ability to track foreign repair work, staffing needs, and the
level of training and quality of work being performed.
This section would require the Secretaries of State and DOT
to request that members of the International Civil Aviation
Organization (ICAO) establish international standards for
alcohol and controlled substance testing standards for
maintenance workers. Within 1 year, the FAA Administrator would
be required to establish a proposed rule requiring all repair
stations abroad to implement alcohol and controlled substance
testing for their workers that are acceptable to the FAA and
consistent with the laws of the country in which it is located.
Additionally, the FAA would be required to inspect all repair
stations, including those abroad, at least twice a year in a
manner consistent with U.S. obligations under international
agreements, except that the use of FAA inspections would not be
required if there is a bilateral aviation safety agreement in
place that allows for comparable inspection by local
authorities.
Sec. 522. Non-certificated maintenance providers.
This section would require the FAA Administrator to issue
regulations requiring all aircraft maintenance for air carriers
to be performed by individuals who are (1) employed by an air
carrier, (2) employed by a part 145 repair station, (3)
employed by a contractor of a part 145 repair station or air
carrier, which meets the requirements of a part 121 air carrier
or part 145 repair station and who performs work under a part
135 or part 121's supervision authorities and in accordance
with the air carriers maintenance manual, or (4) employed by a
holder of a production certificate that originally and
continues to produce the article upon which the work is being
conducted and in conjunction with a part 145 repair station or
air carrier.
SUBTITLE B--FLIGHT SAFETY
Sec. 551. Pilot applicant employment records.
This section would require that part 121 air carriers review
a pilot's entire flight history before making hiring decisions.
It would mandate that the FAA develop and maintain a
comprehensive database of pilot records, including both FAA
records and air carrier records. It also contains provisions
permitting pilots to review and correct their records.
Sec. 552. Air carrier safety management systems.
This section would require all part 121 air carriers to
implement three safety programs as part of their Safety
Management System (SMS): (1) an ASAP; (2) a FOQA program; and
(3) a LOSA program. It would also require that the FAA
implement employee protections for the ASAP and FOQA programs.
It mandates that the FAA Administrator consider the viability
of integrating cockpit voice recorder data into safety
oversight practices and ensure that the agency enforce safety
regulations in a consistent manner.
Sec. 553. Implementation of NTSB Recommendations.
This section would require the Administrator to submit an
annual report to Congress regarding the recommendations issued
by the NTSB consisting of (1) whether the FAA plans to
implement the recommendation, (2) if so, what actions the FAA
plans to take to implement the recommendation, and (3) if the
FAA chooses to not implement a NTSB recommendation, its
reasoning for not doing so.
This section would also require the FAA to, within 180 days,
submit to Congress the above information on all current NTSB
recommendations not implemented so far.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation
Safety Action Programs, and Line Operational Safety Audit
Programs.
This section would limit the use of FOQA and ASAP and LOSA
data in judicial proceedings. FOQA, ASAP or LOSA data would
only be allowed in a judicial proceeding if the judge finds
that a party shows that the information is relevant, not
otherwise known or available, and demonstrates a particularized
need for the information that outweighs the intrusion upon the
confidentiality of these programs. When this information is
used in a judicial proceeding, the court would be required to
protect it against further dissemination with a protective
order and placing the information under seal. This section
would also prevent disclosure of this data through the Freedom
of Information Act (FOIA). This section would not prevent the
NTSB from referring to information provided under the FOQA,
ASAP, or LOSA programs.
Sec. 555. Re-evaluation of flight crew training, testing, and
certification requirements.
This section would require the Administrator to develop and
implement a plan to reevaluate flight crew training procedures
and specifies what types of training would be included in the
review. This section also would require the Administrator to
initiate a new rulemaking to reevaluate minimum requirements to
become a commercial pilot, certificated captain, and when
transitioning to a new type of aircraft.
Sec. 556. Safety inspections of regional air carriers.
This section would instruct the Administrator to make random,
on-site safety inspections of regional air carriers at least
once a year.
Sec. 557. Establishment of safety standards with respect to the
training, hiring and operation of aircraft by pilots.
The section would require the FAA to issue a final rule
establishing training safety standards for pilots within 180
days after enactment of this Act, which would end the comment
period that had been extended from January 12, 2009.
Sec. 558. Oversight of pilot training schools.
This section would require the Administrator to submit a plan
to Congress detailing the FAA's plans to enforce oversight over
Pilot Training Schools.
Sec. 559. Enhanced Training for Flight Attendants and Gate Agents.
This section would require that flight attendants and gate
agents receive training related to serving alcohol to
passengers, as well as recognizing and dealing with intoxicated
passengers.
Sec. 560. Definitions.
This section would define the terms ``Aviation Safety Action
Program'', ``Administrator'', ``Air Carrier'', ``FAA'', ``FOQA
Program'', ``Line Operation Safety Audit Program'', and ``Part
121 Air Carrier''.
TITLE VI-- AVIATION RESEARCH
Sec. 601. Airport cooperative research program.
This section would provide a permanent authorization for the
Airport Cooperative Research Program (ACRP), which was
originally established as a pilot research program under Vision
100. This section would authorize funding at $15 million per
year, of which at least $5 million is specifically targeted to
perform research on airport environmental issues.
Sec. 602. Reduction of noise, emissions, and energy consumption from
civilian aircraft.
This section would require the FAA to establish a research
program related to reducing civilian aircraft energy use,
emissions, and source noise through grants or other measures
which may include cost-sharing. The section would also set
performance objectives the program must accomplish.
Sec. 603. Production of alternative fuel technology for civilian
aircraft.
This section would require DOT to establish a research
program to develop jet fuel from natural gas, biomass, and
other renewable sources. This section would also require that
the FAA designate an institution a Center of Excellence for
Alternative Jet-Fuel Research for Civil Aircraft within 180
days.
Sec. 604. Production of clean coal fuel technology for civilian
aircraft.
This section would require the Secretary of Transportation to
establish a Center of Excellence for a research program related
to developing jet fuel from clean coal through grants or other
measures, with a requirement to include educational and
research institutions in the initiative.
Sec. 605. Advisory committee on future of aeronautics.
This section would establish the ``Advisory Committee on the
Future of Aeronautics.'' The purpose of this advisory committee
would be to examine the best governmental and organizational
structures for aeronautics research and development.
Sec. 606. Research program to improve airfield pavements.
This section would allow the FAA to continue a program that
authorizes awards to nonprofit research foundations to improve
the construction and durability of pavement for runways.
Sec. 607. Wake turbulence, volcanic ash, and weather research.
This section would require the FAA to (1) evaluate proposals
to reduce existing spacing requirements between aircraft, (2)
implement a system to improve volcanic ash avoidance options
for aircraft, and (3) establish weather research projects--
including research on ground de-icing and anti-icing.
Sec. 608. Incorporation of Unmanned Aircraft Systems into FAA plans and
policies.
This section would allow the FAA to conduct developmental
research on unmanned aircraft systems. It would also direct the
FAA and the NAS to create an assessment of UAS capabilities and
requires the NAS to submit a report to Congress on the subject.
This section would require the FAA to issue a rule to update
the most recent policy statement on unmanned aircraft systems,
and would direct the FAA to identify permanent areas in the
Arctic where unmanned aircraft may operate 24 hours a day. This
section would also require the FAA to take part in cost-share
pilot projects designed to accelerate the safe integration of
UASs into the NAS.
Sec. 609. Reauthorization of center of excellence in applied research
and training in the use of advanced materials in transport
aircraft.
This section would reauthorize funding for the Center of
Excellence in Applied Research and Training through FY 2012 at
a level of $1 million annually.
Sec. 610. Pilot program for zero emission airport vehicles.
This section would direct the DOT Secretary to establish a
pilot program to foster the acquisition and use of zero
emissions vehicles at airports.
Sec. 611. Reduction of emissions from airport power sources.
This section would establish a program through which the DOT
Secretary will encourage airport operators to assess their
energy requirements and identify opportunities to reduce
harmful emissions and increase energy efficiency. This section
would also authorize the Secretary to make grants to eligible
airports relating to reducing harmful emissions and increasing
energy efficiency.
Sec. 612. Siting of windfarms near FAA navigational aides and other
assets.
This section would require the FAA Administrator to survey
and assess the leases for critical FAA facility sites and
determine how close these facilities are to wind farms or areas
suitable for the construction of wind farms. Following the
assessment, the FAA would be required to report to Congress and
the GAO on its findings and recommendations. This section would
also require GAO to assess the potential impact wind farms have
on the FAA's navigational aides and methods and restrictions to
mitigate the effects of wind farms on navigational aides. Upon
receipt of the GAO report, the FAA would be directed to issue
guidelines for the construction of wind farms near critical FAA
facilities.
Sec. 613. Research and Development for Equipment to Clean and Monitor
the Engine and APU Bleed Air Supplied on Pressurized Aircraft.
This section would require the FAA to conduct a research
program for the identification or development of effective air
cleaning technology and sensors technology for the engine and
auxiliary power unit bleed air supplied to passenger cabin and
flight deck of all pressurized aircraft. It would require the
FAA submit a report to Congress within one year.
TITLE VII--MISCELLANEOUS
Sec. 701. General authority.
This section would extend the program authority of the DOT
Secretary to provide war-risk insurance and reinsurance until
October 1, 2017. The section would also extend third party
liability protections through CY 2012 and the war risk
insurance program through CY 2011.
Sec. 702. Human intervention management study.
This section would require the Administrator of the FAA to
develop a Human Intervention Management Study program for cabin
crews employed by commercial air carriers in the U.S.
Sec. 703. Airport program modifications.
This section would require the Administrator of the FAA to
establish a formal, structured certification training program
for the airport concessions disadvantaged business enterprise
program. The section would also allow the Administrator to
appoint three additional staff to implement the program.
Sec. 704. Miscellaneous program extensions.
This section would extend the current AIP eligibility for the
Metropolitan Washington Airports Authority, which oversees both
Ronald Reagan Washington National Airport and Washington Dulles
International Airport, through FY 2011.
This section would also extend AIP eligibility for the
Marshall Islands, the Federated States of Micronesia, Palau,
and Midway Island Airport through FY 2011.
Sec. 705. Extension of competitive access reports.
This section would make permanent the requirement for air
carriers to file competitive access reports by eliminating the
current sunset provision.
Sec. 706. Update on overflights.
This section would direct the FAA to ensure that existing
overflight fees are reasonably related to agency costs of
providing air traffic services, and would require that the FAA
adjust the fees and begin collection of the appropriate amount
after considering recommendations made by the Aviation
Rulemaking Committee for Overflight Fees. The section would
further permit the FAA to periodically modify the fee based on
the cost of providing such service.
Sec. 707. Technical corrections.
This section would provide technical corrections to ensure
that the Merit Systems Protection Board has jurisdiction to
investigate claims made against FAA, and has the enforcement
ability at the agency that it does for all other Federal
employees.
Sec. 708. FAA technical training and staffing.
This section would instruct the GAO to conduct a study of the
training of FAA systems specialists, including a recommendation
for a future approach to training these employees. This section
would also require the FAA to develop a staffing model for
aviation safety inspectors within 18 months of passage.
Sec. 709. Commercial air tour operators in national parks.
This section would allow air tour overflights over a national
park when a voluntary agreement has been reached between the
operator and the appropriate representative of the national
park. This section would also provide a waiver from the general
rule prohibiting tour operations over national parks for
national parks that have 100 or fewer air tour operations each
year.
Sec. 710. Phaseout of stage 1 and 2 aircraft.
This section would prohibit the operation of a subsonic
turbojet to or from an airport in the U.S. unless it complies
with stage 3 noise levels. Airports would be able to opt out of
the prohibition.
Sec. 711. Weight restrictions at Teterboro Airport.
This section would prohibit the FAA from taking action
designed to challenge or influence the weight restrictions at
Teterboro Airport, New Jersey.
Sec. 712. Pilot program for redevelopment of airport properties.
This section would direct the FAA to create a pilot program
fostering the collaboration between airports that have
submitted a noise compatibility program and the surrounding
neighboring local jurisdictions to encourage airport-compatible
land uses and generate economic benefits to the local airport
authority and adjacent community. The FAA would also be able to
issue grants for this program.
Sec. 713. Transporting musical instruments.
This section would direct air carriers to allow the safe
transportation of musical instruments as carry-on baggage in
the seat next to the owner if the owner has purchased an
additional seat, or as checked baggage.
Sec. 714. Recycling plans for airports.
This section would amend the definition of airport planning
to include a plan for recycling and minimizing the generation
of airport solid waste.
Sec. 715. Disadvantaged Business Enterprise program adjustments.
This section would define the purpose of the DBE program and
set forth findings of Congress relating to the discrimination
of minority and woman owned businesses in the field of airport
concessions and contracts. This section would require the FAA
to establish mandatory training for its employees on whether a
small business concern in airport concessions qualifies as a
small business concern under the DBE program. This section
would also require the DOT to adjust the personal net worth cap
for the impact of inflation and exclude the amount of
retirement benefits in the calculation of net worth.
Sec. 716. Front line manager staffing.
This section would require the FAA Administrator to initiate
a study on front line manager staffing requirements in an ATC
facility.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
This section would require GAO to conduct a detailed study of
the air ambulance industry and to make recommendations related
to the interaction of State and Federal regulations of air
ambulances and whether there are systemic problems throughout
the industry.
Sec. 718. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
This section would repeal a restriction that prevents the DOT
from approving applications of the Metropolitan Washington
Airports Authority for airport development projects and to
impose a passenger facility fee.
Sec. 719. Study of aeronautical mobile telemetry.
This section would require the FAA to conduct a report that
identifies aeronautical mobile telemetry services needed over
the next decade by civil aviation and the potential impact of
the introduction of a new radio service operating at the same
spectrum as aeronautical mobile telemetry service.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
UNITED STATES CODE
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 106. Federal Aviation Administration
(a) The Federal Aviation Administration is an administration
in the Department of Transportation.
(b) The head of the Administration is the Administrator. The
Administration has a Deputy Administrator. They are appointed
by the President, by and with the advice and consent of the
Senate. When making an appointment, the President shall
consider the fitness of the individual to carry out efficiently
the duties and powers of the office. Except as provided in
subsection (f) or in other provisions of law, the Administrator
reports directly to the Secretary of Transportation. The term
of office for any individual appointed as Administrator after
August 23, 1994, shall be 5 years.
(c) The Administrator must--
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to
aviation.
(d)(1) The Deputy Administrator must be a citizen of the
United States and have experience in a field directly related
to aviation. An officer on active duty in an armed force may be
appointed as Deputy Administrator. However, if the
Administrator is a former regular officer of an armed force,
the Deputy Administrator may not be an officer on active duty
in an armed force, a retired regular officer of an armed force,
or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy Administrator
shall be set by the Secretary but shall not exceed the annual
rate of basic pay payable to the Administrator of the Federal
Aviation Administration.
(3) An officer on active duty or a retired officer serving as
Deputy Administrator is entitled to hold a rank and grade not
lower than that held when appointed as Deputy Administrator.
The Deputy Administrator may elect to receive (A) the pay
provided by law for the Deputy Administrator, or (B) the pay
and allowances or the retired pay of the military grade held.
If the Deputy Administrator elects to receive the military pay
and allowances or retired pay, the Administration shall
reimburse the appropriate military department from funds
available for the expenses of the Administration.
(4) The appointment and service of a member of the armed
forces as a Deputy Administrator does not affect the status,
office, rank, or grade held by that member, or a right or
benefit arising from the status, office, rank, or grade. The
Secretary of a military department does not control the member
when the member is carrying out duties and powers of the Deputy
Administrator.
(e) The Administrator and the Deputy Administrator may not
have a pecuniary interest in, or own stock in or bonds of, an
aeronautical enterprise, or engage in another business,
vocation, or employment.
(f) Authority of the Secretary and the Administrator.--
(1) Authority of the Secretary.--Except as provided
in paragraph (2), the Secretary of Transportation shall
carry out the duties and powers, and controls the
personnel and activities, of the Administration.
Neither the Secretary nor the Administrator may submit
decisions for the approval of, or be bound by the
decisions or recommendations of, a committee, board, or
organization established by executive order.
(2) Authority of the Administrator.--The
Administrator--
(A) is the final authority for carrying out
all functions, powers, and duties of the
Administration relating to--
(i) the appointment and employment of
all officers and employees of the
Administration (other than Presidential
and political appointees);
(ii) the acquisition and maintenance
of property, services, and equipment of
the Administration;
(iii) except as otherwise provided in
paragraph (3), the promulgation of
regulations, rules, orders, circulars,
bulletins, and other official
publications of the Administration; and
(iv) any obligation imposed on the
Administrator, or power conferred on
the Administrator, by the Air Traffic
Management System Performance
Improvement Act of 1996 (or any
amendment made by that Act);
(B) shall offer advice and counsel to the
President with respect to the appointment and
qualifications of any officer or employee of
the Administration to be appointed by the
President or as a political appointee;
(C) may delegate, and authorize successive
redelegations of, to an officer or employee of
the Administration any function, power, or duty
conferred upon the Administrator, unless such
delegation is prohibited by law; and
(D) except as otherwise provided for in this
title, and notwithstanding any other provision
of law, shall not be required to coordinate,
submit for approval or concurrence, or seek the
advice or views of the Secretary or any other
officer or employee of the Department of
Transportation on any matter with respect to
which the Administrator is the final authority.
(3) Regulations.--
(A) In general.--In the performance of the
functions of the Administrator and the
Administration, the Administrator is authorized
to issue, rescind, and revise such regulations
as are necessary to carry out those functions.
The issuance of such regulations shall be
governed by the provisions of chapter 5 of
title 5. The Administrator shall act upon all
petitions for rulemaking no later than 6 months
after the date such petitions are filed by
dismissing such petitions, by informing the
petitioner of an intention to dismiss, or by
issuing a notice of proposed rulemaking or
advanced notice of proposed rulemaking. The
Administrator shall issue a final regulation,
or take other final action, not later than 16
months after the last day of the public comment
period for the regulations or, in the case of
an advanced notice of proposed rulemaking, if
issued, not later than 24 months after the date
of publication in the Federal Register of
notice of the proposed rulemaking. On February
1 and August 1 of each year the Administrator
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
letter listing each deadline the Administrator
missed under this subparagraph during the 6-
month period ending on such date, including an
explanation for missing the deadline and a
projected date on which the action that was
subject to the deadline will be taken.
(B) Approval of Secretary of
Transportation.--
(i) The Administrator may not issue a
proposed regulation or final regulation
that is likely to result in the
expenditure by State, local, and tribal
governments in the aggregate, or by the
private sector, of $250,000,000 or more
(adjusted annually for inflation
beginning with the year following the
date of the enactment of the Wendell H.
Ford Aviation Investment and Reform Act
for the 21st Century) in any year, or
any regulation which is significant,
unless the Secretary of Transportation
approves the issuance of the regulation
in advance. For purposes of this
paragraph, a regulation is significant
if the Administrator, in consultation
with the Secretary (as appropriate),
determines that the regulation is
likely to--
(I) have an annual effect on
the economy of $250,000,000 or
more or adversely affect in a
substantial material way the
economy, a sector of the
economy, productivity,
competition, jobs, the
environment, public health or
safety, or State, local, or
tribal governments or
communities; or
(II) raise novel or
significant legal or policy
issues arising out of legal
mandates that may substantially
and materially affect other
transportation modes.
(ii) In an emergency, the
Administrator may issue a regulation
described in clause (i) without prior
approval by the Secretary, but any such
emergency regulation is subject to
ratification by the Secretary after it
is issued and shall be rescinded by the
Administrator within 5 days (excluding
Saturdays, Sundays, and legal public
holidays) after issuance if the
Secretary fails to ratify its issuance.
(iii) Any regulation that does not
meet the criteria of clause (i), and
any regulation or other action that is
a routine or frequent action or a
procedural action, may be issued by the
Administrator without review or
approval by the Secretary.
(iv) The Administrator shall submit a
copy of any regulation requiring
approval by the Secretary under clause
(i) to the Secretary, who shall either
approve it or return it to the
Administrator with comments within 45
days after receiving it.
(C) Periodic review.--
(i) Beginning on the date which is 3
years after the date of the enactment
of the Air Traffic Management System
Performance Improvement Act of 1996,
the Administrator shall review any
unusually burdensome regulation issued
by the Administrator after such date of
enactment beginning not later than 3
years after the effective date of the
regulation to determine if the cost
assumptions were accurate, the benefit
of the regulations, and the need to
continue such regulations in force in
their present form.
(ii) The Administrator may identify
for review under the criteria set forth
in clause (i) unusually burdensome
regulations that were issued before the
date of the enactment of the Air
Traffic Management System Performance
Improvement Act of 1996 and that have
been in force for more than 3 years.
(iii) For purposes of this
subparagraph, the term ``unusually
burdensome regulation'' means any
regulation that results in the annual
expenditure by State, local, and tribal
governments in the aggregate, or by the
private sector, of $25,000,000 or more
(adjusted annually for inflation
beginning with the year following the
date of the enactment of the Air
Traffic Management System Performance
Act of 1996) in any year.
(iv) The periodic review of
regulations may be performed by
advisory committees and the Management
Advisory Council established under
subsection (p).
(4) Definition of political appointee.--For purposes
of this subsection, the term ``political appointee''
means any individual who--
(A) is employed in a position listed in
sections 5312 through 5316 of title 5 (relating
to the Executive Schedule);
(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in
the Senior Executive Service, as defined under
paragraphs (5), (6), and (7), respectively, of
section 3132(a) of title 5; or
(C) is employed in a position in the
executive branch of the Government of a
confidential or policy-determining character
under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.
(g) Duties and powers of Administrator.--
(1) Except as provided in paragraph (2) of this
subsection, the Administrator shall carry out--
(A) duties and powers of the Secretary of
Transportation under subsection (f) of this
section related to aviation safety (except
those related to transportation, packaging,
marking, or description of hazardous material)
and stated in sections 308(b), 1132(c) and (d),
40101(c), 40103(b), 40106(a), 40108, 40109(b),
40113(a), 40113(c), 40113(d), 40113(e),
40114(a), and 40119, chapter 445 (except
sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514,
and 44515), chapter 447 (except sections 44717,
44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723), chapter 449 (except sections
44903(d), 44904, 44905, 44907-44911, 44913,
44915, and 44931-44934), chapter 451, chapter
453, sections 46104, 46301(d) and (h)(2),
46303(c), 46304-46308, 46310, 46311, and 46313-
46316, chapter 465, and sections 47504(b)
(related to flight procedures), 47508(a), and
48107 of this title; and
(B) additional duties and powers prescribed
by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903(a)-
(c) and (e), 44906, 44912, 44935-44937, 44938(a) and
(b), and 48107 of this title, paragraph (1)(A) of this
subsection does not apply to duties and powers vested
in the Director of Intelligence and Security by section
44931 of this title.
(h) Section 40101(d) of this title applies to duties and
powers specified in subsection (g)(1) of this section. Any of
those duties and powers may be transferred to another part of
the Department only when specifically provided by law or a
reorganization plan submitted under chapter 9 of title 5. A
decision of the Administrator in carrying out those duties or
powers is administratively final.
(i) The Deputy Administrator shall carry out duties and
powers prescribed by the Administrator. The Deputy
Administrator acts for the Administrator when the Administrator
is absent or unable to serve, or when the office of the
Administrator is vacant.
(j) There is established within the Federal Aviation
Administration an institute to conduct civil aeromedical
research under section 44507 of this title. Such institute
shall be known as the ``Civil Aeromedical Institute''. Research
conducted by the institute should take appropriate advantage of
capabilities of other government agencies, universities, or the
private sector.
(k) Authorization of appropriations for operations.--
(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and
maintenance of the Administration--
[(A) $7,591,000,000 for fiscal year 2004;
[(B) $7,732,000,000 for fiscal year 2005;
[(C) $7,889,000,000 for fiscal year 2006;
[(D) $8,064,000,000 for fiscal year 2007; and
[(E) $9,042,467,000 for fiscal year 2009.]
(A) $9,336,000,000 for fiscal year 2010; and
(B) $9,620,000,000 for fiscal year 2011.
Such sums shall remain available until expended.
(2) Authorized expenditures.--Out of amounts
appropriated under paragraph (1), the following
expenditures are authorized:
(A) Such sums as may be necessary for fiscal
years 2004 through 2007 to support
infrastructure systems development for both
general aviation and the vertical flight
industry.
(B) Such sums as may be necessary for fiscal
years 2004 through 2007 to establish helicopter
approach procedures using current technologies
(such as the Global Positioning System) to
support all-weather, emergency medical service
for trauma patients.
(C) Such sums as may be necessary for fiscal
years 2004 through 2007 to revise existing
terminal and en route procedures and instrument
flight rules to facilitate the takeoff, flight,
and landing of tiltrotor aircraft and to
improve the national airspace system by
separating such aircraft from congested flight
paths of fixed-wing aircraft.
(D) Such sums as may be necessary for fiscal
years 2004 through 2007 for the Center for
Management Development of the Federal Aviation
Administration to operate training courses and
to support associated student travel for both
residential and field courses.
(E) Such sums as may be necessary for fiscal
years 2004 through 2007 to carry out and expand
the Air Traffic Control Collegiate Training
Initiative.
(F) Such sums as may be necessary for fiscal
years 2004 through 2007 for the completion of
the Alaska aviation safety project with respect
to the 3 dimensional mapping of Alaska's main
aviation corridors.
(G) Such sums as may be necessary for fiscal
years 2004 through 2007 to carry out the
Aviation Safety Reporting System.
(l) Personnel and services.--
(1) Officers and employees.--Except as provided in
subsections (a) and (g) of section 40122, the
Administrator is authorized, in the performance of the
functions of the Administrator, to appoint, transfer,
and fix the compensation of such officers and
employees, including attorneys, as may be necessary to
carry out the functions of the Administrator and the
Administration. In fixing compensation and benefits of
officers and employees, the Administrator shall not
engage in any type of bargaining, except to the extent
provided for in section 40122(a), nor shall the
Administrator be bound by any requirement to establish
such compensation or benefits at particular levels.
(2) Experts and consultants.--The Administrator is
authorized to obtain the services of experts and
consultants in accordance with section 3109 of title 5.
(3) Transportation and per diem expenses.--The
Administrator is authorized to pay transportation
expenses, and per diem in lieu of subsistence expenses,
in accordance with chapter 57 of title 5.
(4) Use of personnel from other agencies.--The
Administrator is authorized to utilize the services of
personnel of any other Federal agency (as such term is
defined under section 551(1) of title 5).
(5) Voluntary services.--
(A) General rule.--In exercising the
authority to accept gifts and voluntary
services under section 326 of this title, and
without regard to section 1342 of title 31, the
Administrator may not accept voluntary and
uncompensated services if such services are
used to displace Federal employees employed on
a full-time, part-time, or seasonal basis.
(B) Incidental expenses. The Administrator is
authorized to provide for incidental expenses,
including transportation, lodging, and
subsistence, for volunteers who provide
voluntary services under this subsection.
(C) Limited treatment as federal employees.--
An individual who provides voluntary services
under this subsection shall not be considered a
Federal employee for any purpose other than for
purposes of chapter 81 of title 5, relating to
compensation for work injuries, and chapter 171
of title 28, relating to tort claims.
(6) Contracts.--The Administrator is authorized to
enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary to carry out the functions of the
Administrator and the Administration. The Administrator
may enter into such contracts, leases, cooperative
agreements, and other transactions with any Federal
agency (as such term is defined in section 551(1) of
title 5) or any instrumentality of the United States,
any State, territory, or possession, or political
subdivision thereof, any other governmental entity, or
any person, firm, association, corporation, or
educational institution, on such terms and conditions
as the Administrator may consider appropriate.
(7) Air Traffic Services.--In determining what
actions to take, by rule or through an agreement or
transaction under paragraph (6) or under section 44502,
to permit non-Government providers of communications,
navigation, surveillance or other services to provide
such services in the National Airspace System, or to
require the usage of such services, the Administrator
shall consider whether such actions would--
(A) promote the safety of life and property;
(B) improve the efficiency of the National
Airspace System and reduce the regulatory
burden upon National Airspace System users,
based upon sound engineering principles, user
operational requirements, and marketplace
demands;
(C) encourage competition and provide
services to the largest feasible number of
users; and
(D) take into account the unique role served
by general aviation.
(m) Cooperation by Administrator.--With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment,
personnel, and facilities of any other Federal agency (as such
term is defined in section 551(1) of title 5) and any other
public or private entity. The Administrator may also cooperate
with appropriate officials of other public and private agencies
and instrumentalities concerning the use of services,
equipment, personnel, and facilities. The head of each Federal
agency shall cooperate with the Administrator in making the
services, equipment, personnel, and facilities of the Federal
agency available to the Administrator. The head of a Federal
agency is authorized, notwithstanding any other provision of
law, to transfer to or to receive from the Administration,
[without] with or without reimbursement, supplies, personnel,
services, and equipment other than administrative supplies or
equipment.
(n) Acquisition.--
(1) In general.--The Administrator is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise), construct,
improve, repair, operate, and maintain--
(i) air traffic control facilities
and equipment;
(ii) research and testing sites and
facilities; and
(iii) such other real and personal
property (including office space and
patents), or any interest therein,
within and outside the continental
United States as the Administrator
considers necessary;
(B) to lease to others such real and personal
property; and
(C) to provide by contract or otherwise for
eating facilities and other necessary
facilities for the welfare of employees of the
Administration at the installations of the
Administration, and to acquire, operate, and
maintain equipment for these facilities.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(o) Transfers of funds.--The Administrator is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred by law to the Administrator or functions
transferred pursuant to law to the Administrator on or after
the date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996.
[(p) Management Advisory Council and Air Traffic Services
Board.--
[(1) Establishment.--Within 3 months after the date
of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996, the Administrator
shall establish an advisory council which shall be
known as the Federal Aviation Management Advisory
Council (in this subsection referred to as the
``Council''). With respect to Administration
management, policy, spending, funding, and regulatory
matters affecting the aviation industry, the Council
may submit comments, recommended modifications, and
dissenting views to the Administrator. The
Administrator shall include in any submission to
Congress, the Secretary, or the general public, and in
any submission for publication in the Federal Register,
a description of the comments, recommended
modifications, and dissenting views received from the
Council, together with the reasons for any differences
between the views of the Council and the views or
actions of the Administrator.
[(2) Membership.--The Council shall consist of 13
members, who shall consist of--
[(A) a designee of the Secretary of
Transportation;
[(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation
interests, appointed by--
[(i) in the case of initial
appointments to the Council, the
President by and with the advice and
consent of the Senate, except that
initial appointments made after May 1,
2003, shall be made by the Secretary of
Transportation; and
[(ii) in the case of subsequent
appointments to the Council, the
Secretary of Transportation; and
[(D) 1 member appointed, from among
individuals who are the leaders of their
respective unions of air traffic control system
employees, by the Secretary of Transportation.
[(3) Qualifications.--No officer or employee of the
United States Government may be appointed to the
Council under paragraph (2)(C) or to the Air Traffic
Services Committee.
[(4) Functions.--
[(A) In general.--
[(i) The Council shall provide advice
and counsel to the Administrator on
issues which affect or are affected by
the operations of the Administrator.
The Council shall function as an
oversight resource for management,
policy, spending, and regulatory
matters under the jurisdiction of the
Administration.
[(ii) The Council shall review the
rulemaking cost-benefit analysis
process and develop recommendations to
improve the analysis and ensure that
the public interest is fully protected.
[(iii) The Council shall review the
process through which the
Administration determines to use
advisory circulars and service
bulletins.
[(B) Meetings.--The Council shall meet on a
regular and periodic basis or at the call of
the chairman or of the Administrator.
[(C) Access to documents and staff.--The
Administration may give the Council or Air
Traffic Services Committee appropriate access
to relevant documents and personnel of the
Administration, and the Administrator shall
make available, consistent with the authority
to withhold commercial and other proprietary
information under section 552 of title 5
(commonly known as the ``Freedom of Information
Act''), cost data associated with the
acquisition and operation of air traffic
service systems. Any member of the Council or
Air Traffic Services Committee who receives
commercial or other proprietary data from the
Administrator shall be subject to the
provisions of section 1905 of title 18,
pertaining to unauthorized disclosure of such
information.
[(5) Federal Advisory Committee Act not to apply.--
The Federal Advisory Committee Act (5 U.S.C. App.) does
not apply to the Council, the Air Traffic Services
Committee, or such aviation rulemaking committees as
the Administrator shall designate.
[(6) Administrative matters.--
[(A) Terms of members appointed under
paragraph (2)(c).--Members of the Council
appointed under paragraph (2)(C) shall be
appointed for a term of 3 years. Of the members
first appointed by the President under
paragraph (2)(C)--
[(i) 3 shall be appointed for terms
of 1 year;
[(ii) 4 shall be appointed for terms
of 2 years; and
[(iii) 3 shall be appointed for terms
of 3 years.
[(B) Term for air traffic control
representative.--The member appointed under
paragraph (2)(D) shall be appointed for a term
of 3 years, except that the term of such
individual shall end whenever the individual no
longer meets the requirements of paragraph
(2)(D).
[(C) Terms for Air Traffic Services Committee
members.--The members appointed to the Air
Traffic Services Committee shall be appointed
for a term of 5 years, except that the first
members of the Committee shall be the members
of the Air Traffic Services Subcommittee of the
Council on the day before the date of enactment
of the Vision 100--Century of Aviation
Reauthorization Act who shall serve in an
advisory capacity until such time as the
President appoints the members of the Committee
under paragraph (7).
[(D) Reappointment.--An individual may not be
appointed to the Committee to more than two 5-
year terms.
[(E) Vacancy.--Any vacancy on the Council or
Committee shall be filled in the same manner as
the original appointment, except that any
vacancy caused by a member appointed by the
President under paragraph (2)(C)(i) shall be
filled by the Secretary in accordance with
paragraph (2)(C)(ii). Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed for the
remainder of that term.
[(F) Continuation in office.--A member of the
Council or Committee whose term expires shall
continue to serve until the date on which the
member's successor takes office.
[(G) Removal.--Any member of the Council
appointed under paragraph (2)(D) may be removed
for cause by the President or Secretary whoever
makes the appointment. Any member of the
Committee may be removed for cause by the
Secretary.
[(H) Claims against members of Committee.--
[(i) In general.--A member appointed
to the Committee shall have no personal
liability under Federal law with
respect to any claim arising out of or
resulting from an act or omission by
such member within the scope of service
as a member of the Committee.
[(ii) Effect on other law.--This
subparagraph shall not be construed--
[(I) to affect any other
immunity or protection that may
be available to a member of the
Subcommittee under applicable
law with respect to such
transactions;
[(II) to affect any other
right or remedy against the
United States under applicable
law; or
[(III) to limit or alter in
any way the immunities that are
available under applicable law
for Federal officers and
employees.
[(I) Ethical considerations.--
[(i) Financial disclosure.--During
the entire period that an individual is
serving as a member of the Committee,
such individual shall be treated as
serving as an officer or employee
referred to in section 101(f) of the
Ethics in Government Act of 1978 for
purposes of title I of such Act; except
that section 101(d) of such Act shall
apply without regard to the number of
days of service in the position.
[(ii) Restrictions on post-
employment.--For purposes of section
207(c) of title 18, an individual who
is a member of the Committee shall be
treated as an employee referred to in
section 207(c)(2)(A)(i) of such title
during the entire period the individual
is a member of the Committee; except
that subsections (c)(2)(B) and (f) of
section 207 of such title shall not
apply.
[(J) Chairman; vice chairman.--The Council
shall elect a chair and a vice chair from among
the members appointed under paragraph (2)(C),
each of whom shall serve for a term of 1 year.
The vice chair shall perform the duties of the
chairman in the absence of the chairman.
[(K) Travel and per diem.--Each member of the
Council or Committee shall be paid actual
travel expenses, and per diem in lieu of
subsistence expenses when away from his or her
usual place of residence, in accordance with
section 5703 of title 5.
[(L) Detail of personnel from the
administration.--The Administrator shall make
available to the Council or Committee such
staff, information, and administrative services
and assistance as may reasonably be required to
enable the Council or Committee to carry out
its responsibilities under this subsection.
[(7) Air Traffic Services Committee.--
[(A) Establishment.--The Administrator shall
establish a committee that is independent of
the Council by converting the Air Traffic
Services Subcommittee of the Council, as in
effect on the day before the date of enactment
of the Vision 100--Century of Aviation
Reauthorization Act, into such committee. The
committee shall be known as the Air Traffic
Services Committee (in this subsection referred
to as the ``Committee'').
[(B) Membership and qualifications.--Subject
to paragraph (6)(C), the Committee shall
consist of five members, one of whom shall be
the Administrator and shall serve as
chairperson. The remaining members shall be
appointed by the President with the advice and
consent of the Senate and--
[(i) shall have a fiduciary
responsibility to represent the public
interest;
[(ii) shall be citizens of the United
States; and
[(iii) shall be appointed without
regard to political affiliation and
solely on the basis of their
professional experience and expertise
in one or more of the following areas
and, in the aggregate, should
collectively bring to bear expertise in
all of the following areas:
[(I) Management of large
service organizations.
[(II) Customer service.
[(III) Management of large
procurements.
[(IV) Information and
communications technology.
[(V) Organizational
development.
[(VI) Labor relations.
[(C) Prohibitions on members of Committee.--
No member of the Committee may--
[(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation
or aeronautical enterprise, except an
interest in a diversified mutual fund
or an interest that is exempt from the
application of section 208 of title 18;
[(ii) engage in another business
related to aviation or aeronautics; or
[(iii) be a member of any
organization that engages, as a
substantial part of its activities, in
activities to influence aviation-
related legislation.
[(D) General responsibilities.--
[(i) Oversight.--The Committee shall
oversee the administration, management,
conduct, direction, and supervision of
the air traffic control system.
[(ii) Confidentiality.--The Committee
shall ensure that appropriate
confidentiality is maintained in the
exercise of its duties.
[(E) Specific responsibilities.--The
Committee shall have the following specific
responsibilities:
[(i) Strategic plans.--To review,
approve, and monitor the strategic plan
for the air traffic control system,
including the establishment of--
[(I) a mission and
objectives;
[(II) standards of
performance relative to such
mission and objectives,
including safety, efficiency,
and productivity; and
[(III) annual and long-range
strategic plans.
[(ii) Modernization and
improvement.--To review and approve--
[(I) methods to accelerate
air traffic control
modernization and improvements
in aviation safety related to
air traffic control; and
[(II) procurements of air
traffic control equipment in
excess of $ 100,000,000.
[(iii) Operational plans.--To review
the operational functions of the air
traffic control system, including--
[(I) plans for modernization
of the air traffic control
system;
[(II) plans for increasing
productivity or implementing
cost-saving measures; and
[(III) plans for training and
education.
[(iv) Management.--To--
[(I) review and approve the
Administrator's appointment of
a Chief Operating Officer under
section 106(r);
[(II) review the
Administrator's selection,
evaluation, and compensation of
senior executives of the
Administration who have program
management responsibility over
significant functions of the
air traffic control system;
[(III) review and approve the
Administrator's plans for any
major reorganization of the
Administration that would
impact on the management of the
air traffic control system;
[(IV) review and approve the
Administrator's cost accounting
and financial management
structure and technologies to
help ensure efficient and cost-
effective air traffic control
operation; and
[(V) review the performance
and compensation of managers
responsible for major
acquisition projects, including
the ability of the managers to
meet schedule and budget
targets.
[(v) Budget.--To--
[(I) review and make
recommendations on the budget
request of the Administration
related to the air traffic
control system prepared by the
Administrator;
[(II) submit such budget
recommendations to the
Secretary; and
[(III) base such budget
recommendations on the annual
and long-range strategic plans.
[(F) Committee personnel matters and
expenses.--
[(i) Personnel matters.--The
Committee may appoint and terminate for
purposes of employment by the Committee
any personnel that may be necessary to
enable the Committee to perform its
duties, and may procure temporary and
intermittent services under section
40122.
[(ii) Travel expenses.--Each member
of the Committee shall receive travel
expenses, including per diem in lieu of
subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.
[(G) Administrative matters.--
[(i) Powers of chair.--Except as
otherwise provided by a majority vote
of the Committee, the powers of the
chairperson shall include--
[(I) establishing committees;
[(II) setting meeting places
and times;
[(III) establishing meeting
agendas; and
[(IV) developing rules for
the conduct of business.
[(ii) Meetings.--The Committee shall
meet at least quarterly and at such
other times as the chairperson
determines appropriate.
[(iii) Quorum.--Three members of the
Committee shall constitute a quorum. A
majority of members present and voting
shall be required for the Committee to
take action.
[(H) Reports.--
[(i) Annual.--The Committee shall
each year report with respect to the
conduct of its responsibilities under
this title to the Secretary, the
Committee on Transportation and
Infrastructure of the House of
Representatives, and the Committee on
Commerce, Science, and Transportation
of the Senate.
[(ii) Additional report.--If a
determination by the Committee under
subparagraph (D)(i) that the
organization and operation of the air
traffic control system are not allowing
the Administration to carry out its
mission, the Committee shall report
such determination to the Secretary,
the Committee on Transportation and
Infrastructure of the House of
Representatives, and the Committee on
Commerce, Science, and Transportation
of the Senate.
[(iii) Action of Administrator on
report.--Not later than 60 days after
the date of a report of the Committee
under this subparagraph, the
Administrator shall take action with
respect to such report. If the
Administrator overturns a
recommendation of the Committee, the
Administrator shall report such action
to the President, the Committee on
Transportation and Infrastructure of
the House of Representatives, and the
Committee on Commerce, Science, and
Transportation of the Senate.
[(iv) Comptroller General's report.--
Not later than April 30, 2003, the
Comptroller General of the United
States shall transmit to the Committee
on Transportation and Infrastructure of
the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report
on the success of the Committee in
improving the performance of the air
traffic control system.
[(I) Authorization.--There are authorized to
be appropriated to the Committee such sums as
may be necessary for the Committee to carry out
its activities.
[(8) Air traffic control system defined.--In this
section, the term ``air traffic control system'' has
the meaning such term has under section 40102(a).]
(p) Air Traffic Control Modernization Oversight Board.--
(1) Establishment.--Within 90 days after the date of
enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, the Secretary shall
establish and appoint the members of an advisory Board
which shall be known as the Air Traffic Control
Modernization Oversight Board.
(2) Membership.--The Board shall be comprised of the
individual appointed or designated under section 302 of
the FAA Air Transportation Modernization and Safety
Improvement Act (who shall serve ex officio without the
right to vote) and 9 other members, who shall consist
of--
(A) the Administrator and a representative
from the Department of Defense;
(B) 1 member who shall have a fiduciary
responsibility to represent the public
interest; and
(C) 6 members representing aviation
interests, as follows:
(i) 1 representative that is the
chief executive officer of an airport.
(ii) 1 representative that is the
chief executive officer of a passenger
or cargo air carrier.
(iii) 1 representative of a labor
organization representing employees at
the Federal Aviation Administration
that are involved with the operation of
the air traffic control system.
(iv) 1 representative with extensive
operational experience in the general
aviation community.
(v) 1 representative from an aircraft
manufacturer.
(vi) 1 representative of a labor
organization representing employees at
the Federal Aviation Administration who
are involved with maintenance of the
air traffic control system.
(3) Appointment and qualifications.--
(A) Members of the Board appointed under
paragraphs (2)(B) and (2)(C) shall be appointed
by the President, by and with the advice and
consent of the Senate.
(B) Members of the Board appointed under
paragraph (2)(B) shall be citizens of the
United States and shall be appointed without
regard to political affiliation and solely on
the basis of their professional experience and
expertise in one or more of the following areas
and, in the aggregate, should collectively
bring to bear expertise in--
(i) management of large service
organizations;
(ii) customer service;
(iii) management of large
procurements;
(iv) information and communications
technology;
(v) organizational development; and
(vi) labor relations.
(C) Of the members first appointed under
paragraphs (2)(B) and (2)(C)--
(i) 2 shall be appointed for terms of
1 year;
(ii) 1 shall be appointed for a term
of 2 years;
(iii) 1 shall be appointed for a term
of 3 years; and
(iv) 1 shall be appointed for a term
of 4 years.
(4) Functions.--
(A) In general.--The Board shall--
(i) review and provide advice on the
Administration's modernization
programs, budget, and cost accounting
system;
(ii) review the Administration's
strategic plan and make recommendations
on the non-safety program portions of
the plan, and provide advice on the
safety programs of the plan;
(iii) review the operational
efficiency of the air traffic control
system and make recommendations on the
operational and performance metrics for
that system;
(iv) approve procurements of air
traffic control equipment in excess of
$100,000,000;
(v) approve by July 31 of each year
the Administrator's budget request for
facilities and equipment prior to its
submission to the Office of Management
and budget, including which programs
are proposed to be funded from the Air
Traffic control system Modernization
Account of the Airport and Airway Trust
Fund;
(vi) approve the Federal Aviation
Administration's Capital Investment
Plan prior to its submission to the
Congress;
(vii) annually review and make
recommendations on the NextGen
Implementation Plan;
(viii) approve the Administrator's
selection of the Chief NextGen Officer
appointed or designated under section
302(a) of the FAA Air Transportation
Modernization and Safety Improvement
Act; and
(ix) approve the selection of the
head of the Joint Planning and
Development Office.
(B) Meetings.--The Board shall meet on a
regular and periodic basis or at the call of
the Chairman or of the Administrator.
(C) Access to documents and staff.--The
Administration may give the Board appropriate
access to relevant documents and personnel of
the Administration, and the Administrator shall
make available, consistent with the authority
to withhold commercial and other proprietary
information under section 552 of title 5, cost
data associated with the acquisition and
operation of air traffic control systems. Any
member of the Board who receives commercial or
other proprietary data from the Administrator
shall be subject to the provisions of section
1905 of title 18, pertaining to unauthorized
disclosure of such information.
(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Board or such rulemaking committees as
the Administrator shall designate.
(6) Administrative matters.--
(A) Terms of members.--Except as provided in
paragraph (3)(C), members of the Board
appointed under paragraph (2)(B) and (2)(C)
shall be appointed for a term of 4 years.
(B) Reappointment.--No individual may be
appointed to the Board for more than 8 years
total.
(C) Vacancy.--Any vacancy on the Board shall
be filled in the same manner as the original
position. Any member appointed to fill a
vacancy occurring before the expiration of the
term for which the member's predecessor was
appointed shall be appointed for a term of 4
years.
(D) Continuation in office.--A member of the
Board whose term expires shall continue to
serve until the date on which the member's
successor takes office.
(E) Removal.--Any member of the Board
appointed under paragraph (2)(B) or (2)(C) may
be removed by the President for cause.
(F) Claims against members of the board.--
(i) In general.--A member appointed
to the Board shall have no personal
liability under State or Federal law
with respect to any claim arising out
of or resulting from an act or omission
by such member within the scope of
service as a member of the Board.
(ii) Effect on other law.--This
subparagraph shall not be construed--
(I) to affect any other
immunity or protection that may
be available to a member of the
Board under applicable law with
respect to such transactions;
(II) to affect any other
right or remedy against the
United States under applicable
law; or
(III) to limit or alter in
any way the immunities that are
available under applicable law
for Federal officers and
employees.
(G) Ethical considerations.--Each member of
the Board appointed under paragraph (2)(B) must
certify that the member--
(i) does not have a pecuniary
interest in, or own stock in or bonds
of, an aviation or aeronautical
enterprise, except an interest in a
diversified mutual fund or an interest
that is exempt from the application of
section 208 of title 18;
(ii) does not engage in another
business related to aviation or
aeronautics; and
(iii) is not a member of any
organization that engages, as a
substantial part of its activities, in
activities to influence aviation-
related legislation.
(H) Chairman; vice chairman.--The Board shall
elect a chair and a vice chair from among its
members, each of whom shall serve for a term of
2 years. The vice chair shall perform the
duties of the chairman in the absence of the
chairman.
(I) Compensaton.--No member shall receive any
compensation or other benefits from the Federal
Government for serving on the Board, except for
compensation benefits for injuries under
subchapter I of chapter 81 of title 5 and
except as provided under subparagraph (J).
(J) Expenses.--Each member of the Board shall
be paid actual travel expenses and per diem in
lieu of subsistence expenses when away from his
or her usual place of residence, in accordance
with section 5703 of title 5.
(K) Board resources.--From resources
otherwise available to the Administrator, the
Chairman shall appoint such staff to assist the
board and provide impartial analysis, and the
Administrator shall make available to the Board
such information and administrative services
and assistance, as may reasonably be required
to enable the Board to carry out its
responsibilities under this subsection.
(L) Quorum and voting.--A simple majority of
members of the Board duly appointed shall
constitute a quorum. A majority vote of members
present and voting shall be required for the
Committee to take action.
(7) Air traffic control system defined.--In this
subsection, the term ``air traffic control system'' has
the meaning given that term in section 40102(a).
(q) Aircraft Noise Ombudsman.--
(1) Establishment.--There shall be in the
Administration an Aircraft Noise Ombudsman.
(2) General duties and responsibilities.--The
Ombudsman shall--
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on
issues regarding aircraft noise; and
(C) be consulted when the Administration
proposes changes in aircraft routes so as to
minimize any increases in aircraft noise over
populated areas.
(3) Number of full-time equivalent employees.--The
appointment of an Ombudsman under this subsection shall
not result in an increase in the number of full-time
equivalent employees in the Administration.
(r) Chief Operating Officer.--
(1) In general.--
(A) Appointment.--There shall be a Chief
Operating Officer for the air traffic control
system to be appointed by the Administrator,
with the approval of the Air Traffic Services
Committee. The Chief Operating Officer shall
report directly to the Administrator and shall
be subject to the authority of the
Administrator.
(B) Qualifications.--The Chief Operating
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation.
(C) Term.--The Chief Operating Officer shall
be appointed for a term of 5 years.
(D) Removal.--The Chief Operating Officer
shall serve at the pleasure of the
Administrator, except that the Administrator
shall make every effort to ensure stability and
continuity in the leadership of the air traffic
control system.
(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief
Operating Officer occurring before the
expiration of the term for which the
individual's predecessor was appointed shall be
appointed for the remainder of that term.
(2) Compensation.--
(A) In general.--The Chief Operating Officer
shall be paid at an annual rate of basic pay to
be determined by the Administrator, with the
approval of the Air Traffic Services Committee.
The annual rate may not exceed the annual
compensation paid under section 102 of title 3.
The Chief Operating Officer shall be subject to
the post-employment provisions of section 207
of title 18 as if the position of Chief
Operating Officer were described in section
207(c)(2)(A)(i) of that title.
(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the
Chief Operating Officer may receive a bonus for
any calendar year not to exceed 30 percent of
the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief
Operating Officer's performance in relation to
the performance goals set forth in the
performance agreement described in paragraph
(3).
(3) Annual performance agreement.--The Administrator
and the Chief Operating Officer, in consultation with
the Air Traffic Services Committee, shall enter into an
annual performance agreement that sets forth measurable
organization and individual goals for the Chief
Operating Officer in key operational areas. The
agreement shall be subject to review and renegotiation
on an annual basis.
(4) Annual performance report.--The Chief Operating
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate an annual management report containing such
information as may be prescribed by the Secretary.
(5) Responsibilities.--The Administrator may delegate
to the Chief Operating Officer, or any other authority
within the Administration responsibilities, including
the following:
(A) Strategic plans.--To implement the
strategic plan of the Administration for the
air traffic control system in order to
further--
(i) a mission and objectives;
(ii) standards of performance
relative to such mission and
objectives, including safety,
efficiency, and productivity;
(iii) annual and long-range strategic
plans; and
(iv) methods of the Administration to
accelerate air traffic control
modernization and improvements in
aviation safety related to air traffic
control.
(B) Operations.--To oversee the day-to-day
operational functions of the Administration for
air traffic control, including--
(i) modernization of the air traffic
control system;
(ii) increasing productivity or
implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-
reimbursable contracts.
(C) Budget.--To--
(i) develop a budget request of the
Administration related to the air
traffic control system;
(ii) submit such budget request to
the Administrator and the Committee;
and
(iii) ensure that the budget request
supports the agency's annual and long-
range strategic plans for air traffic
control services.
(s) Aviation Safety Whistleblower Investigation Office.--
(1) Establishment.--There is established in the
Administration an Aviation Safety Whistleblower
Investigation Office.
(2) Director.--
(A) Appointment.--The head of the Office
shall be the Director, who shall be appointed
by the Secretary of Transportation.
(B) Qualifications.--The Director shall have
a demonstrated ability in investigations and
knowledge of or experience in aviation.
(C) Term.--The Director shall be appointed
for a term of 5 years.
(D) Vacancy.--Any individual appointed to
fill a vacancy in the position of the Director
occurring before the expiration of the term for
which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
(3) Complaints and investigations.--
(A) Authority of director.--The Director
shall--
(i) receive complaints and
information submitted by employees of
persons holding certificates issued
under title 14, Code of Federal
Regulations, and employees of the
Administration concerning the possible
existence of an activity relating to a
violation of an order, regulation, or
standard of the Administration or any
other provision of Federal law relating
to aviation safety;
(ii) assess complaints and
information submitted under clause (i)
and determine whether a substantial
likelihood exists that a violation of
an order, regulation, or standard of
the Administration or any other
provision of Federal law relating to
aviation safety may have occurred; and
(iii) based on findings of the
assessment conducted under clause (ii),
make recommendations to the
Administrator in writing for further
investigation or corrective actions.
(B) Disclosure of identities.--The Director
shall not disclose the identity of an
individual who submits a complaint or
information under subparagraph (A)(i) unless--
(i) the individual consents to the
disclosure in writing; or
(ii) the Director determines, in the
course of an investigation, that the
disclosure is unavoidable.
(C) Independence of director.--The Secretary,
the Administrator, or any officer or employee
of the Administration may not prevent or
prohibit the Director from initiating, carrying
out, or completing any assessment of a
complaint or information submitted subparagraph
(A)(i) or from reporting to Congress on any
such assessment.
(D) Access to information.--In conducting an
assessment of a complaint or information
submitted under subparagraph (A)(i), the
Director shall have access to all records,
reports, audits, reviews, documents, papers,
recommendations, and other material necessary
to determine whether a substantial likelihood
exists that a violation of an order,
regulation, or standard of the Administration
or any other provision of Federal law relating
to aviation safety may have occurred.
(4) Responses to recommendations.--The
Administrator shall respond to a recommendation
made by the Director under subparagraph
(A)(iii) in writing and retain records related
to any further investigations or corrective
actions taken in response to the
recommendation.
(5) Incident reports.--If the Director determines
there is a substantial likelihood that a violation of
an order, regulation, or standard of the Administration
or any other provision of Federal law relating to
aviation safety may have occurred that requires
immediate corrective action, the Director shall report
the potential violation expeditiously to the
Administrator and the Inspector General of the
Department of Transportation.
(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to
believe that there has been a violation of Federal
criminal law, the Director shall report the violation
expeditiously to the Inspector General.
(7) Annual reports to congress.--Not later than
October 1 of each year, the Director shall submit to
Congress a report containing--
(A) information on the number of submissions
of complaints and information received by the
Director under paragraph (3)(A)(i) in the
preceding 12-month period;
(B) summaries of those submissions;
(C) summaries of further investigations and
corrective actions recommended in response to
the submissions; and
(D) summaries of the responses of the
Administrator to such recommendations.
TITLE 49. TRANSPORTATION
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER IV. ENFORCEMENT AND PENALTIES
Sec. 1153. Judicial review
(a) General.--The appropriate court of appeals of the United
States or the United States Court of Appeals for the District
of Columbia Circuit may review a final order of the National
Transportation Safety Board under this chapter. A person
disclosing a substantial interest in the order may apply for
review by filing a petition not later than 60 days after the
order of the Board is issued.
(b) Persons seeking judicial review of aviation matters.--
(1) A person disclosing a substantial interest in an
order related to an aviation matter issued by the Board
under this chapter may apply for review of the order by
filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit or in
the court of appeals of the United States for the
circuit in which the person resides or has its
principal place of business. The petition must be filed
not later than 60 days after the order is issued. The
court may allow the petition to be filed after the 60
days only if there was a reasonable ground for not
filing within that 60-day period.
(2) When a petition is filed under paragraph (1) of
this subsection, the clerk of the court immediately
shall send a copy of the petition to the Board. The
Board shall file with the court a record of the
proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court
has exclusive jurisdiction to affirm, amend, modify, or
set aside any part of the order and may order the Board
to conduct further proceedings. After reasonable notice
to the Board, the court may grant interim relief by
staying the order or taking other appropriate action
when cause for its action exists. Findings of fact by
the Board, if supported by substantial evidence, are
conclusive.
(4) In reviewing an order under this subsection, the
court may consider an objection to an order of the
Board only if the objection was made in the proceeding
conducted by the Board or if there was a reasonable
ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may
be reviewed only by the Supreme Court under section
1254 of title 28.
(c) Administrator seeking judicial review of aviation
matters.--When the Administrator of the Federal Aviation
Administration decides that an order of the Board under section
[44709 or] section 44703(d), 44709, or 46301(d)(5) of this
title will have a significant adverse impact on carrying out
this chapter related to an aviation matter, the Administrator
may obtain judicial review of the order under section 46110 of
this title. The Administrator shall be made a party to the
judicial review proceedings. Findings of fact of the Board are
conclusive if supported by substantial evidence.
(d) Commandant seeking judicial review of maritime matters.--
If the Commandant of the Coast Guard decides that an order of
the Board issued pursuant to a review of a Coast Guard action
under section 1133 of this title will have an adverse impact on
maritime safety or security, the Commandant may obtain judicial
review of the order under subsection (a). The Commandant, in
the official capacity of the Commandant, shall be a party to
the judicial review proceedings.
SUBTITLE VII--AVIATION PROGRAMS
SUBPART I--GENERAL
CHAPTER 401. GENERAL PROVISIONOS
Sec. 40102. Definitions
(a) General Definitions.--In this part--
(1) ``aeronautics'' means the science and art of
flight.
(2) ``air carrier'' means a citizen of the United
States undertaking by any means, directly or
indirectly, to provide air transportation.
(3) ``air commerce'' means foreign air commerce,
interstate air commerce, the transportation of mail by
aircraft, the operation of aircraft within the limits
of a Federal airway, or the operation of aircraft that
directly affects, or may endanger safety in, foreign or
interstate air commerce.
(4) ``air navigation facility'' means a facility
used, available for use, or designed for use, in aid of
air navigation, including--
(A) a landing area;
[(B) a light;]
(B) runway lighting and airport surface
visual and other navigation aids;
(C) apparatus or equipment for distributing
[weather information, signaling, radio-
directional finding, or radio or other
electromagnetic communication; and]
aeronautical and meteorological information to
air traffic control facilities or aircraft,
supplying communication, navigation or
surveillance equipment for air-to-ground or
air-to-air applications;
(D) [another structure] any structure,
equipment, or mechanism for guiding or
controlling flight in the air or the landing
and takeoff of [aircraft.] aircraft; and
(E) buildings, equipment, and systems
dedicated to the National Airspace System.
(5) ``air transportation'' means foreign air
transportation, interstate air transportation, or the
transportation of mail by aircraft.
(6) ``aircraft'' means any contrivance invented,
used, or designed to navigate, or fly in, the air.
(7) ``aircraft engine'' means an engine used, or
intended to be used, to propel an aircraft, including a
part, appurtenance, and accessory of the engine, except
a propeller.
(8) ``airman'' means an individual--
(A) in command, or as pilot, mechanic, or
member of the crew, who navigates aircraft when
under way;
(B) except to the extent the Administrator of
the Federal Aviation Administration may provide
otherwise for individuals employed outside the
United States, who is directly in charge of
inspecting, maintaining, overhauling, or
repairing aircraft, aircraft engines,
propellers, or appliances; or
(C) who serves as an aircraft dispatcher or
air traffic control-tower operator.
(9) ``airport'' means a landing area used regularly
by aircraft for receiving or discharging passengers or
cargo.
(10) ``all-cargo air transportation'' means the
transportation by aircraft in interstate air
transportation of only property or only mail, or both.
(11) ``appliance'' means an instrument, equipment,
apparatus, a part, an appurtenance, or an accessory
used, capable of being used, or intended to be used, in
operating or controlling aircraft in flight, including
a parachute, communication equipment, and another
mechanism installed in or attached to aircraft during
flight, and not a part of an aircraft, aircraft engine,
or propeller.
(12) ``cargo'' means property, mail, or both.
(13) ``charter air carrier'' means an air carrier
holding a certificate of public convenience and
necessity that authorizes it to provide charter air
transportation.
(14) ``charter air transportation'' means charter
trips in air transportation authorized under this part.
(15) ``citizen of the United States'' means--
(A) an individual who is a citizen of the
United States;
(B) a partnership each of whose partners is
an individual who is a citizen of the United
States; or
(C) a corporation or association organized
under the laws of the United States or a State,
the District of Columbia, or a territory or
possession of the United States, of which the
president and at least two-thirds of the board
of directors and other managing officers are
citizens of the United States, which is under
the actual control of citizens of the United
States, and in which at least 75 percent of the
voting interest is owned or controlled by
persons that are citizens of the United States.
(16) ``civil aircraft'' means an aircraft except a
public aircraft.
(17) ``civil aircraft of the United States'' means an
aircraft registered under chapter 441 of this title.
(18) ``conditional sales contract'' means a
contract--
(A) for the sale of an aircraft, aircraft
engine, propeller, appliance, or spare part,
under which the buyer takes possession of the
property but title to the property vests in the
buyer at a later time on--
(i) paying any part of the purchase
price;
(ii) performing another condition; or
(iii) the happening of a contingency;
or
(B) to bail or lease an aircraft, aircraft
engine, propeller, appliance, or spare part,
under which the bailee or lessee--
(i) agrees to pay an amount
substantially equal to the value of the
property; and
(ii) is to become, or has the option
of becoming, the owner of the property
on complying with the contract.
(19) ``conveyance'' means an instrument, including a
conditional sales contract, affecting title to, or an
interest in, property.
(20) ``Federal airway'' means a part of the navigable
airspace that the Administrator designates as a Federal
airway.
(21) ``foreign air carrier'' means a person, not a
citizen of the United States, undertaking by any means,
directly or indirectly, to provide foreign air
transportation.
(22) ``foreign air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation, between a place in the United
States and a place outside the United States when any
part of the transportation or operation is by aircraft.
(23) ``foreign air transportation'' means the
transportation of passengers or property by aircraft as
a common carrier for compensation, or the
transportation of mail by aircraft, between a place in
the United States and a place outside the United States
when any part of the transportation is by aircraft.
(24) ``interstate air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation--
(A) between a place in--
(i) a State, territory, or possession
of the United States and a place in the
District of Columbia or another State,
territory, or possession of the United
States;
(ii) a State and another place in the
same State through the airspace over a
place outside the State;
(iii) the District of Columbia and
another place in the District of
Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation or
operation is by aircraft.
(25) ``interstate air transportation'' means the
transportation of passengers or property by aircraft as
a common carrier for compensation, or the
transportation of mail by aircraft--
(A) between a place in--
(i) a State, territory, or possession
of the United States and a place in the
District of Columbia or another State,
territory, or possession of the United
States;
(ii) Hawaii and another place in
Hawaii through the airspace over a
place outside Hawaii;
(iii) the District of Columbia and
another place in the District of
Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation is by
aircraft.
(26) ``intrastate air carrier'' means a citizen of
the United States undertaking by any means to provide
only intrastate air transportation.
(27) ``intrastate air transportation'' means the
transportation by a common carrier of passengers or
property for compensation, entirely in the same State,
by turbojet-powered aircraft capable of carrying at
least 30 passengers.
(28) ``landing area'' means a place on land or water,
including an airport or intermediate landing field,
used, or intended to be used, for the takeoff and
landing of aircraft, even when facilities are not
provided for sheltering, servicing, or repairing
aircraft, or for receiving or discharging passengers or
cargo.
(29) ``large hub airport'' means a commercial service
airport (as defined in section 47102) that has at least
1.0 percent of the passenger boardings.
(30) ``mail'' means United States mail and foreign
transit mail.
(31) ``medium hub airport'' means a commercial
service airport (as defined in section 47102) that has
at least 0.25 percent but less than 1.0 percent of the
passenger boardings.
(32) ``navigable airspace'' means airspace above the
minimum altitudes of flight prescribed by regulations
under this subpart and subpart III of this part,
including airspace needed to ensure safety in the
takeoff and landing of aircraft.
(33) ``navigate aircraft'' and ``navigation of
aircraft'' include piloting aircraft.
(34) ``nonhub airport'' means a commercial service
airport (as defined in section 47102) that has less
than 0.05 percent of the passenger boardings.
(35) ``operate aircraft'' and ``operation of
aircraft'' mean using aircraft for the purposes of air
navigation, including--
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of
aircraft with or without the right of legal
control of the aircraft.
(36) ``passenger boardings''--
(A) means, unless the context indicates
otherwise, revenue passenger boardings in the
United States in the prior calendar year on an
aircraft in service in air commerce, as the
Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska,
or Hawaii for a nontraffic purpose.
(37) ``person'', in addition to its meaning under
section 1 of title 1, includes a governmental authority
and a trustee, receiver, assignee, and other similar
representative.
(38) ``predatory'' means a practice that violates the
antitrust laws as defined in the first section of the
Clayton Act (15 U.S.C. 12).
(39) ``price'' means a rate, fare, or charge.
(40) ``propeller'' includes a part, appurtenance, and
accessory of a propeller.
(41) ``public aircraft'' means any of the following:
(A) Except with respect to an aircraft
described in subparagraph (E), an aircraft used
only for the United States Government, except
as provided in section 40125(b).
(B) An aircraft owned by the Government and
operated by any person for purposes related to
crew training, equipment development, or
demonstration, except as provided in section
40125(b).
(C) An aircraft owned and operated by the
government of a State, the District of
Columbia, or a territory or possession of the
United States or a political subdivision of one
of these governments, except as provided in
section 40125(b).
(D) An aircraft exclusively leased for at
least 90 continuous days by the government of a
State, the District of Columbia, or a territory
or possession of the United States or a
political subdivision of one of these
governments, except as provided in section
40125(b).
(E) An aircraft owned or operated by the
armed forces or chartered to provide
transportation or other commercial air service
to the armed forces under the conditions
specified by section 40125(c). In the preceding
sentence, the term ``other commercial air
service'' means an aircraft operation that (i)
is within the United States territorial
airspace; (ii) the Administrator of the Federal
Aviation Administration determines is available
for compensation or hire to the public, and
(iii) must comply with all applicable civil
aircraft rules under title 14, Code of Federal
Regulations.
(42) ``small hub airport'' means a commercial service
airport (as defined in section 47102) that has at least
0.05 percent but less than 0.25 percent of the
passenger boardings.
(43) ``spare part'' means an accessory, appurtenance,
or part of an aircraft (except an aircraft engine or
propeller), aircraft engine (except a propeller),
propeller, or appliance, that is to be installed at a
later time in an aircraft, aircraft engine, propeller,
or appliance.
(44) ``State authority'' means an authority of a
State designated under State law--
(A) to receive notice required to be given a
State authority under subpart II of this part;
or
(B) as the representative of the State before
the Secretary of Transportation in any matter
about which the Secretary is required to
consult with or consider the views of a State
authority under subpart II of this part.
(45) ``ticket agent'' means a person (except an air
carrier, a foreign air carrier, or an employee of an
air carrier or foreign air carrier) that as a principal
or agent sells, offers for sale, negotiates for, or
holds itself out as selling, providing, or arranging
for, air transportation.
(46) ``United States'' means the States of the United
States, the District of Columbia, and the territories
and possessions of the United States, including the
territorial sea and the overlying airspace.
(47) ``air traffic control system'' means the
combination of elements used to safely and efficiently
monitor, direct, control, and guide aircraft in the
United States and United States-assigned airspace,
including--
(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual
property assets making up facilities,
equipment, and systems employed to detect,
track, and guide aircraft movement;
(B) laws, regulations, orders, directives,
agreements, and licenses;
(C) published procedures that explain
required actions, activities, and techniques
used to ensure adequate aircraft separation;
and
(D) trained personnel with specific technical
capabilities to satisfy the operational,
engineering, management, and planning
requirements for air traffic control.
(b) Limited Definition.--In subpart II of this part,
``control'' means control by any means.
Sec. 40110. General procurement authority
(a) General.--In carrying out this part, the Administrator of
the Federal Aviation Administration--
(1) to the extent that amounts are available for
obligation, may acquire services or, by condemnation or
otherwise, an interest in property, including an
interest in airspace immediately adjacent to and needed
for airports and other air navigation facilities owned
by the United States Government and operated by the
Administrator;
(2) may dispose of an interest in property for
adequate [compensation; and] compensation, and the
amount received may be credited to the appropriation
current when the amount is received; and
(3) may construct and improve laboratories and other
test facilities.
(b) Purchase of Housing Units.--
(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium or a housing unit in a building owned by a
cooperative) that is located outside the contiguous
United States if the cost of the unit is $300,000 or
less.
(2) Adjustments for inflation.--For fiscal years
beginning after September 30, 1997, the Administrator
may adjust the dollar amount specified in paragraph (1)
to take into account increases in local housing costs.
(3) Continuing obligations.--Notwithstanding section
1341 of title 31, the Administrator may purchase a
housing unit under paragraph (1) even if there is an
obligation thereafter to pay necessary and reasonable
fees duly assessed upon such unit, including fees
related to operation, maintenance, taxes, and
insurance.
(4) Certification to Congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at
least 30 days before completing the purchase, the
Administrator transmits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing--
(A) a description of the housing unit and its
price;
(B) a certification that the price does not
exceed the median price of housing units in the
area; and
(C) a certification that purchasing the
housing unit is the most cost-beneficial means
of providing necessary accommodations in
carrying out this part.
(5) Payment of [fee] charge._The Administrator may
pay, when due, [fee] charge resulting from the purchase
of a housing unit under this subsection from any
amounts made available to the Administrator.
(c) Duties and Powers.--When carrying out subsection (a) of
this section, the Administrator of the Federal Aviation
Administration may--
(1) notwithstanding section 1341(a)(1) of title 31,
lease an interest in property for not more than 20
years;
(2) consider the reasonable probable future use of
the underlying land in making an award for a
condemnation of an interest in airspace;
(3) construct, or acquire an interest in, a public
building (as defined in section 3301(a) of title 40)
only under a delegation of authority from the
Administrator of General Services; and
[(4) use procedures other than competitive procedures
only when the property or services needed by the
Administrator of the Federal Aviation Administration
are available from only one responsible source or only
from a limited number of responsible sources and no
other type of property or services will satisfy the
needs of the Administrator; and]
[(5)] (4) dispose of property under subsection (a)(2)
of this section, except for airport and airway property
and technical equipment used for the special purposes
of the Administration, only under sections 121, 123,
and 126 and chapter 5 of title 40.
(d) Acquisition Management System.--
(1) In general.--In consultation with such non-
governmental experts in acquisition management systems
as the Administrator may employ, and notwithstanding
provisions of Federal acquisition law, the
Administrator shall develop and implement an
acquisition management system for the Administration
that addresses the unique needs of the agency and, at a
minimum, provides for--
(A) more timely and cost-effective
acquisitions of equipment, services, property,
and materials; and
(B) the resolution of bid protests and
contract disputes related thereto, using
consensual alternative dispute resolution
techniques to the maximum extent practicable.
(2) Applicability of federal acquisition law.--The
following provisions of Federal acquisition law shall
not apply to the new acquisition management system
developed and implemented pursuant to paragraph (1):
(A) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
252-266).
(B) The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.).
(C) The Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355), except for
section 315 (41 U.S.C. 265). For the purpose of
applying section 315 of that Act to the system,
the term ``executive agency'' is deemed to
refer to the Federal Aviation Administration.
(D) The Small Business Act (15 U.S.C. 631 et
seq.), except that all reasonable opportunities
to be awarded contracts shall be provided to
small business concerns and small business
concerns owned and controlled by socially and
economically disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31,
relating to the procurement protest system.
(G) The Federal Acquisition Regulation and
any laws not listed in subparagraphs (A)
through (F) providing authority to promulgate
regulations in the Federal Acquisition
Regulation.
(3) Certain provisions of the office of federal
procurement policy act.--Notwithstanding paragraph
(2)(B), section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423) shall apply to the new
acquisition management system developed and implemented
under paragraph (1) with the following modifications:
(A) Subsections (f) and (g) shall not apply.
(B) Within 90 days after the date of the
enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,
the Administrator shall adopt definitions for
the acquisition management system that are
consistent with the purpose and intent of the
Office of Federal Procurement Policy Act.
(C) After the adoption of those definitions,
the criminal, civil, and administrative
remedies provided under the Office of Federal
Procurement Policy Act apply to the acquisition
management system.
(D) In the administration of the acquisition
management system, the Administrator may take
adverse personnel action under section
27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act in accordance with the
procedures contained in the Administration's
personnel management system.
(4) Adjudication of certain bid protests and contract
disputes.--A bid protest or contract dispute that is
not addressed or resolved through alternative dispute
resolution shall be adjudicated by the Administrator
through Dispute Resolution Officers or Special Masters
of the Federal Aviation Administration Office of
Dispute Resolution for Acquisition, acting pursuant to
sections 46102, 46104, 46105, 46106 and 46107 and shall
be subject to judicial review under section 46110 and
to section 504 of title 5.
(e) Prohibition on Release of Offeror Proposals.--
(1) General rule.--Except as provided in paragraph
(2), a proposal in the possession or control of the
Administrator may not be made available to any person
under section 552 of title 5.
(2) Exception.--Paragraph (1) shall not apply to any
portion of a proposal of an offeror the disclosure of
which is authorized by the Administrator pursuant to
procedures published in the Federal Register. The
Administrator shall provide an opportunity for public
comment on the procedures for a period of not less than
30 days beginning on the date of such publication in
order to receive and consider the views of all
interested parties on the procedures. The procedures
shall not take effect before the 60th day following the
date of such publication.
(3) Proposal defined.--In this subsection, the term
``proposal'' means information contained in or
originating from any proposal, including a technical,
management, or cost proposal, submitted by an offeror
in response to the requirements of a solicitation for a
competitive proposal.
Sec. 40113. Administrative
(a) General Authority.--The Secretary of Transportation (or
the Under Secretary of Transportation for Security with respect
to security duties and powers designated to be carried out by
the Under Secretary or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties
and powers designated to be carried out by the Administrator)
may take action the Secretary, Under Secretary, or
Administrator, as appropriate, considers necessary to carry out
this part, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders.
(b) Hazardous Material.--In carrying out this part, the
Secretary has the same authority to regulate the transportation
of hazardous material by air that the Secretary has under
section 5103 of this title. However, this subsection does not
prohibit or regulate the transportation of a firearm (as
defined in section 232 of title 18) or ammunition for a
firearm, when transported by an individual for personal use.
(c) Governmental Assistance.--The Secretary (or the
Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator) may use the assistance of the
Administrator of the National Aeronautics and Space
Administration and any research or technical department,
agency, or instrumentality of the United States Government on
matters related to aircraft fuel and oil, and to the design,
material, workmanship, construction, performance, maintenance,
and operation of aircraft, aircraft engines, propellers,
appliances, and air navigation facilities. Each department,
agency, and instrumentality may conduct scientific and
technical research, investigations, and tests necessary to
assist the Secretary or Administrator of the Federal Aviation
Administration in carrying out this part. This part does not
authorize duplicating laboratory research activities of a
department, agency, or instrumentality.
(d) Indemnification.--The Under Secretary of Transportation
for Security or the Administrator of the Federal Aviation
Administration may indemnify an officer or employee of the
Transportation Security Administration or Federal Aviation
Administration, as the case may be, against a claim or judgment
arising out of an act that the Under Secretary or
Administrator, as the case may be, decides was committed within
the scope of the official duties of the officer or employee.
(e) Assistance to Foreign Aviation Authorities.--
(1) Safety-related training and operational
services.--The Administrator may provide safety-related
training and operational services to foreign aviation
authorities (whether public or private) with or without
reimbursement, if the Administrator determines that
providing such services promotes aviation [safety.]
safety or efficiency. The Administrator is authorized
to participate in, and submit offers in response to,
competitions to provide these services, and to contract
with foreign aviation authorities to provide these
services consistent with the provisions under section
106(l)(6) of this title. The Administrator is also
authorized, notwithstanding any other provision of law
or policy, to accept payments in arrears. To the extent
practicable, air travel reimbursed under this
subsection shall be conducted on United States air
carriers.
(2) Reimbursement sought.--The Administrator shall
actively seek reimbursement for services provided under
this subsection from foreign aviation authorities
capable of providing such reimbursement.
(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall be
credited to the [appropriation from which the expenses
were incurred in providing such services.]
appropriation current when the expenditures are or were
paid, or the appropriation current when the amount is
received.
(4) Reporting.--Not later than December 31, 1995, and
annually thereafter, the Administrator shall transmit
to Congress a list of the foreign aviation authorities
to which the Administrator provided services under this
subsection in the preceding fiscal year. Such list
shall specify the dollar value of such services and any
reimbursement received for such services.
(f) Application of Certain Regulations to Alaska.--In
amending title 14, Code of Federal Regulations, in a manner
affecting intrastate aviation in Alaska, the Administrator of
the Federal Aviation Administration shall consider the extent
to which Alaska is not served by transportation modes other
than aviation, and shall establish such regulatory distinctions
as the Administrator considers appropriate.
[Sec. 40117. Passenger facility fees]
Sec. 40117. Passenger facility charges
(a) Definitions.--In this section, the following definitions
apply:
(1) Airport, commercial service airport, and public
agency.--The terms ``airport'', ``commercial service
airport'', and ``public agency'' have the meaning those
terms have under section 47102.
(2) Eligible agency.--The term ``eligible agency''
means a public agency that controls a commercial
service airport.
(3) Eligible airport-related project.--The term
``eligible airport-related project'' means any of the
following projects:
(A) A project for airport development or
airport planning under subchapter I of chapter
471.
(B) A project for terminal development
described in section 47110(d).
(C) A project for costs of terminal
development referred to in subparagraph (B)
incurred after August 1, 1986, at an airport
that did not have more than .25 percent of the
total annual passenger boardings in the United
States in the most recent calendar year for
which data is available and at which total
passenger boardings declined by at least 16
percent between calendar year 1989 and calendar
year 1997.
(D) A project for airport noise capability
planning under section 47505.
(E) A project to carry out noise
compatibility measures eligible for assistance
under section 47504, whether or not a program
for those measures has been approved under
section 47504.
(F) A project for constructing gates and
related areas at which passengers board or exit
aircraft. In the case of a project required to
enable additional air service by an air carrier
with less than 50 percent of the annual
passenger boardings at an airport, the project
for constructing gates and related areas may
include structural foundations and floor
systems, exterior building walls and load-
bearing interior columns or walls, windows,
door and roof systems, building utilities
(including heating, air conditioning,
ventilation, plumbing, and electrical service),
and aircraft fueling facilities adjacent to the
gate.
(G) A project for converting vehicles and
ground support equipment used at a commercial
service airport to low-emission technology (as
defined in section 47102) or to use cleaner
burning conventional fuels, retrofitting of any
such vehicles or equipment that are powered by
a diesel or gasoline engine with emission
control technologies certified or verified by
the Environmental Protection Agency to reduce
emissions, or acquiring for use at a commercial
service airport vehicles and ground support
equipment that include low-emission technology
or use cleaner burning fuels if the airport is
located in an air quality nonattainment area
(as defined in section 171(2) of the Clean Air
Act (42 U.S.C. 7501(2))) or a maintenance area
referred to in section 175A of such Act (42
U.S.C. 7505a) and if such project will result
in an airport receiving appropriate emission
credits as described in section 47139.
(4) Ground support equipment.--The term ``ground
support equipment'' means service and maintenance
equipment used at an airport to support aeronautical
operations and related activities.
(5) Passenger facility [fee] charge._The term
``passenger facility [fee''] charge'' means a [fee]
charge imposed under this section.
(6) Passenger facility revenue.--The term ``passenger
facility revenue'' means revenue derived from a
passenger facility [fee.] fee.
(b) General Authority.--(1) The Secretary of Transportation
may authorize under this section an eligible agency to impose a
passenger facility [fee] charge of $1, $2, or $3 on each paying
passenger of an air carrier or foreign air carrier boarding an
aircraft at an airport the agency controls to finance an
eligible airport-related project, including making payments for
debt service on indebtedness incurred to carry out the project,
to be carried out in connection with the airport or any other
airport the agency controls.
(2) A State, political subdivision of a State, or authority
of a State or political subdivision that is not the eligible
agency may not regulate or prohibit the imposition or
collection of a passenger facility [fee] charge or the use of
the passenger facility revenue.
(3) A passenger facility [fee] charge may be imposed on a
passenger of an air carrier or foreign air carrier originating
or connecting at the commercial service airport that the agency
controls.
(4) In lieu of authorizing a [fee] charge under paragraph
(1), the Secretary may authorize under this section an eligible
agency to impose a passenger facility [fee] charge of $4.00 or
$4.50 on each paying passenger of an air carrier or foreign air
carrier boarding an aircraft at an airport the agency controls
to finance an eligible airport-related project, including
making payments for debt service on indebtedness incurred to
carry out the project, if the Secretary finds--
(A) in the case of an airport that has more than .25
percent of the total number of annual boardings in the
United States, that the project will make a significant
contribution to improving air safety and security,
increasing competition among air carriers, reducing
current or anticipated congestion, or reducing the
impact of aviation noise on people living near the
airport; and
(B) that the project cannot be paid for from funds
reasonably expected to be available for the programs
referred to in section 48103.
(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by imposition
of a passenger facility [fee] charge under this section for a
project described in subsection (a)(3)(G) with respect to a
vehicle or ground support equipment may not exceed the
incremental amount of the project cost that is greater than the
cost of acquiring a vehicle or equipment that is not low-
emission and would be used for the same purpose, or the cost of
low-emission retrofitting, as determined by the Secretary.
(6) Debt service for certain projects.--In addition to the
uses specified in paragraphs (1) and (4), the Secretary may
authorize a passenger facility [fee] charge imposed under
paragraph (1) or (4) to be used for making payments for debt
service on indebtedness incurred to carry out at the airport a
project that is not an eligible airport-related project if the
Secretary determines that such use is necessary due to the
financial need of the airport.
(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 [fee] 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 1 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 [fee] 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.
[(c) Applications.--(1) An eligible agency must submit to the
Secretary an application for authority to impose a passenger
facility fee. The application shall contain information and be
in the form that the Secretary may require by regulation.
[(2) Before submitting an application, the eligible agency
must provide reasonable notice to, and an opportunity for
consultation with, air carriers and foreign air carriers
operating at the airport. The Secretary shall prescribe
regulations that define reasonable notice and contain at least
the following requirements:
[(A) The agency must provide written notice of
individual projects being considered for financing by a
passenger facility fee and the date and location of a
meeting to present the projects to air carriers and
foreign air carriers operating at the airport.
[(B) Not later than 30 days after written notice is
provided under subparagraph (A) of this paragraph, each
air carrier and foreign air carrier operating at the
airport must provide to the agency written notice of
receipt of the notice. Failure of a carrier to provide
the notice may be deemed certification of agreement
with the project by the carrier under subparagraph (D)
of this paragraph.
[(C) Not later than 45 days after written notice is
provided under subparagraph (A) of this paragraph, the
agency must conduct a meeting to provide air carriers
and foreign air carriers with descriptions of projects
and justifications and a detailed financial plan for
projects.
[(D) Not later than 30 days after the meeting, each
air carrier and foreign air carrier must provide to the
agency certification of agreement or disagreement with
projects (or total plan for the projects). Failure to
provide the certification is deemed certification of
agreement with the project by the carrier. A
certification of disagreement is void if it does not
contain the reasons for the disagreement.
[(E) The agency must include in its application or
notice submitted under subparagraph (A) copies of all
certifications of agreement or disagreement received
under subparagraph (D).
[(F) For the purpose of this section, an eligible
agency providing notice and an opportunity for
consultation to an air carrier or foreign air carrier
is deemed to have satisfied the requirements of this
paragraph if the eligible agency limits such notices
and consultations to air carriers and foreign air
carriers that have a significant business interest at
the airport. In the subparagraph, the term
``significant business interest'' means an air carrier
or foreign air carrier that had no less than 1.0
percent of passenger boardings at the airport in the
prior calendar year, had at least 25,000 passenger
boardings at the airport in the prior calendar year, or
provides scheduled service at the airport.
[(3) Before submitting an application, the eligible agency
must provide reasonable notice and an opportunity for public
comment. The Secretary shall prescribe regulations that define
reasonable notice and provide for at least the following under
this paragraph:
[(A) A requirement that the eligible agency provide
public notice of intent to collect a passenger facility
fee so as to inform those interested persons and
agencies that may be affected. The public notice may
include--
[(i) publication in local newspapers of
general circulation;
[(ii) publication in other local media; and
[(iii) posting the notice on the agency's
Internet website.
[(B) A requirement for submission of public comments
no sooner than 30 days, and no later than 45 days,
after the date of the publication of the notice.
[(C) A requirement that the agency include in its
application or notice submitted under subparagraph (A)
copies of all comments received under subparagraph (B).
[(4) After receiving an application, the Secretary may
provide notice and an opportunity to air carriers, foreign air
carriers, and other interested persons to comment on the
application. The Secretary shall make a final decision on the
application not later than 120 days after receiving it.]
(c) Procedural Requirements for Imposition of Passenger
Facility Charge.--
(1) In general.--An eligible agency must submit to
those air carriers and foreign air carriers operating
at the airport with a significant business interest, as
defined in paragraph (3), and to the Secretary and make
available to the public annually a report, in the form
required by the Secretary, on the status of the
eligible agency's passenger facility charge program,
including--
(A) the total amount of program revenue held
by the agency at the beginning of the 12 months
covered by the report;
(B) the total amount of program revenue
collected by the agency during the period
covered by the report;
(C) the amount of expenditures with program
revenue made by the agency on each eligible
airport-related project during the period
covered by the report;
(D) each airport-related project for which
the agency plans to collect and use program
revenue during the next 12-month period covered
by the report, including the amount of revenue
projected to be used for such project;
(E) the level of program revenue the agency
plans to collect during the next 12-month
period covered by the report;
(F) a description of the notice and
consultation process with air carriers and
foreign air carriers under paragraph (3), and
with the public under paragraph (4), including
a copy of any adverse comments received and how
the agency responded; and
(G) any other information on the program that
the Secretary may require.
(2) Implementation.--Subject to the requirements of
paragraphs (3), (4), (5), and (6), the eligible agency
may implement the planned collection and use of
passenger facility charges in accordance with its
report upon filing the report as required in paragraph
(1).
(3) Consultation with carriers for new projects.--
(A) An eligible agency proposing to collect
or use passenger facility charge revenue for a
project not previously approved by the
Secretary or not included in a report required
by paragraph (1) that was submitted in a prior
year shall provide to air carriers and foreign
air carriers operating at the airport
reasonable notice, and an opportunity to
comment on the planned collection and use of
program revenue before providing the report
required under paragraph (1). The Secretary
shall prescribe by regulation what constitutes
reasonable notice under this paragraph, which
shall at a minimum include--
(i) that the eligible agency provide
to air carriers and foreign air
carriers operating at the airport
written notice of the planned
collection and use of passenger
facility charge revenue;
(ii) that the notice include a full
description and justification for a
proposed project;
(iii) that the notice include a
detailed financial plan for the
proposed project; and
(iv) that the notice include the
proposed level for the passenger
facility charge.
(B) An eligible agency providing notice and
an opportunity for comment shall be deemed to
have satisfied the requirements of this
paragraph if the eligible agency provides such
notice to air carriers and foreign air carriers
that have a significant business interest at
the airport. For purposes of this subparagraph,
the term ``significant business interest''
means an air carrier or foreign air carrier
that--
(i) had not less than 1.0 percent of
passenger boardings at the airport in
the prior calendar year;
(ii) had at least 25,000 passenger
boardings at the airport in the prior
calendar year; or
(iii) provides scheduled service at
the airport.
(C) Not later than 45 days after written
notice is provided under subparagraph (A), each
air carrier and foreign air carrier may provide
written comments to the eligible agency
indicating its agreement or disagreement with
the project or, if applicable, the proposed
level for a passenger facility charge.
(D) The eligible agency may include, as part
of the notice and comment process, a
consultation meeting to discuss the proposed
project or, if applicable, the proposed level
for a passenger facility charge. If the agency
provides a consultation meeting, the written
comments specified in subparagraph (C) shall be
due not later than 30 days after the meeting.
(4) Public notice and comment.--
(A) An eligible agency proposing to collect
or use passenger facility charge revenue for a
project not previously approved by the
Secretary or not included in a report required
by paragraph (1) that was filed in a prior year
shall provide reasonable notice and an
opportunity for public comment on the planned
collection and use of program revenue before
providing the report required in paragraph (1).
(B) The Secretary shall prescribe by
regulation what constitutes reasonable notice
under this paragraph, which shall at a minimum
require--
(i) that the eligible agency provide
public notice of intent to collect a
passenger facility charge so as to
inform those interested persons and
agencies that may be affected;
(ii) appropriate methods of
publication, which may include notice
in local newspapers of general
circulation or other local media, or
posting of the notice on the agency's
Internet website; and
(iii) submission of public comments
no later than 45 days after the date of
the publication of the notice.
(5) Objections.--
(A) Any interested person may file with the
Secretary a written objection to a proposed
project included in a notice under this
paragraph provided that the filing is made
within 30 days after submission of the report
specified in paragraph (1).
(B) The Secretary shall provide not less than
30 days for the eligible agency to respond to
any filed objection.
(C) Not later than 90 days after receiving
the eligible agency's response to a filed
objection, the Secretary shall make a
determination whether or not to terminate
authority to collect the passenger facility
charge for the project, based on the filed
objection. The Secretary shall state the
reasons for any determination. The Secretary
may only terminate authority if--
(i) the project is not an eligible
airport related project;
(ii) the eligible agency has not
complied with the requirements of this
section or the Secretary's implementing
regulations in proposing the project;
(iii) the eligible agency has been
found to be in violation of section
47107(b) of this title and has failed
to take corrective action, prior to the
filing of the objection; or
(iv) in the case of a proposed
increase in the passenger facility
charge level, the level is not
authorized by this section.
(D) Upon issuance of a decision terminating
authority, the public agency shall prepare an
accounting of passenger facility revenue
collected under the terminated authority and
restore the funds for use on other authorized
projects.
(E) Except as provided in subparagraph (C),
the eligible agency may implement the planned
collection and use of a passenger facility
charge in accordance with its report upon
filing the report as specified in paragraph
(1)(A).
(6) Approval requirement for increased passenger
facility charge or intermodal ground access project.--
(A) An eligible agency may not collect or use
a passenger facility charge to finance an
intermodal ground access project, or increase a
passenger facility charge, unless the project
is first approved by the Secretary in
accordance with this paragraph.
(B) The eligible agency may submit to the
Secretary an application for authority to
impose a passenger facility charge for an
intermodal ground access project or to increase
a passenger facility charge. The application
shall contain information and be in the form
that the Secretary may require by regulation
but, at a minimum, must include copies of any
comments received by the agency during the
comment period described by subparagraph (C).
(C) Before submitting an application under
this paragraph, an eligible agency must provide
air carriers and foreign air carriers operating
at the airport, and the public, reasonable
notice of and an opportunity to comment on a
proposed intermodal ground access project or
the increased passenger facility charge. Such
notice and opportunity to comment shall conform
to the requirements of paragraphs (3) and (4).
(D) After receiving an application, the
Secretary may provide air carriers, foreign air
carriers and other interested persons notice
and an opportunity to comment on the
application. The Secretary shall make a final
decision on the application not later than 120
days after receiving it.
(d) Limitations on Approving Applications.--The Secretary may
approve an application that an eligible agency has submitted
under [subsection (c) of this section to finance a specific]
subsection (c)(6) of this section to finance an intermodal
ground access project only if the Secretary finds, based on
the application, that--
(1) the amount and duration of the proposed passenger
facility [fee] charge will result in revenue (including
interest and other returns on the revenue) that is not
more than the amount necessary to finance the
[specific] project;
[(2) each project is an eligible airport-related
project that will--
[(A) preserve or enhance capacity, safety, or
security of the national air transportation
system;
[(B) reduce noise resulting from an airport
that is part of the system; or
[(C) provide an opportunity for enhanced
competition between or among air carriers and
foreign air carriers;]
(2) the project is an eligible airport-related
project; and;
(3) the application includes adequate justification
for [each of the specific projects; and] the project.
[(4) in the case of an application to impose a [fee]
charge of more than $3.00 for an eligible surface
transportation or terminal project, the agency has made
adequate provision for financing the airside needs of
the airport, including runways, taxiways, aprons, and
aircraft gates.]
(e) Limitations on Imposing [fees] charges._[(1) An eligible
agency may impose a passenger facility fee only--
[(A) if the Secretary approves an application that
the agency has submitted under subsection (c) of this
section; and
[(B) subject to terms the Secretary may prescribe to
carry out the objectives of this section.] (1) An
eligible agency may impose a passenger facility charge
only subject to terms the Secretary may prescribe to
carry out the objectives of this section.
(2) A passenger facility [fee] charge may not be collected
from a passenger--
(A) for more than 2 boardings on a one-way trip or a
trip in each direction of a round trip;
(B) for the boarding to an eligible place under
subchapter II of chapter 417 of this title for which
essential air service compensation is paid under
subchapter II;
(C) enplaning at an airport if the passenger did not
pay for the air transportation which resulted in such
enplanement, including any case in which the passenger
obtained the ticket for the air transportation with a
frequent flier award coupon without monetary payment;
(D) on flights, including flight segments, between 2
or more points in Hawaii;
(E) in Alaska aboard an aircraft having a seating
capacity of less than 60 passengers; and
(F) enplaning at an airport if the passenger did not
pay for the air transportation which resulted in such
enplanement due to charter arrangements and payment by
the Department of Defense.
(f) Limitations on Contracts, Leases, and Use Agreements.--
(1) A contract between an air carrier or foreign air carrier
and an eligible agency made at any time may not impair the
authority of the agency to impose a passenger facility [fee]
charge or to use the passenger facility revenue as provided in
this section.
(2) A project financed with a passenger facility [fee] charge
may not be subject to an exclusive [long-term] lease or use
agreement of an air carrier or foreign air carrier, as defined
by regulations of the Secretary.
(3) A lease or use agreement of an air carrier or foreign air
carrier related to a project whose construction or expansion
was financed with a passenger facility [fee] charge may not
restrict the eligible agency from financing, developing, or
assigning new capacity at the airport with passenger facility
revenue.
(g) Treatment of Revenue.--(1) Passenger facility revenue is
not airport revenue for purposes of establishing a price under
a contract between an eligible agency and an air carrier or
foreign air carrier.
(2) An eligible agency may not include in its price base the
part of the capital costs of a project paid for by using
passenger facility revenue to establish a price under a
contract between the agency and an air carrier or foreign air
carrier.
(3) For a project for terminal development, gates and related
areas, or a facility occupied or used by at least one air
carrier or foreign air carrier on an exclusive or preferential
basis, a price payable by an air carrier or foreign air carrier
using the facilities must at least equal the price paid by an
air carrier or foreign air carrier using a similar facility at
the airport that was not financed with passenger facility
revenue.
(4) Passenger facility revenues that are held by an air
carrier or an agent of the carrier after collection of a
passenger facility [fee] charge constitute a trust fund that is
held by the air carrier or agent for the beneficial interest of
the eligible agency imposing the [fee] charge. Such carrier or
agent holds neither legal nor equitable interest in the
passenger facility revenues except for any handling [fee]
charge or retention of interest collected on unremitted
proceeds as may be allowed by the Secretary.
(h) Compliance.--(1) As necessary to ensure compliance with
this section, the Secretary shall prescribe regulations
requiring recordkeeping and auditing of accounts maintained by
an air carrier or foreign air carrier and its agent collecting
a passenger facility [fee] charge and by the eligible agency
imposing the [fee] charge.
(2) The Secretary periodically shall audit and review the use
by an eligible agency of passenger facility revenue. After
review and a public hearing, the Secretary may end any part of
the authority of the agency to impose a passenger facility
[fee] charge to the extent the Secretary decides that the
revenue is not being used as provided in this section.
(3) The Secretary may, on complaint of an interested person
or on the Secretary's own initiative, conduct an investigation
into an eligible agency's collection and use of passenger
facility charge revenue to determine whether a passenger
facility charge is excessive or that passenger facility revenue
is not being used as provided in this section. The Secretary
shall prescribe regulations establishing procedures for
complaints and investigations. The regulations may provide for
the issuance of a final agency decision without resort to an
oral evidentiary hearing. The Secretary shall not accept
complaints filed under this paragraph until after the issuance
of regulations establishing complaint procedures.
[(3)] (4) The Secretary may set off amounts necessary to
ensure compliance with this section against amounts otherwise
payable to an eligible agency under subchapter I of chapter 471
of this title if the Secretary decides a passenger facility
[fee] charge is excessive or that passenger facility revenue is
not being used as provided in this section.
(i) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations--
(1) may prescribe the time and form by which a
passenger facility [fee] charge takes effect;
(2) shall--
(A) require an air carrier or foreign air
carrier and its agent to collect a passenger
facility [fee] charge that an eligible agency
imposes under this section;
(B) establish procedures for handling and
remitting money collected;
(C) ensure that the money, less a uniform
amount the Secretary determines reflects the
average necessary and reasonable expenses (net
of interest accruing to the carrier and agent
after collection and before remittance)
incurred in collecting and handling the [fee]
charge, is paid promptly to the eligible agency
for which they are collected; and
(D) require that the amount collected for any
air transportation be noted on the ticket for
that air transportation; and
(3) may permit an eligible agency to request that
collection of a passenger facility [fee] charge be
waived for--
(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the
class constitutes not more than one percent of
the total number of passengers enplaned
annually at the airport at which the [fee]
charge is imposed; or
(B) passengers enplaned on a flight to an
airport--
(i) that has fewer than 2,500
passenger boardings each year and
receives scheduled passenger service;
or
(ii) in a community which has a
population of less than 10,000 and is
not connected by a land highway or
vehicular way to the land-connected
National Highway System within a State.
(j) Limitation on Certain Actions.--A State, political
subdivision of a State, or authority of a State or political
subdivision that is not the eligible agency may not tax,
regulate, or prohibit or otherwise attempt to control in any
manner, the imposition or collection of a passenger facility
[fee] charge or the use of the revenue from the passenger
facility [fee] charge.
(k) Competition Plans.--
(1) In general.--Beginning in fiscal year 2001, no
eligible agency may impose a passenger facility [fee]
charge under this section with respect to a covered
airport (as such term is defined in section 47106(f))
unless the agency has submitted to the Secretary a
written competition plan in accordance with such
section. This subsection does not apply to passenger
facility [fees] charges in effect before the date of
the enactment of this subsection.
(2) Secretary shall ensure implementation and
compliance.--The Secretary shall review any plan
submitted under paragraph (1) to ensure that it meets
the requirements of this section, and shall review its
implementation from time-to-time to ensure that each
covered airport successfully implements its plan.
(l) Pilot Program for Passenger Facility [Fee] Charge
Authorizations at Nonhub Airports.--
(1) In general.--The Secretary shall establish a
pilot program to test alternative procedures for
authorizing eligible agencies for nonhub airports to
impose passenger facility [fees] charges. An eligible
agency may impose in accordance with the provisions of
this subsection a passenger facility [fee] charge under
this section. For purposes of the pilot program, the
procedures in this subsection shall apply instead of
the procedures otherwise provided in this section.
(2) Notice and opportunity for consultation.--The
eligible agency must provide reasonable notice and an
opportunity for consultation to air carriers and
foreign air carriers in accordance with subsection
[(c)(2)] (c)(3) and must provide reasonable notice and
opportunity for public comment in accordance with
subsection (c)(3).
(3) Notice of intention.--The eligible agency must
submit to the Secretary a notice of intention to impose
a passenger facility [fee] charge under this
subsection. The notice shall include--
(A) information that the Secretary may
require by regulation on each project for which
authority to impose a passenger facility [fee]
charge is sought;
(B) the amount of revenue from passenger
facility [fees] charges that is proposed to be
collected for each project; and
(C) the level of the passenger facility [fee]
charge that is proposed.
(4) Acknowledgement of receipt and indication of
objection.--The Secretary shall acknowledge receipt of
the notice and indicate any objection to the imposition
of a passenger facility [fee] charge under this
subsection for any project identified in the notice
within 30 days after receipt of the eligible agency's
notice.
(5) Authority to impose [fee] charge._Unless the
Secretary objects within 30 days after receipt of the
eligible agency's notice, the eligible agency is
authorized to impose a passenger facility [fee] charge
in accordance with the terms of its notice under this
subsection.
(6) Regulations.--Not later than 180 days after the
date of enactment of this subsection, the Secretary
shall propose such regulations as may be necessary to
carry out this subsection.
(7) Sunset.--This subsection shall cease to be
effective beginning on [October 1, 2009.] the date of
issuance of regulations to carry out subsection (c) of
this section, as amended by the FAA Air Transportation
Modernization and Safety Improvement Act.
(8) Acknowledgement not an order.--An acknowledgement
issued under paragraph (4) shall not be considered an
order issued by the Secretary for purposes of section
46110.
(m) Financial Management of [Fees] Charges.--
(1) Handling of [fees] charges._A covered air carrier
shall segregate in a separate account passenger
facility revenue equal to the average monthly liability
for [fees] charges collected under this section by such
carrier or any of its agents for the benefit of the
eligible agencies entitled to such revenue.
(2) Trust fund status.--If a covered air carrier or
its agent fails to segregate passenger facility revenue
in violation of the subsection, the trust fund status
of such revenue shall not be defeated by an inability
of any party to identify and trace the precise funds in
the accounts of the air carrier.
(3) Prohibition.--A covered air carrier and its
agents may not grant to any third party any security or
other interest in passenger facility revenue.
(4) Compensation to eligible entities.--A covered air
carrier that fails to comply with any requirement of
this subsection, or otherwise unnecessarily causes an
eligible entity to expend funds, through litigation or
otherwise, to recover or retain payment of passenger
facility revenue to which the eligible entity is
otherwise entitled shall be required to compensate the
eligible agency for the costs so incurred.
(5) Interest on amounts.--A covered air carrier that
collects passenger facility [fees] charges is entitled
to receive the interest on passenger facility [fee]
charge accounts if the accounts are established and
maintained in compliance with this subsection.
(6) Existing regulations.--The provisions of section
158.49 of title 14, Code of Federal Regulations, that
permit the commingling of passenger facility [fees]
charges with other air carrier revenue shall not apply
to a covered air carrier.
(7) Covered air carrier defined.--In this section,
the term ``covered air carrier'' means an air carrier
that files for chapter 7 or chapter 11 of title 11
bankruptcy protection, or has an involuntary chapter 7
of title 11 bankruptcy proceeding commenced against it,
after the date of enactment of this subsection.
(n) Alternative Passenger Facility Charge Collection Pilot
Program.--
(1) In general.--The Secretary shall establish and
conduct a pilot program at not more than 6 airports
under which an eligible agency may impose a passenger
facility charge under this section without regard to
the dollar amount limitations set forth in paragraph
(1) or (4) of subsection (b) if the participating
eligible agency meets the requirements of paragraph
(2).
(2) Collection requirements.--
(A) Direct collection.--An eligible agency
participating in the pilot program--
(i) may collect the charge from the
passenger at the facility, via the
Internet, or in any other reasonable
manner; but
(ii) may not require or permit the
charge to be collected by an air
carrier or foreign air carrier for the
flight segment.
(B) PFC collection requirement not to
apply.--Subpart C of part 158 of title 14, Code
of Federal Regulations, does not apply to the
collection of the passenger facility charge
imposed by an eligible agency participating in
the pilot program.
Sec. 40122. Federal Aviation Administration personnel management system
(a) In General.--
(1) Consultation and negotiation.--In developing and
making changes to the personnel management system
initially implemented by the Administrator of the
Federal Aviation Administration on April 1, 1996, the
Administrator shall negotiate with the exclusive
bargaining representatives of employees of the
Administration certified under section 7111 of title 5
and consult with other employees of the Administration.
[(2) Mediation.--If the Administrator does not reach
an agreement under paragraph (1) with the exclusive
bargaining representatives, the services of the Federal
Mediation and Conciliation Service shall be used to
attempt to reach such agreement. If the services of the
Federal Mediation and Conciliation Service do not lead
to an agreement, the Administrator's proposed change to
the personnel management system shall not take effect
until 60 days have elapsed after the Administrator has
transmitted the proposed change, along with the
objections of the exclusive bargaining representatives
to the change, and the reasons for such objections, to
Congress. The 60-day period shall not include any
period during which Congress has adjourned sine die.]
(2) Dispute resolution.--
(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or
subsection (g)(2)(C) with the exclusive
bargaining representatives, the services of the
Federal Mediation and Conciliation Service
shall be used to attempt to reach such
agreement in accordance with part 1425 of title
29, Code of Federal Regulations. The
Administrator and bargaining representatives
may by mutual agreement adopt procedures for
the resolution of disputes or impasses arising
in the negotiation of a collective-bargaining
agreement.
(B) Binding arbitration.--If the services of
the Federal Mediation and Conciliation Service
under subparagraph (A) do not lead to an
agreement, the Administrator and the bargaining
representatives shall submit their issues in
controversy to the Federal Service Impasses
Panel in accordance with section 7119 of title
5. The Panel shall assist the parties in
resolving the impasse by asserting jurisdiction
and ordering binding arbitration by a private
arbitration board consisting of 3 members in
accordance with section 2471.6(a)(2)(ii) of
title 5, Code of Federal Regulations. The
executive director of the Panel shall request a
list of not less than 15 names of arbitrators
with Federal sector experience from the
director of the Federal Mediation and
Conciliation Service to be provided to the
Administrator and the bargaining
representatives. Within 10 days after receiving
the list, the parties shall each select 1
person. The 2 arbitrators shall then select a
third person from the list within 7 days. If
the 2 arbitrators are unable to agree on the
third person, the parties shall select the
third person by alternately striking names from
the list until only 1 name remains. If the
parties do not agree on the framing of the
issues to be submitted, the arbitration board
shall frame the issues. The arbitration board
shall give the parties a full and fair hearing,
including an opportunity to present evidence in
support of their claims, and an opportunity to
present their case in person, by counsel, or by
other representative as they may elect.
Decisions of the arbitration board shall be
conclusive and binding upon the parties. The
arbitration board shall render its decision
within 90 days after its appointment. The
Administrator and the bargaining representative
shall share costs of the arbitration equally.
The arbitration board shall take into
consideration the effect of its arbitration
decisions on the Federal Aviation
Administration's ability to attract and retain
a qualified workforce and the Federal Aviation
Administration's budget.
(C) Effect.--Upon reaching a voluntary
agreement or at the conclusion of the binding
arbitration under subparagraph (B) above, the
final agreement, except for those matters
decided by the arbitration board, shall be
subject to ratification by the exclusive
representative, if so requested by the
exclusive representative, and approval by the
head of the agency in accordance with
subsection (g)(2)(C).
(D) Enforcement.--Enforcement of the
provisions of this paragraph shall be in the
United States District Court for the District
of Columbia.
(3) Cost savings and productivity goals.--The
Administration and the exclusive bargaining
representatives of the employees shall use every
reasonable effort to find cost savings and to increase
productivity within each of the affected bargaining
units.
(4) Annual budget discussions.--The Administration
and the exclusive bargaining representatives of the
employees shall meet annually for the purpose of
finding additional cost savings within the
Administration's annual budget as it applies to each of
the affected bargaining units and throughout the
agency.
(b) Expert Evaluation.--On the date that is 3 years after the
personnel management system is implemented, the Administration
shall employ outside experts to provide an independent
evaluation of the effectiveness of the system within 3 months
after such date. For this purpose, the Administrator may
utilize the services of experts and consultants under section
3109 of title 5 without regard to the limitation imposed by the
last sentence of section 3109(b) of such title, and may
contract on a sole source basis, notwithstanding any other
provision of law to the contrary.
(c) Pay Restriction.--No officer or employee of the
Administration may receive an annual rate of basic pay in
excess of the annual rate of basic pay payable to the
Administrator.
(d) Ethics.--The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the
Office of Government Ethics, including those set forth in
section 2635 of title 5 of the Code of Federal Regulations.
(e) Employee Protections.--Until July 1, 1999, basic wages
(including locality pay) and operational differential pay
provided employees of the Administration shall not be
involuntarily adversely affected by reason of the enactment of
this section, except for unacceptable performance or by reason
of a reduction in force or reorganization or by agreement
between the Administration and the affected employees'
exclusive bargaining representative.
(f) Labor-Management Agreements.--Except as otherwise
provided by this title, all labor-management agreements
covering employees of the Administration that are in effect on
the effective date of the Air Traffic Management System
Performance Improvement Act of 1996 shall remain in effect
until their normal expiration date, unless the Administrator
and the exclusive bargaining representative agree to the
contrary.
(g) Personnel Management System.--
(1) In general.--In consultation with the employees
of the Administration and such non-governmental experts
in personnel management systems as he may employ, and
notwithstanding the provisions of title 5 and other
Federal personnel laws, the Administrator shall develop
and implement, not later than January 1, 1996, a
personnel management system for the Administration that
addresses the unique demands on the agency's workforce.
Such a new system shall, at a minimum, provide for
greater flexibility in the hiring, training,
compensation, and location of personnel.
(2) Applicability of title 5.--The provisions of
title 5 shall not apply to the new personnel management
system developed and implemented pursuant to paragraph
(1), with the exception of--
(A) [section 2302(b), relating to
whistleblower protection,] sections 2301 and
2302, including the provisions for
investigation and enforcement as provided in
chapter 12 of title 5;
(B) sections 3308-3320, relating to veterans'
preference;
(C) chapter 71, relating to labor-management
relations;
(D) section 7204, relating to
antidiscrimination;
(E) chapter 73, relating to suitability,
security, and conduct;
(F) chapter 81, relating to compensation for
work injury;
(G) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and
insurance coverage; [and]
(H) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection
[Board.] Board; [and]
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards), and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) for purposes of applying such
provisions to the personnel management
system--
(I) the term ``agency'' means
the Department of
Transportation;
(II) the term ``senior
executive'' means a Federal
Aviation Administration
executive;
(III) the term ``career
appointee'' means a Federal
Aviation Administration career
executive; and
(IV) the term ``senior career
employee'' means a Federal
Aviation Administration career
senior professional;
(ii) receipt by a career appointee of
the rank of Meritorious Executive or
Meritorious Senior Professional
entitles such individual to a lump-sum
payment of an amount equal to 20
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan; and
(iii) receipt by a career appointee
of the rank of Distinguished Executive
or Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan;
(J) section 5596, relating to back pay; and
(K) sections 6381 through 6387, relating to
Family and Medical Leave.
(3) Appeals to Merit Systems Protection Board.--Under
the new personnel management system developed and
implemented under paragraph (1), an employee of the
Administration may submit an appeal to the Merit
Systems Protection Board and may seek judicial review
of any resulting final orders or decisions of the Board
from any action that was appealable to the Board under
any law, rule, or regulation as of March 31, 1996.
Notwithstanding any other provision of law, retroactive
to April 1, 1996, the Board shall have the same
remedial authority over such employee appeals that it
had as of March 31, 1996.
(4) Effective date.--This subsection shall take
effect on April 1, 1996.
(h) Right To Contest Adverse Personnel Actions.--An employee
of the Federal Aviation Administration who is the subject of a
major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable
to the employee as a member of the collective bargaining unit
or through the Administration's internal process relating to
review of major adverse personnel actions of the
Administration, known as Guaranteed Fair Treatment, or under
section 40122(g)(3).
(i) Election of Forum.--Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the
Federal Aviation Administration's internal process, or that of
the Merit Systems Protection Board), an employee must elect the
forum through which the matter will be contested. Nothing in
this section is intended to allow an employee to contest an
action through more than one forum unless otherwise allowed by
law.
(j) Definition.--In this section, the term ``major adverse
personnel action'' means a suspension of more than 14 days, a
reduction in pay or grade, a removal for conduct or
performance, a nondisciplinary removal, a furlough of 30 days
or less (but not including placement in a nonpay status as the
result of a lapse of appropriations or an enactment by
Congress), or a reduction in force action.
Sec. 40128. Overflights of national parks
(a) In General.--
(1) General requirements.--A commercial air tour
operator may not conduct commercial air tour operations
over a national park or tribal lands, as defined by
this section, except--
(A) in accordance with this section;
(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; [and]
(C) in accordance with any applicable air
tour management plan for the park or tribal
[lands.] lands; and
(D) in accordance with a voluntary agreement
between the commercial air tour operator and
appropriate representatives of the national
park or tribal lands, as the case may be.
(2) Application for operating authority.--
(A) Application required.--Before commencing
commercial air tour operations over a national
park or tribal lands, a commercial air tour
operator shall apply to the Administrator for
authority to conduct the operations over the
park or tribal lands.
(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan
limits the number of commercial air tour
operations over a national park during a
specified time frame, the Administrator, in
cooperation with the [Director,] secretary of
the Interior, shall issue operation
specifications to commercial air tour operators
that conduct such operations. The operation
specifications shall include such terms and
conditions as the Administrator and the
[Director] Secretary of the Interior find
necessary for management of commercial air tour
operations over the park. The Administrator, in
cooperation with the [Director] Secretary of
the Interior, shall develop an open competitive
process for evaluating proposals from persons
interested in providing commercial air tour
operations over the park. In making a selection
from among various proposals submitted, the
Administrator, in cooperation with the
[Director] Secretary of the Interior, shall
consider relevant factors, including--
(i) the safety record of the person
submitting the proposal or pilots
employed by the person;
(ii) any quiet aircraft technology
proposed to be used by the person
submitting the proposal;
(iii) the experience of the person
submitting the proposal with commercial
air tour operations over other national
parks or scenic areas;
(iv) the financial capability of the
person submitting the proposal;
(v) any training programs for pilots
provided by the person submitting the
proposal; and
(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the [National
Park Service] Department of the
Interior for the affected park.
(C) Number of operations authorized.--In
determining the number of authorizations to
issue to provide commercial air tour operations
over a national park, the Administrator, in
cooperation with the [Director] Secretary of
the Interior, shall take into consideration the
provisions of the air tour management plan, the
number of existing commercial air tour
operators and current level of service and
equipment provided by any such operators, and
the financial viability of each commercial air
tour operation.
(D) Cooperation with NPS.--Before granting an
application under this paragraph, the
Administrator, in cooperation with the
[Director] Secretary of the Interior, shall
develop an air tour management plan in
accordance with subsection (b) and implement
such plan.
(E) Time limit on response to ATMP
applications.--The Administrator shall make
every effort to act on any application under
this paragraph and issue a decision on the
application not later than 24 months after it
is received or amended.
(F) Priority.--In acting on applications
under this paragraph to provide commercial air
tour operations over a national park, the
Administrator shall give priority to an
application under this paragraph in any case in
which a new entrant commercial air tour
operator is seeking operating authority with
respect to that national park.
(3) Exception.--Notwithstanding paragraph (1),
commercial air tour operators may conduct commercial
air tour operations over a national park under part 91
of the title 14, Code of Federal Regulations if--
(A) such activity is permitted under part 119
of such title;
(B) the operator secures a letter of
agreement from the Administrator and the
national park superintendent for that national
park describing the conditions under which the
operations will be conducted; and
(C) the total number of operations under this
exception is limited to not more than five
flights in any 30-day period over a particular
park.
(4) Special rule for safety requirements.--
Notwithstanding subsection (c), an existing commercial
air tour operator shall apply, not later than 90 days
after the date of the enactment of this section, for
operating authority under part 119, 121, or 135 of
title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such
authority before conducting commercial air tour
operations over a national park or tribal lands. The
Administrator shall make every effort to act on any
such application for a new entrant and issue a decision
on the application not later than 24 months after it is
received or amended.
(b) Air Tour Management Plans.--
(1) Establishment.--
(A) In general.--The Administrator, in
cooperation with the [Director] Secretary of
the Interior, shall establish an air tour
management plan for any national park or tribal
land for which such a plan is not in effect
whenever a person applies for authority to
conduct a commercial air tour operation over
the park. The air tour management plan shall be
developed by means of a public process in
accordance with paragraph (4).
(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable
and effective measures to mitigate or prevent
the significant adverse impacts, if any, of
commercial air tour operations upon the natural
and cultural resources, visitor experiences,
and tribal lands.
(2) Environmental determination.--In establishing an
air tour management plan under this subsection, the
Administrator and the [Director] Secretary of the
Interior shall each sign the environmental decision
document required by section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) which
may include a finding of no significant impact, an
environmental assessment, or an environmental impact
statement and the record of decision for the air tour
management plan.
(3) Contents.--An air tour management plan for a
national park--
(A) may prohibit commercial air tour
operations over a national park in whole or in
part;
(B) may establish conditions for the conduct
of commercial air tour operations over a
national park, including commercial air tour
routes, maximum or minimum altitudes, time-of-
day restrictions, restrictions for particular
events, maximum number of flights per unit of
time, intrusions on privacy on tribal lands,
and mitigation of noise, visual, or other
impacts;
(C) shall apply to all commercial air tour
operations over a national park that are also
within 1/2 mile outside the boundary of a
national park;
(D) shall include incentives (such as
preferred commercial air tour routes and
altitudes, relief from caps and curfews) for
the adoption of quiet aircraft technology by
commercial air tour operators conducting
commercial air tour operations over a national
park;
(E) shall provide for the initial allocation
of opportunities to conduct commercial air tour
operations over a national park if the plan
includes a limitation on the number of
commercial air tour operations for any time
period; and
(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
through (E) and include such justifications in
the record of decision.
(4) Procedure.--In establishing an air tour
management plan for a national park or tribal lands,
the Administrator and the [Director] Secretary of the
Interior shall--
(A) hold at least one public meeting with
interested parties to develop the air tour
management plan;
(B) publish the proposed plan in the Federal
Register for notice and comment and make copies
of the proposed plan available to the public;
(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the [National Park Service]
Department of the Interior is a cooperating
agency); and
(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park or tribal
lands to which the plan applies, as a
cooperating agency under the regulations
referred to in subparagraph (C).
(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to
judicial review.
(6) Amendments.--The Administrator, in cooperation
with the [Director] Secretary of the Interior, may make
amendments to an air tour management plan. Any such
amendments shall be published in the Federal Register
for notice and comment. A request for amendment of an
air tour management plan shall be made in such form and
manner as the Administrator may prescribe.
(c) Interim Operating Authority.--
(1) In general.--Upon application for operating
authority, the Administrator shall grant interim
operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park or tribal lands for
which the operator is an existing commercial air tour
operator.
(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
(A) shall provide annual authorization only
for the greater of--
(i) the number of flights used by the
operator to provide the commercial air
tour operations over a national park
within the 12-month period prior to the
date of the enactment of this section;
or
(ii) the average number of flights
per 12-month period used by the
operator to provide such operations
within the 36-month period prior to
such date of enactment, and, for
seasonal operations, the number of
flights so used during the season or
seasons covered by that 12-month
period;
(B) may not provide for an increase in the
number of commercial air tour operations over a
national park conducted during any time period
by the commercial air tour operator above the
number that the air tour operator was
originally granted unless such an increase is
agreed to by the Administrator and the
[Director] Secretary of the Interior;
(C) shall be published in the Federal
Register to provide notice and opportunity for
comment;
(D) may be revoked by the Administrator for
cause;
(E) shall terminate 180 days after the date
on which an air tour management plan is
established for the park or tribal lands;
(F) shall promote protection of national park
resources, visitor experiences, and tribal
lands;
(G) shall promote safe commercial air tour
operations;
(H) shall promote the adoption of quiet
technology, as appropriate; and
[(I) shall allow for modifications of the
interim operating authority based on experience
if the modification improves protection of
national park resources and values and of
tribal lands.]
(I) may allow for modifications of the
interim operating authority without further
environmental process, if--
(i) adequate information on the
existing and proposed operations of the
commercial air tour operator is
provided to the Administrator and the
Secretary by the operator seeking
operating authority;
(ii) the Administrator determines
that the modifications would not
adversely affect aviation safety or the
management of the national airspace
system; and
(iii) the Secretary agrees that the
modifications would not adversely
affect park resources and visitor
experiences.
(3) New entrant air tour operators.--
(A) In general.--The Administrator, in
cooperation with the [Director] Secretary of
the Interior, may grant interim operating
authority under this paragraph to an air tour
operator for a national park or tribal lands
for which that operator is a new entrant air
tour operator if the Administrator determines
the authority is necessary to ensure
competition in the provision of commercial air
tour operations over the park or tribal lands.
(B) Safety limitation.--The Administrator may
not grant interim operating authority under
subparagraph (A) if the Administrator
determines that it would create a safety
problem at the park or on the tribal lands, or
the [Director] Secretary of the Interior
determines that it would create a noise problem
at the park or on the tribal lands.
(C) ATMP limitation.--The Administrator may
grant interim operating authority under
subparagraph (A) of this paragraph only if the
air tour management plan for the park or tribal
lands to which the application relates has not
been developed within 24 months after the date
of the enactment of this section.
(d) Exemptions.--This section shall not apply to--
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon
National Park.
(e) Lake Mead.--This section shall not apply to any air tour
operator while flying over or near the Lake Mead National
Recreation Area, solely as a transportation route, to conduct
an air tour over the Grand Canyon National Park. For purposes
of this subsection, an air tour operator flying over the Hoover
Dam in the Lake Mead National Recreation Area en route to the
Grand Canyon National Park shall be deemed to be flying solely
as a transportation route.
(f) Definitions.--In this section, the following definitions
apply:
(1) Commercial air tour operator.--The term
``commercial air tour operator'' means any person who
conducts a commercial air tour operation over a
national park.
(2) Existing commercial air tour operator.--The term
``existing commercial air tour operator'' means a
commercial air tour operator that was actively engaged
in the business of providing commercial air tour
operations over a national park at any time during the
12-month period ending on the date of the enactment of
this section.
(3) New entrant commercial air tour operator.--The
term ``new entrant commercial air tour operator'' means
a commercial air tour operator that--
(A) applies for operating authority as a
commercial air tour operator for a national
park or tribal lands; and
(B) has not engaged in the business of
providing commercial air tour operations over
the national park or tribal lands in the 12-
month period preceding the application.
(4) Commercial air tour operation over a national
park.--
(A) In general.--The term ``commercial air
tour operation over a national park'' means any
flight, conducted for compensation or hire in a
powered aircraft where a purpose of the flight
is sightseeing over a national park, within 1/2
mile outside the boundary of any national park
(except the Grand Canyon National Park), or
over tribal lands (except those within or
abutting the Grand Canyon National Park),
during which the aircraft flies--
(i) below a minimum altitude,
determined by the Administrator in
cooperation with the Director, above
ground level (except solely for
purposes of takeoff or landing, or
necessary for safe operation of an
aircraft as determined under the rules
and regulations of the Federal Aviation
Administration requiring the pilot-in-
command to take action to ensure the
safe operation of the aircraft); or
(ii) less than 1 mile laterally from
any geographic feature within the park
(unless more than 1/2 mile outside the
boundary).
(B) Factors to consider.--In making a
determination of whether a flight is a
commercial air tour operation over a national
park for purposes of this section, the
Administrator may consider--
(i) whether there was a holding out
to the public of willingness to conduct
a sightseeing flight for compensation
or hire;
(ii) whether a narrative that
referred to areas or points of interest
on the surface below the route of the
flight was provided by the person
offering the flight;
(iii) the area of operation;
(iv) the frequency of flights
conducted by the person offering the
flight;
(v) the route of flight;
(vi) the inclusion of sightseeing
flights as part of any travel
arrangement package offered by the
person offering the flight;
(vii) whether the flight would have
been canceled based on poor visibility
of the surface below the route of the
flight; and
(viii) any other factors that the
Administrator and the Director consider
appropriate.
(5) National park.--The term ``national park'' means
any unit of the National Park System.
(6) Tribal lands.--The term ``tribal lands'' means
Indian country (as that term is defined in section 1151
of title 18) that is within or abutting a national
park.
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Aviation
Administration.
[(8) Director.--The term ``Director'' means the
Director of the National Park Service.]
Sec. 40130. FAA access to criminal history records or databases systems
(a) Access to Records or Databases Systems.--
(1) In general.--Notwithstanding section 534 of title
28 and the implementing regulations for such section
(28 C.F.R. part 20), the Administrator of the Federal
Aviation Administration is authorized to access a
system of documented criminal justice information
maintained by the Department of Justice or by a State
but may do so only for the purpose of carrying out its
civil and administrative responsibilities to protect
the safety and security of the National Airspace System
or to support the missions of the Department of
Justice, the Department of Homeland Security, and other
law enforcement agencies. The Administrator shall be
subject to the same conditions or procedures
established by the Department of Justice or State for
access to such an information system by other
governmental agencies with access to the system.
(2) Limitation.The Administrator may not use the
access authorized under paragraph (1) to conduct
criminal investigations.
(b) Designated Employees.--The Administrator shall, by order,
designate those employees of the Administration who shall carry
out the authority described in subsection (a). Such designated
employees may--
(1) have access to and receive criminal history,
driver, vehicle, and other law enforcement information
contained in the law enforcement databases of the
Department of Justice, or of any jurisdiction in a
State in the same manner as a police officer employed
by a State or local authority of that State who is
certified or commissioned under the laws of that State;
(2) use any radio, data link, or warning system of
the Federal Government and of any jurisdiction in a
State that provides information about wanted persons,
be-on-the-lookout notices, or warrant status or other
officer safety information to which a police officer
employed by a State or local authority in that State
who is certified or commission under the laws of that
State has access and in the same manner as such police
officer; or
(3) receive Federal, State, or local government
communications with a police officer employed by a
State or local authority in that State in the same
manner as a police officer employed by a State or local
authority in that State who is commissioned under the
laws of that State.
(c) System of Documented Criminal Justice Information
Defined.--In this section the term ``system of documented
criminal justice information'' means any law enforcement
databases, systems, or communications containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, or wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.
PART A--AIR COMMERCE AND SAFETY
SUBPART II--ECONOMIC REGULATIONS
CHAPTER 417. OPERATIONS OF CARRIERS
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 41722. Delay reduction actions
(a) Scheduling Reduction Meetings.--The Secretary of
Transportation may request that air carriers meet with the
Administrator of the Federal Aviation Administration to discuss
flight reductions at severely congested airports to reduce
overscheduling and flight delays during hours of peak operation
if--
(1) the Administrator determines that it is necessary
to convene such a meeting; and
(2) the Secretary determines that the meeting is
necessary to meet a serious transportation need or
achieve an important public benefit.
(b) Meeting Conditions.--Any meeting under subsection (a)--
(1) shall be chaired by the Administrator;
(2) shall be open to all scheduled air carriers; and
(3) shall be limited to discussions involving the
airports and time periods described in the
Administrator's determination.
(c) Flight Reduction Targets.--Before any such meeting is
held, the Administrator shall establish flight reduction
targets for the meeting and notify the attending air carriers
of those targets not less than 48 hours before the meeting.
(d) Delay Reduction Offers.--An air carrier attending the
meeting shall make any offer to meet a flight reduction target
to the Administrator rather than to another carrier.
(e) Transcript.--The Administrator shall ensure that a
transcript of the meeting is kept and made available to the
public not later than 3 business days after the conclusion of
the meeting.
(f) Chronically Delayed Flights.--
(1) Publication of list of flights.--Each air carrier
holding a certificate issued under section 41102 that
conducts scheduled passenger air transportation shall,
on a monthly basis--
(A) publish and update on the Internet
website of the air carrier a list of
chronically delayed flights operated by such
air carrier; and
(B) share such list with each entity that is
authorized to book passenger air transportation
for such air carrier for inclusion on the
Internet website of such entity.
(2) Disclosure to customers when purchasing
tickets.--For each individual who books passenger air
transportation on the Internet website of an air
carrier, or the Internet website of an entity that is
authorized to book passenger air transportation for an
air carrier, for any flight for which data is reported
to the Department of Transportation under part 234 of
title 14, Code of Federal Regulations, such air carrier
or entity, as the case may be, shall prominently
disclose to such individual, before such individual
makes such booking, the following:
(A) The on-time performance for the flight if
the flight is a chronically delayed flight.
(B) The cancellation rate for the flight if
the flight is a chronically canceled flight.
(3) Definitions.--In this subsection:
(A) Chronically delayed flight.--The term
``chronically delayed flight'' means a
regularly scheduled flight that has failed to
arrive on time (as such term is defined in
section 234.2 of title 14, Code of Federal
Regulations) at least 40 percent of the time
during the most recent 3-month period for which
data is available.
(B) Chronically canceled flight.--The term
``chronically canceled flight'' means a
regularly scheduled flight at least 30 percent
of the departures of which have been canceled
during the most recent 3-month period for which
data is available.
* * * * * * *
Sec. 41724. Musical instruments
(a) In General.--
(1) Small instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a
passenger to carry a violin, guitar, or other musical
instrument in the aircraft cabin without charge if--
(A) the instrument can be stowed safely in a
suitable baggage compartment in the aircraft
cabin or under a passenger seat; and
(B) there is space for such stowage at the
time the passenger boards the aircraft.
(2) Larger instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a
passenger to carry a musical instrument that is too
large to meet the requirements of paragraph (1) in the
aircraft cabin without charge if--
(A) the instrument is contained in a case or
covered so as to avoid injury to other
passengers;
(B) the weight of the instrument, including
the case or covering, does not exceed 165
pounds;
(C) the instrument can be secured by a seat
belt to avoid shifting during flight;
(D) the instrument does not restrict access
to, or use of, any required emergency exit,
regular exit, or aisle;
(E) the instrument does not obscure any
passenger's view of any illuminated exit,
warning, or other informational sign;
(F) neither the instrument nor the case
contains any object not otherwise permitted to
be carried in an aircraft cabin because of a
law or regulation of the United States; and
(G) the passenger wishing to carry the
instrument in the aircraft cabin has purchased
an additional seat to accommodate the
instrument.
(3) Large instruments as checked baggage.--An air
carrier shall transport as baggage, without charge, a
musical instrument that is the property of a passenger
traveling in air transportation that may not be carried
in the aircraft cabin if--
(A) the sum of the length, width, and height
measured in inches of the outside linear
dimensions of the instrument (including the
case) does not exceed 150 inches; and
(B) the weight of the instrument does not
exceed 165 pounds.
(b) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to implement
subsection (a).
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
Sec. 41733. Level of basic essential air service
(a) Decisions Made Before October 1, 1988.--For each eligible
place for which a decision was made before October 1, 1988,
under section 419 of the Federal Aviation Act of 1958,
establishing the level of essential air transportation, the
level of basic essential air service for that place shall be
the level established by the Secretary of Transportation for
that place by not later than December 29, 1988.
(b) Decisions Not Made Before October 1, 1988.--(1) The
Secretary shall decide on the level of basic essential air
service for each eligible place for which a decision was not
made before October 1, 1988, establishing the level of
essential air transportation, when the Secretary receives
notice that service to that place will be provided by only one
air carrier. The Secretary shall make the decision by the last
day of the 6-month period beginning on the date the Secretary
receives the notice. The Secretary may impose notice
requirements necessary to carry out this subsection. Before
making a decision, the Secretary shall consider the views of
any interested community and the appropriate State authority of
the State in which the community is located.
(2) Until the Secretary has made a decision on a level of
basic essential air service for an eligible place under this
subsection, the Secretary, on petition by an appropriate
representative of the place, shall prohibit an air carrier from
ending, suspending, or reducing air transportation to that
place that appears to deprive the place of basic essential air
service.
(c) Availability of Compensation.--(1) If the Secretary
decides that basic essential air service will not be provided
to an eligible place without compensation, the Secretary shall
provide notice that an air carrier may apply to provide basic
essential air service to the place for compensation under this
section. In selecting an applicant, the Secretary shall
consider, among other factors--
(A) the demonstrated reliability of the applicant in
providing scheduled air service;
(B) the contractual and marketing arrangements the
applicant has made with a larger carrier to ensure
service beyond the hub airport;
(C) the interline arrangements that the applicant has
made with a larger carrier to allow passengers and
cargo of the applicant at the hub airport to be
transported by the larger carrier through one
reservation, ticket, and baggage check-in;
(D) the preferences of the actual and potential users
of air transportation at the eligible place, giving
substantial weight to the views of the elected
officials representing the users; and
(E) for an eligible place in Alaska, the experience
of the applicant in providing, in Alaska, scheduled air
service, or significant patterns of non-scheduled air
service under an exemption granted under section
40109(a) and (c)-(h) of this title.
(2) Under guidelines prescribed under section 41737(a) of
this title, the Secretary shall pay the rate of compensation
for providing basic essential air service under this section
and section 41734 of this title.
(d) Compensation Payments.--The Secretary shall pay
compensation under this section at times and in the way the
Secretary decides is appropriate. The Secretary shall end
payment of compensation to an air carrier for providing basic
essential air service to an eligible place when the Secretary
decides the compensation is no longer necessary to maintain
basic essential air service to the place.
(e) Review.--The Secretary shall review periodically the
level of basic essential air service for each eligible place.
Based on the review and consultations with an interested
community and the appropriate State authority of the State in
which the community is located, the Secretary may make
appropriate adjustments in the level of service, to the extent
such adjustments are to a level not less than the basic
essential air service level established under subsection (a)
for the airport that serves the community.
(f) Restoration of Eligibility for Subsidized Essential Air
Service.--
(1) In general.--If the Secretary of Transportation
terminates the eligibility of an otherwise eligible
place to receive basic essential air service by an air
carrier for compensation under subsection (c), a State
or local government may submit to the Secretary a
proposal for restoring such eligibility.
(2) Determination by secretary.--If the per passenger
subsidy required by the proposal submitted by a State
or local government under paragraph (1) does not exceed
the per passenger subsidy cap provided under this
subchapter, the Secretary shall issue an order
restoring the eligibility of the otherwise eligible
place to receive basic essential air service by an air
carrier for compensation under subsection (c).
* * * * * * *
Sec. 41737. Compensation guidelines, limitations, and claims
(a) Compensation Guidelines.--(1) The Secretary of
Transportation shall prescribe guidelines governing the rate of
compensation payable under this subchapter. The guidelines
shall be used to determine the reasonable amount of
compensation required to ensure the continuation of air service
or air transportation under this subchapter. The guidelines
shall--
(A) provide for a reduction in compensation when an
air carrier does not provide service or transportation
agreed to be provided;
(B) consider amounts needed by an air carrier to
promote public use of the service or transportation for
which compensation is being paid; [and]
(C) include expense elements based on representative
costs of air carriers providing scheduled air
transportation of passengers, property, and mail on
aircraft of the type the Secretary decides is
appropriate for providing the service or transportation
for which compensation is being [provided.] provided;
(D) include provisions under which the Secretary may
encourage carriers to improve air service to small and
rural communities by incorporating financial incentives
in essential air service contracts based on specified
performance goals; and
(E) include provisions under which the Secretary may
execute long-term essential air service contracts to
encourage carriers to provide air service to small and
rural communities where it would be in the public
interest to do so.
(2) Promotional amounts described in paragraph (1)(B) of this
subsection shall be a special, segregated element of the
compensation provided to a carrier under this subchapter.
(b) Required Finding.--The Secretary may pay compensation to
an air carrier for providing air service or air transportation
under this subchapter only if the Secretary finds the carrier
is able to provide the service or transportation in a reliable
way.
(c) Claims.--Not later than 15 days after receiving a written
claim from an air carrier for compensation under this
subchapter, the Secretary shall--
(1) pay or deny the United States Government's share
of a claim; and
(2) if denying the claim, notify the carrier of the
denial and the reasons for the denial.
(d) Authority To Make Agreements and Incur Obligations.--(1)
The Secretary may make agreements and incur obligations from
the Airport and Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to
pay compensation under this subchapter. An agreement by the
Secretary under this subsection is a contractual obligation of
the Government to pay the Government's share of the
compensation.
(2) Not more than $38,600,000 is available to the Secretary
out of the Fund for each of the fiscal years ending September
30, 1993-1998, to incur obligations under this section. Amounts
made available under this section remain available until
expended.
(e) Adjustments to Account for Significantly Increased
Costs.--
(1) In general.--If the Secretary determines that air
carriers are experiencing significantly increased costs
in providing air service or air transportation for
which compensation is being paid under this subchapter,
the Secretary may increase the rates of compensation
payable under this subchapter without regard to any
agreement or requirement relating to the renegotiation
of contracts or any notice requirement under section
41734.
(2) Readjustment if costs subsequently decline.--If
an adjustment is made under paragraph (1), and total
unit costs subsequently decrease to at least the total
unit cost reflected in the compensation rate, then the
Secretary may reverse the adjustment previously made
under paragraph (1) without regard to any agreement or
requirement relating to the renegotiation of contracts
or any notice requirement under section 41734.
(3) Significantly increased costs defined.--In this
subsection, the term ``significantly increased costs''
means a total unit cost increase (but not increases in
individual unit costs) of 10 percent or more in
relation to the total unit cost reflected in the
compensation rate, based on the carrier's internal
audit of its financial statements if such cost increase
is incurred for a period of at least 2 consecutive
months.
(f) Fuel Cost Subsidy Disregard.--Any amount provided as an
adjustment in compensation pursuant to subsection (a)(1)(D)
shall be disregarded for the purpose of determining whether the
amount of compensation provided under this subchapter with
respect to an eligible place exceeds the per passenger subsidy
exceeds the dollar amount allowable under this subchapter.
* * * * * * *
Sec. 41742. Essential air service authorization
(a) In General.--
(1) Authorization.--Out of the amounts received by
the Federal Aviation Administration credited to the
account established under section 45303 of this title
or otherwise provided to the Administration, the sum of
$50,000,000 is authorized and shall be made available
immediately for obligation and expenditure to carry out
the essential air service program under this subchapter
for each fiscal year. Any amount in excess of
$50,000,000 credited for any fiscal year to the account
established under section 45303(c) shall be obligated
for programs under section 406 of the Vision 100--
Century of Aviation Reauthorization Act (49 U.S.C.
40101 note) and section 41745 of this title. Amounts
appropriated pursuant to this section shall remain
available until expended.
(2) Additional funds.--In addition to amounts
authorized under paragraph (1), there is authorized to
be appropriated [$77,000,000] $125,000,000 for each
fiscal year to carry out the essential air service
program under this subchapter of which not more than
$12,000,000 per fiscal year may be used for the
marketing incentive program for communities and for
State marketing assistance.
(3) Authorization for additional employees.--In
addition to amounts authorized under paragraphs (1) and
(2), there are authorized to be appropriated such sums
as may be necessary for the Secretary of Transportation
to hire and employ 4 additional employees for the
office responsible for carrying out the essential air
service program.
(b) Funding for Small Community Air Service.--Notwithstanding
any other provision of law, moneys credited to the account
established under section 45303(a) of this title, including the
funds derived from fees imposed under the authority contained
in section 45301(a) of this title, shall be used to carry out
the essential air service program under this subchapter.
Notwithstanding section 47114(g) of this title, any amounts
from those fees that are not obligated or expended at the end
of the fiscal year for the purpose of funding the essential air
service program under this subchapter shall be made available
to the Administration for use in improving rural air safety
under subchapter I of chapter 471 of this title and shall be
used exclusively for projects at rural airports under this
subchapter.
Sec. 41743. Airports not receiving sufficient service
(a) Small Community Air Service Development Program.--The
Secretary of Transportation shall establish a program that
meets the requirements of this section for improving air
carrier service to airports not receiving sufficient air
carrier service.
(b) Application Required.--In order to participate in the
program established under subsection (a), a community or
consortium of communities shall submit an application to the
Secretary in such form, at such time, and containing such
information as the Secretary may require, including--
(1) an assessment of the need of the community or
consortium for access, or improved access, to the
national air transportation system; and
(2) an analysis of the application of the criteria in
subsection (c) to that community or consortium.
(c) Criteria for Participation.--In selecting communities, or
consortia of communities, for participation in the program
established under subsection (a), the Secretary shall apply the
following criteria:
(1) Size.--For calendar year 1997, the airport
serving the community or consortium was not larger than
a small hub airport, and--
(A) had insufficient air carrier service; or
(B) had unreasonably high air fares.
(2) Characteristics.--The airport presents
characteristics, such as geographic diversity or unique
circumstances, that will demonstrate the need for, and
feasibility of, the program established under
subsection (a).
(3) State limit.--Not more than 4 communities or
consortia of communities, or a combination thereof,
from the same State may be selected to participate in
the program in any fiscal year.
(4) Overall limit.--No more than 40 communities or
consortia of communities, or a combination thereof, may
be selected to participate in the program in each year
for which funds are appropriated for the program. No
community, consortia of communities, nor combination
thereof may participate in the program in support of
the same project more than once, but any community,
consortia of communities, or combination thereof may
apply, subsequent to such participation, to participate
in the program in support of a different project.
(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
(A) air fares are higher than the average air
fares for all communities;
(B) the community or consortium will provide
a portion of the cost of the activity to be
assisted under the program from local sources
other than airport revenues;
(C) the community or consortium has
established, or will establish, a public-
private partnership to facilitate air carrier
service to the public;
(D) the assistance will provide material
benefits to a broad segment of the travelling
public, including business, educational
institutions, and other enterprises, whose
access to the national air transportation
system is limited; [and]
(E) the assistance will be used in a timely
[fashion.] fashion; and
(F) multiple communities cooperate to submit
a region or multistate application to improve
air service.
(d) Types of Assistance.--The Secretary may use amounts made
available under this section--
(1) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
(2) to provide assistance to an underserved airport
to obtain service to and from the underserved airport;
and
(3) to provide assistance to an underserved airport
to implement such other measures as the Secretary, in
consultation with such airport, considers appropriate
to improve air service both in terms of the cost of
such service to consumers and the availability of such
service, including improving air service through
marketing and promotion of air service and enhanced
utilization of airport facilities.
(e) Authority To Make Agreements.--
(1) In general.--The Secretary may make agreements to
provide assistance under this section.
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$20,000,000 for fiscal year 2001, $27,500,000 for each
of fiscal years 2002 and 2003, and $35,000,000 for each
of fiscal years 2004 through [2009] 2011 to carry out
this section. Such sums shall remain available until
expended.
(f) Additional Action.--Under the program established under
subsection (a), the Secretary shall work with air carriers
providing service to participating communities and major air
carriers (as defined in section 41716(a)(2)) serving large hub
airports to facilitate joint-fare arrangements consistent with
normal industry practice.
(g) Designation of Responsible Official.--The Secretary shall
designate an employee of the Department of Transportation--
(1) to function as a facilitator between small
communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation
Statistics collects data on passenger information to
assess the service needs of small communities;
(4) to work with and coordinate efforts with other
Federal, State, and local agencies to increase the
viability of service to small communities and the
creation of aviation development zones; and
(5) to provide policy recommendations to the
Secretary and Congress that will ensure that small
communities have access to quality, affordable air
transportation services.
(h) Air Service Development Zone.--The Secretary shall
designate an airport in the program as an Air Service
Development Zone and work with the community or consortium on
means to attract business to the area surrounding the airport,
to develop land use options for the area, and provide data,
working with the Department of Commerce and other agencies.
* * * * * * *
Sec. 41745. Community and regional choice programs
(a) Alternate Essential Air Service Pilot Program.--
(1) Establishment.--The Secretary of Transportation
shall establish an alternate essential air service
pilot program in accordance with the requirements of
this section.
(2) Assistance to eligible places.--In carrying out
the program, the Secretary, instead of paying
compensation to an air carrier to provide essential air
service to an eligible place, may provide assistance
directly to a unit of local government having
jurisdiction over the eligible place or a State within
the boundaries of which the eligible place is located.
(3) Use of assistance.--A unit of local government or
State receiving assistance for an eligible place under
the program may use the assistance for any of the
following purposes:
(A) To provide assistance to air carriers
that will use smaller equipment to provide the
service and to consider increasing the
frequency of service using such smaller
equipment if the Secretary determines that
passenger safety would not be compromised by
the use of such smaller equipment and if the
State or unit of local government waives the
minimum service requirements under section
41732(b).
(B) To provide assistance to an air carrier
to provide on-demand air taxi service to and
from the eligible place.
(C) To provide assistance to a person to
provide scheduled or on-demand surface
transportation to and from the eligible place
and an airport in another place.
(D) In combination with other units of local
government in the same region, to provide
transportation services to and from all the
eligible places in that region at an airport or
other transportation center that can serve all
the eligible places in that region.
(E) To purchase aircraft to provide
transportation to and from the eligible place
or to purchase a fractional share in an
aircraft to provide such transportation after
the effective date of a rule the Secretary
issues relating to fractional ownership.
(F) To pay for other transportation or
related services that the Secretary may permit.
(b) Community Flexibility Pilot Program.--
(1) In general.--The Secretary shall establish a
pilot program for not more than 10 eligible places or
consortia of units of local government.
(2) Election.--Under the program, the sponsor of an
airport serving an eligible place may elect to forego
any essential air service for which compensation is
being provided under this subchapter for a 10-year
period in exchange for a grant from the Secretary equal
in value to twice the compensation paid to provide such
service in the most recent 12-month period.
(3) Grant.--Notwithstanding any other provision of
law, the Secretary shall make a grant to each airport
sponsor participating in the program for use on any
project that--
(A) is eligible for assistance under chapter
471 and complies with the requirements of that
chapter;
(B) is located on the airport property; or
(C) will improve airport facilities in a way
that would make such facilities more usable for
general aviation.
(c) Conversion of Lost Eligibility Airports.--
(1) In general.--The Secretary shall establish a
program to provide general aviation conversion funding
for airports serving eligible places that the Secretary
has determined no longer qualify for a subsidy.
(2) Grants.--A grant under this subsection--
(A) may not exceed twice the compensation
paid to provide essential air service to the
airport in the fiscal year preceding the fiscal
year in which the Secretary determines that the
place served by the airport is no longer an
eligible place; and
(B) may be used--
(i) for airport development (as
defined in section 47102(3)) that will
enhance general aviation capacity at
the airport;
(ii) to defray operating expenses, if
such use is approved by the Secretary;
or
(iii) to develop innovative air
service options, such as on-demand or
air taxi operations, if such use is
approved by the Secretary.
(3) AIP requirements.--An airport sponsor that uses
funds provided under this subsection for an airport
development project shall comply with the requirements
of subchapter I of chapter 471 applicable to airport
development projects funded under that subchapter with
respect to the project funded under this subsection.
(4) Limitation.--The sponsor of an airport receiving
funding under this subsection is not eligible for
funding under section 41736.
[(c)] (d) Fractionally Owned Aircraft.--After the effective
date of the rule referred to in subsection (a)(3)(E), only
those operating rules that relate to an aircraft that is
fractionally owned apply when an aircraft described in
subsection (a)(3)(E) is used to provide transportation
described in subsection (a)(3)(E).
[(d)] (e) Applications.--
(1) In general.--An entity seeking to participate in
a program under this section shall submit to the
Secretary an application in such form and containing
such information as the Secretary may require.
(2) Required information.--At a minimum, the
application shall include--
(A) a statement of the amount of compensation
or assistance required; and
(B) a description of how the compensation or
assistance will be used.
[(e)] (f) Participation Requirements.--[An eligible place]
Neither an eligible place, nor a place to which subsection (c)
applies for which compensation or assistance is provided under
this section in a fiscal year shall [not] be eligible in that
fiscal year for the essential air service that it would
otherwise be entitled to under this subchapter.
[(f)] (g) Subsequent Participation.--A unit of local
government participating in the program under this subsection
(a) in a fiscal year shall not be prohibited from participating
in the basic essential air service program under this
subchapter in a subsequent fiscal year if such unit is
otherwise eligible to participate in such program.
[(g)] (h) Funding.--Amounts appropriated or otherwise made
available to carry out the essential air service program under
this subchapter shall be available to carry out this section.
* * * * * * *
41749. Essential air service for eligible places above per passenger
subsidy cap
(a) Proposals.--A State or local government may submit a
proposal to the Secretary of Transportation for compensation
for an air carrier to provide air transportation to a place
described in subsection (b).
(b) Place Described.--A place described in this subsection is
a place--
(1) that is otherwise an eligible place; and
(2) for which the per passenger subsidy exceeds the
dollar amount allowable under this subchapter.
(c) Decisions.--Not later than 90 days after receiving a
proposal under subsection (a) for compensation for an air
carrier to provide air transportation to a place described in
subsection (b), the Secretary shall--
(1) decide whether to provide compensation for the
air carrier to provide air transportation to the place;
and
(2) approve the proposal if the State or local
government or a person is willing and able to pay the
difference between--
(A) the per passenger subsidy; and
(B) the dollar amount allowable for such
subsidy under this subchapter.
(d) Compensation Payments.--
(1) In general.--The Secretary shall pay compensation
under this section at such time and in such manner as
the Secretary determines is appropriate.
(2) Duration of payments.--The Secretary shall
continue to pay compensation under this section only as
long as--
(A) the State or local government or person
agreeing to pay compensation under subsection
(c)(2) continues to pay such compensation; and
(B) the Secretary decides the compensation is
necessary to maintain air transportation to the
place.
(e) Review.--
(1) In general.--The Secretary shall periodically
review the type and level of air service provided under
this section.
(2) Consultation.--The Secretary may make appropriate
adjustments in the type and level of air service to a
place under this section based on the review under
paragraph (1) and consultation with the affected
community and the State or local government or person
agreeing to pay compensation under subsection (c)(2).
(f) Ending, Suspending, and Reducing Air Transportation.--An
air carrier providing air transportation to a place under this
section may end, suspend, or reduce such air transportation if,
not later than 30 days before ending, suspending, or reducing
such air transportation, the air carrier provides notice of the
intent of the air carrier to end, suspend, or reduce such air
transportation to--
(1) the Secretary;
(2) the affected community; and
(3) the State or local government or person agreeing
to pay compensation under subsection (c)(2).
41750. Preferred essential air service
(a) Proposals.--A State or local government may submit a
proposal to the Secretary of Transportation for compensation
for a preferred air carrier described in subsection (b) to
provide air transportation to an eligible place.
(b) Preferred Air Carrier Described.--A preferred air carrier
described in this subsection is an air carrier that--
(1) submits an application under section 41733(c) to
provide air transportation to an eligible place;
(2) is not the air carrier that submits the lowest
cost bid to provide air transportation to the eligible
place; and
(3) is an air carrier that the affected community
prefers to provide air transportation to the eligible
place instead of the air carrier that submits the
lowest cost bid.
(c) Decisions.--Not later than 90 days after receiving a
proposal under subsection (a) for compensation for a preferred
air carrier described in subsection (b) to provide air
transportation to an eligible place, the Secretary shall--
(1) decide whether to provide compensation for the
preferred air carrier to provide air transportation to
the eligible place; and
(2) approve the proposal if the State or local
government or a person is willing and able to pay the
difference between--
(A) the rate of compensation the Secretary
would provide to the air carrier that submits
the lowest cost bid to provide air
transportation to the eligible place; and
(B) the rate of compensation the preferred
air carrier estimates to be necessary to
provide air transportation to the eligible
place.
(d) Compensation Payments.--
(1) In general.--The Secretary shall pay compensation
under this section at such time and in such manner as
the Secretary determines is appropriate.
(2) Duration of payments.--The Secretary shall
continue to pay compensation under this section only as
long as--
(A) the State or local government or person
agreeing to pay compensation under subsection
(c)(2) continues to pay such compensation; and
(B) the Secretary decides the compensation is
necessary to maintain air transportation to the
eligible place.
(e) Review.--
(1) In general.--The Secretary shall periodically
review the type and level of air service provided under
this section.
(2) Consultation.--The Secretary may make appropriate
adjustments in the type and level of air service to an
eligible place under this section based on the review
under paragraph (1) and consultation with the affected
community and the State or local government or person
agreeing to pay compensation under subsection (c)(2).
(f) Ending, Suspending, and Reducing Air Transportation.--A
preferred air carrier providing air transportation to an
eligible place under this section may end, suspend, or reduce
such air transportation if, not later than 30 days before
ending, suspending, or reducing such air transportation, the
preferred air carrier provides notice of the intent of the
preferred air carrier to end, suspend, or reduce such air
transportation to--
(1) the Secretary;
(2) the affected community; and
(3) the State or local government or person agreeing
to pay compensation under subsection (c)(2).
* * * * * * *
SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
Sec. 41781. Air carrier and airport contingency plans for long on-board
tarmac delays
(a) Definition of Tarmac Delay.--The term ``tarmac delay''
means the holding of an aircraft on the ground before taking
off or after landing with no opportunity for its passengers to
deplane.
(b) Submission of Air Carrier and Airport Plans.--Not later
than 60 days after the date of the enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, each
air carrier and airport operator shall submit, in accordance
with the requirements under this section, a proposed
contingency plan to the Secretary of Transportation for review
and approval.
(c) Minimum Standards.--The Secretary of Transportation shall
establish minimum standards for elements in contingency plans
required to be submitted under this section to ensure that such
plans effectively address long on-board tarmac delays and
provide for the health and safety of passengers and crew.
(d) Air Carrier Plans.--The plan shall require each air
carrier to implement at a minimum the following:
(1) Provision of essential services.--Each air
carrier shall provide for the essential needs of
passengers on board an aircraft at an airport in any
case in which the departure of a flight is delayed or
disembarkation of passengers on an arriving flight that
has landed is substantially delayed, including--
(A) adequate food and potable water;
(B) adequate restroom facilities;
(C) cabin ventilation and comfortable cabin
temperatures; and
(D) access to necessary medical treatment.
(2) Right to deplane.--
(A) In general.--Each air carrier shall
submit a proposed contingency plan to the
Secretary of Transportation that identifies a
clear time frame under which passengers would
be permitted to deplane a delayed aircraft.
After the Secretary has reviewed and approved
the proposed plan, the air carrier shall make
the plan available to the public.
(B) Delays.--
(i) In general.--As part of the plan,
except as provided under clause (iii),
an air carrier shall provide passengers
with the option of deplaning and
returning to the terminal at which such
deplaning could be safely completed, or
deplaning at the terminal if--
(I) 3 hours have elapsed
after passengers have boarded
the aircraft, the aircraft
doors are closed, and the
aircraft has not departed; or
(II) 3 hours have elapsed
after the aircraft has landed
and the passengers on the
aircraft have been unable to
deplane.
(ii) Frequency.--The option described
in clause (i) shall be offered to
passengers at a minimum not less often
than once during each successive 3-hour
period that the plane remains on the
ground.
(iii) Exceptions.--This subparagraph
shall not apply if--
(I) the pilot of such
aircraft reasonably determines
that the aircraft will depart
or be unloaded at the terminal
not later than 30 minutes after
the 3 hour delay; or
(II) the pilot of such
aircraft reasonably determines
that permitting a passenger to
deplane would jeopardize
passenger safety or security.
(C) Application to diverted flights.--This
section applies to aircraft without regard to
whether they have been diverted to an airport
other than the original destination.
(D) Reports.--Not later than 30 days after
any flight experiences a tarmac delay lasting
at least 3 hours, the air carrier responsible
for such flight shall submit a written
description of the incident and its resolution
to the Aviation Consumer Protection Office of
the Department of Transportation.
(e) Airport Plans.--Each airport operator shall submit a
proposed contingency plan under subsection (b) that contains a
description of--
(1) how the airport operator will provide for the
deplanement of passengers following a long tarmac
delay; and
(2) how, to the maximum extent practicable, the
airport operator will provide for the sharing of
facilities and make gates available at the airport for
use by aircraft experiencing such delays.
(f) Updates.--The Secretary shall require periodic reviews
and updates of the plans as necessary.
(g) Approval.--
(1) In general.--Not later than 6 months after the
date of the enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Secretary
of Transportation shall--
(A) review the initial contingency plans
submitted under subsection (b); and
(B) approve plans that closely adhere to the
standards described in subsections (d) or (e),
whichever is applicable.
(2) Updates.--Not later than 60 days after the
submission of an update under subsection (f) or an
initial contingency plan by a new air carrier or
airport, the Secretary shall--
(A) review the plan; and
(B) approve the plan if it closely adheres to
the standards described in subsections (d) or
(e), whichever is applicable.
(h) Civil Penalties.--The Secretary may assess a civil
penalty under section 46301 against any air carrier or airport
operator that does not submit, obtain approval of, or adhere to
a contingency plan submitted under this section.
(i) Public Access.--Each air carrier and airport operator
required to submit a contingency plan under this section shall
ensure public access to an approved plan under this section
by--
(1) including the plan on the Internet Web site of
the carrier or airport; or
(2) disseminating the plan by other means, as
determined by the Secretary.
Sec. 41782. Air passenger complaints hotline and information
(a) Air Passenger Complaints Hotline Telephone Number.--The
Secretary of Transportation shall establish a consumer
complaints hotline telephone number for the use of air
passengers.
(b) Public Notice.--The Secretary shall notify the public of
the telephone number established under subsection (a).
(c) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section, which sums shall remain available until expended.
CHAPTER 443. INSURANCE
Sec. 44302. General authority
(a) Insurance and Reinsurance.--(1) Subject to subsection (c)
of this section and section 44305(a) of this title, the
Secretary of Transportation may provide insurance and
reinsurance against loss or damage arising out of any risk from
the operation of an American aircraft or foreign-flag aircraft.
(2) An aircraft may be insured or reinsured for not more than
its reasonable value as determined by the Secretary in
accordance with reasonable business practices in the commercial
aviation insurance industry. Insurance or reinsurance may be
provided only when the Secretary decides that the insurance
cannot be obtained on reasonable terms from an insurance
carrier.
(b) Reimbursement of Insurance Cost Increases.--
(1) In general.--The Secretary may reimburse an air
carrier for the increase in the cost of insurance, with
respect to a premium for coverage ending before October
1, 2002, against loss or damage arising out of any risk
from the operation of an American aircraft over the
insurance premium that was in effect for a comparable
operation during the period beginning September 4,
2001, and ending September 10, 2001, as the Secretary
may determine. Such reimbursement is subject to
subsections (a)(2), (c), and (d) of this section and to
section 44303.
(2) Payment from revolving fund.--A reimbursement
under this subsection shall be paid from the revolving
fund established by section 44307.
(3) Further conditions.--The Secretary may impose
such further conditions on insurance for which the
increase in premium is subject to reimbursement under
this subsection as the Secretary may deem appropriate
in the interest of air commerce.
(4) Termination of authority.--The authority to
reimburse air carriers under this subsection shall
expire 180 days after the date of enactment of this
paragraph.
(c) Presidential Approval.--The Secretary may provide
insurance or reinsurance under subsection (a) of this section,
or reimburse an air carrier under subsection (b) of this
section, only with the approval of the President. The President
may approve the insurance or reinsurance or the reimbursement
only after deciding that the continued operation of the
American aircraft or foreign-flag aircraft to be insured or
reinsured is necessary in the interest of air commerce or
national security or to carry out the foreign policy of the
United States Government.
(d) Consultation.--The President may require the Secretary to
consult with interested departments, agencies, and
instrumentalities of the Government before providing insurance
or reinsurance or reimbursing an air carrier under this
chapter.
(e) Additional Insurance.--With the approval of the
Secretary, a person having an insurable interest in an aircraft
may insure with other underwriters in an amount that is more
than the amount insured with the Secretary. However, the
Secretary may not benefit from the additional insurance. This
subsection does not prevent the Secretary from making contracts
of coinsurance.
(f) Extension of Policies.--
(1) In general.--The Secretary shall extend through
[September 30, 2009,] September 30, 2011, and may
extend through [December 31, 2009,] December 31, 2011,
the termination date of any insurance policy that the
Department of Transportation issued to an air carrier
under subsection (a) and that is in effect on the date
of enactment of this subsection on no less favorable
terms to the air carrier than existed on June 19, 2002;
except that the Secretary shall amend the insurance
policy, subject to such terms and conditions as the
Secretary may prescribe, to add coverage for losses or
injuries to aircraft hulls, passengers, and crew at the
limits carried by air carriers for such losses and
injuries as of such date of enactment and at an
additional premium comparable to the premium charged
for third-party casualty coverage under such policy.
(2) Special rules.--Notwithstanding paragraph (1)--
(A) in no event shall the total premium paid
by the air carrier for the policy, as amended,
be more than twice the premium that the air
carrier was paying to the Department of
Transportation for its third party policy as of
June 19, 2002; and
(B) the coverage in such policy shall begin
with the first dollar of any covered loss that
is incurred.
(g) Aircraft Manufacturers.--
(1) In general.--The Secretary may provide to an
aircraft manufacturer insurance for loss or damage
resulting from operation of an aircraft by an air
carrier and involving war or terrorism.
(2) Amount.--Insurance provided by the Secretary
under this subsection shall be for loss or damage in
excess of the greater of the amount of available
primary insurance or $50,000,000.
(3) Terms and conditions.--Insurance provided by the
Secretary under this subsection shall be subject to the
terms and conditions set forth in this chapter and such
other terms and conditions as the Secretary may
prescribe.
Sec. 44303. Coverage
(a) In General.--The Secretary of Transportation may provide
insurance and reinsurance, or reimburse insurance costs, as
authorized under section 44302 of this title for the following:
(1) an American aircraft or foreign-flag aircraft
engaged in aircraft operations the President decides
are necessary in the interest of air commerce or
national security or to carry out the foreign policy of
the United States Government.
(2) property transported or to be transported on
aircraft referred to in clause (1) of this section,
including--
(A) shipments by express or registered mail;
(B) property owned by citizens or residents
of the United States;
(C) property--
(i) imported to, or exported from,
the United States; and
(ii) bought or sold by a citizen or
resident of the United States under a
contract putting the risk of loss or
obligation to provide insurance against
risk of loss on the citizen or
resident; and
(D) property transported between--
(i) a place in a State or the
District of Columbia and a place in a
territory or possession of the United
States;
(ii) a place in a territory or
possession of the United States and a
place in another territory or
possession of the United States; or
(iii) 2 places in the same territory
or possession of the United States.
(3) the personal effects and baggage of officers and
members of the crew of an aircraft referred to in
clause (1) of this section and of other individuals
employed or transported on that aircraft.
(4) officers and members of the crew of an aircraft
referred to in clause (1) of this section and other
individuals employed or transported on that aircraft
against loss of life, injury, or detention.
(5) statutory or contractual obligations or other
liabilities, customarily covered by insurance, of an
aircraft referred to in clause (1) of this section or
of the owner or operator of that aircraft.
(6) loss or damage of an aircraft manufacturer
resulting from operation of an aircraft by an air
carrier and involving war or terrorism.
(b) Air Carrier Liability for Third Party Claims Arising Out
of Acts of Terrorism.--For acts of terrorism committed on or to
an air carrier during the period beginning on September 22,
2001, and ending on [December 31, 2009,] December 31, 2012, the
Secretary may certify that the air carrier was a victim of an
act of terrorism and in the Secretary's judgment, based on the
Secretary's analysis and conclusions regarding the facts and
circumstances of each case, shall not be responsible for losses
suffered by third parties (as referred to in section
205.5(b)(1) of title 14, Code of Federal Regulations) that
exceed $100,000,000, in the aggregate, for all claims by such
parties arising out of such act. If the Secretary so certifies,
the air carrier shall not be liable for an amount that exceeds
$100,000,000, in the aggregate, for all claims by such parties
arising out of such act, and the Government shall be
responsible for any liability above such amount. No punitive
damages may be awarded against an air carrier (or the
Government taking responsibility for an air carrier under this
subsection) under a cause of action arising out of such act.
The Secretary may extend the provisions of this subsection to
an aircraft manufacturer (as defined in section 44301) of the
aircraft of the air carrier involved.
* * * * * * *
44310. Ending effective date
The authority of the Secretary of Transportation to provide
insurance and reinsurance under this chapter is not effective
after [December 31, 2013.] October 1, 2017.
CHAPTER 445. FACILITIES, PERSONNEL, AND RESEARCH
Sec. 44501. Plans and policy
(a) Long Range Plans and Policy Requirements.--The
Administrator of the Federal Aviation Administration shall make
long range plans and policy for the orderly development and use
of the navigable airspace, and the orderly development and
location of air navigation facilities, that will best meet the
needs of, and serve the interests of, civil aeronautics and the
national defense, except for needs of the armed forces that are
peculiar to air warfare and primarily of military concern.
(b) Airway Capital Investment Plan.--The Administrator of the
Federal Aviation Administration shall review, revise, and
publish a national airways system plan, known as the Airway
Capital Investment Plan, before the beginning of each fiscal
year. The plan shall set forth--
(1) for a 10-year period, the research, engineering,
and development programs and the facilities and
equipment that the Administrator considers necessary
for a system of airways, air traffic services, and
navigation aids that will--
(A) meet the forecasted needs of civil
aeronautics;
(B) meet the requirements that the Secretary
of Defense establishes for the support of the
national defense; and
(C) provide the highest degree of safety in
air commerce;
(2) for the first and 2d years of the plan, detailed
annual estimates of--
(A) the number, type, location, and cost of
acquiring, operating, and maintaining required
facilities and services;
(B) the cost of research, engineering, and
development required to improve safety, system
capacity, and efficiency; and
(C) personnel levels required for the
activities described in subclauses (A) and (B)
of this clause;
(3) for the 3d, 4th, and 5th years of the plan,
estimates of the total cost of each major program for
the 3-year period, and additional major research
programs, acquisition of systems and facilities, and
changes in personnel levels that may be required to
meet long range objectives and that may have
significant impact on future funding requirements;
[and]
(4) a 10-year investment plan that considers long
range objectives that the Administrator considers
necessary to--
(A) ensure that safety is given the highest
priority in providing for a safe and efficient
airway system; and
(B) meet the current and projected growth of
aviation and the requirements of interstate
commerce, the United States Postal Service, and
the national [defense.] defense; and
(5) a list of projects that are part of the Next
Generation Air Transportation System and do not have as
a primary purpose to operate or maintain the current
air traffic control system.
(c) National Aviation Research Plan.--(1) The Administrator
of the Federal Aviation Administration shall prepare and
publish annually a national aviation research plan and submit
the plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives. The plan shall be submitted not
later than the date of submission of the President's budget to
Congress.
(2)(A) The plan shall describe, for a 5-year period, the
research, engineering, and development that the Administrator
of the Federal Aviation Administration considers necessary--
(i) to ensure the continued capacity, safety, and
efficiency of aviation in the United States,
considering emerging technologies and forecasted needs
of civil aeronautics; and
(ii) to provide the highest degree of safety in air
travel.
(B) The plan shall--
(i) provide estimates by year of the schedule, cost,
and work force levels for each active and planned major
research and development project under sections 40119,
44504, 44505, 44507, 44509, 44511-44513, and 44912 of
this title, including activities carried out under
cooperative agreements with other Federal departments
and agencies;
(ii) specify the goals and the priorities for
allocation of resources among the major categories of
research and development activities, including the
rationale for the priorities identified;
(iii) identify the allocation of resources among
long-term research, near-term research, and development
activities;
(iv) identify the individual research and development
projects in each funding category that are described in
the annual budget request;
(v) highlight the research and development activities
that address specific recommendations of the research
advisory committee established under section 44508 of
this title, and document the recommendations of the
committee that are not accepted, specifying the reasons
for nonacceptance; and
(vi) highlight the research and development
technology transfer activities that promote technology
sharing among government, industry, and academia
through the Stevenson-Wydler Technology Innovation Act
of 1980.
(3) Subject to section 40119(b) of this title and regulations
prescribed under section 40119(b), the Administrator of the
Federal Aviation Administration shall submit to the committees
named in paragraph (1) of this subsection an annual report on
the accomplishments of the research completed during the prior
fiscal year, including a description of the dissemination to
the private sector of research results and a description of any
new technologies developed. The report shall be submitted with
the plan required under paragraph (1) and be organized to allow
comparison with the plan in effect for the prior fiscal year.
The report shall be prepared in accordance with requirements of
section 1116 of title 31.
* * * * * * *
Sec. 44504. Improved aircraft, aircraft engines, propellers, and
appliances
(a) Developmental Work and Service Testing.--The
Administrator of the Federal Aviation Administration may
conduct or supervise developmental work and service testing to
improve unmanned and manned aircraft, aircraft engines,
propellers, and appliances.
(b) Research.--The Administrator shall conduct or supervise
research--
(1) to develop technologies and analyze information
to predict the effects of aircraft design, maintenance,
testing, wear, and fatigue on the life of aircraft,
including nonstructural aircraft systems, and air
safety;
(2) to develop methods of analyzing and improving
aircraft maintenance technology and practices,
including nondestructive evaluation of aircraft
structures;
(3) to assess the fire and smoke resistance of
aircraft material;
(4) to develop improved fire and smoke resistant
material for aircraft interiors;
(5) to develop and improve fire and smoke containment
systems for inflight aircraft fires;
(6) to develop advanced aircraft fuels with low
flammability and technologies that will contain
aircraft fuels to minimize post-crash fire hazards;
[and]
(7) to develop technologies and methods to assess the
risk of and prevent defects, failures, and malfunctions
of products, parts, processes, and articles
manufactured for use in aircraft, aircraft engines,
propellers, and appliances that could result in a
catastrophic failure of an [aircraft.] aircraft;
(8) to conduct research to support programs designed
to reduce gases and particulates [emitted.) emitted;
and
(9) in conjunction with other Federal agencies as
appropriate, to develop technologies and methods to
assess the risk of and prevent defects, failures, and
malfunctions of products, parts, and processes, for use
in all classes of unmanned aircraft systems that could
result in a catastrophic failure.
(c) Authority To Buy Items Offering Special Advantages.--In
carrying out this section, the Administrator, by negotiation or
otherwise, may buy or exchange experimental aircraft, aircraft
engines, propellers, and appliances that the Administrator
decides may offer special advantages to aeronautics.
Sec. 44505. Systems, procedures, facilities, and devices
(a) General Requirements.--(1) The Administrator of the
Federal Aviation Administration shall--
(A) develop, alter, test, and evaluate systems,
procedures, facilities, and devices, and define their
performance characteristics, to meet the needs for safe
and efficient navigation and traffic control of civil
and military aviation, except for needs of the armed
forces that are peculiar to air warfare and primarily
of military concern; and
(B) select systems, procedures, facilities, and
devices that will best serve those needs and promote
maximum coordination of air traffic control and air
defense systems.
(2) The Administrator may make contracts to carry out this
subsection without regard to section 3324(a) and (b) of title
31.
(3) When a substantial question exists under paragraph (1) of
this subsection about whether a matter is of primary concern to
the armed forces, the Administrator shall decide whether the
Administrator or the Secretary of the appropriate military
department has responsibility. The Administrator shall be given
technical information related to each research and development
project of the armed forces that potentially applies to, or
potentially conflicts with, the common system to ensure that
potential application to the common system is considered
properly and that potential conflicts with the system are
eliminated.
(b) Research on Human Factors and Simulation Models.--The
Administrator shall conduct or supervise research--
(1) to develop a better understanding of the
relationship between human factors and aviation
accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and
flight crew performance;
(3) to develop a human-factor analysis of the hazards
associated with new technologies to be used by air
traffic controllers, mechanics, and flight crews;
(4) to identify innovative and effective corrective
measures for human errors that adversely affect air
safety; [and]
(5) to develop dynamic simulation models of the air
traffic control system and airport design and operating
procedures that will provide analytical technology--
(A) to predict airport and air traffic
control safety and capacity problems;
(B) to evaluate planned research projects;
and
(C) to test proposed revisions in airport and
air traffic control operations [programs.]
programs; and
(6) to develop a better understanding of the
relationship between human factors and unmanned
aircraft systems air safety; and
(7) to develop dynamic simulation models of
integrating all classes of unmanned aircraft systems
into the National Airspace System.
(c) Research on Developing and Maintaining a Safe and
Efficient System.--The Administrator shall conduct or supervise
research on--
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation
environment;
(4) aviation safety and security;
(5) the supply of trained air transportation
personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and
maintaining a safe and efficient air transportation
system.
(d) Cooperative Agreements.--The Administrator may enter into
cooperative agreements on a cost-shared basis with Federal and
non-Federal entities that the Administrator may select in order
to conduct, encourage, and promote aviation research,
engineering, and development, including the development of
prototypes and demonstration models.
* * * * * * *
Sec. 44511. Aviation research grants
(a) General Authority.--The Administrator of the Federal
Aviation Administration may make grants to institutions of
higher education and nonprofit research organizations to
conduct aviation research in areas the Administrator considers
necessary for the long-term growth of civil aviation.
(b) Applications.--An institution of higher education or
nonprofit research organization interested in receiving a grant
under this section may submit an application to the
Administrator. The application must be in the form and contain
the information the Administrator requires.
(c) Solicitation, Review, and Evaluation Process.--The
Administrator shall establish a solicitation, review, and
evaluation process that ensures--
(1) providing grants under this section for proposals
having adequate merit and relevancy to the mission of
the Administration;
(2) a fair geographical distribution of grants under
this section; and
(3) the inclusion of historically black institutions
of higher education and other minority nonprofit
research organizations for grant consideration under
this section.
(d) Records.--Each person receiving a grant under this
section shall maintain records that the Administrator requires
as being necessary to facilitate an effective audit and
evaluation of the use of money provided under the grant.
(e) Annual Report.--The Administrator shall submit an annual
report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on carrying out this section.
(f) Airport Cooperative Research Program.--
(1) Establishment.--The Secretary of Transportation
shall [establish a 4-year pilot] maintain an airport
cooperative research program to--
(A) identify problems that are shared by
airport operating agencies and can be solved
through applied research but that are not being
adequately addressed by existing Federal
research programs; and
(B) fund research to address those problems.
(2) Governance.--The Secretary of Transportation
shall appoint an independent governing board for the
research program established under this subsection. The
governing board shall be appointed from candidates
nominated by national associations representing public
airport operating agencies, airport executives, State
aviation officials, and the scheduled airlines, and
shall include representatives of appropriate Federal
agencies. Section 14 of the Federal Advisory Committee
Act shall not apply to the governing board.
(3) Implementation.--The Secretary of Transportation
shall enter into an arrangement with the National
Academy of Sciences to provide staff support to the
governing board established under paragraph (2) and to
carry out projects proposed by the governing board that
the Secretary considers appropriate.
(4) Report.--Not later than 6 months after the
expiration of the pilot program under this subsection,
the Secretary shall transmit to the Congress a report
on the [program, including recommendations as to the
need for establishing a permanent airport cooperative
research program.] program.
CHAPTER 447. SAFETY REGULATION
Sec. 44703. Airman certificates
(a) General.--The Administrator of the Federal Aviation
Administration shall issue an airman certificate to an
individual when the Administrator finds, after investigation,
that the individual is qualified for, and physically able to
perform the duties related to, the position to be authorized by
the certificate.
(b) Contents.--(1) An airman certificate shall--
(A) be numbered and recorded by the Administrator of
the Federal Aviation Administration;
(B) contain the name, address, and description of the
individual to whom the certificate is issued;
(C) contain terms the Administrator decides are
necessary to ensure safety in air commerce, including
terms on the duration of the certificate, periodic or
special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the
certificate may serve as an airman with respect to an
aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air
transportation shall have the designation ``airline transport
pilot'' of the appropriate class.
(c) Public Information.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, the
information contained in the records of contents of any
airman certificate issued under this section that is
limited to an airman's name, address, and ratings held
shall be made available to the public after the 120th
day following the date of the enactment of the Wendell
H. Ford Aviation Investment and Reform Act for the 21st
Century.
(2) Opportunity to withhold information.--Before
making any information concerning an airman available
to the public under paragraph (1), the airman shall be
given an opportunity to elect that the information not
be made available to the public.
(3) Development and implementation of program.--Not
later than 60 days after the date of the enactment of
the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century, the Administrator shall develop
and implement, in cooperation with representatives of
the aviation industry, a one-time written notification
to airmen to set forth the implications of making
information concerning an airman available to the
public under paragraph (1) and to carry out paragraph
(2). The Administrator shall also provide such written
notification to each individual who becomes an airman
after such date of enactment.
(d) Appeals.--(1) An individual whose application for the
issuance or renewal of an airman certificate has been denied
may appeal the denial to the National Transportation Safety
Board, except if the individual holds a certificate that--
(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the
denial.
(2) The Board shall conduct a hearing on the appeal at a
place convenient to the place of residence or employment of the
applicant. The Board is not bound by findings of fact of the
Administrator of the Federal Aviation Administration but is
bound by all validly adopted interpretations of laws and
regulations the Administrator carries out unless the Board
finds an interpretation is arbitrary, capricious, or otherwise
not according to law. At the end of the hearing, the Board
shall decide whether the individual meets the applicable
regulations and standards. The Administrator is bound by that
decision.
(3) Judicial review.--A person substantially affected by an
order of the Board under this subsection, or the Administrator
when the Administrator decides that an order of the Board will
have a significant adverse impact on carrying out this part,
may obtain judicial review of the order under section 46110 of
this title. The Administrator shall be made a party to the
judicial review proceedings. The findings of fact of the Board
in any such case are conclusive if supported by substantial
evidence.
(e) Restrictions and Prohibitions.--The Administrator of the
Federal Aviation Administration may--
(1) restrict or prohibit issuing an airman
certificate to an alien; or
(2) make issuing the certificate to an alien
dependent on a reciprocal agreement with the government
of a foreign country.
(f) Controlled Substance Violations.--The Administrator of
the Federal Aviation Administration may not issue an airman
certificate to an individual whose certificate is revoked under
section 44710 of this title except--
(1) when the Administrator decides that issuing the
certificate will facilitate law enforcement efforts;
and
(2) as provided in section 44710(e)(2) of this title.
(g) Modifications in System.--(1) The Administrator of the
Federal Aviation Administration shall make modifications in the
system for issuing airman certificates necessary to make the
system more effective in serving the needs of airmen and
officials responsible for enforcing laws related to the
regulation of controlled substances (as defined in section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802)) and related to combating acts of
terrorism. The modifications shall ensure positive and
verifiable identification of each individual applying for or
holding a certificate and shall address at least each of the
following deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses by
applicants for those certificates.
(B) the use of stolen or fraudulent identification in
applying for those certificates.
(C) the use by an applicant of a post office box or
``mail drop'' as a return address to evade
identification of the applicant's address.
(D) the use of counterfeit and stolen airman
certificates by pilots.
(E) the absence of information about physical
characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration
shall prescribe regulations to carry out paragraph (1) of this
subsection and provide a written explanation of how the
regulations address each of the deficiencies and abuses
described in paragraph (1). In prescribing the regulations, the
Administrator of the Federal Aviation Administration shall
consult with the Administrator of Drug Enforcement, the
Commissioner of Customs, other law enforcement officials of the
United States Government, representatives of State and local
law enforcement officials, representatives of the general
aviation aircraft industry, representatives of users of general
aviation aircraft, and other interested persons.
(3) For purposes of this section, the term ``acts of
terrorism'' means an activity that involves a violent act or an
act dangerous to human life that is a violation of the criminal
laws of the United States or of any State, or that would be a
criminal violation if committed within the jurisdiction of the
United States or of any State, and appears to be intended to
intimidate or coerce a civilian population to influence the
policy of a government by intimidation or coercion or to affect
the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with
State and local authorities, and other Federal agencies, to
assist in the identification of individuals applying for or
holding airmen certificates.
[(h) Records of Employment of Pilot Applicants.--
[(1) In general.--Subject to paragraph (14), before
allowing an individual to begin service as a pilot, an
air carrier shall request and receive the following
information:
[(A) FAA records.--From the Administrator of
the Federal Aviation Administration, records
pertaining to the individual that are
maintained by the Administrator concerning--
[(i) current airman certificates
(including airman medical certificates)
and associated type ratings, including
any limitations to those certificates
and ratings; and
[(ii) summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation of this
title or a regulation prescribed or
order issued under this title that was
not subsequently overturned.
[(B) Air carrier and other records.--From any
air carrier or other person (except a branch of
the United States Armed Forces, the National
Guard, or a reserve component of the United
States Armed Forces) that has employed the
individual as a pilot of a civil or public
aircraft at any time during the 5-year period
preceding the date of the employment
application of the individual, or from the
trustee in bankruptcy for such air carrier or
person--
[(i) records pertaining to the
individual that are maintained by an
air carrier (other than records
relating to flight time, duty time, or
rest time) under regulations set forth
in--
[(I) section 121.683 of title
14, Code of Federal
Regulations;
(II) paragraph (A) of section
VI, appendix I, part 121 of
such title;
[(III) paragraph (A) of
section IV, appendix J, part
121 of such title;
[(IV) section 125.401 of such
title; and
[(V) section 135.63(a)(4) of
such title; and
[(ii) other records pertaining to the
individual's performance as a pilot
that are maintained by the air carrier
or person concerning--
[(I) the training,
qualifications, proficiency, or
professional competence of the
individual, including comments
and evaluations made by a check
airman designated in accordance
with section 121.411, 125.295,
or 135.337 of such title;
[(II) any disciplinary action
taken with respect to the
individual that was not
subsequently overturned; and
[(III) any release from
employment or resignation,
termination, or
disqualification with respect
to employment.
[(C) National driver register records.--In
accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the motor
vehicle driving record of the individual.
[(2) Written consent; release from liability.--An air
carrier making a request for records under paragraph
(1)--
[(A) shall be required to obtain written
consent to the release of those records from
the individual that is the subject of the
records requested; and
[(B) may, notwithstanding any other provision
of law or agreement to the contrary, require
the individual who is the subject of the
records to request to execute a release from
liability for any claim arising from the
furnishing of such records to or the use of
such records by such air carrier (other than a
claim arising from furnishing information known
to be false and maintained in violation of a
criminal statute).
[(3) 5-year reporting period.--A person shall not
furnish a record in response to a request made under
paragraph (1) if the record was entered more than 5
years before the date of the request, unless the
information concerns a revocation or suspension of an
airman certificate or motor vehicle license that is in
effect on the date of the request.
[(4) Requirement to maintain records.--The
Administrator and air carriers shall maintain pilot
records described in paragraphs (1)(A) and (1)(B) for a
period of at least 5 years.
[(5) Receipt of consent; provision of information.--A
person shall not furnish a record in response to a
request made under paragraph (1) without first
obtaining a copy of the written consent of the
individual who is the subject of the records requested;
except that, for purposes of paragraph (15), the
Administrator may allow an individual designated by the
Administrator to accept and maintain written consent on
behalf of the Administrator for records requested under
paragraph (1)(A). A person who receives a request for
records under this subsection shall furnish a copy of
all of such requested records maintained by the person
not later than 30 days after receiving the request.
[(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records
under paragraph (1) shall provide to the individual who
is the subject of the records--
[(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual's right to
receive a copy of such records; and
[(B) in accordance with paragraph (10), a
copy of such records, if requested by the
individual.
[(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request
under paragraph (1) or (6) may establish a reasonable
charge for the cost of processing the request and
furnishing copies of the requested records.
[(8) Standard forms.--The Administrator shall
promulgate--
(A) standard forms that may be used by an air
carrier to request records under paragraph (1);
and
[(B) standard forms that may be used by an
air carrier to--
[(i) obtain the written consent of
the individual who is the subject of a
request under paragraph (1); and
[(ii) inform the individual of--
[(I) the request; and
](II) the individual right of
that individual to receive a
copy of any records furnished
in response to the request.
[(9) Right to correct inaccuracies.--An air carrier
that maintains or requests and receives the records of
an individual under paragraph (1) shall provide the
individual with a reasonable opportunity to submit
written comments to correct any inaccuracies contained
in the records before making a final hiring decision
with respect to the individual.
[(10) Right of pilot to review certain records.--
Notwithstanding any other provision of law or
agreement, an air carrier shall, upon written request
from a pilot who is or has been employed by such
carrier, make available, within a reasonable time, but
not later than 30 days after the date of the request,
to the pilot for review, any and all employment records
referred to in paragraph (1)(B)(i) or (ii) pertaining
to the employment of the pilot.
[(11) Privacy protections.--An air carrier that
receives the records of an individual under paragraph
(1) may use such records only to assess the
qualifications of the individual in deciding whether or
not to hire the individual as a pilot. The air carrier
shall take such actions as may be necessary to protect
the privacy of the pilot and the confidentiality of the
records, including ensuring that information contained
in the records is not divulged to any individual that
is not directly involved in the hiring decision.
[(12) Periodic review.--Not later than 18 months
after the date of the enactment of the Pilot Records
Improvement Act of 1996, and at least once every 3
years thereafter, the Administrator shall transmit to
Congress a statement that contains, taking into account
recent developments in the aviation industry--
[(A) recommendations by the Administrator
concerning proposed changes to Federal Aviation
Administration records, air carrier records,
and other records required to be furnished
under subparagraphs (A) and (B) of paragraph
(1); or
[(B) reasons why the Administrator does not
recommend any proposed changes to the records
referred to in subparagraph (A).
[(13) Regulations.--The Administrator may prescribe
such regulations as shall be necessary--
[(A) to protect--
[(i) the personal privacy of any
individual whose records are requested
under paragraph (1) and disseminated
under paragraph (15); and
[(ii) the confidentiality of those
records;
[(B) to preclude the further dissemination of
records received under paragraph (1) by the
person who requested those records; and
[(C) to ensure prompt compliance with any
request made under paragraph (1).
[(14) Special rules with respect to certain pilots.--
[(A) Pilots of certain small aircraft.--
Notwithstanding paragraph (1), an air carrier,
before receiving information requested about an
individual under paragraph (1), may allow the
individual to begin service for a period not to
exceed 90 days as a pilot of an aircraft with a
maximum payload capacity (as defined in section
119.3 of title 14, Code of Federal Regulations)
of 7,500 pounds or less, or a helicopter, on a
flight that is not a scheduled operation (as
defined in such section). Before the end of the
90-day period, the air carrier shall obtain and
evaluate such information. The contract between
the carrier and the individual shall contain a
term that provides that the continuation of the
individual's employment, after the last day of
the 90-day period, depends on a satisfactory
evaluation.
[(B) Good faith exception.--Notwithstanding
paragraph (1), an air carrier, without
obtaining information about an individual under
paragraph (1)(B) from an air carrier or other
person that no longer exists or from a foreign
government or entity that employed the
individual, may allow the individual to begin
service as a pilot if the air carrier required
to request the information has made a
documented good faith attempt to obtain such
information.
[(15) Electronic access to FAA records.--For the
purpose of increasing timely and efficient access to
Federal Aviation Administration records described in
paragraph (1), the Administrator may allow, under terms
established by the Administrator, an individual
designated by the air carrier to have electronic access
to a specified database containing information about
such records. The terms shall limit such access to
instances in which information in the database is
required by the designated individual in making a
hiring decision concerning a pilot applicant and shall
require that the designated individual provide
assurances satisfactory to the Administrator that
information obtained using such access will not be used
for any purpose other than making the hiring decision.]
(h) Records of Employment, Training, and Testing.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall establish and maintain a
pilot employment, training, and testing database and
shall publish notice in the Federal Register when the
database is operational. The database shall include the
following information:
(A) FAA records.--From the Federal Aviation
Administration, records pertaining to the
individual that are maintained by the
Administration concerning--
(i) current airman certificates
(including airman medical certificates)
and associated type ratings, including
any limitations to those certificates
and ratings;
(ii) any failed attempt of the
individual to pass a practical test
required to obtain a certificate or
type rating under part 61 of title 14,
Code of Federal Regulations; and
(iii) summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation of this
title or a regulation prescribed or
order issued under this title that was
not subsequently overturned.
(B) Air carrier and other records.--From any
air carrier or other person (except a branch of
the United States Armed Forces, the National
Guard, or a reserve component of the United
States Armed Forces) that has employed the
individual as a pilot of a civil or public
aircraft, or from the trustee in bankruptcy for
such air carrier or person--
(i) records pertaining to the
individual that are maintained by an
air carrier (other than records
relating to flight time, duty time, or
rest time) under regulations set forth
in--
(I) section 121.683 of title
14, Code of Federal
Regulations;
(II) paragraph (A) of section
VI, appendix I, part 121 of
such title;
(III) paragraph (A) of
section IV, appendix J, part
121 of such title;
(IV) section 125.401 of such
title; and
(V) section 135.63(a)(4) of
such title; and
(ii) other records pertaining to the
individual's performance as a pilot
that are maintained by the air carrier
or person concerning--
(I) the training,
qualifications, proficiency, or
professional competence of the
individual, including comments
and evaluations made by a check
airman designated in accordance
with section 121.411, 125.295,
or 135.337 of such title;
(II) any disciplinary action
taken with respect to the
individual that was not
subsequently overturned; and
(III) any release from
employment or resignation,
termination, or
disqualification with respect
to employment.
(C) National driver register records.--In
accordance with section 30305(b)(8), from the
chief driver licensing official of a State,
information concerning the motor vehicle
driving record of the individual.
(2) Records of current employees.--Each air carrier
shall submit to the Administrator, for inclusion in the
database established under paragraph (1)--
(A) not later than 180 days after the date on
which notice of the establishment of the
database is published, the records described in
paragraph (1)(B) concerning any pilot employed
by the air carrier; and
(B) after such date, not later than 30 days
after the generation of any new records
described in paragraph (1)(B), such new
records.
(3) Right of pilot to review.--Notwithstanding any
other provision of law or agreement, the Administrator,
upon written request from a pilot, shall make available
to the pilot for review and correction, within a
reasonable time, but not later than 30 days after the
date of the request, a copy of all records referred to
in paragraph (1) pertaining to the pilot.
(4) Right to receive notice and copy of any record
furnished.--A person who receives a request for records
described in paragraph (1) shall provide to the
individual who is the subject of the records--
(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual's right to
receive a copy of such records; and
(B) in accordance with paragraph (3), a copy
of such records, if requested by the
individual.
(5) Right to correct inaccuracies.--An air carrier
that maintains or requests and receives the records of
an individual under paragraph (1) shall provide the
individual with a reasonable opportunity to submit
written comments to correct any inaccuracies contained
in the records before making a final hiring decision
with respect to the individual. After the database
established under paragraph (1) is operational, the air
carrier shall submit any corrections made or accepted
by the air carrier to the Administration for inclusion
in the database within 30 days after the corrections
are made or accepted by the air carrier.
(6) Privacy protections.--An air carrier that
maintains, or requests and receives, the records
described in paragraph (1) of an individual may use
such records only to assess the qualifications of the
individual in deciding whether or not to hire the
individual as a pilot. The air carrier shall take such
actions as may be necessary to protect the privacy of
the pilot and the confidentiality of the records,
including ensuring that information contained in the
records is not divulged to any individual that is not
directly involved in the hiring decision.
(7) Periodic review.--Not later than 18 months after
the date of the enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, and at least
once every 3 years thereafter, the Administrator shall
submit to Congress a statement that contains, taking
into account recent developments in the aviation
industry--
(A) recommendations by the Administrator
concerning proposed changes to Administration
records, air carrier records, and other records
required to be furnished under paragraph (1);
or
(B) reasons why the Administrator does not
recommend any proposed changes to the records
referred to in paragraph (1).
(8) Rulemaking.--The Administrator shall prescribe
such regulations as may be necessary--
(A) to protect--
(i) the personal privacy of any
individual whose records are included
in the database established under
paragraph (1); and
(ii) the confidentiality of those
records;
(B) to preclude the further dissemination of
records received under paragraph (1) by the
person who requested those records; and
(C) to ensure prompt compliance with any
request made under this subsection.
(9) Special rules with respect to certain pilots.--
(A) Pilots of certain small aircraft.--
Notwithstanding paragraph (1), an air carrier,
before receiving information requested about an
individual under this subsection, may allow the
individual to begin service for a period not to
exceed 90 days as a pilot of an aircraft with a
maximum payload capacity (as defined in section
119.3 of title 14, Code of Federal Regulations)
of 7,500 pounds or less, or a helicopter, on a
flight that is not a scheduled operation (as
defined in such section). Before the end of the
90-day period, the air carrier shall obtain and
evaluate such information. The contract between
the carrier and the individual shall contain a
term that provides that the continuation of the
individual's employment, after the last day of
the 90-day period, depends on a satisfactory
evaluation.
(B) Good faith exception.--Until the database
required by paragraph (1) is established, an
air carrier, without obtaining information
about an individual under paragraph (1) from an
air carrier or other person that no longer
exists or from a foreign government or entity
that employed the individual, may allow the
individual to begin service as a pilot if the
air carrier required to request the information
has made a documented good faith attempt to
obtain such information.
(10) Review of prospective pilots' records.--Except
as provided in paragraph (9), before allowing an
individual to begin service as a pilot an air carrier
shall request a copy of all the records described in
paragraph (1) pertaining to the pilot and review the
records.
(11) Electronic access to FAA records.--For the
purpose of increasing timely and efficient access to
Federal Aviation Administration records described in
paragraph (1), the Administrator may allow, under terms
established by the Administrator, an individual
designated by the air carrier to have electronic access
to a specified database containing information about
such records. The terms shall limit such access to
instances in which information in the database is
required by the designated individual in making a
hiring decision concerning a pilot applicant and shall
require that the designated individual provide
assurances satisfactory to the Administrator that
information obtained using such access will not be used
for any purpose other than making the hiring decision.
(i) Limitation on Liability; Preemption of State Law.--
(1) Limitation on liability.--No action or proceeding
may be brought by or on behalf of an individual who has
applied for or is seeking a position with an air
carrier as a pilot [and who has signed a release from
liability], as provided for under paragraph (2),
against--
(A) the air carrier requesting the records of
that individual under subsection (h)(1);
(B) a person who has [complied with such
request;] furnished records to the
Administrator in accordance with subsection
(h)(1);
(C) a person who has entered information
contained in the individual's records; or
(D) an agent or employee of a person
described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of
privacy, negligence, interference with contract, or
otherwise, or under any Federal or State law with
respect to the furnishing or use of such records in
accordance with subsection (h).
(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in
effect, or enforce any law (including any regulation,
standard, or other provision having the force and
effect of law) that prohibits, penalizes, or imposes
liability for furnishing or using records in accordance
with subsection (h).
(3) Provision of knowingly false information.--
Paragraphs (1) and (2) shall not apply with respect to
a person who furnishes information in response to a
request made under subsection (h)(1), that--
(A) the person knows is false; and
(B) was maintained in violation of a criminal
statute of the United States.
(j) Limitation on Statutory Construction.--Nothing in
subsection (h) shall be construed as precluding the
availability of the records of a pilot in an investigation or
other proceeding concerning an accident or incident conducted
by the Administrator, the National Transportation Safety Board,
or a court.
Sec. 44704. Type certificates, production certificates, airworthiness
certificates and design organization certificates
(a) Type Certificates.--
(1) Issuance, investigations, and tests.--The
Administrator of the Federal Aviation Administration
shall issue a type certificate for an aircraft,
aircraft engine, or propeller, or for an appliance
specified under paragraph (2)(A) of this subsection
when the Administrator finds that the aircraft,
aircraft engine, propeller, or appliance is properly
designed and manufactured, performs properly, and meets
the regulations and minimum standards prescribed under
section 44701(a) of this title. On receiving an
application for a type certificate, the Administrator
shall investigate the application and may conduct a
hearing. The Administrator shall make, or require the
applicant to make, tests the Administrator considers
necessary in the interest of safety.
(2) Specifications.--The Administrator may--
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms
required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) Special rules for new aircraft and appliances.--
Except as provided in paragraph (4), if the holder of a
type certificate agrees to permit another person to use
the certificate to manufacture a new aircraft, aircraft
engine, propeller, or appliance, the holder shall
provide the other person with written evidence, in a
form acceptable to the Administrator, of that
agreement. Such other person may manufacture a new
aircraft, aircraft engine, propeller, or appliance
based on a type certificate only if such other person
is the holder of the type certificate or has permission
from the holder.
(4) Limitation for aircraft manufactured before
august 5, 2004.--Paragraph (3) shall not apply to a
person who began the manufacture of an aircraft before
August 5, 2004, and who demonstrates to the
satisfaction of the Administrator that such manufacture
began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder of the
type certificate for the aircraft shall not be
responsible for the continued airworthiness of the
aircraft. A person may invoke the exception provided by
this paragraph with regard to the manufacture of only
one aircraft.
(5) Release of data.--
(A) Notwithstanding any other provision of law, the
Administrator may designate, without the consent of the
owner of record, engineering data in the agency's
possession related to a type certificate or a
supplemental type certificate for an aircraft, engine,
propeller or appliance as public data, and therefore
releasable, upon request, to a person seeking to
maintain the airworthiness of such product, if the
Administrator determines that--
(i) the certificate containing the requested
data has been inactive for 3 years;
(ii) the owner of record, or the owner of
record's heir, of the type certificate or
supplemental certificate has not been located
despite a search of due diligence by the
agency; and
(iii) the designation of such data as public
data will enhance aviation safety.
(B) In this section, the term ``engineering data''
means type design drawings and specifications for the
entire product or change to the product, including the
original design data, and any associated supplier data
for individual parts or components approved as part of
the particular aeronautical product certificate.
(b) Supplemental Type Certificates.--
(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type
certificate for a change to an aircraft, aircraft
engine, propeller, or appliance.
(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with
respect to the previously issued type certificate for
the aircraft, aircraft engine, propeller, or appliance.
(3) Requirement.--If the holder of a supplemental
type certificate agrees to permit another person to use
the certificate to modify an aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the
other person with written evidence, in a form
acceptable to the Administrator, of that agreement. A
person may change an aircraft, aircraft engine,
propeller, or appliance based on a supplemental type
certificate only if the person requesting the change is
the holder of the supplemental type certificate or has
permission from the holder to make the change.
(c) Production Certificates.--The Administrator shall issue a
production certificate authorizing the production of a
duplicate of an aircraft, aircraft engine, propeller, or
appliance for which a type certificate has been issued when the
Administrator finds the duplicate will conform to the
certificate. On receiving an application, the Administrator
shall inspect, and may require testing of, a duplicate to
ensure that it conforms to the requirements of the certificate.
The Administrator may include in a production certificate terms
required in the interest of safety.
(d) Airworthiness Certificates.--(1) The registered owner of
an aircraft may apply to the Administrator for an airworthiness
certificate for the aircraft. The Administrator shall issue an
airworthiness certificate when the Administrator finds that the
aircraft conforms to its type certificate and, after
inspection, is in condition for safe operation. The
Administrator shall register each airworthiness certificate and
may include appropriate information in the certificate. The
certificate number or other individual designation the
Administrator requires shall be displayed on the aircraft. The
Administrator may include in an airworthiness certificate terms
required in the interest of safety.
(2) A person applying for the issuance or renewal of an
airworthiness certificate for an aircraft for which ownership
has not been recorded under section 44107 or 44110 of this
title must submit with the application information related to
the ownership of the aircraft the Administrator decides is
necessary to identify each person having a property interest in
the aircraft and the kind and extent of the interest.
(e) Design Organization Certificates.--
(1) Issuance.--[Beginning 7 years after the date of
enactment of this subsection,] Effective January 1,
2013, the Administrator may issue a design organization
certificate to a design organization to authorize the
organization to certify compliance with the
requirements and minimum standards prescribed under
section 44701(a) for the type certification of
aircraft, aircraft engines, propellers, or appliances.
(2) Applications.--On receiving an application for a
design organization certificate, the Administrator
shall examine and rate the design organization
submitting the application, in accordance with
regulations to be prescribed by the Administrator, to
determine whether the design organization has adequate
engineering, design, and [testing] production
capabilities, standards, and safeguards to ensure that
the product being certificated is properly designed and
manufactured, performs properly, and meets the
regulations and minimum standards prescribed under
section 44701(a).
[(3) Issuance of type certificates based on design
organization certification.--The Administrator may rely
on certifications of compliance by a design
organization when making a finding under subsection
(a).]
(3) Issuance of certificate based on design
organization certification.--The Administrator may rely
on the Design Organization for certification of
compliance under this section.
(4) Public safety.--The Administrator shall include
in a design organization certificate issued under this
subsection terms required in the interest of safety.
(5) No effect on power of revocation.--Nothing in
this subsection affects the authority of the Secretary
of Transportation to revoke a certificate.
* * * * * * *
Sec. 44711. Prohibitions and exemption
(a) Prohibitions.--A person may not--
(1) operate a civil aircraft in air commerce without
an airworthiness certificate in effect or in violation
of a term of the certificate;
(2) serve in any capacity as an airman with respect
to a civil aircraft, aircraft engine, propeller, or
appliance used, or intended for use, in air commerce--
(A) without an airman certificate authorizing
the airman to serve in the capacity for which
the certificate was issued; or
(B) in violation of a term of the certificate
or a regulation prescribed or order issued
under section 44701(a) or (b) or any of
sections 44702-44716 of this title;
(3) employ for service related to civil aircraft used
in air commerce an airman who does not have an airman
certificate authorizing the airman to serve in the
capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier
operating certificate or in violation of a term of the
certificate;
(5) operate aircraft in air commerce in violation of
a regulation prescribed or certificate issued under
section 44701(a) or (b) or any of sections 44702-44716
of this title;
(6) operate a seaplane or other aircraft of United
States registry on the high seas in violation of a
regulation under section 3 of the International
Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design
organization certificate, or production certificate or
a regulation prescribed or order issued under section
44701(a) or (b) or any of sections 44702-44716 of this
title related to the holder of the certificate;
(8) operate an airport without an airport operating
certificate required under section 44706 of this title
or in violation of a term of the certificate; or
(9) manufacture, deliver, sell, or offer for sale any
aviation fuel or additive in violation of a regulation
prescribed under section 44714 of this title.
(b) Exemption.--On terms the Administrator of the Federal
Aviation Administration prescribes as being in the public
interest, the Administrator may exempt a foreign aircraft and
airmen serving on the aircraft from subsection (a) of this
section. However, an exemption from observing air traffic
regulations may not be granted.
(c) Prohibition on Employment of Convicted Counterfeit Part
Traffickers.--No person subject to this chapter may knowingly
employ anyone to perform a function related to the procurement,
sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been
convicted in a court of law of a violation of any Federal law
relating to the installation, production, repair, or sale of a
counterfeit or fraudulently-represented aviation part or
material.
(d) Post-employment restrictions for flight standards
inspectors.--
(1) Prohibition.--A person holding an operating
certificate issued under title 14, Code of Federal
Regulations, may not knowingly employ, or make a
contractual arrangement which permits, an individual to
act as an agent or representative of the certificate
holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 3-
year period--
(A) served as, or was responsible for
oversight of, a flight standards inspector of
the Administration; and
(B) had responsibility to inspect, or oversee
inspection of, the operations of the
certificate holder.
(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be
acting as an agent or representative of a certificate
holder in a matter before the Federal Aviation
Administration if the individual makes any written or
oral communication on behalf of the certificate holder
to the Administration (or any of its officers or
employees) in connection with a particular matter,
whether or not involving a specific party and without
regard to whether the individual has participated in,
or had responsibility for, the particular matter while
serving as a flight standards inspector of the
Administration.
* * * * * * *
Sec. 44728. Flight attendant certification
(a) Certificate Required.--
(1) In general.--No person may serve as a flight
attendant aboard an aircraft of an air carrier unless
that person holds a certificate of demonstrated
proficiency from the Administrator of the Federal
Aviation Administration. Upon the request of the
Administrator or an authorized representative of the
National Transportation Safety Board or another Federal
agency, a person who holds such a certificate shall
present the certificate for inspection within a
reasonable period of time after the date of the
request.
(2) Special rule for current flight attendants.--An
individual serving as a flight attendant on the
effective date of this section may continue to serve
aboard an aircraft as a flight attendant until
completion by that individual of the required recurrent
or requalification training and subsequent
certification under this section.
(3) Treatment of flight attendant after
notification.--On the date that the Administrator is
notified by an air carrier that an individual has the
demonstrated proficiency to be a flight attendant, the
individual shall be treated for purposes of this
section as holding a certificate issued under the
section.
(b) Issuance of Certificate.--The Administrator shall issue a
certificate of demonstrated proficiency under this section to
an individual after the Administrator is notified by the air
carrier that the individual has successfully completed all the
training requirements for flight attendants approved by the
Administrator.
(c) Designation of Person To Determine Successful Completion
of Training.--In accordance with part 183 of chapter], Code of
Federal Regulations, the director of operations of an air
carrier is designated to determine that an individual has
successfully completed the training requirements approved by
the Administrator for such individual to serve as a flight
attendant.
(d) Specifications Relating to Certificates.--Each
certificate issued under this section shall--
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the
individual to whom the certificate is issued;
(3) ismilar in size and appearance to
certificates issued to airmen;
(4) contain the airplane group for which the
certificate is issued; and
(5) be issued not later than 120 days after the
Administrator receives notification from the air
carrier of demonstrated proficiency and, in the case of
an individual serving as flight attendant on the
effective date of this section, not later than 1 year
after such effective date.
(e) Approval of Training Programs.--Air carrier flight
attendant training programs shall be subject to approval by the
Administrator. All flight attendant training programs approved
by the Administrator in the 1-year period ending on the date of
enactment of this section shall be treated as providing a
demonstrated proficiency for purposes of meeting the
certification requirements of this section.
(f) Minimum Language Skills.--
(1) In general.--No certificate holder may use any
person to serve, nor may any person serve, as a flight
attendant under this part, unless that person has
demonstrated to an individual qualified to determine
proficiency the ability to read, speak, and write
English well enough to--
(A) read material written in English and
comprehend the information;
(B) speak and understand English sufficiently
to provide direction to, and understand and
answer questions from, English-speaking
individuals;
(C) write incident reports and statements and
log entries and statements; and
(D) carry out written and oral instructions
regarding the proper performance of their
duties.
(2) Foreign flights.--The requirements of paragraph
(1) do not apply to service as a flight attendant
serving solely between points outside the United
States.
[(f)] (g) Flight Attendant Defined.--In this section, the
term ``flight attendant'' means an individual working as a
flight attendant in the cabin of an aircraft that has 20 or
more seats and is being used by an air carrier to provide air
transportation.
* * * * * * *
44730. Inspection of foreign repair stations
(a) In General.--Within 1 year after the date of enactment of
the FAA Air Transportation Modernization and Safety Improvement
Act the Administrator of the Federal Aviation Administration
shall establish and implement a safety assessment system for
all part 145 repair stations based on the type, scope, and
complexity of work being performed. The system shall--
(1) ensure that repair stations outside the United
States are subject to appropriate inspections based on
identified risk and consistent with existing United
States requirements;
(2) consider inspection results and findings
submitted by foreign civil aviation authorities
operating under a maintenance safety or maintenance
implementation agreement with the United States in
meeting the requirements of the safety assessment
system; and
(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for
the Federal Aviation Administration to conduct
independent inspections of covered part 145 repair
stations when safety concerns warrant such inspections.
(b) Notice to Congress of Negotiations.--The Administrator
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 30 days after
initiating formal negotiations with foreign aviation
authorities or other appropriate foreign government agencies on
a new maintenance safety or maintenance implementation
agreement.
(c) Annual Report.--The Administrator shall publish an annual
report on the Federal Aviation Administration's oversight of
part 145 repair stations and implementation of the safety
assessment system required by subsection (a). The report
shall--
(1) describe in detail any improvements in the
Federal Aviation Administration's ability to identify
and track where part 121 air carrier repair work is
performed;
(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors
needed;
(3) describe the training provided to inspectors; and
(4) include an assessment of the quality of
monitoring and surveillance by the Federal Aviation
Administration of work provided by its inspectors and
the inspectors of foreign authorities operating under a
maintenance safety or implementation agreement.
(d) Alcohol and Controlled Substance Testing Program
Requirements.--
(1) In general.--The Secretaries of State and
Transportation jointly shall request the governments of
foreign countries that are members of the International
Civil Aviation Organization to establish international
standards for alcohol and controlled substances testing
of persons that perform safety sensitive maintenance
functions upon commercial air carrier aircraft.
(2) Application to part 121 aircraft work.--Within 1
year after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act
the Administrator shall promulgate a proposed rule
requiring that all part 145 repair station employees
responsible for safety-sensitive functions on part 121
air carrier aircraft are subject to an alcohol and
controlled substance testing program determined
acceptable by the Administrator and consistent with the
applicable laws of the country in which the repair
station is located.
(e) Biannual Inspections.--The Administrator shall require
part 145 repair stations to be inspected twice each year by
Federal Aviation Administration safety inspectors, regardless
of where the station is located, in a manner consistent with
United States obligations under international agreements.
(f) Definitions.--In this section:
(1) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
(2) Part 145 repair station.--The term ``part 145
repair station'' means a repair station that holds a
certificate issued under part 145 of title 14, Code of
Federal Regulations.
Sec. 44731. Training of flight attendants and gate agents
(a) Training Required.--In addition to other training
required under this chapter, each air carrier shall provide
initial and annual recurring training for flight attendants and
gate agents employed or contracted by such air carrier
regarding--
(1) serving alcohol to passengers;
(2) recognizing intoxicated passengers; and
(3) dealing with disruptive passengers.
(b) Situational Training.--In carrying out the training
required under subsection (a), each air carrier shall provide
situational training to flight attendants and gate agents on
the proper method for dealing with intoxicated passengers who
act in a belligerent manner.
(c) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' means a
person or commercial enterprise that has been issued an
air carrier operating certificate under section 44705.
(2) Flight attendant.--The term ``flight attendant''
has the meaning given the term in section 44728(f).
(3) Gate agent.--The term ``gate agent'' means an
individual working at an airport whose responsibilities
include facilitating passenger access to commercial
aircraft.
(4) Passenger.--The term ``passenger'' means an
individual traveling on a commercial aircraft, from the
time at which the individual arrives at the airport
from which such aircraft departs until the time the
individual leaves the airport to which such aircraft
arrives.
CHAPTER 53. FEES
Sec. 45301. General provisions
(a) Schedule of Fees.--The Administrator shall establish a
schedule of new fees, and a collection process for such fees,
for the following services provided by the Administration:
(1) Air traffic control and related services provided
to aircraft other than military and civilian aircraft
of the United States government or of a foreign
government that neither take off from, nor land in, the
United States.
(2) Services (other than air traffic control
services) provided to a foreign government or services
provided to any entity obtaining services outside the
United States, except that the Administrator shall not
impose fees in any manner for production-certification
related service performed outside the United States
pertaining to aeronautical products manufactured
outside the United States.
[(b) Limitations.--
[(1) Authorization and impact considerations.--In
establishing fees under subsection (a), the
Administrator--
[(A) is authorized to recover in fiscal year
1997 $100,000,000; and
[(B) shall ensure that each of the fees
required by subsection (a) is reasonably
related to the Administration's costs, as
determined by the Administrator, of providing
the service 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 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 is not subject to judicial
review.
[(2) Publication; comment.--The Administrator shall
publish in the Federal Register an initial fee schedule
and associated collection process as an interim final
rule, pursuant to which public comment will be sought
and a final rule issued.]
(b) Limitations.--
(1) In general.--In establishing fees under
subsection (a), the Administrator shall ensure that the
fees required by subsection (a) 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 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 is 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, 2010. In
developing the adjusted overflight fees, the
Administrator shall seek and consider the
recommendations, if any, offered by the Aviation
Rulemaking Committee for Overflight Fees that 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. In
addition, the Administrator may periodically modify the
fees established under this section either on the
Administrator's own initiative or on a recommendation
from the Air Traffic Control Modernization Board.
(3) Cost data.--The adjustment of overflight fees
under paragraph (2) shall be based on the costs to the
Administration of providing the air traffic control and
related activities, services, facilities, and equipment
using the available data derived from the
Administration's cost accounting system and cost
allocation system to users, as well as budget and
operational data.
(4) 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.
(5) Costs defined.--In this subsection, the term
``costs'' means those costs associated with the
operation, maintenance, debt service, 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.
(6) 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 a
proposed rule, pursuant to which public comment will be
sought and a final rule issued.
(c) Use of Experts and Consultants.--In developing the
system, the Administrator may consult with such nongovernmental
experts as the Administrator may employ and the Administrator
may utilize the services of experts and consultants under
section 3109 of title 5 without regard to the limitation
imposed by the last sentence of section 3109(b) of such title,
and may contract on a sole source basis, notwithstanding any
other provision of law to the contrary. Notwithstanding any
other provision of law to the contrary, the Administrator may
retain such experts under a contract awarded on a basis other
than a competitive basis and without regard to any such
provisions requiring competitive bidding or precluding sole
source contract authority.
(d) Production-Certification Related Service Defined.--In
this section, the term ``production-certification related
service'' has the meaning given that term in appendix C of part
187 of title 14, Code of Federal Regulations.
* * * * * * *
Sec. 45303. Administrative provisions
(a) Fees Payable to Administrator.--All fees imposed and
amounts collected under this chapter for services performed, or
materials furnished, by the Federal Aviation Administration are
payable to the Administrator of the Federal Aviation
Administration.
(b) Refunds.--The Administrator may refund any fee paid by
mistake or any amount paid in excess of that required.
(c) Receipts Credited to Account.--Notwithstanding section
3302 of title 31, all fees and amounts collected by the
Administration, except insurance premiums and other fees
charged for the provision of insurance and deposited in the
Aviation Insurance Revolving Fund and interest earned on
investments of such Fund, and except amounts which on September
30, 1996, are required to be credited to the general fund of
the Treasury (whether imposed under this section or not)--
(1) shall be credited to a separate account
established in the Treasury and made available for
Administration activities;
[(2) shall be available immediately for expenditure
but only for congressionally authorized and intended
purposes; and]
(2) shall be available to the Administrator for
expenditure for purposes authorized by Congress for the
Federal Aviation Administration, however, fees
established by section 45301(a)(1) of title 49 of the
United States Code shall be available only to pay the
cost of activities and services for which the fee is
imposed, including the costs to determine, assess,
review, and collect the fee; and
(3) shall remain available until expended.
(d) Annual Budget Report by Administrator.--The Administrator
shall, on the same day each year as the President submits the
annual budget to Congress, provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) a list of fee collections by the Administration
during the preceding fiscal year;
(2) a list of activities by the Administration during
the preceding fiscal year that were supported by fee
expenditures and appropriations;
(3) budget plans for significant programs, projects,
and activities of the Administration, including out-
year funding estimates;
(4) any proposed disposition of surplus fees by the
Administration; and
(5) such other information as those committees
consider necessary.
(e) Development of Cost Accounting System.--The
Administration shall develop a cost accounting system that
adequately and accurately reflects the investments, operating
and overhead costs, revenues, and other financial measurement
and reporting aspects of its operations.
(f) Compensation to Carriers for Acting as Collection
Agents.--The Administration shall prescribe regulations to
ensure that any air carrier required, pursuant to the Air
Traffic Management System Performance Improvement Act of 1996
or any amendments made by that Act, to collect a fee imposed on
another party by the Administrator may collect from such other
party an additional uniform amount that the Administrator
determines reflects the necessary and reasonable expenses (net
of interest accruing to the carrier after collection and before
remittance) incurred in collecting and handling the fee.
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471. AIRPORT DEVELOPMENT
Sec. 47102. Definitions
In this subchapter--
(1) ``air carrier airport'' means a public airport
regularly served by--
(A) an air carrier certificated by the
Secretary of Transportation under section 41102
of this title (except a charter air carrier);
or
(B) at least one air carrier--
(i) operating under an exemption from
section 41101(a)(1) of this title that
the Secretary grants; and
(ii) having at least 2,500 passenger
boardings at the airport during the
prior calendar year.
(2) ``airport''--
(A) means--
(i) an area of land or water used or
intended to be used for the landing and
taking off of aircraft;
(ii) an appurtenant area used or
intended to be used for airport
buildings or other airport facilities
or rights of way; and
(iii) airport buildings and
facilities located in any of those
areas; and
(B) includes a heliport.
(3) ``airport development'' means the following
activities, if undertaken by the sponsor, owner, or
operator of a public-use airport:
(A) constructing, repairing, or improving a
public-use airport, including--
(i) removing, lowering, relocating,
marking, and lighting an airport
hazard; and
(ii) preparing a plan or
specification, including carrying out a
field investigation.
(B) acquiring for, or installing at, a
public-use airport--
(i) a navigation aid or another aid
(including a precision approach system)
used by aircraft for landing at or
taking off from the airport, including
preparing the site as required by the
acquisition or installation;
(ii) safety or security equipment,
including explosive detection devices,
universal access systems, and emergency
call boxes, the Secretary requires by
regulation for, or approves as
contributing significantly to, the
safety or security of individuals and
property at the airport and integrated
in-pavement lighting systems for
runways and taxiways and other runway
and taxiway incursion prevention
devices;
(iii) equipment to remove snow, to
measure runway surface friction, or for
aviation-related weather reporting,
including closed circuit weather
surveillance equipment if the airport
is located in Alaska;
(iv) firefighting and rescue
equipment at an airport that serves
scheduled passenger operations of air
carrier aircraft designed for more than
20 passenger seats;
(v) aircraft deicing equipment and
structures (except aircraft deicing
fluids and storage facilities for the
equipment and fluids);
(vi) interactive training systems;
(vii) windshear detection equipment
that is certified by the Administrator
of the Federal Aviation Administration;
(viii) stainless steel adjustable
lighting extensions approved by the
Administrator;
(ix) engineered materials arresting
systems as described in the Advisory
Circular No. 150/5220-22 published by
the Federal Aviation Administration on
August 21, 1998, including any revision
to the circular; and
(x) replacement of baggage conveyor
systems, and reconfiguration of
terminal baggage areas, that the
Secretary determines are necessary to
install bulk explosive detection
devices; except that such activities
shall be eligible for funding under
this subchapter only using amounts
apportioned under section 47114.
(C) acquiring an interest in land or
airspace, including land for future airport
development, that is needed--
(i) to carry out airport development
described in subclause (A) or (B) of
this clause; or
(ii) to remove or mitigate an
existing airport hazard or prevent or
limit the creation of a new airport
hazard.
(D) acquiring land for, or constructing, a
burn area training structure on or off the
airport to provide live fire drill training for
aircraft rescue and firefighting personnel
required to receive the training under
regulations the Secretary prescribes, including
basic equipment and minimum structures to
support the training under standards the
Administrator of the Federal Aviation
Administration prescribes.
(E) relocating after December 31, 1991, an
air traffic control tower and any navigational
aid (including radar) if the relocation is
necessary to carry out a project approved by
the Secretary under this subchapter or under
section 40117.
(F) constructing, reconstructing, repairing,
or improving an airport, or purchasing capital
equipment for an airport, if necessary for
compliance with the responsibilities of the
operator or owner of the airport under the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
except constructing or purchasing capital
equipment that would benefit primarily a
revenue-producing area of the airport used by a
nonaeronautical business.
(G) acquiring land for, or work necessary to
construct, a pad suitable for deicing aircraft
before takeoff at a commercial service airport,
including constructing or reconstructing paved
areas, drainage collection structures,
treatment and discharge systems, appropriate
lighting, paved access for deicing vehicles and
aircraft, including acquiring glycol recovery
vehicles, but not including acquiring aircraft
deicing fluids or constructing or
reconstructing storage facilities for aircraft
deicing equipment or fluids.
(H) routine work to preserve and extend the
useful life of runways, taxiways, and aprons at
nonhub airports and airports that are not
primary airports, under guidelines issued by
the Administrator of the Federal Aviation
Administration.
(I) constructing, reconstructing, or
improving an airport, or purchasing nonrevenue
generating capital equipment to be owned by an
airport, for the purpose of transferring
passengers, cargo, or baggage between the
aeronautical and ground transportation modes on
airport property.
(J) constructing an air traffic control tower
or acquiring and installing air traffic
control, communications, and related equipment
at an air traffic control tower under the terms
specified in section 47124(b)(4).
(K) work necessary to construct or modify
airport facilities to provide low-emission fuel
systems, gate electrification, and other
related air quality improvements at a
commercial service airport if the airport is
located in an air quality nonattainment or
maintenance area (as defined in sections 171(2)
and 175A of the Clean Air Act (42 U.S.C.
7501(2); 7505a) and if such project will result
in an airport receiving appropriate emission
credits, as described in section 47139.
(L) a project for the acquisition or
conversion of vehicles and ground support
equipment, owned by a commercial service
airport, to low-emission technology, if the
airport is located in an air quality
nonattainment or maintenance area (as defined
in sections 171(2) and 175A of the Clean Air
Act (42 U.S.C. 7501(2); 7505a)d if
such project will result in an airport
receiving appropriate emission credits as
described in section 47139.
(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.
(4) ``airport hazard'' means a structure or object of
natural growth located on or near a public-use airport,
or a use of land near the airport, that obstructs or
otherwise is hazardous to the landing or taking off of
aircraft at or from the airport.
(5) ``airport planning'' means planning as defined by
regulations the Secretary prescribes and includes
integrated airport system [planning.] planning and a
plan for recycling and minimizing the generation of
airport solid waste, consistent with applicable State
and local recycling laws, including the cost of a waste
audit.
(6) ``amount made available under section 48103'' or
``amount newly made available'' means the amount
authorized for grants under section 48103 as that
amount may be limited in that year by a subsequent law,
but as determined without regard to grant obligation
recoveries made in that year or amounts covered by
section 47107(f).
(7) ``commercial service airport'' means a public
airport in a State that the Secretary determines has at
least 2,500 passenger boardings each year and is
receiving scheduled passenger aircraft service.
(8) ``integrated airport system planning'' means
developing for planning purposes information and
guidance to decide the extent, kind, location, and
timing of airport development needed in a specific area
to establish a viable, balanced, and integrated system
of public-use airports, including--
(A) identifying system needs;
(B) developing an estimate of systemwide
development costs;
(C) conducting studies, surveys, and other
planning actions, including those related to
airport access, needed to decide which
aeronautical needs should be met by a system of
airports; and
(D) standards prescribed by a State, except
standards for safety of approaches, for airport
development at nonprimary public-use airports.
(9) ``landed weight'' means the weight of aircraft
transporting only cargo in intrastate, interstate, and
foreign air transportation, as the Secretary determines
under regulations the Secretary prescribes.
(10) ``large hub airport'' means a commercial service
airport that has at least 1.0 percent of the passenger
boardings.
(11) ``low-emission technology'' means technology for
vehicles and equipment whose emission performance is
the best achievable under emission standards
established by the Environmental Protection Agency and
that relies exclusively on alternative fuels that are
substantially nonpetroleum based, as defined by the
Department of Energy, but not excluding hybrid systems
or natural gas powered vehicles.
(12) ``medium hub airport'' means a commercial
service airport that has at least 0.25 percent but less
than 1.0 percent of the passenger boardings.
(13) ``nonhub airport'' means a commercial service
airport that has less than 0.05 percent of the
passenger boardings.
(14) ``passenger boardings''--
(A) means, unless the context indicates
otherwise, revenue passenger boardings in the
United States in the prior calendar year on an
aircraft in service in air commerce, as the
Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska,
or Hawaii for a nontraffic purpose.
(15) ``primary airport'' means a commercial service
airport the Secretary determines to have more than
10,000 passenger boardings each year.
(16) ``project'' means a project, separate projects
included in one project grant application, or all
projects to be undertaken at an airport in a fiscal
year, to achieve airport development or airport
planning.
(17) ``project cost'' means a cost involved in
carrying out a project.
(18) ``project grant'' means a grant of money the
Secretary makes to a sponsor to carry out at least one
project.
(19) ``public agency'' means--
(A) a State or political subdivision of a
State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(20) ``public airport'' means an airport used or
intended to be used for public purposes--
(A) that is under the control of a public
agency; and
(B) of which the area used or intended to be
used for the landing, taking off, or surface
maneuvering of aircraft is publicly owned.
(21) ``public-use airport'' means--
(A) a public airport; or
(B) a privately-owned airport used or
intended to be used for public purposes that
is--
(i) a reliever airport; or
(ii) determined by the Secretary to
have at least 2,500 passenger boardings
each year and to receive scheduled
passenger aircraft service.
(22) ``reliever airport'' means an airport the
Secretary designates to relieve congestion at a
commercial service airport and to provide more general
aviation access to the overall community.
(23) ``small hub airport'' means a commercial service
airport that has at least 0.05 percent but less than
0.25 percent of the passenger boardings.
(24) ``sponsor'' means--
(A) a public agency that submits to the
Secretary under this subchapter an application
for financial assistance; and
(B) a private owner of a public-use airport
that submits to the Secretary under this
subchapter an application for financial
assistance for the airport.
(25) ``State'' means a State of the United States,
the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and Guam.
Sec. 47103. National plan of integrated airport systems
(a) General Requirements and Considerations.--The Secretary
of Transportation shall maintain the plan for developing
public-use airports in the United States, named ``the national
plan of integrated airport systems''. The plan shall include
the kind and estimated cost of eligible airport development the
Secretary of Transportation considers necessary to provide a
safe, efficient, and integrated system of public-use airports
adequate to anticipate and meet the needs of civil aeronautics,
to meet the national defense requirements of the Secretary of
Defense, and to meet identified needs of the United States
Postal Service. Airport development included in the plan may
not be limited to meeting the needs of any particular classes
or categories of public-use airports. In maintaining the plan,
the Secretary of Transportation shall consider the needs of
each segment of civil aviation and the relationship of [each
airport to--] the airport system to--
(1) the rest of the transportation [system in the
particular area;] system, including connection to the
surface transportation network; and
(2) forecasted technological developments in
[aeronautics; and] aeronautics.
[(3) forecasted developments in other modes of
intercity transportation.]
(b) Specific Requirements.--In maintaining the plan, the
Secretary of Transportation shall--
(1) to the extent possible and as appropriate,
consult with departments, agencies, and
instrumentalities of the United States Government, with
public agencies, and with the aviation community; and
[(2) consider tall structures that reduce safety or
airport capacity; and]
[(3)] (2) make every reasonable effort to address the
needs of air cargo [operations, Short Takeoff and
Landing/Very Short Takeoff and Landing aircraft
operations,] operations and rotary wing aircraft
operations.
(c) Availability of Domestic Military Airports and Airport
Facilities.--To the extent possible, the Secretary of Defense
shall make domestic military airports and airport facilities
available for civil use. In advising the Secretary of
Transportation under subsection (a) of this section, the
Secretary of Defense shall indicate the extent to which
domestic military airports and airport facilities are available
for civil use.
(d) Publication.--The Secretary of Transportation shall
publish the [status of the] plan every 2 years.
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) Project Grant Application Approval.--The Secretary of
Transportation may approve an application under this subchapter
for a project grant only if the Secretary is satisfied that--
(1) the project is consistent with plans (existing at
the time the project is approved) of public agencies
authorized by the State in which the airport is located
to plan for the development of the area surrounding the
airport;
(2) the project will contribute to carrying out this
subchapter;
(3) enough money is available to pay the project
costs that will not be paid by the United States
Government under this subchapter;
(4) the project will be completed without
unreasonable delay; [and]
(5) the sponsor has authority to carry out the
project as [proposed.] proposed; and
(6) if the project is for an airport that has an
airport master plan, the master plan addresses--
(A) the feasibility of solid waste recycling
at the airport;
(B) minimizing the generation of solid waste
at the airport;
(C) operation and maintenance requirements;
(D) the review of waste management contracts;
(E) the potential for cost savings or the
generation of revenue; and
(F) training and education requirements.
(b) Airport Development Project Grant Application Approval.--
The Secretary may approve an application under this subchapter
for an airport development project grant for an airport only if
the Secretary is satisfied that--
(1) the sponsor, a public agency, or the Government
holds good title to the areas of the airport used or
intended to be used for the landing, taking off, or
surface maneuvering of aircraft, or that good title
will be acquired;
(2) the interests of the community in or near which
the project may be located have been given fair
consideration; and
(3) the application provides touchdown zone and
centerline runway lighting, high intensity runway
lighting, or land necessary for installing approach
light systems that the Secretary, considering the
category of the airport and the kind and volume of
traffic using it, decides is necessary for safe and
efficient use of the airport by aircraft.
(c) Environmental Requirements.--(1) The Secretary may
approve an application under this subchapter for an airport
development project involving the location of an airport or
runway or a major runway extension--
(A) only if the sponsor certifies to the Secretary
that--
(i) an opportunity for a public hearing was
given to consider the economic, social, and
environmental effects of the location and the
location's consistency with the objectives of
any planning that the community has carried
out;
(ii) the airport management board has voting
representation from the communities in which
the project is located or has advised the
communities that they have the right to
petition the Secretary about a proposed
project; and
(iii) with respect to an airport development
project involving the location of an airport,
runway, or major runway extension at a medium
or large hub airport, the airport sponsor has
made available to and has provided upon request
to the metropolitan planning organization in
the area in which the airport is located, if
any, a copy of the proposed amendment to the
airport layout plan to depict the project and a
copy of any airport master plan in which the
project is described or depicted; and
(B) if the application is found to have a significant
adverse effect on natural resources, including fish and
wildlife, natural, scenic, and recreation assets, water
and air quality, or another factor affecting the
environment, only after finding that no possible and
prudent alternative to the project exists and that
every reasonable step has been taken to minimize the
adverse effect.
(2) The Secretary may approve an application under this
subchapter for an airport development project that does not
involve the location of an airport or runway, or a major runway
extension, at an existing airport without requiring an
environmental impact statement related to noise for the project
if--
(A) completing the project would allow operations at
the airport involving aircraft complying with the noise
standards prescribed for ``stage 3'' aircraft in
section 36.1 of title 14, Code of Federal Regulations,
to replace existing operations involving aircraft that
do not comply with those standards; and
(B) the project meets the other requirements under
this subchapter.
(3) At the Secretary's request, the sponsor shall give the
Secretary a copy of the transcript of any hearing held under
paragraph (1)(A) of this subsection.
(4) The Secretary may make a finding under paragraph (1)(B)
of this subsection only after completely reviewing the matter.
The review and finding must be a matter of public record.
(d) Withholding Approval.--(1) The Secretary may withhold
approval of an application under this subchapter for amounts
apportioned under section 47114(c) and (e) of this title for
violating an assurance or requirement of this subchapter only
if--
(A) the Secretary provides the sponsor an opportunity
for a hearing; and
(B) not later than 180 days after the later of the
date of the application or the date the Secretary
discovers the noncompliance, the Secretary finds that a
violation has occurred.
(2) The 180-day period may be extended by--
(A) agreement between the Secretary and the sponsor;
or
(B) the hearing officer if the officer decides an
extension is necessary because the sponsor did not
follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary
withholding approval may obtain review of the order by filing a
petition in the United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of the United
States for the circuit in which the project is located. The
action must be brought not later than 60 days after the order
is served on the petitioner.
(e) Reports Relating to Construction of Certain New Hub
Airports.--At least 90 days prior to the approval under this
subchapter of a project grant application for construction of a
new hub airport that is expected to have 0.25 percent or more
of the total annual enplanements in the United States, the
Secretary shall submit to Congress a report analyzing the
anticipated impact of such proposed new airport on--
(1) the fees charged to air carriers (including
landing fees), and other costs that will be incurred by
air carriers, for using the proposed airport;
(2) air transportation that will be provided in the
geographic region of the proposed airport; and
(3) the availability and cost of providing air
transportation to rural areas in such geographic
region.
(f) Competition Plans.--
(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility fee may be approved for a covered
airport under section 40117 and no grant may be made
under this subchapter for a covered airport unless the
airport has submitted to the Secretary a written
competition plan in accordance with this subsection.
(2) Contents.--A competition plan under this
subsection shall include information on the
availability of airport gates and related facilities,
leasing and sub-leasing arrangements, gate-use
requirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over
air-and ground-side capacity, whether the airport
intends to build or acquire gates that would be used as
common facilities, and airfare levels (as compiled by
the Department of Transportation) compared to other
large airports.
(3) Special rule for fiscal year 2002.--This
subsection does not apply to any passenger facility fee
approved, or grant made, in fiscal year 2002 if the fee
or grant is to be used to improve security at a covered
airport.
(4) Covered airport defined.--In this subsection, the
term ``covered airport'' means a commercial service
airport--
(A) that has more than .25 percent of the
total number of passenger boardings each year
at all such airports; and
(B) at which one or two air carriers control
more than 50 percent of the passenger
boardings.
(g) Consultation with Secretary of Homeland Security.--The
Secretary shall consult with the Secretary of Homeland Security
before approving an application under this subchapter for an
airport development project grant for activities described in
section 47102(3)(B)(ii) only as they relate to security
equipment or section 47102(3)(B)(x) only as they relate to
installation of bulk explosive detection system.
Sec. 47107. Project grant application approval conditioned on
assurances about airport operations
(a) General Written Assurances.--The Secretary of
Transportation may approve a project grant application under
this subchapter for an airport development project only if the
Secretary receives written assurances, satisfactory to the
Secretary, that--
(1) the airport will be available for public use on
reasonable conditions and without unjust
discrimination;
(2) air carriers making similar use of the airport
will be subject to substantially comparable charges--
(A) for facilities directly and substantially
related to providing air transportation; and
(B) regulations and conditions, except for
differences based on reasonable
classifications, such as between--
(i) tenants and nontenants; and
(ii) signatory and nonsignatory
carriers;
(3) the airport operator will not withhold
unreasonably the classification or status of tenant or
signatory from an air carrier that assumes obligations
substantially similar to those already imposed on air
carriers of that classification or status;
(4) a person providing, or intending to provide,
aeronautical services to the public will not be given
an exclusive right to use the airport, with a right
given to only one fixed-base operator to provide
services at an airport deemed not to be an exclusive
right if--
(A) the right would be unreasonably costly,
burdensome, or impractical for more than one
fixed-base operator to provide the services;
and
(B) allowing more than one fixed-base
operator to provide the services would require
reducing the space leased under an existing
agreement between the one fixed-base operator
and the airport owner or operator;
(5) fixed-base operators similarly using the airport
will be subject to the same charges;
(6) an air carrier using the airport may service
itself or use any fixed-base operator allowed by the
airport operator to service any carrier at the airport;
(7) the airport and facilities on or connected with
the airport will be operated and maintained suitably,
with consideration given to climatic and flood
conditions;
(8) a proposal to close the airport temporarily for a
nonaeronautical purpose must first be approved by the
Secretary;
(9) appropriate action will be taken to ensure that
terminal airspace required to protect instrument and
visual operations to the airport (including operations
at established minimum flight altitudes) will be
cleared and protected by mitigating existing, and
preventing future, airport hazards;
(10) appropriate action, including the adoption of
zoning laws, has been or will be taken to the extent
reasonable to restrict the use of land next to or near
the airport to uses that are compatible with normal
airport operations;
(11) each of the airport's facilities developed with
financial assistance from the United States Government
and each of the airport's facilities usable for the
landing and taking off of aircraft always will be
available without charge for use by Government aircraft
in common with other aircraft, except that if the use
is substantial, the Government may be charged a
reasonable share, proportionate to the use, of the cost
of operating and maintaining the facility used;
(12) the airport owner or operator will provide,
without charge to the Government, property interests of
the sponsor in land or water areas or buildings that
the Secretary decides are desirable for, and that will
be used for, constructing at Government expense,
facilities for carrying out activities related to air
traffic control or navigation;
(13) the airport owner or operator will maintain a
schedule of charges for use of facilities and services
at the airport--
(A) that will make the airport as self-
sustaining as possible under the circumstances
existing at the airport, including volume of
traffic and economy of collection; and
(B) without including in the rate base used
for the charges the Government's share of costs
for any project for which a grant is made under
this subchapter or was made under the Federal
Airport Act or the Airport and Airway
Development Act of 1970;
(14) the project accounts and records will be kept
using a standard system of accounting that the
Secretary, after consulting with appropriate public
agencies, prescribes;
(15) the airport owner or operator will submit any
annual or special airport financial and operations
reports to the Secretary that the Secretary reasonably
requests and make such reports available to the public;
(16) the airport owner or operator will maintain a
current layout plan of the airport that meets the
following requirements:
(A) the plan will be in a form the Secretary
prescribes;
(B) the Secretary will approve the plan and
any revision or modification before the plan,
revision, or modification takes effect;
(C) the owner or operator will not make or
allow any alteration in the airport or any of
its facilities if the alteration does not
comply with the plan the Secretary approves,
and the Secretary is of the opinion that the
alteration may affect adversely the safety,
utility, or efficiency of the airport; and
(D) when an alteration in the airport or its
facility is made that does not conform to the
approved plan and that the Secretary decides
adversely affects the safety, utility, or
efficiency of any property on or off the
airport that is owned, leased, or financed by
the Government, the owner or operator, if
requested by the Secretary, will--
(i) eliminate the adverse effect in a
way the Secretary approves; or
(ii) bear all cost of relocating the
property or its replacement to a site
acceptable to the Secretary and of
restoring the property or its
replacement to the level of safety,
utility, efficiency, and cost of
operation that existed before the
alteration was [made;] made, except
that, if there is a change in airport
design standards that the Secretary
determines is beyond the owner or
operator's control that requires the
relocation or replacement of an
existing airport facility, the
Secretary, upon the request of the
owner or operator, may grant funds
available under section 47114 to pay
the cost of relocating or replacing
such facility;
(17) each contract and subcontract for program
management, construction management, planning studies,
feasibility studies, architectural services,
preliminary engineering, design, engineering,
surveying, mapping, and related services will be
awarded in the same way that a contract for
architectural and engineering services is negotiated
under chapter 11 of title 40 or an equivalent
qualifications-based requirement prescribed for or by
the sponsor;
(18) the airport and each airport record will be
available for inspection by the Secretary on reasonable
request, and a report of the airport budget will be
available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the
Secretary and make available to the public an annual
report listing in detail--
(A) all amounts paid by the airport to any
other unit of government and the purposes for
which each such payment was made; and
(B) all services and property provided to
other units of government and the amount of
compensation received for provision of each
such service and property;
(20) the airport owner or operator will permit, to
the maximum extent practicable, intercity buses or
other modes of transportation to have access to the
airport, but the sponsor does not have any obligation
under this paragraph, or because of it, to fund special
facilities for intercity bus service or for other modes
of transportation; and
(21) if the airport owner or operator and a person
who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator
will grant to the aircraft owner for the hangar a long-
term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may
impose.
(b) Written Assurances on Use of Revenue.--(1) The Secretary
of Transportation may approve a project grant application under
this subchapter for an airport development project only if the
Secretary receives written assurances, satisfactory to the
Secretary, that local taxes on aviation fuel (except taxes in
effect on December 30, 1987) and the revenues generated by a
public airport will be expended for the capital or operating
costs of--
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the
airport owner or operator and directly and
substantially related to the air transportation of
passengers or property.
(2) Paragraph (1) of this subsection does not apply if a
provision enacted not later than September 2, 1982, in a law
controlling financing by the airport owner or operator, or a
covenant or assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that
the revenues, including local taxes on aviation fuel at public
airports, from any of the facilities of the owner or operator,
including the airport, be used to support not only the airport
but also the general debt obligations or other facilities of
the owner or operator.
(3) This subsection does not prevent the use of a State tax
on aviation fuel to support a State aviation program or the use
of airport revenue on or off the airport for a noise mitigation
purpose.
(c) Written Assurances on Acquiring Land.--(1) In this
subsection, land is needed for an airport purpose (except a
noise compatibility purpose) if--
(A)(i) the land may be needed for an aeronautical
purpose (including runway protection zone) or serves as
noise buffer land; and
(ii) revenue from interim uses of the land
contributes to the financial self-sufficiency of the
airport; and
(B) for land purchased with a grant the owner or
operator received not later than December 30, 1987, the
Secretary of Transportation or the department, agency,
or instrumentality of the Government that made the
grant was notified by the owner or operator of the use
of the land and did not object to the use and the land
is still being used for that purpose.
(2) The Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written
assurances, satisfactory to the Secretary, that if an airport
owner or operator has received or will receive a grant for
acquiring land and--
(A) if the land was or will be acquired for a noise
compatibility purpose--
(i) the owner or operator will dispose of the
land at fair market value at the earliest
practicable time after the land no longer is
needed for a noise compatibility [purpose;]
purpose, which includes serving as noise buffer
land;
(ii) the disposition will be subject to
retaining or reserving an interest in the land
necessary to ensure that the land will be used
in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be paid to the Secretary for deposit
in the Airport and Airway Trust Fund
established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) or, as
the Secretary prescribes, reinvested in an
approved noise compatibility project, including
the purchase of nonresidential buildings or
property in the vicinity of residential
buildings or property previously purchased by
the airport as part of a noise compatibility
program; or
(B) if the land was or will be acquired for an
airport purpose (except a noise compatibility
purpose)--
(i) the owner or operator, when the land no
longer is needed for an airport purpose, will
dispose of the land at fair market value or
make available to the Secretary an amount equal
to the Government's proportional share of the
fair market value;
(ii) the disposition will be subject to
retaining or reserving an interest in the land
necessary to ensure that the land will be used
in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be reinvested, on application to the
Secretary, in another eligible airport
development project the Secretary approves
under this subchapter or [paid to the Secretary
for deposit in the Fund if another eligible
project does not exist.] reinvested in another
project at the airport or transferred to
another airport as the Secretary prescribes.
(3) In approving the reinvestment or transfer of proceeds
under paragraph (2)(C)(iii), the Secretary shall give
preference, in descending order, to--
(i) reinvestment in an approved noise compatibility
project;
(ii) reinvestment in an approved project that is
eligible for funding under section 47117(e);
(iii) reinvestment in an airport development project
that is eligible for funding under section 47114,
47115, or 47117 and meets the requirements of this
chapter;
(iv) transfer to the sponsor of another public
airport to be reinvested in an approved noise
compatibility project at such airport; and
(v) payment to the Secretary for deposit in the
Airport and Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502).
[(3)] (4) Proceeds referred to in paragraph (2)(A)(iii) and
(B)(iii) of this subsection and deposited in the Airport and
Airway Trust Fund are available as provided in subsection (f)
of this section.
(d) Assurances of Continuation as Public-Use Airport.--The
Secretary of Transportation may approve an application under
this subchapter for an airport development project grant for a
privately owned public-use airport only if the Secretary
receives appropriate assurances that the airport will continue
to function as a public-use airport during the economic life
(that must be at least 10 years) of any facility at the airport
that was developed with Government financial assistance under
this subchapter.
(e) Written Assurances of Opportunities for Small Business
Concerns.--(1) The Secretary of Transportation may approve a
project grant application under this subchapter for an airport
development project only if the Secretary receives written
assurances, satisfactory to the Secretary, that the airport
owner or operator will take necessary action to ensure, to the
maximum extent practicable, that at least 10 percent of all
businesses at the airport selling consumer products or
providing consumer services to the public are small business
concerns (as defined by regulations of the Secretary) owned and
controlled by a socially and economically disadvantaged
individual (as defined in section 47113(a) of this title) or
qualified HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act).
(2) An airport owner or operator may meet the percentage goal
of paragraph (1) of this subsection by including any business
operated through a management contract or subcontract. The
dollar amount of a management contract or subcontract with a
disadvantaged business enterprise shall be added to the total
participation by disadvantaged business enterprises in airport
concessions and to the base from which the airport's percentage
goal is calculated. The dollar amount of a management contract
or subcontract with a non-disadvantaged business enterprise and
the gross revenue of business activities to which the
management contract or subcontract pertains may not be added to
this base.
(3) Except as provided in paragraph (4) of this subsection,
an airport owner or operator may meet the percentage goal of
paragraph (1) of this subsection by including the purchase from
disadvantaged business enterprises of goods and services used
in businesses conducted at the airport, but the owner or
operator and the businesses conducted at the airport shall make
good faith efforts to explore all available options to achieve,
to the maximum extent practicable, compliance with the goal
through direct ownership arrangements, including joint ventures
and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an
airport owner or operator shall include the revenues of car
rental firms at the airport in the base from which the
percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental
firm to meet a requirement under paragraph (1) of this
subsection by purchasing or leasing goods or services from a
disadvantaged business enterprise. If an owner or operator
requires such a purchase or lease, a car rental firm shall be
permitted to meet the requirement by including purchases or
leases of vehicles from any vendor that qualifies as a small
business concern owned and controlled by a socially and
economically disadvantaged individual or as a qualified HUBZone
small business concern (as defined in section 3(p) of the Small
Business Act).
(C) This subsection does not require a car rental firm to
change its corporate structure to provide for direct ownership
arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt--
(A) a State or local law, regulation, or policy
enacted by the governing body of an airport owner or
operator; or
(B) the authority of a State or local government or
airport owner or operator to adopt or enforce a law,
regulation, or policy related to disadvantaged business
enterprises.
(6) An airport owner or operator may provide opportunities
for a small business concern owned and controlled by a socially
and economically disadvantaged individual or a qualified
HUBZone small business concern (as defined in section 3(p) of
the Small Business Act) to participate through direct
contractual agreement with that concern.
(7) An air carrier that provides passenger or property-
carrying services or another business that conducts
aeronautical activities at an airport may not be included in
the percentage goal of paragraph (1) of this subsection for
participation of small business concerns at the airport.
(8) Mandatory training program for airport
concessions.--
(A) In general.--Not later than one
year after the date of enactment of the
FAA Air Transportation Modernization
and Safety Improvement Act, 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 to the Secretary
such sums as may be necessary to carry
out this paragraph.
[(8)] (9) Not later than April 29, 1993, the Secretary of
Transportation shall prescribe regulations to carry out this
subsection.
(f) Availability of Amounts.--An amount deposited in the
Airport and Airway Trust Fund under--
(1) subsection (c)(2)(A)(iii) of this section is
available to the Secretary of Transportation to make a
grant for airport development or airport planning under
section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is
available to the Secretary--
(A) to make a grant for a purpose described
in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this
title at another airport in the State in which
the land was disposed of under subsection
(c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in
addition to an amount made available to the Secretary
under section 48103 of this title and not subject to
apportionment under section 47114 of this title.
(g) Ensuring Compliance.--(1) To ensure compliance with this
section, the Secretary of Transportation--
(A) shall prescribe requirements for sponsors that
the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an
application for a project grant only if the Secretary is
satisfied that the requirements prescribed under paragraph
(1)(A) of this subsection have been or will be met.
(h) Modifying Assurances and Requiring Compliance With
Additional Assurances.--
(1) In general.--Subject to paragraph (2), before
modifying an assurance required of a person receiving a
grant under this subchapter and in effect after
December 29, 1987, or to require compliance with an
additional assurance from the person, the Secretary of
Transportation must--
(A) publish notice of the proposed
modification in the Federal Register; and
(B) provide an opportunity for comment on the
proposal.
(2) Public notice before waiver of aeronautical land-
use assurance.--Before modifying an assurance under
subsection (c)(2)(B) that requires any property to be
used for an aeronautical purpose, the Secretary must
provide notice to the public not less than 30 days
before making such modification.
(i) Relief From Obligation To Provide Free Space.--When a
sponsor provides a property interest in a land or water area or
a building that the Secretary of Transportation uses to
construct a facility at Government expense, the Secretary may
relieve the sponsor from an obligation in a contract made under
this chapter, the Airport and Airway Development Act of 1970,
or the Federal Airport Act to provide free space to the
Government in an airport building, to the extent the Secretary
finds that the free space no longer is needed to carry out
activities related to air traffic control or navigation.
(j) Use of Revenue in Hawaii.--(1) In this subsection--
(A) ``duty-free merchandise'' and ``duty-free sales
enterprise'' have the same meanings given those terms
in section 555(b)(8) of the Tariff Act of 1930 (19
U.S.C. 1555(b)(8)).
(B) ``highway'' and ``Federal-aid system'' have the
same meanings given those terms in section 101(a) of
title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii
may use, for a project for construction or reconstruction of a
highway on a Federal-aid system that is not more than 10 miles
by road from an airport and that will facilitate access to the
airport, revenue from the sales at off-airport locations in
Hawaii of duty-free merchandise under a contract between Hawaii
and a duty-free sales enterprise. However, the revenue
resulting during a Hawaiian fiscal year may be used only if the
amount of the revenue, plus amounts Hawaii receives in the
fiscal year from all other sources for costs Hawaii incurs for
operating all airports it operates and for debt service related
to capital projects for the airports (including interest and
amortization of principal costs), is more than 150 percent of
the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of
this subsection in a Hawaiian fiscal year that Hawaii may use
may not be more than the amount that is greater than 150
percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under
paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or
service from an aircraft operator by an airport operated by
Hawaii is increased during the period from May 4, 1990, through
December 31, 1994, by more than the percentage change in the
Consumer Price Index of All Urban Consumers for Honolulu,
Hawaii, that the Secretary of Labor publishes during that
period and if revenue derived from the fee increases because
the fee increased, the amount under paragraph (3)(B) of this
subsection shall be reduced by the amount of the projected
revenue increase in the period less the part of the increase
attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected
revenue increases referred to in this subsection and shall
submit the determinations to the Secretary of Transportation. A
determination is approved unless the Secretary disapproves it
not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of
this title in a fiscal year in which Hawaii uses under
paragraph (2) of this subsection revenue from sales referred to
in paragraph (2). Hawaii shall repay amounts it receives in a
fiscal year under a grant it is not eligible to receive because
of this paragraph to the Secretary of Transportation for
deposit in the discretionary fund established under section
47115.
(7)(A) This subsection applies only to revenue from sales
referred to in paragraph (2) of this subsection from May 5,
1990, through December 30, 1994, and to amounts in the Airport
Revenue Fund of Hawaii that are attributable to revenue before
May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December 30, 1994, may be
used under paragraph (2) in any Hawaiian fiscal year, including
a Hawaiian fiscal year beginning after December 31, 1994.
(k) Annual Summaries of Financial Reports.--The Secretary
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives an annual summary of the reports submitted to
the Secretary under subsection (a)(19) of this section and
under section 111(b) of the Federal Aviation Administration
Authorization Act of 1994.
(l) Policies and Procedures To Ensure Enforcement Against
Illegal Diversion of Airport Revenue.--
(1) In general.--Not later than 90 days after August
23, 1994, the Secretary of Transportation shall
establish policies and procedures that will assure the
prompt and effective enforcement of subsections (a)(13)
and (b) of this section and grant assurances made under
such subsections. Such policies and procedures shall
recognize the exemption provision in subsection (b)(2)
of this section and shall respond to the information
contained in the reports of the Inspector General of
the Department of Transportation on airport revenue
diversion and such other relevant information as the
Secretary may by law consider.
(2) Revenue diversion.--Policies and procedures to be
established pursuant to paragraph (1) of this
subsection shall prohibit, at a minimum, the diversion
of airport revenues (except as authorized under
subsection (b) of this section) through--
(A) direct payments or indirect payments,
other than payments reflecting the value of
services and facilities provided to the
airport;
(B) use of airport revenues for general
economic development, marketing, and
promotional activities unrelated to airports or
airport systems;
(C) payments in lieu of taxes or other
assessments that exceed the value of services
provided; or
(D) payments to compensate nonsponsoring
governmental bodies for lost tax revenues
exceeding stated tax rates.
(3) Efforts to be self-sustaining.--With respect to
subsection (a)(13) of this section, policies and
procedures to be established pursuant to paragraph (1)
of this subsection shall take into account, at a
minimum, whether owners and operators of airports, when
entering into new or revised agreements or otherwise
establishing rates, charges, and fees, have undertaken
reasonable efforts to make their particular airports as
self-sustaining as possible under the circumstances
existing at such airports.
(4) Administrative safeguards.--Policies and
procedures to be established pursuant to paragraph (1)
shall mandate internal controls, auditing requirements,
and increased levels of Department of Transportation
personnel sufficient to respond fully and promptly to
complaints received regarding possible violations of
subsections (a)(13) and (b) of this section and grant
assurances made under such subsections and to alert the
Secretary to such possible violations.
(5) Statute of limitations.--In addition to the
statute of limitations specified in subsection (n)(7),
with respect to project grants made under this
chapter--
(A) any request by a sponsor or any other
governmental entity to any airport for
additional payments for services conducted off
of the airport or for reimbursement for capital
contributions or operating expenses shall be
filed not later than 6 years after the date on
which the expense is incurred; and
(B) any amount of airport funds that are used
to make a payment or reimbursement as described
in subparagraph (A) after the date specified in
that subparagraph shall be considered to be an
illegal diversion of airport revenues that is
subject to subsection (n).
(m) Audit Certification.--
(1) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal
Aviation Administration, shall include a provision in
the compliance supplement provisions to require a
recipient of a project grant (or any other recipient of
Federal financial assistance that is provided for an
airport) to include as part of an annual audit
conducted under sections 7501 through 7505 of title 31,
a review concerning the funding activities with respect
to an airport that is the subject of the project grant
(or other Federal financial assistance) and the
sponsors, owners, or operators (or other recipients)
involved.
(2) Content of review.--A review conducted under
paragraph (1) shall provide reasonable assurances that
funds paid or transferred to sponsors are paid or
transferred in a manner consistent with the applicable
requirements of this chapter and any other applicable
provision of law (including regulations promulgated by
the Secretary or the Administrator).
(n) Recovery of Illegally Diverted Funds.--
(1) In general.--Not later than 180 days after the
issuance of an audit or any other report that
identifies an illegal diversion of airport revenues (as
determined under subsections (b) and (l) and section
47133), the Secretary, acting through the
Administrator, shall--
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final
determination concerning whether the illegal
diversion of airport revenues asserted in the
audit or report occurred.
(2) Notification.--Upon making such a finding, the
Secretary, acting through the Administrator, shall
provide written notification to the sponsor and the
airport of--
(A) the finding; and
(B) the obligations of the sponsor to
reimburse the airport involved under this
paragraph.
(3) Administrative action.--The Secretary may
withhold any amount from funds that would otherwise be
made available to the sponsor, including funds that
would otherwise be made available to a State,
municipality, or political subdivision thereof
(including any multimodal transportation agency or
transit authority of which the sponsor is a member
entity) as part of an apportionment or grant made
available pursuant to this title, if the sponsor--
(A) receives notification that the sponsor is
required to reimburse an airport; and
(B) has had an opportunity to reimburse the
airport, but has failed to do so.
(4) Civil action.--If a sponsor fails to pay an
amount specified under paragraph (3) during the 180-day
period beginning on the date of notification and the
Secretary is unable to withhold a sufficient amount
under paragraph (3), the Secretary, acting through the
Administrator, may initiate a civil action under which
the sponsor shall be liable for civil penalty in an
amount equal to the illegal diversion in question plus
interest (as determined under subsection (o)).
(5) Disposition of penalties.--
(A) Amounts withheld.--The Secretary or the
Administrator shall transfer any amounts
withheld under paragraph (3) to the Airport and
Airway Trust Fund.
(B) Civil penalties.--With respect to any
amount collected by a court in a civil action
under paragraph (4), the court shall cause to
be transferred to the Airport and Airway Trust
Fund any amount collected as a civil penalty
under paragraph (4).
(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any
amount is collected from a sponsor under paragraph (4),
cause to be transferred from the Airport and Airway
Trust Fund to an airport affected by a diversion that
is the subject of a civil action under paragraph (4),
reimbursement in an amount equal to the amount that has
been collected from the sponsor under paragraph (4)
(including any amount of interest calculated under
subsection (o)).
(7) Statute of limitations.--No person may bring an
action for the recovery of funds illegally diverted in
violation of this section (as determined under
subsections (b) and (l)) or section 47133 after the
date that is 6 years after the date on which the
diversion occurred.
(o) Interest.--
(1) In general.--Except as provided in paragraph (2),
the Secretary, acting through the Administrator, shall
charge a minimum annual rate of interest on the amount
of any illegal diversion of revenues referred to in
subsection (n) in an amount equal to the average
investment interest rate for tax and loan accounts of
the Department of the Treasury (as determined by the
Secretary of the Treasury) for the applicable calendar
year, rounded to the nearest whole percentage point.
(2) Adjustment of interest rates.--If, with respect
to a calendar quarter, the average investment interest
rate for tax and loan accounts of the Department of the
Treasury exceeds the average investment interest rate
for the immediately preceding calendar quarter, rounded
to the nearest whole percentage point, the Secretary of
the Treasury may adjust the interest rate charged under
this subsection in a manner that reflects that change.
(3) Accrual.--Interest assessed under subsection (n)
shall accrue from the date of the actual illegal
diversion of revenues referred to in subsection (n).
(4) Determination of applicable rate.--The applicable
rate of interest charged under paragraph (1) shall--
(A) be the rate in effect on the date on
which interest begins to accrue under paragraph
(3); and
(B) remain at a rate fixed under subparagraph
(A) during the duration of the indebtedness.
(p) Payment by Airport to Sponsor.--If, in the course of an
audit or other review conducted under this section, the
Secretary or the Administrator determines that an airport owes
a sponsor funds as a result of activities conducted by the
sponsor or expenditures by the sponsor for the benefit of the
airport, interest on that amount shall be determined in the
same manner as provided in paragraphs (1) through (4) of
subsection (o), except that the amount of any interest assessed
under this subsection shall be determined from the date on
which the Secretary or the Administrator makes that
determination.
(q) Notwithstanding any written assurances prescribed in
subsections (a) through (p), a general aviation airport with
more than 300,000 annual operations may be exempt from having
to accept scheduled passenger air carrier service, provided
that the following conditions are met:
(1) No scheduled passenger air carrier has provided
service at the airport within 5 years prior to January
1, 2002.
(2) The airport is located within or underneath the
Class B airspace of an airport that maintains an
airport operating certificate pursuant to section 44706
of title 49.
(3) The certificated airport operating under section
44706 of title 49 does not contribute to significant
passenger delays as defined by DOT/FAA in the ``Airport
Capacity Benchmark Report 2001''.
(r) An airport that meets the conditions of subsections
(q)(1) through (3) is not subject to section 47524 of title 49
with respect to a prohibition on all scheduled passenger
service.
(s) Competition Disclosure Requirement.--
(1) In general.--The Secretary of Transportation may
approve an application under this subchapter for an
airport development project grant for a large hub
airport or a medium hub airport only if the Secretary
receives assurances that the airport sponsor will
provide the information required by paragraph (2) at
such time and in such form as the Secretary may
require.
(2) Competitive access.--On February 1 and August 1
of each year, an airport that during the previous 6-
month period has been unable to accommodate one or more
requests by an air carrier for access to gates or other
facilities at that airport in order to provide service
to the airport or to expand service at the airport
shall transmit a report to the Secretary that--
(A) describes the requests;
(B) provides an explanation as to why the
requests could not be accommodated; and
(C) provides a time frame within which, if
any, the airport will be able to accommodate
the requests.
[(3) Sunset provision.--This subsection shall cease
to be effective beginning October 1, 2009.]
* * * * * * *
Sec. 47109. United States Government's share of project costs
(a) General.--Except as provided in [subsection (b) or
subsection (c)] subsection (b), (c), or (e) of this section,
the United States Government's share of allowable project costs
is--
(1) 75 percent for a project at a primary airport
having at least .25 percent of the total number of
passenger boardings each year at all commercial service
airports;
(2) not more than 90 percent for a project funded by
a grant issued to and administered by a State under
section 47128, relating to the State block grant
program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the
Administrator from the discretionary fund under section
47115 at an airport receiving an exemption under
section 47134; and
(5) for fiscal year 2002, 100 percent for a project
described in section 47102(3)(J), 47102(3)(K), or
47102(3)(L).
(b) Increased Government Share.--If, under subsection (a) of
this section, the Government's share of allowable costs of a
project in a State containing unappropriated and unreserved
public lands and nontaxable Indian lands (individual and
tribal) of more than 5 percent of the total area of all lands
in the State, is less than the share applied on June 30, 1975,
under section 17(b) of the Airport and Airway Development Act
of 1970, the Government's share under subsection (a) of this
section shall be increased by the lesser of--
(1) 25 percent;
(2) one-half of the percentage that the area of
unappropriated and unreserved public lands and
nontaxable Indian lands in the State is of the total
area of the State; or
(3) the percentage necessary to increase the
Government's share to the percentage that applied on
June 30, 1975, under section 17(b) of the Act.
(c) Grandfather Rule.--
(1) In general.--In the case of any project approved
after September 30, 2003, at a small hub airport or
nonhub airport that is located in a State containing
unappropriated and unreserved public lands and
nontaxable Indian lands (individual and tribal) of more
than 5 percent of the total area of all lands in the
State, the Government's share of allowable costs of the
project shall be increased by the same ratio as the
basic share of allowable costs of a project divided
into the increased (Public Lands States) share of
allowable costs of a project as shown on documents of
the Federal Aviation Administration dated August 3,
1979, at airports for which the general share was 80
percent on August 3, 1979. This subsection shall apply
only if--
(A) the State contained unappropriated and
unreserved public lands and nontaxable Indian
lands of more than 5 percent of the total area
of all lands in the State on August 3, 1979;
and
(B) the application under subsection (b),
does not increase the Government's share of
allowable costs of the project.
(2) Limitation.--The Government's share of allowable
project costs determined under this subsection shall
not exceed the lesser of 93.75 percent or the highest
percentage Government share applicable to any project
in any State under subsection (b).
(d) Special Rule for Privately Owned Reliever Airports.--If a
privately owned reliever airport contributes any lands,
easements, or rights-of-way to carry out a project under this
subchapter, the current fair market value of such lands,
easements, or rights-of-way shall be credited toward the non-
Federal share of allowable project costs.
(e) Special Rule for Transition From Small Hub to Medium Hub
Status.--If the status of a small hub primary airport changes
to a medium hub primary airport, the United States Government's
share of allowable project costs for the airport may not exceed
95 percent for 2 fiscal years following such change in hub
status.
Sec. 47110. Allowable project costs
(a) General Authority.--Except as provided in section 47111
of this title, the United States Government may pay or be
obligated to pay, from amounts appropriated to carry out this
subchapter, a cost incurred in carrying out a project under
this subchapter only if the Secretary of Transportation decides
the cost is allowable.
(b) Allowable Cost Standards.--A project cost is allowable--
(1) if the cost necessarily is incurred in carrying
out the project in compliance with the grant agreement
made for the project under this subchapter, including
any cost a sponsor incurs related to an audit the
Secretary requires under section 47121(b) or (d) of
this title and any cost of moving a Federal facility
impeding the project if the rebuilt facility is of an
equivalent size and type;
(2)(A) if the cost is incurred after the grant
agreement is executed and is for airport development or
airport planning carried out after the grant agreement
is executed;
(B) if the cost is incurred after June 1, 1989, by
the airport operator (regardless of when the grant
agreement is executed) as part of a Government-approved
noise compatability program (including project
formulation costs) and is consistent with all
applicable statutory and administrative requirements;
(C) if the Government's share is paid only with
amounts apportioned under paragraphs (1) and (2) of
section 47114(c) or section 47114(d)(3)(A) and if the
cost is incurred--
(i) after September 30, 1996;
(ii) before a grant agreement is executed for
the project; and
(iii) 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 the
grant agreement had been executed; or
(D) if the cost is incurred after September 11, 2001,
for a project described in section 47102(3)(J),
47102(3)(K), or 47102(3)(L) and shall not depend upon
the date of execution of a grant agreement made under
this subchapter;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for
airport development or airport planning for which other
Government assistance has been granted;
(5) if the total costs allowed for the project are
not more than the amount stated in the grant agreement
as the maximum the Government will pay (except as
provided in section 47108(b) of this title); and
(6) if the cost is for a project not described in
section 47102(3) for acquiring for use at a commercial
service airport vehicles and ground support equipment
owned by an airport that include low-emission
technology, but only to the extent of the incremental
cost of equipping such vehicles or equipment with low-
emission technology, as determined by the Secretary.
(c) Certain Prior Costs as Allowable Costs.--The Secretary
may decide that a project cost under subsection (b)(2)(A) of
this section incurred after May 13, 1946, and before the date
the grant agreement is executed is allowable if it is--
(1) necessarily incurred in formulating an airport
development project, including costs incurred for field
surveys, plans and specifications, property interests
in land or airspace, and administration or other
incidental items that would not have been incurred
except for the project; [or]
(2) necessarily and directly incurred in developing
the work scope of an airport planning [project.]
project; or
(3) necessarily incurred in anticipation of severe
weather.
[(d) Terminal Development Costs.--(1) The Secretary may
decide that the cost of terminal development (including multi-
modal terminal development) in a nonrevenue-producing public-
use area of a commercial service airport is allowable for an
airport development project at the 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 of this title;
[(ii) all the security equipment required by
regulation; and
[(iii) provided for access, to the area of
the airport for passengers for boarding or
exiting aircraft, to those passengers boarding
or exiting aircraft, except 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) In making a decision under paragraph (1) of this
subsection, 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.]
(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 is paid with
funds apportioned to the airport sponsor under sections
47114(c)(1) or 47114(d)(2);
(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.
(e) Letters of Intent.--(1) The Secretary may issue a letter
of intent to the sponsor stating an intention to obligate from
future budget authority an amount, not more than the
Government's share of allowable project costs, for an airport
development project (including costs of formulating the
project) at a primary or reliever airport. The letter shall
establish a schedule under which the Secretary will reimburse
the sponsor for the Government's share of allowable project
costs, as amounts become available, if the sponsor, after the
Secretary issues the letter, carries out the project without
receiving amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to a project--
(A) about which the sponsor notifies the Secretary,
before the project begins, of the sponsor's intent to
carry out the project;
(B) that will comply with all statutory and
administrative requirements that would apply to the
project if it were carried out with amounts made
available under this subchapter; and
(C) that meets the criteria of section 47115(d) and,
if for a project at a commercial service airport having
at least 0.25 percent of the boardings each year at all
such airports, the Secretary decides will enhance
system-wide airport capacity significantly.
(3) A letter of intent issued under paragraph (1) of this
subsection is not an obligation of the Government under section
1501 of title 31, and the letter is not deemed to be an
administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are
provided in authorization and appropriation laws.
(4) The total estimated amount of future Government
obligations covered by all outstanding letters of intent under
paragraph (1) of this subsection may not be more than the
amount authorized to carry out section 48103 of this title,
less an amount reasonably estimated by the Secretary to be
needed for grants under section 48103 that are not covered by a
letter.
(5) Letters of intent.--The Secretary may not require an
eligible agency to impose a passenger facility fee under
section 40117 in order to obtain a letter of intent under this
section.
(6) Limitation on statutory construction.--Nothing in this
section shall be construed to prohibit the obligation of
amounts pursuant to a letter of intent under this subsection in
the same fiscal year as the letter of intent is issued.
(f) Nonallowable Costs.--Except as provided in subsection (d)
of this section and section 47118(f) of this title, a cost is
not an allowable airport development project cost if it is
for--
(1) constructing a public parking facility for
passenger automobiles;
(2) constructing, altering, or repairing part of an
airport building, except to the extent the building
will be used for facilities or activities directly
related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall not
receive priority consideration with respect to the use of
discretionary funds made available under section 47115 of this
title even if the amounts made available under paragraphs (1)
and (2) of section 47114(c) or section 47114(d)(3)(A) are not
sufficient to cover the Government's share of the cost of the
project.
(h) Nonprimary Airports.--The Secretary may decide that the
costs of revenue producing aeronautical support [facilities,
including fuel farms and hangars,] facilities, as defined by
section 47102, are allowable for an airport development project
at a nonprimary airport if the Government's share of such costs
is paid only with funds apportioned to the airport sponsor
under section 47114(d)(3)(A) and if the Secretary determines
that the sponsor has made adequate provision for financing
airside needs of the airport.
(i) Bird-Detecting Radar Systems.--Within 180 days after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, the Administrator shall analyze the
conclusions of ongoing studies of various types of
commercially-available bird radar systems, based upon that
analysis, if the Administrator determines such systems have no
negative impact on existing navigational aids and that the
expenditure of such funds is appropriate, the Administrator
shall allow the purchase of bird-detecting radar systems as an
allowable airport development project costs subject to
subsection (b). If a determination is made that such radar
systems will not improve or negatively impact airport safety,
the Administrator shall issue a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
on why that determination was made.
Sec. 47111. Payments under project grant agreements
(a) General Authority.--After making a project grant
agreement under this subchapter and consulting with the
sponsor, the Secretary of Transportation may decide when and in
what amounts payments under the agreement will be made.
Payments totaling not more than 90 percent of the United States
Government's share of the project's estimated allowable costs
may be made before the project is completed if the sponsor
certifies to the Secretary that the total amount expended from
the advance payments at any time will not be more than the cost
of the airport development work completed on the project at
that time.
(b) Recovering Payments.--If the Secretary determines that
the total amount of payments made under a grant agreement under
this subchapter is more than the Government's share of the
total allowable project costs, the Government may recover the
excess amount. If the Secretary finds that a project for which
an advance payment was made has not been completed within a
reasonable time, the Government may recover any part of the
advance payment for which the Government received no benefit.
(c) Payment Deposits.--A payment under a project grant
agreement under this subchapter may be made only to an official
or depository designated by the sponsor and authorized by law
to receive public money.
(d) Withholding Payments.--(1) The Secretary may withhold a
payment under a grant agreement under this subchapter for more
than 180 days after the payment is due only if the Secretary--
(A) notifies the sponsor and provides an
opportunity for a hearing; and
(B) finds that the sponsor has violated the
agreement.
(2) The 180-day period may be extended by--
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an
extension is necessary because the sponsor did not
follow the schedule the officer established.
(3) A person adversely affected by an order of the
Secretary withholding a payment may apply for review of the
order by filing a petition in the United States Court of
Appeals for the District of Columbia Circuit or in the court of
appeals of the United States for the circuit in which the
project is located. The petition must be filed not later than
60 days after the order is served on the petitioner.
(e) Action on Grant Assurances Concerning Airport
Revenues.--If, after notice and opportunity for a hearing, the
Secretary finds a violation of section 47107(b) of this title,
as further defined by the Secretary under section 47107(l) of
this title, or a violation of an assurance made under section
47107(b) of this title, and the Secretary has provided an
opportunity for the airport sponsor to take corrective action
to cure such violation, and such corrective action has not been
taken within the period of time set by the Secretary, the
Secretary shall withhold approval of any new grant application
for funds under this chapter, or any proposed modification to
an existing grant that would increase the amount of funds made
available under this chapter to the airport [sponsor, and
withhold approval of any new application to impose a fee under
section 40117 of this title. Such applications may thereafter
be approved only upon a finding by the Secretary that such
corrective action as the Secretary requires has been taken to
address the violation and that the violation no longer exists.]
sponsor. A sponsor shall not propose collection or use of
passenger facility charges for any new projects under
paragraphs (3) through (6) of section 40117(c) unless the
Secretary determines that the sponsor has taken corrective
action to address the violation and the violation no longer
exists.
(f) Judicial Enforcement.--For any violation of this
chapter or any grant assurance made under this chapter, the
Secretary may apply to the district court of the United States
for any district in which the violation occurred for
enforcement. Such court shall have jurisdiction to enforce
obedience thereto by a writ of injunction or other process,
mandatory or otherwise, restraining any person from further
violation.
Sec. 47112. Carrying out airport development projects
(a) Construction Work.--The Secretary of Transportation may
inspect and approve construction work for an airport
development project carried out under a grant agreement under
this subchapter. The construction work must be carried out in
compliance with regulations the Secretary prescribes. The
regulations shall require the sponsor to make necessary cost
and progress reports on the project. The regulations may amend
or modify a contract related to the project only if the
contract was made with actual notice of the regulations.
(b) Prevailing Wages.--A contract for more than $2,000
involving labor for an airport development project carried out
under a grant agreement under this subchapter must require
contractors to pay labor minimum wage rates as determined by
the Secretary of Labor under sections 3141-3144, 3146, and 3147
of title 40. The minimum rates must be included in the bids for
the work and in the invitation for those bids.
(c) Veterans' Preference.--(1) In this subsection--
(A) ``disabled veteran'' has the same meaning given
that term in section 2108 of title 5.
(B) ``Vietnam-era veteran'' means an individual who
served on active duty (as defined in section 101 of
title 38) in the armed forces for more than 180
consecutive days, any part of which occurred after
August 4, 1964, and before May 8, 1975, and who was
[separated from] discharged or released from active
duty in the armed forces under honorable conditions.
(C) ``Afghanistan-Iraq war veteran'' means an
individual who served on active duty, as defined by
section 101(21) of title 38, at any time 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.
(2) A contract involving labor for carrying out an airport
development project under a grant agreement under this
subchapter must require that preference in the employment of
labor (except in executive, administrative, and supervisory
positions) be given to Vietnam-era [veterans and] veterans,
Afghanistan-Iraq war veterans, and disabled veterans when they
are available and qualified for the employment.
(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. 632)) owned and controlled by
disabled veterans.
Sec. 47113. Minority and disadvantaged business participation
(a) Definitions.--In this section--
(1) ``small business concern''--
(A) has the same meaning given that term in
section 3 of the Small Business Act (15 U.S.C.
632); but
(B) does not include a concern, or group of
concerns controlled by the same socially and
economically disadvantaged individual, that has
average annual gross receipts over the prior 3
fiscal years of more than $16,015,000, as
adjusted by the Secretary of Transportation for
inflation;
(2) ``socially and economically disadvantaged
individual'' has the same meaning given that term in
section 8(d) of the Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations prescribed under section
8(d), except that women are presumed to be socially and
economically disadvantaged; and
(3) the term ``qualified HUBZone small business
concern'' has the meaning given that term in section
3(p) of the Small Business Act (15 U.S.C. 632(o)).
(b) General Requirement.--Except to the extent the Secretary
decides otherwise, at least 10 percent of amounts available in
a fiscal year under section 48103 of this title shall be
expended with small business concerns owned and controlled by
socially and economically disadvantaged individuals or
qualified HUBZone small business concerns.
(c) Uniform Criteria.--The Secretary shall establish minimum
uniform criteria for State governments and airport sponsors to
use in certifying whether a small business concern qualifies
under this section. The criteria shall include on-site visits,
personal interviews, licenses, analyses of stock ownership and
bonding capacity, listings of equipment and work completed,
resumes of principal owners, financial capacity, and type of
work preferred.
(d) Surveys and Lists.--Each State or airport sponsor
annually shall survey and compile a list of small business
concerns referred to in subsection (b) of this section and the
location of each concern in the State.
(e) Personal Net Worth Cap.--Not later than 180 days after
the date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Secretary shall
issue final regulations to adjust the personal net worth cap
used in determining whether an individual is economically
disadvantaged for purposes of qualifying under the definition
contained in subsection (a)(2) and under section 47107(e). The
regulations shall correct for the impact of inflation since the
Small Business Administration established the personal net
worth cap at $750,000 in 1989.
(f) Exclusion of Retirement Benefits.--
(1) In general.--In calculating a business owner's
personal net worth, any funds held in a qualified
retirement account owned by the business owner shall be
excluded, subject to regulations to be issued by the
Secretary.
(2) Regulations.--Not later than one year after the
date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Secretary
shall issue final regulations to implement paragraph
(1), including consideration of appropriate safeguards,
such as a limit on the amount of such accounts, to
prevent circumvention of personal net worth
requirements.
(g) Prohibition on Excessive or Discriminatory Bonding
Requirements.--
(1) In general.--The Secretary shall establish a
program to eliminate barriers to small business
participation in airport-related contracts and
concessions by prohibiting excessive, unreasonable, or
discriminatory bonding requirements for any project
funded under this chapter or using passenger facility
revenues under section 40117.
(2) Regulations.--Not later than one year after the
date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Secretary
shall issue a final rule to establish the program under
paragraph (1).
Sec. 47114. Apportionments
(a) Definition.--In this section, ``amount subject to
apportionment'' means the amount newly made available under
section 48103 of this title for a fiscal year.
(b) Apportionment Date.--On the first day of each fiscal
year, the Secretary of Transportation shall apportion the
amount subject to apportionment for that fiscal year as
provided in this section.
(c) Amounts Apportioned to Sponsors.--
(1) Primary airports.--
(A) Apportionment.--The Secretary shall
apportion to the sponsor of each primary
airport for each fiscal year an amount equal
to--
(i) $7.80 for each of the first
50,000 passenger boardings at the
airport during the prior calendar year;
(ii) $5.20 for each of the next
50,000 passenger boardings at the
airport during the prior calendar year;
(iii) $2.60 for each of the next
400,000 passenger boardings at the
airport during the prior calendar year;
(iv) $.65 for each of the next
500,000 passenger boardings at the
airport during the prior calendar year;
and
(v) $.50 for each additional
passenger boarding at the airport
during the prior calendar year.
(B) Minimum and maximum apportionments.--Not
less than $650,000 nor more than $22,000,000
may be apportioned under subparagraph (A) of
this paragraph to an airport sponsor for a
primary airport for each fiscal year.
(C) Special rule.--In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more--
(i) the amount to be apportioned to a
sponsor under subparagraph (A) shall be
increased by doubling the amount that
would otherwise be apportioned;
(ii) the minimum apportionment to a
sponsor under subparagraph (B) shall be
$1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a
sponsor under subparagraph (B) shall be
$26,000,000 rather than $22,000,000.
(D) New airports.--Notwithstanding
subparagraph (A), the Secretary shall apportion
on the first day of the first fiscal year
following the official opening of a new airport
with scheduled passenger air transportation an
amount equal to the minimum amount set forth in
subparagraph (B) or (C), as appropriate, to the
sponsor of such airport.
(E) Use of previous fiscal year's
apportionment.--Notwithstanding subparagraph
(A), the Secretary may apportion to an airport
sponsor in a fiscal year an amount equal to the
amount apportioned to that sponsor in the
previous fiscal year if the Secretary finds
that--
(i) passenger boardings at the
airport fell below 10,000 in the
calendar year used to calculate the
apportionment;
(ii) the airport had at least 10,000
passenger boardings in the calendar
year prior to the calendar year used to
calculate apportionments to airport
sponsors in a fiscal year; [and]
(iii) the cause of the shortfall in
passenger boardings was a temporary but
significant interruption in service by
an air carrier to that airport due to
an employment action, natural disaster,
or other event unrelated to the demand
for air transportation at the affected
[airport.] airport; and
(iv) the airport received scheduled
or unscheduled air service from a large
certified air carrier (as defined in
part 241 of title 14, Code of Federal
Regulations, or such other regulations
as may be issued by the Secretary under
the authority of section 41709) and the
Secretary determines that the airport
had more than 10,000 passenger
boardings in the preceding calendar
year, based on data submitted to the
Secretary under part 241 of title 14,
Code of Federal Regulations.
(F) Special rule for fiscal years 2004 and
2005.--Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service
at an airport, the Secretary may apportion in
fiscal years 2004 and 2005 to the sponsor of
the airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2002
or 2003, whichever amount is greater, if the
Secretary finds that--
(i) the passenger boardings at the
airport were below 10,000 in calendar
year 2002 or 2003;
(ii) the airport had at least 10,000
passenger boardings and scheduled
passenger aircraft service in either
calendar year 2000 or 2001; and
(iii) the reason that passenger
boardings described in clause (i) were
below 10,000 was the decrease in
passengers following the terrorist
attacks of September 11, 2001.
(G) Special rule for [fiscal year 2006]
fiscal years 2008 through 2011._Notwithstanding
subparagraph (A) and the absence of scheduled
passenger aircraft service at an airport, the
Secretary may apportion in [fiscal year 2006]
fiscal years 2008 through 2011 to the sponsor
of the airport an amount equal to $500,000, if
the Secretary finds that--
[(i) the passenger boardings at the
airport were below 10,000 in calendar
year 2004;]
(i) the average annual passenger
boardings at the airport for calendar
years 2004 through 2006 were below
10,000 per year;
(ii) the airport had at least 10,000
passenger boardings and scheduled
passenger aircraft service in either
calendar year [2000 or 2001;] 2003; and
(iii) the reason that passenger
boardings described in clause (i) were
below 10,000 was the decrease in
passengers following the terrorist
attacks of September 11, 2001.
(H) Special rule for fiscal years 2010 and 2011.--
Notwithstanding subparagraph (A), for an airport that
had more than 10,000 passenger boardings and scheduled
passenger aircraft service in calendar year 2007, but
in either calendar years 2008 or 2009, or both years,
the number of passenger boardings decreased to a level
below 10,000 boardings per year at such airport, the
Secretary may apportion in fiscal years 2010 or 2011 to
the sponsor of such an airport an amount equal to the
amount apportioned to that sponsor in fiscal year 2009.
(2) Cargo airports.--
(A) Apportionment.--Subject to subparagraph (D), the
Secretary shall apportion an amount equal to 3.5
percent of the amount subject to apportionment each
fiscal year to the sponsors of airports served by
aircraft providing air transportation of only cargo
with a total annual landed weight of more than
100,000,000 pounds.
(B) Suballocation formula.--Any funds apportioned
under subparagraph (A) to sponsors of airports
described in subparagraph (A) shall be allocated among
those airports in the proportion that the total annual
landed weight of aircraft described in subparagraph (A)
landing at each of those airports bears to the total
annual landed weight of those aircraft landing at all
those airports.
(C) Limitation.--In any fiscal year in which the
total amount made available under section 48103 is less
than $3,200,000,000, not more than 8 percent of the
amount apportioned under subparagraph (A) may be
apportioned for any one airport.
(D) Distribution to other airports.--Before
apportioning amounts to the sponsors of airports under
subparagraph (A) for a fiscal year, the Secretary may
set-aside a portion of such amounts for distribution to
the sponsors of other airports, selected by the
Secretary, that the Secretary finds will be served
primarily by aircraft providing air transportation of
only cargo.
(E) Determination of landed weight.--Landed weight
under this paragraph is the landed weight of aircraft
landing at each airport described in subparagraph (A)
during the prior calendar year.
(d) Amounts Apportioned for General Aviation Airports.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Area.--The term ``area'' includes land
and water.
(B) Population.--The term ``population''
means the population stated in the latest
decennial census of the United States.
(2) Apportionment.--Except as provided in paragraph
(3), the Secretary shall apportion to the States 18.5
percent of the amount subject to apportionment for each
fiscal year as follows:
(A) 0.66 percent of the apportioned amount to
Guam, American Samoa, the Northern Mariana
Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in
subparagraph (A) in the proportion that the
population of each of those States bears to the
total population of all of those States.
(C) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in
subparagraph (A) in the proportion that the
area of each of those States bears to the total
area of all of those States.
(3) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
$3,200,000,000 or more, rather than making an
apportionment under paragraph (2), the Secretary shall
apportion 20 percent of the amount subject to
apportionment for each fiscal year as follows:
(A) To each airport, excluding primary
airports but including reliever and nonprimary
commercial service airports, in States the
lesser of--
(i) $150,000; or
(ii) 1/5 of the most recently
published estimate of the 5-year costs
for airport improvement for the
airport, as listed in the national plan
of integrated airport systems developed
by the Federal Aviation Administration
under section 47103.
(B) Any remaining amount to States as
follows:
(i) 0.62 percent of the remaining
amount to Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
(ii) Except as provided in paragraph
(4), 49.69 percent of the remaining
amount for airports, excluding primary
airports but including reliever and
nonprimary commercial service airports,
in States not named in clause (i) in
the proportion that the population of
each of those States bears to the total
population of all of those States.
(iii) Except as provided in paragraph
(4), 49.69 percent of the remaining
amount for airports, excluding primary
airports but including reliever and
nonprimary commercial service airports,
in States not named in clause (i) in
the proportion that the area of each of
those States bears to the total area of
all of those States.
(4) Airports in Alaska, Puerto Rico, and Hawaii.--An
amount apportioned under paragraph (2) or (3) to
Alaska, Puerto Rico, or Hawaii for airports in such
State may be made available by the Secretary for any
public airport in those respective jurisdictions.
(5) Use of state highway specifications.--
(A) In general.--The Secretary may permit the
use of State highway specifications for
airfield pavement construction using funds made
available under this subsection at nonprimary
airports with runways of 5,000 feet or shorter
serving aircraft that do not exceed 60,000
pounds gross weight if the Secretary determines
that--
(i) safety will not be negatively
affected; and
(ii) the life of the pavement will
not be shorter than it would be if
constructed using Administration
standards.
(B) Limitation.--An airport may not seek
funds under this subchapter for runway
rehabilitation or reconstruction of any such
airfield pavement constructed using State
highway specifications for a period of 10 years
after construction is completed unless the
Secretary determines that the rehabilitation or
reconstruction is required for safety reasons.
(6) Integrated airport system planning.--
Notwithstanding any other provision of this subsection,
funds made available under this subsection may be used
for integrated airport system planning that encompasses
one or more primary airports.
(e) Supplemental Apportionment for Alaska and any United
States Territory.--
(1) In general.--Notwithstanding subsections (c) and
(d) of this section, the Secretary may apportion
amounts for airports in Alaska in the way in which
amounts were apportioned in the fiscal year ending
September 30, 1980, under section 15(a) of the Act.
However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion--
(A) for each primary airport at least as much
as would be apportioned for the airport under
subsection (c)(1) of this section; and
(B) a total amount at least equal to the
minimum amount required to be apportioned to
airports in Alaska in the fiscal year ending
September 30, 1980, under section 15(a)(3)(A)
of the Act.
(2) Authority for discretionary grants.--This
subsection does not prohibit the Secretary from making
project grants for airports in Alaska from the
discretionary fund under section 47115 of this title.
(3) Airports eligible for funds.--An amount
apportioned under this subsection may be used for any
public airport in Alaska.
(4) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
$3,200,000,000 or more, the amount that may be
apportioned for airports in Alaska under paragraph (1)
shall be increased by doubling the amount that would
otherwise be apportioned.
(5) United states territory minimum guarantee.--In
any fiscal year in which the total amount apportioned
to airports in a United States Territory under
subsections (c) and (d) is less than 1.5 percent of the
total amount apportioned to all airports under those
subsections, the Secretary may apportion to the local
authority in any United States Territory responsible
for airport development projects in that fiscal year an
amount equal to the difference between 1.5 percent of
the total amounts apportioned under subsections (c) and
(d) in that fiscal year and the amount otherwise
apportioned under those subsections to airports in a
United States Territory in that fiscal year.
(f) Reducing Apportionments.--
(1) In general.--Subject to paragraph (3), an amount
that would be apportioned under this section (except
subsection (c)(2) in a fiscal year to the sponsor of an
airport having at least .25 percent of the total number
of boardings each year in the United States and for
which a fee is imposed in the fiscal year under section
40117 of this title shall be reduced by an amount equal
to--
(A) in the case of a fee of $3.00 or less, 50
percent of the projected revenues from the fee
in the fiscal year but not by more than 50
percent of the amount that otherwise would be
apportioned under this section; and
(B) in the case of a fee of more than $3.00,
75 percent of the projected revenues from the
fee in the fiscal year but not by more than 75
percent of the amount that otherwise would be
apportioned under this section.
(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take
effect until the first fiscal year following the year
in which the collection of the fee imposed under
section 40117 is begun.
(3) Special rule for transitioning airports.--
(A) In general.--Beginning with the fiscal
year following the first calendar year in which
the sponsor of an airport has more than .25
percent of the total number of boardings in the
United States, the sum of the amount that would
be apportioned under this section after
application of paragraph (1) in a fiscal year
to such sponsor and the projected revenues to
be derived from the fee in such fiscal year
shall not be less than the sum of the
apportionment to such airport for the preceding
fiscal year and the revenues derived from such
fee in the preceding fiscal year.
(B) Effective period.--Subparagraph (A) shall
be in effect for fiscal [year 2004.] years 2010
and 2011.
Sec. 47115. Discretionary fund
(a) Existence and Amounts in Fund.--The Secretary of
Transportation has a discretionary fund. The fund consists of--
(1) amounts subject to apportionment for a fiscal
year that are not apportioned under section 47114(c)-
(e) of this title; and
(2) 12.5 percent of amounts not apportioned under
section 47114 of this title because of section
47114(f).
(b) Availability of Amounts.--Subject to subsection (c) of
this section and section 47117(e) of this title, the fund is
available for making grants for any purpose for which amounts
are made available under section 48103 of this title that the
Secretary considers most appropriate to carry out this
subchapter.
(c) Minimum Percentage for Primary and Reliever Airports.--At
least 75 percent of the amount in the fund and distributed by
the Secretary in a fiscal year shall be used for making
grants--
(1) to preserve and enhance capacity, safety, and
security at primary and reliever airports; and
(2) to carry out airport noise compatibility planning
and programs at primary and reliever airports.
(d) Considerations.--
(1) For capacity enhancement projects.--In selecting
a project for a grant to preserve and improve capacity
funded in whole or in part from the fund, the Secretary
shall consider--
(A) the effect that the project will have on
overall national transportation system
capacity;
(B) the benefit and cost of the project,
including, in the case of a project at a
reliever airport, the number of operations
projected to be diverted from a primary airport
to the reliever airport as a result of the
project, as well as the cost savings projected
to be realized by users of the local airport
system;
(C) the financial commitment from non-United
States Government sources to preserve or
improve airport capacity;
(D) the airport improvement priorities of the
States to the extent such priorities are not in
conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of
passengers or aircraft that will be using the
airport at which the project will be carried
out; and
(F) the ability of the project to foster
United States competitiveness in securing
global air cargo activity at a United States
airport.
(2) For all projects.--In selecting a project for a
grant under this section, the Secretary shall consider
among other factors whether--
(A) funding has been provided for all other
projects qualifying for funding during the
fiscal year under this chapter that have
attained a higher score under the numerical
priority system employed by the Secretary in
administering the fund; and
(B) the sponsor will be able to commence the
work identified in the project application in
the fiscal year in which the grant is made or
within 6 months after the grant is made,
whichever is later.
(e) Waiving Percentage Requirement.--If the Secretary decides
the Secretary cannot comply with the percentage requirement of
subsection (c) of this section in a fiscal year because there
are insufficient qualified grant applications to meet that
percentage, the amount the Secretary determines will not be
distributed as required by subsection (c) is available for
obligation during the fiscal year without regard to the
requirement.
(f) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--
(1) General rule.--Subject to paragraph (2), in
deciding whether or not to distribute funds to an
airport from the discretionary funds established by
subsection (a) of this section and section 47116 of
this title, the Secretary shall consider as a factor
militating against the distribution of such funds to
the airport the fact that the airport is using revenues
generated by the airport or by local taxes on aviation
fuel for purposes other than capital or operating costs
of the airport or the local airports system or other
local facilities which are owned or operated by the
owner or operator of the airport and directly and
substantially related to the actual air transportation
of passengers or property.
(2) Required finding.--Paragraph (1) shall apply only
when the Secretary finds that the amount of revenues
used by the airport for purposes other than capital or
operating costs in the airport's fiscal year preceding
the date of the application for discretionary funds
exceeds the amount of such revenues in the airport's
first fiscal year ending after August 23, 1994,
adjusted by the Secretary for changes in the Consumer
Price Index of All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
(g) Minimum Amount To Be Credited.--
(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available
under section 48103 of this title, an amount that is at
least equal to the sum [of--
[(A) $148,000,000; plus
[(B) the total amount required from the fund
to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
[The amount credited is exclusive of amounts that have
been apportioned in a prior fiscal year under section
47114 of this title and that remain available for
obligation.]
of $520,000,000. The amount credited is exclusive of
amounts that have been apportioned in a prior fiscal
year under section 47114 of this title and that remain
available for obligation.
(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less
than the minimum amount to be credited under paragraph
(1), the total amount calculated under paragraph (3)
shall be reduced by an amount that, when credited to
the fund, together with the amount credited under
subsection (a), equals such minimum amount.
(3) Amount of reduction.--For a fiscal year, the
total amount available to make a reduction to carry out
paragraph (2) is the total of the amounts determined
under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),
and 47117(e) of this title. Each amount shall be
reduced by an equal percentage to achieve the
reduction.
(h) Priority for Letters of Intent.--In making grants in a
fiscal year with funds made available under this section, the
Secretary shall fulfill intentions to obligate under section
47110(e).
(i) Considerations for Project Under Expanded Security
Eligibility.--In order to assure that funding under this
subchapter is provided to the greatest needs, the Secretary, in
selecting a project described in section 47102(3)(J) for a
grant, shall consider the non-federal resources available to
sponsor, the use of such non-federal resources, and the degree
to which the sponsor is providing increased funding for the
project.
(j) Marshall Islands, Micronesia, and Palau.--For fiscal
years 2004 through [2009,] 2011, the sponsors of airports
located in the Republic of the Marshall Islands, Federated
States of Micronesia, and Republic of Palau shall be eligible
for grants under this section and section 47116.
* * * * * * *
Sec. 47117. Use of apportioned amounts
(a) Grant Purpose.--Except as provided in this section, an
amount apportioned under section 47114(c)(1) or (d)(2) of this
title is available for making grants for any purpose for which
amounts are made available under section 48103 of this title.
(b) Period of Availability.--An amount apportioned under
section 47114 of this title is available to be obligated for
grants under the apportionment only during the fiscal year for
which the amount was apportioned and the 2 fiscal years
immediately after that year or the 3 fiscal years immediately
following that year in the case of a nonhub airport or any
airport that is not a commercial service airport. If the amount
is not obligated under the apportionment within that time, it
shall be added to the discretionary fund.
(c) Primary Airports.--(1) An amount apportioned to a sponsor
of a primary airport under section 47114(c)(1) of this title is
available for grants for any public-use airport of the sponsor
included in the national plan of integrated airport systems.
(2) Waiver.--A sponsor of an airport may make an agreement
with the Secretary of Transportation waiving the sponsor's
claim to any part of the amount apportioned for the airport
under sections 47114(c) and 47114(d)(3)(A) if the Secretary
agrees to make the waived amount available for a grant for
another public-use airport in the same State or geographical
area as the airport, as determined by the Secretary.
(d) State Use.--An amount apportioned to a State under--
(1) section 47114(d)(2)(A) of this title is available
for grants for airports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is
available for grants for airports described in section
47114(d)(2)(B) or (C) and located in the State.
(e) Special Apportionment Categories.--(1) The Secretary
shall use amounts available to the discretionary fund under
section 47115 of this title for each fiscal year as follows:
(A) At least [35 percent] $300,000,000 for grants for
airport noise compatibility planning under section
47505(a)(2), for carrying out noise compatibility
programs under section 47504(c), for noise mitigation
projects approved in an environmental record of
decision for an airport development project under this
title, for compatible land use planning and projects
carried out by State and local governments under
section 47141, [and] for airport development described
in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to
comply with the Clean Air Act (42 U.S.C. 7401 [et
seq.).] et seq.), and for water quality mitigation
projects to comply with the Act of June 30, 1948 (33
U.S.C. 1251 et seq.), approved in an environmental
record of decision for an airport development project
under this title. The Secretary may count the amount of
grants made for such planning and programs with funds
apportioned under section 47114 in that fiscal year in
determining whether or not [such 35 percent requirement
is] the requirements of the preceding sentence are
being met in that fiscal year.
(B) atast 4 percent to sponsors of current
or former military airports designated by the Secretary
under section 47118(a) of this title for grants for
developing current and former military airports to
improve the capacity of the national air transportation
system and to sponsors of noncommercial service
airports for grants for operational and maintenance
expenses at any such airport if the amount of such
grants to the sponsor of the airport does not exceed
$30,000 in that fiscal year, if the Secretary
determines that the airport is adversely affected by
the closure or realignment of a military base, and if
the sponsor of the airport certifies that the airport
would otherwise close if the airport does not receive
the grant.
(C) In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or
more, at least two-thirds of 1 percent for grants to
sponsors of reliever airports which have--
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing
distance of 5,000 feet;
(iii) a precision instrument landing
procedure;
(iv) a minimum number of aircraft, to be
determined by the Secretary, based at the
airport; and
(v) been designated by the Secretary as a
reliever airport to an airport with 20,000
hours of annual delays in commercial passenger
aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be
used for grants under paragraph (1) of this subsection cannot
be used for a fiscal year because there are insufficient
qualified grant applications, the amount the Secretary
determines cannot be used is available during the fiscal year
for grants for other airports or for other purposes for which
amounts are authorized for grants under section 48103 of this
title.
(3) Priority.--The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around--
(A) Chicago O'Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport; and
(D) Ronald Reagan Washington National Airport.
(f) Discretionary Use of Apportionments.--
(1) In general.--Subject to paragraph (2), if the
Secretary finds that all or part of an amount of an
apportionment under section 47114 is not required
during a fiscal year to fund a grant for which the
apportionment may be used, the Secretary may use during
such fiscal year the amount not so required to make
grants for any purpose for which grants may be made
under section 48103. The finding may be based on the
notifications that the Secretary receives under section
47105(f) or on other information received from airport
sponsors.
(2) Restoration of apportionments.--
(A) In general.--If the fiscal year for which
a finding is made under paragraph (1) with
respect to an apportionment is not the last
fiscal year of availability of the
apportionment under subsection (b), the
Secretary shall restore to the apportionment an
amount equal to the amount of the apportionment
used under paragraph (1) for a discretionary
grant whenever a sufficient amount is made
available under section 48103.
(B) Period of availability.--If restoration
under this paragraph is made in the fiscal year
for which the finding is made or the succeeding
fiscal year, the amount restored shall be
subject to the original period of availability
of the apportionment under subsection (b). If
the restoration is made thereafter, the amount
restored shall remain available in accordance
with subsection (b) for the original period of
availability of the apportionment plus the
number of fiscal years during which a
sufficient amount was not available for the
restoration.
(3) Newly available amounts.--
(A) Restored amounts to be unavailable for
discretionary grants.--Of an amount newly
available under section 48103 of this title, an
amount equal to the amounts restored under
paragraph (2) shall not be available for
discretionary grant obligations under section
47115.
(B) Use of remaining amounts.--Subparagraph
(A) does not impair the Secretary's authority
under paragraph (1), after a restoration under
paragraph (2), to apply all or part of a
restored amount that is not required to fund a
grant under an apportionment to fund
discretionary grants.
(4) Limitations on obligations apply.--Nothing in
this subsection shall be construed to authorize the
Secretary to incur grant obligations under section
47104 for a fiscal year in an amount greater than the
amount made available under section 48103 for such
obligations for such fiscal year.
(g) Limiting Authority of Secretary.--The authority of the
Secretary to make grants during a fiscal year from amounts that
were apportioned for a prior fiscal year and remain available
for approved airport development project grants under
subsection (b) of this section may be impaired only by a law
enacted after September 3, 1982, that expressly limits that
authority.
Sec. 47118. Designating current and former military airports
(a) General Requirements.--The Secretary of Transportation
shall designate current or former military airports for which
grants may be made under section 47117(e)(1)(B) of this title.
The maximum number of airports bearing such designation at any
time is 15. The Secretary may only so designate an airport
(other than an airport so designated before August 24, 1994)
if--
(1) the airport is a former military installation
closed or realigned under--
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687
note); or
(2) the airport is a military installation with both
military and civil aircraft operations.
(b) Survey.--Not later than September 30, 1991, the Secretary
shall complete a survey of current and former military airports
to identify which airports have the greatest potential to
improve the capacity of the national air transportation system.
The survey shall identify the capital development needs of
those airports to make them part of the system and which of
those qualify for grants under section 47104 of this title.
(c) Considerations.--In carrying out this section, the
Secretary shall consider only current or former military
airports for designation under this section if a grant under
section 47117(e)(1)(B) would--
(1) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft
takeoffs and landings; [or]
(2) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight [delays.] delays; or
(3) be critical to the safety of commercial,
military, or general aviation in trans-oceanic flights.
(d) Grants.--Grants under section 47117(e)(1)(B) of this
title may be made for an airport designated under subsection
(a) of this section for the 5 fiscal years following the
designation, and for subsequent periods, each not to exceed 5
fiscal years, if the Secretary determines that the airport
satisfies the designation criteria under subsection (a) at the
beginning of each such subsequent period.
(e) Terminal Building Facilities.--From amounts the Secretary
distributes to an airport under section 47115, $10,000,000 for
each of fiscal years 2004 and 2005, and $7,000,000 for each
fiscal year thereafter, is available to the sponsor of a
current or former military airport the Secretary designates
under this section to construct, improve, or repair a terminal
building facility, including terminal gates used for revenue
passengers getting on or off aircraft. A gate constructed,
improved, or repaired under this subsection--
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f) Parking Lots, Fuel Farms, Utilities, Hangars, and Air
Cargo Terminals.--
(1) Construction.--From amounts the Secretary
distributes to an airport under section 47115,
$10,000,000 for each of fiscal years 2004 and 2005, and
$7,000,000 for each fiscal year thereafter, is
available to the sponsor of a current or former
military airport the Secretary designates under this
section to construct, improve, or repair airport
surface parking lots, fuel farms, utilities, and
hangars and air cargo terminals of an area that is
50,000 square feet or less.
(2) Reimbursement.--Upon approval of the Secretary,
the sponsor of a current or former military airport the
Secretary designates under this section may use an
amount apportioned under section 47114, or made
available under section 47115 or 47117(e)(1)(B), to the
airport for reimbursement of costs incurred by the
airport in fiscal years 2003 and 2004 for construction,
improvement, or repair described in paragraph (1).
(g) Designation of General Aviation Airport.--Notwithstanding
any other provision of this section, one of the airports
bearing a designation under subsection (a) may be a general
aviation airport that was a former military installation closed
or realigned under a section referred to in subsection (a)(1).
* * * * * * *
Sec. 47124. Agreements for State and local operation of airport
facilities
(a) Government Relief From Liability.--The Secretary of
Transportation shall ensure that an agreement under this
subchapter with a qualified entity (as determined by the
Secretary), State, or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport
facility relieves the United States Government from any
liability arising out of, or related to, acts or omissions of
employees of the entity, State, or subdivision in operating the
airport facility.
(b) Air Traffic Control Contract Program.--(1)(A) The
Secretary shall continue the low activity (Visual Flight Rules)
level I air traffic control tower contract program established
under subsection (a) of this section for towers existing on
December 30, 1987, and extend the program to other towers as
practicable.
(B) If the Secretary determines that a tower already
operating under this program has a benefit to cost ratio of
less than 1.0, the airport sponsor or State or local government
having jurisdiction over the airport shall not be required to
pay the portion of the costs that exceeds the benefit for a
period of 18 months after such determination is made.
(C) If the Secretary finds that all or part of an amount made
available to carry out the program continued under this
paragraph is not required during a fiscal year, the Secretary
may use during such fiscal year the amount not so required to
carry out the program established under paragraph (3) of this
section.
(2) The Secretary may make a contract with a qualified entity
(as determined by the Secretary) or, on a sole source basis,
with a State or a political subdivision of a State to allow the
entity, State, or subdivision to operate an airport traffic
control tower classified as a level I (Visual Flight Rules)
tower if the Secretary decides that the entity, State, or
subdivision has the capability to comply with the requirements
of this paragraph. The contract shall require that the entity,
State, or subdivision comply with applicable safety regulations
in operating the facility and with applicable competition
requirements in making a subcontract to perform work to carry
out the contract.
(3) Contract air traffic control tower program.--
(A) In general.--The Secretary shall establish a
program to contract for air traffic control services at
nonapproach control towers, as defined by the
Secretary, that do not qualify for the contract tower
program established under subsection (a) and continued
under paragraph (1) (in this paragraph referred to as
the ``Contract Tower Program'').
(B) Program components.--In carrying out the program,
the Secretary shall--
(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan data
provided by a facility owner or operator and
verified by the Secretary; and
(ii) approve for participation only
facilities willing to fund a pro rata share of
the operating costs of the air traffic control
tower to achieve a 1-to-1 benefit-to-cost ratio
using actual site-specific contract tower
operating costs in any case in which there is
an operating air traffic control tower, as
required for eligibility under the Contract
Tower Program.
(C) Priority.--In selecting facilities to participate
in the program, the Secretary shall give priority to
the following facilities:
(i) Air traffic control towers that are
participating in the Contract Tower Program but
have been notified that they will be terminated
from such program because the Secretary has
determined that the benefit-to-cost ratio for
their continuation in such program is less than
1.0.
(ii) Air traffic control towers that the
Secretary determines have a benefit-to-cost
ratio of at least .50.
(iii) Air traffic control towers of the
Federal Aviation Administration that are closed
as a result of the air traffic controllers
strike in 1981.
(iv) Air traffic control towers located at
airports or points at which an air carrier is
receiving compensation under the essential air
service program under this chapter.
(v) Air traffic control towers located at
airports that are prepared to assume partial
responsibility for maintenance costs.
(vi) Air traffic control towers located at
airports with safety or operational problems
related to topography, weather, runway
configuration, or mix of aircraft.
(vii) Air traffic control towers located at
an airport at which the community has been
operating the tower at its own expense.
(D) Costs exceeding benefits.--If the costs of
operating an air traffic tower under the program exceed
the benefits, the airport sponsor or State or local
government having jurisdiction over the airport shall
pay the portion of the costs that exceed such
[benefit.] benefits, with the maximum allowable local
cost share for FAA Part 139 certified airports capped
at 20 percent for those airports with fewer than 50,000
annual passenger enplanements.
(E) Funding.--Of the amounts appropriated pursuant to
section 106(k), not more than $6,500,000 for fiscal
2004, $7,000,000 for fiscal year 2005, $7,500,000 for
fiscal year 2006, [and] $8,000,000 for fiscal year 2007
$9,500,000 for fiscal year 2010, and $10,000,000 for
fiscal year 2011 may be used to carry out this
paragraph. If the Secretary finds that all or part of
an amount made available under this subparagraph is not
required during a fiscal year to carry out this
paragraph, the Secretary may use during such fiscal
year the amount not so required to carry out the
program continued under subsection (b)(1) of this
section.
(4) Construction of air traffic control towers.--
(A) Grants.--The Secretary may provide grants to a
sponsor of--
(i) a primary airport--
(I) from amounts made available under
sections 47114(c)(1) and 47114(c)(2)
for the construction or improvement of
a nonapproach control tower, as defined
by the Secretary, and for the
acquisition and installation of air
traffic control, communications, and
related equipment to be used in that
tower;
(II) from amounts made available
under sections 47114(c)(1) and
47114(c)(2) for reimbursement for the
cost of construction or improvement of
a nonapproach control tower, as defined
by the Secretary, incurred after
October 1, 1996, if the sponsor
complied with the requirements of
sections 47107(e), 47112(b), and
47112(c) in constructing or improving
that tower; and
(III) from amounts made available
under sections 47114(c)(1) and
47114(c)(2) for reimbursement for the
cost of acquiring and installing in
that tower air traffic control,
communications, and related equipment
that was acquired or installed after
October 1, 1996; and
(ii) a public-use airport that is not a
primary airport--
(I) from amounts made available under
sections 47114(c)(2) and 47114(d) for
the construction or improvement of a
nonapproach control tower, as defined
by the Secretary, and for the
acquisition and installation of air
traffic control, communications, and
related equipment to be used in that
tower;
(II) from amounts made available
under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of construction or improvement
of a nonapproach control tower, as
defined by the Secretary, incurred
after October 1, 1996, if the sponsor
complied with the requirements of
sections 47107(e), 47112(b), and
47112(c) in constructing or improving
that tower; and
(III) from amounts made available
under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of acquiring and installing in
that tower air traffic control,
communications, and related equipment
that was acquired or installed after
October 1, 1996.
(B) Eligibility.--An airport sponsor shall be
eligible for a grant under this paragraph only if--
(i)(I) the sponsor is a participant in the
Federal Aviation Administration contract tower
program established under subsection (a) and
continued under paragraph (1) or the pilot
program established under paragraph (3); or
(II) construction of a nonapproach control
tower would qualify the sponsor to be eligible
to participate in such program;
(ii) the sponsor certifies that it will pay
not less than 10 percent of the cost of the
activities for which the sponsor is receiving
assistance under this paragraph;
(iii) the Secretary affirmatively accepts the
proposed contract tower into a contract tower
program under this section and certifies that
the Secretary will seek future appropriations
to pay the Federal Aviation Administration's
cost of the contract to operate the tower to be
constructed under this paragraph;
(iv) the sponsor certifies that it will pay
its share of the cost of the contract to
operate the tower to be constructed under this
paragraph; and
(v) in the case of a tower to be constructed
under this paragraph from amounts made
available under section 47114(d)(2) or
47114(d)(3)(B), the Secretary certifies that--
(I) the Federal Aviation
Administration has consulted the State
within the borders of which the tower
is to be constructed and the State
supports the construction of the tower
as part of its State airport capital
plan; and
(II) the selection of the tower for
funding is based on objective criteria.
(C) Limitation on Federal share.--The Federal share
of the cost of construction of a nonapproach control
tower under this paragraph may not exceed [$1,500,000.]
$2,000,000.
(c) Safety Audits.--The Secretary shall establish uniform
standards and requirements for safety assessments of air
traffic control towers that receive funding under this section
in accordance with the Administration's safety management
system.
* * * * * * *
Sec. 47128. State block grant program
(a) General Requirements.--The Secretary of Transportation
shall prescribe [regulations] guidance to carry out a State
block grant program. The [regulations] guidance shall provide
that the Secretary may designate not more than 9 qualified
States for fiscal years 2000 and 2001 and 10 qualified States
for each fiscal year thereafter to assume administrative
responsibility for all airport grant amounts available under
this subchapter, except for amounts designated for use at
primary airports.
(b) Applications and Selection.--A State wishing to
participate in the program must submit an application to the
Secretary. The Secretary shall select a State on the basis of
its application only after--
(1) deciding the State has an organization capable of
effectively administering a block grant made under this
section;
(2) deciding the State uses a satisfactory airport
system planning process;
(3) deciding the State uses a programming process
acceptable to the Secretary;
(4) finding that the State has agreed to comply with
United States Government standard requirements for
administering the block [grant;] grant, including
Federal environmental requirements or an agreed upon
equivalent; and
(5) finding that the State has agreed to provide the
Secretary with program information the Secretary
requires.
(c) Project Analysis and Coordination Requirements.--Any
Federal agency that must approve, license, or permit a proposed
action by a participating State shall coordinate and consult
with the State. The agency shall utilize the environmental
analysis prepared by the State, provided it is adequate, or
supplement that analysis as necessary to meet applicable
Federal requirements.
[(c)] (d) Safety and Security Needs and Needs of System.--
Before deciding whether a planning process is satisfactory or a
programming process is acceptable under subsection (b)(2) or
(b)(3) of this section, the Secretary shall ensure that the
process provides for meeting critical safety and security needs
and that the programming process ensures that the needs of the
national airport system will be addressed in deciding which
projects will receive money from the Government. In carrying
out this subsection, the Secretary shall permit a State to use
the priority system of the State if such system is not
inconsistent with the national priority system.
(e) Pilot Program.--The Secretary shall establish a pilot
program for up to 3 States that do not participate in the
program established under subsection (a) that is consistent
with the program under subsection (a).
[Sec. 47129. Resolution of airport-air carrier disputes concerning
airport fees]
Sec. 47129. Resolution of airport-air carrier and foreign air carrier
disputes concerning airport fees
(a) Authority To Request Secretary's Determination.--
(1) In general.--The Secretary of Transportation
shall issue a determination as to whether a fee imposed
upon one or more air carriers or foreign air carriers
[(as defined in section 40102 of this title)] (as those
terms are defined in section 40102 of this title) by
the owner or operator of an airport is reasonable if--
(A) a written request for such determination
is filed with the Secretary by such owner or
operator; or
(B) a written complaint requesting such
determination is filed with the Secretary by an
affected air carrier or foreign air carrier
within 60 days after such carrier receives
written notice of the establishment or increase
of such fee.
(2) Calculation of fee.--A fee subject to a
determination of reasonableness under this section may
be calculated pursuant to either a compensatory or
residual fee methodology or any combination thereof.
(3) Secretary not to set fee.--In determining whether
a fee is reasonable under this section, the Secretary
may only determine whether the fee is reasonable or
unreasonable and shall not set the level of the fee.
(4) Fees imposed by privately-owned airports.--In
evaluating the reasonableness of a fee imposed by an
airport receiving an exemption under section 47134 of
this title, the Secretary shall consider whether the
airport has complied with section 47134(c)(4).
(b) Procedural Regulations.--Not later than 90 days after
August 23, 1994, the Secretary shall publish in the Federal
Register final regulations, policy statements, or guidelines
establishing--
(1) the procedures for acting upon any written
request or complaint filed under subsection (a)(1); and
(2) the standards or guidelines that shall be used by
the Secretary in determining under this section whether
an airport fee is reasonable.
(c) Decisions By Secretary.--The final regulations, policy
statements, or guidelines required in subsection (b) shall
provide the following:
(1) Not more than 120 days after an air carrier or
foreign air carrier files with the Secretary a written
complaint relating to an airport fee, the Secretary
shall issue a final order determining whether such fee
is reasonable.
(2) Within 30 days after such complaint is filed with
the Secretary, the Secretary shall dismiss the
complaint if no significant dispute exists or shall
assign the matter to an administrative law judge; and
thereafter the matter shall be handled in accordance
with part 302 of title 14, Code of Federal Regulations,
or as modified by the Secretary to ensure an orderly
disposition of the matter within the 120-day period and
any specifically applicable provisions of this section.
(3) The administrative law judge shall issue a
recommended decision within 60 days after the complaint
is assigned or within such shorter period as the
Secretary may specify.
(4) If the Secretary, upon the expiration of 120 days
after the filing of the complaint, has not issued a
final order, the decision of the administrative law
judge shall be deemed to be the final order of the
Secretary.
(5) Any party to the dispute may seek review of a
final order of the Secretary under this subsection in
the Circuit Court of Appeals for the District of
Columbia Circuit or the court of appeals in the circuit
where the airport which gives rise to the written
complaint is located.
(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported by
substantial evidence, shall be conclusive if challenged
in a court pursuant to this subsection. No objection to
such a final order shall be considered by the court
unless objection was urged before an administrative law
judge or the Secretary at a proceeding under this
subsection or, if not so urged, unless there were
reasonable grounds for failure to do so.
(d) Payment Under Protest; Guarantee of Air Carrier and
Foriegn Air Carrier Access.--
(1) Payment under protest.--
(A) In general.--Any fee increase or newly
established fee which is the subject of a
complaint that is not dismissed by the
Secretary shall be paid by the complainant air
carrier or foreign air carrier to the airport
under protest.
(B) Referral or credit.--Any amounts paid
under this subsection by a complainant air
carrier or foreign air carrier to the airport
under protest shall be subject to refund or
credit to the air carrier or foreign air
carrier in accordance with directions in the
final order of the Secretary within 30 days of
such order.
(C) Assurance of timely repayment.--In order
to assure the timely repayment, with interest,
of amounts in dispute determined not to be
reasonable by the Secretary, the airport shall
obtain a letter of credit, or surety bond, or
other suitable credit facility, equal to the
amount in dispute that is due during the 120-
day period established by this section, plus
interest, unless the airport and the
complainant air carrier agree otherwise.
(D) Deadline.--The letter of credit, or
surety bond, or other suitable credit facility
shall be provided to the Secretary within 20
days of the filing of the complaint and shall
remain in effect for 30 days after the earlier
of 120 days or the issuance of a timely final
order by the Secretary determining whether such
fee is reasonable.
(2) Guarantee of air carrier and foreign air carrier
access.--Contingent upon an air carrier's or foreign
air carrier's compliance with the requirements of
paragraph (1) and pending the issuance of a final order
by the Secretary determining the reasonableness of a
fee that is the subject of a complaint filed under
subsection (a)(1)(B), an owner or operator of an
airport may not deny an air carrier or foreign air
carrier currently providing air service at the airport
reasonable access to airport facilities or service, or
otherwise interfere with an air carrier's or foreign
air carrier's prices, routes, or services, as a means
of enforcing the fee.
(e) Applicability.--This section does not apply to--
(1) a fee imposed pursuant to a written agreement
with air carriers or foreign air carriers using the
facilities of an airport;
(2) a fee imposed pursuant to a financing agreement
or covenant entered into prior to August 23, 1994; or
(3) any other existing fee not in dispute as of
August 23, 1994.
(f) Effect On Existing Agreements.--Nothing in this section
shall adversely affect--
(1) the rights of any party under any existing
written agreement between an air carrier or foreign air
carrier and the owner or operator of an airport; or
(2) the ability of an airport to meet its obligations
under a financing agreement, or covenant, that is in
force as of August 23, 1994.
(g) Definition.--In this section, the term ``fee'' means any
rate, rental charge, landing fee, or other service charge for
the use of airport facilities.
* * * * * * *
Sec. 47131. Annual report
(a) General Rule.--Not later than [April 1] June 1 of each
year, the Secretary of Transportation shall submit to Congress
a report on activities carried out under this subchapter during
the prior fiscal year. The report shall include--
[(1) a detailed statement of airport development
completed;
[(2) the status of each project undertaken;
[(3) the allocation of appropriations;
[(4) an itemized statement of expenditures and
receipts; and]
(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; and
(4) the allocation of appropriations; and
(5) a detailed statement listing airports that the
Secretary believes are not in compliance with grant
assurances or other requirements with respect to
airport lands and including the circumstances of such
noncompliance, the timelines for corrective action, and
the corrective action the Secretary intends to take to
bring the airport sponsor into compliance.
(b) Special Rule for Listing Noncompliant Airports.--The
Secretary does not have to conduct an audit or make a final
determination before including an airport on the list referred
to in subsection (a)(5).
* * * * * * *
Sec. 47133. Restriction on use of revenues
(a) Prohibition.--Local taxes on aviation fuel (except taxes
in effect on December 30, 1987) or the revenues generated by an
airport that is the subject of Federal assistance may not be
expended for any purpose other than the capital or operating
costs of--
(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or
operated by the person or entity that owns or operates
the airport that is directly and substantially related
to the air transportation of passengers or property.
(b) Exceptions.--
(1) Subsection (a) shall not apply if a provision
enacted not later than September 2, 1982, in a law
controlling financing by the airport owner or operator,
or a covenant or assurance in a debt obligation issued
not later than September 2, 1982, by the owner or
operator, provides that the revenues, including local
taxes on aviation fuel at public airports, from any of
the facilities of the owner or operator, including the
airport, be used to support not only the airport but
also the general debt obligations or other facilities
of the owner or operator.
(2) 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 title for
the public sponsor's acquisition; and
(C) an amount equal to the remaining
unamortized portion of the original grant,
amortized over a 20-year period, is repaid to
the Secretary by the private owner for deposit
in the Trust Fund for airport acquisitions.
(3) This subsection shall apply to grants issued on
or after October 1, 1996.
(c) Rule of Construction.--Nothing in this section may be
construed to prevent the use of a State tax on aviation fuel to
support a State aviation program or the use of airport revenue
on or off the airport for a noise mitigation purpose.
* * * * * * *
Sec. 47136A. Zero emission airport vehicles and infrastructure
(a) In General.--The Secretary of Transportation shall
establish a pilot program under which the sponsor of a public-
use airport may use funds made available under section 47117 or
section 48103 for use at such airports or passenger facility
revenue (as defined in section 40117(a)(6)) to carry out
activities associated with the acquisition and operation of
zero emission vehicles (as defined in section 88.120-94 of
title 40, Code of Federal Regulations), including the
construction or modification of infrastructure to facilitate
the delivery of fuel and services necessary for the use of such
vehicles. Any use of funds authorized by the preceding sentence
shall be considered to be an authorized use of funds under
section 47117 or section 48103, or an authorized use of
passenger facility revenue (as defined in section 40117(a)(6)),
as the case may be.
(b) Location in Air Quality Nonattainment Areas.--
(1) In general.--A public-use airport shall be
eligible for participation in the pilot program only if
the airport is located in an air quality nonattainment
area (as defined in section 171(2) of the Clean Air Act
(42 U.S.C. 7501(2))).
(2) Shortage of candidates.--If the Secretary
receives an insufficient number of applications from
public-use airports located in such areas, then the
Secretary may consider applications from public-use
airports that are not located in such areas.
(c) Selection Criteria.--In selecting from among applicants
for participation in the program, the Secretary shall give
priority consideration to applicants that will achieve the
greatest air quality benefits measured by the amount of
emissions reduced per dollar of funds expended under the
program.
(d) Federal Share.--Notwithstanding any other provision of
this subchapter, the Federal share of the costs of a project
carried out under the program shall be 50 percent.
(e) Technical Assistance.--
(1) In general.--The sponsor of a public-use airport
carrying out activities funded under the program may
not use more than 10 percent of the amounts made
available under the program in any fiscal year for
technical assistance in carrying out such activities.
(2) Eligible consortium.--To the maximum extent
practicable, participants in the program shall use an
eligible consortium (as defined in section 5506 of this
title) in the region of the airport to receive
technical assistance described in paragraph (1).
(f) Materials Identifying Best Practices.--The Secretary may
develop and make available materials identifying best practices
for carrying out activities funded under the program based on
projects carried out under section 47136 and other sources.
[Sec. 47137. Airport security program
[(a) General Authority.--To improve security at public
airports in the United States, the Secretary of Transportation
shall carry out not less than one project to test and evaluate
innovative aviation security systems and related technology.
[(b) Priority.--In carrying out this section, the Secretary
shall give the highest priority to a request from an eligible
sponsor for a grant to undertake a project that--
[(1) evaluates and tests the benefits of innovative
aviation security systems or related technology,
including explosives detection systems, for the purpose
of improving aviation and aircraft physical security,
access control, and passenger and baggage screening;
and
[(2) provides testing and evaluation of airport
security systems and technology in an operational,
testbed environment.
[(c) Matching Share.--Notwithstanding section 47109, the
United States Government's share of allowable project costs for
a project under this section shall be 100 percent.
[(d) Terms and Conditions.--The Secretary may establish such
terms and conditions as the Secretary determines appropriate
for carrying out a project under this section, including terms
and conditions relating to the form and content of a proposal
for a project, project assurances, and schedule of payments.
[(e) Administration.--The Secretary, in cooperation with the
Secretary of Homeland Security, shall administer the program
authorized by this section.
[(f) Eligible Sponsor Defined.--In this section, the term
``eligible sponsor'' means a nonprofit corporation composed of
a consortium of public and private persons, including a sponsor
of a primary airport, with the necessary engineering and
technical expertise to successfully conduct the testing and
evaluation of airport and aircraft related security systems.
[(g) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal
year, the Secretary shall make available not less than
$5,000,000 for the purpose of carrying out this section.]
* * * * * * *
Sec. 47139. Emission credits for air quality projects
(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall issue guidance on how to ensure that
airport sponsors receive appropriate emission reduction credits
for carrying out projects described in sections 40117(a)(3)(G),
[47102(3)(F),] 47102(3)(K), and 47102(3)(L). Such guidance
shall include, at a minimum, the following conditions:
(1) The provision of credits is consistent with the
Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions
are kept by the airport sponsor and may only be used
for purposes of any current or future general
conformity determination under the Clean Air Act or as
offsets under the Environmental Protection Agency's new
source review program for projects on the airport or
associated with the airport.
(3) Credits are calculated and provided to airports
on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a
timely manner.
(5) The establishment of a method to assure the
Secretary that, for any specific airport project for
which funding is being requested, the appropriate
credits will be granted.
(b) Assurance of Receipt of Credits.--As a condition for
making a grant for a project described in section [47102(3)(F),
47102(3)(K), 47102(3)(L), or 47140] 47102(3)(K) or 47102(3)(L)
or as a condition for granting approval to collect or use a
passenger facility fee for a project described in section
[40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L), or
47140,] 40117(a)(3)(G), 47102(3)(K), or 47102(3)(L), the
Secretary must receive assurance from the State in which the
project is located, or from the Administrator of the
Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive
appropriate emission credits in accordance with the conditions
of this section.
(c) Previously Approved Projects.--The Administrator of the
Environmental Protection Agency, in consultation with the
Secretary, shall determine how to provide appropriate emissions
credits to airport projects previously approved under section
47136 consistent with the guidance and conditions specified in
subsection (a).
(d) State Authority Under CAA.--Nothing in this section
shall be construed as overriding existing State law or
regulation pursuant to section 116 of the Clean Air Act (42
U.S.C. 7416).
* * * * * * *
Sec. 47140A. Reduction of emissions from airport power sources
(a) In General.--The Secretary of Transportation shall
establish a program under which the sponsor of each airport
eligible to receive grants under section 48103 is encouraged to
assess the airport's energy requirements, including heating and
cooling, base load, back-up power, and power for on-road
airport vehicles and ground support equipment, in order to
identify opportunities to reduce harmful emissions and increase
energy efficiency at the airport.
(b) Grants.--The Secretary may make grants under section
48103 to assist airport sponsors that have completed the
assessment described in subsection (a) to acquire or construct
equipment, including hydrogen equipment and related
infrastructure, that will reduce harmful emissions and increase
energy efficiency at the airport. To be eligible for such a
grant, the sponsor of such an airport shall submit an
application to the Secretary, at such time, in such manner, and
containing such information as the Secretary may require.
Sec. 47143. Environmental mitigation demonstration pilot program
(a) In General.--The Secretary of Transportation shall carry
out a pilot program involving not more than 6 projects at
public-use airports under which the Secretary may make grants
to sponsors of such airports from funds apportioned under
paragraph 47117(e)(1)(A) for use at such airports for
environmental mitigation demonstration projects that will
measurably reduce or mitigate aviation impacts on noise, air
quality or water quality in the vicinity of the airport.
Notwithstanding any other provision of this subchapter, an
environmental mitigation demonstration project approved under
this section shall be treated as eligible for assistance under
this subchapter.
(b) Participation in Pilot Program.--A public-use airport
shall be eligible for participation in the pilot.
(c) Selection Criteria.--In selecting from among applicants
for participation in the pilot program, the Secretary may give
priority consideration to environmental mitigation
demonstration projects that--
(1) will achieve the greatest reductions in aircraft
noise, airport emissions, or airport water quality
impacts either on an absolute basis, or on a per-
dollar-of-funds expended basis; and
(2) will be implemented by an eligible consortium.
(d) Federal Share.--Notwithstanding any other provision of
this subchapter, the United States Government's share of the
costs of a project carried out under this section shall be 50
percent.
(e) Maximum Amount.--Not more than $2,500,000 may be made
available by the Secretary in grants under this section for any
single project.
(f) Identifying Best Practices.--The Administrator may
develop and publish information identifying best practices for
reducing or mitigating aviation impacts on noise, air quality,
or water quality in the vicinity of airports, based on the
projects carried out under the pilot program.
(g) Definitions.--In this section:
(1) Eligible consortium.--The term ``eligible
consortium'' means a consortium that comprises 2 or
more of the following entities:
(A) Businesses operating in the United
States.
(B) Public or private educational or research
organizations located in the United States.
(C) Entities of State or local governments in
the United States.
(D) Federal laboratories.
(2) Environmental mitigation demonstration project.--
The term ``environmental mitigation demonstration
project'' means a project that--
(A) introduces new conceptual environmental
mitigation techniques or technology with
associated benefits, which have already been
proven in laboratory demonstrations;
(B) proposes methods for efficient adaptation
or integration of new concepts to airport
operations; and
(C) will demonstrate whether new techniques
or technology for environmental mitigation
identified in research are--
(i) practical to implement at or near
multiple public use airports; and
(ii) capable of reducing noise,
airport emissions, or water quality
impacts in measurably significant
amounts.
* * * * * * *
SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
Sec. 47151. Authority to transfer an interest in surplus property
(a) General Authority.--Subject to sections 47152 and 47153
of this title, a department, agency, or instrumentality of the
executive branch of the United States Government or a wholly
owned Government corporation may convey to a State, political
subdivision of a State, or tax-supported organization any
interest in surplus property--
(1) that the Secretary of Transportation decides is--
(A) desirable for developing, improving,
operating, or maintaining a public airport (as
defined in section 47102 of this title);
(B) reasonably necessary to fulfill the
immediate and foreseeable future requirements
for developing, improving, operating, or
maintaining a public airport; or
(C) needed for developing sources of revenue
from nonaviation businesses at a public
airport; and
(2) if the Administrator of General Services approves
the conveyance and decides the interest is not best
suited for industrial use.
(b) Ensuring Compliance.--Only the Secretary may ensure
compliance with an instrument conveying an interest in surplus
property under this subchapter. The Secretary may amend the
instrument to correct the instrument or to make the conveyance
comply with law.
(c) Disposing of Interests Not Conveyed Under This
Subchapter.--An interest in surplus property that could be used
at a public airport but that is not conveyed under this
subchapter shall be disposed of under other applicable law.
(d) Waiver of Condition.--Before the Secretary may waive any
condition imposed on an interest in surplus property conveyed
under subsection (a) that such interest be used for an
aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before waiving such condition.
(e) Requests by Public Agencies.--Except with respect to a
request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such a
department, agency, or instrumentality shall give priority
consideration to a request made by a public agency (as defined
in section 47102) for surplus property described in subsection
(a) [(other than real property that is subject to section 2687
of title 10, section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10 U.S.C. 2687
note),] or section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note)) for use at a
public airport.
* * * * * * *
SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
Sec. 47173. Airport funding of FAA staff
(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding
any other provision of law, the Administrator of the Federal
Aviation Administration may accept funds from an airport
sponsor, including funds provided to the sponsor under section
47114(c), to hire additional staff or obtain the services of
consultants in order to facilitate the timely processing,
review, and completion of environmental activities associated
with an airport development [project.] project, or to conduct
special environmental studies related to a federally funded
airport project or for special studies or reviews to support
approved noise compatibility measures in a Part 150 program or
environmental mitigation in a Federal Aviation Administration
Record of Decision or Finding of No Significant Impact.
(b) Administrative Provision.--Instead of payment from an
airport sponsor from funds apportioned to the sponsor under
section 47114, the Administrator, with agreement of the
sponsor, may transfer funds that would otherwise be apportioned
to the sponsor under section 47114 to the account used by the
Administrator for activities described in subsection (a).
(c) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section, except funds transferred pursuant to
subsection (b)--
(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the funds are accepted;
(2) shall be available for expenditure only to pay
the costs of activities and services for which the
funds are accepted; and
(3) shall remain available until expended.
(d) Maintenance of Effort.--No funds may be accepted pursuant
to subsection (a), or transferred pursuant to subsection (b),
in any fiscal year in which the Federal Aviation Administration
does not allocate at least the amount it expended in fiscal
year 2002 (excluding amounts accepted pursuant to section 337
of the Department of Transportation and Related Agencies
Appropriations Act, 2002 (115 Stat. 862)) for the activities
described in subsection (a).
* * * * * * *
Sec. 47175. Definitions
In this subchapter, the following definitions apply:
(1) Airport sponsor.--The term ``airport sponsor''
has the meaning given the term ``sponsor'' under
section 47102.
(2) Congested airport.--The term ``congested
airport'' means an airport that accounted for at least
1 percent of all delayed aircraft operations in the
United States in the most recent year for which such
data is available and an airport listed in table 1 of
the Federal Aviation Administration's [Airport Capacity
Benchmark Report 2001.] 2001 and 2004 Airport Capacity
Benchmark Reports or of the most recent Benchmark
report, Future Airport Capacity Task Report, or other
comparable FAA report.
(3) Airport capacity enhancement project.--The term
``airport capacity enhancement project'' means--
(A) a project for construction or extension
of a runway, including any land acquisition,
taxiway, or safety area associated with the
runway or runway extension; and
(B) such other airport development projects
as the Secretary may designate as facilitating
a reduction in air traffic congestion and
delays.
(4) Aviation safety project.--The term ``aviation
safety project'' means an aviation project that--
(A) has as its primary purpose reducing the
risk of injury to persons or damage to aircraft
and property, as determined by the
Administrator; and
(B)(i) is needed to respond to a
recommendation from the National Transportation
Safety Board, as determined by the
Administrator; or
(ii) is necessary for an airport to comply
with part 139 of title 14, Code of Federal
Regulations (relating to airport
certification).
(5) Aviation security project.--The term ``aviation
security project'' means a security project at an
airport required by the Department of Homeland
Security.
(6) Federal agency.--The term ``Federal agency''
means a department or agency of the United States
Government.
(7) Joint use airport.--The term ``joint use
airport'' means an airport owned by the United States
Department of Defense, at which both military and
civilian aircraft make shared use of the airfield.
CHAPTER 475. NOISE
SUBCHAPTER I--NOISE ABATEMENT
Sec. 47504. Noise compatibility programs
(a) Submissions.--(1) An airport operator that submitted a
noise exposure map and related information under section
47503(a) of this title may submit a noise compatibility program
to the Secretary of Transportation after--
(A) consulting with public agencies and planning
authorities in the area surrounding the airport, United
States Government officials having local responsibility
for the airport, and air carriers using the airport;
and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this
subsection shall state the measures the operator has taken or
proposes to take to reduce existing noncompatible uses and
prevent introducing additional noncompatible uses in the area
covered by the map. The measures may include--
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or
class of aircraft because of the noise characteristics
of the aircraft;
(C) constructing barriers and acoustical shielding
and soundproofing public buildings;
(D) using flight procedures to control the operation
of aircraft to reduce exposure of individuals to noise
in the area surrounding the airport; [and]
(E) acquiring land, air rights, easements,
development rights, and other interests to ensure that
the property will be used in ways compatible with
airport [operations.] operations; and
(F) joint comprehensive land use planning including
master plans, traffic studies, environmental evaluation
and economic and feasibility studies, with neighboring
local jurisdictions undertaking community redevelopment
in the area where the land or other property interest
acquired by the airport operator pursuant to this
subsection is located, to encourage and enhance
redevelopment opportunities that reflect zoning and
uses that will prevent the introduction of additional
incompatible uses and enhance redevelopment potential.
(b) Approvals.--(1) The Secretary shall approve or disapprove
a program submitted under subsection (a) of this section
(except as the program is related to flight procedures referred
to in subsection (a)(2)(D) of this section) not later than 180
days after receiving it. The Secretary shall approve the
program (except as the program is related to flight procedures
referred to in subsection (a)(2)(D)) if the program--
(A) does not place an unreasonable burden on
interstate or foreign commerce;
(B) is reasonably consistent with achieving the goal
of reducing noncompatible uses and preventing the
introduction of additional noncompatible uses; and
(C) provides for necessary revisions because of a
revised map submitted under section 47503(b) of this
title.
(2) A program (except as the program is related to flight
procedures referred to in subsection (a)(2)(D) of this section)
is deemed to be approved if the Secretary does not act within
the 180-day period.
(3) The Secretary shall submit any part of a program related
to flight procedures referred to in subsection (a)(2)(D) of
this section to the Administrator of the Federal Aviation
Administration. The Administrator shall approve or disapprove
that part of the program.
(4) The Secretary shall not approve in fiscal years 2004
through 2007 a program submitted under subsection (a) if the
program requires the expenditure of funds made available under
section 48103 for mitigation of aircraft noise less than 65
DNL.
(c) Grants.--(1) The Secretary may incur obligations to make
grants from amounts available under section 48103 of this title
to carry out a project under a part of a noise compatibility
program approved under subsection (b) of this section. A grant
may be made to--
(A) an airport operator submitting the program; and
(B) a unit of local government in the area
surrounding the airport, if the Secretary decides the
unit is able to carry out the project.
(2) Soundproofing and acquisition of certain residential
buildings and properties.--The Secretary may incur obligations
to make grants from amounts made available under section 48103
of this title--
(A) for projects to soundproof residential
buildings--
(i) if the airport operator received approval
for a grant for a project to soundproof
residential buildings pursuant to section
301(d)(4)(B) of the Airport and Airway Safety
and Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated
noise exposure contours, as required by the
Secretary; and
(iii) if the Secretary determines that the
proposed projects are compatible with the
purposes of this chapter;
(B) to an airport operator and unit of local
government referred to in paragraph (1)(A) or (1)(B) of
this subsection to soundproof residential buildings
located on residential properties, and to acquire
residential properties, at which noise levels are not
compatible with normal operations of an airport--
(i) if the airport operator amended an
existing local aircraft noise regulation during
calendar year 1993 to increase the maximum
permitted noise levels for scheduled air
carrier aircraft as a direct result of
implementation of revised aircraft noise
departure procedures mandated for aircraft
safety purposes by the Administrator of the
Federal Aviation Administration for
standardized application at airports served by
scheduled air carriers;
(ii) if the airport operator submits updated
noise exposure contours, as required by the
Secretary; and
(iii) if the Secretary determines that the
proposed projects are compatible with the
purposes of this chapter;
(C) to an airport operator and unit of local
government referred to in paragraph (1)(A) or (1)(B) of
this subsection to carry out any part of a program
developed before February 18, 1980, or before
implementing regulations were prescribed, if the
Secretary decides the program is substantially
consistent with reducing existing noncompatible uses
and preventing the introduction of additional
noncompatible uses and the purposes of this chapter
will be furthered by promptly carrying out the program;
(D) to an airport operator and unit of local
government referred to in paragraph (1)(A) or (1)(B) of
this subsection to soundproof a building in the noise
impact area surrounding the airport that is used
primarily for educational or medical purposes and that
the Secretary decides is adversely affected by airport
noise; and
(E) to an airport operator of a congested airport (as
defined in section 47175) and a unit of local
government referred to in paragraph (1)(B) of this
subsection to carry out a project to mitigate noise in
the area surrounding the airport if the project is
included as a commitment in a record of decision of the
Federal Aviation Administration for an airport capacity
enhancement project (as defined in section 47175) even
if that airport has not met the requirements of part
150 of title 14, Code of Federal Regulations.
(3) An airport operator may agree to make a grant made under
paragraph (1)(A) of this subsection available to a public
agency in the area surrounding the airport if the Secretary
decides the agency is able to carry out the project.
(4) The Government's share of a project for which a grant is
made under this subsection is the greater of--
(A) 80 percent of the cost of the project; or
(B) the Government's share that would apply if the
amounts available for the project were made available
under subchapter I of chapter 471 of this title for a
project at the airport.
(5) The provisions of subchapter I of chapter 471 of this
title related to grants apply to a grant made under this
chapter, except--
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is
inconsistent with, or unnecessary to carry out, this
chapter.
(6) Aircraft noise primarily caused by military aircraft.--
The Secretary may make a grant under this subsection for a
project even if the purpose of the project is to mitigate the
effect of noise primarily caused by military aircraft at an
airport.
(d) Government Relief From Liability.--The Government is not
liable for damages from aviation noise because of action taken
under this section.
(e) Grants for Assessment of Flight Procedures.--
(1) The Secretary is authorized in accordance with
subsection (c)(1) to make a grant to an airport
operator to assist in completing environmental review
and assessment activities for proposals to implement
flight procedures that have been approved for airport
noise compatibility planning purposes under subsection
(b).
(2) The Administrator of the Federal Aviation
Administration may accept funds from an airport
sponsor, including funds provided to the sponsor under
paragraph (1), to hire additional staff or obtain the
services of consultants in order to facilitate the
timely processing, review and completion of
environmental activities associated with proposals to
implement flight procedures submitted and approved for
airport noise compatibility planning purposes in
accordance with this section. Funds received under this
authority shall not be subject to the procedures
applicable to the receipt of gifts by the
Administrator.
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
47531. Penalties for violating sections 47528-47530
A person violating section 47528, [47529, or 47530] 47529,
47530, or 47534 of this title or a regulation prescribed under
any of those sections is subject to the same civil penalties
and procedures under chapter 463 of this title as a person
violating section 44701(a) or (b) or any of sections 44702-
44716 of this title.47532. Judicial review
An action taken by the Secretary of Transportation under any
of sections [47528-47531] 47528 through 47531 or 47534 of this
title is subject to judicial review as provided under section
46110 of this title.
Sec. 47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with Stage 3 noise
levels
(a) Prohibition.--Except as provided in subsection (b), (c),
or (d), a person may not operate a civil subsonic turbojet with
a maximum weight of 75,000 pounds or less to or from an airport
in the United States unless the Secretary of Transportation
finds that the aircraft complies with stage 3 noise levels.
(b) Exception.--Subsection (a) shall not apply to aircraft
operated only outside the 48 contiguous States.
(c) Opt-Out.--Subsection (a) shall not apply at an airport
where the airport operator has notified the Secretary that it
wants to continue to permit the operation of civil subsonic
turbojets with a maximum weight of 75,000 pounds or less that
do not comply with stage 3 noise levels. The Secretary shall
post the notices received under this subsection on its website
or in another place easily accessible to the public.
(d) Limitation.--The Secretary shall permit a person to
operate Stage 1 and Stage 2 aircraft with a maximum weight of
75,000 pounds or less to or from an airport in the contiguous
48 States in order--
(1) to sell, lease, or use the aircraft outside the
48 contiguous States;
(2) to scrap the aircraft;
(3) to obtain modifications to the aircraft to meet
stage 3 noise levels;
(4) to perform scheduled heavy maintenance or
significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
states;
(5) to deliver the aircraft to an operator leasing
the aircraft from the owner or return the aircraft to
the lessor;
(6) to prepare or park or store the aircraft in
anticipation of any of the activities described in
paragraphs (1) through (5); or
(7) to divert the aircraft to an alternative airport
in the 48 contiguous States on account of weather,
mechanical, fuel air traffic control or other safety
reasons while conducting a flight in order to perform
any of the activities described in paragraphs (1)
through (6).
(e) Statutory Construction.--Nothing in the section may be
construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of
Federal Regulations, that were pending on the date of enactment
of the Aircraft Noise Reduction Act of 2006.
* * * * * * *
PART C--FINANCING
CHAPTER 481 AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
Sec. 48101. Air navigation facilities and equipment
(a) General Authorization of Appropriations.--Not more than a
total of the following amounts may be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and
improve air navigation facilities under section 44502(a)(1)(A)
of this title:
[(1) $3,138,000,000 for fiscal year 2004;
[(2) $2,993,000,000 for fiscal year 2005;
[(3) $3,053,000,000 for fiscal year 2006;
[(4) $3,110,000,000 for fiscal year 2007; and
[(5) $2,742,095,000 for fiscal year 2009.]
(1) $3,500,000,000 for fiscal year 2010, of which
$500,000,000 is derived from the Air Traffic Control
System Modernization Account of the Airport and Airways
Trust Fund; and
(2) $3,600,000,000 for fiscal year 2011, of which
$500,000,000 is derived from the Air Traffic Control
System Modernization Account of the Airport and Airways
Trust Fund.
(b) Availability of Amounts.--Amounts appropriated under this
section remain available until expended.
(c) Enhanced Safety and Security for Aircraft Operations in
the Gulf of Mexico.--Of amounts appropriated under subsection
(a), such sums as may be necessary for fiscal years 2004
through 2007 may be used to expand and improve the safety,
efficiency, and security of air traffic control, navigation,
low altitude communications and surveillance, and weather
services in the Gulf of Mexico.
(d) Operational Benefits of Wake Vortex Advisory System.--Of
amounts appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be
used for the development and analysis of wake vortex advisory
systems.
(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 to 2007 may be used to
establish a program for the installation of a precision
approach aid designed to improve aircraft accessibility at
mountainous airports with limited land if the approach aid is
able to provide curved and segmented approach guidance for
noise abatement purposes and other such approach aids and is
certified or approved by the Administrator.
(f) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Of the amounts appropriated under
subsection (a), such sums as may be necessary may be used for
the implementation and use of upgrades to the current automated
surface observation system/automated weather observing system,
if the upgrade is successfully demonstrated.
(g) Life-Cycle Cost Estimates.--The Administrator of the
Federal Aviation Administration shall establish life-cycle cost
estimates for any air traffic control modernization project the
total life-cycle costs of which equal or exceed $50,000,000.
(h) Standby Power Efficiency Program.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be
used by the Secretary of Transportation, in cooperation with
the Secretary of Energy and, where applicable, the Secretary of
Defense, to establish a program to improve the efficiency, cost
effectiveness, and environmental performance of standby power
systems at Federal Aviation Administration sites, including the
implementation of fuel cell technology.
(i) Pilot Program To Provide Incentives for Development of
New Technologies.--Of amounts appropriated under subsection
(a), $500,000 for fiscal year 2004 may be used for the conduct
of a pilot program to provide operating incentives to users of
the airspace for the deployment of new technologies, including
technologies to facilitate expedited flight routing and
sequencing of takeoffs and landings.
Sec. 48102. Research and development
[(a) Authorization of Appropriations.--Not more than the
following amounts may be appropriated to the Secretary of
Transportation out of the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of
1986 (26 U.S.C. 9502) for conducting civil aviation research
and development under sections 44504, 44505, 44507, 44509, and
44511-44513 of this title:
[(1) for fiscal year 1995--
[(A) $7,673,000 for management and analysis
projects and activities;
[(B) $80,901,000 for capacity and air traffic
management technology projects and activities;
[(C) $39,242,000 for communications,
navigation, and surveillance projects and
activities;
[(D) $2,909,000 for weather projects and
activities;
[(E) $8,660,000 for airport technology
projects and activities;
[(F) $51,004,000 for aircraft safety
technology projects and activities;
[(G) $36,604,000 for system security
technology projects and activities;
[(H) $26,484,000 for human factors and
aviation medicine projects and activities;
[(I) $8,124,000 for environment and energy
projects and activities; and
[(J) $5,199,000 for innovative/cooperative
research projects and activities;
[(2) for fiscal year 1996--
[(A) $8,056,000 for management and analysis
projects and activities;
[(B) $84,946,000 for capacity and air traffic
management technology projects and activities;
[(C) $41,204,000 for communications,
navigation, and surveillance projects and
activities;
[(D) $3,054,000 for weather projects and
activities;
[(E) $9,093,000 for airport technology
projects and activities;
[(F) $53,554,000 for aircraft safety
technology projects and activities;
[(G) $38,434,000 for system security
technology projects and activities;
[(H) $27,808,000 for human factors and
aviation medicine projects and activities;
[(I) $8,532,000 for environment and energy
projects and activities; and
[(J) $5,459,000 for innovative/cooperative
research projects and activities;
[(3) for fiscal year 1997--
[(A) $13,660,000 for system development and
infrastructure projects and activities;
[(B) $34,889,000 for capacity and air traffic
management technology projects and activities;
[(C) $19,000,000 for communications,
navigation, and surveillance projects and
activities;
[(D) $13,000,000 for weather projects and
activities;
[(E) $5,200,000 for airport technology
projects and activities;
[(F) $36,504,000 for aircraft safety
technology projects and activities;
[(G) $57,055,000 for system security
technology projects and activities;
[(H) $23,504,000 for human factors and
aviation medicine projects and activities;
[(I) $3,600,000 for environment and energy
projects and activities; and
[(J) $2,000,000 for innovative/cooperative
research projects and activities;
[(4) for fiscal year 1998, $226,800,000, including--
[(A) $16,379,000 for system development and
infrastructure projects and activities;
[(B) $27,089,000 for capacity and air traffic
management technology projects and activities;
[(C) $23,362,000 for communications,
navigation, and surveillance projects and
activities;
[(D) $16,600,000 for weather projects and
activities;
[(E) $7,854,000 for airport technology
projects and activities;
[(F) $49,202,000 for aircraft safety
technology projects and activities;
[(G) $53,759,000 for system security
technology projects and activities;
[(H) $26,550,000 for human factors and
aviation medicine projects and activities;
[(I) $2,891,000 for environment and energy
projects and activities; and
[(J) $3,114,000 for innovative/cooperative
research projects and activities, of which
$750,000 shall be for carrying out the grant
program established under subsection (h);
[(5) for fiscal year 1999, $229,673,000;
[(6) for fiscal year 2000, $224,000,000, including--
[(A) $17,269,000 for system development and
infrastructure projects and activities;
[(B) $33,042,500 for capacity and air traffic
management technology projects and activities;
[(C) $11,265,400 for communications,
navigation, and surveillance projects and
activities;
[(D) $19,300,000 for weather projects and
activities;
[(E) $6,358,200 for airport technology
projects and activities;
[(F) $44,457,000 for aircraft safety
technology projects and activities;
[(G) $53,218,000 for system security
technology projects and activities;
[(H) $26,207,000 for human factors and
aviation medicine projects and activities;
[(I) $3,481,000 for environment and energy
projects and activities; and
[(J) $2,171,000 for innovative/cooperative
research projects and activities, of which
$750,000 shall be for carrying out subsection
(h);
[(7) for fiscal year 2001, $237,000,000;
[(8) for fiscal year 2002, $249,000,000; and
[(9) for fiscal year 2004, $346,317,000, including--
[(A) $65,000,000 for Improving Aviation
Safety;
[(B) $24,000,000 for Weather Safety Research;
[(C) $27,500,000 for Human Factors and
Aeromedical Research;
[(D) $30,000,000 for Environmental Research
and Development, of which $20,000,000 shall be
for research activities related to reducing
community exposure to civilian aircraft noise
or emissions;
[(E) $7,000,000 for Research Mission Support;
[(F) $10,000,000 for the Airport Cooperative
Research Program;
[(G) $1,500,000 for carrying out subsection
(h) of this section;
[(H) $42,800,000 for Advanced Technology
Development and Prototyping;
[(I) $30,300,000 for Safe Flight 21;
[(J) $90,800,000 for the Center for Advanced
Aviation System Development;
[(K) $9,667,000 for Airports Technology-
Safety; and
[(L) $7,750,000 for Airports Technology-
Efficiency;
[(10) for fiscal year 2005, $356,192,000, including--
[(A) $65,705,000 for Improving Aviation
Safety;
[(B) $24,260,000 for Weather Safety Research;
[(C) $27,800,000 for Human Factors and
Aeromedical Research;
[(D) $30,109,000 for Environmental Research
and Development, of which $20,000,000 shall be
for research activities related to reducing
community exposure to civilian aircraft noise
or emissions;
[(E) $7,076,000 for Research Mission Support;
[(F) $10,000,000 for the Airport Cooperative
Research Program;
[(G) $1,650,000 for carrying out subsection
(h) of this section;
[(H) $43,300,000 for Advanced Technology
Development and Prototyping;
[(I) $31,100,000 for Safe Flight 21;
[(J) $95,400,000 for the Center for Advanced
Aviation System Development;
[(K) $2,200,000 for Free Flight Phase 2;
[(L) $9,764,000 for Airports Technology-
Safety; and
[(M) $7,828,000 for Airports Technology-
Efficiency;
[(11) for fiscal year 2006, $352,157,000, including--
[(A) $66,447,000 for Improving Aviation
Safety;
[(B) $24,534,000 for Weather Safety Research;
[(C) $28,114,000 for Human Factors and
Aeromedical Research;
[(D) $30,223,000 for Environmental Research
and Development, of which $20,000,000 shall be
for research activities related to reducing
community exposure to civilian aircraft noise
or emissions;
[(E) $7,156,000 for Research Mission Support;
[(F) $10,000,000 for the Airport Cooperation
Research Program;
[(G) $1,815,000 for carrying out subsection
(h) of this section;
[(H) $42,200,000 for Advanced Technology
Development and Prototyping;
[(I) $23,900,000 for Safe Flight 21;
[(J) $100,000,000 for the Center for Advanced
Aviation System Development;
[(K) $9,862,000 for Airports Technology-
Safety;
[(L) $7,906,000 for Airports Technology-
Efficiency; and
[(12) for fiscal year 2007, $356,261,000, including--
[(A) $67,244,000 for Improving Aviation
Safety;
[(B) $24,828,000 for Weather Safety Research;
v(C) $28,451,000 for Human Factors and
Aeromedical Research;
v(D) $30,586,000 for Environmental Research
and Development, of which $20,000,000 shall be
for research activities related to reducing
community exposure to civilian aircraft noise
or emissions;
[(E) $7,242,000 for Research Mission Support;
[(F) $10,000,000 for the Airport Cooperation
Research Program;
[(G) $1,837,000 for carrying out subsection
(h) of this section;
[(H) $42,706,000 for Advanced Technology
Development and Prototyping;
[(I) $24,187,000 for Safe Flight 21;
[(J) $101,200,000 for the Center for Advanced
Aviation System Development;
[(K) $9,980,000 for Airports Technology-
Safety; and
[(L) $8,000,000 for Airports Technology-
Efficiency; and
[(13) $171,000,000 for fiscal year 2009.]
(a) In General.--Not more than the following amounts may be
appropriated to the Secretary of Transportation out of the
Airport and Airway Trust Fund established under section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502) for
conducting civil aviation research and development under
sections 44504, 44505, 44507, 44509, and 44511 through 44513 of
this title:
(1) $200,000,000 for fiscal year 2010.
(2) $206,000,000 for fiscal year 2011.
(b) Research Priorities.--(1) The Administrator shall
consider the advice and recommendations of the research
advisory committee established by section 44508 of this title
in establishing priorities among major categories of research
and development activities carried out by the Federal Aviation
Administration.
(2) At least 15 percent of the amount appropriated under
subsection (a) of this section shall be for long-term research
projects.
(3) At least 3 percent of the amount appropriated under
subsection (a) of this section shall be available to the
Administrator of the Federal Aviation Administration to make
grants under section 44511 of this title.
[(c) Transfers Between Categories.--(1) Not more than 10
percent of the net amount authorized for a category of projects
and activities in a fiscal year under subsection (a) of this
section may be transferred to or from that category in that
fiscal year.
[(2) The Secretary may transfer more than 10 percent of an
authorized amount to or from a category only after--
[(A) submitting a written explanation of the proposed
transfer to the Committees on Science and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate; and
[(B) 30 days have passed after the explanation is
submitted or each Committee notifies the Secretary in
writing that it does not object to the proposed
transfer.
[(d) Airport Capacity Research and Development.--(1) Of the
amounts made available under subsection (a) of this section, at
least $25,000,000 may be appropriated each fiscal year for
research and development under section 44505(a) and (c) of this
title on preserving and enhancing airport capacity, including
research and development on improvements to airport design
standards, maintenance, safety, operations, and environmental
concerns.
[(2) The Administrator shall submit to the Committees on
Science and Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on expenditures made
under paragraph (1) of this subsection for each fiscal year.
The report shall be submitted not later than 60 days after the
end of the fiscal year.
[(e) Air Traffic Controller Performance Research.--Necessary
amounts may be appropriated to the Secretary out of amounts in
the Fund available for research and development to conduct
research under section 44506(a) and (b) of this title.
[(f) Availability of Amounts.--Amounts appropriated under
subsection (a) of this section remain available until expended.
[(h) Research Grants Program Involving Undergraduate
Students.--
[(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a program to
utilize undergraduate and technical colleges, including
Historically Black Colleges and Universities and
Hispanic Serving Institutions, in research on subjects
of relevance to the Federal Aviation Administration.
Grants may be awarded under this subsection for--
[(A) research projects to be carried out at
primarily undergraduate institutions and
technical colleges;
[(B) research projects that combine research
at primarily undergraduate institutions and
technical colleges with other research
supported by the Federal Aviation
Administration;
[(C) research on future training requirements
on projected changes in regulatory requirements
for aircraft maintenance and power plant
licensees; or
[(D) research on the impact of new
technologies and procedures, particularly those
related to aircraft flight deck and air traffic
management functions, on training requirements
for pilots and air traffic controllers.
[(2) Notice of criteria.--Within 6 months after the
date of the enactment of the FAA Research, Engineering,
and Development Authorization Act of 1998, the
Administrator of the Federal Aviation Administration
shall establish and publish in the Federal Register
criteria for the submittal of proposals for a grant
under this subsection, and for the awarding of such
grants.
[(3) Principal criteria.--The principal criteria for
the awarding of grants under this subsection shall be--
[(A) the relevance of the proposed research
to technical research needs identified by the
Federal Aviation Administration;
[(B) the scientific and technical merit of
the proposed research; and
[(C) the potential for participation by
undergraduate students in the proposed
research.
[(4) Competitive, merit-based evaluation.--Grants
shall be awarded under this subsection on the basis of
evaluation of proposals through a competitive, merit-
based process.]
(c) Research Grants Program Involving Undergraduate
Students.--The Administrator of the Federal Aviation
Administration shall establish a program to utilize
undergraduate and technical colleges, including Historically
Black Colleges and Universities, Hispanic Serving Institutions,
tribally controlled colleges and universities, and Alaska
Native and Native Hawaiian serving institutions in research on
subjects of relevance to the Federal Aviation Administration.
Grants may be awarded under this subsection for--
(1) research projects to be carried out at primarily
undergraduate institutions and technical colleges;
(2) research projects that combine research at
primarily undergraduate institutions and technical
colleges with other research supported by the Federal
Aviation Administration;
(3) research on future training requirements on
projected changes in regulatory requirements for
aircraft maintenance and power plant licensees; or
(4) research on the impact of new technologies and
procedures, particularly those related to aircraft
flight deck and air traffic management functions, and
on training requirements for pilots and air traffic
controllers.
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
The total amounts which shall be available after September
30, 2003, to the Secretary of Transportation out of the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants
for airport planning and airport development under section
47104 of this title, airport noise compatibility planning under
section 47505(a)(2) of this title, and carrying out noise
compatibility programs under section 47504(c) of this title
shall be--
[(1) $3,400,000,000 for fiscal year 2004;
[(2) $3,500,000,000 for fiscal year 2005;
[(3) $3,600,000,000 for fiscal year 2006;
[(4) $3,700,000,000 for fiscal year 2007;
[(5) $3,675,000,000 for fiscal year 2008; and
[(6) $3,900,000,000 for fiscal year 2009.]
(1) $4,000,000,000 for fiscal year 2010; and
(2) $4,100,000,000 for fiscal year 2011.
Such sums shall remain available until expended.
* * * * * * *
[Sec. 48105. Weather reporting services
[To reimburse the Secretary of Commerce for the cost incurred
by the National Oceanic and Atmospheric Administration of
providing weather reporting services to the Federal Aviation
Administration, the Secretary of Transportation may expend from
amounts available under section 48104 of this title not more
than the following amounts:
[(1) for the fiscal year ending September 30, 1993,
$35,596,000.
[(2) for the fiscal year ending September 30, 1994,
$37,800,000.
[(3) for the fiscal year ending September 30, 1995,
$39,000,000.]
Sec. 48105. Airport programs administrative expenses
Of the amount made available under section 48103 of this
title, the following may be available for administrative
expenses relating to the Airport Improvement Program, passenger
facility charge approval and oversight, national airport system
planning, airport standards development and enforcement,
airport certification, airport-related environmental activities
(including legal services), and other airport-related
activities (including airport technology research), to remain
available until expended--
(1) for fiscal year 2010, $94,000,000; and
(2) for fiscal year 2011, $98,000,000.
* * * * * * *
Sec. 48114. Funding for aviation programs
(a) Authorization of Appropriations.--
(1) Airport and airway trust fund guarantee.--
(A) In general.--The total budget resources
made available from the Airport and Airway
Trust Fund each fiscal year through fiscal year
[2007] 2011 pursuant to sections 48101, 48102,
48103, and 106(k) of title 49, United States
Code, shall be equal to the level of receipts
plus interest credited to the Airport and
Airway Trust Fund for that fiscal year. Such
amounts may be used only for aviation
investment programs listed in subsection (b).
(B) Guarantee.--No funds may be appropriated
or limited for aviation investment programs
listed in subsection (b) unless the amount
described in subparagraph (A) has been
provided.
(2) Additional authorizations of appropriations from
the general fund.--In any fiscal year through fiscal
year [2007,] 2011, if the amount described in paragraph
(1) is appropriated, there is further authorized to be
appropriated from the general fund of the Treasury such
sums as may be necessary for the Federal Aviation
Administration Operations account.
(b) Definitions.--In this section, the following definitions
apply:
(1) Total budget resources.--The term ``total budget
resources'' means the total amount made available from
the Airport and Airway Trust Fund for the sum of
obligation limitations and budget authority made
available for a fiscal year for the following budget
accounts that are subject to the obligation limitation
on contract authority provided in this title and for
which appropriations are provided pursuant to
authorizations contained in this title:
(A) 69-8106-0-7-402 (Grants in Aid for
Airports).
(B) 69-8107-0-7-402 (Facilities and
Equipment).
(C) 69-8108-0-7-402 (Research and
Development).
(D) 69-8104-0-7-402 (Trust Fund Share of
Operations).
(2) Level of receipts plus interest.--The term
``level of receipts plus interest'' means the level of
excise taxes and interest credited to the Airport and
Airway Trust Fund under section 9502 of the Internal
Revenue Code of 1986 for a fiscal year as set forth in
the President's budget baseline projection as defined
in section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177)
(Treasury identification code 20-8103-0-7-402) for that
fiscal year submitted pursuant to section 1105 of title
31, United States Code.
(c) Enforcement of Guarantees.--
(1) Total airport and airway trust fund funding.--It
shall not be in order in the House of Representatives
or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that would
cause total budget resources in a fiscal year for
aviation investment programs described in subsection
(b) to be less than the amount required by subsection
(a)(1)(A) for such fiscal year.
(2) Capital priority.--It shall not be in order in
the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion, or
conference report that provides an appropriation (or
any amendment thereto) for any fiscal year through
fiscal year [2007] 2011 for Research and Development or
Operations if the sum of the obligation limitation for
Grants-in-Aid for Airports and the appropriation for
Facilities and Equipment for such fiscal year is below
the sum of the authorized levels for Grants-in-Aid for
Airports and for Facilities and Equipment for such
fiscal year.
PART D--PUBLIC AIRPORTS
CHAPTER 491. METROPOLITAN WASHINGTON AIRPORTS
[Sec. 49108. Limitations
[After September 30, 2009, the Secretary of Transportation
may not approve an application of the Metropolitan Washington
Airports Authority--
[(1) for an airport development project grant under
subchapter I of chapter 471 of this title; or
[(2) to impose a passenger facility fee under section
40117 of this title.]
VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT
SEC. 186. MIDWAY ISLAND AIRPORT.
(a) Findings.--Congress finds that the continued operation of
the Midway Island Airport in accordance with the standards of
the Federal Aviation Administration applicable to commercial
airports is critical to the safety of commercial, military, and
general aviation in the mid-Pacific Ocean region.
(b) Memorandum of Understanding on Sale of Aircraft Fuel.--
The Secretaries of Transportation, Defense, Interior, and
Homeland Security shall enter into a memorandum of
understanding to facilitate the sale of aircraft fuel on Midway
Island at a price that will generate sufficient revenue to
improve the ability of the airport to operate on a self-
sustaining basis in accordance with the standards of the
Federal Aviation Administration applicable to commercial
airports. The memorandum shall also address the long-range
potential of promoting tourism as a means to generate revenue
to operate the airport.
(c) Transfer of Navigation Aids at Midway Island Airport.--
The Midway Island Airport may transfer, without consideration,
to the Administrator the navigation aids at the airport. The
Administrator shall accept the navigation aids and operate and
maintain the navigation aids under criteria of the
Administrator.
(d) Funding to Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a
reimbursable agreement with the Secretary of the Interior for
the purpose of funding airport development, as defined in
section 47102(3) of title 49, United States Code, at Midway
Island Airport for fiscal years ending before October 1,
[2009,] 2011, from amounts available in the discretionary fund
established by section 47115 of such title. The maximum
obligation under the agreement for any such fiscal year shall
be $2,500,000.
SEC. 406. CODE-SHARING PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
establish a pilot program under which the Secretary [may] shall
require air carriers providing service with compensation under
subchapter II of chapter 417 of title 49, United States Code,
and major air carriers (as defined in section 41716(a)(2) of
such title) serving large hub airports (as defined in section
40102 of such title) to participate in multiple code-share
arrangements consistent with normal industry practice whenever
and wherever the Secretary determines that such multiple code-
sharing arrangements would improve air transportation services.
(b) Limitation.--The Secretary may not require air carriers
to participate in the pilot program under this section for more
than 10 communities receiving service under subchapter II of
chapter 417 of title 49, United States Code.
SEC. 409. MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING
ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES.
(a) Request for Secretarial Review.--An eligible place (as
defined in section 41731 of title 49, United States Code) with
respect to which the Secretary has, in the 2-year period ending
on the date of enactment of this Act, eliminated (or
tentatively eliminated) compensation for essential air service
to such place, or terminated (or tentatively terminated) the
compensation eligibility of such place for essential air
service, under section 332 of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731
note), section 205 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 41731 note), or
any prior law of similar effect based on the highway mileage of
such place from the nearest hub airport (as defined in section
40102 of such title), may request the Secretary to review such
action.
(b) Determination of Mileage.--In reviewing an action under
subsection (a), the highway mileage between an eligible place
and the nearest medium hub airport or large hub airport is the
highway mileage of the most commonly used route between the
place and the medium hub airport or large hub airport. In
identifying such route, the Secretary shall identify the most
commonly used route for a community by--
(1) consulting with the Governor of a State or the
Governor's designee; and
(2) considering the certification of the Governor of
a State or the Governor's designee as to the most
commonly used route.
(c) Eligibility Determination.--Not later than 60 days after
receiving a request under subsection (a), the Secretary shall--
(1) determine whether the eligible place would have
been subject to an elimination of compensation
eligibility for essential air service, or termination
of the eligibility of such place for essential air
service, under the provisions of law referred to in
subsection (a) based on the determination of the
highway mileage of such place from the nearest medium
hub airport or large hub airport under subsection (b);
and
(2) issue a final order with respect to the
eligibility of such place for essential air service
compensation under subchapter II of chapter 417 of
title 49, United States Code.
(d) Limitation on Period of Final Order.--A final order
issued under subsection (c) shall terminate on [September 30,
2007.] September 30, 2011.
* * * * * * *
SEC. 708. FAA CENTER FOR EXCELLENCE FOR APPLIED RESEARCH AND TRAINING
IN THE USE OF ADVANCED MATERIALS IN TRANSPORT
AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall develop a Center for Excellence focused on
applied research and training on the durability and
maintainability of advanced materials in transport airframe
structures. The Center shall--
(1) promote and facilitate collaboration among
academia, the Federal Aviation Administration's
Transportation Division, and the commercial aircraft
industry, including manufacturers, commercial air
carriers, and suppliers; and
(2) establish goals set to advance technology,
improve engineering practices, and facilitate
continuing education in relevant areas of study.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator [$500,000 for fiscal year
2004] $1,000,000 for each of fiscal years 2008 through 2012 to
carry out this section.
SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT
OFFICE.
(a) Establishment.--(1) The Secretary of Transportation shall
establish in the Federal Aviation Administration a joint
planning and development office to manage strategic and cross-
agency work related to the Next Generation Air Transportation
System. The office shall be known as the Next Generation Air
Transportation System Joint Planning and Development Office (in
this section referred to as the ``Office''). The office shall
be headed by a Director, who shall report to the Chief NextGen
Officer appointed or designated under section 302(a) of the FAA
Air Transportation Modernization and Safety Improvement Act.
(2) The responsibilities of the Office shall include--
(A) creating and carrying out an integrated
plan for a Next Generation Air Transportation
System pursuant to subsection (b);
(B) overseeing research and development on
that system;
(C) creating a transition plan for the
implementation of that system;
(D) coordinating aviation and aeronautics
research programs to achieve the goal of more
effective and directed programs that will
result in applicable research;
(E) coordinating goals and priorities and
coordinating research activities within the
Federal Government with United States aviation
and aeronautical firms;
(F) coordinating the development and
utilization of new technologies to ensure that
when available, they may be used to their
fullest potential in aircraft and in the air
traffic control system;
(G) facilitating the transfer of technology
from research programs such as the National
Aeronautics and Space Administration program
and the Department of Defense Advanced Research
Projects Agency program to Federal agencies
with operational responsibilities and to the
private sector; and
(H) reviewing activities relating to noise,
emissions, fuel consumption, and safety
conducted by Federal agencies, including the
Federal Aviation Administration, the National
Aeronautics and Space Administration, the
Department of Commerce, and the Department of
Defense.
(3)(A) The Office shall operate in conjunction with
relevant programs in the Department of Defense, the
National Aeronautics and Space Administration, the
Department of Commerce and the Department of Homeland
Security. The Secretary of Transportation may request
assistance from staff from those Departments and other
Federal agencies.
(B) The Administrator, 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
Department or Federal agency from which the
Secretary of Transportation requests assistance
under subparagraph (A) shall designate an
implementation office to be responsible for--
(i) carrying out the Department or
agency's Next Generation Air
Transportation System implementation
activities with the Office;
(ii) liaison and coordination with
other Departments and agencies involved
in Next Generation Air Transportation
System activities; and
(iii) managing all Next Generation
Air Transportation System programs for
the Department or agency, including
necessary budgetary and staff
resources, including, for the Federal
Aviation Administration, those projects
described in section 44501(b)(5) of
title 49, United States Code).
(C) The head of any such Department or agency
shall ensure that--
(i) the Department's or agency's Next
Generation Air Transportation System
responsibilities are clearly
communicated to the designated office;
and
(ii) the performance of supervisory
personnel in that office in carrying
out the Department's or agency's Next
Generation Air Transportation System
responsibilities is reflected in their
annual performance evaluations and
compensation decisions.
(D)(i) Within 6 months after the date of
enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the
head of each such Department or agency shall
execute a memorandum of understanding with the
Office and with the other Departments and
agencies participating in the Next Generation
Air Transportation System project that--
(I) describes the respective
responsibilities of each such
Department and agency, including
budgetary commitments; and
(II) the budgetary and staff
resources committed to the project.
(ii) The memorandum shall be revised as
necessary to reflect any changes in such
responsibilities or commitments and be
reflected in each Department or agency's budget
request.
(4) In developing and carrying out its plans, the
Office shall consult with the public and ensure the
participation of experts from the private sector
including representatives of commercial aviation,
general aviation, aviation labor groups, aviation
research and development entities, aircraft and air
traffic control suppliers, and the space industry.
(b) Integrated Plan.--The integrated plan shall be designed
to ensure that the Next Generation Air Transportation System
meets air transportation safety, security, mobility,
efficiency, and capacity needs [beyond those currently included
in the Federal Aviation Administration's operational evolution
plan] and accomplishes the goals under subsection (c). The
integrated plan shall include--
(1) a national vision statement for an air
transportation system capable of meeting potential air
traffic demand by 2025;
(2) a description of the demand and the performance
characteristics that will be required of the Nation's
future air transportation system, and an explanation of
how those characteristics were derived, including the
national goals, objectives, and policies the system is
designed to further, and the underlying socioeconomic
determinants, and associated models and analyses;
(3) a multiagency [research and development roadmap]
implementation plan for creating the Next Generation
Air Transportation System with the characteristics
outlined under clause (ii), including--
(A) the most significant technical obstacles
and the research and development activities
necessary to overcome them, including for each
project, the role of each Federal agency,
corporations, and universities;
(B) the annual anticipated cost of carrying
out the research and development activities;
[and]
(C) the technical milestones that will be
used to evaluate the activities; and
(D) a schedule of rulemakings required to
issue regulations and guidelines for
implementation of the Next Generation Air
Transportation System within a timeframe
consistent with the integrated plan; and
(4) a description of the operational concepts and key
technologies to meet the system performance
requirements for all system [users] users, an
implementation plan, and a timeline and anticipated
expenditures needed to develop and deploy the system to
meet the vision for 2025.
Within 6 months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, the
Administrator shall develop the implementation plan described
in paragraph (3) of this subsection and shall update it
annually thereafter.
(c) Goals.--The Next Generation Air Transportation System
shall--
(1) improve the level of safety, security,
efficiency, quality, and affordability of the National
Airspace System and aviation services;
(2) take advantage of data from emerging ground-based
and space-based communications, navigation, and
surveillance technologies;
(3) integrate data streams from multiple agencies and
sources to enable situational awareness and seamless
global operations for all appropriate users of the
system, including users responsible for civil aviation,
homeland security, and national security;
(4) leverage investments in civil aviation, homeland
security, and national security and build upon current
air traffic management and infrastructure initiatives
to meet system performance requirements for all system
users;
(5) be scalable to accommodate and encourage
substantial growth in domestic and international
transportation and anticipate and accommodate
continuing technology upgrades and advances;
(6) accommodate a wide range of aircraft operations,
including airlines, air taxis, helicopters, general
aviation, and unmanned aerial vehicles; and
(7) take into consideration, to the greatest extent
practicable, design of airport approach and departure
flight paths to reduce exposure of noise and emissions
pollution on affected residents.
(d) Reports.--The Administrator of the Federal Aviation
Administration shall transmit to the Committee on Commerce,
Science, and Transportation in the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
in the House of Representatives--
(1) not later than 1 year after the date of enactment
of this Act, the integrated plan required in subsection
(b); and
(2) annually at the time of the President's budget
request, a report describing the progress in carrying
out the plan required under subsection (b) and any
changes to that plan.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Office $50,000,000 for each of the
fiscal years 2004 through [2010.] 2011.
SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) In General.--The Secretary of Transportation shall
establish a senior policy committee to work with the Next
Generation Air Transportation System Joint Planning and
Development Office. The senior policy committee shall be
chaired by the [Secretary.] Secretary and shall meet at least
once each quarter.
(b) Membership.--In addition to the Secretary, the senior
policy committee shall be composed of--
(1) the Administrator of the Federal Aviation
Administration (or the Administrator's designee);
(2) the Administrator of the National Aeronautics and
Space Administration (or the Administrator's designee);
(3) the Secretary of Defense (or the Secretary's
designee);
(4) the Secretary of Homeland Security (or the
Secretary's designee);
(5) the Secretary of Commerce (or the Secretary's
designee);
(6) the Director of the Office of Science and
Technology Policy (or the Director's designee); and
(7) designees from other Federal agencies determined
by the Secretary of Transportation to have an important
interest in, or responsibility for, other aspects of
the system.
(c) Function.--The senior policy committee shall--
(1) advise the Secretary of Transportation regarding
the national goals and strategic objectives for the
transformation of the Nation's air transportation
system to meet its future needs;
(2) provide policy guidance for the integrated plan
for the air transportation system to be developed by
the Next Generation Air Transportation System Joint
Planning and Development Office;
(3) provide ongoing policy review for the
transformation of the air transportation system;
(4) identify resource needs and make recommendations
to their respective agencies for necessary funding for
planning, research, and development activities; and
(5) make legislative recommendations, as appropriate,
for the future air transportation system.
(d) Consultation.--In carrying out its functions under this
section, the senior policy committee shall consult with, and
ensure participation by, the private sector (including
representatives of general aviation, commercial aviation,
aviation labor, and the space industry), members of the public,
and other interested parties and may do so through a special
advisory committee composed of such representatives.
NATIONAL PARKS AIR TOUR MANAGEMENT ACT OF 2000
SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
[49 U.S.C. 40128 note]
(a) Quiet technology requirements.--Within 12 months after
the date of the enactment of this Act, the Administrator shall
designate reasonably achievable requirements for fixed-wing and
helicopter aircraft necessary for such aircraft to be
considered as employing quiet aircraft technology for purposes
of this section. If the Administrator determines that the
Administrator will not be able to make such designation before
the last day of such 12-month period, the Administrator shall
transmit to Congress a report on the reasons for not meeting
such time period and the expected date of such designation.
(b) Routes or corridors.--In consultation with the [Director]
Secretary of the Interior and the advisory group established
under section 805, the Administrator shall establish, by rule,
routes or corridors for commercial air tour operations (as
defined in section 40128(f) of title 49, United States Code) by
fixed-wing and helicopter aircraft that employ quiet aircraft
technology for--
(1) tours of the Grand Canyon originating in Clark
County, Nevada; and
(2) 'local loop' tours originating at the Grand
Canyon National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located
in areas that will not negatively impact the
substantial restoration of natural quiet, tribal lands,
or safety.
(c) Operational caps.--Commercial air tour operations by any
fixed-wing or helicopter aircraft that employs quiet aircraft
technology and that replaces an existing aircraft shall not be
subject to the operational flight allocations that apply to
other commercial air tour operations of the Grand Canyon,
provided that the cumulative impact of such operations does not
increase noise at the Grand Canyon.
(d) Modification of existing aircraft to meet standards.--A
commercial air tour operation by a fixed-wing or helicopter
aircraft in a commercial air tour operator's fleet on the date
of the enactment of this Act that meets the requirements
designated under subsection (a), or is subsequently modified to
meet the requirements designated under subsection (a), may be
used for commercial air tour operations under the same terms
and conditions as a replacement aircraft under subsection (c)
without regard to whether it replaces an existing aircraft.
(e) Mandate to restore natural quiet.--Nothing in this Act
shall be construed to relieve or diminish--
(1) the statutory mandate imposed upon the Secretary
of the Interior and the Administrator of the Federal
Aviation Administration under Public Law 100-91 (16
U.S.C. 1a-1 note) to achieve the substantial
restoration of the natural quiet and experience at the
Grand Canyon National Park; and
(2) the obligations of the Secretary and the
Administrator to promulgate forthwith regulations to
achieve the substantial restoration of the natural
quiet and experience at the Grand Canyon National Park.
SEC. 805. ADVISORY GROUP.
[49 U.S.C. 40128 note]
(a) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Administrator and the [Director
of the National Park Service] Secretary of the Interior shall
jointly establish an advisory group to provide continuing
advice and counsel with respect to commercial air tour
operations over and near national parks.
(b) Membership.--
(1) In general.--The advisory group shall be composed
of--
(A) a balanced group of--
(i) representatives of general
aviation;
(ii) representatives of commercial
air tour operators;
(iii) representatives of
environmental concerns; and
(iv) representatives of Indian
tribes;
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the [National Park
Service.] Department of the Interior.
(2) Ex officio members.--The Administrator (or the
designee of the Administrator) and the [Director]
Secretary of the Interior (or the designee of the
[Director] Secretary of the Interior) shall serve as ex
officio members.
(3) Chairperson.--The representative of the Federal
Aviation Administration and the representative of the
[National Park Service] Department of the Interior
shall serve alternating 1-year terms as chairman of the
advisory group, with the representative of the Federal
Aviation Administration serving initially until the end
of the calendar year following the year in which the
advisory group is first appointed.
(c) Duties.--The advisory group shall provide advice,
information, and recommendations to the Administrator and the
Director--
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft technology
for use in commercial air tour operations over a
national park or tribal lands, which will receive
preferential treatment in a given air tour management
plan;
(3) on other measures that might be taken to
accommodate the interests of visitors to national
parks; and
(4) at the request of the Administrator and the
[Director] Secretary of the Interior, safety,
environmental, and other issues related to commercial
air tour operations over a national park or tribal
lands.
(d) Compensation; support; FACA.
(1) Compensation and travel.--Members of the advisory
group who are not officers or employees of the United
States, while attending conferences or meetings of the
group or otherwise engaged in its business, or while
serving away from their homes or regular places of
business, may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
(2) Administrative support.--The Federal Aviation
Administration and the [National Park Service]
Department of the Interior shall jointly furnish to the
advisory group clerical and other assistance.
(3) Nonapplication of FACA.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the advisory group.
* * * * * * *
SEC. 807. REPORTS.
[49 U.S.C. 40128 note]
(a) Overflight fee report.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall
transmit to Congress a report on the effects overflight fees
are likely to have on the commercial air tour operation
industry. The report shall include, but shall not be limited
to--
(1) the viability of a tax credit for the commercial
air tour operators equal to the amount of any
overflight fees charged by the [National Park Service;]
Department of the Interior; and
(2) the financial effects proposed offsets are likely
to have on Federal Aviation Administration budgets and
appropriations.
(b) Quiet aircraft technology report.--Not later than 2 years
after the date of the enactment of this Act, the Administrator
and the [Director of the National Park Service] Secretary of
the Interior shall jointly transmit a report to Congress on the
effectiveness of this title in providing incentives for the
development and use of quiet aircraft technology.