H. R. 2115—29
‘‘§ 46319. Permanent closure of an airport without providing
sufficient notice
‘‘(a) PROHIBITION.—A public agency (as defined in section 47102)
may not permanently close an airport listed in the national plan
of integrated airport systems under section 47103 without providing
written notice to the Administrator of the Federal Aviation Adminis-
tration at least 30 days before the date of the closure.
‘‘(b) PUBLICATION OF NOTICE.—The Administrator shall publish
each notice received under subsection (a) in the Federal Register.
‘‘(c) CIVIL PENALTY.—A public agency violating subsection (a)
shall be liable for a civil penalty of $10,000 for each day that
the airport remains closed without having given the notice required
by this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 463
is amended by adding at the end the following:
‘‘46319. Permanent closure of an airport without providing sufficient notice.’’.
SEC. 186. MIDWAY ISLAND AIRPORT.
(a) FINDINGS.—Congress finds that the continued operation of
the Midway Island Airport in accordance with the standards of
the Federal Aviation Administration applicable to commercial air-
ports is critical to the safety of commercial, military, and general
aviation in the mid-Pacific Ocean region.
(b) MEMORANDUM OF UNDERSTANDING ON SALE OF AIRCRAFT
FUEL.—The Secretaries of Transportation, Defense, Interior, and
Homeland Security shall enter into a memorandum of under-
standing to facilitate the sale of aircraft fuel on Midway Island
at a price that will generate sufficient revenue to improve the
ability of the airport to operate on a self-sustaining basis in accord-
ance with the standards of the Federal Aviation Administration
applicable to commercial airports. The memorandum shall also
address the long-range potential of promoting tourism as a means
to generate revenue to operate the airport.
(c) TRANSFER OF NAVIGATION AIDS AT MIDWAY ISLAND AIR-
PORT.—The Midway Island Airport may transfer, without consider-
ation, to the Administrator the navigation aids at the airport.
The Administrator shall accept the navigation aids and operate
and maintain the navigation aids under criteria of the Adminis-
trator.
(d) FUNDING
TO SECRETARY
OF
THE INTERIOR
FOR MIDWAY
ISLAND AIRPORT.—The Secretary of Transportation may enter into
a reimbursable agreement with the Secretary of the Interior for
the purpose of funding airport development, as defined in section
47102(3) of title 49, United States Code, at Midway Island Airport
for fiscal years ending before October 1, 2007, from amounts avail-
able in the discretionary fund established by section 47115 of such
title. The maximum obligation under the agreement for any such
fiscal year shall be $2,500,000.
SEC. 187. INTERMODAL PLANNING.
Section 47106(c)(1)(A) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by adding ‘‘and’’ at the end of clause (ii); and
(3) by adding at the end the following:
‘‘(iii) with respect to an airport development project
involving the location of an airport, runway, or major run-
way extension at a medium or large hub airport, the airport
H. R. 2115—30
sponsor has made available to and has provided upon
request to the metropolitan planning organization in the
area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to
depict the project and a copy of any airport master plan
in which the project is described or depicted;’’.
SEC. 188. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115 is amended by adding at the end the following:
‘‘(j) MARSHALL ISLANDS, MICRONESIA, AND PALAU.—For fiscal
years 2004 through 2007, the sponsors of airports located in the
Republic of the Marshall Islands, Federated States of Micronesia,
and Republic of Palau shall be eligible for grants under this section
and section 47116.’’.
SEC. 189. LIMITATION ON APPROVAL OF CERTAIN PROGRAMS.
Section 47504(b) is amended by adding at the end the following:
‘‘(4) The Secretary shall not approve in fiscal years 2004
through 2007 a program submitted under subsection (a) if the
program requires the expenditure of funds made available under
section 48103 for mitigation of aircraft noise less than 65 DNL.’’.
SEC. 190. CONVEYANCE OF AIRPORT.
(a) OFFER OF CONVEYANCE.—Subject to the requirements of
this section, the Chaluka Corporation is hereby offered ownership
of the surface estate in the former Nikolski Radio Relay Site on
Umnak Island, Alaska, and the Aleut Corporation is hereby offered
the subsurface estate of that Site, in exchange for relinquishment
by the Chaluka Corporation and the Aleut Corporation of Lot 1,
Section 14, Township 81 South, Range 133 West, Seward Meridian,
Alaska.
(b) ACCEPTANCE AND RELINQUISHMENT.—
(1) IN GENERAL.—The Secretary of the Interior shall convey
the land as provided in subsection (c) if the Chaluka Corpora-
tion and the Aleut Corporation take the actions specified in
paragraphs (2) and (3), respectively.
(2) CHALUKA CORPORATION.—As a condition for conveyance
under subsection (c), the Chaluka Corporation shall notify the
Secretary of the Interior within 180 days after the date of
enactment of this Act that, by means of a legally binding
resolution of the Board of Directors, the Chaluka Corporation—
(A) accepts the offer under subsection (a);
(B) confirms that the area surveyed by the Bureau
of Land Management for the purpose of fulfilling the
Chaluka Corporation’s final entitlements under sections
12(a) and 12(b) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611(a) and (b)), identified as Group Survey
Number 773, accurately represents the Chaluka Corpora-
tion’s final, irrevocable Alaska Native Claims Settlement
Act priorities and entitlements unless any tract in Group
Survey Number 773 is ultimately not conveyed as the
result of an appeal; and
(C) relinquishes Lot 1, Section 14, Township 81 South,
Range 133 West, Seward Meridian, Alaska, which will
be charged against the Chaluka Corporation’s final entitle-
ment under section 12(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(b)).
H. R. 2115—31
(3) ALEUT CORPORATION.—As a condition for the conveyance
under subsection (c), the Aleut Corporation shall notify the
Secretary of the Interior within 180 days after the date of
enactment of this Act that, by means of a legally binding
resolution of the Board of Directors, accompanied by the written
legal opinion of counsel as to the legal sufficiency of the Board
of Directors’ action, the Aleut Corporation—
(A) accepts the offer under subsection (a); and
(B) relinquishes all rights to Lot 1, Section 14, Town-
ship 81 South, Range 133 West, Seward Meridian, Alaska.
(c) REQUIREMENT TO CONVEY.—
(1) CONVEYANCE.—Notwithstanding the existence of Public
Land Order 2374, upon receipt from the Chaluka Corporation
and from the Aleut Corporation of their acceptances made
in accordance with the requirements of subsections (b)(2) and
(b)(3), respectively, of the offer under subsection (a), the Sec-
retary of the Interior shall convey to the Chaluka Corporation
the surface estate, and to the Aleut Corporation the subsurface
estate, of—
(A) Phase I lands as soon as practicable; and
(B) each parcel of Phase II lands upon completion
of environmental restoration of Phase II lands in accord-
ance with applicable law.
(2) PHASE I LIABILITY LIMIT.—Notwithstanding section 107
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607), neither the Chaluka
Corporation nor the Aleut Corporation shall be subject to any
liability for—
(A) the presence or release of a hazardous substance,
as that term is defined by section 101(14) of that Act
(16 U.S.C. 9601(14)), on Phase I lands or the presence
of solid waste on Phase I lands, which predates conveyance
of those lands to the Chaluka Corporation and the Aleut
Corporation pursuant to this section; or
(B) any release, from any of the hazardous substances
or solid wastes referred to in subparagraph (A), following
conveyance of Phase I lands under this section, so long
as the presence of or releases from those hazardous sub-
stances or solid wastes are not the result of actions by
the Chaluka Corporation or the Aleut Corporation.
(3) CONTINUED ACCESS OVER HILL AND BEACH STREETS.—
The surface estate conveyed under paragraph (1) shall be sub-
ject to the public’s right of access over Hill and Beach Streets,
located on Tract B of United States Survey 4904.
(d) TREATMENT AS ANCSA LANDS.—Conveyances made under
subsection (c) shall be considered to be conveyances under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and are subject to the provisions of that Act except sections 14(c)(3),
14(c)(4), and 17(b)(3) (43 U.S.C. 1613(c)(3), 1613(c)(4), and
1616(b)(3)).
(e) AUTHORITY TO CONVEY CERTAIN OTHER LANDS.—The Sec-
retary of the Interior shall at no cost to the recipient convey owner-
ship of—
(1) an estate in fee simple in—
H. R. 2115—32
(A) each of Lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904 that is the subject of an Aleu-
tian Housing Authority mutual help occupancy agreement,
to the Aleutian Housing Authority; and
(B) the remainder of such Lots to the current occu-
pants; and
(2) an estate in fee simple in the Nikolski powerhouse
land, to—
(A) the Indian Reorganization Act Tribal Government
for the Native Village of Nikolski, upon completion of the
environmental restoration described in subsection (f), if
after the restoration the powerhouse continues to be located
on the Nikolski powerhouse land; or
(B) the surface estate to the Chaluka Corporation and
the subsurface estate to the Aleut Corporation, if after
the restoration, the Nikolski powerhouse is no longer
located on the Nikolski powerhouse land.
(f) RESTORATION OF POWERHOUSE LAND.—The Denali Commis-
sion, in consultation with the appropriate agency of the State of
Alaska, is authorized to arrange for environmental restoration,
in accordance with applicable law, of the areas on, beneath, and
adjacent to the Nikolski powerhouse land that are contaminated
as a result of powerhouse operations and activities.
(g) ACCESS.—As a condition of the conveyance of land under
subsection (c), the Chaluka Corporation shall permit the United
States Government, and its agents, employees, and contractors,
to have unrestricted access to the airfield at Nikolski in perpetuity
for site investigation, restoration, remediation, and environmental
monitoring of the former Nikolski Radio Relay Site and reasonable
access to that airfield, and to other land conveyed under this section,
for any activity associated with management of lands owned by
the United States and for other governmental purposes without
cost to the Government.
(h) SURVEY REQUIREMENTS.—
(1) BLM SURVEYS.—The Bureau of Land Management is
not required to conduct additional on-the-ground surveys as
a result of conveyances under this section. The patent to the
Chaluka Corporation may be based on protracted section lines
and lotting where relinquishment under subsection (b)(2)(C)
results in a change to the Chaluka Corporation’s final bound-
aries.
(2) MONUMENTATION.—No additional monumentation is
required to complete those final boundaries.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) FEDERAL AGENCIES.—There is authorized to be appro-
priated to the Department of the Interior and other appropriate
agencies such sums as are necessary to carry out the provisions
of this section.
(2) POWERHOUSE LAND RESTORATION.—There is authorized
to be appropriated $1,500,000 to reimburse the appropriate
State of Alaska agency for costs required for environmental
restoration of the Nikolski powerhouse land, in accordance with
applicable law.
(j) TERMINATION.—This section shall cease to be effective if
either the Chaluka Corporation or the Aleut Corporation affirma-
tively rejects the offer under subsection (a) or if after 180 days
following the date of enactment of this Act either corporation has
H. R. 2115—33
not taken the actions specified in subsection (b)(2) or (b)(3), respec-
tively.
(k) DEFINITIONS.—In this section, the following definitions
apply:
(1) The term ‘‘Aleut Corporation’’ means the regional cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the region in which
the Native Village of Nikolski, Alaska, is located.
(2) The term ‘‘Chaluka Corporation’’ means the village cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the Native Village of
Nikolski, Alaska.
(3) The term ‘‘former Nikolski Radio Relay Site’’ means
the portions of Tracts A, B, and C of Public Land Order 2374
that are surveyed as Tracts 37, 37A, 38, 39, and 39A of Town-
ship 83 South, Range 136 West, Seward Meridian, Alaska,
and Tract B of United States Survey 4904, Alaska, except—
(A) Lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904; and
(B) the Nikolski powerhouse land.
(4) The term ‘‘Nikolski powerhouse land’’ means the parcel
of land upon which is located the power generation building
for supplying power to the Native Village of Nikolski, the
boundaries of which are described generally as follows: Begin-
ning at the point at which the southerly boundary of Tract
39 of Township 83 South, Range 136 West, Seward Meridian,
Alaska, intersects the easterly boundary of the road that con-
nects the Native Village of Nikolski and the airfield at Nikolski;
then meandering in a northeasterly direction along the easterly
boundary of that road until the road intersects the westerly
boundary of the road that connects Umnak Lake and the air-
field; then meandering in a southerly direction along the
western boundary of that Umnak Lake road until that western
boundary intersects the southern boundary of such Tract 39;
then proceeding eastward along the southern boundary of such
Tract 39 to the beginning point.
(5) The term ‘‘Phase I lands’’ means Tract 39 of Township
83 South, Range 136 West, Seward Meridian, excluding the
Nikolski powerhouse land.
(6) The term ‘‘Phase II lands’’ means the portion of the
former Nikolski Radio Relay Site not conveyed as Phase I
lands.
TITLE II—FAA ORGANIZATION
Subtitle A—FAA Reform
SEC. 201. MANAGEMENT ADVISORY COMMITTEE MEMBERS.
Section 106(p) is amended—
(1) in the subsection heading by inserting ‘‘AND AIR TRAFFIC
SERVICES BOARD’’ after ‘‘COUNCIL’’; and
(2) in paragraph (2)—
(A) by striking ‘‘consist of’’ and all that follows through
‘‘members, who’’ and inserting ‘‘consist of 13 members,
who’’;
H. R. 2115—35
(B) by striking ‘‘Subcommittee’’ and inserting ‘‘Com-
mittee’’;
(11) in paragraph (6)(I)(ii)—
(A) by striking ‘‘appointed under paragraph (2)(E)’’ and
inserting ‘‘who is a member of the Committee’’; and
(B) by striking ‘‘Subcommittee’’ and inserting ‘‘Com-
mittee’’;
(12) in paragraph (6)(K) by inserting ‘‘or Committee’’ after
‘‘Council’’;
(13) in paragraph (6)(L) by inserting ‘‘or Committee’’ after
‘‘Council’’ each place it appears; and
(14) in paragraph (7)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the paragraph
heading and inserting ‘‘COMMITTEE’’;
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A) ESTABLISHMENT.—The Administrator shall estab-
lish a committee that is independent of the Council by
converting the Air Traffic Services Subcommittee of the
Council, as in effect on the day before the date of enactment
of the Vision 100—Century of Aviation Reauthorization
Act, into such committee. The committee shall be known
as the Air Traffic Services Committee (in this subsection
referred to as the ‘Committee’).’’;
(C) by redesignating subparagraphs (B) through (F)
as subparagraphs (D) through (H), respectively;
(D) by inserting after subparagraph (A) the following:
‘‘(B) MEMBERSHIP
AND
QUALIFICATIONS.—Subject to
paragraph (6)(C), the Committee shall consist of five mem-
bers, one of whom shall be the Administrator and shall
serve as chairperson. The remaining members shall be
appointed by the President with the advice and consent
of the Senate and—
‘‘(i) shall have a fiduciary responsibility to rep-
resent the public interest;
‘‘(ii) shall be citizens of the United States; and
‘‘(iii) shall be appointed without regard to political
affiliation and solely on the basis of their professional
experience and expertise in one or more of the following
areas and, in the aggregate, should collectively bring
to bear expertise in all of the following areas:
‘‘(I) Management of large service organiza-
tions.
‘‘(II) Customer service.
‘‘(III) Management of large procurements.
‘‘(IV) Information and communications tech-
nology.
‘‘(V) Organizational development.
‘‘(VI) Labor relations.
‘‘(C) PROHIBITIONS ON MEMBERS OF COMMITTEE.—No
member of the Committee may—
‘‘(i) have a pecuniary interest in, or own stock
in or bonds of, an aviation or aeronautical enterprise,
except an interest in a diversified mutual fund or an
interest that is exempt from the application of section
208 of title 18;
H. R. 2115—36
‘‘(ii) engage in another business related to aviation
or aeronautics; or
‘‘(iii) be a member of any organization that
engages, as a substantial part of its activities, in activi-
ties to influence aviation-related legislation.’’;
(E) by striking ‘‘Subcommittee’’ each place it appears
in subparagraphs (D) and (E) (as redesignated by subpara-
graph (C) of this paragraph) and inserting ‘‘Committee’’;
(F) by striking ‘‘approve’’ in subparagraph (E)(v)(I) (as
so redesignated) and inserting ‘‘make recommendations on’’;
(G) by striking ‘‘request’’ in subparagraph (E)(v)(II)
(as so redesignated) and inserting ‘‘recommendations’’;
(H) by striking ‘‘ensure that the budget request sup-
ports’’ in subparagraph (E)(v)(III) (as so redesignated) and
inserting ‘‘base such budget recommendations on’’;
(I) by striking ‘‘The Secretary shall submit’’ in subpara-
graph (E) (as so redesignated) and all that follows through
the period at the end of such subparagraph (E);
(J) by striking subparagraph (F) (as so redesignated)
and inserting the following:
‘‘(F) COMMITTEE PERSONNEL MATTERS AND EXPENSES.—
‘‘(i) PERSONNEL
MATTERS.—The Committee may
appoint and terminate for purposes of employment by
the Committee any personnel that may be necessary
to enable the Committee to perform its duties, and
may procure temporary and intermittent services
under section 40122.
‘‘(ii) TRAVEL EXPENSES.—Each member of the Com-
mittee shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title
5, United States Code.’’;
(K) in subparagraph (G) (as so redesignated)—
(i) by striking clause (i);
(ii) by redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively; and
(iii) by striking ‘‘Subcommittee’’ each place it
appears in clauses (i), (ii), and (iii) (as so redesignated)
and inserting ‘‘Committee’’;
(L) in subparagraph (H) (as so redesignated)—
(i) by striking ‘‘Subcommittee’’ each place it
appears and inserting ‘‘Committee’’;
(ii) by striking ‘‘Administrator, the Council’’ each
place it appears in clauses (i) and (ii) and inserting
‘‘Secretary’’; and
(iii) in clause (ii) by striking ‘‘(B)(i)’’ and inserting
‘‘(D)(i)’’; and
(M) by adding at the end the following:
‘‘(I) AUTHORIZATION.—There are authorized to be
appropriated to the Committee such sums as may be nec-
essary for the Committee to carry out its activities.’’.
SEC. 203. CLARIFICATION OF THE RESPONSIBILITIES OF THE CHIEF
OPERATING OFFICER.
Section 106(r) is amended—
(1) in each of paragraphs (1)(A) and (2)(A) by striking
‘‘Air Traffic Services Subcommittee of the Aviation Management
H. R. 2115—37
Advisory Council’’ and inserting ‘‘Air Traffic Services Com-
mittee’’;
(2) in paragraph (2)(B) by inserting ‘‘in’’ before ‘‘paragraph
(3).’’;
(3) in paragraph (3) by striking ‘‘Air Traffic Control Sub-
committee of the Aviation Management Advisory Committee’’
and inserting ‘‘Air Traffic Services Committee’’;
(4) in paragraph (4) by striking ‘‘Transportation and Con-
gress’’ and inserting ‘‘Transportation, the Committee on
Transportation and Infrastructure of the House of Representa-
tives, and the Committee on Commerce, Science, and Transpor-
tation of the Senate’’;
(5) in paragraph (5)(A)—
(A) by striking ‘‘develop a’’ and inserting ‘‘implement
the’’; and
(B) by striking ‘‘, including the establishment of’’ and
inserting ‘‘in order to further’’;
(6) in paragraph (5)(B)—
(A) by striking ‘‘review’’ and all that follows through
‘‘Administration,’’ and inserting ‘‘oversee the day-to-day
operational functions of the Administration for air traffic
control,’’;
(B) by striking ‘‘and’’ at the end of clause (ii);
(C) by striking the period at the end of clause (iii)
and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(iv) the management of cost-reimbursable con-
tracts.’’;
(7) in paragraph (5)(C)(i) by striking ‘‘prepared by the
Administrator’’;
(8) in paragraph (5)(C)(ii) by striking ‘‘and the Secretary
of Transportation’’ and inserting ‘‘and the Committee’’; and
(9) in paragraph (5)(C)(iii)—
(A) by inserting ‘‘agency’s’’ before ‘‘annual’’; and
(B) by striking ‘‘developed under subparagraph (A) of
this subsection.’’ and inserting ‘‘for air traffic control serv-
ices.’’.
SEC. 204. DEPUTY ADMINISTRATOR.
Section 106(d) is amended—
(1) by redesignating paragraphs (2) and (3) as (3) and
(4), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) The annual rate of basic pay of the Deputy Administrator
shall be set by the Secretary but shall not exceed the annual
rate of basic pay payable to the Administrator of the Federal
Aviation Administration.’’.
Subtitle B—Miscellaneous
SEC. 221. CONTROLLER STAFFING.
(a) ANNUAL REPORT.—Beginning with the submission of the
Budget of the United States to the Congress for fiscal year 2005,
the Administrator of the Federal Aviation Administration shall
transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
H. R. 2115—38
on Transportation and Infrastructure that describes the overall
air traffic controller staffing plan, including strategies to address
anticipated retirement and replacement of air traffic controllers.
(b) HUMAN CAPITAL WORKFORCE STRATEGY.—
(1) DEVELOPMENT.—The Administrator shall develop a com-
prehensive human capital workforce strategy to determine the
most effective method for addressing the need for more air
traffic controllers that is identified in the June 2002 report
of the General Accounting Office.
(2) COMPLETION DATE.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall complete
development of the strategy.
(3) REPORT.—Not later than 30 days after the date on
which the strategy is completed, the Administrator shall
transmit to Congress a report describing the strategy.
SEC. 
222. 
WHISTLEBLOWER 
PROTECTION 
UNDER 
ACQUISITION
MANAGEMENT SYSTEM.
Section 40110(d)(2)(C) is amended by striking ‘‘355).’’ and
inserting ‘‘355), except for section 315 (41 U.S.C. 265). For the
purpose of applying section 315 of that Act to the system, the
term ‘executive agency’ is deemed to refer to the Federal Aviation
Administration.’’.
SEC. 223. FAA PURCHASE CARDS.
(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall take appropriate actions to implement the
recommendations contained in the report of the General Accounting
Office entitled ‘‘FAA Purchase Cards: Weak Controls Resulted in
Instances of Improper and Wasteful Purchases and Missing Assets’’,
numbered GAO–03–405 and dated March 21, 2003.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall transmit to Congress a report
containing a description of the actions taken by the Administrator
under this section.
SEC. 224. PROCUREMENT.
(a) DUTIES AND POWERS.—Section 40110(c) is amended—
(1) by striking ‘‘Administration—’’ and all that follows
through ‘‘(2) may—’’ and inserting ‘‘Administration may—’’;
(2) by striking subparagraph (D);
(3) by redesignating subparagraphs (A), (B), (C), (E), and
(F) as paragraphs (1), (2), (3), (4), and (5), respectively; and
(4) by moving such paragraphs (1) through (5) 2 ems to
the left.
(b) ACQUISITION MANAGEMENT SYSTEM.—Section 40110(d) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘, not later than January 1, 1996,’’;
and
(B) by striking ‘‘provides for more timely and cost-
effective acquisitions of equipment and materials.’’ and
inserting the following:
‘‘provides for—
‘‘(A) more timely and cost-effective acquisitions of
equipment, services, property, and materials; and
H. R. 2115—39
‘‘(B) the resolution of bid protests and contract disputes
related thereto, using consensual alternative dispute reso-
lution techniques to the maximum extent practicable.’’; and
(2) by striking paragraph (4), relating to the effective date,
and inserting the following:
‘‘(4) ADJUDICATION OF CERTAIN BID PROTESTS AND CONTRACT
DISPUTES.—A bid protest or contract dispute that is not
addressed or resolved through alternative dispute resolution
shall be adjudicated by the Administrator through Dispute
Resolution Officers or Special Masters of the Federal Aviation
Administration Office of Dispute Resolution for Acquisition,
acting pursuant to sections 46102, 46104, 46105, 46106 and
46107 and shall be subject to judicial review under section
46110 and to section 504 of title 5.’’.
(c) AUTHORITY OF ADMINISTRATOR TO ACQUIRE SERVICES.—Sec-
tion 106(f)(2)(A)(ii) is amended by inserting ‘‘, services,’’ after ‘‘prop-
erty’’.
SEC. 225. DEFINITIONS.
(a) IN GENERAL.—Section 40102(a) is amended—
(1) by redesignating paragraphs (38) through (42) as para-
graphs (43) through (47), respectively;
(2) by inserting after paragraph (37) the following:
‘‘(42) ‘small hub airport’ means a commercial service airport
(as defined in section 47102) that has at least 0.05 percent
but less than 0.25 percent of the passenger boardings.’’;
(3) by redesignating paragraphs (33) through (37) as para-
graphs (37) through (41) respectively;
(4) by inserting after paragraph (32) the following:
‘‘(36) ‘passenger boardings’—
‘‘(A) means, unless the context indicates otherwise,
revenue passenger boardings in the United States in the
prior calendar year on an aircraft in service in air com-
merce, as the Secretary determines under regulations the
Secretary prescribes; and
‘‘(B) includes passengers who continue on an aircraft
in international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic pur-
pose.’’;
(5) by redesignating paragraph (32) as paragraph (35);
(6) by inserting after paragraph (31) the following:
‘‘(34) ‘nonhub airport’ means a commercial service airport
(as defined in section 47102) that has less than 0.05 percent
of the passenger boardings.’’;
(7) by redesignating paragraphs (30) and (31) as paragraphs
(32) and (33), respectively;
(8) by inserting after paragraph (29) the following:
‘‘(31) ‘medium hub airport’ means a commercial service
airport (as defined in section 47102) that has at least 0.25
percent but less than 1.0 percent of the passenger boardings.’’;
(9) by redesignating paragraph (29) as paragraph (30);
and
(10) by inserting after paragraph (28) the following:
‘‘(29) ‘large hub airport’ means a commercial service airport
(as defined in section 47102) that has at least 1.0 percent
of the passenger boardings.’’.
(b) CONFORMING AMENDMENTS.—
H. R. 2115—41
subsection, the term ‘air traffic controller’ or ‘controller’
has the meaning given to it under section 8401(35)(A).’’.
(b) MODIFIED ANNUITY COMPUTATION RULE FOR CERTAIN AIR
TRAFFIC CONTROLLERS UNDER FERS.—
(1) IN GENERAL.—Section 8415 of title 5, United States
Code, is amended—
(A) by redesignating subsections (e) through (j) as sub-
sections (f) through (k), respectively, and by redesignating
the second subsection (i) as subsection (l); and
(B) by inserting after subsection (d) the following:
‘‘(e) The annuity of an air traffic controller or former air traffic
controller retiring under section 8412(a) is computed under sub-
section (a), except that if the individual has had at least 5 years
of service as an air traffic controller as defined by section
2109(1)(A)(i), so much of the annuity as is computed with respect
to such type of service shall be computed by multiplying 17⁄10
percent of the individual’s average pay by the years of such service.’’.
(2) CONFORMING AMENDMENTS.—(A) Section 8422(d)(2) of
title 5, United States Code, is amended by striking ‘‘8415(i)’’
and inserting ‘‘8415(j)’’.
(B) Section 8452(d)(1) of such title is amended by striking
‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’.
(C) Section 8468(b)(1)(A) of such title is amended by
striking ‘‘through (g)’’ and inserting ‘‘through (h)’’.
(D) Section 302(a) of the Federal Employees’ Retirement
System Act of 1986 (5 U.S.C. 8331 note) is amended—
(i) in paragraph (1)(D)(VI), by striking ‘‘subsection (g)’’
and inserting ‘‘subsection (h)’’;
(ii) in paragraph (9), by striking ‘‘8415(f)’’ and inserting
‘‘8415(g)’’; and
(iii) in paragraph (12)(B)(ii), by striking ‘‘through (f)’’
and inserting ‘‘through (g)’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amendments made
by this section—
(A) shall take effect on the 60th day after the date
of enactment of this Act; and
(B) shall apply with respect to—
(i) any annuity entitlement to which is based on
an individual’s separation from service occurring on
or after the effective date of this section; and
(ii) any service performed by any such individual
before, on, or after the effective date of this section,
subject to paragraph (2).
(2) SPECIAL RULE.—
(A) DEPOSIT
REQUIREMENT.—For purposes of deter-
mining eligibility for immediate retirement under section
8412(e) of title 5, United States Code, the amendment
made by subsection (a)(2) shall, with respect to any service
described in subparagraph (B), be disregarded unless there
is deposited into the Civil Service Retirement and Disability
Fund, with respect to such service, in such time, form,
and manner as the Office of Personnel Management by
regulation requires, an amount equal to the amount by
which—
(i) the deductions from pay which would have been
required for such service if the amendments made
H. R. 2115—42
by subsection (a)(2) had been in effect when such
service was performed, exceeds
(ii) the unrefunded deductions or deposits actually
made under subchapter II of chapter 84 of such title
with respect to such service.
An amount under this subparagraph shall include interest,
computed under paragraphs (2) and (3) of section 8334(e)
of such title 5.
(B) PRIOR SERVICE DESCRIBED.—This paragraph applies
with respect to any service performed by an individual
before the effective date of this section as an employee
described in section 8401(35)(B) of title 5, United States
Code (as amended by subsection (a)(2)).
SEC. 227. DESIGN ORGANIZATION CERTIFICATES.
(a) GENERAL AUTHORITY TO ISSUE CERTIFICATES.—Effective on
the last day of the 7-year period beginning on the date of enactment
of this Act, section 44702(a) is amended by inserting ‘‘design
organization certificates,’’ after ‘‘airman certificates,’’.
(b) DESIGN ORGANIZATION CERTIFICATES.—
(1) PLAN.—Not later than 4 years after the date of enact-
ment of this Act, the Administrator of the Federal Aviation
Administration shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of
the Senate a plan for the development and oversight of a
system for certification of design organizations to certify compli-
ance with the requirements and minimum standards prescribed
under section 44701(a) of title 49, United States Code, for
the type certification of aircraft, aircraft engines, propellers,
or appliances.
(2) ISSUANCE OF CERTIFICATES.—Section 44704 is amended
by adding at the end the following:
‘‘(e) DESIGN ORGANIZATION CERTIFICATES.—
‘‘(1) ISSUANCE.—Beginning 7 years after the date of enact-
ment of this subsection, the Administrator may issue a design
organization certificate to a design organization to authorize
the organization to certify compliance with the requirements
and minimum standards prescribed under section 44701(a) for
the type certification of aircraft, aircraft engines, propellers,
or appliances.
‘‘(2) APPLICATIONS.—On receiving an application for a
design organization certificate, the Administrator shall examine
and rate the design organization submitting the application,
in accordance with regulations to be prescribed by the Adminis-
trator, to determine whether the design organization has ade-
quate engineering, design, and testing capabilities, standards,
and safeguards to ensure that the product being certificated
is properly designed and manufactured, performs properly, and
meets the regulations and minimum standards prescribed
under section 44701(a).
‘‘(3) ISSUANCE
OF
TYPE
CERTIFICATES
BASED
ON
DESIGN
ORGANIZATION CERTIFICATION.—The Administrator may rely on
certifications of compliance by a design organization when
making a finding under subsection (a).
H. R. 2115—43
‘‘(4) PUBLIC SAFETY.—The Administrator shall include in
a design organization certificate issued under this subsection
terms required in the interest of safety.
‘‘(5) NO EFFECT ON POWER OF REVOCATION.—Nothing in
this subsection affects the authority of the Secretary of
Transportation to revoke a certificate.’’.
(c) REINSPECTION
AND REEXAMINATION.—Section 44709(a) is
amended by inserting ‘‘design organization, production certificate
holder,’’ after ‘‘appliance,’’.
(d) PROHIBITIONS.—Section 44711(a)(7) is amended by striking
‘‘agency’’ and inserting ‘‘agency, design organization certificate, ’’.
(e) CONFORMING AMENDMENTS.—
(1) SECTION
HEADING.—Section 44704 is amended by
striking the section designation and heading and inserting the
following:
‘‘§ 44704. Type 
certificates, 
production 
certificates, 
air-
worthiness certificates, and design organization
certificates’’.
(2) CHAPTER ANALYSIS.—The analysis for chapter 447 is
amended by striking the item relating to section 44704 and
inserting the following:
‘‘44704. Type certificates, production certificates, airworthiness certificates, and de-
sign organization certificates.’’.
SEC. 228. JUDICIAL REVIEW.
The first sentence of section 46110(a) is amended—
(1) by striking ‘‘safety’’; and
(2) by striking ‘‘under this part’’ and inserting ‘‘in whole
or in part under this part, part B, or subsection (l) or (s)
of section 114’’.
SEC. 229. OVERFLIGHT FEES.
(a) ADOPTION AND LEGALIZATION OF CERTAIN RULES.—
(1) APPLICABILITY AND EFFECT OF CERTAIN LAW.—Notwith-
standing section 141(d)(1) of the Aviation and Transportation
Security Act (49 U.S.C. 44901 note), section 45301(b)(1)(B) of
title 49, United States Code, is deemed to apply to and to
have effect with respect to the authority of the Administrator
of the Federal Aviation Administration with respect to the
interim final rule and final rule, relating to overflight fees,
issued by the Administrator on May 30, 2000, and August
13, 2001, respectively.
(2) ADOPTION AND LEGALIZATION.—The interim final rule
and final rule referred to in subsection (a), including the fees
issued pursuant to those rules, are adopted, legalized, and
confirmed as fully to all intents and purposes as if the same
had, by prior Act of Congress, been specifically adopted, author-
ized, and directed as of the date those rules were originally
issued.
(3) FEES TO WHICH APPLICABLE.—This subsection applies
to fees assessed after November 19, 2001, and before April
8, 2003, and fees collected after the requirements of subsection
(b) have been met.
(b) DEFERRED COLLECTION OF FEES.—The Administrator shall
defer collecting fees under section 45301(a)(1) of title 49, United
States Code, until the Administrator (1) reports to Congress
H. R. 2115—44
responding to the issues raised by the court in Air Transport
Association of Canada v. Federal Aviation Administration and
Administrator, FAA, decided on April 8, 2003, and (2) consults
with users and other interested parties regarding the consistency
of the fees established under such section with the international
obligations of the United States.
(c) ENFORCEMENT.—The Administrator shall take an appro-
priate enforcement action under subtitle VII of title 49, United
States Code, against any user that does not pay a fee under section
45301(a)(1) of such title.
TITLE III—ENVIRONMENTAL PROCESS
Subtitle A—Aviation Development
Streamlining
SEC. 301. SHORT TITLE.
This title may be cited as ‘‘Aviation Streamlining Approval
Process Act of 2003’’.
SEC. 302. FINDINGS.
Congress finds that—
(1) airports play a major role in interstate and foreign
commerce;
(2) congestion and delays at our Nation’s major airports
have a significant negative impact on our Nation’s economy;
(3) airport capacity enhancement projects at congested air-
ports are a national priority and should be constructed on
an expedited basis;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport authori-
ties, communities, and other Federal, State, and local govern-
ment agencies must work together to develop a plan, set and
honor milestones and deadlines, and work to protect the
environment while sustaining the economic vitality that will
result from the continued growth of aviation.
SEC. 303. AIRPORT CAPACITY ENHANCEMENT.
Section 40104 is amended by adding at the end the following:
‘‘(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT CONGESTED
AIRPORTS.—In carrying out subsection (a), the Administrator shall
take action to encourage the construction of airport capacity
enhancement projects at congested airports as those terms are
defined in section 47176.’’.
SEC. 304. AVIATION PROJECT STREAMLINING.
(a) IN GENERAL.—Chapter 471 is amended by inserting after
subchapter II the following: