[Congressional Record Volume 149, Number 85 (Wednesday, June 11, 2003)]
[House]
[Pages H5201-H5239]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FLIGHT 100--CENTURY OF AVIATION REAUTHORIZATION ACT OF 2003
The SPEAKER pro tempore. Pursuant to House Resolution 265 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2115.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2115) to amend title 49, United States Code, to reauthorize
programs for the Federal Aviation Administration, and for other
purposes, with Mr. Bass in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Alaska (Mr. Young) and the
gentleman from Minnesota (Mr. Oberstar) each will control 30 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, on the occasion of the 100 years of powered flight, I
rise in support of H.R. 2115, Flight 100--Century of Aviation
Reauthorization Act of 2003.
H.R. 2115 addresses the needs of the national aviation system today
and in turn provides for its future. The Federal Aviation
Administration oversees and ensures the safe and efficient use of our
Nation's air space. The bill before us now supports this important
work.
It reauthorizes FAA for 4 years and allows for modest increases in
funding levels for fiscal years 2003 through 2007. H.R. 2115 also
ensures that the Aviation Trust Fund is used to finance airport
capacity and safety projects. It also continues to provide general
funds to pay for FAA safety functions that are in the public interest.
Additionally, the bill makes a number of important legislative
changes, such as:
Funding the Small Community Air Service Program and the Essential Air
Service Program;
Increasing the number of slots at Reagan National Airport;
Streamlining airport project reviews as passed by the House twice
last year; and
Prohibiting the privatization of functions performed by air traffic
controllers.
It goes without saying that the aviation industry is vital to the
U.S. economy. H.R. 2115 provides for its stability and, more
importantly, for its continued growth.
I want to thank the full committee ranking member, the gentleman from
Minnesota (Mr. Oberstar), for working with me to draft H.R. 2115. As a
result of this cooperative effort, we have bipartisan legislation that
everyone in this House can fully support.
I especially want to thank the subcommittee chairman, the gentleman
from Florida (Mr. Mica), and the ranking member, the gentleman from
Oregon (Mr. DeFazio). H.R. 2115 clearly represents the hard work and
the long hours they and their staff put into this effort. I appreciate
their dedication in ensuring that the United States continues to have
the safest and most efficient aviation system in the world.
For that reason, I join with the full committee ranking member, the
gentleman from Minnesota (Mr. Oberstar); the subcommittee chairman, the
gentleman from Florida (Mr. Mica); and the ranking member, the
gentleman from Oregon (Mr. DeFazio), in urging the immediate passage of
this bipartisan bill.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield myself 7 minutes.
Mr. Chairman, I, too, of course rise in support of H.R. 2115, Flight
100--Century of Aviation Reauthorization Act. It is appropriate that we
apply that title to the bill in this year; it is the 100th anniversary
of flight. When you think how far the world has come in aviation in
just 100 years, it is really extraordinary. No other technology in the
field of transportation can match the speed with which we have advanced
the cause of aviation in this 100 years.
We have worked in a very diligent and bipartisan manner over many
weeks and months; and I want to thank the chairman, the gentleman from
Alaska, for the frequent and thorough and intensive conversations we
have had to shape this legislation, come together in agreement on the
many sticky issues that we had to confront in shaping this bill, and
the chairman of the subcommittee, the gentleman from Florida (Mr.
Mica), who has always been available and readily available to discuss
and iron out the many complex issues.
I want to compliment the ranking member on our side, the gentleman
from Oregon (Mr. DeFazio), whose 18-plus years, 20 years of intensive
work
[[Page H5202]]
in the field of aviation have paid off in his current position as the
leader on our side on aviation issues. He has done a splendid job in
shaping this legislation, which will put America on the course it needs
to be to continue investment in our aviation airside infrastructure, in
the modernization of the air traffic control system, and in ensuring we
have the finest professionals in the world to manage that air traffic
control system in the form of our air traffic controllers and those who
support and maintain the technology of aviation.
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Though emplanements dipped after September 11, they are on the
rebound. We are seeing flights return to something approaching pre-
September 11 numbers. Something like 71 percent load factors are
returning, but yields are down. On average, they are down 4 cents to 5
cents per revenue passenger mile from what they ought to be to sustain
the level of revenue we saw in the pre-September 11 era. But that, too,
will come back. That will return as our economy gains in strength.
I know that the FAA is projecting over the next 6 years a return to
600-plus million passengers a year, and 696 million was the level we
had prior to September 11. Now, when we think that in a world that
emplaned 1 billion passengers in 2001, and 696 million of those were in
the United States, it means that this Nation boards two-thirds of all
the people who travel by air in the entire world.
So if we are to position ourselves to accommodate that growth in the
future, then we have to make the investments now in the air side
capacity of our airports. We have to prepare the taxiways, runways, and
the air side improvements to accommodate that future growth so we will
not be left behind, struggling, trying to catch up when it is too late
and flights have rebounded.
In that respect, this bill provides $14.8 billion for the Airport
Improvement Program funding. That is $1.2 billion more than the FAA's
request. We have $12.3 billion for facilities and equipment over the
life of this legislation, $200 million of which is specifically
designated for the Standard Terminal Automation Replacement System,
STARS, that handles 70 million airport operations a year throughout
this country. That is a staggering amount and requires a vast capacity
that this new system will provide.
We also maintain a level of funding to accommodate the air traffic
controllers, $31.3 billion for FAA operations over the life of this
legislation. We have done a good deal to accommodate the needs of small
airports with essential air service improvements in this bill.
I recall so very vividly in 1978 sitting on this committee when we
considered the deregulation of aviation. The question was raised
whether we would have service to small communities. I offered the
amendment for essential air service, with the concluding remark to the
chairman of the Committee, that if we do not pass this amendment, there
are towns in my district where the only way to get there will be to be
born there, and I do not want to see that happen again. So we have done
a good job with those issues.
Before concluding, I want to engage the chairman in a discussion. But
I want to thank on our side the staff, Stacie Soumbeniotis, Giles
Giovanazzi, Ward McCarragher, and, on the Republican side, David
Schaffer, who have done superb professional work in crafting these
extremely complicated provisions of this bill.
Mr. Chairman, I am disappointed that the bill does not go as far as I
would have liked it to do in guaranteeing that our air traffic control
system remains the safest in the world dealing with the privatization
of air traffic controllers. It does not deal with the certification and
related maintenance of equipment used by air traffic controllers.
So I think that we did not address this issue in the bill. I think we
will come to that point in conference. I know the chairman is amenable
to working towards a solution on this issue, and will work with us in
conference to ensure that both controllers and air systems specialists
are protected in the bill Congress sends to the President.
Mr. YOUNG of Alaska. Mr. Chairman, if the gentleman will yield
further, I would say that that is correct. I am well aware of the
proposal the gentleman has suggested. Frankly, I support it myself. But
as the gentleman knows, we were threatened with a veto if it was
amended in the committee, so the gentleman and I had a lot of work to
do in conference, and, of course, the administration.
I do think that we have to have the safest air system. I believe, Mr.
Chairman, we do have the safest air system in the world. Some of the
other countries have changed their systems, but I actually think we are
doing a better job. It does not mean we cannot improve upon it, but we
are doing a better job.
The way we do a better job is keep the professional people in line
and by making sure they are doing the job correctly, as they have been
doing, and as the control tower people have done so far. I am well
aware of it and I will be working with the gentleman.
As the gentleman knows, this bill will pass today overwhelmingly, I
believe, and we will have an opportunity to address this issue as time
goes by.
I thank the gentleman. I must say for the record, I don't believe
anybody knows the air business better than the gentleman does. The
gentleman has been a long time as subcommittee chairman when he was in
the majority, and he knows this issue. We appreciate working with the
gentleman, because this is a great value to our country, this
transportation system we have. I do thank the gentleman.
Mr. OBERSTAR. Mr. Chairman, I appreciate the chairman's remarks. I am
delighted that we will be able to work in conference to assure that
both controllers and systems specialists remain Federal employees.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Chairman, I yield the balance of my debate
time to the gentleman from Florida (Mr. Mica), and I ask unanimous
consent that the gentleman be permitted to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alaska?
There was no objection.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I particularly want to thank the chairman of the full
committee, the gentleman from Alaska (Mr. Young), the ranking member,
the gentleman from Minnesota (Mr. Oberstar), and our ranking member of
the Subcommittee on Aviation, the gentleman from Oregon (Mr. DeFazio),
for their leadership in trying to bring this measure together and to
the floor.
This is a 4-year reauthorization, and it is very difficult. We have
over 70 members on the full committee and over 40 members on the
Subcommittee on Aviation, and the White House and all the various and
sundry interests that want specific provisions in a reauthorization
bill such as we have before us. But we have come together, and I am
real proud of the work that the Members have done and the staff.
I will have a manager's amendment that incorporates some of the
issues that we have agreed to on a bipartisan basis, and also pledge to
work with all interests and sides on various issues as we hopefully
bring this measure to conference.
Mr. Chairman, this legislation is critical to the future of aviation
in our country. It is also fitting and I think very appropriate that on
the 100th anniversary of manned flight by the Wright brothers that we
bring this rewrite of our Federal aviation policy before the Congress.
No nation in the world relies more on the safe and efficient operation
of aircraft than the United States.
Just think about it: Two-thirds of all the air passengers in the
world take off from the United States each year and each day, from U.S.
soil. Without a reliable air transportation system, communities would
become stranded, families would be separated, time-sensitive cargo
lost, and countless jobs and opportunities forsaken.
This bill, H.R. 2115, also referred to as Flight 100, addresses the
many pressing needs of our aviation system. We know it has been through
a great deal of turmoil since September 11. I believe it also provides
good elements for its future.
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This legislation keeps our promise to the flying public and builds on
the landmark successes of its predecessor legislation, known as AIR-21.
This legislation continues the guarantee that all the taxes and
revenues paid into the Aviation Trust Fund are fully spent, and that
airport improvements and air traffic control modernization that is so
important is fully funded.
H.R. 2115 provides the funding necessary for the administration to
operate air traffic control systems to the very highest standards of
safety, and also allows us to modernize our outdated air traffic
control system. It also increases the funding to airports to help build
the capacity we need for future economic growth. This bill also makes
much needed reforms to FAA's management structure by redefining the
role of the chief operating officer.
I am pleased to see the administration within the last 24 hours has
named that chief operating officer, and this legislation will clearly
define the responsibilities of that position as it relates to the
administrator of FAA.
It makes also, I think, a greater success of our Small Community Air
Service Pilot Program, and it reforms the Essential Air Service Program
to ensure that communities that need this service will continue to
receive air service.
The bill streamlines the environmental review process for urgent
airport capacity projects, and it does so without weakening any of the
underlying environmental statutes or requirements. It also authorizes
compensation to general aviation entities for losses resulting from
security mandates. Again, they have not been reimbursed like the
airlines or other entities that the Congress has previously provided
for.
A lot of hard work has gone into this legislation, and I think we
have worked diligently with the other side of the aisle to craft
careful and meaningful compromises. The aviation industry in the United
States is still the strongest in the world, and we must keep it that
way. This legislation provides the stability and funding to ensure that
we will continue to lead the aviation industry of the world.
This is a good, bipartisan piece of legislation, and I urge all of
the Members to join in support of this legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent that the
gentleman from Oregon (Mr. DeFazio) manage the balance of the bill in
general debate on our side, including authority to yield time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Minnesota?
There was no objection.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of this legislation, and want
to thank all the members of the committee and also particularly the
ranking member, the gentleman from Minnesota (Mr. Oberstar), the
chairman, the gentleman from Alaska (Mr. Young), and the gentleman from
Florida (Mr. Mica), the subcommittee chairman, for the effort they and
all our staff have put into this bill.
This is a good piece of work. It is a potential foundation for the
second 100 years of the aviation industry in this country, an industry
that contributes well in excess of 10 percent to our gross domestic
product on an annual basis. It will begin to anticipate and invest in
meeting the needs of the future.
There are a lot of folks that have seen the fall-off in air traffic,
and they have forgotten the delays of 2 years ago and the capacity
constraints of 2 years ago. But I have not and the members of the
committee have not. It is going to require more investment, and there
is significant investment in this bill over and above what was
requested by the administration to begin to meet those capacity needs,
in partnership with local communities and local airport authorities.
It also does include some environmental streamlining provisions which
will not do violence to the National Environmental Policy Act, but will
help move some of the bureaucratic impediments and sequential referrals
and things that have gone on that have delayed unnecessarily projects
that ultimately were found to have merit and to meet the environmental
constraints and laws of the United States. We need to move some of
these projects ahead more quickly, and this, I believe, will help
facilitate that.
I am particularly happy with the air service section of the bill.
{time} 1400
I represent what has become an underserved community because of the
dominance of one major carrier who has chosen, despite the
profitability of that market, to divest itself of service and
substitute a substandard so-called express service.
There are many of us across the Midwest and the western United States
and even in the East struggling with these sorts of issues. There are
many communities that have no service whatsoever. So the improvements
we are making in the essential air service authorization here are
essential. The new pilot program that would allow other than the
traditional essential air service program, which can sometimes be kind
of lame, is to be undertaken by the Secretary. And, finally, the new
section which I think is going to be the great benefit to airports like
mine and other airports across the country that have seen a diminution
in service is the Small Community Air Service Development program,
which would, with language we have put in the bill, require and give
preference to communities that are willing to partner with the
government in terms of a contribution and also can demonstrate the
potential sustainability of their plan. Not just a potential pilot
program which essentially becomes another name for an EAS program, but
something to encourage innovation, to attract in new carriers that
could provide a permanent presence and a new competition and
improvement in service to those communities. There are many of us that
desire to facilitate that.
Also, being a west coast Member, the issue of Washington National
Airport and the sort of outmoded restrictions we see there is also
accommodated to some extent in the bill.
Flight attendants will get at least some small recognition for the
vital service they provide the traveling public on a daily basis, where
they are going to get a certificate when they have completed their
training, which hopefully with the uncertainties in the industry, the
bankruptcies and the layoffs, will give them some portability and
viability perhaps to move to new jobs if they lose theirs or there are
other problems.
We begin to anticipate the huge looming retirement of air traffic
controllers with this bill and to require or authorize the hiring of
replacements who have quite a long training window, and we need to move
ahead with that so we do not have a crisis.
The cabin air-quality hearings which we had last week revealed that
we are basically not monitoring cabin air quality; and where we do not
monitor, we do not have a problem. But the few monitoring samples that
have been done do show problems, and we are going to require studies
that were called for by the National Academy of Sciences to be
undertaken by the FAA.
Finally, the air traffic control system, there is no more successful
model in the world of an efficient, well-operating, privatized air
traffic control system. Those that do exist have had to be dramatically
subsidized, reinvested in by the governments that went down that route.
And when I recently met with the Chair of the committee of jurisdiction
from the Parliament, she said, Do not go there. Look at the mistakes we
made in Great Britain. And I am pleased to see the provisions in the
bill that relate to that. All in all, Flight 100 is a great foundation
over the next 4 years for the next 100 years of flight in the United
States.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Tennessee (Mr. Duncan), a senior member of the
Subcommittee on Aviation and immediate past Chair of the subcommittee.
Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in very strong support of this legislation,
which has been entitled Flight 100. It is a very important bill for our
entire Nation. It is important even for those who never fly because a
strong aviation system is so vital to our entire economy.
[[Page H5204]]
I want to commend the gentleman from Florida (Mr. Mica) and the
ranking member, the gentleman from Oregon (Mr. DeFazio), and the
ranking member of the full committee, the gentleman from Minnesota (Mr.
Oberstar), whose knowledge of the aviation system we all admire so
much, and our great chairman, the gentleman from Alaska (Mr. Young),
for this bill.
As the gentleman from Florida (Mr. Mica) mentioned, I had the
privilege of chairing the Subcommittee on Aviation for 6 years; but I
cannot tell you how much I admire and respect the work that the
gentleman from Florida (Mr. Mica) has done. No one could have done a
better job as chairman of that subcommittee. And I certainly appreciate
all the work he has done because that subcommittee has to deal with
some very difficult and contentious issues at times, and that has been
particularly so over the last couple of years.
This bill continues what I think was very good work that we did in
the AIR 21 legislation that I had the privilege to work on while I was
chairman of the subcommittee. I especially want to mention, as the
gentleman from Oregon (Mr. DeFazio) did, the environmental streamlining
provisions, because we have had so many hearings that said projects
were costing three times as much as they should and taking an average
of 10 years to complete because of convoluted and confusing
environmental rules.
I know the main runway at the Atlanta airport took 14 years from
conception to completion, but only 99 days of actual construction.
I appreciate the provisions in regard to general aviation which is so
important to this Nation's economy, and small and medium-sized
airports, because that is vital to areas like mine.
I want to thank the gentleman from Florida (Mr. Mica) for the
provisions concerning Midway Island and making that eligible for AIP
funding because that is something that means so much to so many
veterans.
Finally, to the National Safe Skies Alliance, which has done so much
work on aviation safety and security. I urge support for this bill.
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Millender-McDonald).
Ms. MILLENDER-McDONALD. Mr. Chairman, I rise to engage the gentleman
from Minnesota (Mr. Oberstar) in a colloquy.
As the senior member on the Subcommittee on Aviation from California,
I wish to bring to the attention of this body the rapidly developing
public air travel access and passenger capacity needs at certain
airports across the country.
With national growing capacity needs and growth issues, airports must
address attendant safety factors. In 2002, Long Beach Airport was the
fastest-growing commercial airport in the country at an annual growth
rate of 300 percent. Therefore, I respectfully request that the Federal
Aviation Administration and Congress take under advisement such
capacity and growth issues and give appropriate consideration in
awarding grants under the Airport Improvement Program for airports that
are experiencing major growth. Specifically, I ask the FAA to take
under strong consideration the needs for runway rehabilitation in these
airports across the country that are impacted by rapid growth.
I ask the gentleman from Minnesota (Mr. Oberstar), the ranking
member, we as members of the Subcommittee on Aviation and the full
committee have worked hard to produce an aviation reauthorization bill
that will sustain growth and enhance capacity as well as address
ongoing safety needs. Providing much-needed resources to these growing
airports across the country is within the principle and spirit of this
aviation reauthorization bill.
Mr. OBERSTAR. Mr. Chairman, will the gentlewoman yield?
Ms. MILLENDER-McDONALD. I yield to the gentleman from Minnesota.
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Chairman, I commend the gentlewoman from California
(Ms. Millender-McDonald) for her persistence and continuous leadership
on this capacity issue, as well as many other transportation matters
within the jurisdiction of our committee.
Resources for airport growth is an essential feature of this
legislation. The gentlewoman has worked very hard and reminded the
committee of these capacity requirements over the coming years. The
bill specifically improves those funding measures substantially over
even AIR 21 and previous legislation.
Five years ago, Congress provided only $1.9 billion for the airport
improvement program (AIP). In AIR 21, we substantially increased AIP
funding. Flight 100 builds upon the success of AIR 21 and continues to
grow the program to meet anticipated capacity issues. In total, the
bill provides $14.8 billion for AIR over 4 years, $1.2 billion more
than the Administration's request. Airport development funding will
grow from the current level of $3.4 billion to $4 billion in FY 2007.
Moreover, these funds are guaranteed under flight 100.
With Flight 100, we will continue to make headway toward addressing
our enormous airport development needs.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentlewoman from New
York (Mrs. Kelly), who is also a senior member of our Subcommittee on
Aviation.
Mrs. KELLY. Mr. Chairman, my purpose in rising is to express my
strong support for the passage of H.R. 2115, Flight 100.
Three years ago, we passed landmark legislation under the
chairmanship of Chairman Shuster, which increased dramatically Federal
investment in our aviation system.
As we all know, the country has undergone fundamental changes since
the enactment of AIR 21; and few, if any, industries have been so
directly affected by our new circumstances. The legislation we have on
the floor today is important because it builds on the accomplishments
of AIR 21 and helps our aviation system adapt to new changes. Air
transport is a large and very important part of the U.S. economy, and
safety is a focus of not only the industry itself but of this bill.
The central feature of this bill is that it continues protections for
the aviation trust fund that we achieved with AIR 21. These procedural
protections which ensure the revenue generated by aviation taxes will
be dedicated solely to aviation improvements have had a substantial and
positive effect on Federal investment levels in aviation. In the first
year of AIR 21 alone, funding for the Airport Improvement Program
increased by $1.3 billion. Funding for the Facilities and Equipment
Program increased by $700 million in the first year.
This bill maintains a strong focus on safety. It sets us on a path
that will allow us to accommodate the continued growth of the system
that we expect and we desire.
So I thank the gentleman from Alaska (Mr. Young) and the gentleman
from Florida (Mr. Mica) for their efforts in getting this bill to the
floor. And I would like to take note of my appreciation for their
inclusion of a provision affecting our air traffic controllers and
flight attendants. Once again, I urge a positive vote on this measure.
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Indiana (Ms. Carson).
Ms. CARSON of Indiana. Mr. Chairman, I would like to first and
foremost commend the leadership of the Committee on Transportation and
Infrastructure, the gentleman from Alaska (Mr. Young) and the gentleman
from Minnesota (Mr. Oberstar), and those who are ranking here
representing this Flight 100, in recognition of the flight of the
Wright brothers' incredible and ingenious invention, an item that seeks
to annihilate space and circumscribe time.
I am particularly pleased that the protection for the air traffic
controllers has been contained in this major piece of legislation.
Individuals who lowered 4,000 flights without incident on 9-11
certainly need to be protected for their good work and their expertise.
Mr. Chairman, I had wanted very badly to have an amendment in here, a
sense of Congress that would encourage the Department of Transportation
to give preference to new entrants into the aviation market in terms of
different routes that will eventually culminate in this particular
legislation. While I support the major airline industry in this
country, and use them twice a week, I think it would be beneficial to
be very consumer friendly to
[[Page H5205]]
allow some of your lesser-known carriers to be new entrants into this
market to enable them to fly to, say, Washington Reagan National
Airport at a more consumer-friendly cost than what we are having to pay
at present. And we would trust that the Department of Transportation
would look at that as a possibility as this measure goes forward.
Mr. Chairman, I commend those who worked laboriously to ensure the
passage, and I support the passage of Flight 100.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Texas
(Mr. Burgess), a member of the full committee.
Mr. BURGESS. Mr. Chairman, I thank the gentleman for yielding me
time.
Mr. Chairman, I am pleased to join my colleagues in support of H.R.
2115. A vibrant and strong aviation industry is critical to our
Nation's long-term economic growth. Over 10 million people are employed
directly in the aviation industry. For every job in the aviation
industry, 15 related jobs are produced.
The aviation industry accounts for over $800 billion of the country's
gross domestic product. Just as the aviation industry is a catalyst for
growth in the national economy, airports are a catalyst of growth for
their local communities. Airports create over $500 billion in economic
activity and directly employ 1.9 million people. Almost 2 million
people a day and 38,000 tons of cargo pass through our Nation's
airports each day.
The aviation industry is important to me and my constituents in the
26th district of Texas. The Dallas-Fort Worth Airport and American
Airlines are headquartered in my congressional district. In my district
alone, the aviation industry directly and indirectly employs over
50,000 people.
Aviation also links our Nation's citizens and communities to the
national and world marketplace. Without access to integrated air
transportation networks, communities cannot attract the investment
necessary to grow or allow homegrown businesses to expand. A modern and
fully funded aviation network is fundamental to making sure that all
Americans can participate fully in the economy.
Airports are economic development engines. Airport development is a
real economic stimulus that creates both immediate jobs and long-term
economic development. Once this bill is enacted, my constituents will
have the tools and resources necessary to attract even more air
service-related economic development, and most importantly, further
expand their connections to the national and global economy.
Mr. Chairman, the FAA reauthorization bill meets the challenges
facing our Nation's aviation system: increasing security, expanding
airport safety and capacity, and making sure all of our Nation's
communities have access to the network. I strongly support H.R. 2115
and look forward to its passage today.
{time} 1415
Mr. DeFAZIO. Mr. Chairman, I yield 2\1/4\ minutes to the gentleman
from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Chairman, I rise today in strong support of the
Century of Aviation Reauthorization Act, and I want to commend the
gentleman from Florida (Mr. Mica) and the gentleman from Oregon (Mr.
DeFazio) because they have stressed so specifically the need for
security in our airports, and they have worked diligently on that
subject in terms of their leadership.
Working in a bipartisan manner, the committee has done an admirable
job forging reasonable compromises on many issues. In the past 18
months, the Congress and the American people have made airport security
and airline stabilization the primary focuses of aviation policy, and
it is fitting to focus on our aviation capacity and safety needs again.
The Airport Improvement Program funding authorized in this bill will
have the added benefit of putting people to work in a time of 6.1
percent unemployment. One issue that remains a top priority for me is
funding for the national airspace redesign in the operations and
maintenance account.
With a national airspace that looks as if it was designed in the time
of the Wright brothers, AIR 21 did a good job of providing funds to
stop the comprehensive design. H.R. 2115 allows that work to continue.
In 1998, FAA administrator Jane Garvey came to Newark airport and
announced that the National Airspace Redesign would begin in the New
York/New Jersey/Philadelphia region. I know that the FAA is still
working on that segment of the design, and they hope to have a draft
environmental impact statement next year.
The completion of the redesign will benefit Newark Liberty
International Airport immensely by reducing delays, and it could
potentially benefit New Jersey residents with air noise reduction.
Let me reiterate a point included in the committee report, if I may,
that reminds the FAA that environmental streamlining provisions in the
legislation have not been drafted to undermine the National
Environmental Policy Act and we also worked that out. I urge the House
to improve this important legislation.
Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Indiana (Mr. Chocola), an outstanding new Member and
also the vice chair of our subcommittee who is doing a great job.
Mr. CHOCOLA. Mr. Chairman, I want to thank the gentleman for yielding
me the time. I also want to commend the distinguished chairman for his
good work on this bill.
Mr. Chairman, I rise today in support of this bill. In December of
1903, on the sands of Kitty Hawk, North Carolina, the Wright brothers
achieved the milestone of manned, controlled, powered flight, and with
that historic first flight, the aviation age was born. Since that time,
the Federal Aviation Administration has developed alongside the
aviation industry. We are here today obviously working on a 4-year
reauthorization of that government agency.
The FAA does a lot of good things, but like every government agency,
the FAA needs to be a good steward of taxpayer dollars. While the
Subcommittee on Aviation was considering this bill, we heard from the
General Accounting Office about $5.4 million in government credit card,
also known as purchase cards, abuses by the employees of the FAA. Some
examples of that abuse include purchase of Palm Pilots and accessories
such as keyboards and leather cases from Coach costing almost $67,000.
They also uncovered individual subscriptions to Internet service
providers totaling $17,000; store gift cards to places like Home Depot,
WalMart, and there are several other examples.
In their report, the GAO made a number of recommendations to
strengthen FAA's internal controls of this purchase card program and
decrease wasteful spending and improve accountability. I offered an
amendment during consideration of this bill to direct the FAA
administrator to implement the GAO's recommendations and then report
back to Congress in 1 year and tell us how they are doing, and I am
happy to report that the amendment was adopted.
Mr. Chairman, I believe we need to be better stewards of taxpayer
dollars, and this small step will lead us in the right direction. The
FAA is committed to a sound purchase card program and is taking action
to strengthen controls, but we have an obligation to ensure that the
FAA takes the necessary steps to manage their purchase card program
responsibly.
Mr. Chairman, I think this is a good bill, and I urge my colleagues
to support it today.
Mr. DeFAZIO. Mr. Chairman, could I inquire of the Chair as to the
time available on each side?
The CHAIRMAN. The gentleman from Oregon (Mr. DeFazio) has 10\1/4\
minutes remaining, and the gentleman from Florida (Mr. Mica) has 15
minutes remaining.
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, let me express my
appreciation for the extraordinary leadership of this Committee on
Transportation and Infrastructure and this subcommittee in general in
working together to formulate this bill, and I especially would like to
voice my support for section 420 of the bill which has important
implications for the aviation safety.
[[Page H5206]]
Over the last several weeks, I have heard from aviation repair
stations in the Dallas/Fort Worth area that have told horror stories
about the manufacturers refusing to make critical maintenance data
available. I was contacted by one repair facility located in the Fort
Worth area that has had firsthand experience with the problem that
section 420 seeks to remedy.
In 1999, one of the manufacturers whose products the facility is
authorized to maintain was charging just under $5,000 to keep three
maintenance manuals current for 3 years. Now that same manufacturer is
charging more than $20,000 to keep those manuals current for just 1
year. That price increase is outrageous and unwarranted, and this is
just one example of aviation manufacturers taking advantage of the
small businesses, and small businesses hire more people in Texas than
any other type of business.
Mr. Chairman, we cannot sit by and allow manufacturers to deny access
to critical maintenance information, so that we can keep our planes
safe for the skies. We cannot sit by as the FAA fails to enforce its
own regulations. Section 420 will remedy this situation if it is
allowed, and, in turn, we will improve aviation safety and security.
Mr. MICA. Mr. Chairman, I am pleased to yield 2\1/4\ minutes to the
gentleman from Arkansas (Mr. Boozman), one of our most active members
on our subcommittee.
Mr. BOOZMAN. Mr. Chairman, I rise today in support of H.R. 2115, and
I commend the gentleman from Alaska (Mr. Young), the gentleman from
Florida (Mr. Mica), the gentleman from Minnesota (Mr. Oberstar), and
the gentleman from Oregon (Mr. DeFazio) for their efforts to bring this
legislation to the floor.
H.R. 2115 protects the needed investment in our aviation system, and
while doing so, it addresses the needs of our small communities. Most
of us here in Congress represent small community airports. There are
only a few airports the size of Chicago, Atlanta, or Los Angeles. In
fact, over 60 percent of our airports are small airports.
That is why it is so important that H.R. 2115 continues the Small
Community Air Service Development Pilot Program. This program is
devoted to developing air service to smaller communities. Fort Smith,
Arkansas Regional Airport, from my District, was fortunate enough to be
one of the 40 airports selected to participate in this program. I am
pleased to report that the program has been instrumental in enhancing
air service in Fort Smith. They are truly a success story. The
continuation of the Small Community Air Service Pilot Program is very
important to small airports.
Another feature of this bill that works to support needs of small
communities is the continuation of Essential Air Service. I commend the
entire Committee on Transportation and Infrastructure for working
together to improve the EAS program. The gentleman from Kansas (Mr.
Moran) worked very hard on this program, and I thank him for his
efforts.
EAS provides air service to rural airports that would normally not be
able to support a commercial air carrier in their community. In my
District, Boone County Airport in rural Harrison, Arkansas depends on
the EAS program for commercial service. The continuation and full
funding of EAS is necessary for these rural communities. They simply
cannot afford to pay a high-cost share to sustain service, and above
all, they cannot afford to lose service.
H.R. 2115 adequately funds the EAS program and creates a community
choice program that will allow communities to take ownership.
I ask support for the legislation.
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the other gentleman
from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, I thank the other gentleman from Oregon
for his courtesy.
Mr. Chairman, the modern airport is a building block of a livable
community. Air transportation is essential to cities being competitive
in a global economy and being integrated into the national
transportation framework.
It is time for us to start making plans for what the role of airports
should be in the future so that they do not pose a threat to livability
and are truly integrated with other modes of transportation.
The manager's amendment contains two items I think can help point the
way towards better, long-term integration among aviation, rail, and
surface modes. First, there is an effort to clarify and publicize how
passenger facility charges can be used to assist in the development of
ground access projects. For too many people, the worst part of the trip
is trying to get to and from the airport.
Second, there is a provision that requires plans for airport and
runway construction and expansion to be shared between the airports and
the metropolitan planning organizations. Currently, there is no
guarantee that the aviation and surface transportation agencies are
even talking to each other, let alone actually planning together.
A sound transportation process includes all the players and respects
their obligations and responsibilities, and it will work to the benefit
of all.
Twelve years ago, with the ISTEA legislation, Congress started a
revolution in how our communities' transportation services are
provided. It gave local communities more flexibility and provided
strong signals that it made sense to plan comprehensively and to work
intermodally. It is time for us to think about the next step of the
transportation revolution as it relates to aviation, and extend these
concepts to the other interrelated modes of rail, aviation and surface
transportation.
I appreciate the courtesy of the subcommittee in including these
provisions in the bill to at least start some cooperation between the
modes, and hopefully in the future we can break down those barriers
further and make more progress to truly having an integrated, seamless
transportation system with airplanes, the critical role that we know
that it needs for tomorrow's future.
Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Kansas (Mr. Moran), who is a member of our subcommittee
who represents probably the largest aviation manufacturing facility,
and does it so well, in the United States.
Mr. MORAN of Kansas. Mr. Chairman, I thank the gentleman from Florida
(Mr. Mica) and the committee staff for the opportunity to be here today
and for the quality piece of legislation that addresses many important
concerns back home to the State of Kansas.
I am grateful for the opportunity that we have had to work together,
particularly in regard to Essential Air Service reform. This is maybe
the most significant reform we have had since this program was created
25 years ago.
The EAS provisions included in this bill give small and rural
communities a greater role in the EAS process. Besides preserving its
funding, it will also allow small communities to better tailor their
local air service to their unique individual needs. It is vital small
communities across the country remain connected to the national air
network.
This legislation also provides increased funding for the AIP, Airport
Improvement Program, that is essential in maintaining our Nation's
airports, both large and small, and continues funding for our Nation's
contract tower program, a vital program that improves the safety for
small community airports.
Mr. Chairman, one section of the bill that remains a concern to me is
section 420 that addresses the availability of maintenance information.
This provision has some economic ramifications for aviation
manufacturers. We discussed this issue in the full committee markup,
and I appreciate my colleague's continued involvement and his
responsiveness to the issue I have raised. The manager's amendment that
the gentleman has offered will address some of the concerns. However, a
couple of key safety and liability issues remain to be resolved.
Mr. Chairman, as my colleagues know, I drafted an amendment that I
think would be a satisfactory compromise on this issue, which I will
not offer, but would ask for the gentleman's continued support and
discussion as we try to find satisfactory resolution to this issue that
is very important to the aviation manufacturing industry.
I again thank the gentleman for all the efforts that he has put into
this legislation.
[[Page H5207]]
{time} 1430
Mr. MICA. Mr. Chairman, will the gentleman yield?
Mr. MORAN of Kansas. I yield to the gentleman from Florida.
Mr. MICA. Mr. Chairman, I do appreciate the serious concerns that the
gentleman from Kansas has raised relating to the repair manuals and
other information that should be made available, and we will work with
the gentleman to make sure that the concerns raised are addressed.
Mr. MORAN of Kansas. Mr. Chairman, I thank the gentleman from
Florida.
Mr. Chairman, let me begin by thanking you for your efforts in
drafting H.R. 2115, the Flight 100--Century of Aviation Reauthorization
Act. This legislation is vital for the continuation of our nation's
aviation system.
I would like to thank you, Aviation Subcommittee Chairman Mica, and
the Committee staff for your assistance in creating a quality piece of
legislation that addresses many important concerns for state of Kansas.
I am grateful for the opportunity to work with you in crafting the
most significant Essential Air Service (EAS) reform since the program's
inception twenty-five years ago. The EAS provisions included in this
bill give small and rural communities a greater role in the EAS
process. Besides preserving funding, it will allow small communities to
better tailor their local air service to their unique individual needs.
It is vital that small communities across the country remain connected
to the national air network.
Their legislation provides increased funding for the Airport
Improvement Program (AIP)--essential in maintaining our nation's
airports--both large and small. Also, this bill provides continued
funding for our nation's contract tower program--a vital program that
dramatically improves the safety of small community airports.
Mr. Chairman, one section remains that still concerns me--Section
420--the section that addresses the availability of maintenance
information. As you know, this is a controversial provision because of
its dramatic economic ramifications for aviation manufacturers--many of
whom, I might add, are laying off workers and temporarily closing their
production lines. Aviation manufacturing is vital to the Kansas
economy. It is our second largest industry behind agriculture. Also,
more than 60 percent of the general aviation aircraft produced in the
United States originates in Kansas. We discussed this issue during the
Full Committee markup and I am appreciative of your continue
involvement and your responsiveness to the issues I raised. The
manager's amendment does address my concerns with the bill's language
addressing the cost of maintenance manuals.
I continue to have concerns with Section 420 because we have not held
a hearing on the issue, we have not heard from the FAA or the NTSB on
the issue, and no one has shown me evidence that this provision will
address a safety problem, if one in fact exists. Also, I have yet to
see evidence that manufacturers are over-charging for these manuals.
If the case has not been made that such an immediate safety issue
exists, why is Congress getting involved in the economic regulation of
the aviation industry? Mr. Chairman, unless it an urgent and
significant safety issue, I think we should be reluctant to intervene
in the marketplace. I still believe we should first ask the FAA to
study this issue in order to define the key terms of this legislation.
Why pull the trigger without asking questions first?
Mr. Chairman, I drafted an amendment that I believe is an amenable
compromise on this issue. However, rather than offer an amendment on a
little-known and complex issue, I ask that you continue to work with
me, the aircraft manufacturers, and the repair station industry, so a
mutually agreed upon compromise--one that satisfies all parties--can be
crafted during conference. I specifically ask for you commitment to
address the following issues:
(1) For safety purposes, language to protect manufacturer oversight;
(2) Manufacturer liability concerns;
(3) In keeping with the current scope of the regulation, to include
in section (a) the terms ``type certificate holder,'' ``supplemental
type certificate holder,'' and ``amended type certificate holder''; and
(4) The definition of ``design approval holder.''
Again, I sincerely thank you and your staff for adopting the language
contained in the manager's amendment--this is definitely a step in the
right direction. Mr. Chairman, again, thank you for your consideration
and your assistance.
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentleman from
Hawaii (Mr. Case).
Mr. CASE. Mr. Chairman, I thank the committee for what I think is a
good bill. My purpose in rising today as this bill goes forward is
simply to highlight the absolute dependence on some parts of our
country on air service, and thus the absolute importance of the
essential air services portion of the law and of this bill, and also
the necessity as we go forward of avoiding one-size-fits-all thinking
when we deal with the problems of our rural communities in addressing
EAS.
In fact, imagine a district in which air service is truly
indispensable to providing the basic necessities, to transporting
residents, to providing emergency medical service, and to the survival
and prosperity of our number one industry, tourism, and several other
important industries based on, for example, agricultural exports.
That is Hawaii today, and that is my second district, a district that
has all of Hawaii other than urban Honolulu and is composed of seven
inhabited islands. It is absolutely unique.
Let me give an example of how this fits into one-size-fits-all
thinking. A great deal of discussion is given in essential air services
to how far airports are apart from each other, and both the gentleman
from Pennsylvania (Mr. Peterson) and the gentleman from Pennsylvania
(Mr. Pitts) are offering amendments which I fully support which deal
with how far is an airport. Well, the airport on Molokai is somewhere
around 40 miles from Honolulu International Airport. Not too far, but
there is no road. No road. It is on another island, so we have to think
about unique circumstances. The options are nonexistent, no driving, no
highways, no rail, no trains, no Amtrak subsidies, no ferries, cannot
do that. It is airplane, period.
We are also in a very difficult period of adjustment in our
interisland air travel. One airline is now in bankruptcy so we face the
possibility of a monopoly with fees increasing and capacity reducing.
We do have EAS designation for three extremely rural airports in
Hawaii, and that is very appropriate; but I could easily make the
argument that all Hawaii airports, big or small, rural or urban, are
essentially EAS airports.
In conclusion, I simply want to highlight the absolute necessity of
EAS to States like Hawaii.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from
Montana (Mr. Rehberg), the former lieutenant governor of the State of
Montana.
Mr. REHBERG. Mr. Chairman, I thank the gentleman for recognizing the
differences between districts. The gentleman from New York (Mr.
Crowley) is going to be speaking, and I want to highlight why essential
air service is important to the State of Montana.
The gentleman from New York had to come all of the way to the State
of Montana to find his future wife, but our districts could not be more
dissimilar. He represents 75 square miles with LaGuardia in the middle.
My district spans the distance from Washington, D.C. to Chicago.
Washington, D.C. to Chicago. We have eight communities. When I travel
back to my district, it takes me 7 hours to get to my district by air.
I jump in a car, and just to get to one of the communities to have a
listening session on an Indian reservation, it takes me another 6 hours
to drive. We need essential air.
This country made a commitment in rail many years ago. It made a
commitment in our interstate system many years ago, and it made a
commitment to essential air service. I cannot think of a more
appropriate name than essential air service.
When I came to Congress, I said I want to know about other people's
districts so I know what kinds of things they are confronted with. I
can see the problem between islands that the gentleman from Hawaii
spoke about. People cannot swim necessarily between islands. Do you
want grandmother and grandpa driving 324 miles to get to the hospital?
They have no alternatives. They cannot get on Amtrak; they cannot call
a cab and ride 324 miles to see their doctor. We need essential air
service. This committee and this Congress has made that recognition
through this bill, and I hope Members will look favorably upon the
bill; and I thank the gentleman from Florida (Mr. Mica) for his hard
work on this bill, and I thank the gentleman from New York (Mr.
Crowley) for taking his wife and moving her to New York.
[[Page H5208]]
Mr. DeFAZIO. Mr. Chairman, may I inquire as to the time remaining.
The CHAIRMAN. The gentleman from Oregon (Mr. DeFazio) has 4\1/2\
minutes remaining, and the gentleman from Florida (Mr. Mica) has 9
minutes remaining.
Mr. DeFAZIO. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I would like to respond to the gentleman
from Montana (Mr. Rehberg), but I do not have the time to do it right
now.
I rise to engage in a colloquy with the gentleman from Oregon (Mr.
DeFazio) and the gentleman from Florida (Mr. Mica) and call attention
to the serious issue of noise pollution and the effects of airport
noise in the communities surrounding LaGuardia Airport in Queens and
the Bronx, New York, as well as the other communities surrounding the
four airports of the Port Authority of New York and New Jersey.
To date, the Port Authority of New York and New Jersey has
continually refused to provide for residential soundproofing for these
homes or to undertake a part 150 noise compatibility study, which would
allow the Port Authority to tap into tens of millions of Federal noise
abatement dollars for residential soundproofing.
If one looks at the 10 largest airports in America, all of them spend
money on residential soundproofing except the Port Authority of New
York and New Jersey, which governs LaGuardia Airport, Kennedy Airport,
Teterboro Airport, and Newark Airport.
While the Port Authority has contacted me to state they would be
willing to work with my office and our congressional delegation,
including the gentleman from New York (Mr. Ackerman), the gentlewoman
from New York (Mrs. Lowey), and the gentleman from New York (Mr.
Weiner), to address these noise problems, it is my hope and the hope of
the communities surrounding LaGuardia Airport that they will begin
residential soundproofing of homes.
That is why I would like to address this issue and request assistance
to work with me on crafting report language to make the Port Authority
of New York and New Jersey a better and more responsible neighbor, so
they will address noise problems created at their airports, especially
as they affect residents living near these airports.
Mr. DeFAZIO. Mr. Chairman, will the gentleman yield?
Mr. CROWLEY. I yield to the gentleman from Oregon.
Mr. DeFAZIO. Mr. Chairman, I commend the gentleman from New York (Mr.
Crowley) on his fierce advocacy on this issue and the fact that we are
beginning to see some movement on the part of the Port Authority. It is
astounding they have not undertaken such a study. I want to continue to
work with the gentleman and the Chair and others to see that we begin
to move ahead on this issue.
Mr. MICA. Mr. Chairman, will the gentleman yield?
Mr. CROWLEY. I yield to the gentleman from Florida.
Mr. MICA. Mr. Chairman, I thank the gentleman for raising this
important issue before the House, and I look forward to working with
him to come to a fair solution to the problem raised by him.
Mr. Chairman, I yield 2 minutes to the gentleman from Nebraska (Mr.
Terry), a former member of the Committee on Transportation and the
Infrastructure.
Mr. TERRY. Mr. Chairman, I rise in support of this important bill. It
continues the philosophy embraced in AIR 21, which accomplished two
significant things. First of all, it recognized the importance of the
infrastructure of our airports and the necessity to modernize and
expand. I am proud that this bill embraces that philosophy. The Omaha
Epplay Airport at one time was one of the fastest growing airports in
the Midwest and certainly requires additional infrastructure.
Also in regard to safety, once you are in the air with the capacity
that is necessary to move people back and forth in today's economy, it
is necessary that we modernize in that area; and I am proud that this
bill continues to modernize and make air travel even safer.
I do, however, have concerns about what I call the ``front end
security'' in our airports. That is a variety of different issues that,
I think while the gentleman is helping air travel with this bill, I
worry that with the convoluted, confusing airport security in our
airports today that we are not chasing passengers away. The number of
airports that I have walked through since we have adopted airport
security, I see the number of screeners and baggage handlers more than
double, but what I see is longer lines. From my view, just as
efficient, if not less efficient, airport screening. I see different
rules from one airport to another in regard to how they handle baggage
and requirement of IDs.
I have heard from many of my constituents complaints about the
arrogance of those people now checking the bags and the difficulties
that they have had. We did not hear those types of stories before.
Maybe some of that comes from the fact that the Federal security
directors in these airports are mostly retired military.
Mr. Chairman, are these issues going to be addressed by the
committee?
Mr. MICA. Mr. Chairman, I yield myself 30 seconds to answer the
gentleman's question.
Mr. Chairman, I want to assure the gentleman from Nebraska that while
we do not address in this particular legislative measure before us
today security issues raised by the gentleman, they will be addressed
in a separate piece of legislation that is now pending, consideration
by leadership and homeland security. Certainly all of the issues that
the gentleman raised have been raised by other Members, and we will try
to right-size and correct some of the problems with TSA and aviation
security.
Mr. DeFAZIO. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me this
time, and I thank the gentleman from Minnesota (Mr. Oberstar), the
gentleman from Florida (Mr. Mica), and the chairman of the full
committee for the bipartisan way in which they have put together a very
good bill.
Mr. Chairman, I ask Members to imagine their own district if general
aviation or charters had been closed down since 9-11. Whether Members
are from a small or large area, there would have been a demonstrable
effect on the economy, and, indeed, on your way of life. And the last
place one would expect that to happen is in the Nation's capital; but
that is what has happened at Reagan National Airport, even though this
area is a huge economic engine for the country because of the high-tech
and other employers located here. And, of course, this is where the
Nation's capital is located.
I want to thank the gentleman from Alaska (Mr. Young) and the
gentleman from Florida (Mr. Mica) for having supported the reopening of
general aviation at Reagan National after listening to all of the
security concerns, including secured briefings. General aviation is up
and operating everywhere else in the United States. Yes, at Dulles from
whence the Pentagon plane came, at New York where the Twin Towers were
struck, and at BWI. Why is it not up here, especially when the Reagan
contractors have said they will submit to any plan imposed by the
Transportation and Safety Agency? None has been forthcoming.
Mr. Chairman, there is a plan. We know there is a plan, and we know
that the TSA was about to offer a plan more than a year ago; but no
plan has been published. I had an amendment that said publish a plan
and let us speak on it. No one would compel them to put a plan in
operation. General aviation is not closed. It must be kept open for the
convenience of the government. Therefore, there are two employees there
for the convenience of Federal and State and local takeoffs and
landings.
The lesson from 9-11 is that security takes place on the ground or
else it does not take place at all. We have some fail-safes for planes.
But general aviation or charters, it would be easy enough to impose
absolute measures: special screening, limited takeoffs and landings. I
could go on and on. We cannot allow 9-11 to shut down any part of the
national economy. They have already done so here. It is a notch in
their belts; let us take that notch away.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from North
[[Page H5209]]
Carolina (Mr. Hayes), a very knowledgeable member and a pilot who
serves on our subcommittee.
{time} 1445
Mr. HAYES. Mr. Chairman, as a person with an experienced perspective
on aviation and the role of aviation in promoting economic investment,
I want to thank the gentleman from Florida (Mr. Mica), the gentleman
from Alaska (Mr. Young), the gentleman from Minnesota (Mr. Oberstar),
and the gentleman from Oregon (Mr. DeFazio) for their leadership in
working with Members to craft this excellent current legislation which
I strongly support.
Modernization of the air traffic control system through an innovative
financing program that they have included in this bill is very helpful
to provide the kind of safety that we seek in our air traffic control.
Keeping air traffic control from being privatized is very important. We
have done that in this bill. Funding. Providing significant increases
in the AIP, Airport Improvement Fund, is important. We have done that.
Streamlining provisions which allow for runways and expansion to be
accelerated without compromising any of our environmental concerns is
in this bill and vitally important to helping alleviate future
congestion in the system.
All of these and many other provisions included in the bill will
strengthen the aviation industry, our transportation system, and will
grow our economy for future generations.
Mr. Chairman, I appreciate the efforts, I appreciate the attention
that was paid to the fine personnel who operate the finest and safest
air traffic control system in the world, and I appreciate Members'
support for this bill.
Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Texas
(Mr. Barton).
Mr. BARTON of Texas. Mr. Chairman, I would like to engage the
gentleman from Florida in a colloquy concerning section 521 of H.R.
2115.
Section 521 concerns what is known as ``general conformity'' under
the Clean Air Act. As reported from the Committee on Transportation and
Infrastructure, the provision would require joint action by the
Department of Transportation and the Environmental Protection Agency
regarding appropriate emission credits for airport projects. The
section would also authorize a pilot program to retrofit airport ground
equipment at airports located in nonattainment or maintenance areas, as
defined in the Clean Air Act.
This provision is within the jurisdiction of the Committee on Energy
and Commerce and the Subcommittee on Energy and Air Quality that I am
chairman of. I share the broad goals of this provision, but I have some
concerns regarding the current legislative language, including the
requirement for joint action. While the language indicates provision of
the credits should be ``consistent'' with the Clean Air Act, the
current construction may be subject to misinterpretation. It may also
be in conflict with the present statutory role of the Environmental
Protection Agency under the Clean Air Act. Therefore, I would seek the
gentleman's assurances that the Energy and Commerce Committee's
interests will be protected in conference and that any final
legislative language regarding section 521 be subject to the review and
concurrence of the committee that I serve on.
Mr. MICA. Mr. Chairman, will the gentleman yield?
Mr. BARTON of Texas. I yield to the gentleman from Florida.
Mr. MICA. The gentleman has my assurances that this will be the case
and that I will work with the gentleman to see that the appropriate
changes are made in conference.
Mr. BARTON of Texas. I want to thank the gentleman from Florida for
his assurances and look forward to working with him during the upcoming
conference.
Mr. MICA. Mr. Chairman, I am pleased in the spirit of bipartisanship,
the good spirit in which the legislation has been crafted together with
both sides of the aisle, to yield 1 minute to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Chairman, I thank the very distinguished
subcommittee chairman not just for yielding me this time but for the
fact that this committee, I understand, has really been pretty fair to
the Washington area, because I know the pressure that is on the
committee with regard to National Airport, to expand the slots not just
incrementally but exponentially because everyone would like the
convenience of National Airport and a lot of the airlines would like
transcontinental flights.
But we have a very serious concern. I know the chairman knows that, I
know the gentleman from Minnesota (Mr. Oberstar) is aware of that and
the gentleman from Alaska (Mr. Young), all of the people that have been
involved in this know that there was an agreement signed back in 1986
where the Washington area took over the financing and operational
responsibility for National and Dulles airports. The deal was that the
Congress would not micromanage. Yet we do have 20 additional slots here
and we have 12 slots that go beyond the 1,250-mile perimeter rule which
was a very basic part of that agreement. The gentlewoman from the
District of Columbia (Ms. Norton) and I have a very serious concern
with expanding those slots. What we would like at least is an agreement
that we will take out the so-called ``come see me'' provision so this
would be the end of the slot expansion and we would like to get general
aviation opened. I know that the gentleman from Florida (Mr. Mica) has
been working on general aviation. It is very important to our economy
but important to so many economies throughout the country. It does not
make sense to keep general aviation closed.
Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to thank again the gentleman from Minnesota (Mr.
Oberstar), the gentleman from Oregon (Mr. DeFazio), and particularly
the gentleman from Alaska (Mr. Young) for their leadership in putting
this legislation together. There are a number of difficult issues. I
particularly again want to reiterate thanks to the staff who have
worked long and hard to bring this measure in rapid order before the
House of Representatives.
Mr. Chairman, this is a vital piece of legislation. I think all we
have to do is look back on the events of September 11. If you took
American aviation for granted, certainly that day was an awakening.
Every day since September 11, we have struggled to get back on our
feet. We have seen the hundreds of thousands of jobs that have been
lost in our economy as a result of damage done not only by the events
of September 11 but the struggling difficulties of our major air
carriers. We take aviation for granted in this United States. It has
provided a magic carpet, a way of life unknown by any people who have
ever walked the face of this Earth, but it has become a part of the
very fabric of our society. This legislation will set our policy for
the next 4 years as far as aviation, so it is very important.
We heard from the gentleman from Virginia and the gentlewoman from
the District of Columbia how a closedown in just general aviation has
affected the Nation's capital and the areas they represent. We cannot
have that anywhere. We are willing to work with them and work with all
to make certain that we restore this vital industry, that we restore
jobs and that we protect a way of life for the American people. That
is, to travel again in a manner in which only we can think about today
and only 100 years ago the Wright brothers could dream about.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I rise to voice my concerns
over this legislation.
Every few year, we return to the issue of adding slots at Reagan
National. Every few years we tinker around with the Washington area
airports in ways that congress shouldn't be tinkering.
It might be more convenient for some people to have the flights they
want on airlines they want to favor, but these actions have real
effects on the economy of my district in ways that I believe are not
fully appreciated.
Three airports--Reagan National, Dulles, and Baltimore/Washington,
serve Washington, D.C. region. Our region--my district--has developed
around the services these airports provide. Along the Reston corridor
one can see all the tech firms that have established themselves over
recent years. One of the main reasons--one of the main selling points--
for these companies to locate in
[[Page H5210]]
Northern Virginia was the fact that Dulles airport provided an
accessible, convenient transportation hub for flights all over the
globe.
It is not a secret that the airline industry is in deep financial
trouble. United Airlines, which operates 60 percent of the flights at
Dulles, is struggling to emerge from bankruptcy. They are struggling to
deal with the fallout from the War in Iraq, SARS, terrorism--and they
are facing increased pressure form the bankruptcy court to abandon
their Dulles hub. Understand that continuing to divert traffic away
from Dulles, especially long-haul traffic, gives more fuel to those who
would have United leave Dulles.
I hope you understand why this is so important to me. This isn't
solely a debate about noise and increased air traffic, although those
are important issues to my constituents as well. It is a debate about
continuing to erode the cornerstone of the Northern Virginia high-tech
corridor.
That said, it seems a little unfair that if we must continue to add
outside-the-perimeter slots at National, that we do not allow U.S.
Airways--the airline that has put so many resources into making Reagan
National a world-class airport--the opportunity get any of them. U.S.
Airways is also an important part of our economy in Northern Virginia.
They have done an outstanding job to re-emerge from bankruptcy, and I
think it is time we started recognizing the contributions they have
made for the National Capital Region.
To close, I would love to see an end to Congressional micromanagement
in MWAA affairs. I am hopeful this will eventually happen. Until then,
understand the true nature of my opposition to adding more long-haul
flights to National.
Mr. COSTELLO. Mr. Chairman, I rise today in support of H.R. 2115,
Flight 100, the Century of Aviation Reauthorization Act. This is a good
bill and I urge my colleagues to join me in supporting this
legislation.
When this Congress passed AIR-21 in 2000, we significantly increased
funding for aviation programs, especially the Airport Improvement
Program (AIP), in order to increase capacity to help cope with record
high aviation traffic and unprecedented delays.
While air traffic has declined in the last three years due to a
variety of factors, including the attacks of September 11th, the
slumping economy and the SARS outbreak, no one expects these declines
to be permanent, and the FAA is forecasting a return to record levels
in 2006. Our Nation's aviation infrastructure needs to be prepared for
this growth in traffic, and this bill keeps us on track to do so.
Flight 100 authorizes $58.9 billion over four years for the programs
and activities of the FAA, including $14.3 billion for FY04. It
continues the budgetary protections that allowed us to increase funding
in AIR-21, and continues to provide slightly increased annual funding
for the AIP program.
In addition, the bill increases the entitlement for cargo airports,
prohibits the privatization of air traffic controllers, allows airports
to use some of their AIP money to modify terminals to install explosive
detection systems, extends the government's ability to offer war-risk
insurance until 2007 for domestic flights and increases the amount that
airports in the military airport program may use for terminal
development, parking lots, fuel farms or hanger construction.
Mr. Chairman, which this bill does not do everything that I would
like it to do, overall it continues good aviation policies and will
serve to strengthen our aviation infrastructure over the next four
years. I urge my colleagues to join me in voting yes for this bill.
Mr. CASE. Mr. Chairman, my purpose in rising today is to highlight
the absolute dependence of some parts of our country on air service and
thus the absolute importance of the Essential Air Services (EAS)
portions of the law and of this bill, and also the necessity as we go
forward of avoiding one-size-fits-all thinking when we deal with the
problems of our rural communities in providing EAS.
Imagine a district in which air service is truly indispensable to
providing the basic necessities, to transporting residents, to
providing emergency medical service, and to the survival and prosperity
of its number one industry, tourism, and several other important
industries like agriculture which are based on exports.
That's Hawaii today, and that's my Second District--a district that
has all of Hawaii other than urban Honolulu, and is composed of seven
inhabited islands--it's absolutely unique. And let me give an example
of how this uniqueness doesn't work with one-size-fits-all thinking. A
great deal of EAS discussion concerns how far airports are apart from
each other. And both Mr. Peterson and Mr. Pitts are offering amendments
today, which I fully support, that deal with ``How far apart are
airports?'' Well, the airport on Molokai is somewhere around 40 miles
from Honolulu International Airport as the crow flies. Not too far. But
guess what--no road. No road, it's on another island. So we've got to
think about unique circumstances in designing legislation.
The options are nonexistent for air service on these islands. No
driving, no highways, no rail, no trains, no Amtrak subsidies, no
ferries--can't do that. It's air, period!
We are also in a very difficult period of adjustment in our
interisland air travel. Essentially we've had a duopoly--and one
airline is now in bankruptcy so we face the possibility of a monopoly.
And fees are increasing rapidly while capacity is decreasing.
We do have EAS designation for three extremely rural airports in
Hawaii, and that is very appropriate. But I could easily make the
argument that all Hawaii airports--big or small, rural or urban--are
essentially EAS airports.
So in conclusion, I simply want to highlight, as this bill goes
forward, the absolute necessity of EAS for states like Hawaii, and to
say: think about unique circumstances.
Mr. MICA. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill, modified by the amendment printed in
part A of House Report 108-146, shall be considered as an original bill
for the purpose of amendment under the 5-minute rule and shall be
considered read.
The text of the committee amendment in the nature of a substitute, as
modified, is as follows:
H.R. 2115
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Flight
100--Century of Aviation Reauthorization Act''.
(b) Table of Contents.--
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 replacement 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.
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 notice.
Sec. 424. Noise exposure maps.
[[Page H5211]]
Sec. 425. Amendment of general fee schedule provision.
Sec. 426. Improvement of curriculum standards for aviation maintenance
technicians.
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
Specialists.
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 activities.
Sec. 442. General aviation flights at Ronald Reagan Washington National
Airport.
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.
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
governments.
Sec. 523. Prohibition on requiring airports to provide rent-free space
for Federal Aviation Administration.
Sec. 524. Midway Island Airport.
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.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k) is amended to read as
follows:
``(k) Authorization of Appropriations.--
``(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and maintenance of
the Administration--
``(A) $7,591,000,000 for fiscal year 2004;
``(B) $7,732,000,000 for fiscal year 2005;
``(C) $7,889,000,000 for fiscal year 2006; and
``(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
``(2) Operation of center for management and development.--
Out of amounts appropriated under paragraph (1), such sums as
may be necessary may be expended by the Center for Management
Development of the Federal Aviation Administration to operate
at least 200 courses each year and to support associated
student travel for both residential and field courses.
``(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 establishment and operation of a new
office to develop, in coordination with the Department of
Defense, the National Aeronautics and Space Administration,
and the Department of Homeland Security, the next generation
air traffic management system and a transition 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 procedures.--Out of amounts
appropriated under paragraph (1), such sums as may be
necessary may be expended by the Federal Aviation
Administration for the establishment of helicopter and
tiltrotor approach and departure procedures using advanced
technologies, such as the Global Positioning System and
automatic dependent surveillance, to permit operations in
adverse weather conditions to meet the needs of air ambulance
services.
``(5) Additional air traffic controllers.--Out of amounts
appropriated under paragraph (1), such sums as may be
necessary may be 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 safety 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 authorized to be
appropriated to the Secretary of Transportation, out of the
Airport and Airway Trust Fund established by section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502),
$3,971,000 for fiscal year 2004, $4,045,000 for fiscal year
2005, $4,127,000 for fiscal year 2006, and $4,219,000 for
fiscal year 2007 to gather airline data and conduct analyses
of such data in the Bureau of Transportation Statistics of
the Department of Transportation.
(c) Human Capital Workforce Strategy.--
(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 Accounting
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 Administrator shall transmit
to Congress a report describing 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:
``(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 inserting the
following:
``(c) Enhanced Safety and Security for Aircraft 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 communications and surveillance, and
weather services in the Gulf of Mexico.
``(d) Operational Benefits of Wake Vortex Advisory
System.--Of amounts appropriated under subsection (a),
$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, operation, and maintenance of a closed-
loop precision approach aid designed to improve aircraft
accessibility at mountainous 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 ``necessary''.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``September 30, 1998'' and inserting
``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.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2003'' and inserting ``September 30,
2007''.
SEC. 104. ADDITIONAL REAUTHORIZATIONS.
(a) Contract Air Traffic Control Tower Pilot Program.--
Section 47124(b)(3)(E) is amended by striking ``$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''.
[[Page H5212]]
(c) Regional Air Service Incentive Program.--Section 41766
is amended by striking ``2003'' and inserting ``2007''.
(d) Funding for Aviation Programs.--Section 106 of the
Wendell H. Ford Aviation Investment and Reform Act for the
21st Century (49 U.S.C. 48101 note) is amended by striking
``2003'' each place it appears and inserting ``2007''.
(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 Authority.--Section
49108 is amended by striking ``2004'' and inserting ``2007''.
SEC. 105. INSURANCE.
(a) Termination.--Section 44310 is amended to read as
follows:
``Sec. 44310. Termination date
``Effective December 31, 2007, the authority of the
Secretary of Transportation to provide insurance and
reinsurance under this chapter shall be limited to--
``(1) the operation of an aircraft by an air carrier 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, agency, 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''.
(c) Aircraft Manufacturer Liability for Third Party Claims
Arising Out of Acts of Terrorism.--Section 44303(b) is
amended by adding at the end the following: ``The Secretary
may extend the provisions of this subsection to 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:
``Sec. 44310. Vendors, agents, subcontractors, and
manufacturers
``(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' 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 relating 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 Transportation 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-effectiveness
and feasibility of long-term financing of modernization 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. Such amendments may be for more than
one, but not more than 10 fiscal years.
(b) Cancellation.--A contract described in subsection (a)
may include a cancellation provision if the Administrator
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 contractor
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 contractor.
(c) Contract Provisions.--If feasible and practicable for
the pilot program, the Administrator may make an advance
contract provision to achieve economic-lot purchases 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 management system of the
Administration.
(e) Annual Reports.--At the end of each fiscal year during
the term of the pilot program, the Administrator shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee 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 program'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;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport
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 inserting after
section 47153 the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``Sec. 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 enhancement projects at
congested airports.
``(b) Coordinated Reviews.--
``(1) In general.--The coordinated review process under
this section shall provide that all environmental reviews,
analyses, opinions, permits, licenses, and approvals that
must be issued or made by a Federal agency or airport sponsor
for an airport capacity enhancement project at a congested
airport will be conducted concurrently, to the maximum extent
practicable, and completed within a time period established
by the Secretary, in cooperation with the agencies identified
under subsection (c) with respect to the project.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable
the agency to ensure completion of environmental reviews,
analyses, opinions, permits, licenses, and approvals
described in paragraph (1) in a timely and environmentally
responsible manner.
``(c) Identification of Jurisdictional Agencies.--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 analysis of the project or
determine whether to issue an environmental-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 environmental-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 coordinated review
process developed under this section may 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 established under subsection (b) for the project,
the Secretary shall notify, within 30 days of the date of
such determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Council on Environmental Quality, and the agency or sponsor
involved 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
Transportation of the Senate, and the Council on
Environmental Quality explaining why the agency or sponsor
did not meet the deadline and what actions it intends to take
to
[[Page H5213]]
complete or issue the required review, 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 analysis
of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by
the project purpose and need as defined by the Secretary.
``(h) Alternatives Analysis.--The Secretary shall determine
the reasonable alternatives to an airport capacity
enhancement project at a congested airport. Any other Federal
or State agency that is participating in a coordinated 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 Comments.--In
applying subsections (g) and (h), the Secretary shall solicit
and consider comments from interested persons and
governmental entities.
``(j) Monitoring by Task Force.--The Transportation
Infrastructure Streamlining Task Force, established 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.
``Sec. 47172. Categorical exclusions
``Not later than 120 days after the date of enactment of
this section, the Secretary of Transportation shall develop
and publish a list of categorical exclusions from the
requirement that an environmental assessment or an
environmental impact statement be prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects at airports.
``Sec. 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;
``(2) is the most appropriate and a cost-effective measure
to mitigate those impacts, taking into consideration 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.
``Sec. 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 significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures
described in subsection (a) may include the insulation 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.
``Sec. 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 provided to the sponsor
under section 47114(c), to hire additional staff or obtain
the services of consultants in order to facilitate the timely
processing, review, and completion of environmental
activities associated with an airport development project.
``(b) Administrative Provision.--Instead of payment from an
airport sponsor from funds apportioned to the sponsor under
section 47114, the Administrator, with 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 activities described in
subsection (a).
``(c) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section, except funds transferred 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 pursuant to
subsection (b), in any fiscal year in which the Federal
Aviation Administration does not allocate at least the amount
it expended in fiscal year 2002, excluding amounts accepted
pursuant to section 337 of the Department of Transportation
and Related Agencies Appropriations Act, 2002 (115 Stat.
862), for the activities described in subsection (a).
``Sec. 47176. Authorization of appropriations
``In addition to the amounts authorized to be appropriated
under section 106(k), there is authorized to be appropriated
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 airports.
``Sec. 47177. Designation of aviation safety and aviation
security projects for priority environmental review
``(a) In General.--The Administrator of the Federal
Aviation Administration may designate an aviation safety or
aviation security project for priority environmental review.
The Administrator may not delegate this designation
authority.
``(b) Project Designation Criteria.--The Administrator
shall establish guidelines for the designation of an aviation
safety or aviation security project for priority
environmental review. Such guidelines shall include
consideration of--
``(1) the importance or urgency of the project;
``(2) the potential for undertaking the environmental
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 coordinated
environmental reviews.--The Administrator, in consultation
with the heads of affected 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 review expeditiously and, to the maximum extent
possible, concurrently with other such reviews.
``(2) Agency participation.--Each Federal agency identified
under subsection (c) shall formulate and implement
administrative, policy, and procedural mechanisms to enable
the agency to ensure completion of environmental reviews,
analyses, opinions, permits, licenses, and approvals
described in paragraph (1) in a timely and environmentally
responsible manner.
``(d) State Participation.--
``(1) Invitation to participate.--If a priority
environmental review process is being implemented 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 participate 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 environmental review or analysis of the project to
determine whether to issue an environmentally related permit,
license, or approval for the project, be subject to the
process.
``(e) Failure To Give Priority Review.--
``(1) Notice.--If the Secretary of Transportation
determines that a Federal agency or a participating State is
not complying with the requirements of this section and that
such noncompliance is undermining the environmental review
process, the Secretary shall notify, within 30 days of such
determination, the head of the Federal agency or, with
respect to a State agency, the Governor of the State.
``(2) Report to secretary.--A Federal agency 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
notification and what remedial actions the agency intends to
take.
``(3) Notification of ceq and committees.--If the Secretary
determines that a Federal agency has not satisfactorily
addressed the problems within a reasonable period of time
following a notification under paragraph (1), the Secretary
shall notify the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science and Transportation of the Senate, and
the Council on Environmental Quality.
``(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 aircraft
[[Page H5214]]
and property, as determined by the Administrator; and
``(B)(i) is needed to respond to a recommendation from the
National Transportation Safety Board; or
``(ii) is necessary for an airport to comply with part 139
of title 14, Code of Federal Regulations (relating to airport
certification).
``(2) Aviation security project.--The term `aviation
security project' means a security project at an airport
required by the Department of Homeland Security.
``(3) Federal agency.--The term `Federal agency' means a
department or agency of the United States Government.
``Sec. 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 `congested 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
Airport Capacity Benchmark Report 2001.
``(3) Airport capacity enhancement project.--The term
`airport capacity enhancement project' means--
``(A) a project for construction or extension of a runway,
including any land acquisition, taxiway, or safety area
associated with the runway or runway extension; and
``(B) such other airport development projects as the
Secretary may designate as facilitating 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'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (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 subparagraph (C);
(3) by striking the period at the end of subparagraph (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 commitment 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
requirements of part 150 of title 14, Code of Federal
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
infrastructure project under Executive Order 13274 (67 Fed.
Reg. 59449; relating to environmental stewardship and
transportation infrastructure project reviews).
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 subparagraph (C)(i)
``, except that initial appointments made after May 1, 2003,
shall be made by the Secretary of Transportation'';
(C) by striking the semicolon at the end of subparagraph
(C)(ii) and inserting ``; and''; and
(D) by striking ``employees, by--'' in subparagraph (D) and
all that follows through the period at the end of
subparagraph (E) and inserting ``employees, by the Secretary
of Transportation.''.
SEC. 302. REORGANIZATION OF THE AIR TRAFFIC SERVICES
SUBCOMMITTEE.
Section 106(p) is amended--
(1) in paragraph (3)--
(A) by striking ``(A) No federal officer 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 the date of enactment of the Flight 100--Century of
Aviation Reauthorization Act who shall serve as members of
the Board until their respective 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 paragraph (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 Subcommittee'' and
inserting ``Board'';
(10) in paragraph (6)(I)(i)--
(A) by striking ``appointed under paragraph (2)(E) is'' and
inserting ``is serving as''; and
(B) by striking ``Subcommittee'' and inserting ``Board'';
(11) in paragraph (6)(I)(ii)--
(A) by striking ``appointed under paragraph (2)(E)'' and
inserting ``who is a member of the Board''; and
(B) by striking ``Subcommittee'' and inserting ``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 inserting the
following:
``(A) Establishment.--The Administrator shall establish a
board that is independent of the Council by converting the
Air Traffic Services Subcommittee of the Council, as in
effect on the day before the date of enactment of the Flight
100--Century of Aviation Reauthorization Act, into such
board. The board shall be known as the Air Traffic Services
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 qualifications.--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 responsibility to represent
the public interest;
``(ii) shall be citizens of the United States; and
``(iii) shall be appointed without regard to political
affiliation and solely on the basis of their professional
experience and expertise in one or more of the following
areas and, in the aggregate, should collectively bring to
bear expertise in all of the following areas:
``(I) Management of large service organizations.
``(II) Customer service.
``(III) Management of large procurements.
``(IV) Information and communications 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 section 208 of title 18;
``(ii) engage in another business related to aviation or
aeronautics; or
``(iii) be a member of any organization that engages, as a
substantial part of its activities, in activities to
influence aviation-related legislation.'';
[[Page H5215]]
(E) by striking ``Subcommittee'' each place it appears in
subparagraphs (D) and (E) (as redesignated by subparagraph
(C) of this paragraph) 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 submit'' 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
recommendations referred to in clause (v) to the President
who shall transmit such recommendations to the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate together with the
annual budget request of the Federal Aviation
Administration.'';
(J) by striking subparagraph (F) (as so redesignated) and
inserting the following:
``(F) Board personnel matters.--The Board may appoint and
terminate any personnel that may be necessary to enable the
Board to perform its duties, and may procure temporary and
intermittent services under section 40122.'';
(K) in subparagraph (G) (as so redesignated)--
(i) by striking clause (i);
(ii) by redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively; and
(iii) by striking ``Subcommittee'' each place it appears in
clauses (i), (ii), and (iii) (as so redesignated) and
inserting ``Board'';
(L) in subparagraph (H) (as so redesignated)--
(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 authorized 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 inserting ``Air Traffic
Services Board'';
(2) in paragraph (2)(B) by inserting ``in'' before
``paragraph (3).'';
(3) in paragraph (3) by striking ``Air Traffic Control
Subcommittee of the Aviation Management Advisory Committee''
and inserting ``Air Traffic Services Board'';
(4) in paragraph (4) by striking ``Transportation 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 establishment of'' and
inserting ``in order to further'';
(6) in paragraph (5)(B)--
(A) by striking ``review'' and all that follows through
``Administration,'' and inserting ``oversee the day-to-day
operational functions of the Administration for air traffic
control,'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(D) by adding at the end the following:
``(iv) the management of cost-reimbursable contracts.'';
(7) in paragraph (5)(C)(i) by striking ``prepared by the
Administrator'';
(8) in paragraph (5)(C)(ii) by striking ``and the Secretary
of Transportation'' and inserting ``and the Board''; and
(9) in paragraph (5)(C)(iii)--
(A) by inserting ``agency's'' before ``annual''; and
(B) by striking ``developed under subparagraph (A) of this
subsection.'' and inserting ``for air traffic control
services.''.
SEC. 304. SMALL BUSINESS OMBUDSMAN.
Section 106 is amended by adding at the end the following:
``(s) Small Business Ombudsman.--
``(1) Establishment.--There shall be in the Administration
a Small Business Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with small businesses in the
aviation industry;
``(C) be consulted when the Administrator proposes
regulations that may affect small businesses in the aviation
industry;
``(D) provide assistance to small businesses in resolving
disputes with the Administration; and
``(E) report directly to the Administrator.''.
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 actions
taken by the Administrator under this section.
TITLE IV--AIRLINE SERVICE IMPROVEMENTS
SEC. 401. IMPROVEMENT OF AVIATION INFORMATION COLLECTION.
(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.
(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 Advance Notice of Proposed
Rulemaking published July 15, 1998 (Regulation Identifier
Number 2105-AC71), that reduces the reporting burden for air
carriers through electronic filing of the survey data
collected under section 329(b)(1) of title 49, United States
Code.
SEC. 402. DATA ON INCIDENTS AND COMPLAINTS INVOLVING
PASSENGER AND BAGGAGE SECURITY SCREENING.
Section 329 is amended by adding at the end the following:
``(e) Incidents and Complaints Involving Passenger and
Baggage Security Screening.--
``(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 consumer complaint and incident data.
``(2) Monthly reports from secretary of homeland
security.--To assist the Secretary of Transportation in the
publication of data under paragraph (1), the Secretary of
Homeland Security shall submit monthly to the Secretary of
Transportation a 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 following:
``(42) `small hub airport' means a commercial service
airport (as defined in section 47102) that has at least 0.05
percent but less than 0.25 percent of the passenger
boardings.'';
(3) by redesignating paragraphs (33) through (37) as
paragraphs (37) through (41) respectively;
(4) by inserting after paragraph (32) the following:
``(36) `passenger boardings'--
``(A) means, unless the context indicates otherwise,
revenue passenger boardings in the United States in the prior
calendar year on an aircraft in service in air commerce, as
the Secretary determines under regulations the Secretary
prescribes; and
``(B) includes passengers who continue on an aircraft in
international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic
purpose.'';
(5) by redesignating paragraph (32) as paragraph (35);
(6) by inserting after paragraph (31) the following:
``(34) `nonhub airport' means a commercial service airport
(as defined in section 47102) that has less than 0.05 percent
of the passenger boardings.'';
(7) by redesignating paragraphs (30) and (31) as paragraphs
(32) and (33), respectively;
(8) by inserting after paragraph (29) the following:
``(31) `medium hub airport' means a commercial service
airport (as defined in section 47102) that has at least 0.25
percent but less than 1.0 percent of the passenger
boardings.'';
(9) by redesignating paragraph (29) as paragraph (30); and
(10) by inserting after paragraph (28) the following:
``(29) `large hub airport' means a commercial service
airport (as defined in section 47102) that has at least 1.0
percent of the passenger boardings.''.
(b) Conforming Amendments.--
(1) Air service termination notice.--Section 41719(d) is
amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(2) Small community air service.--Section 41731(a) is
amended by striking paragraphs (3) through (5).
(3) Airports not receiving sufficient service.--Section
41743 is amended--
(A) in subsection (c)(1) by striking ``(as that term is
defined in section 41731(a)(5))''; and
(B) in subsection (f) by striking ``(as defined in section
41731(a)(3))''.
(4) Preservation of basic essential air service at single
carrier dominated hub airports.--Section 41744(b) is amended
by striking ``(as defined in section 41731)''.
(5) Regional air service incentive program.--Section 41762
is amended--
(A) by striking paragraphs (11) and (15); and
(B) by redesignating paragraphs (12), (13), (14), and (16)
as paragraphs (11), (12), (13), and (14), respectively.
SEC. 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 ``Administration may--'';
(2) by striking subparagraph (D);
(3) by redesignating subparagraphs (A), (B), (C), (E), and
(F) as paragraphs (1), (2), (3), (4), and (5) respectively;
and
[[Page H5216]]
(4) by moving such paragraphs (1) through (5) 2 ems to the
left.
(b) Acquisition Management System.--Section 40110(d) is
amended--
(1) in paragraph (1)--
(A) by striking ``, not later than January 1, 1996,''; and
(B) by striking ``provides for more timely and cost-
effective acquisitions of equipment and materials.'' and
inserting the following:
``provides for--
``(A) more timely and cost-effective acquisitions of
equipment, services, property, and materials; and
``(B) the resolution of bid protests and contract disputes
related thereto, using consensual 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 contract dispute that is not
addressed or resolved through alternative dispute resolution
shall be adjudicated by the Administrator through Dispute
Resolution Officers or Special Masters of the Federal
Aviation Administration Office of Dispute Resolution for
Acquisition, acting pursuant to sections 46102, 46104, 46105,
46106 and 46107.''.
(c) Authority of Administrator To Acquire Services.--
Section 106(f)(2)(A)(ii) is amended by inserting ``,
services,'' after ``property''.
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 conversion of ground
support equipment or airport-owned vehicles used at a
commercial service airport with, or to, low-emission
technology (as defined in section 47102) or cleaner burning
conventional 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
Environmental Protection Agency to reduce emissions, if the
airport is located in an air quality nonattainment area (as
defined in section 171(2) of the Clean Air Act (42 U.S.C.
7501(2)) or a maintenance area referred to in section 175A of
such Act (42 U.S.C. 7505a), and if such project will result
in an airport receiving appropriate emission credits as
described in section 47138.''.
(b) Maximum Cost for Certain Low-Emission Technology
Projects.--Section 40117(b) is amended by adding at the end
the following:
``(5) Maximum cost for certain low-emission 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
incremental amount of the project cost that is greater than
the cost of acquiring a vehicle or equipment that is not low-
emission and would be used for the same purpose, or the cost
of low-emission retrofitting, as determined by the
Secretary.''.
(c) Ground Support Equipment Defined.--Section 40117(a) is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Ground support equipment.--The term `ground support
equipment' means service and maintenance equipment used at an
airport to support aeronautical operations and related
activities.''.
SEC. 406. STREAMLINING OF THE PASSENGER FACILITY FEE PROGRAM.
(a) Application Requirements.--Section 40117(c) is
amended--
(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 received under subparagraph (D).
``(F) For the purpose of this section, an eligible agency
providing notice and an opportunity for consultation to an
air carrier or foreign air carrier is deemed to have
satisfied the requirements of this paragraph if the eligible
agency limits such notices and consultations to air carriers
and foreign air carriers that have a significant business
interest at the airport. In the subparagraph, the term
`significant business interest' means an air carrier or
foreign air carrier that had no less than 1.0 percent of
passenger boardings at the airport in the prior calendar
year, had at least 25,000 passenger boardings at the airport
in the prior calendar year, or provides scheduled service at
the airport.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Before submitting an application, the eligible agency
must provide reasonable notice and an opportunity for public
comment. The Secretary shall prescribe regulations that
define reasonable notice and provide for at least the
following under this paragraph:
``(A) A requirement that the eligible agency provide public
notice of intent to collect a passenger facility fee so as to
inform those interested persons and agencies who may be
affected, which public notice may include--
``(i) publication in local newspapers of general
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 notice.
``(C) A requirement that the agency include in its
application or notice submitted under subparagraph (A) copies
of all comments received under subparagraph (B).''; and
(4) in the first sentence of paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ``shall''
and inserting ``may''.
(b) Pilot Program for Passenger Facility Fee 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 establish a pilot
program to test alternative procedures for authorizing
eligible agencies for nonhub airports to impose passenger
facility fees. An eligible agency may impose in accordance
with the 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 consultation.--The
eligible agency must provide reasonable 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 accordance with subsection (c)(3).
``(3) Notice of intention.--The eligible agency must submit
to the Secretary a notice of intention 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 passenger facility fees
that is proposed to be collected for each project; and
``(C) the level of the passenger facility fee that is
proposed.
``(4) Acknowledgement of receipt and indication of
objection.--The Secretary shall acknowledge receipt of the
notice and indicate any objection 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 authorized to impose a
passenger facility fee in accordance with the terms of its
notice under this subsection.
``(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 regulations 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 amended--
(1) by striking the period at the end of subparagraph (C)
and inserting a semicolon;
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(4) by inserting after subparagraph (E) the following:
``(F) enplaning at an airport if the passenger did not pay
for the air transportation which resulted in such enplanement
due to charter arrangements and payment by the Department of
Defense.''.
(d) Technical Amendments.--Section 40117(a)(3)(C) is
amended--
(1) by striking ``for costs'' and inserting ``A project'';
and
(2) by striking the semicolon and inserting a period.
SEC. 407. FINANCIAL MANAGEMENT OF PASSENGER FACILITY 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 account.--Subject to
subparagraph (B), passenger facility revenue held by an air
carrier or 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 compliance.--Instead of placing
amounts in an escrow account under subparagraph (A), an air
carrier may provide to the eligible agency a letter 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 security or other interest in
passenger facility revenue.
``(4) Compensation to eligible entities.--An air carrier
that fails to comply with any requirement 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 entity is otherwise entitled shall be required to
compensate the eligible agency for the costs so incurred.
[[Page H5217]]
``(5) Interest on amounts.--An air carrier that collects
passenger facility fees is entitled to receive the interest
on passenger facility fee accounts, if the accounts are
established and maintained in compliance with this
subsection.''.
(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 Federal Regulations, that permit the
commingling of passenger facility fees with other air carrier
revenue shall have no force or effect.
SEC. 408. GOVERNMENT CONTRACTING FOR AIR TRANSPORTATION.
(a) Government-Financed Air Transportation.--Section
40118(f)(2) is amended by inserting before 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.--Section 41106(b) is amended by
inserting after ``military department'' the following: ``, or
by a person that has contracted with the Secretary of Defense
or the Secretary of a military department,''.
SEC. 409. OVERFLIGHTS OF NATIONAL PARKS.
(a) Air Tour Management Act Clarifications.--Section 40128
is amended--
(1) in subsection (a)(1) by inserting ``, as defined by
this section,'' after ``lands'' the first place it appears;
(2) in subsections (b)(3)(A), (b)(3)(B), and (b)(3)(C) by
inserting ``over a national park'' after ``operations'';
(3) in subsection (b)(3)(D) by striking ``at the park'' and
inserting ``over a national park'';
(4) in subsection (b)(3)(E) by inserting ``over a national
park'' after ``operations'' the first place it appears;
(5) in subsections (c)(2)(A)(i) and (c)(2)(B) by inserting
``over a national park'' after ``operations'';
(6) in subsection (f)(1) by inserting ``over a national
park'' after ``operation'';
(7) in subsection (f)(4)(A)--
(A) by striking ``commercial air tour operation'' and
inserting ``commercial air tour operation 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),'';
(8) in subsection (f)(4)(B) by inserting ``over a national
park'' after ``operation''; and
(9) in the heading for paragraph (4) of subsection (f) by
inserting ``over a national park'' after ``operation''.
(b) Grand Canyon National Park Special Flight Rules Area
Operation Curfew.--
(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 sunset, unless
required for aviation safety purposes.
(2) Effect on existing regulations.--Beginning 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 PROGRAM.
(a) In General.--Chapter 401 is amended by adding at the
end the following:
``Sec. 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
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 guidelines, 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
participating 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 guidelines.
``(d) Effect of Determination of Existence of Capacity
Reduction Event.--Upon a determination by the Administrator
that a capacity reduction event exists, the Administrator may
authorize air carriers and foreign air carriers operating at
an airport participating in the pilot program to communicate
for a period of time not to exceed 24 hours with each other
concerning changes in their respective flight schedules in
order to use air traffic capacity most effectively. The
Administration shall facilitate and monitor such
communication.
``(e) Selection of Participating Airports.--Not later than
30 days after the date on which the Administrator establishes
the pilot program, the Administrator shall select 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 Administrator shall select an airport for
participation in the pilot program if the Administrator
determines that collaborative decisionmaking among air
carriers and foreign air carriers would reduce delays at the
airport and have beneficial effects on reducing delays in the
national airspace system as a whole.
``(f) Eligibility of Air Carriers.--An air carrier or
foreign air carrier operating at an airport selected to
participate in the pilot program is eligible to participate
in the pilot program if the Administrator determines that the
carrier has the operational and communications capability to
participate in the pilot program.
``(g) Modification or Termination of Pilot Program at an
Airport.--The Administrator may modify or end the pilot
program at an airport before the term of the pilot program
has expired, or may ban an air carrier or foreign air carrier
from participating in the program, if the Administrator
determines that the purpose of the pilot program is not being
furthered by participation of the airport or air carrier or
if the Secretary of Transportation 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 authorized under
subsection (b), the Administrator shall determine whether the
pilot program has facilitated more effective use of air
traffic capacity and the Secretary shall determine whether
the pilot program has had an adverse effect on airline
competition or the availability of air services to
communities. The Administrator shall also examine whether
capacity benefits resulting from the participation in the
pilot program of an airport resulted in capacity benefits to
other parts of the national airspace system.
``(2) Obtaining necessary data.--The Administrator may
require participating air carriers and airports to provide
data necessary to evaluate the pilot program's impact.
``(i) Extension of Pilot Program.--At the end of the 2-year
period for which the pilot program is authorized, 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 Administrator 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 program has had no
adverse effect on airline competition or the availability of
air services to communities. The Administrator shall select
the additional airports to participate in the extended pilot
program in the same manner in which airports were initially
selected to participate.''.
(b) Conforming Amendment.--The analysis for chapter 401 is
amended by adding at the end the following:
``40129. Collaborative decisionmaking pilot program.''.
SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT SITE INFORMATION.
(a) Domestic Air Transportation.--Section 41113(b) is
amended--
(1) in paragraph (16) by striking ``the air carrier'' 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
damage 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 representatives 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, consistent
with restrictions on access to the accident site.
``(18) An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts a
public hearing or comparable proceeding at a location greater
than 80 miles from the accident site, the air carrier will
ensure that the proceeding is made available simultaneously
by electronic means at a location open to the public at both
the origin city and destination city of the air carrier'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 significant damage to a man-made
structure or other property on the ground that is not
government-owned, the foreign 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 damage and means for
obtaining compensation.
``(B) Minimum contents.--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 foreign air carrier 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 transmission of ntsb
hearing.--An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts a
public hearing or comparable proceeding at a location greater
than 80 miles from the accident site, the
[[Page H5218]]
foreign air carrier will ensure that the proceeding is made
available simultaneously 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 reflect the
amendments made by subsections (a) and (b) of this section
not later than 90 days after the date of enactment of this
Act.
SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON
NATIONAL AIRPORT.
(a) Beyond-Perimeter Exemptions.--Section 41718(a) is
amended by striking ``12'' and inserting ``24''.
(b) Within-Perimeter Exemptions.--Section 41718(b) is
amended--
(1) by striking ``12'' and inserting ``20''; and
(2) by striking ``that were designated as medium hub or
smaller airports''.
(c) Limitations.--
(1) General exemptions.--Section 41718(c)(2) is amended by
striking ``two'' and inserting ``3''.
(2) Allocation of within-perimeter exemptions.--Section
41718(c)(3) is amended--
(A) in subparagraph (A)--
(i) by striking ``four'' and inserting ``six''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by striking ``eight'' and inserting ``ten''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(C) four shall be for air transportation to airports
without regard to their size.''.
(d) Application Procedures.--Section 41718(d) is amended to
read as follows:
``(d) Application Procedures.--The Secretary shall
establish procedures to ensure that all requests for
exemptions under this section are granted or denied within 90
days after the date on which the request is made.''.
(e) Effect of Perimeter Rules on Competition and Air
Service.--
(1) Identification of other airports.--The Secretary of
Transportation shall identify airports (other than Ronald
Reagan Washington National Airport) that have imposed
perimeter rules like those in effect with respect to Ronald
Reagan Washington National Airport.
(2) Limitation on applicability.--This subsection 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 perimeter.
(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) Effect of Changing Definition of Commuter Air
Carrier.--
(1) Study.--The Secretary shall study the effects of
changing the definition of commuter air carrier in
regulations of the Federal Aviation Administration to
increase the maximum size of aircraft of such carriers to 76
seats or less on air service to small communities and on
commuter air carriers operating aircraft with 56 seats or
less.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
SEC. 413. NOTICE CONCERNING AIRCRAFT ASSEMBLY.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41722. Notice concerning aircraft assembly
``The Secretary of Transportation shall require, beginning
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 transportation to display
a notice, on an information placard available 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:
``Sec. 41723. Special rule to promote air service to small
communities
``In order to promote air service to small communities, the
Secretary of Transportation shall permit an operator 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 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 Regulations, 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) Local share.--Section 41737(a) is amended by adding at
the end the following:
``(3) Payment of cost by local government.--
``(A) General requirement.--The guidelines may require a
unit of local government having jurisdiction over an eligible
place that is less than 170 miles from a medium or large hub
or less than 75 miles from a small hub or a State within the
boundaries of which the eligible place is located to pay 2.5
percent in fiscal year 2005, 5 percent in fiscal year 2006,
7.5 percent in fiscal year 2007, and 10 percent in fiscal
year 2008 of the amount of compensation payable under this
subchapter for air transportation with respect to the
eligible place to ensure the continuation of that air
transportation.
``(B) Waiver.--The Secretary may waive the requirement, or
reduce the amount, of a payment from a unit of local
government under subparagraph (A) if the Secretary finds
that--
``(i) the unit of local government lacks the ability to
pay; and
``(ii) the loss of essential air service to the eligible
place would have an adverse effect on the eligible place's
access to the national air transportation system.
``(C) Determination of mileage.--In determining the mileage
between the eligible place and a hub under this paragraph,
the Secretary shall use the most commonly used highway route
between the eligible place and the hub.''.
(3) Authority to make agreements and incur obligations.--
Section 41737(d) is amended--
(A) by striking ``(1) The Secretary'' and inserting the
``The Secretary''; and
(B) by striking paragraph (2).
(b) Airports Not Receiving Sufficient Service.--Section
41743 is amended--
(1) in the heading of subsection (a) by striking ``Pilot'';
(2) in subsection (a) by striking ``pilot'';
(3) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(C) in paragraph (4) (as so redesignated)--
(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 following:
``(E) the assistance can be used in the fiscal year in
which it is received.''; and
(4) in subsection (f) by striking ``pilot''.
(c) Essential Air Service Authorization.--Section 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 employees.--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).
(d) Process for Discontinuing Certain Subsidies.--Section
41734 is amended by adding at the end the following:
``(i) Process for Discontinuing Certain Subsidies.--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), 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) Joint Proposals.--Section 41740 is amended by inserting
``, including joint fares,'' after ``joint proposals''.
(f) Community and Regional Choice Program.--
(1) In general.--Subchapter II of chapter 417 is amended by
adding at the end the following:
``Sec. 41745. Community and regional choice program
``(a) Establishment.--The Secretary of Transportation shall
establish an alternate essential air service pilot program in
accordance with the requirements of this section.
``(b) Compensation to Eligible Places.--In carrying 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 government 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 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 provide
scheduled or on-demand surface transportation to and from the
eligible place and an airport in another place.
``(4) In combination with other units of local government
in the same region, to provide transportation services to and
from all the eligible
[[Page H5219]]
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.--Notwithstanding 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 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 application in such form and
containing such information as the Secretary may require.
``(2) Required information.--At a minimum, the application
shall include--
``(A) a statement of the amount of compensation required;
and
``(B) a description of how the compensation will be used.
``(f) Participation Requirements.--
``(1) Eligible places.--An eligible place for which
compensation is received under the program in a fiscal year
shall not be eligible to receive in that fiscal year the
essential air service that it would otherwise be entitled to
under this subchapter.
``(2) Governmental entities.--A unit of local government or
State receiving compensation for an eligible place under the
program in a fiscal year shall not be required to pay the
local share described in 41737(a)(3) in such fiscal year.
``(g) Subsequent Participation.--A unit of local government
participating in the program under this section in a fiscal
year shall not be prohibited from participating in the basic
essential air service program under this chapter in a
subsequent fiscal year if such unit is otherwise eligible to
participate in such program.
``(h) Funding.--Amounts appropriated or otherwise made
available to carry out the essential air service program
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.''.
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 permit
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 evidence,
in a form acceptable to the Administrator, of that agreement.
A person may manufacture a new aircraft, aircraft engine,
propeller, or appliance based on a type certificate only if
the person is the holder of the type certificate or has
permission from the holder.''.
(b) Certification of Products Manufactured in Foreign
Nations.--Section 44704 is further amended by adding at the
end the following:
``(e) Certification of Products Manufactured in Foreign
Nations.--In order to ensure safety, the Administrator 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 manufactured in the
United States.''.
SEC. 417. DESIGN ORGANIZATION CERTIFICATES.
(a) General Authority To Issue Certificates.--Effective on
the last day of the 7-year period beginning on the date of
enactment of this Act, section 44702(a) is amended by
inserting ``design organization certificates,'' after
``airman certificates,''.
(b) Design Organization Certificates.--
(1) Plan.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan for the development
and oversight of a system for certification of design
organizations to certify compliance with the requirements
and minimum standards prescribed under section 44701(a) of
title 49, United States Code, for the type certification
of aircraft, aircraft engines, propellers, or appliances.
(2) Issuance of certificates.--Section 44704 is 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 Administrator may issue a
design organization certificate to a design organization to
authorize the organization to certify compliance with the
requirements and minimum standards prescribed under section
44701(a) for the type certification of aircraft, aircraft
engines, propellers, or appliances.
``(2) Applications.--On receiving an application for a
design organization certificate, the Administrator shall
examine and rate the design organization submitting the
application, in accordance with regulations to be prescribed
by the Administrator, to determine whether the design
organization has adequate engineering, design, and testing
capabilities, standards, and safeguards to ensure that the
product being certificated is properly designed and
manufactured, performs properly, and meets the regulations
and minimum standards prescribed under section 44701(a).
``(3) Issuance of type certificates based on design
organization certification.--On receiving 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
independent investigation under subsection (a), the
Administrator 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.''.
(c) Reinspection and Reexamination.--Section 44709(a) is
amended by inserting ``design organization, production
certificate holder,'' after ``appliance,''.
(d) Prohibitions.--Section 44711(a)(7) is amended by
striking ``agency'' and inserting ``agency, design
organization certificate, ''.
(e) Conforming Amendments.--
(1) Section heading.--Section 44704 is amended by striking
the section designation and heading and inserting the
following:
``Sec. 44704. Type certificates, production certificates,
airworthiness certificates, and design organization
certificates''.
(2) Chapter analysis.--The analysis for chapter 447 is
amended by striking the item relating to section 44704 and
inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates.''.
SEC. 418. COUNTERFEIT OR FRAUDULENTLY REPRESENTED PARTS
VIOLATIONS.
Section 44726(a)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) whose certificate is revoked under subsection (b);
or''; and
(4) in subparagraph (C) (as redesignated by paragraph (2)
of this section) by striking ``convicted of such a
violation.'' and inserting ``described in subparagraph (A)
or (B).''.
SEC. 419. RUNWAY SAFETY STANDARDS.
(a) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 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 Administration
applicable to runway safety areas.''.
(b) Conforming Amendment.--The analysis for chapter 447 is
amended by adding at the end the following:
``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:
``Sec. 44728. Availability of maintenance information
``(a) In General.--The Administrator of the Federal
Aviation Administration shall continue in effect the
requirement of section 21.50(b) of title 14, Code of Federal
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 available' means
providing at a cost not to exceed the cost of preparation and
distribution.
``(2) Design approval.--The term `design approval' means a
type certificate, supplemental type certificate, amended type
certificate, parts manufacturer approval, technical standard
order authorization, and any other action as determined by
the Administrator pursuant to subsection (c)(2).
``(3) Instructions for continued airworthiness.--The term
`instructions for continued airworthiness' means any
information (and any changes to such information) considered
essential to continued airworthiness that sets forth the
methods, techniques, and practices for performing maintenance
and alteration on civil aircraft, aircraft engines,
propellers, appliances or any part installed thereon. Such
information may include maintenance, repair, and overhaul
manuals, standard practice manuals, service bulletins,
service letters, or similar documents issued by a design
approval holder.
``(c) Rulemaking.--The Administrator shall conduct a
rulemaking proceeding for the following purposes:
``(1) To determine the meaning of the phrase `essential to
continued airworthiness' of the applicable 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
[[Page H5220]]
persons are required to have technical data approved by the
Administrator.
``(3) To revise existing rules to reflect the definition of
design approval holder in subsections (b)(2) and (c)(2).
``(4) To determine if design approval holders that prepared
instructions for continued airworthiness or maintenance
manuals before January 29, 1981, should be required to make
the manuals available (including any changes thereto) to any
person required by parts 1 through 199 of title 14, Code of
Federal Regulations, to comply with any of the terms of those
manuals.
``(5) To require design approval holders that--
``(A) are operating an ongoing business concern;
``(B) were required to produce maintenance manuals or
instructions for continued airworthiness under section
21.50(b) of title 14, Code of Federal Regulations; and
``(C) have not done so,
to prepare those documents and make them available as
required by this section not later than 1 year after date on
which the regulations are published.
``(6) To revise its rules to reflect the changes made by
this section.
``(d) 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 airworthiness.''.
(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 SECURITY
THREAT.
(a) In General.--Chapter 461 is amended by adding at the
end the following:
``Sec. 46111. Certificate actions in response to a security
threat
``(a) Orders.--The Administrator of Federal Aviation
Administration shall issue an order amending, modifying,
suspending, or revoking any part of a certificate issued
under this title if the Administrator is notified by the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security that the holder of the
certificate poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger
safety. If requested by the Under Secretary, the order shall
be effective immediately.
``(b) Hearings for Citizens.--An individual who is a
citizen of the United States who is adversely affected by an
order of the Administrator under subsection (a) is entitled
to a hearing on the record.
``(c) Hearings.--When conducting a hearing under this
section, the administrative law judge shall not be bound by
findings of fact or interpretations of laws and regulations
of the Administrator or the Under Secretary.
``(d) Appeals.--An appeal from a decision of an
administrative law judge as the result of a hearing under
subsection (b) shall be made to the Transportation Security
Oversight Board established by section 115. The Board shall
establish a panel to review the decision. The members of this
panel (1) shall not be employees of the Transportation
Security Administration, (2) shall have the level of security
clearance needed to review the determination made under this
section, and (3) shall be given access to all relevant
documents that support that determination. The panel may
affirm, modify, or reverse the decision.
``(e) Review.--A person substantially affected by an action
of a panel under subsection (d), or the Under Secretary when
the Under Secretary decides that the action of the panel
under this section will have a significant adverse impact on
carrying out this part, may obtain review of the order under
section 46110. The Under Secretary and the Administrator
shall be made a party to the review proceedings. Findings of
fact of the panel are 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 applicable
laws permit.
``(g) Classified Evidence.--
``(1) In general.--The Under Secretary, in consultation
with the Administrator, shall issue regulations to establish
procedures by which the Under Secretary, as part of a hearing
conducting under this section, may substitute an unclassified
summary of classified evidence upon the approval of the
administrative law judge.
``(2) Approval and disapproval of summaries.--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 subsection (a); or
``(B) disapprove a summary if the judge finds that it is
not sufficient to enable the certificate 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 administrative law
judge is unable to approve a modified 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 irreparable harm to
the national security; or
``(B) would likely cause death or serious bodily injury to
any person.
``(5) Special procedures.--If an administrative law judge
makes a finding under subparagraph (A) or (B) of paragraph
(4), the hearing shall proceed without an unclassified
summary provided to the certificate holder. In such a case,
subject to procedures established by regulation by the Under
Secretary in consultation with the Administrator, the
administrative law judge shall appoint a special attorney to
assist the accused by--
``(A) reviewing in camera the classified evidence; and
``(B) challenging, through an in camera proceeding, the
veracity of the evidence contained in the classified
information.''.
(b) Conforming Amendment.--The analysis for chapter 461 is
amended by adding at the end the following:
``46111. Certificate actions in response to a security threat.''.
SEC. 422. FLIGHT ATTENDANT CERTIFICATION.
(a) In General.--Chapter 447 is further amended by adding
at the end the following:
``Sec. 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 demonstrated 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
another 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 attendants.--An
individual serving as a flight attendant on the effective
date of this section may continue to serve aboard an aircraft
as a flight attendant until completion by that individual of
the required recurrent or requalification training and
subsequent certification under this section.
``(3) Treatment of flight attendant after notification.--On
the date that the Administrator is notified by an air carrier
that an individual has the demonstrated proficiency to be a
flight attendant, the individual shall be treated for
purposes of this section as holding a certificate issued
under the section.
``(b) Issuance of Certificate.--The Administrator 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 successfully
completed all the training requirements for flight attendants
approved by the Administrator.
``(c) Designation of Person To Determine Successful
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 Certificates.--Each
certificate issued under this section shall--
``(1) be numbered and recorded by the Administrator;
``(2) contain the name, address, and description of the
individual to whom the certificate is issued;
``(3) contain the name of the air carrier that employs or
will employ the certificate holder on the date that the
certificate is issued;
``(4) is similar in size and appearance to certificates
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 carrier of
demonstrated proficiency and, in the case of an individual
serving as flight attendant on the effective date of this
section, not later than 1 year after such effective date.
``(e) Approval of Training Programs.--Air carrier flight
attendant training programs shall be subject to approval by
the Administrator. All flight attendant training 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.''.
(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 adding at the
end the following:
``Sec. 46319. Closure of an airport without providing
sufficient notice
``(a) Prohibition.--A public agency (as defined in section
47102) may not close an airport listed in the national plan
of integrated airport systems under section 47103 without
providing written notice to the Administrator of the Federal
Aviation 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.
[[Page H5221]]
``(c) Civil Penalty.--A public agency violating subsection
(a) shall be liable for a civil penalty of $10,000 for each
day that the airport remains closed without having given the
notice required by this section.''.
(b) Conforming Amendment.--The analysis for chapter 463 is
amended by adding at the end the following:
``46319. 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 PROVISION.
The amendment made by section 119(d) of the Aviation 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).
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 updated and revised in
accordance with this section. The Administrator may update
and revise the training standards through the initiation of a
formal rulemaking or by issuing an advisory circular or other
agency guidance.
(b) Elements for Consideration.--The updated and revised
standards required under subsection (a) shall include those
curriculum adjustments that are necessary to more accurately
reflect current technology and maintenance practices.
(c) Minimum Training Hours.--In making adjustments to the
maintenance curriculum requirements pursuant to this section,
the current requirement of 1900 minimum training hours shall
be maintained.
(d) Certification.--Any adjustment or modification of
current curriculum standards made pursuant to this section
shall be reflected in the certification examinations of
airframe and powerplant mechanics.
(e) Completion.--The revised and updated training standards
required by subsection (a) shall be completed not later than
12 months after the date of enactment of this Act.
(f) Periodic Reviews and Updates.--The Administrator shall
review the content of the curriculum standards for training
airframe and powerplant mechanics referred to in subsection
(a) every 3 years after completion of the revised and updated
training standards required under subsection (a) as necessary
to reflect current technology and maintenance practices.
SEC. 427. TASK FORCE ON FUTURE OF AIR TRANSPORTATION SYSTEM.
(a) In General.--The President shall establish a task force
to work with the Next Generation Air Transportation System
Joint Program Office authorized under section 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 Administration.
(3) The Department of Defense.
(4) The Department of Homeland Security.
(5) The National Oceanic and Atmospheric Administration.
(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
transmit 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 section, the
Administrator, at a minimum, shall--
(1) conduct surveillance to monitor ozone in the cabin on a
representative number of flights and aircraft 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 incidents to identify the
allergens, diseases, and other contaminants to which
passengers and crew were exposed.
(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 Administrator 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 Information and Choice in the
Airline Industry on--
(1) the travel agent arbiter program; and
(2) the special box on tickets for agents to include their
service fee charges.
(b) Consultation.--In preparing this report, the Secretary
shall consult with representatives from the airline and
travel agent industry.
SEC. 430. TASK FORCE ON ENHANCED TRANSFER OF APPLICATIONS 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 Administration.
(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
Congress on the methods looked at by the task force for
ensuring the transfer of applications described in subsection
(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 aviation 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 commenced 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 Airmen FDC 2/0199 and 3/
1862 and section 352 of the Department of Transportation and
Related Agencies Appropriations Act, 2003 (P.L. 108-7,
Division I).
(4) General aviation entities affected by implementation 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 person (other than
a scheduled air carrier or foreign air carrier, 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 purpose of
conducting its primary business;
(2) manufactures nonmilitary aircraft with a maximum
seating capacity of fewer than 20 passengers or aircraft
parts to be used in such aircraft;
(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 integrated airport
systems developed by the Federal Aviation Administration
under section 47103 of such title; or
(B) is normally open to the public, is located 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 $100,000,000.
Such sums shall remain available until expended.
SEC. 432. IMPASSE PROCEDURES FOR NATIONAL ASSOCIATION OF AIR
TRAFFIC SPECIALISTS.
(a) Failure of Current Negotiations.--If, within 30 days
after the date of enactment of this Act, the Federal Aviation
Administration and the exclusive bargaining representative of
[[Page H5222]]
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 subsection (a), the
parties to the negotiation shall submit unresolved issues to
the Federal Service Impasses Panel described 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 the
basis for its findings, taking into consideration such
relevant factors as are normally and customarily considered
in the determination of wages or impasse Panel proceedings.
The Panel shall also take into consideration the financial
ability of the Administration to pay.
(e) Effect of Panel Determination.--The determination 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 Administration (in this section referred
to as ``FAA inspectors'').
(2) Contents.--The study shall include--
(A) an analysis of the type of training provided to FAA
inspectors;
(B) actions that the Federal Aviation Administration has
undertaken to ensure that FAA inspectors receive up-to-date
training on the latest technologies;
(C) the extent of FAA inspector training provided by the
aviation industry and whether such training is provided
without charge or on a quid-pro-quo basis; and
(D) the amount of travel that is required of FAA inspectors
in receiving training.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
(b) Sense of the House.--It is the sense of the House of
Representatives that--
(1) FAA inspectors should be encouraged to take the most
up-to-date initial and recurrent training on the latest
aviation technologies;
(2) FAA inspector training should have a direct relation to
an individual's job requirements; and
(3) if possible, a FAA inspector should be allowed to take
training at the location most convenient for the inspector.
(c) Workload of Inspectors.--
(1) Study by national academy of sciences.--Not later than
90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
make appropriate arrangements for the National Academy of
Sciences to conduct a study of the assumptions and methods
used by the Federal Aviation Administration to estimate
staffing standards for FAA inspectors to ensure proper
oversight over the aviation industry, including the designee
program.
(2) Contents.--The study shall include the following:
(A) A suggested method of modifying FAA inspectors staffing
models for application to current local conditions or
applying some other approach to developing an objective
staffing standard.
(B) The approximate cost and length of time for 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.
SEC. 434. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.
(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) Contract Tower Program.--Subsection (a) shall not apply
to the contract tower program authorized by section 47124 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 approximately
1,400,000 members who are stationed on active duty at more
than 6,000 military bases in 146 different countries;
(2) the United States is indebted to the members of the
Armed Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long
periods of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted
advance airline tickets in order to visit their loved ones at
home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation's interests around the world at great
personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that
each United States air carrier should--
(1) establish for all members of the Armed Forces on active
duty reduced air fares that are comparable to the lowest
airfare for ticketed flights; and
(2) offer flexible terms that allow members of the Armed
Forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, and penalties.
SEC. 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 shall study the
feasibility of the United States hosting a world-class
international air show.
(b) Report.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
subsection (a) together with recommendations concerning
potential locations 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 paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section 2109(1);
and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of section
2109(1)) is a prerequisite.''.
(b) Federal Employees' Retirement System.--Section 8401 of
title 5, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by adding at the end the following:
``(35) `air traffic controller' or `controller' means--
``(A) a controller within the meaning of section 2109(1);
and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense holding a
supervisory, managerial, executive, technical,
semiprofessional, or professional position for which
experience as a controller (within the meaning of section
2109(1)) is a prerequisite.''.
(c) Mandatory Separation Treatment Not Affected.--
(1) Civil service retirement system.--Section 8335(a) of
title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term
`air traffic controller' or `controller' has the meaning
given to it under section 8331(29)(A).''.
(2) Federal employees' retirement system.--Section 8425(a)
of title 5, United States Code, is amended by adding at the
end the following: ``For purposes of this subsection, the
term `air traffic controller' or `controller' has the meaning
given to it under section 8401(35)(A).''.
(d) Effective Date.--This section and the amendments made
by this section--
(1) shall take effect on the 60th day after the date of
enactment of this Act; and
(2) shall apply with respect to--
(A) any annuity entitlement to which is based on an
individual's separation from service occurring on or after
that 60th day; and
(B) any service performed by any such individual before,
on, or after that 60th day, subject to subsection (e).
(e) Deposit Required for Certain Prior Service To Be
Creditable as Controller Service.--
(1) Deposit requirement.--For purposes of determining
eligibility for immediate retirement under section 8412(e) of
title 5, United States Code, the amendment made by subsection
(b) shall, with respect to any service described in paragraph
(2), be disregarded unless there is deposited into the Civil
Service Retirement and Disability Fund, with respect to such
service, in such time, form, and manner as the Office of
Personnel Management by regulation requires, an amount equal
to the amount by which--
(A) the deductions from pay which would have been required
for such service if the amendments made by this section had
been in effect when such service was performed, exceeds
(B) the unrefunded deductions or deposits actually made
under subchapter II of chapter 84 of such title 5 with
respect to such service.
The amount under the preceding sentence shall include
interest, computed under paragraphs (2) and (3) of section
8334(e) of such title 5.
(2) Prior service described.--This subsection applies with
respect to any service performed by an individual, before the
60th day following the date of enactment of this Act, as an
[[Page H5223]]
employee described in section 8401(35)(B) of such title 5 (as
set forth in subsection (b)).
SEC. 439. JUSTIFICATION FOR AIR DEFENSE IDENTIFICATION ZONE.
(a) In General.--If the Administrator of the Federal
Aviation Administration establishes an Air Defense
Identification Zone (in this section referred as an
``ADIZ''), the Administrator shall transmit, not later than
60 days after the date of establishing the ADIZ, to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing an
explanation of the need for the ADIZ. The Administrator also
shall transmit to the Committees updates of the report every
60 days until the ADIZ is rescinded. The reports and updates
shall be transmitted in classified form.
(b) Existing ADIZ.--If an ADIZ is in effect on the date of
enactment of this Act, the Administrator shall transmit an
initial report under subsection (a) not later than 30 days
after such date of enactment.
(c) Definition.--In this section, the terms ``Air Defense
Identification Zone'' and ``ADIZ'' each mean a zone
established by the Administrator with respect to airspace
under 18,000 feet in approximately a 15- to 38-mile radius
around Washington, District of Columbia, for which security
measures are extended beyond the existing 15-mile no-fly zone
around Washington and in which general aviation aircraft are
required to adhere to certain procedures issued by the
Administrator.
SEC. 440. INTERNATIONAL AIR TRANSPORTATION.
It is the sense of Congress that, in an effort to modernize
its regulations, the Department of Transportation should
formally define ``Fifth Freedom'' and ``Seventh Freedom''
consistently for both scheduled and charter passenger and
cargo traffic.
SEC. 441. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING
AND RELATED ACTIVITIES.
The Secretary of Transportation, subject to the
availability of funds (other than amounts in the Aviation
Trust Fund) provided for this purpose, shall reimburse air
carriers and airports for the following:
(1) All screening and related activities that the air
carriers or airports are still performing or continuing to be
responsible for, including--
(A) the screening of catering supplies;
(B) checking documents at security checkpoints;
(C) screening of passengers; and
(D) screening of persons with access to aircraft.
(2) The provision of space and facilities used to perform
screening functions if such space and facilities have been
previously used, or were intended to be used, for revenue-
producing purposes.
SEC. 442. GENERAL AVIATION FLIGHTS AT RONALD REAGAN
WASHINGTON NATIONAL AIRPORT.
It is the sense of Congress that Ronald Reagan Washington
National Airport should be open to general aviation flights
as soon as possible.
TITLE V--AIRPORT DEVELOPMENT
SEC. 501. DEFINITIONS.
(a) In General.--Section 47102 is amended--
(1) by redesignating paragraphs (19) and (20) as paragraphs
(24) and (25), respectively;
(2) by inserting after paragraph (18) the following:
``(23) `small hub airport' means a commercial service
airport that has at least 0.05 percent but less than 0.25
percent of the passenger boardings.'';
(3) in paragraph (10) by striking subparagraphs (A) and (B)
and inserting following:
``(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 Secretary determines under regulations the Secretary
prescribes; and
``(B) includes passengers who continue on an aircraft in
international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic
purpose.'';
(4) by redesignating paragraphs (10) through (18) as
paragraphs (14) through (22), respectively;
(5) by inserting after paragraph (9) the following:
``(10) `large hub airport' means a commercial service
airport that has at least 1.0 percent of the passenger
boardings.
``(12) `medium hub airport' means a commercial service
airport that has at least 0.25 percent but less than 1.0
percent of the passenger boardings.
``(13) `nonhub airport' means a commercial service airport
that has less than 0.05 percent of the passenger
boardings.''; and
(6) by striking paragraph (6) and inserting the following:
``(6) `amount made available under section 48103' or
`amount newly made available' means the amount authorized for
grants under section 48103 as that amount may be limited in
that year by a subsequent law, but as determined without
regard to grant obligation recoveries made in that year or
amounts covered by section 47107(f).''.
(b) Conforming Amendment.--Section 47116(b)(1) is amended
by striking ``(as defined in section 41731 of this title)''.
SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR SYSTEMS.
Section 47102(3)(B)(x) is amended by striking the period at
the end and inserting the following: ``; except that such
activities shall be eligible for funding under this
subchapter only using amounts apportioned under section
47114.''.
SEC. 503. SECURITY COSTS AT SMALL AIRPORTS.
(a) Security Costs.--Section 47102(3)(J) is amended to read
as follows:
``(J) in the case of a nonhub airport or an airport that is
not a primary airport in fiscal year 2004, direct costs
associated with new, additional, or revised security
requirements imposed on airport operators by law, regulation,
or order on or after September 11, 2001, if the Government's
share is paid only from amounts apportioned to a sponsor
under section 47114(c) or 47114(d)(3)(A).''.
(b) Conforming Amendment.--Section 47110(b)(2) is amended--
(1) in subparagraph (D) by striking ``, 47102(3)(K), or
47102(3)(L)''; and
(2) by aligning the margin of subparagraph (D) with the
margin of subparagraph (B).
SEC. 504. WITHHOLDING OF PROGRAM APPLICATION APPROVAL.
Section 47106(d) is amended--
(1) in paragraph (1) by striking ``section 47114(c) and (e)
of this title'' and inserting ``subsections (c), (d), and (e)
of section 47114''; and
(2) by adding at the end the following:
``(4) If the Secretary withholds a grant to an airport from
the discretionary fund under section 47115 or from the small
airport fund under section 47116 on the grounds that the
sponsor has violated an assurance or requirement of this
subchapter, the Secretary shall follow the procedures of this
subsection.''.
SEC. 505. RUNWAY SAFETY AREAS.
Section 47106 is amended by adding at the end the
following:
``(h) Runway Safety Areas.--The Secretary may approve an
application under this chapter for a project grant to
construct, reconstruct, repair, or improve a runway only if
the Secretary receives written assurances, satisfactory to
the Secretary, that the sponsor will undertake, to the
maximum extent practical, improvement of the runway's safety
area to meet the standards of the Federal Aviation
Administration.''.
SEC. 506. DISPOSITION OF LAND ACQUIRED FOR NOISE
COMPATIBILITY PURPOSES.
Section 47107(c) is amended by adding at the end the
following:
``(4) Notwithstanding paragraph (2)(A)(iii), an airport
owner or operator may retain all or any portion of the
proceeds from a land disposition described in that paragraph
if the Secretary finds that the use of the land will be
compatible with airport purposes and the proceeds retained
will be used for airport development or to carry out a noise
compatibility program under section 47504(c).''.
SEC. 507. GRANT ASSURANCES.
(a) Hangar Construction.--Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following:
``(21) if the airport owner or operator and a person who
owns an aircraft agree that a hangar is to be constructed at
the airport for the aircraft at the aircraft owner's expense,
the airport owner or operator will grant to the aircraft
owner for the hangar a long-term lease (of not less than
50 years) that is subject to such terms and conditions on
the hangar as the airport owner or operator may impose.''.
(b) Statute of Limitations..--Section 47107(l)(5)(A) is
amended by inserting ``or any other governmental entity''
after ``sponsor''.
(c) Audit Certification.--Section 47107(m) is amended--
(1) in paragraph (1) by striking ``promulgate regulations
that'' and inserting ``include a provision in the compliance
supplement provisions to'';
(2) in paragraph (1) by striking ``and opinion of the
review''; and
(3) by striking paragraph (3).
SEC. 508. ALLOWABLE PROJECT COSTS.
(a) Construction or Modification of Public Parking
Facilities for Security Purposes.--Section 47110 is amended--
(1) in subsection (f) by striking ``subsection (d)'' and
inserting ``subsections (d) and (h)''; and
(2) by adding at the end the following:
``(h) Construction or Modification of Public Parking
Facilities for Security Purposes.--Notwithstanding subsection
(f)(1), a cost of constructing or modifying a public parking
facility for passenger automobiles to comply with a
regulation or directive of the Department of Homeland
Security shall be treated as an allowable airport development
project cost.''.
(b) Debt Financing.--Section 47110 is further amended by
adding at the end the following:
``(i) Debt Financing.--In the case of an airport that is
not a medium hub airport or large hub airport, the Secretary
may determine that allowable airport development project
costs include payments of interest, commercial bond
insurance, and other credit enhancement costs associated with
a bond issue to finance the project.''.
(c) Clarification of Allowable Costs..--Section 47110(b)(1)
is amended by inserting before the semicolon at the end ``and
any cost of moving a Federal facility impeding the project if
the rebuilt facility is of an equivalent size and type''.
(d) Technical Amendments.--Section 47110(e) is amended by
aligning the margin of paragraph (6) with the margin of
paragraph (5).
SEC. 509. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) Formula Changes.--Section 47114(c)(1)(A) is amended by
striking clauses (iv) and (v) and by inserting the following:
``(iv) $.65 for each of the next 500,000 passenger
boardings at the airport during the prior calendar year;
``(v) $.50 cents for each of the next 2,500,000 passenger
boardings at the airport during the prior calendar year; and
[[Page H5224]]
``(vi) $.45 cents for each additional passenger boarding at
the airport during the prior calendar year.''.
(b) Special Rule for Fiscal Years 2004 and 2005.--Section
47114(c)(1) is amended by adding at the end the following:
``(F) Special rule for fiscal years 2004 and 2005.--
Notwithstanding subparagraph (A) and the absence of scheduled
passenger aircraft service at an airport, the Secretary may
apportion in fiscal years 2004 and 2005 to the sponsor of the
airport an amount equal to the amount apportioned to that
sponsor in fiscal year 2002 or 2003, whichever amount is
greater, if the Secretary finds that--
``(i) the passenger boardings at the airport were below
10,000 in calendar year 2002;
``(ii) the airport had at least 10,000 passenger boardings
and scheduled passenger aircraft service in either calendar
year 2000 or 2001; and
``(iii) the reason that passenger boardings described in
clause (i) were below 10,000 was the decrease in passengers
following the terrorist attacks of September 11, 2001.''.
SEC. 510. CARGO AIRPORTS.
Section 47114(c)(2) is amended--
(1) in the paragraph heading by striking ``only''; and
(2) in subparagraph (A) by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 511. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS.
Section 47115(d) is amended to read as follows:
``(d) Considerations.--
``(1) For capacity enhancement projects.--In selecting a
project for a grant to preserve and improve capacity funded
in whole or in part from the fund, the Secretary shall
consider--
``(A) the effect that the project will have on overall
national transportation system capacity;
``(B) the benefit and cost of the project, including, in
the case of a project at a reliever airport, the number of
operations projected to be diverted from a primary airport to
the reliever airport as a result of the project, as well as
the cost savings projected to be realized by users of the
local airport system;
``(C) the financial commitment from non-United States
Government sources to preserve or improve airport capacity;
``(D) the airport improvement priorities of the States to
the extent such priorities are not in conflict with
subparagraphs (A) and (B); and
``(E) the projected growth in the number of passengers or
aircraft that will be using the airport at which the project
will be carried out.
``(2) For all projects.--In selecting a project for a grant
described in paragraph (1), the Secretary shall consider
whether--
``(A) funding has been provided for all other projects
qualifying for funding during the fiscal year under this
chapter that have attained a higher score under the numerical
priority system employed by the Secretary in administering
the fund; and
``(B) the sponsor will be able to commence the work
identified in the project application in the fiscal year in
which the grant is made or within 6 months after the grant is
made, whichever is later.''.
SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT
APPORTIONMENTS.
(a) In General.--Section 47117(c) is amended to read as
follows:
``(c) Use of Sponsor's Apportioned Amounts at Public Use
Airports.--
``(1) Of sponsor.--An amount apportioned to a sponsor of an
airport under section 47114(c) or 47114(d)(3)(A) is available
for grants for any public-use airport of the sponsor included
in the national plan of integrated airport systems.
``(2) In same state or area.--A sponsor of an airport may
make an agreement with the Secretary of Transportation
waiving the sponsor's claim to any part of the amount
apportioned for the airport under section 47114(c) or
47114(d)(3)(A) if the Secretary agrees to make the waived
amount available for a grant for another public-use airport
in the same State or geographical area as the airport, as
determined by the Secretary.''.
(b) Project Grant Agreements.--Section 47108(a) is amended
by inserting ``or 47114(d)(3)(A)'' after ``under section
47114(c)''.
(c) Allowable Project Costs.--Section 47110 is further
amended--
(1) in subsection (b)(2)(C) by striking ``of this title''
and inserting ``or section 47114(d)(3)(A)'';
(2) in subsection (g)--
(A) by inserting ``or section 47114(d)(3)(A)'' after ``of
section 47114(c)''; and
(B) by striking ``of project'' and inserting ``of the
project''; and
(3) by adding at the end the following:
``(j) Nonprimary Airports.--The Secretary may decide that
the costs of revenue producing aeronautical support
facilities, including fuel farms and hangars, are allowable
for an airport development project at a nonprimary airport if
the Government's share of such costs is paid only with funds
apportioned to the airport sponsor under section
47114(d)(3)(A) and if the Secretary determines that the
sponsor has made adequate provision for financing airside
needs of the airport.''.
(d) Terminal Development Costs.--Section 47119(b) is
amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year under
section 47114(d)(3)(A) for project costs allowable under
section 47110(d).''.
SEC. 513. USE OF APPORTIONED AMOUNTS.
(a) Special Apportionment Categories.--Section
47117(e)(1)(A) is amended--
(1) by striking ``of this title'' the first place it
appears and inserting a comma; and
(2) by striking ``of this title'' the second place it
appears and inserting ``, for noise mitigation projects
approved in an environmental record of decision for an
airport development project under this title, for compatible
land use planning and projects carried out by State and local
governments under section 47140, and for airport development
described in section 47102(3)(F) or 47102(3)(K) to comply
with the Clean Air Act (42 U.S.C. 7401 et seq.)''.
(b) Elimination of Super Reliever Set-Aside.--Section
47117(e)(1)(C) is repealed.
(c) Recovered Funds.--Section 47117 is further amended by
adding at the end the following:
``(h) Treatment of Canceled or Reduced Grant Obligations.--
For the purpose of determining compliance with a limitation,
enacted in an appropriations Act, on the amount of grant
obligations of funds made available by section 48103 that may
be incurred in a fiscal year, an amount that is recovered by
canceling or reducing a grant obligation of funds made
available by section 48103 shall be treated as a negative
obligation that is to be netted against the obligation
limitation as enacted and thus may permit the obligation
limitation to be exceeded by an equal amount.''.
SEC. 514. MILITARY AIRPORT PROGRAM.
Subsections (e) and (f) of section 47118 are each amended
by striking ``$7,000,000'' and inserting ``$10,000,000''.
SEC. 515. TERMINAL DEVELOPMENT COSTS.
Section 47119(a) is amended to read as follows:
``(a) Repaying Borrowed Money.--
``(1) Terminal development costs incurred after june 30,
1970, and before july 12, 1976.--An amount apportioned under
section 47114 and made available to the sponsor of a
commercial service airport at which terminal development was
carried out after June 30, 1970, and before July 12, 1976, is
available to repay immediately money borrowed and used to pay
the costs for such terminal development if those costs would
be allowable project costs under section 47110(d) if they had
been incurred after September 3, 1982.
``(2) Terminal development costs incurred between january
1, 1992, and october 31, 1992.--An amount apportioned under
section 47114 and made available to the sponsor of a nonhub
airport at which terminal development was carried out between
January 1, 1992, and October 31, 1992, is available to repay
immediately money borrowed and to pay the costs for such
terminal development if those costs would be allowable
project costs under section 47110(d).
``(3) Terminal development costs at primary airports.--An
amount apportioned under section 47114 or available under
subsection (b)(3) to a primary airport--
``(A) that was a nonhub airport in the most recent year
used to calculate apportionments under section 47114;
``(B) that is a designated airport under section 47118 in
fiscal year 2003; and
``(C) at which terminal development is carried out between
January 2003 and August 2004,
is available to repay immediately money borrowed and used to
pay the costs for such terminal development if those costs
would be allowable project costs under section 47110(d).
``(4) Conditions for grant.--An amount is available for a
grant under this subsection only if--
``(A) the sponsor submits the certification required under
section 47110(d);
``(B) the Secretary of Transportation decides that using
the amount to repay the borrowed money will not defer an
airport development project outside the terminal area at that
airport; and
``(C) amounts available for airport development under this
subchapter will not be used for additional terminal
development projects at the airport for at least 3 years
beginning on the date the grant is used to repay the borrowed
money.
``(5) Applicability of certain limitations.--A grant under
this subsection shall be subject to the limitations in
subsection (b)(1) and (2).''.
SEC. 516. CONTRACT TOWERS.
Section 47124(b) is amended--
(1) in paragraph (1) by striking ``on December 30, 1987,''
and inserting ``on date of enactment of the Flight 100--
Century of Aviation Reauthorization Act'';
(2) in the heading for paragraph (3) by striking ``pilot'';
(3) in paragraph (4)(C) by striking ``$1,100,000'' and
inserting ``$1,500,000''; and
(4) by striking ``pilot'' each place it appears.
SEC. 517. AIRPORT SAFETY DATA COLLECTION.
Section 47130 is amended to read as follows:
``Sec. 47130. Airport safety data collection
``Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration may
award a contract, using sole source or limited source
authority, or enter into a cooperative agreement with, or
provide a grant from amounts made available under section
48103 to, a private company or entity for the collection of
airport safety data. In the event that a grant is provided
under this section, the United States Government's share of
the cost of the data collection shall be 100 percent.''.
SEC. 518. AIRPORT PRIVATIZATION PILOT PROGRAM.
(a) In General.--Section 47134(b)(1) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) in the case of a primary airport, by at least 65
percent of the scheduled air carriers serving the airport and
by scheduled and nonscheduled air carriers whose aircraft
landing at the airport during the preceding calendar year,
had a total landed weight during the preceding calendar year
of at least 65 percent of the total
[[Page H5225]]
landed weight of all aircraft landing at the airport during
such year; or
``(ii) by the Secretary at any nonprimary airport after the
airport has consulted with at least 65 percent of the owners
of aircraft based at that airport, as determined by the
Secretary.'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) Objection to exemption.--An air carrier shall be
deemed to have approved a sponsor's application for an
exemption under subparagraph (A) unless the air carrier has
submitted an objection, in writing, to the sponsor within 60
days of the filing of the sponsor's application with the
Secretary, or within 60 days of the service of the
application upon that air carrier, whichever is later.''.
(b) Federal Share.--Section 47109(a) is amended--
(1) by inserting ``and'' at the end of paragraph (3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 519. INNOVATIVE FINANCING TECHNIQUES.
(a) Eligible Projects.--Section 47135(a) is amended--
(1) in the first sentence by inserting after ``approve''
the following: ``after the date of enactment of the Flight
100--Century of Aviation Reauthorization Act'';
(2) in the first sentence by striking ``20'' and inserting
``10''; and
(3) by striking the second sentence and inserting the
following: ``Such projects shall be located at airports that
are not medium or large hub airports.''.
(b) Innovative Financing Techniques.--Section 47135(c)(2)
is amended--
(1) by striking subparagraphs (A) and (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively.
(c) Savings Clause.--The amendments made by this section
shall not affect applications approved under section 47135 of
title 49, United States Code, before the date of enactment of
this Act.
SEC. 520. AIRPORT SECURITY PROGRAM.
Section 47137 is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Administration.--The Secretary, in cooperation with
the Secretary of Homeland Security, shall administer the
program authorized by this section.''.
SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
(a) Emissions Credits.--Subchapter I of chapter 471 is
amended by adding at the end the following:
``Sec. 47138. Emission credits for air quality projects
``(a) In General.--The Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall
jointly agree on how to assure that airport sponsors
receive appropriate emission credits for carrying out
projects described in sections 40117(a)(3)(G),
47102(3)(K), and 47102(3)(L). Such agreement must include,
at a minimum, the following conditions:
``(1) The provision of credits is consistent with the Clean
Air Act (42 U.S.C. 7402 et seq.).
``(2) Credits generated by the emissions reductions are
kept by the airport sponsor and may only be used for purposes
of any current or future general conformity determination
under the Clean Air Act or as offsets under the Environmental
Protection Agency's new source review program for projects on
the airport or associated with the airport.
``(3) Credits are calculated and provided to airports on a
consistent basis nationwide.
``(4) Credits are provided to airport sponsors in a timely
manner.
``(5) The establishment of a method to assure the Secretary
that, for any specific airport project for which funding is
being requested, the appropriate credits will be granted.
``(b) Assurance of Receipt of Credits.--
``(1) In general.--As a condition for making a grant for a
project described in section 47102(3)(K), 47102(3)(L), or
47139 or as a condition for granting approval to collect or
use a passenger facility fee for a project described in
section 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 47139,
the Secretary must receive assurance from the State in which
the project is located, or from the Administrator of the
Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive
appropriate emission credits in accordance with the
conditions of this section.
``(2) Agreement on previously approved projects.--The
Secretary and the Administrator of the Environmental
Protection Agency shall jointly agree on how to provide
emission credits to airport projects previously approved
under section 47136 under terms consistent with the
conditions enumerated in this section.''.
(b) Airport Ground Support Equipment Emissions Retrofit
Pilot Program.--Subchapter I of chapter 471 is further
amended by adding at the end the following:
``Sec. 47139. Airport ground support equipment emissions
retrofit pilot program
``(a) In General.--The Secretary of Transportation shall
carry out a pilot program at not more than 10 commercial
service airports under which the sponsors of such airports
may use an amount made available under section 48103 to
retrofit existing eligible airport ground support equipment
that burns conventional fuels to achieve lower emissions
utilizing emission control technologies certified or verified
by the Environmental Protection Agency.
``(b) Location in Air Quality Nonattainment or Maintenance
Areas.--A commercial service airport shall be eligible for
participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a
maintenance area referred to in section 175A of such Act (42
U.S.C. 7505a).
``(c) Selection Criteria.--In selecting from among
applicants for participation in the pilot program, the
Secretary shall give priority consideration to applicants
that will achieve the greatest air quality benefits measured
by the amount of emissions reduced per dollar of funds
expended under the pilot program.
``(d) Maximum Amount.--Not more than $500,000 may be
expended under the pilot program at any single commercial
service airport.
``(e) Guidelines.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish guidelines regarding the types of retrofit projects
eligible under the pilot program by considering remaining
equipment useful life, amounts of emission reduction in
relation to the cost of projects, and other factors necessary
to carry out this section. The Secretary may give priority to
ground support equipment owned by the airport and used for
airport purposes.
``(f) Eligible Equipment Defined.--In this section, the
term `eligible equipment' means ground service or maintenance
equipment that is located at the airport, is used to support
aeronautical and related activities at the airport, and will
remain in operation at the airport for the life or useful
life of the equipment, whichever is earlier.''.
(c) Addition to Airport Development.--Section 47102(3) is
further amended by striking subparagraphs (K) and (L) and
inserting the following:
``(K) work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate
electrification, and other related air quality improvements
at a commercial service airport if the airport is located in
an air quality nonattainment or maintenance area (as defined
in sections 171(2) and 175A of the Clean Air Act (42 U.S.C.
7501(2), 7505a) and if such project will result in an airport
receiving appropriate emission credits, as described in
section 47138.
``(L) converting vehicles and ground support equipment
owned by a commercial service airport to low-emission
technology or acquiring for use at a commercial service
airport vehicles and ground support equipment that include
low-emission technology if the airport is located in an air
quality nonattainment area (as defined in section 171(2) of
the Clean Air Act (42 U.S.C. 7501(2)) or a maintenance area
referred to in section 175A of such Act (42 U.S.C. 7505a) and
if such project will result in an airport receiving
appropriate emission credits as described in section
47138.''.
(d) Allowable Project Cost.--Section 47110(b) is further
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of a project for acquiring for use at a
commercial service airport vehicles and ground support
equipment owned by an airport that is not described in
section 47102(3) and that include low-emission technology,
if the total costs allowed for the project are not more
than the incremental cost of equipping such vehicles or
equipment with low-emission technology, as determined by
the Secretary.''.
(e) Low-Emission Technology Equipment.--Section 47102 (as
amended by section 501 of this Act) is further amended by
inserting after paragraph (10) the following:
``(11) `low-emission technology' means technology for
vehicles and equipment whose emission performance is the best
achievable under emission standards established by the
Environmental Protection Agency and that relies exclusively
on alternative fuels that are substantially non-petroleum
based, as defined by the Department of Energy, but not
excluding hybrid systems or natural gas powered vehicles.''.
(f) Conforming Amendments.--The analysis of subchapter I of
chapter 471 is amended by adding at the end the following:
``47138. Emission credits for air quality projects.
``47139. Airport ground support equipment emissions retrofit pilot
program.''.
SEC. 522. COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE
AND LOCAL GOVERNMENTS.
(a) In General.--Subchapter I of chapter 471 is further
amended by adding at the end the following:
``Sec. 47140. Compatible land use planning and projects by
State and local governments
``(a) In General.--The Secretary of Transportation may make
grants from amounts set aside under section 47117(e)(1)(A) to
States and units of local government for land use
compatibility plans or projects resulting from those plans
for the purposes of making the use of land areas around large
hub airports and medium hub airports compatible with aircraft
operations if--
``(1) the airport operator has not submitted a noise
compatibility program to the Secretary under section 47504 or
has not updated such program within the past 10 years; and
``(2) the land use plan meets the requirements of this
section and any project resulting from the plan meets such
requirements.
``(b) Eligibility.--In order to receive a grant under this
section, a State or unit of local government must--
``(1) have the authority to plan and adopt land use control
measures, including zoning, in the planning area in and
around a large or medium hub airport;
``(2) provide written assurance to the Secretary that it
will work with the affected airport to identify and adopt
such measures; and
[[Page H5226]]
``(3) provide written assurance to the Secretary that it
will achieve, to the maximum extent possible, compatible land
uses consistent with Federal land use compatibility criteria
under section 47502(3) and that those compatible land uses
will be maintained.
``(c) Assurances.--The Secretary shall require a State or
unit of local government to which a grant may be awarded
under this section for a land use plan or a project resulting
from such a plan to provide--
``(1) assurances satisfactory to the Secretary that the
plan--
``(A) is reasonably consistent with the goal of reducing
existing noncompatible land uses and preventing the
introduction of additional noncompatible land uses;
``(B) addresses ways to achieve and maintain compatible
land uses, including zoning, building codes, and any other
projects under section 47504(a)(2) that are within the
authority of the State or unit of local government to
implement;
``(C) uses noise contours provided by the airport operator
that are consistent with the airport operation and planning,
including any noise abatement measures adopted by the airport
operator as part of its own noise mitigation efforts;
``(D) does not duplicate, and is not inconsistent with, the
airport operator's noise compatibility measures for the same
area; and
``(E) has received concurrence by the airport operator
prior to adoption by the State or unit of local government;
and
``(2) such other assurances as the Secretary determines to
be necessary to carry out this section.
``(d) Guidelines.--The Secretary shall establish guidelines
to administer this section in accordance with the purposes
and conditions described in this section. The Secretary may
require the State or unit of local government to which a
grant may be awarded under this section to provide progress
reports and other information as the Secretary determines to
be necessary to carry out this section.
``(e) Eligible Projects.--The Secretary may approve a grant
under this section to a State or unit of local government for
a land use compatibility project only if the Secretary is
satisfied that the project is consistent with the
guidelines established by the Secretary under this
section, that the State or unit of local government has
provided the assurances required by this section, that the
Secretary has received evidence that the State or unit of
local government has implemented (or has made provision to
implement) those elements of the plan that are not
eligible for Federal financial assistance, and that the
project is not inconsistent with Federal standards.
``(f) Sunset.--This section shall not be in effect after
September 30, 2007.''.
(b) Conforming Amendment.--The analysis of subchapter I of
chapter 471 is further amended by adding at the end the
following:
``47140. Compatible land use planning and projects by State and local
governments.''.
SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TO PROVIDE RENT-
FREE SPACE FOR FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Subchapter I of chapter 471 is further
amended by adding at the end the following:
``Sec. 47141. Prohibition on rent-free space requirements for
Federal Aviation Administration
``(a) In General.--The Secretary of Transportation may not
require an airport sponsor to provide to the Federal Aviation
Administration, without compensation, space in a building
owned by the sponsor and costs associated with such space for
building construction, maintenance, utilities, and other
expenses.
``(b) Negotiated Agreements.--Subsection (a) does not
prohibit--
``(1) the negotiation of agreements between the Secretary
and an airport sponsor to provide building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings to the Federal Aviation
Administration without cost or at below-market rates; or
``(2) the Secretary of Transportation from requiring
airport sponsors to provide land without cost to the Federal
Aviation Administration for air traffic control
facilities.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 471 is further amended by adding at the end the
following:
``47141. Prohibition on rent-free space requirements for Federal
Aviation Administration.''.
SEC. 524. MIDWAY ISLAND AIRPORT.
(a) Findings.--Congress finds that the continued operation
of the Midway Island Airport in accordance with the standards
of the Federal Aviation Administration applicable to
commercial airports is critical to the safety of commercial,
military, and general aviation in the mid-Pacific Ocean
region.
(b) Memorandum of Understanding on Sale of Aircraft Fuel.--
The Secretary of Transportation shall enter into a memorandum
of understanding with the Secretaries of Defense, Interior,
and Homeland Security to facilitate the sale of aircraft fuel
on Midway Island at a price that will generate sufficient
revenue to improve the ability of the airport to operate on a
self-sustaining basis in accordance with the standards of the
Federal Aviation Administration applicable to commercial
airports. The memorandum shall also address the long-range
potential of promoting tourism as a means to generate revenue
to operate the airport.
(c) Transfer of Navigation Aids at Midway Island Airport.--
The Midway Island Airport may transfer, without
consideration, to the Administrator the navigation aids at
the airport. The Administrator shall accept the navigation
aids and operate and maintain the navigation aids under
criteria of the Administrator.
(d) Funding to the Secretary of Interior for Midway Island
Airport.--
(1) In general.--Chapter 481 is amended by adding at the
end the following:
``Sec. 48114. Funding to the Secretary of Interior for Midway
Island Airport
``The following amounts shall be available (and shall
remain available until expended) to the Secretary of
Interior, out of the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code
of 1986 (26 U.S.C. 9502), for airport capital projects at the
Midway Island Airport:
``(1) $750,000 for fiscal year 2004.
``(2) $2,500,000 for fiscal year 2005.
``(3) $1,000,000 for fiscal year 2006.
``(4) $1,000,000 for fiscal year 2007.''.
(2) Conforming amendment.--The analysis for chapter 481 is
amended by adding at the end the following:
``48114. Funding to the Secretary of Interior for Midway Island
Airport.''.
TITLE VI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY.
Paragraph (1) of section 9502(d) of the Internal revenue
Code of 1986 (relating to expenditures from Airport and
Airway Trust Fund) is amended--
(1) by striking ``October 1, 2003'' and inserting ``October
1, 2007'', and
(2) by inserting ``or the flight 100--Century of Aviation
Reauthorization Act'' before the semicolon at the end of
subparagraph (A).
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in part B of the report. Each amendment may be
offered only in the order printed in the report or pursuant to the
previous order of the House, by a Member designated in the report,
shall be considered read, shall be debatable for the time specified in
the report, equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
Pursuant to the previous order of the House, it is now in order to
consider amendment No. 5 printed in part B of House Report 108-146.
Amendment No. 5 Offered by Mr. Manzullo
Mr. MANZULLO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Manzullo:
At the end of title V of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. 525. REPORT ON WAIVERS OF PREFERENCE FOR BUYING GOODS
PRODUCED IN THE UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to
Congress a report on the waiver contained in section 50101(b)
of title 49, United States Code (relating to buying goods
produced in the United States). The report shall, at a
minimum, include--
(1) a list of all waivers granted pursuant to that section
since the date of enactment of that section; and
(2) for each such waiver--
(A) the specific authority under such section 50101(b) for
granting the waiver; and
(B) the rationale for granting the waiver.
The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from
Illinois (Mr. Manzullo) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois (Mr. Manzullo).
Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may
consume. The American economy is in the midst of a manufacturing
crisis. Over the past 3 years, we have lost 2.6 million jobs. The
latest Bureau of Labor Statistics reports show that for 34 straight
months, we have had a coring out of our manufacturing base, losing
53,000 manufacturing jobs each month. These jobs are necessary, many of
them, to help out with our defense industrial base. They include such
basic products as tools, dies and molds.
In 1981, Rockford, Illinois, the largest city in the congressional
district I represent, led the Nation with unemployment at 24.9 percent.
Today it is around 11 percent. I do not want to see a recurrence of
1981. We are in danger of seeing our industrial base irreparably
harmed. Unlike the past when factories were closed during an economic
downturn but reopened when times improved, today a too frequent outcome
is the permanent closure of a factory. The jobs leave forever. The
young people entering the workforce do not have a manufacturing career
[[Page H5227]]
choice left open to them. My own constituents have been impacted by the
bankruptcy of several manufacturers since this downturn began.
Mr. Chairman, the bleeding continues. Since 1933, the Buy American
Act has safeguarded the interests of American manufacturers by
requiring the Federal Government to purchase domestically manufactured
products for government usage. To qualify as a domestic product, the
content cost of the components must be ``substantially all'' produced
in America. Most people would say that term ``substantially all'' means
80 to 90 percent or even 99 percent. However, the regulators at the
Federal Government say ``substantially all'' means only 50 percent. I
am glad to say that at the Federal Aviation Administration,
``substantially all'' is defined as 60 percent for the acquisition of
steel or manufactured goods according to the 1995 acquisition
regulations which the FAA authorized back then.
I am disturbed, however, at the instance of waivers allowed by the
FAA. Civil aircraft and aircraft components purchased by the FAA are
not subject to the Buy American Act due to the provisions of the
Agreement of Trade on Civil Aircraft negotiated by the U.S. Trade
Representative. Currently the FAA is advertising on its Web site a
requirement for an airborne research and development multi-engine jet
aircraft at $14.9 million that could be bought with U.S. taxpayers'
dollars from foreign countries at a time when tens of thousands of air
and space workers in this country are unemployed.
It has been 8 years since the Secretary of Transportation was last
required to report to Congress on procurements that were not domestic
products. This amendment will require a report that will bring us
current information on this subject. We do not even know how many
aircraft or other products the FAA is procuring each year from foreign
countries because of waivers to the Buy American Act. We are asking
that this Congress, that this House of Representatives adopt this
amendment to help stop the hemorrhaging of the loss of the American
base in this country.
I urge my colleagues to support this commonsense amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition but not to
speak in opposition to the amendment.
The CHAIRMAN. Without objection, the Chair recognizes the gentleman
from Oregon (Mr. DeFazio) for 5 minutes.
There was no objection.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
I think this is a very worthy undertaking. As the gentleman points
out, we have hollowed out so much of American manufacturing capability,
but we have for years touted the fact that our leadership in aviation
and aerospace, that this would be one of the areas where we would
continue to dominate the world. To have the prospect of agencies of the
Federal Government using taxpayer resources to outsource to foreign
vendors in this very critical sector, a sector which in the case of at
least one major manufacturer is beleaguered by unfair foreign
competition, in fact, something we heard repeated on a trip of the
Subcommittee on Aviation for the engine manufacturers and others, where
subsidies and development grants that never have to be paid back and
all sorts of things are made available to them that are not made
available to American manufacturers. I think the audit at this time is
extraordinarily worthy. I really thank him for bringing this issue
before the Congress.
Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
Mr. DeFAZIO. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding. I
thank the gentleman for offering the amendment.
I just want to raise a cautionary note, that in doing so we do not
scare business away from the United States from foreign manufacturers.
I am very strong on Buy America, I insist on it in the Federal aid
highway program on steel, but there was a time in which 70 percent of
the value and the parts of Airbus aircraft were manufactured in the
United States.
{time} 1500
As we got into the wars over agriculture with the European community,
the Airbus consortium pulled back from its placing of business in the
United States, and we have lost ground in the manufacturing of Airbus
parts in the United States, and the same is occurring in other areas.
I just want to be sure in the process we are not scaring away
business from the United States while legitimately protecting our own
interests. I know the gentleman from Illinois has those concerns at
heart.
Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this amendment provides simply for a study of what has
taken place in the past. It changes no law.
Mr. Chairman, I yield 1 minute to the gentleman from Florida
(Chairman Mica).
Mr. MICA. Mr. Chairman, I thank the gentleman for offering this
amendment, and I rise in strong support of it.
I think we need to do everything possible to protect the intent of
our Buy America requirements, and I think the gentleman's amendment
does exactly that. In the aviation industry, unfortunately, we are
facing tremendous loss in jobs, employment, and manufacturing. We have
lost about half of the large aircraft manufacturing, we produce no
regional jets in the United States, and I think the very least we can
do is have a Buy America provision that has teeth, that has provisions
that will ensure that our manufactured goods are respected by the
mandates set down by Congress to Buy America. So I strongly support the
gentleman's amendment.
Mr. MANZULLO. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time having expired, the question is on the
amendment offered by the gentleman from Illinois (Mr. Manzullo).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. MANZULLO. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Illinois (Mr. Manzullo)
will be postponed.
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in part B of House Report No. 108-146.
Amendment No. 1 Offered by Mr. Mica
Mr. MICA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Mica:
Page 46, strike line 20 and all that follows through page
47, line 2, and insert the following:
``(2) Monthly reports from secretary of homeland
security.--To assist in the publication of data under
paragraph (1), the Secretary of Transportation may request
the Secretary of Homeland Security to periodically report on
the number of complaints about security screening received by
the Secretary of Homeland Security.''.
Page 58, after line 24, insert the following:
(e) Eligibility of Airport Ground Access Transportation
Projects.--Not later than 60 days after the enactment of this
Act, the Administrator of the Federal Aviation Administration
shall publish in the Federal Register the current policy of
the Administration with respect to the eligibility of airport
ground access transportation projects for the use of
passenger facility fees under section 40117 of title 49,
United States Code.
Page 61, line 17, strike ``Section 41106(b) is amended''
and all that follows through ``following'' on line 18 and
insert the following:
Subsections (a)(1), (b), and (c) of section 41106 are each
amended--
(1) by striking ``through a contract for airlift service''
and inserting
Page 61, line 20, strike the period and insert ``; and''.
Page 61, after line 20, insert the following:
(2) by inserting ``through a contract for airlift service''
after ``obtained''.
Page 62, strike lines 4 through 6 and insert the following:
(2) in subsections (b)(3)(A) and (b)(3)(B) by inserting
``over a national park'' after ``operations'';
Page 62, after line 6, insert the following (and
redesignate subsequent paragraphs in section 409(a) of the
bill accordingly):
(3) in subsection (b)(3)(C) by inserting ``over a national
park that are also'' after ``operations'';
Page 63, line 14, after the period insert the following:
[[Page H5228]]
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 ending 1 hour after sunrise.
Page 71, line 13, strike ``six'' and insert ``without
regard to the criteria contained in subsection (b)(1), six''.
Page 72, strike line 24 and all that follows through page
73, line 11, and insert the following:
(f) Commuters Defined.--
(1) In general.--Section 41718 is amended by adding at the
end the following:
``(f) Commuters Defined.--For purposes of aircraft
operations at Ronald Reagan Washington National Airport under
subpart K 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 regulations to take into account
the amendment made by paragraph (1).
Page 75, line 22, after ``pay'' insert ``from local sources
other than airport revenues''.
Page 75, line 25, after ``2008'' insert ``and each fiscal
year thereafter''.
Page 76, after line 24, insert the following:
(4) Adjustments.--Section 41737 is amended by adding at the
end the following:
``(e) Adjustments To Account for Significantly Increased
Costs.--
``(1) In general.--If the Secretary determines that air
carriers are experiencing significantly increased costs in
providing air service or air transportation under this
subchapter, the Secretary may increase the rates of
compensation payable under this subchapter without regard to
any agreement or requirement relating to the renegotiation of
contracts or any notice requirement under section 41734.
``(2) Significantly increased costs defined.--In this
subsection, the term `significantly increased costs' means an
average monthly cost increase of 10 percent or more.''.
Page 78, line 20, before the comma insert the following:
or requirements contained in a subsequent appropriations Act
Page 78, after line 23, insert the following (and
redesignate subsequent subsections in section 415 of the bill
accordingly):
(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 contained 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.''.
Page 83, line 21, strike ``3 years'' and insert ``4
years''.
Page 88, strike lines 11 through 13 and insert the
following:
``(1) Make available.--The term `make available' 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.
Page 88, strike line 20 and all that follows through page
89, line 6, and insert the following:
``(3) Instructions for continued airworthiness.--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.
Page 89, strike line 19 and all that follows through page
90, line 15, and insert the following:
``(3) To determine if design approval holders for aircraft,
aircraft engines, and propellers that are in production on
the date of enactment of this section and for which
application for a type certificate or supplemental type
certificate was made before January 29, 1981, should be
required to make instructions for continued airworthiness or
maintenance 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.
Page 90, line 16, strike ``(6)'' and insert ``(4)''.
Page 90, after line 17, insert the following:
``(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 submission of comments with
respect to the proposed rulemaking.
``(e) Enforcement of Current Regulation.--The Administrator
shall review design approval holders 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 instructions, the Administrator shall
require the design approval holder to prepare such
instructions and make them available as required by this
section not later than 1 year after the design approval
holder is notified by the Administrator of the determination.
Page 90, line 18, strike ``(d)'' and insert ``(f)''.
Page 95, before line 1, insert the following:
(c) Review.--The first sentence of section 46110(a) is
amended by striking ``part'' and inserting ``subtitle''.
Page 96, line 22, strike ``air carrier'' and insert
``employer''.
Page 112, strike lines 4 through 6 and insert the
following:
(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 program
under section 47124(b)(3) or 47124(b)(4) of title 49, United
States Code.
Page 113, line 21, after ``Transportation'' insert ``, in
consultation with the Secretary of Defense,''.
Page 113, lines 24 and 25, strike ``9 months after the date
of enactment of this Act'' and insert ``September 30, 2004''.
Page 118, after line 13, insert the following:
(c) Description of Changes to Improve Operations.--A report
transmitted by the Administrator under this section shall
include a description of any changes in procedures or
requirements that could improve operational efficiency or
minimize operational impacts of the ADIZ on pilots and
controllers. This portion of the report may be transmitted in
classified or unclassified form.
Page 118, line 14, strike ``(c)'' and insert ``(d)''.
Page 120, after line 5, insert the following (and conform
the table of contents of the bill accordingly):
SEC. 443. CHARTER AIRLINES.
(a) In General.--Section 41104(b)(1) is amended--
(1) by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (4)'';
(2) by inserting a comma after ``regularly scheduled
charter air transportation''; and
(3) by striking ``flight unless such air transportation''
and all that follows through the period at the end and
inserting the following: ``flight, to or from an airport
that--
``(A) does not have an airport operating certificate issued
under part 139 of title 14, Code of Federal Regulations (or
any subsequent similar regulation); or
``(B) has an airport operating certificate issued under
part 139 of title 14, Code of Federal Regulations (or any
subsequent similar regulation) if the airport--
``(i) is a reliever airport (as defined in section 47102)
and is designated as such in the national plan of integrated
airports maintained under section 47103; and
``(ii) is located within 20 nautical miles (22 statute
miles) of 3 or more airports that annually account for at
least 1 percent of the total United States passenger
enplanements and at least 2 of which are operated by the
sponsor of the reliever airport.''.
(b) Waivers.--Section 41104(b) is amended by adding at the
end the following:
``(4) Waivers.--The Secretary may waive the application of
paragraph (1)(B) in cases in which the Secretary determines
that the public interest so requires.''.
SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.
Not later than July 1, 2004, the Secretary of
Transportation shall issue regulations to implement Chapter 4
noise standards, consistent with the recommendations adopted
by the International Civil Aviation Organization.
SEC. 445. CREW TRAINING.
Section 44918 is amended to read as follows:
``Sec. 44918. Crew training
``(a) Basic Security Training.--
``(1) In general.--Each air carrier providing scheduled
passenger air transportation shall carry out a training
program for flight and cabin crew members to prepare the crew
members for potential threat conditions.
``(2) Program elements.--An air carrier training program
under this subsection shall include, at a minimum, elements
that address each of the following:
``(A) Recognizing suspicious activities and determining the
seriousness of any occurrence.
``(B) Crew communication and coordination.
``(C) The proper commands to give passengers and attackers.
``(D) Appropriate responses to defend oneself.
``(E) Use of protective devices assigned to crew members
(to the extent such devices are required by the Administrator
of the Federal Aviation Administration or the Under Secretary
for Border and Transportation Security of the Department of
Homeland Security).
``(F) Psychology of terrorists to cope with hijacker
behavior and passenger responses.
``(G) Situational training exercises regarding various
threat conditions.
``(H) Flight deck procedures or aircraft maneuvers to
defend the aircraft and cabin crew responses to such
procedures and maneuvers.
``(I) The proper conduct of a cabin search.
``(J) Any other subject matter considered appropriate by
the Under Secretary.
``(3) Approval.--An air carrier training program under this
subsection shall be subject to approval by the Under
Secretary.
``(4) Minimum standards.--Not later than one year after the
date of enactment of the
[[Page H5229]]
Flight 100--Century of Aviation Reauthorization Act, the
Under Secretary shall establish minimum standards for the
training provided under this subsection and for recurrent
training.
``(5) Existing programs.--Notwithstanding paragraph (3),
any training program of an air carrier to prepare flight and
cabin crew members for potential threat conditions that was
approved by the Administrator or the Under Secretary before
the date of enactment of the Flight 100--Century of Aviation
Reauthorization Act may continue in effect until disapproved
or ordered modified by the Under Secretary.
``(6) Monitoring.--The Under Secretary, in consultation
with the Administrator, shall monitor air carrier training
programs under this subsection and periodically shall review
an air carrier's training program to ensure that the program
is adequately preparing crew members for potential threat
conditions. In determining when an air carrier's training
program should be reviewed under this paragraph, the Under
Secretary shall consider complaints from crew members. The
Under Secretary shall ensure that employees responsible for
monitoring the training programs have the necessary resources
and knowledge.
``(7) Updates.--The Under Secretary, in consultation with
the Administrator, shall order air carriers to modify
training programs under this subsection to reflect new or
different security threats.
``(b) Advanced Self Defense Training.--
``(1) In general.--Not later than one year after the date
of enactment of the Flight 100--Century of Aviation
Reauthorization Act, the Under Secretary shall develop and
provide a voluntary training program for flight and cabin
crew members of air carriers providing scheduled passenger
air transportation.
``(2) Program elements.--The training program under this
subsection shall include both classroom and effective hands-
on training in the following elements of self-defense:
``(A) Deterring a passenger who might present a threat.
``(B) Advanced control, striking, and restraint techniques.
``(C) Training to defend oneself against edged or contact
weapons.
``(D) Methods to subdue and restrain an attacker.
``(E) Use of available items aboard the aircraft for self-
defense.
``(F) Appropriate and effective responses to defend
oneself, including the use of force against an attacker.
``(G) Explosive device recognition.
``(H) Any other element of training that the Under
Secretary considers appropriate.
``(3) Participation not required.--A crew member shall not
be required to participate in the training program under this
subsection.
``(4) Compensation.--Neither the Federal Government nor an
air carrier shall be required to compensate a crew member for
participating in the training program under this subsection.
``(5) Fees.--A crew member shall not be required to pay a
fee for the training program under this subsection.
``(6) Consultation.--In developing the training program
under this subsection, the Under Secretary shall consult with
law enforcement personnel and security experts who have
expertise in self-defense training, terrorism experts,
representatives of air carriers, the director of self-defense
training in the Federal Air Marshals Service, flight
attendants, labor organizations representing flight
attendants, and educational institutions offering law
enforcement training programs.
``(7) Designation of tsa official.--The Under Secretary
shall designate an official in the Transportation Security
Administration to be responsible for implementing the
training program under this subsection. The official shall
consult with air carriers and labor organizations
representing crew members before implementing the program to
ensure that it is appropriate for situations that may arise
on board an aircraft during a flight.
``(c) Limitation.--Actions by crew members under this
section shall be subject to the provisions of section
44903(k).''.
SEC. 446. REVIEW OF COMPENSATION CRITERIA.
Not later than 6 months after the date of enactment of this
Act, the Comptroller General shall review the criteria used
by the Air Transportation Stabilization Board to compensate
air carriers following the terrorist attack of September 11,
2001, with a particular focus on whether it is appropriate to
compensate air carriers for the decrease in value of their
aircraft after September 11th.
SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA.
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall report to Congress on whether, in light of the demands
of business within Alaska, it would be appropriate to permit
an aircraft to be operated under part 91 of title 14, Code of
Federal Regulations, where common carriage is not involved
but (1) the operator of the aircraft organizes an entity
where the only purpose of such entity is to provide
transportation by air of persons and property to related
business entities, individuals, and employees of such
entities, and (2) the charge for such transportation does not
to exceed the cost of owning, operating, and maintaining the
aircraft.
Page 122, lines 21 and 22, strike ``or 47114(d)(3)(A)'' and
insert ``, 47114(d)(3)(A), or 47114(e)''.
Page 124, strike lines 6 through 14 and insert the
following:
Section 47107(c)(2)(A)(iii) is amended by inserting before
the semicolon at the end the following: ``, including the
purchase of nonresidential buildings or property in the
vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility
program''.
Page 127, line 24, after ``2002'' insert ``or 2003''.
Page 132, after line 8, insert the following (and
redesignate subsequent subsections of section 513 of the bill
accordingly):
(a) Period of Availability.--Section 47117(b) is amended by
striking ``primary airport'' and all that follows through
``calendar year'' and inserting ``nonhub airport or any
airport that is not a commercial service airport''.
Page 133, line 13, insert ``(a) Increased Funding Levels.--
'' before ``Subsections''.
Page 133, after line 15, insert the following:
(b) Reimbursement for Certain Construction Costs.--Section
47118(f) is amended--
(1) by striking ``Not more than'' and inserting the
following:
``(1) Construction.--Not more than''; and
(2) by adding at the end the following:
``(2) Reimbursement.--Upon approval of the Secretary, the
sponsor of a current or former military airport the Secretary
designates under this section may use an amount apportioned
under section 47114, or made available under section
47119(b), to the airport for reimbursement of costs incurred
by the airport in fiscal years 2003 and 2004 for
construction, improvement, or repair described in paragraph
(1).''.
Page 138, line 21, strike ``10'' and insert ``12''.
Page 138, line 23, strike ``Such projects'' and all that
follows through the first period on line 24 and insert the
following:
A project using an innovative financing technique described
in subsection (c)(2)(A) or (c)(2)(B) shall be located at an
airport that is not a medium or large hub airport. A project
using the innovative financing technique described in
subsection (c)(2)(C) shall be located at an airport that is a
medium or large hub airport.
Page 139, line 3, strike ``and'' the second place it
appears.
Page 139, line 5, strike the period at the end and insert a
semicolon.
Page 139, after line 5, insert the following:
(3) in subparagraph (A) (as so redesignated) by striking
``and'' at the end;
(4) in subparagraph (B) (as so redesignated) by striking
the period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(C) payment of interest on indebtedness incurred to carry
out a project for airport development.''.
At the end of title V of the bill on page 152, add the
following (and conform the table of contents of the bill
accordingly):
SEC. 525. INTERMODAL PLANNING.
Section 47106(c)(1)(A) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by adding ``and'' at the end of clause (ii); and
(3) by adding at the end the following:
``(iii) with respect to an airport development project
involving the location of an airport or runway or major
runway extension at a medium or large hub airport, the
airport sponsor has made available to and has provided upon
request to the metropolitan planning organization in the area
in which the airport is located, if any, a copy of the
proposed amendment to the airport layout plan to depict the
project and a copy of any airport master plan in which the
project is described or depicted;''.
SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Transportation shall review the status
of the airport on the Marshall Islands and report to Congress
on whether it is appropriate and necessary for that airport
to receive grants under the airport improvement program.
The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from
Florida (Mr. Mica) and a Member opposed each will control 10 minutes.
The Chair recognizes the gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this manager's amendment makes some relatively modest
changes to the legislation before us. Most of the changes are technical
in nature and address issues that were raised after the committee
approved the legislation in May.
One significant change is the provision relating to crew training,
and I want to elaborate a bit on that. Our current law provides and
requires that airlines provide hands-on self-defense training to flight
attendants to help them deal with a terrorist threat.
The amendment that we have makes clear that this training is
voluntary and that flight attendants who choose to take it will do so
on their own time. The airlines will not be required to pay
[[Page H5230]]
them while they are taking this training. The Transportation Security
Administration, not the airlines, will be providing the training. Both
the flight attendants and airlines have agreed to this particular
provision.
The airlines will still have to provide other nonphysical security
training for flight attendants. Airlines provide that training now, and
under this bill they could continue to provide the same training.
The amendment requires TSA to set minimum standards for flight
attendant training, but deletes the provision in current law requiring
the Transportation Security Administration to set the minimum number of
hours for this particular type of training. Rather, the Transportation
Security Administration should set proficiency standards and leave it
to the airlines as to how many hours of training it will take to reach
that level of proficiency.
In addition to the crew training provision, this amendment makes a
number of improvements to the bill. These improvements include the
following:
First, allowing the Department of Transportation to request
information from the Department of Homeland Security in preparing its
monthly report on passenger complaints about screening.
Next, directing the FAA to publish its policy on the use of passenger
facility charge revenue for ground access projects.
Allowing 76-seat regional jets to qualify for the commuter aircraft
slots for Reagan National Airport.
Additionally, allowing DOT to increase the subsidy to a commuter
serving a small community if that commuter is experiencing
significantly increased costs.
Another provision is allowing an airline to begin service to a small
community that previously had subsidized essential air service without
being subject to the many regulatory requirements of the Essential Air
Service program.
An additional provision is revising the provision requiring aircraft
manufacturers to make maintenance manuals available to aircraft repair
stations in order to accommodate concerns expressed by the
manufacturers.
Also we have a provision directing GAO to study how airlines were
compensated after 9-11, especially whether they should be compensated
for the devaluation of their aircraft.
A further provision directs FAA to study whether certain aircraft
operations in Alaska can be performed under part 91 of FAA rules.
An additional provision allows current or former military airports
designated by FAA to use AIP money for the reimbursement of a hangar.
Another provision allows up to 12 large airports to use AIP money for
interest payments on debts. Small airports can already do this.
Another provision requires large airports seeking to build a runway
to make their master plan available to the metropolitan planning
organization in the area where the airport is located.
Finally, we have a provision directing DOT to report on whether it is
appropriate and necessary for the airport in the Marshall Islands to
receive grants under the Airport Improvement Program.
Mr. Chairman, this is a good, bipartisan amendment. We have taken
into consideration concerns and requests from many Members, and I
believe that this manager's amendment improves on an already good piece
of legislation. I urge my colleagues to support it.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek recognition in opposition to the
amendment?
Mr. DeFAZIO. Mr. Chairman, I rise to claim the time in opposition,
despite the fact I do not oppose the amendment.
The CHAIRMAN. Without objection, the gentleman from Oregon is
recognized.
There was no objection.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Chair of the Subcommittee on Aviation has done good
work with this. A number of Members have come forward since the bill
was finalized in committee and raised concerns which have merit, as
have other concerns been raised by outside groups, for instance, the
flight attendants and others.
So we have here a clarification on the training of the flight
attendants, which we mandated earlier, the security legislation. We
have here language that would require at least some minimal cooperation
and coordination with the metropolitan planning organizations, making
certain that they are informed of plans and future plans of airports
that might have impact on communities greater than that which currently
exist.
To get some clarification, a number of concerns have been raised
regarding passenger facility charges and the standards which are being
applied by the FAA, and it certainly would be of great benefit to
consolidate and publish those requirements so that meritorious projects
across the United States can move forward to better enhance the
utilization of our airports and their capacity.
Then there was the 76-C regional jet provision for National Airport,
again something raised later on; fairly technical, but actually quite
practical and meritorious.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Minnesota (Mr. Oberstar).
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me
time.
Mr. Chairman, I concur in the remarks of the ranking member of the
subcommittee. I would add that the manager's amendment does include two
very important provisions offered by the gentleman from Oregon (Mr.
Blumenauer) to promote intermodalism.
The first requires airports that undertake major construction
projects to share their planes with MPOs, and the second requires the
FAA to clarify, consolidate, and publish its current policy for PFC for
ground transportation projects that provide access to airports. These
are long-standing issues that we attempted to deal with going back to
the beginning of the PFC era in 1990, and this a very important
clarification.
Just to expand on the point raised by the gentleman from Oregon (Mr.
DeFazio), the flight attendants self-defense training provision will
require carriers to provide all flight attendants with the basic
security training program, and those who opt for more advanced training
to do so under the auspices of the TSA.
There is a very interesting provision borrowed from our experience in
the Federal Aid to Highway program that allows AIP funds to pay
interest on debt incurred for AIP-eligible projects. We will expand
under this manager's amendment that provision from select small
airports to a very limited number of larger airports. I think that is
indeed a very good measure that will accelerate development of airport
capacity where we urgently need it.
Mr. Chairman, I appreciate the willingness of the gentleman to work
with us to include those provisions.
Mr. DeFAZIO. Mr. Chairman, I enthusiastically support the manager's
amendment, and I yield back the balance of my time.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, again I urge passage of the manager's amendment. I
think we have attempted our level best to accommodate a number of
requests from Members, particularly since the legislation was passed
out of committee. I think the best amendments with the best possible
language and compromises that could be worked out have been
incorporated into this manager's amendment. We still will work with
others as the legislation moves forward with conference.
Again, I urge the adoption of this comprehensive manager's amendment
that is also a bipartisan piece of work.
Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, if I could, I ask unanimous consent to
reclaim a portion of my time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Oregon?
There was no objection.
Mr. DeFAZIO. Mr. Chairman, I yield such time as he may consume to the
gentleman from Maryland (Mr. Hoyer).
Mr. HOYER. Mr. Chairman, I thank the gentleman from Oregon and thank
the chairman. I want to thank the gentleman from Florida (Mr. Mica),
the
[[Page H5231]]
gentleman from Minnesota (Mr. Oberstar), and the gentleman from Oregon
(Mr. DeFazio) for a provision in this bill which I think is very
important.
I represent three general aviation airports that are within the 15-
mile radius of the White House. As a result, they were shut down. They
were not shut down because they were not operating safely and fairly;
they were shut down because it was the perception and the belief of
those in charge of our national security that they posed a risk.
Obviously, they are all owned privately. They are not public
airports. As a result, there was a very substantial adverse financial
impact to many people, both who own the airports and who had
concessions at the airports.
There is authorized in this bill $100 million for the purpose of,
both at National and other surrounding airports, not only here but
throughout the country, those who suffered damage as a result of 9-11
in a very real financial sense, for them to be not made whole, because
that would be impossible at this point in time, but to be compensated
for the losses they sustained.
I want to thank the gentleman from Oregon (Mr. DeFazio), the
gentleman from Florida (Mr. Mica), and the gentleman from Minnesota
(Mr. Oberstar) for their leadership, the gentleman from Oregon (Mr.
DeFazio) in getting this authorization effected. I appreciate it. I
know they appreciate it. It is the right thing to do.
I talked to Sean O'Keefe, of course, who now heads NASA, but was
deputy director of OMB at the time of 9-11. He said he thought we ought
to do this. It has taken us some time to get it done. I appreciate the
leadership shown by the committee to effect this. I enthusiastically
support the bill and this provision.
In the aftermath of the September 11 terrorist attacks, the Federal
Aviation Administration issued temporary flight restrictions on the
small aircraft of general aviation as part of its effort to make
commercial air travel safer and to restore the public's confidence in
the security of our Nation's airways and airports.
Unfortunately, while those restrictions were lifted for general
aviation in the rest of the country, small airports in the Washington
metropolitan area have continued to languish under binding restrictions
on their operations. In fact, the only airports in the country that are
closed to incoming and outgoing general aviation are Reagan National
and the three D.C. area general aviation airports. As a result, these
small airports, specifically College Park Airport, Potomac Airfield,
and Washington Executive, are on the brink of financial ruin. These
airports have been forced to nearly cease their operations,
effectively, endangering the livelihood of their employees who have
lost income and jobs and airport owners who have lost income and jobs
and airport owners who have lost long-time customers and revenue. In
speaking with airport managers at all three of these airports, I have
heard their disturbing reports on loss of operations, reductions in
fuel sales, and loss of revenue since these flight restrictions were
put in place.
Lee Schiek, manager of the College Park Airport, reported earlier
this year that flights in and out of College Park plummeted from about
1,800 per month before September 11 to 164 per month at the beginning
of 2003, and 55 of the airport's 87 based aircraft have left for other
airports.
There is no doubt that we must stem this tide of economic decline for
general aviation. This industry is a proven, integral part of the
nation's economy, providing vital services and economic stability to
individuals, families, churches, hospitals, colleges, industry, small
businesses, and communities. Aviation transportation in Maryland is a
$1.3 billion industry, an industry too large and too important to be
hobbled any further in an already weak economy.
Today, the House of Representatives passed the FAA reauthorization
bill that will provide $100 million to general aviation to help
alleviate the cost incurred in meeting security requirements and the
revenue lost because of the interruption in operations.
The $100 million grant gives the Congress an opportunity to do for
general aviation, small airports, and small business, and the
independent pilot what we did for the airlines, large airports, and the
insurance industry in the aftermath of the terrorist attacks. This
shows that we recognize the sacrifice that general aviation has made in
the effort to make us more secure. Let's not forget: the Federal
Government imposed the restrictions on general aviation, and the
Federal Government should do its part to help ease the financial burden
those restrictions have caused. This is a fair restitution that will
start the process of a return to financial health of general aviation.
{time} 1515
Mr. DeFAZIO. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
Florida (Mr. Mica).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in part B of House Report 108-146.
Amendment No. 2 Offered by Ms. Norton
Ms. NORTON. Mr. Chairman, I offer amendment No. 2.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Ms. Norton:
Page 73, after line 11, insert the following:
(g) Removal of Certain Limitations on Metropolitan
Washington Airports Authority.--Section 49108 and the item
relating to such section in the analysis of chapter 491 are
repealed.
The CHAIRMAN. Pursuant to House Resolution 265, the gentlewoman from
the District of Columbia (Ms. Norton) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from the District of Columbia
(Ms. Norton).
Ms. NORTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I think I have an amendment, and this is the way to
start off, that I think the entire House can support. The entire region
supports this amendment on a bipartisan basis. I think Members are
going to be hearing from the gentlemen from Virginia, Mr. Wolf and Mr.
Davis, who had wanted to speak to it.
It is noncontroversial because I think Members do not want to put any
airport authority at a disadvantage. Section 49-108 requires only the
Metropolitan Washington Airport Authority to come back to Congress
before receiving airport improvement funds and facility fees. These are
always guaranteed, once appropriated.
Many know that Dulles has a $2.4 billion construction project
underway now as we go in and out. This provision to come back to
Congress in September of 2004 puts at risk the funds to continue with
that operation.
The airport authority has an excellent bond rating and saves millions
of dollars because of its bond rating, but the bond markets could read
the unique treatment of this region negatively to mean that there is a
risk of interruption of construction in progress. In fact, there has
been before, although not for this reason. For other reasons there has
been such a risk.
The reason that risk would be seen is because Congress forces this
airport authority in this region to return and have authorized what
other airports get as a guaranteed matter.
All agree that the Washington airport authority has done an
outstanding job of operating and improving our airports. There will be
multiple opportunities for Congress to have oversight over the
Metropolitan Washington Airport Authority because we own the land, and
therefore, at will, Congress can call back the airport authority.
We are in this FAA reauthorization bill, and we will be here,
therefore, every few years. This is a win-win. By voting for my
amendment Congress gets its oversight, and there is no interruption of
work in progress at Dulles because of doubts planted by section 49-108
about congressional intention to release funds guaranteed to other
jurisdictions.
I ask that my amendment be passed.
Mr. Chairman, I reserve the balance of my time.
Mr. MICA. Mr. Chairman, I claim time in opposition to the amendment.
The CHAIRMAN. The gentleman from Florida (Mr. Mica) is recognized in
opposition.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I do have some questions about this amendment. I think
we are going to probably acquiesce to the amendment, but Ronald Reagan
National Airport and Dulles International Airport are unique airports.
They are the only federally owned commercial passenger airports in the
country. They were federally chartered and
[[Page H5232]]
are not subject to the oversight, as I understand it, of the Governor
of Virginia.
This amendment gives the Secretary of Transportation permanent
authority to provide grants to the Washington Metropolitan Airport
Authority. By doing so, it removes in some ways, Congress'
responsibility and ability to make periodic reviews of the airport
authority's operations.
This is a unique situation. We owe it to our Nation's taxpayers to
fulfill our oversight responsibilities, and sometimes Congress needs to
be reminded legislatively to do so. This amendment will change that
dramatically.
I have great reservations about this amendment, and I urge my
colleagues to look at this amendment.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Virginia
(Mr. Wolf), who has an opposing opinion.
Mr. WOLF. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in strong support of the Norton amendment. I
would ask all Members to support it.
This airport authority, I was involved, as was the gentleman from
Minnesota (Mr. Oberstar), Mr. Mineta, and a number of us, the gentlemen
from Virginia, Mr. Moran and Mr. Davis, in putting this together. They
have done an outstanding job. Those airports were in the 19th century
when they took it over. Dulles has expanded and has first-class
service. If we look at National Airport now with the parking and
everything else, they have really done a great job.
I would urge the House to respect the local airports authority, which
has proven I think, without doubt, it can successfully operate both of
these airports. I would urge them to support the Norton amendment. I
would say if Members bring this back to their own hometown, just as
they would not want Congress dictating how to run Members' local
airports, we really do not want the Congress to tell them how to run it
because they have done an outstanding job.
With that, I would urge that Members support the Norton amendment. I
strongly support it. I appreciate the efforts of the gentleman from
Virginia (Mr. Davis) with regard to that.
Mr. Chairman, I rise today in strong support of the Norton amendment
which would repeal the requirement that the Metropolitan Washington
Airports Authority (MWAA) must come to Congress before September 30,
2004, to ensure that the local airports can continue to receive
development project grants and impose a passenger facility fee.
I was part of the bipartisan coalition in 1987 which successfully
secured the passage of legislation signed by President Reagan which
transferred both Reagan National and Dulles International from Federal
control to the local airports authority. Because of that change to
local control, both airports today are success stories.
Passenger activity at National and Dulles Airports has nearly doubled
to 31 million passengers in 2002. A massive capital development program
at both airports has totaled well over $3 billion. Reagan National
Airport was modernized in 1997 with a new terminal building including
major improvements to airport traffic management and Metro system
connections.
At Dulles, there are new concourses and the airport's first parking
garages, and under way is a $3.2 billion capital improvement project.
In tandem with the airport's growth, the Smithsonian Institution will
open its new Air and Space Museum annex later this year located at
Dulles Airport.
These airports have proven they are quality facilities serving not
only the people in the Washington area, but air travelers across the
Nation and around the world.
There is simply no reason for the airports to be called to Congress
to prove their worthiness. What other airports in the country have to
make such a command performance? None. Zero.
Congress got out of the airports business in 1987. It's time to stop
micro-managing Reagan National and Dulles.
I also want to say how disappointed I am that Mr. Moran was
foreclosed by the rule from offering his amendment on the slots issue
at Reagan National.
A delicate balance exists between flight operations at Dulles and
Reagan. Increased take offs and landings at Reagan National and more
flights beyond the 1,250-mile perimeter hurt Dulles, where longer haul
flights originate. Those flight changes also mean coping with more
noise for citizens living in the Washington area.
I would urge my colleagues to respect the local airports authority,
which has proven it can successfully operate the Washington area
airports, and support the Norton amendment.
Just as you would not want Congress dictating how to run your local
airport, I would ask you to let the Metropolitan Washington Airports
Authority do its job in operating Reagan National and Dulles without
congressional interference.
Mr. MICA. Mr. Chairman, I reserve the balance of my time.
Ms. NORTON. Mr. Chairman, I yield myself such time as I may consume.
I particularly appreciate the support of the gentleman from Virginia
(Mr. Wolf). He is the transportation expert in this region, and he is,
I think, the acknowledged transportation expert in this House.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Minnesota (Mr. Oberstar).
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, I rise in support of the amendment offered by the
gentlewoman from the District of Columbia, Ms. Eleanor Holmes Norton,
which would repeal a section of the law that requires the Metropolitan
Washington Airports Authority (MWAA) to obtain special legislation to
be eligible to receive airport project grants and to impose passenger
facility fees. No other airport is required to seek such congressional
approval. While this procedure may have been justified in the early
days of MWAA, it has outlived its usefulness.
Until 1986, the National and Dulles airports were run by the Federal
Aviation Administration (FAA). When the airports were transferred to a
regional authority in 1986, there were concerns that the regional
authority would be unduly influenced by local interests, and not carry
out federal objectives for the airports serving our Nation's Capital.
To ensure that Federal concerns were considered, the 1986 legislation
established Federal oversight over MWAA's activities, including Federal
representation on its Board of Directors, special requirements in
MWAA's lease agreement with the Department of Transportation, and
requirements for audits of MWAA by the General Accounting Office (GAO).
In 1996, Congress further strengthened its oversight by requiring
that new legislation would have to be passed for MWAA to be elible for
AIP grants or PFCs, after October 1, 2001. The FAA reauthorization act
of 2000, known as AIR-21, continued MWAA's eligibility, but required
new legislation for eligibility after October 1, 2004. These provisions
are unique to MWAA; no other airports operator has such restrictions on
its eligibility for funding.
It is my understanding that although MWAA enjoys an excellent bond
rating, the fact that they must continually come to Congress to receive
grant monies or charge a PFC has caused concerns in the bond community.
Continuing to place MWAA's funds in a different status from those of
other airports could negatively affect its current high bond rating,
resulting in higher interest charges, and possibly higher rents and
fees at the airports.
I believe that MWAA has done an outstanding job in developing
National and Dulles Airports, carrying out the objectives of the 1986
legislation. We no longer need to treat MWAA differently than all other
airport authorities. The Federal directors on MWAA's Board, this
Committee's continuing oversight, and GAO audits will ensure that
Federal interest in the airports continue to be respected.
I urge my colleagues to support this amendment.
Ms. NORTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Chairman, I thank my friend and colleague,
the gentlewoman from the District of Columbia (Ms. Norton), and the
ranking member, the gentleman from Minnesota (Mr. Oberstar), for
supporting this amendment.
The reason why the gentlewoman and I offered this amendment is that
we really have an unfair provision here that, as the gentlewoman from
the District of Columbia (Ms. Norton) said, does not apply to any other
airport authority. It says that we cannot receive in the Washington
area any new airport improvement grants or new passenger facility
charges until we come back to the Congress.
This is in violation, really, of a 1986 agreement that then Mrs.
Dole, Elizabeth Dole, who was Secretary of Transportation, made with
the Washington region. The words said that the airport authority, the
Metropolitan Washington Airport Authority, will have ``full power and
dominion over, and complete discretion in, operation and development of
the Airports.''
[[Page H5233]]
In return, Virginia, D.C., and Maryland agreed to accept operational
control of the airports and raise the money necessary to modernize
them. We fulfilled our part of the bargain. We have two terrific
airports. We funded them and we operate them. All we are asking is that
we be treated like every other airport, and that we not have to come
back and get this special authority to be able to continue doing what
we, under law, are doing and doing very well.
The expansion of slots is micromanaging an airport by the Federal
Government that really is in contradiction to the agreement. Likewise,
it is designating some of those slots to go beyond the 1,250-mile
perimeter rule.
National Airport was not built to accommodate transcontinental
flights. It was built for short-haul flights to serve midsized cities.
Ultimately, this is going to harm those midsized cities up and down the
east coast, basically east of the Mississippi River. It is going to
hurt their economy. It also jeopardizes the economy, the economic
viability, of Dulles Airport, which was built to handle
transcontinental flights.
If we start sending those flights to National, even though it is more
convenient to get to National, it really hurts Dulles. It is going to
hurt the economy, not just for this region, but of the Nation.
Ms. NORTON. Mr. Chairman, I yield the balance of my time to the
gentleman from Virginia (Mr. Davis).
Mr. MICA. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Davis).
The CHAIRMAN. The gentleman from Virginia (Mr. Davis) is recognized
for 1\1/2\ minutes.
Mr. DAVIS of Virginia. Mr. Chairman, I thank my friends for yielding
time to me.
As my friends know, this is a very important economic issue to those
in Washington, Virginia, and the entire metropolitan area as well. We
are the only airport in the country that faces these restrictions over
their money.
If we want to continue the multibillion-dollar redevelopment efforts
at Dulles Airport, these are the kinds of restrictions that can knock
that out the window. That hurts flights coming into the Washington
area. It does not help them at all. However well-intentioned this is
with trying to keep congressional oversight, it can actually have a
detrimental effect on this.
Congress has been reluctant to exercise that oversight. We would not
have had the new terminal at Reagan National or at Dulles, had the
Federal Government remained in charge of this. We have done this
through some grants from the government, but through a lot of local
taxes as well. That has improved air service to this region.
We also play a very dangerous game with the economic balance between
the different airlines that have paid for slots when we start holding
this up to have Federal approval of these. I think this is not
warranted in any way, shape, or form.
I think the gentlewoman's aim is absolutely correct. I support it
wholeheartedly. The 2.4 billion expansion that is currently underway is
jeopardized should this amendment go down, or should we somehow kick in
the authority that is sought that is now, under the manager's
amendment, postponed to 2007; but should that kick in, that money would
be at risk should there be any kind of congressional deadlock on
Federal grants. That would be unusually detrimental.
Let us lift this restriction entirely. Congress can always step back
in should there be a reason, but I think the gentlewoman's amendment is
required at this point. I urge its adoption.
Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we have heard from some outstanding Members of Congress
who represent the greater Washington area and the Northern Virginia
area. They have been strong advocates for Ronald Reagan National
Airport. They have done a great job in looking after that national
asset.
It truly is unique. It is the only airport, that and Dulles, that are
owned by the Federal Government. This is a protection for the
taxpayers, and it is good to have required periodic review and
oversight.
I do have questions about the amendment, but I do believe that they
have the support to pass the amendment, so I express that concern.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from the District of Columbia (Ms. Norton).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in part B of House Report 108-146.
Amendment No. 3 Offered by Mr. Peterson of Pennsylvania
Mr. PETERSON of Pennsylvania. Mr. Chairman, I offer amendment No. 3.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Peterson of Pennsylvania:
Page 75, strike line 12 and all that follows through line
18 on page 76.
Page 76, line 19, strike ``(3)'' and insert ``(2)''.
Page 81, line 13, strike the following:
``(1) Eligible places.--
Page 81, strike lines 18 through 22.
The CHAIRMAN. Pursuant to House Resolution 265, the gentleman from
Pennsylvania (Mr. Peterson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Peterson).
Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I would first like to compliment the chairman and the
ranking member for, I think, putting together an exceptional bill. I
want to thank them for working with us on this amendment that we think
will improve the bill.
I am glad to be joined by the gentleman from New York (Mr. McHugh)
and the gentleman from Pennsylvania (Mr. Shuster) to offer an amendment
that will remove the copayment for a number of the smallest airports
who will be receiving essential air service, saving them from making a
copayment.
We understand the logic, but at the present time we all know that our
airlines are in trouble. We have bailed them out with $18 billion
trying to keep them solvent. We know airports are struggling. We know
the commuter services are struggling even more because a lot of the
commuter services got no portion of that bailout. We know that small
commuter airports are fighting for their economic lives, and often in
communities that are fighting for their economic lives.
Just for example, the Venango Regional Airport is trying to raise
$6,000 to market the services there and improve emplanements. If this
amendment was not accepted, they would be paying $22,000 the first
year, which I think would be much better used marketing, and on the
fourth year would be paying $87,000.
It is important that we pass this amendment that allows these small
regional airports to rebuild the services.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Pennsylvania (Mr. Shuster), who wants to help support this bill.
{time} 1530
Mr. SHUSTER. Mr. Chairman, I thank the gentleman for yielding me
time.
I also want to congratulate the gentleman from Alaska (Mr. Young) and
the gentleman from Florida (Mr. Mica) and the ranking member, the
gentleman from Minnesota (Mr. Oberstar), and the gentleman from Oregon
(Mr. DeFazio) for what I consider an excellent bill.
As my colleagues said, I think this amendment will improve the bill.
The intent of our amendment is to strike the language that imposes cost
sharing of EAS funds on a select few small communities, rural community
airports.
These communities today are struggling to meet their current
financial situations brought about by a sluggish economy and an
increased cost on homeland security. These air links for these
communities are vital, vital for economic development, especially in
rural America from which I hail.
Some would say that there are significant costs savings; but if you
look at this relative to the overall bill, we have a $59 billion bill
over 4 years, and this language would only save $7.5 million. Here in
Washington that is small
[[Page H5234]]
change; but in rural America that is significant, significant to these
small and rural communities.
So I would like to thank the gentleman from Alaska (Mr. Young); the
gentleman from Florida (Mr. Mica); the ranking member, the gentleman
from Minnesota (Mr. Oberstar); and the gentleman from Oregon (Mr.
DeFazio) for accepting this amendment and supporting it. Once again, I
congratulate them on a tremendous bill, a strong bill that is going to
help all of America.
Mr. MICA. Mr. Chairman, I rise in opposition.
The CHAIRMAN. The gentleman from Florida is recognized for 5 minutes
in opposition to the amendment.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, again, I have some reservations and I think I have the
responsibility as Chair of the subcommittee to raise those reservations
about the amendment.
It is being put forth by three outstanding Members with very good
intentions. They represent rural airports and are concerned about
service and the contribution. Let me say, though, that this program
goes back to 1970, late 1970s when we deregulated the airlines; and
each year subsequently some of these communities have gotten this
subsidization of service and some should use it, maybe some should not.
The nature of the aviation industry has changed dramatically, and
service has changed dramatically around the country. And we are looking
for ways to enhance that service, particularly to the small community.
And you can find no stronger advocate than me in that regard.
The administration had proposed a 25 percent match; and as a
compromise, we lowered that to some 10 percent. We also have a
provision in here for a waiver for hardship cases. We do believe that
some review is necessary and that there should not be an automatic
disbursement from Washington without some equal match. And also I might
add for the record that we have increased the authorization from some
$65 million to $115 million. So I have concern about this.
My concern also is that in the long run we will have less money. We
may have appropriators who may just take a pen and slash through the
program, and we can possibly see harm done to a program that we all
want to assist. So it is a good program.
I have concern about the amendment. I think that we are going to let
this amendment pass and then hopefully it will be considered in
conference. But I wanted to raise those points that I think are in the
best interest of the essential air service for all of our smaller
communities.
Mr. Chairman, I reserve the balance of my time.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield 1 minute to the
gentleman from New York (Mr. McHugh).
(Mr. McHUGH asked and was given permission to revise and extend his
remarks.)
Mr. McHUGH. Mr. Chairman, I thank the gentleman for yielding me time.
I want to thank my two colleagues and neighbors from the great State
of Pennsylvania to the south for their hard work and leadership. It has
been a pleasure to work with them.
I want to echo their statements in support of the subcommittee
chairman, the gentleman from Florida (Mr. Mica), and the gentleman from
Alaska (Mr. Young) and the ranking member and other distinguished
members. I think they have made this particular provision far better
than the administration's original proposal.
I am very sensitive and cognizant of the concerns that we just heard
the subcommittee chairman voice. And clearly before we take the next
step, we want to make sure we understand the full ramifications of what
we are doing.
Let me state a couple of things. First of all, I think there are few
times in this Nation's history when this kind of initiative would be
more inappropriate. Following September 11 the airline transportation
industry was particularly challenged, and those in rural communities
are especially under fiscal duress, 20 to 30 percent property tax
increases in the making as we speak. Any added burden at this time, I
think, would be particularly difficult to accommodate.
The second is the question that the subcommittee chairman raised with
respect to accrued savings. In my district I think we have a perfect
example of where we have three communities that are partnered together
in a single package. If this 10 percent cost share were to prevail, the
one community that is the most efficient, the most effective, and has
most to it would be affected by that 10 percent and would likely
withdraw and the end percent, I would respectfully suggest, would
actually be a greater outlay in subsidy by the Federal Government
rather than savings.
So I think the subcommittee chairman is right. We wanted to
understand the full ramifications of this; and as we attempt to do that
to conference and beyond, certainly, this is a very appropriate
amendment. I thank the chairman and the subcommittee chairman and the
ranking member for agreeing to it.
Mr. CHAIRMAN, It is imperative that the House approve the amendment
we offer here today. The cost-sharing provisions in the bill put at
risk the very foundation of the Essential Air Service program.
For those of us who have served in Congress for some time, it will be
recalled that we have fought this battle to preserve air service to our
rural communities many times. Each year, I join the fight to identify
and enact funding to help maintain the program and, consequently,
maintain air service to four--soon to be five--subsidized communities
in Northern New York.
As many of you are experiencing in your own States, budget deficits
are running rampant and New York is no different; our counties and
localities are suffering no less. I fear it will be an insurmountable
burden for cash-strapped local governments already coping with property
tax hikes in the 20-30 percent range. It is simply asking too much.
This program is vitally important to our economy in rural America and I
believe it is particularly important to continue fighting to see that
it is fully funded.
I have at least one community in the District I represent that is
impacted by the cost-sharing provisions of this bill. Relying solely on
mileage figures can be greatly misleading in determining the true
distance and actual time when speaking about an area like Northern New
York. Oftentimes snow can be found on the ground 8 months out of the
year and the interstate highway that connects this EAS community and
the small hub is all too frequently closed on a moment's notice due to
service weather.
While the suggested purpose of the cost-sharing provisions is to
reduce the cost of the overall program, I question whether that will
truly be the ultimate result. In my State, three of my EAS communities
are served by one contract with one airline--a triple hit, if you will.
The airline is paid on sum of money for serving three communities. If
one of these communities is required to cost share, and is unable to do
so, it will be knocked out of the program. What, then, happens to the
subsidy determination of the other communities. The community no longer
eligible has the highest enplanements of the three and, theoretically,
the lower costs. Will the airline then require higher subsidies from
the Federal Government to serve the two remaining communities? If so,
the objective of saving Federal money won't be realized.
I understand some believe that communities need to have this type of
vested financial interest in the program so they will encourage usage
of the service. I believe this, too, is an inaccurate representation.
Rural EAS communities all across America already have a significant
vested financial interest--through subsidization of their airport
operations, capital investments, etc.
It is true the cost-sharing provisions are not a requirement and
there is a waiver provision. But be assured the Department of
Transportation will make every effort to implement it. Otherwise, why
make it an option?
In closing, Mr. Chairman, let me say that I appreciate the
Transportation Committee's commitment to the increase in the authorized
funding level contained and to provide for an optional program that
would allow interested communities to devise alternative transportation
service for their residents, if they willingly choose to do so.
That having been said, we must not cut off communities like those in
Northern New York that have come to depend on this service. But that is
exactly what will happen if cost-sharing is implemented. It is a
slippery slope that I respectively suggest we do not want to go down.
I strongly urge your support for, and passage of, the Peterson-
McHugh-Shuster amendment to save the Essential Air Service program. The
program is perhaps the singular most important asset to the economy
recovery of our rural communities.
[[Page H5235]]
Mr. MICA. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN pro tempore (Mr. Sweeney). The gentleman from Florida
(Mr. Mica) has 2\1/2\ minutes remaining. The gentleman from
Pennsylvania (Mr. Peterson) has 1 minute remaining.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I do have some concerns. We are willing to work with
those who have offered this amendment today. We do not want to do harm
when we want to do good, particularly in providing essential air
service to our smaller communities. So with those concerns raised, this
probably will pass, but I did want to state my concern for the record.
Mr. Chairman, I yield 1 minute to the gentleman from Minnesota (Mr.
Oberstar), the ranking member of the full committee.
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me
time.
We have worked with the chairman and the chairman of the full
committee on this EAS program, and I talked about it in my remarks
during general debate about how important it is for small communities,
but I just want to make it clear that the committee really made
significant effort here to protect EAS cities. And it should be noted
that we expanded the program, a 10 percent local share for cities that
are less than 170 miles from a large or medium-hub airport or less than
75 miles from a small-hub airport. And out of concern that small
communities might not be able to pay that share, the chairman and the
chairman of the full committee worked with us and the ranking member,
the gentleman from Oregon (Mr. DeFazio), to include a hardship
provision, to allow the Secretary to waive that local share if the
community is unable to pay and can demonstrate that inability to pay.
So we did not ignore these needs.
We addressed them I think in a very appropriate and thoughtful
fashion. I want that to be stated in concert with the chairman who
expressed those concerns. And I think by increasing the funds we have
made it a lot easier to get service to EAS airports.
The CHAIRMAN pro tempore. Both Members have 1 minute remaining.
The gentleman from Pennsylvania (Mr. Peterson) is recognized.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I again want to thank the chairman and ranking member
for their support. I understand how they were trying to protect this
program. As an appropriator, I can assure the gentleman that I will be
working to solve that problem on the appropriations side. We have had
our opponents.
I have never understood when we can spend $7.5 billion for mass
transit and not ask a question. We spend merely $100 million to provide
rural air service, it is the one rural program, it has been continued
under attack since I have been here. And I understand, but I do not
think there has ever been a time that we need to give the rural
airports a chance to pull themselves up by their bootstraps, to
reinvigorate the use of these airports, when the airports were shut
down literally because of the parking requirements, they all lost their
parking lots because it had to be so many hundred feet before you could
park a car from an airport; these rural airports were all shut down
unless they were parking in plowed fields. It caused damage that has
not recovered yet.
We are hoping to get some marketing money so we can get the service
back there to these rural communities because it is a vital part of
economic development and growth. And we know that most of the money
went to the big airlines and did not trickle down to the privates that
served them.
So we just are thankful that the gentleman is willing to work with
us. We might be willing to look at a partnership with the States if we
can get the States to buy in to help a little bit with this program,
but to put it on the individual communities will not work.
The CHAIRMAN pro tempore. The gentleman from Florida (Mr. Mica) has 1
minute remaining.
Mr. MICA. Mr. Chairman, I yield the balance of my time to the
gentleman from Minnesota (Mr. Oberstar), the ranking member.
Mr. OBERSTAR. Mr. Chairman, I would just take a moment to express my
appreciation for the recognition by the gentleman from Pennsylvania
(Mr. Peterson) that it has been the Committee on Appropriations that
has been the obstacle on EAS. It has been the Committee on
Appropriations that has time and again put legislative limitations on
the use of EAS funds.
Now, if we have an advocate over there in the Committee on
Appropriations in the form of the gentleman from Pennsylvania (Mr.
Peterson), maybe we can get all of this straightened out and make sure
that those dollars do flow. Because we can write the authorizations;
but if the appropriations do not flow or if there are further
limitations on it, then all this good work we do in our committee is
undercut.
Mr. MICA. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Pennsylvania (Mr. Peterson).
The amendment was agreed to.
The CHAIRMAN pro tempore. It is now in order to consider amendment
No. 4 printed in part B of House Report 108-146.
Amendment No. 4 Offered by Mr. Pitts
Mr. PITTS. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Pitts:
Page 82, before line 11, insert the following:
(g) Measurement of Highway Mileage for Purposes of
Determining Eligibility for Essential Air Service
Subsidies.--
(1) Determination of eligibility.--Subchapter 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:
``Sec. 41746. Distance requirement applicable to eligibility
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.
``(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 airport. 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.''.
(b) 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 service subsidies.''.
(h) Repeal.--The following provisions of law are repealed:
(1) Section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731
note).
(2) Section 205 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 41731 note).
(3) Section 334 of the Department of Transportation and
Related Agencies Appropriations Act, 1999 (section 101(g) of
division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999) (Public Law 105-277;
112 Stat. 2681-471).
(i) 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 subsidy eligibility under section 332 of the
Department of Transportation and Related Agencies
Appropriations 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.
(2) Eligibility determination.--Not later than 60 days
after receiving a request under subsection (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
amendment made by subsection (g) of this bill to subchapter
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
[[Page H5236]]
air service subsidies under subchapter II of chapter 417 of
title 49, United States Code, as amended by this Act.
The CHAIRMAN pro tempore. Pursuant to House Resolution 265, the
gentleman from Pennsylvania (Mr. Pitts) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the essential air service program is important for many
small airports throughout the country. It helps smaller communities to
connect with larger cities and their airports and facilitates travel,
tourism, and economic development.
To be eligible to receive such assistance, the community where the
airport is located must be greater than 70 miles from the nearest large
or medium-hub airport according to the most commonly used highway
route. However, the Department of Transportation does not always use a
consistent standard in determining the most commonly used highway
route, nor do they actually determine the most commonly used route.
Sometimes they have use the most direct route, even if it means taking
back roads.
In my congressional district, this has led to the Lancaster Airport
to lose its eligibility for the EAS program. The Department, using the
most direct route, determined Lancaster Airport to be 68.5 miles from
the Philadelphia International Airport. However, the route they chose
would take the average driver more than 3 to 4 hours to drive. It winds
along the old Lincoln Highway through dozens of small towns. In fact,
anybody from my district knows that this is probably the worst way to
get to Philadelphia.
The most commonly used highway route, the one that locals know as the
fastest, uses the Pennsylvania Turnpike or other highways; and this
route may be 12 miles longer, but you can get to Philadelphia in half
the time. Because the Department is using the wrong route, Lancaster
Airport's only commercial air carrier ceased operations at the airport
on March 23 of this year.
The air carrier maintained that current market condition, fewer
passengers and high costs made it impossible to continue without
investment from the EAS program. This issue affects other small
airports throughout the country and could affect more if this issue is
not addressed.
My amendment addresses this problem by requiring the Secretary of
Transportation to define a consistent standard for determining the most
commonly used route. It also requires the Secretary to consult with the
Governor of the State in which the airport in question is located or
the Governor's designee as to the most commonly used highway route
between that airport and the nearest large or medium-hub airport.
Essentially, my amendment seeks to inject predictability and common
sense into the process for determining EAS eligibility. It is narrowly
tailored to improve the EAS eligibility process without impeding on the
Secretary's authority to determine eligibility. I urge my colleagues to
support this amendment.
Mr. Chairman, I reserve the balance of my time.
{time} 1545
Mr. Chairman, I yield such time as he may consume to the gentleman
from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Chairman, I thank the gentleman for yielding
me the time.
I think his amendment has merit, but I am going to talk about just
the bill itself for a few moments. I want to thank again the gentleman
from Oregon (Mr. DeFazio) and the gentleman from Minnesota (Mr.
Oberstar), especially my good chairman the gentleman from Florida (Mr.
Mica) for doing the work on what I think of as a very good bill.
Air travel is coming back, as the gentleman from Minnesota (Mr.
Oberstar) has mentioned before. It is important that we look at where
we were before 9/11 and recognize that those challenges are raising
their heads again: the on-time provisions, the utilization of our
airstrips, technology which is now available which was not available
before, before AIR 21 was there, and I think we can use our airports
more effectively.
It is our goal through this legislation and as the authorization for
4 years that we will see the time when we go beyond those numbers that
we had prior to 9/11. But nothing happens in this body without the
cooperation from one another. I think this is an example of how
committees should work together in a bipartisan effort to achieve what
is best for the Nation as a whole.
This bill does that and I want to compliment again both sides, and I
am very, very confident this bill will pass overwhelmingly, and I thank
everybody that has been involved.
The CHAIRMAN pro tempore (Mr. Sweeney). Does anyone rise to claim
time in opposition?
Mr. DeFAZIO. Mr. Chairman, I rise to claim the time in opposition,
although, I do not intend to speak in opposition.
The CHAIRMAN pro tempore. Without objection, the gentleman is
recognized for 5 minutes.
There was no objection.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
I actually rise in strong support of the gentleman's amendment. I
represent a State that has topography which is foreign to many of the
bureaucrats inside the Washington, D.C. Beltway, as do other Members
from even more challenging terrain in Alaska and elsewhere, and it is
hard for them to conceive that what looks on a map as a pretty
straightforward route might happen to be a route that is not open in
the wintertime or, even if it is open some of the time in the
wintertime, it is often impassable; that even in the best of times it
is over a mountain range, even though it is the shortest distance.
So I think common sense certainly being applied as an antidote to
bureaucratic intransigence in this case is very well merited, and I
congratulate the gentleman on his amendment. It is something I had
missed in my perusal of the bill, and many others I know would be
concerned for this. We thank him for his vigilance and the amendment.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Minnesota (Mr. Oberstar).
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, I rise in support of the amendment offered by the
gentleman from Pennsylvania, Mr. Pitts, which would clarify the
measurement of highway mileage for purposes of determining essential
air service (EAS) eligibility.
Under current law, communities are not eligible for the EAS subsidy
if they are less than ``70 highway miles'' from the nearest large or
medium hub airport. Congress first imposed this 70-mile standard in the
FY1992 Transportation Appropriations Act, and renewed it every fiscal
year until the FY2000 Appropriations Act, which made it a permanent
restriction.
In AIR 21, Congress gave the Department discretionary authority ``to
provide assistance with respect to a place that is located within 70
highway miles of a hub airport if the most commonly used highway route
between the place and the hub airport exceeds 70 miles.'' Nevertheless,
despite its discretionary authority, the Department generally employs
the ``most direct route'' standard. This issue has created controversy
and even litigation between local communities and the Department,
including litigation that involves Lancaster Airport in the gentleman's
district.
The gentleman's amendment would require the Department to use the
``most commonly used route standard'' in measuring mileage for EAS
eligibility. Additionally, the amendment would require local input in
determining the ``most commonly used highway route.'' Specifically, the
amendment would require the Secretary of Transportation to consult with
the Governor of the State in which the airport is located as to the
most commonly used highway route between that airport and the nearest
hub airport. Further, the amendment requires the Secretary to
promulgate by regulation a consistent standard for calculating the most
commonly used route.
It will bring into the EAS program deserving eligible communities
that have otherwise been cut off arbitrarily by current law. This is a
common sense change. If we are to have a mileage standard for EAS it
should be based on the miles people will actually drive, not a
theoretical route, which probably takes longer than the actual route.
The gentleman's amendment will make the law reflect reality.
For these reasons, I support the gentleman's amendment.
[[Page H5237]]
Mr. DeFAZIO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Ms. Corrine Brown).
Ms. CORRINE BROWN of Florida. Mr. Chairman, I would like to thank the
gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr.
Mica), the gentleman from Minnesota (Mr. Oberstar) and the gentleman
from Oregon (Mr. DeFazio), for their hard work in bringing this bill to
the floor today and for working with Members on and off the committee
to ensure a fair process that includes Members' ideas.
It is very fitting that we pass this legislation in the same year
that we are celebrating 100 years of providing power flights. We had a
good debate in both the subcommittee and full committee, and I expect
it to continue today and throughout the conference.
Since 9/11 the Committee on Transportation and Infrastructure has
been focusing on improving the security of our transportation
infrastructure and ensuring the safety of the traveling public. This
reauthorization bill goes a long way in accomplishing this goal and
fits well into the overall homeland security plan we are developing.
The FAA has a very important job to do, and this bill provides
additional funding and the direction that would allow the FAA to
improve the air transportation system for passengers, airports,
airlines and many businesses that rely on the aviation industry.
I encourage my colleagues to support the bill and this amendment as
we continue on the road to improved safety and security for the
traveling public.
The CHAIRMAN pro tempore. The Chair would advise Members that the
gentleman from Pennsylvania (Mr. Pitts) has 1\1/2\ minutes remaining
and the gentleman from Oregon (Mr. DeFazio) has 1\1/2\ minutes
remaining.
Mr. PITTS. Mr. Chairman, I yield 1 minute to the gentleman from Iowa
(Mr. Leach).
Mr. LEACH. Mr. Chairman, I thank the gentleman for yielding me the
time.
I want to thank him for bringing this amendment. It is a very
thoughtful amendment. It is a very small amendment. On the other hand,
it relates to few airports in the country, and it relates to techniques
to bring rationale indeed to how one devises standards.
It happens to affect one airport in my district in the town of
Ottumwa; and Ottumwa is a wonderful, small American community, and
there are those of us that truly love this community and its airport
which can be knocked out of service with great ease. In fact, it
largely is today, based upon certain definitional issues.
This helps to address those definitional issues. It helps to bring
rationality to government programming, and it helps people in a very
real way, and so I want to thank the gentleman from Pennsylvania (Mr.
Pitts) for his thoughtful leadership, and I would hope the committee
would sympathetically concur in the gentleman's amendment.
Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
Mr. PITTS. Mr. Chairman, I want to thank the gentleman from Iowa, the
gentleman from Oregon (Mr. DeFazio), the ranking member and the
chairman of the committee and the subcommittee for their support; and I
yield the balance of the time to the gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Chairman, I just wanted to conclude both the debate on
the amendment and more than likely the debate on this legislation. I
thank everyone for their cooperation. This truly does show how
legislation can be drafted in a bipartisan manner, and it shows too
with the gentleman from Pennsylvania's (Mr. Pitts) amendment, which I
rise in support of, that all the good ideas just do not come from the
committee.
He has a good idea. It will improve this bill. It shows the majesty
of the system our Founding Fathers created, and this working today does
demonstrate good legislation.
I rise in support again of the Pitts amendment and the bill, the
underlying measure.
Mr. PITTS. Mr. Chairman, I yield back my time.
The CHAIRMAN pro tempore. All time for debate has expired.
The question is on the amendment offered by the gentleman from
Pennsylvania (Mr. Pitts).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. MICA. Mr. Speaker, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Sequential Votes Postponed In Committee Of the Whole
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed in the following order: amendment No. 5
printed in part B offered by the gentleman from Illinois (Mr.
Manzullo), amendment No. 4 printed in part B offered by the gentleman
from Pennsylvania (Mr. Pitts).
The first electronic vote will be conducted as a 15-minute vote. The
second electronic vote will be conducted as a 5-minute vote.
Amendment No. 5 Offered by Mr. Manzullo
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Manzullo) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 426,
noes 0, not voting 8, as follows:
[Roll No. 262]
AYES--426
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballance
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Case
Castle
Chabot
Chocola
Clay
Clyburn
Coble
Cole
Collins
Conyers
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Janklow
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
[[Page H5238]]
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--8
Brown-Waite, Ginny
Cubin
Eshoo
Fossella
Gephardt
Matsui
Smith (WA)
Spratt
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are
advised 2 minutes remain in this vote.
{time} 1613
Messrs. INSLEE, CARSON of Oklahoma and NADLER changed their vote from
``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. GINNY BROWN-WAITE. Mr. Chairman, on rollcall No. 262 I was
inadvertently detained. Had I been present, I would have voted ``aye''.
Amendment No. 4 Offered by Mr. Pitts
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from
Pennsylvania (Mr. Pitts) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 422,
noes 0, not voting 12, as follows:
[Roll No. 263]
AYES--422
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballance
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Castle
Chabot
Chocola
Clay
Clyburn
Coble
Cole
Collins
Conyers
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Emanuel
Emerson
Engel
English
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Istook
Jackson (IL)
Jackson-Lee (TX)
Janklow
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (TX)
Snyder
Solis
Souder
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--12
Boehner
Case
Cubin
Edwards
Eshoo
Fossella
Gephardt
Issa
Matsui
Smith (NJ)
Smith (WA)
Spratt
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Sweeney)(during the vote). Members are
advised that 2 minutes remain in this vote.
{time} 1621
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore. The question is on the committee amendment
in the nature of a substitute, as modified, as amended.
The committee amendment in the nature of a substitute, as modified,
as amended, was agreed to.
The CHAIRMAN pro tempore. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Terry) having assumed the chair, Mr. Sweeney, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2115) to amend title
[[Page H5239]]
49, United States Code, to reauthorize programs for the Federal
Aviation Administration, and for other purposes, pursuant to House
Resolution 265, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MICA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 418,
nays 8, not voting 8, as follows:
[Roll No. 264]
YEAS--418
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballance
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Case
Castle
Chabot
Chocola
Clay
Clyburn
Coble
Cole
Collins
Conyers
Cooper
Costello
Cox
Cramer
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fletcher
Foley
Forbes
Ford
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Janklow
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NAYS--8
Crane
Davis, Tom
Flake
Moran (VA)
Obey
Paul
Sensenbrenner
Wolf
NOT VOTING--8
Cubin
Eshoo
Fossella
Gephardt
Lynch
Matsui
Smith (WA)
Spratt
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Terry) (during the vote). The Chair
would advise Members that there are 2 minutes remaining in this vote.
{time} 1639
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________