Congressional Record, Volume 144 Issue 108 (Tuesday, August 4, 1998)

[Congressional Record Volume 144, Number 108 (Tuesday, August 4, 1998)]
[House]
[Pages H7020-H7037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AIRPORT IMPROVEMENT PROGRAM REAUTHORIZATION ACT OF 1998

Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4057) to amend title 49, United States Code, to reauthorize
programs of the Federal Aviation Administration, and for other
purposes, as amended.
The Clerk read as follows:

H.R. 4057

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

[[Page H7021]]

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.'';
(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 1 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

[[Page H7022]]

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--

[[Page H7023]]

(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 1.
``(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

[[Page H7024]]

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
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

[[Page H7025]]

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.
``(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,

[[Page H7026]]

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;

[[Page H7027]]

(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:

[[Page H7028]]

``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

[[Page H7029]]

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.--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;

[[Page H7030]]

(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

[[Page H7031]]

``(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)
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

[[Page H7032]]

(or for any amount otherwise obligated) before October 1,
1999, in accordance with the provisions of this section.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Illinois (Mr.
Lipinski), each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is must-pass legislation because without it, there
can be no Federal airport grants made. There are about 18,000 airports
in the United States with about 3300 eligible for Federal AIP grants.
The General Accounting Office estimates that total airport needs are
about $10 billion a year. Airport infrastructure is urgently needed
because of the tremendous success story of growth in aviation.
Before airline deregulation, we had about 230 million people,
passengers flying in U.S. aviation commercially each year. Over the
last 5 years, we have had enplanements increase by 27 percent today.
Last year we had 655 million passengers, and the FAA predicts as we
move into the first decade of the next century we will have over 1
billion, with a ``B,'' passengers flying commercially in America.
If we do not accommodate this growth by investing in airport air
traffic control infrastructure, safety margins are going to be reduced,
and airport delays are going to increase. These delays hurt passengers,
and they undermine the economic growth which is so vital to the future
of our country.
The number of daily aircraft delays of 15 minutes or longer has
already increased nearly 20 percent higher in 1996 than in 1995. Some
airlines predict that in just another 16 years, aircraft delays will be
such that the hub and spoke systems across America will collapse.
The FAA estimates that today's airline delays cost the industry
approximately $2.5 billion a year in higher operating costs. Of course,
that gets translated into higher consumer costs for tickets.
These delays and these costs are particularly troubling when we
consider that approximately $10 billion a year is being paid into the
Aviation Trust Fund by the traveling public, yet we are only spending
about $5.6 billion of that.
Indeed, the problem here is very comparable to the problem that we
faced in surface transportation, which we fixed this year, and that is,
the money that was flowing from the gasoline tax and related taxes into
the Highway Trust Fund was not being spent to improve highways and
transit in America, as it should have been.
We face that same kind of a problem here in aviation. Indeed, it is
an issue which we should deal with. However, we believe that the most
appropriate approach is to have simply a one-year bill in aviation this
year, even though we usually have a multi-year bill, have a one-year
bill so that we can hold the necessary hearings and prepare ourselves
to come back next year so we can address the issue of unlocking the
Aviation Trust Fund just as we did the Highway Trust Fund so that the
revenues being paid into it in good faith by the aviation traveling
public will see that money that they are putting in, those user fees
dedicated and spent to improving aviation in America, to improving
aviation safety, aviation productivity, consumer efficiency.
For all those reasons, I believe we should vigorously support this
legislation this year, recognizing that next year we will attempt to
fix the problem of not being totally square with the aviation traveling
public, not spending the money that they put in that Aviation Trust
Fund as it should be spent. But that is an issue for us to come to
grips with next year.
I would urge strong support for the passage of this one-year bill
because it is in the interest of the American traveling public.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 4057, the Airport
Improvement Reauthorization Act of 1998.
H.R. 4057 is a one-year reauthorization of the important Airport
Improvement Program. The AIP is funded entirely by the Aviation Trust
Fund and provides grants to local airports for needed safety, security,
capacity and noise projects.
The capital development needs of our Nation's airports are great. It
is estimated that between $6- and $10 billion per year is needed to
fund all of our Nation's airport development needs. Yet despite the
outstanding needs of our Nation's airports, huge unspent balances are
allowed to accumulate in the Aviation Trust Fund.
In fact, the balance in the Aviation Trust Fund is expected to grow
to almost $48 billion in the next 10 years. At the same time, the
General Accounting Office reports that many airports will face
substantial work keeping runways in generally good condition in the
next 10 years.
We cannot allow our Nation's airports to deteriorate, while money
collected from aviation users simply sits in the Aviation Trust Fund.
For this reason, H.R. 4057 is only a one-year reauthorization bill.
Next year, when there is more time, we will fight to make sure that the
revenue in the Aviation Trust Fund is used for aviation. We will fight
to put the trust back in the Aviation Trust Fund, the same way we
fought to put the trust back in the Highway Trust Fund under TEA 21.
It is my hope that next year we will also work to increase the
passenger facility charge. The PFC is also used to fund airport
development projects, helping to offset the funding shortfalls of AIP.
An increase in the PFC is needed to adequately meet our Nation's
airport development needs.
Although H.R. 4057 does not include an increase in the PFC, it is
still a very good bill. In addition to making several changes to the
AIP program, H.R. 4057 contains many important safety and policy
provisions.
For example, H.R. 4057 requires collision avoidance systems to be
installed on large cargo aircraft by the year 2002.

{time} 1115

A collision avoidance system, referred to as TCAS, is already
required on passenger aircraft. In addition, most of the world's major
aviation countries are requiring that all large aircraft, both
passenger and cargo, be equipped with TCAS by the year 2000. By
requiring TCAS or some other collision avoidance system on cargo
aircraft, H.R. 4057 ensures that some 600 cargo aircraft that share the
U.S. air space with passenger aircraft each day will now have the same
ability to avoid midair collisions.
In addition, H.R. 4057 provides whistle-blower protection for airline
employees. The bill provides whistle-blower protection for flight
attendants, pilots, machinists and other airline employees who report
safety violations to the Federal Aviation Administration. This will
greatly improve airline safety because employees will no longer have to
fear retaliation from their employer if they report safety violations
to the FAA.
I could mention several other important provisions in H.R. 4057, but
in the interest of time I simply want to stress that H.R. 4057 is a
good, strong bill that is good for our Nation's airports and for our
Nation's aviation infrastructure as a whole. I urge my colleagues to
support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Tennessee (Mr. Duncan), the distinguished chairman of
our Subcommittee on Aviation.
(Mr. Duncan asked and was given permission to revise and extend his
remarks.)
Mr. DUNCAN. Mr. Speaker, I thank the gentleman from Pennsylvania, the
chairman of the full committee, for yielding me this time, and I rise
in strong support of H.R. 4057.
Let me first say that I really appreciate the outstanding leadership
provided by the chairman of our committee, the gentleman from
Pennsylvania (Mr. Shuster), who has always provided strong leadership
on issues pertaining to aviation.
This bill before us is a product that enjoys support from both sides
of the aisle. We have worked very closely with the ranking member of
the Committee on Transportation and Infrastructure, the fine gentleman
from Minnesota (Mr. Oberstar), and my good friend from Chicago, the
ranking

[[Page H7033]]

member of the Subcommittee on Aviation, the gentleman from Illinois
(Mr. Lipinski), in crafting this very important legislation.
As has been stated already, H.R. 4057 is a simple 1-year
reauthorization of the Airport Improvement Program and the FAA's
Operations and Facilities Equipment accounts.
H.R. 4057 provides dedicated funding for airport security, and
increases the number of military airports which can receive special AIP
funds from 12 to 14, which was done at the request of several Members
from the State of Florida.
It also increases the noise set-aside from 31 percent of the
discretionary funds to 33 percent, which will be a significant increase
in our efforts to combat noise at airports.
The bill makes runway incursion devices eligible for AIP funding and
ensures that this is a higher priority.
It establishes a Centennial Flight Commission, at the request of our
friend, the gentleman from North Carolina (Mr. Walter Jones).
It requires, as the gentleman from Illinois (Mr. Lipinski) has
mentioned, collision avoidance systems for cargo aircraft, primarily at
the urging and recommendation of the gentleman from Illinois, who has
worked so very hard on that particular issue.
It provides assistance for the Olympics and for the Special Olympics
in Utah, transportation assistance, at the request of the gentleman
from Utah (Mr. Merrill Cook).
It has whistle-blower protection for airline employees and FAA
employees for the first time, an issue that our friends the gentleman
from New York (Mr. Boehlert) and the gentleman from South Carolina (Mr.
Clyburn) have worked on very, very hard.
It includes a deed restriction removal for the airport at Newport
News, Virginia, at the request of one of our committee members, the
gentleman from Virginia (Mr. Bateman).
It begins the elimination of the bogus parts problem, at the request
of the gentleman from Oregon (Mr. DeFazio).
It has other provisions that I will not really go into at this time,
but we did try to accommodate a great many Members who have made
requests in this legislation.
As the gentleman from Pennsylvania (Mr. Shuster) said, this is a
must-pass bill because the authorization for the AIP program expires on
September 30th of this year, and without this authorization, no
airports will be able to receive needed safety and security funding.
We have also included in this bill $5 million for the National Safe
Skies Alliance, which will test and evaluate state-of-the-art security
equipment, including explosive detection systems. The National Safe
Skies Alliance will certainly produce results that eventually will
improve the safety and security at airports all across this Nation.
H.R. 4057 includes a provision that seeks to promote safety and quiet
in and around our national parks by establishing a process for
developing air tour management plans. And this is a significant part of
this legislation, Mr. Speaker, because we had groups from the
environmental community and groups from the air tour community that
started out very, very far apart, but they have compromised and worked
together to come up with, I think, very innovative and far-reaching
legislation that will ensure that the FAA has the sole authority to
control airspace and that the National Park Service has the
responsibility to manage the park resources, and that these two
agencies under this legislation will work cooperatively in developing
air tour management plans for our national parks.
This legislation covers virtually every national park in the country
except those in Alaska and the Grand Canyon, for which there will be
special accommodations. Air tours over the Grand Canyon are already
covered by a 1987 law, and if that should ever be repealed, the Grand
Canyon would be covered by this legislation.
I am proud to say that we have worked on a bipartisan basis both on
the Subcommittee on Aviation and at the full committee level on all of
these issues.
Mr. Speaker, let me say in closing that I believe the Aviation Trust
Fund should receive the same budget treatment that this Congress has
overwhelmingly approved for the Highway Trust Fund. This is a matter
that has been briefly touched upon by both the chairman and the
gentleman from Illinois.
The fact is that under the new aviation tax system, we are bringing
in about $10 billion per year into the Aviation Trust Fund. Over a 5-
year period, the Congressional Budget Office estimates that we will
have a $40 billion cash surplus in the trust fund. Some experts predict
that estimates for airport improvements across the country are about
$10 billion per year, or $50 billion over that 5-year period.
The $1.7 billion appropriated for the AIP program is not enough to
meet those needs. Air passenger traffic and air cargo traffic are both
shooting way up every year to record levels, and the $1.2 billion
collected from the passenger facility charge each year does not go very
far or far enough for these expensive projects.

Although some members of the Committee on Transportation and
Infrastructure support increasing the passenger facility service
charge, and I agree that airports certainly need more financial
assistance, this bill does not raise the current $3 PFC. But I also
believe we should wait until next year so we can all work together to
fundamentally change the way in which our aviation system is funded.
The gentleman from Pennsylvania has recommended that we make next year
the ``year of aviation'' in our committee, and I certainly believe that
we will do that and that we should do that.
I believe the American people are paying their fair share of taxes
into the aviation system, but I know that our government's budgeting
process here is obviously very flawed and in need of change and is
resulting in many shortcomings to those who are using our aviation
system.
Finally, Mr. Speaker, let me salute the outstanding staff of the
Subcommittee on Aviation, David Schaffer and Donna McLean. But I would
like to take just a moment to salute my good friend Jim Coon, who has
worked so hard on this legislation, and who will very shortly be
leaving our subcommittee to move to a tremendous new opportunity with
the Air Transport Association, and will terminate at that point a 16-
year career on Capitol Hill, the last 10 of which Mr. Coon has been
with me, first as my legislative director and then for almost 4 years
now with the Subcommittee on Aviation.
Jim Coon is one of the finest men I have ever known in my life and
one of the hardest working, and he has done a tremendous job both for
me personally in my office and for the last few years with the
Subcommittee on Aviation. I can tell my colleagues that this Congress
and I personally will miss Jim Coon, and I just want him to know how
much I appreciate all that he has done for me, for this committee, and
for this country.
Mr. LIPINSKI. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I thank the
gentleman for yielding me this time, and I want to congratulate the
chairman and the entire leadership of the committee and staff on this
important legislation.
In the face of conflicting pressures and demands, the committee has
succeeded in crafting a carefully balanced measure that will benefit
the Nation's airports and our entire air transportation system. In
particular, I would like to commend the chairman for the provision in
this bill broadening the eligibility for terminal construction work
using revenues from passenger facility charges. The provision will
surely make it easier for airports to provide facilities for smaller
air carriers seeking to offer competitive service.
I want to be certain that I am correct in my understanding of the way
in which the committee intends for this provision to function.
Mr. SHUSTER. Mr. Speaker, will the gentlewoman yield?
Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from
Pennsylvania.
Mr. SHUSTER. I will be happy to try to respond to the gentlewoman,
Mr. Speaker.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I want to confirm
that the committee intends for the FAA to allow an airport applicant to
use this provision for either a stand-alone terminal structure or for
that pro-rata portion of a terminal to be

[[Page H7034]]

used by any air carrier having less than 50 percent of the scheduled
passenger traffic at the airport.
Mr. SHUSTER. If the gentlewoman will continue to yield, that is
correct. For example, if 25 percent of a new terminal building is to be
used by eligible carriers, all the costs associated with the gates and
the boarding areas, and at least 25 percent of the building's total
shell, including heating, ventilation, air conditioning, fuel lines and
related construction costs, will be eligible for PFC funding under this
provision.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I thank the
chairman. It is gratifying to have his confirmation of my understanding
of the intent of this provision.
Mr. SHUSTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Hefley).
Mr. HEFLEY. Mr. Speaker, I thank the chairman for yielding me this
time. I support the basic purpose of this bill. I think it is a good
bill. I think it is a needed bill. And I hate to inject any kind of a
negative note into it, but I must rise today on behalf of the people
around Denver International Airport.
For several years now we have had a ban on the building of a sixth
runway at DIA. This bill effectively lifts that ban. I have long felt
that it is important to maintain the ban on the sixth runway until
Denver and the FAA do all they can to relieve the noise problems of the
people surrounding the airport.
These are not people who built their homes next to an airport. These
are people who chose to live in outlying counties, some of them as many
as 25, 30 miles away, Douglas County being one of them that I
represent, because these are relatively quiet, rural settings. For many
of the residents that was the number one reason for living in these
communities.
But Denver decided they needed a new airport. They decided to put the
airport far away from their own population. Now my constituents, and
many others who never had a vote on whether to approve this new
airport, are the ones paying the noise price that a big airport like
this brings.
When we went to Denver to ask them to help us solve this problem,
they said, ``It is not our problem. We didn't consider this an
Environmental Impact Statement. That is your problem. We are not going
to worry about it.''
Because of the ban on the sixth runway, we were able to bring Denver
to the table. It gave us leverage to bring Denver to the table to help
try to solve the problem. In fact, the city of Denver jointly funded a
noise study with the surrounding communities, and that study shows that
changes could be made to the airport's flight paths to reduce the noise
problems. That study would never have been done if we had not had a ban
on the additional runway.
This year should have been the culmination of our effort. With a
compromise that we had worked out, and keeping the ban in place, we
would have allowed Denver to proceed with the necessary environmental
updates for the sixth runway so they would not have lost time. We would
have kept Denver at the table, though, by having a ban on. With
additional language instructing the FAA to address this problem, we
would have had a real chance to solve the problem. Now, with the
language in this bill, I am afraid it will be much more difficult to
obtain relief for the people around DIA.
I know that the chairmen, the main committee chairman and the
subcommittee chairman, they do not understand, probably, how difficult
it has been to work with Denver on this situation and to get them to
the table and to make them look at the problems that they have created
for the surrounding counties.

{time} 1130

We were able to do that, and I am very disappointed that the ban is
lifted in this legislation. If you would have given us one more year, I
think we would have gotten the problem solved and we would have all
been supportive and there would not have been any problem.
I thank the gentleman from Tennessee (Mr. Duncan) and others for the
efforts they have made to try to assist me in this matter.
This being said, however, I cannot allow this measure to pass the
House floor without voicing my opposition to the DIA provision lifting
the ban.
Mr. LIPINSKI. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Colorado (Ms. DeGette).
Ms. DeGETTE. Mr. Speaker, the Denver International Airport has now
been constructed for about 3 years, but it is like building an airport
with one hand tied behind your back because we do not have a runway
that can adequately handle international traffic and the international
business development in Denver and the Front Range.
My esteemed senior colleague to the south says that there are
problems with noise at the airport, and that is true. There are always
noise issues around every airport, and Denver has done everything in
their power to reduce the noise as much as possible.
I will point out to my colleague that the residents, many of whom
live in the district of the gentleman from Colorado (Mr. Bob Schaffer),
none that I know of who live in my colleague to the south's district,
voted to approve the airport in the beginning. This was not an airport
that was thrust upon them. Under the Colorado constitution, they had to
vote to approve it.
Denver has worked assiduously and intends to continue to work
assiduously to make sure that all noise problems associated with DIA
are reduced to the greatest extent possible, if not eliminated.
I want to thank the gentleman from Pennsylvania (Mr. Shuster), the
gentleman from Tennessee (Mr. Duncan), the gentleman from Minnesota
(Mr. Oberstar), and the gentleman from Illinois (Mr. Lipinski) for
their support in recognizing this and recognizing the fact that putting
a ban on a sixth runway does not solve these noise issues but merely
stunts the economic growth in the Front Range of Colorado.
I look forward to working with the Committee on Transportation and
Infrastructure and with this committee in the future to make sure that
the sixth runway is constructed, that it is adequately funded, and I
also look forward to working with my colleagues from the rest of the
Colorado delegation to make sure that we eliminate as much as possible
any noise.
I will say that Denver and my office remain committed to making sure
that the noise problems are eliminated as much as possible, and I look
forward to getting on with the construction of this sixth runway.
Mr. SHUSTER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, I thank the gentleman for yielding time.
Mr. Speaker, on December 24, 1996, a Learjet with Pilot Johan
Schwartz, who was 31, of Westport, Connecticut, and Patrick Hayes, 30,
of Clinton, Connecticut, lost contact with the control tower at the
Lebanon, New Hampshire Airport.
Despite efforts by the Federal Government, New Hampshire State and
local authorities, and Connecticut authorities, a number of extremely
well organized ground searches failed to locate the two gentlemen or
the airplane. Their airplane did not have an ELT, an emergency locator
transmitter device, and this plane has never been found. Countless time
and money was spent trying to locate these two individuals and to
locate the plane. This is because they did not have an ELT.
I would like to see provisions from H.R. 664 to require emergency
locator transmitters, ELTs, on fixed wing civil aircraft included in
H.R. 4057, the Airport Improvement Program Reauthorization Act. ELT
provisions are included in section 504 of the Senate version of the
bill, S. 2279, the National Air Transportation System Improvement Act,
and I would look forward to working with the gentleman from
Pennsylvania (Chairman Shuster) and the gentleman from Tennessee
(Chairman Duncan) about the possibility of adding this important
provision in the conference report.
The bottom line is, an ELT plays a vital role in search efforts,
where timing is so critical in any rescue mission. These men may have
been alive for a period of time, yet we could never find them. The cost
of these devices ranges from approximately $500 to $2,500, although
less costly technology is now evolving.

[[Page H7035]]

I hope that this provision will be added in the conference report. I
understand it is not in this bill. I do support the bill and look
forward to voting for it, but hope in conference we can add an ELT
provision.
The SPEAKER pro tempore (Mr. Dickey). Before recognizing anyone else,
the Chair would like to state that the gentleman from Pennsylvania (Mr.
Shuster) has 3 minutes remaining, and the gentleman from Illinois (Mr.
Lipinski) has 12 minutes remaining.
Mr. LIPINSKI. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Speaker, I rise in support of this Airport
Improvement Reauthorization Act.
I thank the chairman and the ranking member for crafting thoughtful
and responsive legislation that will help revitalize the Federal
Aviation Administration while reauthorizing Federal aviation programs,
but I am concerned about provisions in the Senate bill that take us a
step back and would bring controversy and invite opposition to this
important legislation by increasing the number of flights to the four
slot-controlled airports.
In the case of Washington National Airport, the Senate legislation
would add an additional 24 slots to this congested airport and lift the
perimeter rule, permitting half of those slots to fly beyond the
current 1,250-mile perimeter restriction. A change in the perimeter
rule would result in a cutback in locations currently served by
National within the perimeter and adversely affect the development of
the Washington area's three commercial airports.
Over time, short-range service to cities that generate less than $20
million in revenue would be displaced and the number of
transcontinental flights operating out of Dulles, which has plenty of
room for expansion, would decline. Thus, the substantial investment
made at both National and Dulles by the taxpayers, the Federal Aviation
Administration and the aviation community would become substantially
devalued.
In 1986 the Washington region made a contract with the Congress that
the Washington region would take over both the funding and operational
responsibility for its airports. It was signed by President Reagan. The
region fulfilled its part of the bargain. We came up with the money. We
remodeled all of the airports. It is working fine.
Now Congress should not renege on its part of the bargain. And that
is why I urge the chairman and ranking member of the Committee on
Transportation and Infrastructure to remain firm and oppose the
addition of any Senate language altering the number of flights or the
current perimeter rule that governs the operation of Washington
National Airport.
Mr. LIPINSKI. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Brown).
Ms. BROWN of Florida. Mr. Speaker, first of all let me thank the full
committee chairman, the gentleman from Pennsylvania (Mr. Shuster); the
ranking member, the gentleman from Minnesota (Mr. Oberstar); the
subcommittee chairman, the gentleman from Tennessee (Mr. Duncan); and
the ranking member, the gentleman from Illinois (Mr. Lipinski), for
their work in crafting this legislation and including elements that
will be beneficial to all of our Nation's airports, including the ones
in my home State of Florida.
I am pleased with the funding level in this bill. The capital
improvement and safety costs associated with air service are enormous,
especially for smaller regional airports. And the Federal Government,
as well as State and local government, must be partners to ensure the
safest, most efficient air service.
The aviation industry is critical to the economic well-being of
Florida. Orlando will soon be hailing 30 million passengers a year, and
35 million passengers and 2.9 tons of cargo will be coming through
Miami's International Airport, which is known as the ``Hub of the
Americas.'' Jacksonville is a key intermodal location for air service,
shipping, and rail; and these all directly and indirectly support the
military presence in north Florida.
We on the Committee on Transportation and Infrastructure all know the
importance of the role aviation plays in our community and for our
economy.
This is a good bill which will expand the military airport program
and includes whistle blower protection for airline employees who
provide information on safety violations.
Yesterday, I spoke to the Florida Airport Manager's Association, more
than 700 people present in Miami at their annual conference, and they
strongly support the AIP program and this bill.
I thank the committee's leadership for getting this bill to the floor
and I urge my colleagues to support it.
Mr. LIPINSKI. Mr. Speaker, I yield myself the balance of the time.
I just want to say in closing that, as usual, working with the
gentleman from Tennessee (Mr. Duncan), chairman of the subcommittee,
has been a great pleasure. No one could be more cooperative,
understanding, and tolerant than the chairman of the subcommittee or
the full committee. It is a real joy to work with the gentleman from
Tennessee (Mr. Duncan), not only on this bill but all the time, in
regards to aviation matters. I also want to express my sincere
appreciation to the gentleman from Pennsylvania (Mr. Shuster) for his
interest in this legislation, and to the gentleman from Minnesota (Mr.
Oberstar), the ranking member of the full committee.
In closing I would like to say that, as usual, the staff on both
sides have done an outstanding job. The cooperation that is put forth
by the gentleman from Tennessee (Mr. Duncan), that example is certainly
picked up by the entire staff on the Subcommittee on Aviation, and they
worked very closely together to produce what they believe is the best
legislation for the American flying public.
I would like to say that I certainly do not know Jim Coon as well as
the gentleman from Tennessee (Mr. Duncan) does. But in the opportunity
I have had to get to know him, I have found him to be not only entirely
professional in everything he does but really a down-to-earth, very
nice gentleman, and I wish him well in his new position. I am sorry to
lose him from the Subcommittee on Aviation. But, as I have said to
others, we have to go on and enjoy life and better ourselves.
So let me just say this is a great bill. Let us hope that we get
unanimous support for it.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
I certainly join with these other distinguished leaders on our
committee in wishing Mr. Coon the very best in his future. He certainly
has performed in an outstanding fashion on our committee.
Mr. Speaker, I include for the Record the letters between the
Committee on Transportation and Infrastructure and the Committee on
Ways and Means concerning the committees' respective jurisdiction over
H.R. 4057:
Committee on Transportation and Infrastructure, House of
Representatives
Washington, DC, August 4, 1998.
Hon. Bill Archer,
Chairman, House Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Bill: Thank you for your letter regarding the
provisions in H.R. 4057, the Airport Improvement Program
Reauthorization Act. This bill was reported on Monday, July
20, 1998, by the Committee on Transportation and
Infrastructure.
There are several provisions which are of interest to your
Committee, and I appreciate your willingness to expedite
consideration of the legislation. We have, as you requested,
included language supplied by your Committee regarding the
aviation trust fund provisions. In addition, the provision in
our bill encouraging innovative financing with Airport
Improvement Program grants includes language which clearly
does not modify the Internal Revenue Code.
Thank you for your continued cooperation on these matters.
As you requested, your original letter and this response will
be placed in the Record during consideration of the bill on
the House Floor.
With kind regards, I remain,
Sincerely,
Bud Shuster,
Chairman.
____

Committee on Ways and Means,

House of Representatives,
Washington, DC, July 31, 1998.
Hon. Bud Shuster,
Chairman, House Committee on Transportation and
Infrastructure, Rayburn House Office Building,
Washington, DC.
Dear Bud: I understand that on Monday, July 20, 1998, the
Committee on Transportation and Infrastructure reported H.R.
4057,

[[Page H7036]]

providing for a one-year reauthorization of the Airport
Improvement Program.
As you know, the Trust Fund Code includes specific
provisions within the jurisdiction of the Committee on Ways
and Means which govern trust fund expenditure authority and
which limit purposes for which trust fund moneys may be
spent. Statutorily, the Committee on Ways and Means generally
has limited expenditures by cross-referencing provisions of
authorizing legislation. Currently, the Trust Fund Code
provisions allow expenditures from the Airport and Airway
Trust Fund before October 1, 1998. C-Similarly, the Trust
Fund Code approves all expenditures from the Airport and
Airway Trust Fund permitted under previously enacted
authorization Acts, most recently the Federal Aviation
Reauthorization Act of 1996, as in effect on the date of
enactment of the 1996 Act.
I now understand that you are seeking to have H.R. 4057
considered by the House as early as next week. In addition, I
have been informed that your Committee will seek a Manager's
or Committee amendment to the bill which will include
language I am supplying (attached) to address the necessary
trust fund provisions.
The amendment would extend until October 1, 1999, the
general expenditure authority and purposes of the Airport and
Airway Trust Fund contained in section 9502(d) and would
provide that, generally, expenditures from the Airport and
Airway Trust Fund may occur only as provided in the Internal
Revenue Code.
I note also that Section 106 of the bill would preclude the
implementation of an innovative financing technique which
gives rise to a direct or indirect federal guarantee of any
airport debt instrument. Subject to narrow exceptions
grandfathering programs in existence in 1984, the Internal
Revenue Code prohibits the combination of tax-exemption on
state and local bond interest and direct or indirect federal
guarantees. Section 106 of HR 4057 does not modify this Code
prohibition. Therefore, if the Department of Transportation
guarantees an authorized innovative financing technique and
it is combined with tax-exempt financing in any manner
violating the Code prohibition, interest on the underlying
bonds will become taxable, retroactive to the date of their
issuance.
Based on this understanding, and in order to expedite
consideration of this legislation, it will not be necessary
for the Committee on Ways and Means to markup this
legislation. This is being done with the further
understanding that the Committee will be treated without
prejudice as to its jurisdictional prerogatives on such or
similar provisions in the future, and it should not be
considered as precedent for consideration of matters of
jurisdictional interest to the Committee on Ways and Means in
the future.
Finally, I would appreciate your response to this letter,
confirming this understanding with respect to H.R. 4057, and
would ask that a copy of our exchange of letters on this
matter be placed in the Record during considering of the bill
on the Floor. Thank you for your cooperation and assistance
on this matter. With best personal regards,
Sincerely,
Bill Archer,
Chairman.
Enclosure.

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

SEC. 901. 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''.
(a) 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 an 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.''.

Mr. ADAM SMITH of Washington. Mr. Speaker, I would like to take some
time to talk about some of my concerns regarding H.R. 4057, the Airport
Improvement Program Reauthorization Act. I recognize that this bill
funds some very important and critical programs, including operation
and maintenance of the air traffic control system, safety inspections,
and other Federal Aviation Administration (FAA) activities. It does an
adequate job ensuring that our airports and airways are safe and
efficient.
Mr. Speaker, I've had personal experience with the FAA and the
Airport Improvement Program (AIP) as a community activist, a state
Senator, and now as a member of Congress. In fact, I grew up about a
mile from the Seattle/Tacoma International Airport (SeaTac), so I know
how people are affected by airports first hand.
The Port of Seattle has been attempting to expand SeaTac for more
than nine years. Over those years, I've had several problems with the
way the Port and the FAA have dealt with this proposed expansion
project. I feel they have severely underestimated the environmental
impacts the new runway would have on local communities, including the
potential financial costs of implementation. They have also failed to
adequately evaluate other potential problems, including increased
traffic that would arise from construction and the increased noise
expansion would have on local schools and neighborhoods. Overall, I
strongly believe the FAA and the Port have shown a disregard for the
concerns of the local citizens whom will have to bear the brunt of the
negative results of this proposed expansion.
Considering my experience with this program, I believe there are
three things that could have been included in the legislation that
would have made it better for those that live and work around our
counties' airports. First, I have concerns over the current executive
branch dealing with pollution from aircraft. The principal agency in
the federal government that deals with environmental impact is the
Environmental Protection Agency (EPA); however, when it comes to
pollution resulting from aircraft it is the FAA. This wasn't always the
case. Previously, the Office of Noise Abatement and Control in the EPA
was responsible for coordinating federal noise abatement activities,
updating and developing new noise standards, and promoting research and
education on the impacts of noise pollution. This office was eliminated
in 1982. I believe the FAA has a strong disincentive for effectively
handing aircraft pollution because their main function is to expand and
promote aviation. On the other hand, the EPA is in a much better
position to fairly analyze pollution from aircraft and thus effectively
implement policy to deal with these impacts, because its chief
objective is to protect people against dangerous environmental
problems. I feel the bill should have transferred these powers from the
FAA to EPA in order to properly study and better protect citizens in my
district and others from aviation pollution.
Second, I would like to have seen the bill set aside more funds to
directly compensate the public for the damage that it will have on
their lives. A study has determined that the impact that the proposed
3rd runway would have on my constituents is around $4 billion, but the
plan by the Ports includes only $50 million in mitigation costs. This
is clearly unfair. The citizens of communities surrounding the airport
would have to bear the brunt of mitigating the environmental problems
surrounding the proposed project, despite having very little impute and
decision making authority. I feel that the bill could have authorized
more money for the use of directly compensating individuals impacted by
new construction for areas like my district.
Third, I'm very concerned about the lack of congressional and local
input in the decision making authority for approving FAA discretionary
grants for new airport construction. While I understand the meaning of
a discretionary program is that the federal agency has the discretion
in determining whether to appropriate the funds, I believe the current
system so substantially displaces legislative input that it trumps the
spirit of the separation of powers of our three branches of government,
which is a critical part of our representative democracy. The Port of
Seattle and the FAA negotiated a Record of Decision in July of 1997,
despite serious objections from myself and my constituents. Our system
is designed to have members of Congress represent the concerns and
interests of their home districts and thus executive decisions that
impact a certain group of people should only be done with the
consideration of the opinions of the Member who represents those
people. I do not feel that my concerns have not adequately been taken
into consideration during this process, and I feel this is wrong.
Overall, I feel that the concerns of local citizens and thus Members
of Congress who represent them are not sufficiently taken into
consideration under the AIP, and will continue to advocate for changes
to this program in the future. Therefore, I urge my colleagues to
oppose this legislation.
Mr. HALL of Ohio. Mr. Speaker, I rise in support of H.R. 4057, the
Airport Improvement Program Reauthorization Act of 1998, and call to
the attention of my colleagues Title VII, the Centennial of Flight
Commemoration Act. This title is a modified version of H.R. 2305, a
bill I introduced with Mr. Jones of North Carolina and with the support
of Mr. Hobson of Ohio.

[[Page H7037]]

The measure creates a limited, seven-member federal commission to
help plan and coordinate the national celebration of the 100th
anniversary of the Wright brothers' historic first flight in 1903.
The commission is charged with coordinating celebration dates
nationwide and maintaining a central clearinghouse for information on
commemorative activities. It would also represent the United States in
international commemorations for the Wright brothers.
The commission is similar to ones established by Congress to
celebrate the anniversaries of the American Revolution, Constitution,
discovery of America by Christopher Columbus, birth of Thomas
Jefferson, and others.
H.R. 2305 is cosponsored by almost all the members of the Ohio and
North Carolina delegations. This is fitting, because the Wright
brothers carried out their famous flight in Kitty Hawk, North Carolina,
and they lived and constructed their airplane in Dayton, Ohio.
Mr. Speaker, it is hard to imagine a technological achievement that
affected our world more than the conquest of flight. The first flight
by Orville and Wilbur Wright represents the fulfillment of the age-old
dream of flying and it has dramatically changed the course of
transportation, commerce, communication and warfare. It is therefore
fitting that we honor the Wright brothers and their achievements in
this fashion.
I wish to thank the chairman and ranking minority member of the
Committee on Transportation and Infrastructure and the Subcommittee on
Aviation for their support.
Mr. SHUSTER. Mr. Speaker, I urge passage of the bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the
rules and pass the bill, H.R. 4057, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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