An amendment numbered one printed in House Report 108-146 which makes technical changes.
What it does: 39 changes: replaces text in 20 places, inserts text in 17 places, adds a section, strikes text
Rep. John L. Mica (R-FL)Description
Amendment makes technical and clarifying changes including: making clear that self-defense training for flight attendants is voluntary and that flight attendants who choose to take it will do so on their own time; allows the Department of Transportation to request information from the Department of Homeland Security in preparing its monthly report on passenger complaints about screening; directs the FAA to publish its policy on the use of passenger facility charge revenue for ground access projects; allows 76-seat regional jets to qualify for the commuter aircraft slots for Reagan National Airport; and allows DOT to increase the subsidy to a commuter serving a small community if that commuter is experiencing significantly increased costs.
What it changes
39 changes to H.R. 2115 · 4 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 46, line 20 through page 47, line 2
ReplacesPrinted pageRemoves page 46, line 20 through page 47, line 2 of the printed bill. See that page
Inserted: (2) Monthly reports from secretary of homeland security.--To assist in the publication of data under paragraph (1), the Secretary of Transportation may request the Secretary of Homeland Security to periodically report on the number of complaints about security screening received by the Secretary of Homeland Security.
Original wording
Page 46, strike line 20 and all that follows through page 47, line 2, and insert the following:
Change 2: Inserts new text on page 58, line 24
InsertsPrinted pageInserted: (e) Eligibility of Airport Ground Access Transportation Projects.--Not later than 60 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code.
Original wording
Page 58, after line 24, insert the following:
Change 3: Replaces “Section 41106(b) is amended” through “following” with new text
In H.R. 2115 · Reported in House
(a) Government-Financed Air Transportation.--Section 40118(f)(2) is amended by inserting before the period at the end the following: ", except that it shall not include a contract for the transportation by air of passengers".
Inserted: (b) Airlift Service.--Subsections (a)(1), (b), and (c) of section 41106 are each amended--
(
[struck: b][inserted: 1])[struck: Airlift Service.--Section 41106(b) is amended by inserting after ][inserted: by striking "through a contract for airlift service]"[struck: military department" the following][inserted: and inserting]: ", or by a person that has contracted with the Secretary of Defense or the Secretary of a military department,".SEC. 409. OVERFLIGHTS OF NATIONAL PARKS.
Original wording
Page 61, line 17, strike “Section 41106(b) is amended” and all that follows through “following” on line 18 and insert the following:
Change 4: Replaces the period on page 61, line 20 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
Page 61, line 20, strike the period and insert “; and”.
Change 5: Inserts new text on page 61, line 20
InsertsPrinted pageInserted: (2) by inserting "through a contract for airlift service" after "obtained".
Original wording
Page 61, after line 20, insert the following:
Change 6: Rewrites page 62, lines 4–6
ReplacesPrinted pageRemoves page 62, lines 4–6 of the printed bill. See that page
Inserted: (2) in subsections (b)(3)(A) and (b)(3)(B) by inserting "over a national park" after "operations";
Original wording
Page 62, strike lines 4 through 6 and insert the following:
Change 7: Inserts new text on page 62, line 6
InsertsPrinted pageInserted: (3) in subsection (b)(3)(C) by inserting "over a national park that are also" after "operations";
Original wording
Page 62, after line 6, insert the following (and redesignate subsequent paragraphs in section 409(a) of the bill accordingly):
Change 8: Inserts new text on page 63, line 14
InsertsPrinted pageInserted: Commercial Special Flight Rules Area operations in the Dragon and Zuni Point corridors of the Grand Canyon National Park may not take place during the period beginning 1 hour before sunset and ending 1 hour after sunrise.
Original wording
Page 63, line 14, after the period insert the following:
Change 9: Replaces “six” with “without regard to the criteria contained in subsection (b)(1), six”
In H.R. 2115 · Reported in House
(A) in subparagraph (A)--
(i) by striking "four" and inserting "[inserted: without regard to the criteria contained in subsection (b)(1), ]six"; and
(ii) by striking "and" at the end;
Original wording
Page 71, line 13, strike “six” and insert “without regard to the criteria contained in subsection (b)(1), six”.
Change 10: Rewrites page 72, line 24 through page 73, line 11
ReplacesPrinted pageRemoves page 72, line 24 through page 73, line 11 of the printed bill. See that page
Inserted: (f) Commuters Defined.--
Inserted: (1) In general.--Section 41718 is amended by adding at the end the following:
Inserted: "(f) Commuters Defined.--For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of Federal Regulations, the term 'commuters' means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less.".
Inserted: (2) Regulations.--The Administrator of the Federal Aviation Administration shall revise regulations to take into account the amendment made by paragraph (1).
Original wording
Page 72, strike line 24 and all that follows through page 73, line 11, and insert the following:
Change 11: Inserts “from local sources other than airport revenues” after “pay”
…pay[inserted: from local sources other than airport revenues]…
Original wording
Page 75, line 22, after “pay” insert “from local sources other than airport revenues”.
Change 12: Inserts “and each fiscal year thereafter” after “2008”
…2008[inserted: and each fiscal year thereafter]…
Original wording
Page 75, line 25, after “2008” insert “and each fiscal year thereafter”.
Change 13: Inserts new text on page 76, line 24
InsertsPrinted pageInserted: (4) Adjustments.--Section 41737 is amended by adding at the end the following:
Inserted: "(e) Adjustments To Account for Significantly Increased Costs.--
Inserted: "(1) In general.--If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.
Inserted: "(2) Significantly increased costs defined.--In this subsection, the term 'significantly increased costs' means an average monthly cost increase of 10 percent or more.".
Original wording
Page 76, after line 24, insert the following:
Change 14: Inserts new text on page 78, line 23
InsertsPrinted pageInserted: (e) Exemption From Hold-In Requirements.--Section 41734 is further amended by adding at the end the following:
Inserted: "(j) Exemption From Hold-In Requirements.--If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible place that is not receiving essential air service as a result of the failure of the eligible place to meet requirements contained in an appropriations Act, the air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to such air transportation.".
Original wording
Page 78, after line 23, insert the following (and redesignate subsequent subsections in section 415 of the bill accordingly):
Change 15: Replaces “3 years” with “4 years”
[struck: 3 years][inserted: 4 years]Original wording
Page 83, line 21, strike “3 years” and insert “4 years”.
Change 16: Rewrites page 88, lines 11–13
ReplacesPrinted pageRemoves page 88, lines 11–13 of the printed bill. See that page
Inserted: (1) Make available.--The term 'make available' means providing at a fair and reasonable price. Such price may include recurring and non-recurring costs associated with post-certification development, preparation, and distribution. Such price may not include the initial product development costs related to the issuance of a design approval.
Original wording
Page 88, strike lines 11 through 13 and insert the following:
Change 17: Rewrites page 88, line 20 through page 89, line 6
ReplacesPrinted pageRemoves page 88, line 20 through page 89, line 6 of the printed bill. See that page
Inserted: (3) Instructions for continued airworthiness.--The term 'instructions for continued airworthiness' means any information (and any changes to such information) considered essential to continued airworthiness that sets forth instructions and requirements for performing maintenance and alteration.
Original wording
Page 88, strike line 20 and all that follows through page 89, line 6, and insert the following:
Change 18: Rewrites page 89, line 19 through page 90, line 15
ReplacesPrinted pageRemoves page 89, line 19 through page 90, line 15 of the printed bill. See that page
Inserted: (3) To determine if design approval holders for aircraft, aircraft engines, and propellers that are in production on the date of enactment of this section and for which application for a type certificate or supplemental type certificate was made before January 29, 1981, should be required to make instructions for continued airworthiness or maintenance manuals available (including any changes thereto) to any person required by Federal Aviation Administration rules to comply with any of the terms of the instructions or manuals.
Original wording
Page 89, strike line 19 and all that follows through page 90, line 15, and insert the following:
Change 19: Replaces “(6)” with “(4)”
[struck: (6)][inserted: (4)]Original wording
Page 90, line 16, strike “(6)” and insert “(4)”.
Change 20: Inserts new text on page 90, line 17
InsertsPrinted pageInserted: (d) Deadlines for Rulemaking.--
Inserted: (1) Notice of proposed rulemaking.--The Administrator shall issue a notice of proposed rulemaking to carry out subsection (c) not later than one year after the date of enactment of this section.
Inserted: (2) Final rule.--The Administrator shall issue a final rule with respect to subsection (c) not later than one year after the final date for the submission of comments with respect to the proposed rulemaking.
Inserted: (e) Enforcement of Current Regulation.--The Administrator shall review design approval holders that were required to produce instructions for continued airworthiness under section 21.50(b) of title 14, Code of Federal Regulations. If the Administrator determines that a design approval holder has not produced such instructions, the Administrator shall require the design approval holder to prepare such instructions and make them available as required by this section not later than 1 year after the design approval holder is notified by the Administrator of the determination.
Original wording
Page 90, after line 17, insert the following:
Change 21: Replaces “(d)” with “(f)”
[struck: (d)][inserted: (f)]Original wording
Page 90, line 18, strike “(d)” and insert “(f)”.
Change 22: Inserts new text on page 95, line 1
InsertsPrinted pageInserted: (c) Review.--The first sentence of section 46110(a) is amended by striking "part" and inserting "subtitle".
Original wording
Page 95, before line 1, insert the following:
Change 23: Replaces “air carrier” with “employer”
[struck: air carrier][inserted: employer]Original wording
Page 96, line 22, strike “air carrier” and insert “employer”.
Change 24: Rewrites page 112, lines 4–6
ReplacesPrinted pageRemoves page 112, lines 4–6 of the printed bill. See that page
Inserted: (b) Limitation.--Subsection (a) shall not apply to a Federal Aviation Administration air traffic control tower operated under the contract tower program on the date of enactment of this Act or to any expansion of that program under section 47124(b)(3) or 47124(b)(4) of title 49, United States Code.
Original wording
Page 112, strike lines 4 through 6 and insert the following:
Change 25: Inserts “, in consultation with the Secretary of Defense,” after “Transportation”
…Transportation[inserted: , in consultation with the Secretary of Defense,]…
Original wording
Page 113, line 21, after “Transportation” insert “, in consultation with the Secretary of Defense,”.
Change 26: Replaces “9 months after the date of enactment of this Act” with “September 30, 2004”
In H.R. 2115 · Reported in House
(a) Study.--The Secretary of Transportation shall study the feasibility of the United States hosting a world-class international air show.
(b) Report.--Not later than
[struck: 9 months after the date of enactment of this Act][inserted: September 30, 2004], the Secretary shall transmit to Congress a report on the results of the study conducted under subsection (a) together with recommendations concerning potential locations at which the air show could be held.SEC. 438. DEFINITION OF AIR TRAFFIC CONTROLLER.
Original wording
Page 113, lines 24 and 25, strike “9 months after the date of enactment of this Act” and insert “September 30, 2004”.
Change 27: Inserts new text on page 118, line 13
InsertsPrinted pageInserted: (c) Description of Changes to Improve Operations.--A report transmitted by the Administrator under this section shall include a description of any changes in procedures or requirements that could improve operational efficiency or minimize operational impacts of the ADIZ on pilots and controllers. This portion of the report may be transmitted in classified or unclassified form.
Original wording
Page 118, after line 13, insert the following:
Change 28: Replaces “(c)” with “(d)”
[struck: (c)][inserted: (d)]Original wording
Page 118, line 14, strike “(c)” and insert “(d)”.
Change 29: Adds SEC. 443. CHARTER AIRLINES on page 120, line 5
Adds a sectionPrinted pageInserted: SEC. 443. CHARTER AIRLINES.
Inserted: (a) In General.--Section 41104(b)(1) is amended--
Inserted: (1) by striking "paragraph (3)" and inserting "paragraphs (3) and (4)";
Inserted: (2) by inserting a comma after "regularly scheduled charter air transportation"; and
Inserted: (3) by striking "flight unless such air transportation" and all that follows through the period at the end and inserting the following: "flight, to or from an airport that--
Inserted: "(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or
Inserted: "(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport--
Inserted: "(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and
Inserted: "(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.".
Inserted: (b) Waivers.--Section 41104(b) is amended by adding at the end the following:
Inserted: "(4) Waivers.--The Secretary may waive the application of paragraph (1)(B) in cases in which the Secretary determines that the public interest so requires.".
Inserted: SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.
Show 43 more inserted paragraphsShow less
Inserted: Not later than July 1, 2004, the Secretary of Transportation shall issue regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.
Inserted: SEC. 445. CREW TRAINING.
Inserted: Section 44918 is amended to read as follows:
Inserted: "Sec. 44918. Crew training
Inserted: "(a) Basic Security Training.--
Inserted: "(1) In general.--Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to prepare the crew members for potential threat conditions.
Inserted: "(2) Program elements.--An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:
Inserted: "(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
Inserted: "(B) Crew communication and coordination.
Inserted: "(C) The proper commands to give passengers and attackers.
Inserted: "(D) Appropriate responses to defend oneself.
Inserted: "(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Under Secretary for Border and Transportation Security of the Department of Homeland Security).
Inserted: "(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.
Inserted: "(G) Situational training exercises regarding various threat conditions.
Inserted: "(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
Inserted: "(I) The proper conduct of a cabin search.
Inserted: "(J) Any other subject matter considered appropriate by the Under Secretary.
Inserted: "(3) Approval.--An air carrier training program under this subsection shall be subject to approval by the Under Secretary.
Inserted: "(4) Minimum standards.--Not later than one year after the date of enactment of the Flight 100--Century of Aviation Reauthorization Act, the Under Secretary shall establish minimum standards for the training provided under this subsection and for recurrent training.
Inserted: "(5) Existing programs.--Notwithstanding paragraph (3), any training program of an air carrier to prepare flight and cabin crew members for potential threat conditions that was approved by the Administrator or the Under Secretary before the date of enactment of the Flight 100--Century of Aviation Reauthorization Act may continue in effect until disapproved or ordered modified by the Under Secretary.
Inserted: "(6) Monitoring.--The Under Secretary, in consultation with the Administrator, shall monitor air carrier training programs under this subsection and periodically shall review an air carrier's training program to ensure that the program is adequately preparing crew members for potential threat conditions. In determining when an air carrier's training program should be reviewed under this paragraph, the Under Secretary shall consider complaints from crew members. The Under Secretary shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge.
Inserted: "(7) Updates.--The Under Secretary, in consultation with the Administrator, shall order air carriers to modify training programs under this subsection to reflect new or different security threats.
Inserted: "(b) Advanced Self Defense Training.--
Inserted: "(1) In general.--Not later than one year after the date of enactment of the Flight 100--Century of Aviation Reauthorization Act, the Under Secretary shall develop and provide a voluntary training program for flight and cabin crew members of air carriers providing scheduled passenger air transportation.
Inserted: "(2) Program elements.--The training program under this subsection shall include both classroom and effective hands-on training in the following elements of self-defense:
Inserted: "(A) Deterring a passenger who might present a threat.
Inserted: "(B) Advanced control, striking, and restraint techniques.
Inserted: "(C) Training to defend oneself against edged or contact weapons.
Inserted: "(D) Methods to subdue and restrain an attacker.
Inserted: "(E) Use of available items aboard the aircraft for self-defense.
Inserted: "(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.
Inserted: "(G) Explosive device recognition.
Inserted: "(H) Any other element of training that the Under Secretary considers appropriate.
Inserted: "(3) Participation not required.--A crew member shall not be required to participate in the training program under this subsection.
Inserted: "(4) Compensation.--Neither the Federal Government nor an air carrier shall be required to compensate a crew member for participating in the training program under this subsection.
Inserted: "(5) Fees.--A crew member shall not be required to pay a fee for the training program under this subsection.
Inserted: "(6) Consultation.--In developing the training program under this subsection, the Under Secretary shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal Air Marshals Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.
Inserted: "(7) Designation of tsa official.--The Under Secretary shall designate an official in the Transportation Security Administration to be responsible for implementing the training program under this subsection. The official shall consult with air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.
Inserted: "(c) Limitation.--Actions by crew members under this section shall be subject to the provisions of section 44903(k).".
Inserted: SEC. 446. REVIEW OF COMPENSATION CRITERIA.
Inserted: Not later than 6 months after the date of enactment of this Act, the Comptroller General shall review the criteria used by the Air Transportation Stabilization Board to compensate air carriers following the terrorist attack of September 11, 2001, with a particular focus on whether it is appropriate to compensate air carriers for the decrease in value of their aircraft after September 11th.
Inserted: SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA.
Inserted: Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall report to Congress on whether, in light of the demands of business within Alaska, it would be appropriate to permit an aircraft to be operated under part 91 of title 14, Code of Federal Regulations, where common carriage is not involved but (1) the operator of the aircraft organizes an entity where the only purpose of such entity is to provide transportation by air of persons and property to related business entities, individuals, and employees of such entities, and (2) the charge for such transportation does not to exceed the cost of owning, operating, and maintaining the aircraft.
Original wording
Page 120, after line 5, insert the following (and conform the table of contents of the bill accordingly):
Change 30: Replaces “or 47114(d)(3)(A)” with “, 47114(d)(3)(A), or 47114(e)”
[struck: or 47114(d)(3)(A)][inserted: , 47114(d)(3)(A), or 47114(e)]Original wording
Page 122, lines 21 and 22, strike “or 47114(d)(3)(A)” and insert “, 47114(d)(3)(A), or 47114(e)”.
Change 31: Rewrites page 124, lines 6–14
ReplacesPrinted pageRemoves page 124, lines 6–14 of the printed bill. See that page
Inserted: 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".
Original wording
Page 124, strike lines 6 through 14 and insert the following:
Change 32: Inserts “or 2003” after “2002”
…2002[inserted: or 2003]…
Original wording
Page 127, line 24, after “2002” insert “or 2003”.
Change 33: Inserts new text on page 132, line 8
InsertsPrinted pageInserted: (a) Period of Availability.--Section 47117(b) is amended by striking "primary airport" and all that follows through "calendar year" and inserting "nonhub airport or any airport that is not a commercial service airport".
Original wording
Page 132, after line 8, insert the following (and redesignate subsequent subsections of section 513 of the bill accordingly):
Change 34: Inserts “(a) Increased Funding Levels.--” before “Subsections”
In H.R. 2115 · Reported in House
SEC. 514. MILITARY AIRPORT PROGRAM.
[inserted: (a) Increased Funding Levels.-- ]Subsections (e) and (f) of section 47118 are each amended by striking "$7,000,000" and inserting "$10,000,000".
SEC. 515. TERMINAL DEVELOPMENT COSTS.
Original wording
Page 133, line 13, insert “(a) Increased Funding Levels.--” before “Subsections”.
Change 35: Inserts new text on page 133, line 15
InsertsPrinted pageInserted: (b) Reimbursement for Certain Construction Costs.--Section 47118(f) is amended--
Inserted: (1) by striking "Not more than" and inserting the following:
Inserted: "(1) Construction.--Not more than"; and
Inserted: (2) by adding at the end the following:
Inserted: "(2) Reimbursement.--Upon approval of the Secretary, the sponsor of a current or former military airport the Secretary designates under this section may use an amount apportioned under section 47114, or made available under section 47119(b), to the airport for reimbursement of costs incurred by the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in paragraph (1).".
Original wording
Page 133, after line 15, insert the following:
Change 36: Replaces “10” with “12”
[struck: 10][inserted: 12]Original wording
Page 138, line 21, strike “10” and insert “12”.
Change 37: Strikes “and”
Struck: and
Original wording
Page 139, line 3, strike “and”
Change 38: Replaces the period at the end of page 139, line 5 with new text
ReplacesPrinted page…
[struck: .]Original wording
Page 139, line 5, strike the period at the end and insert a semicolon.
Change 39: Inserts new text on page 139, line 5
InsertsPrinted pageInserted: (3) in subparagraph (A) (as so redesignated) by striking "and" at the end;
Inserted: (4) in subparagraph (B) (as so redesignated) by striking the period at the end and inserting "; and"; and
Inserted: (5) by adding at the end the following:
Inserted: "(C) payment of interest on indebtedness incurred to carry out a project for airport development.".
Original wording
Page 139, after line 5, insert the following:
Shown as written
Page 78, line 20, before the comma insert the following: or requirements contained in a subsequent appropriations Act
Page 138, line 23, strike “Such projects” and all that follows through the first period on line 24 and insert the following:
the second place it appears.
At the end of title V of the bill on page 152, add the following (and conform the table of contents of the bill accordingly):
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 46, strike line 20 and all that follows through page 47, line 2, and insert the following:
“(2) Monthly reports from secretary of homeland security.--To assist in the publication of data under paragraph (1), the Secretary of Transportation may request the Secretary of Homeland Security to periodically report on the number of complaints about security screening received by the Secretary of Homeland Security.”.
Page 58, after line 24, insert the following:
(e) Eligibility of Airport Ground Access Transportation Projects.--Not later than 60 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code.
Page 61, line 17, strike “Section 41106(b) is amended” and all that follows through “following” on line 18 and insert the following:
Subsections (a)(1), (b), and (c) of section 41106 are each amended--
(1) by striking “through a contract for airlift service” and inserting
Page 61, line 20, strike the period and insert “; and”.
Page 61, after line 20, insert the following:
(2) by inserting “through a contract for airlift service” after “obtained”.
Page 62, strike lines 4 through 6 and insert the following:
(2) in subsections (b)(3)(A) and (b)(3)(B) by inserting “over a national park” after “operations”;
Page 62, after line 6, insert the following (and redesignate subsequent paragraphs in section 409(a) of the bill accordingly):
(3) in subsection (b)(3)(C) by inserting “over a national park that are also” after “operations”;
Page 63, line 14, after the period insert the following:
Commercial Special Flight Rules Area operations in the Dragon and Zuni Point corridors of the Grand Canyon National Park may not take place during the period beginning 1 hour before sunset and ending 1 hour after sunrise.
Page 71, line 13, strike “six” and insert “without regard to the criteria contained in subsection (b)(1), six”.
Page 72, strike line 24 and all that follows through page 73, line 11, and insert the following:
(f) Commuters Defined.--
(1) In general.--Section 41718 is amended by adding at the end the following:
“(f) Commuters Defined.--For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of Federal Regulations, the term ‘commuters' means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less.”.
(2) Regulations.--The Administrator of the Federal Aviation Administration shall revise regulations to take into account the amendment made by paragraph (1).
Page 75, line 22, after “pay” insert “from local sources other than airport revenues”.
Page 75, line 25, after “2008” insert “and each fiscal year thereafter”.
Page 76, after line 24, insert the following:
(4) Adjustments.--Section 41737 is amended by adding at the end the following:
“(e) Adjustments To Account for Significantly Increased Costs.--
“(1) In general.--If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.
“(2) Significantly increased costs defined.--In this subsection, the term ‘significantly increased costs' means an average monthly cost increase of 10 percent or more.”.
Page 78, line 20, before the comma insert the following: or requirements contained in a subsequent appropriations Act
Page 78, after line 23, insert the following (and redesignate subsequent subsections in section 415 of the bill accordingly):
(e) Exemption From Hold-In Requirements.--Section 41734 is further amended by adding at the end the following:
“(j) Exemption From Hold-In Requirements.--If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible place that is not receiving essential air service as a result of the failure of the eligible place to meet requirements contained in an appropriations Act, the air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to such air transportation.”.
Page 83, line 21, strike “3 years” and insert “4 years”.
Page 88, strike lines 11 through 13 and insert the following:
“(1) Make available.--The term ‘make available' means providing at a fair and reasonable price. Such price may include recurring and non-recurring costs associated with post-certification development, preparation, and distribution. Such price may not include the initial product development costs related to the issuance of a design approval.
Page 88, strike line 20 and all that follows through page 89, line 6, and insert the following:
“(3) Instructions for continued airworthiness.--The term ‘instructions for continued airworthiness' means any information (and any changes to such information) considered essential to continued airworthiness that sets forth instructions and requirements for performing maintenance and alteration.
Page 89, strike line 19 and all that follows through page 90, line 15, and insert the following:
“(3) To determine if design approval holders for aircraft, aircraft engines, and propellers that are in production on the date of enactment of this section and for which application for a type certificate or supplemental type certificate was made before January 29, 1981, should be required to make instructions for continued airworthiness or maintenance manuals available (including any changes thereto) to any person required by Federal Aviation Administration rules to comply with any of the terms of the instructions or manuals.
Page 90, line 16, strike “(6)” and insert “(4)”.
Page 90, after line 17, insert the following:
“(d) Deadlines for Rulemaking.--
“(1) Notice of proposed rulemaking.--The Administrator shall issue a notice of proposed rulemaking to carry out subsection (c) not later than one year after the date of enactment of this section.
“(2) Final rule.--The Administrator shall issue a final rule with respect to subsection (c) not later than one year after the final date for the submission of comments with respect to the proposed rulemaking.
“(e) Enforcement of Current Regulation.--The Administrator shall review design approval holders that were required to produce instructions for continued airworthiness under section 21.50(b) of title 14, Code of Federal Regulations. If the Administrator determines that a design approval holder has not produced such instructions, the Administrator shall require the design approval holder to prepare such instructions and make them available as required by this section not later than 1 year after the design approval holder is notified by the Administrator of the determination.
Page 90, line 18, strike “(d)” and insert “(f)”.
Page 95, before line 1, insert the following:
(c) Review.--The first sentence of section 46110(a) is amended by striking “part” and inserting “subtitle”.
Page 96, line 22, strike “air carrier” and insert “employer”.
Page 112, strike lines 4 through 6 and insert the following:
(b) Limitation.--Subsection (a) shall not apply to a Federal Aviation Administration air traffic control tower operated under the contract tower program on the date of enactment of this Act or to any expansion of that program under section 47124(b)(3) or 47124(b)(4) of title 49, United States Code.
Page 113, line 21, after “Transportation” insert “, in consultation with the Secretary of Defense,”.
Page 113, lines 24 and 25, strike “9 months after the date of enactment of this Act” and insert “September 30, 2004”.
Page 118, after line 13, insert the following:
(c) Description of Changes to Improve Operations.--A report transmitted by the Administrator under this section shall include a description of any changes in procedures or requirements that could improve operational efficiency or minimize operational impacts of the ADIZ on pilots and controllers. This portion of the report may be transmitted in classified or unclassified form.
Page 118, line 14, strike “(c)” and insert “(d)”.
Page 120, after line 5, insert the following (and conform the table of contents of the bill accordingly):
SEC. 443. CHARTER AIRLINES.
(a) In General.--Section 41104(b)(1) is amended--
(1) by striking “paragraph (3)” and inserting “paragraphs (3) and (4)”;
(2) by inserting a comma after “regularly scheduled charter air transportation”; and
(3) by striking “flight unless such air transportation” and all that follows through the period at the end and inserting the following: “flight, to or from an airport that--
“(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or
“(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport--
“(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and
“(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.”.
(b) Waivers.--Section 41104(b) is amended by adding at the end the following:
“(4) Waivers.--The Secretary may waive the application of paragraph (1)(B) in cases in which the Secretary determines that the public interest so requires.”.
SEC. 444. IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS.
Not later than July 1, 2004, the Secretary of Transportation shall issue regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.
SEC. 445. CREW TRAINING.
Section 44918 is amended to read as follows:
“Sec. 44918. Crew training
“(a) Basic Security Training.--
“(1) In general.--Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to prepare the crew members for potential threat conditions.
“(2) Program elements.--An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:
“(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
“(B) Crew communication and coordination.
“(C) The proper commands to give passengers and attackers.
“(D) Appropriate responses to defend oneself.
“(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Under Secretary for Border and Transportation Security of the Department of Homeland Security).
“(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.
“(G) Situational training exercises regarding various threat conditions.
“(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
“(I) The proper conduct of a cabin search.
“(J) Any other subject matter considered appropriate by the Under Secretary.
“(3) Approval.--An air carrier training program under this subsection shall be subject to approval by the Under Secretary.
“(4) Minimum standards.--Not later than one year after the date of enactment of the Flight 100--Century of Aviation Reauthorization Act, the Under Secretary shall establish minimum standards for the training provided under this subsection and for recurrent training.
“(5) Existing programs.--Notwithstanding paragraph (3), any training program of an air carrier to prepare flight and cabin crew members for potential threat conditions that was approved by the Administrator or the Under Secretary before the date of enactment of the Flight 100--Century of Aviation Reauthorization Act may continue in effect until disapproved or ordered modified by the Under Secretary.
“(6) Monitoring.--The Under Secretary, in consultation with the Administrator, shall monitor air carrier training programs under this subsection and periodically shall review an air carrier's training program to ensure that the program is adequately preparing crew members for potential threat conditions. In determining when an air carrier's training program should be reviewed under this paragraph, the Under Secretary shall consider complaints from crew members. The Under Secretary shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge.
“(7) Updates.--The Under Secretary, in consultation with the Administrator, shall order air carriers to modify training programs under this subsection to reflect new or different security threats.
“(b) Advanced Self Defense Training.--
“(1) In general.--Not later than one year after the date of enactment of the Flight 100--Century of Aviation Reauthorization Act, the Under Secretary shall develop and provide a voluntary training program for flight and cabin crew members of air carriers providing scheduled passenger air transportation.
“(2) Program elements.--The training program under this subsection shall include both classroom and effective hands-on training in the following elements of self-defense:
“(A) Deterring a passenger who might present a threat.
“(B) Advanced control, striking, and restraint techniques.
“(C) Training to defend oneself against edged or contact weapons.
“(D) Methods to subdue and restrain an attacker.
“(E) Use of available items aboard the aircraft for self-defense.
“(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.
“(G) Explosive device recognition.
“(H) Any other element of training that the Under Secretary considers appropriate.
“(3) Participation not required.--A crew member shall not be required to participate in the training program under this subsection.
“(4) Compensation.--Neither the Federal Government nor an air carrier shall be required to compensate a crew member for participating in the training program under this subsection.
“(5) Fees.--A crew member shall not be required to pay a fee for the training program under this subsection.
“(6) Consultation.--In developing the training program under this subsection, the Under Secretary shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal Air Marshals Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.
“(7) Designation of tsa official.--The Under Secretary shall designate an official in the Transportation Security Administration to be responsible for implementing the training program under this subsection. The official shall consult with air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.
“(c) Limitation.--Actions by crew members under this section shall be subject to the provisions of section 44903(k).”.
SEC. 446. REVIEW OF COMPENSATION CRITERIA.
Not later than 6 months after the date of enactment of this Act, the Comptroller General shall review the criteria used by the Air Transportation Stabilization Board to compensate air carriers following the terrorist attack of September 11, 2001, with a particular focus on whether it is appropriate to compensate air carriers for the decrease in value of their aircraft after September 11th.
SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPERATIONS IN ALASKA.
Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall report to Congress on whether, in light of the demands of business within Alaska, it would be appropriate to permit an aircraft to be operated under part 91 of title 14, Code of Federal Regulations, where common carriage is not involved but (1) the operator of the aircraft organizes an entity where the only purpose of such entity is to provide transportation by air of persons and property to related business entities, individuals, and employees of such entities, and (2) the charge for such transportation does not to exceed the cost of owning, operating, and maintaining the aircraft.
Page 122, lines 21 and 22, strike “or 47114(d)(3)(A)” and insert “, 47114(d)(3)(A), or 47114(e)”.
Page 124, strike lines 6 through 14 and insert the following:
Section 47107(c)(2)(A)(iii) is amended by inserting before the semicolon at the end the following: “, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program”.
Page 127, line 24, after “2002” insert “or 2003”.
Page 132, after line 8, insert the following (and redesignate subsequent subsections of section 513 of the bill accordingly):
(a) Period of Availability.--Section 47117(b) is amended by striking “primary airport” and all that follows through “calendar year” and inserting “nonhub airport or any airport that is not a commercial service airport”.
Page 133, line 13, insert “(a) Increased Funding Levels.--” before “Subsections”.
Page 133, after line 15, insert the following:
(b) Reimbursement for Certain Construction Costs.--Section 47118(f) is amended--
(1) by striking “Not more than” and inserting the following:
“(1) Construction.--Not more than”; and
(2) by adding at the end the following:
“(2) Reimbursement.--Upon approval of the Secretary, the sponsor of a current or former military airport the Secretary designates under this section may use an amount apportioned under section 47114, or made available under section 47119(b), to the airport for reimbursement of costs incurred by the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in paragraph (1).”.
Page 138, line 21, strike “10” and insert “12”.
Page 138, line 23, strike “Such projects” and all that follows through the first period on line 24 and insert the following:
A project using an innovative financing technique described in subsection (c)(2)(A) or (c)(2)(B) shall be located at an airport that is not a medium or large hub airport. A project using the innovative financing technique described in subsection (c)(2)(C) shall be located at an airport that is a medium or large hub airport.
Page 139, line 3, strike “and” the second place it appears.
Page 139, line 5, strike the period at the end and insert a semicolon.
Page 139, after line 5, insert the following:
(3) in subparagraph (A) (as so redesignated) by striking “and” at the end;
(4) in subparagraph (B) (as so redesignated) by striking the period at the end and inserting “; and”; and
(5) by adding at the end the following:
“(C) payment of interest on indebtedness incurred to carry out a project for airport development.”.
At the end of title V of the bill on page 152, add the following (and conform the table of contents of the bill accordingly):
SEC. 525. INTERMODAL PLANNING.
Section 47106(c)(1)(A) is amended--
(1) by striking “and” at the end of clause (i);
(2) by adding “and” at the end of clause (ii); and
(3) by adding at the end the following:
“(iii) with respect to an airport development project involving the location of an airport or runway or major runway extension at a medium or large hub airport, the airport sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted;”.
SEC. 526. STATUS REVIEW OF MARSHALL ISLANDS AIRPORT.
Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall review the status of the airport on the Marshall Islands and report to Congress on whether it is appropriate and necessary for that airport to receive grants under the airport improvement program.
Legislative Activity
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House amendment offered
June 11, 2003
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House amendment offered
June 11, 2003
House amendment agreed to: On agreeing to the Mica amendment (A003) Agreed to by voice vote.
June 11, 2003 • 3:13 PM
Amendment agreed to Committee of the Whole
June 11, 2003 • 3:13 PM
House amendment offered/reported by : Amendment (A003) offered by Mr. Mica.(consideration: CR H5227-5231; text: CR H5227-5229)
June 11, 2003 • 3:00 PM
Amendment (A003) offered by Mr. Mica. (consideration: CR H5227-5231; text: CR H5227-5229)
June 11, 2003 • 3:00 PM
On agreeing to the Mica amendment (A003) Agreed to by voice vote.
June 11, 2003 • 3:13 PM