H. R. 2115
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To amend title 49, United States Code, to reauthorize programs for the Federal
Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vision 100—
Century of Aviation Reauthorization Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Findings.
TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A—Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility planning and
programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Federal Aviation Administration operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Agreements for operation of airport facilities.
Sec. 106. Insurance.
Subtitle B—Passenger Facility Fees
Sec. 121. Low-emission airport vehicles and ground support equipment.
Sec. 122. Use of fees to pay debt service.
Sec. 123. Streamlining of the passenger facility fee program.
Sec. 124. Financial management of passenger facility fees.
Subtitle C—AIP Modifications
Sec. 141. Airfield pavement.
Sec. 142. Replacement of baggage conveyor systems.
Sec. 143. Authority to use certain funds for airport security programs and activi-
ties.
Sec. 144. Grant assurances.
Sec. 145. Clarification of allowable project costs.
Sec. 146. Apportionments to primary airports.
Sec. 147. Cargo airports.
Sec. 148. Considerations in making discretionary grants.
Sec. 149. Flexible funding for nonprimary airport apportionments.
Sec. 150. Use of apportioned amounts.
Sec. 151. Increase in apportionment for, and flexibility of, noise compatibility plan-
ning programs.
Sec. 152. Pilot program for purchase of airport development rights.
Sec. 153. Military airport program.
Sec. 154. Airport safety data collection.
Sec. 155. Airport privatization pilot program.
Sec. 156. Innovative financing techniques.
Sec. 157. Airport security program.
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Sec. 158. Emission credits for air quality projects.
Sec. 159. Low-emission airport vehicles and infrastructure.
Sec. 160. Compatible land use planning and projects by State and local govern-
ments.
Sec. 161. Temporary increase in Government share of certain AIP project costs.
Sec. 162. Share of airport project costs.
Sec. 163. Federal share for private ownership of airports.
Sec. 164. Disposition of land acquired for noise compatibility purposes.
Sec. 165. Hangar construction grant assurance.
Sec. 166. Terminal development costs.
Subtitle D—Miscellaneous
Sec. 181. Design-build contracting.
Sec. 182. Pilot program for innovative financing of air traffic control equipment.
Sec. 183. Cost sharing of air traffic modernization projects.
Sec. 184. Facilities and equipment reports.
Sec. 185. Civil penalty for permanent closure of an airport without providing suffi-
cient notice.
Sec. 186. Midway Island Airport.
Sec. 187. Intermodal planning.
Sec. 188. Marshall Islands, Micronesia, and Palau.
Sec. 189. Limitation on approval of certain programs.
Sec. 190. Conveyance of airport.
TITLE II—FAA ORGANIZATION
Subtitle A—FAA Reform
Sec. 201. Management advisory committee members.
Sec. 202. Reorganization of the air traffic services subcommittee.
Sec. 203. Clarification of the responsibilities of the Chief Operating Officer.
Sec. 204. Deputy Administrator.
Subtitle B—Miscellaneous
Sec. 221. Controller staffing.
Sec. 222. Whistleblower protection under acquisition management system.
Sec. 223. FAA purchase cards.
Sec. 224. Procurement.
Sec. 225. Definitions.
Sec. 226. Air traffic controller retirement.
Sec. 227. Design organization certificates.
Sec. 228. Judicial review.
Sec. 229. Overflight fees.
TITLE III—ENVIRONMENTAL PROCESS
Subtitle A—Aviation Development Streamlining
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Airport capacity enhancement.
Sec. 304. Aviation project streamlining.
Sec. 305. Elimination of duplicative requirements.
Sec. 306. Construction of certain airport capacity projects.
Sec. 307. Issuance of orders.
Sec. 308. Limitations.
Sec. 309. Relationship to other requirements.
Subtitle B—Miscellaneous
Sec. 321. Report on long-term environmental improvements.
Sec. 322. Noise disclosure.
Sec. 323. Overflights of national parks.
Sec. 324. Noise exposure maps.
Sec. 325. Implementation of Chapter 4 noise standards.
Sec. 326. Reduction of noise and emissions from civilian aircraft.
Sec. 327. Special rule for airport in Illinois.
TITLE IV—AIRLINE SERVICE IMPROVEMENTS
Subtitle A—Small Community Air Service
Sec. 401. Exemption from hold-in requirements.
Sec. 402. Adjustments to account for significantly increased costs.
Sec. 403. Joint proposals.
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Sec. 404. Essential air service authorization.
Sec. 405. Community and regional choice programs.
Sec. 406. Code-sharing pilot program.
Sec. 407. Tracking service.
Sec. 408. EAS local participation program.
Sec. 409. Measurement of highway miles for purposes of determining eligibility of
essential air service subsidies.
Sec. 410. Incentive program.
Sec. 411. National Commission on Small Community Air Service.
Sec. 412. Small community air service.
Subtitle B—Miscellaneous
Sec. 421. Data on incidents and complaints involving passenger and baggage secu-
rity screening.
Sec. 422. Delay reduction actions.
Sec. 423. Collaborative decisionmaking pilot program.
Sec. 424. Competition disclosure requirement for large and medium hub airports.
Sec. 425. Slot exemptions at Ronald Reagan Washington National Airport.
Sec. 426. Definition of commuter aircraft.
Sec. 427. Airfares for members of the Armed Forces.
Sec. 428. Air carriers required to honor tickets for suspended service.
TITLE V—AVIATION SAFETY
Sec. 501. Counterfeit or fraudulently represented parts violations.
Sec. 502. Runway safety standards.
Sec. 503. Civil penalties.
Sec. 504. Improvement of curriculum standards for aviation maintenance techni-
cians.
Sec. 505. Assessment of wake turbulence research and development program.
Sec. 506. FAA inspector training.
Sec. 507. Air transportation oversight system plan.
TITLE VI—AVIATION SECURITY
Sec. 601. Certificate actions in response to a security threat.
Sec. 602. Justification for air defense identification zone.
Sec. 603. Crew training.
Sec. 604. Study of effectiveness of transportation security system.
Sec. 605. Airport security improvement projects.
Sec. 606. Charter security.
Sec. 607. CAPPS2.
Sec. 608. Report on passenger prescreening program.
Sec. 609. Arming cargo pilots against terrorism.
Sec. 610. Removal of cap on TSA staffing level.
Sec. 611. Foreign repair stations.
Sec. 612. Flight training.
Sec. 613. Deployment of screeners at Kenai, Homer, and Valdez, Alaska.
TITLE VII—AVIATION RESEARCH
Sec. 701. Authorization of appropriations.
Sec. 702. Federal Aviation Administration Science and Technology Scholarship Pro-
gram.
Sec. 703. National Aeronautics and Space Administration Science and Technology
Scholarship Program.
Sec. 704. Research program to improve airfield pavements.
Sec. 705. Ensuring appropriate standards for airfield pavements.
Sec. 706. Development of analytical tools and certification methods.
Sec. 707. Research on aviation training.
Sec. 708. FAA Center for Excellence for applied research and training in the use
of advanced materials in transport aircraft.
Sec. 709. Air Transportation System Joint Planning and Development Office.
Sec. 710. Next generation air transportation senior policy committee.
Sec. 711. Rotorcraft research and development initiative.
Sec. 712. Airport Cooperative Research Program.
TITLE VIII—MISCELLANEOUS
Sec. 801. Definitions.
Sec. 802. Report on aviation safety reporting system.
Sec. 803. Anchorage air traffic control.
Sec. 804. Extension of Metropolitan Washington Airports Authority.
Sec. 805. Improvement of aviation information collection.
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Sec. 806. Government-financed air transportation.
Sec. 807. Air carrier citizenship.
Sec. 808. United States presence in global air cargo industry.
Sec. 809. Availability of aircraft accident site information.
Sec. 810. Notice concerning aircraft assembly.
Sec. 811. Type certificates.
Sec. 812. Reciprocal airworthiness certification.
Sec. 813. International role of the FAA.
Sec. 814. Flight attendant certification.
Sec. 815. Air quality in aircraft cabins.
Sec. 816. Recommendations concerning travel agents.
Sec. 817. Reimbursement for losses incurred by general aviation entities.
Sec. 818. International air show.
Sec. 819. Report on certain market developments and government policies.
Sec. 820. International air transportation.
Sec. 821. Reimbursement of air carriers for certain screening and related activities.
Sec. 822. Charter airlines.
Sec. 823. General aviation flights at Ronald Reagan Washington National Airport.
Sec. 824. Review of air carrier compensation.
Sec. 825. Noise control plan for certain airports.
Sec. 826. GAO report on airlines’ actions to improve finances and on executive com-
pensation.
Sec. 827. Private air carriage in Alaska.
Sec. 828. Report on waivers of preference for buying goods produced in the United
States.
Sec. 829. Navigation fees.
TITLE IX—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY
Sec. 901. Extension of expenditure authority.
Sec. 902. Technical correction to flight segment.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
49, United States Code.
SEC. 3. APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years
beginning after September 30, 2003.
SEC. 4. FINDINGS.
Congress finds the following:
(1) The United States has revolutionized the way people
travel, developing new technologies and aircraft to move people
more efficiently and more safely.
(2) Past Federal investment in aeronautics research and
development has benefited the economy and national security
of the United States and the quality of life of its citizens.
(3) The total impact of civil aviation on the United States
economy exceeds $900,000,000,000 annually and accounts for
9 percent of the gross national product and 11,000,000 jobs
in the national workforce. Civil aviation products and services
generate a significant surplus for United States trade accounts,
and amount to significant numbers of the Nation’s highly
skilled, technologically qualified work force.
(4) Aerospace technologies, products, and services underpin
the advanced capabilities of our men and women in uniform
and those charged with homeland security.
(5) Future growth in civil aviation increasingly will be
constrained by concerns related to aviation system safety and
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security, aviation system capabilities, aircraft noise, emissions,
and fuel consumption.
(6) Revitalization and coordination of the United States
efforts to maintain its leadership in aviation and aeronautics
are critical and must begin now.
(7) A recent report by the Commission on the Future of
the United States Aerospace Industry outlined the scope of
the problems confronting the aerospace and aviation industries
in the United States and found that—
(A) aerospace will be at the core of the Nation’s leader-
ship and strength throughout the 21st century;
(B) aerospace will play an integral role in the Nation’s
economy, security, and mobility; and
(C) global leadership in aerospace is a national impera-
tive.
(8) Despite the downturn in the global economy, projections
of the Federal Aviation Administration indicate that upwards
of 1,000,000,000 people will fly annually by 2013. Efforts must
begin now to prepare for future growth in the number of airline
passengers.
(9) The United States must increase its investment in
research and development to revitalize the aviation and aero-
space industries, to create jobs, and to provide educational
assistance and training to prepare workers in those industries
for the future.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENTS
Subtitle A—Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) AUTHORIZATION.—Section 48103 is amended—
(1) by striking ‘‘September 30, 1998’’ and inserting ‘‘Sep-
tember 30, 2003’’; and
(2) by striking paragraphs (1) through (5) and inserting
the following:
‘‘(1) $3,400,000,000 for fiscal year 2004;
‘‘(2) $3,500,000,000 for fiscal year 2005;
‘‘(3) $3,600,000,000 for fiscal year 2006; and
‘‘(4) $3,700,000,000 for fiscal year 2007.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended
by striking ‘‘September 30, 2003’’ and inserting ‘‘September 30,
2007’’.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101 is amended—
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
‘‘(1) $3,138,000,000 for fiscal year 2004;
‘‘(2) $2,993,000,000 for fiscal year 2005;
‘‘(3) $3,053,000,000 for fiscal year 2006; and
‘‘(4) $3,110,000,000 for fiscal year 2007.’’;
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(2) by striking subsections (b), (d), and (e) and redesignating
subsection (c) as subsection (b);
(3) by inserting after subsection (b) (as so redesignated)
the following:
‘‘(c) ENHANCED SAFETY
AND SECURITY
FOR AIRCRAFT OPER-
ATIONS IN THE GULF OF MEXICO.—Of amounts appropriated under
subsection (a), such sums as may be necessary for fiscal years
2004 through 2007 may be used to expand and improve the safety,
efficiency, and security of air traffic control, navigation, low altitude
communications and surveillance, and weather services in the Gulf
of Mexico.
‘‘(d) OPERATIONAL
BENEFITS
OF
WAKE
VORTEX
ADVISORY
SYSTEM.—Of amounts appropriated under subsection (a), such sums
as may be necessary for each of fiscal years 2004 through 2007
may be used for the development and analysis of wake vortex
advisory systems.
‘‘(e) 
GROUND-BASED
PRECISION
NAVIGATIONAL
AIDS.—Of
amounts appropriated under subsection (a), such sums as may
be necessary for each of fiscal years 2004 to 2007 may be used
to establish a program for the installation of a precision approach
aid designed to improve aircraft accessibility at mountainous air-
ports with limited land if the approach aid is able to provide
curved and segmented approach guidance for noise abatement pur-
poses and other such approach aids and is certified or approved
by the Administrator.’’;
(4) in subsection (f)—
(A) by striking ‘‘for fiscal years beginning after Sep-
tember 30, 2000’’; and
(B) by inserting ‘‘may be used’’ after ‘‘necessary’’; and
(5) by adding at the end the following:
‘‘(h) STANDBY
POWER
EFFICIENCY
PROGRAM.—Of amounts
appropriated under subsection (a), such sums as may be necessary
for each of fiscal years 2004 through 2007 may be used by the
Secretary of Transportation, in cooperation with the Secretary of
Energy and, where applicable, the Secretary of Defense, to establish
a program to improve the efficiency, cost effectiveness, and environ-
mental performance of standby power systems at Federal Aviation
Administration sites, including the implementation of fuel cell tech-
nology.
‘‘(i) PILOT PROGRAM TO PROVIDE INCENTIVES FOR DEVELOPMENT
OF NEW TECHNOLOGIES.—Of amounts appropriated under sub-
section (a), $500,000 for fiscal year 2004 may be used for the
conduct of a pilot program to provide operating incentives to users
of the airspace for the deployment of new technologies, including
technologies to facilitate expedited flight routing and sequencing
of takeoffs and landings.’’.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) IN GENERAL.—Section 106(k)(1) is amended to read as fol-
lows:
‘‘(1) SALARIES, OPERATIONS, AND MAINTENANCE.—There is
authorized to be appropriated to the Secretary of Transportation
for 
salaries, 
operations, 
and 
maintenance 
of 
the
Administration—
‘‘(A) $7,591,000,000 for fiscal year 2004;
‘‘(B) $7,732,000,000 for fiscal year 2005;
‘‘(C) $7,889,000,000 for fiscal year 2006; and
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‘‘(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.’’.
(b) 
AUTHORIZED
EXPENDITURES.—Section 
106(k)(2) 
is
amended—
(1) by striking subparagraphs (A) and (B) and subpara-
graphs (F) through (I);
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (A), (B), and (C), respectively;
(3) in subparagraphs (A), (B), and (C) (as so redesignated)
by striking ‘‘fiscal years 2000 through 2003’’ and inserting
‘‘fiscal years 2004 through 2007’’; and
(4) by adding after subparagraph (C) (as so redesignated)
the following:
‘‘(D) Such sums as may be necessary for fiscal years
2004 through 2007 for the Center for Management Develop-
ment of the Federal Aviation Administration to operate
training courses and to support associated student travel
for both residential and field courses.
‘‘(E) Such sums as may be necessary for fiscal years
2004 through 2007 to carry out and expand the Air Traffic
Control Collegiate Training Initiative.
‘‘(F) Such sums as may be necessary for fiscal years
2004 through 2007 for the completion of the Alaska aviation
safety project with respect to the 3 dimensional mapping
of Alaska’s main aviation corridors.
‘‘(G) Such sums as may be necessary for fiscal years
2004 through 2007 to carry out the Aviation Safety
Reporting System.’’.
(c) AIRLINE DATA AND ANALYSIS.—There is authorized to be
appropriated to the Secretary of Transportation, out of the Airport
and Airway Trust Fund established by section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502), $3,971,000 for fiscal year
2004, $4,045,000 for fiscal year 2005, $4,127,000 for fiscal year
2006, and $4,219,000 for fiscal year 2007 to gather aviation data
and conduct analyses of such data in the Bureau of Transportation
Statistics of the Department of Transportation.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) IN GENERAL.—Chapter 481 is further amended by adding
at the end the following:
‘‘§ 48114. Funding for aviation programs
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—
‘‘(A) IN GENERAL.—The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year through fiscal year 2007 pursuant to sections
48101, 48102, 48103, and 106(k) of title 49, United States
Code, shall be equal to the level of receipts plus interest
credited to the Airport and Airway Trust Fund for that
fiscal year. Such amounts may be used only for aviation
investment programs listed in subsection (b).
‘‘(B) GUARANTEE.—No funds may be appropriated or
limited for aviation investment programs listed in sub-
section (b) unless the amount described in subparagraph
(A) has been provided.
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‘‘(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM
THE GENERAL FUND.—In any fiscal year through fiscal year
2007, if the amount described in paragraph (1) is appropriated,
there is further authorized to be appropriated from the general
fund of the Treasury such sums as may be necessary for the
Federal Aviation Administration Operations account.
‘‘(b) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) TOTAL BUDGET RESOURCES.—The term ‘total budget
resources’ means the total amount made available from the
Airport and Airway Trust Fund for the sum of obligation limita-
tions and budget authority made available for a fiscal year
for the following budget accounts that are subject to the obliga-
tion limitation on contract authority provided in this title and
for which appropriations are provided pursuant to authoriza-
tions contained in this title:
‘‘(A) 69–8106–0–7–402 (Grants in Aid for Airports).
‘‘(B) 69–8107–0–7–402 (Facilities and Equipment).
‘‘(C) 69–8108–0–7–402 (Research and Development).
‘‘(D) 69–8104–0–7–402 (Trust Fund Share of Oper-
ations).
‘‘(2) LEVEL OF RECEIPTS PLUS INTEREST.—The term ‘level
of receipts plus interest’ means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal
year as set forth in the President’s budget baseline projection
as defined in section 257 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177) (Treasury
identification code 20–8103–0–7–402) for that fiscal year sub-
mitted pursuant to section 1105 of title 31, United States
Code.
‘‘(c) ENFORCEMENT OF GUARANTEES.—
‘‘(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.—
It shall not be in order in the House of Representatives or
the Senate to consider any bill, joint resolution, amendment,
motion, or conference report that would cause total budget
resources in a fiscal year for aviation investment programs
described in subsection (b) to be less than the amount required
by subsection (a)(1)(A) for such fiscal year.
‘‘(2) CAPITAL PRIORITY.—It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference report that
provides an appropriation (or any amendment thereto) for any
fiscal year through fiscal year 2007 for Research and Develop-
ment or Operations if the sum of the obligation limitation
for Grants-in-Aid for Airports and the appropriation for Facili-
ties and Equipment for such fiscal year is below the sum
of the authorized levels for Grants-in-Aid for Airports and
for Facilities and Equipment for such fiscal year.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 481
is amended by adding at the end the following:
‘‘48114. Funding for aviation programs.’’.
(c) REPEAL.—Section 106 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (49 U.S.C. 48101
note) and the item relating to such section in the table of contenets
in section 1(b) of such Act are repealed.
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SEC. 105. AGREEMENTS FOR OPERATION OF AIRPORT FACILITIES.
Section 47124 is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of
Transportation shall ensure that an agreement under this sub-
chapter with a qualified entity (as determined by the Secretary),
State, or a political subdivision of a State to allow the entity,
State, or subdivision to operate an airport facility relieves the
United States Government from any liability arising out of, or
related to, acts or omissions of employees of the entity, State,
or subdivision in operating the airport facility.’’;
(2) by striking subsection (b)(2) and inserting the following:
‘‘(2) The Secretary may make a contract with a qualified entity
(as determined by the Secretary) or, on a sole source basis, with
a State or a political subdivision of a State to allow the entity,
State, or subdivision to operate an airport traffic control tower
classified as a level I (Visual Flight Rules) tower if the Secretary
decides that the entity, State, or subdivision has the capability
to comply with the requirements of this paragraph. The contract
shall require that the entity, State, or subdivision comply with
applicable safety regulations in operating the facility and with
applicable competition requirements in making a subcontract to
perform work to carry out the contract.’’;
(3) in subsection (b)(3)—
(A) in the paragraph heading by striking ‘‘PILOT’’;
(B) by striking ‘‘pilot’’ each place it appears; and
(C) in subparagraph (E) by striking ‘‘$6,000,000 per
fiscal year’’ and inserting ‘‘$6,500,000 for fiscal 2004,
$7,000,000 for fiscal year 2005, $7,500,000 for fiscal year
2006, and $8,000,000 for fiscal year 2007’’; and
(4) in subsection (b)(4)(C) by striking ‘‘$1,100,000.’’ and
inserting ‘‘$1,500,000.’’.
SEC. 106. INSURANCE.
(a) AIRCRAFT MANUFACTURERS.—
(1) IN GENERAL.—Section 44302 is amended by adding at
the end the following:
‘‘(g) AIRCRAFT MANUFACTURERS.—
‘‘(1) IN GENERAL.—The Secretary may provide to an aircraft
manufacturer insurance for loss or damage resulting from oper-
ation of an aircraft by an air carrier and involving war or
terrorism.
‘‘(2) AMOUNT.—Insurance provided by the Secretary under
this subsection shall be for loss or damage in excess of the
greater of the amount of available primary insurance or
$50,000,000.
‘‘(3) TERMS AND CONDITIONS.—Insurance provided by the
Secretary under this subsection shall be subject to the terms
and conditions set forth in this chapter and such other terms
and conditions as the Secretary may prescribe.’’.
(2) DEFINITION
OF
AIRCRAFT
MANUFACTURER.—Section
44301 is amended—
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesig-
nated) the following:
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‘‘(1) ‘aircraft manufacturer’ means any company or other
business entity, the majority ownership and control of which
is by United States citizens, that manufactures aircraft or
aircraft engines.’’.
(3) COVERAGE.—Section 44303(a) is amended—
(A) in the subsection heading by striking ‘‘IN GENERAL’’
and inserting ‘‘IN GENERAL’’; and
(B) by adding at the end the following:
‘‘(6) loss or damage of an aircraft manufacturer resulting
from operation of an aircraft by an air carrier and involving
war or terrorism.’’.
(b) AIRCRAFT
MANUFACTURER
LIABILITY
FOR
THIRD-PARTY
CLAIMS ARISING OUT OF ACTS OF TERRORISM.—Section 44303(b)
is amended by adding at the end the following: ‘‘The Secretary
may extend the provisions of this subsection to an aircraft manufac-
turer (as defined in section 44301) of the aircraft of the air carrier
involved.’’.
(c) PREMIUMS AND LIMITATIONS ON COVERAGE AND CLAIMS.—
Section 44306(b) is amended by striking ‘‘air’’ and inserting ‘‘insur-
ance’’.
(d) ENDING EFFECTIVE DATE.—Section 44310 is amended by
striking ‘‘December 31, 2004’’ and inserting ‘‘March 30, 2008’’.
(e) TECHNICAL CORRECTION.—Effective November 19, 2001, sec-
tion 124(b) of the Aviation and Transportation Security Act (115
Stat. 631) is amended by striking ‘‘to carry out foreign policy’’
and inserting ‘‘to carry out the foreign policy’’.
Subtitle B—Passenger Facility Fees
SEC. 121. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT
EQUIPMENT.
(a) IN GENERAL.—Section 40117(a)(3) is amended by inserting
at the end the following:
‘‘(G) A project for converting vehicles and ground sup-
port equipment used at a commercial service airport to
low-emission technology (as defined in section 47102) or
to use cleaner burning conventional fuels, retrofitting of
any such vehicles or equipment that are powered by a
diesel or gasoline engine with emission control technologies
certified or verified by the Environmental Protection
Agency to reduce emissions, or acquiring for use at a
commercial service airport vehicles and ground support
equipment that include low-emission technology or use
cleaner burning fuels if the airport is located in an air
quality nonattainment area (as defined in section 171(2)
of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance
area referred to in section 175A of such Act (42 U.S.C.
7505a) and if such project will result in an airport receiving
appropriate emission credits as described in section
47139.’’.
(b) MAXIMUM COST FOR CERTAIN LOW-EMISSION TECHNOLOGY
PROJECTS.—Section 40117(b) is amended by adding at the end
the following:
‘‘(5) MAXIMUM
COST
FOR
CERTAIN
LOW-EMISSION
TECH-
NOLOGY PROJECTS.—The maximum cost that may be financed
by imposition of a passenger facility fee under this section
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for a project described in subsection (a)(3)(G) with respect to
a vehicle or ground support equipment may not exceed the
incremental amount of the project cost that is greater than
the cost of acquiring a vehicle or equipment that is not low-
emission and would be used for the same purpose, or the
cost of low-emission retrofitting, as determined by the Sec-
retary.’’.
(c) GROUND SUPPORT EQUIPMENT DEFINED.—Section 40117(a)
is amended—
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
‘‘(4) GROUND SUPPORT EQUIPMENT.—The term ‘ground sup-
port equipment’ means service and maintenance equipment
used at an airport to support aeronautical operations and
related activities.’’.
(d) GUIDANCE.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall issue
guidance determining eligibility of projects, and how benefits to
air quality must be demonstrated, under the amendments made
by this section.
SEC. 122. USE OF FEES TO PAY DEBT SERVICE.
Sections 40117(b) is further amended by adding at the end
the following:
‘‘(6) DEBT
SERVICE
FOR
CERTAIN
PROJECTS.—In addition
to the uses specified in paragraphs (1) and (4), the Secretary
may authorize a passenger facility fee imposed under paragraph
(1) or (4) to be used for making payments for debt service
on indebtedness incurred to carry out at the airport a project
that is not an eligible airport-related project if the Secretary
determines that such use is necessary due to the financial
need of the airport.’’.
SEC. 123. STREAMLINING OF THE PASSENGER FACILITY FEE PRO-
GRAM.
(a) 
APPLICATION
REQUIREMENTS.—Section 
40117(c) 
is
amended—
(1) by adding at the end of paragraph (2) the following:
‘‘(E) The agency must include in its application or notice
submitted under subparagraph (A) copies of all certifications
of agreement or disagreement received under subparagraph
(D).
‘‘(F) For the purpose of this section, an eligible agency
providing notice and an opportunity for consultation to an
air carrier or foreign air carrier is deemed to have satisfied
the requirements of this paragraph if the eligible agency limits
such notices and consultations to air carriers and foreign air
carriers that have a significant business interest at the airport.
In the subparagraph, the term ‘significant business interest’
means an air carrier or foreign air carrier that had no less
than 1.0 percent of passenger boardings at the airport in the
prior calendar year, had at least 25,000 passenger boardings
at the airport in the prior calendar year, or provides scheduled
service at the airport.’’;
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
H. R. 2115—12
‘‘(3) Before submitting an application, the eligible agency must
provide reasonable notice and an opportunity for public comment.
The Secretary shall prescribe regulations that define reasonable
notice and provide for at least the following under this paragraph:
‘‘(A) A requirement that the eligible agency provide public
notice of intent to collect a passenger facility fee so as to
inform those interested persons and agencies that may be
affected. The public notice may include—
‘‘(i) publication in local newspapers of general circula-
tion;
‘‘(ii) publication in other local media; and
‘‘(iii) posting the notice on the agency’s Internet
website.
‘‘(B) A requirement for submission of public comments no
sooner than 30 days, and no later than 45 days, after the
date of the publication of the notice.
‘‘(C) A requirement that the agency include in its applica-
tion or notice submitted under subparagraph (A) copies of all
comments received under subparagraph (B).’’; and
(4) in the first sentence of paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ‘‘shall’’ and
inserting ‘‘may’’.
(b) PILOT PROGRAM FOR PASSENGER FACILITY FEE AUTHORIZA-
TIONS AT NONHUB AIRPORTS.—Section 40117 is amended by adding
at the end the following:
‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY FEE AUTHORIZA-
TIONS AT NONHUB AIRPORTS.—
‘‘(1) IN
GENERAL.—The Secretary shall establish a pilot
program to test alternative procedures for authorizing eligible
agencies for nonhub airports to impose passenger facility fees.
An eligible agency may impose in accordance with the provi-
sions of this subsection a passenger facility fee under this
section. For purposes of the pilot program, the procedures in
this subsection shall apply instead of the procedures otherwise
provided in this section.
‘‘(2) NOTICE
AND
OPPORTUNITY
FOR
CONSULTATION.—The
eligible agency must provide reasonable notice and an oppor-
tunity for consultation to air carriers and foreign air carriers
in accordance with subsection (c)(2) and must provide reason-
able notice and opportunity for public comment in accordance
with subsection (c)(3).
‘‘(3) NOTICE
OF
INTENTION.—The eligible agency must
submit to the Secretary a notice of intention to impose a pas-
senger facility fee under this subsection. The notice shall
include—
‘‘(A) information that the Secretary may require by
regulation on each project for which authority to impose
a passenger facility fee is sought;
‘‘(B) the amount of revenue from passenger facility
fees that is proposed to be collected for each project; and
‘‘(C) the level of the passenger facility fee that is pro-
posed.
‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND INDICATION OF
OBJECTION.—The Secretary shall acknowledge receipt of the
H. R. 2115—13
notice and indicate any objection to the imposition of a pas-
senger facility fee under this subsection for any project identi-
fied in the notice within 30 days after receipt of the eligible
agency’s notice.
‘‘(5) AUTHORITY
TO
IMPOSE
FEE.—Unless the Secretary
objects within 30 days after receipt of the eligible agency’s
notice, the eligible agency is authorized to impose a passenger
facility fee in accordance with the terms of its notice under
this subsection.
‘‘(6) REGULATIONS.—Not later than 180 days after the date
of enactment of this subsection, the Secretary shall propose
such regulations as may be necessary to carry out this sub-
section.
‘‘(7) SUNSET.—This subsection shall cease to be effective
beginning on the date that is 3 years after the date of issuance
of regulations to carry out this subsection.
‘‘(8) ACKNOWLEDGEMENT NOT AN ORDER.—An acknowledge-
ment issued under paragraph (4) shall not be considered an
order issued by the Secretary for purposes of section 46110.’’.
(c) CLARIFICATION
OF APPLICABILITY
OF PFC’S
TO MILITARY
CHARTERS.—Section 40117(e)(2) is amended—
(1) by striking the period at the end of subparagraph (C)
and inserting a semicolon;
(2) by striking ‘‘and’’ at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E)
and inserting ‘‘; and’’; and
(4) by adding after subparagraph (E) the following:
‘‘(F) enplaning at an airport if the passenger did not pay
for the air transportation which resulted in such enplanement
due to charter arrangements and payment by the Department
of Defense.’’.
(d) 
TECHNICAL
AMENDMENTS.—Section 
40117(a)(3)(C) 
is
amended—
(1) by striking ‘‘for costs’’ and inserting ‘‘A project for costs’’;
and
(2) by striking the semicolon and inserting a period.
(e) ELIGIBILITY OF AIRPORT GROUND ACCESS TRANSPORTATION
PROJECTS.—Not later than 60 days after the enactment of this
Act, the Administrator of the Federal Aviation Administration shall
publish in the Federal Register the current policy of the Administra-
tion, consistent with current law, with respect to the eligibility
of airport ground access transportation projects for the use of pas-
senger facility fees under section 40117 of title 49, United States
Code.
SEC. 124. FINANCIAL MANAGEMENT OF PASSENGER FACILITY FEES.
Section 40117 is further amended by adding at the end the
following:
‘‘(m) FINANCIAL MANAGEMENT OF FEES.—
‘‘(1) HANDLING OF FEES.—A covered air carrier shall seg-
regate in a separate account passenger facility revenue equal
to the average monthly liability for fees collected under this
section by such carrier or any of its agents for the benefit
of the eligible agencies entitled to such revenue.
‘‘(2) TRUST FUND STATUS.—If a covered air carrier or its
agent fails to segregate passenger facility revenue in violation
of the subsection, the trust fund status of such revenue shall
H. R. 2115—14
not be defeated by an inability of any party to identify and
trace the precise funds in the accounts of the air carrier.
‘‘(3) PROHIBITION.—A covered air carrier and its agents
may not grant to any third party any security or other interest
in passenger facility revenue.
‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.—A covered air
carrier that fails to comply with any requirement of this sub-
section, or otherwise unnecessarily causes an eligible entity
to expend funds, through litigation or otherwise, to recover
or retain payment of passenger facility revenue to which the
eligible entity is otherwise entitled shall be required to com-
pensate the eligible agency for the costs so incurred.
‘‘(5) INTEREST ON AMOUNTS.—A covered air carrier that
collects passenger facility fees is entitled to receive the interest
on passenger facility fee accounts if the accounts are established
and maintained in compliance with this subsection.
‘‘(6) EXISTING
REGULATIONS.—The provisions of section
158.49 of title 14, Code of Federal Regulations, that permit
the commingling of passenger facility fees with other air carrier
revenue shall not apply to a covered air carrier.
‘‘(7) COVERED AIR CARRIER DEFINED.—In this section, the
term ‘covered air carrier’ means an air carrier that files for
chapter 7 or chapter 11 of title 11 bankruptcy protection, or
has an involuntary chapter 7 of title 11 bankruptcy proceeding
commenced against it, after the date of enactment of this sub-
section.’’.
Subtitle C—AIP Modifications
SEC. 141. AIRFIELD PAVEMENT.
Section 47102(3)(H) is amended by inserting ‘‘nonhub airports
and’’ before ‘‘airports that are not primary airports’’.
SEC. 142. REPLACEMENT OF BAGGAGE CONVEYOR SYSTEMS.
Section 47102(3)(B)(x) is amended by striking the period at
the end and inserting the following: ‘‘; except that such activities
shall be eligible for funding under this subchapter only using
amounts apportioned under section 47114.’’.
SEC. 143. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY
PROGRAMS AND ACTIVITIES.
Section 308 of the Federal Aviation Reauthorization Act of
1996 (49 U.S.C. 44901 note; 110 Stat. 3253), and the item relating
to such section in the table of contents contained in section 1(b)
of that Act, are repealed.
SEC. 144. GRANT ASSURANCES.
(a) 
STATUTE
OF
LIMITATIONS..—Section 
47107(l)(5)(A) 
is
amended by inserting ‘‘or any other governmental entity’’ after
‘‘sponsor’’.
(b) AUDIT CERTIFICATION.—Section 47107(m) is amended—
(1) in paragraph (1) by striking ‘‘promulgate regulations
that’’ and inserting ‘‘include a provision in the compliance
supplement provisions to’’;
(2) in paragraph (1) by striking ‘‘and opinion of the review’’;
and
(3) by striking paragraph (3).
H. R. 2115—15
SEC. 145. CLARIFICATION OF ALLOWABLE PROJECT COSTS.
Section 47110(b)(1) is amended by inserting before the semi-
colon at the end ‘‘and any cost of moving a Federal facility impeding
the project if the rebuilt facility is of an equivalent size and type’’.
SEC. 146. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) IN GENERAL.—Section 47114(c)(1) is amended by adding
at the end the following:
‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2004 AND 2005.—
Notwithstanding subparagraph (A) and the absence of
scheduled passenger aircraft service at an airport, the Sec-
retary may apportion in fiscal years 2004 and 2005 to
the sponsor of the airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2002 or 2003,
whichever amount is greater, if the Secretary finds that—
‘‘(i) the passenger boardings at the airport were
below 10,000 in calendar year 2002 or 2003;
‘‘(ii) the airport had at least 10,000 passenger
boardings and scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
‘‘(iii) the reason that passenger boardings described
in clause (i) were below 10,000 was the decrease in
passengers following the terrorist attacks of September
11, 2001.’’.
(b) SPECIAL
RULE
FOR
TRANSITIONING
AIRPORTS.—Section
47114(f)(3) is amended—
(1) in the paragraph heading by striking ‘‘AIRORTS’’ and
inserting ‘‘AIRPORTS’’; and
(2) in subparagraph (B) by striking ‘‘fiscal years 2000
through 2003’’ and inserting ‘‘fiscal year 2004’’.
SEC. 147. CARGO AIRPORTS.
Section 47114(c)(2) is amended—
(1) in the paragraph heading by striking ‘‘ONLY’’; and
(2) in subparagraph (A) by striking ‘‘3 percent’’ and
inserting ‘‘3.5 percent’’.
SEC. 148. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS.
Section 47115(d) is amended to read as follows:
‘‘(d) CONSIDERATIONS.—
‘‘(1) FOR CAPACITY ENHANCEMENT PROJECTS.—In selecting
a project for a grant to preserve and improve capacity funded
in whole or in part from the fund, the Secretary shall consider—
‘‘(A) the effect that the project will have on overall
national transportation system capacity;
‘‘(B) the benefit and cost of the project, including, in
the case of a project at a reliever airport, the number
of operations projected to be diverted from a primary air-
port to the reliever airport as a result of the project, as
well as the cost savings projected to be realized by users
of the local airport system;
‘‘(C) the financial commitment from non-United States
Government sources to preserve or improve airport
capacity;
‘‘(D) the airport improvement priorities of the States
to the extent such priorities are not in conflict with sub-
paragraphs (A) and (B);
H. R. 2115—16
‘‘(E) the projected growth in the number of passengers
or aircraft that will be using the airport at which the
project will be carried out; and
‘‘(F) the ability of the project to foster United States
competitiveness in securing global air cargo activity at
a United States airport.
‘‘(2) FOR ALL PROJECTS.—In selecting a project for a grant
under this section, the Secretary shall consider among other
factors whether—
‘‘(A) funding has been provided for all other projects
qualifying for funding during the fiscal year under this
chapter that have attained a higher score under the numer-
ical priority system employed by the Secretary in admin-
istering the fund; and
‘‘(B) the sponsor will be able to commence the work
identified in the project application in the fiscal year in
which the grant is made or within 6 months after the
grant is made, whichever is later.’’.
SEC. 149. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPOR-
TIONMENTS.
(a) PROJECT GRANT AGREEMENTS.—Section 47108(a) is amended
by inserting ‘‘or 47114(d)(3)(A)’’ after ‘‘under section 47114(c)’’.
(b) ALLOWABLE PROJECT COSTS.—Section 47110 is amended—
(1) in subsection (b)(2)(C) by striking ‘‘of this title’’ and
inserting ‘‘or section 47114(d)(3)(A)’’;
(2) in subsection (g)—
(A) by inserting ‘‘or section 47114(d)(3)(A)’’ after ‘‘of
section 47114(c)’’; and
(B) by striking ‘‘of project’’ and inserting ‘‘of the
project’’; and
(3) by adding at the end the following:
‘‘(h) NONPRIMARY AIRPORTS.—The Secretary may decide that
the costs of revenue producing aeronautical support facilities,
including fuel farms and hangars, are allowable for an airport
development project at a nonprimary airport if the Government’s
share of such costs is paid only with funds apportioned to the
airport sponsor under section 47114(d)(3)(A) and if the Secretary
determines that the sponsor has made adequate provision for
financing airside needs of the airport.’’.
(c) WAIVER.—Section 47117(c)(2) is amended to read as follows:
‘‘(2) WAIVER.—A sponsor of an airport may make an agree-
ment with the Secretary of Transportation waiving the spon-
sor’s claim to any part of the amount apportioned for the
airport under sections 47114(c) and 47114(d)(3)(A) if the Sec-
retary agrees to make the waived amount available for a grant
for another public-use airport in the same State or geographical
area as the airport, as determined by the Secretary.’’.
(d) TERMINAL
DEVELOPMENT
COSTS.—Section 47119(b) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4)
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year under
H. R. 2115—17
section 47114(d)(3)(A) for project costs allowable under section
47110(d).’’.
SEC. 150. USE OF APPORTIONED AMOUNTS.
The first sentence of section 47117(b) is amended by striking
‘‘primary airport’’ and all that follows through ‘‘calendar year’’ and
inserting ‘‘nonhub airport or any airport that is not a commercial
service airport’’.
SEC. 151. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF,
NOISE COMPATIBILITY PLANNING PROGRAMS.
Section 47117(e)(1)(A) is amended—
(1) by striking ‘‘At least 34 percent’’ and inserting ‘‘At
least 35 percent’’;
(2) by striking ‘‘of this title and’’ and inserting a comma;
(3) by striking ‘‘of this title.’’ and inserting ‘‘, for noise
mitigation projects approved in an environmental record of
decision for an airport development project under this title,
for compatible land use planning and projects carried out by
State and local governments under section 47141, and for air-
port development described in section 47102(3)(F), 47102(3)(K),
or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C.
7401 et seq.).’’; and
(4) by striking ‘‘34 percent requirement’’ and inserting ‘‘35
percent requirement’’.
SEC. 152. PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOP-
MENT RIGHTS.
(a) IN GENERAL.—Subchapter I of chapter 471 is amended
by adding at the end the following:
‘‘§ 47138. Pilot program for purchase of airport development
rights
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish a pilot program to support the purchase, by a State or political
subdivision of a State, of development rights associated with, or
directly affecting the use of, privately owned public use airports
located in that State. Under the program, the Secretary may make
a grant to a State or political subdivision of a State from funds
apportioned under section 47114 for the purchase of such rights.
‘‘(b) GRANT REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary may not make a grant
under subsection (a) unless the grant is made—
‘‘(A) to enable the State or political subdivision to pur-
chase development rights in order to ensure that the airport
property will continue to be available for use as a public
airport; and
‘‘(B) subject to a requirement that the State or political
subdivision acquire an easement or other appropriate cov-
enant requiring that the airport shall remain a public
use airport in perpetuity.
‘‘(2) MATCHING
REQUIREMENT.—The amount of a grant
under the program may not exceed 90 percent of the costs
of acquiring the development rights.
‘‘(c) GRANT STANDARDS.—The Secretary shall prescribe stand-
ards for grants under subsection (a), including—
‘‘(1) grant application and approval procedures; and
H. R. 2115—18
‘‘(2) requirements for the content of the instrument
recording the purchase of the development rights.
‘‘(d) RELEASE
OF PURCHASED RIGHTS
AND COVENANT.—Any
development rights purchased under the program shall remain
the property of the State or political subdivision unless the Sec-
retary approves the transfer or disposal of the development rights
after making a determination that the transfer or disposal of that
right is in the public interest.
‘‘(e) LIMITATION.—The Secretary may not make a grant under
the pilot program for the purchase of development rights at more
than 10 airports.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 471
is amended by inserting after the item relating to section 47137
the following:
‘‘47138. Pilot program for purchase of airport development rights.’’.
SEC. 153. MILITARY AIRPORT PROGRAM.
Section 47118 is amended—
(1) in subsection (e) by striking ‘‘Not more than $7,000,000
for each airport from amounts the Secretary distributes under
section 47115 of this title for a fiscal year is available’’ and
inserting ‘‘From amounts the Secretary distributes to an airport
under section 47115, $10,000,000 for each of fiscal years 2004
and 2005, and $7,000,000 for each fiscal year thereafter, is
available’’;
(2) in subsection (f) by striking ‘‘Not more than a total
of $7,000,000 for each airport from amounts the Secretary
distributes under section 47115 of this title for fiscal years
beginning after September 30, 1992, is available’’ and inserting
the following:
‘‘(1) CONSTRUCTION.—From amounts the Secretary distrib-
utes to an airport under section 47115, $10,000,000 for each
of fiscal years 2004 and 2005, and $7,000,000 for each fiscal
year thereafter, is available’’; and
(3) by adding at the end of subsection (f) the following:
‘‘(2) REIMBURSEMENT.—Upon approval of the Secretary, the
sponsor of a current or former military airport the Secretary
designates under this section may use an amount apportioned
under section 47114, or made available under section 47115
or 47117(e)(1)(B), to the airport for reimbursement of costs
incurred by the airport in fiscal years 2003 and 2004 for
construction, improvement, or repair described in paragraph
(1).’’.
SEC. 154. AIRPORT SAFETY DATA COLLECTION.
Section 47130 is amended to read as follows:
‘‘§ 47130. Airport safety data collection
‘‘Notwithstanding any other provision of law, the Administrator
of the Federal Aviation Administration may award a contract, using
sole source or limited source authority, or enter into a cooperative
agreement with, or provide a grant from amounts made available
under section 48103 to, a private company or entity for the collection
of airport safety data. In the event that a grant is provided under
this section, the United States Government’s share of the cost
of the data collection shall be 100 percent.’’.
H. R. 2115—19
SEC. 155. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) IN GENERAL.—Section 47134(b)(1) is amended—
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
‘‘(i) in the case of a primary airport, by at least
65 percent of the scheduled air carriers serving the
airport and by scheduled and nonscheduled air carriers
whose aircraft landing at the airport during the pre-
ceding calendar year, had a total landed weight during
the preceding calendar year of at least 65 percent
of the total landed weight of all aircraft landing at
the airport during such year; or
‘‘(ii) in the case of a nonprimary airport, by the
Secretary after the airport has consulted with at least
65 percent of the owners of aircraft based at that
airport, as determined by the Secretary.’’;
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following:
‘‘(B) OBJECTION TO EXEMPTION.—An air carrier shall
be deemed to have approved a sponsor’s application for
an exemption under subparagraph (A) unless the air carrier
has submitted an objection, in writing, to the sponsor
within 60 days of the filing of the sponsor’s application
with the Secretary, or within 60 days of the service of
the application upon that air carrier, whichever is later.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall not affect any application submitted before the date of
enactment of this Act.
SEC. 156. INNOVATIVE FINANCING TECHNIQUES.
The first sentence of section 47135(a) is amended by inserting
after ‘‘approve’’ the following: ‘‘, after the date of enactment of
the Vision 100—Century of Aviation Reauthorization Act,’’.
SEC. 157. AIRPORT SECURITY PROGRAM.
Section 47137 is amended—
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
‘‘(e) ADMINISTRATION.—The Secretary, in cooperation with the
Secretary of Homeland Security, shall administer the program
authorized by this section.’’.
SEC. 158. EMISSION CREDITS FOR AIR QUALITY PROJECTS.
(a) EMISSIONS CREDIT.—Subchapter I of chapter 471 is further
amended by adding at the end the following:
‘‘§ 47139. Emission credits for air quality projects
‘‘(a) IN GENERAL.—The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of Transpor-
tation, shall issue guidance on how to ensure that airport sponsors
receive appropriate emission reduction credits for carrying out
projects 
described 
in 
sections 
40117(a)(3)(G), 
47102(3)(F),
47102(3)(K), and 47102(3)(L). Such guidance shall include, at a
minimum, the following conditions:
‘‘(1) The provision of credits is consistent with the Clean
Air Act (42 U.S.C. 7402 et seq.).
H. R. 2115—20
‘‘(2) Credits generated by the emissions reductions are kept
by the airport sponsor and may only be used for purposes
of any current or future general conformity determination under
the Clean Air Act or as offsets under the Environmental Protec-
tion Agency’s new source review program for projects on the
airport or associated with the airport.
‘‘(3) Credits are calculated and provided to airports on
a consistent basis nationwide.
‘‘(4) Credits are provided to airport sponsors in a timely
manner.
‘‘(5) The establishment of a method to assure the Secretary
that, for any specific airport project for which funding is being
requested, the appropriate credits will be granted.
‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.—As a condition for
making a grant for a project described in section 47102(3)(F),
47102(3)(K), 47102(3)(L), or 47140 or as a condition for granting
approval to collect or use a passenger facility fee for a project
described in section 40117(a)(3)(G), 47103(3)(F), 47102(3)(K),
47102(3)(L), or 47140, the Secretary must receive assurance from
the State in which the project is located, or from the Administrator
of the Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive appro-
priate emission credits in accordance with the conditions of this
section.
‘‘(c) PREVIOUSLY APPROVED PROJECTS.—The Administrator of
the Environmental Protection Agency, in consultation with the Sec-
retary, shall determine how to provide appropriate emissions credits
to airport projects previously approved under section 47136 con-
sistent with the guidance and conditions specified in subsection
(a).
‘‘(d) STATE AUTHORITY UNDER CAA.—Nothing in this section
shall be construed as overriding existing State law or regulation
pursuant to section 116 of the Clean Air Act (42 U.S.C. 7416).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 471
is further amended by inserting after the item relating to section
47138 the following:
‘‘47139. Emission credits for air quality projects.’’.
SEC. 159. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) AIRPORT GROUND SUPPORT EQUIPMENT EMISSIONS RETROFIT
PILOT PROGRAM.—
(1) IN GENERAL.—Subchapter I of chapter 471 is further
amended by adding at the end the following:
‘‘§ 47140. Airport ground support equipment emissions ret-
rofit pilot program
‘‘(a) IN GENERAL.—The Secretary of Transportation shall carry
out a pilot program at not more than 10 commercial service airports
under which the sponsors of such airports may use an amount
made available under section 48103 to retrofit existing eligible
airport ground support equipment that burns conventional fuels
to achieve lower emissions utilizing emission control technologies
certified or verified by the Environmental Protection Agency.
‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT OR MAINTE-
NANCE AREAS.—A commercial service airport shall be eligible for
participation in the pilot program only if the airport is located
in an air quality nonattainment area (as defined in section 171(2)
H. R. 2115—21
of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area
referred to in section 175A of such Act (42 U.S.C. 7505a).
‘‘(c) SELECTION CRITERIA.—In selecting from among applicants
for participation in the pilot program, the Secretary shall give
priority consideration to applicants that will achieve the greatest
air quality benefits measured by the amount of emissions reduced
per dollar of funds expended under the pilot program.
‘‘(d) MAXIMUM AMOUNT.—Not more than $500,000 may be
expended under the pilot program at any single commercial service
airport.
‘‘(e) GUIDELINES.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall estab-
lish guidelines regarding the types of retrofit projects eligible under
the pilot program by considering remaining equipment useful life,
amounts of emission reduction in relation to the cost of projects,
and other factors necessary to carry out this section. The Secretary
may give priority to ground support equipment owned by the airport
and used for airport purposes.
‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—In this section, the term
‘eligible equipment’ means ground service or maintenance equip-
ment that is located at the airport, is used to support aeronautical
and related activities at the airport, and will remain in operation
at the airport for the life or useful life of the equipment, whichever
is earlier.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
471 is further amended by inserting after the item relating
to section 47139 the following:
‘‘47140. Airport ground support equipment emissions retrofit pilot program.’’.
(b) ACTIVITIES ADDED TO DEFINITION OF AIRPORT DEVELOP-
MENT.—
(1) IN GENERAL.—Section 47102(3) is amended—
(A) by striking subparagraphs (J), (K), and (L) and
redesignating subparagraph (M) as subparagraph (J); and
(B) by adding at the end the following:
‘‘(K) work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate elec-
trification, and other related air quality improvements at
a commercial service airport if the airport is located in
an air quality nonattainment or maintenance area (as
defined in sections 171(2) and 175A of the Clean Air Act
(42 U.S.C. 7501(2); 7505a) and if such project will result
in an airport receiving appropriate emission credits, as
described in section 47139.
‘‘(L) a project for the acquisition or conversion of
vehicles and ground support equipment, owned by a
commercial service airport, to low-emission technology, if
the airport is located in an air quality nonattainment or
maintenance area (as defined in sections 171(2) and 175A
of the Clean Air Act (42 U.S.C. 7501(2); 7505a) and if
such project will result in an airport receiving appropriate
emission credits as described in section 47139.’’.
(2) GUIDANCE.—
(A) 
ELIGIBLE
LOW-EMISSION
MODIFICATIONS
AND
IMPROVEMENTS.—The Secretary of Transportation, in con-
sultation with the Administrator of the Environmental
Protection Agency, shall issue guidance describing eligible
low-emission modifications and improvements, and stating
H. R. 2115—22
how airport sponsors will demonstrate benefits, under sec-
tion 47102(3)(K) of title 49, United States Code, as added
by this subsection.
(B) ELIGIBLE
LOW-EMISSION
VEHICLE
TECHNOLOGY.—
The Secretary, in consultation with the Administrator, shall
issue guidance describing eligible low-emission vehicle tech-
nology, and stating how airport sponsors will demonstrate
benefits, under section 47102(3)(L) of title 49, United States
Code, as added by this subsection.
(c) ALLOWABLE PROJECT COST.—Section 47110(b) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) if the cost is for a project not described in section
47102(3) for acquiring for use at a commercial service airport
vehicles and ground support equipment owned by an airport
that include low-emission technology, but only to the extent
of the incremental cost of equipping such vehicles or equipment
with low-emission technology, as determined by the Secretary.’’.
(d) LOW-EMISSION TECHNOLOGY EQUIPMENT.—Section 47102 (as
amended by section 801 of this Act) is further amended by inserting
after paragraph (10) the following:
‘‘(11) ‘low-emission technology’ means technology for
vehicles and equipment whose emission performance is the
best achievable under emission standards established by the
Environmental Protection Agency and that relies exclusively
on alternative fuels that are substantially nonpetroleum based,
as defined by the Department of Energy, but not excluding
hybrid systems or natural gas powered vehicles.’’.
SEC. 160. COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE
AND LOCAL GOVERNMENTS.
(a) IN GENERAL.—Subchapter I of chapter 471 is further
amended by adding at the end the following:
‘‘§ 47141. Compatible land use planning and projects by State
and local governments
‘‘(a) IN GENERAL.—The Secretary of Transportation may make
grants, from amounts set aside under section 47117(e)(1)(A), to
States and units of local government for development and
implementation of land use compatibility plans and implementation
of land use compatibility projects resulting from those plans for
the purposes of making the use of land areas around large hub
airports and medium hub airports compatible with aircraft oper-
ations. The Secretary may make a grant under this section for
a land use compatibility plan or a project resulting from such
plan only if—
‘‘(1) the airport operator has not submitted a noise compat-
ibility program to the Secretary under section 47504 or has
not updated such program within the preceding 10 years; and
‘‘(2) the land use plan or project meets the requirements
of this section.
‘‘(b) ELIGIBILITY.—In order to receive a grant under this section,
a State or unit of local government must—
H. R. 2115—23
‘‘(1) have the authority to plan and adopt land use control
measures, including zoning, in the planning area in and around
a large or medium hub airport;
‘‘(2) enter into an agreement with the airport owner or
operator that the development of the land use compatibility
plan will be done cooperatively; and
‘‘(3) provide written assurance to the Secretary that it
will achieve, to the maximum extent possible, compatible land
uses consistent with Federal land use compatibility criteria
under section 47502(3) and that those compatible land uses
will be maintained.
‘‘(c) ASSURANCES.—The Secretary shall require a State or unit
of local government to which a grant may be made under this
section for a land use plan or a project resulting from such plan
to provide—
‘‘(1) assurances satisfactory to the Secretary that the plan—
‘‘(A) is reasonably consistent with the goal of reducing
existing noncompatible land uses and preventing the
introduction of additional noncompatible land uses;
‘‘(B) addresses ways to achieve and maintain compat-
ible land uses, including zoning, building codes, and any
other land use compatibility measures under section
47504(a)(2) that are within the authority of the State or
unit of local government to implement;
‘‘(C) uses noise contours provided by the airport oper-
ator that are consistent with the airport operation and
planning, including any noise abatement measures adopted
by the airport operator as part of its own noise mitigation
efforts;
‘‘(D) does not duplicate, and is not inconsistent with,
the airport operator’s noise compatibility measures for the
same area; and
‘‘(E) has been approved jointly by the airport owner
or operator and the State or unit of local government;
and
‘‘(2) such other assurances as the Secretary determines
to be necessary to carry out this section.
‘‘(d) GUIDELINES.—The Secretary shall establish guidelines to
administer this section in accordance with the purposes and condi-
tions described in this section. The Secretary may require a State
or unit of local government to which a grant may be made under
this section to provide progress reports and other information as
the Secretary determines to be necessary to carry out this section.
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may approve a grant
under this section to a State or unit of local government for a
project resulting from a land use compatibility plan only if the
Secretary is satisfied that the project is consistent with the guide-
lines established by the Secretary under this section, the State
or unit of local government has provided the assurances required
by this section, the State or unit of local government has imple-
mented (or has made provision to implement) those elements of
the plan that are not eligible for Federal financial assistance, and
that the project is not inconsistent with applicable Federal Aviation
Administration standards.
‘‘(f) SUNSET.—This section shall not be in effect after September
30, 2007.’’.
H. R. 2115—24
(b) CONFORMING AMENDMENT.—The analysis of subchapter I
of chapter 471 is further amended by adding at the end the fol-
lowing:
‘‘47141. Compatible land use planning and projects by State and local govern-
ments.’’.
SEC. 161. TEMPORARY INCREASE IN GOVERNMENT SHARE OF CERTAIN
AIP PROJECT COSTS.
Notwithstanding section 47109(a) of title 49, United States
Code, the Government’s share of allowable project costs for a grant
made in each of fiscal years 2004 through 2007 under chapter
471 of that title for a project described in paragraph (2) or (3)
of that section shall be 95 percent.
SEC. 162. SHARE OF AIRPORT PROJECT COSTS.
(a) IN GENERAL.—Section 47109 is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) GRANDFATHER RULE.—
‘‘(1) IN GENERAL.—In the case of any project approved after
September 30, 2003, at a small hub airport or nonhub airport
that is located in a State containing unappropriated and unre-
served public lands and nontaxable Indian lands (individual
and tribal) of more than 5 percent of the total area of all
lands in the State, the Government’s share of allowable costs
of the project shall be increased by the same ratio as the
basic share of allowable costs of a project divided into the
increased (Public Lands States) share of allowable costs of
a project as shown on documents of the Federal Aviation
Administration dated August 3, 1979, at airports for which
the general share was 80 percent on August 3, 1979. This
subsection shall apply only if—
‘‘(A) the State contained unappropriated and unre-
served public lands and nontaxable Indian lands of more
than 5 percent of the total area of all lands in the State
on August 3, 1979; and
‘‘(B) the application under subsection (b), does not
increase the Government’s share of allowable costs of the
project.
‘‘(2) LIMITATION.—The Government’s share of allowable
project costs determined under this subsection shall not exceed
the lesser of 93.75 percent or the highest percentage Govern-
ment share applicable to any project in any State under sub-
section (b).’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of section 47109
is amended by striking ‘‘Except as provided in subsection (b)’’ and
inserting ‘‘Except as provided in subsection (b) or subsection (c)’’.
SEC. 163. FEDERAL SHARE FOR PRIVATE OWNERSHIP OF AIRPORTS.
Section 47109(a)(4) is amended by striking ‘‘40 percent’’ and
inserting ‘‘70 percent’’.
SEC. 164. DISPOSITION OF LAND ACQUIRED FOR NOISE COMPAT-
IBILITY PURPOSES.
Section 47107(c)(2)(A)(iii) is amended by inserting before the
semicolon at the end the following: ‘‘, including the purchase of
nonresidential buildings or property in the vicinity of residential
H. R. 2115—34
(B) by inserting after ‘‘Senate’’ in subparagraph (C)(i)
‘‘, except that initial appointments made after May 1, 2003,
shall be made by the Secretary of Transportation’’;
(C) by striking the semicolon at the end of subpara-
graph (C)(ii) and inserting ‘‘; and’’; and
(D) by striking ‘‘employees, by—’’ in subparagraph (D)
and all that follows through the period at the end of
subparagraph (E) and inserting ‘‘employees, by the Sec-
retary of Transportation.’’.
SEC. 202. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUB-
COMMITTEE.
Section 106(p) is amended—
(1) by striking paragraph (3) and inserting the following:
‘‘(3) QUALIFICATIONS.—No officer or employee of the United
States Government may be appointed to the Council under
paragraph (2)(C) or to the Air Traffic Services Committee.’’;
(2) in paragraph (4)(C) by inserting ‘‘or Air Traffic Services
Committee’’ after ‘‘Council’’ each place it appears;
(3) in paragraph (5) by inserting ‘‘, the Air Traffic Services
Committee,’’ after ‘‘Council’’;
(4) in paragraph (6)(C)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the subparagraph
heading and inserting ‘‘COMMITTEE’’;
(B) by striking ‘‘member’’ and inserting ‘‘members’’;
(C) by striking ‘‘under paragraph (2)(E)’’ the first place
it appears and inserting ‘‘to the Air Traffic Services Com-
mittee’’; and
(D) by striking ‘‘of the members first’’ and all that
follows through the period at the end and inserting ‘‘the
first members of the Committee shall be the members
of the Air Traffic Services Subcommittee of the Council
on the day before the date of enactment of the Vision
100—Century of Aviation Reauthorization Act who shall
serve in an advisory capacity until such time as the Presi-
dent appoints the members of the Committee under para-
graph (7).’’;
(5) in paragraph (6)(D) by striking ‘‘under paragraph (2)(E)’’
and inserting ‘‘to the Committee’’;
(6) in paragraph (6)(E) by inserting ‘‘or Committee’’ after
‘‘Council’’;
(7) in paragraph (6)(F) by inserting ‘‘of the Council or
Committee’’ after ‘‘member’’;
(8) in the second sentence of subparagraph (6)(G)—
(A) by striking ‘‘Council’’ and inserting ‘‘Committee’’;
and
(B) by striking ‘‘appointed under paragraph (2)(E)’’;
(9) in paragraph (6)(H)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the subparagraph
heading and inserting ‘‘COMMITTEE’’;
(B) by striking ‘‘under paragraph (2)(E)’’ in clause (i)
and inserting ‘‘to the Committee’’; and
(C) by striking ‘‘Air Traffic Services Subcommittee’’
and inserting ‘‘Committee’’;
(10) in paragraph (6)(I)(i)—
(A) by striking ‘‘appointed under paragraph (2)(E) is’’
and inserting ‘‘is serving as’’; and
H. R. 2115—40
(1) AIR SERVICE TERMINATION NOTICE.—Section 41719(d)
is amended—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(2) SMALL COMMUNITY AIR SERVICE.—Section 41731(a) is
amended by striking paragraphs (3) through (5).
(3) AIRPORTS NOT RECEIVING SUFFICIENT SERVICE.—Section
41743 is amended—
(A) in subsection (c)(1) by striking ‘‘(as that term is
defined in section 41731(a)(5))’’; and
(B) in subsection (f) by striking ‘‘(as defined in section
41731(a)(3))’’.
(4) PRESERVATION
OF
BASIC
ESSENTIAL
AIR
SERVICE
AT
SINGLE CARRIER DOMINATED HUB AIRPORTS.—Section 41744(b)
is amended by striking ‘‘(as defined in section 41731)’’.
(5) REGIONAL AIR SERVICE INCENTIVE PROGRAM.—Section
41762 is amended—
(A) by striking paragraphs (11) and (15); and
(B) by redesignating paragraphs (12), (13), (14), and
(16) as paragraphs (11), (12), (13), and (14), respectively.
SEC. 226. AIR TRAFFIC CONTROLLER RETIREMENT.
(a) AIR TRAFFIC CONTROLLER DEFINED.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8331 of
title 5, United States Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (27);
(B) by striking the period at the end of paragraph
(28) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(29) the term ‘air traffic controller’ or ‘controller’ means—
‘‘(A) a controller within the meaning of section 2109(1);
and
‘‘(B) a civilian employee of the Department of Transpor-
tation or the Department of Defense who is the immediate
supervisor of a person described in section 2109(1)(B).’’.
(2) FEDERAL
EMPLOYEES’ RETIREMENT
SYSTEM.—Section
8401 of title 5, United States Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (33);
(B) by striking the period at the end of paragraph
(34) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(35) the term ‘air traffic controller’ or ‘controller’ means—
‘‘(A) a controller within the meaning of section 2109(1);
and
‘‘(B) a civilian employee of the Department of Transpor-
tation or the Department of Defense who is the immediate
supervisor of a person described in section 2109(1)(B).’’.
(3) MANDATORY SEPARATION TREATMENT NOT AFFECTED.—
(A) 
CIVIL
SERVICE
RETIREMENT
SYSTEM.—Section
8335(a) of title 5, United States Code, is amended by adding
at the end the following: ‘‘For purposes of this subsection,
the term ‘air traffic controller’ or ‘controller’ has the
meaning given to it under section 8331(29)(A).’’.
(B) FEDERAL
EMPLOYEES’ RETIREMENT
SYSTEM.—Sec-
tion 8425(a) of title 5, United States Code, is amended
by adding at the end the following: ‘‘For purposes of this
H. R. 2115—62
the United States to be kept confidential by such department or
agency) necessary for the Commission to carry out its duties under
this section. Upon request of the chairperson of the Commission,
the head of that department or agency shall furnish such noncon-
fidential information to the Commission.
(j) TERMINATION.—The Commission shall terminate on the 30th
day following the date of transmittal of the report under subsection
(f).
(k) APPLICABILITY
OF
THE
FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary $250,000 to be used to fund
the Commission.
SEC. 412. SMALL COMMUNITY AIR SERVICE.
Section 41743 is amended—
(1) in the heading of subsection (a) by striking ‘‘PILOT’’;
(2) in subsection (a) by striking ‘‘pilot’’;
(3) in subsection (c)—
(A) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) STATE LIMIT.—Not more than 4 communities or con-
sortia of communities, or a combination thereof, from the same
State may be selected to participate in the program in any
fiscal year.’’;
(B) by adding at the end of paragraph (4) the following:
‘‘No community, consortia of communities, nor combination
thereof may participate in the program in support of the
same project more than once, but any community, consortia
of communities, or combination thereof may apply, subse-
quent to such participation, to participate in the program
in support of a different project.’’; and
(C) in paragraph (5)—
(i) by striking ‘‘and’’ at the end of subparagraph
(C);
(ii) by striking the period at the end of subpara-
graph (D) and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(E) the assistance will be used in a timely fashion.’’;
(4) in subsection (e)(2)—
(A) by striking ‘‘and’’ the first place it appears and
inserting a comma; and
(B) by inserting after ‘‘2003’’ the following ‘‘, and
$35,000,000 for each of fiscal years 2004 through 2008’’;
and
(5) in subsection (f) by striking ‘‘pilot’’.
Subtitle B—Miscellaneous
SEC. 421. DATA ON INCIDENTS AND COMPLAINTS INVOLVING PAS-
SENGER AND BAGGAGE SECURITY SCREENING.
Section 329 is amended by adding at the end the following:
‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING PASSENGER AND
BAGGAGE SECURITY SCREENING.—