[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[House]
[Pages 14373-14412]
[From the U.S. Government Publishing Office, www.gpo.gov]




      FLIGHT 100--CENTURY OF AVIATION REAUTHORIZATION ACT OF 2003

  The SPEAKER pro tempore. Pursuant to House Resolution 265 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 2115.

                              {time}  1339


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2115) to amend title 49, United States Code, to reauthorize 
programs for the Federal Aviation Administration, and for other 
purposes, with Mr. Bass in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Alaska (Mr. Young) and the 
gentleman from Minnesota (Mr. Oberstar) each will control 30 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, on the occasion of the 100 years of powered flight, I 
rise in support of H.R. 2115, Flight 100--Century of Aviation 
Reauthorization Act of 2003.
  H.R. 2115 addresses the needs of the national aviation system today 
and in turn provides for its future. The Federal Aviation 
Administration oversees and ensures the safe and efficient use of our 
Nation's air space. The bill before us now supports this important 
work.
  It reauthorizes FAA for 4 years and allows for modest increases in 
funding levels for fiscal years 2003 through 2007. H.R. 2115 also 
ensures that the Aviation Trust Fund is used to finance airport 
capacity and safety projects. It also continues to provide general 
funds to pay for FAA safety functions that are in the public interest.
  Additionally, the bill makes a number of important legislative 
changes, such as:
  Funding the Small Community Air Service Program and the Essential Air 
Service Program;
  Increasing the number of slots at Reagan National Airport;
  Streamlining airport project reviews as passed by the House twice 
last year; and
  Prohibiting the privatization of functions performed by air traffic 
controllers.
  It goes without saying that the aviation industry is vital to the 
U.S. economy. H.R. 2115 provides for its stability and, more 
importantly, for its continued growth.
  I want to thank the full committee ranking member, the gentleman from 
Minnesota (Mr. Oberstar), for working with me to draft H.R. 2115. As a 
result of this cooperative effort, we have bipartisan legislation that 
everyone in this House can fully support.
  I especially want to thank the subcommittee chairman, the gentleman 
from Florida (Mr. Mica), and the ranking member, the gentleman from 
Oregon (Mr. DeFazio). H.R. 2115 clearly represents the hard work and 
the long hours they and their staff put into this effort. I appreciate 
their dedication in ensuring that the United States continues to have 
the safest and most efficient aviation system in the world.
  For that reason, I join with the full committee ranking member, the 
gentleman from Minnesota (Mr. Oberstar); the subcommittee chairman, the 
gentleman from Florida (Mr. Mica); and the ranking member, the 
gentleman from Oregon (Mr. DeFazio), in urging the immediate passage of 
this bipartisan bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 7 minutes.
  Mr. Chairman, I, too, of course rise in support of H.R. 2115, Flight 
100--Century of Aviation Reauthorization Act. It is appropriate that we 
apply that title to the bill in this year; it is the 100th anniversary 
of flight. When you think how far the world has come in aviation in 
just 100 years, it is really extraordinary. No other technology in the 
field of transportation can match the speed with which we have advanced 
the cause of aviation in this 100 years.
  We have worked in a very diligent and bipartisan manner over many 
weeks and months; and I want to thank the chairman, the gentleman from 
Alaska, for the frequent and thorough and intensive conversations we 
have had to shape this legislation, come together in agreement on the 
many sticky issues that we had to confront in shaping this bill, and 
the chairman of the subcommittee, the gentleman from Florida (Mr. 
Mica), who has always been available and readily available to discuss 
and iron out the many complex issues.
  I want to compliment the ranking member on our side, the gentleman 
from Oregon (Mr. DeFazio), whose 18-plus years, 20 years of intensive 
work in the field of aviation have paid off in his current position as 
the leader on our side on aviation issues. He has done a splendid job 
in shaping this legislation, which will put America on the course it 
needs to be to continue investment in our aviation airside 
infrastructure, in the modernization of the air traffic control system, 
and in ensuring we have the finest professionals in the world to manage 
that air traffic control system in the form of our air traffic 
controllers and those who support and maintain the technology of 
aviation.

                              {time}  1345

  Though emplanements dipped after September 11, they are on the 
rebound. We are seeing flights return to something approaching pre-
September 11 numbers. Something like 71 percent load factors are 
returning, but yields are down. On average, they are down 4 cents to 5 
cents per revenue passenger mile from what they ought to be to sustain 
the level of revenue we saw in the pre-September 11 era. But that, too, 
will come back. That will return as our economy gains in strength.
  I know that the FAA is projecting over the next 6 years a return to 
600-plus million passengers a year, and 696 million was the level we 
had prior to September 11. Now, when we think that in a world that 
emplaned 1 billion passengers in 2001, and 696 million of those were in 
the United States, it means that this Nation boards two-thirds of all 
the people who travel by air in the entire world.
  So if we are to position ourselves to accommodate that growth in the 
future, then we have to make the investments now in the air side 
capacity of our airports. We have to prepare the taxiways, runways, and 
the air side improvements to accommodate that future growth so we will 
not be left behind, struggling, trying to catch up when it is too late 
and flights have rebounded.
  In that respect, this bill provides $14.8 billion for the Airport 
Improvement Program funding. That is $1.2 billion more than the FAA's 
request. We have $12.3 billion for facilities and equipment over the 
life of this legislation, $200 million of which is specifically 
designated for the Standard Terminal Automation Replacement System, 
STARS, that handles 70 million airport operations a year throughout 
this country. That is a staggering amount and requires a vast capacity 
that this new system will provide.
  We also maintain a level of funding to accommodate the air traffic 
controllers, $31.3 billion for FAA operations over the life of this 
legislation. We have done a good deal to accommodate the needs of small 
airports with essential air service improvements in this bill.
  I recall so very vividly in 1978 sitting on this committee when we 
considered the deregulation of aviation. The question was raised 
whether we would have service to small communities. I offered the 
amendment for essential air service, with the concluding remark to the

[[Page 14374]]

chairman of the Committee, that if we do not pass this amendment, there 
are towns in my district where the only way to get there will be to be 
born there, and I do not want to see that happen again. So we have done 
a good job with those issues.
  Before concluding, I want to engage the chairman in a discussion. But 
I want to thank on our side the staff, Stacie Soumbeniotis, Giles 
Giovanazzi, Ward McCarragher, and, on the Republican side, David 
Schaffer, who have done superb professional work in crafting these 
extremely complicated provisions of this bill.
  Mr. Chairman, I am disappointed that the bill does not go as far as I 
would have liked it to do in guaranteeing that our air traffic control 
system remains the safest in the world dealing with the privatization 
of air traffic controllers. It does not deal with the certification and 
related maintenance of equipment used by air traffic controllers.
  So I think that we did not address this issue in the bill. I think we 
will come to that point in conference. I know the chairman is amenable 
to working towards a solution on this issue, and will work with us in 
conference to ensure that both controllers and air systems specialists 
are protected in the bill Congress sends to the President.
  Mr. YOUNG of Alaska. Mr. Chairman, if the gentleman will yield 
further, I would say that that is correct. I am well aware of the 
proposal the gentleman has suggested. Frankly, I support it myself. But 
as the gentleman knows, we were threatened with a veto if it was 
amended in the committee, so the gentleman and I had a lot of work to 
do in conference, and, of course, the administration.
  I do think that we have to have the safest air system. I believe, Mr. 
Chairman, we do have the safest air system in the world. Some of the 
other countries have changed their systems, but I actually think we are 
doing a better job. It does not mean we cannot improve upon it, but we 
are doing a better job.
  The way we do a better job is keep the professional people in line 
and by making sure they are doing the job correctly, as they have been 
doing, and as the control tower people have done so far. I am well 
aware of it and I will be working with the gentleman.
  As the gentleman knows, this bill will pass today overwhelmingly, I 
believe, and we will have an opportunity to address this issue as time 
goes by.
  I thank the gentleman. I must say for the record, I don't believe 
anybody knows the air business better than the gentleman does. The 
gentleman has been a long time as subcommittee chairman when he was in 
the majority, and he knows this issue. We appreciate working with the 
gentleman, because this is a great value to our country, this 
transportation system we have. I do thank the gentleman.
  Mr. OBERSTAR. Mr. Chairman, I appreciate the chairman's remarks. I am 
delighted that we will be able to work in conference to assure that 
both controllers and systems specialists remain Federal employees.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield the balance of my debate 
time to the gentleman from Florida (Mr. Mica), and I ask unanimous 
consent that the gentleman be permitted to control that time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Alaska?
  There was no objection.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I particularly want to thank the chairman of the full 
committee, the gentleman from Alaska (Mr. Young), the ranking member, 
the gentleman from Minnesota (Mr. Oberstar), and our ranking member of 
the Subcommittee on Aviation, the gentleman from Oregon (Mr. DeFazio), 
for their leadership in trying to bring this measure together and to 
the floor.
  This is a 4-year reauthorization, and it is very difficult. We have 
over 70 members on the full committee and over 40 members on the 
Subcommittee on Aviation, and the White House and all the various and 
sundry interests that want specific provisions in a reauthorization 
bill such as we have before us. But we have come together, and I am 
real proud of the work that the Members have done and the staff.
  I will have a manager's amendment that incorporates some of the 
issues that we have agreed to on a bipartisan basis, and also pledge to 
work with all interests and sides on various issues as we hopefully 
bring this measure to conference.
  Mr. Chairman, this legislation is critical to the future of aviation 
in our country. It is also fitting and I think very appropriate that on 
the 100th anniversary of manned flight by the Wright brothers that we 
bring this rewrite of our Federal aviation policy before the Congress. 
No nation in the world relies more on the safe and efficient operation 
of aircraft than the United States.
  Just think about it: Two-thirds of all the air passengers in the 
world take off from the United States each year and each day, from U.S. 
soil. Without a reliable air transportation system, communities would 
become stranded, families would be separated, time-sensitive cargo 
lost, and countless jobs and opportunities forsaken.
  This bill, H.R. 2115, also referred to as Flight 100, addresses the 
many pressing needs of our aviation system. We know it has been through 
a great deal of turmoil since September 11. I believe it also provides 
good elements for its future.
  This legislation keeps our promise to the flying public and builds on 
the landmark successes of its predecessor legislation, known as AIR-21. 
This legislation continues the guarantee that all the taxes and 
revenues paid into the Aviation Trust Fund are fully spent, and that 
airport improvements and air traffic control modernization that is so 
important is fully funded.
  H.R. 2115 provides the funding necessary for the administration to 
operate air traffic control systems to the very highest standards of 
safety, and also allows us to modernize our outdated air traffic 
control system. It also increases the funding to airports to help build 
the capacity we need for future economic growth. This bill also makes 
much needed reforms to FAA's management structure by redefining the 
role of the chief operating officer.
  I am pleased to see the administration within the last 24 hours has 
named that chief operating officer, and this legislation will clearly 
define the responsibilities of that position as it relates to the 
administrator of FAA.
  It makes also, I think, a greater success of our Small Community Air 
Service Pilot Program, and it reforms the Essential Air Service Program 
to ensure that communities that need this service will continue to 
receive air service.
  The bill streamlines the environmental review process for urgent 
airport capacity projects, and it does so without weakening any of the 
underlying environmental statutes or requirements. It also authorizes 
compensation to general aviation entities for losses resulting from 
security mandates. Again, they have not been reimbursed like the 
airlines or other entities that the Congress has previously provided 
for.
  A lot of hard work has gone into this legislation, and I think we 
have worked diligently with the other side of the aisle to craft 
careful and meaningful compromises. The aviation industry in the United 
States is still the strongest in the world, and we must keep it that 
way. This legislation provides the stability and funding to ensure that 
we will continue to lead the aviation industry of the world.
  This is a good, bipartisan piece of legislation, and I urge all of 
the Members to join in support of this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent that the 
gentleman from Oregon (Mr. DeFazio) manage the balance of the bill in 
general debate on our side, including authority to yield time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Minnesota?

[[Page 14375]]

  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong support of this legislation, and want 
to thank all the members of the committee and also particularly the 
ranking member, the gentleman from Minnesota (Mr. Oberstar), the 
chairman, the gentleman from Alaska (Mr. Young), and the gentleman from 
Florida (Mr. Mica), the subcommittee chairman, for the effort they and 
all our staff have put into this bill.
  This is a good piece of work. It is a potential foundation for the 
second 100 years of the aviation industry in this country, an industry 
that contributes well in excess of 10 percent to our gross domestic 
product on an annual basis. It will begin to anticipate and invest in 
meeting the needs of the future.
  There are a lot of folks that have seen the fall-off in air traffic, 
and they have forgotten the delays of 2 years ago and the capacity 
constraints of 2 years ago. But I have not and the members of the 
committee have not. It is going to require more investment, and there 
is significant investment in this bill over and above what was 
requested by the administration to begin to meet those capacity needs, 
in partnership with local communities and local airport authorities.
  It also does include some environmental streamlining provisions which 
will not do violence to the National Environmental Policy Act, but will 
help move some of the bureaucratic impediments and sequential referrals 
and things that have gone on that have delayed unnecessarily projects 
that ultimately were found to have merit and to meet the environmental 
constraints and laws of the United States. We need to move some of 
these projects ahead more quickly, and this, I believe, will help 
facilitate that.
  I am particularly happy with the air service section of the bill.

                              {time}  1400

  I represent what has become an underserved community because of the 
dominance of one major carrier who has chosen, despite the 
profitability of that market, to divest itself of service and 
substitute a substandard so-called express service.
  There are many of us across the Midwest and the western United States 
and even in the East struggling with these sorts of issues. There are 
many communities that have no service whatsoever. So the improvements 
we are making in the essential air service authorization here are 
essential. The new pilot program that would allow other than the 
traditional essential air service program, which can sometimes be kind 
of lame, is to be undertaken by the Secretary. And, finally, the new 
section which I think is going to be the great benefit to airports like 
mine and other airports across the country that have seen a diminution 
in service is the Small Community Air Service Development program, 
which would, with language we have put in the bill, require and give 
preference to communities that are willing to partner with the 
government in terms of a contribution and also can demonstrate the 
potential sustainability of their plan. Not just a potential pilot 
program which essentially becomes another name for an EAS program, but 
something to encourage innovation, to attract in new carriers that 
could provide a permanent presence and a new competition and 
improvement in service to those communities. There are many of us that 
desire to facilitate that.
  Also, being a west coast Member, the issue of Washington National 
Airport and the sort of outmoded restrictions we see there is also 
accommodated to some extent in the bill.
  Flight attendants will get at least some small recognition for the 
vital service they provide the traveling public on a daily basis, where 
they are going to get a certificate when they have completed their 
training, which hopefully with the uncertainties in the industry, the 
bankruptcies and the layoffs, will give them some portability and 
viability perhaps to move to new jobs if they lose theirs or there are 
other problems.
  We begin to anticipate the huge looming retirement of air traffic 
controllers with this bill and to require or authorize the hiring of 
replacements who have quite a long training window, and we need to move 
ahead with that so we do not have a crisis.
  The cabin air-quality hearings which we had last week revealed that 
we are basically not monitoring cabin air quality; and where we do not 
monitor, we do not have a problem. But the few monitoring samples that 
have been done do show problems, and we are going to require studies 
that were called for by the National Academy of Sciences to be 
undertaken by the FAA.
  Finally, the air traffic control system, there is no more successful 
model in the world of an efficient, well-operating, privatized air 
traffic control system. Those that do exist have had to be dramatically 
subsidized, reinvested in by the governments that went down that route. 
And when I recently met with the Chair of the committee of jurisdiction 
from the Parliament, she said, Do not go there. Look at the mistakes we 
made in Great Britain. And I am pleased to see the provisions in the 
bill that relate to that. All in all, Flight 100 is a great foundation 
over the next 4 years for the next 100 years of flight in the United 
States.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Tennessee (Mr. Duncan), a senior member of the 
Subcommittee on Aviation and immediate past Chair of the subcommittee.
  Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I rise in very strong support of this legislation, 
which has been entitled Flight 100. It is a very important bill for our 
entire Nation. It is important even for those who never fly because a 
strong aviation system is so vital to our entire economy.
  I want to commend the gentleman from Florida (Mr. Mica) and the 
ranking member, the gentleman from Oregon (Mr. DeFazio), and the 
ranking member of the full committee, the gentleman from Minnesota (Mr. 
Oberstar), whose knowledge of the aviation system we all admire so 
much, and our great chairman, the gentleman from Alaska (Mr. Young), 
for this bill.
  As the gentleman from Florida (Mr. Mica) mentioned, I had the 
privilege of chairing the Subcommittee on Aviation for 6 years; but I 
cannot tell you how much I admire and respect the work that the 
gentleman from Florida (Mr. Mica) has done. No one could have done a 
better job as chairman of that subcommittee. And I certainly appreciate 
all the work he has done because that subcommittee has to deal with 
some very difficult and contentious issues at times, and that has been 
particularly so over the last couple of years.
  This bill continues what I think was very good work that we did in 
the AIR 21 legislation that I had the privilege to work on while I was 
chairman of the subcommittee. I especially want to mention, as the 
gentleman from Oregon (Mr. DeFazio) did, the environmental streamlining 
provisions, because we have had so many hearings that said projects 
were costing three times as much as they should and taking an average 
of 10 years to complete because of convoluted and confusing 
environmental rules.
  I know the main runway at the Atlanta airport took 14 years from 
conception to completion, but only 99 days of actual construction.
  I appreciate the provisions in regard to general aviation which is so 
important to this Nation's economy, and small and medium-sized 
airports, because that is vital to areas like mine.
  I want to thank the gentleman from Florida (Mr. Mica) for the 
provisions concerning Midway Island and making that eligible for AIP 
funding because that is something that means so much to so many 
veterans.
  Finally, to the National Safe Skies Alliance, which has done so much 
work on aviation safety and security. I urge support for this bill.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Millender-McDonald).
  Ms. MILLENDER-McDONALD. Mr. Chairman, I rise to engage the gentleman 
from Minnesota (Mr. Oberstar) in a colloquy.
  As the senior member on the Subcommittee on Aviation from California, 
I wish to bring to the attention

[[Page 14376]]

of this body the rapidly developing public air travel access and 
passenger capacity needs at certain airports across the country.
  With national growing capacity needs and growth issues, airports must 
address attendant safety factors. In 2002, Long Beach Airport was the 
fastest-growing commercial airport in the country at an annual growth 
rate of 300 percent. Therefore, I respectfully request that the Federal 
Aviation Administration and Congress take under advisement such 
capacity and growth issues and give appropriate consideration in 
awarding grants under the Airport Improvement Program for airports that 
are experiencing major growth. Specifically, I ask the FAA to take 
under strong consideration the needs for runway rehabilitation in these 
airports across the country that are impacted by rapid growth.
  I ask the gentleman from Minnesota (Mr. Oberstar), the ranking 
member, we as members of the Subcommittee on Aviation and the full 
committee have worked hard to produce an aviation reauthorization bill 
that will sustain growth and enhance capacity as well as address 
ongoing safety needs. Providing much-needed resources to these growing 
airports across the country is within the principle and spirit of this 
aviation reauthorization bill.
  Mr. OBERSTAR. Mr. Chairman, will the gentlewoman yield?
  Ms. MILLENDER-McDONALD. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I commend the gentlewoman from California 
(Ms. Millender-McDonald) for her persistence and continuous leadership 
on this capacity issue, as well as many other transportation matters 
within the jurisdiction of our committee.
  Resources for airport growth is an essential feature of this 
legislation. The gentlewoman has worked very hard and reminded the 
committee of these capacity requirements over the coming years. The 
bill specifically improves those funding measures substantially over 
even AIR 21 and previous legislation.
  Five years ago, Congress provided only $1.9 billion for the airport 
improvement program (AIP). In AIR 21, we substantially increased AIP 
funding. Flight 100 builds upon the success of AIR 21 and continues to 
grow the program to meet anticipated capacity issues. In total, the 
bill provides $14.8 billion for AIR over 4 years, $1.2 billion more 
than the Administration's request. Airport development funding will 
grow from the current level of $3.4 billion to $4 billion in FY 2007. 
Moreover, these funds are guaranteed under flight 100.
  With Flight 100, we will continue to make headway toward addressing 
our enormous airport development needs.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentlewoman from New 
York (Mrs. Kelly), who is also a senior member of our Subcommittee on 
Aviation.
  Mrs. KELLY. Mr. Chairman, my purpose in rising is to express my 
strong support for the passage of H.R. 2115, Flight 100.
  Three years ago, we passed landmark legislation under the 
chairmanship of Chairman Shuster, which increased dramatically Federal 
investment in our aviation system.
  As we all know, the country has undergone fundamental changes since 
the enactment of AIR 21; and few, if any, industries have been so 
directly affected by our new circumstances. The legislation we have on 
the floor today is important because it builds on the accomplishments 
of AIR 21 and helps our aviation system adapt to new changes. Air 
transport is a large and very important part of the U.S. economy, and 
safety is a focus of not only the industry itself but of this bill.
  The central feature of this bill is that it continues protections for 
the aviation trust fund that we achieved with AIR 21. These procedural 
protections which ensure the revenue generated by aviation taxes will 
be dedicated solely to aviation improvements have had a substantial and 
positive effect on Federal investment levels in aviation. In the first 
year of AIR 21 alone, funding for the Airport Improvement Program 
increased by $1.3 billion. Funding for the Facilities and Equipment 
Program increased by $700 million in the first year.
  This bill maintains a strong focus on safety. It sets us on a path 
that will allow us to accommodate the continued growth of the system 
that we expect and we desire.
  So I thank the gentleman from Alaska (Mr. Young) and the gentleman 
from Florida (Mr. Mica) for their efforts in getting this bill to the 
floor. And I would like to take note of my appreciation for their 
inclusion of a provision affecting our air traffic controllers and 
flight attendants. Once again, I urge a positive vote on this measure.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Indiana (Ms. Carson).
  Ms. CARSON of Indiana. Mr. Chairman, I would like to first and 
foremost commend the leadership of the Committee on Transportation and 
Infrastructure, the gentleman from Alaska (Mr. Young) and the gentleman 
from Minnesota (Mr. Oberstar), and those who are ranking here 
representing this Flight 100, in recognition of the flight of the 
Wright brothers' incredible and ingenious invention, an item that seeks 
to annihilate space and circumscribe time.
  I am particularly pleased that the protection for the air traffic 
controllers has been contained in this major piece of legislation. 
Individuals who lowered 4,000 flights without incident on 9-11 
certainly need to be protected for their good work and their expertise.
  Mr. Chairman, I had wanted very badly to have an amendment in here, a 
sense of Congress that would encourage the Department of Transportation 
to give preference to new entrants into the aviation market in terms of 
different routes that will eventually culminate in this particular 
legislation. While I support the major airline industry in this 
country, and use them twice a week, I think it would be beneficial to 
be very consumer friendly to allow some of your lesser-known carriers 
to be new entrants into this market to enable them to fly to, say, 
Washington Reagan National Airport at a more consumer-friendly cost 
than what we are having to pay at present. And we would trust that the 
Department of Transportation would look at that as a possibility as 
this measure goes forward.
  Mr. Chairman, I commend those who worked laboriously to ensure the 
passage, and I support the passage of Flight 100.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Texas 
(Mr. Burgess), a member of the full committee.
  Mr. BURGESS. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I am pleased to join my colleagues in support of H.R. 
2115. A vibrant and strong aviation industry is critical to our 
Nation's long-term economic growth. Over 10 million people are employed 
directly in the aviation industry. For every job in the aviation 
industry, 15 related jobs are produced.
  The aviation industry accounts for over $800 billion of the country's 
gross domestic product. Just as the aviation industry is a catalyst for 
growth in the national economy, airports are a catalyst of growth for 
their local communities. Airports create over $500 billion in economic 
activity and directly employ 1.9 million people. Almost 2 million 
people a day and 38,000 tons of cargo pass through our Nation's 
airports each day.
  The aviation industry is important to me and my constituents in the 
26th district of Texas. The Dallas-Fort Worth Airport and American 
Airlines are headquartered in my congressional district. In my district 
alone, the aviation industry directly and indirectly employs over 
50,000 people.
  Aviation also links our Nation's citizens and communities to the 
national and world marketplace. Without access to integrated air 
transportation networks, communities cannot attract the investment 
necessary to grow or allow homegrown businesses to expand. A modern and 
fully funded aviation network is fundamental to making sure that all 
Americans can participate fully in the economy.

[[Page 14377]]

  Airports are economic development engines. Airport development is a 
real economic stimulus that creates both immediate jobs and long-term 
economic development. Once this bill is enacted, my constituents will 
have the tools and resources necessary to attract even more air 
service-related economic development, and most importantly, further 
expand their connections to the national and global economy.
  Mr. Chairman, the FAA reauthorization bill meets the challenges 
facing our Nation's aviation system: increasing security, expanding 
airport safety and capacity, and making sure all of our Nation's 
communities have access to the network. I strongly support H.R. 2115 
and look forward to its passage today.

                              {time}  1415

  Mr. DeFAZIO. Mr. Chairman, I yield 2\1/4\ minutes to the gentleman 
from New Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Chairman, I rise today in strong support of the 
Century of Aviation Reauthorization Act, and I want to commend the 
gentleman from Florida (Mr. Mica) and the gentleman from Oregon (Mr. 
DeFazio) because they have stressed so specifically the need for 
security in our airports, and they have worked diligently on that 
subject in terms of their leadership.
  Working in a bipartisan manner, the committee has done an admirable 
job forging reasonable compromises on many issues. In the past 18 
months, the Congress and the American people have made airport security 
and airline stabilization the primary focuses of aviation policy, and 
it is fitting to focus on our aviation capacity and safety needs again.
  The Airport Improvement Program funding authorized in this bill will 
have the added benefit of putting people to work in a time of 6.1 
percent unemployment. One issue that remains a top priority for me is 
funding for the national airspace redesign in the operations and 
maintenance account.
  With a national airspace that looks as if it was designed in the time 
of the Wright brothers, AIR 21 did a good job of providing funds to 
stop the comprehensive design. H.R. 2115 allows that work to continue.
  In 1998, FAA administrator Jane Garvey came to Newark airport and 
announced that the National Airspace Redesign would begin in the New 
York/New Jersey/Philadelphia region. I know that the FAA is still 
working on that segment of the design, and they hope to have a draft 
environmental impact statement next year.
  The completion of the redesign will benefit Newark Liberty 
International Airport immensely by reducing delays, and it could 
potentially benefit New Jersey residents with air noise reduction.
  Let me reiterate a point included in the committee report, if I may, 
that reminds the FAA that environmental streamlining provisions in the 
legislation have not been drafted to undermine the National 
Environmental Policy Act and we also worked that out. I urge the House 
to improve this important legislation.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Indiana (Mr. Chocola), an outstanding new Member and 
also the vice chair of our subcommittee who is doing a great job.
  Mr. CHOCOLA. Mr. Chairman, I want to thank the gentleman for yielding 
me the time. I also want to commend the distinguished chairman for his 
good work on this bill.
  Mr. Chairman, I rise today in support of this bill. In December of 
1903, on the sands of Kitty Hawk, North Carolina, the Wright brothers 
achieved the milestone of manned, controlled, powered flight, and with 
that historic first flight, the aviation age was born. Since that time, 
the Federal Aviation Administration has developed alongside the 
aviation industry. We are here today obviously working on a 4-year 
reauthorization of that government agency.
  The FAA does a lot of good things, but like every government agency, 
the FAA needs to be a good steward of taxpayer dollars. While the 
Subcommittee on Aviation was considering this bill, we heard from the 
General Accounting Office about $5.4 million in government credit card, 
also known as purchase cards, abuses by the employees of the FAA. Some 
examples of that abuse include purchase of Palm Pilots and accessories 
such as keyboards and leather cases from Coach costing almost $67,000. 
They also uncovered individual subscriptions to Internet service 
providers totaling $17,000; store gift cards to places like Home Depot, 
WalMart, and there are several other examples.
  In their report, the GAO made a number of recommendations to 
strengthen FAA's internal controls of this purchase card program and 
decrease wasteful spending and improve accountability. I offered an 
amendment during consideration of this bill to direct the FAA 
administrator to implement the GAO's recommendations and then report 
back to Congress in 1 year and tell us how they are doing, and I am 
happy to report that the amendment was adopted.
  Mr. Chairman, I believe we need to be better stewards of taxpayer 
dollars, and this small step will lead us in the right direction. The 
FAA is committed to a sound purchase card program and is taking action 
to strengthen controls, but we have an obligation to ensure that the 
FAA takes the necessary steps to manage their purchase card program 
responsibly.
  Mr. Chairman, I think this is a good bill, and I urge my colleagues 
to support it today.
  Mr. DeFAZIO. Mr. Chairman, could I inquire of the Chair as to the 
time available on each side?
  The CHAIRMAN. The gentleman from Oregon (Mr. DeFazio) has 10\1/4\ 
minutes remaining, and the gentleman from Florida (Mr. Mica) has 15 
minutes remaining.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Eddie Bernice Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, let me express my 
appreciation for the extraordinary leadership of this Committee on 
Transportation and Infrastructure and this subcommittee in general in 
working together to formulate this bill, and I especially would like to 
voice my support for section 420 of the bill which has important 
implications for the aviation safety.
  Over the last several weeks, I have heard from aviation repair 
stations in the Dallas/Fort Worth area that have told horror stories 
about the manufacturers refusing to make critical maintenance data 
available. I was contacted by one repair facility located in the Fort 
Worth area that has had firsthand experience with the problem that 
section 420 seeks to remedy.
  In 1999, one of the manufacturers whose products the facility is 
authorized to maintain was charging just under $5,000 to keep three 
maintenance manuals current for 3 years. Now that same manufacturer is 
charging more than $20,000 to keep those manuals current for just 1 
year. That price increase is outrageous and unwarranted, and this is 
just one example of aviation manufacturers taking advantage of the 
small businesses, and small businesses hire more people in Texas than 
any other type of business.
  Mr. Chairman, we cannot sit by and allow manufacturers to deny access 
to critical maintenance information, so that we can keep our planes 
safe for the skies. We cannot sit by as the FAA fails to enforce its 
own regulations. Section 420 will remedy this situation if it is 
allowed, and, in turn, we will improve aviation safety and security.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2\1/4\ minutes to the 
gentleman from Arkansas (Mr. Boozman), one of our most active members 
on our subcommittee.
  Mr. BOOZMAN. Mr. Chairman, I rise today in support of H.R. 2115, and 
I commend the gentleman from Alaska (Mr. Young), the gentleman from 
Florida (Mr. Mica), the gentleman from Minnesota (Mr. Oberstar), and 
the gentleman from Oregon (Mr. DeFazio) for their efforts to bring this 
legislation to the floor.
  H.R. 2115 protects the needed investment in our aviation system, and 
while doing so, it addresses the needs of our

[[Page 14378]]

small communities. Most of us here in Congress represent small 
community airports. There are only a few airports the size of Chicago, 
Atlanta, or Los Angeles. In fact, over 60 percent of our airports are 
small airports.
  That is why it is so important that H.R. 2115 continues the Small 
Community Air Service Development Pilot Program. This program is 
devoted to developing air service to smaller communities. Fort Smith, 
Arkansas Regional Airport, from my District, was fortunate enough to be 
one of the 40 airports selected to participate in this program. I am 
pleased to report that the program has been instrumental in enhancing 
air service in Fort Smith. They are truly a success story. The 
continuation of the Small Community Air Service Pilot Program is very 
important to small airports.
  Another feature of this bill that works to support needs of small 
communities is the continuation of Essential Air Service. I commend the 
entire Committee on Transportation and Infrastructure for working 
together to improve the EAS program. The gentleman from Kansas (Mr. 
Moran) worked very hard on this program, and I thank him for his 
efforts.
  EAS provides air service to rural airports that would normally not be 
able to support a commercial air carrier in their community. In my 
District, Boone County Airport in rural Harrison, Arkansas depends on 
the EAS program for commercial service. The continuation and full 
funding of EAS is necessary for these rural communities. They simply 
cannot afford to pay a high-cost share to sustain service, and above 
all, they cannot afford to lose service.
  H.R. 2115 adequately funds the EAS program and creates a community 
choice program that will allow communities to take ownership.
  I ask support for the legislation.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the other gentleman 
from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Chairman, I thank the other gentleman from Oregon 
for his courtesy.
  Mr. Chairman, the modern airport is a building block of a livable 
community. Air transportation is essential to cities being competitive 
in a global economy and being integrated into the national 
transportation framework.
  It is time for us to start making plans for what the role of airports 
should be in the future so that they do not pose a threat to livability 
and are truly integrated with other modes of transportation.
  The manager's amendment contains two items I think can help point the 
way towards better, long-term integration among aviation, rail, and 
surface modes. First, there is an effort to clarify and publicize how 
passenger facility charges can be used to assist in the development of 
ground access projects. For too many people, the worst part of the trip 
is trying to get to and from the airport.
  Second, there is a provision that requires plans for airport and 
runway construction and expansion to be shared between the airports and 
the metropolitan planning organizations. Currently, there is no 
guarantee that the aviation and surface transportation agencies are 
even talking to each other, let alone actually planning together.
  A sound transportation process includes all the players and respects 
their obligations and responsibilities, and it will work to the benefit 
of all.
  Twelve years ago, with the ISTEA legislation, Congress started a 
revolution in how our communities' transportation services are 
provided. It gave local communities more flexibility and provided 
strong signals that it made sense to plan comprehensively and to work 
intermodally. It is time for us to think about the next step of the 
transportation revolution as it relates to aviation, and extend these 
concepts to the other interrelated modes of rail, aviation and surface 
transportation.
  I appreciate the courtesy of the subcommittee in including these 
provisions in the bill to at least start some cooperation between the 
modes, and hopefully in the future we can break down those barriers 
further and make more progress to truly having an integrated, seamless 
transportation system with airplanes, the critical role that we know 
that it needs for tomorrow's future.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Kansas (Mr. Moran), who is a member of our subcommittee 
who represents probably the largest aviation manufacturing facility, 
and does it so well, in the United States.
  Mr. MORAN of Kansas. Mr. Chairman, I thank the gentleman from Florida 
(Mr. Mica) and the committee staff for the opportunity to be here today 
and for the quality piece of legislation that addresses many important 
concerns back home to the State of Kansas.
  I am grateful for the opportunity that we have had to work together, 
particularly in regard to Essential Air Service reform. This is maybe 
the most significant reform we have had since this program was created 
25 years ago.
  The EAS provisions included in this bill give small and rural 
communities a greater role in the EAS process. Besides preserving its 
funding, it will also allow small communities to better tailor their 
local air service to their unique individual needs. It is vital small 
communities across the country remain connected to the national air 
network.
  This legislation also provides increased funding for the AIP, Airport 
Improvement Program, that is essential in maintaining our Nation's 
airports, both large and small, and continues funding for our Nation's 
contract tower program, a vital program that improves the safety for 
small community airports.
  Mr. Chairman, one section of the bill that remains a concern to me is 
section 420 that addresses the availability of maintenance information. 
This provision has some economic ramifications for aviation 
manufacturers. We discussed this issue in the full committee markup, 
and I appreciate my colleague's continued involvement and his 
responsiveness to the issue I have raised. The manager's amendment that 
the gentleman has offered will address some of the concerns. However, a 
couple of key safety and liability issues remain to be resolved.
  Mr. Chairman, as my colleagues know, I drafted an amendment that I 
think would be a satisfactory compromise on this issue, which I will 
not offer, but would ask for the gentleman's continued support and 
discussion as we try to find satisfactory resolution to this issue that 
is very important to the aviation manufacturing industry.
  I again thank the gentleman for all the efforts that he has put into 
this legislation.

                              {time}  1430

  Mr. MICA. Mr. Chairman, will the gentleman yield?
  Mr. MORAN of Kansas. I yield to the gentleman from Florida.
  Mr. MICA. Mr. Chairman, I do appreciate the serious concerns that the 
gentleman from Kansas has raised relating to the repair manuals and 
other information that should be made available, and we will work with 
the gentleman to make sure that the concerns raised are addressed.
  Mr. MORAN of Kansas. Mr. Chairman, I thank the gentleman from 
Florida.
  Mr. Chairman, let me begin by thanking you for your efforts in 
drafting H.R. 2115, the Flight 100--Century of Aviation Reauthorization 
Act. This legislation is vital for the continuation of our nation's 
aviation system.
  I would like to thank you, Aviation Subcommittee Chairman Mica, and 
the Committee staff for your assistance in creating a quality piece of 
legislation that addresses many important concerns for state of Kansas.
  I am grateful for the opportunity to work with you in crafting the 
most significant Essential Air Service (EAS) reform since the program's 
inception twenty-five years ago. The EAS provisions included in this 
bill give small and rural communities a greater role in the EAS 
process. Besides preserving funding, it will allow small communities to 
better tailor their local air service to their unique individual needs. 
It is vital that small communities across the country remain connected 
to the national air network.
  Their legislation provides increased funding for the Airport 
Improvement Program (AIP)--

[[Page 14379]]

essential in maintaining our nation's airports--both large and small. 
Also, this bill provides continued funding for our nation's contract 
tower program--a vital program that dramatically improves the safety of 
small community airports.
  Mr. Chairman, one section remains that still concerns me--Section 
420--the section that addresses the availability of maintenance 
information. As you know, this is a controversial provision because of 
its dramatic economic ramifications for aviation manufacturers--many of 
whom, I might add, are laying off workers and temporarily closing their 
production lines. Aviation manufacturing is vital to the Kansas 
economy. It is our second largest industry behind agriculture. Also, 
more than 60 percent of the general aviation aircraft produced in the 
United States originates in Kansas. We discussed this issue during the 
Full Committee markup and I am appreciative of your continue 
involvement and your responsiveness to the issues I raised. The 
manager's amendment does address my concerns with the bill's language 
addressing the cost of maintenance manuals.
  I continue to have concerns with Section 420 because we have not held 
a hearing on the issue, we have not heard from the FAA or the NTSB on 
the issue, and no one has shown me evidence that this provision will 
address a safety problem, if one in fact exists. Also, I have yet to 
see evidence that manufacturers are over-charging for these manuals.
  If the case has not been made that such an immediate safety issue 
exists, why is Congress getting involved in the economic regulation of 
the aviation industry? Mr. Chairman, unless it an urgent and 
significant safety issue, I think we should be reluctant to intervene 
in the marketplace. I still believe we should first ask the FAA to 
study this issue in order to define the key terms of this legislation. 
Why pull the trigger without asking questions first?
  Mr. Chairman, I drafted an amendment that I believe is an amenable 
compromise on this issue. However, rather than offer an amendment on a 
little-known and complex issue, I ask that you continue to work with 
me, the aircraft manufacturers, and the repair station industry, so a 
mutually agreed upon compromise--one that satisfies all parties--can be 
crafted during conference. I specifically ask for you commitment to 
address the following issues:
  (1) For safety purposes, language to protect manufacturer oversight;
  (2) Manufacturer liability concerns;
  (3) In keeping with the current scope of the regulation, to include 
in section (a) the terms ``type certificate holder,'' ``supplemental 
type certificate holder,'' and ``amended type certificate holder''; and
  (4) The definition of ``design approval holder.''
  Again, I sincerely thank you and your staff for adopting the language 
contained in the manager's amendment--this is definitely a step in the 
right direction. Mr. Chairman, again, thank you for your consideration 
and your assistance.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Hawaii (Mr. Case).
  Mr. CASE. Mr. Chairman, I thank the committee for what I think is a 
good bill. My purpose in rising today as this bill goes forward is 
simply to highlight the absolute dependence on some parts of our 
country on air service, and thus the absolute importance of the 
essential air services portion of the law and of this bill, and also 
the necessity as we go forward of avoiding one-size-fits-all thinking 
when we deal with the problems of our rural communities in addressing 
EAS.
  In fact, imagine a district in which air service is truly 
indispensable to providing the basic necessities, to transporting 
residents, to providing emergency medical service, and to the survival 
and prosperity of our number one industry, tourism, and several other 
important industries based on, for example, agricultural exports.
  That is Hawaii today, and that is my second district, a district that 
has all of Hawaii other than urban Honolulu and is composed of seven 
inhabited islands. It is absolutely unique.
  Let me give an example of how this fits into one-size-fits-all 
thinking. A great deal of discussion is given in essential air services 
to how far airports are apart from each other, and both the gentleman 
from Pennsylvania (Mr. Peterson) and the gentleman from Pennsylvania 
(Mr. Pitts) are offering amendments which I fully support which deal 
with how far is an airport. Well, the airport on Molokai is somewhere 
around 40 miles from Honolulu International Airport. Not too far, but 
there is no road. No road. It is on another island, so we have to think 
about unique circumstances. The options are nonexistent, no driving, no 
highways, no rail, no trains, no Amtrak subsidies, no ferries, cannot 
do that. It is airplane, period.
  We are also in a very difficult period of adjustment in our 
interisland air travel. One airline is now in bankruptcy so we face the 
possibility of a monopoly with fees increasing and capacity reducing. 
We do have EAS designation for three extremely rural airports in 
Hawaii, and that is very appropriate; but I could easily make the 
argument that all Hawaii airports, big or small, rural or urban, are 
essentially EAS airports.
  In conclusion, I simply want to highlight the absolute necessity of 
EAS to States like Hawaii.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Montana (Mr. Rehberg), the former lieutenant governor of the State of 
Montana.
  Mr. REHBERG. Mr. Chairman, I thank the gentleman for recognizing the 
differences between districts. The gentleman from New York (Mr. 
Crowley) is going to be speaking, and I want to highlight why essential 
air service is important to the State of Montana.
  The gentleman from New York had to come all of the way to the State 
of Montana to find his future wife, but our districts could not be more 
dissimilar. He represents 75 square miles with LaGuardia in the middle. 
My district spans the distance from Washington, D.C. to Chicago. 
Washington, D.C. to Chicago. We have eight communities. When I travel 
back to my district, it takes me 7 hours to get to my district by air. 
I jump in a car, and just to get to one of the communities to have a 
listening session on an Indian reservation, it takes me another 6 hours 
to drive. We need essential air.
  This country made a commitment in rail many years ago. It made a 
commitment in our interstate system many years ago, and it made a 
commitment to essential air service. I cannot think of a more 
appropriate name than essential air service.
  When I came to Congress, I said I want to know about other people's 
districts so I know what kinds of things they are confronted with. I 
can see the problem between islands that the gentleman from Hawaii 
spoke about. People cannot swim necessarily between islands. Do you 
want grandmother and grandpa driving 324 miles to get to the hospital? 
They have no alternatives. They cannot get on Amtrak; they cannot call 
a cab and ride 324 miles to see their doctor. We need essential air 
service. This committee and this Congress has made that recognition 
through this bill, and I hope Members will look favorably upon the 
bill; and I thank the gentleman from Florida (Mr. Mica) for his hard 
work on this bill, and I thank the gentleman from New York (Mr. 
Crowley) for taking his wife and moving her to New York.
  Mr. DeFAZIO. Mr. Chairman, may I inquire as to the time remaining.
  The CHAIRMAN. The gentleman from Oregon (Mr. DeFazio) has 4\1/2\ 
minutes remaining, and the gentleman from Florida (Mr. Mica) has 9 
minutes remaining.
  Mr. DeFAZIO. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I would like to respond to the gentleman 
from Montana (Mr. Rehberg), but I do not have the time to do it right 
now.
  I rise to engage in a colloquy with the gentleman from Oregon (Mr. 
DeFazio) and the gentleman from Florida (Mr. Mica) and call attention 
to the serious issue of noise pollution and the effects of airport 
noise in the communities surrounding LaGuardia Airport in Queens and 
the Bronx, New York, as well as the other communities surrounding the 
four airports of the Port Authority of New York and New Jersey.
  To date, the Port Authority of New York and New Jersey has 
continually refused to provide for residential soundproofing for these 
homes or to

[[Page 14380]]

undertake a part 150 noise compatibility study, which would allow the 
Port Authority to tap into tens of millions of Federal noise abatement 
dollars for residential soundproofing.
  If one looks at the 10 largest airports in America, all of them spend 
money on residential soundproofing except the Port Authority of New 
York and New Jersey, which governs LaGuardia Airport, Kennedy Airport, 
Teterboro Airport, and Newark Airport.
  While the Port Authority has contacted me to state they would be 
willing to work with my office and our congressional delegation, 
including the gentleman from New York (Mr. Ackerman), the gentlewoman 
from New York (Mrs. Lowey), and the gentleman from New York (Mr. 
Weiner), to address these noise problems, it is my hope and the hope of 
the communities surrounding LaGuardia Airport that they will begin 
residential soundproofing of homes.
  That is why I would like to address this issue and request assistance 
to work with me on crafting report language to make the Port Authority 
of New York and New Jersey a better and more responsible neighbor, so 
they will address noise problems created at their airports, especially 
as they affect residents living near these airports.
  Mr. DeFAZIO. Mr. Chairman, will the gentleman yield?
  Mr. CROWLEY. I yield to the gentleman from Oregon.
  Mr. DeFAZIO. Mr. Chairman, I commend the gentleman from New York (Mr. 
Crowley) on his fierce advocacy on this issue and the fact that we are 
beginning to see some movement on the part of the Port Authority. It is 
astounding they have not undertaken such a study. I want to continue to 
work with the gentleman and the Chair and others to see that we begin 
to move ahead on this issue.
  Mr. MICA. Mr. Chairman, will the gentleman yield?
  Mr. CROWLEY. I yield to the gentleman from Florida.
  Mr. MICA. Mr. Chairman, I thank the gentleman for raising this 
important issue before the House, and I look forward to working with 
him to come to a fair solution to the problem raised by him.
  Mr. Chairman, I yield 2 minutes to the gentleman from Nebraska (Mr. 
Terry), a former member of the Committee on Transportation and the 
Infrastructure.
  Mr. TERRY. Mr. Chairman, I rise in support of this important bill. It 
continues the philosophy embraced in AIR 21, which accomplished two 
significant things. First of all, it recognized the importance of the 
infrastructure of our airports and the necessity to modernize and 
expand. I am proud that this bill embraces that philosophy. The Omaha 
Epplay Airport at one time was one of the fastest growing airports in 
the Midwest and certainly requires additional infrastructure.
  Also in regard to safety, once you are in the air with the capacity 
that is necessary to move people back and forth in today's economy, it 
is necessary that we modernize in that area; and I am proud that this 
bill continues to modernize and make air travel even safer.
  I do, however, have concerns about what I call the ``front end 
security'' in our airports. That is a variety of different issues that, 
I think while the gentleman is helping air travel with this bill, I 
worry that with the convoluted, confusing airport security in our 
airports today that we are not chasing passengers away. The number of 
airports that I have walked through since we have adopted airport 
security, I see the number of screeners and baggage handlers more than 
double, but what I see is longer lines. From my view, just as 
efficient, if not less efficient, airport screening. I see different 
rules from one airport to another in regard to how they handle baggage 
and requirement of IDs.
  I have heard from many of my constituents complaints about the 
arrogance of those people now checking the bags and the difficulties 
that they have had. We did not hear those types of stories before. 
Maybe some of that comes from the fact that the Federal security 
directors in these airports are mostly retired military.
  Mr. Chairman, are these issues going to be addressed by the 
committee?
  Mr. MICA. Mr. Chairman, I yield myself 30 seconds to answer the 
gentleman's question.
  Mr. Chairman, I want to assure the gentleman from Nebraska that while 
we do not address in this particular legislative measure before us 
today security issues raised by the gentleman, they will be addressed 
in a separate piece of legislation that is now pending, consideration 
by leadership and homeland security. Certainly all of the issues that 
the gentleman raised have been raised by other Members, and we will try 
to right-size and correct some of the problems with TSA and aviation 
security.
  Mr. DeFAZIO. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman 
from the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I thank the gentleman from Minnesota (Mr. Oberstar), the 
gentleman from Florida (Mr. Mica), and the chairman of the full 
committee for the bipartisan way in which they have put together a very 
good bill.
  Mr. Chairman, I ask Members to imagine their own district if general 
aviation or charters had been closed down since 9-11. Whether Members 
are from a small or large area, there would have been a demonstrable 
effect on the economy, and, indeed, on your way of life. And the last 
place one would expect that to happen is in the Nation's capital; but 
that is what has happened at Reagan National Airport, even though this 
area is a huge economic engine for the country because of the high-tech 
and other employers located here. And, of course, this is where the 
Nation's capital is located.
  I want to thank the gentleman from Alaska (Mr. Young) and the 
gentleman from Florida (Mr. Mica) for having supported the reopening of 
general aviation at Reagan National after listening to all of the 
security concerns, including secured briefings. General aviation is up 
and operating everywhere else in the United States. Yes, at Dulles from 
whence the Pentagon plane came, at New York where the Twin Towers were 
struck, and at BWI. Why is it not up here, especially when the Reagan 
contractors have said they will submit to any plan imposed by the 
Transportation and Safety Agency? None has been forthcoming.
  Mr. Chairman, there is a plan. We know there is a plan, and we know 
that the TSA was about to offer a plan more than a year ago; but no 
plan has been published. I had an amendment that said publish a plan 
and let us speak on it. No one would compel them to put a plan in 
operation. General aviation is not closed. It must be kept open for the 
convenience of the government. Therefore, there are two employees there 
for the convenience of Federal and State and local takeoffs and 
landings.
  The lesson from 9-11 is that security takes place on the ground or 
else it does not take place at all. We have some fail-safes for planes. 
But general aviation or charters, it would be easy enough to impose 
absolute measures: special screening, limited takeoffs and landings. I 
could go on and on. We cannot allow 9-11 to shut down any part of the 
national economy. They have already done so here. It is a notch in 
their belts; let us take that notch away.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from North 
Carolina (Mr. Hayes), a very knowledgeable member and a pilot who 
serves on our subcommittee.

                              {time}  1445

  Mr. HAYES. Mr. Chairman, as a person with an experienced perspective 
on aviation and the role of aviation in promoting economic investment, 
I want to thank the gentleman from Florida (Mr. Mica), the gentleman 
from Alaska (Mr. Young), the gentleman from Minnesota (Mr. Oberstar), 
and the gentleman from Oregon (Mr. DeFazio) for their leadership in 
working with Members to craft this excellent current legislation which 
I strongly support.
  Modernization of the air traffic control system through an innovative 
financing program that they have included in this bill is very helpful 
to

[[Page 14381]]

provide the kind of safety that we seek in our air traffic control. 
Keeping air traffic control from being privatized is very important. We 
have done that in this bill. Funding. Providing significant increases 
in the AIP, Airport Improvement Fund, is important. We have done that. 
Streamlining provisions which allow for runways and expansion to be 
accelerated without compromising any of our environmental concerns is 
in this bill and vitally important to helping alleviate future 
congestion in the system.
  All of these and many other provisions included in the bill will 
strengthen the aviation industry, our transportation system, and will 
grow our economy for future generations.
  Mr. Chairman, I appreciate the efforts, I appreciate the attention 
that was paid to the fine personnel who operate the finest and safest 
air traffic control system in the world, and I appreciate Members' 
support for this bill.
  Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Texas 
(Mr. Barton).
  Mr. BARTON of Texas. Mr. Chairman, I would like to engage the 
gentleman from Florida in a colloquy concerning section 521 of H.R. 
2115.
  Section 521 concerns what is known as ``general conformity'' under 
the Clean Air Act. As reported from the Committee on Transportation and 
Infrastructure, the provision would require joint action by the 
Department of Transportation and the Environmental Protection Agency 
regarding appropriate emission credits for airport projects. The 
section would also authorize a pilot program to retrofit airport ground 
equipment at airports located in nonattainment or maintenance areas, as 
defined in the Clean Air Act.
  This provision is within the jurisdiction of the Committee on Energy 
and Commerce and the Subcommittee on Energy and Air Quality that I am 
chairman of. I share the broad goals of this provision, but I have some 
concerns regarding the current legislative language, including the 
requirement for joint action. While the language indicates provision of 
the credits should be ``consistent'' with the Clean Air Act, the 
current construction may be subject to misinterpretation. It may also 
be in conflict with the present statutory role of the Environmental 
Protection Agency under the Clean Air Act. Therefore, I would seek the 
gentleman's assurances that the Energy and Commerce Committee's 
interests will be protected in conference and that any final 
legislative language regarding section 521 be subject to the review and 
concurrence of the committee that I serve on.
  Mr. MICA. Mr. Chairman, will the gentleman yield?
  Mr. BARTON of Texas. I yield to the gentleman from Florida.
  Mr. MICA. The gentleman has my assurances that this will be the case 
and that I will work with the gentleman to see that the appropriate 
changes are made in conference.
  Mr. BARTON of Texas. I want to thank the gentleman from Florida for 
his assurances and look forward to working with him during the upcoming 
conference.
  Mr. MICA. Mr. Chairman, I am pleased in the spirit of bipartisanship, 
the good spirit in which the legislation has been crafted together with 
both sides of the aisle, to yield 1 minute to the gentleman from 
Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Mr. Chairman, I thank the very distinguished 
subcommittee chairman not just for yielding me this time but for the 
fact that this committee, I understand, has really been pretty fair to 
the Washington area, because I know the pressure that is on the 
committee with regard to National Airport, to expand the slots not just 
incrementally but exponentially because everyone would like the 
convenience of National Airport and a lot of the airlines would like 
transcontinental flights.
  But we have a very serious concern. I know the chairman knows that, I 
know the gentleman from Minnesota (Mr. Oberstar) is aware of that and 
the gentleman from Alaska (Mr. Young), all of the people that have been 
involved in this know that there was an agreement signed back in 1986 
where the Washington area took over the financing and operational 
responsibility for National and Dulles airports. The deal was that the 
Congress would not micromanage. Yet we do have 20 additional slots here 
and we have 12 slots that go beyond the 1,250-mile perimeter rule which 
was a very basic part of that agreement. The gentlewoman from the 
District of Columbia (Ms. Norton) and I have a very serious concern 
with expanding those slots. What we would like at least is an agreement 
that we will take out the so-called ``come see me'' provision so this 
would be the end of the slot expansion and we would like to get general 
aviation opened. I know that the gentleman from Florida (Mr. Mica) has 
been working on general aviation. It is very important to our economy 
but important to so many economies throughout the country. It does not 
make sense to keep general aviation closed.
  Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I want to thank again the gentleman from Minnesota (Mr. 
Oberstar), the gentleman from Oregon (Mr. DeFazio), and particularly 
the gentleman from Alaska (Mr. Young) for their leadership in putting 
this legislation together. There are a number of difficult issues. I 
particularly again want to reiterate thanks to the staff who have 
worked long and hard to bring this measure in rapid order before the 
House of Representatives.
  Mr. Chairman, this is a vital piece of legislation. I think all we 
have to do is look back on the events of September 11. If you took 
American aviation for granted, certainly that day was an awakening. 
Every day since September 11, we have struggled to get back on our 
feet. We have seen the hundreds of thousands of jobs that have been 
lost in our economy as a result of damage done not only by the events 
of September 11 but the struggling difficulties of our major air 
carriers. We take aviation for granted in this United States. It has 
provided a magic carpet, a way of life unknown by any people who have 
ever walked the face of this Earth, but it has become a part of the 
very fabric of our society. This legislation will set our policy for 
the next 4 years as far as aviation, so it is very important.
  We heard from the gentleman from Virginia and the gentlewoman from 
the District of Columbia how a closedown in just general aviation has 
affected the Nation's capital and the areas they represent. We cannot 
have that anywhere. We are willing to work with them and work with all 
to make certain that we restore this vital industry, that we restore 
jobs and that we protect a way of life for the American people. That 
is, to travel again in a manner in which only we can think about today 
and only 100 years ago the Wright brothers could dream about.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I rise to voice my concerns 
over this legislation.
  Every few years, we return to the issue of adding slots at Reagan 
National. Every few years we tinker around with the Washington area 
airports in ways that Congress shouldn't be tinkering.
  It might be more convenient for some people to have the flights they 
want on airlines they want to favor, but these actions have real 
effects on the economy of my district in ways that I believe are not 
fully appreciated.
  Three airports--Reagan National, Dulles, and Baltimore/Washington, 
serve the Washington, D.C. region. Our region--my district--has 
developed around the services these airports provide. Along the Reston 
corridor one can see all the tech firms that have established 
themselves over recent years. One of the main reasons--one of the main 
selling points--for these companies to locate in Northern Virginia was 
the fact that Dulles airport provided an accessible, convenient 
transportation hub for flights all over the globe.
  It is not a secret that the airline industry is in deep financial 
trouble. United Airlines, which operates 60 percent of the flights at 
Dulles, is struggling to emerge from bankruptcy. They are struggling to 
deal with the fallout from the War in Iraq, SARS, terrorism--and they 
are facing increased pressure from the bankruptcy court to abandon 
their Dulles hub. Understand that continuing to divert traffic away 
from Dulles, especially long-haul traffic, gives more fuel to those who 
would have United leave Dulles.

[[Page 14382]]

  I hope you understand why this is so important to me. This isn't 
solely a debate about noise and increased air traffic, although those 
are important issues to my constituents as well. It is a debate about 
continuing to erode the cornerstone of the Northern Virginia high-tech 
corridor.
  That said, it seems a little unfair that if we must continue to add 
outside-the-perimeter slots at National, that we do not allow U.S. 
Airways--the airline that has put so many resources into making Reagan 
National a world-class airport--the opportunity get any of them. U.S. 
Airways is also an important part of our economy in Northern Virginia. 
They have done an outstanding job to re-emerge from bankruptcy, and I 
think it is time we started recognizing the contributions they have 
made for the National Capital Region.
  To close, I would love to see an end to Congressional micromanagement 
in MWAA affairs. I am hopeful this will eventually happen. Until then, 
understand the true nature of my opposition to adding more long-haul 
flights to National.
  Mr. COSTELLO. Mr. Chairman, I rise today in support of H.R. 2115, 
Flight 100, the Century of Aviation Reauthorization Act. This is a good 
bill and I urge my colleagues to join me in supporting this 
legislation.
  When this Congress passed AIR-21 in 2000, we significantly increased 
funding for aviation programs, especially the Airport Improvement 
Program (AIP), in order to increase capacity to help cope with record 
high aviation traffic and unprecedented delays.
  While air traffic has declined in the last three years due to a 
variety of factors, including the attacks of September 11th, the 
slumping economy and the SARS outbreak, no one expects these declines 
to be permanent, and the FAA is forecasting a return to record levels 
in 2006. Our Nation's aviation infrastructure needs to be prepared for 
this growth in traffic, and this bill keeps us on track to do so.
  Flight 100 authorizes $58.9 billion over four years for the programs 
and activities of the FAA, including $14.3 billion for FY04. It 
continues the budgetary protections that allowed us to increase funding 
in AIR-21, and continues to provide slightly increased annual funding 
for the AIP program.
  In addition, the bill increases the entitlement for cargo airports, 
prohibits the privatization of air traffic controllers, allows airports 
to use some of their AIP money to modify terminals to install explosive 
detection systems, extends the government's ability to offer war-risk 
insurance until 2007 for domestic flights and increases the amount that 
airports in the military airport program may use for terminal 
development, parking lots, fuel farms or hangar construction.
  Mr. Chairman, while this bill does not do everything that I would 
like it to do, overall it continues good aviation policies and will 
serve to strengthen our aviation infrastructure over the next four 
years. I urge my colleagues to join me in voting yes for this bill.
  Mr. CASE. Mr. Chairman, my purpose in rising today is to highlight 
the absolute dependence of some parts of our country on air service and 
thus the absolute importance of the Essential Air Services (EAS) 
portions of the law and of this bill, and also the necessity as we go 
forward of avoiding one-size-fits-all thinking when we deal with the 
problems of our rural communities in providing EAS.
  Imagine a district in which air service is truly indispensable to 
providing the basic necessities, to transporting residents, to 
providing emergency medical service, and to the survival and prosperity 
of its number one industry, tourism, and several other important 
industries like agriculture which are based on exports.
  That's Hawaii today, and that's my Second District--a district that 
has all of Hawaii other than urban Honolulu, and is composed of seven 
inhabited islands--it's absolutely unique. And let me give an example 
of how this uniqueness doesn't work with one-size-fits-all thinking. A 
great deal of EAS discussion concerns how far airports are apart from 
each other. And both Mr. Peterson and Mr. Pitts are offering amendments 
today, which I fully support, that deal with ``How far apart are 
airports?'' Well, the airport on Molokai is somewhere around 40 miles 
from Honolulu International Airport as the crow flies. Not too far. But 
guess what--no road. No road, it's on another island. So we've got to 
think about unique circumstances in designing legislation.
  The options are nonexistent for air service on these islands. No 
driving, no highways, no rail, no trains, no Amtrak subsidies, no 
ferries--can't do that. It's air, period!
  We are also in a very difficult period of adjustment in our 
interisland air travel. Essentially we've had a duopoly--and one 
airline is now in bankruptcy so we face the possibility of a monopoly. 
And fees are increasing rapidly while capacity is decreasing.
  We do have EAS designation for three extremely rural airports in 
Hawaii, and that is very appropriate. But I could easily make the 
argument that all Hawaii airports--big or small, rural or urban--are 
essentially EAS airports.
  So in conclusion, I simply want to highlight, as this bill goes 
forward, the absolute necessity of EAS for states like Hawaii, and to 
say: think about unique circumstances.
  Mr. MICA. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill, modified by the amendment printed in 
part A of House Report 108-146, shall be considered as an original bill 
for the purpose of amendment under the 5-minute rule and shall be 
considered read.
  The text of the committee amendment in the nature of a substitute, as 
modified, is as follows:

                               H.R. 2115

       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.

[[Page 14383]]

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

[[Page 14384]]

       (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

[[Page 14385]]

     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

[[Page 14386]]

     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:

[[Page 14387]]

       ``(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:

[[Page 14388]]

       ``(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

[[Page 14389]]

       (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.''.

[[Page 14390]]



     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)--

[[Page 14391]]

       (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.''.

[[Page 14392]]



     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

[[Page 14393]]

     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

[[Page 14394]]

     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

[[Page 14395]]

     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:

[[Page 14396]]

       ``(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:

[[Page 14397]]

       ``(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

[[Page 14398]]

     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.''.

[[Page 14399]]



     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.''.

   TITLE VI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

     SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY.

       Paragraph (1) of section 9502(d) of the Internal revenue 
     Code of 1986 (relating to expenditures from Airport and 
     Airway Trust Fund) is amended--
       (1) by striking ``October 1, 2003'' and inserting ``October 
     1, 2007'', and
       (2) by inserting ``or the flight 100--Century of Aviation 
     Reauthorization Act'' before the semicolon at the end of 
     subparagraph (A).

  The CHAIRMAN. No amendment to the committee amendment is in order 
except those printed in part B of the report. Each amendment may be 
offered only in the order printed in the report or pursuant to the 
previous order of the House, by a Member designated in the report, 
shall be considered read, shall be debatable for the time specified in 
the report, equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject 
to a demand for division of the question.
  Pursuant to the previous order of the House, it is now in order to 
consider amendment No. 5 printed in part B of House Report 108-146.


                Amendment No. 5 Offered by Mr. Manzullo

  Mr. MANZULLO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Manzullo:
       At the end of title V of the bill, add the following new 
     section (and conform the table of contents accordingly):

     SEC. 525. REPORT ON WAIVERS OF PREFERENCE FOR BUYING GOODS 
                   PRODUCED IN THE UNITED STATES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit to 
     Congress a report on the waiver contained in section 50101(b) 
     of title 49, United States Code (relating to buying goods 
     produced in the United States). The report shall, at a 
     minimum, include--
       (1) a list of all waivers granted pursuant to that section 
     since the date of enactment of that section; and
       (2) for each such waiver--
       (A) the specific authority under such section 50101(b) for 
     granting the waiver; and
       (B) the rationale for granting the waiver.

  The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from 
Illinois (Mr. Manzullo) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Manzullo).
  Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may 
consume. The American economy is in the midst of a manufacturing 
crisis. Over the past 3 years, we have lost 2.6 million jobs. The 
latest Bureau of Labor Statistics reports show that for 34 straight 
months, we have had a coring out of our manufacturing base, losing 
53,000 manufacturing jobs each month. These jobs are necessary, many of 
them, to help out with our defense industrial base. They include such 
basic products as tools, dies and molds.
  In 1981, Rockford, Illinois, the largest city in the congressional 
district I represent, led the Nation with unemployment at 24.9 percent. 
Today it is around 11 percent. I do not want to see a recurrence of 
1981. We are in danger of seeing our industrial base irreparably 
harmed. Unlike the past when factories were closed during an economic 
downturn but reopened when times improved, today a too frequent outcome 
is the permanent closure of a factory. The jobs leave forever. The 
young people entering the workforce do not have a manufacturing career 
choice left open to them. My own constituents have been impacted by the 
bankruptcy of several manufacturers since this downturn began.
  Mr. Chairman, the bleeding continues. Since 1933, the Buy American 
Act has safeguarded the interests of American manufacturers by 
requiring the Federal Government to purchase domestically manufactured 
products for government usage. To qualify as a domestic product, the 
content cost of the components must be ``substantially all'' produced 
in America. Most people would say that term ``substantially all'' means 
80 to 90 percent or even 99 percent. However, the regulators at the 
Federal Government say ``substantially all'' means only 50 percent. I 
am glad to say that at the Federal Aviation Administration, 
``substantially all'' is defined as 60 percent for the acquisition of 
steel or manufactured goods according to the 1995 acquisition 
regulations which the FAA authorized back then.
  I am disturbed, however, at the instance of waivers allowed by the 
FAA. Civil aircraft and aircraft components purchased by the FAA are 
not subject to the Buy American Act due to the provisions of the 
Agreement of Trade on Civil Aircraft negotiated by the U.S. Trade 
Representative. Currently the FAA is advertising on its Web site a 
requirement for an airborne research and development multi-engine jet 
aircraft at $14.9 million that could be bought with U.S. taxpayers' 
dollars from foreign countries at a time when tens of thousands of air 
and space workers in this country are unemployed.
  It has been 8 years since the Secretary of Transportation was last 
required to report to Congress on procurements that were not domestic 
products. This amendment will require a report that will bring us 
current information on this subject. We do not even know how many 
aircraft or other products the FAA is procuring each year from foreign 
countries because of waivers to the Buy American Act. We are asking 
that this Congress, that this House of Representatives adopt this 
amendment to help stop the hemorrhaging of the loss of the American 
base in this country.
  I urge my colleagues to support this commonsense amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition but not to 
speak in opposition to the amendment.
  The CHAIRMAN. Without objection, the Chair recognizes the gentleman 
from Oregon (Mr. DeFazio) for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  I think this is a very worthy undertaking. As the gentleman points 
out, we have hollowed out so much of American manufacturing capability, 
but we have for years touted the fact that our leadership in aviation 
and aerospace, that this would be one of the areas where we would 
continue to dominate the world. To have the prospect of agencies of the 
Federal Government using taxpayer resources to outsource to foreign 
vendors in this very critical sector, a sector which in the case of at

[[Page 14400]]

least one major manufacturer is beleaguered by unfair foreign 
competition, in fact, something we heard repeated on a trip of the 
Subcommittee on Aviation for the engine manufacturers and others, where 
subsidies and development grants that never have to be paid back and 
all sorts of things are made available to them that are not made 
available to American manufacturers. I think the audit at this time is 
extraordinarily worthy. I really thank him for bringing this issue 
before the Congress.
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. DeFAZIO. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding. I 
thank the gentleman for offering the amendment.
  I just want to raise a cautionary note, that in doing so we do not 
scare business away from the United States from foreign manufacturers. 
I am very strong on Buy America, I insist on it in the Federal aid 
highway program on steel, but there was a time in which 70 percent of 
the value and the parts of Airbus aircraft were manufactured in the 
United States.

                              {time}  1500

  As we got into the wars over agriculture with the European community, 
the Airbus consortium pulled back from its placing of business in the 
United States, and we have lost ground in the manufacturing of Airbus 
parts in the United States, and the same is occurring in other areas.
  I just want to be sure in the process we are not scaring away 
business from the United States while legitimately protecting our own 
interests. I know the gentleman from Illinois has those concerns at 
heart.
  Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
  Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this amendment provides simply for a study of what has 
taken place in the past. It changes no law.
  Mr. Chairman, I yield 1 minute to the gentleman from Florida 
(Chairman Mica).
  Mr. MICA. Mr. Chairman, I thank the gentleman for offering this 
amendment, and I rise in strong support of it.
  I think we need to do everything possible to protect the intent of 
our Buy America requirements, and I think the gentleman's amendment 
does exactly that. In the aviation industry, unfortunately, we are 
facing tremendous loss in jobs, employment, and manufacturing. We have 
lost about half of the large aircraft manufacturing, we produce no 
regional jets in the United States, and I think the very least we can 
do is have a Buy America provision that has teeth, that has provisions 
that will ensure that our manufactured goods are respected by the 
mandates set down by Congress to Buy America. So I strongly support the 
gentleman's amendment.
  Mr. MANZULLO. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time having expired, the question is on the 
amendment offered by the gentleman from Illinois (Mr. Manzullo).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. MANZULLO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Illinois (Mr. Manzullo) 
will be postponed.
  It is now in order to consider amendment No. 1 printed in part B of 
House Report No. 108-146.


                  Amendment No. 1 Offered by Mr. Mica

  Mr. MICA. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Mica:
       Page 46, strike line 20 and all that follows through page 
     47, line 2, and insert the following:
       ``(2) Monthly reports from secretary of homeland 
     security.--To assist in the publication of data under 
     paragraph (1), the Secretary of Transportation may request 
     the Secretary of Homeland Security to periodically report on 
     the number of complaints about security screening received by 
     the Secretary of Homeland Security.''.
       Page 58, after line 24, insert the following:
       (e) Eligibility of Airport Ground Access Transportation 
     Projects.--Not later than 60 days after the enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall publish in the Federal Register the current policy of 
     the Administration with respect to the eligibility of airport 
     ground access transportation projects for the use of 
     passenger facility fees under section 40117 of title 49, 
     United States Code.
       Page 61, line 17, strike ``Section 41106(b) is amended'' 
     and all that follows through ``following'' on line 18 and 
     insert the following:

     Subsections (a)(1), (b), and (c) of section 41106 are each 
     amended--
       (1) by striking ``through a contract for airlift service'' 
     and inserting
       Page 61, line 20, strike the period and insert ``; and''.
       Page 61, after line 20, insert the following:
       (2) by inserting ``through a contract for airlift service'' 
     after ``obtained''.
       Page 62, strike lines 4 through 6 and insert the following:
       (2) in subsections (b)(3)(A) and (b)(3)(B) by inserting 
     ``over a national park'' after ``operations'';
       Page 62, after line 6, insert the following (and 
     redesignate subsequent paragraphs in section 409(a) of the 
     bill accordingly):
       (3) in subsection (b)(3)(C) by inserting ``over a national 
     park that are also'' after ``operations'';
       Page 63, line 14, after the period insert the following:

     Commercial Special Flight Rules Area operations in the Dragon 
     and Zuni Point corridors of the Grand Canyon National Park 
     may not take place during the period beginning 1 hour before 
     sunset and ending 1 hour after sunrise.
       Page 71, line 13, strike ``six'' and insert ``without 
     regard to the criteria contained in subsection (b)(1), six''.
       Page 72, strike line 24 and all that follows through page 
     73, line 11, and insert the following:
       (f) Commuters Defined.--
       (1) In general.--Section 41718 is amended by adding at the 
     end the following:
       ``(f) Commuters Defined.--For purposes of aircraft 
     operations at Ronald Reagan Washington National Airport under 
     subpart K of part 93 of title 14, Code of Federal 
     Regulations, the term `commuters' means aircraft operations 
     using aircraft having a certificated maximum seating capacity 
     of 76 or less.''.
       (2) Regulations.--The Administrator of the Federal Aviation 
     Administration shall revise regulations to take into account 
     the amendment made by paragraph (1).
       Page 75, line 22, after ``pay'' insert ``from local sources 
     other than airport revenues''.
       Page 75, line 25, after ``2008'' insert ``and each fiscal 
     year thereafter''.
       Page 76, after line 24, insert the following:
       (4) Adjustments.--Section 41737 is amended by adding at the 
     end the following:
       ``(e) Adjustments To Account for Significantly Increased 
     Costs.--
       ``(1) In general.--If the Secretary determines that air 
     carriers are experiencing significantly increased costs in 
     providing air service or air transportation under this 
     subchapter, the Secretary may increase the rates of 
     compensation payable under this subchapter without regard to 
     any agreement or requirement relating to the renegotiation of 
     contracts or any notice requirement under section 41734.
       ``(2) Significantly increased costs defined.--In this 
     subsection, the term `significantly increased costs' means an 
     average monthly cost increase of 10 percent or more.''.
       Page 78, line 20, before the comma insert the following:
     or requirements contained in a subsequent appropriations Act
       Page 78, after line 23, insert the following (and 
     redesignate subsequent subsections in section 415 of the bill 
     accordingly):
       (e) Exemption From Hold-In Requirements.--Section 41734 is 
     further amended by adding at the end the following:
       ``(j) Exemption From Hold-In Requirements.--If, after the 
     date of enactment of this subsection, an air carrier 
     commences air transportation to an eligible place that is not 
     receiving essential air service as a result of the failure of 
     the eligible place to meet requirements contained in an 
     appropriations Act, the air carrier shall not be subject to 
     the requirements of subsections (b) and (c) with respect to 
     such air transportation.''.
       Page 83, line 21, strike ``3 years'' and insert ``4 
     years''.
       Page 88, strike lines 11 through 13 and insert the 
     following:
       ``(1) Make available.--The term `make available' means 
     providing at a fair and reasonable price. Such price may 
     include recurring and non-recurring costs associated with 
     post-certification development, preparation, and 
     distribution. Such price may not include the initial product 
     development costs related to the issuance of a design 
     approval.
       Page 88, strike line 20 and all that follows through page 
     89, line 6, and insert the following:

[[Page 14401]]

       ``(3) Instructions for continued airworthiness.--The term 
     `instructions for continued airworthiness' means any 
     information (and any changes to such information) considered 
     essential to continued airworthiness that sets forth 
     instructions and requirements for performing maintenance and 
     alteration.
       Page 89, strike line 19 and all that follows through page 
     90, line 15, and insert the following:
       ``(3) To determine if design approval holders for aircraft, 
     aircraft engines, and propellers that are in production on 
     the date of enactment of this section and for which 
     application for a type certificate or supplemental type 
     certificate was made before January 29, 1981, should be 
     required to make instructions for continued airworthiness or 
     maintenance manuals available (including any changes thereto) 
     to any person required by Federal Aviation Administration 
     rules to comply with any of the terms of the instructions or 
     manuals.
       Page 90, line 16, strike ``(6)'' and insert ``(4)''.
       Page 90, after line 17, insert the following:
       ``(d) Deadlines for Rulemaking.--
       ``(1) Notice of proposed rulemaking.--The Administrator 
     shall issue a notice of proposed rulemaking to carry out 
     subsection (c) not later than one year after the date of 
     enactment of this section.
       ``(2) Final rule.--The Administrator shall issue a final 
     rule with respect to subsection (c) not later than one year 
     after the final date for the submission of comments with 
     respect to the proposed rulemaking.
       ``(e) Enforcement of Current Regulation.--The Administrator 
     shall review design approval holders that were required to 
     produce instructions for continued airworthiness under 
     section 21.50(b) of title 14, Code of Federal Regulations. If 
     the Administrator determines that a design approval holder 
     has not produced such instructions, the Administrator shall 
     require the design approval holder to prepare such 
     instructions and make them available as required by this 
     section not later than 1 year after the design approval 
     holder is notified by the Administrator of the determination.
       Page 90, line 18, strike ``(d)'' and insert ``(f)''.
       Page 95, before line 1, insert the following:
       (c) Review.--The first sentence of section 46110(a) is 
     amended by striking ``part'' and inserting ``subtitle''.
       Page 96, line 22, strike ``air carrier'' and insert 
     ``employer''.
       Page 112, strike lines 4 through 6 and insert the 
     following:
       (b) Limitation.--Subsection (a) shall not apply to a 
     Federal Aviation Administration air traffic control tower 
     operated under the contract tower program on the date of 
     enactment of this Act or to any expansion of that program 
     under section 47124(b)(3) or 47124(b)(4) of title 49, United 
     States Code.
       Page 113, line 21, after ``Transportation'' insert ``, in 
     consultation with the Secretary of Defense,''.
       Page 113, lines 24 and 25, strike ``9 months after the date 
     of enactment of this Act'' and insert ``September 30, 2004''.
       Page 118, after line 13, insert the following:
       (c) Description of Changes to Improve Operations.--A report 
     transmitted by the Administrator under this section shall 
     include a description of any changes in procedures or 
     requirements that could improve operational efficiency or 
     minimize operational impacts of the ADIZ on pilots and 
     controllers. This portion of the report may be transmitted in 
     classified or unclassified form.
       Page 118, line 14, strike ``(c)'' and insert ``(d)''.
       Page 120, after line 5, insert the following (and conform 
     the table of contents of the bill accordingly):

     SEC. 443. CHARTER AIRLINES.

       (a) In General.--Section 41104(b)(1) is amended--
       (1) by striking ``paragraph (3)'' and inserting 
     ``paragraphs (3) and (4)'';
       (2) by inserting a comma after ``regularly scheduled 
     charter air transportation''; and
       (3) by striking ``flight unless such air transportation'' 
     and all that follows through the period at the end and 
     inserting the following: ``flight, to or from an airport 
     that--
       ``(A) does not have an airport operating certificate issued 
     under part 139 of title 14, Code of Federal Regulations (or 
     any subsequent similar regulation); or
       ``(B) has an airport operating certificate issued under 
     part 139 of title 14, Code of Federal Regulations (or any 
     subsequent similar regulation) if the airport--
       ``(i) is a reliever airport (as defined in section 47102) 
     and is designated as such in the national plan of integrated 
     airports maintained under section 47103; and
       ``(ii) is located within 20 nautical miles (22 statute 
     miles) of 3 or more airports that annually account for at 
     least 1 percent of the total United States passenger 
     enplanements and at least 2 of which are operated by the 
     sponsor of the reliever airport.''.
       (b) Waivers.--Section 41104(b) is amended by adding at the 
     end the following:
       ``(4) Waivers.--The Secretary may waive the application of 
     paragraph (1)(B) in cases in which the Secretary determines 
     that the public interest so requires.''.

     SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.

       Not later than July 1, 2004, the Secretary of 
     Transportation shall issue regulations to implement Chapter 4 
     noise standards, consistent with the recommendations adopted 
     by the International Civil Aviation Organization.

     SEC. 445. CREW TRAINING.

       Section 44918 is amended to read as follows:

     ``Sec. 44918. Crew training

       ``(a) Basic Security Training.--
       ``(1) In general.--Each air carrier providing scheduled 
     passenger air transportation shall carry out a training 
     program for flight and cabin crew members to prepare the crew 
     members for potential threat conditions.
       ``(2) Program elements.--An air carrier training program 
     under this subsection shall include, at a minimum, elements 
     that address each of the following:
       ``(A) Recognizing suspicious activities and determining the 
     seriousness of any occurrence.
       ``(B) Crew communication and coordination.
       ``(C) The proper commands to give passengers and attackers.
       ``(D) Appropriate responses to defend oneself.
       ``(E) Use of protective devices assigned to crew members 
     (to the extent such devices are required by the Administrator 
     of the Federal Aviation Administration or the Under Secretary 
     for Border and Transportation Security of the Department of 
     Homeland Security).
       ``(F) Psychology of terrorists to cope with hijacker 
     behavior and passenger responses.
       ``(G) Situational training exercises regarding various 
     threat conditions.
       ``(H) Flight deck procedures or aircraft maneuvers to 
     defend the aircraft and cabin crew responses to such 
     procedures and maneuvers.
       ``(I) The proper conduct of a cabin search.
       ``(J) Any other subject matter considered appropriate by 
     the Under Secretary.
       ``(3) Approval.--An air carrier training program under this 
     subsection shall be subject to approval by the Under 
     Secretary.
       ``(4) Minimum standards.--Not later than one year after the 
     date of enactment of the Flight 100--Century of Aviation 
     Reauthorization Act, the Under Secretary shall establish 
     minimum standards for the training provided under this 
     subsection and for recurrent training.
       ``(5) Existing programs.--Notwithstanding paragraph (3), 
     any training program of an air carrier to prepare flight and 
     cabin crew members for potential threat conditions that was 
     approved by the Administrator or the Under Secretary before 
     the date of enactment of the Flight 100--Century of Aviation 
     Reauthorization Act may continue in effect until disapproved 
     or ordered modified by the Under Secretary.
       ``(6) Monitoring.--The Under Secretary, in consultation 
     with the Administrator, shall monitor air carrier training 
     programs under this subsection and periodically shall review 
     an air carrier's training program to ensure that the program 
     is adequately preparing crew members for potential threat 
     conditions. In determining when an air carrier's training 
     program should be reviewed under this paragraph, the Under 
     Secretary shall consider complaints from crew members. The 
     Under Secretary shall ensure that employees responsible for 
     monitoring the training programs have the necessary resources 
     and knowledge.
       ``(7) Updates.--The Under Secretary, in consultation with 
     the Administrator, shall order air carriers to modify 
     training programs under this subsection to reflect new or 
     different security threats.
       ``(b) Advanced Self Defense Training.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of the Flight 100--Century of Aviation 
     Reauthorization Act, the Under Secretary shall develop and 
     provide a voluntary training program for flight and cabin 
     crew members of air carriers providing scheduled passenger 
     air transportation.
       ``(2) Program elements.--The training program under this 
     subsection shall include both classroom and effective hands-
     on training in the following elements of self-defense:
       ``(A) Deterring a passenger who might present a threat.
       ``(B) Advanced control, striking, and restraint techniques.
       ``(C) Training to defend oneself against edged or contact 
     weapons.
       ``(D) Methods to subdue and restrain an attacker.
       ``(E) Use of available items aboard the aircraft for self-
     defense.
       ``(F) Appropriate and effective responses to defend 
     oneself, including the use of force against an attacker.
       ``(G) Explosive device recognition.
       ``(H) Any other element of training that the Under 
     Secretary considers appropriate.
       ``(3) Participation not required.--A crew member shall not 
     be required to participate in the training program under this 
     subsection.
       ``(4) Compensation.--Neither the Federal Government nor an 
     air carrier shall be required to compensate a crew member for 
     participating in the training program under this subsection.

[[Page 14402]]

       ``(5) Fees.--A crew member shall not be required to pay a 
     fee for the training program under this subsection.
       ``(6) Consultation.--In developing the training program 
     under this subsection, the Under Secretary shall consult with 
     law enforcement personnel and security experts who have 
     expertise in self-defense training, terrorism experts, 
     representatives of air carriers, the director of self-defense 
     training in the Federal Air Marshals Service, flight 
     attendants, labor organizations representing flight 
     attendants, and educational institutions offering law 
     enforcement training programs.
       ``(7) Designation of tsa official.--The Under Secretary 
     shall designate an official in the Transportation Security 
     Administration to be responsible for implementing the 
     training program under this subsection. The official shall 
     consult with air carriers and labor organizations 
     representing crew members before implementing the program to 
     ensure that it is appropriate for situations that may arise 
     on board an aircraft during a flight.
       ``(c) Limitation.--Actions by crew members under this 
     section shall be subject to the provisions of section 
     44903(k).''.

     SEC. 446. REVIEW OF COMPENSATION CRITERIA.

       Not later than 6 months after the date of enactment of this 
     Act, the Comptroller General shall review the criteria used 
     by the Air Transportation Stabilization Board to compensate 
     air carriers following the terrorist attack of September 11, 
     2001, with a particular focus on whether it is appropriate to 
     compensate air carriers for the decrease in value of their 
     aircraft after September 11th.

     SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall report to Congress on whether, in light of the demands 
     of business within Alaska, it would be appropriate to permit 
     an aircraft to be operated under part 91 of title 14, Code of 
     Federal Regulations, where common carriage is not involved 
     but (1) the operator of the aircraft organizes an entity 
     where the only purpose of such entity is to provide 
     transportation by air of persons and property to related 
     business entities, individuals, and employees of such 
     entities, and (2) the charge for such transportation does not 
     to exceed the cost of owning, operating, and maintaining the 
     aircraft.
       Page 122, lines 21 and 22, strike ``or 47114(d)(3)(A)'' and 
     insert ``, 47114(d)(3)(A), or 47114(e)''.
       Page 124, strike lines 6 through 14 and insert the 
     following:
       Section 47107(c)(2)(A)(iii) is amended by inserting before 
     the semicolon at the end the following: ``, including the 
     purchase of nonresidential buildings or property in the 
     vicinity of residential buildings or property previously 
     purchased by the airport as part of a noise compatibility 
     program''.
       Page 127, line 24, after ``2002'' insert ``or 2003''.
       Page 132, after line 8, insert the following (and 
     redesignate subsequent subsections of section 513 of the bill 
     accordingly):
       (a) Period of Availability.--Section 47117(b) is amended by 
     striking ``primary airport'' and all that follows through 
     ``calendar year'' and inserting ``nonhub airport or any 
     airport that is not a commercial service airport''.
       Page 133, line 13, insert ``(a) Increased Funding Levels.--
     '' before ``Subsections''.
       Page 133, after line 15, insert the following:
       (b) Reimbursement for Certain Construction Costs.--Section 
     47118(f) is amended--
       (1) by striking ``Not more than'' and inserting the 
     following:
       ``(1) Construction.--Not more than''; and
       (2) by adding at the end the following:
       ``(2) Reimbursement.--Upon approval of the Secretary, the 
     sponsor of a current or former military airport the Secretary 
     designates under this section may use an amount apportioned 
     under section 47114, or made available under section 
     47119(b), to the airport for reimbursement of costs incurred 
     by the airport in fiscal years 2003 and 2004 for 
     construction, improvement, or repair described in paragraph 
     (1).''.
       Page 138, line 21, strike ``10'' and insert ``12''.
       Page 138, line 23, strike ``Such projects'' and all that 
     follows through the first period on line 24 and insert the 
     following:

     A project using an innovative financing technique described 
     in subsection (c)(2)(A) or (c)(2)(B) shall be located at an 
     airport that is not a medium or large hub airport. A project 
     using the innovative financing technique described in 
     subsection (c)(2)(C) shall be located at an airport that is a 
     medium or large hub airport.

       Page 139, line 3, strike ``and'' the second place it 
     appears.
       Page 139, line 5, strike the period at the end and insert a 
     semicolon.
       Page 139, after line 5, insert the following:
       (3) in subparagraph (A) (as so redesignated) by striking 
     ``and'' at the end;
       (4) in subparagraph (B) (as so redesignated) by striking 
     the period at the end and inserting ``; and''; and
       (5) by adding at the end the following:
       ``(C) payment of interest on indebtedness incurred to carry 
     out a project for airport development.''.
       At the end of title V of the bill on page 152, add the 
     following (and conform the table of contents of the bill 
     accordingly):

     SEC. 525. INTERMODAL PLANNING.

       Section 47106(c)(1)(A) is amended--
       (1) by striking ``and'' at the end of clause (i);
       (2) by adding ``and'' at the end of clause (ii); and
       (3) by adding at the end the following:
       ``(iii) with respect to an airport development project 
     involving the location of an airport or runway or major 
     runway extension at a medium or large hub airport, the 
     airport sponsor has made available to and has provided upon 
     request to the metropolitan planning organization in the area 
     in which the airport is located, if any, a copy of the 
     proposed amendment to the airport layout plan to depict the 
     project and a copy of any airport master plan in which the 
     project is described or depicted;''.

     SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Transportation shall review the status 
     of the airport on the Marshall Islands and report to Congress 
     on whether it is appropriate and necessary for that airport 
     to receive grants under the airport improvement program.

  The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from 
Florida (Mr. Mica) and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this manager's amendment makes some relatively modest 
changes to the legislation before us. Most of the changes are technical 
in nature and address issues that were raised after the committee 
approved the legislation in May.
  One significant change is the provision relating to crew training, 
and I want to elaborate a bit on that. Our current law provides and 
requires that airlines provide hands-on self-defense training to flight 
attendants to help them deal with a terrorist threat.
  The amendment that we have makes clear that this training is 
voluntary and that flight attendants who choose to take it will do so 
on their own time. The airlines will not be required to pay them while 
they are taking this training. The Transportation Security 
Administration, not the airlines, will be providing the training. Both 
the flight attendants and airlines have agreed to this particular 
provision.
  The airlines will still have to provide other nonphysical security 
training for flight attendants. Airlines provide that training now, and 
under this bill they could continue to provide the same training.
  The amendment requires TSA to set minimum standards for flight 
attendant training, but deletes the provision in current law requiring 
the Transportation Security Administration to set the minimum number of 
hours for this particular type of training. Rather, the Transportation 
Security Administration should set proficiency standards and leave it 
to the airlines as to how many hours of training it will take to reach 
that level of proficiency.
  In addition to the crew training provision, this amendment makes a 
number of improvements to the bill. These improvements include the 
following:
  First, allowing the Department of Transportation to request 
information from the Department of Homeland Security in preparing its 
monthly report on passenger complaints about screening.
  Next, directing the FAA to publish its policy on the use of passenger 
facility charge revenue for ground access projects.
  Allowing 76-seat regional jets to qualify for the commuter aircraft 
slots for Reagan National Airport.
  Additionally, allowing DOT to increase the subsidy to a commuter 
serving a small community if that commuter is experiencing 
significantly increased costs.
  Another provision is allowing an airline to begin service to a small 
community that previously had subsidized essential air service without 
being subject to the many regulatory requirements of the Essential Air 
Service program.
  An additional provision is revising the provision requiring aircraft 
manufacturers to make maintenance manuals available to aircraft repair 
stations

[[Page 14403]]

in order to accommodate concerns expressed by the manufacturers.
  Also we have a provision directing GAO to study how airlines were 
compensated after 9-11, especially whether they should be compensated 
for the devaluation of their aircraft.
  A further provision directs FAA to study whether certain aircraft 
operations in Alaska can be performed under part 91 of FAA rules.
  An additional provision allows current or former military airports 
designated by FAA to use AIP money for the reimbursement of a hangar.
  Another provision allows up to 12 large airports to use AIP money for 
interest payments on debts. Small airports can already do this.
  Another provision requires large airports seeking to build a runway 
to make their master plan available to the metropolitan planning 
organization in the area where the airport is located.
  Finally, we have a provision directing DOT to report on whether it is 
appropriate and necessary for the airport in the Marshall Islands to 
receive grants under the Airport Improvement Program.
  Mr. Chairman, this is a good, bipartisan amendment. We have taken 
into consideration concerns and requests from many Members, and I 
believe that this manager's amendment improves on an already good piece 
of legislation. I urge my colleagues to support it.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Does any Member seek recognition in opposition to the 
amendment?
  Mr. DeFAZIO. Mr. Chairman, I rise to claim the time in opposition, 
despite the fact I do not oppose the amendment.
  The CHAIRMAN. Without objection, the gentleman from Oregon is 
recognized.
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the Chair of the Subcommittee on Aviation has done good 
work with this. A number of Members have come forward since the bill 
was finalized in committee and raised concerns which have merit, as 
have other concerns been raised by outside groups, for instance, the 
flight attendants and others.
  So we have here a clarification on the training of the flight 
attendants, which we mandated earlier, the security legislation. We 
have here language that would require at least some minimal cooperation 
and coordination with the metropolitan planning organizations, making 
certain that they are informed of plans and future plans of airports 
that might have impact on communities greater than that which currently 
exist.
  To get some clarification, a number of concerns have been raised 
regarding passenger facility charges and the standards which are being 
applied by the FAA, and it certainly would be of great benefit to 
consolidate and publish those requirements so that meritorious projects 
across the United States can move forward to better enhance the 
utilization of our airports and their capacity.
  Then there was the 76-C regional jet provision for National Airport, 
again something raised later on; fairly technical, but actually quite 
practical and meritorious.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I concur in the remarks of the ranking member of the 
subcommittee. I would add that the manager's amendment does include two 
very important provisions offered by the gentleman from Oregon (Mr. 
Blumenauer) to promote intermodalism.
  The first requires airports that undertake major construction 
projects to share their planes with MPOs, and the second requires the 
FAA to clarify, consolidate, and publish its current policy for PFC for 
ground transportation projects that provide access to airports. These 
are long-standing issues that we attempted to deal with going back to 
the beginning of the PFC era in 1990, and this a very important 
clarification.
  Just to expand on the point raised by the gentleman from Oregon (Mr. 
DeFazio), the flight attendants self-defense training provision will 
require carriers to provide all flight attendants with the basic 
security training program, and those who opt for more advanced training 
to do so under the auspices of the TSA.
  There is a very interesting provision borrowed from our experience in 
the Federal Aid to Highway program that allows AIP funds to pay 
interest on debt incurred for AIP-eligible projects. We will expand 
under this manager's amendment that provision from select small 
airports to a very limited number of larger airports. I think that is 
indeed a very good measure that will accelerate development of airport 
capacity where we urgently need it.
  Mr. Chairman, I appreciate the willingness of the gentleman to work 
with us to include those provisions.
  Mr. DeFAZIO. Mr. Chairman, I enthusiastically support the manager's 
amendment, and I yield back the balance of my time.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, again I urge passage of the manager's amendment. I 
think we have attempted our level best to accommodate a number of 
requests from Members, particularly since the legislation was passed 
out of committee. I think the best amendments with the best possible 
language and compromises that could be worked out have been 
incorporated into this manager's amendment. We still will work with 
others as the legislation moves forward with conference.
  Again, I urge the adoption of this comprehensive manager's amendment 
that is also a bipartisan piece of work.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, if I could, I ask unanimous consent to 
reclaim a portion of my time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Chairman, I thank the gentleman from Oregon and thank 
the chairman. I want to thank the gentleman from Florida (Mr. Mica), 
the gentleman from Minnesota (Mr. Oberstar), and the gentleman from 
Oregon (Mr. DeFazio) for a provision in this bill which I think is very 
important.
  I represent three general aviation airports that are within the 15-
mile radius of the White House. As a result, they were shut down. They 
were not shut down because they were not operating safely and fairly; 
they were shut down because it was the perception and the belief of 
those in charge of our national security that they posed a risk.
  Obviously, they are all owned privately. They are not public 
airports. As a result, there was a very substantial adverse financial 
impact to many people, both who own the airports and who had 
concessions at the airports.
  There is authorized in this bill $100 million for the purpose of, 
both at National and other surrounding airports, not only here but 
throughout the country, those who suffered damage as a result of 9-11 
in a very real financial sense, for them to be not made whole, because 
that would be impossible at this point in time, but to be compensated 
for the losses they sustained.
  I want to thank the gentleman from Oregon (Mr. DeFazio), the 
gentleman from Florida (Mr. Mica), and the gentleman from Minnesota 
(Mr. Oberstar) for their leadership, the gentleman from Oregon (Mr. 
DeFazio) in getting this authorization effected. I appreciate it. I 
know they appreciate it. It is the right thing to do.
  I talked to Sean O'Keefe, of course, who now heads NASA, but was 
deputy director of OMB at the time of 9-11. He said he thought we ought 
to do this. It has taken us some time to get it done. I appreciate the 
leadership shown by the committee to effect this. I enthusiastically 
support the bill and this provision.
  In the aftermath of the September 11 terrorist attacks, the Federal 
Aviation Administration issued temporary flight restrictions on the

[[Page 14404]]

small aircraft of general aviation as part of its effort to make 
commercial air travel safer and to restore the public's confidence in 
the security of our Nation's airways and airports.
  Unfortunately, while those restrictions were lifted for general 
aviation in the rest of the country, small airports in the Washington 
metropolitan area have continued to languish under binding restrictions 
on their operations. In fact, the only airports in the country that are 
closed to incoming and outgoing general aviation are Reagan National 
and the three D.C. area general aviation airports. As a result, these 
small airports, specifically College Park Airport, Potomac Airfield, 
and Washington Executive, are on the brink of financial ruin. These 
airports have been forced to nearly cease their operations, 
effectively, endangering the livelihood of their employees who have 
lost income and jobs and airport owners who have lost income and jobs 
and airport owners who have lost long-time customers and revenue. In 
speaking with airport managers at all three of these airports, I have 
heard their disturbing reports on loss of operations, reductions in 
fuel sales, and loss of revenue since these flight restrictions were 
put in place.
  Lee Schiek, manager of the College Park Airport, reported earlier 
this year that flights in and out of College Park plummeted from about 
1,800 per month before September 11 to 164 per month at the beginning 
of 2003, and 55 of the airport's 87 based aircraft have left for other 
airports.
  There is no doubt that we must stem this tide of economic decline for 
general aviation. This industry is a proven, integral part of the 
nation's economy, providing vital services and economic stability to 
individuals, families, churches, hospitals, colleges, industry, small 
businesses, and communities. Aviation transportation in Maryland is a 
$1.3 billion industry, an industry too large and too important to be 
hobbled any further in an already weak economy.
  Today, the House of Representatives passed the FAA reauthorization 
bill that will provide $100 million to general aviation to help 
alleviate the cost incurred in meeting security requirements and the 
revenue lost because of the interruption in operations.
  The $100 million grant gives the Congress an opportunity to do for 
general aviation, small airports, and small business, and the 
independent pilot what we did for the airlines, large airports, and the 
insurance industry in the aftermath of the terrorist attacks. This 
shows that we recognize the sacrifice that general aviation has made in 
the effort to make us more secure. Let's not forget: the Federal 
Government imposed the restrictions on general aviation, and the 
Federal Government should do its part to help ease the financial burden 
those restrictions have caused. This is a fair restitution that will 
start the process of a return to financial health of general aviation.

                              {time}  1515

  Mr. DeFAZIO. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentleman from 
Florida (Mr. Mica).
  The amendment was agreed to.
  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in part B of House Report 108-146.


                 Amendment No. 2 Offered by Ms. Norton

  Ms. NORTON. Mr. Chairman, I offer amendment No. 2.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Ms. Norton:
       Page 73, after line 11, insert the following:
       (g) Removal of Certain Limitations on Metropolitan 
     Washington Airports Authority.--Section 49108 and the item 
     relating to such section in the analysis of chapter 491 are 
     repealed.

  The CHAIRMAN. Pursuant to House Resolution 265, the gentlewoman from 
the District of Columbia (Ms. Norton) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia 
(Ms. Norton).
  Ms. NORTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I think I have an amendment, and this is the way to 
start off, that I think the entire House can support. The entire region 
supports this amendment on a bipartisan basis. I think Members are 
going to be hearing from the gentlemen from Virginia, Mr. Wolf and Mr. 
Davis, who had wanted to speak to it.
  It is noncontroversial because I think Members do not want to put any 
airport authority at a disadvantage. Section 49-108 requires only the 
Metropolitan Washington Airport Authority to come back to Congress 
before receiving airport improvement funds and facility fees. These are 
always guaranteed, once appropriated.
  Many know that Dulles has a $2.4 billion construction project 
underway now as we go in and out. This provision to come back to 
Congress in September of 2004 puts at risk the funds to continue with 
that operation.
  The airport authority has an excellent bond rating and saves millions 
of dollars because of its bond rating, but the bond markets could read 
the unique treatment of this region negatively to mean that there is a 
risk of interruption of construction in progress. In fact, there has 
been before, although not for this reason. For other reasons there has 
been such a risk.
  The reason that risk would be seen is because Congress forces this 
airport authority in this region to return and have authorized what 
other airports get as a guaranteed matter.
  All agree that the Washington airport authority has done an 
outstanding job of operating and improving our airports. There will be 
multiple opportunities for Congress to have oversight over the 
Metropolitan Washington Airport Authority because we own the land, and 
therefore, at will, Congress can call back the airport authority.
  We are in this FAA reauthorization bill, and we will be here, 
therefore, every few years. This is a win-win. By voting for my 
amendment Congress gets its oversight, and there is no interruption of 
work in progress at Dulles because of doubts planted by section 49-108 
about congressional intention to release funds guaranteed to other 
jurisdictions.
  I ask that my amendment be passed.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I claim time in opposition to the amendment.
  The CHAIRMAN. The gentleman from Florida (Mr. Mica) is recognized in 
opposition.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I do have some questions about this amendment. I think 
we are going to probably acquiesce to the amendment, but Ronald Reagan 
National Airport and Dulles International Airport are unique airports. 
They are the only federally owned commercial passenger airports in the 
country. They were federally chartered and are not subject to the 
oversight, as I understand it, of the Governor of Virginia.
  This amendment gives the Secretary of Transportation permanent 
authority to provide grants to the Washington Metropolitan Airport 
Authority. By doing so, it removes in some ways, Congress' 
responsibility and ability to make periodic reviews of the airport 
authority's operations.
  This is a unique situation. We owe it to our Nation's taxpayers to 
fulfill our oversight responsibilities, and sometimes Congress needs to 
be reminded legislatively to do so. This amendment will change that 
dramatically.
  I have great reservations about this amendment, and I urge my 
colleagues to look at this amendment.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Virginia 
(Mr. Wolf), who has an opposing opinion.
  Mr. WOLF. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, I rise in strong support of the Norton amendment. I 
would ask all Members to support it.
  This airport authority, I was involved, as was the gentleman from 
Minnesota (Mr. Oberstar), Mr. Mineta, and a number of us, the gentlemen 
from Virginia, Mr. Moran and Mr. Davis, in putting this together. They 
have done an outstanding job. Those airports were in the 19th century 
when they took it over. Dulles has expanded and has first-class 
service. If we look at National Airport now with the parking and 
everything else, they have really done a great job.
  I would urge the House to respect the local airports authority, which 
has

[[Page 14405]]

proven I think, without doubt, it can successfully operate both of 
these airports. I would urge them to support the Norton amendment. I 
would say if Members bring this back to their own hometown, just as 
they would not want Congress dictating how to run Members' local 
airports, we really do not want the Congress to tell them how to run it 
because they have done an outstanding job.
  With that, I would urge that Members support the Norton amendment. I 
strongly support it. I appreciate the efforts of the gentleman from 
Virginia (Mr. Davis) with regard to that.
  Mr. Chairman, I rise today in strong support of the Norton amendment 
which would repeal the requirement that the Metropolitan Washington 
Airports Authority (MWAA) must come to Congress before September 30, 
2004, to ensure that the local airports can continue to receive 
development project grants and impose a passenger facility fee.
  I was part of the bipartisan coalition in 1987 which successfully 
secured the passage of legislation signed by President Reagan which 
transferred both Reagan National and Dulles International from Federal 
control to the local airports authority. Because of that change to 
local control, both airports today are success stories.
  Passenger activity at National and Dulles Airports has nearly doubled 
to 31 million passengers in 2002. A massive capital development program 
at both airports has totaled well over $3 billion. Reagan National 
Airport was modernized in 1997 with a new terminal building including 
major improvements to airport traffic management and Metro system 
connections.
  At Dulles, there are new concourses and the airport's first parking 
garages, and under way is a $3.2 billion capital improvement project. 
In tandem with the airport's growth, the Smithsonian Institution will 
open its new Air and Space Museum annex later this year located at 
Dulles Airport.
  These airports have proven they are quality facilities serving not 
only the people in the Washington area, but air travelers across the 
Nation and around the world.
  There is simply no reason for the airports to be called to Congress 
to prove their worthiness. What other airports in the country have to 
make such a command performance? None. Zero.
  Congress got out of the airports business in 1987. It's time to stop 
micro-managing Reagan National and Dulles.
  I also want to say how disappointed I am that Mr. Moran was 
foreclosed by the rule from offering his amendment on the slots issue 
at Reagan National.
  A delicate balance exists between flight operations at Dulles and 
Reagan. Increased take offs and landings at Reagan National and more 
flights beyond the 1,250-mile perimeter hurt Dulles, where longer haul 
flights originate. Those flight changes also mean coping with more 
noise for citizens living in the Washington area.
  I would urge my colleagues to respect the local airports authority, 
which has proven it can successfully operate the Washington area 
airports, and support the Norton amendment.
  Just as you would not want Congress dictating how to run your local 
airport, I would ask you to let the Metropolitan Washington Airports 
Authority do its job in operating Reagan National and Dulles without 
congressional interference.
  Mr. MICA. Mr. Chairman, I reserve the balance of my time.
  Ms. NORTON. Mr. Chairman, I yield myself such time as I may consume.
  I particularly appreciate the support of the gentleman from Virginia 
(Mr. Wolf). He is the transportation expert in this region, and he is, 
I think, the acknowledged transportation expert in this House.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I rise in support of the amendment offered by the 
gentlewoman from the District of Columbia, Ms. Eleanor Holmes Norton, 
which would repeal a section of the law that requires the Metropolitan 
Washington Airports Authority (MWAA) to obtain special legislation to 
be eligible to receive airport project grants and to impose passenger 
facility fees. No other airport is required to seek such congressional 
approval. While this procedure may have been justified in the early 
days of MWAA, it has outlived its usefulness.
  Until 1986, the National and Dulles airports were run by the Federal 
Aviation Administration (FAA). When the airports were transferred to a 
regional authority in 1986, there were concerns that the regional 
authority would be unduly influenced by local interests, and not carry 
out federal objectives for the airports serving our Nation's Capital. 
To ensure that Federal concerns were considered, the 1986 legislation 
established Federal oversight over MWAA's activities, including Federal 
representation on its Board of Directors, special requirements in 
MWAA's lease agreement with the Department of Transportation, and 
requirements for audits of MWAA by the General Accounting Office (GAO).
  In 1996, Congress further strengthened its oversight by requiring 
that new legislation would have to be passed for MWAA to be elible for 
AIP grants or PFCs, after October 1, 2001. The FAA reauthorization act 
of 2000, known as AIR-21, continued MWAA's eligibility, but required 
new legislation for eligibility after October 1, 2004. These provisions 
are unique to MWAA; no other airports operator has such restrictions on 
its eligibility for funding.
  It is my understanding that although MWAA enjoys an excellent bond 
rating, the fact that they must continually come to Congress to receive 
grant monies or charge a PFC has caused concerns in the bond community. 
Continuing to place MWAA's funds in a different status from those of 
other airports could negatively affect its current high bond rating, 
resulting in higher interest charges, and possibly higher rents and 
fees at the airports.
  I believe that MWAA has done an outstanding job in developing 
National and Dulles Airports, carrying out the objectives of the 1986 
legislation. We no longer need to treat MWAA differently than all other 
airport authorities. The Federal directors on MWAA's Board, this 
Committee's continuing oversight, and GAO audits will ensure that 
Federal interest in the airports continue to be respected.
  I urge my colleagues to support this amendment.
  Ms. NORTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Mr. Chairman, I thank my friend and colleague, 
the gentlewoman from the District of Columbia (Ms. Norton), and the 
ranking member, the gentleman from Minnesota (Mr. Oberstar), for 
supporting this amendment.
  The reason why the gentlewoman and I offered this amendment is that 
we really have an unfair provision here that, as the gentlewoman from 
the District of Columbia (Ms. Norton) said, does not apply to any other 
airport authority. It says that we cannot receive in the Washington 
area any new airport improvement grants or new passenger facility 
charges until we come back to the Congress.
  This is in violation, really, of a 1986 agreement that then Mrs. 
Dole, Elizabeth Dole, who was Secretary of Transportation, made with 
the Washington region. The words said that the airport authority, the 
Metropolitan Washington Airport Authority, will have ``full power and 
dominion over, and complete discretion in, operation and development of 
the Airports.''
  In return, Virginia, D.C., and Maryland agreed to accept operational 
control of the airports and raise the money necessary to modernize 
them. We fulfilled our part of the bargain. We have two terrific 
airports. We funded them and we operate them. All we are asking is that 
we be treated like every other airport, and that we not have to come 
back and get this special authority to be able to continue doing what 
we, under law, are doing and doing very well.
  The expansion of slots is micromanaging an airport by the Federal 
Government that really is in contradiction to the agreement. Likewise, 
it is designating some of those slots to go beyond the 1,250-mile 
perimeter rule.
  National Airport was not built to accommodate transcontinental 
flights. It was built for short-haul flights to serve midsized cities. 
Ultimately, this is going to harm those midsized cities up and down the 
east coast, basically east of the Mississippi River. It is going to 
hurt their economy. It also jeopardizes the economy, the economic 
viability, of Dulles Airport, which was built to handle 
transcontinental flights.
  If we start sending those flights to National, even though it is more 
convenient to get to National, it really hurts Dulles. It is going to 
hurt the economy, not just for this region, but of the Nation.
  Ms. NORTON. Mr. Chairman, I yield the balance of my time to the 
gentleman from Virginia (Mr. Davis).

[[Page 14406]]


  Mr. MICA. Mr. Chairman, I yield 1 minute to the gentleman from 
Virginia (Mr. Davis).
  The CHAIRMAN. The gentleman from Virginia (Mr. Davis) is recognized 
for 1\1/2\ minutes.
  Mr. DAVIS of Virginia. Mr. Chairman, I thank my friends for yielding 
time to me.
  As my friends know, this is a very important economic issue to those 
in Washington, Virginia, and the entire metropolitan area as well. We 
are the only airport in the country that faces these restrictions over 
their money.
  If we want to continue the multibillion-dollar redevelopment efforts 
at Dulles Airport, these are the kinds of restrictions that can knock 
that out the window. That hurts flights coming into the Washington 
area. It does not help them at all. However well-intentioned this is 
with trying to keep congressional oversight, it can actually have a 
detrimental effect on this.
  Congress has been reluctant to exercise that oversight. We would not 
have had the new terminal at Reagan National or at Dulles, had the 
Federal Government remained in charge of this. We have done this 
through some grants from the government, but through a lot of local 
taxes as well. That has improved air service to this region.
  We also play a very dangerous game with the economic balance between 
the different airlines that have paid for slots when we start holding 
this up to have Federal approval of these. I think this is not 
warranted in any way, shape, or form.
  I think the gentlewoman's aim is absolutely correct. I support it 
wholeheartedly. The 2.4 billion expansion that is currently underway is 
jeopardized should this amendment go down, or should we somehow kick in 
the authority that is sought that is now, under the manager's 
amendment, postponed to 2007; but should that kick in, that money would 
be at risk should there be any kind of congressional deadlock on 
Federal grants. That would be unusually detrimental.
  Let us lift this restriction entirely. Congress can always step back 
in should there be a reason, but I think the gentlewoman's amendment is 
required at this point. I urge its adoption.
  Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, we have heard from some outstanding Members of Congress 
who represent the greater Washington area and the Northern Virginia 
area. They have been strong advocates for Ronald Reagan National 
Airport. They have done a great job in looking after that national 
asset.
  It truly is unique. It is the only airport, that and Dulles, that are 
owned by the Federal Government. This is a protection for the 
taxpayers, and it is good to have required periodic review and 
oversight.
  I do have questions about the amendment, but I do believe that they 
have the support to pass the amendment, so I express that concern.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from the District of Columbia (Ms. Norton).
  The amendment was agreed to.
  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in part B of House Report 108-146.


        Amendment No. 3 Offered by Mr. Peterson of Pennsylvania

  Mr. PETERSON of Pennsylvania. Mr. Chairman, I offer amendment No. 3.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Peterson of Pennsylvania:
       Page 75, strike line 12 and all that follows through line 
     18 on page 76.
       Page 76, line 19, strike ``(3)'' and insert ``(2)''.
       Page 81, line 13, strike the following:
       ``(1) Eligible places.--
       Page 81, strike lines 18 through 22.

  The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from 
Pennsylvania (Mr. Peterson) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Peterson).
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, I would first like to compliment the chairman and the 
ranking member for, I think, putting together an exceptional bill. I 
want to thank them for working with us on this amendment that we think 
will improve the bill.
  I am glad to be joined by the gentleman from New York (Mr. McHugh) 
and the gentleman from Pennsylvania (Mr. Shuster) to offer an amendment 
that will remove the copayment for a number of the smallest airports 
who will be receiving essential air service, saving them from making a 
copayment.
  We understand the logic, but at the present time we all know that our 
airlines are in trouble. We have bailed them out with $18 billion 
trying to keep them solvent. We know airports are struggling. We know 
the commuter services are struggling even more because a lot of the 
commuter services got no portion of that bailout. We know that small 
commuter airports are fighting for their economic lives, and often in 
communities that are fighting for their economic lives.
  Just for example, the Venango Regional Airport is trying to raise 
$6,000 to market the services there and improve emplanements. If this 
amendment was not accepted, they would be paying $22,000 the first 
year, which I think would be much better used marketing, and on the 
fourth year would be paying $87,000.
  It is important that we pass this amendment that allows these small 
regional airports to rebuild the services.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Pennsylvania (Mr. Shuster), who wants to help support this bill.

                              {time}  1530

  Mr. SHUSTER. Mr. Chairman, I thank the gentleman for yielding me 
time.
  I also want to congratulate the gentleman from Alaska (Mr. Young) and 
the gentleman from Florida (Mr. Mica) and the ranking member, the 
gentleman from Minnesota (Mr. Oberstar), and the gentleman from Oregon 
(Mr. DeFazio) for what I consider an excellent bill.
  As my colleagues said, I think this amendment will improve the bill. 
The intent of our amendment is to strike the language that imposes cost 
sharing of EAS funds on a select few small communities, rural community 
airports.
  These communities today are struggling to meet their current 
financial situations brought about by a sluggish economy and an 
increased cost on homeland security. These air links for these 
communities are vital, vital for economic development, especially in 
rural America from which I hail.
  Some would say that there are significant costs savings; but if you 
look at this relative to the overall bill, we have a $59 billion bill 
over 4 years, and this language would only save $7.5 million. Here in 
Washington that is small change; but in rural America that is 
significant, significant to these small and rural communities.
  So I would like to thank the gentleman from Alaska (Mr. Young); the 
gentleman from Florida (Mr. Mica); the ranking member, the gentleman 
from Minnesota (Mr. Oberstar); and the gentleman from Oregon (Mr. 
DeFazio) for accepting this amendment and supporting it. Once again, I 
congratulate them on a tremendous bill, a strong bill that is going to 
help all of America.
  Mr. MICA. Mr. Chairman, I rise in opposition.
  The CHAIRMAN. The gentleman from Florida is recognized for 5 minutes 
in opposition to the amendment.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, again, I have some reservations and I think I have the 
responsibility as Chair of the subcommittee to raise those reservations 
about the amendment.
  It is being put forth by three outstanding Members with very good 
intentions. They represent rural airports

[[Page 14407]]

and are concerned about service and the contribution. Let me say, 
though, that this program goes back to 1970, late 1970s when we 
deregulated the airlines; and each year subsequently some of these 
communities have gotten this subsidization of service and some should 
use it, maybe some should not.
  The nature of the aviation industry has changed dramatically, and 
service has changed dramatically around the country. And we are looking 
for ways to enhance that service, particularly to the small community. 
And you can find no stronger advocate than me in that regard.
  The administration had proposed a 25 percent match; and as a 
compromise, we lowered that to some 10 percent. We also have a 
provision in here for a waiver for hardship cases. We do believe that 
some review is necessary and that there should not be an automatic 
disbursement from Washington without some equal match. And also I might 
add for the record that we have increased the authorization from some 
$65 million to $115 million. So I have concern about this.
  My concern also is that in the long run we will have less money. We 
may have appropriators who may just take a pen and slash through the 
program, and we can possibly see harm done to a program that we all 
want to assist. So it is a good program.
  I have concern about the amendment. I think that we are going to let 
this amendment pass and then hopefully it will be considered in 
conference. But I wanted to raise those points that I think are in the 
best interest of the essential air service for all of our smaller 
communities.
  Mr. Chairman, I reserve the balance of my time.
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield 1 minute to the 
gentleman from New York (Mr. McHugh).
  Mr. McHUGH. Mr. Chairman, I thank the gentleman for yielding me time.
  I want to thank my two colleagues and neighbors from the great State 
of Pennsylvania to the south for their hard work and leadership. It has 
been a pleasure to work with them.
  I want to echo their statements in support of the subcommittee 
chairman, the gentleman from Florida (Mr. Mica), and the gentleman from 
Alaska (Mr. Young) and the ranking member and other distinguished 
members. I think they have made this particular provision far better 
than the administration's original proposal.
  I am very sensitive and cognizant of the concerns that we just heard 
the subcommittee chairman voice. And clearly before we take the next 
step, we want to make sure we understand the full ramifications of what 
we are doing.
  Let me state a couple of things. First of all, I think there are few 
times in this Nation's history when this kind of initiative would be 
more inappropriate. Following September 11 the airline transportation 
industry was particularly challenged, and those in rural communities 
are especially under fiscal duress, 20 to 30 percent property tax 
increases in the making as we speak. Any added burden at this time, I 
think, would be particularly difficult to accommodate.
  The second is the question that the subcommittee chairman raised with 
respect to accrued savings. In my district I think we have a perfect 
example of where we have three communities that are partnered together 
in a single package. If this 10 percent cost share were to prevail, the 
one community that is the most efficient, the most effective, and has 
most to it would be affected by that 10 percent and would likely 
withdraw and the end percent, I would respectfully suggest, would 
actually be a greater outlay in subsidy by the Federal Government 
rather than savings.
  So I think the subcommittee chairman is right. We wanted to 
understand the full ramifications of this; and as we attempt to do that 
to conference and beyond, certainly, this is a very appropriate 
amendment. I thank the chairman and the subcommittee chairman and the 
ranking member for agreeing to it.
  Mr. CHAIRMAN, It is imperative that the House approve the amendment 
we offer here today. The cost-sharing provisions in the bill put at 
risk the very foundation of the Essential Air Service program.
  For those of us who have served in Congress for some time, it will be 
recalled that we have fought this battle to preserve air service to our 
rural communities many times. Each year, I join the fight to identify 
and enact funding to help maintain the program and, consequently, 
maintain air service to four--soon to be five--subsidized communities 
in Northern New York.
  As many of you are experiencing in your own States, budget deficits 
are running rampant and New York is no different; our counties and 
localities are suffering no less. I fear it will be an insurmountable 
burden for cash-strapped local governments already coping with property 
tax hikes in the 20-30 percent range. It is simply asking too much. 
This program is vitally important to our economy in rural America and I 
believe it is particularly important to continue fighting to see that 
it is fully funded.
  I have at least one community in the District I represent that is 
impacted by the cost-sharing provisions of this bill. Relying solely on 
mileage figures can be greatly misleading in determining the true 
distance and actual time when speaking about an area like Northern New 
York. Oftentimes snow can be found on the ground 8 months out of the 
year and the interstate highway that connects this EAS community and 
the small hub is all too frequently closed on a moment's notice due to 
service weather.
  While the suggested purpose of the cost-sharing provisions is to 
reduce the cost of the overall program, I question whether that will 
truly be the ultimate result. In my State, three of my EAS communities 
are served by one contract with one airline--a triple hit, if you will. 
The airline is paid on sum of money for serving three communities. If 
one of these communities is required to cost share, and is unable to do 
so, it will be knocked out of the program. What, then, happens to the 
subsidy determination of the other communities. The community no longer 
eligible has the highest enplanements of the three and, theoretically, 
the lower costs. Will the airline then require higher subsidies from 
the Federal Government to serve the two remaining communities? If so, 
the objective of saving Federal money won't be realized.
  I understand some believe that communities need to have this type of 
vested financial interest in the program so they will encourage usage 
of the service. I believe this, too, is an inaccurate representation. 
Rural EAS communities all across America already have a significant 
vested financial interest--through subsidization of their airport 
operations, capital investments, etc.
  It is true the cost-sharing provisions are not a requirement and 
there is a waiver provision. But be assured the Department of 
Transportation will make every effort to implement it. Otherwise, why 
make it an option?
  In closing, Mr. Chairman, let me say that I appreciate the 
Transportation Committee's commitment to the increase in the authorized 
funding level contained and to provide for an optional program that 
would allow interested communities to devise alternative transportation 
service for their residents, if they willingly choose to do so.
  That having been said, we must not cut off communities like those in 
Northern New York that have come to depend on this service. But that is 
exactly what will happen if cost-sharing is implemented. It is a 
slippery slope that I respectively suggest we do not want to go down.
  I strongly urge your support for, and passage of, the Peterson-
McHugh-Shuster amendment to save the Essential Air Service program. The 
program is perhaps the singular most important asset to the economy 
recovery of our rural communities.
  Mr. MICA. Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN pro tempore (Mr. Sweeney). The gentleman from Florida 
(Mr. Mica) has 2\1/2\ minutes remaining. The gentleman from 
Pennsylvania (Mr. Peterson) has 1 minute remaining.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I do have some concerns. We are willing to work with 
those who have offered this amendment today. We do not want to do harm 
when we want to do good, particularly in providing essential air 
service to our smaller communities. So with those concerns raised, this 
probably will pass, but I did want to state my concern for the record.
  Mr. Chairman, I yield 1 minute to the gentleman from Minnesota (Mr. 
Oberstar), the ranking member of the full committee.

[[Page 14408]]


  Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me 
time.
  We have worked with the chairman and the chairman of the full 
committee on this EAS program, and I talked about it in my remarks 
during general debate about how important it is for small communities, 
but I just want to make it clear that the committee really made 
significant effort here to protect EAS cities. And it should be noted 
that we expanded the program, a 10 percent local share for cities that 
are less than 170 miles from a large or medium-hub airport or less than 
75 miles from a small-hub airport. And out of concern that small 
communities might not be able to pay that share, the chairman and the 
chairman of the full committee worked with us and the ranking member, 
the gentleman from Oregon (Mr. DeFazio), to include a hardship 
provision, to allow the Secretary to waive that local share if the 
community is unable to pay and can demonstrate that inability to pay. 
So we did not ignore these needs.
  We addressed them I think in a very appropriate and thoughtful 
fashion. I want that to be stated in concert with the chairman who 
expressed those concerns. And I think by increasing the funds we have 
made it a lot easier to get service to EAS airports.
  The CHAIRMAN pro tempore. Both Members have 1 minute remaining.
  The gentleman from Pennsylvania (Mr. Peterson) is recognized.
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, I again want to thank the chairman and ranking member 
for their support. I understand how they were trying to protect this 
program. As an appropriator, I can assure the gentleman that I will be 
working to solve that problem on the appropriations side. We have had 
our opponents.
  I have never understood when we can spend $7.5 billion for mass 
transit and not ask a question. We spend merely $100 million to provide 
rural air service, it is the one rural program, it has been continued 
under attack since I have been here. And I understand, but I do not 
think there has ever been a time that we need to give the rural 
airports a chance to pull themselves up by their bootstraps, to 
reinvigorate the use of these airports, when the airports were shut 
down literally because of the parking requirements, they all lost their 
parking lots because it had to be so many hundred feet before you could 
park a car from an airport; these rural airports were all shut down 
unless they were parking in plowed fields. It caused damage that has 
not recovered yet.
  We are hoping to get some marketing money so we can get the service 
back there to these rural communities because it is a vital part of 
economic development and growth. And we know that most of the money 
went to the big airlines and did not trickle down to the privates that 
served them.
  So we just are thankful that the gentleman is willing to work with 
us. We might be willing to look at a partnership with the States if we 
can get the States to buy in to help a little bit with this program, 
but to put it on the individual communities will not work.
  The CHAIRMAN pro tempore. The gentleman from Florida (Mr. Mica) has 1 
minute remaining.
  Mr. MICA. Mr. Chairman, I yield the balance of my time to the 
gentleman from Minnesota (Mr. Oberstar), the ranking member.
  Mr. OBERSTAR. Mr. Chairman, I would just take a moment to express my 
appreciation for the recognition by the gentleman from Pennsylvania 
(Mr. Peterson) that it has been the Committee on Appropriations that 
has been the obstacle on EAS. It has been the Committee on 
Appropriations that has time and again put legislative limitations on 
the use of EAS funds.
  Now, if we have an advocate over there in the Committee on 
Appropriations in the form of the gentleman from Pennsylvania (Mr. 
Peterson), maybe we can get all of this straightened out and make sure 
that those dollars do flow. Because we can write the authorizations; 
but if the appropriations do not flow or if there are further 
limitations on it, then all this good work we do in our committee is 
undercut.
  Mr. MICA. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Pennsylvania (Mr. Peterson).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 4 printed in part B of House Report 108-146.


                  Amendment No. 4 Offered by Mr. Pitts

  Mr. PITTS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Pitts:
       Page 82, before line 11, insert the following:

       (g) Measurement of Highway Mileage for Purposes of 
     Determining Eligibility for Essential Air Service 
     Subsidies.--
       (1) Determination of eligibility.--Subchapter II of Chapter 
     417 of title 49, United States Code, (as amended by 
     subsection (f) of this bill) is further amended by adding at 
     the end the following new section:

     ``Sec. 41746. Distance requirement applicable to eligibility 
       for essential air service subsidies

       ``(a) In General.--The Secretary shall not provide 
     assistance under this subchapter with respect to a place in 
     the 48 contiguous States that--
       ``(1) is less than 70 highway miles from the nearest hub 
     airport; or
       ``(2) requires a rate of subsidy per passenger in excess of 
     $200, unless such place is greater than 210 highway miles 
     from the nearest hub airport.
       ``(b) Determination of Mileage.--For purposes of this 
     section, the highway mileage between a place and the nearest 
     hub airport is the highway mileage of the most commonly used 
     route between the place and the hub airport. In identifying 
     such route, the Secretary shall--
       ``(1) promulgate by regulation a standard for calculating 
     the mileage between an eligible place and a hub airport; and
       ``(2) identify the most commonly used route for a community 
     by--
       ``(A) consulting with the Governor of a State or the 
     Governor's designee; and
       ``(B) considering the certification of the Governor of a 
     State or the Governor's designee as to the most commonly used 
     route.''.
       (b) Conforming Amendment.--The analysis for subchapter II 
     of chapter 417 of title 49, United States Code, (as amended 
     by subsection (f) of this bill) is further amended by 
     inserting after the item relating to section 41745 the 
     following new item:

  ``41746. Distance requirement applicable to eligibility for essential 
              air service subsidies.''.
       (h) Repeal.--The following provisions of law are repealed:
       (1) Section 332 of the Department of Transportation and 
     Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731 
     note).
       (2) Section 205 of the Wendell H. Ford Aviation Investment 
     and Reform Act for the 21st Century (49 U.S.C. 41731 note).
       (3) Section 334 of the Department of Transportation and 
     Related Agencies Appropriations Act, 1999 (section 101(g) of 
     division A of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999) (Public Law 105-277; 
     112 Stat. 2681-471).
       (i) Secretarial Review.--
       (1) Request for Review.--Any community with respect to 
     which the Secretary has, between September 30, 1993, and the 
     date of the enactment of this Act, eliminated subsidies or 
     terminated subsidy eligibility under section 332 of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2000 (49 U.S.C. 41731 note), Section 205 
     of the Wendell H. Ford Aviation Investment and Reform Act for 
     the 21st Century (49 U.S.C. 41731 note), or any prior law of 
     similar effect, may request the Secretary to review such 
     action.
       (2) Eligibility determination.--Not later than 60 days 
     after receiving a request under subsection (i), the Secretary 
     shall--
       (A) determine whether the community would have been subject 
     to such elimination of subsidies or termination of 
     eligibility under the distance requirement enacted by the 
     amendment made by subsection (g) of this bill to subchapter 
     II of chapter 417 of title 49, United States Code; and
       (B) issue a final order with respect to the eligibility of 
     such community for essential air service subsidies under 
     subchapter II of chapter 417 of title 49, United States Code, 
     as amended by this Act.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 265, the 
gentleman from Pennsylvania (Mr. Pitts) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the essential air service program is important for many 
small airports throughout the country.

[[Page 14409]]

It helps smaller communities to connect with larger cities and their 
airports and facilitates travel, tourism, and economic development.
  To be eligible to receive such assistance, the community where the 
airport is located must be greater than 70 miles from the nearest large 
or medium-hub airport according to the most commonly used highway 
route. However, the Department of Transportation does not always use a 
consistent standard in determining the most commonly used highway 
route, nor do they actually determine the most commonly used route. 
Sometimes they have use the most direct route, even if it means taking 
back roads.
  In my congressional district, this has led to the Lancaster Airport 
to lose its eligibility for the EAS program. The Department, using the 
most direct route, determined Lancaster Airport to be 68.5 miles from 
the Philadelphia International Airport. However, the route they chose 
would take the average driver more than 3 to 4 hours to drive. It winds 
along the old Lincoln Highway through dozens of small towns. In fact, 
anybody from my district knows that this is probably the worst way to 
get to Philadelphia.
  The most commonly used highway route, the one that locals know as the 
fastest, uses the Pennsylvania Turnpike or other highways; and this 
route may be 12 miles longer, but you can get to Philadelphia in half 
the time. Because the Department is using the wrong route, Lancaster 
Airport's only commercial air carrier ceased operations at the airport 
on March 23 of this year.
  The air carrier maintained that current market condition, fewer 
passengers and high costs made it impossible to continue without 
investment from the EAS program. This issue affects other small 
airports throughout the country and could affect more if this issue is 
not addressed.
  My amendment addresses this problem by requiring the Secretary of 
Transportation to define a consistent standard for determining the most 
commonly used route. It also requires the Secretary to consult with the 
Governor of the State in which the airport in question is located or 
the Governor's designee as to the most commonly used highway route 
between that airport and the nearest large or medium-hub airport. 
Essentially, my amendment seeks to inject predictability and common 
sense into the process for determining EAS eligibility. It is narrowly 
tailored to improve the EAS eligibility process without impeding on the 
Secretary's authority to determine eligibility. I urge my colleagues to 
support this amendment.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1545

  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, I thank the gentleman for yielding 
me the time.
  I think his amendment has merit, but I am going to talk about just 
the bill itself for a few moments. I want to thank again the gentleman 
from Oregon (Mr. DeFazio) and the gentleman from Minnesota (Mr. 
Oberstar), especially my good chairman the gentleman from Florida (Mr. 
Mica) for doing the work on what I think of as a very good bill.
  Air travel is coming back, as the gentleman from Minnesota (Mr. 
Oberstar) has mentioned before. It is important that we look at where 
we were before 9/11 and recognize that those challenges are raising 
their heads again: the on-time provisions, the utilization of our 
airstrips, technology which is now available which was not available 
before, before AIR 21 was there, and I think we can use our airports 
more effectively.
  It is our goal through this legislation and as the authorization for 
4 years that we will see the time when we go beyond those numbers that 
we had prior to 9/11. But nothing happens in this body without the 
cooperation from one another. I think this is an example of how 
committees should work together in a bipartisan effort to achieve what 
is best for the Nation as a whole.
  This bill does that and I want to compliment again both sides, and I 
am very, very confident this bill will pass overwhelmingly, and I thank 
everybody that has been involved.
  The CHAIRMAN pro tempore (Mr. Sweeney). Does anyone rise to claim 
time in opposition?
  Mr. DeFAZIO. Mr. Chairman, I rise to claim the time in opposition, 
although, I do not intend to speak in opposition.
  The CHAIRMAN pro tempore. Without objection, the gentleman is 
recognized for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  I actually rise in strong support of the gentleman's amendment. I 
represent a State that has topography which is foreign to many of the 
bureaucrats inside the Washington, D.C. Beltway, as do other Members 
from even more challenging terrain in Alaska and elsewhere, and it is 
hard for them to conceive that what looks on a map as a pretty 
straightforward route might happen to be a route that is not open in 
the wintertime or, even if it is open some of the time in the 
wintertime, it is often impassable; that even in the best of times it 
is over a mountain range, even though it is the shortest distance.
  So I think common sense certainly being applied as an antidote to 
bureaucratic intransigence in this case is very well merited, and I 
congratulate the gentleman on his amendment. It is something I had 
missed in my perusal of the bill, and many others I know would be 
concerned for this. We thank him for his vigilance and the amendment.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I rise in support of the amendment offered by the 
gentleman from Pennsylvania, Mr. Pitts, which would clarify the 
measurement of highway mileage for purposes of determining essential 
air service (EAS) eligibility.
  Under current law, communities are not eligible for the EAS subsidy 
if they are less than ``70 highway miles'' from the nearest large or 
medium hub airport. Congress first imposed this 70-mile standard in the 
FY1992 Transportation Appropriations Act, and renewed it every fiscal 
year until the FY2000 Appropriations Act, which made it a permanent 
restriction.
  In AIR 21, Congress gave the Department discretionary authority ``to 
provide assistance with respect to a place that is located within 70 
highway miles of a hub airport if the most commonly used highway route 
between the place and the hub airport exceeds 70 miles.'' Nevertheless, 
despite its discretionary authority, the Department generally employs 
the ``most direct route'' standard. This issue has created controversy 
and even litigation between local communities and the Department, 
including litigation that involves Lancaster Airport in the gentleman's 
district.
  The gentleman's amendment would require the Department to use the 
``most commonly used route standard'' in measuring mileage for EAS 
eligibility. Additionally, the amendment would require local input in 
determining the ``most commonly used highway route.'' Specifically, the 
amendment would require the Secretary of Transportation to consult with 
the Governor of the State in which the airport is located as to the 
most commonly used highway route between that airport and the nearest 
hub airport. Further, the amendment requires the Secretary to 
promulgate by regulation a consistent standard for calculating the most 
commonly used route.
  It will bring into the EAS program deserving eligible communities 
that have otherwise been cut off arbitrarily by current law. This is a 
common sense change. If we are to have a mileage standard for EAS it 
should be based on the miles people will actually drive, not a 
theoretical route, which probably takes longer than the actual route. 
The gentleman's amendment will make the law reflect reality.
  For these reasons, I support the gentleman's amendment.
  Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Florida (Ms. Corrine Brown).
  Ms. CORRINE BROWN of Florida. Mr. Chairman, I would like to thank the 
gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr. 
Mica), the gentleman from

[[Page 14410]]

Minnesota (Mr. Oberstar) and the gentleman from Oregon (Mr. DeFazio), 
for their hard work in bringing this bill to the floor today and for 
working with Members on and off the committee to ensure a fair process 
that includes Members' ideas.
  It is very fitting that we pass this legislation in the same year 
that we are celebrating 100 years of providing power flights. We had a 
good debate in both the subcommittee and full committee, and I expect 
it to continue today and throughout the conference.
  Since 9/11 the Committee on Transportation and Infrastructure has 
been focusing on improving the security of our transportation 
infrastructure and ensuring the safety of the traveling public. This 
reauthorization bill goes a long way in accomplishing this goal and 
fits well into the overall homeland security plan we are developing.
  The FAA has a very important job to do, and this bill provides 
additional funding and the direction that would allow the FAA to 
improve the air transportation system for passengers, airports, 
airlines and many businesses that rely on the aviation industry.
  I encourage my colleagues to support the bill and this amendment as 
we continue on the road to improved safety and security for the 
traveling public.
  The CHAIRMAN pro tempore. The Chair would advise Members that the 
gentleman from Pennsylvania (Mr. Pitts) has 1\1/2\ minutes remaining 
and the gentleman from Oregon (Mr. DeFazio) has 1\1/2\ minutes 
remaining.
  Mr. PITTS. Mr. Chairman, I yield 1 minute to the gentleman from Iowa 
(Mr. Leach).
  Mr. LEACH. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  I want to thank him for bringing this amendment. It is a very 
thoughtful amendment. It is a very small amendment. On the other hand, 
it relates to few airports in the country, and it relates to techniques 
to bring rationale indeed to how one devises standards.
  It happens to affect one airport in my district in the town of 
Ottumwa; and Ottumwa is a wonderful, small American community, and 
there are those of us that truly love this community and its airport 
which can be knocked out of service with great ease. In fact, it 
largely is today, based upon certain definitional issues.
  This helps to address those definitional issues. It helps to bring 
rationality to government programming, and it helps people in a very 
real way, and so I want to thank the gentleman from Pennsylvania (Mr. 
Pitts) for his thoughtful leadership, and I would hope the committee 
would sympathetically concur in the gentleman's amendment.
  Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
  Mr. PITTS. Mr. Chairman, I want to thank the gentleman from Iowa, the 
gentleman from Oregon (Mr. DeFazio), the ranking member and the 
chairman of the committee and the subcommittee for their support; and I 
yield the balance of the time to the gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Chairman, I just wanted to conclude both the debate on 
the amendment and more than likely the debate on this legislation. I 
thank everyone for their cooperation. This truly does show how 
legislation can be drafted in a bipartisan manner, and it shows too 
with the gentleman from Pennsylvania's (Mr. Pitts) amendment, which I 
rise in support of, that all the good ideas just do not come from the 
committee.
  He has a good idea. It will improve this bill. It shows the majesty 
of the system our Founding Fathers created, and this working today does 
demonstrate good legislation.
  I rise in support again of the Pitts amendment and the bill, the 
underlying measure.
  Mr. PITTS. Mr. Chairman, I yield back my time.
  The CHAIRMAN pro tempore. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Pennsylvania (Mr. Pitts).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. MICA. Mr. Speaker, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
will be postponed.


          Sequential Votes Postponed In Committee Of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed in the following order: amendment No. 5 
printed in part B offered by the gentleman from Illinois (Mr. 
Manzullo), amendment No. 4 printed in part B offered by the gentleman 
from Pennsylvania (Mr. Pitts).
  The first electronic vote will be conducted as a 15-minute vote. The 
second electronic vote will be conducted as a 5-minute vote.


                Amendment No. 5 Offered by Mr. Manzullo

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Illinois 
(Mr. Manzullo) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 426, 
noes 0, not voting 8, as follows:

                             [Roll No. 262]

                               AYES--426

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez

[[Page 14411]]


     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Brown-Waite, Ginny
     Cubin
     Eshoo
     Fossella
     Gephardt
     Matsui
     Smith (WA)
     Spratt


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1613

  Messrs. INSLEE, CARSON of Oklahoma and NADLER changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. GINNY BROWN-WAITE of Florida. Mr. Chairman, on rollcall No. 262 I 
was inadvertently detained. Had I been present, I would have voted 
``aye''.


                  Amendment No. 4 Offered by Mr. Pitts

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Pitts) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 422, 
noes 0, not voting 12, as follows:

                             [Roll No. 263]

                               AYES--422

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (TX)
     Snyder
     Solis
     Souder
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Boehner
     Case
     Cubin
     Edwards
     Eshoo
     Fossella
     Gephardt
     Issa
     Matsui
     Smith (NJ)
     Smith (WA)
     Spratt


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are 
advised that 2 minutes remain in this vote.

                              {time}  1621

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The CHAIRMAN pro tempore. The question is on the committee amendment 
in the nature of a substitute, as modified, as amended.
  The committee amendment in the nature of a substitute, as modified, 
as amended, was agreed to.

[[Page 14412]]

  The CHAIRMAN pro tempore. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Terry) having assumed the chair, Mr. Sweeney, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2115) to amend title 49, United States Code, to reauthorize programs 
for the Federal Aviation Administration, and for other purposes, 
pursuant to House Resolution 265, he reported the bill back to the 
House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MICA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 418, 
nays 8, not voting 8, as follows:

                             [Roll No. 264]

                               YEAS--418

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--8

     Crane
     Davis, Tom
     Flake
     Moran (VA)
     Obey
     Paul
     Sensenbrenner
     Wolf

                             NOT VOTING--8

     Cubin
     Eshoo
     Fossella
     Gephardt
     Lynch
     Matsui
     Smith (WA)
     Spratt


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Terry) (during the vote). The Chair 
would advise Members that there are 2 minutes remaining in this vote.

                              {time}  1639

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________