[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1193 Reported in Senate (RS)]





                                                       Calendar No. 274

105th CONGRESS

  1st Session

                                S. 1193

                          [Report No. 105-140]

_______________________________________________________________________

                                 A BILL

  To amend chapter 443 of title 49, United States Code, to extend the 
    authorization of the aviation insurance program, and for other 
                               purposes.

_______________________________________________________________________

                            November 6, 1997

        Reported with an amendment in the nature of a substitute





                                                       Calendar No. 274
105th CONGRESS
  1st Session
                                S. 1193

                          [Report No. 105-140]

  To amend chapter 443 of title 49, United States Code, to extend the 
    authorization of the aviation insurance program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1997

   Mr. Gorton (for himself, Mr. McCain, Mr. Hollings, and Mr. Ford) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                            November 6, 1997

Reported by Mr. McCain, with an amendment in the nature of a substitute
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 443 of title 49, United States Code, to extend the 
    authorization of the aviation insurance program, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Aviation Insurance 
Reauthorization Act of 1997''.</DELETED>

<DELETED>SEC. 2. VALUATION OF AIRCRAFT.</DELETED>

<DELETED>    (a) General Authority for Insurance and Reinsurance.--
Section 44302(a)(2) of title 49, United States Code, is amended by 
striking ``as determined by the Secretary.'' and inserting ``as 
determined by the Secretary in accordance with reasonable business 
practices in the commercial aviation insurance industry.''.</DELETED>
<DELETED>    (b) Limitation on Maximum Insured Amount.--Section 
44306(c) of title 49, United States Code, is amended by striking ``as 
determined by the Secretary.'' and inserting ``as determined by the 
Secretary in accordance with reasonable business practices in the 
commercial aviation insurance industry.''.</DELETED>

<DELETED>SEC. 3. EFFECT OF INDEMNITY AGREEMENTS.</DELETED>

<DELETED>    Section 44305(b) of title 49, United States Code, is 
amended by adding at the end the following: ``If such an agreement is 
countersigned by the President or the President's designee, the 
agreement shall constitute, for purposes of section 44302(b), a 
determination that continuation of the aircraft operations to which the 
agreement applies is necessary to carry out the foreign policy of the 
United States.''.</DELETED>

<DELETED>SEC. 4. BORROWING AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Section 44307 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(e) Borrowing.--</DELETED>
        <DELETED>     ``(1) Issuance of obligations.--Subject to the 
        provisions of this subsection, the Administrator of the Federal 
        Aviation Administration may issue and sell such notes or other 
        obligations to the Secretary of the Treasury as the 
        Administrator determines are necessary to provide funds to 
        carry out this chapter. This authority, while available for 
        initial payments made by the Department of Transportation for 
        any loss covered by Department of Defense-related non-premium 
        aviation insurance, does not remove the Department of Defense's 
        responsibilities under section 9514 of title 10, United States 
        Code, to provide prompt indemnification to the Department of 
        Transportation for the amount of the loss.</DELETED>
        <DELETED>     ``(2) Terms and conditions.--Obligations under 
        this subsection shall be issued in the forms and denominations, 
        bearing the maturities, and subject to the terms and conditions 
        that the Secretary of the Treasury may prescribe.</DELETED>
        <DELETED>     ``(3) Notification of Congress.--At least 25 days 
        before the Administrator intends to issue and sell a note or 
        other obligation under paragraph (1), the Administrator shall 
        notify, in writing, the Senate and House of Representatives of 
        such intention and the dollar amount of such note or 
        obligation.</DELETED>
        <DELETED>     ``(4) Purchase of obligations.--The Secretary of 
        the Treasury shall purchase any obligations issued under this 
        subsection. For such purpose, the Secretary of the Treasury may 
        use as a public debt transaction the proceeds from the sale of 
        any securities issued under the Second Liberty Bond Act. The 
        purposes for which securities may be issued under such Act are 
        extended to include any purchase of obligations issued under 
        this subsection.</DELETED>
        <DELETED>     ``(5) Resale authority.--The Secretary of the 
        Treasury may sell any obligations issued under this subsection 
        at the times and prices and upon the terms and conditions that 
        the Secretary of the Treasury shall determine.</DELETED>
        <DELETED>     ``(6) Treatment.--All purchases, redemptions, and 
        sales of obligations under this subsection by the Secretary of 
        the Treasury shall be treated as public debt transactions of 
        the United States.''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 44307(a) of 
such title is amended by striking paragraph (2) and inserting the 
following:</DELETED>
        <DELETED>     ``(2) Authorization of Appropriations.--Necessary 
        amounts to carry out this chapter, including amounts required 
        to pay the interest accrued on, or to repay the principal of, 
        obligations issued under subsection (e), may be appropriated to 
        the fund.</DELETED>
        <DELETED>     ``(3) Deposit in fund.--The amounts appropriated 
        and other amounts received, including the proceeds of the sale 
        of obligations issued under subsection (e), shall be deposited 
        in the fund.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 44307(d) of such title 
is amended by adding at the end the following: ``This subsection does 
not apply to amounts appropriated for paying interest accrued on, or 
for repaying the principal of, obligations issued under subsection 
(e).''.</DELETED>

<DELETED>SEC. 5. ARBITRATION AUTHORITY.</DELETED>

<DELETED>    (a) Authorization of Binding Arbitration.--Section 
44308(b)(1) of title 49, United States Code, is amended by inserting 
after the second sentence the following: ``Any such policy may 
authorize the binding arbitration of claims made thereunder in such 
manner as may be agreed to by the Secretary and any commercial insurer 
that may be responsible for any part of a loss to which such policy 
relates.''.</DELETED>
<DELETED>    (b) Authority to Pay Arbitration Award.--Section 
44308(b)(2) of such title is amended--</DELETED>
        <DELETED>     (1) by striking ``and'' at the end of 
        subparagraph (A);</DELETED>
        <DELETED>     (2) by redesignating subparagraph (B) as 
        subparagraph (C); and</DELETED>
        <DELETED>     (3) by inserting after subparagraph (A) the 
        following:</DELETED>
                <DELETED>     ``(B) pay the amount of a binding 
                arbitration award made under paragraph (1); 
                and''.</DELETED>

<DELETED>SEC. 6. EXTENSION OF PROGRAM.</DELETED>

<DELETED>    Section 44310 of title 49, United States Code, is amended 
by striking ``1997'' and inserting ``2002''.</DELETED>

<DELETED>SEC. 7. USE OF AIRCRAFT FOR DEMONSTRATION.</DELETED>

<DELETED>    Section 40102(37)(A) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``or'' in clause (i);</DELETED>
        <DELETED>    (2) by redesignating clause (ii) as clause (iii); 
        and</DELETED>
        <DELETED>    (3) by inserting after clause (i) the 
        following:</DELETED>
                        <DELETED>    ``(ii) owned by the United States 
                        Government and operated by any person for 
                        purposes related to crew training, equipment 
                        development, or demonstration; or''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Insurance Reauthorization 
Act of 1997''.

SEC. 2. VALUATION OF AIRCRAFT.

    (a) General Authority for Insurance and Reinsurance.--Section 
44302(a)(2) of title 49, United States Code, is amended by striking 
``as determined by the Secretary.'' and inserting ``as determined by 
the Secretary in accordance with reasonable business practices in the 
commercial aviation insurance industry.''.
    (b) Limitation on Maximum Insured Amount.--Section 44306(c) of 
title 49, United States Code, is amended by striking ``as determined by 
the Secretary.'' and inserting ``as determined by the Secretary in 
accordance with reasonable business practices in the commercial 
aviation insurance industry.''.

SEC. 3. EFFECT OF INDEMNITY AGREEMENTS.

    Section 44305(b) of title 49, United States Code, is amended by 
adding at the end the following: ``If such an agreement is 
countersigned by the President or the President's designee, the 
agreement shall constitute, for purposes of section 44302(b), a 
determination that continuation of the aircraft operations to which the 
agreement applies is necessary to carry out the foreign policy of the 
United States.''.

SEC. 4. ARBITRATION AUTHORITY.

    (a) Authorization of Binding Arbitration.--Section 44308(b)(1) of 
title 49, United States Code, is amended by inserting after the second 
sentence the following: ``Any such policy may authorize the binding 
arbitration of claims made thereunder in such manner as may be agreed 
to by the Secretary and any commercial insurer that may be responsible 
for any part of a loss to which such policy relates.''.
    (b) Authority to Pay Arbitration Award.--Section 44308(b)(2) of 
such title is amended--
             (1) by striking ``and'' at the end of subparagraph (A);
             (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
             (3) by inserting after subparagraph (A) the following:
                     ``(B) pay the amount of a binding arbitration 
                award made under paragraph (1); and''.

SEC. 5. EXTENSION OF PROGRAM.

    (a) In General.--Section 44310 of title 49, United States Code, is 
amended by striking ``September 30, 2002'' and inserting ``December 31, 
1998''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on October 1, 1997.

SEC. 6. USE OF AIRCRAFT FOR DEMONSTRATION.

    Section 40102(a)(37)(A) of title 49, United States Code, is 
amended--
            (1) by striking ``or'' in clause (i);
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
                            ``(ii) owned by the United States 
                        Government and operated by any person for 
                        purposes related to crew training, equipment 
                        development, or demonstration; or''.