[House Report 108-143]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-143
======================================================================
FLIGHT 100--CENTURY OF AVIATION REAUTHORIZATION ACT
_______
June 6, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 2115]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2115) to amend title 49, United
States Code, to reauthorize programs for the Federal Aviation
Administration, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Flight 100--Century
of Aviation Reauthorization Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility
planning and programs.
Sec. 104. Additional reauthorizations.
Sec. 105. Insurance.
Sec. 106. Pilot program for innovative financing for terminal
automation replacement systems.
TITLE II--AIRPORT PROJECT STREAMLINING
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Promotion of new runways.
Sec. 204. Airport project streamlining.
Sec. 205. Governor's certificate.
Sec. 206. Construction of certain airport capacity projects.
Sec. 207. Limitations.
Sec. 208. Relationship to other requirements.
TITLE III--FEDERAL AVIATION REFORM
Sec. 301. Management advisory committee members.
Sec. 302. Reorganization of the Air Traffic Services Subcommittee.
Sec. 303. Clarification of the responsibilities of the Chief Operating
Officer.
Sec. 304. Small Business Ombudsman.
Sec. 305. FAA purchase cards.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
Sec. 401. Improvement of aviation information collection.
Sec. 402. Data on incidents and complaints involving passenger and
baggage security screening.
Sec. 403. Definitions.
Sec. 404. Clarifications to procurement authority.
Sec. 405. Low-emission airport vehicles and ground support equipment.
Sec. 406. Streamlining of the passenger facility fee program.
Sec. 407. Financial management of passenger facility fees.
Sec. 408. Government contracting for air transportation.
Sec. 409. Overflights of national parks.
Sec. 410. Collaborative decisionmaking pilot program.
Sec. 411. Availability of aircraft accident site information.
Sec. 412. Slot exemptions at Ronald Reagan Washington National Airport.
Sec. 413. Notice concerning aircraft assembly.
Sec. 414. Special rule to promote air service to small communities.
Sec. 415. Small community air service.
Sec. 416. Type certificates.
Sec. 417. Design organization certificates.
Sec. 418. Counterfeit or fraudulently represented parts violations.
Sec. 419. Runway safety standards.
Sec. 420. Availability of maintenance information.
Sec. 421. Certificate actions in response to a security threat.
Sec. 422. Flight attendant certification.
Sec. 423. Civil penalty for closure of an airport without providing
sufficient notice.
Sec. 424. Noise exposure maps.
Sec. 425. Amendment of general fee schedule provision.
Sec. 426. Improvement of curriculum standards for aviation maintenance
technicians.
Sec. 427. Task force on future of air transportation system.
Sec. 428. Air quality in aircraft cabins.
Sec. 429. Recommendations concerning travel agents.
Sec. 430. Task force on enhanced transfer of applications of technology
for military aircraft to civilian aircraft.
Sec. 431. Reimbursement for losses incurred by general aviation
entities.
Sec. 432. Impasse procedures for National Association of Air Traffic
Specialists.
Sec. 433. FAA inspector training.
Sec. 434. Prohibition on air traffic control privatization.
Sec. 435. Airfares for members of the Armed Forces.
Sec. 436. Air carriers required to honor tickets for suspended air
service.
Sec. 437. International air show.
Sec. 438. Definition of air traffic controller.
Sec. 439. Justification for air defense identification zone.
Sec. 440. International air transportation.
Sec. 441. Reimbursement of air carriers for certain screening and
related activities.
Sec. 442. General aviation flights at Ronald Reagan Washington National
Airport.
TITLE V--AIRPORT DEVELOPMENT
Sec. 501. Definitions.
Sec. 502. Replacement of baggage conveyor systems.
Sec. 503. Security costs at small airports.
Sec. 504. Withholding of program application approval.
Sec. 505. Runway safety areas.
Sec. 506. Disposition of land acquired for noise compatibility
purposes.
Sec. 507. Grant assurances.
Sec. 508. Allowable project costs.
Sec. 509. Apportionments to primary airports.
Sec. 510. Cargo airports.
Sec. 511. Considerations in making discretionary grants.
Sec. 512. Flexible funding for nonprimary airport apportionments.
Sec. 513. Use of apportioned amounts.
Sec. 514. Military airport program.
Sec. 515. Terminal development costs.
Sec. 516. Contract towers.
Sec. 517. Airport safety data collection.
Sec. 518. Airport privatization pilot program.
Sec. 519. Innovative financing techniques.
Sec. 520. Airport security program.
Sec. 521. Low-emission airport vehicles and infrastructure.
Sec. 522. Compatible land use planning and projects by State and local
governments.
Sec. 523. Prohibition on requiring airports to provide rent-free space
for Federal Aviation Administration.
Sec. 524. Midway Island Airport.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall be effective on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k) is amended to read as follows:
``(k) Authorization of Appropriations.--
``(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; and
``(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
``(2) Operation of center for management and development.--
Out of amounts appropriated under paragraph (1), such sums as
may be necessary may be expended by the Center for Management
Development of the Federal Aviation Administration to operate
at least 200 courses each year and to support associated
student travel for both residential and field courses.
``(3) Air traffic management system.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended by the Federal Aviation Administration for the
establishment and operation of a new office to develop, in
coordination with the Department of Defense, the National
Aeronautics and Space Administration, and the Department of
Homeland Security, the next generation air traffic management
system and a transition plan for the implementation of that
system. The office shall be known as the `Next Generation Air
Transportation System Joint Program Office'.
``(4) Helicopter and tiltrotor procedures.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended by the Federal Aviation Administration for the
establishment of helicopter and tiltrotor approach and
departure procedures using advanced technologies, such as the
Global Positioning System and automatic dependent surveillance,
to permit operations in adverse weather conditions to meet the
needs of air ambulance services.
``(5) Additional air traffic controllers.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended to hire additional air traffic controllers in
order to meet increasing air traffic demands and to address the
anticipated increase in the retirement of experienced air
traffic controllers.
``(6) Completion of alaska aviation safety project.--Out of
amounts appropriated under paragraph (1), $6,000,000 may be
expended for the completion of the Alaska aviation safety
project with respect to the 3 dimensional mapping of Alaska's
main aviation corridors.
``(7) Aviation safety reporting system.--Out of amounts
appropriated under paragraph (1), $3,400,000 may be expended on
the Aviation Safety Reporting System.''.
(b) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation, out of the Airport and
Airway Trust Fund established by section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502), $3,971,000 for fiscal year 2004,
$4,045,000 for fiscal year 2005, $4,127,000 for fiscal year 2006, and
$4,219,000 for fiscal year 2007 to gather airline data and conduct
analyses of such data in the Bureau of Transportation Statistics of the
Department of Transportation.
(c) Human Capital Workforce Strategy.--
(1) Development.--The Administrator of the Federal Aviation
Administration shall develop a comprehensive human capital
workforce strategy to determine the most effective method for
addressing the need for more air traffic controllers that is
called for in the June 2002 report of the General Accounting
Office.
(2) Completion date.--The Administrator shall complete
development of the strategy not later than 1 year after the
date of enactment of this Act.
(3) Report.--Not later than 30 days after the date on which
the strategy is completed, the Administrator shall transmit to
Congress a report describing the strategy.
(d) Goals and Objectives of Aviation Safety Reporting System.--Not
later than 90 days after the date of enactment of this Act, the
Administrator shall transmit to Congress a report on the long-term
goals and objectives of the Aviation Safety Reporting System and how
such system interrelates with other safety reporting systems of the
Federal Government.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101 is amended--
(1) in subsection (a) by striking paragraphs (1) through (5)
and inserting the following:
``(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; and
``(4) $3,110,000,000 for fiscal year 2007.'';
(2) by striking subsection (b);
(3) by redesignating (c) as subsection (b);
(4) by striking subsections (d) and (e) and inserting the
following:
``(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), $20,000,000 for each of
fiscal years 2004 through 2007 may be used to document and demonstrate
the operational benefits of a wake vortex advisory system.
``(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), $20,000,000 for each of fiscal years
2004 to 2007 may be used to establish a program for the installation,
operation, and maintenance of a closed-loop 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 has been
certified or approved by the Administrator.''; and
(5) in subsection (f)--
(A) by striking ``for fiscal years beginning after
September 30, 2000''; and
(B) by inserting ``may be used'' after ``necessary''.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``September 30, 1998'' and inserting
``September 30, 2003''; and
(2) by striking paragraphs (1) through (5) and inserting:
``(1) $3,400,000,000 for fiscal year 2004;
``(2) $3,600,000,000 for fiscal year 2005;
``(3) $3,800,000,000 for fiscal year 2006; and
``(4) $4,000,000,000 for fiscal year 2007.''.
(b) Obligational Authority.--Section 47104(c) is amended by striking
``September 30, 2003'' and inserting ``September 30, 2007''.
SEC. 104. ADDITIONAL REAUTHORIZATIONS.
(a) Contract Air Traffic Control Tower Pilot Program.--Section
47124(b)(3)(E) is amended by striking ``$6,000,000 per fiscal year''
and inserting ``$6,500,000 for fiscal year 2004, $7,000,000 for fiscal
year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal
year 2007''.
(b) Small Community Air Service.--Section 41743(e)(2) is amended--
(1) by striking ``and'' the first place it appears and
inserting a comma; and
(2) by inserting after ``2003'' the following ``, and
$35,000,000 for each of fiscal years 2004 through 2008''.
(c) Regional Air Service Incentive Program.--Section 41766 is amended
by striking ``2003'' and inserting ``2007''.
(d) Funding for Aviation Programs.--Section 106 of the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C.
48101 note) is amended by striking ``2003'' each place it appears and
inserting ``2007''.
(e) Design-Build Contracting.--Section 139(e) of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (49 U.S.C.
47104 note) is amended by striking ``2003'' and inserting ``2007''.
(f) Metropolitan Washington Airports Authority.--Section 49108 is
amended by striking ``2004'' and inserting ``2007''.
SEC. 105. INSURANCE.
(a) Termination.--Section 44310 is amended to read as follows:
``Sec. 44310. Termination date
``Effective December 31, 2007, the authority of the Secretary of
Transportation to provide insurance and reinsurance under this chapter
shall be limited to--
``(1) the operation of an aircraft by an air carrier or
foreign air carrier in foreign air commerce or between at least
2 points, all of which are outside the United States; and
``(2) insurance obtained by a department, agency, or
instrumentality of the United States under section 44305.''.
(b) Extension of Policies.--Section 44302(f)(1) is amended by
striking ``through December 31, 2004,'' and inserting ``thereafter''.
(c) Aircraft Manufacturer Liability for Third Party Claims Arising
Out of Acts of Terrorism.--Section 44303(b) is amended by adding at the
end the following: ``The Secretary may extend the provisions of this
subsection to the United States manufacturer (as defined in section
44310) of the aircraft of the air carrier involved.''.
(d) Vendors, Agents, Subcontractors, and Manufacturers.--
(1) In general.--Chapter 443 is amended--
(A) by redesignating section 44310 (as amended by
subsection (a) of this section) as section 44311; and
(B) by inserting after section 44309 the following:
``Sec. 44310. Vendors, agents, subcontractors, and manufacturers
``(a) In General.--The Secretary of Transportation may extend the
application of any provision of this chapter to a loss by a vendor,
agent, and subcontractor of an air carrier and a United States
manufacturer of an aircraft used by an air carrier but only to the
extent that the loss involved an aircraft of an air carrier.
``(b) United States Manufacturer Defined.--In this section, the term
`United States manufacturer' means a manufacturer incorporated under
the laws of a State of the United States and having its principal place
of business in the United States.''.
(2) Conforming amendment.--The analysis for chapter 443 is
amended by striking the item relating to section 44310 and
inserting the following:
``44310. Vendors, agents, subcontractors, and manufacturers.
``44311. Termination date.''.
(e) Technical Corrections.--Effective November 19, 2001, section
124(b) of the Aviation and Transportation Security Act (115 Stat. 631)
is amended by striking ``to carry out foreign policy'' and inserting
``to carry out the foreign policy''.
SEC. 106. PILOT PROGRAM FOR INNOVATIVE FINANCING FOR TERMINAL
AUTOMATION REPLACEMENT SYSTEMS.
(a) In General.--In order to test the cost-effectiveness and
feasibility of long-term financing of modernization of major air
traffic control systems, the Administrator of the Federal Aviation
Administration may establish a pilot program to test innovative
financing techniques through amending a contract, subject to section
1341 of title 31, United States Code, of more than one, but not more
than 20, fiscal years to purchase and install terminal automation
replacement systems for the Administration. Such amendments may be for
more than one, but not more than 10 fiscal years.
(b) Cancellation.--A contract described in subsection (a) may include
a cancellation provision if the Administrator determines that such a
provision is necessary and in the best interest of the United States.
Any such provision shall include a cancellation liability schedule that
covers reasonable and allocable costs incurred by the contractor
through the date of cancellation plus reasonable profit, if any, on
those costs. Any such provision shall not apply if the contract is
terminated by default of the contractor.
(c) Contract Provisions.--If feasible and practicable for the pilot
program, the Administrator may make an advance contract provision to
achieve economic-lot purchases and more efficient production rates.
(d) Limitation.--The Administrator may not amend a contract under
this section until the program for the terminal automation replacement
systems has been rebaselined in accordance with the acquisition
management system of the Administration.
(e) Annual Reports.--At the end of each fiscal year during the term
of the pilot program, the Administrator shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on how the Administrator has implemented in
such fiscal year the pilot program, the number and types of contracts
or contract amendments that are entered into under the program, and the
program's cost-effectiveness.
(f) Funding.--Out of amounts appropriated under section 48101 for
fiscal year 2004, $200,000,000 shall be used to carry out this section.
TITLE II--AIRPORT PROJECT STREAMLINING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Airport Streamlining Approval
Process Act of 2003''.
SEC. 202. FINDINGS.
Congress finds that--
(1) airports play a major role in interstate and foreign
commerce;
(2) congestion and delays at our Nation's major airports have
a significant negative impact on our Nation's economy;
(3) airport capacity enhancement projects at congested
airports are a national priority and should be constructed on
an expedited basis;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport authorities,
communities, and other Federal, State, and local government
agencies must work together to develop a plan, set and honor
milestones and deadlines, and work to protect the environment
while sustaining the economic vitality that will result from
the continued growth of aviation.
SEC. 203. PROMOTION OF NEW RUNWAYS.
Section 40104 is amended by adding at the end the following:
``(c) Airport Capacity Enhancement Projects at Congested Airports.--
In carrying out subsection (a), the Administrator shall take action to
encourage the construction of airport capacity enhancement projects at
congested airports as those terms are defined in section 47178.''.
SEC. 204. AIRPORT PROJECT STREAMLINING.
(a) In General.--Chapter 471 is amended by inserting after section
47153 the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``Sec. 47171. DOT as lead agency
``(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review process
for airport capacity enhancement projects at congested airports.
``(b) Coordinated Reviews.--
``(1) In general.--The coordinated review process under this
section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued
or made by a Federal agency or airport sponsor for an airport
capacity enhancement project at a congested airport will be
conducted concurrently, to the maximum extent practicable, and
completed within a time period established by the Secretary, in
cooperation with the agencies identified under subsection (c)
with respect to the project.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable the
agency to ensure completion of environmental reviews, analyses,
opinions, permits, licenses, and approvals described in
paragraph (1) in a timely and environmentally responsible
manner.
``(c) Identification of Jurisdictional Agencies.--With respect to
each airport capacity enhancement project at a congested airport, the
Secretary shall identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit, license, or
approval for the project.
``(d) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a
project at an airport within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
``(e) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal and State agencies identified under subsection (c) with
respect to the project and the airport sponsor.
``(f) Effect of Failure To Meet Deadline.--
``(1) Notification of congress and ceq.--If the Secretary
determines that a Federal agency, State agency, or airport
sponsor that is participating in a coordinated review process
under this section with respect to a project has not met a
deadline established under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Council on Environmental Quality, and the agency or sponsor
involved about the failure to meet the deadline.
``(2) Agency report.--Not later than 30 days after date of
receipt of a notice under paragraph (1), the agency or sponsor
involved shall submit a report to the Secretary, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor did not meet the
deadline and what actions it intends to take to complete or
issue the required review, analysis, opinion, permit, license,
or approval.
``(g) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval that must be issued or made by a
Federal or State agency that is participating in a coordinated review
process under this section with respect to an airport capacity
enhancement project at a congested airport and that requires an
analysis of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by the
project purpose and need as defined by the Secretary.
``(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement project at a
congested airport. Any other Federal or State agency that is
participating in a coordinated review process under this section with
respect to the project shall consider only those alternatives to the
project that the Secretary has determined are reasonable.
``(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``(j) Monitoring by Task Force.--The Transportation Infrastructure
Streamlining Task Force, established by Executive Order 13274 (67 Fed.
Reg. 59449; relating to environmental stewardship and transportation
infrastructure project reviews), may monitor airport projects that are
subject to the coordinated review process under this section.
``Sec. 47172. Categorical exclusions
``Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 47173. Access restrictions to ease construction
``At the request of an airport sponsor for a congested airport, the
Secretary of Transportation may approve a restriction on use of a
runway to be constructed at the airport to minimize potentially
significant adverse noise impacts from the runway only if the Secretary
determines that imposition of the restriction--
``(1) is necessary to mitigate those impacts and expedite
construction of the runway;
``(2) is the most appropriate and a cost-effective measure to
mitigate those impacts, taking into consideration any
environmental tradeoffs associated with the restriction; and
``(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of the
national airspace system, unjustly discriminate against any
class of user of the airport, or impose an undue burden on
interstate or foreign commerce.
``Sec. 47174. Airport revenue to pay for mitigation
``(a) In General.--Notwithstanding section 47107(b), section 47133,
or any other provision of this title, the Secretary of Transportation
may allow an airport sponsor carrying out an airport capacity
enhancement project at a congested airport to make payments, out of
revenues generated at the airport (including local taxes on aviation
fuel), for measures to mitigate the environmental impacts of the
project if the Secretary finds that--
``(1) the mitigation measures are included as part of, or
support, the preferred alternative for the project in the
documentation prepared pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(2) the use of such revenues will provide a significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures described in
subsection (a) may include the insulation of residential buildings and
buildings used primarily for educational or medical purposes to
mitigate the effects of aircraft noise and the improvement of such
buildings as required for the insulation of the buildings under local
building codes.
``Sec. 47175. 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.
``(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. 47176. Authorization of appropriations
``In addition to the amounts authorized to be appropriated under
section 106(k), there is authorized to 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), $4,200,000 for fiscal year 2004 and for each fiscal year
thereafter to facilitate the timely processing, review, and completion
of environmental activities associated with airport capacity
enhancement projects at congested airports.
``Sec. 47177. Designation of aviation safety and aviation security
projects for priority environmental review
``(a) In General.--The Administrator of the Federal Aviation
Administration may designate an aviation safety or aviation security
project for priority environmental review. The Administrator may not
delegate this designation authority.
``(b) Project Designation Criteria.--The Administrator shall
establish guidelines for the designation of an aviation safety or
aviation security project for priority environmental review. Such
guidelines shall include consideration of--
``(1) the importance or urgency of the project;
``(2) the potential for undertaking the environmental review
under existing emergency procedures under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(3) the need for cooperation and concurrent reviews by
other Federal or State agencies; and
``(4) the prospect for undue delay if the project is not
designated for priority review.
``(c) Coordinated Environmental Reviews.--
``(1) Timelines and high priority for coordinated
environmental reviews.--The Administrator, in consultation with
the heads of affected agencies, shall establish specific
timelines for the coordinated environmental review of an
aviation safety or aviation security project designated under
subsection (a). Such timelines shall be consistent with the
timelines established in existing laws and regulations. Each
Federal agency with responsibility for project environmental
reviews, analyses, opinions, permits, licenses, and approvals
shall accord any such review a high priority and shall conduct
the review expeditiously and, to the maximum extent possible,
concurrently with other such reviews.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable the
agency to ensure completion of environmental reviews, analyses,
opinions, permits, licenses, and approvals described in
paragraph (1) in a timely and environmentally responsible
manner.
``(d) State Participation.--
``(1) Invitation to participate.--If a priority environmental
review process is being implemented under this section with
respect to a project within the boundaries of a State with
applicable State environmental requirements and approvals, the
Administrator shall invite the State to participate in the
process.
``(2) State choice.--A State invited to participate in a
priority environmental review process, consistent with State
law, may choose to participate in such process and direct that
all State agencies, which have jurisdiction by law to conduct
an environmental review or analysis of the project to determine
whether to issue an environmentally related permit, license, or
approval for the project, be subject to the process.
``(e) Failure To Give Priority Review.--
``(1) Notice.--If the Secretary of Transportation determines
that a Federal agency or a participating State is not complying
with the requirements of this section and that such
noncompliance is undermining the environmental review process,
the Secretary shall notify, within 30 days of such
determination, the head of the Federal agency or, with respect
to a State agency, the Governor of the State.
``(2) Report to secretary.--A Federal agency that receives a
copy of a notification relating to that agency made by the
Secretary under paragraph (1) shall submit, within 30 days
after receiving such copy, a written report to the Secretary
explaining the reasons for the situation described in the
notification and what remedial actions the agency intends to
take.
``(3) Notification of ceq and committees.--If the Secretary
determines that a Federal agency has not satisfactorily
addressed the problems within a reasonable period of time
following a notification under paragraph (1), the Secretary
shall notify the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Commerce,
Science and Transportation of the Senate, and the Council on
Environmental Quality.
``(f) Procedural provisions.--The procedures set forth in subsections
(c), (e), (g), (h), and (i) of section 47171 shall apply with respect
to an aviation safety or aviation security project under this section
in the same manner and to the same extent as such procedures apply to
an airport capacity enhancement project at a congested airport under
section 47171.
``(g) Definitions.--In this section, the following definitions apply:
``(1) 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; or
``(ii) is necessary for an airport to comply with
part 139 of title 14, Code of Federal Regulations
(relating to airport certification).
``(2) Aviation security project.--The term `aviation security
project' means a security project at an airport required by the
Department of Homeland Security.
``(3) Federal agency.--The term `Federal agency' means a
department or agency of the United States Government.
``Sec. 47178. 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.
``(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.''.
(b) Conforming Amendment.--The analysis for chapter 471 of such title
is amended by adding at the end the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``47171. DOT as lead agency.
``47172. Categorical exclusions.
``47173. Access restrictions to ease construction.
``47174. Airport revenue to pay for mitigation.
``47175. Airport funding of FAA staff.
``47176. Authorization of appropriations.
``47177. Designation of aviation safety and aviation security projects
for priority environmental review.
``47178. Definitions.''.
SEC. 205. GOVERNOR'S CERTIFICATE.
Section 47106(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph
(B);
(2) in paragraph (2)(A) by striking ``stage 2'' and inserting
``stage 3'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4).
SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) by moving subparagraphs (C) and (D) 2 ems to the right;
(2) by striking ``and'' at the end of subparagraph (C);
(3) by striking the period at the end of subparagraph (D) and
inserting ``; and''; and
(4) by adding at the end the following:
``(E) to an airport operator of a congested airport
(as defined in section 47178) 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 47178) even
if that airport has not met the requirements of part
150 of title 14, Code of Federal Regulations.''.
SEC. 207. LIMITATIONS.
Nothing in this title, including any amendment made by this title,
shall preempt or interfere with--
(1) any practice of seeking public comment;
(2) any power, jurisdiction, or authority that a State agency
or an airport sponsor has with respect to carrying out an
airport capacity enhancement project; and
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C. 4371 et
seq.) and the regulations issued by the Council on
Environmental Quality to carry out such Act.
SEC. 208. RELATIONSHIP TO OTHER REQUIREMENTS.
The coordinated review process required under the amendments made by
this title shall apply to an airport capacity enhancement project at a
congested airport whether or not the project is designated by the
Secretary of Transportation as a high-priority transportation
infrastructure project under Executive Order 13274 (67 Fed. Reg. 59449;
relating to environmental stewardship and transportation infrastructure
project reviews).
TITLE III--FEDERAL AVIATION REFORM
SEC. 301. MANAGEMENT ADVISORY COMMITTEE MEMBERS.
Section 106(p) is amended--
(1) in the subsection heading by inserting ``and Air Traffic
Services Board'' after ``Council''; and
(2) in paragraph (2)--
(A) by striking ``consist of'' and all that follows
through ``members, who'' and inserting ``consist of 13
members, who'';
(B) by inserting after ``Senate'' in subparagraph
(C)(i) ``, except that initial appointments made after
May 1, 2003, shall be made by the Secretary of
Transportation'';
(C) by striking the semicolon at the end of
subparagraph (C)(ii) and inserting ``; and''; and
(D) by striking ``employees, by--'' in subparagraph
(D) and all that follows through the period at the end
of subparagraph (E) and inserting ``employees, by the
Secretary of Transportation.''.
SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE.
Section 106(p) is amended--
(1) in paragraph (3)--
(A) by striking ``(A) No federal officer or
employee.--'';
(B) by striking ``or (2)(E)'' and inserting ``or to
the Air Traffic Services Board''; and
(C) by striking subparagraphs (B) and (C);
(2) in paragraph (4)(C) by inserting ``or Air Traffic
Services Board'' after ``Council'' each place it appears;
(3) in paragraph (5) by inserting ``, the Air Traffic
Services Board,'' after ``Council'';
(4) in paragraph (6)(C)--
(A) by striking ``subcommittee'' in the subparagraph
heading and inserting ``board'';
(B) by striking ``member'' and inserting ``members'';
(C) by striking ``under paragraph (2)(E)'' the first
place it appears and inserting ``to the Air Traffic
Services Board''; and
(D) by striking ``of the members first'' and all that
follows through the period at the end and inserting
``the first members of the Board shall be the members
of the Air Traffic Services Subcommittee of the Council
on the day before the date of enactment of the Flight
100--Century of Aviation Reauthorization Act who shall
serve as members of the Board until their respective
terms as members of the Subcommittee would have ended
under this subparagraph, as in effect on such day.'';
(5) in paragraph (6)(D) by striking ``under paragraph
(2)(E)'' and inserting ``to the Board'';
(6) in paragraph (6)(E) by inserting ``or Board'' after
``Council'';
(7) in paragraph (6)(F) by inserting ``of the Council or
Board'' after ``member'';
(8) in the second sentence of subparagraph (6)(G)--
(A) by striking ``Council'' and inserting ``Board'';
and
(B) by striking ``appointed under paragraph (2)(E)'';
(9) in paragraph (6)(H)--
(A) by striking ``subcommittee'' in the subparagraph
heading and inserting ``board'';
(B) by striking ``under paragraph (2)(E)'' in clause
(i) and inserting ``to the Board''; and
(C) by striking ``Air Traffic Services Subcommittee''
and inserting ``Board'';
(10) in paragraph (6)(I)(i)--
(A) by striking ``appointed under paragraph (2)(E)
is'' and inserting ``is serving as''; and
(B) by striking ``Subcommittee'' and inserting
``Board'';
(11) in paragraph (6)(I)(ii)--
(A) by striking ``appointed under paragraph (2)(E)''
and inserting ``who is a member of the Board''; and
(B) by striking ``Subcommittee'' and inserting
``Board'';
(12) in paragraph (6)(K) by inserting ``or Board'' after
``Council'';
(13) in paragraph (6)(L) by inserting ``or Board'' after
``Council'' each place it appears; and
(14) in paragraph (7)--
(A) by striking ``subcommittee'' in the paragraph
heading and inserting ``board'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) Establishment.--The Administrator shall
establish a board 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 Flight 100--Century of Aviation
Reauthorization Act, into such board. The board shall
be known as the Air Traffic Services Board (in this
subsection referred to as the `Board').'';
(C) by redesignating subparagraphs (B) through (F) as
subparagraphs (D) through (H), respectively;
(D) by inserting after subparagraph (A) the
following:
``(B) Membership and qualifications.--Subject to
paragraph (6)(C), the Board shall consist of 5 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 board.--No member of
the Board 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.'';
(E) by striking ``Subcommittee'' each place it
appears in subparagraphs (D) and (E) (as redesignated
by subparagraph (C) of this paragraph) and inserting
``Board'';
(F) by striking ``approve'' in subparagraph (E)(v)(I)
(as so redesignated) and inserting ``make
recommendations on'';
(G) by striking ``request'' in subparagraph
(E)(v)(II) (as so redesignated) and inserting
``recommendations'';
(H) by striking ``ensure that the budget request
supports'' in subparagraph (E)(v)(III) (as so
redesignated) and inserting ``base such budget
recommendations on'';
(I) by striking ``The Secretary shall submit'' in
subparagraph (E) (as so redesignated) and all that
follows through the period at the end of such
subparagraph (E) and inserting ``The Secretary shall
submit the budget recommendations referred to in clause
(v) to the President who shall transmit such
recommendations to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee
on Appropriations of the Senate together with the
annual budget request of the Federal Aviation
Administration.'';
(J) by striking subparagraph (F) (as so redesignated)
and inserting the following:
``(F) Board personnel matters.--The Board may appoint
and terminate any personnel that may be necessary to
enable the Board to perform its duties, and may procure
temporary and intermittent services under section
40122.'';
(K) in subparagraph (G) (as so redesignated)--
(i) by striking clause (i);
(ii) by redesignating clauses (ii), (iii),
and (iv) as clauses (i), (ii), and (iii),
respectively; and
(iii) by striking ``Subcommittee'' each place
it appears in clauses (i), (ii), and (iii) (as
so redesignated) and inserting ``Board'';
(L) in subparagraph (H) (as so redesignated)--
(i) by striking ``Subcommittee'' each place
it appears and inserting ``Board'';
(ii) by striking ``Administrator, the
Council'' each place it appears in clauses (i)
and (ii) and inserting ``Secretary''; and
(iii) in clause (ii) by striking ``(B)(i)''
and inserting ``(D)(i)''; and
(M) by adding at the end the following:
``(I) Authorization.--There are authorized to be
appropriated to the Board such sums as may be necessary
for the Board to carry out its activities.''.
SEC. 303. CLARIFICATION OF THE RESPONSIBILITIES OF THE CHIEF OPERATING
OFFICER.
Section 106(r) is amended--
(1) in each of paragraphs (1)(A) and (2)(A) by striking ``Air
Traffic Services Subcommittee of the Aviation Management
Advisory Council'' and inserting ``Air Traffic Services
Board'';
(2) in paragraph (2)(B) by inserting ``in'' before
``paragraph (3).'';
(3) in paragraph (3) by striking ``Air Traffic Control
Subcommittee of the Aviation Management Advisory Committee''
and inserting ``Air Traffic Services Board'';
(4) in paragraph (4) by striking ``Transportation and
Congress'' and inserting ``Transportation, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate'';
(5) in paragraph (5)(A)--
(A) by striking ``develop a'' and inserting
``implement the''; and
(B) by striking ``, including the establishment of''
and inserting ``in order to further'';
(6) in paragraph (5)(B)--
(A) by striking ``review'' and all that follows
through ``Administration,'' and inserting ``oversee the
day-to-day operational functions of the Administration
for air traffic control,'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause (iii)
and inserting ``; and''; and
(D) by adding at the end the following:
``(iv) the management of cost-reimbursable
contracts.'';
(7) in paragraph (5)(C)(i) by striking ``prepared by the
Administrator'';
(8) in paragraph (5)(C)(ii) by striking ``and the Secretary
of Transportation'' and inserting ``and the Board''; and
(9) in paragraph (5)(C)(iii)--
(A) by inserting ``agency's'' before ``annual''; and
(B) by striking ``developed under subparagraph (A) of
this subsection.'' and inserting ``for air traffic
control services.''.
SEC. 304. SMALL BUSINESS OMBUDSMAN.
Section 106 is amended by adding at the end the following:
``(s) Small Business Ombudsman.--
``(1) Establishment.--There shall be in the Administration a
Small Business Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with small businesses in the
aviation industry;
``(C) be consulted when the Administrator proposes
regulations that may affect small businesses in the
aviation industry;
``(D) provide assistance to small businesses in
resolving disputes with the Administration; and
``(E) report directly to the Administrator.''.
SEC. 305. FAA PURCHASE CARDS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall take appropriate actions to implement the
recommendations contained in the report of the General Accounting
Office entitled ``FAA Purchase Cards: Weak Controls Resulted in
Instances of Improper and Wasteful Purchases and Missing Assets'',
numbered GAO-03-405 and dated March 21, 2003.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to Congress a report
containing a description of the actions taken by the Administrator
under this section.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COLLECTION.
(a) In General.--Section 329(b)(1) is amended by striking ``except
that in no case'' and all that follows through the semicolon at the
end.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the issuance of a final rule to modernize the
Origin and Destination Survey of Airline Passenger Traffic, pursuant to
the Advance Notice of Proposed Rulemaking published July 15, 1998
(Regulation Identifier Number 2105-AC71), that reduces the reporting
burden for air carriers through electronic filing of the survey data
collected under section 329(b)(1) of title 49, United States Code.
SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLVING PASSENGER AND
BAGGAGE SECURITY SCREENING.
Section 329 is amended by adding at the end the following:
``(e) Incidents and Complaints Involving Passenger and Baggage
Security Screening.--
``(1) Publication of data.--The Secretary of Transportation
shall publish data on incidents and complaints involving
passenger and baggage security screening in a manner comparable
to other consumer complaint and incident data.
``(2) Monthly reports from secretary of homeland security.--
To assist the Secretary of Transportation in the publication of
data under paragraph (1), the Secretary of Homeland Security
shall submit monthly to the Secretary of Transportation a
report on the number of complaints about security screening
received by the Secretary of Homeland Security.''.
SEC. 403. DEFINITIONS.
(a) In General.--Section 40102(a) is amended--
(1) by redesignating paragraphs (38) through (42) as
paragraphs (43) through (47), respectively;
(2) by inserting after paragraph (37) the following:
``(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.'';
(3) by redesignating paragraphs (33) through (37) as
paragraphs (37) through (41) respectively;
(4) by inserting after paragraph (32) the following:
``(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.'';
(5) by redesignating paragraph (32) as paragraph (35);
(6) by inserting after paragraph (31) the following:
``(34) `nonhub airport' means a commercial service airport
(as defined in section 47102) that has less than 0.05 percent
of the passenger boardings.'';
(7) by redesignating paragraphs (30) and (31) as paragraphs
(32) and (33), respectively;
(8) by inserting after paragraph (29) the following:
``(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.'';
(9) by redesignating paragraph (29) as paragraph (30); and
(10) by inserting after paragraph (28) the following:
``(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.''.
(b) Conforming Amendments.--
(1) Air service termination notice.--Section 41719(d) is
amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(2) Small community air service.--Section 41731(a) is amended
by striking paragraphs (3) through (5).
(3) Airports not receiving sufficient service.--Section 41743
is amended--
(A) in subsection (c)(1) by striking ``(as that term
is defined in section 41731(a)(5))''; and
(B) in subsection (f) by striking ``(as defined in
section 41731(a)(3))''.
(4) Preservation of basic essential air service at single
carrier dominated hub airports.--Section 41744(b) is amended by
striking ``(as defined in section 41731)''.
(5) Regional air service incentive program.--Section 41762 is
amended--
(A) by striking paragraphs (11) and (15); and
(B) by redesignating paragraphs (12), (13), (14), and
(16) as paragraphs (11), (12), (13), and (14),
respectively.
SEC. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY.
(a) Duties and Powers.--Section 40110(c) is amended--
(1) by striking ``Administration--'' and all that follows
through ``(2) may--'' and inserting ``Administration may--'';
(2) by striking subparagraph (D);
(3) by redesignating subparagraphs (A), (B), (C), (E), and
(F) as paragraphs (1), (2), (3), (4), and (5) respectively; and
(4) by moving such paragraphs (1) through (5) 2 ems to the
left.
(b) Acquisition Management System.--Section 40110(d) is amended--
(1) in paragraph (1)--
(A) by striking ``, not later than January 1,
1996,''; and
(B) by striking ``provides for more timely and cost-
effective acquisitions of equipment and materials.''
and inserting the following:
``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.''; and
(2) by striking paragraph (4), relating to the effective
date, and inserting the following:
``(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.''.
(c) Authority of Administrator To Acquire Services.--Section
106(f)(2)(A)(ii) is amended by inserting ``, services,'' after
``property''.
SEC. 405. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT EQUIPMENT.
(a) In General.--Section 40117(a)(3) is amended by inserting at the
end the following:
``(G) A project for the acquisition or conversion of
ground support equipment or airport-owned vehicles used
at a commercial service airport with, or to, low-
emission technology (as defined in section 47102) or
cleaner burning conventional fuels, or the retrofitting
of such equipment or vehicles that are powered by a
diesel or gasoline engine with emission control
technologies certified or verified by the Environmental
Protection Agency to reduce emissions, 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 47138.''.
(b) Maximum Cost for Certain Low-Emission Technology Projects.--
Section 40117(b) is amended by adding at the end the following:
``(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by imposition
of a passenger facility fee under this section for a project
described in subsection (a)(3)(G) with respect to 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.''.
(c) Ground Support Equipment Defined.--Section 40117(a) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(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.''.
SEC. 406. STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM.
(a) Application Requirements.--Section 40117(c) is amended--
(1) by adding at the end of paragraph (2) the following:
``(E) The agency will 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.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(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 who may be
affected, which 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 Web site.
``(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).''; and
(4) in the first sentence of paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ``shall'' and
inserting ``may''.
(b) Pilot Program for Passenger Facility Fee Authorizations at Nonhub
Airports.--Section 40117 is amended by adding at the end the following:
``(l) Pilot Program for Passenger Facility Fee 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.
An eligible agency may impose in accordance with the provisions
of this subsection a passenger facility fee 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) 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 under this subsection. This shall include--
``(A) information that the Secretary may require by
regulation on each project for which authority to
impose a passenger facility fee is sought;
``(B) the amount of revenue from passenger facility
fees that is proposed to be collected for each project;
and
``(C) the level of the passenger facility fee 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 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.--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 in accordance with the terms of its notice under
this subsection.
``(6) Deadline.--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 not be in effect 3 years
after the date of issuance of regulations to carry out this
subsection.
``(8) Acknowledgement not an order.--An acknowledgement
issued under paragraph (4) shall not be considered an order of
the Secretary issued under section 46110.''.
(c) Clarification of Applicability of PFCS to Military Charters.--
Section 40117(e)(2) is amended--
(1) by striking the period at the end of subparagraph (C) and
inserting a semicolon;
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(4) by inserting after subparagraph (E) the following:
``(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.''.
(d) Technical Amendments.--Section 40117(a)(3)(C) is amended--
(1) by striking ``for costs'' and inserting ``A project'';
and
(2) by striking the semicolon and inserting a period.
SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES.
(a) In General.--Section 40117 is further amended by adding at the
end the following:
``(m) Financial Management of Fees.--
``(1) Handling of fees.--
``(A) Placement of fees in escrow account.--Subject
to subparagraph (B), passenger facility revenue held by
an air carrier or any of its agents shall be segregated
from the carrier's cash and other assets and placed in
an escrow account for the benefit of the eligible
agencies entitled to such revenue.
``(B) Alternative method of compliance.--Instead of
placing amounts in an escrow account under subparagraph
(A), an air carrier may provide to the eligible agency
a letter of credit, bond, or other form of adequate and
immediately available security in an amount equal to
estimated remittable passenger facility fees for 180
days, to be assessed against later audit, upon which
security the eligible agency shall be entitled to draw
automatically, without necessity of any further legal
or judicial action to effectuate foreclosure.
``(2) Trust fund status.--If an air carrier or its agent
commingles 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.--An 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.--An 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.--An air carrier that collects
passenger facility fees is entitled to receive the interest on
passenger facility fee accounts, if the accounts are
established and maintained in compliance with this
subsection.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect 60 days after the date of enactment of this Act.
(2) Existing regulations.--Beginning 60 days after the date
of enactment of this Act, the provisions of section 158.49 of
title 14, Code of Federal Regulations, that permit the
commingling of passenger facility fees with other air carrier
revenue shall have no force or effect.
SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANSPORTATION.
(a) Government-Financed Air Transportation.--Section 40118(f)(2) is
amended by inserting before the period at the end the following: ``,
except that it shall not include a contract for the transportation by
air of passengers''.
(b) Airlift Service.--Section 41106(b) is amended by inserting after
``military department'' the following: ``, or by a person that has
contracted with the Secretary of Defense or the Secretary of a military
department,''.
SEC. 409. OVERFLIGHTS OF NATIONAL PARKS.
(a) Air Tour Management Act Clarifications.--Section 40128 is
amended--
(1) in subsection (a)(1) by inserting ``, as defined by this
section,'' after ``lands'' the first place it appears;
(2) in subsections (b)(3)(A), (b)(3)(B), and (b)(3)(C) by
inserting ``over a national park'' after ``operations'';
(3) in subsection (b)(3)(D) by striking ``at the park'' and
inserting ``over a national park'';
(4) in subsection (b)(3)(E) by inserting ``over a national
park'' after ``operations'' the first place it appears;
(5) in subsections (c)(2)(A)(i) and (c)(2)(B) by inserting
``over a national park'' after ``operations'';
(6) in subsection (f)(1) by inserting ``over a national
park'' after ``operation'';
(7) in subsection (f)(4)(A)--
(A) by striking ``commercial air tour operation'' and
inserting ``commercial air tour operation over a
national park''; and
(B) by striking ``park, or over tribal lands,'' and
inserting ``park (except the Grand Canyon National
Park), or over tribal lands (except those within or
abutting the Grand Canyon National Park),'';
(8) in subsection (f)(4)(B) by inserting ``over a national
park'' after ``operation''; and
(9) in the heading for paragraph (4) of subsection (f) by
inserting ``over a national park'' after ``operation''.
(b) Grand Canyon National Park Special Flight Rules Area Operation
Curfew.--
(1) In general.--The Administrator of the Federal Aviation
Administration may not restrict commercial Special Flight Rules
Area operations in the Dragon and Zuni Point corridors of the
Grand Canyon National Park during the period beginning 1 hour
after sunrise and ending 1 hour before sunset, unless required
for aviation safety purposes.
(2) Effect on existing regulations.--Beginning on the date of
enactment of this Act, section 93.317 of title 14, Code of
Federal Regulations, shall not be in effect.
SEC. 410. COLLABORATIVE DECISIONMAKING PILOT PROGRAM.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40129. Collaborative decisionmaking pilot program
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish a collaborative decisionmaking pilot
program in accordance with this section.
``(b) Duration.--Except as provided in subsection (k), the pilot
program shall be in effect for a period of 2 years.
``(c) Guidelines.--
``(1) Issuance.--The Administrator shall issue guidelines
concerning the pilot program. Such guidelines, at a minimum,
shall define the criteria and process for determining when a
capacity reduction event exists that warrants the use of
collaborative decisionmaking among carriers at airports
participating in the pilot program and that prescribe the
methods of communication to be implemented among carriers
during such an event.
``(2) Views.--The Administrator may obtain the views of
interested parties in issuing the guidelines.
``(d) Effect of Determination of Existence of Capacity Reduction
Event.--Upon a determination by the Administrator that a capacity
reduction event exists, the Administrator may authorize air carriers
and foreign air carriers operating at an airport participating in the
pilot program to communicate for a period of time not to exceed 24
hours with each other concerning changes in their respective flight
schedules in order to use air traffic capacity most effectively. The
Administration shall facilitate and monitor such communication.
``(e) Selection of Participating Airports.--Not later than 30 days
after the date on which the Administrator establishes the pilot
program, the Administrator shall select 3 airports to participate in
the pilot program from among the most capacity-constrained airports in
the country based on the Administration's Airport Capacity Benchmark
Report 2001 or more recent data on airport capacity that is available
to the Administrator. The Administrator shall select an airport for
participation in the pilot program if the Administrator determines that
collaborative decisionmaking among air carriers and foreign air
carriers would reduce delays at the airport and have beneficial effects
on reducing delays in the national airspace system as a whole.
``(f) Eligibility of Air Carriers.--An air carrier or foreign air
carrier operating at an airport selected to participate in the pilot
program is eligible to participate in the pilot program if the
Administrator determines that the carrier has the operational and
communications capability to participate in the pilot program.
``(g) Modification or Termination of Pilot Program at an Airport.--
The Administrator may modify or end the pilot program at an airport
before the term of the pilot program has expired, or may ban an air
carrier or foreign air carrier from participating in the program, if
the Administrator determines that the purpose of the pilot program is
not being furthered by participation of the airport or air carrier or
if the Secretary of Transportation finds that the pilot program or the
participation of an air carrier or foreign air carrier in the pilot
program has had, or is having, an adverse effect on competition among
carriers.
``(h) Evaluation.--
``(1) In general.--Before the expiration of the 2-year period
for which the pilot program is authorized under subsection (b),
the Administrator shall determine whether the pilot program has
facilitated more effective use of air traffic capacity and the
Secretary shall determine whether the pilot program has had an
adverse effect on airline competition or the availability of
air services to communities. The Administrator shall also
examine whether capacity benefits resulting from the
participation in the pilot program of an airport resulted in
capacity benefits to other parts of the national airspace
system.
``(2) Obtaining necessary data.--The Administrator may
require participating air carriers and airports to provide data
necessary to evaluate the pilot program's impact.
``(i) Extension of Pilot Program.--At the end of the 2-year period
for which the pilot program is authorized, the Administrator may
continue the pilot program for an additional 2 years and expand
participation in the program to up to 7 additional airports if the
Administrator determines pursuant to subsection (h) that the pilot
program has facilitated more effective use of air traffic capacity and
if the Secretary determines that the pilot program has had no adverse
effect on airline competition or the availability of air services to
communities. The Administrator shall select the additional airports to
participate in the extended pilot program in the same manner in which
airports were initially selected to participate.''.
(b) Conforming Amendment.--The analysis for chapter 401 is amended by
adding at the end the following:
``40129. Collaborative decisionmaking pilot program.''.
SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE INFORMATION.
(a) Domestic Air Transportation.--Section 41113(b) is amended--
(1) in paragraph (16) by striking ``the air carrier'' the
third place it appears; and
(2) by adding at the end the following:
``(17)(A) An assurance that, in the case of an accident that
results in significant damage to a man-made structure or other
property on the ground that is not government-owned, the air
carrier will promptly provide notice, in writing, to the extent
practicable, directly to the owner of the structure or other
property about liability for any property damage and means for
obtaining compensation.
``(B) At a minimum, the written notice shall advise an owner
(i) to contact the insurer of the property as the authoritative
source for information about coverage and compensation; (ii) to
not rely on unofficial information offered by air carrier
representatives about compensation by the air carrier for
accident-site property damage; and (iii) to obtain photographic
or other detailed evidence of property damage as soon as
possible after the accident, consistent with restrictions on
access to the accident site.
``(18) An assurance that, in the case of an accident in which
the National Transportation Safety Board conducts a public
hearing or comparable proceeding at a location greater than 80
miles from the accident site, the air carrier will ensure that
the proceeding is made available simultaneously by electronic
means at a location open to the public at both the origin city
and destination city of the air carrier's flight if that city
is located in the United States.''.
(b) Foreign Air Transportation.--Section 41313(c) is amended by
adding at the end the following:
``(17) Notice concerning liability for man-made structures.--
``(A) In general.--An assurance that, in the case of
an accident that results in significant damage to a
man-made structure or other property on the ground that
is not government-owned, the foreign air carrier will
promptly provide notice, in writing, to the extent
practicable, directly to the owner of the structure or
other property about liability for any property damage
and means for obtaining compensation.
``(B) Minimum contents.--At a minimum, the written
notice shall advise an owner (i) to contact the insurer
of the property as the authoritative source for
information about coverage and compensation; (ii) to
not rely on unofficial information offered by foreign
air carrier representatives about compensation by the
foreign air carrier for accident-site property damage;
and (iii) to obtain photographic or other detailed
evidence of property damage as soon as possible after
the accident, consistent with restrictions on access to
the accident site.
``(18) Simultaneous electronic transmission of ntsb
hearing.--An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts a
public hearing or comparable proceeding at a location greater
than 80 miles from the accident site, the foreign air carrier
will ensure that the proceeding is made available
simultaneously by electronic means at a location open to the
public at both the origin city and destination city of the
foreign air carrier's flight if that city is located in the
United States.''.
(c) Update Plans.--Air carriers and foreign air carriers shall update
their plans under sections 41113 and 41313 of title 49, United States
Code, respectively, to reflect the amendments made by subsections (a)
and (b) of this section not later than 90 days after the date of
enactment of this Act.
SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT.
(a) Beyond-Perimeter Exemptions.--Section 41718(a) is amended by
striking ``12'' and inserting ``24''.
(b) Within-Perimeter Exemptions.--Section 41718(b) is amended--
(1) by striking ``12'' and inserting ``20''; and
(2) by striking ``that were designated as medium hub or
smaller airports''.
(c) Limitations.--
(1) General exemptions.--Section 41718(c)(2) is amended by
striking ``two'' and inserting ``3''.
(2) Allocation of within-perimeter exemptions.--Section
41718(c)(3) is amended--
(A) in subparagraph (A)--
(i) by striking ``four'' and inserting
``six''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by striking ``eight'' and inserting
``ten''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) four shall be for air transportation to
airports without regard to their size.''.
(d) Application Procedures.--Section 41718(d) is amended to read as
follows:
``(d) Application Procedures.--The Secretary shall establish
procedures to ensure that all requests for exemptions under this
section are granted or denied within 90 days after the date on which
the request is made.''.
(e) Effect of Perimeter Rules on Competition and Air Service.--
(1) Identification of other airports.--The Secretary of
Transportation shall identify airports (other than Ronald
Reagan Washington National Airport) that have imposed perimeter
rules like those in effect with respect to Ronald Reagan
Washington National Airport.
(2) Limitation on applicability.--This subsection does not
apply to perimeter rules imposed by Federal law.
(3) Study.--The Secretary shall conduct a study of the effect
that perimeter rules for airports identified under paragraph
(1) have on competition and on air service to communities
outside the perimeter.
(4) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(f) Effect of Changing Definition of Commuter Air Carrier.--
(1) Study.--The Secretary shall study the effects of changing
the definition of commuter air carrier in regulations of the
Federal Aviation Administration to increase the maximum size of
aircraft of such carriers to 76 seats or less on air service to
small communities and on commuter air carriers operating
aircraft with 56 seats or less.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY.
(a) In General.--Subchapter I of chapter 417 is amended by adding at
the end the following:
``Sec. 41722. Notice concerning aircraft assembly
``The Secretary of Transportation shall require, beginning after the
last day of the 1-year period following the date of enactment of this
section, an air carrier using an aircraft to provide scheduled
passenger air transportation to display a notice, on an information
placard available to each passenger on the aircraft, that informs the
passengers of the nation in which the aircraft was finally
assembled.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended by
striking the item relating to section 41721 and inserting the
following:
``41721. Reports by carriers on incidents involving animals during air
transport.
``41722. Notice concerning aircraft assembly.''.
SEC. 414. SPECIAL RULE TO PROMOTE AIR SERVICE TO SMALL COMMUNITIES.
(a) In General.--Subchapter I of chapter 417 is further amended by
adding at the end the following:
``Sec. 41723. Special rule to promote air service to small communities
``In order to promote air service to small communities, the Secretary
of Transportation shall permit an operator of a turbine powered or
multiengine piston powered aircraft with 10 passenger seats or less (1)
to provide air transportation between an airport that is a nonhub
airport and another airport or between an airport that is not a
commercial service airport and another airport, and (2) to sell
individual seats on that aircraft at a negotiated price, if the
aircraft is otherwise operated in accordance with parts 119 and 135 of
title 14, Code of Federal Regulations, and the air transportation is
otherwise provided in accordance with part 298 of such title 14.''.
(b) Conforming Amendment.--The analysis for chapter 417 is further
amended by adding at the end the following:
``41723. Special rule to promote air service to small communities.''.
SEC. 415. SMALL COMMUNITY AIR SERVICE.
(a) Compensation Guidelines, Limitation, and Claims.--
(1) Payment of promotional amounts.--Section 41737(a)(2) is
amended by inserting before the period at the end ``or may be
paid directly to the unit of local government having
jurisdiction over the eligible place served by the air
carrier''.
(2) Local share.--Section 41737(a) is amended by adding at
the end the following:
``(3) Payment of cost by local government.--
``(A) General requirement.--The guidelines may
require a unit of local government having jurisdiction
over an eligible place that is less than 170 miles from
a medium or large hub or less than 75 miles from a
small hub or a State within the boundaries of which the
eligible place is located to pay 2.5 percent in fiscal
year 2005, 5 percent in fiscal year 2006, 7.5 percent
in fiscal year 2007, and 10 percent in fiscal year 2008
of the amount of compensation payable under this
subchapter for air transportation with respect to the
eligible place to ensure the continuation of that air
transportation.
``(B) Waiver.--The Secretary may waive the
requirement, or reduce the amount, of a payment from a
unit of local government under subparagraph (A) if the
Secretary finds that--
``(i) the unit of local government lacks the
ability to pay; and
``(ii) the loss of essential air service to
the eligible place would have an adverse effect
on the eligible place's access to the national
air transportation system.
``(C) Determination of mileage.--In determining the
mileage between the eligible place and a hub under this
paragraph, the Secretary shall use the most commonly
used highway route between the eligible place and the
hub.''.
(3) Authority to make agreements and incur obligations.--
Section 41737(d) is amended--
(A) by striking ``(1) The Secretary'' and inserting
the ``The Secretary''; and
(B) by striking paragraph (2).
(b) Airports Not Receiving Sufficient Service.--Section 41743 is
amended--
(1) in the heading of subsection (a) by striking ``Pilot'';
(2) in subsection (a) by striking ``pilot'';
(3) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(C) in paragraph (4) (as so redesignated)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) the assistance can be used in the fiscal year
in which it is received.''; and
(4) in subsection (f) by striking ``pilot''.
(c) Essential Air Service Authorization.--Section 41742 is amended--
(1) in subsection (a)(2) by striking ``$15,000,000'' and
inserting ``$65,000,000'';
(2) by adding at the end of subsection (a) the following:
``(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.''; and
(3) by striking subsection (c).
(d) Process for Discontinuing Certain Subsidies.--Section 41734 is
amended by adding at the end the following:
``(i) Process for Discontinuing Certain Subsidies.--If the Secretary
determines that no subsidy will be provided to a carrier to provide
essential air service to an eligible place because the eligible place
does not meet the requirements of section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000 (49 U.S.C.
41731 note; 113 Stat. 1022), the Secretary shall notify the affected
community that the subsidy will cease but shall continue to provide the
subsidy for 90 days after providing the notice to the community.''.
(e) Joint Proposals.--Section 41740 is amended by inserting ``,
including joint fares,'' after ``joint proposals''.
(f) Community and Regional Choice Program.--
(1) In general.--Subchapter II of chapter 417 is amended by
adding at the end the following:
``Sec. 41745. Community and regional choice program
``(a) Establishment.--The Secretary of Transportation shall establish
an alternate essential air service pilot program in accordance with the
requirements of this section.
``(b) Compensation 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 pay
compensation 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.
``(c) Use of Compensation.--A unit of local government or State
receiving compensation for an eligible place under the program shall
use the compensation for any of the following purposes:
``(1) To provide assistance to an air carrier to provide
scheduled air service to and from the eligible place, without
being subject to the requirements of 41732(b).
``(2) To provide assistance to an air carrier to provide on-
demand air taxi service to and from the eligible place.
``(3) 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.
``(4) 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.
``(5) To purchase aircraft, or a fractional share in
aircraft, to provide transportation to and from the eligible
place.
``(6) To pay for other transportation or related services
that the Secretary may permit.
``(d) Fractionally Owned Aircraft.--Notwithstanding any other
provision of law, only those operating rules that relate to an aircraft
that is fractionally owned apply when an aircraft described in
subsection (c)(5) is used to provide transportation described in
subsection (c)(5).
``(e) Applications.--
``(1) In general.--A unit of local government or State
seeking to participate in the program for an eligible place
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
required; and
``(B) a description of how the compensation will be
used.
``(f) Participation Requirements.--
``(1) Eligible places.--An eligible place for which
compensation is received under the program in a fiscal year
shall not be eligible to receive in that fiscal year the
essential air service that it would otherwise be entitled to
under this subchapter.
``(2) Governmental entities.--A unit of local government or
State receiving compensation for an eligible place under the
program in a fiscal year shall not be required to pay the local
share described in 41737(a)(3) in such fiscal year.
``(g) Subsequent Participation.--A unit of local government
participating in the program under this section in a fiscal year shall
not be prohibited from participating in the basic essential air service
program under this chapter in a subsequent fiscal year if such unit is
otherwise eligible to participate in such program.
``(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.''.
(2) Conforming amendment.--The analysis for chapter 417 is
amended by inserting after the item relating to section 41744
the following:
``41745. Community and regional choice program.''.
SEC. 416. TYPE CERTIFICATES.
(a) Agreements To Permit Use of Certificates by Other Persons.--
Section 44704(a) is amended by adding at the end the following:
``(3) 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. A person may manufacture a new
aircraft, aircraft engine, propeller, or appliance based on a type
certificate only if the person is the holder of the type certificate or
has permission from the holder.''.
(b) Certification of Products Manufactured in Foreign Nations.--
Section 44704 is further amended by adding at the end the following:
``(e) Certification of Products Manufactured in Foreign Nations.--In
order to ensure safety, the Administrator shall spend at least the same
amount of time and perform a no-less-thorough review in certifying, or
validating the certification of, an aircraft, aircraft engine,
propeller, or appliance manufactured in a foreign nation as the
regulatory authorities of that nation employ when the authorities
certify, or validate the certification of, an aircraft, aircraft
engine, propeller, or appliance manufactured in the United States.''.
SEC. 417. DESIGN ORGANIZATION CERTIFICATES.
(a) General Authority To Issue Certificates.--Effective on the last
day of the 7-year period beginning on the date of enactment of this
Act, section 44702(a) is amended by inserting ``design organization
certificates,'' after ``airman certificates,''.
(b) Design Organization Certificates.--
(1) Plan.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation
Administration 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 plan for the development and
oversight of a system for certification of design organizations
to certify compliance with the requirements and minimum
standards prescribed under section 44701(a) of title 49, United
States Code, for the type certification of aircraft, aircraft
engines, propellers, or appliances.
(2) Issuance of certificates.--Section 44704 is further
amended by adding at the end the following:
``(f) Design Organization Certificates.--
``(1) Issuance.--Beginning 7 years after the date of
enactment of this subsection, 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 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.--On receiving an application for a
type certificate under subsection (a) that is accompanied by a
certification of compliance by a design organization
certificated under this subsection, instead of conducting an
independent investigation under subsection (a), the
Administrator may issue the type certificate based on the
certification of compliance.
``(4) Public safety.--The Administrator shall include in a
design organization certificate issued under this subsection
terms required in the interest of safety.''.
(c) Reinspection and Reexamination.--Section 44709(a) is amended by
inserting ``design organization, production certificate holder,'' after
``appliance,''.
(d) Prohibitions.--Section 44711(a)(7) is amended by striking
``agency'' and inserting ``agency, design organization certificate, ''.
(e) Conforming Amendments.--
(1) Section heading.--Section 44704 is amended by striking
the section designation and heading and inserting the
following:
``Sec. 44704. Type certificates, production certificates, airworthiness
certificates, and design organization
certificates''.
(2) Chapter analysis.--The analysis for chapter 447 is
amended by striking the item relating to section 44704 and
inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates.''.
SEC. 418. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS VIOLATIONS.
Section 44726(a)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) whose certificate is revoked under subsection
(b); or''; and
(4) in subparagraph (C) (as redesignated by paragraph (2) of
this section) by striking ``convicted of such a violation.''
and inserting ``described in subparagraph (A) or (B).''.
SEC. 419. RUNWAY SAFETY STANDARDS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44727. Runway safety areas
``An airport owner or operator shall not be required to reduce the
length of a runway or declare the length of a runway to be less than
the actual pavement length in order to meet standards of the Federal
Aviation Administration applicable to runway safety areas.''.
(b) Conforming Amendment.--The analysis for chapter 447 is amended by
adding at the end the following:
``44727. Runway safety areas.''.
SEC. 420. AVAILABILITY OF MAINTENANCE INFORMATION.
(a) In General.--Chapter 447 is further amended by adding at the end
the following:
``Sec. 44728. Availability of maintenance information
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continue in effect the requirement of section
21.50(b) of title 14, Code of Federal Regulations, that the holder of a
design approval--
``(1) shall prepare and furnish at least one set of complete
instructions for continued airworthiness as prescribed in such
section to the owner of each type of aircraft, aircraft engine,
or propeller upon its delivery or upon the issuance of the
first standard airworthiness certificate for the affected
aircraft, whichever occurs later; and
``(2) thereafter shall make the instructions, and any changes
thereto, available to any other person required by parts 1
through 199 of title 14, Code of Federal Regulations, to comply
with any of the terms of the instructions.
``(b) Definitions.--In this section, the following definitions apply:
``(1) Make available.--The term `make available' means
providing at a cost not to exceed the cost of preparation and
distribution.
``(2) Design approval.--The term `design approval' means a
type certificate, supplemental type certificate, amended type
certificate, parts manufacturer approval, technical standard
order authorization, and any other action as determined by the
Administrator pursuant to subsection (c)(2).
``(3) Instructions for continued airworthiness.--The term
`instructions for continued airworthiness' means any
information (and any changes to such information) considered
essential to continued airworthiness that sets forth the
methods, techniques, and practices for performing maintenance
and alteration on civil aircraft, aircraft engines, propellers,
appliances or any part installed thereon. Such information may
include maintenance, repair, and overhaul manuals, standard
practice manuals, service bulletins, service letters, or
similar documents issued by a design approval holder.
``(c) Rulemaking.--The Administrator shall conduct a rulemaking
proceeding for the following purposes:
``(1) To determine the meaning of the phrase `essential to
continued airworthiness' of the applicable aircraft, aircraft
engine, and propeller as that term is used in parts 23 through
35 of title 14, Code of Federal Regulations.
``(2) To determine if a design approval should include, in
addition to those approvals specified in subsection (b)(2), any
other activity in which persons are required to have technical
data approved by the Administrator.
``(3) To revise existing rules to reflect the definition of
design approval holder in subsections (b)(2) and (c)(2).
``(4) To determine if design approval holders that prepared
instructions for continued airworthiness or maintenance manuals
before January 29, 1981, should be required to make the manuals
available (including any changes thereto) to any person
required by parts 1 through 199 of title 14, Code of Federal
Regulations, to comply with any of the terms of those manuals.
``(5) To require design approval holders that--
``(A) are operating an ongoing business concern;
``(B) were required to produce maintenance manuals or
instructions for continued airworthiness under section
21.50(b) of title 14, Code of Federal Regulations; and
``(C) have not done so,
to prepare those documents and make them available as required
by this section not later than 1 year after date on which the
regulations are published.
``(6) To revise its rules to reflect the changes made by this
section.
``(d) Limitation on Statutory Construction.--Nothing is this section
shall be construed as requiring the holder of a design approval to make
available proprietary information unless it is deemed essential to
continued airworthiness.''.
(b) Conforming Amendment.--The analysis for chapter 447 is further
amended by adding at the end the following:
``44728. Availability of maintenance information.''.
SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO A SECURITY THREAT.
(a) In General.--Chapter 461 is amended by adding at the end the
following:
``Sec. 46111. Certificate actions in response to a security threat
``(a) Orders.--The Administrator of Federal Aviation Administration
shall issue an order amending, modifying, suspending, or revoking any
part of a certificate issued under this title if the Administrator is
notified by the Under Secretary for Border and Transportation Security
of the Department of Homeland Security that the holder of the
certificate poses, or is suspected of posing, a risk of air piracy or
terrorism or a threat to airline or passenger safety. If requested by
the Under Secretary, the order shall be effective immediately.
``(b) Hearings for Citizens.--An individual who is a citizen of the
United States who is adversely affected by an order of the
Administrator under subsection (a) is entitled to a hearing on the
record.
``(c) Hearings.--When conducting a hearing under this section, the
administrative law judge shall not be bound by findings of fact or
interpretations of laws and regulations of the Administrator or the
Under Secretary.
``(d) Appeals.--An appeal from a decision of an administrative law
judge as the result of a hearing under subsection (b) shall be made to
the Transportation Security Oversight Board established by section 115.
The Board shall establish a panel to review the decision. The members
of this panel (1) shall not be employees of the Transportation Security
Administration, (2) shall have the level of security clearance needed
to review the determination made under this section, and (3) shall be
given access to all relevant documents that support that determination.
The panel may affirm, modify, or reverse the decision.
``(e) Review.--A person substantially affected by an action of a
panel under subsection (d), or the Under Secretary when the Under
Secretary decides that the action of the panel under this section will
have a significant adverse impact on carrying out this part, may obtain
review of the order under section 46110. The Under Secretary and the
Administrator shall be made a party to the review proceedings. Findings
of fact of the panel are conclusive if supported by substantial
evidence.
``(f) Explanation of Decisions.--An individual who commences an
appeal under this section shall receive a written explanation of the
basis for the determination or decision and all relevant documents that
support that determination to the maximum extent that the national
security interests of the United States and other applicable laws
permit.
``(g) Classified Evidence.--
``(1) In general.--The Under Secretary, in consultation with
the Administrator, shall issue regulations to establish
procedures by which the Under Secretary, as part of a hearing
conducting under this section, may substitute an unclassified
summary of classified evidence upon the approval of the
administrative law judge.
``(2) Approval and disapproval of summaries.--Under the
procedures, an administrative law judge shall--
``(A) approve a summary if the judge finds that it is
sufficient to enable the certificate holder to appeal
an order issued under subsection (a); or
``(B) disapprove a summary if the judge finds that it
is not sufficient to enable the certificate holder to
appeal such an order.
``(3) Modifications.--If an administrative law judge
disapproves a summary under paragraph (2)(B), the judge shall
direct the Under Secretary to modify the summary and resubmit
the summary for approval.
``(4) Insufficient modifications.--If an administrative law
judge is unable to approve a modified summary, the order issued
under subsection (a) that is the subject of the hearing shall
be set aside unless the judge finds that such a result--
``(A) would likely cause serious and irreparable harm
to the national security; or
``(B) would likely cause death or serious bodily
injury to any person.
``(5) Special procedures.--If an administrative law judge
makes a finding under subparagraph (A) or (B) of paragraph (4),
the hearing shall proceed without an unclassified summary
provided to the certificate holder. In such a case, subject to
procedures established by regulation by the Under Secretary in
consultation with the Administrator, the administrative law
judge shall appoint a special attorney to assist the accused
by--
``(A) reviewing in camera the classified evidence;
and
``(B) challenging, through an in camera proceeding,
the veracity of the evidence contained in the
classified information.''.
(b) Conforming Amendment.--The analysis for chapter 461 is amended by
adding at the end the following:
``46111. Certificate actions in response to a security threat.''.
SEC. 422. FLIGHT ATTENDANT CERTIFICATION.
(a) In General.--Chapter 447 is further amended by adding at the end
the following:
``Sec. 44729. 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 14, Code of Federal
Regulation, 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) contain the name of the air carrier that employs or
will employ the certificate holder on the date that the
certificate is issued;
``(4) is similar in size and appearance to certificates
issued to airmen;
``(5) contain the airplane group for which the certificate is
issued; and
``(6) be issued not later than 30 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) 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.''.
(b) Conforming Amendment.--The analysis for chapter 447 is further
amended by adding at the end the following:
``44729. Flight attendant certification.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the 365th day following the date of enactment of
this Act.
SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT WITHOUT PROVIDING
SUFFICIENT NOTICE.
(a) In General.--Chapter 463 is amended by adding at the end the
following:
``Sec. 46319. Closure of an airport without providing sufficient notice
``(a) Prohibition.--A public agency (as defined in section 47102) may
not close an airport listed in the national plan of integrated airport
systems under section 47103 without providing written notice to the
Administrator of the Federal Aviation Administration at least 30 days
before the date of the closure.
``(b) Publication of Notice.--The Administrator shall publish each
notice received under subsection (a) in the Federal Register.
``(c) Civil Penalty.--A public agency violating subsection (a) shall
be liable for a civil penalty of $10,000 for each day that the airport
remains closed without having given the notice required by this
section.''.
(b) Conforming Amendment.--The analysis for chapter 463 is amended by
adding at the end the following:
``46319. Closure of an airport without providing sufficient notice.''.
SEC. 424. NOISE EXPOSURE MAPS.
Section 47503 is amended--
(1) in subsection (a) by striking ``1985,'' and inserting ``a
forecast period that is at least 5 years in the future''; and
(2) by striking subsection (b) and inserting the following:
``(b) Revised Maps.--If, in an area surrounding an airport, a change
in the operation of the airport would establish a substantial new
noncompatible use, or would significantly reduce noise over existing
noncompatible uses, that is not reflected in either the existing
conditions map or forecast map currently on file with the Federal
Aviation Administration, the airport operator shall submit a revised
noise exposure map to the Secretary showing the new noncompatible use
or noise reduction.''.
SEC. 425. AMENDMENT OF GENERAL FEE SCHEDULE PROVISION.
The amendment made by section 119(d) of the Aviation and
Transportation Security Act (115 Stat. 629) shall not be affected by
the savings provisions contained in section 141 of that Act (115 Stat.
643).
SEC. 426. IMPROVEMENT OF CURRICULUM STANDARDS FOR AVIATION MAINTENANCE
TECHNICIANS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure that the training standards for airframe
and powerplant mechanics under part 65 of title 14, Code of Federal
Regulations, are updated and revised in accordance with this section.
The Administrator may update and revise the training standards through
the initiation of a formal rulemaking or by issuing an advisory
circular or other agency guidance.
(b) Elements for Consideration.--The updated and revised standards
required under subsection (a) shall include those curriculum
adjustments that are necessary to more accurately reflect current
technology and maintenance practices.
(c) Minimum Training Hours.--In making adjustments to the maintenance
curriculum requirements pursuant to this section, the current
requirement of 1900 minimum training hours shall be maintained.
(d) Certification.--Any adjustment or modification of current
curriculum standards made pursuant to this section shall be reflected
in the certification examinations of airframe and powerplant mechanics.
(e) Completion.--The revised and updated training standards required
by subsection (a) shall be completed not later than 12 months after the
date of enactment of this Act.
(f) Periodic Reviews and Updates.--The Administrator shall review the
content of the curriculum standards for training airframe and
powerplant mechanics referred to in subsection (a) every 3 years after
completion of the revised and updated training standards required under
subsection (a) as necessary to reflect current technology and
maintenance practices.
SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPORTATION SYSTEM.
(a) In General.--The President shall establish a task force to work
with the Next Generation Air Transportation System Joint Program Office
authorized under section 106(k)(3).
(b) Membership.--The task force shall be composed of representatives,
appointed by the President, from air carriers, general aviation,
pilots, and air traffic controllers and the following government
organizations:
(1) The Federal Aviation Administration.
(2) The National Aeronautics and Space Administration.
(3) The Department of Defense.
(4) The Department of Homeland Security.
(5) The National Oceanic and Atmospheric Administration.
(6) Other government organizations designated by the
President.
(c) Function.--The function of the task force shall be to develop an
integrated plan to transform the Nation's air traffic control system
and air transportation system to meet its future needs.
(d) Plan.--Not later than 1 year after the date of establishment of
the task force, the task force shall transmit to the President and
Congress a plan outlining the overall strategy, schedule, and resources
needed to develop and deploy the Nation's next generation air traffic
control system and air transportation system.
SEC. 428. AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall undertake the studies and analysis called for in
the report of the National Research Council entitled ``The Airliner
Cabin Environment and the Health of Passengers and Crew''.
(b) Required Activities.--In carrying out this section, the
Administrator, at a minimum, shall--
(1) conduct surveillance to monitor ozone in the cabin on a
representative number of flights and aircraft to determine
compliance with existing Federal Aviation Regulations for
ozone;
(2) collect pesticide exposure data to determine exposures of
passengers and crew; and
(3) analyze samples of residue from aircraft ventilation
ducts and filters after air quality incidents to identify the
allergens, diseases, and other contaminants to which passengers
and crew were exposed.
(c) Report.--Not later than 30 months after the date of enactment of
this Act, the Administrator shall transmit to Congress a report on the
findings of the Administrator under this section.
SEC. 429. RECOMMENDATIONS CONCERNING TRAVEL AGENTS.
(a) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Transportation shall transmit to Congress a
report on any actions that should be taken with respect to
recommendations made by the National Commission to Ensure Consumer
Information and Choice in the Airline Industry on--
(1) the travel agent arbiter program; and
(2) the special box on tickets for agents to include their
service fee charges.
(b) Consultation.--In preparing this report, the Secretary shall
consult with representatives from the airline and travel agent
industry.
SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLICATIONS OF TECHNOLOGY
FOR MILITARY AIRCRAFT TO CIVILIAN AIRCRAFT.
(a) In General.--The President shall establish a task force to look
for better methods for ensuring that technology developed for military
aircraft is more quickly and easily transferred to applications for
improving and modernizing the fleet of civilian aircraft.
(b) Membership.--The task force shall be composed of the Secretary of
Transportation who shall be the chair of the task force and
representatives, appointed by the President, from the following:
(1) The Department of Transportation.
(2) The Federal Aviation Administration.
(3) The Department of Defense.
(4) The National Aeronautics and Space Administration.
(5) The aircraft manufacturing industry.
(6) Such other organizations as the President may designate.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the task force shall report to Congress on the methods looked
at by the task force for ensuring the transfer of applications
described in subsection (a).
SEC. 431. REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL AVIATION
ENTITIES.
(a) In General.--The Secretary of Transportation may make grants to
reimburse the following general aviation entities for the security
costs incurred and revenue foregone as a result of the restrictions
imposed by the Federal Government following the terrorist attacks on
the United States that occurred on September 11, 2001, or the military
action to free the people of Iraq that commenced in March 2003:
(1) General aviation entities that operate at Ronald Reagan
Washington National Airport.
(2) Airports that are located within 15 miles of Ronald
Reagan Washington National Airport and were operating under
security restrictions on the date of enactment of this Act and
general aviation entities operating at those airports.
(3) General aviation entities that were affected by Federal
Aviation Administration Notices to Airmen FDC 2/0199 and 3/1862
and section 352 of the Department of Transportation and Related
Agencies Appropriations Act, 2003 (P.L. 108-7, Division I).
(4) General aviation entities affected by implementation of
section 44939 of title 49, United States Code.
(5) Any other general aviation entity that is prevented from
doing business or operating by an action of the Federal
Government prohibiting access to airspace by that entity.
(b) Documentation.--Reimbursement under this section shall be made in
accordance with sworn financial statements or other appropriate data
submitted by each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the Secretary.
(c) General Aviation Entity Defined.--In this section, the term
``general aviation entity'' means any person (other than a scheduled
air carrier or foreign air carrier, as such terms are defined in
section 40102 of title 49, United States Code) that--
(1) operates nonmilitary aircraft under part 91 of title 14,
Code of Federal Regulations, for the purpose of conducting its
primary business;
(2) manufactures nonmilitary aircraft with a maximum seating
capacity of fewer than 20 passengers or aircraft parts to be
used in such aircraft;
(3) provides services necessary for nonmilitary operations
under such part 91; or
(4) operates an airport, other than a primary airport (as
such terms are defined in such section 40102), that--
(A) is listed in the national plan of integrated
airport systems developed by the Federal Aviation
Administration under section 47103 of such title; or
(B) is normally open to the public, is located within
the confines of enhanced class B airspace (as defined
by the Federal Aviation Administration in Notice to
Airmen FDC 1/0618), and was closed as a result of an
order issued by the Federal Aviation Administration in
the period beginning September 11, 2001, and ending
January 1, 2002, and remained closed as a result of
that order on January 1, 2002.
Such term includes fixed based operators, flight schools, manufacturers
of general aviation aircraft and products, persons engaged in
nonscheduled aviation enterprises, and general aviation independent
contractors.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000. Such sums shall
remain available until expended.
SEC. 432. IMPASSE PROCEDURES FOR NATIONAL ASSOCIATION OF AIR TRAFFIC
SPECIALISTS.
(a) Failure of Current Negotiations.--If, within 30 days after the
date of enactment of this Act, the Federal Aviation Administration and
the exclusive bargaining representative of the National Association of
Air Traffic Specialists have failed to achieve agreement through a
mediation process of the Federal Mediation and Conciliation Service,
the current labor negotiation shall be treated for purposes of this
section to have failed.
(b) Submission to Impasse Panel.--Not later than 30 days after the
negotiation has failed under subsection (a), the parties to the
negotiation shall submit unresolved issues to the Federal Service
Impasses Panel described in section 7119(c) of title 5, United States
Code, for final and binding resolution.
(c) Assistance.--The Panel shall render assistance to the parties in
resolving their dispute in accordance with section 7119 of title 5,
United States Code, and parts 2470 and 2471 of title 5, Code of Federal
Regulations.
(d) Determination.--The Panel shall make a just and reasonable
determination of the matters in dispute. In arriving at such
determination, the Panel shall specify the basis for its findings,
taking into consideration such relevant factors as are normally and
customarily considered in the determination of wages or impasse Panel
proceedings. The Panel shall also take into consideration the financial
ability of the Administration to pay.
(e) Effect of Panel Determination.--The determination of the Panel
shall be final and binding upon the parties for the period prescribed
by the Panel or a period otherwise agreed to by the parties.
(f) Review.--The determination of the Panel shall be subject to
review in the manner prescribed in chapter 71 of title 5, United States
Code.
SEC. 433. FAA INSPECTOR TRAINING.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the training of the aviation safety inspectors of the
Federal Aviation Administration (in this section referred to as
``FAA inspectors'').
(2) Contents.--The study shall include--
(A) an analysis of the type of training provided to
FAA inspectors;
(B) actions that the Federal Aviation Administration
has undertaken to ensure that FAA inspectors receive
up-to-date training on the latest technologies;
(C) the extent of FAA inspector training provided by
the aviation industry and whether such training is
provided without charge or on a quid-pro-quo basis; and
(D) the amount of travel that is required of FAA
inspectors in receiving training.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General 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
results of the study.
(b) Sense of the House.--It is the sense of the House of
Representatives that--
(1) FAA inspectors should be encouraged to take the most up-
to-date initial and recurrent training on the latest aviation
technologies;
(2) FAA inspector training should have a direct relation to
an individual's job requirements; and
(3) if possible, a FAA inspector should be allowed to take
training at the location most convenient for the inspector.
(c) Workload of Inspectors.--
(1) Study by national academy of sciences.--Not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall make appropriate
arrangements for the National Academy of Sciences to conduct a
study of the assumptions and methods used by the Federal
Aviation Administration to estimate staffing standards for FAA
inspectors to ensure proper oversight over the aviation
industry, including the designee program.
(2) Contents.--The study shall include the following:
(A) A suggested method of modifying FAA inspectors
staffing models for application to current local
conditions or applying some other approach to
developing an objective staffing standard.
(B) The approximate cost and length of time for
developing such models.
(3) Report.--Not later than 12 months after the initiation of
the arrangements under subsection (a), the National Academy of
Sciences shall transmit to Congress a report on the results of
the study.
SEC. 434. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.
(a) In General.--The Secretary of Transportation may not authorize
the transfer of the air traffic separation and control functions
operated by the Federal Aviation Administration on the date of
enactment of this Act to a private entity or to a public entity other
than the United States Government.
(b) Contract Tower Program.--Subsection (a) shall not apply to the
contract tower program authorized by section 47124 of title 49, United
States Code.
SEC. 435. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately 1,400,000
members who are stationed on active duty at more than 6,000
military bases in 146 different countries;
(2) the United States is indebted to the members of the Armed
Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long periods
of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted advance
airline tickets in order to visit their loved ones at home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation's interests around the world at great
personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that each United
States air carrier should--
(1) establish for all members of the Armed Forces on active
duty reduced air fares that are comparable to the lowest
airfare for ticketed flights; and
(2) offer flexible terms that allow members of the Armed
Forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, and penalties.
SEC. 436. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED AIR
SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49
U.S.C. 40101 note; 115 stat. 645) is amended by striking ``more than''
and all that follows through ``after'' and inserting ``more than 36
months after''.
SEC. 437. INTERNATIONAL AIR SHOW.
(a) Study.--The Secretary of Transportation shall study the
feasibility of the United States hosting a world-class international
air show.
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a) together with
recommendations concerning potential locations at which the air show
could be held.
SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER.
(a) Civil Service Retirement System.--Section 8331 of title 5, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section
2109(1); and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of
section 2109(1)) is a prerequisite.''.
(b) Federal Employees' Retirement System.--Section 8401 of title 5,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by adding at the end the following:
``(35) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section
2109(1); and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of
section 2109(1)) is a prerequisite.''.
(c) Mandatory Separation Treatment Not Affected.--
(1) Civil service retirement system.--Section 8335(a) of
title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term `air
traffic controller' or `controller' has the meaning given to it
under section 8331(29)(A).''.
(2) Federal employees' retirement system.--Section 8425(a) of
title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term `air
traffic controller' or `controller' has the meaning given to it
under section 8401(35)(A).''.
(d) Effective Date.--This section and the amendments made by this
section--
(1) shall take effect on the 60th day after the date of
enactment of this Act; and
(2) shall apply with respect to--
(A) any annuity entitlement to which is based on an
individual's separation from service occurring on or
after that 60th day; and
(B) any service performed by any such individual
before, on, or after that 60th day, subject to
subsection (e).
(e) Deposit Required for Certain Prior Service To Be Creditable as
Controller Service.--
(1) Deposit requirement.--For purposes of determining
eligibility for immediate retirement under section 8412(e) of
title 5, United States Code, the amendment made by subsection
(b) shall, with respect to any service described in paragraph
(2), be disregarded unless there is deposited into the Civil
Service Retirement and Disability Fund, with respect to such
service, in such time, form, and manner as the Office of
Personnel Management by regulation requires, an amount equal to
the amount by which--
(A) the deductions from pay which would have been
required for such service if the amendments made by
this section had been in effect when such service was
performed, exceeds
(B) the unrefunded deductions or deposits actually
made under subchapter II of chapter 84 of such title 5
with respect to such service.
The amount under the preceding sentence shall include interest,
computed under paragraphs (2) and (3) of section 8334(e) of
such title 5.
(2) Prior service described.--This subsection applies with
respect to any service performed by an individual, before the
60th day following the date of enactment of this Act, as an
employee described in section 8401(35)(B) of such title 5 (as
set forth in subsection (b)).
SEC. 439. JUSTIFICATION FOR AIR DEFENSE IDENTIFICATION ZONE.
(a) In General.--If the Administrator of the Federal Aviation
Administration establishes an Air Defense Identification Zone (in this
section referred as an ``ADIZ''), the Administrator shall transmit, not
later than 60 days after the date of establishing the ADIZ, 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 an explanation of the
need for the ADIZ. The Administrator also shall transmit to the
Committees updates of the report every 60 days until the ADIZ is
rescinded. The reports and updates shall be transmitted in classified
form.
(b) Existing ADIZ.--If an ADIZ is in effect on the date of enactment
of this Act, the Administrator shall transmit an initial report under
subsection (a) not later than 30 days after such date of enactment.
(c) Definition.--In this section, the terms ``Air Defense
Identification Zone'' and ``ADIZ'' each mean a zone established by the
Administrator with respect to airspace under 18,000 feet in
approximately a 15- to 38-mile radius around Washington, District of
Columbia, for which security measures are extended beyond the existing
15-mile no-fly zone around Washington and in which general aviation
aircraft are required to adhere to certain procedures issued by the
Administrator.
SEC. 440. INTERNATIONAL AIR TRANSPORTATION.
It is the sense of Congress that, in an effort to modernize its
regulations, the Department of Transportation should formally define
``Fifth Freedom'' and ``Seventh Freedom'' consistently for both
scheduled and charter passenger and cargo traffic.
SEC. 441. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND
RELATED ACTIVITIES.
The Secretary of Transportation, subject to the availability of funds
(other than amounts in the Aviation Trust Fund) provided for this
purpose, shall reimburse air carriers and airports for the following:
(1) All screening and related activities that the air
carriers or airports are still performing or continuing to be
responsible for, including--
(A) the screening of catering supplies;
(B) checking documents at security checkpoints;
(C) screening of passengers; and
(D) screening of persons with access to aircraft.
(2) The provision of space and facilities used to perform
screening functions if such space and facilities have been
previously used, or were intended to be used, for revenue-
producing purposes.
SEC. 442. GENERAL AVIATION FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
It is the sense of Congress that Ronald Reagan Washington National
Airport should be open to general aviation flights as soon as possible.
TITLE V--AIRPORT DEVELOPMENT
SEC. 501. DEFINITIONS.
(a) In General.--Section 47102 is amended--
(1) by redesignating paragraphs (19) and (20) as paragraphs
(24) and (25), respectively;
(2) by inserting after paragraph (18) the following:
``(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.'';
(3) in paragraph (10) by striking subparagraphs (A) and (B)
and inserting following:
``(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.'';
(4) by redesignating paragraphs (10) through (18) as
paragraphs (14) through (22), respectively;
(5) by inserting after paragraph (9) the following:
``(10) `large hub airport' means a commercial service airport
that has at least 1.0 percent of the passenger boardings.
``(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.'';
and
(6) by striking paragraph (6) and inserting the following:
``(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).''.
(b) Conforming Amendment.--Section 47116(b)(1) is amended by striking
``(as defined in section 41731 of this title)''.
SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYSTEMS.
Section 47102(3)(B)(x) is amended by striking the period at the end
and inserting the following: ``; except that such activities shall be
eligible for funding under this subchapter only using amounts
apportioned under section 47114.''.
SEC. 503. SECURITY COSTS AT SMALL AIRPORTS.
(a) Security Costs.--Section 47102(3)(J) is amended to read as
follows:
``(J) in the case of a nonhub airport or an airport
that is not a primary airport in fiscal year 2004,
direct costs associated with new, additional, or
revised security requirements imposed on airport
operators by law, regulation, or order on or after
September 11, 2001, if the Government's share is paid
only from amounts apportioned to a sponsor under
section 47114(c) or 47114(d)(3)(A).''.
(b) Conforming Amendment.--Section 47110(b)(2) is amended--
(1) in subparagraph (D) by striking ``, 47102(3)(K), or
47102(3)(L)''; and
(2) by aligning the margin of subparagraph (D) with the
margin of subparagraph (B).
SEC. 504. WITHHOLDING OF PROGRAM APPLICATION APPROVAL.
Section 47106(d) is amended--
(1) in paragraph (1) by striking ``section 47114(c) and (e)
of this title'' and inserting ``subsections (c), (d), and (e)
of section 47114''; and
(2) by adding at the end the following:
``(4) If the Secretary withholds a grant to an airport from the
discretionary fund under section 47115 or from the small airport fund
under section 47116 on the grounds that the sponsor has violated an
assurance or requirement of this subchapter, the Secretary shall follow
the procedures of this subsection.''.
SEC. 505. RUNWAY SAFETY AREAS.
Section 47106 is amended by adding at the end the following:
``(h) Runway Safety Areas.--The Secretary may approve an application
under this chapter for a project grant to construct, reconstruct,
repair, or improve a runway only if the Secretary receives written
assurances, satisfactory to the Secretary, that the sponsor will
undertake, to the maximum extent practical, improvement of the runway's
safety area to meet the standards of the Federal Aviation
Administration.''.
SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE COMPATIBILITY
PURPOSES.
Section 47107(c) is amended by adding at the end the following:
``(4) Notwithstanding paragraph (2)(A)(iii), an airport owner or
operator may retain all or any portion of the proceeds from a land
disposition described in that paragraph if the Secretary finds that the
use of the land will be compatible with airport purposes and the
proceeds retained will be used for airport development or to carry out
a noise compatibility program under section 47504(c).''.
SEC. 507. GRANT ASSURANCES.
(a) Hangar Construction.--Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following:
``(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 (of not less than 50 years) that
is subject to such terms and conditions on the hangar as the
airport owner or operator may impose.''.
(b) Statute of Limitations..--Section 47107(l)(5)(A) is amended by
inserting ``or any other governmental entity'' after ``sponsor''.
(c) Audit Certification.--Section 47107(m) is amended--
(1) in paragraph (1) by striking ``promulgate regulations
that'' and inserting ``include a provision in the compliance
supplement provisions to'';
(2) in paragraph (1) by striking ``and opinion of the
review''; and
(3) by striking paragraph (3).
SEC. 508. ALLOWABLE PROJECT COSTS.
(a) Construction or Modification of Public Parking Facilities for
Security Purposes.--Section 47110 is amended--
(1) in subsection (f) by striking ``subsection (d)'' and
inserting ``subsections (d) and (h)''; and
(2) by adding at the end the following:
``(h) Construction or Modification of Public Parking Facilities for
Security Purposes.--Notwithstanding subsection (f)(1), a cost of
constructing or modifying a public parking facility for passenger
automobiles to comply with a regulation or directive of the Department
of Homeland Security shall be treated as an allowable airport
development project cost.''.
(b) Debt Financing.--Section 47110 is further amended by adding at
the end the following:
``(i) Debt Financing.--In the case of an airport that is not a medium
hub airport or large hub airport, the Secretary may determine that
allowable airport development project costs include payments of
interest, commercial bond insurance, and other credit enhancement costs
associated with a bond issue to finance the project.''.
(c) Clarification of Allowable Costs..--Section 47110(b)(1) is
amended by inserting before the semicolon at the end ``and any cost of
moving a Federal facility impeding the project if the rebuilt facility
is of an equivalent size and type''.
(d) Technical Amendments.--Section 47110(e) is amended by aligning
the margin of paragraph (6) with the margin of paragraph (5).
SEC. 509. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) Formula Changes.--Section 47114(c)(1)(A) is amended by striking
clauses (iv) and (v) and by inserting the following:
``(iv) $.65 for each of the next 500,000
passenger boardings at the airport during the
prior calendar year;
``(v) $.50 cents for each of the next
2,500,000 passenger boardings at the airport
during the prior calendar year; and
``(vi) $.45 cents for each additional
passenger boarding at the airport during the
prior calendar year.''.
(b) Special Rule for Fiscal Years 2004 and 2005.--Section 47114(c)(1)
is amended by adding at the end the following:
``(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;
``(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.''.
SEC. 510. CARGO AIRPORTS.
Section 47114(c)(2) is amended--
(1) in the paragraph heading by striking ``only''; and
(2) in subparagraph (A) by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 511. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS.
Section 47115(d) is amended to read as follows:
``(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); and
``(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.
``(2) For all projects.--In selecting a project for a grant
described in paragraph (1), the Secretary shall consider
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.''.
SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) In General.--Section 47117(c) is amended to read as follows:
``(c) Use of Sponsor's Apportioned Amounts at Public Use Airports.--
``(1) Of sponsor.--An amount apportioned to a sponsor of an
airport under section 47114(c) or 47114(d)(3)(A) is available
for grants for any public-use airport of the sponsor included
in the national plan of integrated airport systems.
``(2) In same state or area.--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 section 47114(c) or 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.''.
(b) Project Grant Agreements.--Section 47108(a) is amended by
inserting ``or 47114(d)(3)(A)'' after ``under section 47114(c)''.
(c) Allowable Project Costs.--Section 47110 is further amended--
(1) in subsection (b)(2)(C) by striking ``of this title'' and
inserting ``or section 47114(d)(3)(A)'';
(2) in subsection (g)--
(A) by inserting ``or section 47114(d)(3)(A)'' after
``of section 47114(c)''; and
(B) by striking ``of project'' and inserting ``of the
project''; and
(3) by adding at the end the following:
``(j) Nonprimary Airports.--The Secretary may decide that the costs
of revenue producing aeronautical support facilities, including fuel
farms and hangars, 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.''.
(d) Terminal Development Costs.--Section 47119(b) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year under
section 47114(d)(3)(A) for project costs allowable under
section 47110(d).''.
SEC. 513. USE OF APPORTIONED AMOUNTS.
(a) Special Apportionment Categories.--Section 47117(e)(1)(A) is
amended--
(1) by striking ``of this title'' the first place it appears
and inserting a comma; and
(2) by striking ``of this title'' the second place it appears
and inserting ``, 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 47140, and for airport development described in section
47102(3)(F) or 47102(3)(K) to comply with the Clean Air Act (42
U.S.C. 7401 et seq.)''.
(b) Elimination of Super Reliever Set-Aside.--Section 47117(e)(1)(C)
is repealed.
(c) Recovered Funds.--Section 47117 is further amended by adding at
the end the following:
``(h) Treatment of Canceled or Reduced Grant Obligations.--For the
purpose of determining compliance with a limitation, enacted in an
appropriations Act, on the amount of grant obligations of funds made
available by section 48103 that may be incurred in a fiscal year, an
amount that is recovered by canceling or reducing a grant obligation of
funds made available by section 48103 shall be treated as a negative
obligation that is to be netted against the obligation limitation as
enacted and thus may permit the obligation limitation to be exceeded by
an equal amount.''.
SEC. 514. MILITARY AIRPORT PROGRAM.
Subsections (e) and (f) of section 47118 are each amended by striking
``$7,000,000'' and inserting ``$10,000,000''.
SEC. 515. TERMINAL DEVELOPMENT COSTS.
Section 47119(a) is amended to read as follows:
``(a) Repaying Borrowed Money.--
``(1) Terminal development costs incurred after june 30,
1970, and before july 12, 1976.--An amount apportioned under
section 47114 and made available to the sponsor of a commercial
service airport at which terminal development was carried out
after June 30, 1970, and before July 12, 1976, is available to
repay immediately money borrowed and used to pay the costs for
such terminal development if those costs would be allowable
project costs under section 47110(d) if they had been incurred
after September 3, 1982.
``(2) Terminal development costs incurred between january 1,
1992, and october 31, 1992.--An amount apportioned under
section 47114 and made available to the sponsor of a nonhub
airport at which terminal development was carried out between
January 1, 1992, and October 31, 1992, is available to repay
immediately money borrowed and to pay the costs for such
terminal development if those costs would be allowable project
costs under section 47110(d).
``(3) Terminal development costs at primary airports.--An
amount apportioned under section 47114 or available under
subsection (b)(3) to a primary airport--
``(A) that was a nonhub airport in the most recent
year used to calculate apportionments under section
47114;
``(B) that is a designated airport under section
47118 in fiscal year 2003; and
``(C) at which terminal development is carried out
between January 2003 and August 2004,
is available to repay immediately money borrowed and used to
pay the costs for such terminal development if those costs
would be allowable project costs under section 47110(d).
``(4) Conditions for grant.--An amount is available for a
grant under this subsection only if--
``(A) the sponsor submits the certification required
under section 47110(d);
``(B) the Secretary of Transportation decides that
using the amount to repay the borrowed money will not
defer an airport development project outside the
terminal area at that airport; and
``(C) amounts available for airport development under
this subchapter will not be used for additional
terminal development projects at the airport for at
least 3 years beginning on the date the grant is used
to repay the borrowed money.
``(5) Applicability of certain limitations.--A grant under
this subsection shall be subject to the limitations in
subsection (b)(1) and (2).''.
SEC. 516. CONTRACT TOWERS.
Section 47124(b) is amended--
(1) in paragraph (1) by striking ``on December 30, 1987,''
and inserting ``on date of enactment of the Flight 100--Century
of Aviation Reauthorization Act'';
(2) in the heading for paragraph (3) by striking ``pilot'';
(3) in paragraph (4)(C) by striking ``$1,100,000'' and
inserting ``$1,500,000''; and
(4) by striking ``pilot'' each place it appears.
SEC. 517. AIRPORT SAFETY DATA COLLECTION.
Section 47130 is amended to read as follows:
``Sec. 47130. Airport safety data collection
``Notwithstanding any other provision of law, the Administrator of
the Federal Aviation Administration may award a contract, using sole
source or limited source authority, or enter into a cooperative
agreement with, or provide a grant from amounts made available under
section 48103 to, a private company or entity for the collection of
airport safety data. In the event that a grant is provided under this
section, the United States Government's share of the cost of the data
collection shall be 100 percent.''.
SEC. 518. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) In General.--Section 47134(b)(1) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii) and
inserting the following:
``(i) in the case of a primary airport, by at
least 65 percent of the scheduled air carriers
serving the airport and by scheduled and
nonscheduled air carriers whose aircraft
landing at the airport during the preceding
calendar year, had a total landed weight during
the preceding calendar year of at least 65
percent of the total landed weight of all
aircraft landing at the airport during such
year; or
``(ii) by the Secretary at any nonprimary
airport after the airport has consulted with at
least 65 percent of the owners of aircraft
based at that airport, as determined by the
Secretary.'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) Objection to exemption.--An air carrier shall
be deemed to have approved a sponsor's application for
an exemption under subparagraph (A) unless the air
carrier has submitted an objection, in writing, to the
sponsor within 60 days of the filing of the sponsor's
application with the Secretary, or within 60 days of
the service of the application upon that air carrier,
whichever is later.''.
(b) Federal Share.--Section 47109(a) is amended--
(1) by inserting ``and'' at the end of paragraph (3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 519. INNOVATIVE FINANCING TECHNIQUES.
(a) Eligible Projects.--Section 47135(a) is amended--
(1) in the first sentence by inserting after ``approve'' the
following: ``after the date of enactment of the Flight 100--
Century of Aviation Reauthorization Act'';
(2) in the first sentence by striking ``20'' and inserting
``10''; and
(3) by striking the second sentence and inserting the
following: ``Such projects shall be located at airports that
are not medium or large hub airports.''.
(b) Innovative Financing Techniques.--Section 47135(c)(2) is
amended--
(1) by striking subparagraphs (A) and (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively.
(c) Savings Clause.--The amendments made by this section shall not
affect applications approved under section 47135 of title 49, United
States Code, before the date of enactment of this Act.
SEC. 520. AIRPORT SECURITY PROGRAM.
Section 47137 is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Administration.--The Secretary, in cooperation with the
Secretary of Homeland Security, shall administer the program authorized
by this section.''.
SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) Emissions Credits.--Subchapter I of chapter 471 is amended by
adding at the end the following:
``Sec. 47138. Emission credits for air quality projects
``(a) In General.--The Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall jointly
agree on how to assure that airport sponsors receive appropriate
emission credits for carrying out projects described in sections
40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such agreement must
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.--
``(1) In general.--As a condition for making a grant for a
project described in section 47102(3)(K), 47102(3)(L), or 47139
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), 47102(3)(K), 47102(3)(L), or 47139, 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.
``(2) Agreement on previously approved projects.--The
Secretary and the Administrator of the Environmental Protection
Agency shall jointly agree on how to provide emission credits
to airport projects previously approved under section 47136
under terms consistent with the conditions enumerated in this
section.''.
(b) Airport Ground Support Equipment Emissions Retrofit Pilot
Program.--Subchapter I of chapter 471 is further amended by adding at
the end the following:
``Sec. 47139. Airport ground support equipment emissions retrofit pilot
program
``(a) In General.--The Secretary of Transportation shall carry out a
pilot program at not more than 10 commercial service airports under
which the sponsors of such airports may use an amount made available
under section 48103 to retrofit existing eligible airport ground
support equipment that burns conventional fuels to achieve lower
emissions utilizing emission control technologies certified or verified
by the Environmental Protection Agency.
``(b) Location in Air Quality Nonattainment or Maintenance Areas.--A
commercial service 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)) or a maintenance area referred to in section 175A
of such Act (42 U.S.C. 7505a).
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot 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 pilot program.
``(d) Maximum Amount.--Not more than $500,000 may be expended under
the pilot program at any single commercial service airport.
``(e) Guidelines.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall establish
guidelines regarding the types of retrofit projects eligible under the
pilot program by considering remaining equipment useful life, amounts
of emission reduction in relation to the cost of projects, and other
factors necessary to carry out this section. The Secretary may give
priority to ground support equipment owned by the airport and used for
airport purposes.
``(f) Eligible Equipment Defined.--In this section, the term
`eligible equipment' means ground service or maintenance equipment that
is located at the airport, is used to support aeronautical and related
activities at the airport, and will remain in operation at the airport
for the life or useful life of the equipment, whichever is earlier.''.
(c) Addition to Airport Development.--Section 47102(3) is further
amended by striking subparagraphs (K) and (L) and inserting the
following:
``(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
47138.
``(L) converting vehicles and ground support
equipment owned by a commercial service airport to low-
emission technology or acquiring for use at a
commercial service airport vehicles and ground support
equipment that include low-emission technology 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 47138.''.
(d) Allowable Project Cost.--Section 47110(b) is further amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of a project for acquiring for use at a
commercial service airport vehicles and ground support
equipment owned by an airport that is not described in section
47102(3) and that include low-emission technology, if the total
costs allowed for the project are not more than the incremental
cost of equipping such vehicles or equipment with low-emission
technology, as determined by the Secretary.''.
(e) Low-Emission Technology Equipment.--Section 47102 (as amended by
section 501 of this Act) is further amended by inserting after
paragraph (10) the following:
``(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 non-petroleum based,
as defined by the Department of Energy, but not excluding
hybrid systems or natural gas powered vehicles.''.
(f) Conforming Amendments.--The analysis of subchapter I of chapter
471 is amended by adding at the end the following:
``47138. Emission credits for air quality projects.
``47139. Airport ground support equipment emissions retrofit pilot
program.''.
SEC. 522. COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47140. Compatible land use planning and projects by State and
local governments
``(a) In General.--The Secretary of Transportation may make grants
from amounts set aside under section 47117(e)(1)(A) to States and units
of local government for land use compatibility plans or projects
resulting from those plans for the purposes of making the use of land
areas around large hub airports and medium hub airports compatible with
aircraft operations if--
``(1) the airport operator has not submitted a noise
compatibility program to the Secretary under section 47504 or
has not updated such program within the past 10 years; and
``(2) the land use plan meets the requirements of this
section and any project resulting from the plan meets such
requirements.
``(b) Eligibility.--In order to receive a grant under this section, a
State or unit of local government must--
``(1) have the authority to plan and adopt land use control
measures, including zoning, in the planning area in and around
a large or medium hub airport;
``(2) provide written assurance to the Secretary that it will
work with the affected airport to identify and adopt such
measures; and
``(3) provide written assurance to the Secretary that it will
achieve, to the maximum extent possible, compatible land uses
consistent with Federal land use compatibility criteria under
section 47502(3) and that those compatible land uses will be
maintained.
``(c) Assurances.--The Secretary shall require a State or unit of
local government to which a grant may be awarded under this section for
a land use plan or a project resulting from such a plan to provide--
``(1) assurances satisfactory to the Secretary that the
plan--
``(A) is reasonably consistent with the goal of
reducing existing noncompatible land uses and
preventing the introduction of additional noncompatible
land uses;
``(B) addresses ways to achieve and maintain
compatible land uses, including zoning, building codes,
and any other projects under section 47504(a)(2) that
are within the authority of the State or unit of local
government to implement;
``(C) uses noise contours provided by the airport
operator that are consistent with the airport operation
and planning, including any noise abatement measures
adopted by the airport operator as part of its own
noise mitigation efforts;
``(D) does not duplicate, and is not inconsistent
with, the airport operator's noise compatibility
measures for the same area; and
``(E) has received concurrence by the airport
operator prior to adoption by the State or unit of
local government; and
``(2) such other assurances as the Secretary determines to be
necessary to carry out this section.
``(d) Guidelines.--The Secretary shall establish guidelines to
administer this section in accordance with the purposes and conditions
described in this section. The Secretary may require the State or unit
of local government to which a grant may be awarded under this section
to provide progress reports and other information as the Secretary
determines to be necessary to carry out this section.
``(e) Eligible Projects.--The Secretary may approve a grant under
this section to a State or unit of local government for a land use
compatibility project only if the Secretary is satisfied that the
project is consistent with the guidelines established by the Secretary
under this section, that the State or unit of local government has
provided the assurances required by this section, that the Secretary
has received evidence that the State or unit of local government has
implemented (or has made provision to implement) those elements of the
plan that are not eligible for Federal financial assistance, and that
the project is not inconsistent with Federal standards.
``(f) Sunset.--This section shall not be in effect after September
30, 2007.''.
(b) Conforming Amendment.--The analysis of subchapter I of chapter
471 is further amended by adding at the end the following:
``47140. Compatible land use planning and projects by State and local
governments.''.
SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TO PROVIDE RENT-FREE SPACE
FOR FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47141. Prohibition on rent-free space requirements for Federal
Aviation Administration
``(a) In General.--The Secretary of Transportation may not require an
airport sponsor to provide to the Federal Aviation Administration,
without compensation, space in a building owned by the sponsor and
costs associated with such space for building construction,
maintenance, utilities, and other expenses.
``(b) Negotiated Agreements.--Subsection (a) does not prohibit--
``(1) the negotiation of agreements between the Secretary and
an airport sponsor to provide building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings to the Federal Aviation Administration
without cost or at below-market rates; or
``(2) the Secretary of Transportation from requiring airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47141. Prohibition on rent-free space requirements for Federal
Aviation Administration.''.
SEC. 524. 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
Secretary of Transportation shall enter into a memorandum of
understanding with the Secretaries of Defense, Interior, and Homeland
Security 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 the Secretary of Interior for Midway Island Airport.--
(1) In general.--Chapter 481 is amended by adding at the end
the following:
``Sec. 48114. Funding to the Secretary of Interior for Midway Island
Airport
``The following amounts shall be available (and shall remain
available until expended) to the Secretary of Interior, 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 airport capital
projects at the Midway Island Airport:
``(1) $750,000 for fiscal year 2004.
``(2) $2,500,000 for fiscal year 2005.
``(3) $1,000,000 for fiscal year 2006.
``(4) $1,000,000 for fiscal year 2007.''.
(2) Conforming amendment.--The analysis for chapter 481 is
amended by adding at the end the following:
``48114. Funding to the Secretary of Interior for Midway Island
Airport.''.
Purpose of the Legislation
The reported bill reauthorizes programs of the Federal
Aviation Administration and makes a number of changes in
aviation laws in order to increase the safety, efficiency, and
capacity of the aviation system.
Background and Need for the Legislation
The Airport Improvement Program (AIP) is a contract
authority program. If it is not reauthorized by September 30th
of this year, airports will not be able to receive any grants
from the Aviation Trust Fund after that date. This sets AIP
apart from the other programs funded from the Trust Fund. While
the other programs should be reauthorized as well, they can
receive money as long as an appropriations act is passed.
Programs providing federal aid to airports began in 1946
and have been modified several times. The Aviation Trust Fund
was created in 1970. The current AIP program began in 1982.
The Airport Improvement Program (AIP) is funded entirely by
the Airport & Airway Trust Fund. The Trust Fund, in turn, is
supported entirely by the following taxes on aviation users:
7.5% passenger ticket tax;
$3 passenger flight segment fee (does not
apply to passengers departing from a rural airport
which are defined as those that have less than 100,000
passengers per year);
6.25% freight waybill tax;
$13.40 international departure and arrival
taxes;
7.5% frequent flyer award tax; and
Aviation fuel taxes as follows:
4.3 cents on commercial aviation;
19.3 cents on general aviation
gasoline; and
21.8 cents on general aviation jet
fuel.
According to the President's budget, these taxes raised
about $9 billion in 2002 in the following amounts:
$4.8 billion from the passenger ticket
taxes;
$1.5 billion from the passenger flight
segment fee;
$474 million from the freight waybill tax;
$789 million from the various aviation fuel
taxes;
$1.3 billion from the international
departure and arrival taxes; and
$148 million from frequent flyer award tax.
The Aviation Trust Fund continues to earn interest on its
cash balance, which was $12.6 billion at the beginning of this
fiscal year. Interest revenue in 2002 was about $860 million.
This means that Trust Fund tax and interest revenue together
with various offsetting collections totaled about $10.1 billion
last year. The President's budget projects that Trust Fund
revenue will increase to $10.2 billion in 2003 and to $11.1
billion in 2004.
In addition to the AIP, the Trust Fund also fully funds the
Federal Aviation Administration's air traffic control
facilities & equipment (F&E) modernization program and its
aviation research program. The reported bill does not include
any provisions involving aviation research. The Fund also
partially pays for the salaries, expenses, and operations of
the FAA. In 2003, these programs should receive the following
amounts from the Trust Fund:
Airport Improvement Program--$3.4 billion;
Facilities and Equipment--$3 billion;
Research and Development--$124 million; and
FAA Operations--$3.9 billion from the Trust
Fund (the remainder of the $7.2 billion FAA operating
budget comes from the General Fund).
AIR 21 procedural protections. When it was created in 1970,
the Trust Fund was intended as a fund to pay for improvements
to the aviation infrastructure. For many years, the
Transportation and Infrastructure Committee and the aviation
community had sought to ensure that the money aviation users
paid into the Trust Fund would actually be used for aviation
infrastructure improvements. However, this was not usually done
because Trust Fund spending was counted as part of the general
budget so every dollar spent from the Trust Fund increased the
deficit or reduced the surplus.
As a result of this chronic underfunding, the uncommitted
balance in the Trust Fund continued to grow, reaching a peak of
$7.7 billion in 1991. This meant that there were billions of
dollars in the Trust Fund unused even though there were
significant needs to expand airport capacity and modernize the
air traffic control system. This surplus was reduced by
spending more Trust Fund money on FAA Operations despite
formulas in the law that were intended to give priority to the
capital programs.
In the 1980s and 1990s, legislation was introduced to take
the aviation trust fund off budget. But none was enacted.
In 1999, another effort was launched to unlock the Trust
Fund. This culminated in the enactment on April 5, 2000 of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (Public Law 106-181), commonly known as AIR 21. While
the Trust Fund remained on budget, AIR 21, through a series of
procedural points of order, ensured that every dollar aviation
users pay into the Trust Fund is actually spent on aviation
programs.
Section 106 of AIR 21 (114 Stat. 72) requires (1) that the
total amount available for spending from the Trust Fund each
year is equal to the Trust Fund receipts plus interest as
estimated by the President's budget for that year and (2) that
the total spending on the two major capital programs (AIP and
F&E) must be at authorized levels. If an appropriations bill is
brought to the House or Senate that does not meet these two
requirements, any Member can make a point of order against it
and the bill may not be considered in that form.
As a result of AIR 21, spending on aviation infrastructure
has increased dramatically. AIP increased from $1.9 billion in
2000 to $3.2 billion in 2001 and F&E increased from $2 billion
to $2.7 billion.
The Trust Fund share of FAA's operating account varies from
year to year depending on Trust Fund receipts and the amount
spent on the capital programs. The Trust Fund share is
calculated by subtracting from total Trust Fund receipts and
interest, the amount spent on the capital programs (AIP, F&E,
and Research).
The uncommitted balance in the Trust Fund is now $4.8
billion.
An important feature of the reported bill is that the
procedural protections adopted in AIR 21 are continued. Section
104(d) extends these procedural protections for another 4
years.
AIP formula. There are approximately 19,000 airports in the
United States. Of those, 5,314 are open to the public. The
FAA's National Plan of Integrated Airport System (NPIAS)
identifies 3,489 airports that are significant to the national
aviation system and are eligible for AIP grants.
The AIP grants are distributed by formulas that are set
forth in the law. In a recent report, the General Accounting
Office found that FAA was doing a good job of awarding the
grants in accordance with the statutory formulas (GAO-02-283,
April 2002). These formulas are described below.
Passenger entitlements. The law divides AIP money into two
broad categories: entitlement funds and discretionary funds.
Entitlement funds are further divided into four sub-categories.
They are--
Primary airport entitlements;
Cargo airport entitlements;
State and general aviation entitlements; and
Alaskan airport entitlements.
If a public airport has scheduled passenger air service
with at least 10,000 passenger boardings per year, it is
considered a primary airport. These airports are entitled to
receive AIP money each year in accordance with the following
formula:
$7.80 for each of the first 50,000
passengers boarded;
$5.20 for each of the next 50,000 passengers
boarded;
$2.60 for each of the next 400,000
passengers boarded;
65 cents for each of the next 500,000
passengers boarded; and
50 cents for each additional passenger
boarded.
Regardless of the number of passengers boarded, the minimum
entitlement is $1,000,000 per year and no primary airport is
entitled to more than $26 million per year.
Large and medium hub airports that choose to collect a $3
passenger facility charge (PFC) receive only half their
entitlement. Those that charge a PFC of either $4 or $4.50
receive only 25% of their entitlement.
To receive the money, an airport must have a project, such
as a runway, terminal, or noise abatement project that is
eligible for AIP funding under the law. An airport can retain
the right to receive its entitlement money for 3 years (4 years
in the case of smaller airports that are classified as non-hub
airports). Entitlement money deferred to a later year is
referred to as carryover entitlement.
The Administration proposed reducing this entitlement in
half for the medium and large hub airports (currently the 66
largest airports in the U.S.) to provide more money for
discretionary grants.
The Committee supports the goal of this initiative but
believes a 50% cut is too severe. Instead, the reported bill
adjusts the formula described above by reducing by 5 cents the
entitlement for each passenger above 3.5 million. This will
affect the top 50 airports. The money thus saved would go into
the discretionary fund to be spent on high priority projects,
many of which are likely to be at some of these same 50
airports.
Additionally, in recognition of the unusual situation
following the September 11th tragedy, the reported bill allows
airports that no longer qualify as primary airports to continue
to receive their passenger entitlement for 2 years.
There are 437 primary airports. This year, FAA estimates
that the passenger entitlement will total about $962 million.
Under the bill, as reported by the Committee, it will total
about $932 million.
Cargo entitlement. Cargo service airports include airports
that: (1) are served by cargo-only (freighter) aircraft with a
total annual landed weight of more than 100 million pounds; and
(2) other airports that DOT finds will be served primarily by
freighter aircraft. These airports are entitled to share money
that equals 3% of total AIP funds. A cargo service airport
shares in this money in proportion to which the total landed
weight of cargo-only aircraft landing at an airport is to the
total landed weight of such aircraft at all cargo service
airports. Landed weight means the weight of aircraft
transporting only cargo under regulations prescribed by the
Secretary of Transportation.
There are 111 airports that qualify for the cargo
entitlement and they will receive $97 million this year in
proportion to their cargo aircrafts' landed weight.
The reported bill increases the cargo entitlement to 3.5%
of total AIP funds in recognition of the important role these
airports play in the commerce of this country. As a result, the
cargo entitlement will increase to $119 million.
State entitlement/general aviation. General aviation
airports share 20% of total AIP funds. These are airports that
are used by private planes or that have only limited commercial
airline service (less than 10,000 passengers per year).
Each general aviation airport is entitled to receive the
amount of money needed for their planned development as listed
in the FAA's national plan known as the National Plan of
Integrated Airport Systems (NPIAS). The amount of this
entitlement is limited to $150,000 per year per airport.
The remaining money is allocated to the States by a formula
that takes into account the population and area of each State.
General aviation airports that are seeking AIP money from this
allocation usually apply directly to the FAA. Some States
require their airports to channel their AIP applications
through the State aviation agency. The FAA then decides which
airports will get the money. Nine States (Illinois, Michigan,
Missouri, New Jersey, North Carolina, Pennsylvania, Tennessee,
Texas, and Wisconsin) participate in the State Block Grant
program. FAA is authorized to select another State for this
program. Under this program, the FAA gives the State aviation
agency more responsibility to manage its AIP allocation and the
State, not the FAA, decides which general aviation airports
will receive grants. States that participate in the State Block
Grant program do not receive more money but they do get more
control over how it is distributed to airports in their State.
This entitlement is not changed by the reported bill and is
estimated to total about $680 million.
Alaska entitlement. By law, Alaskan airports are entitled
to receive at least the same amount of money that they received
in 1980, i.e. $10.5 million. If total AIP funding is at least
$3.2 billion in a year, that amount is doubled.
Discretionary. The FAA at its own discretion can spend any
money left over after the above entitlements are funded.
However, this discretionary fund is subject to three set-
asides.
Noise set-aside. The law sets aside 34% of this
discretionary fund for noise projects. These could include such
things as buying property for a noise buffer or soundproofing
buildings. The noise set-aside is expected to receive $261
million this year and $318 million under the reported bill.
Military airports. Under the military airport program
(MAP), FAA selects 15 current or former military airports
(including at least one general aviation airport) to share in a
set-aside, which is equal to 4% of the discretionary fund. The
purpose of this program is to increase overall system capacity
by promoting joint civilian-military use of military airports
or by converting former military airports to civilian use.
Airports currently in the military airport program are
Plattsburgh International, NY; Guam International, Guam; Tipton
Airport, MD; Eglin AFB, Valparaiso, FL; Gray AAF, Killeen, TX;
March ARB, CA; Mather Field, Sacramento, CA; Cecil Field,
Jacksonville, FL; K.I. Sawyer AFB, Gwinn, MI; and Mid America
Airport, St. Louis, MO. There are 5 openings, including one for
a general aviation airport. These airports will compete for
$30.7 million this year and $37.4 million under the reported
bill.
Reliever Airports. For many years, the AIP program included
a set-aside for reliever airports. These were small airports
that the FAA determined would help relieve congestion at nearby
larger airports. However, GAO issued a study that found these
airports were not effective in relieving congestion. As a
result, the Federal Aviation Reauthorization Act of 1996 (P.L.
104-264) eliminated this set-aside.
In AIR 21, a more limited version of this set-aside was
recreated. In order to qualify, an airport must meet the
following criteria:
have more than 75,000 annual operations;
have a 5,000 foot runway;
have a precision instrument landing
procedure;
have a minimum number of aircraft based at
the airport; and
be designated by FAA as a reliever airport
to an airport with at least 20,000 hours of annual
delays.
Airports that meet these criteria are eligible for two-
thirds of 1% of the discretionary funds. This year that will be
$5.1 million to be shared among 37 airports that qualify.
The reported bill does not continue this set aside since
there is no evidence that these airports rely on this very
small set-aside to accomplish their function as relievers.
Pure discretionary. After the entitlements and set-asides
are funded, the remaining money can be spent as the FAA sees
fit. This is often referred to as pure discretionary AIP money.
Even here, however, there are restrictions. The law requires
that 75% of this discretionary money be spent on airport
projects that will enhance capacity, safety, or security, or
that will reduce noise. FAA projects that there will be $470
million in the discretionary fund this year and $581 million
under the reported bill.
Passenger Facility Charge. In 1990, the Committee became
concerned that AIP alone would not be able to meet the future
infrastructure needs of U.S. airports. Consequently, the 1990
AIP reauthorization law permitted an airport to assess a fee on
passengers. Thisis known as the passenger facility charge
(PFC). PFCs are collected by the airlines and paid directly to the
airport without going through the Federal treasury. They are intended
to supplement AIP by providing more money for runways, taxiways,
terminals, gates, and other airport improvements.
The 1990 law limited the PFC to $3. AIR 21 raised it to
$4.50.
No airport may charge a PFC of more than $4.50 per
passenger and no passenger has to pay more than $18 in PFCs per
round-trip regardless of the number of airports through which
the passenger connects. No airport can charge a PFC until FAA
approves it.
FAA has approved PFCs at 333 airports and 309 were actually
collecting money at the end of last year. The total approved
collections are over $37 billion. Last year, $2 billion was
collected and about the same amount is expected to be collected
this year.
If a medium or large hub airport charges a $3 PFC, it must
forego up to 50% of its AIP passenger entitlement. If it
charges more than $3, it must forego 75% of its AIP passenger
entitlement. The foregone entitlements go into a special small
airport fund to be distributed as follows:
50% to non-hub airports;
25% to general aviation airports;
12.5% to small hub airports; and
12.5% to the discretionary fund.
This year non-hubs will receive $220 million, general
aviation airports will receive $110 million, and small hubs
will receive $55 million from the small airport fund. Those
amounts will drop to $204 million, $102 million, and $51
million respectively because of the cut in the large airport
entitlement.
The Committee continues to support the PFC program. The
reported bill includes provisions to streamline the collection
of PFCs and to ensure that those funds are protected should an
airline become insolvent.
Air service to underserved airports. The Committee
continues to be concerned about air service to the small and
medium sized airports. Section 203 of AIR 21 (114 Stat. 92),
codified at section 41743 of title 49, included a pilot program
to make grants to small communities to help them bolster their
air service. This program is only now beginning to get
underway. The Committee believes this program will lead to the
desired air service improvements and the reported bill
reauthorizes it for another 5 years at $35 million per year. In
selecting communities for participation in this program, the
Committee encourages the Secretary of Transportation to give
preference to airports that have demonstrated the ability to
sustain service and that have strong support from the local
community.
Essential air service (EAS) program. The EAS program was
created in 1978 to ensure that no communities lost air service
as a result of the Airline Deregulation Act. It provides
subsidies to commuter airlines to provide service to small
communities where there are not enough passengers to operate
profitably. The cost of this program has increased from
$22,900,000 in 1996 to an estimate of more than $110,000,000 in
2003. GAO recently issued a report recommending changes to the
program to bring down its costs. One suggestion was to provide
grants to the community, rather than to the airline, to provide
the service. The President's budget suggests that there be a
local matching share of the subsidy cost to be paid by any
community that continues to seek the Federally subsidized air
service. The reported bill adopts part of both suggestions. It
phases in a local share of up to 10% for EAS communities that
are close to larger airports. It also gives all communities
that rely on the EAS program the option of developing their own
transportation links and receiving a grant from the Federal
government to help pay for it.
Security. In an October 2002 report, the GAO found that AIP
spending on security had increased from 2% of the program's
total funding to 17%. With security no longer the
responsibility of FAA, the Committee believes that more of the
cost of security projects at airports should be borne by the
new Homeland Security Department rather than by the FAA through
the AIP fund. Yet testimony at the Subcommittee's hearings
revealed that some airports continue to want the option of
spending some of their AIP grants on security. Accordingly, the
reported bill continues to allow airports to use AIP
entitlement funds to pay for terminal modifications to
accommodate explosive detection systems. However, discretionary
funds could no longer be used for this purpose.
Streamlining. GAO recently issued a report describing the
challenges to building new runways. Last year, the House passed
H.R. 4481 to streamline the process for building new runways at
congested airports. However, the Senate did not act, so the
reported bill once again includes this streamlining provision.
Over the last 20 years, air travel in the United States has
grown faster than any other mode of transportation.
Unfortunately, airport runway capacity has not kept pace with
the growth. Not long ago, FAA released the Airport Capacity
Benchmarks Report 2001, which indicated that many of our
Nation's busiest airports were at or above capacity for at
least some portion of the day. While the events of September
11th, the economic downturn and SARS, have negatively impacted
the aviation industry, the Committee expects that the industry
will turn around. Therefore, this is the time to address
aviation capacity and delay issues so that gridlock will not
return to our busiest airports.
In the past, insufficient airport runway capacity led to
chronic and worsening congestion. In the summer of 2001, one
out of every four commercial flights experienced a significant
delay or a cancellation. Yet, even with the apparent national
need for additional runway capacity, airports have had
difficulty building new runways. In thelast decade, only six of
our Nation's largest airports managed to complete new runway projects.
The current runway planning and approval process routinely
takes ten years and can take much longer. To build a runway, an
airport must coordinate with dozens of Federal, state, and
local agencies, including the Federal Aviation Administration,
the Environmental Protection Agency, the Fish and Wildlife
Service, the Park Service, the Army Corps of Engineers, the
Advisory Council on Historic Preservation, state historical
preservation offices, and state air and water pollution
agencies. Airports must also comply with over 40 Federal laws,
often with conflicting and confusing mandates.
According to FAA data, the average environmental impact
statement (EIS) takes three and one half years to complete.
There are several additional Federal environmental planning and
permitting requirements outside of the EIS process that can add
significant delays. For example, FAA completed the EIS for
Seattle's third runway in 1997 in less than three years, yet
construction has been delayed for the last six years due to the
Clean Water Act and Endangered Species Act permitting
requirements. Legal challenges to environmental documents can
also add significant delays to the process.
Title II of the reported bill is intended to cut through
red tape and eliminate duplication without diminishing existing
environmental laws or limiting local input or control over
these critical projects. It will ensure that once a community
reaches consensus on a critical capacity project, the review
process will not unnecessarily delay construction. It
designates the Department of Transportation as the lead agency
for the project review process, and it directs the Secretary of
Transportation to develop a coordinated review process for
major airport capacity projects that will ensure that all
environmental reviews by government agencies will be conducted
at the same time, whenever possible.
Decisions to take actions authorizing airport development
projects are reviewable in the circuit courts of appeals under
section 46110, notwithstanding the nature of the petitioner's
objections to the decision. In addition, the Committee believes
that FAA orders pertaining to airport compliance are
exclusively reviewable in the circuit courts of appeals, like
other orders issued under similar provisions in part B of
subtitle VII of title 49.
The Committee strongly supports construction and
improvements at all airports, not only the ones that qualify as
congested. While most of the streamlining provisions of this
bill focus on congested airports because of their impact on the
national air transportation system, improvements at other
airports are also important and should be encouraged.
At the same time, the Committee does not wish to deny the
legitimate rights of citizens that live near airports.
Therefore, the Committee encourages the FAA and airport
authorities, during public consideration of an airport
development project at any airport, even a general aviation
airport, to clearly explain the impacts of such a project to
local communities surrounding the airport, in terms that will
be understood by those communities.
Imperial County, California. The Committee strongly
encourages the San Diego California Regional Airport Authority
to continue its process to find a site for the next San Diego
International Airport, authorized and funded under Pub. Law No.
106-622, the FY 2001 Transportation Appropriations bill,
including giving appropriate consideration to the cost and
benefits to travelers of constructing an airport in Imperial
County, California.
Airport Technical Assistance Program. The Committee
strongly encourages the FAA to work with state aviation
agencies to develop a national, innovative program that would
offer practical training and information resources for those
who operate, maintain, and administer public use airports
across the nation on topics such as pavement maintenance, snow
and ice control, project development and funding, wildlife
control and safety, and operations. To further this program,
the Committee recommends that FAA consult with a state aviation
agency and a university that have created a similar program for
general aviation airports in their state.
New York Integrated Control Complex. The Committee strongly
encourages the integration into one new facility of the
functions of the New York Air Route Traffic Control Center
(ZNY) and the New York TRACON (N90), both of which are aging
facilities in need of replacement. Integration of these
facilities and their controllers will bring about a highly
responsive, dynamic system to meet the future air traffic
demands of this complex airspace, allowing for more efficient
routing, increased capacity and reduced delays for aircraft
approaching the New York, New Jersey, and Philadelphia air
space.
Temporary Flight Restrictions. The Committee is concerned
with the operational impacts of post 9-11 Department of Defense
security Temporary Flight Restrictions (TFRs), including TFRs
imposed by FAA notice to airman (NOTAM) numbers 2/0447, 2/0449,
2/0451 and 1/1812. The Committee encourages the FAA to work
with DOD representatives, and all affected parties to evaluate
the need for on-going DOD requested TFRs for the areas affected
by NOTAM numbers referenced above as well as with on-going DOD
requested TFRs in other areas of the country.
OSHA. The Committee strongly encourages the FAA and the
Occupational Safety and Health Administration to continue to
work under the framework established in the August 2000
Memorandum of Understanding and establish a coordination
mechanism to determine which existing and future OSHA
regulations can be applied to an aircraft in operation without
compromising aviation safety. This mechanism should build upon
the ``joint team'' framework initiated by the August 2000 MOU.
It could include recommendations for facilitating the training
of inspectors to inspect and enforce any safety and health
standards on board aircraft that may be adopted. Airlines
should work with the Federal government to develop empirical
data regarding workplace safety in thecabin during flight
operations, identify potential occupational safety issues, and develop
appropriate and feasible responses.
Summary of the Legislation
Section 1. Short Title; Table of Contents
The short title is ``Flight 100--Century of Aviation
Reauthorization Act''. This is intended to commemorate the fact
that this bill is being enacted during the 100th anniversary of
the Wright Brothers first flight. It both honors the
achievements of the past century and sets the stage for further
improvements in the century to come.
Section 2. Amendments to Title 49, United States Code
Amendments in this Act are to Title 49 of the U.S. Code.
Section 3. Effective Date
Except as otherwise provided, this Act, and amendments made
by this Act, are effective on the date of enactment.
TITLE I--AUTHORIZATIONS
Section 101. Federal Aviation Administration Operations
Subsection (a) amends section 106(k) of Title 49.
Paragraph (k)(1) authorizes $7.591 billion in 2004, $7.732
billion in 2005, $7.889 billion in 2006, and $8,064 billion in
2007 for the operating costs of the FAA.
Paragraph (k)(2) authorizes some of this money to be used
to fully utilize the FAA's Palm Coast management training
facility.
Paragraph (k)(3) authorizes some of this money to be used
to establish an office in the FAA to develop and plan for the
implementation of the next generation air traffic control
system.
Paragraph (k)(4) authorizes some of this money to be used
to establish approach and departure procedures using GPS and
ADS-B in order to meet the needs of air ambulance services.
Paragraph (k)(5) authorizes some of this money to be used
to hire additional air traffic controllers in order to
accommodate the growth in air traffic and address the expected
increase in retirement of experienced controllers.
Paragraph (k)(6) authorizes some of this money be used to
complete the mapping of Alaska's main aviation corridors.
Paragraph (k)(7) authorizes some of this money be used for
the Aviation Safety Reporting System.
Subsection (b) authorizes Trust Fund money to be spent to
support the Bureau of Transportation Statistics' activities
collecting and analyzing aviation data.
Subsection (c) directs the FAA to develop a human capital
workforce strategy to address the need for more air traffic
controllers as called for by the General Accounting Office.
Subsection (d) calls for a report on the Aviation Safety
Reporting System.
Section 102. Air Navigation Facilities and Equipment
This section authorizes $2.938 billion in 2004, $2.993
billion in 2005, $3.053 billion in 2006, and $3.110 billion in
2007 for the FAA's facilities and equipment (F&E) program. Out
of these amounts, money should be spent to improve the safety
and efficiency of air operations in the Gulf of Mexico, $20
million should be spent to document and demonstrate the
benefits of a wake vortex advisory system, and $20 million
should be spent for precision approach landing systems
contingent on FAA certifying or approving these systems.
Precision approach landing systems are designed for use at
airports where complex terrain or land constraints make the
installation and use of a traditional Instrument Landing System
(ILS) cost-prohibitive or infeasible. The precision approach
landing systems may promote aviation safety and economic growth
by enabling aircraft to land in Instrument Meteorological
Conditions at airports where such landings are not otherwise
possible. Authorizations in this section are somewhat higher
than the Administration's request in order to accommodate
section 106 of this Act and the specific authorizations in this
section.
Section 103. Airport Planning and Development and Noise Compatibility
Planning and Programs
Provides $3.4 billion for the Airport Improvement Program
(AIP) in 2004. This amount is increased by $200 million each
year thereafter.
Section 104. Additional Authorizations
Subsection (a) authorizes funding for the contract tower
program for 4 years.
Subsection (b) authorizes funding for 5 years for the
program established in AIR 21 to improve service at underserved
airports.
Subsection (c) reauthorizes the program to permit loan
guarantees to be offered for the purchase of regional jets to
serve small airports.
Subsection (d) reauthorizes the procedural protections in
AIR 21 that ensure that all Trust Fund revenue and interest is
fully spent and that the AIP and F&E programs are fully funded
at their authorized levels.
Subsection (e) continues the provision permitting
contractors to both design and build an airport improvement
project.
Subsection (f) allows Washington Reagan National and
Washington Dulles airports to continue to receive AIP grants.
Section 105. Insurance
Subsection (a) makes permanent war risk insurance for
international flights and for non-premium insurance. War risk
insurance for domestic flights would continue to be subject to
periodic reauthorizations.
Subsection (b) permits DOT to keep in effect after August
31, 2004 the war risk insurance policies that must be in effect
until that date.
Subsection (c) permits DOT to extend the $100 million cap
on liability for third party damages to U.S. aircraft
manufacturers until the end of next year.
Subsection (d) allows DOT to provide war risk insurance
coverage to U.S. aircraft manufacturers and to vendors, agents,
and subcontractors of airlines but only to the extent that the
loss involved aircraft of a U.S. airline.
Section 106. Pilot Program for Innovative Financing for Terminal
Automation Replacement Systems
This section authorizes FAA to conduct a pilot program to
test the cost-effectiveness and feasibility of innovative
financing techniques to purchase and install terminal
automation replacement systems. This proposal is designed to
replace existing obsolete air traffic control equipment at FAA
TRACONS. This section provides $200,000,000 in FY 2004 from the
Facilities and Equipment Account for this pilot program and
allows the FAA to make multi-year advance contract provisions
to achieve economic-lot purchases and more efficient production
rates.
TITLE II--AIRPORT PROJECT STREAMLINING
Section 201. Short Title
Provides that the Title may be cited as the ``Airport
Streamlining Approval Process Act of 2003''.
Section 202. Findings
Makes a number of findings regarding our Nation's major
airports and the environmental review process for airport
capacity projects at congested airports.
Section 203. Promotion of New Runways
Amends section 40104 of Title 49, United States Code, by
adding a new subsection, which provides that the Administrator
shall take action to encourage the construction of airport
capacity enhancement projects at congested airports. This is
designed to encourage the FAA to take a more proactive approach
in encouraging the construction of new runways when it
determines that it would be in the national interest.
Section 204. Airport Project Streamlining
Subsection (a) amends Chapter 471 of Title 49, United
States Code, by adding after section 47153 a new ``Subchapter
III--Airport Project Streamlining'' with the following new
sections:
Section 47171, ``DOT as lead agency,'' subsection (a)
requires the Secretary to develop and implement an airport
project review process for airport capacity enhancement
projects at congested airports.
Subsection (b) provides for a coordinated review process
for all environmental reviews, analyses, opinions, permits,
licenses, and approvals to be conducted concurrently and
completed within a time period established by the Secretary in
cooperation with the agencies involved.
Subsection (c) requires that for each airport capacity
enhancement project at a congested airport, the Secretary shall
identify all Federal and state agencies that may have
jurisdiction over environmental-related matters, may be
required by law to conduct an environment review, or may have
jurisdiction to determine whether to issue an environmental-
related permit, license, or approval for the project. The
Committee recommends that this section be implemented in a
manner consistent with Council on Environmental Quality
regulations and policy guidance.
Subsection (d) allows a State and its associated agencies,
consistent with State law, to choose to participate in the
coordinated review process for a project at an airport within
that State.
Subsection (e) allows the coordinated review process for a
project to be incorporated into a Memorandum of Understanding
between the Secretary and the heads of other Federal and State
agencies identified in subsection (c), and the airport
involved.
Subsection (f) sets forth the notification and reporting
requirements should the Secretary determine that a Federal
agency, state agency, or airport sponsor participating in the
coordinated review process has not met a deadline established
under subsection (b).
Subsection (g) provides that for any environmental review
process or approval issued or made by a Federal or state agency
participating in a coordinated review process requiring an
analysis of the purpose and need for a project, the agency is
bound by the project's purpose and need as defined by the
Secretary.
Subsection (h) provides that the Secretary shall determine
the reasonable alternatives to an airport capacity enhancement
project at a congested airport and any other Federal or state
agency participating in a coordinated review process shall
consider only those alternatives to the project that the
Secretary has determined are reasonable.
The Committee recognizes that the Department of
Transportation and the Federal Aviation Administration have
significant expertise and experience on transportation-related
matters. Therefore, the Committee believes that in conducting
environmental reviews within the jurisdiction of the DOT, the
Secretary should play a lead role in determining which
analytical methods are reasonable for use in determining the
transportation impacts and benefits of project alternatives,
particularly in the area of noise impacts. Other agencies have
expertise in determining the environmental impacts of
transportation projects, and the Secretary should rely on the
expertise of these agencies in analyzing these impacts. The
Committee believes that, to the maximum extent possible, all
Federal and state agencies participating in the coordinated
review process should use a common set of data for their
analyses in carrying out their responsibilities to conduct
environmental reviews under Federal law.
Subsection (i) states that in applying subsections (g) and
(h), the Secretary shall solicit and consider comments from
interested persons and governmental entities.
Subsection (j) provides that the Transportation
Infrastructure Streamlining Task Force, established by
Executive Order 13274, may monitor airport projects that are
subject to the coordinated review process under this section.
Section 47172, ``Categorical exclusions,'' states that not
later than 120 days after the date of enactment of this
section, the Secretary shall develop and publish a list of
categorical exclusions from the requirement that an
environmental assessment or an environment impact statement be
prepared for projects at airports. The Committee is aware that
the FAA has a process, consistent with the National
Environmental Policy Act, whereby it excludes certain types of
projects from the environmental review process.
This section would require the FAA to publish a list of
categorical exclusions from the requirement under the National
Environmental Policy Act (``NEPA'') to prepare an environmental
assessment or environmental impact statement. This requirement
is not intended to alter NEPA, or to change or expand the
definition of a categorical exclusion. The Committee notes that
the FAA has committed to prepare a full environmental impact
statement regarding several regional airspace redesign
projects, including the redesign of the New York-New Jersey-
Philadelphia airspace. This provision is not intended to alter
that commitment. In particular, the Committee notes that, under
current FAA policy stated in FAA Order 1050.1D, the presumption
that airspace changes over 3,000 feet above ground level will
not cause a significant environmental impact does not apply
where there are ``extraordinary circumstances'' present, such
as when the action is ``highly controversial on environmental
grounds.'' This provision is not intended to change current FAA
policy. At the same time, this provision does not bar the FAA
from revising FAA Order 1050.1D in accordance with NEPA and
Council on Environmental Quality regulations.
The Committee has been made aware of an issue regarding the
environmental review of air carrier operations specifications.
Operations specifications govern the class and size of aircraft
to be operated by an air carrier at specific airports to ensure
that those specific aircraft can be operated safely at those
airports, but do not control the frequency or timing of
operations. FAA environmental procedures allow for operations
specifications to be categorically excluded from NEPA review,
unless the FAA determines that approval may significantly
change the character of the operational environment of an
airport. In that case, FAA will conduct the necessary
environmental review of the proposed operations specifications.
However, the Committee has been informed that the data and
analysis required to determine whether the approval or
amendment of an operations specification should be
categorically excluded has not been consistently applied
throughout the FAA offices responsible for conducting such
reviews, which has added to the cost and time of processing
operations specifications. The Committee strongly urges the FAA
to issue guidance to ensure consistent and timely review of all
applications for operations specifications approvals and
amendments.
In addition, the Committee is concerned that the
environmental review requirements place an unfair burden on new
entrants to a market. The Committee will assess whether further
legislative action is needed to address the problems
identified.
Section 47173, ``Access restrictions to ease
construction,'' provides that at the request of an airport
sponsor for a congested airport, the Secretary may approve a
restriction on use of a runway to be constructed at the airport
to minimize potentially significant adverse noise impacts from
the runway only if the Secretary determines that the imposition
of the restriction is (1) necessary to mitigate significant
noise impacts and expedite construction of the runway; (2) the
most appropriate and cost-effective measure to mitigate those
impacts, taking into consideration any environmental tradeoffs;
and (3) would not adversely affect service to small
communities, adversely affect safety or efficiency of the
national airspace system, unjustly discriminate against any
class of user of the airport, or impose an undue burden on
interstate or foreign commerce.
Section 47174, ``Airport revenue to pay for mitigation,''
subsection (a) states, that the Secretary may allow an airport
sponsor carrying out an airport capacity enhancement project at
a congested airport to make payments out of revenues generated
at the airport for measures to mitigate the environmental
impacts of the project if the Secretary finds that (1) the
mitigation measures are included as part of, or are consistent
with, the preferred alternative for the project in the
documentation prepared for NEPA; (2) the use of such revenues
will provide a significant incentive for, or remove an
impediment to, approval of the project by a State or local
government; and (3) the cost of the mitigation measures is
reasonable in relation to the mitigation that will be achieved.
The Secretary should allow such payments to be made only if
they are designed to further the project, not if they are
designed to thwart it or would be abused by opponents of the
project.
Subsection (b) describes what the mitigation measures
described in Subsection (a) may include.
Section 47175, ``Airport funding of FAA staff,'' subsection
(a) provides that the Administrator of the FAA may accept funds
from an airport sponsor to hire additional staff or obtain the
services of consultants to facilitate the timely processing,
review, and completion of environmental documents associated
with an airport development project.
Subsection (b) allows the Administrator, with agreement of
the airport sponsor, to 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).
Subsection (c) states that, notwithstanding section 3302 of
title 31, any funds accepted under this section, except funds
transferred pursuant to subsection (b) shall (1) be credited as
offsetting collections to the account that finances the
activities and services for which the funds are accepted; (2)
be available for expenditure only to pay the costs of
activities and services for which the funds are accepted; and
(3) remain available until expended.
Subsection (d) provides that no funds may be accepted
pursuant to subsection (a), or transferred under subsection
(b), in any fiscal year for with the FAA 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,
for the activities described in subsection (a). This is
designed to ensure that airport or AIP money is utilized only
to provide additional funds for environmental staff, not merely
replace funds the FAA's operating account that would been
provided for this purpose in any event.
Section 47176, ``Authorization of appropriations,''
authorizes funds to be appropriated to the Secretary out of the
Airport and Airway Trust Fund, in the amount of $4,200,000 for
fiscal year 2004 and for each fiscal year thereafter for the
timely processing, review and completion of environmental
review activities associated with airport capacity enhancement
projects at congested airports.
Section 47177, ``Designation of aviation safety and
aviation security projects for priority environmental review,''
allows, in subsection (a), the Administrator of the Federal
Aviation Administration to designate an aviation safety or
aviation security project for priority environmental review.
The Administrator is not allowed to delegate this designation
authority.
Subsection (b) directs the Administrator to establish
guidelines for the designation of an aviation safety or
aviation security project for priority environmental review.
The guidelines must include consideration of: (1) the
importance or urgency of the project; (2) the potential for
undertaking the environmental review under existing emergency
procedures under the National Environmental Policy Act; (3) the
need for cooperation and concurrent reviews by other Federal or
State agencies; and (4) the prospect for undue delay if the
project is not designated for priority review.
Subsection (c) sets forth the procedures for coordinated
environmental reviews. Paragraph (1) directs the Administrator,
in consultation with the heads of affected agencies, to
establish specific timelines for coordinated environmental
reviews of an aviation safety or aviation security projects.
The timelines shall be consistent with timelines established in
existing laws and regulations. Also, this subsection directs
each Federal agency with responsibility for project
environmental reviews, analyses, opinions, permits, licenses,
and approvals to accord any such review a high priority and to
conduct the review expeditiously and, to the maximum extent
possible, concurrently with other such reviews. Paragraph (2)
directs each Federal agency identified under subsection (c) to
formulate and implement administrative, policy, and procedural
mechanisms to enable the agency to ensure completion of
environmental reviews, analyses, opinions, permits, licenses,
and approvals described in paragraph (1) in a timely and
environmentally responsible manner.
Subsection (d) provides for State participation. Paragraph
(1) states that if a priority environmental review process is
being implemented with respect to a project within the
boundaries of a State with State environmental requirements and
approvals, the Administrator must invite the State to
participate in the process. Paragraph (2) allows that a State
invited to participate in a priority environmental review
process, consistent with State law, may choose to participate
and may direct that all State agencies, which have jurisdiction
to conduct an environmental review or analysis of the project,
be subject to the coordinated review process.
Subsection (e) sets forth the procedures for when a Federal
agency or participating State fail to give priority review.
Paragraph (1) provides that if the Secretary of Transportation
determines that a Federal agency or a participating State is
not complying with the requirements of this section and that
the noncompliance is undermining the environmental review
process, the Secretary must notify, within 30 days the head of
the Federal agency or, with respect to a State agency, the
Governor of the State. Paragraph (2) states that when a Federal
agency receives such a notification, the Agency must submit a
written report to the Secretary within 30 days explaining the
reasons for the situation described in the notification and
what remedial actions the agency intends to take. Paragraph (3)
states that if the Secretary determines that a Federal agency
has not satisfactorily addressed the problems within a
reasonable period of time allowed under this subsection, the
Secretary shall notify the Council on Environmental Quality,
the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science and
Transportation of the Senate.
Subparagraph (f) cross-references the procedures set forth
in subsections (c), (e), (g), (h), and (i) of section 47171 and
directs that they shall apply with respect to an aviation
safety or aviation security project under this section in the
same manner and to the same extent as such procedures apply to
an airport capacity enhancement project at a congested airport
under section 47171.
Subsection (g) provides a list of definitions of terms used
in the section.
Section 47178, ``Definitions,'' provides a list of
definitions of terms used in the subchapter.
Section 205. Governor's Certificate
Repeals the requirement in section 47106(c)(1)(B) that the
Governor of the state in which the project is located certifies
in writing to the Secretary that there is reasonable assurance
that the project will be in compliance with applicable air and
water quality standards.
Section 206. Construction of Certain Airport Capacity Projects
Authorizes the issuance of a grant to an airport operator
of a congested airport and a unit of local government 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 FAA for an airport capacity enhancement
project.
Section 207. Limitations
States that nothing in the Act shall preempt or interfere
with any practice of seeking public comment; any power,
jurisdiction, or authority that a state agency or an airport
sponsor has with respect to carrying out an airport capacity
enhancement project; and any obligation under the National
Environmental Policy Act and Council on Environmental Quality
regulations.
Section 208. Relationship to Other Requirements
Provides that the coordinated review process required under
this Title for airport capacity enhancement projects at
congested airports shall apply whether or not the project is a
high-priority transportation infrastructure project under
Executive Order 13274.
TITLE III--FEDERAL AVIATION REFORM
Section 301. Management Advisory Committee Members
This section reduces the FAA's Management Advisory Council
(MAC) to 13 members to reflect the removal of the Air Traffic
Services Subcommittee. The DOT Secretary rather than the
President would fill any remaining vacancies in the MAC.
Section 302. Reorganization of the Air Traffic Services Subcommittee
This section establishes the Air Traffic Services Board and
moves the members of the Air Traffic Services Subcommittee to
this new Board. The FAA Administrator would be the Chairman of
this Board. Compensation of the Board Members is eliminated.
Section 303. Clarification of the Responsibilities of the Chief
Operating Officer
This section revises the functions of the FAA's Chief
Operating Officer (COO) to more closely reflect the duties of
such a position. The current statutory functions have been
criticized for being more appropriate for a CEO than a COO. The
COO is given the added responsibility of developing a
comprehensive plan with specific performance goals for managing
cost-reimbursable contracts as called for in the report of the
Inspector General (Report F1-2202-092, May 8, 2002).
Section 304. Small Business Ombudsman
This section establishes the position of small business
ombudsman within FAA to serve as a liaison with small business
and provide assistance to those businesses. The Committee
continually hears that regulatory actions designed primarily to
address problems at larger carriers have a disproportionate
effect on smaller air carriers. Many of these companies do not
have the sort of Washington representation to effectively make
their concerns known to decisionmakers. This provision is
designed to help small businesses bridge that gap and help to
ensure that small aviation business concerns are considered
when regulatory and other decisions are made.
Section 305. FAA Purchase Cards
This section requires FAA to take appropriate actions to
implement General Accounting Office recommendations made in a
report (GAO-03-405, March 2003) that uncovered abuses of FAA
purchase cards. Similar concerns had been raised earlier about
practices in Alaska (GAO-02-606, May 2002).
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
Section 401. Improvement of Aviation Information Collection
This section would repeal the prohibition on collecting
information by specific flight effective on the date of
issuance of a final rule that reduces the reporting burden for
air carriers through electronic filing of the Origin &
Destination Survey data.
Under current law, the Secretary of Transportation is
required to collect and disseminate information on civil
aeronautics, including information on the origin and
destination of passengers in interstate air transportation, and
the number of passengers traveling by air between any two
points in interstate air transportation. However, current law
specifically prohibits the Secretary from requiring an air
carrier to provide information on the number of passengers or
the amount of cargo on a specific flight. According to the
Department of Transportation, the prohibition on collecting
information by specific flight was considered necessary to
protect the competitive position of air carriers, but has not
substantially encouraged competition and is not effective. Air
carriers can and do obtain their competitors' passenger and
cargo data by flight number in other ways, including surveys,
observations of traffic, and purchase of reservation data from
private third parties. As part of the Department's Aviation
Data Requirements Review and Modernization Program, the
Department is planning to modernize the O&D data collection
system so that it is based on existing internal automated data
systems maintained by the airlines and/or computer reservation
systems (CRSs). For example, there is a CRS-based data file
called the Transaction Control Number (TCN) file. In the
process of ticketing airline passengers, airlines and related
computer reservation systems electronically record the majority
of transactions in the standard TCN formats for various
accounting, reconciliation, and seat inventory control
purposes. The Department believes that these TCN data could
provide an alternative, less expensive source of traffic and
faredata. The Department anticipates issuing a proposed rule on
this subject by early 2004. Removal of the restriction on collecting
data by flight will enable the Department to calculate more accurately
such performance measures as the number of passengers affected by
flight delays, the average time required to travel on particular
routes, the reliability of travel time for passengers, and the average
fare paid by passengers. It will also enable the Transportation
Security Administration to deploy its screening workforce more
effectively by identifying the times of day and days of the week that
experience the most passenger travel and, therefore, require the most
screening personnel.
Section 402. Data on Incidents and Complaints Involving Passenger and
Baggage Security Screening
This section requires DOT to publish passenger complaints
about screening problems in the same way that it publishes
complaints about delays, lost baggage, etc.
Section 403. Definitions
This section places the various definitions of ``hub'' in
one place in Title 49 rather than scattered throughout the code
as they are now.
Section 404. Clarifications to Procurement Authority
Subsection (a) deletes references to certain statutes that
no longer apply to the FAA as a result of the procurement
reform contained in section 40110(d) of title 49.
Subsection (b) deletes the reference to the deadline for
implementing procurement reform since that deadline has long
since been met. It adds the procurement of ``services'' to the
list of actions to which the FAA's procurement system applies.
It also clarifies the procedures for contract.
Section 405. Low-Emission Airport Vehicles and Ground Support Equipment
Subsection (a) allows passenger facility charge (PFC)
revenue to be used to purchase low-emission vehicles or to
convert existing equipment.
Subsection (b) makes clear that PFC revenue can be used
only to pay the difference in cost between the low-emission
vehicle and a regular vehicle. PFCs can also be used to pay the
cost of converting an existing vehicle to a low emission
vehicle.
Subsection (c) defines the type of equipment that is
eligible.
Section 406. Streamlining of the Passenger Facility Fee Program
Subsection (a) is designed to streamline the PFC approval
process by requiring that notice and comment is provided before
the airport submits its PFC application to FAA and all the
certifications be included in that application. This would
obviate the need for further notice and comment after the
application is submitted and paragraph (a)(4) makes that
current notice and comment requirement optional with the
agency. The subsection also states that an airport is required
to consult with only those airlines operating there that
provide scheduled air service or major charter operations.
Subsection (b) provides a 3-year test of expedited
procedures for approval of PFC applications at small airports.
Such an airport that notifies FAA of its intention to impose a
PFC shall be allowed to do so unless FAA objects within 30 days
of receiving the notice.
Subsection (c) makes clear that passengers on a military
charter are not required to pay a PFC since payment for the
flight is made by the Department of Defense rather than by the
individual passengers.
Section 407. Financial Management of Passenger Facility Fees
This section requires airlines to place PFC revenue that
they collect in a separate account so that the airport for
which the PFC was collected will be assured of receiving its
money should the airline go out of business during the interim
period between the time that the PFC was collected and the time
it is remitted to the airport.
Section 408. Government Contracting for Air Transportation
Subsection (a) makes clear that the term ``commercial
item'' does not include the transportation of people by air.
Such transportation must be on U.S. airlines to the extent
required by the other provisions of 49 U.S.C. 40118.
Subsection (b) makes clear that a person that has
contracted with the military has the same obligation under 49
U.S.C. 41106 to employ U.S. airlines for airlift services as
the military.
Section 409. Overflights of National Parks
Subsection (a) states that the requirements and
restrictions governing commercial air tour operations, as
defined in the Air Tour Management Act of 2000, of national
parks apply only to those flights that are over the park, or
over an area within \1/2\ mile outside the boundary of a
national park, and not to those flights that may be near the
park, even if they have some impact on the park.
Subsection (b) overrules an FAA regulation that establishes
specific times that are considered daylight hours and instead
uses the more common approach of defining daylight as the hours
between 1 hour after sunrise and 1 hour before sunset.
Section 410. Collaborative Decision Making Pilot Program
Subsection (a) requires a pilot program to be established
within 90 days that would allow airlines to discuss changes in
flight schedules in the event of a capacity reduction event
such as a thunderstorm.
Subsection (b) states that the pilot program will last for
2 years after it is established.
Subsection (c) directs FAA to issue guidelines for the
program that, at least, define when a capacity reduction event
exists that would warrant the use of collaborative decision
making among airlines.
Subsection (d) states that when the FAA determines that a
capacity reduction event exists at an airport, it may permit
airlines to meet and discuss their schedules for up to 24 hours
in order to use the available air traffic capacity most
effectively. The FAA shall monitor these discussions.
Subsection (e) directs the FAA to choose three airports to
participate in the program within 30 days after establishing
the program. The airports chosen should be those with the most
delays where collaborative decision-making could help reduce
delays there and throughout the nation.
Subsection (f) states which airlines are eligible to
participate.
Subsection (g) permits the FAA to modify or cancel the
program or prevent an airline from participating if it finds
that the purposes of the program are not being furthered or
there is an adverse impact on competition.
Subsection (h) requires FAA and DOT to evaluate the impact
of the pilot program on the use of air traffic capacity,
competition, the amount of air service to communities, and the
impact of delays at other airports. In conducting this
evaluation, the Committee suggests that the Administrator
should consider using measures in addition to the existing 15-
minute on-time departure standard. For example, factors such as
the probability of making a connection and the average delay
per itinerary could be helpful in better understanding
passenger delays, since data on aircraft departure delays do
not reflect the delay experienced by passengers on cancelled
flights. In addition, 30- and 45-minute on-time departure
standards metrics (rather than just 15-minute) could be helpful
in measuring the average length of delays.
Subsection (i) allows the program to be extended for an
additional two years and expanded to seven more airports if
warranted by the evaluation in subsection (h).
Section 411. Availability of Aircraft Accident Site Information
This section adds two provisions to the family assistance
plans that airlines are required to follow in the event of a
plane crash. The first requires information to homeowners whose
houses are damaged about liability and compensation. Typically,
this information should direct homeowners to their insurance
companies to obtain information on compensation for damages.
The second requires the airline to provide closed circuit
television or a similar method for families to view NTSB
proceedings concerning the accident. This would apply only if
the NTSB proceedings were more than 80 miles from the accident
site. In such cases, the proceedings would have to be able to
be viewed in the cities where the flight originated and where
it was scheduled to land. This applies only to cities in the
United States.
Section 412. Slot Exemptions at Ronald Reagan Washington National
Airport
Subsection (a) increases the number of slot exemptions to
be granted outside the 1,250 mile perimeter from 12 to 24.
Subsection (b) increases the number of slot exemptions to
be granted inside the perimeter from 12 to 20.
Subsection (c) accommodates the above additional exemptions
by increasing the number that can be granted during each one-
hour period from 2 to 3. It also distributes the 20 inside-the-
perimeter exemptions as follows--6 for air service from Reagan
National to small airports, 10 to medium size or smaller
airports, and 4 to any airport.
Subsection (d) directs DOT to establish procedures for the
grant of these slot exemptions.
Subsection (e) requires DOT to study the impact of locally
imposed perimeter rules on competition and air service to
communities outside that perimeter.
Subsection (f) requires DOT to study the impact of changing
the definition of commuter to encompass 76 seat regional jets
in that definition.
Section 413. Notice Concerning Aircraft Assembly
This section requires U.S. airlines to include on the
placard in the seat back pocket a notice informing the
passenger of where the aircraft was built. This placard now
typically contains information about the model of the aircraft
and safety procedures concerning the aircraft. Other products
people purchase typically inform customers where that product
was made.
Section 414. Special Rule To Promote Air Service to Small Communities
In order to promote air service to small communities, this
section directs FAA to permit small turbine powered or multi-
engine aircraft to carry passengers between a small airport and
another airport and to accept payment from those passengers if
the aircraft is otherwise operated in accordance with FAA rules
in Parts 119 and 135 and DOT rules in Part 298 of 14 CFR. It
would authorize air service with aircraft configured for ten
passenger seats or less to or from smaller airports, with
individual seats sold at anegotiated price. There are no
requirements on the frequency of this service or the cities it would
serve. This service is not intended as a replacement for essential air
service, and the service will be subject to all applicable FAA and DOT
regulations.
This provision is designed to encourage a charter-type
service to non-hub airports, in which flights would be operated
on-demand, with the times and destinations negotiated by
prospective passengers. It is anticipated that these
negotiations could take place on the Internet. While the
Committee is supportive of encouraging this type of service, it
believes that it must not be permitted to turn into scheduled
service, without complying with all regulations governing
scheduled service. The service would lose its character as on-
demand service if the operator indicated on its web site, or in
published material, that flights would be operated at specific
times to specific destinations. However, operators would be
allowed to advertise destinations only to spark interest by
customers. In addition, an operator should be able to post to
the web that a customer has requested travel to a specific
destination within a certain timeframe on a particular day so
that others can join in and all reduce their respective price.
Furthermore, this provision is not intended to increase traffic
at reliever airports in markets already being served by one or
more hub airports.
Section 415. Small Community Air Service
Subsection (a) allows the portion of the essential air
service (EAS) subsidy paid to an airline to promote its service
to be paid to the community instead so that it can promote that
service. It also phases in a requirement that communities pay a
local share of the subsidy in order to continue to receive EAS.
Whether a community is subject to a local share requirement
will depend on its distance from a hub. That distance should be
determined by the most commonly used highway route, which may
not be the most direct route in all cases.
Subsection (b) revises the small community air service
development grant program to improve air service at underserved
communities by eliminating the per-State limit on the number of
communities that can participate and by giving priority to
those communities that can use the money in the fiscal year
that they receive it.
Subsection (c) authorizes $65 million, in addition to the
$50 million already required to be provided, for the EAS
program and for the alternative program established by
subsection (f) below. It also authorizes the hiring of
additional employees in DOT to manage the program.
Subsection (d) requires DOT to give a community 90 days
notice before it discontinues subsidies to a community as a
result of that community's failure to meet mileage or per
passenger subsidy targets established in Appropriations Acts.
Subsection (e) directs DOT to encourage the submission of
joint fare proposals, as they would benefit service to small
communities.
Subsection (f) establishes an alternative to the EAS
program. Under this alternative, rather than receiving service
from an airline subsidized by DOT, the community could receive
a grant from DOT to establish and pay for its own service. This
could include scheduled air service, air taxi service,
fractional ownership where passengers pay for the service,
surface transportation, or some other approach approved by DOT.
Communities choosing to participate in this alternative program
would not have to pay a local share and could not receive
service under the established EAS program in the fiscal year in
which they participated in the alternate program. This would
not prohibit a community from getting back into the EAS program
in a later fiscal year if it was still otherwise eligible for
it.
Section 416. Type Certificates
Subsection (a) requires anyone building a new aircraft
based on a type certificate to have the permission of the
holder of that type certificate. This treats type certificates
the same as supplemental type certificates for this purpose.
Subsection (b) requires the FAA to spend the same amount of
time and perform a similarly thorough review when certifying or
validating a foreign aviation product as the foreign nation
spends in certifying or validating U.S. aviation products.
Section 417. Design Organization Certificates
This section directs FAA to develop within 3 years a plan
for certification of design organizations and allows the FAA to
implement within 7 years a system for certifying design
organizations if it so chooses.
Section 418. Counterfeit or Fraudulently Represented Parts Violations
This section would direct the FAA to deny a certificate to
a person whose certificate was previously revoked for
involvement in an activity relating to counterfeit or
fraudulent aviation parts.
Section 419. Runway Safety Areas
This section states that an airport shall not be required
to reduce the length of a runway or declare the length of the
runway to be less than the actual pavement length in order to
meet FAA requirements for runway safety areas.
Section 420. Availability of Maintenance information
Requires manufacturers of aircraft and aircraft parts to
provide maintenance manuals at a reasonable cost to repair
stations that are authorized to work on those aircraft or
aircraft parts. This section does not require manufacturers to
provide proprietary information or to produce maintenance
manuals if they were not already required to produce them
underFAA rules. The Committee believes safety would be enhanced if
repair stations always had access to the information in these manuals.
Subsection (a) codifies the existing Federal Aviation
Regulation (FAR) in 14 CFR section 21.50(b) that requires
holders of a design approval to prepare and furnish
Instructions for Continued Airworthiness (ICA) to the owner of
each type certificated product and thereafter to make those
instructions available to any person required to comply with
the FAR. This includes subsequent owner/operators and
maintenance providers.
Subsection (b) contains definitions clarifying the meaning
of several terms in subsection (a).
Subsection (b)(1) defines ``make available'' to mean at a
price not to exceed the cost of preparation and distribution.
This is the same standard used by the Food and Drug
Administration (FDA) in 21 CFR section 1050.10(f) pertaining to
the availability of servicing information for ultrasound
therapy products. It is similar to the ``fair and reasonable''
standard used by the EPA in requiring automobile manufacturers
to make maintenance information available to independent
service stations pursuant to 40 CFR section 86.094-38. The
Committee intends that the cost of preparation and distribution
contemplated by subsection (b)(1) include such factors as the
type of information provided, the format in which it is
distributed (such as hard copy, compact disks or through the
world-wide web), the quantity of material and the detail of the
information. It could reasonably include, for example, the cost
of maintaining a technical publications department, technical
writers and those engineers specifically assigned to develop
new repairs and alterations essential to continued
airworthiness. The creation of ICAs (and changes thereto) is
currently required as a condition for obtaining most FAA design
approvals. Therefore, design approval holders should not charge
for engineering costs associated with obtaining their original
FAA design approval, creating the original ICAs or making FAA-
required changes to the approved design under 14 CFR Part 21.
The Committee recognizes that many design approval holders
charge for their engineering services, such as when a repair
station submits an independently developed repair to the design
approval holder for approval. This section does not affect this
practice.
Subsection (b)(2) defines the term ``design approval'' to
include at least those design approvals issued by the FAA, such
as type certificates, amended and supplemental type
certificates, parts manufacturer approvals and technical
standard order authorizations. This section requires each
design approval holder to create ICAs unless information
essential to continued airworthiness of that article is
included in the ICAs of a higher-level design approval holder.
Subsection (b)(3) defines the term ``Instructions for
Continued Airworthiness''. The definition is consistent with
FAA regulations contained in 14 CFR Parts 21 and 43, as well as
FAA guidance material.
Subsection (c) requires the Administrator to conduct a
rulemaking to accomplish several objectives.
Subsection (c)(1) requires the Administrator to determine
what is essential to continued airworthiness of the applicable
aircraft, aircraft engine or propeller.
Subsection (c)(2) requires the Administrator to determine
whether other activities requiring FAA-approved technical data,
such as major repairs and major alterations, are design
approvals and should therefore be subject to the ICA rules. The
Committee notes that the same airworthiness standards apply to
major repairs and major alterations as apply to new products.
The Committee understands that the FAA has extended the ICA
requirement to parts manufacturer approvals (in those cases
where the existing ICAs are not adequate to ensure continued
airworthiness) and major alterations conducted under the field
approval process. The Administrator should also consider
whether ICAs (such as inspection criteria or wear tolerances)
should be required for independently developed major repairs.
Because information necessary to determine the continued
airworthiness of these repairs are not contained in the ICAs,
this would enable a subsequent maintenance provider to
adequately determine whether a major repair remained in an
airworthy condition.
Subsection (c)(3) requires the Administrator to change
current section 21.50(b) to reflect the definition of design
approval contained in subsections (b)(2) and (c)(2) of this
section.
Section (c)(4) requires the Administrator to determine
whether maintenance manuals that were created prior to January
29, 1981 (and any changes thereto) should be made available to
persons required to comply with the Federal Aviation
Regulations. There is no doubt that maintenance manuals are
critical to ensuring aviation safety. In addition, the
Committee notes that some predecessor regulations to section
21.50(b) required that these manuals be made available.
Finally, maintenance providers are required to comply with
these manuals when they perform maintenance and alterations on
civil aviation articles. Accordingly, the Committee believes
these pre-1981 manuals should be made available to the maximum
feasible extent.
Subsection (c)(5) requires the Administrator to conduct a
rulemaking requiring design approval holders that (1) are
operating an ongoing business, (2) were required to produce
maintenance manuals or ICAs under section 21.50(b), and (3)
have not done so, to prepare and make the ICAs available as
required by this section not later than one year after the
regulations are adopted. The Committee notes that such entities
are not currently in compliance with the regulations and
expects the Administrator to act expeditiously to ensure that
corrective action is taken.
Subsection (c)(6) requires the Administrator to revise its
regulations to reflect the changes made by this section. The
current location of section 21.50(b) in Subpart B has resulted
in confusion as to which entities are design approval holders
covered by this regulation. The reported bill clarifies the
definition of design approval holder in subsection (b)(2) and
directs the Administrator to consider whether additional
entities arealso design approval holders. Accordingly, the
Administrator should consider relocating section 21.50(b) within Part
21 (such as Subpart A or another location of general applicability)
that is consistent with this definition.
Subsection (d) provides that nothing in this section
requires a design approval holder to make available proprietary
information unless it is deemed essential to continued
airworthiness pursuant to the rulemaking required by subsection
(c)(1).
Section 421. Certificate Actions in Response to a Security Threat
Subsection (a) requires FAA to revoke a pilot's certificate
if the Department of Homeland Security notifies the FAA that
the pilot is a security risk.
Subsection (b) gives a pilot who is a U.S. citizen the
right to a hearing before an administrative law judge (ALJ).
Others have the right to the appeal procedures that the
Transportation Security Administration (TSA) has already
provided for them.
Subsection (c) states that the ALJ is not bound by the
FAA's or TSA's findings of fact or law.
Subsection (d) allows either party to appeal an ALJ
decision to a special panel created by the Transportation
Security Oversight Board.
Subsection (e) allows either party to appeal the panel's
decision to the U.S. Court of Appeals.
Subsection (f) requires TSA to give a person appealing
under this section an explanation of the reason for the
revocation and all supporting documents to the extent that
national security permits.
Subsection (g) sets forth the procedures for handling
classified evidence.
Section 422. Flight Attendant Certification
Subsection (a) prohibits a person from serving as a flight
attendant on an aircraft of a U.S. airline unless that person
holds a certificate from the FAA. That person must present that
certificate, upon request, to an authorized Federal official
within a reasonable time. People currently serving as flight
attendants can continue to do so pending their certification.
After the airline notifies the FAA that a person has met the
qualifications for certification, that person may serve as a
flight attendant even if that person does not have the
certificate in hand.
Subsection (b) requires the FAA to issue a certificate to a
person after the airline notifies the FAA that the person has
completed all FAA approved training.
Subsection (c) designates the appropriate airline official
to determine whether a person has successfully completed the
training.
Subsection (d) requires the certificate to be numbered and
recorded by the FAA, contain the name, address, and description
of the flight attendant, contain the name of the airline that
the flight attendant works for, be similar to airmen
certificates, contain the airplane group (jet or prop) for
which the certificate is issued, and be issued by the FAA
within 30 days of notification by the airline or within 1 year
of the effective date of this section.
Subsection (e) states that all flight attendant training
programs, other than those involving security, are subject to
FAA approval. Training programs approved within one year prior
to the date of enactment may be used as the basis for
certifying flight attendants.
Subsection (f) defines ``flight attendant''.
This section takes effect one year after the date of
enactment.
Section 423. Civil Penalty for Closure of an Airport Without Providing
Sufficient Notice
Requires the government agency that owns or controls an
airport to provide 30 days notice before that airport is
closed. This is in addition to any grant assurance with which
the airport may have to comply. There is $10,000 penalty for
each day that the airport remains closed without having given
the proper notice.
Section 424. Noise Exposure Maps
This section replaces an obsolete date reference and
directs airports to update their noise exposure maps if there
is a change in the operations at the airport that would lead to
a significant increase or decrease in noise.
Section 425. Amendment of General Fee Schedule Provision
This section makes clear that the changes to the method for
calculating overflight fees in the Aviation and Transportation
Security Act were not nullified by the savings provision in
that Act.
Section 426. Improvement of Curriculum Standards for Aviation
Maintenance Technicians
This section requires FAA to update the curriculum for
training aircraft mechanics to reflect current technology and
maintenance practices.
Section 427. Task Force on Future of Air Transportation System
This section requires the President to establish a Task
Force to develop an integrated plan to transform the Nation's
air traffic control and air transportation system to meet
itsfuture needs. This is based on the recommendation of the National
Commission on the Future of the Aerospace Industry
Section 428. Air Quality in Aircraft Cabins
This section directs the FAA to undertake the studies and
analysis called for in the National Academy of Sciences study
on airline cabin air quality.
Section 429. Recommendations Concerning Travel Agents
This section requires DOT to consider the recommendations
of the National Commission to Ensure Consumer Information and
Choice in the Airline Industry and to report to Congress on any
actions that it believes should be taken.
Section 430. Task Force on Enhanced Transfer of Applications of
Technology for Military Aircraft to Civilian Aircraft
This section directs the President to establish a task
force to look for ways to ensure that technology developed for
military aircraft is more quickly and easily transferred to
applications for improving and modernizing the fleet of
civilian aircraft.
Section 431. Reimbursement for Losses Incurred by General Aviation
Entities
This section authorizes $100 million to reimburse general
aviation businesses that have incurred costs or lost money as a
result of security restrictions. The businesses eligible for
this reimbursement are the fixed based operator and any other
general aviation businesses at Reagan National Airport that has
been largely closed to general aviation since September 11,
2001, the 3 general aviation airports in the Washington, D.C.
area that were closed after September 11th and are now
operating under security restrictions, banner towers who have
been prohibited from flying over stadiums, flight schools that
have been unable to train foreign students, and any other
general aviation business that is prohibited from operating due
to similar restrictions.
Section 432. Impasse Procedures for National Association of Air Traffic
Specialists
This section requires the wage dispute between the FAA and
the National Association of Air Traffic Specialists to be
submitted to the Federal Services Impasse Panel if it has not
been resolved within 30 days of enactment of this Act.
Section 433. FAA Inspector Training
Subsection (a) directs GAO to undertake a study of the
training of FAA's safety inspectors.
Subsection (b) is a Sense of the House that FAA safety
inspectors should take the most up-to-date training at a
location convenient to the inspector and that the training
should have a direct relation to the inspector's job
requirements.
Subsection (c) directs the FAA to arrange for the National
Academy of Sciences to study the staffing standards the FAA
uses for its inspector workforce.
Section 434. Prohibition on Air Traffic Control Privatization
Subsection (a) prohibits DOT from privatizing the functions
performed by its air traffic controllers who separate and
control aircraft.
Subsection (b) states that this prohibition does not apply
to the functions performed at air traffic control towers that
are operated by private entities under the FAA's contract tower
program. This exemption covers the current airport traffic
control towers that are part of the FAA contract tower program
in addition to non-towered airports and non-federal towers that
would qualify for participation in this program.
Section 435. Airfares for Members of the Armed Forces
This is a sense of Congress urging airlines to provide low
fares for Members of the Armed Forces of the United States.
Section 436. Air Carriers Required to Honor Tickets for Suspended Air
Service
This section extends for 9 more months the requirement that
airlines accommodate passengers whose flight is cancelled due
to the bankruptcy of the carrier on which that passenger was
ticketed.
Section 437. International Air Show
This section directs DOT to study the feasibility of the
United States hosting an international air show to rival the
one in Paris. The Committee is aware that a similar provision
has been included in H.R. 1588 and urges DOT to work with the
Department of Defense on this matter.
Section 438. Definition of Air Traffic Controller
This section allows an air traffic controller who is
promoted to a supervisory or managerial position to retain the
same retirement benefits as one who was not so promoted.
Subsections (a) and (b) amend the definition of an ``air
traffic controller'' within the Civil Service Retirement System
(CSRS) and Federal Employee Retirement System (FERS) to include
second level air traffic controller supervisors.
Subsection (c) clarifies that CSRS and FERS mandatory
retirement provisions that apply to line air traffic
controllers do not apply to second level supervisors.
Subsection (d) specifies that this section shall take
effect on the 60th day after the date of enactment.
Subsection (e) allows current second level supervisors who
have been promoted prior to enactment to retroactively pay into
the higher CSRS accrual rate.
Section 439. Justification for Air Defense Identification Zone
If the FAA imposes flight restrictions in the Washington
D.C. area, this section requires FAA to submit a report to
Congress within 60 days explaining the need for such
restrictions. If such restrictions are in effect on the date of
enactment, this report must be filed within 30 days of the date
of enactment.
Section 440. International Air Transportation
This is a sense of Congress urging DOT to define ``fifth
freedom'' and ``seventh freedom'' consistently for both
scheduled and charter passenger and cargo traffic.
Section 441. Reimbursement of Air Carriers for Certain Screening and
Related Activities
This section directs DOT, subject to the availability of
funds, to reimburse U.S. airlines and airports for the security
activities that they are still being required to perform. It
also directs DOT to reimburse airports for the space being used
to screen passengers if that space was being used or would have
been used by concessionaires or other for revenue producing
activities.
Section 442. General Aviation Flights at Ronald Reagan Washington
National Airport
This is a sense of Congress that Reagan National Airport
should be opened to general aviation flights as soon as
possible.
TITLE V--AIRPORT DEVELOPMENT
Section 501. Definitions
This section includes the various hub definitions in
Chapter 471 of title 49.
Section 502. Replacement of Baggage Conveyer Systems
This section states that an airport can only use its AIP
entitlement funds for airport terminal modifications to
accommodate explosive detection systems. AIP discretionary
funds will not be available for this purpose.
Section 503. Security Costs at Small Airports
This section allows small airports to use their AIP
entitlement funds in fiscal year 2004 to pay the operating
costs required to meet new security requirements.
Section 504. Withholding of Program Application Approval
If an AIP discretionary grant is withheld from an airport
on the grounds that the airport has violated a grant assurance,
this section requires that the airport be given the same right
to a hearing that it would have if the FAA had withheld an
entitlement grant. This section does not require the FAA to
give a discretionary grant to any particular airport.
Section 505. Runway Safety Areas
This section requires airports to undertake, to the maximum
extent practical, improvements to the runway safety overrun
area to meet FAA standards when they receive grants to
construct, reconstruct, repair, or improve that runway. This
does not require that airport to build a shorter runway, reduce
the length of that runway or similar actions that are
prohibited by section 419 of this bill.
Section 506. Disposition of Land Acquired for Noise Compatibility
Purposes
Rather than depositing the proceeds from the sale of land
into the aviation trust fund, this section allows an airport to
retain those proceeds and use them for another noise
compatibility project including the purchase of residential or
non-residential property near the airport.
Section 507. Grant Assurances
If an airport owner and an aircraft owner agree that an
aircraft hangar can be constructed at the airport at the
aircraft owner's expense, subsection (a) requires the airport
owner to grant a long-term lease to the aircraft owner for that
hangar. The lease may be subject to such terms and conditions
on the hangar as the airport may impose.
Subsection (b) makes a governmental entity subject to the
6-year statute of limitations on making requests for
reimbursement from an airport. Currently, only the airport
sponsor is subject to this statute of limitations.
Subsection (c) clarifies the review of revenue use through
the annual audit activities under the Single Audit Act of Title
31.
Section 508. Allowable Project Costs
Subsection (a) permits AIP grants to be used to build or
modify a revenue generating parking facility at an airport if
it is needed to comply with a security directive.
Subsection (b) permits AIP grants to be used at small
airports to pay the interest on a bond used to finance an
airport project.
Subsection (c) permits AIP grants to be used to pay the
cost of moving a Federal building that is impeding an airport
project to the extent the new building is similar to the old
one.
Section 509. Apportionments to Primary Airports
Subsection (a) lowers the entitlement for the largest
airports by 5 cents for each passenger at that airport over 3.5
million in a year.
Subsection (b) allows airports that fell below the $10,000
passenger threshold for qualifying as a primary airport
following the September 11th terrorist attack to continue to
receive their primary airport entitlement for two years.
Section 510. Cargo Airports
This section increases the entitlement for airports with
air cargo service from 3% of total AIP to 3.5%.
Section 511. Considerations in Making Discretionary Grants
This section restates the first five factors that FAA must
consider in deciding whether to make a discretionary grant for
a project to enhance capacity at an airport. The sixth
consideration in current law is eliminated, as it is not a
provision of general applicability like the others. This
section also adds two additional factors for FAA to consider
when making discretionary grants for all projects. One is where
the project stands in the FAA's priority system. The second is
whether work can begin on the project soon after the grant is
made.
Section 512. Flexible Funding for Nonprimary Airport Apportionments
Subsection (a) permits an airport sponsor to make AIP
entitlement grants for one of its airports available to another
one of its airports if that other airport is eligible to
receive AIP grants. It also permits an airport to make an
agreement with FAA to forego its entitlement if the FAA agrees
to make the money foregone available for a grant to another
airport in the same State or to an airport that the FAA
determines is in the same geographical area.
Subsection (b) permits multiyear grants using the general
aviation entitlement to the same extent that they are permitted
using the primary airport entitlement.
Subsection (c) permits retroactive use of the general
aviation entitlement in the same way that the primary airport
entitlement can be used. It also permits a general aviation
airport to use its AIP entitlement for revenue producing
facilities, such as building fuel farms and hangars, if the
airport certifies that its airside needs are being met. This
will help small airports become more self-sufficient.
Subsection (d) permits a general aviation airport to use
its AIP entitlement for terminal development.
Section 513. Use of Apportioned Amounts
Subsection (a) broadens the category for which noise set-
aside funds may be used.
Subsection (b) eliminates the special set-aside for
reliever airports since there is no evidence that the
particular airports singled out by that set-aside are actually
providing any more relief from congestion than other airports
that do not qualify it.
Subsection (c) allows AIP grant funds that are not spent by
an airport to be recovered by the FAA and used for a grant to
another airport notwithstanding any obligation limitation in an
appropriations act.
Section 514. Military Airport Program
This section increases from $7 million to $10 million the
amount that an airport designated under the military airport
program can use for terminal development, parking lots, fuel
farms, or hangar construction.
Section 515. Terminal Development Costs
This section restates two provision in current law that
permit reimbursement for terminal development costs and adds a
third provision. The third provision allows a small airport
that is designated under the military airport program at which
terminal development is carried out between January 2003 and
August 2004 to use AIP money to repay money borrowed to build
that terminal.
Section 516. Contract Towers
This section updates the section on the FAA's contract
tower program and increases the maximum Federal share for the
construction of a tower under this program. The Committee
supports the FAA contract tower program as a cost-effective way
to enhance air traffic safety at smaller airports that
otherwise would not enjoy the safety benefits of a tower. The
Department of Transportation Inspector General has supported
the benefits of this program in numerous audits.
Section 517. Airport Safety Data Collection
This section allows FAA to use AIP money to enter into a
sole source contract with a private entity to collect airport
safety data.
Section 518. Airport Privatization Pilot Program
Subsection (a) allows a proposed airport privatization to
proceed if it is approved by 65% of the scheduled U.S. airlines
serving the airport rather than by 65% of all scheduled and
charter airlines serving the airport. With respect to a general
aviation airport, approval must be by 65% of the owners of
aircraft based at the airport, as determined by the Secretary.
If an airline has not filed an objection within 60 days, it
will be considered to have approved the proposed privatization.
Subsection (b) eliminates the provision that limits the
Federal share of a discretionary grant for a privatized airport
to 40%.
Section 519. Innovative Financing Techniques
This section allows 10 more grants for innovative financing
techniques to be issued but eliminates payment of interest and
commercial bond insurance as permitted techniques since those
are now covered by section 508(b) of the reported bill.
Section 520. Airport Security Program
This section directs the FAA to continue to administer this
particular program to test and evaluate innovate aviation
security systems and technologies at airports even though most
security responsibilities have been transferred to the
Department of Homeland Security.
Section 521. Low-Emission Airport Vehicles and Infrastructure
Subsection (a) requires DOT and EPA to ensure that an
airport will receive appropriate emission credits for carrying
out a project that will reduce emissions at that airport.
Subsection (b) directs DOT to carry out a pilot program at
no more than 10 airports under which an airport may use AIP
grants of not more than $500 thousand to retrofit equipment
used at the airport so that they produce lower emissions.
Subsection (c) makes projects that will reduce emissions at
airports eligible for AIP grants.
Subsection (d) states that with respect to low-emission
equipment that is not already eligible to be purchased with AIP
funds, the only portion of the cost that is eligible to be paid
for with AIP funds is the portion that the FAA determines
represents the increase in the cost of the low-emission
equipment over a similar piece of equipment that is not low-
emission.
Subsection (e) defines low-emission equipment.
Section 522. Compatible Land Use Planning and Projects by State and
Local Governments
This section would allow the FAA to use AIP funds to make
grants to States and localities for land use planning near
airports so that the communities may make the use of land in
their jurisdictions more compatible with aircraft operations.
The goal is to achieve more responsible land uses around
airports in jurisdictions that are not under the control of the
airport owner or operator. Conditions are imposed to avoid
undermining the efforts of the airport. This provision will
expire in 4 years and could be reevaluated and continued at
that time if it is meeting its goals without impeding airport
operations. The FAA should utilize this section only where it
will further the interests of aviation and should not allow it
to be abused by opponents of the airport.
Section 523. Prohibition on Requiring Airports To Provide Rent-Free
Space for Federal Aviation Administration
This section continues provisions that have previously been
included in various appropriations acts to require FAA to pay
rent for the space that they use at airports. Exceptions are
provided for agreements that might be negotiated with the
airport and for land and facilities needed to house the air
traffic controllers. This section is not intended to supersede
the grant assurance in section 47107(a)(12) that facilities be
provided without charge to the FAA for air traffic control and
navigation.
Section 524. Midway Island Airport
Subsection (a) finds that the airport on Midway Island is
critical to the safety of flights over the Pacific Ocean.
Subsection (b) directs DOT to enter into an MOU with other
government agencies to facilitate the sale of fuel at the
airport to help it become self-sufficient.
Subsection (c) allows the airport to transfer its
navigation aids to the FAA and requires the FAA to operate and
maintain them.
Subsection (d) makes aviation trust fund money available to
the Interior Department for capital projects at the airport.
Legislative History and Committee Consideration
Hearings were held on FAA reauthorization on February 12,
March 6, March 12, March 27, and April 9, 2003. The
Subcommittee approved by voice vote a committee print of H.R.
2115 on May 14, 2003 and the Committee on Transportation and
Infrastructure approved by voice vote H.R. 2115, as amended, on
May 21, 2003.
Rollcall Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each rollcall
vote on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no rollcall votes on H.R. 2115.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
improve the safety and efficiency of the civil aviation system
in the United States.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2115 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2115, the Flight
100--Century of Aviation Reauthorization Act, as ordered
reported by the House Committee on Transportation and
Infrastructure on May 21, 2003, and including amendments
specified in a letter to CBO on June 4, 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The principal CBO staff contacts for
federal costs are Mark Hadley and Megan Carroll. The staff
contact for the private-sector impact is Jean Talarico, and the
contact for the state and local impact is Gregory Waring.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2115--Flight 100--Century of Aviation Reauthorization Act
Summary: H.R. 2115 would authorize appropriations for
programs administered by the Federal Aviation Administration
(FAA). Most of the bill's authorizations would extend for four
years: the 2004-2007 period. CBO estimates that implementing
H.R. 2115 would cost about $48.4 billion over the next five
years, assuming appropriation actions consistent with the
amounts that would be authorized by the bill and the levels of
new contract authority (a mandatory form of budget authority)
it would provide for aviation programs. In addition, we also
estimate that enacting the bill would increase direct spending
by $1.4 billion over the 2004-2008 period and by $2.7 billion
over the next 10 years. Finally, CBO and the Joint Committee on
Taxation (JCT) estimate that H.R. 2115 would increase revenues
by $3 million over the 2004-2008 period and $11 million over
the next 10 years.
H.R. 2115 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) because it would
require state and local governments to notify the FAA if they
intend to close an airport. CBO estimates that the cost of this
mandate would be minimal and would be significantly below the
threshold established in that act ($59 million in 2003,
adjusted annually for inflation). The bill would authorize
grants for various activities that would benefit state and
local governments.
H.R. 2115 would impose private-sector mandates as defined
in UMRA on air carriers. CBO estimates that the direct costs of
those mandates would fall below the annual threshold
established in UMRA ($117 million in 2003, adjusted annually
for inflation) in the first five years the mandates are in
effect.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2115 is shown in Table 1. The costs of
this legislation fall within budget function 400
(transportation) and 600 (income security).
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 2115
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\............................ 10,160 15 15 15 15 15
Estimated outlays \2\........................... 13,364 5,764 3,886 3,616 3,500 3,472
Proposed changes:
FAA operations:
Estimated authorization level............... 0 7,591 7,732 7,889 8,064 0
Estimated outlays........................... 0 6,756 7,716 7,872 8,045 887
Air navigation facilities and equipment:
Estimated authorization level............... 0 3,138 2,993 3,053 3,110 0
Estimated outlays........................... 0 1,349 2,542 2,824 3,015 1,730
Reimbursing airports and air carriers:
Estimated authorization level............... 0 1,300 800 800 800 800
Estimated outlays........................... 0 780 870 850 800 800
Airport improvement program (AIP) \3\
Estimated authorization level............... 0 0 0 0 0 0
Estimated outlays........................... o -56 13 154 327 480
Other:
Estimated authorization level............... 0 210 110 111 114 113
Estimated outlays........................... 0 148 139 122 114 113
Total proposed changes:
Estimated authorization level............... 0 12,239 11,635 11,853 12,088 913
Estimated outlays........................... 0 8,978 11,281 11,822 12,300 4,010
Spending under H.R. 2115:
Estimated authorization level \1\............... 10,160 12,254 11,650 11,868 12,103 928
Estimated outlays............................... 13,364 14,742 15,167 15,437 15,799 7,483
DIRECT SPENDING
Baseline spending under current law:
Estimated budget authority \3\.................. 3,333 3,518 3,762 3,637 3,564 3,527
Estimated outlays............................... -39 140 384 258 186 149
Proposed changes:
Terrorism risk insurance:
Estimated budget authority.................. 0 -3 -38 172 472 738
Estimated outlays........................... 0 -3 -38 172 472 738
AIP authorization: \3\
Estimated budget authority.................. 0 22 222 422 622 622
Estimated outlays........................... 0 0 0 0 0 0
Retirement Benefits for Certain FAA Employees:
Estimated budget authority.................. 0 1 1 1 2 2
Estimated outlays........................... 0 1 1 1 2 2
Funding for Midway Island Airport:
Estimated budget authority.................. 0 1 3 1 1 0
Estimated outlays........................... 0 0 1 2 1 1
Spending under H.R. 2115:
Estimated budget authority \3\.................. 3,333 3,539 3,950 4,233 4,661 4,889
Estimated outlays............................... -39 139 349 433 661 890
CHANGES IN REVENUES
Estimated revenues.................................. 0 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for FAA's operations account; facilities and
equipment account; research, engineering, and development account; and essential air service.
\2\ Estimated outlays under current law are from amounts appropriated for 2003 and previous years for the FAA
operations account and the facilities and equipment account, as well as the discretionary outlays from the
obligation limitations for the Airport Improvement Program, as assumed to continue in the budget resolution
baseline (adopted in April 2003).
\3\ Budget authority for AIP is provided as contract authority, a mandatory form of budget authority; however,
outlays from AIP contract authority are subject to obligaiton limitations contained in appropriation acts and
are therefore discretionary.
Note.--Details may not add to totals because of rounding.
Basis of Estimate
Implementing H.R. 2115 would increase spending subject to
appropriation. Enacting the bill also would increase direct
spending and revenues. Outlay estimates are based on historical
spending patterns for the affected programs and on information
provided by the Department of Transportation (DOT) and FAA
staff.
Spending subject to appropriation
For purposes of this estimate, CBO assumes that H.R. 2115
will be enacted before the start of fiscal year 2004 and that
the amounts authorized for aviation programs will be
appropriated for each fiscal year.
FAA Operations. The bill would authorize the appropriation
of $7.6 billion for fiscal year 2004, $7.7 billion for 2005,
$7.9 billion for 2006, and $8.0 billion for 2007 for FAA
operations. (In comparison, for fiscal year 2003, the Congress
provided roughly $7 billion for that purpose.) CBO estimates
that appropriation of the amounts specified in the bill would
cost $31.3 billion over the 2004-2008 period.
FAA Air Navigation Facilities and Equipment. H.R. 2115
would authorize the appropriation of about $3.1 billion for
fiscal year 2004, $3.0 billion for 2005, $3.1 billion for 2006,
and $3.1 billion for 2007 for facilities and equipment. (In
comparison, for fiscal year 2003, the Congress provided about
$2.9 billion for that program.) CBO estimates that
appropriation of those amounts would cost $11.5 billion over
the next five years.
Reimbursement of Airports and Air Carriers. H.R. 2115 would
authorize the Secretary of Transportation to reimburse airports
and air carriers for the costs of certain security activities.
Such activities include the security screening of catering
supplies, checking documents, screening persons with access to
aircraft, and providing space in airports for security
personnel that was previously used for revenue-producing
purposes. Based on information from the American Association of
Airport Executives and the Air Transport Association about the
costs that airports and air carriers have incurred for these
activities, CBO estimates reimbursing such costs could total
$4.1 billion over the 2004-2008 period.
FAA Airport Improvement Program. Title I would provide
$14.8 billion in contract authority (a mandatory form of budget
authority) over the 2004-2007 for the airport improvement
program (AIP). Consistent with section 257 of the Balanced
Budget and Energy Deficit Control Act, which specifies that
certain expiring programs be assumed to continue for budget
projection purposes, we estimate that the projected total
amount of contract authority for AIP would be $18.8 billion
over the 2004-2008 period. That total is $1.9 billion above the
amounts projected in the current budget resolution baseline.
(See the discussion of AIP under ``Direct Spending,'' below,
for more details on the budgetary treatment of this program.)
Assuming that the obligation limitations of AIP spending as
set forth in annual appropriation acts, are equal to the
projected contract authority amounts for each year, CBO
estimates that implementing this provision would cost $917
million over the 2004-2008 period. In addition, H.R. 2115 would
change the composition of AIP spending, thereby reducing
outlays below the baseline level in 2004.
Other Provisions. CBO estimates that implementing other
programs that would be authorized by H.R. 2115 would cost a
total of $636 million over the 2004-2008 period. Components of
that estimate are described below.
Essential Air Service Program. Section 415 would authorize
the appropriation of $50 million a year for the Essential Air
Service program above the $15 million authorized under current
law. In addition, section 415 would authorize the Secretary of
Transportation to hire four additional employees to carry out
the Essential Air Service Program. Based on historical spending
patterns of this program. CBO estimates that implementing
section 415 would cost $242 million over the 2004-2008 period.
Small Community Air Service Development Program. Section
104 would authorize the appropriation of $35 million a year
over the 2004-2008 period for the small community air service
development program. Based on historical spending patterns, CBO
estimates this provision would cost $168 million over the 2004-
2008 period.
Reimbursing General Aviation Entities. Section 432 would
authorize the appropriation of $100 million to reimburse
general aviation entities for the security costs incurred and
revenue forgone as a result of the restrictions imposed
following the terrorist attacks of September 11, 2001. CBO
estimates this provision would cost $100 million over the 2004-
2008 period.
Retirement Benefits for Certain FAA Employees. Section 439
would provide an increase in retirement benefits to some
federal employees working as air traffic controller
supervisors. Agency retirement contributions for employees
participating in the Federal Employees' Retirement System
(FERS)--which includes most employees first hired after 1983--
are tied to the cost of providing benefits under that system.
Therefore, if the costs of providingbenefits under FERS
increase, agency contributions also increase. The FAA and Department of
Defense currently employ about 600 air traffic controller supervisors
who are covered by FERS. CBO estimates that section 439 would increase
agency contributions for these employees by $88 million over the 2004-
2008 period. (This provision would also affect direct spending and
revenues as described in the following sections.)
Miscellaneous Provisions. Section 101 would authorize the
appropriation of about $4 million a year over the 2004-2007
period for the Bureau of Transportation Statistics to gather
and analyze airline information. In addition, section 204 would
authorize the appropriation of $4.2 million a year to
facilitate the timely review of environmental impacts of
projects that would enhance airport capacity. CBO estimates
that implementing those two provisions would cost $33 million
over the 2004-2008 period, assuming appropriation of the
necessary amounts.
Finally, the bill would authorize other activities that we
estimate would cost $5 million over the 2004-2008 period,
including task forces and studies on the future of air
transportation, staffing standards for FAA inspectors, the
feasibility of hosting a world-class international air show,
and methods for transferring military technologies to civilian
aircraft.
Direct spending
H.R. 2115 would extend and expand the FAA's terrorism
insurance program for commercial airlines, provide additional
contract authority for the Airport Improvement Program, provide
funding for Midway Island Airport, and increase spending for
retirement benefits for certain FAA employees. CBO estimates
that enacting those provisions would increase direct spending
by $1.4 billion over the 2004-2008 period and $2.7 billion over
the 2004-2013 period. The 10-year cost of those provisions is
summarized in Table 2.
Terrorism Risk Insurance. Under current law, the FAA offers
insurance to air carriers against liability arising from losses
caused by terrorist events. The FAA's aviation terrorism
insurance program is scheduled to end on December 31, 2004.
H.R. 2115 would extend the authorization for that program
through December 31, 2007. The bill also would authorize the
FAA to expand the program by offering insurance coverage to
companies that manufacture aircraft and aircraft engines. CBO
estimates that the net cost of providing insurance to air
carriers and manufacturers through December 31, 2007, would be
about $1.3 billion over the 2004-2008 period and about $2.7
billion over the 2004-2013 period.
TABLE 2.--SUMMARY OF EFFECTS ON DIRECT SPENDING AND REVENUES UNDER H.R. 2115
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated budget authority...... 21 188 596 1,097 1,362 1,154 975 866 757 708
Estimated outlays............... -1 -35 175 475 741 532 353 244 135 86
CHANGES IN REVENUES
Estimated budget authority...... 1 1 1 1 1 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
Currently, the FAA collects premiums from air carriers in
exchange for certain insurance coverage. Under the bill, the
government also would collect premiums from aircraft and
aircraft engine manufacturers. Such premiums are recorded as an
offset to direct spending in the year that they are collected.
CBO estimates that under H.R. 2115, the FAA would collect about
$500 million in additional premiums over the 2004-2008 period.
CBO expects that the cost of providing insurance, however,
would be much greater than premiums collected. CBO estimates
that payments for expected net losses under the FAA insurance
program would cost about $3.2 billion over the 2004-2013
period.
CBO cannot predict how much insured damage terrorists might
cause in any specific year. Instead, our estimate of the cost
of the insurance coverage under H.R. 2115 represents an
expected value of payments from the program--a weighted average
that reflects the probabilities 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 just
offset the risk of providing this insurance; indeed, our
estimate of the expected cost for H.R. 2115 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 CBO's 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.
Airport Improvement Program. H.R. 2115 would provide $14.8
billion in contract authority over the 2004-2006 period for the
airport improvement program. Consistent with the Balanced
Budget and Emergency Deficit Control Act, we estimate that the
projected total amount of contract authority would be $18.8
billion over the 2004-2008 period and$38.8 billion over the
2004-2013 period. Those totals are about $1.9 billion and $5 billion,
respectively, above the amounts projected in the CBO baseline. The bill
also would extend the authority of the Secretary of Transportation to
incur obligations to make grants under the AIP program.
Under current law, AIP has about $3.4 billion of contract
authority available in 2003. Relative to the baseline, enacting
title I would increase contract authority by $22 million in
fiscal year 2004 and by a total of $1.3 billion over the 2004-
2007 period. As noted above, although H.R. 2115 specifies
contract authority only through 2007, section 257 of the
Balanced Budget and Emergency Deficit Control Act requires CBO
to assume that contract authority for AIP would continue (for
baseline purposes) through the entire 2004-2013 period. Under
that requirement, the estimated level of contract authority
would remain at $4 billion a year over the 2008-2013 period.
That amount would exceed the amount assumed in the current
baseline for those years by $622 million a year. Hence, CBO
estimated H.R. 2115 would increase contract authority--above
baseline levels--by $3.7 billion over the 2008-2013 period.
Expenditures from AIP contract authority are governed by
obligation limitations contained in annual appropriation acts
and are categorized as discretionary spending. For this
estimate, we assume that appropriation acts will set obligation
limitations for AIP equal to the annual levels of contract
authority.
Current law provides for increases to AIP contract
authority in any year that the amounts authorized to be
appropriated for FAA's facilities and equipment account are
greater than the amounts actually provided in appropriation
acts for that program. By authorizing amounts for facilities
and equipment over the 2004-2006 period, H.R. 2115 would
authorize adjustments to AIP contract authority for those years
as well. Any adjustment would constitute new direct spending
authority, and all spending for AIP--including spending
triggered by such adjustments--would still be subject to
obligation limitations established in appropriation acts.
Although H.R. 2115 could result in additional AIP contract
authority of as much as $12.1 billion over the 2004-2007 period
if no appropriations were provided for facilities and
equipment, CBO assumes that appropriations will equal or exceed
authorized amounts; thus, we assume no increases to contract
authority would be made under this provision.
Retirement Benefits for Certain FAA Employees. Section 439
would provide some supervisors of air traffic controllers more
generous retirement benefits than they receive under current
law. It would also make some covered workers eligible to
collect retirement benefits earlier than they otherwise would
be. There are about 2,500 air traffic controller supervisors
currently employed by the Federal Aviation Administration and
the Department of Defense, and about 150 retire each year. CBO
estimates this section would increase costs in two ways: it
would increase spending because some workers would retire
earlier than they otherwise would have, and it would increase
annuities for some employees, regardless of when they retire.
CBO estimates that the cost of retirement benefits would
increase by $1 million in 2004 and by $27 million over the next
10 years. Spending on retire health benefits would also
increase, but by less than $500,000 annually.
Funding for Midway Island Airport. Section 524 would
provide $750,000 in 2004, $2.5 million in 2005, and $1 million
in each of 2006 and 2007 for capital projects at the Midway
Island Airport. Based on historical spending patterns for such
projects, CBO estimates this provision would cost about $5
million over the 2004-2008 period.
Revenues
H.R. 2115 would increase amounts collected from certain
federal employees as contributions toward retirement benefits.
Those collections are recorded in the budget as revenues. The
bill also would result in forgone revenues as a result of an
expected increase in the use of tax-exempt financing for
airport project. CBO and JCT estimate that the net impact of
those provisions would be to increase revenues by $3 million
over the 2004-2008 period and $11 million over the next 10
years.
Increased Employee Contributions for Retirement Benefits.
Section 439 would provide an increase in retirement benefits
for some air traffic controller supervisors. Under the bill,
employees participating in FERS would be required to contribute
a greater portion of their salary toward the increased
benefits. CBO estimates that raising the contribution rate on
those employees would increase federal revenues by $1 million
in 2004 and $5 million over the 2004-2008 period. In order to
quality for the increased benefits for service already
performed as a supervisor, currently employed supervisors
participating in FERS would be required to deposit a special
payment to the retirement fund by the time they retire. This
payment would be designed to make up the difference between
what they did contribute into the retirement system prior to
the bill's enactment and what they would have contributed if
that service has been covered all along. CBO estimates that
implementing this provision would increase revenues by less
than $500,000 annually.
Forgone Revenues from Increased Use of Tax-Exempt
Financing. By simplifying application procedures, H.R. 2115
could encourage more smaller airports to seek authority from
the Secretary of Transportation to charge passenger facility
fees. JCR expects that those provisions would result in an
increase in tax-exempt financing for airport constructionand a
subsequent loss of federal revenue. JCT estimates that the revenue
losses, which would not exceed $500,000 in any year, would total $2
million over the 2004-2008 period and $4 million over the 2004-2013
period (see Table 2).
Estimated impact on state, local, and tribal governments:
H.R. 2115 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act because it would require state
and local governments to notify the FAA if they intend to close
an airport. CBO estimates that the cost of this mandate would
be minimal and would be significantly below the threshold
established in that act ($59 million in 2003, adjusted annually
for inflation).
Enacting this bill would benefit state and local
governments because it would authorize grants to airports for
planning, development, mitigation, and other initiatives. In
addition, they would benefit from provisions that would
authorize nonhub airports to use passenger facility fees to
fund FAA-approved projects and prohibit the FAA from requiring
airports to provide space and related services at no cost. Any
costs incurred by state and local governments as a result of
grant requirements in this bill would be voluntary.
Estimated impact on the private sector: H.R. 2115 would
impose private-sector mandates as defined in UMRA on air
carriers. CBO estimates that the direct costs of those mandates
would fall below the annual threshold established in UMRA ($117
million in 2003, adjusted annually for inflation) in the first
five years the mandates are in effect.
H.R. 2115 would impose mandates by increasing the cost of
two existing mandates. First, section 401 would require that
air carriers provide certain flight information on interstate
transportation to the Department of Transportation. The mandate
would be effective on the date the first rule is issued to
modernize the Origin and Destination Survey of Airline
Passenger Traffic. In general, this rule would reduce the
reporting burden for air carriers by allowing them to file
information electronically with DOT. According to industry
representatives, air carriers currently collect the flight
information data. CBO estimates that the cost to comply with
the mandate would be minimal.
Second, section 411 would require that certain domestic and
foreign air carriers update their current plans that address
the needs of the families of passengers involved in an aircraft
accident resulting in a major loss. The updated plan must
include an assurance that in the case of an accident in which
the National Transportation Safety Board (NTSB) conducts a
public hearing at a location greater than 80 miles from the
accident site, the air carrier will ensure that the proceeding
is made available simultaneously by electronic means at a
location open to the public at both the origin city and
destination city of the air carrier's flight.
Since 1997, the NTSB has held no more than three hearings
per year for accidents involving passenger air service. Most of
those were held in Washington, D.C., away from the accident
site. Typically, such hearings lasted two or three days.
According to industry representatives, in order to comply with
this mandate, air carriers would be required to obtain sites in
two cities, provide screens at those sites, and supply the
audio and visual feed of the NTSB hearing. Based on this
information, CBO expects that the cost of making the hearings
available would be small.
Section 437 would extend the current requirement that air
carriers honor other air carriers' tickets under certain
circumstances as a result of an air carrier's bankruptcy or
insolvency. Because the likelihood of an event resulting in
large incremental losses to the airline industry for providing
air transportation to passengers ticketed on a suspended route
is relatively low, CBO estimates that the annual costs of
complying with this mandate (in expected-value terms) would not
be substantial.
The bill also contains three mandates that would impose new
requirements on air carriers. First, section 413 would require
air carriers that provide scheduled passenger air
transportation to display a placard available to each passenger
that informs the passengers of the country in which the
aircraft was finally assembled. Based on information from
government sources, CBO estimates that air carriers would have
to provide placards for about a million seats. The cost to
provide the required notice on such placards would be small.
Second, section 407 would require that air carriers that
collect a passenger facility fee for airports to place the fees
in an escrow account or to provide the airport with a letter of
credit, bond, or other form of adequate and immediately
available security in an amount equal to the estimated
remittable passenger facility fees for 180 days. CBO is
uncertain about the cost to comply with this mandate but it is
likely that the cost would not be substantial.
Third, section 423 would require air carriers to verify
that a flight attendant has a certificate that demonstrates
proficiency issued by the FAA. CBO estimates that the
administrative cost to comply with this mandate would be
minimal.
Previous CBO estimate: On May 22, 2003, CBO transmitted a
cost estimate for S. 824, the Aviation Investment and
Revitalization Vision Act, as reported by the Senate Committee
on Commerce, Science, and Transportation on May 2, 2003. Our
estimate of spending subject to appropriation under H.R. 2115
is about $14 billion higher than under S. 824 because H.R. 2115
would authorize more funding over the next five years--$48.7
billion compared to $34.2 billion authorized under S. 824.
Our estimate of direct spending over the next 10 years
under H.R. 2115 is about $1 billion more than under S. 824,
primarily because H.R. 2115 would allow the FAA to sell
terrorism insurance a longer period of time, and we estimate
that extending that program would cost $1 billion more under
H.R. 2115.
There are two reasons for differences in our estimates of
revenues under H.R. 2115 and S. 824. First, H.R. 2115 would
increase revenues received as employee contributions toward
retirement benefits; S. 824 has no such provision. Second,
while JCT estimates that both bills would reduce revenues
because of greater use of tax-exempt financing for airport
projects, JCT estimates those losses would be less under H.R.
2115 because provisions that would encourage such financing
would be in effect for a shorter time than under S. 824.
Estimate prepared by: Federal spending: Mark Hadley, Megan
Carroll, and Geoffrey Gerhardt--for retirement costs; federal
revenues: Andrew Shaw; impact on state, local, and tribal
governments: Gregory Waring; impact on the private sector: Jean
Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 2115 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Committee Correspondence
House of Representatives,
Committee on Science,
Washington, DC, June 6, 2003.
Hon. Don Young,
Chairman, House Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Chairman Young: I have reviewed H.R. 2115, Flight
100--Century of Aviation Reauthorization Act. The bill
authorizes research and development (R&D) programs that fall
within the jurisdiction of the Committee on Science.
In deference to your desire to bring this legislation
before the House in an expeditious manner, I will not exercise
this Committee's right to consider H.R. 2115--provided that
your Committee acknowledges the jurisdiction of the Committee
on Science over R&D programs regardless of the account from
which they are funded. Further, the Committee on Science
reserves its right to seek conferees on any provisions that are
within this Committee's jurisdiction during any House-Senate
conference that may be convened on this legislation and a
corresponding Senate bill.
Specifically, the Committee on Science has jurisdiction
over portions of section 102. That section authorizes, among
other things, R&D programs within the Facilities & Equipment
Account. This includes programs that the Committee on
Appropriations transferred to the Facilities & Equipment
Account in 1999. The Committee retains its right to such
conferees on other portions of this bill related to R&D.
I request that you include this letter as part of the
Congressional Record during consideration of the legislation on
the House floor.
Sincerely,
Sherwood Boehlert,
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, June 6, 2003.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning
H.R. 2115, the Flight 100--Century of Aviation Reauthorization
Act. I appreciate your offer to waive consideration of the
bill.
Traditionally, the Transportation Committee has authorized
the equipment deployment functions from the Federal Aviation
Administration Facilities and Equipment (F&E) account. I
recognize that in certain years functions under the
jurisdiction of the Science Committee were moved from the FAA
Research, Engineering and Development (RED) account to the F&E
account through the annual appropriations process. While I
believe that these unauthorized appropriations do not have any
bearing on committee jurisdiction, I prefer that the
Appropriations Committee adhere to the authorizing language and
refrain from moving functions from the RED account to the F&E
account in order to benefit from a slower spend-out rate. For
example, I would prefer that the Advanced Technology
Development and Prototyping program remain in the RED account.
Historically, the Science Committee has had oversight and
authorization responsibility over the RED account while the
Transportation Committee has had exclusive jurisdiction over
the F&E account. I believe that continuing this practice is the
best way to preserve the jurisdiction of both committees.
I thank you for your attention to this matter and look
forward to working with you and your staff. As you request, a
copy of your letter and my response will be placed in the
Record.
Sincerely,
Don Young,
Chairman.
------
House of Representatives,
Committee on Resources,
Washington, DC, June 4, 2003.
Hon. Don Young.
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: I have reviewed the text of H.R. 2115,
Flight 100-Century of Aviation Reauthorization Act, as ordered
reported from the Committee on Transportation and
Infrastructure on May 21, 2003. The Committee on Resources has
a jurisdictional interest in Section 408, Overflights of
National Parks.
Recognizing your wish that this critical bill be considered
by the House of Representatives as soon as possible, and noting
the continued strong spirit of cooperation between our
Committees, I will forego seeking a sequential referral of H.R.
2115 for the Committee on Resources. However, waiving the
Committee on Resources' right to a referral in this case does
not waive the Committee's jurisdiction over any provision in
H.R. 2115 or similar provisions in other bills. In addition, I
ask that you support my request to have the Committee on
Resources represented on the conference on this bill, if a
conference is necessary. Finally, I ask that you include this
letter in the Committee on Transportation and Infrastructure's
bill report.
I appreciate your leadership and cooperation on this bill
and I look forward to working with you to see that H.R. 2115 is
enacted into law soon.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, June 4, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of June 4,
2003, regarding H.R. 2115, the Flight 100--Century of Aviation
Act, and for your willingness to waive consideration of the
provision in the bill that falls within your Committee's
jurisdiction under House Rules.
I agree that your waiving consideration of this provision
of H.R. 2115 does not waive your Committee's jurisdiction over
the bill. I also acknowledge your right to seek conferees on
any provisions that are under your Committee's jurisdiction
during any House-Senate conference on H.R. 2115 or similar
legislation, and will support your request for conferees on
such provisions.
As you request, you letter and this response will be
included in the Committee report on the legislation.
Thank you for your cooperation in moving this important
legislation to the House Floor.
Sincerely,
Don Young,
Chairman.
------
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 6, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Rayburn House Office Building, Washington, DC.
Dear Chairman Young: I am writing with regard to H.R. 2115,
the flight 100--Century of Aviation Reauthorization Act, which
was ordered reported by the Committee on Transportation and
Infrastructure on May 21, 2003.
I recognize your desire to bring this legislation before
the House in an expeditious manner. Accordingly, I will not
exercise my Committee's right to a referral. By agreeing to
waive its consideration of the bill, however, the Energy and
Commerce Committee does not waive its jurisdiction over H.R.
2115. In addition, the Energy and Commerce Committee reserves
its right to seek conferees on any provisions of the bill that
are within its jurisdiction during any House-Senate conference
that may be convened on this legislation. I ask for your
commitment to support any request by the Energy and Commerce
Committee for conferees on H.R. 2115 or similar legislation.
I request that you include this letter as part of the
Committee's Report on H.R. 2115 and in the Record during
consideration of the legislation on the House floor. Thank you
for your attention to these matters.
Sincerely,
W.J. ``Bill'' Tauzin
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, June 6, 2003.
Hon. W. J. (Billy) Tauzin,
Chairman, Committee on Energy and Commerce, Rayburn Building,
Washington, DC.
Dear Chairman: Thank you for your letter of June 6, 2003
regarding H.R. 2115, the Flight 100--Century of Aviation Act,
and for your willingness to waive consideration of provisions
in the bill that falls within your Committee's jurisdiction
under House Rules.
I agree that your waiving consideration of these provisions
of H.R. 2115 does not waive your Committee's jurisdiction over
the bill. I also acknowledge your right to seek conferees on
any provisions that are under your Committee's jurisdiction
during any House-Senate conference on H.R. 2115 or similar
legislation, and will support your request for conferees on
such provisions.
As you request, your letter and this response will be
included in the Committee report on the legislation and in the
Congressional Record.
Thank you for your cooperation in moving this important
legislation to the House floor.
Sincerely,
Don Young,
Chairman.
------
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 106. Federal Aviation Administration
(a) * * *
* * * * * * *
(f) Authority of the Secretary and the Administrator.--
(1) * * *
(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) * * *
(ii) the acquisition and maintenance
of property, services, and equipment of
the Administration;
* * * * * * *
[(k) Authorization of Appropriations for Operations.--
[(1) In general.--There is authorized to be
appropriated to the Secretary of Transportation for
operations of the Administration--
[(A) such sums as may be necessary for fiscal
year 2000;
[(B) $6,592,235,000 for fiscal year 2001;
[(C) $6,886,000,000 for fiscal year 2002; and
[(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
[(2) Authorized expenditures.--Out of amounts
appropriated under paragraph (1), the following
expenditures are authorized:
[(A) $450,000 for each of fiscal years 2000
through 2003 for wildlife hazard mitigation
measures and management of the wildlife strike
database of the Federal Aviation
Administration.
[(B) $9,100,000 for the 3-fiscal-year period
beginning with fiscal year 2001 to support a
university consortium established to provide an
air safety and security management certificate
program, working cooperatively with the Federal
Aviation Administration and United States air
carriers, except that funds under this
subparagraph--
[(i) may not be used for the
construction of a building or other
facility; and
[(ii) may only be awarded on the
basis of open competition.
[(C) Such sums as may be necessary for fiscal
years 2000 through 2003 to support
infrastructure systems development for both
general aviation and the vertical flight
industry.
[(D) Such sums as may be necessary for fiscal
years 2000 through 2003 to establish helicopter
approach procedures using current technologies
(such as the Global Positioning System) to
support all-weather, emergency medical service
for trauma patients.
[(E) Such sums as may be necessary for fiscal
years 2000 through 2003 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.
[(F) $3,300,000 for fiscal year 2000 and
$3,000,000 for each of fiscal years 2001
through 2003 to implement the 1998 airport
surface operations safety action plan of the
Federal Aviation Administration.
[(G) $9,100,000 for fiscal year 2001 to
support air safety efforts through payment of
United States membership obligations in the
International Civil Aviation Organization, to
be paid as soon as practicable.
[(H) Such sums as may be necessary for fiscal
years 2000 through 2003 for the Secretary to
hire additional inspectors in order to enhance
air cargo security programs.
[(I) Such sums as may be necessary for fiscal
years 2000 through 2003 to develop and improve
training programs (including model training
programs and curriculum) for security screening
personnel at airports that will be used by
airlines to meet regulatory requirements
relating to the training and testing of such
personnel.]
(k) Authorization of Appropriations.--
(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; and
(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(2) Operation of center for management and
development.--Out of amounts appropriated under
paragraph (1), such sums as may be necessary may be
expended by the Center for Management Development of
the Federal Aviation Administration to operate at least
200 courses each year and to support associated student
travel for both residential and field courses.
(3) Air traffic management system.--Out of amounts
appropriated under paragraph (1), such sums as may be
necessary may be expended by the Federal Aviation
Administration for the establishment and operation of a
new office to develop, in coordination with the
Department of Defense, the National Aeronautics and
Space Administration, and the Department of Homeland
Security, the next generation air traffic management
system and a transition plan for the implementation of
that system. The office shall be known as the ``Next
Generation Air Transportation System Joint Program
Office''.
(4) Helicopter and tiltrotor procedures.--Out of
amounts appropriated under paragraph (1), such sums as
may be necessary may be expended by the Federal
Aviation Administration for the establishment of
helicopter and tiltrotor approach and departure
procedures using advanced technologies, such as the
Global Positioning System and automatic dependent
surveillance, to permit operations in adverse weather
conditions to meet the needs of air ambulance services.
(5) Additional air traffic controllers.--Out of
amounts appropriated under paragraph (1), such sums as
may be necessary may be expended to hire additional air
traffic controllers in order to meet increasing air
traffic demands and to address the anticipated increase
in the retirement of experienced air traffic
controllers.
(6) Completion of alaska aviation safety project.--
Out of amounts appropriated under paragraph (1),
$6,000,000 may be expended for the completion of the
Alaska aviation safety project with respect to the 3
dimensional mapping of Alaska's main aviation
corridors.
(7) Aviation safety reporting system.--Out of amounts
appropriated under paragraph (1), $3,400,000 may be
expended on the Aviation Safety Reporting System.
* * * * * * *
(p) Management Advisory Council and Air Traffic Services
Board.--
(1) * * *
(2) Membership.--The Council shall [consist of 18
members, who] consist of 13 members, who shall consist
of--
(A) * * *
* * * * * * *
(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--
[(i) in the case of initial
appointments to the Council, the
President by and with the advice and
consent of the Senate; and
[(ii) in the case of subsequent
appointments to the Council, the
Secretary of Transportation; and
[(E) 5 members appointed by the Secretary
after consultation with the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate.] employees, by the Secretary of
Transportation.
(3) Qualifications.--
[(A) No federal officer or employee.--]No
member appointed under paragraph (2)(C) [or
(2)(E)] or to the Air Traffic Services Board
may serve as an officer or employee of the
United States Government while serving as a
member of the Council.
[(B) Air traffic services subcommittee.--
Members appointed under paragraph (2)(E)
shall--
[(i) have a fiduciary responsibility
to represent the public interest;
[(ii) be citizens of the United
States; and
[(iii) 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:
[(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.
At least one of such members should have a
background in managing large organizations
successfully. In the aggregate, such members
should collectively bring to bear expertise in
all of the areas described in subclauses (I)
through (VI).
[(C) Prohibitions on members of
subcommittee.--No member appointed under
paragraph (2)(E) 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.]
(4) Functions.--
(A) * * *
* * * * * * *
(C) Access to documents and staff.--The
Administration may give the Council or Air
Traffic Services 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
(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 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.) does not
apply to the Council, the Air Traffic Services Board,
or such aviation rulemaking committees as the
Administrator shall designate.
(6) Administrative matters.--
(A) * * *
* * * * * * *
(C) Terms for air traffic services
[subcommittee] board members.--The [member]
members appointed [under paragraph (2)(E)] to
the Air Traffic Services Board shall be
appointed for a term of 5 years, except that
[of the members first appointed under paragraph
(2)(E)--
[(i) 2 members shall be appointed for
a term of 3 years;
[(ii) 2 members shall be appointed
for a term of 4 years; and
[(iii) 1 member shall be appointed
for a term of 5 years.] the first
members of the Board shall be the
members of the Air Traffic Services
Subcommittee of the Council on the day
before the date of enactment of the
Flight 100--Century of Aviation
Reauthorization Act who shall serve as
members of the Board until their
respective terms as members of the
Subcommittee would have ended under
this subparagraph, as in effect on such
day.
(D) Reappointment.--An individual may not be
appointed [under paragraph (2)(E)] to the Board
to more than two 5-year terms.
(E) Vacancy.--Any vacancy on the Council or
Board 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 Board 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
[Council appointed under paragraph (2)(E)]
Board may be removed for cause by the
Secretary.
(H) Claims against members of [subcommittee]
board.--
(i) In general.--A member appointed
[under paragraph (2)(E)] to the Board
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
[Air Traffic Services Subcommittee]
Board.
* * * * * * *
(I) Ethical considerations.--
(i) Financial disclosure.--During the
entire period that an individual
[appointed under paragraph (2)(E) is]
is serving as a member of the
[Subcommittee] Board, 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
[appointed under paragraph (2)(E)] who
is a member of the Board 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 [Subcommittee]
Board; except that subsections
(c)(2)(B) and (f) of section 207 of
such title shall not apply.
* * * * * * *
(K) Travel and per diem.--Each member of the
Council or 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.
(L) Detail of personnel from the
administration.--The Administrator shall make
available to the Council or Board such staff,
information, and administrative services and
assistance as may reasonably be required to
enable the Council or Board to carry out its
responsibilities under this subsection.
(7) Air traffic services [subcommittee] board.--
[(A) In general.--The Management Advisory
Council shall have an air traffic services
subcommittee (in this paragraph referred to as
the ``Subcommittee'') composed of the five
members appointed under paragraph (2)(E).]
(A) Establishment.--The Administrator shall
establish a board 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
Flight 100--Century of Aviation Reauthorization
Act, into such board. The board shall be known
as the Air Traffic Services Board (in this
subsection referred to as the ``Board'').
(B) Membership and qualifications.--Subject
to paragraph (6)(C), the Board shall consist of
5 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 board.--No
member of the Board 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.
[(B)] (D) General responsibilities.--
(i) Oversight.--The [Subcommittee]
Board shall oversee the administration,
management, conduct, direction, and
supervision of the air traffic control
system.
(ii) Confidentiality.--The
[Subcommittee] Board shall ensure that
appropriate confidentiality is
maintained in the exercise of its
duties.
[(C)] (E) Specific responsibilities.--The
[Subcommittee] Board shall have the following
specific responsibilities:
(i) * * *
* * * * * * *
(v) Budget.--To--
(I) review and [approve] make
recommendations on the budget
request of the Administration
related to the air traffic
control system prepared by the
Administrator;
(II) submit such budget
[request] recommendations to
the Secretary; and
(III) [ensure that the budget
request supports] base such
budget recommendations on the
annual and long-range strategic
plans.
[The Secretary shall submit the budget request
referred to in clause (v)(II) for any fiscal
year to the President who shall transmit such
request, without revision, to the Committees on
Transportation and Infrastructure and
Appropriations of the House of Representatives
and the Committees on Commerce, Science, and
Transportation and Appropriations of the
Senate, together with the President's annual
budget request for the Federal Aviation
Administration for such fiscal year.] The
Secretary shall submit the budget
recommendations referred to in clause (v) to
the President who shall transmit such
recommendations to the Committee on
Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Appropriations of the Senate together with
the annual budget request of the Federal
Aviation Administration.
[(D) Subcommittee personnel matters.--
[(i) Compensation of members.--Each
member of the Subcommittee shall be
compensated at a rate of $25,000 per
year.
[(ii) Compensation of chairperson.--
Notwithstanding clause (i), the
chairperson of the Subcommittee shall
be compensated at a rate of $40,000 per
year.
[(iii) Staff.--The chairperson of the
Subcommittee may appoint and terminate
any personnel that may be necessary to
enable the Subcommittee to perform its
duties.
[(iv) Procurement of temporary and
intermittent services.--The chairperson
of the Subcommittee may procure
temporary and intermittent services
under section 3109(b) of title 5,
United States Code.]
(F) Board personnel matters.--The Board may
appoint and terminate any personnel that may be
necessary to enable the Board to perform its
duties, and may procure temporary and
intermittent services under section 40122.
[(E)] (G) Administrative matters.--
[(i) Term of chair.--The members of
the Subcommittee shall elect for a 2-
year term a chairperson from among the
members of the Subcommittee.]
[(ii)] (i) Powers of chair.--Except
as otherwise provided by a majority
vote of the [Subcommittee] Board, the
powers of the chairperson shall
include--
(I) * * *
* * * * * * *
[(iii)] (ii) Meetings.--The
[Subcommittee] Board shall meet at
least quarterly and at such other times
as the chairperson determines
appropriate.
[(iv)] (iii) Quorum.--Three members
of the [Subcommittee] Board shall
constitute a quorum. A majority of
members present and voting shall be
required for the Subcommittee to take
action.
[(F)] (H) Reports.--
(i) Annual.--The [Subcommittee] Board
shall each year report with respect to
the conduct of its responsibilities
under this title to the [Administrator,
the Council] 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 [Subcommittee]
Board under subparagraph [(B)(i)]
(D)(i) that the organization and
operation of the air traffic control
system are not allowing the
Administration to carry out its
mission, the [Subcommittee] Board shall
report such determination to the
[Administrator, the Council] 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
[Subcommittee] Board under this
subparagraph, the Administrator shall
take action with respect to such
report. If the Administrator overturns
a recommendation of the [Subcommittee]
Board, 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 [Subcommittee]
Board in improving the performance of
the air traffic control system.
(I) Authorization.--There are authorized to
be appropriated to the Board such sums as may
be necessary for the Board to carry out its
activities.
* * * * * * *
(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
Subcommittee of the Aviation Management
Advisory Council] Air Traffic Services Board.
The Chief Operating Officer shall report
directly to the Administrator and shall be
subject to the authority of the Administrator.
* * * * * * *
(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
Subcommittee of the Aviation Management
Advisory Council] Air Traffic Services Board.
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 Control Subcommittee of the Aviation
Management Advisory Committee] Air Traffic Services
Board, 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 and Congress] 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 [develop a]
implement the strategic plan of the
Administration for the air traffic control
system[, including the establishment of] in
order to further--
(i) * * *
* * * * * * *
(B) Operations.--To [review the operational
functions of the Administration,] oversee the
day-to-day operational functions of the
Administration for air traffic control,
including--
(i) * * *
(ii) increasing productivity or
implementing cost-saving measures;
[and]
(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 [prepared by the
Administrator];
(ii) submit such budget request to
the Administrator [and the Secretary of
Transportation] and the Board; and
(iii) ensure that the budget request
supports the agency's annual and long-
range strategic plans [developed under
subparagraph (A) of this subsection.]
for air traffic control services.
(s) Small Business Ombudsman.--
(1) Establishment.--There shall be in the
Administration a Small Business Ombudsman.
(2) General duties and responsibilities.--The
Ombudsman shall--
(A) be appointed by the Administrator;
(B) serve as a liaison with small businesses
in the aviation industry;
(C) be consulted when the Administrator
proposes regulations that may affect small
businesses in the aviation industry;
(D) provide assistance to small businesses in
resolving disputes with the Administration; and
(E) report directly to the Administrator.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
* * * * * * *
SUBCHAPTER II--ADMINISTRATIVE
* * * * * * *
Sec. 329. Transportation information
(a) * * *
(b) The Secretary shall--
(1) collect and disseminate information on civil
aeronautics (other than that collected and disseminated
by the National Transportation Safety Board under
chapter 11 of this title) including at a minimum,
information on (A) the origin and destination of
passengers in interstate air transportation (as that
term is used in part A of subtitle VII of this title),
and (B) the number of passengers traveling by air
between any two points in interstate air
transportation; [except that in no case shall the
Secretary require an air carrier to provide information
on the number of passengers or the amount of cargo on a
specific flight if the flight and the flight number
under which such flight operates are used solely for
interstate air transportation and are not used for
providing essential air transportation under subchapter
II of chapter 417 of this title;]
* * * * * * *
(e) Incidents and Complaints Involving Passenger and Baggage
Security Screening.--
(1) Publication of data.--The Secretary of
Transportation shall publish data on incidents and
complaints involving passenger and baggage security
screening in a manner comparable to other consumer
complaint and incident data.
(2) Monthly reports from secretary of homeland
security.--To assist the Secretary of Transportation in
the publication of data under paragraph (1), the
Secretary of Homeland Security shall submit monthly to
the Secretary of Transportation a report on the number
of complaints about security screening received by the
Secretary of Homeland Security.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
SUBPART I--GENERAL
CHAPTER 401--GENERAL PROVISIONS
Sec.
40101. Policy.
* * * * * * *
40129. Collaborative decisionmaking pilot program.
* * * * * * *
Sec. 40102. Definitions
(a) General Definitions.--In this part--
(1) * * *
* * * * * * *
(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.
[(29)] (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.
[(30)] (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.
[(31)] (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.
[(32)] (35) ``operate aircraft'' and ``operation of
aircraft'' mean using aircraft for the purposes of air
navigation, including--
(A) * * *
* * * * * * *
(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.
[(33)] (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.
[(34)] (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).
[(35)] (39) ``price'' means a rate, fare, or charge.
[(36)] (40) ``propeller'' includes a part,
appurtenance, and accessory of a propeller.
[(37)] (41) ``public aircraft'' means any of the
following:
(A) * * *
* * * * * * *
(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.
[(38)] (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.
[(39)] (44) ``State authority'' means an authority of
a State designated under State law--
(A) * * *
* * * * * * *
[(40)] (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.
[(41)] (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.
[(42)] (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) * * *
* * * * * * *
Sec. 40104. Promotion of civil aeronautics and safety of air commerce
(a) * * *
* * * * * * *
(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator
shall take action to encourage the construction of airport
capacity enhancement projects at congested airports as those
terms are defined in section 47178.
* * * * * * *
Sec. 40110. General procurement authority
(a) * * *
* * * * * * *
(c) Duties and Powers.--When carrying out subsection (a) of
this section, the Administrator of the Federal Aviation
[Administration--
[(1) is the senior procurement executive referred to
in section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)) for approving the
justification for using procedures other than
competitive procedures, as required under section
303(f)(1)(B)(iii) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)(B)(iii)); and
[(2) may--] Administration may--
[(A)] (1) notwithstanding section 1341(a)(1) of title
31, lease an interest in property for not more than 20
years;
[(B)] (2) consider the reasonable probable future use
of the underlying land in making an award for a
condemnation of an interest in airspace;
[(C)] (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;
[(D) use procedures other than competitive
procedures, as provided under section 303(c) of
the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(c));]
[(E)] (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
[(F)] (5) 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[, not later
than January 1, 1996,] an acquisition management system
for the Administration that addresses the unique needs
of the agency and, at a minimum, [provides for more
timely and cost-effective acquisitions of equipment and
materials.] 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.
* * * * * * *
[(4) Effective date.--This subsection shall take
effect on April 1, 1996.]
(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.
* * * * * * *
Sec. 40117. Passenger facility fees
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(3) Eligible airport-related project.--The term
``eligible airport-related project'' means any of the
following projects:
(A) * * *
* * * * * * *
(C) [for costs] A project 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[;].
* * * * * * *
(G) A project for the acquisition or
conversion of ground support equipment or
airport-owned vehicles used at a commercial
service airport with, or to, low-emission
technology (as defined in section 47102) or
cleaner burning conventional fuels, or the
retrofitting of such equipment or vehicles that
are powered by a diesel or gasoline engine with
emission control technologies certified or
verified by the Environmental Protection Agency
to reduce emissions, 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 47138.
(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.
[(4)] (5) Passenger facility fee.--The term
``passenger facility fee'' means a fee imposed under
this section.
[(5)] (6) Passenger facility revenue.--The term
``passenger facility revenue'' means revenue derived
from a passenger facility fee.
(b) General Authority.--(1) * * *
* * * * * * *
(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by
imposition of a passenger facility fee under this
section for a project described in subsection (a)(3)(G)
with respect to 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.
(c) Applications.--(1) * * *
(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) * * *
* * * * * * *
(E) The agency will 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 who may be affected, which 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 Web
site.
(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).
[(3)] (4) After receiving an application, the Secretary
[shall] 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.
* * * * * * *
(e) Limitations on Imposing Fees.--(1) * * *
(2) A passenger facility fee may not be collected from a
passenger--
(A) * * *
* * * * * * *
(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; [and]
(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.
* * * * * * *
(l) Pilot Program for Passenger Facility Fee 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. An eligible agency may
impose in accordance with the provisions of this
subsection a passenger facility fee 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) 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 under this subsection. This
shall include--
(A) information that the Secretary may
require by regulation on each project for which
authority to impose a passenger facility fee is
sought;
(B) the amount of revenue from passenger
facility fees that is proposed to be collected
for each project; and
(C) the level of the passenger facility fee
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 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.--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 in accordance with the
terms of its notice under this subsection.
(6) Deadline.--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 not be in effect 3
years after the date of issuance of regulations to
carry out this subsection.
(8) Acknowledgement not an order.--An acknowledgement
issued under paragraph (4) shall not be considered an
order of the Secretary issued under section 46110.
(m) Financial Management of Fees.--
(1) Handling of fees.--
(A) Placement of fees in escrow account.--
Subject to subparagraph (B), passenger facility
revenue held by an air carrier or any of its
agents shall be segregated from the carrier's
cash and other assets and placed in an escrow
account for the benefit of the eligible
agencies entitled to such revenue.
(B) Alternative method of compliance.--
Instead of placing amounts in an escrow account
under subparagraph (A), an air carrier may
provide to the eligible agency a letter of
credit, bond, or other form of adequate and
immediately available security in an amount
equal to estimated remittable passenger
facility fees for 180 days, to be assessed
against later audit, upon which security the
eligible agency shall be entitled to draw
automatically, without necessity of any further
legal or judicial action to effectuate
foreclosure.
(2) Trust fund status.--If an air carrier or its
agent commingles 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.--An 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.--An 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.--An air carrier that
collects passenger facility fees is entitled to receive
the interest on passenger facility fee accounts, if the
accounts are established and maintained in compliance
with this subsection.
Sec. 40118. Government-financed air transportation
(a) * * *
* * * * * * *
(f) Prohibition of Certification or Contract Clause.--(1) *
* *
(2) In paragraph (1), the term ``commercial item'' has the
meaning given such term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)), except that
it shall not include a contract for the transportation by air
of passengers.
* * * * * * *
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.
* * * * * * *
(b) Air Tour Management Plans.--
(1) * * *
* * * * * * *
(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 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 [at the park]
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
* * * * * * *
(c) Interim Operating Authority.--
(1) * * *
(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
* * * * * * *
(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;
* * * * * * *
(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.
* * * * * * *
(4) Commercial air tour operation over a national
park.--
(A) In general.--The term ``[commercial air
tour operation] 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, or over tribal lands,] 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) * * *
* * * * * * *
(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) * * *
* * * * * * *
Sec. 40129. Collaborative decisionmaking pilot program
(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall establish a collaborative
decisionmaking pilot program in accordance with this section.
(b) Duration.--Except as provided in subsection (k), the
pilot program shall be in effect for a period of 2 years.
(c) Guidelines.--
(1) Issuance.--The Administrator shall issue
guidelines concerning the pilot program. Such
guidelines, at a minimum, shall define the criteria and
process for determining when a capacity reduction event
exists that warrants the use of collaborative
decisionmaking among carriers at airports participating
in the pilot program and that prescribe the methods of
communication to be implemented among carriers during
such an event.
(2) Views.--The Administrator may obtain the views of
interested parties in issuing the guidelines.
(d) Effect of Determination of Existence of Capacity
Reduction Event.--Upon a determination by the Administrator
that a capacity reduction event exists, the Administrator may
authorize air carriers and foreign air carriers operating at an
airport participating in the pilot program to communicate for a
period of time not to exceed 24 hours with each other
concerning changes in their respective flight schedules in
order to use air traffic capacity most effectively. The
Administration shall facilitate and monitor such communication.
(e) Selection of Participating Airports.--Not later than 30
days after the date on which the Administrator establishes the
pilot program, the Administrator shall select 3 airports to
participate in the pilot program from among the most capacity-
constrained airports in the country based on the
Administration's Airport Capacity Benchmark Report 2001 or more
recent data on airport capacity that is available to the
Administrator. The Administrator shall select an airport for
participation in the pilot program if the Administrator
determines that collaborative decisionmaking among air carriers
and foreign air carriers would reduce delays at the airport and
have beneficial effects on reducing delays in the national
airspace system as a whole.
(f) Eligibility of Air Carriers.--An air carrier or foreign
air carrier operating at an airport selected to participate in
the pilot program is eligible to participate in the pilot
program if the Administrator determines that the carrier has
the operational and communications capability to participate in
the pilot program.
(g) Modification or Termination of Pilot Program at an
Airport.--The Administrator may modify or end the pilot program
at an airport before the term of the pilot program has expired,
or may ban an air carrier or foreign air carrier from
participating in the program, if the Administrator determines
that the purpose of the pilot program is not being furthered by
participation of the airport or air carrier or if the Secretary
of Transportation finds that the pilot program or the
participation of an air carrier or foreign air carrier in the
pilot program has had, or is having, an adverse effect on
competition among carriers.
(h) Evaluation.--
(1) In general.--Before the expiration of the 2-year
period for which the pilot program is authorized under
subsection (b), the Administrator shall determine
whether the pilot program has facilitated more
effective use of air traffic capacity and the Secretary
shall determine whether the pilot program has had an
adverse effect on airline competition or the
availability of air services to communities. The
Administrator shall also examine whether capacity
benefits resulting from the participation in the pilot
program of an airport resulted in capacity benefits to
other parts of the national airspace system.
(2) Obtaining necessary data.--The Administrator may
require participating air carriers and airports to
provide data necessary to evaluate the pilot program's
impact.
(i) Extension of Pilot Program.--At the end of the 2-year
period for which the pilot program is authorized, the
Administrator may continue the pilot program for an additional
2 years and expand participation in the program to up to 7
additional airports if the Administrator determines pursuant to
subsection (h) that the pilot program has facilitated more
effective use of air traffic capacity and if the Secretary
determines that the pilot program has had no adverse effect on
airline competition or the availability of air services to
communities. The Administrator shall select the additional
airports to participate in the extended pilot program in the
same manner in which airports were initially selected to
participate.
* * * * * * *
SUBPART II--ECONOMIC REGULATION
CHAPTER 411--AIR CARRIER CERTIFICATES
* * * * * * *
Sec. 41106. Airlift service
(a) * * *
(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the
transportation of passengers or property by transport category
aircraft between a place in the United States and a place
outside the United States obtained by the Secretary of Defense
or the Secretary of a military department, or by a person that
has contracted with the Secretary of Defense or the Secretary
of a military department, through a contract for airlift
service shall be provided by an air carrier referred to in
subsection (a).
* * * * * * *
Sec. 41113. Plans to address needs of families of passengers involved
in aircraft accidents
(a) * * *
(b) Contents of Plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
(1) * * *
* * * * * * *
(16) An assurance that the air carrier, in the event
that the air carrier volunteers assistance to United
States citizens within the United States with respect
to an aircraft accident outside the United States
involving major loss of life, [the air carrier] will
consult with the Board and the Department of State on
the provision of the assistance.
(17)(A) An assurance that, in the case of an accident
that results in significant damage to a man-made
structure or other property on the ground that is not
government-owned, the air carrier will promptly provide
notice, in writing, to the extent practicable, directly
to the owner of the structure or other property about
liability for any property damage and means for
obtaining compensation.
(B) At a minimum, the written notice shall advise an
owner (i) to contact the insurer of the property as the
authoritative source for information about coverage and
compensation; (ii) to not rely on unofficial
information offered by air carrier representatives
about compensation by the air carrier for accident-site
property damage; and (iii) to obtain photographic or
other detailed evidence of property damage as soon as
possible after the accident, consistent with
restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts
a public hearing or comparable proceeding at a location
greater than 80 miles from the accident site, the air
carrier will ensure that the proceeding is made
available simultaneously by electronic means at a
location open to the public at both the origin city and
destination city of the air carrier's flight if that
city is located in the United States.
* * * * * * *
CHAPTER 413--FOREIGN AIR TRANSPORTATION
* * * * * * *
Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
(a) * * *
* * * * * * *
(c) Contents of Plans.--To the extent permitted by foreign
law which was in effect on the date of the enactment of this
section, a plan submitted by a foreign air carrier under
subsection (b) shall include the following:
(1) * * *
* * * * * * *
(17) Notice concerning liability for man-made
structures.--
(A) In general.--An assurance that, in the
case of an accident that results in significant
damage to a man-made structure or other
property on the ground that is not government-
owned, the foreign air carrier will promptly
provide notice, in writing, to the extent
practicable, directly to the owner of the
structure or other property about liability for
any property damage and means for obtaining
compensation.
(B) Minimum contents.--At a minimum, the
written notice shall advise an owner (i) to
contact the insurer of the property as the
authoritative source for information about
coverage and compensation; (ii) to not rely on
unofficial information offered by foreign air
carrier representatives about compensation by
the foreign air carrier for accident-site
property damage; and (iii) to obtain
photographic or other detailed evidence of
property damage as soon as possible after the
accident, consistent with restrictions on
access to the accident site.
(18) Simultaneous electronic transmission of ntsb
hearing.--An assurance that, in the case of an accident
in which the National Transportation Safety Board
conducts a public hearing or comparable proceeding at a
location greater than 80 miles from the accident site,
the foreign air carrier will ensure that the proceeding
is made available simultaneously by electronic means at
a location open to the public at both the origin city
and destination city of the foreign air carrier's
flight if that city is located in the United States.
* * * * * * *
CHAPTER 417--OPERATIONS OF CARRIERS
SUBCHAPTER I--REQUIREMENTS
Sec.
41701. Classification of air carriers.
* * * * * * *
[41721. Reports by carriers on incidents involving animals during air
transportation.]
41721. Reports by carriers on incidents involving animals during air
transport.
41722. Notice concerning aircraft assembly.
41723. Special rule to promote air service to small communities.
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
41731. Definitions.
* * * * * * *
41745. Community and regional choice program.
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 41718. Special rules for Ronald Reagan Washington National Airport
(a) Beyond-Perimeter Exemptions.--The Secretary shall grant,
by order, [12] 24 exemptions from the application of sections
49104(a)(5), 49109, 49111(e), and 41714 of this title to air
carriers to operate limited frequencies and aircraft on select
routes between Ronald Reagan Washington National Airport and
domestic hub airports and exemptions from the requirements of
subparts K and S of part 93, Code of Federal Regulations, if
the Secretary finds that the exemptions will--
(1) * * *
* * * * * * *
(b) Within-Perimeter Exemptions.--The Secretary shall grant,
by order, [12] 20 exemptions from the requirements of sections
49104(a)(5), 49111(e), and 41714 of this title and subparts K
and S of part 93 of title 14, Code of Federal Regulations, to
air carriers for providing air transportation to airports [that
were designated as medium hub or smaller airports] within the
perimeter established for civil aircraft operations at Ronald
Reagan Washington National Airport under section 49109. The
Secretary shall develop criteria for distributing slot
exemptions for flights within the perimeter to such airports
under this paragraph in a manner that promotes air
transportation--
(1) * * *
* * * * * * *
(c) Limitations.--
(1) * * *
(2) General exemptions.--The exemptions granted under
subsections (a) and (b) may not be for operations
between the hours of 10:00 p.m. and 7:00 a.m. and may
not increase the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period during
the hours between 7:00 a.m. and 9:59 p.m. by more than
[two] 3 operations.
(3) Allocation of within-perimeter exemptions.--Of
the exemptions granted under subsection (b)--
(A) [four] six shall be for air
transportation to small hub airports and nonhub
airports; [and]
(B) [eight] ten shall be for air
transportation to medium hub and smaller
airports[.]; and
(C) four shall be for air transportation to
airports without regard to their size.
* * * * * * *
[(d) Application Process.--
[(1) Deadline for submission.--All requests for
exemptions under this section must be submitted to the
Secretary not later than the 30th day following the
date of the enactment of this subsection.
[(2) Deadline for comments.--All comments with
respect to any request for an exemption under this
section must be submitted to the Secretary not later
than the 45th day following the date of the enactment
of this subsection.
[(3) Deadline for final decision.--Not later than the
90th day following the date of the enactment of this
Act, the Secretary shall make a decision regarding
whether to approve or deny any request that is
submitted to the Secretary in accordance with paragraph
(1).]
(d) Application Procedures.--The Secretary shall establish
procedures to ensure that all requests for exemptions under
this section are granted or denied within 90 days after the
date on which the request is made.
* * * * * * *
Sec. 41719. Air service termination notice
(a) * * *
* * * * * * *
(d) Definitions.--In this section, the following definitions
apply:
[(1) Nonhub airport.--The term ``nonhub airport'' has
the meaning that term has under section 41731(a)(4).]
[(2)] (1) Part 121 air carrier.--The term ``part 121
air carrier'' means an air carrier to which part 121 of
title 14, Code of Federal Regulations, applies.
[(3)] (2) Part 135 air carrier.--The term ``part 135
air carrier'' means an air carrier to which part 135 of
title 14, Code of Federal Regulations, applies.
[(4)] (3) Regional/commuter carriers.--The term
``regional/commuter carrier'' means--
(A) * * *
* * * * * * *
[(5)] (4) Termination.--The term ``termination''
means the cessation of all service at an airport by an
air carrier.
* * * * * * *
Sec. 41722. Notice concerning aircraft assembly
The Secretary of Transportation shall require, beginning
after the last day of the 1-year period following the date of
enactment of this section, an air carrier using an aircraft to
provide scheduled passenger air transportation to display a
notice, on an information placard available to each passenger
on the aircraft, that informs the passengers of the nation in
which the aircraft was finally assembled.
Sec. 41723. Special rule to promote air service to small communities
In order to promote air service to small communities, the
Secretary of Transportation shall permit an operator of a
turbine powered or multiengine piston powered aircraft with 10
passenger seats or less (1) to provide air transportation
between an airport that is a nonhub airport and another airport
or between an airport that is not a commercial service airport
and another airport, and (2) to sell individual seats on that
aircraft at a negotiated price, if the aircraft is otherwise
operated in accordance with parts 119 and 135 of title 14, Code
of Federal Regulations, and the air transportation is otherwise
provided in accordance with part 298 of such title 14.
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
Sec. 41731. Definitions
(a) General.--In this subchapter--
(1) * * *
* * * * * * *
[(3) ``hub airport'' means an airport that each year
has at least .25 percent of the total annual boardings
in the United States.
[(4) ``nonhub airport'' means an airport that each
year has less than .05 percent of the total annual
boardings in the United States.
[(5) ``small hub airport'' means an airport that each
year has at least .05 percent, but less than .25
percent, of the total annual boardings in the United
States.]
* * * * * * *
Sec. 41734. Ending, suspending, and reducing basic essential air
service
(a) * * *
* * * * * * *
(i) Process for Discontinuing Certain Subsidies.--If the
Secretary determines that no subsidy will be provided to a
carrier to provide essential air service to an eligible place
because the eligible place does not meet the requirements of
section 332 of the Department of Transportation and Related
Agencies Appropriations Act, 2000 (49 U.S.C. 41731 note; 113
Stat. 1022), the Secretary shall notify the affected community
that the subsidy will cease but shall continue to provide the
subsidy for 90 days after providing the notice to the
community.
* * * * * * *
Sec. 41737. Compensation guidelines, limitations, and claims
(a) Compensation Guidelines.--(1) * * *
(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 or may
be paid directly to the unit of local government having
jurisdiction over the eligible place served by the air carrier.
(3) Payment of cost by local government.--
(A) General requirement.--The guidelines may
require a unit of local government having
jurisdiction over an eligible place that is
less than 170 miles from a medium or large hub
or less than 75 miles from a small hub or a
State within the boundaries of which the
eligible place is located to pay 2.5 percent in
fiscal year 2005, 5 percent in fiscal year
2006, 7.5 percent in fiscal year 2007, and 10
percent in fiscal year 2008 of the amount of
compensation payable under this subchapter for
air transportation with respect to the eligible
place to ensure the continuation of that air
transportation.
(B) Waiver.--The Secretary may waive the
requirement, or reduce the amount, of a payment
from a unit of local government under
subparagraph (A) if the Secretary finds that--
(i) the unit of local government
lacks the ability to pay; and
(ii) the loss of essential air
service to the eligible place would
have an adverse effect on the eligible
place's access to the national air
transportation system.
(C) Determination of mileage.--In determining
the mileage between the eligible place and a
hub under this paragraph, the Secretary shall
use the most commonly used highway route
between the eligible place and the hub.
* * * * * * *
(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.]
* * * * * * *
Sec. 41740. Joint proposals
The Secretary of Transportation shall encourage the
submission of joint proposals, including joint fares, by 2 or
more air carriers for providing air service or air
transportation under this subchapter through arrangements that
maximize the service or transportation to and from major
destinations beyond the hub.
* * * * * * *
Sec. 41742. Essential air service authorization
(a) In General.--
(1) * * *
(2) Additional funds.--In addition to amounts
authorized under paragraph (1), there is authorized to
be appropriated [$15,000,000] $65,000,000 for each
fiscal year to carry out the essential air service
program under this subchapter.
(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.
* * * * * * *
[(c) Special Rule for Fiscal Year 1997.--Notwithstanding
subsections (a) and (b), in fiscal year 1997, amounts in excess
of $75,000,000 that are collected in fees pursuant to section
45301(a)(1) of this title shall be available for the essential
air service program under this subchapter, in addition to
amounts specifically provided for in appropriations Acts.]
Sec. 41743. Airports not receiving sufficient service
(a) Small Community Air Service Development [Pilot]
Program.--The Secretary of Transportation shall establish a
[pilot] program that meets the requirements of this section for
improving air carrier service to airports not receiving
sufficient air carrier service.
* * * * * * *
(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 [(as that term is defined in
section 41731(a)(5))], and--
(A) * * *
* * * * * * *
[(3) State limit.--No more than four communities or
consortia of communities, or a combination thereof, may
be located in the same State.]
[(4)] (3) 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.
[(5)] (4) Priorities.--The Secretary shall give
priority to communities or consortia of communities
where--
(A) * * *
* * * * * * *
(C) the community or consortium has
established, or will establish, a public-
private partnership to facilitate air carrier
service to the public; [and]
(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 can be used in the fiscal
year in which it is received.
* * * * * * *
(e) Authority To Make Agreements.--
(1) * * *
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$20,000,000 for fiscal year 2001 [and], $27,500,000 for
each of fiscal years 2002 and 2003, and $35,000,000 for
each of fiscal years 2004 through 2008 to carry out
this section. Such sums shall remain available until
expended.
(f) Additional Action.--Under the [pilot] 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 [(as defined in section 41731(a)(3))] to
facilitate joint-fare arrangements consistent with normal
industry practice.
* * * * * * *
Sec. 41744. Preservation of basic essential air service at single
carrier dominated hub airports
(a) * * *
(b) Essential Airport Facility Defined.--In this section, the
term ``essential airport facility'' means a large hub airport
[(as defined in section 41731)] in the contiguous 48 States at
which one air carrier has more than 60 percent of the total
annual enplanements at that airport.
Sec. 41745. Community and regional choice program
(a) Establishment.--The Secretary of Transportation shall
establish an alternate essential air service pilot program in
accordance with the requirements of this section.
(b) Compensation 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 pay compensation 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.
(c) Use of Compensation.--A unit of local government or State
receiving compensation for an eligible place under the program
shall use the compensation for any of the following purposes:
(1) To provide assistance to an air carrier to
provide scheduled air service to and from the eligible
place, without being subject to the requirements of
41732(b).
(2) To provide assistance to an air carrier to
provide on-demand air taxi service to and from the
eligible place.
(3) 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.
(4) 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.
(5) To purchase aircraft, or a fractional share in
aircraft, to provide transportation to and from the
eligible place.
(6) To pay for other transportation or related
services that the Secretary may permit.
(d) Fractionally Owned Aircraft.--Notwithstanding any other
provision of law, only those operating rules that relate to an
aircraft that is fractionally owned apply when an aircraft
described in subsection (c)(5) is used to provide
transportation described in subsection (c)(5).
(e) Applications.--
(1) In general.--A unit of local government or State
seeking to participate in the program for an eligible
place 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
required; and
(B) a description of how the compensation
will be used.
(f) Participation Requirements.--
(1) Eligible places.--An eligible place for which
compensation is received under the program in a fiscal
year shall not be eligible to receive in that fiscal
year the essential air service that it would otherwise
be entitled to under this subchapter.
(2) Governmental entities.--A unit of local
government or State receiving compensation for an
eligible place under the program in a fiscal year shall
not be required to pay the local share described in
41737(a)(3) in such fiscal year.
(g) Subsequent Participation.--A unit of local government
participating in the program under this section in a fiscal
year shall not be prohibited from participating in the basic
essential air service program under this chapter in a
subsequent fiscal year if such unit is otherwise eligible to
participate in such program.
(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.
SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
* * * * * * *
Sec. 41762. Definitions
In this subchapter, the following definitions apply:
(1) * * *
* * * * * * *
[(11) Nonhub airport.--The term ``nonhub airport''
means an airport that each year has less than .05
percent of the total annual boardings in the United
States.]
[(12)] (11) Obligor.--The term ``obligor'' means a
party primarily liable for payment of the principal of
or interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
[(13)] (12) Regional jet aircraft.--The term
``regional jet aircraft'' means a civil aircraft--
(A) powered by jet propulsion; and
(B) designed to have a maximum passenger
seating capacity of not less than 30 nor more
than 75.
[(14)] (13) Secured loan.--The term ``secured loan''
means a direct loan funded by the Secretary in
connection with the financing of an aircraft purchase
under section 41763(b).
[(15) Small hub airport.--The term ``small hub
airport'' means an airport that each year has at least
.05 percent, but less than .25 percent, of the total
annual boardings in the United States.]
[(16)] (14) Underserved market.--The term
``underserved market'' means a passenger air
transportation market (as defined by the Secretary)
that--
(A) * * *
* * * * * * *
Sec. 41766. Funding
Of the amounts appropriated under section 106(k) for each of
fiscal years 2001 through [2003] 2007, such sums as may be
necessary may be used to carry out this subchapter, including
administrative expenses.
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 443--INSURANCE
Sec.
44301. Definitions.
* * * * * * *
[44310. Ending effective date.]
44310. Vendors, agents, subcontractors, and manufacturers.
44311. Termination date.
* * * * * * *
Sec. 44302. General authority
(a) * * *
* * * * * * *
(f) Extension of Policies.--
(1) In general.--The Secretary shall extend through
August 31, 2004, and may extend [through December 31,
2004,] thereafter 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.
* * * * * * *
Sec. 44303. Coverage
(a) * * *
(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, 2004, 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
the United States manufacturer (as defined in section 44310) of
the aircraft of the air carrier involved.
* * * * * * *
[Sec. 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, 2004.]
Sec. 44310. Vendors, agents, subcontractors, and manufacturers
(a) In General.--The Secretary of Transportation may extend
the application of any provision of this chapter to a loss by a
vendor, agent, and subcontractor of an air carrier and a United
States manufacturer of an aircraft used by an air carrier but
only to the extent that the loss involved an aircraft of an air
carrier.
(b) United States Manufacturer Defined.--In this section, the
term ``United States manufacturer'' means a manufacturer
incorporated under the laws of a State of the United States and
having its principal place of business in the United States.
Sec. 44311. Termination date
Effective December 31, 2007, the authority of the Secretary
of Transportation to provide insurance and reinsurance under
this chapter shall be limited to--
(1) the operation of an aircraft by an air carrier or
foreign air carrier in foreign air commerce or between
at least 2 points, all of which are outside the United
States; and
(2) insurance obtained by a department, agency, or
instrumentality of the United States under section
44305.
* * * * * * *
CHAPTER 447--SAFETY REGULATION
Sec.
44701. General requirements.
* * * * * * *
[44704. Type certificates, production certificates, and airworthiness
certificates.]
44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates.
* * * * * * *
44727. Runway safety areas.
44728. Availability of maintenance information.
44729. Flight attendant certification.
* * * * * * *
Sec. 44702. Issuance of certificates
(a) General Authority and Applications.--The Administrator of
the Federal Aviation Administration may issue airman
certificates, design organization certificates, type
certificates, production certificates, airworthiness
certificates, air carrier operating certificates, airport
operating certificates, air agency certificates, and air
navigation facility certificates under this chapter. An
application for a certificate must--
(1) * * *
* * * * * * *
[Sec. 44704. Type certificates, production certificates, and
airworthiness certificates]
Sec. 44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates
(a) Type Certificates.--(1) * * *
* * * * * * *
(3) 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. A person
may manufacture a new aircraft, aircraft engine, propeller, or
appliance based on a type certificate only if the person is the
holder of the type certificate or has permission from the
holder.
* * * * * * *
(e) Certification of Products Manufactured in Foreign
Nations.--In order to ensure safety, the Administrator shall
spend at least the same amount of time and perform a no-less-
thorough review in certifying, or validating the certification
of, an aircraft, aircraft engine, propeller, or appliance
manufactured in a foreign nation as the regulatory authorities
of that nation employ when the authorities certify, or validate
the certification of, an aircraft, aircraft engine, propeller,
or appliance manufactured in the United States.
(f) Design Organization Certificates.--
(1) Issuance.--Beginning 7 years after the date of
enactment of this subsection, 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 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.--On receiving an
application for a type certificate under subsection (a)
that is accompanied by a certification of compliance by
a design organization certificated under this
subsection, instead of conducting an independent
investigation under subsection (a), the Administrator
may issue the type certificate based on the
certification of compliance.
(4) Public safety.--The Administrator shall include
in a design organization certificate issued under this
subsection terms required in the interest of safety.
* * * * * * *
Sec. 44709. Amendments, modifications, suspensions, and revocations of
certificates
(a) Reinspection and Reexamination.--The Administrator of the
Federal Aviation Administration may reinspect at any time a
civil aircraft, aircraft engine, propeller, appliance, design
organization, production certificate holder, air navigation
facility, or air agency, or reexamine an airman holding a
certificate issued under section 44703 of this title.
* * * * * * *
Sec. 44711. Prohibitions and exemption
(a) Prohibitions.--A person may not--
(1) * * *
* * * * * * *
(7) violate a term of an air [agency] 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;
* * * * * * *
Sec. 44726. Denial and revocation of certificate for counterfeit parts
violations
(a) Denial of Certificate.--
(1) In general.--Except as provided in paragraph (2)
of this subsection and subsection (e)(2), the
Administrator of the Federal Aviation Administration
may not issue a certificate under this chapter to any
person--
(A) convicted in a court of law of a
violation of a law of the United States
relating to the installation, production,
repair, or sale of a counterfeit or
fraudulently-represented aviation part or
material; [or]
(B) whose certificate is revoked under
subsection (b); or
[(B)] (C) subject to a controlling or
ownership interest of an individual [convicted
of such a violation.] described in subparagraph
(A) or (B).
* * * * * * *
Sec. 44727. Runway safety areas
An airport owner or operator shall not be required to reduce
the length of a runway or declare the length of a runway to be
less than the actual pavement length in order to meet standards
of the Federal Aviation Administration applicable to runway
safety areas.
Sec. 44728. Availability of maintenance information
(a) In General.--The Administrator of the Federal Aviation
Administration shall continue in effect the requirement of
section 21.50(b) of title 14, Code of Federal Regulations, that
the holder of a design approval--
(1) shall prepare and furnish at least one set of
complete instructions for continued airworthiness as
prescribed in such section to the owner of each type of
aircraft, aircraft engine, or propeller upon its
delivery or upon the issuance of the first standard
airworthiness certificate for the affected aircraft,
whichever occurs later; and
(2) thereafter shall make the instructions, and any
changes thereto, available to any other person required
by parts 1 through 199 of title 14, Code of Federal
Regulations, to comply with any of the terms of the
instructions.
(b) Definitions.--In this section, the following definitions
apply:
(1) Make available.--The term ``make available''
means providing at a cost not to exceed the cost of
preparation and distribution.
(2) Design approval.--The term ``design approval''
means a type certificate, supplemental type
certificate, amended type certificate, parts
manufacturer approval, technical standard order
authorization, and any other action as determined by
the Administrator pursuant to subsection (c)(2).
(3) Instructions for continued airworthiness.--The
term ``instructions for continued airworthiness'' means
any information (and any changes to such information)
considered essential to continued airworthiness that
sets forth the methods, techniques, and practices for
performing maintenance and alteration on civil
aircraft, aircraft engines, propellers, appliances or
any part installed thereon. Such information may
include maintenance, repair, and overhaul manuals,
standard practice manuals, service bulletins, service
letters, or similar documents issued by a design
approval holder.
(c) Rulemaking.--The Administrator shall conduct a rulemaking
proceeding for the following purposes:
(1) To determine the meaning of the phrase
``essential to continued airworthiness'' of the
applicable aircraft, aircraft engine, and propeller as
that term is used in parts 23 through 35 of title 14,
Code of Federal Regulations.
(2) To determine if a design approval should include,
in addition to those approvals specified in subsection
(b)(2), any other activity in which persons are
required to have technical data approved by the
Administrator.
(3) To revise existing rules to reflect the
definition of design approval holder in subsections
(b)(2) and (c)(2).
(4) To determine if design approval holders that
prepared instructions for continued airworthiness or
maintenance manuals before January 29, 1981, should be
required to make the manuals available (including any
changes thereto) to any person required by parts 1
through 199 of title 14, Code of Federal Regulations,
to comply with any of the terms of those manuals.
(5) To require design approval holders that--
(A) are operating an ongoing business
concern;
(B) were required to produce maintenance
manuals or instructions for continued
airworthiness under section 21.50(b) of title
14, Code of Federal Regulations; and
(C) have not done so,
to prepare those documents and make them available as
required by this section not later than 1 year after
date on which the regulations are published.
(6) To revise its rules to reflect the changes made
by this section.
(d) Limitation on Statutory Construction.--Nothing is this
section shall be construed as requiring the holder of a design
approval to make available proprietary information unless it is
deemed essential to continued airworthiness.
Sec. 44729. 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 14, Code
of Federal Regulation, 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) contain the name of the air carrier that employs
or will employ the certificate holder on the date that
the certificate is issued;
(4) is similar in size and appearance to certificates
issued to airmen;
(5) contain the airplane group for which the
certificate is issued; and
(6) be issued not later than 30 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) 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.
SUBPART IV--ENFORCEMENT AND PENALTIES
CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
Sec.
46101. Complaints and investigations.
* * * * * * *
46111. Certificate actions in response to a security threat.
* * * * * * *
Sec. 46111. Certificate actions in response to a security threat
(a) Orders.--The Administrator of Federal Aviation
Administration shall issue an order amending, modifying,
suspending, or revoking any part of a certificate issued under
this title if the Administrator is notified by the Under
Secretary for Border and Transportation Security of the
Department of Homeland Security that the holder of the
certificate poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.
If requested by the Under Secretary, the order shall be
effective immediately.
(b) Hearings for Citizens.--An individual who is a citizen of
the United States who is adversely affected by an order of the
Administrator under subsection (a) is entitled to a hearing on
the record.
(c) Hearings.--When conducting a hearing under this section,
the administrative law judge shall not be bound by findings of
fact or interpretations of laws and regulations of the
Administrator or the Under Secretary.
(d) Appeals.--An appeal from a decision of an administrative
law judge as the result of a hearing under subsection (b) shall
be made to the Transportation Security Oversight Board
established by section 115. The Board shall establish a panel
to review the decision. The members of this panel (1) shall not
be employees of the Transportation Security Administration, (2)
shall have the level of security clearance needed to review the
determination made under this section, and (3) shall be given
access to all relevant documents that support that
determination. The panel may affirm, modify, or reverse the
decision.
(e) Review.--A person substantially affected by an action of
a panel under subsection (d), or the Under Secretary when the
Under Secretary decides that the action of the panel under this
section will have a significant adverse impact on carrying out
this part, may obtain review of the order under section 46110.
The Under Secretary and the Administrator shall be made a party
to the review proceedings. Findings of fact of the panel are
conclusive if supported by substantial evidence.
(f) Explanation of Decisions.--An individual who commences an
appeal under this section shall receive a written explanation
of the basis for the determination or decision and all relevant
documents that support that determination to the maximum extent
that the national security interests of the United States and
other applicable laws permit.
(g) Classified Evidence.--
(1) In general.--The Under Secretary, in consultation
with the Administrator, shall issue regulations to
establish procedures by which the Under Secretary, as
part of a hearing conducting under this section, may
substitute an unclassified summary of classified
evidence upon the approval of the administrative law
judge.
(2) Approval and disapproval of summaries.--Under the
procedures, an administrative law judge shall--
(A) approve a summary if the judge finds that
it is sufficient to enable the certificate
holder to appeal an order issued under
subsection (a); or
(B) disapprove a summary if the judge finds
that it is not sufficient to enable the
certificate holder to appeal such an order.
(3) Modifications.--If an administrative law judge
disapproves a summary under paragraph (2)(B), the judge
shall direct the Under Secretary to modify the summary
and resubmit the summary for approval.
(4) Insufficient modifications.--If an administrative
law judge is unable to approve a modified summary, the
order issued under subsection (a) that is the subject
of the hearing shall be set aside unless the judge
finds that such a result--
(A) would likely cause serious and
irreparable harm to the national security; or
(B) would likely cause death or serious
bodily injury to any person.
(5) Special procedures.--If an administrative law
judge makes a finding under subparagraph (A) or (B) of
paragraph (4), the hearing shall proceed without an
unclassified summary provided to the certificate
holder. In such a case, subject to procedures
established by regulation by the Under Secretary in
consultation with the Administrator, the administrative
law judge shall appoint a special attorney to assist
the accused by--
(A) reviewing in camera the classified
evidence; and
(B) challenging, through an in camera
proceeding, the veracity of the evidence
contained in the classified information.
CHAPTER 463--PENALTIES
Sec.
46301. Civil penalties.
* * * * * * *
46319. Closure of an airport without providing sufficient notice.
* * * * * * *
Sec. 46319. Closure of an airport without providing sufficient notice
(a) Prohibition.--A public agency (as defined in section
47102) may not close an airport listed in the national plan of
integrated airport systems under section 47103 without
providing written notice to the Administrator of the Federal
Aviation Administration at least 30 days before the date of the
closure.
(b) Publication of Notice.--The Administrator shall publish
each notice received under subsection (a) in the Federal
Register.
(c) Civil Penalty.--A public agency violating subsection (a)
shall be liable for a civil penalty of $10,000 for each day
that the airport remains closed without having given the notice
required by this section.
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec.
47101. Policies.
* * * * * * *
47138. Emission credits for air quality projects.
47139. Airport ground support equipment emissions retrofit pilot
program.
47140. Compatible land use planning and projects by State and local
governments.
47141. Prohibition on rent-free space requirements for Federal Aviation
Administration.
* * * * * * *
SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
47171. DOT as lead agency.
47172. Categorical exclusions.
47173. Access restrictions to ease construction.
47174. Airport revenue to pay for mitigation.
47175. Airport funding of FAA staff.
47176. Authorization of appropriations.
47177. Designation of aviation safety and aviation security projects
for priority environmental review.
47178. Definitions.
SUBCHAPTER I--AIRPORT IMPROVEMENT
* * * * * * *
Sec. 47102. Definitions
In this subchapter--
(1) * * *
* * * * * * *
(3) ``airport development'' means the following
activities, if undertaken by the sponsor, owner, or
operator of a public-use airport:
(A) * * *
(B) acquiring for, or installing at, a
public-use airport--
(i) * * *
* * * * * * *
(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.
* * * * * * *
[(J) in fiscal year 2002, any additional
security related activity required by law or by
the Secretary after September 11, 2001, and
before October 1, 2002.
[(K) in fiscal year 2002 with respect to
funds apportioned under section 47114 in fiscal
years 2001 and 2002, any activity, including
operational activities, of an airport that is
not a primary airport if that airport is
located within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC 1/
0618 issued by the Federal Aviation
Administration and the activity was carried out
when any restriction in the Notice is in
effect.
[(L) in fiscal year 2002, payments for debt
service on indebtedness incurred to carry out a
project at an airport owned or controlled by
the sponsor or at a privately owned or operated
airport passenger terminal financed by
indebtedness incurred by the sponsor if the
Secretary determines that such payments are
necessary to prevent a default on the
indebtedness.]
(J) in the case of a nonhub airport or an
airport that is not a primary airport in fiscal
year 2004, direct costs associated with new,
additional, or revised security requirements
imposed on airport operators by law,
regulation, or order on or after September 11,
2001, if the Government's share is paid only
from amounts apportioned to a sponsor under
section 47114(c) or 47114(d)(3)(A).
(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 47138.
(L) converting vehicles and ground support
equipment owned by a commercial service airport
to low-emission technology or acquiring for use
at a commercial service airport vehicles and
ground support equipment that include low-
emission technology 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 47138.
* * * * * * *
[(6) ``amount made available under section 48103 of
this title'' means the amount authorized for grants
under section 48103 of this title as reduced by any law
enacted after September 3, 1982.]
(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).
* * * * * * *
(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 non-petroleum 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.
[(10)] (14) ``passenger boardings''--
[(A) means revenue passenger boardings 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.]
(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.
[(11)] (15) ``primary airport'' means a commercial
service airport the Secretary determines to have more
than 10,000 passenger boardings each year.
[(12)] (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.
[(13)] (17) ``project cost'' means a cost involved in
carrying out a project.
[(14)] (18) ``project grant'' means a grant of money
the Secretary makes to a sponsor to carry out at least
one project.
[(15)] (19) ``public agency'' means--
(A) * * *
* * * * * * *
[(16)] (20) ``public airport'' means an airport used
or intended to be used for public purposes--
(A) * * *
* * * * * * *
[(17)] (21) ``public-use airport'' means--
(A) * * *
* * * * * * *
[(18)] (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.
[(19)] (24) ``sponsor'' means--
(A) * * *
* * * * * * *
[(20)] (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. 47104. Project grant authority
(a) * * *
* * * * * * *
(c) Expiration of Authority.--After September 30, [2003]
2007, the Secretary may not incur obligations under subsection
(b) of this section, except for obligations of amounts--
(1) * * *
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) * * *
* * * * * * *
(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) * * *
(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
[(B) only if the chief executive officer of the State
in which the project will be located certifies in
writing to the Secretary that there is reasonable
assurance that the project will be located, designed,
constructed, and operated in compliance with applicable
air and water quality standards, except that the
Administrator of the Environmental Protection Agency
shall make the certification instead of the chief
executive officer if--
[(i) the State has not approved any
applicable State or local standards; and
[(ii) the Administrator has prescribed
applicable standards; and]
[(C)] (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 2] 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
* * * * * * *
[(4)(A) Notice of certification or of refusal to certify
under paragraph (1)(B) of this subsection shall be provided to
the Secretary not later than 60 days after the Secretary
receives the application.
[(B) The Secretary shall condition approval of the
application on compliance with the applicable standards during
construction and operation.]
[(5)] (4) The Secretary may make a finding under paragraph
(1)(C) 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]
subsections (c), (d), and (e) of section 47114 for violating an
assurance or requirement of this subchapter only if--
(A) * * *
* * * * * * *
(4) If the Secretary withholds a grant to an airport from the
discretionary fund under section 47115 or from the small
airport fund under section 47116 on the grounds that the
sponsor has violated an assurance or requirement of this
subchapter, the Secretary shall follow the procedures of this
subsection.
* * * * * * *
(h) Runway Safety Areas.--The Secretary may approve an
application under this chapter for a project grant to
construct, reconstruct, repair, or improve a runway only if the
Secretary receives written assurances, satisfactory to the
Secretary, that the sponsor will undertake, to the maximum
extent practical, improvement of the runway's safety area to
meet the standards of the Federal Aviation Administration.
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) * * *
* * * * * * *
(19) the airport owner or operator will submit to the
Secretary and make available to the public an annual
report listing in detail--
(A) * * *
(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; [and]
(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 (of not less than 50 years) that is subject
to such terms and conditions on the hangar as the
airport owner or operator may impose.
* * * * * * *
(c) Written Assurances on Acquiring Land.--(1) * * *
* * * * * * *
(4) Notwithstanding paragraph (2)(A)(iii), an airport owner
or operator may retain all or any portion of the proceeds from
a land disposition described in that paragraph if the Secretary
finds that the use of the land will be compatible with airport
purposes and the proceeds retained will be used for airport
development or to carry out a noise compatibility program under
section 47504(c).
* * * * * * *
(l) Policies and Procedures To Ensure Enforcement Against
Illegal Diversion of Airport Revenue.--
(1) * * *
* * * * * * *
(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
* * * * * * *
(m) Audit Certification.--
(1) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal
Aviation Administration, shall [promulgate regulations
that] 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 [and opinion of the 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.
* * * * * * *
[(3) Requirements for audit report.--The report
submitted to the Secretary under this subsection shall
include a specific determination and opinion regarding
the appropriateness of the disposition of airport funds
paid or transferred to a sponsor.]
* * * * * * *
Sec. 47108. Project grant agreements
(a) Offer and Acceptance.--On approving a project grant
application under this subchapter, the Secretary of
Transportation shall offer the sponsor a grant to pay the
United States Government's share of the project costs allowable
under section 47110 of this title. The Secretary may impose
terms on the offer that the Secretary considers necessary to
carry out this subchapter and regulations prescribed under this
subchapter. An offer shall state the obligations to be assumed
by the sponsor and the maximum amount the Government will pay
for the project from the amounts authorized under chapter 481
of this title (except sections 48102(e), 48106, 48107, and
48110). At the request of the sponsor, an offer of a grant for
a project that will not be completed in one fiscal year shall
provide for the obligation of amounts apportioned or to be
apportioned to a sponsor under section 47114(c) or
47114(d)(3)(A) of this title for the fiscal years necessary to
pay the Government's share of the cost of the project. An offer
that is accepted in writing by the sponsor is an agreement
binding on the Government and the sponsor. The Government may
pay or be obligated to pay a project cost only after a grant
agreement for the project is signed.
* * * * * * *
Sec. 47109. United States Government's share of project costs
(a) General.--Except as provided in subsection (b) of this
section, the United States Government's share of allowable
project costs is--
(1) * * *
* * * * * * *
(3) 90 percent for a project at any other airport;
and
[(4) 40 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)] (4) for fiscal year 2002, 100 percent for a
project described in section 47102(3)(J), 47102(3)(K),
or 47102(3)(L).
* * * * * * *
Sec. 47110. Allowable project costs
(a) * * *
(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) * * *
* * * * * * *
(C) if the Government's share is paid only with
amounts apportioned under paragraphs (1) and (2) of
section 47114(c) [of this title] or section
47114(d)(3)(A) and if the cost is incurred--
(i) * * *
* * * * * * *
(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;
* * * * * * *
(4) if the cost is not incurred in a project for
airport development or airport planning for which other
Government assistance has been granted; [and]
(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) in the case of a project for acquiring for use at
a commercial service airport vehicles and ground
support equipment owned by an airport that is not
described in section 47102(3) and that include low-
emission technology, if the total costs allowed for the
project are not more than the incremental cost of
equipping such vehicles or equipment with low-emission
technology, as determined by the Secretary.
* * * * * * *
(e) Letters of Intent.--(1) * * *
* * * * * * *
(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)] subsections (d) and (h) 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) * * *
* * * * * * *
(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
project] of the project.
(h) Construction or Modification of Public Parking Facilities
for Security Purposes.--Notwithstanding subsection (f)(1), a
cost of constructing or modifying a public parking facility for
passenger automobiles to comply with a regulation or directive
of the Department of Homeland Security shall be treated as an
allowable airport development project cost.
(i) Debt Financing.--In the case of an airport that is not a
medium hub airport or large hub airport, the Secretary may
determine that allowable airport development project costs
include payments of interest, commercial bond insurance, and
other credit enhancement costs associated with a bond issue to
finance the project.
(j) Nonprimary Airports.--The Secretary may decide that the
costs of revenue producing aeronautical support facilities,
including fuel farms and hangars, 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.
* * * * * * *
Sec. 47114. Apportionments
(a) * * *
* * * * * * *
(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) * * *
* * * * * * *
[(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.]
(iv) $.65 for each of the next
500,000 passenger boardings at the
airport during the prior calendar year;
(v) $.50 cents for each of the next
2,500,000 passenger boardings at the
airport during the prior calendar year;
and
(vi) $.45 cents for each additional
passenger boarding at the airport
during the prior calendar year.
* * * * * * *
(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;
(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.
(2) Cargo [only] airports.--
(A) Apportionment.--Subject to subparagraph
(D), the Secretary shall apportion an amount
equal to [3 percent] 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.
* * * * * * *
Sec. 47115. Discretionary fund
(a) * * *
* * * * * * *
[(d) Considerations.--In selecting a project for a grant to
preserve and enhance capacity as described in subsection (c)(1)
of this section, the Secretary shall consider--
[(1) the effect the project will have on the overall
national air transportation system capacity;
[(2) the project benefit and cost, 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;
[(3) the financial commitment from non-United States
Government sources to preserve or enhance airport
capacity;
[(4) the airport improvement priorities of the
States, and regional offices of the Administration, to
the extent such priorities are not in conflict with
paragraphs (1) and (2);
[(5) the projected growth in the number of passengers
that will be using the airport at which the project
will be carried out; and
[(6) any increase in the number of passenger
boardings in the preceding 12-month period at the
airport at which the project will be carried out, with
priority consideration to be given to projects at
airports at which the number of passenger boardings
increased by at least 20 percent as compared to the
number of passenger boardings in the 12-month period
preceding such period.]
(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); and
(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.
(2) For all projects.--In selecting a project for a
grant described in paragraph (1), the Secretary shall
consider 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.
* * * * * * *
Sec. 47116. Small airport fund
(a) * * *
(b) Distribution of Amounts.--The Secretary may distribute
amounts in the fund in each fiscal year for any purpose for
which amounts are made available under section 48103 of this
title as follows:
(1) one-seventh for grants for projects at small hub
airports [(as defined in section 41731 of this title)];
and
* * * * * * *
Sec. 47117. Use of apportioned amounts
(a) * * *
* * * * * * *
[(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) A sponsor of a primary airport may make an agreement
with the Secretary of Transportation waiving any part of the
amount apportioned for the airport under section 47114(c)(1) of
this title if the Secretary makes the waived amount available
for a grant for another public-use airport in the same State or
geographical area as the primary airport.]
(c) Use of Sponsor's Apportioned Amounts at Public Use
Airports.--
(1) Of sponsor.--An amount apportioned to a sponsor
of an airport under section 47114(c) or 47114(d)(3)(A)
is available for grants for any public-use airport of
the sponsor included in the national plan of integrated
airport systems.
(2) In same state or area.--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 section
47114(c) or 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.
* * * * * * *
(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 34 percent for grants for airport noise
compatibility planning under section 47505(a)(2) [of
this title], and for carrying out noise compatibility
programs under section 47504(c) [of this title], 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 47140, and for airport development
described in section 47102(3)(F) or 47102(3)(K) to
comply with the Clean Air Act (42 U.S.C. 7401 et seq.).
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 34 percent requirement is being met
in that fiscal year.
* * * * * * *
[(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.]
* * * * * * *
(h) Treatment of Canceled or Reduced Grant Obligations.--For
the purpose of determining compliance with a limitation,
enacted in an appropriations Act, on the amount of grant
obligations of funds made available by section 48103 that may
be incurred in a fiscal year, an amount that is recovered by
canceling or reducing a grant obligation of funds made
available by section 48103 shall be treated as a negative
obligation that is to be netted against the obligation
limitation as enacted and thus may permit the obligation
limitation to be exceeded by an equal amount.
Sec. 47118. Designating current and former military airports
(a) * * *
* * * * * * *
(e) Terminal Building Facilities.--Not more than [$7,000,000]
$10,000,000 for each airport from amounts the Secretary
distributes under section 47115 of this title for a fiscal year
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) * * *
* * * * * * *
(f) Parking Lots, Fuel Farms, Utilities, Hangars and Air
Cargo Terminals.--Not more than a total of [$7,000,000]
$10,000,000 for each airport from amounts the Secretary
distributes under section 47115 of this title for fiscal years
beginning after September 30, 1992, 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.
* * * * * * *
Sec. 47119. Terminal development costs
[(a) Repaying Borrowed Money.--An amount apportioned under
section 47114 of this title and made available to the sponsor
of an air carrier airport at which terminal development was
carried out after June 30, 1970, and before July 12, 1976, or,
in the case of a commercial service airport which annually had
less than 0.05 percent of the total enplanements in the United
States, between January 1, 1992, and October 31, 1992, is
available to repay immediately money borrowed and used to pay
the costs for terminal development at the airport, if those
costs would be allowable project costs under section 47110(d)
of this title if they had been incurred after September 3,
1982. An amount is available for a grant under this
subsection--
[(1) only if--
[(A) the sponsor submits the certification
required under section 47110(d) of this title;
[(B) the Secretary of Transportation decides
that using the amount to repay the borrowed
money will not defer an airport development
project outside the terminal area at that
airport; and
[(C) amounts available for airport
development under this subchapter will not be
used for additional terminal development
projects at the airport for at least 3 years
beginning on the date the grant is used to
repay the borrowed money; and
[(2) subject to the limitations in subsection (b)(1)
and (2) of this section.]
(a) Repaying Borrowed Money.--
(1) Terminal development costs incurred after june
30, 1970, and before july 12, 1976.--An amount
apportioned under section 47114 and made available to
the sponsor of a commercial service airport at which
terminal development was carried out after June 30,
1970, and before July 12, 1976, is available to repay
immediately money borrowed and used to pay the costs
for such terminal development if those costs would be
allowable project costs under section 47110(d) if they
had been incurred after September 3, 1982.
(2) Terminal development costs incurred between
january 1, 1992, and october 31, 1992.--An amount
apportioned under section 47114 and made available to
the sponsor of a nonhub airport at which terminal
development was carried out between January 1, 1992,
and October 31, 1992, is available to repay immediately
money borrowed and to pay the costs for such terminal
development if those costs would be allowable project
costs under section 47110(d).
(3) Terminal development costs at primary airports.--
An amount apportioned under section 47114 or available
under subsection (b)(3) to a primary airport--
(A) that was a nonhub airport in the most
recent year used to calculate apportionments
under section 47114;
(B) that is a designated airport under
section 47118 in fiscal year 2003; and
(C) at which terminal development is carried
out between January 2003 and August 2004,
is available to repay immediately money borrowed and
used to pay the costs for such terminal development if
those costs would be allowable project costs under
section 47110(d).
(4) Conditions for grant.--An amount is available for
a grant under this subsection only if--
(A) the sponsor submits the certification
required under section 47110(d);
(B) the Secretary of Transportation decides
that using the amount to repay the borrowed
money will not defer an airport development
project outside the terminal area at that
airport; and
(C) amounts available for airport development
under this subchapter will not be used for
additional terminal development projects at the
airport for at least 3 years beginning on the
date the grant is used to repay the borrowed
money.
(5) Applicability of certain limitations.--A grant
under this subsection shall be subject to the
limitations in subsection (b)(1) and (2).
(b) Availability of Amounts.--In a fiscal year, the Secretary
may make available--
(1) * * *
* * * * * * *
(3) for use by a primary airport that each year does
not have more than .05 percent of the total boardings
in the United States, any part of amounts that may be
distributed for the fiscal year from the discretionary
fund and small airport fund to pay project costs
allowable under section 47110(d) of this title; [or]
(4) not more than $25,000,000 to pay project costs
allowable for the fiscal year under section 47110(d) of
this title for projects at commercial service airports
that were not eligible for assistance for terminal
development during the fiscal year ending September 30,
1980, under section 20(b) of the Airport and Airway
Development Act of 1970[.]; or
(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year
under section 47114(d)(3)(A) for project costs
allowable under section 47110(d).
* * * * * * *
Sec. 47124. Agreements for State and local operation of airport
facilities
(a) * * *
(b) Air Traffic Control Contract Program.--(1) 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,] on date of enactment of the Flight 100--Century of
Aviation Reauthorization Act and extend the program to other
towers as practicable.
* * * * * * *
(3) Contract air traffic control tower [pilot]
program.--
(A) In general.--The Secretary shall
establish a [pilot] 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
[pilot] program, the Secretary shall--
(i) * * *
* * * * * * *
(C) Priority.--In selecting facilities to
participate in the [pilot] program, the
Secretary shall give priority to the following
facilities:
(i) * * *
* * * * * * *
(D) Costs exceeding benefits.--If the costs
of operating an air traffic tower under the
[pilot] 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.
(E) Funding.--Of the amounts appropriated
pursuant to section 106(k), not more than
[$6,000,000 per fiscal year] $6,500,000 for
fiscal year 2004, $7,000,000 for fiscal year
2005, $7,500,000 for fiscal year 2006, and
$8,000,000 for fiscal year 2007 may be used to
carry out this paragraph.
(4) Construction of air traffic control towers.--
(A) * * *
(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
* * * * * * *
(C) Limitation on federal share.--The Federal
share of the cost of construction of a
nonapproach control tower under this paragraph
may not exceed [$1,100,000] $1,500,000.
* * * * * * *
[Sec. 47130. Airport safety data collection
[Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration may
contract, using sole source or limited source authority, for
the collection of airport safety data.]
Sec. 47130. Airport safety data collection
Notwithstanding any other provision of law, the Administrator
of the Federal Aviation Administration may award a contract,
using sole source or limited source authority, or enter into a
cooperative agreement with, or provide a grant from amounts
made available under section 48103 to, a private company or
entity for the collection of airport safety data. In the event
that a grant is provided under this section, the United States
Government's share of the cost of the data collection shall be
100 percent.
* * * * * * *
Sec. 47134. Pilot program on private ownership of airports
(a) * * *
(b) Approval of Applications.--The Secretary may approve,
with respect to not more than 5 airports, applications
submitted under subsection (a) granting exemptions from the
following provisions:
(1) Use of revenues.--
(A) In general.--The Secretary may grant an
exemption to a sponsor from the provisions of
sections 47107(b) and 47133 of this title (and
any other law, regulation, or grant assurance)
to the extent necessary to permit the sponsor
to recover from the sale or lease of the
airport such amount as may be approved--
[(i) by at least 65 percent of the
air carriers serving the airport; and
[(ii) by air carriers whose aircraft
landing at the airport during the
preceding calendar year had a total
landed weight during the preceding
calendar year of at least 65 percent of
the total landed weight of all aircraft
landing at the airport during such
year.]
(i) in the case of a primary airport,
by at least 65 percent of the scheduled
air carriers serving the airport and by
scheduled and nonscheduled air carriers
whose aircraft landing at the airport
during the preceding calendar year, had
a total landed weight during the
preceding calendar year of at least 65
percent of the total landed weight of
all aircraft landing at the airport
during such year; or
(ii) by the Secretary at any
nonprimary airport after the airport
has consulted with at least 65 percent
of the owners of aircraft based at that
airport, as determined by the
Secretary.
(B) Objection to exemption.--An air carrier
shall be deemed to have approved a sponsor's
application for an exemption under subparagraph
(A) unless the air carrier has submitted an
objection, in writing, to the sponsor within 60
days of the filing of the sponsor's application
with the Secretary, or within 60 days of the
service of the application upon that air
carrier, whichever is later.
[(B)] (C) Landed weight defined.--In this
paragraph, the term ``landed weight'' means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary
determines under regulations the Secretary
prescribes.
* * * * * * *
Sec. 47135. Innovative financing techniques
(a) In General.--The Secretary of Transportation may approve
after the date of enactment of the Flight 100--Century of
Aviation Reauthorization Act applications for not more than
[20] 10 airport development projects for which grants received
under this subchapter may be used for innovative financing
techniques. [Such projects shall be located at airports that
each year have less than .25 percent of the total number of
passenger boardings each year at all commercial service
airports in the most recent calendar year for which data is
available.] Such projects shall be located at airports that are
not medium or large hub airports.
* * * * * * *
(c) Limitations.--
(1) * * *
(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
[(A) payment of interest;
[(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development;]
[(C)] (A) flexible non-Federal matching
requirements; and
[(D)] (B) use of funds apportioned under
section 47114 for the payment of principal and
interest of terminal development for costs
incurred before the date of the enactment of
this section.
* * * * * * *
Sec. 47137. Airport security program
(a) * * *
* * * * * * *
(e) Administration.--The Secretary, in cooperation with the
Secretary of Homeland Security, shall administer the program
authorized by this section.
[(e)] (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.
[(f)] (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. 47138. Emission credits for air quality projects
(a) In General.--The Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall
jointly agree on how to assure that airport sponsors receive
appropriate emission credits for carrying out projects
described in sections 40117(a)(3)(G), 47102(3)(K), and
47102(3)(L). Such agreement must 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.--
(1) In general.--As a condition for making a grant
for a project described in section 47102(3)(K),
47102(3)(L), or 47139 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),
47102(3)(K), 47102(3)(L), or 47139, 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.
(2) Agreement on previously approved projects.--The
Secretary and the Administrator of the Environmental
Protection Agency shall jointly agree on how to provide
emission credits to airport projects previously
approved under section 47136 under terms consistent
with the conditions enumerated in this section.
Sec. 47139. Airport ground support equipment emissions retrofit pilot
program
(a) In General.--The Secretary of Transportation shall carry
out a pilot program at not more than 10 commercial service
airports under which the sponsors of such airports may use an
amount made available under section 48103 to retrofit existing
eligible airport ground support equipment that burns
conventional fuels to achieve lower emissions utilizing
emission control technologies certified or verified by the
Environmental Protection Agency.
(b) Location in Air Quality Nonattainment or Maintenance
Areas.--A commercial service 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)) or a
maintenance area referred to in section 175A of such Act (42
U.S.C. 7505a).
(c) Selection Criteria.--In selecting from among applicants
for participation in the pilot 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 pilot
program.
(d) Maximum Amount.--Not more than $500,000 may be expended
under the pilot program at any single commercial service
airport.
(e) Guidelines.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish guidelines regarding the types of retrofit projects
eligible under the pilot program by considering remaining
equipment useful life, amounts of emission reduction in
relation to the cost of projects, and other factors necessary
to carry out this section. The Secretary may give priority to
ground support equipment owned by the airport and used for
airport purposes.
(f) Eligible Equipment Defined.--In this section, the term
``eligible equipment'' means ground service or maintenance
equipment that is located at the airport, is used to support
aeronautical and related activities at the airport, and will
remain in operation at the airport for the life or useful life
of the equipment, whichever is earlier.
Sec. 47140. Compatible land use planning and projects by State and
local governments
(a) In General.--The Secretary of Transportation may make
grants from amounts set aside under section 47117(e)(1)(A) to
States and units of local government for land use compatibility
plans or projects resulting from those plans for the purposes
of making the use of land areas around large hub airports and
medium hub airports compatible with aircraft operations if--
(1) the airport operator has not submitted a noise
compatibility program to the Secretary under section
47504 or has not updated such program within the past
10 years; and
(2) the land use plan meets the requirements of this
section and any project resulting from the plan meets
such requirements.
(b) Eligibility.--In order to receive a grant under this
section, a State or unit of local government must--
(1) have the authority to plan and adopt land use
control measures, including zoning, in the planning
area in and around a large or medium hub airport;
(2) provide written assurance to the Secretary that
it will work with the affected airport to identify and
adopt such measures; and
(3) provide written assurance to the Secretary that
it will achieve, to the maximum extent possible,
compatible land uses consistent with Federal land use
compatibility criteria under section 47502(3) and that
those compatible land uses will be maintained.
(c) Assurances.--The Secretary shall require a State or unit
of local government to which a grant may be awarded under this
section for a land use plan or a project resulting from such a
plan to provide--
(1) assurances satisfactory to the Secretary that the
plan--
(A) is reasonably consistent with the goal of
reducing existing noncompatible land uses and
preventing the introduction of additional
noncompatible land uses;
(B) addresses ways to achieve and maintain
compatible land uses, including zoning,
building codes, and any other projects under
section 47504(a)(2) that are within the
authority of the State or unit of local
government to implement;
(C) uses noise contours provided by the
airport operator that are consistent with the
airport operation and planning, including any
noise abatement measures adopted by the airport
operator as part of its own noise mitigation
efforts;
(D) does not duplicate, and is not
inconsistent with, the airport operator's noise
compatibility measures for the same area; and
(E) has received concurrence by the airport
operator prior to adoption by the State or unit
of local government; and
(2) such other assurances as the Secretary determines
to be necessary to carry out this section.
(d) Guidelines.--The Secretary shall establish guidelines to
administer this section in accordance with the purposes and
conditions described in this section. The Secretary may require
the State or unit of local government to which a grant may be
awarded under this section to provide progress reports and
other information as the Secretary determines to be necessary
to carry out this section.
(e) Eligible Projects.--The Secretary may approve a grant
under this section to a State or unit of local government for a
land use compatibility project only if the Secretary is
satisfied that the project is consistent with the guidelines
established by the Secretary under this section, that the State
or unit of local government has provided the assurances
required by this section, that the Secretary has received
evidence that the State or unit of local government has
implemented (or has made provision to implement) those elements
of the plan that are not eligible for Federal financial
assistance, and that the project is not inconsistent with
Federal standards.
(f) Sunset.--This section shall not be in effect after
September 30, 2007.
Sec. 47141. Prohibition on rent-free space requirements for Federal
Aviation Administration
(a) In General.--The Secretary of Transportation may not
require an airport sponsor to provide to the Federal Aviation
Administration, without compensation, space in a building owned
by the sponsor and costs associated with such space for
building construction, maintenance, utilities, and other
expenses.
(b) Negotiated Agreements.--Subsection (a) does not
prohibit--
(1) the negotiation of agreements between the
Secretary and an airport sponsor to provide building
construction, maintenance, utilities and expenses, or
space in airport sponsor-owned buildings to the Federal
Aviation Administration without cost or at below-market
rates; or
(2) the Secretary of Transportation from requiring
airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control
facilities.
* * * * * * *
SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
Sec. 47171. DOT as lead agency
(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review
process for airport capacity enhancement projects at congested
airports.
(b) Coordinated Reviews.--
(1) In general.--The coordinated review process under
this section shall provide that all environmental
reviews, analyses, opinions, permits, licenses, and
approvals that must be issued or made by a Federal
agency or airport sponsor for an airport capacity
enhancement project at a congested airport will be
conducted concurrently, to the maximum extent
practicable, and completed within a time period
established by the Secretary, in cooperation with the
agencies identified under subsection (c) with respect
to the project.
(2) Agency participation.--Each Federal agency
identified under subsection (c) shall formulate and
implement administrative, policy, and procedural
mechanisms to enable the agency to ensure completion of
environmental reviews, analyses, opinions, permits,
licenses, and approvals described in paragraph (1) in a
timely and environmentally responsible manner.
(c) Identification of Jurisdictional Agencies.--With respect
to each airport capacity enhancement project at a congested
airport, the Secretary shall identify, as soon as practicable,
all Federal and State agencies that may have jurisdiction over
environmental-related matters that may be affected by the
project or may be required by law to conduct an environmental-
related review or analysis of the project or determine whether
to issue an environmental-related permit, license, or approval
for the project.
(d) State Authority.--If a coordinated review process is
being implemented under this section by the Secretary with
respect to a project at an airport within the boundaries of a
State, the State, consistent with State law, may choose to
participate in such process and provide that all State agencies
that have jurisdiction over environmental-related matters that
may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the
project or determine whether to issue an environmental-related
permit, license, or approval for the project, be subject to the
process.
(e) Memorandum of Understanding.--The coordinated review
process developed under this section may be incorporated into a
memorandum of understanding for a project between the Secretary
and the heads of other Federal and State agencies identified
under subsection (c) with respect to the project and the
airport sponsor.
(f) Effect of Failure To Meet Deadline.--
(1) Notification of congress and ceq.--If the
Secretary determines that a Federal agency, State
agency, or airport sponsor that is participating in a
coordinated review process under this section with
respect to a project has not met a deadline established
under subsection (b) for the project, the Secretary
shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of
the Senate, the Council on Environmental Quality, and
the agency or sponsor involved about the failure to
meet the deadline.
(2) Agency report.--Not later than 30 days after date
of receipt of a notice under paragraph (1), the agency
or sponsor involved shall submit a report to the
Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of
the Senate, and the Council on Environmental Quality
explaining why the agency or sponsor did not meet the
deadline and what actions it intends to take to
complete or issue the required review, analysis,
opinion, permit, license, or approval.
(g) Purpose and Need.--For any environmental review,
analysis, opinion, permit, license, or approval that must be
issued or made by a Federal or State agency that is
participating in a coordinated review process under this
section with respect to an airport capacity enhancement project
at a congested airport and that requires an analysis of purpose
and need for the project, the agency, notwithstanding any other
provision of law, shall be bound by the project purpose and
need as defined by the Secretary.
(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement
project at a congested airport. Any other Federal or State
agency that is participating in a coordinated review process
under this section with respect to the project shall consider
only those alternatives to the project that the Secretary has
determined are reasonable.
(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and
consider comments from interested persons and governmental
entities.
(j) Monitoring by Task Force.--The Transportation
Infrastructure Streamlining Task Force, established by
Executive Order 13274 (67 Fed. Reg. 59449; relating to
environmental stewardship and transportation infrastructure
project reviews), may monitor airport projects that are subject
to the coordinated review process under this section.
Sec. 47172. Categorical exclusions
Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and
publish a list of categorical exclusions from the requirement
that an environmental assessment or an environmental impact
statement be prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for projects at airports.
Sec. 47173. Access restrictions to ease construction
At the request of an airport sponsor for a congested airport,
the Secretary of Transportation may approve a restriction on
use of a runway to be constructed at the airport to minimize
potentially significant adverse noise impacts from the runway
only if the Secretary determines that imposition of the
restriction--
(1) is necessary to mitigate those impacts and
expedite construction of the runway;
(2) is the most appropriate and a cost-effective
measure to mitigate those impacts, taking into
consideration any environmental tradeoffs associated
with the restriction; and
(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of
the national airspace system, unjustly discriminate
against any class of user of the airport, or impose an
undue burden on interstate or foreign commerce.
Sec. 47174. Airport revenue to pay for mitigation
(a) In General.--Notwithstanding section 47107(b), section
47133, or any other provision of this title, the Secretary of
Transportation may allow an airport sponsor carrying out an
airport capacity enhancement project at a congested airport to
make payments, out of revenues generated at the airport
(including local taxes on aviation fuel), for measures to
mitigate the environmental impacts of the project if the
Secretary finds that--
(1) the mitigation measures are included as part of,
or support, the preferred alternative for the project
in the documentation prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) the use of such revenues will provide a
significant incentive for, or remove an impediment to,
approval of the project by a State or local government;
and
(3) the cost of the mitigation measures is reasonable
in relation to the mitigation that will be achieved.
(b) Mitigation of Aircraft Noise.--Mitigation measures
described in subsection (a) may include the insulation of
residential buildings and buildings used primarily for
educational or medical purposes to mitigate the effects of
aircraft noise and the improvement of such buildings as
required for the insulation of the buildings under local
building codes.
Sec. 47175. 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.
(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. 47176. Authorization of appropriations
In addition to the amounts authorized to be appropriated
under section 106(k), there is authorized to 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), $4,200,000 for fiscal
year 2004 and for each fiscal year thereafter to facilitate the
timely processing, review, and completion of environmental
activities associated with airport capacity enhancement
projects at congested airports.
Sec. 47177. Designation of aviation safety and aviation security
projects for priority environmental review
(a) In General.--The Administrator of the Federal Aviation
Administration may designate an aviation safety or aviation
security project for priority environmental review. The
Administrator may not delegate this designation authority.
(b) Project Designation Criteria.--The Administrator shall
establish guidelines for the designation of an aviation safety
or aviation security project for priority environmental review.
Such guidelines shall include consideration of--
(1) the importance or urgency of the project;
(2) the potential for undertaking the environmental
review under existing emergency procedures under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(3) the need for cooperation and concurrent reviews
by other Federal or State agencies; and
(4) the prospect for undue delay if the project is
not designated for priority review.
(c) Coordinated Environmental Reviews.--
(1) Timelines and high priority for coordinated
environmental reviews.--The Administrator, in
consultation with the heads of affected agencies, shall
establish specific timelines for the coordinated
environmental review of an aviation safety or aviation
security project designated under subsection (a). Such
timelines shall be consistent with the timelines
established in existing laws and regulations. Each
Federal agency with responsibility for project
environmental reviews, analyses, opinions, permits,
licenses, and approvals shall accord any such review a
high priority and shall conduct the review
expeditiously and, to the maximum extent possible,
concurrently with other such reviews.
(2) Agency participation.--Each Federal agency
identified under subsection (c) shall formulate and
implement administrative, policy, and procedural
mechanisms to enable the agency to ensure completion of
environmental reviews, analyses, opinions, permits,
licenses, and approvals described in paragraph (1) in a
timely and environmentally responsible manner.
(d) State Participation.--
(1) Invitation to participate.--If a priority
environmental review process is being implemented under
this section with respect to a project within the
boundaries of a State with applicable State
environmental requirements and approvals, the
Administrator shall invite the State to participate in
the process.
(2) State choice.--A State invited to participate in
a priority environmental review process, consistent
with State law, may choose to participate in such
process and direct that all State agencies, which have
jurisdiction by law to conduct an environmental review
or analysis of the project to determine whether to
issue an environmentally related permit, license, or
approval for the project, be subject to the process.
(e) Failure To Give Priority Review.--
(1) Notice.--If the Secretary of Transportation
determines that a Federal agency or a participating
State is not complying with the requirements of this
section and that such noncompliance is undermining the
environmental review process, the Secretary shall
notify, within 30 days of such determination, the head
of the Federal agency or, with respect to a State
agency, the Governor of the State.
(2) Report to secretary.--A Federal agency that
receives a copy of a notification relating to that
agency made by the Secretary under paragraph (1) shall
submit, within 30 days after receiving such copy, a
written report to the Secretary explaining the reasons
for the situation described in the notification and
what remedial actions the agency intends to take.
(3) Notification of ceq and committees.--If the
Secretary determines that a Federal agency has not
satisfactorily addressed the problems within a
reasonable period of time following a notification
under paragraph (1), the Secretary shall notify the
Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Commerce,
Science and Transportation of the Senate, and the
Council on Environmental Quality.
(f) Procedural provisions.--The procedures set forth in
subsections (c), (e), (g), (h), and (i) of section 47171 shall
apply with respect to an aviation safety or aviation security
project under this section in the same manner and to the same
extent as such procedures apply to an airport capacity
enhancement project at a congested airport under section 47171.
(g) Definitions.--In this section, the following definitions
apply:
(1) 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; or
(ii) is necessary for an airport to comply
with part 139 of title 14, Code of Federal
Regulations (relating to airport
certification).
(2) Aviation security project.--The term ``aviation
security project'' means a security project at an
airport required by the Department of Homeland
Security.
(3) Federal agency.--The term ``Federal agency''
means a department or agency of the United States
Government.
Sec. 47178. 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.
(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.
* * * * * * *
CHAPTER 475--NOISE
* * * * * * *
SUBCHAPTER I--NOISE ABATEMENT
* * * * * * *
Sec. 47503. Noise exposure maps
(a) Submission and Preparation.--An airport operator may
submit to the Secretary of Transportation a noise exposure map
showing the noncompatible uses in each area of the map on the
date the map is submitted, a description of estimated aircraft
operations during [1985,] a forecast period that is at least 5
years in the future and how those operations will affect the
map. The map shall--
(1) * * *
* * * * * * *
[(b) Revised Maps.--If a change in the operation of an
airport will establish a substantial new noncompatible use in
an area surrounding the airport, the airport operator shall
submit a revised noise exposure map to the Secretary showing
the new noncompatible use.]
(b) Revised Maps.--If, in an area surrounding an airport, a
change in the operation of the airport would establish a
substantial new noncompatible use, or would significantly
reduce noise over existing noncompatible uses, that is not
reflected in either the existing conditions map or forecast map
currently on file with the Federal Aviation Administration, the
airport operator shall submit a revised noise exposure map to
the Secretary showing the new noncompatible use or noise
reduction.
Sec. 47504. Noise compatibility programs
(a) * * *
* * * * * * *
(c) Grants.--(1) * * *
(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) * * *
* * * * * * *
(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; [and]
(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 47178) 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 47178) even if that airport
has not met the requirements of part 150 of
title 14, Code of Federal Regulations.
* * * * * * *
PART C--FINANCING
CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
Sec.
48101. Air navigation facilities and equipment.
* * * * * * *
48114. Funding to the Secretary of Interior for Midway Island Airport.
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) $2,131,000,000 for fiscal year 1999.
[(2) $2,689,000,000 for fiscal year 2000.
[(3) $2,656,765,000 for fiscal year 2001.
[(4) $2,914,000,000 for fiscal year 2002.
[(5) $2,981,022,000 for fiscal year 2003.]
(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; and
(4) $3,110,000,000 for fiscal year 2007.
[(b) Major Airway Capital Investment Plan Changes.--If the
Secretary decides that it is necessary to augment or
substantially modify elements of the Airway Capital Investment
Plan referred to in section 44501(b) of this title (including a
decision that it is necessary to establish more than 23 area
control facilities), not more than $100,000,000 may be
appropriated to the Secretary out of the Fund for the fiscal
year ending September 30, 1994, to carry out the augmentation
or modification.]
[(c)] (b) Availability of Amounts.--Amounts appropriated
under this section remain available until expended.
[(d) Universal Access Systems.--Of the amounts appropriated
under subsection (a) for fiscal year 2001, $8,000,000 may be
used for the voluntary purchase and installation of universal
access systems.
[(e) Alaska National Air Space Communications System.--Of the
amounts appropriated under subsection (a) for fiscal year 2001,
$7,200,000 may be used by the Administrator of the Federal
Aviation Administration for the Alaska National Air Space
Interfacility Communications System if the Administrator issues
a report supporting the use of such funds for the System.]
(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), $20,000,000 for each
of fiscal years 2004 through 2007 may be used to document and
demonstrate the operational benefits of a wake vortex advisory
system.
(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), $20,000,000 for each of
fiscal years 2004 to 2007 may be used to establish a program
for the installation, operation, and maintenance of a closed-
loop 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 has been certified or
approved by the Administrator.
(f) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Of the amounts appropriated under
subsection (a) [for fiscal years beginning after September 30,
2000], 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.
* * * * * * *
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
The total amounts which shall be available after September
30, [1998] 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) $2,410,000,000 for fiscal year 1999;
[(2) $2,475,000,000 for fiscal year 2000;
[(3) $3,200,000,000 for fiscal year 2001;
[(4) $3,300,000,000 for fiscal year 2002; and
[(5) $3,400,000,000 for fiscal year 2003.]
(1) $3,400,000,000 for fiscal year 2004;
(2) $3,600,000,000 for fiscal year 2005;
(3) $3,800,000,000 for fiscal year 2006; and
(4) $4,000,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
* * * * * * *
Sec. 48114. Funding to the Secretary of Interior for Midway Island
Airport
The following amounts shall be available (and shall remain
available until expended) to the Secretary of Interior, 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
airport capital projects at the Midway Island Airport:
(1) $750,000 for fiscal year 2004.
(2) $2,500,000 for fiscal year 2005.
(3) $1,000,000 for fiscal year 2006.
(4) $1,000,000 for fiscal year 2007.
* * * * * * *
PART D--PUBLIC AIRPORTS
CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
* * * * * * *
Sec. 49108. Limitations
After October 1, [2004] 2007, the Secretary of Transportation
may not approve an application of the Metropolitan Washington
Airports Authority--
(1) * * *
* * * * * * *
----------
WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
* * * * * * *
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
* * * * * * *
SEC. 106. 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
[2003] 2007 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).
* * * * * * *
(2) Additional authorizations of appropriations from
the general fund.--In any fiscal year through fiscal
year [2003] 2007, 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.
* * * * * * *
(c) Enforcement of Guarantees.--
(1) * * *
(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 [2003] 2007 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.
* * * * * * *
Subtitle B--Airport Development
* * * * * * *
SEC. 139. DESIGN-BUILD CONTRACTING.
(a) * * *
* * * * * * *
(e) Expiration of Authority.--The authority of the
Administrator to carry out the pilot program under this section
shall expire on September 30, [2003] 2007.
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AVIATION AND TRANSPORTATION SECURITY ACT
* * * * * * *
TITLE I--AVIATION SECURITY
* * * * * * *
SEC. 124. TECHNICAL CORRECTIONS.
(a) * * *
(b) Insurance and Reinsurance of Aircraft.--Section 44306(c)
(as redesignated by section 201(d) of such Act) is amended by
inserting ``in the interest of air commerce or national
security or'' before ``[to carry out foreign policy] to carry
out the foreign policy''.
* * * * * * *
SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.
(a) * * *
* * * * * * *
(c) Sunset.--This section does not apply to air
transportation the suspension, interruption, or discontinuance
of which occurs [more than 18 months after] more than 36 months
after the date of enactment of this Act.
* * * * * * *
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TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(27) ``Nuclear materials courier''--
(A) * * *
(B) includes an employee who is transferred
directly to a supervisory or administrative
position within the same Department of Energy
organization, after performing duties referred
to in subparagraph (A) for at least 3 years;
[and]
(28) ``Government physician'' has the meaning given
that term under section 5948[.]; and
(29) ``air traffic controller'' or ``controller''
means--
(A) a controller within the meaning of
section 2109(1); and
(B) a civilian employee of the Department of
Transportation or the Department of Defense
holding a supervisory, managerial, executive,
technical, semiprofessional, or professional
position for which experience as a controller
(within the meaning of section 2109(1)) is a
prerequisite.
* * * * * * *
Sec. 8335. Mandatory separation
(a) An air traffic controller shall be separated from the
service on the last day of the month in which he becomes 56
years of age or completes the age and service requirements for
an annuity under section 8336(e), whichever occurs later. The
Secretary, under such regulations as he may prescribe, may
exempt a controller having exceptional skills and experience as
a controller from the automatic separation provisions of this
subsection until that controller becomes 61 years of age. The
Secretary shall notify the controller in writing of the date of
separation at least 60 days before that date. Action to
separate the controller is not effective, without the consent
of the controller, until the last day of the month in which the
60-day notice expires. For purposes of this subsection, the
term ``air traffic controller'' or ``controller'' has the
meaning given to it under section 8331(29)(A).
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 8401. Definitions
For the purpose of this chapter--
(1) * * *
* * * * * * *
(33) ``Nuclear materials courier'' has the meaning
given that term in section 8331(27); [and]
(34) the term ``Government physician'' has the
meaning given such term under section 5948[.]; and
(35) ``air traffic controller'' or ``controller''
means--
(A) a controller within the meaning of
section 2109(1); and
(B) a civilian employee of the Department of
Transportation or the Department of Defense
holding a supervisory, managerial, executive,
technical, semiprofessional, or professional
position for which experience as a controller
(within the meaning of section 2109(1)) is a
prerequisite.
* * * * * * *
SUBCHAPTER II--BASIC ANNUITY
* * * * * * *
Sec. 8425. Mandatory separation
(a) An air traffic controller who is otherwise eligible for
immediate retirement under section 8412(e) shall be separated
from the service on the last day of the month in which that air
traffic controller becomes 56 years of age or completes 20
years of service if then over that age. The Secretary, under
such regulations as the Secretary may prescribe, may exempt a
controller having exceptional skills and experience as a
controller from the automatic separation provisions of this
subsection until that controller becomes 61 years of age. The
Secretary shall notify the controller in writing of the date of
separation at least 60 days before that date. Action to
separate the controller is not effective, without the consent
of the controller, until the last day of the month in which the
60-day notice expires. For purposes of this subsection, the
term ``air traffic controller'' or ``controller'' has the
meaning given to it under section 8401(35)(A).
* * * * * * *