I 

108TH CONGRESS 

1ST SESSION H. R. 2115

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 

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 (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. 
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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. 

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. Overflights of national parks. 

Sec. 409. Collaborative decision making pilot program. 

Sec. 410. Availability of aircraft accident site information. 

Sec. 411. Slot exemptions at Ronald Reagan Washington National Airport. 

Sec. 412. Notice concerning aircraft assembly. 

Sec. 413. Small community air service. 

Sec. 414. Protection of employees providing air safety information. 

Sec. 415. Type certificates. 

Sec. 416. Design organization certificates. 

Sec. 417. Counterfeit or fraudulently represented parts violations. 

Sec. 418. Runway safety standards. 

Sec. 419. Availability of maintenance information. 

Sec. 420. Flight attendant certification. 

Sec. 421. Civil penalty for closure of an airport without providing sufficient notice. 

Sec. 422. Amendment of general fee schedule provision. 

Sec. 423. Improvement of curriculum standards for aviation maintenance technicians. 

Sec. 424. Task force on future of air transportation system. 

Sec. 425. Air quality in aircraft cabins. 

Sec. 426. Recommendations concerning travel agents. 
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Sec. 427. Task force on enhanced transfer of applications of technology for 

military aircraft to civilian aircraft. 

Sec. 428. Reimbursement for losses incurred by general aviation entities. 

Sec. 429. Impasse procedures for national association of air traffic specialists. 

Sec. 430. FAA inspector training. 

Sec. 431. Prohibition on air traffic control privatization. 

Sec. 432. Airfares for members of the Armed Forces. 

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. Contract towers. 

Sec. 516. Airport safety data collection. 

Sec. 517. Airport privatization pilot program. 

Sec. 518. Innovative financing techniques. 

Sec. 519. Airport security program. 

Sec. 520. Low-emission airport vehicles and infrastructure. 

Sec. 521. Compatible land use planning and projects by State and local governments. 

Sec. 522. 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 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 49, United States 

7 Code. 
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1 SEC. 3. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

3 the amendments made by this Act shall be effective on 

4 the date of enactment of this Act. 

5 TITLE I—AUTHORIZATIONS 

6 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER7 ATIONS. 

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

9 read as follows: 

10 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) SALARIES, OPERATIONS, AND MAINTE12 NANCE.—There is authorized to be appropriated to 

13 the Secretary of Transportation for salaries, oper14 ations and maintenance of the Administration—

15 ‘‘(A) $7,591,000,000 for fiscal year 2004; 

16 ‘‘(B) $7,732,000,000 for fiscal year 2005; 

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

18 and 

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

20 Such sums shall remain available until expended.’’. 

21 ‘‘(2) OPERATION OF CENTER FOR MANAGE22 MENT AND DEVELOPMENT.—Out of amounts appro23 priated under paragraph (1), such sums as may be 

24 necessary may be expended by the Center for Man25 agement Development of the Federal Aviation Ad26 ministration to operate at least 200 courses each 
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1 year and to support associated student travel for 

2 both residential and field courses. 

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

4 of amounts appropriated under paragraph (1), such 

5 sums as may be necessary may be expended by the 

6 Federal Aviation Administration for the establish7 ment and operation of a new office to develop, in co8 ordination with the Department of Defense, the Na9 tional Aeronautics and Space Administration, and 

10 the Department of Homeland Security, the next gen11 eration air traffic management system and a transi12 tion plan for the implementation of that system. The 

13 office shall be known as the ‘Next Generation Air 

14 Transportation System Joint Program Office’. 

15 ‘‘(4) HELICOPTER AND TILTROTOR PROCE16 DURES.—Out of amounts appropriated under para17 graph (1), such sums as may be necessary may be 

18 expended by the Federal Aviation Administration for 

19 the establishment of helicopter and tiltrotor ap20 proach and departure procedures using advanced 

21 technologies, such as the Global Positioning System 

22 and automatic dependent surveillance, to permit op23 erations in adverse weather conditions to meet the 

24 needs of air ambulance services.
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1 ‘‘(5) ADDITIONAL AIR TRAFFIC CONTROL2 LERS.—Out of amounts appropriated under para3 graph (1), such sums as may be necessary may be 

4 expended to hire additional air traffic controllers in 

5 order to meet increasing air traffic demands and to 

6 address the anticipated increase in the retirement of 

7 experienced air traffic controllers. 

8 ‘‘(6) COMPLETION OF ALASKA AVIATION SAFE9 TY PROJECT.—Out of amounts appropriated under 

10 paragraph (1), $6,000,000 may be expended for the 

11 completion of the Alaska aviation safety project with 

12 respect to the 3 dimensional mapping of Alaska’s 

13 main aviation corridors.’’. 

14 (b) AIRLINE DATA AND ANALYSIS.—There is author15 ized to be appropriated to the Secretary of Transportation, 

16 out of the Airport and Airway Trust Fund established by 

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

18 U.S.C. 9502), $3,971,000 for fiscal year 2004, 

19 $4,045,000 for fiscal year 2005, $4,127,000 for fiscal year 

20 2006, and $4,219,000 for fiscal year 2007 to gather air21 line data and conduct analyses of such data in the Bureau 

22 of Transportation Statistics of the Department of Trans23 portation.

24 (c) HUMAN CAPITAL WORKFORCE STRATEGY.—
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1 (1) DEVELOPMENT.—The Administrator of the 

2 Federal Aviation Administration shall develop a 

3 comprehensive human capital workforce strategy to 

4 determine the most effective method for addressing 

5 the need for more air traffic controllers that is called 

6 for in the June 2002 report of the General Account7 ing Office. 

8 (2) COMPLETION DATE.—The Administrator 

9 shall complete development of the strategy not later 

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

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

12 date on which the strategy is completed, the Admin13 istrator shall transmit to Congress a report describ14 ing the strategy. 

15 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

16 Section 48101 is amended—

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

18 through (5) and inserting the following: 

19 ‘‘(1) $2,938,000,000 for fiscal year 2004; 

20 ‘‘(2) $2,993,000,000 for fiscal year 2005; 

21 ‘‘(3) $3,053,000,000 for fiscal year 2006; and 

22 ‘‘(4) $3,110,000,000 for fiscal year 2007.’’; 

23 (2) by striking subsection (b); 

24 (3) by redesignating (c) as subsection (b); 
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1 (4) by striking subsections (d) and (e) and in2 serting the following: 

3 ‘‘(c) ENHANCED SAFETY AND SECURITY FOR AIR4 CRAFT OPERATIONS IN THE GULF OF MEXICO.—Of 

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

6 may be necessary for fiscal years 2004 through 2007 may 

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

8 security of air traffic control, navigation, low altitude com9 munications and surveillance, and weather services in the 

10 Gulf of Mexico. 

11 ‘‘(d) OPERATIONAL BENEFITS OF WAKE VORTEX

12 ADVISORY SYSTEM.—Of amounts appropriated under sub13 section (a), $20,000,000 for each of fiscal years 2004 

14 through 2007 may be used to document and demonstrate 

15 the operational benefits of a wake vortex advisory system. 

16 ‘‘(e) GROUND-BASED PRECISION NAVIGATIONAL

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

18 $20,000,000 for each of fiscal years 2004 to 2007 may 

19 be used to establish a program for the installation, oper20 ation, and maintenance of a closed-loop precision approach 

21 aid designed to improve aircraft accessibility at moun22 tainous airports with limited land if the approach aid is 

23 able to provide curved and segmented approach guidance 

24 for noise abatement purposes and has been certified or 

25 approved by the Administrator.’’; and 
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1 (6) in subsection (f)—

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

3 after September 30, 2000’’; and 

4 (B) by inserting ‘‘may be used’’ after ‘‘nec5 essary’’. 

6 SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND 

7 NOISE COMPATIBILITY PLANNING AND PRO8 GRAMS. 

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

10 (1) by striking ‘‘September 30, 1998’’ and in11 serting ‘‘September 30, 2003’’; and 

12 (2) by striking subparagraphs (1) through (5) 

13 and inserting: 

14 ‘‘(1) $3,400,000,000 for fiscal year 2004; 

15 ‘‘(2) $3,600,000,000 for fiscal year 2005; 

16 ‘‘(3) $3,800,000,000 for fiscal year 2006; and 

17 ‘‘(4) $4,000,000,000 for fiscal year 2007.’’. 

18 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 

19 is amended by striking ‘‘September 30, 2003’’ and insert20 ing ‘‘September 30, 2007’’. 

21 SEC. 104. ADDITIONAL REAUTHORIZATIONS. 

22 (a) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT

23 PROGRAM.—Section 47124(b)(3)(E) is amended by strik24 ing ‘‘$6,000,000 per fiscal year’’ and inserting 

25 ‘‘$6,500,000 for fiscal year 2004, $7,000,000 for fiscal 
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1 year 2005, $7,500,000 for fiscal year 2006, and 

2 $8,000,000 for fiscal year 2007’’. 

3 (b) SMALL COMMUNITY AIR SERVICE.—Section 

4 41743(e)(2) is amended—

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

6 and inserting a comma; and 

7 (2) by inserting after ‘‘2003’’ the following ‘‘, 

8 and $35,000,000 for each of fiscal years 2004 

9 through 2008’’. 

10 (c) REGIONAL AIR SERVICE INCENTIVE PROGRAM.—

11 Section 41766 is amended by striking ‘‘2003’’ and insert12 ing ‘‘2007’’. 

13 (d) FUNDING FOR AVIATION PROGRAMS.—Section 

14 106 of the Wendell H. Ford Aviation Investment and Re15 form Act for the 21st Century (49 U.S.C. 48101 note) 

16 is amended by striking ‘‘2003’’ each place it appears and 

17 inserting ‘‘2007’’. 

18 (e) DESIGN-BUILD CONTRACTING.—Section 139(e) 

19 of the Wendell H. Ford Aviation Investment and Reform 

20 Act for the 21st Century (49 U.S.C. 47104 note) is 

21 amended by striking ‘‘2003’’ and inserting ‘‘2007’’. 

22 (f) METROPOLITAN WASHINGTON AIRPORTS AU23 THORITY.—Section 49108 is amended by striking ‘‘2004’’ 

24 and inserting ‘‘2007’’. 
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1 SEC. 105. INSURANCE. 

2 (a) TERMINATION.—Section 44310 is amended to 

3 read as follows: 

4 ‘‘§ 44310. Termination date 

5 ‘‘Effective December 31, 2007, the authority of the 

6 Secretary of Transportation to provide insurance and rein7 surance under this chapter shall be limited to—

8 ‘‘(1) the operation of an aircraft by an air car9 rier or foreign air carrier in foreign air commerce or 

10 between at least 2 points, all of which are outside 

11 the United States; and 

12 ‘‘(2) insurance obtained by a department, agen13 cy, or instrumentality of the United States under 

14 section 44305.’’. 

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

16 is amended by striking ‘‘through December 31, 2003,’’ 

17 and inserting ‘‘thereafter’’. 

18 (c) AIRCRAFT MANUFACTURER LIABILITY FOR

19 THIRD PARTY CLAIMS ARISING OUT OF ACTS OF TER20 RORISM.—Section 44303(b) is amended by adding at the 

21 end the following: ‘‘The Secretary may extend the provi22 sions of this subsection to the United States manufacturer 

23 (as defined in section 44310) of the aircraft of the air 

24 carrier involved.’’. 

25 (d) VENDORS, AGENTS, SUBCONTRACTORS, AND

26 MANUFACTURERS.—
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1 (1) IN GENERAL.—Chapter 443 is amended—

2 (A) by redesignating section 44310 (as 

3 amended by subsection (a) of this section) as 

4 section 44311; and 

5 (B) by inserting after section 44309 the 

6 following:

7 ‘‘§ 44310. Vendors, agents, subcontractors, and manu8 facturers 

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

10 may extend the application of any provision of this chapter 

11 to a loss of a vendor, agent, and subcontractor of an air 

12 carrier and a United States manufacturer of an aircraft 

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

14 involved an aircraft of an air carrier. 

15 ‘‘(b) UNITED STATES MANUFACTURER DEFINED.—

16 In this section, the term ‘‘United States manufacturer’’ 

17 means a manufacturer incorporated under the laws of the 

18 United States.’’. 

19 (2) CONFORMING AMENDMENT.—The analysis for 

20 chapter 443 is amended by striking the item relating to 

21 section 44310 and inserting the following:

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

‘‘44311. Termination date’’.

22 (e) TECHNICAL CORRECTIONS.—Effective November 

23 19, 2001, the Aviation and Transportation Security Act 

24 (115 Stat. 597) is amended—
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1 (1) in section 147 by striking ‘‘44306(b)’’ and 

2 inserting ‘‘44306(c)’’; and 

3 (2) in section 124(b) by striking ‘‘to carry out 

4 foreign policy’’ and inserting ‘‘to carry out the for5 eign policy’’. 

6 TITLE II—AIRPORT PROJECT 

7 STREAMLINING 

8 SEC. 201. SHORT TITLE. 

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

10 Approval Process Act of 2003’’. 

11 SEC. 202. FINDINGS. 

12 Congress finds that—

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

14 foreign commerce; 

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

16 airports have a significant negative impact on our 

17 Nation’s economy; 

18 (3) airport capacity enhancement projects at 

19 congested airports are a national priority and should 

20 be constructed on an expedited basis; 

21 (4) airport capacity enhancement projects must 

22 include an environmental review process that pro23 vides local citizenry an opportunity for consideration 

24 of and appropriate action to address environmental 

25 concerns; and 
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1 (5) the Federal Aviation Administration, airport 

2 authorities, communities, and other Federal, State, 

3 and local government agencies must work together 

4 to develop a plan, set and honor milestones and 

5 deadlines, and work to protect the environment while 

6 sustaining the economic vitality that will result from 

7 the continued growth of aviation. 

8 SEC. 203. PROMOTION OF NEW RUNWAYS. 

9 Section 40104 is amended by adding at the end the 

10 following: 

11 ‘‘(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS

12 AT CONGESTED AIRPORTS.—In carrying out subsection 

13 (a), the Administrator shall take action to encourage the 

14 construction of airport capacity enhancement projects at 

15 congested airports as those terms are defined in section 

16 47178.’’. 

17 SEC. 204. AIRPORT PROJECT STREAMLINING. 

18 (a) IN GENERAL.—Chapter 471 is amended by in19 serting after section 47153 the following: 

20 ‘‘SUBCHAPTER III—AIRPORT PROJECT 

21 STREAMLINING 

22 ‘‘§ 47171. DOT as lead agency 

23 ‘‘(a) AIRPORT PROJECT REVIEW PROCESS.—The 

24 Secretary of Transportation shall develop and implement 
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1 a coordinated review process for airport capacity enhance2 ment projects at congested airports. 

3 ‘‘(b) COORDINATED REVIEWS.—

4 ‘‘(1) IN GENERAL.—The coordinated review 

5 process under this section shall provide that all envi6 ronmental reviews, analyses, opinions, permits, li7 censes, and approvals that must be issued or made 

8 by a Federal agency or airport sponsor for an air9 port capacity enhancement project at a congested 

10 airport will be conducted concurrently, to the max11 imum extent practicable, and completed within a 

12 time period established by the Secretary, in coopera13 tion with the agencies identified under subsection (c) 

14 with respect to the project. 

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

16 agency identified under subsection (c) shall formu17 late and implement administrative, policy, and pro18 cedural mechanisms to enable the agency to ensure 

19 completion of environmental reviews, analyses, opin20 ions, permits, licenses, and approvals described in 

21 paragraph (1) in a timely and environmentally re22 sponsible manner. 

23 ‘‘(c) IDENTIFICATION OF JURISDICTIONAL AGEN24 CIES.—With respect to each airport capacity enhancement 

25 project at a congested airport, the Secretary shall identify, 
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1 as soon as practicable, all Federal and State agencies that 

2 may have jurisdiction over environmental-related matters 

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

4 by law to conduct an environmental-related review or anal5 ysis of the project or determine whether to issue an envi6 ronmental-related permit, license, or approval for the 

7 project. 

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

9 process is being implemented under this section by the 

10 Secretary with respect to a project at an airport within 

11 the boundaries of a State, the State, consistent with State 

12 law, may choose to participate in such process and provide 

13 that all State agencies that have jurisdiction over environ14 mental-related matters that may be affected by the project 

15 or may be required by law to conduct an environmental16 related review or analysis of the project or determine 

17 whether to issue an environmental-related permit, license, 

18 or approval for the project, be subject to the process. 

19 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—The co20 ordinated review process developed under this section may 

21 be incorporated into a memorandum of understanding for 

22 a project between the Secretary and the heads of other 

23 Federal and State agencies identified under subsection (c) 

24 with respect to the project and the airport sponsor. 

25 ‘‘(f) EFFECT OF FAILURE TO MEET DEADLINE.—
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1 ‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—

2 If the Secretary determines that a Federal agency, 

3 State agency, or airport sponsor that is participating 

4 in a coordinated review process under this section 

5 with respect to a project has not met a deadline es6 tablished under subsection (b) for the project, the 

7 Secretary shall notify, within 30 days of the date of 

8 such determination, the Committee on Transpor9 tation and Infrastructure of the House of Represent10 atives, the Committee on Commerce, Science, and 

11 Transportation of the Senate, the Council on Envi12 ronmental Quality, and the agency or sponsor in13 volved about the failure to meet the deadline. 

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

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

16 the agency or sponsor involved shall submit a report 

17 to the Secretary, the Committee on Transportation 

18 and Infrastructure of the House of Representatives, 

19 the Committee on Commerce, Science, and Trans20 portation of the Senate, and the Council on Environ21 mental Quality explaining why the agency or sponsor 

22 did not meet the deadline and what actions it in23 tends to take to complete or issue the required re24 view, analysis, opinion, license, or approval. 
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1 ‘‘(g) PURPOSE AND NEED.—For any environmental 

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

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

4 is participating in a coordinated review process under this 

5 section with respect to an airport capacity enhancement 

6 project at a congested airport and that requires an anal7 ysis of purpose and need for the project, the agency, not8 withstanding any other provision of law, shall be bound 

9 by the project purpose and need as defined by the Sec10 retary. 

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

12 determine the reasonable alternatives to an airport capac13 ity enhancement project at a congested airport. Any other 

14 Federal or State agency that is participating in a coordi15 nated review process under this section with respect to the 

16 project shall consider only those alternatives to the project 

17 that the Secretary has determined are reasonable. 

18 ‘‘(i) SOLICITATION AND CONSIDERATION OF COM19 MENTS.—In applying subsections (g) and (h), the Sec20 retary shall solicit and consider comments from interested 

21 persons and governmental entities. 

22 ‘‘(j) MONITORING BY TASK FORCE.—The Transpor23 tation Infrastructure Streamlining Task Force, estab24 lished by Executive Order 13274 (67 Fed. Reg. 59449; 

25 relating to environmental stewardship and transportation 
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1 infrastructure project reviews) may monitor airport 

2 projects that are subject to the coordinated review process 

3 under this section. 

4 ‘‘§ 47172. Categorical exclusions 

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

6 of this section, the Secretary of Transportation shall de7 velop and publish a list of categorical exclusions from the 

8 requirement that an environmental assessment or an envi9 ronmental impact statement be prepared under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.) for projects at airports. 

12 ‘‘§ 47173. Access restrictions to ease construction 

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

14 airport, the Secretary of Transportation may approve a 

15 restriction on use of a runway to be constructed at the 

16 airport to minimize potentially significant adverse noise 

17 impacts from the runway only if the Secretary determines 

18 that imposition of the restriction—

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

20 expedite construction of the runway; 

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

22 measure to mitigate those impacts, taking into con23 sideration any environmental tradeoffs associated 

24 with the restriction; and 
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1 ‘‘(3) would not adversely affect service to small 

2 communities, adversely affect safety or efficiency of 

3 the national airspace system, unjustly discriminate 

4 against any class of user of the airport, or impose 

5 an undue burden on interstate or foreign commerce. 

6 ‘‘§ 47174. Airport revenue to pay for mitigation 

7 ‘‘(a) IN GENERAL.—Notwithstanding section 

8 47107(b), section 47133, or any other provision of this 

9 title, the Secretary of Transportation may allow an airport 

10 sponsor carrying out an airport capacity enhancement 

11 project at a congested airport to make payments, out of 

12 revenues generated at the airport (including local taxes on 

13 aviation fuel), for measures to mitigate the environmental 

14 impacts of the project if the Secretary finds that—

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

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

17 project in the documentation prepared pursuant to 

18 the National Environmental Policy Act of 1969 (42 

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

20 ‘‘(2) the use of such revenues will provide a sig21 nificant incentive for, or remove an impediment to, 

22 approval of the project by a State or local govern23 ment; and 
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1 ‘‘(3) the cost of the mitigation measures is rea2 sonable in relation to the mitigation that will be 

3 achieved. 

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

5 measures described in subsection (a) may include the insu6 lation of residential buildings and buildings used primarily 

7 for educational or medical purposes to mitigate the effects 

8 of aircraft noise and the improvement of such buildings 

9 as required for the insulation of the buildings under local 

10 building codes. 

11 ‘‘§ 47175. Airport funding of FAA staff 

12 ‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED

13 FUNDS.—Notwithstanding any other provision of law, the 

14 Administrator of the Federal Aviation Administration may 

15 accept funds from an airport sponsor, including funds pro16 vided to the sponsor under section 47114(c), to hire addi17 tional staff or obtain the services of consultants in order 

18 to facilitate the timely processing, review, and completion 

19 of environmental activities associated with an airport de20 velopment project. 

21 ‘‘(b) ADMINISTRATIVE PROVISION.—Instead of pay22 ment from an airport sponsor from funds apportioned to 

23 the sponsor under section 47114, the Administrator, with 

24 agreement of the sponsor, may transfer funds that would 

25 otherwise be apportioned to the sponsor under section 
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1 47114 to the account used by the Administrator for activi2 ties described in subsection (a). 

3 ‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC4 TIONS.—Notwithstanding section 3302 of title 31, any 

5 funds accepted under this section, except funds trans6 ferred pursuant to subsection (b)—

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

8 the account that finances the activities and services 

9 for which the funds are accepted; 

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

11 pay the costs of activities and services for which the 

12 funds are accepted; and 

13 ‘‘(3) shall remain available until expended. 

14 ‘‘(d) MAINTENANCE OF EFFORT.—No funds may be 

15 accepted pursuant to subsection (a), or transferred pursu16 ant to subsection (b), in any fiscal year in which the Fed17 eral Aviation Administration does not allocate at least the 

18 amount it expended in fiscal year 2002, excluding 

19 amounts accepted pursuant to section 337 of the Depart20 ment of Transportation and Related Agencies Appropria21 tions Act, 2002 (115 Stat. 862), for the activities de22 scribed in subsection (a). 

23 ‘‘§ 47176. Authorization of appropriations 

24 ‘‘In addition to the amounts authorized to be appro25 priated under section 106(k), there is authorized to be ap-
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1 propriated to the Secretary of Transportation, out of the 

2 Airport and Airway Trust Fund established under section 

3 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 

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

5 year thereafter to facilitate the timely processing, review, 

6 and completion of environmental activities associated with 

7 airport capacity enhancement projects at congested air8 ports.

9 ‘‘§ 47177. Designation of aviation safety and aviation 

10 security projects for priority environ11 mental review 

12 ‘‘(a) IN GENERAL.—The Administrator of the Fed13 eral Aviation Administration may designate an aviation 

14 safety or aviation security project for priority environ15 mental review. The Administrator may not delegate this 

16 designation authority. 

17 ‘‘(b) PROJECT DESIGNATION CRITERIA.—The Ad18 ministrator shall establish guidelines for the designation 

19 of an aviation safety or aviation security project for pri20 ority environmental review. Such guidelines shall include 

21 consideration of—

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

23 ‘‘(2) the potential for undertaking the environ24 mental review under existing emergency procedures 
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1 under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); 

3 ‘‘(3) the need for cooperation and concurrent 

4 reviews by other Federal or State agencies; and 

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

6 is not designated for priority review. 

7 ‘‘(c) COORDINATED ENVIRONMENTAL REVIEWS.—

8 ‘‘(1) TIMELINES AND HIGH PRIORITY FOR CO9 ORDINATED ENVIRONMENTAL REVIEWS.—The Ad10 ministrator, in consultation with the heads of af11 fected agencies, shall establish specific timelines for 

12 the coordinated environmental review of an aviation 

13 safety or aviation security project designated under 

14 subsection (a). Such timelines shall be consistent 

15 with the timelines established in existing laws and 

16 regulations. Each Federal agency with responsibility 

17 for project environmental reviews, analyses, opinions, 

18 permits, licenses, and approvals shall accord any 

19 such review a high priority and shall conduct the re20 view expeditiously and, to the maximum extent pos21 sible, concurrently with other such reviews. 

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

23 agency identified under subsection (c) shall formu24 late and implement administrative, policy, and pro25 cedural mechanisms to enable the agency to ensure 
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1 completion of environmental reviews, analyses, opin2 ions, permits, licenses, and approvals described in 

3 paragraph (1) in a timely and environmentally re4 sponsible manner. 

5 ‘‘(d) STATE PARTICIPATION.—

6 ‘‘(1) INVITATION TO PARTICIPATE.—If a pri7 ority environmental review process is being imple8 mented under this section with respect to a project 

9 within the boundaries of a State with applicable 

10 State environmental requirements and approvals, the 

11 Administrator shall invite the State to participate in 

12 the process. 

13 ‘‘(2) STATE CHOICE.—A State invited to par14 ticipate in a priority environmental review process, 

15 consistent with State law, may choose to participate 

16 in such process and direct that all State agencies, 

17 which have jurisdiction by law to conduct an envi18 ronmental review or analysis of the project to deter19 mine whether to issue an environmentally related 

20 permit, license, or approval for the project, be sub21 ject to the process. 

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

23 ‘‘(1) NOTICE.—If the Secretary of Transpor24 tation determines that a Federal agency or a partici25 pating State is not complying with the requirements 
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1 of this section and that such noncompliance is un2 dermining the environmental review process, the 

3 Secretary shall notify, within 30 days of such deter4 mination, the head of the Federal agency or, with 

5 respect to a State agency, the Governor of the State. 

6 ‘‘(2) REPORT TO SECRETARY.—A Federal agen7 cy that receives a copy of a notification relating to 

8 that agency made by the Secretary under paragraph 

9 (1) shall submit, within 30 days after receiving such 

10 copy, a written report to the Secretary explaining 

11 the reasons for the situation described in the notifi12 cation and what remedial actions the agency intends 

13 to take. 

14 ‘‘(3) NOTIFICATION OF CEQ AND COMMIT15 TEES.—If the Secretary determines that a Federal 

16 agency has not satisfactorily addressed the problems 

17 within a reasonable period of time following a notifi18 cation under paragraph (1), the Secretary shall no19 tify the Council on Environmental Quality, the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives, and the Committee on 

22 Commerce, Science and Transportation of the Sen23 ate. 

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

25 forth in subsections (c), (e), (g), (h), and (i) of section 
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1 47171 shall apply with respect to an aviation safety or 

2 aviation security project under this section in the same 

3 manner and to the same extent as such procedures apply 

4 to an airport capacity enhancement project at a congested 

5 airport under section 47171. 

6 ‘‘(g) DEFINITIONS.—In this section, the following 

7 definitions apply: 

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

9 ‘aviation safety project’ means an aviation project 

10 that—

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

12 the risk of injury to persons or damage to air13 craft and property, as determined by the Ad14 ministrator; and 

15 ‘‘(B)(i) is needed to respond to a rec16 ommendation from the National Transportation 

17 Safety Board; or 

18 ‘‘(ii) is necessary for an airport to comply 

19 with part 139 of title 14, Code of Federal Reg20 ulations (relating to airport certification). 

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

22 ‘aviation security project’ means a security project 

23 at an airport required by the Department of Home24 land Security. 
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1 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

2 agency’ means a department or agency of the United 

3 States Government.’’. 

4 ‘‘§ 47178. Definitions 

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

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

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

8 under section 47102. 

9 ‘‘(2) CONGESTED AIRPORT.—The term ‘con10 gested airport’ means an airport that accounted for 

11 at least 1 percent of all delayed aircraft operations 

12 in the United States in the most recent year for 

13 which such data is available and an airport listed in 

14 table 1 of the Federal Aviation Administration’s Air15 port Capacity Benchmark Report 2001. 

16 ‘‘(3) AIRPORT CAPACITY ENHANCEMENT

17 PROJECT.—The term ‘airport capacity enhancement 

18 project’ means—

19 ‘‘(A) a project for construction or exten20 sion of a runway, including any land acquisi21 tion, taxiway, or safety area associated with the 

22 runway or runway extension; and 

23 ‘‘(B) such other airport development 

24 projects as the Secretary may designate as fa-
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1 cilitating a reduction in air traffic congestion 

2 and delays.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

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

5 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.’’.

6 (c) JUDICIAL REVIEW.—The first sentence of section 

7 46110(a) is amended—

8 (1) by inserting ‘‘in whole or in part’’ after the 

9 ’’the Administrator)’’; and 

10 (2) by inserting ‘‘and under part B’’ after 

11 ‘‘under this part’’. 

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, 

9 is amended—

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

11 ems 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 sub15 paragraph (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 47177) 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 

24 Aviation Administration for an airport capacity 

25 enhancement project (as defined in section 
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1 47177) even if that airport has not met the re2 quirements of part 150 of title 14, Code of Fed3 eral Regulations.’’. 

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 

14 (42 U.S.C. 4371 et seq) and the regulations issued 

15 by the Council on Environmental Quality to carry 

16 out such 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 

21 whether or not the project is designated by the Secretary 

22 of Transportation as a high-priority transportation infra23 structure project under Executive Order 13274 (67 Fed. 

24 Reg. 59449; relating to environmental stewardship and 

25 transportation 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 (2) in paragraph (2)—

8 (A) by striking ‘‘consist of’’ and all that 

9 follows through ‘‘members, who’’ and inserting 

10 ‘‘consist of 13 members, who’’; 

11 (B) by inserting after ‘‘Senate’’ in sub12 paragraph (C)(i) ‘‘, except that initial appoint13 ments made after May 1, 2003, shall be made 

14 by the Secretary of Transportation’’; 

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

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

17 (D) by striking ‘‘employees, by—’’ in sub18 paragraph (D) and all that follows through the 

19 period at the end of subparagraph (E) and in20 serting ‘‘employees, by the Secretary of Trans21 portation.’’. 

22 SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERV23 ICES SUBCOMMITTEE. 

24 Section 106(p) is amended—

25 (1) in paragraph (3)—
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1 (A) by striking ‘‘(A) NO FEDERAL OFFI2 CER OR EMPLOYEE.—’’; 

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

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

5 (C) by striking subparagraphs (B) and 

6 (C); 

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

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

9 it 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 and 

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

17 ‘‘members’’; 

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

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

20 Air Traffic Services Board’’; and 

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

22 all that follows through the period at the end 

23 and inserting ‘‘the first members of the Board 

24 shall be the members of the Air Traffic Services 

25 Subcommittee of the Council on the day before 
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1 the date of enactment of the Flight 100—Cen2 tury of Aviation Reauthorization Act who shall 

3 serve as members of the Board until their re4 spective terms as members of the Subcommittee 

5 would have ended under this subparagraph, as 

6 in effect on such day.’’; 

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

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

9 (6) in paragraph (6)(E) by inserting ‘‘or 

10 Board’’ after ‘‘Council’’; 

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

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

13 (8) in the second sentence of subparagraph 

14 (6)(G)—

15 (i) by striking ‘‘Council’’ and inserting 

16 ‘‘Board’’; and 

17 (ii) by striking ‘‘appointed under 

18 paragraph (2)(E)’’; 

19 (9) in paragraph (6)(H)—

20 (i) by striking ‘‘SUBCOMMITTEE’’ in 

21 the subparagraph heading and inserting 

22 ‘‘BOARD’’; 

23 (ii) by striking ‘‘under paragraph 

24 (2)(E)’’ in clause (i) and inserting ‘‘to the 

25 Board’’; and 
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1 (iii) by striking ‘‘Air Traffic Services 

2 Subcommittee’’ and inserting ‘‘Board’’; 

3 (10) in paragraph (6)(I)(i)—

4 (A) by striking ‘‘appointed under para5 graph (2)(E) is’’ and inserting ‘‘is serving as’’; 

6 and 

7 (B) by striking ‘‘Subcommittee’’ and in8 serting ‘‘Board’’; and 

9 (11) in paragraph (6)(I)(ii)—

10 (A) by striking ‘‘appointed under para11 graph (2)(E)’’ and inserting ‘‘who is a member 

12 of the Board’’; and 

13 (B) by striking ‘‘Subcommittee’’ and in14 serting ‘‘Board’’; 

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

16 Board’’ after ‘‘Council’’; 

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

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

19 (14) in paragraph (7)—

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

21 paragraph heading and inserting ‘‘BOARD’’; 

22 (B) by striking subparagraph (A) and in23 serting the following: 

24 ‘‘(A) ESTABLISHMENT.—The Adminis25 trator shall establish a board that is inde-
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1 pendent of the Council by converting the Air 

2 Traffic Services Subcommittee of the Council, 

3 as in effect on the day before the date of enact4 ment of the Flight 100—Century of Aviation 

5 Reauthorization Act, into such board. The 

6 board shall be known as the Air Traffic Serv7 ices Board (in this subsection referred to as the 

8 ‘Board’).’’; 

9 (C) by redesignating subparagraphs (B) 

10 through (F) as subparagraphs (D) through 

11 (H), respectively; 

12 (D) by inserting after subparagraph (A) 

13 the following: 

14 ‘‘(B) MEMBERSHIP AND QUALIFICA15 TIONS.—Subject to paragraph (6)(C), the 

16 Board shall consist of 5 members, one of whom 

17 shall be the Administrator and shall serve as 

18 chairperson. The remaining members shall be 

19 appointed by the President with the advice and 

20 consent of the Senate and—

21 ‘‘(i) shall have a fiduciary responsi22 bility to represent the public interest; 

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

24 States; and 
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1 ‘‘(iii) shall be appointed without re2 gard to political affiliation and solely on 

3 the basis of their professional experience 

4 and expertise in one or more of the fol5 lowing areas and, in the aggregate, should 

6 collectively bring to bear expertise in all of 

7 the following areas: 

8 ‘‘(I) management of large service 

9 organizations; 

10 ‘‘(II) customer service; 

11 ‘‘(III) management of large pro12 curements; 

13 ‘‘(IV) information and commu14 nications technology; 

15 ‘‘(V) organizational development; 

16 ‘‘(VI) labor relations. 

17 ‘‘(C) PROHIBITIONS ON MEMBERS OF

18 BOARD.—No member of the Board may—

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

20 own stock in or bonds of, an aviation or 

21 aeronautical enterprise, except an interest 

22 in a diversified mutual fund or an interest 

23 that is exempt from the application of sec24 tion 208 of title 18; 
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1 ‘‘(ii) engage in another business re2 lated to aviation or aeronautics; or 

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

4 that engages, as a substantial part of its 

5 activities, in activities to influence aviation6 related legislation.’’; 

7 (E) by striking ‘‘Subcommittee’’ each place 

8 it appears in subparagraphs (D) and (E) (as 

9 redesignated by subparagraph (C) of this para10 graph) and inserting ‘‘Board’’; 

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

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

13 ‘‘make recommendations on’’; 

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

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

16 ‘‘recommendations’’; 

17 (H) by striking ‘‘ensure that the budget 

18 request supports’’ in subparagraph (E)(v)(III) 

19 (as so redesignated) and inserting ‘‘base such 

20 budget recommendations on’’; and 

21 (I) by striking ‘‘The Secretary shall sub22 mit’’ in subparagraph (E) (as so redesignated) 

23 and all that follows through the period at the 

24 end of such subparagraph (E) and inserting 

25 ‘‘The Secretary shall submit the budget rec-
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1 ommendations referred to in clause (v) to the 

2 President who shall transmit such recommenda3 tions to the Committee on Transportation and 

4 Infrastructure and the Committee on Appro5 priations of the House of Representatives and 

6 the Committee on Commerce, Science, and 

7 Transportation and the Committee on Appro8 priations of the Senate together with the annual 

9 budget request of the Federal Aviation Admin10 istration.’’; 

11 (J) by striking subparagraph (F) (as so re12 designated) and inserting the following: 

13 ‘‘(F) BOARD PERSONNEL MATTERS.—The 

14 Board may appoint and terminate any per15 sonnel that may be necessary to enable the 

16 Board to perform its duties, and may procure 

17 temporary and intermittent services under sec18 tion 40122.’’; 

19 (K) in subparagraph (G) (as so redesig20 nated)—

21 (i) by striking clause (i); 

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

23 and (iv) as clauses (i), (ii), and (iii), re24 spectively; and 
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1 (iii) by striking ‘‘Subcommittee’’ each 

2 place it appears in clauses (i), (ii), and (iii) 

3 (as so redesignated) and inserting 

4 ‘‘Board’’; 

5 (L) in subparagraph (H) (as so redesig6 nated)—

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

8 place it appears and inserting ‘‘Board’’; 

9 and 

10 (ii) by striking ‘‘Administrator, the 

11 Council’’ each place it appears in clauses 

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

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

14 ‘‘(I) AUTHORIZATION.—There is author15 ized to be appropriated to the Board such sums 

16 as may be necessary for the Board to carry out 

17 its activities.’’. 

18 SEC. 303. CLARIFICATION OF THE RESPONSIBILITIES OF 

19 THE CHIEF OPERATING OFFICER. 

20 Section 106(r) is amended—

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

22 striking ‘‘Air Traffic Services Subcommittee of the 

23 Aviation Management Advisory Council’’ and insert24 ing ‘‘Air Traffic Services Board’’; 
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1 (2) in paragraph (2)(B) by inserting ‘‘in’’ be2 fore ‘‘paragraph (3).’’; 

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

4 Control Subcommittee of the Aviation Management 

5 Advisory Council’’ and inserting ‘‘Air Traffic Serv6 ices Board’’; and 

7 (4) in paragraph (4) by striking ‘‘Transpor8 tation and Congress’’ and inserting ‘‘Transportation, 

9 the Committee on Transportation and Infrastructure 

10 of the House of Representatives, and the Committee 

11 on Commerce, Science, and Transportation of the 

12 Senate’’; 

13 (5) in paragraph (5)(A)—

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

15 ‘‘implement the’’; and 

16 (B) by striking ‘‘, including the establish17 ment of’’ and inserting ‘‘in order to further’’; 

18 (6) in paragraph (5)(B)—

19 (A) by striking ‘‘review’’ and all that fol20 lows through ‘‘Administration,’’ and inserting 

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

22 the Administration for air traffic control,’’; 

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

24 (ii); 
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1 (C) by striking the period at the end of 

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

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

4 ‘‘(iv) the management of cost5 reimburseable contracts.’’. 

6 (7) in paragraph (5)(C)(i) by striking ‘‘pre7 pared by the Administrator’’; 

8 (8) in paragraph (5)(C)(ii) by striking ‘‘and the 

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

10 Board’’; and 

11 (9) in paragraph (5)(C)(iii)—

12 (A) by inserting ‘‘agency’s’’ before ‘‘an13 nual’’; and 

14 (B) by striking ‘‘developed under subpara15 graph (A) of this subsection.’’ and inserting 

16 ‘‘for air traffic control services.’’. 

17 SEC. 304. SMALL BUSINESS OMBUDSMAN. 

18 Section 106 is amended by adding at the end the fol19 lowing: 

20 ‘‘(s) SMALL BUSINESS OMBUDSMAN.—

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

22 Administration a Small Business Ombudsman. 

23 ‘‘(2) GENERAL DUTIES AND RESPONSIBIL24 ITIES.—The Ombudsman shall—

25 ‘‘(A) be appointed by the Administrator; 
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1 ‘‘(B) serve as a liaison with small busi2 nesses in the aviation industry; 

3 ‘‘(C) be consulted when the Administrator 

4 proposes regulations that may affect small busi5 nesses in the aviation industry; 

6 ‘‘(D) provide assistance to small businesses 

7 in resolving disputes with the Administration; 

8 and 

9 ‘‘(E) report directly to the Adminis10 trator.’’. 

11 SEC. 305. FAA PURCHASE CARDS. 

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

13 Aviation Administration shall take appropriate actions to 

14 implement the recommendations contained in the report 

15 of the General Accounting Office entitled ‘‘FAA Purchase 

16 Cards: Weak Controls Resulted in Instances of Improper 

17 and Wasteful Purchases and Missing Assets’’, numbered 

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

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

20 of enactment of this Act, the Administrator shall transmit 

21 to Congress a report containing a description of the ac22 tions taken by Administrator under this section. 
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1 TITLE IV—AIRLINE SERVICE 

2 IMPROVEMENTS 

3 SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COL4 LECTION. 

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

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

7 through the semicolon at the end. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on the date of the issuance 

10 of a final rule to modernize the Origin and Destination 

11 Survey of Airline Passenger Traffic, pursuant to the Ad12 vance Notice of Proposed Rulemaking published July 15, 

13 1998 (Regulation Identifier Number 2105-AC71), that re14 duces the reporting burden for air carriers through elec15 tronic filing of the survey data collected under section 

16 329(b)(1) of title 49, United States Code. 

17 SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLV18 ING PASSENGER AND BAGGAGE SECURITY 

19 SCREENING. 

20 Section 329 is amended by adding at the end the fol21 lowing: 

22 ‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING PAS23 SENGER AND BAGGAGE SECURITY SCREENING.—

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

25 Transportation shall publish data on incidents and 
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1 complaints involving passenger and baggage security 

2 screening in a manner comparable to other con3 sumer complaint and incident data. 

4 ‘‘(2) MONTHLY REPORTS FROM SECRETARY OF

5 HOMELAND SECURITY.—To assist the Secretary of 

6 Transportation in the publication of data under 

7 paragraph (1), the Secretary of Homeland Security 

8 shall submit monthly to the Secretary of Transpor9 tation a report on the number of complaints about 

10 security screening received by the Secretary of 

11 Homeland Security.’’. 

12 SEC. 403. DEFINITIONS. 

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

14 (1) by redesignating paragraphs (38) through 

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

16 (2) by inserting after paragraph (37) the fol17 lowing: 

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

19 service airport (as defined in section 47102) that 

20 has at least 0.05 percent but less than 0.25 percent 

21 of the passenger boardings.’’; 

22 (3) by redesignating paragraphs (32) through 

23 (37) as paragraphs (36) through (41) respectively; 

24 (4) by inserting after paragraph (32) the following: 
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1 ‘‘(36) PASSENGER BOARDINGS.—The term ‘pas2 senger boardings’—

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

4 otherwise, revenue passenger boardings in the 

5 United States in the prior calendar year on an 

6 aircraft in service in air commerce, as the Sec7 retary determines under regulations the Sec8 retary prescribes; and 

9 ‘‘(B) includes passengers who continue on 

10 an aircraft in international flight that stops at 

11 an airport in the 48 contiguous States, Alaska, 

12 or Hawaii for a nontraffic purpose.’’; 

13 (5) by redesignating paragraph (32) as para14 graph (35); 

15 (6) by inserting after paragraph (31) the fol16 lowing: 

17 ‘‘(34) ‘nonhub airport’ means a commercial 

18 service airport (as defined in section 47102) that 

19 has less than 0.05 percent of the passenger 

20 boardings.’’; 

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

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

23 (8) by inserting after paragraph (29) the fol24 lowing: 
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1 ‘‘(31) ‘medium hub airport’ means a commer2 cial service airport (as defined in section 47102) 

3 that has at least 0.25 percent but less than 1.0 per4 cent of the passenger boardings.’’; 

5 (9) by redesignating paragraph (29) as para6 graph (30); 

7 (10) by inserting after paragraph (28) the fol8 lowing: 

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

10 service airport (as defined in section 47102) that 

11 has at least 1.0 percent of the passenger 

12 boardings.’’. 

13 (b) CONFORMING AMENDMENTS.—

14 (1) AIR SERVICE TERMINATION NOTICE.—Sec15 tion 41719(d) is amended—

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

17 (B) by redesignating paragraphs (2) 

18 through (5) as paragraphs (1) through (4), re19 spectively. 

20 (2) SMALL COMMUNITY AIR SERVICE.—Section 

21 41731(a) is amended by striking paragraphs (3) 

22 through (5). 

23 (3) AIRPORTS NOT RECEIVING SUFFICIENT

24 SERVICE.—Section 41743 is amended—
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1 (A) in subsection (c)(1) by striking ‘‘(as 

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

3 and 

4 (B) in subsection (f) by striking ‘‘(as de5 fined in section 41731(a)(3))’’. 

6 (4) PRESERVATION OF BASIC ESSENTIAL AIR

7 SERVICE AT SINGLE CARRIER DOMINATED HUB AIR8 PORTS.—Section 41744(b) is amended by striking 

9 ‘‘(as defined in section 41731)’’. 

10 (5) REGIONAL AIR SERVICE INCENTIVE PRO11 GRAM.—Section 41762(a) is amended—

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

13 and 

14 (B) by redesignating paragraphs (12), 

15 (13), (14), and (16) as paragraphs (11), (12), 

16 (13), and (14), respectively. 

17 SEC. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY. 

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

19 amended—

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

21 follows through ‘‘(2) may—’’ and inserting ‘‘Admin22 istration may—’’; 

23 (2) by striking subparagraph (D); and 
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1 (3) by redesignating subparagraphs (A), (B), 

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

3 and (5) respectively; and 

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

5 2 ems to the left. 

6 (b) ACQUISITION MANAGEMENT SYSTEM.—Section 

7 40110(d) is amended—

8 (1) in paragraph (1)—

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

10 1, 1996,’’; and 

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

12 and cost-effective acquisitions of equipment and 

13 materials.’’ and inserting the following: 

14 ‘‘provides for—

15 ‘‘(A) more timely and cost-effective acqui16 sitions of equipment, services, property, and 

17 materials; and 

18 ‘‘(B) the resolution of bid protests and 

19 contract disputes related thereto, using consen20 sual alternative dispute resolution techniques to 

21 the maximum extent practicable.’’; and 

22 (2) by striking paragraph (4), relating to the 

23 effective date, and inserting the following: 

24 ‘‘(4) ADJUDICATION OF CERTAIN BID PROTESTS

25 AND CONTRACT DISPUTES.—A bid protest or con-
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1 tract dispute that is not addressed or resolved 

2 through alternative dispute resolution shall be adju3 dicated by the Administrator through Dispute Reso4 lution Officers or Special Masters of the Federal 

5 Aviation Administration Office of Dispute Resolution 

6 for Acquisition, acting pursuant to sections 46102, 

7 46104, 46105, 46106 and 46107 and shall be sub8 ject to judicial review under section 46110 and to 

9 the provisions of the Equal Access to Justice Act (5 

10 U.S.C. 504).’’. 

11 (c) AUTHORITY OF ADMINISTRATOR TO ACQUIRE

12 SERVICES.—Section 106(f)(2)(A)(ii) is amended by in13 serting ‘‘, services,’’ after ‘‘property’’. 

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

15 SUPPORT EQUIPMENT. 

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

17 by inserting at the end the following: 

18 ‘‘(G) A project for the acquisition or con19 version of ground support equipment or airport20 owned vehicles used at a commercial service air21 port with, or to, low-emission technology (as de22 fined in section 47102) or cleaner burning con23 ventional fuels, or the retrofitting of such 

24 equipment or vehicles that are powered by a 

25 diesel or gasoline engine with emission control 
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1 technologies certified or verified by the Environ2 mental Protection Agency to reduce emissions, 

3 if the airport is located in an air quality non4 attainment area (as defined in section 171(2) of 

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

6 maintenance area referred to in section 175A of 

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

8 will result in an airport receiving appropriate 

9 emission credits as described in section 

10 47138.’’. 

11 (b) MAXIMUM COST FOR CERTAIN LOW-EMISSION

12 TECHNOLOGY PROJECTS.—Section 40117(b) is amended 

13 by adding at the end the following: 

14 ‘‘(5) MAXIMUM COST FOR CERTAIN LOW-EMIS15 SION TECHNOLOGY PROJECTS.—The maximum cost 

16 that may be financed by imposition of a passenger 

17 facility fee under this section for a project described 

18 in subsection (a)(3)(G) with respect to vehicle or 

19 ground support equipment may not exceed the incre20 mental amount of the project cost that is greater 

21 than the cost of acquiring a vehicle or equipment 

22 that is not low-emission and would be used for the 

23 same purpose, or the cost of low-emission retro24 fitting, as determined by the Secretary.’’. 
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1 (c) GROUND SUPPORT EQUIPMENT DEFINED.—Sec2 tion 40117(a) is amended—

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

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

5 (2) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) GROUND SUPPORT EQUIPMENT.—The 

8 term ‘ground support equipment’ means service and 

9 maintenance equipment used at an airport to sup10 port aeronautical operations and related activities.’’. 

11 SEC. 406. STREAMLINING OF THE PASSENGER FACILITY 

12 FEE PROGRAM. 

13 (a) APPLICATION REQUIREMENTS.—Section 

14 40117(c) is amended—

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

16 following: 

17 ‘‘(E) The agency will include in its applica18 tion or notice submitted under subparagraph 

19 (A) copies of all certifications of agreement or 

20 disagreement received under subparagraph (D). 

21 ‘‘(F) For the purpose of this section, an el22 igible agency providing notice and an oppor23 tunity for consultation to an air carrier or for24 eign air carrier is deemed to have satisfied the 

25 requirements of this paragraph if the eligible 
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1 agency limits such notices and consultations to 

2 air carriers and foreign air carriers that have a 

3 significant business interest at the airport. In 

4 the subparagraph, the term ‘significant busi5 ness interest’ means an air carrier or foreign 

6 air carrier that had no less than 1.0 percent of 

7 passenger boardings at the airport in the prior 

8 calendar year, had at least 25,000 passenger 

9 boardings at the airport in the prior calendar 

10 year, or provides scheduled service at the air11 port.’’; 

12 (2) by redesignating paragraph (3) as para13 graph (4); 

14 (3) by inserting after paragraph (2) the fol15 lowing: 

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

17 agency must provide reasonable notice and an opportunity 

18 for public comment. The Secretary shall prescribe regula19 tions that define reasonable notice and provide for at least 

20 the following under this paragraph: 

21 ‘‘(A) A requirement that the eligible agen22 cy provide public notice of intent to collect a 

23 passenger facility fee so as to inform those in24 terested persons and agencies who may be af25 fected, which public notice may include—
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1 ‘‘(i) publication in local newspapers of 

2 general circulation; 

3 ‘‘(ii) publication in other local media; 

4 and 

5 ‘‘(ii) posting the notice on the agen6 cy’s web-site. 

7 ‘‘(B) A requirement for submission of pub8 lic comments no sooner than 30 days, and no 

9 later than 45 days, after the date of the publi10 cation of the notice. 

11 ‘‘(C) A requirement that the agency in12 clude in its application or notice submitted 

13 under subparagraph (A) copies of all comments 

14 received under subparagraph (B).’’; and 

15 (4) in the first sentence of paragraph (4) (as 

16 redesignated by paragraph (2) of this subsection) by 

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

18 (b) PILOT PROGRAM FOR PASSENGER FACILITY FEE

19 AUTHORIZATIONS AT NONHUB AIRPORTS.—Section 

20 40117 is amended by adding at the end the following: 

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

22 AUTHORIZATIONS AT NONHUB AIRPORTS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish a pilot program to test alternative procedures 

25 for authorizing eligible agencies for nonhub airports 
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1 to impose passenger facility fees. An eligible agency 

2 may impose in accordance with the provisions of this 

3 subsection a passenger facility fee under this section. 

4 For purposes of the pilot program, the procedures in 

5 this subsection shall apply instead of the procedures 

6 otherwise provided in this section. 

7 ‘‘(2) NOTICE AND OPPORTUNITY FOR CON8 SULTATION.—The eligible agency must provide rea9 sonable notice and an opportunity for consultation to 

10 air carriers and foreign air carriers in accordance 

11 with subsection (c)(2) and must provide reasonable 

12 notice and opportunity for public comment in ac13 cordance with subsection (c)(3). 

14 ‘‘(3) NOTICE OF INTENTION.—The eligible 

15 agency must submit to the Secretary a notice of in16 tention to impose a passenger facility fee under this 

17 subsection. This shall include—

18 ‘‘(A) information that the Secretary may 

19 require by regulation on each project for which 

20 authority to impose a passenger facility fee is 

21 sought; 

22 ‘‘(B) the amount of revenue from pas23 senger facility fees that is proposed to be col24 lected for each project; and 
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1 ‘‘(C) the level of the passenger facility fee 

2 that is proposed. 

3 ‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND IN4 DICATION OF OBJECTION.—The Secretary shall ac5 knowledge receipt of the notice and indicate any ob6 jection to the imposition of a passenger facility fee 

7 under this subsection for any project identified in 

8 the notice within 30 days after receipt of the eligible 

9 agency’s notice. 

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

11 Secretary objects within 30 days after receipt of the 

12 eligible agency’s notice, the eligible agency is author13 ized to impose a passenger facility fee in accordance 

14 with the terms of its notice under this subsection. 

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

16 after the date of enactment of this subsection, the 

17 Secretary shall propose such regulations as may be 

18 necessary to carry out this subsection. 

19 ‘‘(7) SUNSET.—This subsection shall not be in 

20 effect 3 years after the date of issuance of regula21 tions to carry out this subsection. 

22 ‘‘(8) ACKNOWLEDGEMENT NOT AN ORDER.—An 

23 acknowledgement issued under paragraph (4) shall 

24 not be considered an order of the Secretary issued 

25 under section 46110.’’. 
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1 (c) CLARIFICATION OF APPLICABILITY OF PFCS TO

2 MILITARY CHARTERS.—Section 40117(e)(2) is amend3 ed—

4 (1) by striking the period at the end of sub5 paragraph (C) and inserting a semicolon; 

6 (2) by striking ‘‘and’’ at the end of subpara7 graph (D); 

8 (3) by striking the period at the end of sub9 paragraph (E) and inserting ‘‘; and’’; and 

10 (4) by inserting after subparagraph (E) the fol11 lowing: 

12 ‘‘(F) enplaning at an airport if the pas13 senger did not pay for the air transportation 

14 which resulted in such enplanement due to 

15 charter arrangements and payment by the De16 partment of Defense.’’. 

17 (d) TECHNICAL AMENDMENTS.—Section 40117 is 

18 amended—

19 (1) in subsection (a)(3)(C) by striking ‘‘for 

20 costs’’ and inserting ‘‘A project’’; 

21 (2) in subsection (a)(3)(C) by striking the semi22 colon and inserting a period; and 

23 (3) in subsection (e)(2)(C) by striking the pe24 riod and inserting a semicolon. 
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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), pas9 senger facility revenue held by an air carrier or 

10 any of its agents shall be segregated from the 

11 carrier’s cash and other assets and placed in an 

12 escrow account for the benefit of the eligible 

13 agencies entitled to such revenue. 

14 ‘‘(B) ALTERNATIVE METHOD OF COMPLI15 ANCE.—Instead of placing amounts in an es16 crow account under subparagraph (A), an air 

17 carrier may provide to the eligible agency a let18 ter of credit, bond, or other form of adequate 

19 and immediately available security in an 

20 amount equal to estimated remittable passenger 

21 facility fees for 180 days, to be assessed against 

22 later audit, upon which security the eligible 

23 agency shall be entitled to draw automatically, 

24 without necessity of any further legal or judicial 

25 action to effectuate foreclosure. 
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1 ‘‘(3) 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 ‘‘(4) PROHIBITION.—An air carrier and its 

8 agents may not grant to any third party any secu9 rity or other interest in passenger facility revenue. 

10 ‘‘(5) 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 

14 litigation or otherwise, to recover or retain payment 

15 of passenger facility revenue to which the eligible en16 tity is otherwise entitled shall be required to com17 pensate the eligible agency for the costs so incurred. 

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

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

21 if the accounts are established and maintained in 

22 compliance with this subsection.’’. 

23 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by 

2 subsection (a) shall take effect 60 days after the 

3 date of enactment of this Act. 

4 (2) EXISTING REGULATIONS.—Beginning 60 

5 days after the date of enactment of this Act, the 

6 provisions of section 158.49 of title 14, Code of Fed7 eral Regulations, that permit the commingling of 

8 passenger facility fees with other air carrier revenue 

9 shall have no force or effect. 

10 SEC. 408. OVERFLIGHTS OF NATIONAL PARKS. 

11 (a) AIR TOUR MANAGEMENT ACT CLARIFICA12 TIONS.—Section 40128 is amended—

13 (1) in subsection (a)(1) by inserting ‘‘, as de14 fined by this section,’’ after ‘‘lands’’ the first place 

15 it appears; 

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

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

18 ‘‘operations’’; 

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

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

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

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

23 appears; 

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

25 inserting ‘‘over a national park’’ after ‘‘operations’’; 
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1 (6) in subsection (f)(1) by inserting ‘‘over a na2 tional park’’ after ‘‘operation’’; 

3 (7) in subsection (f)(4)(A)—

4 (A) by striking ‘‘commercial air tour oper5 ation’’ and inserting ‘‘commercial air tour oper6 ation over a national park’’; and 

7 (B) by striking ‘‘park, or over tribal 

8 lands,’’ and inserting ‘‘park (except the Grand 

9 Canyon National Park), or over tribal lands 

10 (except those within or abutting the Grand 

11 Canyon National Park),’’; and 

12 (8) in subsection (f)(4)(B) by inserting ‘‘over a 

13 national park’’ after ‘‘operation’’. 

14 (b) GRAND CANYON NATIONAL PARK SPECIAL

15 FLIGHT RULES AREA OPERATION CURFEW.—

16 (1) IN GENERAL.—The Administrator of the 

17 Federal Aviation Administration may not restrict 

18 commercial Special Flight Rules Area operations in 

19 the Dragon and Zuni Point corridors of the Grand 

20 Canyon National Park during the period beginning 

21 1-hour after sunrise and ending 1-hour before sun22 set, unless required for aviation safety purposes. 

23 (2) EFFECT ON EXISTING REGULATIONS.—Be24 ginning on the date of enactment of this Act, section 
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1 93.317 of title 14, Code of Federal Regulations, 

2 shall not be in effect. 

3 SEC. 409. COLLABORATIVE DECISION MAKING PILOT PRO4 GRAM. 

5 (a) IN GENERAL.—Chapter 401 is amended by add6 ing at the end the following: 

7 ‘‘§ 40129. Collaborative decision making pilot pro8 gram 

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

10 the date of enactment of this section, the Administrator 

11 of the Federal Aviation Administration shall establish a 

12 collaborative decisionmaking pilot program in accordance 

13 with this section. 

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

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

16 2 years. 

17 ‘‘(c) GUIDELINES.—

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

19 guidelines concerning the pilot program. Such guide20 lines, at a minimum, shall define the criteria and 

21 process for determining when a capacity reduction 

22 event exists that warrants the use of collaborative 

23 decisionmaking among carriers at airports partici24 pating in the pilot program and that prescribe the 
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1 methods of communication to be implemented among 

2 carriers during such an event. 

3 ‘‘(2) VIEWS.—The Administrator may obtain 

4 the views of interested parties in issuing the guide5 lines. 

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

7 CAPACITY REDUCTION EVENT.—Upon a determination by 

8 the Administrator that a capacity reduction event exists, 

9 the Administrator may authorize under the pilot program, 

10 air carriers and foreign air carriers operating at an airport 

11 participating in the pilot program to communicate for a 

12 period of time not to exceed 24 hours with each other con13 cerning changes in their respective flight schedules in 

14 order to most effectively use air traffic capacity. The Ad15 ministration shall facilitate and monitor such communica16 tion. 

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

18 later than 30 days after the date on which the Adminis19 trator establishes the pilot program, the Administrator 

20 shall select 3 airports to participate in the pilot program 

21 from among the most capacity constrained airports in the 

22 country based on the Administration’s Airport Capacity 

23 Benchmark Report 2001 or more recent data on airport 

24 capacity that is available to the Administrator. The Ad25 ministrator shall select an airport for participation in the 
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1 pilot program if the Administrator determines that col2 laborative decisionmaking among air carriers and foreign 

3 air carriers would reduce delays at the airport and have 

4 beneficial effects on reducing delays in the national air5 space system as a whole. 

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

7 or foreign air carrier operating at an airport selected to 

8 participate in the pilot program is eligible to participate 

9 in the pilot program if the Administrator determines that 

10 the carrier has the operational and communications capa11 bility to participate in the pilot program. 

12 ‘‘(g) MODIFICATION OR TERMINATION OF PILOT

13 PROGRAM AT AN AIRPORT.—The Administrator may mod14 ify or end the pilot program at an airport before the term 

15 of the pilot program has expired, or may ban an air carrier 

16 or foreign air carrier from participating in the program, 

17 if the Administrator determines that the purpose of the 

18 pilot program is not being furthered by participation of 

19 the airport or air carrier or if the Secretary of Transpor20 tation, in consultation with the Attorney General, finds 

21 that the pilot program or the participation of an air car22 rier or foreign air carrier in the pilot program has had, 

23 or is having, an adverse effect on competition among car24 riers. 

25 ‘‘(h) ANTITRUST IMMUNITY.—
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1 ‘‘(1) IN GENERAL.—Unless, within 5 days after 

2 receiving notice from the Secretary of the Sec3 retary’s intention to exercise authority under this 

4 subsection, the Attorney General submits to the Sec5 retary a written objection to such action, including 

6 reasons for such objection, the Secretary may ex7 empt an air carrier’s or foreign air carrier’s activi8 ties that are necessary to participate in the pilot 

9 program under this section from the antitrust laws 

10 for the sole purpose of participating in the pilot pro11 gram. Such exemption shall not extend to any dis12 cussions, agreements, or activities outside the scope 

13 of the pilot program. 

14 ‘‘(2) ANTITRUST LAWS DEFINED.—In this sec15 tion, the term ‘antitrust laws’ has the meaning given 

16 that term in the first section of the Clayton Act (15 

17 U.S.C. 12). 

18 ‘‘(i) CONSULTATION WITH ATTORNEY GENERAL.—

19 The Secretary shall consult with the Attorney General re20 garding the design and implementation of the pilot pro21 gram, including determining whether a limit should be set 

22 on the number of occasions collaborative decisionmaking 

23 could be employed during the initial 2-year period of the 

24 pilot program. 

25 ‘‘(j) EVALUATION.—
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1 ‘‘(1) IN GENERAL.—Before the expiration of 

2 the 2-year period for which the pilot program is au3 thorized under subsection (b), the Administrator 

4 shall determine whether the pilot program has facili5 tated more effective use of air traffic capacity and 

6 the Secretary, in consultation with the Attorney 

7 General, shall determine whether the pilot program 

8 has had an adverse effect on airline competition or 

9 the availability of air services to communities. The 

10 Administrator shall also examine whether capacity 

11 benefits resulting from the participation in the pilot 

12 program of an airport resulted in capacity benefits 

13 to other parts of the national airspace system. 

14 ‘‘(2) OBTAINING NECESSARY DATA.—The Ad15 ministrator may require participating air carriers 

16 and airports to provide data necessary to evaluate 

17 the pilot program’s impact. 

18 ‘‘(k) EXTENSION OF PILOT PROGRAM.—At the end 

19 of the 2-year period for which the pilot program is author20 ized, the Administrator may continue the pilot program 

21 for an additional 2 years and expand participation in the 

22 program to up to 7 additional airports if the Adminis23 trator determines pursuant to subsection (j) that the pilot 

24 program has facilitated more effective use of air traffic 

25 capacity and if the Secretary, in consultation with the At-
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1 torney General, determines that the pilot program has had 

2 no adverse effect on airline competition or the availability 

3 of air services to communities. The Administrator shall se4 lect the additional airports to participate in the extended 

5 pilot program in the same manner in which airports were 

6 initially selected to participate.’’

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 401 is amended by adding at the end the fol9 lowing:

‘‘40129. Pilot program for improved collaborative decisionmaking during times 

of reduced capacity.’’.

10 SEC. 410. AVAILABILITY OF AIRCRAFT ACCIDENT SITE IN11 FORMATION. 

12 (a) DOMESTIC AIR TRANSPORTATION.—Section 

13 41113(b) is amended—

14 (1) in paragraph (16) by striking ‘‘the air car15 rier’’ the second place it appears; and 

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

17 ‘‘(17)(A) An assurance that, in the case of an 

18 accident that results in significant damage to a man19 made structure or other property on the ground that 

20 is not government-owned, the air carrier will 

21 promptly provide notice, in writing, to the extent 

22 practicable, directly to the owner of the structure or 

23 other property about liability for any property dam24 age and means for obtaining compensation. 
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1 ‘‘(B) At a minimum, the written notice shall 

2 advise an owner (i) to contact the insurer of the 

3 property as the authoritative source for information 

4 about coverage and compensation; (ii) to not rely on 

5 unofficial information offered by air carrier rep6 resentatives about compensation by the air carrier 

7 for accident-site property damage; and (iii) to obtain 

8 photographic or other detailed evidence of property 

9 damage as soon as possible after the accident, con10 sistent with restrictions on access to the accident 

11 site. 

12 ‘‘(18) An assurance that, in the case of an acci13 dent in which the National Transportation Safety 

14 Board conducts a public hearing or comparable pro15 ceeding at a location greater than 80 miles from the 

16 accident site, the air carrier will ensure that the pro17 ceeding is made available simultaneously by elec18 tronic means at a location open to the public at both 

19 the origin city and destination city of the air car20 rier’s flight if that city is located in the United 

21 States.’’. 

22 (b) FOREIGN AIR TRANSPORTATION.—Section 41313 

23 is amended by adding at the end the following: 

24 ‘‘(17) NOTICE CONCERNING LIABILITY FOR

25 MAN-MADE STRUCTURES.—
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1 ‘‘(A) IN GENERAL.—An assurance that, in 

2 the case of an accident that results in signifi3 cant damage to a man-made structure or other 

4 property on the ground that is not government5 owned, the foreign air carrier will promptly pro6 vide notice, in writing, to the extent practicable, 

7 directly to the owner of the structure or other 

8 property about liability for any property dam9 age and means for obtaining compensation. 

10 ‘‘(B) MINIMUM CONTENTS.—At a min11 imum, the written notice shall advise an owner 

12 (i) to contact the insurer of the property as the 

13 authoritative source for information about cov14 erage and compensation; (ii) to not rely on un15 official information offered by foreign air car16 rier representatives about compensation by the 

17 foreign air carrier for accident-site property 

18 damage; and (iii) to obtain photographic or 

19 other detailed evidence of property damage as 

20 soon as possible after the accident, consistent 

21 with restrictions on access to the accident site. 

22 ‘‘(18) SIMULTANEOUS ELECTRONIC TRANS23 MISSION OF NTSB HEARING.—An assurance that, in 

24 the case of an accident in which the National Trans25 portation Safety Board conducts a public hearing or 
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1 comparable proceeding at a location greater than 80 

2 miles from the accident site, the foreign air carrier 

3 will ensure that the proceeding is made available si4 multaneously by electronic means at a location open 

5 to the public at both the origin city and destination 

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

7 located in the United States.’’. 

8 (c) UPDATE PLANS.—Air carriers and foreign air 

9 carriers shall update their plans under sections 41113 and 

10 41313 of title 49, United States Code, respectively, to re11 flect the amendments made by subsections (a) and (b) of 

12 this section not later than 90 days after the date of enact13 ment of this Act. 

14 SEC. 411. SLOT EXEMPTIONS AT RONALD REAGAN WASH15 INGTON NATIONAL AIRPORT. 

16 (a) BEYOND-PERIMETER EXEMPTIONS.—Section 

17 41718(a) is amended by striking ‘‘12’’ and inserting ‘‘36’’. 

18 (b) WITHIN-PERIMETER EXEMPTIONS.—Section 

19 41718(b) is amended—

20 (1) by striking ‘‘12’’ and inserting ‘‘24’’; and 

21 (2) by striking ‘‘that were designated as me22 dium hub or smaller airports’’. 

23 (c) LIMITATIONS.—
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1 (1) GENERAL EXEMPTIONS.—Section 

2 41718(c)(2) is amended by striking ‘‘two’’ and in3 serting ‘‘4’’. 

4 (2) ALLOCATION OF WITHIN-PERIMETER EX5 EMPTIONS.—Section 41718(c)(3) is amended—

6 (A) in subparagraph (A)—

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

8 ‘‘six’’; and 

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

10 (B) in subparagraph (B)—

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

12 ‘‘twelve’’; and 

13 (ii) by striking the period at the end 

14 and inserting ‘‘; and’’; and 

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

16 ‘‘(C) six shall be for air transportation to 

17 airports without regard to their size.’’. 

18 (d) APPLICATION PROCEDURES.—Section 41718(d) 

19 is amended to read as follows: 

20 ‘‘(d) APPLICATION PROCEDURES.—The Secretary 

21 shall establish procedures to ensure that all requests for 

22 exemptions under this section are granted or denied within 

23 90 days after the date on which the request is made.’’. 

24 (e) EFFECT OF PERIMETER RULES ON COMPETITION

25 AND AIR SERVICE.—
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1 (1) IDENTIFICATION OF OTHER AIRPORTS.—

2 The Secretary of Transportation shall identify air3 ports (other than Ronald Reagan Washington Na4 tional Airport) that have imposed perimeter rules 

5 like those in effect with respect to Ronald Reagan 

6 Washington National Airport. 

7 (2) STUDY.—The Secretary shall conduct a 

8 study of the effect that perimeter rules for airports 

9 identified under paragraph (1) have on competition 

10 and on air service to communities outside the perim11 eter. 

12 (3) REPORT.—Not later than 120 days after 

13 the date of enactment of this Act, the Secretary 

14 shall transmit to Congress a report on the results of 

15 the study. 

16 SEC. 412. NOTICE CONCERNING AIRCRAFT ASSEMBLY. 

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

18 amended by adding at the end the following:

19 ‘‘§ 41722. Notice concerning aircraft assembly 

20 ‘‘The Secretary of Transportation shall require, be21 ginning after the last day of the 1-year period following 

22 the date of enactment of this section, an air carrier using 

23 an aircraft to provide scheduled passenger air transpor24 tation to display a notice, on an information placard avail25 able to each passenger on the aircraft, that informs the 
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1 passengers of the nation in which the aircraft was finally 

2 assembled.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 417 is amended by striking the item relating to 

5 section 41721 and inserting the following:

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

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

6 SEC. 413. SMALL COMMUNITY AIR SERVICE. 

7 (a) COMPENSATION GUIDELINES, LIMITATION, AND

8 CLAIMS.—

9 (1) PAYMENT OF PROMOTIONAL AMOUNTS.—

10 Section 41737(a)(2) is amended by inserting before 

11 the period at the end ‘‘or may be paid directly to the 

12 unit of local government having jurisdiction over the 

13 eligible place served by the air carrier’’. 

14 (2) LOCAL SHARE.—Section 41737(a) is 

15 amended by adding at the end the following: 

16 ‘‘(3) The guidelines may require a unit of local gov17 ernment having jurisdiction over an eligible place that is 

18 less than 170 miles from a medium or large hub or less 

19 than 75 miles from a small hub or a State within the 

20 boundaries of which the eligible place is located to pay 2.5 

21 percent in fiscal year 2005, 5 percent in fiscal year 2006, 

22 7.5 percent in fiscal year 2007, and 10 percent in fiscal 

23 year 2008 of the amount of compensation payable under 

24 this subchapter for air transportation with respect to the 
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1 eligible place to ensure the continuation of that air trans2 portation. In determining the mileage between the eligible 

3 place and a hub, the Secretary shall use the most com4 monly used highway route between the eligible place and 

5 the hub.’’. 

6 (3) AUTHORITY TO MAKE AGREEMENTS AND

7 INCUR OBLIGATIONS.—Section 41737(d) is amend8 ed—

9 (A) by striking ‘‘(1) The Secretary’’ and 

10 inserting the ‘‘The Secretary’’; and 

11 (B) by striking paragraph (2). 

12 (b) AIRPORTS NOT RECEIVING SUFFICIENT SERV13 ICE.—Section 41743(c) is amended—

14 (1) by striking paragraph (3); 

15 (2) by redesignating paragraphs (4) and (5) as 

16 paragraphs (3) and (4), respectively; and 

17 (3) in paragraph (4) (as so redesignated)—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (C); 

20 (B) by striking the period at the end of 

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

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

23 ‘‘(E) the assistance can be used in the fis24 cal year in which it is received.’’. 
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1 (c) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec2 tion 41742 is amended—

3 (1) in subsection (a)(1) by striking ‘‘otherwise 

4 provided to the Administration, the sum ’’ and in5 serting ‘‘any amounts in the Treasury,’’; 

6 (2) in subsection (a)(2) by striking 

7 ‘‘$15,000,000’’ and inserting ‘‘$65,000,000’’; 

8 (3) by adding at the end of subsection (a) the 

9 following: 

10 ‘‘(3) AUTHORIZATION FOR ADDITIONAL

11 EMPLOYEES.—In addition to amounts author12 ized under paragraphs (1) and (2), there is au13 thorized to be appropriated such sums as may 

14 be necessary for the Secretary of Transpor15 tation to hire and employ 4 additional employ16 ees for the office responsible for carrying out 

17 the essential air service program.’’; and 

18 (4) by striking subsection (c). 

19 (d) PROCESS FOR DISCONTINUING CERTAIN SUB20 SIDIES.—Section 41734 is amended by adding at the end 

21 the following: 

22 ‘‘(f) PROCESS FOR DISCONTINUING CERTAIN SUB23 SIDIES.—If the Secretary determines that no subsidy will 

24 be provided to a carrier to provide essential air service 

25 to an eligible place because the eligible place does not meet 
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1 the requirements of section 332 of the Department of 

2 Transportation and Related Agencies Appropriations Act, 

3 2000 (49 U.S.C. 41731 note; 113 Stat. 1022), the Sec4 retary shall notify the affected community that the subsidy 

5 will cease but shall continue to provide the subsidy for 90 

6 days after providing the notice to the community.’’. 

7 (e) JOINT PROPOSALS.—Section 41740 is amended 

8 by inserting ‘‘, including joint fares,’’ after ‘‘joint pro9 posals’’. 

10 (f) COMMUNITY AND REGIONAL CHOICE PRO11 GRAM.—

12 (1) IN GENERAL.—Subchapter II of chapter 

13 417 is amended by adding at the end the following:

14 ‘‘§ 41745. Community and regional choice program 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish an alternate essential air service pilot 

17 program in accordance with the requirements of this sec18 tion. 

19 ‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In car20 rying out the program, the Secretary, instead of paying 

21 compensation to an air carrier to provide essential air 

22 service to an eligible place, may pay compensation directly 

23 to a unit of local government having jurisdiction over the 

24 eligible place or a State within the boundaries of which 

25 the eligible place is located. 
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1 ‘‘(c) USE OF COMPENSATION.—A unit of local gov2 ernment or State receiving compensation for an eligible 

3 place under the program shall use the compensation for 

4 any of the following purposes: 

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

6 provide scheduled air service to and from the eligible 

7 place, without being subject to the requirements of 

8 41732(b). 

9 ‘‘(2) To provide assistance to an air carrier to 

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

11 eligible place. 

12 ‘‘(3) To provide assistance to a person to pro13 vide scheduled or on-demand surface transportation 

14 to and from the eligible place and an airport in an15 other place. 

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

17 government in the same region, to provide transpor18 tation services to and from all the eligible places in 

19 that region at an airport or other transportation 

20 center that can serve all the eligible places in that 

21 region. 

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

23 in aircraft, to provide transportation to and from the 

24 eligible place. 
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1 ‘‘(6) To pay for other transportation or related 

2 services that the Secretary may permit. 

3 ‘‘(d) FRACTIONALLY OWNED AIRCRAFT.—Notwith4 standing any other provision of law, only those operating 

5 rules that relate to an aircraft that is fractionally owned 

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

7 used to provide transportation described in subsection 

8 (c)(5). 

9 ‘‘(e) APPLICATIONS.—

10 ‘‘(1) IN GENERAL.—A unit of local government 

11 or State seeking to participate in the program for an 

12 eligible place shall submit to the Secretary an appli13 cation in such form and containing such information 

14 as the Secretary may require. 

15 ‘‘(2) REQUIRED INFORMATION.—At a min16 imum, the application shall include—

17 ‘‘(A) a statement of the amount of com18 pensation required; and 

19 ‘‘(B) a description of how the compensa20 tion will be used. 

21 ‘‘(f) PARTICIPATION REQUIREMENTS.—

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

23 which compensation is received under the program 

24 in a fiscal year shall not be eligible to receive in that 
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1 fiscal year the essential air service that it would oth2 erwise be entitled to under this subchapter. 

3 ‘‘(2) GOVERNMENTAL ENTITIES.—A unit of 

4 local government or State receiving compensation for 

5 an eligible place under the program in a fiscal year 

6 shall not be required to pay the 10 percent local 

7 share described in 41737(a)(3) in such fiscal year. 

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

9 government participating in the program under this sec10 tion in a fiscal year shall not be prohibited from partici11 pating in the basic essential air service program under this 

12 chapter in a subsequent fiscal year if such unit is other13 wise eligible to participate in such program. 

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

15 made available to carry out the essential air service pro16 gram under this subchapter shall be available to carry out 

17 this section.’’. 

18 (2) CONFORMING AMENDMENT.—The analysis 

19 for chapter 417 is amended by inserting after the 

20 item relating to section 41744 the following:

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

21 SEC. 414. PROTECTION OF EMPLOYEES PROVIDING AIR 

22 SAFETY INFORMATION. 

23 Section 42121 is amended—

24 (1) by redesignating subsection (e) as sub25 section (f); and 
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1 (2) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) ACTION IN DISTRICT COURT.—If the Secretary 

4 has not issued a final order within the time period estab5 lished by subsection (b)(3) with respect to a complaint and 

6 there is no showing that the delay is due to the bad faith 

7 of the complainant, the complainant may bring an action 

8 at law or equity for de novo review of the complaint in 

9 the appropriate district court of the United States. The 

10 district court shall have jurisdiction over the action with11 out regard to the amount in controversy. The action shall 

12 be subject to the standards of proof provided in subsection 

13 (b)(2)(B).’’.

14 SEC. 415. TYPE CERTIFICATES. 

15 (a) AGREEMENTS TO PERMIT USE OF CERTIFICATES

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

17 adding at the end the following: 

18 ‘‘(3) If the holder of a type certificate agrees to per19 mit another person to use the certificate to manufacture 

20 a new aircraft, aircraft engine, propeller, or appliance, the 

21 holder shall provide the other person with written evi22 dence, in a form acceptable to the Administrator, of that 

23 agreement. A person may manufacture a new aircraft, air24 craft engine, propeller, or appliance based on a type cer-
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1 tificate only if the person is the holder of the type certifi2 cate or has permission from the holder.’’. 

3 (b) CERTIFICATION OF PRODUCTS MANUFACTURED

4 IN FOREIGN NATIONS.—Section 44704 is further amend5 ed by adding at the end the following: 

6 ‘‘(e) CERTIFICATION OF PRODUCTS MANUFACTURED

7 IN FOREIGN NATIONS.—In order to ensure safety, the Ad8 ministrator shall spend at least the same amount of time 

9 and perform a no-less-thorough review in certifying, or 

10 validating the certification of, an aircraft, aircraft engine, 

11 propeller, or appliance manufactured in a foreign nation 

12 as the regulatory authorities of that nation employ when 

13 the authorities certify, or validate the certification of, an 

14 aircraft, aircraft engine, propeller, or appliance manufac15 tured in the United States.’’. 

16 SEC. 416. DESIGN ORGANIZATION CERTIFICATES. 

17 (a) GENERAL AUTHORITY TO ISSUE CERTIFI18 CATES.—Effective on the last day of the 7-year period be19 ginning on the date of enactment of this Act, section 

20 44702(a) is amended by inserting ‘‘design organization 

21 certificates,’’ after ‘‘airman certificates,’’. 

22 (b) DESIGN ORGANIZATION CERTIFICATES.—

23 (1) PLAN.—Not later than 3 years after the 

24 date of enactment of this Act, the Administrator of 

25 the Federal Aviation Administration shall transmit 
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1 to the Committee on Commerce, Science, and Trans2 portation of the Senate and the Committee on 

3 Transportation and Infrastructure of the House of 

4 Representatives a plan for the development and 

5 oversight of a system for certification of design orga6 nizations to certify compliance with the requirements 

7 and minimum standards prescribed under section 

8 44701(a) of title 49, United States Code, for the 

9 type certification of aircraft, aircraft engines, propel10 lers, or appliances. 

11 (2) ISSUANCE OF CERTIFICATES.—Section 

12 44704 is further amended by adding at the end the 

13 following: 

14 ‘‘(f) DESIGN ORGANIZATION CERTIFICATES.—

15 ‘‘(1) ISSUANCE.—Beginning 7 years after the 

16 date of enactment of this subsection, the Adminis17 trator may issue a design organization certificate to 

18 a design organization to authorize the organization 

19 to certify compliance with the requirements and min20 imum standards prescribed under section 44701(a) 

21 for the type certification of aircraft, aircraft engines, 

22 propellers, or appliances. 

23 ‘‘(2) APPLICATIONS.—On receiving an applica24 tion for a design organization certificate, the Admin25 istrator shall examine and rate the design organiza-
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1 tion submitting the application, in accordance with 

2 regulations to be prescribed by the Administrator, to 

3 determine whether the design organization has ade4 quate engineering, design, and testing capabilities, 

5 standards, and safeguards to ensure that the prod6 uct being certificated is properly designed and man7 ufactured, performs properly, and meets the regula8 tions and minimum standards prescribed under sec9 tion 44701(a). 

10 ‘‘(3) ISSUANCE OF TYPE CERTIFICATES BASED

11 ON DESIGN ORGANIZATION CERTIFICATION.—On re12 ceiving an application for a type certificate under 

13 subsection (a) that is accompanied by a certification 

14 of compliance by a design organization certificated 

15 under this subsection, instead of conducting an inde16 pendent investigation under subsection (a), the Ad17 ministrator may issue the type certificate based on 

18 the certification of compliance. 

19 ‘‘(4) PUBLIC SAFETY.—The Administrator shall 

20 include in a design organization certificate issued 

21 under this subsection terms required in the interest 

22 of safety.’’. 

23 (c) REINSPECTION AND REEXAMINATION.—Section 

24 44709(a) is amended by inserting ‘‘design organization, 

25 production certificate holder,’’ after ‘‘appliance,’. 
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1 (d) PROHIBITIONS.—Section 44711(a)(7) is amended 

2 by striking ‘‘agency’’ and inserting ‘‘agency, design orga3 nization certificate, ’’. 

4 (e) CONFORMING AMENDMENTS.—

5 (1) SECTION HEADING.—Section 44704 is 

6 amended by striking the section designation and 

7 heading and inserting the following: 

8 ‘‘§ 44704. Type certificates, production certificates, 

9 airworthiness certificates, and design or10 ganization certificates’’. 

11 (2) CHAPTER ANALYSIS.—The analysis for 

12 chapter 447 is amended by striking the item relating 

13 to section 44704 and inserting the following:

‘‘44704. Type certificates, production certificates, airworthiness certificates, 

and design organization certificates.’’.

14 SEC. 417. COUNTERFEIT OR FRAUDULENTLY REP15 RESENTED PARTS VIOLATIONS. 

16 Section 44726(a)(1) is amended—

17 (1) by striking ‘‘or’’ at the end of subparagraph 

18 (A); 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); 

21 (3) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) whose certificate is revoked under 

24 subsection (b); or’’; and 
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1 (4) in subparagraph (C) (as redesignated by 

2 paragraph (2) of this section) by striking ‘‘convicted 

3 of such a violation.’’ and inserting ‘‘described in sub4 paragraph (A) or (B).’’. 

5 SEC. 418. RUNWAY SAFETY STANDARDS. 

6 (a) IN GENERAL.—Chapter 447 is amended by add7 ing at the end the following:

8 ‘‘§ 44727. Runway safety areas 

9 ‘‘An airport owner or operator shall not be required 

10 to reduce the length of a runway or declare the length 

11 of a runway to be less than the actual pavement length 

12 in order to meet standards of the Federal Aviation Admin13 istration applicable to runway safety areas.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 447 is amended by adding at the end the fol16 lowing:

‘‘44727. Runway safety areas.’’.

17 SEC. 419. AVAILABILITY OF MAINTENANCE INFORMATION. 

18 (a) IN GENERAL.—Chapter 447 is further amended 

19 by adding at the end the following: 

20 ‘‘§ 44728. Availability of maintenance information 

21 ‘‘(a) IN GENERAL.—The Administrator of the Fed22 eral Aviation Administration shall continue in effect the 

23 requirement of section 21.50(b) of title 14, Code of Fed24 eral Regulations, that the holder of a design approval—
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1 ‘‘(1) shall prepare and furnish at least one set 

2 of complete instructions for continued airworthiness 

3 as prescribed in such section to the owner of each 

4 type of aircraft, aircraft engine, or propeller upon its 

5 delivery or upon the issuance of the first standard 

6 airworthiness certificate for the affected aircraft, 

7 whichever occurs later; and 

8 ‘‘(2) thereafter shall make the instructions, and 

9 any changes thereto, available to any other person 

10 required by parts 1 through 199 of title 14, Code of 

11 Federal Regulations, to comply with any of the 

12 terms of the instructions. 

13 ‘‘(b) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) MAKE AVAILABLE.—The term ‘make avail16 able’ means providing at a cost not to exceed the 

17 cost of preparation and distribution. 

18 ‘‘(2) DESIGN APPROVAL.—The term ‘design ap19 proval’ means a type certificate, supplemental type 

20 certificate, amended type certificate, parts manufac21 turer approval, technical standard order authoriza22 tion, and any other action as determined by the Ad23 ministrator pursuant to subsection (c)(2). 

24 ‘‘(3) INSTRUCTIONS FOR CONTINUED AIR25 WORTHINESS.—The term ‘instructions for continued 
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1 airworthiness’ means maintenance manuals, overhaul 

2 manuals, standard practice manuals, and other man3 ufacturer’s service information that sets forth the 

4 methods, techniques, and practices for performing 

5 maintenance on civil aircraft, aircraft engines, pro6 pellers, appliances or any part installed thereon. The 

7 term also includes changes to such manuals and in8 formation in the form of revisions, service bulletins, 

9 service letters, or similar documents. 

10 ‘‘(c) RULEMAKING.—The Administrator shall con11 duct a rulemaking proceeding for the following purposes: 

12 ‘‘(1) To determine the meaning of the phrase 

13 ‘essential to continued airworthiness’ of the applica14 ble aircraft, aircraft engine, and propeller as that 

15 term is used in parts 23 through 35 of title 14, 

16 Code of Federal Regulations. 

17 ‘‘(2) To determine if a design approval should 

18 include, in addition to those approvals specified in 

19 subsection (b)(2), any other activity in which per20 sons are required to have technical data approved by 

21 the Administrator. 

22 ‘‘(3) To require design approval holders that 

23 prepared instructions for continued airworthiness or 

24 maintenance manuals before January 29, 1981, to 

25 make the manuals available (including any changes 
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1 thereto), to any person required by parts 1 through 

2 199 of title 14, Code of Federal Regulations, to 

3 comply with any of the terms of those manuals. 

4 ‘‘(4) To require design approval holders that—

5 ‘‘(A) are operating an ongoing business 

6 concern; 

7 ‘‘(B) were required to produce mainte8 nance manuals or instructions for continued 

9 airworthiness under the applicable sections of 

10 parts 1 through 199 of title 14, Code of Fed11 eral 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 

15 after date on which the regulations are published. 

16 ‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—

17 Nothing is this section shall be construed as requiring the 

18 holder of a design approval to make available proprietary 

19 information unless it is deemed essential to continued air20 worthiness.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter 447 is further amended by adding at the end the 

23 following:

‘‘44728. Availability of maintenance information.’’.
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1 SEC. 420. FLIGHT ATTENDANT CERTIFICATION. 

2 (a) IN GENERAL.—Chapter 447 is further amended 

3 by 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 dem9 onstrated proficiency from the Administrator of the 

10 Federal Aviation Administration. 

11 ‘‘(2) SPECIAL RULE FOR CURRENT FLIGHT AT12 TENDANTS.—An individual serving as a flight at13 tendant on the effective date of this section may 

14 continue to serve aboard an aircraft as a flight at15 tendant until completion by that individual of the re16 quired recurrent training and subsequent certifi17 cation under this section. 

18 ‘‘(3) TREATMENT OF FLIGHT ATTENDANT

19 AFTER NOTIFICATION.—On the date that the Ad20 ministrator is notified by an air carrier that an indi21 vidual has the demonstrated proficiency to be a 

22 flight attendant, the individual shall be treated for 

23 purposes of this section as holding a certificate 

24 issued under the section. 

25 ‘‘(b) ISSUANCE OF CERTIFICATE.—The Adminis26 trator shall issue a certificate of demonstrated proficiency 
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1 under this section to an individual after the Administrator 

2 is notified by the air carrier that the individual has suc3 cessfully completed all the training requirements for flight 

4 attendants approved by the Administrator. 

5 ‘‘(c) DESIGNATION OF PERSON TO DETERMINE SUC6 CESSFUL COMPLETION OF TRAINING.—In accordance 

7 with part 183 of chapter 14, Code of Federal Regulation, 

8 the director of operations of an air carrier is designated 

9 to determine that an individual has successfully completed 

10 the training requirements approved by the Administrator 

11 for such individual to serve as a flight attendant. 

12 ‘‘(d) SPECIFICATIONS RELATING TO CERTIFI13 CATES.—Each certificate issued under this section shall—

14 ‘‘(1) be numbered and recorded by the Adminis15 trator; 

16 ‘‘(2) contain the name, address, and description 

17 of the individual to whom the certificate is issued; 

18 ‘‘(3) contain the name of the air carrier that 

19 employs or will employ the certificate holder on the 

20 date that the certificate is issued; 

21 ‘‘(4) is similar in size and appearance to certifi22 cates issued to airmen; 

23 ‘‘(5) contain the airplane group for which the 

24 certificate is issued; and 
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1 ‘‘(6) be issued not later than 30 days after the 

2 Administrator receives notification from the air car3 rier of demonstrated proficiency and, in the case of 

4 an individual serving as flight attendant on the ef5 fective date of this section, not later than 1 year 

6 after such effective date. 

7 ‘‘(e) APPROVAL OF TRAINING PROGRAMS.—Air car8 rier flight attendant training programs shall be subject to 

9 approval by the Administrator. All flight attendant train10 ing programs approved by the Administrator in the 1-year 

11 period ending on the date of enactment of this section 

12 shall be treated as providing a demonstrated proficiency 

13 for purposes of meeting the certification requirements of 

14 this section. 

15 ‘‘(f) FLIGHT ATTENDANT DEFINED.—In this section, 

16 the term ‘flight attendant’ means an individual working 

17 as a flight attendant in the cabin of an aircraft that has 

18 20 or more seats and is being used by an air carrier to 

19 provide air transportation.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 447 is further amended by adding at the end the 

22 following:

‘‘44729. Flight attendant certification.’’.

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsections (a) and (b) shall take effect on the 365th day 

25 following the date of enactment of this Act. 
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1 SEC. 421. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT 

2 WITHOUT PROVIDING SUFFICIENT NOTICE. 

3 (a) IN GENERAL.—Chapter 463 is amended by add4 ing at the end the following: 

5 ‘‘§ 46319. Closure of an airport without providing suf6 ficient notice 

7 ‘‘(a) PROHIBITION.—A public agency (as defined in 

8 section 47102) may not close an airport listed in the na9 tional plan of integrated airport systems under section 

10 47103 without providing written notice to the Adminis11 trator of the Federal Aviation Administration at least 30 

12 days before the date of the closure. 

13 ‘‘(b) PUBLICATION OF NOTICE.—The Administrator 

14 shall publish each notice received under subsection (a) in 

15 the Federal Register. 

16 ‘‘(c) CIVIL PENALTY.—A public agency violating sub17 section (a) shall be liable for a civil penalty of $10,000 

18 for each day that the airport remains closed without hav19 ing given the notice required by this section.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 463 is amended by adding at the end the fol22 lowing:

‘‘46319. Closure of an airport without providing sufficient notice.’’.
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1 SEC. 422. AMENDMENT OF GENERAL FEE SCHEDULE PRO2 VISION. 

3 The amendment made by section 119(d) of the Avia4 tion and Transportation Security Act (115 Stat. 629) 

5 shall not be affected by the savings provisions contained 

6 in section 141 of that Act (115 Stat. 643). 

7 SEC. 423. IMPROVEMENT OF CURRICULUM STANDARDS 

8 FOR AVIATION MAINTENANCE TECHNICIANS. 

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

10 Aviation Administration shall ensure that the training 

11 standards for airframe and powerplant mechanics under 

12 part 65 of title 14, Code of Federal Regulations, are up13 dated and revised in accordance with this section. The Ad14 ministrator may update and revise the training standards 

15 through the initiation of a formal rulemaking or by issuing 

16 an advisory circular or other agency guidance. 

17 (b) ELEMENTS FOR CONSIDERATION.—The updated 

18 and revised standards required under subsection (a) shall 

19 include those curriculum adjustments that are necessary 

20 to more accurately reflect current technology and mainte21 nance practices. 

22 (c) MINIMUM TRAINING HOURS.—In making adjust23 ments to the maintenance curriculum requirements pursu24 ant to this section, the current requirement of 1900 min25 imum training hours shall be maintained. 
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1 (d) CERTIFICATION.—Any adjustment or modifica2 tion of current curriculum standards made pursuant to 

3 this section shall be reflected in the certification examina4 tions of airframe and powerplant mechanics. 

5 (e) COMPLETION.—The revised and updated training 

6 standards required by subsection (a) shall be completed 

7 not later than 12 months after the date of enactment of 

8 this Act. 

9 (f) PERIODIC REVIEWS AND UPDATES.—The Admin10 istrator shall review the content of the curriculum stand11 ards for training airframe and powerplant mechanics re12 ferred to in subsection (a) every 3 years after completion 

13 of the revised and updated training standards required 

14 under subsection (a) as necessary to reflect current tech15 nology and maintenance practices. 

16 SEC. 424. TASK FORCE ON FUTURE OF AIR TRANSPOR17 TATION SYSTEM. 

18 (a) IN GENERAL.—The President shall establish a 

19 task force to work with the Next Generation Air Transpor20 tation System Joint Program Office authorized under sec21 tion 106(k)(3). 

22 (b) MEMBERSHIP.—The task force shall be composed 

23 of representatives, appointed by the President, from air 

24 carriers, general aviation, pilots, and air traffic controllers 

25 and the following government organizations: 
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1 (1) The Federal Aviation Administration. 

2 (2) The National Aeronautics and Space Ad3 ministration. 

4 (3) The Department of Defense. 

5 (4) The Department of Homeland Security. 

6 (5) The National Oceanic and Atmospheric Ad7 ministration. 

8 (6) Other government organizations designated 

9 by the President. 

10 (c) FUNCTION.—The function of the task force shall 

11 be to develop an integrated plan to transform the Nation’s 

12 air traffic control system and air transportation system 

13 to meet its future needs. 

14 (d) PLAN.—Not later than 1 year after the date of 

15 establishment of the task force, the task force shall trans16 mit to the President and Congress a plan outlining the 

17 overall strategy, schedule, and resources needed to develop 

18 and deploy the Nation’s next generation air traffic control 

19 system and air transportation system. 

20 SEC. 425. AIR QUALITY IN AIRCRAFT CABINS. 

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

22 Aviation Administration shall undertake the studies and 

23 analysis called for in the report of the National Research 

24 Council entitled ‘‘The Airliner Cabin Environment and the 

25 Health of Passengers and Crew’’. 
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1 (b) REQUIRED ACTIVITIES.—In carrying out this sec2 tion, the Administrator, at a minimum, shall—

3 (1) conduct surveillance to monitor ozone in the 

4 cabin on a representative number of flights and air5 craft to determine compliance with existing Federal 

6 Aviation Regulations for ozone; 

7 (2) collect pesticide exposure data to determine 

8 exposures of passengers and crew; and 

9 (3) analyze samples of residue from aircraft 

10 ventilation ducts and filters after air quality inci11 dents to identify the contaminants to which pas12 sengers and crew were exposed. 

13 (c) REPORT.—Not later than 30 months after the 

14 date of enactment of this Act, the Administrator shall 

15 transmit to Congress a report on the findings of the Ad16 ministrator under this section. 

17 SEC. 426. RECOMMENDATIONS CONCERNING TRAVEL 

18 AGENTS. 

19 (a) REPORT.—Not later than 6 months after the date 

20 of enactment of this Act, the Secretary of Transportation 

21 shall transmit to Congress a report on any actions that 

22 should be taken with respect to recommendations made 

23 by the National Commission to Ensure Consumer Infor24 mation and Choice in the Airline Industry on—

25 (1) the travel agent arbiter program; and 
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1 (2) the special box on tickets for agents to in2 clude their service fee charges. 

3 (b) CONSULTATION.—In preparing this report, the 

4 Secretary shall consult with representatives from the air5 line and travel agent industry. 

6 SEC. 427. TASK FORCE ON ENHANCED TRANSFER OF APPLI7 CATIONS OF TECHNOLOGY FOR MILITARY 

8 AIRCRAFT TO CIVILIAN AIRCRAFT. 

9 (a) IN GENERAL.—The President shall establish a 

10 task force to look for better methods for ensuring that 

11 technology developed for military aircraft is more quickly 

12 and easily transferred to applications for improving and 

13 modernizing the fleet of civilian aircraft. 

14 (b) MEMBERSHIP.—The task force shall be composed 

15 of the Secretary of Transportation who shall be the chair 

16 of the task force and representatives, appointed by the 

17 President, from the following: 

18 (1) The Department of Transportation. 

19 (2) The Federal Aviation Administration. 

20 (3) The Department of Defense. 

21 (4) The National Aeronautics and Space Ad22 ministration. 

23 (5) The aircraft manufacturing industry. 

24 (6) Such other organizations as the President 

25 may designate. 
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1 (c) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the task force shall report to 

3 Congress on the methods looked at by the task force for 

4 ensuring the transfer of applications described in sub5 section (a).

6 SEC. 428. REIMBURSEMENT FOR LOSSES INCURRED BY 

7 GENERAL AVIATION ENTITIES. 

8 (a) IN GENERAL.—The Secretary of Transportation 

9 may make grants to reimburse the following general avia10 tion entities for the security costs incurred and revenue 

11 foregone as a result of the restrictions imposed by the 

12 Federal Government following the terrorist attacks on the 

13 United States that occurred on September 11, 2001, or 

14 the military action to free the people of Iraq that com15 menced in March 2003: 

16 (1) General aviation entities that operate at 

17 Ronald Reagan Washington National Airport. 

18 (2) Airports that are located within 15 miles of 

19 Ronald Reagan Washington National Airport and 

20 were operating under security restrictions on the 

21 date of enactment of this Act and general aviation 

22 entities operating at those airports. 

23 (3) General aviation entities that were affected 

24 by Federal Aviation Administration Notice to Air25 men FDC 2/0199 and section 352 of the Depart-
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1 ment of Transportation and Related Agencies Ap2 propriations Act, 2003 (P.L. 108–7, Division I). 

3 (4) General aviation entities affected by imple4 mentation of section 44939 of title 49, United 

5 States Code. 

6 (5) Any other general aviation entity that is 

7 prevented from doing business or operating by an 

8 action of the Federal Government prohibiting access 

9 to airspace by that entity. 

10 (b) DOCUMENTATION.—Reimbursement under this 

11 section shall be made in accordance with sworn financial 

12 statements or other appropriate data submitted by each 

13 general aviation entity demonstrating the costs incurred 

14 and revenue foregone to the satisfaction of the Secretary. 

15 (c) GENERAL AVIATION ENTITY DEFINED.—In this 

16 section, the term ‘‘general aviation entity’’ means any per17 son (other than a scheduled air carrier or foreign air car18 rier, as such terms are defined in section 40102 of title 

19 49, United States Code) that—

20 (1) operates nonmilitary aircraft under part 91 

21 of title 14, Code of Federal Regulations, for the pur22 pose of conducting its primary business; 

23 (2) manufactures nonmilitary aircraft with a 

24 maximum seating capacity of fewer than 20 pas25 sengers or aircraft parts to be used in such aircraft; 
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1 (3) provides services necessary for nonmilitary 

2 operations under such part 91; or 

3 (4) operates an airport, other than a primary 

4 airport (as such terms are defined in such section 

5 40102), that—

6 (A) is listed in the national plan of inte7 grated airport systems developed by the Federal 

8 Aviation Administration under section 47103 of 

9 such title; or 

10 (B) is normally open to the public, is lo11 cated within the confines of enhanced class B 

12 airspace (as defined by the Federal Aviation 

13 Administration in Notice to Airmen FDC 1/

14 0618), and was closed as a result of an order 

15 issued by the Federal Aviation Administration 

16 in the period beginning September 11, 2001, 

17 and ending January 1, 2002, and remained 

18 closed as a result of that order on January 1, 

19 2002. 

20 Such term includes fixed based operators, flight schools, 

21 manufacturers of general aviation aircraft and products, 

22 persons engaged in nonscheduled aviation enterprises, and 

23 general aviation independent contractors. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 
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1 $100,000,000. Such sums shall remain available until ex2 pended. 

3 SEC. 429. IMPASSE PROCEDURES FOR NATIONAL ASSOCIA4 TION OF AIR TRAFFIC SPECIALISTS. 

5 (a) FAILURE OF CURRENT NEGOTIATIONS.—If, with6 in 30 days after the date of enactment of this Act, the 

7 Federal Aviation Administration and the exclusive bar8 gaining representative of the National Association of Air 

9 Traffic Specialists have failed to achieve agreement 

10 through a mediation process of the Federal Mediation and 

11 Conciliation Service, the current labor negotiation shall be 

12 treated for purposes of this section to have failed. 

13 (b) SUBMISSION TO IMPASSE PANEL.—Not later 

14 than 30 days after the negotiation has failed under sub15 section (a), the parties to the negotiation shall submit un16 resolved issues to the Federal Service Impasses Panel de17 scribed in section 7119(c) of title 5, United States Code, 

18 for final and binding resolution. 

19 (c) ASSISTANCE.—The Panel shall render assistance 

20 to the parties in resolving their dispute in accordance with 

21 section 7119 of title 5, United States Code, and parts 

22 2470 and 2471 of title 5, Code of Federal Regulations. 

23 (d) DETERMINATION.—The Panel shall make a just 

24 and reasonable determination of the matters in dispute. 

25 In arriving at such determination, the Panel shall specify 
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1 the basis for its findings, taking into consideration such 

2 relevant factors as are normally and customarily consid3 ered in the determination of wages or impasse Panel pro4 ceedings. The Panel shall also take into consideration the 

5 financial ability of the Administration to pay. 

6 (e) EFFECT OF PANEL DETERMINATION.—The de7 termination of the Panel shall be final and binding upon 

8 the parties for the period prescribed by the Panel or a 

9 period otherwise agreed to by the parties. 

10 (f) REVIEW.—The determination of the Panel shall 

11 be subject to review in the manner prescribed in chapter 

12 71 of title 5, United States Code. 

13 SEC. 430. FAA INSPECTOR TRAINING. 

14 (a) STUDY.—

15 (1) IN GENERAL.—The Comptroller General 

16 shall conduct a study of the training of the aviation 

17 safety inspectors of the Federal Aviation Adminis18 tration (in this section referred to as ‘‘FAA inspec19 tors’’). 

20 (2) CONTENTS.—The study shall include—

21 (A) an analysis of the type of training pro22 vided to FAA inspectors; 

23 (B) actions that the Federal Aviation Ad24 ministration has undertaken to ensure that 
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1 FAA inspectors receive up-to-date training on 

2 the latest technologies; 

3 (C) the extent of FAA inspector training 

4 provided by the aviation industry and whether 

5 such training is provided without charge or on 

6 a quid-pro-quo basis; and 

7 (D) the amount of travel that is required 

8 of FAA inspectors in receiving training. 

9 (3) REPORT.—Not later than 1 year after the 

10 date of enactment of this Act, the Comptroller Gen11 eral shall transmit to the Committee on Transpor12 tation and Infrastructure of the House of Represent13 atives and the Committee on Commerce, Science, 

14 and Transportation of the Senate a report on the re15 sults of the study. 

16 (b) SENSE OF THE HOUSE.—It is the sense of the 

17 House of Representatives that—

18 (1) FAA inspectors should be encouraged to 

19 take the most up-to-date initial and recurrent train20 ing on the latest aviation technologies; 

21 (2) FAA inspector training should have a direct 

22 relation to an individual’s job requirements; and 

23 (3) if possible, a FAA inspector should be al24 lowed to take training at the location most conven25 ient for the inspector. 
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1 (c) WORKLOAD OF INSPECTORS.—

2 (1) STUDY BY NATIONAL ACADEMY OF

3 SCIENCES.—Not later than 90 days after the date of 

4 enactment of this Act, the Administrator of the Fed5 eral Aviation Administration shall make appropriate 

6 arrangements for the National Academy of Sciences 

7 to conduct a study of the assumptions and methods 

8 used by the Federal Aviation Administration to esti9 mate staffing standards for FAA inspectors to en10 sure proper oversight over the aviation industry, in11 cluding the designee program. 

12 (2) CONTENTS.—The study shall include the 

13 following: 

14 (A) A suggested method of modifying FAA 

15 inspectors staffing models for application to 

16 current local conditions or applying some other 

17 approach to developing an objective staffing 

18 standard. 

19 (B) The approximate cost and length of 

20 time for developing such models. 

21 (3) REPORT.—Not later than 12 months after 

22 the initiation of the arrangements under subsection 

23 (a), the National Academy of Sciences shall transmit 

24 to Congress a report on the results of the study. 
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1 SEC. 431. PROHIBITION ON AIR TRAFFIC CONTROL PRIVAT2 IZATION. 

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

4 may not authorize the transfer of the air traffic separation 

5 and control functions operated by the Federal Aviation 

6 Administration on the date of enactment of this Act to 

7 a private entity or to a public entity other than the United 

8 States Government. 

9 (b) CONTRACT TOWER PROGRAM.—Subsection (a) 

10 shall not apply to the contract tower program authorized 

11 by section 47124 of title 49, United States Code. 

12 SEC. 432. AIRFARES FOR MEMBERS OF THE ARMED 

13 FORCES. 

14 (a) FINDINGS.—Congress finds that—

15 (1) the Armed Forces is comprised of approxi16 mately 1,400,000 members who are stationed on ac17 tive duty at more than 6,000 military bases in 146 

18 different countries; 

19 (2) the United States is indebted to the mem20 bers of the Armed Forces, many of whom are in 

21 grave danger due to their engagement in, or expo22 sure to, combat; 

23 (3) military service, especially in the current 

24 war against terrorism, often requires members of the 

25 Armed Forces to be separated from their families on 
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1 short notice, for long periods of time, and under 

2 very stressful conditions; 

3 (4) the unique demands of military service often 

4 preclude members of the Armed Forces from pur5 chasing discounted advance airline tickets in order 

6 to visit their loved ones at home; and 

7 (5) it is the patriotic duty of the people of the 

8 United States to support the members of the Armed 

9 Forces who are defending the Nation’s interests 

10 around the world at great personal sacrifice. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that each United States air carrier should—

13 (1) establish for all members of the Armed 

14 Forces on active duty reduced air fares that are 

15 comparable to the lowest airfare for ticketed flights; 

16 and 

17 (2) offer flexible terms that allow members of 

18 the Armed Forces on active duty to purchase, mod19 ify, or cancel tickets without time restrictions, fees, 

20 and penalties.

21 TITLE V—AIRPORT 

22 DEVELOPMENT 

23 SEC. 501. DEFINITIONS. 

24 (a) IN GENERAL.—Section 47102 is amended—
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1 (1) by redesignating paragraphs (19) and (20) 

2 as paragraphs (24) and (25), respectively; 

3 (2) by inserting after paragraph (18) the fol4 lowing: 

5 ‘‘(23) ‘small hub airport’ means a commercial 

6 service airport that has at least 0.05 percent but less 

7 than 0.25 percent of the passenger boardings.’’; 

8 (3) in paragraph (10) by striking subpara9 graphs (A) and (B) and inserting following: 

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

11 otherwise, revenue passenger boardings in the 

12 United States in the prior calendar year on an 

13 aircraft in service in air commerce, as the Sec14 retary determines under regulations the Sec15 retary prescribes; and 

16 ‘‘(B) includes passengers who continue on 

17 an aircraft in international flight that stops at 

18 an airport in the 48 contiguous States, Alaska, 

19 or Hawaii for a nontraffic purpose.’’; 

20 (4) by redesignating paragraphs (10) through 

21 (18) as paragraphs (14) through (22), respectively; 

22 (5) by inserting after paragraph (9) the fol23 lowing: 
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1 ‘‘(10) ‘large hub airport’ means a commercial 

2 service airport that has at least 1.0 percent of the 

3 passenger boardings. 

4 ‘‘(12) ‘medium hub airport’ means a commer5 cial service airport that has at least 0.25 percent but 

6 less than 1.0 percent of the passenger boardings. 

7 ‘‘(13) ‘nonhub airport’ means a commercial 

8 service airport that has less than 0.05 percent of the 

9 passenger boardings.’’; and 

10 (6) by striking paragraph (6) and inserting the 

11 following: 

12 ‘‘(6) ‘Amount made available under section 

13 48103’ or ‘amount newly made available’ means the 

14 amount authorized for grants under section 48103 

15 as that amount may be limited in that year by a 

16 subsequent law, but as determined without regard to 

17 grant obligation recoveries made in that year or 

18 amounts covered by section 47107(f).’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 47116(b)(1) is amended by striking ‘‘(as defined in section 

21 41731) of this title)’’. 

22 SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYS23 TEMS. 

24 Section 47102(3)(B)(x) is amended by striking the 

25 period at the end and inserting the following: ‘‘; except 
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1 that such activities shall be eligible for funding under this 

2 subchapter only using amounts apportioned under section 

3 47114.’’. 

4 SEC. 503. SECURITY COSTS AT SMALL AIRPORTS. 

5 (a) SECURITY COSTS.—Section 47102(3)(J) is 

6 amended to read as follows: 

7 ‘‘(J) in the case of a nonhub airport or an 

8 airport that is not a primary airport in fiscal 

9 year 2004, direct costs associated with new, ad10 ditional, or revised security requirements im11 posed on airport operators by law, regulation, 

12 or order on or after September 11, 2001, if the 

13 Government’s share is paid only from amounts 

14 apportioned to a sponsor under section 

15 47114(c) or 47114(d)(3)(A).’’. 

16 (b) CONFORMING AMENDMENT.—Section 

17 47110(b)(2) is amended—

18 (1) in subparagraph (D) by striking ‘‘, 

19 47102(3)(K), or 47102(3)(L)’’; and 

20 (2) by aligning the margin of subparagraph (D) 

21 with the margin of subparagraph (B). 

22 SEC. 504. WITHHOLDING OF PROGRAM APPLICATION AP23 PROVAL. 

24 Section 47106(d) is amended—
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1 (1) in paragraph (1) by striking ‘‘section 

2 47114(c) and (e) of this title’’ and inserting ‘‘sub3 sections (c), (d), and (e) of section 47114’’; and 

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

5 ‘‘(4) If the Secretary withholds a grant to an airport 

6 from the discretionary fund under section 47115 or from 

7 the small airport fund under section 47116 on the grounds 

8 that the sponsor has violated an assurance or requirement 

9 of this subchapter, the Secretary shall follow the proce10 dures of this subsection.’’.

11 SEC. 505. RUNWAY SAFETY AREAS. 

12 (a) APPROVAL OF PROJECT GRANT APPLICATIONS.—

13 Section 47106 is amended by adding at the end the fol14 lowing: 

15 ‘‘(h) RUNWAY SAFETY AREAS.—The Secretary may 

16 approve an application under this chapter for a project 

17 grant to construct, reconstruct, repair, or improve a run18 way only if the Secretary receives written assurances, sat19 isfactory to the Secretary, that the sponsor will undertake, 

20 to the maximum extent practical, improvement of the run21 way’s safety area to meet the standards of the Federal 

22 Aviation Administration.’’.
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1 SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE 

2 COMPATIBILITY PURPOSES. 

3 Section 47107(c) is amended by adding at the end 

4 the following: 

5 ‘‘(4) Notwithstanding paragraph (2)(A)(iii), an air6 port owner or operator may retain all or any portion of 

7 the proceeds from a land disposition described in that 

8 paragraph if the Secretary finds that the use of the land 

9 will be compatible with airport purposes and the proceeds 

10 retained will be used for airport development or to carry 

11 out a noise compatibility program under section 

12 47504(c).’’. 

13 SEC. 507. GRANT ASSURANCES. 

14 (a) HANGAR CONSTRUCTION.—Section 47107(a) is 

15 amended—

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (19); 

18 (2) by striking the period at the end of para19 graph (20) and inserting ‘‘; and’’; and 

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

21 ‘‘(21) if the airport owner or operator and a 

22 person who owns an aircraft agree that a hangar is 

23 to be constructed at the airport for the aircraft at 

24 the aircraft owner’s expense, the airport owner or 

25 operator will grant to the aircraft owner for the 

26 hangar a long-term lease (of not less than 50 years) 
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1 that is subject to such terms and conditions on the 

2 hangar as the airport owner or operator may im3 pose.’’. 

4 (b) STATUTE OF LIMITATIONS..—Section 

5 47107(l)(5)(A) is amended by inserting ‘‘or any other gov6 ernmental entity’’ after ‘‘sponsor’’. 

7 (c) AUDIT CERTIFICATION.—Section 47107(m) is 

8 amended—

9 (1) in paragraph (1) by striking ‘‘promulgate 

10 regulations that’’ and inserting ‘‘include a provision 

11 in the compliance supplement provisions to’’; and 

12 (2) in paragraph (1) by striking ‘‘and opinion 

13 of the review’’; and 

14 (3) by striking paragraph (3). 

15 SEC. 508. ALLOWABLE PROJECT COSTS. 

16 (a) CONSTRUCTION OR MODIFICATION OF PUBLIC

17 PARKING FACILITIES FOR SECURITY PURPOSES.—Section 

18 47110 is amended—

19 (1) in subsection (f) by striking ‘‘subsection 

20 (d)’’ and inserting ‘‘subsections (d) and (h)’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(h) CONSTRUCTION OR MODIFICATION OF PUBLIC

23 PARKING FACILITIES FOR SECURITY PURPOSES.—Not24 withstanding subsection (f)(1), a cost of constructing or 

25 modifying a public parking facility for passenger auto-
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1 mobiles to comply with a regulation or directive of the De2 partment of Homeland Security shall be treated as an al3 lowable airport development project cost.’’. 

4 (b) DEBT FINANCING.—Section 47110 is further 

5 amended by adding at the end the following: 

6 ‘‘(i) DEBT FINANCING.—In the case of an airport 

7 that is not a medium hub airport or large hub airport, 

8 the Secretary may determine that allowable airport devel9 opment project costs include payments of interest, com10 mercial bond insurance, and other credit enhancement 

11 costs associated with a bond issue to finance the project.’’. 

12 (c) CLARIFICATION OF ALLOWABLE COSTS..—Sec13 tion 47110(b)(1) is amended by inserting before the semi14 colon at the end ‘‘and any cost of moving a Federal facility 

15 impeding the project if the rebuilt facility is of an equiva16 lent size and type’’. 

17 (d) TECHNICAL AMENDMENTS.—Section 47110(c) is 

18 amended by aligning the margin of paragraph (6) with 

19 the margin of paragraph (5). 

20 SEC. 509. APPORTIONMENTS TO PRIMARY AIRPORTS. 

21 (a) FORMULA CHANGES.—Section 47114(c)(1)(A) is 

22 amended by striking clauses (iv) and (v) and by inserting 

23 the following: 
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1 ‘‘(iv) $.65 for each of the next 500,000 

2 passenger boardings at the airport during the 

3 prior calendar year; 

4 ‘‘(v) $.50 cents for each of the next 

5 2,500,000 passenger boardings at the airport 

6 during the prior calendar year; and 

7 ‘‘(vi) $.45 cents for each additional pas8 senger boarding at the airport during the prior 

9 calendar year.’’. 

10 (b) SPECIAL RULE FOR FISCAL YEAR 2004.—Sec11 tion 47114(c)(1) is amended by adding at the end the fol12 lowing: 

13 ‘‘(F) SPECIAL RULE FOR FISCAL YEAR

14 2004.—Notwithstanding subparagraph (A) and 

15 the absence of scheduled passenger aircraft 

16 service at an airport, the Secretary may appor17 tion in fiscal year 2004 to the sponsor of the 

18 airport an amount equal to the amount appor19 tioned to that sponsor in fiscal year 2002 or 

20 2003, whichever amount is greater, if the Sec21 retary finds that—

22 ‘‘(i) the passenger boardings at the 

23 airport 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 

7 below 10,000 was the decrease in pas8 sengers following the terrorist attacks of 

9 September 11, 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 per15 cent’’ 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

21 PROJECTS.—In selecting a project for a grant to 

22 preserve and improve capacity funded in whole or in 

23 part from the fund, the Secretary shall consider—
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1 ‘‘(A) the effect that the project will have 

2 on overall national transportation system capac3 ity; 

4 ‘‘(B) the benefit and cost of the project, 

5 including, in the case of a project at a reliever 

6 airport, the number of operations projected to 

7 be diverted from a primary airport to the re8 liever airport as a result of the project, as well 

9 as the cost savings projected to be realized by 

10 users of the local airport system; 

11 ‘‘(C) the financial commitment from non12 United States Government sources to preserve 

13 or improve airport capacity; 

14 ‘‘(D) the airport improvement priorities of 

15 the States to the extent such priorities are not 

16 in conflict with subparagraphs (A) and (B); and 

17 ‘‘(E) the projected growth in the number 

18 of passengers or aircraft that will be using the 

19 airport at which the project will be carried out. 

20 ‘‘(2) FOR ALL PROJECTS.—In selecting a 

21 project for a grant described in paragraph (1), the 

22 Secretary shall consider whether—

23 ‘‘(A) funding has been provided for all 

24 other projects qualifying for funding during the 

25 fiscal year under this chapter that have at-
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1 tained a higher score under the numerical pri2 ority system employed by the Secretary in ad3 ministering the fund; and 

4 ‘‘(B) the sponsor will be able to commence 

5 the work identified in the project application in 

6 the fiscal year in which the grant is made or 

7 within 6 months after the grant is made, which8 ever is later.’’. 

9 SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT 

10 APPORTIONMENTS. 

11 (a) IN GENERAL.—Section 47117(c) is amended to 

12 read as follows: 

13 ‘‘(c) USE OF SPONSOR’S APPORTIONED AMOUNTS AT

14 PUBLIC USE AIRPORTS.—

15 (1) OF SPONSOR.—An amount apportioned to a 

16 sponsor of an airport under section 47114(c) or 

17 47114(d)(3)(A) of this title is available for grants 

18 for any public-use airport of the sponsor included in 

19 the national plan of integrated airport systems. 

20 ‘‘(2) IN SAME STATE OR AREA.—A sponsor of 

21 an airport may make an agreement with the Sec22 retary of Transportation waiving the sponsor’s claim 

23 to any part of the amount apportioned for the air24 port under section 47114(c) or 47114(d)(3)(A) if 

25 the Secretary agrees to make the waived amount 
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1 available for a grant for another public-use airport 

2 in the same State or geographical area as the air3 port, as determined by the Secretary.’’. 

4 (b) PROJECT GRANT AGREEMENTS.—Section 

5 47108(a) is amended by inserting ‘‘or 47114(d)(3)(A)’’ 

6 after ‘‘under section 47114(c)’’. 

7 (c) ALLOWABLE PROJECT COSTS.—Section 47110 is 

8 further amended—

9 (1) in subsection (b)(2)(C) by striking ‘‘of this 

10 title’’ and inserting ‘‘or section 47114(d)(3)(A)’’; 

11 (2) in subsection (g)—

12 (A) by inserting ‘‘or section 

13 47114(d)(3)(A)’’ after ‘‘of section 47114(c)’’; 

14 and 

15 (B) by striking ‘‘of project’’ and inserting 

16 ‘‘of the project’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(j) NONPRIMARY AIRPORTS.—The Secretary may 

19 decide that the costs of revenue producing aeronautical 

20 support facilities, including fuel farms and hangars, are 

21 allowable for an airport development project at a nonpri22 mary airport if the Government’s share of such costs is 

23 paid only with funds apportioned to the airport sponsor 

24 under section 47114(d)(3)(A) and if the Secretary deter-
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1 mines that the sponsor has made adequate provision for 

2 financing airside needs of the airport.’’. 

3 (d) TERMINAL DEVELOPMENT COSTS.—Section 

4 47119(b) is amended—

5 (1) by striking ‘‘or’’ at the end of paragraph 

6 (3); 

7 (2) by striking the period at the end of para8 graph (4) and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(5) to a sponsor of a nonprimary airport, any 

11 part of amounts apportioned to the sponsor for the 

12 fiscal year under section 47114(d)(3)(A) for project 

13 costs allowable under section 47110(d).’’. 

14 SEC. 513. USE OF APPORTIONED AMOUNTS. 

15 (a) SPECIAL APPORTIONMENT CATEGORIES.—Sec16 tion 47117(e)(1)(A) is amended—

17 (1) by striking ‘‘of this title’’ the first place it 

18 appears and inserting a comma; 

19 (2) by striking ‘‘of this title’’ the second place 

20 it appears and inserting ‘‘, for noise mitigation 

21 projects approved in an environmental record of de22 cision for an airport development project under this 

23 title, for compatible land use planning and projects 

24 carried out by State and local governments under 

25 section 47140, and for airport development de-
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1 scribed in section 47102(3)(K) or 47102(3)(L) to 

2 comply with the Clean Air Act (42 U.S.C. 7401 et 

3 seq.)’’. 

4 (b) ELIMINATION OF SUPER RELIEVER SET5 ASIDE.—Section 47117(e)(1)(C) is repealed. 

6 (c) RECOVERED FUNDS.—Section 47117 is further 

7 amended by adding at the end the following: 

8 ‘‘(h) TREATMENT OF CANCELED OR REDUCED

9 GRANT OBLIGATIONS.—For the purpose of determining 

10 compliance with a limitation, enacted in an appropriations 

11 Act, on the amount of grant obligations of funds made 

12 available by section 48103 that may be incurred in a fiscal 

13 year, an amount that is recovered by canceling or reducing 

14 a grant obligation of funds made available by section 

15 48103 shall be treated as a negative obligation that is to 

16 be netted against the obligation limitation as enacted and 

17 thus may permit the obligation limitation to be exceeded 

18 by an equal amount.’’. 

19 SEC. 514. MILITARY AIRPORT PROGRAM. 

20 Subsections (e) and (f) of section 47118 are each 

21 amended by striking ‘‘$7,000,000’’ and inserting 

22 ‘‘$10,000,000’’. 

23 SEC. 515. CONTRACT TOWERS. 

24 Section 47124(b) is amended—
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1 (1) in paragraph (1) by striking ‘‘December 30, 

2 1987,’’ and inserting ‘‘on date of enactment of the 

3 Flight 100—Century of Aviation Reauthorization 

4 Act’’; 

5 (2) in the heading for paragraph (3) by striking 

6 ‘‘PILOT’’; 

7 (3) in paragraph (4)(C) by striking 

8 ‘‘$1,100,000’’ and inserting ‘‘$1,500,000’’; and 

9 (4) by striking ‘‘pilot’’ each place it appears. 

10 SEC. 516. AIRPORT SAFETY DATA COLLECTION. 

11 Section 47130 is amended to read as follows: 

12 ‘‘§ 47130. Airport safety data collection 

13 ‘‘Notwithstanding any other provision of law, the Ad14 ministrator of the Federal Aviation Administration may 

15 award a contract, using sole source or limited source au16 thority, or enter into a cooperative agreement with, or pro17 vide a grant from amounts made available under section 

18 48103 to, a private company or entity for the collection 

19 of airport safety data. In the event that a grant is provided 

20 under this section, the United States Government’s share 

21 of the cost of the data collection shall be 100 percent.’’. 

22 SEC. 517. AIRPORT PRIVATIZATION PILOT PROGRAM. 

23 Section 47134(b)(1) is amended—

24 (1) in subparagraph (A) by striking clauses (i) 

25 and (ii) and inserting the following: 
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1 ‘‘(i) in the case of a primary airport, 

2 by at least 65 percent of the scheduled air 

3 carriers serving the airport and by sched4 uled and nonscheduled air carriers whose 

5 aircraft landing at the airport during the 

6 preceding calendar year, had a total landed 

7 weight during the preceding calendar year 

8 of at least 65 percent of the total landed 

9 weight of all aircraft landing at the airport 

10 during such year; or 

11 ‘‘(ii) by the Secretary at any nonpri12 mary airport after the airport has con13 sulted with the users of that airport, as de14 termined by the Secretary.’’; 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (3) by inserting after subparagraph (A) the fol18 lowing: 

19 ‘‘(B) OBJECTION TO EXEMPTION.—An air 

20 carrier shall be deemed to have approved a 

21 sponsor’s application for an exemption under 

22 subparagraph (A) unless the air carrier has 

23 submitted an objection, in writing, to the spon24 sor within 60 days of the filing of the sponsor’s 

25 application with the Secretary, or within 60 
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1 days of the service of the application upon that 

2 air carrier, whichever is later.’’. 

3 SEC. 518. INNOVATIVE FINANCING TECHNIQUES. 

4 (a) ELIGIBLE PROJECTS.—Section 47135(a) is 

5 amended—

6 (1) in the first sentence by striking ‘‘20’’ and 

7 inserting ‘‘10’’; and 

8 (2) by striking the second sentence and insert9 ing the following: ‘‘Such projects shall be located at 

10 airports that are not medium or large hub air11 ports.’’. 

12 (b) INNOVATIVE FINANCING TECHNIQUES.—Section 

13 47135(c)(2) is amended—

14 (1) by striking subparagraphs (A) and (B); 

15 (2) by redesignating subparagraphs (C) and 

16 (D) as subparagraphs (A) and (B), respectively; 

17 (3) in subparagraph (A) (as so redesignated) by 

18 striking ‘‘and’’ at the end; and 

19 (4) in subparagraph (B) (as so redesignated) by 

20 striking the period at the end and inserting ‘‘; and’’. 

21 SEC. 519. AIRPORT SECURITY PROGRAM. 

22 Section 47137 is amended—

23 (1) by redesignating subsections (e) and (f) as 

24 subsections (f) and (g), respectively; and 
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1 (2) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) ADMINISTRATION.—The Secretary, in coopera4 tion with the Secretary of Homeland Security, shall ad5 minister the program authorized by this section.’’. 

6 SEC. 520. LOW-EMISSION AIRPORT VEHICLES AND INFRA7 STRUCTURE. 

8 (a) EMISSIONS CREDITS.—Subchapter I of chapter 

9 471 is amended by adding at the end the following: 

10 ‘‘§ 47138. Emission credits for air quality projects. 

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

12 and the Administrator of the Environmental Protection 

13 Agency shall jointly agree on how to assure that airport 

14 sponsors receive appropriate emission credits for carrying 

15 out projects described in sections 40117(a)(3)(G), 

16 47102(3)(K), and 47102(3)(L). Such agreement must in17 clude, at a minimum, the following conditions: 

18 ‘‘(1) The provision of credits is consistent with 

19 the Clean Air Act (42 U.S.C. 7402 et seq.). 

20 ‘‘(2) Credits generated by the emissions reduc21 tions are kept by the airport sponsor and may only 

22 be used for purposes of any current or future gen23 eral conformity determination under the Clean Air 

24 Act or as offsets under the Environmental Protec25 tion Agency’s new source review program for 
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1 projects on the airport or associated with the air2 port. 

3 ‘‘(3) Credits are calculated and provided to air4 ports on a consistent basis nationwide. 

5 ‘‘(4) Credits are provided to airport sponsors in 

6 a timely manner. 

7 ‘‘(5) The establishment of a method to assure 

8 the Secretary that, for any specific airport project 

9 for which funding is being requested, the appro10 priate credits will be granted. 

11 ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.—

12 ‘‘(1) IN GENERAL.—As a condition for making 

13 a grant for a project described in section 

14 47102(3)(K), 47102(3)(L), or 47139 or as a condi15 tion for granting approval to collect or use a pas16 senger facility fee for a project described in section 

17 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 

18 47139, the Secretary must receive assurance from 

19 the State in which the project is located, or from the 

20 Administrator of the Environmental Protection 

21 Agency where there is a Federal implementation 

22 plan, that the airport sponsor will receive appro23 priate emission credits in accordance with the condi24 tions of this section. 
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1 ‘‘(2) AGREEMENT ON PREVIOUSLY APPROVED

2 PROJECTS.—The Secretary and the Administrator of 

3 the Environmental Protection Agency shall jointly 

4 agree on how to provide emission credits to airport 

5 projects previously approved under section 47136 

6 under terms consistent with the conditions enumer7 ated in this section.’’. 

8 (b) AIRPORT GROUND SUPPORT EQUIPMENT EMIS9 SIONS RETROFIT PILOT PROGRAM.—Subchapter I of 

10 chapter 471 is further amended by adding at the end the 

11 following: 

12 ‘‘§ 47139. Airport ground support equipment emis13 sions retrofit pilot program. 

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

15 shall carry out a pilot program at not more than 10 com16 mercial service airports under which the sponsors of such 

17 airports may use an amount made available under section 

18 48103 to retrofit existing eligible airport ground support 

19 equipment that burns conventional fuels to achieve lower 

20 emissions utilizing emission control technologies certified 

21 or verified by the Environmental Protection Agency. 

22 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

23 OR MAINTENANCE AREAS.—A commercial service airport 

24 shall be eligible for participation in the pilot program only 

25 if the airport is located in an air quality nonattainment 
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1 area (as defined in section 171(2) of the Clean Air Act 

2 (42 U.S.C. 7501(2)) or a maintenance area referred to 

3 in section 175A of such Act (42 U.S.C. 7505a). 

4 ‘‘(c) SELECTION CRITERIA.—In selecting from 

5 among applicants for participation in the pilot program, 

6 the Secretary shall give priority consideration to appli7 cants that will achieve the greatest air quality benefits 

8 measured by the amount of emissions reduced per dollar 

9 of funds expended under the pilot program. 

10 ‘‘(d) MAXIMUM AMOUNT.—Not more than $500,000 

11 may be expended under the pilot program at any single 

12 commercial service airport. 

13 ‘‘(e) GUIDELINES.—The Secretary, in consultation 

14 with the Administrator of the Environmental Protection 

15 Agency, shall establish guidelines regarding the types of 

16 retrofit projects eligible under the pilot program by consid17 ering remaining equipment useful life, amounts of emis18 sion reduction in relation to the cost of projects, and other 

19 factors necessary to carry out this section. The Secretary 

20 may give priority to ground support equipment owned by 

21 the airport and used for airport purposes. 

22 ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—In this sec23 tion, the term ‘eligible equipment’ means ground service 

24 or maintenance equipment that is owned by and located 

25 at the airport, is used to support aeronautical and related 
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1 activities at the airport, and will remain in operation at 

2 the airport for the life or useful life of the equipment, 

3 whichever is earlier.’’. 

4 (c) ADDITION TO AIRPORT DEVELOPMENT.—Section 

5 47102(3) is further amended by striking subparagraphs 

6 (K) and (L) and inserting the following: 

7 ‘‘(K) work necessary to construct or mod8 ify airport facilities to provide low-emission fuel 

9 systems, gate electrification, and other related 

10 air quality improvements at a commercial serv11 ice airport if the airport is located in an air 

12 quality nonattainment or maintenance area (as 

13 defined in sections 171(2) and 175A of the 

14 Clean Air Act (42 U.S.C. 7501(2), 7505a) and 

15 if such project will result in an airport receiving 

16 appropriate emission credits, as described in 

17 section 47138. 

18 ‘‘(L) converting vehicles and ground sup19 port equipment owned by a commercial service 

20 airport to low-emission technology or acquiring 

21 for use at a commercial service airport vehicles 

22 and ground support equipment that include 

23 low-emission technology if the airport is located 

24 in an air quality nonattainment area (as de25 fined in section 171(2) of the Clean Air Act (42 
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1 U.S.C. 7501(2)) or a maintenance area referred 

2 to in section 175A of such Act (42 U.S.C. 

3 7505a) and if such project will result in an air4 port receiving appropriate emission credits as 

5 described in section 47138.’’. 

6 (d) ALLOWABLE PROJECT COST.—Section 47110(b) 

7 is further amended—

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (4); 

10 (2) by striking the period at the end of para11 graph (5) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(6) in the case of a project for acquiring for 

14 use at a commercial service airport vehicles and 

15 ground support equipment that is not described in 

16 section 47102(3) and that include low-emission tech17 nology, if the total cost allowed for the project are 

18 not more than the incremental cost of equipping 

19 such vehicles or equipment with low-emission tech20 nology, as determined by the Secretary.’’. 

21 (e) LOW-EMISSION TECHNOLOGY EQUIPMENT.—Sec22 tion 47102 (as amended by section 501 of this Act) is 

23 further amended by inserting after paragraph (10) the fol24 lowing: 
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1 ‘‘(11) ‘low-emission technology’ means technology for 

2 vehicles and equipment whose emission performance is the 

3 best achievable under emission standards established by 

4 the Environmental Protection Agency and that relies ex5 clusively on alternative fuels that are substantially non6 petroleum based, as defined by the Department of Energy, 

7 but not excluding hybrid systems or natural gas powered 

8 vehicles.’’. 

9 (f) CONFORMING AMENDMENTS.—The analysis of 

10 subchapter I of chapter 471 is amended by adding at the 

11 end the following:

‘‘47138. Emission credits for air quality projects. 

‘‘47139. Airport ground support equipment emissions retrofit pilot program.’’.

12 SEC. 521. COMPATIBLE LAND USE PLANNING AND 

13 PROJECTS BY STATE AND LOCAL GOVERN14 MENTS. 

15 (a) IN GENERAL.—Subchapter I of chapter 471 is 

16 further amended by adding at the end the following: 

17 ‘‘§ 47140. Compatible land use planning and projects 

18 by State and local governments 

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

20 may make grants from amounts set aside under section 

21 47117(e)(1)(A) to States and units of local government 

22 for land use compatibility plans or projects resulting from 

23 those plans for the purposes of making the use of land 
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1 areas around large hub airports and medium hub airports 

2 compatible with aircraft operations if—

3 ‘‘(1) the airport operator has not submitted a 

4 noise compatibility program to the Secretary under 

5 section 47504 or has not updated such program 

6 within the past 10 years; and 

7 ‘‘(2) the land use plan meets the requirements 

8 of this section and any project resulting from the 

9 plan meets such requirements. 

10 ‘‘(b) ELIGIBILITY.—In order to receive a grant under 

11 this section, a State or unit of local government must—

12 ‘‘(1) have the authority to plan and adopt land 

13 use control measures, including zoning, in the plan14 ning area in and around a large or medium hub air15 port; 

16 ‘‘(2) provide written assurance to the Secretary 

17 that it will work with the affected airport to identify 

18 and adopt such measures; and 

19 ‘‘(3) provide written assurance to the Secretary 

20 that it will achieve, to the maximum extent possible, 

21 compatible land uses consistent with Federal land 

22 use compatibility criteria under section 47502(3) 

23 and that those compatible land uses will be main24 tained. 
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1 ‘‘(c) ASSURANCES.—The Secretary shall require a 

2 State or unit of local government to which a grant may 

3 be awarded under this section for a land use plan or a 

4 project resulting from such a plan to provide—

5 ‘‘(1) assurances satisfactory to the Secretary 

6 that the plan—

7 ‘‘(A) is reasonably consistent with the goal 

8 of reducing existing noncompatible land uses 

9 and preventing the introduction of additional 

10 noncompatible land uses; 

11 ‘‘(B) addresses ways to achieve and main12 tain compatible land uses, including zoning, 

13 building codes, and any other projects under 

14 section 47504(a)(2) that are within the author15 ity of the State or unit of local government to 

16 implement; 

17 ‘‘(C) uses noise contours provided by the 

18 airport operator that are consistent with the 

19 airport operation and planning, including any 

20 noise abatement measures adopted by the air21 port operator as part of its own noise mitiga22 tion efforts; 

23 ‘‘(D) does not duplicate, and is not incon24 sistent with, the airport operator’s noise com25 patibility measures for the same area; and 
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1 ‘‘(E) has received concurrence by the air2 port operator prior to adoption by the State or 

3 unit of local government; and 

4 ‘‘(2) such other assurances as the Secretary de5 termines to be necessary to carry out this section. 

6 ‘‘(d) GUIDELINES.—The Secretary shall establish 

7 guidelines to administer this section in accordance with 

8 the purposes and conditions described in this section. The 

9 Secretary may require the State or unit of local govern10 ment to which a grant may be awarded under this section 

11 to provide progress reports and other information as the 

12 Secretary determines to be necessary to carry out this sec13 tion. 

14 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may ap15 prove a grant under this section to a State or unit of local 

16 government for a land use compatibility project only if the 

17 Secretary is satisfied that the project is consistent with 

18 the guidelines established by the Secretary under this sec19 tion, that the State or unit of local government has pro20 vided the assurances required by this section, that the Sec21 retary has received evidence that the State or unit of local 

22 government has implemented (or has made provision to 

23 implement) those elements of the plan that are not eligible 

24 for Federal financial assistance, and that the project is 

25 not inconsistent with Federal standards. 
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1 ‘‘(f) SUNSET.—This section shall not be in effect 

2 after September 30, 2007.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis of 

4 subchapter I of chapter 471 is further amended by adding 

5 at the end the following:

‘‘47140. Compatible land use planning and projects by State and local governments.’’.

6 SEC. 522. MIDWAY ISLAND AIRPORT. 

7 (a) FINDINGS.—Congress finds that the continued 

8 operation of the Midway Island Airport in accordance with 

9 the standards of the Federal Aviation Administration ap10 plicable to commercial airports is critical to the safety of 

11 commercial, military, and general aviation in the mid-Pa12 cific Ocean region. 

13 (b) MEMORANDUM OF UNDERSTANDING ON SALE OF

14 AIRCRAFT FUEL.—The Secretary of Transportation shall 

15 enter into a memorandum of understanding with the Sec16 retaries of Defense, Interior, and Homeland Security to 

17 facilitate the sale of aircraft fuel on Midway Island at a 

18 price that will generate sufficient revenue to improve the 

19 ability of the airport to operate on a self-sustaining basis 

20 in accordance with the standards of the Federal Aviation 

21 Administration applicable to commercial airports. The 

22 memorandum shall also address the long-range potential 

23 of promoting tourism as a means to generate revenue to 

24 operate the airport. 
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1 (c) TRANSFER OF NAVIGATION AIDS AT MIDWAY IS2 LAND AIRPORT.—The Midway Island Airport may trans3 fer, without consideration, to the Administrator the navi4 gation aids at the airport. The Administrator shall accept 

5 the navigation aids and operate and maintain the naviga6 tion aids under criteria of the Administrator. 

7 (d) FUNDING TO THE SECRETARY OF INTERIOR FOR

8 MIDWAY ISLAND AIRPORT.—

9 (1) IN GENERAL.—Chapter 481 is amended by 

10 adding at the end the following: 

11 ‘‘§ 48114. Funding to the Secretary of Interior for 

12 Midway Island Airport 

13 ‘‘The following amounts shall be available (and shall 

14 remain available until expended) to the Secretary of Inte15 rior, out of the Airport and Airway Trust Fund estab16 lished under section 9502 of the Internal Revenue Code 

17 of 1986 (26 U.S.C. 9502), for airport capital projects at 

18 the Midway Island Airport: 

19 ‘‘(1) $750,000 for fiscal year 2004. 

20 ‘‘(2) $2,500,000 for fiscal year 2005. 

21 ‘‘(3) $1,000,000 for fiscal year 2006. 

22 ‘‘(4) $1,000,000 for fiscal year 2007.’’. 
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1 (2) CONFORMING AMENDMENT.—The analysis 

2 for chapter 481 is amended by adding at the end the 

3 following:

‘‘48114. Funding to the Secretary of Interior for Midway Island Airport.’’.

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