[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2115 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 12, 2003.
Resolved, That the bill from the House of Representatives (H.R.
2115) entitled ``An Act to amend title 49, United States Code, to
reauthorize programs for the Federal Aviation Administration, and for
other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.
(a) Short Title.--This Act may be cited as the ``Aviation
Investment and Revitalization Vision Act''.
(b) Amendment of Title 49.--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. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.
TITLE I--REAUTHORIZATIONS; FAA MANAGEMENT
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. Research, engineering, and development.
Sec. 105. Other programs.
Sec. 106. Reorganization of the Air Traffic Services Subcommittee.
Sec. 107. Clarification of responsibilities of chief operating officer.
Sec. 108. Whistle-blower protection under Acquisition Management
System.
TITLE II--AIRPORT DEVELOPMENT
Sec. 201. National capacity projects.
Sec. 202. Categorical exclusions.
Sec. 203. Alternatives analysis.
Sec. 204. Increase in apportionment for, and flexibility of, noise
compatibility planning programs.
Sec. 205. Secretary of Transportation to identify airport congestion-
relief projects.
Sec. 206. Design-build contracting.
Sec. 207. Special rule for airport in Illinois.
Sec. 208. Elimination of duplicative requirements.
Sec. 209. Streamlining the passenger facility fee program.
Sec. 210. Quarterly status reports.
Sec. 211. Noise disclosure.
Sec. 212. Prohibition on requiring airports to provide rent-free space
for FAA or TSA.
Sec. 213. Special rules for fiscal year 2004.
Sec. 214. Agreements for operation of airport facilities.
Sec. 215. Public agencies.
Sec. 216. Flexible funding for nonprimary airport apportionments.
Sec. 217. Share of airport project costs.
Sec. 218. Pilot program for purchase of airport development rights.
Sec. 219. Gary/Chicago Airport funding.
Sec. 220. Civil penalty for closure of an airport without providing
sufficient notice.
Sec. 221. Anchorage air traffic control.
TITLE III--AIRLINE SERVICE DEVELOPMENT
Subtitle A--Program Enhancements
Sec. 301. Delay reduction meetings.
Sec. 302. Small community air service development pilot program.
Sec. 303. DOT study of competition and access problems at large and
medium hub airports.
Sec. 304. Competition disclosure requirement for large and medium hub
airports.
Sec. 305. Location of shuttle service at Ronald Reagan Washington
National Airport.
Sec. 306. Air carriers required to honor tickets for suspended service.
Subtitle B--Small Community and Rural Air Service Revitalization
Sec. 351. Reauthorization of essential air service program.
Sec. 352. Incentive program.
Sec. 353. Pilot programs.
Sec. 354. EAS program authority changes.
Sec. 355. One-year extension of EAS eligibility for communities
terminated in 2003 due to decreased air
travel.
Subtitle C--Financial Improvement Effort and Executive Compensation
Report
Sec. 371. GAO report on airlines actions to improve finances and on
executive compensation.
TITLE IV--AVIATION SECURITY
Sec. 401. Study of effectiveness of transportation security system.
Sec. 402. Aviation security capital fund.
Sec. 403. Technical amendments related to security-related airport
development.
Sec. 404. Armed forces charters.
Sec. 405. Arming cargo pilots against terrorism.
Sec. 406. General aviation and air charters.
Sec. 407. Air defense identification zone.
Sec. 408. Report on passenger prescreening program.
Sec. 409. Removal of cap on TSA staffing level.
Sec. 410. Foreign repair station safety and security.
TITLE V--MISCELLANEOUS
Sec. 501. Extension of war risk insurance authority.
Sec. 502. Cost-sharing of air traffic modernization projects.
Sec. 503. Counterfeit or fraudulently represented parts violations.
Sec. 504. Clarifications to procurement authority.
Sec. 505. Judicial review.
Sec. 506. Civil penalties.
Sec. 507. Miscellaneous amendments.
Sec. 508. Low-emission airport vehicles and infrastructure.
Sec. 509. Low-emission airport vehicles and ground support equipment.
Sec. 510. Pacific emergency diversion airport.
Sec. 511. Gulf of Mexico aviation service improvements.
Sec. 512. Air traffic control collegiate training initiative.
Sec. 513. Air transportation oversight system plan.
Sec. 514. National small community air service development Ombudsman.
Sec. 515. National commission on small community air service.
Sec. 516. Training certification for cabin crew.
Sec. 517. Aircraft manufacturer insurance.
Sec. 518. Ground-based precision navigational aids.
Sec. 519. Standby power efficiency program.
Sec. 520. Certain interim and final rules.
Sec. 521. Air fares for members of armed forces.
Sec. 522. Modification of requirements regarding training to operate
aircraft.
Sec. 523. Exemption for Jackson Hole Airport.
Sec. 524. Distance requirement applicable to eligibility for essential
air service subsidies.
Sec. 525. Reimbursement for losses incurred by general aviation
entities.
Sec. 526. Recommendations concerning travel agents.
Sec. 527. Pass-through of refunded passenger security fees to code-
share partners.
Sec. 528. Air carrier citizenship.
Sec. 529. United States presence in global air cargo industry.
TITLE VI--SECOND CENTURY OF FLIGHT
Sec. 601. Findings.
Subtitle A--The Office of Aerospace and Aviation Liaison
Sec. 621. Office of Aerospace and Aviation Liaison.
Sec. 622. National Air Traffic Management System Development Office.
Sec. 623. Report on certain market developments and government
policies.
Sec. 624. Transfer of certain air traffic control functions prohibited.
Subtitle B--Technical Programs
Sec. 641. Aerospace and aviation safety workforce initiative.
Sec. 642. Scholarships for service.
Subtitle C--FAA Research, Engineering, and Development
Sec. 661. Research program to improve airfield pavements.
Sec. 662. Ensuring appropriate standards for airfield pavements.
Sec. 663. Assessment of wake turbulence research and development
program.
Sec. 664. Air quality in aircraft cabins.
Sec. 665. International role of the FAA.
Sec. 666. FAA report on other nations' safety and technological
advancements.
Sec. 667. Development of analytical tools and certification methods.
Sec. 668. Pilot program to provide incentives for development of new
technologies.
Sec. 669. FAA center for excellence for applied research and training
in the use of advanced materials in
transport aircraft.
Sec. 670. FAA certification of design organizations.
Sec. 671. Report on long term environmental improvements.
TITLE VII--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 701. Extension of expenditure authority.
TITLE I--REAUTHORIZATIONS; FAA MANAGEMENT
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended--
(1) by inserting ``(a) In General.--'' before ``The'';
(2) by striking ``and'' in paragraph (4);
(3) by striking ``2003.'' in paragraph (5) and inserting
``2003;'';
(4) by inserting after paragraph (5) the following:
``(6) $3,400,000,000 for fiscal year 2004;
``(7) $3,500,000,000 for fiscal year 2005; and
``(8) $3,600,000,000 for fiscal year 2006.''; and
(5) by adding at the end the following:
``(b) Administrative Expenses.--From the amounts authorized by
paragraphs (6) through (8) of subsection (a), there shall be available
for administrative expenses relating to the airport improvement
program, passenger facility fee approval and oversight, national
airport system planning, airport standards development and enforcement,
airport certification, airport-related environmental activities
(including legal service), to remain available until expended--
``(1) for fiscal year 2004, $69,737,000;
``(2) for fiscal year 2005, $71,816,000; and
``(3) for fiscal year 2006, $74,048,000.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``2003,'' and inserting ``2006,''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) In General.--Section 48101(a) is amended by adding at the end
the following:
``(6) $2,916,000,000 for fiscal year 2004.
``(7) $2,971,000,000 for fiscal year 2005.
``(8) $3,030,000,000 for fiscal year 2006.''.
(b) Biannual Reports.--Beginning 180 days after the date of
enactment of 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.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended--
(1) by striking ``and'' in subparagraph (C);
(2) by striking ``2003.'' in subparagraph (D) and inserting
``2003;''; and
(3) by adding at the end the following:
``(E) $7,591,000,000 for fiscal year 2004;
``(F) $7,732,000,000 for fiscal year 2005; and
``(G) $7,889,000,000 for fiscal year 2006.''.
(b) Annual Report.--Beginning with the submission of the Budget of
the United States to the Congress for fiscal year 2004, 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.
SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.
(a) Amounts Authorized.--Section 48102(a) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) for fiscal year 2004, $289,000,000, including--
``(A) $200,000,000 to improve aviation safety,
including icing, crashworthiness, and aging aircraft;
``(B) $18,000,000 to improve the efficiency of the
air traffic control system;
``(C) $27,000,000 to reduce the environmental
impact of aviation;
``(D) $16,000,000 to improve the efficiency of
mission support; and
``(E) $28,000,000 to improve the durability and
maintainability of advanced material structures in
transport airframe structures;
``(10) for fiscal year 2005, $304,000,000, including--
``(A) $211,000,000 to improve aviation safety;
``(B) $19,000,000 to improve the efficiency of the
air traffic control system;
``(C) $28,000,000 to reduce the environmental
impact of aviation;
``(D) $17,000,000 to improve the efficiency of
mission support; and
``(E) $29,000,000 to improve the durability and
maintainability of advanced material structures in
transport airframe structures; and
``(11) for fiscal year 2006, $317,000,000, including--
``(A) $220,000,000 to improve aviation safety;
``(B) $20,000,000 to improve the efficiency of the
air traffic control system;
``(C) $29,000,000 to reduce the environmental
impact of aviation;
``(D) $18,000,000 to improve the efficiency of
mission support; and
``(E) $30,000,000 to improve the durability and
maintainability of advanced material structures in
transport airframe structures.''.
SEC. 105. OTHER PROGRAMS.
Section 106 of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century is amended--
(1) by striking ``2003'' in subsection (a)(1)(A) and
subsection (c)(2) and inserting ``2006''; and
(2) by striking ``2003,'' in subsection (a)(2) and
inserting ``2006,''.
SEC. 106. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE.
(a) In General.--Section 106 is amended--
(1) by redesignating subsections (q) and (r) as subsections
(r) and (s), respectively; and
(2) by inserting after subsection (p) the following:
``(q) Air Traffic Management Committee.--
``(1) Establishment.--The Secretary of Transportation shall
establish an advisory committee which shall be known as the Air
Traffic Services Committee (in this subsection referred to as
the `Committee').
``(2) Membership.--
``(A) Composition and appointment.--The Committee
shall be composed of--
``(i) the Administrator of the Federal
Aviation Administration, who shall serve as
chair; and
``(ii) 4 members, to be appointed by the
Secretary, after consultation with the
Committee on Transportation and Infrastructure
of the House of Representatives, and the
Committee on Commerce, Science, and
Transportation of the Senate.
``(B) No federal officer or employee.--No member
appointed under subparagraph (A)(ii) may serve as an
officer or employee of the United States Government
while serving as a member of the Committee.
``(C) Eligibility.--Members appointed under
subparagraph (A)(ii) shall--
``(i) have a fiduciary responsibility to
represent the public interest;
``(ii) be citizens of the United States;
and
``(iii) be appointed without regard to
political affiliation and solely on the basis
of their professional experience and expertise
in one or more of the following areas:
``(I) Management of large service
organizations.
``(II) Customer service.
``(III) Management of large
procurements.
``(IV) Information and
communications technology.
``(V) Organizational development.
``(VI) Labor relations.
At least one of such members should have a
background in managing large organizations
successfully. In the aggregate, such members
should collectively bring to bear expertise in
all of the areas described in subclauses (I)
through (VI).
``(D) Prohibitions on members of committee.--No
member appointed under subparagraph (A)(ii) 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) Claims against members.--
``(i) In general.--A member appointed under
subparagraph (A)(ii) shall have no personal
liability under Federal law with respect to any
claim arising out of or resulting from an act
or omission by such member within the scope of
service as a member of the Air Traffic Services
Committee.
``(ii) Effect on other law.--This
subparagraph shall not be construed--
``(I) to affect any other immunity
or protection that may be available to
a member of the Committee under
applicable law with respect to such
transactions;
``(II) to affect any other right or
remedy against the United States under
applicable law; or
``(III) to limit or alter in any
way the immunities that are available
under applicable law for Federal
officers and employees.
``(F) Ethical considerations.--
``(i) Financial disclosure.--During the
entire period that an individual appointed
under subparagraph (A)(ii) is a member of the
Committee, such individual shall be treated as
serving as an officer or employee referred to
in section 101(f) of the Ethics in Government
Act of 1978 for purposes of title I of such
Act; except that section 101(d) of such Act
shall apply without regard to the number of
days of service in the position.
``(ii) Restrictions on post-employment.--
For purposes of section 207(c) of title 18, an
individual appointed under subparagraph (A)(ii)
shall be treated as an employee referred to in
section 207(c)(2)(A)(i) of such title during
the entire period the individual is a member of
the Committee; except that subsections
(c)(2)(B) and (f) of section 207 of such title
shall not apply.
``(G) Terms for air traffic services committee
members.--A member appointed under subparagraph (A)(ii)
shall be appointed for a term of 5 years.
``(H) Reappointment.--An individual may not be
appointed under subparagraph (A)(ii) to more than two
5-year terms.
``(I) Vacancy.--Any vacancy on the Committee shall
be filled in the same manner as the original
appointment. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term.
``(J) Continuation in office.--A member whose term
expires shall continue to serve until the date on which
the member's successor takes office.
``(K) Removal.--Any member appointed under
subparagraph (A)(ii) may be removed for cause by the
Secretary.
``(3) General responsibilities.--
``(A) Oversight.--The Committee shall oversee the
administration, management, conduct, direction, and
supervision of the air traffic control system.
``(B) Confidentiality.--The Committee shall ensure
that appropriate confidentiality is maintained in the
exercise of its duties.
``(4) Specific responsibilities.--The Committee shall have
the following specific responsibilities:
``(A) Strategic plans.--To review, approve, and
monitor the strategic plan for the air traffic control
system, including the establishment of--
``(i) a mission and objectives;
``(ii) standards of performance relative to
such mission and objectives, including safety,
efficiency, and productivity; and
``(iii) annual and long-range strategic
plans.
``(B) Modernization and improvement.--To review and
approve--
``(i) methods to accelerate air traffic
control modernization and improvements in
aviation safety related to air traffic control;
and
``(ii) procurements of air traffic control
equipment in excess of $100,000,000.
``(C) Operational plans.--To review the operational
functions of the air traffic control system,
including--
``(i) plans for modernization of the air
traffic control system;
``(ii) plans for increasing productivity or
implementing cost-saving measures; and
``(iii) plans for training and education.
``(D) Management.--To--
``(i) review and approve the
Administrator's appointment of a Chief
Operating Officer under section 106(s);
``(ii) review the Administrator's
selection, evaluation, and compensation of
senior executives of the Administration who
have program management responsibility over
significant functions of the air traffic
control system;
``(iii) review and approve the
Administrator's plans for any major
reorganization of the Administration that would
impact on the management of the air traffic
control system;
``(iv) review and approve the
Administrator's cost accounting and financial
management structure and technologies to help
ensure efficient and cost-effective air traffic
control operation; and
``(v) review the performance and
compensation of managers responsible for major
acquisition projects, including the ability of
the managers to meet schedule and budget
targets.
``(E) Budget.--To--
``(i) review and approve the budget request
of the Administration related to the air
traffic control system prepared by the
Administrator;
``(ii) submit such budget request to the
Secretary; and
``(iii) ensure that the budget request
supports the annual and long-range strategic
plans.
``(5) Congressional review of pre-omb budget request.--The
Secretary shall submit the budget request referred to in
paragraph (4)(E)(ii) for any fiscal year to the President who
shall transmit such request, without revision, to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, together with the President's
annual budget request for the Federal Aviation Administration
for such fiscal year.
``(6) Committee personnel matters.--
``(A) Compensation of members.--Each member of the
Committee, other than the chair, shall be compensated
at a rate of $25,000 per year.
``(B) Staff.--The chair of the Committee may
appoint and terminate any personnel that may be
necessary to enable the Committee to perform its
duties.
``(C) Procurement of temporary and intermittent
services.--The chair of the Committee may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(7) Administrative matters.--
``(A) Powers of chair.--Except as otherwise
provided by a majority vote of the Committee, the
powers of the chair shall include--
``(i) establishing subcommittees;
``(ii) setting meeting places and times;
``(iii) establishing meeting agendas; and
``(iv) developing rules for the conduct of
business.
``(B) Meetings.--The Committee shall meet at least
quarterly and at such other times as the chair
determines appropriate.
``(C) Quorum.--Three members of the Committee shall
constitute a quorum. A majority of members present and
voting shall be required for the Committee to take
action.
``(D) Application of subsection (p) provisions.--
The following provisions of subsection (p) apply to the
Committee to the same extent as they apply to the
Management Advisory Council:
``(i) Paragraph (4)(C) (relating to access
to documents and staff).
``(ii) Paragraph (5) (relating to
nonapplication of Federal Advisory Committee
Act).
``(iii) Paragraph (6)(G) (relating to
travel and per diem).
``(iv) Paragraph (6)(H) (relating to detail
of personnel).
``(8) Annual report.--The Committee shall each year report
with respect to the conduct of its responsibilities under this
title to the Administrator, the Management Advisory Council,
the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.''.
(b) Conforming Amendments.--
(1) Subsection (p) of section 106 is amended--
(A) by striking ``18'' in paragraph (2) and
inserting ``13'';
(B) by inserting ``and'' after the semicolon in
subparagraph (C) of paragraph (2);
(C) by striking ``Transportation; and'' in
subparagraph (D) of paragraph (2) and inserting
``Transportation.'';
(D) by striking subparagraph (E) of paragraph (2);
(E) by striking paragraph (3) and inserting the
following:
``(3) No federal officer or employee.--No member appointed
under paragraph (2)(C) may serve as an officer or employee of
the United States Government while serving as a member of the
Council.'';
(F) by striking subparagraphs (C), (D), (H), and
(I) of paragraph (6) and redesignating subparagraphs
(E), (F), (G), (J), (K), and (L) as subparagraphs (C),
(D), (E), (F), (G), and (H), respectively; and
(G) by striking paragraphs (7) and (8).
(2) Section 106(s) (as redesignated by subsection (a) of
this section) is amended--
(A) by striking ``Air Traffic Services Subcommittee
of the Aviation Management Advisory Council.'' and
inserting ``Air Traffic Services Committee.'' in
paragraphs (1)(A) and (2)(A); and
(B) by striking ``Air Traffic Services Subcommittee
of the Aviation Management Advisory Council,'' and
inserting ``Air Traffic Services Committee,'' in
paragraph (3).
(3) Section 106 is amended by adding at the end the
following:
``(t) Air Traffic Control System Defined.--In this section, the
term `air traffic control system' has the meaning such term has under
section 40102(a).''.
(c) Transition From Air Traffic Service Subcommittee to Air Traffic
Service Committee.--
(1) Termination of management advisory council
membership.--Effective on the day after the date of enactment
of this Act, any member of the Management Advisory Council
appointed under section 106(p)(2)(E) of title 49, United States
Code, (as such section was in effect on the day before such
date of enactment) who is a member of the Council on such date
of enactment shall cease to be a member of the Council.
(2) Commencement of membership on air traffic services
committee.--Effective on the day after the date of enactment of
this Act, any member of the Management Advisory Council whose
membership is terminated by paragraph (1) shall become a member
of the Air Traffic Services Committee as provided by section
106(q)(2)(G) of title 49, United States Code, to serve for the
remainder of the term to which that member was appointed to the
Council.
SEC. 107. CLARIFICATION OF RESPONSIBILITIES OF CHIEF OPERATING OFFICER.
Section 106(s) (as redesignated by section 106(a)(1) of this Act)
is amended--
(1) by striking ``Transportation and Congress'' in
paragraph (4) 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,'';
(2) by striking ``develop a strategic plan of the
Administration for the air traffic control system, including
the establishment of--'' in paragraph (5)(A) and inserting
``implement the strategic plan of the Administration for the
air traffic control system in order to further--'';
(3) by striking ``To review the operational functions of
the Administration,'' in paragraph (5)(B) and inserting ``To
oversee the day-to-day operational functions of the
Administration for air traffic control,'';
(4) by striking ``system prepared by the Administrator;''
in paragraph (5)(C)(i) and inserting ``system;'';
(5) by striking ``Administrator and the Secretary of
Transportation;'' in paragraph (5)(C)(ii) and inserting
``Administrator;''; and
(6) by striking paragraph (5)(C)(iii) and inserting the
following:
``(iii) ensure that the budget request
supports the agency's annual and long-range
strategic plans for air traffic control
services.''.
SEC. 108. WHISTLE-BLOWER 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.''.
TITLE II--AIRPORT DEVELOPMENT
SEC. 201. NATIONAL CAPACITY PROJECTS.
(a) In General.--Part B of subtitle VII is amended by adding at the
end the following:
``CHAPTER 477. NATIONAL CAPACITY PROJECTS
``47701. Capacity enhancement.
``47702. Designation of national capacity projects.
``47703. Expedited coordinated environmental review process; project
coordinators and environment impact teams.
``47704. Compatible land use initiative for national capacity projects.
``47705. Air traffic procedures at national capacity projects.
``47706. Pilot program for environmental review at national capacity
projects.
``47707. Definitions.
``Sec. 47701. Capacity enhancement
``(a) In General.--Within 30 days after the date of enactment of
the Aviation Investment and Revitalization Vision Act, the Secretary of
Transportation shall identify those airports among the 31 airports
covered by the Federal Aviation Administration's Airport Capacity
Benchmark Report 2001 with delays that significantly affect the
national air transportation system.
``(b) Task Force; Capacity Enhancement Study.--
``(1) In general.--The Secretary shall direct any airport
identified by the Secretary under subsection (a) that is not
engaged in a runway expansion process and has not initiated a
capacity enhancement study (or similar capacity assessment)
since 1996--
``(A) to establish a delay reduction task force to
study means of increasing capacity at the airport,
including air traffic, airline scheduling, and airfield
expansion alternatives; or
``(B) to conduct a capacity enhancement study.
``(2) Scope.--The scope of the study shall be determined by
the airport and the Federal Aviation Administration, and where
appropriate shall consider regional capacity solutions.
``(3) Recommendations submitted to secretary.--
``(A) Task force.--A task force established under
this subsection shall submit a report containing its
findings and conclusions, together with any
recommendations for capacity enhancement at the
airport, to the Secretary within 9 months after the
task force is established.
``(B) CES.--A capacity enhancement study conducted
under this subsection shall be submitted, together with
its findings and conclusions, to the Secretary as soon
as the study is completed.
``(c) Runway Expansion and Reconfiguration.--If the report or study
submitted under subsection (b)(3) includes a recommendation for the
construction or reconfiguration of runways at the airport, then the
Secretary and the airport shall complete the planning and environmental
review process within 5 years after report or study is submitted to the
Secretary. The Secretary may extend the 5-year deadline under this
subsection for up to 1 year if the Secretary determines that such an
extension is necessary and in the public interest. The Secretary shall
notify the Senate Committee on Commerce, Science, and Transportation,
and to the House of Representatives Committee on Transportation and
Infrastructure of any such extension.
``(d) Airports That Decline To Undertake Expansion Projects.--
``(1) In general.--If an airport at which the construction
or reconfiguration of runways is recommended does not take
action to initiate a planning and environmental assessment
process for the construction or reconfiguration of those
runways within 30 days after the date on which the report or
study is submitted to the Secretary, then--
``(A) the airport shall be ineligible for planning
and other expansion funds under subchapter I of chapter
471, notwithstanding any provision of that subchapter
to the contrary; and
``(B) no passenger facility fee may be approved at
that airport during the 5-year period beginning 30 days
after the date on which the report or study is
submitted to the Secretary, for--
``(i) projects that, but for subparagraph
(A), could have been funded under chapter 471;
or
``(ii) any project other than on-airport
airfield-side capacity or safety-related
projects.
``(2) Safety-related and environmental projects excepted.--
Paragraph (1) does not apply to the use of funds for safety-
related, security, or environment projects.
``(e) Airports That Take Action.--The Secretary shall take all
actions possible to expedite funding and provide options for funding to
any airport undertaking runway construction or reconfiguration projects
in response to recommendations by its task force.
``Sec. 47702. Designation of national capacity projects
``(a) In General.--In response to a petition from an airport
sponsor, or in the case of an airport on the list of airports covered
by the Federal Aviation Administration's Airport Capacity Benchmarks
study, the Secretary of Transportation may designate an airport
development project as a national capacity project if the Secretary
determines that the project to be designated will significantly enhance
the capacity of the national air transportation system.
``(b) Designation To Remain in Effect for 5 Years.--The designation
of a project as a national capacity project under paragraph (1) shall
remain in effect for 5 years. The Secretary may extend the 5-year
period for up to 2 additional years upon request if the Secretary finds
that substantial progress is being made toward completion of the
project.
``Sec. 47703. Expedited coordinated environmental review process;
project coordinators and environment impact teams
``(a) In General.--The Secretary of Transportation shall implement
an expedited coordinated environmental review process for national
capacity 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 for an expedited and coordinated process in
the conduct of environmental reviews that ensures that, where
appropriate, the reviews are done concurrently and not
consecutively; and
``(3) provides for a date certain for completing all
environmental reviews.
``(b) High Priority for Airport Environmental Reviews.--Each
department and agency of the United States Government with jurisdiction
over environmental reviews shall accord any such review involving a
national capacity project the highest possible priority and conduct the
review expeditiously. If the Secretary finds that any such department
or agency is not complying with the requirements of this subsection,
the Secretary shall notify the Senate Committee on Commerce, Science,
and Transportation, and to the House of Representatives Committee on
Transportation and Infrastructure immediately.
``(c) Project Coordinators; EIS Teams.--
``(1) Designation.--For each project designated by the
Secretary as a national capacity project under subsection (a)
for which an environmental impact statement or environmental
assessment must be filed, the Secretary shall--
``(A) designate a project coordinator within the
Department of Transportation; and
``(B) establish an environmental impact team within
the Department.
``(2) Function.--The project coordinator and the
environmental impact team shall--
``(A) coordinate the activities of all Federal,
State, and local agencies involved in the project;
``(B) to the extent possible, working with Federal,
State and local officials, reduce and eliminate
duplicative and overlapping Federal, State, and local
permit requirements;
``(C) to the extent possible, eliminate duplicate
Federal, State, and local environmental review
procedures; and
``(D) provide direction for compliance with all
applicable Federal, State, and local environmental
requirements for the project.
``Sec. 47704. Compatible land use initiative for national capacity
projects
``(a) In General.--The Secretary of Transportation may make grants
under chapter 471 to States and units of local government for land use
compatibility plans directly related to national capacity projects for
the purposes of making the use of land areas around the airport
compatible with aircraft operations if the land use plan or project
meets the requirements of this section.
``(b) Conditions.--A land use plan or project meets the
requirements of this section if it--
``(1) is sponsored by the public agency that has the
authority to plan and adopt land use control measures,
including zoning, in the planning area in and around the
airport and that agency provides written assurances to the
Secretary that it will work with the affected airport to
identify and adopt such measures;
``(2) does not duplicate, and is not inconsistent with, an
airport noise compatibility program prepared by an airport
owner or operator under chapter 475 or with other planning
carried out by the airport;
``(3) is subject to an agreement between the public agency
sponsor and the airport owner or operator that the development
of the land use compatibility plan will be done cooperatively;
``(4) is consistent with the airport operation and
planning, including the use of any noise exposure contours on
which the land use compatibility planning or project is based;
and
``(5) has been approved jointly by the airport owner or
operator and the public agency sponsor.
``(c) Assurances From Sponsors.--The Secretary may require the
airport sponsor, public agency, or other entity to which a grant may be
awarded under this section to provide such additional assurances,
progress reports, and other information as the Secretary determines to
be necessary to carry out this section.
``Sec. 47705. Air traffic procedures at national capacity projects
``(a) In General.--The Secretary of Transportation may consider
prescribing flight procedures to avoid or minimize potentially
significant adverse noise impacts of the project during the
environmental planning process for a national capacity project that
involves the construction of new runways or the reconfiguration of
existing runways. If the Secretary determines that noise mitigation
flight procedures are consistent with safe and efficient use of the
navigable airspace, then, at the request of the airport sponsor, the
Administrator may, in a manner consistent with applicable Federal law,
commit to prescribing such procedures in any record of decision
approving the project.
``(b) Modification.--Notwithstanding any commitment by the
Secretary under subsection (a), the Secretary may initiate changes to
such procedures if necessary to maintain safety and efficiency in light
of new information or changed circumstances.
``Sec. 47706. Pilot program for environmental review at national
capacity projects
``(a) In General.--The Secretary of Transportation shall initiate a
5-year pilot program funded by airport sponsors--
``(1) to hire additional fulltime-equivalent environmental
specialists and attorneys, or
``(2) to obtain the services of such specialists and
attorneys from outside the United States Government, to assist
in the provision of an appropriate nationwide level of staffing
for planning and environmental review of runway development
projects for national capacity projects at the Federal Aviation
Administration.
``(b) Eligible Participants.--Participation in the pilot program
shall be available, on a voluntary basis, to airports with an annual
passenger enplanement of not less than 3 million passengers. The
Secretary shall specify the minimum contribution necessary to qualify
for participation in the pilot program, which shall be not less than
the amount necessary to compensate the Department of Transportation for
the expense of a fulltime equivalent environmental specialist and
attorney qualified at the GS-14 equivalent level.
``(c) Retention of Revenues.--The salaries and expenses account of
the Federal Aviation Administration shall retain as an offsetting
collection such sums as may be necessary from such proceeds for the
costs of developing and implementing the program required by subsection
(a). Such offsetting collections shall be available for obligation
subject to the terms and conditions of the receiving appropriations
account, and shall be deposited in such accounts on a quarterly basis.
Such offsetting collections are authorized to remain available until
expended for such purpose.
``Sec. 47707. Definitions
``In this chapter:
``(1) National capacity project.--The term `national
capacity project' means a project designated by the Secretary
under section 44702.
``(2) Other terms.--The definitions in section 47102 apply
to any terms used in this chapter that are defined in that
section.''.
(b) Additional Staff Authorized.--The Secretary of Transportation
is authorized to hire additional environmental specialists and
attorneys needed to process environmental impact statements in
connection with airport construction projects and to serve as project
coordinators and environmental impact team members under section 47703
of title 49, United States Code.
(c) Clerical Amendment.--The analysis for subtitle VII is amended
by inserting after the item relating to section 475 the following:
``477. National capacity projects..............................47701''.
SEC. 202. CATEGORICAL EXCLUSIONS.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Transportation shall report to the Senate Committee on
Commerce, Science, and Transportation on the categorical exclusions
currently recognized and provide a list of proposed additional
categorical exclusions from the requirement that an environmental
assessment or an environmental impact statement be prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects at airports. In determining the list of additional proposed
categorical exclusions, the Secretary shall include such other projects
as the Secretary determines should be categorically excluded in order
to ensure that Department of Transportation environmental staff
resources are not diverted to lower priority tasks and are available to
expedite the environmental reviews of airport capacity enhancement
projects at congested airports.
SEC. 203. ALTERNATIVES ANALYSIS.
(a) Notice Requirement.--Not later than 30 days after the date on
which the Secretary of Transportation identifies an airport capacity
enhancement project at a congested airport under section 47171(c) of
title 49, United States Code, the Secretary shall publish a notice in
the Federal Register requesting comments on whether reasonable
alternatives exist to the project.
(b) Certain Reasonable Alternatives Defined.--For purposes of this
section, an alternative shall be considered reasonable if--
(1) the alternative does not create an unreasonable burden
on interstate commerce, the national aviation system, or the
navigable airspace;
(2) the alternative is not inconsistent with maintaining
the safe and efficient use of the navigable airspace;
(3) the alternative does not conflict with a law or
regulation of the United States;
(4) the alternative would result in at least the same
reduction in congestion at the airport or in the national
aviation system as the proposed project; and
(5) in any case in which the alternative is a proposed
construction project at an airport other than a congested
airport, firm commitments to provide such alternate airport
capacity exists, and the Secretary determines that such
alternate airport capacity will be available no later than 4
years after the date of the Secretary's determination under
this section.
(c) Comment Period.--The Secretary shall provide a period of 60
days for comments on a project identified by the Secretary under this
section after the date of publication of notice with respect to the
project.
(d) Determination of Existence of Reasonable Alternatives.--Not
later than 90 days after the last day of a comment period established
under subsection (c) for a project, the Secretary shall determine
whether reasonable alternatives exist to the project. The determination
shall be binding on all persons, including Federal and State agencies,
acting under or applying Federal laws when considering the availability
of alternatives to the project.
(e) Limitation on Applicability.--This section does not apply to--
(1) any alternatives analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2) a project at an airport if the airport sponsor
requests, in writing, to the Secretary that this section not
apply to the project.
SEC. 204. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE
COMPATIBILITY PLANNING PROGRAMS.
Section 47117(e)(1)(A) is amended--
(1) by striking the first sentence and inserting: ``At
least 35 percent for grants for airport noise compatibility
planning under section 47505(a)(2) for a national capacity
project, for carrying out noise compatibility programs under
section 47504(c) of this title, and for noise mitigation
projects approved in an environmental record of decision for an
airport development project designated as a national capacity
project under section 47702.''; and
(2) by striking ``or not such 34 percent requirement'' in
the second sentence and inserting ``the funding level required
by the preceding sentence''.
SEC. 205. SECRETARY OF TRANSPORTATION TO IDENTIFY AIRPORT CONGESTION-
RELIEF PROJECTS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Transportation shall provide to the Senate
Committee on Commerce, Science, and Transportation, and to the House of
Representatives Committee on Transportation and Infrastructure--
(1) a list of planned air traffic and airport-capacity
projects at congested airport capacity benchmark airports the
completion of which will substantially relieve congestion at
those airports; and
(2) a list of options for expanding capacity at the 8
airports on the list at which the most severe delays are
occurring.
(b) 2-year Update.--The Secretary shall provide updated lists under
subsection (a) to the Committees 2 years after the date of enactment of
this Act.
(c) Delisting of Projects.--The Secretary shall remove a project
from the list provided to the Committees under this section upon the
request, in writing, of an airport operator if the operator states in
the request that construction of the project will not be completed
within 10 years from the date of the request.
SEC. 206. DESIGN-BUILD CONTRACTING.
(a) In General.--Subchapter I of chapter 471 is amended by adding
at the end the following:
``Sec. 47138. Design-build contracting
``(a) In General.--The Administrator 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 three 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 471, 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 chapter analysis for chapter 471 is
amended by inserting after the item relating to section 47137 the
following:
``47138. Design-build contracting.''.
SEC. 207. 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.
SEC. 208. ELIMINATION OF DUPLICATIVE REQUIREMENTS.
(a) In General.--Section 47106(c)(1) is amended--
(1) by inserting ``and'' after ``project;'' in subparagraph
(A)(ii);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(b) Conforming Amendments.--Section 47106(c) of such title is
amended--
(1) by striking paragraph (4);
(2) by redesignating paragraph (5) as paragraph (4); and
(3) by striking ``(1)(C)'' in paragraph (4), as
redesignated, and inserting ``(1)(B)''.
SEC. 209. STREAMLINING THE PASSENGER FACILITY FEE PROGRAM.
Section 40117 is amended--
(1) by striking from ``finds--'' in paragraph (4) of
subsection (b) through the end of that paragraph and inserting
``finds that the project cannot be paid for from funds
reasonably expected to be available for the programs referred
to in section 48103.'';
(2) by adding at the end of subsection (c)(2) the
following:
``(E) The agency will include in its application or
notice submitted under subsection (1) 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 consultation to an air
carrier and foreign air carrier is deemed to have
satisfied this requirement if it limits such notices
and consultations to air carriers and foreign air
carriers that have a significant business interest on
the airport. In developing regulations to implement
this provision, the Secretary shall consider a
significant business interest to be defined as an air
carrier or foreign air carrier that has no less than
1.0 percent of boardings at the airport in the prior
calendar year, except that no air carrier or foreign
air carrier may be considered excluded under this
section if it has at least 25,000 boardings at the
airport in the prior calendar year, or if it operates
scheduled service, without regard to such percentage
requirements.'';
(3) by redesignating paragraph (3) of subsection (c) as
paragraph (4) and 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--
``(A) a requirement that the eligible agency
provide public notice of intent to collect a passenger
facility fee so as to inform those interested persons
and agencies who may be affected, including--
``(i) publication in local newspapers of
general circulation;
``(ii) publication in other local media;
and
``(iii) posting the notice on the agency's
website;
``(B) a requirement for submission of public
comments no sooner than 30 days after publishing of the
notice and not later than 45 days after publication;
and
``(C) a requirement that the agency include in its
application or notice submitted under paragraph (1)
copies of all comments received under subparagraph
(B).'';
(4) by striking ``shall'' in the first sentence of
paragraph (4), as redesignated, of subsection (c) and inserting
``may''; and
(5) by adding at the end the following:
``(l) Pilot Program for Passenger Facility Fee Authorizations at
Small Airports.--
``(1) There is established a pilot program for the
Secretary to test alternative procedures for authorizing small
airports to impose passenger facility fees. An eligible agency
may impose a passenger facility fee at a nonhub airport (as
defined in section 41762(11) of this title) that it controls
for use on eligible airport-related projects at that airport,
in accordance with the provisions of this subsection. These
procedures shall be in lieu of the procedures otherwise
specified in this section.
``(2) 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) The eligible agency must submit to the Secretary a
notice of intention to impose a passenger facility fee, which
notice shall include--
``(A) information that the Secretary may require by
regulation on each project for which authority to
impose a passenger facility charge is sought;
``(B) the amount of revenue from passenger facility
charges that is proposed to be collected for each
project; and
``(C) the level of the passenger facility charge
that is proposed.
``(4) The Secretary shall acknowledge receipt of the notice
and indicate any objection to the imposition of a passenger
facility fee for any project identified in the notice within 30
days after receipt of the eligible agency's notice.
``(5) 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.
``(6) 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) The authority granted under this subsection shall
expire three years after the issuance of the regulation
required by paragraph (6).
``(8) An acknowledgement issued under paragraph (4) shall
not be considered an order of the Secretary issued under
section 46110 of this title.''.
SEC. 210. QUARTERLY STATUS REPORTS.
Beginning with the second calendar quarter ending after the date of
enactment of this Act, the Secretary of Transportation shall provide
quarterly status reports to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the status of construction of each
major runway project undertaken at the largest 40 commercial airports
in terms of annual enplanements.
SEC. 211. 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 Federal
Aviation Administration shall make copies or facsimiles of 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. 212. PROHIBITION ON REQUIRING AIRPORTS TO PROVIDE RENT-FREE SPACE
FOR FAA OR TSA.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40129. Prohibition on rent-free space requirements for FAA or
TSA
``(a) In General.--Neither the Secretary of Transportation nor the
Secretary of Homeland Security may require airport sponsors to provide
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings to the Federal Aviation Administration
or the Transportation Security Administration without cost for services
relating to air traffic control, air navigation, aviation security, or
weather reporting.
``(b) Negotiated Agreements.--Subsection (a) does not prohibit--
``(1) the negotiation of agreements between either
Secretary and an airport sponsor to provide building
construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings to the Federal Aviation
Administration or the Transportation Security Administration
without cost or at below-market rates; or
``(2) either Secretary from requiring airport sponsors to
provide land without cost to the Federal Aviation
Administration for air traffic control facilities or space
without cost to the Transportation Security Administration for
necessary security checkpoints.''.
(b) Conforming Amendment.--The chapter analysis for chapter 401 is
amended by adding at the end the following:
``40129. Prohibition on rent-free space requirements for FAA or TSA.''.
SEC. 213. SPECIAL RULES FOR FISCAL YEAR 2004.
(a) Apportionment to Certain Airports With Declining Boardings.--
(1) In general.--For fiscal year 2004, the Secretary of
Transportation may apportion funds under section 47114 of title
49, United States Code, to the sponsor of an airport described
in paragraph (2) in an amount equal to the amount apportioned
to that airport under that section for fiscal year 2002,
notwithstanding any provision of section 47114 to the contrary.
(2) Airports to which paragraph (1) applies.--Paragraph (1)
applies to any airport determined by the Secretary to have
had--
(A) less than 0.05 percent of the total United
States passenger boardings (as defined in section
47102(10) of title 49, United States Code) for the
calendar year used for determining apportionments under
section 47114 for fiscal year 2004;
(B) less than 10,000 passenger boardings in
calendar year 2002; and
(C) 10,000 or more passenger boardings in calendar
year 2000.
(b) 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 fiscal year 2004 under chapter 471 of that title for a project
described in paragraph (2) or (3) of that section shall be 95 percent.
SEC. 214. AGREEMENTS FOR OPERATION OF AIRPORT FACILITIES.
Section 47124 is amended--
(1) by inserting ``a qualified entity or'' after ``with''
in subsection (a);
(2) by inserting ``entity or '' after ``allow the'' in
subsection (a);
(3) by inserting ``entity or'' before ``State'' the last
place it appears in subsection (a);
(4) by striking ``contract,'' in subsection (b)(2) and
inserting ``contract with a qualified entity, or'';
(5) by striking ``the State'' each place it appears in
subsection (b)(2) and inserting ``the entity or State'';
(6) by striking ``pilot'' in the caption of subsection
(b)(3);
(7) by striking ``pilot'' in subsection (b)(3)(A);
(8) by striking ``pilot'' in subsection (b)(3)(D);
(9) by striking ``$6,000,000 per fiscal year'' in
subsection (b)(3)(E) and inserting ``$6,500,000 for fiscal
2004, $7,000,000 for fiscal year 2005, and $7,500,000 for
fiscal year 2006''; and
(10) by striking ``$1,100,000.'' in subsection (b)(4)(C)
and inserting ``$1,500,000.''.
SEC. 215. PUBLIC AGENCIES.
Section 47102(15) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) the Department of the Interior with respect
to an airport owned by the Department that is required
to be maintained for commercial aviation safety at a
remote location; or''.
SEC. 216. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) In General.--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)(2)(A) of this
title if the Secretary agrees to make the waived amount
available for a grant for another public-use airport in the
same State or geographical area as the airport, as determined
by the Secretary.''.
(b) Conforming Amendments.--
(1) Section 47108(a) is amended by inserting ``or section
47114(d)(2)(A)'' after ``under section 47114(c)''.
(2) Section 47110 is amended--
(A) by inserting ``or section 47114(d)(2)(A)'' in
subsection (b)(2)(C) after ``of section 47114(c)'';
(B) by inserting ``or section 47114(d)(2)(A)'' in
subsection (g) after ``of section 47114(c)'';
(C) by striking ``of project.'' in subsection (g)
and inserting ``of the project.''; and
(D) 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 and for which the Government's share is paid only
with funds apportioned to a sponsor under section 47114(d)(3)(A), if
the Secretary determines that the sponsor has made adequate provision
for financing airside needs of the airport.''.
(3) Section 47119(b) is amended by--
(A) striking ``or'' after the semicolon in
paragraph (3);
(B) striking ``1970.'' in paragraph (4) and
inserting ``1970; or''; and
(C) adding at the end the following:
``(5) to a sponsor of a nonprimary airport referred to in
subparagraph (A) or (B) paragraph (2), any part of amounts
apportioned to the sponsor for the fiscal year under section
47114(d)(3)(A) of this title for project costs allowable under
section 47110(d) of this title.''.
(c) Apportionment for All-Cargo Airports.--Section 47114(c)(2)(A)
is amended by striking ``3'' and inserting ``3.5''.
(d) Considerations for Cargo Operations.--Section 47115(d) is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) the ability of the project to foster United States
competitiveness in securing global air cargo activity at a
United States airport.''.
(e) Terminal Development Costs.--Section 47119(a)(1)(C) is amended
by striking ``3 years'' and inserting ``1 year''.
SEC. 217. SHARE OF AIRPORT PROJECT COSTS.
(a) In General.--Section 47109 of title 49, United States Code, is
amended by redesignating subsection (c) as subsection (d) and inserting
after subsection (b) the following:
``(c) Grandfather Rule.--
``(1) In general.--In the case of any project approved
after September 30, 2001, at an airport that has less than .25
percent of the total number of passenger boardings at all
commercial service airports, and 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, title
49, United States Code, is amended by striking ``Except as provided in
subsection (b)'', and inserting in lieu thereof ``Except as provided in
subsection (b) or subsection (c)''.
SEC. 218. PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS.
(a) In General.--Chapter 471 is amended by adding at the end the
following:
``Sec. 47141. 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 chapter analysis for chapter 471 is
amended by inserting after the item relating to section 47140 the
following:
``47141. Pilot program for purchase of airport development rights''.
SEC. 219. GARY/CHICAGO AIRPORT FUNDING.
The Administrator of the Federal Aviation Administration shall, for
purposes of chapter 471 of title 49, United States Code, give priority
consideration to a letter of intent application for funding submitted
by the City of Gary, Indiana, or the State of Indiana, for the
extension of the main runway at the Gary/Chicago Airport. The letter of
intent application shall be considered upon completion of the
environmental impact statement and benefit cost analysis in accordance
with Federal Aviation Administration requirements. The Administrator
shall consider the letter of intent application not later than 90 days
after receiving it from the applicant.
SEC. 220. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT WITHOUT PROVIDING
SUFFICIENT NOTICE.
(a) In General.--Chapter 463 is amended by adding at the end the
following:
``SEC. 46319. CLOSURE OF AN AIRPORT WITHOUT PROVIDING SUFFICIENT
NOTICE.
``(a) Prohibition.--A public agency (as defined in section 47102)
may not close an airport listed in the national plan of integrated
airport systems under section 47103 without providing written notice to
the Administrator of the Federal Aviation Administration at least 30
days before the date of the closure.
``(b) Publication of Notice.--The Administrator shall publish each
notice received under subsection (a) in the Federal Register.
``(c) Civil Penalty.--A public agency violating subsection (a)
shall be liable for a civil penalty of $10,000 for each day that the
airport remains closed without having given the notice required by this
section.''.
(b) Conforming Amendment.--The analysis for chapter 463 is amended
by adding at the end the following:
``46319. Closure of an airport without providing sufficient note.''.
SEC. 221. 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.
TITLE III--AIRLINE SERVICE DEVELOPMENT
Subtitle A--Program Enhancements
SEC. 301. DELAY REDUCTION MEETINGS.
(a) In General.--Subchapter I of chapter 417 is amended by adding
at the end the following new section:
``Sec. 41723. Delay reduction actions
``(a) Delay Reduction Meetings.--
``(1) 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--
``(A) the Administrator of the Federal Aviation
Administration determines that it is necessary to
convene such a meeting; and
``(B) the Secretary determines that the meeting is
necessary to meet a serious transportation need or
achieve an important public benefit.
``(2) Meeting conditions.--Any meeting under paragraph
(1)--
``(A) shall be chaired by the Administrator;
``(B) shall be open to all scheduled air carriers;
and
``(C) shall be limited to discussions involving the
airports and time periods described in the
Administrator's determination.
``(3) 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.
``(4) Delay reduction offers.--An air carrier attending the
meeting shall make any delay reduction offer to the
Administrator rather than to another carrier.
``(5) 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) Stormy Weather Agreements Limited Exemption.--
``(1) In general.--The Secretary may establish a program to
authorize by order discussions and agreements between 2 or more
air carriers for the purpose of reducing flight delays during
periods of inclement weather.
``(2) Requirements.--An authorization issued under
paragraph (1)--
``(A) may only be issued by the Secretary after a
determination by the Federal Aviation Administration
that inclement weather is likely to adversely and
directly affect capacity at an airport for a period of
at least 3 hours;
``(B) shall apply only to discussions and
agreements concerning flights directly affected by the
inclement weather; and
``(C) shall remain in effect for a period of 24
hours.
``(3) Procedure.--The Secretary shall establish procedures
within 30 days after such date of enactment for--
``(A) filing requests for an authorization under
paragraph (1);
``(B) participation under paragraph (5) by
representatives of the Department of Transportation in
any meetings or discussions held pursuant to such an
order; and
``(C) the determination by the Federal Aviation
Administration about the impact of inclement weather.
``(4) Copy of participation request filed with secretary.--
Before an air carrier may request an order under paragraph (1),
it shall file a request with the Secretary, in such form and
manner as the Secretary may prescribe, to participate in the
program established under paragraph (1).
``(5) DOT participation.--The Secretary shall ensure that
the Department is represented at any meetings authorized under
this subsection.
``(c) Exemption Authorized.--When the Secretary finds that it is
required by the public interest, the Secretary, as part of an order
issued under subsection (b)(1), shall exempt a person affected by the
order from the antitrust laws to the extent necessary to allow the
person to proceed with the activities approved in the order.
``(d) 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).
``(e) Sunset.--The authority of the Secretary to issue an order
under subsection (b)(1) of this section expires at the end of the 2-
year period that begins 45 days after the date of enactment of the
Aviation Investment and Revitalization Vision Act. The Secretary may
extend the 2-year Period for an additional 2 years if the Secretary
determines that such an extension is necessary and in the public
interest. The Secretary shall notify the Senate Committee on Commerce,
Science, and Transportation, and to the House of Representatives
Committee on Transportation and Infrastructure of any such
extension.''.
(b) Conforming Amendment.--The chapter analysis for chapter 417 is
amended by inserting after the item relating to section 41722 the
following new item:
``41723. Delay reduction actions.''.
SEC. 302. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM.
(a) 3-Year Extension.--Section 41743(e)(2) is amended--
(1) by striking ``There is'' and inserting ``There are'';
(2) by striking ``2001 and'' and inserting ``2001,'';
(3) by striking ``2003'' and inserting ``2003, and
$27,500,000 for each of fiscal years 2004, 2005, and 2006'';
and
(4) by striking ``section.'' and inserting ``section, not
more than $275,000 per year of which may be used for
administrative costs in fiscal years 2004 through 2006.''.
(b) Additional Communities.--Section 41743(c)(4) of such title is
amended by striking ``program.'' and inserting ``program each year. 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.
SEC. 303. DOT STUDY OF COMPETITION AND ACCESS PROBLEMS AT LARGE AND
MEDIUM HUB AIRPORTS.
(a) In General.--The Secretary of Transportation shall study
competition and airline access problems at hub airports (as defined in
section 41731(a)(3)) of title 49, United States Code, and medium hub
airports (as defined in section 41714(h)(9) of that title). In the
study, the Secretary shall examine, among other matters--
(1) gate usage and availability; and
(2) the effects of the pricing of gates and other
facilities on competition and access.
(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 competition and airline access at such airports 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.
SEC. 304. COMPETITION DISCLOSURE REQUIREMENT FOR LARGE AND MEDIUM HUB
AIRPORTS.
Section 47107 is amended by adding at the end the following:
``(q) 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 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.--If an airport denies an
application by an air carrier to receive access to gates or
other facilities at that airport in order to provide service to
the airport or to expand service at the airport, then, within
30 days after denying the request, the airport sponsor shall--
``(A) notify the Secretary of the denial; and
``(B) transmit a report to the Secretary that--
``(i) describes the request;
``(ii) explains the reasons for the denial;
and
``(iii) provides a time frame within which,
if any, the airport will be able to accommodate
the request.
``(3) Definitions.--In this subsection:
``(A) Hub airport.--The term `hub airport' has the
meaning given that term by section 41731(a)(3).
``(B) Medium hub airport.--The term `medium hub
airport' has the meaning given that term by section
41714(h)(9).''.
SEC. 305. LOCATION OF SHUTTLE SERVICE AT RONALD REAGAN WASHINGTON
NATIONAL AIRPORT.
The Airports Authority (as defined in section 49103(1) of title 49,
United States Code) shall, in conjunction with the Department of
Transportation, conduct a study on the feasibility of housing the gates
used by all air carriers providing shuttle service from Ronald Reagan
Washington National Airport in the same terminal.
SEC. 306. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.
(a) In General.--Section 145(a) of the Aviation and Transportation
Security Act of 2001 (49 U.S.C. 40101 note) is amended by adding at the
end the following: ``The Secretary of Transportation shall give
favorable consideration to waiving the terms and conditions established
by this section, including those set forth in the guidance provided by
the Department in notices, dated August 8, 2002, November 14, 2002, and
January 23, 2003, in cases where remaining carriers operate additional
flights to accommodate passengers whose service was suspended,
interrupted, or discontinued under circumstances described in the
preceding sentence over routes located in isolated areas that are
unusually dependent on air transportation.''.
(b) Extension.--Section 145(c) of such Act (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''.
Subtitle B--Small Community and Rural Air Service Revitalization
SEC. 351. REAUTHORIZATION OF ESSENTIAL AIR SERVICE PROGRAM.
Section 41742(a) of title 49, United States Code, is amended to
read as follows:
``(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation to carry out the essential air service
under this subchapter, $113,000,000 for each of fiscal years 2004
through 2007, $50,000,000 of which for each such year shall be derived
from amounts received by the Federal Aviation Administration credited
to the account established under section 45303 of this title or
otherwise provided to the Administration.''.
SEC. 352. INCENTIVE PROGRAM.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--MARKETING INCENTIVE PROGRAM
``Sec. 41781. Purpose.
``Sec. 41782. Marketing program.
``Sec. 41783. State marketing assistance.
``Sec. 41784. Definitions.
``Sec. 41785. Authorization of appropriations.
``Sec. 41781. Purposes
``The purposes of this subchapter 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.
``Sec. 41782. Marketing program
``(a) In General.--The Secretary of Transportation shall establish
a marketing incentive program for communities that receive subsidized
service by an air carrier under section 41733 under which the airport
sponsor in such a community may receive a grant of not more than
$50,000 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 the marketing plan shall come from non-Federal
sources. For purposes of this paragraph--
``(A) the non-Federal portion of the publicly
financed costs may be derived from contributions in
kind; and
``(B) State or local matching contributions may not
be derived, directly or indirectly, from Federal funds,
but the use by a state or 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, the Secretary
determines that the marketing plan has increased average
monthly boardings, or the level of passenger usage, at the
airport facilities at 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 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, the Secretary determines that the marketing plan has
increased average monthly boardings, or the level of passenger
usage, at the airport facilities at 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 for the following 12-month period.
``Sec. 41783. State marketing assistance
``The Secretary of Transportation may provide up to $50,000 in
technical assistance to any State within which an eligible point that
receives subsidized service by an air carrier under section 41733 is
located for the purpose of assisting the State and such communities to
develop methods to increase boardings in such communities. At least 10
percent of the costs of the activity with which the assistance is
associated shall come from non-Federal sources, including contributions
in kind.
``Sec. 41784. Definitions
``In this subchapter:
``(1) Eligible place.--The term `eligible place' has the
meaning given that term in section 41731(a)(1), subject to the
provisions of section 332 of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731
note).
``(2) Eligible essential air service community.--The term
`eligible essential air service community' means an eligible
place that--
``(A) submits an application to the Secretary in
such form, at such time, and containing such
information as the Secretary may require, including a
detailed marketing plan, or specifications for the
development of such a plan, to increase average
boardings, or the level of passenger usage, at its
airport facilities; and
``(B) provides assurances, satisfactory to the
Secretary, that it is able to meet the non-Federal
funding requirements of section 41782(b)(1).
``(3) Passenger boardings.--The term `passenger boardings'
has the meaning given that term by section 47102(10).
``(4) Sponsor.--The term `sponsor' has the meaning given
that term in section 47102(19).
``Sec. 41785. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Transportation $12,000,000 for each of fiscal years 2004 through 2006,
to carry out this subchapter, not more than $200,000 per year of which
may be used for administrative costs.''.
(b) Conforming Amendment.--The chapter analysis for chapter 417 of
such title is amended by inserting after the item relating to section
41767 the following:
``subchapter iv--marketing incentive program
``41781. Purpose.
``41782. Marketing program.
``41783. State marketing assistance.
``41784. Definitions.
``41785. Authorization of appropriations.''.
SEC. 353. PILOT PROGRAMS.
(a) In General.--Subchapter II of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41745. Other pilot programs
``(a) In General.--If the entire amount authorized to be
appropriated to the Secretary of Transportation by section 41785 is
appropriated for fiscal years 2004 through 2007, the Secretary of
Transportation shall establish pilot programs that meet the
requirements of this section for improving service to communities
receiving essential air service assistance under this subchapter or
consortia of such communities.
``(b) Programs Authorized.--
``(1) Community flexibility.--The Secretary shall establish
a pilot program for not more than 10 communities or consortia
of communities under which the airport sponsor of an airport
serving the community or consortium may elect to forego any
essential air service assistance under preceding sections of
this subchapter for a 10-year period in exchange for a grant
from the Secretary equal in value to twice the annual essential
air service assistance received for the most recently ended
calendar year. Under the program, and notwithstanding any
provision of law to the contrary, the Secretary shall make a
grant to each participating sponsor for use by the recipient
for any project that--
``(A) is eligible for assistance under chapter 471;
``(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.
``(2) Equipment changes.--
``(A) In general.--The Secretary shall establish a
pilot program for not more than 10 communities or
consortia of communities under which, upon receiving a
petition from the sponsor of the airport serving the
community or consortium, the Secretary shall authorize
and request the essential air service provider for that
community or consortium to use smaller equipment to
provide the service and to consider increasing the
frequency of service using such smaller equipment.
Before granting any such petition, the Secretary shall
determine that passenger safety would not be
compromised by the use of such smaller equipment. Any
community that participates in a pilot program under
this subparagraph is deemed to have waived the minimum
service requirements under section 41732(b) for
purposes of its participation in that pilot program.
``(B) Alternative services.--For any 3 aiport
sponsors participating in the program established under
subparagraph (A), the Secretary may establish a pilot
program under which--
``(i) the Secretary provides 100 percent
Federal funding for reasonable levels of
alternative transportation services from the
eligible place to the nearest hub airport or
small hub airport;
``(ii) the Secretary will authorize the
sponsor to use its essential air service
subsidy funds provided under preceding sections
of this subchapter for any airport-related
project that would improve airport facilities;
and
``(iii) the sponsor may make an irrevocable
election to terminate its participation in the
pilot program established under this paragraph
after 1 year.
``(3) Cost-sharing.--The Secretary shall establish a pilot
program under which the sponsors of airports serving a
community or consortium of communities share the cost of
providing air transportation service greater than the basic
essential air service provided under this subchapter.
``(c) Code-Sharing.--Under the pilot program established under
subsection (a), the Secretary is authorized to require air carriers
providing service to participating communities and major air carriers
(as defined in section 41716(a)(2)) serving large hub airports (as
defined in section 41731(a)(3)) to 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. The Secretary
may not require air carriers to participate in such arrangements under
this subsection for more than 10 such communities.
``(d) Tracking Service.--The Secretary shall require carriers
providing subsidy for service under section 41733 to track changes in
services, including on-time arrivals and departures, on such subsidized
routes, and to report such information to the Secretary on a semi-
annual basis in such form as the Secretary may require.
``(e) Administrative Provisions.--In order to participate in a
pilot program established under this section, the airport sponsor for a
community or consortium of communities shall submit an application to
the Secretary in such form, at such time, and containing such
information as the Secretary may require.''.
(b) Conforming Amendment.--The chapter analysis for chapter 417 of
such title is amended by inserting after the item relating to section
41744 the following:
``41745. Other pilot programs.''.
SEC. 354. EAS PROGRAM AUTHORITY CHANGES.
(a) Rate Renegotiation.--If the Secretary of Transportation
determines that essential air service providers are experiencing
significantly increased costs of providing service under subchapter II
of chapter 417 of title 49, United States Code, the Secretary of
Transportation may increase the rates of compensation payable under
that subchapter within 30 days after the date of enactment of this Act
without regard to any agreements or requirements relating to the
renegotiation of contracts. For purposes of this subsection, the term
``significantly increased costs'' means an average annual total unit
cost increase (but not increases in individual unit costs) of 10
percent or more in relation to the unit rates used to construct the
subsidy rate, based on the carrier's internal audit of its financial
statements.
(b) Returned Funds.--Notwithstanding any provision of law to the
contrary, any funds made available under subchapter II of chapter 417
of title 49, United States Code, that are returned to the Secretary by
an airport sponsor because of decreased subsidy needs for essential air
service under that subchapter shall remain available to the Secretary
and may be used by the Secretary under that subchapter to increase the
frequency of flights at that airport.
(c) Small Community Air Service Development Pilot Program.--Section
41743(h) of such title is amended by striking ``an airport'' and
inserting ``each airport''.
SEC. 355. ONE-YEAR EXTENSION OF EAS ELIGIBILITY FOR COMMUNITIES
TERMINATED IN 2003 DUE TO DECREASED AIR TRAVEL.
Notwithstanding the rate of subsidy limitation in section 332 of
the Department of Transportation and Related Agencies Appropriations
Act, 2000, the Secretary of Transportation may not terminate an
essential air service subsidy provided under chapter 417 of title 49,
United States Code, before the end of calendar year 2004 for air
service to a community--
(1) whose calendar year ridership for 2000 was sufficient
to keep the per passenger subsidy below that limitation; and
(2) that has received notice that its subsidy will be
terminated during calendar year 2003 because decreased
ridership has caused the subsidy to exceed that limitation.
Subtitle C--Financial Improvement Effort and Executive Compensation
Report
SEC. 371. GAO REPORT ON AIRLINES ACTIONS TO IMPROVE FINANCES AND ON
EXECUTIVE COMPENSATION.
(a) Finding.--The 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, the Congress needs more frequent information and
independently verified information about the financial condition of
these airlines.
(b) Semiannual Reports.--The Comptroller General shall prepare a
semiannual report to the Congress--
(1) analyzing measures being taken by air carriers engaged
in air transportation and intrastate air transportation (as
such terms are used in subtitle VII of title 49, United States
Code) to reduce costs and to improve their earnings and profits
and balance sheets; and
(2) stating--
(A) the total compensation (as defined in section
104(b) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note)) paid by the
air carrier to each officer or employee of that air
carrier to whom that section applies for the period to
which the report relates; and
(B) the terms and value (determined on the basis of
the closing price of the stock on the last business day
of the period to which the report relates) of any stock
options awarded to such officer during that period.
(c) GAO authority.--In order to compile the reports 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 reports. The Comptroller General shall submit
with each such 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 compilation of reports required by subsection (c) to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
TITLE IV--AVIATION SECURITY
SEC. 401. STUDY OF EFFECTIVENESS OF TRANSPORTATION SECURITY SYSTEM.
(a) In General.--The Secretary of Homeland Security, in
consultation with representatives of the airport 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.
SEC. 402. AVIATION SECURITY CAPITAL FUND.
(a) In General.--There may be established within the Department of
Homeland Security a fund to be known as the Aviation Security Capital
Fund. There are authorized to be appropriated to the Fund up to
$500,000,000 for each of the fiscal years 2004 through 2007, such
amounts to be derived from fees received under section 44940 of title
49, United States Code. Amounts in the fund shall be allocated in such
a manner that---
(1) 40 percent shall be made available for hub airports;-
(2) 20 percent shall be made available for medium hub
airports;-
(3) 15 percent shall be made available for small hub
airports and nonhub airports; and-
(4) 25 percent may be distributed at the Secretary's
discretion.
(b) Purpose.--Amounts in the Fund shall be available to the
Secretary of Homeland Security to provide financial assistance to
airport sponsors to defray capital investment in transportation
security at airport facilities in accordance with the provisions of
this section. The program shall be administered in concert with the
airport improvement program under chapter 417 of title 49, United
States Code.
(c) Apportionment.--Amounts made available under subsection (a)(1),
(a)(2), or (a)(3) shall be apportioned among the airports in each
category in accordance with a formula based on the ratio that passenger
enplanements at each airport in the category bears to the total
passenger enplanements at all airports in that category.
(d) Letters of Intent.--The Secretary of Homeland Security, or his
delegate, may execute letters of intent to commit funding to airport
sponsors from the Fund.
(e) Conforming Amendment.--Section 44940(a)(1) of title 49, United
States Code, is amended by adding at the end the following:
``(H) The costs of security-related capital
improvements at airports.''.
(f) Definitions.--Any term used in this section that is defined or
used in chapter 417 of title 49, United States Code, has the meaning
given that term in that chapter.
SEC. 403. TECHNICAL AMENDMENTS RELATED TO SECURITY-RELATED AIRPORT
DEVELOPMENT.
(a) Definition of Airport Development.--Section 47102(3)(B) is
amended--
(1) by inserting ``and'' after the semicolon in clause
(viii);
(2) by striking ``circular; and'' in clause (ix) and
inserting ``circular.''; and
(3) by striking clause (x).
(b) Improvement of Facilities and Equipment.--Section 308(a) of the
Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 44901 note) is
amended by striking ``travel.'' and inserting ``travel if the
improvements or equipment will be owned and operated by the airport.''.
SEC. 404. ARMED FORCES CHARTERS.
Section 132 of the Aviation and Transportation Security Act (49
U.S.C. 44903 note) is amended by adding at the end the following:
``(c) Exemption for Armed Forces Charters.--
``(1) In general.--Subsections (a) and (b) of this section,
and chapter 449 of title 49, United States Code, do not apply
to passengers and property carried by aircraft when employed to
provide charter transportation to members of the armed forces.
``(2) In general.--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) of
title 49, United States Code.
``(3) Armed forces defined.--In this subsection, the term
`armed forces' has the meaning given that term by section
101(a)(4) of title 10, United States Code.''.
SEC. 405. ARMING CARGO PILOTS AGAINST TERRORISM.
(a) Short Title.--This section may be cited as the ``Arming Cargo
Pilots Against Terrorism Act''.
(b) Findings.--Congress makes the following findings:
(1) During the 107th Congress, both the Senate and the
House of Representatives overwhelmingly passed measures that
would have armed pilots of cargo aircraft.
(2) Cargo aircraft do not have Federal air marshals,
trained cabin crew, or determined passengers to subdue
terrorists.
(3) Cockpit doors on cargo aircraft, if present at all,
largely do not meet the security standards required for
commercial passenger aircraft.
(4) Cargo aircraft vary in size and many are larger and
carry larger amounts of fuel than the aircraft hijacked on
September 11, 2001.
(5) Aircraft cargo frequently contains hazardous material
and can contain deadly biological and chemical agents and
quantities of agents that cause communicable diseases.
(6) Approximately 12,000 of the nation's 90,000 commercial
pilots serve as pilots and flight engineers on cargo aircraft.
(7) There are approximately 2,000 cargo flights per day in
the United States, many of which are loaded with fuel for
outbound international travel or are inbound from foreign
airports not secured by the Transportation Security
Administration.
(8) Aircraft transporting cargo pose a serious risk as
potential terrorist targets that could be used as weapons of
mass destruction.
(9) Pilots of cargo aircraft deserve the same ability to
protect themselves and the aircraft they pilot as other
commercial airline pilots.
(10) Permitting pilots of cargo aircraft to carry firearms
creates an important last line of defense against a terrorist
effort to commandeer a cargo aircraft.
(c) 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
and 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.
(d) Arming Cargo Pilots Against Terrorism.--Section 44921 of title
49, United States Code, is amended--
(1) in subsection (a), by striking ``passenger'' each place
that it appears; and
(2) in subsection (k)--
(A) in paragraph (2)--
(i) by striking ``or,'' and all that
follows; and
(ii) by inserting ``or any other flight
deck crew member.''; and
(B) by adding at the end the following new
paragraph:
``(3) All-cargo air transportation.--For the purposes of
this section, the term air transportation includes all-cargo
air transportation.''.
(e) Time for Implementation.--The training of pilots as Federal
flight deck officers required in the amendments made by subsection (d)
shall begin as soon as practicable and no later than 90 days after the
date of enactment of this Act.
(f) 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. 406. GENERAL AVIATION AND AIR CHARTERS.
Section 132(a) of the Aviation and Transportation Security Act (49
U.S.C. 44944 note) is amended by striking ``12,500 pounds or more'' and
inserting ``more than 12,500 pounds''.
SEC. 407. 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, not later
than 60 days after the date of establishing the ADIZ, 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 of the
need for the ADIZ. The Administrator shall provide the Committees an
updated report every 60 days until the establishment of 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) 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 30
days after the date of enactment of this Act.
(c) Reporting Requirements.--If a report required under subsection
(a) or (b) indicates that the ADIZ is to be continued, the
Administrator shall outline changes in procedures and requirements to
improve operational efficiency and minimize the operational impacts of
the ADIZ on pilots and air traffic controllers.
(d) Definition.--In this section, the terms ``Air Defense
Identification Zone'' and ``ADIZ'' 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. 408. 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 CAPPS II, 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. 409. 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. 410. FOREIGN REPAIR STATION SAFETY AND SECURITY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Domestic repair station.--The term ``domestic repair
station'' means a repair station or shop that--
(A) is described in section 44707(2) of title 49,
United States Code; and
(B) is located in the United States.
(3) Foreign repair station.--The term ``foreign repair
station'' means a repair station or shop that--
(A) is described in section 44707(2) of title 49,
United States Code; and
(B) is located outside of the United States.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.
(b) Applicability of Standards.--Within 180 days after the date of
enactment of this Act, the Administrator shall issue regulations to
ensure that foreign repair stations meet the same level of safety
required of domestic repair stations.
(c) Specific Standards.--In carrying out subsection (b), the
Administrator shall, at a minimum, specifically ensure that foreign
repair stations, as a condition of being certified to work on United
States registered aircraft--
(1) institute a program of drug and alcohol testing of its
employees working on United States registered aircraft and that
such a program provides an equivalent level of safety achieved
by the drug and alcohol testing requirements that workers are
subject to at domestic repair stations;
(2) agree to be subject to the same type and level of
inspection by the Federal Aviation Administration as domestic
repair stations and that such inspections occur without prior
notice to the country in which the station is located; and
(3) follow the security procedures established under
subsection (d).
(d) Security Audits.--
(1) In general.--To ensure the security of maintenance and
repair work conducted on United States aircraft and components
at foreign repair stations, the Under Secretary, in
consultation with the Administrator, shall complete a security
review and audit of foreign repair stations certified by the
Administrator under part 145 of title 14, Code of Federal
Regulations. The review shall be completed not later than 180
days after the date on which the Under Secretary issues
regulations under paragraph (6).
(2) 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 paragraph (1) within 90 days of providing
notice to the repair station of the security issues and
vulnerabilities identified.
(3) Suspensions and revocations of certificates.--
(A) Failure to carry out effective security
measures.--If the Under Secretary determines as a
result of a security audit that a foreign repair
station does not maintain and carry out effective
security measures or if a foreign repair station does
not address the security issues and vulnerabilities as
required under subsection (d)(2), 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 has addressed the security issues
identified in the audit, and transmits the
determination to the Administrator.
(B) 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.
(4) Failure to meet audit deadline.--If the security audits
required by paragraph (1) are not completed on or before the
date that is 180 days after the date on which the Under
Secretary issues regulations under paragraph (6), the
Administrator may not certify, or renew the certification of,
any foreign repair station until such audits are completed.
(5) Priority for audits.--In conducting the audits
described in paragraph (1), the Under Secretary and the
Administrator shall give priority to foreign repair stations
located in countries identified by the United States Government
as posing the most significant security risks.
(6) Regulations.--Not later than 180 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 repair stations. If final
regulations are not issued within 180 days of the date of
enactment of this Act, the Administrator may not certify, or
renew the certification of, any foreign repair station until
such regulations have been issued.
TITLE V--MISCELLANEOUS
SEC. 501. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 44310 is amended by striking ``2004.'' and inserting
``2006.''.
SEC. 502. 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 facilities and
equipment.
``(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 of this title.
``(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) of this title to carry out this program.
``(e) Definitions.--In this section:
``(1) Eligible project.--The term `eligible project' means
a project relating to the Nation's air traffic control system
that is certified or approved by the Administrator 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, lighting improvements, and control
towers;
``(B) automation tools to effect improvements in
airport capacity, including passive final approach
spacing tools and traffic management advisory
equipment; and
``(C) facilities and equipment that enhance
airspace control procedures, including consolidation of
terminal radar control facilities and equipment, 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 of the Federal Aviation
Administration, project sponsors 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, which shall not be
subject to administrative rulemaking requirements under subchapter II
of chapter 5 of title 5.''.
(b) Conforming Amendment.--The chapter analyses for chapter 445 is
amended by adding at the end the following:
``44517. Program to permit cost-sharing of air traffic modernization
projects.''.
SEC. 503. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS VIOLATIONS.
Section 44726(a)(1) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(A);
(2) by redesignating subparagraph (B) as subparagraph (D);
(3) by inserting after subparagraph (A) the following:
``(B) who knowingly, and with intent to defraud,
carried out or facilitated an activity punishable under
a law described in subparagraph (A);
``(C) whose certificate is revoked under subsection
(b) of this section; or''; and
(4) by striking ``convicted of such a violation.'' in
subparagraph (D), as redesignated, and inserting ``described in
subparagraph (A), (B) or (C).''.
SEC. 504. CLARIFICATIONS TO PROCUREMENT AUTHORITY.
(a) Update and Clarification of Authority.--
(1) Section 40110(c) is amended to read as follows:
``(c) Duties and Powers.--When carrying out subsection (a) of this
section, the Administrator of the Federal Aviation Administration may--
``(1) notwithstanding section 1341(a)(1) of title 31, lease
an interest in property for not more than 20 years;
``(2) consider the reasonable probable future use of the
underlying land in making an award for a condemnation of an
interest in airspace; and
``(3) dispose of property under subsection (a)(2) of this
section, except for airport and airway property and technical
equipment used for the special purposes of the Administration,
only under subchapter III of chapter 5 of title 40, United
States Code.''.
(2) Section 40110(d)(1) is amended by striking ``implement,
not later than January 1, 1996,'' and inserting ``implement''.
(b) Clarification.--Section 106(f)(2)(A)(ii) is amended by striking
``property'' and inserting ``property, services,''.
SEC. 505. JUDICIAL REVIEW.
Section 46110(c) is amended by adding at the end the following:
``Except as otherwise provided in this subtitle, judicial review of an
order issued, in whole or in part, pursuant to this part, part B of
this subtitle , or subsection (l) or (s) of section 114 of this title,
shall be in accordance with the provisions of this section.''.
SEC. 506. 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'';
(2) by striking ``or'' the last time 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; and
(5) by striking ``paragraphs (1) and (2)'' in paragraph
(4), as redesignated, and inserting ``paragraph (1)''.
(b) Increase in Limit on Administrative Authority and Civil
Penalty.--Section 46301(d) is amended--
(1) by striking ``$50,000;'' in paragraph (4)(A) by
inserting ``$50,000, if the violation occurred before the date
of enactment of the Aviation Authorization Act of 2003, or
$1,000,000, if the violation occurred on or after that date;'';
and
(2) by striking ``$50,000.'' in paragraph (8) and inserting
``$50,000, if the violation occurred before the date of
enactment of the Aviation Authorization Act of 2003, or
$1,000,000, if the violation occurred on or after that date.''.
SEC. 507. MISCELLANEOUS AMENDMENTS.
(a) Amounts Subject to Apportionment Under Chapter 471.--
(1) In general.--Section 47102 is amended--
(A) by striking paragraph (6) and inserting the
following:
``(6) `amount newly made available' means the amount newly
made available under section 48103 of this title as an
authorization for grant obligations for a fiscal year, as that
amount may be limited in that year by a provision in an
appropriations Act, but as determined without regard to grant
obligation recoveries made in that year or amounts covered by
section 47107(f).''; and
(B) by redesignating paragraphs (7) through (20) as
paragraphs (8) through (21), and inserting after
paragraph (6) the following:
``(7) `amount subject to apportionment' means the amount
newly made available, less the amount made available for the
fiscal year for administrative expenses under section 48105.''.
(2) Conforming Amendments.--
(A) Section 41742(b) is amended by striking
``Notwithstanding section 47114(g) of this title, any''
and inserting ``Any''.
(B) Section 47104(b) is amended to read as follows:
``(b) Incurring Obligations.--The Secretary may incur obligations
to make grants from the amount subject to apportionment as soon as the
apportionments required by sections 47114(c) and (d)(2) of this title
have been issued.''.
(C) Section 47107(f)(3) is amended by striking
``made available to the Secretary under section 48103
of this title and'' and inserting ``subject to
apportionment, and is''.
(D) Section 47114 is amended--
(i) by striking subsection (a);
(ii) by striking ``apportionment for that
fiscal year'' in subsection (b) and inserting
``apportionment'';
(iii) by striking ``total amount made
available under section 48103'' in subsections
(c)(2)(C), (d)(3), and (e)(4) and inserting
``amount subject to apportionment'';
(iv) by striking ``each fiscal year'' in
subsection (c)(2)(A); and
(v) by striking ``for each fiscal year'' in
subsection (d)(2).
(E) Subsection 47116(b) is amended by striking
``amounts are made available under section 48103 of
this title'' and inserting ``an amount is subject to
apportionment''.
(F) Section 47117 is amended--
(i) by striking ``amounts are made
available under section 48103 of this title.''
in subsection (a) and inserting ``an amount is
subject to apportionment.'';
(ii) by striking ``a sufficient amount is
made available under section 48103.'' in
subsection (f)(2)(A) and inserting ``there is a
sufficient amount subject to apportionment.'';
(iii) in subsection (f)(2)(B), by inserting
``in'' before ``the succeeding'';
(iv) by striking ``Newly available'' in the
caption of subsection (f)(3) and inserting
``Restored'';
(v) by striking ``newly available under
section 48103 of this title,'' in subsection
(f)(3)(A) and inserting ``subject to
apportionment,'';
(vi) by striking ``made available under
section 48103 for such obligations for such
fiscal year.'' in subsection (f)(4) and
inserting ``subject to apportionment.''; and
(vii) by striking ``enacted after September
3, 1982,'' in subsection (g).
(b) Recovered Funds.--Section 47117 is amended by adding at the end
the following:
``(h) Crediting of Recovered Funds.--For the purpose of determining
compliance with a limitation on the amount of grant obligations that
may be incurred in a fiscal year imposed by an appropriations Act, an
amount that is recovered by canceling or reducing a grant obligation--
``(1) shall be treated as a negative obligation that is to
be netted against the gross obligation limitation, and
``(2) may permit the gross limitation to be exceeded by an
equal amount.''.
(c) 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. If a grant is provided, the United States
Government's share of the cost of the data collection shall be 100
percent.''.
(d) Statute of Limitations.--Section 47107(l)(5)(A) is amended by
inserting ``or any other governmental entity'' after ``sponsor''.
(e) Audit Certification.--Section 47107(m) is amended--
(1) by striking ``promulgate regulations that'' in
paragraph (1) and inserting ``include a provision in the
compliance supplement provisions to'';
(2) by striking ``and opinion of the review'' in paragraph
(1); and
(3) by striking paragraph (3).
(f) Noise Exposure Maps.--Section 47503(a) is amended by striking
``1985,'' and inserting ``a forecast year that is at least 5 years in
the future,''.
(g) Clarification of Applicability of PFCs to Military Charters.--
Section 40117(e)(2) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``passengers.'' in subparagraph (E) and
inserting ``passengers; and''; and
(3) by adding at the end 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 United States
Department of Defense.''.
SEC. 508. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to permit the use of
funds made available under subchapter 471 to encourage commercial
service airports in air quality nonattainment and maintenance areas to
undertake projects for gate electrification, acquisition or conversion
of airport vehicles and airport-owned ground support equipment to
acquire low-emission technology, low-emission technology fuel systems,
and other related air quality projects on a voluntary basis to improve
air quality and more aggressively address the constraints that
emissions can impose on future aviation growth. Use of those funds is
conditioned on airports receiving credits for emissions reductions that
can be used to mitigate the air quality effects of future airport
development. Making these projects eligible for funding in addition to
those projects that are already eligible under section 47102(3)(F) is
intended to support those projects that, at the time of execution, may
not be required by the Clean Air Act (42 U.S.C. 7501 et seq.), but may
be needed in the future.
(b) Activities Added to Definition of ``Airport Development''.--
Section 47102(3) is amended 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
175(A) 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 of this title. The Secretary, 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.
``(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 175(A) 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 of this title. The
Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall issue
guidance describing eligible low-emission vehicle
technology and stating how airport sponsors will
demonstrate benefits. For airport-owned vehicles and
equipment, the acquisition of which are not otherwise
eligible for assistance under this subchapter, the
incremental cost of equipping such vehicles or
equipment with low-emission technology shall be treated
as eligible for assistance.''.
(c) Low-emission Technology Defined.--Section 47102 is amended by
redesignating paragraphs (10) through (20), as paragraphs (11) through
(21) respectively, and inserting after paragraph (9) the following:
``(11) `low-emission technology' means technology for new
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.''.
(d) Emissions Credits.--
(1) In general.--Subchapter I of chapter 471, as amended by
section 206 of this Act, is further amended by adding at the
end the following:
``Sec. 47139. Emission credits for air quality projects
``(a) In General.--The Secretary and the Administrator of the
Environmental Protection Agency shall jointly agree on how to assure
that airport sponsors receive appropriate emission credits for projects
described in sections 40117(a)(3)(G), 47102(3)(K), or 47102(3)(L) of
this title. The agreement must, at a minimum, include provisions to
ensure that--
``(1) the credits will be consistent with the Clean Air Act
(42 U.S.C. 7402 et seq.);
``(2) credits generated by the emissions reductions in
criteria pollutants are kept by the airport sponsor and may be
used for purposes of any current or future general conformity
determination or as offsets under the New Source Review
program;
``(3) there is national consistency in the way credits are
calculated and are provided to airports;
``(4) credits are provided to airport sponsors in a timely
manner; and
``(5) there is a method by which the Secretary can be
assured that, for any specific project for which funding is
being requested, the appropriate credits will be granted.
``(b) Assurance of Receipt of Credits.--
``(1) In general.--As a condition for making a grant for a
project described in section 47102(3)(K), 47102(3)(L), or 47140
of this title, or as a condition for granting approval to
collect or use a passenger facility fee for a project described
in sections 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 47140
of this title, 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 subsection.
``(2) Credits for certain existing projects.--The Secretary
and the Administrator of the Environmental Protection Agency
shall jointly agree on how to provide emission credits to
projects previously approved under section 47136 of this title
during fiscal years 2001 through 2003, under terms consistent
with this section.''.
(2) Conforming amendment.--The chapter analysis for chapter
471 is amended by inserting after the item relating to section
47138 the following:
``47139. Emission credits for air quality projects.''.
(e) 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 subject to
apportionment to retrofit existing eligible airport ground support
equipment which 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 or maintenance area (as defined in sections 171(2) and
175(A) of the Clean Air Act (42 U.S.C. 7501(2), 7505a)).
``(c) Selection Criteria.--In selecting 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 this
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.--For purposes of this section,
the term `eligible equipment' means ground service or maintenance
equipment that--
``(1) is located at the airport;
``(2) used to support aeronautical and related activities
on the airport; and
``(3) will remain in operation at the airport.''.
(2) Conforming amendment.--The chapter analysis for chapter
471 is further amended by inserting after the item relating to
section 47139 the following:
``47140. Airport ground support equipment emissions retrofit pilot
program.''.
SEC. 509. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT EQUIPMENT.
Section 40117(a)(3) is amended by inserting at the end the
following:
``(G) A project for the acquisition or conversion
of ground support equipment or airport-owned vehicles
used at a commercial service airport with, or to, low-
emission technology or cleaner burning conventional
fuels, or the retrofitting of such equipment or
vehicles that are powered by a diesel or gasoline
engine with emission control technologies certified or
verified by the Environmental Protection Agency to
reduce emissions, if the airport is located in an air
quality nonattainment or maintenance area (as defined
in sections 171(2) and 175(A) 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 of this title. The
Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall issue
guidance for eligible projects and for how benefits
must be demonstrated. The eligible cost is limited to
the incremental amount that exceeds the cost of
acquiring other vehicles or equipment that are not low-
emission and would be used for the same purpose, or to
the cost of low-emission retrofitting. For purposes of
this paragraph, the term ``ground support equipment''
means service and maintenance equipment used at an
airport to support aeronautical operations and related
activities.''.
SEC. 510. PACIFIC EMERGENCY DIVERSION AIRPORT.
(a) In General.--The Secretary of Transportation shall enter into a
memorandum of understanding with the Secretaries of Defense, the
Interior, and Homeland Security to facilitate the sale of aircraft fuel
on Midway Island, so that the revenue from the fuel sales can be used
to operate Midway Island Airport in accordance with Federal Aviation
Administration airport standards. The memorandum shall also address the
long term potential for promoting tourism as a means of generating
revenue to operate the airport.
(b) Navigational Aids.--The Administrator of the Federal Aviation
Administration may support and be responsible for maintaining all
aviation-related navigational aids at Midway Island Airport.
SEC. 511. GULF OF MEXICO AVIATION SERVICE IMPROVEMENTS.
(a) In General.--The Secretary of Transportation may develop and
carry out a program designed to expand and improve the safety,
efficiency, and security of--
(1) air traffic control services provided to aviation in
the Gulf of Mexico area; and
(2) aviation-related navigational, low altitude
communications and surveillance, and weather services in that
area.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out this section for the 4 fiscal year period
beginning with fiscal year 2004.
SEC. 512. AIR TRAFFIC CONTROL COLLEGIATE TRAINING INITIATIVE.
The Secretary of Transportation may use, from funds available to
the Secretary and not otherwise obligated or expended, such sums as may
be necessary to carry out and expand the Air Traffic Control Collegiate
Training Initiative.
SEC. 513. 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 an action plan, with an
implementation schedule--
(1) to provide adequate oversight of repair stations (known
as Part 145 repair stations) and ensure that Administration-
approved repair stations outside the United States are subject
to the same level of oversight and quality control as those
located in the United States; and
(2) 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)(2) shall set forth the action the Administration
will take under the plan--
(1) to develop specific, clear, and meaningful inspection
checklists for the use of 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.
SEC. 514. NATIONAL SMALL COMMUNITY AIR SERVICE DEVELOPMENT OMBUDSMAN.
(a) In General.--Subchapter II of chapter 417, as amended by
section 353 of this Act, is amended by adding at the end the following:
``Sec. 41746. National Small Community Air Service Development
Ombudsman
``(a) Establishment.--There is established in the Department of
Transportation the position of National Small Community Air Service
Ombudsman (in this section referred to as the `Ombudsman'). The
Secretary of Transportation shall appoint the Ombudsman. The Ombudsman
shall report to the Secretary.
``(b) Purpose.--The Ombudsman, in consultation with officials from
small communities in the United States, State aviation agencies, and
State and local economic development agencies, shall develop strategies
for retaining and enhancing the air service provided to small
communities in the United States.
``(c) Outreach.--The Ombudsman shall solicit and receive comments
from small communities regarding strategies for retaining and enhancing
air service, and shall act as a liaison between the communities and
Federal agencies for the purpose of developing such strategies.''
(b) Conforming Amendment.--The chapter analysis for chapter 417 is
amended by inserting after the item relating to section 47145 the
following:
``47146. National small community air service development ombudsman.''.
SEC. 515. 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 an FAA-
designated small-hub airport; 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 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, 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, 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 of Transportation $250,000 to be used to
fund the Commission.
SEC. 516. TRAINING CERTIFICATION FOR CABIN CREW.
Section 44935 is amended by adding at the end the following:
``(g) Training Standards for Cabin Crew.--
``(1) In general.--The Administrator shall establish
standards for cabin crew training, consistent with the Homeland
Security Act of 2002, and the issuance of certification. The
Administrator shall require cabin crew members to complete a
cabin crew training courses approved by the Federal Aviation
Administration and the Transportation Security Administration.
``(2) Certification.--
``(A) In general.--The Administrator shall provide
for the issuance of an appropriate certificate to each
individual who successfully completes such a course.
``(B) Contents.--The cabin crew certificate shall--
``(i) be numbered and recorded by the
Administrator of the Federal Aviation
Administration;
``(ii) contain the name, address, and
description of the individual to whom the
certificate is issued; and
``(iii) contain the name of the current air
carrier employer of the certificate holder;
``(iv) contain terms the Administrator
determines are necessary to ensure safety in
air commerce, including terms that the
certificate shall remain valid unless the
Administrator suspends or revokes the
certificate; and
``(v) designate the type and model of
aircraft on which the certificate holder cabin
crew member has successfully completed all
Federal Aviation Administration and
Transportation Security Administration required
training in order to be assigned duties on
board such type and model of aircraft.
``(3) Cabin crew defined.--In this subsection, the term
`cabin crew' means individuals working in an aircraft cabin on
board a transport category aircraft with 20 or more seats.''.
SEC. 517. AIRCRAFT MANUFACTURER INSURANCE.
(a) In General.--Section 44302(f) is amended by adding at the end
the following:
``(3) Aircraft manufacturers.--The Secretary may offer to
provide war and terrorism insurance to aircraft manufacturers
for loss or damage arising from the operation of an aircraft by
an air carrier, in excess of $50,000,000 in the aggregate or in
excess of such other amounts of available primary insurance, on
such terms and conditions as the Secretary may prescribe.''.
(b) Conforming Amendments.--
(1) Definition of aircraft manufacturer.--Section 44301 is
amended by adding at the end the following:
``(3) `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.''.
(2) Coverage.--Section 44303(a) is amended by adding at the
end the following:
``(6) war and terrorism losses or damages of an aircraft
manufacturer arising from the operation of an aircraft by an
air carrier.''.
SEC. 518. GROUND-BASED PRECISION NAVIGATIONAL AIDS.
(a) In General.--The Secretary of Transportation may establish a
program for the installation, operation, and maintenance of ground-
based precision navigational aids for terrain-challenged airports. The
program shall include provision for--
(1) preventative and corrective maintenance for the life of
each system of such aids; and
(2) requisite staffing and resources for the Federal
Aviation Administration's efficient maintenance of the program.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation to carry out the
program established under subsection (a) such sums as may be necessary.
SEC. 519. STANDBY POWER EFFICIENCY PROGRAM.
(a) Establishment.--The Secretary of Transportation, in cooperation
with the Secretary of Energy and, where applicable, the Secretary of
Defense, may 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.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary for each of fiscal years 2004 through 2008 to carry out the
provisions of this section.
SEC. 520. CERTAIN INTERIM AND FINAL RULES.
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, as amended by section
119(d) of that Act, is deemed to apply to, and to have been in effect
with respect to, the authority of the Administrator of the Federal
Aviation Administration with respect to the Interim Final Rule and
Final Rule issued by the Administrator on May 30, 2000, and August 13,
2001, respectively.
SEC. 521. AIR FARES FOR MEMBERS OF ARMED FORCES.
It is the sense of the Senate that each United States air carrier
should--
(1) make every effort to allow active duty members of the
Armed Forces to purchase tickets, on a space-available basis,
for the lowest fares offered for the flights desired, without
regard to advance purchase requirements and other restrictions;
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, or penalties.
SEC. 522. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO OPERATE
AIRCRAFT.
(a) In General.--Section 44939 of title 49, United States Code, is
amended to read as follows:
``Sec. 44939. Training to operate certain aircraft
``(a) In General.--
``(1) Waiting period.--A person subject to regulation under
this part may provide training in the United States in the
operation of an aircraft to an individual who is 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 Under Secretary of Homeland Security for Border and
Transportation Security only if--
``(A) that person has notified the Under Secretary
that the individual has requested such training and
furnished the Under Secretary with that individual's
identification in such form as the Under Secretary may
require; and
``(B) the Under Secretary has not directed, within
30 days after being notified under subparagraph (A),
that person not to provide the requested training
because the Under Secretary has determined that the
individual presents a risk to aviation security or
national security.
``(2) Notification-only individuals.--
``(A) In general.--The requirements of paragraph
(1) shall not apply to an alien individual who holds a
visa issued under title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and who--
``(i) has earned a Federal Aviation
Administration type rating in an aircraft or
has undergone type-specific training, or
``(ii) holds a current pilot's license or
foreign equivalent commercial pilot's license
that permits the person to fly an aircraft with
a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the
International Civil Aviation Organization in
Annex 1 to the Convention on International
Civil Aviation,
if the person providing the training has notified the
Under Secretary that the individual has requested such
training and furnished the Under Secretary with that
individual's visa information.
``(B) Exception.--Subparagraph (A) does not apply
to an alien individual whose airman's certificate has
been suspended or revoked under procedures established
by the Under Secretary.
``(3) Expedited processing.--The waiting period under
paragraph (1) shall be expedited for an individual who--
``(A) has previously undergone a background records
check by the Foreign Terrorist Tracking Task Force;
``(B) is employed by a foreign air carrier
certified under part 129 of title 49, Code of Federal
Regulations, that has a TSA 1546 approved security
program and who is undergoing recurrent flight
training;
``(C) is a foreign military pilot endorsed by the
United States Department of Defense for flight
training; or
``(D) who has unescorted access to a secured area
of an airport designated under section
44936(a)(1)(A)(ii).
``(4) Investigation authority.--In order to determine
whether an individual requesting training described in
paragraph (1) presents a risk to aviation security or national
security the Under Secretary is authorized to use the
employment investigation authority provided by section
44936(a)(1)(A) for individuals applying for a position in which
the individual has unescorted access to a secured area of an
airport designated under section 44936(a)(1)(A)(ii).
``(5) Fee.--
``(A) In general.--The Under Secretary 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 Under Secretary
may adjust the maximum amount of the fee to reflect the
costs of such an investigation.
``(B) Offset.--Notwithstanding section 3302 of
title 31, United States Code, any fee collected under
this section--
``(i) shall be credited to the account in
the Treasury from which the expenses were
incurred and shall be available to the Under
Secretary for those expenses; and
``(ii) shall remain available until
expended.
``(b) Interruption of Training.--If the Under Secretary, more than
30 days after receiving notification under subsection (a)(1)(A) from a
person providing training described in subsection (a)(1) or at any time
after receiving notice from such a person under subsection (a)(2)(A),
determines that an individual receiving such training presents a risk
to aviation or national security, the Under Secretary shall immediately
notify the person providing the training of the determination and that
person shall immediately terminate the training.
``(c) Covered Training.--For purposes of subsection (a), the term -
`training'--
``(1) includes in-flight training, training in a simulator,
and any other form or aspect of training; but
``(2) does not include classroom instruction (also known as
ground school training), which may be provided during the 30-
day period described in subsection (a)(1)(B).
``(d) Interagency Cooperation.--The Attorney General, the Director
of Central Intelligence, and the Administrator of the Federal Aviation
Administration shall cooperate with the Under Secretary in implementing
this section.
``(e) Security Awareness Training for Employees.--The Under
Secretary shall require flight schools to conduct a security awareness
program for flight school employees, and for certified instructors who
provide instruction for the flight school but who are not employees
thereof, 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 Under Secretary of Homeland Security
for Border and Transportation 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
Under Secretary requires fingerprints in the administration of
that section, and shall transmit the fingerprints to the Under
Secretary or other agency designated by the Under Secretary.
The Attorney General and the Secretary of State shall cooperate
with the Under Secretary in carrying out this paragraph.
(3) Use of united states facilities.--If the Under
Secretary requires fingerprinting in the administration of
section 44939 of title 49, United States Code, the Under
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. 523. EXEMPTION FOR JACKSON HOLE AIRPORT.
(a) In General.--Notwithstanding chapter 475 of title 49, United
States Code, or any other provision of law, if the Board of the Jackson
Hole Airport in Wyoming and the Secretary of the Interior agree that
Stage 3 aircraft technology represents a prudent and feasible
technological advance which, if implemented at the Jackson Hole
Airport, will result in a reduction in noise at Grand Teton National
Park--
(1) the Jackson Hole Airport may impose restrictions on, or
prohibit, the operation of Stage 2 aircraft weighing less than
75,000 pounds, with reasonable exemptions for public health and
safety;
(2) the notice, study, and comment provisions of subchapter
II of chapter 475 of title 49, United States Code, and part 161
of title 14, Code of Federal Regulations, shall not apply to
the imposition of the restrictions;
(3) the imposition of the restrictions shall not affect the
Airport's eligibility to receive a grant under title 49, United
States Code; and
(4) the restrictions shall not be deemed to be
unreasonable, discriminatory, a violation of the assurances
required by section 47107(a) of title 49, United States Code,
or an undue burden on interstate commerce.
(b) 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. 524. DISTANCE REQUIREMENT APPLICABLE TO ELIGIBILITY FOR ESSENTIAL
AIR SERVICE SUBSIDIES.
(a) Measurement of Highway Mileage for Purposes of Determining
Eligibility for Essential Air Service Subsidies.--
(1) Determination of eligibility.--Subchapter II of Chapter
417 of title 49, United States Code, is amended by adding at
the end the following new section:
``Sec. 41746. Distance requirement applicable to eligibility for
essential air service subsidies
``(a) In General.--The Secretary shall not provide assistance under
this subchapter with respect to a place in the 48 contiguous States
that--
``(1) is less than 70 highway miles from the nearest hub
airport; or
``(2) requires a rate of subsidy per passenger in excess of
$200, unless such place is greater than 210 highway miles from
the nearest hub airport.
``(b) Determination of Mileage.--For purposes of Lancaster,
Pennsylvania, the highway mileage between a place and the nearest hub
airport is the highway mileage of the most commonly used route between
the place and the hub airport. In identifying such route, the Secretary
shall--
``(1) promulgate by regulation a standard for calculating
the mileage between Lancaster, Pennsylvania and a hub airport;
and
``(2) identify the most commonly used route for a community
by--
``(A) consulting with the Governor of a State or
the Governor's designee; and
``(B) considering the certification of the Governor
of a State or the Governor's designee as to the most
commonly used route.''.
(2) Conforming amendment.--The analysis for subchapter II
of chapter 417 of title 49, United States Code, is amended by
inserting after the item relating to section 41745 the
following new item:
``41746. Distance requirement applicable to eligibility for
essential air service subsidies.''.
(b) Repeal.--The following provisions of law are repealed:
(1) Section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731
note).
(2) Section 205 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 41731 note).
(3) Section 334 of the Department of Transportation and
Related Agencies Appropriations Act, 1999 (section 101(g) of
division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999) (Public Law 105-277; 112
Stat. 2681-471).
(c) Secretarial Review.--
(1) Request for review.--Any community with respect to
which the Secretary has, between September 30, 1993, and the
date of the enactment of this Act, eliminated subsidies or
terminated subsidy eligibility under section 332 of the
Department of Transportation and Related Agencies
Appropriations Act, 2000 (49 U.S.C. 41731 note), section 205 of
the Wendell H. Ford Aviation Investment and Reform Act for the
21st Century (49 U.S.C. 41731 note), or any prior law of
similar effect, may request the Secretary to review such
action.
(2) Eligibility determination.--Not later than 60 days
after receiving a request under subsection (i), the Secretary
shall--
(A) determine whether the community would have been
subject to such elimination of subsidies or termination
of eligibility under the distance requirement enacted
by the amendment made by subsection (g) of this bill to
subchapter II of chapter 417 of title 49, United States
Code; and
(B) issue a final order with respect to the
eligibility of such community for essential air service
subsidies under subchapter II of chapter 417 of title
49, United States Code, as amended by this Act.
SEC. 525. 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 economic losses
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) Any other general aviation entity that is prevented
from doing business or operating by an action of the Federal
Government prohibiting access to airspace by that entity.
(b) Documentation.--Reimbursement under this section shall be made
in accordance with sworn financial statements or other appropriate data
submitted by each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the Secretary.
(c) General Aviation Entity Defined.--In this section, the term
``general aviation entity'' means any person (other than a scheduled
air carrier or foreign air carrier, as such terms are defined in
section 40102 of title 49, United States Code) that--
(1) operates nonmilitary aircraft under part 91 of title
14, Code of Federal Regulations, for the purpose of conducting
its primary business;
(2) provides services necessary for nonmilitary operations
under such part 91; or
(3) 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, persons engaged in
nonscheduled air taxi service or aircraft rental.
(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. 526. 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. 527. PASS-THROUGH OF REFUNDED PASSENGER SECURITY FEES TO CODE-
SHARE PARTNERS.
(a) In General.--Within 30 days after the date of enactment of this
Act, each United States flag air carrier that received a payment made
under the second proviso of first appropriation in title IV of the
Emergency Wartime Supplemental Appropriations Act, 2003 (Pub. L. 108-
011; 117 Stat. 604) shall transfer to each air carrier with which it
had a code-share arrangement during the period covered by the passenger
security fees remitted under that proviso an amount equal to that
portion of the remittance under the proviso that was attributable to
passenger security fees paid or collected by that code-share air
carrier and taken into account in determining the amount of the payment
to the United States flag air carrier.
(b) DOT Inspector General Oversight.--The Inspector General of the
Department of Transportation shall review the compliance of United
States flag air carriers with subsection (a), including determinations
of amounts, determinations of eligibility of code-share air carriers,
and transfers of funds to such air carriers under subsection (a).
(c) Certification.--The chief executive officer of each United
States flag air carrier to which subsection (a) applies shall certify
to the Under Secretary of Homeland Security for Border and
Transportation Security, under penalty of perjury, the air carrier's
compliance with subsection (a).
SEC. 528. AIR CARRIER CITIZENSHIP.
Section 40102(a)(15)(C) of title 49, United States Code, is amended
by inserting ``which is under the actual control of citizens of the
United States,'' before ``and in which''.
SEC. 529. UNITED STATES PRESENCE IN GLOBAL AIR CARGO INDUSTRY.
Section 41703 is amended by adding at the end the following new
subsection:
``(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.''.
TITLE VI--SECOND CENTURY OF FLIGHT
SEC. 601. FINDINGS.
The Congress finds the following:
(1) Since 1990, the United States has lost more than
600,000 aerospace jobs.
(2) Over the last year, approximately 100,000 airline
workers and aerospace workers have lost their jobs as a result
of the terrorist attacks in the United States on September 11,
2001, and the slowdown in the world economy.
(3) The United States has revolutionized the way people
travel, developing new technologies and aircraft to move people
more efficiently and more safely.
(4) Past Federal investment in aeronautics research and
development have benefited the economy and national security of
the United States and the quality of life of its citizens.
(5) The total impact of civil aviation on the United States
economy exceeds $900,000,000,000 annually--9 percent of the
gross national product--and 11 million 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 America's highly skilled,
technologically qualified work force.
(6) Aerospace technologies, products and services underpin
the advanced capabilities of our men and women in uniform and
those charged with homeland security.
(7) 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.
(8) The United States is in danger of losing its aerospace
leadership to international competitors aided by persistent
government intervention. Many governments take their funding
beyond basic technology development, choosing to fund product
development and often bring the product to market, even if the
products are not fully commercially viable. Moreover,
international competitors have recognized the importance of
noise, emission, fuel consumption, and constraints of the
aviation system and have established aggressive agendas for
addressing each of these concerns.
(9) Efforts by the European Union, through a variety of
means, will challenge the United States' leadership position in
aerospace. A recent report outlined the European Union's goal
of becoming the world's leader in aviation and aeronautics by
the end of 2020, utilizing better coordination among research
programs, planning, and funding to accomplish this goal.
(10) Revitalization and coordination of the United States'
efforts to maintain its leadership in aviation and aeronautics
are critical and must begin now.
(11) 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 America's
leadership and strength throughout the 21st century;
(B) Aerospace will play an integral role in our
economy, our security, and our mobility; and
(C) global leadership in aerospace is a national
imperative.
(12) Despite the downturn in the global economy, Federal
Aviation Administration projections indicate that upwards of 1
billion people will fly annually by 2013. Efforts must begin
now to prepare for future growth in the number of airline
passengers.
(13) 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.
(14) Current and projected levels of Federal investment in
aeronautics research and development are not sufficient to
address concerns related to the growth of aviation.
Subtitle A--The Office of Aerospace and Aviation Liaison
SEC. 621. OFFICE OF AEROSPACE AND AVIATION LIAISON.
(a) Establishment.--There is established within the Department of
Transportation an Office of Aerospace and Aviation Liaison.
(b) Function.--The Office shall--
(1) coordinate aviation and aeronautics research programs
to achieve the goal of more effective and directed programs
that will result in applicable research;
(2) coordinate goals and priorities and coordinate research
activities within the Federal Government with United States
aviation and aeronautical firms;
(3) coordinate 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;
(4) facilitate the transfer of technology from research
programs such as the National Aeronautics and Space
Administration program established under section 681 and the
Department of Defense Advanced Research Projects Agency program
to Federal agencies with operational responsibilities and to
the private sector;
(5) review 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;
(6) review aircraft operating procedures intended to reduce
noise and emissions, identify and coordinate research efforts
on aircraft noise and emissions reduction, and ensure that
aircraft noise and emissions reduction regulatory measures are
coordinated; and
(7) work with the National Air Traffic Management System
Development Office to coordinate research needs and
applications for the next generation air traffic management
system.
(c) Public-Private Participation.--In carrying out its functions
under this section, the Office shall consult with, and ensure
participation by, the private sector (including representatives of
general aviation, commercial aviation, and the space industry), members
of the public, and other interested parties.
(d) Reporting Requirements.--
(1) Initial status report.--Not later than 90 days after
the date of enactment of this Act, the Secretary of
Transportation shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
on the status of the establishment of the Office of Aerospace
and Aviation Liaison, including the name of the program
manager, the list of staff from each participating department
or agency, names of the national team participants, and the
schedule for future actions.
(2) Plan.--The Office shall submit to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science a plan for implementing
paragraphs (1) and (2) of subsection (b) and a proposed budget
for implementing the plan.
(3) Annual report.--The Office shall submit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Science an annual report that--
(A) contains a unified budget that combines the
budgets of each program coordinated by the Office; and
(B) describes the coordination activities of the
Office during the preceding year.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $2,000,000 for fiscal
years 2004 and 2005 to carry out this section, such sums to remain
available until expended.
SEC. 622. NATIONAL AIR TRAFFIC MANAGEMENT SYSTEM DEVELOPMENT OFFICE.
(a) Establishment.--There is established within the Federal
Aviation Administration a National Air Traffic Management System
Development Office, the head of which shall report directly to the
Administrator.
(b) Development of Next Generation Air Traffic Management System.--
(1) In general.--The Office shall develop a next generation
air traffic management system plan for the United States that
will--
(A) transform the national airspace system to meet
air transportation mobility, efficiency, and capacity
needs beyond those currently included in the Federal
Aviation Administration's operational evolution plan;
(B) result in a national airspace system that can
safely and efficiently accommodate the needs of all
users;
(C) build upon current air traffic management and
infrastructure initiatives;
(D) improve the security, safety, quality, and
affordability of aviation services;
(E) utilize a system-of-systems, multi-agency
approach to leverage investments in civil aviation,
homeland security, and national security;
(F) develop a highly integrated, secure
architecture to enable common situational awareness for
all appropriate system users; and
(G) ensure seamless global operations for system
users, to the maximum extent possible.
(2) Multi-agency and stakeholder involvement.--In
developing the system, the Office shall--
(A) include staff from the Federal Aviation
Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security,
the Department of Defense, the Department of Commerce,
and other Federal agencies and departments determined
by the Secretary of Transportation to have an important
interest in, or responsibility for, other aspects of
the system; and
(B) consult with, and ensure participation by, the
private sector (including representatives of general
aviation, commercial aviation, and the space industry),
members of the public, and other interested parties.
(3) Development criteria and requirements.--In developing
the next generation air traffic management system plan under
paragraph (1), the Office shall--
(A) develop system performance requirements;
(B) select an operational concept to meet system
performance requirements for all system users;
(C) ensure integration of civil and military system
requirements, balancing safety, security, and
efficiency, in order to leverage Federal funding;
(D) utilize modeling, simulation, and analytical
tools to quantify and validate system performance and
benefits;
(E) develop a transition plan, including necessary
regulatory aspects, that ensures operational
achievability for system operators;
(F) develop transition requirements for ongoing
modernization programs, if necessary;
(G) develop a schedule for aircraft equipment
implementation and appropriate benefits and incentives
to make that schedule achievable; and
(H) assess, as part of its function within the
Office of Aeronautical and Aviation Liaison, the
technical readiness of appropriate research
technological advances for integration of such research
and advances into the plan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Federal Aviation
Administration $300,000,000 for the period beginning with fiscal year
2004 and ending with fiscal year 2010 to carry out this section.
SEC. 623. REPORT ON CERTAIN MARKET DEVELOPMENTS AND GOVERNMENT
POLICIES.
Within 6 months after the date of enactment of this Act, the
Department of Transportation's Office of Aerospace and Aviation
liaison, in cooperation with 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. 624. TRANSFER OF CERTAIN AIR TRAFFIC CONTROL FUNCTIONS PROHIBITED.
(a) In General.--The Secretary of Transportation may not authorize
the transfer to a private entity or to a public entity other than the
United States Government of--
(1) the air traffic separation and control functions
operated by the Federal Aviation Administration on the date of
enactment of this Act; or
(2) the maintenance of certifiable systems and other
functions related to certification of national airspace systems
and services operated by the Federal Aviation Administration on
the date of enactment of this Act or flight service station
personnel.
(b) Contract Tower Program.--Subsection (a)(1) shall not apply to a
Federal Aviation Administration air traffic control tower operated
under the contract tower program as of the date of enactment of this
Act.
Subtitle B--Technical Programs
SEC. 641. AEROSPACE AND AVIATION SAFETY WORKFORCE INITIATIVE.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration and the Administrator of the Federal Aviation
Administration shall establish a joint program of competitive, merit-
based grants for eligible applicants to increase the number of students
studying toward and completing technical training programs, certificate
programs, and associate's, bachelor's, master's, or doctorate degrees
in fields related to aerospace and aviation safety.
(b) Increased Participation Goal.--In selecting projects under this
paragraph, the Director shall consider means of increasing the number
of students studying toward and completing technical training and
apprenticeship programs, certificate programs, and associate's or
bachelor's degrees in fields related to aerospace and aviation safety
who are individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
(c) Supportable Projects.--The types of projects the Administrators
may consider under this paragraph include those that promote high
quality--
(1) interdisciplinary teaching;
(2) undergraduate-conducted research;
(3) mentor relationships for students;
(4) graduate programs;
(5) bridge programs that enable students at community
colleges to matriculate directly into baccalaureate aerospace
and aviation safety related programs;
(6) internships, including mentoring programs, carried out
in partnership with the aerospace and aviation industry;
(7) technical training and apprenticeship that prepares
students for careers in aerospace manufacturing or operations;
and
(8) innovative uses of digital technologies, particularly
at institutions of higher education that serve high numbers or
percentages of economically disadvantaged students.
(d) Grantee Requirements.--In developing grant requirements under
this section, the Administrators shall consider means, developed in
concert with applicants, of increasing the number of students studying
toward and completing technical training and apprenticeship programs,
certificate programs, and associate's or bachelor's degrees in fields
related to aerospace and aviation safety.
(e) Definitions.--In this section:
(1) Eligible applicant defined.--The term ``eligible
applicant'' means--
(A) an institution of higher education;
(B) a consortium of institutions of higher
education; or
(C) a partnership between--
(i) an institution of higher education or a
consortium of such institutions; and
(ii) a nonprofit organization, a State or
local government, or a private company, with
demonstrated experience and effectiveness in
aerospace education.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term by subsection (a) of section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)), and includes an institution
described in subsection (b) of that section.
(f) Authorization of Appropriations.--
(1) NASA.--There are authorized to be appropriated to the
Administrator of the National Aeronautics and Space
Administration such sums as may be necessary for fiscal year
2004 to carry out this section.
(2) FAA.--There are authorized to be appropriated to the
Administrator of the Federal Aviation Administration such sums
as may be necessary for fiscal year 2004 to carry out this
section.
(g) Report, Budget, and Plan.--Within 180 days after the date of
enactment of this Act, the Administrators jointly shall submit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
report setting forth--
(1) recommendations as to whether the program authorized by
this section should be extended for multiple years;
(2) a budget for such a multi-year program; and
(3) a plan for conducting such a program.
SEC. 642. SCHOLARSHIPS FOR SERVICE.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration and the Administrator of the Federal Aviation
Administration shall develop a joint student loan program for fulltime
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.
(b) Internships.--The Administrators may provide temporary
internships to such students.
(c) Authorization of Appropriations.--
(1) NASA.--There are authorized to be appropriated to the
Administrator of the National Aeronautics and Space
Administration such sums as may be necessary for fiscal year
2004 to carry out this section.
(2) FAA.--There are authorized to be appropriated to the
Administrator of the Federal Aviation Administration such sums
as may be necessary for fiscal year 2004 to carry out this
section.
(g) Report, Budget, and Plan.--Within 180 days after the date of
enactment of this Act, the Administrators jointly shall submit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
report setting forth--
(1) recommendations as to whether the program authorized by
this section should be extended for multiple years;
(2) a budget for such a multi-year program; and
(3) a plan for conducting such a program.
Subtitle C--FAA Research, Engineering, and Development
SEC. 661. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.
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 rigid concrete airfield
pavements to aid in the development of safer, more cost-effective, and
more durable airfield pavements. The Administrator may use grants or
cooperative agreements in carrying out this section. 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. 662. 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.
SEC. 663. 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 are authorized to be
appropriated to the Administrator of the Federal Aviation
Administration $500,000 for fiscal year 2004 to carry out this section.
SEC. 664. 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. 665. INTERNATIONAL ROLE OF THE FAA.
Section 40101(d) is amended by adding at the end the following:
``(8) 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 to promote and achieve global improvements in the
safety, efficiency, and environmental effect of air travel.''.
SEC. 666. FAA REPORT ON OTHER NATIONS' SAFETY AND TECHNOLOGICAL
ADVANCEMENTS.
The Administrator of the Federal Aviation Administration shall
review aviation and aeronautical safety, and research funding and
technological actions in other countries. The Administrator shall
submit a report to the Committee on Science of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate, together with any recommendations as to
how such activities might be utilized in the United States.
SEC. 667. 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. 668. PILOT PROGRAM TO PROVIDE INCENTIVES FOR DEVELOPMENT OF NEW
TECHNOLOGIES.
(a) In General.--The Administrator of the Federal Aviation
Administration may conduct a limited 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.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator $500,000 for fiscal year 2004.
SEC. 669. 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, including the use of
polymeric composites in large transport aircraft. 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 are authorized to be
appropriated to the Administrator $500,000 for fiscal year 2004 to
carry out this section.
SEC. 670. FAA CERTIFICATION OF DESIGN ORGANIZATIONS.
(a) General Authority To Issue Certificates.--Section 44702(a) is
amended by inserting ``design organization certificates,'' after
``airman certificates,''.
(b) Design Organization Certificates.--
(1) In general.--Section 44704 is amended--
(A) by striking the section heading and inserting
the following:
``Sec. 44704. Design organization certificates, type certificates,
production certificates, and airworthiness
certificates'' ;
(B) by redesignating subsections (a) through (d) as
subsections (b) through (e);
(C) by inserting before subsection (b) the
following:
``(a) Design Organization Certificates.--
``(1) Plan.--Within 3 years after the date of enactment of
the Aviation Investment and Revitalization Vision Act, the
Administrator of the Federal Aviation Administration shall
submit a plan to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure for the development and
oversight of a system for certification of design organizations
under paragraph (2) that ensures that the system meets the
highest standards of safety.
``(2) Implementation of plan.--Within 5 years after the
date of enactment of the Aviation Investment and Revitalization
Vision Act, the Administrator of the Federal Aviation
Administration may commence the issuance of design organization
certificates under paragraph (3) to authorize design
organizations 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.
``(3) Issuance of certificates.--On receiving an
application for a design organization certificate, the
Administrator shall examine and rate the design organization in
accordance with the regulations prescribed by the Administrator
to determine that 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
that section. The Administrator shall include in a design
organization certificate terms required in the interest of
safety.
``(4) No effect on power of revocation.--Nothing in this
subsection affects the authority of the Secretary of
Transportation to revoke a certificate.'';
(D) by striking subsection (b), as redesignated,
and inserting the following:
``(b) Type Certificates.--
``(1) In general.--The Administrator may issue a type
certificate for an aircraft, aircraft engine, or propeller, or
for an appliance specified under paragraph (2)(A) of this
subsection--
``(A) when the Administrator finds that the
aircraft, aircraft engine, or propeller, or appliance
is properly designed and manufactured, performs
properly, and meets the regulations and minimum
standards prescribed under section 44701(a) of this
title; or
``(B) based on a certification of compliance made
by a design organization certificated under subsection
(a).
``(2) Investigation and hearing.--On receiving an
application for a type certificate, the Administrator shall
investigate the application and may conduct a hearing. The
Administrator shall make, or require the applicant to make,
tests the Administrator considers necessary in the interest of
safety.''.
(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) Chapter analysis.--The chapter analysis for chapter 447
is amended by striking the item relating to section 44704 and
inserting the following:
``44704. Design organization certificates, type certificates,
production certificates, and airworthiness
certificates.''.
(2) Cross reference.--Section 44715(a)(3) is amended by
striking ``44704(a)'' and inserting ``44704(b)''.
SEC. 671. REPORT ON LONG TERM ENVIRONMENTAL IMPROVEMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation with the Administrator of the National
Aeronautics and Space Administration and the head of the Department of
Transportation's Office of Aerospace and Aviation Liaison, 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 Administrator 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 are authorized to be
appropriated to the Administrator of the Federal Aviation
Administration $500,000 for fiscal year 2004 to carry out this section.
TITLE VII--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 701. 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, 2006'', and
(2) by inserting before the semicolon at the end of
subparagraph (A) the following: ``or the Aviation Investment
and Revitalization Vision 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, 2006''.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 2115
_______________________________________________________________________
AMENDMENT