[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 18, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3539) entitled ``An Act to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration, and for
other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. 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.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities.
Sec. 103. Research and development.
Sec. 104. Airport improvement program.
Sec. 105. Interaccount flexibility.
TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
Sec. 201. Pavement maintenance program.
Sec. 202. Maximum percentages of amount made available for grants to
certain primary airports.
Sec. 203. Discretionary fund.
Sec. 204. Designating current and former military airports.
Sec. 205. State block grant program.
Sec. 206. Access to airports by intercity buses.
TITLE III--AVIATION SAFETY AND SECURITY
Sec. 301. Report including proposed legislation on funding for airport
security.
Sec. 302. Family advocacy.
Sec. 303. Accident and safety data classification; report on effects of
publication and automated surveillance
targeting systems.
Sec. 304. Weapons and explosive detection study.
Sec. 305. Requirement for criminal history records checks.
Sec. 306. Interim deployment of commercially available explosive
detection equipment.
Sec. 307. Audit of performance of background checks for certain
personnel.
Sec. 308. Sense of the Senate on passenger profiling.
Sec. 309. Authority to use certain funds for airport security programs
and activities.
Sec. 310. Development of aviation security liaison agreement.
Sec. 311. Regular joint threat assessments.
Sec. 312. Baggage match report.
Sec. 313. Enhanced security programs.
Sec. 314. Report on air cargo.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Acquisition of housing units.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Application of FAA regulations.
Sec. 404. Sense of the Senate regarding the funding of the Federal
Aviation Administration.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Sense of the Senate regarding the air ambulance exemption
from certain Federal excise taxes.
Sec. 407. FAA safety mission.
Sec. 408. Carriage of candidates in State and local elections.
Sec. 409. Train whistle requirements.
Sec. 410. Limitation on authority of States to regulate gambling
devices on vessels.
Sec. 411. Special flight rules in the vicinity of Grand Canyon National
Park.
Sec. 412. Increased fees.
Sec. 413. Transfer of air traffic control tower; closing of flight
service stations.
Sec. 414. Sense of the Senate regarding acts of international
terrorism.
Sec. 415. Reporting for procurement contracts.
Sec. 416. Provisions relating to limited scope audit.
Sec. 417. Advance electronic transmission of cargo and passenger
information.
TITLE V--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS
Sec. 501. Commercial space launch amendments.
TITLE VI--AIR TRAFFIC MANAGEMENT SYSTEM PERFORMANCE IMPROVEMENT ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Effective date.
Subtitle A--General Provisions
Sec. 621. Findings.
Sec. 622. Purposes.
Sec. 623. Regulation of civilian air transportation and related
services by the Federal Aviation
Administration and Department of
Transportation.
Sec. 624. Regulations.
Sec. 625. Personnel and services.
Sec. 626. Contracts.
Sec. 627. Facilities.
Sec. 628. Property.
Sec. 629. Transfers of funds from other Federal agencies.
Sec. 630. Management Advisory Council.
Sec. 631. Aircraft engine standards.
Sec. 632. Rural air fare study.
Subtitle B--Federal Aviation Administration Streamlining Programs
Sec. 651. Review of acquisition management system.
Sec. 652. Air traffic control modernization reviews.
Sec. 653. Federal Aviation Administration personnel management system.
Sec. 654. Conforming amendment.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
Sec. 671. Findings.
Sec. 672. Purposes.
Sec. 673. User fees for various Federal Aviation Administration
services.
Sec. 674. Independent assessment and task force to review existing and
innovative funding mechanisms.
Sec. 675. Procedure for consideration of certain funding proposals.
Sec. 676. Administrative provisions.
Sec. 677. Advance appropriations for Airport and Airway Trust Fund
activities.
Sec. 678. Rural Air Service Survival Act.
TITLE VII--PILOT RECORDS
Sec. 701. Short title.
Sec. 702. Employment investigations of pilot applicants.
Sec. 703. Study of minimum standards for pilot qualifications.
TITLE VIII--ABOLITION OF BOARD OF REVIEW
Sec. 801. Abolition of Board of Review and related authority.
Sec. 802. Sense of the Senate.
Sec. 803. Conforming amendments in other law.
Sec. 804. Definitions.
Sec. 805. Increase in number of Presidentially appointed members of
Board.
Sec. 806. Reconstituted Board to function without interruption.
Sec. 807. Operational slots at National Airport.
Sec. 808. Airports authority support of Board.
TITLE IX--AIRPORT REVENUE PROTECTION
Sec. 901. Short title.
Sec. 902. Findings; purpose.
Sec. 903. Definitions.
Sec. 904. Restriction on use of airport revenues.
Sec. 905. Regulations; audits and accountability.
Sec. 906. Conforming amendments to the Internal Revenue Code of 1986.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 1001. Expenditures from airport and airway trust fund.
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.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) Authorization of Appropriations From General Fund.--Section
106(k) is amended--
(1) by striking ``and'' after ``1995,''; and
(2) by inserting before the period at the end the
following: ``, and $5,000,000,000 for fiscal year 1997.''.
(b) Authorization of Appropriations From Trust Fund.--Section
48104(b) is amended--
(1) in the subsection heading by striking ``for Fiscal
Years 1993''; and
(2) by striking the phrase ``for fiscal year 1993''.
(c) Clerical Amendment.--Section 48108 is amended by striking
subsection (c).
SEC. 102. AIR NAVIGATION FACILITIES.
Section 48101(a) is amended by adding at the end the following:
``(5) For the fiscal years ending September 30, 1991-1997,
$17,929,000,000.''.
SEC. 103. RESEARCH AND DEVELOPMENT.
Section 48102(a) is amended by striking ``title:'' and all that
follows through the end of the subsection, and inserting the following:
``title, $206,000,000 for fiscal year 1997.''.
SEC. 104. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended--
(1) by striking ``and $21,958,500,000'' and inserting
``$19,200,500,000''; and
(2) by inserting before the period at the end the
following: ``, $21,480,500,000 for fiscal years ending before
October 1, 1997.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``1996'' and inserting ``1997''.
SEC. 105. INTERACCOUNT FLEXIBILITY.
Section 106 is amended by adding at the end the following new
subsection:
``(l) Interaccount Flexibility.--
``(1) Except as provided in paragraph (2), the
Administrator may transfer budget authority derived from trust
funds among appropriations authorized by subsection (k) and
sections 48101 and 48102, if the aggregate estimated outlays in
such accounts in the fiscal year in which the transfers are
made will not be increased as a result of such transfer.
``(2) The transfer of budget authority under paragraph (1)
may be made only to the extent that outlays do not exceed the
aggregate estimated outlays.
``(3) A transfer of budget authority under paragraph (1)
may not result in a net decrease of more than 5 percent, or a
net increase of more than 10 percent, in the budget authority
available under any appropriation involved in that transfer.
``(4) Any action taken pursuant to this section shall be
treated as a reprogramming of funds that is subject to review
by the appropriate committees of the Congress.
``(5) The Administrator may transfer budget authority
pursuant to this section only after--
``(A) submitting a written explanation of the
proposed transfer to the Committees on Transportation
and Infrastructure and Appropriations of the House of
Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the
Senate; and
``(B) 30 days have passed after the explanation is
submitted and none of the committees notifies the
Administrator in writing that it objects to the
proposed transfer within the 30 day period.''.
TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
SEC. 201. PAVEMENT MAINTENANCE PROGRAM.
(a) Pavement Maintenance.--Chapter 471 is amended by adding the
following section at the end of subchapter I:
``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 regulations shall provide that the
Administrator may designate not more than 10 projects. The regulations
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 enactment of the Federal Aviation Reauthorization Act of
1996 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 chapter analysis for subchapter I of
chapter 471 is amended by inserting after the item relating to section
47131 the following new item:
``47132. Pavement maintenance.''.
SEC. 202. MAXIMUM PERCENTAGES OF AMOUNT MADE AVAILABLE FOR GRANTS TO
CERTAIN PRIMARY AIRPORTS.
Section 47114 is amended by adding at the end thereof the
following:
``(g) Sliding Scale.--
``(1) Notwithstanding any other provision of this title, of
the amount newly made available under section 48103 of this
title for fiscal year 1997 to make grants, not more than the
percentage of such amount newly made available that is
specified in paragraph (2) shall be distributed in total in
such fiscal year for grants described in paragraph (3).
``(2) If the amount newly made available is--
``(A) not more than $1,150,000,000, then the
percentage is 47.0;
``(B) more than $1,150,000,000 but not more than
$1,250,000,000, then the percentage is 46.0;
``(C) more than $1,250,000,000 but not more than
$1,350,000,000, then the percentage is 45.4;
``(D) more than $1,350,000,000 but not more than
$1,450,000,000, then the percentage is 44.8; or
``(E) more than $1,450,000,000 but not more than
$1,550,000,000, then the percentage is 44.3.
``(3) This subsection applies to the aggregate amount of
grants in a fiscal year for projects at those primary airports
that each have not less than 0.25 per centum of the total
passenger boardings in the United States in the preceding
calendar year.''.
SEC. 203. DISCRETIONARY FUND.
Section 47115 is amended--
(1) by striking ``and'' at the end of subsection (d)(2) and
inserting a comma and 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 that
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 redesignating paragraph (3) of subsection (d) as
paragraph (5), and by inserting after paragraph (2) of that
subsection the following:
``(3) 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) of
this subsection;
``(4) 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, during that period, the
number of passenger boardings was 20 percent or greater than
the number of such boardings during the 12-month period
preceding that period; and'';
(3) by redesignating the second subsection (f) as
subsection (g); and
(4) by adding at the end the following:
``(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. 204. 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)(E) 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
``(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, and Utilities.--Subsection (f) of
section 47118 is amended by striking ``the fiscal years ending
September 30, 1993-1996,'' and inserting ``for fiscal years beginning
after September 30, 1992,''.
(d) One-Year Extension.--Section 47117(e)(1)(E) is amended by
striking ``and 1996,'' and inserting ``1996, and 1997,''.
SEC. 205. STATE BLOCK GRANT PROGRAM.
(a) Participating States.--Section 47128(b) is amended--
(1) by striking paragraph (2);
(2) by redesignating subparagraphs (A) through (E) of
paragraph (1) as paragraphs (1) through (5), respectively; and
(3) by striking ``(1) A State'' and inserting ``A State''.
(b) Use of State Priority System.--Section 47128(c) is amended 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) Change of Expiration Date.--Section 47128(d) is amended by
striking ``1996'' and inserting ``1997''.
SEC. 206. 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
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.''.
TITLE III--AVIATION SAFETY AND SECURITY
SEC. 301. REPORT INCLUDING PROPOSED LEGISLATION ON FUNDING FOR AIRPORT
SECURITY.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall conduct a study and submit to the
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 airports to airport operators who are
subject to section 44903 of title 49, United States Code, or to the
Federal Government or providing 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
but not limited to providing grants from funds received as fees
collected under a fee system established under subpart C of
this title and the amendments made by that subpart; and
(2) provide legislative proposals, if necessary, for
accomplishing the transfer of responsibilities referred to in
subsection (a).
(c) Certification of Screening Companies.--The Federal Aviation
Administrator 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. 302. FAMILY ADVOCACY.
(a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 1136. Family advocacy
``(a) In General.--The National Transportation Safety Board shall
establish a program consistent with its existing authority to provide
family advocacy services for aircraft accidents described in subsection
(b)(1) and serve as the lead agency in coordinating the provision of
the services described in subsection (b). The National Transportation
Safety Board shall, as necessary, in carrying out the program,
cooperate with the Secretary of Transportation, the Administrator of
the Federal Aviation Administration, and such other public and private
organizations as may be appropriate.
``(b) Family Advocacy Services.--
``(1) In general.--The National Transportation Safety Board
shall work with an air carrier involved in an accident in air
commerce and facilitate the procurement by that air carrier of
the services of family advocates who are not otherwise employed
by an air carrier and who are not employed by the Federal
Aviation Administration to, in the event of an accident in air
commerce--
``(A) apply standards of conduct specified by the
National Transportation Safety Board;
``(B) to the extent practicable, direct and
facilitate all communication among air carriers,
surviving passengers, families of passengers, news
reporters, the Federal Government, and the governments
of States and political subdivisions thereof;
``(C) coordinate with a representative of the air
carrier to jointly direct the notification of the next
of kin of victims of the accident; and
``(D) carry out such other related duties as the
National Transportation Safety Board determines to be
appropriate.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Air carrier.--The term `air carrier' has the
meaning provided that term in section 40102(a)(2).
``(B) Family advocate.--The term `family advocate'
shall have the meaning provided that term by the
National Transportation Safety Board by regulation.''.
(b) Guidelines.--Not later than 90 days after the date of enactment
of this Act, the National Transportation Safety Board shall issue
guidelines for the implementation of the program established by the
Board under section 1136 of title 49, United States Code, as added by
subsection (a).
(c) Conforming Amendment.--The chapter analysis for subchapter III
of chapter 11 of title 49, United States Code, is amended by adding at
the end the following:
``1136. Family advocacy.''.
SEC. 303. ACCIDENT AND SAFETY DATA CLASSIFICATION; REPORT ON EFFECTS OF
PUBLICATION AND AUTOMATED SURVEILLANCE TARGETING SYSTEMS.
(a) Accident and Safety Data Classification.--
(1) In general.--Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Accident and safety data classification and publication
``(a) In General.--Not later than 90 days after the date of
enactment of this section, the National Transportation Safety Board
(hereafter in this section referred to as the `Board') shall, in
consultation and coordination with the Administrator of the Federal
Aviation Administration (hereafter in this section referred to as the
`Administrator'), develop a system for classifying air carrier accident
and pertinent safety 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 enactment of this section, provides for--
``(A) safety-related categories that provide
clearer descriptions of the passenger safety effects
associated with air transportation;
``(B) clearer descriptions of passenger safety
concerns associated with air transportation accidents;
and
``(C) a report to the Congress by the Board that
describes methods for accurately informing the public
of the concerns referred to in subparagraph (B) through
regular reporting of accident and safety data obtained
through the system developed under this section.
``(2) Public comment.--Upon 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 and safety data
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) Report on the effects associated with publication of
air transportation accident and safety information.--
``(A) In general.--Not later than the date
specified in subsection (a), the Board shall prepare
and submit to the Congress a report on the effects and
potential of the publication of air transportation
accident safety information.
``(B) Content and form of report.--The report
prepared under this paragraph shall include
recommendations concerning the adoption or revision of
requirements for reporting accident and safety data.
``(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.
``(c) Presentation of Final Classifications to the International
Civil Aviation Organization.--Not later than 90 days after final
classifications are issued under subsection (b)(3), the Administrator
shall--
``(1) present to the International Civil Aviation
Organization the final classification system developed under
this section; and
``(2) seek the adoption of that system by the International
Civil Aviation Organization.''.
(2) Conforming amendment.--The chapter analysis for
subchapter II of chapter 11 of title 49, United States Code, is
amended by adding at the end the following new item:
``1119. Accident and safety data classification and publication.''.
(b) Automated Surveillance Targeting Systems.--Section 44713 is
amended by adding at the end the following new subsection:
``(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.
``(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.''.
SEC. 304. WEAPONS AND EXPLOSIVE DETECTION STUDY.
(a) In General.--The Administrator of the Federal Aviation
Administration (hereafter in this section referred to as the
``Administrator'') 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 as the ``panel'').
(2) Expertise.--Each member of the panel established under
this subsection 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 established under subsection (b), in
consultation with the National Science and Technology Council,
representatives of appropriate 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; and
(3) on the basis of the assessments and determinations made
under paragraphs (1) and (2), 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 action 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 the 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. 305. 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, as a minimum, be conducted in any
case in which--
``(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) that individual is unable to support statements made
on the application of that individual;
``(iii) there are significant inconsistencies in the
information provided on the application of that 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).''.
(b) Applicability.--The 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 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 enactment of this Act.
Nothing in section 44936 of title 49, United States Code, as amended by
subsection (a) precludes the Administration from permitting the
employment of an individual on an interim basis while employment or
criminal history record checks required by that section are being
conducted.
SEC. 306. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE EXPLOSIVE
DETECTION EQUIPMENT.
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.''.
SEC. 307. 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.''.
SEC. 308. SENSE OF THE SENATE ON PASSENGER PROFILING.
It is the sense of the Senate that the Administrator of the Federal
Aviation Administration, in consultation with the intelligence and law
enforcement communities, should continue to assist air carriers in
developing computer-assisted and other appropriate passenger profiling
programs which should be used in conjunction with other security
measures and technologies.
SEC. 309. 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 to expand and enhance air
transportation security programs and other activities (including the
improvement of facilities and the purchase and deployment of equipment)
to 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 1 of chapter 471
of title 49, United States Code.
(2) Passenger facility fees collected under section 40117
of title 49, United States Code.
SEC. 310. 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. 311. 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 airports determined to be high risk.
SEC. 312. BAGGAGE MATCH REPORT.
Within 30 days after the completion of the passenger bag match
pilot program recommended by the Vice President's Commission on
Aviation Security, the Administrator shall submit a report to Congress
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.
SEC. 313. ENHANCED SECURITY PROGRAMS.
(a) In General.--Chapter 449 is amended by adding at the end of
subchapter I the following:
``Sec. 44916. Assessments and evaluations
``(a) In General.--
``(1) 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 the assessments referred to in
paragraph (1).
``(2) 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. 314. REPORT ON AIR CARGO.
Within ---- days after the date of enactment of this Act, the
Secretary of Transportation shall prepare a report for the Congress on
any changes recommended and implemented as a result of the Vice
President's Commission on Aviation Security to enhance and supplement
screening and inspection of cargo, mail, and company-shipped materials
transported in air commerce. The report shall include an assessment of
the effectiveness of such changes, any additional recommendations, and,
if necessary, any legislative proposals necessary to carry out
additional changes.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. ACQUISITION 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) Acquisition of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may acquire interests in housing units outside
the contiguous United States.
``(2) Continuing obligations.--Notwithstanding section 1341
of title 31, United States Code, the Administrator may acquire
an interest in 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.
``(3) Certification to congress.--The Administrator may
acquire an interest in a housing unit under paragraph (1) only
if 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 at least 30 days before completing
the acquisition a report containing--
``(A) a description of the housing unit and its
price; and
``(B) a certification that acquiring the housing
unit is the most cost-beneficial means of providing
necessary accommodations in carrying out this part.
``(4) Payment of fees.--The Administrator may pay, when
due, fees resulting from the acquisition of an interest in a
housing unit under this subsection from any amounts made
available to the Administrator.''.
SEC. 402. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.
(a) In General.--Chapter 401 is amended by redesignating section
40120 as section 40121 and by inserting after section 40119 the
following:
``Sec. 40120. 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
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 at the beginning
of chapter 401 is amended by striking the item relating to section
40120 and inserting the following:
``40120. Protection of voluntarily submitted information.
``40121. Relationship to other laws.''.
SEC. 403. APPLICATION OF FAA REGULATIONS.
In revising 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 deems
appropriate.
SEC. 404. SENSE OF THE SENATE REGARDING THE FUNDING OF THE FEDERAL
AVIATION ADMINISTRATION.
(a) Findings.--The Senate finds that--
(1) the 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) the number of air traffic control equipment and power
failures is increasing, which could place at risk the
reliability of our Nation's air traffic control system;
(3) aviation excise taxes that constitute the Airport and
Airway Trust Fund, which provides most of the funding for the
Federal Aviation Administration, have expired;
(4) the surplus in the Airport and Airway Trust Fund will
be spent by the Federal Aviation Administration by December
1996;
(5) the existing system of funding the Federal Aviation
Administration will not provide the agency with sufficient
short-term or long-term funding;
(6) 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
(7) without immediate action by the 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. 405. AUTHORIZATION 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. SENSE OF THE SENATE REGARDING THE AIR AMBULANCE EXEMPTION
FROM CERTAIN FEDERAL EXCISE TAXES.
It is the sense of the Senate that, if the excise taxes imposed by
section 4261 or 4271 of the Internal Revenue Code of 1986 are
reinstated, the exemption from those taxes provided by section 4261(f)
of such Code for air transportation by helicopter for the purpose of
providing emergency medical services should be broadened to include air
transportation by fixed-wing aircraft for that purpose.
SEC. 407. FAA SAFETY MISSION.
(a) In General.--Section 40104 is amended--
(1) by inserting ``safety of'' before ``air commerce'' in
the section caption;
(2) by inserting ``Safety of'' before ``Air Commerce'' in
the caption of subsection (a); and
(3) by and inserting ``safety of'' before ``air commerce''
in subsection (a).
(b) Clerical Amendment.--The table of sections for chapter 401 is
amended by striking the item relating to section 40104 and inserting:
``40104. Promotion of civil aeronautics and air commerce safety.''.
SEC. 408. 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. 409. TRAIN WHISTLE REQUIREMENTS.
The Secretary of Transportation may not implement regulations
issued under section 20153(b) of title 49, United States Code,
requiring audible warnings to be sounded by a locomotive horn at
highway-rail grade crossings, unless--
(1) in implementing the regulations or providing an
exception to the regulations under section 20158(c) of such
title, the Secretary of Transportation takes into account,
among other criteria--
(A) the interest of the communities that, as of
July 30, 1996--
(i) have in effect restrictions on sounding
of a locomotive horn at highway-rail grade
crossings; or
(ii) have not been subject to the routine
(as the term is defined by the Secretary)
sounding of a locomotive horn at highway-rail
grade crossings; and
(B) the past safety record at each grade crossing
involved; and
(2) whenever the Secretary determines that supplementary
safety measures (as that term is defined in section 20153(a) of
title 49, United States Code) are necessary to provide an
exception referred to in paragraph (1), the Secretary--
(A) having considered the extent to which local
communities have established public awareness
initiatives and highway-rail crossing traffic law
enforcement programs allows for a period of not to
exceed 3 years, beginning on the date of that
determination, for the installation of those measures;
and
(B) works in partnership with affected communities
to provide technical assistance and to develop a
reasonable schedule for the installation of those
measures.
SEC. 410. 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
(B) if such voyage or segment includes or consists of a
segment--
``(i) that begins that 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. 411. 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 30 additional days for comment by interested
persons on the special flight rules in the vicinity of Grand Canyon
National Park described in the notice of proposed rulemaking issued on
July 31, 1996, at 61 Fed. Reg. 40120 et seq.
SEC. 412. INCREASED FEES.
Notwithstanding any other provision of law, the Surface
Transportation Board shall not increase fees for services in connection
with rail maximum rate complaints pursuant to 49 CFR part 1002, STB Ex
Parte No. 542.
SEC. 413. 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 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 derogation of air safety and that it will reduce costs
to taxpayers.
SEC. 414. 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.
(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 of America and that nation, beginning
as of the moment that the act of aggression occurs.
SEC. 415. REPORTING FOR PROCUREMENT CONTRACTS.
Section 47112 is amended by adding at the end the following new
subsection:
``(d) Reporting for Procurement Contracts.--(1) The Secretary of
Transportation shall promulgate regulations to require that each grant
agreement that includes the awarding of any contract that includes
Federal funds in an amount greater than or equal to $5,000,000 under
this subchapter provides for a report to the Secretary that states--
``(A) the number of bids from qualified, responsive and
reasonable bidders that were in amounts lower than the amount
specified in the bid submitted by the bidder awarded the
contract;
``(B) for each bid referred to in subparagraph A (other
than the bid submitted by the bidder awarded the contract) the
amount by which the bid submitted by the bidder awarded the
contract exceeded the lower bid.
``(2) Applicability.--This subsection shall apply to grants
referred to in this paragraph that are awarded on or after the date of
enactment of this Act.''.
SEC. 416. PROVISIONS RELATING TO LIMITED SCOPE AUDIT.
(a) In General.--Subparagraph (C) of section 103(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1023(a)(3)(C)) is amended by adding at the end the following new
clause:
``(ii) If an accountant is offering his opinion
under this section in the case of an employee pension
benefit plan, the accountant shall, to the extent
consistent with generally accepted auditing standards,
rely on the work of any independent public accountant
of any bank or similar institution or insurance carrier
regulated and supervised and subject to periodic
investigation by a State or Federal agency that holds
assets or processes transactions of the employee
pension benefit plan.''.
(b) Conforming Amendments.--
(1) Section 103(a)(3)(A) of such Act (29 U.S.C.
1023(a)(3)(A)) is amended by striking ``subparagraph (C)'' and
inserting ``subparagraph (C)(i)''.
(2) Section 103(a)(3)(C) of such Act (29 U.S.C.
1023(a)(3)(C)) is amended by striking ``(C) The'' and inserting
``(C)(i) In the case of an employee benefit plan other than an
employee pension benefit plan, the''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to opinions required under section 103(a)(3)(A) of
the Employee Retirement Income Security Act of 1974 for plan years
beginning on or after January 1 of the calendar year following the date
of the enactment of this Act.
SEC. 417. ADVANCE ELECTRONIC TRANSMISSION OF CARGO AND PASSENGER
INFORMATION.
(a) Cargo Information.--
(1) In general.--Section 431(b) of the Tariff Act of 1930
(19 U.S.C. 1431(b)) is amended--
(A) by striking ``Any manifest'' and inserting
``(1) Any manifest'', and
(B) by adding at the end the following new
paragraph:
``(2)(A) Every passenger air carrier required to make entry or to
obtain clearance under the customs laws of the United States (or the
authorized agent of such carrier) shall provide by electronic
transmission cargo manifest information described in subparagraph (B)
in advance of such entry or clearance in such manner as the Secretary
shall prescribe.
``(B) The information described in this subparagraph is as follows:
``(i) The airport of arrival or departure, whichever is
appropriate.
``(ii) The airline prefix code.
``(iii) The carrier code.
``(iv) The flight number.
``(v) The date of scheduled arrival or date of departure,
whichever is appropriate.
``(vi) The permit to proceed to the destination, if
applicable.
``(vii) The master and house air waybill numbers and
quantities.
``(viii) The first airport of lading of the cargo.
``(ix) A description and weight of the cargo.
``(x) The shipper's name and address from all air waybills.
``(xi) The consignee name and address from all air
waybills.
``(xii) Notice that actual boarded quantities are not equal
to air waybill quantities.
``(xiii) Transfer or transit information.
``(xiv) Warehouse or other location of the cargo.
``(xv) Any other data that the Secretary may by regulation
prescribe.''.
(2) Conforming amendment.--Subsection (d)(1)(A) of section
431 of such Act is amended by inserting before the semicolon
``or subsection (b)(2)''.
(b) Passenger Information.--The Part II of title IV of the Tariff
Act of 1930 is amended by inserting after section 431 the following new
section:
``SEC. 432. PASSENGER MANIFEST INFORMATION REQUIRED FOR AIR CARRIERS.
``(a) In General.--Every passenger air carrier required to make
entry or obtain clearance under the customs laws of the United States
(or the authorized agent of such carrier) shall provide by electronic
transmission passenger manifest information described in subsection (b)
in advance of such entry or clearance in such manner and form as the
Secretary shall prescribe.
``(b) Information Described.--The information described in this
subsection is as follows:
``(1) Full name of each passenger.
``(2) Date of birth and citizenship of each passenger.
``(3) Passport number and country of issuance of each
passenger.
``(4) Passenger name record.
``(5) Any additional data that the Secretary, by
regulation, determines is reasonably necessary to ensure
aviation safety pursuant to the Customs laws of the United
States.''.
(c) Definition.--Section 401 of the Tariff Act of 1930 is amended
by adding at the end the following new subsection:
``(t) Passenger Air Carrier.--The term `passenger air carrier'
means an air carrier (as defined in section 40102(a)(2) of title 49,
United States Code) or foreign air carrier (as defined in section
40102(a)(21) of such title 49) that provides transportation of
passengers to or from any place in the United States.''.
(d) Effective Date.--The amendments made by this section shall take
effect 45 days after the date of the enactment of this Act.
TITLE V--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS
SEC. 501. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States Code, is
amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104
to read as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108
to read as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and
reentries.'';
and
(C) by amending the item relating to section 70109
to read as follows:
``70109. Preemption of scheduled launches or reentries.'';
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching''
both places it appears in subsection (a)(4);
(C) by inserting ``, reentry vehicles,'' after
``launch vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services`' after
``launch services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after
``launches'' both places it appears in subsection
(a)(7);
(F) by inserting ``, reentry sites,'' after
``launch sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch
sites,'' in subsection (a)(9);
(I) by inserting ``and reentry site'' after
``launch site'' in subsection (a)(9);
(J) by inserting ``reentry vehicles,'' after
``launch vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``commercial
launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry
sites,'' after ``launch-site support facilities,'' in
subsection (b)(4);
(3) in section 70102--
(A) by striking ``and any payload'' and inserting
in lieu thereof ``or reentry vehicle and any payload
from Earth'' in paragraph (3);
(B) by inserting ``or reentry vehicle'' after
``means of a launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10) through (12)
as paragraphs (14) through (16), respectively;
(D) by inserting after paragraph (9) the following
new paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a
reentry vehicle and its payload, if any, for reentry;
and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from outer space substantially
intact.''; and
(E) by inserting ``or reentry services'' after
``launch services'' each place it appears in paragraph
(15), as so redesignated by subparagraph (C) of this
paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after
``Launches'' in the subsection heading;
(B) by inserting ``and reentries'' after ``space
launches'' in paragraph (1); and
(C) by inserting ``and reentry'' after ``space
launch'' in paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
(B) by inserting ``or reentry site, or to reenter a
reentry vehicle,'' after ``operate a launch site'' each
place it appears in subsection (a);
(C) by inserting ``or reentry'' after ``launch or
operation'' in subsection (a)(3) and (4);
(D) in subsection (b)--
(i) by striking ``launch license'' and
inserting in lieu thereof ``license'';
(ii) by inserting ``or reenter'' after
``may launch''; and
(iii) by inserting ``or reentering'' after
``related to launching''; and
(E) in subsection (c)--
(i) by amending the subsection heading to
read as follows: ``Preventing Launches and
Reentries.--'';
(ii) by inserting ``or reentry'' after
``prevent the launch''; and
(iii) by inserting ``or reentry'' after
``decides the launch'';
(6) in section 70105--
(A) by inserting ``or a reentry site, or the
reentry of a reentry vehicle,'' after ``operation of a
launch site'' in subsection (b)(1); and
(B) by striking ``or operation'' and inserting in
lieu thereof ``, operation, or reentry'' in subsection
(b)(2)(A);
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after
``observer at a launch site'';
(B) by inserting ``or reentry vehicle'' after
``assemble a launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after
``with a launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation
of launch sites and reentry sites, and reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or
reentry of a reentry vehicle,'' after
``operation of a launch site''; and
(ii) by inserting ``or reentry'' after
``launch or operation'';
(9) in section 70109--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after
``ensure that a launch'';
(ii) by inserting ``, reentry site,'' after
``United States Government launch site'';
(iii) by inserting ``or reentry date
commitment'' after ``launch date commitment'';
(iv) by inserting ``or reentry'' after
``obtained for a launch'';
(v) by inserting ``, reentry site,'' after
``access to a launch site'';
(vi) by inserting ``, or services related
to a reentry,'' after ``amount for launch
services''; and
(vii) by inserting ``or reentry'' after
``the scheduled launch''; and
(C) in subsection (c), by inserting ``or reentry''
after ``prompt launching'';
(10) in section 70110--
(A) by inserting ``or reentry'' after ``prevent the
launch'' in subsection (a)(2); and
(B) by inserting ``or reentry site, or reentry of a
reentry vehicle,'' after ``operation of a launch site''
in subsection (a)(3)(B);
(11) in section 70111--
(A) by inserting ``or reentry'' after ``launch'' in
subsection (a)(1)(A);
(B) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(1)(B);
(C) by inserting ``or reentry services'' after ``or
launch services'' in subsection (a)(2);
(D) by inserting ``or reentry'' after ``commercial
launch'' both places it appears in subsection (b)(1);
(E) by inserting ``or reentry services'' after
``launch services'' in subsection (b)(2)(C);
(F) by striking ``or its payload for launch'' in
subsection (d) and inserting in lieu thereof ``or
reentry vehicle, or the payload of either, for launch
or reentry''; and
(G) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection
(d);
(12) in section 70112--
(A) by inserting ``or reentry'' after ``one
launch'' in subsection (a)(3);
(B) by inserting ``or reentry services'' after
``launch services'' in subsection (a)(4);
(C) by inserting ``or reentry services'' after
``launch services'' each place it appears in subsection
(b);
(D) by inserting ``applicable'' after ``carried out
under the'' in paragraphs (1) and (2) of subsection
(b);
(E) by striking ``, Space, and Technology'' in
subsection (d)(1);
(F) by inserting ``or Reentries'' after
``Launches'' in the heading for subsection (e); and
(G) by inserting ``or reentry site or a reentry''
after ``launch site'' in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2), by
inserting ``or reentry'' after ``one launch'' each place it
appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch
site,''; and
(B) by inserting ``or reentry vehicle'' after
``launch vehicle'' both places it appears; and
(15) in section 70117--
(A) by inserting ``or reentry site, or to reenter a
reentry vehicle'' after ``operate a launch site'' in
subsection (a);
(B) by inserting ``or reentry'' after ``approval of
a space launch'' in subsection (d);
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--A launch
vehicle, reentry vehicle, or payload that is launched or reentered is
not, because of the launch or reentry, an export or import,
respectively, for purposes of a law controlling exports or imports.'';
and
(D) in subsection (g)--
(i) by striking ``operation of a launch
vehicle or launch site,'' in paragraph (1) and
inserting in lieu thereof ``reentry, operation
of a launch vehicle or reentry vehicle, or
operation of a launch site or reentry site,'';
and
(ii) by inserting ``reentry,'' after
``launch,'' in paragraph (2).
(b) Additional Amendments.--(1) Section 70105 of title 49, United
States Code, is amended--
(A) by inserting ``(1)'' before ``A person may apply'' in
subsection (a);
(B) by striking ``receiving an application'' both places it
appears in subsection (a) and inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following
new paragraph:
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for certification of the safety of a launch vehicle, reentry
vehicle, or safety system, procedure, service, or personnel that may be
used in conducting licensed commercial space launch or reentry
activities.'';
(D) by striking ``and'' at the end of subsection (b)(2)(B);
(E) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(F) by adding at the end of subsection (b)(2) the following
new subparagraph:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter
within 60 days after receipt of such application.''; and
(G) by inserting ``, or the requirement to obtain a
license,'' after ``waive a requirement'' in subsection (b)(3).
(2) The amendment made by paragraph (1)(B) shall take effect upon
the effective date of final regulations issued pursuant to section
70105(b)(2)(D) of title 49, United States Code, as added by paragraph
(1)(F) of this subsection.
(3) Section 70102(5) of title 49, United States Code, is amended--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph:
``(A) activities directly related to the
preparation of a launch site or payload facility for
one or more launches;''.
(4) Section 70103(b) of title 49, United States Code, is amended--
(A) in the subsection heading, as amended by subsection
(a)(4)(A) of this section, by inserting ``and State Sponsored
Spaceports'' after ``and Reentries''; and
(B) in paragraph (1), by inserting `'and State sponsored
spaceports'' after ``private sector''.
(5) Section 70105(a)(1) of title 49, United States Code, as amended
by subsection (b)(1) of this section, is amended by inserting at the
end the following: ``The Secretary shall submit to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a written notice not later
than 7 days after any occurrence when a license is not issued within
the deadline established by this subsection.''.
(6) Section 70111 of title 49, United States Code, is amended--
(A) in subsection (a)(1), by inserting after subparagraph
(B) the following:
``The Secretary shall establish criteria and procedures for determining
the priority of competing requests from the private sector and State
governments for property and services under this section.'';
(B) by striking ``actual costs'' in subsection (b)(1) and
inserting in lieu thereof ``additive costs only''; and
(C) by inserting after subsection (b)(2) the following new
paragraph:
``(3) The Secretary shall ensure the establishment of uniform
guidelines for, and consistent implementation of, this section by all
Federal agencies.''.
(7) Section 70112 of title 49, United States Code, is amended--
(A) in subsection (a)(1), by inserting ``launch, reentry,
or site operator'' after ``(1) When a'';
(B) in subsection (b)(1), by inserting ``launch, reentry,
or site operator'' after ``(1)A''; and
(C) in subsection (f), by inserting ``launch, reentry, or
site operator'' after ``carried out under a''.
(c) Regulations.--(1) Chapter 701 of title 49, United States Code,
is amended by adding at the end the following new section:
``Sec. 70120. Regulations
``The Secretary of Transportation, within 6 months after the date
of the enactment of this section, shall issue regulations to carry out
this chapter that include--
``(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third parties;
``(2) procedures for requesting and obtaining licenses to
operate a commercial launch vehicle and reentry vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch and reentry; and
``(4) procedures for the application of government
indemnification.''.
(2) The table of sections for such chapter 701 is amended by adding
after the item relating to section 70119 the following new item:
``70120. Regulations.''.
TITLE VI--AIR TRAFFIC MANAGEMENT SYSTEM PERFORMANCE IMPROVEMENT ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Air Traffic Management System
Performance Improvement Act of 1996''.
SEC. 602. DEFINITIONS.
For the purposes of this title, the following definitions shall
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. 603. 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. 621. FINDINGS.
The 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.
(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 the 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, the 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.
(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. 622. 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. 623. 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 the fifth sentence
of subsection (b) and inserting ``Except as provided in
subsection (f) of this section or in other provisions of law,
the Administrator''; and
(2) by striking subsection (f) 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 of Transportation shall carry out
the duties and powers of the Administration.
``(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) except as otherwise provided in
paragraph (3), the promulgation of regulations,
rules, orders, circulars, bulletins, and other
official publications of the Administration;
and
``(ii) 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
to the contrary, 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 on the Executive
Schedule under sections 5312 through 5316 of title 5;
``(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in the
Senior Executive Service as defined under section
3132(a) (5), (6), and (7) of title 5, respectively; 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 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 enactment of this Act.
SEC. 624. REGULATIONS.
Section 106(f), as amended by section 623, 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 or advanced
notice of proposed rulemaking. The Administrator shall
issue a final regulation, or take other final action,
not later than 18 months after the date of publication
in the Federal Register of a notice of proposed
rulemaking or, in the case of an advanced notice of
proposed rulemaking, if issued, not later than 24
months after that date.
``(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 $50,000,000 or
more (adjusted annually for inflation beginning
with the year following the date of enactment
of the Air Traffic Management System
Performance Improvement Act of 1996) in any 1
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 it 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 enactment of the Air
Traffic Management System Performance Improvement Act
of 1996, the Administrator shall review any unusually
burdensome regulation issued by the Administrator after
the date of enactment of the Air Traffic Management
System Performance Improvement Act of 1996 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 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 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. 625. PERSONNEL AND SERVICES.
Section 106 is amended by adding at the end the following new
subsection:
``(l) Personnel and Services.--
``(1) Officers and employees.--Except as provided in
section 40121(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 40121(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) In general.--(i) 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 employees employed on a full-time,
part-time, or seasonal basis.
``(ii) The Administrator is authorized to provide
for incidental expenses, including transportation,
lodging, and subsistence for volunteers who provide
voluntary services under this subsection.
``(iii) 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. 626. CONTRACTS.
Section 106(l), as added by section 625 of this title, is amended
by adding at the end the following new paragraph:
``(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. 627. FACILITIES.
Section 106, as amended by section 625 of this title, is further
amended by adding at the end the following new subsection:
``(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. 628. PROPERTY.
Section 106, as amended by section 627 of this title, is further
amended by adding at the end the following new subsection:
``(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
``(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. 629. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
Section 106, as amended by section 628 of this title, is further
amended by adding at the end the following new subsection:
``(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. 630. MANAGEMENT ADVISORY COUNCIL.
Section 106, as amended by section 629 of this title, is further
amended by adding at the end the following new subsection:
``(p) Management Advisory Council.--
``(1) Establishment.--Within 3 months after the date of
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.--
``(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.
``(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.
``(7) Report to Congress.--The Council, in conjunction with
the Administration, shall undertake a review of the overall
condition of aviation safety in the United States and emerging
trends in the safety of particular sections of the aviation
industry. This shall include an examination of--
``(A) the extent to which the dual mission of the
Administration to promote and regulate civil aviation
may affect aviation safety and provide recommendations
to Congress for any necessary changes the Council, in
conjunction with Administration, deems appropriate; and
``(B) the adequacy of staffing and training
resources for safety personnel of the Administration,
including safety inspectors.
The Council shall report to Congress within 180 days after the
date of enactment of this Act on its findings and
recommendations under this paragraph.
SEC. 631. AIRCRAFT ENGINE STANDARDS.
Subsection (a)(1) of section 44715 is amended to read as follows:
``(a) Standards and Regulations.--(1) To relieve and protect the
public health and welfare from aircraft noise, sonic boom, the
Administrator of the Federal Aviation Administration, as he deems
necessary, shall prescribe--
``(A) standards to measure aircraft noise and sonic boom;
``(B) regulations to control and abate aircraft noise and
sonic boom; and
``(C)(i) the Environmental Protection Agency shall consult
with the Federal Aviation Administration on aircraft engine
emission standards;
``(ii) the Environmental Protection Agency shall not change
the aircraft engine emission standards if such change would
significantly increase noise and adversely affect safety;
``(iii) 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.''.
SEC. 632. 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 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.
(d) Definitions.--For purposes of this section, the following
definitions shall 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.
Subtitle B--Federal Aviation Administration Streamlining Programs
SEC. 651. REVIEW OF ACQUISITION MANAGEMENT SYSTEM.
Not later than April 1, 1999, the Administration shall employ
outside experts to provide an independent evaluation of the
effectiveness of its acquisition management system within 3 months
after such date. The Administrator 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. 652. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.
Chapter 401, as amended by section 402 of this Act, is amended by
redesignating section 40121 as 40123, and by inserting after section
40120 the following new section:
``Sec. 40121. Air traffic control modernization reviews
``(a) Required Terminations of Acquisitions.--The Administrator of
the Federal Aviation Administration (hereafter referred to in this
section as the `Administrator') shall terminate any program initiated
after the date of 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 Terminations of Acquisitions.--The Administrator
shall consider terminating, under the authority of subsection (a), any
substantial acquisition 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 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. 653. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.
Chapter 401, as amended by section 652, is further amended by
inserting after section 40121 the following new section:
``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 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 the
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 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. 654. CONFORMING AMENDMENT.
The chapter analysis for chapter 401, as amended by section 403(b)
of this Act, is amended by striking the item relating to section 40120
and inserting the following new items:
``40121. Air traffic control modernization reviews.
``40122. Federal Aviation Administration personnel management system.
``40123. Relationship to other laws.''.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
SEC. 671. FINDINGS.
The 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.
(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 worldwide 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. 672. PURPOSES.
The purposes of this title 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 the 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. 673. USER FEES FOR VARIOUS FEDERAL AVIATION ADMINISTRATION
SERVICES.
(a) In General.--Chapter 453 is amended by striking section 45301
and inserting the following new section:
``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:
``(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 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 chapter analysis for chapter 453 is
amended by striking the item relating to section 45301 and inserting
the following new item:
``45301. General provisions.''.
(c) Repeal.--
(1) In general.--Section 70118 is repealed.
(2) Conforming amendment.--The chapter analysis for chapter
701 is amended by striking the item relating to section 70118.
SEC. 674. INDEPENDENT ASSESSMENT AND TASK FORCE TO REVIEW EXISTING AND
INNOVATIVE FUNDING MECHANISMS.
(a) Independent Assessment.--
(1) Initiation.--As soon as all members of the task force
are appointed under subsection (b) of this section, 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
authorization levels established by the Congress. The
independent assessment 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 task force, 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) Task Force.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of the Treasury, shall establish an 11-member
task force, independent of the Administration and the
Department of Transportation.
(2) Membership.--The members of the task force shall be
selected 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 of the task force shall have
detailed knowledge of the congressional budgetary process.
(3) Hearings and consultation.--
(A) Hearings.--The task force 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 is
authorized to conduct such additional hearings as may
be necessary.
(B) Consultation.--The task force shall consult on
a regular and frequent basis with the Secretary of
Transportation, 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 task force shall not be
considered an advisory committee for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).
(4) Duties.--
(A) Report to secretary.--
(i) In general.--The task force 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 it. 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
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 the 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 task force shall make
such recommendations under subparagraph (A)(III) as the
task force deems appropriate. Those recommendations may
include--
(i) alternative financing and funding
proposals, including linked financing
proposals;
(ii) modifications to existing levels of
Airport and Airways Trust Fund receipts and
taxes for each type of tax;
(iii) 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;
(iv) methods to ensure that funds collected
from the aviation community are able to meet
the needs of the agency;
(v) methods to ensure that funds collected
from the aviation community and passengers are
used to support the aviation system;
(vi) means of meeting the airport
infrastructure needs for large, medium, and
small airports; and
(vii) 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 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 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 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.
(G) Access to documents and staff.--The
Administration may give the task force 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 task force
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.
(H) Travel and per diem.--Each member of the task
force 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.
(I) Detail of personnel from the administration.--
The Administrator shall make available to the task
force such staff, information, and administrative
services and assistance as may reasonably be required
to enable the task force to carry out its
responsibilities under this subsection.
(5) Authorization of appropriations.--There are hereby
authorized to be appropriated such sums as may be necessary to
carry out the provisions of this subsection.
(c) Report by Secretary to Congress.--
(1) Consideration of task force's preliminary report.--
Within 30 days after receiving the preliminary report of the
task force under subsection (b), the Secretary, in consultation
with the Secretary of the Treasury, shall furnish comments on
that report to the task force.
(2) Secretary's report to congress.--Within 30 days after
receiving the final report of the task force and in no event
more than 1 year after the date of enactment of this Act, the
Secretary, after consulting the Secretary of the Treasury,
shall submit a report, based upon the final report of the task
force, containing the Secretary's recommendations for funding
the needs of the aviation system through the year 2002 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.
(3) Contents.--The Secretary shall include in his report to
the Congress under paragraph (2)--
(A) a copy of the final report of the task force;
and
(B) a draft bill containing the changes in law
necessary to implement the Secretary's recommendations.
(4) Publication.--The Secretary shall cause a copy of the
reports to be printed in the Federal Register upon their
submission to Congress.
(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 task force, the
Administrator, the Secretary of Defense, the Committee on
Transportation and Infrastructuree of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
not later than 120 days after the date of enactment of this Act.
SEC. 675. PROCEDURE FOR CONSIDERATION OF CERTAIN FUNDING PROPOSALS.
(a) In General.--Chapter 481 is amended by adding at the end
thereof the following:
``Sec. 48111. Funding proposals
``(a) Introduction and Referral.--Within 15 days (not counting any
day on which either House is not in session) after a funding proposal
is submitted to the House of Representatives and the Senate by the
Secretary of Transportation under section 674(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
House by the Majority Leader of the House, for himself and the Minority
Leader of the House, or by Members of the House designated by the
Majority Leader and Minority Leader of the House; and 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. The implementing bill shall be referred by the Presiding
Officers of the respective Houses to the appropriate committee, or, in
the case of a bill containing provisions within the jurisdiction of two
or more committees, jointly to such committees for consideration of
those provisions within their respective jurisdictions.
``(b) Consideration in the House of Representatives.--
``(1) Referral and reporting.--Any committee of the House
of Representatives to which an implementing bill is referred
shall report it, with or without recommendation, not later than
the 45th calendar day of session after the date of its
introduction. If any committee fails to report the bill within
that period, it is in order to move that the House discharge
the committee from further consideration of the bill. A motion
to discharge may be made only by a Member favoring the bill
(but only at a time or place designated by the Speaker in the
legislative schedule of the day after the calendar day on which
the Member offering the motion announces to the House his
intention to do so and the form of the motion). The motion is
highly privileged. Debate thereon shall be limited to not more
than one hour, the time to be divided in the House equally
between a proponent and an opponent. The previous question
shall be considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order.
``(2) Consideration of implementing bill.--After an
implementing bill is reported or a committee has been
discharged from further consideration, it is in order to move
that the House resolve into the Committee of the Whole House on
the State of the Union for consideration of the bill. If
reported and the report has been available for at least one
calendar day, all points of order against the bill and against
consideration of the bill are waived. If discharged, all points
of order against the bill and against consideration of the bill
are waived. The motion is highly privileged. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. During consideration of the
bill in the Committee of the Whole, the first reading of the
bill shall be dispensed with. General debate shall proceed,
shall be confined to the bill, and shall not exceed one hour
equally divided and controlled by a proponent and an opponent
of the bill. The bill shall be considered as read for amendment
under the five-minute rule. Only one motion to rise shall be in
order, except if offered by the manager. No amendment to the
bill is in order except an amendment that is relevant to
aviation funding and the Federal Aviation Administration.
Consideration of the bill for amendment shall not exceed one
hour excluding time for recorded votes and quorum calls. No
amendment shall be subject to further amendment, except pro
forma amendments for the purposes of debate only. At the
conclusion of the consideration of the bill for amendment, the
Committee shall rise and report the bill to the House with such
amendments as may have been adopted. The previous question
shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion. A motion
to reconsider the vote on passage of the bill shall not be in
order.
``(3) Appeals of rulings.--Appeals from decision of the
Chair regarding application of the rules of the House of
Representatives to the procedure relating to an implementing
bill shall be decided without debate.
``(4) Consideration of more than one implementing bill.--It
shall not be in order to consider under this subsection more
than one implementing bill under this section, except for
consideration of a similar Senate bill (unless the House has
already rejected an implementing bill) or more than one motion
to discharge described in paragraph (1) with respect to an
implementing bill.
``(c) Consideration in the Senate.--An implementing bill introduced
in the Senate 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 that 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.
``(d) Consideration in Conference.--
``(1) Convening of conference.--In the case of disagreement
between the two Houses of Congress with respect to an
implementing bill passed by both Houses, conferees should be
promptly appointed and a conference promptly convened, if
necessary.
``(2) House consideration.--Notwithstanding any other rule
of the House of Representatives, it shall be in order to
consider the report of a committee of conference relating to an
implementing bill if such report has been available for one
calendar day (excluding Saturdays, Sundays, and legal holidays,
unless the House is in session on such a day) and the
accompanying statement shall have been filed in the House.
``(e) Definitions.--For purposes of this section--
``(1) Implementing bill.--The term `implementing bill'
means only a bill of either House of Congress which is
introduced as provided 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.
``(f) Rules of House of Representatives and Senate.--This section
is enacted by the Congress--
``(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of implementing bills
described in subsection (d); and they supersede other rules
only to the extent that they are inconsistent therewith; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that
House.''.
(b) Clerical Amendment.--The table of sections for chapter 481 is
amended by adding at the end thereof the following:
``48111. Funding proposals.''.
SEC. 676. ADMINISTRATIVE PROVISIONS.
(a) In General.--Chapter 453, as amended by section 654 of this
title, is further amended by--
(1) redesignating section 45303 as section 45304; and
(2) by inserting after section 45302 the following:
``Sec. 45303. Administrative provisions
``(a) In General.--
``(1) Fees payable to administrator.--All fees imposed and
amounts collected under this chapter for services performed, or
materials furnished, by the Federal Aviation Administration
(hereafter in this section referred to as the `Administration')
are payable to the Administrator.
``(2) Refunds.--The Administrator may refund any fee paid
by mistake or any amount paid in excess of that required.
``(3) 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 the date
of enactment of the Air Traffic Management System Performance
Improvement Act of 1996 are required to be credited to the
general fund of the Treasury (whether imposed under this
section or not)--
``(A) shall be credited to a separate account
established in the Treasury and made available for
Administration activities;
``(B) shall be available immediately for
expenditure but only for congressionally authorized and
intended purposes; and
``(C) shall remain available until expended.
``(4) Annual budget report by administrator.--The
Administrator shall, on the same day each year as the President
submits the annual budget to the 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--
``(A) a list of fee collections by the
Administration during the preceding fiscal year;
``(B) a list of activities by the Administration
during the preceding fiscal year that were supported by
fee expenditures and appropriations;
``(C) budget plans for significant programs,
projects, and activities of the Administration,
including out-year funding estimates;
``(D) any proposed disposition of surplus fees by
the Administration; and
``(E) such other information as those committees
consider necessary.
``(5) 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.
``(6) Compensation to carriers for acting as collection
agents.--The 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.
``(7) Cost reduction and efficiency report.--Prior to the
submission of any proposal for establishment, implementation,
or expansion of any fees or taxes imposed on the aviation
industry, the Administrator shall prepare a report for
submission to the Congress which includes--
``(A) a justification of the need for the proposed
fees or taxes;
``(B) a statement of steps taken by the
Administrator to reduce costs and improve efficiency
within the Administration;
``(C) an analysis of the impact of any fee or tax
increase on each sector of the aviation transportation
industry; and
``(D) a comparative analysis of any decrease in tax
amounts equal to the receipts from which are credited
to the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--The chapter analysis 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. 677. 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 new chapter:
``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 1998,
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 1998,
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 VIII is
amended by adding at the end the following new item:
``482. Advance appropriations for airport and airway trust 48201.''.
facilities.
SEC. 678. RURAL AIR SERVICE SURVIVAL ACT.
(a) Short Title.--This section may be cited as the ``Rural Air
Service Survival Act''.
(b) Findings.--The Congress finds that--
(1) air service in rural areas is essential to a national
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
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
Administration credited to the account established under section
45303(a)(3) 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), including the funds derived from fees imposed
under the authority contained in section 45301(a), 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.''.
(d) Conforming Amendment.--The chapter analysis for chapter 417 is
amended by striking the item relating to section 41742 and inserting
the following:
``41742. Essential air service authorization.''.
(e) Secretary May Require Matching Local Funds.--Section 41737 is
amended by adding at the end thereof the following:
``(e) Matching Funds.--No earlier than 2 years after the effective
date of section 679 of the Air Traffic Management System Performance
Improvement Act of 1996, the Secretary may require an eligible agency,
as defined in section 40117(a)(2) of this title, to provide matching
funds of up to 10 percent for any payments it receives under this
subchapter.''.
(f) Transfer of Essential Air Service Program to FAA.--The
responsibility for administration of subchapter II of chapter 417 is
transferred from the Secretary of Transportation to the Administrator.
TITLE VII--PILOT RECORDS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Pilot Records Improvement Act of
1996''.
SEC. 702. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.
(a) In General.--Section 44936 is amended by adding at the end the
following new subsection:
``(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 (hereafter in this
subsection referred to as the `Administrator'), 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 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
``(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) written notice of the request and of the
right of that individual to receive a copy of such
records; and
``(B) 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 enactment of the Pilot Records Improvement Act of 1996,
and at least once every 3 years thereafter, the Administrator
shall transmit to the 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).
``(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 (a)(1);
``(B) a person who has complied with such request;
or
``(C) 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 (a).
``(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 (a).
``(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.''.
(b) Conforming Amendment.--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 a revocation or suspension still in effect on the date of
the request.''.
(c) Applicability.--The amendments made by this section shall apply
to any air carrier hiring an individual as a pilot whose application
was first received by the carrier on or after the 120th day after the
date of enactment of this Act.
SEC. 703. STUDY OF MINIMUM STANDARDS FOR PILOT QUALIFICATIONS.
The Administrator shall appoint a task force consisting of
appropriate representatives of the aviation industry to conduct a study
directed toward the development of--
(1) 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
(2) 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 paragraph (1).
TITLE VIII--ABOLITION OF BOARD OF REVIEW
SEC. 801. ABOLITION OF BOARD OF REVIEW AND RELATED AUTHORITY.
(a) Abolition of Board of Review.--Section 6007 of the Metropolitan
Washington Airports Act of 1986 (formerly 49 U.S.C. App. 2456) is
amended--
(1) by striking subsections (f) and (h);
(2) by redesignating subsection (g) as subsection (f); and
(3) by redesignating subsection (i) as subsection (g).
(b) Conforming Amendments.--
(1) Relationship to and effect of other laws.--Section
6009(b) of the Metropolitan Washington Airports Act of 1986
(formerly 49 U.S.C. App. 2458(b)) is amended by striking ``or
by reason of the authority'' and all that follows through the
end of the subsection and inserting a period.
(2) Separability.--Section 6011 of the Metropolitan
Washington Airports Act of 1986 (formerly 49 U.S.C. App. 2460)
is amended by striking ``Except as provided in section 6007(h),
if'' and inserting ``If''.
(c) Protection of Certain Actions.--Any action taken by the
Airports Authority and submitted to the Board of Review pursuant to
section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986
before April 1, 1995, shall remain in effect and shall not be set aside
solely by reason of a judicial order invalidating certain functions of
the Board.
SEC. 802. SENSE OF THE SENATE.
It is the sense of the Senate that the 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.
SEC. 803. CONFORMING AMENDMENTS IN OTHER LAW.
Any reference in any Federal law, Executive order, rule,
regulation, or delegation of authority to the Board of Review or the
provisions of law repealed under this title is hereby repealed.
SEC. 804. DEFINITIONS.
For purposes of this title--
(1) the terms ``Airports Authority'', ``Washington National
Airport'', and ``Washington Dulles International Airport'' have
the same meanings as in section 6004 of the Metropolitan
Washington Airports Act of 1986; and
(2) the term ``Board of Review'' means the Board of Review
of the Airports Authority.
SEC. 805. INCREASE IN NUMBER OF PRESIDENTIALLY APPOINTED MEMBERS OF
BOARD.
(a) In General.--Section 6007(e) of the Metropolitan Washington
Airports Act of 1986 (formerly 49 U.S.C. 2456(e)) is amended--
(1) by striking ``11 members,'' in paragraph (1) and
inserting ``13 members,'';
(2) by striking ``one member'' in paragraph (1)(D) and
inserting ``3 members''; and
(3) by striking ``Seven'' in paragraph (5) and inserting
``Eight''.
(b) Staggering Terms for Presidential Appointees.--Of the members
first appointed by the President after the date of enactment of this
Act--
(1) one shall be appointed for a term that expires
simultaneously with the term of the member of the Metropolitan
Washington Airports Authority board of directors serving on
that date (or, if there is a vacancy in that office, the member
appointed to fill the existing vacancy and the member to whom
this paragraph applies shall be appointed for 2 years);
(2) one shall be appointed for a term ending 2 years after
the term of the member (or members) to whom paragraph (1)
applies expires; and
(3) one shall be appointed for a term ending 4 years after
the term of the member (or members) to whom paragraph (1)
applies expires.
SEC. 806. RECONSTITUTED BOARD TO FUNCTION WITHOUT INTERRUPTION.
Notwithstanding any provision of State law, including those
provisions establishing, providing for the establishment of, or
recognizing the Metropolitan Washington Airports Authority, and based
upon the Federal interest in the continued functions of the
Metropolitan Washington Airports (as defined in section 6004(4) of the
Metropolitan Washington Airports Authority Act of 1986 (formerly 49
U.S.C. 2451(4)), the board of directors of such Authority, including
any members appointed under the amendments made by section 805, shall
continue to meet and act after the date of enactment of this Act until
such time as necessary conforming changes in State law are made in the
same manner as if those conforming changes had been enacted on the date
of enactment of this Act.
SEC. 807. OPERATIONAL SLOTS AT NATIONAL AIRPORT.
Nothing in this title shall affect the number or distribution of
operational slots at National Airport.
SEC. 808. AIRPORTS AUTHORITY SUPPORT OF BOARD.
Section 6005 of the Metropolitan Washington Airports Authority Act
of 1986 (formerly 49 U.S.C. 2454) is amended by adding at the end
thereof the following:
``(f) Federal Agency Oversight.--The Airports Authority shall not
be required--
``(1) to pay any person;
``(2) to provide office space or administrative support; or
``(3) to reimburse the Secretary of Transportation for
expenses incurred,
for carrying out any Federal agency oversight responsibilities under
this Act. Nothing in this subsection precludes the Airport Authority
from providing services or expenses to any member of the Board of
Directors.''.
TITLE IX--AIRPORT REVENUE PROTECTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Airport Revenue Protection Act of
1996''.
SEC. 902. FINDINGS; PURPOSE.
(a) In General.--The 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. 903. DEFINITIONS.
For purposes of this title, the following definitions shall 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.
SEC. 904. RESTRICTION ON USE OF AIRPORT REVENUES.
(a) In General.--Subchapter I of chapter 471, as amended by section
201(a) of this Act, is further amended by adding at the end of
subchapter I the following new section:
``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) Conforming Amendment.--The chapter analysis for subchapter I of
chapter 471 is amended by adding at the end the following new item:
``47133. Restriction on use of revenues.''.
SEC. 905. REGULATIONS; AUDITS AND ACCOUNTABILITY.
(a) In General.--Section 47107 is amended by adding at the end the
following new subsections:
``(m) Audit Certification.--
``(1) In general.--The Secretary of Transportation
(hereafter in this section referred to as the `Secretary'),
acting through the Administrator of the Federal Aviation
Administration (hereafter in this section referred to as the
`Administrator'), 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 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 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 of Policies and Procedures; Deadlines.--
(1) In general.--Not later than 90 days after the date of
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
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 new paragraph:
``(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. 906. CONFORMING AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
Section 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) in subsection (d), by adding at the end of subsection
(d) the following:
``(4) 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 X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1001. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1) of the Internal Revenue Code of 1986 (relating
to expenditures from Airport and Airway Trust Fund) is amended by--
(1) striking ``1996'' and inserting ``1997''; and
(2) inserting ``or the Federal Aviation Reauthorization Act
of 1996'' after ``Administration Authorization Act of 1994''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3539
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