[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2115 Enrolled Bill (ENR)]
H.R.2115
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To amend title 49, United States Code, to reauthorize programs for the
Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Vision 100--
Century of Aviation Reauthorization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-AIRPORT AND AIRWAY IMPROVEMENTS

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TITLE II

-FAA ORGANIZATION

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Subtitle A--Aviation Development Streamlining

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TITLE III

-ENVIRONMENTAL PROCESS

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eligibility of essential air service subsidies.

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TITLE IV

-AIRLINE SERVICE IMPROVEMENTS

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TITLE V

-AVIATION SAFETY

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TITLE VII

-AVIATION RESEARCH

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the use of advanced materials in transport aircraft.

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TITLE VIII

-MISCELLANEOUS

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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.

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TITLE IX

-EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE

Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 2003.

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Congress finds the following:
(1) The United States has revolutionized the way people travel,
developing new technologies and aircraft to move people more
efficiently and more safely.
(2) Past Federal investment in aeronautics research and
development has benefited the economy and national security of the
United States and the quality of life of its citizens.
(3) The total impact of civil aviation on the United States
economy exceeds $900,000,000,000 annually and accounts for 9
percent of the gross national product and 11,000,000 jobs in the
national workforce. Civil aviation products and services generate a
significant surplus for United States trade accounts, and amount to
significant numbers of the Nation's highly skilled, technologically
qualified work force.
(4) Aerospace technologies, products, and services underpin the
advanced capabilities of our men and women in uniform and those
charged with homeland security.
(5) Future growth in civil aviation increasingly will be
constrained by concerns related to aviation system safety and
security, aviation system capabilities, aircraft noise, emissions,
and fuel consumption.
(6) Revitalization and coordination of the United States
efforts to maintain its leadership in aviation and aeronautics are
critical and must begin now.
(7) A recent report by the Commission on the Future of the
United States Aerospace Industry outlined the scope of the problems
confronting the aerospace and aviation industries in the United
States and found that--
(A) aerospace will be at the core of the Nation's
leadership and strength throughout the 21st century;
(B) aerospace will play an integral role in the Nation's
economy, security, and mobility; and
(C) global leadership in aerospace is a national
imperative.
(8) Despite the downturn in the global economy, projections of
the Federal Aviation Administration indicate that upwards of
1,000,000,000 people will fly annually by 2013. Efforts must begin
now to prepare for future growth in the number of airline
passengers.
(9) The United States must increase its investment in research
and development to revitalize the aviation and aerospace
industries, to create jobs, and to provide educational assistance
and training to prepare workers in those industries for the future.
Subtitle A--Funding of FAA Programs

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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 the
following:
``(1) $3,400,000,000 for fiscal year 2004;
``(2) $3,500,000,000 for fiscal year 2005;
``(3) $3,600,000,000 for fiscal year 2006; and
``(4) $3,700,000,000 for fiscal year 2007.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2003'' and inserting ``September 30, 2007''.

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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 subsections (b), (d), and (e) and redesignating
subsection (c) as subsection (b);
(3) by inserting after subsection (b) (as so redesignated) the
following:
``(c) Enhanced Safety and Security for Aircraft 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), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be used for
the development and analysis of wake vortex advisory systems.
``(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), such sums as may be necessary for
each of fiscal years 2004 to 2007 may be used to establish a program
for the installation of a precision approach aid designed to improve
aircraft accessibility at mountainous airports with limited land if the
approach aid is able to provide curved and segmented approach guidance
for noise abatement purposes and other such approach aids and is
certified or approved by the Administrator.'';
(4) in subsection (f)--
(A) by striking ``for fiscal years beginning after
September 30, 2000''; and
(B) by inserting ``may be used'' after ``necessary''; and
(5) by adding at the end the following:
``(h) Standby Power Efficiency Program.--Of amounts appropriated
under subsection (a), such sums as may be necessary for each of fiscal
years 2004 through 2007 may be used by the Secretary of Transportation,
in cooperation with the Secretary of Energy and, where applicable, the
Secretary of Defense, to establish a program to improve the efficiency,
cost effectiveness, and environmental performance of standby power
systems at Federal Aviation Administration sites, including the
implementation of fuel cell technology.
``(i) Pilot Program To Provide Incentives for Development of New
Technologies.--Of amounts appropriated under subsection (a), $500,000
for fiscal year 2004 may be used for the conduct of a pilot program to
provide operating incentives to users of the airspace for the
deployment of new technologies, including technologies to facilitate
expedited flight routing and sequencing of takeoffs and landings.''.

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(a) In General.--Section 106(k)(1) is amended to read as follows:
``(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.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended--
(1) by striking subparagraphs (A) and (B) and subparagraphs (F)
through (I);
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (A), (B), and (C), respectively;
(3) in subparagraphs (A), (B), and (C) (as so redesignated) by
striking ``fiscal years 2000 through 2003'' and inserting ``fiscal
years 2004 through 2007''; and
(4) by adding after subparagraph (C) (as so redesignated) the
following:
``(D) Such sums as may be necessary for fiscal years 2004
through 2007 for the Center for Management Development of the
Federal Aviation Administration to operate training courses and
to support associated student travel for both residential and
field courses.
``(E) Such sums as may be necessary for fiscal years 2004
through 2007 to carry out and expand the Air Traffic Control
Collegiate Training Initiative.
``(F) Such sums as may be necessary for fiscal years 2004
through 2007 for the completion of the Alaska aviation safety
project with respect to the 3 dimensional mapping of Alaska's
main aviation corridors.
``(G) Such sums as may be necessary for fiscal years 2004
through 2007 to carry out the Aviation Safety Reporting
System.''.
(c) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation, out of the Airport and
Airway Trust Fund established by section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502), $3,971,000 for fiscal year 2004,
$4,045,000 for fiscal year 2005, $4,127,000 for fiscal year 2006, and
$4,219,000 for fiscal year 2007 to gather aviation data and conduct
analyses of such data in the Bureau of Transportation Statistics of the
Department of Transportation.

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(a) In General.--Chapter 481 is further amended by adding at the
end the following:
``Sec. 48114. Funding for aviation programs
``(a) Authorization of Appropriations.--
``(1) Airport and airway trust fund guarantee.--
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each fiscal
year through fiscal year 2007 pursuant to sections 48101,
48102, 48103, and 106(k) of title 49, United States Code, shall
be equal to the level of receipts plus interest credited to the
Airport and Airway Trust Fund for that fiscal year. Such
amounts may be used only for aviation investment programs
listed in subsection (b).
``(B) Guarantee.--No funds may be appropriated or limited
for aviation investment programs listed in subsection (b)
unless the amount described in subparagraph (A) has been
provided.
``(2) Additional authorizations of appropriations from the
general fund.--In any fiscal year through fiscal year 2007, if the
amount described in paragraph (1) is appropriated, there is further
authorized to be appropriated from the general fund of the Treasury
such sums as may be necessary for the Federal Aviation
Administration Operations account.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Total budget resources.--The term `total budget
resources' means the total amount made available from the Airport
and Airway Trust Fund for the sum of obligation limitations and
budget authority made available for a fiscal year for the following
budget accounts that are subject to the obligation limitation on
contract authority provided in this title and for which
appropriations are provided pursuant to authorizations contained in
this title:
``(A) 69-8106-0-7-402 (Grants in Aid for Airports).
``(B) 69-8107-0-7-402 (Facilities and Equipment).
``(C) 69-8108-0-7-402 (Research and Development).
``(D) 69-8104-0-7-402 (Trust Fund Share of Operations).
``(2) Level of receipts plus interest.--The term `level of
receipts plus interest' means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal year
as set forth in the President's budget baseline projection as
defined in section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177) (Treasury identification
code 20-8103-0-7-402) for that fiscal year submitted pursuant to
section 1105 of title 31, United States Code.
``(c) Enforcement of Guarantees.--
``(1) Total airport and airway trust fund funding.--It shall
not be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that would cause total budget resources in a
fiscal year for aviation investment programs described in
subsection (b) to be less than the amount required by subsection
(a)(1)(A) for such fiscal year.
``(2) Capital priority.--It shall not be in order in the House
of Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that provides
an appropriation (or any amendment thereto) for any fiscal year
through fiscal year 2007 for Research and Development or Operations
if the sum of the obligation limitation for Grants-in-Aid for
Airports and the appropriation for Facilities and Equipment for
such fiscal year is below the sum of the authorized levels for
Grants-in-Aid for Airports and for Facilities and Equipment for
such fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 481 is amended
by adding at the end the following:
``48114. Funding for aviation programs.''.
(c) Repeal.--Section 106 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 48101 note) and the item
relating to such section in the table of contenets in section 1(b) of
such Act are repealed.

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Section 47124 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Government Relief From Liability.--The Secretary of
Transportation shall ensure that an agreement under this subchapter
with a qualified entity (as determined by the Secretary), State, or a
political subdivision of a State to allow the entity, State, or
subdivision to operate an airport facility relieves the United States
Government from any liability arising out of, or related to, acts or
omissions of employees of the entity, State, or subdivision in
operating the airport facility.'';
(2) by striking subsection (b)(2) and inserting the following:
``(2) The Secretary may make a contract with a qualified entity (as
determined by the Secretary) or, on a sole source basis, with a State
or a political subdivision of a State to allow the entity, State, or
subdivision to operate an airport traffic control tower classified as a
level I (Visual Flight Rules) tower if the Secretary decides that the
entity, State, or subdivision has the capability to comply with the
requirements of this paragraph. The contract shall require that the
entity, State, or subdivision comply with applicable safety regulations
in operating the facility and with applicable competition requirements
in making a subcontract to perform work to carry out the contract.'';
(3) in subsection (b)(3)--
(A) in the paragraph heading by striking ``pilot'';
(B) by striking ``pilot'' each place it appears; and
(C) in subparagraph (E) by striking ``$6,000,000 per fiscal
year'' and inserting ``$6,500,000 for fiscal 2004, $7,000,000
for fiscal year 2005, $7,500,000 for fiscal year 2006, and
$8,000,000 for fiscal year 2007''; and
(4) in subsection (b)(4)(C) by striking ``$1,100,000.'' and
inserting ``$1,500,000.''.

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(a) Aircraft Manufacturers.--
(1) In general.--Section 44302 is amended by adding at the end
the following:
``(g) Aircraft Manufacturers.--
``(1) In general.--The Secretary may provide to an aircraft
manufacturer insurance for loss or damage resulting from operation
of an aircraft by an air carrier and involving war or terrorism.
``(2) Amount.--Insurance provided by the Secretary under this
subsection shall be for loss or damage in excess of the greater of
the amount of available primary insurance or $50,000,000.
``(3) Terms and conditions.--Insurance provided by the
Secretary under this subsection shall be subject to the terms and
conditions set forth in this chapter and such other terms and
conditions as the Secretary may prescribe.''.
(2) Definition of aircraft manufacturer.--Section 44301 is
amended--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `aircraft manufacturer' means any company or other
business entity, the majority ownership and control of which is by
United States citizens, that manufactures aircraft or aircraft
engines.''.
(3) Coverage.--Section 44303(a) is amended--
(A) in the subsection heading by striking ``In general''
and inserting ``In General''; and
(B) by adding at the end the following:
``(6) loss or damage of an aircraft manufacturer resulting from
operation of an aircraft by an air carrier and involving war or
terrorism.''.
(b) Aircraft Manufacturer Liability for Third-Party Claims Arising
Out of Acts of Terrorism.--Section 44303(b) is amended by adding at the
end the following: ``The Secretary may extend the provisions of this
subsection to an aircraft manufacturer (as defined in section 44301) of
the aircraft of the air carrier involved.''.
(c) Premiums and Limitations on Coverage and Claims.--Section
44306(b) is amended by striking ``air'' and inserting ``insurance''.
(d) Ending Effective Date.--Section 44310 is amended by striking
``December 31, 2004'' and inserting ``March 30, 2008''.
(e) Technical Correction.--Effective November 19, 2001, 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''.
Subtitle B--Passenger Facility Fees

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(a) In General.--Section 40117(a)(3) is amended by inserting at the
end the following:
``(G) A project for converting vehicles and ground support
equipment used at a commercial service airport to low-emission
technology (as defined in section 47102) or to use cleaner
burning conventional fuels, retrofitting of any such vehicles
or equipment that are powered by a diesel or gasoline engine
with emission control technologies certified or verified by the
Environmental Protection Agency to reduce emissions, or
acquiring for use at a commercial service airport vehicles and
ground support equipment that include low-emission technology
or use cleaner burning fuels if the airport is located in an
air quality nonattainment area (as defined in section 171(2) of
the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area
referred to in section 175A of such Act (42 U.S.C. 7505a) and
if such project will result in an airport receiving appropriate
emission credits as described in section 47139.''.
(b) Maximum Cost for Certain Low-Emission Technology Projects.--
Section 40117(b) is amended by adding at the end the following:
``(5) Maximum cost for certain low-emission 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 a vehicle or ground support
equipment may not exceed the incremental amount of the project cost
that is greater than the cost of acquiring a vehicle or equipment
that is not low-emission and would be used for the same purpose, or
the cost of low-emission retrofitting, as determined by the
Secretary.''.
(c) Ground Support Equipment Defined.--Section 40117(a) is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Ground support equipment.--The term `ground support
equipment' means service and maintenance equipment used at an
airport to support aeronautical operations and related
activities.''.
(d) Guidance.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall issue
guidance determining eligibility of projects, and how benefits to air
quality must be demonstrated, under the amendments made by this
section.

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Sections 40117(b) is further amended by adding at the end the
following:
``(6) Debt service for certain projects.--In addition to the
uses specified in paragraphs (1) and (4), the Secretary may
authorize a passenger facility fee imposed under paragraph (1) or
(4) to be used for making payments for debt service on indebtedness
incurred to carry out at the airport a project that is not an
eligible airport-related project if the Secretary determines that
such use is necessary due to the financial need of the airport.''.

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(a) Application Requirements.--Section 40117(c) is amended--
(1) by adding at the end of paragraph (2) the following:
``(E) The agency must include in its application or notice
submitted under subparagraph (A) copies of all certifications of
agreement or disagreement received under subparagraph (D).
``(F) For the purpose of this section, an eligible agency
providing notice and an opportunity for consultation to an air
carrier or foreign air carrier is deemed to have satisfied the
requirements of this paragraph if the eligible agency limits such
notices and consultations to air carriers and foreign air carriers
that have a significant business interest at the airport. In the
subparagraph, the term `significant business interest' means an air
carrier or foreign air carrier that had no less than 1.0 percent of
passenger boardings at the airport in the prior calendar year, had
at least 25,000 passenger boardings at the airport in the prior
calendar year, or provides scheduled service at the airport.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Before submitting an application, the eligible agency must
provide reasonable notice and an opportunity for public comment. The
Secretary shall prescribe regulations that define reasonable notice and
provide for at least the following under this paragraph:
``(A) A requirement that the eligible agency provide public
notice of intent to collect a passenger facility fee so as to
inform those interested persons and agencies that may be affected.
The public notice may include--
``(i) publication in local newspapers of general
circulation;
``(ii) publication in other local media; and
``(iii) posting the notice on the agency's Internet
website.
``(B) A requirement for submission of public comments no sooner
than 30 days, and no later than 45 days, after the date of the
publication of the notice.
``(C) A requirement that the agency include in its 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. The notice shall include--
``(A) information that the Secretary may require by
regulation on each project for which authority to impose a
passenger facility fee is sought;
``(B) the amount of revenue from passenger facility fees
that is proposed to be collected for each project; and
``(C) the level of the passenger facility fee that is
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) Regulations.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall propose such
regulations as may be necessary to carry out this subsection.
``(7) Sunset.--This subsection shall cease to be effective
beginning on the date that is 3 years after the date of issuance of
regulations to carry out this subsection.
``(8) Acknowledgement not an order.--An acknowledgement issued
under paragraph (4) shall not be considered an order issued by the
Secretary for purposes of section 46110.''.
(c) Clarification of Applicability of PFC's to Military Charters.--
Section 40117(e)(2) is amended--
(1) by striking the period at the end of subparagraph (C) and
inserting a semicolon;
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(4) by adding after subparagraph (E) the following:
``(F) enplaning at an airport if the passenger did not pay for
the air transportation which resulted in such enplanement due to
charter arrangements and payment by the Department of Defense.''.
(d) Technical Amendments.--Section 40117(a)(3)(C) is amended--
(1) by striking ``for costs'' and inserting ``A project for
costs''; and
(2) by striking the semicolon and inserting a period.
(e) Eligibility of Airport Ground Access Transportation Projects.--
Not later than 60 days after the enactment of this Act, the
Administrator of the Federal Aviation Administration shall publish in
the Federal Register the current policy of the Administration,
consistent with current law, 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.

bc91bbc6b7a67dbc533d401864654622a58bab6057cca5fb64c012f89669e482

Section 40117 is further amended by adding at the end the
following:
``(m) Financial Management of Fees.--
``(1) Handling of fees.--A covered air carrier shall segregate
in a separate account passenger facility revenue equal to the
average monthly liability for fees collected under this section by
such carrier or any of its agents for the benefit of the eligible
agencies entitled to such revenue.
``(2) Trust fund status.--If a covered air carrier or its agent
fails to segregate passenger facility revenue in violation of the
subsection, the trust fund status of such revenue shall not be
defeated by an inability of any party to identify and trace the
precise funds in the accounts of the air carrier.
``(3) Prohibition.--A covered air carrier and its agents may
not grant to any third party any security or other interest in
passenger facility revenue.
``(4) Compensation to eligible entities.--A covered air carrier
that fails to comply with any requirement of this 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.
``(5) Interest on amounts.--A covered air carrier that collects
passenger facility fees is entitled to receive the interest on
passenger facility fee accounts if the accounts are established and
maintained in compliance with this subsection.
``(6) Existing regulations.--The provisions of section 158.49
of title 14, Code of Federal Regulations, that permit the
commingling of passenger facility fees with other air carrier
revenue shall not apply to a covered air carrier.
``(7) Covered air carrier defined.--In this section, the term
`covered air carrier' means an air carrier that files for chapter 7
or chapter 11 of title 11 bankruptcy protection, or has an
involuntary chapter 7 of title 11 bankruptcy proceeding commenced
against it, after the date of enactment of this subsection.''.
Subtitle C--AIP Modifications

8cdf21f3b6f6c1393f754eb5669d9c2e16bdb3cbdc2ecd10464fc0ab420c577b

Section 47102(3)(H) is amended by inserting ``nonhub airports and''
before ``airports that are not primary airports''.

6961787db989f0663524222d8aef7b0535db495a5463706f7d4dee0a9f60b30a

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.''.

6b6756d731e4d331fc1591eb56866738fc84ee7b3ad26bac3c4d207fc7305899

AND ACTIVITIES.
Section 308 of the Federal Aviation Reauthorization Act of 1996 (49
U.S.C. 44901 note; 110 Stat. 3253), and the item relating to such
section in the table of contents contained in section 1(b) of that Act,
are repealed.

905ef8f0f0b845588c6cbbacfc2f041a8f3eb327c3e813102de9573ffc3aa6b2

(a) Statute of Limitations..--Section 47107(l)(5)(A) is amended by
inserting ``or any other governmental entity'' after ``sponsor''.
(b) Audit Certification.--Section 47107(m) is amended--
(1) in paragraph (1) by striking ``promulgate regulations
that'' and inserting ``include a provision in the compliance
supplement provisions to'';
(2) in paragraph (1) by striking ``and opinion of the review'';
and
(3) by striking paragraph (3).

0e5726239348fc4f2aee0644a0eb44cd6c6b3e650c93629524b43925a940ed58

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''.

9b105f46e51b748740b0907c69520a785a8850058833cdba9bb989891f7a50ab

(a) In General.--Section 47114(c)(1) is amended by adding at the
end the following:
``(F) Special rule for fiscal years 2004 and 2005.--
Notwithstanding subparagraph (A) and the absence of scheduled
passenger aircraft service at an airport, the 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 or 2003;
``(ii) the airport had at least 10,000 passenger
boardings and scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
``(iii) the reason that passenger boardings described
in clause (i) were below 10,000 was the decrease in
passengers following the terrorist attacks of September 11,
2001.''.
(b) Special Rule for Transitioning Airports.--Section 47114(f)(3)
is amended--
(1) in the paragraph heading by striking ``airorts'' and
inserting ``airports''; and
(2) in subparagraph (B) by striking ``fiscal years 2000 through
2003'' and inserting ``fiscal year 2004''.

9d67833fd0f0cb41eea16071ea22bcd5a7df77262e896f2177d4251ed76214b4

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''.

c09673dc05cfa6a0739788c763b073773371d14091da04cf6c7688ba3c5239d0

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);
``(E) the projected growth in the number of passengers or
aircraft that will be using the airport at which the project
will be carried out; and
``(F) the ability of the project to foster United States
competitiveness in securing global air cargo activity at a
United States airport.
``(2) For all projects.--In selecting a project for a grant
under this section, the Secretary shall consider among other
factors whether--
``(A) funding has been provided for all other projects
qualifying for funding during the fiscal year under this
chapter that have attained a higher score under the 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.''.

e4f33f587f5a7159ee1315591b3a252695c3dbe8cb82a6b63a0a0b6bf19b4581

(a) Project Grant Agreements.--Section 47108(a) is amended by
inserting ``or 47114(d)(3)(A)'' after ``under section 47114(c)''.
(b) Allowable Project Costs.--Section 47110 is amended--
(1) in subsection (b)(2)(C) by striking ``of this title'' and
inserting ``or section 47114(d)(3)(A)'';
(2) in subsection (g)--
(A) by inserting ``or section 47114(d)(3)(A)'' after ``of
section 47114(c)''; and
(B) by striking ``of project'' and inserting ``of the
project''; and
(3) by adding at the end the following:
``(h) Nonprimary Airports.--The Secretary may decide that the costs
of revenue producing aeronautical support facilities, including fuel
farms and hangars, are allowable for an airport development project at
a nonprimary airport if the Government's share of such costs is paid
only with funds apportioned to the airport sponsor under section
47114(d)(3)(A) and if the Secretary determines that the sponsor has
made adequate provision for financing airside needs of the airport.''.
(c) Waiver.--Section 47117(c)(2) is amended to read as follows:
``(2) Waiver.--A sponsor of an airport may make an agreement
with the Secretary of Transportation waiving the sponsor's claim to
any part of the amount apportioned for the airport under sections
47114(c) and 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.''.
(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).''.

bce99d31c74078ad7ed7f7df6c77598ed9c490d7c1e99d37ee1035631efdb092

The first sentence of section 47117(b) is amended by striking
``primary airport'' and all that follows through ``calendar year'' and
inserting ``nonhub airport or any airport that is not a commercial
service airport''.

5ffa5cabefc1029a2a172936853631bcde8b7bb6917bfa413bc3d5fae616dfde

COMPATIBILITY PLANNING PROGRAMS.
Section 47117(e)(1)(A) is amended--
(1) by striking ``At least 34 percent'' and inserting ``At
least 35 percent'';
(2) by striking ``of this title and'' and inserting a comma;
(3) by striking ``of this title.'' and inserting ``, for noise
mitigation projects approved in an environmental record of decision
for an airport development project under this title, for compatible
land use planning and projects carried out by State and local
governments under section 47141, and for airport development
described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to
comply with the Clean Air Act (42 U.S.C. 7401 et seq.).''; and
(4) by striking ``34 percent requirement'' and inserting ``35
percent requirement''.

2c9b6d735b82dd8d19298e28fa8e188126dcf06de59599f32027e14c70deadcd

(a) In General.--Subchapter I of chapter 471 is amended by adding
at the end the following:
``Sec. 47138. Pilot program for purchase of airport development rights
``(a) In General.--The Secretary of Transportation shall establish
a pilot program to support the purchase, by a State or political
subdivision of a State, of development rights associated with, or
directly affecting the use of, privately owned public use airports
located in that State. Under the program, the Secretary may make a
grant to a State or political subdivision of a State from funds
apportioned under section 47114 for the purchase of such rights.
``(b) Grant Requirements.--
``(1) In general.--The Secretary may not make a grant under
subsection (a) unless the grant is made--
``(A) to enable the State or political subdivision to
purchase development rights in order to ensure that the airport
property will continue to be available for use as a public
airport; and
``(B) subject to a requirement that the State or political
subdivision acquire an easement or other appropriate covenant
requiring that the airport shall remain a public use airport in
perpetuity.
``(2) Matching requirement.--The amount of a grant under the
program may not exceed 90 percent of the costs of acquiring the
development rights.
``(c) Grant Standards.--The Secretary shall prescribe standards for
grants under subsection (a), including--
``(1) grant application and approval procedures; and
``(2) requirements for the content of the instrument recording
the purchase of the development rights.
``(d) Release of Purchased Rights and Covenant.--Any development
rights purchased under the program shall remain the property of the
State or political subdivision unless the Secretary approves the
transfer or disposal of the development rights after making a
determination that the transfer or disposal of that right is in the
public interest.
``(e) Limitation.--The Secretary may not make a grant under the
pilot program for the purchase of development rights at more than 10
airports.''.
(b) Conforming Amendment.--The analysis for chapter 471 is amended
by inserting after the item relating to section 47137 the following:
``47138. Pilot program for purchase of airport development rights.''.

5bbdf2d1eec36d7bbf36f138707613108c306034b0e43f1d80abdb1ffdb123a3

Section 47118 is amended--
(1) in subsection (e) by striking ``Not more than $7,000,000
for each airport from amounts the Secretary distributes under
section 47115 of this title for a fiscal year is available'' and
inserting ``From amounts the Secretary distributes to an airport
under section 47115, $10,000,000 for each of fiscal years 2004 and
2005, and $7,000,000 for each fiscal year thereafter, is
available'';
(2) in subsection (f) by striking ``Not more than a total of
$7,000,000 for each airport from amounts the Secretary distributes
under section 47115 of this title for fiscal years beginning after
September 30, 1992, is available'' and inserting the following:
``(1) Construction.--From amounts the Secretary distributes to
an airport under section 47115, $10,000,000 for each of fiscal
years 2004 and 2005, and $7,000,000 for each fiscal year
thereafter, is available''; and
(3) by adding at the end of subsection (f) the following:
``(2) Reimbursement.--Upon approval of the Secretary, the
sponsor of a current or former military airport the Secretary
designates under this section may use an amount apportioned under
section 47114, or made available under section 47115 or
47117(e)(1)(B), to the airport for reimbursement of costs incurred
by the airport in fiscal years 2003 and 2004 for construction,
improvement, or repair described in paragraph (1).''.

75eae8460df8fef98b5186c79d77bd1e73649a26641c7baac931176db0a92dfd

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.''.

fe9fe07397a32637c75a34a811dda1c73252f4e297b36280cbf1985278055db7

(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
landed weight of all aircraft landing at the airport during
such year; or
``(ii) in the case of a nonprimary airport, by the
Secretary after the airport has consulted with at least 65
percent of the owners of aircraft based at that airport, as
determined by the Secretary.'';
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
``(B) Objection to exemption.--An air carrier shall be
deemed to have approved a sponsor's application for an
exemption under subparagraph (A) unless the air carrier has
submitted an objection, in writing, to the sponsor within 60
days of the filing of the sponsor's application with the
Secretary, or within 60 days of the service of the application
upon that air carrier, whichever is later.''.
(b) Effective Date.--The amendments made by subsection (a) shall
not affect any application submitted before the date of enactment of
this Act.

e1ad0760be78b58343d808e513d350c3aea07cfaee46d1312de1bbb2c5cec624

The first sentence of section 47135(a) is amended by inserting
after ``approve'' the following: ``, after the date of enactment of the
Vision 100--Century of Aviation Reauthorization Act,''.

3e29fc3cd28fb5959d7a832235a17643d9290da499e7c9e583662b6cb4f4c5fc

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.''.

b0451290490b012a6d7a305b39f95eecfe81a90a1b0e826efb8cc80bc496863c

(a) Emissions Credit.--Subchapter I of chapter 471 is further
amended by adding at the end the following:
``Sec. 47139. Emission credits for air quality projects
``(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall issue guidance on how to ensure that airport
sponsors receive appropriate emission reduction credits for carrying
out projects described in sections 40117(a)(3)(G), 47102(3)(F),
47102(3)(K), and 47102(3)(L). Such guidance shall include, at a
minimum, the following conditions:
``(1) The provision of credits is consistent with the Clean Air
Act (42 U.S.C. 7402 et seq.).
``(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.--As a condition for making a
grant for a project described in section 47102(3)(F), 47102(3)(K),
47102(3)(L), or 47140 or as a condition for granting approval to
collect or use a passenger facility fee for a project described in
section 40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L), or
47140, the Secretary must receive assurance from the State in which the
project is located, or from the Administrator of the Environmental
Protection Agency where there is a Federal implementation plan, that
the airport sponsor will receive appropriate emission credits in
accordance with the conditions of this section.
``(c) Previously Approved Projects.--The Administrator of the
Environmental Protection Agency, in consultation with the Secretary,
shall determine how to provide appropriate emissions credits to airport
projects previously approved under section 47136 consistent with the
guidance and conditions specified in subsection (a).
``(d) State Authority Under CAA.--Nothing in this section shall be
construed as overriding existing State law or regulation pursuant to
section 116 of the Clean Air Act (42 U.S.C. 7416).''.
(b) Conforming Amendment.--The analysis for chapter 471 is further
amended by inserting after the item relating to section 47138 the
following:
``47139. Emission credits for air quality projects.''.

cd4cda564726b3f79ef95df01cdab84722ffc839de3827115da1c9ee07cd045e

(a) Airport Ground Support Equipment Emissions Retrofit Pilot
Program.--
(1) In general.--Subchapter I of chapter 471 is further amended
by adding at the end the following:
``Sec. 47140. 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.''.
(2) Conforming amendment.--The analysis for chapter 471 is
further amended by inserting after the item relating to section
47139 the following:
``47140. Airport ground support equipment emissions retrofit pilot
program.''.
(b) Activities Added to Definition of Airport Development.--
(1) In general.--Section 47102(3) is amended--
(A) by striking subparagraphs (J), (K), and (L) and
redesignating subparagraph (M) as subparagraph (J); and
(B) by adding at the end the following:
``(K) work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate
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
47139.
``(L) a project for the acquisition or conversion of
vehicles and ground support equipment, owned by a commercial
service airport, to low-emission technology, if the airport is
located in an air quality nonattainment or maintenance area (as
defined in sections 171(2) and 175A of the Clean Air Act (42
U.S.C. 7501(2); 7505a) and if such project will result in an
airport receiving appropriate emission credits as described in
section 47139.''.
(2) Guidance.--
(A) Eligible low-emission modifications and improvements.--
The Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, shall
issue guidance describing eligible low-emission modifications
and improvements, and stating how airport sponsors will
demonstrate benefits, under section 47102(3)(K) of title 49,
United States Code, as added by this subsection.
(B) Eligible low-emission vehicle technology.--The
Secretary, in consultation with the Administrator, shall issue
guidance describing eligible low-emission vehicle technology,
and stating how airport sponsors will demonstrate benefits,
under section 47102(3)(L) of title 49, United States Code, as
added by this subsection.
(c) Allowable Project Cost.--Section 47110(b) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) if the cost is for a project not described in section
47102(3) for acquiring for use at a commercial service airport
vehicles and ground support equipment owned by an airport that
include low-emission technology, but only to the extent of the
incremental cost of equipping such vehicles or equipment with low-
emission technology, as determined by the Secretary.''.
(d) Low-Emission Technology Equipment.--Section 47102 (as amended
by section 801 of this Act) is further amended by inserting after
paragraph (10) the following:
``(11) `low-emission technology' means technology for vehicles
and equipment whose emission performance is the best achievable
under emission standards established by the Environmental
Protection Agency and that relies exclusively on alternative fuels
that are substantially nonpetroleum based, as defined by the
Department of Energy, but not excluding hybrid systems or natural
gas powered vehicles.''.

1855326e5399e144d2d02376499daa7d61a13f650104be98a3774599a5b1831d

GOVERNMENTS.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47141. Compatible land use planning and projects by State and
local governments
``(a) In General.--The Secretary of Transportation may make grants,
from amounts set aside under section 47117(e)(1)(A), to States and
units of local government for development and implementation of land
use compatibility plans and implementation of land use compatibility
projects resulting from those plans for the purposes of making the use
of land areas around large hub airports and medium hub airports
compatible with aircraft operations. The Secretary may make a grant
under this section for a land use compatibility plan or a project
resulting from such plan only if--
``(1) the airport operator has not submitted a noise
compatibility program to the Secretary under section 47504 or has
not updated such program within the preceding 10 years; and
``(2) the land use plan or project meets the requirements of
this section.
``(b) Eligibility.--In order to receive a grant under this section,
a State or unit of local government must--
``(1) have the authority to plan and adopt land use control
measures, including zoning, in the planning area in and around a
large or medium hub airport;
``(2) enter into an agreement with the airport owner or
operator that the development of the land use compatibility plan
will be done cooperatively; and
``(3) provide written assurance to the Secretary that it will
achieve, to the maximum extent possible, compatible land uses
consistent with Federal land use compatibility criteria under
section 47502(3) and that those compatible land uses will be
maintained.
``(c) Assurances.--The Secretary shall require a State or unit of
local government to which a grant may be made under this section for a
land use plan or a project resulting from such plan to provide--
``(1) assurances satisfactory to the Secretary that the plan--
``(A) is reasonably consistent with the goal of reducing
existing noncompatible land uses and preventing the
introduction of additional noncompatible land uses;
``(B) addresses ways to achieve and maintain compatible
land uses, including zoning, building codes, and any other land
use compatibility measures under section 47504(a)(2) that are
within the authority of the State or unit of local government
to implement;
``(C) uses noise contours provided by the airport 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 been approved jointly by the airport owner or
operator and the State or unit of local government; and
``(2) such other assurances as the Secretary determines to be
necessary to carry out this section.
``(d) Guidelines.--The Secretary shall establish guidelines to
administer this section in accordance with the purposes and conditions
described in this section. The Secretary may require a State or unit of
local government to which a grant may be made under this section to
provide progress reports and other information as the Secretary
determines to be necessary to carry out this section.
``(e) Eligible Projects.--The Secretary may approve a grant under
this section to a State or unit of local government for a project
resulting from a land use compatibility plan only if the Secretary is
satisfied that the project is consistent with the guidelines
established by the Secretary under this section, the State or unit of
local government has provided the assurances required by this section,
the State or unit of local government has 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 applicable Federal Aviation Administration 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:
``47141. Compatible land use planning and projects by State and local
governments.''.

8e2c096bba26bba1a0f69496b42e920da68f911a337518421e94c0e9173fc98b

COSTS.
Notwithstanding section 47109(a) of title 49, United States Code,
the Government's share of allowable project costs for a grant made in
each of fiscal years 2004 through 2007 under chapter 471 of that title
for a project described in paragraph (2) or (3) of that section shall
be 95 percent.

e1d57e08f4486029b32355ae595854be1b40dee8ce466f80d8e646ceb42892cd

(a) In General.--Section 47109 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Grandfather Rule.--
``(1) In general.--In the case of any project approved after
September 30, 2003, at a small hub airport or nonhub airport that
is located in a State containing unappropriated and unreserved
public lands and nontaxable Indian lands (individual and tribal) of
more than 5 percent of the total area of all lands in the State,
the Government's share of allowable costs of the project shall be
increased by the same ratio as the basic share of allowable costs
of a project divided into the increased (Public Lands States) share
of allowable costs of a project as shown on documents of the
Federal Aviation Administration dated August 3, 1979, at airports
for which the general share was 80 percent on August 3, 1979. This
subsection shall apply only if--
``(A) the State contained unappropriated and unreserved
public lands and nontaxable Indian lands of more than 5 percent
of the total area of all lands in the State on August 3, 1979;
and
``(B) the application under subsection (b), does not
increase the Government's share of allowable costs of the
project.
``(2) Limitation.--The Government's share of allowable project
costs determined under this subsection shall not exceed the lesser
of 93.75 percent or the highest percentage Government share
applicable to any project in any State under subsection (b).''.
(b) Conforming Amendment.--Subsection (a) of section 47109 is
amended by striking ``Except as provided in subsection (b)'' and
inserting ``Except as provided in subsection (b) or subsection (c)''.

07985e6eeeba65f586ab55ea9ad7039b60d3f64b83852fbb681823276e9ff118

Section 47109(a)(4) is amended by striking ``40 percent'' and
inserting ``70 percent''.

9a64c539ff706050a351d95c408ab43bdefb6202dc61c23358b538a36aafd9dc

PURPOSES.
Section 47107(c)(2)(A)(iii) is amended by inserting before the
semicolon at the end the following: ``, including the purchase of
nonresidential buildings or property in the vicinity of residential
buildings or property previously purchased by the airport as part of a
noise compatibility program''.

9ccbb26d2616e3d14ff411160d20034bfc2cf27aa86f742af8f62082863dede8

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 that is subject to such terms and conditions on the
hangar as the airport owner or operator may impose.''.

7fe46ec6a66998306da78dbc748f85b9afc91f679976d931331a4097407e4b94

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 1 year 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).''.
Subtitle D--Miscellaneous

be55c3f62459c68b950a34d5c1e49bbcb2f206ef7f1d5bad33adda83221e10b2

(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47142. Design-build contracting
``(a) In General.--The Administrator of the Federal Aviation
Administration may approve an application of an airport sponsor under
this section to authorize the airport sponsor to award a design-build
contract using a selection process permitted under applicable State or
local law if--
``(1) the Administrator approves the application using criteria
established by the Administrator;
``(2) the design-build contract is in a form that is approved
by the Administrator;
``(3) the Administrator is satisfied that the contract will be
executed pursuant to competitive procedures and contains a
schematic design adequate for the Administrator to approve the
grant;
``(4) use of a design-build contract will be cost effective and
expedite the project;
``(5) the Administrator is satisfied that there will be no
conflict of interest; and
``(6) the Administrator is satisfied that the selection process
will be as open, fair, and objective as the competitive bid system
and that at least 3 or more bids will be submitted for each project
under the selection process.
``(b) Reimbursement of Costs.--The Administrator may reimburse an
airport sponsor for design and construction costs incurred before a
grant is made pursuant to this section if the project is approved by
the Administrator in advance and is carried out in accordance with all
administrative and statutory requirements that would have been
applicable under this chapter if the project were carried out after a
grant agreement had been executed.
``(c) Design-Build Contract Defined.--In this section, the term
`design-build contract' means an agreement that provides for both
design and construction of a project by a contractor.''.
(b) Conforming Amendment.--The analysis for chapter 471 is further
amended by inserting after the item relating to section 47141 the
following:
``47142. Design-build contracting.''.

d5945fbeec0caf367921b75c8e482f7a3c2f1242ecfae40d42cafd6bbc13f360

EQUIPMENT.
(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, subject to section 1341 of title
31, United States Code, a contract for more than one, but not more than
20, fiscal years to purchase and install air traffic control equipment
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, such sums as may be necessary shall be available to
carry out this section.

c673d9a3dc4e42db7f26a738eead3c2536497daaddc5f12cd3dfe91942cfcc77

(a) In General.--Chapter 445 is amended by adding at the end the
following:
``Sec. 44517. Program to permit cost sharing of air traffic
modernization projects
``(a) In General.--Subject to the requirements of this section, the
Secretary may carry out a program under which the Secretary may make
grants to project sponsors for not more than 10 eligible projects per
fiscal year for the purpose of improving aviation safety and enhancing
mobility of the Nation's air transportation system by encouraging non-
Federal investment in critical air traffic control equipment and
software.
``(b) Federal Share.--The Federal share of the cost of an eligible
project carried out under the program shall not exceed 33 percent. The
non-Federal share of the cost of an eligible project shall be provided
from non-Federal sources, including revenues collected pursuant to
section 40117.
``(c) Limitation on Grant Amounts.--No eligible project may receive
more than $5,000,000 in Federal funds under the program.
``(d) Funding.--The Secretary shall use amounts appropriated under
section 48101(a) to carry out the program.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Eligible project.--The term `eligible project' means a
project to purchase equipment or software relating to the Nation's
air traffic control system that is certified or approved by the
Administrator of the Federal Aviation Administration and that
promotes safety, efficiency, or mobility. Such projects may
include--
``(A) airport-specific air traffic facilities and
equipment, including local area augmentation systems,
instrument landing systems, weather and wind shear detection
equipment, and lighting improvements;
``(B) automation tools to effect improvements in airport
capacity, including passive final approach spacing tools and
traffic management advisory equipment; and
``(C) equipment and software that enhance airspace control
procedures or assist in en route surveillance, including
oceanic and offshore flight tracking.
``(2) Project sponsor.--The term `project sponsor' means any
major user of the national airspace system, as determined by the
Secretary, including a public-use airport or a joint venture
between a public-use airport and one or more air carriers.
``(f) Transfers of Equipment.--Notwithstanding any other provision
of law, and upon agreement by the Administrator, a project sponsor may
transfer, without consideration, to the Federal Aviation
Administration, facilities, equipment, or automation tools, the
purchase of which was assisted by a grant made under this section, if
such facilities, equipment or tools meet Federal Aviation
Administration operation and maintenance criteria.
``(g) Guidelines.--The Administrator shall issue advisory
guidelines on the implementation of the program. The guidelines shall
not be subject to administrative rulemaking requirements under
subchapter II of chapter 5 of title 5.''.
(b) Conforming Amendment.--The analysis for chapter 445 is amended
by adding at the end the following:
``44517. Program to permit cost sharing of air traffic modernization
projects.''.

a5ed0511f82360b12c5d28ca8dc3c5a4a0dbc372e073e336bfd6da4a1edce68f

(a) Biannual Reports.--Beginning 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure every 6 months that
describes--
(1) the 10 largest programs funded under section 48101(a) of
title 49, United States Code;
(2) any changes in the budget for such programs;
(3) the program schedule; and
(4) technical risks associated with the programs.
(b) Sunset Provision.--This section shall cease to be effective
beginning on the date that is 4 years after the date of enactment of
this Act.

256df0dea4af3ed0f1f4467a13bd72e264d907b2fd22d718d445f8caf261fe6d

PROVIDING SUFFICIENT NOTICE.
(a) In General.--Chapter 463 is amended by adding at the end the
following:
``Sec. 46319. Permanent closure of an airport without providing
sufficient notice
``(a) Prohibition.--A public agency (as defined in section 47102)
may not permanently close an airport listed in the national plan of
integrated airport systems under section 47103 without providing
written notice to the Administrator of the Federal Aviation
Administration at least 30 days before the date of the closure.
``(b) Publication of Notice.--The Administrator shall publish each
notice received under subsection (a) in the Federal Register.
``(c) Civil Penalty.--A public agency violating subsection (a)
shall be liable for a civil penalty of $10,000 for each day that the
airport remains closed without having given the notice required by this
section.''.
(b) Conforming Amendment.--The analysis for chapter 463 is amended
by adding at the end the following:
``46319. Permanent closure of an airport without providing sufficient
notice.''.

8f472c2da713bb967bbb619c691567b07e5d8bf6a8fc2d4fd570f22e0894bc07

(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
Secretaries of Transportation, Defense, Interior, and Homeland Security
shall enter into a memorandum of understanding 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 Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a reimbursable
agreement with the Secretary of the Interior for the purpose of funding
airport development, as defined in section 47102(3) of title 49, United
States Code, at Midway Island Airport for fiscal years ending before
October 1, 2007, from amounts available in the discretionary fund
established by section 47115 of such title. The maximum obligation
under the agreement for any such fiscal year shall be $2,500,000.

c617358c793eb3cd912637cbc9c54a49247b6a0eef814e0b551f909b54802d9a

Section 47106(c)(1)(A) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by adding ``and'' at the end of clause (ii); and
(3) by adding at the end the following:
``(iii) with respect to an airport development project
involving the location of an airport, runway, or major 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;''.

e730a4977f4618ccfed187427a1fd7d86f2fc008ebe428318fe1a3c32f657f0b

Section 47115 is amended by adding at the end the following:
``(j) Marshall Islands, Micronesia, and Palau.--For fiscal years
2004 through 2007, the sponsors of airports located in the Republic of
the Marshall Islands, Federated States of Micronesia, and Republic of
Palau shall be eligible for grants under this section and section
47116.''.

b2820dc1e4c01a6a7fa321e46670dbb6890dacd147f9c10b5e097898ca05526b

Section 47504(b) is amended by adding at the end the following:
``(4) The Secretary shall not approve in fiscal years 2004 through
2007 a program submitted under subsection (a) if the program requires
the expenditure of funds made available under section 48103 for
mitigation of aircraft noise less than 65 DNL.''.

92c8fe829b1eba3e02b0af0263f03279e4c929147f3808bf27ed33f727e18ed5

(a) Offer of Conveyance.--Subject to the requirements of this
section, the Chaluka Corporation is hereby offered ownership of the
surface estate in the former Nikolski Radio Relay Site on Umnak Island,
Alaska, and the Aleut Corporation is hereby offered the subsurface
estate of that Site, in exchange for relinquishment by the Chaluka
Corporation and the Aleut Corporation of Lot 1, Section 14, Township 81
South, Range 133 West, Seward Meridian, Alaska.
(b) Acceptance and Relinquishment.--
(1) In general.--The Secretary of the Interior shall convey the
land as provided in subsection (c) if the Chaluka Corporation and
the Aleut Corporation take the actions specified in paragraphs (2)
and (3), respectively.
(2) Chaluka corporation.--As a condition for conveyance under
subsection (c), the Chaluka Corporation shall notify the Secretary
of the Interior within 180 days after the date of enactment of this
Act that, by means of a legally binding resolution of the Board of
Directors, the Chaluka Corporation--
(A) accepts the offer under subsection (a);
(B) confirms that the area surveyed by the Bureau of Land
Management for the purpose of fulfilling the Chaluka
Corporation's final entitlements under sections 12(a) and 12(b)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)
and (b)), identified as Group Survey Number 773, accurately
represents the Chaluka Corporation's final, irrevocable Alaska
Native Claims Settlement Act priorities and entitlements unless
any tract in Group Survey Number 773 is ultimately not conveyed
as the result of an appeal; and
(C) relinquishes Lot 1, Section 14, Township 81 South,
Range 133 West, Seward Meridian, Alaska, which will be charged
against the Chaluka Corporation's final entitlement under
section 12(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1611(b)).
(3) Aleut corporation.--As a condition for the conveyance under
subsection (c), the Aleut Corporation shall notify the Secretary of
the Interior within 180 days after the date of enactment of this
Act that, by means of a legally binding resolution of the Board of
Directors, accompanied by the written legal opinion of counsel as
to the legal sufficiency of the Board of Directors' action, the
Aleut Corporation--
(A) accepts the offer under subsection (a); and
(B) relinquishes all rights to Lot 1, Section 14, Township
81 South, Range 133 West, Seward Meridian, Alaska.
(c) Requirement To Convey.--
(1) Conveyance.--Notwithstanding the existence of Public Land
Order 2374, upon receipt from the Chaluka Corporation and from the
Aleut Corporation of their acceptances made in accordance with the
requirements of subsections (b)(2) and (b)(3), respectively, of the
offer under subsection (a), the Secretary of the Interior shall
convey to the Chaluka Corporation the surface estate, and to the
Aleut Corporation the subsurface estate, of--
(A) Phase I lands as soon as practicable; and
(B) each parcel of Phase II lands upon completion of
environmental restoration of Phase II lands in accordance with
applicable law.
(2) Phase i liability limit.--Notwithstanding section 107 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607), neither the Chaluka
Corporation nor the Aleut Corporation shall be subject to any
liability for--
(A) the presence or release of a hazardous substance, as
that term is defined by section 101(14) of that Act (16 U.S.C.
9601(14)), on Phase I lands or the presence of solid waste on
Phase I lands, which predates conveyance of those lands to the
Chaluka Corporation and the Aleut Corporation pursuant to this
section; or
(B) any release, from any of the hazardous substances or
solid wastes referred to in subparagraph (A), following
conveyance of Phase I lands under this section, so long as the
presence of or releases from those hazardous substances or
solid wastes are not the result of actions by the Chaluka
Corporation or the Aleut Corporation.
(3) Continued access over hill and beach streets.--The surface
estate conveyed under paragraph (1) shall be subject to the
public's right of access over Hill and Beach Streets, located on
Tract B of United States Survey 4904.
(d) Treatment as ancsa lands.--Conveyances made under subsection
(c) shall be considered to be conveyances under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), and are subject to the
provisions of that Act except sections 14(c)(3), 14(c)(4), and 17(b)(3)
(43 U.S.C. 1613(c)(3), 1613(c)(4), and 1616(b)(3)).
(e) Authority To Convey Certain Other Lands.--The Secretary of the
Interior shall at no cost to the recipient convey ownership of--
(1) an estate in fee simple in--
(A) each of Lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904 that is the subject of an Aleutian
Housing Authority mutual help occupancy agreement, to the
Aleutian Housing Authority; and
(B) the remainder of such Lots to the current occupants;
and
(2) an estate in fee simple in the Nikolski powerhouse land,
to--
(A) the Indian Reorganization Act Tribal Government for the
Native Village of Nikolski, upon completion of the
environmental restoration described in subsection (f), if after
the restoration the powerhouse continues to be located on the
Nikolski powerhouse land; or
(B) the surface estate to the Chaluka Corporation and the
subsurface estate to the Aleut Corporation, if after the
restoration, the Nikolski powerhouse is no longer located on
the Nikolski powerhouse land. -
(f) Restoration of Powerhouse Land.--The Denali Commission, in
consultation with the appropriate agency of the State of Alaska, is
authorized to arrange for environmental restoration, in accordance with
applicable law, of the areas on, beneath, and adjacent to the Nikolski
powerhouse land that are contaminated as a result of powerhouse
operations and activities.
(g) Access.--As a condition of the conveyance of land under
subsection (c), the Chaluka Corporation shall permit the United States
Government, and its agents, employees, and contractors, to have
unrestricted access to the airfield at Nikolski in perpetuity for site
investigation, restoration, remediation, and environmental monitoring
of the former Nikolski Radio Relay Site and reasonable access to that
airfield, and to other land conveyed under this section, for any
activity associated with management of lands owned by the United States
and for other governmental purposes without cost to the Government.
(h) Survey Requirements.--
(1) BLM surveys.--The Bureau of Land Management is not required
to conduct additional on-the-ground surveys as a result of
conveyances under this section. The patent to the Chaluka
Corporation may be based on protracted section lines and lotting
where relinquishment under subsection (b)(2)(C) results in a change
to the Chaluka Corporation's final boundaries.
(2) Monumentation.--No additional monumentation is required to
complete those final boundaries.
(i) Authorization of Appropriations.--
(1) Federal agencies.--There is authorized to be appropriated
to the Department of the Interior and other appropriate agencies
such sums as are necessary to carry out the provisions of this
section.
(2) Powerhouse land restoration.--There is authorized to be
appropriated $1,500,000 to reimburse the appropriate State of
Alaska agency for costs required for environmental restoration of
the Nikolski powerhouse land, in accordance with applicable law.
(j) Termination.--This section shall cease to be effective if
either the Chaluka Corporation or the Aleut Corporation affirmatively
rejects the offer under subsection (a) or if after 180 days following
the date of enactment of this Act either corporation has not taken the
actions specified in subsection (b)(2) or (b)(3), respectively.
(k) Definitions.--In this section, the following definitions apply:
(1) The term ``Aleut Corporation'' means the regional
corporation established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) for the region in which the Native
Village of Nikolski, Alaska, is located.
(2) The term ``Chaluka Corporation'' means the village
corporation established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) for the Native Village of Nikolski,
Alaska.
(3) The term ``former Nikolski Radio Relay Site'' means the
portions of Tracts A, B, and C of Public Land Order 2374 that are
surveyed as Tracts 37, 37A, 38, 39, and 39A of Township 83 South,
Range 136 West, Seward Meridian, Alaska, and Tract B of United
States Survey 4904, Alaska, except--
(A) Lots 1, 2, 5, 6, and 9 of Tract B of Amended United
States Survey 4904; and
(B) the Nikolski powerhouse land.
(4) The term ``Nikolski powerhouse land'' means the parcel of
land upon which is located the power generation building for
supplying power to the Native Village of Nikolski, the boundaries
of which are described generally as follows: Beginning at the point
at which the southerly boundary of Tract 39 of Township 83 South,
Range 136 West, Seward Meridian, Alaska, intersects the easterly
boundary of the road that connects the Native Village of Nikolski
and the airfield at Nikolski; then meandering in a northeasterly
direction along the easterly boundary of that road until the road
intersects the westerly boundary of the road that connects Umnak
Lake and the airfield; then meandering in a southerly direction
along the western boundary of that Umnak Lake road until that
western boundary intersects the southern boundary of such Tract 39;
then proceeding eastward along the southern boundary of such Tract
39 to the beginning point.
(5) The term ``Phase I lands'' means Tract 39 of Township 83
South, Range 136 West, Seward Meridian, excluding the Nikolski
powerhouse land.
(6) The term ``Phase II lands'' means the portion of the former
Nikolski Radio Relay Site not conveyed as Phase I lands.
Subtitle A--FAA Reform

0d1a393b971ba8c875df71cf459fa4f881f8b35760d0cda67f79be5439be63a5

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.''.

31150993fa4a39c865703e5c769d7649a4d38f6954fd4abdc5f737def6d982fb

Section 106(p) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Qualifications.--No officer or employee of the United
States Government may be appointed to the Council under paragraph
(2)(C) or to the Air Traffic Services Committee.'';
(2) in paragraph (4)(C) by inserting ``or Air Traffic Services
Committee'' after ``Council'' each place it appears;
(3) in paragraph (5) by inserting ``, the Air Traffic Services
Committee,'' after ``Council'';
(4) in paragraph (6)(C)--
(A) by striking ``subcommittee'' in the subparagraph
heading and inserting ``committee'';
(B) by striking ``member'' and inserting ``members'';
(C) by striking ``under paragraph (2)(E)'' the first place
it appears and inserting ``to the Air Traffic Services
Committee''; and
(D) by striking ``of the members first'' and all that
follows through the period at the end and inserting ``the first
members of the Committee shall be the members of the Air
Traffic Services Subcommittee of the Council on the day before
the date of enactment of the Vision 100--Century of Aviation
Reauthorization Act who shall serve in an advisory capacity
until such time as the President appoints the members of the
Committee under paragraph (7).'';
(5) in paragraph (6)(D) by striking ``under paragraph (2)(E)''
and inserting ``to the Committee'';
(6) in paragraph (6)(E) by inserting ``or Committee'' after
``Council'';
(7) in paragraph (6)(F) by inserting ``of the Council or
Committee'' after ``member'';
(8) in the second sentence of subparagraph (6)(G)--
(A) by striking ``Council'' and inserting ``Committee'';
and
(B) by striking ``appointed under paragraph (2)(E)'';
(9) in paragraph (6)(H)--
(A) by striking ``subcommittee'' in the subparagraph
heading and inserting ``committee'';
(B) by striking ``under paragraph (2)(E)'' in clause (i)
and inserting ``to the Committee''; and
(C) by striking ``Air Traffic Services Subcommittee'' and
inserting ``Committee'';
(10) in paragraph (6)(I)(i)--
(A) by striking ``appointed under paragraph (2)(E) is'' and
inserting ``is serving as''; and
(B) by striking ``Subcommittee'' and inserting
``Committee'';
(11) in paragraph (6)(I)(ii)--
(A) by striking ``appointed under paragraph (2)(E)'' and
inserting ``who is a member of the Committee''; and
(B) by striking ``Subcommittee'' and inserting
``Committee'';
(12) in paragraph (6)(K) by inserting ``or Committee'' after
``Council'';
(13) in paragraph (6)(L) by inserting ``or Committee'' after
``Council'' each place it appears; and
(14) in paragraph (7)--
(A) by striking ``subcommittee'' in the paragraph heading
and inserting ``committee'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) Establishment.--The Administrator shall establish a
committee that is independent of the Council by converting the
Air Traffic Services Subcommittee of the Council, as in effect
on the day before the date of enactment of the Vision 100--
Century of Aviation Reauthorization Act, into such committee.
The committee shall be known as the Air Traffic Services
Committee (in this subsection referred to as the
`Committee').'';
(C) by redesignating subparagraphs (B) through (F) as
subparagraphs (D) through (H), respectively;
(D) by inserting after subparagraph (A) the following:
``(B) Membership and qualifications.--Subject to paragraph
(6)(C), the Committee shall consist of five 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 committee.--No member of
the Committee may--
``(i) have a pecuniary interest in, or own stock in or
bonds of, an aviation or aeronautical enterprise, except an
interest in a diversified mutual fund or an interest that
is exempt from the application of section 208 of title 18;
``(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.'';
(E) by striking ``Subcommittee'' each place it appears in
subparagraphs (D) and (E) (as redesignated by subparagraph (C)
of this paragraph) and inserting ``Committee'';
(F) by striking ``approve'' in subparagraph (E)(v)(I) (as
so redesignated) and inserting ``make recommendations on'';
(G) by striking ``request'' in subparagraph (E)(v)(II) (as
so redesignated) and inserting ``recommendations'';
(H) by striking ``ensure that the budget request 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);
(J) by striking subparagraph (F) (as so redesignated) and
inserting the following:
``(F) Committee personnel matters and expenses.--
``(i) Personnel matters.--The Committee may appoint and
terminate for purposes of employment by the Committee any
personnel that may be necessary to enable the Committee to
perform its duties, and may procure temporary and
intermittent services under section 40122.
``(ii) Travel expenses.--Each member of the Committee
shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States
Code.'';
(K) in subparagraph (G) (as so redesignated)--
(i) by striking clause (i);
(ii) by redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively; and
(iii) by striking ``Subcommittee'' each place it
appears in clauses (i), (ii), and (iii) (as so
redesignated) and inserting ``Committee'';
(L) in subparagraph (H) (as so redesignated)--
(i) by striking ``Subcommittee'' each place it appears
and inserting ``Committee'';
(ii) by striking ``Administrator, the Council'' each
place it appears in clauses (i) and (ii) and inserting
``Secretary''; and
(iii) in clause (ii) by striking ``(B)(i)'' and
inserting ``(D)(i)''; and
(M) by adding at the end the following:
``(I) Authorization.--There are authorized to be
appropriated to the Committee such sums as may be necessary for
the Committee to carry out its activities.''.

f797491a76ea9bff92617fd17216b8ac2e400ccb022768bc4784386c6d1f0742

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 Committee'';
(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 Committee'';
(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 Committee''; and
(9) in paragraph (5)(C)(iii)--
(A) by inserting ``agency's'' before ``annual''; and
(B) by striking ``developed under subparagraph (A) of this
subsection.'' and inserting ``for air traffic control
services.''.

e6365220179f8b676b5b196ffbd27468dadf99bb7fbd075a0fd67b86b609b421

Section 106(d) is amended--
(1) by redesignating paragraphs (2) and (3) as (3) and (4),
respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The annual rate of basic pay of the Deputy Administrator
shall be set by the Secretary but shall not exceed the annual rate of
basic pay payable to the Administrator of the Federal Aviation
Administration.''.
Subtitle B--Miscellaneous

e4bb8def27cefed201f4b0f0338fcecbcf595dcca3ed60fbba4b0b5cc0c62141

(a) Annual Report.--Beginning with the submission of the Budget of
the United States to the Congress for fiscal year 2005, the
Administrator of the Federal Aviation Administration shall transmit a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure that describes the overall air traffic controller
staffing plan, including strategies to address anticipated retirement
and replacement of air traffic controllers.
(b) Human Capital Workforce Strategy.--
(1) Development.--The Administrator shall develop a
comprehensive human capital workforce strategy to determine the
most effective method for addressing the need for more air traffic
controllers that is identified in the June 2002 report of the
General Accounting Office.
(2) Completion date.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall complete development
of the strategy.
(3) Report.--Not later than 30 days after the date on which the
strategy is completed, the Administrator shall transmit to Congress
a report describing the strategy.

6489c3dd8df75d29d5db13afd5d65c354928291af1edbc3cbcf1ade0e04f3279

Section 40110(d)(2)(C) is amended by striking ``355).'' and
inserting ``355), except for section 315 (41 U.S.C. 265). For the
purpose of applying section 315 of that Act to the system, the term
`executive agency' is deemed to refer to the Federal Aviation
Administration.''.

621b9448008074f161d010267c04ae77ae33c430bafcd0ca27287651c2916ea6

(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.

edb7e5d63bc0164023b3f9035766d020b256c2faeaa9cd0cdb7a582c2de9f2bc

(a) Duties and Powers.--Section 40110(c) is amended--
(1) by striking ``Administration--'' and all that follows
through ``(2) may--'' and inserting ``Administration may--'';
(2) by striking subparagraph (D);
(3) by redesignating subparagraphs (A), (B), (C), (E), and (F)
as paragraphs (1), (2), (3), (4), and (5), respectively; and
(4) by moving such paragraphs (1) through (5) 2 ems to the
left.
(b) Acquisition Management System.--Section 40110(d) is amended--
(1) in paragraph (1)--
(A) by striking ``, not later than January 1, 1996,''; and
(B) by striking ``provides for more timely and cost-
effective acquisitions of equipment and materials.'' and
inserting the following:
``provides for--
``(A) more timely and cost-effective acquisitions of
equipment, services, property, and materials; and
``(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 and shall be subject
to judicial review under section 46110 and to section 504 of title
5.''.
(c) Authority of Administrator To Acquire Services.--Section
106(f)(2)(A)(ii) is amended by inserting ``, services,'' after
``property''.

d56ebcc697d0d53015e4a10696b6f2ae1f51607c32b9b41af5f08f2a5d5c912f

(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.

4366a67b9075567431678c71657d7e580579f928a7d75c152d8a0a355bf195f1

(a) Air Traffic Controller Defined.--
(1) Civil service retirement system.--Section 8331 of title 5,
United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (27);
(B) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(C) by adding at the end the following:
``(29) the term `air traffic controller' or `controller'
means--
``(A) a controller within the meaning of section 2109(1);
and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense who is the
immediate supervisor of a person described in section
2109(1)(B).''.
(2) Federal employees' retirement system.--Section 8401 of
title 5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (33);
(B) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(C) by adding at the end the following:
``(35) the term `air traffic controller' or `controller'
means--
``(A) a controller within the meaning of section 2109(1);
and
``(B) a civilian employee of the Department of
Transportation or the Department of Defense who is the
immediate supervisor of a person described in section
2109(1)(B).''.
(3) Mandatory separation treatment not affected.--
(A) Civil service retirement system.--Section 8335(a) of
title 5, United States Code, is amended by adding at the end
the following: ``For purposes of this subsection, the term `air
traffic controller' or `controller' has the meaning given to it
under section 8331(29)(A).''.
(B) Federal employees' retirement system.--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).''.
(b) Modified Annuity Computation Rule for Certain Air Traffic
Controllers Under FERS.--
(1) In general.--Section 8415 of title 5, United States Code,
is amended--
(A) by redesignating subsections (e) through (j) as
subsections (f) through (k), respectively, and by redesignating
the second subsection (i) as subsection (l); and
(B) by inserting after subsection (d) the following:
``(e) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed under
subsection (a), except that if the individual has had at least 5 years
of service as an air traffic controller as defined by section
2109(1)(A)(i), so much of the annuity as is computed with respect to
such type of service shall be computed by multiplying 1\7/10\ percent
of the individual's average pay by the years of such service.''.
(2) Conforming amendments.--(A) Section 8422(d)(2) of title 5,
United States Code, is amended by striking ``8415(i)'' and
inserting ``8415(j)''.
(B) Section 8452(d)(1) of such title is amended by striking
``subsection (f)'' and inserting ``subsection (g)''.
(C) Section 8468(b)(1)(A) of such title is amended by striking
``through (g)'' and inserting ``through (h)''.
(D) Section 302(a) of the Federal Employees' Retirement System
Act of 1986 (5 U.S.C. 8331 note) is amended--
(i) in paragraph (1)(D)(VI), by striking ``subsection (g)''
and inserting ``subsection (h)'';
(ii) in paragraph (9), by striking ``8415(f)'' and
inserting ``8415(g)''; and
(iii) in paragraph (12)(B)(ii), by striking ``through (f)''
and inserting ``through (g)''.
(c) Effective Date.--
(1) In general.--This section and the amendments made by this
section--
(A) shall take effect on the 60th day after the date of
enactment of this Act; and
(B) shall apply with respect to--
(i) any annuity entitlement to which is based on an
individual's separation from service occurring on or after
the effective date of this section; and
(ii) any service performed by any such individual
before, on, or after the effective date of this section,
subject to paragraph (2).
(2) Special rule.--
(A) Deposit requirement.--For purposes of determining
eligibility for immediate retirement under section 8412(e) of
title 5, United States Code, the amendment made by subsection
(a)(2) shall, with respect to any service described in
subparagraph (B), be disregarded unless there is deposited into
the Civil Service Retirement and Disability Fund, with respect
to such service, in such time, form, and manner as the Office
of Personnel Management by regulation requires, an amount equal
to the amount by which--
(i) the deductions from pay which would have been
required for such service if the amendments made by
subsection (a)(2) had been in effect when such service was
performed, exceeds
(ii) the unrefunded deductions or deposits actually
made under subchapter II of chapter 84 of such title with
respect to such service.
An amount under this subparagraph shall include interest,
computed under paragraphs (2) and (3) of section 8334(e) of
such title 5.
(B) Prior service described.--This paragraph applies with
respect to any service performed by an individual before the
effective date of this section as an employee described in
section 8401(35)(B) of title 5, United States Code (as amended
by subsection (a)(2)).

ce20222ad7b0f4bd892c86f0e2b4bbf83dd98137555d5c9553e57ddfe25ac6eb

(a) General Authority To Issue Certificates.--Effective on the last
day of the 7-year period beginning on the date of enactment of this
Act, section 44702(a) is amended by inserting ``design organization
certificates,'' after ``airman certificates,''.
(b) Design Organization Certificates.--
(1) Plan.--Not later than 4 years after the date of 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 amended by
adding at the end the following:
``(e) 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.--The Administrator may rely on
certifications of compliance by a design organization when making a
finding under subsection (a).
``(4) Public safety.--The Administrator shall include in a
design organization certificate issued under this subsection terms
required in the interest of safety.
``(5) No effect on power of revocation.--Nothing in this
subsection affects the authority of the Secretary of Transportation
to revoke a certificate.''.
(c) Reinspection and Reexamination.--Section 44709(a) is amended by
inserting ``design organization, production certificate holder,'' after
``appliance,''.
(d) Prohibitions.--Section 44711(a)(7) is amended by striking
``agency'' and inserting ``agency, design organization certificate, ''.
(e) Conforming Amendments.--
(1) Section heading.--Section 44704 is amended by striking the
section designation and heading and inserting the following:
``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.''.

d00b74e36952c5ef7bda02e718c4a828f2013d3ab81da3b040ea46cdb2ffcedd

The first sentence of section 46110(a) is amended--
(1) by striking ``safety''; and
(2) by striking ``under this part'' and inserting ``in whole or
in part under this part, part B, or subsection (l) or (s) of
section 114''.

e00b07be7e72f9b2e402367a16a2b96cc119c3546b7977ab4e662974da018893

(a) Adoption and Legalization of Certain Rules.--
(1) Applicability and effect of certain law.--Notwithstanding
section 141(d)(1) of the Aviation and Transportation Security Act
(49 U.S.C. 44901 note), section 45301(b)(1)(B) of title 49, United
States Code, is deemed to apply to and to have effect with respect
to the authority of the Administrator of the Federal Aviation
Administration with respect to the interim final rule and final
rule, relating to overflight fees, issued by the Administrator on
May 30, 2000, and August 13, 2001, respectively.
(2) Adoption and legalization.--The interim final rule and
final rule referred to in subsection (a), including the fees issued
pursuant to those rules, are adopted, legalized, and confirmed as
fully to all intents and purposes as if the same had, by prior Act
of Congress, been specifically adopted, authorized, and directed as
of the date those rules were originally issued.
(3) Fees to which applicable.--This subsection applies to fees
assessed after November 19, 2001, and before April 8, 2003, and
fees collected after the requirements of subsection (b) have been
met.
(b) Deferred Collection of Fees.--The Administrator shall defer
collecting fees under section 45301(a)(1) of title 49, United States
Code, until the Administrator (1) reports to Congress responding to the
issues raised by the court in Air Transport Association of Canada v.
Federal Aviation Administration and Administrator, FAA, decided on
April 8, 2003, and (2) consults with users and other interested parties
regarding the consistency of the fees established under such section
with the international obligations of the United States.
(c) Enforcement.--The Administrator shall take an appropriate
enforcement action under subtitle VII of title 49, United States Code,
against any user that does not pay a fee under section 45301(a)(1) of
such title.
Subtitle A--Aviation Development Streamlining

4dc04845438a5afa8c43f4ed387f7ef4ee4d348e9167e7a160289eb203f3ae25

This title may be cited as ``Aviation Streamlining Approval Process
Act of 2003''.

4e96f914e2a95669c7f2004c11564563493b2b1d5eefb939ad1edce04b14d222

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.

f7f36b1e817971efb2f509bd04f30f5c373d161efc74a8d39d9301dcbbd0374f

Section 40104 is amended by adding at the end the following:
``(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator shall take
action to encourage the construction of airport capacity enhancement
projects at congested airports as those terms are defined in section
47176.''.

7551371512bc504f22985f8fc1224f9a6736cb3d16bb8141d547388406a1b111

Aviation Administration FY2004-2006 Authorization bill — HR. 2115

Other Sections