[House Report 108-146]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-146
======================================================================
 
   PROVIDING FOR CONSIDERATION OF H.R. 2115, FLIGHT 100--CENTURY OF 
                      AVIATION REAUTHORIZATION ACT

                                _______
                                

    June 10, 2003.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Lincoln Diaz-Balart of Florida, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 265]

    The Committee on Rules, having had under consideration 
House Resolution 265, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 2115, 
Flight 100--Century of Aviation Reauthorization Act, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Transportation and 
Infrastructure.
    The rule waives all points of order against consideration 
of the bill. The rule makes in order the amendment in the 
nature of a substitute recommended by the Committee on 
Transportation and Infrastructure, as modified by the amendment 
printed in part A of this report, as an original bill for the 
purpose of amendment. The rule waives all points of order 
against the amendment in the nature of a substitute.
    The rule makes in order only those amendments printed in 
part B of this report. Amendments printed in part B of this 
report may be offered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified in this report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, 
and shall not be subject to a demand for a division of the 
question in the House or in the Committee of the Whole. The 
rule waives all points of order against the amendments printed 
in this report. Finally, the rule provides one motion to 
recommit with or without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 103

    Date: June 10, 2003.
    Measure: H.R. 2115, Flight 100--Century of Aviation 
Reauthorization Act.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Waters which requires the Secretary of Homeland Security to 
review the proposed project to construct a remote passenger 
check-in facility at LAX to determine whether the project as 
designed will protect the safety of air passengers and the 
general public. Prohibits the construction of this project 
until the Secretary has completed the review.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 104

    Date: June 10, 2003.
    Measure: H.R. 2115, Flight 100--Century of Aviation 
Reauthorization Act.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Waters which prohibits federal grants and the imposition of 
passenger fees to fund the construction of projects to expand 
LAX, including the construction of a remote passenger check-in 
facility at LAX.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

Part A--Summary of Amendment Considered as Adopted

    Thomas: Extends the general expenditure authority and 
purposes of the Trust Fund contained in section 9502(d) through 
September 30, 2007. In addition, it would conform the Trust 
Fund purposes under section 9502(d) with those contained in 
H.R. 2115.

Part B--Summary of Amendments Made in Order Under the Rule

    1. Mica: Manager's Amendment. Allows the Department of 
Transportation to request information from the Department of 
Homeland Security in order to help prepare its monthly report 
on passenger complaints about screening. Directs FAA to publish 
its policy on the use of passenger facility charge revenue for 
ground access projects. Prohibits air tour flights from evening 
to dawn over certain portions of the Grand Canyon. Allows DOT 
to issue the 6 slots for service from Reagan National to a 
small airport to an airline that is not a new entrant. Allows 
76 seat regional jets to qualify for the commuter aircraft 
slots at Reagan National. Requires small communities close to 
hubs to pay their local share from any source other than 
airport revenue. Allows DOT to increase the subsidy to a 
commuter serving a small community if that commuter is 
experiencing significantly increased costs. Allows an airline 
to begin service to small community that used to have 
subsidized essential air service without being subject to many 
of the regulatory requirements of the essential air service 
program. Revises the provision requiring aircraft manufacturers 
to make maintenance manuals available to aircraft repair 
stations in order to accommodate concerns expressed by the 
manufacturers. Requires FAA to issue rules on Stage 4 noise 
standards by July 1, 2004. Revisions provisions on crew 
training to make clear that hands-on anti-hijacking training 
for flight attendants is voluntarily and the airlines are not 
required to pay for it or to pay flight attendants for the time 
they spend if they choose to take it. Directs GAO to study how 
airlines were compensated after 9/11, especially whether they 
should be compensated for the devaluation of their aircraft. 
Directs FAA to study whether certain aircraft operations in 
Alaska can be performed under Part 91 of FAA rules. (20 
minutes)
    2. Norton: Repeals section 49108 of Title 49, which 
requires the Metropolitan Washington Airports Authority (MWAA) 
to appear before Congress before September 30, 2004 in order 
for the Secretary of Transportation to approve an application 
of MWAA for an airport development project grant or to impose a 
passenger facility fee. (10 minutes)
    3. Peterson (PA)/McHugh/Shuster: Strikes the local share 
requirement for Essential Air Service communities less than 75 
miles from a small hub or less than 170 miles from a medium or 
large hub. (10 minutes)
    4. Pitts: Provides the Secretary of Transportation shall 
consult with the Governor, or his designee of the State in 
which the airport in question is located as to the most 
commonly used highway route between that airport and the 
nearest large or medium hub airport. In addition, after 
consultation with the Governor, the Secretary shall establish a 
regulation providing for a consistent standard for calculating 
the most commonly used route. (10 minutes)
    5. Manzullo: Requires the Secretary of Transportation to 
submit to Congress, within 90 days of enactment of the bill, a 
report on waivers granted under the FAA ``Buy-American 
Preferences'' provisions. The report shall, at minimum, include 
a list of all waivers granted pertaining to that section, the 
specific authority under such section for granting the waiver 
and the rationale for granting the waiver. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

    At the end of the bill, add the following new title:

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

SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY.

  Paragraph (1) of section 9502(d) of the Internal Revenue Code 
of 1986 (relating to expenditures from Airport and Airway Trust 
Fund) is amended--

          (1) by striking ``October 1, 2003'' and inserting 
        ``October 1, 2007'', and
          (2) by inserting ``or the Flight 100--Century of 
        Aviation Reauthorization Act'' before the semicolon at 
        the end of subparagraph (A).

        PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE


1. An Amendment To Be Offered by Representative Mica of Florida, or His 
                   Designee, Debatable for 20 Minutes

  Page 46, strike line 20 and all that follows through page 47, 
line 2, and insert the following:
          ``(2) Monthly reports from secretary of homeland 
        security.--To assist in the publication of data under 
        paragraph (1), the Secretary of Transportation may 
        request the Secretary of Homeland Security to 
        periodically report on the number of complaints about 
        security screening received by the Secretary of 
        Homeland Security.''.
  Page 58, after line 24, insert the following:
  (e) Eligibility of Airport Ground Access Transportation 
Projects.--Not later than 60 days after the enactment of this 
Act, the Administrator of the Federal Aviation Administration 
shall publish in the Federal Register the current policy of the 
Administration with respect to the eligibility of airport 
ground access transportation projects for the use of passenger 
facility fees under section 40117 of title 49, United States 
Code.
  Page 61, line 17, strike ``Section 41106(b) is amended'' and 
all that follows through ``following'' on line 18 and insert 
the following:
Subsections (a)(1), (b), and (c) of section 41106 are each 
amended--
          (1) by striking ``through a contract for airlift 
        service'' and inserting
  Page 61, line 20, strike the period and insert ``; and''.
  Page 61, after line 20, insert the following:
          (2) by inserting ``through a contract for airlift 
        service'' after ``obtained''.
  Page 62, strike lines 4 through 6 and insert the following:
          (2) in subsections (b)(3)(A) and (b)(3)(B) by 
        inserting ``over a national park'' after 
        ``operations'';
  Page 62, after line 6, insert the following (and redesignate 
subsequent paragraphs in section 409(a) of the bill 
accordingly):
          (3) in subsection (b)(3)(C) by inserting ``over a 
        national park that are also'' after ``operations'';
  Page 63, line 14, after the period insert the following:
        Commercial Special Flight Rules Area operations in the 
        Dragon and Zuni Point corridors of the Grand Canyon 
        National Park may not take place during the period 
        beginning 1 hour before sunset and ending 1 hour after 
        sunrise.
  Page 71, line 13, strike ``six'' and insert ``without regard 
to the criteria contained in subsection (b)(1), six''.
  Page 72, strike line 24 and all that follows through page 73, 
line 11, and insert the following:
  (f) Commuters Defined.--
          (1) In general.--Section 41718 is amended by adding 
        at the end the following:
  ``(f) Commuters Defined.--For purposes of aircraft operations 
at Ronald Reagan Washington National Airport under subpart K of 
part 93 of title 14, Code of Federal Regulations, the term 
`commuters' means aircraft operations using aircraft having a 
certificated maximum seating capacity of 76 or less.''.
          (2) Regulations.--The Administrator of the Federal 
        Aviation Administration shall revise regulations to 
        take into account the amendment made by paragraph (1).
  Page 75, line 22, after ``pay'' insert ``from local sources 
other than airport revenues''.
  Page 75, line 25, after ``2008'' insert ``and each fiscal 
year thereafter''.
  Page 76, after line 24, insert the following:
          (4) Adjustments.--Section 41737 is amended by adding 
        at the end the following:
  ``(e) Adjustments to Account for Significantly Increased 
Costs.--
          ``(1) In general.--If the Secretary determines that 
        air carriers are experiencing significantly increased 
        costs in providing air service or air transportation 
        under this subchapter, the Secretary may increase the 
        rates of compensation payable under this subchapter 
        without regard to any agreement or requirement relating 
        to the renegotiation of contracts or any notice 
        requirement under section 41734.
          ``(2) Significantly increased costs defined.--In this 
        subsection, the term `significantly increased costs' 
        means an average monthly cost increase of 10 percent or 
        more.''.
  Page 78, line 20, before the comma insert the following:
or requirements contained in a subsequent appropriations Act
  Page 78, after line 23, insert the following (and redesignate 
subsequent subsections in section 415 of the bill accordingly):
  (e) Exemption From Hold-In Requirements.--Section 41734 is 
further amended by adding at the end the following:
  ``(j) Exemption From Hold-In Requirements.--If, after the 
date of enactment of this subsection, an air carrier commences 
air transportation to an eligible place that is not receiving 
essential air service as a result of the failure of the 
eligible place to meet requirements contained in an 
appropriations Act, the air carrier shall not be subject to the 
requirements of subsections (b) and (c) with respect to such 
air transportation.''.
  Page 83, line 21, strike ``3 years'' and insert ``4 years''.
  Page 88, strike lines 11 through 13 and insert the following:
          ``(1) Make available.--The term `make available' 
        means providing at a fair and reasonable price. Such 
        price may include recurring and non-recurring costs 
        associated with post-certification development, 
        preparation, and distribution. Such price may not 
        include the initial product development costs related 
        to the issuance of a design approval.
  Page 88, strike line 20 and all that follows through page 89, 
line 6, and insert the following:
          ``(3) Instructions for continued airworthiness.--The 
        term `instructions for continued airworthiness' means 
        any information (and any changes to such information) 
        considered essential to continued airworthiness that 
        sets forth instructions and requirements for performing 
        maintenance and alteration.''
  Page 89, strike line 19 and all that follows through page 90, 
line 15, and insert the following:
          ``(3) To determine if design approval holders for 
        aircraft, aircraft engines, and propellers that are in 
        production on the date of enactment of this section and 
        for which application for a type certificate or 
        supplemental type certificate was made before January 
        29, 1981, should be required to make instructions for 
        continued airworthiness or maintenance manuals 
        available (including any changes thereto) to any person 
        required by Federal Aviation Administration rules to 
        comply with any of the terms of the instructions or 
        manuals.''
  Page 90, line 16, strike ``(6)'' and insert ``(4)''.
  Page 90, after line 17, insert the following:
  ``(d) Deadlines for Rulemaking.--
          ``(1) Notice of proposed rulemaking.--The 
        Administrator shall issue a notice of proposed 
        rulemaking to carry out subsection (c) not later than 
        one year after the date of enactment of this section.
          ``(2) Final rule.--The Administrator shall issue a 
        final rule with respect to subsection (c) not later 
        than one year after the final date for the submission 
        of comments with respect to the proposed rulemaking.
  ``(e) Enforcement of Current Regulation.--The Administrator 
shall review design approval holders that were required to 
produce instructions for continued airworthiness under section 
21.50(b) of title 14, Code of Federal Regulations. If the 
Administrator determines that a design approval holder has not 
produced such instructions, the Administrator shall require the 
design approval holder to prepare such instructions and make 
them available as required by this section not later than 1 
year after the design approval holder is notified by the 
Administrator of the determination.''
  Page 90, line 18, strike ``(d)'' and insert ``(f)''.
  Page 95, before line 1, insert the following:
  (c) Review.--The first sentence of section 46110(a) is 
amended by striking ``part'' and inserting ``subtitle''.
  Page 96, line 22, strike ``air carrier'' and insert 
``employer''.
  Page 112, strike lines 4 through 6 and insert the following:
  (b) Limitation.--Subsection (a) shall not apply to a Federal 
Aviation Administration air traffic control tower operated 
under the contract tower program on the date of enactment of 
this Act or to any expansion of that program under section 
47124(b)(3) or 47124(b)(4) of title 49, United States Code.
  Page 113, line 21, after ``Transportation'' insert ``, in 
consultation with the Secretary of Defense,''.
  Page 113, lines 24 and 25, strike ``9 months after the date 
of enactment of this Act'' and insert ``September 30, 2004''.
  Page 118, after line 13, insert the following:
  (c) Description of Changes to Improve Operations.--A report 
transmitted by the Administrator under this section shall 
include a description of any changes in procedures or 
requirements that could improve operational efficiency or 
minimize operational impacts of the ADIZ on pilots and 
controllers. This portion of the report may be transmitted in 
classified or unclassified form.
  Page 118, line 14, strike ``(c)'' and insert ``(d)''.
  Page 120, after line 5, insert the following (and conform the 
table of contents of the bill accordingly):

SEC. 443. CHARTER AIRLINES.

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

SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.

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

SEC. 445. CREW TRAINING.

  Section 44918 is amended to read as follows:

``Sec. 44918. Crew training

  ``(a) Basic Security Training.--
          ``(1) In general.--Each air carrier providing 
        scheduled passenger air transportation shall carry out 
        a training program for flight and cabin crew members to 
        prepare the crew members for potential threat 
        conditions.
          ``(2) Program elements.--An air carrier training 
        program under this subsection shall include, at a 
        minimum, elements that address each of the following:
                  ``(A) Recognizing suspicious activities and 
                determining the seriousness of any occurrence.
                  ``(B) Crew communication and coordination.
                  ``(C) The proper commands to give passengers 
                and attackers.
                  ``(D) Appropriate responses to defend 
                oneself.
                  ``(E) Use of protective devices assigned to 
                crew members (to the extent such devices are 
                required by the Administrator of the Federal 
                Aviation Administration or the Under Secretary 
                for Border and Transportation Security of the 
                Department of Homeland Security).
                  ``(F) Psychology of terrorists to cope with 
                hijacker behavior and passenger responses.
                  ``(G) Situational training exercises 
                regarding various threat conditions.
                  ``(H) Flight deck procedures or aircraft 
                maneuvers to defend the aircraft and cabin crew 
                responses to such procedures and maneuvers.
                  ``(I) The proper conduct of a cabin search.
                  ``(J) Any other subject matter considered 
                appropriate by the Under Secretary.
          ``(3) Approval.--An air carrier training program 
        under this subsection shall be subject to approval by 
        the Under Secretary.
          ``(4) Minimum standards.--Not later than one year 
        after the date of enactment of the Flight 100--Century 
        of Aviation Reauthorization Act, the Under Secretary 
        shall establish minimum standards for the training 
        provided under this subsection and for recurrent 
        training.
          ``(5) Existing programs.--Notwithstanding paragraph 
        (3), any training program of an air carrier to prepare 
        flight and cabin crew members for potential threat 
        conditions that was approved by the Administrator or 
        the Under Secretary before the date of enactment of the 
        Flight 100--Century of Aviation Reauthorization Act may 
        continue in effect until disapproved or ordered 
        modified by the Under Secretary.
          ``(6) Monitoring.--The Under Secretary, in 
        consultation with the Administrator, shall monitor air 
        carrier training programs under this subsection and 
        periodically shall review an air carrier's training 
        program to ensure that the program is adequately 
        preparing crew members for potential threat conditions. 
        In determining when an air carrier's training program 
        should be reviewed under this paragraph, the Under 
        Secretary shall consider complaints from crew members. 
        The Under Secretary shall ensure that employees 
        responsible for monitoring the training programs have 
        the necessary resources and knowledge.
          ``(7) Updates.--The Under Secretary, in consultation 
        with the Administrator, shall order air carriers to 
        modify training programs under this subsection to 
        reflect new or different security threats.
  ``(b) Advanced Self Defense Training.--
          ``(1) In general.--Not later than one year after the 
        date of enactment of the Flight 100--Century of 
        Aviation Reauthorization Act, the Under Secretary shall 
        develop and provide a voluntary training program for 
        flight and cabin crew members of air carriers providing 
        scheduled passenger air transportation.
          ``(2) Program elements.--The training program under 
        this subsection shall include both classroom and 
        effective hands-on training in the following elements 
        of self-defense:
                  ``(A) Deterring a passenger who might present 
                a threat.
                  ``(B) Advanced control, striking, and 
                restraint techniques.
                  ``(C) Training to defend oneself against 
                edged or contact weapons.
                  ``(D) Methods to subdue and restrain an 
                attacker.
                  ``(E) Use of available items aboard the 
                aircraft for self-defense.
                  ``(F) Appropriate and effective responses to 
                defend oneself, including the use of force 
                against an attacker.
                  ``(G) Explosive device recognition.
                  ``(H) Any other element of training that the 
                Under Secretary considers appropriate.
          ``(3) Participation not required.--A crew member 
        shall not be required to participate in the training 
        program under this subsection.
          ``(4) Compensation.--Neither the Federal Government 
        nor an air carrier shall be required to compensate a 
        crew member for participating in the training program 
        under this subsection.
          ``(5) Fees.--A crew member shall not be required to 
        pay a fee for the training program under this 
        subsection.
          ``(6) Consultation.--In developing the training 
        program under this subsection, the Under Secretary 
        shall consult with law enforcement personnel and 
        security experts who have expertise in self-defense 
        training, terrorism experts, representatives of air 
        carriers, the director of self-defense training in the 
        Federal Air Marshals Service, flight attendants, labor 
        organizations representing flight attendants, and 
        educational institutions offering law enforcement 
        training programs.
          ``(7) Designation of tsa official.--The Under 
        Secretary shall designate an official in the 
        Transportation Security Administration to be 
        responsible for implementing the training program under 
        this subsection. The official shall consult with air 
        carriers and labor organizations representing crew 
        members before implementing the program to ensure that 
        it is appropriate for situations that may arise on 
        board an aircraft during a flight.
  ``(c) Limitation.--Actions by crew members under this section 
shall be subject to the provisions of section 44903(k).''.

SEC. 446. REVIEW OF COMPENSATION CRITERIA.

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

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

  Not later than 6 months after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration 
shall report to Congress on whether, in light of the demands of 
business within Alaska, it would be appropriate to permit an 
aircraft to be operated under part 91 of title 14, Code of 
Federal Regulations, where common carriage is not involved but 
(1) the operator of the aircraft organizes an entity where the 
only purpose of such entity is to provide transportation by air 
of persons and property to related business entities, 
individuals, and employees of such entities, and (2) the charge 
for such transportation does not to exceed the cost of owning, 
operating, and maintaining the aircraft.
  Page 122, lines 21 and 22, strike ``or 47114(d)(3)(A)'' and 
insert ``, 47114(d)(3)(A), or 47114(e)''.
  Page 124, strike lines 6 through 14 and insert the following:
  Section 47107(c)(2)(A)(iii) is amended by inserting before 
the semicolon at the end the following: ``, including the 
purchase of nonresidential buildings or property in the 
vicinity of residential buildings or property previously 
purchased by the airport as part of a noise compatibility 
program''.
  Page 127, line 24, after ``2002'' insert ``or 2003''.
  Page 132, after line 8, insert the following (and redesignate 
subsequent subsections of section 513 of the bill accordingly):
  (a) Period of Availability.--Section 47117(b) is amended by 
striking ``primary airport'' and all that follows through 
``calendar year'' and inserting ``nonhub airport or any airport 
that is not a commercial service airport''.
  Page 133, line 13, insert ``(a) Increased Funding Levels.--'' 
before ``Subsections''.
  Page 133, after line 15, insert the following:
  (b) Reimbursement for Certain Construction Costs.--Section 
47118(f) is amended--
          (1) by striking ``Not more than'' and inserting the 
        following:
          ``(1) Construction.--Not more than''; and
          (2) by adding at the end the following:
          ``(2) Reimbursement.--Upon approval of the Secretary, 
        the sponsor of a current or former military airport the 
        Secretary designates under this section may use an 
        amount apportioned under section 47114, or made 
        available under section 47119(b), to the airport for 
        reimbursement of costs incurred by the airport in 
        fiscal years 2003 and 2004 for construction, 
        improvement, or repair described in paragraph (1).''.
  Page 138, line 21, strike ``10'' and insert ``12''.
  Page 138, line 23, strike ``Such projects'' and all that 
follows through the first period on line 24 and insert the 
following:
A project using an innovative financing technique described in 
subsection (c)(2)(A) or (c)(2)(B) shall be located at an 
airport that is not a medium or large hub airport. A project 
using the innovative financing technique described in 
subsection (c)(2)(C) shall be located at an airport that is a 
medium or large hub airport.
  Page 139, line 3, strike ``and'' the second place it appears.
  Page 139, line 5, strike the period at the end and insert a 
semicolon.
  Page 139, after line 5, insert the following:
          (3) in subparagraph (A) (as so redesignated) by 
        striking ``and'' at the end;
          (4) in subparagraph (B) (as so redesignated) by 
        striking the period at the end and inserting ``; and''; 
        and
          (5) by adding at the end the following:
                  ``(C) payment of interest on indebtedness 
                incurred to carry out a project for airport 
                development.''.
  At the end of title V of the bill on page 152, add the 
following (and conform the table of contents of the bill 
accordingly):

SEC. 525. INTERMODAL PLANNING.

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

SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT.

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


  2. An Amendment To Be Offered by Delegate Norton of the District of 
          Columbia, or Her Designee, Debatable for 10 Minutes

  Page 73, after line 11, insert the following:
  (g) Removal of Certain Limitations on Metropolitan Washington 
Airports Authority.--Section 49108 and the item relating to 
such section in the analysis of chapter 491 are repealed.
                              ----------                              


      3. An Amendment To Be Offered by Representative Peterson of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes.

  Page 75, strike line 12 and all that follows through line 18 
on page 76.
  Page 76, line 19, strike ``(3)'' and insert ``(2)''.
  Page 81, line 13, strike the following:
          ``(1) Eligible places.--''
  Page 81, strike lines 18 through 22.
                              ----------                              


4. An Amendment To Be Offered by Representative Pitts of Pennsylvania, 
               or His Designee, Debatable for 10 Minutes

  Page 82, before line 11, insert the following:
  (g) Measurement of Highway Mileage for Purposes of 
Determining Eligibility for Essential Air Service Subsidies.--
          (1) Determination of eligibility.--Subchapter II of 
        Chapter 417 of title 49, United States Code, (as 
        amended by subsection (f) of this bill) is further 
        amended by adding at the end the following new section:

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

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

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

  (h) Repeal.--The following provisions of law are repealed:
          (1) Section 332 of the Department of Transportation 
        and Related Agencies Appropriations Act, 2000 (49 
        U.S.C. 41731 note).
          (2) Section 205 of the Wendell H. Ford Aviation 
        Investment and Reform Act for the 21st Century (49 
        U.S.C. 41731 note).
          (3) Section 334 of the Department of Transportation 
        and Related Agencies Appropriations Act, 1999 (section 
        101(g) of division A of the Omnibus Consolidated and 
        Emergency Supplemental Appropriations Act, 1999) 
        (Public Law 105-277; 112 Stat. 2681-471).
  (i) Secretarial Review.--
          (1) Request for review.--Any community with respect 
        to which the Secretary has, between September 30, 1993, 
        and the date of the enactment of this Act, eliminated 
        subsidies or terminated subsidy eligibility under 
        section 332 of the Department of Transportation and 
        Related Agencies Appropriations Act, 2000 (49 U.S.C. 
        41731 note), Section 205 of the Wendell H. Ford 
        Aviation Investment and Reform Act for the 21st Century 
        (49 U.S.C. 41731 note), or any prior law of similar 
        effect, may request the Secretary to review such 
        action.
          (2) Eligibility determination.--Not later than 60 
        days after receiving a request under subsection (i), 
        the Secretary shall--
                  (A) determine whether the community would 
                have been subject to such elimination of 
                subsidies or termination of eligibility under 
                the distance requirement enacted by the 
                amendment made by subsection (g) of this bill 
                to subchapter II of chapter 417 of title 49, 
                United States Code; and
                  (B) issue a final order with respect to the 
                eligibility of such community for essential air 
                service subsidies under subchapter II of 
                chapter 417 of title 49, United States Code, as 
                amended by this Act.
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 5. An Amendment To Be Offered by Representative Manzullo of Illinois, 
               or His Designee, Debatable for 10 Minutes

  At the end of title V of the bill, add the following new 
section (and conform the table of contents accordingly):

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

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

                                
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