[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.

                          ____________________