H. R. 2115—57
‘‘§ 41746. Tracking service
‘‘The Secretary of Transportation shall require a carrier that
provides essential air service to an eligible place and that receives
compensation for such service under this subchapter to report not
less than semiannually—
‘‘(1) the percentage of flights to and from the place that
arrive on time as defined by the Secretary; and
‘‘(2) such other information as the Secretary considers nec-
essary to evaluate service provided to passengers traveling
to and from such place.’’.
SEC. 408. EAS LOCAL PARTICIPATION PROGRAM.
(a) IN GENERAL.—Subchapter II of chapter 417 is further
amended by adding at the end the following:
‘‘§ 41747. EAS local participation program
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish a pilot program under which not more than 10 designated
essential air service communities located in proximity to hub air-
ports are required to assume 10 percent of their essential air
service subsidy costs for a 4-year period.
‘‘(b) DESIGNATION OF COMMUNITIES.—
‘‘(1) IN GENERAL.—The Secretary may not designate any
community under this section unless it is located within 100
miles by road of a hub airport and is not located in a noncontig-
uous State. In making the designation, the Secretary may take
into consideration the total traveltime between a community
and the nearest hub airport, taking into account terrain, traffic,
weather, road conditions, and other relevant factors.
‘‘(2) ONE COMMUNITY PER STATE.—The Secretary may not
designate—
‘‘(A) more than 1 community per State under this
section; or
‘‘(B) a community in a State in which another commu-
nity that is eligible to participate in the essential air service
program has elected not to participate in the essential
air service program as part of a pilot program under section
41745.
‘‘(c) APPEAL OF DESIGNATION.—A community may appeal its
designation under this section. The Secretary may withdraw the
designation of a community under this section based on—
‘‘(1) the airport sponsor’s ability to pay; or
‘‘(2) the relative lack of financial resources in a community,
based on a comparison of the median income of the community
with other communities in the State.
‘‘(d) NON-FEDERAL SHARE.—
‘‘(1) NON-FEDERAL AMOUNTS.—For purposes of this section,
the non-Federal portion of the essential air service subsidy
may be derived from contributions in kind, or through reduction
in the amount of the essential air service subsidy through
reduction of air carrier costs, increased ridership, prepurchase
of tickets, or other means. The Secretary shall provide assist-
ance to designated communities in identifying potential means
of reducing the amount of the subsidy without adversely
affecting air transportation service to the community.
‘‘(2) APPLICATION WITH OTHER MATCHING REQUIREMENTS.—
This section shall apply to the Federal share of essential air
H. R. 2115—58
service provided this subchapter, after the application of any
other non-Federal share matching requirements imposed by
law.
‘‘(e) ELIGIBILITY
FOR
OTHER
PROGRAMS
NOT
AFFECTED.—
Nothing in this section affects the eligibility of a community or
consortium of communities, an airport sponsor, or any other person
to participate in any program authorized by this subchapter. A
community designated under this section may participate in any
program (including pilot programs) authorized by this subchapter
for which it is otherwise eligible—
‘‘(1) without regard to any limitation on the number of
communities that may participate in that program; and
‘‘(2) without reducing the number of other communities
that may participate in that program.
‘‘(f) SECRETARY TO REPORT TO CONGRESS ON IMPACT.—The Sec-
retary shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
on—
‘‘(1) the economic condition of communities designated
under this section before their designation;
‘‘(2) the impact of designation under this section on such
communities at the end of each of the 3 years following their
designation; and
‘‘(3) the impact of designation on air traffic patterns
affecting air transportation to and from communities designated
under this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter II
of chapter 417 is amended by adding at the end the following:
‘‘41745. Community and regional choice programs.
‘‘41746. Tracking service.
‘‘41747. EAS local participation program.’’.
SEC. 409. MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF
DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE
SUBSIDIES.
(a) REQUEST FOR SECRETARIAL REVIEW.—An eligible place (as
defined in section 41731 of title 49, United States Code) with
respect to which the Secretary has, in the 2-year period ending
on the date of enactment of this Act, eliminated (or tentatively
eliminated) compensation for essential air service to such place,
or terminated (or tentatively terminated) the compensation eligi-
bility of such place for essential air service, under section 332
of the Department of Transportation and Related Agencies Appro-
priations Act, 2000 (49 U.S.C. 41731 note), section 205 of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (49 U.S.C. 41731 note), or any prior law of similar effect
based on the highway mileage of such place from the nearest
hub airport (as defined in section 40102 of such title), may request
the Secretary to review such action.
(b) DETERMINATION OF MILEAGE.—In reviewing an action under
subsection (a), the highway mileage between an eligible place and
the nearest medium hub airport or large hub airport is the highway
mileage of the most commonly used route between the place and
the medium hub airport or large hub airport. In identifying such
route, the Secretary shall identify the most commonly used route
for a community by—
H. R. 2115—59
(1) consulting with the Governor of a State or the Gov-
ernor’s designee; and
(2) considering the certification of the Governor of a State
or the Governor’s designee as to the most commonly used
route.
(c) ELIGIBILITY DETERMINATION.—Not later than 60 days after
receiving a request under subsection (a), the Secretary shall—
(1) determine whether the eligible place would have been
subject to an elimination of compensation eligibility for essential
air service, or termination of the eligibility of such place for
essential air service, under the provisions of law referred to
in subsection (a) based on the determination of the highway
mileage of such place from the nearest medium hub airport
or large hub airport under subsection (b); and
(2) issue a final order with respect to the eligibility of
such place for essential air service compensation under sub-
chapter II of chapter 417 of title 49, United States Code.
(d) LIMITATION ON PERIOD OF FINAL ORDER.—A final order
issued under subsection (c) shall terminate on September 30, 2007.
SEC. 410. INCENTIVE PROGRAM.
(a) PURPOSES.—The purposes of this section are—
(1) to enable essential air service communities to increase
boardings and the level of passenger usage of airport facilities
at an eligible place by providing technical, financial, and other
marketing assistance to such communities and to States;
(2) to reduce subsidy costs under subchapter II of this
chapter as a consequence of such increased usage; and
(3) to provide such communities with opportunities to
obtain, retain, and improve transportation services.
(b) MARKETING PROGRAM.—Subchapter II of chapter 417 is
further amended by adding at the end the following:
‘‘§ 41748. Marketing program
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish a marketing incentive program for eligible places that receive
subsidized service by an air carrier under section 41733. Under
the program, the sponsor of the airport serving such an eligible
place may receive a grant of not more than $50,000 in a fiscal
year to develop and implement a marketing plan to increase pas-
senger boardings and the level of passenger usage of its airport
facilities.
‘‘(b) MATCHING REQUIREMENT; SUCCESS BONUSES—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), not less than 25 percent of the publicly financed costs
associated with a marketing plan to be developed and imple-
mented under this section shall come from non-Federal sources.
For purposes of this section—
‘‘(A) the non-Federal portion of the publicly financed
costs may be derived from contributions in kind; and
‘‘(B) matching contributions from a State or unit of
local government may not be derived, directly or indirectly,
from Federal funds, but the use by the State or unit of
local government of proceeds from the sale of bonds to
provide the matching contribution is not considered to be
a contribution derived directly or indirectly from Federal
funds, without regard to the Federal income tax treatment
H. R. 2115—60
of interest paid on those bonds or the Federal income
tax treatment of those bonds.
‘‘(2) BONUS FOR 25-PERCENT INCREASE IN USAGE.—Except
as provided in paragraph (3), if, after any 12-month period
during which a marketing plan has been in effect under this
section with respect to an eligible place, the Secretary deter-
mines that the marketing plan has increased average monthly
boardings, or the level of passenger usage, at the airport serving
the eligible place, by 25 percent or more, then only 10 percent
of the publicly financed costs associated with the marketing
plan shall be required to come from non-Federal sources under
this subsection for the following 12-month period.
‘‘(3) BONUS FOR 50-PERCENT INCREASE IN USAGE.—If, after
any 12-month period during which a marketing plan has been
in effect under this section with respect to an eligible place,
the Secretary determines that the marketing plan has increased
average monthly boardings, or the level of passenger usage,
at the airport serving the eligible place, by 50 percent or
more, then no portion of the publicly financed costs associated
with the marketing plan shall be required to come from non-
Federal sources under this subsection for the following 12-
month period.’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter II
of chapter 417 is further amended by adding at the end the fol-
lowing:
‘‘41748. Marketing program.’’.
SEC. 411. NATIONAL COMMISSION ON SMALL COMMUNITY AIR
SERVICE.
(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘National Commission on Small Community Air
Service’’ (in this section referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
nine members of whom—
(A) three members shall be appointed by the Secretary;
(B) two members shall be appointed by the majority
leader of the Senate;
(C) one member shall be appointed by the minority
leader of the Senate;
(D) two members shall be appointed by the Speaker
of the House of Representatives; and
(E) one member shall be appointed by the minority
leader of the House of Representatives.
(2) QUALIFICATIONS.—Of the members appointed by the
Secretary under paragraph (1)(A)—
(A) one member shall be a representative of a regional
airline;
(B) one member shall be a representative of a small
hub airport or nonhub airport (as such terms are defined
in section 40102 of title 49, United States Code); and
(C) one member shall be a representative of a State
aviation agency.
(3) TERMS.—Members shall be appointed for the life of
the Commission.
H. R. 2115—61
(4) VACANCIES.—A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.
(5) TRAVEL EXPENSES.—Members shall serve without pay
but shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with subchapter I of chapter 57
of title 5, United States Code.
(c) CHAIRPERSON.—The Secretary shall designate, from among
the individuals appointed under subsection (b)(1), an individual
to serve as chairperson of the Commission.
(d) DUTIES.—
(1) STUDY.—The Commission shall undertake a study of—
(A) the challenges faced by small communities in the
United States with respect to retaining and enhancing
their scheduled commercial air service; and
(B) whether the existing Federal programs charged
with helping small communities are adequate for them
to retain and enhance their existing air service.
(2) ESSENTIAL AIR SERVICE COMMUNITIES.—In conducting
the study, the Commission shall pay particular attention to
the state of scheduled commercial air service in communities
currently served by the essential air service program.
(e) RECOMMENDATIONS.—Based on the results of the study
under subsection (d), the Commission shall make such recommenda-
tions as it considers necessary to—
(1) improve the state of scheduled commercial air service
at small communities in the United States, especially commu-
nities described in subsection (d)(2); and
(2) improve the ability of small communities to retain and
enhance their existing air service.
(f) REPORT.—Not later than 6 months after the date on which
initial appointments of members to the Commission are completed,
the Commission shall transmit to the President and Congress a
report on the activities of the Commission, including recommenda-
tions made by the Commission under subsection (e).
(g) COMMISSION PANELS.—The chairperson of the Commission
shall establish such panels consisting of members of the Commission
as the chairperson determines appropriate to carry out the functions
of the Commission.
(h) COMMISSION PERSONNEL MATTERS.—
(1) STAFF.—The Commission may appoint and fix the pay
of such personnel as it considers appropriate.
(2) STAFF
OF
FEDERAL
AGENCIES.—Upon request of the
chairperson of the Commission, the head of any department
or agency of the United States may detail, on a reimbursable
basis, any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties under
this section.
(3) OTHER STAFF AND SUPPORT.—Upon the request of the
Commission, or a panel of the Commission, the Secretary shall
provide the Commission or panel with professional and adminis-
trative staff and other support, on a reimbursable basis, to
assist the Commission or panel in carrying out its responsibil-
ities.
(i) OBTAINING OFFICIAL DATA.—The Commission may secure
directly from any department or agency of the United States
information (other than information required by any statute of
H. R. 2115—63
‘‘(1) PUBLICATION OF DATA.—The Secretary of Transpor-
tation shall publish data on incidents and complaints involving
passenger and baggage security screening in a manner com-
parable to other consumer complaint and incident data.
‘‘(2) MONTHLY
REPORTS
FROM
SECRETARY
OF
HOMELAND
SECURITY.—To assist in the publication of data under paragraph
(1), the Secretary of Transportation may request the Secretary
of Homeland Security to periodically report on the number
of complaints about security screening received by the Secretary
of Homeland Security.’’.
SEC. 422. DELAY REDUCTION ACTIONS.
(a) IN GENERAL.—Subchapter I of chapter 417 is amended
by adding at the end the following new section:
‘‘§ 41722. Delay reduction actions
‘‘(a) SCHEDULING REDUCTION MEETINGS.—The Secretary of
Transportation may request that air carriers meet with the
Administrator of the Federal Aviation Administration to discuss
flight reductions at severely congested airports to reduce over-
scheduling and flight delays during hours of peak operation if—
‘‘(1) the Administrator determines that it is necessary to
convene such a meeting; and
‘‘(2) the Secretary determines that the meeting is necessary
to meet a serious transportation need or achieve an important
public benefit.
‘‘(b) MEETING CONDITIONS.—Any meeting under subsection (a)—
‘‘(1) shall be chaired by the Administrator;
‘‘(2) shall be open to all scheduled air carriers; and
‘‘(3) shall be limited to discussions involving the airports
and time periods described in the Administrator’s determina-
tion.
‘‘(c) FLIGHT REDUCTION TARGETS.—Before any such meeting
is held, the Administrator shall establish flight reduction targets
for the meeting and notify the attending air carriers of those targets
not less than 48 hours before the meeting.
‘‘(d) DELAY REDUCTION OFFERS.—An air carrier attending the
meeting shall make any offer to meet a flight reduction target
to the Administrator rather than to another carrier.
‘‘(e) TRANSCRIPT.—The Administrator shall ensure that a tran-
script of the meeting is kept and made available to the public
not later than 3 business days after the conclusion of the meeting.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 417
is amended by striking the item relating to section 41721 and
inserting the following:
‘‘41721. Reports by carriers on incidents involving animals during air transport.
‘‘41722. Delay reduction actions.’’.
SEC. 423. COLLABORATIVE DECISIONMAKING PILOT PROGRAM.
(a) IN GENERAL.—Chapter 401 is amended by adding at the
end the following:
‘‘§ 40129. Collaborative decisionmaking pilot program
‘‘(a) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this section, the Administrator of the Federal Avia-
tion Administration shall establish a collaborative decisionmaking
pilot program in accordance with this section.
H. R. 2115—64
‘‘(b) DURATION.—Except as provided in subsection (k), the pilot
program shall be in effect for a period of 2 years.
‘‘(c) GUIDELINES.—
‘‘(1) ISSUANCE.—The Administrator, with the concurrence
of the Attorney General, shall issue guidelines concerning the
pilot program. Such guidelines, at a minimum, shall—
‘‘(A) define a capacity reduction event;
‘‘(B) establish the criteria and process for determining
when a capacity reduction event exists that warrants the
use of collaborative decisionmaking among carriers at air-
ports participating in the pilot program; and
‘‘(C) prescribe the methods of communication to be
implemented among carriers during such an event.
‘‘(2) VIEWS.—The Administrator may obtain the views of
interested parties in issuing the guidelines.
‘‘(d) EFFECT OF DETERMINATION OF EXISTENCE OF CAPACITY
REDUCTION EVENT.—Upon a determination by the Administrator
that a capacity reduction event exists, the Administrator may
authorize air carriers and foreign air carriers operating at an airport
participating in the pilot program to communicate for a period
of time not to exceed 24 hours with each other concerning changes
in their respective flight schedules in order to use air traffic capacity
most effectively. The Administration shall facilitate and monitor
such communication. The Attorney General, or the Attorney Gen-
eral’s designee, may monitor such communication.
‘‘(e) SELECTION OF PARTICIPATING AIRPORTS.—Not later than
30 days after the date on which the Administrator establishes
the pilot program, the Administrator shall select 2 airports to
participate in the pilot program from among the most capacity-
constrained airports in the Nation based on the Administration’s
Airport Capacity Benchmark Report 2001 or more recent data on
airport capacity that is available to the Administrator. The Adminis-
trator shall select an airport for participation in the pilot program
if the Administrator determines that collaborative decisionmaking
among air carriers and foreign air carriers would reduce delays
at the airport and have beneficial effects on reducing delays in
the national airspace system as a whole.
‘‘(f) ELIGIBILITY OF AIR CARRIERS.—An air carrier or foreign
air carrier operating at an airport selected to participate in the
pilot program is eligible to participate in the pilot program if
the Administrator determines that the carrier has the operational
and communications capability to participate in the pilot program.
‘‘(g) MODIFICATION OR TERMINATION OF PILOT PROGRAM AT AN
AIRPORT.—The Administrator, with the concurrence of the Attorney
General, may modify or end the pilot program at an airport before
the term of the pilot program has expired, or may ban an air
carrier or foreign air carrier from participating in the program,
if the Administrator determines that the purpose of the pilot pro-
gram is not being furthered by participation of the airport or
air carrier or if the Secretary of Transportation, with the concur-
rence of the Attorney General, finds that the pilot program or
the participation of an air carrier or foreign air carrier in the
pilot program has had, or is having, an adverse effect on competition
among carriers.
‘‘(h) ANTITRUST IMMUNITY.—
‘‘(1) IN GENERAL.—Unless, within 5 days after receiving
notice from the Secretary of the Secretary’s intention to exercise
H. R. 2115—65
authority under this subsection, the Attorney General submits
to the Secretary a written objection to such action, including
reasons for such objection, the Secretary may exempt an air
carrier’s or foreign air carrier’s activities that are necessary
to participate in the pilot program under this section from
the antitrust laws for the sole purpose of participating in the
pilot program. Such exemption shall not extend to any discus-
sions, agreements, or activities outside the scope of the pilot
program.
‘‘(2) ANTITRUST LAWS DEFINED.—In this section, the term
‘antitrust laws’ has the meaning given that term in the first
section of the Clayton Act (15 U.S.C. 12).
‘‘(i) CONSULTATION WITH ATTORNEY GENERAL.—The Secretary
shall consult with the Attorney General regarding the design and
implementation of the pilot program, including determining whether
a limit should be set on the number of occasions collaborative
decisionmaking could be employed during the initial 2-year period
of the pilot program.
‘‘(j) EVALUATION.—
‘‘(1) IN GENERAL.—Before the expiration of the 2-year period
for which the pilot program is authorized under subsection
(b), the Administrator shall determine whether the pilot pro-
gram has facilitated more effective use of air traffic capacity
and the Secretary, with the concurrence of the Attorney Gen-
eral, shall determine whether the pilot program has had an
adverse effect on airline competition or the availability of air
services to communities. The Administrator shall also examine
whether capacity benefits resulting from the participation in
the pilot program of an airport resulted in capacity benefits
to other parts of the national airspace system.
‘‘(2) OBTAINING NECESSARY DATA.—The Administrator may
require participating air carriers and airports to provide data
necessary to evaluate the pilot program’s impact.
‘‘(k) EXTENSION OF PILOT PROGRAM.—At the end of the 2-year
period for which the pilot program is authorized, the Administrator,
with the concurrence of the Attorney General, may continue the
pilot program for an additional 2 years and expand participation
in the program to up to 7 additional airports if the Administrator
determines pursuant to subsection (j) that the pilot program has
facilitated more effective use of air traffic capacity and if the Sec-
retary, with the concurrence of the Attorney General, determines
that the pilot program has had no adverse effect on airline competi-
tion or the availability of air services to communities. The Adminis-
trator shall select the additional airports to participate in the
extended pilot program in the same manner in which airports
were initially selected to participate.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
is amended by adding at the end the following:
‘‘40129. Collaborative decisionmaking pilot program.’’.
SEC. 424. COMPETITION DISCLOSURE REQUIREMENT FOR LARGE AND
MEDIUM HUB AIRPORTS.
Section 47107 is amended by adding at the end the following:
‘‘(s) COMPETITION DISCLOSURE REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
approve an application under this subchapter for an airport
development project grant for a large hub airport or a medium
H. R. 2115—66
hub airport only if the Secretary receives assurances that the
airport sponsor will provide the information required by para-
graph (2) at such time and in such form as the Secretary
may require.
‘‘(2) COMPETITIVE ACCESS.—On February 1 and August 1
of each year, an airport that during the previous 6-month
period has been unable to accommodate one or more requests
by an air carrier for access to gates or other facilities at that
airport in order to provide service to the airport or to expand
service at the airport shall transmit a report to the Secretary
that—
‘‘(A) describes the requests;
‘‘(B) provides an explanation as to why the requests
could not be accommodated; and
‘‘(C) provides a time frame within which, if any, the
airport will be able to accommodate the requests.
‘‘(3) SUNSET PROVISION.—This subsection shall cease to be
effective beginning October 1, 2008.’’.
SEC. 425. SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON
NATIONAL AIRPORT.
(a) BEYOND-PERIMETER
EXEMPTIONS.—Section 41718(a) is
amended by striking ‘‘12’’ and inserting ‘‘24’’.
(b) 
WITHIN-PERIMETER
EXEMPTIONS.—Section 
41718(b) 
is
amended—
(1) by striking ‘‘12’’ and inserting ‘‘20’’; and
(2) by striking ‘‘that were designated as medium hub or
smaller airports’’.
(c) LIMITATIONS.—
(1) GENERAL EXEMPTIONS.—Section 41718(c)(2) is amended
by striking ‘‘two’’ and inserting ‘‘3’’.
(2) ALLOCATION OF WITHIN-PERIMETER EXEMPTIONS.—Sec-
tion 41718(c)(3) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘four’’ and inserting ‘‘without regard
to the criteria contained in subsection (b)(1), six’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in subparagraph (B)—
(i) by striking ‘‘eight’’ and inserting ‘‘ten’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) four shall be for air transportation to airports
without regard to their size.’’.
(d) APPLICATION PROCEDURES.—Section 41718(d) is amended
to read as follows:
‘‘(d) APPLICATION PROCEDURES.—The Secretary shall establish
procedures to ensure that all requests for exemptions under this
section are granted or denied within 90 days after the date on
which the request is made.’’.
SEC. 426. DEFINITION OF COMMUTER AIRCRAFT.
(a) IN GENERAL.—Section 41718 is amended by adding at the
end the following:
‘‘(f) COMMUTERS DEFINED.—For purposes of aircraft operations
at Ronald Reagan Washington National Airport under subpart K