Selected provisions of title 49, United States Code: Subtitle I-Department of Transportation Part A-Air Commerce and Safety Part B-Airport Development and Noise INTRODUCTORY NOTE The Committee on Transportation and Infrastructure is pleased to publish the latest version of the Compilation of Selected Aviation Laws. The compilation was first published in 1983 and has been revised periodically since then. The last revision was published in April 2001. The laws included in this compilation reflect the variety of issues with which the Committee has dealt since receiving jurisdiction over civil aviation in 1975. While most of the economic aspects of the airline industry were deregulated in 1978, safety, security, and capacity enhancement continue to be important issues for the Committee and its Aviation Subcommittee. The United States has achieved a remarkably safe system. The laws contained in this compilation are designed to ensure that that safety record is maintained and that airport and airway capacity keeps pace with the increasing demand for air travel. This compilation includes all the significant changes to aviation laws since the last one was published. It incorporates changes made in the 107th Congress ending in December 2002. It also includes changes to aviation laws made by the Omnibus Appropriations Act, which was actually not enacted until February 2003. The pivotal event during this period was the terrorist attack of September 11, 2001. This led to passage of legislation to stabilize the airline industry, improve aviation security, and create a Department of Homeland Security. The relevant provisions of those laws are all encompassed by this compilation. During the 107th Congress, the Aviation Subcommittee under the leadership of Chairman John L. Mica and ranking Democratic member William O. Lipinski held 26 hearings on the following topics: • The Federal Aviation Administration's Efforts to Mod- • FAA's Capacity Benchmarks. April 25, 2001. Publication • H.R. 1407, Airline Delay Reduction Act. April 26, 2001. • Congestion in the United States Transportation System. • STARS Deployment Update and Review of Operational • Airline Customer Service Commitments: Status Report. • Runway Incursions, Focusing on the Technology to Pre- (v) GAO Report on FAA Rulemaking. July 11, 2001. Publi- • Air Traffic Congestion at LaGuardia Airport (field hear- Competitiveness of the U.S. Aircraft Manufacturing In- • H.R. 2107, to Preempt State Law Requiring Approval of Update on the Status of the STARS Program. September • Aviation Security. September 21 and 25, 2001. Publica- • Deployment and Use of Security Technology. October 11, • Restrictions on General Aviation Flying in Class B Air- • Checked Baggage Screening Systems. December 7, 2001. • Aviation and Transportation Security Act: 60 Day Dead- • Aviation Security with a Focus on Passenger Profiling. • H.R. 3479, to Expand Aviation Capacity in the Chicago • Reauthorization of the National Transportation Safety • Adequacy of FAA's Oversight of Passenger Aircraft • Arming Flight Crews Against Terrorist Attacks. May 2, • Ways to Improve FAA's Organizational Structure. July • Aviation Security. July 23, 2002. Publication 107-91. • Financial Condition of the Airline Industry. Sept 24, As a result of these hearings, action was taken on the following bills during the 107th Congress: ♦ H.R. 1407 (Young) to permit airlines to meet and dis- ♦ H.R. 1979 (Wicker) to allow small airports to use Air- proved it on April 24, 2002 (House Report 107-496). On June 20, 2002, the House approved the bill by a vote of 284 to 143. The legislation was enacted by section 370 of the Consolidated Appropriations Resolution, 2003. ♦ H.R. 2926/S. 1450, the Air Transportation Safety and System Stabilization Act. This bill passed the House by a vote of 356 to 54 on September 21, 2001 and was signed by the President the next day (Public Law 10742, 115 Stat. 230) ♦ H.R. 3150/S. 1447 to improve aviation security. This bill passed the House on November 1, 2001 by a vote of 286 to 139. The Conference Report (House Report 107-296) passed the House on November 16, 2001 by a vote of 410 to 9. This bill created the Transportation Security Administration within the Department of Transportation and federalized security at airports. The Aviation and Transportation Security Act was signed by the President on November 19, 2001 (Public Law 107-71, 115 Stat. 597) ♦ H.R. 3447 (Mica) to provide economic relief to the general aviation industry. The Subcommittee approved this bill on December 13, 2001 and the Committee approved it on February 27, 2002 (House Report 107-406). No further action was taken. H.R. 3479 (Lipinski) to expand capacity at Chicago's O'Hare airport. The Committee approved this bill on June 26, 2002 (House Report 107-568). On July 15, 2002, the bill failed to pass the House under the suspension of the rules procedure, where a two-thirds vote is required, by a vote of 247 to 143. Subsequently, on July 23, 2002, the bill did pass the House by a vote of 343 to 87. No action was taken in the Senate. ♦ H.R. 4466 (Young) to reauthorize the National Transportation Safety Board. The Subcommittee approved this bill on April 18, 2002 and the Committee approved it on April 24, 2002 (House Report 107-470). The bill passed the House by voice vote on June 4, 2002. Action in the Senate came too late to resolve differences between the two versions before the Congressional session ended. ♦ H.R. 4481 (Young) to streamline airport construction projects. The Committee approved the bill on April 24, 2002 (House Report 107-531). The bill passed the House on July 9, 2002 by voice vote and passed the House again as Title II of H.R. 3479 described above. No action on it was taken in the Senate. ♦ H.R. 4635 (Young) to allow pilots to carry guns in the cockpit. The Subcommittee approved the bill on June 19, 2002 and the Committee approved it on June 26, 2002 (House Report 107-555). The bill passed the House on July 10, 2002 by a vote of 310 to 113 after adopting a DeFazio amendment to remove the 2% cap on the number of pilots who could be armed. The legislation was enacted by Title 14 of The Homeland Security Act (Public Law 107-296, November 25, 2002, 116 Stat. 2300). |