H.R. 2115 - Flight 100--Century of Aviation Reauthorization Act
Washington, DC,
October 30, 2003
H.R.2115
Title:To amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for other purposes.
Sponsor: Rep Young, Don [AK] (introduced 5/15/2003) Cosponsors: 3
Committees: House Transportation and Infrastructure; House Judiciary
House Reports: 108-143; Conference Reports: 108-334
Related Bills: H.RES.265, H.RES.377, H.RES.422, S.824, S.1618
Latest Major Action: 10/30/2003 Conference report agreed to in House. Status: On agreeing to the conference report Agreed to by recorded vote: 211 - 207 (Roll no. 592).
Burgess voted YES
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SUMMARY AS OF:
6/11/2003--Passed House, amended. (There is 1 other summary)
Flight 100-Century of Aviation Reauthorization Act - Title I: Authorizations - (Sec. 101) Amends Federal transportation law to authorize appropriations for FY 2004 through 2007 for: (1) the Federal Aviation Administration (FAA); (2) air navigation facilities and equipment; (3) airport and noise compatibility planning and development; (4) the contracting of air traffic control services at Level I air traffic control towers under the air traffic control program; (5) the regional air service incentive program to provide assistance to improve jet aircraft service to underserved markets; and (6) the funding of various aviation programs from the Airport and Airway Trust Fund and the General Fund of the Treasury.
Earmarks FAA operations funds for: (1) the Center for Management Development of the FAA to operate at least 200 courses each year and to support associated student travel for both residential and field courses; (2) establishment of the Next Generation Air Transportation System Joint Program Office to develop, in coordination with other specified entities, the next generation air traffic management system; (3) establishment of helicopter and tiltrotor approach and departure procedures using advanced technologies to permit operations in adverse weather conditions to meet the needs of air ambulance services; (4) the hiring of additional air traffic controllers; (5) completion of the Alaska aviation safety project with respect to the three dimensional mapping of Alaska's main aviation corridors; (6) an Aviation Safety Reporting System; and (7) the gathering of airline data and its analysis in the Bureau of Transportation Statistics of the Department of Transportation (DOT).
Directs the Administrator of the FAA (Administrator) to develop a comprehensive human capital workforce strategy to determine the most effective method for addressing the need for more air traffic controllers called for in the June 2002 report of the General Accounting Office. Requires the Administrator to report to Congress on the long-term goals and objectives of the Aviation Safety Reporting System, including how it interrelates with other safety reporting systems of the Federal Government.
(Sec. 102) Earmarks air navigation facilities and equipment funds to: (1) enhance safety and security for aircraft operations in the Gulf of Mexico; (2) document and demonstrate the operational benefits of a wake vortex advisory system; and (3) establish a program for the installation of a closed-loop precision approach aid designed to improve aircraft accessibility at mountainous airports with limited land.
(Sec. 104) Authorizes appropriations for FY 2004 through 2008 for the small community air service development pilot program to improve air carrier service to airports not receiving sufficient air carrier service.
Extends through FY 2007 the authority of: (1) the Administrator to carry out a pilot program of awards of design-build contracts for certain airport projects; and (2) the Secretary of Transportation (Secretary) to approve an application of the Metropolitan Washington Airports Authority for an airport development project grant, or to impose a passenger facility fee.
(Sec. 105) Extends the current authority of the Secretary to provide air carrier insurance and reinsurance through calendar year 2007. Limits the insurance and reinsurance the Secretary may provide after December 31, 2007, to: (1) the operation of domestic or foreign air carriers in foreign air commerce or between at least two points, all of which are outside the United States; and (2) insurance obtained by a Federal agency or instrumentality.
Authorizes the Secretary to extend to the U.S. manufacturer of the aircraft of the air carrier involved the limitation of $100 million in liability for third party claims arising out of acts of terrorism, as well as immunity from punitive damages. Makes the Federal Government responsible for any liability above $100 million.
Authorizes the Secretary to apply any air carrier insurance provisions to a loss by a vendor, agent, and subcontractor of an aircraft used by an air carrier, but only to the extent that the loss involved one of the carrier's aircraft.
(Sec. 106) Authorizes the Administrator, in order to test the cost-effectiveness and feasibility of long-term financing of modernization of major air traffic control systems, to establish a pilot program to test innovative financing techniques through amending a contract of more than one, but not more than 20, fiscal years to purchase and install terminal automation replacement systems for the FAA. Directs the Administrator to report to specified congressional committees with respect to the pilot program. Authorizes appropriations.
Title II: Airport Project Streamlining - Airport Streamlining Approval Process Act of 2003 - (Sec. 203) Amends Federal transportation law to direct the Administrator to take action to encourage the construction of airport capacity enhancement projects at congested airports.
(Sec. 204) Directs the Secretary to develop and implement a coordinated review process for such projects, which shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters.
Requires: (1) the Secretary to determine the reasonable alternatives to an airport capacity enhancement project at a congested airport; and (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable.
Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the restriction is necessary and the most appropriate and cost-effective measure (taking into consideration associated environmental tradeoffs) to mitigate such impacts and expedite runway construction.
Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project, including aircraft noise.
Permits the Administrator to accept funds from an airport sponsor to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project.
Authorizes appropriations for FY 2004 and for each succeeding year to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
Authorizes the Administrator to designate an aviation safety or aviation security project for priority environmental review. Requires the Administrator to establish specific timelines for the coordinated environmental review of an aviation safety or aviation security project.
(Sec. 205) Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards.
Revises the approval criteria without the requirement of an environmental impact statement for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for "stage 3" aircraft (currently "stage 2" aircraft).
(Sec. 206) Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified unit of local government to carry out a project to mitigate noise in the area surrounding the airport, if the project is included as a commitment in an FAA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements.
Title III: Federal Aviation Reform - (Sec. 302) Directs the Administrator to convert the Air Traffic Services Subcommittee of the Federal Aviation Management Advisory Council into an independent Air Traffic Services Board.
(Sec. 304) Establishes in the FAA a Small Business Ombudsman who shall, among other things, be consulted when the Administrator proposes regulations that may affect small businesses in the aviation industry.
(Sec. 305) Directs the Administrator to take appropriate actions to implement 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.
Title IV: Airline Service Improvements - (Sec. 401) Amends Federal transportation law with respect to the Secretary's duty to collect and disseminate information on civil aeronautics to repeal the prohibition against the Secretary's requiring an air carrier to provide information on the number of passengers or the amount of cargo on solely nonessential interstate flights.
(Sec. 402) Directs the Secretary to publish data on incidents and complaints involving passenger and baggage security screening in a manner comparable to other consumer complaint and incident data. Authorizes the Secretary, in order to assist in the publication of such information, to request the Secretary of Homeland Security to report periodically on the number of complaints about security screening received by the Secretary of Homeland Security.
(Sec. 404) Revises the duties of the Administrator to eliminate authority with respect to the noncompetitive procurement of property or services by the FAA.
Directs the Administrator to develop and implement an acquisition management system for the FAA that at a minimum provides for: (1) the more timely and cost-effective acquisition, among other things, of services and property; and (2) the resolution of bid protests and contract disputes related to such acquisitions, using consensual alternative dispute resolution techniques to the maximum extent practicable. Requires a bid protest or contract dispute that is not addressed or resolved through alternative dispute resolution to be adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of the FAA Office of Dispute Resolution for Acquisition. Declares that the Administrator is the final authority with respect to the acquisition of services for the FAA.
(Sec. 405) Revises the definition of "eligible airport-related project" which is financed through the imposition by the Secretary of a passenger facility fee to include a project for the acquisition or conversion of ground support equipment or airport-owned vehicles used at a commercial service airport with, or to, low-emission technology or cleaner burning conventional fuels, or the retrofitting of such equipment or vehicles that are powered by a diesel or gasoline engine with emission control technologies certified by the Environmental Protection Agency (EPA) to reduce emissions, provided the airport is located in an air quality nonattainment area or a maintenance area (maintenance of the national primary ambient air quality standard for an air pollutant in a nonattainment area for at least ten years after the redesignation of such area for such air pollutant), and provided such project will result in an airport receiving appropriate emission credits. Limits the maximum cost that may be financed by imposition of a passenger facility fee for such low-emission technology projects.
(Sec. 406) Revises certain passenger facility fee requirements to provide that an eligible agency seeking to impose a passenger facility fee that provides notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied certain passenger facility fee application requirements if such agency limits such notices and consultations to domestic and foreign air carriers that have a significant business interest at an airport. (Defines significant business interest as having no less than one percent of passenger boardings at the airport in the prior calendar year, having had at least 25,000 passenger boardings at the airport in the prior calendar year, or providing scheduled service at the airport.) Requires an eligible agency to provide reasonable notice and an opportunity for public comment before submitting an application to the Secretary. Changes from mandatory to discretionary the authority of the Secretary, after receiving an application, to provide notice and an opportunity to domestic and foreign air carriers and other interested persons to comment on the application.
Establishes a pilot program to test alternative procedures for authorizing eligible agencies for nonhub airports to impose passenger facility fees. Authorizes an eligible agency to impose a passenger facility fee at a nonhub airport. Sets forth program requirements, including requiring the eligible agency to provide reasonable notice and an opportunity for consultation to domestic and foreign air carriers, and to provide reasonable notice and opportunity for public comment.
Prohibits the collection of a passenger facility fee from a passenger enplaning at an airport from a military charter flight.
Requires the Administrator to publish in the Federal Register the current Administration policy with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees.
(Sec. 407) Requires passenger facility revenue held by an air carrier to be segregated from the carrier's cash and other assets and placed in an escrow account for the benefit of the eligible agency entitled to such revenue. Prohibits an air carrier from granting to a third party any security or other interest in such revenue. Entitles an air carrier that collects passenger facility fees to receive interest on passenger facility fee accounts.
(Sec. 408) Revises the prohibition against requirement of a contractor certification or a contract clause in the case of a contract for the transportation of commercial items in order to implement a requirement relating to Government-financed air transportation. Excludes from the meaning of commercial item any contract for the air transportation of passengers.
(Sec. 409) Prohibits the Administrator from restricting commercial Special Flight Rules Area operations in the Dragon and Zuni Point corridors of the Grand Canyon National Park during the period beginning one hour after sunrise and ending one hour before sunset, unless required for aviation safety. Bars commercial Special Flight Rules Area operations from taking place in such corridors during the period beginning one hour before sunset and ending one hour after sunrise.
(Sec. 410) Establishes a collaborative decisionmaking pilot program whereby the Administrator, upon a determination that a capacity reduction event exists, may authorize domestic and foreign air carriers operating at the most capacity-constrained airports to communicate for a period not to exceed 24 hours with each other concerning changes in their flight schedules in order to use air traffic capacity most effectively.
(Sec. 411) Requires domestic and foreign air carriers to submit certain plans that address the needs of the families of passengers involved in an aircraft accident that results in a major loss of life, including at a minimum, among other things, assurances that the air carrier: (1) in the case of an accident that results in significant damage to nongovernmental property on the ground, provide notice, in writing, directly to the owner of the property about liability and compensation for the damaged property; and (2) in the case of an accident in which the National Transportation Safety Board (NTSB) conducts a public hearing at a location greater than 80 miles from the accident site, will ensure that the proceeding is made available simultaneously by electronic means to the public at both the origin city and destination city of the air carrier's flight if that city is located in the United States.
(Sec. 412) Increases the number of: (1) slot exemptions the Secretary may grant to air carriers to operate limited frequencies and aircraft on select routes between Ronald Reagan Washington National Airport and domestic hub airports, and exemptions from requirements prohibiting nonstop flights between such airport and another airport more than 1,250 miles away (beyond-perimeter rule) and limiting flights between medium or smaller airports and Ronald Reagan Washington National Airport to no more than 1,250 miles away (within-perimeter rule). Increases the number of within-perimeter exemptions that may be granted to air carriers for air transportation between Ronald Reagan Washington National Airport and small hub airports and nonhub airports and medium hub and smaller airports.
Directs the Secretary to: (1) identify airports (other than Ronald Reagan Washington National Airport) that have imposed perimeter rules like those in effect for Ronald Reagan Washington National Airport; and (2) study and report to Congress on the effect that perimeter rules for such airports have on competition and on air service to communities outside the perimeter.
Repeals certain requirements limiting the Metropolitan Washington Airports Authority to apply for an airport development project grant or to impose a passenger facility fee.
(Sec. 413) Requires an air carrier providing air passenger transportation to display a notice on a placard available to each passenger that informs such passenger of the nation in which the aircraft was assembled.
(Sec. 414) Authorizes an operator of a turbine powered or multiengine piston powered aircraft with ten passenger seats or less to provide at a negotiated price air transportation between a nonhub airport and another airport or between a noncommercial service airport and another airport in order to promote air service to small communities.
(Sec. 415) Permits that portion of compensation to air carriers that is used to promote public use of small community air service or transportation to be paid directly to the unit of local government having jurisdiction over the eligible place (small community) served by the air carrier.
Authorizes the Secretary to increase the rates of compensation to small community air service air carriers that experience significantly increased costs (an average monthly cost increase of ten percent or more) in providing such transportation without regard to any agreement or requirement regarding the renegotiation of contracts or notice requirements.
Requires the Secretary, in selecting communities for participation in a certain pilot program for improving air carrier service to airports not receiving sufficient air carrier service, to give priority to communities where assistance for such improvement can be used in the fiscal year in which it is received.
Authorizes additional appropriations for each fiscal year to carry out the essential air service program for small communities, including amounts to hire four additional employees for the office responsible for carrying out such program.
Requires the Secretary to notify a community that the essential air service subsidy will cease to be provided to an air carrier providing such service to the community because the community does not meet certain eligibility requirements.
Exempts an air carrier from certain renewable 30-day service continuation requirements if it commences air transportation to an eligible place that is not receiving essential air service as a result of failure to meet requirements in an appropriations Act.
Directs the Secretary to establish an alternative essential air service pilot program in which compensation for the service is paid directly to the local government of the community instead of to the air carrier.
Specifies the highway mileage of the most commonly used route as the highway mileage between a place and the nearest hub airport for purposes of the prohibition against provision of an essential air service subsidy to places within the 48 contiguous States that fail to meet certain requirements for distance from the nearest hub airport.
(Sec. 416) Provides for agreements allowing the holder of a type certificate to permit another person to use the certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance.
Requires the Secretary to spend as much time and perform a no-less-thorough review in certifying or validating the certification of new aircraft, aircraft engine, propeller, or appliance manufactured in a foreign nation as the regulatory authorities of that nation employ when certifying similar items manufactured in the United States.
(Sec. 417) Authorizes the Administrator, beginning seven years after enactment of this Act, to issue design organization certificates to design organizations that meet certain safety standards for the design and manufacture of aircraft, aircraft engines, propellers, and appliances.
(Sec. 418) Prohibits the Administrator from issuing a certificate (type certificate, production certificate, airworthiness certificate, and design organization certificate) to a person whose certificate is revoked due to counterfeiting or fraud offenses.
(Sec. 419) Declares that airport owners or operators shall not be required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in order to meet FAA standards applicable to runway safety areas.
(Sec. 420) Requires the Administrator to continue in effect the requirement that the holder of a design approval furnish certain airworthiness information to the owner of each type of aircraft, aircraft engine, or propeller and certain other required persons.
(Sec. 421) Directs the Administrator to issue an order amending, modifying, suspending, or revoking any part of a certificate if notified by the Department of Homeland Security that the certificate holder poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. Provides for appeals of such an order.
(Sec. 422) Prohibits a person from serving as a flight attendant unless such person holds a certificate of demonstrated proficiency from the Administrator.
(Sec. 423) Prohibits a public agency from closing an airport without providing written notice to the Administrator at least 30 days before the closure. Establishes a civil penalty of $10,000 per day of closure without notice.
(Sec. 424) Requires an airport operator to submit to the Secretary any revised noise exposure map showing any new noncompatible use or noise reduction.
(Sec. 425) Excludes from the savings provisions of the Aviation and Transportation Security Act its amendment to the General Fee Schedule Provision of Federal transportation law which requires the Administrator to ensure that FAA service fees are reasonably (instead of directly) related to the Administration's costs of providing the service rendered, as determined by the Administrator (in a determination not subject to judicial review). (Thus removes from judicial review any determination of reasonable fees which would otherwise have been subjected to it under the savings provisions.)
(Sec. 426) Directs the Administrator to ensure that certain training standards for airframe and powerplant mechanics are updated and revised to reflect current technology and maintenance practices.
(Sec. 427) Directs the President to establish a task force to work with the Next Generation Air Transportation System Joint Program Office to develop, and submit to Congress, a plan outlining the overall strategy, schedule, and resources needed to develop and deploy the Nation's next generation air traffic control system and air transportation system.
(Sec. 428) Directs the Administrator to: (1) undertake the studies and analysis called for in the report of the National Research Council entitled "The Airliner Cabin Environment and the Health of Passengers and Crew" with respect to the air quality in aircraft cabins; and (2) report the results to Congress.
(Sec. 429) Directs the Secretary to report to Congress on any actions that should be taken with respect to recommendations made by the National Commission to Ensure Consumer Information and Choice in the Airline Industry on: (1) the travel agent arbiter program; and (2) the special box on tickets for agents to include their service fee charges.
(Sec. 430) Directs the President to establish a task force to look for better methods for ensuring that technology developed for military aircraft is more quickly and easily transferred to applications for improving and modernizing the fleet of civilian aircraft.
(Sec. 431) Authorizes the Secretary to make grants to reimburse specified general aviation entities for security costs incurred and revenue lost as a result of the restrictions imposed by the Federal Government following the terrorist attacks on the United States on September 11, 2001, or the military action to free the people of Iraq that commenced in March 2003. Authorizes appropriations.
(Sec. 432) Directs the FAA and the exclusive bargaining representative of the National Association of Air Traffic Specialists to submit their unresolved issues due to their failure to achieve agreement through the mediation process of the Federal Mediation and Conciliation Service to the Federal Service Impasses Panel for final and binding resolution.
(Sec. 433) Directs the Comptroller General to study and report to specified congressional committees on the training of FAA aviation safety inspectors. Expresses the sense of the House of Representatives that FAA inspectors should be provided with the most up-to-date training on the latest aviation technologies.
Directs the Administrator to make appropriate arrangements for the National Academy of Sciences to study and report to Congress on the assumptions and methods the FAA uses to estimate staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the designee program.
(Sec. 434) Prohibits the Secretary from authorizing the transfer of the FAA air traffic separation and control functions (except a FAA air traffic control tower operated under the contract tower program) to a private entity or to a public entity other than the U.S. Government.
(Sec. 435) Expresses the sense of Congress that U.S. air carriers should: (1) establish for all Armed Forces members reduced air fares comparable to the lowest airfare for ticketed flights; and (2) offer flexible terms that allow such active duty members to purchase, modify, or cancel tickets without time restrictions, fees, and penalties.
(Sec. 436) Amends the Aviation and Transportation Security Act to extend the requirement that an air carrier that provides scheduled air transportation on a route provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other carrier that suspends, interrupts, or discontinues air passenger service on that route because of insolvency or bankruptcy of the other carrier.
(Sec. 437) Directs the Secretary to study and report to Congress on the feasibility of the United States hosting a world-class international air show.
(Sec. 438) Defines "air traffic controller" or "controller" for purposes of the payment into the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS).
(Sec. 439) Directs the Administrator, if an Air Defense Identification Zone (ADIZ) (a no-fly zone around Washington, D.C., extended from the current 15-mile radius up to 38 miles) is established, to report to specified congressional committees explaining the need for it.
(Sec. 440) Expresses the sense of Congress that, in an effort to modernize its regulations, DOT should formally define "Fifth Freedom" and "Seventh Freedom" consistently for both scheduled and charter passenger and cargo traffic.
(Sec. 441) Directs the Secretary, subject to the availability of funds, to reimburse air carriers and airports for certain screening and related activities.
(Sec. 442) Expresses the sense of Congress that Ronald Reagan Washington National Airport should be open to general aviation flights as soon as possible.
(Sec. 443) Revises charter airlines requirements to prohibit an air carrier (including an indirect air carrier) from providing, in aircraft designed for more than nine passenger seats, regularly scheduled charter air transportation, for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight, to or from an airport with an airport operating certificate if it is a reliever airport located within 20 nautical miles of three or more airports that annually account for at least one percent of the total U.S. passenger enplanements and at least two of which are operated by the reliever airport's sponsor. Authorizes the Secretary to waive such requirements if it is in the public interest.
(Sec. 444) Directs the Secretary to issue regulations to implement certain noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.
(Sec. 445) Revises certain airline crew training requirements to require passenger air carriers to carry out an approved training program for flight and cabin crew members to prepare them for potential threat conditions. Sets forth certain program requirements.
(Sec. 446) Directs the Comptroller General to review the criteria used by the Air Transportation Stabilization Board to compensate air carriers following the terrorist attack of September 11, 2001, with a particular focus on whether it is appropriate to compensate air carriers for the decrease in value of their aircraft after such date.
(Sec. 447) Directs the Administrator to report to Congress on whether, in light of the demands of business in Alaska, it would be appropriate to permit operation of an aircraft (not involving common carriage) in which the operator organizes an entity whose only purpose is to provide air transportation of persons and property related to the business entity and the charge for such transportation does not exceed the cost of owning, operating, and maintaining the aircraft.
Title V: Airport Development - (Sec. 502) Requires funding of the replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, at public-use airports in order to install bulk explosive detection devices to use only amounts apportioned for airport planning and development and noise compatibility planning and programs.
(Sec. 503) Makes eligible for airport development project funds in FY 2004 the direct costs incurred by operators of nonhub airports or nonprimary airports with respect to new, additional, or revised security requirements imposed on airport operators by law on or after September 11, 2001, if the Government's share of costs is paid from amounts apportioned to a sponsor for such programs.
(Sec. 504) Requires the Secretary to follow certain procedures with respect to the granting of approval of an airport development project grant application if the Secretary withholds a grant to an airport from the discretionary fund or from the small airport fund on the grounds that the airport sponsor has violated an assurance or requirement with respect to such project.
(Sec. 505) Authorizes the Secretary to approve an application for an airport development project grant to construct, reconstruct, repair, or improve a runway only if the Secretary receives written assurances that the airport sponsor will undertake, to the maximum extent practical, improvement of the airport runway's safety area to meet FAA standards.
(Sec. 506) Revises requirements for satisfactory written assurances an airport owner or operator must give the Secretary about the acquisition of land for a noise compatibility purpose in order to have an airport development grant approved. Revises, in particular, the requirement that the owner or operator will dispose of the land at fair market value at the earliest practicable time after the land no longer is needed for a noise compatibility purpose, and that part of the proceeds from such disposal proportional to the Government's share of the cost of acquiring the land will either be paid to the Secretary for deposit in the Airport and Airway Trust Fund, or reinvested in an approved noise compatibility project. Includes as a proper reinvestment the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by an airport as part of a noise compatibility program.
(Sec. 507) Authorizes the Secretary to approve an airport development project grant application only if the Secretary receives satisfactory written assurances that, if an airport owner or operator and an aircraft owner agree that a hangar is to be constructed at an airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant the aircraft owner a long-term lease of not less than 50 years for the hangar.
(Sec. 508) Declares that the cost of constructing or modifying a public parking facility for passenger automobiles to comply with a regulation or directive of the Department of Homeland Security shall be treated as an allowable airport development project cost. Authorizes the Secretary with respect to an airport that is not a medium hub airport or large hub airport to determine that allowable airport development project costs include payments of interest, commercial bond insurance, and other credit enhancement costs associated with a bond issue to finance such project.
(Sec. 509) Makes certain formula changes with respect to the calculation of the apportionment of airport planning and development and noise compatibility planning and program funds to sponsors of primary airports and cargo only airports.
(Sec. 511) Revises factors the Secretary must consider in selecting a project for a discretionary grant to preserve and improve airport capacity. Sets forth certain other factors that must be considered in selecting an airport development project for a discretionary grant, including whether: (1) funding has been approved for all other projects qualifying for funding during the fiscal year that have attained a higher score under the numerical priority system employed by the Secretary in administering the discretionary fund; and (2) the airport 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 six months afterwards, whichever is later.
(Sec. 512) Extends the availability for any public-use airport in the national plan of integrated airport systems of apportioned airport planning and development and noise compatibility planning and program funds to sponsors of cargo only airports and of reliever or nonprimary commercial service airports (as well as primary airports). Authorizes the sponsor of such an airport (like the sponsor of a primary airport, as under current law) to make an agreement with the Secretary waiving the sponsor's claim to any part of the apportioned funds for the airport 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.
Authorizes the Secretary to decide that the costs of revenue producing aeronautical support facilities (including fuel farms and hangars) are allowable costs payable by the Government for an airport development project at a nonprimary airport if: (1) the Government's share of such costs is paid only with funds apportioned to the sponsor of a reliever and nonprimary commercial service airport; and (2) the sponsor has made adequate provision for financing airside needs of the airport.
Authorizes the Secretary to make any part of airport planning and development and noise compatibility planning and program funds apportioned to a sponsor of a nonprimary airport available to pay the costs for terminal development at such airport.
(Sec. 513) Sets forth the period of availability of airport planning and development and noise compatibility planning and program funds apportioned to sponsors of nonhub airport or nonprimary commercial service airports.
Requires the Secretary to use at least 34 percent of amounts available to the discretionary fund for each fiscal year for certain grants (as under current law), but including grants: (1) to carry out noise compatibility programs for noise mitigation projects approved in an environmental record of decision for an airport development project; (2) for compatible land use planning and projects carried by State and local governments; and (3) for airport development projects to comply with the Clean Air Act.
Repeals the requirement that a certain amount of such funds be set-aside for grants to sponsors of super reliever airports.
Requires that, if an appropriations Act limits grant obligation amounts, canceled or reduced airport planning and development and noise compatibility planning and program funds shall be treated as negative obligations to be netted against the obligation limitation, and thus permit any obligation limitation on such funds to be exceeded by an equal amount.
(Sec. 514) Increases the availability of funds from the discretionary fund each year to sponsors of current or former military airports to improve or repair terminal building facilities, or to construct, improve, or repair certain airport surface parking lots, fuel farms, and utilities, and hangars and air cargo terminals at such airports.
(Sec. 515) Revises requirements regarding the repayment of money borrowed for terminal development costs incurred by a an airport sponsor to make airport planning and development and noise compatibility planning and program funds available for grants to a sponsor of a commercial service airport, a nonhub airport, and primary airport to repay immediately money borrowed and used to pay the costs for terminal development that occurs at such airports during a specified period and that qualify as an allowable project cost. Sets forth certain grant requirements.
(Sec. 516) Continues the low activity (Visual Flight Rules) level I air traffic control tower contract program for towers existing on enactment of this Act (currently, December 30, 1987).
Converts the Contract Air Traffic Control Tower Pilot Program into the Contract Air Traffic Control Tower Program (ending its pilot or temporary status).
Increases the maximum Federal share of costs of construction of a nonapproach control tower under the program from $1.1 million to no more than $1.5 million.
(Sec. 517) Revises current authority to authorize the Administrator to enter into a cooperative agreement with, or provide a grant from airport planning and development and noise compatibility planning and program funds to, a private company for the collection of airport safety data. Makes the Federal share of cost of the data collection 100 percent.
(Sec. 518) Revises requirements regarding an airport sponsor's sale or long term lease of a general aviation or other type airport to a private person to authorize the Secretary to approve a sponsor's application for an exemption from certain assurances regarding the use of airport revenues to the extent necessary to permit the sponsor to recover from such sale or lease an amount as may be approved: (1) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport (currently, by at least 65 percent of the 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 (2) by the Secretary at any nonprimary airport after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary. Repeals certain Federal share of costs requirements with respect to airport improvement projects at airports that receive an exemption from such use requirements.
(Sec. 519) Reduces from 20 to 12 the number of airport development projects for which airport improvement grants may be used for innovative financing techniques. Sets forth certain innovative financing techniques requirements.
(Sec. 520) Requires the Secretary, in cooperation with the Secretary of Homeland Security, to administer the airport security program.
(Sec. 521) Directs the Secretary and the Administrator of the EPA to agree jointly on how to assure that airport sponsors receive appropriate emission credits for carrying out air quality projects at certain airports. Sets forth certain agreement requirements.
Directs the Secretary to carry out a pilot program under which airport sponsors may use airport planning and development and noise compatibility planning and program funds 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 EPA.
Makes eligible for airport development project funds: (1) 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 provided the airport is located in an air quality nonattainment or maintenance area, and such project will result in an airport receiving appropriate emission credits; and (2) the conversion of vehicles and ground support equipment owned by a commercial service airport to low-emission technology or acquisition for use at such airport vehicles and ground support equipment that include low-emission technology provided the airport is located in an air quality nonattainment area or a maintenance area, and such project will result in an airport receiving appropriate emission credits.
Declares that the cost is allowable for a project for acquiring for use at a commercial service airport vehicles and certain ground support equipment owned by a airport that include low-emission technology, if the total costs allowed for such project are not more than the incremental cost of equipping such vehicles or equipment with low-emission technology. Defines "low-emission technology" as technology for vehicles and equipment whose emission performance is the best achievable under EPA emission standards, relying exclusively on alternative fuels that are substantially non-petroleum based, but not excluding hybrid systems or natural gas powered vehicles.
(Sec. 522) Authorizes the Secretary to make grants from amounts set aside for noise compatibility programs to State and local governments for land use compatibility plans or resulting projects to make the use of land areas around large hub airports and medium hub airports compatible with aircraft operations if certain requirements are met. Sets forth certain grant requirements.
(Sec. 523) Prohibits, with specified exceptions, the Secretary from requiring an airport sponsor to provide the FAA, without compensation, space in a building owned by the sponsor and costs associated with such space for building, construction, maintenance, utilities, and other expenses.
(Sec. 524) Directs the Secretary to enter into a certain memorandum of understanding (MOU) to provide for the sale of aircraft fuel on Midway Island at a price that will generate sufficient revenue to improve Midway Island Airport's ability to operate on a self-sustaining basis in accordance with FAA standards applicable to commercial airports. Authorizes the airport to transfer the airport's navigation aids, without consideration, to the Administrator.
Authorizes appropriations for FY 2004 through 2007 for airport capital projects at Midway Island Airport.
(Sec. 525) Authorizes the Secretary to approve an airport sponsor's application for an airport development project involving the location of an airport or runway or a major runway extension at a medium or large hub airport only if the sponsor certifies to the Secretary that, among other things, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
(Sec. 526) Directs the Secretary to review the status of the airport on the Marshall Islands and report to Congress on whether it is appropriate and necessary for such airport to receive grants under the airport improvement program.
(Sec. 527) Directs the Secretary to report to Congress on waivers of preference for buying U.S. steel and manufactured goods with respect to airport improvement projects.
Title VI: Extension of Airport and Airway Trust Fund Expenditure Authority - (Sec. 601) Amends the Internal Revenue Code to extend the expenditure authority of the Airport and Airway Trust Fund through October 1, 2007.
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