[House Report 108-240]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-240
======================================================================
VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT
_______
July 25, 2003.--Ordered to be printed
_______
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2115]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to 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 met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Vision
100--Century of Aviation Reauthorization Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Findings.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Federal Aviation Administration operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Agreements for operation of airport facilities.
Sec. 106. Insurance.
Subtitle B--Passenger Facility Fees
Sec. 121. Low-emission airport vehicles and ground support equipment.
Sec. 122. Use of fees to pay debt service.
Sec. 123. Streamlining of the passenger facility fee program.
Sec. 124. Financial management of passenger facility fees.
Subtitle C--AIP Modifications
Sec. 141. Airfield pavement.
Sec. 142. Replacement of baggage conveyor systems.
Sec. 143. Authority to use certain funds for airport security programs
and activities.
Sec. 144. Grant assurances.
Sec. 145. Clarification of allowable project costs.
Sec. 146. Apportionments to primary airports.
Sec. 147. Cargo airports.
Sec. 148. Considerations in making discretionary grants.
Sec. 149. Flexible funding for nonprimary airport apportionments.
Sec. 150. Use of apportioned amounts.
Sec. 151. Increase in apportionment for, and flexibility of, noise
compatibility planning programs.
Sec. 152. Pilot program for purchase of airport development rights.
Sec. 153. Military airport program.
Sec. 154. Airport safety data collection.
Sec. 155. Airport privatization pilot program.
Sec. 156. Innovative financing techniques.
Sec. 157. Airport security program.
Sec. 158. Emission credits for air quality projects.
Sec. 159. Low-emission airport vehicles and infrastructure.
Sec. 160. Compatible land use planning and projects by State and local
governments.
Sec. 161. Temporary increase in Government share of certain AIP project
costs.
Sec. 162. Share of airport project costs.
Sec. 163. Federal share for private ownership of airports.
Sec. 164. Disposition of land acquired for noise compatibility purposes.
Sec. 165. Hangar construction grant assurance.
Sec. 166. Terminal development costs.
Subtitle D--Miscellaneous
Sec. 181. Design-build contracting.
Sec. 182. Pilot program for innovative financing of air traffic control
equipment.
Sec. 183. Cost sharing of air traffic modernization projects.
Sec. 184. Facilities and equipment reports.
Sec. 185. Civil penalty for permanent closure of an airport without
providing sufficient notice.
Sec. 186. Midway Island airport.
Sec. 187. Intermodal planning.
Sec. 188. Marshall Islands, Micronesia, and Palau.
Sec. 189. Limitation on approval of certain programs.
Sec. 190. Conveyance of airport.
TITLE II--FAA ORGANIZATION
Subtitle A--FAA Reform
Sec. 201. Management advisory committee members.
Sec. 202. Reorganization of the air traffic services subcommittee.
Sec. 203. Clarification of the responsibilities of the Chief Operating
Officer.
Sec. 204. Deputy Administrator.
Subtitle B--Miscellaneous
Sec. 221. Controller staffing.
Sec. 222. Whistleblower protection under acquisition management system.
Sec. 223. FAA purchase cards.
Sec. 224. Procurement.
Sec. 225. Definitions.
Sec. 226. Air traffic controller retirement.
Sec. 227. Design organization certificates.
Sec. 228. Judicial review.
Sec. 229. Overflight fees.
Sec. 230. Prohibition on air traffic control privatization.
Sec. 231. Definition of air traffic controller.
TITLE III--ENVIRONMENTAL PROCESS
Subtitle A--Aviation Development Streamlining
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Airport capacity enhancement.
Sec. 304. Aviation project streamlining.
Sec. 305. Elimination of duplicative requirements.
Sec. 306. Construction of certain airport capacity projects.
Sec. 307. Issuance of orders.
Sec. 308. Limitations.
Sec. 309. Relationship to other requirements.
Subtitle B--Miscellaneous
Sec. 321. Report on long term environmental improvements.
Sec. 322. Noise disclosure.
Sec. 323. Overflights of national parks.
Sec. 324. Noise exposure maps.
Sec. 325. Implementation of Chapter 4 noise standards.
Sec. 326. Reduction of noise and emissions from civilian aircraft.
Sec. 327. Special rule for airport in Illinois.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Small Community Air Service
Sec. 401. Exemption from hold-in requirements.
Sec. 402. Adjustments to account for significantly increased costs.
Sec. 403. Joint proposals.
Sec. 404. Essential air service authorization.
Sec. 405. Community and regional choice programs.
Sec. 406. Code-sharing pilot program.
Sec. 407. Tracking service.
Sec. 408. EAS local participation program.
Sec. 409. Measurement of highway miles for purposes of determining
eligibility of essential air service subsidies.
Sec. 410. Incentive program.
Sec. 411. National Commission on Small Community Air Service.
Sec. 412. Small community air service.
Subtitle B--Miscellaneous
Sec. 421. Data on incidents and complaints involving passenger and
baggage security screening.
Sec. 422. Delay reduction actions.
Sec. 423. Collaborative decisionmaking pilot program.
Sec. 424. Competition disclosure requirement for large and medium hub
airports.
Sec. 425. Slot exemptions at Ronald Reagan Washington National Airport.
Sec. 426. Definition of commuter aircraft.
Sec. 427. Airfares for members of the Armed Forces.
Sec. 428. Air carriers required to honor tickets for suspended service.
TITLE V--AVIATION SAFETY
Sec. 501. Counterfeit or fraudulently represented parts violations.
Sec. 502. Runway safety standards.
Sec. 503. Civil penalties.
Sec. 504. Improvement of curriculum standards for aviation maintenance
technicians.
Sec. 505. Assessment of wake turbulence research and development
program.
Sec. 506. FAA inspector training.
Sec. 507. Air transportation oversight system plan.
TITLE VI--AVIATION SECURITY
Sec. 601. Certificate actions in response to a security threat.
Sec. 602. Justification for air defense identification zone.
Sec. 603. Crew training.
Sec. 604. Study of effectiveness of transportation security system.
Sec. 605. Airport security improvement projects.
Sec. 606. Charter security.
Sec. 607. CAPPS2.
Sec. 608. Report on passenger prescreening program.
Sec. 609. Arming cargo pilots against terrorism.
Sec. 610. Removal of cap on TSA staffing level.
Sec. 611. Foreign repair stations.
Sec. 612. Flight training.
Sec. 613. Deployment of screeners at Kenai, Homer, and Valdez, Alaska.
TITLE VII--AVIATION RESEARCH
Sec. 701. Authorization of appropriations.
Sec. 702. Federal Aviation Administration Science and Technology
Scholarship Program.
Sec. 703. National Aeronautics and Space Administration Science and
Technology Scholarship Program.
Sec. 704. Research program to improve airfield pavements.
Sec. 705. Ensuring appropriate standards for airfield pavements.
Sec. 706. Development of analytical tools and certification methods.
Sec. 707. Research on aviation training.
Sec. 708. FAA Center for Excellence for applied research and training in
the use of advanced materials in transport aircraft.
Sec. 709. Air Transportation System Joint Planning and Development
Office.
Sec. 710. Next Generation Air Transportation Senior Policy Committee.
Sec. 711. Rotorcraft Research and Development Initiative.
Sec. 712. Airport Cooperative Research Program.
TITLE VIII--MISCELLANEOUS
Sec. 801. Definitions.
Sec. 802. Report on aviation safety reporting system.
Sec. 803. Anchorage air traffic control.
Sec. 804. Extension of Metropolitan Washington Airports Authority.
Sec. 805. Improvement of aviation information collection.
Sec. 806. Government-financed air transportation.
Sec. 807. Air carrier citizenship.
Sec. 808. United States presence in global air cargo industry.
Sec. 809. Availability of aircraft accident site information.
Sec. 810. Notice concerning aircraft assembly.
Sec. 811. Type certificates.
Sec. 812. Reciprocal airworthiness certification.
Sec. 813. International role of the FAA.
Sec. 814. Flight attendant certification.
Sec. 815. Air quality in aircraft cabins.
Sec. 816. Recommendations concerning travel agents.
Sec. 817. Reimbursement for losses incurred by general aviation
entities.
Sec. 818. International air show.
Sec. 819. Report on certain market developments and government policies.
Sec. 820. International air transportation.
Sec. 821. Reimbursement of air carriers for certain screening and
related activities.
Sec. 822. Charter airlines.
Sec. 823. General aviation flights at Ronald Reagan Washington National
Airport.
Sec. 824. Review of air carrier compensation.
Sec. 825. Noise control plan for certain airports.
Sec. 826. GAO report on airlines actions to improve finances and on
executive compensation.
Sec. 827. Private air carriage in Alaska.
Sec. 828. Report on waivers of preference for buying goods produced in
the United States.
Sec. 829. Navigation fees.
TITLE IX--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 901. Extension of expenditure authority.
Sec. 902. Technical correction to flight segment.
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. APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years
beginning after September 30, 2003.
SEC. 4. FINDINGS.
Congress finds the following:
(1) The United States has revolutionized the way
people travel, developing new technologies and aircraft
to move people more efficiently and more safely.
(2) Past Federal investment in aeronautics research
and development has benefited the economy and national
security of the United States and the quality of life
of its citizens.
(3) The total impact of civil aviation on the
United States economy exceeds $900,000,000,000 annually
and accounts for 9 percent of the gross national
product and 11,000,000 jobs in the national workforce.
Civil aviation products and services generate a
significant surplus for United States trade accounts,
and amount to significant numbers of the Nation's
highly skilled, technologically qualified work force.
(4) Aerospace technologies, products, and services
underpin the advanced capabilities of our men and women
in uniform and those charged with homeland security.
(5) Future growth in civil aviation increasingly
will be constrained by concerns related to aviation
system safety and security, aviation system
capabilities, aircraft noise, emissions, and fuel
consumption.
(6) Revitalization and coordination of the United
States efforts to maintain its leadership in aviation
and aeronautics are critical and must begin now.
(7) A recent report by the Commission on the Future
of the United States Aerospace Industry outlined the
scope of the problems confronting the aerospace and
aviation industries in the United States and found
that--
(A) aerospace will be at the core of the
Nation's leadership and strength throughout the
21st century;
(B) aerospace will play an integral role in
the Nation's economy, security, and mobility;
and
(C) global leadership in aerospace is a
national imperative.
(8) Despite the downturn in the global economy,
projections of the Federal Aviation Administration
indicate that upwards of 1,000,000,000 people will fly
annually by 2013. Efforts must begin now to prepare for
future growth in the number of airline passengers.
(9) The United States must increase its investment
in research and development to revitalize the aviation
and aerospace industries, to create jobs, and to
provide educational assistance and training to prepare
workers in those industries for the future.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``The total'' and inserting ``(a)
In General.--The total''; and
(2) in subsection (a) (as so designated)--
(A) by striking ``September 30, 1998'' and
inserting ``September 30, 2003''; and
(B) by striking paragraphs (1) through (5)
and inserting the following:
``(1) $3,400,000,000 for fiscal year 2004;
``(2) $3,500,000,000 for fiscal year 2005;
``(3) $3,600,000,000 for fiscal year 2006; and
``(4) $3,700,000,000 for fiscal year 2007.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2003'' and inserting ``September 30,
2007''.
SEC. 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 subsections (b), (d), and (e) and
redesignating subsection (c) as subsection (b);
(3) by inserting after subsection (b) (as so
redesignated) 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), such
sums as may be necessary for each of fiscal years 2004 through
2007 may be used for the development and analysis of wake
vortex advisory systems.
``(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 to 2007 may be used to
establish a program for the installation of a precision
approach aid designed to improve aircraft accessibility at
mountainous airports with limited land if the approach aid is
able to provide curved and segmented approach guidance for
noise abatement purposes and other such approach aids and is
certified or approved by the Administrator.'';
(4) in subsection (f)--
(A) by striking ``for fiscal years
beginning after September 30, 2000''; and
(B) by inserting ``may be used'' after
``necessary''; and
(5) by adding at the end the following:
``(h) Standby Power Efficiency Program.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be
used by the Secretary of Transportation, in cooperation with
the Secretary of Energy and, where applicable, the Secretary of
Defense, to establish a program to improve the efficiency, cost
effectiveness, and environmental performance of standby power
systems at Federal Aviation Administration sites, including the
implementation of fuel cell technology.
``(i) Pilot Program To Provide Incentives for Development
of New Technologies.--Of amounts appropriated under subsection
(a), $500,000 for fiscal year 2004 may be used for the conduct
of a pilot program to provide operating incentives to users of
the airspace for the deployment of new technologies, including
technologies to facilitate expedited flight routing and
sequencing of take-offs and landings.''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k)(1) is amended to read as
follows:
``(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.''.
(b) Authorized Expenditures.--Section 106(k)(2) is
amended--
(1) by striking subparagraphs (A) and (B) and
subparagraphs (F) through (I);
(2) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (A), (B), and (C), respectively;
(3) in subparagraphs (A), (B), and (C) (as so
redesignated) by striking ``fiscal years 2000 through
2003'' and inserting ``fiscal years 2004 through
2007''; and
(4) by adding after subparagraph (C) (as so
redesignated) the following:
``(D) Such sums as may be necessary for
fiscal years 2004 through 2007 for the Center
for Management Development of the Federal
Aviation Administration to operate training
courses and to support associated student
travel for both residential and field courses.
``(E) Such sums as may be necessary for
fiscal years 2004 through 2007 to carry out and
expand the Air Traffic Control Collegiate
Training Initiative.
``(F) Such sums as may be necessary for
fiscal years 2004 through 2007 for the
completion of the Alaska aviation safety
project with respect to the 3 dimensional
mapping of Alaska's main aviation corridors.
``(G) Such sums as may be necessary for
fiscal years 2004 through 2007 to carry out the
Aviation Safety Reporting System.''.
(c) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation, out of the
Airport and Airway Trust Fund established by section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502), $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 aviation data and conduct analyses of such data
in the Bureau of Transportation Statistics of the Department of
Transportation.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) In General.--Chapter 481 is further amended by adding
at the end the following:
``Sec. 48114. Funding for aviation programs
``(a) Authorization of Appropriations.--
``(1) Airport and airway trust fund guarantee.--
``(A) In general.--The total budget
resources made available from the Airport and
Airway Trust Fund each fiscal year through
fiscal year 2007 pursuant to sections 48101,
48102, 48103, and 106(k) of title 49, United
States Code, shall be equal to the level of
receipts plus interest credited to the Airport
and Airway Trust Fund for that fiscal year.
Such amounts may be used only for aviation
investment programs listed in subsection (b).
``(B) Guarantee.--No funds may be
appropriated or limited for aviation investment
programs listed in subsection (b) unless the
amount described in subparagraph (A) has been
provided.
``(2) Additional authorizations of appropriations
from the general fund.--In any fiscal year through
fiscal year 2007, if the amount described in paragraph
(1) is appropriated, there is further authorized to be
appropriated from the general fund of the Treasury such
sums as may be necessary for the Federal Aviation
Administration Operations account.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Total budget resources.--The term `total
budget resources' means the total amount made available
from the Airport and Airway Trust Fund for the sum of
obligation limitations and budget authority made
available for a fiscal year for the following budget
accounts that are subject to the obligation limitation
on contract authority provided in this Act and for
which appropriations are provided pursuant to
authorizations contained in this Act:
``(A) 69-8106-0-7-402 (Grants in Aid for
Airports).
``(B) 69-8107-0-7-402 (Facilities and
Equipment).
``(C) 69-8108-0-7-402 (Research and
Development).
``(D) 69-8104-0-7-402 (Trust Fund Share of
Operations).
``(2) Level of receipts plus interest.--The term
`level of receipts plus interest' means the level of
excise taxes and interest credited to the Airport and
Airway Trust Fund under section 9502 of the Internal
Revenue Code of 1986 for a fiscal year as set forth in
the President's budget baseline projection as defined
in section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177)
(Treasury identification code 20-8103-0-7-402) for that
fiscal year submitted pursuant to section 1105 of title
31, United States Code.
``(c) Enforcement of Guarantees.--
``(1) Total airport and airway trust fund
funding.--It shall not be in order in the House of
Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference
report that would cause total budget resources in a
fiscal year for aviation investment programs described
in subsection (b) to be less than the amount required
by subsection (a)(1)(A) for such fiscal year.
``(2) Capital priority.--It shall not be in order
in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion,
or conference report that provides an appropriation (or
any amendment thereto) for any fiscal year through
fiscal year 2007 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.''.
(b) Conforming Amendment.--The analysis for chapter 481 is
amended by adding at the end the following:
``48114. Funding for aviation programs.''.
(c) Repeal.--Section 106 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (49 U.S.C. 48101
note) is repealed.
SEC. 105. AGREEMENTS FOR OPERATION OF AIRPORT FACILITIES.
Section 47124 is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Government Relief From Liability.--The Secretary of
Transportation shall ensure that an agreement under this
subchapter with a qualified entity (as determined by the
Secretary), State, or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport
facility relieves the United States Government from any
liability arising out of, or related to, acts or omissions of
employees of the entity, State, or subdivision in operating the
airport facility.'';
(2) by striking subsection (b)(2) and inserting the
following:
``(2) The Secretary may make a contract with a qualified
entity (as determined by the Secretary) or, on a sole source
basis, with a State or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport
traffic control tower classified as a level I (Visual Flight
Rules) tower if the Secretary decides that the entity, State,
or subdivision has the capability to comply with the
requirements of this paragraph. The contract shall require that
the entity, State, or subdivision comply with applicable safety
regulations in operating the facility and with applicable
competition requirements in making a subcontract to perform
work to carry out the contract.'';
(3) subsection (b)(3)--
(A) in the paragraph heading by striking
``pilot'';
(B) by striking ``pilot'' each place it
appears; and
(C) in subparagraph (E) by striking
``$6,000,000 per fiscal year'' and inserting
``$6,500,000 for fiscal 2004, $7,000,000 for
fiscal year 2005, $7,500,000 for fiscal year
2006, and $8,000,000 for fiscal year 2007'';
and
(4) in subsection (b)(4)(C) by striking
``$1,100,000.'' and inserting ``$1,500,000.''.
SEC. 106. INSURANCE.
(a) Aircraft Manufacturers.--
(1) In general.--Section 44302 is amended by adding
at the end the following:
``(g) Aircraft Manufacturers.--
``(1) In general.--The Secretary may provide to an
aircraft manufacturer insurance for loss or damage
resulting from operation of an aircraft by an air
carrier and involving war or terrorism.
``(2) Amount.--Insurance provided by the Secretary
under this subsection shall be for loss or damage in
excess of the greater of the amount of available
primary insurance or $50,000,000.
``(3) Terms and conditions.--Insurance provided by
the Secretary under this subsection shall be subject to
the terms and conditions set forth in this chapter and
such other terms and conditions as the Secretary may
prescribe.''.
(2) Definition of aircraft manufacturer.--Section
44301 is amended--
(A) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as
so redesignated) the following:
``(1) `aircraft manufacturer' means any company or
other business entity, the majority ownership and
control of which is by United States citizens, that
manufactures aircraft or aircraft engines.''.
(3) Coverage.--Section 44303(a) is amended--
(A) in the subsection heading by striking
``In general'' and inserting ``In General'';
and
(B) by adding at the end the following:
``(6) loss or damage of an aircraft manufacturer
resulting from operation of an aircraft by an air
carrier and involving war or terrorism.''.
(b) 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 an aircraft manufacturer
(as defined in section 44301) of the aircraft of the air
carrier involved.''.
(c) Premiums and Limitations on Coverage and Claims.--
Section 44306(b) is amended by striking ``air'' and inserting
``insurance''.
(d) Ending Effective Date.--Section 44310 is amended by
striking ``December 31, 2004'' and inserting ``March 30,
2008''.
(e) Technical Correction.--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''.
Subtitle B--Passenger Facility Fees
SEC. 121. 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 converting vehicles and
ground support equipment used at a commercial
service airport to low-emission technology (as
defined in section 47102) or to use cleaner
burning conventional fuels, retrofitting of any
such vehicles or equipment that are powered by
a diesel or gasoline engine with emission
control technologies certified or verified by
the Environmental Protection Agency to reduce
emissions, or acquiring for use at a commercial
service airport vehicles and ground support
equipment that include low-emission technology
or use cleaner burning fuels if the airport is
located in an air quality nonattainment area
(as defined in section 171(2) of the Clean Air
Act (42 U.S.C. 7501(2)) or a maintenance area
referred to in section 175A of such Act (42
U.S.C. 7505a) and if such project will result
in an airport receiving appropriate emission
credits as described in section 47139.''.
(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 a vehicle or
ground support equipment may not exceed the incremental
amount of the project cost that is greater than the
cost of acquiring a vehicle or equipment that is not
low-emission and would be used for the same purpose, or
the cost of low-emission retrofitting, as determined by
the Secretary.''.
(c) Ground Support Equipment Defined.--Section 40117(a) is
amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(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.''.
(d) Guidance.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
issue guidance determining eligibility of projects, and how
benefits to air quality must be demonstrated, under the
amendments made by this section.
SEC. 122. USE OF FEES TO PAY DEBT SERVICE.
Sections 40117(b) is further amended by adding at the end
the following:
``(6) Debt service for certain projects.--In
addition to the uses specified in paragraphs (1) and
(4), the Secretary may authorize a passenger facility
fee imposed under paragraph (1) or (4) to be used for
making payments for debt service on indebtedness
incurred to carry out at the airport a project that is
not an eligible airport-related project if the
Secretary determines that such use is necessary due to
the financial need of the airport.''.
SEC. 123. 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 must include in its application or
notice submitted under subparagraph (A) copies of all
certifications of agreement or disagreement received
under subparagraph (D).
``(F) For the purpose of this section, an eligible
agency providing notice and an opportunity for
consultation to an air carrier or foreign air carrier
is deemed to have satisfied the requirements of this
paragraph if the eligible agency limits such notices
and consultations to air carriers and foreign air
carriers that have a significant business interest at
the airport. In the subparagraph, the term `significant
business interest' means an air carrier or foreign air
carrier that had no less than 1.0 percent of passenger
boardings at the airport in the prior calendar year,
had at least 25,000 passenger boardings at the airport
in the prior calendar year, or provides scheduled
service at the airport.'';
(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 that may be affected. The public notice
may include--
``(i) publication in local newspapers of
general circulation;
``(ii) publication in other local media;
and
``(iii) posting the notice on the agency's
Internet website.
``(B) A requirement for submission of public
comments no sooner than 30 days, and no later than 45
days, after the date of the publication of the notice.
``(C) A requirement that the agency include in its
application or notice submitted under subparagraph (A)
copies of all comments received under subparagraph
(B).''; 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.
The notice shall include--
``(A) information that the Secretary may
require by regulation on each project for which
authority to impose a passenger facility fee 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) Regulations.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall propose such regulations as may be necessary to
carry out this subsection.
``(7) Sunset.--This subsection shall cease to be
effective beginning on the date that is 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 issued by the Secretary for
purposes of section 46110.''.
(c) Clarification of Applicability of PFC's 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 adding 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 for costs''; and
(2) by striking the semicolon and inserting a
period.
(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, consistent with current law, 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.
SEC. 124. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES.
Section 40117 is further amended by adding at the end the
following:
``(m) Financial Management of Fees.--
``(1) Handling of fees.--A covered air carrier
shall segregate in a separate account passenger
facility revenue equal to the average monthly liability
for fees collected under this section by such carrier
or any of its agents for the benefit of the eligible
agencies entitled to such revenue.
``(2) Trust fund status.--If a covered air carrier
or its agent fails to segregate passenger facility
revenue in violation of the subsection, the trust fund
status of such revenue shall not be defeated by an
inability of any party to identify and trace the
precise funds in the accounts of the air carrier.
``(3) Prohibition.--A covered air carrier and its
agents may not grant to any third party any security or
other interest in passenger facility revenue.
``(4) Compensation to eligible entities.--A covered
air carrier that fails to comply with any requirement
of this subsection, or otherwise unnecessarily causes
an eligible entity to expend funds, through litigation
or otherwise, to recover or retain payment of passenger
facility revenue to which the eligible entity is
otherwise entitled shall be required to compensate the
eligible agency for the costs so incurred.
``(5) Interest on amounts.--A covered air carrier
that collects passenger facility fees is entitled to
receive the interest on passenger facility fee accounts
if the accounts are established and maintained in
compliance with this subsection.
``(6) Existing regulations.--The provisions of
section 158.49 of title 14, Code of Federal
Regulations, that permit the commingling of passenger
facility fees with other air carrier revenue shall not
apply to a covered air carrier.
``(7) Covered air carrier defined.--In this
section, the term `covered air carrier' means an air
carrier that files for chapter 7 or chapter 11 of title
11 bankruptcy protection, or has an involuntary chapter
7 of title 11 bankruptcy proceeding commenced against
it, after the date of enactment of this subsection.''.
Subtitle C--AIP Modifications
SEC. 141. AIRFIELD PAVEMENT.
Section 47102(3)(H) is amended by inserting ``nonhub
airports and'' before ``airports that are not primary
airports''.
SEC. 142. 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. 143. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY PROGRAMS
AND ACTIVITIES.
Section 308 of the Federal Aviation Reauthorization Act of
1996 (49 U.S.C. 44901 note; 110 Stat. 3253), and the item
relating to such section in the table of contents contained in
section 1(b) of that Act, are repealed.
SEC. 144. GRANT ASSURANCES.
(a) Statute of Limitations.--Section 47107(l)(5)(A) is
amended by inserting ``or any other governmental entity'' after
``sponsor''.
(b) 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. 145. CLARIFICATION OF ALLOWABLE PROJECT 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''.
SEC. 146. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) In General.--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 or 2003;
``(ii) the airport had at least
10,000 passenger boardings and
scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
``(iii) the reason that passenger
boardings described in clause (i) were
below 10,000 was the decrease in
passengers following the terrorist
attacks of September 11, 2001.''.
(b) Special Rule for Transitioning Airports.--Section
47114(f)(3) is amended--
(1) in the paragraph heading by striking
``airorts'' and inserting ``airports''; and
(2) in subparagraph (B) by striking ``fiscal years
2000 through 2003'' and inserting ``fiscal year 2004''.
SEC. 147. 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. 148. 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);
``(E) the projected growth in the number of
passengers or aircraft that will be using the
airport at which the project will be carried
out; and
``(F) the ability of the project to foster
United States competitiveness in securing
global air cargo activity at a United States
airport.''.
``(2) For all projects.--In selecting a project for
a grant under this section, the Secretary shall
consider among other factors whether--
``(A) funding has been provided for all
other projects qualifying for funding during
the fiscal year under this chapter that have
attained a higher score under the numerical
priority system employed by the Secretary in
administering the fund; and
``(B) the sponsor will be able to commence
the work identified in the project application
in the fiscal year in which the grant is made
or within 6 months after the grant is made,
whichever is later.''.
SEC. 149. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) Project Grant Agreements.--Section 47108(a) is amended
by inserting ``or 47114(d)(3)(A)'' after ``under section
47114(c)''.
(b) Allowable Project Costs.--Section 47110 is 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:
``(h) 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.''.
(c) Waiver.--Section 47117(c)(2) is amended to read as
follows:
``(2) Waiver.--A sponsor of an airport may make an
agreement with the Secretary of Transportation waiving
the sponsor's claim to any part of the amount
apportioned for the airport under sections 47114(c) and
47114(d)(3)(A) if the Secretary agrees to make the
waived amount available for a grant for another public-
use airport in the same State or geographical area as
the airport, as determined by the Secretary.''.
(d) 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. 150. USE OF APPORTIONED AMOUNTS.
The first sentence of 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''.
SEC. 151. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE
COMPATIBILITY PLANNING PROGRAMS.
Section 47117(e)(1)(A) is amended--
(1) by striking ``At least 34 percent'' and
inserting ``At least 35 percent'';
(2) by striking ``of this title and'' and inserting
a comma;
(3) by striking ``of this title.'' 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 47141, and for airport
development described in section 47102(3)(F),
47102(3)(K), or 47102(3)(L) to comply with the Clean
Air Act (42 U.S.C. 7401 et seq.).''; and
(4) by striking ``34 percent requirement'' and
inserting ``35 percent requirement''.
SEC. 152. PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS.
(a) In General.--Chapter 471 is amended by adding at the
end the following:
``Sec. 47138. Pilot program for purchase of airport development rights
``(a) In General.--The Secretary of Transportation shall
establish a pilot program to support the purchase, by a State
or political subdivision of a State, of development rights
associated with, or directly affecting the use of, privately
owned public use airports located in that State. Under the
program, the Secretary may make a grant to a State or political
subdivision of a State from funds apportioned under section
47114 for the purchase of such rights.
``(b) Grant Requirements.--
``(1) In general.--The Secretary may not make a
grant under subsection (a) unless the grant is made--
``(A) to enable the State or political
subdivision to purchase development rights in
order to ensure that the airport property will
continue to be available for use as a public
airport; and
``(B) subject to a requirement that the
State or political subdivision acquire an
easement or other appropriate covenant
requiring that the airport shall remain a
public use airport in perpetuity.
``(2) Matching requirement.--The amount of a grant
under the program may not exceed 90 percent of the
costs of acquiring the development rights.
``(c) Grant Standards.--The Secretary shall prescribe
standards for grants under subsection (a), including--
``(1) grant application and approval procedures;
and
``(2) requirements for the content of the
instrument recording the purchase of the development
rights.
``(d) Release of Purchased Rights and Covenant.--Any
development rights purchased under the program shall remain the
property of the State or political subdivision unless the
Secretary approves the transfer or disposal of the development
rights after making a determination that the transfer or
disposal of that right is in the public interest.
``(e) Limitation.--The Secretary may not make a grant under
the pilot program for the purchase of development rights at
more than 10 airports.''.
(b) Conforming Amendment.--The analysis for chapter 471 is
amended by inserting after the item relating to section 47137
the following:
``47138. Pilot program for purchase of airport development rights''.
SEC. 153. MILITARY AIRPORT PROGRAM.
Section 47118 is amended--
(1) in subsection (e) by striking ``Not more than
$7,000,000 for each airport from amounts the Secretary
distributes under section 47115 of this title for a
fiscal year is available'' and inserting ``From amounts
the Secretary distributes to an airport under section
47115, $10,000,000 for each of fiscal years 2004 and
2005, and $7,000,000 for each fiscal year thereafter,
is available''; and
(2) in subsection (f)--
(A) by striking ``Not more than a total of
$7,000,000 for each airport from amounts the
Secretary distributes under section 47115 of
this title for fiscal years beginning after
September 30, 1992, is available'' and
inserting the following:
``(1) Construction.--From amounts the Secretary
distributes to an airport under section 47115,
$10,000,000 for each of fiscal years 2004 and 2005, and
$7,000,000 for each fiscal year thereafter, is
available''; 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).''.
SEC. 154. 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. 155. 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) in the case of a nonprimary
airport, by the Secretary 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) Effective Date.--The amendments made by subsection (a)
shall not affect any application submitted before the date of
enactment of this Act.
SEC. 156. INNOVATIVE FINANCING TECHNIQUES.
(a) Eligible Projects.--The first sentence of section
47135(a) is amended by inserting after ``approve'' the
following: ``, after the date of enactment of the Vision 100--
Century of Aviation Reauthorization Act,''.
SEC. 157. 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. 158. EMISSION CREDITS FOR AIR QUALITY PROJECTS.
(a) Emissions Credit.--Subchapter I of chapter 471 is
further amended by adding at the end the following:
``Sec. 47139. Emission credits for air quality projects
``(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall issue guidance on how to ensure that
airport sponsors receive appropriate emission reduction credits
for carrying out projects described in sections 40117(a)(3)(G),
47102(3)(F), 47102(3)(K), and 47102(3)(L). Such guidance shall
include, at a minimum, the following conditions:
``(1) The provision of credits is consistent with
the Clean Air Act (42 U.S.C. 7402 et seq.).
``(2) Credits generated by the emissions reductions
are kept by the airport sponsor and may only be used
for purposes of any current or future general
conformity determination under the Clean Air Act or as
offsets under the Environmental Protection Agency's new
source review program for projects on the airport or
associated with the airport.
``(3) Credits are calculated and provided to
airports on a consistent basis nationwide.
``(4) Credits are provided to airport sponsors in a
timely manner.
``(5) The establishment of a method to assure the
Secretary that, for any specific airport project for
which funding is being requested, the appropriate
credits will be granted.
``(b) Assurance of Receipt of Credits.--As a condition for
making a grant for a project described in section 47102(3)(F),
47102(3)(K), 47102(3)(L), or 47140 or as a condition for
granting approval to collect or use a passenger facility fee
for a project described in section 40117(a)(3)(G), 47103(3)(F),
47102(3)(K), 47102(3)(L), or 47140, the Secretary must receive
assurance from the State in which the project is located, or
from the Administrator of the Environmental Protection Agency
where there is a Federal implementation plan, that the airport
sponsor will receive appropriate emission credits in accordance
with the conditions of this section.
``(c) Previously Approved Projects.--The Administrator of
the Environmental Protection Agency, in consultation with the
Secretary, shall determine how to provide appropriate emissions
credits to airport projects previously approved under section
47136 consistent with the guidance and conditions specified in
subsection (a).
``(d) State Authority Under CAA.--Nothing in this section
shall be construed as overriding existing State law or
regulation pursuant to section 116 of the Clean Air Act (42
U.S.C. 7416).''.
(b) Conforming Amendment.--The analysis for chapter 471 is
amended by inserting after the item relating to section 47138
the following:
``47139. Emission credits for air quality projects.''.
SEC. 159. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) Airport Ground Support Equipment Emissions Retrofit
Pilot Program.--
(1) In general.--Subchapter I of chapter 471 is
further amended by adding at the end the following:
``Sec. 47140. 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.''.
(2) Conforming amendment.--The analysis for chapter
471 is amended by inserting after the item relating to
section 47139 the following:
``47140. Airport ground support equipment emissions retrofit pilot
program.''.
(b) Activities Added to Definition of Airport
Development.--
(1) In general.--Section 47102(3) is amended--
(A) by striking subparagraphs (J), (K), and
(L) and redesignating subparagraph (M) as
subparagraph (J); and
(B) by adding at the end 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 47139.
``(L) a project for the acquisition or
conversion of vehicles and ground support
equipment, owned by a commercial service
airport, to low-emission technology, if the
airport is located in an air quality
nonattainment or maintenance area (as defined
in sections 171(2) and 175A of the Clean Air
Act (42 U.S.C. 7501(2); 7505a) and if such
project will result in an airport receiving
appropriate emission credits as described in
section 47139.''.
(2) Guidance.--
(A) Eligible low-emission modifications and
improvements.--The Secretary of Transportation,
in consultation with the Administrator of the
Environmental Protection Agency, shall issue
guidance describing eligible low-emission
modifications and improvements, and stating how
airport sponsors will demonstrate benefits,
under section 47102(3)(K) of title 49, United
States Code, as added by this subsection.
(B) Eligible low-emission vehicle
technology.--The Secretary, in consultation
with the Administrator, shall issue guidance
describing eligible low-emission vehicle
technology, and stating how airport sponsors
will demonstrate benefits, under section
47102(3)(L) of title 49, United States Code, as
added by this subsection.
(c) Allowable Project Cost.--Section 47110(b) is 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) if the cost is for a project not described in
section 47102(3) for acquiring for use at a commercial
service airport vehicles and ground support equipment
owned by an airport that include low-emission
technology, but only to the extent of the incremental
cost of equipping such vehicles or equipment with low
emission technology, as determined by the Secretary.''.
(d) Low-Emission Technology Equipment.--Section 47102 (as
amended by section 801 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.''.
SEC. 160. 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. 47141. 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 development and
implementation of land use compatability plans and
implementation of land use compatibility 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. The Secretary may make a
grant under this section for a land use compatibility plan or a
project resulting from such plan only 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 preceding 10 years; and
``(2) the land use plan or project meets the
requirements of this section.
``(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) enter into an agreement with the airport
owner or operator that the development of the land use
compatibility plan will be done cooperatively; 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 made under
this section for a land use plan or a project resulting from
such 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 land use
compatibility measures 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 been approved jointly by the
airport owner or operator and 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
a State or unit of local government to which a grant may be
made 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
project resulting from a land use compatibility plan only if
the Secretary is satisfied that the project is consistent with
the guidelines established by the Secretary under this section,
the State or unit of local government has provided the
assurances required by this section, 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 applicable Federal Aviation Administration 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:
``47141. Compatible land use planning and projects by State and local
governments.''.
SEC. 161. TEMPORARY INCREASE IN GOVERNMENT SHARE OF CERTAIN AIP PROJECT
COSTS.
Notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs for a
grant made in each of fiscal years 2004 through 2007 under
chapter 471 of that title for a project described in paragraph
(2) or (3) of that section shall be 95 percent.
SEC. 162. SHARE OF AIRPORT PROJECT COSTS.
(a) In General.--Section 47109 is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the
following:
``(c) Grandfather Rule.--
``(1) In general.--In the case of any project
approved after September 30, 2003, at a small hub
airport or nonhub airport that is located in a State
containing unappropriated and unreserved public lands
and nontaxable Indian lands (individual and tribal) of
more than 5 percent of the total area of all lands in
the State, the Government's share of allowable costs of
the project shall be increased by the same ratio as the
basic share of allowable costs of a project divided
into the increased (Public Lands States) share of
allowable costs of a project as shown on documents of
the Federal Aviation Administration dated August 3,
1979, at airports for which the general share was 80
percent on August 3, 1979. This subsection shall apply
only if--
``(A) the State contained unappropriated
and unreserved public lands and nontaxable
Indian lands of more than 5 percent of the
total area of all lands in the State on August
3, 1979; and
``(B) the application under subsection (b),
does not increase the Government's share of
allowable costs of the project
``(2) Limitation.--The Government's share of
allowable project costs determined under this
subsection shall not exceed the lesser of 93.75 percent
or the highest percentage Government share applicable
to any project in any State under subsection (b).''.
(b) Conforming Amendment.--Subsection (a) of section 47109
is amended by striking ``Except as provided in subsection
(b)'', and inserting ``Except as provided in subsection (b) or
subsection (c)''.
SEC. 163. FEDERAL SHARE FOR PRIVATE OWNERSHIP OF AIRPORTS.
Section 47109(a)(4) is amended by striking ``40 percent''
and inserting ``70 percent''.
SEC. 164. DISPOSITION OF LAND ACQUIRED FOR NOISE COMPATIBILITY
PURPOSES.
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''.
SEC. 165. HANGAR CONSTRUCTION GRANT ASSURANCE.
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 that is subject to such terms and conditions
on the hangar as the airport owner or operator may
impose.''.
SEC. 166. 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 1 year
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).''.
Subtitle D--Miscellaneous
SEC. 181. DESIGN-BUILD CONTRACTING.
(a) In General.--Subchapter I of chapter 471 is further
amended by adding at the end the following:
``Sec. 47142. Design-build contracting
``(a) In General.--The Administrator of the Federal
Aviation Administration may approve an application of an
airport sponsor under this section to authorize the airport
sponsor to award a design-build contract using a selection
process permitted under applicable State or local law if--
``(1) the Administrator approves the application
using criteria established by the Administrator;
``(2) the design-build contract is in a form that
is approved by the Administrator;
``(3) the Administrator is satisfied that the
contract will be executed pursuant to competitive
procedures and contains a schematic design adequate for
the Administrator to approve the grant;
``(4) use of a design-build contract will be cost
effective and expedite the project;
``(5) the Administrator is satisfied that there
will be no conflict of interest; and
``(6) the Administrator is satisfied that the
selection process will be as open, fair, and objective
as the competitive bid system and that at least 3 or
more bids will be submitted for each project under the
selection process.
``(b) Reimbursement of Costs.--The Administrator may
reimburse an airport sponsor for design and construction costs
incurred before a grant is made pursuant to this section if the
project is approved by the Administrator in advance and is
carried out in accordance with all administrative and statutory
requirements that would have been applicable under this chapter
if the project were carried out after a grant agreement had
been executed.
``(c) Design-Build Contract Defined.--In this section, the
term `design-build contract' means an agreement that provides
for both design and construction of a project by a
contractor.''.
(b) Conforming Amendment.--The analysis for chapter 471 is
amended by inserting after the item relating to section 47141
the following:
``47142. Design-build contracting.''.
SEC. 182. PILOT PROGRAM FOR INNOVATIVE FINANCING OF AIR TRAFFIC CONTROL
EQUIPMENT.
(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,
subject to section 1341 of title 31, United States Code, a
contract for more than one, but not more than 20, fiscal years
to purchase and install air traffic control equipment 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, such sums as may be necessary shall
be available to carry out this section.
SEC. 183. COST SHARING OF AIR TRAFFIC MODERNIZATION PROJECTS.
(a) In General.--Chapter 445 is amended by adding at the
end the following:
``Sec. 44517. Program to permit cost sharing of air traffic
modernization projects
``(a) In General.--Subject to the requirements of this
section, the Secretary may carry out a program under which the
Secretary may make grants to project sponsors for not more than
10 eligible projects per fiscal year for the purpose of
improving aviation safety and enhancing mobility of the
Nation's air transportation system by encouraging non-Federal
investment in critical air traffic control equipment and
software.
``(b) Federal Share.--The Federal share of the cost of an
eligible project carried out under the program shall not exceed
33 percent. The non-Federal share of the cost of an eligible
project shall be provided from non-Federal sources, including
revenues collected pursuant to section 40117.
``(c) Limitation on Grant Amounts.--No eligible project may
receive more than $5,000,000 in Federal funds under the
program.
``(d) Funding.--The Secretary shall use amounts
appropriated under section 48101(a) to carry out the program.
``(e) Definitions.--In this section, the following
definitions apply:
``(1) Eligible project.--The term `eligible
project' means a project to purchase equipment or
software relating to the Nation's air traffic control
system that is certified or approved by the
Administrator of the Federal Aviation Administration
and that promotes safety, efficiency, or mobility. Such
projects may include--
``(A) airport-specific air traffic
facilities and equipment, including local area
augmentation systems, instrument landing
systems, weather and wind shear detection
equipment, and lighting improvements;
``(B) automation tools to effect
improvements in airport capacity, including
passive final approach spacing tools and
traffic management advisory equipment; and
``(C) equipment and software that enhance
airspace control procedures or assist in en
route surveillance, including oceanic and
offshore flight tracking.
``(2) Project sponsor.--The term `project sponsor'
means any major user of the national airspace system,
as determined by the Secretary, including a public-use
airport or a joint venture between a public-use airport
and one or more air carriers.
``(f) Transfers of Equipment.--Notwithstanding any other
provision of law, and upon agreement by the Administrator, a
project sponsor may transfer, without consideration, to the
Federal Aviation Administration, facilities, equipment, or
automation tools, the purchase of which was assisted by a grant
made under this section, if such facilities, equipment or tools
meet Federal Aviation Administration operation and maintenance
criteria.
``(g) Guidelines.--The Administrator shall issue advisory
guidelines on the implementation of the program. The guidelines
shall not be subject to administrative rulemaking requirements
under subchapter II of chapter 5 of title 5.''.
(b) Conforming Amendment.--The analysis for chapter 445 is
amended by adding at the end the following:
``44517. Program to permit cost sharing of air traffic modernization
projects.''.
SEC. 184. FACILITIES AND EQUIPMENT REPORTS.
(a) Biannual Reports.--Beginning 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure every 6 months that describes--
(1) the 10 largest programs funded under section
48101(a) of title 49, United States Code;
(2) any changes in the budget for such programs;
(3) the program schedule; and
(4) technical risks associated with the programs.
(b) Sunset Provision.--This section shall cease to be
effective beginning on the date that is 4 years after the date
of enactment of this Act.
SEC. 185. CIVIL PENALTY FOR PERMANENT CLOSURE OF AN AIRPORT WITHOUT
PROVIDING SUFFICIENT NOTICE.
(a) In General.--Chapter 463 is amended by adding at the
end the following:
``Sec. 46319. Permanent closure of an airport without providing
sufficient notice
``(a) Prohibition.--A public agency (as defined in section
47102) may not permanently 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. Permanent closure of an airport without providing sufficient
notice.''.
SEC. 186. MIDWAY ISLAND AIRPORT.
(a) Findings.--Congress finds that the continued operation
of the Midway Island Airport in accordance with the standards
of the Federal Aviation Administration applicable to commercial
airports is critical to the safety of commercial, military, and
general aviation in the mid-Pacific Ocean region.
(b) Memorandum of Understanding on Sale of Aircraft Fuel.--
The Secretaries of Transportation, Defense, Interior, and
Homeland Security shall enter into a memorandum of
understanding to facilitate the sale of aircraft fuel on Midway
Island at a price that will generate sufficient revenue to
improve the ability of the airport to operate on a self-
sustaining basis in accordance with the standards of the
Federal Aviation Administration applicable to commercial
airports. The memorandum shall also address the long-range
potential of promoting tourism as a means to generate revenue
to operate the airport.
(c) Transfer of Navigation Aids at Midway Island Airport.--
The Midway Island Airport may transfer, without consideration,
to the Administrator the navigation aids at the airport. The
Administrator shall accept the navigation aids and operate and
maintain the navigation aids under criteria of the
Administrator.
(d) Funding to Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a
reimbursable agreement with the Secretary of the Interior for
the purpose of funding airport development, as defined in
section 47102(3) of title 49, United States Code, at Midway
Island Airport for fiscal years ending before October 1, 2007,
from amounts available in the discretionary fund established by
section 47115 of such title. The maximum obligation under the
agreement for any such fiscal year shall be $2,500,000.
SEC. 187. 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, 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. 188. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115 is amended by adding at the end the
following:
``(j) Marshall Islands, Micronesia, and Palau.--For fiscal
years 2004 through 2007, the sponsors of airports located in
the Republic of the Marshall Islands, Federated States of
Micronesia, and Republic of Palau shall be eligible for grants
under this section and section 47116.''.
SEC. 189. LIMITATION ON APPROVAL OF CERTAIN PROGRAMS.
Section 47504(b) is amended by adding at the end the
following:
``(4) The Secretary shall not approve in fiscal years 2004
through 2007 a program submitted under subsection (a) if the
program requires the expenditure of funds made available under
section 48103 for mitigation of aircraft noise less than 65
DNL.''.
SEC. 190. CONVEYANCE OF AIRPORT.
(a) Offer of Conveyance.--Subject to the requirements of
this section, the Chaluka Corporation is hereby offered
ownership of the surface estate in the former Nikolski Radio
Relay Site on Umnak Island, Alaska, and the Aleut Corporation
is hereby offered the subsurface estate of that Site, in
exchange for relinquishment by the Chaluka Corporation and the
Aleut Corporation of Lot 1, Section 14, Township 81 South,
Range 133 West, Seward Meridian, Alaska.
(b) Acceptance and Relinquishment.--
(1) In general.--The Secretary of the Interior
shall convey the land as provided in subsection (c) if
the Chaluka Corporation and the Aleut Corporation take
the actions specified in paragraphs (2) and (3),
respectively.
(2) Chaluka corporation.--As a condition for
conveyance under subsection (c), the Chaluka
Corporation shall notify the Secretary of the Interior
within 180 days after the date of enactment of this Act
that, by means of a legally binding resolution of the
Board of Directors, the Chaluka Corporation--
(A) accepts the offer under subsection (a);
(B) confirms that the area surveyed by the
Bureau of Land Management for the purpose of
fulfilling the Chaluka Corporation's final
entitlements under sections 12(a) and 12(b) of
the Alaska Native Claims Settlement Act (43
U.S.C. 1611(a) and (b)), identified as Group
Survey Number 773, accurately represents the
Chaluka Corporation's final, irrevocable Alaska
Native Claims Settlement Act priorities and
entitlements unless any tract in Group Survey
Number 773 is ultimately not conveyed as the
result of an appeal; and
(C) relinquishes Lot 1, Section 14,
Township 81 South, Range 133 West, Seward
Meridian, Alaska, which will be charged against
the Chaluka Corporation's final entitlement
under section 12(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(b)).
(3) Aleut corporation.--As a condition for the
conveyance under subsection (c), the Aleut Corporation
shall notify the Secretary of the Interior within 180
days after the date of enactment of this Act that, by
means of a legally binding resolution of the Board of
Directors, accompanied by the written legal opinion of
counsel as to the legal sufficiency of the Board of
Directors' action, the Aleut Corporation--
(A) accepts the offer under subsection (a);
and
(B) relinquishes all rights to Lot 1,
Section 14, Township 81 South, Range 133 West,
Seward Meridian, Alaska.
(c) Requirement To Convey.--
(1) Conveyance.--Notwithstanding the existence of
Public Land Order 2374, upon receipt from the Chaluka
Corporation and from the Aleut Corporation of their
acceptances made in accordance with the requirements of
subsections (b)(2) and (b)(3), respectively, of the
offer under subsection (a), the Secretary of the
Interior shall convey to the Chaluka Corporation the
surface estate, and to the Aleut Corporation the
subsurface estate, of--
(A) Phase I lands as soon as practicable;
and
(B) each parcel of Phase II lands upon
completion of environmental restoration of
Phase II lands in accordance with applicable
law.
(2) Phase i liability limit.--Notwithstanding
section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607), neither the Chaluka Corporation nor the
Aleut Corporation shall be subject to any liability
for--
(A) the presence or release of a hazardous
substance, as that term is defined by section
101(14) of that Act (16 U.S.C. 9601(14)), on
Phase I lands or the presence of solid waste on
Phase I lands, which predates conveyance of
those lands to the Chaluka Corporation and the
Aleut Corporation pursuant to this section; or
(B) any release, from any of the hazardous
substances or solid wastes referred to in
subparagraph (A), following conveyance of Phase
I lands under this section, so long as the
presence of or releases from those hazardous
substances or solid wastes are not the result
of actions by the Chaluka Corporation or the
Aleut Corporation.
(3) Continued access over hill and beach streets.--
The surface estate conveyed under paragraph (1) shall
be subject to the public's right of access over Hill
and Beach Streets, located on Tract B of United States
Survey 4904.
(d) Treatment as ANCSA Lands.--Conveyances made under
subsection (c) shall be considered to be conveyances under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and are subject to the provisions of that Act except sections
14(c)(3), 14(c)(4), and 17(b)(3) (43 U.S.C. 1613(c)(3),
1613(c)(4), and 1616(b)(3)).
(e) Authority To Convey Certain Other Lands.--The Secretary
of the Interior shall at no cost to the recipient convey
ownership of--
(1) an estate in fee simple in--
(A) each of Lots 1, 2, 5, 6, and 9 of Tract
B of Amended United States Survey 4904 that is
the subject of an Aleutian Housing Authority
mutual help occupancy agreement, to the
Aleutian Housing Authority; and
(B) the remainder of such Lots to the
current occupants; and
(2) an estate in fee simple in the Nikolski
powerhouse land, to--
(A) the Indian Reorganization Act Tribal
Government for the Native Village of Nikolski,
upon completion of the environmental
restoration described in subsection (f), if
after the restoration the powerhouse continues
to be located on the Nikolski powerhouse land;
or
(B) the surface estate to the Chaluka
Corporation and the subsurface estate to the
Aleut Corporation, if after the restoration,
the Nikolski powerhouse is no longer located on
the Nikolski powerhouse land.
(f) Restoration of Powerhouse Land.--The Denali Commission,
in consultation with the appropriate agency of the State of
Alaska, is authorized to arrange for environmental restoration,
in accordance with applicable law, of the areas on, beneath,
and adjacent to the Nikolski powerhouse land that are
contaminated as a result of powerhouse operations and
activities.
(g) Access.--As a condition of the conveyance of land under
subsection (c), the Chaluka Corporation shall permit the United
States Government, and its agents, employees, and contractors,
to have unrestricted access to the airfield at Nikolski in
perpetuity for site investigation, restoration, remediation,
and environmental monitoring of the former Nikolski Radio Relay
Site and reasonable access to that airfield, and to other land
conveyed under this section, for any activity associated with
management of lands owned by the United States and for other
governmental purposes without cost to the Government.
(h) Survey Requirements.--
(1) BLM surveys.--The Bureau of Land Management is
not required to conduct additional on-the-ground
surveys as a result of conveyances under this section.
The patent to the Chaluka Corporation may be based on
protracted section lines and lotting where
relinquishment under subsection (b)(2)(C) results in a
change to the Chaluka Corporation's final boundaries.
(2) Monumentation.--No additional monumentation is
required to complete those final boundaries.
(i) Authorization of Appropriations.--
(1) Federal agencies.--There is authorized to be
appropriated to the Department of the Interior and
other appropriate agencies such sums as are necessary
to carry out the provisions of this section.
(2) Powerhouse land restoration.--There is
authorized to be appropriated $1,500,000 to reimburse
the appropriate State of Alaska agency for costs
required for environmental restoration of the Nikolski
powerhouse land, in accordance with applicable law.
(j) Termination.--This section shall cease to be effective
if either the Chaluka Corporation or the Aleut Corporation
affirmatively rejects the offer under subsection (a) or if
after 180 days following the date of enactment of this Act
either corporation has not taken the actions specified in
subsection (b)(2) or (b)(3), respectively.
(k) Definitions.--In this section, the following
definitions apply:
(1) The term ``Aleut Corporation'' means the
regional corporation established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
for the region in which the Native Village of Nikolski,
Alaska, is located.
(2) The term ``Chaluka Corporation'' means the
village corporation established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) for the
Native Village of Nikolski, Alaska.
(3) The term ``former Nikolski Radio Relay Site''
means the portions of Tracts A, B, and C of Public Land
Order 2374 that are surveyed as Tracts 37, 37A, 38, 39,
and 39A of Township 83 South, Range 136 West, Seward
Meridian, Alaska, and Tract B of United States Survey
4904, Alaska, except--
(A) Lots 1, 2, 5, 6, and 9 of Tract B of
Amended United States Survey 4904; and
(B) the Nikolski powerhouse land.
(4) The term ``Nikolski powerhouse land'' means the
parcel of land upon which is located the power
generation building for supplying power to the Native
Village of Nikolski, the boundaries of which are
described generally as follows: Beginning at the point
at which the southerly boundary of Tract 39 of Township
83 South, Range 136 West, Seward Meridian, Alaska,
intersects the easterly boundary of the road that
connects the Native Village of Nikolski and the
airfield at Nikolski; then meandering in a
northeasterly direction along the easterly boundary of
that road until the road intersects the westerly
boundary of the road that connects Umnak Lake and the
airfield; then meandering in a southerly direction
along the western boundary of that Umnak Lake road
until that western boundary intersects the southern
boundary of such Tract 39; then proceeding eastward
along the southern boundary of such Tract 39 to the
beginning point.
(5) The term ``Phase I lands'' means Tract 39 of
Township 83 South, Range 136 West, Seward Meridian,
excluding the Nikolski powerhouse land.
(6) The term ``Phase II lands'' means the portion
of the former Nikolski Radio Relay Site not conveyed as
Phase I lands.
TITLE II--FAA ORGANIZATION
Subtitle A--FAA Reform
SEC. 201. 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. 202. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE.
Section 106(p) is amended--
(1) by striking paragraph (3) and inserting the
following:
``(3) Qualifications.--No officer or employee of
the United States Government may be appointed to the
Council under paragraph (2)(C) or to the Air Traffic
Services Committee.''.
(2) in paragraph (4)(C) by inserting ``or Air
Traffic Services Committee'' after ``Council'' each
place it appears;
(3) in paragraph (5) by inserting ``, the Air
Traffic Services Committee,'' after ``Council'';
(4) in paragraph (6)(C)--
(A) by striking ``subcommittee'' in the
subparagraph heading and inserting
``committee'';
(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 Committee''; 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
Committee shall be the members of the Air
Traffic Services Subcommittee of the Council on
the day before the date of enactment of the
Vision 100--Century of Aviation Reauthorization
Act who shall serve in an advisory capacity
until such time as the President appoints the
members of the Committee under paragraph
(7).'';
(5) in paragraph (6)(D) by striking ``under
paragraph (2)(E)'' and inserting ``to the Committee'';
(6) in paragraph (6)(E) by inserting ``or
Committee'' after ``Council'';
(7) in paragraph (6)(F) by inserting ``of the
Council or Committee'' after ``member'';
(8) in the second sentence of subparagraph (6)(G)--
(A) by striking ``Council'' and inserting
``Committee''; and
(B) by striking ``appointed under paragraph
(2)(E)'';
(9) in paragraph (6)(H)--
(A) by striking ``subcommittee'' in the
subparagraph heading and inserting
``committee'';
(B) by striking ``under paragraph (2)(E)''
in clause (i) and inserting ``to the
Committee''; and
(C) by striking ``Air Traffic Services
Subcommittee'' and inserting ``Committee'';
(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 ``Committee'';
(11) in paragraph (6)(I)(ii)--
(A) by striking ``appointed under paragraph
(2)(E)'' and inserting ``who is a member of the
Committee''; and
(B) by striking ``Subcommittee'' and
inserting ``Committee'';
(12) in paragraph (6)(K) by inserting ``or
Committee'' after ``Council'';
(13) in paragraph (6)(L) by inserting ``or
Committee'' after ``Council'' each place it appears;
and
(14) in paragraph (7)--
(A) by striking ``subcommittee'' in the
paragraph heading and inserting ``committee'';
(B) by striking subparagraph (A) and
inserting the following:
``(A) Establishment.--The Administrator
shall establish a committee that is independent
of the Council by converting the Air Traffic
Services Subcommittee of the Council, as in
effect on the day before the date of enactment
of the Vision 100--Century of Aviation
Reauthorization Act, into such committee. The
committee shall be known as the Air Traffic
Services Committee (in this subsection referred
to as the `Committee').'';
(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 Committee
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
committee.--No member of the Committee may--
``(i) have a pecuniary interest in,
or own stock in or bonds of, an
aviation or aeronautical enterprise,
except an interest in a diversified
mutual fund or an interest that is
exempt from the application of section
208 of title 18;
``(ii) engage in another business
related to aviation or aeronautics; or
``(iii) be a member of any
organization that engages, as a
substantial part of its activities, in
activities to influence aviation-
related legislation.'';
(E) by striking ``Subcommittee'' each place
it appears in subparagraphs (D) and (E) (as
redesignated by subparagraph (C) of this
paragraph) and inserting ``Committee'';
(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);
(J) by striking subparagraph (F) (as so
redesignated) and inserting the following:
``(F) Committee personnel matters and
expenses.--
``(i) Personnel matters.--The
Committee may appoint and terminate for
purposes of employment by the Committee
any personnel that may be necessary to
enable the Committee to perform its
duties, and may procure temporary and
intermittent services under section
40122.
``(ii) Travel expenses.--Each
member of the Committee shall receive
travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.'';
(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 ``Committee'';
(L) in subparagraph (H) (as so
redesignated)--
(i) by striking ``Subcommittee''
each place it appears and inserting
``Committee'';
(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 Committee such sums
as may be necessary for the Committee to carry
out its activities.''.
SEC. 203. 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 Committee'';
(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 Committee'';
(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
Committee''; 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. 204. DEPUTY ADMINISTRATOR.
Section 106(d) is amended--
(1) by redesignating paragraphs (2) and (3) as (3)
and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The annual rate of basic pay of the Deputy
Administrator shall be set by the Secretary but shall not
exceed the annual rate of basic pay payable to the
Administrator of the Federal Aviation Administration.''.
Subtitle B--Miscellaneous
SEC. 221. CONTROLLER STAFFING.
(a) Annual Report.--Beginning with the submission of the
Budget of the United States to the Congress for fiscal year
2005, the Administrator of the Federal Aviation Administration
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure that describes
the overall air traffic controller staffing plan, including
strategies to address anticipated retirement and replacement of
air traffic controllers.
(b) Human Capital Workforce Strategy.--
(1) Development.--The Administrator 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
identified in the June 2002 report of the General
Accounting Office.
(2) Completion date.--Not later than 1 year after
the date of enactment of this Act, the Administrator
shall complete development of the strategy.
(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.
SEC. 222. WHISTLEBLOWER PROTECTION UNDER ACQUISITION MANAGEMENT SYSTEM.
Section 40110(d)(2)(C) is amended by striking ``355).'' and
inserting ``355), except for section 315 (41 U.S.C. 265). For
the purpose of applying section 315 of that Act to the system,
the term `executive agency' is deemed to refer to the Federal
Aviation Administration.''.
SEC. 223. 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.
SEC. 224. PROCUREMENT.
(a) 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 and shall be subject to judicial review under
section 46110 and to section 504 of title 5.''.
(b) Authority of Administrator To Acquire Services.--
Section 106(f)(2)(A)(ii) is amended by inserting ``,
services,'' after ``property''.
SEC. 225. 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. 226. AIR TRAFFIC CONTROLLER RETIREMENT.
(a) Air Traffic Controller Defined.--
(1) Civil service retirement system.--Section 8331
of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (27);
(B) by striking the period at the end of
paragraph (28) and inserting ``; and''; and
(C) 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
who is the immediate supervisor of a person
described in section 2109(1)(B).''.
(2) Federal employees' retirement system.--Section
8401 of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (33);
(B) by striking the period at the end of
paragraph (34) and inserting ``; and''; and
(C) 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
who is the immediate supervisor of a person
described in section 2109(1)(B).''.
(3) Mandatory separation treatment not affected.--
(A) 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).''.
(B) 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).''.
(b) Modified Annuity Computation Rule for Certain Air
Traffic Controllers Under FERS.--
(1) In general.--Section 8415 of title 5, United
States Code, is amended--
(A) by redesignating subsections (e)
through (j) as subsections (f) through (k),
respectively, and by redesignating the second
subsection (i) as subsection (l); and
(B) by inserting after subsection (d) the
following:
``(e) The annuity of an air traffic controller or former
air traffic controller retiring under section 8412(a) is
computed under subsection (a), except that if the individual
has had at least 5 years of service as an air traffic
controller as defined by section 2109(1)(A)(i), so much of the
annuity as is computed with respect to such type of service
shall be computed by multiplying 1\7/10\ percent of the
individual's average pay by the years of such service.''.
(2) Conforming amendments.--(A) Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``8415(i)'' and inserting ``8415(j)''.
(B) Section 8452(d)(1) of such title is amended by
striking ``subsection (f)'' and inserting ``subsection
(g)''.
(C) Section 8468(b)(1)(A) of such title is amended
by striking ``through (g)'' and inserting ``through
(h)''.
(D) Section 302(a) of the Federal Employees'
Retirement System Act of 1986 (5 U.S.C. 8331 note) is
amended--
(i) in paragraph (1)(D)(iii)(VI), by
striking ``subsection (g)'' and inserting
``subsection (h)'';
(ii) in paragraph (9), by striking
``8415(f)'' and inserting ``8415(g)''; and
(iii) in paragraph (12)(B)(ii), by striking
``through (f)'' and inserting ``through (g)''.
(c) Effective Date.--
(1) In general.--This section and the amendments
made by this section--
(A) shall take effect on the 60th day after
the date of enactment of this Act; and
(B) shall apply with respect to--
(i) any annuity entitlement which
is based on an individual's separation
from service occurring on or after the
effective date of this section; and
(ii) any service performed by any
such individual before, on, or after
the effective date of this section,
subject to paragraph (2).
(2) Special rule.--
(A) 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 (a)(2) shall, with respect to any
service described in subparagraph (B), 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--
(i) the deductions from pay which
would have been required for such
service if the amendments made by
subsection (a)(2) had been in effect
when such service was performed,
exceeds
(ii) the unrefunded deductions or
deposits actually made under subchapter
II of chapter 84 of such title with
respect to such service.
An amount under this subparagraph shall include
interest, computed under paragraphs (2) and (3)
of section 8334(e) of such title 5.
(B) Prior service described.--This
paragraph applies with respect to any service
performed by an individual before the effective
date of this section as an employee described
in section 8401(35)(B) of title 5, United
States Code (as amended by subsection (a)(2)).
SEC. 227. 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 4 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
amended by adding at the end the following:
``(e) 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.--The Administrator may rely
on certifications of compliance by a design
organization when making a finding under subsection
(a).
``(4) Public safety.--The Administrator shall
include in a design organization certificate issued
under this subsection terms required in the interest of
safety.
``(5) No effect on power of revocation.--Nothing in
this subsection affects the authority of the Secretary
of Transportation to revoke a certificate.''.
(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. 228. JUDICIAL REVIEW.
The first sentence of section 46110(a) is amended--
(1) by striking ``safety''; and
(2) by striking under this part and inserting ``in
whole or in part under this part, part B, or subsection
(l) or (s) of section 114''.
SEC. 229. OVERFLIGHT FEES.
(a) Adoption and Legalization of Certain Rules.--
(1) Applicability and effect of certain law.--
Notwithstanding section 141(d)(1) of the Aviation and
Transportation Security Act (49 U.S.C. 44901 note),
section 45301(b)(1)(B) of title 49, United States Code,
is deemed to apply to and to have effect with respect
to the authority of the Administrator of the Federal
Aviation Administration with respect to the interim
final rule and final rule, relating to overflight fees,
issued by the Administrator on May 30, 2000, and August
13, 2001, respectively.
(2) Adoption and legalization.--The interim final
rule and final rule referred to in subsection (a),
including the fees issued pursuant to those rules, are
adopted, legalized, and confirmed as fully to all
intents and purposes as if the same had, by prior Act
of Congress, been specifically adopted, authorized, and
directed as of the date those rules were originally
issued.
(3) Fees to which applicable.--This subsection
applies to fees assessed after November 19, 2001, and
before April 8, 2003, and fees collected after the
requirements of subsection (b) have been met.
(b) Deferred Collection of Fees.--The Administrator shall
defer collecting fees under section 45301(a)(1) of title 49,
United States Code, until the Administrator (1) reports to
Congress responding to the issues raised by the court in Air
Transport Association of Canada v. Federal Aviation
Administration and Administrator, FAA, decided on April 8,
2003, and (2) consults with users and other interested parties
regarding the consistency of the fees established under such
section with the international obligations of the United
States.
(c) Enforcement.--The Administrator shall take an
appropriate enforcement action under subtitle VII of title 49,
United States Code, against any user that does not pay a fee
under section 45301(a)(1) of such title.
SEC. 230. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.
(a) In General.--Until October 1, 2007, 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 State Government.
(b) Limitation.--Subsection (a) shall not apply--
(1) to a Federal Aviation Administration air
traffic control tower operated under the contract tower
program on the date of enactment of this Act;
(2) to any expansion of that program through new
construction under subtitle VII of title 49, United
States Code; or
(3) to a Federal Aviation Administration air
traffic control tower (other than towers in Alaska)
identified in the Report of the Department of
Transportation Inspector General dated April 12, 2000,
and designated ``Contract Towers: Observations on the
Federal Aviation Administration's Study of Expanding
the Program''.
TITLE III--ENVIRONMENTAL PROCESS
Subtitle A--Aviation Development Streamlining
SEC. 301. SHORT TITLE.
This title may be cited as ``Aviation Streamlining Approval
Process Act of 2003''.
SEC. 302. 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. 303. AIRPORT CAPACITY ENHANCEMENT.
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 47176.''.
SEC. 304. AVIATION PROJECT STREAMLINING.
(a) In General.--Chapter 471 is amended by inserting after
subchapter II the following:
``SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
``Sec. 47171. Expedited, coordinated environmental review process
``(a) Aviation Project Review Process.--The Secretary of
Transportation shall develop and implement an expedited and
coordinated environmental review process for airport capacity
enhancement projects at congested airports, aviation safety
projects, and aviation security projects that--
``(1) provides for better coordination among the
Federal, regional, State, and local agencies concerned
with the preparation of environmental impact statements
or environmental assessments under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(2) provides that all environmental reviews,
analyses, opinions, permits, licenses, and approvals
that must be issued or made by a Federal agency or
airport sponsor for such a project will be conducted
concurrently, to the maximum extent practicable; and
``(3) provides that any environmental review,
analysis, opinion, permit, license, or approval that
must be issued or made by a Federal agency or airport
sponsor for such a project will be completed within a
time period established by the Secretary, in
cooperation with the agencies identified under
subsection (d) with respect to the project.
``(b) Aviation Projects Subject to a Streamlined
Environmental Review Process.--
``(1) Airport capacity enhancement projects at
congested airports.--An airport capacity enhancement
project at a congested airport shall be subject to the
coordinated and expedited environmental review process
requirements set forth in this section.
``(2) Aviation safety and aviation security
projects.--
``(A) In general.--The Administrator of the
Federal Aviation Administration may designate
an aviation safety project or aviation security
project for priority environmental review. The
Administrator may not delegate this designation
authority. A designated project shall be
subject to the coordinated and expedited
environmental review process requirements set
forth in this section.
``(B) Project designation criteria.--The
Administrator shall establish guidelines for
the designation of an aviation safety project
or aviation security project for priority
environmental review. Such guidelines shall
provide for consideration of--
``(i) the importance or urgency of
the project;
``(ii) 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.);
``(iii) the need for cooperation
and concurrent reviews by other Federal
or State agencies;
``(iv) the prospect for undue delay
if the project is not designated for
priority review; and
``(v) for aviation security
projects, the views of the Department
of Homeland Security.
``(c) High Priority of and Agency Participation in
Coordinated Reviews.--
``(1) High priority for environmental reviews.--
Each Federal agency with jurisdiction over an
environmental review, analysis, opinion, permit,
license, or approval shall accord any such review,
analysis, opinion, permit, license, or approval
involving an airport capacity enhancement project at a
congested airport or a project designated under
subsection (b)(2) the highest possible priority and
conduct the review, analysis, opinion, permit, license,
or approval expeditiously.
``(2) Agency participation.--Each Federal agency
described in subsection (d) shall formulate and
implement administrative, policy, and procedural
mechanisms to enable the agency to participate in the
coordinated environmental review process under this
section and to ensure completion of environmental
reviews, analyses, opinions, permits, licenses, and
approvals described in subsection (a) in a timely and
environmentally responsible manner.
``(d) Identification of Jurisdictional Agencies.--With
respect to each airport capacity enhancement project at a
congested airport or a project designated under subsection
(b)(2), 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.
``(e) State Authority.--Under a coordinated review process
being implemented under this section by the Secretary with
respect to a project at an airport within the boundaries of a
State, the Governor of 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.
``(f) 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 (d) with respect to the project and, if
applicable, the airport sponsor.
``(g) Use of Interagency Environmental Impact Statement
Teams.--
``(1) In general.--The Secretary may utilize an
interagency environmental impact statement team to
expedite and coordinate the coordinated environmental
review process for a project under this section. When
utilizing an interagency environmental impact statement
team, the Secretary shall invite Federal, State and
Tribal agencies with jurisdiction by law, and may
invite such agencies with special expertise, to
participate on an interagency environmental impact
statement team.
``(2) Responsibility of interagency environmental
impact statement team.--Under a coordinated
environmental review process being implemented under
this section, the interagency environmental impact
statement team shall assist the Federal Aviation
Administration in the preparation of the environmental
impact statement. To facilitate timely and efficient
environmental review, the team shall agree on agency or
Tribal points of contact, protocols for communication
among agencies, and deadlines for necessary actions by
each individual agency (including the review of
environmental analyses, the conduct of required
consultation and coordination, and the issuance of
environmental opinions, licenses, permits, and
approvals). The members of the team may formalize their
agreement in a written memorandum.
``(h) Lead Agency Responsibility.--The Federal Aviation
Administration shall be the lead agency for projects designated
under subsection (b)(2) and airport capacity enhancement
projects at congested airports and shall be responsible for
defining the scope and content of the environmental impact
statement, consistent with regulations issued by the Council on
Environmental Quality. Any other Federal agency or State agency
that is participating in a coordinated environmental review
process under this section shall give substantial deference, to
the extent consistent with applicable law and policy, to the
aviation expertise of the Federal Aviation Administration.
``(i) 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 (a)(3) for the project, the Secretary
shall notify, within 30 days of the date of such
determination, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, 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.
``(j) 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 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.
``(k) Alternatives Analysis.--The Secretary shall determine
the reasonable alternatives to an airport capacity enhancement
project at a congested airport or a project designated under
subsection (b)(2). Any other Federal agency, 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.
``(l) Solicitation and Consideration of Comments.--In
applying subsections (j) and (k), the Secretary shall solicit
and consider comments from interested persons and governmental
entities in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4371 et seq.).
``(m) 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. Air traffic procedures for airport capacity enhancement
projects at congested airports
``(a) In General.--The Administrator of the Federal
Aviation Administration may consider prescribing flight
procedures to avoid or minimize potentially significant adverse
noise impacts of an airport capacity enhancement project at a
congested airport that involves the construction of new runways
or the reconfiguration of existing runways during the
environmental planning process for the project. If the
Administrator determines that noise mitigation flight
procedures are consistent with safe and efficient use of the
navigable airspace, the Administrator may commit, at the
request of the airport sponsor and in a manner consistent with
applicable Federal law, to prescribing such procedures in any
record of decision approving the project.
``(b) Modification.--Notwithstanding any commitment by the
Administrator under subsection (a), the Administrator may
initiate changes to such procedures if necessary to maintain
safety and efficiency in light of new information or changed
circumstances.
``Sec. 47173. Airport funding of FAA staff
``(a) Acceptance of Sponsor-Provided Funds.--
Notwithstanding any other provision of law, the Administrator
of the Federal Aviation Administration may accept funds from an
airport sponsor, including funds provided to the sponsor under
section 47114(c), to hire additional staff or obtain the
services of consultants in order to facilitate the timely
processing, review, and completion of environmental activities
associated with an airport development project.
``(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. 47174. 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. 47175. Definitions
``In this subchapter, the following definitions apply:
``(1) Airport sponsor.--The term `airport sponsor'
has the meaning given the term `sponsor' under section
47102.
``(2) Congested airport.--The term `congested
airport' means an airport that accounted for at least 1
percent of all delayed aircraft operations in the
United States in the most recent year for which such
data is available and an airport listed in table 1 of
the Federal Aviation Administration's Airport Capacity
Benchmark Report 2001.
``(3) Airport capacity enhancement project.--The
term `airport capacity enhancement project' means--
``(A) a project for construction or
extension of a runway, including any land
acquisition, taxiway, or safety area associated
with the runway or runway extension; and
``(B) such other airport development
projects as the Secretary may designate as
facilitating a reduction in air traffic
congestion and delays.
``(4) Aviation safety project.--The term `aviation
safety project' means an aviation project that--
``(A) has as its primary purpose reducing
the risk of injury to persons or damage to
aircraft and property, as determined by the
Administrator; and
``(B)(i) is needed to respond to a
recommendation from the National Transportation
Safety Board, as determined by the
Administrator; or
``(ii) is necessary for an airport to
comply with part 139 of title 14, Code of
Federal Regulations (relating to airport
certification).
``(5) Aviation security project.--The term
`aviation security project' means a security project at
an airport required by the Department of Homeland
Security.
``(6) Federal agency.--The term `Federal agency'
means a department or agency of the United States
Government.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
``47171. Expedited, coordinated environmental review process.
``47172. Air traffic procedures for airport capacity enhancement
projects at congested airports.
``47173. Airport funding of FAA staff.
``47174. Authorization of appropriations.
``47175. Definitions.''.
SEC. 305. ELIMINATION OF DUPLICATIVE REQUIREMENTS.
Section 47106(c) is amended--
(1) by inserting ``and'' after the semicolon at the
end of paragraph (1)(A)(iii) (as added by this Act);
(2) by striking subparagraph (B) of paragraph (1);
(3) by redesignating subparagraph (C) of paragraph
(1) as subparagraph (B);
(4) in paragraph (2)(A) by striking ``stage 2'' and
inserting ``stage 3'';
(5) by striking paragraph (4);
(6) by redesignating paragraph (5) as paragraph
(4); and
(7) in paragraph (4) (as so redesignated) by
striking ``(1)(C)'' and inserting ``(1)(B)''.
SEC. 306. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) 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 47175) and a
unit of local government referred to in
paragraph (1)(B) of this subsection to carry
out a project to mitigate noise in the area
surrounding the airport if the project is
included as a commitment in a record of
decision of the Federal Aviation Administration
for an airport capacity enhancement project (as
defined in section 47175) even if that airport
has not met the requirements of part 150 of
title 14, Code of Federal Regulations.''.
SEC. 307. ISSUANCE OF ORDERS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall publish the final
Federal Aviation Administration Order 1050.1E, Environmental
Impacts: Policies and Procedures. Not later than 180 days after
the date of publication of such final order, the Secretary
shall publish for public comment the revised Federal Aviation
Administration Order 5050.4B, Airport Environmental Handbook.
SEC. 308. LIMITATIONS.
Nothing in this subtitle, 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. 309. RELATIONSHIP TO OTHER REQUIREMENTS.
The coordinated review process required under the
amendments made by this subtitle 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).
Subtitle B--Miscellaneous
SEC. 321. REPORT ON LONG TERM ENVIRONMENTAL IMPROVEMENTS.
(a) In General.--The Secretary of Transportation, in
consultation with the Administrator of the National Aeronautics
and Space Administration, shall conduct a study of ways to
reduce aircraft noise and emissions and to increase aircraft
fuel efficiency. The study shall--
(1) explore new operational procedures for aircraft
to achieve those goals;
(2) identify both near term and long term options
to achieve those goals;
(3) identify infrastructure changes that would
contribute to attainment of those goals;
(4) identify emerging technologies that might
contribute to attainment of those goals;
(5) develop a research plan for application of such
emerging technologies, including new combuster and
engine design concepts and methodologies for designing
high bypass ratio turbofan engines so as to minimize
the effects on climate change per unit of production of
thrust and flight speed; and
(6) develop an implementation plan for exploiting
such emerging technologies to attain those goals.
(b) Report.--The Secretary shall transmit a report on the
study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 1 year after the date
of enactment of this Act.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $500,000 for fiscal year
2004 to carry out this section.
SEC. 322. NOISE DISCLOSURE.
(a) Noise Disclosure System Implementation Study.--The
Administrator of the Federal Aviation Administration shall
conduct a study to determine the feasibility of developing a
program under which prospective home buyers of property located
in the vicinity of an airport could be notified of information
derived from noise exposure maps that may affect the use and
enjoyment of the property. The study shall assess the scope,
administration, usefulness, and burdensomeness of any such
program, the costs and benefits of such a program, and whether
participation in such a program should be voluntary or
mandatory.
(b) Public Availability of Noise Exposure Maps.--The
Administrator shall make noise exposure and land use
information from noise exposure maps available to the public
via the Internet on its website in an appropriate format.
(c) Noise Exposure Map.--In this section, the term ``noise
exposure map'' means a noise exposure map prepared under
section 47503 of title 49, United States Code.
SEC. 323. OVERFLIGHTS OF NATIONAL PARKS.
(a) In General.--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) and (b)(3)(B) by
inserting ``over a national park'' after
``operations'';
(3) in subsection (b)(3)(C) by inserting ``over a
national park that are also'' after ``operations'';
(4) in subsection (b)(3)(D) by striking ``at the
park'' and inserting ``over a national park'';
(5) in subsection (b)(3)(E) by inserting ``over a
national park'' after ``operations'' the first place it
appears;
(6) in subsections (c)(2)(A)(i) and (c)(2)(B) by
inserting ``over a national park'' after
``operations'';
(7) in subsection (f)(1) by inserting ``over a
national park'' after ``operation'';
(8) 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),'';
(9) in subsection (f)(4)(B) by inserting ``over a
national park'' after ``operation''; and
(10) in the heading for paragraph (4) of subsection
(f) by inserting ``over a national park'' after
``operation''.
(b) Quiet Technology Rulemaking for Air Tours Over Grand
Canyon National Park.--
(1) Deadline for rule.--No later than January 2005,
the Secretary of Transportation shall issue a final
rule to establish standards for quiet technology that
are reasonably achievable at Grand Canyon National
Park, based on the Supplemental Notice of Proposed
Rulemaking on Noise Limitations for Aircraft Operations
in the Vicinity of Grand Canyon National Park,
published in the Federal Register on March 24, 2003.
(2) Resolution of disputes.--Subject to applicable
administrative law and procedures, if the Secretary
determines that a dispute among interested parties
(including outside groups) or government agencies
cannot be resolved within a reasonable time frame and
could delay finalizing the rulemaking described in
subsection (a), or implementation of final standards
under such rule, due to controversy over adoption of
quiet technology routes, establishment of incentives to
encourage adoption of such routes, establishment of
incentives to encourage adoption of quite technology,
or other measures to achieve substantial restoration of
natural quiet, the Secretary shall refer such dispute
to a recognized center for environmental conflict
resolution.
SEC. 324. 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. 325. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.
Not later than April 1, 2005, the Secretary of
Transportation shall issue final regulations to implement
Chapter 4 noise standards, consistent with the recommendations
adopted by the International Civil Aviation Organization.
SEC. 326. REDUCTION OF NOISE AND EMISSIONS FROM CIVILIAN AIRCRAFT.
(a) Establishment of Research Program.--From amounts made
available under section 48102(a) of title 49, United States
Code, the Secretary of Transportation shall establish a
research program related to reducing community exposure to
civilian aircraft noise or emissions through grants or other
measures authorized under section 106(l)(6) of such title,
including reimbursable agreements with other Federal agencies.
The program shall include participation by educational and
research institutions that have existing facilities for
developing and testing noise reduction engine technology.
(b) Designation of Institute as a Center of Excellence.--
The Administrator of the Federal Aviation Administration shall
designate an institution described in subsection (a) as a
Center of Excellence for Noise and Emission Research.
SEC. 327. SPECIAL RULE FOR AIRPORT IN ILLINOIS.
(a) In General.--Nothing in this title shall be construed
to preclude the application of any provision of this Act to the
State of Illinois or any other sponsor of a new airport
proposed to be constructed in the State of Illinois.
(b) Authority of the Governor.--Nothing in this title shall
be construed to preempt the authority of the Governor of the
State of Illinois as of August 1, 2001, to approve or
disapprove airport development projects.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Small Community Air Service
SEC. 401. EXEMPTION FROM HOLD-IN REQUIREMENTS.
Section 41734 is amended by adding at the end the
following:
``(i) 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
scheduled passenger 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.''.
SEC. 402. ADJUSTMENTS TO ACCOUNT FOR SIGNIFICANTLY INCREASED COSTS.
(a) In General.--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
for which compensation is being paid under this
subchapter, the Secretary may increase the rates of
compensation payable under this subchapter without
regard to any agreement or requirement relating to the
renegotiation of contracts or any notice requirement
under section 41734.
``(2) Readjustment if costs subsequently decline.--
If an adjustment is made under paragraph (1), and total
unit costs subsequently decrease to at least the total
unit cost reflected in the compensation rate, then the
Secretary may reverse the adjustment previously made
under paragraph (1) without regard to any agreement or
requirement relating to the renegotiation of contracts
or any notice requirement under section 41734.
``(3) Significantly increased costs defined.--In
this subsection, the term `significantly increased
costs' means a total unit cost increase (but not
increases in individual unit costs) of 10 percent or
more in relation to the total unit cost reflected in
the compensation rate, based on the carrier's internal
audit of its financial statements if such cost increase
is incurred for a period of at least 2 consecutive
months.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 30 days after the date of enactment of this
Act.
SEC. 403. JOINT PROPOSALS.
Section 41740 is amended by inserting ``, including joint
fares,'' after ``joint proposals''.
SEC. 404. ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742 is amended--
(1) in subsection (a)(2)--
(A) by striking ``$15,000,000'' and
inserting ``$77,000,000''; and
(B) by inserting before the period at the
end ``of which not more than $12,000,000 per
fiscal year may be used for the marketing
incentive program for communities and for State
marketing assistance'';
(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) and redesignating
subsection (d) as subsection (c).
SEC. 405. COMMUNITY AND REGIONAL CHOICE PROGRAMS.
Subchapter II of chapter 417 is amended by adding at the
end the following:
``Sec. 41745. Community and regional choice programs
``(a) Alternate Essential Air Service Pilot Program.--
``(1) Establishment.--The Secretary of
Transportation shall establish an alternate essential
air service pilot program in accordance with the
requirements of this section.
``(2) Assistance to eligible places.--In carrying
out the program, the Secretary, instead of paying
compensation to an air carrier to provide essential air
service to an eligible place, may provide assistance
directly to a unit of local government having
jurisdiction over the eligible place or a State within
the boundaries of which the eligible place is located.
``(3) Use of assistance.--A unit of local
government or State receiving assistance for an
eligible place under the program may use the assistance
for any of the following purposes:
``(A) To provide assistance to air carriers
that will use smaller equipment to provide the
service and to consider increasing the
frequency of service using such smaller
equipment if the Secretary determines that
passenger safety would not be compromised by
the use of such smaller equipment and if the
State or unit of local government waives the
minimum service requirements under section
41732(b).
``(B) To provide assistance to an air
carrier to provide on-demand air taxi service
to and from the eligible place.
``(C) To provide assistance to a person to
provide scheduled or on-demand surface
transportation to and from the eligible place
and an airport in another place.
``(D) In combination with other units of
local government in the same region, to provide
transportation services to and from all the
eligible places in that region at an airport or
other transportation center that can serve all
the eligible places in that region.
``(E) To purchase aircraft to provide
transportation to and from the eligible place
or to purchase a fractional share in an
aircraft to provide such transportation after
the effective date of a rule the Secretary
issues relating to fractional ownership.
``(F) To pay for other transportation or
related services that the Secretary may permit.
``(b) Community Flexibility Pilot Program.--
``(1) In general.--The Secretary shall establish a
pilot program for not more than 10 eligible places or
consortia of units of local government.
``(2) Election.--Under the program, the sponsor of
an airport serving an eligible place may elect to
forego any essential air service for which compensation
is being provided under this subchapter for a 10-year
period in exchange for a grant from the Secretary equal
in value to twice the compensation paid to provide such
service in the most recent 12-month period.
``(3) Grant.--Notwithstanding any other provision
of law, the Secretary shall make a grant to each
airport sponsor participating in the program for use on
any project that--
``(A) is eligible for assistance under
chapter 471 and complies with the requirements
of that chapter;
``(B) is located on the airport property;
or
``(C) will improve airport facilities in a
way that would make such facilities more usable
for general aviation.
``(c) Fractionally Owned Aircraft.--After the effective
date of the rule referred to in subsection (a)(3)(E), only
those operating rules that relate to an aircraft that is
fractionally owned apply when an aircraft described in
subsection (a)(3)(E) is used to provide transportation
described in subsection (a)(3)(E).
``(d) Applications.--
``(1) In general.--An entity seeking to participate
in a program under this section shall submit to the
Secretary an application in such form and containing
such information as the Secretary may require.
``(2) Required information.--At a minimum, the
application shall include--
``(A) a statement of the amount of
compensation or assistance required; and
``(B) a description of how the compensation
or assistance will be used.
``(e) Participation Requirements.--An eligible place for
which compensation or assistance is provided under this section
in a fiscal year shall not be eligible in that fiscal year for
the essential air service that it would otherwise be entitled
to under this subchapter.
``(f) Subsequent Participation.--A unit of local government
participating in the program under this subsection (a) in a
fiscal year shall not be prohibited from participating in the
basic essential air service program under this subchapter in a
subsequent fiscal year if such unit is otherwise eligible to
participate in such program.
``(g) 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.''.
SEC. 406. CODE-SHARING PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
establish a pilot program under which the Secretary may require
air carriers providing service with compensation under
subchapter II of chapter 417 of title 49, United States Code,
and major air carriers (as defined in section 41716(a)(2) of
such title) serving large hub airports (as defined in section
40102 of such title) to participate in multiple code-share
arrangements consistent with normal industry practice whenever
and wherever the Secretary determines that such multiple code-
sharing arrangements would improve air transportation services.
(b) Limitation.--The Secretary may not require air carriers
to participate in the pilot program under this section for more
than 10 communities receiving service under subchapter II of
chapter 417 of title 49, United States Code.
SEC. 407. TRACKING SERVICE.
Subchapter II of chapter 417 is further amended by adding
at the end the following:
``Sec. 41746. Tracking service
``The Secretary of Transportation shall require a carrier
that provides essential air service to an eligible place and
that receives compensation for such service under this
subchapter to report not less than semiannually--
``(1) the percentage of flights to and from the
place that arrive on time as defined by the Secretary;
and
``(2) such other information as the Secretary
considers necessary to evaluate service provided to
passengers traveling to and from such place.''.
SEC. 408. EAS LOCAL PARTICIPATION PROGRAM.
(a) In General.--Subchapter II of chapter 417 is further
amended by adding at the end the following:
``Sec. 41747. EAS local participation program
``(a) In General.--The Secretary of Transportation shall
establish a pilot program under which not more than 10
designated essential air service communities located in
proximity to hub airports are required to assume 10 percent of
their essential air service subsidy costs for a 4-year period.
``(b) Designation of Communities.--
``(1) In general.--The Secretary may not designate
any community under this section unless it is located
within 100 miles by road of a hub airport and is not
located in a noncontiguous State. In making the
designation, the Secretary may take into consideration
the total traveltime between a community and the
nearest hub airport, taking into account terrain,
traffic, weather, road conditions, and other relevant
factors.
``(2) One community per state.--The Secretary may
not designate--
``(A) more than 1 community per State under
this section; or
``(B) a community in a State in which
another community that is eligible to
participate in the essential air service
program has elected not to participate in the
essential air service program as part of a
pilot program under section 41745.
``(c) Appeal of Designation.--A community may appeal its
designation under this section. The Secretary may withdraw the
designation of a community under this section based on--
``(1) the airport sponsor's ability to pay; or
``(2) the relative lack of financial resources in a
community, based on a comparison of the median income
of the community with other communities in the State.
``(d) Non-Federal Share.--
``(1) Non-federal amounts.--For purposes of this
section, the non-Federal portion of the essential air
service subsidy may be derived from contributions in
kind, or through reduction in the amount of the
essential air service subsidy through reduction of air
carrier costs, increased ridership, pre-purchase of
tickets, or other means. The Secretary shall provide
assistance to designated communities in identifying
potential means of reducing the amount of the subsidy
without adversely affecting air transportation service
to the community.
``(2) Application with other matching
requirements.--This section shall apply to the Federal
share of essential air service provided this
subchapter, after the application of any other non-
Federal share matching requirements imposed by law.
``(e) Eligibility for Other Programs Not Affected.--Nothing
in this section affects the eligibility of a community or
consortium of communities, an airport sponsor, or any other
person to participate in any program authorized by this
subchapter. A community designated under this section may
participate in any program (including pilot programs)
authorized by this subchapter for which it is otherwise
eligible--
``(1) without regard to any limitation on the
number of communities that may participate in that
program; and
``(2) without reducing the number of other
communities that may participate in that program.
``(f) Secretary To Report to Congress on Impact.--The
Secretary shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on--
``(1) the economic condition of communities
designated under this section before their designation;
``(2) the impact of designation under this section
on such communities at the end of each of the 3 years
following their designation; and
``(3) the impact of designation on air traffic
patterns affecting air transportation to and from
communities designated under this section.''.
(b) Conforming Amendment.--The analysis for subchapter II
of chapter 417 is amended by adding at the end the following:
``41745. Community and regional choice programs.
``41746. Tracking service.
``41747. EAS local participation program.''.
SEC. 409. MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING
ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES.
(a) Request for Secretarial Review.--An eligible place (as
defined in section 41731 of title 49, United States Code) with
respect to which the Secretary has, in the 2-year period ending
on the date of enactment of this Act, eliminated (or
tentatively eliminated) compensation for essential air service
to such place, or terminated (or tentatively terminated) the
compensation eligibility of such place for essential air
service, under section 332 of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731
note), section 205 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 41731 note), or
any prior law of similar effect based on the highway mileage of
such place from the nearest hub airport (as defined in section
40102 of such title), may request the Secretary to review such
action.
(b) Determination of Mileage.--In reviewing an action under
subsection (a), the highway mileage between an eligible place
and the nearest medium hub airport or large hub airport is the
highway mileage of the most commonly used route between the
place and the medium hub airport or large hub airport. In
identifying such route, the Secretary shall identify the most
commonly used route for a community by--
(1) consulting with the Governor of a State or the
Governor's designee; and
(2) considering the certification of the Governor
of a State or the Governor's designee as to the most
commonly used route.
(c) Eligibility Determination.--Not later than 60 days
after receiving a request under subsection (a), the Secretary
shall--
(1) determine whether the eligible place would have
been subject to an elimination of compensation
eligibility for essential air service, or termination
of the eligibility of such place for essential air
service, under the provisions of law referred to in
subsection (a) based on the determination of the
highway mileage of such place from the nearest medium
hub airport or large hub airport under subsection (b);
and
(2) issue a final order with respect to the
eligibility of such place for essential air service
compensation under subchapter II of chapter 417 of
title 49, United States Code.
(d) Limitation on Period of Final Order.--A final order
issued under subsection (c) shall terminate on September 30,
2007.
SEC. 410. INCENTIVE PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to enable essential air service communities to
increase boardings and the level of passenger usage of
airport facilities at an eligible place by providing
technical, financial, and other marketing assistance to
such communities and to States;
(2) to reduce subsidy costs under subchapter II of
this chapter as a consequence of such increased usage;
and
(3) to provide such communities with opportunities
to obtain, retain, and improve transportation services.
(b) Marketing Program.--Subchapter II of chapter 417 is
further amended by adding at the end the following:
``Sec. 41748. Marketing program
``(a) In General.--The Secretary of Transportation shall
establish a marketing incentive program for eligible places
that receive subsidized service by an air carrier under section
41733. Under the program, the sponsor of the airport serving
such an eligible place may receive a grant of not more than
$50,000 in a fiscal year to develop and implement a marketing
plan to increase passenger boardings and the level of passenger
usage of its airport facilities.
``(b) Matching Requirement; Success Bonuses--
``(1) In general.--Except as provided in paragraphs
(2) and (3), not less than 25 percent of the publicly
financed costs associated with a marketing plan to be
developed and implemented under this section shall come
from non-Federal sources. For purposes of this
section--
``(A) the non-Federal portion of the
publicly financed costs may be derived from
contributions in kind; and
``(B) matching contributions from a State
or unit of local government may not be derived,
directly or indirectly, from Federal funds, but
the use by the State or unit of local
government of proceeds from the sale of bonds
to provide the matching contribution is not
considered to be a contribution derived
directly or indirectly from Federal funds,
without regard to the Federal income tax
treatment of interest paid on those bonds or
the Federal income tax treatment of those
bonds.
``(2) Bonus for 25-percent increase in usage.--
Except as provided in paragraph (3), if, after any 12-
month period during which a marketing plan has been in
effect under this section with respect to an eligible
place, the Secretary determines that the marketing plan
has increased average monthly boardings, or the level
of passenger usage, at the airport serving the eligible
place, by 25 percent or more, then only 10 percent of
the publicly financed costs associated with the
marketing plan shall be required to come from non-
Federal sources under this subsection for the following
12-month period.
``(3) Bonus for 50-percent increase in usage.--If,
after any 12-month period during which a marketing plan
has been in effect under this section with respect to
an eligible place, the Secretary determines that the
marketing plan has increased average monthly boardings,
or the level of passenger usage, at the airport serving
the eligible place, by 50 percent or more, then no
portion of the publicly financed costs associated with
the marketing plan shall be required to come from non-
Federal sources under this subsection for the following
12-month period.''.
(b) Conforming Amendment.--The analysis for subchapter II
of chapter 417 is further amended by adding at the end the
following:
``41748. Marketing program.''.
SEC. 411. NATIONAL COMMISSION ON SMALL COMMUNITY AIR SERVICE.
(a) Establishment.--There is established a commission to be
known as the ``National Commission on Small Community Air
Service'' (in this section referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed
of 9 members of whom--
(A) 3 members shall be appointed by the
Secretary;
(B) 2 members shall be appointed by the
majority leader of the Senate;
(C) 1 member shall be appointed by the
minority leader of the Senate;
(D) 2 members shall be appointed by the
Speaker of the House of Representatives; and
(E) 1 member shall be appointed by the
minority leader of the House of
Representatives.
(2) Qualifications.--Of the members appointed by
the Secretary under paragraph (1)(A)--
(A) 1 member shall be a representative of a
regional airline;
(B) 1 member shall be a representative of a
small hub airport or nonhub airport (as such
terms are defined in section 40102 of title 49,
United States Code); and
(C) 1 member shall be a representative of a
State aviation agency.
(3) Terms.--Members shall be appointed for the life
of the Commission.
(4) Vacancies.--A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made.
(5) Travel expenses.--Members shall serve without
pay but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States
Code.
(c) Chairperson.--The Secretary shall designate, from among
the individuals appointed under subsection (b)(1), an
individual to serve as chairperson of the Commission.
(d) Duties.--
(1) Study.--The Commission shall undertake a study
of--
(A) the challenges faced by small
communities in the United States with respect
to retaining and enhancing their scheduled
commercial air service; and
(B) whether the existing Federal programs
charged with helping small communities are
adequate for them to retain and enhance their
existing air service.
(2) Essential air service communities.--In
conducting the study, the Commission shall pay
particular attention to the state of scheduled
commercial air service in communities currently served
by the essential air service program.
(e) Recommendations.--Based on the results of the study
under subsection (d), the Commission shall make such
recommendations as it considers necessary to--
(1) improve the state of scheduled commercial air
service at small communities in the United States,
especially communities described in subsection (d)(2);
and
(2) improve the ability of small communities to
retain and enhance their existing air service.
(f) Report.--Not later than 6 months after the date on
which initial appointments of members to the Commission are
completed, the Commission shall transmit to the President and
Congress a report on the activities of the Commission,
including recommendations made by the Commission under
subsection (e).
(g) Commission Panels.--The chairperson of the Commission
shall establish such panels consisting of members of the
Commission as the chairperson determines appropriate to carry
out the functions of the Commission.
(h) Commission Personnel Matters.--
(1) Staff.--The Commission may appoint and fix the
pay of such personnel as it considers appropriate.
(2) Staff of federal agencies.--Upon request of the
chairperson of the Commission, the head of any
department or agency of the United States may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out its duties under this section.
(3) Other staff and support.--Upon the request of
the Commission, or a panel of the Commission, the
Secretary shall provide the Commission or panel with
professional and administrative staff and other
support, on a reimbursable basis, to assist the
Commission or panel in carrying out its
responsibilities.
(i) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information (other than information required by any statute of
the United States to be kept confidential by such department or
agency) necessary for the Commission to carry out its duties
under this section. Upon request of the chairperson of the
Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
(j) Termination.--The Commission shall terminate on the
30th day following the date of transmittal of the report under
subsection (f).
(k) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
(l) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $250,000 to be used to fund
the Commission.
SEC. 412. SMALL COMMUNITY AIR 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) and inserting
the following:
``(3) State limit.--Not more than 4 communities or
consortia of communities, or a combination thereof,
from the same State may be selected to participate in
the program in any fiscal year.'';
(B) by adding at the end of paragraph (4)
the following: ``No community, consortia of
communities, nor combination thereof may
participate in the program in support of the
same project more than once, but any community,
consortia of communities, or combination
thereof may apply, subsequent to such
participation, to participate in the program in
support of a different project.''; and
(C) in paragraph (5)--
(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 will be used in a
timely fashion.'';
(4) in subsection (e)(2)--
(A) by striking ``and'' the first place it
appears and inserting a comma; and
(B) by inserting after ``2003'' the
following ``, and $35,000,000 for each of
fiscal years 2004 through 2008''; and
(5) in subsection (f) by striking ``pilot''.
Subtitle B--Miscellaneous
SEC. 421. 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 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.''.
SEC. 422. DELAY REDUCTION ACTIONS.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following new section:
``Sec. 41722. Delay reduction actions
``(a) Scheduling Reduction Meetings.--The Secretary of
Transportation may request that air carriers meet with the
Administrator of the Federal Aviation Administration to discuss
flight reductions at severely congested airports to reduce
overscheduling and flight delays during hours of peak operation
if--
``(1) the Administrator determines that it is
necessary to convene such a meeting; and
``(2) the Secretary determines that the meeting is
necessary to meet a serious transportation need or
achieve an important public benefit.
``(b) Meeting Conditions.--Any meeting under subsection
(a)--
``(1) shall be chaired by the Administrator;
``(2) shall be open to all scheduled air carriers;
and
``(3) shall be limited to discussions involving the
airports and time periods described in the
Administrator's determination.
``(c) Flight Reduction Targets.--Before any such meeting is
held, the Administrator shall establish flight reduction
targets for the meeting and notify the attending air carriers
of those targets not less than 48 hours before the meeting.
``(d) Delay Reduction Offers.--An air carrier attending the
meeting shall make any offer to meet a flight reduction target
to the Administrator rather than to another carrier.
``(e) Transcript.--The Administrator shall ensure that a
transcript of the meeting is kept and made available to the
public not later than 3 business days after the conclusion of
the meeting.''.
(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. Delay reduction actions.''.
SEC. 423. 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, with the
concurrence of the Attorney General, shall issue
guidelines concerning the pilot program. Such
guidelines, at a minimum, shall--
``(A) define a capacity reduction event;
``(B) establish 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
``(C) 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.
The Attorney General, or the Attorney General's designee, may
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 2 airports to
participate in the pilot program from among the most capacity-
constrained airports in the Nation 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, with the concurrence of the
Attorney General, 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, with the concurrence of the Attorney
General, 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) Antitrust Immunity.--
``(1) In general.--Unless, within 5 days after
receiving notice from the Secretary of the Secretary's
intention to exercise authority under this subsection,
the Attorney General submits to the Secretary a written
objection to such action, including reasons for such
objection, the Secretary may exempt an air carrier's or
foreign air carrier's activities that are necessary to
participate in the pilot program under this section
from the antitrust laws for the sole purpose of
participating in the pilot program. Such exemption
shall not extend to any discussions, agreements, or
activities outside the scope of the pilot program.
``(2) Antitrust laws defined.--In this section, the
term `antitrust laws' has the meaning given that term
in the first section of the Clayton Act (15 U.S.C. 12).
``(i) Consultation With Attorney General.--The Secretary
shall consult with the Attorney General regarding the design
and implementation of the pilot program, including determining
whether a limit should be set on the number of occasions
collaborative decisionmaking could be employed during the
initial 2-year period of the pilot program.
``(j) 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, with the concurrence of the Attorney
General, 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.
``(k) Extension of Pilot Program.--At the end of the 2-year
period for which the pilot program is authorized, the
Administrator, with the concurrence of the Attorney General,
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
(j) that the pilot program has facilitated more effective use
of air traffic capacity and if the Secretary, with the
concurrence of the Attorney General, 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. 424. COMPETITION DISCLOSURE REQUIREMENT FOR LARGE AND MEDIUM HUB
AIRPORTS.
Section 47107 is amended by adding at the end the
following:
``(s) Competition Disclosure Requirement.--
``(1) In general.--The Secretary of Transportation
may approve an application under this subchapter for an
airport development project grant for a large hub
airport or a medium hub airport only if the Secretary
receives assurances that the airport sponsor will
provide the information required by paragraph (2) at
such time and in such form as the Secretary may
require.
``(2) Competitive access.--On February 1 and August
1 of each year, an airport that during the previous 6-
month period has been unable to accommodate one or more
requests by an air carrier for access to gates or other
facilities at that airport in order to provide service
to the airport or to expand service at the airport
shall transmit a report to the Secretary that--
``(A) describes the requests;
``(B) provides an explanation as to why the
requests could not be accommodated; and
``(C) provides a time frame within which,
if any, the airport will be able to accommodate
the requests.
``(3) Sunset provision.--This subsection shall
cease to be effective beginning October 1, 2008.''.
SEC. 425. 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 ``without regard to the
criteria contained in subsection
(b)(1), 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.''.
SEC. 426. DEFINITION OF COMMUTER AIRCRAFT.
(a) 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.''.
(b) Regulations.--The Administrator of the Federal Aviation
Administration shall revise regulations to take into account
the amendment made by subsection (a).
SEC. 427. 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. 428. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.
Section 145(c) of the Aviation and Transportation Security
Act of 2001 (49 U.S.C. 40101 note) is amended by striking
``more than'' and all that follows through ``after'' and
inserting ``more than 36 months after''.
TITLE V--AVIATION SAFETY
SEC. 501. 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. 502. RUNWAY SAFETY STANDARDS.
(a) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44727. Runway safety areas
``(a) Airports in Alaska.--An airport owner or operator in
the State of Alaska 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) Study.--
``(1) In general.--The Secretary shall conduct a
study of runways at airports in States other than
Alaska to determine which airports are affected by
standards of the Federal Aviation Administration
applicable to runway safety areas and to assess how
operations at those airports would be affected if the
owner or operator of the airport is 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 such standards.
``(2) Report.--Not later than 9 months after the
date of enactment of this section, the Secretary 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 containing the results of the
study.''.
(b) Conforming Amendment.--The analysis for chapter 447 is
amended by adding at the end the following:
``44727. Runway safety areas.''.
SEC. 503. CIVIL PENALTIES.
(a) Increase in Maximum Civil Penalty.--Section 46301(a) is
amended--
(1) by striking ``$1,000'' in paragraph (1) and
inserting ``$25,000 (or $1,100 if the person is an
individual or small business concern)'';
(2) by striking ``or'' the last place it appears in
paragraph (1)(A);
(3) by striking ``section)'' in paragraph (1)(A)
and inserting ``section), or section 47133'';
(4) by striking paragraphs (2), (3), (6), and (7)
and redesignating paragraphs (4), (5), and (8) as
paragraphs (2), (3), and (4), respectively;
(5) by striking ``41715'' each place it appears in
paragraph (2), as redesignated, and inserting
``41719'';
(6) by striking ``paragraphs (1) and (2)'' in
paragraph (4), as redesignated, and inserting
``paragraph (1)''; and
(7) by adding at the end the following:
``(5) Penalties applicable to individuals and small
business concerns.--
``(A) An individual (except an airman
serving as an airman) or small business concern
is liable to the Government for a civil penalty
of not more than $10,000 for violating--
``(i) chapter 401 (except sections
40103(a) and (d), 40105, 40106(b),
40116, and 40117), section 44502 (b) or
(c), chapter 447 (except sections
44717-44723), or chapter 449 (except
sections 44902, 44903(d), 44904, and
44907-44909) of this title; or
``(ii) a regulation prescribed or
order issued under any provision to
which clause (i) applies.
``(B) A civil penalty of not more than
$10,000 may be imposed for each violation under
paragraph (1) committed by an individual or
small business concern related to--
``(i) the transportation of
hazardous material;
``(ii) the registration or
recordation under chapter 441 of an
aircraft not used to provide air
transportation;
``(iii) a violation of section
44718(d), relating to the limitation on
construction or establishment of
landfills;
``(iv) a violation of section
44725, relating to the safe disposal of
life-limited aircraft parts; or
``(v) a violation of section 40127
or section 41705, relating to
discrimination.
``(C) Notwithstanding paragraph (1), the
maximum civil penalty for a violation of
section 41719 committed by an individual or
small business concern shall be $5,000 instead
of $1,000.
``(D) Notwithstanding paragraph (1), the
maximum civil penalty for a violation of
section 41712 (including a regulation
prescribed or order issued under such section)
or any other regulation prescribed by the
Secretary by an individual or small business
concern that is intended to afford consumer
protection to commercial air transportation
passengers shall be $2,500 for each
violation.''.
(b) Increase in Limit on Administrative Authority and Civil
Penalty.--Section 46301(d) is amended--
(1) by striking ``more than $50,000;'' in paragraph
(4)(A) and inserting ``more than--
``(i) $50,000 if the violation was
committed by any person before the date
of enactment of the Vision 100--Century
of Aviation Reauthorization Act;
``(ii) $400,000 if the violation
was committed by a person other than an
individual or small business concern on
or after that date; or
``(iii) $50,000 if the violation
was committed by an individual or small
business concern on or after that
date;''; and
(2) by striking ``is $50,000.'' in paragraph (8)
and inserting ``is--
``(A) $50,000 if the violation was
committed by any person before the date of
enactment of the Vision 100--Century of
Aviation Reauthorization Act;
``(B) $400,000 if the violation was
committed by a person other than an individual
or small business concern on or after that
date; or
``(C) $50,000 if the violation was
committed by an individual or small business
concern on or after that date.''.
(c) Small Business Concern Defined.--Section 46301 is
amended by adding at the end the following:
``(i) Small Business Concern Defined.--In this section, the
term `small business concern' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).''.
(d) Conforming Amendments.--Title 49 is amended--
(1) in section 41705(b) by striking
``46301(a)(3)(E)'' and inserting ``46301''; and
(2) in section 46304(a) by striking ``, (2), or
(3)''.
SEC. 504. 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) 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.
(d) 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.
(e) 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. 505. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Assessment.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the
National Research Council for an assessment of the Federal
Aviation Administration's proposed wake turbulence research and
development program. The assessment shall include--
(1) an evaluation of the research and development
goals and objectives of the program;
(2) a listing of any additional research and
development objectives that should be included in the
program;
(3) any modifications that will be necessary for
the program to achieve the program's goals and
objectives on schedule and within the proposed level of
resources; and
(4) an evaluation of the roles, if any, that should
be played by other Federal agencies, such as the
National Aeronautics and Space Administration and the
National Oceanic and Atmospheric Administration, in
wake turbulence research and development, and how those
efforts could be coordinated.
(b) Report.--A report containing the results of the
assessment shall be provided to the Committee on Science of the
House of Representatives and to the Committee on Commerce,
Science, and Transportation of the Senate not later than 1 year
after the date of enactment of this Act.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator of the Federal Aviation
Administration $500,000 for fiscal year 2004 to carry out this
section.
SEC. 506. 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. 507. AIR TRANSPORTATION OVERSIGHT SYSTEM PLAN.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation
Administration shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
a plan containing an implementation schedule for addressing
problems with the air transportation oversight system that have
been identified in reports by the Comptroller General and the
Inspector General of the Department of Transportation.
(b) Plan Requirements.--The plan transmitted by the
Administrator under subsection (a) shall set forth the action
the Administration will take under the plan--
(1) to develop specific, clear, and meaningful
inspection guidance for the use by Administration
aviation safety inspectors and analysts;
(2) to provide adequate training to Administration
aviation safety inspectors in system safety concepts,
risk analysis, and auditing;
(3) to ensure that aviation safety inspectors with
the necessary qualifications and experience are
physically located where they can satisfy the most
important needs;
(4) to establish strong national leadership for the
air transportation oversight system and to ensure that
the system is implemented consistently across
Administration field offices; and
(5) to extend the air transportation oversight
system beyond the 10 largest air carriers, so it
governs oversight of smaller air carriers as well.
TITLE VI--AVIATION SECURITY
SEC. 601. 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 and the Director of
Central Intelligence, shall issue regulations to
establish procedures by which the Under Secretary, as
part of a hearing conducted under this section, may
provide an unclassified summary of classified evidence
upon which the order of the Administrator was based to
the individual adversely affected by the order.
``(2) Review of classified evidence by
administrative law judge.--
``(A) Review.--As part of a hearing
conducted under this section, if the order of
the Administrator issued under subsection (a)
is based on classified information (as defined
in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.), such
information may be submitted by the Under
Secretary to the reviewing administrative law
judge, pursuant to appropriate security
procedures, and shall be reviewed by the
administrative law judge ex parte and in
camera.
``(B) Security clearances.--Pursuant to
existing procedures and requirements, the Under
Secretary shall, in coordination, as necessary,
with the heads of other affected departments or
agencies, ensure that administrative law judges
reviewing orders of the Administrator under
this section possess security clearances
appropriate for their work under this section.
``(3) Unclassified summaries of classified
evidence.--As part of a hearing conducted under this
section and upon the request of the individual
adversely affected by an order of the Administrator
under subsection (a), the Under Secretary shall provide
to the individual and reviewing administrative law
judge, consistent with the procedures established under
paragraph (1), an unclassified summary of any
classified information upon which the order of the
Administrator is based.''.
(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.''.
(c) Review.--The first sentence of section 46110(a) is
amended by striking ``part'' and inserting ``subtitle''.
SEC. 602. 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 to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 60 days after the
date of establishing the ADIZ, 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) 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.
(d) 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. 603. 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,
including explosive device recognition.
``(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 Vision 100--Century
of Aviation Reauthorization Act, the Under Secretary
may establish minimum standards for the training
provided under this subsection and for recurrent
training.
``(5) Existing programs.--Notwithstanding
paragraphs (3) and (4), 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 Vision 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 Vision 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) 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. 604. STUDY OF EFFECTIVENESS OF TRANSPORTATION SECURITY SYSTEM.
(a) In General.--The Secretary of Homeland Security, in
consultation with representatives of the aviation community,
shall study the effectiveness of the aviation security system,
including the air marshal program, hardening of cockpit doors,
and security screening of passengers, checked baggage, and
cargo.
(b) Report.--The Secretary shall transmit a report of the
Secretary's findings and conclusions together with any
recommendations, including legislative recommendations, the
Secretary may have for improving the effectiveness of aviation
security to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 6 months after the
date of enactment of this Act. In the report the Secretary
shall also describe any redeployment of Transportation Security
Administration resources based on those findings and
conclusions. The Secretary may submit the report to the
Committees in classified and redacted form. The Secretary shall
submit the report in lieu of the annual report required under
section 44938(a) of title 49, United States Code, that is due
March 31, 2004.
SEC. 605. AIRPORT SECURITY IMPROVEMENT PROJECTS.
(a) In General.--Subchapter I of chapter 449 is amended by
adding at the end the following:
``Sec. 44923. Airport security improvement projects
``(a) Grant Authority.--Subject to the requirements of this
section, the Under Secretary for Border and Transportation
Security of the Department of Homeland Security may make grants
to airport sponsors--
``(1) for projects to replace baggage conveyer
systems related to aviation security;
``(2) for projects to reconfigure terminal baggage
areas as needed to install explosive detection systems;
``(3) for projects to enable the Under Secretary to
deploy explosive detection systems behind the ticket
counter, in the baggage sorting area, or inline with
the baggage handling system; and
``(4) for other airport security capital
improvement projects.
``(b) Applications.--A sponsor seeking a grant under this
section shall submit to the Under Secretary an application in
such form and containing such information as the Under
Secretary prescribes.
``(c) Approval.--The Under Secretary, after consultation
with the Secretary of Transportation, may approve an
application of a sponsor for a grant under this section only if
the Under Secretary determines that the project will improve
security at an airport or improve the efficiency of the airport
without lessening security.
``(d) Letters of Intent.--
``(1) Issuance.--The Under Secretary may issue a
letter of intent to a sponsor committing to obligate
from future budget authority an amount, not more than
the Federal Government's share of the project's cost,
for an airport security improvement project (including
interest costs and costs of formulating the project).
``(2) Schedule.--A letter of intent under this
subsection shall establish a schedule under which the
Under Secretary will reimburse the sponsor for the
Government's share of the project's costs, as amounts
become available, if the sponsor, after the Under
Secretary issues the letter, carries out the project
without receiving amounts under this section.
``(3) Notice to under secretary.--A sponsor that
has been issued a letter of intent under this
subsection shall notify the Under Secretary of the
sponsor's intent to carry out a project before the
project begins.
``(4) Notice to congress.--The Under Secretary
shall transmit to the Committees on Appropriations and
Transportation and Infrastructure of the House of
Representatives and the Committees on Appropriations
and Commerce, Science and Transportation of the Senate
a written notification at least 3 days before the
issuance of a letter of intent under this section.
``(5) Limitations.--A letter of intent issued under
this subsection is not an obligation of the Government
under section 1501 of title 31, and the letter is not
deemed to be an administrative commitment for
financing. An obligation or administrative commitment
may be made only as amounts are provided in
authorization and appropriations laws.
``(6) Statutory construction.--Nothing in this
subsection 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.
``(e) Federal Share.--
``(1) In general.--The Government's share of the
cost of a project under this section shall be 90
percent for a project at a medium or large hub airport
and 95 percent for a project at any other airport.
``(2) Existing letters of intent.--The Under
Secretary shall revise letters of intent issued before
the date of enactment of this section to reflect the
cost share established in this subsection with respect
to grants made after September 30, 2003.
``(f) Sponsor Defined.--In this section, the term `sponsor'
has the meaning given that term in section 47102.
``(g) Applicability of Certain Requirements.--The
requirements that apply to grants and letters of intent issued
under chapter 471 (other than section 47102(3)) shall apply to
grants and letters of intent issued under this section.
``(h) Aviation Security Capital Fund.--
``(1) In general.--There is established within the
Department of Homeland Security a fund to be known as
the Aviation Security Capital Fund. The first
$250,000,000 derived from fees received under section
44940(a)(1) in each of fiscal years 2004 through 2007
shall be available to be deposited in the Fund. The
Under Secretary shall impose the fee authorized by
section 44940(a)(1) so as to collect at least
$250,000,000 in each of such fiscal years for deposit
into the Fund. Amounts in the Fund shall be available
to the Under Secretary to make grants under this
section.
``(2) Allocations.--Of the amount made available
under paragraph (1) for a fiscal year, $125,000,000
shall be allocated in such a manner that--
``(A) 40 percent shall be made available
for large hub airports;
``(B) 20 percent shall be made available
for medium hub airports;
``(C) 15 percent shall be made available
for small hub airports and nonhub airports; and
``(D) 25 percent shall be distributed by
the Secretary to any airport on the basis of
aviation security risks.
``(3) Discretionary grants.--Of the amount made
available under paragraph (1) for a fiscal year,
$125,000,000 shall be used to make discretionary
grants, with priority given to fulfilling intentions to
obligate under letters of intent issued under
subsection (d).
``(i) Authorization of Appropriations.--
``(1) In general.--In addition to amounts made
available under subsection (h), there is authorized to
be appropriated to carry out this section $250,000,000
for each of fiscal years 2004 through 2007. Such sums
shall remain available until expended.
``(2) Allocations.--50 percent of amounts
appropriated pursuant to this subsection for a fiscal
year shall be used for making allocations under
subsection (h)(2) and 50 percent of such amounts shall
be used for making discretionary grants under
subsection (h)(3).''.
(b) Conforming Amendments.--
(1) Use of passenger fee funds.--Section
44940(a)(1) is amended by inserting after subparagraph
(G) the following:
``(H) The costs of security-related capital
improvements at airports.
``(I) The costs of training pilots and
flight attendants under sections 44918 and
44921.''.
(2) Limitation on collection.--Section 44940(d)(4)
is amended by striking ``Act.'' and inserting ``Act or
in section 44923.''.
SEC. 606. CHARTER SECURITY.
(a) In General.--Section 44903 is amended by adding at the
end the following:
``(l) Air Charter Program.--
``(1) In general.--The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall implement an aviation security
program for charter air carriers (as defined in section
40102(a)) with a maximum certificated takeoff weight of
more than 12,500 pounds.
``(2) Exemption for armed forces charters.--
``(A) In general.--Paragraph (1) and the
other requirements of this chapter do not apply
to passengers and property carried by aircraft
when employed to provide charter transportation
to members of the armed forces.
``(B) Security procedures.--The Secretary
of Defense, in consultation with the Secretary
of Homeland Security and the Secretary of
Transportation, shall establish security
procedures relating to the operation of
aircraft when employed to provide charter
transportation to members of the armed forces
to or from an airport described in section
44903(c).
``(C) Armed forces defined.--In this
paragraph, the term `armed forces' has the
meaning given that term by section 101(a)(4) of
title 10.''.
(b) Repeal.--Section 132 of the Aviation and
Transportation Security Act (49 U.S.C. 44944 note) is
repealed.
SEC. 607. CAPPS2.
(a) In General.--The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall not implement, on other than a test basis, the computer
assisted passenger prescreening system (commonly known as and
in this section referred to as ``CAPPS2'') until the Under
Secretary provides to Congress a certification that--
(1) a procedure is established enabling airline
passengers, who are delayed or prohibited from boarding
a flight because CAPPS2 determined that they might pose
a security threat, to appeal such determination and
correct information contained in CAPPS2;
(2) the error rate of the Government and private
data bases that will be used to both establish identity
and assign a risk level to a passenger under CAPPS2
will not produce a large number of false positives that
will result in a significant number of passengers being
mistaken as a security threat;
(3) the Under Secretary has demonstrated the
efficacy and accuracy of all search tools in CAPPS2 and
has demonstrated that CAPPS2 can make an accurate
predictive assessment of those passengers who would
constitute a security threat;
(4) the Secretary of Homeland Security has
established an internal oversight board to oversee and
monitor the manner in which CAPPS2 is being
implemented;
(5) the Under Secretary has built in sufficient
operational safeguards to reduce the opportunities for
abuse;
(6) substantial security measures are in place to
protect CAPPS2 from unauthorized access by hackers or
other intruders;
(7) the Under Secretary has adopted policies
establishing effective oversight of the use and
operation of the system; and
(8) there are no specific privacy concerns with the
technological architecture of the system.
(b) GAO Report.--Not later than 90 days after the date on
which certification is provided under subsection (a), the
Comptroller General shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science and
Transportation of the Senate that assesses the impact of CAPPS2
on the issues listed in subsection (a) and on privacy and civil
liberties. The report shall include any recommendations for
practices, procedures, regulations, or legislation to eliminate
or minimize adverse effect of CAPPS2 on privacy,
discrimination, and other civil liberties.
SEC. 608. REPORT ON PASSENGER PRESCREENING PROGRAM.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, after
consultation with the Attorney General, shall submit a report
in writing to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the potential impact of
the Transportation Security Administration's proposed Computer
Assisted Passenger Prescreening system, commonly known as
CAPPS2, on the privacy and civil liberties of United States
citizens.
(b) Specific Issues To Be Addressed.--The report shall
address the following:
(1) Whether and for what period of time data
gathered on individual travelers will be retained, who
will have access to such data, and who will make
decisions concerning access to such data.
(2) How the Transportation Security Administration
will treat the scores assigned to individual travelers
to measure the likelihood they may pose a security
threat, including how long such scores will be retained
and whether and under what circumstances they may be
shared with other governmental, nongovernmental, or
commercial entities.
(3) The role airlines and outside vendors or
contractors will have in implementing and operating the
system, and to what extent will they have access, or
the means to obtain access, to data, scores, or other
information generated by the system.
(4) The safeguards that will be implemented to
ensure that data, scores, or other information
generated by the system will be used only as officially
intended.
(5) The procedures that will be implemented to
mitigate the effect of any errors, and what procedural
recourse will be available to passengers who believe
the system has wrongly barred them from taking flights.
(6) The oversight procedures that will be
implemented to ensure that, on an ongoing basis,
privacy and civil liberties issues will continue to be
considered and addressed with high priority as the
system is installed, operated, and updated.
SEC. 609. ARMING CARGO PILOTS AGAINST TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that
members of a flight deck crew of a cargo aircraft should be
armed with a firearm or taser to defend the cargo aircraft
against an attack by terrorists that could result in the use of
the aircraft as a weapon of mass destruction or for other
terrorist purposes.
(b) Arming Cargo Pilots Against Terrorism.--Section 44921
is amended--
(1) in subsection (a) by striking ``passenger''
each place that it appears; and
(2) in subsection (k)(2) by striking ``or,'' and
all that follows before the period at the end and
inserting ``or any other flight deck crew member''; and
(3) by adding at the end of subsection (k) the
following:
``(3) All-cargo air transportation.--In this
section, the term `air transportation' includes all-
cargo air transportation.''.
(c) Time for Implementation.--In carrying out the
amendments made by subsection (d), the Under Secretary for
Border and Transportation Security of the Department of
Homeland Security shall ensure that passenger and cargo pilots
are treated equitably in receiving access to training as
Federal flight deck officers.
(d) Effect on Other Laws.--The requirements of subsection
(e) shall have no effect on the deadlines for implementation
contained in section 44921 of title 49, United States Code, as
in effect on the day before the date of enactment of this Act.
SEC. 610. REMOVAL OF CAP ON TSA STAFFING LEVEL.
The matter appearing under the heading ``Aviation
Security'' in the appropriations for the Transportation
Security Administration in the Transportation and Related
Agencies Appropriation Act, 2003 (Public Law 108-7; 117 Stat.
386) is amended by striking the fifth proviso.
SEC. 611. FOREIGN REPAIR STATIONS.
(a) Oversight Plan.--Within 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall transmit to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
a plan containing an implementation schedule to strengthen
oversight of domestic and foreign repair stations and ensure
that foreign repair stations that are certified by the
Administrator under part 145 of title 14, Code of Federal
Regulations, are subject to an equivalent level of safety,
oversight, and quality control as those located in the United
States.
(b) Repair Station Security.--
(1) In general.--Subchapter I of chapter 449 is
further amended by adding at the end the following:
``Sec. 44924. Repair station security
``(a) Security Review and Audit.--To ensure the security of
maintenance and repair work conducted on air carrier aircraft
and components at foreign repair stations, the Under Secretary
for Border and Transportation Security of the Department of
Homeland Security, in consultation with the Administrator of
the Federal Aviation Administration, shall complete a security
review and audit of foreign repair stations that are certified
by the Administrator under part 145 of title 14, Code of
Federal Regulations, and that work on air carrier aircraft and
components. The review shall be completed not later than 18
months after the date on which the Under Secretary issues
regulations under subsection (f).
``(b) Addressing Security Concerns.--The Under Secretary
shall require a foreign repair station to address the security
issues and vulnerabilities identified in a security audit
conducted under subsection (a) within 90 days of providing
notice to the repair station of the security issues and
vulnerabilities so identified and shall notify the
Administrator that a deficiency was identified in the security
audit.
``(c) Suspensions and Revocations of Certificates.--
``(1) Failure to carry out effective security
measures.--If, after the 90th day on which a notice is
provided to a foreign repair station under subsection
(b), the Under Secretary determines that the foreign
repair station does not maintain and carry out
effective security measures, the Under Secretary shall
notify the Administrator of the determination. Upon
receipt of the determination, the Administrator shall
suspend the certification of the repair station until
such time as the Under Secretary determines that the
repair station maintains and carries out effective
security measures and transmits the determination to
the Administrator.
``(2) Immediate security risk.--If the Under
Secretary determines that a foreign repair station
poses an immediate security risk, the Under Secretary
shall notify the Administrator of the determination.
Upon receipt of the determination, the Administrator
shall revoke the certification of the repair station.
``(3) Procedures for appeals.--The Under Secretary,
in consultation with the Administrator, shall establish
procedures for appealing a revocation of a certificate
under this subsection.
``(d) Failure To Meet Audit Deadline.--If the security
audits required by subsection (a) are not completed on or
before the date that is 18 months after the date on which the
Under Secretary issues regulations under subsection (f), the
Administrator shall be barred from certifying any foreign
repair station until such audits are completed for existing
stations.
``(e) Priority for Audits.--In conducting the audits
described in subsection (a), the Under Secretary and the
Administrator shall give priority to foreign repair stations
located in countries identified by the Government as posing the
most significant security risks.
``(f) Regulations.--Not later than 240 days after the date
of enactment of this section, the Under Secretary, in
consultation with the Administrator, shall issue final
regulations to ensure the security of foreign and domestic
aircraft repair stations.
``(g) Report to Congress.--If the Under Secretary does not
issue final regulations before the deadline specified in
subsection (f), the Under Secretary 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 containing an explanation
as to why the deadline was not met and a schedule for issuing
the final regulations.''.
(2) Conforming amendment.--The analysis for
subchapter I of chapter 449 is amended by adding at the
end the following:
``44924. Repair station security.''.
SEC. 612. FLIGHT TRAINING.
(a) In General.--Section 44939 is amended to read as
follows:
``Sec. 44939. Training to operate certain aircraft
``(a) Waiting Period.--A person operating as a flight
instructor, pilot school, or aviation training center or
subject to regulation under this part may provide training in
the operation of any aircraft having a maximum certificated
takeoff weight of more than 12,500 pounds to an alien (as
defined in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3))) or to any other individual specified
by the Secretary of Homeland Security only if--
``(1) that person has first notified the Secretary
that the alien or individual has requested such
training and submitted to the Secretary, in such form
as the Secretary may prescribe, the following
information about the alien or individual:
``(A) full name, including any aliases used
by the applicant or variations in spelling of
the applicant's name;
``(B) passport and visa information;
``(C) country of citizenship;
``(D) date of birth;
``(E) dates of training; and
``(F) fingerprints collected by, or under
the supervision of, a Federal, State, or local
law enforcement agency or by another entity
approved by the Federal Bureau of Investigation
or the Secretary of Homeland Security,
including fingerprints taken by United States
Government personnel at a United States embassy
or consulate; and
``(2) the Secretary has not directed, within 30
days after being notified under paragraph (1), that
person not to provide the requested training because
the Secretary has determined that the individual
presents a risk to aviation or national security.
``(b) Interruption of Training.--If the Secretary of
Homeland Security, more than 30 days after receiving
notification under subsection (a) from a person providing
training described in subsection (a), determines that the
individual presents a risk to aviation or national security,
the Secretary shall immediately notify the person providing the
training of the determination and that person shall immediately
terminate the training.
``(c) Notification.--A person operating as a flight
instructor, pilot school, or aviation training center or
subject to regulation under this part may provide training in
the operation of any aircraft having a maximum certificated
takeoff weight of 12,500 pounds or less to an alien (as defined
in section 101(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(3))) or to any other individual specified by the
Secretary of Homeland Security only if that person has notified
the Secretary that the individual has requested such training
and furnished the Secretary with that individual's
identification in such form as the Secretary may require.
``(d) Expedited Processing.--Not later than 60 days after
the date of enactment of this section, the Secretary shall
establish a process to ensure that the waiting period under
subsection (a) shall not exceed 5 days for an alien (as defined
in section 101(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(3))) who--
``(1) holds an airman's certification of a foreign
country that is recognized by an agency of the United
States, including a military agency, that permits an
individual to operate a multi-engine aircraft that has
a certificated takeoff weight of more than 12,500
pounds;
``(2) is employed by a foreign air carrier that is
certified under part 129 of title 14, Code of Federal
Regulations, and that has a security program approved
under section 1546 of title 49, Code of Federal
Regulations;
``(3) is an individual that has unescorted access
to a secured area of an airport designated under
section 44936(a)(1)(A)(ii); or
``(4) is an individual that is part of a class of
individuals that the Secretary has determined that
providing aviation training to presents minimal risk to
aviation or national security because of the aviation
training already possessed by such class of
individuals.
``(e) Training.--In subsection (a), the term `training'
means training received from an instructor in an aircraft or
aircraft simulator and does not include recurrent training,
ground training, or demonstration flights for marketing
purposes.
``(f) Nonapplicability to Certain Foreign Military
Pilots.--The procedures and processes required by subsections
(a) through (d) shall not apply to a foreign military pilot
endorsed by the Department of Defense for flight training in
the United States and seeking training described in subsection
(e) in the United States.
``(g) Fee.--
``(1) In general.--The Secretary of Homeland
Security may assess a fee for an investigation under
this section, which may not exceed $100 per individual
(exclusive of the cost of transmitting fingerprints
collected at overseas facilities) during fiscal years
2003 and 2004. For fiscal year 2005 and thereafter, the
Secretary may adjust the maximum amount of the fee to
reflect the costs of such an investigation.
``(2) Offset.--Notwithstanding section 3302 of
title 31, any fee collected under this section--
``(A) shall be credited to the account in
the Treasury from which the expenses were
incurred and shall be available to the
Secretary for those expenses; and
``(B) shall remain available until
expended.
``(h) Interagency Cooperation.--The Attorney General, the
Director of Central Intelligence, and the Administrator of the
Federal Aviation Administration shall cooperate with the
Secretary in implementing this section.
``(i) Security Awareness Training for Employees.--The
Secretary shall require flight schools to conduct a security
awareness program for flight school employees to increase their
awareness of suspicious circumstances and activities of
individuals enrolling in or attending flight school.''.
(b) Procedures.--
(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary of
Homeland Security shall promulgate an interim final
rule to implement section 44939 of title 49, United
States Code, as amended by subsection (a).
(2) Use of overseas facilities.--In order to
implement section 44939 of title 49, United States
Code, as amended by subsection (a), United States
Embassies and Consulates that possess appropriate
fingerprint collection equipment and personnel
certified to capture fingerprints shall provide
fingerprint services to aliens covered by that section
if the Secretary requires fingerprints in the
administration of that section, and shall transmit the
fingerprints to the Secretary or other agency
designated by the Secretary. The Attorney General and
the Secretary of State shall cooperate with the
Secretary of Homeland Security in carrying out this
paragraph.
(3) Use of united states facilities.--If the
Secretary of Homeland Security requires fingerprinting
in the administration of section 44939 of title 49,
United States Code, the Secretary may designate
locations within the United States that will provide
fingerprinting services to individuals covered by that
section.
(c) Effective Date.--The amendment made by subsection (a)
takes effect on the effective date of the interim final rule
required by subsection (b)(1).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the effectiveness
of the activities carried out under section 44939 of title 49,
United States Code, in reducing risks to aviation security and
national security.
SEC. 613. DEPLOYMENT OF SCREENERS AT KENAI, HOMER, AND VALDEZ, ALASKA.
Not later than 45 days after the date of enactment of this
Act, the Administrator of the Transportation Security
Administration shall deploy Federal screeners at Kenai, Homer,
and Valdez, Alaska.
TITLE VII--AVIATION RESEARCH
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is
amended--
(1) by striking ``to carry out sections 44504'' and
inserting ``for conducting civil aviation research and
development under sections 44504'';
(2) by striking ``and'' at the end of paragraph
(7);
(3) by striking the period at the end of paragraph
(8) and inserting a semicolon; and
(4) by adding at the end the following new
paragraphs:
``(9) for fiscal year 2004, $346,317,000,
including--
``(A) $65,000,000 for Improving Aviation
Safety;
``(B) $24,000,000 for Weather Safety
Research;
``(C) $27,500,000 for Human Factors and
Aeromedical Research;
``(D) $30,000,000 for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(E) $7,000,000 for Research Mission
Support;
``(F) $10,000,000 for the Airport
Cooperative Research Program;
``(G) $1,500,000 for carrying out
subsection (h) of this section;
``(H) $42,800,000 for Advanced Technology
Development and Prototyping;
``(I) $30,300,000 for Safe Flight 21;
``(J) $90,800,000 for the Center for
Advanced Aviation System Development;
``(K) $9,667,000 for Airports Technology-
Safety; and
``(L) $7,750,000 for Airports Technology-
Efficiency;
``(10) for fiscal year 2005, $356,192,000,
including--
``(A) $65,705,000 for Improving Aviation
Safety;
``(B) $24,260,000 for Weather Safety
Research;
``(C) $27,800,000 for Human Factors and
Aeromedical Research;
``(D) $30,109,000 for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(E) $7,076,000 for Research Mission
Support;
``(F) $10,000,000 for the Airport
Cooperative Research Program;
``(G) $1,650,000 for carrying out
subsection (h) of this section;
``(H) $43,300,000 for Advanced Technology
Development and Prototyping;
``(I) $31,100,000 for Safe Flight 21;
``(J) $95,400,000 for the Center for
Advanced Aviation System Development;
``(K) $2,200,000 for Free Flight Phase 2;
``(L) $9,764,000 for Airports Technology-
Safety; and
``(M) $7,828,000 for Airports Technology-
Efficiency;
``(11) for fiscal year 2006, $352,157,000,
including--
``(A) $66,447,000 for Improving Aviation
Safety;
``(B) $24,534,000 for Weather Safety
Research;
``(C) $28,114,000 for Human Factors and
Aeromedical Research;
``(D) $30,223,000 for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(E) $7,156,000 for Research Mission
Support;
``(F) $10,000,000 for the Airport
Cooperation Research Program;
``(G) $1,815,000 for carrying out
subsection (h) of this section;
``(H) $42,200,000 for Advanced Technology
Development and Prototyping;
``(I) $23,900,000 for Safe Flight 21;
``(J) $100,000,000 for the Center for
Advanced Aviation System Development;
``(K) $9,862,000 for Airports Technology-
Safety; and
``(L) $7,906,000 for Airports Technology-
Efficiency; and
``(12) for fiscal year 2007, $356,261,000,
including--
``(A) $67,244,000 for Improving Aviation
Safety;
``(B) $24,828,000 for Weather Safety
Research;
``(C) $28,451,000 for Human Factors and
Aeromedical Research;
``(D) $30,586,000 for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(E) $7,242,000 for Research Mission
Support;
``(F) $10,000,000 for the Airport
Cooperation Research Program;
``(G) $1,837,000 for carrying out
subsection (h) of this section;
``(H) $42,706,000 for Advanced Technology
Development and Prototyping;
``(I) $24,187,000 for Safe Flight 21;
``(J) $101,200,000 for the Center for
Advanced Aviation System Development;
``(K) $9,980,000 for Airports Technology-
Safety; and
``(L) $8,000,000 for Airports Technology-
Efficiency.''.
SEC. 702. FEDERAL AVIATION ADMINISTRATION SCIENCE AND TECHNOLOGY
SCHOLARSHIP PROGRAM.
(a)(1) The Administrator of the Federal Aviation
Administration shall establish a Federal Aviation
Administration Science and Technology Scholarship Program to
award scholarships to individuals that is designed to recruit
and prepare students for careers in the Federal Aviation
Administration.
(2) Individuals shall be selected to receive scholarships
under this section through a competitive process primarily on
the basis of academic merit, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act.
(3) To carry out the Program the Administrator shall enter
into contractual agreements with individuals selected under
paragraph (2) under which the individuals agree to serve as
full-time employees of the Federal Aviation Administration, for
the period described in subsection (f)(1), in positions needed
by the Federal Aviation Administration and for which the
individuals are qualified, in exchange for receiving a
scholarship.
(b) In order to be eligible to participate in the Program,
an individual must--
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher
education, as a junior or senior undergraduate or
graduate student, in an academic field or discipline
described in the list made available under subsection
(d);
(2) be a United States citizen or permanent
resident; and
(3) at the time of the initial scholarship award,
not be an employee (as defined in section 2105 of title
5, United States Code).
(c) An individual seeking a scholarship under this section
shall submit an application to the Administrator at such time,
in such manner, and containing such information, agreements, or
assurances as the Administrator may require.
(d) The Administrator shall make publicly available a list
of academic programs and fields of study for which scholarships
under the Program may be utilized and shall update the list as
necessary.
(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying for
the scholarship has submitted to the Administrator, as part of
the application required under subsection (c), a proposed
academic program leading to a degree in a program or field of
study on the list made available under subsection (d).
(2) An individual may not receive a scholarship under this
section for more than 4 academic years, unless the
Administrator grants a waiver.
(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations
issued by the Administrator, but shall in no case exceed the
cost of attendance.
(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as
established by the Administrator by regulation.
(5) The Administrator may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid directly
to the institution with respect to which the scholarship is
provided.
(f)(1) The period of service for which an individual shall
be obligated to serve as an employee of the Federal Aviation
Administration is, except as provided in subsection (h)(2), 24
months for each academic year for which a scholarship under
this section is provided.
(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60 days
after the individual obtains the educational degree for which
the scholarship was provided.
(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall prescribe the terms and
conditions under which a service obligation may be deferred
through regulation.
(g)(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Administrator by
regulation, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily
terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall
be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf
under the agreement, except as provided in subsection (h)(2).
The repayment period may be extended by the Administrator when
determined to be necessary, as established by regulation.
(2) Scholarship recipients who, for any reason, fail to
begin or complete their service obligation after completion of
academic training, or fail to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their agreements
for the reasons stated in the preceding sentence, the recipient
shall be liable to the United States for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; plus
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States,
multiplied by 3.
(h)(1) Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service or
payment shall be canceled upon the death of the individual.
(2) The Administrator shall by regulation provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the Program
(or a contractual agreement thereunder) whenever compliance by
the individual is impossible or would involve extreme hardship
to the individual, or if enforcement of such obligation with
respect to the individual would be contrary to the best
interests of the Government.
(i) For purposes of this section--
(1) the term ``cost of attendance'' has the meaning
given that term in section 472 of the Higher Education
Act of 1965;
(2) the term ``institution of higher education''
has the meaning given that term in section 101(a) of
the Higher Education Act of 1965; and
(3) the term ``Program'' means the Federal Aviation
Administration Science and Technology Scholarship
Program established under this section.
(j)(1) There is authorized to be appropriated to the
Federal Aviation Administration for the Program $10,000,000 for
each fiscal year.
(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
(k) The Administrator may provide temporary internships to
full-time students enrolled in an undergraduate or post-
graduate program leading to an advanced degree in an aerospace-
related or aviation safety-related field of endeavor.
SEC. 703. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SCIENCE AND
TECHNOLOGY SCHOLARSHIP PROGRAM.
(a)(1) The Administrator of the National Aeronautics and
Space Administration shall establish a National Aeronautics and
Space Administration Science and Technology Scholarship Program
to award scholarships to individuals that is designed to
recruit and prepare students for careers in the National
Aeronautics and Space Administration.
(2) Individuals shall be selected to receive scholarships
under this section through a competitive process primarily on
the basis of academic merit, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act.
(3) To carry out the Program the Administrator shall enter
into contractual agreements with individuals selected under
paragraph (2) under which the individuals agree to serve as
full-time employees of the National Aeronautics and Space
Administration, for the period described in subsection (f)(1),
in positions needed by the National Aeronautics and Space
Administration and for which the individuals are qualified, in
exchange for receiving a scholarship.
(b) In order to be eligible to participate in the Program,
an individual must--
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher
education, as a junior or senior undergraduate or
graduate student, in an academic field or discipline
described in the list made available under subsection
(d);
(2) be a United States citizen or permanent
resident; and
(3) at the time of the initial scholarship award,
not be an employee (as defined in section 2105 of title
5, United States Code).
(c) An individual seeking a scholarship under this section
shall submit an application to the Administrator at such time,
in such manner, and containing such information, agreements, or
assurances as the Administrator may require.
(d) The Administrator shall make publicly available a list
of academic programs and fields of study for which scholarships
under the Program may be utilized and shall update the list as
necessary.
(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying for
the scholarship has submitted to the Administrator, as part of
the application required under subsection (c), a proposed
academic program leading to a degree in a program or field of
study on the list made available under subsection (d).
(2) An individual may not receive a scholarship under this
section for more than 4 academic years, unless the
Administrator grants a waiver.
(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations
issued by the Administrator, but shall in no case exceed the
cost of attendance.
(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as
established by the Administrator by regulation.
(5) The Administrator may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid directly
to the institution with respect to which the scholarship is
provided.
(f)(1) The period of service for which an individual shall
be obligated to serve as an employee of the National
Aeronautics and Space Administration is, except as provided in
subsection (h)(2), 24 months for each academic year for which a
scholarship under this section is provided.
(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60 days
after the individual obtains the educational degree for which
the scholarship was provided.
(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall prescribe the terms and
conditions under which a service obligation may be deferred
through regulation.
(g)(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Administrator by
regulation, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily
terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall
be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf
under the agreement, except as provided in subsection (h)(2).
The repayment period may be extended by the Administrator when
determined to be necessary, as established by regulation.
(2) Scholarship recipients who, for any reason, fail to
begin or complete their service obligation after completion of
academic training, or fail to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their agreements
for the reasons stated in the preceding sentence, the recipient
shall be liable to the United States for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; plus
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States,
multiplied by 3.
(h)(1) Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service or
payment shall be canceled upon the death of the individual.
(2) The Administrator shall by regulation provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the Program
(or a contractual agreement thereunder) whenever compliance by
the individual is impossible or would involve extreme hardship
to the individual, or if enforcement of such obligation with
respect to the individual would be contrary to the best
interests of the Government.
(i) For purposes of this section--
(1) the term ``cost of attendance'' has the meaning
given that term in section 472 of the Higher Education
Act of 1965;
(2) the term ``institution of higher education''
has the meaning given that term in section 101(a) of
the Higher Education Act of 1965; and
(3) the term ``Program'' means the National
Aeronautics and Space Administration Science and
Technology Scholarship Program established under this
section.
(j)(1) There is authorized to be appropriated to the
National Aeronautics and Space Administration for the Program
$10,000,000 for each fiscal year.
(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
(k) The Administrator may provide temporary internships to
full-time students enrolled in an undergraduate or post-
graduate program leading to an advanced degree in an aerospace-
related or aviation safety-related field of endeavor.
SEC. 704. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.
(a) Continuation of Program.--The Administrator of the
Federal Aviation Administration shall continue the program to
consider awards to nonprofit concrete and asphalt pavement
research foundations to improve the design, construction,
rehabilitation, and repair of airfield pavements to aid in the
development of safer, more cost effective, and more durable
airfield pavements.
(b) Use of Grants or Cooperative Agreements.--The
Administrator may use grants or cooperative agreements in
carrying out this section.
(c) Statutory Construction.--Nothing in this section
requires the Administrator to prioritize an airfield pavement
research program above safety, security, Flight 21,
environment, or energy research programs.
SEC. 705. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall review and determine whether the Federal
Aviation Administration's standards used to determine the
appropriate thickness for asphalt and concrete airfield
pavements are in accordance with the Federal Aviation
Administration's standard 20-year-life requirement using the
most up-to-date available information on the life of airfield
pavements. If the Administrator determines that such standards
are not in accordance with that requirement, the Administrator
shall make appropriate adjustments to the Federal Aviation
Administration's standards for airfield pavements.
(b) Report.--Within 1 year after the date of enactment of
this Act, the Administrator shall report the results of the
review conducted under subsection (a) and the adjustments, if
any, made on the basis of that review to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
and Committee on Science.
SEC. 706. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS.
The Federal Aviation Administration shall conduct research
to promote the development of analytical tools to improve
existing certification methods and to reduce the overall costs
for the certification of new products.
SEC. 707. RESEARCH ON AVIATION TRAINING.
Section 48102(h)(1) of title 49, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph
(B);
(2) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(D) research on the impact of new
technologies and procedures, particularly those
related to aircraft flight deck and air traffic
management functions, on training requirements
for pilots and air traffic controllers.''.
SEC. 708. FAA CENTER FOR EXCELLENCE FOR APPLIED RESEARCH AND TRAINING
IN THE USE OF ADVANCED MATERIALS IN TRANSPORT
AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall develop a Center for Excellence focused on
applied research and training on the durability and
maintainability of advanced materials in transport airframe
structures. The Center shall--
(1) promote and facilitate collaboration among
academia, the Federal Aviation Administration's
Transportation Division, and the commercial aircraft
industry, including manufacturers, commercial air
carriers, and suppliers; and
(2) establish goals set to advance technology,
improve engineering practices, and facilitate
continuing education in relevant areas of study.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator $500,000 for fiscal
year 2004 to carry out this section.
SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT
OFFICE.
(a) Establishment.--(1) The Secretary of Transportation
shall establish in the Federal Aviation Administration a joint
planning and development office to manage work related to the
Next Generation Air Transportation System. The office shall be
known as the Next Generation Air Transportation System Joint
Planning and Development Office (in this section referred to as
the ``Office'').
(2) The responsibilities of the Office shall include--
(A) creating and carrying out an integrated plan
for a Next Generation Air Transportation System
pursuant to subsection (b);
(B) overseeing research and development on that
system;
(C) creating a transition plan for the
implementation of that system;
(D) coordinating aviation and aeronautics research
programs to achieve the goal of more effective and
directed programs that will result in applicable
research;
(E) coordinating goals and priorities and
coordinating research activities within the Federal
Government with United States aviation and aeronautical
firms;
(F) coordinating the development and utilization of
new technologies to ensure that when available, they
may be used to their fullest potential in aircraft and
in the air traffic control system;
(G) facilitating the transfer of technology from
research programs such as the National Aeronautics and
Space Administration program and the Department of
Defense Advanced Research Projects Agency program to
Federal agencies with operational responsibilities and
to the private sector; and
(H) reviewing activities relating to noise,
emissions, fuel consumption, and safety conducted by
Federal agencies, including the Federal Aviation
Administration, the National Aeronautics and Space
Administration, the Department of Commerce, and the
Department of Defense.
(3) The Office shall operate in conjunction with relevant
programs in the Department of Defense, the National Aeronautics
and Space Administration, the Department of Commerce and the
Department of Homeland Security. The Secretary of
Transportation may request assistance from staff from those
Departments and other Federal agencies.
(4) In developing and carrying out its plans, the Office
shall consult with the public and ensure the participation of
experts from the private sector including representatives of
commercial aviation, general aviation, aviation labor groups,
aviation research and development entities, aircraft and air
traffic control suppliers, and the space industry.
(b) Integrated Plan.--The integrated plan shall be designed
to ensure that the Next Generation Air Transportation System
meets air transportation safety, security, mobility,
efficiency, and capacity needs beyond those currently included
in the Federal Aviation Administration's operational evolution
plan and accomplishes the goals under subsection (c). The
integrated plan shall include--
(1) a national vision statement for an air
transportation system capable of meeting potential air
traffic demand by 2025;
(2) a description of the demand and the performance
characteristics that will be required of the Nation's
future air transportation system, and an explanation of
how those characteristics were derived, including the
national goals, objectives, and policies the system is
designed to further, and the underlying socioeconomic
determinants, and associated models and analyses;
(3) a multiagency research and development roadmap
for creating the Next Generation Air Transportation
System with the characteristics outlined under clause
(ii), including--
(A) the most significant technical
obstacles and the research and development
activities necessary to overcome them,
including for each project, the role of each
Federal agency, corporations, and universities;
(B) the annual anticipated cost of carrying
out the research and development activities;
and
(C) the technical milestones that will be
used to evaluate the activities; and
(4) a description of the operational concepts to
meet the system performance requirements for all system
users and a timeline and anticipated expenditures
needed to develop and deploy the system to meet the
vision for 2025.
(c) Goals.--The Next Generation Air Transportation System
shall--
(1) improve the level of safety, security,
efficiency, quality, and affordability of the National
Airspace System and aviation services;
(2) take advantage of data from emerging ground-
based and space-based communications, navigation, and
surveillance technologies;
(3) integrate data streams from multiple agencies
and sources to enable situational awareness and
seamless global operations for all appropriate users of
the system, including users responsible for civil
aviation, homeland security, and national security;
(4) leverage investments in civil aviation,
homeland security, and national security and build upon
current air traffic management and infrastructure
initiatives to meet system performance requirements for
all system users;
(5) be scalable to accommodate and encourage
substantial growth in domestic and international
transportation and anticipate and accommodate
continuing technology upgrades and advances;
(6) accommodate a wide range of aircraft
operations, including airlines, air taxis, helicopters,
general aviation, and unmanned aerial vehicles; and
(7) take into consideration, to the greatest extent
practicable, design of airport approach and departure
flight paths to reduce exposure of noise and emissions
pollution on affected residents.
(d) Reports.--The Administrator of the Federal Aviation
Administration shall transmit to the Committee on Commerce,
Science, and Transportation in the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
in the House of Representatives--
(1) not later than 1 year after the date of
enactment of this Act, the integrated plan required in
subsection (b); and
(2) annually at the time of the President's budget
request, a report describing the progress in carrying
out the plan required under subsection (b) and any
changes to that plan.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Office $50,000,000 for each of the
fiscal years 2004 through 2010.
SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) In General.--The Secretary of Transportation shall
establish a senior policy committee to work with the Next
Generation Air Transportation System Joint Planning and
Development Office. The senior policy committee shall be
chaired by the Secretary.
(b) Membership.--In addition to the Secretary, the senior
policy committee shall be composed of--
(1) the Administrator of the Federal Aviation
Administration (or the Administrator's designee);
(2) the Administrator of the National Aeronautics
and Space Administration (or the Administrator's
designee);
(3) the Secretary of Defense (or the Secretary's
designee);
(4) the Secretary of Homeland Security (or the
Secretary's designee);
(5) the Secretary of Commerce (or the Secretary's
designee);
(6) the Director of the Office of Science and
Technology Policy (or the Director's designee); and
(7) designees from other Federal agencies
determined by the Secretary of Transportation to have
an important interest in, or responsibility for, other
aspects of the system.
(c) Function.--The senior policy committee shall--
(1) advise the Secretary of Transportation
regarding the national goals and strategic objectives
for the transformation of the Nation's air
transportation system to meet its future needs;
(2) provide policy guidance for the integrated plan
for the air transportation system to be developed by
the Next Generation Air Transportation System Joint
Planning and Development Office;
(3) provide ongoing policy review for the
transformation of the air transportation system;
(4) identify resource needs and make
recommendations to their respective agencies for
necessary funding for planning, research, and
development activities; and
(5) make legislative recommendations, as
appropriate, for the future air transportation system.
(d) Consultation.--In carrying out its functions under this
section, the senior policy committee shall consult with, and
ensure participation by, the private sector (including
representatives of general aviation, commercial aviation,
aviation labor, and the space industry), members of the public,
and other interested parties and may do so through a special
advisory committee composed of such representatives.
SEC. 711. ROTORCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.
(a) Objective.--The Administrator of the Federal Aviation
Administration shall establish a rotorcraft initiative with the
objective of developing, and demonstrating in a relevant
environment, within 10 years after the date of the enactment of
this Act, technologies to enable rotorcraft with the following
improvements relative to rotorcraft existing as of the date of
the enactment of this Act:
(1) 80 percent reduction in noise levels on takeoff
and on approach and landing as perceived by a human
observer.
(2) Factor of 10 reduction in vibration.
(3) 30 percent reduction in empty weight.
(4) Predicted accident rate equivalent to that of
fixed-wing aircraft in commercial service within 10
years after the date of the enactment of this Act.
(5) Capability for zero-ceiling, zero-visibility
operations.
(b) Implementation.--Within 180 days after the date of the
enactment of this Act, the Administrator of the Federal
Aviation Administration, in cooperation with the Administrator
of the National Aeronautics and Space Administration, shall
provide a plan to the Committee on Science of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate for the implementation of the
initiative described in subsection (a).
SEC. 712. AIRPORT COOPERATIVE RESEARCH PROGRAM.
Section 44511 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(f) Airport Cooperative Research Program.--
``(1) Establishment.--The Secretary of
Transportation shall establish a 4-year pilot airport
cooperative research program to--
``(A) identify problems that are shared by
airport operating agencies and can be solved
through applied research but that are not being
adequately addressed by existing Federal
research programs; and
``(B) fund research to address those
problems.
``(2) Governance.--The Secretary of Transportation
shall appoint an independent governing board for the
research program established under this subsection. The
governing board shall be appointed from candidates
nominated by national associations representing public
airport operating agencies, airport executives, State
aviation officials, and the scheduled airlines, and
shall include representatives of appropriate Federal
agencies. Section 14 of the Federal Advisory Committee
Act shall not apply to the governing board.
``(3) Implementation.--The Secretary of
Transportation shall enter into an arrangement with the
National Academy of Sciences to provide staff support
to the governing board established under paragraph (2)
and to carry out projects proposed by the governing
board that the Secretary considers appropriate.
``(4) Report.--Not later than 6 months after the
expiration of the program under this subsection, the
Secretary shall transmit to the Congress a report on
the program, including recommendations as to the need
for establishing a permanent airport cooperative
research program.''.
TITLE VIII--MISCELLANEOUS
SEC. 801. 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. 802. REPORT ON AVIATION SAFETY REPORTING SYSTEM.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
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. 803. ANCHORAGE AIR TRAFFIC CONTROL.
(a) In General.--Not later than September 30, 2004, the
Administrator of the Federal Aviation Administration shall
complete a study and transmit a report to the appropriate
committees regarding the feasibility of consolidating the
Anchorage Terminal Radar Approach Control and the Anchorage Air
Route Traffic Control Center at the existing Anchorage Air
Route Traffic Control Center facility.
(b) Appropriate Committees.--In this section, the term
``appropriate committees'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 804. EXTENSION OF METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.
Section 49108 is amended by striking ``2004'' and inserting
``2008''.
SEC. 805. 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 and inserting the following: ``except
that, if the Secretary requires air carriers to provide flight-
specific information, the Secretary--
``(A) shall not disseminate fare
information for a specific flight to the
general public for a period of at least 9
months following the date of the flight; and
``(B) shall give due consideration to and
address confidentiality concerns of carriers,
including competitive implications, in any
rulemaking prior to adoption of a rule
requiring the dissemination to the general
public of any flight-specific fare;''.
(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. 806. 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''.
SEC. 807. AIR CARRIER CITIZENSHIP.
Section 40102(a)(15)(C) is amended by inserting ``which is
under the actual control of citizens of the United States,''
before ``and in which''.
SEC. 808. UNITED STATES PRESENCE IN GLOBAL AIR CARGO INDUSTRY.
Section 41703 is amended by adding at the end the
following:
``(e) Cargo in Alaska.--
``(1) In general.--For the purposes of subsection
(c), eligible cargo taken on or off any aircraft at a
place in Alaska in the course of transportation of that
cargo by any combination of 2 or more air carriers or
foreign air carriers in either direction between a
place in the United States and a place outside the
United States shall not be deemed to have broken its
international journey in, be taken on in, or be
destined for Alaska.
``(2) Eligible cargo.--For purposes of paragraph
(1), the term `eligible cargo' means cargo transported
between Alaska and any other place in the United States
on a foreign air carrier (having been transported from,
or thereafter being transported to, a place outside the
United States on a different air carrier or foreign air
carrier) that is carried--
``(A) under the code of a United States air
carrier providing air transportation to Alaska;
``(B) on an air carrier way bill of an air
carrier providing air transportation to Alaska;
``(C) under a term arrangement or block
space agreement with an air carrier; or
``(D) under the code of a United States air
carrier for purposes of transportation within
the United States.''.
SEC. 809. 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. 810. NOTICE CONCERNING AIRCRAFT ASSEMBLY.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41723. Notice concerning aircraft assembly
``The Secretary of Transportation shall require, beginning
after the last day of the 18-month 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 inserting after the item relating to section 41722
the following:
``41723. Notice concerning aircraft assembly.''.
SEC. 811. TYPE CERTIFICATES.
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. Such other
person may manufacture a new aircraft, aircraft engine,
propeller, or appliance based on a type certificate only if
such other person is the holder of the type certificate or has
permission from the holder.''.
SEC. 812. RECIPROCAL AIRWORTHINESS CERTIFICATION.
(a) In General.--As part of their bilateral negotiations
with foreign nations and their civil aviation counterparts, the
Secretary of State and the Administrator of the Federal
Aviation Administration shall facilitate the reciprocal
airworthiness certification of aviation products.
(b) Reciprocal Airworthiness Defined.--In this section, the
term ``reciprocal airworthiness certification of aviation
products'' means that the regulatory authorities of each nation
perform a similar review in certifying or validating the
certification of aircraft and aircraft components of other
nations.
SEC. 813. INTERNATIONAL ROLE OF THE FAA.
Section 40104(b) is amended to read as follows:
``(b) International Role of the FAA.--The Administrator
shall promote and achieve global improvements in the safety,
efficiency, and environmental effect of air travel by
exercising leadership with the Administrator's foreign
counterparts, in the International Civil Aviation Organization
and its subsidiary organizations, and other international
organizations and fora, and with the private sector.''.
SEC. 814. 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) is similar in size and appearance to
certificates issued to airmen;
``(4) contain the airplane group for which the
certificate is issued; and
``(5) be issued not later than 120 days after the
Administrator receives notification from the air
carrier of demonstrated proficiency and, in the case of
an individual serving as flight attendant on the
effective date of this section, not later than 1 year
after such effective date.
``(e) Approval of Training Programs.--Air carrier flight
attendant training programs shall be subject to approval by the
Administrator. All flight attendant training programs approved
by the Administrator in the 1-year period ending on the date of
enactment of this section shall be treated as providing a
demonstrated proficiency for purposes of meeting the
certification requirements of this section.
``(f) 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. 815. 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;
(3) analyze samples of residue from aircraft
ventilation ducts and filters after air quality
incidents to identify the contaminants to which
passengers and crew were exposed;
(4) analyze and study cabin air pressure and
altitude; and
(5) establish an air quality incident reporting
system.
(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. 816. 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. 817. 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:
(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 affected by
implementation of section 44939 of title 49, United
States Code.
(4) General aviation entities that were affected by
Federal Aviation Administration Notices to Airmen FDC
2/1099 and 3/1862 or section 352 of the Department of
Transportation and Related Agencies Appropriations Act,
2003 (Public Law 108-7, division I), or both.
(5) Sightseeing operations that were not authorized
to resume in enhanced class B air space under Federal
Aviation Administration notice to airmen 1/1225.
(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. 818. INTERNATIONAL AIR SHOW.
If the Secretary of Defense conducts activities necessary
to enable the United States to host a major international air
show in the United States, the Secretary of Defense shall
coordinate such activities with the Secretary of Transportation
and the Secretary of Commerce.
SEC. 819. REPORT ON CERTAIN MARKET DEVELOPMENTS AND GOVERNMENT
POLICIES.
Within 6 months after the date of enactment of this Act,
the Department of Commerce, in consultation with the Department
of Transportation and other appropriate Federal agencies, shall
submit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Science, and the House of Representatives Committee on
Transportation and Infrastructure a report about market
developments and government policies influencing the
competitiveness of the United States jet transport aircraft
industry that--
(1) describes the structural characteristics of the
United States and the European Union jet transport
industries, and the markets for these industries;
(2) examines the global market factors affecting
the jet transport industries in the United States and
the European Union, such as passenger and freight
airline purchasing patterns, the rise of low-cost
carriers and point-to-point service, the evolution of
new market niches, and direct and indirect operating
cost trends;
(3) reviews government regulations in the United
States and the European Union that have altered the
competitive landscape for jet transport aircraft, such
as airline deregulation, certification and safety
regulations, noise and emissions regulations,
government research and development programs, advances
in air traffic control and other infrastructure issues,
corporate and air travel tax issues, and industry
consolidation strategies;
(4) analyzes how changes in the global market and
government regulations have affected the competitive
position of the United States aerospace and aviation
industry vis-a-vis the European Union aerospace and
aviation industry; and
(5) describes any other significant developments
that affect the market for jet transport aircraft.
SEC. 820. 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. 821. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND
RELATED ACTIVITIES.
The Secretary of Homeland Security, 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--
(1) the screening of catering supplies; and
(2) checking documents at security checkpoints.
SEC. 822. 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 each 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. 823. GENERAL AVIATION FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
(a) Security Plan.--The Secretary of Homeland Security
shall develop and implement a security plan to permit general
aviation aircraft to land and take off at Ronald Reagan
Washington National Airport.
(b) Landings and Take Offs.--The Administrator of the
Federal Aviation Administration shall allow general aviation
aircraft that comply with the requirements of the security plan
to land and take off at the Airport except during any period
that the President suspends the plan developed under subsection
(a) due to national security concerns.
(c) Report.--If the President suspends the security plan
developed under subsection (a), the President shall submit to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure a report on the reasons for the suspension
not later than 30 days following the first day of the
suspension. The report may be submitted in classified form.
SEC. 824. REVIEW OF AIR CARRIER COMPENSATION.
Not later than 6 months after the date of enactment of this
Act, the Comptroller General shall submit to Congress a report
on the criteria and procedures used by the Secretary of
Transportation under the Air Transportation Safety and System
Stabilization Act (Public Law 107-42) to compensate air
carriers after the terrorist attack of September 11, 2001, with
a particular focus on whether it is appropriate--
(1) to compensate air carriers for the decrease in
value of their aircraft after September 11, 2001; and
(2) to ensure that comparable air carriers receive
comparable percentages of the maximum compensation
payable under section 103(b)(2) of such Act (49 U.S.C.
40101 note).
SEC. 825. NOISE CONTROL PLAN FOR CERTAIN AIRPORTS.
(a) In General.--Notwithstanding chapter 475 of title 49,
United States Code, or any other provision of law or
regulation, a sponsor of a commercial service airport that does
not own the airport land and is a party to a long-term lease
agreement with a Federal agency (other than the Department of
Defense or the Department of Transportation) may impose
restrictions on, or prohibit, the operation of Stage 2 aircraft
weighing less than 75,000 pounds, in order to help meet the
noise control plan contained within the lease agreement. A use
restriction imposed pursuant to this section must contain
reasonable exemptions for public health and safety.
(b) Public Notice and Comment.--Prior to imposing
restrictions on, or prohibiting, the operation of Stage 2
aircraft weighing less than 75,000 pounds, the airport sponsor
must provide reasonable notice and the opportunity to comment
on the proposed airport use restriction limited to no more than
90 days.
(c) Definitions.--In this section, the terms ``Stage 2
aircraft'' and ``Stage 3 aircraft'' have the same meaning as
those terms have in chapter 475 of title 49, United States
Code.
SEC. 826. GAO REPORT ON AIRLINES ACTIONS TO IMPROVE FINANCES AND ON
EXECUTIVE COMPENSATION.
(a) Finding.--Congress finds that the United States
Government has by law provided substantial financial assistance
to United States commercial airlines in the form of war risk
insurance and reinsurance and other economic benefits and has
imposed substantial economic and regulatory burdens on those
airlines. In order to determine the economic viability of the
domestic commercial airline industry and to evaluate the need
for additional measures or the modification of existing laws,
Congress needs more frequent information and independently
verified information about the financial condition of these
airlines.
(b) GAO Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall prepare a
report for Congress analyzing the financial condition of the
United States airline industry in its efforts to reduce the
costs, improve the earnings and profits and balances of each
individual air carrier. The report shall recommend steps that
the industry should take to become financially self sufficient.
(c) GAO Authority.--In order to compile the report required
by subsection (b), the Comptroller General, or any of the
Comptroller General's duly authorized representatives, shall
have access for the purpose of audit and examination to any
books, accounts, documents, papers, and records of such air
carriers that relate to the information required to compile the
report. The Comptroller General shall submit with the report a
certification as to whether the Comptroller General has had
access to sufficient information to make informed judgments on
the matters covered by the report.
(d) Reports to Congress.--The Comptroller General shall
transmit the report required by subsection (b) to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
SEC. 827. PRIVATE AIR CARRIAGE IN ALASKA.
(a) In General.--Due to the demands of conducting business
within and from the State of Alaska, the Secretary of
Transportation shall permit, under the operating rules of part
91 of title 14 of the Code of Federal Regulations where common
carriage is not involved, a company, located in the State of
Alaska, to organize a subsidiary where the only enterprise of
the subsidiary is to provide air carriage of officials,
employees, guests, and property of the company, or its
affiliate, when the carriage--
(1) originates or terminates in the State of
Alaska;
(2) is by an aircraft with no more than 20 seats;
(3) is within the scope of, and incidental to, the
business of the company or its affiliate; and
(4) no charge, assessment, or fee is made for the
carriage in excess of the cost of owning, operating,
and maintaining the airplane.
(b) Limitation on Statutory Construction.--Nothing in this
subsection shall be construed as prohibiting a company from
making intermediate stops in providing air carriage under this
section.
SEC. 828. 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 during the 2-year period ending on 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.
SEC. 829. NAVIGATION FEES.
(a) In General.--Section 4(b) of the Rivers and Harbors
Appropriation Act of July 5, 1884 (33 U.S.C. 5(b); 116 Stat.
2133), is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(3) by adding at the end the following:
``(3) property taxes on vessels or watercraft,
other than vessels or watercraft that are primarily
engaged in foreign commerce if those taxes are
permissible under the United States Constitution.''.
(b) Effective Date.--The amendment made by subsection (a)
is effective on and after November 25, 2002.
TITLE IX--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 901. EXTENSION OF EXPENDITURE AUTHORITY.
(a) In General.--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 before the semicolon at the end of
subparagraph (A) the following: ``or the Vision 100--
Century of Aviation Reauthorization Act''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(f)
of the Internal Revenue Code of 1986 is amended by striking
``October 1, 2003'' and inserting ``October 1, 2007''.
SEC. 902. TECHNICAL CORRECTION TO FLIGHT SEGMENT.
(a) Special Rule.--Section 4261(e)(4) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(D) Special rule for amounts paid for
domestic segments beginning after 2002.--If an
amount is paid during a calendar year for a
domestic segment beginning in a later calendar
year, then the rate of tax under subsection (b)
on such amount shall be the rate in effect for
the calendar year in which such amount is
paid.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the provisions of the
Taxpayer Relief Act of 1997 to which they relate.
And the Senate agree to the same.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Don Young,
John L. Mica,
Vernon J. Ehlers,
Robin Hayes,
Denny Rehberg,
Johnny Isakson,
From the Committee on Energy and Commerce, for
consideration of sec. 521 of the House bill and
sec. 508 of the Senate amendment, and
modifications committed to conference:
Billy Tauzin,
Joe Barton,
From the Committee on Government Reform, for
consideration of secs. 404 and 438 of the House
bill and sec. 108 of the Senate amendment, and
modifications committed to conference:
Tom Davis,
Christopher Shays,
From the Committee on the Judiciary, for
consideration of secs. 106, 301, 405, 505, and
507 of the Senate amendment, and modifications
committed to conference:
F. James Sensenbrenner,
Howard Coble,
From the Committee on Resources, for
consideration of secs. 204 and 409 of the House
bill and sec. 201 of the Senate amendment, and
modifications committed to conference:
Richard Pombo,
Jim Gibbons,
Provided that Mr. Renzi is appointed in lieu of
Mr. Pombo for consideration of sec. 409 of the
House bill, and modifications committed to
conference:
Rick Renzi,
From the Committee on Science, for
consideration of sec. 102 of the House bill and
secs. 102, 104, 621, 622, 641, 642, 661, 662,
663, 667, and 669 of the Senate amendment, and
modifications committed to conference:
Sherwood Boehlert,
Dana Rohrabacher,
From the Committee on Ways and Means, for
consideration of title VI of the House bill and
title VII of the Senate amendment, and
modifications committed to conference:
William Thomas,
Dave Camp,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Conrad Burns,
Trent Lott,
Kay Bailey Hutchison,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2115), to amend
title 49, United States Code, to reauthorize programs for the
Federal Aviation Administration, and for other purposes, submit
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
1. SHORT TITLE
House bill
``Flight 100-Century of Aviation Reauthorization Act''.
Senate Amendment
``Aviation Investment and Revitalization Vision Act''.
Conference substitute
``Vision 100--Century of Aviation Reauthorization Act''.
2. LENGTH OF AUTHORIZATION
House bill
4 years.
Senate amendment
3 years.
Conference substitute
House bill.
3. FINDINGS
House bill
No provision.
Senate amendment
Contains findings about the importance of aviation and
the need to invest more into it.
Conference substitute
Contains some of the findings in the Senate amendment.
4. FAA OPERATIONS
House bill
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.
Senate amendment
Authorizes same amount for first 3 years. No
authorization for 2007.
Conference substitute
House bill.
5. FAA TRAINING FACILITY
House bill
Authorizes some of this money to be used to fully utilize
the FAA's Palm Coast management training facility.
Senate amendment
No provision.
Conference substitute
House bill funded out of the Operations account.
Conferees agreed to authorize funding for the FAA Center for
Management Development to operate training courses and to
support associated student travel for both residential and
field courses.
6. AEROSPACE AND AVIATION LIAISON
House bill
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.
Senate amendment
Establishes an office in DOT to coordinate research,
development of new technologies, transfer of technology from
research done by NASA and DOD to the private sector, review
activities related to noise and emissions. One time and annual
report required. $2 million is authorized over 2 years.
Conference substitute
Assigns the newly established Air Transportation System
Joint Planning and Development Office (item #8) responsibility
to facilitate the transfer of technology from research programs
such as those managed by the National Aeronautics and Space
Administration and the Department of Defense Advanced Research
Projects Agency to Federal agencies with operational
responsibilities, and to the private sector.
7. COMPETITIVENESS OF U.S. JET TRANSPORTATION INDUSTRY
House bill
No provision.
Senate amendment
Within 6 months the office established above shall report
on the market developments and government policies influencing
U.S. competitiveness.
Conference substitute
Senate Amendment with modifications.
8. NEXT GENERATION AIR TRAFFIC CONTROL OFFICE
House bill
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.
Senate amendment
Similar provision but sets forth in greater detail the
duties of the office. Authorizes $300 million over 7 years.
Head of office reports directly to the Administrator.
Conference substitute
Establishes a Next Generation Air Transportation System
Joint Planning and Development Office. Requires the office to
produce an integrated research and development plan to meet air
transportation needs in the year 2025. Requires the plan to be
transmitted to Congress within one year after the date of
enactment, and an annual update describing the progress in
carrying out the plan. Authorizes $50 million a year through FY
2010.
9. TASK FORCE ON FUTURE OF AIR TRANSPORTATION SYSTEM
House bill
Implements the recommendation of the National Commission
on the Future of the Aerospace Industry and 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 its future needs.
Senate amendment
No provision.
Conference substitute
Requires the Secretary of Transportation to establish a
Next Generation Air Transportation Senior Policy Committee to
work with the Joint Planning and Development Office. Members
shall be the Administrator or designee from NASA and FAA, the
Secretary of Defense, Secretary of Homeland Security, Secretary
of Commerce, Director of the Office of Science and Technology
Policy, and designees from Federal agencies determined by the
Secretary of Transportation to have an important role. The
Senior Policy Committee shall advise the Secretary and provide
policy guidance on the integrated plan for the air
transportation system to be developed by the Next Generation
Air Transportation System Joint Planning and Development
Office.
10. APPROACH PROCEDURES
House bill
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.
Senate amendment
No provision.
Conference substitute
In lieu of House provision, change expiration date in
paragraphs (C), (D), and (E) of section 106(k)(2) of current
law to conform to the number of years of the bill. Include
reference to ADS-B in the Statement of Managers.
11. AIR TRAFFIC CONTROLLERS
House bill
Paragraph (k)(5) in section 101 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.
Subsection (c) of section 101 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.
Senate amendment
Section 103(b). Requires FAA beginning in FY 2004 budget
submission and thereafter to include description of controller
staffing plan including strategies for addressing anticipated
retirements.
Conference substitute
Senate section 103(b) but starts with 2005 budget
submission. Subsection (c) of House bill.
12. ALASKAN AVIATION CORRIDORS
House bill
Authorizes some of this money be used to complete the
mapping of Alaska's main aviation corridors.
Senate amendment
No provision.
Conference substitute
House bill.
13. AVIATION SAFETY REPORTING SYSTEM
House bill
Authorizes $3.4 million to be used for the Aviation
Safety Reporting System. Calls for a report on the Aviation
Safety Reporting System.
Senate amendment
No provision.
Conference substitute
House bill.
14. BUREAU OF TRANSPORTATION STATISTICS
House bill
Authorizes $3.971 million in 04, $4.045 million in 05,
$4.127 million in 06, and $4.219 million in 05 from the Trust
Fund for the Bureau of Transportation Statistics' activities
collecting and analyzing aviation data.
Senate amendment
No provision.
Conference substitute
House bill.
15. AIR NAVIGATION FACILITIES AND EQUIPMENT (F&E)
House bill
Authorizes $3.138 billion in 2004, $2.993 billion in
2005, $3.053 billion in 2006, and $3.110 billion in 2007.
Senate amendment
Authorizes $2.196 billion in 2004, $2.971 in 2005, and
$3.030 billion for 2006. No authorization for 2007. Requires
biannual reports on the changes in budget and schedule, and
technical risks, of 10 largest F&E programs.
Conference substitute
House bill with Senate report. The Managers expect that
no research and development activities will be funded from the
facilities and equipment account.
16. GULF OF MEXICO
House bill
Money is authorized from the F&E account to improve the
safety and efficiency of air operations in the Gulf of Mexico.
Senate amendment
Similar provision but worded differently. Money is
authorized from general fund.
Conference substitute
House bill.
17. WAKE TURBULENCE
House bill
$20 million per year for 4 years is authorized from F&E
for FAA to demonstrate the benefits of a wake vortex advisory
system.
Senate amendment
$500,000 is authorized for 1 year from RED for FAA to
contract with the National Research Council for an assessment
of FAA's wake vortex research program. Report required in 1
year.
Conference substitute
House provision for the life of bill, except the
Conferees agreed to delete a specific dollar amount and change
the wording to allow development and analysis of multiple
systems.
18. PRECISION APPROACH LANDING SYSTEMS
House bill
$20 million per year is authorized per year from F&E for
precision approach landing systems in mountainous areas
contingent on FAA certifying or approving these systems.
Maintenance of equipment not included.
Senate amendment
Similar provision but no requirement for FAA approval and
no specific sum is authorized. Money comes from general fund.
Maintenance of equipment is included.
Conference substitute
House bill without specifying dollar amount.
19. STANDBY POWER EFFICIENCY PROGRAM
House bill
No provision.
Senate amendment
Authorizes funding for a program to improve power
stations at FAA sites.
Conference substitute
Senate amendment.
20. ANCHORAGE AIR TRAFFIC CONTROL FACILITIES
House bill
No provision.
Senate amendment
Requires a report from FAA on the feasibility of
consolidating air traffic control facilities.
Conference substitute
Senate amendment.
21. AIR TRAFFIC CONTROL COLLEGIATE TRAINING INITIATIVE
House bill
No provision.
Senate amendment
Authorizes DOT to expend funds on this initiative.
Conference substitute
Senate amendment but funded from the FAA's operating
account (49 USC 106(k)).
22. RESEARCH
House bill
No provision.
Senate amendment
Authorizes funding for FAA research and development.
Conference substitute
Authorizes all research and development activities for
the agency within the R&D section of Title 49. The Managers
expect these research and development activities to be funded
from the FAA's R,E&D account.
23. AVIATION SAFETY WORKFORCE INITIATIVE
House bill
No provision.
Senate amendment
NASA and FAA shall establish a joint program to make
grants to students in aviation fields. Such sums are authorized
to NASA and FAA to carry out this program. Report required in
180 days.
Conference substitute
Senate amendment.
24. SCHOLARSHIPS
House bill
No provision.
Senate amendment
NASA and FAA shall develop a student loan program for
those studying in an aviation field. Money is authorized and a
report is required.
Conference substitute
Established a scholarship and internship program for
those studying in an aviation field.
25. AIRFIELD PAVEMENT
House bill
No provision.
Senate amendment
Requires FAA to continue the program of awarding grants
to foundations to do research on airfield pavement. But this
should not get higher priority than other research programs.
FAA shall review its standards for airfield pavement
thickness and revise them if needed to meet the 20-year life
requirement for such pavement. Report required in 1 year.
Conference substitute
Senate amendment, except Conferees agreed to strike any
reference to ``rigid concrete'' and to amend 47102(3)(H) to
make non-hubs eligible for AIP grants for pavement maintenance.
26. CERTIFICATION METHODS
House bill
No provision.
Senate amendment
FAA shall conduct research to develop analytical tools to
improve existing certification methods and reduce the cost for
certification of new products.
Conference substitute
Senate amendment.
27. NEW TECHNOLOGIES
House bill
No provision.
Senate amendment
FAA may conduct a limited pilot program to provide
incentives to airlines to use new technologies. $500,000 is
authorized from the general fund in 2004 for this program.
Conference substitute
Senate amendment except authorized from Facilities and
Equipment.
28. FAA CENTER FOR EXCELLENCE
House bill
No provision.
Senate amendment
FAA shall develop a Center for Excellence focused on
research and training on composite materials.
Conference substitute
Senate amendment.
29. REPORT ON ENVIRONMENTAL IMPROVEMENTS
House bill
No provision.
Senate amendment
Requires a study on ways to reduce aircraft noise and
emissions. Report required in 1 year. $500,000 is authorized.
Conference substitute
Authorizes $20 million a year for research on enabling
technologies to reduce noise and emissions pollution.
30. AIRPORT IMPROVEMENT PROGRAM (AIP)
House bill
$3.4 billion in 2004, increasing by $200 million each of
3 years thereafter. No AIP money for administrative expenses.
Senate amendment
$3.4 billion in 2004, increasing by $100 million in each
of 2 years thereafter. Authorizes use of AIP for administrative
expenses.
Conference substitute
Senate amendment to the length of the bill however does
not authorize use of AIP for administrative expenses. Conferees
believe that AIP money should not be used for research, as that
should be done in the research account.
31. CONTRACT TOWER PROGRAM
House bill
Authorizes funding for the contract tower program for 4
years increasing funding by 500,000 each year. Updates the
section on the FAA's contract tower program by deleting the
1987 date and increases the maximum Federal share (from $1.1
million to $1.5 million) for the construction of a tower under
this program.
Senate amendment
Same provision with respect to funding but for only 3
years. Allows qualified entities to contract for towers. Same
provision with respect to the Federal share.
Conference substitute
Senate amendment, but for 4 years.
32. UNDERSERVED AIRPORTS
House bill
Subsection (b) of section 104 authorizes funding for 5
years at $35 million per year for the program established in
AIR 21 to improve service at underserved airports.
Subsection (b) of section 415 revises this program 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.
Senate amendment
Section 302, subsection (a) authorizes funding for 3
years at $27.5 million per year for this program. $275,000 may
be used for administrative costs.
Subsection (b) allows communities to participate more
than once but not for the same project. Section 354(c) amends
section 41734(h) by striking ``an airport'' and inserting
``each airport''.
Conference substitute
House section 104(b) and Senate section 302(b). House
section 415(b) but retain per state limit on a per year basis.
The Conferees continue to be concerned about air service
to 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 Conferees believe 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
Conferees encourage 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.
33. REGIONAL JET LOAN GUARANTEES
House bill
Reauthorizes the program to permit loan guarantees to be
offered for the purchase of regional jets to serve small
airports.
Senate amendment
No provision.
Conference substitute
No provision.
34. TRUST FUND GUARANTEE
House bill
Reauthorizes for 4 years 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.
Senate amendment
Same provision, worded differently, for 3 years.
Conference substitute
House bill.
35. DESIGN-BUILD
House bill
Continues for another 4 years the provision in existing
law permitting contractors to both design and build 7 airport
improvement projects.
Senate amendment
Makes existing law permanent and removes the 7-airport
project limit.
Conference substitute
Senate amendment. The Committee understands that other
alternative qualifications based methods exist such as job
order contracting and construction manager at risk. These
alternative qualifications-based methods are acceptable under
existing regulations and statute. The term ``job order
contracting'' means an agreement that provides for the purchase
of indefinite and limited quantities of construction pursuant
to specific work orders issued to the contractor. The term
``construction manager at risk'' means an agreement that
provides for preconstruction services by a contractor during or
after design. Section 181 is intended to cover traditional
design-build techniques that are not otherwise permitted.
36. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY (MWAA)
House bill
Reauthorizes MWAA's ability to receive AIP grants until
2007. Section 412(g) repeals the provision requiring this
periodic reauthorization.
Senate amendment
Requires MWAA, with DOT, to study the feasibility of
housing gates of the two air shuttles in one terminal.
Conference substitute
House bill, however Conferees agreed not to repeal the
provision requiring periodic reauthorization and to require
MWAA to seek reauthorization in 2008.
37. WAR RISK INSURANCE
House bill
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. Permits DOT to keep in effect after August
31, 2004 the war risk insurance policies that must be in effect
until that date. 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. 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.
Makes technical corrections.
Senate amendment
Reauthorizes the program for 3 years. Allows DOT to
provide war risk insurance to a U.S. aircraft manufacturer for
loss of an aircraft of a U.S. airline in excess of $50,000,000
or in excess of manufacturer's primary insurance. Includes
conforming amendments.
Conference substitute
Conferees agreed to amend Section 44310 to extend the
effective date of the program to March 30, 2008. DOT is allowed
to provide war risk insurance to a U.S. aircraft manufacturer
for loss of an aircraft of a U.S. airline in excess of
$50,000,000 or in excess of manufacturer's primary insurance.
38. PILOT PROGRAM FOR INNOVATIVE FINANCING FOR TERMINAL AUTOMATION
REPLACEMENT SYSTEMS
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill, however the pilot program is not limited to
any particular technology or system.
39. COST SHARING OF ATC MODERNIZATION PROJECTS
House bill
No provision.
Senate amendment
DOT may make 10 grants per year for ATC projects that are
certified or approved by FAA and that promote safety,
efficiency or mobility. The money shall come from the F&E
account. It shall be limited to $5 million per project. The
Federal share of the project shall be limited to 33%. The local
share shall come from non-Federal sources including PFCs.
Facilities and equipment obtained through this program may be
transferred to FAA. FAA shall issue guidelines for this program
without being subject to the APA.
Conference substitute
Senate amendment but limited to the purchase of equipment
and software.
40. PROJECT STREAMLINING
House bill
Provides that the Title may be cited as the ``Airport
Streamlining Approval Process Act of 2003''. Makes a number of
findings regarding our Nation's major airports and the
environmental review process for airport capacity projects at
congested airports.
Senate amendment
No provision.
Conference substitute
Subtitle renamed ``Aviation Development Streamlining.''
Provides that the Title may be cited as the ``Aviation
Streamlining Approval Process Act of 2003''. Findings are the
same as the House bill.
41. PROMOTION OF NEW RUNWAYS--AIRPORT CAPACITY PROJECTS
House bill
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.
Senate amendment
Section 47701, takes a different approach by requiring
the Secretary to identify airports, among FAA's Airport
Capacity Benchmark Report 2001, with delays significantly
affecting the national system. This section also requires the
Secretary to set up a task force and conduct a capacity
enhancement study (CES) from which identified airports would be
directed to engage in runway expansion processes. Based on the
CES, an airport would be required to complete the planning and
environmental review process within 5 years after CES, is
submitted to DOT. If an identified airport declines to
undertake expansion projects, they will be ineligible for
planning and other expansion funding and cannot issue passenger
facility fees. The Secretary must make every attempt to
expedite funding for airports that do comply.
Section 47702, provides for designation of airport
development projects as national capacity projects if they will
significantly enhance the capacity of the national air
transportation system. The designation is effective for 5
years.
Conference substitute
Adopted the Senate title ``Airport Capacity Enhancement''
and the House bill.
42. DOT AS LEAD AGENCY
House bill
Section 47171, subsection (a) requires the Secretary to
develop and implement a coordinated 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.
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.
Senate amendment
Section 47703, subsection (a) similarly requires the
Secretary to implement an expedited coordinated environmental
review process for national capacity projects. Includes a date
certain deadline for completing all reviews.
Subsection (b) requires each Federal agency/dept. to
accord national capacity project environmental review the
highest possible priority & to conduct the review
expeditiously. If not complying then the Secretary shall notify
Congress immediately.
Subsection (c) requires the designation of a Project
Coordinator who shall, among other things, coordinate all
activities of Federal, State and local agencies involved in the
project.
Subsection (c)(1) requires Secretary to designate a
project coordinator & establish an environmental impact team
for each national capacity project. Subsection (c)(2) sets
forth what the project coordinator and the EIS team shall do.
Adds 180-days extra time and it is not part of the NEPA
process. Subsection (a) requires FAA to publish an additional
notice in the FR for each airport capacity enhancement project
at a congested airport requesting comments on reasonable
alternatives. Subsection (b) provides, outside of NEPA, that an
alternative shall be considered reasonable if certain listed
criteria are met.
Subsection (d), provides that the Secretary's
determination, not later than 90-days after last day of comment
period, is binding on ``all persons, including Federal and
State agencies, acting under or applying Federal laws when
considering the availability of alternatives to the project.''
Subsection (e) states that the section does not apply to
alternatives analysis under NEPA and does not apply if an
airport opts out in writing. Subsections (a) and (c) require
comment periods in addition to NEPA. Subsection (a), as
indicated above, requires FAA to publish an additional notice
requesting comments on reasonable alternatives.
Subsection (c), requires an additional 60-day comment
period.
Conference substitute
House bill with Senate Amendment. The Conferees intend
that the procedures set forth in this section will allow DOT to
cut through red tape and eliminate duplication without
diminishing existing environmental laws or limiting local input
into these critical projects. Conferees believe that the
expedited, coordinated environmental review process will ensure
that once a community reaches consensus on a critical project,
the review process will not unnecessarily delay action.
Conferees designate the Department of Transportation as the
lead agency for the project review process, and 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.
The Conferees agreed to combine the streamlined
environmental review processes and procedures for airport
capacity enhancement projects at congested airports, aviation
safety projects, and aviation security projects into one
section. Therefore, House bill section 47177 is folded into
House bill section 47171. The Conferees also adopted the Senate
amendment regarding environmental impact statement teams as a
way to streamline the environmental review process and achieve
a coordinated, expedited environmental review. Conferees
believe that after proper scoping and public comment processes,
the determinations of the Secretary with regard to a proposed
project's purpose and need and reasonable alternatives shall be
binding on any other Federal or state agency that is
participating in a coordinated environmental review process
under this section. Participation in a coordinated
environmental review process includes the review of
environmental analyses, consultation and coordination, and the
issuance of environmental opinions, licenses, permits, and
approvals.
Conferees recognize that the Department of Transportation
and the Federal Aviation Administration have significant
expertise and experience on transportation-related matters.
Therefore, the Conferees believe 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
should give substantial deference to the aviation expertise of
the Federal Aviation Administration with respect to
determinations of relevant aviation factors including aircraft
and airport operations, airport capacity, and future national
air space capacity forecasts. 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 Conferees
believe 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.
43. CATEGORICAL EXCLUSIONS
House bill
Section 47172, 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.
Senate amendment
Requires FAA to report to Senate, within 30 days, on
current CATEXs and on proposed additional CATEXs. Directs
Secretary to consider other things outside of NEPA, when
determining list of proposed CATEXs.
Conference substitute
In lieu of either the House bill or Senate amendment, the
Conferees agree that the requirement to develop and publish a
list of categorical exclusions is unnecessary given that the
FAA already published a list of new categorical exclusions as
part of their proposed FAA Order 1050.1E, ``Environmental
Impacts: Policies and Procedures.'' It would therefore be most
helpful if the FAA finalized this Order. The Conferees have set
a 180-day deadline for the FAA to publish their final FAA Order
1050.1E. In addition, with regard to airport projects, the
Conferees have set a deadline for the FAA to publish, for
public comment, the revised FAA Order 5050.4B, ``Airport
Environmental Handbook,'' and urge the FAA to finalize this
Order as soon as practicable.
44. ACCESS RESTRICTIONS TO EASE CONSTRUCTION--AIR TRAFFIC PROCEDURES
House bill
Section 47173, provides that at the request of 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 (1) is necessary to mitigate significant noise
impacts and expedite construction of the runway; (2) is 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.
Senate amendment
Section 47705 is a similar provision for national
capacity projects that involve construction of new runway or
reconfiguration of runway. If the Secretary determines
consistent with safe and efficient use of airspace, and
consistent with applicable Federal law, then commit to such
procedure in ROD for project.
Conference substitute
Conferees adopted the Senate amendment with minor changes
to conform to the use of the term ``airport capacity
enhancement projects at congested airports'' in lieu of the
term ``national capacity projects.''
45. AIRPORT REVENUE TO PAY FOR MITIGATION
House bill
Section 47174, subsection (a) states, that the Secretary
may allow an airport carrying out a 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.
Subsection (b) describes what the mitigation measures described
in Subsection (a) may include.
Senate amendment
No provision.
Conference substitute
No provision.
46. AIRPORT FUNDING OF FAA STAFF
House bill
Section 47175, subsection (a) provides that FAA may
accept funds from an airport 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, to transfer its entitlement funds to the
account used by FAA 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), ensures that airport or AIP money is utilized only to
provide additional funds for environmental staff, not merely
replace funds from the FAA's operating account that would have
been provided for this purpose in any event.
Senate amendment
Section 47706, similar provision but provides for pilot
program and sets up rather complicated process getting much
more specific in requirements. Also, does not allow airports to
use AIP for this purpose.
Conference substitute
House bill and Senate Amendment. Conferees agree that
this program should be a permanent program and that airports
should be allowed to use AIP entitlement funds to fund
environmental staff. However, this provision is designed to
ensure that airport or AIP money is utilized only to provide
additional funds for environmental staff, and not merely to
replace funds in the FAA's operating account that would have
been provided for this purpose in any event.
47. AUTHORIZATION
House bill
Section 47176, 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
Senate amendment
No provision.
Conference substitute
House bill.
48. STREAMLINING OF SAFETY AND SECURITY PROJECTS
House bill
Section 47177, 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, 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, provides a list of
definitions of terms used in the subchapter, including terms
``congested airport'' and ``Airport Capacity Enhancement
Project.''
Senate amendment
Section 47707, provides definition of National Capacity
Project.
Conference substitute
House bill. Conferees combined House bill section 47177,
which includes the procedures for an expedited, coordinated
environmental review process for aviation safety and aviation
security projects, with House bill section 47171, the
procedures for airport capacity enhancement projects at
congested airports. The Conferees believe that environmental
reviews for these types of projects should be streamlined in
the same way that airport capacity enhancement projects at
congested airports are streamlined. Therefore, all processes
and procedures applicable to airport capacity enhancement
projects at congested airports apply to designated aviation
safety or aviation security projects. Conferees adopted the
House bill definitions of terms in both Sections 47177(g) and
47178.
49. GOVERNOR'S CERTIFICATE
House bill
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.
Senate amendment
Same as House bill except the Senate strikes ``(1)(c)''
in newly designated 47106(c)(4) and inserts ``(1)(B)'', and
does not strike ``Stage 2'' and insert ``Stage 3'' in
7106(c)(2)(A).
Conference substitute
Senate amendment with minor technical changes to reflect
revisions contained in House bill. Conference substitute
repeals the governor's certificate requirement regarding
compliance with applicable air and water quality standards.
50. NOISE MITIGATION NEAR A CONGESTED AIRPORT
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill.
51. STREAMLINING LIMITATIONS AND RELATIONSHIP TO OTHER REQUIREMENTS
House bill
Section 207 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 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.
Senate amendment
No provision.
Conference substitute
House bill.
52. ILLINOIS
House bill
No provision.
Senate amendment
Makes clear that nothing in Title II of the Senate
amendment precludes the application of this Act to Illinois or
preempts the Illinois Governor from approving or disapproving
an airport project.
Conference substitute
Senate amendment.
53. MANAGEMENT ADVISORY COMMITTEE MEMBERS
House bill
This section reduces the FAA's Management Advisory
Council (MAC) to 13 members to reflect the removal the Air
Traffic Services Subcommittee from the MAC. The DOT Secretary
rather than the President would fill any remaining vacancies in
the MAC.
Senate amendment
Similar provision.
Conference substitute
House bill, but name changed to Management Advisory
Committee.
54. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE
House bill
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. Members are appointed by the President and confirmed by
the Senate. Compensation of the Board Members is eliminated.
Board makes recommendations on the FAA budget rather than
approve it.
Senate amendment
Similar provision but it is called a Committee rather
than a Board and members are appointed by the Secretary.
Retains $25,000 compensation for members. Continues to require
approval of FAA budget. Requires President to submit FAA budget
request to Congress without revision.
Conference substitute
House bill and Senate amendment, but without the
provision on the budget. The new organization is a committee.
55. CLARIFICATION OF THE RESPONSIBILITIES OF THE CHIEF OPERATING
OFFICER
House bill
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).
Senate amendment
Similar, except there is no provision on cost-
reimbursable contracts.
Conference substitute
House bill.
56. SECTION WHISTLEBLOWER PROTECTION
House bill
No provision.
Senate amendment
Provides whistleblower protection for employees of FAA
contractors.
Conference substitute
Senate amendment.
57. SMALL BUSINESS OMBUDSMAN
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
58. FAA PURCHASE CARDS
House bill
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).
Senate amendment
No provision.
Conference substitute
House bill.
59. IMPROVEMENT OF AVIATION INFORMATION COLLECTION
House bill
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.
Senate amendment
No provision.
Conference substitute
House provision with additional language to ensure that
data cannot be used for anticompetitive purposes. The
additional language requires that, if the Secretary requires
air carriers to provide flight-specific information, (1) the
Secretary shall not disseminate fare information for a specific
flight to the general public for a period of at least nine
months following the date of the flight; and (2) shall give due
consideration to and address confidentiality concerns of
carriers, including competitive implications, in any rulemaking
prior to adoption of a rule requiring the dissemination to the
general public of any flight-specific fare.
60. DATA ON INCIDENTS AND COMPLAINTS INVOLVING PASSENGER AND BAGGAGE
SECURITY SCREENING
House bill
This section requires DOT to publish passenger complaints
about screening problems in the same way that it publishes
complaints about delays, lost baggage, etc.
Senate amendment
No provision.
Conference substitute
House bill.
61. DEFINITIONS
House bill
This section places the various definitions of ``hub'' in
one place in Title 49 rather than scattered throughout the code
as they are now. This section includes the various hub
definitions in Chapter 471 of title 49. Also defines ``amount
made available'' and ``passenger boardings''.
Senate amendment
Adds definitions of ``amount newly made available'' and
``amount subject to apportionment'' in chapter 471. Makes
necessary conforming changes. Subsection (b) revises when AIP
grants may be made.
Conference substitute
House bill and Senate amendment.
62. CLARIFICATIONS TO PROCUREMENT AUTHORITY
House bill
Subsection (a) deletes paragraph (c)(1) and (c)(2)(D)
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 and allows bid protests to be
resolved by alternate dispute resolution techniques. Subsection
(c) adds the procurement of ``services'' to the list of actions
to which the FAA's procurement system applies.
Senate amendment
Subsection (a) is the same provision but it also deletes
paragraphs (2)(C) and (E) that require authorization from GSA
and limit sole source contracts.
Also deletes the reference to the deadline for
implementing procurement reform.
Subsection (b) is the same as subsection (c) of the House
bill.
Conference substitute
House bill and Senate amendment with additional language
at the end of new paragraph (d)(4) stating ``and shall be
subject to judicial review under section 46110 of this title,
and to the provisions of the Equal Access to Justice Act (5
U.S.C. 504).''
63. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT EQUIPMENT UNDER
THE PFC PROGRAM
House bill
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.
Senate amendment
Similar provision, but adds requirement that DOT, in
consultation with EPA, shall issue guidance.
Conference substitute
Conferees adopted a blended version of the House bill and
Senate amendment. The Conferees adopted the House provision
with the Senate requirement that the EPA, in consultation with
DOT, shall issue guidance.
64. STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM
House bill
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 are included in that application. 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.
Senate amendment
This is the same provision with some different wording.
Also eliminates the requirement that large airports seeking a
PFC of more than $3 show that the project will make a
significant contribution to safety, security, increased
competition, or reducing congestion or noise.
Conference substitute
House bill.
65. PFCS AND MILITARY CHARTERS
House bill
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.
Makes technical amendments.
Senate amendment
Subsection (g) of section 507 is the same provision.
Conference substitute
Both House bill and Senate amendment.
66. USING PFC REVENUE FOR GROUND ACCESS PROJECTS
House bill
Requires FAA to publish in 60 days its current policy for
allowing PFCs to be used to pay for ground access projects.
Senate amendment
No provision.
Conference substitute
House bill but add ``consistent with current law.''
67. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill, but limited to air carriers filing for
bankruptcy after the date of enactment. These air carriers
would only have to segregate PFC money, and would not be
required to put that money in an escrow account.
68. MAJOR RUNWAY PROJECTS
House bill
No provision.
Senate amendment
Requires quarterly reports on the status of major runway
projects undertaken at 40 largest airports.
Conference substitute
No provision.
69. NOISE DISCLOSURE TO HOME BUYERS
House bill
No provision.
Senate amendment
Requires FAA to study the feasibility of developing a
program to notify homebuyers of information on noise disclosure
maps. Requires FAA to make noise exposure maps available on its
web site.
Conference substitute
Senate amendment. Conferees made one change by requiring
the Federal Aviation Administration to make noise exposure and
land use information from noise exposure maps available to the
public via the Internet on its web site in an appropriate
format. The approach was adopted instead of requiring the FAA
to publish noise exposure maps on the FAA's web site alone.
Conferees believe that it is very important that potential
homebuyers should be notified of the likelihood that they would
be exposed to aircraft noise.
70. CLARIFICATION OF FLY AMERICA ACT
House bill
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.
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.
Senate amendment
No provision.
Conference substitute
Conferees adopted the House provision 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.
71. AIRLINE CITIZENSHIP
House bill
No provision.
Senate amendment
To qualify as a U.S. airline, it must be under the actual
control of citizens of the U.S.
Conference substitute
Senate amendment.
72. AIR CARGO IN ALASKA
House bill
No provision.
Senate amendment
Permits cargo to or from a foreign country to be
transferred to another airline in Alaska without being
considered to have broken its international journey.
Conference substitute
Senate amendment. This subsection does not apply to
transportation of passengers and does not permit the Secretary
to authorize a foreign air carrier either to take on for
compensation at a place in the United States cargo having both
first origin and ultimate destination in the United States, or
to engage in service that contravenes any bilateral or
multilateral agreement between the United States and any
foreign state. Alaska's geographic location and distance from
the contiguous 48 states creates special needs, challenges and
opportunities. Alaska has a unique geographic location as a
technical and refueling stop for all cargo services between
Asia, on the one hand, and Europe and North America on the
other. A ``term arrangement'' is a cargo relationship between
air carrier(s) and foreign air carrier(s) on an ongoing basis,
including, for example, preferential rates or joint marketing
up to and including a full cargo alliance.
73. OVERFLIGHTS OF NATIONAL PARKS
House bill
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.
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.
Senate amendment
No provision.
Conference substitute
House bill, subsection (a) regarding the application of
the Air Tour Management Act of 2000 only. The Conferees also
agreed to add a provision regarding the utilization of quiet
technology at Grand Canyon National Park and established a
mediation process if necessary.
Conferees are greatly disappointed with the lack of
progress that has been made by the National Park Service (NPS)
and the Federal Aviation Administration (FAA) with regard to
managing air tour noise impacts in national parks. It is our
understanding that the two agencies have not been able to reach
agreement on how to set noise standards for national parks, how
to measure and model noise impacts in national parks, and how
to appropriately regulate air tours over national parks.
Conferees point out that in no less than eight places in
the Air Tour Management Act of 2000 (ATMA), Congress used the
words ``in cooperation'' to describe how the FAA and NPS should
work together to develop air tour management plans (ATMPs) for
national parks. Congress' intent is clear. The agencies should
work collaboratively, cooperatively and in coordination with
one another. Neither is in the position to dictate an approach.
Conferees expect the two agencies to come to an agreement on a
common approach to develop ATMP's, as well as to determine
environmental impacts in national parks, including noise
impacts. The approach and procedures should be developed
expeditiously and in a coordinated and collaborative fashion.
Finally, it is our understanding that the National Park
Service has not sought funding authorization or appropriation
for the ATMP process. Conferees believe that both agencies
should be funding this effort.
74. DELAY REDUCTION MEETINGS
House bill
No provision.
Senate amendment
DOT may ask U.S. airlines to meet with FAA to discuss
flight reductions at severely congested airports to reduce over
scheduling and flight delays during peak hours if FAA and DOT
determine it is necessary. Meetings shall be chaired by FAA,
open to all scheduled U.S. airlines, and limited to the
airports and time period determined by FAA. FAA shall set
flight reduction targets for the meeting. Airlines shall make
flight reduction offers to FAA rather than to other airlines.
Transcripts of the meetings shall be made available. Includes
an additional provision dealing with delays caused by stormy
weather.
Conference substitute
Senate amendment without the ``Stormy Weather''
provisions which are covered by the collaborative decision
making pilot program described below.
75. COLLABORATIVE DECISION MAKING PILOT PROGRAM
House bill
Requires a pilot program to be established within 90 days
that would authorize airlines to discuss changes in flight
schedules in the event of a capacity reduction event.
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.
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.
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.
States which airlines are eligible to participate.
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.
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. 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).
Senate amendment
Requires a program to be established to authorize
airlines to discuss changes in schedules in the event of bad
weather.
Within 30 days of enactment, DOT shall establish
procedures governing airline requests for authorization,
participation by DOT, and the determination by FAA about the
impact of bad weather.
When FAA determines that bad weather is likely to
adversely and directly affect capacity at an airport for at
least 3 hours, airlines may discuss flights directly affected
by the bad weather for up to 24 hours. DOT shall be represented
at the meetings.
Allows DOT to exempt airlines from the antitrust laws in
order to participate in the discussions.
This provision expires 2 years and 45 days after
enactment but may be extended for another 2 years. DOT shall
notify Congress of any such extension.
Conference substitute
House bill but reduced the number of initial
participating airports from 3 to 2. Conferees also included
requirements that the Attorney General concur with certain
actions and determinations of the Secretary of DOT. Conferees
also provided that the Attorney General may monitor the
communications between air carriers operating at a
participating airport. Also included antitrust immunity.
Conferees directed the Administrator of the FAA to define and
establish limited criteria for a ``capacity reduction event''.
Conferees expect the FAA to work closely with the Department of
Justice and the Department of Transportation.
76. COMPETITION AND ACCESS
House bill
No provision.
Senate amendment
Directs DOT to study and report within 6 months on
competition, access problems, gate usage, pricing and
availability at large airports.
Conference substitute
No provision.
77. COMPETITION DISCLOSURE
House bill
No provision.
Senate amendment
Requires large airports to file a report with DOT within
30 days of denying an airline a gate or other facilities.
Report shall provide reason for the denial and time frame for
granting the request.
Conference substitute
Instead of requiring a report from an airport each time
it is unable to accommodate an airline request for gates, the
conference substitute requires an airport to file a report with
DOT during each 6 month period that it was unable to
accommodate a request for gates. The airport could aggregate
several incidents into one report. This provision sunsets in 5
years.
78. AVAILABILITY OF AIRCRAFT ACCIDENT SITE INFORMATION
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill.
79. SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT
House bill
Increases the number of slot exemptions to be granted
outside the 1,250-mile perimeter from 12 to 24. Increases the
number of slot exemptions to be granted inside the perimeter
from 12 to 20.
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 without regard to the new entrant
criteria, 10 to medium size or smaller airports, and 4 to any
airport. Directs DOT to establish procedures for the grant of
these slot exemptions.
Senate amendment
No provision.
Conference substitute
House bill. In order to enhance competition, DOT is
encouraged to, among others, consider the competitive
importance of service to cities that can serve as gateways to
additional western states that currently have only limited
service to Reagan National Airport. This language is not
intended to favor or prejudice an application from a carrier
under this section.
80. PERIMETER RULES
House bill
Requires DOT to study the impact of locally imposed
perimeter rules on competition and air service to communities
outside that perimeter.
Senate amendment
No provision.
Conference substitute
No provision.
81. COMMUTER AIRCRAFT DEFINITION
House bill
Changes the definition of commuter to allow up to 76 seat
regional jets to use commuter slots at Reagan National Airport.
Senate amendment
No provision.
Conference substitute
House bill.
82. NOTICE CONCERNING AIRCRAFT ASSEMBLY WHERE AN AIRCRAFT IS ASSEMBLED
House bill
This section requires, within 1 year, U.S. airlines to
include on the placard in the seat back pocket a notice
informing the passenger of where the aircraft was built.
Senate amendment
No provision.
Conference substitute
House bill, but airlines have 18 months to include on the
placard in the seat back pocket a notice informing the
passenger of where the aircraft was finally assembled.
83. SPECIAL RULE TO PROMOTE AIR SERVICE TO SMALL COMMUNITIES
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
84. ESSENTIAL AIR SERVICE (EAS) MARKETING
House bill
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 the community can promote that
service.
Senate amendment
Airports may receive up to $50,000 for a marketing plan
to increase usage at an EAS community. A local share, not
including federal sources but including bond proceeds or in-
kind contributions, is required unless passenger usage
increases by a specified amount. Authorizes $50,000 to a State
with an EAS community to assist the State in developing methods
to increase passengers at the community. A 10% local share,
including in-kind contributions, is required.
$12 million per year for 3 years is authorized for this
program of which $200,000 may be used for administrative costs.
Conference substitute
Senate amendment.
85. EAS SUBSIDY ADJUSTMENT
House bill
Allows adjustments to a carrier's subsidy rate at any
time if average monthly costs have increased by 10% or more
without regard to requirements relating to renegotiation or
termination notice.
Senate amendment
Allows adjustments to a carrier's subsidy rate within 30
days of enactment if average annual unit costs have increased
by 10% or more without regard to renegotiation requirements.
Conference substitute
House bill section 415 (a)(3), but does not go into
effect until 30 days after enactment. Senate amendment
definition of ``significantly increased costs,'' with revisions
to clarify calculation. Conferees agreed to a new provision
authorizing the Secretary to reverse the upward adjustment in
the subsidy rate if costs subsequently decline. It is the
Managers' intent that the authority provided in this section be
used to cover an industry-wide cost increase, such as increased
fuel or insurance costs, and not one unique to a particular
carrier.
86. RETURNED EAS FUNDS
House bill
No provision.
Senate amendment
Any EAS subsidy returned to DOT by an airport shall
remain available to DOT and used to increase flights to that
airport.
Conference substitute
No provision.
87. EAS AUTHORIZATION
House bill
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.
Senate amendment
Authorizes $113 million including the $50 million already
required.
Conference substitute
House bill, with additional authorization for marketing
from Senate bill.
88. SUBSIDY TERMINATION
House bill
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.
Senate amendment
Notwithstanding the subsidy per passenger limitation in
the 2000 appropriations act, DOT may not terminate a subsidy to
a community before the end of 2004, if 2000 ridership at the
community was sufficient and it received notice in 2003 that
its ridership is no longer sufficient.
Conference substitute
No provision.
89. RESUMING SERVICE AT FORMER EAS COMMUNITIES
House bill
Allows an airline to begin service after the date of
enactment to a community that has been eliminated from the EAS
program without being subject to the hold-in requirements of
that program if it should decide to terminate service to that
community.
Senate amendment
No provision.
Conference substitute
House bill. The purpose of this provision is to remove a
requirement that might prove to be a disincentive to a carrier
resuming service to a community without any service.
90. JOINT FARES
House bill
Directs DOT to encourage the submission of joint fare
proposals to benefit service to small communities.
Senate amendment
No provision.
Conference substitute
House bill.
91. ALTERNATIVE EAS
House bill
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 could not receive
service under the established EAS program in the fiscal year in
which they participated in the alternate program.
Senate amendment
If money authorized for the marketing program is fully
appropriated, DOT shall establish a pilot program for no more
than 10 communities under which the airport may forgo EAS
subsidies for 10 years in exchange for a grant of double the
EAS subsidy for airport development. DOT may require major
airlines serving one of these 10 communities to participate in
multiple code shares if that would improve air service.
DOT shall establish a pilot program for no more than 10
communities to authorize more flights with smaller aircraft if
safety will not be compromised. For 3 of these airports, DOT
may establish a pilot program where the subsidy pays for
alternate transportation and improvement to airport facilities
if the airport agrees to terminate its participation in this
program pilot program after 1 year.
DOT may establish a pilot program where airports share
the cost of providing service over and above the required
essential air service.
Conference substitute
Substitute is House section 415 (g), with alternatives
and pilot programs in the Senate bill. The fractional ownership
provision cannot be used until the FAA rule on fractional
ownership takes effect.
92. TRACKING EAS SERVICE CHANGES
House bill
No provision.
Senate amendment
Requires semi-annual report from airlines providing EAS
on on-time performance and other service changes.
Conference substitute
Senate amendment with revisions.
93. MILEAGE REQUIREMENTS FOR EAS PROGRAM
House bill
Establishes mileage requirements for participation in the
EAS program and directs DOT to calculate the mileage by the
most commonly used route. DOT should consult with the Governor
in determining the most commonly used route. Any community
previously eliminated from the EAS program by the distance
criteria may appeal that decision to DOT in light of the
changes made by this subsection.
Senate amendment
Similar provision but the method for determining mileage
applies only to Lancaster, PA while the appeal rights apply to
any community.
Conference substitute
House bill but limited to only 2 years prior to date of
enactment and order to be issued is limited to 2007.
94. SMALL COMMUNITY OMBUDSMAN
House bill
No provision.
Senate amendment
Establishes ombudsman in DOT to develop strategies for
improving air service to small communities.
Conference substitute
No provision.
95. NATIONAL COMMISSION ON SMALL COMMUNITY AIR SERVICE
House bill
No provision.
Senate amendment
Establishes 9-member Commission to study challenges
facing small communities and whether existing Federal programs
are helping.
Conference substitute
Senate amendment.
96. REFUNDED SECURITY FEES
House bill
No provision.
Senate amendment
Requires flag airlines, within 30 days, to remit to their
code share partners any security fees that they paid but that
were refunded to the flag airline. IG reviews compliance.
Airline CEO certifies compliance.
Conference substitute
No provision.
97. TYPE CERTIFICATES
House bill
Requires anyone building a new aircraft based on a type
certificate to have the permission of the holder of that type
certificate.
Senate amendment
No provision.
Conference substitute
House bill.
98. CERTIFICATION OF FOREIGN AVIATION PRODUCTS
House bill
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.
Senate amendment
No provision.
Conference substitute
The House bill is revised to direct U.S. negotiators to
ensure that American products are treated fairly in the
certification process.
99. INTERNATIONAL ROLE OF FAA
House bill
No provision.
Senate amendment
Amends section 40101(d) by requiring FAA to exercise
leadership with foreign counterparts, in ICAO, and other
organizations to promote safety, efficiency, and environmental
improvements in air travel.
Conference substitute
Senate amendment.
100. REPORT ON OTHER NATIONS' ADVANCEMENTS
House bill
No provision.
Senate amendment
FAA shall review other countries' aviation safety,
research funding, and technological actions and report with
recommendations on how those activities might be used in the
U.S.
Conference substitute
No provision, however the report requirement in the
Senate amendment is included in section 819 of the bill.
101. DESIGN ORGANIZATION CERTIFICATES
House bill
This section directs FAA to develop, within 4 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.
Senate amendment
Similar provision but plan is to be submitted in 3 years
and implemented in 5 years. Nothing in this section prevents
FAA from revoking a certificate. Makes conforming change to
subsection on type certificates.
Conference substitute
House timelines with Senate provision on FAA authority to
revoke certificates. Replace (f)(3) of House bill with ``The
FAA may rely on certifications of compliance by a Design
Organization when making a finding under section (a).''
102. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS VIOLATIONS
House bill
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.
Senate amendment
Same provision, but would also deny a certificate to a
person who carried out an activity related to counterfeit or
fraudulent aviation parts for which he could have been
convicted.
Conference substitute
House bill.
103. RUNWAY SAFETY AREAS
House bill
Section 419 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 505 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.
Senate amendment
No provision.
Conference substitute
House bill. The Conferees agreed to limit this provision
to airports located in the State of Alaska, as that is
apparently where the FAA's actions with regard to runway safety
areas has become a problem. The Conferees also agreed to
require the DOT to conduct a study and submit a report on this
issue for airports located in the remaining states.
104. AVAILABILITY OF MAINTENANCE INFORMATION
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
105. CERTIFICATE ACTIONS IN RESPONSE TO A SECURITY THREAT
House bill
Requires FAA to revoke a pilot's certificate if the
Department of Homeland Security notifies the FAA that the pilot
is a security risk.
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.
States that the ALJ is not bound by the FAA's or TSA's
findings of fact or law.
Allows either party to appeal an ALJ decision to a
special panel created by the Transportation Security Oversight
Board.
Allows either party to appeal the panel's decision to the
U.S. Court of Appeals. 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.
Sets forth the procedures for handling classified
evidence This section makes clears that appeals under Subtitle
VII of title 49 are handled by the Federal Court of Appeals
rather than the District Court.
Contains a conforming amendment.
Senate amendment
No provision.
Conference substitute
House bill with technical clarifications to address how
FAA, TSA, DHS, CIA, and the parties shall handle classified
information in the hearing and appeal processes.
106. JUDICIAL REVIEW
House bill
Amends 46110(a) by striking ``part'' and inserting
``subtitle'' in the first sentence. Judicial review of TSA
actions is covered by section 1710 of H.R. 2144.
Senate amendment
References 46110(c) instead of 46110(a). Uses
Administration's proposed language, including sections for TSA.
Conference substitute
Conferees agreed to amend section 46110(a) of Title 49,
United States Code to clarify that the judicial review
procedures set forth in section 46110 apply to persons
disclosing a substantial interest in orders issued by the
Secretary of Transportation in whole or in part under part A
and under part B of Subtitle VII of Chapter 49 of the U.S.
Code. The intent is to clarify that 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
notes that the amendment to section 46110 would resolve the
jurisdictional issue raised in City of Alameda v. FAA, 285 F.3d
1143 (9th Cir. 2002). Conferees agreed to strike ``part'' and
insert ``Subparts A and B''; strike the reference to ``safety''
in order to clarify that the provision is not limited to safety
orders of the FAA. Similar changes are made with respect to the
Transportation Security Administration.
107. CIVIL PENALTIES
House bill
No provision.
Senate amendment
Sets all civil penalties at $25,000. Increases the limit
for the administrative imposition of civil penalties to $1
million.
Conference substitute
Senate amendment on civil penalties with an exemption for
individuals and small businesses. They will not be subject to
the penalty increase but will be subject to the penalty they
were subject to prior to the enactment of this Act. Also, sets
the limit for the administrative imposition of civil penalties
at $400,000.
108. FLIGHT ATTENDANT CERTIFICATION
House bill
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. 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. Designates the appropriate
airline official to determine whether a person has successfully
completed the training. 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. Defines ``flight attendant''.
This section takes effect one year after the date of enactment.
Senate amendment
Requires FAA to establish standards for flight attendant
training. FAA shall require flight attendants to complete
training courses approved by FAA and TSA. FAA shall issue a
certificate to each person that completes the course. Has a
similar requirement for the certificate. Similar definition of
``flight attendant''.
Conference substitute
House bill, however Conferees agreed to allow the
Administrator 120 days to issue the certificate after receiving
notification from the air carrier.
109. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT WITHOUT PROVIDING
SUFFICIENT NOTICE
House bill
Requires the government agency that owns or controls an
airport to provide 30 days notice before that airport is
closed. There is $10,000 penalty for each day that the airport
remains closed without having given the proper notice.
Senate amendment
Same provision.
Conference substitute
House bill and Senate amendment. This provision applies
only to airport closures that are permanent, not to temporary
closures for emergency or operational reasons.
110. NOISE EXPOSURE MAPS
House bill
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.
Senate amendment
Similar provision with exception that does not direct
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.
Conference substitute
House bill.
111. OVERFLIGHT FEES
House bill
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.
Senate amendment
The provision has a similar goal but accomplishes it
differently.
Conference substitute
Conferees agreed to ratify the interim final rule and
final rule issued by the FAA on May 30, 2000, and August 13,
2001, respectively. This ratification applies to fees collected
after the date of enactment of the Aviation and Transportation
Security Act and before the court decision striking down those
fees. It also applies to the fees that FAA collects in the
future after it undertakes the actions required by this
provision. The FAA may not resume collecting fees until after
the Administrator reports to Congress in response to the issues
raised in the April 8, 2003 court decision; and after the FAA
consults with users and other interested parties to ensure the
fees established are consistent with the international
obligations of the United States. Conferees intend that
consultations before the date of enactment shall satisfy this
requirement.
Conferees note that in 1996, Congress directed the FAA
Administrator to set and collect fees for the provision of air
traffic control and related services for flights that fly over
but do not land in the United States. This was done to recover
a portion of the costs of these services from those who receive
the benefit of the services but who would otherwise pay
nothing. Although the FAA Administrator has diligently
proceeded to recover such costs through the imposition of
overflight fees, a group of foreign airlines has challenged the
fees in United States Court of Appeals for the District of
Columbia Circuit.
On April 8, 2003, when the United States Court of Appeals
for the District of Columbia Circuit issued an opinion in the
case of Air Transport Association of Canada et al v. FAA, No.
01-1446, setting aside and remanding to the FAA the Final Rule
issued on August 13, 2001 under Section 45301(b)(1)(B) because
the Court concluded that, as a result of the generic savings
provision set forth in Section 141 of the ATSA, Section 119(d)
of ATSA did not apply to this Final Rule since it was the
subject of the foreign air carriers' pending challenge at the
time the ATSA was enacted. It was never the intention of
Congress that the savings provision set forth in Section 141
was to have this effect, and this amendment clarifies that fact
by retroactively applying Section 119(d) to both the Interim
Final Rule issued on May 30, 2000 as well as the Final Rule
issued on August 13, 2001.
Also, to clarify that the FAA has complied with its
statutory mandate regarding overflight fees in the Interim
Final Rule and Final Rule and to ensure the fees can be
collected in the future, the language and authority approved by
the Court of Appeals for the District of Columbia Circuit in
Thomas v. Network Solutions, Inc., 176 F. 3d 500 (D.C. Cir
1999) is adopted hereto retroactively, as well as
prospectively, to legalize and ratify both the Interim Final
Rule and the Final Rule, effective as of the dates those rules
were originally issued by the FAA.
Although the Court of Appeals has never found a violation
of international law in the overflight fee rulemakings, there
have been complaints that international law has not been
complied with by the FAA. To ensure compliance, the
Administrator is directed to consult and confer on the concerns
of foreign governments and users that the fees established by
this section conform to the international obligations of the
United States and the Administrator is authorized to adjust the
fees, if necessary, to conform to the obligations of the United
States under international law.
112. IMPROVEMENT OF CURRICULUM STANDARDS FOR AVIATION MAINTENANCE
TECHNICIANS
House bill
This section requires FAA to update the curriculum for
training aircraft mechanics to reflect current technology and
maintenance practices. Maintains requirement for 1900 hours of
training.
Senate amendment
No provision.
Conference substitute
House bill without specifically mentioning the 1900-hour
minimum requirement.
113. AIR QUALITY IN AIRCRAFT CABINS
House bill
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.
Senate amendment
Similar provision, but adds two requirements, to study
air pressure and altitude and to establish an incident
reporting system.
Conference substitute
Senate amendment.
114. RECOMMENDATIONS CONCERNING TRAVEL AGENTS
House bill
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.
Senate amendment
Same provision.
Conference substitute
House bill and Senate amendment.
115. REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL AVIATION ENTITIES
House bill
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.
Senate amendment
Similar provision but does not explicitly include banner
towers or flight schools in each coverage. Definition of
general aviation entity is slightly different.
Conference substitute
House bill, but narrows reimbursement eligibility to
general aviation businesses that are specifically identified as
having incurred costs or lost money as a result of the events
of September 11, 2001.
116. IMPASSE PROCEDURES FOR NATIONAL ASSOCIATION OF AIR TRAFFIC
SPECIALISTS
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
117. FAA INSPECTOR TRAINING
House bill
Directs GAO to undertake a study of the training of FAA's
safety inspectors. 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. Directs the FAA to arrange for the National
Academy of Sciences to study the staffing standards the FAA
uses for its inspector workforce.
Senate amendment
No provision.
Conference substitute
House bill.
118. AIR TRAFFIC OVERSIGHT SYSTEM (ATOS)
House bill
No provision.
Senate amendment
Requires FAA, within 90 days, to transmit an action plan
for overseeing repair stations, ensuring foreign repair
stations are subject to the same level of oversight as domestic
ones, and addressing problems with ATOS identified by GAO and
the IG. Sets forth the requirements for the action plan
including extending ATOS beyond the 10 largest airlines.
Conference substitute
Senate amendment that within 90 days, the FAA shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a plan containing an
implementation schedule to strengthen oversight of domestic and
foreign repair stations and ensure that Administration-approved
foreign repair stations are subject to an equivalent level of
safety, oversight, and quality control as those located in the
United States. This does not require, nor does it prevent, the
FAA to perform the same number of inspections on foreign repair
stations as domestic ones.
119. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION
House bill
Prohibits DOT from privatizing the functions performed by
its air traffic controllers who separate and control aircraft.
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 air traffic control towers that
are part of the FAA contract tower program and to non-towered
airports and non-federal towers that would qualify for
participation in this program.
Senate amendment
Prohibits DOT from privatizing the functions performed by
its air traffic controllers who separate and control aircraft
and the functions of those who maintain and certify those
systems. Section shall not apply to an FAA tower operated under
the contract tower program as of the date of enactment.
Conference substitute
Prohibits DOT from privatizing air traffic control
functions associated with the separation and control of
aircraft, but ensures that the current contract tower program
can continue and be expanded to new towers and VFR towers. The
prohibition sunsets after 4 years.
120. AIRFARES FOR MEMBERS OF THE ARMED FORCES
House bill
This is a sense of Congress urging airlines to provide
low fares for Members of the Armed Forces of the United States.
Also includes findings.
Senate amendment
Similar provision. No findings. Refers only to standby
tickets.
Conference substitute
House bill.
121. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED AIR SERVICE
House bill
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.
Senate amendment
Same provision. Also requires DOT to consider waiving
this requirement where other airlines operate flights over
routes operated in isolated areas dependent on air
transportation.
Conference substitute
House bill and Senate amendment but without the waiver in
the Senate amendment.
122. INTERNATIONAL AIR SHOW
House bill
This section directs DOT, in consultation with the
Secretary of Defense, to study the feasibility of the United
States hosting an international air show. A report is required
by September 30, 2004.
Senate amendment
No provision.
Conference substitute
House bill to direct DOT to work with DOD on an
international air show.
123. RETIREMENT BENEFITS OF AIR TRAFFIC CONTROLLERS
House bill
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. Amends
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. Clarifies that CSRS and FERS mandatory
retirement provisions that apply to line air traffic
controllers do not apply to second level supervisors. Specifies
that this section shall take effect on the 60th day after the
date of enactment. Allow current second level supervisors who
have been promoted prior to enactment to retroactively pay into
the higher CSRS accrual rate.
Senate amendment
No provision.
Conference substitute
The provision would ensure that former controllers could
keep the retirement benefits they accrued as controllers. Also
controllers who were promoted to first line supervisors as well
as the supervisors of those first line supervisors would
continue to accrue the retirement benefit of controllers.
Others who are promoted to higher supervisory positions or who
move out of the controller ranks would get controller
retirement benefits only for the time they spent as
controllers.
124. JUSTIFICATION FOR AIR DEFENSE IDENTIFICATION ZONE
House bill
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.
Senate amendment
Same provision with some different wording.
Conference substitute
House bill.
125. INTERNATIONAL AIR TRANSPORTATION
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill.
126. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED
ACTIVITIES
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill, but limited to reimbursement for the
screening of catering supplies and checking documents at
security checkpoints. The Department of Homeland Security,
rather than DOT, would be responsible for implementing this
provision to the extent funds are made available to them.
127. GENERAL AVIATION FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT
House bill
This is a sense of Congress that Reagan National Airport
should be opened to general aviation flights as soon as
possible.
Senate amendment
No provision.
Conference substitute
Requires the Secretary of Homeland Security to develop
and implement a security plan to permit general aviation
aircraft to land and take off at Ronald Reagan Washington
National Airport. The Administrator of the Federal Aviation
Administration is required to allow general aviation aircraft
that comply with the requirements of the security plan to land
and take off at the Airport except during any period that the
President suspends the plan developed by DHS due to national
security concerns. Also requires a Report to Congress if a plan
is suspended.
128. CHARTER AIRLINES
House bill
This section prohibits scheduled charter airlines from
operating at Teterboro unless the Secretary finds that it is in
the public interest.
Senate amendment
No provision.
Conference substitute
House bill.
129. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS
House bill
This section requires DOT to issue rule to implement
Chapter 4 noise standards by July 1, 2004.
Senate amendment
No provision.
Conference substitute
House bill but the deadline for the final rule is April
1, 2005.
130. JACKSON HOLE
House bill
No provision.
Senate amendment
Permits Jackson Hole to prohibit operations by small
stage 2 aircraft.
Conference substitute
Senate amendment, but permits a sponsor of a commercial
service airport who does not own the airport land and is a
party to a long-term lease agreement with a Federal agency
(other than the Department of Defense or the Department of
Transportation) to impose restrictions on, or prohibit, the
operation of small Stage 2 aircraft, in order to help meet the
noise control plan contained within the lease agreement. The
airport sponsor must give public notice and allow for public
comment before imposing a restriction or prohibition.
131. CREW SECURITY TRAINING
House bill
Requires airlines to provide basic security training for
flight attendants and sets forth the elements of that training.
TSA shall establish minimum standards for that training within
one year. Requires TSA to develop and provide advanced self-
defense training for flight attendants and sets forth the
elements of that training. This training is voluntary and
flight attendants are not compensated for taking that training.
They cannot be charged a fee. Exempts flight attendants from
liability for using self-defense techniques in an actual
terrorist situation.
Senate amendment
No provision.
Conference substitute
House bill. The provision requires the TSA to set the
minimum standards to be included in the basic security training
provided by each carrier to train flight and cabin crewmembers
to prepare the crew members for potential threat conditions.
This is intended to make sure that each carrier's training
program includes the minimum standards that have been outlined
by Congress and the TSA. The programs will be subject to
approval of the TSA, who will also monitor and periodically
review those programs to assure that the programs are
adequately preparing crew members for potential threat
situations.
132. STUDY OF TRANSPORTATION SECURITY
House bill
No provision.
Senate amendment
Requires DHS to report in 6 months on the effectiveness
of aviation security.
Conference substitute
Senate amendment, but this report may be submitted in
lieu of TSA's annual report required by section 44938 of
current law.
133. LETTERS OF INTENT TO PAY FOR AIRPORT SECURITY PROJECTS
House bill
No provision, but section 1525 of H.R. 2144 establishes a
grant program to airport sponsors for (1) projects to replace
conveyers related to security, (2) projects to reconfigure
baggage areas, (3) projects that enable EDS installation behind
the ticket counters, in baggage sorting areas or as part of an
in-line systems, and (4) other security improvement projects
determined appropriate. Authorizes Under Secretary to issue
letters of intent. Established the Federal share of projects to
be 90% for large and medium hubs and 95% for smaller airports.
Authorized $500M to be appropriated in each of FY04, FY05, FY06
and FY07 to be available until expended. Prohibits the
collection of the security fees unless appropriations cover all
outstanding LOI commitments in a given Fiscal year.
Senate amendment
Establishes Aviation Security Capital Fund to provide
financial assistance to airport sponsors to defray capital
investment in transportation security. Authorizes $500M for
each of FY04, FY05, FY06, and FY07 to be derived from the
passenger and air carrier security fees. Allocates funds 40%
large hub, 20% medium hub, 15% small hub, and 25%
discretionary. Amounts allocated to airports are apportioned
based on passenger enplanements. Authorizes letters of intent.
No provision on Federal share.
Conference substitute
Establishes within the Department of Homeland Security a
grant program to airport sponsors for (1) projects to replace
baggage conveyer systems related to aviation security; (2)
projects to reconfigure terminal baggage areas as needed to
install explosive detection systems; (3) projects to enable the
Under Secretary for Border and Transportation Security to
deploy explosive detection systems behind the ticket counter,
in the baggage sorting area, or inline with the baggage
handling system; and (4) other airport security capital
improvement projects. Authorizes Under Secretary to issue
letters of intent. Establishes the Federal share of projects to
be 90% for large and medium hubs and 95% for smaller projects.
This applies to all grants made under letters of intent
beginning in fiscal year 2004 even if the letter was issued in
fiscal year 2003. The Under Secretary shall revise letters of
intent issued before the date of enactment to reflect this cost
share with respect to projects carried out after September 30,
2003. Requires $250 million annually from the existing aviation
security fee that is paid by airline passengers to be deposited
in an Aviation Security Capital Fund, and made available to
finance this grant program. Of this $250 million, $125 million
shall be allocated based on the following set-asides: 40% to
large hub airports, 20% to medium hub airports, 15% to small
and non-hub airports, and 25% to any size airport based on
aviation security risks. The remaining $125 million shall be
used to make discretionary grants, with priority given to
fulfilling letters of intent. In addition to the amounts made
available to the Aviation Security Capital Fund, there is
authorized to be appropriated an additional $250 million to
carry out this program. If additional amounts are appropriated
pursuant to this authorization, 50% shall be used for
discretionary grants, and 50% in accordance with the set-asides
discussed above.
134. CHARTER SECURITY
House bill
No provision, but section 1503(1) of H.R. 2144 moves the
provisions governing charters into title 49 and exempts
military charters from the requirements that would otherwise
apply. Also makes a technical change in the size of charter
aircraft covered.
Senate amendment
Maintains as a freestanding provision but otherwise
virtually the same.
Section 406 makes the same technical change.
Conference substitute
Senate amendment, but includes the provision in U.S.
Code, title 49.
135. COMPUTER ASSISTED PASSENGER PRESCREENING SYSTEM (CAPPS 2)
House bill
No provision, but section 208 of H.R. 2144 requires TSA
to certify that civil liberty and privacy issues have been
addressed before implementing CAPPS 2 and requires GAO to
assess TSA compliance one year after TSA makes the required
certification.
Senate amendment
Requires DHS report in 90 days on privacy and civil
liberties issues.
Conference substitute
House bill and Senate amendment, but requires the GAO
report in the House bill to be submitted 3 months after TSA
certification
136. ARMING CARGO PILOTS
House bill
No provision but section 1521 of H.R. 2144 allows cargo
pilots to carry guns under the same program for pilots of
passenger airlines. In addition, this provision revises the
armed pilots program to do the following--
Make clear that pilot requalification to carry a
gun can be done at either Federal or non-Federal
facility
Establish a pilot program to provide firearms
requalification training at various non-Federal
facilities;
Permit an off-duty pilot to transport the gun in a
lockbox in the passenger cabin rather than in the
baggage hold; and
Permit flight engineers to participate in the
Federal flight deck officer program.
Senate amendment
Similar provision but includes findings and sense of
Congress and requires training of cargo pilots to begin in 90
days.
Conference substitute
Senate amendment, but instead of 90-day provision on
training cargo pilots, Conferees included a provision that both
passenger and cargo pilots should be treated equitably in their
access to training.
137. TSA STAFFING LEVELS
House bill
No provision but section 206 of H.R. 2144 requires TSA to
report to Congress in 30 days on its methodology for allocating
screeners and equipment among airports.
Senate amendment
Section 409, eliminates the cap in the FY 03
Appropriations Act on the number of TSA screeners.
Conference substitute
Senate amendment.
138. FOREIGN REPAIR STATION SECURITY
House bill
No provision but section 1526 of H.R. 2144 requires
security audits of all foreign repair stations within 1 year
after TSA issues rules governing the audits. The rules must be
issued within 180 days of enactment. If a problem is found, the
repair station must address it in 90 days or its certificate
will be suspended until it complies. If there is an immediate
security risk, the certificate can be revoked immediately. TSA
shall establish procedures for appealing such revocations. If
the security audits are not completed within the required 1-
year, no new foreign repair station can be certified and no
existing one can have their certificate renewed. Priority shall
be given to auditing stations in countries that pose the most
significant security risk.
Senate amendment
Defines domestic and foreign repair station. Within 180
days, FAA must issue rules to require foreign repair stations
to meet the same level of safety as domestic repair stations.
These rules shall require drug and alcohol testing and the same
type and level of inspection as domestic repair stations.
Requires security audit within 180 days. If a problem is
found, the repair station must address it in 90 days or its
certificate will be suspended until it complies. If there is an
immediate security risk, the certificate can be revoked
immediately. If the security audits are not completed within
the required 180 days, no new foreign repair station can be
certified and no existing one can have their certificate
renewed. Priority shall be given to auditing stations in
countries that pose the most significant security risk. Rules
for security audits must be issued within 180 days. If they are
not, no new foreign repair station can be certified and no
existing one can have their certificate renewed until the rules
are issued.
Requires FAA, within 90 days, to transmit an action plan
for overseeing repair stations, ensuring foreign repair
stations are subject to the same level of oversight as domestic
ones
Conference substitute
House bill except--Lengthened time to issue rule from 6
to 8 months. If TSA fails to meet this deadline, require a
report within 30 days of the deadline explaining the reasons
for failing to meet the deadline and the schedule for issuing
the rule. Lengthened time for security audits from 12 to 18
months. Eliminated the provision that prohibits renewal of
foreign repair station certificates if TSA has not met this 18-
month deadline but keep provision that no new stations can be
certificated.
139. FLIGHT TRAINING
House bill
No provision, but section 1539 of H.R. 2144 requires
background checks on aliens seeking flight training in aircraft
with more than 12,500 pounds. Makes TSA responsible for the
background check. Specifies the information that can be
collected from the alien. Continues the 45-day waiting period.
Continues to require security awareness training for employees.
Requires, within 90 days, TSA to establish an expedited process
that limits the waiting period to 48 hours for individuals who
hold a pilot license from a foreign country, have previously
undergone a background check, or who have already had pilot
training. Exempts from the waiting period those seeking
recurrent training or ground training. Doesn't provide for
fees.
Senate amendment
Requires background checks on aliens seeking flight
training in any sized aircraft. Makes TSA responsible for the
background check. Doesn't specify the info that can be
collected. Reduces the waiting period to 30 days. Continues to
require security awareness training for employees. Establishes
a notification process for aliens who hold a visa and hold a
pilot license from a foreign country or have previously
undergone a background check. Exempts from the waiting period
classroom instruction. Allows fees to be assessed for the
background check. Fee cannot be more than $100 in FY 2003 and
2004. Fees are credited to TSA's account. Requires interagency
cooperation. Requires TSA to issue an interim final rule in 60
days to implement this section. This section takes effect when
that rule becomes effective. U.S. embassies and consulates
shall provide fingerprint services to aliens. Report is
required within 1 year.
Conference substitute
For all training on small aircraft, includes a
notification requirement but no waiting period. For training on
larger aircraft, adopts the expedited procedure similar to the
House bill if they already have training, a license, or a
background check and adopts the 30-day waiting period as in the
Senate bill for first-time training on large aircraft. Makes
TSA responsible for the background check. The managers are
disappointed in the amount of time that the Justice Department
took to implement this program and on the burdensome
requirements it has imposed. Therefore, the substitute
specifies the information that can be collected from the alien.
Reduces the waiting period to 30 days. Establishes a
notification process for all aliens, even if they hold a visa,
who seek training on aircraft of 12,500 pounds or less.
Requires, within 60 days, that TSA establish an expedited
process that limits the waiting period to 5 days for aliens
seeking training on aircraft of more than 12,500 pounds who
hold a pilot license from a foreign country, have previously
undergone a background check, or who have already had pilot
training.
Requires all others to go through the background check
under the 30-day waiting period. Exempts from the process those
seeking recurrent training or ground training or demonstration
flights or classroom instruction as well as military trainees
of the armed forces, including their contractors. Allows fees
to be assessed for the background check. Fee cannot be more
than $100 in FY 2003 and 2004. Fees are credited to TSA's
account. Requires interagency cooperation. Requires TSA to
issue an interim final rule in 60 days to implement this
section. This section takes effect when that rule becomes
effective. U.S. embassies and consulates shall provide
fingerprint services to aliens. A report is required within 1
year. Continues to require security awareness training for
employees.
140. REVIEW OF COMPENSATION CRITERIA UNDER STABILIZATION ACT
House bill
This section requires GAO to review the way airlines were
compensated after 9/11 to determine whether they should be
compensated for the devaluation of their aircraft.
Senate amendment
No provision.
Conference substitute
House bill, however study is on DOT criteria and
procedures used to compensate airlines.
141. AIRLINE FINANCIAL CONDITION AND EXECUTIVE COMPENSATION
House bill
No provision.
Senate amendment
Requires semiannual GAO report on measures being taken by
airlines to reduce costs and improve earnings and on total
compensation, including stock options paid to airline
executives.
Conference substitute
Requires a report.
142. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA
House bill
This section requires FAA to report to Congress on
whether flights in Alaska can be operated under Part 91 of FAA
rules even if passengers pay for some of the costs of operating
the aircraft.
Senate amendment
No provision.
Conference substitute
Conferees agreed that due to the demands of conducting
business within and from the State of Alaska, the FAA shall
permit, where common carriage is not involved, a company,
located in the State of Alaska, to organize a subsidiary where
the only enterprise of the subsidiary is to provide carriage of
officials, employees, guests, and property of the company, or
its affiliate. The substitute sets forth specific limitations
on the carriage that is allowed.
143. USING AIP FOR REPLACEMENT OF BAGGAGE CONVEYER SYSTEMS
House bill
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.
Senate amendment
Prohibits the use of AIP for this purpose.
Conference substitute
House bill.
144. USING AIP OR PFC FOR SECURITY
House bill
No provision, but section 44901(d)(2)(D)(ii) of H.R. 2144
deletes the requirement that airports unable to make the
checked baggage screening deadline give priority to using AIP
and PFCs for security projects.
Senate amendment
Amends section 308 of the Federal Aviation
Reauthorization Act of 1996 to allow AIP and PFCs to be used
for safety and security only if the improvement or equipment
will be owned by the airport.
Conference substitute
Repeals section 308 of the Federal Aviation
Reauthorization Act of 1996.
145. SECURITY OPERATING COSTS AT SMALL AIRPORTS
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
146. WITHHOLDING OF DISCRETIONARY GRANTS
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
147. DISPOSITION OF LAND ACQUIRED FOR NOISE COMPATIBILITY PURPOSES
House bill
Rather than depositing into the aviation trust fund the
proceeds from the sale of land acquired as part of a noise
compatibility program, this section allows an airport to retain
those proceeds and use them to purchase non-residential
property near residential property that was purchased as part
of a noise compatibility program.
Senate amendment
No provision.
Conference substitute
House bill.
148. GRANT ASSURANCES
House bill
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, of at least 50 years, 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.
Senate amendment
No provision.
Conference substitute
House bill but does not specify 50 years.
149. STATUTE OF LIMITATIONS ON REIMBURSEMENT REQUEST
House bill
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.
Senate amendment
Subsection (d) of section 507 is the same provision.
Conference substitute
House bill and Senate amendment.
150. SINGLE AUDIT ACT
House bill
Clarifies the review of revenue use through the annual
audit activities under the Single Audit Act of Title 31.
Senate amendment
Subsection (e) of section 507 is the same provision.
Conference substitute
House bill and Senate amendment.
151. AIP FOR PARKING LOTS
House bill
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.
Senate amendment
No provision.
Conference substitute
No provision.
152. ALLOWING AIP TO PAY INTEREST
House bill
Permits AIP grants to be used at small airports to pay
the interest on a bond used to finance an airport project.
Senate amendment
No provision.
Conference substitute
House bill but included as one of the innovative
financing techniques already in existing law.
153. ALLOWING AIP TO PAY TO MOVE BUILDINGS
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill.
154. APPORTIONMENTS TO PRIMARY AIRPORTS
House bill
Lowers the entitlement for the largest airports by 5
cents for each passenger at that airport over 3.5 million in a
year.
Senate amendment
No provision.
Conference substitute
No provision.
155. ENTITLEMENT FOR FORMER PRIMARY AIRPORTS
House bill
Allows airports that fell below the 10,000 passengers in
2002 or 2003 to continue to receive their primary airport
entitlement for two years if the reason for the passenger
decrease was the terrorist attacks of 9/11.
Senate amendment
Allows airports that fell below 10,000 passengers in 2002
to continue to receive their primary airport entitlement for
one more year without regard to the reason for the decrease.
Conference substitute
House bill.
156. CARGO AIRPORTS
House bill
This section increases the entitlement for airports with
air cargo service from 3% of total AIP to 3.5%.
Senate amendment
Same provision.
Conference substitute
House bill and Senate amendment.
157. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS
House bill
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. 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.
Senate amendment
Adds an additional consideration for cargo operations.
Conference substitute
House bill and Senate amendment.
158. FLEXIBLE FUNDING FOR AIP ENTITLEMENTS
House bill
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.
Senate amendment
Same with respect to the second waiver dealing with the
same State or geographical area.
Conference substitute
Senate amendment.
159. FLEXIBILITY FOR GENERAL AVIATION ENTITLEMENTS
House bill
Permits multiyear grants using the general aviation
entitlement to the same extent that they are permitted using
the primary airport entitlement. 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.
Permits a general aviation airport to use its AIP entitlement
for terminal development. Section 513. Use of apportioned
amounts, subsection (a) allows general aviation airports to
carry over their entitlements for 3 years rather than two.
Senate amendment
Same provision.
Conference substitute
House bill and Senate amendment.
160. NOISE SET-ASIDE
House bill
Broadens the purposes for which noise set-aside funds may
be used to include projects approved in an environmental Record
of Decision and projects to reduce air emissions.
Senate amendment
Increases the percent for grants to 35%. Only allows for
funding for noise mitigation committed to in ROD for National
Capacity Projects, versus House that allows funding for
mitigation in any ROD. Also, does not have funding for new land
compatibility and CAA initiatives.
Conference substitute
House bill and Senate amendment with minor technical
corrections.
161. PURCHASE OF AIRPORT DEVELOPMENT RIGHTS
House bill
No provision.
Senate amendment
Establishes a pilot program at 10 privately owned public
use airports permitting the use of their entitlement to
purchase development rights to ensure that the property will
continue to be used as an airport.
Conference substitute
Senate amendment.
162. GARY, INDIANA
House bill
No provision.
Senate amendment
Requires FAA to give priority to request for a letter of
intent for Gary.
Conference substitute
No provision. The Conferees are aware that there are
numerous requests for LOI's and urges the FAA to respond as
expeditiously as possible to such applications.
163. RELIEVER AIRPORTS SET-ASIDE
House bill
Eliminates the special set-aside for reliever airports.
Senate amendment
No provision.
Conference substitute
Senate amendment.
164. UNUSED AIP FUNDS
House bill
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.
Senate amendment
Subsection (b) of section 507 is the same provision
worded somewhat differently.
Conference substitute
Senate amendment.
165. MILITARY AIRPORT PROGRAM
House bill
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. Allows an airport designated under the
military airport program to use money it receives under that
program or from its entitlement for reimbursement for
construction of a terminal, parking lot, hangar, or fuel farm.
Senate amendment
No provision.
Conference substitute
House bill, but the allowable amount is increased to $10
million for only 2 years.
166. TERMINAL DEVELOPMENT COSTS
House bill
This section restates two provisions in current law that
permits 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.
Senate amendment
Reduces the waiting period for an airport that has used
AIP to repay the cost of terminal development from 3 years to l
year before they can use AIP again for terminal development.
Conference substitute
House bill and Senate amendment.
167. AIRPORT SAFETY DATA COLLECTION
House bill
This section allows FAA to use AIP money to enter into a
sole source contract with a private entity to collect airport
safety data.
Senate amendment
Same provision.
Conference substitute
House bill.
168. AIRPORT PRIVATIZATION PILOT PROGRAM
House bill
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.
Senate amendment
No provision.
Conference substitute
House bill, but applied only prospectively.
169. FEDERAL SHARE
House bill
Eliminates the provision that limits the Federal share of
a discretionary grant for a privatized airport to 40%.
Senate amendment
Increases Federal share to 95% for AIP grants in 2004 to
small airports. Allows a different Federal share for projects
in State with a significant amount of public land.
Conference substitute
Senate amendment, but for 4 years. Increases the Federal
share of a discretionary grant for a privatized airport to 70%.
170. INNOVATIVE FINANCING TECHNIQUES
House bill
This section allows 12 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). It adds payment
of interest for large airports as a permitted technique.
Senate amendment
No provision.
Conference substitute
Payment of interest for small airports is put back into
the innovative financing section. Instead of allowing AIP to be
used by large airports for payment of interest, the substitute
allows PFCs to be used for this purpose.
171. AIRPORT SECURITY PROGRAM
House bill
This section directs the FAA to continue to administer
the program to test and evaluate innovative aviation security
systems and technologies at airports even though most security
responsibilities have been transferred to the Department of
Homeland Security.
Senate amendment
No provision.
Conference substitute
House bill.
172. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE
House bill
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. 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. Makes projects that will reduce
emissions at airports eligible for AIP grants. 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. Defines low-emission equipment.
Senate amendment
Adds that the DOT and EPA shall issue guidance on
eligible low-emission modifications and improvements and how
sponsors will demonstrate benefits.
Conference substitute
House bill and Senate amendment.
173. COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS
House bill
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.
Conditions are imposed to avoid undermining the efforts of the
airport. This provision expires in 4 years.
Senate amendment
Ties funding for land use planning to national capacity
projects only, as opposed to a broader universe of large and
medium hubs in House bill. No sunset provision. Would apply to
airports even if they have a current Part 150 program.
Conference substitute
House provision with changes to ensure that an airport
sponsor is involved in the compatible land use planning and
compatible land use projects process. The Managers believe that
it is essential that the airport sponsor have the ability to
enter into an agreement with the State or local government to
develop a land use compatibility plan and that the parties
should jointly approve the compatible land use plan.
174. PROHIBITION ON REQUIRING AIRPORTS TO PROVIDE RENT-FREE SPACE FOR
FEDERAL AVIATION ADMINISTRATION
House bill
This section requires FAA to pay rent for the space that
it uses at airports. Exceptions are provided for agreements
that might be negotiated with the airport and for land and
facilities needed to House air traffic controllers. TSA covered
by section 1527 of H.R. 2144.
Senate amendment
Similar provision, but it also covers TSA use of airport
space.
Conference substitute
No provision.
175. MIDWAY ISLAND AIRPORT
House bill
Finds that the airport on Midway Island is critical to
the safety of flights over the Pacific Ocean. 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. Allows the airport to transfer its navigation aids
to the FAA and requires the FAA to operate and maintain them.
Makes aviation trust fund money available to the Interior
Department for capital projects at the airport.
Senate amendment
Allows the Department of the Interior to act as a public
agency for the purposes of sponsoring grants for an airport
that is required to be maintained for safety at a remote
location. Section 510(a) is similar to subsection (b) of the
House bill. Section 510(b) is similar to subsection (c) of the
House bill.
Conference substitute
House bill, with changes to how funding will be made
available to the Secretary of the Interior. It will be done by
a reimbursable agreement rather than a grant. Conferees feel
strongly that all of the Federal agencies involved in the
administration of Midway Island should work cooperatively to
ensure there is a working airfield.
176. INTERMODAL PLANNING
House bill
Requires medium and large hub airports building a new
airport, new runway, or runway extension to make available to
any metropolitan planning organization (MPO) in the area a copy
of the airport layout plan and airport master plan.
Senate amendment
No provision.
Conference substitute
House bill.
177. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT
House bill
Requires DOT to report within 6 months on whether the
airport at the Marshall Islands should get a grant under the
AIP.
Senate amendment
No provision.
Conference substitute
Makes the sponsors of airports located in the Republic of
the Marshall Islands, the Federated States of Micronesia, and
Palau eligible for grants from the Airport Improvement Program
Discretionary Fund and Small Airport Fund for fiscal years 2004
through 2007. Conferees have made the entities in section 188
eligible for AIP funding. The Conferees believe that FAA should
strongly consider an application for AIP funds by any one of
the entities.
178. REPORT ON WAIVER OF PREFERENCE FOR BUYING GOODS PRODUCED IN THE
UNITED STATES
House bill
Requires DOT, within 90 days, to list all waivers granted
from the Buy America Act since the date of enactment of that
Act and the authority and rationale for that waiver.
Senate amendment
No provision.
Conference substitute
House bill, but limited to waiver granted during the
previous 2 years.
179. EXTENSION OF EXPENDITURE AUTHORITY
House bill
Allows grants to be made from the aviation trust fund for
the purposes specified in this Act.
Senate amendment
Similar provision, but adds a conforming amendment to
section 9502(f).
Conference substitute
Senate amendment plus additional language making a
technical correction to the domestic flight segment portion of
the airline ticket tax. Beginning with calendar year 2003, the
domestic flight segment portion of the airline ticket tax is
adjusted for inflation annually. The technical correction
clarifies that, in the case of amounts paid for transportation
before the beginning of the year in which the transportation is
to occur, the rate of tax is the rate in effect for the
calendar year in which the amount is paid. The provision is
effective for flight segments beginning after December 31,
2002.
The Managers strongly encourage 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.
The Managers are aware of concerns about the impact of
aircraft noise on residential areas, including those
surrounding the communities of the four airports of the Port
Authority of New York and New Jersey (PANYNJ). Although the FAA
determined that aircraft noise pollution was the strongest and
most widespread concern raised by the public at its twenty-
eight public scoping meetings in five states in 2001, the
PANYNJ has not undertaken action to mitigating residential
complaints in the neighborhoods surrounding its airports.
Therefore, it is the hope of the Conference Committee that the
PANYNJ will work in good faith with the New York and New Jersey
Congressional delegations to address these issues, including
undertaking a part 150 study to qualify for Federal residential
soundproofing dollars or to begin undertaking residential
soundproofing in the most affected areas in the footprint with
particular focus on the neighborhoods surrounding LaGuardia
Airport.
The Managers strongly encourage the FAA to work with
state aviation agencies and universities 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 state aviation agencies and universities
that have created similar programs for general aviation
airports in their state.
The legislation includes a section that amends section
4(b) of the Rivers and Harbors Appropriations Act of 1884 to
clarify that the restriction in that section with respect to
taxes on vessels or other water craft does not apply to
property taxes on vessels or water craft, other than vessels or
water craft that are primarily engaged in foreign commerce, so
long as those taxes are constitutionally permissible under
long-standing judicial interpretations of the Commerce Clause.
To assure the consistent application of legal principles
concerning non-Federal taxation of interstate transportation
equipment, the amendment in this section is effective as of
November 25, 2002. Over the years, the U.S. Supreme Court has
ruled on the constitutionality of property taxes on various
forms of interstate and international transportation equipment
in a number of cases, including but not limited to Pullman's
Palace Car Co. v. Pennsylvania, 141 U.S. 18 (1891) (railroad
rolling stock); Ott v. Mississippi Valley Barge Line Co., 336
U.S. 169 (1949) (barges on inland waterways); and Braniff
Airways, Inc. v. Nebraska State Board of Equalization, 347 U.S.
590 (1954) (domestic aircraft); Complete Auto Transit, Inc. v.
Brady, 430 U.S. 274 (1977); and Japan Line v. County of Los
Angeles, 441 U.S. 434 (1979). This line of decisions has
sustained property taxes in interstate transportation cases
when the tax is applied to an activity with a substantial nexus
with the taxing entity, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related
to the services provided by the taxing entity. The exception
for state and local taxes on vessels or watercraft that are
primarily engaged in foreign commerce implements the holding of
the Japan Line case. The committee notes that section 4(b) does
not affect whether sales or income taxes are applicable with
respect to vessels. The purpose of section 4(b) was to clarify
existing law with respect to Constitutionally permitted fees
and taxes on a vessel, but also to prohibit fees and taxes
imposed on a vessel simply because that vessel sails through a
given jurisdiction.
The Managers are aware of the concerns raised about the
recent increase in shipment interruptions during the
transportation of essential radiopharmaceuticals due to new air
transportation security mandates. The Committee recommends that
the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, review current procedures for
shipment of radiopharmaceuticals and recommend actions to
ensure the timely delivery of them. If the Secretary of DHS
undertakes this study, the Secretary shall also submit
recommendations to the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation on the actions taken to ensure the timely
delivery of these medical products by commercial aircraft no
later than 180 days after the enactment of the Act.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Don Young,
John L. Mica,
Vernon J. Ehlers,
Robin Hayes,
Denny Rehberg,
Johnny Isakson,
From the Committee on Energy and Commerce, for
consideration of sec. 521 of the House bill and
sec. 508 of the Senate amendment, and
modifications committed to conference:
Billy Tauzin,
Joe Barton,
From the Committee on Government Reform, for
consideration of secs. 404 and 438 of the House
bill and sec. 108 of the Senate amendment, and
modifications committed to conference:
Tom Davis,
Christopher Shays,
From the Committee on the Judiciary, for
consideration of secs. 106, 301, 405, 505, and
507 of the Senate amendment, and modifications
committed to conference:
F. James Sensenbrenner,
Howard Coble,
From the Committee on Resources, for
consideration of secs. 204 and 409 of the House
bill and sec. 201 of the Senate amendment, and
modifications committed to conference:
Richard Pombo,
Jim Gibbons,
Provided that Mr. Renzi is appointed in lieu of
Mr. Pombo for consideration of sec. 409 of the
House bill, and modifications committed to
conference:
Rick Renzi,
From the Committee on Science, for
consideration of sec. 102 of the House bill and
secs. 102, 104, 621, 622, 641, 642, 661, 662,
663, 667, and 669 of the Senate amendment, and
modifications committed to conference:
Sherwood Boehlert,
Dana Rohrabacher,
From the Committee on Ways and Means, for
consideration of title VI of the House bill and
title VII of the Senate amendment, and
modifications committed to conference:
William Thomas,
Dave Camp,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Conrad Burns,
Trent Lott,
Kay Bailey Hutchison,
Managers on the Part of the Senate.