II 
Calendar No. 134
108TH CONGRESS 
1ST SESSION H. R. 2115
IN THE SENATE OF THE UNITED STATES 
JUNE 12, 2003
Received; read twice and placed on the calendar 
AN ACT 
To amend title 49, United States Code, to reauthorize pro-
grams for the Federal Aviation Administration, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Flight 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. Effective date. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Federal Aviation Administration operations. 
Sec. 102. Air navigation facilities and equipment. 
Sec. 103. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 104. Additional reauthorizations. 
Sec. 105. Insurance. 
Sec. 106. Pilot program for innovative financing for terminal automation re-
placement systems. 
TITLE II—AIRPORT PROJECT STREAMLINING 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Promotion of new runways. 
Sec. 204. Airport project streamlining. 
Sec. 205. Governor’s certificate. 
Sec. 206. Construction of certain airport capacity projects. 
Sec. 207. Limitations. 
Sec. 208. Relationship to other requirements. 
TITLE III—FEDERAL AVIATION REFORM 
Sec. 301. Management advisory committee members. 
Sec. 302. Reorganization of the Air Traffic Services Subcommittee. 
Sec. 303. Clarification of the responsibilities of the Chief Operating Officer. 
Sec. 304. Small Business Ombudsman. 
Sec. 305. FAA purchase cards. 
TITLE IV—AIRLINE SERVICE IMPROVEMENTS 
Sec. 401. Improvement of aviation information collection. 
Sec. 402. Data on incidents and complaints involving passenger and baggage 
security screening. 
Sec. 403. Definitions. 
Sec. 404. Clarifications to procurement authority. 
Sec. 405. Low-emission airport vehicles and ground support equipment. 
Sec. 406. Streamlining of the passenger facility fee program. 
Sec. 407. Financial management of passenger facility fees. 
Sec. 408. Government contracting for air transportation. 
Sec. 409. Overflights of national parks.
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Sec. 410. Collaborative decisionmaking pilot program. 
Sec. 411. Availability of aircraft accident site information. 
Sec. 412. Slot exemptions at Ronald Reagan Washington National Airport. 
Sec. 413. Notice concerning aircraft assembly. 
Sec. 414. Special rule to promote air service to small communities. 
Sec. 415. Small community air service. 
Sec. 416. Type certificates. 
Sec. 417. Design organization certificates. 
Sec. 418. Counterfeit or fraudulently represented parts violations. 
Sec. 419. Runway safety standards. 
Sec. 420. Availability of maintenance information. 
Sec. 421. Certificate actions in response to a security threat. 
Sec. 422. Flight attendant certification. 
Sec. 423. Civil penalty for closure of an airport without providing sufficient no-
tice. 
Sec. 424. Noise exposure maps. 
Sec. 425. Amendment of general fee schedule provision. 
Sec. 426. Improvement of curriculum standards for aviation maintenance tech-
nicians. 
Sec. 427. Task force on future of air transportation system. 
Sec. 428. Air quality in aircraft cabins. 
Sec. 429. Recommendations concerning travel agents. 
Sec. 430. Task force on enhanced transfer of applications of technology for 
military aircraft to civilian aircraft. 
Sec. 431. Reimbursement for losses incurred by general aviation entities. 
Sec. 432. Impasse procedures for National Association of Air Traffic Special-
ists. 
Sec. 433. FAA inspector training. 
Sec. 434. Prohibition on air traffic control privatization. 
Sec. 435. Airfares for members of the Armed Forces. 
Sec. 436. Air carriers required to honor tickets for suspended air service. 
Sec. 437. International air show. 
Sec. 438. Definition of air traffic controller. 
Sec. 439. Justification for air defense identification zone. 
Sec. 440. International air transportation. 
Sec. 441. Reimbursement of air carriers for certain screening and related ac-
tivities. 
Sec. 442. General aviation flights at Ronald Reagan Washington National Air-
port. 
Sec. 443. Charter airlines. 
Sec. 444. Implementation of chapter 4 noise standards. 
Sec. 445. Crew training. 
Sec. 446. Review of compensation criteria. 
Sec. 447. Review of certain aircraft operations in Alaska. 
TITLE V—AIRPORT DEVELOPMENT 
Sec. 501. Definitions. 
Sec. 502. Replacement of baggage conveyor systems. 
Sec. 503. Security costs at small airports. 
Sec. 504. Withholding of program application approval. 
Sec. 505. Runway safety areas. 
Sec. 506. Disposition of land acquired for noise compatibility purposes. 
Sec. 507. Grant assurances. 
Sec. 508. Allowable project costs.
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Sec. 509. Apportionments to primary airports. 
Sec. 510. Cargo airports. 
Sec. 511. Considerations in making discretionary grants. 
Sec. 512. Flexible funding for nonprimary airport apportionments. 
Sec. 513. Use of apportioned amounts. 
Sec. 514. Military airport program. 
Sec. 515. Terminal development costs. 
Sec. 516. Contract towers. 
Sec. 517. Airport safety data collection. 
Sec. 518. Airport privatization pilot program. 
Sec. 519. Innovative financing techniques. 
Sec. 520. Airport security program. 
Sec. 521. Low-emission airport vehicles and infrastructure. 
Sec. 522. Compatible land use planning and projects by State and local govern-
ments. 
Sec. 523. Prohibition on requiring airports to provide rent-free space for Fed-
eral Aviation Administration. 
Sec. 524. Midway Island Airport. 
Sec. 525. Intermodal planning. 
Sec. 526. Status review of Marshall Islands airport. 
Sec. 527. Report on waivers of preference for buying goods produced in the 
United States. 
TITLE VI—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
EXPENDITURE AUTHORITY 
Sec. 601. Extension of expenditure authority.
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. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and 
the amendments made by this Act shall be effective on 
the date of enactment of this Act.
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TITLE I—AUTHORIZATIONS 
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER-
ATIONS. 
(a) IN GENERAL.—Section 106(k) is amended to 
read as follows: 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) SALARIES, OPERATIONS, AND
MAINTE-
NANCE.—There is authorized to be appropriated to 
the Secretary of Transportation for salaries, oper-
ations, 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 
‘‘(D) $8,064,000,000 for fiscal year 2007. 
Such sums shall remain available until expended. 
‘‘(2) OPERATION
OF
CENTER
FOR
MANAGE-
MENT AND DEVELOPMENT.—Out of amounts appro-
priated under paragraph (1), such sums as may be 
necessary may be expended by the Center for Man-
agement Development of the Federal Aviation Ad-
ministration to operate at least 200 courses each 
year and to support associated student travel for 
both residential and field courses.
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‘‘(3) AIR TRAFFIC MANAGEMENT SYSTEM.—Out 
of amounts appropriated under paragraph (1), such 
sums as may be necessary may be expended by the 
Federal Aviation Administration for the establish-
ment and operation of a new office to develop, in co-
ordination with the Department of Defense, the Na-
tional Aeronautics and Space Administration, and 
the Department of Homeland Security, the next gen-
eration air traffic management system and a transi-
tion plan for the implementation of that system. The 
office shall be known as the ‘Next Generation Air 
Transportation System Joint Program Office’. 
‘‘(4) HELICOPTER
AND
TILTROTOR
PROCE-
DURES.—Out of amounts appropriated under para-
graph (1), such sums as may be necessary may be 
expended by the Federal Aviation Administration for 
the establishment of helicopter and tiltrotor ap-
proach and departure procedures using advanced 
technologies, such as the Global Positioning System 
and automatic dependent surveillance, to permit op-
erations in adverse weather conditions to meet the 
needs of air ambulance services. 
‘‘(5) ADDITIONAL
AIR
TRAFFIC
CONTROL-
LERS.—Out of amounts appropriated under para-
graph (1), such sums as may be necessary may be
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expended to hire additional air traffic controllers in 
order to meet increasing air traffic demands and to 
address the anticipated increase in the retirement of 
experienced air traffic controllers. 
‘‘(6) COMPLETION OF ALASKA AVIATION SAFE-
TY PROJECT.—Out of amounts appropriated under 
paragraph (1), $6,000,000 may be expended for the 
completion of the Alaska aviation safety project with 
respect to the 3 dimensional mapping of Alaska’s 
main aviation corridors. 
‘‘(7) AVIATION SAFETY REPORTING SYSTEM.—
Out of amounts appropriated under paragraph (1), 
$3,400,000 may be expended on the Aviation Safety 
Reporting System.’’. 
(b) AIRLINE DATA AND ANALYSIS.—There is author-
ized 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 air-
line data and conduct analyses of such data in the Bureau 
of Transportation Statistics of the Department of Trans-
portation. 
(c) HUMAN CAPITAL WORKFORCE STRATEGY.—
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(1) DEVELOPMENT.—The Administrator of the 
Federal Aviation Administration shall develop a 
comprehensive human capital workforce strategy to 
determine the most effective method for addressing 
the need for more air traffic controllers that is called 
for in the June 2002 report of the General Account-
ing Office. 
(2) COMPLETION
DATE.—The Administrator 
shall complete development of the strategy not later 
than 1 year after the date of enactment of this Act. 
(3) REPORT.—Not later than 30 days after the 
date on which the strategy is completed, the Admin-
istrator shall transmit to Congress a report describ-
ing the strategy. 
(d) GOALS AND OBJECTIVES OF AVIATION SAFETY 
REPORTING SYSTEM.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall 
transmit to Congress a report on the long-term goals and 
objectives of the Aviation Safety Reporting System and 
how such system interrelates with other safety reporting 
systems of the Federal Government. 
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:
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‘‘(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.’’; 
(2) by striking subsection (b); 
(3) by redesignating (c) as subsection (b); 
(4) by striking subsections (d) and (e) and in-
serting the following: 
‘‘(c) ENHANCED SAFETY AND SECURITY FOR AIR-
CRAFT OPERATIONS
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 com-
munications and surveillance, and weather services in the 
Gulf of Mexico. 
‘‘(d) OPERATIONAL BENEFITS OF WAKE VORTEX 
ADVISORY SYSTEM.—Of amounts appropriated under sub-
section (a), $20,000,000 for each of fiscal years 2004 
through 2007 may be used to document and demonstrate 
the operational benefits of a wake vortex advisory system. 
‘‘(e) GROUND-BASED
PRECISION
NAVIGATIONAL 
AIDS.—Of amounts appropriated under subsection (a), 
$20,000,000 for each of fiscal years 2004 to 2007 may 
be used to establish a program for the installation, oper-
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ation, and maintenance of a closed-loop precision approach 
aid designed to improve aircraft accessibility at moun-
tainous airports with limited land if the approach aid is 
able to provide curved and segmented approach guidance 
for noise abatement purposes and has been certified or 
approved by the Administrator.’’; and 
(5) in subsection (f)—
(A) by striking ‘‘for fiscal years beginning 
after September 30, 2000’’; and 
(B) by inserting ‘‘may be used’’ after ‘‘nec-
essary’’. 
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103 is amended—
(1) by striking ‘‘September 30, 1998’’ and in-
serting ‘‘September 30, 2003’’; and 
(2) by striking paragraphs (1) through (5) and 
inserting: 
‘‘(1) $3,400,000,000 for fiscal year 2004; 
‘‘(2) $3,600,000,000 for fiscal year 2005; 
‘‘(3) $3,800,000,000 for fiscal year 2006; and 
‘‘(4) $4,000,000,000 for fiscal year 2007.’’.
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(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 
is amended by striking ‘‘September 30, 2003’’ and insert-
ing ‘‘September 30, 2007’’. 
SEC. 104. ADDITIONAL REAUTHORIZATIONS. 
(a) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT 
PROGRAM.—Section 47124(b)(3)(E) is amended by strik-
ing 
‘‘$6,000,000 
per 
fiscal 
year’’ 
and 
inserting 
‘‘$6,500,000 for fiscal year 2004, $7,000,000 for fiscal 
year 2005, $7,500,000 for fiscal year 2006, and 
$8,000,000 for fiscal year 2007’’. 
(b) SMALL
COMMUNITY
AIR
SERVICE.—Section 
41743(e)(2) is amended—
(1) by striking ‘‘and’’ the first place it appears 
and inserting a comma; and 
(2) by inserting after ‘‘2003’’ the following ‘‘, 
and $35,000,000 for each of fiscal years 2004 
through 2008’’. 
(c) REGIONAL AIR SERVICE INCENTIVE PROGRAM.—
Section 41766 is amended by striking ‘‘2003’’ and insert-
ing ‘‘2007’’. 
(d) FUNDING FOR AVIATION PROGRAMS.—Section 
106 of the Wendell H. Ford Aviation Investment and Re-
form Act for the 21st Century (49 U.S.C. 48101 note) 
is amended by striking ‘‘2003’’ each place it appears and 
inserting ‘‘2007’’.
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(e) DESIGN-BUILD CONTRACTING.—Section 139(e) 
of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century (49 U.S.C. 47104 note) is 
amended by striking ‘‘2003’’ and inserting ‘‘2007’’. 
(f) METROPOLITAN WASHINGTON AIRPORTS AU-
THORITY.—Section 49108 is amended by striking ‘‘2004’’ 
and inserting ‘‘2007’’. 
SEC. 105. INSURANCE. 
(a) TERMINATION.—Section 44310 is amended to 
read as follows: 
‘‘§ 44310. Termination date 
‘‘Effective December 31, 2007, the authority of the 
Secretary of Transportation to provide insurance and rein-
surance under this chapter shall be limited to—
‘‘(1) the operation of an aircraft by an air car-
rier or foreign air carrier in foreign air commerce or 
between at least 2 points, all of which are outside 
the United States; and 
‘‘(2) insurance obtained by a department, agen-
cy, or instrumentality of the United States under 
section 44305.’’. 
(b) EXTENSION OF POLICIES.—Section 44302(f)(1) 
is amended by striking ‘‘through December 31, 2004,’’ 
and inserting ‘‘thereafter’’.
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(c) AIRCRAFT
MANUFACTURER
LIABILITY
FOR 
THIRD PARTY CLAIMS ARISING OUT OF ACTS OF TER-
RORISM.—Section 44303(b) is amended by adding at the 
end the following: ‘‘The Secretary may extend the provi-
sions of this subsection to the United States manufacturer 
(as defined in section 44310) of the aircraft of the air 
carrier involved.’’. 
(d) VENDORS, AGENTS, SUBCONTRACTORS, AND 
MANUFACTURERS.—
(1) IN GENERAL.—Chapter 443 is amended—
(A) by redesignating section 44310 (as 
amended by subsection (a) of this section) as 
section 44311; and 
(B) by inserting after section 44309 the 
following: 
‘‘§ 44310. Vendors, agents, subcontractors, and manu-
facturers 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may extend the application of any provision of this chapter 
to a loss by a vendor, agent, and subcontractor of an air 
carrier and a United States manufacturer of an aircraft 
used by an air carrier but only to the extent that the loss 
involved an aircraft of an air carrier. 
‘‘(b) UNITED STATES MANUFACTURER DEFINED.—
In this section, the term ‘United States manufacturer’
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means a manufacturer incorporated under the laws of a 
State of the United States and having its principal place 
of business in the United States.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 443 is amended by striking the item re-
lating to section 44310 and inserting the following:
‘‘44310. Vendors, agents, subcontractors, and manufacturers. 
‘‘44311. Termination date.’’.
(e) TECHNICAL CORRECTIONS.—Effective November 
19, 2001, section 124(b) of the Aviation and Transpor-
tation Security Act (115 Stat. 631) is amended by striking 
‘‘to carry out foreign policy’’ and inserting ‘‘to carry out 
the foreign policy’’. 
SEC. 106. PILOT PROGRAM FOR INNOVATIVE FINANCING 
FOR TERMINAL AUTOMATION REPLACEMENT 
SYSTEMS. 
(a) IN GENERAL.—In order to test the cost-effective-
ness and feasibility of long-term financing of moderniza-
tion of major air traffic control systems, the Administrator 
of the Federal Aviation Administration may establish a 
pilot program to test innovative financing techniques 
through amending a contract, subject to section 1341 of 
title 31, United States Code, of more than one, but not 
more than 20, fiscal years to purchase and install terminal 
automation replacement systems for the Administration.
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Such amendments may be for more than one, but not 
more than 10 fiscal years. 
(b) CANCELLATION.—A contract described in sub-
section (a) may include a cancellation provision if the Ad-
ministrator determines that such a provision is necessary 
and in the best interest of the United States. Any such 
provision shall include a cancellation liability schedule that 
covers reasonable and allocable costs incurred by the con-
tractor through the date of cancellation plus reasonable 
profit, if any, on those costs. Any such provision shall not 
apply if the contract is terminated by default of the con-
tractor. 
(c) CONTRACT PROVISIONS.—If feasible and prac-
ticable for the pilot program, the Administrator may make 
an advance contract provision to achieve economic-lot pur-
chases and more efficient production rates. 
(d) LIMITATION.—The Administrator may not amend 
a contract under this section until the program for the 
terminal automation replacement systems has been 
rebaselined in accordance with the acquisition manage-
ment system of the Administration. 
(e) ANNUAL REPORTS.—At the end of each fiscal 
year during the term of the pilot program, the Adminis-
trator shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
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mittee on Transportation and Infrastructure of the House 
of Representatives a report on how the Administrator has 
implemented in such fiscal year the pilot program, the 
number and types of contracts or contract amendments 
that are entered into under the program, and the pro-
gram’s cost-effectiveness. 
(f) FUNDING.—Out of amounts appropriated under 
section 48101 for fiscal year 2004, $200,000,000 shall be 
used to carry out this section. 
TITLE II—AIRPORT PROJECT 
STREAMLINING 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Airport Streamlining 
Approval Process Act of 2003’’. 
SEC. 202. 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 airports are a national priority and should 
be constructed on an expedited basis;
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(4) airport capacity enhancement projects must 
include an environmental review process that pro-
vides local citizenry an opportunity for consideration 
of and appropriate action to address environmental 
concerns; and 
(5) the Federal Aviation Administration, airport 
authorities, communities, and other Federal, State, 
and local government 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. 203. PROMOTION OF NEW RUNWAYS. 
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 
47178.’’. 
SEC. 204. AIRPORT PROJECT STREAMLINING. 
(a) IN GENERAL.—Chapter 471 is amended by in-
serting after section 47153 the following:
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‘‘SUBCHAPTER III—AIRPORT PROJECT 
STREAMLINING 
‘‘§ 47171. DOT as lead agency 
‘‘(a) AIRPORT PROJECT REVIEW PROCESS.—The 
Secretary of Transportation shall develop and implement 
a coordinated review process for airport capacity enhance-
ment projects at congested airports. 
‘‘(b) COORDINATED REVIEWS.—
‘‘(1) IN
GENERAL.—The coordinated review 
process under this section shall provide that all envi-
ronmental reviews, analyses, opinions, permits, li-
censes, and approvals that must be issued or made 
by a Federal agency or airport sponsor for an air-
port capacity enhancement project at a congested 
airport will be conducted concurrently, to the max-
imum extent practicable, and completed within a 
time period established by the Secretary, in coopera-
tion with the agencies identified under subsection (c) 
with respect to the project. 
‘‘(2) AGENCY
PARTICIPATION.—Each Federal 
agency identified under subsection (c) shall formu-
late and implement administrative, policy, and pro-
cedural mechanisms to enable the agency to ensure 
completion of environmental reviews, analyses, opin-
ions, permits, licenses, and approvals described in
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paragraph (1) in a timely and environmentally re-
sponsible manner. 
‘‘(c) IDENTIFICATION
OF JURISDICTIONAL AGEN-
CIES.—With respect to each airport capacity enhancement 
project at a congested airport, the Secretary shall identify, 
as soon as practicable, all Federal and State agencies that 
may have jurisdiction over environmental-related matters 
that may be affected by the project or may be required 
by law to conduct an environmental-related review or anal-
ysis of the project or determine whether to issue an envi-
ronmental-related permit, license, or approval for the 
project. 
‘‘(d) STATE AUTHORITY.—If a coordinated review 
process is being implemented under this section by the 
Secretary with respect to a project at an airport within 
the boundaries of a State, the State, consistent with State 
law, may choose to participate in such process and provide 
that all State agencies that have jurisdiction over environ-
mental-related matters that may be affected by the project 
or may be required by law to conduct an environmental-
related review or analysis of the project or determine 
whether to issue an environmental-related permit, license, 
or approval for the project, be subject to the process. 
‘‘(e) MEMORANDUM OF UNDERSTANDING.—The co-
ordinated review process developed under this section may
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be incorporated into a memorandum of understanding for 
a project between the Secretary and the heads of other 
Federal and State agencies identified under subsection (c) 
with respect to the project and the airport sponsor. 
‘‘(f) EFFECT OF FAILURE TO MEET DEADLINE.—
‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—
If the Secretary determines that a Federal agency, 
State agency, or airport sponsor that is participating 
in a coordinated review process under this section 
with respect to a project has not met a deadline es-
tablished under subsection (b) for the project, the 
Secretary shall notify, within 30 days of the date of 
such determination, the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives, the Committee on Commerce, Science, and 
Transportation of the Senate, the Council on Envi-
ronmental Quality, and the agency or sponsor in-
volved about the failure to meet the deadline. 
‘‘(2) AGENCY REPORT.—Not later than 30 days 
after date of receipt of a notice under paragraph (1), 
the agency or sponsor involved shall submit a report 
to the Secretary, the Committee on Transportation 
and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and the Council on Environ-
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mental Quality explaining why the agency or sponsor 
did not meet the deadline and what actions it in-
tends to take to complete or issue the required re-
view, analysis, opinion, permit, license, or approval. 
‘‘(g) PURPOSE AND NEED.—For any environmental 
review, analysis, opinion, permit, license, or approval that 
must be issued or made by a Federal or State agency that 
is participating in a coordinated review process under this 
section with respect to an airport capacity enhancement 
project at a congested airport and that requires an anal-
ysis of purpose and need for the project, the agency, not-
withstanding any other provision of law, shall be bound 
by the project purpose and need as defined by the Sec-
retary. 
‘‘(h) ALTERNATIVES ANALYSIS.—The Secretary shall 
determine the reasonable alternatives to an airport capac-
ity enhancement project at a congested airport. Any other 
Federal or State agency that is participating in a coordi-
nated review process under this section with respect to the 
project shall consider only those alternatives to the project 
that the Secretary has determined are reasonable. 
‘‘(i) SOLICITATION AND CONSIDERATION OF COM-
MENTS.—In applying subsections (g) and (h), the Sec-
retary shall solicit and consider comments from interested 
persons and governmental entities.
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‘‘(j) MONITORING BY TASK FORCE.—The Transpor-
tation Infrastructure Streamlining Task Force, estab-
lished by Executive Order 13274 (67 Fed. Reg. 59449; 
relating to environmental stewardship and transportation 
infrastructure project reviews), may monitor airport 
projects that are subject to the coordinated review process 
under this section. 
‘‘§ 47172. Categorical exclusions 
‘‘Not later than 120 days after the date of enactment 
of this section, the Secretary of Transportation shall de-
velop and publish a list of categorical exclusions from the 
requirement that an environmental assessment or an envi-
ronmental impact statement be prepared under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for projects at airports. 
‘‘§ 47173. Access restrictions to ease construction 
‘‘At the request of an airport sponsor for a congested 
airport, the Secretary of Transportation may approve a 
restriction on use of a runway to be constructed at the 
airport to minimize potentially significant adverse noise 
impacts from the runway only if the Secretary determines 
that imposition of the restriction—
‘‘(1) is necessary to mitigate those impacts and 
expedite construction of the runway;
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‘‘(2) is the most appropriate and a cost-effective 
measure to mitigate those impacts, taking into con-
sideration any environmental tradeoffs associated 
with the restriction; and 
‘‘(3) would not adversely affect service to small 
communities, adversely affect safety or efficiency of 
the national airspace system, unjustly discriminate 
against any class of user of the airport, or impose 
an undue burden on interstate or foreign commerce. 
‘‘§ 47174. Airport revenue to pay for mitigation 
‘‘(a) 
IN
GENERAL.—Notwithstanding 
section 
47107(b), section 47133, or any other provision of this 
title, the Secretary of Transportation may allow an airport 
sponsor carrying out an airport capacity enhancement 
project at a congested airport to make payments, out of 
revenues generated at the airport (including local taxes on 
aviation fuel), for measures to mitigate the environmental 
impacts of the project if the Secretary finds that—
‘‘(1) the mitigation measures are included as 
part of, or support, the preferred alternative for the 
project in the documentation prepared pursuant to 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
‘‘(2) the use of such revenues will provide a sig-
nificant incentive for, or remove an impediment to,
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approval of the project by a State or local govern-
ment; and 
‘‘(3) the cost of the mitigation measures is rea-
sonable in relation to the mitigation that will be 
achieved. 
‘‘(b) MITIGATION OF AIRCRAFT NOISE.—Mitigation 
measures described in subsection (a) may include the insu-
lation of residential buildings and buildings used primarily 
for educational or medical purposes to mitigate the effects 
of aircraft noise and the improvement of such buildings 
as required for the insulation of the buildings under local 
building codes. 
‘‘§ 47175. Airport funding of FAA staff 
‘‘(a) 
ACCEPTANCE
OF
SPONSOR-PROVIDED 
FUNDS.—Notwithstanding any other provision of law, the 
Administrator of the Federal Aviation Administration may 
accept funds from an airport sponsor, including funds pro-
vided to the sponsor under section 47114(c), to hire addi-
tional staff or obtain the services of consultants in order 
to facilitate the timely processing, review, and completion 
of environmental activities associated with an airport de-
velopment project. 
‘‘(b) ADMINISTRATIVE PROVISION.—Instead of pay-
ment from an airport sponsor from funds apportioned to 
the sponsor under section 47114, the Administrator, with
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agreement of the sponsor, may transfer funds that would 
otherwise be apportioned to the sponsor under section 
47114 to the account used by the Administrator for activi-
ties described in subsection (a). 
‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, any 
funds accepted under this section, except funds trans-
ferred pursuant to subsection (b)—
‘‘(1) shall be credited as offsetting collections to 
the account that finances the activities and services 
for which the funds are accepted; 
‘‘(2) shall be available for expenditure only to 
pay the costs of activities and services for which the 
funds are accepted; and 
‘‘(3) shall remain available until expended. 
‘‘(d) MAINTENANCE OF EFFORT.—No funds may be 
accepted pursuant to subsection (a), or transferred pursu-
ant to subsection (b), in any fiscal year in which the Fed-
eral Aviation Administration does not allocate at least the 
amount it expended in fiscal year 2002, excluding 
amounts accepted pursuant to section 337 of the Depart-
ment of Transportation and Related Agencies Appropria-
tions Act, 2002 (115 Stat. 862), for the activities de-
scribed in subsection (a).
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‘‘§ 47176. Authorization of appropriations 
‘‘In addition to the amounts authorized to be appro-
priated under section 106(k), there is authorized to be ap-
propriated to the Secretary of Transportation, out of the 
Airport and Airway Trust Fund established under section 
9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502), $4,200,000 for fiscal year 2004 and for each fiscal 
year thereafter to facilitate the timely processing, review, 
and completion of environmental activities associated with 
airport capacity enhancement projects at congested air-
ports. 
‘‘§ 47177. Designation of aviation safety and aviation 
security projects for priority environ-
mental review 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration may designate an aviation 
safety or aviation security project for priority environ-
mental review. The Administrator may not delegate this 
designation authority. 
‘‘(b) PROJECT DESIGNATION CRITERIA.—The Ad-
ministrator shall establish guidelines for the designation 
of an aviation safety or aviation security project for pri-
ority environmental review. Such guidelines shall include 
consideration of—
‘‘(1) the importance or urgency of the project;
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‘‘(2) the potential for undertaking the environ-
mental review under existing emergency procedures 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
‘‘(3) the need for cooperation and concurrent 
reviews by other Federal or State agencies; and 
‘‘(4) the prospect for undue delay if the project 
is not designated for priority review. 
‘‘(c) COORDINATED ENVIRONMENTAL REVIEWS.—
‘‘(1) TIMELINES AND HIGH PRIORITY FOR CO-
ORDINATED
ENVIRONMENTAL
REVIEWS.—The Ad-
ministrator, in consultation with the heads of af-
fected agencies, shall establish specific timelines for 
the coordinated environmental review of an aviation 
safety or aviation security project designated under 
subsection (a). Such timelines shall be consistent 
with the timelines established in existing laws and 
regulations. Each Federal agency with responsibility 
for project environmental reviews, analyses, opinions, 
permits, licenses, and approvals shall accord any 
such review a high priority and shall conduct the re-
view expeditiously and, to the maximum extent pos-
sible, concurrently with other such reviews. 
‘‘(2) AGENCY
PARTICIPATION.—Each Federal 
agency identified under subsection (c) shall formu-
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late and implement administrative, policy, and pro-
cedural mechanisms to enable the agency to ensure 
completion of environmental reviews, analyses, opin-
ions, permits, licenses, and approvals described in 
paragraph (1) in a timely and environmentally re-
sponsible manner. 
‘‘(d) STATE PARTICIPATION.—
‘‘(1) INVITATION TO PARTICIPATE.—If a pri-
ority environmental review process is being imple-
mented under this section with respect to a project 
within the boundaries of a State with applicable 
State environmental requirements and approvals, the 
Administrator shall invite the State to participate in 
the process. 
‘‘(2) STATE CHOICE.—A State invited to par-
ticipate in a priority environmental review process, 
consistent with State law, may choose to participate 
in such process and direct that all State agencies, 
which have jurisdiction by law to conduct an envi-
ronmental review or analysis of the project to deter-
mine whether to issue an environmentally related 
permit, license, or approval for the project, be sub-
ject to the process. 
‘‘(e) FAILURE TO GIVE PRIORITY REVIEW.—
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‘‘(1) NOTICE.—If the Secretary of Transpor-
tation determines that a Federal agency or a partici-
pating State is not complying with the requirements 
of this section and that such noncompliance is un-
dermining the environmental review process, the 
Secretary shall notify, within 30 days of such deter-
mination, the head of the Federal agency or, with 
respect to a State agency, the Governor of the State. 
‘‘(2) REPORT TO SECRETARY.—A Federal agen-
cy that receives a copy of a notification relating to 
that agency made by the Secretary under paragraph 
(1) shall submit, within 30 days after receiving such 
copy, a written report to the Secretary explaining 
the reasons for the situation described in the notifi-
cation and what remedial actions the agency intends 
to take. 
‘‘(3) NOTIFICATION
OF
CEQ
AND
COMMIT-
TEES.—If the Secretary determines that a Federal 
agency has not satisfactorily addressed the problems 
within a reasonable period of time following a notifi-
cation under paragraph (1), the Secretary shall no-
tify the Committee on Transportation and Infra-
structure of the House of Representatives, the Com-
mittee on Commerce, Science and Transportation of
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the Senate, and the Council on Environmental Qual-
ity. 
‘‘(f) PROCEDURAL PROVISIONS.—The procedures set 
forth in subsections (c), (e), (g), (h), and (i) of section 
47171 shall apply with respect to an aviation safety or 
aviation security project under this section in the same 
manner and to the same extent as such procedures apply 
to an airport capacity enhancement project at a congested 
airport under section 47171. 
‘‘(g) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AVIATION
SAFETY
PROJECT.—The term 
‘aviation safety project’ means an aviation project 
that—
‘‘(A) has as its primary purpose reducing 
the risk of injury to persons or damage to air-
craft and property, as determined by the Ad-
ministrator; and 
‘‘(B)(i) is needed to respond to a rec-
ommendation from the National Transportation 
Safety Board; or 
‘‘(ii) is necessary for an airport to comply 
with part 139 of title 14, Code of Federal Reg-
ulations (relating to airport certification).
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‘‘(2) AVIATION SECURITY PROJECT.—The term 
‘aviation security project’ means a security project 
at an airport required by the Department of Home-
land Security. 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means a department or agency of the United 
States Government. 
‘‘§ 47178. Definitions 
‘‘In this subchapter, the following definitions apply: 
‘‘(1) AIRPORT
SPONSOR.—The term ‘airport 
sponsor’ has the meaning given the term ‘sponsor’ 
under section 47102. 
‘‘(2) CONGESTED
AIRPORT.—The term ‘con-
gested airport’ means an airport that accounted for 
at least 1 percent of all delayed aircraft operations 
in the United States in the most recent year for 
which such data is available and an airport listed in 
table 1 of the Federal Aviation Administration’s Air-
port Capacity Benchmark Report 2001. 
‘‘(3) 
AIRPORT
CAPACITY
ENHANCEMENT 
PROJECT.—The term ‘airport capacity enhancement 
project’ means—
‘‘(A) a project for construction or exten-
sion of a runway, including any land acquisi-
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tion, taxiway, or safety area associated with the 
runway or runway extension; and 
‘‘(B) such other airport development 
projects as the Secretary may designate as fa-
cilitating a reduction in air traffic congestion 
and delays.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 471 of such title is amended by adding at the end 
the following:
‘‘SUBCHAPTER III—AIRPORT PROJECT STREAMLINING 
‘‘47171. DOT as lead agency. 
‘‘47172. Categorical exclusions. 
‘‘47173. Access restrictions to ease construction. 
‘‘47174. Airport revenue to pay for mitigation. 
‘‘47175. Airport funding of FAA staff. 
‘‘47176. Authorization of appropriations. 
‘‘47177. Designation of aviation safety and aviation security projects for priority 
environmental review. 
‘‘47178. Definitions.’’.
SEC. 205. GOVERNOR’S CERTIFICATE. 
Section 47106(c) of title 49, United States Code, is 
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and’’ after the semicolon 
at the end of subparagraph (A)(ii); 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as 
subparagraph (B); 
(2) in paragraph (2)(A) by striking ‘‘stage 2’’ 
and inserting ‘‘stage 3’’;
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(3) by striking paragraph (4); and 
(4) by redesignating paragraph (5) as para-
graph (4). 
SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY 
PROJECTS. 
Section 47504(c)(2) of title 49, United States Code, 
is amended—
(1) by moving subparagraphs (C) and (D) 2 
ems to the right; 
(2) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(3) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(E) to an airport operator of a congested 
airport (as defined in section 47178) and a unit 
of local government referred to in paragraph 
(1)(B) of this subsection to carry out a project 
to mitigate noise in the area surrounding the 
airport if the project is included as a commit-
ment in a record of decision of the Federal 
Aviation Administration for an airport capacity 
enhancement project (as defined in section 
47178) even if that airport has not met the re-
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quirements of part 150 of title 14, Code of Fed-
eral Regulations.’’. 
SEC. 207. LIMITATIONS. 
Nothing in this title, including any amendment made 
by this title, shall preempt or interfere with—
(1) any practice of seeking public comment; 
(2) any power, jurisdiction, or authority that a 
State agency or an airport sponsor has with respect 
to carrying out an airport capacity enhancement 
project; and 
(3) any obligation to comply with the provisions 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4371 et seq.) and the regulations issued 
by the Council on Environmental Quality to carry 
out such Act. 
SEC. 208. RELATIONSHIP TO OTHER REQUIREMENTS. 
The coordinated review process required under the 
amendments made by this title shall apply to an airport 
capacity enhancement project at a congested airport 
whether or not the project is designated by the Secretary 
of Transportation as a high-priority transportation infra-
structure project under Executive Order 13274 (67 Fed. 
Reg. 59449; relating to environmental stewardship and 
transportation infrastructure project reviews).
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TITLE III—FEDERAL AVIATION 
REFORM 
SEC. 301. 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’’; 
(B) by inserting after ‘‘Senate’’ in sub-
paragraph (C)(i) ‘‘, except that initial appoint-
ments made after May 1, 2003, shall be made 
by the Secretary of Transportation’’; 
(C) by striking the semicolon at the end of 
subparagraph (C)(ii) and inserting ‘‘; and’’; and 
(D) by striking ‘‘employees, by—’’ in sub-
paragraph (D) and all that follows through the 
period at the end of subparagraph (E) and in-
serting ‘‘employees, by the Secretary of Trans-
portation.’’. 
SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERV-
ICES SUBCOMMITTEE. 
Section 106(p) is amended—
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(1) in paragraph (3)—
(A) by striking ‘‘(A) NO FEDERAL OFFI-
CER OR EMPLOYEE.—’’; 
(B) by striking ‘‘or (2)(E)’’ and inserting 
‘‘or to the Air Traffic Services Board’’; and 
(C) by striking subparagraphs (B) and 
(C); 
(2) in paragraph (4)(C) by inserting ‘‘or Air 
Traffic Services Board’’ after ‘‘Council’’ each place 
it appears; 
(3) in paragraph (5) by inserting ‘‘, the Air 
Traffic Services Board,’’ after ‘‘Council’’; 
(4) in paragraph (6)(C)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the 
subparagraph heading and inserting ‘‘BOARD’’; 
(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 Board’’; 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 Board 
shall be the members of the Air Traffic Services 
Subcommittee of the Council on the day before
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the date of enactment of the Flight 100—Cen-
tury of Aviation Reauthorization Act who shall 
serve as members of the Board until their re-
spective terms as members of the Subcommittee 
would have ended under this subparagraph, as 
in effect on such day.’’; 
(5) in paragraph (6)(D) by striking ‘‘under 
paragraph (2)(E)’’ and inserting ‘‘to the Board’’; 
(6) in paragraph (6)(E) by inserting ‘‘or 
Board’’ after ‘‘Council’’; 
(7) in paragraph (6)(F) by inserting ‘‘of the 
Council or Board’’ after ‘‘member’’; 
(8) in the second sentence of subparagraph 
(6)(G)—
(A) by striking ‘‘Council’’ and inserting 
‘‘Board’’; and 
(B) by striking ‘‘appointed under para-
graph (2)(E)’’; 
(9) in paragraph (6)(H)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the 
subparagraph heading and inserting ‘‘BOARD’’; 
(B) by striking ‘‘under paragraph (2)(E)’’ 
in clause (i) and inserting ‘‘to the Board’’; and 
(C) by striking ‘‘Air Traffic Services Sub-
committee’’ and inserting ‘‘Board’’;
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(10) in paragraph (6)(I)(i)—
(A) by striking ‘‘appointed under para-
graph (2)(E) is’’ and inserting ‘‘is serving as’’; 
and 
(B) by striking ‘‘Subcommittee’’ and in-
serting ‘‘Board’’; 
(11) in paragraph (6)(I)(ii)—
(A) by striking ‘‘appointed under para-
graph (2)(E)’’ and inserting ‘‘who is a member 
of the Board’’; and 
(B) by striking ‘‘Subcommittee’’ and in-
serting ‘‘Board’’; 
(12) in paragraph (6)(K) by inserting ‘‘or 
Board’’ after ‘‘Council’’; 
(13) in paragraph (6)(L) by inserting ‘‘or 
Board’’ after ‘‘Council’’ each place it appears; and 
(14) in paragraph (7)—
(A) by striking ‘‘SUBCOMMITTEE’’ in the 
paragraph heading and inserting ‘‘BOARD’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) 
ESTABLISHMENT.—The 
Adminis-
trator shall establish a board that is inde-
pendent of the Council by converting the Air 
Traffic Services Subcommittee of the Council,
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as in effect on the day before the date of enact-
ment of the Flight 100—Century of Aviation 
Reauthorization Act, into such board. The 
board shall be known as the Air Traffic Serv-
ices Board (in this subsection referred to as the 
‘Board’).’’; 
(C) by redesignating subparagraphs (B) 
through (F) as subparagraphs (D) through 
(H), respectively; 
(D) by inserting after subparagraph (A) 
the following: 
‘‘(B) 
MEMBERSHIP
AND
QUALIFICA-
TIONS.—Subject to paragraph (6)(C), the 
Board shall consist of 5 members, 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 responsi-
bility to represent the public interest; 
‘‘(ii) shall be citizens of the United 
States; and 
‘‘(iii) shall be appointed without re-
gard to political affiliation and solely on 
the basis of their professional experience
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and expertise in one or more of the fol-
lowing areas and, in the aggregate, should 
collectively bring to bear expertise in all of 
the following areas: 
‘‘(I) Management of large service 
organizations. 
‘‘(II) Customer service. 
‘‘(III) Management of large pro-
curements. 
‘‘(IV) Information and commu-
nications technology. 
‘‘(V) Organizational development. 
‘‘(VI) Labor relations. 
‘‘(C) PROHIBITIONS
ON
MEMBERS
OF 
BOARD.—No member of the Board 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 sec-
tion 208 of title 18; 
‘‘(ii) engage in another business re-
lated to aviation or aeronautics; or 
‘‘(iii) be a member of any organization 
that engages, as a substantial part of its
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activities, in activities to influence aviation-
related legislation.’’; 
(E) by striking ‘‘Subcommittee’’ each place 
it appears in subparagraphs (D) and (E) (as 
redesignated by subparagraph (C) of this para-
graph) and inserting ‘‘Board’’; 
(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 supports’’ in subparagraph (E)(v)(III) 
(as so redesignated) and inserting ‘‘base such 
budget recommendations on’’; 
(I) by striking ‘‘The Secretary shall sub-
mit’’ in subparagraph (E) (as so redesignated) 
and all that follows through the period at the 
end of such subparagraph (E) and inserting 
‘‘The Secretary shall submit the budget rec-
ommendations referred to in clause (v) to the 
President who shall transmit such recommenda-
tions to the Committee on Transportation and 
Infrastructure and the Committee on Appro-
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priations of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation and the Committee on Appro-
priations of the Senate together with the annual 
budget request of the Federal Aviation Admin-
istration.’’; 
(J) by striking subparagraph (F) (as so re-
designated) and inserting the following: 
‘‘(F) BOARD PERSONNEL MATTERS.—The 
Board may appoint and terminate any per-
sonnel that may be necessary to enable the 
Board to perform its duties, and may procure 
temporary and intermittent services under sec-
tion 40122.’’; 
(K) in subparagraph (G) (as so redesig-
nated)—
(i) by striking clause (i); 
(ii) by redesignating clauses (ii), (iii), 
and (iv) as clauses (i), (ii), and (iii), re-
spectively; and 
(iii) by striking ‘‘Subcommittee’’ each 
place it appears in clauses (i), (ii), and (iii) 
(as 
so 
redesignated) 
and 
inserting 
‘‘Board’’;
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(L) in subparagraph (H) (as so redesig-
nated)—
(i) by striking ‘‘Subcommittee’’ each 
place it appears and inserting ‘‘Board’’; 
(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 author-
ized to be appropriated to the Board such sums 
as may be necessary for the Board to carry out 
its activities.’’. 
SEC. 303. 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 Advisory Council’’ and insert-
ing ‘‘Air Traffic Services Board’’; 
(2) in paragraph (2)(B) by inserting ‘‘in’’ be-
fore ‘‘paragraph (3).’’; 
(3) in paragraph (3) by striking ‘‘Air Traffic 
Control Subcommittee of the Aviation Management
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Advisory Committee’’ and inserting ‘‘Air Traffic 
Services Board’’; 
(4) in paragraph (4) by striking ‘‘Transpor-
tation and Congress’’ and inserting ‘‘Transportation, 
the Committee on Transportation and Infrastructure 
of the House of Representatives, and the Committee 
on Commerce, Science, and Transportation of the 
Senate’’; 
(5) in paragraph (5)(A)—
(A) by striking ‘‘develop a’’ and inserting 
‘‘implement the’’; and 
(B) by striking ‘‘, including the establish-
ment of’’ and inserting ‘‘in order to further’’; 
(6) in paragraph (5)(B)—
(A) by striking ‘‘review’’ and all that fol-
lows 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-reim-
bursable contracts.’’;
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(7) in paragraph (5)(C)(i) by striking ‘‘pre-
pared by the Administrator’’; 
(8) in paragraph (5)(C)(ii) by striking ‘‘and the 
Secretary of Transportation’’ and inserting ‘‘and the 
Board’’; and 
(9) in paragraph (5)(C)(iii)—
(A) by inserting ‘‘agency’s’’ before ‘‘an-
nual’’; and 
(B) by striking ‘‘developed under subpara-
graph (A) of this subsection.’’ and inserting 
‘‘for air traffic control services.’’. 
SEC. 304. SMALL BUSINESS OMBUDSMAN. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) SMALL BUSINESS OMBUDSMAN.—
‘‘(1) ESTABLISHMENT.—There shall be in the 
Administration a Small Business Ombudsman. 
‘‘(2) GENERAL
DUTIES
AND
RESPONSIBIL-
ITIES.—The Ombudsman shall—
‘‘(A) be appointed by the Administrator; 
‘‘(B) serve as a liaison with small busi-
nesses in the aviation industry; 
‘‘(C) be consulted when the Administrator 
proposes regulations that may affect small busi-
nesses in the aviation industry;
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‘‘(D) provide assistance to small businesses 
in resolving disputes with the Administration; 
and 
‘‘(E) report directly to the Adminis-
trator.’’. 
SEC. 305. 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 ac-
tions taken by the Administrator under this section. 
TITLE IV—AIRLINE SERVICE 
IMPROVEMENTS 
SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COL-
LECTION. 
(a) IN GENERAL.—Section 329(b)(1) is amended by 
striking ‘‘except that in no case’’ and all that follows 
through the semicolon at the end.
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the issuance 
of a final rule to modernize the Origin and Destination 
Survey of Airline Passenger Traffic, pursuant to the Ad-
vance Notice of Proposed Rulemaking published July 15, 
1998 (Regulation Identifier Number 2105–AC71), that 
reduces the reporting burden for air carriers through elec-
tronic filing of the survey data collected under section 
329(b)(1) of title 49, United States Code. 
SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLV-
ING PASSENGER AND BAGGAGE SECURITY 
SCREENING. 
Section 329 is amended by adding at the end the fol-
lowing: 
‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING PAS-
SENGER AND BAGGAGE SECURITY SCREENING.—
‘‘(1) PUBLICATION OF DATA.—The Secretary of 
Transportation shall publish data on incidents and 
complaints involving passenger and baggage security 
screening in a manner comparable to other con-
sumer 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 Home-
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land Security to periodically report on the number of 
complaints about security screening received by the 
Secretary of Homeland Security.’’. 
SEC. 403. DEFINITIONS. 
(a) IN GENERAL.—Section 40102(a) is amended—
(1) by redesignating paragraphs (38) through 
(42) as paragraphs (43) through (47), respectively; 
(2) by inserting after paragraph (37) the fol-
lowing: 
‘‘(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 paragraphs (37) through (41) respectively; 
(4) by inserting after paragraph (32) the fol-
lowing: 
‘‘(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 commerce, as the Sec-
retary determines under regulations the Sec-
retary prescribes; and
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‘‘(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 purpose.’’; 
(5) by redesignating paragraph (32) as para-
graph (35); 
(6) by inserting after paragraph (31) the fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(31) ‘medium hub airport’ means a commer-
cial service airport (as defined in section 47102) 
that has at least 0.25 percent but less than 1.0 per-
cent of the passenger boardings.’’; 
(9) by redesignating paragraph (29) as para-
graph (30); and 
(10) by inserting after paragraph (28) the fol-
lowing:
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‘‘(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.—
(1) AIR SERVICE TERMINATION NOTICE.—Sec-
tion 41719(d) is amended—
(A) by striking paragraph (1); and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively. 
(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 de-
fined in section 41731(a)(3))’’. 
(4) PRESERVATION OF BASIC ESSENTIAL AIR 
SERVICE AT SINGLE CARRIER DOMINATED HUB AIR-
PORTS.—Section 41744(b) is amended by striking 
‘‘(as defined in section 41731)’’.
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(5) REGIONAL
AIR
SERVICE
INCENTIVE
PRO-
GRAM.—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. 404. CLARIFICATIONS TO PROCUREMENT AUTHORITY. 
(a) DUTIES
AND POWERS.—Section 40110(c) is 
amended—
(1) by striking ‘‘Administration—’’ and all that 
follows through ‘‘(2) may—’’ and inserting ‘‘Admin-
istration 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
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(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 acqui-
sitions of equipment, services, property, and 
materials; and 
‘‘(B) the resolution of bid protests and 
contract disputes related thereto, using consen-
sual alternative dispute resolution 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 con-
tract dispute that is not addressed or resolved 
through alternative dispute resolution shall be adju-
dicated by the Administrator through Dispute Reso-
lution 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.’’. 
(c) AUTHORITY
OF ADMINISTRATOR TO ACQUIRE 
SERVICES.—Section 106(f)(2)(A)(ii) is amended by in-
serting ‘‘, services,’’ after ‘‘property’’.
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SEC. 405. 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 the acquisition or con-
version of ground support equipment or airport-
owned vehicles used at a commercial service air-
port with, or to, low-emission technology (as de-
fined in section 47102) or cleaner burning con-
ventional fuels, or the retrofitting of such 
equipment or vehicles that are powered by a 
diesel or gasoline engine with emission control 
technologies certified or verified by the Environ-
mental Protection Agency to reduce emissions, 
if the airport is located in an air quality non-
attainment 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 
47138.’’. 
(b) MAXIMUM COST FOR CERTAIN LOW-EMISSION 
TECHNOLOGY PROJECTS.—Section 40117(b) is amended 
by adding at the end the following:
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‘‘(5) MAXIMUM COST FOR CERTAIN LOW-EMIS-
SION TECHNOLOGY PROJECTS.—The maximum cost 
that may be financed by imposition of a passenger 
facility fee under this section for a project described 
in subsection (a)(3)(G) with respect to vehicle or 
ground support equipment may not exceed the incre-
mental 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 retro-
fitting, as determined by the Secretary.’’. 
(c) GROUND SUPPORT EQUIPMENT DEFINED.—Sec-
tion 40117(a) is amended—
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) 
GROUND
SUPPORT
EQUIPMENT.—The 
term ‘ground support equipment’ means service and 
maintenance equipment used at an airport to sup-
port aeronautical operations and related activities.’’. 
SEC. 406. STREAMLINING OF THE PASSENGER FACILITY 
FEE PROGRAM. 
(a) 
APPLICATION
REQUIREMENTS.—Section 
40117(c) is amended—
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(1) by adding at the end of paragraph (2) the 
following: 
‘‘(E) The agency will include in its application 
or notice submitted under subparagraph (A) copies 
of all certifications of agreement or disagreement re-
ceived under subparagraph (D). 
‘‘(F) For the purpose of this section, an eligible 
agency providing notice and an opportunity for con-
sultation 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 car-
riers 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 pas-
senger 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 sched-
uled service at the airport.’’; 
(2) by redesignating paragraph (3) as para-
graph (4); 
(3) by inserting after paragraph (2) the fol-
lowing:
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‘‘(3) Before submitting an application, the eligible 
agency must provide reasonable notice and an opportunity 
for public comment. The Secretary shall prescribe regula-
tions 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 who may be affected, which public no-
tice may include—
‘‘(i) publication in local newspapers of gen-
eral circulation; 
‘‘(ii) publication in other local media; and 
‘‘(iii) posting the notice on the agency’s 
Web site. 
‘‘(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 no-
tice. 
‘‘(C) A requirement that the agency include in 
its application or notice submitted under subpara-
graph (A) copies of all comments received under 
subparagraph (B).’’; and
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(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 
AUTHORIZATIONS
AT
NONHUB
AIRPORTS.—Section 
40117 is amended by adding at the end the following: 
‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY FEE 
AUTHORIZATIONS AT NONHUB AIRPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish 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 provisions 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
CON-
SULTATION.—The eligible agency must provide rea-
sonable notice and an opportunity for consultation to 
air carriers and foreign air carriers in accordance 
with subsection (c)(2) and must provide reasonable 
notice and opportunity for public comment in ac-
cordance with subsection (c)(3).
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‘‘(3) NOTICE
OF
INTENTION.—The eligible 
agency must submit to the Secretary a notice of in-
tention to impose a passenger facility fee under this 
subsection. This 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 pas-
senger facility fees that is proposed to be col-
lected for each project; and 
‘‘(C) the level of the passenger facility fee 
that is proposed. 
‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND IN-
DICATION OF OBJECTION.—The Secretary shall ac-
knowledge receipt of the notice and indicate any ob-
jection to the imposition of a passenger facility fee 
under this subsection for any project identified 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 author-
ized to impose a passenger facility fee in accordance 
with the terms of its notice under this subsection.
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‘‘(6) DEADLINE.—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 subsection. 
‘‘(7) SUNSET.—This subsection shall not be in 
effect 3 years after the date of issuance of regula-
tions to carry out this subsection. 
‘‘(8) ACKNOWLEDGEMENT NOT AN ORDER.—An 
acknowledgement issued under paragraph (4) shall 
not be considered an order of the Secretary issued 
under section 46110.’’. 
(c) CLARIFICATION OF APPLICABILITY OF PFCS TO 
MILITARY CHARTERS.—Section 40117(e)(2) is amend-
ed—
(1) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon; 
(2) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(3) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and 
(4) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) enplaning at an airport if the passenger 
did not pay for the air transportation which resulted
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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’’; 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 Fed-
eral Register the current policy of the Administration with 
respect to the eligibility of airport ground access transpor-
tation projects for the use of passenger facility fees under 
section 40117 of title 49, United States Code. 
SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACIL-
ITY FEES. 
(a) IN GENERAL.—Section 40117 is further amended 
by adding at the end the following: 
‘‘(m) FINANCIAL MANAGEMENT OF FEES.—
‘‘(1) HANDLING OF FEES.—
‘‘(A) PLACEMENT OF FEES IN ESCROW AC-
COUNT.—Subject to subparagraph (B), pas-
senger facility revenue held by an air carrier or
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any of its agents shall be segregated from the 
carrier’s cash and other assets and placed in an 
escrow account for the benefit of the eligible 
agencies entitled to such revenue. 
‘‘(B) ALTERNATIVE METHOD OF COMPLI-
ANCE.—Instead of placing amounts in an es-
crow account under subparagraph (A), an air 
carrier may provide to the eligible agency a let-
ter of credit, bond, or other form of adequate 
and immediately available security in an 
amount equal to estimated remittable passenger 
facility fees for 180 days, to be assessed against 
later audit, upon which security the eligible 
agency shall be entitled to draw automatically, 
without necessity of any further legal or judicial 
action to effectuate foreclosure. 
‘‘(2) TRUST FUND STATUS.—If an air carrier or 
its agent commingles passenger facility revenue in 
violation of the subsection, the trust fund status of 
such revenue shall 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.—An air carrier and its 
agents may not grant to any third party any secu-
rity or other interest in passenger facility revenue.
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‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.—
An air carrier that fails to comply with any require-
ment of this subsection, 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 en-
tity is otherwise entitled shall be required to com-
pensate the eligible agency for the costs so incurred. 
‘‘(5) INTEREST ON AMOUNTS.—An air carrier 
that collects passenger facility fees is entitled to re-
ceive the interest on passenger facility fee accounts, 
if the accounts are established and maintained in 
compliance with this subsection.’’. 
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall take effect 60 days after the 
date of enactment of this Act. 
(2) EXISTING
REGULATIONS.—Beginning 60 
days after the date of enactment of this Act, the 
provisions of section 158.49 of title 14, Code of Fed-
eral Regulations, that permit the commingling of 
passenger facility fees with other air carrier revenue 
shall have no force or effect.
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SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANS-
PORTATION. 
(a) 
GOVERNMENT-FINANCED
AIR
TRANSPOR-
TATION.—Section 40118(f)(2) is amended by inserting be-
fore the period at the end the following: ‘‘, except that 
it shall not include a contract for the transportation by 
air of passengers’’. 
(b) AIRLIFT SERVICE.—Subsections (a)(1), (b), and 
(c) of section 41106 are each amended—
(1) by striking ‘‘through a contract for airlift 
service’’ and inserting ‘‘, or by a person that has 
contracted with the Secretary of Defense or the Sec-
retary of a military department,’’; and 
(2) by inserting ‘‘through a contract for airlift 
service’’ after ‘‘obtained’’. 
SEC. 409. OVERFLIGHTS OF NATIONAL PARKS. 
(a) AIR
TOUR
MANAGEMENT
ACT
CLARIFICA-
TIONS.—Section 40128 is amended—
(1) in subsection (a)(1) by inserting ‘‘, as de-
fined by this section,’’ after ‘‘lands’’ the first place 
it appears; 
(2) in subsections (b)(3)(A) and (b)(3)(B) by 
inserting ‘‘over a national park’’ after ‘‘operations’’; 
(3) in subsection (b)(3)(C) by inserting ‘‘over a 
national park that are also’’ after ‘‘operations’’;
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(4) in subsection (b)(3)(D) by striking ‘‘at the 
park’’ and inserting ‘‘over a national park’’; 
(5) in subsection (b)(3)(E) by inserting ‘‘over a 
national park’’ after ‘‘operations’’ the first place it 
appears; 
(6) in subsections (c)(2)(A)(i) and (c)(2)(B) by 
inserting ‘‘over a national park’’ after ‘‘operations’’; 
(7) in subsection (f)(1) by inserting ‘‘over a na-
tional park’’ after ‘‘operation’’; 
(8) in subsection (f)(4)(A)—
(A) by striking ‘‘commercial air tour oper-
ation’’ and inserting ‘‘commercial air tour oper-
ation over a national park’’; and 
(B) by striking ‘‘park, or over tribal 
lands,’’ and inserting ‘‘park (except the Grand 
Canyon National Park), or over tribal lands 
(except those within or abutting the Grand 
Canyon National Park),’’; 
(9) in subsection (f)(4)(B) by inserting ‘‘over a 
national park’’ after ‘‘operation’’; and 
(10) in the heading for paragraph (4) of sub-
section (f) by inserting ‘‘OVER A NATIONAL PARK’’ 
after ‘‘OPERATION’’. 
(b) GRAND
CANYON
NATIONAL
PARK
SPECIAL 
FLIGHT RULES AREA OPERATION CURFEW.—
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(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration may not restrict 
commercial Special Flight Rules Area operations in 
the Dragon and Zuni Point corridors of the Grand 
Canyon National Park during the period beginning 
1 hour after sunrise and ending 1 hour before sun-
set, unless required for aviation safety purposes. 
Commercial Special Flight Rules Area operations in 
the Dragon and Zuni Point corridors of the Grand 
Canyon National Park may not take place during 
the period beginning 1 hour before sunset and end-
ing 1 hour after sunrise. 
(2) EFFECT ON EXISTING REGULATIONS.—Be-
ginning on the date of enactment of this Act, section 
93.317 of title 14, Code of Federal Regulations, 
shall not be in effect. 
SEC. 410. COLLABORATIVE DECISIONMAKING PILOT PRO-
GRAM. 
(a) IN GENERAL.—Chapter 401 is amended by add-
ing 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 Aviation Administration shall establish a
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collaborative decisionmaking pilot program in accordance 
with this section. 
‘‘(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 shall issue 
guidelines concerning the pilot program. Such guide-
lines, at a minimum, shall define the criteria and 
process for determining when a capacity reduction 
event exists that warrants the use of collaborative 
decisionmaking among carriers at airports partici-
pating in the pilot program and that 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 guide-
lines. 
‘‘(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
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in their respective flight schedules in order to use air traf-
fic capacity most effectively. The Administration shall fa-
cilitate and monitor such communication. 
‘‘(e) SELECTION OF PARTICIPATING AIRPORTS.—Not 
later than 30 days after the date on which the Adminis-
trator establishes the pilot program, the Administrator 
shall select 3 airports to participate in the pilot program 
from among the most capacity-constrained airports in the 
country based on the Administration’s Airport Capacity 
Benchmark Report 2001 or more recent data on airport 
capacity that is available to the Administrator. The Ad-
ministrator shall select an airport for participation in the 
pilot program if the Administrator determines that col-
laborative decisionmaking among air carriers and foreign 
air carriers would reduce delays at the airport and have 
beneficial effects on reducing delays in the national air-
space 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 capa-
bility to participate in the pilot program. 
‘‘(g) MODIFICATION
OR TERMINATION
OF PILOT 
PROGRAM AT AN AIRPORT.—The Administrator may mod-
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ify 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 program is not being furthered by participation of 
the airport or air carrier or if the Secretary of Transpor-
tation 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) EVALUATION.—
‘‘(1) IN
GENERAL.—Before the expiration of 
the 2-year period for which the pilot program is au-
thorized under subsection (b), the Administrator 
shall determine whether the pilot program has facili-
tated more effective use of air traffic capacity and 
the Secretary shall determine whether the pilot pro-
gram has had an adverse effect on airline competi-
tion or the availability of air services to commu-
nities. 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 sys-
tem.
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‘‘(2) OBTAINING NECESSARY DATA.—The Ad-
ministrator may require participating air carriers 
and airports to provide data necessary to evaluate 
the pilot program’s impact. 
‘‘(i) EXTENSION OF PILOT PROGRAM.—At the end 
of the 2-year period for which the pilot program is author-
ized, the Administrator may continue the pilot program 
for an additional 2 years and expand participation in the 
program to up to 7 additional airports if the Adminis-
trator determines pursuant to subsection (h) that the pilot 
program has facilitated more effective use of air traffic 
capacity and if the Secretary determines that the pilot pro-
gram has had no adverse effect on airline competition or 
the availability of air services to communities. The Admin-
istrator 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 fol-
lowing:
‘‘40129. Collaborative decisionmaking pilot program.’’.
SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE IN-
FORMATION. 
(a) 
DOMESTIC
AIR
TRANSPORTATION.—Section 
41113(b) is amended—
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(1) in paragraph (16) by striking ‘‘the air car-
rier’’ the third place it appears; and 
(2) by adding at the end the following: 
‘‘(17)(A) An assurance that, in the case of an 
accident that results in significant damage to a man-
made structure or other property on the ground that 
is not government-owned, the air carrier will 
promptly provide notice, in writing, to the extent 
practicable, directly to the owner of the structure or 
other property about liability for any property dam-
age and means for obtaining compensation. 
‘‘(B) At a minimum, the written notice shall 
advise an owner (i) to contact the insurer of the 
property as the authoritative source for information 
about coverage and compensation; (ii) to not rely on 
unofficial information offered by air carrier rep-
resentatives about compensation by the air carrier 
for accident-site property damage; and (iii) to obtain 
photographic or other detailed evidence of property 
damage as soon as possible after the accident, con-
sistent with restrictions on access to the accident 
site. 
‘‘(18) An assurance that, in the case of an acci-
dent in which the National Transportation Safety 
Board conducts a public hearing or comparable pro-
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ceeding at a location greater than 80 miles from the 
accident site, the air carrier will ensure that the pro-
ceeding is made available simultaneously by elec-
tronic means at a location open to the public at both 
the origin city and destination city of the air car-
rier’s flight if that city is located in the United 
States.’’. 
(b) 
FOREIGN
AIR
TRANSPORTATION.—Section 
41313(c) is amended by adding at the end the following: 
‘‘(17) NOTICE
CONCERNING
LIABILITY
FOR 
MAN-MADE STRUCTURES.—
‘‘(A) IN GENERAL.—An assurance that, in 
the case of an accident that results in signifi-
cant damage to a man-made structure or other 
property on the ground that is not government-
owned, the foreign air carrier will promptly pro-
vide notice, in writing, to the extent practicable, 
directly to the owner of the structure or other 
property about liability for any property dam-
age and means for obtaining compensation. 
‘‘(B) MINIMUM
CONTENTS.—At a min-
imum, the written notice shall advise an owner 
(i) to contact the insurer of the property as the 
authoritative source for information about cov-
erage and compensation; (ii) to not rely on un-
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official information offered by foreign air car-
rier representatives about compensation by the 
foreign air carrier for accident-site property 
damage; and (iii) to obtain photographic or 
other detailed evidence of property damage as 
soon as possible after the accident, consistent 
with restrictions on access to the accident site. 
‘‘(18) SIMULTANEOUS
ELECTRONIC
TRANS-
MISSION OF NTSB HEARING.—An assurance that, in 
the case of an accident in which the National Trans-
portation Safety Board conducts a public hearing or 
comparable proceeding at a location greater than 80 
miles from the accident site, the foreign air carrier 
will ensure that the proceeding is made available si-
multaneously by electronic means at a location open 
to the public at both the origin city and destination 
city of the foreign air carrier’s flight if that city is 
located in the United States.’’. 
(c) UPDATE PLANS.—Air carriers and foreign air 
carriers shall update their plans under sections 41113 and 
41313 of title 49, United States Code, respectively, to re-
flect the amendments made by subsections (a) and (b) of 
this section not later than 90 days after the date of enact-
ment of this Act.
HR 2115 PCS 
SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASH-
INGTON 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 me-
dium hub or smaller airports’’. 
(c) LIMITATIONS.—
(1) 
GENERAL
EXEMPTIONS.—Section 
41718(c)(2) is amended by striking ‘‘two’’ and in-
serting ‘‘3’’. 
(2) ALLOCATION
OF
WITHIN-PERIMETER
EX-
EMPTIONS.—Section 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:
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‘‘(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.’’. 
(e) EFFECT OF PERIMETER RULES ON COMPETITION 
AND AIR SERVICE.—
(1) IDENTIFICATION
OF
OTHER
AIRPORTS.—
The Secretary of Transportation shall identify air-
ports (other than Ronald Reagan Washington Na-
tional Airport) that have imposed perimeter rules 
like those in effect with respect to Ronald Reagan 
Washington National Airport. 
(2) LIMITATION ON APPLICABILITY.—This sub-
section does not apply to perimeter rules imposed by 
Federal law. 
(3) STUDY.—The Secretary shall conduct a 
study of the effect that perimeter rules for airports 
identified under paragraph (1) have on competition 
and on air service to communities outside the perim-
eter.
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(4) REPORT.—Not later than 120 days after 
the date of enactment of this Act, the Secretary 
shall transmit to Congress a report on the results of 
the study. 
(f) COMMUTERS DEFINED.—
(1) IN GENERAL.—Section 41718 is amended 
by adding at the end the following: 
‘‘(f) COMMUTERS DEFINED.—For purposes of air-
craft operations at Ronald Reagan Washington National 
Airport under subpart K of part 93 of title 14, Code of 
Federal Regulations, the term ‘commuters’ means aircraft 
operations using aircraft having a certificated maximum 
seating capacity of 76 or less.’’. 
(2) REGULATIONS.—The Administrator of the 
Federal Aviation Administration shall revise regula-
tions to take into account the amendment made by 
paragraph (1). 
(g) REMOVAL OF CERTAIN LIMITATIONS ON METRO-
POLITAN WASHINGTON AIRPORTS AUTHORITY.—Section 
49108 and the item relating to such section in the analysis 
of chapter 491 are repealed. 
SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
amended by adding at the end the following:
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‘‘§ 41722. Notice concerning aircraft assembly 
‘‘The Secretary of Transportation shall require, be-
ginning after the last day of the 1-year period following 
the date of enactment of this section, an air carrier using 
an aircraft to provide scheduled passenger air transpor-
tation to display a notice, on an information placard avail-
able to each passenger on the aircraft, that informs the 
passengers of the nation in which the aircraft was finally 
assembled.’’. 
(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. Notice concerning aircraft assembly.’’.
SEC. 414. SPECIAL RULE TO PROMOTE AIR SERVICE TO 
SMALL COMMUNITIES. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
further amended by adding at the end the following: 
‘‘§ 41723. Special rule to promote air service to small 
communities 
‘‘In order to promote air service to small commu-
nities, the Secretary of Transportation shall permit an op-
erator of a turbine powered or multiengine piston powered 
aircraft with 10 passenger seats or less (1) to provide air 
transportation between an airport that is a nonhub airport 
and another airport or between an airport that is not a
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commercial service airport and another airport, and (2) 
to sell individual seats on that aircraft at a negotiated 
price, if the aircraft is otherwise operated in accordance 
with parts 119 and 135 of title 14, Code of Federal Regu-
lations, and the air transportation is otherwise provided 
in accordance with part 298 of such title 14.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 417 is further amended by adding at the end the 
following:
‘‘41723. Special rule to promote air service to small communities.’’.
SEC. 415. SMALL COMMUNITY AIR SERVICE. 
(a) COMPENSATION GUIDELINES, LIMITATION, AND 
CLAIMS.—
(1) PAYMENT
OF
PROMOTIONAL
AMOUNTS.—
Section 41737(a)(2) is amended by inserting before 
the period at the end ‘‘or may be paid directly to the 
unit of local government having jurisdiction over the 
eligible place served by the air carrier’’. 
(2) AUTHORITY
TO
MAKE
AGREEMENTS
AND 
INCUR OBLIGATIONS.—Section 41737(d) is amend-
ed—
(A) by striking ‘‘(1) The Secretary’’ and 
inserting the ‘‘The Secretary’’; and 
(B) by striking paragraph (2). 
(3) ADJUSTMENTS.—Section 41737 is amended 
by adding at the end the following:
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‘‘(e) ADJUSTMENTS TO ACCOUNT
FOR SIGNIFI-
CANTLY INCREASED COSTS.—
‘‘(1) IN GENERAL.—If the Secretary determines 
that air carriers are experiencing significantly in-
creased costs in providing air service or air transpor-
tation under this subchapter, the Secretary may in-
crease the rates of compensation payable under this 
subchapter without regard to any agreement or re-
quirement relating to the renegotiation of contracts 
or any notice requirement under section 41734. 
‘‘(2) SIGNIFICANTLY
INCREASED
COSTS
DE-
FINED.—In this subsection, the term ‘significantly 
increased costs’ means an average monthly cost in-
crease of 10 percent or more.’’. 
(b) AIRPORTS NOT RECEIVING SUFFICIENT SERV-
ICE.—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); 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; and 
(C) in paragraph (4) (as so redesig-
nated)—
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(i) by striking ‘‘and’’ at the end of 
subparagraph (C); 
(ii) by striking the period at the end 
of subparagraph (D) and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) the assistance can be used in the fis-
cal year in which it is received.’’; and 
(4) in subsection (f) by striking ‘‘pilot’’. 
(c) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec-
tion 41742 is amended—
(1) 
in 
subsection 
(a)(2) 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$65,000,000’’; 
(2) by adding at the end of subsection (a) the 
following: 
‘‘(3) AUTHORIZATION
FOR
ADDITIONAL
EM-
PLOYEES.—In addition to amounts authorized under 
paragraphs (1) and (2), there are authorized to be 
appropriated such sums as may be necessary for the 
Secretary of Transportation to hire and employ 4 
additional employees for the office responsible for 
carrying out the essential air service program.’’; and 
(3) by striking subsection (c).
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(d) PROCESS FOR DISCONTINUING CERTAIN SUB-
SIDIES.—Section 41734 is amended by adding at the end 
the following: 
‘‘(i) PROCESS FOR DISCONTINUING CERTAIN SUB-
SIDIES.—If the Secretary determines that no subsidy will 
be provided to a carrier to provide essential air service 
to an eligible place because the eligible place does not meet 
the requirements of section 332 of the Department of 
Transportation and Related Agencies Appropriations Act, 
2000 (49 U.S.C. 41731 note; 113 Stat. 1022) or require-
ments contained in a subsequent appropriations Act, the 
Secretary shall notify the affected community that the 
subsidy will cease but shall continue to provide the subsidy 
for 90 days after providing the notice to the community.’’. 
(e) EXEMPTION FROM HOLD-IN REQUIREMENTS.—
Section 41734 is further amended by adding at the end 
the following: 
‘‘(j) EXEMPTION FROM HOLD-IN REQUIREMENTS.—
If, after the date of enactment of this subsection, an air 
carrier commences air transportation to an eligible place 
that is not receiving essential air service as a result of 
the failure of the eligible place to meet requirements con-
tained in an appropriations Act, the air carrier shall not 
be subject to the requirements of subsections (b) and (c) 
with respect to such air transportation.’’.
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(f) JOINT PROPOSALS.—Section 41740 is amended 
by inserting ‘‘, including joint fares,’’ after ‘‘joint pro-
posals’’. 
(g) COMMUNITY
AND
REGIONAL
CHOICE
PRO-
GRAM.—
(1) IN
GENERAL.—Subchapter II of chapter 
417 is amended by adding at the end the following: 
‘‘§ 41745. Community and regional choice program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an alternate essential air service pilot 
program in accordance with the requirements of this sec-
tion. 
‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In car-
rying out the program, the Secretary, instead of paying 
compensation to an air carrier to provide essential air 
service to an eligible place, may pay compensation directly 
to a unit of local government having jurisdiction over the 
eligible place or a State within the boundaries of which 
the eligible place is located. 
‘‘(c) USE OF COMPENSATION.—A unit of local gov-
ernment or State receiving compensation for an eligible 
place under the program shall use the compensation for 
any of the following purposes: 
‘‘(1) To provide assistance to an air carrier to 
provide scheduled air service to and from the eligible
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place, without being subject to the requirements of 
41732(b). 
‘‘(2) To provide assistance to an air carrier to 
provide on-demand air taxi service to and from the 
eligible place. 
‘‘(3) To provide assistance to a person to pro-
vide scheduled or on-demand surface transportation 
to and from the eligible place and an airport in an-
other place. 
‘‘(4) In combination with other units of local 
government in the same region, to provide transpor-
tation services to and from all the eligible places in 
that region at an airport or other transportation 
center that can serve all the eligible places in that 
region. 
‘‘(5) To purchase aircraft, or a fractional share 
in aircraft, to provide transportation to and from the 
eligible place. 
‘‘(6) To pay for other transportation or related 
services that the Secretary may permit. 
‘‘(d) FRACTIONALLY OWNED AIRCRAFT.—Notwith-
standing any other provision of law, only those operating 
rules that relate to an aircraft that is fractionally owned 
apply when an aircraft described in subsection (c)(5) is
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used to provide transportation described in subsection 
(c)(5). 
‘‘(e) APPLICATIONS.—
‘‘(1) IN GENERAL.—A unit of local government 
or State seeking to participate in the program for an 
eligible place shall submit to the Secretary an appli-
cation in such form and containing such information 
as the Secretary may require. 
‘‘(2) REQUIRED
INFORMATION.—At a min-
imum, the application shall include—
‘‘(A) a statement of the amount of com-
pensation required; and 
‘‘(B) a description of how the compensa-
tion will be used. 
‘‘(f) PARTICIPATION REQUIREMENTS.—An eligible 
place for which compensation is received under the pro-
gram in a fiscal year shall not be eligible to receive in 
that fiscal year the essential air service that it would oth-
erwise be entitled to under this subchapter. 
‘‘(g) SUBSEQUENT PARTICIPATION.—A unit of local 
government participating in the program under this sec-
tion in a fiscal year shall not be prohibited from partici-
pating in the basic essential air service program under this 
chapter in a subsequent fiscal year if such unit is other-
wise eligible to participate in such program.
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‘‘(h) FUNDING.—Amounts appropriated or otherwise 
made available to carry out the essential air service pro-
gram under this subchapter shall be available to carry out 
this section.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 417 is amended by inserting after the 
item relating to section 41744 the following:
‘‘41745. Community and regional choice program.’’.
(h) MEASUREMENT
OF HIGHWAY MILEAGE
FOR 
PURPOSES OF DETERMINING ELIGIBILITY FOR ESSEN-
TIAL AIR SERVICE SUBSIDIES.—
(1) DETERMINATION
OF
ELIGIBILITY.—Sub-
chapter II of Chapter 417 of title 49, United States 
Code, (as amended by subsection (f) of this bill) is 
further amended by adding at the end the following 
new section: 
‘‘§ 41746. Distance requirement applicable to eligi-
bility for essential air service subsidies 
‘‘(a) IN GENERAL.—The Secretary shall not provide 
assistance under this subchapter with respect to a place 
in the 48 contiguous States that—
‘‘(1) is less than 70 highway miles from the 
nearest hub airport; or 
‘‘(2) requires a rate of subsidy per passenger in 
excess of $200, unless such place is greater than 
210 highway miles from the nearest hub airport.
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‘‘(b) DETERMINATION OF MILEAGE.—For purposes 
of this section, the highway mileage between a place and 
the nearest hub airport is the highway mileage of the most 
commonly used route between the place and the hub air-
port. In identifying such route, the Secretary shall—
‘‘(1) promulgate by regulation a standard for 
calculating the mileage between an eligible place and 
a hub airport; and 
‘‘(2) identify the most commonly used route for 
a community by—
‘‘(A) consulting with the Governor of a 
State or the Governor’s designee; and 
‘‘(B) considering the certification of the 
Governor of a State or the Governor’s designee 
as to the most commonly used route.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for subchapter II of chapter 417 of title 49, United 
States Code, (as amended by subsection (f) of this 
bill) is further amended by inserting after the item 
relating to section 41745 the following new item:
‘‘41746. Distance requirement applicable to eligibility for essential air serv-
ice subsidies.’’.
(i) REPEAL.—The following provisions of law are re-
pealed:
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(1) Section 332 of the Department of Trans-
portation and Related Agencies Appropriations Act, 
2000 (49 U.S.C. 41731 note). 
(2) Section 205 of the Wendell H. Ford Avia-
tion Investment and Reform Act for the 21st Cen-
tury (49 U.S.C. 41731 note). 
(3) Section 334 of the Department of Trans-
portation and Related Agencies Appropriations Act, 
1999 (section 101(g) of division A of the Omnibus 
Consolidated and Emergency Supplemental Appro-
priations Act, 1999) (Public Law 105–277; 112 
Stat. 2681–471). 
(j) SECRETARIAL REVIEW.—
(1) REQUEST FOR REVIEW.—Any community 
with respect to which the Secretary has, between 
September 30, 1993, and the date of the enactment 
of this Act, eliminated subsidies or terminated sub-
sidy eligibility under section 332 of the Department 
of Transportation and Related Agencies Appropria-
tions 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, may 
request the Secretary to review such action.
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(2) ELIGIBILITY
DETERMINATION.—Not later 
than 60 days after receiving a request under sub-
section (i), the Secretary shall—
(A) determine whether the community 
would have been subject to such elimination of 
subsidies or termination of eligibility under the 
distance requirement enacted by the amend-
ment made by subsection (g) of this bill to sub-
chapter II of chapter 417 of title 49, United 
States Code; and 
(B) issue a final order with respect to the 
eligibility of such community for essential air 
service subsidies under subchapter II of chapter 
417 of title 49, United States Code, as amend-
ed by this Act.
SEC. 416. TYPE CERTIFICATES. 
(a) AGREEMENTS TO PERMIT USE OF CERTIFICATES 
BY OTHER PERSONS.—Section 44704(a) is amended by 
adding at the end the following: 
‘‘(3) If the holder of a type certificate agrees to per-
mit another person to use the certificate to manufacture 
a new aircraft, aircraft engine, propeller, or appliance, the 
holder shall provide the other person with written evi-
dence, in a form acceptable to the Administrator, of that 
agreement. A person may manufacture a new aircraft, air-
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craft engine, propeller, or appliance based on a type cer-
tificate only if the person is the holder of the type certifi-
cate or has permission from the holder.’’. 
(b) CERTIFICATION OF PRODUCTS MANUFACTURED 
IN FOREIGN NATIONS.—Section 44704 is further amend-
ed by adding at the end the following: 
‘‘(e) CERTIFICATION OF PRODUCTS MANUFACTURED 
IN FOREIGN NATIONS.—In order to ensure safety, the Ad-
ministrator shall spend at least the same amount of time 
and perform a no-less-thorough review in certifying, or 
validating the certification of, an aircraft, aircraft engine, 
propeller, or appliance manufactured in a foreign nation 
as the regulatory authorities of that nation employ when 
the authorities certify, or validate the certification of, an 
aircraft, aircraft engine, propeller, or appliance manufac-
tured in the United States.’’. 
SEC. 417. DESIGN ORGANIZATION CERTIFICATES. 
(a) GENERAL
AUTHORITY
TO
ISSUE
CERTIFI-
CATES.—Effective on the last day of the 7-year period be-
ginning 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 enactment of this Act, the Administrator of
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the Federal Aviation Administration shall transmit 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee 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 compliance with the requirements and min-
imum standards prescribed under section 44701(a) 
of title 49, United States Code, for the type certifi-
cation of aircraft, aircraft engines, propellers, or ap-
pliances. 
(2) 
ISSUANCE
OF
CERTIFICATES.—Section 
44704 is further amended by adding at the end the 
following: 
‘‘(f) DESIGN ORGANIZATION CERTIFICATES.—
‘‘(1) ISSUANCE.—Beginning 7 years after the 
date of enactment of this subsection, the Adminis-
trator may issue a design organization certificate to 
a design organization to authorize the organization 
to certify compliance with the requirements and min-
imum standards prescribed under section 44701(a) 
for the type certification of aircraft, aircraft engines, 
propellers, or appliances. 
‘‘(2) APPLICATIONS.—On receiving an applica-
tion for a design organization certificate, the Admin-
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istrator shall examine and rate the design organiza-
tion submitting the application, in accordance with 
regulations to be prescribed by the Administrator, to 
determine whether the design organization has ade-
quate engineering, design, and testing capabilities, 
standards, and safeguards to ensure that the prod-
uct being certificated is properly designed and man-
ufactured, performs properly, and meets the regula-
tions and minimum standards prescribed under sec-
tion 44701(a). 
‘‘(3) ISSUANCE OF TYPE CERTIFICATES BASED 
ON DESIGN ORGANIZATION CERTIFICATION.—On re-
ceiving an application for a type certificate under 
subsection (a) that is accompanied by a certification 
of compliance by a design organization certificated 
under this subsection, instead of conducting an inde-
pendent investigation under subsection (a), the Ad-
ministrator may issue the type certificate based on 
the certification of compliance. 
‘‘(4) PUBLIC SAFETY.—The Administrator shall 
include in a design organization certificate issued 
under this subsection terms required in the interest 
of safety.’’.
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(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 orga-
nization 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, 
airworthiness certificates, and design or-
ganization 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 
design organization certificates.’’.
SEC. 
418. 
COUNTERFEIT 
OR 
FRAUDULENTLY 
REP-
RESENTED PARTS VIOLATIONS. 
Section 44726(a)(1) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by redesignating subparagraph (B) as sub-
paragraph (C);
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(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) whose certificate is revoked under 
subsection (b); or’’; and 
(4) in subparagraph (C) (as redesignated by 
paragraph (2) of this section) by striking ‘‘convicted 
of such a violation.’’ and inserting ‘‘described in sub-
paragraph (A) or (B).’’. 
SEC. 419. RUNWAY SAFETY STANDARDS. 
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following: 
‘‘§ 44727. Runway safety areas 
‘‘An airport owner or operator shall not be required 
to reduce the length of a runway or declare the length 
of a runway to be less than the actual pavement length 
in order to meet standards of the Federal Aviation Admin-
istration applicable to runway safety areas.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 447 is amended by adding at the end the fol-
lowing:
‘‘44727. Runway safety areas.’’.
SEC. 420. AVAILABILITY OF MAINTENANCE INFORMATION. 
(a) IN GENERAL.—Chapter 447 is further amended 
by adding at the end the following:
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‘‘§ 44728. Availability of maintenance information 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall continue in effect the 
requirement of section 21.50(b) of title 14, Code of Fed-
eral Regulations, that the holder of a design approval—
‘‘(1) shall prepare and furnish at least one set 
of complete instructions for continued airworthiness 
as prescribed in such section to the owner of each 
type of aircraft, aircraft engine, or propeller upon its 
delivery or upon the issuance of the first standard 
airworthiness certificate for the affected aircraft, 
whichever occurs later; and 
‘‘(2) thereafter shall make the instructions, and 
any changes thereto, available to any other person 
required by parts 1 through 199 of title 14, Code of 
Federal Regulations, to comply with any of the 
terms of the instructions. 
‘‘(b) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) MAKE AVAILABLE.—The term ‘make avail-
able’ means providing at a fair and reasonable price. 
Such price may include recurring and non-recurring 
costs associated with post-certification development, 
preparation, and distribution. Such price may not 
include the initial product development costs related 
to the issuance of a design approval.
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‘‘(2) DESIGN APPROVAL.—The term ‘design ap-
proval’ means a type certificate, supplemental type 
certificate, amended type certificate, parts manufac-
turer approval, technical standard order authoriza-
tion, and any other action as determined by the Ad-
ministrator pursuant to subsection (c)(2). 
‘‘(3) INSTRUCTIONS
FOR
CONTINUED
AIR-
WORTHINESS.—The term ‘instructions for continued 
airworthiness’ means any information (and any 
changes to such information) considered essential to 
continued airworthiness that sets forth instructions 
and requirements for performing maintenance and 
alteration. 
‘‘(c) RULEMAKING.—The Administrator shall con-
duct a rulemaking proceeding for the following purposes: 
‘‘(1) To determine the meaning of the phrase 
‘essential to continued airworthiness’ of the applica-
ble aircraft, aircraft engine, and propeller as that 
term is used in parts 23 through 35 of title 14, 
Code of Federal Regulations. 
‘‘(2) To determine if a design approval should 
include, in addition to those approvals specified in 
subsection (b)(2), any other activity in which per-
sons are required to have technical data approved by 
the Administrator.
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‘‘(3) To determine if design approval holders 
for aircraft, aircraft engines, and propellers that are 
in production on the date of enactment of this sec-
tion and for which application for a type certificate 
or supplemental type certificate was made before 
January 29, 1981, should be required to make in-
structions for continued airworthiness or mainte-
nance manuals available (including any changes 
thereto) to any person required by Federal Aviation 
Administration rules to comply with any of the 
terms of the instructions or manuals. 
‘‘(4) To revise its rules to reflect the changes 
made by this section. 
‘‘(d) DEADLINES FOR RULEMAKING.—
‘‘(1) NOTICE
OF
PROPOSED
RULEMAKING.—
The Administrator shall issue a notice of proposed 
rulemaking to carry out subsection (c) not later than 
one year after the date of enactment of this section. 
‘‘(2) FINAL
RULE.—The Administrator shall 
issue a final rule with respect to subsection (c) not 
later than one year after the final date for the sub-
mission of comments with respect to the proposed 
rulemaking. 
‘‘(e) ENFORCEMENT OF CURRENT REGULATION.—
The Administrator shall review design approval holders
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that were required to produce instructions for continued 
airworthiness under section 21.50(b) of title 14, Code of 
Federal Regulations. If the Administrator determines that 
a design approval holder has not produced such instruc-
tions, the Administrator shall require the design approval 
holder to prepare such instructions and make them avail-
able as required by this section not later than 1 year after 
the design approval holder is notified by the Administrator 
of the determination. 
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing is this section shall be construed as requiring the 
holder of a design approval to make available proprietary 
information unless it is deemed essential to continued air-
worthiness.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 447 is further amended by adding at the end the 
following:
‘‘44728. Availability of maintenance information.’’.
SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO A SECU-
RITY THREAT. 
(a) IN GENERAL.—Chapter 461 is amended by add-
ing at the end the following: 
‘‘§ 46111. Certificate actions in response to a security 
threat 
‘‘(a) ORDERS.—The Administrator of Federal Avia-
tion Administration shall issue an order amending, modi-
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fying, suspending, or revoking any part of a certificate 
issued under this title if the Administrator is notified by 
the Under Secretary for Border and Transportation Secu-
rity of the Department of Homeland Security that the 
holder of the certificate poses, or is suspected of posing, 
a risk of air piracy or terrorism or a threat to airline or 
passenger safety. If requested by the Under Secretary, the 
order shall be effective immediately. 
‘‘(b) HEARINGS FOR CITIZENS.—An individual who 
is a citizen of the United States who is adversely affected 
by an order of the Administrator under subsection (a) is 
entitled to a hearing on the record. 
‘‘(c) HEARINGS.—When conducting a hearing under 
this section, the administrative law judge shall not be 
bound by findings of fact or interpretations of laws and 
regulations of the Administrator or the Under Secretary. 
‘‘(d) APPEALS.—An appeal from a decision of an ad-
ministrative law judge as the result of a hearing under 
subsection (b) shall be made to the Transportation Secu-
rity Oversight Board established by section 115. The 
Board shall establish a panel to review the decision. The 
members of this panel (1) shall not be employees of the 
Transportation Security Administration, (2) shall have the 
level of security clearance needed to review the determina-
tion made under this section, and (3) shall be given access
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to all relevant documents that support that determination. 
The panel may affirm, modify, or reverse the decision. 
‘‘(e) REVIEW.—A person substantially affected by an 
action of a panel under subsection (d), or the Under Sec-
retary when the Under Secretary decides that the action 
of the panel under this section will have a significant ad-
verse impact on carrying out this part, may obtain review 
of the order under section 46110. The Under Secretary 
and the Administrator shall be made a party to the review 
proceedings. Findings of fact of the panel are conclusive 
if supported by substantial evidence. 
‘‘(f) EXPLANATION OF DECISIONS.—An individual 
who commences an appeal under this section shall receive 
a written explanation of the basis for the determination 
or decision and all relevant documents that support that 
determination to the maximum extent that the national 
security interests of the United States and other applica-
ble laws permit. 
‘‘(g) CLASSIFIED EVIDENCE.—
‘‘(1) IN GENERAL.—The Under Secretary, in 
consultation with the Administrator, shall issue reg-
ulations to establish procedures by which the Under 
Secretary, as part of a hearing conducting under 
this section, may substitute an unclassified summary
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of classified evidence upon the approval of the ad-
ministrative law judge. 
‘‘(2) APPROVAL
AND
DISAPPROVAL
OF
SUM-
MARIES.—Under the procedures, an administrative 
law judge shall—
‘‘(A) approve a summary if the judge finds 
that it is sufficient to enable the certificate 
holder to appeal an order issued under sub-
section (a); or 
‘‘(B) disapprove a summary if the judge 
finds that it is not sufficient to enable the cer-
tificate holder to appeal such an order. 
‘‘(3) MODIFICATIONS.—If an administrative law 
judge disapproves a summary under paragraph 
(2)(B), the judge shall direct the Under Secretary to 
modify the summary and resubmit the summary for 
approval. 
‘‘(4) INSUFFICIENT MODIFICATIONS.—If an ad-
ministrative law judge is unable to approve a modi-
fied summary, the order issued under subsection (a) 
that is the subject of the hearing shall be set aside 
unless the judge finds that such a result—
‘‘(A) would likely cause serious and irrep-
arable harm to the national security; or
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‘‘(B) would likely cause death or serious 
bodily injury to any person. 
‘‘(5) SPECIAL PROCEDURES.—If an administra-
tive law judge makes a finding under subparagraph 
(A) or (B) of paragraph (4), the hearing shall pro-
ceed without an unclassified summary provided to 
the certificate holder. In such a case, subject to pro-
cedures established by regulation by the Under Sec-
retary in consultation with the Administrator, the 
administrative law judge shall appoint a special at-
torney to assist the accused by—
‘‘(A) reviewing in camera the classified evi-
dence; and 
‘‘(B) challenging, through an in camera 
proceeding, the veracity of the evidence con-
tained in the classified information.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 461 is amended by adding at the end the fol-
lowing:
‘‘46111. Certificate actions in response to a security threat.’’.
(c) REVIEW.—The first sentence of section 46110(a) 
is amended by striking ‘‘part’’ and inserting ‘‘subtitle’’. 
SEC. 422. FLIGHT ATTENDANT CERTIFICATION. 
(a) IN GENERAL.—Chapter 447 is further amended 
by adding at the end the following:
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‘‘§ 44729. Flight attendant certification 
‘‘(a) CERTIFICATE REQUIRED.—
‘‘(1) IN GENERAL.—No person may serve as a 
flight attendant aboard an aircraft of an air carrier 
unless that person holds a certificate of dem-
onstrated proficiency from the Administrator of the 
Federal Aviation Administration. Upon the request 
of the Administrator or an authorized representative 
of the National Transportation Safety Board or an-
other Federal agency, a person who holds such a 
certificate shall present the certificate for inspection 
within a reasonable period of time after the date of 
the request. 
‘‘(2) SPECIAL RULE FOR CURRENT FLIGHT AT-
TENDANTS.—An individual serving as a flight at-
tendant on the effective date of this section may 
continue to serve aboard an aircraft as a flight at-
tendant until completion by that individual of the re-
quired recurrent or requalification training and sub-
sequent certification under this section. 
‘‘(3) TREATMENT
OF
FLIGHT
ATTENDANT 
AFTER NOTIFICATION.—On the date that the Ad-
ministrator is notified by an air carrier that an indi-
vidual has the demonstrated proficiency to be a 
flight attendant, the individual shall be treated for
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purposes of this section as holding a certificate 
issued under the section. 
‘‘(b) ISSUANCE
OF CERTIFICATE.—The Adminis-
trator shall issue a certificate of demonstrated proficiency 
under this section to an individual after the Administrator 
is notified by the air carrier that the individual has suc-
cessfully completed all the training requirements for flight 
attendants approved by the Administrator. 
‘‘(c) DESIGNATION OF PERSON TO DETERMINE SUC-
CESSFUL COMPLETION
OF TRAINING.—In accordance 
with part 183 of chapter 14, Code of Federal Regulation, 
the director of operations of an air carrier is designated 
to determine that an individual has successfully completed 
the training requirements approved by the Administrator 
for such individual to serve as a flight attendant. 
‘‘(d) 
SPECIFICATIONS
RELATING
TO
CERTIFI-
CATES.—Each certificate issued under this section shall—
‘‘(1) be numbered and recorded by the Adminis-
trator; 
‘‘(2) contain the name, address, and description 
of the individual to whom the certificate is issued; 
‘‘(3) contain the name of the employer that em-
ploys or will employ the certificate holder on the 
date that the certificate is issued;
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‘‘(4) is similar in size and appearance to certifi-
cates issued to airmen; 
‘‘(5) contain the airplane group for which the 
certificate is issued; and 
‘‘(6) be issued not later than 30 days after the 
Administrator receives notification from the air car-
rier of demonstrated proficiency and, in the case of 
an individual serving as flight attendant on the ef-
fective date of this section, not later than 1 year 
after such effective date. 
‘‘(e) APPROVAL OF TRAINING PROGRAMS.—Air car-
rier flight attendant training programs shall be subject to 
approval by the Administrator. All flight attendant train-
ing programs approved by the Administrator in the 1-year 
period ending on the date of enactment of this section 
shall be treated as providing a demonstrated proficiency 
for purposes of meeting the certification requirements of 
this section. 
‘‘(f) FLIGHT ATTENDANT DEFINED.—In this section, 
the term ‘flight attendant’ means an individual working 
as a flight attendant in the cabin of an aircraft that has 
20 or more seats and is being used by an air carrier to 
provide air transportation.’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 447 is further amended by adding at the end the 
following:
‘‘44729. Flight attendant certification.’’.
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the 365th day 
following the date of enactment of this Act. 
SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT 
WITHOUT PROVIDING SUFFICIENT NOTICE. 
(a) IN GENERAL.—Chapter 463 is amended by add-
ing at the end the following: 
‘‘§ 46319. Closure of an airport without providing suf-
ficient notice 
‘‘(a) PROHIBITION.—A public agency (as defined in 
section 47102) may not close an airport listed in the na-
tional plan of integrated airport systems under section 
47103 without providing written notice to the Adminis-
trator of the Federal Aviation Administration 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 sub-
section (a) shall be liable for a civil penalty of $10,000 
for each day that the airport remains closed without hav-
ing given the notice required by this section.’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 463 is amended by adding at the end the fol-
lowing:
‘‘46319. Closure of an airport without providing sufficient notice.’’.
SEC. 424. NOISE EXPOSURE MAPS. 
Section 47503 is amended—
(1) in subsection (a) by striking ‘‘1985,’’ and 
inserting ‘‘a forecast period that is at least 5 years 
in the future’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) REVISED MAPS.—If, in an area surrounding an 
airport, a change in the operation of the airport would 
establish a substantial new noncompatible use, or would 
significantly reduce noise over existing noncompatible 
uses, that is not reflected in either the existing conditions 
map or forecast map currently on file with the Federal 
Aviation Administration, the airport operator shall submit 
a revised noise exposure map to the Secretary showing the 
new noncompatible use or noise reduction.’’. 
SEC. 425. AMENDMENT OF GENERAL FEE SCHEDULE PRO-
VISION. 
The amendment made by section 119(d) of the Avia-
tion and Transportation Security Act (115 Stat. 629) 
shall not be affected by the savings provisions contained 
in section 141 of that Act (115 Stat. 643).
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SEC. 426. IMPROVEMENT OF CURRICULUM STANDARDS 
FOR AVIATION MAINTENANCE TECHNICIANS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall ensure that the training 
standards for airframe and powerplant mechanics under 
part 65 of title 14, Code of Federal Regulations, are up-
dated and revised in accordance with this section. The Ad-
ministrator may update and revise the training standards 
through the initiation of a formal rulemaking or by issuing 
an advisory circular or other agency guidance. 
(b) ELEMENTS FOR CONSIDERATION.—The updated 
and revised standards required under subsection (a) shall 
include those curriculum adjustments that are necessary 
to more accurately reflect current technology and mainte-
nance practices. 
(c) MINIMUM TRAINING HOURS.—In making adjust-
ments to the maintenance curriculum requirements pursu-
ant to this section, the current requirement of 1900 min-
imum training hours shall be maintained. 
(d) CERTIFICATION.—Any adjustment or modifica-
tion of current curriculum standards made pursuant to 
this section shall be reflected in the certification examina-
tions of airframe and powerplant mechanics. 
(e) COMPLETION.—The revised and updated training 
standards required by subsection (a) shall be completed
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not later than 12 months after the date of enactment of 
this Act. 
(f) PERIODIC REVIEWS AND UPDATES.—The Admin-
istrator shall review the content of the curriculum stand-
ards for training airframe and powerplant mechanics re-
ferred to in subsection (a) every 3 years after completion 
of the revised and updated training standards required 
under subsection (a) as necessary to reflect current tech-
nology and maintenance practices. 
SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPOR-
TATION SYSTEM. 
(a) IN GENERAL.—The President shall establish a 
task force to work with the Next Generation Air Transpor-
tation System Joint Program Office authorized under sec-
tion 106(k)(3). 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives, appointed by the President, from air 
carriers, general aviation, pilots, and air traffic controllers 
and the following government organizations: 
(1) The Federal Aviation Administration. 
(2) The National Aeronautics and Space Ad-
ministration. 
(3) The Department of Defense. 
(4) The Department of Homeland Security.
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(5) The National Oceanic and Atmospheric Ad-
ministration. 
(6) Other government organizations designated 
by the President. 
(c) FUNCTION.—The function of the task force shall 
be to develop an integrated plan to transform the Nation’s 
air traffic control system and air transportation system 
to meet its future needs. 
(d) PLAN.—Not later than 1 year after the date of 
establishment of the task force, the task force shall trans-
mit to the President and Congress a plan outlining the 
overall strategy, schedule, and resources needed to develop 
and deploy the Nation’s next generation air traffic control 
system and air transportation system. 
SEC. 428. AIR QUALITY IN AIRCRAFT CABINS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall undertake the studies and 
analysis called for in the report of the National Research 
Council entitled ‘‘The Airliner Cabin Environment and the 
Health of Passengers and Crew’’. 
(b) REQUIRED ACTIVITIES.—In carrying out this sec-
tion, the Administrator, at a minimum, shall—
(1) conduct surveillance to monitor ozone in the 
cabin on a representative number of flights and air-
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craft to determine compliance with existing Federal 
Aviation Regulations for ozone; 
(2) collect pesticide exposure data to determine 
exposures of passengers and crew; and 
(3) analyze samples of residue from aircraft 
ventilation ducts and filters after air quality inci-
dents to identify the allergens, diseases, and other 
contaminants to which passengers and crew were ex-
posed. 
(c) REPORT.—Not later than 30 months after the 
date of enactment of this Act, the Administrator shall 
transmit to Congress a report on the findings of the Ad-
ministrator under this section. 
SEC. 
429. 
RECOMMENDATIONS 
CONCERNING 
TRAVEL 
AGENTS. 
(a) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary of Transportation 
shall transmit to Congress a report on any actions that 
should be taken with respect to recommendations made 
by the National Commission to Ensure Consumer Infor-
mation and Choice in the Airline Industry on—
(1) the travel agent arbiter program; and 
(2) the special box on tickets for agents to in-
clude their service fee charges.
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(b) CONSULTATION.—In preparing this report, the 
Secretary shall consult with representatives from the air-
line and travel agent industry. 
SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLI-
CATIONS OF TECHNOLOGY FOR MILITARY 
AIRCRAFT TO CIVILIAN AIRCRAFT. 
(a) IN GENERAL.—The President shall establish a 
task force to look for better methods for ensuring that 
technology developed for military aircraft is more quickly 
and easily transferred to applications for improving and 
modernizing the fleet of civilian aircraft. 
(b) MEMBERSHIP.—The task force shall be composed 
of the Secretary of Transportation who shall be the chair 
of the task force and representatives, appointed by the 
President, from the following: 
(1) The Department of Transportation. 
(2) The Federal Aviation Administration. 
(3) The Department of Defense. 
(4) The National Aeronautics and Space Ad-
ministration. 
(5) The aircraft manufacturing industry. 
(6) Such other organizations as the President 
may designate. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the task force shall report to
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Congress on the methods looked at by the task force for 
ensuring the transfer of applications described in sub-
section (a). 
SEC. 431. REIMBURSEMENT FOR LOSSES INCURRED BY 
GENERAL AVIATION ENTITIES. 
(a) IN GENERAL.—The Secretary of Transportation 
may make grants to reimburse the following general avia-
tion entities for the security costs incurred and revenue 
foregone as a result of the restrictions imposed by the 
Federal Government following the terrorist attacks on the 
United States that occurred on September 11, 2001, or 
the military action to free the people of Iraq that com-
menced in March 2003: 
(1) General aviation entities that operate at 
Ronald Reagan Washington National Airport. 
(2) Airports that are located within 15 miles of 
Ronald Reagan Washington National Airport and 
were operating under security restrictions on the 
date of enactment of this Act and general aviation 
entities operating at those airports. 
(3) General aviation entities that were affected 
by Federal Aviation Administration Notices to Air-
men FDC 2/0199 and 3/1862 and section 352 of the 
Department of Transportation and Related Agencies
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Appropriations Act, 2003 (Public Law 108–7, divi-
sion I). 
(4) General aviation entities affected by imple-
mentation of section 44939 of title 49, United 
States Code. 
(5) Any other general aviation entity that is 
prevented from doing business or operating by an 
action of the Federal Government prohibiting access 
to airspace by that entity. 
(b) DOCUMENTATION.—Reimbursement under this 
section shall be made in accordance with sworn financial 
statements or other appropriate data submitted by each 
general aviation entity demonstrating the costs incurred 
and revenue foregone to the satisfaction of the Secretary. 
(c) GENERAL AVIATION ENTITY DEFINED.—In this 
section, the term ‘‘general aviation entity’’ means any per-
son (other than a scheduled air carrier or foreign air car-
rier, as such terms are defined in section 40102 of title 
49, United States Code) that—
(1) operates nonmilitary aircraft under part 91 
of title 14, Code of Federal Regulations, for the pur-
pose of conducting its primary business; 
(2) manufactures nonmilitary aircraft with a 
maximum seating capacity of fewer than 20 pas-
sengers or aircraft parts to be used in such aircraft;
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(3) provides services necessary for nonmilitary 
operations under such part 91; or 
(4) operates an airport, other than a primary 
airport (as such terms are defined in such section 
40102), that—
(A) is listed in the national plan of inte-
grated airport systems developed by the Federal 
Aviation Administration under section 47103 of 
such title; or 
(B) is normally open to the public, is lo-
cated within the confines of enhanced class B 
airspace (as defined by the Federal Aviation 
Administration in Notice to Airmen FDC 1/
0618), and was closed as a result of an order 
issued by the Federal Aviation Administration 
in the period beginning September 11, 2001, 
and ending January 1, 2002, and remained 
closed as a result of that order on January 1, 
2002. 
Such term includes fixed based operators, flight schools, 
manufacturers of general aviation aircraft and products, 
persons engaged in nonscheduled aviation enterprises, and 
general aviation independent contractors. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section
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$100,000,000. Such sums shall remain available until ex-
pended. 
SEC. 432. IMPASSE PROCEDURES FOR NATIONAL ASSOCIA-
TION OF AIR TRAFFIC SPECIALISTS. 
(a) FAILURE OF CURRENT NEGOTIATIONS.—If, with-
in 30 days after the date of enactment of this Act, the 
Federal Aviation Administration and the exclusive bar-
gaining representative of the National Association of Air 
Traffic Specialists have failed to achieve agreement 
through a mediation process of the Federal Mediation and 
Conciliation Service, the current labor negotiation shall be 
treated for purposes of this section to have failed. 
(b) SUBMISSION
TO IMPASSE PANEL.—Not later 
than 30 days after the negotiation has failed under sub-
section (a), the parties to the negotiation shall submit un-
resolved issues to the Federal Service Impasses Panel de-
scribed in section 7119(c) of title 5, United States Code, 
for final and binding resolution. 
(c) ASSISTANCE.—The Panel shall render assistance 
to the parties in resolving their dispute in accordance with 
section 7119 of title 5, United States Code, and parts 
2470 and 2471 of title 5, Code of Federal Regulations. 
(d) DETERMINATION.—The Panel shall make a just 
and reasonable determination of the matters in dispute. 
In arriving at such determination, the Panel shall specify
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the basis for its findings, taking into consideration such 
relevant factors as are normally and customarily consid-
ered in the determination of wages or impasse Panel pro-
ceedings. The Panel shall also take into consideration the 
financial ability of the Administration to pay. 
(e) EFFECT OF PANEL DETERMINATION.—The de-
termination of the Panel shall be final and binding upon 
the parties for the period prescribed by the Panel or a 
period otherwise agreed to by the parties. 
(f) REVIEW.—The determination of the Panel shall 
be subject to review in the manner prescribed in chapter 
71 of title 5, United States Code. 
SEC. 433. FAA INSPECTOR TRAINING. 
(a) STUDY.—
(1) IN
GENERAL.—The Comptroller General 
shall conduct a study of the training of the aviation 
safety inspectors of the Federal Aviation Adminis-
tration (in this section referred to as ‘‘FAA inspec-
tors’’). 
(2) CONTENTS.—The study shall include—
(A) an analysis of the type of training pro-
vided to FAA inspectors; 
(B) actions that the Federal Aviation Ad-
ministration has undertaken to ensure that
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FAA inspectors receive up-to-date training on 
the latest technologies; 
(C) the extent of FAA inspector training 
provided by the aviation industry and whether 
such training is provided without charge or on 
a quid-pro-quo basis; and 
(D) the amount of travel that is required 
of FAA inspectors in receiving training. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults of the study. 
(b) SENSE OF THE HOUSE.—It is the sense of the 
House of Representatives that—
(1) FAA inspectors should be encouraged to 
take the most up-to-date initial and recurrent train-
ing on the latest aviation technologies; 
(2) FAA inspector training should have a direct 
relation to an individual’s job requirements; and 
(3) if possible, a FAA inspector should be al-
lowed to take training at the location most conven-
ient for the inspector.
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(c) WORKLOAD OF INSPECTORS.—
(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
arrangements for the National Academy of Sciences 
to conduct a study of the assumptions and methods 
used by the Federal Aviation Administration to esti-
mate staffing standards for FAA inspectors to en-
sure proper oversight over the aviation industry, in-
cluding the designee program. 
(2) CONTENTS.—The study shall include the 
following: 
(A) A suggested method of modifying FAA 
inspectors staffing models for application to 
current local conditions or applying some other 
approach to developing an objective staffing 
standard. 
(B) The approximate cost and length of 
time for developing such models. 
(3) REPORT.—Not later than 12 months after 
the initiation of the arrangements under subsection 
(a), the National Academy of Sciences shall transmit 
to Congress a report on the results of the study.
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SEC. 434. PROHIBITION ON AIR TRAFFIC CONTROL PRIVAT-
IZATION. 
(a) IN GENERAL.—The Secretary of Transportation 
may not authorize the transfer of the air traffic separation 
and control functions operated by the Federal Aviation 
Administration on the date of enactment of this Act to 
a private entity or to a public entity other than the United 
States Government. 
(b) LIMITATION.—Subsection (a) shall not apply to 
a Federal Aviation Administration air traffic control tower 
operated under the contract tower program on the date 
of enactment of this Act or to any expansion of that pro-
gram under section 47124(b)(3) or 47124(b)(4) of title 
49, United States Code. 
SEC. 435. AIRFARES FOR MEMBERS OF THE ARMED 
FORCES. 
(a) FINDINGS.—Congress finds that—
(1) the Armed Forces is comprised of approxi-
mately 1,400,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the mem-
bers of the Armed Forces, many of whom are in 
grave danger due to their engagement in, or expo-
sure to, combat;
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(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under 
very stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order 
to visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that each United States air carrier should—
(1) establish for all members of the Armed 
Forces on active duty reduced air fares that are 
comparable to the lowest airfare for ticketed flights; 
and 
(2) offer flexible terms that allow members of 
the Armed Forces on active duty to purchase, mod-
ify, or cancel tickets without time restrictions, fees, 
and penalties.
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SEC. 436. AIR CARRIERS REQUIRED TO HONOR TICKETS 
FOR SUSPENDED AIR SERVICE. 
Section 145(c) of the Aviation and Transportation 
Security Act (49 U.S.C. 40101 note; 115 stat. 645) is 
amended by striking ‘‘more than’’ and all that follows 
through ‘‘after’’ and inserting ‘‘more than 36 months 
after’’. 
SEC. 437. INTERNATIONAL AIR SHOW. 
(a) STUDY.—The Secretary of Transportation, in 
consultation with the Secretary of Defense, shall study the 
feasibility of the United States hosting a world-class inter-
national air show. 
(b) REPORT.—Not later than September 30, 2004, 
the Secretary shall transmit to Congress a report on the 
results of the study conducted under subsection (a) to-
gether with recommendations concerning potential loca-
tions at which the air show could be held. 
SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8331 of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(27); 
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: