IB 

Union Calendar No. 72

108TH CONGRESS 

1ST SESSION H. R. 2115

[Report No. 108–143] 

To amend title 49, United States Code, to reauthorize programs for the 

Federal Aviation Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Mr. YOUNG of Alaska (for himself, Mr. MICA, Mr. OBERSTAR, and Mr. 

DEFAZIO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

JUNE 6, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 15, 2003] 

A BILL

To amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Flight 100—Century of Aviation Reauthorization Act’’. 

4 (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. 
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Sec. 413. Notice concerning aircraft assembly. 

Sec. 414. Special rule to promote air service to small communities. 

Sec. 415. Small community air service. 

Sec. 416. Type certificates. 

Sec. 417. Design organization certificates. 

Sec. 418. Counterfeit or fraudulently represented parts violations. 

Sec. 419. Runway safety standards. 

Sec. 420. Availability of maintenance information. 

Sec. 421. Certificate actions in response to a security threat. 

Sec. 422. Flight attendant certification. 

Sec. 423. Civil penalty for closure of an airport without providing sufficient notice. 

Sec. 424. Noise exposure maps. 

Sec. 425. Amendment of general fee schedule provision. 

Sec. 426. Improvement of curriculum standards for aviation maintenance technicians. 

Sec. 427. Task force on future of air transportation system. 

Sec. 428. Air quality in aircraft cabins. 

Sec. 429. Recommendations concerning travel agents. 

Sec. 430. Task force on enhanced transfer of applications of technology for military aircraft to civilian aircraft. 

Sec. 431. Reimbursement for losses incurred by general aviation entities. 

Sec. 432. Impasse procedures for National Association of Air Traffic Specialists. 

Sec. 433. FAA inspector training. 

Sec. 434. Prohibition on air traffic control privatization. 

Sec. 435. Airfares for members of the Armed Forces. 

Sec. 436. Air carriers required to honor tickets for suspended air service. 

Sec. 437. International air show. 

Sec. 438. Definition of air traffic controller. 

Sec. 439. Justification for air defense identification zone. 

Sec. 440. International air transportation. 

Sec. 441. Reimbursement of air carriers for certain screening and related activities. 

Sec. 442. General aviation flights at Ronald Reagan Washington National Airport. 

TITLE V—AIRPORT DEVELOPMENT 

Sec. 501. Definitions. 

Sec. 502. Replacement of baggage conveyor systems. 

Sec. 503. Security costs at small airports. 

Sec. 504. Withholding of program application approval. 

Sec. 505. Runway safety areas. 

Sec. 506. Disposition of land acquired for noise compatibility purposes. 

Sec. 507. Grant assurances. 

Sec. 508. Allowable project costs. 

Sec. 509. Apportionments to primary airports. 

Sec. 510. Cargo airports. 

Sec. 511. Considerations in making discretionary grants. 

Sec. 512. Flexible funding for nonprimary airport apportionments. 

Sec. 513. Use of apportioned amounts. 

Sec. 514. Military airport program. 

Sec. 515. Terminal development costs. 

Sec. 516. Contract towers. 

Sec. 517. Airport safety data collection. 
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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.

1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or a repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 

7 SEC. 3. EFFECTIVE DATE. 

8 Except as otherwise expressly provided, this Act and 

9 the amendments made by this Act shall be effective on the 

10 date of enactment of this Act. 

11 TITLE I—AUTHORIZATIONS 

12 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER13 ATIONS. 

14 (a) IN GENERAL.—Section 106(k) is amended to read 

15 as follows: 

16 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

17 ‘‘(1) SALARIES, OPERATIONS, AND MAINTE18 NANCE.—There is authorized to be appropriated to 

19 the Secretary of Transportation for salaries, oper20 ations, and maintenance of the Administration—

21 ‘‘(A) $7,591,000,000 for fiscal year 2004; 
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1 ‘‘(B) $7,732,000,000 for fiscal year 2005; 

2 ‘‘(C) $7,889,000,000 for fiscal year 2006; 

3 and 

4 ‘‘(D) $8,064,000,000 for fiscal year 2007. 

5 Such sums shall remain available until expended. 

6 ‘‘(2) OPERATION OF CENTER FOR MANAGEMENT

7 AND DEVELOPMENT.—Out of amounts appropriated 

8 under paragraph (1), such sums as may be necessary 

9 may be expended by the Center for Management De10 velopment of the Federal Aviation Administration to 

11 operate at least 200 courses each year and to support 

12 associated student travel for both residential and field 

13 courses. 

14 ‘‘(3) AIR TRAFFIC MANAGEMENT SYSTEM.—Out 

15 of amounts appropriated under paragraph (1), such 

16 sums as may be necessary may be expended by the 

17 Federal Aviation Administration for the establish18 ment and operation of a new office to develop, in co19 ordination with the Department of Defense, the Na20 tional Aeronautics and Space Administration, and 

21 the Department of Homeland Security, the next gen22 eration air traffic management system and a transi23 tion plan for the implementation of that system. The 

24 office shall be known as the ‘Next Generation Air 

25 Transportation System Joint Program Office’.
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1 ‘‘(4) HELICOPTER AND TILTROTOR PROCE2 DURES.—Out of amounts appropriated under para3 graph (1), such sums as may be necessary may be ex4 pended by the Federal Aviation Administration for 

5 the establishment of helicopter and tiltrotor approach 

6 and departure procedures using advanced tech7 nologies, such as the Global Positioning System and 

8 automatic dependent surveillance, to permit oper9 ations in adverse weather conditions to meet the needs 

10 of air ambulance services.

11 ‘‘(5) ADDITIONAL AIR TRAFFIC CONTROLLERS.—

12 Out of amounts appropriated under paragraph (1), 

13 such sums as may be necessary may be expended to 

14 hire additional air traffic controllers in order to meet 

15 increasing air traffic demands and to address the an16 ticipated increase in the retirement of experienced air 

17 traffic controllers. 

18 ‘‘(6) COMPLETION OF ALASKA AVIATION SAFETY

19 PROJECT.—Out of amounts appropriated under para20 graph (1), $6,000,000 may be expended for the com21 pletion of the Alaska aviation safety project with re22 spect to the 3 dimensional mapping of Alaska’s main 

23 aviation corridors. 

24 ‘‘(7) AVIATION SAFETY REPORTING SYSTEM.—

25 Out of amounts appropriated under paragraph (1), 
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1 $3,400,000 may be expended on the Aviation Safety 

2 Reporting System.’’. 

3 (b) AIRLINE DATA AND ANALYSIS.—There is author4 ized to be appropriated to the Secretary of Transportation, 

5 out of the Airport and Airway Trust Fund established by 

6 section 9502 of the Internal Revenue Code of 1986 (26 

7 U.S.C. 9502), $3,971,000 for fiscal year 2004, $4,045,000 

8 for fiscal year 2005, $4,127,000 for fiscal year 2006, and 

9 $4,219,000 for fiscal year 2007 to gather airline data and 

10 conduct analyses of such data in the Bureau of Transpor11 tation Statistics of the Department of Transportation.

12 (c) HUMAN CAPITAL WORKFORCE STRATEGY.—

13 (1) DEVELOPMENT.—The Administrator of the 

14 Federal Aviation Administration shall develop a com15 prehensive human capital workforce strategy to deter16 mine the most effective method for addressing the need 

17 for more air traffic controllers that is called for in the 

18 June 2002 report of the General Accounting Office. 

19 (2) COMPLETION DATE.—The Administrator 

20 shall complete development of the strategy not later 

21 than 1 year after the date of enactment of this Act. 

22 (3) REPORT.—Not later than 30 days after the 

23 date on which the strategy is completed, the Adminis24 trator shall transmit to Congress a report describing 

25 the strategy. 
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1 (d) GOALS AND OBJECTIVES OF AVIATION SAFETY RE2 PORTING SYSTEM.—Not later than 90 days after the date 

3 of enactment of this Act, the Administrator shall transmit 

4 to Congress a report on the long-term goals and objectives 

5 of the Aviation Safety Reporting System and how such sys6 tem interrelates with other safety reporting systems of the 

7 Federal Government. 

8 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

9 Section 48101 is amended—

10 (1) in subsection (a) by striking paragraphs (1) 

11 through (5) and inserting the following: 

12 ‘‘(1) $3,138,000,000 for fiscal year 2004; 

13 ‘‘(2) $2,993,000,000 for fiscal year 2005; 

14 ‘‘(3) $3,053,000,000 for fiscal year 2006; and 

15 ‘‘(4) $3,110,000,000 for fiscal year 2007.’’; 

16 (2) by striking subsection (b); 

17 (3) by redesignating (c) as subsection (b); 

18 (4) by striking subsections (d) and (e) and in19 serting the following: 

20 ‘‘(c) ENHANCED SAFETY AND SECURITY FOR AIR21 CRAFT OPERATIONS IN THE GULF OF MEXICO.—Of 

22 amounts appropriated under subsection (a), such sums as 

23 may be necessary for fiscal years 2004 through 2007 may 

24 be used to expand and improve the safety, efficiency, and 

25 security of air traffic control, navigation, low altitude com-
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1 munications and surveillance, and weather services in the 

2 Gulf of Mexico. 

3 ‘‘(d) OPERATIONAL BENEFITS OF WAKE VORTEX ADVI4 SORY SYSTEM.—Of amounts appropriated under subsection 

5 (a), $20,000,000 for each of fiscal years 2004 through 2007 

6 may be used to document and demonstrate the operational 

7 benefits of a wake vortex advisory system. 

8 ‘‘(e) GROUND-BASED PRECISION NAVIGATIONAL

9 AIDS.—Of amounts appropriated under subsection (a), 

10 $20,000,000 for each of fiscal years 2004 to 2007 may be 

11 used to establish a program for the installation, operation, 

12 and maintenance of a closed-loop precision approach aid 

13 designed to improve aircraft accessibility at mountainous 

14 airports with limited land if the approach aid is able to 

15 provide curved and segmented approach guidance for noise 

16 abatement purposes and has been certified or approved by 

17 the Administrator.’’; and 

18 (5) in subsection (f)—

19 (A) by striking ‘‘for fiscal years beginning 

20 after September 30, 2000’’; and 

21 (B) by inserting ‘‘may be used’’ after ‘‘nec22 essary’’. 
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1 SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND 

2 NOISE COMPATIBILITY PLANNING AND PRO3 GRAMS. 

4 (a) AUTHORIZATION.—Section 48103 is amended—

5 (1) by striking ‘‘September 30, 1998’’ and insert6 ing ‘‘September 30, 2003’’; and 

7 (2) by striking paragraphs (1) through (5) and 

8 inserting: 

9 ‘‘(1) $3,400,000,000 for fiscal year 2004; 

10 ‘‘(2) $3,600,000,000 for fiscal year 2005; 

11 ‘‘(3) $3,800,000,000 for fiscal year 2006; and 

12 ‘‘(4) $4,000,000,000 for fiscal year 2007.’’. 

13 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 

14 amended by striking ‘‘September 30, 2003’’ and inserting 

15 ‘‘September 30, 2007’’. 

16 SEC. 104. ADDITIONAL REAUTHORIZATIONS. 

17 (a) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT

18 PROGRAM.—Section 47124(b)(3)(E) is amended by striking 

19 ‘‘$6,000,000 per fiscal year’’ and inserting ‘‘$6,500,000 for 

20 fiscal year 2004, $7,000,000 for fiscal year 2005, $7,500,000 

21 for fiscal year 2006, and $8,000,000 for fiscal year 2007’’. 

22 (b) SMALL COMMUNITY AIR SERVICE.—Section 

23 41743(e)(2) is amended—

24 (1) by striking ‘‘and’’ the first place it appears 

25 and inserting a comma; and
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1 (2) by inserting after ‘‘2003’’ the following ‘‘, 

2 and $35,000,000 for each of fiscal years 2004 through 

3 2008’’. 

4 (c) REGIONAL AIR SERVICE INCENTIVE PROGRAM.—

5 Section 41766 is amended by striking ‘‘2003’’ and inserting 

6 ‘‘2007’’. 

7 (d) FUNDING FOR AVIATION PROGRAMS.—Section 106 

8 of the Wendell H. Ford Aviation Investment and Reform 

9 Act for the 21st Century (49 U.S.C. 48101 note) is amended 

10 by striking ‘‘2003’’ each place it appears and inserting 

11 ‘‘2007’’. 

12 (e) DESIGN-BUILD CONTRACTING.—Section 139(e) of 

13 the Wendell H. Ford Aviation Investment and Reform Act 

14 for the 21st Century (49 U.S.C. 47104 note) is amended 

15 by striking ‘‘2003’’ and inserting ‘‘2007’’. 

16 (f) METROPOLITAN WASHINGTON AIRPORTS AUTHOR17 ITY.—Section 49108 is amended by striking ‘‘2004’’ and 

18 inserting ‘‘2007’’. 

19 SEC. 105. INSURANCE. 

20 (a) TERMINATION.—Section 44310 is amended to read 

21 as follows: 

22 ‘‘§ 44310. Termination date 

23 ‘‘Effective December 31, 2007, the authority of the Sec24 retary of Transportation to provide insurance and reinsur25 ance under this chapter shall be limited to—
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1 ‘‘(1) the operation of an aircraft by an air car2 rier or foreign air carrier in foreign air commerce or 

3 between at least 2 points, all of which are outside the 

4 United States; and 

5 ‘‘(2) insurance obtained by a department, agen6 cy, or instrumentality of the United States under sec7 tion 44305.’’. 

8 (b) EXTENSION OF POLICIES.—Section 44302(f)(1) is 

9 amended by striking ‘‘through December 31, 2004,’’ and in10 serting ‘‘thereafter’’. 

11 (c) AIRCRAFT MANUFACTURER LIABILITY FOR THIRD

12 PARTY CLAIMS ARISING OUT OF ACTS OF TERRORISM.—

13 Section 44303(b) is amended by adding at the end the fol14 lowing: ‘‘The Secretary may extend the provisions of this 

15 subsection to the United States manufacturer (as defined 

16 in section 44310) of the aircraft of the air carrier in17 volved.’’. 

18 (d) VENDORS, AGENTS, SUBCONTRACTORS, AND MANU19 FACTURERS.—

20 (1) IN GENERAL.—Chapter 443 is amended—

21 (A) by redesignating section 44310 (as 

22 amended by subsection (a) of this section) as sec23 tion 44311; and 

24 (B) by inserting after section 44309 the fol25 lowing:
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1 ‘‘§ 44310. Vendors, agents, subcontractors, and manu2 facturers 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 may extend the application of any provision of this chapter 

5 to a loss by a vendor, agent, and subcontractor of an air 

6 carrier and a United States manufacturer of an aircraft 

7 used by an air carrier but only to the extent that the loss 

8 involved an aircraft of an air carrier. 

9 ‘‘(b) UNITED STATES MANUFACTURER DEFINED.—In 

10 this section, the term ‘United States manufacturer’ means 

11 a manufacturer incorporated under the laws of a State of 

12 the United States and having its principal place of business 

13 in the United States.’’. 

14 (2) CONFORMING AMENDMENT.—The analysis for 

15 chapter 443 is amended by striking the item relating 

16 to section 44310 and inserting the following:

‘‘44310. Vendors, agents, subcontractors, and manufacturers. 

‘‘44311. Termination date.’’.

17 (e) TECHNICAL CORRECTIONS.—Effective November 

18 19, 2001, section 124(b) of the Aviation and Transportation 

19 Security Act (115 Stat. 631) is amended by striking ‘‘to 

20 carry out foreign policy’’ and inserting ‘‘to carry out the 

21 foreign policy’’. 
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1 SEC. 106. PILOT PROGRAM FOR INNOVATIVE FINANCING 

2 FOR TERMINAL AUTOMATION REPLACEMENT 

3 SYSTEMS. 

4 (a) IN GENERAL.—In order to test the cost-effectiveness 

5 and feasibility of long-term financing of modernization of 

6 major air traffic control systems, the Administrator of the 

7 Federal Aviation Administration may establish a pilot pro8 gram to test innovative financing techniques through 

9 amending a contract, subject to section 1341 of title 31, 

10 United States Code, of more than one, but not more than 

11 20, fiscal years to purchase and install terminal automa12 tion replacement systems for the Administration. Such 

13 amendments may be for more than one, but not more than 

14 10 fiscal years. 

15 (b) CANCELLATION.—A contract described in sub16 section (a) may include a cancellation provision if the Ad17 ministrator determines that such a provision is necessary 

18 and in the best interest of the United States. Any such pro19 vision shall include a cancellation liability schedule that 

20 covers reasonable and allocable costs incurred by the con21 tractor through the date of cancellation plus reasonable 

22 profit, if any, on those costs. Any such provision shall not 

23 apply if the contract is terminated by default of the con24 tractor. 

25 (c) CONTRACT PROVISIONS.—If feasible and prac26 ticable for the pilot program, the Administrator may make 
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1 an advance contract provision to achieve economic-lot pur2 chases and more efficient production rates. 

3 (d) LIMITATION.—The Administrator may not amend 

4 a contract under this section until the program for the ter5 minal automation replacement systems has been rebaselined 

6 in accordance with the acquisition management system of 

7 the Administration. 

8 (e) ANNUAL REPORTS.—At the end of each fiscal year 

9 during the term of the pilot program, the Administrator 

10 shall transmit to the Committee on Commerce, Science, and 

11 Transportation of the Senate and the Committee on Trans12 portation and Infrastructure of the House of Representa13 tives a report on how the Administrator has implemented 

14 in such fiscal year the pilot program, the number and types 

15 of contracts or contract amendments that are entered into 

16 under the program, and the program’s cost-effectiveness. 

17 (f) FUNDING.—Out of amounts appropriated under 

18 section 48101 for fiscal year 2004, $200,000,000 shall be 

19 used to carry out this section. 

20 TITLE II—AIRPORT PROJECT 

21 STREAMLINING 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Airport Streamlining 

24 Approval Process Act of 2003’’.
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1 SEC. 202. FINDINGS. 

2 Congress finds that—

3 (1) airports play a major role in interstate and 

4 foreign commerce; 

5 (2) congestion and delays at our Nation’s major 

6 airports have a significant negative impact on our 

7 Nation’s economy; 

8 (3) airport capacity enhancement projects at 

9 congested airports are a national priority and should 

10 be constructed on an expedited basis; 

11 (4) airport capacity enhancement projects must 

12 include an environmental review process that pro13 vides local citizenry an opportunity for consideration 

14 of and appropriate action to address environmental 

15 concerns; and 

16 (5) the Federal Aviation Administration, airport 

17 authorities, communities, and other Federal, State, 

18 and local government agencies must work together to 

19 develop a plan, set and honor milestones and dead20 lines, and work to protect the environment while sus21 taining the economic vitality that will result from the 

22 continued growth of aviation. 

23 SEC. 203. PROMOTION OF NEW RUNWAYS. 

24 Section 40104 is amended by adding at the end the 

25 following: 
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1 ‘‘(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT

2 CONGESTED AIRPORTS.—In carrying out subsection (a), 

3 the Administrator shall take action to encourage the con4 struction of airport capacity enhancement projects at con5 gested airports as those terms are defined in section 

6 47178.’’. 

7 SEC. 204. AIRPORT PROJECT STREAMLINING. 

8 (a) IN GENERAL.—Chapter 471 is amended by insert9 ing after section 47153 the following: 

10 ‘‘SUBCHAPTER III—AIRPORT PROJECT 

11 STREAMLINING 

12 ‘‘§ 47171. DOT as lead agency 

13 ‘‘(a) AIRPORT PROJECT REVIEW PROCESS.—The Sec14 retary of Transportation shall develop and implement a co15 ordinated review process for airport capacity enhancement 

16 projects at congested airports. 

17 ‘‘(b) COORDINATED REVIEWS.—

18 ‘‘(1) IN GENERAL.—The coordinated review proc19 ess under this section shall provide that all environ20 mental reviews, analyses, opinions, permits, licenses, 

21 and approvals that must be issued or made by a Fed22 eral agency or airport sponsor for an airport capac23 ity enhancement project at a congested airport will be 

24 conducted concurrently, to the maximum extent prac25 ticable, and completed within a time period estab-
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1 lished by the Secretary, in cooperation with the agen2 cies identified under subsection (c) with respect to the 

3 project. 

4 ‘‘(2) AGENCY PARTICIPATION.—Each Federal 

5 agency identified under subsection (c) shall formulate 

6 and implement administrative, policy, and proce7 dural mechanisms to enable the agency to ensure com8 pletion of environmental reviews, analyses, opinions, 

9 permits, licenses, and approvals described in para10 graph (1) in a timely and environmentally respon11 sible manner. 

12 ‘‘(c) IDENTIFICATION OF JURISDICTIONAL AGEN13 CIES.—With respect to each airport capacity enhancement 

14 project at a congested airport, the Secretary shall identify, 

15 as soon as practicable, all Federal and State agencies that 

16 may have jurisdiction over environmental-related matters 

17 that may be affected by the project or may be required by 

18 law to conduct an environmental-related review or analysis 

19 of the project or determine whether to issue an environ20 mental-related permit, license, or approval for the project. 

21 ‘‘(d) STATE AUTHORITY.—If a coordinated review 

22 process is being implemented under this section by the Sec23 retary with respect to a project at an airport within the 

24 boundaries of a State, the State, consistent with State law, 

25 may choose to participate in such process and provide that 
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1 all State agencies that have jurisdiction over environ2 mental-related matters that may be affected by the project 

3 or may be required by law to conduct an environmental4 related review or analysis of the project or determine wheth5 er to issue an environmental-related permit, license, or ap6 proval for the project, be subject to the process. 

7 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—The coordi8 nated review process developed under this section may be 

9 incorporated into a memorandum of understanding for a 

10 project between the Secretary and the heads of other Federal 

11 and State agencies identified under subsection (c) with re12 spect to the project and the airport sponsor. 

13 ‘‘(f) EFFECT OF FAILURE TO MEET DEADLINE.—

14 ‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—If 

15 the Secretary determines that a Federal agency, State 

16 agency, or airport sponsor that is participating in a 

17 coordinated review process under this section with re18 spect to a project has not met a deadline established 

19 under subsection (b) for the project, the Secretary 

20 shall notify, within 30 days of the date of such deter21 mination, the Committee on Transportation and In22 frastructure of the House of Representatives, the Com23 mittee on Commerce, Science, and Transportation of 

24 the Senate, the Council on Environmental Quality,
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1 and the agency or sponsor involved about the failure 

2 to meet the deadline. 

3 ‘‘(2) AGENCY REPORT.—Not later than 30 days 

4 after date of receipt of a notice under paragraph (1), 

5 the agency or sponsor involved shall submit a report 

6 to the Secretary, the Committee on Transportation 

7 and Infrastructure of the House of Representatives, 

8 the Committee on Commerce, Science, and Transpor9 tation of the Senate, and the Council on Environ10 mental Quality explaining why the agency or sponsor 

11 did not meet the deadline and what actions it intends 

12 to take to complete or issue the required review, anal13 ysis, opinion, permit, license, or approval. 

14 ‘‘(g) PURPOSE AND NEED.—For any environmental 

15 review, analysis, opinion, permit, license, or approval that 

16 must be issued or made by a Federal or State agency that 

17 is participating in a coordinated review process under this 

18 section with respect to an airport capacity enhancement 

19 project at a congested airport and that requires an analysis 

20 of purpose and need for the project, the agency, notwith21 standing any other provision of law, shall be bound by the 

22 project purpose and need as defined by the Secretary. 

23 ‘‘(h) ALTERNATIVES ANALYSIS.—The Secretary shall 

24 determine the reasonable alternatives to an airport capacity 

25 enhancement project at a congested airport. Any other Fed-
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1 eral or State agency that is participating in a coordinated 

2 review process under this section with respect to the project 

3 shall consider only those alternatives to the project that the 

4 Secretary has determined are reasonable. 

5 ‘‘(i) SOLICITATION AND CONSIDERATION OF COM6 MENTS.—In applying subsections (g) and (h), the Secretary 

7 shall solicit and consider comments from interested persons 

8 and governmental entities. 

9 ‘‘(j) MONITORING BY TASK FORCE.—The Transpor10 tation Infrastructure Streamlining Task Force, established 

11 by Executive Order 13274 (67 Fed. Reg. 59449; relating 

12 to environmental stewardship and transportation infra13 structure project reviews), may monitor airport projects 

14 that are subject to the coordinated review process under this 

15 section. 

16 ‘‘§ 47172. Categorical exclusions 

17 ‘‘Not later than 120 days after the date of enactment 

18 of this section, the Secretary of Transportation shall develop 

19 and publish a list of categorical exclusions from the require20 ment that an environmental assessment or an environ21 mental impact statement be prepared under the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

23 for projects at airports. 
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1 ‘‘§ 47173. Access restrictions to ease construction 

2 ‘‘At the request of an airport sponsor for a congested 

3 airport, the Secretary of Transportation may approve a re4 striction on use of a runway to be constructed at the airport 

5 to minimize potentially significant adverse noise impacts 

6 from the runway only if the Secretary determines that im7 position of the restriction—

8 ‘‘(1) is necessary to mitigate those impacts and 

9 expedite construction of the runway; 

10 ‘‘(2) is the most appropriate and a cost-effective 

11 measure to mitigate those impacts, taking into con12 sideration any environmental tradeoffs associated 

13 with the restriction; and 

14 ‘‘(3) would not adversely affect service to small 

15 communities, adversely affect safety or efficiency of 

16 the national airspace system, unjustly discriminate 

17 against any class of user of the airport, or impose an 

18 undue burden on interstate or foreign commerce. 

19 ‘‘§ 47174. Airport revenue to pay for mitigation 

20 ‘‘(a) IN GENERAL.—Notwithstanding section 47107(b), 

21 section 47133, or any other provision of this title, the Sec22 retary of Transportation may allow an airport sponsor car23 rying out an airport capacity enhancement project at a 

24 congested airport to make payments, out of revenues gen25 erated at the airport (including local taxes on aviation 
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1 fuel), for measures to mitigate the environmental impacts 

2 of the project if the Secretary finds that—

3 ‘‘(1) the mitigation measures are included as 

4 part of, or support, the preferred alternative for the 

5 project in the documentation prepared pursuant to 

6 the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.); 

8 ‘‘(2) the use of such revenues will provide a sig9 nificant incentive for, or remove an impediment to, 

10 approval of the project by a State or local govern11 ment; and 

12 ‘‘(3) the cost of the mitigation measures is rea13 sonable in relation to the mitigation that will be 

14 achieved. 

15 ‘‘(b) MITIGATION OF AIRCRAFT NOISE.—Mitigation 

16 measures described in subsection (a) may include the insu17 lation of residential buildings and buildings used primarily 

18 for educational or medical purposes to mitigate the effects 

19 of aircraft noise and the improvement of such buildings as 

20 required for the insulation of the buildings under local 

21 building codes. 

22 ‘‘§ 47175. Airport funding of FAA staff 

23 ‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED FUNDS.—

24 Notwithstanding any other provision of law, the Adminis25 trator of the Federal Aviation Administration may accept 
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1 funds from an airport sponsor, including funds provided 

2 to the sponsor under section 47114(c), to hire additional 

3 staff or obtain the services of consultants in order to facili4 tate the timely processing, review, and completion of envi5 ronmental activities associated with an airport development 

6 project. 

7 ‘‘(b) ADMINISTRATIVE PROVISION.—Instead of pay8 ment from an airport sponsor from funds apportioned to 

9 the sponsor under section 47114, the Administrator, with 

10 agreement of the sponsor, may transfer funds that would 

11 otherwise be apportioned to the sponsor under section 47114 

12 to the account used by the Administrator for activities de13 scribed in subsection (a). 

14 ‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC15 TIONS.—Notwithstanding section 3302 of title 31, any 

16 funds accepted under this section, except funds transferred 

17 pursuant to subsection (b)—

18 ‘‘(1) shall be credited as offsetting collections to 

19 the account that finances the activities and services 

20 for which the funds are accepted; 

21 ‘‘(2) shall be available for expenditure only to 

22 pay the costs of activities and services for which the 

23 funds are accepted; and 

24 ‘‘(3) shall remain available until expended.
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1 ‘‘(d) MAINTENANCE OF EFFORT.—No funds may be ac2 cepted pursuant to subsection (a), or transferred pursuant 

3 to subsection (b), in any fiscal year in which the Federal 

4 Aviation Administration does not allocate at least the 

5 amount it expended in fiscal year 2002, excluding amounts 

6 accepted pursuant to section 337 of the Department of 

7 Transportation and Related Agencies Appropriations Act, 

8 2002 (115 Stat. 862), for the activities described in sub9 section (a). 

10 ‘‘§ 47176. Authorization of appropriations 

11 ‘‘In addition to the amounts authorized to be appro12 priated under section 106(k), there is authorized to be ap13 propriated to the Secretary of Transportation, out of the 

14 Airport and Airway Trust Fund established under section 

15 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 

16 9502), $4,200,000 for fiscal year 2004 and for each fiscal 

17 year thereafter to facilitate the timely processing, review, 

18 and completion of environmental activities associated with 

19 airport capacity enhancement projects at congested air20 ports.

21 ‘‘§ 47177. Designation of aviation safety and aviation 

22 security projects for priority environ23 mental review 

24 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

25 Aviation Administration may designate an aviation safety 
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1 or aviation security project for priority environmental re2 view. The Administrator may not delegate this designation 

3 authority. 

4 ‘‘(b) PROJECT DESIGNATION CRITERIA.—The Admin5 istrator shall establish guidelines for the designation of an 

6 aviation safety or aviation security project for priority en7 vironmental review. Such guidelines shall include consider8 ation of—

9 ‘‘(1) the importance or urgency of the project; 

10 ‘‘(2) the potential for undertaking the environ11 mental review under existing emergency procedures 

12 under the National Environmental Policy Act of 1969 

13 (42 U.S.C. 4321 et seq.); 

14 ‘‘(3) the need for cooperation and concurrent re15 views by other Federal or State agencies; and 

16 ‘‘(4) the prospect for undue delay if the project 

17 is not designated for priority review. 

18 ‘‘(c) COORDINATED ENVIRONMENTAL REVIEWS.—

19 ‘‘(1) TIMELINES AND HIGH PRIORITY FOR CO20 ORDINATED ENVIRONMENTAL REVIEWS.—The Admin21 istrator, in consultation with the heads of affected 

22 agencies, shall establish specific timelines for the co23 ordinated environmental review of an aviation safety 

24 or aviation security project designated under sub25 section (a). Such timelines shall be consistent with the 
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1 timelines established in existing laws and regulations. 

2 Each Federal agency with responsibility for project 

3 environmental reviews, analyses, opinions, permits, 

4 licenses, and approvals shall accord any such review 

5 a high priority and shall conduct the review expedi6 tiously and, to the maximum extent possible, concur7 rently with other such reviews. 

8 ‘‘(2) AGENCY PARTICIPATION.—Each Federal 

9 agency identified under subsection (c) shall formulate 

10 and implement administrative, policy, and proce11 dural mechanisms to enable the agency to ensure com12 pletion of environmental reviews, analyses, opinions, 

13 permits, licenses, and approvals described in para14 graph (1) in a timely and environmentally respon15 sible manner. 

16 ‘‘(d) STATE PARTICIPATION.—

17 ‘‘(1) INVITATION TO PARTICIPATE.—If a priority 

18 environmental review process is being implemented 

19 under this section with respect to a project within the 

20 boundaries of a State with applicable State environ21 mental requirements and approvals, the Adminis22 trator shall invite the State to participate in the 

23 process. 

24 ‘‘(2) STATE CHOICE.—A State invited to partici25 pate in a priority environmental review process, con-
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1 sistent with State law, may choose to participate in 

2 such process and direct that all State agencies, which 

3 have jurisdiction by law to conduct an environmental 

4 review or analysis of the project to determine whether 

5 to issue an environmentally related permit, license, or 

6 approval for the project, be subject to the process. 

7 ‘‘(e) FAILURE TO GIVE PRIORITY REVIEW.—

8 ‘‘(1) NOTICE.—If the Secretary of Transpor9 tation determines that a Federal agency or a partici10 pating State is not complying with the requirements 

11 of this section and that such noncompliance is under12 mining the environmental review process, the Sec13 retary shall notify, within 30 days of such determina14 tion, the head of the Federal agency or, with respect 

15 to a State agency, the Governor of the State. 

16 ‘‘(2) REPORT TO SECRETARY.—A Federal agency 

17 that receives a copy of a notification relating to that 

18 agency made by the Secretary under paragraph (1) 

19 shall submit, within 30 days after receiving such 

20 copy, a written report to the Secretary explaining the 

21 reasons for the situation described in the notification 

22 and what remedial actions the agency intends to take. 

23 ‘‘(3) NOTIFICATION OF CEQ AND COMMITTEES.—

24 If the Secretary determines that a Federal agency has 

25 not satisfactorily addressed the problems within a 
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1 reasonable period of time following a notification 

2 under paragraph (1), the Secretary shall notify the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives, the Committee on Com5 merce, Science and Transportation of the Senate, and 

6 the Council on Environmental Quality. 

7 ‘‘(f) PROCEDURAL PROVISIONS.—The procedures set 

8 forth in subsections (c), (e), (g), (h), and (i) of section 47171 

9 shall apply with respect to an aviation safety or aviation 

10 security project under this section in the same manner and 

11 to the same extent as such procedures apply to an airport 

12 capacity enhancement project at a congested airport under 

13 section 47171. 

14 ‘‘(g) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 ‘‘(1) AVIATION SAFETY PROJECT.—The term 

17 ‘aviation safety project’ means an aviation project 

18 that—

19 ‘‘(A) has as its primary purpose reducing 

20 the risk of injury to persons or damage to air21 craft and property, as determined by the Admin22 istrator; and 

23 ‘‘(B)(i) is needed to respond to a rec24 ommendation from the National Transportation 

25 Safety Board; or
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1 ‘‘(ii) is necessary for an airport to comply 

2 with part 139 of title 14, Code of Federal Regu3 lations (relating to airport certification). 

4 ‘‘(2) AVIATION SECURITY PROJECT.—The term 

5 ‘aviation security project’ means a security project at 

6 an airport required by the Department of Homeland 

7 Security. 

8 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

9 agency’ means a department or agency of the United 

10 States Government. 

11 ‘‘§ 47178. Definitions 

12 ‘‘In this subchapter, the following definitions apply: 

13 ‘‘(1) AIRPORT SPONSOR.—The term ‘airport 

14 sponsor’ has the meaning given the term ‘sponsor’ 

15 under section 47102. 

16 ‘‘(2) CONGESTED AIRPORT.—The term ‘congested 

17 airport’ means an airport that accounted for at least 

18 1 percent of all delayed aircraft operations in the 

19 United States in the most recent year for which such 

20 data is available and an airport listed in table 1 of 

21 the Federal Aviation Administration’s Airport Capac22 ity Benchmark Report 2001. 

23 ‘‘(3) AIRPORT CAPACITY ENHANCEMENT

24 PROJECT.—The term ‘airport capacity enhancement 

25 project’ means—
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1 ‘‘(A) a project for construction or extension 

2 of a runway, including any land acquisition, 

3 taxiway, or safety area associated with the run4 way or runway extension; and 

5 ‘‘(B) such other airport development 

6 projects as the Secretary may designate as facili7 tating a reduction in air traffic congestion and 

8 delays.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 471 of such title is amended by adding at the end 

11 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.’’.

12 SEC. 205. GOVERNOR’S CERTIFICATE. 

13 Section 47106(c) of title 49, United States Code, is 

14 amended—

15 (1) in paragraph (1)—

16 (A) by inserting ‘‘and’’ after the semicolon 

17 at the end of subparagraph (A)(ii); 

18 (B) by striking subparagraph (B); and 

19 (C) by redesignating subparagraph (C) as 

20 subparagraph (B); 
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1 (2) in paragraph (2)(A) by striking ‘‘stage 2’’ 

2 and inserting ‘‘stage 3’’; 

3 (3) by striking paragraph (4); and 

4 (4) by redesignating paragraph (5) as para5 graph (4). 

6 SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY 

7 PROJECTS. 

8 Section 47504(c)(2) of title 49, United States Code, is 

9 amended—

10 (1) by moving subparagraphs (C) and (D) 2 ems 

11 to the right; 

12 (2) by striking ‘‘and’’ at the end of subpara13 graph (C); 

14 (3) by striking the period at the end of subpara15 graph (D) and inserting ‘‘; and’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(E) to an airport operator of a congested 

18 airport (as defined in section 47178) and a unit 

19 of local government referred to in paragraph 

20 (1)(B) of this subsection to carry out a project 

21 to mitigate noise in the area surrounding the 

22 airport if the project is included as a commit23 ment in a record of decision of the Federal Avia24 tion Administration for an airport capacity en25 hancement project (as defined in section 47178) 
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1 even if that airport has not met the requirements 

2 of part 150 of title 14, Code of Federal Regula3 tions.’’. 

4 SEC. 207. LIMITATIONS. 

5 Nothing in this title, including any amendment made 

6 by this title, shall preempt or interfere with—

7 (1) any practice of seeking public comment; 

8 (2) any power, jurisdiction, or authority that a 

9 State agency or an airport sponsor has with respect 

10 to carrying out an airport capacity enhancement 

11 project; and 

12 (3) any obligation to comply with the provisions 

13 of the National Environmental Policy Act of 1969 (42 

14 U.S.C. 4371 et seq.) and the regulations issued by the 

15 Council on Environmental Quality to carry out such 

16 Act. 

17 SEC. 208. RELATIONSHIP TO OTHER REQUIREMENTS. 

18 The coordinated review process required under the 

19 amendments made by this title shall apply to an airport 

20 capacity enhancement project at a congested airport wheth21 er or not the project is designated by the Secretary of Trans22 portation as a high-priority transportation infrastructure 

23 project under Executive Order 13274 (67 Fed. Reg. 59449; 

24 relating to environmental stewardship and transportation 

25 infrastructure project reviews). 
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1 TITLE III—FEDERAL AVIATION 

2 REFORM 

3 SEC. 301. MANAGEMENT ADVISORY COMMITTEE MEMBERS. 

4 Section 106(p) is amended—

5 (1) in the subsection heading by inserting ‘‘AND

6 AIR TRAFFIC SERVICES BOARD’’ after ‘‘COUNCIL’’; 

7 and 

8 (2) in paragraph (2)—

9 (A) by striking ‘‘consist of’’ and all that fol10 lows through ‘‘members, who’’ and inserting 

11 ‘‘consist of 13 members, who’’; 

12 (B) by inserting after ‘‘Senate’’ in subpara13 graph (C)(i) ‘‘, except that initial appointments 

14 made after May 1, 2003, shall be made by the 

15 Secretary of Transportation’’; 

16 (C) by striking the semicolon at the end of 

17 subparagraph (C)(ii) and inserting ‘‘; and’’; and 

18 (D) by striking ‘‘employees, by—’’ in sub19 paragraph (D) and all that follows through the 

20 period at the end of subparagraph (E) and in21 serting ‘‘employees, by the Secretary of Trans22 portation.’’. 

23 SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERVICES 

24 SUBCOMMITTEE. 

25 Section 106(p) is amended—
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1 (1) in paragraph (3)—

2 (A) by striking ‘‘(A) NO FEDERAL OFFICER

3 OR EMPLOYEE.—’’; 

4 (B) by striking ‘‘or (2)(E)’’ and inserting 

5 ‘‘or to the Air Traffic Services Board’’; and 

6 (C) by striking subparagraphs (B) and (C); 

7 (2) in paragraph (4)(C) by inserting ‘‘or Air 

8 Traffic Services Board’’ after ‘‘Council’’ each place it 

9 appears; 

10 (3) in paragraph (5) by inserting ‘‘, the Air 

11 Traffic Services Board,’’ after ‘‘Council’’; 

12 (4) in paragraph (6)(C)—

13 (A) by striking ‘‘SUBCOMMITTEE’’ in the 

14 subparagraph heading and inserting ‘‘BOARD’’; 

15 (B) by striking ‘‘member’’ and inserting 

16 ‘‘members’’; 

17 (C) by striking ‘‘under paragraph (2)(E)’’ 

18 the first place it appears and inserting ‘‘to the 

19 Air Traffic Services Board’’; and 

20 (D) by striking ‘‘of the members first’’ and 

21 all that follows through the period at the end and 

22 inserting ‘‘the first members of the Board shall 

23 be the members of the Air Traffic Services Sub24 committee of the Council on the day before the 

25 date of enactment of the Flight 100—Century of 
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1 Aviation Reauthorization Act who shall serve as 

2 members of the Board until their respective 

3 terms as members of the Subcommittee would 

4 have ended under this subparagraph, as in effect 

5 on such day.’’; 

6 (5) in paragraph (6)(D) by striking ‘‘under 

7 paragraph (2)(E)’’ and inserting ‘‘to the Board’’; 

8 (6) in paragraph (6)(E) by inserting ‘‘or Board’’ 

9 after ‘‘Council’’; 

10 (7) in paragraph (6)(F) by inserting ‘‘of the 

11 Council or Board’’ after ‘‘member’’; 

12 (8) in the second sentence of subparagraph 

13 (6)(G)—

14 (A) by striking ‘‘Council’’ and inserting 

15 ‘‘Board’’; and 

16 (B) by striking ‘‘appointed under para17 graph (2)(E)’’; 

18 (9) in paragraph (6)(H)—

19 (A) by striking ‘‘SUBCOMMITTEE’’ in the 

20 subparagraph heading and inserting ‘‘BOARD’’; 

21 (B) by striking ‘‘under paragraph (2)(E)’’ 

22 in clause (i) and inserting ‘‘to the Board’’; and 

23 (C) by striking ‘‘Air Traffic Services Sub24 committee’’ and inserting ‘‘Board’’; 

25 (10) in paragraph (6)(I)(i)—
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1 (A) by striking ‘‘appointed under para2 graph (2)(E) is’’ and inserting ‘‘is serving as’’; 

3 and 

4 (B) by striking ‘‘Subcommittee’’ and insert5 ing ‘‘Board’’; 

6 (11) in paragraph (6)(I)(ii)—

7 (A) by striking ‘‘appointed under para8 graph (2)(E)’’ and inserting ‘‘who is a member 

9 of the Board’’; and 

10 (B) by striking ‘‘Subcommittee’’ and insert11 ing ‘‘Board’’; 

12 (12) in paragraph (6)(K) by inserting ‘‘or 

13 Board’’ after ‘‘Council’’; 

14 (13) in paragraph (6)(L) by inserting ‘‘or 

15 Board’’ after ‘‘Council’’ each place it appears; and 

16 (14) in paragraph (7)—

17 (A) by striking ‘‘SUBCOMMITTEE’’ in the 

18 paragraph heading and inserting ‘‘BOARD’’; 

19 (B) by striking subparagraph (A) and in20 serting the following: 

21 ‘‘(A) ESTABLISHMENT.—The Administrator 

22 shall establish a board that is independent of the 

23 Council by converting the Air Traffic Services 

24 Subcommittee of the Council, as in effect on the 

25 day before the date of enactment of the Flight 
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1 100—Century of Aviation Reauthorization Act, 

2 into such board. The board shall be known as the 

3 Air Traffic Services Board (in this subsection re4 ferred to as the ‘Board’).’’; 

5 (C) by redesignating subparagraphs (B) 

6 through (F) as subparagraphs (D) through (H), 

7 respectively; 

8 (D) by inserting after subparagraph (A) the 

9 following: 

10 ‘‘(B) MEMBERSHIP AND QUALIFICATIONS.—

11 Subject to paragraph (6)(C), the Board shall 

12 consist of 5 members, one of whom shall be the 

13 Administrator and shall serve as chairperson. 

14 The remaining members shall be appointed by 

15 the President with the advice and consent of the 

16 Senate and—

17 ‘‘(i) shall have a fiduciary responsi18 bility to represent the public interest; 

19 ‘‘(ii) shall be citizens of the United 

20 States; and 

21 ‘‘(iii) shall be appointed without re22 gard to political affiliation and solely on 

23 the basis of their professional experience 

24 and expertise in one or more of the fol25 lowing areas and, in the aggregate, should 
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1 collectively bring to bear expertise in all of 

2 the following areas: 

3 ‘‘(I) Management of large service 

4 organizations. 

5 ‘‘(II) Customer service. 

6 ‘‘(III) Management of large pro7 curements. 

8 ‘‘(IV) Information and commu9 nications technology. 

10 ‘‘(V) Organizational development. 

11 ‘‘(VI) Labor relations. 

12 ‘‘(C) PROHIBITIONS ON MEMBERS OF

13 BOARD.—No member of the Board may—

14 ‘‘(i) have a pecuniary interest in, or 

15 own stock in or bonds of, an aviation or 

16 aeronautical enterprise, except an interest 

17 in a diversified mutual fund or an interest 

18 that is exempt from the application of sec19 tion 208 of title 18; 

20 ‘‘(ii) engage in another business related 

21 to aviation or aeronautics; or 

22 ‘‘(iii) be a member of any organization 

23 that engages, as a substantial part of its ac24 tivities, in activities to influence aviation25 related legislation.’’;
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1 (E) by striking ‘‘Subcommittee’’ each place 

2 it appears in subparagraphs (D) and (E) (as re3 designated by subparagraph (C) of this para4 graph) and inserting ‘‘Board’’; 

5 (F) by striking ‘‘approve’’ in subparagraph 

6 (E)(v)(I) (as so redesignated) and inserting 

7 ‘‘make recommendations on’’; 

8 (G) by striking ‘‘request’’ in subparagraph 

9 (E)(v)(II) (as so redesignated) and inserting 

10 ‘‘recommendations’’; 

11 (H) by striking ‘‘ensure that the budget re12 quest supports’’ in subparagraph (E)(v)(III) (as 

13 so redesignated) and inserting ‘‘base such budget 

14 recommendations on’’; 

15 (I) by striking ‘‘The Secretary shall submit’’ 

16 in subparagraph (E) (as so redesignated) and all 

17 that follows through the period at the end of such 

18 subparagraph (E) and inserting ‘‘The Secretary 

19 shall submit the budget recommendations re20 ferred to in clause (v) to the President who shall 

21 transmit such recommendations to the Com22 mittee on Transportation and Infrastructure and 

23 the Committee on Appropriations of the House of 

24 Representatives and the Committee on Com25 merce, Science, and Transportation and the 
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1 Committee on Appropriations of the Senate to2 gether with the annual budget request of the Fed3 eral Aviation Administration.’’; 

4 (J) by striking subparagraph (F) (as so re5 designated) and inserting the following: 

6 ‘‘(F) BOARD PERSONNEL MATTERS.—The 

7 Board may appoint and terminate any per8 sonnel that may be necessary to enable the Board 

9 to perform its duties, and may procure tem10 porary and intermittent services under section 

11 40122.’’; 

12 (K) in subparagraph (G) (as so redesig13 nated)—

14 (i) by striking clause (i); 

15 (ii) by redesignating clauses (ii), (iii), 

16 and (iv) as clauses (i), (ii), and (iii), re17 spectively; and 

18 (iii) by striking ‘‘Subcommittee’’ each 

19 place it appears in clauses (i), (ii), and 

20 (iii) (as so redesignated) and inserting 

21 ‘‘Board’’; 

22 (L) in subparagraph (H) (as so redesig23 nated)—

24 (i) by striking ‘‘Subcommittee’’ each 

25 place it appears and inserting ‘‘Board’’; 
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1 (ii) by striking ‘‘Administrator, the 

2 Council’’ each place it appears in clauses 

3 (i) and (ii) and inserting ‘‘Secretary’’; and 

4 (iii) in clause (ii) by striking ‘‘(B)(i)’’ 

5 and inserting ‘‘(D)(i)’’; and 

6 (M) by adding at the end the following: 

7 ‘‘(I) AUTHORIZATION.—There are author8 ized to be appropriated to the Board such sums 

9 as may be necessary for the Board to carry out 

10 its activities.’’. 

11 SEC. 303. CLARIFICATION OF THE RESPONSIBILITIES OF 

12 THE CHIEF OPERATING OFFICER. 

13 Section 106(r) is amended—

14 (1) in each of paragraphs (1)(A) and (2)(A) by 

15 striking ‘‘Air Traffic Services Subcommittee of the 

16 Aviation Management Advisory Council’’ and insert17 ing ‘‘Air Traffic Services Board’’; 

18 (2) in paragraph (2)(B) by inserting ‘‘in’’ before 

19 ‘‘paragraph (3).’’; 

20 (3) in paragraph (3) by striking ‘‘Air Traffic 

21 Control Subcommittee of the Aviation Management 

22 Advisory Committee’’ and inserting ‘‘Air Traffic 

23 Services Board’’; 

24 (4) in paragraph (4) by striking ‘‘Transpor25 tation and Congress’’ and inserting ‘‘Transportation, 
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1 the Committee on Transportation and Infrastructure 

2 of the House of Representatives, and the Committee 

3 on Commerce, Science, and Transportation of the 

4 Senate’’; 

5 (5) in paragraph (5)(A)—

6 (A) by striking ‘‘develop a’’ and inserting 

7 ‘‘implement the’’; and 

8 (B) by striking ‘‘, including the establish9 ment of’’ and inserting ‘‘in order to further’’; 

10 (6) in paragraph (5)(B)—

11 (A) by striking ‘‘review’’ and all that fol12 lows through ‘‘Administration,’’ and inserting 

13 ‘‘oversee the day-to-day operational functions of 

14 the Administration for air traffic control,’’; 

15 (B) by striking ‘‘and’’ at the end of clause 

16 (ii); 

17 (C) by striking the period at the end of 

18 clause (iii) and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(iv) the management of cost-reimburs21 able contracts.’’; 

22 (7) in paragraph (5)(C)(i) by striking ‘‘prepared 

23 by the Administrator’’; 
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1 (8) in paragraph (5)(C)(ii) by striking ‘‘and the 

2 Secretary of Transportation’’ and inserting ‘‘and the 

3 Board’’; and 

4 (9) in paragraph (5)(C)(iii)—

5 (A) by inserting ‘‘agency’s’’ before ‘‘an6 nual’’; and 

7 (B) by striking ‘‘developed under subpara8 graph (A) of this subsection.’’ and inserting ‘‘for 

9 air traffic control services.’’. 

10 SEC. 304. SMALL BUSINESS OMBUDSMAN. 

11 Section 106 is amended by adding at the end the fol12 lowing: 

13 ‘‘(s) SMALL BUSINESS OMBUDSMAN.—

14 ‘‘(1) ESTABLISHMENT.—There shall be in the 

15 Administration a Small Business Ombudsman. 

16 ‘‘(2) GENERAL DUTIES AND RESPONSIBIL17 ITIES.—The Ombudsman shall—

18 ‘‘(A) be appointed by the Administrator; 

19 ‘‘(B) serve as a liaison with small busi20 nesses in the aviation industry; 

21 ‘‘(C) be consulted when the Administrator 

22 proposes regulations that may affect small busi23 nesses in the aviation industry;
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1 ‘‘(D) provide assistance to small businesses 

2 in resolving disputes with the Administration; 

3 and 

4 ‘‘(E) report directly to the Administrator.’’. 

5 SEC. 305. FAA PURCHASE CARDS. 

6 (a) IN GENERAL.—The Administrator of the Federal 

7 Aviation Administration shall take appropriate actions to 

8 implement the recommendations contained in the report of 

9 the General Accounting Office entitled ‘‘FAA Purchase 

10 Cards: Weak Controls Resulted in Instances of Improper 

11 and Wasteful Purchases and Missing Assets’’, numbered 

12 GAO–03–405 and dated March 21, 2003. 

13 (b) REPORT.—Not later than 1 year after the date of 

14 enactment of this Act, the Administrator shall transmit to 

15 Congress a report containing a description of the actions 

16 taken by the Administrator under this section. 

17 TITLE IV—AIRLINE SERVICE 

18 IMPROVEMENTS 

19 SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COL20 LECTION. 

21 (a) IN GENERAL.—Section 329(b)(1) is amended by 

22 striking ‘‘except that in no case’’ and all that follows 

23 through the semicolon at the end. 

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect on the date of the issuance of 
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1 a final rule to modernize the Origin and Destination Sur2 vey of Airline Passenger Traffic, pursuant to the Advance 

3 Notice of Proposed Rulemaking published July 15, 1998 

4 (Regulation Identifier Number 2105–AC71), that reduces 

5 the reporting burden for air carriers through electronic fil6 ing of the survey data collected under section 329(b)(1) of 

7 title 49, United States Code. 

8 SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLV9 ING PASSENGER AND BAGGAGE SECURITY 

10 SCREENING. 

11 Section 329 is amended by adding at the end the fol12 lowing: 

13 ‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING PAS14 SENGER AND BAGGAGE SECURITY SCREENING.—

15 ‘‘(1) PUBLICATION OF DATA.—The Secretary of 

16 Transportation shall publish data on incidents and 

17 complaints involving passenger and baggage security 

18 screening in a manner comparable to other consumer 

19 complaint and incident data. 

20 ‘‘(2) MONTHLY REPORTS FROM SECRETARY OF

21 HOMELAND SECURITY.—To assist the Secretary of 

22 Transportation in the publication of data under 

23 paragraph (1), the Secretary of Homeland Security 

24 shall submit monthly to the Secretary of Transpor25 tation a report on the number of complaints about se-
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1 curity screening received by the Secretary of Home2 land Security.’’. 

3 SEC. 403. DEFINITIONS. 

4 (a) IN GENERAL.—Section 40102(a) is amended—

5 (1) by redesignating paragraphs (38) through 

6 (42) as paragraphs (43) through (47), respectively; 

7 (2) by inserting after paragraph (37) the fol8 lowing: 

9 ‘‘(42) ‘small hub airport’ means a commercial 

10 service airport (as defined in section 47102) that has 

11 at least 0.05 percent but less than 0.25 percent of the 

12 passenger boardings.’’; 

13 (3) by redesignating paragraphs (33) through 

14 (37) as paragraphs (37) through (41) respectively; 

15 (4) by inserting after paragraph (32) the fol16 lowing: 

17 ‘‘(36) ‘passenger boardings’—

18 ‘‘(A) means, unless the context indicates 

19 otherwise, revenue passenger boardings in the 

20 United States in the prior calendar year on an 

21 aircraft in service in air commerce, as the Sec22 retary determines under regulations the Sec23 retary prescribes; and 

24 ‘‘(B) includes passengers who continue on 

25 an aircraft in international flight that stops at 
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1 an airport in the 48 contiguous States, Alaska, 

2 or Hawaii for a nontraffic purpose.’’; 

3 (5) by redesignating paragraph (32) as para4 graph (35); 

5 (6) by inserting after paragraph (31) the fol6 lowing: 

7 ‘‘(34) ‘nonhub airport’ means a commercial serv8 ice airport (as defined in section 47102) that has less 

9 than 0.05 percent of the passenger boardings.’’; 

10 (7) by redesignating paragraphs (30) and (31) 

11 as paragraphs (32) and (33), respectively; 

12 (8) by inserting after paragraph (29) the fol13 lowing: 

14 ‘‘(31) ‘medium hub airport’ means a commercial 

15 service airport (as defined in section 47102) that has 

16 at least 0.25 percent but less than 1.0 percent of the 

17 passenger boardings.’’; 

18 (9) by redesignating paragraph (29) as para19 graph (30); and 

20 (10) by inserting after paragraph (28) the fol21 lowing: 

22 ‘‘(29) ‘large hub airport’ means a commercial 

23 service airport (as defined in section 47102) that has 

24 at least 1.0 percent of the passenger boardings.’’. 

25 (b) CONFORMING AMENDMENTS.—
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1 (1) AIR SERVICE TERMINATION NOTICE.—Section 

2 41719(d) is amended—

3 (A) by striking paragraph (1); and 

4 (B) by redesignating paragraphs (2) 

5 through (5) as paragraphs (1) through (4), re6 spectively. 

7 (2) SMALL COMMUNITY AIR SERVICE.—Section 

8 41731(a) is amended by striking paragraphs (3) 

9 through (5). 

10 (3) AIRPORTS NOT RECEIVING SUFFICIENT SERV11 ICE.—Section 41743 is amended—

12 (A) in subsection (c)(1) by striking ‘‘(as 

13 that term is defined in section 41731(a)(5))’’; 

14 and 

15 (B) in subsection (f) by striking ‘‘(as de16 fined in section 41731(a)(3))’’. 

17 (4) PRESERVATION OF BASIC ESSENTIAL AIR

18 SERVICE AT SINGLE CARRIER DOMINATED HUB AIR19 PORTS.—Section 41744(b) is amended by striking 

20 ‘‘(as defined in section 41731)’’. 

21 (5) REGIONAL AIR SERVICE INCENTIVE PRO22 GRAM.—Section 41762 is amended—

23 (A) by striking paragraphs (11) and (15); 

24 and
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1 (B) by redesignating paragraphs (12), (13), 

2 (14), and (16) as paragraphs (11), (12), (13), 

3 and (14), respectively. 

4 SEC. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY. 

5 (a) DUTIES AND POWERS.—Section 40110(c) is 

6 amended—

7 (1) by striking ‘‘Administration—’’ and all that 

8 follows through ‘‘(2) may—’’ and inserting ‘‘Adminis9 tration may—’’; 

10 (2) by striking subparagraph (D); 

11 (3) by redesignating subparagraphs (A), (B), 

12 (C), (E), and (F) as paragraphs (1), (2), (3), (4), and 

13 (5) respectively; and 

14 (4) by moving such paragraphs (1) through (5) 

15 2 ems to the left. 

16 (b) ACQUISITION MANAGEMENT SYSTEM.—Section 

17 40110(d) is amended—

18 (1) in paragraph (1)—

19 (A) by striking ‘‘, not later than January 

20 1, 1996,’’; and 

21 (B) by striking ‘‘provides for more timely 

22 and cost-effective acquisitions of equipment and 

23 materials.’’ and inserting the following: 

24 ‘‘provides for—
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1 ‘‘(A) more timely and cost-effective acquisi2 tions of equipment, services, property, and mate3 rials; and 

4 ‘‘(B) the resolution of bid protests and con5 tract disputes related thereto, using consensual 

6 alternative dispute resolution techniques to the 

7 maximum extent practicable.’’; and 

8 (2) by striking paragraph (4), relating to the ef9 fective date, and inserting the following: 

10 ‘‘(4) ADJUDICATION OF CERTAIN BID PROTESTS

11 AND CONTRACT DISPUTES.—A bid protest or contract 

12 dispute that is not addressed or resolved through al13 ternative dispute resolution shall be adjudicated by 

14 the Administrator through Dispute Resolution Offi15 cers or Special Masters of the Federal Aviation Ad16 ministration Office of Dispute Resolution for Acquisi17 tion, acting pursuant to sections 46102, 46104, 

18 46105, 46106 and 46107.’’. 

19 (c) AUTHORITY OF ADMINISTRATOR TO ACQUIRE

20 SERVICES.—Section 106(f)(2)(A)(ii) is amended by insert21 ing ‘‘, services,’’ after ‘‘property’’. 

22 SEC. 405. LOW-EMISSION AIRPORT VEHICLES AND GROUND 

23 SUPPORT EQUIPMENT. 

24 (a) IN GENERAL.—Section 40117(a)(3) is amended by 

25 inserting at the end the following: 
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1 ‘‘(G) A project for the acquisition or conver2 sion of ground support equipment or airport3 owned vehicles used at a commercial service air4 port with, or to, low-emission technology (as de5 fined in section 47102) or cleaner burning con6 ventional fuels, or the retrofitting of such equip7 ment or vehicles that are powered by a diesel or 

8 gasoline engine with emission control tech9 nologies certified or verified by the Environ10 mental Protection Agency to reduce emissions, if 

11 the airport is located in an air quality non12 attainment area (as defined in section 171(2) of 

13 the Clean Air Act (42 U.S.C. 7501(2)) or a 

14 maintenance area referred to in section 175A of 

15 such Act (42 U.S.C. 7505a), and if such project 

16 will result in an airport receiving appropriate 

17 emission credits as described in section 47138.’’. 

18 (b) MAXIMUM COST FOR CERTAIN LOW-EMISSION

19 TECHNOLOGY PROJECTS.—Section 40117(b) is amended by 

20 adding at the end the following: 

21 ‘‘(5) MAXIMUM COST FOR CERTAIN LOW-EMIS22 SION TECHNOLOGY PROJECTS.—The maximum cost 

23 that may be financed by imposition of a passenger fa24 cility fee under this section for a project described in 

25 subsection (a)(3)(G) with respect to vehicle or ground 
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1 support equipment may not exceed the incremental 

2 amount of the project cost that is greater than the cost 

3 of acquiring a vehicle or equipment that is not low4 emission and would be used for the same purpose, or 

5 the cost of low-emission retrofitting, as determined by 

6 the Secretary.’’. 

7 (c) GROUND SUPPORT EQUIPMENT DEFINED.—Sec8 tion 40117(a) is amended—

9 (1) by redesignating paragraphs (4) and (5) as 

10 paragraphs (5) and (6), respectively; 

11 (2) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) GROUND SUPPORT EQUIPMENT.—The term 

14 ‘ground support equipment’ means service and main15 tenance equipment used at an airport to support 

16 aeronautical operations and related activities.’’. 

17 SEC. 406. STREAMLINING OF THE PASSENGER FACILITY 

18 FEE PROGRAM. 

19 (a) APPLICATION REQUIREMENTS.—Section 40117(c) 

20 is amended—

21 (1) by adding at the end of paragraph (2) the 

22 following: 

23 ‘‘(E) The agency will include in its application 

24 or notice submitted under subparagraph (A) copies of 
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1 all certifications of agreement or disagreement re2 ceived under subparagraph (D). 

3 ‘‘(F) For the purpose of this section, an eligible 

4 agency providing notice and an opportunity for con5 sultation to an air carrier or foreign air carrier is 

6 deemed to have satisfied the requirements of this 

7 paragraph if the eligible agency limits such notices 

8 and consultations to air carriers and foreign air car9 riers that have a significant business interest at the 

10 airport. In the subparagraph, the term ‘significant 

11 business interest’ means an air carrier or foreign air 

12 carrier that had no less than 1.0 percent of passenger 

13 boardings at the airport in the prior calendar year, 

14 had at least 25,000 passenger boardings at the airport 

15 in the prior calendar year, or provides scheduled serv16 ice at the airport.’’; 

17 (2) by redesignating paragraph (3) as para18 graph (4); 

19 (3) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) Before submitting an application, the eligible 

22 agency must provide reasonable notice and an opportunity 

23 for public comment. The Secretary shall prescribe regula24 tions that define reasonable notice and provide for at least 

25 the following under this paragraph:
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1 ‘‘(A) A requirement that the eligible agency pro2 vide public notice of intent to collect a passenger fa3 cility fee so as to inform those interested persons and 

4 agencies who may be affected, which public notice 

5 may include—

6 ‘‘(i) publication in local newspapers of gen7 eral circulation; 

8 ‘‘(ii) publication in other local media; and 

9 ‘‘(iii) posting the notice on the agency’s Web 

10 site. 

11 ‘‘(B) A requirement for submission of public 

12 comments no sooner than 30 days, and no later than 

13 45 days, after the date of the publication of the notice. 

14 ‘‘(C) A requirement that the agency include in 

15 its application or notice submitted under subpara16 graph (A) copies of all comments received under sub17 paragraph (B).’’; and 

18 (4) in the first sentence of paragraph (4) (as re19 designated by paragraph (2) of this subsection) by 

20 striking ‘‘shall’’ and inserting ‘‘may’’. 

21 (b) PILOT PROGRAM FOR PASSENGER FACILITY FEE

22 AUTHORIZATIONS AT NONHUB AIRPORTS.—Section 40117 

23 is amended by adding at the end the following: 

24 ‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY FEE

25 AUTHORIZATIONS AT NONHUB AIRPORTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall establish 

2 a pilot program to test alternative procedures for au3 thorizing eligible agencies for nonhub airports to im4 pose passenger facility fees. An eligible agency may 

5 impose in accordance with the provisions of this sub6 section a passenger facility fee under this section. For 

7 purposes of the pilot program, the procedures in this 

8 subsection shall apply instead of the procedures other9 wise provided in this section. 

10 ‘‘(2) NOTICE AND OPPORTUNITY FOR CONSULTA11 TION.—The eligible agency must provide reasonable 

12 notice and an opportunity for consultation to air car13 riers and foreign air carriers in accordance with sub14 section (c)(2) and must provide reasonable notice and 

15 opportunity for public comment in accordance with 

16 subsection (c)(3). 

17 ‘‘(3) NOTICE OF INTENTION.—The eligible agency 

18 must submit to the Secretary a notice of intention to 

19 impose a passenger facility fee under this subsection. 

20 This shall include—

21 ‘‘(A) information that the Secretary may 

22 require by regulation on each project for which 

23 authority to impose a passenger facility fee is 

24 sought; 
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1 ‘‘(B) the amount of revenue from passenger 

2 facility fees that is proposed to be collected for 

3 each project; and 

4 ‘‘(C) the level of the passenger facility fee 

5 that is proposed. 

6 ‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND INDI7 CATION OF OBJECTION.—The Secretary shall acknowl8 edge receipt of the notice and indicate any objection 

9 to the imposition of a passenger facility fee under this 

10 subsection for any project identified in the notice 

11 within 30 days after receipt of the eligible agency’s 

12 notice. 

13 ‘‘(5) AUTHORITY TO IMPOSE FEE.—Unless the 

14 Secretary objects within 30 days after receipt of the 

15 eligible agency’s notice, the eligible agency is author16 ized to impose a passenger facility fee in accordance 

17 with the terms of its notice under this subsection. 

18 ‘‘(6) DEADLINE.—Not later than 180 days after 

19 the date of enactment of this subsection, the Secretary 

20 shall propose such regulations as may be necessary to 

21 carry out this subsection. 

22 ‘‘(7) SUNSET.—This subsection shall not be in ef23 fect 3 years after the date of issuance of regulations 

24 to carry out this subsection. 
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1 ‘‘(8) ACKNOWLEDGEMENT NOT AN ORDER.—An 

2 acknowledgement issued under paragraph (4) shall 

3 not be considered an order of the Secretary issued 

4 under section 46110.’’. 

5 (c) CLARIFICATION OF APPLICABILITY OF PFCS TO

6 MILITARY CHARTERS.—Section 40117(e)(2) is amended—

7 (1) by striking the period at the end of subpara8 graph (C) and inserting a semicolon; 

9 (2) by striking ‘‘and’’ at the end of subpara10 graph (D); 

11 (3) by striking the period at the end of subpara12 graph (E) and inserting ‘‘; and’’; and 

13 (4) by inserting after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) enplaning at an airport if the passenger 

16 did not pay for the air transportation which resulted 

17 in such enplanement due to charter arrangements and 

18 payment by the Department of Defense.’’. 

19 (d) TECHNICAL AMENDMENTS.—Section 

20 40117(a)(3)(C) is amended—

21 (1) by striking ‘‘for costs’’ and inserting ‘‘A 

22 project’’; and 

23 (2) by striking the semicolon and inserting a pe24 riod. 
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1 SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACIL2 ITY FEES. 

3 (a) IN GENERAL.—Section 40117 is further amended 

4 by adding at the end the following: 

5 ‘‘(m) FINANCIAL MANAGEMENT OF FEES.—

6 ‘‘(1) HANDLING OF FEES.—

7 ‘‘(A) PLACEMENT OF FEES IN ESCROW AC8 COUNT.—Subject to subparagraph (B), passenger 

9 facility revenue held by an air carrier or any of 

10 its agents shall be segregated from the carrier’s 

11 cash and other assets and placed in an escrow 

12 account for the benefit of the eligible agencies en13 titled to such revenue. 

14 ‘‘(B) ALTERNATIVE METHOD OF COMPLI15 ANCE.—Instead of placing amounts in an escrow 

16 account under subparagraph (A), an air carrier 

17 may provide to the eligible agency a letter of 

18 credit, bond, or other form of adequate and im19 mediately available security in an amount equal 

20 to estimated remittable passenger facility fees for 

21 180 days, to be assessed against later audit, 

22 upon which security the eligible agency shall be 

23 entitled to draw automatically, without necessity 

24 of any further legal or judicial action to effec25 tuate foreclosure.
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1 ‘‘(2) TRUST FUND STATUS.—If an air carrier or 

2 its agent commingles passenger facility revenue in 

3 violation of the subsection, the trust fund status of 

4 such revenue shall not be defeated by an inability of 

5 any party to identify and trace the precise funds in 

6 the accounts of the air carrier. 

7 ‘‘(3) PROHIBITION.—An air carrier and its 

8 agents may not grant to any third party any security 

9 or other interest in passenger facility revenue. 

10 ‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.—

11 An air carrier that fails to comply with any require12 ment of this subsection, or otherwise unnecessarily 

13 causes an eligible entity to expend funds, through liti14 gation or otherwise, to recover or retain payment of 

15 passenger facility revenue to which the eligible entity 

16 is otherwise entitled shall be required to compensate 

17 the eligible agency for the costs so incurred. 

18 ‘‘(5) INTEREST ON AMOUNTS.—An air carrier 

19 that collects passenger facility fees is entitled to re20 ceive the interest on passenger facility fee accounts, if 

21 the accounts are established and maintained in com22 pliance with this subsection.’’. 

23 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by sub2 section (a) shall take effect 60 days after the date of 

3 enactment of this Act. 

4 (2) EXISTING REGULATIONS.—Beginning 60 

5 days after the date of enactment of this Act, the provi6 sions of section 158.49 of title 14, Code of Federal 

7 Regulations, that permit the commingling of pas8 senger facility fees with other air carrier revenue shall 

9 have no force or effect. 

10 SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANSPOR11 TATION. 

12 (a) GOVERNMENT-FINANCED AIR TRANSPORTATION.—

13 Section 40118(f)(2) is amended by inserting before the pe14 riod at the end the following: ‘‘, except that it shall not 

15 include a contract for the transportation by air of pas16 sengers’’. 

17 (b) AIRLIFT SERVICE.—Section 41106(b) is amended 

18 by inserting after ‘‘military department’’ the following: ‘‘, 

19 or by a person that has contracted with the Secretary of 

20 Defense or the Secretary of a military department,’’. 

21 SEC. 409. OVERFLIGHTS OF NATIONAL PARKS. 

22 (a) AIR TOUR MANAGEMENT ACT CLARIFICATIONS.—

23 Section 40128 is amended—
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1 (1) in subsection (a)(1) by inserting ‘‘, as de2 fined by this section,’’ after ‘‘lands’’ the first place it 

3 appears; 

4 (2) in subsections (b)(3)(A), (b)(3)(B), and 

5 (b)(3)(C) by inserting ‘‘over a national park’’ after 

6 ‘‘operations’’; 

7 (3) in subsection (b)(3)(D) by striking ‘‘at the 

8 park’’ and inserting ‘‘over a national park’’; 

9 (4) in subsection (b)(3)(E) by inserting ‘‘over a 

10 national park’’ after ‘‘operations’’ the first place it 

11 appears; 

12 (5) in subsections (c)(2)(A)(i) and (c)(2)(B) by 

13 inserting ‘‘over a national park’’ after ‘‘operations’’; 

14 (6) in subsection (f)(1) by inserting ‘‘over a na15 tional park’’ after ‘‘operation’’; 

16 (7) in subsection (f)(4)(A)—

17 (A) by striking ‘‘commercial air tour oper18 ation’’ and inserting ‘‘commercial air tour oper19 ation over a national park’’; and 

20 (B) by striking ‘‘park, or over tribal lands,’’ 

21 and inserting ‘‘park (except the Grand Canyon 

22 National Park), or over tribal lands (except those 

23 within or abutting the Grand Canyon National 

24 Park),’’; 
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1 (8) in subsection (f)(4)(B) by inserting ‘‘over a 

2 national park’’ after ‘‘operation’’; and 

3 (9) in the heading for paragraph (4) of sub4 section (f) by inserting ‘‘OVER A NATIONAL PARK’’ 

5 after ‘‘OPERATION’’. 

6 (b) GRAND CANYON NATIONAL PARK SPECIAL FLIGHT

7 RULES AREA OPERATION CURFEW.—

8 (1) IN GENERAL.—The Administrator of the Fed9 eral Aviation Administration may not restrict com10 mercial Special Flight Rules Area operations in the 

11 Dragon and Zuni Point corridors of the Grand Can12 yon National Park during the period beginning 1 

13 hour after sunrise and ending 1 hour before sunset, 

14 unless required for aviation safety purposes. 

15 (2) EFFECT ON EXISTING REGULATIONS.—Begin16 ning on the date of enactment of this Act, section 

17 93.317 of title 14, Code of Federal Regulations, shall 

18 not be in effect. 

19 SEC. 410. COLLABORATIVE DECISIONMAKING PILOT PRO20 GRAM. 

21 (a) IN GENERAL.—Chapter 401 is amended by adding 

22 at the end the following: 

23 ‘‘§ 40129. Collaborative decisionmaking pilot program 

24 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

25 the date of enactment of this section, the Administrator of 
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1 the Federal Aviation Administration shall establish a col2 laborative decisionmaking pilot program in accordance 

3 with this section. 

4 ‘‘(b) DURATION.—Except as provided in subsection 

5 (k), the pilot program shall be in effect for a period of 2 

6 years. 

7 ‘‘(c) GUIDELINES.—

8 ‘‘(1) ISSUANCE.—The Administrator shall issue 

9 guidelines concerning the pilot program. Such guide10 lines, at a minimum, shall define the criteria and 

11 process for determining when a capacity reduction 

12 event exists that warrants the use of collaborative de13 cisionmaking among carriers at airports partici14 pating in the pilot program and that prescribe the 

15 methods of communication to be implemented among 

16 carriers during such an event. 

17 ‘‘(2) VIEWS.—The Administrator may obtain the 

18 views of interested parties in issuing the guidelines. 

19 ‘‘(d) EFFECT OF DETERMINATION OF EXISTENCE OF

20 CAPACITY REDUCTION EVENT.—Upon a determination by 

21 the Administrator that a capacity reduction event exists, 

22 the Administrator may authorize air carriers and foreign 

23 air carriers operating at an airport participating in the 

24 pilot program to communicate for a period of time not to 

25 exceed 24 hours with each other concerning changes in their
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1 respective flight schedules in order to use air traffic capac2 ity most effectively. The Administration shall facilitate and 

3 monitor such communication. 

4 ‘‘(e) SELECTION OF PARTICIPATING AIRPORTS.—Not 

5 later than 30 days after the date on which the Adminis6 trator establishes the pilot program, the Administrator shall 

7 select 3 airports to participate in the pilot program from 

8 among the most capacity-constrained airports in the coun9 try based on the Administration’s Airport Capacity Bench10 mark Report 2001 or more recent data on airport capacity 

11 that is available to the Administrator. The Administrator 

12 shall select an airport for participation in the pilot pro13 gram if the Administrator determines that collaborative de14 cisionmaking among air carriers and foreign air carriers 

15 would reduce delays at the airport and have beneficial ef16 fects on reducing delays in the national airspace system as 

17 a whole. 

18 ‘‘(f) ELIGIBILITY OF AIR CARRIERS.—An air carrier 

19 or foreign air carrier operating at an airport selected to 

20 participate in the pilot program is eligible to participate 

21 in the pilot program if the Administrator determines that 

22 the carrier has the operational and communications capa23 bility to participate in the pilot program. 

24 ‘‘(g) MODIFICATION OR TERMINATION OF PILOT PRO25 GRAM AT AN AIRPORT.—The Administrator may modify or 
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1 end the pilot program at an airport before the term of the 

2 pilot program has expired, or may ban an air carrier or 

3 foreign air carrier from participating in the program, if 

4 the Administrator determines that the purpose of the pilot 

5 program is not being furthered by participation of the air6 port or air carrier or if the Secretary of Transportation 

7 finds that the pilot program or the participation of an air 

8 carrier or foreign air carrier in the pilot program has had, 

9 or is having, an adverse effect on competition among car10 riers. 

11 ‘‘(h) EVALUATION.—

12 ‘‘(1) IN GENERAL.—Before the expiration of the 

13 2-year period for which the pilot program is author14 ized under subsection (b), the Administrator shall de15 termine whether the pilot program has facilitated 

16 more effective use of air traffic capacity and the Sec17 retary shall determine whether the pilot program has 

18 had an adverse effect on airline competition or the 

19 availability of air services to communities. The Ad20 ministrator shall also examine whether capacity bene21 fits resulting from the participation in the pilot pro22 gram of an airport resulted in capacity benefits to 

23 other parts of the national airspace system. 

24 ‘‘(2) OBTAINING NECESSARY DATA.—The Admin25 istrator may require participating air carriers and 
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1 airports to provide data necessary to evaluate the 

2 pilot program’s impact. 

3 ‘‘(i) EXTENSION OF PILOT PROGRAM.—At the end of 

4 the 2-year period for which the pilot program is authorized, 

5 the Administrator may continue the pilot program for an 

6 additional 2 years and expand participation in the pro7 gram to up to 7 additional airports if the Administrator 

8 determines pursuant to subsection (h) that the pilot pro9 gram has facilitated more effective use of air traffic capac10 ity and if the Secretary determines that the pilot program 

11 has had no adverse effect on airline competition or the 

12 availability of air services to communities. The Adminis13 trator shall select the additional airports to participate in 

14 the extended pilot program in the same manner in which 

15 airports were initially selected to participate.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 chapter 401 is amended by adding at the end the following:

‘‘40129. Collaborative decisionmaking pilot program.’’.

18 SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE IN19 FORMATION. 

20 (a) DOMESTIC AIR TRANSPORTATION.—Section 

21 41113(b) is amended—

22 (1) in paragraph (16) by striking ‘‘the air car23 rier’’ the third place it appears; and 

24 (2) by adding at the end the following: 
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1 ‘‘(17)(A) An assurance that, in the case of an ac2 cident that results in significant damage to a man3 made structure or other property on the ground that 

4 is not government-owned, the air carrier will prompt5 ly provide notice, in writing, to the extent practicable, 

6 directly to the owner of the structure or other prop7 erty about liability for any property damage and 

8 means for obtaining compensation. 

9 ‘‘(B) At a minimum, the written notice shall ad10 vise an owner (i) to contact the insurer of the prop11 erty as the authoritative source for information about 

12 coverage and compensation; (ii) to not rely on unoffi13 cial information offered by air carrier representatives 

14 about compensation by the air carrier for accident15 site property damage; and (iii) to obtain photo16 graphic or other detailed evidence of property damage 

17 as soon as possible after the accident, consistent with 

18 restrictions on access to the accident site. 

19 ‘‘(18) An assurance that, in the case of an acci20 dent in which the National Transportation Safety 

21 Board conducts a public hearing or comparable pro22 ceeding at a location greater than 80 miles from the 

23 accident site, the air carrier will ensure that the pro24 ceeding is made available simultaneously by elec25 tronic means at a location open to the public at both 
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1 the origin city and destination city of the air car2 rier’s flight if that city is located in the United 

3 States.’’. 

4 (b) FOREIGN AIR TRANSPORTATION.—Section 

5 41313(c) is amended by adding at the end the following: 

6 ‘‘(17) NOTICE CONCERNING LIABILITY FOR MAN7 MADE STRUCTURES.—

8 ‘‘(A) IN GENERAL.—An assurance that, in 

9 the case of an accident that results in significant 

10 damage to a man-made structure or other prop11 erty on the ground that is not government12 owned, the foreign air carrier will promptly pro13 vide notice, in writing, to the extent practicable, 

14 directly to the owner of the structure or other 

15 property about liability for any property dam16 age and means for obtaining compensation. 

17 ‘‘(B) MINIMUM CONTENTS.—At a minimum, 

18 the written notice shall advise an owner (i) to 

19 contact the insurer of the property as the author20 itative source for information about coverage and 

21 compensation; (ii) to not rely on unofficial infor22 mation offered by foreign air carrier representa23 tives about compensation by the foreign air car24 rier for accident-site property damage; and (iii) 

25 to obtain photographic or other detailed evidence
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1 of property damage as soon as possible after the 

2 accident, consistent with restrictions on access to 

3 the accident site. 

4 ‘‘(18) SIMULTANEOUS ELECTRONIC TRANS5 MISSION OF NTSB HEARING.—An assurance that, in 

6 the case of an accident in which the National Trans7 portation Safety Board conducts a public hearing or 

8 comparable proceeding at a location greater than 80 

9 miles from the accident site, the foreign air carrier 

10 will ensure that the proceeding is made available si11 multaneously by electronic means at a location open 

12 to the public at both the origin city and destination 

13 city of the foreign air carrier’s flight if that city is 

14 located in the United States.’’. 

15 (c) UPDATE PLANS.—Air carriers and foreign air car16 riers shall update their plans under sections 41113 and 

17 41313 of title 49, United States Code, respectively, to reflect 

18 the amendments made by subsections (a) and (b) of this 

19 section not later than 90 days after the date of enactment 

20 of this Act. 

21 SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASH22 INGTON NATIONAL AIRPORT. 

23 (a) BEYOND-PERIMETER EXEMPTIONS.—Section 

24 41718(a) is amended by striking ‘‘12’’ and inserting ‘‘24’’. 
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1 (b) WITHIN-PERIMETER EXEMPTIONS.—Section 

2 41718(b) is amended—

3 (1) by striking ‘‘12’’ and inserting ‘‘20’’; and 

4 (2) by striking ‘‘that were designated as medium 

5 hub or smaller airports’’. 

6 (c) LIMITATIONS.—

7 (1) GENERAL EXEMPTIONS.—Section 41718(c)(2) 

8 is amended by striking ‘‘two’’ and inserting ‘‘3’’. 

9 (2) ALLOCATION OF WITHIN-PERIMETER EXEMP10 TIONS.—Section 41718(c)(3) is amended—

11 (A) in subparagraph (A)—

12 (i) by striking ‘‘four’’ and inserting 

13 ‘‘six’’; and 

14 (ii) by striking ‘‘and’’ at the end; 

15 (B) in subparagraph (B)—

16 (i) by striking ‘‘eight’’ and inserting 

17 ‘‘ten’’; and 

18 (ii) by striking the period at the end 

19 and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(C) four shall be for air transportation to 

22 airports without regard to their size.’’. 

23 (d) APPLICATION PROCEDURES.—Section 41718(d) is 

24 amended to read as follows: 
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1 ‘‘(d) APPLICATION PROCEDURES.—The Secretary shall 

2 establish procedures to ensure that all requests for exemp3 tions under this section are granted or denied within 90 

4 days after the date on which the request is made.’’. 

5 (e) EFFECT OF PERIMETER RULES ON COMPETITION

6 AND AIR SERVICE.—

7 (1) IDENTIFICATION OF OTHER AIRPORTS.—The 

8 Secretary of Transportation shall identify airports 

9 (other than Ronald Reagan Washington National Air10 port) that have imposed perimeter rules like those in 

11 effect with respect to Ronald Reagan Washington Na12 tional Airport. 

13 (2) LIMITATION ON APPLICABILITY.—This sub14 section does not apply to perimeter rules imposed by 

15 Federal law. 

16 (3) STUDY.—The Secretary shall conduct a study 

17 of the effect that perimeter rules for airports identi18 fied under paragraph (1) have on competition and on 

19 air service to communities outside the perimeter. 

20 (4) REPORT.—Not later than 120 days after the 

21 date of enactment of this Act, the Secretary shall 

22 transmit to Congress a report on the results of the 

23 study.

24 (f) EFFECT OF CHANGING DEFINITION OF COMMUTER

25 AIR CARRIER.—
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1 (1) STUDY.—The Secretary shall study the effects 

2 of changing the definition of commuter air carrier in 

3 regulations of the Federal Aviation Administration to 

4 increase the maximum size of aircraft of such carriers 

5 to 76 seats or less on air service to small communities 

6 and on commuter air carriers operating aircraft with 

7 56 seats or less. 

8 (2) REPORT.—Not later than 90 days after the 

9 date of enactment of this Act, the Secretary shall 

10 transmit to Congress a report on the results of the 

11 study. 

12 SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY. 

13 (a) IN GENERAL.—Subchapter I of chapter 417 is 

14 amended by adding at the end the following:

15 ‘‘§ 41722. Notice concerning aircraft assembly 

16 ‘‘The Secretary of Transportation shall require, begin17 ning after the last day of the 1-year period following the 

18 date of enactment of this section, an air carrier using an 

19 aircraft to provide scheduled passenger air transportation 

20 to display a notice, on an information placard available 

21 to each passenger on the aircraft, that informs the pas22 sengers of the nation in which the aircraft was finally as23 sembled.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 417 is amended by striking the item relating to sec3 tion 41721 and inserting the following:

‘‘41721. Reports by carriers on incidents involving animals during air transport. 

‘‘41722. Notice concerning aircraft assembly.’’.

4 SEC. 414. SPECIAL RULE TO PROMOTE AIR SERVICE TO 

5 SMALL COMMUNITIES. 

6 (a) IN GENERAL.—Subchapter I of chapter 417 is fur7 ther amended by adding at the end the following:

8 ‘‘§ 41723. Special rule to promote air service to small 

9 communities 

10 ‘‘In order to promote air service to small communities, 

11 the Secretary of Transportation shall permit an operator 

12 of a turbine powered or multiengine piston powered aircraft 

13 with 10 passenger seats or less (1) to provide air transpor14 tation between an airport that is a nonhub airport and an15 other airport or between an airport that is not a commer16 cial service airport and another airport, and (2) to sell in17 dividual seats on that aircraft at a negotiated price, if the 

18 aircraft is otherwise operated in accordance with parts 119 

19 and 135 of title 14, Code of Federal Regulations, and the 

20 air transportation is otherwise provided in accordance with 

21 part 298 of such title 14.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 417 is further amended by adding at the end the 

3 following:

‘‘41723. Special rule to promote air service to small communities.’’.

4 SEC. 415. SMALL COMMUNITY AIR SERVICE. 

5 (a) COMPENSATION GUIDELINES, LIMITATION, AND

6 CLAIMS.—

7 (1) PAYMENT OF PROMOTIONAL AMOUNTS.—Sec8 tion 41737(a)(2) is amended by inserting before the 

9 period at the end ‘‘or may be paid directly to the unit 

10 of local government having jurisdiction over the eligi11 ble place served by the air carrier’’. 

12 (2) LOCAL SHARE.—Section 41737(a) is amend13 ed by adding at the end the following: 

14 ‘‘(3) PAYMENT OF COST BY LOCAL GOVERN15 MENT.—

16 ‘‘(A) GENERAL REQUIREMENT.—The guide17 lines may require a unit of local government 

18 having jurisdiction over an eligible place that is 

19 less than 170 miles from a medium or large hub 

20 or less than 75 miles from a small hub or a 

21 State within the boundaries of which the eligible 

22 place is located to pay 2.5 percent in fiscal year 

23 2005, 5 percent in fiscal year 2006, 7.5 percent 

24 in fiscal year 2007, and 10 percent in fiscal year 

25 2008 of the amount of compensation payable 
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1 under this subchapter for air transportation 

2 with respect to the eligible place to ensure the 

3 continuation of that air transportation. 

4 ‘‘(B) WAIVER.—The Secretary may waive 

5 the requirement, or reduce the amount, of a pay6 ment from a unit of local government under sub7 paragraph (A) if the Secretary finds that—

8 ‘‘(i) the unit of local government lacks 

9 the ability to pay; and 

10 ‘‘(ii) the loss of essential air service to 

11 the eligible place would have an adverse ef12 fect on the eligible place’s access to the na13 tional air transportation system. 

14 ‘‘(C) DETERMINATION OF MILEAGE.—In de15 termining the mileage between the eligible place 

16 and a hub under this paragraph, the Secretary 

17 shall use the most commonly used highway route 

18 between the eligible place and the hub.’’. 

19 (3) AUTHORITY TO MAKE AGREEMENTS AND

20 INCUR OBLIGATIONS.—Section 41737(d) is amend21 ed—

22 (A) by striking ‘‘(1) The Secretary’’ and in23 serting the ‘‘The Secretary’’; and 

24 (B) by striking paragraph (2). 
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1 (b) AIRPORTS NOT RECEIVING SUFFICIENT SERV2 ICE.—Section 41743 is amended—

3 (1) in the heading of subsection (a) by striking 

4 ‘‘PILOT’’; 

5 (2) in subsection (a) by striking ‘‘pilot’’; 

6 (3) in subsection (c)—

7 (A) by striking paragraph (3); 

8 (B) by redesignating paragraphs (4) and 

9 (5) as paragraphs (3) and (4), respectively; and 

10 (C) in paragraph (4) (as so redesignated)—

11 (i) by striking ‘‘and’’ at the end of sub12 paragraph (C); 

13 (ii) by striking the period at the end of 

14 subparagraph (D) and inserting ‘‘; and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(E) the assistance can be used in the fiscal 

19 year in which it is received.’’; and 

20 (4) in subsection (f) by striking ‘‘pilot’’. 

21 (c) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec22 tion 41742 is amended—

23 (1) in subsection (a)(2) by striking 

24 ‘‘$15,000,000’’ and inserting ‘‘$65,000,000’’; 
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1 (2) by adding at the end of subsection (a) the fol2 lowing: 

3 ‘‘(3) AUTHORIZATION FOR ADDITIONAL EMPLOY4 EES.—In addition to amounts authorized under 

5 paragraphs (1) and (2), there are authorized to be ap6 propriated such sums as may be necessary for the 

7 Secretary of Transportation to hire and employ 4 ad8 ditional employees for the office responsible for car9 rying out the essential air service program.’’; and 

10 (3) by striking subsection (c). 

11 (d) PROCESS FOR DISCONTINUING CERTAIN SUB12 SIDIES.—Section 41734 is amended by adding at the end 

13 the following: 

14 ‘‘(i) PROCESS FOR DISCONTINUING CERTAIN SUB15 SIDIES.—If the Secretary determines that no subsidy will 

16 be provided to a carrier to provide essential air service to 

17 an eligible place because the eligible place does not meet 

18 the requirements of section 332 of the Department of Trans19 portation and Related Agencies Appropriations Act, 2000 

20 (49 U.S.C. 41731 note; 113 Stat. 1022), the Secretary shall 

21 notify the affected community that the subsidy will cease 

22 but shall continue to provide the subsidy for 90 days after 

23 providing the notice to the community.’’. 

24 (e) JOINT PROPOSALS.—Section 41740 is amended by 

25 inserting ‘‘, including joint fares,’’ after ‘‘joint proposals’’. 
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1 (f) COMMUNITY AND REGIONAL CHOICE PROGRAM.—

2 (1) IN GENERAL.—Subchapter II of chapter 417 

3 is amended by adding at the end the following:

4 ‘‘§ 41745. Community and regional choice program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall establish an alternate essential air service pilot 

7 program in accordance with the requirements of this sec8 tion. 

9 ‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In car10 rying out the program, the Secretary, instead of paying 

11 compensation to an air carrier to provide essential air serv12 ice to an eligible place, may pay compensation directly to 

13 a unit of local government having jurisdiction over the eli14 gible place or a State within the boundaries of which the 

15 eligible place is located. 

16 ‘‘(c) USE OF COMPENSATION.—A unit of local govern17 ment or State receiving compensation for an eligible place 

18 under the program shall use the compensation for any of 

19 the following purposes: 

20 ‘‘(1) To provide assistance to an air carrier to 

21 provide scheduled air service to and from the eligible 

22 place, without being subject to the requirements of 

23 41732(b).
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1 ‘‘(2) To provide assistance to an air carrier to 

2 provide on-demand air taxi service to and from the 

3 eligible place. 

4 ‘‘(3) To provide assistance to a person to provide 

5 scheduled or on-demand surface transportation to and 

6 from the eligible place and an airport in another 

7 place. 

8 ‘‘(4) In combination with other units of local 

9 government in the same region, to provide transpor10 tation services to and from all the eligible places in 

11 that region at an airport or other transportation cen12 ter that can serve all the eligible places in that region. 

13 ‘‘(5) To purchase aircraft, or a fractional share 

14 in aircraft, to provide transportation to and from the 

15 eligible place. 

16 ‘‘(6) To pay for other transportation or related 

17 services that the Secretary may permit. 

18 ‘‘(d) FRACTIONALLY OWNED AIRCRAFT.—Notwith19 standing any other provision of law, only those operating 

20 rules that relate to an aircraft that is fractionally owned 

21 apply when an aircraft described in subsection (c)(5) is 

22 used to provide transportation described in subsection 

23 (c)(5). 

24 ‘‘(e) APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—A unit of local government 

2 or State seeking to participate in the program for an 

3 eligible place shall submit to the Secretary an appli4 cation in such form and containing such information 

5 as the Secretary may require. 

6 ‘‘(2) REQUIRED INFORMATION.—At a minimum, 

7 the application shall include—

8 ‘‘(A) a statement of the amount of com9 pensation required; and 

10 ‘‘(B) a description of how the compensation 

11 will be used. 

12 ‘‘(f) PARTICIPATION REQUIREMENTS.—

13 ‘‘(1) ELIGIBLE PLACES.—An eligible place for 

14 which compensation is received under the program in 

15 a fiscal year shall not be eligible to receive in that fis16 cal year the essential air service that it would other17 wise be entitled to under this subchapter. 

18 ‘‘(2) GOVERNMENTAL ENTITIES.—A unit of local 

19 government or State receiving compensation for an el20 igible place under the program in a fiscal year shall 

21 not be required to pay the local share described in 

22 41737(a)(3) in such fiscal year. 

23 ‘‘(g) SUBSEQUENT PARTICIPATION.—A unit of local 

24 government participating in the program under this section 

25 in a fiscal year shall not be prohibited from participating 
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1 in the basic essential air service program under this chapter 

2 in a subsequent fiscal year if such unit is otherwise eligible 

3 to participate in such program. 

4 ‘‘(h) FUNDING.—Amounts appropriated or otherwise 

5 made available to carry out the essential air service pro6 gram under this subchapter shall be available to carry out 

7 this section.’’. 

8 (2) CONFORMING AMENDMENT.—The analysis for 

9 chapter 417 is amended by inserting after the item re10 lating to section 41744 the following:

‘‘41745. Community and regional choice program.’’.

11 SEC. 416. TYPE CERTIFICATES. 

12 (a) AGREEMENTS TO PERMIT USE OF CERTIFICATES

13 BY OTHER PERSONS.—Section 44704(a) is amended by 

14 adding at the end the following: 

15 ‘‘(3) If the holder of a type certificate agrees to permit 

16 another person to use the certificate to manufacture a new 

17 aircraft, aircraft engine, propeller, or appliance, the holder 

18 shall provide the other person with written evidence, in a 

19 form acceptable to the Administrator, of that agreement. A 

20 person may manufacture a new aircraft, aircraft engine, 

21 propeller, or appliance based on a type certificate only if 

22 the person is the holder of the type certificate or has permis23 sion from the holder.’’. 
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1 (b) CERTIFICATION OF PRODUCTS MANUFACTURED IN

2 FOREIGN NATIONS.—Section 44704 is further amended by 

3 adding at the end the following: 

4 ‘‘(e) CERTIFICATION OF PRODUCTS MANUFACTURED IN

5 FOREIGN NATIONS.—In order to ensure safety, the Admin6 istrator shall spend at least the same amount of time and 

7 perform a no-less-thorough review in certifying, or vali8 dating the certification of, an aircraft, aircraft engine, pro9 peller, or appliance manufactured in a foreign nation as 

10 the regulatory authorities of that nation employ when the 

11 authorities certify, or validate the certification of, an air12 craft, aircraft engine, propeller, or appliance manufactured 

13 in the United States.’’. 

14 SEC. 417. DESIGN ORGANIZATION CERTIFICATES. 

15 (a) GENERAL AUTHORITY TO ISSUE CERTIFICATES.—

16 Effective on the last day of the 7-year period beginning on 

17 the date of enactment of this Act, section 44702(a) is 

18 amended by inserting ‘‘design organization certificates,’’ 

19 after ‘‘airman certificates,’’. 

20 (b) DESIGN ORGANIZATION CERTIFICATES.—

21 (1) PLAN.—Not later than 3 years after the date 

22 of enactment of this Act, the Administrator of the 

23 Federal Aviation Administration shall transmit to 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives and the Committee on
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1 Commerce, Science, and Transportation of the Senate 

2 a plan for the development and oversight of a system 

3 for certification of design organizations to certify 

4 compliance with the requirements and minimum 

5 standards prescribed under section 44701(a) of title 

6 49, United States Code, for the type certification of 

7 aircraft, aircraft engines, propellers, or appliances. 

8 (2) ISSUANCE OF CERTIFICATES.—Section 44704 

9 is further amended by adding at the end the fol10 lowing: 

11 ‘‘(f) DESIGN ORGANIZATION CERTIFICATES.—

12 ‘‘(1) ISSUANCE.—Beginning 7 years after the 

13 date of enactment of this subsection, the Adminis14 trator may issue a design organization certificate to 

15 a design organization to authorize the organization to 

16 certify compliance with the requirements and min17 imum standards prescribed under section 44701(a) 

18 for the type certification of aircraft, aircraft engines, 

19 propellers, or appliances. 

20 ‘‘(2) APPLICATIONS.—On receiving an applica21 tion for a design organization certificate, the Admin22 istrator shall examine and rate the design organiza23 tion submitting the application, in accordance with 

24 regulations to be prescribed by the Administrator, to 

25 determine whether the design organization has ade-
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1 quate engineering, design, and testing capabilities, 

2 standards, and safeguards to ensure that the product 

3 being certificated is properly designed and manufac4 tured, performs properly, and meets the regulations 

5 and minimum standards prescribed under section 

6 44701(a). 

7 ‘‘(3) ISSUANCE OF TYPE CERTIFICATES BASED

8 ON DESIGN ORGANIZATION CERTIFICATION.—On re9 ceiving an application for a type certificate under 

10 subsection (a) that is accompanied by a certification 

11 of compliance by a design organization certificated 

12 under this subsection, instead of conducting an inde13 pendent investigation under subsection (a), the Ad14 ministrator may issue the type certificate based on 

15 the certification of compliance. 

16 ‘‘(4) PUBLIC SAFETY.—The Administrator shall 

17 include in a design organization certificate issued 

18 under this subsection terms required in the interest of 

19 safety.’’. 

20 (c) REINSPECTION AND REEXAMINATION.—Section 

21 44709(a) is amended by inserting ‘‘design organization, 

22 production certificate holder,’’ after ‘‘appliance,’’. 

23 (d) PROHIBITIONS.—Section 44711(a)(7) is amended 

24 by striking ‘‘agency’’ and inserting ‘‘agency, design organi25 zation certificate, ’’. 
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1 (e) CONFORMING AMENDMENTS.—

2 (1) SECTION HEADING.—Section 44704 is 

3 amended by striking the section designation and 

4 heading and inserting the following: 

5 ‘‘§ 44704. Type certificates, production certificates, 

6 airworthiness certificates, and design or7 ganization certificates’’. 

8 (2) CHAPTER ANALYSIS.—The analysis for chap9 ter 447 is amended by striking the item relating to 

10 section 44704 and inserting the following:

‘‘44704. Type certificates, production certificates, airworthiness certificates, and 

design organization certificates.’’.

11 SEC. 418. COUNTERFEIT OR FRAUDULENTLY REPRESENTED 

12 PARTS VIOLATIONS. 

13 Section 44726(a)(1) is amended—

14 (1) by striking ‘‘or’’ at the end of subparagraph 

15 (A); 

16 (2) by redesignating subparagraph (B) as sub17 paragraph (C); 

18 (3) by inserting after subparagraph (A) the fol19 lowing: 

20 ‘‘(B) whose certificate is revoked under sub21 section (b); or’’; and 

22 (4) in subparagraph (C) (as redesignated by 

23 paragraph (2) of this section) by striking ‘‘convicted
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1 of such a violation.’’ and inserting ‘‘described in sub2 paragraph (A) or (B).’’. 

3 SEC. 419. RUNWAY SAFETY STANDARDS. 

4 (a) IN GENERAL.—Chapter 447 is amended by adding 

5 at the end the following:

6 ‘‘§ 44727. Runway safety areas 

7 ‘‘An airport owner or operator shall not be required 

8 to reduce the length of a runway or declare the length of 

9 a runway to be less than the actual pavement length in 

10 order to meet standards of the Federal Aviation Adminis11 tration applicable to runway safety areas.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 chapter 447 is amended by adding at the end the following:

‘‘44727. Runway safety areas.’’.

14 SEC. 420. AVAILABILITY OF MAINTENANCE INFORMATION. 

15 (a) IN GENERAL.—Chapter 447 is further amended by 

16 adding at the end the following: 

17 ‘‘§ 44728. Availability of maintenance information 

18 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

19 Aviation Administration shall continue in effect the re20 quirement of section 21.50(b) of title 14, Code of Federal 

21 Regulations, that the holder of a design approval—

22 ‘‘(1) shall prepare and furnish at least one set of 

23 complete instructions for continued airworthiness as 

24 prescribed in such section to the owner of each type 

25 of aircraft, aircraft engine, or propeller upon its de-
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1 livery or upon the issuance of the first standard air2 worthiness certificate for the affected aircraft, which3 ever occurs later; and 

4 ‘‘(2) thereafter shall make the instructions, and 

5 any changes thereto, available to any other person re6 quired by parts 1 through 199 of title 14, Code of 

7 Federal Regulations, to comply with any of the terms 

8 of the instructions. 

9 ‘‘(b) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 ‘‘(1) MAKE AVAILABLE.—The term ‘make avail12 able’ means providing at a cost not to exceed the cost 

13 of preparation and distribution. 

14 ‘‘(2) DESIGN APPROVAL.—The term ‘design ap15 proval’ means a type certificate, supplemental type 

16 certificate, amended type certificate, parts manufac17 turer approval, technical standard order authoriza18 tion, and any other action as determined by the Ad19 ministrator pursuant to subsection (c)(2). 

20 ‘‘(3) INSTRUCTIONS FOR CONTINUED AIRWORTHI21 NESS.—The term ‘instructions for continued air22 worthiness’ means any information (and any changes 

23 to such information) considered essential to continued 

24 airworthiness that sets forth the methods, techniques, 

25 and practices for performing maintenance and alter-
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1 ation on civil aircraft, aircraft engines, propellers, 

2 appliances or any part installed thereon. Such infor3 mation may include maintenance, repair, and over4 haul manuals, standard practice manuals, service 

5 bulletins, service letters, or similar documents issued 

6 by a design approval holder. 

7 ‘‘(c) RULEMAKING.—The Administrator shall conduct 

8 a rulemaking proceeding for the following purposes: 

9 ‘‘(1) To determine the meaning of the phrase ‘es10 sential to continued airworthiness’ of the applicable 

11 aircraft, aircraft engine, and propeller as that term 

12 is used in parts 23 through 35 of title 14, Code of 

13 Federal Regulations. 

14 ‘‘(2) To determine if a design approval should 

15 include, in addition to those approvals specified in 

16 subsection (b)(2), any other activity in which persons 

17 are required to have technical data approved by the 

18 Administrator. 

19 ‘‘(3) To revise existing rules to reflect the defini20 tion of design approval holder in subsections (b)(2) 

21 and (c)(2). 

22 ‘‘(4) To determine if design approval holders 

23 that prepared instructions for continued airworthi24 ness or maintenance manuals before January 29, 

25 1981, should be required to make the manuals avail-
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1 able (including any changes thereto) to any person re2 quired by parts 1 through 199 of title 14, Code of 

3 Federal Regulations, to comply with any of the terms 

4 of those manuals. 

5 ‘‘(5) To require design approval holders that—

6 ‘‘(A) are operating an ongoing business con7 cern; 

8 ‘‘(B) were required to produce maintenance 

9 manuals or instructions for continued airworthi10 ness under section 21.50(b) of title 14, Code of 

11 Federal Regulations; and 

12 ‘‘(C) have not done so, 

13 to prepare those documents and make them available 

14 as required by this section not later than 1 year after 

15 date on which the regulations are published. 

16 ‘‘(6) To revise its rules to reflect the changes 

17 made by this section. 

18 ‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—

19 Nothing is this section shall be construed as requiring the 

20 holder of a design approval to make available proprietary 

21 information unless it is deemed essential to continued air22 worthiness.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 447 is further amended by adding at the end the 

25 following:

‘‘44728. Availability of maintenance information.’’.
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1 SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO A SECU2 RITY THREAT. 

3 (a) IN GENERAL.—Chapter 461 is amended by adding 

4 at the end the following: 

5 ‘‘§ 46111. Certificate actions in response to a security 

6 threat 

7 ‘‘(a) ORDERS.—The Administrator of Federal Avia8 tion Administration shall issue an order amending, modi9 fying, suspending, or revoking any part of a certificate 

10 issued under this title if the Administrator is notified by 

11 the Under Secretary for Border and Transportation Secu12 rity of the Department of Homeland Security that the hold13 er of the certificate poses, or is suspected of posing, a risk 

14 of air piracy or terrorism or a threat to airline or passenger 

15 safety. If requested by the Under Secretary, the order shall 

16 be effective immediately. 

17 ‘‘(b) HEARINGS FOR CITIZENS.—An individual who is 

18 a citizen of the United States who is adversely affected by 

19 an order of the Administrator under subsection (a) is enti20 tled to a hearing on the record. 

21 ‘‘(c) HEARINGS.—When conducting a hearing under 

22 this section, the administrative law judge shall not be bound 

23 by findings of fact or interpretations of laws and regula24 tions of the Administrator or the Under Secretary. 

25 ‘‘(d) APPEALS.—An appeal from a decision of an ad26 ministrative law judge as the result of a hearing under sub-
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1 section (b) shall be made to the Transportation Security 

2 Oversight Board established by section 115. The Board shall 

3 establish a panel to review the decision. The members of 

4 this panel (1) shall not be employees of the Transportation 

5 Security Administration, (2) shall have the level of security 

6 clearance needed to review the determination made under 

7 this section, and (3) shall be given access to all relevant 

8 documents that support that determination. The panel may 

9 affirm, modify, or reverse the decision. 

10 ‘‘(e) REVIEW.—A person substantially affected by an 

11 action of a panel under subsection (d), or the Under Sec12 retary when the Under Secretary decides that the action 

13 of the panel under this section will have a significant ad14 verse impact on carrying out this part, may obtain review 

15 of the order under section 46110. The Under Secretary and 

16 the Administrator shall be made a party to the review pro17 ceedings. Findings of fact of the panel are conclusive if sup18 ported by substantial evidence. 

19 ‘‘(f) EXPLANATION OF DECISIONS.—An individual 

20 who commences an appeal under this section shall receive 

21 a written explanation of the basis for the determination or 

22 decision and all relevant documents that support that deter23 mination to the maximum extent that the national security 

24 interests of the United States and other applicable laws per25 mit.
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1 ‘‘(g) CLASSIFIED EVIDENCE.—

2 ‘‘(1) IN GENERAL.—The Under Secretary, in 

3 consultation with the Administrator, shall issue regu4 lations to establish procedures by which the Under 

5 Secretary, as part of a hearing conducting under this 

6 section, may substitute an unclassified summary of 

7 classified evidence upon the approval of the adminis8 trative law judge. 

9 ‘‘(2) APPROVAL AND DISAPPROVAL OF SUM10 MARIES.—Under the procedures, an administrative 

11 law judge shall—

12 ‘‘(A) approve a summary if the judge finds 

13 that it is sufficient to enable the certificate hold14 er to appeal an order issued under subsection 

15 (a); or 

16 ‘‘(B) disapprove a summary if the judge 

17 finds that it is not sufficient to enable the certifi18 cate holder to appeal such an order. 

19 ‘‘(3) MODIFICATIONS.—If an administrative law 

20 judge disapproves a summary under paragraph 

21 (2)(B), the judge shall direct the Under Secretary to 

22 modify the summary and resubmit the summary for 

23 approval. 

24 ‘‘(4) INSUFFICIENT MODIFICATIONS.—If an ad25 ministrative law judge is unable to approve a modi-
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1 fied summary, the order issued under subsection (a) 

2 that is the subject of the hearing shall be set aside un3 less the judge finds that such a result—

4 ‘‘(A) would likely cause serious and irrep5 arable harm to the national security; or 

6 ‘‘(B) would likely cause death or serious 

7 bodily injury to any person. 

8 ‘‘(5) SPECIAL PROCEDURES.—If an administra9 tive law judge makes a finding under subparagraph 

10 (A) or (B) of paragraph (4), the hearing shall proceed 

11 without an unclassified summary provided to the cer12 tificate holder. In such a case, subject to procedures 

13 established by regulation by the Under Secretary in 

14 consultation with the Administrator, the administra15 tive law judge shall appoint a special attorney to as16 sist the accused by—

17 ‘‘(A) reviewing in camera the classified evi18 dence; and 

19 ‘‘(B) challenging, through an in camera 

20 proceeding, the veracity of the evidence contained 

21 in the classified information.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 461 is amended by adding at the end the following:

‘‘46111. Certificate actions in response to a security threat.’’.
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1 SEC. 422. FLIGHT ATTENDANT CERTIFICATION. 

2 (a) IN GENERAL.—Chapter 447 is further amended by 

3 adding at the end the following: 

4 ‘‘§ 44729. Flight attendant certification 

5 ‘‘(a) CERTIFICATE REQUIRED.—

6 ‘‘(1) IN GENERAL.—No person may serve as a 

7 flight attendant aboard an aircraft of an air carrier 

8 unless that person holds a certificate of demonstrated 

9 proficiency from the Administrator of the Federal 

10 Aviation Administration. Upon the request of the Ad11 ministrator or an authorized representative of the Na12 tional Transportation Safety Board or another Fed13 eral agency, a person who holds such a certificate 

14 shall present the certificate for inspection within a 

15 reasonable period of time after the date of the request. 

16 ‘‘(2) SPECIAL RULE FOR CURRENT FLIGHT AT17 TENDANTS.—An individual serving as a flight attend18 ant on the effective date of this section may continue 

19 to serve aboard an aircraft as a flight attendant until 

20 completion by that individual of the required recur21 rent or requalification training and subsequent cer22 tification under this section. 

23 ‘‘(3) TREATMENT OF FLIGHT ATTENDANT AFTER

24 NOTIFICATION.—On the date that the Administrator 

25 is notified by an air carrier that an individual has 

26 the demonstrated proficiency to be a flight attendant,
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1 the individual shall be treated for purposes of this sec2 tion as holding a certificate issued under the section. 

3 ‘‘(b) ISSUANCE OF CERTIFICATE.—The Administrator 

4 shall issue a certificate of demonstrated proficiency under 

5 this section to an individual after the Administrator is no6 tified by the air carrier that the individual has successfully 

7 completed all the training requirements for flight attend8 ants approved by the Administrator. 

9 ‘‘(c) DESIGNATION OF PERSON TO DETERMINE SUC10 CESSFUL COMPLETION OF TRAINING.—In accordance with 

11 part 183 of chapter 14, Code of Federal Regulation, the di12 rector of operations of an air carrier is designated to deter13 mine that an individual has successfully completed the 

14 training requirements approved by the Administrator for 

15 such individual to serve as a flight attendant. 

16 ‘‘(d) SPECIFICATIONS RELATING TO CERTIFICATES.—

17 Each certificate issued under this section shall—

18 ‘‘(1) be numbered and recorded by the Adminis19 trator; 

20 ‘‘(2) contain the name, address, and description 

21 of the individual to whom the certificate is issued; 

22 ‘‘(3) contain the name of the air carrier that em23 ploys or will employ the certificate holder on the date 

24 that the certificate is issued; 
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1 ‘‘(4) is similar in size and appearance to certifi2 cates issued to airmen; 

3 ‘‘(5) contain the airplane group for which the 

4 certificate is issued; and 

5 ‘‘(6) be issued not later than 30 days after the 

6 Administrator receives notification from the air car7 rier of demonstrated proficiency and, in the case of 

8 an individual serving as flight attendant on the effec9 tive date of this section, not later than 1 year after 

10 such effective date. 

11 ‘‘(e) APPROVAL OF TRAINING PROGRAMS.—Air carrier 

12 flight attendant training programs shall be subject to ap13 proval by the Administrator. All flight attendant training 

14 programs approved by the Administrator in the 1-year pe15 riod ending on the date of enactment of this section shall 

16 be treated as providing a demonstrated proficiency for pur17 poses of meeting the certification requirements of this sec18 tion. 

19 ‘‘(f) FLIGHT ATTENDANT DEFINED.—In this section, 

20 the term ‘flight attendant’ means an individual working as 

21 a flight attendant in the cabin of an aircraft that has 20 

22 or more seats and is being used by an air carrier to provide 

23 air transportation.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 447 is further amended by adding at the end the 

3 following:

‘‘44729. Flight attendant certification.’’.

4 (c) EFFECTIVE DATE.—The amendments made by sub5 sections (a) and (b) shall take effect on the 365th day fol6 lowing the date of enactment of this Act. 

7 SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT 

8 WITHOUT PROVIDING SUFFICIENT NOTICE. 

9 (a) IN GENERAL.—Chapter 463 is amended by adding 

10 at the end the following: 

11 ‘‘§ 46319. Closure of an airport without providing suf12 ficient notice 

13 ‘‘(a) PROHIBITION.—A public agency (as defined in 

14 section 47102) may not close an airport listed in the na15 tional plan of integrated airport systems under section 

16 47103 without providing written notice to the Adminis17 trator of the Federal Aviation Administration at least 30 

18 days before the date of the closure. 

19 ‘‘(b) PUBLICATION OF NOTICE.—The Administrator 

20 shall publish each notice received under subsection (a) in 

21 the Federal Register. 

22 ‘‘(c) CIVIL PENALTY.—A public agency violating sub23 section (a) shall be liable for a civil penalty of $10,000 for 

24 each day that the airport remains closed without having 

25 given the notice required by this section.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 463 is amended by adding at the end the following:

‘‘46319. Closure of an airport without providing sufficient notice.’’.

3 SEC. 424. NOISE EXPOSURE MAPS. 

4 Section 47503 is amended—

5 (1) in subsection (a) by striking ‘‘1985,’’ and in6 serting ‘‘a forecast period that is at least 5 years in 

7 the future’’; and 

8 (2) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) REVISED MAPS.—If, in an area surrounding an 

11 airport, a change in the operation of the airport would es12 tablish a substantial new noncompatible use, or would sig13 nificantly reduce noise over existing noncompatible uses, 

14 that is not reflected in either the existing conditions map 

15 or forecast map currently on file with the Federal Aviation 

16 Administration, the airport operator shall submit a revised 

17 noise exposure map to the Secretary showing the new non18 compatible use or noise reduction.’’.

19 SEC. 425. AMENDMENT OF GENERAL FEE SCHEDULE PROVI20 SION. 

21 The amendment made by section 119(d) of the Avia22 tion and Transportation Security Act (115 Stat. 629) shall 

23 not be affected by the savings provisions contained in sec24 tion 141 of that Act (115 Stat. 643). 
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1 SEC. 426. IMPROVEMENT OF CURRICULUM STANDARDS FOR 

2 AVIATION MAINTENANCE TECHNICIANS. 

3 (a) IN GENERAL.—The Administrator of the Federal 

4 Aviation Administration shall ensure that the training 

5 standards for airframe and powerplant mechanics under 

6 part 65 of title 14, Code of Federal Regulations, are up7 dated and revised in accordance with this section. The Ad8 ministrator may update and revise the training standards 

9 through the initiation of a formal rulemaking or by issuing 

10 an advisory circular or other agency guidance. 

11 (b) ELEMENTS FOR CONSIDERATION.—The updated 

12 and revised standards required under subsection (a) shall 

13 include those curriculum adjustments that are necessary to 

14 more accurately reflect current technology and maintenance 

15 practices. 

16 (c) MINIMUM TRAINING HOURS.—In making adjust17 ments to the maintenance curriculum requirements pursu18 ant to this section, the current requirement of 1900 min19 imum training hours shall be maintained. 

20 (d) CERTIFICATION.—Any adjustment or modification 

21 of current curriculum standards made pursuant to this sec22 tion shall be reflected in the certification examinations of 

23 airframe and powerplant mechanics. 

24 (e) COMPLETION.—The revised and updated training 

25 standards required by subsection (a) shall be completed not
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1 later than 12 months after the date of enactment of this 

2 Act. 

3 (f) PERIODIC REVIEWS AND UPDATES.—The Adminis4 trator shall review the content of the curriculum standards 

5 for training airframe and powerplant mechanics referred 

6 to in subsection (a) every 3 years after completion of the 

7 revised and updated training standards required under sub8 section (a) as necessary to reflect current technology and 

9 maintenance practices. 

10 SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPOR11 TATION SYSTEM. 

12 (a) IN GENERAL.—The President shall establish a task 

13 force to work with the Next Generation Air Transportation 

14 System Joint Program Office authorized under section 

15 106(k)(3). 

16 (b) MEMBERSHIP.—The task force shall be composed 

17 of representatives, appointed by the President, from air car18 riers, general aviation, pilots, and air traffic controllers 

19 and the following government organizations: 

20 (1) The Federal Aviation Administration. 

21 (2) The National Aeronautics and Space Admin22 istration. 

23 (3) The Department of Defense. 

24 (4) The Department of Homeland Security. 
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1 (5) The National Oceanic and Atmospheric Ad2 ministration. 

3 (6) Other government organizations designated 

4 by the President. 

5 (c) FUNCTION.—The function of the task force shall be 

6 to develop an integrated plan to transform the Nation’s air 

7 traffic control system and air transportation system to meet 

8 its future needs. 

9 (d) PLAN.—Not later than 1 year after the date of es10 tablishment of the task force, the task force shall transmit 

11 to the President and Congress a plan outlining the overall 

12 strategy, schedule, and resources needed to develop and de13 ploy the Nation’s next generation air traffic control system 

14 and air transportation system. 

15 SEC. 428. AIR QUALITY IN AIRCRAFT CABINS. 

16 (a) IN GENERAL.—The Administrator of the Federal 

17 Aviation Administration shall undertake the studies and 

18 analysis called for in the report of the National Research 

19 Council entitled ‘‘The Airliner Cabin Environment and the 

20 Health of Passengers and Crew’’. 

21 (b) REQUIRED ACTIVITIES.—In carrying out this sec22 tion, the Administrator, at a minimum, shall—

23 (1) conduct surveillance to monitor ozone in the 

24 cabin on a representative number of flights and air-
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1 craft to determine compliance with existing Federal 

2 Aviation Regulations for ozone; 

3 (2) collect pesticide exposure data to determine 

4 exposures of passengers and crew; and 

5 (3) analyze samples of residue from aircraft ven6 tilation ducts and filters after air quality incidents to 

7 identify the allergens, diseases, and other contami8 nants to which passengers and crew were exposed. 

9 (c) REPORT.—Not later than 30 months after the date 

10 of enactment of this Act, the Administrator shall transmit 

11 to Congress a report on the findings of the Administrator 

12 under this section. 

13 SEC. 429. RECOMMENDATIONS CONCERNING TRAVEL 

14 AGENTS. 

15 (a) REPORT.—Not later than 6 months after the date 

16 of enactment of this Act, the Secretary of Transportation 

17 shall transmit to Congress a report on any actions that 

18 should be taken with respect to recommendations made by 

19 the National Commission to Ensure Consumer Information 

20 and Choice in the Airline Industry on—

21 (1) the travel agent arbiter program; and 

22 (2) the special box on tickets for agents to in23 clude their service fee charges. 
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1 (b) CONSULTATION.—In preparing this report, the 

2 Secretary shall consult with representatives from the airline 

3 and travel agent industry. 

4 SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLI5 CATIONS OF TECHNOLOGY FOR MILITARY 

6 AIRCRAFT TO CIVILIAN AIRCRAFT. 

7 (a) IN GENERAL.—The President shall establish a task 

8 force to look for better methods for ensuring that technology 

9 developed for military aircraft is more quickly and easily 

10 transferred to applications for improving and modernizing 

11 the fleet of civilian aircraft. 

12 (b) MEMBERSHIP.—The task force shall be composed 

13 of the Secretary of Transportation who shall be the chair 

14 of the task force and representatives, appointed by the Presi15 dent, from the following: 

16 (1) The Department of Transportation. 

17 (2) The Federal Aviation Administration. 

18 (3) The Department of Defense. 

19 (4) The National Aeronautics and Space Admin20 istration. 

21 (5) The aircraft manufacturing industry. 

22 (6) Such other organizations as the President 

23 may designate. 

24 (c) REPORT.—Not later than 1 year after the date of 

25 enactment of this Act, the task force shall report to Congress 
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1 on the methods looked at by the task force for ensuring the 

2 transfer of applications described in subsection (a).

3 SEC. 431. REIMBURSEMENT FOR LOSSES INCURRED BY 

4 GENERAL AVIATION ENTITIES. 

5 (a) IN GENERAL.—The Secretary of Transportation 

6 may make grants to reimburse the following general avia7 tion entities for the security costs incurred and revenue fore8 gone as a result of the restrictions imposed by the Federal 

9 Government following the terrorist attacks on the United 

10 States that occurred on September 11, 2001, or the military 

11 action to free the people of Iraq that commenced in March 

12 2003: 

13 (1) General aviation entities that operate at 

14 Ronald Reagan Washington National Airport. 

15 (2) Airports that are located within 15 miles of 

16 Ronald Reagan Washington National Airport and 

17 were operating under security restrictions on the date 

18 of enactment of this Act and general aviation entities 

19 operating at those airports. 

20 (3) General aviation entities that were affected 

21 by Federal Aviation Administration Notices to Air22 men FDC 2/0199 and 3/1862 and section 352 of the 

23 Department of Transportation and Related Agencies 

24 Appropriations Act, 2003 (P.L. 108–7, Division I).
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1 (4) General aviation entities affected by imple2 mentation of section 44939 of title 49, United States 

3 Code. 

4 (5) Any other general aviation entity that is pre5 vented from doing business or operating by an action 

6 of the Federal Government prohibiting access to air7 space by that entity. 

8 (b) DOCUMENTATION.—Reimbursement under this sec9 tion shall be made in accordance with sworn financial 

10 statements or other appropriate data submitted by each 

11 general aviation entity demonstrating the costs incurred 

12 and revenue foregone to the satisfaction of the Secretary. 

13 (c) GENERAL AVIATION ENTITY DEFINED.—In this 

14 section, the term ‘‘general aviation entity’’ means any per15 son (other than a scheduled air carrier or foreign air car16 rier, as such terms are defined in section 40102 of title 49, 

17 United States Code) that—

18 (1) operates nonmilitary aircraft under part 91 

19 of title 14, Code of Federal Regulations, for the pur20 pose of conducting its primary business; 

21 (2) manufactures nonmilitary aircraft with a 

22 maximum seating capacity of fewer than 20 pas23 sengers or aircraft parts to be used in such aircraft; 

24 (3) provides services necessary for nonmilitary 

25 operations under such part 91; or 
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1 (4) operates an airport, other than a primary 

2 airport (as such terms are defined in such section 

3 40102), that—

4 (A) is listed in the national plan of inte5 grated airport systems developed by the Federal 

6 Aviation Administration under section 47103 of 

7 such title; or 

8 (B) is normally open to the public, is lo9 cated within the confines of enhanced class B 

10 airspace (as defined by the Federal Aviation Ad11 ministration in Notice to Airmen FDC 1/0618), 

12 and was closed as a result of an order issued by 

13 the Federal Aviation Administration in the pe14 riod beginning September 11, 2001, and ending 

15 January 1, 2002, and remained closed as a re16 sult of that order on January 1, 2002. 

17 Such term includes fixed based operators, flight schools, 

18 manufacturers of general aviation aircraft and products, 

19 persons engaged in nonscheduled aviation enterprises, and 

20 general aviation independent contractors. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $100,000,000. Such sums shall remain available until ex24 pended. 
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1 SEC. 432. IMPASSE PROCEDURES FOR NATIONAL ASSOCIA2 TION OF AIR TRAFFIC SPECIALISTS. 

3 (a) FAILURE OF CURRENT NEGOTIATIONS.—If, within 

4 30 days after the date of enactment of this Act, the Federal 

5 Aviation Administration and the exclusive bargaining rep6 resentative of the National Association of Air Traffic Spe7 cialists have failed to achieve agreement through a medi8 ation process of the Federal Mediation and Conciliation 

9 Service, the current labor negotiation shall be treated for 

10 purposes of this section to have failed. 

11 (b) SUBMISSION TO IMPASSE PANEL.—Not later than 

12 30 days after the negotiation has failed under subsection 

13 (a), the parties to the negotiation shall submit unresolved 

14 issues to the Federal Service Impasses Panel described in 

15 section 7119(c) of title 5, United States Code, for final and 

16 binding resolution. 

17 (c) ASSISTANCE.—The Panel shall render assistance to 

18 the parties in resolving their dispute in accordance with 

19 section 7119 of title 5, United States Code, and parts 2470 

20 and 2471 of title 5, Code of Federal Regulations. 

21 (d) DETERMINATION.—The Panel shall make a just 

22 and reasonable determination of the matters in dispute. In 

23 arriving at such determination, the Panel shall specify the 

24 basis for its findings, taking into consideration such rel25 evant factors as are normally and customarily considered 

26 in the determination of wages or impasse Panel pro-
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1 ceedings. The Panel shall also take into consideration the 

2 financial ability of the Administration to pay. 

3 (e) EFFECT OF PANEL DETERMINATION.—The deter4 mination of the Panel shall be final and binding upon the 

5 parties for the period prescribed by the Panel or a period 

6 otherwise agreed to by the parties. 

7 (f) REVIEW.—The determination of the Panel shall be 

8 subject to review in the manner prescribed in chapter 71 

9 of title 5, United States Code. 

10 SEC. 433. FAA INSPECTOR TRAINING. 

11 (a) STUDY.—

12 (1) IN GENERAL.—The Comptroller General shall 

13 conduct a study of the training of the aviation safety 

14 inspectors of the Federal Aviation Administration (in 

15 this section referred to as ‘‘FAA inspectors’’). 

16 (2) CONTENTS.—The study shall include—

17 (A) an analysis of the type of training pro18 vided to FAA inspectors; 

19 (B) actions that the Federal Aviation Ad20 ministration has undertaken to ensure that FAA 

21 inspectors receive up-to-date training on the lat22 est technologies; 

23 (C) the extent of FAA inspector training 

24 provided by the aviation industry and whether
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1 such training is provided without charge or on 

2 a quid-pro-quo basis; and 

3 (D) the amount of travel that is required of 

4 FAA inspectors in receiving training. 

5 (3) REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Comptroller General 

7 shall transmit to the Committee on Transportation 

8 and Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and Trans10 portation of the Senate a report on the results of the 

11 study. 

12 (b) SENSE OF THE HOUSE.—It is the sense of the 

13 House of Representatives that—

14 (1) FAA inspectors should be encouraged to take 

15 the most up-to-date initial and recurrent training on 

16 the latest aviation technologies; 

17 (2) FAA inspector training should have a direct 

18 relation to an individual’s job requirements; and 

19 (3) if possible, a FAA inspector should be al20 lowed to take training at the location most convenient 

21 for the inspector. 

22 (c) WORKLOAD OF INSPECTORS.—

23 (1) STUDY BY NATIONAL ACADEMY OF

24 SCIENCES.—Not later than 90 days after the date of 

25 enactment of this Act, the Administrator of the Fed-
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1 eral Aviation Administration shall make appropriate 

2 arrangements for the National Academy of Sciences to 

3 conduct a study of the assumptions and methods used 

4 by the Federal Aviation Administration to estimate 

5 staffing standards for FAA inspectors to ensure prop6 er oversight over the aviation industry, including the 

7 designee program. 

8 (2) CONTENTS.—The study shall include the fol9 lowing: 

10 (A) A suggested method of modifying FAA 

11 inspectors staffing models for application to cur12 rent local conditions or applying some other ap13 proach to developing an objective staffing stand14 ard. 

15 (B) The approximate cost and length of 

16 time for developing such models. 

17 (3) REPORT.—Not later than 12 months after the 

18 initiation of the arrangements under subsection (a), 

19 the National Academy of Sciences shall transmit to 

20 Congress a report on the results of the study. 

21 SEC. 434. PROHIBITION ON AIR TRAFFIC CONTROL PRIVAT22 IZATION. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 may not authorize the transfer of the air traffic separation 

25 and control functions operated by the Federal Aviation Ad-
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1 ministration on the date of enactment of this Act to a pri2 vate entity or to a public entity other than the United 

3 States Government. 

4 (b) CONTRACT TOWER PROGRAM.—Subsection (a) 

5 shall not apply to the contract tower program authorized 

6 by section 47124 of title 49, United States Code. 

7 SEC. 435. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

8 (a) FINDINGS.—Congress finds that—

9 (1) the Armed Forces is comprised of approxi10 mately 1,400,000 members who are stationed on ac11 tive duty at more than 6,000 military bases in 146 

12 different countries; 

13 (2) the United States is indebted to the members 

14 of the Armed Forces, many of whom are in grave 

15 danger due to their engagement in, or exposure to, 

16 combat; 

17 (3) military service, especially in the current 

18 war against terrorism, often requires members of the 

19 Armed Forces to be separated from their families on 

20 short notice, for long periods of time, and under very 

21 stressful conditions; 

22 (4) the unique demands of military service often 

23 preclude members of the Armed Forces from pur24 chasing discounted advance airline tickets in order to 

25 visit their loved ones at home; and 
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1 (5) it is the patriotic duty of the people of the 

2 United States to support the members of the Armed 

3 Forces who are defending the Nation’s interests 

4 around the world at great personal sacrifice. 

5 (b) SENSE OF CONGRESS.—It is the sense of Congress 

6 that each United States air carrier should—

7 (1) establish for all members of the Armed Forces 

8 on active duty reduced air fares that are comparable 

9 to the lowest airfare for ticketed flights; and 

10 (2) offer flexible terms that allow members of the 

11 Armed Forces on active duty to purchase, modify, or 

12 cancel tickets without time restrictions, fees, and pen13 alties.

14 SEC. 436. AIR CARRIERS REQUIRED TO HONOR TICKETS 

15 FOR SUSPENDED AIR SERVICE. 

16 Section 145(c) of the Aviation and Transportation Se17 curity Act (49 U.S.C. 40101 note; 115 stat. 645) is amended 

18 by striking ‘‘more than’’ and all that follows through 

19 ‘‘after’’ and inserting ‘‘more than 36 months after’’. 

20 SEC. 437. INTERNATIONAL AIR SHOW. 

21 (a) STUDY.—The Secretary of Transportation shall 

22 study the feasibility of the United States hosting a world23 class international air show. 

24 (b) REPORT.—Not later than 9 months after the date 

25 of enactment of this Act, the Secretary shall transmit to 
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1 Congress a report on the results of the study conducted 

2 under subsection (a) together with recommendations con3 cerning potential locations at which the air show could be 

4 held. 

5 SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER. 

6 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

7 8331 of title 5, United States Code, is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (27); 

10 (2) by striking the period at the end of para11 graph (28) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(29) ‘air traffic controller’ or ‘controller’ 

14 means—

15 ‘‘(A) a controller within the meaning of sec16 tion 2109(1); and 

17 ‘‘(B) a civilian employee of the Department 

18 of Transportation or the Department of Defense 

19 holding a supervisory, managerial, executive, 

20 technical, semiprofessional, or professional posi21 tion for which experience as a controller (within 

22 the meaning of section 2109(1)) is a pre23 requisite.’’. 

24 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

25 Section 8401 of title 5, United States Code, is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (33); 

3 (2) by striking the period at the end of para4 graph (34) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(35) ‘air traffic controller’ or ‘controller’ 

7 means—

8 ‘‘(A) a controller within the meaning of sec9 tion 2109(1); and 

10 ‘‘(B) a civilian employee of the Department 

11 of Transportation or the Department of Defense 

12 holding a supervisory, managerial, executive, 

13 technical, semiprofessional, or professional posi14 tion for which experience as a controller (within 

15 the meaning of section 2109(1)) is a pre16 requisite.’’. 

17 (c) MANDATORY SEPARATION TREATMENT NOT AF18 FECTED.—

19 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec20 tion 8335(a) of title 5, United States Code, is amend21 ed by adding at the end the following: ‘‘For purposes 

22 of this subsection, the term ‘air traffic controller’ or 

23 ‘controller’ has the meaning given to it under section 

24 8331(29)(A).’’. 
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1 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS2 TEM.—Section 8425(a) of title 5, United States Code, 

3 is amended by adding at the end the following: ‘‘For 

4 purposes of this subsection, the term ‘air traffic con5 troller’ or ‘controller’ has the meaning given to it 

6 under section 8401(35)(A).’’. 

7 (d) EFFECTIVE DATE.—This section and the amend8 ments made by this section—

9 (1) shall take effect on the 60th day after the 

10 date of enactment of this Act; and 

11 (2) shall apply with respect to—

12 (A) any annuity entitlement to which is 

13 based on an individual’s separation from service 

14 occurring on or after that 60th day; and 

15 (B) any service performed by any such in16 dividual before, on, or after that 60th day, sub17 ject to subsection (e). 

18 (e) DEPOSIT REQUIRED FOR CERTAIN PRIOR SERVICE

19 TO BE CREDITABLE AS CONTROLLER SERVICE.—

20 (1) DEPOSIT REQUIREMENT.—For purposes of 

21 determining eligibility for immediate retirement 

22 under section 8412(e) of title 5, United States Code, 

23 the amendment made by subsection (b) shall, with re24 spect to any service described in paragraph (2), be 

25 disregarded unless there is deposited into the Civil 
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1 Service Retirement and Disability Fund, with respect 

2 to such service, in such time, form, and manner as 

3 the Office of Personnel Management by regulation re4 quires, an amount equal to the amount by which—

5 (A) the deductions from pay which would 

6 have been required for such service if the amend7 ments made by this section had been in effect 

8 when such service was performed, exceeds 

9 (B) the unrefunded deductions or deposits 

10 actually made under subchapter II of chapter 84 

11 of such title 5 with respect to such service. 

12 The amount under the preceding sentence shall in13 clude interest, computed under paragraphs (2) and 

14 (3) of section 8334(e) of such title 5. 

15 (2) PRIOR SERVICE DESCRIBED.—This sub16 section applies with respect to any service performed 

17 by an individual, before the 60th day following the 

18 date of enactment of this Act, as an employee de19 scribed in section 8401(35)(B) of such title 5 (as set 

20 forth in subsection (b)). 

21 SEC. 439. JUSTIFICATION FOR AIR DEFENSE IDENTIFICA22 TION ZONE. 

23 (a) IN GENERAL.—If the Administrator of the Federal 

24 Aviation Administration establishes an Air Defense Identi25 fication Zone (in this section referred as an ‘‘ADIZ’’), the 
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1 Administrator shall transmit, not later than 60 days after 

2 the date of establishing the ADIZ, to the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives and the Committee on Commerce, Science, and 

5 Transportation of the Senate a report containing an expla6 nation of the need for the ADIZ. The Administrator also 

7 shall transmit to the Committees updates of the report every 

8 60 days until the ADIZ is rescinded. The reports and up9 dates shall be transmitted in classified form. 

10 (b) EXISTING ADIZ.—If an ADIZ is in effect on the 

11 date of enactment of this Act, the Administrator shall trans12 mit an initial report under subsection (a) not later than 

13 30 days after such date of enactment. 

14 (c) DEFINITION.—In this section, the terms ‘‘Air De15 fense Identification Zone’’ and ‘‘ADIZ’’ each mean a zone 

16 established by the Administrator with respect to airspace 

17 under 18,000 feet in approximately a 15- to 38-mile radius 

18 around Washington, District of Columbia, for which secu19 rity measures are extended beyond the existing 15-mile no20 fly zone around Washington and in which general aviation 

21 aircraft are required to adhere to certain procedures issued 

22 by the Administrator. 

23 SEC. 440. INTERNATIONAL AIR TRANSPORTATION. 

24 It is the sense of Congress that, in an effort to mod25 ernize its regulations, the Department of Transportation 
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1 should formally define ‘‘Fifth Freedom’’ and ‘‘Seventh Free2 dom’’ consistently for both scheduled and charter passenger 

3 and cargo traffic.

4 SEC. 441. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN 

5 SCREENING AND RELATED ACTIVITIES. 

6 The Secretary of Transportation, subject to the avail7 ability of funds (other than amounts in the Aviation Trust 

8 Fund) provided for this purpose, shall reimburse air car9 riers and airports for the following: 

10 (1) All screening and related activities that the 

11 air carriers or airports are still performing or con12 tinuing to be responsible for, including—

13 (A) the screening of catering supplies; 

14 (B) checking documents at security check15 points; 

16 (C) screening of passengers; and 

17 (D) screening of persons with access to air18 craft. 

19 (2) The provision of space and facilities used to 

20 perform screening functions if such space and facili21 ties have been previously used, or were intended to be 

22 used, for revenue-producing purposes.
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1 SEC. 442. GENERAL AVIATION FLIGHTS AT RONALD REAGAN 

2 WASHINGTON NATIONAL AIRPORT. 

3 It is the sense of Congress that Ronald Reagan Wash4 ington National Airport should be open to general aviation 

5 flights as soon as possible.

6 TITLE V—AIRPORT 

7 DEVELOPMENT 

8 SEC. 501. DEFINITIONS. 

9 (a) IN GENERAL.—Section 47102 is amended—

10 (1) by redesignating paragraphs (19) and (20) 

11 as paragraphs (24) and (25), respectively; 

12 (2) by inserting after paragraph (18) the fol13 lowing: 

14 ‘‘(23) ‘small hub airport’ means a commercial 

15 service airport that has at least 0.05 percent but less 

16 than 0.25 percent of the passenger boardings.’’; 

17 (3) in paragraph (10) by striking subparagraphs 

18 (A) and (B) and inserting following: 

19 ‘‘(A) means, unless the context indicates 

20 otherwise, revenue passenger boardings in the 

21 United States in the prior calendar year on an 

22 aircraft in service in air commerce, as the Sec23 retary determines under regulations the Sec24 retary prescribes; and 

25 ‘‘(B) includes passengers who continue on 

26 an aircraft in international flight that stops at 
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1 an airport in the 48 contiguous States, Alaska, 

2 or Hawaii for a nontraffic purpose.’’; 

3 (4) by redesignating paragraphs (10) through 

4 (18) as paragraphs (14) through (22), respectively; 

5 (5) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) ‘large hub airport’ means a commercial 

8 service airport that has at least 1.0 percent of the 

9 passenger boardings. 

10 ‘‘(12) ‘medium hub airport’ means a commercial 

11 service airport that has at least 0.25 percent but less 

12 than 1.0 percent of the passenger boardings. 

13 ‘‘(13) ‘nonhub airport’ means a commercial serv14 ice airport that has less than 0.05 percent of the pas15 senger boardings.’’; and 

16 (6) by striking paragraph (6) and inserting the 

17 following: 

18 ‘‘(6) ‘amount made available under section 

19 48103’ or ‘amount newly made available’ means the 

20 amount authorized for grants under section 48103 as 

21 that amount may be limited in that year by a subse22 quent law, but as determined without regard to grant 

23 obligation recoveries made in that year or amounts 

24 covered by section 47107(f).’’. 
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1 (b) CONFORMING AMENDMENT.—Section 47116(b)(1) 

2 is amended by striking ‘‘(as defined in section 41731 of this 

3 title)’’. 

4 SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYS5 TEMS. 

6 Section 47102(3)(B)(x) is amended by striking the pe7 riod at the end and inserting the following: ‘‘; except that 

8 such activities shall be eligible for funding under this sub9 chapter only using amounts apportioned under section 

10 47114.’’. 

11 SEC. 503. SECURITY COSTS AT SMALL AIRPORTS. 

12 (a) SECURITY COSTS.—Section 47102(3)(J) is amend13 ed to read as follows: 

14 ‘‘(J) in the case of a nonhub airport or an 

15 airport that is not a primary airport in fiscal 

16 year 2004, direct costs associated with new, ad17 ditional, or revised security requirements im18 posed on airport operators by law, regulation, or 

19 order on or after September 11, 2001, if the Gov20 ernment’s share is paid only from amounts ap21 portioned to a sponsor under section 47114(c) or 

22 47114(d)(3)(A).’’. 

23 (b) CONFORMING AMENDMENT.—Section 47110(b)(2) 

24 is amended—
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1 (1) in subparagraph (D) by striking ‘‘, 

2 47102(3)(K), or 47102(3)(L)’’; and 

3 (2) by aligning the margin of subparagraph (D) 

4 with the margin of subparagraph (B). 

5 SEC. 504. WITHHOLDING OF PROGRAM APPLICATION AP6 PROVAL. 

7 Section 47106(d) is amended—

8 (1) in paragraph (1) by striking ‘‘section 

9 47114(c) and (e) of this title’’ and inserting ‘‘sub10 sections (c), (d), and (e) of section 47114’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(4) If the Secretary withholds a grant to an airport 

13 from the discretionary fund under section 47115 or from 

14 the small airport fund under section 47116 on the grounds 

15 that the sponsor has violated an assurance or requirement 

16 of this subchapter, the Secretary shall follow the procedures 

17 of this subsection.’’.

18 SEC. 505. RUNWAY SAFETY AREAS. 

19 Section 47106 is amended by adding at the end the 

20 following: 

21 ‘‘(h) RUNWAY SAFETY AREAS.—The Secretary may 

22 approve an application under this chapter for a project 

23 grant to construct, reconstruct, repair, or improve a run24 way only if the Secretary receives written assurances, satis25 factory to the Secretary, that the sponsor will undertake, 
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1 to the maximum extent practical, improvement of the run2 way’s safety area to meet the standards of the Federal Avia3 tion Administration.’’.

4 SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE 

5 COMPATIBILITY PURPOSES. 

6 Section 47107(c) is amended by adding at the end the 

7 following: 

8 ‘‘(4) Notwithstanding paragraph (2)(A)(iii), an air9 port owner or operator may retain all or any portion of 

10 the proceeds from a land disposition described in that para11 graph if the Secretary finds that the use of the land will 

12 be compatible with airport purposes and the proceeds re13 tained will be used for airport development or to carry out 

14 a noise compatibility program under section 47504(c).’’. 

15 SEC. 507. GRANT ASSURANCES. 

16 (a) HANGAR CONSTRUCTION.—Section 47107(a) is 

17 amended—

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (19); 

20 (2) by striking the period at the end of para21 graph (20) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(21) if the airport owner or operator and a per24 son who owns an aircraft agree that a hangar is to 

25 be constructed at the airport for the aircraft at the
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1 aircraft owner’s expense, the airport owner or oper2 ator will grant to the aircraft owner for the hangar 

3 a long-term lease (of not less than 50 years) that is 

4 subject to such terms and conditions on the hangar 

5 as the airport owner or operator may impose.’’. 

6 (b) STATUTE OF LIMITATIONS..—Section 

7 47107(l)(5)(A) is amended by inserting ‘‘or any other gov8 ernmental entity’’ after ‘‘sponsor’’. 

9 (c) AUDIT CERTIFICATION.—Section 47107(m) is 

10 amended—

11 (1) in paragraph (1) by striking ‘‘promulgate 

12 regulations that’’ and inserting ‘‘include a provision 

13 in the compliance supplement provisions to’’; 

14 (2) in paragraph (1) by striking ‘‘and opinion 

15 of the review’’; and 

16 (3) by striking paragraph (3). 

17 SEC. 508. ALLOWABLE PROJECT COSTS. 

18 (a) CONSTRUCTION OR MODIFICATION OF PUBLIC

19 PARKING FACILITIES FOR SECURITY PURPOSES.—Section 

20 47110 is amended—

21 (1) in subsection (f) by striking ‘‘subsection (d)’’ 

22 and inserting ‘‘subsections (d) and (h)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(h) CONSTRUCTION OR MODIFICATION OF PUBLIC

25 PARKING FACILITIES FOR SECURITY PURPOSES.—Notwith-
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1 standing subsection (f)(1), a cost of constructing or modi2 fying a public parking facility for passenger automobiles 

3 to comply with a regulation or directive of the Department 

4 of Homeland Security shall be treated as an allowable air5 port development project cost.’’. 

6 (b) DEBT FINANCING.—Section 47110 is further 

7 amended by adding at the end the following: 

8 ‘‘(i) DEBT FINANCING.—In the case of an airport that 

9 is not a medium hub airport or large hub airport, the Sec10 retary may determine that allowable airport development 

11 project costs include payments of interest, commercial bond 

12 insurance, and other credit enhancement costs associated 

13 with a bond issue to finance the project.’’. 

14 (c) CLARIFICATION OF ALLOWABLE COSTS..—Section 

15 47110(b)(1) is amended by inserting before the semicolon 

16 at the end ‘‘and any cost of moving a Federal facility im17 peding the project if the rebuilt facility is of an equivalent 

18 size and type’’. 

19 (d) TECHNICAL AMENDMENTS.—Section 47110(e) is 

20 amended by aligning the margin of paragraph (6) with the 

21 margin of paragraph (5). 

22 SEC. 509. APPORTIONMENTS TO PRIMARY AIRPORTS. 

23 (a) FORMULA CHANGES.—Section 47114(c)(1)(A) is 

24 amended by striking clauses (iv) and (v) and by inserting 

25 the following: 
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1 ‘‘(iv) $.65 for each of the next 500,000 

2 passenger boardings at the airport during 

3 the prior calendar year; 

4 ‘‘(v) $.50 cents for each of the next 

5 2,500,000 passenger boardings at the air6 port during the prior calendar year; and 

7 ‘‘(vi) $.45 cents for each additional 

8 passenger boarding at the airport during 

9 the prior calendar year.’’. 

10 (b) SPECIAL RULE FOR FISCAL YEARS 2004 AND

11 2005.—Section 47114(c)(1) is amended by adding at the 

12 end the following: 

13 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2004

14 AND 2005.—Notwithstanding subparagraph (A) 

15 and the absence of scheduled passenger aircraft 

16 service at an airport, the Secretary may appor17 tion in fiscal years 2004 and 2005 to the sponsor 

18 of the airport an amount equal to the amount 

19 apportioned to that sponsor in fiscal year 2002 

20 or 2003, whichever amount is greater, if the Sec21 retary finds that—

22 ‘‘(i) the passenger boardings at the air23 port were below 10,000 in calendar year 

24 2002; 
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1 ‘‘(ii) the airport had at least 10,000 

2 passenger boardings and scheduled pas3 senger aircraft service in either calendar 

4 year 2000 or 2001; and 

5 ‘‘(iii) the reason that passenger 

6 boardings described in clause (i) were below 

7 10,000 was the decrease in passengers fol8 lowing the terrorist attacks of September 11, 

9 2001.’’. 

10 SEC. 510. CARGO AIRPORTS. 

11 Section 47114(c)(2) is amended—

12 (1) in the paragraph heading by striking 

13 ‘‘ONLY’’; and 

14 (2) in subparagraph (A) by striking ‘‘3 percent’’ 

15 and inserting ‘‘3.5 percent’’. 

16 SEC. 511. CONSIDERATIONS IN MAKING DISCRETIONARY 

17 GRANTS. 

18 Section 47115(d) is amended to read as follows: 

19 ‘‘(d) CONSIDERATIONS.—

20 ‘‘(1) FOR CAPACITY ENHANCEMENT PROJECTS.—

21 In selecting a project for a grant to preserve and im22 prove capacity funded in whole or in part from the 

23 fund, the Secretary shall consider—

24 ‘‘(A) the effect that the project will have on 

25 overall national transportation system capacity; 
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1 ‘‘(B) the benefit and cost of the project, in2 cluding, in the case of a project at a reliever air3 port, the number of operations projected to be di4 verted from a primary airport to the reliever 

5 airport as a result of the project, as well as the 

6 cost savings projected to be realized by users of 

7 the local airport system; 

8 ‘‘(C) the financial commitment from non9 United States Government sources to preserve or 

10 improve airport capacity; 

11 ‘‘(D) the airport improvement priorities of 

12 the States to the extent such priorities are not in 

13 conflict with subparagraphs (A) and (B); and 

14 ‘‘(E) the projected growth in the number of 

15 passengers or aircraft that will be using the air16 port at which the project will be carried out. 

17 ‘‘(2) FOR ALL PROJECTS.—In selecting a project 

18 for a grant described in paragraph (1), the Secretary 

19 shall consider whether—

20 ‘‘(A) funding has been provided for all other 

21 projects qualifying for funding during the fiscal 

22 year under this chapter that have attained a 

23 higher score under the numerical priority system 

24 employed by the Secretary in administering the 

25 fund; and
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1 ‘‘(B) the sponsor will be able to commence 

2 the work identified in the project application in 

3 the fiscal year in which the grant is made or 

4 within 6 months after the grant is made, which5 ever is later.’’. 

6 SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT 

7 APPORTIONMENTS. 

8 (a) IN GENERAL.—Section 47117(c) is amended to 

9 read as follows: 

10 ‘‘(c) USE OF SPONSOR’S APPORTIONED AMOUNTS AT

11 PUBLIC USE AIRPORTS.—

12 ‘‘(1) OF SPONSOR.—An amount apportioned to a 

13 sponsor of an airport under section 47114(c) or 

14 47114(d)(3)(A) is available for grants for any public15 use airport of the sponsor included in the national 

16 plan of integrated airport systems. 

17 ‘‘(2) IN SAME STATE OR AREA.—A sponsor of an 

18 airport may make an agreement with the Secretary 

19 of Transportation waiving the sponsor’s claim to any 

20 part of the amount apportioned for the airport under 

21 section 47114(c) or 47114(d)(3)(A) if the Secretary 

22 agrees to make the waived amount available for a 

23 grant for another public-use airport in the same State 

24 or geographical area as the airport, as determined by 

25 the Secretary.’’. 
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1 (b) PROJECT GRANT AGREEMENTS.—Section 47108(a) 

2 is amended by inserting ‘‘or 47114(d)(3)(A)’’ after ‘‘under 

3 section 47114(c)’’. 

4 (c) ALLOWABLE PROJECT COSTS.—Section 47110 is 

5 further amended—

6 (1) in subsection (b)(2)(C) by striking ‘‘of this 

7 title’’ and inserting ‘‘or section 47114(d)(3)(A)’’; 

8 (2) in subsection (g)—

9 (A) by inserting ‘‘or section 

10 47114(d)(3)(A)’’ after ‘‘of section 47114(c)’’; and 

11 (B) by striking ‘‘of project’’ and inserting 

12 ‘‘of the project’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(j) NONPRIMARY AIRPORTS.—The Secretary may de15 cide that the costs of revenue producing aeronautical sup16 port facilities, including fuel farms and hangars, are allow17 able for an airport development project at a nonprimary 

18 airport if the Government’s share of such costs is paid only 

19 with funds apportioned to the airport sponsor under section 

20 47114(d)(3)(A) and if the Secretary determines that the 

21 sponsor has made adequate provision for financing airside 

22 needs of the airport.’’. 

23 (d) TERMINAL DEVELOPMENT COSTS.—Section 

24 47119(b) is amended—

25 (1) by striking ‘‘or’’ at the end of paragraph (3); 
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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(5) to a sponsor of a nonprimary airport, any 

5 part of amounts apportioned to the sponsor for the 

6 fiscal year under section 47114(d)(3)(A) for project 

7 costs allowable under section 47110(d).’’. 

8 SEC. 513. USE OF APPORTIONED AMOUNTS. 

9 (a) SPECIAL APPORTIONMENT CATEGORIES.—Section 

10 47117(e)(1)(A) is amended—

11 (1) by striking ‘‘of this title’’ the first place it 

12 appears and inserting a comma; and 

13 (2) by striking ‘‘of this title’’ the second place it 

14 appears and inserting ‘‘, for noise mitigation projects 

15 approved in an environmental record of decision for 

16 an airport development project under this title, for 

17 compatible land use planning and projects carried 

18 out by State and local governments under section 

19 47140, and for airport development described in sec20 tion 47102(3)(F) or 47102(3)(K) to comply with the 

21 Clean Air Act (42 U.S.C. 7401 et seq.)’’. 

22 (b) ELIMINATION OF SUPER RELIEVER SET-ASIDE.—

23 Section 47117(e)(1)(C) is repealed. 

24 (c) RECOVERED FUNDS.—Section 47117 is further 

25 amended by adding at the end the following: 
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1 ‘‘(h) TREATMENT OF CANCELED OR REDUCED GRANT

2 OBLIGATIONS.—For the purpose of determining compliance 

3 with a limitation, enacted in an appropriations Act, on 

4 the amount of grant obligations of funds made available 

5 by section 48103 that may be incurred in a fiscal year, 

6 an amount that is recovered by canceling or reducing a 

7 grant obligation of funds made available by section 48103 

8 shall be treated as a negative obligation that is to be netted 

9 against the obligation limitation as enacted and thus may 

10 permit the obligation limitation to be exceeded by an equal 

11 amount.’’. 

12 SEC. 514. MILITARY AIRPORT PROGRAM. 

13 Subsections (e) and (f) of section 47118 are each 

14 amended by striking ‘‘$7,000,000’’ and inserting 

15 ‘‘$10,000,000’’.

16 SEC. 515. TERMINAL DEVELOPMENT COSTS.

17 Section 47119(a) is amended to read as follows: 

18 ‘‘(a) REPAYING BORROWED MONEY.—

19 ‘‘(1) TERMINAL DEVELOPMENT COSTS INCURRED

20 AFTER JUNE 30, 1970, AND BEFORE JULY 12, 1976.—

21 An amount apportioned under section 47114 and 

22 made available to the sponsor of a commercial service 

23 airport at which terminal development was carried 

24 out after June 30, 1970, and before July 12, 1976, is 

25 available to repay immediately money borrowed and 
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1 used to pay the costs for such terminal development 

2 if those costs would be allowable project costs under 

3 section 47110(d) if they had been incurred after Sep4 tember 3, 1982. 

5 ‘‘(2) TERMINAL DEVELOPMENT COSTS INCURRED

6 BETWEEN JANUARY 1, 1992, AND OCTOBER 31, 

7 1992.—An amount apportioned under section 47114 

8 and made available to the sponsor of a nonhub air9 port at which terminal development was carried out 

10 between January 1, 1992, and October 31, 1992, is 

11 available to repay immediately money borrowed and 

12 to pay the costs for such terminal development if those 

13 costs would be allowable project costs under section 

14 47110(d). 

15 ‘‘(3) TERMINAL DEVELOPMENT COSTS AT PRI16 MARY AIRPORTS.—An amount apportioned under sec17 tion 47114 or available under subsection (b)(3) to a 

18 primary airport—

19 ‘‘(A) that was a nonhub airport in the most 

20 recent year used to calculate apportionments 

21 under section 47114; 

22 ‘‘(B) that is a designated airport under sec23 tion 47118 in fiscal year 2003; and
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1 ‘‘(C) at which terminal development is car2 ried out between January 2003 and August 

3 2004, 

4 is available to repay immediately money borrowed 

5 and used to pay the costs for such terminal develop6 ment if those costs would be allowable project costs 

7 under section 47110(d). 

8 ‘‘(4) CONDITIONS FOR GRANT.—An amount is 

9 available for a grant under this subsection only if—

10 ‘‘(A) the sponsor submits the certification 

11 required under section 47110(d); 

12 ‘‘(B) the Secretary of Transportation de13 cides that using the amount to repay the bor14 rowed money will not defer an airport develop15 ment project outside the terminal area at that 

16 airport; and 

17 ‘‘(C) amounts available for airport develop18 ment under this subchapter will not be used for 

19 additional terminal development projects at the 

20 airport for at least 3 years beginning on the date 

21 the grant is used to repay the borrowed money. 

22 ‘‘(5) APPLICABILITY OF CERTAIN LIMITATIONS.—

23 A grant under this subsection shall be subject to the 

24 limitations in subsection (b)(1) and (2).’’. 
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1 SEC. 516. CONTRACT TOWERS. 

2 Section 47124(b) is amended—

3 (1) in paragraph (1) by striking ‘‘on December 

4 30, 1987,’’ and inserting ‘‘on date of enactment of the 

5 Flight 100—Century of Aviation Reauthorization 

6 Act’’; 

7 (2) in the heading for paragraph (3) by striking 

8 ‘‘PILOT’’; 

9 (3) in paragraph (4)(C) by striking 

10 ‘‘$1,100,000’’ and inserting ‘‘$1,500,000’’; and 

11 (4) by striking ‘‘pilot’’ each place it appears. 

12 SEC. 517. AIRPORT SAFETY DATA COLLECTION. 

13 Section 47130 is amended to read as follows: 

14 ‘‘§ 47130. Airport safety data collection 

15 ‘‘Notwithstanding any other provision of law, the Ad16 ministrator of the Federal Aviation Administration may 

17 award a contract, using sole source or limited source au18 thority, or enter into a cooperative agreement with, or pro19 vide a grant from amounts made available under section 

20 48103 to, a private company or entity for the collection of 

21 airport safety data. In the event that a grant is provided 

22 under this section, the United States Government’s share 

23 of the cost of the data collection shall be 100 percent.’’. 

24 SEC. 518. AIRPORT PRIVATIZATION PILOT PROGRAM. 

25 (a) IN GENERAL.—Section 47134(b)(1) is amended—
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1 (1) in subparagraph (A) by striking clauses (i) 

2 and (ii) and inserting the following: 

3 ‘‘(i) in the case of a primary airport, 

4 by at least 65 percent of the scheduled air 

5 carriers serving the airport and by sched6 uled and nonscheduled air carriers whose 

7 aircraft landing at the airport during the 

8 preceding calendar year, had a total landed 

9 weight during the preceding calendar year 

10 of at least 65 percent of the total landed 

11 weight of all aircraft landing at the airport 

12 during such year; or 

13 ‘‘(ii) by the Secretary at any nonpri14 mary airport after the airport has consulted 

15 with at least 65 percent of the owners of 

16 aircraft based at that airport, as deter17 mined by the Secretary.’’; 

18 (2) by redesignating subparagraph (B) as sub19 paragraph (C); and 

20 (3) by inserting after subparagraph (A) the fol21 lowing: 

22 ‘‘(B) OBJECTION TO EXEMPTION.—An air 

23 carrier shall be deemed to have approved a spon24 sor’s application for an exemption under sub25 paragraph (A) unless the air carrier has sub-
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1 mitted an objection, in writing, to the sponsor 

2 within 60 days of the filing of the sponsor’s ap3 plication with the Secretary, or within 60 days 

4 of the service of the application upon that air 

5 carrier, whichever is later.’’. 

6 (b) FEDERAL SHARE.—Section 47109(a) is amend7 ed—

8 (1) by inserting ‘‘and’’ at the end of paragraph 

9 (3); 

10 (2) by striking paragraph (4); and 

11 (3) by redesignating paragraph (5) as para12 graph (4). 

13 SEC. 519. INNOVATIVE FINANCING TECHNIQUES. 

14 (a) ELIGIBLE PROJECTS.—Section 47135(a) is 

15 amended—

16 (1) in the first sentence by inserting after ‘‘ap17 prove’’ the following: ‘‘after the date of enactment of 

18 the Flight 100—Century of Aviation Reauthorization 

19 Act’’; 

20 (2) in the first sentence by striking ‘‘20’’ and in21 serting ‘‘10’’; and 

22 (3) by striking the second sentence and inserting 

23 the following: ‘‘Such projects shall be located at air24 ports that are not medium or large hub airports.’’. 
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1 (b) INNOVATIVE FINANCING TECHNIQUES.—Section 

2 47135(c)(2) is amended—

3 (1) by striking subparagraphs (A) and (B); and 

4 (2) by redesignating subparagraphs (C) and (D) 

5 as subparagraphs (A) and (B), respectively. 

6 (c) SAVINGS CLAUSE.—The amendments made by this 

7 section shall not affect applications approved under section 

8 47135 of title 49, United States Code, before the date of 

9 enactment of this Act. 

10 SEC. 520. AIRPORT SECURITY PROGRAM. 

11 Section 47137 is amended—

12 (1) by redesignating subsections (e) and (f) as 

13 subsections (f) and (g), respectively; and 

14 (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) ADMINISTRATION.—The Secretary, in cooperation 

17 with the Secretary of Homeland Security, shall administer 

18 the program authorized by this section.’’. 

19 SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND INFRA20 STRUCTURE. 

21 (a) EMISSIONS CREDITS.—Subchapter I of chapter 

22 471 is amended by adding at the end the following: 

23 ‘‘§ 47138. Emission credits for air quality projects 

24 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

25 and the Administrator of the Environmental Protection
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1 Agency shall jointly agree on how to assure that airport 

2 sponsors receive appropriate emission credits for carrying 

3 out projects described in sections 40117(a)(3)(G), 

4 47102(3)(K), and 47102(3)(L). Such agreement must in5 clude, at a minimum, the following conditions: 

6 ‘‘(1) The provision of credits is consistent with 

7 the Clean Air Act (42 U.S.C. 7402 et seq.). 

8 ‘‘(2) Credits generated by the emissions reduc9 tions are kept by the airport sponsor and may only 

10 be used for purposes of any current or future general 

11 conformity determination under the Clean Air Act or 

12 as offsets under the Environmental Protection Agen13 cy’s new source review program for projects on the 

14 airport or associated with the airport. 

15 ‘‘(3) Credits are calculated and provided to air16 ports on a consistent basis nationwide. 

17 ‘‘(4) Credits are provided to airport sponsors in 

18 a timely manner. 

19 ‘‘(5) The establishment of a method to assure the 

20 Secretary that, for any specific airport project for 

21 which funding is being requested, the appropriate 

22 credits will be granted. 

23 ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.—

24 ‘‘(1) IN GENERAL.—As a condition for making a 

25 grant for a project described in section 47102(3)(K), 
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1 47102(3)(L), or 47139 or as a condition for granting 

2 approval to collect or use a passenger facility fee for 

3 a project described in section 40117(a)(3)(G), 

4 47102(3)(K), 47102(3)(L), or 47139, the Secretary 

5 must receive assurance from the State in which the 

6 project is located, or from the Administrator of the 

7 Environmental Protection Agency where there is a 

8 Federal implementation plan, that the airport spon9 sor will receive appropriate emission credits in ac10 cordance with the conditions of this section. 

11 ‘‘(2) AGREEMENT ON PREVIOUSLY APPROVED

12 PROJECTS.—The Secretary and the Administrator of 

13 the Environmental Protection Agency shall jointly 

14 agree on how to provide emission credits to airport 

15 projects previously approved under section 47136 

16 under terms consistent with the conditions enumer17 ated in this section.’’. 

18 (b) AIRPORT GROUND SUPPORT EQUIPMENT EMIS19 SIONS RETROFIT PILOT PROGRAM.—Subchapter I of chap20 ter 471 is further amended by adding at the end the fol21 lowing: 

22 ‘‘§ 47139. Airport ground support equipment emissions 

23 retrofit pilot program 

24 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

25 shall carry out a pilot program at not more than 10 com-
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1 mercial service airports under which the sponsors of such 

2 airports may use an amount made available under section 

3 48103 to retrofit existing eligible airport ground support 

4 equipment that burns conventional fuels to achieve lower 

5 emissions utilizing emission control technologies certified or 

6 verified by the Environmental Protection Agency. 

7 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT OR

8 MAINTENANCE AREAS.—A commercial service airport shall 

9 be eligible for participation in the pilot program only if 

10 the airport is located in an air quality nonattainment area 

11 (as defined in section 171(2) of the Clean Air Act (42 

12 U.S.C. 7501(2)) or a maintenance area referred to in sec13 tion 175A of such Act (42 U.S.C. 7505a). 

14 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

15 applicants for participation in the pilot program, the Sec16 retary shall give priority consideration to applicants that 

17 will achieve the greatest air quality benefits measured by 

18 the amount of emissions reduced per dollar of funds ex19 pended under the pilot program. 

20 ‘‘(d) MAXIMUM AMOUNT.—Not more than $500,000 

21 may be expended under the pilot program at any single 

22 commercial service airport. 

23 ‘‘(e) GUIDELINES.—The Secretary, in consultation 

24 with the Administrator of the Environmental Protection 

25 Agency, shall establish guidelines regarding the types of ret-
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1 rofit projects eligible under the pilot program by consid2 ering remaining equipment useful life, amounts of emission 

3 reduction in relation to the cost of projects, and other fac4 tors necessary to carry out this section. The Secretary may 

5 give priority to ground support equipment owned by the 

6 airport and used for airport purposes. 

7 ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—In this section, 

8 the term ‘eligible equipment’ means ground service or main9 tenance equipment that is located at the airport, is used 

10 to support aeronautical and related activities at the air11 port, and will remain in operation at the airport for the 

12 life or useful life of the equipment, whichever is earlier.’’. 

13 (c) ADDITION TO AIRPORT DEVELOPMENT.—Section 

14 47102(3) is further amended by striking subparagraphs (K) 

15 and (L) and inserting the following: 

16 ‘‘(K) work necessary to construct or modify 

17 airport facilities to provide low-emission fuel 

18 systems, gate electrification, and other related 

19 air quality improvements at a commercial serv20 ice airport if the airport is located in an air 

21 quality nonattainment or maintenance area (as 

22 defined in sections 171(2) and 175A of the Clean 

23 Air Act (42 U.S.C. 7501(2), 7505a) and if such 

24 project will result in an airport receiving appro-
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1 priate emission credits, as described in section 

2 47138. 

3 ‘‘(L) converting vehicles and ground sup4 port equipment owned by a commercial service 

5 airport to low-emission technology or acquiring 

6 for use at a commercial service airport vehicles 

7 and ground support equipment that include low8 emission technology if the airport is located in 

9 an air quality nonattainment area (as defined 

10 in section 171(2) of the Clean Air Act (42 U.S.C. 

11 7501(2)) or a maintenance area referred to in 

12 section 175A of such Act (42 U.S.C. 7505a) and 

13 if such project will result in an airport receiving 

14 appropriate emission credits as described in sec15 tion 47138.’’. 

16 (d) ALLOWABLE PROJECT COST.—Section 47110(b) is 

17 further amended—

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (4); 

20 (2) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(6) in the case of a project for acquiring for use 

24 at a commercial service airport vehicles and ground 

25 support equipment owned by an airport that is not
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1 described in section 47102(3) and that include low2 emission technology, if the total costs allowed for the 

3 project are not more than the incremental cost of 

4 equipping such vehicles or equipment with low-emis5 sion technology, as determined by the Secretary.’’. 

6 (e) LOW-EMISSION TECHNOLOGY EQUIPMENT.—Sec7 tion 47102 (as amended by section 501 of this Act) is fur8 ther amended by inserting after paragraph (10) the fol9 lowing: 

10 ‘‘(11) ‘low-emission technology’ means technology 

11 for vehicles and equipment whose emission perform12 ance is the best achievable under emission standards 

13 established by the Environmental Protection Agency 

14 and that relies exclusively on alternative fuels that 

15 are substantially non-petroleum based, as defined by 

16 the Department of Energy, but not excluding hybrid 

17 systems or natural gas powered vehicles.’’. 

18 (f) CONFORMING AMENDMENTS.—The analysis of sub19 chapter I of chapter 471 is amended by adding at the end 

20 the following:

‘‘47138. Emission credits for air quality projects. 

‘‘47139. Airport ground support equipment emissions retrofit pilot program.’’.
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1 SEC. 522. COMPATIBLE LAND USE PLANNING AND 

2 PROJECTS BY STATE AND LOCAL GOVERN3 MENTS. 

4 (a) IN GENERAL.—Subchapter I of chapter 471 is fur5 ther amended by adding at the end the following: 

6 ‘‘§ 47140. Compatible land use planning and projects 

7 by State and local governments 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 may make grants from amounts set aside under section 

10 47117(e)(1)(A) to States and units of local government for 

11 land use compatibility plans or projects resulting from 

12 those plans for the purposes of making the use of land areas 

13 around large hub airports and medium hub airports com14 patible with aircraft operations if—

15 ‘‘(1) the airport operator has not submitted a 

16 noise compatibility program to the Secretary under 

17 section 47504 or has not updated such program with18 in the past 10 years; and 

19 ‘‘(2) the land use plan meets the requirements of 

20 this section and any project resulting from the plan 

21 meets such requirements. 

22 ‘‘(b) ELIGIBILITY.—In order to receive a grant under 

23 this section, a State or unit of local government must—

24 ‘‘(1) have the authority to plan and adopt land 

25 use control measures, including zoning, in the plan-
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1 ning area in and around a large or medium hub air2 port; 

3 ‘‘(2) provide written assurance to the Secretary 

4 that it will work with the affected airport to identify 

5 and adopt such measures; and 

6 ‘‘(3) provide written assurance to the Secretary 

7 that it will achieve, to the maximum extent possible, 

8 compatible land uses consistent with Federal land use 

9 compatibility criteria under section 47502(3) and 

10 that those compatible land uses will be maintained. 

11 ‘‘(c) ASSURANCES.—The Secretary shall require a 

12 State or unit of local government to which a grant may 

13 be awarded under this section for a land use plan or a 

14 project resulting from such a plan to provide—

15 ‘‘(1) assurances satisfactory to the Secretary that 

16 the plan—

17 ‘‘(A) is reasonably consistent with the goal 

18 of reducing existing noncompatible land uses and 

19 preventing the introduction of additional non20 compatible land uses; 

21 ‘‘(B) addresses ways to achieve and main22 tain compatible land uses, including zoning, 

23 building codes, and any other projects under sec24 tion 47504(a)(2) that are within the authority of 
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1 the State or unit of local government to imple2 ment; 

3 ‘‘(C) uses noise contours provided by the 

4 airport operator that are consistent with the air5 port operation and planning, including any 

6 noise abatement measures adopted by the airport 

7 operator as part of its own noise mitigation ef8 forts; 

9 ‘‘(D) does not duplicate, and is not incon10 sistent with, the airport operator’s noise compat11 ibility measures for the same area; and 

12 ‘‘(E) has received concurrence by the airport 

13 operator prior to adoption by the State or unit 

14 of local government; and 

15 ‘‘(2) such other assurances as the Secretary de16 termines to be necessary to carry out this section. 

17 ‘‘(d) GUIDELINES.—The Secretary shall establish 

18 guidelines to administer this section in accordance with the 

19 purposes and conditions described in this section. The Sec20 retary may require the State or unit of local government 

21 to which a grant may be awarded under this section to pro22 vide progress reports and other information as the Sec23 retary determines to be necessary to carry out this section. 

24 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may ap25 prove a grant under this section to a State or unit of local
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1 government for a land use compatibility project only if the 

2 Secretary is satisfied that the project is consistent with the 

3 guidelines established by the Secretary under this section, 

4 that the State or unit of local government has provided the 

5 assurances required by this section, that the Secretary has 

6 received evidence that the State or unit of local government 

7 has implemented (or has made provision to implement) 

8 those elements of the plan that are not eligible for Federal 

9 financial assistance, and that the project is not inconsistent 

10 with Federal standards. 

11 ‘‘(f) SUNSET.—This section shall not be in effect after 

12 September 30, 2007.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis of sub14 chapter I of chapter 471 is further amended by adding at 

15 the end the following:

‘‘47140. Compatible land use planning and projects by State and local governments.’’.

16 SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TO PRO17 VIDE RENT-FREE SPACE FOR FEDERAL AVIA18 TION ADMINISTRATION. 

19 (a) IN GENERAL.—Subchapter I of chapter 471 is fur20 ther amended by adding at the end the following: 

21 ‘‘§ 47141. Prohibition on rent-free space requirements 

22 for Federal Aviation Administration 

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 may not require an airport sponsor to provide to the Fed-
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1 eral Aviation Administration, without compensation, space 

2 in a building owned by the sponsor and costs associated 

3 with such space for building construction, maintenance, 

4 utilities, and other expenses. 

5 ‘‘(b) NEGOTIATED AGREEMENTS.—Subsection (a) does 

6 not prohibit—

7 ‘‘(1) the negotiation of agreements between the 

8 Secretary and an airport sponsor to provide building 

9 construction, maintenance, utilities and expenses, or 

10 space in airport sponsor-owned buildings to the Fed11 eral Aviation Administration without cost or at 

12 below-market rates; or 

13 ‘‘(2) the Secretary of Transportation from re14 quiring airport sponsors to provide land without cost 

15 to the Federal Aviation Administration for air traffic 

16 control facilities.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for sub18 chapter I of chapter 471 is further amended by adding at 

19 the end the following:

‘‘47141. Prohibition on rent-free space requirements for Federal Aviation Administration.’’.

20 SEC. 524. MIDWAY ISLAND AIRPORT. 

21 (a) FINDINGS.—Congress finds that the continued op22 eration of the Midway Island Airport in accordance with 

23 the standards of the Federal Aviation Administration ap24 plicable to commercial airports is critical to the safety of 
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1 commercial, military, and general aviation in the mid-Pa2 cific Ocean region. 

3 (b) MEMORANDUM OF UNDERSTANDING ON SALE OF

4 AIRCRAFT FUEL.—The Secretary of Transportation shall 

5 enter into a memorandum of understanding with the Secre6 taries of Defense, Interior, and Homeland Security to facili7 tate the sale of aircraft fuel on Midway Island at a price 

8 that will generate sufficient revenue to improve the ability 

9 of the airport to operate on a self-sustaining basis in ac10 cordance with the standards of the Federal Aviation Ad11 ministration applicable to commercial airports. The memo12 randum shall also address the long-range potential of pro13 moting tourism as a means to generate revenue to operate 

14 the airport. 

15 (c) TRANSFER OF NAVIGATION AIDS AT MIDWAY IS16 LAND AIRPORT.—The Midway Island Airport may transfer, 

17 without consideration, to the Administrator the navigation 

18 aids at the airport. The Administrator shall accept the 

19 navigation aids and operate and maintain the navigation 

20 aids under criteria of the Administrator. 

21 (d) FUNDING TO THE SECRETARY OF INTERIOR FOR

22 MIDWAY ISLAND AIRPORT.—

23 (1) IN GENERAL.—Chapter 481 is amended by 

24 adding at the end the following: 
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1 ‘‘§ 48114. Funding to the Secretary of Interior for Mid2 way Island Airport 

3 ‘‘The following amounts shall be available (and shall 

4 remain available until expended) to the Secretary of Inte5 rior, out of the Airport and Airway Trust Fund established 

6 under section 9502 of the Internal Revenue Code of 1986 

7 (26 U.S.C. 9502), for airport capital projects at the Midway 

8 Island Airport: 

9 ‘‘(1) $750,000 for fiscal year 2004. 

10 ‘‘(2) $2,500,000 for fiscal year 2005. 

11 ‘‘(3) $1,000,000 for fiscal year 2006. 

12 ‘‘(4) $1,000,000 for fiscal year 2007.’’. 

13 (2) CONFORMING AMENDMENT.—The analysis for 

14 chapter 481 is amended by adding at the end the fol15 lowing:

‘‘48114. Funding to the Secretary of Interior for Midway Island Airport.’’.

Union Calendar No. 72

108TH CONGRESS 

1ST SESSION H. R. 2115

[Report No. 108–143] 

A BILL

To amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for other purposes. 

JUNE 6, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed