[Congressional Record Volume 144, Number 129 (Thursday, September 24, 1998)]
[Senate]
[Pages S10933-S10936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WENDELL H. FORD NATIONAL AIR TRANSPORTATION SYSTEM IMPROVEMENT ACT OF 
                                  1998

                                 ______
                                 

               FAIRCLOTH (AND OTHERS) AMENDMENT NO. 3631

  Mr. McCAIN (for Mr. Faircloth for himself, Mr. Hollings, and Mr. 
Helms) proposed an amendment to the bill, S. 2279, supra; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5____. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A 
                   BILATERAL AGREEMENT BETWEEN THE UNITED STATES 
                   AND THE UNITED KINGDOM.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (2) Bermuda ii agreement.--The term ``Bermuda II 
     Agreement'' means the Agreement Between the United States of 
     America and United Kingdom of Great Britain and Northern 
     Ireland Concerning Air Services, signed at Bermuda on July 
     23, 1977 (TIAS 8641).
       (3) Charlotte-london (gatwick) route.--The term 
     ``Charlotte-London (Gatwick) route'' means the route between 
     Charlotte, North Carolina, and the Gatwick Airport in London, 
     England.
       (4) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Findings.--Congress finds that--
       (1) under the Bermuda II Agreement, the United States has a 
     right to designate an air carrier of the United States to 
     serve the Charlotte-London (Gatwick) route;
       (2) the Secretary awarded the Charlotte-London (Gatwick) 
     route to US Airways on September 12, 1997, and on May 7, 
     1998, US Airways announced plans to launch nonstop service in 
     competition with the monopoly held by British Airways on the 
     route and to provide convenient single-carrier one-stop 
     service to the United Kingdom from dozens of cities in North 
     Carolina and South Carolina and the surrounding region;

[[Page S10934]]

       (3) US Airways was forced to cancel service for the 
     Charlotte-London (Gatwick) route for the summer of 1998 and 
     the following winter because the Government of the United 
     Kingdom refused to provide commercially viable access to 
     Gatwick Airport;
       (4) British Airways continues to operate monopoly service 
     on the Charlotte-London (Gatwick) route and recently upgraded 
     the aircraft for that route to B-777 aircraft;
       (5) British Airways had been awarded an additional monopoly 
     route between London England and Denver, Colorado, resulting 
     in a total of 10 monopoly routes operated by British Airways 
     between the United Kingdom and points in the United States;
       (6) monopoly service results in higher fares to passengers; 
     and
       (7) US Airways is prepared, and officials of the air 
     carrier are eager, to initiate competitive air service on the 
     Charlotte-London (Gatwick) route as soon as the Government of 
     the United Kingdom provides commercially viable access to the 
     Gatwick Airport.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary should--
       (1) act vigorously to ensure the enforcement of the rights 
     of the United States under the Bermuda II Agreement;
       (2) intensify efforts to obtain the necessary assurances 
     from the Government of the United Kingdom to allow an air 
     carrier of the United States to operate commercially viable, 
     competitive service for the Charlotte-London (Gatwick) route; 
     and
       (3) ensure that the rights of the Government of the United 
     States and citizens and air carriers of the United States are 
     enforced under the Bermuda II Agreement before seeking to 
     renegotiate a broader bilateral agreement to establish 
     additional rights for air carriers of the United States and 
     foreign air carriers of the United Kingdom.
                                 ______
                                 

                       DeWINE AMENDMENT NO. 3632

  Mr. McCAIN (for Mr. DeWine) proposed an amendment to the bill, S. 
2279, supra; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5____. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A 
                   BILATERAL AGREEMENT BETWEEN THE UNITED STATES 
                   AND THE UNITED KINGDOM.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (2) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102 of title 49, United States Code.
       (3) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (4) Bermuda ii agreement.--The term ``Bermuda II 
     Agreement'' means the Agreement Between the United States of 
     America and United Kingdom of Great Britain and Northern 
     Ireland Concerning Air Services, signed at Bermuda on July 
     23, 1977 (TIAS 8641).
       (5) Cleveland-london (gatwick) route.--The term 
     ``Cleveland-London (Gatwick) route'' means the route between 
     Cleveland, Ohio, and the Gatwick Airport in London, England.
       (6) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (8) Slot.--The term ``slot'' means a reservation for an 
     instrument flight rule takeoff or landing by an air carrier 
     of an aircraft in air transportation.
       (b) Findings.--Congress finds that--
       (1) under the Bermuda II Agreement, the United States has a 
     right to designate an air carrier of the United States to 
     serve the Cleveland-London (Gatwick) route;
       (2)(A) on December 3, 1996, the Secretary awarded the 
     Cleveland-London (Gatwick) route to Continental Airlines;
       (B) on June 15, 1998, Continental Airlines announced plans 
     to launch nonstop service on that route on February 19, 1999, 
     and to provide single-carrier one-stop service between 
     London, England (from Gatwick Airport) and dozens of cities 
     in Ohio and the surrounding region; and
       (C) on August 4, 1998, the Secretary tentatively renewed 
     the authority of Continental Airlines to carry out the 
     nonstop service referred to in subparagraph (B) and selected 
     Cleveland, Ohio, as a new gateway under the Bermuda II 
     Agreement;
       (3) unless the Government of the United Kingdom provides 
     Continental Airlines commercially viable access to Gatwick 
     Airport, Continental Airlines will not be able to initiate 
     service on the Cleveland-London (Gatwick) route; and
       (4) Continental Airlines is prepared to initiate 
     competitive air service on the Cleveland-London (Gatwick) 
     route when the Government of the United Kingdom provides 
     commercially viable access to the Gatwick Airport.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary should--
       (1) act vigorously to ensure the enforcement of the rights 
     of the United States under the Bermuda II Agreement;
       (2) intensify efforts to obtain the necessary assurances 
     from the Government of the United Kingdom to allow an air 
     carrier of the United States to operate commercially viable, 
     competitive service for the Cleveland-London (Gatwick) route; 
     and
       (3) ensure that the rights of the Government of the United 
     States and citizens and air carriers of the United States are 
     enforced under the Bermuda II Agreement before seeking to 
     renegotiate a broader bilateral agreement to establish 
     additional rights for air carriers of the United States and 
     foreign air carriers of the United Kingdom, including the 
     right to commercially viable competitive slots at Gatwick 
     Airport and Heathrow Airport in London, England, for air 
     carriers of the United States.
                                 ______
                                 

                      THOMPSON AMENDMENT NO. 3633

  Mr. McCAIN (for Mr. Thompson) proposed an amendment to the bill, S. 
2279, supra; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR 
                   TRANSPORTATION WITHOUT AN AIRMAN'S CERTIFICATE.

       (a) In General.--Chapter 463 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 46317. Criminal penalty for pilots operating in air 
       transportation without an airman's certificate

       ``(a) Application.--This section applies only to aircraft 
     used to provide air transportation.
       ``(b) General Criminal Penalty.--An individual shall be 
     fined under title 18, imprisoned for not more than 3 years, 
     or both, if that individual--
       ``(1) knowingly and willfully serves or attempts to serve 
     in any capacity as an airman without an airman's certificate 
     authorizing the individual to serve in that capacity; or
       ``(2) knowingly and willfully employs for service or uses 
     in any capacity as an airman an individual who does not have 
     an airman's certificate authorizing the individual to serve 
     in that capacity.
       ``(c) Controlled Substance Criminal Penalty.--(1) In this 
     subsection, the term `controlled substance' has the same 
     meaning given that term in section 102 of the Comprehensive 
     Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
     802).
       ``(2) An individual violating subsection (b) shall be fined 
     under title 18, imprisoned for not more than 5 years, or 
     both, if the violation is related to transporting a 
     controlled substance by aircraft or aiding or facilitating a 
     controlled substance violation and that transporting, aiding, 
     or facilitating--
       ``(A) is punishable by death or imprisonment of more than 1 
     year under a Federal or State law; or
       ``(B) is related to an act punishable by death or 
     imprisonment for more than 1 year under a Federal or State 
     law related to a controlled substance (except a law related 
     to simple possession (as that term is used in section 
     46306(c)) of a controlled substance).
       ``(3) A term of imprisonment imposed under paragraph (2) 
     shall be served in addition to, and not concurrently with, 
     any other term of imprisonment imposed on the individual 
     subject to the imprisonment.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 463 of title 49, United States Code, is 
     amended by adding at the end the following:

     ``46317. Criminal penalty for pilots operating in air 
     transportation without an airman's certificate.''.
                                 ______
                                 

                  ROBB (AND OTHERS) AMENDMENT NO. 3634

  Mr. ROBB (for himself, Ms. Collins, Mr. Gregg, Mr. Smith of New 
Hampshire, and Mr. Graham) proposed an amendment to the bill, S. 2279, 
supra; as follows:

       On page 41, line 22, strike the ``and''.
       On page 41, line 23, strike the period and insert ``;''.
       On page 41, line 24, insert the following:
       ``(3) not reduce travel options for communities served by 
     small hub airports and medium hub airports within the 
     perimeter described in section 49109 of title 49, United 
     States Code; and
       ``(4) not result in meaningfully increased travel delays.''
                                 ______
                                 

                MOYNIHAN (AND OTHERS) AMENDMENT NO. 3635

  Mr. MOYNIHAN (for himself, Mr. Chafee, Mr. Kennedy, Mr. D'Amato, Mr. 
Kerry, and Mr. Lautenberg) proposed an amendment to the bill, S. 2279, 
supra; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5____. ALLOCATION OF TRUST FUND FUNDING.

        (a) Definitions.--In this section:
       (1) Airport and airway trust fund.--The term ``Airport and 
     Airway Trust Fund'' means the trust fund established under 
     section 9502 of the Internal Revenue Code of 1986.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (3) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (4) State dollar contribution to the airport and airway 
     trust fund.--The term ``State dollar contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the amount of

[[Page S10935]]

     funds equal to the amounts transferred to the Airport and 
     Airway Trust Fund under section 9502 of the Internal Revenue 
     Code of 1986 that are equivalent to the taxes described in 
     section 9502(b) of the Internal Revenue Code of 1986 that are 
     collected in that State.
       (b) Reporting.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of the Treasury shall report to the Secretary the amount 
     equal to the amount of taxes collected in each State during 
     the preceding fiscal year that were transferred to the 
     Airport and Airway Trust Fund.
       (2) Report by secretary.--Not later than 90 days after the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary shall prepare and submit to Congress a report that 
     provides, for each State, for the preceding fiscal year--
       (A) the State dollar contribution to the Airport and Airway 
     Trust Fund; and
       (B) the amount of funds (from funds made available under 
     section 48103 of title 49, United States Code) that were made 
     available to the State (including any political subdivision 
     thereof) under chapter 471 of title 49, United States Code.
                                 ______
                                 

                 DORGAN (AND OTHERS) AMENDMENT NO. 3636

  Mr. DORGAN (for himself, Ms. Snowe, and Mr. Wellstone) proposed an 
amendment to the bill, S. 2279, supra; as follows:

       At the appropriate place insert the following new section--

     SEC.   . NON-DISCRIMINATORY INTERLINE INTERCONNECTION 
                   REQUIREMENTS.

       (a) In General.--Subchapter I of chapter 417 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(a) Non-discriminatory requirements.--If a major air 
     carrier that provides air service to an essential airport 
     facility has any agreement involving ticketing, baggage and 
     ground handling, and terminal and gate access with another 
     carrier, it shall provide the same services to any requesting 
     air carrier that offers service to a community selected for 
     participation in the program under section 41743 under 
     similar terms and conditions and on a non-discriminatory 
     basis with 30 days after receiving the request, as long as 
     the requesting air carrier meets such safety, service, 
     financial, and maintenance requirements, if any, as the 
     Secretary may by regulation establish consistent with public 
     convenience and necessity. The Secretary must review any 
     proposed agreement to determine if the requesting carrier 
     meets operational requirements consistent with the rules, 
     procedures, and policies of the major carrier. This agreement 
     may be terminated by either party in the event of failure to 
     meet the standards and conditions outlined in the agreement.
       (b) Definitins--In this section:
       ``(1) Essential airport facility.--The term `essential 
     airport facility' means a large hub airport (as defined in 
     section 41731(a)(3)) in the contiguous 48 states in which one 
     carrier has more than 50 percent of such airport's total 
     annual enplanements.''
       (c) Clerical Amendment.--The chapter analysis for chapter 
     417 of title 49, United States Code, is amended by inserting 
     after the item relating to section 41715 the following:

``41716. Interline agreements for domestic transportation.''.

       Between lines 13 and 14 on page 151, insert the following--
       ``(d) Additional Action.--Under the pilot program 
     established pursuant to subsection (a), the Secretary shall 
     work with air carriers providing service to participating 
     communities and major air carriers serving large hub airports 
     (as defined in section 41731(a)(3)) to facilitate joint fare 
     arrangements consistent with normal industry practice.''
                                 ______
                                 

            SARBANES (AND OTHERS) AMENDMENTS NOS. 3637-3639

  Mr. SARBANES (for himself, Ms. Mikulski, Mr. Warner, and Mr. Robb) 
proposed three amendments to the bill, S. 2279, supra; as follows:

                           Amendment No. 3637

       Strike section 607(c), as included in the manager's 
     amendment, and insert the following:
       (c) MWAA Noise-Related Grant Assurances.--
       (1) In general.--In addition to any condition for approval 
     of an airport development project that is the subject of a 
     grant application submitted to the Secretary of 
     Transportation under chapter 471 of title 49, United States 
     Code, by the Metropolitan Washington Airports Authority, the 
     Authority shall be required to submit a written assurance 
     that, for each such grant made to the Authority for fiscal 
     year 1999 or any subsequent fiscal year--
       (A) the Authority will make available for that fiscal year 
     funds for noise compatibility planning and programs that are 
     eligible to receive funding under chapter 471 of title 49, 
     United States Code, in an amount not less than 10 percent of 
     the aggregate annual amount of financial assistance provided 
     to the Authority by the Secretary as grants under chapter 471 
     of title 49, United States Code; and
       (B) the Authority will not divert funds from a high 
     priority safety project in order to make funds available for 
     noise compatibility planning and programs.
       (2) Waiver.--The Secretary of Transportation may waive the 
     requirements of paragraph (1) for any fiscal year for which 
     the Secretary determines that the Metropolitan Washington 
     Airports Authority is in full compliance with applicable 
     airport noise compatibility planning and program requirements 
     under part 150 of title 14, Code of Federal Regulations.
       (3) Sunset.--This subsection shall cease to be in effect 5 
     years after the date of enactment of this Act, if on that 
     date the Secretary of Transportation certifies that the 
     Metropolitan Washington Airports Authority has achieved full 
     compliance with applicable noise compatibility planning and 
     program requirements under part 150 of title 14, Code of 
     Federal Regulations.
                                  ____


                           Amendment No. 3638

       In section 607(a)(2), as included the manager's amendment, 
     in section 41716(c) of title 49, United States Code, as added 
     by that section, strike paragraph (2) and insert the 
     following:
       ``(2) General exemptions.--The exemptions granted under 
     subsections (a) and (b) may not increase the number of 
     operations at Ronald Reagan Washington National Airport in 
     any 1-hour period during the hours between 7:00 a.m. and 9:59 
     p.m. by more than 2 operations.''.
                                  ____


                           Amendment No. 3639

       Strike the first subsection designated as subsection (d) in 
     section 607, as included in the manager's amendment, and 
     insert the following:
       (d) Noise Compatibility Planning and Programs.--Section 
     47117(e) is amended by adding at the end the following:
       ``(3) Subject to section 47114(c), to promote the timely 
     development of the forecast of cumulative noise exposure and 
     to ensure a coordinated approach to noise monitoring and 
     mitigation in the region of Washington, D.C., and Baltimore, 
     Maryland, the Secretary shall give priority to any grant 
     application made by the Metropolitan Washington Airports 
     Authority or the State of Maryland for financial assistance 
     from funds made available for noise compatibility planning 
     and programs.''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3640

  Mr. McCAIN proposed an amendment to amendment No. 3639 proposed by 
Mr. Sarbanes to the bill, S. 2279, supra; as follows:

       On page 2, strike through line 10 and insert the following:
       ``(3) The Secretary shall give priority in making grants 
     under paragraph (1)(A) to applications for airport noise 
     compatibility planning and programs at and around airports 
     where operations increase under title VI of the Wendell H. 
     Ford National Air Transportation System Improvement Act of 
     1998 and the amendments made by that title.''.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 3641

  Mr. McCAIN (for Mr. Bingaman for himself and Mr. Domenici) proposed 
an amendment to the bill, S. 2279, supra; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5    . TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA 
                   DEMONSTRATION PROJECT.

       (a) In General.--Within 18 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall work with the Taos Pueblo to 
     study the feasibility of conducting a demonstration project 
     to require all aircraft that fly over Taos Pueblo and the 
     Blue Lake Wilderness Area of Taos Pueblo, New Mexico, to 
     maintain a mandatory minimum altitude of at least 5,000 feet 
     above ground level.
                                 ______
                                 

                        REED AMENDMENT NO. 3642

  Mr. McCAIN (for Mr. Reed) proposed an amendment to the bill, S. 2279, 
supra; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5    . AIRLINE MARKETING DISCLOSURE.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carriers'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (2) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (b) Final Regulations.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall promulgate final regulations to provide 
     for improved oral and written disclosure to each consumer of 
     air transportation concerning the corporate name of the air 
     carrier that provides the air transportation purchased by 
     that consumer in issuing the regulations issued under this 
     subsection the Secretary shall take into account the proposed 
     regulations issued by the Secretary on January 17, 1995, 
     published at 60 Red. Reg. 3359.

[[Page S10936]]

                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3643

  Mr. WARNER (for himself, Mr. Sarbanes, Mr. Robb, and Ms. Mikulski) 
proposed an amendment to the bill, S. 2279, supra; as follows:

       On page 47 of the manager's amendment, between lines 6 and 
     7, insert the following:

  Sec. 607. (g) Prohibition.--Notwithstanding any other provisions of 
 this Act, unless all of the members of the Board of the Metropolitan 
Washington Airports Authority established under section 49106 of title 
    49, United States Code, have been appointed to the Board under 
subsection (c) of that section and this is no vacancy on the Board, the 
  Secretary may not grant exemptions provided under section 41716 of 
                     title 49, United States Code.

                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3644

  Mr. WARNER (for himself, Mr. Sarbanes, Ms. Mikulski, and Mr. Robb) 
proposed an amendment to the bill, S. 2279, supra; as follows:

       On page 43 of the manager's amendment beginning with line 
     21, strike through line 5 on page 44 and insert the 
     following:
       (D) Assessment of Safety, Noise and Environmental 
     Impacts.--The Secretary shall assess the impact of granting 
     exemptions, including the impacts of the additional slots and 
     flights at Ronald Reagan Washington National Airport provided 
     under subsections (a) and (b) on safety, noise levels and the 
     environment within 90 days of the date of the enactment of 
     this Act. The environmental assessment shall be carried out 
     in accordance with parts 1500-1508 of title 40, Code of 
     Federal Regulations. Such environmental assessment shall 
     include a public meeting.
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 3645

  Mr. SPECTER (for himself, Mr. Santorum, and Mr. Lott) proposed an 
amendment to the bill, S. 2279, supra; as follows:

     SEC.   . COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

       (a) In General.--Section 2 of the Death on the High Seas 
     Act (46 U.S.C. App. 762) is amended by--
       (1) inserting ``(a) In General.--'' before ``The 
     recovery''; and
       (2) adding at the end thereof the following:
       ``(b) Commercial Aviation.--
       ``(1) In general.--If the death was caused during 
     commercial aviation, additional compensation for non-
     pecuniary damages for wrongful death of a decedent is 
     recoverable in a total amount, for all beneficiaries of that 
     decedent, that shall not exceed the greater of the pecuniary 
     loss sustained or a sum total of $750,000 from all defendants 
     for all claims. Punitive damages are not recoverable.
       ``(2) Inflation adjustment.--The $750,000 amount shall be 
     adjusted, beginning in calendar year 2000 by the increase, if 
     any, in the Consumer Price Index for all urban consumers for 
     the prior year over the Consumer Price Index for all urban 
     consumers for the calendar year 1998.
       ``(3) Non-pecuniary damages.--For purposes of this 
     subsection, the term `non-pecuniary damages' means damages 
     for loss of care, comfort, and companionship.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to any death caused during commercial aviation 
     occurring after July 16, 1996.
                                 ______
                                 

                  McCAIN (AND FORD) AMENDMENT NO. 3646

  Mr. McCAIN (for himself and Mr. Ford) proposed an amendment to the 
bill, S. 2279, supra; as follows:

       On page 18 of the managers' amendment, line 17, strike 
     ``11(4)'' and insert ``(4)''.
       On page 34 of the managers' amendment, line 6, insert 
     ``directly'' after ``person''.
       On page 34, beginning in line 10, strike ``aircraft 
     registration numbers of any aircraft; and'' and insert ``the 
     display of any aircraft-situation-display-to-industry derived 
     data related to any identified aircraft registration number; 
     and''.
       On page 34 of the managers' amendment, beginning in line 
     14, strike ``that owner or operator's request within 30 days 
     after receiving the request.'' and insert ``the 
     Administration's request.''
       On page 34 of the managers' amendment, strike lines 16 
     through 21.
       On page 34 of the managers' amendment, line 22, strike 
     ``(c)'' and insert ``(b)''.
       On page 36 of the managers' amendment, strike lines 16 and 
     17 and insert the following:
       ``(1) An airport with fewer than 2,000,000 annual 
     enplanements; and
       On page 39 of the managers' amendment, beginning in line 4, 
     strike ``shall, in conjunction with subsection (f),'' and 
     insert ``shall''.
       On page 40 of the managers' amendment, strike lines 1 
     through 8 and insert the following:
       ``(i) Regional Jet Defined.--In this section, the term 
     `regional jet' means a passenger, turbofan-powered aircraft 
     carrying not fewer than 30 and not more than 50 
     passengers.''.
       On page 41 of the managers' amendment, beginning in line 9, 
     strike ``In addition to any exemption granted under section 
     41714(d), the'' and insert ``The''.
       On page 41 of the managers' amendment, beginning in line 
     24, strike ``In addition to any exemption granted under 
     section 41714(d) or subsection (a) of this section, the'' and 
     insert ``The''.
       On page 42 of the managers' amendment, beginning in line 5, 
     strike ``smaller than large hub airports (as defined in 
     section 47134(d)(2))'' and insert ``with fewer than 2,000,000 
     annual enplanements''.
       On page 42 of the managers' amendment, line 10, strike 
     ``airports other than large hubs'' and insert ``such 
     airports''.
       On page 46, line 18, strike ``(d)'' and insert ``(f)''.
       On page 46, line 24, after ``and the'' insert 
     ``metropolitan planning organization for''.
       On page 47, line 1, strike ``Council of Governments''.
       On page 35 of the managers' amendment, between lines 2 and 
     3, insert the following:

     SEC. 529. CERTAIN ATC TOWERS.

       Notwithstanding any other provision of law, regulation, 
     intergovernmental circular advisories or other process, or 
     any judicial proceeding or ruling to the contrary, the 
     Federal Aviation Administration shall use such funds as 
     necessary to contract for the operation of air traffic 
     control towers, located in Salisbury, Maryland; Bozeman, 
     Montana; and Boca Raton, Florida, provided that the Federal 
     Aviation Administration has made a prior determination of 
     eligibility for such towers to be included in the contract 
     tower program.
       On page 114, insert:

     SEC. 530. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT

       (a) In General.--Section 2 of the Death on the High Seas 
     Act (46 U.S.C. App. 762) is amended by--
       (1) inserting ``(a) In General.--'' before ``The 
     recovery''; and
       (2) adding at the end thereof the following:
       ``(b) Commercial Aviation.--
       ``(1) In general.--If the death was caused during 
     commercial aviation, additional compensation for non-
     pecuniary damages for wrongful death of a decedent is 
     recoverable in a total amount, for all beneficiaries of that 
     decedent, that shall not exceed the greater of the pecuniary 
     loss sustained or a sum total of $750,000 from all defendants 
     for all claims. Punitive damages are not recoverable.
       ``(2) Inflation adjustment.--The $750,000 amount shall be 
     adjusted, beginning in calendar year 2000 by the increase, if 
     any, in the Consumer Price Index for all urban consumers for 
     the prior year over the Consumer Price Index for all urban 
     consumers for the calendar year 1998.
       ``(3) Non-pecuniary damages.--For purposes of this 
     subsection, the term `non-pecuniary damages' means damages 
     for loss of care, comfort, and companionship.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to any death caused during commercial aviation 
     occurring after July 16, 1996.

     

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