II 

Calendar No. 134

108TH CONGRESS 

1ST SESSION H. R. 2115

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2003

Received; read twice and placed on the calendar 

AN ACT

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

other purposes.

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

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

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

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to title 49, United States Code. 

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Federal Aviation Administration operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 104. Additional reauthorizations. 

Sec. 105. Insurance. 

Sec. 106. Pilot program for innovative financing for terminal automation replacement systems. 

TITLE II—AIRPORT PROJECT STREAMLINING 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Promotion of new runways. 

Sec. 204. Airport project streamlining. 

Sec. 205. Governor’s certificate. 

Sec. 206. Construction of certain airport capacity projects. 

Sec. 207. Limitations. 

Sec. 208. Relationship to other requirements. 

TITLE III—FEDERAL AVIATION REFORM 

Sec. 301. Management advisory committee members. 

Sec. 302. Reorganization of the Air Traffic Services Subcommittee. 

Sec. 303. Clarification of the responsibilities of the Chief Operating Officer. 

Sec. 304. Small Business Ombudsman. 

Sec. 305. FAA purchase cards. 

TITLE IV—AIRLINE SERVICE IMPROVEMENTS 

Sec. 401. Improvement of aviation information collection. 

Sec. 402. Data on incidents and complaints involving passenger and baggage 

security screening. 

Sec. 403. Definitions. 

Sec. 404. Clarifications to procurement authority. 

Sec. 405. Low-emission airport vehicles and ground support equipment. 

Sec. 406. Streamlining of the passenger facility fee program. 

Sec. 407. Financial management of passenger facility fees. 

Sec. 408. Government contracting for air transportation. 

Sec. 409. Overflights of national parks. 
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Sec. 410. Collaborative decisionmaking pilot program. 

Sec. 411. Availability of aircraft accident site information. 

Sec. 412. Slot exemptions at Ronald Reagan Washington National Airport. 

Sec. 413. Notice concerning aircraft assembly. 

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

Sec. 415. Small community air service. 

Sec. 416. Type certificates. 

Sec. 417. Design organization certificates. 

Sec. 418. Counterfeit or fraudulently represented parts violations. 

Sec. 419. Runway safety standards. 

Sec. 420. Availability of maintenance information. 

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

Sec. 422. Flight attendant certification. 

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

Sec. 424. Noise exposure maps. 

Sec. 425. Amendment of general fee schedule provision. 

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

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

Sec. 428. Air quality in aircraft cabins. 

Sec. 429. Recommendations concerning travel agents. 

Sec. 430. Task force on enhanced transfer of applications of technology for 

military aircraft to civilian aircraft. 

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

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

Sec. 433. FAA inspector training. 

Sec. 434. Prohibition on air traffic control privatization. 

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

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

Sec. 437. International air show. 

Sec. 438. Definition of air traffic controller. 

Sec. 439. Justification for air defense identification zone. 

Sec. 440. International air transportation. 

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

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

Sec. 443. Charter airlines. 

Sec. 444. Implementation of chapter 4 noise standards. 

Sec. 445. Crew training. 

Sec. 446. Review of compensation criteria. 

Sec. 447. Review of certain aircraft operations in Alaska. 

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. 
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Sec. 509. Apportionments to primary airports. 

Sec. 510. Cargo airports. 

Sec. 511. Considerations in making discretionary grants. 

Sec. 512. Flexible funding for nonprimary airport apportionments. 

Sec. 513. Use of apportioned amounts. 

Sec. 514. Military airport program. 

Sec. 515. Terminal development costs. 

Sec. 516. Contract towers. 

Sec. 517. Airport safety data collection. 

Sec. 518. Airport privatization pilot program. 

Sec. 519. Innovative financing techniques. 

Sec. 520. Airport security program. 

Sec. 521. Low-emission airport vehicles and infrastructure. 

Sec. 522. Compatible land use planning and projects by State and local governments. 

Sec. 523. Prohibition on requiring airports to provide rent-free space for Federal Aviation Administration. 

Sec. 524. Midway Island Airport. 

Sec. 525. Intermodal planning. 

Sec. 526. Status review of Marshall Islands airport. 

Sec. 527. Report on waivers of preference for buying goods produced in the 

United States. 

TITLE VI—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 

EXPENDITURE AUTHORITY 

Sec. 601. Extension of expenditure authority.

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. 

8 SEC. 3. EFFECTIVE DATE. 

9 Except as otherwise expressly provided, this Act and 

10 the amendments made by this Act shall be effective on 

11 the date of enactment of this Act. 
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1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER3 ATIONS. 

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

5 read as follows: 

6 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) SALARIES, OPERATIONS, AND MAINTE8 NANCE.—There is authorized to be appropriated to 

9 the Secretary of Transportation for salaries, oper10 ations, and maintenance of the Administration—

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

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

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

14 and 

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

16 Such sums shall remain available until expended. 

17 ‘‘(2) OPERATION OF CENTER FOR MANAGE18 MENT AND DEVELOPMENT.—Out of amounts appro19 priated under paragraph (1), such sums as may be 

20 necessary may be expended by the Center for Man21 agement Development of the Federal Aviation Ad22 ministration to operate at least 200 courses each 

23 year and to support associated student travel for 

24 both residential and field courses. 
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1 ‘‘(3) AIR TRAFFIC MANAGEMENT SYSTEM.—Out 

2 of amounts appropriated under paragraph (1), such 

3 sums as may be necessary may be expended by the 

4 Federal Aviation Administration for the establish5 ment and operation of a new office to develop, in co6 ordination with the Department of Defense, the Na7 tional Aeronautics and Space Administration, and 

8 the Department of Homeland Security, the next gen9 eration air traffic management system and a transi10 tion plan for the implementation of that system. The 

11 office shall be known as the ‘Next Generation Air 

12 Transportation System Joint Program Office’. 

13 ‘‘(4) HELICOPTER AND TILTROTOR PROCE14 DURES.—Out of amounts appropriated under para15 graph (1), such sums as may be necessary may be 

16 expended by the Federal Aviation Administration for 

17 the establishment of helicopter and tiltrotor ap18 proach and departure procedures using advanced 

19 technologies, such as the Global Positioning System 

20 and automatic dependent surveillance, to permit op21 erations in adverse weather conditions to meet the 

22 needs of air ambulance services. 

23 ‘‘(5) ADDITIONAL AIR TRAFFIC CONTROL24 LERS.—Out of amounts appropriated under para25 graph (1), such sums as may be necessary may be 
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1 expended to hire additional air traffic controllers in 

2 order to meet increasing air traffic demands and to 

3 address the anticipated increase in the retirement of 

4 experienced air traffic controllers. 

5 ‘‘(6) COMPLETION OF ALASKA AVIATION SAFE6 TY PROJECT.—Out of amounts appropriated under 

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

8 completion of the Alaska aviation safety project with 

9 respect to the 3 dimensional mapping of Alaska’s 

10 main aviation corridors. 

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

12 Out of amounts appropriated under paragraph (1), 

13 $3,400,000 may be expended on the Aviation Safety 

14 Reporting System.’’. 

15 (b) AIRLINE DATA AND ANALYSIS.—There is author16 ized to be appropriated to the Secretary of Transportation, 

17 out of the Airport and Airway Trust Fund established by 

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

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

20 $4,045,000 for fiscal year 2005, $4,127,000 for fiscal year 

21 2006, and $4,219,000 for fiscal year 2007 to gather air22 line data and conduct analyses of such data in the Bureau 

23 of Transportation Statistics of the Department of Trans24 portation. 

25 (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 (d) GOALS AND OBJECTIVES OF AVIATION SAFETY

16 REPORTING SYSTEM.—Not later than 90 days after the 

17 date of enactment of this Act, the Administrator shall 

18 transmit to Congress a report on the long-term goals and 

19 objectives of the Aviation Safety Reporting System and 

20 how such system interrelates with other safety reporting 

21 systems of the Federal Government. 

22 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

23 Section 48101 is amended—

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

25 through (5) and inserting the following: 
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1 ‘‘(1) $3,138,000,000 for fiscal year 2004; 

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

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

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

5 (2) by striking subsection (b); 

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

7 (4) by striking subsections (d) and (e) and in8 serting the following: 

9 ‘‘(c) ENHANCED SAFETY AND SECURITY FOR AIR10 CRAFT OPERATIONS IN THE GULF OF MEXICO.—Of 

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

12 may be necessary for fiscal years 2004 through 2007 may 

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

14 security of air traffic control, navigation, low altitude com15 munications and surveillance, and weather services in the 

16 Gulf of Mexico. 

17 ‘‘(d) OPERATIONAL BENEFITS OF WAKE VORTEX

18 ADVISORY SYSTEM.—Of amounts appropriated under sub19 section (a), $20,000,000 for each of fiscal years 2004 

20 through 2007 may be used to document and demonstrate 

21 the operational benefits of a wake vortex advisory system. 

22 ‘‘(e) GROUND-BASED PRECISION NAVIGATIONAL

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

24 $20,000,000 for each of fiscal years 2004 to 2007 may 

25 be used to establish a program for the installation, oper-
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1 ation, and maintenance of a closed-loop precision approach 

2 aid designed to improve aircraft accessibility at moun3 tainous airports with limited land if the approach aid is 

4 able to provide curved and segmented approach guidance 

5 for noise abatement purposes and has been certified or 

6 approved by the Administrator.’’; and 

7 (5) in subsection (f)—

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

9 after September 30, 2000’’; and 

10 (B) by inserting ‘‘may be used’’ after ‘‘nec11 essary’’. 

12 SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND 

13 NOISE COMPATIBILITY PLANNING AND PRO14 GRAMS. 

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

16 (1) by striking ‘‘September 30, 1998’’ and in17 serting ‘‘September 30, 2003’’; and 

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

19 inserting: 

20 ‘‘(1) $3,400,000,000 for fiscal year 2004; 

21 ‘‘(2) $3,600,000,000 for fiscal year 2005; 

22 ‘‘(3) $3,800,000,000 for fiscal year 2006; and 

23 ‘‘(4) $4,000,000,000 for fiscal year 2007.’’. 
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1 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 

2 is amended by striking ‘‘September 30, 2003’’ and insert3 ing ‘‘September 30, 2007’’. 

4 SEC. 104. ADDITIONAL REAUTHORIZATIONS. 

5 (a) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT

6 PROGRAM.—Section 47124(b)(3)(E) is amended by strik7 ing ‘‘$6,000,000 per fiscal year’’ and inserting 

8 ‘‘$6,500,000 for fiscal year 2004, $7,000,000 for fiscal 

9 year 2005, $7,500,000 for fiscal year 2006, and 

10 $8,000,000 for fiscal year 2007’’. 

11 (b) SMALL COMMUNITY AIR SERVICE.—Section 

12 41743(e)(2) is amended—

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

14 and inserting a comma; and 

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

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

17 through 2008’’. 

18 (c) REGIONAL AIR SERVICE INCENTIVE PROGRAM.—

19 Section 41766 is amended by striking ‘‘2003’’ and insert20 ing ‘‘2007’’. 

21 (d) FUNDING FOR AVIATION PROGRAMS.—Section 

22 106 of the Wendell H. Ford Aviation Investment and Re23 form Act for the 21st Century (49 U.S.C. 48101 note) 

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

25 inserting ‘‘2007’’. 
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1 (e) DESIGN-BUILD CONTRACTING.—Section 139(e) 

2 of the Wendell H. Ford Aviation Investment and Reform 

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

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

5 (f) METROPOLITAN WASHINGTON AIRPORTS AU6 THORITY.—Section 49108 is amended by striking ‘‘2004’’ 

7 and inserting ‘‘2007’’. 

8 SEC. 105. INSURANCE. 

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

10 read as follows: 

11 ‘‘§ 44310. Termination date 

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

13 Secretary of Transportation to provide insurance and rein14 surance under this chapter shall be limited to—

15 ‘‘(1) the operation of an aircraft by an air car16 rier or foreign air carrier in foreign air commerce or 

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

18 the United States; and 

19 ‘‘(2) insurance obtained by a department, agen20 cy, or instrumentality of the United States under 

21 section 44305.’’. 

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

23 is amended by striking ‘‘through December 31, 2004,’’ 

24 and inserting ‘‘thereafter’’. 
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1 (c) AIRCRAFT MANUFACTURER LIABILITY FOR

2 THIRD PARTY CLAIMS ARISING OUT OF ACTS OF TER3 RORISM.—Section 44303(b) is amended by adding at the 

4 end the following: ‘‘The Secretary may extend the provi5 sions of this subsection to the United States manufacturer 

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

7 carrier involved.’’. 

8 (d) VENDORS, AGENTS, SUBCONTRACTORS, AND

9 MANUFACTURERS.—

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

11 (A) by redesignating section 44310 (as 

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

13 section 44311; and 

14 (B) by inserting after section 44309 the 

15 following: 

16 ‘‘§ 44310. Vendors, agents, subcontractors, and manu17 facturers 

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

19 may extend the application of any provision of this chapter 

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

21 carrier and a United States manufacturer of an aircraft 

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

23 involved an aircraft of an air carrier. 

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

25 In this section, the term ‘United States manufacturer’ 
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1 means a manufacturer incorporated under the laws of a 

2 State of the United States and having its principal place 

3 of business in the United States.’’. 

4 (2) CONFORMING AMENDMENT.—The analysis 

5 for chapter 443 is amended by striking the item re6 lating to section 44310 and inserting the following:

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

‘‘44311. Termination date.’’.

7 (e) TECHNICAL CORRECTIONS.—Effective November 

8 19, 2001, section 124(b) of the Aviation and Transpor9 tation Security Act (115 Stat. 631) is amended by striking 

10 ‘‘to carry out foreign policy’’ and inserting ‘‘to carry out 

11 the foreign policy’’. 

12 SEC. 106. PILOT PROGRAM FOR INNOVATIVE FINANCING 

13 FOR TERMINAL AUTOMATION REPLACEMENT 

14 SYSTEMS. 

15 (a) IN GENERAL.—In order to test the cost-effective16 ness and feasibility of long-term financing of moderniza17 tion of major air traffic control systems, the Administrator 

18 of the Federal Aviation Administration may establish a 

19 pilot program to test innovative financing techniques 

20 through amending a contract, subject to section 1341 of 

21 title 31, United States Code, of more than one, but not 

22 more than 20, fiscal years to purchase and install terminal 

23 automation replacement systems for the Administration. 
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1 Such amendments may be for more than one, but not 

2 more than 10 fiscal years. 

3 (b) CANCELLATION.—A contract described in sub4 section (a) may include a cancellation provision if the Ad5 ministrator determines that such a provision is necessary 

6 and in the best interest of the United States. Any such 

7 provision shall include a cancellation liability schedule that 

8 covers reasonable and allocable costs incurred by the con9 tractor through the date of cancellation plus reasonable 

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

11 apply if the contract is terminated by default of the con12 tractor. 

13 (c) CONTRACT PROVISIONS.—If feasible and prac14 ticable for the pilot program, the Administrator may make 

15 an advance contract provision to achieve economic-lot pur16 chases and more efficient production rates. 

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

18 a contract under this section until the program for the 

19 terminal automation replacement systems has been 

20 rebaselined in accordance with the acquisition manage21 ment system of the Administration. 

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

23 year during the term of the pilot program, the Adminis24 trator shall transmit to the Committee on Commerce, 

25 Science, and Transportation of the Senate and the Com-
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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives a report on how the Administrator has 

3 implemented in such fiscal year the pilot program, the 

4 number and types of contracts or contract amendments 

5 that are entered into under the program, and the pro6 gram’s cost-effectiveness. 

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

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

9 used to carry out this section. 

10 TITLE II—AIRPORT PROJECT 

11 STREAMLINING 

12 SEC. 201. SHORT TITLE. 

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

14 Approval Process Act of 2003’’. 

15 SEC. 202. FINDINGS. 

16 Congress finds that—

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

18 foreign commerce; 

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

20 airports have a significant negative impact on our 

21 Nation’s economy; 

22 (3) airport capacity enhancement projects at 

23 congested airports are a national priority and should 

24 be constructed on an expedited basis; 
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1 (4) airport capacity enhancement projects must 

2 include an environmental review process that pro3 vides local citizenry an opportunity for consideration 

4 of and appropriate action to address environmental 

5 concerns; and 

6 (5) the Federal Aviation Administration, airport 

7 authorities, communities, and other Federal, State, 

8 and local government agencies must work together 

9 to develop a plan, set and honor milestones and 

10 deadlines, and work to protect the environment while 

11 sustaining the economic vitality that will result from 

12 the continued growth of aviation. 

13 SEC. 203. PROMOTION OF NEW RUNWAYS. 

14 Section 40104 is amended by adding at the end the 

15 following: 

16 ‘‘(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS

17 AT CONGESTED AIRPORTS.—In carrying out subsection 

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

19 construction of airport capacity enhancement projects at 

20 congested airports as those terms are defined in section 

21 47178.’’. 

22 SEC. 204. AIRPORT PROJECT STREAMLINING. 

23 (a) IN GENERAL.—Chapter 471 is amended by in24 serting after section 47153 the following: 
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1 ‘‘SUBCHAPTER III—AIRPORT PROJECT 

2 STREAMLINING 

3 ‘‘§ 47171. DOT as lead agency 

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

5 Secretary of Transportation shall develop and implement 

6 a coordinated review process for airport capacity enhance7 ment projects at congested airports. 

8 ‘‘(b) COORDINATED REVIEWS.—

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

10 process under this section shall provide that all envi11 ronmental reviews, analyses, opinions, permits, li12 censes, and approvals that must be issued or made 

13 by a Federal agency or airport sponsor for an air14 port capacity enhancement project at a congested 

15 airport will be conducted concurrently, to the max16 imum extent practicable, and completed within a 

17 time period established by the Secretary, in coopera18 tion with the agencies identified under subsection (c) 

19 with respect to the project. 

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

21 agency identified under subsection (c) shall formu22 late and implement administrative, policy, and pro23 cedural mechanisms to enable the agency to ensure 

24 completion of environmental reviews, analyses, opin25 ions, permits, licenses, and approvals described in 
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1 paragraph (1) in a timely and environmentally re2 sponsible manner. 

3 ‘‘(c) IDENTIFICATION OF JURISDICTIONAL AGEN4 CIES.—With respect to each airport capacity enhancement 

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

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

7 may have jurisdiction over environmental-related matters 

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

9 by law to conduct an environmental-related review or anal10 ysis of the project or determine whether to issue an envi11 ronmental-related permit, license, or approval for the 

12 project. 

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

14 process is being implemented under this section by the 

15 Secretary with respect to a project at an airport within 

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

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

18 that all State agencies that have jurisdiction over environ19 mental-related matters that may be affected by the project 

20 or may be required by law to conduct an environmental21 related review or analysis of the project or determine 

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

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

24 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—The co25 ordinated review process developed under this section may 
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1 be incorporated into a memorandum of understanding for 

2 a project between the Secretary and the heads of other 

3 Federal and State agencies identified under subsection (c) 

4 with respect to the project and the airport sponsor. 

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

6 ‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—

7 If the Secretary determines that a Federal agency, 

8 State agency, or airport sponsor that is participating 

9 in a coordinated review process under this section 

10 with respect to a project has not met a deadline es11 tablished under subsection (b) for the project, the 

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

13 such determination, the Committee on Transpor14 tation and Infrastructure of the House of Represent15 atives, the Committee on Commerce, Science, and 

16 Transportation of the Senate, the Council on Envi17 ronmental Quality, and the agency or sponsor in18 volved about the failure to meet the deadline. 

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

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

21 the agency or sponsor involved shall submit a report 

22 to the Secretary, the Committee on Transportation 

23 and Infrastructure of the House of Representatives, 

24 the Committee on Commerce, Science, and Trans25 portation of the Senate, and the Council on Environ-
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1 mental Quality explaining why the agency or sponsor 

2 did not meet the deadline and what actions it in3 tends to take to complete or issue the required re4 view, analysis, opinion, permit, license, or approval. 

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

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

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

8 is participating in a coordinated review process under this 

9 section with respect to an airport capacity enhancement 

10 project at a congested airport and that requires an anal11 ysis of purpose and need for the project, the agency, not12 withstanding any other provision of law, shall be bound 

13 by the project purpose and need as defined by the Sec14 retary. 

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

16 determine the reasonable alternatives to an airport capac17 ity enhancement project at a congested airport. Any other 

18 Federal or State agency that is participating in a coordi19 nated review process under this section with respect to the 

20 project shall consider only those alternatives to the project 

21 that the Secretary has determined are reasonable. 

22 ‘‘(i) SOLICITATION AND CONSIDERATION OF COM23 MENTS.—In applying subsections (g) and (h), the Sec24 retary shall solicit and consider comments from interested 

25 persons and governmental entities. 
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1 ‘‘(j) MONITORING BY TASK FORCE.—The Transpor2 tation Infrastructure Streamlining Task Force, estab3 lished by Executive Order 13274 (67 Fed. Reg. 59449; 

4 relating to environmental stewardship and transportation 

5 infrastructure project reviews), may monitor airport 

6 projects that are subject to the coordinated review process 

7 under this section. 

8 ‘‘§ 47172. Categorical exclusions 

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

10 of this section, the Secretary of Transportation shall de11 velop and publish a list of categorical exclusions from the 

12 requirement that an environmental assessment or an envi13 ronmental impact statement be prepared under the Na14 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

15 et seq.) for projects at airports. 

16 ‘‘§ 47173. Access restrictions to ease construction 

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

18 airport, the Secretary of Transportation may approve a 

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

20 airport to minimize potentially significant adverse noise 

21 impacts from the runway only if the Secretary determines 

22 that imposition of the restriction—

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

24 expedite construction of the runway; 
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1 ‘‘(2) is the most appropriate and a cost-effective 

2 measure to mitigate those impacts, taking into con3 sideration any environmental tradeoffs associated 

4 with the restriction; and 

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

6 communities, adversely affect safety or efficiency of 

7 the national airspace system, unjustly discriminate 

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

9 an undue burden on interstate or foreign commerce. 

10 ‘‘§ 47174. Airport revenue to pay for mitigation 

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

12 47107(b), section 47133, or any other provision of this 

13 title, the Secretary of Transportation may allow an airport 

14 sponsor carrying out an airport capacity enhancement 

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

16 revenues generated at the airport (including local taxes on 

17 aviation fuel), for measures to mitigate the environmental 

18 impacts of the project if the Secretary finds that—

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

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

21 project in the documentation prepared pursuant to 

22 the National Environmental Policy Act of 1969 (42 

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

24 ‘‘(2) the use of such revenues will provide a sig25 nificant incentive for, or remove an impediment to, 
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1 approval of the project by a State or local govern2 ment; and 

3 ‘‘(3) the cost of the mitigation measures is rea4 sonable in relation to the mitigation that will be 

5 achieved. 

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

7 measures described in subsection (a) may include the insu8 lation of residential buildings and buildings used primarily 

9 for educational or medical purposes to mitigate the effects 

10 of aircraft noise and the improvement of such buildings 

11 as required for the insulation of the buildings under local 

12 building codes. 

13 ‘‘§ 47175. Airport funding of FAA staff 

14 ‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED

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

16 Administrator of the Federal Aviation Administration may 

17 accept funds from an airport sponsor, including funds pro18 vided to the sponsor under section 47114(c), to hire addi19 tional staff or obtain the services of consultants in order 

20 to facilitate the timely processing, review, and completion 

21 of environmental activities associated with an airport de22 velopment project. 

23 ‘‘(b) ADMINISTRATIVE PROVISION.—Instead of pay24 ment from an airport sponsor from funds apportioned to 

25 the sponsor under section 47114, the Administrator, with 
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1 agreement of the sponsor, may transfer funds that would 

2 otherwise be apportioned to the sponsor under section 

3 47114 to the account used by the Administrator for activi4 ties described in subsection (a). 

5 ‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC6 TIONS.—Notwithstanding section 3302 of title 31, any 

7 funds accepted under this section, except funds trans8 ferred pursuant to subsection (b)—

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

10 the account that finances the activities and services 

11 for which the funds are accepted; 

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

13 pay the costs of activities and services for which the 

14 funds are accepted; and 

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

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

17 accepted pursuant to subsection (a), or transferred pursu18 ant to subsection (b), in any fiscal year in which the Fed19 eral Aviation Administration does not allocate at least the 

20 amount it expended in fiscal year 2002, excluding 

21 amounts accepted pursuant to section 337 of the Depart22 ment of Transportation and Related Agencies Appropria23 tions Act, 2002 (115 Stat. 862), for the activities de24 scribed in subsection (a). 
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1 ‘‘§ 47176. Authorization of appropriations 

2 ‘‘In addition to the amounts authorized to be appro3 priated under section 106(k), there is authorized to be ap4 propriated to the Secretary of Transportation, out of the 

5 Airport and Airway Trust Fund established under section 

6 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 

7 9502), $4,200,000 for fiscal year 2004 and for each fiscal 

8 year thereafter to facilitate the timely processing, review, 

9 and completion of environmental activities associated with 

10 airport capacity enhancement projects at congested air11 ports. 

12 ‘‘§ 47177. Designation of aviation safety and aviation 

13 security projects for priority environ14 mental review 

15 ‘‘(a) IN GENERAL.—The Administrator of the Fed16 eral Aviation Administration may designate an aviation 

17 safety or aviation security project for priority environ18 mental review. The Administrator may not delegate this 

19 designation authority. 

20 ‘‘(b) PROJECT DESIGNATION CRITERIA.—The Ad21 ministrator shall establish guidelines for the designation 

22 of an aviation safety or aviation security project for pri23 ority environmental review. Such guidelines shall include 

24 consideration of—

25 ‘‘(1) the importance or urgency of the project; 
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1 ‘‘(2) the potential for undertaking the environ2 mental review under existing emergency procedures 

3 under the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.); 

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

6 reviews by other Federal or State agencies; and 

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

8 is not designated for priority review. 

9 ‘‘(c) COORDINATED ENVIRONMENTAL REVIEWS.—

10 ‘‘(1) TIMELINES AND HIGH PRIORITY FOR CO11 ORDINATED ENVIRONMENTAL REVIEWS.—The Ad12 ministrator, in consultation with the heads of af13 fected agencies, shall establish specific timelines for 

14 the coordinated environmental review of an aviation 

15 safety or aviation security project designated under 

16 subsection (a). Such timelines shall be consistent 

17 with the timelines established in existing laws and 

18 regulations. Each Federal agency with responsibility 

19 for project environmental reviews, analyses, opinions, 

20 permits, licenses, and approvals shall accord any 

21 such review a high priority and shall conduct the re22 view expeditiously and, to the maximum extent pos23 sible, concurrently with other such reviews. 

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

25 agency identified under subsection (c) shall formu-
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1 late and implement administrative, policy, and pro2 cedural mechanisms to enable the agency to ensure 

3 completion of environmental reviews, analyses, opin4 ions, permits, licenses, and approvals described in 

5 paragraph (1) in a timely and environmentally re6 sponsible manner. 

7 ‘‘(d) STATE PARTICIPATION.—

8 ‘‘(1) INVITATION TO PARTICIPATE.—If a pri9 ority environmental review process is being imple10 mented under this section with respect to a project 

11 within the boundaries of a State with applicable 

12 State environmental requirements and approvals, the 

13 Administrator shall invite the State to participate in 

14 the process. 

15 ‘‘(2) STATE CHOICE.—A State invited to par16 ticipate in a priority environmental review process, 

17 consistent with State law, may choose to participate 

18 in such process and direct that all State agencies, 

19 which have jurisdiction by law to conduct an envi20 ronmental review or analysis of the project to deter21 mine whether to issue an environmentally related 

22 permit, license, or approval for the project, be sub23 ject to the process. 

24 ‘‘(e) FAILURE TO GIVE PRIORITY REVIEW.—
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1 ‘‘(1) NOTICE.—If the Secretary of Transpor2 tation determines that a Federal agency or a partici3 pating State is not complying with the requirements 

4 of this section and that such noncompliance is un5 dermining the environmental review process, the 

6 Secretary shall notify, within 30 days of such deter7 mination, the head of the Federal agency or, with 

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

9 ‘‘(2) REPORT TO SECRETARY.—A Federal agen10 cy that receives a copy of a notification relating to 

11 that agency made by the Secretary under paragraph 

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

13 copy, a written report to the Secretary explaining 

14 the reasons for the situation described in the notifi15 cation and what remedial actions the agency intends 

16 to take. 

17 ‘‘(3) NOTIFICATION OF CEQ AND COMMIT18 TEES.—If the Secretary determines that a Federal 

19 agency has not satisfactorily addressed the problems 

20 within a reasonable period of time following a notifi21 cation under paragraph (1), the Secretary shall no22 tify the Committee on Transportation and Infra23 structure of the House of Representatives, the Com24 mittee on Commerce, Science and Transportation of 
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1 the Senate, and the Council on Environmental Qual2 ity. 

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

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

5 47171 shall apply with respect to an aviation safety or 

6 aviation security project under this section in the same 

7 manner and to the same extent as such procedures apply 

8 to an airport capacity enhancement project at a congested 

9 airport under section 47171. 

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

11 definitions apply: 

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

13 ‘aviation safety project’ means an aviation project 

14 that—

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

16 the risk of injury to persons or damage to air17 craft and property, as determined by the Ad18 ministrator; and 

19 ‘‘(B)(i) is needed to respond to a rec20 ommendation from the National Transportation 

21 Safety Board; or 

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

23 with part 139 of title 14, Code of Federal Reg24 ulations (relating to airport certification). 
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1 ‘‘(2) AVIATION SECURITY PROJECT.—The term 

2 ‘aviation security project’ means a security project 

3 at an airport required by the Department of Home4 land Security. 

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

6 agency’ means a department or agency of the United 

7 States Government. 

8 ‘‘§ 47178. Definitions 

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

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

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

12 under section 47102. 

13 ‘‘(2) CONGESTED AIRPORT.—The term ‘con14 gested airport’ means an airport that accounted for 

15 at least 1 percent of all delayed aircraft operations 

16 in the United States in the most recent year for 

17 which such data is available and an airport listed in 

18 table 1 of the Federal Aviation Administration’s Air19 port Capacity Benchmark Report 2001. 

20 ‘‘(3) AIRPORT CAPACITY ENHANCEMENT

21 PROJECT.—The term ‘airport capacity enhancement 

22 project’ means—

23 ‘‘(A) a project for construction or exten24 sion of a runway, including any land acquisi-
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1 tion, taxiway, or safety area associated with the 

2 runway or runway extension; and 

3 ‘‘(B) such other airport development 

4 projects as the Secretary may designate as fa5 cilitating a reduction in air traffic congestion 

6 and delays.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

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

9 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.’’.

10 SEC. 205. GOVERNOR’S CERTIFICATE. 

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

12 amended—

13 (1) in paragraph (1)—

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

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

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

17 (C) by redesignating subparagraph (C) as 

18 subparagraph (B); 

19 (2) in paragraph (2)(A) by striking ‘‘stage 2’’ 

20 and inserting ‘‘stage 3’’; 
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1 (3) by striking paragraph (4); and 

2 (4) by redesignating paragraph (5) as para3 graph (4). 

4 SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY 

5 PROJECTS. 

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

7 is amended—

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

9 ems to the right; 

10 (2) by striking ‘‘and’’ at the end of subpara11 graph (C); 

12 (3) by striking the period at the end of sub13 paragraph (D) and inserting ‘‘; and’’; and 

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

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

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

17 of local government referred to in paragraph 

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

19 to mitigate noise in the area surrounding the 

20 airport if the project is included as a commit21 ment in a record of decision of the Federal 

22 Aviation Administration for an airport capacity 

23 enhancement project (as defined in section 

24 47178) even if that airport has not met the re-
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1 quirements of part 150 of title 14, Code of Fed2 eral Regulations.’’. 

3 SEC. 207. LIMITATIONS. 

4 Nothing in this title, including any amendment made 

5 by this title, shall preempt or interfere with—

6 (1) any practice of seeking public comment; 

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

8 State agency or an airport sponsor has with respect 

9 to carrying out an airport capacity enhancement 

10 project; and 

11 (3) any obligation to comply with the provisions 

12 of the National Environmental Policy Act of 1969 

13 (42 U.S.C. 4371 et seq.) and the regulations issued 

14 by the Council on Environmental Quality to carry 

15 out such Act. 

16 SEC. 208. RELATIONSHIP TO OTHER REQUIREMENTS. 

17 The coordinated review process required under the 

18 amendments made by this title shall apply to an airport 

19 capacity enhancement project at a congested airport 

20 whether or not the project is designated by the Secretary 

21 of Transportation as a high-priority transportation infra22 structure project under Executive Order 13274 (67 Fed. 

23 Reg. 59449; relating to environmental stewardship and 

24 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 and 

8 (2) in paragraph (2)—

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

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

11 ‘‘consist of 13 members, who’’; 

12 (B) by inserting after ‘‘Senate’’ in sub13 paragraph (C)(i) ‘‘, except that initial appoint14 ments made after May 1, 2003, shall be made 

15 by the Secretary of Transportation’’; 

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

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

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

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

23 SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERV24 ICES SUBCOMMITTEE. 

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

2 (A) by striking ‘‘(A) NO FEDERAL OFFI3 CER OR EMPLOYEE.—’’; 

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

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

6 (C) by striking subparagraphs (B) and 

7 (C); 

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

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

10 it appears; 

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

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

13 (4) in paragraph (6)(C)—

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

15 subparagraph heading and inserting ‘‘BOARD’’; 

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

16 ‘‘Board’’; and 

17 (B) by striking ‘‘appointed under para18 graph (2)(E)’’; 

19 (9) in paragraph (6)(H)—

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

21 subparagraph heading and inserting ‘‘BOARD’’; 

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

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

24 (C) by striking ‘‘Air Traffic Services Sub25 committee’’ and inserting ‘‘Board’’; 
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1 (10) in paragraph (6)(I)(i)—

2 (A) by striking ‘‘appointed under para3 graph (2)(E) is’’ and inserting ‘‘is serving as’’; 

4 and 

5 (B) by striking ‘‘Subcommittee’’ and in6 serting ‘‘Board’’; 

7 (11) in paragraph (6)(I)(ii)—

8 (A) by striking ‘‘appointed under para9 graph (2)(E)’’ and inserting ‘‘who is a member 

10 of the Board’’; and 

11 (B) by striking ‘‘Subcommittee’’ and in12 serting ‘‘Board’’; 

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

14 Board’’ after ‘‘Council’’; 

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

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

17 (14) in paragraph (7)—

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

19 paragraph heading and inserting ‘‘BOARD’’; 

20 (B) by striking subparagraph (A) and in21 serting the following: 

22 ‘‘(A) ESTABLISHMENT.—The Adminis23 trator shall establish a board that is inde24 pendent of the Council by converting the Air 

25 Traffic Services Subcommittee of the Council, 
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1 as in effect on the day before the date of enact2 ment of the Flight 100—Century of Aviation 

3 Reauthorization Act, into such board. The 

4 board shall be known as the Air Traffic Serv5 ices Board (in this subsection referred to as the 

6 ‘Board’).’’; 

7 (C) by redesignating subparagraphs (B) 

8 through (F) as subparagraphs (D) through 

9 (H), respectively; 

10 (D) by inserting after subparagraph (A) 

11 the following: 

12 ‘‘(B) MEMBERSHIP AND QUALIFICA13 TIONS.—Subject to paragraph (6)(C), the 

14 Board shall consist of 5 members, one of whom 

15 shall be the Administrator and shall serve as 

16 chairperson. The remaining members shall be 

17 appointed by the President with the advice and 

18 consent of the Senate and—

19 ‘‘(i) shall have a fiduciary responsi20 bility to represent the public interest; 

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

22 States; and 

23 ‘‘(iii) shall be appointed without re24 gard to political affiliation and solely on 

25 the basis of their professional experience 
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1 and expertise in one or more of the fol2 lowing areas and, in the aggregate, should 

3 collectively bring to bear expertise in all of 

4 the following areas: 

5 ‘‘(I) Management of large service 

6 organizations. 

7 ‘‘(II) Customer service. 

8 ‘‘(III) Management of large pro9 curements. 

10 ‘‘(IV) Information and commu11 nications technology. 

12 ‘‘(V) Organizational development. 

13 ‘‘(VI) Labor relations. 

14 ‘‘(C) PROHIBITIONS ON MEMBERS OF

15 BOARD.—No member of the Board may—

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

17 own stock in or bonds of, an aviation or 

18 aeronautical enterprise, except an interest 

19 in a diversified mutual fund or an interest 

20 that is exempt from the application of sec21 tion 208 of title 18; 

22 ‘‘(ii) engage in another business re23 lated to aviation or aeronautics; or 

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

25 that engages, as a substantial part of its 
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1 activities, in activities to influence aviation2 related legislation.’’; 

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

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

5 redesignated by subparagraph (C) of this para6 graph) and inserting ‘‘Board’’; 

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

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

9 ‘‘make recommendations on’’; 

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

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

12 ‘‘recommendations’’; 

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

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

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

16 budget recommendations on’’; 

17 (I) by striking ‘‘The Secretary shall sub18 mit’’ in subparagraph (E) (as so redesignated) 

19 and all that follows through the period at the 

20 end of such subparagraph (E) and inserting 

21 ‘‘The Secretary shall submit the budget rec22 ommendations referred to in clause (v) to the 

23 President who shall transmit such recommenda24 tions to the Committee on Transportation and 

25 Infrastructure and the Committee on Appro-
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1 priations of the House of Representatives and 

2 the Committee on Commerce, Science, and 

3 Transportation and the Committee on Appro4 priations of the Senate together with the annual 

5 budget request of the Federal Aviation Admin6 istration.’’; 

7 (J) by striking subparagraph (F) (as so re8 designated) and inserting the following: 

9 ‘‘(F) BOARD PERSONNEL MATTERS.—The 

10 Board may appoint and terminate any per11 sonnel that may be necessary to enable the 

12 Board to perform its duties, and may procure 

13 temporary and intermittent services under sec14 tion 40122.’’; 

15 (K) in subparagraph (G) (as so redesig16 nated)—

17 (i) by striking clause (i); 

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

19 and (iv) as clauses (i), (ii), and (iii), re20 spectively; and 

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

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

23 (as so redesignated) and inserting 

24 ‘‘Board’’; 
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1 (L) in subparagraph (H) (as so redesig2 nated)—

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

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

5 (ii) by striking ‘‘Administrator, the 

6 Council’’ each place it appears in clauses 

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

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

9 and inserting ‘‘(D)(i)’’; and 

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

11 ‘‘(I) AUTHORIZATION.—There are author12 ized to be appropriated to the Board such sums 

13 as may be necessary for the Board to carry out 

14 its activities.’’. 

15 SEC. 303. CLARIFICATION OF THE RESPONSIBILITIES OF 

16 THE CHIEF OPERATING OFFICER. 

17 Section 106(r) is amended—

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

19 striking ‘‘Air Traffic Services Subcommittee of the 

20 Aviation Management Advisory Council’’ and insert21 ing ‘‘Air Traffic Services Board’’; 

22 (2) in paragraph (2)(B) by inserting ‘‘in’’ be23 fore ‘‘paragraph (3).’’; 

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

25 Control Subcommittee of the Aviation Management 
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1 Advisory Committee’’ and inserting ‘‘Air Traffic 

2 Services Board’’; 

3 (4) in paragraph (4) by striking ‘‘Transpor4 tation and Congress’’ and inserting ‘‘Transportation, 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives, and the Committee 

7 on Commerce, Science, and Transportation of the 

8 Senate’’; 

9 (5) in paragraph (5)(A)—

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

11 ‘‘implement the’’; and 

12 (B) by striking ‘‘, including the establish13 ment of’’ and inserting ‘‘in order to further’’; 

14 (6) in paragraph (5)(B)—

15 (A) by striking ‘‘review’’ and all that fol16 lows through ‘‘Administration,’’ and inserting 

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

18 the Administration for air traffic control,’’; 

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

20 (ii); 

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

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

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

24 ‘‘(iv) the management of cost-reim25 bursable contracts.’’; 
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1 (7) in paragraph (5)(C)(i) by striking ‘‘pre2 pared by the Administrator’’; 

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

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

5 Board’’; and 

6 (9) in paragraph (5)(C)(iii)—

7 (A) by inserting ‘‘agency’s’’ before ‘‘an8 nual’’; and 

9 (B) by striking ‘‘developed under subpara10 graph (A) of this subsection.’’ and inserting 

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

12 SEC. 304. SMALL BUSINESS OMBUDSMAN. 

13 Section 106 is amended by adding at the end the fol14 lowing: 

15 ‘‘(s) SMALL BUSINESS OMBUDSMAN.—

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

17 Administration a Small Business Ombudsman. 

18 ‘‘(2) GENERAL DUTIES AND RESPONSIBIL19 ITIES.—The Ombudsman shall—

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

21 ‘‘(B) serve as a liaison with small busi22 nesses in the aviation industry; 

23 ‘‘(C) be consulted when the Administrator 

24 proposes regulations that may affect small busi25 nesses in the aviation industry; 
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1 ‘‘(D) provide assistance to small businesses 

2 in resolving disputes with the Administration; 

3 and 

4 ‘‘(E) report directly to the Adminis5 trator.’’. 

6 SEC. 305. FAA PURCHASE CARDS. 

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

8 Aviation Administration shall take appropriate actions to 

9 implement the recommendations contained in the report 

10 of the General Accounting Office entitled ‘‘FAA Purchase 

11 Cards: Weak Controls Resulted in Instances of Improper 

12 and Wasteful Purchases and Missing Assets’’, numbered 

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

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

15 of enactment of this Act, the Administrator shall transmit 

16 to Congress a report containing a description of the ac17 tions taken by the Administrator under this section. 

18 TITLE IV—AIRLINE SERVICE 

19 IMPROVEMENTS 

20 SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COL21 LECTION. 

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

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

24 through the semicolon at the end. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

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

3 of a final rule to modernize the Origin and Destination 

4 Survey of Airline Passenger Traffic, pursuant to the Ad5 vance Notice of Proposed Rulemaking published July 15, 

6 1998 (Regulation Identifier Number 2105–AC71), that 

7 reduces the reporting burden for air carriers through elec8 tronic filing of the survey data collected under section 

9 329(b)(1) of title 49, United States Code. 

10 SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLV11 ING PASSENGER AND BAGGAGE SECURITY 

12 SCREENING. 

13 Section 329 is amended by adding at the end the fol14 lowing: 

15 ‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING PAS16 SENGER AND BAGGAGE SECURITY SCREENING.—

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

18 Transportation shall publish data on incidents and 

19 complaints involving passenger and baggage security 

20 screening in a manner comparable to other con21 sumer complaint and incident data. 

22 ‘‘(2) MONTHLY REPORTS FROM SECRETARY OF

23 HOMELAND SECURITY.—To assist in the publication 

24 of data under paragraph (1), the Secretary of 

25 Transportation may request the Secretary of Home-
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1 land Security to periodically report on the number of 

2 complaints about security screening received by the 

3 Secretary of Homeland Security.’’. 

4 SEC. 403. DEFINITIONS. 

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

6 (1) by redesignating paragraphs (38) through 

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

8 (2) by inserting after paragraph (37) the fol9 lowing: 

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

11 service airport (as defined in section 47102) that 

12 has at least 0.05 percent but less than 0.25 percent 

13 of the passenger boardings.’’; 

14 (3) by redesignating paragraphs (33) through 

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

16 (4) by inserting after paragraph (32) the fol17 lowing: 

18 ‘‘(36) ‘passenger boardings’—

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

20 otherwise, revenue passenger boardings in the 

21 United States in the prior calendar year on an 

22 aircraft in service in air commerce, as the Sec23 retary determines under regulations the Sec24 retary prescribes; and 
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1 ‘‘(B) includes passengers who continue on 

2 an aircraft in international flight that stops at 

3 an airport in the 48 contiguous States, Alaska, 

4 or Hawaii for a nontraffic purpose.’’; 

5 (5) by redesignating paragraph (32) as para6 graph (35); 

7 (6) by inserting after paragraph (31) the fol8 lowing: 

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

10 service airport (as defined in section 47102) that 

11 has less than 0.05 percent of the passenger 

12 boardings.’’; 

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

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

15 (8) by inserting after paragraph (29) the fol16 lowing: 

17 ‘‘(31) ‘medium hub airport’ means a commer18 cial service airport (as defined in section 47102) 

19 that has at least 0.25 percent but less than 1.0 per20 cent of the passenger boardings.’’; 

21 (9) by redesignating paragraph (29) as para22 graph (30); and 

23 (10) by inserting after paragraph (28) the fol24 lowing: 
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1 ‘‘(29) ‘large hub airport’ means a commercial 

2 service airport (as defined in section 47102) that 

3 has at least 1.0 percent of the passenger 

4 boardings.’’. 

5 (b) CONFORMING AMENDMENTS.—

6 (1) AIR SERVICE TERMINATION NOTICE.—Sec7 tion 41719(d) is amended—

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

9 (B) by redesignating paragraphs (2) 

10 through (5) as paragraphs (1) through (4), re11 spectively. 

12 (2) SMALL COMMUNITY AIR SERVICE.—Section 

13 41731(a) is amended by striking paragraphs (3) 

14 through (5). 

15 (3) AIRPORTS NOT RECEIVING SUFFICIENT

16 SERVICE.—Section 41743 is amended—

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

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

19 and 

20 (B) in subsection (f) by striking ‘‘(as de21 fined in section 41731(a)(3))’’. 

22 (4) PRESERVATION OF BASIC ESSENTIAL AIR

23 SERVICE AT SINGLE CARRIER DOMINATED HUB AIR24 PORTS.—Section 41744(b) is amended by striking 

25 ‘‘(as defined in section 41731)’’. 
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1 (5) REGIONAL AIR SERVICE INCENTIVE PRO2 GRAM.—Section 41762 is amended—

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

4 and 

5 (B) by redesignating paragraphs (12), 

6 (13), (14), and (16) as paragraphs (11), (12), 

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

8 SEC. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY. 

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

10 amended—

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

12 follows through ‘‘(2) may—’’ and inserting ‘‘Admin13 istration may—’’; 

14 (2) by striking subparagraph (D); 

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

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

17 and (5) respectively; and 

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

19 2 ems to the left. 

20 (b) ACQUISITION MANAGEMENT SYSTEM.—Section 

21 40110(d) is amended—

22 (1) in paragraph (1)—

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

24 1, 1996,’’; and 
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1 (B) by striking ‘‘provides for more timely 

2 and cost-effective acquisitions of equipment and 

3 materials.’’ and inserting the following: 

4 ‘‘provides for—

5 ‘‘(A) more timely and cost-effective acqui6 sitions of equipment, services, property, and 

7 materials; and 

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

9 contract disputes related thereto, using consen10 sual alternative dispute resolution techniques to 

11 the maximum extent practicable.’’; and 

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

13 effective date, and inserting the following: 

14 ‘‘(4) ADJUDICATION OF CERTAIN BID PROTESTS

15 AND CONTRACT DISPUTES.—A bid protest or con16 tract dispute that is not addressed or resolved 

17 through alternative dispute resolution shall be adju18 dicated by the Administrator through Dispute Reso19 lution Officers or Special Masters of the Federal 

20 Aviation Administration Office of Dispute Resolution 

21 for Acquisition, acting pursuant to sections 46102, 

22 46104, 46105, 46106 and 46107.’’. 

23 (c) AUTHORITY OF ADMINISTRATOR TO ACQUIRE

24 SERVICES.—Section 106(f)(2)(A)(ii) is amended by in25 serting ‘‘, services,’’ after ‘‘property’’. 
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1 SEC. 405. LOW-EMISSION AIRPORT VEHICLES AND GROUND 

2 SUPPORT EQUIPMENT. 

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

4 by inserting at the end the following: 

5 ‘‘(G) A project for the acquisition or con6 version of ground support equipment or airport7 owned vehicles used at a commercial service air8 port with, or to, low-emission technology (as de9 fined in section 47102) or cleaner burning con10 ventional fuels, or the retrofitting of such 

11 equipment or vehicles that are powered by a 

12 diesel or gasoline engine with emission control 

13 technologies certified or verified by the Environ14 mental Protection Agency to reduce emissions, 

15 if the airport is located in an air quality non16 attainment area (as defined in section 171(2) of 

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

18 maintenance area referred to in section 175A of 

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

20 will result in an airport receiving appropriate 

21 emission credits as described in section 

22 47138.’’. 

23 (b) MAXIMUM COST FOR CERTAIN LOW-EMISSION

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

25 by adding at the end the following: 
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1 ‘‘(5) MAXIMUM COST FOR CERTAIN LOW-EMIS2 SION TECHNOLOGY PROJECTS.—The maximum cost 

3 that may be financed by imposition of a passenger 

4 facility fee under this section for a project described 

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

6 ground support equipment may not exceed the incre7 mental amount of the project cost that is greater 

8 than the cost of acquiring a vehicle or equipment 

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

10 same purpose, or the cost of low-emission retro11 fitting, as determined by the Secretary.’’. 

12 (c) GROUND SUPPORT EQUIPMENT DEFINED.—Sec13 tion 40117(a) is amended—

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

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

16 (2) by inserting after paragraph (3) the fol17 lowing: 

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

19 term ‘ground support equipment’ means service and 

20 maintenance equipment used at an airport to sup21 port aeronautical operations and related activities.’’. 

22 SEC. 406. STREAMLINING OF THE PASSENGER FACILITY 

23 FEE PROGRAM. 

24 (a) APPLICATION REQUIREMENTS.—Section 

25 40117(c) is amended—
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1 (1) by adding at the end of paragraph (2) the 

2 following: 

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

4 or notice submitted under subparagraph (A) copies 

5 of all certifications of agreement or disagreement re6 ceived under subparagraph (D). 

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

8 agency providing notice and an opportunity for con9 sultation to an air carrier or foreign air carrier is 

10 deemed to have satisfied the requirements of this 

11 paragraph if the eligible agency limits such notices 

12 and consultations to air carriers and foreign air car13 riers that have a significant business interest at the 

14 airport. In the subparagraph, the term ‘significant 

15 business interest’ means an air carrier or foreign air 

16 carrier that had no less than 1.0 percent of pas17 senger boardings at the airport in the prior calendar 

18 year, had at least 25,000 passenger boardings at the 

19 airport in the prior calendar year, or provides sched20 uled service at the airport.’’; 

21 (2) by redesignating paragraph (3) as para22 graph (4); 

23 (3) by inserting after paragraph (2) the fol24 lowing: 
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1 ‘‘(3) Before submitting an application, the eligible 

2 agency must provide reasonable notice and an opportunity 

3 for public comment. The Secretary shall prescribe regula4 tions that define reasonable notice and provide for at least 

5 the following under this paragraph: 

6 ‘‘(A) A requirement that the eligible agency 

7 provide public notice of intent to collect a passenger 

8 facility fee so as to inform those interested persons 

9 and agencies who may be affected, which public no10 tice may include—

11 ‘‘(i) publication in local newspapers of gen12 eral circulation; 

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

14 ‘‘(iii) posting the notice on the agency’s 

15 Web site. 

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

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

18 45 days, after the date of the publication of the no19 tice. 

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

21 its application or notice submitted under subpara22 graph (A) copies of all comments received under 

23 subparagraph (B).’’; and 
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1 (4) in the first sentence of paragraph (4) (as 

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

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

4 (b) PILOT PROGRAM FOR PASSENGER FACILITY FEE

5 AUTHORIZATIONS AT NONHUB AIRPORTS.—Section 

6 40117 is amended by adding at the end the following: 

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

8 AUTHORIZATIONS AT NONHUB AIRPORTS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a pilot program to test alternative procedures 

11 for authorizing eligible agencies for nonhub airports 

12 to impose passenger facility fees. An eligible agency 

13 may impose in accordance with the provisions of this 

14 subsection a passenger facility fee under this section. 

15 For purposes of the pilot program, the procedures in 

16 this subsection shall apply instead of the procedures 

17 otherwise provided in this section. 

18 ‘‘(2) NOTICE AND OPPORTUNITY FOR CON19 SULTATION.—The eligible agency must provide rea20 sonable notice and an opportunity for consultation to 

21 air carriers and foreign air carriers in accordance 

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

23 notice and opportunity for public comment in ac24 cordance with subsection (c)(3). 
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1 ‘‘(3) NOTICE OF INTENTION.—The eligible 

2 agency must submit to the Secretary a notice of in3 tention to impose a passenger facility fee under this 

4 subsection. This shall include—

5 ‘‘(A) information that the Secretary may 

6 require by regulation on each project for which 

7 authority to impose a passenger facility fee is 

8 sought; 

9 ‘‘(B) the amount of revenue from pas10 senger facility fees that is proposed to be col11 lected for each project; and 

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

13 that is proposed. 

14 ‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND IN15 DICATION OF OBJECTION.—The Secretary shall ac16 knowledge receipt of the notice and indicate any ob17 jection to the imposition of a passenger facility fee 

18 under this subsection for any project identified in 

19 the notice within 30 days after receipt of the eligible 

20 agency’s notice. 

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

22 Secretary objects within 30 days after receipt of the 

23 eligible agency’s notice, the eligible agency is author24 ized to impose a passenger facility fee in accordance 

25 with the terms of its notice under this subsection. 
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1 ‘‘(6) DEADLINE.—Not later than 180 days 

2 after the date of enactment of this subsection, the 

3 Secretary shall propose such regulations as may be 

4 necessary to carry out this subsection. 

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

6 effect 3 years after the date of issuance of regula7 tions to carry out this subsection. 

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

9 acknowledgement issued under paragraph (4) shall 

10 not be considered an order of the Secretary issued 

11 under section 46110.’’. 

12 (c) CLARIFICATION OF APPLICABILITY OF PFCS TO

13 MILITARY CHARTERS.—Section 40117(e)(2) is amend14 ed—

15 (1) by striking the period at the end of sub16 paragraph (C) and inserting a semicolon; 

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (D); 

19 (3) by striking the period at the end of sub20 paragraph (E) and inserting ‘‘; and’’; and 

21 (4) by inserting after subparagraph (E) the fol22 lowing: 

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

24 did not pay for the air transportation which resulted 
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1 in such enplanement due to charter arrangements 

2 and payment by the Department of Defense.’’. 

3 (d) TECHNICAL AMENDMENTS.—Section 

4 40117(a)(3)(C) is amended—

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

6 project’’; and 

7 (2) by striking the semicolon and inserting a 

8 period. 

9 (e) ELIGIBILITY OF AIRPORT GROUND ACCESS

10 TRANSPORTATION PROJECTS.—Not later than 60 days 

11 after the enactment of this Act, the Administrator of the 

12 Federal Aviation Administration shall publish in the Fed13 eral Register the current policy of the Administration with 

14 respect to the eligibility of airport ground access transpor15 tation projects for the use of passenger facility fees under 

16 section 40117 of title 49, United States Code. 

17 SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACIL18 ITY FEES. 

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

20 by adding at the end the following: 

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

22 ‘‘(1) HANDLING OF FEES.—

23 ‘‘(A) PLACEMENT OF FEES IN ESCROW AC24 COUNT.—Subject to subparagraph (B), pas25 senger facility revenue held by an air carrier or 
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1 any of its agents shall be segregated from the 

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

3 escrow account for the benefit of the eligible 

4 agencies entitled to such revenue. 

5 ‘‘(B) ALTERNATIVE METHOD OF COMPLI6 ANCE.—Instead of placing amounts in an es7 crow account under subparagraph (A), an air 

8 carrier may provide to the eligible agency a let9 ter of credit, bond, or other form of adequate 

10 and immediately available security in an 

11 amount equal to estimated remittable passenger 

12 facility fees for 180 days, to be assessed against 

13 later audit, upon which security the eligible 

14 agency shall be entitled to draw automatically, 

15 without necessity of any further legal or judicial 

16 action to effectuate foreclosure. 

17 ‘‘(2) TRUST FUND STATUS.—If an air carrier or 

18 its agent commingles passenger facility revenue in 

19 violation of the subsection, the trust fund status of 

20 such revenue shall not be defeated by an inability of 

21 any party to identify and trace the precise funds in 

22 the accounts of the air carrier. 

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

24 agents may not grant to any third party any secu25 rity or other interest in passenger facility revenue. 
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1 ‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.—

2 An air carrier that fails to comply with any require3 ment of this subsection, or otherwise unnecessarily 

4 causes an eligible entity to expend funds, through 

5 litigation or otherwise, to recover or retain payment 

6 of passenger facility revenue to which the eligible en7 tity is otherwise entitled shall be required to com8 pensate the eligible agency for the costs so incurred. 

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

10 that collects passenger facility fees is entitled to re11 ceive the interest on passenger facility fee accounts, 

12 if the accounts are established and maintained in 

13 compliance with this subsection.’’. 

14 (b) EFFECTIVE DATE.—

15 (1) IN GENERAL.—The amendment made by 

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

17 date of enactment of this Act. 

18 (2) EXISTING REGULATIONS.—Beginning 60 

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

20 provisions of section 158.49 of title 14, Code of Fed21 eral Regulations, that permit the commingling of 

22 passenger facility fees with other air carrier revenue 

23 shall have no force or effect. 
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1 SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANS2 PORTATION. 

3 (a) GOVERNMENT-FINANCED AIR TRANSPOR4 TATION.—Section 40118(f)(2) is amended by inserting be5 fore the period at the end the following: ‘‘, except that 

6 it shall not include a contract for the transportation by 

7 air of passengers’’. 

8 (b) AIRLIFT SERVICE.—Subsections (a)(1), (b), and 

9 (c) of section 41106 are each amended—

10 (1) by striking ‘‘through a contract for airlift 

11 service’’ and inserting ‘‘, or by a person that has 

12 contracted with the Secretary of Defense or the Sec13 retary of a military department,’’; and 

14 (2) by inserting ‘‘through a contract for airlift 

15 service’’ after ‘‘obtained’’. 

16 SEC. 409. OVERFLIGHTS OF NATIONAL PARKS. 

17 (a) AIR TOUR MANAGEMENT ACT CLARIFICA18 TIONS.—Section 40128 is amended—

19 (1) in subsection (a)(1) by inserting ‘‘, as de20 fined by this section,’’ after ‘‘lands’’ the first place 

21 it appears; 

22 (2) in subsections (b)(3)(A) and (b)(3)(B) by 

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

24 (3) in subsection (b)(3)(C) by inserting ‘‘over a 

25 national park that are also’’ after ‘‘operations’’; 
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1 (4) in subsection (b)(3)(D) by striking ‘‘at the 

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

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

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

5 appears; 

6 (6) in subsections (c)(2)(A)(i) and (c)(2)(B) by 

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

8 (7) in subsection (f)(1) by inserting ‘‘over a na9 tional park’’ after ‘‘operation’’; 

10 (8) in subsection (f)(4)(A)—

11 (A) by striking ‘‘commercial air tour oper12 ation’’ and inserting ‘‘commercial air tour oper13 ation over a national park’’; and 

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

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

16 Canyon National Park), or over tribal lands 

17 (except those within or abutting the Grand 

18 Canyon National Park),’’; 

19 (9) in subsection (f)(4)(B) by inserting ‘‘over a 

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

21 (10) in the heading for paragraph (4) of sub22 section (f) by inserting ‘‘OVER A NATIONAL PARK’’ 

23 after ‘‘OPERATION’’. 

24 (b) GRAND CANYON NATIONAL PARK SPECIAL

25 FLIGHT RULES AREA OPERATION CURFEW.—
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1 (1) IN GENERAL.—The Administrator of the 

2 Federal Aviation Administration may not restrict 

3 commercial Special Flight Rules Area operations in 

4 the Dragon and Zuni Point corridors of the Grand 

5 Canyon National Park during the period beginning 

6 1 hour after sunrise and ending 1 hour before sun7 set, unless required for aviation safety purposes. 

8 Commercial Special Flight Rules Area operations in 

9 the Dragon and Zuni Point corridors of the Grand 

10 Canyon National Park may not take place during 

11 the period beginning 1 hour before sunset and end12 ing 1 hour after sunrise. 

13 (2) EFFECT ON EXISTING REGULATIONS.—Be14 ginning on the date of enactment of this Act, section 

15 93.317 of title 14, Code of Federal Regulations, 

16 shall not be in effect. 

17 SEC. 410. COLLABORATIVE DECISIONMAKING PILOT PRO18 GRAM. 

19 (a) IN GENERAL.—Chapter 401 is amended by add20 ing at the end the following: 

21 ‘‘§ 40129. Collaborative decisionmaking pilot program 

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

23 the date of enactment of this section, the Administrator 

24 of the Federal Aviation Administration shall establish a 
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1 collaborative decisionmaking pilot program in accordance 

2 with this section. 

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

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

5 2 years. 

6 ‘‘(c) GUIDELINES.—

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

8 guidelines concerning the pilot program. Such guide9 lines, at a minimum, shall define the criteria and 

10 process for determining when a capacity reduction 

11 event exists that warrants the use of collaborative 

12 decisionmaking among carriers at airports partici13 pating in the pilot program and that prescribe the 

14 methods of communication to be implemented among 

15 carriers during such an event. 

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

17 the views of interested parties in issuing the guide18 lines. 

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

20 CAPACITY REDUCTION EVENT.—Upon a determination by 

21 the Administrator that a capacity reduction event exists, 

22 the Administrator may authorize air carriers and foreign 

23 air carriers operating at an airport participating in the 

24 pilot program to communicate for a period of time not 

25 to exceed 24 hours with each other concerning changes 
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1 in their respective flight schedules in order to use air traf2 fic capacity most effectively. The Administration shall fa3 cilitate and monitor such communication. 

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

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

7 shall select 3 airports to participate in the pilot program 

8 from among the most capacity-constrained airports in the 

9 country based on the Administration’s Airport Capacity 

10 Benchmark Report 2001 or more recent data on airport 

11 capacity that is available to the Administrator. The Ad12 ministrator shall select an airport for participation in the 

13 pilot program if the Administrator determines that col14 laborative decisionmaking among air carriers and foreign 

15 air carriers would reduce delays at the airport and have 

16 beneficial effects on reducing delays in the national air17 space system as a whole. 

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

19 or foreign air carrier operating at an airport selected to 

20 participate in the pilot program is eligible to participate 

21 in the pilot program if the Administrator determines that 

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

24 ‘‘(g) MODIFICATION OR TERMINATION OF PILOT

25 PROGRAM AT AN AIRPORT.—The Administrator may mod-
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1 ify or end the pilot program at an airport before the term 

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

3 or foreign air carrier from participating in the program, 

4 if the Administrator determines that the purpose of the 

5 pilot program is not being furthered by participation of 

6 the airport or air carrier or if the Secretary of Transpor7 tation finds that the pilot program or the participation 

8 of an air carrier or foreign air carrier in the pilot program 

9 has had, or is having, an adverse effect on competition 

10 among carriers. 

11 ‘‘(h) EVALUATION.—

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

13 the 2-year period for which the pilot program is au14 thorized under subsection (b), the Administrator 

15 shall determine whether the pilot program has facili16 tated more effective use of air traffic capacity and 

17 the Secretary shall determine whether the pilot pro18 gram has had an adverse effect on airline competi19 tion or the availability of air services to commu20 nities. The Administrator shall also examine whether 

21 capacity benefits resulting from the participation in 

22 the pilot program of an airport resulted in capacity 

23 benefits to other parts of the national airspace sys24 tem. 
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1 ‘‘(2) OBTAINING NECESSARY DATA.—The Ad2 ministrator may require participating air carriers 

3 and airports to provide data necessary to evaluate 

4 the pilot program’s impact. 

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

6 of the 2-year period for which the pilot program is author7 ized, the Administrator may continue the pilot program 

8 for an additional 2 years and expand participation in the 

9 program to up to 7 additional airports if the Adminis10 trator determines pursuant to subsection (h) that the pilot 

11 program has facilitated more effective use of air traffic 

12 capacity and if the Secretary determines that the pilot pro13 gram has had no adverse effect on airline competition or 

14 the availability of air services to communities. The Admin15 istrator shall select the additional airports to participate 

16 in the extended pilot program in the same manner in 

17 which airports were initially selected to participate.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 401 is amended by adding at the end the fol20 lowing:

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

21 SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE IN22 FORMATION. 

23 (a) DOMESTIC AIR TRANSPORTATION.—Section 

24 41113(b) is amended—
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1 (1) in paragraph (16) by striking ‘‘the air car2 rier’’ the third place it appears; and 

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

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

5 accident that results in significant damage to a man6 made structure or other property on the ground that 

7 is not government-owned, the air carrier will 

8 promptly provide notice, in writing, to the extent 

9 practicable, directly to the owner of the structure or 

10 other property about liability for any property dam11 age and means for obtaining compensation. 

12 ‘‘(B) At a minimum, the written notice shall 

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

14 property as the authoritative source for information 

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

16 unofficial information offered by air carrier rep17 resentatives about compensation by the air carrier 

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

19 photographic or other detailed evidence of property 

20 damage as soon as possible after the accident, con21 sistent with restrictions on access to the accident 

22 site. 

23 ‘‘(18) An assurance that, in the case of an acci24 dent in which the National Transportation Safety 

25 Board conducts a public hearing or comparable pro-
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1 ceeding at a location greater than 80 miles from the 

2 accident site, the air carrier will ensure that the pro3 ceeding is made available simultaneously by elec4 tronic means at a location open to the public at both 

5 the origin city and destination city of the air car6 rier’s flight if that city is located in the United 

7 States.’’. 

8 (b) FOREIGN AIR TRANSPORTATION.—Section 

9 41313(c) is amended by adding at the end the following: 

10 ‘‘(17) NOTICE CONCERNING LIABILITY FOR

11 MAN-MADE STRUCTURES.—

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

13 the case of an accident that results in signifi14 cant damage to a man-made structure or other 

15 property on the ground that is not government16 owned, the foreign air carrier will promptly pro17 vide notice, in writing, to the extent practicable, 

18 directly to the owner of the structure or other 

19 property about liability for any property dam20 age and means for obtaining compensation. 

21 ‘‘(B) MINIMUM CONTENTS.—At a min22 imum, the written notice shall advise an owner 

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

24 authoritative source for information about cov25 erage and compensation; (ii) to not rely on un-
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1 official information offered by foreign air car2 rier representatives about compensation by the 

3 foreign air carrier for accident-site property 

4 damage; and (iii) to obtain photographic or 

5 other detailed evidence of property damage as 

6 soon as possible after the accident, consistent 

7 with restrictions on access to the accident site. 

8 ‘‘(18) SIMULTANEOUS ELECTRONIC TRANS9 MISSION OF NTSB HEARING.—An assurance that, in 

10 the case of an accident in which the National Trans11 portation Safety Board conducts a public hearing or 

12 comparable proceeding at a location greater than 80 

13 miles from the accident site, the foreign air carrier 

14 will ensure that the proceeding is made available si15 multaneously by electronic means at a location open 

16 to the public at both the origin city and destination 

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

18 located in the United States.’’. 

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

20 carriers shall update their plans under sections 41113 and 

21 41313 of title 49, United States Code, respectively, to re22 flect the amendments made by subsections (a) and (b) of 

23 this section not later than 90 days after the date of enact24 ment of this Act. 
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1 SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASH2 INGTON NATIONAL AIRPORT. 

3 (a) BEYOND-PERIMETER EXEMPTIONS.—Section 

4 41718(a) is amended by striking ‘‘12’’ and inserting ‘‘24’’. 

5 (b) WITHIN-PERIMETER EXEMPTIONS.—Section 

6 41718(b) is amended—

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

8 (2) by striking ‘‘that were designated as me9 dium hub or smaller airports’’. 

10 (c) LIMITATIONS.—

11 (1) GENERAL EXEMPTIONS.—Section 

12 41718(c)(2) is amended by striking ‘‘two’’ and in13 serting ‘‘3’’. 

14 (2) ALLOCATION OF WITHIN-PERIMETER EX15 EMPTIONS.—Section 41718(c)(3) is amended—

16 (A) in subparagraph (A)—

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

18 ‘‘without regard to the criteria contained 

19 in subsection (b)(1), six’’; and 

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

21 (B) in subparagraph (B)—

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

23 ‘‘ten’’; and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; and’’; and 

26 (C) by adding at the end the following: 
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1 ‘‘(C) four shall be for air transportation to 

2 airports without regard to their size.’’. 

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

4 is amended to read as follows: 

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

6 shall establish procedures to ensure that all requests for 

7 exemptions under this section are granted or denied within 

8 90 days after the date on which the request is made.’’. 

9 (e) EFFECT OF PERIMETER RULES ON COMPETITION

10 AND AIR SERVICE.—

11 (1) IDENTIFICATION OF OTHER AIRPORTS.—

12 The Secretary of Transportation shall identify air13 ports (other than Ronald Reagan Washington Na14 tional Airport) that have imposed perimeter rules 

15 like those in effect with respect to Ronald Reagan 

16 Washington National Airport. 

17 (2) LIMITATION ON APPLICABILITY.—This sub18 section does not apply to perimeter rules imposed by 

19 Federal law. 

20 (3) STUDY.—The Secretary shall conduct a 

21 study of the effect that perimeter rules for airports 

22 identified under paragraph (1) have on competition 

23 and on air service to communities outside the perim24 eter. 
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1 (4) REPORT.—Not later than 120 days after 

2 the date of enactment of this Act, the Secretary 

3 shall transmit to Congress a report on the results of 

4 the study. 

5 (f) COMMUTERS DEFINED.—

6 (1) IN GENERAL.—Section 41718 is amended 

7 by adding at the end the following: 

8 ‘‘(f) COMMUTERS DEFINED.—For purposes of air9 craft operations at Ronald Reagan Washington National 

10 Airport under subpart K of part 93 of title 14, Code of 

11 Federal Regulations, the term ‘commuters’ means aircraft 

12 operations using aircraft having a certificated maximum 

13 seating capacity of 76 or less.’’. 

14 (2) REGULATIONS.—The Administrator of the 

15 Federal Aviation Administration shall revise regula16 tions to take into account the amendment made by 

17 paragraph (1). 

18 (g) REMOVAL OF CERTAIN LIMITATIONS ON METRO19 POLITAN WASHINGTON AIRPORTS AUTHORITY.—Section 

20 49108 and the item relating to such section in the analysis 

21 of chapter 491 are repealed. 

22 SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY. 

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

24 amended by adding at the end the following: 
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1 ‘‘§ 41722. Notice concerning aircraft assembly 

2 ‘‘The Secretary of Transportation shall require, be3 ginning after the last day of the 1-year period following 

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

5 an aircraft to provide scheduled passenger air transpor6 tation to display a notice, on an information placard avail7 able to each passenger on the aircraft, that informs the 

8 passengers of the nation in which the aircraft was finally 

9 assembled.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 417 is amended by striking the item relating to 

12 section 41721 and inserting the following:

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

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

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

14 SMALL COMMUNITIES. 

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

16 further amended by adding at the end the following: 

17 ‘‘§ 41723. Special rule to promote air service to small 

18 communities 

19 ‘‘In order to promote air service to small commu20 nities, the Secretary of Transportation shall permit an op21 erator of a turbine powered or multiengine piston powered 

22 aircraft with 10 passenger seats or less (1) to provide air 

23 transportation between an airport that is a nonhub airport 

24 and another airport or between an airport that is not a 
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1 commercial service airport and another airport, and (2) 

2 to sell individual seats on that aircraft at a negotiated 

3 price, if the aircraft is otherwise operated in accordance 

4 with parts 119 and 135 of title 14, Code of Federal Regu5 lations, and the air transportation is otherwise provided 

6 in accordance with part 298 of such title 14.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

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

9 following:

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

10 SEC. 415. SMALL COMMUNITY AIR SERVICE. 

11 (a) COMPENSATION GUIDELINES, LIMITATION, AND

12 CLAIMS.—

13 (1) PAYMENT OF PROMOTIONAL AMOUNTS.—

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

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

16 unit of local government having jurisdiction over the 

17 eligible place served by the air carrier’’. 

18 (2) AUTHORITY TO MAKE AGREEMENTS AND

19 INCUR OBLIGATIONS.—Section 41737(d) is amend20 ed—

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

22 inserting the ‘‘The Secretary’’; and 

23 (B) by striking paragraph (2). 

24 (3) ADJUSTMENTS.—Section 41737 is amended 

25 by adding at the end the following: 
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1 ‘‘(e) ADJUSTMENTS TO ACCOUNT FOR SIGNIFI2 CANTLY INCREASED COSTS.—

3 ‘‘(1) IN GENERAL.—If the Secretary determines 

4 that air carriers are experiencing significantly in5 creased costs in providing air service or air transpor6 tation under this subchapter, the Secretary may in7 crease the rates of compensation payable under this 

8 subchapter without regard to any agreement or re9 quirement relating to the renegotiation of contracts 

10 or any notice requirement under section 41734. 

11 ‘‘(2) SIGNIFICANTLY INCREASED COSTS DE12 FINED.—In this subsection, the term ‘significantly 

13 increased costs’ means an average monthly cost in14 crease of 10 percent or more.’’. 

15 (b) AIRPORTS NOT RECEIVING SUFFICIENT SERV16 ICE.—Section 41743 is amended—

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

18 ‘‘PILOT’’; 

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

20 (3) in subsection (c)—

21 (A) by striking paragraph (3); 

22 (B) by redesignating paragraphs (4) and 

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

24 (C) in paragraph (4) (as so redesig25 nated)—
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1 (i) by striking ‘‘and’’ at the end of 

2 subparagraph (C); 

3 (ii) by striking the period at the end 

4 of subparagraph (D) and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(E) the assistance can be used in the fis9 cal year in which it is received.’’; and 

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

11 (c) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec12 tion 41742 is amended—

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

14 ‘‘$15,000,000’’ and inserting ‘‘$65,000,000’’; 

15 (2) by adding at the end of subsection (a) the 

16 following: 

17 ‘‘(3) AUTHORIZATION FOR ADDITIONAL EM18 PLOYEES.—In addition to amounts authorized under 

19 paragraphs (1) and (2), there are authorized to be 

20 appropriated such sums as may be necessary for the 

21 Secretary of Transportation to hire and employ 4 

22 additional employees for the office responsible for 

23 carrying out the essential air service program.’’; and 

24 (3) by striking subsection (c). 
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1 (d) PROCESS FOR DISCONTINUING CERTAIN SUB2 SIDIES.—Section 41734 is amended by adding at the end 

3 the following: 

4 ‘‘(i) PROCESS FOR DISCONTINUING CERTAIN SUB5 SIDIES.—If the Secretary determines that no subsidy will 

6 be provided to a carrier to provide essential air service 

7 to an eligible place because the eligible place does not meet 

8 the requirements of section 332 of the Department of 

9 Transportation and Related Agencies Appropriations Act, 

10 2000 (49 U.S.C. 41731 note; 113 Stat. 1022) or require11 ments contained in a subsequent appropriations Act, the 

12 Secretary shall notify the affected community that the 

13 subsidy will cease but shall continue to provide the subsidy 

14 for 90 days after providing the notice to the community.’’. 

15 (e) EXEMPTION FROM HOLD-IN REQUIREMENTS.—

16 Section 41734 is further amended by adding at the end 

17 the following: 

18 ‘‘(j) EXEMPTION FROM HOLD-IN REQUIREMENTS.—

19 If, after the date of enactment of this subsection, an air 

20 carrier commences air transportation to an eligible place 

21 that is not receiving essential air service as a result of 

22 the failure of the eligible place to meet requirements con23 tained in an appropriations Act, the air carrier shall not 

24 be subject to the requirements of subsections (b) and (c) 

25 with respect to such air transportation.’’. 
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1 (f) JOINT PROPOSALS.—Section 41740 is amended 

2 by inserting ‘‘, including joint fares,’’ after ‘‘joint pro3 posals’’. 

4 (g) COMMUNITY AND REGIONAL CHOICE PRO5 GRAM.—

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

7 417 is amended by adding at the end the following: 

8 ‘‘§ 41745. Community and regional choice program 

9 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor10 tation shall establish an alternate essential air service pilot 

11 program in accordance with the requirements of this sec12 tion. 

13 ‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In car14 rying out the program, the Secretary, instead of paying 

15 compensation to an air carrier to provide essential air 

16 service to an eligible place, may pay compensation directly 

17 to a unit of local government having jurisdiction over the 

18 eligible place or a State within the boundaries of which 

19 the eligible place is located. 

20 ‘‘(c) USE OF COMPENSATION.—A unit of local gov21 ernment or State receiving compensation for an eligible 

22 place under the program shall use the compensation for 

23 any of the following purposes: 

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

25 provide scheduled air service to and from the eligible 
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1 place, without being subject to the requirements of 

2 41732(b). 

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

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

5 eligible place. 

6 ‘‘(3) To provide assistance to a person to pro7 vide scheduled or on-demand surface transportation 

8 to and from the eligible place and an airport in an9 other place. 

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

11 government in the same region, to provide transpor12 tation services to and from all the eligible places in 

13 that region at an airport or other transportation 

14 center that can serve all the eligible places in that 

15 region. 

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

17 in aircraft, to provide transportation to and from the 

18 eligible place. 

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

20 services that the Secretary may permit. 

21 ‘‘(d) FRACTIONALLY OWNED AIRCRAFT.—Notwith22 standing any other provision of law, only those operating 

23 rules that relate to an aircraft that is fractionally owned 

24 apply when an aircraft described in subsection (c)(5) is 
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1 used to provide transportation described in subsection 

2 (c)(5). 

3 ‘‘(e) APPLICATIONS.—

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

5 or State seeking to participate in the program for an 

6 eligible place shall submit to the Secretary an appli7 cation in such form and containing such information 

8 as the Secretary may require. 

9 ‘‘(2) REQUIRED INFORMATION.—At a min10 imum, the application shall include—

11 ‘‘(A) a statement of the amount of com12 pensation required; and 

13 ‘‘(B) a description of how the compensa14 tion will be used. 

15 ‘‘(f) PARTICIPATION REQUIREMENTS.—An eligible 

16 place for which compensation is received under the pro17 gram in a fiscal year shall not be eligible to receive in 

18 that fiscal year the essential air service that it would oth19 erwise be entitled to under this subchapter. 

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

21 government participating in the program under this sec22 tion in a fiscal year shall not be prohibited from partici23 pating in the basic essential air service program under this 

24 chapter in a subsequent fiscal year if such unit is other25 wise eligible to participate in such program. 
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1 ‘‘(h) FUNDING.—Amounts appropriated or otherwise 

2 made available to carry out the essential air service pro3 gram under this subchapter shall be available to carry out 

4 this section.’’. 

5 (2) CONFORMING AMENDMENT.—The analysis 

6 for chapter 417 is amended by inserting after the 

7 item relating to section 41744 the following:

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

8 (h) MEASUREMENT OF HIGHWAY MILEAGE FOR

9 PURPOSES OF DETERMINING ELIGIBILITY FOR ESSEN10 TIAL AIR SERVICE SUBSIDIES.—

11 (1) DETERMINATION OF ELIGIBILITY.—Sub12 chapter II of Chapter 417 of title 49, United States 

13 Code, (as amended by subsection (f) of this bill) is 

14 further amended by adding at the end the following 

15 new section: 

16 ‘‘§ 41746. Distance requirement applicable to eligi17 bility for essential air service subsidies 

18 ‘‘(a) IN GENERAL.—The Secretary shall not provide 

19 assistance under this subchapter with respect to a place 

20 in the 48 contiguous States that—

21 ‘‘(1) is less than 70 highway miles from the 

22 nearest hub airport; or 

23 ‘‘(2) requires a rate of subsidy per passenger in 

24 excess of $200, unless such place is greater than 

25 210 highway miles from the nearest hub airport. 
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1 ‘‘(b) DETERMINATION OF MILEAGE.—For purposes 

2 of this section, the highway mileage between a place and 

3 the nearest hub airport is the highway mileage of the most 

4 commonly used route between the place and the hub air5 port. In identifying such route, the Secretary shall—

6 ‘‘(1) promulgate by regulation a standard for 

7 calculating the mileage between an eligible place and 

8 a hub airport; and 

9 ‘‘(2) identify the most commonly used route for 

10 a community by—

11 ‘‘(A) consulting with the Governor of a 

12 State or the Governor’s designee; and 

13 ‘‘(B) considering the certification of the 

14 Governor of a State or the Governor’s designee 

15 as to the most commonly used route.’’. 

16 (2) CONFORMING AMENDMENT.—The analysis 

17 for subchapter II of chapter 417 of title 49, United 

18 States Code, (as amended by subsection (f) of this 

19 bill) is further amended by inserting after the item 

20 relating to section 41745 the following new item:

‘‘41746. Distance requirement applicable to eligibility for essential air service subsidies.’’.

21 (i) REPEAL.—The following provisions of law are re22 pealed: 
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1 (1) Section 332 of the Department of Trans2 portation and Related Agencies Appropriations Act, 

3 2000 (49 U.S.C. 41731 note). 

4 (2) Section 205 of the Wendell H. Ford Avia5 tion Investment and Reform Act for the 21st Cen6 tury (49 U.S.C. 41731 note). 

7 (3) Section 334 of the Department of Trans8 portation and Related Agencies Appropriations Act, 

9 1999 (section 101(g) of division A of the Omnibus 

10 Consolidated and Emergency Supplemental Appro11 priations Act, 1999) (Public Law 105–277; 112 

12 Stat. 2681–471). 

13 (j) SECRETARIAL REVIEW.—

14 (1) REQUEST FOR REVIEW.—Any community 

15 with respect to which the Secretary has, between 

16 September 30, 1993, and the date of the enactment 

17 of this Act, eliminated subsidies or terminated sub18 sidy eligibility under section 332 of the Department 

19 of Transportation and Related Agencies Appropria20 tions Act, 2000 (49 U.S.C. 41731 note), Section 

21 205 of the Wendell H. Ford Aviation Investment 

22 and Reform Act for the 21st Century (49 U.S.C. 

23 41731 note), or any prior law of similar effect, may 

24 request the Secretary to review such action. 
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1 (2) ELIGIBILITY DETERMINATION.—Not later 

2 than 60 days after receiving a request under sub3 section (i), the Secretary shall—

4 (A) determine whether the community 

5 would have been subject to such elimination of 

6 subsidies or termination of eligibility under the 

7 distance requirement enacted by the amend8 ment made by subsection (g) of this bill to sub9 chapter II of chapter 417 of title 49, United 

10 States Code; and 

11 (B) issue a final order with respect to the 

12 eligibility of such community for essential air 

13 service subsidies under subchapter II of chapter 

14 417 of title 49, United States Code, as amend15 ed by this Act.

16 SEC. 416. TYPE CERTIFICATES. 

17 (a) AGREEMENTS TO PERMIT USE OF CERTIFICATES

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

19 adding at the end the following: 

20 ‘‘(3) If the holder of a type certificate agrees to per21 mit another person to use the certificate to manufacture 

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

23 holder shall provide the other person with written evi24 dence, in a form acceptable to the Administrator, of that 

25 agreement. A person may manufacture a new aircraft, air-
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1 craft engine, propeller, or appliance based on a type cer2 tificate only if the person is the holder of the type certifi3 cate or has permission from the holder.’’. 

4 (b) CERTIFICATION OF PRODUCTS MANUFACTURED

5 IN FOREIGN NATIONS.—Section 44704 is further amend6 ed by adding at the end the following: 

7 ‘‘(e) CERTIFICATION OF PRODUCTS MANUFACTURED

8 IN FOREIGN NATIONS.—In order to ensure safety, the Ad9 ministrator shall spend at least the same amount of time 

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

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

12 propeller, or appliance manufactured in a foreign nation 

13 as the regulatory authorities of that nation employ when 

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

15 aircraft, aircraft engine, propeller, or appliance manufac16 tured in the United States.’’. 

17 SEC. 417. DESIGN ORGANIZATION CERTIFICATES. 

18 (a) GENERAL AUTHORITY TO ISSUE CERTIFI19 CATES.—Effective on the last day of the 7-year period be20 ginning on the date of enactment of this Act, section 

21 44702(a) is amended by inserting ‘‘design organization 

22 certificates,’’ after ‘‘airman certificates,’’. 

23 (b) DESIGN ORGANIZATION CERTIFICATES.—

24 (1) PLAN.—Not later than 4 years after the 

25 date of enactment of this Act, the Administrator of 
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1 the Federal Aviation Administration shall transmit 

2 to the Committee on Transportation and Infrastruc3 ture of the House of Representatives and the Com4 mittee on Commerce, Science, and Transportation of 

5 the Senate a plan for the development and oversight 

6 of a system for certification of design organizations 

7 to certify compliance with the requirements and min8 imum standards prescribed under section 44701(a) 

9 of title 49, United States Code, for the type certifi10 cation of aircraft, aircraft engines, propellers, or ap11 pliances. 

12 (2) ISSUANCE OF CERTIFICATES.—Section 

13 44704 is further amended by adding at the end the 

14 following: 

15 ‘‘(f) DESIGN ORGANIZATION CERTIFICATES.—

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

17 date of enactment of this subsection, the Adminis18 trator may issue a design organization certificate to 

19 a design organization to authorize the organization 

20 to certify compliance with the requirements and min21 imum standards prescribed under section 44701(a) 

22 for the type certification of aircraft, aircraft engines, 

23 propellers, or appliances. 

24 ‘‘(2) APPLICATIONS.—On receiving an applica25 tion for a design organization certificate, the Admin-
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1 istrator shall examine and rate the design organiza2 tion submitting the application, in accordance with 

3 regulations to be prescribed by the Administrator, to 

4 determine whether the design organization has ade5 quate engineering, design, and testing capabilities, 

6 standards, and safeguards to ensure that the prod7 uct being certificated is properly designed and man8 ufactured, performs properly, and meets the regula9 tions and minimum standards prescribed under sec10 tion 44701(a). 

11 ‘‘(3) ISSUANCE OF TYPE CERTIFICATES BASED

12 ON DESIGN ORGANIZATION CERTIFICATION.—On re13 ceiving an application for a type certificate under 

14 subsection (a) that is accompanied by a certification 

15 of compliance by a design organization certificated 

16 under this subsection, instead of conducting an inde17 pendent investigation under subsection (a), the Ad18 ministrator may issue the type certificate based on 

19 the certification of compliance. 

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

21 include in a design organization certificate issued 

22 under this subsection terms required in the interest 

23 of safety.’’. 
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1 (c) REINSPECTION AND REEXAMINATION.—Section 

2 44709(a) is amended by inserting ‘‘design organization, 

3 production certificate holder,’’ after ‘‘appliance,’’. 

4 (d) PROHIBITIONS.—Section 44711(a)(7) is amended 

5 by striking ‘‘agency’’ and inserting ‘‘agency, design orga6 nization certificate, ’’. 

7 (e) CONFORMING AMENDMENTS.—

8 (1) SECTION HEADING.—Section 44704 is 

9 amended by striking the section designation and 

10 heading and inserting the following: 

11 ‘‘§ 44704. Type certificates, production certificates, 

12 airworthiness certificates, and design or13 ganization certificates’’. 

14 (2) CHAPTER ANALYSIS.—The analysis for 

15 chapter 447 is amended by striking the item relating 

16 to section 44704 and inserting the following:

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

design organization certificates.’’.

17 SEC. 418. COUNTERFEIT OR FRAUDULENTLY REP18 RESENTED PARTS VIOLATIONS. 

19 Section 44726(a)(1) is amended—

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

21 (A); 

22 (2) by redesignating subparagraph (B) as sub23 paragraph (C); 
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1 (3) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) whose certificate is revoked under 

4 subsection (b); or’’; and 

5 (4) in subparagraph (C) (as redesignated by 

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

7 of such a violation.’’ and inserting ‘‘described in sub8 paragraph (A) or (B).’’. 

9 SEC. 419. RUNWAY SAFETY STANDARDS. 

10 (a) IN GENERAL.—Chapter 447 is amended by add11 ing at the end the following: 

12 ‘‘§ 44727. Runway safety areas 

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

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

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

16 in order to meet standards of the Federal Aviation Admin17 istration applicable to runway safety areas.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 447 is amended by adding at the end the fol20 lowing:

‘‘44727. Runway safety areas.’’.

21 SEC. 420. AVAILABILITY OF MAINTENANCE INFORMATION. 

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

23 by adding at the end the following: 
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1 ‘‘§ 44728. Availability of maintenance information 

2 ‘‘(a) IN GENERAL.—The Administrator of the Fed3 eral Aviation Administration shall continue in effect the 

4 requirement of section 21.50(b) of title 14, Code of Fed5 eral Regulations, that the holder of a design approval—

6 ‘‘(1) shall prepare and furnish at least one set 

7 of complete instructions for continued airworthiness 

8 as prescribed in such section to the owner of each 

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

10 delivery or upon the issuance of the first standard 

11 airworthiness certificate for the affected aircraft, 

12 whichever occurs later; and 

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

14 any changes thereto, available to any other person 

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

16 Federal Regulations, to comply with any of the 

17 terms of the instructions. 

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

19 definitions apply: 

20 ‘‘(1) MAKE AVAILABLE.—The term ‘make avail21 able’ means providing at a fair and reasonable price. 

22 Such price may include recurring and non-recurring 

23 costs associated with post-certification development, 

24 preparation, and distribution. Such price may not 

25 include the initial product development costs related 

26 to the issuance of a design approval. 
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1 ‘‘(2) DESIGN APPROVAL.—The term ‘design ap2 proval’ means a type certificate, supplemental type 

3 certificate, amended type certificate, parts manufac4 turer approval, technical standard order authoriza5 tion, and any other action as determined by the Ad6 ministrator pursuant to subsection (c)(2). 

7 ‘‘(3) INSTRUCTIONS FOR CONTINUED AIR8 WORTHINESS.—The term ‘instructions for continued 

9 airworthiness’ means any information (and any 

10 changes to such information) considered essential to 

11 continued airworthiness that sets forth instructions 

12 and requirements for performing maintenance and 

13 alteration. 

14 ‘‘(c) RULEMAKING.—The Administrator shall con15 duct a rulemaking proceeding for the following purposes: 

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

17 ‘essential to continued airworthiness’ of the applica18 ble aircraft, aircraft engine, and propeller as that 

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

20 Code of Federal Regulations. 

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

22 include, in addition to those approvals specified in 

23 subsection (b)(2), any other activity in which per24 sons are required to have technical data approved by 

25 the Administrator. 
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1 ‘‘(3) To determine if design approval holders 

2 for aircraft, aircraft engines, and propellers that are 

3 in production on the date of enactment of this sec4 tion and for which application for a type certificate 

5 or supplemental type certificate was made before 

6 January 29, 1981, should be required to make in7 structions for continued airworthiness or mainte8 nance manuals available (including any changes 

9 thereto) to any person required by Federal Aviation 

10 Administration rules to comply with any of the 

11 terms of the instructions or manuals. 

12 ‘‘(4) To revise its rules to reflect the changes 

13 made by this section. 

14 ‘‘(d) DEADLINES FOR RULEMAKING.—

15 ‘‘(1) NOTICE OF PROPOSED RULEMAKING.—

16 The Administrator shall issue a notice of proposed 

17 rulemaking to carry out subsection (c) not later than 

18 one year after the date of enactment of this section. 

19 ‘‘(2) FINAL RULE.—The Administrator shall 

20 issue a final rule with respect to subsection (c) not 

21 later than one year after the final date for the sub22 mission of comments with respect to the proposed 

23 rulemaking. 

24 ‘‘(e) ENFORCEMENT OF CURRENT REGULATION.—

25 The Administrator shall review design approval holders 
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1 that were required to produce instructions for continued 

2 airworthiness under section 21.50(b) of title 14, Code of 

3 Federal Regulations. If the Administrator determines that 

4 a design approval holder has not produced such instruc5 tions, the Administrator shall require the design approval 

6 holder to prepare such instructions and make them avail7 able as required by this section not later than 1 year after 

8 the design approval holder is notified by the Administrator 

9 of the determination. 

10 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

11 Nothing is this section shall be construed as requiring the 

12 holder of a design approval to make available proprietary 

13 information unless it is deemed essential to continued air14 worthiness.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

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

17 following:

‘‘44728. Availability of maintenance information.’’.

18 SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO A SECU19 RITY THREAT. 

20 (a) IN GENERAL.—Chapter 461 is amended by add21 ing at the end the following: 

22 ‘‘§ 46111. Certificate actions in response to a security 

23 threat 

24 ‘‘(a) ORDERS.—The Administrator of Federal Avia25 tion Administration shall issue an order amending, modi-
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1 fying, suspending, or revoking any part of a certificate 

2 issued under this title if the Administrator is notified by 

3 the Under Secretary for Border and Transportation Secu4 rity of the Department of Homeland Security that the 

5 holder of the certificate poses, or is suspected of posing, 

6 a risk of air piracy or terrorism or a threat to airline or 

7 passenger safety. If requested by the Under Secretary, the 

8 order shall be effective immediately. 

9 ‘‘(b) HEARINGS FOR CITIZENS.—An individual who 

10 is a citizen of the United States who is adversely affected 

11 by an order of the Administrator under subsection (a) is 

12 entitled to a hearing on the record. 

13 ‘‘(c) HEARINGS.—When conducting a hearing under 

14 this section, the administrative law judge shall not be 

15 bound by findings of fact or interpretations of laws and 

16 regulations of the Administrator or the Under Secretary. 

17 ‘‘(d) APPEALS.—An appeal from a decision of an ad18 ministrative law judge as the result of a hearing under 

19 subsection (b) shall be made to the Transportation Secu20 rity Oversight Board established by section 115. The 

21 Board shall establish a panel to review the decision. The 

22 members of this panel (1) shall not be employees of the 

23 Transportation Security Administration, (2) shall have the 

24 level of security clearance needed to review the determina25 tion made under this section, and (3) shall be given access 
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1 to all relevant documents that support that determination. 

2 The panel may affirm, modify, or reverse the decision. 

3 ‘‘(e) REVIEW.—A person substantially affected by an 

4 action of a panel under subsection (d), or the Under Sec5 retary when the Under Secretary decides that the action 

6 of the panel under this section will have a significant ad7 verse impact on carrying out this part, may obtain review 

8 of the order under section 46110. The Under Secretary 

9 and the Administrator shall be made a party to the review 

10 proceedings. Findings of fact of the panel are conclusive 

11 if supported by substantial evidence. 

12 ‘‘(f) EXPLANATION OF DECISIONS.—An individual 

13 who commences an appeal under this section shall receive 

14 a written explanation of the basis for the determination 

15 or decision and all relevant documents that support that 

16 determination to the maximum extent that the national 

17 security interests of the United States and other applica18 ble laws permit. 

19 ‘‘(g) CLASSIFIED EVIDENCE.—

20 ‘‘(1) IN GENERAL.—The Under Secretary, in 

21 consultation with the Administrator, shall issue reg22 ulations to establish procedures by which the Under 

23 Secretary, as part of a hearing conducting under 

24 this section, may substitute an unclassified summary 
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1 of classified evidence upon the approval of the ad2 ministrative law judge. 

3 ‘‘(2) APPROVAL AND DISAPPROVAL OF SUM4 MARIES.—Under the procedures, an administrative 

5 law judge shall—

6 ‘‘(A) approve a summary if the judge finds 

7 that it is sufficient to enable the certificate 

8 holder to appeal an order issued under sub9 section (a); or 

10 ‘‘(B) disapprove a summary if the judge 

11 finds that it is not sufficient to enable the cer12 tificate holder to appeal such an order. 

13 ‘‘(3) MODIFICATIONS.—If an administrative law 

14 judge disapproves a summary under paragraph 

15 (2)(B), the judge shall direct the Under Secretary to 

16 modify the summary and resubmit the summary for 

17 approval. 

18 ‘‘(4) INSUFFICIENT MODIFICATIONS.—If an ad19 ministrative law judge is unable to approve a modi20 fied summary, the order issued under subsection (a) 

21 that is the subject of the hearing shall be set aside 

22 unless the judge finds that such a result—

23 ‘‘(A) would likely cause serious and irrep24 arable harm to the national security; or 
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1 ‘‘(B) would likely cause death or serious 

2 bodily injury to any person. 

3 ‘‘(5) SPECIAL PROCEDURES.—If an administra4 tive law judge makes a finding under subparagraph 

5 (A) or (B) of paragraph (4), the hearing shall pro6 ceed without an unclassified summary provided to 

7 the certificate holder. In such a case, subject to pro8 cedures established by regulation by the Under Sec9 retary in consultation with the Administrator, the 

10 administrative law judge shall appoint a special at11 torney to assist the accused by—

12 ‘‘(A) reviewing in camera the classified evi13 dence; and 

14 ‘‘(B) challenging, through an in camera 

15 proceeding, the veracity of the evidence con16 tained in the classified information.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 461 is amended by adding at the end the fol19 lowing:

‘‘46111. Certificate actions in response to a security threat.’’.

20 (c) REVIEW.—The first sentence of section 46110(a) 

21 is amended by striking ‘‘part’’ and inserting ‘‘subtitle’’. 

22 SEC. 422. FLIGHT ATTENDANT CERTIFICATION. 

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

24 by adding at the end the following: 
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1 ‘‘§ 44729. Flight attendant certification 

2 ‘‘(a) CERTIFICATE REQUIRED.—

3 ‘‘(1) IN GENERAL.—No person may serve as a 

4 flight attendant aboard an aircraft of an air carrier 

5 unless that person holds a certificate of dem6 onstrated proficiency from the Administrator of the 

7 Federal Aviation Administration. Upon the request 

8 of the Administrator or an authorized representative 

9 of the National Transportation Safety Board or an10 other Federal agency, a person who holds such a 

11 certificate shall present the certificate for inspection 

12 within a reasonable period of time after the date of 

13 the request. 

14 ‘‘(2) SPECIAL RULE FOR CURRENT FLIGHT AT15 TENDANTS.—An individual serving as a flight at16 tendant on the effective date of this section may 

17 continue to serve aboard an aircraft as a flight at18 tendant until completion by that individual of the re19 quired recurrent or requalification training and sub20 sequent certification under this section. 

21 ‘‘(3) TREATMENT OF FLIGHT ATTENDANT

22 AFTER NOTIFICATION.—On the date that the Ad23 ministrator is notified by an air carrier that an indi24 vidual has the demonstrated proficiency to be a 

25 flight attendant, the individual shall be treated for 
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1 purposes of this section as holding a certificate 

2 issued under the section. 

3 ‘‘(b) ISSUANCE OF CERTIFICATE.—The Adminis4 trator shall issue a certificate of demonstrated proficiency 

5 under this section to an individual after the Administrator 

6 is notified by the air carrier that the individual has suc7 cessfully completed all the training requirements for flight 

8 attendants approved by the Administrator. 

9 ‘‘(c) DESIGNATION OF PERSON TO DETERMINE SUC10 CESSFUL COMPLETION OF TRAINING.—In accordance 

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

12 the director of operations of an air carrier is designated 

13 to determine that an individual has successfully completed 

14 the training requirements approved by the Administrator 

15 for such individual to serve as a flight attendant. 

16 ‘‘(d) SPECIFICATIONS RELATING TO CERTIFI17 CATES.—Each certificate issued under this section shall—

18 ‘‘(1) be numbered and recorded by the Adminis19 trator; 

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

21 of the individual to whom the certificate is issued; 

22 ‘‘(3) contain the name of the employer that em23 ploys or will employ the certificate holder on the 

24 date that the certificate is issued; 
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1 ‘‘(4) is similar in size and appearance to certifi2 cates issued to airmen; 

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

4 certificate is issued; and 

5 ‘‘(6) be issued not later than 30 days after the 

6 Administrator receives notification from the air car7 rier of demonstrated proficiency and, in the case of 

8 an individual serving as flight attendant on the ef9 fective date of this section, not later than 1 year 

10 after such effective date. 

11 ‘‘(e) APPROVAL OF TRAINING PROGRAMS.—Air car12 rier flight attendant training programs shall be subject to 

13 approval by the Administrator. All flight attendant train14 ing programs approved by the Administrator in the 1-year 

15 period ending on the date of enactment of this section 

16 shall be treated as providing a demonstrated proficiency 

17 for purposes of meeting the certification requirements of 

18 this section. 

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

20 the term ‘flight attendant’ means an individual working 

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

22 20 or more seats and is being used by an air carrier to 

23 provide air transportation.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

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

3 following:

‘‘44729. Flight attendant certification.’’.

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

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

6 following the date of enactment of this Act. 

7 SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT 

8 WITHOUT PROVIDING SUFFICIENT NOTICE. 

9 (a) IN GENERAL.—Chapter 463 is amended by add10 ing at the end the following: 

11 ‘‘§ 46319. Closure of an airport without providing suf12 ficient notice 

13 ‘‘(a) PROHIBITION.—A public agency (as defined in 

14 section 47102) may not close an airport listed in the na15 tional plan of integrated airport systems under section 

16 47103 without providing written notice to the Adminis17 trator of the Federal Aviation Administration at least 30 

18 days before the date of the closure. 

19 ‘‘(b) PUBLICATION OF NOTICE.—The Administrator 

20 shall publish each notice received under subsection (a) in 

21 the Federal Register. 

22 ‘‘(c) CIVIL PENALTY.—A public agency violating sub23 section (a) shall be liable for a civil penalty of $10,000 

24 for each day that the airport remains closed without hav25 ing given the notice required by this section.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 463 is amended by adding at the end the fol3 lowing:

‘‘46319. Closure of an airport without providing sufficient notice.’’.

4 SEC. 424. NOISE EXPOSURE MAPS. 

5 Section 47503 is amended—

6 (1) in subsection (a) by striking ‘‘1985,’’ and 

7 inserting ‘‘a forecast period that is at least 5 years 

8 in the future’’; and 

9 (2) by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) REVISED MAPS.—If, in an area surrounding an 

12 airport, a change in the operation of the airport would 

13 establish a substantial new noncompatible use, or would 

14 significantly reduce noise over existing noncompatible 

15 uses, that is not reflected in either the existing conditions 

16 map or forecast map currently on file with the Federal 

17 Aviation Administration, the airport operator shall submit 

18 a revised noise exposure map to the Secretary showing the 

19 new noncompatible use or noise reduction.’’. 

20 SEC. 425. AMENDMENT OF GENERAL FEE SCHEDULE PRO21 VISION. 

22 The amendment made by section 119(d) of the Avia23 tion and Transportation Security Act (115 Stat. 629) 

24 shall not be affected by the savings provisions contained 

25 in section 141 of that Act (115 Stat. 643). 
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1 SEC. 426. IMPROVEMENT OF CURRICULUM STANDARDS 

2 FOR AVIATION MAINTENANCE TECHNICIANS. 

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

4 Aviation Administration shall ensure that the training 

5 standards for airframe and powerplant mechanics under 

6 part 65 of title 14, Code of Federal Regulations, are up7 dated and revised in accordance with this section. The Ad8 ministrator may update and revise the training standards 

9 through the initiation of a formal rulemaking or by issuing 

10 an advisory circular or other agency guidance. 

11 (b) ELEMENTS FOR CONSIDERATION.—The updated 

12 and revised standards required under subsection (a) shall 

13 include those curriculum adjustments that are necessary 

14 to more accurately reflect current technology and mainte15 nance practices. 

16 (c) MINIMUM TRAINING HOURS.—In making adjust17 ments to the maintenance curriculum requirements pursu18 ant to this section, the current requirement of 1900 min19 imum training hours shall be maintained. 

20 (d) CERTIFICATION.—Any adjustment or modifica21 tion of current curriculum standards made pursuant to 

22 this section shall be reflected in the certification examina23 tions of airframe and powerplant mechanics. 

24 (e) COMPLETION.—The revised and updated training 

25 standards required by subsection (a) shall be completed 
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1 not later than 12 months after the date of enactment of 

2 this Act. 

3 (f) PERIODIC REVIEWS AND UPDATES.—The Admin4 istrator shall review the content of the curriculum stand5 ards for training airframe and powerplant mechanics re6 ferred to in subsection (a) every 3 years after completion 

7 of the revised and updated training standards required 

8 under subsection (a) as necessary to reflect current tech9 nology and maintenance practices. 

10 SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPOR11 TATION SYSTEM. 

12 (a) IN GENERAL.—The President shall establish a 

13 task force to work with the Next Generation Air Transpor14 tation System Joint Program Office authorized under sec15 tion 106(k)(3). 

16 (b) MEMBERSHIP.—The task force shall be composed 

17 of representatives, appointed by the President, from air 

18 carriers, general aviation, pilots, and air traffic controllers 

19 and the following government organizations: 

20 (1) The Federal Aviation Administration. 

21 (2) The National Aeronautics and Space Ad22 ministration. 

23 (3) The Department of Defense. 

24 (4) The Department of Homeland Security. 
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1 (5) The National Oceanic and Atmospheric Ad2 ministration. 

3 (6) Other government organizations designated 

4 by the President. 

5 (c) FUNCTION.—The function of the task force shall 

6 be to develop an integrated plan to transform the Nation’s 

7 air traffic control system and air transportation system 

8 to meet its future needs. 

9 (d) PLAN.—Not later than 1 year after the date of 

10 establishment of the task force, the task force shall trans11 mit to the President and Congress a plan outlining the 

12 overall strategy, schedule, and resources needed to develop 

13 and deploy the Nation’s next generation air traffic control 

14 system and air transportation system. 

15 SEC. 428. AIR QUALITY IN AIRCRAFT CABINS. 

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

17 Aviation Administration shall undertake the studies and 

18 analysis called for in the report of the National Research 

19 Council entitled ‘‘The Airliner Cabin Environment and the 

20 Health of Passengers and Crew’’. 

21 (b) REQUIRED ACTIVITIES.—In carrying out this sec22 tion, the Administrator, at a minimum, shall—

23 (1) conduct surveillance to monitor ozone in the 

24 cabin on a representative number of flights and air-
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1 craft to determine compliance with existing Federal 

2 Aviation Regulations for ozone; 

3 (2) collect pesticide exposure data to determine 

4 exposures of passengers and crew; and 

5 (3) analyze samples of residue from aircraft 

6 ventilation ducts and filters after air quality inci7 dents to identify the allergens, diseases, and other 

8 contaminants to which passengers and crew were ex9 posed. 

10 (c) REPORT.—Not later than 30 months after the 

11 date of enactment of this Act, the Administrator shall 

12 transmit to Congress a report on the findings of the Ad13 ministrator under this section. 

14 SEC. 429. RECOMMENDATIONS CONCERNING TRAVEL 

15 AGENTS. 

16 (a) REPORT.—Not later than 6 months after the date 

17 of enactment of this Act, the Secretary of Transportation 

18 shall transmit to Congress a report on any actions that 

19 should be taken with respect to recommendations made 

20 by the National Commission to Ensure Consumer Infor21 mation and Choice in the Airline Industry on—

22 (1) the travel agent arbiter program; and 

23 (2) the special box on tickets for agents to in24 clude their service fee charges. 
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1 (b) CONSULTATION.—In preparing this report, the 

2 Secretary shall consult with representatives from the air3 line and travel agent industry. 

4 SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLI5 CATIONS OF TECHNOLOGY FOR MILITARY 

6 AIRCRAFT TO CIVILIAN AIRCRAFT. 

7 (a) IN GENERAL.—The President shall establish a 

8 task force to look for better methods for ensuring that 

9 technology developed for military aircraft is more quickly 

10 and easily transferred to applications for improving and 

11 modernizing the fleet of civilian aircraft. 

12 (b) MEMBERSHIP.—The task force shall be composed 

13 of the Secretary of Transportation who shall be the chair 

14 of the task force and representatives, appointed by the 

15 President, from the following: 

16 (1) The Department of Transportation. 

17 (2) The Federal Aviation Administration. 

18 (3) The Department of Defense. 

19 (4) The National Aeronautics and Space Ad20 ministration. 

21 (5) The aircraft manufacturing industry. 

22 (6) Such other organizations as the President 

23 may designate. 

24 (c) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the task force shall report to 
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1 Congress on the methods looked at by the task force for 

2 ensuring the transfer of applications described in sub3 section (a). 

4 SEC. 431. REIMBURSEMENT FOR LOSSES INCURRED BY 

5 GENERAL AVIATION ENTITIES. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 may make grants to reimburse the following general avia8 tion entities for the security costs incurred and revenue 

9 foregone as a result of the restrictions imposed by the 

10 Federal Government following the terrorist attacks on the 

11 United States that occurred on September 11, 2001, or 

12 the military action to free the people of Iraq that com13 menced in March 2003: 

14 (1) General aviation entities that operate at 

15 Ronald Reagan Washington National Airport. 

16 (2) Airports that are located within 15 miles of 

17 Ronald Reagan Washington National Airport and 

18 were operating under security restrictions on the 

19 date of enactment of this Act and general aviation 

20 entities operating at those airports. 

21 (3) General aviation entities that were affected 

22 by Federal Aviation Administration Notices to Air23 men FDC 2/0199 and 3/1862 and section 352 of the 

24 Department of Transportation and Related Agencies 
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1 Appropriations Act, 2003 (Public Law 108–7, divi2 sion 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. 432. 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. 433. 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. 434. 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) LIMITATION.—Subsection (a) shall not apply to 

10 a Federal Aviation Administration air traffic control tower 

11 operated under the contract tower program on the date 

12 of enactment of this Act or to any expansion of that pro13 gram under section 47124(b)(3) or 47124(b)(4) of title 

14 49, United States Code. 

15 SEC. 435. AIRFARES FOR MEMBERS OF THE ARMED 

16 FORCES. 

17 (a) FINDINGS.—Congress finds that—

18 (1) the Armed Forces is comprised of approxi19 mately 1,400,000 members who are stationed on ac20 tive duty at more than 6,000 military bases in 146 

21 different countries; 

22 (2) the United States is indebted to the mem23 bers of the Armed Forces, many of whom are in 

24 grave danger due to their engagement in, or expo25 sure to, combat; 
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1 (3) military service, especially in the current 

2 war against terrorism, often requires members of the 

3 Armed Forces to be separated from their families on 

4 short notice, for long periods of time, and under 

5 very stressful conditions; 

6 (4) the unique demands of military service often 

7 preclude members of the Armed Forces from pur8 chasing discounted advance airline tickets in order 

9 to visit their loved ones at home; and 

10 (5) it is the patriotic duty of the people of the 

11 United States to support the members of the Armed 

12 Forces who are defending the Nation’s interests 

13 around the world at great personal sacrifice. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that each United States air carrier should—

16 (1) establish for all members of the Armed 

17 Forces on active duty reduced air fares that are 

18 comparable to the lowest airfare for ticketed flights; 

19 and 

20 (2) offer flexible terms that allow members of 

21 the Armed Forces on active duty to purchase, mod22 ify, or cancel tickets without time restrictions, fees, 

23 and penalties. 
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1 SEC. 436. AIR CARRIERS REQUIRED TO HONOR TICKETS 

2 FOR SUSPENDED AIR SERVICE. 

3 Section 145(c) of the Aviation and Transportation 

4 Security Act (49 U.S.C. 40101 note; 115 stat. 645) is 

5 amended by striking ‘‘more than’’ and all that follows 

6 through ‘‘after’’ and inserting ‘‘more than 36 months 

7 after’’. 

8 SEC. 437. INTERNATIONAL AIR SHOW. 

9 (a) STUDY.—The Secretary of Transportation, in 

10 consultation with the Secretary of Defense, shall study the 

11 feasibility of the United States hosting a world-class inter12 national air show. 

13 (b) REPORT.—Not later than September 30, 2004, 

14 the Secretary shall transmit to Congress a report on the 

15 results of the study conducted under subsection (a) to16 gether with recommendations concerning potential loca17 tions at which the air show could be held. 

18 SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER. 

19 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

20 8331 of title 5, United States Code, is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (27); 

23 (2) by striking the period at the end of para24 graph (28) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(29) ‘air traffic controller’ or ‘controller’ 

2 means—

3 ‘‘(A) a controller within the meaning of 

4 section 2109(1); and 

5 ‘‘(B) a civilian employee of the Depart6 ment of Transportation or the Department of 

7 Defense holding a supervisory, managerial, ex8 ecutive, technical, semiprofessional, or profes9 sional position for which experience as a con10 troller (within the meaning of section 2109(1)) 

11 is a prerequisite.’’. 

12 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

13 Section 8401 of title 5, United States Code, is amended—

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (33); 

16 (2) by striking the period at the end of para17 graph (34) and inserting ‘‘; and’’; and 

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

19 ‘‘(35) ‘air traffic controller’ or ‘controller’ 

20 means—

21 ‘‘(A) a controller within the meaning of 

22 section 2109(1); and 

23 ‘‘(B) a civilian employee of the Depart24 ment of Transportation or the Department of 

25 Defense holding a supervisory, managerial, ex-
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1 ecutive, technical, semiprofessional, or profes2 sional position for which experience as a con3 troller (within the meaning of section 2109(1)) 

4 is a prerequisite.’’. 

5 (c) MANDATORY SEPARATION TREATMENT NOT AF6 FECTED.—

7 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec8 tion 8335(a) of title 5, United States Code, is 

9 amended by adding at the end the following: ‘‘For 

10 purposes of this subsection, the term ‘air traffic con11 troller’ or ‘controller’ has the meaning given to it 

12 under section 8331(29)(A).’’. 

13 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS14 TEM.—Section 8425(a) of title 5, United States 

15 Code, is amended by adding at the end the fol16 lowing: ‘‘For purposes of this subsection, the term 

17 ‘air traffic controller’ or ‘controller’ has the meaning 

18 given to it under section 8401(35)(A).’’. 

19 (d) EFFECTIVE DATE.—This section and the amend20 ments made by this section—

21 (1) shall take effect on the 60th day after the 

22 date of enactment of this Act; and 

23 (2) shall apply with respect to—
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1 (A) any annuity entitlement to which is 

2 based on an individual’s separation from service 

3 occurring on or after that 60th day; and 

4 (B) any service performed by any such in5 dividual before, on, or after that 60th day, sub6 ject to subsection (e). 

7 (e) DEPOSIT REQUIRED FOR CERTAIN PRIOR SERV8 ICE TO BE CREDITABLE AS CONTROLLER SERVICE.—

9 (1) DEPOSIT REQUIREMENT.—For purposes of 

10 determining eligibility for immediate retirement 

11 under section 8412(e) of title 5, United States Code, 

12 the amendment made by subsection (b) shall, with 

13 respect to any service described in paragraph (2), be 

14 disregarded unless there is deposited into the Civil 

15 Service Retirement and Disability Fund, with re16 spect to such service, in such time, form, and man17 ner as the Office of Personnel Management by regu18 lation requires, an amount equal to the amount by 

19 which—

20 (A) the deductions from pay which would 

21 have been required for such service if the 

22 amendments made by this section had been in 

23 effect when such service was performed, exceeds 
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1 (B) the unrefunded deductions or deposits 

2 actually made under subchapter II of chapter 

3 84 of such title 5 with respect to such service. 

4 The amount under the preceding sentence shall in5 clude interest, computed under paragraphs (2) and 

6 (3) of section 8334(e) of such title 5. 

7 (2) PRIOR SERVICE DESCRIBED.—This sub8 section applies with respect to any service performed 

9 by an individual, before the 60th day following the 

10 date of enactment of this Act, as an employee de11 scribed in section 8401(35)(B) of such title 5 (as set 

12 forth in subsection (b)). 

13 SEC. 439. JUSTIFICATION FOR AIR DEFENSE IDENTIFICA14 TION ZONE. 

15 (a) IN GENERAL.—If the Administrator of the Fed16 eral Aviation Administration establishes an Air Defense 

17 Identification Zone (in this section referred as an 

18 ‘‘ADIZ’’), the Administrator shall transmit, not later than 

19 60 days after the date of establishing the ADIZ, to the 

20 Committee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate a report 

23 containing an explanation of the need for the ADIZ. The 

24 Administrator also shall transmit to the Committees up25 dates of the report every 60 days until the ADIZ is re-
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1 scinded. The reports and updates shall be transmitted in 

2 classified form. 

3 (b) EXISTING ADIZ.—If an ADIZ is in effect on the 

4 date of enactment of this Act, the Administrator shall 

5 transmit an initial report under subsection (a) not later 

6 than 30 days after such date of enactment. 

7 (c) DESCRIPTION OF CHANGES TO IMPROVE OPER8 ATIONS.—A report transmitted by the Administrator 

9 under this section shall include a description of any 

10 changes in procedures or requirements that could improve 

11 operational efficiency or minimize operational impacts of 

12 the ADIZ on pilots and controllers. This portion of the 

13 report may be transmitted in classified or unclassified 

14 form. 

15 (d) DEFINITION.—In this section, the terms ‘‘Air De16 fense Identification Zone’’ and ‘‘ADIZ’’ each mean a zone 

17 established by the Administrator with respect to airspace 

18 under 18,000 feet in approximately a 15- to 38-mile ra19 dius around Washington, District of Columbia, for which 

20 security measures are extended beyond the existing 15-

21 mile no-fly zone around Washington and in which general 

22 aviation aircraft are required to adhere to certain proce23 dures issued by the Administrator. 
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1 SEC. 440. INTERNATIONAL AIR TRANSPORTATION. 

2 It is the sense of Congress that, in an effort to mod3 ernize its regulations, the Department of Transportation 

4 should formally define ‘‘Fifth Freedom’’ and ‘‘Seventh 

5 Freedom’’ consistently for both scheduled and charter pas6 senger and cargo traffic. 

7 SEC. 441. REIMBURSEMENT OF AIR CARRIERS FOR CER8 TAIN SCREENING AND RELATED ACTIVITIES. 

9 The Secretary of Transportation, subject to the avail10 ability of funds (other than amounts in the Aviation Trust 

11 Fund) provided for this purpose, shall reimburse air car12 riers and airports for the following: 

13 (1) All screening and related activities that the 

14 air carriers or airports are still performing or con15 tinuing to be responsible for, including—

16 (A) the screening of catering supplies; 

17 (B) checking documents at security check18 points; 

19 (C) screening of passengers; and 

20 (D) screening of persons with access to 

21 aircraft. 

22 (2) The provision of space and facilities used to 

23 perform screening functions if such space and facili24 ties have been previously used, or were intended to 

25 be used, for revenue-producing purposes. 
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1 SEC. 442. GENERAL AVIATION FLIGHTS AT RONALD 

2 REAGAN WASHINGTON NATIONAL AIRPORT. 

3 It is the sense of Congress that Ronald Reagan 

4 Washington National Airport should be open to general 

5 aviation flights as soon as possible. 

6 SEC. 443. CHARTER AIRLINES. 

7 (a) IN GENERAL.—Section 41104(b)(1) is amend8 ed—

9 (1) by striking ‘‘paragraph (3)’’ and inserting 

10 ‘‘paragraphs (3) and (4)’’; 

11 (2) by inserting a comma after ‘‘regularly 

12 scheduled charter air transportation’’; and 

13 (3) by striking ‘‘flight unless such air transpor14 tation’’ and all that follows through the period at 

15 the end and inserting the following: ‘‘flight, to or 

16 from an airport that—

17 ‘‘(A) does not have an airport operating 

18 certificate issued under part 139 of title 14, 

19 Code of Federal Regulations (or any subsequent 

20 similar regulation); or 

21 ‘‘(B) has an airport operating certificate 

22 issued under part 139 of title 14, Code of Fed23 eral Regulations (or any subsequent similar reg24 ulation) if the airport—

25 ‘‘(i) is a reliever airport (as defined in 

26 section 47102) and is designated as such 
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1 in the national plan of integrated airports 

2 maintained under section 47103; and 

3 ‘‘(ii) is located within 20 nautical 

4 miles (22 statute miles) of 3 or more air5 ports that annually account for at least 1 

6 percent of the total United States pas7 senger enplanements and at least 2 of 

8 which are operated by the sponsor of the 

9 reliever airport.’’. 

10 (b) WAIVERS.—Section 41104(b) is amended by add11 ing at the end the following: 

12 ‘‘(4) WAIVERS.—The Secretary may waive the 

13 application of paragraph (1)(B) in cases in which 

14 the Secretary determines that the public interest so 

15 requires.’’. 

16 SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STAND17 ARDS. 

18 Not later than July 1, 2004, the Secretary of Trans19 portation shall issue regulations to implement Chapter 4 

20 noise standards, consistent with the recommendations 

21 adopted by the International Civil Aviation Organization. 

22 SEC. 445. CREW TRAINING. 

23 Section 44918 is amended to read as follows: 

24 ‘‘§ 44918. Crew training 

25 ‘‘(a) BASIC SECURITY TRAINING.—
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1 ‘‘(1) IN GENERAL.—Each air carrier providing 

2 scheduled passenger air transportation shall carry 

3 out a training program for flight and cabin crew 

4 members to prepare the crew members for potential 

5 threat conditions. 

6 ‘‘(2) PROGRAM ELEMENTS.—An air carrier 

7 training program under this subsection shall include, 

8 at a minimum, elements that address each of the fol9 lowing: 

10 ‘‘(A) Recognizing suspicious activities and 

11 determining the seriousness of any occurrence. 

12 ‘‘(B) Crew communication and coordina13 tion. 

14 ‘‘(C) The proper commands to give pas15 sengers and attackers. 

16 ‘‘(D) Appropriate responses to defend one17 self. 

18 ‘‘(E) Use of protective devices assigned to 

19 crew members (to the extent such devices are 

20 required by the Administrator of the Federal 

21 Aviation Administration or the Under Secretary 

22 for Border and Transportation Security of the 

23 Department of Homeland Security). 

24 ‘‘(F) Psychology of terrorists to cope with 

25 hijacker behavior and passenger responses. 
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1 ‘‘(G) Situational training exercises regard2 ing various threat conditions. 

3 ‘‘(H) Flight deck procedures or aircraft 

4 maneuvers to defend the aircraft and cabin 

5 crew responses to such procedures and maneu6 vers. 

7 ‘‘(I) The proper conduct of a cabin search. 

8 ‘‘(J) Any other subject matter considered 

9 appropriate by the Under Secretary. 

10 ‘‘(3) APPROVAL.—An air carrier training pro11 gram under this subsection shall be subject to ap12 proval by the Under Secretary. 

13 ‘‘(4) MINIMUM STANDARDS.—Not later than 

14 one year after the date of enactment of the Flight 

15 100—Century of Aviation Reauthorization Act, the 

16 Under Secretary shall establish minimum standards 

17 for the training provided under this subsection and 

18 for recurrent training. 

19 ‘‘(5) EXISTING PROGRAMS.—Notwithstanding 

20 paragraph (3), any training program of an air car21 rier to prepare flight and cabin crew members for 

22 potential threat conditions that was approved by the 

23 Administrator or the Under Secretary before the 

24 date of enactment of the Flight 100—Century of 

25 Aviation Reauthorization Act may continue in effect 
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1 until disapproved or ordered modified by the Under 

2 Secretary. 

3 ‘‘(6) MONITORING.—The Under Secretary, in 

4 consultation with the Administrator, shall monitor 

5 air carrier training programs under this subsection 

6 and periodically shall review an air carrier’s training 

7 program to ensure that the program is adequately 

8 preparing crew members for potential threat condi9 tions. In determining when an air carrier’s training 

10 program should be reviewed under this paragraph, 

11 the Under Secretary shall consider complaints from 

12 crew members. The Under Secretary shall ensure 

13 that employees responsible for monitoring the train14 ing programs have the necessary resources and 

15 knowledge. 

16 ‘‘(7) UPDATES.—The Under Secretary, in con17 sultation with the Administrator, shall order air car18 riers to modify training programs under this sub19 section to reflect new or different security threats. 

20 ‘‘(b) ADVANCED SELF DEFENSE TRAINING.—

21 ‘‘(1) IN GENERAL.—Not later than one year 

22 after the date of enactment of the Flight 100—Cen23 tury of Aviation Reauthorization Act, the Under 

24 Secretary shall develop and provide a voluntary 

25 training program for flight and cabin crew members 
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1 of air carriers providing scheduled passenger air 

2 transportation. 

3 ‘‘(2) PROGRAM ELEMENTS.—The training pro4 gram under this subsection shall include both class5 room and effective hands-on training in the following 

6 elements of self-defense: 

7 ‘‘(A) Deterring a passenger who might 

8 present a threat. 

9 ‘‘(B) Advanced control, striking, and re10 straint techniques. 

11 ‘‘(C) Training to defend oneself against 

12 edged or contact weapons. 

13 ‘‘(D) Methods to subdue and restrain an 

14 attacker. 

15 ‘‘(E) Use of available items aboard the air16 craft for self-defense. 

17 ‘‘(F) Appropriate and effective responses 

18 to defend oneself, including the use of force 

19 against an attacker. 

20 ‘‘(G) Explosive device recognition. 

21 ‘‘(H) Any other element of training that 

22 the Under Secretary considers appropriate. 

23 ‘‘(3) PARTICIPATION NOT REQUIRED.—A crew 

24 member shall not be required to participate in the 

25 training program under this subsection. 
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1 ‘‘(4) COMPENSATION.—Neither the Federal 

2 Government nor an air carrier shall be required to 

3 compensate a crew member for participating in the 

4 training program under this subsection. 

5 ‘‘(5) FEES.—A crew member shall not be re6 quired to pay a fee for the training program under 

7 this subsection. 

8 ‘‘(6) CONSULTATION.—In developing the train9 ing program under this subsection, the Under Sec10 retary shall consult with law enforcement personnel 

11 and security experts who have expertise in self-de12 fense training, terrorism experts, representatives of 

13 air carriers, the director of self-defense training in 

14 the Federal Air Marshals Service, flight attendants, 

15 labor organizations representing flight attendants, 

16 and educational institutions offering law enforce17 ment training programs. 

18 ‘‘(7) DESIGNATION OF TSA OFFICIAL.—The 

19 Under Secretary shall designate an official in the 

20 Transportation Security Administration to be re21 sponsible for implementing the training program 

22 under this subsection. The official shall consult with 

23 air carriers and labor organizations representing 

24 crew members before implementing the program to 
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1 ensure that it is appropriate for situations that may 

2 arise on board an aircraft during a flight. 

3 ‘‘(c) LIMITATION.—Actions by crew members under 

4 this section shall be subject to the provisions of section 

5 44903(k).’’. 

6 SEC. 446. REVIEW OF COMPENSATION CRITERIA. 

7 Not later than 6 months after the date of enactment 

8 of this Act, the Comptroller General shall review the cri9 teria used by the Air Transportation Stabilization Board 

10 to compensate air carriers following the terrorist attack 

11 of September 11, 2001, with a particular focus on whether 

12 it is appropriate to compensate air carriers for the de13 crease in value of their aircraft after September 11th. 

14 SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN 

15 ALASKA. 

16 Not later than 6 months after the date of enactment 

17 of this Act, the Administrator of the Federal Aviation Ad18 ministration shall report to Congress on whether, in light 

19 of the demands of business within Alaska, it would be ap20 propriate to permit an aircraft to be operated under part 

21 91 of title 14, Code of Federal Regulations, where com22 mon carriage is not involved but (1) the operator of the 

23 aircraft organizes an entity where the only purpose of such 

24 entity is to provide transportation by air of persons and 

25 property to related business entities, individuals, and em-
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1 ployees of such entities, and (2) the charge for such trans2 portation does not to exceed the cost of owning, operating, 

3 and maintaining the aircraft. 

4 TITLE V—AIRPORT 

5 DEVELOPMENT 

6 SEC. 501. DEFINITIONS. 

7 (a) IN GENERAL.—Section 47102 is amended—

8 (1) by redesignating paragraphs (19) and (20) 

9 as paragraphs (24) and (25), respectively; 

10 (2) by inserting after paragraph (18) the fol11 lowing: 

12 ‘‘(23) ‘small hub airport’ means a commercial 

13 service airport that has at least 0.05 percent but less 

14 than 0.25 percent of the passenger boardings.’’; 

15 (3) in paragraph (10) by striking subpara16 graphs (A) and (B) and inserting following: 

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

18 otherwise, revenue passenger boardings in the 

19 United States in the prior calendar year on an 

20 aircraft in service in air commerce, as the Sec21 retary determines under regulations the Sec22 retary prescribes; and 

23 ‘‘(B) includes passengers who continue on 

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

2 or Hawaii for a nontraffic purpose.’’; 

3 (4) by redesignating paragraphs (10) through 

4 (18) as paragraphs (14) through (22), respectively; 

5 (5) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) ‘large hub airport’ means a commercial 

8 service airport that has at least 1.0 percent of the 

9 passenger boardings. 

10 ‘‘(12) ‘medium hub airport’ means a commer11 cial service airport that has at least 0.25 percent but 

12 less than 1.0 percent of the passenger boardings. 

13 ‘‘(13) ‘nonhub airport’ means a commercial 

14 service airport that has less than 0.05 percent of the 

15 passenger boardings.’’; and 

16 (6) by striking paragraph (6) and inserting the 

17 following: 

18 ‘‘(6) ‘amount made available under section 

19 48103’ or ‘amount newly made available’ means the 

20 amount authorized for grants under section 48103 

21 as that amount may be limited in that year by a 

22 subsequent law, but as determined without regard to 

23 grant obligation recoveries made in that year or 

24 amounts covered by section 47107(f).’’. 
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1 (b) CONFORMING AMENDMENT.—Section 

2 47116(b)(1) is amended by striking ‘‘(as defined in section 

3 41731 of this title)’’. 

4 SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYS5 TEMS. 

6 Section 47102(3)(B)(x) is amended by striking the 

7 period at the end and inserting the following: ‘‘; except 

8 that such activities shall be eligible for funding under this 

9 subchapter only using amounts apportioned under section 

10 47114.’’. 

11 SEC. 503. SECURITY COSTS AT SMALL AIRPORTS. 

12 (a) SECURITY COSTS.—Section 47102(3)(J) is 

13 amended to read as follows: 

14 ‘‘(J) in the case of a nonhub airport or an 

15 airport that is not a primary airport in fiscal 

16 year 2004, direct costs associated with new, ad17 ditional, or revised security requirements im18 posed on airport operators by law, regulation, 

19 or order on or after September 11, 2001, if the 

20 Government’s share is paid only from amounts 

21 apportioned to a sponsor under section 

22 47114(c), 47114(d)(3)(A), or 47114(e)’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 47110(b)(2) is amended—
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1 (1) in subparagraph (D) by striking ‘‘, 

2 47102(3)(K), or 47102(3)(L)’’; and 

3 (2) by aligning the margin of subparagraph (D) 

4 with the margin of subparagraph (B). 

5 SEC. 504. WITHHOLDING OF PROGRAM APPLICATION AP6 PROVAL. 

7 Section 47106(d) is amended—

8 (1) in paragraph (1) by striking ‘‘section 

9 47114(c) and (e) of this title’’ and inserting ‘‘sub10 sections (c), (d), and (e) of section 47114’’; and 

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

12 ‘‘(4) If the Secretary withholds a grant to an airport 

13 from the discretionary fund under section 47115 or from 

14 the small airport fund under section 47116 on the grounds 

15 that the sponsor has violated an assurance or requirement 

16 of this subchapter, the Secretary shall follow the proce17 dures of this subsection.’’. 

18 SEC. 505. RUNWAY SAFETY AREAS. 

19 Section 47106 is amended by adding at the end the 

20 following: 

21 ‘‘(h) RUNWAY SAFETY AREAS.—The Secretary may 

22 approve an application under this chapter for a project 

23 grant to construct, reconstruct, repair, or improve a run24 way only if the Secretary receives written assurances, sat25 isfactory to the Secretary, that the sponsor will undertake, 
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1 to the maximum extent practical, improvement of the run2 way’s safety area to meet the standards of the Federal 

3 Aviation Administration.’’. 

4 SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE 

5 COMPATIBILITY PURPOSES. 

6 Section 47107(c)(2)(A)(iii) is amended by inserting 

7 before the semicolon at the end the following: ‘‘, including 

8 the purchase of nonresidential buildings or property in the 

9 vicinity of residential buildings or property previously pur10 chased by the airport as part of a noise compatibility pro11 gram’’. 

12 SEC. 507. GRANT ASSURANCES. 

13 (a) HANGAR CONSTRUCTION.—Section 47107(a) is 

14 amended—

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (19); 

17 (2) by striking the period at the end of para18 graph (20) and inserting ‘‘; and’’; and 

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

20 ‘‘(21) if the airport owner or operator and a 

21 person who owns an aircraft agree that a hangar is 

22 to be constructed at the airport for the aircraft at 

23 the aircraft owner’s expense, the airport owner or 

24 operator will grant to the aircraft owner for the 

25 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’’; 

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(e) 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 

2 500,000 passenger boardings at the airport 

3 during the prior calendar year; 

4 ‘‘(v) $.50 cents for each of the next 

5 2,500,000 passenger boardings at the air6 port during the prior calendar year; and 

7 ‘‘(vi) $.45 cents for each additional 

8 passenger boarding at the airport during 

9 the prior calendar year.’’. 

10 (b) SPECIAL RULE FOR FISCAL YEARS 2004 AND

11 2005.—Section 47114(c)(1) is amended by adding at the 

12 end the following: 

13 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS

14 2004 AND 2005.—Notwithstanding subparagraph 

15 (A) and the absence of scheduled passenger air16 craft service at an airport, the Secretary may 

17 apportion in fiscal years 2004 and 2005 to the 

18 sponsor of the airport an amount equal to the 

19 amount apportioned to that sponsor in fiscal 

20 year 2002 or 2003, whichever amount is great21 er, if the Secretary finds that—

22 ‘‘(i) the passenger boardings at the 

23 airport were below 10,000 in calendar year 

24 2002 or 2003; 
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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 

16 a sponsor of an airport under section 47114(c) or 

17 47114(d)(3)(A) is available for grants for any pub18 lic-use airport of the sponsor included in the na19 tional 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) PERIOD OF AVAILABILITY.—Section 47117(b) is 

16 amended by striking ‘‘primary airport’’ and all that fol17 lows through ‘‘calendar year’’ and inserting ‘‘nonhub air18 port or any airport that is not a commercial service air19 port’’. 

20 (b) SPECIAL APPORTIONMENT CATEGORIES.—Sec21 tion 47117(e)(1)(A) is amended—

22 (1) by striking ‘‘of this title’’ the first place it 

23 appears and inserting a comma; and 

24 (2) by striking ‘‘of this title’’ the second place 

25 it appears and inserting ‘‘, for noise mitigation 
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1 projects approved in an environmental record of de2 cision for an airport development project under this 

3 title, for compatible land use planning and projects 

4 carried out by State and local governments under 

5 section 47140, and for airport development de6 scribed in section 47102(3)(F) or 47102(3)(K) to 

7 comply with the Clean Air Act (42 U.S.C. 7401 et 

8 seq.)’’. 

9 (c) ELIMINATION OF SUPER RELIEVER SET10 ASIDE.—Section 47117(e)(1)(C) is repealed. 

11 (d) RECOVERED FUNDS.—Section 47117 is further 

12 amended by adding at the end the following: 

13 ‘‘(h) TREATMENT OF CANCELED OR REDUCED

14 GRANT OBLIGATIONS.—For the purpose of determining 

15 compliance with a limitation, enacted in an appropriations 

16 Act, on the amount of grant obligations of funds made 

17 available by section 48103 that may be incurred in a fiscal 

18 year, an amount that is recovered by canceling or reducing 

19 a grant obligation of funds made available by section 

20 48103 shall be treated as a negative obligation that is to 

21 be netted against the obligation limitation as enacted and 

22 thus may permit the obligation limitation to be exceeded 

23 by an equal amount.’’. 
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1 SEC. 514. MILITARY AIRPORT PROGRAM. 

2 (a) INCREASED FUNDING LEVELS.—Subsections (e) 

3 and (f) of section 47118 are each amended by striking 

4 ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. 

5 (b) REIMBURSEMENT FOR CERTAIN CONSTRUCTION

6 COSTS.—Section 47118(f) is amended—

7 (1) by striking ‘‘Not more than’’ and inserting 

8 the following: 

9 ‘‘(1) CONSTRUCTION.—Not more than’’; and 

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

11 ‘‘(2) REIMBURSEMENT.—Upon approval of the 

12 Secretary, the sponsor of a current or former mili13 tary airport the Secretary designates under this sec14 tion may use an amount apportioned under section 

15 47114, or made available under section 47119(b), to 

16 the airport for reimbursement of costs incurred by 

17 the airport in fiscal years 2003 and 2004 for con18 struction, improvement, or repair described in para19 graph (1).’’. 

20 SEC. 515. TERMINAL DEVELOPMENT COSTS. 

21 Section 47119(a) is amended to read as follows: 

22 ‘‘(a) REPAYING BORROWED MONEY.—

23 ‘‘(1) TERMINAL DEVELOPMENT COSTS IN24 CURRED AFTER JUNE 30, 1970, AND BEFORE JULY

25 12, 1976.—An amount apportioned under section 

26 47114 and made available to the sponsor of a com-
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1 mercial service airport at which terminal develop2 ment was carried out after June 30, 1970, and be3 fore July 12, 1976, is available to repay immediately 

4 money borrowed and used to pay the costs for such 

5 terminal development if those costs would be allow6 able project costs under section 47110(d) if they had 

7 been incurred after September 3, 1982. 

8 ‘‘(2) TERMINAL DEVELOPMENT COSTS IN9 CURRED BETWEEN JANUARY 1, 1992, AND OCTOBER

10 31, 1992.—An amount apportioned under section 

11 47114 and made available to the sponsor of a 

12 nonhub airport at which terminal development was 

13 carried out between January 1, 1992, and October 

14 31, 1992, is available to repay immediately money 

15 borrowed and to pay the costs for such terminal de16 velopment if those costs would be allowable project 

17 costs under section 47110(d). 

18 ‘‘(3) TERMINAL DEVELOPMENT COSTS AT PRI19 MARY AIRPORTS.—An amount apportioned under 

20 section 47114 or available under subsection (b)(3) to 

21 a primary airport—

22 ‘‘(A) that was a nonhub airport in the 

23 most recent year used to calculate apportion24 ments under section 47114; 
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1 ‘‘(B) that is a designated airport under 

2 section 47118 in fiscal year 2003; and 

3 ‘‘(C) at which terminal development is car4 ried out between January 2003 and August 

5 2004, 

6 is available to repay immediately money borrowed 

7 and used to pay the costs for such terminal develop8 ment if those costs would be allowable project costs 

9 under section 47110(d). 

10 ‘‘(4) CONDITIONS FOR GRANT.—An amount is 

11 available for a grant under this subsection only if—

12 ‘‘(A) the sponsor submits the certification 

13 required under section 47110(d); 

14 ‘‘(B) the Secretary of Transportation de15 cides that using the amount to repay the bor16 rowed money will not defer an airport develop17 ment project outside the terminal area at that 

18 airport; and 

19 ‘‘(C) amounts available for airport develop20 ment under this subchapter will not be used for 

21 additional terminal development projects at the 

22 airport for at least 3 years beginning on the 

23 date the grant is used to repay the borrowed 

24 money. 
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1 ‘‘(5) APPLICABILITY OF CERTAIN LIMITA2 TIONS.—A grant under this subsection shall be sub3 ject to the limitations in subsection (b)(1) and (2).’’. 

4 SEC. 516. CONTRACT TOWERS. 

5 Section 47124(b) is amended—

6 (1) in paragraph (1) by striking ‘‘on December 

7 30, 1987,’’ and inserting ‘‘on date of enactment of 

8 the Flight 100—Century of Aviation Reauthoriza9 tion Act’’; 

10 (2) in the heading for paragraph (3) by striking 

11 ‘‘PILOT’’; 

12 (3) in paragraph (4)(C) by striking 

13 ‘‘$1,100,000’’ and inserting ‘‘$1,500,000’’; and 

14 (4) by striking ‘‘pilot’’ each place it appears. 

15 SEC. 517. AIRPORT SAFETY DATA COLLECTION. 

16 Section 47130 is amended to read as follows: 

17 ‘‘§ 47130. Airport safety data collection 

18 ‘‘Notwithstanding any other provision of law, the Ad19 ministrator of the Federal Aviation Administration may 

20 award a contract, using sole source or limited source au21 thority, or enter into a cooperative agreement with, or pro22 vide a grant from amounts made available under section 

23 48103 to, a private company or entity for the collection 

24 of airport safety data. In the event that a grant is provided 
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1 under this section, the United States Government’s share 

2 of the cost of the data collection shall be 100 percent.’’. 

3 SEC. 518. AIRPORT PRIVATIZATION PILOT PROGRAM. 

4 (a) IN GENERAL.—Section 47134(b)(1) is amend5 ed—

6 (1) in subparagraph (A) by striking clauses (i) 

7 and (ii) and inserting the following: 

8 ‘‘(i) in the case of a primary airport, 

9 by at least 65 percent of the scheduled air 

10 carriers serving the airport and by sched11 uled and nonscheduled air carriers whose 

12 aircraft landing at the airport during the 

13 preceding calendar year, had a total landed 

14 weight during the preceding calendar year 

15 of at least 65 percent of the total landed 

16 weight of all aircraft landing at the airport 

17 during such year; or 

18 ‘‘(ii) by the Secretary at any nonpri19 mary airport after the airport has con20 sulted with at least 65 percent of the own21 ers of aircraft based at that airport, as de22 termined by the Secretary.’’; 

23 (2) by redesignating subparagraph (B) as sub24 paragraph (C); and 
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1 (3) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) OBJECTION TO EXEMPTION.—An air 

4 carrier shall be deemed to have approved a 

5 sponsor’s application for an exemption under 

6 subparagraph (A) unless the air carrier has 

7 submitted an objection, in writing, to the spon8 sor within 60 days of the filing of the sponsor’s 

9 application with the Secretary, or within 60 

10 days of the service of the application upon that 

11 air carrier, whichever is later.’’. 

12 (b) FEDERAL SHARE.—Section 47109(a) is amend13 ed—

14 (1) by inserting ‘‘and’’ at the end of paragraph 

15 (3); 

16 (2) by striking paragraph (4); and 

17 (3) by redesignating paragraph (5) as para18 graph (4). 

19 SEC. 519. INNOVATIVE FINANCING TECHNIQUES. 

20 (a) ELIGIBLE PROJECTS.—Section 47135(a) is 

21 amended—

22 (1) in the first sentence by inserting after ‘‘ap23 prove’’ the following: ‘‘after the date of enactment of 

24 the Flight 100—Century of Aviation Reauthoriza25 tion Act’’; 
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1 (2) in the first sentence by striking ‘‘20’’ and 

2 inserting ‘‘12’’; and 

3 (3) by striking the second sentence and insert4 ing the following: ‘‘A project using an innovative fi5 nancing technique described in subsection (c)(2)(A) 

6 or (c)(2)(B) shall be located at an airport that is not 

7 a medium or large hub airport. A project using the 

8 innovative financing technique described in sub9 section (c)(2)(C) shall be located at an airport that 

10 is a medium or large hub airport.’’. 

11 (b) INNOVATIVE FINANCING TECHNIQUES.—Section 

12 47135(c)(2) is amended—

13 (1) by striking subparagraphs (A) and (B); 

14 (2) by redesignating subparagraphs (C) and 

15 (D) as subparagraphs (A) and (B), respectively; 

16 (3) in subparagraph (A) (as so redesignated) by 

17 striking ‘‘and’’ at the end; 

18 (4) in subparagraph (B) (as so redesignated) by 

19 striking the period at the end and inserting ‘‘; and’’; 

20 and 

21 (5) by adding at the end the following: 

22 ‘‘(C) payment of interest on indebtedness 

23 incurred to carry out a project for airport devel24 opment.’’. 
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1 (c) SAVINGS CLAUSE.—The amendments made by 

2 this section shall not affect applications approved under 

3 section 47135 of title 49, United States Code, before the 

4 date of enactment of this Act. 

5 SEC. 520. AIRPORT SECURITY PROGRAM. 

6 Section 47137 is amended—

7 (1) by redesignating subsections (e) and (f) as 

8 subsections (f) and (g), respectively; and 

9 (2) by inserting after subsection (d) the fol10 lowing: 

11 ‘‘(e) ADMINISTRATION.—The Secretary, in coopera12 tion with the Secretary of Homeland Security, shall ad13 minister the program authorized by this section.’’. 

14 SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND INFRA15 STRUCTURE. 

16 (a) EMISSIONS CREDITS.—Subchapter I of chapter 

17 471 is amended by adding at the end the following: 

18 ‘‘§ 47138. Emission credits for air quality projects 

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

20 and the Administrator of the Environmental Protection 

21 Agency shall jointly agree on how to assure that airport 

22 sponsors receive appropriate emission credits for carrying 

23 out projects described in sections 40117(a)(3)(G), 

24 47102(3)(K), and 47102(3)(L). Such agreement must in25 clude, at a minimum, the following conditions: 
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1 ‘‘(1) The provision of credits is consistent with 

2 the Clean Air Act (42 U.S.C. 7402 et seq.). 

3 ‘‘(2) Credits generated by the emissions reduc4 tions are kept by the airport sponsor and may only 

5 be used for purposes of any current or future gen6 eral conformity determination under the Clean Air 

7 Act or as offsets under the Environmental Protec8 tion Agency’s new source review program for 

9 projects on the airport or associated with the air10 port. 

11 ‘‘(3) Credits are calculated and provided to air12 ports on a consistent basis nationwide. 

13 ‘‘(4) Credits are provided to airport sponsors in 

14 a timely manner. 

15 ‘‘(5) The establishment of a method to assure 

16 the Secretary that, for any specific airport project 

17 for which funding is being requested, the appro18 priate credits will be granted. 

19 ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.—

20 ‘‘(1) IN GENERAL.—As a condition for making 

21 a grant for a project described in section 

22 47102(3)(K), 47102(3)(L), or 47139 or as a condi23 tion for granting approval to collect or use a pas24 senger facility fee for a project described in section 

25 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 
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1 47139, the Secretary must receive assurance from 

2 the State in which the project is located, or from the 

3 Administrator of the Environmental Protection 

4 Agency where there is a Federal implementation 

5 plan, that the airport sponsor will receive appro6 priate emission credits in accordance with the condi7 tions of this section. 

8 ‘‘(2) AGREEMENT ON PREVIOUSLY APPROVED

9 PROJECTS.—The Secretary and the Administrator of 

10 the Environmental Protection Agency shall jointly 

11 agree on how to provide emission credits to airport 

12 projects previously approved under section 47136 

13 under terms consistent with the conditions enumer14 ated in this section.’’. 

15 (b) AIRPORT GROUND SUPPORT EQUIPMENT EMIS16 SIONS RETROFIT PILOT PROGRAM.—Subchapter I of 

17 chapter 471 is further amended by adding at the end the 

18 following: 

19 ‘‘§ 47139. Airport ground support equipment emis20 sions retrofit pilot program 

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

22 shall carry out a pilot program at not more than 10 com23 mercial service airports under which the sponsors of such 

24 airports may use an amount made available under section 

25 48103 to retrofit existing eligible airport ground support 
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1 equipment that burns conventional fuels to achieve lower 

2 emissions utilizing emission control technologies certified 

3 or verified by the Environmental Protection Agency. 

4 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

5 OR MAINTENANCE AREAS.—A commercial service airport 

6 shall be eligible for participation in the pilot program only 

7 if the airport is located in an air quality nonattainment 

8 area (as defined in section 171(2) of the Clean Air Act 

9 (42 U.S.C. 7501(2)) or a maintenance area referred to 

10 in section 175A of such Act (42 U.S.C. 7505a). 

11 ‘‘(c) SELECTION CRITERIA.—In selecting from 

12 among applicants for participation in the pilot program, 

13 the Secretary shall give priority consideration to appli14 cants that will achieve the greatest air quality benefits 

15 measured by the amount of emissions reduced per dollar 

16 of funds expended under the pilot program. 

17 ‘‘(d) MAXIMUM AMOUNT.—Not more than $500,000 

18 may be expended under the pilot program at any single 

19 commercial service airport. 

20 ‘‘(e) GUIDELINES.—The Secretary, in consultation 

21 with the Administrator of the Environmental Protection 

22 Agency, shall establish guidelines regarding the types of 

23 retrofit projects eligible under the pilot program by consid24 ering remaining equipment useful life, amounts of emis25 sion reduction in relation to the cost of projects, and other 
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1 factors necessary to carry out this section. The Secretary 

2 may give priority to ground support equipment owned by 

3 the airport and used for airport purposes. 

4 ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—In this sec5 tion, the term ‘eligible equipment’ means ground service 

6 or maintenance equipment that is located at the airport, 

7 is used to support aeronautical and related activities at 

8 the airport, and will remain in operation at the airport 

9 for the life or useful life of the equipment, whichever is 

10 earlier.’’. 

11 (c) ADDITION TO AIRPORT DEVELOPMENT.—Section 

12 47102(3) is further amended by striking subparagraphs 

13 (K) and (L) and inserting the following: 

14 ‘‘(K) work necessary to construct or mod15 ify airport facilities to provide low-emission fuel 

16 systems, gate electrification, and other related 

17 air quality improvements at a commercial serv18 ice airport if the airport is located in an air 

19 quality nonattainment or maintenance area (as 

20 defined in sections 171(2) and 175A of the 

21 Clean Air Act (42 U.S.C. 7501(2), 7505a) and 

22 if such project will result in an airport receiving 

23 appropriate emission credits, as described in 

24 section 47138. 
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1 ‘‘(L) converting vehicles and ground sup2 port equipment owned by a commercial service 

3 airport to low-emission technology or acquiring 

4 for use at a commercial service airport vehicles 

5 and ground support equipment that include 

6 low-emission technology if the airport is located 

7 in an air quality nonattainment area (as de8 fined in section 171(2) of the Clean Air Act (42 

9 U.S.C. 7501(2)) or a maintenance area referred 

10 to in section 175A of such Act (42 U.S.C. 

11 7505a) and if such project will result in an air12 port receiving appropriate emission credits as 

13 described in section 47138.’’. 

14 (d) ALLOWABLE PROJECT COST.—Section 47110(b) 

15 is further amended—

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (4); 

18 (2) by striking the period at the end of para19 graph (5) and inserting ‘‘; and’’; and 

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

21 ‘‘(6) in the case of a project for acquiring for 

22 use at a commercial service airport vehicles and 

23 ground support equipment owned by an airport that 

24 is not described in section 47102(3) and that include 

25 low-emission technology, if the total costs allowed for 
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1 the project are not more than the incremental cost 

2 of equipping such vehicles or equipment with low3 emission technology, as determined by the Sec4 retary.’’. 

5 (e) LOW-EMISSION TECHNOLOGY EQUIPMENT.—Sec6 tion 47102 (as amended by section 501 of this Act) is 

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

9 ‘‘(11) ‘low-emission technology’ means tech10 nology for vehicles and equipment whose emission 

11 performance is the best achievable under emission 

12 standards established by the Environmental Protec13 tion Agency and that relies exclusively on alternative 

14 fuels that are substantially non-petroleum based, as 

15 defined by the Department of Energy, but not ex16 cluding hybrid systems or natural gas powered vehi17 cles.’’. 

18 (f) CONFORMING AMENDMENTS.—The analysis of 

19 subchapter I of chapter 471 is amended by adding at the 

20 end the following:

‘‘47138. Emission credits for air quality projects. 

‘‘47139. Airport ground support equipment emissions retrofit pilot program.’’.
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1 SEC. 522. COMPATIBLE LAND USE PLANNING AND 

2 PROJECTS BY STATE AND LOCAL GOVERN3 MENTS. 

4 (a) IN GENERAL.—Subchapter I of chapter 471 is 

5 further amended by adding at the end the following: 

6 ‘‘§ 47140. Compatible land use planning and projects 

7 by State and local governments 

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

9 may make grants from amounts set aside under section 

10 47117(e)(1)(A) to States and units of local government 

11 for land use compatibility plans or projects resulting from 

12 those plans for the purposes of making the use of land 

13 areas around large hub airports and medium hub airports 

14 compatible with aircraft operations if—

15 ‘‘(1) the airport operator has not submitted a 

16 noise compatibility program to the Secretary under 

17 section 47504 or has not updated such program 

18 within the past 10 years; and 

19 ‘‘(2) the land use plan meets the requirements 

20 of this section and any project resulting from the 

21 plan meets such requirements. 

22 ‘‘(b) ELIGIBILITY.—In order to receive a grant under 

23 this section, a State or unit of local government must—

24 ‘‘(1) have the authority to plan and adopt land 

25 use control measures, including zoning, in the plan-
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1 ning area in and around a large or medium hub air2 port; 

3 ‘‘(2) provide written assurance to the Secretary 

4 that it will work with the affected airport to identify 

5 and adopt such measures; and 

6 ‘‘(3) provide written assurance to the Secretary 

7 that it will achieve, to the maximum extent possible, 

8 compatible land uses consistent with Federal land 

9 use compatibility criteria under section 47502(3) 

10 and that those compatible land uses will be main11 tained. 

12 ‘‘(c) ASSURANCES.—The Secretary shall require a 

13 State or unit of local government to which a grant may 

14 be awarded under this section for a land use plan or a 

15 project resulting from such a plan to provide—

16 ‘‘(1) assurances satisfactory to the Secretary 

17 that the plan—

18 ‘‘(A) is reasonably consistent with the goal 

19 of reducing existing noncompatible land uses 

20 and preventing the introduction of additional 

21 noncompatible land uses; 

22 ‘‘(B) addresses ways to achieve and main23 tain compatible land uses, including zoning, 

24 building codes, and any other projects under 

25 section 47504(a)(2) that are within the author-
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1 ity of the State or unit of local government to 

2 implement; 

3 ‘‘(C) uses noise contours provided by the 

4 airport operator that are consistent with the 

5 airport operation and planning, including any 

6 noise abatement measures adopted by the air7 port operator as part of its own noise mitiga8 tion efforts; 

9 ‘‘(D) does not duplicate, and is not incon10 sistent with, the airport operator’s noise com11 patibility measures for the same area; and 

12 ‘‘(E) has received concurrence by the air13 port operator prior to adoption by the State or 

14 unit of local government; and 

15 ‘‘(2) such other assurances as the Secretary de16 termines to be necessary to carry out this section. 

17 ‘‘(d) GUIDELINES.—The Secretary shall establish 

18 guidelines to administer this section in accordance with 

19 the purposes and conditions described in this section. The 

20 Secretary may require the State or unit of local govern21 ment to which a grant may be awarded under this section 

22 to provide progress reports and other information as the 

23 Secretary determines to be necessary to carry out this sec24 tion. 
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1 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may ap2 prove a grant under this section to a State or unit of local 

3 government for a land use compatibility project only if the 

4 Secretary is satisfied that the project is consistent with 

5 the guidelines established by the Secretary under this sec6 tion, that the State or unit of local government has pro7 vided the assurances required by this section, that the Sec8 retary has received evidence that the State or unit of local 

9 government has implemented (or has made provision to 

10 implement) those elements of the plan that are not eligible 

11 for Federal financial assistance, and that the project is 

12 not inconsistent with Federal standards. 

13 ‘‘(f) SUNSET.—This section shall not be in effect 

14 after September 30, 2007.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis of 

16 subchapter I of chapter 471 is further amended by adding 

17 at the end the following:

‘‘47140. Compatible land use planning and projects by State and local governments.’’.

18 SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TO PRO19 VIDE RENT-FREE SPACE FOR FEDERAL AVIA20 TION ADMINISTRATION. 

21 (a) IN GENERAL.—Subchapter I of chapter 471 is 

22 further amended by adding at the end the following: 
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1 ‘‘§ 47141. Prohibition on rent-free space requirements 

2 for Federal Aviation Administration 

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

4 may not require an airport sponsor to provide to the Fed5 eral Aviation Administration, without compensation, space 

6 in a building owned by the sponsor and costs associated 

7 with such space for building construction, maintenance, 

8 utilities, and other expenses. 

9 ‘‘(b) NEGOTIATED AGREEMENTS.—Subsection (a) 

10 does not prohibit—

11 ‘‘(1) the negotiation of agreements between the 

12 Secretary and an airport sponsor to provide building 

13 construction, maintenance, utilities and expenses, or 

14 space in airport sponsor-owned buildings to the Fed15 eral Aviation Administration without cost or at 

16 below-market rates; or 

17 ‘‘(2) the Secretary of Transportation from re18 quiring airport sponsors to provide land without cost 

19 to the Federal Aviation Administration for air traffic 

20 control facilities.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 subchapter I of chapter 471 is further amended by adding 

23 at the end the following:

‘‘47141. Prohibition on rent-free space requirements for Federal Aviation Administration.’’.
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1 SEC. 524. MIDWAY ISLAND AIRPORT. 

2 (a) FINDINGS.—Congress finds that the continued 

3 operation of the Midway Island Airport in accordance with 

4 the standards of the Federal Aviation Administration ap5 plicable to commercial airports is critical to the safety of 

6 commercial, military, and general aviation in the mid-Pa7 cific Ocean region. 

8 (b) MEMORANDUM OF UNDERSTANDING ON SALE OF

9 AIRCRAFT FUEL.—The Secretary of Transportation shall 

10 enter into a memorandum of understanding with the Sec11 retaries of Defense, Interior, and Homeland Security to 

12 facilitate the sale of aircraft fuel on Midway Island at a 

13 price that will generate sufficient revenue to improve the 

14 ability of the airport to operate on a self-sustaining basis 

15 in accordance with the standards of the Federal Aviation 

16 Administration applicable to commercial airports. The 

17 memorandum shall also address the long-range potential 

18 of promoting tourism as a means to generate revenue to 

19 operate the airport. 

20 (c) TRANSFER OF NAVIGATION AIDS AT MIDWAY IS21 LAND AIRPORT.—The Midway Island Airport may trans22 fer, without consideration, to the Administrator the navi23 gation aids at the airport. The Administrator shall accept 

24 the navigation aids and operate and maintain the naviga25 tion aids under criteria of the Administrator. 
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1 (d) FUNDING TO THE SECRETARY OF INTERIOR FOR

2 MIDWAY ISLAND AIRPORT.—

3 (1) IN GENERAL.—Chapter 481 is amended by 

4 adding at the end the following: 

5 ‘‘§ 48114. Funding to the Secretary of Interior for 

6 Midway Island Airport 

7 ‘‘The following amounts shall be available (and shall 

8 remain available until expended) to the Secretary of Inte9 rior, out of the Airport and Airway Trust Fund estab10 lished under section 9502 of the Internal Revenue Code 

11 of 1986 (26 U.S.C. 9502), for airport capital projects at 

12 the Midway Island Airport: 

13 ‘‘(1) $750,000 for fiscal year 2004. 

14 ‘‘(2) $2,500,000 for fiscal year 2005. 

15 ‘‘(3) $1,000,000 for fiscal year 2006. 

16 ‘‘(4) $1,000,000 for fiscal year 2007.’’. 

17 (2) CONFORMING AMENDMENT.—The analysis 

18 for chapter 481 is amended by adding at the end the 

19 following:

‘‘48114. Funding to the Secretary of Interior for Midway Island Airport.’’.

20 SEC. 525. INTERMODAL PLANNING. 

21 Section 47106(c)(1)(A) is amended—

22 (1) by striking ‘‘and’’ at the end of clause (i); 

23 (2) by adding ‘‘and’’ at the end of clause (ii); 

24 and 

25 (3) by adding at the end the following: 
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1 ‘‘(iii) with respect to an airport develop2 ment project involving the location of an airport 

3 or runway or major runway extension at a me4 dium or large hub airport, the airport sponsor 

5 has made available to and has provided upon 

6 request to the metropolitan planning organiza7 tion in the area in which the airport is located, 

8 if any, a copy of the proposed amendment to 

9 the airport layout plan to depict the project and 

10 a copy of any airport master plan in which the 

11 project is described or depicted;’’. 

12 SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIR13 PORT. 

14 Not later than 6 months after the date of enactment 

15 of this Act, the Secretary of Transportation shall review 

16 the status of the airport on the Marshall Islands and re17 port to Congress on whether it is appropriate and nec18 essary for that airport to receive grants under the airport 

19 improvement program. 

20 SEC. 527. REPORT ON WAIVERS OF PREFERENCE FOR BUY21 ING GOODS PRODUCED IN THE UNITED 

22 STATES. 

23 Not later than 90 days after the date of the enact24 ment of this Act, the Secretary of Transportation shall 

25 submit to Congress a report on the waiver contained in 
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1 section 50101(b) of title 49, United States Code (relating 

2 to buying goods produced in the United States). The re3 port shall, at a minimum, include—

4 (1) a list of all waivers granted pursuant to 

5 that section since the date of enactment of that sec6 tion; and 

7 (2) for each such waiver—

8 (A) the specific authority under such sec9 tion 50101(b) for granting the waiver; and 

10 (B) the rationale for granting the waiver. 

11 TITLE VI—EXTENSION OF AIR12 PORT AND AIRWAY TRUST 

13 FUND EXPENDITURE AU14 THORITY 

15 SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY. 

16 Paragraph (1) of section 9502(d) of the Internal Rev17 enue Code of 1986 (relating to expenditures from Airport 

18 and Airway Trust Fund) is amended—

19 (1) by striking ‘‘October 1, 2003’’ and inserting 

20 ‘‘October 1, 2007’’, and
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1 (2) by inserting ‘‘or the Flight 100—Century of 

2 Aviation Reauthorization Act’’ before the semicolon 

3 at the end of subparagraph (A).

Passed the House of Representatives June 11, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.