[104th Congress Public Law 264]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ264.104]
[[Page 110 STAT. 3213]]
Public Law 104-264
104th Congress
An Act
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes. <<NOTE: Oct. 9,
1996 - [H.R. 3539]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Federal Aviation
Reauthorization Act of 1996.>>
SECTION 1. <<NOTE: 49 USC 40101 note.>> SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Aviation
Reauthorization Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Reauthorization of FAA Programs
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Subtitle B--Airport Development Financing
Sec. 121. Apportionments.
Sec. 122. Discretionary fund.
Sec. 123. Use of apportioned amounts.
Sec. 124. Designating current and former military airports.
Sec. 125. Period of applicability of amendments.
Subtitle C--Airport Improvement Program Modifications
Sec. 141. Intermodal planning.
Sec. 142. Pavement maintenance program.
Sec. 143. Access to airports by intercity buses.
Sec. 144. Cost reimbursement for projects commenced prior to grant
award.
Sec. 145. Selection of projects for grants from discretionary fund.
Sec. 146. Small airport fund.
Sec. 147. State block grant program.
Sec. 148. Innovative financing techniques.
Sec. 149. Pilot program on private ownership of airports.
TITLE II--FAA REFORM
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Effective date.
Subtitle A--General Provisions
Sec. 221. Findings.
Sec. 222. Purposes.
Sec. 223. Regulation of civilian air transportation and related services
by the
Federal Aviation Administration and Department of
Transportation.
Sec. 224. Regulations.
Sec. 225. Personnel and services.
Sec. 226. Contracts.
[[Page 110 STAT. 3214]]
Sec. 227. Facilities.
Sec. 228. Property.
Sec. 229. Transfers of funds from other Federal agencies.
Sec. 230. Management Advisory Council.
Subtitle B--Federal Aviation Administration Streamlining Programs
Sec. 251. Review of acquisition management system.
Sec. 252. Air traffic control modernization reviews.
Sec. 253. Federal Aviation Administration personnel management system.
Sec. 254. Conforming amendment.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
Sec. 271. Findings.
Sec. 272. Purposes.
Sec. 273. User fees for various Federal Aviation Administration
services.
Sec. 274. Independent assessment of FAA financial requirements;
establishment of National Civil Aviation Review Commission.
Sec. 275. Procedure for consideration of certain funding proposals.
Sec. 276. Administrative provisions.
Sec. 277. Advance appropriations for Airport and Airway Trust Fund
activities.
Sec. 278. Rural Air Service Survival Act.
TITLE III--AVIATION SECURITY
Sec. 301. Report including proposed legislation on funding for airport
security.
Sec. 302. Certification of screening companies.
Sec. 303. Weapons and explosive detection study.
Sec. 304. Requirement for criminal history records checks.
Sec. 305. Interim deployment of commercially available explosive
detection equipment.
Sec. 306. Audit of performance of background checks for certain
personnel.
Sec. 307. Passenger profiling.
Sec. 308. Authority to use certain funds for airport security programs
and
activities.
Sec. 309. Development of aviation security liaison agreement.
Sec. 310. Regular joint threat assessments.
Sec. 311. Baggage match report.
Sec. 312. Enhanced security programs.
Sec. 313. Report on air cargo.
Sec. 314. Sense of the Senate regarding acts of international terrorism.
TITLE IV--AVIATION SAFETY
Sec. 401. Elimination of dual mandate.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Supplemental type certificates.
Sec. 404. Certification of small airports.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Aircraft engine standards.
Sec. 407. Accident and safety data classification; report on effects of
publication and automated surveillance targeting systems.
TITLE V--PILOT RECORD SHARING
Sec. 501. Short title.
Sec. 502. Employment investigations of pilot applicants.
Sec. 503. Studies of minimum standards for pilot qualifications and of
pay for training.
Sec. 504. Study of minimum flight time.
TITLE VI--CHILD PILOT SAFETY
Sec. 601. Short title.
Sec. 602. Child pilot safety.
TITLE VII--FAMILY ASSISTANCE
Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to families
of
passengers involved in aircraft accidents.
Sec. 703. Air carrier plans to address needs of families of passengers
involved in aircraft accidents.
Sec. 704. Establishment of task force.
Sec. 705. Limitation on statutory construction.
TITLE VIII--AIRPORT REVENUE PROTECTION
Sec. 801. Short title.
[[Page 110 STAT. 3215]]
Sec. 802. Findings; purpose.
Sec. 803. Definitions.
Sec. 804. Restriction on use of airport revenues.
Sec. 805. Regulations; audits and accountability.
Sec. 806. Conforming amendments to the Internal Revenue Code of 1986.
TITLE IX--METROPOLITAN WASHINGTON AIRPORTS
Sec. 901. Short title.
Sec. 902. Use of leased property.
Sec. 903. Board of Directors.
Sec. 904. Termination of Board of Review.
Sec. 905. Limitations.
Sec. 906. Use of Dulles Airport Access Highway.
Sec. 907. Effect of judicial order.
Sec. 908. Amendment of lease.
Sec. 909. Sense of the Senate.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
Sec. 1001. Extension of Airport and Airway Trust Fund expenditures.
TITLE XI--FAA RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Authorization of appropriations.
Sec. 1103. Research priorities.
Sec. 1104. Research advisory committee.
Sec. 1105. National aviation research plan.
TITLE XII--MISCELLANEOUS PROVISIONS
Sec. 1201. Purchase of housing units.
Sec. 1202. Clarification of passenger facility revenues as constituting
trust funds.
Sec. 1203. Authority to close airport located near closed or realigned
military base.
Sec. 1204. Gadsden Air Depot, Alabama.
Sec. 1205. Regulations affecting intrastate aviation in Alaska.
Sec. 1206. Westchester County Airport, New York.
Sec. 1207. Bedford Airport, Pennsylvania.
Sec. 1208. Worcester Municipal Airport, Massachusetts.
Sec. 1209. Central Florida Airport, Sanford, Florida.
Sec. 1210. Aircraft Noise Ombudsman.
Sec. 1211. Special rule for privately owned reliever airports.
Sec. 1212. Sense of the Senate regarding the funding of the Federal
Aviation
Administration.
Sec. 1213. Rural air fare study.
Sec. 1214. Carriage of candidates in State and local elections.
Sec. 1215. Special flight rules in the vicinity of Grand Canyon National
Park.
Sec. 1216. Transfer of air traffic control tower; closing of flight
service stations.
Sec. 1217. Location of Doppler radar stations, New York.
Sec. 1218. Train whistle requirements.
Sec. 1219. Increased fees.
Sec. 1220. Structures interfering with air commerce.
Sec. 1221. Hawaii cargo.
Sec. 1222. Limitation on authority of States to regulate gambling
devices on vessels.
Sec. 1223. Clarifying amendment.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. <<NOTE: 49 USC 106 note.>> APPLICABILITY.
(a) In General.--Except as otherwise specifically provided, this Act
and the amendments made by this Act apply only to fiscal years beginning
after September 30, 1996.
(b) Limitation on Statutory Construction.--Nothing in this Act or
any amendment made by this Act shall be construed as
[[Page 110 STAT. 3216]]
affecting funds made available for a fiscal year ending before October
1, 1996.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Reauthorization of FAA Programs
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended--
(1) by striking ``September 30, 1981'' and inserting
``September 30, 1996''; and
(2) by striking ``$17,583,500,000'' and all that follows
through the period at the end and inserting the following:
``$2,280,000,000 for fiscal years ending before October 1, 1997,
and $4,627,000,000 for fiscal years ending before October 1,
1998.''.
(b) Obligational Authority.--Section 47104(c) is amended by striking
``1996'' and inserting ``1998''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48101(a) is amended by
striking paragraphs (1) through (4) and inserting the following:
``(1) $2,068,000,000 for fiscal year 1997.
``(2) $2,129,000,000 for fiscal year 1998.''.
(b) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48101 and inserting
the following:
``Sec. 48101. Air navigation facilities and equipment''; and
(2) in the table of sections by striking the item relating
to section 48101 and inserting the following:
``48101. Air navigation facilities and equipment.''.
SEC. 103. FAA OPERATIONS.
(a) Authorization of Appropriations From General Fund.--Section
106(k) is amended by striking ``$4,088,000,000'' and all that follows
through the period at the end and inserting the following:
``$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year
1998.''.
(b) Authorization of Appropriations From Trust Fund.--Section
48104(c) is amended--
(1) in the subsection heading by striking ``1996'' and
inserting ``1998'';
(2) in the matter preceding paragraph (1) by striking
``1994, 1995, and 1996'' and inserting ``1994 through 1998'';
and
(3) in paragraph (2)(A) by striking ``70 percent'' and
inserting ``72.5 percent''.
(c) Limitation on Obligating or Expending Amounts.--Section 48108(c)
is amended by striking ``1996'' and inserting ``1998''.
(d) Clerical Amendments.--Chapter 481 is amended--
[[Page 110 STAT. 3217]]
(1) by striking the heading for section 48104 and inserting
the following:
``Sec. 48104. Operations and maintenance''; and
(2) in the table of sections by striking the item relating
to section 48104 and inserting the following:
``48104. Operations and maintenance.''.
Subtitle B--Airport Development Financing
SEC. 121. APPORTIONMENTS.
(a) Amounts Apportioned to Sponsors.--
(1) Primary airports.--Section 47114(c)(1)(A) is
amended--
(A) by striking ``and'' at the end of clause (iii);
(B) in clause (iv) by striking ``additional
passenger boarding'' and inserting ``of the next 500,000
passenger boardings'';
(C) by striking the period at the end of clause (iv)
and inserting ``; and''; and
(D) by adding at the end the following:
``(v) $.50 for each additional passenger boarding at the
airport during the prior calendar year.''.
(2) Cargo only airports.--Section 47114(c)(2) of such title
is amended to read as follows:
``(2) Cargo only airports.--
``(A) Apportionment.--Subject to subparagraph (D),
the Secretary shall apportion an amount equal to 2.5
percent of the amount subject to apportionment each
fiscal year to the sponsors of airports served by
aircraft providing air transportation of only cargo with
a total annual landed weight of more than 100,000,000
pounds.
``(B) Suballocation formula.--Any funds apportioned
under subparagraph (A) to sponsors of airports described
in subparagraph (A) shall be allocated among those
airports in the proportion that the total annual landed
weight of aircraft described in subparagraph (A) landing
at each of those airports bears to the total annual
landed weight of those aircraft landing at all those
airports.
``(C) Limitation.--Not more than 8 percent of the
amount apportioned under subparagraph (A) may be
apportioned for any one airport.
``(D) Distribution to other airports.--Before
apportioning amounts to the sponsors of airports under
subparagraph (A) for a fiscal year, the Secretary may
set-aside a portion of such amounts for distribution to
the sponsors of other airports, selected by the
Secretary, that the Secretary finds will be served
primarily by aircraft providing air transportation of
only cargo.
``(E) Determination of landed weight.--Landed weight
under this paragraph is the landed weight of aircraft
landing at each airport described in subparagraph (A)
during the prior calendar year.''.
(3) Repeal of limitation.--Section 47114(c)(3) is repealed.
[[Page 110 STAT. 3218]]
(b) Amounts Apportioned to States.--Section 47114(d)(2) of such
title is amended--
(1) by striking ``12'' and inserting ``18.5'';
(2) in subparagraph (A) by striking ``one'' and inserting
``0.66'';
(3) in each of subparagraphs (B) and (C) by striking
``49.5'' and inserting ``49.67''; and
(4) in each of subparagraphs (B) and (C) by striking
``except'' the second place it appears and all that follows
through ``title,'' and inserting ``excluding primary airports
but including reliever and nonprimary commercial service
airports,''.
SEC. 122. DISCRETIONARY FUND.
Section 47115 is amended by striking the second subsection (f),
relating to minimum amounts to be credited, and inserting the following:
``(g) Minimum Amount To Be Credited.--
``(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available under
section 48103 of this title, an amount that is at least equal to
the sum of--
``(A) $148,000,000; plus
``(B) the total amount required from the fund to
carry out in the fiscal year letters of intent issued
before January 1, 1996, under section 47110(e) of this
title or the Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been
apportioned in a prior fiscal year under section 47114 of this
title and that remain available for obligation.
``(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less than the
minimum amount to be credited under paragraph (1), the total
amount calculated under paragraph (3) shall be reduced by an
amount that, when credited to the fund, together with the amount
credited under subsection (a), equals such minimum amount.
``(3) Amount of reduction.--For a fiscal year, the total
amount available to make a reduction to carry out paragraph (2)
is the total of the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this
title. Each amount shall be reduced by an equal percentage to
achieve the reduction.
``(4) Special rule.--For a fiscal year in which the amount
credited to the fund under this subsection exceeds $300,000,000,
the Secretary shall allocate the amount of such excess as
follows:
``(A) \1/3\ shall be made available to airports for
which apportionments are made under section 47114(d) of
this title.
``(B) \1/3\ shall be made available for airport
noise compatibility planning under section 47505(a)(2)
of this title and for carrying out noise compatibility
programs under section 47504(c)(1) of this title.
``(C) \1/3\ shall be made available to current or
former military airports for which grants may be made
under section 47117(e)(1)(B) of this title.''.
[[Page 110 STAT. 3219]]
SEC. 123. USE OF APPORTIONED AMOUNTS.
(a) Period of Availability.--Section 47117(b) is amended by
inserting before the period at the end of the first sentence the
following: ``or the 3 fiscal years immediately following that year in
the case of a primary airport that had less than .05 percent of the
total boardings in the United States in the preceding calendar year''.
(b) Special Apportionment Categories.--Section 47117(e)(1) is
amended--
(1) by striking ``made available under section 48103'' and
inserting ``available to the discretionary fund under section
47115'';
(2) by striking subparagraphs (A), (C), and (D);
(3) by redesignating subparagraphs (B) and (E) as
subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by striking
``at least 12.5'' and inserting ``At least 31'';
(5) by adding at the end of subparagraph (A), as so
redesignated, the following: ``The Secretary may count the
amount of grants made for such planning and programs with funds
apportioned under section 47114 in that fiscal year in
determining whether or not such 31 percent requirement is being
met in that fiscal year.'';
(6) in subparagraph (B), as so redesignated, by striking
``at least 2.25'' and all that follows through ``1996,'' and
inserting ``At least 4 percent for each fiscal year
thereafter''; and
(7) by inserting before the period at the end of
subparagraph (B), as so redesignated, the following: ``and to
sponsors of noncommercial service airports for grants for
operational and maintenance expenses at any such airport if the
amount of such grants to the sponsor of the airport does not
exceed $30,000 in that fiscal year, if the Secretary determines
that the airport is adversely affected by the closure or
realignment of a military base, and if the sponsor of the
airport certifies that the airport would otherwise close if the
airport does not receive the grant''.
(c) Conforming Amendments.--Section 47117(e) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 124. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) General Requirements.--Section 47118(a) is amended to read as
follows:
``(a) General Requirements.--The Secretary of Transportation shall
designate current or former military airports for which grants may be
made under section 47117(e)(1)(B) of this title. The maximum number of
airports bearing such designation at any time is 12. The Secretary may
only so designate an airport (other than an airport so designated before
August 24, 1994) if--
``(1) the airport is a former military installation closed
or realigned under--
``(A) section 2687 of title 10;
``(B) section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note); or
``(C) section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note); or
[[Page 110 STAT. 3220]]
``(2) the Secretary finds that such grants would--
``(A) reduce delays at an airport with more than
20,000 hours of annual delays in commercial passenger
aircraft takeoffs and landings; or
``(B) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight delays.''.
(b) Additional Designation Periods.--Section 47118(d) is amended by
striking ``designation.'' and inserting ``designation, and for
subsequent 5-fiscal-year periods if the Secretary determines that the
airport satisfies the designation criteria under subsection (a) at the
beginning of each such subsequent 5-fiscal-year period.''.
(c) Parking Lots, Fuel Farms, Utilities, and Hangars.--Section
47118(f) is amended--
(1) in the heading by striking ``and Utilities'' and
inserting ``Utilities, and Hangars'';
(2) by striking ``for the fiscal years ending September 30,
1993-1996,'' and inserting ``for fiscal years beginning after
September 30, 1992,''; and
(3) by striking ``and utilities'' and inserting ``utilities,
and hangars''.
(d) 2-Year Extension.--Section 47117(e)(1)(B), as redesignated by
section 123(b) of this Act, is amended by striking ``and 1996,'' and
inserting ``1996, 1997, and 1998''.
SEC. 125. <<NOTE: 49 USC 47114 note.>> PERIOD OF APPLICABILITY OF
AMENDMENTS.
The amendments made by this subtitle shall cease to be effective on
September 30, 1998. On and after such date, sections 47114, 47115,
47117, and 47118 of title 49, United States Code, shall read as if such
amendments had not been enacted.
Subtitle C--Airport Improvement Program Modifications
SEC. 141. INTERMODAL PLANNING.
Section 47101(g) is amended to read as follows:
``(g) Intermodal Planning.--To carry out the policy of subsection
(a)(5) of this section, the Secretary of Transportation shall take each
of the following actions:
``(1) Coordination in development of airport plans and
programs.--Cooperate with State and local officials in
developing airport plans and programs that are based on overall
transportation needs. The airport plans and programs shall be
developed in coordination with other transportation planning and
considering comprehensive long-range land-use plans and overall
social, economic, environmental, system performance, and energy
conservation objectives. The process of developing airport plans
and programs shall be continuing, cooperative, and comprehensive
to the degree appropriate to the complexity of the
transportation problems.
``(2) Goals for airport master and system plans.--Encourage
airport sponsors and State and local officials to develop
airport master plans and airport system plans that--
``(A) foster effective coordination between aviation
planning and metropolitan planning;
[[Page 110 STAT. 3221]]
``(B) include an evaluation of aviation needs within
the context of multimodal planning; and
``(C) are integrated with metropolitan plans to
ensure that airport development proposals include
adequate consideration of land use and ground
transportation access.
``(3) Representation of airport operators on mpo's.--
Encourage metropolitan planning organizations, particularly in
areas with populations greater than 200,000, to establish
membership positions for airport operators.''.
SEC. 142. PAVEMENT MAINTENANCE PROGRAM.
(a) Pavement Maintenance.--Subchapter I of chapter 471 is amended by
adding at the end the following:
``Sec. 47132. Pavement maintenance
``(a) In General.--The Administrator of the Federal Aviation
Administration shall issue guidelines to carry out a pavement
maintenance pilot project to preserve and extend the useful life of
runways, taxiways, and aprons at airports for which apportionments are
made under section 47114(d). The guidelines shall provide that the
Administrator may designate not more than 10 projects. The guidelines
shall provide criteria for the Administrator to use in choosing the
projects. At least 2 such projects must be in States without a primary
airport that had 0.25 percent or more of the total boardings in the
United States in the preceding calendar year. In designating a project,
the Administrator shall take into consideration geographical,
climatological, and soil diversity.
``(b) Effective Date.--This section shall be effective beginning on
the date of the enactment of this section and ending on September 30,
1999.''.
(b) Compliance With Federal Mandates.--
(1) Use of aip grants.--Section 47102(3) is amended--
(A) in subparagraph (E) by inserting ``or under
section 40117'' before the period at the end; and
(B) in subparagraph (F) by striking ``paid for by a
grant under this subchapter and''.
(2) Use of passenger facility charges.--Section 40117(a)(3)
is amended--
(A) by inserting ``and'' at the end of subparagraph
(D);
(B) by striking ``; and'' at the end of subparagraph
(E) and inserting a period; and
(C) by striking subparagraph (F).
(c) Conforming Amendment.--The table of sections for such subchapter
is amended by inserting after the item relating to section 47131 the
following:
``47132. Pavement maintenance.''.
SEC. 143. ACCESS TO AIRPORTS BY INTERCITY BUSES.
Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20) the airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of
transportation to have access to the airport, but the sponsor
[[Page 110 STAT. 3222]]
does not have any obligation under this paragraph, or because of
it, to fund special facilities for intercity bus service or for
other modes of transportation.''.
SEC. 144. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO GRANT
AWARD.
(a) Cost Reimbursement.--Section 47110(b)(2)(C) is amended to read
as follows:
``(C) if the Government's share is paid only with amounts
apportioned under paragraphs (1) and (2) of section 47114(c) of
this title and if the cost is incurred--
``(i) after September 30, 1996;
``(ii) before a grant agreement is executed for the
project; and
``(iii) in accordance with an airport layout plan
approved by the Secretary and with all statutory and
administrative requirements that would have been
applicable to the project if the project had been
carried out after the grant agreement had been
executed;''.
(b) Use of Discretionary Funds.--Section 47110 is amended by adding
at the end the following:
``(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall not receive
priority consideration with respect to the use of discretionary funds
made available under section 47115 of this title even if the amounts
made available under paragraphs (1) and (2) of section 47114(c) are not
sufficient to cover the Government's share of the cost of project.''.
SEC. 145. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY FUND.
(a) Selection of Projects for Grants.--Section 47115(d) is amended--
(1) by striking ``; and'' at the end of paragraph (2) and
inserting the following: ``, including, in the case of a project
at a reliever airport, the number of operations projected to be
diverted from a primary airport to the reliever airport as a
result of the project, as well as the cost savings projected to
be realized by users of the local airport system;'';
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) the airport improvement priorities of the States, and
regional offices of the Administration, to the extent such
priorities are not in conflict with paragraphs (1) and (2);
``(5) the projected growth in the number of passengers that
will be using the airport at which the project will be carried
out; and
``(6) any increase in the number of passenger boardings in
the preceding 12-month period at the airport at which the
project will be carried out, with priority consideration to be
given to projects at airports at which the number of passenger
boardings increased by at least 20 percent as compared to the
number of passenger boardings in the 12-month period preceding
such period.''.
(b) Priority for Letters of Intent.--Section 47115, as amended by
section 122 of this Act, is further amended by adding at the end the
following:
[[Page 110 STAT. 3223]]
``(h) Priority for Letters of Intent.--In making grants in a fiscal
year with funds made available under this section, the Secretary shall
fulfill intentions to obligate under section 47110(e).''.
SEC. 146. SMALL AIRPORT FUND.
Section 47116 is amended by adding at the end the following:
``(d) Priority Consideration for Certain Projects.--In making grants
to sponsors described in subsection (b)(2), the Secretary shall give
priority consideration to multi-year projects for construction of new
runways that the Secretary finds are cost beneficial and would increase
capacity in a region of the United States.''.
SEC. 147. STATE BLOCK GRANT PROGRAM.
(a) Participating States.--Section 47128 is amended--
(1) in subsection (a) by striking ``7 qualified States'' and
inserting ``8 qualified States for fiscal year 1997 and 9
qualified States for each fiscal year thereafter'';
(2) in subsection (b)(1)--
(A) by striking ``(1)''; and
(B) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively; and
(3) by striking subsection (b)(2).
(b) Use of State Priority System.--Section 47128(c) is amended--
(1) by striking ``(b)(1)(B) or (C)'' and inserting ``(b)(2)
or (b)(3)''; and
(2) by adding at the end the following: ``In carrying out
this subsection, the Secretary shall permit a State to use the
priority system of the State if such system is not inconsistent
with the national priority system.''.
(c) Repeal of Expiration Date.--
(1) In general.--Section 47128 is amended--
(A) by striking ``pilot'' in the section heading;
(B) by striking ``pilot'' in subsection (a); and
(C) by striking subsection (d).
(2) Conforming amendment.--The table of sections for chapter
471 is amended by striking the item relating to section 47128
and inserting the following:
``47128. State block grant program.''.
SEC. 148. <<NOTE: 49 USC 47101 note.>> INNOVATIVE FINANCING TECHNIQUES.
(a) In General.--The Secretary of Transportation is authorized to
carry out a demonstration program under which the Secretary may approve
applications under subchapter I of chapter 471 of title 49, United
States Code, for not more than 10 projects for which grants received
under such subchapter may be used to implement innovative financing
techniques.
(b) Purpose.--The purpose of the demonstration program shall be to
provide information on the use of innovative financing techniques for
airport development projects to Congress and the National Civil Aviation
Review Commission.
(c) Limitation.--In no case shall the implementation of an
innovative financing technique under the demonstration program result in
a direct or indirect guarantee of any airport debt instrument by the
Federal Government.
(d) Innovative Financing Technique Defined.--In this section, the
term ``innovative financing technique'' shall be limited to the
following:
[[Page 110 STAT. 3224]]
(1) Payment of interest.
(2) Commercial bond insurance and other credit enhancement
associated with airport bonds for eligible airport development.
(3) Flexible non-Federal matching requirements.
(e) Expiration of Authority.--The authority of the Secretary to
carry out the demonstration program shall expire on September 30, 1998.
SEC. 149. PILOT PROGRAM ON PRIVATE OWNERSHIP OF AIRPORTS.
(a) Establishment of Program.--
(1) In general.--Subchapter I of chapter 471, as amended by
section 804 of this Act, is further amended by adding after
section 47133 the following:
``Sec. 47134. Pilot program on private ownership of airports
``(a) Submission of Applications.--If a sponsor intends to sell or
lease a general aviation airport or lease any other type of airport for
a long term to a person (other than a public agency), the sponsor and
purchaser or lessee may apply to the Secretary of Transportation for
exemptions under this section.
``(b) Approval of Applications.--The Secretary may approve, with
respect to not more than 5 airports, applications submitted under
subsection (a) granting exemptions from the following provisions:
``(1) Use of revenues.--
``(A) In general.--The Secretary may grant an
exemption to a sponsor from the provisions of sections
47107(b) and 47133 of this title (and any other law,
regulation, or grant assurance) to the extent necessary
to permit the sponsor to recover from the sale or lease
of the airport such amount as may be approved--
``(i) by at least 65 percent of the air
carriers serving the airport; and
``(ii) by 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.
``(B) Landed weight defined.--
In <<NOTE: Regulations.>> this paragraph, the term
`landed weight' means the weight of aircraft
transporting passengers or cargo, or both, in
intrastate, interstate, and foreign air transportation,
as the Secretary determines under regulations the
Secretary prescribes.
``(2) Repayment requirements.--The Secretary may grant an
exemption to a sponsor from the provisions of sections 47107 and
47152 of this title (and any other law, regulation, or grant
assurance) to the extent necessary to waive any obligation of
the sponsor to repay to the Federal Government any grants, or to
return to the Federal Government any property, received by the
airport under this title, the Airport and Airway Improvement Act
of 1982, or any other law.
``(3) Compensation from airport operations.--The Secretary
may grant an exemption to a purchaser or lessee from the
provisions of sections 47107(b) and 47133 of this title (and any
other law, regulation, or grant assurance) to the extent
[[Page 110 STAT. 3225]]
necessary to permit the purchaser or lessee to earn compensation
from the operations of the airport.
``(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds that the
sale or lease agreement includes provisions satisfactory to the
Secretary to ensure the following:
``(1) The airport will continue to be available for public
use on reasonable terms and conditions and without unjust
discrimination.
``(2) The operation of the airport will not be interrupted
in the event that the purchaser or lessee becomes insolvent or
seeks or becomes subject to any State or Federal bankruptcy,
reorganization, insolvency, liquidation, or dissolution
proceeding or any petition or similar law seeking the
dissolution or reorganization of the purchaser or lessee or the
appointment of a receiver, trustee, custodian, or liquidator for
the purchaser or lessee or a substantial part of the purchaser
or lessee's property, assets, or business.
``(3) The purchaser or lessee will maintain, improve, and
modernize the facilities of the airport through capital
investments and will submit to the Secretary a plan for carrying
out such maintenance, improvements, and modernization.
``(4) Every fee of the airport imposed on an air carrier on
the day before the date of the lease of the airport will not
increase faster than the rate of inflation unless a higher
amount is approved--
``(A) by at least 65 percent of the air carriers
serving the airport; and
``(B) by 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.
``(5) The percentage increase in fees imposed on general
aviation aircraft at the airport will not exceed the percentage
increase in fees imposed on air carriers at the airport.
``(6) Safety and security at the airport will be maintained
at the highest possible levels.
``(7) The adverse effects of noise from operations at the
airport will be mitigated to the same extent as at a public
airport.
``(8) Any adverse effects on the environment from airport
operations will be mitigated to the same extent as at a public
airport.
``(9) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the sale
or lease.
``(d) Participation of Certain Airports.--
``(1) General aviation airports.--If the Secretary approves
under subsection (b) applications with respect to 5 airports,
one of the airports must be a general aviation airport.
``(2) Large hub airports.--The Secretary may not approve
under subsection (b) more than 1 application submitted by an
airport that had 1 percent or more of the total passenger
boardings (as defined in section 47102) in the United States in
the preceding calendar year.
[[Page 110 STAT. 3226]]
``(e) Required Finding That Approval Will Not Result in Unfair
Methods of Competition.--The Secretary may approve an application under
subsection (b) only if the Secretary finds that the approval will not
result in unfair and deceptive practices or unfair methods of
competition.
``(f) Interests of General Aviation Users.--In approving an
application of an airport under this section, the Secretary shall ensure
that the interests of general aviation users of the airport are not
adversely affected.
``(g) Passenger Facility Fees; Apportionments; Service Charges.--
Notwithstanding that the sponsor of an airport receiving an exemption
under subsection (b) is not a public agency, the sponsor shall not be
prohibited from--
``(1) imposing a passenger facility fee under section 40117
of this title;
``(2) receiving apportionments under section 47114 of this
title; or
``(3) collecting reasonable rental charges, landing fees,
and other service charges from aircraft operators under section
40116(e)(2) of this title.
``(h) Effectiveness of Exemptions.--An exemption granted under
subsection (b) shall continue in effect only so long as the facilities
sold or leased continue to be used for airport purposes.
``(i) Revocation of Exemptions.--The Secretary may revoke an
exemption issued to a purchaser or lessee of an airport under subsection
(b)(3) if, after providing the purchaser or lessee with notice and an
opportunity to be heard, the Secretary determines that the purchaser or
lessee has knowingly violated any of the terms specified in subsection
(c) for the sale or lease of the airport.
``(j) Nonapplication of Provisions to Airports Owned by Public
Agencies.--The provisions of this section requiring the approval of air
carriers in determinations concerning the use of revenues, and
imposition of fees, at an airport shall not be extended so as to apply
to any airport owned by a public agency that is not participating in the
program established by this section.
``(k) Audits.--The Secretary may conduct periodic audits of the
financial records and operations of an airport receiving an exemption
under this section.
``(l) Report.--Not later than 2 years after the date of the initial
approval of an application under this section, the Secretary shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on implementation of the program
under this section.
``(m) General Aviation Airport Defined.--In this section, the term
`general aviation airport' means an airport that is not a commercial
service airport.''.
(2) Conforming amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 47133, as added by section 804 of this Act, the
following:
``47134. Pilot program on private ownership of airports.''.
(b) Taxation.--Section 40116(b) is amended--
(1) by striking ``a State or'' and inserting ``a State, a'';
and
[[Page 110 STAT. 3227]]
(2) by inserting after ``of a State'' the following: ``, and
any person that has purchased or leased an airport under section
47134 of this title''.
(c) Federal Share.--Section 47109(a) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) 40 percent for a project funded by the Administrator
from the discretionary fund under section 47115 at an airport
receiving an exemption under section 47134.''.
(d) Resolution of Airport-Air Carrier Disputes Concerning Airport
Fees.--Section 47129(a) is amended by adding at the end the following:
``(4) Fees imposed by privately-owned airports.--In
evaluating the reasonableness of a fee imposed by an airport
receiving an exemption under section 47134 of this title, the
Secretary shall consider whether the airport has complied with
section 47134(c)(4).''.
TITLE II--FAA <<NOTE: Air Traffic Management System Performance
Improvement Act of 1996.>> REFORM
SEC. 201. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``Air Traffic Management System
Performance Improvement Act of 1996''.
SEC. 202. <<NOTE: 49 USC 106 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 203. <<NOTE: 49 USC 106 note.>> EFFECTIVE DATE.
The provisions of this title and the amendments made by this title
shall take effect on the date that is 30 days after the date of the
enactment of this Act.
Subtitle A--General Provisions
SEC. 221. <<NOTE: 49 USC 106 note.>> FINDINGS.
Congress finds the following:
(1) In many respects the Administration is a unique agency,
being one of the few non-defense government agencies that
operates 24 hours a day, 365 days of the year, while continuing
to rely on outdated technology to carry out its responsibilities
for a state-of-the-art industry.
(2) Until January 1, 1996, users of the air transportation
system paid 70 percent of the budget of the Administration, with
the remaining 30 percent coming from the General Fund. The
General Fund contribution over the years is one measure of the
benefit received by the general public, military, and other
users of Administration's services.
[[Page 110 STAT. 3228]]
(3) The Administration must become a more efficient,
effective, and different organization to meet future challenges.
(4) The need to balance the Federal budget means that it may
become more and more difficult to obtain sufficient General Fund
contributions to meet the Administration's future budget needs.
(5) Congress must keep its commitment to the users of the
national air transportation system by seeking to spend all
moneys collected from them each year and deposited into the
Airport and Airway Trust Fund. Existing surpluses representing
past receipts must also be spent for the purposes for which such
funds were collected.
(6) The aviation community and the employees of the
Administration must come together to improve the system. The
Administration must continue to recognize who its customers are
and what their needs are, and to design and redesign the system
to make safety improvements and increase productivity.
(7) The Administration projects that commercial operations
will increase by 18 percent and passenger traffic by 35 percent
by the year 2002. Without effective airport expansion and system
modernization, these needs cannot be met.
(8) Absent significant and meaningful reform, future
challenges and needs cannot be met.
(9) The Administration must have a new way of doing
business.
(10) There is widespread agreement within government and the
aviation industry that reform of the Administration is essential
to safely and efficiently accommodate the projected growth of
aviation within the next decade.
(11) To the extent that Congress determines that certain
segments of the aviation community are not required to pay all
of the costs of the government services which they require and
benefits which they receive, Congress should appropriate the
difference between such costs and any receipts received from
such segment.
(12) Prior to the imposition of any new charges or user fees
on segments of the industry, an independent review must be
performed to assess the funding needs and assumptions for
operations, capital spending, and airport infrastructure.
(13) An independent, thorough, and complete study and
assessment must be performed of the costs to the Administration
and the costs driven by each segment of the aviation system for
safety and operational services, including the use of the air
traffic control system and the Nation's airports.
(14) Because the Administration is a unique Federal entity
in that it is a participant in the daily operations of an
industry, and because the national air transportation system
faces significant problems without significant changes, the
Administration has been authorized to change the Federal
procurement and personnel systems to ensure that the
Administration has the ability to keep pace with new technology
and is able to match resources with the real personnel needs of
the Administration.
(15) The existing budget system does not allow for long-term
planning or timely acquisition of technology by the
Administration.
[[Page 110 STAT. 3229]]
(16) Without reforms in the areas of procurement, personnel,
funding, and governance, the Administration will continue to
experience delays and cost overruns in its major modernization
programs and needed improvements in the performance of the air
traffic management system will not occur.
(17) All reforms should be designed to help the
Administration become more responsive to the needs of its
customers and maintain the highest standards of safety.
SEC. 222. <<NOTE: 49 USC 106 note.>> PURPOSES.
The purposes of this title are--
(1) to ensure that final action shall be taken on all
notices of proposed rulemaking of the Administration within 18
months after the date of their publication;
(2) to permit the Administration, with Congressional review,
to establish a program to improve air traffic management system
performance and to establish appropriate levels of cost
accountability for air traffic management services provided by
the Administration;
(3) to establish a more autonomous and accountable
Administration within the Department of Transportation; and
(4) to make the Administration a more efficient and
effective organization, able to meet the needs of a dynamic,
growing industry, and to ensure the safety of the traveling
public.
SEC. 223. REGULATION OF CIVILIAN AIR TRANSPORTATION AND RELATED SERVICES
BY THE FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF
TRANSPORTATION.
(a) In General.--Section 106 is amended--
(1) by striking ``The Administrator'' in subsection (b) and
inserting ``Except as provided in subsection (f) or in other
provisions of law, the Administrator''; and
(2) in subsection (f)--
(A) by striking ``(f) The Secretary'' and inserting
the following:
``(f) Authority of the Secretary and the Administrator.--
``(1) Authority of the secretary.--Except as provided in
paragraph (2), the Secretary'';
(B) in subsection (f)(1), as so designated--
(i) by moving the remainder of the text 2 ems
to the right;
(ii) by striking ``The Secretary may not'' and
inserting ``Neither the Secretary nor the
Administrator may''; and
(iii) by striking ``nor'' and inserting
``or''; and
(C) by adding at the end the following:
``(2) Authority of the administrator.--The Administrator--
``(A) is the final authority for carrying out all
functions, powers, and duties of the Administration
relating to--
``(i) the appointment and employment of all
officers and employees of the Administration
(other than Presidential and political
appointees);
``(ii) the acquisition and maintenance of
property and equipment of the Administration;
``(iii) except as otherwise provided in
paragraph (3), the promulgation of regulations,
rules, orders,
[[Page 110 STAT. 3230]]
circulars, bulletins, and other official
publications of the Administration; and
``(iv) any obligation imposed on the
Administrator, or power conferred on the
Administrator, by the Air Traffic Management
System Performance Improvement Act of 1996 (or any
amendment made by that Act);
``(B) shall offer advice and counsel to the
President with respect to the appointment and
qualifications of any officer or employee of the
Administration to be appointed by the President or as a
political appointee;
``(C) may delegate, and authorize successive
redelegations of, to an officer or employee of the
Administration any function, power, or duty conferred
upon the Administrator, unless such delegation is
prohibited by law; and
``(D) except as otherwise provided for in this
title, and notwithstanding any other provision of law,
shall not be required to coordinate, submit for approval
or concurrence, or seek the advice or views of the
Secretary or any other officer or employee of the
Department of Transportation on any matter with respect
to which the Administrator is the final authority.
``(3) Definition of political appointee.--For purposes of
this subsection, the term `political appointee' means any
individual who--
``(A) is employed in a position listed in sections
5312 through 5316 of title 5 (relating to the Executive
Schedule);
``(B) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5), (6),
and (7), respectively, of section 3132(a) of title 5; or
``(C) is employed in a position in the executive
branch of the Government of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5 of the Code of Federal
Regulations.''.
(b) Preservation <<NOTE: 49 USC 106 note.>> of Existing Authority.--
Nothing in this title or the amendments made by this title limits any
authority granted to the Administrator by statute or by delegation that
was in effect on the day before the date of the enactment of this Act.
SEC. 224. REGULATIONS.
Section 106(f), as amended by section 223 of this Act, is further
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Regulations.--
``(A) In general.--In the performance of the
functions of the Administrator and the Administration,
the Administrator is authorized to issue, rescind, and
revise such regulations as are necessary to carry out
those functions. The issuance of such regulations shall
be governed by the provisions of chapter 5 of title 5.
The Administrator shall act upon all petitions for
rulemaking no later than 6 months after the date such
petitions are filed by dismissing such petitions, by
informing the petitioner of an intention to dismiss, or
by issuing a notice of proposed rulemaking
[[Page 110 STAT. 3231]]
or advanced notice of proposed rulemaking. The
Administrator shall issue a final regulation, or take
other final action, not later than 16 months after the
last day of the public comment period for the
regulations or, in the case of an advanced notice of
proposed rulemaking, if issued, not later than 24 months
after the date of publication in the Federal Register of
notice of the proposed rulemaking.
``(B) Approval of secretary of transportation.--(i)
The Administrator may not issue a proposed regulation or
final regulation that is likely to result in the
expenditure by State, local, and tribal governments in
the aggregate, or by the private sector, of $100,000,000
or more (adjusted annually for inflation beginning with
the year following the date of the enactment of the Air
Traffic Management System Performance Improvement Act of
1996) in any year, or any regulation which is
significant, unless the Secretary of Transportation
approves the issuance of the regulation in advance. For
purposes of this paragraph, a regulation is significant
if the Administrator, in consultation with the Secretary
(as appropriate), determines that the regulation is
likely to--
``(I) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a
material way the economy, a sector of the economy,
productivity, competition, jobs, the environment,
public health or safety, or State, local, or
tribal governments or communities;
``(II) create a serious inconsistency or
otherwise interfere with an action taken or
planned by another agency;
``(III) materially alter the budgetary impact
of entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or
``(IV) raise novel legal or policy issues
arising out of legal mandates.
``(ii) In an emergency, the Administrator may issue
a regulation described in clause (i) without prior
approval by the Secretary, but any such emergency
regulation is subject to ratification by the Secretary
after it is issued and shall be rescinded by the
Administrator within 5 days (excluding Saturdays,
Sundays, and legal public holidays) after issuance if
the Secretary fails to ratify its issuance.
``(iii) Any regulation that does not meet the
criteria of clause (i), and any regulation or other
action that is a routine or frequent action or a
procedural action, may be issued by the Administrator
without review or approval by the Secretary.
``(iv) The Administrator shall submit a copy of any
regulation requiring approval by the Secretary under
clause (i) to the Secretary, who shall either approve it
or return it to the Administrator with comments within
45 days after receiving it.
``(C) Periodic review.--(i) Beginning on the date
which is 3 years after the date of the enactment of the
Air Traffic Management System Performance Improvement
Act of 1996, the Administrator shall review any
unusually
[[Page 110 STAT. 3232]]
burdensome regulation issued by the Administrator after
such date of enactment beginning not later than 3 years
after the effective date of the regulation to determine
if the cost assumptions were accurate, the benefit of
the regulations, and the need to continue such
regulations in force in their present form.
``(ii) The Administrator may identify for review
under the criteria set forth in clause (i) unusually
burdensome regulations that were issued before the date
of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996 and that have been
in force for more than 3 years.
``(iii) For purposes of this subparagraph, the term
`unusually burdensome regulation' means any regulation
that results in the annual expenditure by State, local,
and tribal governments in the aggregate, or by the
private sector, of $25,000,000 or more (adjusted
annually for inflation beginning with the year following
the date of the enactment of the Air Traffic Management
System Performance Act of 1996) in any year.
``(iv) The periodic review of regulations may be
performed by advisory committees and the Management
Advisory Council established under subsection (p).''.
SEC. 225. PERSONNEL AND SERVICES.
Section 106 is amended by adding at the end the following:
``(l) Personnel and Services.--
``(1) Officers and employees.--Except as provided in section
40122(a) of this title and section 347 of Public Law 104-50, the
Administrator is authorized, in the performance of the functions
of the Administrator, to appoint, transfer, and fix the
compensation of such officers and employees, including
attorneys, as may be necessary to carry out the functions of the
Administrator and the Administration. In fixing compensation and
benefits of officers and employees, the Administrator shall not
engage in any type of bargaining, except to the extent provided
for in section 40122(a), nor shall the Administrator be bound by
any requirement to establish such compensation or benefits at
particular levels.
``(2) Experts and consultants.--The Administrator is
authorized to obtain the services of experts and consultants in
accordance with section 3109 of title 5.
``(3) Transportation and per diem expenses.--The
Administrator is authorized to pay transportation expenses, and
per diem in lieu of subsistence expenses, in accordance with
chapter 57 of title 5.
``(4) Use of personnel from other agencies.--The
Administrator is authorized to utilize the services of personnel
of any other Federal agency (as such term is defined under
section 551(1) of title 5).
``(5) Voluntary services.--
``(A) General rule.--In exercising the authority to
accept gifts and voluntary services under section 326 of
this title, and without regard to section 1342 of title
31, the Administrator may not accept voluntary and
uncompensated services if such services are used to
displace Federal
[[Page 110 STAT. 3233]]
employees employed on a full-time, part-time, or
seasonal basis.
``(B) Incidental expenses.--The Administrator is
authorized to provide for incidental expenses, including
transportation, lodging, and subsistence, for volunteers
who provide voluntary services under this subsection.
``(C) Limited treatment as federal employees.--An
individual who provides voluntary services under this
subsection shall not be considered a Federal employee
for any purpose other than for purposes of chapter 81 of
title 5, relating to compensation for work injuries, and
chapter 171 of title 28, relating to tort claims.''.
SEC. 226. CONTRACTS.
Section 106(l), as added by section 225 of this Act, is further
amended by adding at the end the following:
``(6) Contracts.--The Administrator is authorized to enter
into and perform such contracts, leases, cooperative agreements,
or other transactions as may be necessary to carry out the
functions of the Administrator and the Administration. The
Administrator may enter into such contracts, leases, cooperative
agreements, and other transactions with any Federal agency (as
such term is defined in section 551(1) of title 5) or any
instrumentality of the United States, any State, territory, or
possession, or political subdivision thereof, any other
governmental entity, or any person, firm, association,
corporation, or educational institution, on such terms and
conditions as the Administrator may consider appropriate.''.
SEC. 227. FACILITIES.
Section 106, as amended by section 225 of this Act, is further
amended by adding at the end the following:
``(m) Cooperation by Administrator.--With the consent of appropriate
officials, the Administrator may, with or without reimbursement, use or
accept the services, equipment, personnel, and facilities of any other
Federal agency (as such term is defined in section 551(1) of title 5)
and any other public or private entity. The Administrator may also
cooperate with appropriate officials of other public and private
agencies and instrumentalities concerning the use of services,
equipment, personnel, and facilities. The head of each Federal agency
shall cooperate with the Administrator in making the services,
equipment, personnel, and facilities of the Federal agency available to
the Administrator. The head of a Federal agency is authorized,
notwithstanding any other provision of law, to transfer to or to receive
from the Administration, without reimbursement, supplies and equipment
other than administrative supplies or equipment.''.
SEC. 228. PROPERTY.
Section 106, as amended by section 227 of this Act, is further
amended by adding at the end the following:
``(n) Acquisition.--
``(1) In general.--The Administrator is authorized--
``(A) to acquire (by purchase, lease, condemnation,
or otherwise), construct, improve, repair, operate, and
maintain--
``(i) air traffic control facilities and
equipment;
``(ii) research and testing sites and
facilities; and
[[Page 110 STAT. 3234]]
``(iii) such other real and personal property
(including office space and patents), or any
interest therein, within and outside the
continental United States as the Administrator
considers necessary;
``(B) to lease to others such real and personal
property; and
``(C) to provide by contract or otherwise for eating
facilities and other necessary facilities for the
welfare of employees of the Administration at the
installations of the Administration, and to acquire,
operate, and maintain equipment for these facilities.
``(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by the
Government of the United States.''.
SEC. 229. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
Section 106, as amended by section 228 of this Act, is further
amended by adding at the end the following:
``(o) Transfers of Funds.--The Administrator is authorized to accept
transfers of unobligated balances and unexpended balances of funds
appropriated to other Federal agencies (as such term is defined in
section 551(1) of title 5) to carry out functions transferred by law to
the Administrator or functions transferred pursuant to law to the
Administrator on or after the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996.''.
SEC. 230. MANAGEMENT ADVISORY COUNCIL.
Section 106, as amended by section 229 of this Act, is further
amended by adding at the end the following:
``(p) Management Advisory Council.--
``(1) Establishment.--Within 3 months after the date of the
enactment of the Air Traffic Management System Performance
Improvement Act of 1996, the Administrator shall establish an
advisory council which shall be known as the Federal Aviation
Management Advisory Council (in this subsection referred to as
the `Council'). With respect to Administration management,
policy, spending, funding, and regulatory matters affecting the
aviation industry, the Council may submit comments, recommended
modifications, and dissenting views to the Administrator. The
Administrator shall include in any submission to Congress, the
Secretary, or the general public, and in any submission for
publication in the Federal Register, a description of the
comments, recommended modifications, and dissenting views
received from the Council, together with the reasons for any
differences between the views of the Council and the views or
actions of the Administrator.
``(2) Membership.--The Council shall consist of 15 members,
who shall consist of--
``(A) a designee of the Secretary of Transportation;
``(B) a designee of the Secretary of Defense; and
``(C) 13 members representing aviation interests,
appointed by the President by and with the advice and
consent of the Senate.
``(3) Qualifications.--No member appointed under paragraph
(2)(C) may serve as an officer or employee of the United States
Government while serving as a member of the Council.
``(4) Functions.--
[[Page 110 STAT. 3235]]
``(A) In general.--(i) The Council shall provide
advice and counsel to the Administrator on issues which
affect or are affected by the operations of the
Administrator. The Council shall function as an
oversight resource for management, policy, spending, and
regulatory matters under the jurisdiction of the
Administration.
``(ii) The Council shall review the rulemaking cost-
benefit analysis process and develop recommendations to
improve the analysis and ensure that the public interest
is fully protected.
``(iii) The Council shall review the process through
which the Administration determines to use advisory
circulars and service bulletins.
``(B) Meetings.--The Council shall meet on a regular
and periodic basis or at the call of the chairman or of
the Administrator.
``(C) Access to documents and staff.--The
Administration may give the Council appropriate access
to relevant documents and personnel of the
Administration, and the Administrator shall make
available, consistent with the authority to withhold
commercial and other proprietary information under
section 552 of title 5 (commonly known as the `Freedom
of Information Act'), cost data associated with the
acquisition and operation of air traffic service
systems. Any member of the Council who receives
commercial or other proprietary data from the
Administrator shall be subject to the provisions of
section 1905 of title 18, pertaining to unauthorized
disclosure of such information.
``(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply to
the Council or such aviation rulemaking committees as the
Administrator shall designate.
``(6) Administrative matters.--
``(A) Terms of members.--(i) Except as provided in
subparagraph (B), members of the Council appointed by
the President under paragraph (2)(C) shall be appointed
for a term of 3 years.
``(ii) Of the members first appointed by the
President--
``(I) 4 shall be appointed for terms of 1
year;
``(II) 5 shall be appointed for terms of 2
years; and
``(III) 4 shall be appointed for terms of 3
years.
``(iii) An individual chosen to fill a vacancy shall
be appointed for the unexpired term of the member
replaced.
``(iv) A member whose term expires shall continue to
serve until the date on which the member's successor
takes office.
``(B) Chairman; vice chairman.--The Council shall
elect a chair and a vice chair from among the members
appointed under paragraph (2)(C), each of whom shall
serve for a term of 1 year. The vice chair shall perform
the duties of the chairman in the absence of the
chairman.
``(C) Travel and per diem.--Each member of the
Council shall be paid actual travel expenses, and per
diem in lieu of subsistence expenses when away from his
or her usual place of residence, in accordance with
section 5703 of title 5.
[[Page 110 STAT. 3236]]
``(D) Detail of personnel from the administration.--
The Administrator shall make available to the Council
such staff, information, and administrative services and
assistance as may reasonably be required to enable the
Council to carry out its responsibilities under this
subsection.''.
Subtitle B--Federal Aviation Administration Streamlining Programs
SEC. 251. <<NOTE: 49 USC 40110 note.>> REVIEW OF ACQUISITION MANAGEMENT
SYSTEM.
Not later than April 1, 1999, the Administrator shall employ outside
experts to provide an independent evaluation of the effectiveness of the
Administration's acquisition management system within 3 months after
such date. The Administrator <<NOTE: Reports.>> shall transmit a copy of
the evaluation to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 252. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.
Chapter 401 is amended by adding at the end the following:
``Sec. 40121. Air traffic control modernization reviews
``(a) Required Terminations of Acquisitions.--The Administrator of
the Federal Aviation Administration shall terminate any acquisition
program initiated after the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996 and funded under
the Facilities and Equipment account that--
``(1) is more than 50 percent over the cost goal established
for the program;
``(2) fails to achieve at least 50 percent of the
performance goals established for the program; or
``(3) is more than 50 percent behind schedule as determined
in accordance with the schedule goal established for the
program.
``(b) Authorized Termination of Acquisition Programs.--The
Administrator shall consider terminating, under the authority of
subsection (a), any substantial acquisition program that--
``(1) is more than 10 percent over the cost goal established
for the program;
``(2) fails to achieve at least 90 percent of the
performance goals established for the program; or
``(3) is more than 10 percent behind schedule as determined
in accordance with the schedule goal established for the
program.
``(c) Exceptions and Report.--
``(1) Continuance of program, etc.--Notwithstanding
subsection (a), the Administrator may continue an acquisitions
program required to be terminated under subsection (a) if the
Administrator determines that termination would be inconsistent
with the development or operation of the national air
transportation system in a safe and efficient manner.
``(2) Department of defense.--The Department of Defense
shall have the same exemptions from acquisition laws as are
waived by the Administrator under section 348(b) of Public
[[Page 110 STAT. 3237]]
Law 104-50 when engaged in joint actions to improve or replenish
the national air traffic control system. The Administration may
acquire real property, goods, and services through the
Department of Defense, or other appropriate agencies, but is
bound by the acquisition laws and regulations governing those
cases.
``(3) Report.--If the Administrator makes a determination
under paragraph (1), the Administrator shall transmit a copy of
the determination, together with a statement of the basis for
the determination, to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives.''.
SEC. 253. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
Chapter 401, as amended by section 252 of this Act, is further
amended by adding at the end the following:
``Sec. 40122. Federal Aviation Administration personnel management
system
``(a) In General.--
``(1) Consultation and negotiation.--In developing and
making changes to the personnel management system initially
implemented by the Administrator of the Federal Aviation
Administration on April 1, 1996, the Administrator shall
negotiate with the exclusive bargaining representatives of
employees of the Administration certified under section 7111 of
title 5 and consult with other employees of the Administration.
``(2) Mediation.--If the Administrator does not reach an
agreement under paragraph (1) with the exclusive bargaining
representatives, the services of the Federal Mediation and
Conciliation Service shall be used to attempt to reach such
agreement. If the services of the Federal Mediation and
Conciliation Service do not lead to an agreement, the
Administrator's proposed change to the personnel management
system shall not take effect until 60 days have elapsed after
the Administrator has transmitted the proposed change, along
with the objections of the exclusive bargaining representatives
to the change, and the reasons for such objections, to Congress.
``(3) Cost savings and productivity goals.--The
Administration and the exclusive bargaining representatives of
the employees shall use every reasonable effort to find cost
savings and to increase productivity within each of the affected
bargaining units.
``(4) Annual budget discussions.--The Administration and the
exclusive bargaining representatives of the employees shall meet
annually for the purpose of finding additional cost savings
within the Administration's annual budget as it applies to each
of the affected bargaining units and throughout the agency.
``(b) Expert Evaluation.--On the date that is 3 years after the
personnel management system is implemented, the Administration shall
employ outside experts to provide an independent evaluation of the
effectiveness of the system within 3 months after such date. For this
purpose, the Administrator may utilize the services
[[Page 110 STAT. 3238]]
of experts and consultants under section 3109 of title 5 without regard
to the limitation imposed by the last sentence of section 3109(b) of
such title, and may contract on a sole source basis, notwithstanding any
other provision of law to the contrary.
``(c) Pay Restriction.--No officer or employee of the Administration
may receive an annual rate of basic pay in excess of the annual rate of
basic pay payable to the Administrator.
``(d) Ethics.--The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the Office
of Government Ethics, including those set forth in section 2635 of title
5 of the Code of Federal Regulations.
``(e) Employee Protections.--Until July 1, 1999, basic wages
(including locality pay) and operational differential pay provided
employees of the Administration shall not be involuntarily adversely
affected by reason of the enactment of this section, except for
unacceptable performance or by reason of a reduction in force or
reorganization or by agreement between the Administration and the
affected employees' exclusive bargaining representative.
``(f) Labor-Management Agreements.--Except as otherwise provided by
this title, all labor-management agreements covering employees of the
Administration that are in effect on the effective date of the Air
Traffic Management System Performance Improvement Act of 1996 shall
remain in effect until their normal expiration date, unless the
Administrator and the exclusive bargaining representative agree to the
contrary.''.
SEC. 254. CONFORMING AMENDMENT.
The table of sections for chapter 401 is amended by adding at the
end the following:
``40121. Air traffic control modernization reviews.
``40122. Federal Aviation Administration personnel management system.''.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
SEC. 271. <<NOTE: 49 USC 40101 note.>> FINDINGS.
Congress finds the following:
(1) The Administration is recognized throughout the world as
a leader in aviation safety.
(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
(3) The Administration certifies more than 650 training
schools for pilots and nonpilots, more than 4,858 repair
stations, and more than 193 maintenance schools.
(4) The Administration certifies pilot examiners, who are
then qualified to determine if a person has the skills necessary
to become a pilot.
(5) The Administration certifies more than 6,000 medical
examiners, each of whom is then qualified to medically certify
the qualifications of pilots and nonpilots.
(6) The Administration certifies more than 470 airports, and
provides a limited certification for another 205 airports. Other
airports in the United States are also reviewed by the
Administration.
(7) The Administration each year performs more than 355,000
inspections.
[[Page 110 STAT. 3239]]
(8) The Administration issues more than 655,000 pilot's
licenses and more than 560,000 nonpilot's licenses (including
mechanics).
(9) The Administration's certification means that the
product meets world-wide recognized standards of safety and
reliability.
(10) The Administration's certification means aviation-
related equipment and services meet world-wide recognized
standards.
(11) The Administration's certification is recognized by
governments and businesses throughout the world and as such may
be a valuable element for any company desiring to sell aviation-
related products throughout the world.
(12) The Administration's certification may constitute a
valuable license, franchise, privilege or benefits for the
holders.
(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air
traffic control system. The Administration's design, acceptance,
commissioning, or certification of such equipment enables the
private sector to market those products around the world, and as
such confers a benefit on the manufacturer.
(14) The Administration provides extensive services to
public use aircraft.
SEC. 272. <<NOTE: 49 USC 40101 note.>> PURPOSES.
The purposes of this subtitle are--
(1) to provide a financial structure for the Administration
so that it will be able to support the future growth in the
national aviation and airport system;
(2) to review existing and alternative funding options,
including incentive-based fees for services, and establish a
program to improve air traffic management system performance and
to establish appropriate levels of cost accountability for air
traffic management services provided by the Administration;
(3) to ensure that any funding will be dedicated solely for
the use of the Administration;
(4) to authorize the Administration to recover the costs of
its services from those who benefit from, but do not contribute
to, the national aviation system and the services provided by
the Administration;
(5) to consider a fee system based on the cost or value of
the services provided and other funding alternatives;
(6) to develop funding options for Congress in order to
provide for the long-term efficient and cost-effective support
of the Administration and the aviation system; and
(7) to achieve a more efficient and effective Administration
for the benefit of the aviation transportation industry.
SEC. 273. USER FEES FOR VARIOUS FEDERAL AVIATION ADMINISTRATION
SERVICES.
(a) In General.--Chapter 453 is amended by striking section 45301
and inserting the following:
``Sec. 45301. General provisions
``(a) Schedule of Fees.--The Administrator shall establish a
schedule of new fees, and a collection process for such fees, for the
following services provided by the Administration:
[[Page 110 STAT. 3240]]
``(1) Air traffic control and related services provided to
aircraft other than military and civilian aircraft of the United
States government or of a foreign government that neither take
off from, nor land in, the United States.
``(2) Services (other than air traffic control services)
provided to a foreign government.
``(b) Limitations.--
``(1) Authorization and impact considerations.--In
establishing fees under subsection (a), the Administrator--
``(A) is authorized to recover in fiscal year 1997
$100,000,000; and
``(B) shall ensure that each of the fees required by
subsection (a) is directly related to the
Administration's costs of providing the service
rendered. Services for which costs may be recovered
include the costs of air traffic control, navigation,
weather services, training and emergency services which
are available to facilitate safe transportation over the
United States, and other services provided by the
Administrator or by programs financed by the
Administrator to flights that neither take off nor land
in the United States.
``(2) Publication; comment.--The <<NOTE: Federal Register,
publication.>> Administrator shall publish in the Federal
Register an initial fee schedule and associated collection
process as an interim final rule, pursuant to which public
comment will be sought and a final rule issued.
``(c) Use of Experts and Consultants.--In developing the system, the
Administrator may consult with such nongovernmental experts as the
Administrator may employ and the Administrator may utilize the services
of experts and consultants under section 3109 of title 5 without regard
to the limitation imposed by the last sentence of section 3109(b) of
such title, and may contract on a sole source basis, notwithstanding any
other provision of law to the contrary. Notwithstanding any other
provision of law to the contrary, the Administrator may retain such
experts under a contract awarded on a basis other than a competitive
basis and without regard to any such provisions requiring competitive
bidding or precluding sole source contract authority.''.
(b) Conforming Amendment.--The table of sections for chapter 453 is
amended by striking the item relating to section 45301 and inserting the
following:
``45301. General provisions.''.
SEC. 274. <<NOTE: 49 USC 40101 note.>> INDEPENDENT ASSESSMENT OF FAA
FINANCIAL REQUIREMENTS; ESTABLISHMENT OF NATIONAL CIVIL
AVIATION REVIEW COMMISSION.
(a) Independent Assessment.--
(1) Initiation.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall contract with
an entity independent of the Administration and the Department
of Transportation to conduct a complete independent assessment
of the financial requirements of the Administration through the
year 2002.
(2) Assessment criteria.--The Administrator shall provide to
the independent entity estimates of the financial requirements
of the Administration for the period described in paragraph (1),
using as a base the fiscal year 1997 appropriation levels
established by Congress. The independent assess
[[Page 110 STAT. 3241]]
ment shall be based on an objective analysis of agency funding
needs.
(3) Certain factors to be taken into account.--The
independent assessment shall take into account all relevant
factors, including--
(A) anticipated air traffic forecasts;
(B) other workload measures;
(C) estimated productivity gains, if any, which
contribute to budgetary requirements;
(D) the need for programs; and
(E) the need to provide for continued improvements
in all facets of aviation safety, along with operational
improvements in air traffic control.
(4) Cost allocation.--The independent assessment shall also
assess the costs to the Administration occasioned by the
provision of services to each segment of the aviation system.
(5) Deadline.--The independent assessment shall be completed
no later than 90 days after the contract is awarded, and shall
be submitted to the Commission established under subsection (b),
the Secretary, the Secretary of the Treasury, the Committee on
Commerce, Science, and Transportation and the Committee on
Finance of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means of the House
of Representatives.
(b) National Civil Aviation Review Commission.--
(1) Establishment.--There is established a commission to be
known as the National Civil Aviation Review Commission
(hereinafter in this section referred to as the ``Commission'').
(2) Membership.--The Commission shall consist of 21 members
to be appointed as follows:
(A) 13 members to be appointed by the Secretary, in
consultation with the Secretary of the Treasury, from
among individuals who have expertise in the aviation
industry and who are able, collectively, to represent a
balanced view of the issues important to general
aviation, major air carriers, air cargo carriers,
regional air carriers, business aviation, airports,
aircraft manufacturers, the financial community,
aviation industry workers, and airline passengers. At
least one member appointed under this subparagraph shall
have detailed knowledge of the congressional budgetary
process.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) Two members appointed by the minority leader of
the House of Representatives.
(D) Two members appointed by the majority leader of
the Senate.
(E) Two members appointed by the minority leader of
the Senate.
(3) Task forces.--The Commission shall establish an aviation
funding task force and an aviation safety task force to carry
out the responsibilities of the Commission under this
subsection.
(4) First meeting.--The Commission may conduct its first
meeting as soon as a majority of the members of the Commission
are appointed.
(5) Hearings and consultation.--
[[Page 110 STAT. 3242]]
(A) Hearings.--The Commission shall take such
testimony and solicit and receive such comments from the
public and other interested parties as it considers
appropriate, shall conduct 2 public hearings after
affording adequate notice to the public thereof, and may
conduct such additional hearings as may be necessary.
(B) Consultation.--The Commission shall consult on a
regular and frequent basis with the Secretary, the
Secretary of the Treasury, the Committee on Commerce,
Science, and Transportation and the Committee on Finance
of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means of
the House of Representatives.
(C) FACA not to apply.--The Commission shall not be
considered an advisory committee for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).
(6) Duties of aviation funding task force.--
(A) Report to secretary.--
(i) In general.--The aviation funding task
force established pursuant to paragraph (3) shall
submit a report setting forth a comprehensive
analysis of the Administration's budgetary
requirements through fiscal year 2002, based upon
the independent assessment under subsection (a),
that analyzes alternative financing and funding
means for meeting the needs of the aviation system
through the year 2002. The task force shall submit
a preliminary report of that analysis to the
Secretary not later than 6 months after the
independent assessment is completed under
subsection (a). The Secretary shall provide
comments on the preliminary report to the task
force within 30 days after receiving the report.
The task force shall issue a final report of such
comprehensive analysis within 30 days after
receiving the Secretary's comments on its
preliminary report.
(ii) Contents.--The report submitted by the
aviation funding task force under clause (i)--
(I) shall consider the independent
assessment under subsection (a);
(II) shall consider estimated cost
savings, if any, resulting from the
procurement and personnel reforms
included in this Act or in sections 347
and 348 of Public Law 104-50, and
additional financial initiatives;
(III) shall include specific
recommendations to Congress on how the
Administration can reduce costs, raise
additional revenue for the support of
agency operations, and accelerate
modernization efforts; and
(IV) shall include a draft bill
containing the changes in law necessary
to implement its
recommendations.
(B) Recommendations.--The aviation funding task
force shall make such recommendations under subparagraph
(A)(ii)(III) as the task force deems appropriate. Those
recommendations may include--
[[Page 110 STAT. 3243]]
(i) proposals for off-budget treatment of the
Airport and Airway Trust Fund;
(ii) alternative financing and funding
proposals, including linked financing proposals;
(iii) modifications to existing levels of
Airport and Airways Trust Fund receipts and taxes
for each type of tax;
(iv) establishment of a cost-based user fee
system based on, but not limited to, criteria
under subparagraph (F) and methods to ensure that
costs are borne by users on a fair and equitable
basis;
(v) methods to ensure that funds collected
from the aviation community are able to meet the
needs of the agency;
(vi) methods to ensure that funds collected
from the aviation community and passengers are
used to support the aviation system;
(vii) means of meeting the airport
infrastructure needs for large, medium, and small
airports; and
(viii) any other matter the task force deems
appropriate to address the funding and needs of
the Administration and the aviation system.
(C) Additional recommendations.--The aviation
funding task force report may also make recommendations
concerning--
(i) means of improving productivity by
expanding and accelerating the use of automation
and other technology;
(ii) means of contracting out services
consistent with this Act, other applicable law,
and safety and national defense needs;
(iii) methods to accelerate air traffic
control modernization and improvements in aviation
safety and safety services;
(iv) the elimination of unneeded programs; and
(v) a limited innovative program based on
funding mechanisms such as loan guarantees,
financial partnerships with for-profit private
sector entities, government-sponsored enterprises,
and revolving loan funds, as a means of funding
specific facilities and equipment projects, and to
provide limited additional funding alternatives
for airport capacity development.
(D) Impact assessment for recommendations.--For each
recommendation contained in the aviation funding task
force's report, the report shall include a full analysis
and assessment of the impact implementation of the
recommendation would have on--
(i) safety;
(ii) administrative costs;
(iii) the congressional budget process;
(iv) the economics of the industry (including
the proportionate share of all users);
(v) the ability of the Administration to
utilize the sums collected; and
(vi) the funding needs of the Administration.
(E) Trust fund tax recommendations.--If the task
force's report includes a recommendation that the
existing
[[Page 110 STAT. 3244]]
Airport and Airways Trust Fund tax structure be
modified, the report shall--
(i) state the specific rates for each group
affected by the proposed modifications;
(ii) consider the impact such modifications
shall have on specific users and the public
(including passengers); and
(iii) state the basis for the recommendations.
(F) Fee system recommendations.--If the task force's
report includes a recommendation that a fee system be
established, including an air traffic control
performance-based user fee system, the report shall
consider--
(i) the impact such a recommendation would
have on passengers, air fares (including low-fare,
high frequency service), service, and competition;
(ii) existing contributions provided by
individual air carriers toward funding the
Administration and the air traffic control system
through contributions to the Airport and Airways
Trust Fund;
(iii) continuing the promotion of fair and
competitive practices;
(iv) the unique circumstances associated with
interisland air carrier service in Hawaii and
rural air service in Alaska;
(v) the impact such a recommendation would
have on service to small communities;
(vi) the impact such a recommendation would
have on services provided by regional air
carriers;
(vii) alternative methodologies for
calculating fees so as to achieve a fair and
reasonable distribution of costs of service among
users;
(viii) the usefulness of phased-in approaches
to implementing such a financing system;
(ix) means of assuring the provision of
general fund contributions, as appropriate, toward
the support of the Administration; and
(x) the provision of incentives to encourage
greater efficiency in the provision of air traffic
services by the Administration and greater
efficiency in the use of air traffic services by
aircraft operators.
(7) Duties of aviation safety task force.--
(A) Report to administrator.--Not later than 1 year
after the date of the enactment of this Act, the
aviation safety task force established pursuant to
paragraph (3) shall submit to the Administrator a report
setting forth a comprehensive analysis of aviation
safety in the United States and emerging trends in the
safety of particular sectors of the aviation industry.
(B) Contents.--The report to be submitted under
subparagraph (A) shall include an assessment of--
(i) the adequacy of staffing and training
resources for safety personnel of the
Administration, including safety inspectors;
(ii) the Administration's processes for
ensuring the public safety from fraudulent parts
in civil aviation and the extent to which use of
suspected unapproved
[[Page 110 STAT. 3245]]
parts requires additional oversight or enforcement
action; and
(iii) the ability of the Administration to
anticipate changes in the aviation industry and to
develop policies and actions to ensure the highest
level of aviation safety in the 21st century.
(8) Access to documents and staff.--The Administration may
give the Commission appropriate access to relevant documents and
personnel of the Administration, and the Administrator shall
make available, consistent with the authority to withhold
commercial and other proprietary information under section 552
of title 5, United States Code (commonly known as the ``Freedom
of Information Act''), cost data associated with the acquisition
and operation of air traffic service systems. Any member of the
Commission who receives commercial or other proprietary data
from the Administrator shall be subject to the provisions of
section 1905 of title 18, United States Code, pertaining to
unauthorized disclosure of such information.
(9) Travel and per diem.--Each member of the Commission
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5, United
States Code.
(10) Detail of personnel from the administration.--The
Administrator shall make available to the Commission such staff,
information, and administrative services and assistance as may
reasonably be required to enable the Commission to carry out its
responsibilities under this subsection.
(11) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subsection.
(c) Reports to Congress.--
(1) Report by the secretary based on final report of
aviation funding task force.--
(A) Consideration of task force's preliminary
report.--Not later than 30 days after receiving the
preliminary report of the aviation funding task force,
the Secretary, in consultation with the Secretary of the
Treasury, shall furnish comments on the report to the
task force.
(B) Report to congress.--Not later than 30 days
after receiving the final report of the aviation funding
task force, and in no event more than 1 year after the
date of the enactment of this Act, the Secretary, after
consulting the Secretary of the Treasury, shall transmit
a report to the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the
Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means of
the House of Representatives. Such report shall be based
upon the final report of the task force and shall
contain the Secretary's recommendations for funding the
needs of the aviation system through the year 2002.
(C) Contents.--The Secretary shall include in the
report to Congress under subparagraph (B)--
(i) a copy of the final report of the task
force; and
[[Page 110 STAT. 3246]]
(ii) a draft bill containing the changes in
law necessary to implement the Secretary's
recommendations.
(D) Publication.--The <<NOTE: Federal Register,
publication.>> Secretary shall cause a copy of the
report to be printed in the Federal Register upon its
transmittal to Congress under subparagraph (B).
(2) Report by the administrator based on final report of
aviation safety task force.--Not later than 30 days after
receiving the report of the aviation safety task force, the
Administrator shall transmit the report to Congress, together
with the Administrator's recommendations for improving aviation
safety in the United States.
(d) GAO Audit of Cost Allocation.--The Comptroller General shall
conduct an assessment of the manner in which costs for air traffic
control services are allocated between the Administration and the
Department of Defense. The Comptroller General shall report the results
of the assessment, together with any recommendations the Comptroller
General may have for reallocation of costs and for opportunities to
increase the efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to the Commission, the
Administrator, the Secretary of Defense, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate not later than 180
days after the date of the enactment of this Act.
(e) GAO Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall transmit to the
Commission and Congress an independent assessment of airport development
needs.
SEC. 275. PROCEDURE FOR CONSIDERATION OF CERTAIN FUNDING PROPOSALS.
(a) In General.--Chapter 481 is amended by adding at the end the
following:
``Sec. 48111. Funding proposals
``(a) Introduction in the Senate.--Within 15 days (not counting any
day on which the Senate is not in session) after a funding proposal is
submitted to the Senate by the Secretary of Transportation under section
274(c) of the Air Traffic Management System Performance Improvement Act
of 1996, an implementing bill with respect to such funding proposal
shall be introduced in the Senate by the majority leader of the Senate,
for himself and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader of the
Senate.
``(b) Consideration in the Senate.--An implementing bill introduced
in the Senate under subsection (a) shall be referred to the Committee on
Commerce, Science, and Transportation. The Committee on Commerce,
Science, and Transportation shall report the bill with its
recommendations within 60 days following the date of introduction of the
bill. Upon the reporting of the bill by the Committee on Commerce,
Science, and Transportation, the reported bill shall be referred
sequentially to the Committee on Finance for a period of 60 legislative
days.
``(c) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Implementing bill.--The term `implementing bill' means
only a bill of the Senate which is introduced as provided
[[Page 110 STAT. 3247]]
in subsection (a) with respect to one or more Federal Aviation
Administration funding proposals which contain changes in
existing laws or new statutory authority required to implement
such funding proposal or proposals.
``(2) Funding proposal.--The term `funding proposal' means a
proposal to provide interim or permanent funding for operations
of the Federal Aviation Administration.
``(d) Rules of the Senate.--The provisions of this section are
enacted--
``(1) as an exercise of the rulemaking power of the Senate
and as such they are deemed a part of the rules of the Senate
and they supersede other rules only to the extent that they are
inconsistent therewith; and
``(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner and to
the same extent as in the case of any other rule of the
Senate.''.
(b) Clerical Amendment.--The table of sections for chapter 481 is
amended by adding at the end thereof the following:
``48111. Funding proposals.''.
SEC. 276. ADMINISTRATIVE PROVISIONS.
(a) In General.--Chapter 453 is amended--
(1) by redesignating section 45303 as section 45304; and
(2) by inserting after section 45302 the following:
``Sec. 45303. Administrative provisions
``(a) Fees Payable to Administrator.--All fees imposed and amounts
collected under this chapter for services performed, or materials
furnished, by the Federal Aviation Administration are payable to the
Administrator of the Federal Aviation Administration.
``(b) Refunds.--The Administrator may refund any fee paid by mistake
or any amount paid in excess of that required.
``(c) Receipts Credited to Account.--Notwithstanding section 3302 of
title 31, all fees and amounts collected by the Administration, except
insurance premiums and other fees charged for the provision of insurance
and deposited in the Aviation Insurance Revolving Fund and interest
earned on investments of such Fund, and except amounts which on
September 30, 1996, are required to be credited to the general fund of
the Treasury (whether imposed under this section or not)--
``(1) shall be credited to a separate account established in
the Treasury and made available for Administration
activities;
``(2) shall be available immediately for expenditure but
only for congressionally authorized and intended purposes; and
``(3) shall remain available until expended.
``(d) Annual Budget Report by Administrator.--The Administrator
shall, on the same day each year as the President submits the annual
budget to Congress, provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
``(1) a list of fee collections by the Administration during
the preceding fiscal year;
[[Page 110 STAT. 3248]]
``(2) a list of activities by the Administration during the
preceding fiscal year that were supported by fee expenditures
and appropriations;
``(3) budget plans for significant programs, projects, and
activities of the Administration, including out-year funding
estimates;
``(4) any proposed disposition of surplus fees by the
Administration; and
``(5) such other information as those committees consider
necessary.
``(e) Development of Cost Accounting System.--The Administration
shall develop a cost accounting system that adequately and accurately
reflects the investments, operating and overhead costs, revenues, and
other financial measurement and reporting aspects of its operations.
``(f) Compensation to Carriers for Acting as Collection Agents.--
The <<NOTE: Regulations.>> Administration shall prescribe regulations to
ensure that any air carrier required, pursuant to the Air Traffic
Management System Performance Improvement Act of 1996 or any amendments
made by that Act, to collect a fee imposed on another party by the
Administrator may collect from such other party an additional uniform
amount that the Administrator determines reflects the necessary and
reasonable expenses (net of interest accruing to the carrier after
collection and before remittance) incurred in collecting and handling
the fee.''.
(b) Conforming Amendment.--The table of sections for chapter 453 is
amended by striking the item relating to section 45303 and inserting the
following:
``45303. Administrative provisions.
``45304. Maximum fees for private person services.''.
SEC. 277. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST FUND
ACTIVITIES.
(a) In General.--Part C of subtitle VII is amended by adding at the
end the following:
``CHAPTER 482--ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FACILITIES
``Sec.
``48201. Advance appropriations.
``Sec. 48201. Advance appropriations
``(a) Multiyear Authorizations.--Beginning with fiscal year 1999,
any authorization of appropriations for an activity for which amounts
are to be appropriated from the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of 1986
shall provide funds for a period of not less than 3 fiscal years unless
the activity for which appropriations are authorized is to be concluded
before the end of that period.
``(b) Multiyear Appropriations.--Beginning with fiscal year 1999,
amounts appropriated from the Airport and Airway Trust Fund shall be
appropriated for periods of 3 fiscal years rather than annually.''.
(b) Conforming Amendment.--The analysis for subtitle VII is amended
by inserting after the item relating to chapter 481 the following:
[[Page 110 STAT. 3249]]
``482. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FACILITIES.....................................................48201.''.
SEC. 278. RURAL AIR SERVICE SURVIVAL ACT.
(a) Short Title.--This <<NOTE: 49 USC 40101 note.>> section may be
cited as the ``Rural Air Service Survival Act''.
(b) Findings.--Congress <<NOTE: 49 USC 41742 note.>> finds that--
(1) air service in rural areas is essential to a national
and international transportation network;
(2) the rural air service infrastructure supports the safe
operation of all air travel;
(3) rural air service creates economic benefits for all air
carriers by making the national aviation system available to
passengers from rural areas;
(4) rural air service has suffered since deregulation;
(5) the essential air service program under the Department
of Transportation--
(A) provides essential airline access to rural and
isolated rural communities throughout the Nation;
(B) is necessary for the economic growth and
development of rural communities;
(C) is a critical component of the national and
international transportation system of the United
States; and
(D) has endured serious funding cuts in recent
years; and
(6) a reliable source of funding must be established to
maintain air service in rural areas and the essential air
service program.
(c) Essential Air Service Authorization.--Section 41742 is amended
to read as follows:
``Sec. 41742. Essential air service authorization
``(a) In General.--Out of the amounts received by the Federal
Aviation Administration credited to the account established under
section 45303 of this title or otherwise provided to the Administration,
the sum of $50,000,000 is authorized and shall be made available
immediately for obligation and expenditure to carry out the essential
air service program under this subchapter for each fiscal year.
``(b) Funding for Small Community Air Service.--Notwithstanding any
other provision of law, moneys credited to the account established under
section 45303(a) of this title, including the funds derived from fees
imposed under the authority contained in section 45301(a) of this title,
shall be used to carry out the essential air service program under this
subchapter. Notwithstanding section 47114(g) of this title, any amounts
from those fees that are not obligated or expended at the end of the
fiscal year for the purpose of funding the essential air service program
under this subchapter shall be made available to the Administration for
use in improving rural air safety under subchapter I of chapter 471 of
this title and shall be used exclusively for projects at rural airports
under this subchapter.
``(c) Special Rule for Fiscal Year 1997.--Notwithstanding
subsections (a) and (b), in fiscal year 1997, amounts in excess of
$75,000,000 that are collected in fees pursuant to section 45301(a)(1)
of this title shall be available for the essential air service program
under this subchapter, in addition to amounts specifically provided for
in appropriations Acts.''.
[[Page 110 STAT. 3250]]
(d) Conforming Amendment.--The table of sections for chapter 417 is
amended by striking the item relating to section 41742 and inserting the
following:
``41742. Essential air service authorization.''.
TITLE III--AVIATION SECURITY
SEC. 301. REPORT INCLUDING PROPOSED LEGISLATION ON FUNDING FOR AIRPORT
SECURITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration, in cooperation with other appropriate persons, shall
conduct a study and submit to Congress a report on whether, and if so
how, to transfer certain responsibilities of air carriers under Federal
law for security activities conducted onsite at commercial service
airports to airport operators or to the Federal Government or to provide
for shared responsibilities between air carriers and airport operators
or the Federal Government.
(b) Contents of Report.--The report submitted under this section
shall--
(1) examine potential sources of Federal and non-Federal
revenue that may be used to fund security activities, including
providing grants from funds received as fees collected under a
fee system established under subtitle C of title II of this Act
and the amendments made by that subtitle; and
(2) provide legislative proposals, if necessary, for
accomplishing the transfer of responsibilities referred to in
subsection (a).
SEC. 302. <<NOTE: 49 USC 44935 note.>> CERTIFICATION OF SCREENING
COMPANIES.
The Administrator of the Federal Aviation Administration is directed
to certify companies providing security screening and to improve the
training and testing of security screeners through development of
uniform performance standards for providing security screening services.
SEC. 303. <<NOTE: 49 USC 44913 note.>> WEAPONS AND EXPLOSIVE DETECTION
STUDY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the Director of the
National Academy of Sciences (or if the National Academy of Sciences is
not available, the head of another equivalent entity) to conduct a study
in accordance to this section.
(b) Panel of Experts.--
(1) In general.--In carrying out a study under this section,
the Director of the National Academy of Sciences (or the head of
another equivalent entity) shall establish a panel (hereinafter
in this section referred to as the ``panel'').
(2) Expertise.--Each member of the panel shall have
expertise in weapons and explosive detection technology,
security, air carrier and airport operations, or another
appropriate area. The Director of the National Academy of
Sciences (or the head of another equivalent entity) shall ensure
that the panel has an appropriate number of representatives of
the areas specified in the preceding sentence.
(c) Study.--The panel, in consultation with the National Science and
Technology Council, representatives of appropriate
[[Page 110 STAT. 3251]]
Federal agencies, and appropriate members of the private sector, shall--
(1) assess the weapons and explosive detection technologies
that are available at the time of the study that are capable of
being effectively deployed in commercial aviation;
(2) determine how the technologies referred to in paragraph
(1) may more effectively be used for promotion and improvement
of security at airport and aviation facilities and other secured
areas;
(3) assess the cost and advisability of requiring hardened
cargo containers as a way to enhance aviation security and
reduce the required sensitivity of bomb detection equipment; and
(4) on the basis of the assessments and determinations made
under paragraphs (1), (2), and (3), identify the most promising
technologies for the improvement of the efficiency and cost-
effectiveness of weapons and explosive detection.
(d) Cooperation.--The National Science and Technology Council shall
take such actions as may be necessary to facilitate, to the maximum
extent practicable and upon request of the Director of the National
Academy of Sciences (or the head of another equivalent entity), the
cooperation of representatives of appropriate Federal agencies, as
provided for in subsection (c), in providing the panel, for the study
under this section--
(1) expertise; and
(2) to the extent allowable by law, resources and
facilities.
(e) Reports.--The Director of the National Academy of Sciences (or
the head of another equivalent entity) shall, pursuant to an arrangement
entered into under subsection (a), submit to the Administrator such
reports as the Administrator considers to be appropriate. Upon receipt
of a report under this subsection, the Administrator shall submit a copy
of the report to the appropriate committees of Congress.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 1997 through 2001 such sums as may
be necessary to carry out this section.
SEC. 304. REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) In General.--Section 44936(a)(1) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(1)'' and inserting ``(1)(A)''; and
(3) by adding at the end the following:
``(B) The Administrator shall require by regulation that an
employment investigation (including a criminal history record check in
any case described in subparagraph (C)) be conducted for--
``(i) individuals who will be responsible for screening
passengers or property under section 44901 of this title;
``(ii) supervisors of the individuals described in clause
(i); and
``(iii) such other individuals who exercise security
functions associated with baggage or cargo, as the Administrator
determines is necessary to ensure air transportation security.
``(C) Under the regulations issued under subparagraph (B), a
criminal history record check shall be conducted in any case in which--
[[Page 110 STAT. 3252]]
``(i) an employment investigation reveals a gap in
employment of 12 months or more that the individual who is the
subject of the investigation does not satisfactorily account
for;
``(ii) such individual is unable to support statements made
on the application of such individual;
``(iii) there are significant inconsistencies in the
information provided on the application of such individual; or
``(iv) information becomes available during the employment
investigation indicating a possible conviction for one of the
crimes listed in subsection (b)(1)(B).
``(D) If an individual requires a criminal history record check
under subparagraph (C), the individual may be employed as a screener
until the check is completed if the individual is subject to
supervision.''.
(b) Applicability.--The <<NOTE: 49 USC 44936 note.>> amendment made
by subsection (a)(3) shall apply to individuals hired to perform
functions described in section 44936(a)(1)(B) of title 49, United States
Code, after the date of the enactment of this Act; except that the
Administrator of the Federal Aviation Administration may, as the
Administrator determines to be appropriate, require such employment
investigations or criminal history records checks for individuals
performing those functions on the date of the enactment of this Act.
SEC. 305. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE EXPLOSIVE
DETECTION EQUIPMENT.
(a) In General.--Section 44913(a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Until such time as the Administrator determines that equipment
certified under paragraph (1) is commercially available and has
successfully completed operational testing as provided in paragraph (1),
the Administrator shall facilitate the deployment of such approved
commercially available explosive detection devices as the Administrator
determines will enhance aviation security significantly. The
Administrator shall require that equipment deployed under this paragraph
be replaced by equipment certified under paragraph (1) when equipment
certified under paragraph (1) becomes commercially available. The
Administrator is authorized, based on operational considerations at
individual airports, to waive the required installation of commercially
available equipment under paragraph (1) in the interests of aviation
security. The Administrator may permit the requirements of this
paragraph to be met at airports by the deployment of dogs or other
appropriate animals to supplement equipment for screening passengers,
baggage, mail, or cargo for explosives or weapons.''.
(b) Agreements.--The <<NOTE: 49 USC 44901 note.>> Administrator is
authorized to use noncompetitive or cooperative agreements with air
carriers and airport authorities that provide for the Administrator to
purchase and assist in installing advanced security equipment for the
use of such entities.
SEC. 306. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR CERTAIN
PERSONNEL.
Section 44936(a) is amended by adding at the end the following:
``(3) The Administrator shall provide for the periodic audit of the
effectiveness of criminal history record checks conducted under
paragraph (1) of this subsection.''.
[[Page 110 STAT. 3253]]
SEC. 307. <<NOTE: 49 USC 44901 note.>> PASSENGER PROFILING.
The Administrator of the Federal Aviation Administration, the
Secretary of Transportation, the intelligence community, and the law
enforcement community should continue to assist air carriers in
developing computer-assisted passenger profiling programs and other
appropriate passenger profiling programs which should be used in
conjunction with other security measures and technologies.
SEC. 308. <<NOTE: 49 USC 44901 note.>> AUTHORITY TO USE CERTAIN FUNDS
FOR AIRPORT SECURITY PROGRAMS AND ACTIVITIES.
(a) In General.--Notwithstanding any other provision of law, funds
referred to in subsection (b) may be used for the improvement of
facilities and the purchase and deployment of equipment to enhance and
ensure the safety and security of passengers and other persons involved
in air travel.
(b) Covered Funds.--The following funds may be used under subsection
(a):
(1) Project grants made under subchapter I of chapter 471 of
title 49, United States Code.
(2) Passenger facility fees collected under section 40117 of
title 49, United States Code.
SEC. 309. <<NOTE: 49 USC 44931 note.>> DEVELOPMENT OF AVIATION SECURITY
LIAISON AGREEMENT.
The Secretary of Transportation and the Attorney General, acting
through the Administrator of the Federal Aviation Administration and the
Director of the Federal Bureau of Investigation, shall enter into an
interagency agreement providing for the establishment of an aviation
security liaison at existing appropriate Federal agencies' field offices
in or near cities served by a designated high-risk airport.
SEC. 310. <<NOTE: 49 USC 44904 note.>> REGULAR JOINT THREAT ASSESSMENTS.
The Administrator of the Federal Aviation Administration and the
Director of the Federal Bureau of Investigation shall carry out joint
threat and vulnerability assessments on security every 3 years, or more
frequently, as necessary, at each airport determined to be high risk.
SEC. 311. BAGGAGE MATCH REPORT.
(a) Report.--If a bag match pilot program is carried out as
recommended by the White House Conference on Aviation Safety and
Security, not later than the 30th day following the date of completion
of the pilot program, the Administrator of the Federal Aviation
Administration shall submit to Congress a report on the safety,
effectiveness, and operational effectiveness of the pilot program. The
report shall also assess the extent to which implementation of baggage
match requirements (coupled with the best available technologies and
methodologies, such as passenger profiling) enhance domestic aviation
security.
(b) Sense of the Senate.--It is the sense of the Senate that the
Administrator should work with airports and air carriers to develop, to
the extent feasible, effective domestic bag matching proposals.
SEC. 312. ENHANCED SECURITY PROGRAMS.
(a) In General.--Chapter 449 is amended by adding at the end of
subchapter I the following:
[[Page 110 STAT. 3254]]
``Sec. 44916. Assessments and evaluations
``(a) Periodic Assessments.--The Administrator shall require each
air carrier and airport (including the airport owner or operator in
cooperation with the air carriers and vendors serving each airport) that
provides for intrastate, interstate, or foreign air transportation to
conduct periodic vulnerability assessments of the security systems of
that air carrier or airport, respectively. The Administration shall
perform periodic audits of such assessments.
``(b) Investigations.--The Administrator shall conduct periodic and
unannounced inspections of security systems of airports and air carriers
to determine the effectiveness and vulnerabilities of such systems. To
the extent allowable by law, the Administrator may provide for anonymous
tests of those security systems.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 44915 the
following:
``44916. Assessments and evaluations.''.
SEC. 313. REPORT ON AIR CARGO.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Transportation shall transmit to Congress
a report on any changes recommended and implemented as a result of the
White House Commission on Aviation Safety and Security to enhance and
supplement screening and inspection of cargo, mail, and company-shipped
materials transported in air commerce.
(b) Contents.--The report shall include--
(1) an assessment of the effectiveness of the changes
referred to in subsection (a);
(2) an assessment of the oversight by the Federal Aviation
Administration of inspections of shipments of mail and cargo by
domestic and foreign air carriers;
(3) an assessment of the need for additional security
measures with respect to such inspections;
(4) an assessment of the adequacy of inspection and
screening of cargo on passenger air carriers; and
(5) any additional recommendations, and if necessary any
legislative proposals, necessary to carry out additional
changes.
(c) Sense of the Senate.--It is the sense of the Senate that the
inspection of cargo, mail, and company-shipped materials can be
enhanced.
SEC. 314. SENSE OF THE SENATE REGARDING ACTS OF INTERNATIONAL TERRORISM.
(a) Findings.--The Senate finds that--
(1) there has been an intensification in the oppression and
disregard for human life among nations that are willing to
export terrorism;
(2) there has been an increase in attempts by criminal
terrorists to murder airline passengers through the destruction
of civilian airliners and the deliberate fear and death
inflicted through bombings of buildings and the kidnapping of
tourists and Americans residing abroad; and
(3) information widely available demonstrates that a
significant portion of international terrorist activity is
state-sponsored, -organized, -condoned, or -directed.
[[Page 110 STAT. 3255]]
(b) Sense of the Senate.--It is the sense of the Senate that if
evidence establishes beyond a clear and reasonable doubt that any act of
hostility towards any United States citizen was an act of international
terrorism sponsored, organized, condoned, or directed by any nation, a
state of war should be considered to exist or to have existed between
the United States and that nation, beginning as of the moment that the
act of aggression occurs.
TITLE IV--AVIATION SAFETY
SEC. 401. ELIMINATION OF DUAL MANDATE.
(a) Safety Considerations in Public Interest.--
(1) Safety as highest priority.--Section 40101(d) is
amended--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce.''.
(2) Elimination of promotion.--Section 40101(d) is further
amended--
(A) in paragraph (2), as redesignated by paragraph
(1)(A) of this subsection, by striking ``its development
and''; and
(B) in paragraph (3), as so redesignated--
(i) by striking ``promoting, encouraging,''
and inserting ``encouraging''; and
(ii) by inserting before the period at the end
``, including new aviation technology''.
(b) FAA Safety Mission.--
(1) In general.--Section 40104 is amended--
(A) by inserting ``safety of'' before ``air
commerce'' in the section heading;
(B) by inserting ``Safety of'' before ``Air
Commerce'' in the heading of subsection (a); and
(C) by inserting ``safety of'' before ``air
commerce'' in subsection (a).
(2) Clerical amendment.--The table of sections for chapter
401 is amended by striking the item relating to section 40104
and inserting the following:
``40104. Promotion of civil aeronautics and safety of air commerce.''.
SEC. 402. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.
(a) In General.--Chapter 401, as amended by section 253 of this Act,
is further amended by adding at the end the following:
``Sec. 40123. Protection of voluntarily submitted information
``(a) In General.--Notwithstanding any other provision of law,
neither the Administrator of the Federal Aviation Administration, nor
any agency receiving information from the Administrator, shall disclose
voluntarily-provided safety or security related information if the
Administrator finds that--
``(1) the disclosure of the information would inhibit the
voluntary provision of that type of information and that the
[[Page 110 STAT. 3256]]
receipt of that type of information aids in fulfilling the
Administrator's safety and security responsibilities; and
``(2) withholding such information from disclosure would be
consistent with the Administrator's safety and security
responsibilities.
``(b) Regulations.--The Administrator shall issue regulations to
carry out this section.''.
(b) Conforming Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``40123. Protection of voluntarily submitted information.''.
SEC. 403. SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Supplemental Type Certificates.--
``(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type certificate for a
change to an aircraft, aircraft engine, propeller, or appliance.
``(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the aircraft,
aircraft engine, propeller, or appliance with respect to the
previously issued type certificate for the aircraft, aircraft
engine, propeller, or appliance.
``(3) Requirement.--If the holder of a supplemental type
certificate agrees to permit another person to use the
certificate to modify an aircraft, aircraft engine, propeller,
or appliance, the holder shall provide the other person with
written evidence, in a form acceptable to the Administrator, of
that agreement. A person may change an aircraft, aircraft
engine, propeller, or appliance based on a supplemental type
certificate only if the person requesting the change is the
holder of the supplemental type certificate or has permission
from the holder to make the change.''.
SEC. 404. CERTIFICATION OF SMALL AIRPORTS.
(a) In General.--Section 44706(a) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) that is not located in the State of Alaska and serves
any scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less than
31 passenger seats; and'';
(3) by striking ``and'' at the end of paragraph (3), as
redesignated by paragraph (1) of this subsection;
(4) by striking ``(3) when'' and inserting ``if''; and
(5) by moving the matter following paragraph (3), as
redesignated by paragraph (1) of this subsection, to the left
flush full measure.
(b) Commuter Airports.--Section 44706 is amended by adding at the
end the following:
``(d) Commuter Airports.--In developing the terms required by
subsection (b) for airports covered by subsection (a)(2), the
Administrator shall identify and consider a reasonable number of
regulatory alternatives and select from such alternatives the least
costly, most cost-effective or the least burdensome alternative
[[Page 110 STAT. 3257]]
that will provide comparable safety at airports described in subsections
(a)(1) and (a)(2).''.
(c) Effective Date.--Section 44706 is further amended by adding at
the end the following:
``(e) Effective Date.--Any regulation establishing the terms
required by subsection (b) for airports covered by subsection (a)(2)
shall not take effect until such regulation, and a report on the
economic impact of the regulation on air service to the airports covered
by the rule, has been submitted to Congress and 120 days have elapsed
following the date of such submission.''.
(d) Limitation on Statutory Construction.--Section 44706 is further
amended by adding at the end the following:
``(f) Limitation on Statutory Construction.--Nothing in this title
may be construed as requiring a person to obtain an airport operating
certificate if such person does not desire to operate an airport
described in subsection (a).''.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR STATE-SPECIFIC SAFETY
MEASURES.
There are authorized to be appropriated to the Federal Aviation
Administration not more than $10,000,000 for fiscal year 1997 for the
purpose of addressing State-specific aviation safety problems identified
by the National Transportation Safety Board.
SEC. 406. AIRCRAFT ENGINE STANDARDS.
(a) Standards and Regulations.--Subsection (a)(1) of section 44715
is amended to read as follows:
``(a) Standards and Regulations.--(1)(A) To relieve and protect the
public health and welfare from aircraft noise and sonic boom, the
Administrator of the Federal Aviation Administration, as he deems
necessary, shall prescribe--
``(i) standards to measure aircraft noise and sonic
boom; and
``(ii) regulations to control and abate aircraft noise and
sonic boom.
``(B) The Administrator, as the Administrator deems appropriate,
shall provide for the participation of a representative of the
Environmental Protection Agency on such advisory committees or
associated working groups that advise the Administrator on matters
related to the environmental effects of aircraft and aircraft
engines.''.
(b) Interagency Cooperation.--Section 231(a)(2) of the Clean Air Act
(42 U.S.C. 7571(a)(2)) is amended--
(1) by inserting ``(A)'' before ``The Administrator''; and
(2) by adding at the end the following:
``(B)(i) The Administrator shall consult with the Administrator of
the Federal Aviation Administration on aircraft engine emission
standards.
``(ii) The Administrator shall not change the aircraft engine
emission standards if such change would significantly increase noise and
adversely affect safety.''.
SEC. 407. ACCIDENT AND SAFETY DATA CLASSIFICATION; REPORT ON EFFECTS OF
PUBLICATION AND AUTOMATED SURVEILLANCE TARGETING SYSTEMS.
(a) Accident and Safety Data Classification.--
[[Page 110 STAT. 3258]]
(1) In general.--Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 1119. Accident and safety data classification and
publication
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the National Transportation Safety Board
shall, in consultation and coordination with the Administrator of the
Federal Aviation Administration, develop a system for classifying air
carrier accident data maintained by the Board.
``(b) Requirements for Classification System.--
``(1) In general.--The system developed under this section
shall provide for the classification of accident and safety data
in a manner that, in comparison to the system in effect on the
date of the enactment of this section, provides for safety-
related categories that provide clearer descriptions of
accidents associated with air transportation, including a more
refined classification of accidents which involve fatalities,
injuries, or substantial damage and which are only related to
the operation of an aircraft.
``(2) Public comment.--In developing a system of
classification under paragraph (1), the Board shall provide
adequate opportunity for public review and comment.
``(3) Final classification.--After providing for public
review and comment, and after consulting with the Administrator,
the Board shall issue final classifications. The Board shall
ensure that air travel accident covered under this section is
classified in accordance with the final classifications issued
under this section for data for calendar year 1997, and for each
subsequent calendar year.
``(4) Publication.--The Board shall publish on a periodic
basis accident and safety data in accordance with the final
classifications issued under paragraph (3).
``(5) Recommendations of the administrator.--The
Administrator may, from time to time, request the Board to
consider revisions (including additions to the classification
system developed under this section). The Board shall respond to
any request made by the Administrator under this section not
later than 90 days after receiving that request.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 11 of title 49, United States Code, is
amended by adding at the end the following:
``1119. Accident and safety data classification and publication.''.
(b) Automated Surveillance Targeting Systems.--Section 44713 is
amended by adding at the end the following:
``(e) Automated Surveillance Targeting Systems.--
``(1) In general.--The Administrator shall give high
priority to developing and deploying a fully enhanced safety
performance analysis system that includes automated surveillance
to assist the Administrator in prioritizing and targeting
surveillance and inspection activities of the Federal Aviation
Administration.
``(2) Deadlines for deployment.--
``(A) Initial phase.--The initial phase of the
operational deployment of the system developed under
this subsection shall begin not later than December 31,
1997.
[[Page 110 STAT. 3259]]
``(B) Final phase.--The final phase of field
deployment of the system developed under this subsection
shall begin not later than December 31, 1999. By that
date, all principal operations and maintenance
inspectors of the Administration, and appropriate
supervisors and analysts of the Administration shall
have been provided access to the necessary information
and resources to carry out the system.
``(3) Integration of information.--In developing the system
under this section, the Administration shall consider the near-
term integration of accident and incident data into the safety
performance analysis system under this subsection.''.
TITLE V--PILOT <<NOTE: Pilot Records Improvement Act of 1996.>> RECORD
SHARING
SEC. 501. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``Pilot Records Improvement Act of
1996''.
SEC. 502. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.
(a) In General.--Section 44936 is amended by adding at the end the
following:
``(f) Records of Employment of Pilot Applicants.--
``(1) In general.--Before hiring an individual as a pilot,
an air carrier shall request and receive the following
information:
``(A) FAA records.--From the Administrator of the
Federal Aviation Administration, records pertaining to
the individual that are maintained by the Administrator
concerning--
``(i) current airman certificates (including
airman medical certificates) and associated type
ratings, including any limitations to those
certificates and
ratings; and
``(ii) summaries of legal enforcement actions
resulting in a finding by the Administrator of a
violation of this title or a regulation prescribed
or order issued under this title that was not
subsequently overturned.
``(B) Air carrier and other records.--From any air
carrier or other person that has employed the individual
at any time during the 5-year period preceding the date
of the employment application of the individual, or from
the trustee in bankruptcy for such air carrier or
person--
``(i) records pertaining to the individual
that are maintained by an air carrier (other than
records relating to flight time, duty time, or
rest time) under regulations set forth in--
``(I) section 121.683 of title 14,
Code of Federal Regulations;
``(II) paragraph (A) of section VI,
appendix I, part 121 of such title;
``(III) paragraph (A) of section IV,
appendix J, part 121 of such title;
``(IV) section 125.401 of such
title; and
``(V) section 135.63(a)(4) of such
title; and
[[Page 110 STAT. 3260]]
``(ii) other records pertaining to the
individual that are maintained by the air carrier
or person
concerning--
``(I) the training, qualifications,
proficiency, or professional competence
of the individual, including comments
and evaluations made by a check airman
designated in accordance with section
121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action taken
with respect to the individual that was
not subsequently overturned; and
``(III) any release from employment
or resignation, termination, or
disqualification with respect to
employment.
``(C) National driver register records.--In
accordance with section 30305(b)(7), from the chief
driver licensing official of a State, information
concerning the motor vehicle driving record of the
individual.
``(2) Written consent; release from liability.--An air
carrier making a request for records under paragraph (1)--
``(A) shall be required to obtain written consent to
the release of those records from the individual that is
the subject of the records requested; and
``(B) may, notwithstanding any other provision of
law or agreement to the contrary, require the individual
who is the subject of the records to request to execute
a release from liability for any claim arising from the
furnishing of such records to or the use of such records
by such air carrier (other than a claim arising from
furnishing information known to be false and maintained
in violation of a criminal statute).
``(3) 5-year reporting period.--A person shall not furnish a
record in response to a request made under paragraph (1) if the
record was entered more than 5 years before the date of the
request, unless the information concerns a revocation or
suspension of an airman certificate or motor vehicle license
that is in effect on the date of the request.
``(4) Requirement to maintain records.--The Administrator
shall maintain pilot records described in paragraph (1)(A) for a
period of at least 5 years.
``(5) Receipt of consent; provision of information.--A
person shall not furnish a record in response to a request made
under paragraph (1) without first obtaining a copy of the
written consent of the individual who is the subject of the
records requested. A person who receives a request for records
under this paragraph shall furnish a copy of all of such
requested records maintained by the person not later than 30
days after receiving the request.
``(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records under
paragraph (1) shall provide to the individual who is the subject
of the records--
``(A) on or before the 20th day following the date
of receipt of the request, written notice of the request
and of the individual's right to receive a copy of such
records; and
[[Page 110 STAT. 3261]]
``(B) in accordance with paragraph (10), a copy of
such records, if requested by the individual.
``(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request under
paragraph (1) or (6) may establish a reasonable charge for the
cost of processing the request and furnishing copies of the
requested records.
``(8) Standard forms.--The Administrator shall
promulgate--
``(A) standard forms that may be used by an air
carrier to request records under paragraph (1); and
``(B) standard forms that may be used by an air
carrier to--
``(i) obtain the written consent of the
individual who is the subject of a request under
paragraph (1); and
``(ii) inform the individual of--
``(I) the request; and
``(II) the individual right of that
individual to receive a copy of any
records furnished in response to the
request.
``(9) Right to correct inaccuracies.--An air carrier that
maintains or requests and receives the records of an individual
under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written comments to correct any
inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
``(10) Right of pilot to review certain records.--
Notwithstanding any other provision of law or agreement, an air
carrier shall, upon written request from a pilot employed by
such carrier, make available, within a reasonable time of the
request, to the pilot for review, any and all employment records
referred to in paragraph (1)(B) (i) or (ii) pertaining to the
employment of the pilot.
``(11) Privacy protections.--An air carrier that receives
the records of an individual under paragraph (1) may use such
records only to assess the qualifications of the individual in
deciding whether or not to hire the individual as a pilot. The
air carrier shall take such actions as may be necessary to
protect the privacy of the pilot and the confidentiality of the
records, including ensuring that information contained in the
records is not divulged to any individual that is not directly
involved in the hiring decision.
``(12) Periodic review.--Not later than 18 months after the
date of the enactment of the Pilot Records Improvement Act of
1996, and at least once every 3 years thereafter, the
Administrator shall transmit to Congress a statement that
contains, taking into account recent developments in the
aviation industry--
``(A) recommendations by the Administrator
concerning proposed changes to Federal Aviation
Administration records, air carrier records, and other
records required to be furnished under subparagraphs (A)
and (B) of paragraph (1); or
``(B) reasons why the Administrator does not
recommend any proposed changes to the records referred
to in subparagraph (A).
[[Page 110 STAT. 3262]]
``(13) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect--
``(i) the personal privacy of any individual
whose records are requested under paragraph (1);
and
``(ii) the confidentiality of those records;
``(B) to preclude the further dissemination of
records received under paragraph (1) by the person who
requested those records; and
``(C) to ensure prompt compliance with any request
made under paragraph (1).
``(g) Limitation on Liability; Preemption of State Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who has applied for
or is seeking a position with an air carrier as a pilot and who
has signed a release from liability, as provided for under
paragraph (2), against--
``(A) the air carrier requesting the records of that
individual under subsection (f)(1);
``(B) a person who has complied with such request;
``(C) a person who has entered information contained
in the individual's records; or
``(D) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy,
negligence, interference with contract, or otherwise, or under
any Federal or State law with respect to the furnishing or use
of such records in accordance with subsection (f).
``(2) Preemption.--No State or political subdivision thereof
may enact, prescribe, issue, continue in effect, or enforce any
law (including any regulation, standard, or other provision
having the force and effect of law) that prohibits, penalizes,
or imposes liability for furnishing or using records in
accordance with subsection (f).
``(3) Provision of knowingly false information.--Paragraphs
(1) and (2) shall not apply with respect to a person who
furnishes information in response to a request made under
subsection (f)(1), that--
``(A) the person knows is false; and
``(B) was maintained in violation of a criminal
statute of the United States.
``(h) Limitation on Statutory Construction.--Nothing in subsection
(f) shall be construed as precluding the availability of the records of
a pilot in an investigation or other proceeding concerning an accident
or incident conducted by the Administrator, the National Transportation
Safety Board, or a court.''.
(b) Conforming Amendments.--Section 30305(b) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the individual
under paragraph (2) to the prospective employer of the
individual or to the Secretary of Transportation. Information
may not be obtained from the National Driver Register under this
subsection if the information was entered in the Register more
than 5 years before the request unless the information is about
[[Page 110 STAT. 3263]]
a revocation or suspension still in effect on the date of the
request.''.
(c) Civil Penalties.--Section 46301, as amended by section 1220(b)
of this Act, is further amended--
(1) in each of subsections (a)(1)(A), (d)(2), and
(f)(1)(A)(i) by inserting ``44724,'' after ``44718(d),''; and
(2) in subsection (a)(2)(A) by inserting ``44724,'' after
``44716,''.
(d) Applicability.--The <<NOTE: Effective date.>> amendments made by
this section shall apply <<NOTE: 49 USC 30305 note.>> to any air carrier
hiring an individual as a pilot whose application was first received by
the carrier on or after the 120th day following the date of the
enactment of this Act.
SEC. 503. <<NOTE: 49 USC 44935 note.>> STUDIES OF MINIMUM STANDARDS FOR
PILOT QUALIFICATIONS AND OF PAY FOR TRAINING.
(a) Study.--The Administrator of the Federal Aviation Administration
shall appoint a task force consisting of appropriate representatives of
the aviation industry to conduct--
(1) a study directed toward the development of--
(A) standards and criteria for preemployment
screening tests measuring the psychomotor coordination,
general intellectual capacity, instrument and mechanical
comprehension, and physical and mental fitness of an
applicant for employment as a pilot by an air carrier;
and
(B) standards and criteria for pilot training
facilities to be licensed by the Administrator and which
will assure that pilots trained at such facilities meet
the preemployment screening standards and criteria
described in subparagraph (A); and
(2) a study to determine if the practice of some air
carriers to require employees or prospective employees to pay
for the training or experience that is needed to perform flight
check duties for an air carrier is in the public interest.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator shall transmit to Congress a report on
the results of the study conducted under subsection (a)(2).
SEC. 504. <<NOTE: 49 USC 44935 note.>> STUDY OF MINIMUM FLIGHT TIME.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a study to determine whether current minimum flight time
requirements applicable to individuals seeking employment as a pilot
with an air carrier are sufficient to ensure public safety.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator shall transmit to Congress a report on
the results of the study.
TITLE <<NOTE: Child Pilot Safety Act.>> VI--CHILD PILOT SAFETY
SEC. 601. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``Child Pilot Safety Act''.
SEC. 602. CHILD PILOT SAFETY.
(a) Manipulation of Flight Controls.--
(1) In General.--Chapter 447 is amended by adding at the end
the following:
[[Page 110 STAT. 3264]]
``Sec. 44724. Manipulation of flight controls
``(a) Prohibition.--No pilot in command of an aircraft may allow an
individual who does not hold--
``(1) a valid private pilots certificate issued by the
Administrator of the Federal Aviation Administration under part
61 of title 14, Code of Federal Regulations; and
``(2) the appropriate medical certificate issued by the
Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should
have known that the individual is attempting to set a record or engage
in an aeronautical competition or aeronautical feat, as defined by the
Administrator.
``(b) Revocation of Airmen Certificates.--The Administrator shall
issue an order revoking a certificate issued to an airman under section
44703 of this title if the Administrator finds that while acting as a
pilot in command of an aircraft, the airman has permitted another
individual to manipulate the controls of the aircraft in violation of
subsection (a).
``(c) Pilot in Command Defined.--In this section, the term `pilot in
command' has the meaning given such term by section 1.1 of title 14,
Code of Federal Regulations.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``44724. Manipulation of flight controls.''.
(b) Children Flying Aircraft.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the impacts of children
flying aircraft.
(2) Considerations.--In conducting the study, the
Administrator shall consider the effects of imposing any
restrictions on children flying aircraft on safety and on the
future of general aviation in the United States.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall issue a report
containing the results of the study, together with
recommendations on--
(A) whether the restrictions established by the
amendment made by subsection (a)(1) should be modified
or repealed; and
(B) whether certain individuals or groups should be
exempt from any age, altitude, or other restrictions
that the Administrator may impose by regulation.
(4) Regulations.--As a result of the findings of the study,
the Administrator may issue regulations imposing age, altitude,
or other restrictions on children flying aircraft.
TITLE <<NOTE: Aviation Disaster Family Assistance Act of 1996. 49 USC
40101 note.>> VII--FAMILY ASSISTANCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Aviation Disaster Family Assistance
Act of 1996''.
[[Page 110 STAT. 3265]]
SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.
(a) Authority To Provide Assistance.--
(1) In general.--Subchapter III of chapter 11 is amended by
adding at the end the following:
``Sec. 1136. Assistance to families of passengers involved in
aircraft accidents
``(a) In General.--As soon as practicable after being notified of an
aircraft accident within the United States involving an air carrier or
foreign air carrier and resulting in a major loss of life, the Chairman
of the National Transportation Safety Board shall--
``(1) designate and publicize the name and phone number of a
director of family support services who shall be an employee of
the Board and shall be responsible for acting as a point of
contact within the Federal Government for the families of
passengers involved in the accident and a liaison between the
air carrier or foreign air carrier and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and posttrauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families of
passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for facilitating the recovery and identification
of fatally-injured passengers involved in an accident described in
subsection (a).
``(c) Responsibilities of Designated Organization.--The organization
designated for an accident under subsection (a)(2) shall have the
following responsibilities with respect to the families of passengers
involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the air carrier
or foreign air carrier involved.
``(2) To take such actions as may be necessary to provide an
environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization, in
consultation with the director of family support services
designated for the accident under subsection (a)(1), determines
that further assistance is no longer needed.
``(4) To communicate with the families as to the roles of
the organization, government agencies, and the air carrier or
foreign air carrier involved with respect to the accident and
the post-accident activities.
``(5) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support
services.--It shall be the responsibility of the
director of family support services designated for an
accident under subsection (a)(1) to request, as soon as
practicable, from the air carrier or foreign air carrier
involved in the accident
[[Page 110 STAT. 3266]]
a list, which is based on the best available information
at the time of the request, of the names of the
passengers that were aboard the aircraft involved in the
accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the air carrier or foreign air
carrier involved in the accident a list described in
subparagraph (A).
``(2) Use of information.--The director of family support
services and the organization may not release to any person
information on a list obtained under paragraph (1) but may
provide information on the list about a passenger to the family
of the passenger to the extent that the director of family
support services or the organization considers appropriate.
``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
``(1) are briefed, prior to any public briefing, about the
accident, its causes, and any other findings from the
investigation; and
``(2) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the accident.
``(f) Use of Air Carrier Resources.--To the extent practicable, the
organization designated for an accident under subsection (a)(2) shall
coordinate its activities with the air carrier or foreign air carrier
involved in the accident so that the resources of the carrier can be
used to the greatest extent possible to carry out the organization's
responsibilities under this section.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision) may impede the ability of the
Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection (a)(2),
to carry out its responsibilities under this section or the
ability of the families of passengers involved in the accident
to have contact with one another.
``(2) Unsolicited communications.--In the event of an
accident involving an air carrier providing interstate or
foreign air transportation, no unsolicited communication
concerning a potential action for personal injury or wrongful
death may be made by an attorney or any potential party to the
litigation to an individual injured in the accident, or to a
relative of an individual involved in the accident, before the
30th day following the date of the accident.
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Aircraft accident.--The term `aircraft accident' means
any aviation disaster regardless of its cause or suspected
cause.
``(2) Passenger.--The term `passenger' includes an employee
of an air carrier aboard an aircraft.''.
[[Page 110 STAT. 3267]]
(2) Conforming amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1135 the following:
``1136. Assistance to families of passengers involved in aircraft
accidents.''.
(b) Penalties.--Section 1155(a)(1) of such title is amended--
(1) by striking ``or 1134(b) or (f)(1)'' and inserting ``,
section 1134(b), section 1134(f)(1), or section 1136(g)''; and
(2) by striking ``either of'' and inserting ``any of''.
SEC. 703. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS
INVOLVED IN AIRCRAFT ACCIDENTS.
(a) In General.--Chapter 411 is amended by adding at the end the
following:
``Sec. 41113. Plans to address needs of families of passengers involved
in aircraft accidents
``(a) Submission of Plans.--Not later than 6 months after the date
of the enactment of this section, each air carrier holding a certificate
of public convenience and necessity under section 41102 of this title
shall submit to the Secretary and the Chairman of the National
Transportation Safety Board a plan for addressing the needs of the
families of passengers involved in any aircraft accident involving an
aircraft of the air carrier and resulting in a major loss of life.
``(b) Contents of Plans.--A plan to be submitted by an air carrier
under subsection (a) shall include, at a minimum, the
following:
``(1) A plan for publicizing a reliable, toll-free telephone
number, and for providing staff, to handle calls from the
families of the passengers.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, either by utilizing the services of the
organization designated for the accident under section
1136(a)(2) of this title or the services of other suitably
trained individuals.
``(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as the
air carrier has verified that the passenger was aboard the
aircraft (whether or not the names of all of the passengers have
been verified) and, to the extent practicable, in person.
``(4) An assurance that the air carrier will provide to the
director of family support services designated for the accident
under section 1136(a)(1) of this title, and to the organization
designated for the accident under section 1136(a)(2) of this
title, immediately upon request, a list (which is based on the
best available information at the time of the request) of the
names of the passengers aboard the aircraft (whether or not such
names have been verified), and will periodically update the
list.
``(5) An assurance that the family of each passenger will be
consulted about the disposition of all remains and personal
effects of the passenger within the control of the air carrier.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control of
the air carrier (regardless of its condition) will be returned
to the family unless the possession is needed for the accident
investigation or any criminal investigation.
[[Page 110 STAT. 3268]]
``(7) An assurance that any unclaimed possession of a
passenger within the control of the air carrier will be retained
by the air carrier for at least 18 months.
``(8) An assurance that the family of each passenger
will be consulted about construction by the air carrier of any
monument to the passengers, including any inscription on the
monument.
``(9) An assurance that the treatment of the families of
nonrevenue passengers (and any other victim of the accident)
will be the same as the treatment of the families of revenue
passengers.
``(10) An assurance that the air carrier will work with any
organization designated under section 1136(a)(2) of this title
on an ongoing basis to ensure that families of passengers
receive an appropriate level of services and assistance
following each accident.
``(11) An assurance that the air carrier will provide
reasonable compensation to any organization designated under
section 1136(a)(2) of this title for services provided by the
organization.
``(12) An assurance that the air carrier will assist the
family of a passenger in traveling to the location of the
accident and provide for the physical care of the family while
the family is staying at such location.
``(13) An assurance that the air carrier will commit
sufficient resources to carry out the plan.
``(c) Certificate Requirement.--After the date that is 6 months
after the date of the enactment of this section, the Secretary may not
approve an application for a certificate of public convenience and
necessity under section 41102 of this title unless the applicant has
included as part of such application a plan that meets the requirements
of subsection (b).
``(d) Limitation on Liability.--An air carrier shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of the air carrier in preparing or providing a
passenger list pursuant to a plan submitted by the air carrier under
subsection (b), unless such liability was caused by conduct of the air
carrier which was grossly negligent or which constituted intentional
misconduct.
``(e) Aircraft Accident and Passenger Defined.--In this section, the
terms `aircraft accident' and `passenger' have the meanings such terms
have in section 1136 of this title.''.
(b) Conforming Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``41113. Plans to address needs of families of passengers involved in
aircraft
accidents.''.
SEC. 704. <<NOTE: 49 USC 41113 note.>> ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Secretary of Transportation, in cooperation
with the National Transportation Safety Board, the Federal Emergency
Management Agency, the American Red Cross, air carriers, and families
which have been involved in aircraft accidents shall establish a task
force consisting of representatives of such entities and families,
representatives of air carrier employees, and representatives of such
other entities as the Secretary considers appropriate.
(b) Guidelines and Recommendations.--The task force established
pursuant to subsection (a) shall develop--
[[Page 110 STAT. 3269]]
(1) guidelines to assist air carriers in responding to
aircraft accidents;
(2) recommendations on methods to ensure that attorneys and
representatives of media organizations do not intrude on the
privacy of families of passengers involved in an aircraft
accident;
(3) recommendations on methods to ensure that the families
of passengers involved in an aircraft accident who are not
citizens of the United States receive appropriate assistance;
(4) recommendations on methods to ensure that State mental
health licensing laws do not act to prevent out-of-state mental
health workers from working at the site of an aircraft accident
or other related sites;
(5) recommendations on the extent to which military experts
and facilities can be used to aid in the identification of the
remains of passengers involved in an aircraft accident; and
(6) recommendations on methods to improve the timeliness of
the notification provided by air carriers to the families of
passengers involved in an aircraft accident, including--
(A) an analysis of the steps that air carriers would
have to take to ensure that an accurate list of
passengers on board the aircraft would be available
within 1 hour of the accident and an analysis of such
steps to ensure that such list would be available within
3 hours of the accident;
(B) an analysis of the added costs to air carriers
and travel agents that would result if air carriers were
required to take the steps described in subparagraph
(A);
(C) an analysis of any inconvenience to passengers,
including flight delays, that would result if air
carriers were required to take the steps described in
subparagraph (A); and
(D) an analysis of the implications for personal
privacy that would result if air carriers were required
to take the steps described in subparagraph (A).
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the model plan and recommendations developed by the task
force under subsection (b).
SEC. 705. <<NOTE: 49 USC 41113 note.>> LIMITATION ON STATUTORY
CONSTRUCTION.
Nothing in this title or any amendment made by this title may be
construed as limiting the actions that an air carrier may take, or the
obligations that an air carrier may have, in providing assistance to the
families of passengers involved in an aircraft accident.
TITLE <<NOTE: Airport Revenue Protection Act of 1996.>> VIII--AIRPORT
REVENUE PROTECTION
SEC. 801. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``Airport Revenue Protection Act of
1996''.
[[Page 110 STAT. 3270]]
SEC. 802. <<NOTE: 49 USC 47107 note.>> FINDINGS; PURPOSE.
(a) In General.--Congress finds that--
(1) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport
as a condition of receiving a project grant;
(2) a grant recipient that uses airport revenue for purposes
that are not airport related in a manner inconsistent with
chapter 471 of title 49, United States Code, illegally diverts
airport revenues;
(3) any diversion of airport revenues in violation of the
condition referred to in paragraph (1) undermines the interest
of the United States in promoting a strong national air
transportation system that is responsive to the needs of airport
users;
(4) the Secretary and the Administrator have not enforced
airport revenue diversion rules adequately and must have
additional regulatory tools to increase enforcement efforts; and
(5) sponsors who have been found to have illegally diverted
airport revenues--
(A) have not reimbursed or made restitution to
airports in a timely manner; and
(B) must be encouraged to do so.
(b) Purpose.--The purpose of this title is to ensure that airport
users are not burdened with hidden taxation for unrelated municipal
services and activities by--
(1) eliminating the ability of any State or political
subdivision thereof that is a recipient of a project grant to
divert airport revenues for purposes that are not related to an
airport, in violation of section 47107 of title 49, United
States Code;
(2) imposing financial reporting requirements that are
designed to identify instances of illegal diversions referred to
in paragraph (1);
(3) establishing a statute of limitations for airport
revenue diversion actions;
(4) clarifying limitations on revenue diversion that are
permitted under chapter 471 of title 49, United States Code; and
(5) establishing clear penalties and enforcement mechanisms
for identifying and prosecuting airport revenue diversion.
SEC. 803. <<NOTE: 49 USC 47107 note.>> DEFINITIONS.
For purposes of this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Airport.--The term ``airport'' has the meaning provided
that term in section 47102(2) of title 49, United States Code.
(3) Project grant.--The term ``project grant'' has the
meaning provided that term in section 47102(14) of title 49,
United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Sponsor.--The term ``sponsor'' has the meaning provided
that term in section 47102(19) of title 49, United States Code.
[[Page 110 STAT. 3271]]
SEC. 804. RESTRICTION ON USE OF AIRPORT REVENUES.
(a) In General.--Subchapter I of chapter 471, as amended by section
142 of this Act, is further amended by adding after section 47132 the
following:
``Sec. 47133. Restriction on use of revenues
``(a) Prohibition.--Local taxes on aviation fuel (except taxes in
effect on December 30, 1987) or the revenues generated by an airport
that is the subject of Federal assistance may not be expended for any
purpose other than the capital or operating
costs of--
``(1) the airport;
``(2) the local airport system; or
``(3) any other local facility that is owned or operated by
the person or entity that owns or operates the airport that is
directly and substantially related to the air transportation of
passengers or property.
``(b) Exceptions.--Subsection (a) shall not apply if a provision
enacted not later than September 2, 1982, in a law controlling financing
by the airport owner or operator, or a covenant or assurance in a debt
obligation issued not later than September 2, 1982, by the owner or
operator, provides that the revenues, including local taxes on aviation
fuel at public airports, from any of the facilities of the owner or
operator, including the airport, be used to support not only the airport
but also the general debt obligations or other facilities of the owner
or operator.
``(c) Rule of Construction.--Nothing in this section may be
construed to prevent the use of a State tax on aviation fuel to support
a State aviation program or the use of airport revenue on or off the
airport for a noise mitigation purpose.''.
(b) Penalties.--Section 46301(a)(5) is amended to read as
follows:
``(5) Penalty for diversion of aviation revenues.--The
amount of a civil penalty assessed under this section for a
violation of section 47107(b) of this title (or any assurance
made under such section) or section 47133 of this title may be
increased above the otherwise applicable maximum amount under
this section to an amount not to exceed 3 times the amount of
revenues that are used in violation of such section.''.
(c) Conforming Amendment.--The table of sections for such subchapter
is amended by inserting after the item relating to section 47132, as
added by section 142 of this Act, the following:
``47133. Restriction on use of revenues.''.
SEC. 805. REGULATIONS; AUDITS AND ACCOUNTABILITY.
(a) In General.--Section 47107 is amended by adding at the end the
following:
``(m) Audit Certification.--
``(1) In general.--The Secretary of Transportation, acting
through the Administrator of the Federal Aviation
Administration, shall promulgate regulations that require a
recipient of a project grant (or any other recipient of Federal
financial assistance that is provided for an airport) to include
as part of an annual audit conducted under sections 7501 through
7505 of title 31, a review and opinion of the review concerning
the funding activities with respect to an airport that is the
subject of the project grant (or other Federal financial
[[Page 110 STAT. 3272]]
assistance) and the sponsors, owners, or operators (or other
recipients) involved.
``(2) Content of review.--A review conducted under paragraph
(1) shall provide reasonable assurances that funds paid or
transferred to sponsors are paid or transferred in a manner
consistent with the applicable requirements of this chapter and
any other applicable provision of law (including regulations
promulgated by the Secretary or the Administrator).
``(3) Requirements for audit report.--The report submitted
to the Secretary under this subsection shall include a specific
determination and opinion regarding the appropriateness of the
disposition of airport funds paid or transferred to a sponsor.
``(n) Recovery of Illegally Diverted Funds.--
``(1) In general.--Not later than 180 days after the
issuance of an audit or any other report that identifies an
illegal diversion of airport revenues (as determined under
subsections (b) and (l) and section 47133), the Secretary,
acting through the Administrator, shall--
``(A) review the audit or report;
``(B) perform appropriate factfinding; and
``(C) conduct a hearing and render a final
determination concerning whether the illegal diversion
of airport revenues asserted in the audit or report
occurred.
``(2) Notification.--Upon making such a finding, the
Secretary, acting through the Administrator, shall provide
written notification to the sponsor and the airport of--
``(A) the finding; and
``(B) the obligations of the sponsor to reimburse
the airport involved under this paragraph.
``(3) Administrative action.--The Secretary may withhold any
amount from funds that would otherwise be made available to the
sponsor, including funds that would otherwise be made available
to a State, municipality, or political subdivision thereof
(including any multimodal transportation agency or transit
authority of which the sponsor is a member entity) as part of an
apportionment or grant made available pursuant to this title, if
the sponsor--
``(A) receives notification that the sponsor is
required to reimburse an airport; and
``(B) has had an opportunity to reimburse the
airport, but has failed to do so.
``(4) Civil action.--If a sponsor fails to pay an amount
specified under paragraph (3) during the 180-day period
beginning on the date of notification and the Secretary is
unable to withhold a sufficient amount under paragraph (3), the
Secretary, acting through the Administrator, may initiate a
civil action under which the sponsor shall be liable for civil
penalty in an amount equal to the illegal diversion in question
plus interest (as determined under subsection (o)).
``(5) Disposition of penalties.--
``(A) Amounts withheld.--The Secretary or the
Administrator shall transfer any amounts withheld under
paragraph (3) to the Airport and Airway Trust Fund.
``(B) Civil penalties.--With respect to any amount
collected by a court in a civil action under paragraph
(4), the court shall cause to be transferred to the
Airport and
[[Page 110 STAT. 3273]]
Airway Trust Fund any amount collected as a civil
penalty under paragraph (4).
``(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any amount is
collected from a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust Fund to an airport
affected by a diversion that is the subject of a civil action
under paragraph (4), reimbursement in an amount equal to the
amount that has been collected from the sponsor under paragraph
(4) (including any amount of interest calculated under
subsection (o)).
``(7) Statute of limitations.--No person may bring an action
for the recovery of funds illegally diverted in violation of
this section (as determined under subsections (b) and (l)) or
section 47133 after the date that is 6 years after the date on
which the diversion occurred.
``(o) Interest.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary, acting through the Administrator, shall charge a
minimum annual rate of interest on the amount of any illegal
diversion of revenues referred to in subsection (n) in an amount
equal to the average investment interest rate for tax and loan
accounts of the Department of the Treasury (as determined by the
Secretary of the Treasury) for the applicable calendar year,
rounded to the nearest whole percentage point.
``(2) Adjustment of interest rates.--If, with respect to a
calendar quarter, the average investment interest rate for tax
and loan accounts of the Department of the Treasury exceeds the
average investment interest rate for the immediately preceding
calendar quarter, rounded to the nearest whole percentage point,
the Secretary of the Treasury may adjust the interest rate
charged under this subsection in a manner that reflects that
change.
``(3) Accrual.--Interest assessed under subsection (n) shall
accrue from the date of the actual illegal diversion of revenues
referred to in subsection (n).
``(4) Determination of applicable rate.--The applicable rate
of interest charged under paragraph (1) shall--
``(A) be the rate in effect on the date on which
interest begins to accrue under paragraph (3); and
``(B) remain at a rate fixed under subparagraph (A)
during the duration of the indebtedness.
``(p) Payment by Airport to Sponsor.--If, in the course of an audit
or other review conducted under this section, the Secretary or the
Administrator determines that an airport owes a sponsor funds as a
result of activities conducted by the sponsor or expenditures by the
sponsor for the benefit of the airport, interest on that amount shall be
determined in the same manner as provided in paragraphs (1) through (4)
of subsection (o), except that the amount of any interest assessed under
this subsection shall be determined from the date on which the Secretary
or the Administrator makes that determination.''.
(b) Revision <<NOTE: 49 USC 47107 note.>> of Policies and
Procedures; Deadlines.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, acting through the
Administrator, shall revise the policies and procedures
established under section 47107(l) of title 49, United States
[[Page 110 STAT. 3274]]
Code, to take into account the amendments made to that section
by this title.
(2) Statute of limitations.--Section 47107(l) is amended by
adding at the end the following:
``(5) Statute of limitations.--In addition to the statute of
limitations specified in subsection (n)(7), with respect to
project grants made under this chapter--
``(A) any request by a sponsor to any airport for
additional payments for services conducted off of the
airport or for reimbursement for capital contributions
or operating expenses shall be filed not later than 6
years after the date on which the expense is incurred;
and
``(B) any amount of airport funds that are used to
make a payment or reimbursement as described in
subparagraph (A) after the date specified in that
subparagraph shall be considered to be an illegal
diversion of airport revenues that is subject to
subsection (n).''.
SEC. 806. CONFORMING AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
Section 9502 <<NOTE: 26 USC 9502.>> of the Internal Revenue Code of
1986 is
amended--
(1) by striking ``and'' at the end of subsection (b)(3);
(2) by striking the period at the end of subsection (b)(4)
and inserting ``, and''; and
(3) by adding at the end of subsection (b) the following:
``(5) amounts determined by the Secretary of the Treasury to
be equivalent to the amounts of civil penalties collected under
section 47107(n) of title 49, United States Code.''; and
(4) by adding at the end of subsection (d) the following:
``(5) Transfers from the airport and airway trust fund on
account of certain airports.--The Secretary of the Treasury may
transfer from the Airport and Airway Trust Fund to the Secretary
of Transportation or the Administrator of the Federal Aviation
Administration an amount to make a payment to an airport
affected by a diversion that is the subject of an administrative
action under paragraph (3) or a civil action under paragraph (4)
of section 47107(n) of title 49, United States Code.''.
TITLE IX--METROPOLITAN <<NOTE: Metropolitan Washington Airports
Amendments Act of 1996.>> WASHINGTON AIRPORTS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Metropolitan Washington Airports
Amendments Act of 1996''.
SEC. 902. USE OF LEASED PROPERTY.
Section 6005(c)(2) of the Metropolitan Washington Airports Act of
1986 (49 U.S.C. App. 2454(c)(2)) is amended by inserting before the
period at the end of the second sentence the following: ``which are not
inconsistent with the needs of aviation''.
[[Page 110 STAT. 3275]]
SEC. 903. BOARD OF DIRECTORS.
(a) Appointment of Additional Members.--Section 6007(e)(1) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)(1))
is amended--
(1) in the matter preceding subparagraph (A) by striking
``11'' and inserting ``13'';
(2) in subparagraph (D) by striking ``one member'' and
inserting ``three members''.
(b) Restrictions.--Section 6007(e)(2) of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456(e)(2)) is amended by striking
``except that'' and all that follows through the period and inserting
``except that the members appointed by the President shall be registered
voters of States other than Maryland, Virginia, or the District of
Columbia.''.
(c) Terms.--Section 6007(e)(3) of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456(e)(3)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) <<NOTE: President.>> by the President after
the date of the enactment of this subparagraph, 1 shall
be appointed for 4 years.
A member may serve after the expiration of that member's term
until a successor has taken office.''.
(d) Vacancies.--Section 6007(e) of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456(e)) is amended by
redesignating paragraphs (4) and (5) as paragraphs (8) and (9),
respectively, and by inserting after paragraph (3) the following:
``(4) Vacancies.--A vacancy in the board of directors shall
be filled in the manner in which the original appointment was
made. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of such
term.''.
(e) Political Parties of Presidential Appointees.--Section 6007(e)
of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2456(e)) is amended by inserting after paragraph (4), as inserted by
subsection (d) of this section, the following:
``(5) Political parties of presidential appointees.--Not
more than 2 of the members of the board appointed by the
President may be of the same political party.''.
(f) Duties of Presidential Appointees.--Section 6007(e) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)) is
amended by inserting after paragraph (5), as inserted by subsection (e)
of this section, the following:
``(6) Duties of presidential appointees.--In carrying out
their duties on the board, members of the board appointed by the
President shall ensure that adequate consideration is given to
the national interest.''.
(g) Deadline for Presidential Appointments.--Section 6007(e) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)) is
amended by inserting after paragraph (6), as inserted by subsection (f)
of this section, the following:
``(7) Deadline for presidential appointments.--
``(A) Deadline.--The members to be appointed to the
board by the President under section 6007(e)(1)(D) shall
be appointed on or before September 30, 1997.
[[Page 110 STAT. 3276]]
``(B) Applicability of limitations.--If the deadline
of subparagraph (A) is not met, the Secretary and the
Airports Authority shall be subject to the limitations
described in subsection (i) for the period beginning on
October 1, 1997, and ending on the first day on which
all of the members referred to in subparagraph (A) have
been appointed.''.
(h) Required Number of Votes.--Section 6007(e)(9) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2456(e)(9)), as redesignated by subsection (d) of this section, is
amended by striking ``Seven'' and inserting ``Eight''.
SEC. 904. TERMINATION OF BOARD OF REVIEW.
(a) In General.--Section 6007 of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456) is amended by striking
subsections (f) and (h) and redesignating subsections (g) and (i) as
subsections (f) and (g), respectively.
(b) Staff.--Section 6007 of the Metropolitan Washington Airports Act
of 1986 (49 U.S.C. App. 2456) is amended--
(1) by inserting paragraph (8) of subsection (f), as in
effect before the amendment made by subsection (a) of this
section, after subsection (g), as redesignated by such
subsection (a);
(2) by moving such paragraph 2 ems to the left and
redesignating such paragraph as subsection (h); and
(3) in subsection (h), as so redesignated--
(A) in the first sentence by striking ``The Board of
Review'' and inserting ``To assist the Secretary in
carrying out this Act, the Secretary''; and
(B) in the second sentence by striking ``Board'' and
inserting ``Secretary''.
(c) Conforming Amendments.--The Metropolitan Washington Airports Act
of 1986 (49 U.S.C. App. 2451 et seq.) is amended--
(1) in section 6009(b) by striking ``or by reason'' and all
that follows before the period; and
(2) in section 6011 by striking ``Except as provided in
section 6007(h), if'' and inserting ``If''.
(d) Protection of Certain Actions.--Actions taken by the
Metropolitan Washington Airports Authority and required to be submitted
to the Board of Review pursuant to section 6007(f)(4) of the
Metropolitan Washington Airports Act of 1986 before the date of the
enactment of this Act shall remain in effect and shall not be set aside
solely by reason of a judicial order invalidating certain functions of
the Board of Review.
SEC. 905. LIMITATIONS.
Section 6007 of the Metropolitan Washington Airports Act of 1986 (49
U.S.C. App. 2456) is further amended by adding at the end the following:
``(i) Limitations.--After October 1, 2001--
``(1) the Secretary may not approve an application of the
Airports Authority for an airport development project grant
under subchapter I of chapter 471 of title 49, United States
Code; and
``(2) the Secretary may not approve an application of the
Airports Authority to impose a passenger facility fee under
section 40117 of such title.''.
[[Page 110 STAT. 3277]]
SEC. 906. USE OF DULLES AIRPORT ACCESS HIGHWAY.
The Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2451 et seq.) is further amended by adding at the end the following:
``SEC. 6013. USE OF DULLES AIRPORT ACCESS HIGHWAY.
``(a) Restrictions.--Except as provided by subsection (b), the
Airports Authority shall continue in effect and enforce paragraphs (1)
and (2) of section 4.2 of the Metropolitan Washington Airports
Regulations, as in effect on February 1, 1995.
``(b) Enforcement.--The district courts of the United States shall
have jurisdiction to compel the Airports Authority and its officers and
employees to comply with the requirements of this section. An action may
be brought on behalf of the United States by the Attorney General or by
any aggrieved party.''.
SEC. 907. EFFECT OF JUDICIAL ORDER.
The Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2451 et seq.) is further amended by adding at the end the following:
``SEC. 6014. EFFECT OF JUDICIAL ORDER.
``If any provision of the Metropolitan Washington Airports
Amendments Act of 1996 or the amendments made by such Act (or the
application of that provision to any person, circumstance, or venue) is
held invalid by a judicial order, on the day after the date of the
issuance of such order, and thereafter, the Secretary of Transportation
and the Metropolitan Washington Airports Authority shall be subject to
the limitations described in section 6007(i) of this Act.''.
SEC. 908. AMENDMENT OF LEASE.
The Secretary of Transportation shall amend the lease entered into
with the Metropolitan Washington Airports Authority under section
6005(a) of the Metropolitan Washington Airports Authority Act of 1986 to
secure the Airports Authority's consent to the amendments made to such
Act by this title.
SEC. 909. SENSE OF THE SENATE.
It is the sense of the Senate that the Metropolitan Washington
Airports Authority--
(1) should not provide any reserved parking areas free of
charge to Members of Congress, other Government officials, or
diplomats at Washington National Airport or Washington Dulles
International Airport; and
(2) should establish a parking policy for such airports that
provides equal access to the public, and does not provide
preferential parking privileges to Members of Congress, other
Government officials, or diplomats.
[[Page 110 STAT. 3278]]
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
SEC. 1001. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES.
(a) Extension of Expenditure Authority.--Paragraph (1) of <<NOTE: 26
USC 9502.>> section 9502(d) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 1996'' and inserting ``October 1,
1998''.
(b) Extension of Trust Fund Purposes.--Subparagraph (A) of section
9502(d)(1) of such Code is amended by inserting before the semicolon at
the end ``or the Federal Aviation Reauthorization Act of 1996''.
TITLE XI--FAA <<NOTE: FAA Research, Engineering, and Development
Management Reform Act of 1996.>> RESEARCH, ENGINEERING, AND DEVELOPMENT
SEC. 1101. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``FAA Research, Engineering, and
Development Management Reform Act of 1996''.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) is amended--
(1) by striking ``and'' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(3) for fiscal year 1997--
``(A) $13,660,000 for system development and
infrastructure projects and activities;
``(B) $34,889,000 for capacity and air traffic
management technology projects and activities;
``(C) $19,000,000 for communications, navigation,
and surveillance projects and activities;
``(D) $13,000,000 for weather projects and
activities;
``(E) $5,200,000 for airport technology projects and
activities;
``(F) $36,504,000 for aircraft safety technology
projects and activities;
``(G) $57,055,000 for system security technology
projects and activities;
``(H) $23,504,000 for human factors and aviation
medicine projects and activities;
``(I) $3,600,000 for environment and energy projects
and activities; and
``(J) $2,000,000 for innovative/cooperative research
projects and activities.''.
SEC. 1103. RESEARCH PRIORITIES.
Section 48102(b) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations of
the research advisory committee established by section 44508 of
this title in establishing priorities among major categories
[[Page 110 STAT. 3279]]
of research and development activities carried out by the
Federal Aviation Administration.
``(2)''.
SEC. 1104. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a) of
this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.
SEC. 1105. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) is amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research and
development project under sections 40119, 44504, 44505, 44507,
44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with other
Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-term
research, near-term research, and development activities; and
``(iv) highlight the research and development activities
that address specific recommendations of the research advisory
committee established under section 44508 of this title, and
document the recommendations of the committee that are not
accepted, specifying the reasons for nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.
TITLE XII--MISCELLANEOUS PROVISIONS
SEC. 1201. PURCHASE OF HOUSING UNITS.
Section 40110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Purchase of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium
[[Page 110 STAT. 3280]]
or a housing unit in a building owned by a cooperative) that is
located outside the contiguous United States if the cost of the
unit is $300,000 or less.
``(2) Adjustments for inflation.--For fiscal years beginning
after September 30, 1997, the Administrator may adjust the
dollar amount specified in paragraph (1) to take into account
increases in local housing costs.
``(3) Continuing obligations.--Notwithstanding section 1341
of title 31, the Administrator may purchase a housing unit under
paragraph (1) even if there is an obligation thereafter to pay
necessary and reasonable fees duly assessed upon such unit,
including fees related to operation, maintenance, taxes, and
insurance.
``(4) Certification to congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at least 30
days before completing the purchase, the Administrator transmits
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing--
``(A) a description of the housing unit and its
price;
``(B) a certification that the price does not exceed
the median price of housing units in the area; and
``(C) a certification that purchasing the housing
unit is the most cost-beneficial means of providing
necessary accommodations in carrying out this part.
``(5) Payment of fees.--The Administrator may pay, when due,
fees resulting from the purchase of a housing unit under this
subsection from any amounts made available to the
Administrator.''.
SEC. 1202. CLARIFICATION OF PASSENGER FACILITY REVENUES AS CONSTITUTING
TRUST FUNDS.
Section 40117(g) is amended by adding at the end the following:
``(4) Passenger facility revenues that are held by an air carrier or
an agent of the carrier after collection of a passenger facility fee
constitute a trust fund that is held by the air carrier or agent for the
beneficial interest of the eligible agency imposing the fee. Such
carrier or agent holds neither legal nor equitable interest in the
passenger facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed by the
Secretary.''.
SEC. 1203. <<NOTE: 49 USC 47101 note.>> AUTHORITY TO CLOSE AIRPORT
LOCATED NEAR CLOSED OR REALIGNED MILITARY BASE.
Notwithstanding any other provision of a law, rule, or grant
assurance, an airport that is not a commercial service airport may be
closed by its sponsor without any obligation to repay grants made under
chapter 471 of title 49, United States Code, the Airport and Airway
Improvement Act of 1982, or any other law if the airport is located
within 2 miles of a United States Army depot which has been closed or
realigned; except that in the case of disposal of the land associated
with the airport, the part of the proceeds from the disposal that is
proportional to the Government's share of the cost of acquiring the land
shall be paid to the Secretary of Transportation for deposit in the
Airport and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502).
[[Page 110 STAT. 3281]]
SEC. 1204. GADSDEN AIR DEPOT, ALABAMA.
(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on May 4, 1949), the Secretary is
authorized, subject to the provisions of section 47153 of title 49,
United States Code, and the provisions of subsection (b) of this
section, to waive any of the terms contained in the deed of conveyance
dated May 4, 1949, under which the United States conveyed certain
property to the city of Gadsden, Alabama, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Gadsden, Alabama, shall agree that, in
conveying any interest in the property which the United States
conveyed to the city by a deed described in subsection (a), the
city will receive an amount for such interest which is equal to
the fair market value of such interest (as determined pursuant
to regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used by
the city for the development, improvement, operation, or
maintenance of a public airport, lands (including any
improvements thereto) which produce revenues that are used for
airport development purposes, or both.
SEC. 1205. REGULATIONS AFFECTING INTRASTATE AVIATION IN ALASKA.
In modifying regulations contained in title 14, Code of Federal
Regulations, in a manner affecting intrastate aviation in Alaska, the
Administrator of the Federal Aviation Administration shall consider the
extent to which Alaska is not served by transportation modes other than
aviation, and shall establish such regulatory distinctions as the
Administrator considers appropriate.
SEC. 1206. WESTCHESTER COUNTY AIRPORT, NEW YORK.
Notwithstanding sections 47107(b) and 47133 of title 49, United
States Code, and any other law, regulation, or grant assurance, all fees
received by Westchester County Airport in the State of New York may be
paid into the treasury of Westchester County pursuant to section 119.31
of the Westchester County Charter if the Secretary finds that the
expenditures from such treasury for the capital and operating costs of
the Airport after December 31, 1990, have been and will be equal to or
greater than the fees that such treasury receives from the Airport.
SEC. 1207. BEDFORD AIRPORT, PENNSYLVANIA.
If the Administrator of the Federal Aviation Administration
decommissions an instrument landing system in Pennsylvania, the
Administrator may transfer and install the system at Bedford Airport,
Pennsylvania.
SEC. 1208. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.
The Administrator of the Federal Aviation Administration shall take
such actions as may be necessary to improve the safety of aircraft
landing at Worcester Municipal Airport, Massachusetts, including, if
appropriate, providing air traffic radar service to such airport from
the Providence Approach Radar Control in Coventry, Rhode Island.
[[Page 110 STAT. 3282]]
SEC. 1209. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.
The Administrator of the Federal Aviation Administration shall take
such actions as may be necessary to improve the safety of aircraft
landing at Central Florida Airport, Sanford, Florida, including, if
appropriate, providing a new instrument landing system on Runway 27R.
SEC. 1210. AIRCRAFT NOISE OMBUDSMAN.
Section 106, as amended by section 230 of this Act, is further
amended by adding at the end the following:
``(q) Aircraft Noise Ombudsman.--
``(1) Establishment.--There shall be in the Administration
an Aircraft Noise Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with the public on issues
regarding aircraft noise; and
``(C) be consulted when the Administration proposes
changes in aircraft routes so as to minimize any
increases in aircraft noise over populated areas.
``(3) Number of full-time equivalent employees.--The
appointment of an Ombudsman under this subsection shall not
result in an increase in the number of full-time equivalent
employees in the Administration.''.
SEC. 1211. SPECIAL RULE FOR PRIVATELY OWNED RELIEVER
AIRPORTS.
Section 47109 is amended by adding at the end the following:
``(c) Special Rule for Privately Owned Reliever Airports.--If a
privately owned reliever airport contributes any lands, easements, or
rights-of-way to carry out a project under this subchapter, the current
fair market value of such lands, easements, or rights-of-way shall be
credited toward the non-Federal share of allowable project costs.''.
SEC. 1212. SENSE OF THE SENATE REGARDING THE FUNDING OF THE FEDERAL
AVIATION ADMINISTRATION.
(a) Findings.--The Senate finds that--
(1) Congress is responsible for ensuring that the financial
needs of the Federal Aviation Administration, the agency that
performs the critical function of overseeing the Nation's air
traffic control system and ensuring the safety of air travelers
in the United States, are met;
(2) aviation excise taxes that constitute the Airport and
Airway Trust Fund, which provides most of the funding for the
Federal Aviation Administration, have expired;
(3) the surplus in the Airport and Airway Trust Fund will be
spent by the Federal Aviation Administration by December 1996;
(4) the existing system of funding the Federal Aviation
Administration will not provide the agency with sufficient
short-term or long-term funding;
(5) this Act creates a sound process to review Federal
Aviation Administration funding and develop a funding system to
meet the Federal Aviation Administration's long-term funding
needs; and
[[Page 110 STAT. 3283]]
(6) without immediate action by Congress to ensure that the
Federal Aviation Administration's financial needs are met, air
travelers' confidence in the system could be undermined.
(b) Sense of the Senate.--It is the sense of the Senate that there
should be an immediate enactment of an 18-month reinstatement of the
aviation excise taxes to provide short-term funding for the Federal
Aviation Administration.
SEC. 1213. RURAL AIR FARE STUDY.
(a) In General.--The Secretary shall conduct a study to--
(1) compare air fares paid (calculated as both actual and
adjusted air fares) for air transportation on flights conducted
by commercial air carriers--
(A) between--
(i) nonhub airports located in small
communities; and
(ii) large hub airports; and
(B) between large hub airports;
(2) analyze--
(A) the extent to which passenger service that is
provided from nonhub airports is provided on--
(i) regional commuter commercial air carriers;
or
(ii) major air carriers;
(B) the type of aircraft employed in providing
passenger service at nonhub airports; and
(C) whether there is competition among commercial
air carriers with respect to the provision of air
service to passengers from nonhub airports.
(b) Findings.--The Secretary shall include in the report of the
study conducted under subsection (a) findings concerning--
(1) whether passengers who use commercial air carriers to
and from rural areas (as defined by the Secretary) pay a
disproportionately greater price for that transportation than
passengers who use commercial air carriers between urban areas
(as defined by the Secretary);
(2) the nature of competition, if any, in rural markets (as
defined by the Secretary) for commercial air carriers;
(3) whether a relationship exists between higher air fares
and competition among commercial air carriers for passengers
traveling on jet aircraft from small communities (as defined by
the Secretary) and, if such a relation exists, the nature of
that relationship;
(4) the number of small communities that have lost air
service as a result of the deregulation of commercial air
carriers with respect to air fares;
(5) the number of small communities served by airports with
respect to which, after commercial air carrier fares were
deregulated, jet aircraft service was replaced by turboprop
aircraft service; and
(6) where such replacement occurred, any corresponding
decreases in available seat capacity for consumers at the
airports referred to in that subparagraph.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit a final report on the study
carried out under subsection (a) to the Committee on Commerce, Science,
and Transportation of the Senate and the
[[Page 110 STAT. 3284]]
Committee on Transportation and Infrastructure of the House of
Representatives.
(d) Definitions.--For purposes of this section, the following
definitions apply:
(1) Adjusted air fare.--The term ``adjusted air fare'' means
an actual air fare that is adjusted for distance traveled by a
passenger.
(2) Air carrier.--The term ``air carrier'' is defined in
section 40102(a)(2) of title 49, United States Code.
(3) Airport.--The term ``airport'' is defined in section
40102(9) of such title.
(4) Commercial air carrier.--The term ``commercial air
carrier'' means an air carrier that provides air transportation
for commercial purposes (as determined by the Secretary).
(5) Hub airport.--The term ``hub airport'' is defined in
section 41731(a)(2) of such title.
(6) Large hub airport.--The term ``large hub airport'' shall
be defined by the Secretary but the definition may not include a
small hub airport, as that term is defined in section
41731(a)(5) of such title.
(7) Major air carrier.--The term ``major air carrier'' shall
be defined by the Secretary.
(8) Nonhub airport.--The term ``nonhub airport'' is defined
in section 41731(a)(4) of such title.
(9) Regional commuter air carrier.--The term ``regional
commuter air carrier'' shall be defined by the Secretary.
SEC. 1214. CARRIAGE OF CANDIDATES IN STATE AND LOCAL
ELECTIONS.
The Administrator of the Federal Aviation Administration shall
revise section 91.321 of the Administration's regulations (14 C.F.R.
91.321), relating to the carriage of candidates in Federal elections, to
make the same or similar rules applicable to the carriage of candidates
for election to public office in State and local government elections.
SEC. 1215. SPECIAL FLIGHT RULES IN THE VICINITY OF GRAND
CANYON NATIONAL PARK.
The Secretary of Transportation, acting through the Administrator of
the Federal Aviation Administration, shall take such action as may be
necessary to provide 45 additional days for comment by interested
persons on the special flight rules in the vicinity of Grand Canyon
National Park and the Draft Environmental Assessment described in the
notice of proposed rulemaking issued on July 31, 1996, at 61 Fed. Reg.
40120 et seq.
SEC. 1216. TRANSFER OF AIR TRAFFIC CONTROL TOWER; CLOSING OF FLIGHT
SERVICE STATIONS.
(a) Hickory, North Carolina Tower.--
(1) Transfer.--The Administrator of the Federal Aviation
Administration may transfer any title, right, or interest the
United States has in the air traffic control tower located at
the Hickory Regional Airport to the City of Hickory, North
Carolina, for the purpose of enabling the city to provide air
traffic control services to operators of aircraft.
(2) Study.--The Administrator shall conduct a study to
determine whether the number of operations at Hickory Regional
Airport meet the criteria for contract towers and shall
[[Page 110 STAT. 3285]]
certify in writing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Commerce and
Infrastructure of the House of Representatives whether that
airport meets those criteria.
(b) New Bern-Craven County Station.--The Administrator shall not
close the New Bern-Craven County flight services station or the Hickory
Regional Airport flight service station unless the Administrator
certifies in writing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that such closure will
not result in a degradation of air safety and that it will reduce costs
to taxpayers.
(c) Pierre, South Dakota Station.--The Administrator shall not close
the Pierre, South Dakota Regional Airport flight service station unless
following the 180th day after the date of the enactment of this Act the
Administrator certifies in writing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
such closure will not result in a degradation of air safety, air
service, or the loss of meteorological services or data that cannot
otherwise be obtained in a more cost-effective manner, and that it will
reduce costs to taxpayers.
SEC. 1217. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a study of the feasibility of constructing 2 offshore
platforms to serve as sites for the location of Doppler radar stations
for John F. Kennedy International Airport and LaGuardia Airport in New
York City, New York.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Administrator shall transmit to Congress a report on
the results of the study conducted under subsection (a), including
proposed locations for the offshore platforms. Such locations shall be
as far as possible from populated areas while providing appropriate
safety measures for John F. Kennedy International Airport and LaGuardia
Airport.
SEC. 1218. TRAIN WHISTLE REQUIREMENTS.
(a) In General.--Section 20153 is amended by adding at the end the
following:
``(i) Regulations.--In issuing regulations under this section, the
Secretary--
``(1) shall take into account the interest of communities
that--
``(A) have in effect restrictions on the sounding of
a locomotive horn at highway-rail grade crossings; or
``(B) have not been subject to the routine (as
defined by the Secretary) sounding of a locomotive horn
at highway-rail grade crossings;
``(2) shall work in partnership with affected communities to
provide technical assistance and shall provide a reasonable
amount of time for local communities to install supplementary
safety measures, taking into account local safety initiatives
(such as public awareness initiatives and highway-rail grade
crossing traffic law enforcement programs) subject to such terms
and conditions as the Secretary deems necessary, to protect
public safety; and
[[Page 110 STAT. 3286]]
``(3) may waive (in whole or in part) any requirement of
this section (other than a requirement of this subsection or
subsection (j)) that the Secretary determines is not likely to
contribute significantly to public safety.
``(j) Effective Date of Regulations.--Any regulations under this
section shall not take effect before the 365th day following the date of
publication of the final rule.''.
SEC. 1219. INCREASED FEES.
(a) In General.--Notwithstanding any other provision of law, the
Surface Transportation Board shall not increase fees for services to be
collected from small shippers in connection with rail maximum rate
complaints pursuant to part 1002 of title 49, Code of Federal
Regulations, Ex Parte No. 542.
(b) Applicability.--Subsection <<NOTE: Effective date.>> (a) shall
no longer be effective after September 30, 1998.
SEC. 1220. STRUCTURES INTERFERING WITH AIR COMMERCE.
(a) Landfills.--Section 44718 is amended by adding at the end the
following:
``(d) Landfills.--For the purposes of enhancing aviation safety, in
a case in which 2 landfills have been proposed to be constructed or
established within 6 miles of a commercial service airport with fewer
than 50,000 enplanements per year, no person shall construct or
establish either landfill if an official of the Federal Aviation
Administration has stated in writing within the 3-year period ending on
the date of the enactment of this subsection that 1 of the landfills
would be incompatible with aircraft operations at the airport, unless
the landfill is already active on such date of
enactment or the airport operator agrees to the construction or
establishment of the landfill.''.
(b) Civil Penalties.--Section 46301 is amended by inserting
``44718(d),'' after ``44716,'' in each of subsections (a)(1)(A), (d)(2),
and (f)(1)(A)(i).
SEC. 1221. HAWAII CARGO.
Notwithstanding any other provision of law, and for a period that
shall not extend beyond September 30, 1998, an air carrier which
commenced all-cargo turnaround service during November 1995 with Stage 2
aircraft with a maximum weight of more than 75,000 pounds may operate no
more than one Stage 2 aircraft in all-cargo turnaround service and may
also maintain a second such aircraft in reserve. The reserve aircraft
may only be used as a replacement aircraft when the first aircraft is
not airworthy or is unavailable due to closure of an airport at which
the first aircraft is located in the State of Hawaii.
SEC. 1222. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Subsection (b)(2) of section 5 of the Act of January 2, 1951
(commonly referred to as the ``Johnson Act'') (64 Stat. 1135, chapter
1194; 15 U.S.C. 1175), is amended by adding at the end the
following:
``(C) Exclusion of certain voyages and segments.--
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage
or segment of a voyage is not described in subparagraph
[[Page 110 STAT. 3287]]
(B) if such voyage or segment includes or consists of a
segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another
State or to a foreign country; and
``(iii) in which the vessel reaches the other
State or foreign country within 3 days after
leaving the State in which such segment begins.''.
SEC. 1223. CLARIFYING AMENDMENT.
Section 1 of the Railway Labor Act (45 U.S.C. 151) is amended by
inserting ``, any express company that would have been subject to
subtitle IV of title 49, United States Code, as of December 31, 1995,''
after ``Board'' the first place it appears in the first paragraph.
Approved October 9, 1996.
LEGISLATIVE HISTORY--H.R. 3539 (S. 1994):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-714, Pt. 1 (Comm. on Transportation and
Infrastructure) and 104-848 (Comm. of Conference).
SENATE REPORTS: No. 104-333 accompanying S. 1994 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 10, 11, considered and passed House.
Sept. 18, considered and passed Senate, amended, in lieu of
S. 1994.
Sept. 27, House agreed to conference report.
Sept. 30-Oct. 3, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 9, Presidential remarks and statement.
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