H. R. 2115—67
of part 93 of title 14, Code of Federal Regulations, the term ‘com-
muters’ means aircraft operations using aircraft having a certifi-
cated maximum seating capacity of 76 or less.’’.
(b) REGULATIONS.—The Administrator of the Federal Aviation
Administration shall revise regulations to take into account the
amendment made by subsection (a).
SEC. 427. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) FINDINGS.—Congress finds that—
(1) the Armed Forces is comprised of approximately
1,400,000 members who are stationed on active duty at more
than 6,000 military bases in 146 different countries;
(2) the United States is indebted to the members of the
Armed Forces, many of whom are in grave danger due to
their engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long periods
of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted
advance airline tickets in order to visit their loved ones at
home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation’s interests around the world at great
personal sacrifice.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
each United States air carrier should—
(1) establish for all members of the Armed Forces on active
duty reduced air fares that are comparable to the lowest airfare
for ticketed flights; and
(2) offer flexible terms that allow members of the Armed
Forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, and penalties.
SEC. 428. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUS-
PENDED SERVICE.
Section 145(c) of the Aviation and Transportation Security Act
(49 U.S.C. 40101 note) is amended by striking ‘‘more than’’ and
all that follows through ‘‘after’’ and inserting ‘‘more than 36 months
after’’.
TITLE V—AVIATION SAFETY
SEC. 501. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS
VIOLATIONS.
Section 44726(a)(1) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph
(C);
(3) by inserting after subparagraph (A) the following:
‘‘(B) whose certificate is revoked under subsection (b);
or’’; and
(4) in subparagraph (C) (as redesignated by paragraph
(2) of this section) by striking ‘‘convicted of such a violation.’’
and inserting ‘‘described in subparagraph (A) or (B).’’.
H. R. 2115—68
SEC. 502. RUNWAY SAFETY STANDARDS.
(a) IN GENERAL.—Chapter 447 is amended by adding at the
end the following:
‘‘§ 44727. Runway safety areas
‘‘(a) AIRPORTS IN ALASKA.—An airport owner or operator in
the State of Alaska shall not be required to reduce the length
of a runway or declare the length of a runway to be less than
the actual pavement length in order to meet standards of the
Federal Aviation Administration applicable to runway safety areas.
‘‘(b) STUDY.—
‘‘(1) IN
GENERAL.—The Secretary shall conduct a study
of runways at airports in States other than Alaska to determine
which airports are affected by standards of the Federal Aviation
Administration applicable to runway safety areas and to assess
how operations at those airports would be affected if the owner
or operator of the airport is required to reduce the length
of a runway or declare the length of a runway to be less
than the actual pavement length in order to meet such stand-
ards.
‘‘(2) REPORT.—Not later than 9 months after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report containing the
results of the study.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 447
is amended by adding at the end the following:
‘‘44727. Runway safety areas.’’.
SEC. 503. CIVIL PENALTIES.
(a) INCREASE IN MAXIMUM CIVIL PENALTY.—Section 46301(a)
is amended—
(1) by striking ‘‘$1,000’’ in paragraph (1) and inserting
‘‘$25,000 (or $1,100 if the person is an individual or small
business concern)’’;
(2) by striking ‘‘or’’ the last place it appears in paragraph
(1)(A);
(3) by striking ‘‘section)’’ in paragraph (1)(A) and inserting
‘‘section), or section 47133’’;
(4) by striking paragraphs (2), (3), (6), and (7) and redesig-
nating paragraphs (4), (5), and (8) as paragraphs (2), (3), and
(4), respectively;
(5) by striking ‘‘41715’’ each place it appears in paragraph
(2), as redesignated, and inserting ‘‘41719’’;
(6) by striking ‘‘paragraphs (1) and (2)’’ in paragraph (4),
as redesignated, and inserting ‘‘paragraph (1)’’; and
(7) by adding at the end the following:
‘‘(5) PENALTIES
APPLICABLE
TO
INDIVIDUALS
AND
SMALL
BUSINESS CONCERNS.—
‘‘(A) An individual (except an airman serving as an
airman) or small business concern is liable to the Govern-
ment for a civil penalty of not more than $10,000 for
violating—
‘‘(i) chapter 401 (except sections 40103(a) and (d),
40105, 40106(b), 40116, and 40117), section 44502 (b)
or (c), chapter 447 (except sections 44717–44723), or
H. R. 2115—69
chapter 449 (except sections 44902, 44903(d), 44904,
and 44907–44909) of this title; or
‘‘(ii) a regulation prescribed or order issued under
any provision to which clause (i) applies.
‘‘(B) A civil penalty of not more than $10,000 may
be imposed for each violation under paragraph (1) com-
mitted by an individual or small business concern related
to—
‘‘(i) the transportation of hazardous material;
‘‘(ii) the registration or recordation under chapter
441 of an aircraft not used to provide air transpor-
tation;
‘‘(iii) a violation of section 44718(d), relating to
the limitation on construction or establishment of land-
fills;
‘‘(iv) a violation of section 44725, relating to the
safe disposal of life-limited aircraft parts; or
‘‘(v) a violation of section 40127 or section 41705,
relating to discrimination.
‘‘(C) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41719 committed by an
individual or small business concern shall be $5,000 instead
of $1,000.
‘‘(D) Notwithstanding paragraph (1), the maximum
civil penalty for a violation of section 41712 (including
a regulation prescribed or order issued under such section)
or any other regulation prescribed by the Secretary by
an individual or small business concern that is intended
to afford consumer protection to commercial air transpor-
tation passengers shall be $2,500 for each violation.’’.
(b) INCREASE
IN LIMIT
ON ADMINISTRATIVE AUTHORITY
AND
CIVIL PENALTY.—Section 46301(d) is amended—
(1) by striking ‘‘more than $50,000;’’ in paragraph (4)(A)
and inserting ‘‘more than—
‘‘(i) $50,000 if the violation was committed by any
person before the date of enactment of the Vision 100—
Century of Aviation Reauthorization Act;
‘‘(ii) $400,000 if the violation was committed by
a person other than an individual or small business
concern on or after that date; or
‘‘(iii) $50,000 if the violation was committed by
an individual or small business concern on or after
that date;’’; and
(2) by striking ‘‘is $50,000.’’ in paragraph (8) and inserting
‘‘is—
‘‘(A) $50,000 if the violation was committed by any
person before the date of enactment of the Vision 100—
Century of Aviation Reauthorization Act;
‘‘(B) $400,000 if the violation was committed by a per-
son other than an individual or small business concern
on or after that date; or
‘‘(C) $50,000 if the violation was committed by an
individual or small business concern on or after that date.’’.
(c) SMALL BUSINESS CONCERN DEFINED.—Section 46301 is
amended by adding at the end the following:
H. R. 2115—70
‘‘(i) SMALL BUSINESS CONCERN DEFINED.—In this section, the
term ‘small business concern’ has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).’’.
(d) CONFORMING AMENDMENTS.—Title 49 is amended—
(1) in section 41705(b) by striking ‘‘46301(a)(3)(E)’’ and
inserting ‘‘46301’’; and
(2) in section 46304(a) by striking ‘‘, (2), or (3)’’.
SEC. 504. IMPROVEMENT OF CURRICULUM STANDARDS FOR AVIATION
MAINTENANCE TECHNICIANS.
(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall ensure that the training standards for air-
frame and powerplant mechanics under part 65 of title 14, Code
of Federal Regulations, are updated and revised in accordance
with this section. The Administrator may update and revise the
training standards through the initiation of a formal rulemaking
or by issuing an advisory circular or other agency guidance.
(b) ELEMENTS FOR CONSIDERATION.—The updated and revised
standards required under subsection (a) shall include those cur-
riculum adjustments that are necessary to more accurately reflect
current technology and maintenance practices.
(c) CERTIFICATION.—Any adjustment or modification of current
curriculum standards made pursuant to this section shall be
reflected in the certification examinations of airframe and power-
plant mechanics.
(d) COMPLETION.—The revised and updated training standards
required by subsection (a) shall be completed not later than 12
months after the date of enactment of this Act.
(e) PERIODIC REVIEWS AND UPDATES.—The Administrator shall
review the content of the curriculum standards for training airframe
and powerplant mechanics referred to in subsection (a) every 3
years after completion of the revised and updated training stand-
ards required under subsection (a) as necessary to reflect current
technology and maintenance practices.
SEC. 505. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND
DEVELOPMENT PROGRAM.
(a) ASSESSMENT.—The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the National
Research Council for an assessment of the Federal Aviation
Administration’s proposed wake turbulence research and develop-
ment program. The assessment shall include—
(1) an evaluation of the research and development goals
and objectives of the program;
(2) a listing of any additional research and development
objectives that should be included in the program;
(3) any modifications that will be necessary for the program
to achieve the program’s goals and objectives on schedule and
within the proposed level of resources; and
(4) an evaluation of the roles, if any, that should be played
by other Federal agencies, such as the National Aeronautics
and Space Administration and the National Oceanic and
Atmospheric Administration, in wake turbulence research and
development, and how those efforts could be coordinated.
(b) REPORT.—A report containing the results of the assessment
shall be provided to the Committee on Science of the House of
Representatives and to the Committee on Commerce, Science, and
H. R. 2115—71
Transportation of the Senate not later than 1 year after the date
of enactment of this Act.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator of the Federal Aviation
Administration $500,000 for fiscal year 2004 to carry out this sec-
tion.
SEC. 506. FAA INSPECTOR TRAINING.
(a) STUDY.—
(1) IN GENERAL.—The Comptroller General shall conduct
a study of the training of the aviation safety inspectors of
the Federal Aviation Administration (in this section referred
to as ‘‘FAA inspectors’’).
(2) CONTENTS.—The study shall include—
(A) an analysis of the type of training provided to
FAA inspectors;
(B) actions that the Federal Aviation Administration
has undertaken to ensure that FAA inspectors receive up-
to-date training on the latest technologies;
(C) the extent of FAA inspector training provided by
the aviation industry and whether such training is provided
without charge or on a quid pro quo basis; and
(D) the amount of travel that is required of FAA inspec-
tors in receiving training.
(3) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
(b) SENSE OF THE HOUSE.—It is the sense of the House of
Representatives that—
(1) FAA inspectors should be encouraged to take the most
up-to-date initial and recurrent training on the latest aviation
technologies;
(2) FAA inspector training should have a direct relation
to an individual’s job requirements; and
(3) if possible, a FAA inspector should be allowed to take
training at the location most convenient for the inspector.
(c) WORKLOAD OF INSPECTORS.—
(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later
than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
make appropriate arrangements for the National Academy of
Sciences to conduct a study of the assumptions and methods
used by the Federal Aviation Administration to estimate
staffing standards for FAA inspectors to ensure proper oversight
over the aviation industry, including the designee program.
(2) CONTENTS.—The study shall include the following:
(A) A suggested method of modifying FAA inspectors
staffing models for application to current local conditions
or applying some other approach to developing an objective
staffing standard.
(B) The approximate cost and length of time for devel-
oping such models.
(3) REPORT.—Not later than 12 months after the initiation
of the arrangements under subsection (a), the National
H. R. 2115—72
Academy of Sciences shall transmit to Congress a report on
the results of the study.
SEC. 507. AIR TRANSPORTATION OVERSIGHT SYSTEM PLAN.
(a) IN GENERAL.—Within 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administra-
tion shall transmit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a plan containing an
implementation schedule for addressing problems with the air
transportation oversight system that have been identified in reports
by the Comptroller General and the Inspector General of the
Department of Transportation.
(b) PLAN
REQUIREMENTS.—The plan transmitted by the
Administrator under subsection (a) shall set forth the action the
Administration will take under the plan—
(1) to develop specific, clear, and meaningful inspection
guidance for the use by Administration aviation safety inspec-
tors and analysts;
(2) to provide adequate training to Administration aviation
safety inspectors in system safety concepts, risk analysis, and
auditing;
(3) to ensure that aviation safety inspectors with the nec-
essary qualifications and experience are physically located
where they can satisfy the most important needs;
(4) to establish strong national leadership for the air
transportation oversight system and to ensure that the system
is implemented consistently across Administration field offices;
and
(5) to extend the air transportation oversight system beyond
the 10 largest air carriers, so it governs oversight of smaller
air carriers as well.
TITLE VI—AVIATION SECURITY
SEC. 601. CERTIFICATE ACTIONS IN RESPONSE TO A SECURITY
THREAT.
(a) IN GENERAL.—Chapter 461 is amended by adding at the
end the following:
‘‘§ 46111. Certificate actions in response to a security threat
‘‘(a) ORDERS.—The Administrator of Federal Aviation Adminis-
tration shall issue an order amending, modifying, suspending, or
revoking any part of a certificate issued under this title if the
Administrator is notified by the Under Secretary for Border and
Transportation Security of the Department of Homeland Security
that the holder of the certificate poses, or is suspected of posing,
a risk of air piracy or terrorism or a threat to airline or passenger
safety. If requested by the Under Secretary, the order shall be
effective immediately.
‘‘(b) HEARINGS FOR CITIZENS.—An individual who is a citizen
of the United States who is adversely affected by an order of
the Administrator under subsection (a) is entitled to a hearing
on the record.
‘‘(c) HEARINGS.—When conducting a hearing under this section,
the administrative law judge shall not be bound by findings of
H. R. 2115—73
fact or interpretations of laws and regulations of the Administrator
or the Under Secretary.
‘‘(d) APPEALS.—An appeal from a decision of an administrative
law judge as the result of a hearing under subsection (b) shall
be made to the Transportation Security Oversight Board established
by section 115. The Board shall establish a panel to review the
decision. The members of this panel (1) shall not be employees
of the Transportation Security Administration, (2) shall have the
level of security clearance needed to review the determination made
under this section, and (3) shall be given access to all relevant
documents that support that determination. The panel may affirm,
modify, or reverse the decision.
‘‘(e) REVIEW.—A person substantially affected by an action of
a panel under subsection (d), or the Under Secretary when the
Under Secretary decides that the action of the panel under this
section will have a significant adverse impact on carrying out this
part, may obtain review of the order under section 46110. The
Under Secretary and the Administrator shall be made a party
to the review proceedings. Findings of fact of the panel are conclu-
sive if supported by substantial evidence.
‘‘(f) EXPLANATION
OF DECISIONS.—An individual who com-
mences an appeal under this section shall receive a written expla-
nation of the basis for the determination or decision and all relevant
documents that support that determination to the maximum extent
that the national security interests of the United States and other
applicable laws permit.
‘‘(g) CLASSIFIED EVIDENCE.—
‘‘(1) IN GENERAL.—The Under Secretary, in consultation
with the Administrator and the Director of Central Intelligence,
shall issue regulations to establish procedures by which the
Under Secretary, as part of a hearing conducted under this
section, may provide an unclassified summary of classified evi-
dence upon which the order of the Administrator was based
to the individual adversely affected by the order.
‘‘(2) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE
LAW JUDGE.—
‘‘(A) REVIEW.—As part of a hearing conducted under
this section, if the order of the Administrator issued under
subsection (a) is based on classified information (as defined
in section 1(a) of the Classified Information Procedures
Act (18 U.S.C. App.), such information may be submitted
by the Under Secretary to the reviewing administrative
law judge, pursuant to appropriate security procedures,
and shall be reviewed by the administrative law judge
ex parte and in camera.
‘‘(B) SECURITY
CLEARANCES.—Pursuant to existing
procedures and requirements, the Under Secretary shall,
in coordination, as necessary, with the heads of other
affected departments or agencies, ensure that administra-
tive law judges reviewing orders of the Administrator under
this section possess security clearances appropriate for
their work under this section.
‘‘(3) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—
As part of a hearing conducted under this section and upon
the request of the individual adversely affected by an order
of the Administrator under subsection (a), the Under Secretary
shall provide to the individual and reviewing administrative
H. R. 2115—74
law judge, consistent with the procedures established under
paragraph (1), an unclassified summary of any classified
information upon which the order of the Administrator is
based.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 461
is amended by adding at the end the following:
‘‘46111. Certificate actions in response to a security threat.’’.
SEC. 602. JUSTIFICATION FOR AIR DEFENSE IDENTIFICATION ZONE.
(a) IN GENERAL.—If the Administrator of the Federal Aviation
Administration establishes an Air Defense Identification Zone (in
this section referred as an ‘‘ADIZ’’), the Administrator shall transmit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 60 days after the
date of establishing the ADIZ, a report containing an explanation
of the need for the ADIZ. The Administrator also shall transmit
to the Committees updates of the report every 60 days until the
ADIZ is rescinded. The reports and updates shall be transmitted
in classified form.
(b) EXISTING ADIZ.—If an ADIZ is in effect on the date of
enactment of this Act, the Administrator shall transmit an initial
report under subsection (a) not later than 30 days after such date
of enactment.
(c) DESCRIPTION
OF CHANGES TO IMPROVE OPERATIONS.—A
report transmitted by the Administrator under this section shall
include a description of any changes in procedures or requirements
that could improve operational efficiency or minimize operational
impacts of the ADIZ on pilots and controllers. This portion of
the report may be transmitted in classified or unclassified form.
(d) DEFINITION.—In this section, the terms ‘‘Air Defense Identi-
fication Zone’’ and ‘‘ADIZ’’ each mean a zone established by the
Administrator with respect to airspace under 18,000 feet in approxi-
mately a 15- to 38-mile radius around Washington, District of
Columbia, for which security measures are extended beyond the
existing 15-mile no-fly zone around Washington and in which gen-
eral aviation aircraft are required to adhere to certain procedures
issued by the Administrator.
SEC. 603. CREW TRAINING.
Section 44918 is amended to read as follows:
‘‘§ 44918. Crew training
‘‘(a) BASIC SECURITY TRAINING.—
‘‘(1) IN
GENERAL.—Each air carrier providing scheduled
passenger air transportation shall carry out a training program
for flight and cabin crew members to prepare the crew members
for potential threat conditions.
‘‘(2) PROGRAM ELEMENTS.—An air carrier training program
under this subsection shall include, at a minimum, elements
that address each of the following:
‘‘(A) Recognizing suspicious activities and determining
the seriousness of any occurrence.
‘‘(B) Crew communication and coordination.
‘‘(C) The proper commands to give passengers and
attackers.
‘‘(D) Appropriate responses to defend oneself.
H. R. 2115—75
‘‘(E) Use of protective devices assigned to crew mem-
bers (to the extent such devices are required by the
Administrator of the Federal Aviation Administration or
the Under Secretary for Border and Transportation Secu-
rity of the Department of Homeland Security).
‘‘(F) Psychology of terrorists to cope with hijacker
behavior and passenger responses.
‘‘(G) Situational training exercises regarding various
threat conditions.
‘‘(H) Flight deck procedures or aircraft maneuvers to
defend the aircraft and cabin crew responses to such proce-
dures and maneuvers.
‘‘(I) The proper conduct of a cabin search, including
explosive device recognition.
‘‘(J) Any other subject matter considered appropriate
by the Under Secretary.
‘‘(3) APPROVAL.—An air carrier training program under
this subsection shall be subject to approval by the Under Sec-
retary.
‘‘(4) MINIMUM STANDARDS.—Not later than one year after
the date of enactment of the Vision 100—Century of Aviation
Reauthorization Act, the Under Secretary may establish min-
imum standards for the training provided under this subsection
and for recurrent training.
‘‘(5) EXISTING PROGRAMS.—Notwithstanding paragraphs (3)
and (4), any training program of an air carrier to prepare
flight and cabin crew members for potential threat conditions
that was approved by the Administrator or the Under Secretary
before the date of enactment of the Vision 100—Century of
Aviation Reauthorization Act may continue in effect until dis-
approved or ordered modified by the Under Secretary.
‘‘(6) MONITORING.—The Under Secretary, in consultation
with the Administrator, shall monitor air carrier training pro-
grams under this subsection and periodically shall review an
air carrier’s training program to ensure that the program is
adequately preparing crew members for potential threat condi-
tions. In determining when an air carrier’s training program
should be reviewed under this paragraph, the Under Secretary
shall consider complaints from crew members. The Under Sec-
retary shall ensure that employees responsible for monitoring
the training programs have the necessary resources and knowl-
edge.
‘‘(7) UPDATES.—The Under Secretary, in consultation with
the Administrator, shall order air carriers to modify training
programs under this subsection to reflect new or different secu-
rity threats.
‘‘(b) ADVANCED SELF-DEFENSE TRAINING.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of enactment of the Vision 100—Century of Aviation Reauthor-
ization Act, the Under Secretary shall develop and provide
a voluntary training program for flight and cabin crew members
of air carriers providing scheduled passenger air transportation.
‘‘(2) PROGRAM ELEMENTS.—The training program under this
subsection shall include both classroom and effective hands-
on training in the following elements of self-defense:
‘‘(A) Deterring a passenger who might present a threat.