[House Report 108-146]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-146
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 2115, FLIGHT 100--CENTURY OF
AVIATION REAUTHORIZATION ACT
_______
June 10, 2003.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Lincoln Diaz-Balart of Florida, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 265]
The Committee on Rules, having had under consideration
House Resolution 265, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 2115,
Flight 100--Century of Aviation Reauthorization Act, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Transportation and
Infrastructure.
The rule waives all points of order against consideration
of the bill. The rule makes in order the amendment in the
nature of a substitute recommended by the Committee on
Transportation and Infrastructure, as modified by the amendment
printed in part A of this report, as an original bill for the
purpose of amendment. The rule waives all points of order
against the amendment in the nature of a substitute.
The rule makes in order only those amendments printed in
part B of this report. Amendments printed in part B of this
report may be offered only in the order printed in this report,
may be offered only by a Member designated in this report,
shall be considered as read, shall be debatable for the time
specified in this report equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for a division of the
question in the House or in the Committee of the Whole. The
rule waives all points of order against the amendments printed
in this report. Finally, the rule provides one motion to
recommit with or without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 103
Date: June 10, 2003.
Measure: H.R. 2115, Flight 100--Century of Aviation
Reauthorization Act.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Waters which requires the Secretary of Homeland Security to
review the proposed project to construct a remote passenger
check-in facility at LAX to determine whether the project as
designed will protect the safety of air passengers and the
general public. Prohibits the construction of this project
until the Secretary has completed the review.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 104
Date: June 10, 2003.
Measure: H.R. 2115, Flight 100--Century of Aviation
Reauthorization Act.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Waters which prohibits federal grants and the imposition of
passenger fees to fund the construction of projects to expand
LAX, including the construction of a remote passenger check-in
facility at LAX.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
Part A--Summary of Amendment Considered as Adopted
Thomas: Extends the general expenditure authority and
purposes of the Trust Fund contained in section 9502(d) through
September 30, 2007. In addition, it would conform the Trust
Fund purposes under section 9502(d) with those contained in
H.R. 2115.
Part B--Summary of Amendments Made in Order Under the Rule
1. Mica: Manager's Amendment. Allows the Department of
Transportation to request information from the Department of
Homeland Security in order to help prepare its monthly report
on passenger complaints about screening. Directs FAA to publish
its policy on the use of passenger facility charge revenue for
ground access projects. Prohibits air tour flights from evening
to dawn over certain portions of the Grand Canyon. Allows DOT
to issue the 6 slots for service from Reagan National to a
small airport to an airline that is not a new entrant. Allows
76 seat regional jets to qualify for the commuter aircraft
slots at Reagan National. Requires small communities close to
hubs to pay their local share from any source other than
airport revenue. Allows DOT to increase the subsidy to a
commuter serving a small community if that commuter is
experiencing significantly increased costs. Allows an airline
to begin service to small community that used to have
subsidized essential air service without being subject to many
of the regulatory requirements of the essential air service
program. Revises the provision requiring aircraft manufacturers
to make maintenance manuals available to aircraft repair
stations in order to accommodate concerns expressed by the
manufacturers. Requires FAA to issue rules on Stage 4 noise
standards by July 1, 2004. Revisions provisions on crew
training to make clear that hands-on anti-hijacking training
for flight attendants is voluntarily and the airlines are not
required to pay for it or to pay flight attendants for the time
they spend if they choose to take it. Directs GAO to study how
airlines were compensated after 9/11, especially whether they
should be compensated for the devaluation of their aircraft.
Directs FAA to study whether certain aircraft operations in
Alaska can be performed under Part 91 of FAA rules. (20
minutes)
2. Norton: Repeals section 49108 of Title 49, which
requires the Metropolitan Washington Airports Authority (MWAA)
to appear before Congress before September 30, 2004 in order
for the Secretary of Transportation to approve an application
of MWAA for an airport development project grant or to impose a
passenger facility fee. (10 minutes)
3. Peterson (PA)/McHugh/Shuster: Strikes the local share
requirement for Essential Air Service communities less than 75
miles from a small hub or less than 170 miles from a medium or
large hub. (10 minutes)
4. Pitts: Provides the Secretary of Transportation shall
consult with the Governor, or his designee of the State in
which the airport in question is located as to the most
commonly used highway route between that airport and the
nearest large or medium hub airport. In addition, after
consultation with the Governor, the Secretary shall establish a
regulation providing for a consistent standard for calculating
the most commonly used route. (10 minutes)
5. Manzullo: Requires the Secretary of Transportation to
submit to Congress, within 90 days of enactment of the bill, a
report on waivers granted under the FAA ``Buy-American
Preferences'' provisions. The report shall, at minimum, include
a list of all waivers granted pertaining to that section, the
specific authority under such section for granting the waiver
and the rationale for granting the waiver. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
At the end of the bill, add the following new title:
TITLE VI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY.
Paragraph (1) of section 9502(d) of the Internal Revenue Code
of 1986 (relating to expenditures from Airport and Airway Trust
Fund) is amended--
(1) by striking ``October 1, 2003'' and inserting
``October 1, 2007'', and
(2) by inserting ``or the Flight 100--Century of
Aviation Reauthorization Act'' before the semicolon at
the end of subparagraph (A).
PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Mica of Florida, or His
Designee, Debatable for 20 Minutes
Page 46, strike line 20 and all that follows through page 47,
line 2, and insert the following:
``(2) Monthly reports from secretary of homeland
security.--To assist in the publication of data under
paragraph (1), the Secretary of Transportation may
request the Secretary of Homeland Security to
periodically report on the number of complaints about
security screening received by the Secretary of
Homeland Security.''.
Page 58, after line 24, insert the following:
(e) Eligibility of Airport Ground Access Transportation
Projects.--Not later than 60 days after the enactment of this
Act, the Administrator of the Federal Aviation Administration
shall publish in the Federal Register the current policy of the
Administration with respect to the eligibility of airport
ground access transportation projects for the use of passenger
facility fees under section 40117 of title 49, United States
Code.
Page 61, line 17, strike ``Section 41106(b) is amended'' and
all that follows through ``following'' on line 18 and insert
the following:
Subsections (a)(1), (b), and (c) of section 41106 are each
amended--
(1) by striking ``through a contract for airlift
service'' and inserting
Page 61, line 20, strike the period and insert ``; and''.
Page 61, after line 20, insert the following:
(2) by inserting ``through a contract for airlift
service'' after ``obtained''.
Page 62, strike lines 4 through 6 and insert the following:
(2) in subsections (b)(3)(A) and (b)(3)(B) by
inserting ``over a national park'' after
``operations'';
Page 62, after line 6, insert the following (and redesignate
subsequent paragraphs in section 409(a) of the bill
accordingly):
(3) in subsection (b)(3)(C) by inserting ``over a
national park that are also'' after ``operations'';
Page 63, line 14, after the period insert the following:
Commercial Special Flight Rules Area operations in the
Dragon and Zuni Point corridors of the Grand Canyon
National Park may not take place during the period
beginning 1 hour before sunset and ending 1 hour after
sunrise.
Page 71, line 13, strike ``six'' and insert ``without regard
to the criteria contained in subsection (b)(1), six''.
Page 72, strike line 24 and all that follows through page 73,
line 11, and insert the following:
(f) Commuters Defined.--
(1) In general.--Section 41718 is amended by adding
at the end the following:
``(f) Commuters Defined.--For purposes of aircraft operations
at Ronald Reagan Washington National Airport under subpart K of
part 93 of title 14, Code of Federal Regulations, the term
`commuters' means aircraft operations using aircraft having a
certificated maximum seating capacity of 76 or less.''.
(2) Regulations.--The Administrator of the Federal
Aviation Administration shall revise regulations to
take into account the amendment made by paragraph (1).
Page 75, line 22, after ``pay'' insert ``from local sources
other than airport revenues''.
Page 75, line 25, after ``2008'' insert ``and each fiscal
year thereafter''.
Page 76, after line 24, insert the following:
(4) Adjustments.--Section 41737 is amended by adding
at the end the following:
``(e) Adjustments to Account for Significantly Increased
Costs.--
``(1) In general.--If the Secretary determines that
air carriers are experiencing significantly increased
costs in providing air service or air transportation
under this subchapter, the Secretary may increase the
rates of compensation payable under this subchapter
without regard to any agreement or requirement relating
to the renegotiation of contracts or any notice
requirement under section 41734.
``(2) Significantly increased costs defined.--In this
subsection, the term `significantly increased costs'
means an average monthly cost increase of 10 percent or
more.''.
Page 78, line 20, before the comma insert the following:
or requirements contained in a subsequent appropriations Act
Page 78, after line 23, insert the following (and redesignate
subsequent subsections in section 415 of the bill accordingly):
(e) Exemption From Hold-In Requirements.--Section 41734 is
further amended by adding at the end the following:
``(j) Exemption From Hold-In Requirements.--If, after the
date of enactment of this subsection, an air carrier commences
air transportation to an eligible place that is not receiving
essential air service as a result of the failure of the
eligible place to meet requirements contained in an
appropriations Act, the air carrier shall not be subject to the
requirements of subsections (b) and (c) with respect to such
air transportation.''.
Page 83, line 21, strike ``3 years'' and insert ``4 years''.
Page 88, strike lines 11 through 13 and insert the following:
``(1) Make available.--The term `make available'
means providing at a fair and reasonable price. Such
price may include recurring and non-recurring costs
associated with post-certification development,
preparation, and distribution. Such price may not
include the initial product development costs related
to the issuance of a design approval.
Page 88, strike line 20 and all that follows through page 89,
line 6, and insert the following:
``(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 instructions and requirements for performing
maintenance and alteration.''
Page 89, strike line 19 and all that follows through page 90,
line 15, and insert the following:
``(3) To determine if design approval holders for
aircraft, aircraft engines, and propellers that are in
production on the date of enactment of this section and
for which application for a type certificate or
supplemental type certificate was made before January
29, 1981, should be required to make instructions for
continued airworthiness or maintenance manuals
available (including any changes thereto) to any person
required by Federal Aviation Administration rules to
comply with any of the terms of the instructions or
manuals.''
Page 90, line 16, strike ``(6)'' and insert ``(4)''.
Page 90, after line 17, insert the following:
``(d) Deadlines for Rulemaking.--
``(1) Notice of proposed rulemaking.--The
Administrator shall issue a notice of proposed
rulemaking to carry out subsection (c) not later than
one year after the date of enactment of this section.
``(2) Final rule.--The Administrator shall issue a
final rule with respect to subsection (c) not later
than one year after the final date for the submission
of comments with respect to the proposed rulemaking.
``(e) Enforcement of Current Regulation.--The Administrator
shall review design approval holders that were required to
produce instructions for continued airworthiness under section
21.50(b) of title 14, Code of Federal Regulations. If the
Administrator determines that a design approval holder has not
produced such instructions, the Administrator shall require the
design approval holder to prepare such instructions and make
them available as required by this section not later than 1
year after the design approval holder is notified by the
Administrator of the determination.''
Page 90, line 18, strike ``(d)'' and insert ``(f)''.
Page 95, before line 1, insert the following:
(c) Review.--The first sentence of section 46110(a) is
amended by striking ``part'' and inserting ``subtitle''.
Page 96, line 22, strike ``air carrier'' and insert
``employer''.
Page 112, strike lines 4 through 6 and insert the following:
(b) Limitation.--Subsection (a) shall not apply to a Federal
Aviation Administration air traffic control tower operated
under the contract tower program on the date of enactment of
this Act or to any expansion of that program under section
47124(b)(3) or 47124(b)(4) of title 49, United States Code.
Page 113, line 21, after ``Transportation'' insert ``, in
consultation with the Secretary of Defense,''.
Page 113, lines 24 and 25, strike ``9 months after the date
of enactment of this Act'' and insert ``September 30, 2004''.
Page 118, after line 13, insert the following:
(c) Description of Changes to Improve Operations.--A report
transmitted by the Administrator under this section shall
include a description of any changes in procedures or
requirements that could improve operational efficiency or
minimize operational impacts of the ADIZ on pilots and
controllers. This portion of the report may be transmitted in
classified or unclassified form.
Page 118, line 14, strike ``(c)'' and insert ``(d)''.
Page 120, after line 5, insert the following (and conform the
table of contents of the bill accordingly):
SEC. 443. CHARTER AIRLINES.
(a) In General.--Section 41104(b)(1) is amended--
(1) by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (4)'';
(2) by inserting a comma after ``regularly scheduled
charter air transportation''; and
(3) by striking ``flight unless such air
transportation'' and all that follows through the
period at the end and inserting the following:
``flight, to or from an airport that--
``(A) does not have an airport operating
certificate issued under part 139 of title 14,
Code of Federal Regulations (or any subsequent
similar regulation); or
``(B) has an airport operating certificate
issued under part 139 of title 14, Code of
Federal Regulations (or any subsequent similar
regulation) if the airport--
``(i) is a reliever airport (as
defined in section 47102) and is
designated as such in the national plan
of integrated airports maintained under
section 47103; and
``(ii) is located within 20 nautical
miles (22 statute miles) of 3 or more
airports that annually account for at
least 1 percent of the total United
States passenger enplanements and at
least 2 of which are operated by the
sponsor of the reliever airport.''.
(b) Waivers.--Section 41104(b) is amended by adding at the
end the following:
``(4) Waivers.--The Secretary may waive the
application of paragraph (1)(B) in cases in which the
Secretary determines that the public interest so
requires.''.
SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.
Not later than July 1, 2004, the Secretary of Transportation
shall issue regulations to implement Chapter 4 noise standards,
consistent with the recommendations adopted by the
International Civil Aviation Organization.
SEC. 445. CREW TRAINING.
Section 44918 is amended to read as follows:
``Sec. 44918. Crew training
``(a) Basic Security Training.--
``(1) In general.--Each air carrier providing
scheduled passenger air transportation shall carry out
a training program for flight and cabin crew members to
prepare the crew members for potential threat
conditions.
``(2) Program elements.--An air carrier training
program under this subsection shall include, at a
minimum, elements that address each of the following:
``(A) Recognizing suspicious activities and
determining the seriousness of any occurrence.
``(B) Crew communication and coordination.
``(C) The proper commands to give passengers
and attackers.
``(D) Appropriate responses to defend
oneself.
``(E) Use of protective devices assigned to
crew members (to the extent such devices are
required by the Administrator of the Federal
Aviation Administration or the Under Secretary
for Border and Transportation Security of the
Department of Homeland Security).
``(F) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
``(G) Situational training exercises
regarding various threat conditions.
``(H) Flight deck procedures or aircraft
maneuvers to defend the aircraft and cabin crew
responses to such procedures and maneuvers.
``(I) The proper conduct of a cabin search.
``(J) Any other subject matter considered
appropriate by the Under Secretary.
``(3) Approval.--An air carrier training program
under this subsection shall be subject to approval by
the Under Secretary.
``(4) Minimum standards.--Not later than one year
after the date of enactment of the Flight 100--Century
of Aviation Reauthorization Act, the Under Secretary
shall establish minimum standards for the training
provided under this subsection and for recurrent
training.
``(5) Existing programs.--Notwithstanding paragraph
(3), any training program of an air carrier to prepare
flight and cabin crew members for potential threat
conditions that was approved by the Administrator or
the Under Secretary before the date of enactment of the
Flight 100--Century of Aviation Reauthorization Act may
continue in effect until disapproved or ordered
modified by the Under Secretary.
``(6) Monitoring.--The Under Secretary, in
consultation with the Administrator, shall monitor air
carrier training programs under this subsection and
periodically shall review an air carrier's training
program to ensure that the program is adequately
preparing crew members for potential threat conditions.
In determining when an air carrier's training program
should be reviewed under this paragraph, the Under
Secretary shall consider complaints from crew members.
The Under Secretary shall ensure that employees
responsible for monitoring the training programs have
the necessary resources and knowledge.
``(7) Updates.--The Under Secretary, in consultation
with the Administrator, shall order air carriers to
modify training programs under this subsection to
reflect new or different security threats.
``(b) Advanced Self Defense Training.--
``(1) In general.--Not later than one year after the
date of enactment of the Flight 100--Century of
Aviation Reauthorization Act, the Under Secretary shall
develop and provide a voluntary training program for
flight and cabin crew members of air carriers providing
scheduled passenger air transportation.
``(2) Program elements.--The training program under
this subsection shall include both classroom and
effective hands-on training in the following elements
of self-defense:
``(A) Deterring a passenger who might present
a threat.
``(B) Advanced control, striking, and
restraint techniques.
``(C) Training to defend oneself against
edged or contact weapons.
``(D) Methods to subdue and restrain an
attacker.
``(E) Use of available items aboard the
aircraft for self-defense.
``(F) Appropriate and effective responses to
defend oneself, including the use of force
against an attacker.
``(G) Explosive device recognition.
``(H) Any other element of training that the
Under Secretary considers appropriate.
``(3) Participation not required.--A crew member
shall not be required to participate in the training
program under this subsection.
``(4) Compensation.--Neither the Federal Government
nor an air carrier shall be required to compensate a
crew member for participating in the training program
under this subsection.
``(5) Fees.--A crew member shall not be required to
pay a fee for the training program under this
subsection.
``(6) Consultation.--In developing the training
program under this subsection, the Under Secretary
shall consult with law enforcement personnel and
security experts who have expertise in self-defense
training, terrorism experts, representatives of air
carriers, the director of self-defense training in the
Federal Air Marshals Service, flight attendants, labor
organizations representing flight attendants, and
educational institutions offering law enforcement
training programs.
``(7) Designation of tsa official.--The Under
Secretary shall designate an official in the
Transportation Security Administration to be
responsible for implementing the training program under
this subsection. The official shall consult with air
carriers and labor organizations representing crew
members before implementing the program to ensure that
it is appropriate for situations that may arise on
board an aircraft during a flight.
``(c) Limitation.--Actions by crew members under this section
shall be subject to the provisions of section 44903(k).''.
SEC. 446. REVIEW OF COMPENSATION CRITERIA.
Not later than 6 months after the date of enactment of this
Act, the Comptroller General shall review the criteria used by
the Air Transportation Stabilization Board to compensate air
carriers following the terrorist attack of September 11, 2001,
with a particular focus on whether it is appropriate to
compensate air carriers for the decrease in value of their
aircraft after September 11th.
SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA.
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall report to Congress on whether, in light of the demands of
business within Alaska, it would be appropriate to permit an
aircraft to be operated under part 91 of title 14, Code of
Federal Regulations, where common carriage is not involved but
(1) the operator of the aircraft organizes an entity where the
only purpose of such entity is to provide transportation by air
of persons and property to related business entities,
individuals, and employees of such entities, and (2) the charge
for such transportation does not to exceed the cost of owning,
operating, and maintaining the aircraft.
Page 122, lines 21 and 22, strike ``or 47114(d)(3)(A)'' and
insert ``, 47114(d)(3)(A), or 47114(e)''.
Page 124, strike lines 6 through 14 and insert the following:
Section 47107(c)(2)(A)(iii) is amended by inserting before
the semicolon at the end the following: ``, including the
purchase of nonresidential buildings or property in the
vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility
program''.
Page 127, line 24, after ``2002'' insert ``or 2003''.
Page 132, after line 8, insert the following (and redesignate
subsequent subsections of section 513 of the bill accordingly):
(a) Period of Availability.--Section 47117(b) is amended by
striking ``primary airport'' and all that follows through
``calendar year'' and inserting ``nonhub airport or any airport
that is not a commercial service airport''.
Page 133, line 13, insert ``(a) Increased Funding Levels.--''
before ``Subsections''.
Page 133, after line 15, insert the following:
(b) Reimbursement for Certain Construction Costs.--Section
47118(f) is amended--
(1) by striking ``Not more than'' and inserting the
following:
``(1) Construction.--Not more than''; and
(2) by adding at the end the following:
``(2) Reimbursement.--Upon approval of the Secretary,
the sponsor of a current or former military airport the
Secretary designates under this section may use an
amount apportioned under section 47114, or made
available under section 47119(b), to the airport for
reimbursement of costs incurred by the airport in
fiscal years 2003 and 2004 for construction,
improvement, or repair described in paragraph (1).''.
Page 138, line 21, strike ``10'' and insert ``12''.
Page 138, line 23, strike ``Such projects'' and all that
follows through the first period on line 24 and insert the
following:
A project using an innovative financing technique described in
subsection (c)(2)(A) or (c)(2)(B) shall be located at an
airport that is not a medium or large hub airport. A project
using the innovative financing technique described in
subsection (c)(2)(C) shall be located at an airport that is a
medium or large hub airport.
Page 139, line 3, strike ``and'' the second place it appears.
Page 139, line 5, strike the period at the end and insert a
semicolon.
Page 139, after line 5, insert the following:
(3) in subparagraph (A) (as so redesignated) by
striking ``and'' at the end;
(4) in subparagraph (B) (as so redesignated) by
striking the period at the end and inserting ``; and'';
and
(5) by adding at the end the following:
``(C) payment of interest on indebtedness
incurred to carry out a project for airport
development.''.
At the end of title V of the bill on page 152, add the
following (and conform the table of contents of the bill
accordingly):
SEC. 525. INTERMODAL PLANNING.
Section 47106(c)(1)(A) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by adding ``and'' at the end of clause (ii); and
(3) by adding at the end the following:
``(iii) with respect to an airport
development project involving the location of
an airport or runway or major runway extension
at a medium or large hub airport, the airport
sponsor has made available to and has provided
upon request to the metropolitan planning
organization in the area in which the airport
is located, if any, a copy of the proposed
amendment to the airport layout plan to depict
the project and a copy of any airport master
plan in which the project is described or
depicted;''.
SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Transportation shall review the status of
the airport on the Marshall Islands and report to Congress on
whether it is appropriate and necessary for that airport to
receive grants under the airport improvement program.
----------
2. An Amendment To Be Offered by Delegate Norton of the District of
Columbia, or Her Designee, Debatable for 10 Minutes
Page 73, after line 11, insert the following:
(g) Removal of Certain Limitations on Metropolitan Washington
Airports Authority.--Section 49108 and the item relating to
such section in the analysis of chapter 491 are repealed.
----------
3. An Amendment To Be Offered by Representative Peterson of
Pennsylvania, or His Designee, Debatable for 10 Minutes.
Page 75, strike line 12 and all that follows through line 18
on page 76.
Page 76, line 19, strike ``(3)'' and insert ``(2)''.
Page 81, line 13, strike the following:
``(1) Eligible places.--''
Page 81, strike lines 18 through 22.
----------
4. An Amendment To Be Offered by Representative Pitts of Pennsylvania,
or His Designee, Debatable for 10 Minutes
Page 82, before line 11, insert the following:
(g) Measurement of Highway Mileage for Purposes of
Determining Eligibility for Essential Air Service Subsidies.--
(1) Determination of eligibility.--Subchapter II of
Chapter 417 of title 49, United States Code, (as
amended by subsection (f) of this bill) is further
amended by adding at the end the following new section:
``Sec. 41746. Distance requirement applicable to eligibility for
essential air service subsidies
``(a) In General.--The Secretary shall not provide assistance
under this subchapter with respect to a place in the 48
contiguous States that--
``(1) is less than 70 highway miles from the nearest
hub airport; or
``(2) requires a rate of subsidy per passenger in
excess of $200, unless such place is greater than 210
highway miles from the nearest hub airport.
``(b) Determination of Mileage.--For purposes of this
section, the highway mileage between a place and the nearest
hub airport is the highway mileage of the most commonly used
route between the place and the hub airport. In identifying
such route, the Secretary shall--
``(1) promulgate by regulation a standard for
calculating the mileage between an eligible place and a
hub airport; and
``(2) identify the most commonly used route for a
community by--
``(A) consulting with the Governor of a State
or the Governor's designee; and
``(B) considering the certification of the
Governor of a State or the Governor's designee
as to the most commonly used route.''.
(b) Conforming Amendment.--The analysis for subchapter II of
chapter 417 of title 49, United States Code, (as amended by
subsection (f) of this bill) is further amended by inserting
after the item relating to section 41745 the following new
item:
``41746. Distance requirement applicable to eligibility for essential
air service subsidies.''.
(h) Repeal.--The following provisions of law are repealed:
(1) Section 332 of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (49
U.S.C. 41731 note).
(2) Section 205 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (49
U.S.C. 41731 note).
(3) Section 334 of the Department of Transportation
and Related Agencies Appropriations Act, 1999 (section
101(g) of division A of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999)
(Public Law 105-277; 112 Stat. 2681-471).
(i) Secretarial Review.--
(1) Request for review.--Any community with respect
to which the Secretary has, between September 30, 1993,
and the date of the enactment of this Act, eliminated
subsidies or terminated subsidy eligibility under
section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (49 U.S.C.
41731 note), Section 205 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century
(49 U.S.C. 41731 note), or any prior law of similar
effect, may request the Secretary to review such
action.
(2) Eligibility determination.--Not later than 60
days after receiving a request under subsection (i),
the Secretary shall--
(A) determine whether the community would
have been subject to such elimination of
subsidies or termination of eligibility under
the distance requirement enacted by the
amendment made by subsection (g) of this bill
to subchapter II of chapter 417 of title 49,
United States Code; and
(B) issue a final order with respect to the
eligibility of such community for essential air
service subsidies under subchapter II of
chapter 417 of title 49, United States Code, as
amended by this Act.
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5. An Amendment To Be Offered by Representative Manzullo of Illinois,
or His Designee, Debatable for 10 Minutes
At the end of title V of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. 525. REPORT ON WAIVERS OF PREFERENCE FOR BUYING GOODS PRODUCED IN
THE UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to
Congress a report on the waiver contained in section 50101(b)
of title 49, United States Code (relating to buying goods
produced in the United States). The report shall, at a minimum,
include--
(1) a list of all waivers granted pursuant to that
section since the date of enactment of that section;
and
(2) for each such waiver--
(A) the specific authority under such section
50101(b) for granting the waiver; and
(B) the rationale for granting the waiver.