[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2115 Reported in House (RH)]
Union Calendar No. 72
108th CONGRESS
1st Session
H. R. 2115
[Report No. 108-143]
To amend title 49, United States Code, to reauthorize programs for the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2003
Mr. Young of Alaska (for himself, Mr. Mica, Mr. Oberstar, and Mr.
DeFazio) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
June 6, 2003
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 15,
2003]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to reauthorize programs for the
Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Flight 100--
Century of Aviation Reauthorization Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility
planning and programs.
Sec. 104. Additional reauthorizations.
Sec. 105. Insurance.
Sec. 106. Pilot program for innovative financing for terminal
automation replacement systems.
TITLE II--AIRPORT PROJECT STREAMLINING
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Promotion of new runways.
Sec. 204. Airport project streamlining.
Sec. 205. Governor's certificate.
Sec. 206. Construction of certain airport capacity projects.
Sec. 207. Limitations.
Sec. 208. Relationship to other requirements.
TITLE III--FEDERAL AVIATION REFORM
Sec. 301. Management advisory committee members.
Sec. 302. Reorganization of the Air Traffic Services Subcommittee.
Sec. 303. Clarification of the responsibilities of the Chief Operating
Officer.
Sec. 304. Small Business Ombudsman.
Sec. 305. FAA purchase cards.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
Sec. 401. Improvement of aviation information collection.
Sec. 402. Data on incidents and complaints involving passenger and
baggage security screening.
Sec. 403. Definitions.
Sec. 404. Clarifications to procurement authority.
Sec. 405. Low-emission airport vehicles and ground support equipment.
Sec. 406. Streamlining of the passenger facility fee program.
Sec. 407. Financial management of passenger facility fees.
Sec. 408. Government contracting for air transportation.
Sec. 409. Overflights of national parks.
Sec. 410. Collaborative decisionmaking pilot program.
Sec. 411. Availability of aircraft accident site information.
Sec. 412. Slot exemptions at Ronald Reagan Washington National Airport.
Sec. 413. Notice concerning aircraft assembly.
Sec. 414. Special rule to promote air service to small communities.
Sec. 415. Small community air service.
Sec. 416. Type certificates.
Sec. 417. Design organization certificates.
Sec. 418. Counterfeit or fraudulently represented parts violations.
Sec. 419. Runway safety standards.
Sec. 420. Availability of maintenance information.
Sec. 421. Certificate actions in response to a security threat.
Sec. 422. Flight attendant certification.
Sec. 423. Civil penalty for closure of an airport without providing
sufficient notice.
Sec. 424. Noise exposure maps.
Sec. 425. Amendment of general fee schedule provision.
Sec. 426. Improvement of curriculum standards for aviation maintenance
technicians.
Sec. 427. Task force on future of air transportation system.
Sec. 428. Air quality in aircraft cabins.
Sec. 429. Recommendations concerning travel agents.
Sec. 430. Task force on enhanced transfer of applications of technology
for military aircraft to civilian aircraft.
Sec. 431. Reimbursement for losses incurred by general aviation
entities.
Sec. 432. Impasse procedures for National Association of Air Traffic
Specialists.
Sec. 433. FAA inspector training.
Sec. 434. Prohibition on air traffic control privatization.
Sec. 435. Airfares for members of the Armed Forces.
Sec. 436. Air carriers required to honor tickets for suspended air
service.
Sec. 437. International air show.
Sec. 438. Definition of air traffic controller.
Sec. 439. Justification for air defense identification zone.
Sec. 440. International air transportation.
Sec. 441. Reimbursement of air carriers for certain screening and
related activities.
Sec. 442. General aviation flights at Ronald Reagan Washington National
Airport.
TITLE V--AIRPORT DEVELOPMENT
Sec. 501. Definitions.
Sec. 502. Replacement of baggage conveyor systems.
Sec. 503. Security costs at small airports.
Sec. 504. Withholding of program application approval.
Sec. 505. Runway safety areas.
Sec. 506. Disposition of land acquired for noise compatibility
purposes.
Sec. 507. Grant assurances.
Sec. 508. Allowable project costs.
Sec. 509. Apportionments to primary airports.
Sec. 510. Cargo airports.
Sec. 511. Considerations in making discretionary grants.
Sec. 512. Flexible funding for nonprimary airport apportionments.
Sec. 513. Use of apportioned amounts.
Sec. 514. Military airport program.
Sec. 515. Terminal development costs.
Sec. 516. Contract towers.
Sec. 517. Airport safety data collection.
Sec. 518. Airport privatization pilot program.
Sec. 519. Innovative financing techniques.
Sec. 520. Airport security program.
Sec. 521. Low-emission airport vehicles and infrastructure.
Sec. 522. Compatible land use planning and projects by State and local
governments.
Sec. 523. Prohibition on requiring airports to provide rent-free space
for Federal Aviation Administration.
Sec. 524. Midway Island Airport.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall be effective on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k) is amended to read as follows:
``(k) Authorization of Appropriations.--
``(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and maintenance of the
Administration--
``(A) $7,591,000,000 for fiscal year 2004;
``(B) $7,732,000,000 for fiscal year 2005;
``(C) $7,889,000,000 for fiscal year 2006; and
``(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
``(2) Operation of center for management and development.--
Out of amounts appropriated under paragraph (1), such sums as
may be necessary may be expended by the Center for Management
Development of the Federal Aviation Administration to operate
at least 200 courses each year and to support associated
student travel for both residential and field courses.
``(3) Air traffic management system.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended by the Federal Aviation Administration for the
establishment and operation of a new office to develop, in
coordination with the Department of Defense, the National
Aeronautics and Space Administration, and the Department of
Homeland Security, the next generation air traffic management
system and a transition plan for the implementation of that
system. The office shall be known as the `Next Generation Air
Transportation System Joint Program Office'.
``(4) Helicopter and tiltrotor procedures.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended by the Federal Aviation Administration for the
establishment of helicopter and tiltrotor approach and
departure procedures using advanced technologies, such as the
Global Positioning System and automatic dependent surveillance,
to permit operations in adverse weather conditions to meet the
needs of air ambulance services.
``(5) Additional air traffic controllers.--Out of amounts
appropriated under paragraph (1), such sums as may be necessary
may be expended to hire additional air traffic controllers in
order to meet increasing air traffic demands and to address the
anticipated increase in the retirement of experienced air
traffic controllers.
``(6) Completion of alaska aviation safety project.--Out of
amounts appropriated under paragraph (1), $6,000,000 may be
expended for the completion of the Alaska aviation safety
project with respect to the 3 dimensional mapping of Alaska's
main aviation corridors.
``(7) Aviation safety reporting system.--Out of amounts
appropriated under paragraph (1), $3,400,000 may be expended on
the Aviation Safety Reporting System.''.
(b) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation, out of the Airport and
Airway Trust Fund established by section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502), $3,971,000 for fiscal year 2004,
$4,045,000 for fiscal year 2005, $4,127,000 for fiscal year 2006, and
$4,219,000 for fiscal year 2007 to gather airline data and conduct
analyses of such data in the Bureau of Transportation Statistics of the
Department of Transportation.
(c) Human Capital Workforce Strategy.--
(1) Development.--The Administrator of the Federal Aviation
Administration shall develop a comprehensive human capital
workforce strategy to determine the most effective method for
addressing the need for more air traffic controllers that is
called for in the June 2002 report of the General Accounting
Office.
(2) Completion date.--The Administrator shall complete
development of the strategy not later than 1 year after the
date of enactment of this Act.
(3) Report.--Not later than 30 days after the date on which
the strategy is completed, the Administrator shall transmit to
Congress a report describing the strategy.
(d) Goals and Objectives of Aviation Safety Reporting System.--Not
later than 90 days after the date of enactment of this Act, the
Administrator shall transmit to Congress a report on the long-term
goals and objectives of the Aviation Safety Reporting System and how
such system interrelates with other safety reporting systems of the
Federal Government.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101 is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $3,138,000,000 for fiscal year 2004;
``(2) $2,993,000,000 for fiscal year 2005;
``(3) $3,053,000,000 for fiscal year 2006; and
``(4) $3,110,000,000 for fiscal year 2007.'';
(2) by striking subsection (b);
(3) by redesignating (c) as subsection (b);
(4) by striking subsections (d) and (e) and inserting the
following:
``(c) Enhanced Safety and Security for Aircraft Operations in the
Gulf of Mexico.--Of amounts appropriated under subsection (a), such
sums as may be necessary for fiscal years 2004 through 2007 may be used
to expand and improve the safety, efficiency, and security of air
traffic control, navigation, low altitude communications and
surveillance, and weather services in the Gulf of Mexico.
``(d) Operational Benefits of Wake Vortex Advisory System.--Of
amounts appropriated under subsection (a), $20,000,000 for each of
fiscal years 2004 through 2007 may be used to document and demonstrate
the operational benefits of a wake vortex advisory system.
``(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), $20,000,000 for each of fiscal years
2004 to 2007 may be used to establish a program for the installation,
operation, and maintenance of a closed-loop precision approach aid
designed to improve aircraft accessibility at mountainous airports with
limited land if the approach aid is able to provide curved and
segmented approach guidance for noise abatement purposes and has been
certified or approved by the Administrator.''; and
(5) in subsection (f)--
(A) by striking ``for fiscal years beginning after
September 30, 2000''; and
(B) by inserting ``may be used'' after
``necessary''.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``September 30, 1998'' and inserting
``September 30, 2003''; and
(2) by striking paragraphs (1) through (5) and inserting:
``(1) $3,400,000,000 for fiscal year 2004;
``(2) $3,600,000,000 for fiscal year 2005;
``(3) $3,800,000,000 for fiscal year 2006; and
``(4) $4,000,000,000 for fiscal year 2007.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2003'' and inserting ``September 30, 2007''.
SEC. 104. ADDITIONAL REAUTHORIZATIONS.
(a) Contract Air Traffic Control Tower Pilot Program.--Section
47124(b)(3)(E) is amended by striking ``$6,000,000 per fiscal year''
and inserting ``$6,500,000 for fiscal year 2004, $7,000,000 for fiscal
year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal
year 2007''.
(b) Small Community Air Service.--Section 41743(e)(2) is amended--
(1) by striking ``and'' the first place it appears and
inserting a comma; and
(2) by inserting after ``2003'' the following ``, and
$35,000,000 for each of fiscal years 2004 through 2008''.
(c) Regional Air Service Incentive Program.--Section 41766 is
amended by striking ``2003'' and inserting ``2007''.
(d) Funding for Aviation Programs.--Section 106 of the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C.
48101 note) is amended by striking ``2003'' each place it appears and
inserting ``2007''.
(e) Design-Build Contracting.--Section 139(e) of the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C.
47104 note) is amended by striking ``2003'' and inserting ``2007''.
(f) Metropolitan Washington Airports Authority.--Section 49108 is
amended by striking ``2004'' and inserting ``2007''.
SEC. 105. INSURANCE.
(a) Termination.--Section 44310 is amended to read as follows:
``Sec. 44310. Termination date
``Effective December 31, 2007, the authority of the Secretary of
Transportation to provide insurance and reinsurance under this chapter
shall be limited to--
``(1) the operation of an aircraft by an air carrier or
foreign air carrier in foreign air commerce or between at least
2 points, all of which are outside the United States; and
``(2) insurance obtained by a department, agency, or
instrumentality of the United States under section 44305.''.
(b) Extension of Policies.--Section 44302(f)(1) is amended by
striking ``through December 31, 2004,'' and inserting ``thereafter''.
(c) Aircraft Manufacturer Liability for Third Party Claims Arising
Out of Acts of Terrorism.--Section 44303(b) is amended by adding at the
end the following: ``The Secretary may extend the provisions of this
subsection to the United States manufacturer (as defined in section
44310) of the aircraft of the air carrier involved.''.
(d) Vendors, Agents, Subcontractors, and Manufacturers.--
(1) In general.--Chapter 443 is amended--
(A) by redesignating section 44310 (as amended by
subsection (a) of this section) as section 44311; and
(B) by inserting after section 44309 the following:
``Sec. 44310. Vendors, agents, subcontractors, and manufacturers
``(a) In General.--The Secretary of Transportation may extend the
application of any provision of this chapter to a loss by a vendor,
agent, and subcontractor of an air carrier and a United States
manufacturer of an aircraft used by an air carrier but only to the
extent that the loss involved an aircraft of an air carrier.
``(b) United States Manufacturer Defined.--In this section, the
term `United States manufacturer' means a manufacturer incorporated
under the laws of a State of the United States and having its principal
place of business in the United States.''.
(2) Conforming amendment.--The analysis for chapter 443 is
amended by striking the item relating to section 44310 and
inserting the following:
``44310. Vendors, agents, subcontractors, and manufacturers.
``44311. Termination date.''.
(e) Technical Corrections.--Effective November 19, 2001, section
124(b) of the Aviation and Transportation Security Act (115 Stat. 631)
is amended by striking ``to carry out foreign policy'' and inserting
``to carry out the foreign policy''.
SEC. 106. PILOT PROGRAM FOR INNOVATIVE FINANCING FOR TERMINAL
AUTOMATION REPLACEMENT SYSTEMS.
(a) In General.--In order to test the cost-effectiveness and
feasibility of long-term financing of modernization of major air
traffic control systems, the Administrator of the Federal Aviation
Administration may establish a pilot program to test innovative
financing techniques through amending a contract, subject to section
1341 of title 31, United States Code, of more than one, but not more
than 20, fiscal years to purchase and install terminal automation
replacement systems for the Administration. Such amendments may be for
more than one, but not more than 10 fiscal years.
(b) Cancellation.--A contract described in subsection (a) may
include a cancellation provision if the Administrator determines that
such a provision is necessary and in the best interest of the United
States. Any such provision shall include a cancellation liability
schedule that covers reasonable and allocable costs incurred by the
contractor through the date of cancellation plus reasonable profit, if
any, on those costs. Any such provision shall not apply if the contract
is terminated by default of the contractor.
(c) Contract Provisions.--If feasible and practicable for the pilot
program, the Administrator may make an advance contract provision to
achieve economic-lot purchases and more efficient production rates.
(d) Limitation.--The Administrator may not amend a contract under
this section until the program for the terminal automation replacement
systems has been rebaselined in accordance with the acquisition
management system of the Administration.
(e) Annual Reports.--At the end of each fiscal year during the term
of the pilot program, the Administrator shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on how the Administrator has implemented in
such fiscal year the pilot program, the number and types of contracts
or contract amendments that are entered into under the program, and the
program's cost-effectiveness.
(f) Funding.--Out of amounts appropriated under section 48101 for
fiscal year 2004, $200,000,000 shall be used to carry out this section.
TITLE II--AIRPORT PROJECT STREAMLINING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Airport Streamlining Approval
Process Act of 2003''.
SEC. 202. FINDINGS.
Congress finds that--
(1) airports play a major role in interstate and foreign
commerce;
(2) congestion and delays at our Nation's major airports
have a significant negative impact on our Nation's economy;
(3) airport capacity enhancement projects at congested
airports are a national priority and should be constructed on
an expedited basis;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport
authorities, communities, and other Federal, State, and local
government agencies must work together to develop a plan, set
and honor milestones and deadlines, and work to protect the
environment while sustaining the economic vitality that will
result from the continued growth of aviation.
SEC. 203. PROMOTION OF NEW RUNWAYS.
Section 40104 is amended by adding at the end the following:
``(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator shall take
action to encourage the construction of airport capacity enhancement
projects at congested airports as those terms are defined in section
47178.''.
SEC. 204. AIRPORT PROJECT STREAMLINING.
(a) In General.--Chapter 471 is amended by inserting after section
47153 the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``Sec. 47171. DOT as lead agency
``(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review process
for airport capacity enhancement projects at congested airports.
``(b) Coordinated Reviews.--
``(1) In general.--The coordinated review process under
this section shall provide that all environmental reviews,
analyses, opinions, permits, licenses, and approvals that must
be issued or made by a Federal agency or airport sponsor for an
airport capacity enhancement project at a congested airport
will be conducted concurrently, to the maximum extent
practicable, and completed within a time period established by
the Secretary, in cooperation with the agencies identified
under subsection (c) with respect to the project.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable the
agency to ensure completion of environmental reviews, analyses,
opinions, permits, licenses, and approvals described in
paragraph (1) in a timely and environmentally responsible
manner.
``(c) Identification of Jurisdictional Agencies.--With respect to
each airport capacity enhancement project at a congested airport, the
Secretary shall identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit, license, or
approval for the project.
``(d) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a
project at an airport within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
``(e) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal and State agencies identified under subsection (c) with
respect to the project and the airport sponsor.
``(f) Effect of Failure To Meet Deadline.--
``(1) Notification of congress and ceq.--If the Secretary
determines that a Federal agency, State agency, or airport
sponsor that is participating in a coordinated review process
under this section with respect to a project has not met a
deadline established under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Council on Environmental Quality, and the agency or sponsor
involved about the failure to meet the deadline.
``(2) Agency report.--Not later than 30 days after date of
receipt of a notice under paragraph (1), the agency or sponsor
involved shall submit a report to the Secretary, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor did not meet the
deadline and what actions it intends to take to complete or
issue the required review, analysis, opinion, permit, license,
or approval.
``(g) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval that must be issued or made by a
Federal or State agency that is participating in a coordinated review
process under this section with respect to an airport capacity
enhancement project at a congested airport and that requires an
analysis of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by the
project purpose and need as defined by the Secretary.
``(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement project at a
congested airport. Any other Federal or State agency that is
participating in a coordinated review process under this section with
respect to the project shall consider only those alternatives to the
project that the Secretary has determined are reasonable.
``(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``(j) Monitoring by Task Force.--The Transportation Infrastructure
Streamlining Task Force, established by Executive Order 13274 (67 Fed.
Reg. 59449; relating to environmental stewardship and transportation
infrastructure project reviews), may monitor airport projects that are
subject to the coordinated review process under this section.
``Sec. 47172. Categorical exclusions
``Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 47173. Access restrictions to ease construction
``At the request of an airport sponsor for a congested airport, the
Secretary of Transportation may approve a restriction on use of a
runway to be constructed at the airport to minimize potentially
significant adverse noise impacts from the runway only if the Secretary
determines that imposition of the restriction--
``(1) is necessary to mitigate those impacts and expedite
construction of the runway;
``(2) is the most appropriate and a cost-effective measure
to mitigate those impacts, taking into consideration any
environmental tradeoffs associated with the restriction; and
``(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of the
national airspace system, unjustly discriminate against any
class of user of the airport, or impose an undue burden on
interstate or foreign commerce.
``Sec. 47174. Airport revenue to pay for mitigation
``(a) In General.--Notwithstanding section 47107(b), section 47133,
or any other provision of this title, the Secretary of Transportation
may allow an airport sponsor carrying out an airport capacity
enhancement project at a congested airport to make payments, out of
revenues generated at the airport (including local taxes on aviation
fuel), for measures to mitigate the environmental impacts of the
project if the Secretary finds that--
``(1) the mitigation measures are included as part of, or
support, the preferred alternative for the project in the
documentation prepared pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(2) the use of such revenues will provide a significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures described
in subsection (a) may include the insulation of residential buildings
and buildings used primarily for educational or medical purposes to
mitigate the effects of aircraft noise and the improvement of such
buildings as required for the insulation of the buildings under local
building codes.
``Sec. 47175. Airport funding of FAA staff
``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any
other provision of law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including
funds provided to the sponsor under section 47114(c), to hire
additional staff or obtain the services of consultants in order to
facilitate the timely processing, review, and completion of
environmental activities associated with an airport development
project.
``(b) Administrative Provision.--Instead of payment from an airport
sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor, may transfer funds that
would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in
subsection (a).
``(c) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any funds accepted under this section, except
funds transferred pursuant to subsection (b)--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
funds are accepted;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(3) shall remain available until expended.
``(d) Maintenance of Effort.--No funds may be accepted pursuant to
subsection (a), or transferred pursuant to subsection (b), in any
fiscal year in which the Federal Aviation Administration does not
allocate at least the amount it expended in fiscal year 2002, excluding
amounts accepted pursuant to section 337 of the Department of
Transportation and Related Agencies Appropriations Act, 2002 (115 Stat.
862), for the activities described in subsection (a).
``Sec. 47176. Authorization of appropriations
``In addition to the amounts authorized to be appropriated under
section 106(k), there is authorized to be appropriated to the Secretary
of Transportation, out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502), $4,200,000 for fiscal year 2004 and for each fiscal year
thereafter to facilitate the timely processing, review, and completion
of environmental activities associated with airport capacity
enhancement projects at congested airports.
``Sec. 47177. Designation of aviation safety and aviation security
projects for priority environmental review
``(a) In General.--The Administrator of the Federal Aviation
Administration may designate an aviation safety or aviation security
project for priority environmental review. The Administrator may not
delegate this designation authority.
``(b) Project Designation Criteria.--The Administrator shall
establish guidelines for the designation of an aviation safety or
aviation security project for priority environmental review. Such
guidelines shall include consideration of--
``(1) the importance or urgency of the project;
``(2) the potential for undertaking the environmental
review under existing emergency procedures under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(3) the need for cooperation and concurrent reviews by
other Federal or State agencies; and
``(4) the prospect for undue delay if the project is not
designated for priority review.
``(c) Coordinated Environmental Reviews.--
``(1) Timelines and high priority for coordinated
environmental reviews.--The Administrator, in consultation with
the heads of affected agencies, shall establish specific
timelines for the coordinated environmental review of an
aviation safety or aviation security project designated under
subsection (a). Such timelines shall be consistent with the
timelines established in existing laws and regulations. Each
Federal agency with responsibility for project environmental
reviews, analyses, opinions, permits, licenses, and approvals
shall accord any such review a high priority and shall conduct
the review expeditiously and, to the maximum extent possible,
concurrently with other such reviews.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable the
agency to ensure completion of environmental reviews, analyses,
opinions, permits, licenses, and approvals described in
paragraph (1) in a timely and environmentally responsible
manner.
``(d) State Participation.--
``(1) Invitation to participate.--If a priority
environmental review process is being implemented under this
section with respect to a project within the boundaries of a
State with applicable State environmental requirements and
approvals, the Administrator shall invite the State to
participate in the process.
``(2) State choice.--A State invited to participate in a
priority environmental review process, consistent with State
law, may choose to participate in such process and direct that
all State agencies, which have jurisdiction by law to conduct
an environmental review or analysis of the project to determine
whether to issue an environmentally related permit, license, or
approval for the project, be subject to the process.
``(e) Failure To Give Priority Review.--
``(1) Notice.--If the Secretary of Transportation
determines that a Federal agency or a participating State is
not complying with the requirements of this section and that
such noncompliance is undermining the environmental review
process, the Secretary shall notify, within 30 days of such
determination, the head of the Federal agency or, with respect
to a State agency, the Governor of the State.
``(2) Report to secretary.--A Federal agency that receives
a copy of a notification relating to that agency made by the
Secretary under paragraph (1) shall submit, within 30 days
after receiving such copy, a written report to the Secretary
explaining the reasons for the situation described in the
notification and what remedial actions the agency intends to
take.
``(3) Notification of ceq and committees.--If the Secretary
determines that a Federal agency has not satisfactorily
addressed the problems within a reasonable period of time
following a notification under paragraph (1), the Secretary
shall notify the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Commerce,
Science and Transportation of the Senate, and the Council on
Environmental Quality.
``(f) Procedural Provisions.--The procedures set forth in
subsections (c), (e), (g), (h), and (i) of section 47171 shall apply
with respect to an aviation safety or aviation security project under
this section in the same manner and to the same extent as such
procedures apply to an airport capacity enhancement project at a
congested airport under section 47171.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Aviation safety project.--The term `aviation safety
project' means an aviation project that--
``(A) has as its primary purpose reducing the risk
of injury to persons or damage to aircraft and
property, as determined by the Administrator; and
``(B)(i) is needed to respond to a recommendation
from the National Transportation Safety Board; or
``(ii) is necessary for an airport to comply with
part 139 of title 14, Code of Federal Regulations
(relating to airport certification).
``(2) Aviation security project.--The term `aviation
security project' means a security project at an airport
required by the Department of Homeland Security.
``(3) Federal agency.--The term `Federal agency' means a
department or agency of the United States Government.
``Sec. 47178. Definitions
``In this subchapter, the following definitions apply:
``(1) Airport sponsor.--The term `airport sponsor' has the
meaning given the term `sponsor' under section 47102.
``(2) Congested airport.--The term `congested airport'
means an airport that accounted for at least 1 percent of all
delayed aircraft operations in the United States in the most
recent year for which such data is available and an airport
listed in table 1 of the Federal Aviation Administration's
Airport Capacity Benchmark Report 2001.
``(3) Airport capacity enhancement project.--The term
`airport capacity enhancement project' means--
``(A) a project for construction or extension of a
runway, including any land acquisition, taxiway, or
safety area associated with the runway or runway
extension; and
``(B) such other airport development projects as
the Secretary may designate as facilitating a reduction
in air traffic congestion and delays.''.
(b) Conforming Amendment.--The analysis for chapter 471 of such
title is amended by adding at the end the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``47171. DOT as lead agency.
``47172. Categorical exclusions.
``47173. Access restrictions to ease construction.
``47174. Airport revenue to pay for mitigation.
``47175. Airport funding of FAA staff.
``47176. Authorization of appropriations.
``47177. Designation of aviation safety and aviation security projects
for priority environmental review.
``47178. Definitions.''.
SEC. 205. GOVERNOR'S CERTIFICATE.
Section 47106(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(2) in paragraph (2)(A) by striking ``stage 2'' and
inserting ``stage 3'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4).
SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) by moving subparagraphs (C) and (D) 2 ems to the right;
(2) by striking ``and'' at the end of subparagraph (C);
(3) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(4) by adding at the end the following:
``(E) to an airport operator of a congested airport
(as defined in section 47178) and a unit of local
government referred to in paragraph (1)(B) of this
subsection to carry out a project to mitigate noise in
the area surrounding the airport if the project is
included as a commitment in a record of decision of the
Federal Aviation Administration for an airport capacity
enhancement project (as defined in section 47178) even
if that airport has not met the requirements of part
150 of title 14, Code of Federal Regulations.''.
SEC. 207. LIMITATIONS.
Nothing in this title, including any amendment made by this title,
shall preempt or interfere with--
(1) any practice of seeking public comment;
(2) any power, jurisdiction, or authority that a State
agency or an airport sponsor has with respect to carrying out
an airport capacity enhancement project; and
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C. 4371 et
seq.) and the regulations issued by the Council on
Environmental Quality to carry out such Act.
SEC. 208. RELATIONSHIP TO OTHER REQUIREMENTS.
The coordinated review process required under the amendments made
by this title shall apply to an airport capacity enhancement project at
a congested airport whether or not the project is designated by the
Secretary of Transportation as a high-priority transportation
infrastructure project under Executive Order 13274 (67 Fed. Reg. 59449;
relating to environmental stewardship and transportation infrastructure
project reviews).
TITLE III--FEDERAL AVIATION REFORM
SEC. 301. MANAGEMENT ADVISORY COMMITTEE MEMBERS.
Section 106(p) is amended--
(1) in the subsection heading by inserting ``and Air
Traffic Services Board'' after ``Council''; and
(2) in paragraph (2)--
(A) by striking ``consist of'' and all that follows
through ``members, who'' and inserting ``consist of 13
members, who'';
(B) by inserting after ``Senate'' in subparagraph
(C)(i) ``, except that initial appointments made after
May 1, 2003, shall be made by the Secretary of
Transportation'';
(C) by striking the semicolon at the end of
subparagraph (C)(ii) and inserting ``; and''; and
(D) by striking ``employees, by--'' in subparagraph
(D) and all that follows through the period at the end
of subparagraph (E) and inserting ``employees, by the
Secretary of Transportation.''.
SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE.
Section 106(p) is amended--
(1) in paragraph (3)--
(A) by striking ``(A) No federal officer or
employee.--'';
(B) by striking ``or (2)(E)'' and inserting ``or to
the Air Traffic Services Board''; and
(C) by striking subparagraphs (B) and (C);
(2) in paragraph (4)(C) by inserting ``or Air Traffic
Services Board'' after ``Council'' each place it appears;
(3) in paragraph (5) by inserting ``, the Air Traffic
Services Board,'' after ``Council'';
(4) in paragraph (6)(C)--
(A) by striking ``subcommittee'' in the
subparagraph heading and inserting ``board'';
(B) by striking ``member'' and inserting
``members'';
(C) by striking ``under paragraph (2)(E)'' the
first place it appears and inserting ``to the Air
Traffic Services Board''; and
(D) by striking ``of the members first'' and all
that follows through the period at the end and
inserting ``the first members of the Board shall be the
members of the Air Traffic Services Subcommittee of the
Council on the day before the date of enactment of the
Flight 100--Century of Aviation Reauthorization Act who
shall serve as members of the Board until their
respective terms as members of the Subcommittee would
have ended under this subparagraph, as in effect on
such day.'';
(5) in paragraph (6)(D) by striking ``under paragraph
(2)(E)'' and inserting ``to the Board'';
(6) in paragraph (6)(E) by inserting ``or Board'' after
``Council'';
(7) in paragraph (6)(F) by inserting ``of the Council or
Board'' after ``member'';
(8) in the second sentence of subparagraph (6)(G)--
(A) by striking ``Council'' and inserting
``Board''; and
(B) by striking ``appointed under paragraph
(2)(E)'';
(9) in paragraph (6)(H)--
(A) by striking ``subcommittee'' in the
subparagraph heading and inserting ``board'';
(B) by striking ``under paragraph (2)(E)'' in
clause (i) and inserting ``to the Board''; and
(C) by striking ``Air Traffic Services
Subcommittee'' and inserting ``Board'';
(10) in paragraph (6)(I)(i)--
(A) by striking ``appointed under paragraph (2)(E)
is'' and inserting ``is serving as''; and
(B) by striking ``Subcommittee'' and inserting
``Board'';
(11) in paragraph (6)(I)(ii)--
(A) by striking ``appointed under paragraph
(2)(E)'' and inserting ``who is a member of the
Board''; and
(B) by striking ``Subcommittee'' and inserting
``Board'';
(12) in paragraph (6)(K) by inserting ``or Board'' after
``Council'';
(13) in paragraph (6)(L) by inserting ``or Board'' after
``Council'' each place it appears; and
(14) in paragraph (7)--
(A) by striking ``subcommittee'' in the paragraph
heading and inserting ``board'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) Establishment.--The Administrator shall
establish a board that is independent of the Council by
converting the Air Traffic Services Subcommittee of the
Council, as in effect on the day before the date of
enactment of the Flight 100--Century of Aviation
Reauthorization Act, into such board. The board shall
be known as the Air Traffic Services Board (in this
subsection referred to as the `Board').'';
(C) by redesignating subparagraphs (B) through (F)
as subparagraphs (D) through (H), respectively;
(D) by inserting after subparagraph (A) the
following:
``(B) Membership and qualifications.--Subject to
paragraph (6)(C), the Board shall consist of 5 members,
one of whom shall be the Administrator and shall serve
as chairperson. The remaining members shall be
appointed by the President with the advice and consent
of the Senate and--
``(i) shall have a fiduciary responsibility
to represent the public interest;
``(ii) shall be citizens of the United
States; and
``(iii) shall be appointed without regard
to political affiliation and solely on the
basis of their professional experience and
expertise in one or more of the following areas
and, in the aggregate, should collectively
bring to bear expertise in all of the following
areas:
``(I) Management of large service
organizations.
``(II) Customer service.
``(III) Management of large
procurements.
``(IV) Information and
communications technology.
``(V) Organizational development.
``(VI) Labor relations.
``(C) Prohibitions on members of board.--No member
of the Board may--
``(i) have a pecuniary interest in, or own
stock in or bonds of, an aviation or
aeronautical enterprise, except an interest in
a diversified mutual fund or an interest that
is exempt from the application of section 208
of title 18;
``(ii) engage in another business related
to aviation or aeronautics; or
``(iii) be a member of any organization
that engages, as a substantial part of its
activities, in activities to influence
aviation-related legislation.'';
(E) by striking ``Subcommittee'' each place it
appears in subparagraphs (D) and (E) (as redesignated
by subparagraph (C) of this paragraph) and inserting
``Board'';
(F) by striking ``approve'' in subparagraph
(E)(v)(I) (as so redesignated) and inserting ``make
recommendations on'';
(G) by striking ``request'' in subparagraph
(E)(v)(II) (as so redesignated) and inserting
``recommendations'';
(H) by striking ``ensure that the budget request
supports'' in subparagraph (E)(v)(III) (as so
redesignated) and inserting ``base such budget
recommendations on'';
(I) by striking ``The Secretary shall submit'' in
subparagraph (E) (as so redesignated) and all that
follows through the period at the end of such
subparagraph (E) and inserting ``The Secretary shall
submit the budget recommendations referred to in clause
(v) to the President who shall transmit such
recommendations to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee
on Appropriations of the Senate together with the
annual budget request of the Federal Aviation
Administration.'';
(J) by striking subparagraph (F) (as so
redesignated) and inserting the following:
``(F) Board personnel matters.--The Board may
appoint and terminate any personnel that may be
necessary to enable the Board to perform its duties,
and may procure temporary and intermittent services
under section 40122.'';
(K) in subparagraph (G) (as so redesignated)--
(i) by striking clause (i);
(ii) by redesignating clauses (ii), (iii),
and (iv) as clauses (i), (ii), and (iii),
respectively; and
(iii) by striking ``Subcommittee'' each
place it appears in clauses (i), (ii), and
(iii) (as so redesignated) and inserting
``Board'';
(L) in subparagraph (H) (as so redesignated)--
(i) by striking ``Subcommittee'' each place
it appears and inserting ``Board'';
(ii) by striking ``Administrator, the
Council'' each place it appears in clauses (i)
and (ii) and inserting ``Secretary''; and
(iii) in clause (ii) by striking ``(B)(i)''
and inserting ``(D)(i)''; and
(M) by adding at the end the following:
``(I) Authorization.--There are authorized to be
appropriated to the Board such sums as may be necessary
for the Board to carry out its activities.''.
SEC. 303. CLARIFICATION OF THE RESPONSIBILITIES OF THE CHIEF OPERATING
OFFICER.
Section 106(r) is amended--
(1) in each of paragraphs (1)(A) and (2)(A) by striking
``Air Traffic Services Subcommittee of the Aviation Management
Advisory Council'' and inserting ``Air Traffic Services
Board'';
(2) in paragraph (2)(B) by inserting ``in'' before
``paragraph (3).'';
(3) in paragraph (3) by striking ``Air Traffic Control
Subcommittee of the Aviation Management Advisory Committee''
and inserting ``Air Traffic Services Board'';
(4) in paragraph (4) by striking ``Transportation and
Congress'' and inserting ``Transportation, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate'';
(5) in paragraph (5)(A)--
(A) by striking ``develop a'' and inserting
``implement the''; and
(B) by striking ``, including the establishment
of'' and inserting ``in order to further'';
(6) in paragraph (5)(B)--
(A) by striking ``review'' and all that follows
through ``Administration,'' and inserting ``oversee the
day-to-day operational functions of the Administration
for air traffic control,'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(D) by adding at the end the following:
``(iv) the management of cost-reimbursable
contracts.'';
(7) in paragraph (5)(C)(i) by striking ``prepared by the
Administrator'';
(8) in paragraph (5)(C)(ii) by striking ``and the Secretary
of Transportation'' and inserting ``and the Board''; and
(9) in paragraph (5)(C)(iii)--
(A) by inserting ``agency's'' before ``annual'';
and
(B) by striking ``developed under subparagraph (A)
of this subsection.'' and inserting ``for air traffic
control services.''.
SEC. 304. SMALL BUSINESS OMBUDSMAN.
Section 106 is amended by adding at the end the following:
``(s) Small Business Ombudsman.--
``(1) Establishment.--There shall be in the Administration
a Small Business Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with small businesses in
the aviation industry;
``(C) be consulted when the Administrator proposes
regulations that may affect small businesses in the
aviation industry;
``(D) provide assistance to small businesses in
resolving disputes with the Administration; and
``(E) report directly to the Administrator.''.
SEC. 305. FAA PURCHASE CARDS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall take appropriate actions to implement the
recommendations contained in the report of the General Accounting
Office entitled ``FAA Purchase Cards: Weak Controls Resulted in
Instances of Improper and Wasteful Purchases and Missing Assets'',
numbered GAO-03-405 and dated March 21, 2003.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to Congress a report
containing a description of the actions taken by the Administrator
under this section.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COLLECTION.
(a) In General.--Section 329(b)(1) is amended by striking ``except
that in no case'' and all that follows through the semicolon at the
end.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the issuance of a final rule to modernize
the Origin and Destination Survey of Airline Passenger Traffic,
pursuant to the Advance Notice of Proposed Rulemaking published July
15, 1998 (Regulation Identifier Number 2105-AC71), that reduces the
reporting burden for air carriers through electronic filing of the
survey data collected under section 329(b)(1) of title 49, United
States Code.
SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLVING PASSENGER AND
BAGGAGE SECURITY SCREENING.
Section 329 is amended by adding at the end the following:
``(e) Incidents and Complaints Involving Passenger and Baggage
Security Screening.--
``(1) Publication of data.--The Secretary of Transportation
shall publish data on incidents and complaints involving
passenger and baggage security screening in a manner comparable
to other consumer complaint and incident data.
``(2) Monthly reports from secretary of homeland
security.--To assist the Secretary of Transportation in the
publication of data under paragraph (1), the Secretary of
Homeland Security shall submit monthly to the Secretary of
Transportation a report on the number of complaints about
security screening received by the Secretary of Homeland
Security.''.
SEC. 403. DEFINITIONS.
(a) In General.--Section 40102(a) is amended--
(1) by redesignating paragraphs (38) through (42) as
paragraphs (43) through (47), respectively;
(2) by inserting after paragraph (37) the following:
``(42) `small hub airport' means a commercial service
airport (as defined in section 47102) that has at least 0.05
percent but less than 0.25 percent of the passenger
boardings.'';
(3) by redesignating paragraphs (33) through (37) as
paragraphs (37) through (41) respectively;
(4) by inserting after paragraph (32) the following:
``(36) `passenger boardings'--
``(A) means, unless the context indicates
otherwise, revenue passenger boardings in the United
States in the prior calendar year on an aircraft in
service in air commerce, as the Secretary determines
under regulations the Secretary prescribes; and
``(B) includes passengers who continue on an
aircraft in international flight that stops at an
airport in the 48 contiguous States, Alaska, or Hawaii
for a nontraffic purpose.'';
(5) by redesignating paragraph (32) as paragraph (35);
(6) by inserting after paragraph (31) the following:
``(34) `nonhub airport' means a commercial service airport
(as defined in section 47102) that has less than 0.05 percent
of the passenger boardings.'';
(7) by redesignating paragraphs (30) and (31) as paragraphs
(32) and (33), respectively;
(8) by inserting after paragraph (29) the following:
``(31) `medium hub airport' means a commercial service
airport (as defined in section 47102) that has at least 0.25
percent but less than 1.0 percent of the passenger
boardings.'';
(9) by redesignating paragraph (29) as paragraph (30); and
(10) by inserting after paragraph (28) the following:
``(29) `large hub airport' means a commercial service
airport (as defined in section 47102) that has at least 1.0
percent of the passenger boardings.''.
(b) Conforming Amendments.--
(1) Air service termination notice.--Section 41719(d) is
amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(2) Small community air service.--Section 41731(a) is
amended by striking paragraphs (3) through (5).
(3) Airports not receiving sufficient service.--Section
41743 is amended--
(A) in subsection (c)(1) by striking ``(as that
term is defined in section 41731(a)(5))''; and
(B) in subsection (f) by striking ``(as defined in
section 41731(a)(3))''.
(4) Preservation of basic essential air service at single
carrier dominated hub airports.--Section 41744(b) is amended by
striking ``(as defined in section 41731)''.
(5) Regional air service incentive program.--Section 41762
is amended--
(A) by striking paragraphs (11) and (15); and
(B) by redesignating paragraphs (12), (13), (14),
and (16) as paragraphs (11), (12), (13), and (14),
respectively.
SEC. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY.
(a) Duties and Powers.--Section 40110(c) is amended--
(1) by striking ``Administration--'' and all that follows
through ``(2) may--'' and inserting ``Administration may--'';
(2) by striking subparagraph (D);
(3) by redesignating subparagraphs (A), (B), (C), (E), and
(F) as paragraphs (1), (2), (3), (4), and (5) respectively; and
(4) by moving such paragraphs (1) through (5) 2 ems to the
left.
(b) Acquisition Management System.--Section 40110(d) is amended--
(1) in paragraph (1)--
(A) by striking ``, not later than January 1,
1996,''; and
(B) by striking ``provides for more timely and
cost-effective acquisitions of equipment and
materials.'' and inserting the following:
``provides for--
``(A) more timely and cost-effective acquisitions
of equipment, services, property, and materials; and
``(B) the resolution of bid protests and contract
disputes related thereto, using consensual alternative
dispute resolution techniques to the maximum extent
practicable.''; and
(2) by striking paragraph (4), relating to the effective
date, and inserting the following:
``(4) Adjudication of certain bid protests and contract
disputes.--A bid protest or contract dispute that is not
addressed or resolved through alternative dispute resolution
shall be adjudicated by the Administrator through Dispute
Resolution Officers or Special Masters of the Federal Aviation
Administration Office of Dispute Resolution for Acquisition,
acting pursuant to sections 46102, 46104, 46105, 46106 and
46107.''.
(c) Authority of Administrator To Acquire Services.--Section
106(f)(2)(A)(ii) is amended by inserting ``, services,'' after
``property''.
SEC. 405. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT EQUIPMENT.
(a) In General.--Section 40117(a)(3) is amended by inserting at the
end the following:
``(G) A project for the acquisition or conversion
of ground support equipment or airport-owned vehicles
used at a commercial service airport with, or to, low-
emission technology (as defined in section 47102) or
cleaner burning conventional fuels, or the retrofitting
of such equipment or vehicles that are powered by a
diesel or gasoline engine with emission control
technologies certified or verified by the Environmental
Protection Agency to reduce emissions, if the airport
is located in an air quality nonattainment area (as
defined in section 171(2) of the Clean Air Act (42
U.S.C. 7501(2)) or a maintenance area referred to in
section 175A of such Act (42 U.S.C. 7505a), and if such
project will result in an airport receiving appropriate
emission credits as described in section 47138.''.
(b) Maximum Cost for Certain Low-Emission Technology Projects.--
Section 40117(b) is amended by adding at the end the following:
``(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by imposition
of a passenger facility fee under this section for a project
described in subsection (a)(3)(G) with respect to vehicle or
ground support equipment may not exceed the incremental amount
of the project cost that is greater than the cost of acquiring
a vehicle or equipment that is not low-emission and would be
used for the same purpose, or the cost of low-emission
retrofitting, as determined by the Secretary.''.
(c) Ground Support Equipment Defined.--Section 40117(a) is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Ground support equipment.--The term `ground support
equipment' means service and maintenance equipment used at an
airport to support aeronautical operations and related
activities.''.
SEC. 406. STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM.
(a) Application Requirements.--Section 40117(c) is amended--
(1) by adding at the end of paragraph (2) the following:
``(E) The agency will include in its application or notice
submitted under subparagraph (A) copies of all certifications
of agreement or disagreement received under subparagraph (D).
``(F) For the purpose of this section, an eligible agency
providing notice and an opportunity for consultation to an air
carrier or foreign air carrier is deemed to have satisfied the
requirements of this paragraph if the eligible agency limits
such notices and consultations to air carriers and foreign air
carriers that have a significant business interest at the
airport. In the subparagraph, the term `significant business
interest' means an air carrier or foreign air carrier that had
no less than 1.0 percent of passenger boardings at the airport
in the prior calendar year, had at least 25,000 passenger
boardings at the airport in the prior calendar year, or
provides scheduled service at the airport.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Before submitting an application, the eligible agency must
provide reasonable notice and an opportunity for public comment. The
Secretary shall prescribe regulations that define reasonable notice and
provide for at least the following under this paragraph:
``(A) A requirement that the eligible agency provide public
notice of intent to collect a passenger facility fee so as to
inform those interested persons and agencies who may be
affected, which public notice may include--
``(i) publication in local newspapers of general
circulation;
``(ii) publication in other local media; and
``(iii) posting the notice on the agency's Web
site.
``(B) A requirement for submission of public comments no
sooner than 30 days, and no later than 45 days, after the date
of the publication of the notice.
``(C) A requirement that the agency include in its
application or notice submitted under subparagraph (A) copies
of all comments received under subparagraph (B).''; and
(4) in the first sentence of paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ``shall'' and
inserting ``may''.
(b) Pilot Program for Passenger Facility Fee Authorizations at
Nonhub Airports.--Section 40117 is amended by adding at the end the
following:
``(l) Pilot Program for Passenger Facility Fee Authorizations at
Nonhub Airports.--
``(1) In general.--The Secretary shall establish a pilot
program to test alternative procedures for authorizing eligible
agencies for nonhub airports to impose passenger facility fees.
An eligible agency may impose in accordance with the provisions
of this subsection a passenger facility fee under this section.
For purposes of the pilot program, the procedures in this
subsection shall apply instead of the procedures otherwise
provided in this section.
``(2) Notice and opportunity for consultation.--The
eligible agency must provide reasonable notice and an
opportunity for consultation to air carriers and foreign air
carriers in accordance with subsection (c)(2) and must provide
reasonable notice and opportunity for public comment in
accordance with subsection (c)(3).
``(3) Notice of intention.--The eligible agency must submit
to the Secretary a notice of intention to impose a passenger
facility fee under this subsection. This shall include--
``(A) information that the Secretary may require by
regulation on each project for which authority to
impose a passenger facility fee is sought;
``(B) the amount of revenue from passenger facility
fees that is proposed to be collected for each project;
and
``(C) the level of the passenger facility fee that
is proposed.
``(4) Acknowledgement of receipt and indication of
objection.--The Secretary shall acknowledge receipt of the
notice and indicate any objection to the imposition of a
passenger facility fee under this subsection for any project
identified in the notice within 30 days after receipt of the
eligible agency's notice.
``(5) Authority to impose fee.--Unless the Secretary
objects within 30 days after receipt of the eligible agency's
notice, the eligible agency is authorized to impose a passenger
facility fee in accordance with the terms of its notice under
this subsection.
``(6) Deadline.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall propose such
regulations as may be necessary to carry out this subsection.
``(7) Sunset.--This subsection shall not be in effect 3
years after the date of issuance of regulations to carry out
this subsection.
``(8) Acknowledgement not an order.--An acknowledgement
issued under paragraph (4) shall not be considered an order of
the Secretary issued under section 46110.''.
(c) Clarification of Applicability of PFCS to Military Charters.--
Section 40117(e)(2) is amended--
(1) by striking the period at the end of subparagraph (C)
and inserting a semicolon;
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(4) by inserting after subparagraph (E) the following:
``(F) enplaning at an airport if the passenger did not pay
for the air transportation which resulted in such enplanement
due to charter arrangements and payment by the Department of
Defense.''.
(d) Technical Amendments.--Section 40117(a)(3)(C) is amended--
(1) by striking ``for costs'' and inserting ``A project'';
and
(2) by striking the semicolon and inserting a period.
SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES.
(a) In General.--Section 40117 is further amended by adding at the
end the following:
``(m) Financial Management of Fees.--
``(1) Handling of fees.--
``(A) Placement of fees in escrow account.--Subject
to subparagraph (B), passenger facility revenue held by
an air carrier or any of its agents shall be segregated
from the carrier's cash and other assets and placed in
an escrow account for the benefit of the eligible
agencies entitled to such revenue.
``(B) Alternative method of compliance.--Instead of
placing amounts in an escrow account under subparagraph
(A), an air carrier may provide to the eligible agency
a letter of credit, bond, or other form of adequate and
immediately available security in an amount equal to
estimated remittable passenger facility fees for 180
days, to be assessed against later audit, upon which
security the eligible agency shall be entitled to draw
automatically, without necessity of any further legal
or judicial action to effectuate foreclosure.
``(2) Trust fund status.--If an air carrier or its agent
commingles passenger facility revenue in violation of the
subsection, the trust fund status of such revenue shall not be
defeated by an inability of any party to identify and trace the
precise funds in the accounts of the air carrier.
``(3) Prohibition.--An air carrier and its agents may not
grant to any third party any security or other interest in
passenger facility revenue.
``(4) Compensation to eligible entities.--An air carrier
that fails to comply with any requirement of this subsection,
or otherwise unnecessarily causes an eligible entity to expend
funds, through litigation or otherwise, to recover or retain
payment of passenger facility revenue to which the eligible
entity is otherwise entitled shall be required to compensate
the eligible agency for the costs so incurred.
``(5) Interest on amounts.--An air carrier that collects
passenger facility fees is entitled to receive the interest on
passenger facility fee accounts, if the accounts are
established and maintained in compliance with this
subsection.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect 60 days after the date of enactment of this Act.
(2) Existing regulations.--Beginning 60 days after the date
of enactment of this Act, the provisions of section 158.49 of
title 14, Code of Federal Regulations, that permit the
commingling of passenger facility fees with other air carrier
revenue shall have no force or effect.
SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANSPORTATION.
(a) Government-Financed Air Transportation.--Section 40118(f)(2) is
amended by inserting before the period at the end the following: ``,
except that it shall not include a contract for the transportation by
air of passengers''.
(b) Airlift Service.--Section 41106(b) is amended by inserting
after ``military department'' the following: ``, or by a person that
has contracted with the Secretary of Defense or the Secretary of a
military department,''.
SEC. 409. OVERFLIGHTS OF NATIONAL PARKS.
(a) Air Tour Management Act Clarifications.--Section 40128 is
amended--
(1) in subsection (a)(1) by inserting ``, as defined by
this section,'' after ``lands'' the first place it appears;
(2) in subsections (b)(3)(A), (b)(3)(B), and (b)(3)(C) by
inserting ``over a national park'' after ``operations'';
(3) in subsection (b)(3)(D) by striking ``at the park'' and
inserting ``over a national park'';
(4) in subsection (b)(3)(E) by inserting ``over a national
park'' after ``operations'' the first place it appears;
(5) in subsections (c)(2)(A)(i) and (c)(2)(B) by inserting
``over a national park'' after ``operations'';
(6) in subsection (f)(1) by inserting ``over a national
park'' after ``operation'';
(7) in subsection (f)(4)(A)--
(A) by striking ``commercial air tour operation''
and inserting ``commercial air tour operation over a
national park''; and
(B) by striking ``park, or over tribal lands,'' and
inserting ``park (except the Grand Canyon National
Park), or over tribal lands (except those within or
abutting the Grand Canyon National Park),'';
(8) in subsection (f)(4)(B) by inserting ``over a national
park'' after ``operation''; and
(9) in the heading for paragraph (4) of subsection (f) by
inserting ``over a national park'' after ``operation''.
(b) Grand Canyon National Park Special Flight Rules Area Operation
Curfew.--
(1) In general.--The Administrator of the Federal Aviation
Administration may not restrict commercial Special Flight Rules
Area operations in the Dragon and Zuni Point corridors of the
Grand Canyon National Park during the period beginning 1 hour
after sunrise and ending 1 hour before sunset, unless required
for aviation safety purposes.
(2) Effect on existing regulations.--Beginning on the date
of enactment of this Act, section 93.317 of title 14, Code of
Federal Regulations, shall not be in effect.
SEC. 410. COLLABORATIVE DECISIONMAKING PILOT PROGRAM.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40129. Collaborative decisionmaking pilot program
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish a collaborative decisionmaking pilot
program in accordance with this section.
``(b) Duration.--Except as provided in subsection (k), the pilot
program shall be in effect for a period of 2 years.
``(c) Guidelines.--
``(1) Issuance.--The Administrator shall issue guidelines
concerning the pilot program. Such guidelines, at a minimum,
shall define the criteria and process for determining when a
capacity reduction event exists that warrants the use of
collaborative decisionmaking among carriers at airports
participating in the pilot program and that prescribe the
methods of communication to be implemented among carriers
during such an event.
``(2) Views.--The Administrator may obtain the views of
interested parties in issuing the guidelines.
``(d) Effect of Determination of Existence of Capacity Reduction
Event.--Upon a determination by the Administrator that a capacity
reduction event exists, the Administrator may authorize air carriers
and foreign air carriers operating at an airport participating in the
pilot program to communicate for a period of time not to exceed 24
hours with each other concerning changes in their respective flight
schedules in order to use air traffic capacity most effectively. The
Administration shall facilitate and monitor such communication.
``(e) Selection of Participating Airports.--Not later than 30 days
after the date on which the Administrator establishes the pilot
program, the Administrator shall select 3 airports to participate in
the pilot program from among the most capacity-constrained airports in
the country based on the Administration's Airport Capacity Benchmark
Report 2001 or more recent data on airport capacity that is available
to the Administrator. The Administrator shall select an airport for
participation in the pilot program if the Administrator determines that
collaborative decisionmaking among air carriers and foreign air
carriers would reduce delays at the airport and have beneficial effects
on reducing delays in the national airspace system as a whole.
``(f) Eligibility of Air Carriers.--An air carrier or foreign air
carrier operating at an airport selected to participate in the pilot
program is eligible to participate in the pilot program if the
Administrator determines that the carrier has the operational and
communications capability to participate in the pilot program.
``(g) Modification or Termination of Pilot Program at an Airport.--
The Administrator may modify or end the pilot program at an airport
before the term of the pilot program has expired, or may ban an air
carrier or foreign air carrier from participating in the program, if
the Administrator determines that the purpose of the pilot program is
not being furthered by participation of the airport or air carrier or
if the Secretary of Transportation finds that the pilot program or the
participation of an air carrier or foreign air carrier in the pilot
program has had, or is having, an adverse effect on competition among
carriers.
``(h) Evaluation.--
``(1) In general.--Before the expiration of the 2-year
period for which the pilot program is authorized under
subsection (b), the Administrator shall determine whether the
pilot program has facilitated more effective use of air traffic
capacity and the Secretary shall determine whether the pilot
program has had an adverse effect on airline competition or the
availability of air services to communities. The Administrator
shall also examine whether capacity benefits resulting from the
participation in the pilot program of an airport resulted in
capacity benefits to other parts of the national airspace
system.
``(2) Obtaining necessary data.--The Administrator may
require participating air carriers and airports to provide data
necessary to evaluate the pilot program's impact.
``(i) Extension of Pilot Program.--At the end of the 2-year period
for which the pilot program is authorized, the Administrator may
continue the pilot program for an additional 2 years and expand
participation in the program to up to 7 additional airports if the
Administrator determines pursuant to subsection (h) that the pilot
program has facilitated more effective use of air traffic capacity and
if the Secretary determines that the pilot program has had no adverse
effect on airline competition or the availability of air services to
communities. The Administrator shall select the additional airports to
participate in the extended pilot program in the same manner in which
airports were initially selected to participate.''.
(b) Conforming Amendment.--The analysis for chapter 401 is amended
by adding at the end the following:
``40129. Collaborative decisionmaking pilot program.''.
SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE INFORMATION.
(a) Domestic Air Transportation.--Section 41113(b) is amended--
(1) in paragraph (16) by striking ``the air carrier'' the
third place it appears; and
(2) by adding at the end the following:
``(17)(A) An assurance that, in the case of an accident
that results in significant damage to a man-made structure or
other property on the ground that is not government-owned, the
air carrier will promptly provide notice, in writing, to the
extent practicable, directly to the owner of the structure or
other property about liability for any property damage and
means for obtaining compensation.
``(B) At a minimum, the written notice shall advise an
owner (i) to contact the insurer of the property as the
authoritative source for information about coverage and
compensation; (ii) to not rely on unofficial information
offered by air carrier representatives about compensation by
the air carrier for accident-site property damage; and (iii) to
obtain photographic or other detailed evidence of property
damage as soon as possible after the accident, consistent with
restrictions on access to the accident site.
``(18) An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts a
public hearing or comparable proceeding at a location greater
than 80 miles from the accident site, the air carrier will
ensure that the proceeding is made available simultaneously by
electronic means at a location open to the public at both the
origin city and destination city of the air carrier's flight if
that city is located in the United States.''.
(b) Foreign Air Transportation.--Section 41313(c) is amended by
adding at the end the following:
``(17) Notice concerning liability for man-made
structures.--
``(A) In general.--An assurance that, in the case
of an accident that results in significant damage to a
man-made structure or other property on the ground that
is not government-owned, the foreign air carrier will
promptly provide notice, in writing, to the extent
practicable, directly to the owner of the structure or
other property about liability for any property damage
and means for obtaining compensation.
``(B) Minimum contents.--At a minimum, the written
notice shall advise an owner (i) to contact the insurer
of the property as the authoritative source for
information about coverage and compensation; (ii) to
not rely on unofficial information offered by foreign
air carrier representatives about compensation by the
foreign air carrier for accident-site property damage;
and (iii) to obtain photographic or other detailed
evidence of property damage as soon as possible after
the accident, consistent with restrictions on access to the accident
site.
``(18) Simultaneous electronic transmission of ntsb
hearing.--An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts a
public hearing or comparable proceeding at a location greater
than 80 miles from the accident site, the foreign air carrier
will ensure that the proceeding is made available
simultaneously by electronic means at a location open to the
public at both the origin city and destination city of the
foreign air carrier's flight if that city is located in the
United States.''.
(c) Update Plans.--Air carriers and foreign air carriers shall
update their plans under sections 41113 and 41313 of title 49, United
States Code, respectively, to reflect the amendments made by
subsections (a) and (b) of this section not later than 90 days after
the date of enactment of this Act.
SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT.
(a) Beyond-Perimeter Exemptions.--Section 41718(a) is amended by
striking ``12'' and inserting ``24''.
(b) Within-Perimeter Exemptions.--Section 41718(b) is amended--
(1) by striking ``12'' and inserting ``20''; and
(2) by striking ``that were designated as medium hub or
smaller airports''.
(c) Limitations.--
(1) General exemptions.--Section 41718(c)(2) is amended by
striking ``two'' and inserting ``3''.
(2) Allocation of within-perimeter exemptions.--Section
41718(c)(3) is amended--
(A) in subparagraph (A)--
(i) by striking ``four'' and inserting
``six''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by striking ``eight'' and inserting
``ten''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) four shall be for air transportation to
airports without regard to their size.''.
(d) Application Procedures.--Section 41718(d) is amended to read as
follows:
``(d) Application Procedures.--The Secretary shall establish
procedures to ensure that all requests for exemptions under this
section are granted or denied within 90 days after the date on which
the request is made.''.
(e) Effect of Perimeter Rules on Competition and Air Service.--
(1) Identification of other airports.--The Secretary of
Transportation shall identify airports (other than Ronald
Reagan Washington National Airport) that have imposed perimeter
rules like those in effect with respect to Ronald Reagan
Washington National Airport.
(2) Limitation on applicability.--This subsection does not
apply to perimeter rules imposed by Federal law.
(3) Study.--The Secretary shall conduct a study of the
effect that perimeter rules for airports identified under
paragraph (1) have on competition and on air service to
communities outside the perimeter.
(4) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(f) Effect of Changing Definition of Commuter Air Carrier.--
(1) Study.--The Secretary shall study the effects of
changing the definition of commuter air carrier in regulations
of the Federal Aviation Administration to increase the maximum
size of aircraft of such carriers to 76 seats or less on air
service to small communities and on commuter air carriers
operating aircraft with 56 seats or less.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY.
(a) In General.--Subchapter I of chapter 417 is amended by adding
at the end the following:
``Sec. 41722. Notice concerning aircraft assembly
``The Secretary of Transportation shall require, beginning after
the last day of the 1-year period following the date of enactment of
this section, an air carrier using an aircraft to provide scheduled
passenger air transportation to display a notice, on an information
placard available to each passenger on the aircraft, that informs the
passengers of the nation in which the aircraft was finally
assembled.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended
by striking the item relating to section 41721 and inserting the
following:
``41721. Reports by carriers on incidents involving animals during air
transport.
``41722. Notice concerning aircraft assembly.''.
SEC. 414. SPECIAL RULE TO PROMOTE AIR SERVICE TO SMALL COMMUNITIES.
(a) In General.--Subchapter I of chapter 417 is further amended by
adding at the end the following:
``Sec. 41723. Special rule to promote air service to small communities
``In order to promote air service to small communities, the
Secretary of Transportation shall permit an operator of a turbine
powered or multiengine piston powered aircraft with 10 passenger seats
or less (1) to provide air transportation between an airport that is a
nonhub airport and another airport or between an airport that is not a
commercial service airport and another airport, and (2) to sell
individual seats on that aircraft at a negotiated price, if the
aircraft is otherwise operated in accordance with parts 119 and 135 of
title 14, Code of Federal Regulations, and the air transportation is
otherwise provided in accordance with part 298 of such title 14.''.
(b) Conforming Amendment.--The analysis for chapter 417 is further
amended by adding at the end the following:
``41723. Special rule to promote air service to small communities.''.
SEC. 415. SMALL COMMUNITY AIR SERVICE.
(a) Compensation Guidelines, Limitation, and Claims.--
(1) Payment of promotional amounts.--Section 41737(a)(2) is
amended by inserting before the period at the end ``or may be
paid directly to the unit of local government having
jurisdiction over the eligible place served by the air
carrier''.
(2) Local share.--Section 41737(a) is amended by adding at
the end the following:
``(3) Payment of cost by local government.--
``(A) General requirement.--The guidelines may
require a unit of local government having jurisdiction
over an eligible place that is less than 170 miles from
a medium or large hub or less than 75 miles from a
small hub or a State within the boundaries of which the
eligible place is located to pay 2.5 percent in fiscal
year 2005, 5 percent in fiscal year 2006, 7.5 percent
in fiscal year 2007, and 10 percent in fiscal year 2008
of the amount of compensation payable under this
subchapter for air transportation with respect to the
eligible place to ensure the continuation of that air
transportation.
``(B) Waiver.--The Secretary may waive the
requirement, or reduce the amount, of a payment from a
unit of local government under subparagraph (A) if the
Secretary finds that--
``(i) the unit of local government lacks
the ability to pay; and
``(ii) the loss of essential air service to
the eligible place would have an adverse effect
on the eligible place's access to the national
air transportation system.
``(C) Determination of mileage.--In determining the
mileage between the eligible place and a hub under this
paragraph, the Secretary shall use the most commonly
used highway route between the eligible place and the
hub.''.
(3) Authority to make agreements and incur obligations.--
Section 41737(d) is amended--
(A) by striking ``(1) The Secretary'' and inserting
the ``The Secretary''; and
(B) by striking paragraph (2).
(b) Airports Not Receiving Sufficient Service.--Section 41743 is
amended--
(1) in the heading of subsection (a) by striking ``Pilot'';
(2) in subsection (a) by striking ``pilot'';
(3) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(C) in paragraph (4) (as so redesignated)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) the assistance can be used in the fiscal year
in which it is received.''; and
(4) in subsection (f) by striking ``pilot''.
(c) Essential Air Service Authorization.--Section 41742 is
amended--
(1) in subsection (a)(2) by striking ``$15,000,000'' and
inserting ``$65,000,000'';
(2) by adding at the end of subsection (a) the following:
``(3) Authorization for additional employees.--In addition
to amounts authorized under paragraphs (1) and (2), there are
authorized to be appropriated such sums as may be necessary for
the Secretary of Transportation to hire and employ 4 additional
employees for the office responsible for carrying out the
essential air service program.''; and
(3) by striking subsection (c).
(d) Process for Discontinuing Certain Subsidies.--Section 41734 is
amended by adding at the end the following:
``(i) Process for Discontinuing Certain Subsidies.--If the
Secretary determines that no subsidy will be provided to a carrier to
provide essential air service to an eligible place because the eligible
place does not meet the requirements of section 332 of the Department
of Transportation and Related Agencies Appropriations Act, 2000 (49
U.S.C. 41731 note; 113 Stat. 1022), the Secretary shall notify the
affected community that the subsidy will cease but shall continue to
provide the subsidy for 90 days after providing the notice to the
community.''.
(e) Joint Proposals.--Section 41740 is amended by inserting ``,
including joint fares,'' after ``joint proposals''.
(f) Community and Regional Choice Program.--
(1) In general.--Subchapter II of chapter 417 is amended by
adding at the end the following:
``Sec. 41745. Community and regional choice program
``(a) Establishment.--The Secretary of Transportation shall
establish an alternate essential air service pilot program in
accordance with the requirements of this section.
``(b) Compensation to Eligible Places.--In carrying out the
program, the Secretary, instead of paying compensation to an air
carrier to provide essential air service to an eligible place, may pay
compensation directly to a unit of local government having jurisdiction
over the eligible place or a State within the boundaries of which the
eligible place is located.
``(c) Use of Compensation.--A unit of local government or State
receiving compensation for an eligible place under the program shall
use the compensation for any of the following purposes:
``(1) To provide assistance to an air carrier to provide
scheduled air service to and from the eligible place, without
being subject to the requirements of 41732(b).
``(2) To provide assistance to an air carrier to provide
on-demand air taxi service to and from the eligible place.
``(3) To provide assistance to a person to provide
scheduled or on-demand surface transportation to and from the
eligible place and an airport in another place.
``(4) In combination with other units of local government
in the same region, to provide transportation services to and
from all the eligible places in that region at an airport or
other transportation center that can serve all the eligible
places in that region.
``(5) To purchase aircraft, or a fractional share in
aircraft, to provide transportation to and from the eligible
place.
``(6) To pay for other transportation or related services
that the Secretary may permit.
``(d) Fractionally Owned Aircraft.--Notwithstanding any other
provision of law, only those operating rules that relate to an aircraft
that is fractionally owned apply when an aircraft described in
subsection (c)(5) is used to provide transportation described in
subsection (c)(5).
``(e) Applications.--
``(1) In general.--A unit of local government or State
seeking to participate in the program for an eligible place
shall submit to the Secretary an application in such form and
containing such information as the Secretary may require.
``(2) Required information.--At a minimum, the application
shall include--
``(A) a statement of the amount of compensation
required; and
``(B) a description of how the compensation will be
used.
``(f) Participation Requirements.--
``(1) Eligible places.--An eligible place for which
compensation is received under the program in a fiscal year
shall not be eligible to receive in that fiscal year the
essential air service that it would otherwise be entitled to
under this subchapter.
``(2) Governmental entities.--A unit of local government or
State receiving compensation for an eligible place under the
program in a fiscal year shall not be required to pay the local
share described in 41737(a)(3) in such fiscal year.
``(g) Subsequent Participation.--A unit of local government
participating in the program under this section in a fiscal year shall
not be prohibited from participating in the basic essential air service
program under this chapter in a subsequent fiscal year if such unit is
otherwise eligible to participate in such program.
``(h) Funding.--Amounts appropriated or otherwise made available to
carry out the essential air service program under this subchapter shall
be available to carry out this section.''.
(2) Conforming amendment.--The analysis for chapter 417 is
amended by inserting after the item relating to section 41744
the following:
``41745. Community and regional choice program.''.
SEC. 416. TYPE CERTIFICATES.
(a) Agreements To Permit Use of Certificates by Other Persons.--
Section 44704(a) is amended by adding at the end the following:
``(3) If the holder of a type certificate agrees to permit another
person to use the certificate to manufacture a new aircraft, aircraft
engine, propeller, or appliance, the holder shall provide the other
person with written evidence, in a form acceptable to the
Administrator, of that agreement. A person may manufacture a new
aircraft, aircraft engine, propeller, or appliance based on a type
certificate only if the person is the holder of the type certificate or
has permission from the holder.''.
(b) Certification of Products Manufactured in Foreign Nations.--
Section 44704 is further amended by adding at the end the following:
``(e) Certification of Products Manufactured in Foreign Nations.--
In order to ensure safety, the Administrator shall spend at least the
same amount of time and perform a no-less-thorough review in
certifying, or validating the certification of, an aircraft, aircraft
engine, propeller, or appliance manufactured in a foreign nation as the
regulatory authorities of that nation employ when the authorities
certify, or validate the certification of, an aircraft, aircraft
engine, propeller, or appliance manufactured in the United States.''.
SEC. 417. DESIGN ORGANIZATION CERTIFICATES.
(a) General Authority To Issue Certificates.--Effective on the last
day of the 7-year period beginning on the date of enactment of this
Act, section 44702(a) is amended by inserting ``design organization
certificates,'' after ``airman certificates,''.
(b) Design Organization Certificates.--
(1) Plan.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan for the development and oversight
of a system for certification of design organizations to certify
compliance with the requirements and minimum standards prescribed under
section 44701(a) of title 49, United States Code, for the type
certification of aircraft, aircraft engines, propellers, or appliances.
(2) Issuance of certificates.--Section 44704 is further
amended by adding at the end the following:
``(f) Design Organization Certificates.--
``(1) Issuance.--Beginning 7 years after the date of
enactment of this subsection, the Administrator may issue a
design organization certificate to a design organization to
authorize the organization to certify compliance with the
requirements and minimum standards prescribed under section
44701(a) for the type certification of aircraft, aircraft
engines, propellers, or appliances.
``(2) Applications.--On receiving an application for a
design organization certificate, the Administrator shall
examine and rate the design organization submitting the
application, in accordance with regulations to be prescribed by
the Administrator, to determine whether the design organization
has adequate engineering, design, and testing capabilities,
standards, and safeguards to ensure that the product being
certificated is properly designed and manufactured, performs
properly, and meets the regulations and minimum standards
prescribed under section 44701(a).
``(3) Issuance of type certificates based on design
organization certification.--On receiving an application for a
type certificate under subsection (a) that is accompanied by a
certification of compliance by a design organization
certificated under this subsection, instead of conducting an
independent investigation under subsection (a), the
Administrator may issue the type certificate based on the
certification of compliance.
``(4) Public safety.--The Administrator shall include in a
design organization certificate issued under this subsection
terms required in the interest of safety.''.
(c) Reinspection and Reexamination.--Section 44709(a) is amended by
inserting ``design organization, production certificate holder,'' after
``appliance,''.
(d) Prohibitions.--Section 44711(a)(7) is amended by striking
``agency'' and inserting ``agency, design organization certificate, ''.
(e) Conforming Amendments.--
(1) Section heading.--Section 44704 is amended by striking
the section designation and heading and inserting the
following:
``Sec. 44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates''.
(2) Chapter analysis.--The analysis for chapter 447 is
amended by striking the item relating to section 44704 and
inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design organization
certificates.''.
SEC. 418. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS VIOLATIONS.
Section 44726(a)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) whose certificate is revoked under subsection
(b); or''; and
(4) in subparagraph (C) (as redesignated by paragraph (2)
of this section) by striking ``convicted of such a violation.''
and inserting ``described in subparagraph (A) or (B).''.
SEC. 419. RUNWAY SAFETY STANDARDS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44727. Runway safety areas
``An airport owner or operator shall not be required to reduce the
length of a runway or declare the length of a runway to be less than
the actual pavement length in order to meet standards of the Federal
Aviation Administration applicable to runway safety areas.''.
(b) Conforming Amendment.--The analysis for chapter 447 is amended
by adding at the end the following:
``44727. Runway safety areas.''.
SEC. 420. AVAILABILITY OF MAINTENANCE INFORMATION.
(a) In General.--Chapter 447 is further amended by adding at the
end the following:
``Sec. 44728. Availability of maintenance information
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continue in effect the requirement of section
21.50(b) of title 14, Code of Federal Regulations, that the holder of a
design approval--
``(1) shall prepare and furnish at least one set of
complete instructions for continued airworthiness as prescribed
in such section to the owner of each type of aircraft, aircraft
engine, or propeller upon its delivery or upon the issuance of
the first standard airworthiness certificate for the affected
aircraft, whichever occurs later; and
``(2) thereafter shall make the instructions, and any
changes thereto, available to any other person required by
parts 1 through 199 of title 14, Code of Federal Regulations,
to comply with any of the terms of the instructions.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Make available.--The term `make available' means
providing at a cost not to exceed the cost of preparation and
distribution.
``(2) Design approval.--The term `design approval' means a
type certificate, supplemental type certificate, amended type
certificate, parts manufacturer approval, technical standard
order authorization, and any other action as determined by the
Administrator pursuant to subsection (c)(2).
``(3) Instructions for continued airworthiness.--The term
`instructions for continued airworthiness' means any
information (and any changes to such information) considered
essential to continued airworthiness that sets forth the
methods, techniques, and practices for performing maintenance
and alteration on civil aircraft, aircraft engines, propellers,
appliances or any part installed thereon. Such information may
include maintenance, repair, and overhaul manuals, standard
practice manuals, service bulletins, service letters, or
similar documents issued by a design approval holder.
``(c) Rulemaking.--The Administrator shall conduct a rulemaking
proceeding for the following purposes:
``(1) To determine the meaning of the phrase `essential to
continued airworthiness' of the applicable aircraft, aircraft
engine, and propeller as that term is used in parts 23 through
35 of title 14, Code of Federal Regulations.
``(2) To determine if a design approval should include, in
addition to those approvals specified in subsection (b)(2), any
other activity in which persons are required to have technical
data approved by the Administrator.
``(3) To revise existing rules to reflect the definition of
design approval holder in subsections (b)(2) and (c)(2).
``(4) To determine if design approval holders that prepared
instructions for continued airworthiness or maintenance manuals
before January 29, 1981, should be required to make the manuals
available (including any changes thereto) to any person
required by parts 1 through 199 of title 14, Code of Federal
Regulations, to comply with any of the terms of those manuals.
``(5) To require design approval holders that--
``(A) are operating an ongoing business concern;
``(B) were required to produce maintenance manuals
or instructions for continued airworthiness under
section 21.50(b) of title 14, Code of Federal
Regulations; and
``(C) have not done so,
to prepare those documents and make them available as required
by this section not later than 1 year after date on which the
regulations are published.
``(6) To revise its rules to reflect the changes made by
this section.
``(d) Limitation on Statutory Construction.--Nothing is this
section shall be construed as requiring the holder of a design approval
to make available proprietary information unless it is deemed essential
to continued airworthiness.''.
(b) Conforming Amendment.--The analysis for chapter 447 is further
amended by adding at the end the following:
``44728. Availability of maintenance information.''.
SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO A SECURITY THREAT.
(a) In General.--Chapter 461 is amended by adding at the end the
following:
``Sec. 46111. Certificate actions in response to a security threat
``(a) Orders.--The Administrator of Federal Aviation Administration
shall issue an order amending, modifying, suspending, or revoking any
part of a certificate issued under this title if the Administrator is
notified by the Under Secretary for Border and Transportation Security
of the Department of Homeland Security that the holder of the
certificate poses, or is suspected of posing, a risk of air piracy or
terrorism or a threat to airline or passenger safety. If requested by
the Under Secretary, the order shall be effective immediately.
``(b) Hearings for Citizens.--An individual who is a citizen of the
United States who is adversely affected by an order of the
Administrator under subsection (a) is entitled to a hearing on the
record.
``(c) Hearings.--When conducting a hearing under this section, the
administrative law judge shall not be bound by findings of fact or
interpretations of laws and regulations of the Administrator or the
Under Secretary.
``(d) Appeals.--An appeal from a decision of an administrative law
judge as the result of a hearing under subsection (b) shall be made to
the Transportation Security Oversight Board established by section 115.
The Board shall establish a panel to review the decision. The members
of this panel (1) shall not be employees of the Transportation Security
Administration, (2) shall have the level of security clearance needed
to review the determination made under this section, and (3) shall be
given access to all relevant documents that support that determination.
The panel may affirm, modify, or reverse the decision.
``(e) Review.--A person substantially affected by an action of a
panel under subsection (d), or the Under Secretary when the Under
Secretary decides that the action of the panel under this section will
have a significant adverse impact on carrying out this part, may obtain
review of the order under section 46110. The Under Secretary and the
Administrator shall be made a party to the review proceedings. Findings
of fact of the panel are conclusive if supported by substantial
evidence.
``(f) Explanation of Decisions.--An individual who commences an
appeal under this section shall receive a written explanation of the
basis for the determination or decision and all relevant documents that
support that determination to the maximum extent that the national
security interests of the United States and other applicable laws
permit.
``(g) Classified Evidence.--
``(1) In general.--The Under Secretary, in consultation
with the Administrator, shall issue regulations to establish
procedures by which the Under Secretary, as part of a hearing
conducting under this section, may substitute an unclassified
summary of classified evidence upon the approval of the
administrative law judge.
``(2) Approval and disapproval of summaries.--Under the
procedures, an administrative law judge shall--
``(A) approve a summary if the judge finds that it
is sufficient to enable the certificate holder to
appeal an order issued under subsection (a); or
``(B) disapprove a summary if the judge finds that
it is not sufficient to enable the certificate holder
to appeal such an order.
``(3) Modifications.--If an administrative law judge
disapproves a summary under paragraph (2)(B), the judge shall
direct the Under Secretary to modify the summary and resubmit
the summary for approval.
``(4) Insufficient modifications.--If an administrative law
judge is unable to approve a modified summary, the order issued
under subsection (a) that is the subject of the hearing shall
be set aside unless the judge finds that such a result--
``(A) would likely cause serious and irreparable
harm to the national security; or
``(B) would likely cause death or serious bodily
injury to any person.
``(5) Special procedures.--If an administrative law judge
makes a finding under subparagraph (A) or (B) of paragraph (4),
the hearing shall proceed without an unclassified summary
provided to the certificate holder. In such a case, subject to
procedures established by regulation by the Under Secretary in
consultation with the Administrator, the administrative law
judge shall appoint a special attorney to assist the accused
by--
``(A) reviewing in camera the classified evidence;
and
``(B) challenging, through an in camera proceeding,
the veracity of the evidence contained in the
classified information.''.
(b) Conforming Amendment.--The analysis for chapter 461 is amended
by adding at the end the following:
``46111. Certificate actions in response to a security threat.''.
SEC. 422. FLIGHT ATTENDANT CERTIFICATION.
(a) In General.--Chapter 447 is further amended by adding at the
end the following:
``Sec. 44729. Flight attendant certification
``(a) Certificate Required.--
``(1) In general.--No person may serve as a flight
attendant aboard an aircraft of an air carrier unless that
person holds a certificate of demonstrated proficiency from the
Administrator of the Federal Aviation Administration. Upon the
request of the Administrator or an authorized representative of
the National Transportation Safety Board or another Federal
agency, a person who holds such a certificate shall present the
certificate for inspection within a reasonable period of time
after the date of the request.
``(2) Special rule for current flight attendants.--An
individual serving as a flight attendant on the effective date
of this section may continue to serve aboard an aircraft as a
flight attendant until completion by that individual of the
required recurrent or requalification training and subsequent
certification under this section.
``(3) Treatment of flight attendant after notification.--On
the date that the Administrator is notified by an air carrier
that an individual has the demonstrated proficiency to be a
flight attendant, the individual shall be treated for purposes
of this section as holding a certificate issued under the section.
``(b) Issuance of Certificate.--The Administrator shall issue a
certificate of demonstrated proficiency under this section to an
individual after the Administrator is notified by the air carrier that
the individual has successfully completed all the training requirements
for flight attendants approved by the Administrator.
``(c) Designation of Person To Determine Successful Completion of
Training.--In accordance with part 183 of chapter 14, Code of Federal
Regulation, the director of operations of an air carrier is designated
to determine that an individual has successfully completed the training
requirements approved by the Administrator for such individual to serve
as a flight attendant.
``(d) Specifications Relating to Certificates.--Each certificate
issued under this section shall--
``(1) be numbered and recorded by the Administrator;
``(2) contain the name, address, and description of the
individual to whom the certificate is issued;
``(3) contain the name of the air carrier that employs or
will employ the certificate holder on the date that the
certificate is issued;
``(4) is similar in size and appearance to certificates
issued to airmen;
``(5) contain the airplane group for which the certificate
is issued; and
``(6) be issued not later than 30 days after the
Administrator receives notification from the air carrier of
demonstrated proficiency and, in the case of an individual
serving as flight attendant on the effective date of this
section, not later than 1 year after such effective date.
``(e) Approval of Training Programs.--Air carrier flight attendant
training programs shall be subject to approval by the Administrator.
All flight attendant training programs approved by the Administrator in
the 1-year period ending on the date of enactment of this section shall
be treated as providing a demonstrated proficiency for purposes of
meeting the certification requirements of this section.
``(f) Flight Attendant Defined.--In this section, the term `flight
attendant' means an individual working as a flight attendant in the
cabin of an aircraft that has 20 or more seats and is being used by an
air carrier to provide air transportation.''.
(b) Conforming Amendment.--The analysis for chapter 447 is further
amended by adding at the end the following:
``44729. Flight attendant certification.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the 365th day following the date of enactment of
this Act.
SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT WITHOUT PROVIDING
SUFFICIENT NOTICE.
(a) In General.--Chapter 463 is amended by adding at the end the
following:
``Sec. 46319. Closure of an airport without providing sufficient notice
``(a) Prohibition.--A public agency (as defined in section 47102)
may not close an airport listed in the national plan of integrated
airport systems under section 47103 without providing written notice to
the Administrator of the Federal Aviation Administration at least 30
days before the date of the closure.
``(b) Publication of Notice.--The Administrator shall publish each
notice received under subsection (a) in the Federal Register.
``(c) Civil Penalty.--A public agency violating subsection (a)
shall be liable for a civil penalty of $10,000 for each day that the
airport remains closed without having given the notice required by this
section.''.
(b) Conforming Amendment.--The analysis for chapter 463 is amended
by adding at the end the following:
``46319. Closure of an airport without providing sufficient notice.''.
SEC. 424. NOISE EXPOSURE MAPS.
Section 47503 is amended--
(1) in subsection (a) by striking ``1985,'' and inserting
``a forecast period that is at least 5 years in the future'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Revised Maps.--If, in an area surrounding an airport, a
change in the operation of the airport would establish a substantial
new noncompatible use, or would significantly reduce noise over
existing noncompatible uses, that is not reflected in either the
existing conditions map or forecast map currently on file with the
Federal Aviation Administration, the airport operator shall submit a
revised noise exposure map to the Secretary showing the new
noncompatible use or noise reduction.''.
SEC. 425. AMENDMENT OF GENERAL FEE SCHEDULE PROVISION.
The amendment made by section 119(d) of the Aviation and
Transportation Security Act (115 Stat. 629) shall not be affected by
the savings provisions contained in section 141 of that Act (115 Stat.
643).
SEC. 426. IMPROVEMENT OF CURRICULUM STANDARDS FOR AVIATION MAINTENANCE
TECHNICIANS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure that the training standards for airframe
and powerplant mechanics under part 65 of title 14, Code of Federal
Regulations, are updated and revised in accordance with this section.
The Administrator may update and revise the training standards through
the initiation of a formal rulemaking or by issuing an advisory
circular or other agency guidance.
(b) Elements for Consideration.--The updated and revised standards
required under subsection (a) shall include those curriculum
adjustments that are necessary to more accurately reflect current
technology and maintenance practices.
(c) Minimum Training Hours.--In making adjustments to the
maintenance curriculum requirements pursuant to this section, the
current requirement of 1900 minimum training hours shall be maintained.
(d) Certification.--Any adjustment or modification of current
curriculum standards made pursuant to this section shall be reflected
in the certification examinations of airframe and powerplant mechanics.
(e) Completion.--The revised and updated training standards
required by subsection (a) shall be completed not later than 12 months
after the date of enactment of this Act.
(f) Periodic Reviews and Updates.--The Administrator shall review
the content of the curriculum standards for training airframe and
powerplant mechanics referred to in subsection (a) every 3 years after
completion of the revised and updated training standards required under
subsection (a) as necessary to reflect current technology and
maintenance practices.
SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPORTATION SYSTEM.
(a) In General.--The President shall establish a task force to work
with the Next Generation Air Transportation System Joint Program Office
authorized under section 106(k)(3).
(b) Membership.--The task force shall be composed of
representatives, appointed by the President, from air carriers, general
aviation, pilots, and air traffic controllers and the following
government organizations:
(1) The Federal Aviation Administration.
(2) The National Aeronautics and Space Administration.
(3) The Department of Defense.
(4) The Department of Homeland Security.
(5) The National Oceanic and Atmospheric Administration.
(6) Other government organizations designated by the
President.
(c) Function.--The function of the task force shall be to develop
an integrated plan to transform the Nation's air traffic control system
and air transportation system to meet its future needs.
(d) Plan.--Not later than 1 year after the date of establishment of
the task force, the task force shall transmit to the President and
Congress a plan outlining the overall strategy, schedule, and resources
needed to develop and deploy the Nation's next generation air traffic
control system and air transportation system.
SEC. 428. AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall undertake the studies and analysis called for in
the report of the National Research Council entitled ``The Airliner
Cabin Environment and the Health of Passengers and Crew''.
(b) Required Activities.--In carrying out this section, the
Administrator, at a minimum, shall--
(1) conduct surveillance to monitor ozone in the cabin on a
representative number of flights and aircraft to determine
compliance with existing Federal Aviation Regulations for
ozone;
(2) collect pesticide exposure data to determine exposures
of passengers and crew; and
(3) analyze samples of residue from aircraft ventilation
ducts and filters after air quality incidents to identify the
allergens, diseases, and other contaminants to which passengers
and crew were exposed.
(c) Report.--Not later than 30 months after the date of enactment
of this Act, the Administrator shall transmit to Congress a report on
the findings of the Administrator under this section.
SEC. 429. RECOMMENDATIONS CONCERNING TRAVEL AGENTS.
(a) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Transportation shall transmit to Congress a
report on any actions that should be taken with respect to
recommendations made by the National Commission to Ensure Consumer
Information and Choice in the Airline Industry on--
(1) the travel agent arbiter program; and
(2) the special box on tickets for agents to include their
service fee charges.
(b) Consultation.--In preparing this report, the Secretary shall
consult with representatives from the airline and travel agent
industry.
SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLICATIONS OF TECHNOLOGY
FOR MILITARY AIRCRAFT TO CIVILIAN AIRCRAFT.
(a) In General.--The President shall establish a task force to look
for better methods for ensuring that technology developed for military
aircraft is more quickly and easily transferred to applications for
improving and modernizing the fleet of civilian aircraft.
(b) Membership.--The task force shall be composed of the Secretary
of Transportation who shall be the chair of the task force and
representatives, appointed by the President, from the following:
(1) The Department of Transportation.
(2) The Federal Aviation Administration.
(3) The Department of Defense.
(4) The National Aeronautics and Space Administration.
(5) The aircraft manufacturing industry.
(6) Such other organizations as the President may
designate.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the task force shall report to Congress on the methods looked
at by the task force for ensuring the transfer of applications
described in subsection (a).
SEC. 431. REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL AVIATION
ENTITIES.
(a) In General.--The Secretary of Transportation may make grants to
reimburse the following general aviation entities for the security
costs incurred and revenue foregone as a result of the restrictions
imposed by the Federal Government following the terrorist attacks on
the United States that occurred on September 11, 2001, or the military
action to free the people of Iraq that commenced in March 2003:
(1) General aviation entities that operate at Ronald Reagan
Washington National Airport.
(2) Airports that are located within 15 miles of Ronald
Reagan Washington National Airport and were operating under
security restrictions on the date of enactment of this Act and
general aviation entities operating at those airports.
(3) General aviation entities that were affected by Federal
Aviation Administration Notices to Airmen FDC 2/0199 and 3/1862
and section 352 of the Department of Transportation and Related
Agencies Appropriations Act, 2003 (P.L. 108-7, Division I).
(4) General aviation entities affected by implementation of
section 44939 of title 49, United States Code.
(5) Any other general aviation entity that is prevented
from doing business or operating by an action of the Federal
Government prohibiting access to airspace by that entity.
(b) Documentation.--Reimbursement under this section shall be made
in accordance with sworn financial statements or other appropriate data
submitted by each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the Secretary.
(c) General Aviation Entity Defined.--In this section, the term
``general aviation entity'' means any person (other than a scheduled
air carrier or foreign air carrier, as such terms are defined in
section 40102 of title 49, United States Code) that--
(1) operates nonmilitary aircraft under part 91 of title
14, Code of Federal Regulations, for the purpose of conducting
its primary business;
(2) manufactures nonmilitary aircraft with a maximum
seating capacity of fewer than 20 passengers or aircraft parts
to be used in such aircraft;
(3) provides services necessary for nonmilitary operations
under such part 91; or
(4) operates an airport, other than a primary airport (as
such terms are defined in such section 40102), that--
(A) is listed in the national plan of integrated
airport systems developed by the Federal Aviation
Administration under section 47103 of such title; or
(B) is normally open to the public, is located
within the confines of enhanced class B airspace (as
defined by the Federal Aviation Administration in
Notice to Airmen FDC 1/0618), and was closed as a
result of an order issued by the Federal Aviation
Administration in the period beginning September 11,
2001, and ending January 1, 2002, and remained closed
as a result of that order on January 1, 2002.
Such term includes fixed based operators, flight schools, manufacturers
of general aviation aircraft and products, persons engaged in
nonscheduled aviation enterprises, and general aviation independent
contractors.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000. Such sums shall
remain available until expended.
SEC. 432. IMPASSE PROCEDURES FOR NATIONAL ASSOCIATION OF AIR TRAFFIC
SPECIALISTS.
(a) Failure of Current Negotiations.--If, within 30 days after the
date of enactment of this Act, the Federal Aviation Administration and
the exclusive bargaining representative of the National Association of
Air Traffic Specialists have failed to achieve agreement through a
mediation process of the Federal Mediation and Conciliation Service,
the current labor negotiation shall be treated for purposes of this
section to have failed.
(b) Submission to Impasse Panel.--Not later than 30 days after the
negotiation has failed under subsection (a), the parties to the
negotiation shall submit unresolved issues to the Federal Service
Impasses Panel described in section 7119(c) of title 5, United States
Code, for final and binding resolution.
(c) Assistance.--The Panel shall render assistance to the parties
in resolving their dispute in accordance with section 7119 of title 5,
United States Code, and parts 2470 and 2471 of title 5, Code of Federal
Regulations.
(d) Determination.--The Panel shall make a just and reasonable
determination of the matters in dispute. In arriving at such
determination, the Panel shall specify the basis for its findings,
taking into consideration such relevant factors as are normally and
customarily considered in the determination of wages or impasse Panel
proceedings. The Panel shall also take into consideration the financial
ability of the Administration to pay.
(e) Effect of Panel Determination.--The determination of the Panel
shall be final and binding upon the parties for the period prescribed
by the Panel or a period otherwise agreed to by the parties.
(f) Review.--The determination of the Panel shall be subject to
review in the manner prescribed in chapter 71 of title 5, United States
Code.
SEC. 433. FAA INSPECTOR TRAINING.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the training of the aviation safety inspectors of the
Federal Aviation Administration (in this section referred to as
``FAA inspectors'').
(2) Contents.--The study shall include--
(A) an analysis of the type of training provided to
FAA inspectors;
(B) actions that the Federal Aviation
Administration has undertaken to ensure that FAA
inspectors receive up-to-date training on the latest
technologies;
(C) the extent of FAA inspector training provided
by the aviation industry and whether such training is
provided without charge or on a quid-pro-quo basis; and
(D) the amount of travel that is required of FAA
inspectors in receiving training.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
(b) Sense of the House.--It is the sense of the House of
Representatives that--
(1) FAA inspectors should be encouraged to take the most
up-to-date initial and recurrent training on the latest
aviation technologies;
(2) FAA inspector training should have a direct relation to
an individual's job requirements; and
(3) if possible, a FAA inspector should be allowed to take
training at the location most convenient for the inspector.
(c) Workload of Inspectors.--
(1) Study by national academy of sciences.--Not later than
90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall make
appropriate arrangements for the National Academy of Sciences
to conduct a study of the assumptions and methods used by the
Federal Aviation Administration to estimate staffing standards
for FAA inspectors to ensure proper oversight over the aviation
industry, including the designee program.
(2) Contents.--The study shall include the following:
(A) A suggested method of modifying FAA inspectors
staffing models for application to current local
conditions or applying some other approach to
developing an objective staffing standard.
(B) The approximate cost and length of time for
developing such models.
(3) Report.--Not later than 12 months after the initiation
of the arrangements under subsection (a), the National Academy
of Sciences shall transmit to Congress a report on the results
of the study.
SEC. 434. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.
(a) In General.--The Secretary of Transportation may not authorize
the transfer of the air traffic separation and control functions
operated by the Federal Aviation Administration on the date of
enactment of this Act to a private entity or to a public entity other
than the United States Government.
(b) Contract Tower Program.--Subsection (a) shall not apply to the
contract tower program authorized by section 47124 of title 49, United
States Code.
SEC. 435. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately
1,400,000 members who are stationed on active duty at more than
6,000 military bases in 146 different countries;
(2) the United States is indebted to the members of the
Armed Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long periods
of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted advance
airline tickets in order to visit their loved ones at home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation's interests around the world at great
personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that each
United States air carrier should--
(1) establish for all members of the Armed Forces on active
duty reduced air fares that are comparable to the lowest
airfare for ticketed flights; and
(2) offer flexible terms that allow members of the Armed
Forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, and penalties.
SEC. 436. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED AIR
SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49
U.S.C. 40101 note; 115 stat. 645) is amended by striking ``more than''
and all that follows through ``after'' and inserting ``more than 36
months after''.
SEC. 437. INTERNATIONAL AIR SHOW.
(a) Study.--The Secretary of Transportation shall study the
feasibility of the United States hosting a world-class international
air show.
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a) together with
recommendations concerning potential locations at which the air show
could be held.
SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER.
(a) Civil Service Retirement System.--Section 8331 of title 5,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section
2109(1); and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of
section 2109(1)) is a prerequisite.''.
(b) Federal Employees' Retirement System.--Section 8401 of title 5,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by adding at the end the following:
``(35) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section
2109(1); and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of
section 2109(1)) is a prerequisite.''.
(c) Mandatory Separation Treatment Not Affected.--
(1) Civil service retirement system.--Section 8335(a) of
title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term `air
traffic controller' or `controller' has the meaning given to it
under section 8331(29)(A).''.
(2) Federal employees' retirement system.--Section 8425(a)
of title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term `air
traffic controller' or `controller' has the meaning given to it
under section 8401(35)(A).''.
(d) Effective Date.--This section and the amendments made by this
section--
(1) shall take effect on the 60th day after the date of
enactment of this Act; and
(2) shall apply with respect to--
(A) any annuity entitlement to which is based on an
individual's separation from service occurring on or
after that 60th day; and
(B) any service performed by any such individual
before, on, or after that 60th day, subject to
subsection (e).
(e) Deposit Required for Certain Prior Service To Be Creditable as
Controller Service.--
(1) Deposit requirement.--For purposes of determining
eligibility for immediate retirement under section 8412(e) of
title 5, United States Code, the amendment made by subsection
(b) shall, with respect to any service described in paragraph
(2), be disregarded unless there is deposited into the Civil
Service Retirement and Disability Fund, with respect to such
service, in such time, form, and manner as the Office of
Personnel Management by regulation requires, an amount equal to
the amount by which--
(A) the deductions from pay which would have been
required for such service if the amendments made by
this section had been in effect when such service was
performed, exceeds
(B) the unrefunded deductions or deposits actually
made under subchapter II of chapter 84 of such title 5
with respect to such service.
The amount under the preceding sentence shall include interest,
computed under paragraphs (2) and (3) of section 8334(e) of
such title 5.
(2) Prior service described.--This subsection applies with
respect to any service performed by an individual, before the
60th day following the date of enactment of this Act, as an
employee described in section 8401(35)(B) of such title 5 (as
set forth in subsection (b)).
SEC. 439. JUSTIFICATION FOR AIR DEFENSE IDENTIFICATION ZONE.
(a) In General.--If the Administrator of the Federal Aviation
Administration establishes an Air Defense Identification Zone (in this
section referred as an ``ADIZ''), the Administrator shall transmit, not
later than 60 days after the date of establishing the ADIZ, to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an explanation of the
need for the ADIZ. The Administrator also shall transmit to the
Committees updates of the report every 60 days until the ADIZ is
rescinded. The reports and updates shall be transmitted in classified
form.
(b) Existing ADIZ.--If an ADIZ is in effect on the date of
enactment of this Act, the Administrator shall transmit an initial
report under subsection (a) not later than 30 days after such date of
enactment.
(c) Definition.--In this section, the terms ``Air Defense
Identification Zone'' and ``ADIZ'' each mean a zone established by the
Administrator with respect to airspace under 18,000 feet in
approximately a 15- to 38-mile radius around Washington, District of
Columbia, for which security measures are extended beyond the existing
15-mile no-fly zone around Washington and in which general aviation
aircraft are required to adhere to certain procedures issued by the
Administrator.
SEC. 440. INTERNATIONAL AIR TRANSPORTATION.
It is the sense of Congress that, in an effort to modernize its
regulations, the Department of Transportation should formally define
``Fifth Freedom'' and ``Seventh Freedom'' consistently for both
scheduled and charter passenger and cargo traffic.
SEC. 441. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND
RELATED ACTIVITIES.
The Secretary of Transportation, subject to the availability of
funds (other than amounts in the Aviation Trust Fund) provided for this
purpose, shall reimburse air carriers and airports for the following:
(1) All screening and related activities that the air
carriers or airports are still performing or continuing to be
responsible for, including--
(A) the screening of catering supplies;
(B) checking documents at security checkpoints;
(C) screening of passengers; and
(D) screening of persons with access to aircraft.
(2) The provision of space and facilities used to perform
screening functions if such space and facilities have been
previously used, or were intended to be used, for revenue-
producing purposes.
SEC. 442. GENERAL AVIATION FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
It is the sense of Congress that Ronald Reagan Washington National
Airport should be open to general aviation flights as soon as possible.
TITLE V--AIRPORT DEVELOPMENT
SEC. 501. DEFINITIONS.
(a) In General.--Section 47102 is amended--
(1) by redesignating paragraphs (19) and (20) as paragraphs
(24) and (25), respectively;
(2) by inserting after paragraph (18) the following:
``(23) `small hub airport' means a commercial service
airport that has at least 0.05 percent but less than 0.25
percent of the passenger boardings.'';
(3) in paragraph (10) by striking subparagraphs (A) and (B)
and inserting following:
``(A) means, unless the context indicates
otherwise, revenue passenger boardings in the United
States in the prior calendar year on an aircraft in
service in air commerce, as the Secretary determines
under regulations the Secretary prescribes; and
``(B) includes passengers who continue on an
aircraft in international flight that stops at an
airport in the 48 contiguous States, Alaska, or Hawaii
for a nontraffic purpose.'';
(4) by redesignating paragraphs (10) through (18) as
paragraphs (14) through (22), respectively;
(5) by inserting after paragraph (9) the following:
``(10) `large hub airport' means a commercial service
airport that has at least 1.0 percent of the passenger
boardings.
``(12) `medium hub airport' means a commercial service
airport that has at least 0.25 percent but less than 1.0
percent of the passenger boardings.
``(13) `nonhub airport' means a commercial service airport
that has less than 0.05 percent of the passenger boardings.'';
and
(6) by striking paragraph (6) and inserting the following:
``(6) `amount made available under section 48103' or
`amount newly made available' means the amount authorized for
grants under section 48103 as that amount may be limited in
that year by a subsequent law, but as determined without regard
to grant obligation recoveries made in that year or amounts
covered by section 47107(f).''.
(b) Conforming Amendment.--Section 47116(b)(1) is amended by
striking ``(as defined in section 41731 of this title)''.
SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYSTEMS.
Section 47102(3)(B)(x) is amended by striking the period at the end
and inserting the following: ``; except that such activities shall be
eligible for funding under this subchapter only using amounts
apportioned under section 47114.''.
SEC. 503. SECURITY COSTS AT SMALL AIRPORTS.
(a) Security Costs.--Section 47102(3)(J) is amended to read as
follows:
``(J) in the case of a nonhub airport or an airport
that is not a primary airport in fiscal year 2004,
direct costs associated with new, additional, or
revised security requirements imposed on airport
operators by law, regulation, or order on or after
September 11, 2001, if the Government's share is paid
only from amounts apportioned to a sponsor under
section 47114(c) or 47114(d)(3)(A).''.
(b) Conforming Amendment.--Section 47110(b)(2) is amended--
(1) in subparagraph (D) by striking ``, 47102(3)(K), or
47102(3)(L)''; and
(2) by aligning the margin of subparagraph (D) with the
margin of subparagraph (B).
SEC. 504. WITHHOLDING OF PROGRAM APPLICATION APPROVAL.
Section 47106(d) is amended--
(1) in paragraph (1) by striking ``section 47114(c) and (e)
of this title'' and inserting ``subsections (c), (d), and (e)
of section 47114''; and
(2) by adding at the end the following:
``(4) If the Secretary withholds a grant to an airport from the
discretionary fund under section 47115 or from the small airport fund
under section 47116 on the grounds that the sponsor has violated an
assurance or requirement of this subchapter, the Secretary shall follow
the procedures of this subsection.''.
SEC. 505. RUNWAY SAFETY AREAS.
Section 47106 is amended by adding at the end the following:
``(h) Runway Safety Areas.--The Secretary may approve an
application under this chapter for a project grant to construct,
reconstruct, repair, or improve a runway only if the Secretary receives
written assurances, satisfactory to the Secretary, that the sponsor
will undertake, to the maximum extent practical, improvement of the
runway's safety area to meet the standards of the Federal Aviation
Administration.''.
SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE COMPATIBILITY
PURPOSES.
Section 47107(c) is amended by adding at the end the following:
``(4) Notwithstanding paragraph (2)(A)(iii), an airport owner or
operator may retain all or any portion of the proceeds from a land
disposition described in that paragraph if the Secretary finds that the
use of the land will be compatible with airport purposes and the
proceeds retained will be used for airport development or to carry out
a noise compatibility program under section 47504(c).''.
SEC. 507. GRANT ASSURANCES.
(a) Hangar Construction.--Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following:
``(21) if the airport owner or operator and a person who
owns an aircraft agree that a hangar is to be constructed at
the airport for the aircraft at the aircraft owner's expense,
the airport owner or operator will grant to the aircraft owner for the
hangar a long-term lease (of not less than 50 years) that is subject to
such terms and conditions on the hangar as the airport owner or
operator may impose.''.
(b) Statute of Limitations..--Section 47107(l)(5)(A) is amended by
inserting ``or any other governmental entity'' after ``sponsor''.
(c) Audit Certification.--Section 47107(m) is amended--
(1) in paragraph (1) by striking ``promulgate regulations
that'' and inserting ``include a provision in the compliance
supplement provisions to'';
(2) in paragraph (1) by striking ``and opinion of the
review''; and
(3) by striking paragraph (3).
SEC. 508. ALLOWABLE PROJECT COSTS.
(a) Construction or Modification of Public Parking Facilities for
Security Purposes.--Section 47110 is amended--
(1) in subsection (f) by striking ``subsection (d)'' and
inserting ``subsections (d) and (h)''; and
(2) by adding at the end the following:
``(h) Construction or Modification of Public Parking Facilities for
Security Purposes.--Notwithstanding subsection (f)(1), a cost of
constructing or modifying a public parking facility for passenger
automobiles to comply with a regulation or directive of the Department
of Homeland Security shall be treated as an allowable airport
development project cost.''.
(b) Debt Financing.--Section 47110 is further amended by adding at
the end the following:
``(i) Debt Financing.--In the case of an airport that is not a
medium hub airport or large hub airport, the Secretary may determine
that allowable airport development project costs include payments of
interest, commercial bond insurance, and other credit enhancement costs
associated with a bond issue to finance the project.''.
(c) Clarification of Allowable Costs..--Section 47110(b)(1) is
amended by inserting before the semicolon at the end ``and any cost of
moving a Federal facility impeding the project if the rebuilt facility
is of an equivalent size and type''.
(d) Technical Amendments.--Section 47110(e) is amended by aligning
the margin of paragraph (6) with the margin of paragraph (5).
SEC. 509. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) Formula Changes.--Section 47114(c)(1)(A) is amended by striking
clauses (iv) and (v) and by inserting the following:
``(iv) $.65 for each of the next 500,000
passenger boardings at the airport during the
prior calendar year;
``(v) $.50 cents for each of the next
2,500,000 passenger boardings at the airport
during the prior calendar year; and
``(vi) $.45 cents for each additional
passenger boarding at the airport during the
prior calendar year.''.
(b) Special Rule for Fiscal Years 2004 and 2005.--Section
47114(c)(1) is amended by adding at the end the following:
``(F) Special rule for fiscal years 2004 and
2005.--Notwithstanding subparagraph (A) and the absence
of scheduled passenger aircraft service at an airport,
the Secretary may apportion in fiscal years 2004 and
2005 to the sponsor of the airport an amount equal to
the amount apportioned to that sponsor in fiscal year
2002 or 2003, whichever amount is greater, if the
Secretary finds that--
``(i) the passenger boardings at the
airport were below 10,000 in calendar year
2002;
``(ii) the airport had at least 10,000
passenger boardings and scheduled passenger
aircraft service in either calendar year 2000
or 2001; and
``(iii) the reason that passenger boardings
described in clause (i) were below 10,000 was
the decrease in passengers following the
terrorist attacks of September 11, 2001.''.
SEC. 510. CARGO AIRPORTS.
Section 47114(c)(2) is amended--
(1) in the paragraph heading by striking ``only''; and
(2) in subparagraph (A) by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 511. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS.
Section 47115(d) is amended to read as follows:
``(d) Considerations.--
``(1) For capacity enhancement projects.--In selecting a
project for a grant to preserve and improve capacity funded in
whole or in part from the fund, the Secretary shall consider--
``(A) the effect that the project will have on
overall national transportation system capacity;
``(B) the benefit and cost of the project,
including, in the case of a project at a reliever
airport, the number of operations projected to be
diverted from a primary airport to the reliever airport
as a result of the project, as well as the cost savings
projected to be realized by users of the local airport
system;
``(C) the financial commitment from non-United
States Government sources to preserve or improve
airport capacity;
``(D) the airport improvement priorities of the
States to the extent such priorities are not in
conflict with subparagraphs (A) and (B); and
``(E) the projected growth in the number of
passengers or aircraft that will be using the airport
at which the project will be carried out.
``(2) For all projects.--In selecting a project for a grant
described in paragraph (1), the Secretary shall consider
whether--
``(A) funding has been provided for all other
projects qualifying for funding during the fiscal year
under this chapter that have attained a higher score
under the numerical priority system employed by the
Secretary in administering the fund; and
``(B) the sponsor will be able to commence the work
identified in the project application in the fiscal
year in which the grant is made or within 6 months
after the grant is made, whichever is later.''.
SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) In General.--Section 47117(c) is amended to read as follows:
``(c) Use of Sponsor's Apportioned Amounts at Public Use
Airports.--
``(1) Of sponsor.--An amount apportioned to a sponsor of an
airport under section 47114(c) or 47114(d)(3)(A) is available
for grants for any public-use airport of the sponsor included
in the national plan of integrated airport systems.
``(2) In same state or area.--A sponsor of an airport may
make an agreement with the Secretary of Transportation waiving
the sponsor's claim to any part of the amount apportioned for
the airport under section 47114(c) or 47114(d)(3)(A) if the
Secretary agrees to make the waived amount available for a
grant for another public-use airport in the same State or
geographical area as the airport, as determined by the
Secretary.''.
(b) Project Grant Agreements.--Section 47108(a) is amended by
inserting ``or 47114(d)(3)(A)'' after ``under section 47114(c)''.
(c) Allowable Project Costs.--Section 47110 is further amended--
(1) in subsection (b)(2)(C) by striking ``of this title''
and inserting ``or section 47114(d)(3)(A)'';
(2) in subsection (g)--
(A) by inserting ``or section 47114(d)(3)(A)''
after ``of section 47114(c)''; and
(B) by striking ``of project'' and inserting ``of
the project''; and
(3) by adding at the end the following:
``(j) Nonprimary Airports.--The Secretary may decide that the costs
of revenue producing aeronautical support facilities, including fuel
farms and hangars, are allowable for an airport development project at
a nonprimary airport if the Government's share of such costs is paid
only with funds apportioned to the airport sponsor under section
47114(d)(3)(A) and if the Secretary determines that the sponsor has
made adequate provision for financing airside needs of the airport.''.
(d) Terminal Development Costs.--Section 47119(b) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year under
section 47114(d)(3)(A) for project costs allowable under
section 47110(d).''.
SEC. 513. USE OF APPORTIONED AMOUNTS.
(a) Special Apportionment Categories.--Section 47117(e)(1)(A) is
amended--
(1) by striking ``of this title'' the first place it
appears and inserting a comma; and
(2) by striking ``of this title'' the second place it
appears and inserting ``, for noise mitigation projects
approved in an environmental record of decision for an airport
development project under this title, for compatible land use
planning and projects carried out by State and local
governments under section 47140, and for airport development
described in section 47102(3)(F) or 47102(3)(K) to comply with
the Clean Air Act (42 U.S.C. 7401 et seq.)''.
(b) Elimination of Super Reliever Set-Aside.--Section
47117(e)(1)(C) is repealed.
(c) Recovered Funds.--Section 47117 is further amended by adding at
the end the following:
``(h) Treatment of Canceled or Reduced Grant Obligations.--For the
purpose of determining compliance with a limitation, enacted in an
appropriations Act, on the amount of grant obligations of funds made
available by section 48103 that may be incurred in a fiscal year, an
amount that is recovered by canceling or reducing a grant obligation of
funds made available by section 48103 shall be treated as a negative
obligation that is to be netted against the obligation limitation as
enacted and thus may permit the obligation limitation to be exceeded by
an equal amount.''.
SEC. 514. MILITARY AIRPORT PROGRAM.
Subsections (e) and (f) of section 47118 are each amended by
striking ``$7,000,000'' and inserting ``$10,000,000''.
SEC. 515. TERMINAL DEVELOPMENT COSTS.
Section 47119(a) is amended to read as follows:
``(a) Repaying Borrowed Money.--
``(1) Terminal development costs incurred after june 30,
1970, and before july 12, 1976.--An amount apportioned under
section 47114 and made available to the sponsor of a commercial
service airport at which terminal development was carried out
after June 30, 1970, and before July 12, 1976, is available to
repay immediately money borrowed and used to pay the costs for
such terminal development if those costs would be allowable
project costs under section 47110(d) if they had been incurred
after September 3, 1982.
``(2) Terminal development costs incurred between january
1, 1992, and october 31, 1992.--An amount apportioned under
section 47114 and made available to the sponsor of a nonhub
airport at which terminal development was carried out between
January 1, 1992, and October 31, 1992, is available to repay
immediately money borrowed and to pay the costs for such
terminal development if those costs would be allowable project
costs under section 47110(d).
``(3) Terminal development costs at primary airports.--An
amount apportioned under section 47114 or available under
subsection (b)(3) to a primary airport--
``(A) that was a nonhub airport in the most recent
year used to calculate apportionments under section
47114;
``(B) that is a designated airport under section
47118 in fiscal year 2003; and
``(C) at which terminal development is carried out
between January 2003 and August 2004,
is available to repay immediately money borrowed and used to
pay the costs for such terminal development if those costs
would be allowable project costs under section 47110(d).
``(4) Conditions for grant.--An amount is available for a
grant under this subsection only if--
``(A) the sponsor submits the certification
required under section 47110(d);
``(B) the Secretary of Transportation decides that
using the amount to repay the borrowed money will not
defer an airport development project outside the
terminal area at that airport; and
``(C) amounts available for airport development
under this subchapter will not be used for additional
terminal development projects at the airport for at
least 3 years beginning on the date the grant is used
to repay the borrowed money.
``(5) Applicability of certain limitations.--A grant under
this subsection shall be subject to the limitations in
subsection (b)(1) and (2).''.
SEC. 516. CONTRACT TOWERS.
Section 47124(b) is amended--
(1) in paragraph (1) by striking ``on December 30, 1987,''
and inserting ``on date of enactment of the Flight 100--Century
of Aviation Reauthorization Act'';
(2) in the heading for paragraph (3) by striking ``pilot'';
(3) in paragraph (4)(C) by striking ``$1,100,000'' and
inserting ``$1,500,000''; and
(4) by striking ``pilot'' each place it appears.
SEC. 517. AIRPORT SAFETY DATA COLLECTION.
Section 47130 is amended to read as follows:
``Sec. 47130. Airport safety data collection
``Notwithstanding any other provision of law, the Administrator of
the Federal Aviation Administration may award a contract, using sole
source or limited source authority, or enter into a cooperative
agreement with, or provide a grant from amounts made available under
section 48103 to, a private company or entity for the collection of
airport safety data. In the event that a grant is provided under this
section, the United States Government's share of the cost of the data
collection shall be 100 percent.''.
SEC. 518. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) In General.--Section 47134(b)(1) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) in the case of a primary airport, by
at least 65 percent of the scheduled air
carriers serving the airport and by scheduled
and nonscheduled air carriers whose aircraft
landing at the airport during the preceding
calendar year, had a total landed weight during
the preceding calendar year of at least 65
percent of the total landed weight of all
aircraft landing at the airport during such
year; or
``(ii) by the Secretary at any nonprimary
airport after the airport has consulted with at
least 65 percent of the owners of aircraft
based at that airport, as determined by the
Secretary.'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) Objection to exemption.--An air carrier shall
be deemed to have approved a sponsor's application for
an exemption under subparagraph (A) unless the air
carrier has submitted an objection, in writing, to the
sponsor within 60 days of the filing of the sponsor's
application with the Secretary, or within 60 days of
the service of the application upon that air carrier,
whichever is later.''.
(b) Federal Share.--Section 47109(a) is amended--
(1) by inserting ``and'' at the end of paragraph (3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 519. INNOVATIVE FINANCING TECHNIQUES.
(a) Eligible Projects.--Section 47135(a) is amended--
(1) in the first sentence by inserting after ``approve''
the following: ``after the date of enactment of the Flight
100--Century of Aviation Reauthorization Act'';
(2) in the first sentence by striking ``20'' and inserting
``10''; and
(3) by striking the second sentence and inserting the
following: ``Such projects shall be located at airports that
are not medium or large hub airports.''.
(b) Innovative Financing Techniques.--Section 47135(c)(2) is
amended--
(1) by striking subparagraphs (A) and (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively.
(c) Savings Clause.--The amendments made by this section shall not
affect applications approved under section 47135 of title 49, United
States Code, before the date of enactment of this Act.
SEC. 520. AIRPORT SECURITY PROGRAM.
Section 47137 is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Administration.--The Secretary, in cooperation with the
Secretary of Homeland Security, shall administer the program authorized
by this section.''.
SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) Emissions Credits.--Subchapter I of chapter 471 is amended by
adding at the end the following:
``Sec. 47138. Emission credits for air quality projects
``(a) In General.--The Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall jointly
agree on how to assure that airport sponsors receive appropriate
emission credits for carrying out projects described in sections
40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such agreement must
include, at a minimum, the following conditions:
``(1) The provision of credits is consistent with the Clean
Air Act (42 U.S.C. 7402 et seq.).
``(2) Credits generated by the emissions reductions are
kept by the airport sponsor and may only be used for purposes
of any current or future general conformity determination under
the Clean Air Act or as offsets under the Environmental
Protection Agency's new source review program for projects on
the airport or associated with the airport.
``(3) Credits are calculated and provided to airports on a
consistent basis nationwide.
``(4) Credits are provided to airport sponsors in a timely
manner.
``(5) The establishment of a method to assure the Secretary
that, for any specific airport project for which funding is
being requested, the appropriate credits will be granted.
``(b) Assurance of Receipt of Credits.--
``(1) In general.--As a condition for making a grant for a
project described in section 47102(3)(K), 47102(3)(L), or 47139
or as a condition for granting approval to collect or use a
passenger facility fee for a project described in section
40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 47139, the
Secretary must receive assurance from the State in which the
project is located, or from the Administrator of the
Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive
appropriate emission credits in accordance with the conditions
of this section.
``(2) Agreement on previously approved projects.--The
Secretary and the Administrator of the Environmental Protection
Agency shall jointly agree on how to provide emission credits
to airport projects previously approved under section 47136
under terms consistent with the conditions enumerated in this
section.''.
(b) Airport Ground Support Equipment Emissions Retrofit Pilot
Program.--Subchapter I of chapter 471 is further amended by adding at
the end the following:
``Sec. 47139. Airport ground support equipment emissions retrofit pilot
program
``(a) In General.--The Secretary of Transportation shall carry out
a pilot program at not more than 10 commercial service airports under
which the sponsors of such airports may use an amount made available
under section 48103 to retrofit existing eligible airport ground
support equipment that burns conventional fuels to achieve lower
emissions utilizing emission control technologies certified or verified
by the Environmental Protection Agency.
``(b) Location in Air Quality Nonattainment or Maintenance Areas.--
A commercial service airport shall be eligible for participation in the
pilot program only if the airport is located in an air quality
nonattainment area (as defined in section 171(2) of the Clean Air Act
(42 U.S.C. 7501(2)) or a maintenance area referred to in section 175A
of such Act (42 U.S.C. 7505a).
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the pilot program.
``(d) Maximum Amount.--Not more than $500,000 may be expended under
the pilot program at any single commercial service airport.
``(e) Guidelines.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall establish
guidelines regarding the types of retrofit projects eligible under the
pilot program by considering remaining equipment useful life, amounts
of emission reduction in relation to the cost of projects, and other
factors necessary to carry out this section. The Secretary may give
priority to ground support equipment owned by the airport and used for
airport purposes.
``(f) Eligible Equipment Defined.--In this section, the term
`eligible equipment' means ground service or maintenance equipment that
is located at the airport, is used to support aeronautical and related
activities at the airport, and will remain in operation at the airport
for the life or useful life of the equipment, whichever is earlier.''.
(c) Addition to Airport Development.--Section 47102(3) is further
amended by striking subparagraphs (K) and (L) and inserting the
following:
``(K) work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate
electrification, and other related air quality
improvements at a commercial service airport if the
airport is located in an air quality nonattainment or
maintenance area (as defined in sections 171(2) and
175A of the Clean Air Act (42 U.S.C. 7501(2), 7505a)
and if such project will result in an airport receiving
appropriate emission credits, as described in section
47138.
``(L) converting vehicles and ground support
equipment owned by a commercial service airport to low-
emission technology or acquiring for use at a
commercial service airport vehicles and ground support
equipment that include low-emission technology if the
airport is located in an air quality nonattainment area
(as defined in section 171(2) of the Clean Air Act (42
U.S.C. 7501(2)) or a maintenance area referred to in
section 175A of such Act (42 U.S.C. 7505a) and if such
project will result in an airport receiving appropriate
emission credits as described in section 47138.''.
(d) Allowable Project Cost.--Section 47110(b) is further amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of a project for acquiring for use at a
commercial service airport vehicles and ground support
equipment owned by an airport that is not described in section
47102(3) and that include low-emission technology, if the total costs
allowed for the project are not more than the incremental cost of
equipping such vehicles or equipment with low-emission technology, as
determined by the Secretary.''.
(e) Low-Emission Technology Equipment.--Section 47102 (as amended
by section 501 of this Act) is further amended by inserting after
paragraph (10) the following:
``(11) `low-emission technology' means technology for
vehicles and equipment whose emission performance is the best
achievable under emission standards established by the
Environmental Protection Agency and that relies exclusively on
alternative fuels that are substantially non-petroleum based,
as defined by the Department of Energy, but not excluding
hybrid systems or natural gas powered vehicles.''.
(f) Conforming Amendments.--The analysis of subchapter I of chapter
471 is amended by adding at the end the following:
``47138. Emission credits for air quality projects.
``47139. Airport ground support equipment emissions retrofit pilot
program.''.
SEC. 522. COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47140. Compatible land use planning and projects by State and
local governments
``(a) In General.--The Secretary of Transportation may make grants
from amounts set aside under section 47117(e)(1)(A) to States and units
of local government for land use compatibility plans or projects
resulting from those plans for the purposes of making the use of land
areas around large hub airports and medium hub airports compatible with
aircraft operations if--
``(1) the airport operator has not submitted a noise
compatibility program to the Secretary under section 47504 or
has not updated such program within the past 10 years; and
``(2) the land use plan meets the requirements of this
section and any project resulting from the plan meets such
requirements.
``(b) Eligibility.--In order to receive a grant under this section,
a State or unit of local government must--
``(1) have the authority to plan and adopt land use control
measures, including zoning, in the planning area in and around
a large or medium hub airport;
``(2) provide written assurance to the Secretary that it
will work with the affected airport to identify and adopt such
measures; and
``(3) provide written assurance to the Secretary that it
will achieve, to the maximum extent possible, compatible land
uses consistent with Federal land use compatibility criteria
under section 47502(3) and that those compatible land uses will
be maintained.
``(c) Assurances.--The Secretary shall require a State or unit of
local government to which a grant may be awarded under this section for
a land use plan or a project resulting from such a plan to provide--
``(1) assurances satisfactory to the Secretary that the
plan--
``(A) is reasonably consistent with the goal of
reducing existing noncompatible land uses and
preventing the introduction of additional noncompatible
land uses;
``(B) addresses ways to achieve and maintain
compatible land uses, including zoning, building codes,
and any other projects under section 47504(a)(2) that
are within the authority of the State or unit of local
government to implement;
``(C) uses noise contours provided by the airport
operator that are consistent with the airport operation
and planning, including any noise abatement measures
adopted by the airport operator as part of its own
noise mitigation efforts;
``(D) does not duplicate, and is not inconsistent
with, the airport operator's noise compatibility
measures for the same area; and
``(E) has received concurrence by the airport
operator prior to adoption by the State or unit of
local government; and
``(2) such other assurances as the Secretary determines to
be necessary to carry out this section.
``(d) Guidelines.--The Secretary shall establish guidelines to
administer this section in accordance with the purposes and conditions
described in this section. The Secretary may require the State or unit
of local government to which a grant may be awarded under this section
to provide progress reports and other information as the Secretary
determines to be necessary to carry out this section.
``(e) Eligible Projects.--The Secretary may approve a grant under
this section to a State or unit of local government for a land use
compatibility project only if the Secretary is satisfied that the
project is consistent with the guidelines established by the Secretary
under this section, that the State or unit of local government has
provided the assurances required by this section, that the Secretary
has received evidence that the State or unit of local government has
implemented (or has made provision to implement) those elements of the
plan that are not eligible for Federal financial assistance, and that
the project is not inconsistent with Federal standards.
``(f) Sunset.--This section shall not be in effect after September
30, 2007.''.
(b) Conforming Amendment.--The analysis of subchapter I of chapter
471 is further amended by adding at the end the following:
``47140. Compatible land use planning and projects by State and local
governments.''.
SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TO PROVIDE RENT-FREE SPACE
FOR FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47141. Prohibition on rent-free space requirements for Federal
Aviation Administration
``(a) In General.--The Secretary of Transportation may not require
an airport sponsor to provide to the Federal Aviation Administration,
without compensation, space in a building owned by the sponsor and
costs associated with such space for building construction,
maintenance, utilities, and other expenses.
``(b) Negotiated Agreements.--Subsection (a) does not prohibit--
``(1) the negotiation of agreements between the Secretary
and an airport sponsor to provide building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings to the Federal Aviation Administration
without cost or at below-market rates; or
``(2) the Secretary of Transportation from requiring
airport sponsors to provide land without cost to the Federal
Aviation Administration for air traffic control facilities.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47141. Prohibition on rent-free space requirements for Federal
Aviation Administration.''.
SEC. 524. MIDWAY ISLAND AIRPORT.
(a) Findings.--Congress finds that the continued operation of the
Midway Island Airport in accordance with the standards of the Federal
Aviation Administration applicable to commercial airports is critical
to the safety of commercial, military, and general aviation in the mid-
Pacific Ocean region.
(b) Memorandum of Understanding on Sale of Aircraft Fuel.--The
Secretary of Transportation shall enter into a memorandum of
understanding with the Secretaries of Defense, Interior, and Homeland
Security to facilitate the sale of aircraft fuel on Midway Island at a
price that will generate sufficient revenue to improve the ability of
the airport to operate on a self-sustaining basis in accordance with
the standards of the Federal Aviation Administration applicable to
commercial airports. The memorandum shall also address the long-range
potential of promoting tourism as a means to generate revenue to
operate the airport.
(c) Transfer of Navigation Aids at Midway Island Airport.--The
Midway Island Airport may transfer, without consideration, to the
Administrator the navigation aids at the airport. The Administrator
shall accept the navigation aids and operate and maintain the
navigation aids under criteria of the Administrator.
(d) Funding to the Secretary of Interior for Midway Island
Airport.--
(1) In general.--Chapter 481 is amended by adding at the
end the following:
``Sec. 48114. Funding to the Secretary of Interior for Midway Island
Airport
``The following amounts shall be available (and shall remain
available until expended) to the Secretary of Interior, out of the
Airport and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502), for airport capital
projects at the Midway Island Airport:
``(1) $750,000 for fiscal year 2004.
``(2) $2,500,000 for fiscal year 2005.
``(3) $1,000,000 for fiscal year 2006.
``(4) $1,000,000 for fiscal year 2007.''.
(2) Conforming amendment.--The analysis for chapter 481 is
amended by adding at the end the following:
``48114. Funding to the Secretary of Interior for Midway Island
Airport.''.
Union Calendar No. 72
108th CONGRESS
1st Session
H. R. 2115
[Report No. 108-143]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to reauthorize programs for the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
June 6, 2003
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed