[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Engrossed in House (EH)]


  2d Session

                               H. R. 4057

_______________________________________________________________________

                                 AN ACT

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 4057

_______________________________________________________________________

                                 AN ACT


 
 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Airport 
Improvement Program Reauthorization Act of 1998''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Administrator defined.
                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Grants from small airport fund.
Sec. 106. Innovative use of airport grant funds.
Sec. 107. Airport security program.
Sec. 108. Matching share for State block grant program.
Sec. 109. Treatment of certain facilities as airport-related projects.
Sec. 110. Terminal development costs.
Sec. 111. Conveyances of surplus property for public airports.
Sec. 112. Construction of runways.
Sec. 113. Potomac Metroplex terminal radar approach control facility.
Sec. 114. General facilities authority.
Sec. 115. Transportation assistance for Olympic cities.
Sec. 116. Denial of airport access to certain air carriers.
Sec. 117. Period of applicability of amendments.
Sec. 118. Technical amendments.
                    TITLE II--CONTRACT TOWER PROGRAM

Sec. 201. Contract towers.
                      TITLE III--FAMILY ASSISTANCE

Sec. 301. Responsibilities of National Transportation Safety Board.
Sec. 302. Air carrier plans.
Sec. 303. Foreign air carrier plans.
Sec. 304. Applicability of Death on the High Seas Act.
                  TITLE IV--WAR RISK INSURANCE PROGRAM

Sec. 401. Aviation insurance program amendments.
                            TITLE V--SAFETY

Sec. 501. Cargo collision avoidance systems deadline.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Marking of life limited aircraft parts.
                   TITLE VI--WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.
               TITLE VII--CENTENNIAL OF FLIGHT COMMISSION

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Establishment.
Sec. 704. Membership.
Sec. 705. Duties.
Sec. 706. Powers.
Sec. 707. Staff and support services.
Sec. 708. Contributions.
Sec. 709. Exclusive right to name, logos, emblems, seals, and marks.
Sec. 710. Reports.
Sec. 711. Audit of financial transactions.
Sec. 712. Advisory Board.
Sec. 713. Definitions.
Sec. 714. Termination.
Sec. 715. Authorization of appropriations.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Clarification of regulatory approval process.
Sec. 802. Duties and powers of Administrator.
Sec. 803. Prohibition on release of offeror proposals.
Sec. 804. Multiyear procurement contracts.
Sec. 805. Federal Aviation Administration personnel management system.
Sec. 806. General facilities and personnel authority.
Sec. 807. Implementation of article 83 bis of the Chicago Convention.
Sec. 808. Public availability of airmen records.
Sec. 809. Government and industry consortia.
Sec. 810. Passenger manifest.
Sec. 811. Cost recovery for foreign aviation services.
Sec. 812. Technical corrections to civil penalty provisions.
Sec. 813. Enhanced vision technologies.
Sec. 814. Foreign carriers eligible for waiver under Airport Noise and 
                            Capacity Act.
Sec. 815. Typographical errors.
Sec. 816. Acquisition management system.
Sec. 817. Independent validation of FAA costs and allocations.
Sec. 818. Elimination of backlog of equal employment opportunity 
                            complaints.
Sec. 819. Newport News, Virginia.
Sec. 820. Grant of easement, Los Angeles, California.
Sec. 821. Regulation of Alaska air guides.
Sec. 822. Public aircraft defined.
              TITLE IX--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Air tour management plans for national parks.
Sec. 904. Advisory group.
Sec. 905. Reports.
Sec. 906. Exemptions.
Sec. 907. Definitions.
    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

Sec. 1001. Extension of expenditure authority.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, this 
Act and the amendments made by this Act apply only to fiscal years 
beginning after September 30, 1998.
    (b) Limitation on Statutory Construction.--Nothing in this Act or 
any amendment made by this Act shall be construed as affecting funds 
made available for a fiscal year ending before October 1, 1998.

SEC. 4. ADMINISTRATOR DEFINED.

    In this Act, the term ``Administrator'' means the Administrator of 
the Federal Aviation Administration.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by striking ``September 30, 1996'' and inserting 
        ``September 30, 1998''; and
            (2) by striking ``$2,280,000,000'' and all that follows 
        through the period at the end and inserting the following: 
        ``$2,347,000,000 for fiscal years ending before October 1, 
        1999.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``1998'' and inserting ``1999''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--Section 48101(a) is 
amended by adding at the end the following:
            ``(3) $2,131,000,000 for fiscal year 1999.''.
    (b) Universal Access Systems.--Section 48101 is amended by adding 
at the end the following:
    ``(d) Universal Access Systems.--Of the amounts appropriated under 
subsection (a) for fiscal year 1999, $8,000,000 may be used for the 
voluntary purchase and installation of universal access systems.''.

SEC. 103. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended--
            (1) by inserting ``(1) In general.--'' before ``There'';
            (2) in paragraph (1) (as so designated) by striking 
        ``$5,158,000,000'' and all that follows through the period at 
        the end and inserting the following: ``$5,632,000,000 for 
        fiscal year 1999.'';
            (3) by adding at the end the following:
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) for fiscal year 1999--
                    ``(A) $450,000 may be used for wildlife hazard 
                mitigation measures and management of the wildlife 
                strike database of the Federal Aviation Administration;
                    ``(B) such sums as may be necessary may be used to 
                fund an office within the Federal Aviation 
                Administration dedicated to supporting infrastructure 
                systems development for both general aviation and the 
                vertical flight industry;
                    ``(C) such sums as may be necessary may be used to 
                revise existing terminal and en route procedures and 
                instrument flight rules to facilitate the takeoff, 
                flight, and landing of tiltrotor aircraft and to 
                improve the national airspace system by separating such 
                aircraft from congested flight paths of fixed-wing 
                aircraft; and
                    ``(D) $3,000,000 may be used to establish a 
                prototype helicopter infrastructure using current 
                technologies (such as the Global Positioning System) to 
                support all-weather, emergency medical service for 
                trauma patients.''; and
            (4) by indenting paragraph (1) (as designated by paragraph 
        (1) of this subsection) and aligning such paragraph (1) with 
        paragraph (2) (as added by paragraph (2) of this subsection).
    (b) Authorization of Appropriations From Trust Fund.--Section 48104 
is amended--
            (1) by striking subsection (b) and redesignating subsection 
        (c) as subsection (b);
            (2) in subsection (b), as so redesignated--
                    (A) in the subsection heading by striking ``Fiscal 
                Years 1994-1998'' and inserting ``Fiscal Year 1999''; 
                and
                    (B) in the matter preceding paragraph (1) by 
                striking ``each of fiscal years 1994 through 1998'' and 
                inserting ``fiscal year 1999''.
    (c) Limitation on Obligating or Expending Amounts.--Section 
48108(c) is amended by striking ``1998'' and inserting ``1999''.

SEC. 104. AIP FORMULA CHANGES.

    (a) Discretionary Fund.--Section 47115 is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsection (h) as subsection (g); and
            (3) by inserting before the period at the end of subsection 
        (g) (as so redesignated) the following: ``with funds made 
        available under this section and, if such funds are not 
        sufficient, with funds made available under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
        rata basis''.
    (b) Amounts Apportioned to Sponsors.--Section 47114(c)(1) is 
amended--
            (1) in subparagraph (A)(v) by inserting ``subject to 
        subparagraph (C),'' before ``$.50''; and
            (2) by adding at the end the following:
    ``(C) The amount to be apportioned for a fiscal year for a 
passenger described in subparagraph (A)(v) shall be reduced to $.40 if 
the total amount made available under section 48103 for such fiscal 
year is less than $1,350,000,000.''.
    (c) Entitlement for General Aviation Airports.--Section 47114(d)(2) 
is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``18.5 percent'' and inserting ``20 percent'';
            (2) in subparagraph (A) by striking ``0.66'' and inserting 
        ``0.62; and
            (3) in each of subparagraphs (B) and (C) by striking 
        ``49.67'' and inserting ``49.69''.
    (d) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) Special rule.--An amount apportioned under paragraph 
        (2) of this subsection for airports in Alaska, Puerto Rico, or 
        Hawaii may be made available by the Secretary for any public 
        airport in those respective jurisdictions.''.
    (e) Use of State-Apportioned Funds for System Planning.--Section 
47114(d) is further amended by adding at the end the following:
            ``(4) Integrated airport system planning.--Notwithstanding 
        paragraph (2), funds made available under this subsection may 
        be used for integrated airport system planning that encompasses 
        1 or more primary airports.''.
    (f) Grants for Airport Noise Compatibility Planning.--Section 
47117(e)(1) is amended--
            (1) in subparagraph (A) by striking ``31 percent'' each 
        place it appears and inserting ``33 percent''; and
            (2) in subparagraph (B) by striking ``At least'' and all 
        that follows through ``sponsors of current'' and inserting ``At 
        least 4 percent to sponsors of current''.
    (g) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) in the subsection heading by striking ``Alternative'' 
        and inserting ``Supplemental'';
            (2) in paragraph (1)--
                    (A) by striking ``Instead of apportioning amounts 
                for airports in Alaska under'' and inserting ``In 
                general.--Notwithstanding''; and
                    (B) by striking ``those airports'' and inserting 
                ``airports in Alaska'';
            (3) in paragraph (2) by inserting ``Authority for 
        discretionary grants.--'' before ``This subsection'';
            (4) by striking paragraph (3) and inserting the following:
            ``(3) Airports eligible for funds.--An amount apportioned 
        under this subsection may be used for any public airport in 
        Alaska.''; and
            (5) by indenting paragraph (1) and aligning it and 
        paragraph (2) with paragraph (3) (as amended by paragraph (4) 
        of this subsection).
    (h) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and by redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.
    (i) Designating Current and Former Military Airports.--Section 
47118 is amended--
            (1) in subsection (a) by striking ``12'' and inserting 
        ``15'';
            (2) by striking subsection (c) and redesignating 
        subsections (d) through (f) as subsections (c) through (e), 
        respectively;
            (3) in subsection (c), as so redesignated, by striking 
        ``47117(e)(1)(E)'' and inserting ``47117(e)(1)(B)''; and
            (4) by adding at the end the following:
    ``(f) Designation of General Aviation Airport.--Notwithstanding any 
other provision of this section, at least 1 of the airports designated 
under subsection (a) shall be a general aviation airport that is a 
former military installation closed or realigned under a law described 
in subsection (a)(1).''.
    (j) Eligibility of Runway Incursion Prevention Devices.--
            (1) Policy.--Section 47101(a)(11) is amended by inserting 
        ``(including integrated in-pavement lighting systems for 
        runways and taxiways and other runway and taxiway incursion 
        prevention devices)'' after ``activities''.
            (2) Maximum use of safety facilities.--Section 47101(f) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9); and
                    (B) by striking the period at the end of paragraph 
                (10) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways.''.
            (3) Airport development defined.--Section 47102(3)(B)(ii) 
        is amended by inserting ``and including integrated in-pavement 
        lighting systems for runways and taxiways and other runway and 
        taxiway incursion prevention devices'' before the semicolon at 
        the end.

SEC. 105. GRANTS FROM SMALL AIRPORT FUND.

    (a) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--Section 47116 is amended by adding at the end the 
following:
    ``(e) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--In the first fiscal year beginning after the effective 
date of regulations issued to carry out section 44706(b) with respect 
to airports described in section 44706(a)(2), and in each of the next 4 
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts 
distributed to sponsors of airports under subsection (b)(2) shall be 
used to assist the airports in meeting the terms established by the 
regulations. If the Secretary publishes in the Federal Register a 
finding that all the terms established by the regulations have been 
met, this subsection shall cease to be effective as of the date of such 
publication.''.
    (b) Notification of Source of Grant.--Section 47116 is further 
amended by adding at the end the following:
    ``(f) Notification of Source of Grant.--Whenever the Secretary 
makes a grant under this section, the Secretary shall notify the 
recipient of the grant, in writing, that the source of the grant is 
from the small airport fund.''.

SEC. 106. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) In General.--Subchapter I of chapter 471 is amended by adding 
at the end the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation may approve 
applications under this subchapter for not more than 20 projects for 
which grants made under this subchapter may be used to implement 
innovative financing techniques.
    ``(b) Purpose.--The purpose of implementing innovative financing 
techniques under this section shall be to provide information on the 
benefits and difficulties of using such techniques for airport 
development projects.
    ``(c) Limitation.--In no case shall the implementation of an 
innovative financing technique under this section be used in a manner 
giving rise to a direct or indirect guarantee of any airport debt 
instrument by the United States Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' is limited to--
            ``(1) payment of interest;
            ``(2) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development; and
            ``(3) flexible non-Federal matching requirements.''.
    (b) Conforming Amendment.--The analysis for subchapter 1 of chapter 
471 is amended by adding at the end the following:

``47135. Innovative financing techniques.''.

SEC. 107. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 (as amended by section 106 of this 
Act) is amended by adding the following new section:
``Sec. 47136. Airport security program
    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out not 
less than one project to test and evaluate innovative airport security 
systems and related technology.
    ``(b) Priority.--In carrying out this section, the Secretary shall 
give the highest priority to a request from an eligible sponsor for a 
grant to undertake a project that--
            ``(1) evaluates and tests the benefits of innovative 
        airport security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        airport and aircraft physical security and access control; and
            ``(2) provides testing and evaluation of airport security 
        systems and technology in an operational, test bed environment.
    ``(c) Matching Share.--Notwithstanding section 47109, the United 
States Government's share of allowable project costs for a project 
under this section is 100 percent.
    ``(d) Terms and Conditions.--The Secretary may establish such terms 
and conditions as the Secretary determines appropriate for carrying out 
a project under this section, including terms and conditions relating 
to the form and content of a proposal for a project, project 
assurances, and schedule of payments.
    ``(e) Eligible Sponsor Defined.--In this section, the term 
`eligible sponsor' means a nonprofit corporation composed of a 
consortium of public and private persons, including a sponsor of a 
primary airport, with the necessary engineering and technical expertise 
to successfully conduct the testing and evaluation of airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available not less than $5,000,000 for the purpose 
of carrying out this section.''.
    (b) Conforming Amendment.--The analysis for subchapter 1 of such 
chapter is amended by adding at the end the following:

``47136. Airport security program.''.

SEC. 108. MATCHING SHARE FOR STATE BLOCK GRANT PROGRAM.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) not more than 90 percent for a project funded by a 
        grant issued to and administered by a State under section 
        47128, relating to the State block grant program;'';
            (3) by striking ``and'' at the end of paragraph (3) (as so 
        redesignated); and
            (4) by striking the period at the end of paragraph (4) (as 
        so redesignated) and inserting ``; and''.

SEC. 109. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.

    Section 40117 is amended by adding at the end the following:
    ``(j) Shell of Terminal Building and Aircraft Fueling Facilities.--
In order to enable additional air service by an air carrier with less 
than 50 percent of the scheduled passenger traffic at an airport, the 
Secretary may consider the shell of a terminal building (including 
heating, ventilation, and air conditioning) and aircraft fueling 
facilities adjacent to an airport terminal building to be an eligible 
airport-related project under subsection (a)(3)(E).''.

SEC. 110. TERMINAL DEVELOPMENT COSTS.

    (a) Repaying Borrowed Money.--Section 47119(a) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``0.05'' and inserting ``0.25''; 
                and
                    (B) by striking ``between January 1, 1992, and 
                October 31, 1992,'' and inserting ``between August 1, 
                1986, and September 30, 1990, or between June 1, 1991, 
                and October 31, 1992,''; and
            (2) in paragraph (1)(B) by striking ``an airport 
        development project outside the terminal area at that airport'' 
        and inserting ``any needed airport development project 
        affecting safety, security, or capacity''.
    (b) Nonhub Airports.--Section 47119(c) is amended by striking 
``0.05'' and inserting ``0.25''.

SEC. 111. CONVEYANCES OF SURPLUS PROPERTY FOR PUBLIC AIRPORTS.

    (a) Requests by Public Agencies.--Section 47151 is amended by 
adding at the end the following:
    ``(d) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality of the 
executive branch of the United States Government, such a department, 
agency, or instrumentality shall give priority consideration to a 
request made by a public agency (as defined in section 47102) for 
surplus property described in subsection (a) for use at a public 
airport.''.
    (b) Notice and Public Comment; Publication of Decisions.--Section 
47153(a) is amended--
            (1) in paragraph (1) by inserting ``, after providing 
        notice and an opportunity for public comment,'' after ``if the 
        Secretary decides''; and
            (2) by adding at the end the following:
            ``(3) Publication of decisions.--The Secretary shall 
        publish in the Federal Register any decision to waive a term 
        under paragraph (1) and the reasons for the decision.''.
    (c) Considerations.--Section 47153 is amended by adding at the end 
the following:
    ``(c) Considerations.--In deciding whether to waive a term required 
under section 47152 or add another term, the Secretary shall consider 
the current and future needs of the users of the airport and the 
interests of the owner of the property.''.
    (d) References to Gifts.--Chapter 471 is amended--
            (1) in section 47151--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``give'' and inserting ``convey 
                        to''; and
                            (ii) in paragraph (2) by striking ``gift'' 
                        and inserting ``conveyance'';
                    (B) in subsection (b)--
                            (i) by striking ``giving'' and inserting 
                        ``conveying''; and
                            (ii) by striking ``gift'' and inserting 
                        ``conveyance''; and
                    (C) in subsection (c)--
                            (i) in the subsection heading by striking 
                        ``Given'' and inserting ``Conveyed''; and
                            (ii) by striking ``given'' and inserting 
                        ``conveyed'';
            (2) in section 47152--
                    (A) in the section heading by striking ``gifts'' 
                and inserting ``conveyances''; and
                    (B) in the matter preceding paragraph (1) by 
                striking ``gift'' and inserting ``conveyance'';
            (3) in section 47153(a)(1)--
                    (A) by striking ``gift'' each place it appears and 
                inserting ``conveyance''; and
                    (B) by striking ``given'' and inserting 
                ``conveyed''; and
            (4) in the analysis for such chapter by striking the item 
        relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

SEC. 112. CONSTRUCTION OF RUNWAYS.

    Notwithstanding any provision of law that specifically restricts 
the number of runways at a single international airport, the Secretary 
of Transportation may obligate funds made available under chapters 471 
and 481 of title 49, United States Code, for any project to construct a 
new runway at such airport, unless this section is expressly repealed.

SEC. 113. POTOMAC METROPLEX TERMINAL RADAR APPROACH CONTROL FACILITY.

    (a) Site Selection.--The Administrator may not select a site for, 
or begin construction of, the Potomac Metroplex terminal radar approach 
control facility before the 90th day after the Administrator transmits 
to Congress a report on the relative costs and benefits of constructing 
the facility on land already owned by the United States, including land 
located outside the Washington, D.C., metropolitan area.
    (b) Contents of Report.--The report to be transmitted under 
subsection (a) shall include--
            (1) a justification for the current construction plan, 
        including the size and cost of the consolidated facility; and
            (2) a complete risk analysis of the possibility that the 
        redesigned airspace may not be completed, or may be only 
        partially completed, including an explanation of whether or not 
        the consolidation will be cost beneficial if the airspace is 
        only partially redesigned.

SEC. 114. GENERAL FACILITIES AUTHORITY.

    (a) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``each of fiscal years 1995 and 1996'' and 
        inserting ``fiscal year 1999''; and
            (2) by inserting ``under new or existing contracts'' after 
        ``including acquisition''.
    (b) Loran-C Navigation Facilities.--Section 44502(a) is amended by 
adding at the end the following:
            ``(5) Maintenance and upgrade of loran-c navigation 
        facilities.--The Secretary shall maintain and upgrade Loran-C 
        navigation facilities throughout the transition period to 
        satellite-based navigation.''.

SEC. 115. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

    (a) Purpose.--The purpose of this section is to provide assistance 
and support to State and local efforts on aviation-related 
transportation issues necessary to obtain the national recognition and 
economic benefits of participation in the International Olympic, 
Paralympic, and Special Olympics movements by hosting international 
quadrennial Olympic events and Paralympic and Special Olympic events in 
the United States.
    (b) Airport Development Projects.--
            (1) Airport development defined.--Section 47102(3) is 
        amended by adding at the end the following:
                    ``(H) Developing, in coordination with State and 
                local transportation agencies, intermodal 
                transportation plans necessary for Olympic-related 
                projects at an airport.''.
            (2) Discretionary grants.--Section 47115(d) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the need for the project in order to meet the unique 
        demands of hosting international quadrennial Olympic events.''.

SEC. 116. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

    (a) In General.--It shall not be considered unreasonable or unjust 
discrimination or a violation of section 47107 of title 49, United 
States Code, for the owner or operator of an airport described in (b) 
to deny access to any air carrier that is conducting operations as a 
public charter under part 380 of title 14, Code of Federal Regulations, 
with aircraft designed to carry more than 9 passengers per flight.
    (b) Covered Airports.--This section shall only apply to an airport 
that--
            (1) is designated as a reliever airport by the 
        Administrator;
            (2) does not have an operating certificate issued under 
        part 139 of title 14, Code of Federal Regulations; and
            (3) is located within 25 miles of an airport that has at 
        least 0.05 percent of the total annual boardings in the United 
        States and has current gate capacity to handle the demands of 
        the public charter operation.
    (c) Public Charter Defined.--In this section, the term `public 
charter' means charter air transportation for which the general public 
is provided in advance a schedule containing the departure location, 
departure time, and arrival location of the flights.

SEC. 117. PERIOD OF APPLICABILITY OF AMENDMENTS.

    Effective September 29, 1998, section 125 of the Federal Aviation 
Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat. 3220) is 
repealed.

SEC. 118. TECHNICAL AMENDMENTS.

    (a) Discretionary Fund Definition.--
            (1) Amounts in fund and availability.--Section 47115 is 
        amended--
                    (A) in subsection (a)(2) by striking ``25'' and 
                inserting ``12.5''; and
                    (B) by striking the second sentence of subsection 
                (b).
            (2) Small airport fund.--Section 47116 is amended--
                    (A) in subsection (a) by striking ``75'' and 
                inserting ``87.5''; and
                    (B) in subsection (b) by striking paragraphs (1) 
                and (2) and inserting the following:
            ``(1) \1/7\ for grants for projects at small hub airports 
        (as defined in section 41731 of this title).
            ``(2) The remaining amounts as follows:
                    ``(A) \1/3\ for grants to sponsors of public-use 
                airports (except commercial service airports).
                    ``(B) \2/3\ for grants to sponsors of each 
                commercial service airport that each year has less than 
                .05 percent of the total boardings in the United States 
                in that year.''.
    (b) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
    ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a nonprimary airport at a time when a 
terminal development project under a multiyear agreement under 
subsection (a) is not yet completed, the project shall remain eligible 
for funding from discretionary funds under section 47115 at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.
    (c) Passenger Facility Fee Waiver for Certain Class of Carriers or 
for Service to Airports in Isolated Communities.--Section 40117(i) is 
amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carrier in the class 
                constitutes not more than 1 percent of the total number 
                of passengers enplaned annually at the airport at which 
                the fee is imposed; or
                    ``(B) passengers enplaned on a flight to an 
                airport--
                            ``(i) that has fewer than 2,500 passenger 
                        boardings each year; and
                            ``(ii) in a community which has a 
                        population of less than 10,000 and is not 
                        connected by a land highway or vehicular way to 
                        the land-connected National Highway System 
                        within a State.''.

                    TITLE II--CONTRACT TOWER PROGRAM

SEC. 201. CONTRACT TOWERS.

    Section 47124(b) is amended by adding at the end the following:
            ``(3) Nonqualifying air traffic control towers.--
                    ``(A) In general.--The Secretary shall establish a 
                program to contract for air traffic control services at 
                not more than 20 level I air traffic control towers, as 
                defined by the Administrator of the Federal Aviation 
                Administration, that do not qualify for the program 
                established under subsection (a) and continued under 
                paragraph (1).
                    ``(B) Priority.--In selecting facilities to 
                participate in the program under this paragraph, the 
                Administrator shall give priority to the following:
                            ``(i) Air traffic control towers that are 
                        participating in the program continued under 
                        paragraph (1) but have been notified that they 
                        will be terminated from such program because 
                        the Administrator has determined that the 
                        benefit-to-cost ratio for their continuation in 
                        such program is less than one.
                            ``(ii) Level I air traffic control towers 
                        of the Federal Aviation Administration that are 
                        closed as a result of the air traffic 
                        controllers strike in 1981.
                            ``(iii) Air traffic control towers that are 
                        located at airports that receive air service 
                        from an air carrier that is receiving 
                        compensation under the essential air service 
                        program of subchapter II of chapter 417.
                            ``(iv) Air traffic control towers located 
                        at airports that are prepared to assume 
                        responsibility for tower construction and 
                        maintenance costs.
                            ``(v) Air traffic control towers that are 
                        located at airports with safety or operational 
                        problems related to topography, weather, runway 
                        configuration, or mix of aircraft.
                    ``(C) Costs exceeding benefits.--If the costs of 
                operating a control tower under the program established 
                under this paragraph exceed the benefits, the airport 
                sponsor or State or local government having 
                jurisdiction over the airport shall pay the portion of 
                the costs that exceed such benefits.
                    ``(D) Authorization of appropriations.--There is 
                authorized to be appropriated $6,000,000 per fiscal 
                year to carry out this paragraph.''.

                      TITLE III--FAMILY ASSISTANCE

SEC. 301. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

    (a) Prohibition on Unsolicited Communications.--
            (1) In general.--Section 1136(g)(2) is amended--
                    (A) by inserting after ``transportation,'' the 
                following: ``and in a case involving a foreign air 
                carrier and an accident that occurs within the United 
                States,'';
                    (B) by inserting after ``attorney'' the following: 
                ``(including any associate, agent, employee, or other 
                representative of the attorney)''; and
                    (C) by striking ``30th day'' and inserting ``45th 
                day''.
            (2) Enforcement.--Section 1151 is amended by inserting 
        ``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
    (b) Prohibition on Actions To Prevent Mental Health and Counseling 
Services.--Section 1136(g) is amended by adding at the end the 
following:
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.''.
    (c) Inclusion of Non-Revenue Passengers in Family Assistance 
Coverage.--Section 1136(h)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' includes--
                    ``(A) an employee of an air carrier or foreign air 
                carrier aboard an aircraft; and
                    ``(B) any other person aboard the aircraft without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the flight.''.
    (d) Limitation on Statutory Construction.--Section 1136 is amended 
by adding at the end the following:
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 302. AIR CARRIER PLANS.

    (a) Contents of Plans.--
            (1) Flight reservation information.--Section 41113(b) is 
        amended by adding at the end the following:
            ``(14) An assurance that, upon request of the family of a 
        passenger, the air carrier will inform the family of whether 
        the passenger's name appeared on a preliminary passenger 
        manifest for the flight involved in the accident.''.
            (2) Training of employees and agents.--Section 41113(b) is 
        further amended by adding at the end the following:
            ``(15) An assurance that the air carrier will provide 
        adequate training to the employees and agents of the carrier to 
        meet the needs of survivors and family members following an 
        accident.''.
            (3) Submission of updated plans.--The amendments made by 
        paragraphs (1) and (2) shall take effect on the 180th day 
        following the date of enactment of this Act. On or before such 
        180th day, each air carrier holding a certificate of public 
        convenience and necessity under section 41102 of title 49, 
        United States Code, shall submit to the Secretary of 
        Transportation and the Chairman of the National Transportation 
        Safety Board an updated plan under section 41113 of such title 
        that meets the requirement of the amendments made by paragraphs 
        (1) and (2).
            (4) Conforming amendments.--Section 41113 is amended--
                    (A) in subsection (a) by striking ``Not later than 
                6 months after the date of the enactment of this 
                section, each air carrier'' and inserting ``Each air 
                carrier''; and
                    (B) in subsection (c) by striking ``After the date 
                that is 6 months after the date of the enactment of 
                this section, the Secretary'' and inserting ``The 
                Secretary''.
    (b) Limitation on Liability.--Section 41113(d) is amended by 
inserting ``, or in providing information concerning a flight 
reservation,'' before ``pursuant to a plan''.
    (c) Limitation on Statutory Construction.--Section 41113 is amended 
by adding at the end the following:
    ``(f) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 303. FOREIGN AIR CARRIER PLANS.

    (a) Inclusion of Non-Revenue Passengers in Family Assistance 
Coverage.--Section 41313(a)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' has the meaning 
        given such term by section 1136 of this title.''.
    (b) Accidents for Which Plan Is Required.--Section 41313(b) is 
amended by striking ``significant'' and inserting ``major''.
    (c) Contents of Plans.--
            (1) In general.--Section 41313(c) is amended by adding at 
        the end the following:
            ``(15) An assurance that the foreign air carrier will 
        provide adequate training to the employees and agents of the 
        carrier to meet the needs of survivors and family members 
        following an accident.''.
            (2) Submission of updated plans.--The amendment made by 
        paragraph (1) shall take effect on the 180th day following the 
        date of enactment of this Act. On or before such 180th day, 
        each foreign air carrier providing foreign air transportation 
        under chapter 413 of title 49, United States Code, shall submit 
        to the Secretary of Transportation and the Chairman of the 
        National Transportation Safety Board an updated plan under 
        section 41313 of such title that meets the requirement of the 
        amendment made by paragraph (1).

SEC. 304. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.

    (a) In General.--Section 40120(a) is amended by inserting 
``(including the Act entitled `An Act relating to the maintenance of 
actions for death on the high seas and other navigable waters', 
approved March 30, 1920, commonly known as the Death on the High Seas 
Act (46 U.S.C. App. 761-767; 41 Stat. 537-538))'' after ``United 
States''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
civil actions commenced after the date of enactment of this Act and to 
civil actions that are not adjudicated by a court of original 
jurisdiction or settled on or before such date of enactment.

                  TITLE IV--WAR RISK INSURANCE PROGRAM

SEC. 401. AVIATION INSURANCE PROGRAM AMENDMENTS.

    (a) Reimbursement of Insured Party's Subrogee.--Section 44309(a) is 
amended to read as follows:
    ``(a) Losses.--
            ``(1) Actions against united states.--A person may bring a 
        civil action in a district court of the United States or in the 
        United States Court of Federal Claims against the United States 
        Government when--
                    ``(A) a loss insured under this chapter is in 
                dispute; or
                    ``(B)(i) the person is subrogated under a contract 
                between the person and a party insured under this 
                chapter (other than section 44305(b)) to the rights of 
                the insured party against the United States Government; 
                and
                    ``(ii) the person has paid to the insured party, 
                with the approval of the Secretary of Transportation, 
                an amount for a physical damage loss that the Secretary 
                has determined is a loss covered by insurance issued 
                under this chapter (other than section 44305(b)).
            ``(2) Limitation.--A civil action involving the same matter 
        (except the action authorized by this subsection) may not be 
        brought against an agent, officer, or employee of the 
        Government carrying out this chapter.
            ``(3) Procedure.--To the extent applicable, the procedure 
        in an action brought under section 1346(a)(2) of title 28, 
        Uninted States Code, applies to an action under this 
        subsection.''.
    (b) Extension of Aviation Insurance Program.--Section 44310 of such 
title is amended by striking ``1998'' and inserting ``2003''.

                            TITLE V--SAFETY

SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

    (a) In General.--The Administrator shall require by regulation 
that, not later than December 31, 2002, equipment be installed, on each 
cargo aircraft with a payload capacity of 15,000 kilograms or more, 
that provides protection from mid-air collisions and resolution 
advisory capability that is at least as good as is provided by the 
collision avoidance system known as TCAS-II.
    (b) Extension of Deadline.--The Administrator may extend the 
deadline established by subsection (a) by not more than 1 year if the 
Administrator finds that the extension would promote safety.

SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

    Section 44936 is amended--
            (1) in subsection (f)(1)(B) by inserting ``(except a branch 
        of the United States Armed Forces, the National Guard, or a 
        reserve component of the United States Armed Forces)'' after 
        ``person'' the first place it appears;
            (2) in subsection (f)(1)(B)(ii) by striking ``individual'' 
        and inserting ``individual's performance as a pilot''; and
            (3) in subsection (f)(14)(B) by inserting ``or from a 
        foreign government or entity that employed the individual'' 
        after ``exists''.

SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

    Section 347(b)(1) of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by inserting before the semicolon at the end the following: 
``, including the provisions for investigation and enforcement as 
provided in chapter 12 of title 5, United States Code''.

SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

    Section 44701 (as amended by section 805 of this Act) is amended by 
adding at the end the following:
    ``(g) Safety Risk Management Program Guidelines.--The Administrator 
shall issue guidelines and encourage the development of air safety risk 
mitigation programs throughout the aviation industry, including self-
audits and self-disclosure programs.''.

SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 30 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking to develop 
procedures to protect air carriers and their employees from civil 
enforcement actions under the program known as Flight Operations 
Quality Assurance. Not later than 1 year after the last day of the 
period for public comment provided for in the notice of proposed 
rulemaking, the Administrator shall issue a final rule establishing 
such procedures.

SEC. 506. SMALL AIRPORT CERTIFICATION.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue a notice of proposed rulemaking on 
implementing section 44706(a)(2) of title 49, United States Code, 
relating to issuance of airport operating certificates for small 
scheduled passenger air carrier operations. Not later than 1 year after 
the last day of the period for public comment provided for in the 
notice of proposed rulemaking, the Administrator shall issue a final 
rule on implementing such program.

SEC. 507. MARKING OF LIFE LIMITED AIRCRAFT PARTS.

    (a) Marking Authority.--Chapter 447 is amended by adding the 
following new section:
``Sec. 44725. Marking of life limited aircraft parts
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to determine the 
most effective way to permanently mark all life limited civil aviation 
parts. In accordance with that determination, the Administrator shall 
issue a rule to require the mandatory marking of all such parts that 
exceed their useful life.
    ``(b) Deadlines.--In conducting the rulemaking proceeding under 
subsection (a), the Administrator shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, issue a notice of proposed rulemaking; and
            ``(2) not later than 120 days after the close of the 
        comment period on the proposed rule, issue a final rule.''.
    (b) Civil Penalty.--Section 46301(a) is amended--
            (1) in paragraph (1)(A) by striking ``and 44719-44723'' and 
        inserting ``, 44719-44723, and 44725''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A) by striking ``or'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) the failure to mark life limited aircraft 
                parts in accordance of section 44725.''.
    (c) Conforming Amendment.--The analysis for chapter 447 is amended 
by adding at the end the following:

``44725. Marking of life limited aircraft parts.''.

                   TITLE VI--WHISTLEBLOWER PROTECTION

SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

    (a) General Rule.--Chapter 421 is amended by adding at the end the 
following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
or otherwise discriminate against an employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the Federal Government 
        information relating to air safety under this subtitle or any 
        other law of the United States;
            ``(2) has filed, caused to be filed, or is about to file or 
        cause to be filed a proceeding relating to air carrier safety 
        under this subtitle or any other law of the United States;
            ``(3) testified or is about to testify in such a 
        proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by a person in violation of subsection (a) may, not 
        later than 180 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary of Labor shall notify the person named in the 
        complaint and the Administrator of the Federal Aviation 
        Administration of the filing of the complaint, of the 
        allegations contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the opportunities 
        that will be afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--Not later than 60 
        days after the date of receipt of a complaint filed under 
        paragraph (1) and after affording the person named in the 
        complaint of an opportunity to submit to the Secretary of Labor 
        a written response to the complaint and an opportunity to meet 
        with a representative of the Secretary to present statements 
        from witnesses, the Secretary of Labor shall conduct an 
        investigation and determine whether there is reasonable cause 
        to believe that the complaint has merit and notify the 
        complainant and the person alleged to have committed a 
        violation of subsection (a) of the Secretary's findings. If the 
        Secretary of Labor concludes that there is a reasonable cause 
        to believe that a violation of subsection (a) has occurred, the 
        Secretary shall accompany the Secretary's findings with a 
        preliminary order providing the relief prescribed by paragraph 
        (3)(B). Not later than 30 days after the date of notification 
        of findings under this paragraph, either the person alleged to 
        have committed the violation or the complainant may file 
        objections to the findings or preliminary order, or both, and 
        request a hearing on the record. The filing of such objections 
        shall not operate to stay any reinstatement remedy contained in 
        the preliminary order. Such hearings shall be conducted 
        expeditiously. If a hearing is not requested in such 30-day 
        period, the preliminary order shall be deemed a final order 
        that is not subject to judicial review.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary of Labor, the 
                complainant, and the person alleged to have committed 
                the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person who committed 
                such violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay), terms, 
                        conditions, and privileges associated with his 
                        or her employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person against whom the order 
                is issued a sum equal to the aggregate amount of all 
                costs and expenses (including attorneys' and expert 
                witness fees) reasonably incurred, as determined by the 
                Secretary of Labor, by the complainant for, or in 
                connection with, the bringing of the complaint upon 
                which the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $5,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date of the issuance of the order of the 
                Secretary of Labor. Review shall conform to chapter 7 
                of title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        a person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier who, 
acting without direction from such air carrier (or such air carrier's 
agent), deliberately causes a violation of any requirement relating to 
air carrier safety under this subtitle or any other law of the United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.

SEC. 602. CIVIL PENALTY.

    Section 46301(a)(1)(A) is amended by striking ``subchapter II of 
chapter 421'' and inserting ``subchapter II or III of chapter 421''.

               TITLE VII--CENTENNIAL OF FLIGHT COMMISSION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Centennial of Flight Commemoration 
Act''.

SEC. 702. FINDINGS.

    Congress finds that--
            (1) December 17, 2003, is the 100th anniversary of the 
        first successful manned, free, controlled, and sustained flight 
        by a power-driven, heavier-than-air machine;
            (2) the first flight by Orville and Wilbur Wright 
        represents the fulfillment of the age-old dream of flying;
            (3) the airplane has dramatically changed the course of 
        transportation, commerce, communication, and warfare throughout 
        the world;
            (4) the achievement by the Wright brothers stands as a 
        triumph of American ingenuity, inventiveness, and diligence in 
        developing new technologies, and remains an inspiration for all 
        Americans;
            (5) it is appropriate to remember and renew the legacy of 
        the Wright brothers at a time when the values of creativity and 
        daring represented by the Wright brothers are critical to the 
        future of the Nation; and
            (6) as the Nation approaches the 100th anniversary of 
        powered flight, it is appropriate to celebrate and commemorate 
        the centennial year through local, national, and international 
        observances and activities.

SEC. 703. ESTABLISHMENT.

    There is established a commission to be known as the Centennial of 
Flight Commission.

SEC. 704. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 7 
members as follows:
            (1) The Administrator of the Federal Aviation 
        Administration (or the designee of the Administrator).
            (2) The Director of the National Air and Space Museum (or 
        the designee of the Director).
            (3) The Administrator of the National Aeronautics and Space 
        Administration (or the designee of the Administrator).
            (4) The chairman of the First Flight Centennial Foundation 
        of North Carolina (or the designee of the chairman).
            (5) The chairman of the 2003 Committee of Ohio (or the 
        designee of the chairman).
            (6) The president of the American Institute of Aeronautics 
        and Astronautics Foundation of Reston, Virginia (or the 
        designee of the president).
            (7) An individual of national stature who shall be selected 
        by the members of the Commission designated under paragraphs 
        (1) through (6).
    (b) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner in which the original designation was made.
    (c) Compensation.--
            (1) Prohibition of pay.--Except as provided in paragraph 
        (2), members of the Commission shall serve without pay or 
        compensation.
            (2) Travel expenses.--The Commission may adopt a policy for 
        members of the Commission and related advisory panels to 
        receive travel expenses, including per diem in lieu of 
        subsistence. The policy may not exceed the levels established 
        under sections 5702 and 5703 of title 5, United States Code. 
        Members who are Federal employees shall not receive travel 
        expenses if otherwise reimbursed by the Federal Government.
    (d) Quorum.--Three members of the Commission shall constitute a 
quorum.
    (e) Chairperson.--The Commission member selected under subsection 
(a)(7) shall serve as Chairperson of the Commission. The Chairperson 
may not vote on matters before the Commission except in the case of a 
tie vote.
    (f) Organization.--Not later than 90 days after the date of 
enactment of this Act, the Commission shall meet and select a 
Chairperson, Vice Chairperson, and Executive Director.

SEC. 705. DUTIES.

    (a) In General.--The Commission shall--
            (1) represent the United States and take a leadership role 
        with other nations in recognizing the importance of aviation 
        history in general and the centennial of powered flight in 
        particular, and promote participation by the United States in 
        such activities;
            (2) encourage and promote national and international 
        participation and sponsorships in commemoration of the 
        centennial of powered flight by persons and entities such as--
                    (A) aerospace manufacturing companies;
                    (B) aerospace-related military organizations;
                    (C) workers employed in aerospace-related 
                industries;
                    (D) commercial aviation companies;
                    (E) general aviation owners and pilots;
                    (F) aerospace researchers, instructors, and 
                enthusiasts;
                    (G) elementary, secondary, and higher educational 
                institutions;
                    (H) civil, patriotic, educational, sporting, arts, 
                cultural, and historical organizations and technical 
                societies;
                    (I) aerospace-related museums; and
                    (J) State and local governments;
            (3) plan and develop, in coordination with the First Flight 
        Centennial Commission, the First Flight Centennial Foundation 
        of North Carolina, and the 2003 Committee of Ohio, programs and 
        activities that are appropriate to commemorate the 100th 
        anniversary of powered flight;
            (4) maintain, publish, and distribute a calendar or 
        register of national and international programs and projects 
        concerning, and provide a central clearinghouse for, 
        information and coordination regarding, dates, events, and 
        places of historical and commemorative significance regarding 
        aviation history in general and the centennial of powered 
        flight in particular;
            (5) provide national coordination for celebration dates to 
        take place throughout the United States during the centennial 
        year;
            (6) assist in conducting educational, civic, and 
        commemorative activities relating to the centennial of powered 
        flight throughout the United States, especially activities that 
        occur in the States of North Carolina and Ohio and that 
        highlight the activities of the Wright brothers in such States; 
        and
            (7) publish popular and scholarly works related to the 
        history of aviation or the anniversary of the centennial of 
        powered flight.
    (b) Nonduplication of Activities.--The Commission shall attempt to 
plan and conduct its activities in such a manner that activities 
conducted pursuant to this title enhance, but do not duplicate, 
traditional and established activities of Ohio's 2003 Committee, North 
Carolina's First Flight Centennial Commission, and the First Flight 
Centennial Foundation.

SEC. 706. POWERS.

    (a) Advisory Committees and Task Forces.--
            (1) In general.--The Commission may appoint any advisory 
        committee or task force that it determines to be necessary to 
        carry out this title.
            (2) Federal cooperation.--To ensure the overall success of 
        the Commission's efforts, the Commission may call upon various 
        Federal departments and agencies to assist in and give support 
        to programs of the Commission. Where appropriate, all Federal 
        departments and agencies shall provide any assistance possible.
            (3) Prohibition of pay other than travel expenses.--Members 
        of an advisory committee or task force authorized by paragraph 
        (1) shall not receive pay, but may receive travel expenses 
        pursuant to the policy adopted by the Commission under section 
        704(c)(2).
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take under this title.
    (c) Authority To Procure and To Make Legal Agreements.--
            (1) In general.--The Commission may procure supplies, 
        services, and property, and make or enter into leases and other 
        legal agreements in order to carry out this title.
            (2) Restriction.--A contract, lease, or other legal 
        agreement made or entered into by the Commission may not extend 
        beyond the date of the termination of the Commission.
            (3) Supplies and property possessed by commission at 
        termination.--Any supplies and property, except historically 
        significant items, that are acquired by the Commission under 
        this title and remain in the possession of the Commission on 
        the date of the termination of the Commission shall become the 
        property of the General Services Administration upon the date 
        of termination.
    (d) Requests for Official Information.--The Commission may request 
from any Federal department or agency information necessary to enable 
the Commission to carry out this title. The head of the Federal 
department or agency shall furnish the information to the Commission 
unless the release of the information by the department or agency to 
the public is prohibited by law.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as any other Federal agency.
    (f) Applicability of Certain Laws.--Except as otherwise expressly 
provided by this title, laws relating to the general operation and 
management of Federal agencies shall apply to the Commission only to 
the extent such laws apply to the Smithsonian Institution.

SEC. 707. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--There shall be an Executive Director 
appointed by the Commission. The Executive Director may be paid at a 
rate not to exceed the maximum rate of basic pay payable for the Senior 
Executive Service.
    (b) Staff.--The Commission may appoint and fix the pay of any 
additional personnel that it considers appropriate, except that an 
individual appointed under this subsection may not receive pay in 
excess of the maximum rate of basic pay payable for GS-14 of the 
General Schedule.
    (c) Inapplicability of Certain Civil Service Laws.--The Executive 
Director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title, relating to classification and General Schedule pay rates, 
except as provided under subsections (a) and (b).
    (d) Staff of Federal Agencies.--Upon request by the Chairperson of 
the Commission, the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any of the personnel of the 
department or agency to the Commission to assist the Commission to 
carry out its duties under this title.
    (e) Experts and Consultants.--The Chairperson of the Commission may 
procure temporary and intermittent services under section 3109(b) of 
title 5, United States Code, at a rate that does not exceed the daily 
equivalent of the annual rate of basic pay payable under level V of the 
Executive Schedule under section 5316 of such title.
    (f) Administrative Support Services.--
            (1) Reimbursable services.--The Secretary of the 
        Smithsonian Institution may provide to the Commission on a 
        reimbursable basis any administrative support services that are 
        necessary to enable the Commission to carry out this title.
            (2) Nonreimbursable services.--The Secretary may provide 
        administrative support services to the Commission on a 
        nonreimbursable basis when, in the opinion of the Secretary, 
        the value of such services is insignificant or not practical to 
        determine.
    (g) Cooperative Agreements.--The Commission may enter into 
cooperative agreements or grant agreements with other Federal agencies, 
State and local governments, and private interests and organizations 
that will contribute to public awareness of and interest in the 
centennial of powered flight and toward furthering the goals and 
purposes of this title.
    (h) Program Support.--The Commission may receive program support 
from the non-profit sector.

SEC. 708. CONTRIBUTIONS.

    (a) Donations.--
            (1) In general.--The Commission may accept donations of 
        money, personal service, and historic materials relating to the 
        implementation of its responsibilities under the provisions of 
        this title.
            (2) Donated funds and sales.--Any funds donated to the 
        Commission or revenues from direct sales shall be used by the 
        Commission to carry out this title. Funds donated to and 
        accepted by the Commission under this section shall not be 
        considered to be appropriated funds and shall not be subject to 
        any requirements or restrictions applicable to appropriated 
        funds.
            (3) Fundraising.--Any fundraising undertaken by the 
        Commission shall be coordinated with fundraising undertaken at 
        the State level, and coordinated with the First Flight 
        Centennial Commission, the First Flight Centennial Foundation 
        of North Carolina, and the 2003 Committee of Ohio.
    (b) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.
    (c) Remaining Funds.--Any donated funds remaining with the 
Commission on the date of the termination of the Commission may be used 
to ensure proper disposition, as specified in the final report required 
under section 710(b), of historically significant property which was 
donated to or acquired by the Commission. Any donated funds remaining 
after such disposition shall be transferred to the Secretary of the 
Treasury for deposit into the general fund of the Treasury of the 
United States.
    (d) Sense of Congress.--It is the sense of Congress that, in 
raising or accepting funds from the private sector, the Commission 
should not compete against fundraising efforts by non-profit 
organizations that were initiated before the date of enactment of this 
Act and that are attempting to raise funds for nationally-significant 
commemorative projects related to the Wright brothers.

SEC. 709. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.

    (a) In General.--The Commission may devise any logo, emblem, seal, 
or descriptive or designating mark that is required to carry out its 
duties or that it determines is appropriate for use in connection with 
the commemoration of the centennial of powered flight.
    (b) Licensing.--The Commission shall have the sole and exclusive 
right to use, or to allow or refuse the use of, the name ``Centennial 
of Flight Commission'' on any logo, emblem, seal, or descriptive or 
designating mark that the Commission lawfully adopts.
    (c) Effect on Other Rights.--No provision of this section may be 
construed to conflict or interfere with established or vested rights.
    (d) Use of Funds.--Funds donated to, or raised by, the Commission 
under section 708 and licensing royalties received pursuant to section 
709 shall be used by the Commission to carry out the duties of the 
Commission specified by this title. If the Commission determines that 
such funds are in excess of the amount needed to carry out these 
duties, funds may be made available to State and local governments and 
private interests and organizations to contribute to public awareness 
of and interest in the centennial of powered flight. Funds disbursed 
under this section shall be required to be disbursed in accordance with 
a plan adopted unanimously by the voting members of the Commission.
    (e) Limitation on Funds Collected.--Except as approved by a 
unanimous vote of the voting members of the Commission, funds donated 
to, or raised by, the Commission under section 708 and licensing 
royalties received pursuant to section 709 may not exceed $1,750,000 in 
a fiscal year.

SEC. 710. REPORTS.

    (a) Annual Report.--In each fiscal year in which the Commission is 
in existence, the Commission shall prepare and submit to Congress a 
report describing the activities of the Commission during the fiscal 
year. Each annual report shall also include--
            (1) recommendations regarding appropriate activities to 
        commemorate the centennial of powered flight, including--
                    (A) the production, publication, and distribution 
                of books, pamphlets, films, and other educational 
                materials;
                    (B) bibliographical and documentary projects and 
                publications;
                    (C) conferences, convocations, lectures, seminars, 
                and other similar programs;
                    (D) the development of exhibits for libraries, 
                museums, and other appropriate institutions;
                    (E) ceremonies and celebrations commemorating 
                specific events that relate to the history of aviation;
                    (F) programs focusing on the history of aviation 
                and its benefits to the United States and humankind; 
                and
                    (G) competitions, commissions, and awards regarding 
                historical, scholarly, artistic, literary, musical, and 
                other works, programs, and projects related to the 
                centennial of powered flight;
            (2) recommendations to appropriate agencies or advisory 
        bodies regarding the issuance of commemorative coins, medals, 
        and stamps by the United States relating to aviation or the 
        centennial of powered flight;
            (3) recommendations for any legislation or administrative 
        action that the Commission determines to be appropriate 
        regarding the commemoration of the centennial of powered 
        flight; and
            (4) an accounting of funds received and expended by the 
        Commission in the fiscal year that the report concerns, 
        including a detailed description of the source and amount of 
        any funds donated to the Commission in the fiscal year.
    (b) Final Report.--Not later than June 30, 2004, the Commission 
shall submit to the President and Congress a final report. The final 
report shall contain--
            (1) a summary of the activities of the Commission;
            (2) a final accounting of funds received and expended by 
        the Commission;
            (3) any findings and conclusions of the Commission; and
            (4) specific recommendations concerning the final 
        disposition of any historically significant items acquired by 
        the Commission, including items donated to the Commission under 
        section 708(a)(1).

SEC. 711. AUDIT OF FINANCIAL TRANSACTIONS.

    (a) In General.--
            (1) Audit.--The Comptroller General of the United States 
        shall audit the financial transactions of the Commission, 
        including financial transactions involving donated funds, in 
        accordance with generally accepted auditing standards.
            (2) Access.--In conducting an audit under this section, the 
        Comptroller General--
                    (A) shall have access to all books, accounts, 
                financial records, reports, files, and other papers, 
                items, or property in use by the Commission, as 
                necessary to facilitate the audit; and
                    (B) shall be afforded full facilities for verifying 
                the financial transactions of the Commission, including 
                access to any financial records or securities held for 
                the Commission by depositories, fiscal agents, or 
                custodians.
    (b) Report.--Not later than September 30, 2004, the Comptroller 
General of the United States shall submit to the President and to 
Congress a report detailing the results of any audit of the financial 
transactions of the Commission conducted by the Comptroller General.

SEC. 712. ADVISORY BOARD.

    (a) Establishment.--There is established a First Flight Centennial 
Federal Advisory Board.
    (b) Number and Appointment.--The Board shall be composed of 19 
members as follows:
            (1) The Secretary of the Interior, or the designee of the 
        Secretary.
            (2) The Librarian of Congress, or the designee of the 
        Librarian.
            (3) The Secretary of the Air Force, or the designee of the 
        Secretary.
            (4) The Secretary of the Navy, or the designee of the 
        Secretary.
            (5) The Secretary of Transportation, or the designee of the 
        Secretary.
            (6) Six citizens of the United States, appointed by the 
        President, who--
                    (A) are not officers or employees of any government 
                (except membership on the Board shall not be construed 
                to apply to the limitation under this clause); and
                    (B) shall be selected based on their experience in 
                the fields of aerospace history, science, or education, 
                or their ability to represent the entities enumerated 
                under section 705(2).
            (7) Four citizens of the United States, appointed by the 
        majority leader of the Senate in consultation with the minority 
        leader of the Senate.
            (8) Four citizens of the United States, appointed by the 
        Speaker of the House of Representatives in consultation with 
        the minority leader of the House of Representatives. Of the 
        individuals appointed under this subparagraph--
                    (A) one shall be selected from among individuals 
                recommended by the representative whose district 
                encompasses the Wright Brothers National Memorial; and
                    (B) one shall be selected from among individuals 
                recommended by the representatives whose districts 
                encompass any part of the Dayton Aviation Heritage 
                National Historical Park.
    (c) Vacancies.--Any vacancy in the Advisory Board shall be filled 
in the same manner in which the original designation was made.
    (d) Meetings.--Seven members of the Advisory Board shall constitute 
a quorum for a meeting. All meetings shall be open to the public.
    (e) Chairperson.--The President shall designate 1 member appointed 
under subsection (b)(1)(F) as chairperson of the Advisory Board.
    (f) Mails.--The Advisory Board may use the United States mails in 
the same manner and under the same conditions as a Federal agency.
    (g) Duties.--The Advisory Board shall advise the Commission on 
matters related to this title.
    (h) Prohibition of Compensation Other Than Travel Expenses.--
Members of the Advisory Board shall not receive pay, but may receive 
travel expenses pursuant to the policy adopted by the Commission under 
section 704(c)(2).
    (i) Termination.--The Advisory Board shall terminate upon the 
termination of the Commission.

SEC. 713. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Commission.--The term ``Commission'' means the 
        Centennial of Flight Commission.
            (2) First flight.--The term ``First Flight'' means the 
        first four successful manned, free, controlled, and sustained 
        flights by a power-driven, heavier-than-air machine, which were 
        accomplished by Orville and Wilbur Wright on December 17, 1903.
            (3) Centennial of powered flight.--The term ``centennial of 
        powered flight'' means the anniversary year, from December 2002 
        to December 2003, commemorating the 100-year history of 
        aviation beginning with the First Flight and highlighting the 
        achievements of the Wright brothers in developing the 
        technologies which have led to the development of aviation as 
        it is known today.
            (4) Advisory board.--The term ``Advisory Board'' means the 
        Centennial of Flight Federal Advisory Board.

SEC. 714. TERMINATION.

    The Commission shall terminate not later than 60 days after the 
submission of the final report required by section 710(b).

SEC. 715. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$250,000 for each of the fiscal years 1999 through 2004.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

    Section 106(f)(3)(B) is amended by adding at the end the following:
                    ``(v) Not later than 10 days after the date of the 
                determination of the Administrator under clause (i), 
                the Administrator shall transmit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives a written justification of 
                the reasons for the determination. The justification 
                shall include a citation to the item or items listed in 
                clause (i) that is the authority on which the 
                Administrator is relying for making the 
                determination.''.

SEC. 802. DUTIES AND POWERS OF ADMINISTRATOR.

    Section 106(g)(1)(A) is amended by striking ``40113(a), (c), and 
(d),'' and all that follows through ``45302-45304,'' and inserting 
``40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 
445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 
44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except 
sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 
44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907-
44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453, 
sections''.

SEC. 803. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

    Section 40110 is amended by adding at the end the following:
    ``(d) Prohibition on Release of Offeror Proposals.--
            ``(1) General rule.--Except as provided in paragraph (2), a 
        proposal in the possession or control of the Administrator may 
        not be made available to any person under section 552 of title 
        5, United States Code.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        portion of a proposal of an offeror the disclosure of which is 
        authorized by the Administrator pursuant to procedures 
        published in the Federal Register. The Administrator shall 
        provide an opportunity for public comment on the procedures for 
        a period of not less than 30 days beginning on the date of such 
        publication in order to receive and consider the views of all 
        interested parties on the procedures. The procedures shall not 
        take effect before the 60th day following the date of such 
        publication.
            ``(3) Proposal defined.--In this subsection, the term 
        `proposal' means information contained in or originating from 
        any proposal, including a technical, management, or cost 
        proposal, submitted by an offeror in response to the 
        requirements of a solicitation for a competitive proposal.''.

SEC. 804. MULTIYEAR PROCUREMENT CONTRACTS.

    Section 40111 is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Telecommunications Services.--Notwithstanding section 
1341(a)(1)(B) of title 31, the Administrator may make a contract of not 
more than 10 years for telecommunication services that are provided 
through the use of a satellite if the Administrator finds that the 
longer contract period would be cost beneficial.''.

SEC. 805. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Mediation.--Section 40122(a)(2) is amended by adding at the end 
the following: ``The 60-day period shall not include any period during 
which Congress has adjourned sine die.''.
    (b) Right To Contest Adverse Personnel Actions.--Section 40122 is 
amended by adding at the end the following:
    ``(g) Right To Contest Adverse Personnel Actions.--An employee of 
the Administration who is the subject of a major adverse personnel 
action may contest the action either through any contractual grievance 
procedure that is applicable to the employee as a member of the 
collective bargaining unit or through the Administration's internal 
process relating to review of major adverse personnel actions of the 
Administration, known as Guaranteed Fair Treatment.''.
    (c) Applicability of Merit Systems Protection Board Provisions.--
Section 347(b) of the Department of Transportation and Related Agencies 
Appropriations Act, 1996 (109 Stat. 460) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.''.
    (d) Appeals to Merit Systems Protection Board.--Section 347(c) of 
the Department of Transportation and Related Agencies Appropriations 
Act, 1996 is amended to read as follows:
    ``(c) Appeals to Merit Systems Protection Board.--Under the new 
personnel management system developed and implemented under subsection 
(a), an employee of the Federal Aviation Administration may submit an 
appeal to the Merit Systems Protection Board and may seek judicial 
review of any resulting final orders or decisions of the Board from any 
action that was appealable to the Board under any law, rule, or 
regulation as of March 31, 1996.''.
    (e) Costs and Benefits of Merit Systems Protection Board 
Procedure.--
            (1) Study.--The Inspector General of the Department of 
        Transportation shall conduct a study of the costs and benefits 
        to employees and the Federal Aviation Administration of the 
        procedures of the Merit Systems Protection Board as compared to 
        the guaranteed fair treatment procedures of the Federal 
        Aviation Administration.
            (2) Survey.--In conducting the study, the Inspector General 
        shall conduct a survey of the employees of the Federal Aviation 
        Administration who are not members of the union to determine 
        which procedures such employees prefer.
            (3) Report.--Not later than May 15, 1999, the Inspector 
        General shall transmit to Congress a report on the results of 
        the study conducted under paragraph (1), including the results 
        of a survey conducted under paragraph (2).

SEC. 806. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

    Section 44502(a) (as amended by section 114 of this Act) is further 
amended by adding at the end the following:
            ``(6) Improvements on leased properties.--The Administrator 
        may make improvements to real property leased for an air 
        navigation facility, regardless of whether the cost of making 
        the improvements exceeds the cost of leasing the real property, 
        if--
                    ``(A) the property is leased for free or nominal 
                rent;
                    ``(B) the improvements primarily benefit the 
                Government;
                    ``(C) the improvements are essential for 
                accomplishment of the mission of the Federal Aviation 
                Administration; and
                    ``(D) the interest of the Government in the 
                improvements is protected.''.

SEC. 807. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

    Section 44701 is amended by--
            (1) redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
            ``(1) In general.--Notwithstanding the provisions of this 
        chapter, the Administrator, pursuant to Article 83 bis of the 
        Convention on International Civil Aviation and by a bilateral 
        agreement with the aeronautical authorities of another country, 
        may exchange with that country all or part of their respective 
        functions and duties with respect to registered aircraft under 
        the following articles of the Convention: Article 12 (Rules of 
        the Air); Article 31 (Certificates of Airworthiness); or 
        Article 32a (Licenses of Personnel).
            ``(2) Relinquishment and acceptance of responsibility.--The 
        Administrator relinquishes responsibility with respect to the 
        functions and duties transferred by the Administrator as 
        specified in the bilateral agreement, under the Articles listed 
        in paragraph (1) for United States-registered aircraft 
        described in paragraph (4)(A) transferred abroad and accepts 
        responsibility with respect to the functions and duties under 
        those Articles for aircraft registered abroad and described in 
        paragraph (4)(B) that are transferred to the United States.
            ``(3) Conditions.--The Administrator may predicate, in the 
        agreement, the transfer of functions and duties under this 
        subsection on any conditions the Administrator deems necessary 
        and prudent, except that the Administrator may not transfer 
        responsibilities for United States registered aircraft 
        described in paragraph (4)(A) to a country that the 
        Administrator determines is not in compliance with its 
        obligations under international law for the safety oversight of 
        civil aviation.
            ``(4) Registered aircraft defined.--In this subsection, the 
        term `registered aircraft' means--
                    ``(A) aircraft registered in the United States and 
                operated pursuant to an agreement for the lease, 
                charter, or interchange of the aircraft or any similar 
                arrangement by an operator that has its principal place 
                of business or, if it has no such place of business, 
                its permanent residence in another country; or
                    ``(B) aircraft registered in a foreign country and 
                operated under an agreement for the lease, charter, or 
                interchange of the aircraft or any similar arrangement 
                by an operator that has its principal place of business 
                or, if it has no such place of business, its permanent 
                residence in the United States.''.

SEC. 808. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

    Section 44703 is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Public Information.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, the records of the 
        contents (as prescribed in subsection (b)) of any airman 
        certificate issued under this section shall be made available 
        to the public after the 60th day following the date of 
        enactment of the Airport Improvement Program Reauthorization 
        Act of 1998.
            ``(2) Addresses of airmen.--Before making the address of an 
        airman available to the public under paragraph (1), the airman 
        shall be given an opportunity to elect that the airman's 
        address not be made available to the public.
            ``(3) Development and implementation of program.--Not later 
        than 30 days after the date of enactment of the Airport 
        Improvement Program Reauthorization Act of 1998, the 
        Administrator shall develop and implement, in cooperation with 
        representatives of the aviation industry, a one-time written 
        notification to airmen to set forth the implications of making 
        the address of an airman available to the public under 
        paragraph (1) and to carry out paragraph (2).''.

SEC. 809. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end the following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at individual airports such consortia of government and 
aviation industry representatives as the Administrator may designate to 
provide advice on matters related to aviation security and safety. Such 
consortia shall not be considered Federal advisory committees.''.

SEC. 810. PASSENGER MANIFEST.

    Section 44909(a)(2) is amended by striking ``shall'' and inserting 
``should''.

SEC. 811. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

    Section 45301 is amended--
            (1) in subsection (a)(2) by inserting before the period 
        ``or to any entity obtaining inspection, testing, 
        authorization, permit, rating, approval, review, or 
        certification services outside the United States''; and
            (2) in subsection (b)(1)(B) by moving the sentence 
        beginning ``Services'' down 1 line and flush 2 ems to the left.

SEC. 812. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

    Section 46301 is amended--
            (1) in subsection (a)(1)(A) by striking ``46302, 46303, 
        or'';
            (2) in subsection (d)(7)(A) by striking ``an individual'' 
        the first place it appears and inserting ``a person''; and
            (3) in subsection (g) by inserting ``or the Administrator'' 
        after ``Secretary''.

SEC. 813. ENHANCED VISION TECHNOLOGIES.

    (a) Study.--The Administrator shall conduct a study of the 
feasibility of requiring United States airports to install enhanced 
vision technologies to replace or enhance conventional landing light 
systems over the 10-year period following the date of completion of 
such study.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study conducted under subsection (a) with such 
recommendations as the Administrator considers appropriate.
    (c) Inclusion of Installation as Airport Development.--Section 
47102 of title 49, United States Code, is amended--
            (1) in paragraph (3)(B)--
                    (A) by striking ``and'' at the end of clause (v);
                    (B) by striking the period at the end of clause 
                (vi) and inserting ``; and''; and
                    (C) by inserting after clause (vi) the following:
                            ``(vii) enhanced visual technologies to 
                        replace or enhance conventional landing light 
                        systems.''; and
            (2) by adding at the end the following:
            ``(21) Enhanced vision technologies.--The term `enhanced 
        vision technologies' means laser guidance, ultraviolet 
        guidance, infrared, and cold cathode technologies.''.
    (d) Certification.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall transmit to Congress a 
schedule for certification of laser guidance equipment for use as 
approach lighting at United States airports and of cold cathode 
lighting equipment for use as runway and taxiway lighting at United 
States airports and as lighting at United States heliports.

SEC. 814. FOREIGN CARRIERS ELIGIBLE FOR WAIVER UNDER AIRPORT NOISE AND 
              CAPACITY ACT.

    Section 47528(b)(1) is amended in the first sentence by inserting 
``or foreign air carrier'' after ``air carrier''.

SEC. 815. TYPOGRAPHICAL ERRORS.

    (a) In Title 49, United States Code.--Title 49 is amended--
            (1) in section 5108(f) by striking ``section 552(f)'' and 
        inserting ``section 552(b)''.
            (2) in section 15904(c)(1) by inserting ``section'' before 
        ``15901(b)''.
            (3) in section 49106(b)(1)(F) by striking ``1996'' and 
        inserting ``1986'';
            (4) in section 49106(c)(3) by striking ``by the board'' and 
        inserting ``to the board'';
            (5) in section 49107(b) by striking ``subchapter II'' and 
        inserting ``subchapter III''; and
            (6) in section 49111(b) by striking ``retention of'' and 
        inserting ``retention by''.
    (b) Codification Repeal Table.--The Schedule of Laws Repealed in 
section 5(b) the Act of November 20, 1997 (Public Law 105-102; 111 
Stat. 2217), is amended by striking ``1996'' the first place it appears 
and inserting ``1986''.
    (c) Codification References.--Effective October 11, 1996, section 
5(45)(A) of the Act of October 11, 1996 (Public Law 104-287, 110 Stat. 
3393), is amended by striking ``ENFORCEMENT;'' and inserting 
``ENFORCEMENT:''.

SEC. 816. ACQUISITION MANAGEMENT SYSTEM.

    Section 348 of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by striking subsection (c) and inserting the following:
    ``(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the Administrator may enter into 
contracts for procurement of severable services that begin in one 
fiscal year and end in another if (without regard to any option to 
extend the period of the contract) the contract period does not exceed 
1 year.''.

SEC. 817. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

    (a) Independent Assessment.--
            (1) In General.--The Inspector General of the Department of 
        Transportation shall conduct the assessments described in this 
        section. To conduct the assessments, the Inspector General may 
        use the staff and resources of the Inspector General or 
        contract with 1 or more independent entities.
            (2) Assessment of adequacy and accuracy of faa cost data 
        and attributions.--
                    (A) In general.--The Inspector General shall 
                conduct an assessment to ensure that the method for 
                calculating the overall costs of the Federal Aviation 
                Administration and attributing such costs to specific 
                users is appropriate, reasonable, and understandable to 
                the users.
                    (B) Components.--In conducting the assessment under 
                this paragraph, the Inspector General shall assess the 
                following:
                            (i) The Federal Aviation Administration's 
                        cost input data, including the reliability of 
                        the Federal Aviation Administration's source 
                        documents and the integrity and reliability of 
                        the Federal Aviation Administration's data 
                        collection process.
                            (ii) The Federal Aviation Administration's 
                        system for tracking assets.
                            (iii) The Federal Aviation Administration's 
                        bases for establishing asset values and 
                        depreciation rates.
                            (iv) The Federal Aviation Administration's 
                        system of internal controls for ensuring the 
                        consistency and reliability of reported data.
                            (v) The Federal Aviation Administration's 
                        definition of the services to which the Federal 
                        Aviation Administration ultimately attributes 
                        its costs.
                            (vi) The cost pools used by the Federal 
                        Aviation Administration and the rationale for 
                        and reliability of the bases which the Federal 
                        Aviation Administration proposes to use in 
                        allocating costs of services to users.
                    (C) Requirements for assessment of cost pools.--In 
                carrying out subparagraph (B)(vi), the Inspector 
                General shall--
                            (i) review costs that cannot reliably be 
                        attributed to specific Federal Aviation 
                        Administration services or activities (called 
                        ``common and fixed costs'' in the Federal 
                        Aviation Administration Cost Allocation Study) 
                        and consider alternative methods for allocating 
                        such costs; and
                            (ii) perform appropriate tests to assess 
                        relationships between costs in the various cost 
                        pools and activities and services to which the 
                        costs are attributed by the Federal Aviation 
                        Administration.
                    (D) Reports.--The Inspector General shall transmit 
                to Congress an interim report containing the results of 
                the assessment conducted under this paragraph not later 
                than March 31, 1999, and a final report containing such 
                results not later than December 31, 1999.
            (3) Cost effectiveness.--
                    (A) In general.--The Inspector General shall assess 
                the progress of the Federal Aviation Administration in 
                cost and performance management, including use of 
                internal and external benchmarking in improving the 
                performance and productivity of the Federal Aviation 
                Administration.
                    (B) Annual reports.--Not later than December 31, 
                1999, and annually thereafter until December 31, 2003, 
                the Inspector General shall transmit to Congress an 
                updated report containing the results of the assessment 
                conducted under this paragraph.
                    (C) Information to be included in faa financial 
                report.--The Administrator shall include in the annual 
                financial report of the Federal Aviation Administration 
                information on the performance of the Administration 
                sufficient to permit users and others to make an 
                informed evaluation of the progress of the 
                Administration in increasing productivity.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,600,000 for fiscal year 1999.

SEC. 818. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY 
              COMPLAINTS.

    (a) Hiring of Additional Personnel.--For fiscal year 1999, the 
Secretary of Transportation may hire or contract for such additional 
personnel as may be necessary to eliminate the backlog of pending equal 
employment opportunity complaints to the Department of Transportation 
and to ensure that investigations of complaints are completed not later 
than 180 days after the date of initiation of the investigation.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 1999. 
Such sums shall remain available until expended.

SEC. 819. NEWPORT NEWS, VIRGINIA.

    (a) Authority To Grant Waivers.--Notwithstanding section 16 of the 
Federal Airport Act (as in effect on May 14, 1947), the Secretary 
shall, subject to section 47153 of title 49, United States Code (as in 
effect on June 1, 1998), and subsection (b) of this section, waive with 
respect to airport property parcels that, according to the airport 
layout plan for Newport News/Williamsburg International Airport, are no 
longer required for airport purposes from any term contained in the 
deed of conveyance dated May 14, 1947, under which the United States 
conveyed such property to the Peninsula Airport Commission for airport 
purposes of the Commission.
    (b) Conditions.--Any waiver granted by the Secretary under 
subsection (a) shall be subject to the following conditions:
            (1) The Peninsula Airport Commission shall agree that, in 
        leasing or conveying any interest in the property with respect 
        to which waivers are granted under subsection (a), the 
        Commission will receive an amount that is equal to the fair 
        lease value or the fair market value, as the case may be (as 
        determined pursuant to regulations issued by the Secretary).
            (2) Peninsula Airport Commission shall use any amount so 
        received only for the development, improvement, operation, or 
        maintenance of Newport News/Williamsburg International Airport.

SEC. 820. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

    The City of Los Angeles Department of Airports may grant an 
easement to the California Department of Transportation to lands 
required to provide sufficient right-of-way to facilitate the 
construction of the California State Route 138 bypass, as proposed by 
the California Department of Transportation.

SEC. 821. REGULATION OF ALASKA AIR GUIDES.

    The Administrator shall reissue the notice to operators originally 
published in the Federal Register on January 2, 1998, which advised 
Alaska guide pilots of the applicability of part 135 of title 14, Code 
of Federal Regulations, to guide pilot operations. In reissuing the 
notice, the Administrator shall provide for not less than 60 days of 
public comment on the Federal Aviation Administration action. If, 
notwithstanding the public comments, the Administrator decides to 
proceed with the action, the Administrator shall publish in the Federal 
Register a notice justifying the Administrator's decision and providing 
at least 90 days for compliance.

SEC. 822. PUBLIC AIRCRAFT DEFINED.

    Section 40102(a)(37)(B)(ii) is amended--
            (1) in subclause (I) by striking ``or'' at the end;
            (2) in subclause (II) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) transporting (for other 
                                than commercial purposes) government 
                                officials whose presence is required to 
                                inspect the scene of a major disaster 
                                or emergency.''.

              TITLE IX--NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``National Parks Air Tour Management 
Act of 1998''.

SEC. 902. FINDINGS.

    Congress finds that--
            (1) the Federal Aviation Administration has sole authority 
        to control airspace over the United States;
            (2) the Federal Aviation Administration has the authority 
        to preserve, protect, and enhance the environment by 
        minimizing, mitigating, or preventing the adverse effects of 
        aircraft overflights of public and tribal lands;
            (3) the National Park Service has the responsibility of 
        conserving the scenery and natural and historic objects and 
        wildlife in national parks and of providing for the enjoyment 
        of the national parks in ways that leave the national parks 
        unimpaired for future generations;
            (4) the protection of tribal lands from aircraft 
        overflights is consistent with protecting the public health and 
        welfare and is essential to the maintenance of the natural and 
        cultural resources of Indian tribes;
            (5) the National Parks Overflights Working Group, composed 
        of general aviation, commercial air tour, environmental, and 
        Native American representatives, recommended that the Congress 
        enact legislation based on the Group's consensus work product; 
        and
            (6) this title reflects the recommendations made by that 
        Group.

SEC. 903. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

    -(a) In General.--Chapter 401 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 40125. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park (including tribal lands) except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any applicable air tour 
                management plan for the park.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park 
                (including tribal lands), a commercial air tour 
                operator shall apply to the Administrator for authority 
                to conduct the operations over the park.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever an air tour management plan limits the 
                number of commercial air tour operations over a 
                national park during a specified time frame, the 
                Administrator, in cooperation with the Director, shall 
                issue operation specifications to commercial air tour 
                operators that conduct such operations. The operation 
                specifications shall include such terms and conditions 
                as the Administrator and the Director find necessary 
                for management of commercial air tour operations over 
                the park. The Administrator, in cooperation with the 
                Director, shall develop an open competitive process for 
                evaluating proposals from persons interested in 
                providing commercial air tour operations over the park. 
                In making a selection from among various proposals 
                submitted, the Administrator, in cooperation with the 
                Director, shall consider relevant factors, including--
                            ``(i) the safety record of the person 
                        submitting the proposal or pilots employed by 
                        the person;
                            ``(ii) any quiet aircraft technology 
                        proposed to be used by the person submitting 
                        the proposal;
                            ``(iii) the experience of the person 
                        submitting the proposal with commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots 
                        provided by the person submitting the proposal; 
                        and
                            ``(vi) responsiveness of the person 
                        submitting the proposal to any relevant 
                        criteria developed by the National Park Service 
                        for the affected park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour operations over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such operators, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator, in 
                cooperation with the Director, shall develop an air 
                tour management plan in accordance with subsection (b) 
                and implement such plan.
            ``(3) Exception.--
                    ``(A) In general.--If a commercial air tour 
                operator secures a letter of agreement from the 
                Administrator and the superintendent for the national 
                park that describes the conditions under which the 
                commercial air tour operation will be conducted, then 
                notwithstanding paragraph (1), the commercial air tour 
                operator may conduct such operations over the national 
                park under part 91 of title 14, Code of Federal 
                Regulaions, if such activity is permitted under part 
                119 of such title.
                    ``(B) Limit on exceptions.--Not more than 5 flights 
                in any 30-day period over a single national park may be 
                conducted under this paragraph.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial air tour 
        operator shall apply, not later than 90 days after the date of 
        enactment of this section, for operating authority under part 
        119, 121, or 135 of title 14, Code of Federal Regulations. A 
        new entrant commercial air tour operator shall apply for such 
        authority before conducting commercial air tour operations over 
        a national park (including tribal lands). The Administrator 
        shall act on any such application for a new entrant and issue a 
        decision on the application not later than 24 months after it 
        is received or amended.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, shall establish an air 
                tour management plan for any national park (including 
                tribal lands) for which such a plan is not in effect 
                whenever a person applies for authority to conduct a 
                commercial air tour operation over the park. The air 
                tour management plan shall be developed by means of a 
                public process in accordance with paragraph (4).
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tours upon the natural and cultural resources, visitor 
                experiences, and tribal lands.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan under this subsection, the Administrator 
        and the Director shall each sign the environmental decision 
        document required by section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) (including a finding of no 
        significant impact, an environmental assessment, and an 
        environmental impact statement) and the record of decision for 
        the air tour management plan.
            ``(3) Contents.--An air tour management plan for a national 
        park--
                    ``(A) may limit or prohibit commercial air tour 
                operations;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations, including commercial 
                air tour operation routes, maximum or minimum 
                altitudes, time-of-day restrictions, restrictions for 
                particular events, maximum number of flights per unit 
                of time, intrusions on privacy on tribal lands, and 
                mitigation of adverse noise, visual, or other impacts;
                    ``(C) may apply to all commercial air tour 
                operations;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour operation routes and altitudes and 
                relief from flight caps and curfews) for the adoption 
                of quiet aircraft technology by commercial air tour 
                operators conducting commercial air tour operations 
                over the park;
                    ``(E) shall provide a system for allocating 
                opportunities to conduct commercial air tours if the 
                air tour management plan includes a limitation on the 
                number of commercial air tour operations for any time 
                period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E) and include such justifications in the record of 
                decision.
            ``(4) Procedure.--In establishing an air tour management 
        plan for a national park (including tribal lands), the 
        Administrator and the Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the air tour management 
                plan;
                    ``(B) publish the proposed plan in the Federal 
                Register for notice and comment and make copies of the 
                proposed plan available to the public;
                    ``(C) comply with the regulations set forth in 
                sections 1501.3 and 1501.5 through 1501.8 of title 40, 
                Code of Federal Regulations (for purposes of complying 
                with the regulations, the Federal Aviation 
                Administration shall be the lead agency and the 
                National Park Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in a commercial air tour operation 
                over the park, as a cooperating agency under the 
                regulations referred to in subparagraph (C).
            ``(5) Judicial review.--An air tour management plan 
        developed under this subsection shall be subject to judicial 
        review.
            ``(6) Amendments.--The Administrator, in cooperation with 
        the Director, may make amendments to an air tour management 
        plan. Any such amendments shall be published in the Federal 
        Register for notice and comment. A request for amendment of an 
        air tour management plan shall be made in such form and manner 
        as the Administrator may prescribe.
    ``(c) Determination of Commercial Air Tour Operation Status.--In 
making a determination of whether a flight is a commercial air tour 
operation, the Administrator may consider--
            ``(1) whether there was a holding out to the public of 
        willingness to conduct a sightseeing flight for compensation or 
        hire;
            ``(2) whether a narrative that referred to areas or points 
        of interest on the surface below the route of the flight was 
        provided by the person offering the flight;
            ``(3) the area of operation;
            ``(4) the frequency of flights conducted by the person 
        offering the flight;
            ``(5) the route of flight;
            ``(6) the inclusion of sightseeing flights as part of any 
        travel arrangement package offered by the person offering the 
        flight;
            ``(7) whether the flight would have been canceled based on 
        poor visibility of the surface below the route of the flight; 
        and
            ``(8) any other factors that the Administrator considers 
        appropriate.
    ``(d) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this subsection to a commercial air tour 
        operator for commercial air tour operations over a national 
        park (including tribal lands) for which the operator is an 
        existing commercial air tour operator.
            ``(2) Requirements and limitations.--Interim operating 
        authority granted under this subsection--
                    ``(A) shall provide annual authorization only for 
                the greater of--
                            ``(i) the number of flights used by the 
                        operator to provide such tours within the 12-
                        month period prior to the date of enactment of 
                        this section; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of commercial air tour operations conducted during any 
                time period by the commercial air tour operator above 
                the number that the air tour operator was originally 
                granted unless such an increase is agreed to by the 
                Administrator and the Director;
                    ``(C) shall be published in the Federal Register to 
                provide notice and opportunity for comment;
                    ``(D) may be revoked by the Administrator for 
                cause;
                    ``(E) shall terminate 180 days after the date on 
                which an air tour management plan is established for 
                the park or the tribal lands;
                    ``(F) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(G) shall promote safe operations of the 
                commercial air tour;
                    ``(H) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(I) shall allow for modifications of the 
                operation based on experience if the modification 
                improves protection of national park resources and 
                values and of tribal lands.
    ``(e) Exemptions.--
            ``(1) In general.--Except as provided by paragraph (2), 
        this section shall not apply to--
                    ``(A) the Grand Canyon National Park;
                    ``(B) tribal lands within or abutting the Grand 
                Canyon National Park; or
                    ``(C) any unit of the National Park System located 
                in Alaska or any other land or water located in Alaska.
            ``(2) Exception.--This section shall apply to the Grand 
        Canyon National Park if section 3 of Public Law 100-91 (16 
        U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                (including tribal lands) in the 12-month period 
                preceding the application.
            ``(4) Commercial air tour operation.--The term `commercial 
        air tour operation' means any flight, conducted for 
        compensation or hire in a powered aircraft where a purpose of 
        the flight is sightseeing over a national park, within \1/2\ 
        mile outside the boundary of any national park, or over tribal 
        lands, during which the aircraft flies--
                    ``(A) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); or
                    ``(B) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--The term `tribal lands' means Indian 
        country (as that term is defined in section 1151 of title 18, 
        United States Code) that is within or abutting a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Clerical Amendment.--The table of sections for chapter 401 of 
title 49, United States Code, is amended by adding at the end the 
following:

``40125. Overflights of national parks.''.

SEC. 904. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator and the Director shall jointly 
establish an advisory group to provide continuing advice and counsel 
with respect to commercial air tour operations over and near national 
parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of --
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex-officio members.--The Administrator (or the designee 
        of the Administrator) and the Director (or the designee of the 
        Director) shall serve as ex-officio members.
            (3) Chairperson.--The representative of the Federal 
        Aviation Administration and the representative of the National 
        Park Service shall serve alternating 1-year terms as chairman 
        of the advisory group, with the representative of the Federal 
        Aviation Administration serving initially until the end of the 
        calendar year following the year in which the advisory group is 
        first appointed.
    (c) Duties.--The advisory group shall provide advice, information, 
and recommendations to the Administrator and the Director--
            (1) on the implementation of this title and the amendments 
        made by this title;
            (2) on commonly accepted quiet aircraft technology for use 
        in commercial air tour operations over national parks 
        (including tribal lands), which will receive preferential 
        treatment in a given air tour management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) at request of the Administrator and the Director, 
        safety, environmental, and other issues related to commercial 
        air tour operations over a national park (including tribal 
        lands).
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, may be allowed travel expenses, 
        including per diem in lieu of subsistence, as authorized by 
        section 5703 of title 5, United States Code, for persons in the 
        Government service employed intermittently.
            (2) Administrative support.--The Federal Aviation 
        Administration and the National Park Service shall jointly 
        furnish to the advisory group clerical and other assistance.
            (3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) does not apply to the 
        advisory group.

SEC. 905. REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall transmit to Congress 
a report on the effects overflight fees are likely to have on the 
commercial air tour operation industry. The report shall include, but 
shall not be limited to--
            (1) the viability of a tax credit for the commercial air 
        tour operators equal to the amount of any overflight fees 
        charged by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.
    (b) Quiet Aircraft Technology Report.--Not later than 2 years after 
the date of enactment of this Act, the Administrator and the Director 
shall jointly transmit a report to Congress on the effectiveness of 
this title in providing incentives for the development and use of quiet 
aircraft technology.

SEC. 906. EXEMPTIONS.

    This title shall not apply to--
            (1) any unit of the National Park System located in Alaska; 
        or
            (2) any other land or water located in Alaska.

SEC. 907. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Director.--The term ``Director'' means the Director of 
        the National Park Service.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.

    (a) In General.--Paragraph (1) of section 9502(d) of the Internal 
Revenue Code of 1986 (relating to expenditures from Airport and Airway 
Trust Fund) is amended--
            (1) by striking ``October 1, 1998'' and inserting ``October 
        1, 1999''; and
            (2) by inserting before the semicolon at the end of 
        subparagraph (A) the following ``or the Airport Improvement 
        Program Reauthorization Act of 1998''.
    (b) Limitation on Expenditure Authority.--Section 9502 of such Code 
is amended by adding at the end the following new subsection:
    ``(f) Limitation on Transfers to Trust Fund.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        amount may be appropriated or credited to the Airport and 
        Airway Trust Fund on and after the date of any expenditure from 
        the Airport and Airway Trust Fund which is not permitted by 
        this section. The determination of whether an expenditure is so 
        permitted shall be made without regard to--
                    ``(A) any provision of law which is not contained 
                or referenced in this title or in a revenue Act; and
                    ``(B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of this 
                subsection.
            ``(2) Exception for prior obligations.--Paragraph (1) shall 
        not apply to any expenditure to liquidate any contract entered 
        into (or for any amount otherwise obligated) before October 1, 
        1999, in accordance with the provisions of this section.''.

            Passed the House of Representatives August 4, 1998.

            Attest:

                                                                 Clerk.