[House Report 105-639]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-639
_______________________________________________________________________


 
        AIRPORT IMPROVEMENT PROGRAM REAUTHORIZATION ACT OF 1998

                                _______
                                

 July 20, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4057]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Transportation and Infrastructure, to 
whom was referred the bill (H.R. 4057) to amend title 49, 
United States Code, to reauthorize programs of the Federal 
Aviation Administration, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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. 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 otherprovision 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; and
                  ``(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
          (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''; and
          (2) by adding at the end the following:
  ``(g) 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, in accordance with an applicable runway incursion 
        prevention plan.''.
          (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 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 in the State of Virginia 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 ``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 
movement and the International Paralympic movement by hosting 
international quadrennial Olympic and Paralympic 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 
        Sates and has current gate capacity to handle the demands of 
        the public charter operation.
  (c) Public Charter Defined.--In this section, the term `public 
charter' means charter air transportation for which the general public 
is provided in advance a schedule containing the departure location, 
departure time, and arrival location of the flights.

SEC. 117. PERIOD OF APPLICABILITY OF AMENDMENTS.

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

SEC. 118. TECHNICAL AMENDMENTS.

  (a) Discretionary Fund Definition.--
          (1) Amounts in fund and availability.--Section 47115 is 
        amended--
                  (A) in subsection (a)(2) by striking ``25'' and 
                inserting ``12.5''; and
                  (B) by striking the second sentence of subsection 
                (b).
          (2) Small airport fund.--Section 47116 is amended--
                  (A) in subsection (a) by striking ``75'' and 
                inserting ``87.5''; and
                  (B) in subsection (b) by striking paragraphs (1) and 
                (2) and inserting the following:
          ``(1) \1/7\ for grants for projects at small hub airports (as 
        defined in section 41731 of this title).
          ``(2) The remaining amounts as follows:
                  ``(A) \1/3\ for grants to sponsors of public-use 
                airports (except commercial service airports).
                  ``(B) \2/3\ for grants to sponsors of each commercial 
                service airport that each year has less than .05 
                percent of the total boardings in the United States in 
                that year.''.
  (b) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
  ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a nonprimary airport at a time when a 
terminal development project under a multiyear agreement under 
subsection (a) is not yet completed, the project shall remain eligible 
for funding from discretionary funds under section 47115 at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.

                    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 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 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, 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 theCommission on the 
date of the termination of the Commission shall become the property of 
the General Services Administration upon the date of termination.
  (d) Requests for Official Information.--The Commission may request 
from any Federal department or agency information necessary to enable 
the Commission to carry out this title. The head of the Federal 
department or agency shall furnish the information to the Commission 
unless the release of the information by the department or agency to 
the public is prohibited by law.
  (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as any other Federal agency.
  (f) Applicability of Certain Laws.--Except as otherwise expressly 
provided by this title, laws relating to the general operation and 
management of Federal agencies shall apply to the Commission only to 
the extent such laws apply to the Smithsonian Institution.

SEC. 707. STAFF AND SUPPORT SERVICES.

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

SEC. 708. CONTRIBUTIONS.

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

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

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

SEC. 710. REPORTS.

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

SEC. 711. AUDIT OF FINANCIAL TRANSACTIONS.

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

SEC. 712. ADVISORY BOARD.

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

SEC. 713. DEFINITIONS.

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

SEC. 714. TERMINATION.

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

SEC. 715. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

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

SEC. 802. DUTIES AND POWERS OF ADMINISTRATOR.

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

SEC. 803. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

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

SEC. 804. MULTIYEAR PROCUREMENT CONTRACTS.

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

SEC. 805. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

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

SEC. 806. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

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

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

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

SEC. 808. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

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

SEC. 809. GOVERNMENT AND INDUSTRY CONSORTIA.

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

SEC. 810. PASSENGER MANIFEST.

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

SEC. 811. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

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

SEC. 812. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

SEC. 813. ENHANCED VISION TECHNOLOGIES.

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

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

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

SEC. 815. TYPOGRAPHICAL ERRORS.

  (a) In Title 49.--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 VALIDATION OF FAA COSTS AND ALLOCATIONS.

  (a) Independent Assessment.--
          (1) Initiation.--Not later than 90 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation shall initiate the analyses described in 
        paragraph (2). In conducting the analyses, the Inspector 
        General shall ensure that the analyses are carried out by 1 or 
        more entities that are independent of the Federal Aviation 
        Administration. Except as provided by paragraph (2)(A)(iv), the 
        Inspector General may use the staff and resources of the 
        Inspector General or may contract with independent entities to 
        conduct the analyses.
          (2) Assessment of adequacy and accuracy of faa cost data and 
        attributions.--To ensure that the method for calculating 
        overall costs of the Federal Aviation Administration and 
        attributing such costs to specific users is appropriate, 
        reasonable, and understandable to the users, the Inspector 
        General shall conduct an assessment that includes the 
        following:
                  (A)(i) Validation of Federal Aviation Administration 
                cost input data, including an audit of the reliability 
                of Federal Aviation Administration source documents and 
                the integrity and reliability of the Federal Aviation 
                Administration's data collection process.
                  (ii) An assessment of the reliability of the Federal 
                Aviation Administration's system for tracking assets.
                  (iii) An assessment of the reasonableness of the 
                Federal Aviation Administration's bases for 
                establishing asset values and depreciation rates.
                  (iv) An audit of the Federal Aviation 
                Administration's system of internal controls for 
                ensuring the consistency and reliability of reported 
                data.
                  (B) A review and validation (including the 
                opportunity for public and user comments) of the 
                Federal Aviation Administration's definition of the 
                services to which the Federal Aviation Administration 
                ultimately attributes its costs.
                  (C) An assessment and validation of the cost pools 
                used by the Federal Aviation Administration, including 
                the rationale for and reliability of the bases on which 
                the Federal Aviation Administration proposes to 
                allocate costs of services to users and the integrity 
                of the cost pools as well as any other factors 
                considered important by the Inspector General. 
                Appropriate statistical tests shall be performed 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) For 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), 
                the Inspector General shall contract with an entity 
                that is independent of the Federal Aviation 
                Administration to apply and show the results from at 
                least 3 generally accepted methodologies for allocating 
                such costs.
          (3) Cost effectiveness.--To assist the Administrator, 
        Congress, and users in evaluating and improving the cost 
        effectiveness of the Federal Aviation Administration in 
        providing and delivering its services to the public, the 
        Inspector General shall contract with an entity independent of 
        the Federal Aviation Administration to assess or benchmark the 
        Federal Aviation Administration's efficiency and effectiveness 
        based on certain internal and external comparisons. The 
        assessment shall include the following:
                  (A) Internal benchmarking studies.--Detailed, 
                activity-based studies of work process throughout the 
                Federal Aviation Administration to assess the most 
                efficient and effective units, to identify the reasons 
                for superior performance or ``best practices'', and to 
                consider how such practices can be used by other units 
                of the Federal Aviation Administration to improve their 
                performance and efficiency.
                  (B) External benchmarking studies.--An evaluation of 
                the efficiency of the Federal Aviation Administration 
                in comparison to at least 3 otherproviders of air 
traffic control services in terms of their efficiency and effectiveness 
in the key activities and functions required to provide air traffic 
control services. The Inspector General shall identify the activities 
and functions to be included in such analysis. There shall also be 
conducted an assessment of the cost effectiveness of the Federal 
Aviation Administration in the procurement and management of critical 
functions and activities, including telecommunications, real estate, 
maintenance, and other areas to be specified by the Inspector General 
based on comparisons of how these functions are handled by other large, 
complex organizations in the public and private sectors.
  (b) Deadline.--The independent analyses described in this section 
shall be completed not later than 270 days after the contracts are 
awarded to the outside independent contractors. The Inspector General 
shall submit a final report combining the analyses done by its staff 
with those of the outside independent contractors to the Secretary of 
Transportation, the Administrator, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives. The final report 
shall be submitted by the Inspector General not later than 300 days 
after the award of contracts. Until the final report is completed and 
submitted, the Federal Aviation Administration shall not implement a 
user fee structure, except for the overflight fees authorized by 
section 45301 of title 49, United States Code.

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.

                              Introduction

    Programs providing federal aid to airports began in 1946 
and have been modified several times. The Aviation Trust Fund 
was created in 1970. The current Airport Improvement Program 
(AIP) began in 1982.
    AIP is funded entirely by the Airport & Airway Trust Fund. 
The Trust Fund, in turn, is supported entirely by the following 
taxes on aviation users:
          9% passenger ticket tax (decreasing to 7.5% by 2000);
          $1 passenger flight segment fee (increasing to $3 by 
        2002)
          6.25% freight waybill tax;
          $12 international departure and arrival taxes;
          Frequent flyer award tax; and
          Aviation fuel taxes as follows:
                  4.3 cents on commercial aviation;
                  19.3 cents on general aviation gasoline; and
                  21.8 cents on general aviation jet fuel.
For rural airports (those with less than 100,000 passengers) 
the passenger ticket tax is 7.5% and there is no passenger 
flight segment fee.
    According to the FAA, these taxes are expected to raise 
more than $10 billion in fiscal year 1999 in the following 
amounts:
          $5.9 billion from the passenger ticket taxes;
          $1.3 billion from the passenger flight segment fee;
          $532 million from the freight waybill tax;
          $955 million from the various aviation fuel taxes;
          $1.2 billion from the international departure and 
        arrival taxes; and
          $138 million from frequent flyer award tax.
    The Aviation Trust Fund continues to earn interest on its 
cash balance which will be $9.2 billion at the beginning of 
fiscal year 1999. Interest revenue in 1999 is expected to be 
about $595 million.
    In addition to AIP, the Trust Fund also fully funds the 
Federal Aviation Administration's air traffic control 
facilities & equipment (F&E) modernization program and its 
aviation research program. The Fund partially pays for the 
salaries, expenses, and operations of the FAA. In 1998, these 
programs will receive the following amounts from the Trust 
Fund:
          Airport Improvement Program--$1.7 billion.
          Facilities and Equipment--$1.875 billion.
          Research and Development--$199 million.
          FAA Operations--$1.9 billion from the Trust Fund (of 
        the $5.3 billion ----appropriated for FAA operations).
    Total obligations from the Trust Fund will therefore be 
about $5.7 billion. This represents 100% of FAA's capital 
budget, 36% of FAA's operating budget, and about 63% of FAA's 
total budget of $9.1 billion.
    As should be obvious, the more than $10 billion that the 
Trust Fund is expected to take in greatly exceeds the $5.7 
billion that it is paying out. If this trend continues, the 
uncommitted balance in the Trust Fund will balloon to almost 
$48 billion in 10 years. The Congressional Budget Office 
projects even higher balances.
    The following spread sheet shows how the Trust Fund balance 
increases over the next 10 years.





    The Committee remains very concerned that users are paying 
increasing levels of taxes into the Trust Fund but that 
available money is not being used for the needed upgrades and 
expansion of our airport and air traffic control 
infrastructure. The Committee is committed to fixing this 
problem next year.
    Total AIP spending has begun to trend upward recently after 
several years of decline. In 1982, $450 million was authorized 
and appropriated for AIP. AIP spending peaked at $1.9 billion 
in 1992. For 1998, $2.347 billion was authorized as contract 
authority but the obligation ceiling in the Appropriations Act 
limited AIP spending to $1.7 billion. Nevertheless, this was an 
increase from the $1.46 billion that was permitted in 1997. The 
Administration has requested $1.7 billion again for 1999.
    There are more than 18,000 airports in the U.S. but only 
3,304 are eligible for Federal funding under the Airport 
Improvement Program (AIP).
    Unlike some of the Committee's other programs, the AIP has 
not traditionally included special earmarks. Instead, the money 
is distributed by formulas that are set forth in the law. These 
formulas are described below.
    The law divides AIP money into two broad categories. They 
are entitlement funds and discretionary funds. Entitlement 
funds are further divided into four sub-categories. They are--
          Primary airport entitlements;
          Cargo airport entitlements;
          State entitlements; and
          Alaskan airport entitlements.
    If a public airport has commercial air service with at 
least 10,000 passenger boardings per year, it is considered a 
primary airport. These airports are entitled to receive AIP 
money each year in accordance with the following formula:
          $7.80 for each of the first 50,000 passengers 
        boarded;
          $5.20 for each of the next 50,000 passengers boarded 
        there;
          $2.60 for each of the next 400,000 passengers 
        boarded; and
          50 cents for each additional passenger boarded.
    Regardless of the number of passengers boarded, the minimum 
entitlement is $500,000 per year and no primary airport is 
entitled to more than $22 million per year. Large and medium 
hub airports that choose to collect a passenger facility charge 
(PFC) receive only half their entitlement.
    To receive the money, an airport must have a project, such 
as a runway, terminal, or noise abatement project, that is 
eligible for AIP funding under the law. A hub airport can 
retain the right to receive its entitlement money for 2 years 
and a non-hub can keep it for 3 years. Entitlement money 
deferred to a later year is referred to as carryover 
entitlements.
    Cargo service airports are airports that are served by 
cargo-only (freighter) aircraft which all together weigh more 
than 100 million tons and other airports that DOT finds will be 
served primarily by freighter aircraft. These airports are 
entitled to share in a pot of money that equals 2.5% of total 
AIP funds. A cargo service airport shares in this pot in the 
proportion to which the total weight of cargo-only aircraft 
landing there is to the total weight of such aircraft at all 
other airports. No airport may receive more than 8% of this 
2.5%.
    The States, territories, and possessions share in a pot of 
money that is equal to 18.5% of total AIP funds. Each State's 
share of this pot is based on a formula that takes into account 
the population and land area of the State. Money from this 
entitlement goes to general aviation airports (airports used by 
private planes) and to airports with less than 10,000 
passengers per year.
    General aviation airports that are seeking AIP money from 
this entitlement usually apply directly to the FAA. Some States 
require their airports to channel their AIP applications 
through the State aviation agency. The FAA then decides which 
airports will get the money. Nine States (Illinois, Michigan, 
Missouri, New Jersey, North Carolina, Pennsylvania, Tennessee, 
Texas, and Wisconsin) participate in the State Block Grant 
program. Under this program, the FAA gives the State aviation 
agency responsibility to manage its AIP allocation and the 
State, not the FAA, decides which general aviation airports 
will receive it.
    By law, Alaskan airports are entitled to receive at least 
the same amount of money that they received in 1980. This year, 
they will receive about $10.5 million. The $10.5 million is in 
addition to whatever those airports will receive under the 
above entitlements.
    Any money left over after the above entitlements are funded 
can be spent by the FAA at it's own discretion. However, this 
discretionary fund is subject to two set-asides.
    Current law sets aside 31% of this discretionary fund for 
noise projects. These could include such things as buying 
property for a noise buffer or sound-proofing buildings.
    Under the military airport program, FAA selects 12 current 
or former military airports to share in a set-aside which is 
equal to 4% of the discretionary fund. The purpose of this 
program is to increase overall system capacity by promoting 
joint civilian-military use of military airports or by 
converting former military airports to civilian use.
    After the entitlements and set-asides are funded, the 
remaining money can be spent as the FAA sees fit. This is often 
referred to as pure discretionary AIP money. Even here, 
however, there are restrictions. The law requires that 75% of 
this discretionary money be spent on airport projects that will 
enhance capacity, safety, or security, or reduce noise.
    Until recently, total AIP funding had been declining. At 
the same time, FAA had been issuing letters of intent (LOIs) to 
several airports. An LOI is a commitment to pay a certain 
amount of AIP money to an airport over a specified number of 
years in order to fund an important project. These commitments 
are predominantly funded from the discretionary portion of AIP.
    In the past, as the overall AIP program declined, much of 
the money was allocated to the entitlements and set-asides. 
This left little discretionary money and prompted concerns that 
the FAA would be unable to meet its LOI commitments or fund 
other important projects from the discretionary fund.
    As a result, the law imposes a floor on the discretionary 
fund of $148 million per year plus the amount needed to fund 
outstanding letters of intent issued before January 1, 1996. If 
the above-described entitlement and set-aside formulas would 
not leave at least that amount in the discretionary fund, all 
entitlements and set-asides must be cut by a proportionate 
amount. In the past, this has resulted in across-the-board cuts 
in entitlements and set asides of as much as 23% to ensure the 
required minimum discretionary fund.
    As a corollary to the minimum discretionary fund, the law 
sets a cap on the discretionary fund as well. This mandates 
that if total AIP funding is high enough so that the 
discretionary fund ended up being more than the statutory 
minimum, any amount in that fund above the minimum would be 
divided \1/3\ to general aviation airports, \1/3\ to military 
airports, and \1/3\ to noise abatement programs.-
    In 1998, total AIP money was high enough so that the 
discretionary fund's statutory minimum was exceeded. However, 
the Appropriations Act limited the additional money for 
military airports and noise abatement programs. However, it did 
allow an additional $29.9 million to be spent on general 
aviation airports.
    As a general rule, the Federal share of an AIP project cost 
is 90%. However, at medium and large hub airports (defined as 
airports that enplane .25% of the total annual enplanements in 
the U.S.) the Federal share is 75%. In the case of a project 
involving an airport terminal building, the Federal share is 
85% at non-hubs (defined as airports with .05% or less of the 
total annual enplanements in the U.S.) and 75% at hubs.
    In 1990, the Committee became concerned that the AIP 
program would not be able to meet the future infrastructure 
needs of U.S. airports. Consequently, the 1990 
AIPreauthorization law permitted an airport to assess a fee on 
passengers. This is known as the passenger facility charge (PFC). PFCs 
are collected by the airlines and paid directly to the airport without 
going through the Federal treasury. They are intended to supplement AIP 
by providing more money for runways, taxiways, terminals, gates, and 
other airport improvements.
    No airport may charge a PFC of more than $3 per passenger 
and no passenger has to pay more than $12 in PFCs per round-
trip regardless of the number of airports through which the 
passenger connects. No airport can charge a PFC until it is 
approved by FAA.
    At the beginning of this year, FAA had approved PFCs at 287 
airports and 268 were actually collecting money. The total 
approved collections are over $17 billion. Last year $1.15 
billion was collected and this year $1.22 billion is expected 
to be collected.
    If a medium or large hub airport charges a PFC, it must 
turn back up to 50% of its AIP entitlement. The foregone 
entitlements are distributed as follows:
          50% to non-hub airports;
          25% to general aviation airports;
          12.5% to small hub airports; and
          12.5% to the discretionary fund.
    From the standpoint of the type of project, according to 
the FAA, during the fiscal years between 1982 and 1996, the AIP 
money was spent as follows:
          52.76% for runways; taxiways; and aprons;
          11.2% on noise control projects;
          7.82% for land purchases;
          6.03% on safety and security;
          5.2% on buildings;
          4.78% on airport roads; and
          the remainder on miscellaneous projects such as 
        lighting and planning.
    From the standpoint of airport size, according to the 
General Accounting Office (GAO), in 1997, AIP money was 
distributed as follows:
          25% to the 2,764 general aviation airports;
          24% to the 29 large hub airports;
          17% to the 42 medium hub airports;
          16% to the 70 small hub airports; and
          19% to the 272 nonhub airports.
    The FAA data is similar except it shows that large hubs got 
25%, non-hubs got 20%, and general aviation airports got 21%. 
It should be noted that the reference to hubs here and 
elsewhere refers to the number of passengers at that airport, 
not to whether an airline uses the airport as a connecting 
complex.
    In the course of the 1996 reauthorization process, a 
dispute arose between the airports and the airlines over how 
much money the airports really needed. The airports claimed 
that they needed $10 billion per year. The airlines countered 
that airport needs were closer to $4 billion per year.
    In order to help resolve this discrepancy, the Committee 
asked GAO to examine the competing assessments of airport 
needs. GAO found that the difference was explained by the fact 
that (1) airports looked at the needs of all 3,300 airports 
eligible for Federal funding while airlines looked at the needs 
of only those 421 primary airports that they served and (2) 
airports counted both those projects that were eligible for AIP 
grants as well as those that were not while airlines counted 
only those projects that were eligible for AIP grants, thereby 
excluding many terminal, parking, and roadway projects.
    GAO did its own assessment of airport needs in which it 
provided a range of estimates depending on how those needs were 
defined. It found that airport needs were--
          $1.41 billion per year if one counts only those 
        projects needed to maintain the current infrastructure 
        and meet safety, security, and environmental needs;
          $2.78 billion per year if one adds high priority 
        projects such as those that would increase airport 
        capacity;
          $6.1 billion per year if one counts all projects that 
        were eligible for AIP funding; and
          $10.1 billion per year (the amount claimed by the 
        airports) if one counts all projects at airports 
        including those not eligible for AIP funding such as 
        some roads, terminal buildings, and parking lots.
    In addition to AIP, airports have other funding sources to 
meet their capital needs. According to GAO, AIP represents only 
about 20% of airport capital funding. The remainder comes from 
tax-exempt bonds (58%), PFCs (16%), state and local 
contributions (4%), and airport landing fees, airport leases, 
and airport concession revenue (2%). All together, AIP, PFCs, 
bonds, and the other funding sources provide the airports about 
$7 billion per year.
    Accordingly, if one accepts the airport estimate that they 
need $10 billion per year, there is about a $3 billion gap 
(30%) between airport needs and airport funding sources. 
However, the impact of this gap is not evenly distributed among 
the different sizes of airports. For example, according to 
GAO--
          Large hub airports have enough money to pay for all 
        their AIP eligible projects but they fall about $1.5 
        billion short (29% gap) in their ability to pay for all 
        their AIP ineligible projects;
          Medium hubs have enough money to fund all their 
        planned development;
          Small hubs do not even have enough money to fund all 
        their AIP eligible projects and suffer a funding gap of 
        just under $300 million (38% gap);
          Non-hub airports only have enough money to maintain 
        infrastructure, meet safety, security, and 
        environmental mandates, fund high priority projects, 
        and pay for a few other AIP eligible projects leaving 
        none for ineligible projects and a funding gap of about 
        $250 million (44% gap); and
          General aviation airports can pay for about half of 
        their AIP eligible projects and none of their 
        ineligible ones and suffer a funding gap of about $860 
        million (53% gap).
    As can be seen, the funding shortfall tends to be greater 
in dollar terms at the larger airports but greater in 
percentage terms at the smaller airports. Also the larger 
airports are usually able to pay for their AIP eligible 
projects while the smaller ones often are not. The AIP eligible 
projects tend to be the important airside items such as 
runways, taxiways, and noise abatement. Airports usually pay 
for ineligible projects with bonds, local grants or internally-
generated funds to the extent available.
    The most significant controversy in this reauthorization 
involves the PFC. It is currently capped at $3 per passenger 
per airport. Airports want to increase it and airlines oppose 
the increase.
    Airports cited the increase in passenger traffic and the 
loss of purchasing power as a result of inflation as justifying 
an increase in the PFC. According to the FAA, total U.S. 
passenger traffic has grown from 486 million in 1991 to 639 
million in 1997 and is expected to grow to 995 million in 2008. 
Airports also cited the $3 billion funding gap described above 
as justifying an increase.
    Airlines, as noted above, questioned the existence of a 
funding gap and claimed that any increased need can be met by 
raising airline landing fees and lease payments. They said they 
would agree to such higher payments for important safety, 
security, or capacity-enhancing airport projects. However, 
airlines claimed that most of the PFC money goes to ``lower 
priority'' projects such as roads and terminal buildings. 
According to the FAA, in 1996, the $1.1 billion in PFC funds 
were authorized, as follows:
          35% for airside projects such as runways, taxiways 
        and safety related projects;
          30% for landside projects, primarily terminal 
        buildings;
          17% to pay interest on bonds;
          11% for noise abatement projects; and
          6% for roads.
    The Committee generally is supportive of the PFC. However, 
it has decided not to increase it at this time because the 
Committee wants to take a comprehensive, ratherthan piecemeal, 
look at all aviation financing issues next year. This issue will be 
revisited next year in the context of the Committee's effort to unlock 
the Trust Fund.

                    Airport and Airway Improvements

    Authorized funding levels. The reported bill reauthorizes 
AIP, F&E, and FAA operations for one year. Although longer 
authorizations are more typical, a short-term reauthorization 
is needed in this case so that the Committee will have an 
opportunity to fix the Trust Fund problem described above. 
Authorized levels in the reported bill are as follows:
          $2.347 billion for the Airport Improvement Program
          $2.131 billion for Facilities and Equipment
          $5.6 billion for FAA operations of which the portion 
        from the Trust Fund is determined by the formula in 49 
        U.S.C. 48104(c).
    The reported bill also includes specific authorizations for 
universal access security systems at airports, wildlife hazard 
mitigation measures, an office dedicated to infrastructure 
development for both general and helicopter aviation, and the 
development of air traffic control infrastructure for the new 
tilt-rotor aircraft. Specific authorizations are included for 
these items to demonstrate the Committee's interest in these 
issues. They are discussed further below.
    Universal access systems (UAS). Two million dollars was 
appropriated in 1993 for the development of a Universal Access 
System ``to cover the initial costs for implementing a 
standardized [airport access control] computer-based system.'' 
The impetus for this expenditure came as a result of increased 
security requirements and problems associated with 
implementation of airport automated access control under Part 
107.14 of FAA rules. One of these problems, identified in a 
1995 GAO report, is that of ensuring that future access control 
system installations are standardized to realize greater 
efficiency. FAA initially estimated that access control system 
costs would total $211 million from 1989-1998. The industry, 
utilizing AIP and other funds, actually spent about $654 
million, more than three times the FAA's estimate.
    Another problem pertains to transient airline employees, 
such as flight crews, who are not issued access control cards 
at each airport to which they travel, thereby necessitating 
that they either go through screening or utilize other methods 
of reaching secured areas to which they have authorization.
    A joint industry task force was created under the guidance 
of the Aviation Security Advisory Committee (ASAC) to develop 
and test a UAS prototype at three airports with three 
participant air carriers. The test was successfully conducted 
in 1996. UAS technical documents have been approved by the FAA, 
which is publishing them for use by the aviation industry.
    In order to create the standardized access control system 
that is needed, the reported bill authorizes $8 million for the 
purchase, set up, operation and maintenance costs associated 
with the UAS Central Data Base, plus installation of the 
necessary equipment at large airports, including UAS portals 
for employees at each airport, performance of necessary 
engineering work and providing software upgrades.
    Wildlife hazard mitigation. Since 1995, 74 people have been 
killed in collisions worldwide between aircraft and birds and 
four larger aircraft have been destroyed. One of these 
accidents resulted from a USAF AWACs E-3 (modified B707) 
striking a flock of geese in Elmendorf Air Force Base in Alaska 
in September 1995 which resulted in the loss of 24 lives. By 
the FAA's estimate, over $250 million a year is lost to U.S. 
aviation due to conflicts with wildlife.
    Resident/non-migratory goose populations tripled from 1985-
1995. Goose collisions with aircraft have doubled since 1990. 
From 1992-1996, commercial aviation accounted for 75% of the 
1,727 strikes. Experts have determined that there is a 25% 
chance of a hull loss by the year 2006 due to a bird strike.
    Federal Aviation Regulations require certificated airports 
to conduct ecological studies when air carriers experience 
multiple bird strikes, have damaging collisions with wildlife, 
or observe wildlife in size or numbers that could cause 
collisions. When such an event occurs, the FAA requires action 
but does not have ample wildlife management staff expertise to 
assist the airports. Therefore, FAA often refers airports to 
the U.S. Department of Agriculture's Wildlife Services 
biologists who have the expertise, but are not funded, to 
provide these services. USDA has developed wildlife hazard 
evaluations and management plans, and implemented these plans 
for some airports with the costs being fully reimbursed by the 
airports. As a result, wildlife-aircraft strikes have been 
reduced significantly at specific locations. For example, at 
John F. Kennedy International Airport, bird and deer strikes 
have been reduced by 70 and 100 percent, respectively. However, 
many airports have ongoing wildlife problems which have not 
been addressed in such a proactive manner.
    To address this problem, the reported bill authorizes 
$450,000 for wildlife hazard mitigation measures and management 
of the agency's wildlife strike data base.
    General aviation and helicopter program office. Recently, 
the Committee has been told that the FAA proposes to eliminate 
funding for its General Aviation and Vertical Flight Program 
Office. This office is dedicated to infrastructure systems 
development, which includes both rotorcraft IFR operations and 
advance avionics. Although the amount is modest, the investment 
significantly enhances safety of flight by insuring that 
rotorcraft operations are addressed appropriately in the 
development of the national airspace system. The Committee 
endorses these activities as well as related FAA rotorcraft R&D 
initiatives, and requests that FAA reconsider its plans in this 
area.
    Emergency Medical Service (EMS) helicopters are responsible 
for saving thousands of lives annually by transporting patients 
to trauma centers for emergency care. It is often imperative 
that the patient arrive within one hour to provide a high 
probability of survival. In good weather conditions, this is 
usually not a problem. The difficulty arises when the weather 
is poor. Due to the absence of adequate IFR helicopter 
infrastructure to and from trauma centers, patient transport 
must be to airports with subsequent ground transport. This 
process often exceeds an hour, thereby reducing the chances of 
patient survival. Therefore the Committee urges the FAA to look 
into establishing a prototype helicopter infrastructure to 
support all-weather EMS for trauma patients. This could use 
current technologies such as the Global Positioning System 
(GPS). The FAA could also consider using private companies that 
are capable of developing the approach plates.
    Tilt-rotor. The Federal Aviation Administration has begun 
the process of revising its policies and procedures to make 
effective use of the capabilities of rotorcraft. The Committee 
is hopeful that the Air Traffic Control (ATC) System will in 
the future be able to provide dispatch reliability, or 
instrument flight rules (IFR) capability, for both helicopters 
and the newest rotorcraft technology--tiltrotor aircraft.
    The military tiltrotor, the V-22 Osprey, is now in 
production, and the first civil tiltrotor, the BB609, is in 
development, with orders for 67 aircraft already received from 
U.S. and international customers. Both V-22 and the BB609 will 
be in service in 2001 and other tiltrotor variants will follow. 
Given the growing importance of rotorcraft in the U.S. air 
transport system, the Committee recommends that the FAA proceed 
with much-needed procedural and infrastructure improvements in 
a timely fashion and allocate the financial, administrative, 
and personnel resources necessary to implement and oversee 
these actions. The Committee requests that the FAA report to 
Congress by April 30, 1999 on measures taken to implement these 
recommendations.
    AIP formula. Only minor changes to the AIP distribution 
formula are made by the reported bill. Both the floor and the 
cap on the discretionary fund are removed except that letters 
of intent are protected. To free up some money for the 
discretionary fund if overall AIP spending is low, the 
passenger entitlement for airports with more than one million 
passengers is reduced slightly if less than $1.35 billion is 
available for AIP.
    The elimination of the cap on the discretionary fund means 
that the additional money that could have gone to general 
aviation and noise abatement will not be available. To make up 
for this, the State entitlement is increased from 18.5% to 20% 
and the noise set-aside is increased from 31% to 33%.
    The cap on the number of airports that can be included in 
the military airport program is increased from 12 to 15, one of 
which must be a general aviation airport.
    The reported bill (section 105) sets aside some money from 
the small airport fund to help non-hub airports meet the 
requirements of the new certification rules that will be 
imposed on them. Another section of the reported bill (section 
506) establishes a deadline for the FAA to issue those 
requirements.
    The Committee has become concerned that many small airports 
seem to believe that money in the small airport fund is not 
being distributed to them as intended. The FAA insists that 
grants are being made to small airports from this fund in 
accordance with the law. In order to help resolve this 
discrepancy, the reported bill requires FAA to notify the 
recipient of a grant of the source of that grant when the 
source is the small airport fund.
    In making grants, the FAA should encourage the use of 
alternative technologies when building, constructing, 
repairing, or expanding, new or existing facilities, including 
access roads and supporting structures which are eligible for 
Federal funding. These technologies should demonstrate an 
ability to streamline construction, mitigate disruption to 
operations, enhance safety considerations during construction, 
and reduce construction costs.
    The following spread sheet shows how the AIP money will be 
distributed among the various entitlements and set asides at 
various funding levels and with the changes described above to 
the formula in the reported bill.





    Runway incursions. Runway incursions have increased during 
the last few years. Therefore, the reported bill specifically 
makes runway incursion prevention devices eligible for AIP 
funding.
    At its hearing last November 13th, the Aviation 
Subcommittee became concerned that FAA's efforts to install 
sophisticated runway incursion prevention devices could 
experience delays. This was happening at the same time that the 
number of runway incursions was increasing. Yet relatively low-
tech, inexpensive devices were discussed at that hearing which 
have been deployed successfully and could be used to help 
address this problem. The Committee urges the FAA to use the 
eligibility provided here to fund these devices at airports 
that will not receive ASDE or AMASS or to supplement those 
systems at the airports that will receive them.
    The reported bill section 104(j)) encourages FAA to give 
higher priority to installation of integrated in-pavement 
lighting systems, and other runway and taxiway incursion 
prevention devices, in allocating discretionary grants. Section 
104(j)(1) makes it a national policy to address the risk of 
runway collisions. Section (j)(2)and (j)(3) lists integrated 
in-pavement lighting systems, and other runway and taxiway 
incursion prevention devices, among the types of safety 
facilities of which airports are encouraged to make maximum 
use.
    In addition, FAA is directed to classify proposals for the 
installation of integrated (``smart'') in-pavement lighting 
systems for runways and taxiways, and other runway and taxiway 
incursion prevention devices, using components meeting FAA 
specifications as Safety/Security for determining Purpose 
Points and as Runway/Taxiway signs for determining Type Points 
in the general provisions formula published in 62 Fed. Reg. 
45007-45010 (August 25, 1997).
    PFC eligibility. When the PFC program was enacted in 1990, 
one of the purposes was to build facilities, including gates, 
to help enhance competition at airports. However, in many 
cases, additional gates cannot be built unless a terminal 
structure is built first. Section 109 of the reported bill 
addresses this problem by making the underlying structure of 
the building, minus tenant finish-out, eligible to be built 
with PFC funds when that will enable new service by a carrier 
that is not the dominant carrier at the airport. The gates are 
already PFC eligible.
    The provision is also designed to permit ``aircraft fueling 
facilities adjacent to an airport terminal building'' to be 
eligible for funding under the PFC program. This provides 
flexibility for airports in determining what type of fueling 
facility/line/hydrant is used but does not make the 
construction of fuel farms eligible.
    Disposal of airport property. As a general matter, the 
Committee is concerned about the threat to general aviation 
airports. Accordingly, the reported bill includes a provision 
to ensure that there is more careful consideration before an 
airport is closed or some of its property sold. The provision 
(section 111) requires an airport to notify the public before 
disposing of airport land. FAA must consider the current and 
future needs of airport users before permitting such a property 
sale. This should help preserve general aviation airports.
    In this connection, the Committee has heard that there are 
numerous instances of revenue diversions and lack of timely 
payback of funds when grant releases are approved. If accurate, 
this warrants changes to the FAA's grant assurance enforcement 
program.
    Therefore, in addition to the legislative language in 
section 111 described above, the Committee requests the General 
Accounting Office (GAO) to review FAA's grant assurance 
enforcement program giving particular attention to: (1) the 
FAA's policy and procedures for ensuring compliance with grant 
assurances, (2) the nature and scope of FAA's enforcement 
actions and whether they are applied evenly among the FAA 
regions, (3) the relationship between personnel resources and 
enforcement actions, including any limitations in enforcement 
efforts that may result from resource levels, and (4) the type, 
scope and range of existing penalties, the extent to which each 
has been used, and alternative punitive measures. The Committee 
asks GAO to transmit this report by April 1, 1999 so that it 
can be considered during the FY 2000 reauthorization process.
    Potomac TRACON. The Committee is concerned about FAA's 
recent decision to move forward on a plan to consolidate the 
four Washington, DC area Terminal Radar Approach Control 
Facilities (TRACONs).
    The largest beneficiary of the proposed $95 million 
consolidation should be the aviation users. The Potomac TRACON 
would not only consolidate the four facilities, it would also 
redesign the airspace to provide more efficient air routes. The 
more efficient air routes would produce user benefits such as 
fuel savings.
    There are three areas of concern to the Committee about the 
Potomac TRACON:
          (1) The Location: The FAA reviewed 43 sites in 
        Virginia and Maryland. Currently, the FAA has rejected 
        all but 4 sites. The 4 remaining sites are in Virginia 
        and at least 3 are not owned by the Federal government. 
        FAA estimates the cost to purchase the site at $3 
        million plus $3.4 million in related land costs. In 
        addition, FAA limited its search of sites to the 
        immediate Washington, DC area. There is no technical 
        reason why the Potomac TRACON needs to be located in 
        the high cost area surrounding Washington, DC.
          (2) The Facility Size: In a February 1997 cost-
        benefit report for the Potomac TRACON, the proposal was 
        for a 65,000 square foot facility to accommodate the 
        four consolidated TRACONs. Now the proposal is for a 
        97,000 square foot facility. It is not clear what 
        caused this 49% increase in space requirements. In 
        addition, the construction cost is estimated at $25 
        million, which is $258 per square foot. GSA estimates 
        that this type of facility usually costs about $138 per 
        square foot. The size of the building and the cost of 
        construction should be reviewed and properly justified.
          (3) The Lack Of A Risk Assessment: The redesign of 
        the airspace could be very controversial because of its 
        effect on the level of aircraft noise over certain 
        areas. In 1987 the FAA redesigned the airspace over New 
        York and New Jersey (often called the Expanded East 
        Coast Plan) and the communities are still bitterly 
        complaining about it. There is a risk that even with 
        proper community involvement the opposition would be 
        too great for FAA to implement a redesigned airspace 
        plan for the Potomac area. None of the FAA's benefit-
        cost analysis includes a risk assessment on the 
        likelihood that only part or none of the airspace will 
        be redesigned. Since the majority of the benefits of a 
        consolidated Potomac TRACON are derived from the 
        redesigned airspace, a risk analysis should be done. 
        The project may not be cost beneficial if the FAA 
        cannot accomplish the airspace redesign.
        As a result of these concerns, the reported bill 
        prohibits the FAA from selecting a site for or 
        beginning construction of the Potomac Metroplex until 
        it completes a report that does the following:
          Justifies the need for a 97,000 square foot facility 
        and the $258 per square foot cost; and
          Completes a risk analysis of the possibility that the 
        redesigned airspace may not be completed or only 
        partially completed, and the resulting benefit-cost 
        ratio.
    Chicago. The Committee is aware of the growing concerns in 
the suburbs near O'Hare about the health and environmental 
impacts associated with the number of flights at that airport 
and of the differing perspectives in the region on how 
additional flights should be accommodated. The Committee is 
reluctant to interject itself into this controversy and would 
prefer that it be resolved at the State level. Accordingly, the 
Committee urges the parties involved to re-double their efforts 
to achieve a consensus on this issue.

                         Contract Tower Program

    Since 1982, the FAA has provided air traffic control (ATC) 
services at many low activity Level I visual flight rule (VFR) 
airports by contracting with ATC companies in the private 
sector. This contract tower program has provided significant 
cost savings and enhanced aviation safety. By the end of this 
fiscal year, it is expected that more than 180 airports will 
participate in the contract tower program.
    Participating airports and aviation users have generally 
expressed strong support for the program. Indeed, without this 
program, many of these airports would be without air traffic 
control services since FAA does not have the financial 
resources to staff these towers with its own personnel.
    The average contract tower costs about $250,000 per year, 
about half of what it would cost FAA to operate the tower 
itself.
    In deciding which airports to contract for air traffic 
control services, the FAA does a cost-benefit analysis. If the 
analysis results in a ratio of benefits to costs of less than 
1, FAA will not contract for ATC services there.
    There are some airports whose ratio is slightly less than 1 
or that are in danger of dropping below 1. These airports will 
not have the safety and service benefits of the contract tower 
program.
    In order to improve safety at these airports, the reported 
bill authorizes $6 million to fund contract tower services at 
airports that fall just below the cost benefit threshold and at 
other similar airports that have a legitimate need for this 
service as specified in Title II of the reported bill.
    However, the reported bill does require these airports to 
share in the cost of the program. The local share would be in 
proportion to the amount that the airport's ratio falls below 
1. So, for example, if the airport had a benefit to cost ratio 
of 0.85, it would have to absorb 15% of the cost.

                           Family Assistance

    In 1996, after the ValuJet and TWA crashes, the Committee 
approved (H. Rept. 104-793), and, on September 18, 1996, the 
House passed 401 to 4, the Aviation Disaster Family Assistance 
Act (H.R. 3923). With only minor changes, this bill was enacted 
as Title VII of the Federal Aviation Reauthorization Act of 
1996 (P.L. 104-264, 110 Stat. 3264). Last year the legislation 
was extended to cover foreign airlines (P.L. 105-148).
    The law, at 49 U.S.C. 1136 and 41113, requires the National 
Transportation Safety Board (NTSB) and individual airlines to 
take actions to address the needs of families of passengers 
involved in aircraft accidents in which there is a major loss 
of life. The law requires airlines to submit plans to DOT and 
NTSB on how they will address the needs of the families in the 
event of an aviation disaster involving one of their aircraft.
    Since the passage of this law, there have been three more 
accidents--a United Express accident in Illinois, a Comair 
crash in Michigan, and a Korean Airlines crash in Guam.
    With the help of the NTSB, the families of the two U.S. 
airline accidents were contacted to learn of their experiences 
under the new law. The limited response received indicate that 
the legislation is working well. For example, the in-laws of 
the Comair flight attendant wrote that ``the NTSB, in our 
opinion, was extremely informative, kind and considerate in 
their dealings with our family. The Aviation Disaster 
FamilyAssistance Act that was signed into law in 1996 was instrumental 
in making sure that the family was informed.''
    Also, the daughter of a victim of the United Express 
accident wrote that ``if there is anything I can do to show my 
support of this law or how it has affected my life, I would be 
more than happy to do so. I feel that this Act should have been 
passed a long time ago in order for the family member to 
effectively cope with the tragedy. I personally thank you, the 
Congress, and the President for passing this Act before my 
father passed away in an aviation accident. Thank you from the 
bottom of my heart.''
    Section 704 of the 1996 legislation called for the creation 
of a Task Force to address some of the more difficult issues. 
These included questions of family privacy, out-of-state mental 
health workers, and ways to improve the notification of 
families.
    On October 29, 1997, the task force issued its report. Many 
of its recommendations do not require legislative changes. 
However, Title III of the reported bill addresses those that do 
as well as related issues that have arisen as a result of 
experience under this new law. These include lengthening the 
moratorium on lawyer solicitation, permitting out-of-state Red 
Cross mental health workers to assist at the accident scene, 
upgrading airline disaster assistance plans to improve employee 
training, requiring airlines, upon request, to inform the 
family as to whether their loved one had a reservation on the 
flight, and limiting the liability of airlines who provide this 
information.
    The Committee recognizes that flight reservation 
information is not always accurate. In many cases, a person 
with a reservation will not have boarded the flight while a 
person without a reservation may actually be on the flight. 
However, as the Task Force noted, at page 12, ``provision of 
preliminary and limited, but accurate information, i.e., that a 
family member had a reservation on the flight, is better than 
no information in terms of helping the family to cope with the 
news of the disaster.'' In providing this information, the 
airline would be free to explain the limits to the accuracy of 
the initial passenger manifest. In recognition of these limits, 
the bill limits the liability of the airline for providing 
inaccurate information on the basis of the initial reservation 
list.
    Title III also includes the text of H.R. 2005 which passed 
the House on July 28, 1997. This provision makes clear that the 
Death on the High Seas Act does not apply to aviation accidents 
even if the plane crashes into the ocean. See House Report 105-
201 for a full explanation of this provision.

                           War Risk Insurance

    Commercial insurance companies will usually not insure 
commercial airline flights to high risk areas such as countries 
at war or on the verge of war. In many cases, these flights are 
required to further the foreign policy or national security of 
the United States. For example, in Operation Desert Shield and 
Desert Storm, commercial airlines were needed to ferry troops 
and equipment to the Middle East.
    To ensure that flights to high risk areas can operate when 
needed, Chapter 443 of Title 49 of the U.S. Code authorizes the 
Secretary of Transportation to provide insurance and 
reinsurance to commercial airlines.
    Before such insurance can be issued, two tests must be 
satisfied. First, the Secretary must find that the airline 
cannot acquire the insurance from a commercial insurance 
company on reasonable terms (Section 44302(a)(2)). Secondly, 
the President must find that providing the war-risk insurance 
is necessary to carry out the Nation's foreign policy 
(44302(b)). The insurance may be provided for only 60 days 
unless the President determines that an extension is needed 
(Section 44306(b)). FAA rules governing this program can be 
found at 14 CFR Part 198.
    This insurance program, commonly known as the war risk 
insurance program, offers both a premium and a nonpremium 
policy. Under the premium policy, insurance is provided to U.S. 
or foreign airlines for commercial scheduled or charter 
service. It can be used only for international flights. A 
premium is paid by the airline to the Federal Aviation 
Administration (FAA) for the coverage just as in a normal 
insurance arrangement.
    The non-premium policy is issued to airlines operating 
under contract to a government agency, usually either the State 
or Defense Department. It can cover either domestic or 
international flights. Although no premium is paid by the 
airline under this policy, airlines must pay a one-time binder 
fee of $575 per aircraft. In the event of a loss, the 
contracting government agency (usually either State or Defense) 
would have to indemnify the FAA for any claims it had to pay to 
the airline.
    Both premium and non-premium insurance will cover both hull 
loss (the destruction of the aircraft) and liability (injury, 
death, or damage to property). According to the FAA, it has 
paid $151,000 in claims under the non-premium insurance 
program. It has never paid a claim under the premium insurance 
program.
    Premiums paid for coverage, the binder fee, and any sums 
appropriated support a fund which is used to defray the cost of 
operating the war risk program. This fund had a balance at the 
beginning of this fiscal year of $67,785,000 and with the 
accumulation of interest is expected to have a balance at the 
end of this year of $71,500,000. The cost of administering the 
program varies but was about $345,000 last year.
    The war risk insurance program was first authorized in 
1951. Insurance was provided under this program in the early 
1970s in the aftermath of attacks by Palestinian terrorists, 
and also during the final days of the Vietnam war. Since 1975, 
non-premium war risk insurance has been activated over 5,000 
times including in the following cases.
        Period and place of activation-                Number of flights
1983-1984, to Honduras..................................              50
August 17, 1990 to May 24, 1991, to the Middle East 
    (Operation Desert Shield/Storm).....................      over 5,000
January 11, 1991, Department of State flight from Oman 
    to Frankfurt........................................               1
January 11 to April 14, 1993, to Kuwait (Operation 
    Desert Caravan).....................................              20
December 8, 1992 to early 1994, to Mogadishu and 
    Kisimayo, Somalia (Operation Restore Hope)..........             155
February 28, March 2, and April 7, 1994, to Tbilisi, 
    Georgia.............................................               3
September to October 1994, to Haiti (Operation Uphold 
    Democracy)..........................................              32
April 15 to September 30, 1996, to Tuzla Bosnia 
    (Operation Joint Endeavor)..........................             111

    The program has been reauthorized 11 times and is now 
scheduled to expire on December 31 of this year. In the past, 
the reauthorization of the war risk program has been relatively 
routine and was often accomplished without any changes or even 
the need for holding a hearing. However, as a result of the 
experience gained during the Persian Gulf War, new issues were 
raised that needed to be addressed.
    When the program was reauthorized in 1992 (Title IV of P.L. 
102-581, 106 Stat. 4897), the insurance coverage was expanded 
to cover certain domestic flights and also flights being 
operated pursuant to an agreement between the U.S. government 
and a foreign government. In addition, the legislation directed 
GAO to review the administration of the war risk insurance 
program during the Persian Gulf war to determine whether its 
efficiency could be improved. GAO submitted its report in July 
1994 and made the following recommendations to Congress:
          Provide a mechanism to ensure that there are 
        sufficient funds available to reimburse airlines for 
        losses that exceed the amount in FAA's insurance fund.
          Clarify whether a presidential determination is 
        needed before non-premium insurance can be issued and 
        for each subsequent 60-day extension.
    Congress partially addressed GAO's concerns in P.L. 105-137 
and in Section 9514 of Title 10 of the U.S. Code, that was 
added by the Defense Department Reauthorization Act (P.L. 104-
201).
    Section 9514 provides a mechanism to reimburse airlines in 
most cases. It directed the Secretary of Defense to indemnify 
the FAA for any claims paid by the war risk insurance fund 
within 30 days of DOT's determination that it owes an airline 
money for damage to an aircraft.
    This ensures that airlines will receive prompt payment for 
loses when they conduct flights on behalf of the Defense 
Department. These constitute the bulk of the flights covered by 
the war risk insurance program. However, in those limited cases 
where flights are conducted for the State Department, under the 
premium insurance program, or for some other purpose, the 
airlines still have no assurance they will be paid in a timely 
fashion. This can pose significant problems for a relatively 
small airline with few planes in its fleet where the 
unreimbursed loss of even one aircraft can have a significant 
adverse effect on its business. This seems unfair when the 
flight is authorized and insured by the U.S. government.
    Last year, the Committee attempted to address this ``prompt 
payment'' problem in H.R. 2036, H. Rept. 105-244. This bill 
would have addressed the problem by permitting FAA to borrow 
money from the Federal treasury in order to reimburse airlines 
for their loss. FAA could then seek a supplemental 
appropriation in order to pay off the debt or replenish the 
fund. Under this approach, the airline would not have to endure 
an unreimbursed loss while the supplemental appropriation made 
its way through Congress.
    However, the Administration objected to this provision in a 
July 22, 1997 letter from the General Counsel of the Department 
of Transportation (DOT). As a result, the borrowing authority 
was removed from the bill before it passed the House and the 
legislation enacted (P.L. 105-137) was silent on this issue. 
However, in urging the elimination of the borrowing authority, 
DOT did agree to help develop an alternative.
    On April 20, 1998, the Secretary of Transportation did 
submit a legislative proposal that included a number of 
legislative initiatives including one addressing war risk 
insurance and the prompt payment problem. In submitting his 
proposal, the Secretary described his solution as follows:

          SEC. 209. Subsection (a) proposes an amendment that 
        would avert a potential problem in the aviation 
        insurance program by helping ensure prompt payment in 
        the event of a loss. It is possible that an air carrier 
        who has obtained aviation insurance from the FAA under 
        chapter 443 may sustain a physical damage loss that is 
        covered by that insurance but exceeds the amount 
        available for repayment in the aviation insurance 
        revolving fund. In such event, FAA's full payment of 
        the carrier's claim would need to await congressional 
        action to appropriate a sufficient amount into the 
        revolving fund. Because of the possibility of delays in 
        the appropriations process, the carrier may wish to 
        obtain ``prompt payment'' insurance from a commercial 
        insurer, to ensure that the carrier receives payment in 
        a timeframe commensurate with its financial 
        obligations. The ``prompt payment'' insurance contract 
        between the carrier and the commercial insurer would, 
        in that case, provide that the commercial insurer would 
        be subrogated to the air carrier's rights against the 
        U.S. Government under the chapter 443 insurance. After 
        the necessary funds have been appropriated to the 
        revolving fund, FAA would reimburse the commercial 
        insurer for its payment to the carrier, provided that 
        the payment was for a loss covered by the chapter 443 
        insurance and that the payment had been approved by the 
        FAA.
          It is not clear under current law that the commercial 
        insurer has a right of action against the Government to 
        recover an approved payment for a covered loss, when an 
        appropriation to the Revolving Fund is delayed. The 
        amendment made by this section would clarify that 
        right. This amendment will make it easier for air 
        carriers to obtain ``prompt payment'' insurance.

    The reported bill (Title IV) adopts the solution suggested 
by the Secretary. While not an ideal solution, the Committee 
recognizes that it is probably the best that can be achieved 
under the constraints of current budget rules. It would address 
the prompt payment problem by making it easier for an airline 
to obtain ``prompt payment'' insurance from a commercial 
insurance company. Such insurance would allow an airline to 
obtain reimbursement for its loss from a commercial insurance 
company quickly even if the FAA's insurance fund was 
insufficient and Congress failed to replenish it quickly. The 
commercial insurer would be subrogated to the air carrier's 
rights against the U.S. government so that when money was 
appropriated to replenish the FAA's fund, the commercial 
insurer could recover the money it paid to the airline. Having 
suggested this approach, DOT should now work with the insurance 
companies and airlines affected in order to ensure that prompt 
payment insurance will be available in practice at a reasonable 
cost.
    The reported bill would also reauthorize the program for 5 
years. This has been the typical reauthorization period in the 
past.

                                 Safety

    The reported bill addresses several safety issues that the 
Aviation Subcommittee has considered in hearings and other 
forums. Some of them are discussed below.
    Cargo TCAS. As far back as the 1950s, government and 
airlines began searching for a viable collision avoidance 
system for aircraft. Several systems were developed but until 
1981 none were considered acceptable. In 1981, FAA finally 
announced that it had decided to proceed with the development 
and implementation of the Traffic Alert and Collision Avoidance 
System (TCAS).
    There are basically three versions of TCAS. TCAS I is 
intended for small aircraft. It warns the pilot of an impending 
collision but does not give instructions on how to avoid that 
collision. TCAS II is intended for large commercial aircraft. 
It not only warns the pilot of an impending collision but also 
advises the pilot to go either up or down to avoid that 
collision. TCAS III was originally intended to add to the 
capabilities of TCAS II by advising pilots to go left or right, 
if appropriate, to avoid a collision. In 1993, FAA decided that 
TCAS III contained substantial systematic errors and that it 
could not determine, in many scenarios, which direction to turn 
to prevent a collision. Therefore, work on TCAS III was halted.
    Although FAA had committed to TCAS in 1981, progress in 
actually implementing the system was slow. A 1986 midair 
collision over Cerritos, California, finally prompted 
Congressional action. Section 203 of the 1987 Airport and 
Airways Capacity Expansion and Improvement Act, Public Law 100-
223, 101 Stat. 1518, established deadlines for completing the 
development and installation of TCAS II. As enacted, the 
legislation required the FAA to implement a schedule for the 
certification of TCAS II that would result in that system being 
certified by June 30, 1989. The legislation further directed 
the FAA to require the installation of TCAS II on all passenger 
aircraft of more than 30 seats within 30 months of the date 
that system was certified. That meant that if the system was 
certified on June 30 as scheduled, airlines would have to equip 
their fleet by December 30, 1991.
    On December 15, 1989, Public Law 101-236 amended the TCAS 
directive to authorize the Administrator of the FAA to extend 
the original compliance deadline for installing TCAS II by two 
years, to December 30, 1993, if the Administrator determined 
that such an extension was necessary.
    On April 9, 1990, FAA published a final rule containing the 
schedule for implementation of TCAS II in aircraft with more 
than 30 passenger seats. In this final rule, the FAA required 
that these aircraft phase in the implementation of TCAS II with 
compliance by at least 20 percent of all covered airplanes by 
December 30, 1990, 50 percent by December 30, 1991, and 100 
percent by December 30, 1993.
    The required implementation of TCAS II was essentially 
completed by the end of 1993. Since then, TCAS II has 
demonstrated the ability to reduce the potential for collisions 
and is now providing important safety benefits.
    Until recently, no thought had been given to requiring TCAS 
on cargo aircraft. On September 3, 1996, the Independent Pilots 
Association (IPA) filed a petition for rulemaking with the FAA, 
requesting that it amend its regulation to require TCAS II on 
cargo aircraft in addition to passenger aircraft. Hearings were 
held on this issue on February 26, 1997 (Committee document 
105-5).
    There are approximately 1,000 cargo aircraft operating 
domestically in the same airspace as passenger aircraft. These 
cargo aircraft are not required to have collision avoidance 
systems at this time.
    The petition for rulemaking filed by IPA requests the FAA 
to require TCAS II on cargo aircraft. IPA favors a requirement 
for 50 percent of cargo aircraft to be equipped with TCAS II by 
July 31, 1998, and the balance of the cargo fleet to be 
equipped by December 30, 1998.
    Cargo airline representatives agree that cargo aircraft 
need the safety benefit of a collision avoidance system. 
However, they believe that TCAS is an outmoded system and favor 
a system known as ADS-B instead. Automatic dependent 
surveillance-broadcast (ADS-B), is being developed for use with 
global positioning satellite systems (GPS) and ``free flight.'' 
When ADS-B becomes available it is expected to permit aircraft 
to transmit additional data such as heading, next waypoint, and 
vertical speed and to work on the runway where TCAS is not 
currently effective.
    The Committee agrees that cargo aircraft should be equipped 
with collision avoidance systems. However, the Committee 
believes that the FAA and the airlines are better equipped with 
the technical knowledge to choose between TCAS and ADS-B. 
Accordingly, the reported bill sets a deadline for the 
installation of collision avoidance systems on cargo aircraft 
without specifying which system should be installed although 
the system must provide protection from mid-air collisions and 
provide resolution advisory capability that is at least as good 
as is provided by TCAS-II.
    Pilot record sharing. Between 1987 and 1994, there were 
reportedly at least 7 fatal accidents involving scheduled 
airlines and pilot error where the pilot had demonstrated 
problems at a previous airline but the airline involved in the 
crash was not required to check the pilot's records before 
making the hiring decision. -
    The National Transportation Safety Board (NTSB) 
investigated each of these accidents and in 4 of the cases 
recommended that airlines be required to check a pilot's 
previous performance before hiring that pilot. However, the 
Federal Aviation Administration (FAA) took no action to require 
such record checks.
    One year after an American Eagle crash, the Subcommittee 
held a hearing on this issue (``Aviation Safety: Should 
Airlines Be Required to Share Pilot Performance Records? 
Hearings before the Subcommittee on Aviation of the House 
Committee on Transportation and Infrastructure, Committee print 
104-40, 104th Congress, 1st Session, (December 13 and 14, 
1995)). Most witnesses supported legislative action. The NTSB, 
referring to the four accidents in which it had made 
recommendations in this area,testified, at p. 78, that 
``[c]ommercial aircraft accidents are so rare that to have four in 
seven years attributable, even in part, to a single cause should be--
for everyone--conclusive evidence of a serious problem.''
    In response, the Committee approved (H. Rept. 104-684) and, 
on July 22, 1996 the House passed 401 to 0, the Airline Pilot 
Hiring and Safety Act (H.R. 3536). This was combined with a 
similar Senate bill, the Pilot Records Improvement Act, and 
incorporated into the Federal Aviation Reauthorization Act of 
1996 as Title V (P.L. 104-264, 110 Stat. 3263 et seq., 49 
U.S.C. 44936(f)).
    This Act required airlines, before hiring a pilot, to 
request the records of that pilot from the FAA, the National 
Driver Register, and the pilot's previous employer. This was 
designed to ensure that airlines would be able to make informed 
hiring decisions.
    Last year, in response to certain implementation problems 
that had developed, the Committee approved (H. Rept. 105-372) 
legislation making some improvements in the Act. This 
legislation was ultimately enacted (Public Law 105-142, 111 
Stat. 2650, December 5, 1997).
    The reported bill (section 502) includes some additional 
fine tuning to the Act that was suggested by FAA. One change 
involves exactly which records must be requested, received, and 
maintained by air carriers. Section 44936(f)(1)(B) of current 
law requires the transfer of records involving a pilot's 
proficiency and route checks, airplane and route 
qualifications, training, required physical examinations, 
actions taken concerning release from employment or physical or 
professional disqualification, alcohol and drug test results, 
check airman evaluations, and any disciplinary action that was 
not subsequently overturned.
    All of these requirements are directed toward the 
competency of the individual as a pilot. Indeed, the whole 
thrust of the 1996 Act was to ensure that the airline would 
have the information needed to determine whether the applicant 
was capable of flying the plane safely. While other 
information, such as how the pilot interacts with customers, 
may be important, it was not the focus of that legislation. 
Therefore, the reported bill amends section 44936(f)(1)(B)(ii) 
to clarify that while airlines are free to request and receive 
other information not directly related to the competency of the 
individual as a pilot, they would not be required to do so by 
the Pilot Records Improvement Act.
    In addition the reported bill makes clear that the military 
is not required to release pilot records and airlines cannot be 
penalized for failure to get records from a foreign entity if 
they made a good faith effort to do so.
    NTSB recommendations. The Committee is aware of on-going 
concerns about the level of responsiveness of the FAA to 
important safety recommendations made by the National 
Transportation Safety Board. The Committee intends to examine 
this further in the context of NTSB reauthorization legislation 
next year.

             Whistleblower Protection for Airline Employees

    Private sector employees who make disclosures concerning 
health and safety matters pertaining to the workplace are 
protected against retaliatory action by over a dozen Federal 
laws. These employees have become known as ``whistleblowers.'' 
There are currently over a dozen Federal laws protecting 
whistleblowers including laws protecting nuclear plant workers, 
miners, truckers, and farm laborers when acting as 
whistleblowers. For example, section 2305 of the Surface 
Transportation Assistance Act of 1978, 49 U.S.C. 2305, 
prohibits retaliation for filing a complaint or instituting any 
proceeding relating to violations of motor vehicle safety rules 
or refusing to operate an unsafe vehicle. There are no laws 
specifically designed to protect airline employee 
whistleblowers.
    The Committee previously considered legislation to protect 
airline employee whistleblowers in 1988. Hearings were held on 
April 27, 1988 and H.R. 5073 passed the House on September 13, 
1988. The Senate never acted so the bill died. More recently, 
hearings were held on this issue on July 10, 1996 (Committee 
document 104-57).
    Title VI of the reported bill would provide protection for 
airline employee whistleblowers by prohibiting the discharge or 
other discrimination against an employee who provides 
information to the Federal government about air safety or files 
or participates in a proceeding relating to air safety. To 
ensure that this protection is not abused, the provision 
provides penalties for the filing of frivolous complaints.

                    Centennial of Flight Commission

    December 17, 2003 will be the 100th anniversary of the 
first successful manned flight by a power-driven, heavier-than-
air aircraft. This first flight by Orville and Wilbur Wright 
has led to dramatic changes not only in transportation and 
commerce but in the American way of life. The achievement of 
the Wright brothers represents a triumph of American ingenuity, 
inventiveness, and diligence in developing new technologies. It 
is certainly an inspiration for all Americans. Therefore it is 
appropriate to remember and celebrate the achievement of the 
Wright brothers.
    Title VII of the reported bill would ensure that this is 
done by establishing a commission known as the Centennial of 
Flight Commission. This seven member commission would help to 
plan and develop programs and activities to commemorate the 
100th anniversary of powered flight.

                          Miscellaneous Issues

    Title VIII of the reported bill includes several other 
issues that have been brought to the Committee's attention. 
Some of them are discussed below.q
    Regulatory approval process. In 1996, the Committee 
approved (H. Rept. 104-475) and the House passed legislation to 
make the FAA an independent agency. This legislation was not 
enacted. However, the Federal Aviation Reauthorization Act of 
1996 was enacted later that year. It did include provisions 
giving FAA more autonomy from DOT. One of those provisions 
(section 224 of P.L. 104-264, 110 Stat. 3231) limited to four 
situations the instances where FAA would be required to submit 
a regulation to DOT for review. These are situations where the 
rule would (1) have an annual effect on the economy of more 
than $100 million, (2) create a serious inconsistency with the 
action of another agency, (3) alter the budgetary impact of 
programs or the rights of grant recipients, or (4) raise novel 
legal or policy issues.
    Despite this limitation on DOT review, it is the 
Committee's understanding that the FAA is continuing to submit 
all its rules to DOT for review. It is not clear to the 
Committee how all FAA rules could fall within the categories 
summarized above. Therefore in order to enable proper oversight 
of this provision, section 801 of the reported bill would 
require FAA, within 10 days of submitting a rule to DOT for 
review, to notify the Committee of the category or categories 
described above under which it was required to submit its rule 
for review.
    Improvements to leased properties. A line of Comptroller 
General decisions generally prohibit an agency from making 
improvements to leased property unless there is specific 
authority to do so (See 65 Comp. Gen. 722 (1986)). However, the 
Comptroller General has allowed such improvements if (1) the 
cost of the improvements are in reasonable proportion to the 
overall cost of the lease, (2) the improvements will be used 
for the principal benefit of the government, (3) the proposed 
improvements are incidental to and essential for the 
accomplishment of the agency's mission, and (4) the interest of 
the government in the improvements is protected.
    A problem arises in the case of the FAA because it will 
often lease property for its air traffic facilities for free or 
for low or nominal rent. As a result, it may be unable to 
satisfy the first condition that the cost of the improvements 
be in reasonable proportion to the overall cost of the lease.
    Section 806 of the reported bill addresses this problem by 
allowing the FAA, in cases where the property is leased for 
free or nominal rent, to make improvements to that property 
even if the cost of the improvements are more than the cost of 
the lease as long as the other three prongs of the Comptroller 
General's test are satisfied. By nominal rent, the Committee 
does not necessarily mean rent of $1 or less but rather rent 
that is significantly below fair market value. This section 
should not be construed as changing the basic prohibition 
against making improvements to leased property without specific 
authority to do so.
    Public availability of pilot records. Section 808 of the 
reported bill allows the FAA to continue its long-standing 
practice of making available to the public lists of airmen 
certificates. These lists allow for the dissemination of 
important aviation information to pilots and to the flying 
public. Currently, pilots have the opportunity to remove their 
names from such lists but FAA has done little to make pilots 
aware of that option. This provision requires that, before an 
airman's address is released, the airman be given an 
opportunity to advise the FAA not to release the address. The 
Committee directs the FAA to recommence making the list 
available to the public subject to the required notification. 
The Committee further directs the FAA to work with the aviation 
industry to develop a more effective program to publicize the 
``opt-out'' opportunity in conformity with most direct mail 
practices. Such efforts must include, within 30 days of 
enactment, a one-time written notification to airmen of the 
advantages and disadvantages of having their address released 
and the opportunity to elect that their address not be 
released.
    Cost accounting study. Regardless of whether the FAA's 
activities are funded by aviation-related taxes, user fees, 
general revenues or some combination thereof, the Committee 
believes that the prospects for adequate funding for the FAA 
will be enhanced if users and the Congress are convinced (1) 
that the costs of operating the FAA are reasonable and (2) that 
these costs have been accurately measured and fairly attributed 
to FAA's services and users.
    The Committee recognizes that the FAA has lacked the 
internal cost data necessary both to improve its efficiency and 
to assign costs accurately to services and/or users. Moreover, 
because the FAA has a legal monopoly on the provision of air 
traffic control and safety regulatory services--services whose 
consumption is also mandated by law--it is not generally 
possible for users to reduce their consumption of the services 
provided by the FAA. As a result, the FAA lacks many of the 
normal market place incentives to operate efficiently. Under 
these circumstances, the Committee believes that the 
availability of accurate and reliable cost and performance data 
will make it far easier to identify and fix the FAA's funding, 
management and operational problems.
    Section 817 of the reported bill calls for the completion 
of independent assessments to test, validate, and thus help 
assure the Congress, the Administrator and users that the FAA's 
costs are comprehensively captured, accurately measured and 
fairly attributed to specific services and, ultimately, to 
specific users. In addition, the legislation calls for an 
independent comparison of FAA costs against certain internal 
and external benchmarks in order to help the Congress, the 
Administrator, and users identify those areas where the 
efficiency and cost effectiveness of the FAA could be improved.
    Alaska guide pilots. In Alaska, there are people who earn a 
living by guiding tourists on hunting or fishing trips. Since 
air travel is often the only way to get to one's destination in 
Alaska, the guide will usually fly the customers to the hunting 
or fishing spot.
    For many years these guide pilots were regulated under 14 
CFR Part 91 by the FAA. However, on January 2, 1998, the FAA 
published a notice in the Federal Register that, in the future, 
these pilots would be regulated under the more stringent 
requirementsof 14 CFR Part 135. This could have a serious 
adverse impact on these guides and could put many out of business.
    The Committee is concerned that such a dramatic reversal of 
long-standing practice could be taken by an agency without 
giving the affected people an opportunity to comment. 
Accordingly, section 821 of the reported bill requires FAA to 
rescind its earlier notice and reissue it as an opportunity for 
public comment. If after receiving these comments, the FAA 
decides to proceed with the change, it must publish in the 
Federal Register the reasons for its decision and provide 
enough time for the guides to comply but not less than 90 days.
    Free flight. The Committee believes that the present air 
traffic control system results in significant operational 
inefficiencies and that by enhancing Communications, 
Navigation, Surveillance/Air Traffic Management systems (CNS/
ATM), significant benefits can be realized.
    First, enhancing CNS/ATM allows for the expansion of 
airspace capacity to accommodate the growing demand for air 
services. Airspace capacity constraints under current air 
traffic control procedures threaten the long-term viability of 
the air transport industry. In fact, the National Civil 
Aviation Review Commission found that without prompt action, 
``the United States' aviation system is headed toward gridlock 
shortly after the turn of the century''. The Commission also 
predicted that if the anticipated growth occurs, there will be 
a large airliner accident somewhere in the world every 7-10 
days by the year 2010.
    Second, modernization of CNS/ATM would free the system of 
unnecessary operating constraints, saving airlines, passengers, 
and shippers the time and resources wasted by an outdated air 
traffic system. The Air Transport Association of America (ATA) 
has estimated that the cost of air traffic control delays to 
its U.S. members alone exceeds $3 billion a year.
    Third, improving CNS/ATM would decrease unnecessary fuel 
burn and emissions released into the atmosphere resulting from 
air traffic control delay and other operational constraints. 
The potential fuel savings from improving CNS/ATM are enormous, 
saving airlines, passengers, and shippers billions of dollars 
annually.
    The environmental benefits of enhancing CNS/ATM often seem 
to be overlooked. A recent FAA assessment found significant 
environmental benefits from ``free flight'' capabilities and 
modernized air traffic management measures. Specifically, the 
assessment found that, based on planned CNS/ATM enhancements, 
the amount of fuel burned by aircraft in U.S. airspace could be 
reduced by 10 billion pounds per year by 2015, which represents 
a savings of 6 percent. In short, improving air traffic 
management measures will result in decreased fuel consumption 
and, therefore, decreased air carrier emissions.
    Aviation repair stations. For several years, the FAA has 
been in the process of rewriting the Federal Aviation 
Regulation Part 145, the repair station rule. The major area of 
concern has been the safety and oversight of repair stations 
providing maintenance to air carriers. The Committee recommends 
that in developing any final rule issued by the FAA to modify 
the requirements applicable to the maintenance, repair, 
alteration, or overhaul of aircraft by repair stations, as 
currently codified in 14 C.F.R. Part 145, the Administrator 
should consider the creation of a distinct Federal Aviation 
Regulation to regulate repair stations that perform 
maintenance, repair, alteration or overhaul of aircraft under 
14 C.F.R. Part 121 separate from the rule for smaller or 
general aviation aircraft.
    Noise. Congress recognizes the airspace over New York and 
New Jersey has some of the densest airline traffic in the 
country, and as such the residents of New York and New Jersey 
suffer from some of the worst aircraft noise in the United 
States.
    Congress is concerned about the Federal Aviation 
Administration's (FAA) failure to alleviate aircraft noise over 
New York and New Jersey and provide substantial relief to the 
residents of the states of New York and New Jersey.
    The FAA should provide real and substantial air noise 
relief to the residents of New York and New Jersey. The FAA is 
further directed to work with local officials, citizens 
advocacy groups, and the Port Authority of New York and New 
Jersey to develop and take appropriate steps to reduce aircraft 
noise over New York and New Jersey as soon as possible.
    Weather. The Committee has been informed that the FAA and 
the National Weather Service plan to terminate their joint 
program for installing and maintaining equipment providing 
automatic weather observations, known as ASOS, no later than 
the end of FY 1998. During this program's life, numerous 
problems have been identified by users and by the General 
Accounting Office, many of which remain unresolved. Yet, the 
Committee is concerned that the FAA still does not have formal 
plans to meet existing and future weather reporting 
requirements, especially at smaller airports, with commercial 
technologies. Given the importance to aviation safety of timely 
and accurate weather reporting, the Committee requests that the 
FAA report no later than March 31, 1999 with a detailed plan 
leading to a competitive procurement of commercial, off-the-
shelf automated weather observing systems incorporating current 
technology or a detailed explanation as to why such a plan 
would not be appropriate.
    Chief Information Officer. The Committee notes that the 
General Accounting Office (GAO) has made several 
recommendations to the FAA regarding its management of the air 
traffic control modernization effort, including the placement 
of a Chief Information Officer (CIO) within that structure. The 
modernization of the nation's air traffic control system is 
important for the aviation industry and the flying public, and 
delay of this modernization for any reason potentially 
jeopardizes the economy and public safety. Therefore, the 
Committee urges FAA to seriously consider adopting the GAO 
recommendations as they pertain to the CIO position and the FAA 
managementstructure in keeping with the spirit of the Clinger-
Cohen Act for Department-level agencies.
    Software procurements. The Committee recommends that the 
FAA assess the prior work of the Office of Information 
Technology and identify processes and guidelines to help the 
FAA address the shortcomings noted in software dependent 
procurements. The Committee encourages the FAA to conduct an 
in-depth analysis of the processes within the FAA which are 
affected by commercial off the shelf technologies, identify new 
methods to test and validate safety critical systems that are 
not dependent on source code analysis, and investigate ways to 
reduce cost and time to establish high confidence in a system.
    Security screening. The Committee had had a long-standing 
concern about the performance of airport screeners, and it is 
pleased that the FAA has recently entered into a contract to 
purchase and deploy computer based training (CBT) systems that 
will help standardize and upgrade the quality of screener 
performance as well as monitor their performance as they 
undergo training.
    The Committee is concerned, however, about the length of 
time that it will take the FAA, according to recent plans, to 
initiate rule-making concerning the certification of screening 
companies. This certification is mandated by section 302 of the 
Federal Aviation Reauthorization Act of 1996. The Committee 
urges the FAA to address this rulemaking expeditiously and to 
assure that the rule takes into account the training and 
monitoring benefits that are now available through 
sophisticated computer based training systems. As a more 
immediate step, the FAA should proceed quickly to ensure the 
full and prompt deployment of the CBT systems that it has 
available to it under contract.

                       Section-by-Section Summary

Section 1.--Short title; table of contents

    This section provides that the Act may be cited as the 
``Airport Improvement Program Reauthorization Act of 1998.''

Section 2.--Amendments to title 49, United States Code

    This section states that the amendments in this bill are to 
Title 49 of the U.S. code.

Section 3.--Applicability

    States that the amendments made by this bill do not take 
effect until fiscal year 1999.

Section 4.--Administrator defined

    States that the term ``Administrator'' means the FAA 
Administrator.

               TITLE I.--Airport and Airway Improvements

Section 101. Airport Improvement Program

    Authorizes $2.347 billion for the Airport Improvement 
Program (AIP) in fiscal year 1999.

Section 102. Airway facilities improvement program

    Authorizes $2.131 billion for FAA's Facilities & Equipment 
program in fiscal year 1999. Of this amount, $8 million may be 
used to purchase and install universal access systems at 
airports. Nothing in this section shall be construed as 
requiring airports generally to purchase and install such 
systems although the Committee believes it would be desirable 
if they do so voluntarily.

Section 103. FAA Operations

    Subsection (a) authorizes $5.632 billion for FAA Operations 
in fiscal year 1999. Of this amount, $450 thousand may be used 
for wildlife hazard mitigation measures and such sums as may be 
necessary may be used to fund an office in FAA that is 
dedicated to supporting infrastructure development for the 
general aviation and the helicopter industry and to modify 
existing air traffic control procedures to accommodate the 
tilt-rotor aircraft.
    Subsection (b) allows money to continue to be spent out of 
the Trust Fund for FAA operations in accordance with the 
formula in existing law.

Section 104. AIP formula changes

    Subsection (a) eliminates the current cap and floor on the 
AIP discretionary fund but ensures that all letters of intent 
are funded. If there is not enough money in the discretionary 
fund to cover the letters of intent, then the difference would 
be made up by pro rata reductions in the entitlements and set-
asides.
    Subsection (b) reduces an airport's entitlement for each 
passenger over one million from 50 cents to 40 cents per 
passenger in any year in which the obligation limitation on AIP 
is less than $1.35 billion.
    Subsection (c) increases the State entitlement for general 
aviation airports from 18.5% to 20% and makes corresponding 
changes to the portion that goes to the territories to ensure 
that they do not receive a windfall from this change.
    Subsection (d) permits money received by Alaska, Hawaii, or 
Puerto Rico under the State entitlement to be used for any 
public airport in those states.
    Subsection (e) permits State entitlement money to be used 
for system planning.
    Subsection (f) increases the noise set-aside from 31% of 
the discretionary fund to 33% of that fund and makes a non-
substantive technical change in the set-aside for the military 
airport program.
    Subsections (g) and (h) make technical changes with respect 
to Alaska.
    Subsection (i) increases the number of airports in the 
Military Airport Program (MAP) from 12 to 15 and requires that 
at least one of them be a general aviation airport.
    Subsection (j) makes runway incursion prevention devices, 
such as integrated in-pavement lighting systems, eligible for 
AIP grants and directs that they be considered safety devices 
for the purposes of FAA's priority system.

Section 105. Grants from small airport fund

    Subsection (a) sets aside $15 million or 20%, whichever is 
less, of the amounts in the small airport fund dedicated to 
non-hub airports for projects that will help bring these 
airports into compliance with the standards of the new small 
airport certification rules. This set-aside would begin in the 
first fiscal year after these new rules take effect. It would 
end 4 years later or when the FAA publishes a notice stating 
that all small airports meet the new standards, whichever 
occurs first.
    Subsection (b) states that when FAA makes a grant from the 
Small Airport Fund, it must inform the airport receiving the 
grant that the money is coming from that fund.

Section 106. Innovative financing techniques

    Subsection (a) permits 20 AIP grants using innovative 
financing techniques.
    Subsection (b) states that the purpose would be to provide 
information on the use of innovative financing techniques for 
airport development.
    Subsection (c) prohibits this section from being used to 
guarantee bonds.
    Subsection (d) lists the types of innovative financing 
techniques that can be used. They are--
          (1) payment of interest;
          (2) commercial bond insurance and other credit 
        enhancements associated with airport bonds; and
          (3) paying a higher local share of the grant.

Section 107. Airport security program

    Subsection (a) permits FAA to carry out at least one 
program to test and evaluate innovative airport security 
systems and related technology.
    Subsection (b) lists the factors that the FAA should 
consider in deciding which eligible sponsor should receive the 
grant.
    Subsection (c) makes clear that this grant does not require 
a local share.
    Subsection (d) permits FAA to impose terms and conditions 
on the grant.
    Subsection (e) defines an eligible sponsor as 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. The National Safe Skies Alliance 
would be an example of this.
    Subsection (f) authorizes $5 million per year for this 
program.

Section 108. Matching share for state block grant program

    Permits a grant under the State Block grant program in 
which the local share is more than the usual 10%.

Section 109. Treatment of certain facilities as airport-related 
        projects

    Permits PFCs to be used to fund the base terminal building 
and nearby fueling facilities if that would help provide gates 
for additional air service by a carrier that has less than 50% 
of the passengers at that airport.

Section 110. Terminal development costs

    Enables certain small airports to use their entitlement 
funds to help pay off the debt they incurred in constructing 
new terminal buildings.

Section 111. Conveyances of surplus property for public airports

    Subsection (a) gives a request of an airport for surplus 
property priority consideration.
    Subsection (b) requires FAA to provide notice and an 
opportunity to comment before waiving a restriction on an 
airport's ability to dispose of land. The length of the comment 
period is not specified but the Committee would suggest 45 days 
as an appropriate period.
    Subsection (c) requires FAA to consider the current and 
future needs of airport users as well as the interests of the 
owner in deciding whether to grant the waiver.
    Subsection (d) makes technical changes in the use of 
terminology.

Section 112. Construction of runways

    This section counters provisions in Appropriations Acts 
that prevent funding for an additional runway at a particular 
airport. It is not intended by this provision that that airport 
be given any special priority for AIP grants, only that it be 
given the same opportunity as any other airport to receive such 
grants.

Section 113. Potomac Metroplex terminal radar approach control facility

    Requires a study of FAA's plans regarding the Potomac 
Metroplex before selecting a site or beginning construction of 
that facility.

Section 114. General facilities authority

    Subsection (a) requires FAA to maintain an inventory of 
Instrument Landing Systems in light of the uncertainties 
surrounding the Wide Area Augmentation System.
    Subsection (b) requires FAA to maintain and upgrade Loran-C 
for the same reason.

Section 115. Transportation assistance for Olympic cities

    Gives priority for discretionary grants to airports that 
need to make improvements in order to host the Olympics.

Section 116. Denial of airport access to certain air carriers

    Allows reliever airports that do not have a certificate 
authorizing scheduled passenger operations to deny access to 
public charter operators that are providing notice of their 
schedule much as a regularly scheduled operator would.

Section 117. Period of applicability of amendments

    Repeals a provision that would otherwise require a return 
to the pre-1996 AIP formulas.

Section 118. Technical amendments

    Subsection (a) moves the small hub portion of the PFC turn-
back from the discretionary fund to the small airport fund and 
makes corresponding changes in the percentages so that non-hubs 
and general aviation airports will not suffer as a result of 
this change.
    Subsection (b) permits small commercial service airports 
that had a multi-year agreement with FAA for grants for 
terminal development to continue to receive those grants from 
the discretionary fund even if they lose primary airport 
status, subject to the availability of funds. In addition, the 
Committee is aware that there are some non-commercial airports 
seeking AIP grants to build passenger terminals so that 
airlines can begin commercial service there. The Committee 
would urge the FAA to favorably consider such requests to the 
extent the law permits if the airport has reasonable 
expectations of enough enplanements there to justify the grant.

                    TITLE II--CONTRACT TOWER PROGRAM

Section 201. Contract towers

    Paragraph (A) directs DOT to extend the current contract 
tower program to not more than 20 low activity air traffic 
control (ATC) towers that do not now qualify for the program.
    Paragraph (B) lists the characteristics of the airport that 
the FAA should consider in deciding which ones should get 
priority for this program. They are the following:
          (i) Airports that are participating in the current 
        program but have been notified that they will be 
        terminated because their benefit to cost ratio is less 
        than 1.
          (ii) Airports at which the tower was closed as a 
        result of the air traffic controllers strike in 1981.
          (iii) Airports that are receiving subsidized 
        essential air service.
          (iv) Airports that are prepared to assume the 
        construction and maintenance costs of the tower.
          (v) Airports with safety or operational problems 
        related to their topography, weather, runway 
        configuration, or mix of aircraft.
    Paragraph (C) requires the airport or State or local 
government to share in the costs of operating the tower to the 
extent that the costs of that operation exceed the benefits.
    Paragraph (D) authorizes $6 million for this program.

                     TITLE III.--FAMILY ASSISTANCE

Section 301. Responsibilities of National Transportation Safety Board

    Subsection (a) makes three changes to the current 
moratorium on the solicitation of families by lawyers following 
an accident. These changes are--
          (A) Applying the moratorium to accidents involving 
        foreign airlines that occur in this country;
          (B) Applying the moratorium to associates, agents, 
        employees or other representatives of the attorney; and
          (C) Increasing the moratorium period from 30 to 45 
        days.
The last two changes adopt recommendation 7.2 of the Final 
Report of the Task Force on Assistance to Families of Aviation 
Disasters that was established pursuant to section 704 of the 
Aviation Disaster Family Assistance Act of 1996, 110 Stat. 
3268. This subsection also provides for enforcement of the 
moratorium on lawyer solicitation.
    Subsection (b) allows Red Cross counselors and mental 
health workers to offer their services at the crash scene for 
30 days even if they are not licensed in that state. The NTSB's 
family liaison can extend this period for another 30 days if 
needed and if the local authorities are notified. This 
implements Recommendation 6 of the Task Force.
    Subsection (c) extends the family assistance services to 
employees of foreign airlines and to other people aboard the 
flight even if they did not pay for the seat or hold a 
reservation for the flight.
    Subsection (d) moves the free-standing provision in section 
705 of the Family Assistance Act into Title 49.

Section 302. Air carrier plans

    Subsection (a) mandates several changes to the airlines' 
disaster assistance plans. These changes are--
          (1) Requiring airlines, upon request, to inform the 
        family as to whether the person had a reservation on 
        the flight (This implements Task Force Recommendation 
        1.2.4.); and
    (2) Requiring airlines to provide adequate training to 
employees in meeting the needs of families (This implements 
Task Force Recommendation 1.4).
Airlines are given 180 days to update their disaster assistance 
plans in light of the above new requirements.
    Subsection (b) limits the liability of an airline that 
informs a family as to whether the person had a reservation on 
the flight.
    Subsection (c) is the same as subsection 301(d) above.

Section 303. Foreign air carrier plans

    Subsection (a) adds non-revenue passengers to those 
entitled to services under the Aviation Disaster Family 
Assistance Act.
    Subsection (b) changes a word so that the portions of the 
statute dealing with U.S. and foreign airlines will be 
consistent.
    Subsection (c) requires foreign airlines to provide the 
same training to employees as U.S. airlines. Foreign airlines 
are given 180 days following the date of enactment to update 
their disaster assistance plans to reflect this.

Section 304. Applicability of Death on the High Seas Act

    Makes clear that the Death on the High Seas Act does not 
apply to aviation accidents. The provision does not say what 
law would apply as the Committee expects courts to apply normal 
choice of law analysis considering such things as where the 
ticket was bought, where the parties reside, etc.

                 TITLE IV.--WAR RISK INSURANCE PROGRAM

Section 401. Aviation insurance program amendments

    Subsection (a) restates existing law permitting an airline 
to sue the U.S. government when a loss insured under the war 
risk program is in dispute. The subsection also adds a new 
provision permitting such lawsuits by an insurance company when 
that company is subrogated to the rights of an airline and the 
company has paid the airline for damage to an aircraft that is 
covered by premium insurance under the war risk program.
    Subsection (b) extends the program until December 31, 2003.

                            TITLE V.--SAFETY

Section 501. Cargo collision avoidance systems deadline

    Subsection (a) requires large cargo aircraft to be equipped 
with collision avoidance systems that are as good as TCAS II by 
December 31, 2002.
    Subsection (b) permits FAA to extend the deadline one year 
if that would promote safety. This is designed to accommodate a 
situation where a system that is as good or better than TCAS II 
is close to completion but needs a little more time that could 
be accommodated by this extra year.

Section 502. Records of employment of pilot applicants

    Makes the following changes to the Pilot Records 
Improvement Act:
          (1) Exempts the military from the requirement to 
        provide records;
          (2) Limits the records that must be provided to those 
        that involve the individual's performance as a pilot; 
        and
          (3) Allows an airline to hire a pilot previously 
        employed by a foreign airline without receiving the 
        records from that airline if it has made a documented 
        good faith effort to obtain those records.

Section 503. Whistleblower protection for FAA employees

    Restores the procedures for protecting FAA employees who 
``blow the whistle'' on safety problems.

Section 504. Safety risk mitigation programs

    Requires the FAA to issue guidelines and encourage the 
development of air safety risk mitigation programs throughout 
the aviation industry, including self-audit and self-disclosure 
programs. This is intended to implement one of the 
recommendations of the National Civil Aviation Review 
Commission that can be found at page III-20 of the Commission's 
report.

Section 505. Flight operations quality assurance rules

    Requires FAA to issue a rule to protect airlines and their 
employees from civil enforcement actions under the Flight 
Operations Quality Assurance (FOQA) program. FOQA is based on 
trust. If people feel they will be punished for sharing 
information, they will not provide it and the public safety 
benefit will be lost. Encouraging the voluntary sharing of 
safety-related information has been a long-standing interest of 
this Committee. See, for example, section 402 of the Federal 
Aviation Reauthorization Act of 1996, 110 Stat. 3255, and pages 
4 and 5 of H. Rept. 104-682.

Section 506. Small Airport certification

    Requires FAA to issue within 180 days the proposed rule 
implementing the requirement that small airports obtain a 
certificate that was imposed by section 404 of the Federal 
Aviation Reauthorization Act of 1996, 110 Stat. 3256. The final 
rule must be issued within 1 year of the close of the comment 
period. This provision does not override the requirements in 
subsections (d) and (e) of 49 U.S.C. 44706.

Section 507. Marking of life limited aircraft parts

    Subsection (a) requires FAA to issue a rule to require that 
all life-limited parts be permanently marked with some sort of 
phrase such as ``not to be used for aviation'' (or a readily 
identifiable symbol indicating the same) when they are removed 
from an aircraft because they are about to exceed their 
specified useful life. This would, of course, not require the 
marking of parts that have been melted down so that they no 
longer have any resemblance to their former state.
    Subsection (b) sets deadlines for the issuance of this 
rule.
    Subsection (c) adds the failure to mark life limited parts 
under the FAA's rule to the list of violations in section 
46301(a)(3) that are subject to a $10,000 civil penalty, 
subject to the inflation adjustment that applies to all the 
violations listed in that section.

                  TITLE VI.--WHISTLEBLOWER PROTECTION

Section 601. Protection of employees providing air safety information

    Subsection (a) prohibits an airline or a contractor of an 
airline from firing, or taking other adverse action against, an 
employee for doing any of the following:
          (1) Providing information to the Federal government 
        relating to air safety;
          (2) Filing or being about to file a proceeding 
        relating to airline safety;
          (3) Testifying or being about to testify in such a 
        proceeding; or
          (4) Assisting or participating in such a proceeding.
    Subsection (b) governs the filing of complaints by 
aggrieved whistleblowers.
    Paragraph (1) allows whistleblowers who believe they have 
been fired or otherwise treated unfairly in violation of 
subsection (a) to file a complaint with the Secretary of Labor 
within 180 days of the violation. The airline and the FAA must 
be notified of the complaint by the Labor Dept.
    Paragraph (2) directs the Labor Department, within 60 days 
of receiving a complaint, and after giving the airline an 
opportunity to respond, to launch an investigation to determine 
whether there is reason to believe the complaint has merit 
andto notify the parties of its findings. If Labor concludes that there 
is reason to believe a violation has occurred, it shall issue a 
preliminary order providing a remedy. Within 30 days of being notified 
of Labor's findings, either side may file objections and request a 
hearing but this shall not stay a reinstatement remedy in the 
preliminary order. If a hearing is not requested within 30 days, the 
preliminary order becomes a final order and is not subject to judicial 
review.
    Paragraph (3) describes the final order.
    Subparagraph (A) directs the Labor Secretary, within 120 
days after the end of the hearing, to issue a final order 
providing a remedy or denying the complaint. The matter can be 
settled at any time prior to the issuance of the final order.
    Subparagraph (B) lists the remedies that could be ordered. 
They are--
          (i) take action to abate the violation;
          (ii) reinstate the employee with back pay;
          (iii) provide monetary damages to the employee.
If an order is issued under paragraph (3), the Labor Secretary, 
at the request of the employee, shall assess the employee's 
attorney's fees against the airline.
    Subparagraph (C) permits the Labor Secretary to assess the 
airline's attorney's fees against the employee if the Secretary 
finds that the complaint was frivolous. Frivolous complaints 
are not defined but would probably include unfounded complaints 
potentially linked to other job-related matters.
    Paragraph (4) pertains to judicial review.
    Subparagraph (A) permits either party, within 60 days of 
the issuance of the final order, to appeal to the circuit court 
where the violation allegedly occurred or where the employee 
resided at the time of the violation. This shall not stay the 
order unless the court decides otherwise.
    Subparagraph (B) prohibits one from challenging the final 
order in another judicial proceeding if it could have been 
appealed under subparagraph (A) above.
    Paragraph (5) permits the Labor Secretary to enforce the 
order by bringing suit in a District court against the person 
that has failed to comply. The court may issue an injunction or 
provide other relief.
    Paragraph (6) allows one of the parties to enforce the 
Secretary's order.
    Subparagraph (A) allows the one who won the case before the 
Secretary to sue the other party to force compliance with the 
Secretary's order. The U.S. district court will have 
jurisdiction over the case.
    Subparagraph (B) allows the court to award attorney's fees 
as appropriate.
    Subsection (c) states that any nondiscretionary duty 
imposed by this section is enforceable in a mandamus 
proceeding.
    Subsection (d) makes clear that an employee could be fired 
if the employee, on his or her own, deliberately causes a 
violation of any requirement relating to airline safety.
    Subsection (e) uses a definition of ``contractor'' similar 
to the one found in the drug testing rules at 14 CFR 121, 
Appendix I. This will ensure that employees actually have some 
expertise in a safety-sensitive position in order to avail 
themselves of the protections offered by this legislation.

Section 602. Civil Penalty

    Provides a $1,000 civil penalty for the violation of this 
title.

               TITLE VII--CENTENNIAL OF FLIGHT COMMISSION

Section 701. Short title

    This section provides that this title may be cited as the 
``Centennial of Flight Commemoration Act.''

Section 702. Findings

    This section sets forth the reasons for the establishment 
of the Commission.

Section 703. Establishment

    This section establishes the Commission.

Section 704. Membership

    This section lists the members of the Commission and 
establishes procedures.

Section 705. Duties

    This section describes the duties of the Commission.

Section 706. Powers

    This section describes the authority of the Commission.

Section 707. Staff and support services

    Sets forth the staff of the Commission and exempts them 
from certain civil service laws.

Section 708. Contributions

    Permits donations of money, materials, and services to the 
Commission.

Section 709. Exclusive right to name, logos, emblems, seals, and marks

    Permits the Commission to devise any logo or emblems that 
it decides are appropriate.

Section 710. Reports

    Requires the Commission to submit annual reports to 
Congress and to submit a final report not later than June 30, 
2004.

Section 711. Audit of financial transactions

    Requires GAO to audit the financial transactions of the 
Commission.

Section 712. Advisory board

    Establishes a 19-member advisory Board.

Section 713. Definitions

    This section defines terms.

Section 714. Termination

    This section terminates the Commission 60 days after it 
submits its final report.

Section 715. Authorization of appropriations

    Authorizes $250,000 per year for the Commission.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Section 801. Clarification of regulatory approval process

    Requires the FAA to notify the Committee within 10 days of 
submitting a rule to DOT for review with the reasons why that 
rule was so submitted.

Section 802. Duties and powers of Administrator

    Lists the statutory responsibilities for which FAA is 
responsible.

Section 803. Prohibition on release of offeror proposals

    This section is similar to a provision in the National 
Defense Authorization Act of 1997 (P.L. 104-201, 110 Stat. 
2422, 2609) that provided that contractor proposals submitted 
to agencies in response to a solicitation for competitive bids 
are exempt from release under the Freedom of Information Act 
(FOIA). The FAA was not included in this exemption because, 
under procurement reform, it is exempt from the Federal 
Property and Administrative Services Act. This section would 
correct that omission. The section does permit FAA to release 
certain information relating to unsuccessful offeror proposals 
under procedures to be developed after public comment.

Section 804. Multiyear procurement contracts

    Permits FAA to make a contract for not more than 10 years 
for telecommunication services that are provided through the 
use of satellites. Generally, such contracts would be limited 
to 5 years.

Section 805. Federal Aviation Administration personnel management 
        system

    Subsection (a) states that the 60-day period for 
congressional review of a proposed change to the FAA's 
personnel management system shall not include any time during 
which Congress has adjourned for the year.
    Subsection (b) permits an employee to contest an adverse 
personnel action either through contractual grievance 
procedures if the employee is a member of a bargaining unit or 
through the FAA's internal grievance procedure known as 
``Guaranteed Fair Treatment.''
    Subsection (c) gives the employee the further option of 
appealing to the Merit Systems Protection Board (MSPB).
    Subsection (d) requires the DOT Inspector General to study 
the costs and benefits of the MSPB procedure and the Guaranteed 
Fair Treatment procedure, including a survey of employee 
preferences, and to report to Congress by May 15, 1999.

Section 806. General facilities and personnel authority

    Permits FAA to make improvements to real property leased 
for an air navigation facility if certain specified conditions 
are met.

Section 807. Implementation of Article 83 bis of the Chicago Convention

    This section provides the legislative authority for the 
implementation of Article 83 bis of the Convention on 
International Civil Aviation, 7 December 1944, 61 Stat. 1180, 
T.I.A.S. No. 1591, 15 U.N.T.S. 295, known as the Chicago 
Convention. (The suffix bis means that the new article is 
inserted between Articles 83 and 84.) The section permits the 
FAA, through bilateral agreement, to relinquish responsibility 
for U.S.-registered aircraft for which safety oversight 
responsibility is transferred abroad and accept responsibility 
for the foreign-registered aircraft whose oversight is 
transferred to the U.S. The transferred aircraft would be 
treated, for all practical safety oversight purposes only, as 
if they were on the registry of the other country. Paragraph 
(3) prohibits transferring responsibility for U.S.-registered 
aircraft to foreign nations that are not in compliance with 
their obligations under international law for the safety 
oversight of civil aviation. These would typically be countries 
that are in Category II or III under the FAA's international 
aviation safety assessment program.

Section 808. Public availability of airmen records

    Paragraph (1) requires the name and address of airmen to 
once again be made available to the public within 60 days of 
enactment notwithstanding privacy act considerations and 
subject to paragraph (2).
    Paragraph (2) requires that before an airman's address can 
be made available to the public, the airman be given an 
opportunity to withhold the address from public release.
    Paragraph (3) directs FAA to work with the aviation 
community to develop and implement not later than 30 days from 
the date of enactment a one-time written notification to airmen 
of the advantages and disadvantages to them of making their 
name and address publicly available.

Section 809. Government and industry consortia

    This codifies in Title 49 a provision from an 
Appropriations Act for fiscal year 1997 (Public Law 104-208) 
that allows FAA to establish consortia of government and 
aviation industry representatives at individual airports to 
provide advice on aviation security and safety.

Section 810. Passenger manifest

    This section returns to the pre-recodification language 
with respect to passenger manifests. A passenger manifest is a 
list of passengers aboard a flight. Prior to the re-
codification of Title 49, the law stated that the manifest 
should include certain information (Section 203 of Public Law 
101-604, 104 Stat. 3082, November 16, 1990). This was designed 
to indicate that DOT had flexibility in specifying the 
information to be included in the manifest. However, the 
recodification changed the word should to shall. In order to 
make DOT's flexibility clear, and because the 1994 
recodification expressly stated that it made no substantive 
change in law, this section returns to the original wording.

Section 811. Cost recovery for foreign aviation services

    This section clarifies the FAA's authority to collect fees 
for foreign aviation services provided by the FAA, such as 
those provided at foreign repair stations and for other foreign 
activities. The FAA has collected such fees since 1995.

Section 812. Technical corrections to civil penalty provisions

    Paragraph (1) deletes references in section 46301(a)(1)(A) 
to section 46302 (providing false information) and section 
46303 (carrying a weapon). Section 46301(a)(1)(A) limits civil 
penalties to $1,000 while sections 46302 and 46303 impose 
penalties of $10,000 by their own terms. Deleting the reference 
would make clear that violations of these two sections carry a 
maximum civil penalty of $10,000.
    Paragraph (2) makes clear that not only individuals, but 
also other persons such as airlines, are entitled to notice and 
an opportunity for a hearing.
    Paragraph (3) adds a reference in the judicial review 
section to orders of the Administrator since civil penalty 
authority also rests in that office.

Section 813. Enhanced vision technologies

    Requires a study of enhanced vision technologies and makes 
them eligible for AIP funding. This section also requires FAA 
to submit to Congress a schedule for certifying laser guidance 
equipment and cold cathode lighting equipment.

Section 814. Foreign carriers eligible for waiver under Airport Noise 
        and Capacity Act

    This section would make foreign airlines eligible for the 
same waiver from the December 31, 1999 date for compliance with 
Stage 3 noise levels as is provided to U.S. airlines under the 
Airport Noise and Capacity Act of 1990 (Section 9308(b) of the 
Omnibus Budget Reconciliation Act of 1990). Nothing in this 
section should be construed as encouraging the FAA to grant 
such waivers.

Section 815. Typographical errors

    This section consists of technical changes suggested by FAA 
that are not intended to make any substantive change but rather 
to correct typographical errors.

Section 816. Acquisition management system

    This section would give the FAA flexibility to enter into 
contracts for procurement of severable services that begin in 
one year and end in another. Prior to procurement reform, FAA 
had this flexibility under the Federal Acquisition Streamlining 
Act of 1994 (41 U.S.C. 253l).

Section 817. Independent validation of FAA costs and allocations

    Directs the DOT Inspector General to undertake an analyses 
of the cost accounting system that FAA is developing to ensure 
that it is appropriate, reasonable, and understandable.

Section 818. Elimination of backlog of equal employment opportunity 
        complaints

    Authorizes $2 million to help DOT eliminate the backlog of 
pending equal employment opportunity complaints.

Section 819. Newport News, Virginia

    Removes deed restrictions at the airport at Newport News, 
subject to the standard conditions for such waivers.

Section 820. Grant of easement, Los Angeles, California

    Permits the granting of an easement to build a road that 
could improve access to Palmdale Airport.

Section 821. Regulation of Alaska air guides

    Directs the FAA to reopen its decision to apply Part 135 
rules to Alaska air guides in order to provide an opportunity 
for affected parties to comment.

                    Hearings and Legislative History

    The Subcommittee on Aviation held hearings on the Airport 
Improvement Program and the reauthorization of the FAA on March 
12, 18, 19, and 25, 1998. H.R. 4057 was introduced on June 16, 
1998. The Committee has not held hearings on the reported 
legislation.

                        Committee Consideration

    On June 18, 1998, the Subcommittee on Aviation reported the 
bill, by unanimous voice vote, to the Committee on 
Transportation and Infrastructure. On June 25, 1998, the 
Committee met in open session and ordered the bill reported, 
with an amendment, by voice vote with a quorum present. There 
were no recorded votes taken during Committee consideration of 
H.R. 4057.

                            Roll Call Votes

    Clause 2(l)(2)(B) of rule XI requires each committee report 
to include the total number of votes cast for and against on 
each roll call vote on a motion to report and on any amendment 
offered to the measure or matter, and the names of those 
members voting for and against. There were no recorded votes 
taken in connection with ordering H.R. 4057 reported. A motion 
by Mr. Duncan to order H.R. 4057 favorably reported to the 
House, with amendment, was agreed to by voice vote, a quorum 
being present.

                      Committee Oversight Findings

    With respect to the requirements of clause 2(1)(3)(A) of 
rule XI of the Rules of House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                        Cost of the Legislation

    Clause 7 of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included below.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 4057.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4057 from the Director of the Congressional Budget Office.
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 17, 1998.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4057, the Airport 
Improvement Program Reauthorization Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Clare 
Doherty (for Federal costs), Lisa Cash Driskill (for the state 
and local impact), and Jean Wooster (for the private-sector 
impact).
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure:

               congressional budget office cost estimate

H.R. 4057--Airport Improvement Program Reauthorization Act of 1998

    Summary: H.R. 4057 would reauthorize funding for programs 
at the Federal Aviation Administration (FAA) for fiscal year 
1999. The bill would provide $2.3 billion in contract authority 
for the airport improvement program and authorize the 
appropriation of $7.8 billion for FAA operations, facilities, 
and equipment. In addition, the bill would authorize the 
appropriation of $6 million a year for the contract tower 
program, $250,000 a year from 1999 through 2004 for the 
Centennial Flight Commission, and $2 million for fiscal year 
1999 to hire additional personnel at the Department of 
Transportation (DOT)
    H.R. 4057 would expand a pilot program that provides for an 
innovative use of airport improvement grant funds. The Joint 
Committee on Taxation (JCT) expects that this provision would 
result in an increase in tax-exempt financing and subsequent 
loss of federal revenue. JCT estimates a revenue loss over the 
1999-2003 period of $2 million, with additional losses between 
$500,000 and $1 million a year through 2008. Enacting H.R. 4057 
could increase collections of civil penalties, which are 
governmental receipts, but CBO estimates that any such increase 
in collections would be negligible. Because enacting H.R. 4057 
would affect receipts (and could affect direct spending), pay-
as-you-go procedures would apply to the bill.
    H.R. 4057 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates 
it would have an insignificant impact on the budgets of state 
and local governments and no effect on the budgets of tribal 
governments. In general the bill would benefit the budgets of 
state and local governments.
    H.R. 4057 would impose private-sector mandates, as defined 
by UMRA, on domestic and foreign air carriers, the end users of 
life-limited aircraft parts, and owners and operators of cargo 
aircraft. CBO cannot determine whether the direct costs of the 
mandate would exceed the annual threshold for private-sector 
mandates ($100 million in 1996, adjusted forinflation), 
primarily because of the uncertainty about the cost of marking life-
limited aircraft parts. The cost of the other private-sector mandates 
in the bill would be below the threshold.
    Description of the bill's major provisions: Title I would 
reauthorize FAA's airport improvement program, facilities and 
equipment program, and operations program. The bill also would 
prohibit the Secretary of Transportation from selecting a site 
and beginning construction of the Potomac Metroplex Terminal 
Radar Approach Facility until the Administrator of the FAA 
submits a report to the Congress. Title II would authorize the 
appropriation of $6 million per fiscal year for the contract 
tower program.
    Title III would amend Title 49 of the U.S. Code so that the 
Death on the High Seas Act of 1920 (DOHSA) would not apply to 
aviation incidents. The Warsaw Convention of 1929 and DOHSA 
provide families of victims of aviation disasters with legal 
remedies to seek financial compensation for the loss of a 
family member. The Warsaw Convention is the primary basis for 
lawsuits related to international airline disasters. Under the 
Warsaw Convention, families of passengers who die in an 
aviation disaster can seek limited financial compensation for 
their loss. Under DOHSA, a family can seek compensation only if 
the family was financially dependent upon the deceased. The 
Supreme Court recently ruled that DOHSA applies to lawsuits 
when an aviation crash occurs more than three miles from land. 
By making DOHSA inapplicable to aviation incidents, H.R. 4057 
would broaden the circumstances under which relatives can seek 
compensation for the death of a family member in an aviation 
incident over the ocean. It could also lead to larger awards.
    Title IV would amend the aviation insurance program and 
make clear that an insured party could purchase an additional 
insurance policy from a third party under which the third party 
would, in the event of a claim, reimburse the insured party 
immediately and then seek reimbursement from the federal 
government. Such a contract would allow parties insured under 
the aviation insurance program to be assured of immediate 
reimbursement for any claims.
    Title VI would establish a whistleblower protection program 
for employees of air carriers, or contractors and 
subcontractors of an air carrier. If a complaint is filed, the 
Secretary of Labor would conduct an investigation. H.R. 4057 
would establish civil penalties for violations of this 
provision.
    Title VII would establish the Centennial of Flight 
Commission and the First Flight Centennial Advisory Board. The 
commission would be composed of seven members that would plan 
programs and activities for the 100th anniversary of powered 
flight. The commission would coordinate with other federal 
agencies to plan activities and programs. The Executive 
Director and staff of the commission would receive paid 
compensation. The commission would be able to accept donations 
of money, personal services, and historic materials. Any 
donated funds remaining with the commission at the termination 
of the activities, and after all bills are paid, would be 
deposited in the general fund of the Treasury. Each fiscal 
year, the commission would be required to complete a report. In 
addition, the Comptroller General of the General Accounting 
Office would be required to audit the financial transactions of 
the commission and submit a report no later than September 30, 
2004. H.R. 4057 would authorize annual appropriations of 
$250,000 for the commission.
    The bill also would require the Administrator of the FAA to 
contact all airmen by written notification and inform them that 
their address may be made available to the public unless the 
FAA is told otherwise.
    The bill would authorize the appropriation of $2 million in 
fiscal year 1999 to hire or contract for additional personnel 
to eliminate the backlog of pending equal employment 
opportunity complaints at DOT. In addition, H.R. 4057 would 
expand the definition of those required to pay overflight fees 
to the FAA.
    Title VIII would require the Inspector General to complete 
studies and reports on the Merit System Protection Board and 
FAA costs and allocations. In addition, the Inspector General 
would be required to contract with an independent entity to 
assess the FAA's efficiency and effectiveness.
    Finally, H.R. 4057 would require the Secretary of 
Transportation and the Administrator of the FAA to complete 
numerous studies and rulemakings, issue guidelines and rules, 
and publish subsequent reports.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 4057 would result in additional outlays 
of about $10 billion over the 1999-2003 period and a net loss 
of federal revenues of $2 million over the same period. The 
estimated budgetary impact of H.R. 4057 is shown in the 
following table. The costs of this legislation fall within 
budget function transportation (400).

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                 By Fiscal Year in Millions of Dollars          
                                                     -----------------------------------------------------------
                                                        1998      1999      2000      2001      2002      2003  
----------------------------------------------------------------------------------------------------------------
                                                 DIRECT SPENDING                                                
Spending Under Current Law                                                                                      
    Budget Authority................................     1,935         0         0         0         0         0
    Estimated Outlays...............................         0         0         0         0         0         0
Proposed Changes                                                                                                
    Budget Authority................................         0     2,347         0         0         0         0
    Estimated Outlays...............................         0         0         0         0         0         0
Total Spending Under H.R. 4057                                                                                  
    Budget Authority................................     1,935     2,347         0         0         0         0
    Estimated Outlays...............................         0         0         0         0         0         0
                                                                                                                
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending Under Current Law                                                                                      
    Budget Authority \1\............................     7,178         0         0         0         0         0
    Estimated Outlays...............................     8,820     3,342     1,329       623       143        68
Proposed Changes                                                                                                
    Authorization Level.............................         0     7,771         6         6         6         6
    Estimated Outlays...............................         0     6,026     2,414       925       561       124
Total Spending Under H.R. 4057                                                                                  
    Authorization Level \1\.........................     7,178     7,771         6         6         6         6
    Estimated Outlays...............................     8,820     9,368     3,743     1,549       704       192
                                                                                                                
                                                CHANGES REVENUES                                                
Estimated Revenues..................................         0     (\2\)     (\2\)     (\2\)        -1        -1
----------------------------------------------------------------------------------------------------------------
Note: Enacting H.R. 4057 could also affect revenues by increasing collections from civil penalties and from     
  donations for the proposed commission. Any donations would then result in additional direct spending. CBO     
  estimates that the amounts involved would be negligible for both additional revenues and direct spending.     
\1\ The 1998 level is the amount appropriated for that year.                                                    
\2\ Less than $500,000.                                                                                         

    Basis of estimate: Implementing H.R. 4057 would affect 
direct spending, spending subject to appropriation, and 
revenues. In particular, the bill would provide $2.3 billion in 
contract authority (a form of direct spending) for the airport 
improvement program and authorize the appropriation of $7.8 
billion for the operations and facilities and equipment 
accounts. All of the outlays from this contract authority would 
be controlled by annual obligation limitations imposed through 
the appropriations process. All of the projected outlays 
controlled by appropriation action, whether from appropriated 
budget authority or annually limited contract authority, are 
categorized as spending subject to appropriation. Estimates of 
outlays are based on historical spending patterns for the 
affected programs and information provided by DOT and FAA 
staff.
    Spending subject to appropriation: For purposes of this 
estimate, CBO assumes that the amounts authorized for aviation 
programs will be appropriated for each fiscal year. Because 
most of the outlays from contract authority are governed by 
annual obligation limitations in appropriation acts, they are 
discretionary and are included in the table as estimated 
outlays subject to appropriation.
    H.R. 4057 would provide $2.3 billion in contract authority 
for the airport improvement program and authorize the 
appropriation of $5.6 billion for FAA operations and $2.1 
billion for facilities and equipment in fiscal year 1999. In 
addition, the bill would authorize the appropriation of $6 
million a year for a program to contract for air traffic 
control services at not more than 20 air traffic control 
towers, $250,000 for each fiscal year from 1999 through 2004 
for the National Flight Commission, and $2 million in fiscal 
year 1999 to hire additional personnel at DOT.
    H.R. 4057 contains several additional provisions that would 
require the FAA to conduct studies and complete reports. CBO 
assumes that all such costs would be funded from the 
authorization amounts provided in the bill for FAA operations, 
facilities, and equipment. In total, CBO estimates that studies 
and reports required by the bill would cost about $12 million. 
Of that total, the required assessment of FAA costs and 
allocations--to be completed by an independent contractor and 
the DOT Inspector General--would cost $7.5 million. Costs 
related to delaying construction and reporting on the Potomac 
Metroplex Terminal Radar Approach Facility would total about 
$1.5 million. CBO estimates that other costs of analysis and 
reporting would total about $3 million.
    Revenues: H.R. 4057 would expand a pilot program that 
provides for an innovative use of the airport improvement grant 
funds to implement innovative financing techniques for airport 
capital projects. These techniques include payment of interest, 
purchase of bond insurance, andother credit enhancement 
associated with airport bonds. While the first pilot program, enacted 
in 1996, included these provisions, the early use of the program was 
geared more toward changing federal/local matching ratios. In addition, 
the earlier authorization provided for no more than 10 projects. This 
provision represents an expansion to 20 pilot projects. It is designed 
to leverage new investment financed by additional tax-exempt debt. JCT 
expects that this provision would result in an increase in tax-exempt 
financing and subsequent loss of federal revenue. JCT estimates a loss 
of revenue of $2 million over the 1999-2003 period and $6 million over 
the 1999-2008 period.
    The provisions establishing new civil penalties and 
allowing the proposed commission to accept donations also could 
affect revenues, but CBO estimates that any such effects would 
not be significant.
    Direct spending: Spending from donations to the commission 
would also constitute additional direct spending, but CBO 
expects that those amounts, if any, would be negligible.
    Amending Title 49 so that the DOHSA would not apply to 
aviation incidents would probably not have a significant impact 
on the federal budget. The bill could affect federal spending 
if the government becomes either a defendant or a plaintiff in 
a future civil action related to aviation, but CBO has no basis 
for estimating the likelihood or outcome of any such potential 
actions.
    The airline insurance provision clarifies existing law. 
Enacting this provision could affect federal spending if the 
clarification made the aviation insurance program more 
acceptable to carriers and thereby increased the number of 
insured flights--and potential claims--under the program. CBO 
expects, however, that there would be no significant budgetary 
effect over the next five years.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act sets up pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. The net changes in outlays and governmental receipts 
that are subject to pay-as-you-go procedures are shown in the 
following table. For the purposes of enforcing pay-as-you-go 
procedures, only the effects in the current year, the budget 
year, and the succeeding four years are counted.

                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          By Fiscal Year, in Millions of Dollars                        
                                                                 ---------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003    2004    2005    2006    2007    2008 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays..............................................       0       0       0       0       0       0       0       0       0       0       0
Changes in receipts.............................................       0       0       0      -1      -1      -1      -1      -1      -1      -1      -1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on State, local, and Tribal governments: 
H.R. 4057 would prohibit a state or local government from 
preventing people associated with disaster counseling services 
who are not licensed in that state from providing those 
services for up to 60 days after an aviation accident. This 
prohibition would constitute an intergovernmental mandate as 
defined in UMRA. However, because it would not require state or 
local governments to expend funds, CBO estimates that it would 
impose insignificant costs on state and local governments.
    Overall, the bill would increase the uses of funding from 
the airport improvement program (AIP) available to state and 
local governments operating airports. In addition, the 
percentage of funds earmarked for non-primary and general 
aviation airports would increase.
    The AIP also provides capital improvement grants to the 
nations 413 primary airports. The formula to distribute these 
grants would be changed to provide a safety net for smaller 
airports when AIP funding drops below $1.35 billion in a given 
year. In doing so, the bill could result in a reallocation of 
funds from larger to smaller airports in some years.
    Eligibility for grants under the military airport program 
would be expanded from 12 airports to 15 airports. Finally, the 
bill would establish a contract tower program and authorize $6 
million to subsidize the cost of air traffic control services 
at up to 20 locations not currently served by the Department of 
Transportation air traffic control contract programs.
    Estimated impact on the private sector: H.R. 4057 would 
impose private-sector mandates, as defined by UMRA, on domestic 
and foreign air carriers, the end users of life-limited 
aircraft parts, and owners and operators of cargo aircraft. CBO 
cannot determine whether the direct costs of the mandate would 
exceed the annual threshold for private-sector mandates ($100 
million in 1996, adjusted for inflation), primarily because of 
the uncertainty about the cost of marking life-limited 
aircraftparts. The cost of the other private-sector mandates in the 
bill would fall below the threshold.
    Air carrier plans: Sections 302 and 303 would add new 
requirements to the plans to address the needs of families of 
passengers involved in aircraft accidents. Currently both 
domestic air carriers that hold a certificate of public 
convenience and necessity and foreign air carriers that use the 
United States as a point of embarkation, destination, or 
stopover are required to submit and comply with those plans. 
This bill would require that as part of those plans air 
carriers give assurance that they would provide adequate 
training to their employees and agents to meet the needs of 
survivors and family members following an accident. In 
addition, domestic air carriers would be required to provide 
assurance that upon a request from a passenger's family, the 
air carrier would inform them if the passenger's name appeared 
on the preliminary manifest. Updated plans would have to be 
submitted to the Secretary of Transportation and the Chairman 
of the National Transportation Safety Board on or before the 
180th day following enactment.
    The bill does not specify what level of training would be 
adequate for air carriers to be able to provide required 
assurance. Based on information from representatives of air 
carriers, CBO concludes that the major domestic and foreign air 
carriers and some smaller carriers currently provide training 
to deal with the needs of survivors and family members 
following an accident. In addition, the domestic carriers 
provide flight reservation information upon request as would be 
required under H.R. 4057. Although the bill does not specify 
how air carriers would provide an assurance of adequate 
training, CBO estimates that the cost of meeting those 
additional requirements would be small.
    Whistleblower protection: Title VI would protect employees 
of air carriers, contractors, or subcontractors that provide 
air safety information to the United States Government. Those 
firms would not be able to discharge or discriminate against 
such employees with respect to compensation, terms, conditions, 
or privilege of employment. Based on information provided by a 
major air carrier and the Occupational Safety and Health 
Administration, the agency that would enforce those provisions, 
CBO estimates that neither the air carriers nor their 
contractors would incur any direct costs in complying with the 
whistleblower protection.
    End users of life-limited aircraft parts: Section 809 would 
require the permanent marking of all civil aircraft parts that 
exceed their useful life when they are removed from an 
aircraft. The bill would also require that the FAA conduct a 
rulemaking procedure to determine the most effective method of 
such marking. Representatives of the industry and FAA are not 
able to estimate the economic impact of this requirement, since 
both the method of marking and the number of life-limited 
aircraft parts that would be affected by this mandate are 
currently not known.
    Cargo aircraft owners and operators: Title V would mandate 
that a cargo collision avoidance system be installed on each 
cargo aircraft with a payload capacity of 15,000 kilograms or 
more by December 31, 2002. Cargo industry representatives say 
they are currently developing a collision avoidance system and 
expect it to be installed in such cargo aircraft by the 
deadline. Thus, CBO estimates that cargo aircraft owners and 
operators would not incur any additional costs from passage of 
this bill.
    Previous CBO estimates: On July 9, 1998, CBO provided a 
cost estimate for H.R. 4058, as reported by the House Committee 
on Transportation and Infrastructure on June 25, 1998. Section 
401 of H.R. 4057 is identical to a section in H.R. 4058 
pertaining to aviation insurance and third-party liability.
    On July 24, 1997, CBO provided a cost estimate for H.R. 
2005, as reported by the House Committee on Transportation and 
Infrastructure on July 23, 1997. Section 304 of H.R. 4057 is 
virtually identical to H.R. 2005.
    Estimate prepared by: Federal Costs: Clare Doherty. Impact 
on State, Local, and Tribal Governments: Lisa Cash Driskill. 
Impact on the Private Sector: Jean Wooster.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of the Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                   Constitutional Authority Statement

    Pursuant to clause (2)(l)(4) of rule XI of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                      Advisory Committee Statement

    The bill establishes an advisory committee within the 
meaning of section 5(b) of the Federal Advisory Committee Act. 
In the view of the Committee, the functions of the Commission 
are not and could not be accomplished by one or more other 
agencies or by an advisory committee already in existence, or 
by enlarging the mandate of an existing advisory committee.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


Sec. 106. Federal Aviation Administration

  (a) * * *

           *       *       *       *       *       *       *

  (f) Authority of the Secretary and the Administrator.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Regulations.--
                  (A) * * *
                  (B) Approval of secretary of 
                transportation.--(i) * * *

           *       *       *       *       *       *       *

                  (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.

           *       *       *       *       *       *       *

  (g) Duties and Powers of Administrator.--(1) Except as 
provided in paragraph (2) of this subsection, the Administrator 
shall carry out--
          (A) duties and powers of the Secretary of 
        Transportation under subsection (f) of this section 
        related to aviation safety (except those related to 
        transportation, packaging, marking, or description of 
        hazardous material) and stated in sections 308(b), 
        1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 
        40109(b), [40113(a), (c), and (d), 40114(a), 40119, 
        44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 
        44505, 44507, 44508, 44511-44513, 44701-44716, 
        44718(c), 44721(a), 44901, 44902, 44903(a)-(c) and (e), 
        44906, 44912, 44935-44937, and 44938(a) and (b), 
        chapter 451, sections 45302-45304,] 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 46104, 46301(d) and (h)(2), 
        46303(c), 46304-46308, 46310, 46311, and 46313-46316, 
        chapter 465, and sections 47504(b)(related to flight 
        procedures), 47508(a), and 48107 of this title; and

           *       *       *       *       *       *       *

  (k) Authorization of Appropriations for Operations.--
          (1) In general.--There is authorized to be 
        appropriated to the Secretary of Transportation for 
        operations of the Administration [$5,158,000,000 for 
        fiscal year 1997 and $5,344,000,000 for fiscal year 
        1998.] $5,632,000,000 for fiscal year 1999.
          (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; and
                  (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.

           *       *       *       *       *       *       *


SUBTITLE II--OTHER GOVERNMENT AGENCIES

           *       *       *       *       *       *       *


CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

           *       *       *       *       *       *       *


SUBCHAPTER III--AUTHORITY

           *       *       *       *       *       *       *


Sec. 1136. Assistance to families of passengers involved in aircraft 
                    accidents

  (a) * * *

           *       *       *       *       *       *       *

  (g) Prohibited Actions.--
          (1) * * *
          (2) Unsolicited communications.--In the event of an 
        accident involving an air carrier providing interstate 
        or foreign air transportation, and in a case involving 
        a foreign air carrier and an accident that occurs 
        within the United States, no unsolicited communication 
        concerning a potential action for personal injury or 
        wrongful death may be made by an attorney (including 
        any associate, agent, employee, or other representative 
        of the attorney) or any potential party to the 
        litigation to an individual injured in the accident, or 
        to a relative of an individual involved in the 
        accident, before the [30th] 45th day following the date 
        of the accident.
          (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.
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Aircraft accident.--The term ``aircraft 
        accident'' means any aviation disaster regardless of 
        its cause or suspected cause.
          [(2) Passenger.--The term ``passenger'' includes an 
        employee of an air carrier aboard an aircraft.]
          (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.
  (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.

                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

Sec. 1151. Aviation enforcement

  (a) Civil Actions by Board.--The National Transportation 
Safety Board may bring a civil action in a district court of 
the United States against a person to enforce section 1132, 
1134(b) or (f)(1) (related to an aircraft accident), 
1136(g)(2), or 1155(a) of this title or a regulation prescribed 
or order issued under any of those sections. An action under 
this subsection may be brought in the judicial district in 
which the person does business or the violation occurred.
  (b) Civil Actions by Attorney General.--On request of the 
Board, the Attorney General may bring a civil action in an 
appropriate court--
          (1) to enforce section 1132, 1134(b) or 
        (f)(1)(related to an aircraft accident), 1136(g)(2), or 
        1155(a) of this title or a regulation prescribed or 
        order issued under any of those sections; and
          (2) to prosecute a person violating those sections or 
        a regulation prescribed or order issued under any of 
        those sections.
  (c) Participation of Board.--On request of the Attorney 
General, the Board may participate in a civil action to enforce 
section 1132, 1134(b) or (f)(1)(related to an aircraft 
accident), 1136(g)(2), or 1155(a) of this title.

           *       *       *       *       *       *       *


SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

           *       *       *       *       *       *       *


Sec. 5108. Registration

  (a) * * *

           *       *       *       *       *       *       *

  (f) Availability of Statements.--The Secretary of 
Transportation shall make a registration statement filed under 
subsection (a) of this section available for inspection by any 
person for a fee the Secretary establishes. However, this 
subsection does not require the release of information 
described in section [552(f)] 552(b) of title 5 or otherwise 
protected by law from disclosure to the public.

           *       *       *       *       *       *       *


SUBTITLE IV--INTERSTATE TRANSPORTATION

           *       *       *       *       *       *       *


PART C--PIPELINE CARRIERS

           *       *       *       *       *       *       *


CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

           *       *       *       *       *       *       *


Sec. 15904. Rights and remedies of persons injured by pipeline carriers

  (a) * * *

           *       *       *       *       *       *       *

  (c) Complaints.--
          (1) Filing.--A person may file a complaint with the 
        Board under section 15901(b) or bring a civil action 
        under subsection (b) to enforce liability against a 
        pipeline carrier providing transportation subject to 
        this part.

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


                    PART A--AIR COMMERCE AND SAFETY

                           SUBPART I--GENERAL

CHAPTER 401--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 40110. General procurement authority

  (a) * * *

           *       *       *       *       *       *       *

  (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. 40111. Multiyear procurement contracts for services and related 
                    items

  (a) * * *
  (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.
  [(b)] (c) Required Findings.--The Administrator may make a 
contract under this section only if the Administrator finds 
that--
          (1) * * *
  [(c)] (d) Considerations.--When making a contract under this 
section, the Administrator shall be guided by the following:
          (1) * * *

           *       *       *       *       *       *       *

  [(d)] (e) Ending Contracts.--A contract made under this 
section shall be ended if amounts are not made available to 
continue the contract into a subsequent fiscal year. The cost 
of ending the contract may be paid from--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 40117. Passenger facility fees

  (a) * * *

           *       *       *       *       *       *       *

  (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. 40120. Relationship to other laws

  (a) Nonapplication.--Except as provided in the International 
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the 
navigation and shipping laws of the United States (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)) and the rules for the prevention of collisions do not 
apply to aircraft or to the navigation of vessels related to 
those aircraft.

           *       *       *       *       *       *       *


Sec. 40122. Federal Aviation Administration personnel management system

  (a) In General.--
          (1) * * *
          (2) Mediation.--If the Administrator does not reach 
        an agreement under paragraph (1) with the exclusive 
        bargaining representatives, the services of the Federal 
        Mediation and Conciliation Service shall be used to 
        attempt to reach such agreement. If the services of the 
        Federal Mediation and Conciliation Service do not lead 
        to an agreement, the Administrator's proposed change to 
        the personnel management system shall not take effect 
        until 60 days have elapsed after the Administrator has 
        transmitted the proposed change, along with the 
        objections of the exclusive bargaining representatives 
        to the change, and the reasons for such objections, to 
        Congress. The 60-day period shall not include any 
        period during which Congress has adjourned sine die.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                    SUBPART II--ECONOMIC REGULATION

CHAPTER 411--AIR CARRIER CERTIFICATES

           *       *       *       *       *       *       *


Sec. 41113. Plans to address needs of families of passengers involved 
                    in aircraft accidents

  (a) Submission of Plans.--[Not later than 6 months after the 
date of the enactment of this section, each air carrier] Each 
air carrier holding a certificate of public convenience and 
necessity under section 41102 of this title shall submit to the 
Secretary and the Chairman of the National Transportation 
Safety Board a plan for addressing the needs of the families of 
passengers involved in any aircraft accident involving an 
aircraft of the air carrier and resulting in a major loss of 
life.
  (b) Contents of Plans.--A plan to be submitted by an air 
carrier under subsection (a) shall include, at a minimum, the 
following:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          (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.
  (c) Certificate Requirement.--[After the date that is 6 
months after the date of the enactment of this section, the 
Secretary] The Secretary may not approve an application for a 
certificate of public convenience and necessity under section 
41102 of this title unless the applicant has included as part 
of such application a plan that meets the requirements of 
subsection (b).
  (d) Limitation on Liability.--An air carrier shall not be 
liable for damages in any action brought in a Federal or State 
court arising out of the performance of the air carrier in 
preparing or providing a passenger list, or in providing 
information concerning a flight reservation, pursuant to a plan 
submitted by the air carrier under subsection (b), unless such 
liability was caused by conduct of the air carrier which was 
grossly negligent or which constituted intentional misconduct.

           *       *       *       *       *       *       *

  (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.

CHAPTER 413--FOREIGN AIR TRANSPORTATION

           *       *       *       *       *       *       *


Sec. 41313. Plans to address needs of families of passengers involved 
                    in foreign air carrier accidents

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Aircraft accident.--The term ``aircraft 
        accident'' means any aviation disaster, regardless of 
        its cause or suspected cause, that occurs within the 
        United States; and
          [(2) Passenger.--The term ``passenger'' includes an 
        employee of a foreign air carrier or air carrier aboard 
        an aircraft.]
          (2) Passenger.--The term ``passenger'' has the 
        meaning given such term by section 1136 of this title.
  (b) Submission of Plans.--A foreign air carrier providing 
foreign air transportation under this chapter shall transmit to 
the Secretary of Transportation and the Chairman of the 
National Transportation Safety Board a plan for addressing the 
needs of the families of passengers involved in an aircraft 
accident that involves an aircraft under the control of the 
foreign air carrier and results in a [significant] major loss 
of life.
  (c) Contents of Plans.--To the extent permitted by foreign 
law which was in effect on the date of the enactment of this 
section, a plan submitted by a foreign air carrier under 
subsection (b) shall include the following:
          (1) * * *

           *       *       *       *       *       *       *

          (15) An assurance that the foreign air carrier will 
        provide adequate training to the employees and agents 
        of the carrier tomeet the needs of survivors and family 
members following an accident.

           *       *       *       *       *       *       *


CHAPTER 421--LABOR-MANAGEMENT PROVISIONS

           *       *       *       *       *       *       *


            SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

42121. Protection of employees providing air safety information.

           *       *       *       *       *       *       *


            SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

Sec. 42121. Protection of employees providing air safety information

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

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 443--INSURANCE

           *       *       *       *       *       *       *


Sec. 44309. Civil actions

  [(a) Disputed Losses.--A person may bring a civil action in a 
district court of the United States against the United States 
Government when a loss insured under this chapter is in 
dispute. 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. 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.]
  (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.

           *       *       *       *       *       *       *


Sec. 44310. Ending effective date

  The authority of the Secretary of Transportation to provide 
insurance and reinsurance under this chapter is not effective 
after December 31, [1998] 2003.

           *       *       *       *       *       *       *


CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH

           *       *       *       *       *       *       *


Sec. 44502. General facilities and personnel authority

  (a) General Authority.--(1) * * *

           *       *       *       *       *       *       *

          (4) Purchase of instrument landing system.--
                  (A) Establishment of program.--The Secretary 
                shall purchase precision approach instrument 
                landing system equipment for installation at 
                airports on an expedited basis.
                  (B) Authorization.--No less than $30,000,000 
                of the amounts appropriated under section 
                48101(a) for [each of fiscal years 1995 and 
                1996] fiscal year 1999 shall be used for the 
                purpose of carrying out this paragraph, 
                including acquisition under new or existing 
                contracts, site preparation work, installation, 
                and related expenditures.
          (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.
          (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.

           *       *       *       *       *       *       *


                     CHAPTER 447--SAFETY REGULATION

Sec.
44701.  General requirements.
     * * * * * * *
44725.  Marking of life limited aircraft parts.

Sec. 44701. General requirements

  (a) * * *

           *       *       *       *       *       *       *

  (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.
  [(e)] (f) Exemptions.--The Administrator may grant an 
exemption from a requirement of a regulation prescribed under 
subsection (a) or (b) of this section or any of sections 44702-
44716 of this title if the Administrator finds the exemption is 
in the public interest.
  (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. 44703. Airman certificates

  (a) * * *

           *       *       *       *       *       *       *

  (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).
  [(c)] (d) Appeals.--(1) An individual whose application for 
the issuance or renewal of an airman certificate has been 
denied may appeal the denial to the National Transportation 
Safety Board, except if the individual holds a certificate 
that--
          (A) * * *

           *       *       *       *       *       *       *

  [(d)] (e) Restrictions and Prohibitions.--The Administrator 
of the Federal Aviation Administration may--
          (1) * * *

           *       *       *       *       *       *       *

  [(e)] (f) Controlled Substance Violations.--The Administrator 
of the Federal Aviation Administration may not issue an airman 
certificate to an individual whose certificate is revoked under 
section 44710 of this title except--
          (1) * * *

           *       *       *       *       *       *       *

  [(f)] (g) Modifications in System.--(1) The Administrator of 
the Federal Aviation Administration shall make modifications in 
the system for issuing airman certificates necessary to make 
the system more effective in serving the needs of pilots and 
officials responsible for enforcing laws related to the 
regulation of controlled substances (as defined in section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 802)). The modifications shall ensure positive 
and verifiable identification of each individual applying for 
or holding a certificate and shall address at least each of the 
following deficiencies in, and abuses of, the existing system:
          (A) * * *

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


CHAPTER 449--SECURITY

           *       *       *       *       *       *       *


Sec. 44903. Air transportation security

  (a) * * *

           *       *       *       *       *       *       *

  (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. 44909. Passenger manifests

  (a) Air Carrier Requirements.--(1) * * *
  (2) The passenger manifest [shall] should include the 
following information:
          (A) the full name of each passenger.
          (B) the passport number of each passenger, if 
        required for travel.
          (C) the name and telephone number of a contact for 
        each passenger.

           *       *       *       *       *       *       *


Sec. 44936. Employment investigations and restrictions

  (a) * * *

           *       *       *       *       *       *       *

  (f) Records of Employment of Pilot Applicants.--
          (1) In general.--Subject to paragraph (14), before 
        allowing an individual to begin service as a pilot, an 
        air carrier shall request and receive the following 
        information:
                  (A) * * *
                  (B) Air carrier and other records.--From any 
                air carrier or other person (except a branch of 
                the United States Armed Forces, the National 
                Guard, or a reserve component of the United 
                States Armed Forces) that has employed the 
                individual as a pilot of a civil or public 
                aircraft at any time during the 5-year period 
                preceding the date of the employment 
                application of the individual, or from the 
                trustee in bankruptcy for such air carrier or 
                person--
                          (i) * * *
                          (ii) other records pertaining to the 
                        [individual] individual's performance 
                        as a pilot that are maintained by the 
                        air carrier or person concerning--
                                  (I) * * *

           *       *       *       *       *       *       *

          (14) Special rules with respect to certain pilots.--
                  (A) * * *
                  (B) Good faith exception.--Notwithstanding 
                paragraph (1), an air carrier, without 
                obtaining information about an individual under 
                paragraph (1)(B) from an air carrier or other 
                person that no longer exists or from a foreign 
                government or entity that employed the 
                individual, may allow the individual to begin 
                service as a pilot if the air carrier required 
                to request the information has made a 
                documented good faith attempt to obtain such 
                information.

           *       *       *       *       *       *       *


CHAPTER 453--FEES

           *       *       *       *       *       *       *


Sec. 45301. General provisions

  (a) Schedule of Fees.--The Administrator shall establish a 
schedule of new fees, and a collection process for such fees, 
for the following services provided by the Administration:
          (1) Air traffic control and related services provided 
        to aircraft other than military and civilian aircraft 
        of the United States government or of a foreign 
        government that neither take off from, nor land in, the 
        United States.
          (2) Services (other than air traffic control 
        services) provided to a foreign government or to any 
        entity obtaining inspection, testing, authorization, 
        permit, rating, approval, review, or certification 
        services outside the United States.
  (b) Limitations.--
          (1) Authorization and impact considerations.--In 
        establishing fees under subsection (a), the 
        Administrator--
                  (A) is authorized to recover in fiscal year 
                1997 $100,000,000; and
                  (B) shall ensure that each of the fees 
                required by subsection (a) is directly related 
                to the Administration's costs of providing the 
                service rendered.
        Services for which costs may be recovered include the 
        costs of air traffic control, navigation, weather 
        services, training and emergency services which are 
        available to facilitate safe transportation over the 
        United States, and other services provided by the 
        Administrator or by programs financed by the 
        Administrator to flights that neither take off nor land 
        in the United States.

           *       *       *       *       *       *       *


SUBPART IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


CHAPTER 463--PENALTIES

           *       *       *       *       *       *       *


Sec. 46301. Civil penalties

  (a) General Penalty.--(1) A person is liable to the United 
States Government for a civil penalty of not more than $1,000 
for violating--
          (A) chapter 401 (except sections 40103(a) and (d), 
        40105, 40116, and 40117), chapter 411, chapter 413 
        (except sections 41307 and 41310(b)-(f)), chapter 415 
        (except sections 41502, 41505, and 41507-41509), 
        chapter 417 (except sections 41703, 41704, 41710, 
        41713, and 41714), chapter 419, [subchapter II of 
        chapter 421] subchapter II or III of chapter 421, 
        chapter 441 (except section 44109), section 44502(b) or 
        (c), chapter 447 (except sections 44717 [and 44719-
        44723], 44719-44723, and 44725), chapter 449 (except 
        sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
        (d)(1)(C)-(f), and 44908), or section [46302, 46303, 
        or] 47107(b) (including any assurance made under such 
        section) of this title;

           *       *       *       *       *       *       *

  (3) A civil penalty of not more than $10,000 may be imposed 
for each violation under paragraph (1) of this subsection 
related to--
          (A) the transportation of hazardous material; [or]
          (B) the registration or recordation under chapter 441 
        of this title of an aircraft not used to provide air 
        transportation[.]; or
          (C) the failure to mark life limited aircraft parts 
        in accordance of section 44725.

           *       *       *       *       *       *       *

  (d) Administrative Imposition of Penalties.--(1) * * *

           *       *       *       *       *       *       *

  (7)(A) The Administrator may impose a penalty on [an 
individual] a person (except an individual acting as a pilot, 
flight engineer, mechanic, or repairman) only after notice and 
an opportunity for a hearing on the record.

           *       *       *       *       *       *       *

  (g) Judicial Review.--An order of the Secretary or the 
Administrator imposing a civil penalty may be reviewed 
judicially only under section 46110 of this title.

           *       *       *       *       *       *       *


                 PART B--AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471--AIRPORT DEVELOPMENT

                    SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec.
47101.  Policies.
     * * * * * * *                    47135.  Innovative financing 
                                      techniques.
                                      47136.  Airport security program.

          SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS

                                      47151.  Authority to transfer an 
                                      interest in surplus property.
                                      [47152.  Terms of gifts.]
                                      47152.  Terms of conveyances.
          * * * * * * *

                   SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec. 47101. Policies

  (a) General.--It is the policy of the United States--
          (1) * * *

           *       *       *       *       *       *       *

          (11) that the airport improvement program should be 
        administered to encourage projects that employ 
        innovative technology, concepts, and approaches that 
        will promote safety, capacity, and efficiency 
        improvements in the construction of airports and in the 
        air transportation system (including the development 
        and use of innovative concrete and other materials in 
        the construction of airport facilities to minimize 
        initial laydown costs, minimize time out of service, 
        and maximize lifecycle durability) and to encourage and 
        solicit innovative technology proposals and activities 
        (including integrated in-pavement lighting systems for 
        runways and taxiways and other runway and taxiway 
        incursion prevention devices) in the expenditure of 
        funding pursuant to this subchapter;

           *       *       *       *       *       *       *

  (f) Maximum Use of Safety Facilities.--This subchapter should 
be carried out consistently with a comprehensive airspace 
system plan, giving highest priority to commercial service 
airports, to maximize the use of safety facilities, including 
installing, operating, and maintaining, to the extent possible 
with available money and considering other safety needs--
          (1) * * *

           *       *       *       *       *       *       *

          (9) runway edge lighting and marking; [and]
          (10) radar approach coverage for each airport 
        terminal area[.]; and
          (11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for 
        runways and taxiways, in accordance with an applicable 
        runway incursion prevention plan.

           *       *       *       *       *       *       *


Sec. 47102. Definitions

  In this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``airport development'' means the following 
        activities, if undertaken by the sponsor, owner, or 
        operator of a public-use airport:
                  (A) * * *
                  (B) acquiring for, or installing at, a 
                public-use airport--
                          (i) * * *
                          (ii) safety or security equipment, 
                        including explosive detection devices 
                        and universal access systems, the 
                        Secretary requires by regulation for, 
                        or approves as contributing 
                        significantly to, the safety or 
                        security of individuals and property at 
                        the airport and including integrated 
                        in-pavement lighting systems for 
                        runways and taxiways and other runway 
                        and taxiway incursion prevention 
                        devices;

           *       *       *       *       *       *       *

                          (v) aircraft deicing equipment and 
                        structures (except aircraft deicing 
                        fluids and storage facilities for the 
                        equipment and fluids); [and]
                          (vi) interactive training systems[.]; 
                        and
                          (vii) enhanced visual technologies to 
                        replace or enhance conventional landing 
                        light systems.

           *       *       *       *       *       *       *

                  (H) Developing, in coordination with State 
                and local transportation agencies, intermodal 
                transportation plans necessary for Olympic-
                related projects at an airport.

           *       *       *       *       *       *       *

          (21) Enhanced vision technologies.--The term 
        ``enhanced vision technologies'' means laser guidance, 
        ultraviolet guidance, infrared, and cold cathode 
        technologies.

           *       *       *       *       *       *       *


Sec. 47104. Project grant authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) Expiration of Authority.--After September 30, [1998] 
1999, the Secretary may not incur obligations under subsection 
(b) of this section, except for obligations of amounts--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 47108. Project grant agreements

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 47109. United States Government's share of project costs

  (a) General.--Except as provided in subsection (b) of this 
section, the United States Government's share of allowable 
project costs is--
          (1) 75 percent for a project at a primary airport 
        having at least .25 percent of the total number of 
        passenger boardings each year at all commercial service 
        airports;
          (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;
          [(2)] (3) 90 percent for a project at any other 
        airport; and
          [(3)] (4) 40 percent for a project funded by the 
        Administrator from the discretionary fund under section 
        47115 at an airport receiving an exemption under 
        section 47134.

           *       *       *       *       *       *       *


Sec. 47114. Apportionments

  (a) * * *

           *       *       *       *       *       *       *

  (c) Amounts Apportioned to Sponsors.--(1)(A) The Secretary 
shall apportion to the sponsor of each primary airport for each 
fiscal year an amount equal to--
          (i) * * *

           *       *       *       *       *       *       *

          (v) subject to subparagraph (C), $.50 for each 
        additional passenger boarding at the airport during the 
        prior calendar year.

           *       *       *       *       *       *       *

  (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.
  (d) Amounts Apportioned to States.--(1) * * *
  (2) The Secretary shall apportion to the States [18.5] 20 
percent of the amount subject to apportionment for each fiscal 
year as follows:
          (A) [0.66] 0.62 percent of the apportioned amount to 
        Guam, American Samoa, the Northern Mariana Islands, the 
        Trust Territory of the Pacific Islands, and the Virgin 
        Islands.
          (B) except as provided in paragraph (3) of this 
        subsection, [49.67] 49.69 percent of the apportioned 
        amount for airports, excluding primary airports but 
        including reliever and nonprimary commercial service 
        airports, in States not named in clause (A) of this 
        paragraph in the proportion that the population of each 
        of those States bears to the total population of all of 
        those States.
          (C) except as provided in paragraph (3) of this 
        subsection, [49.67] 49.69 percent of the apportioned 
        amount for airports, excluding primary airports but 
        including reliever and nonprimary commercial service 
        airports, in States not named in clause (A) of this 
        paragraph in the proportion that the area of each of 
        those States bears to the total area of all of those 
        States.
  [(3) An amount apportioned under paragraph (2) of this 
subsection for an airport in--
          [(A) Alaska may be made available by the Secretary 
        for a public airport described in section 
        47117(e)(1)(C)(ii) of this title to which section 
        15(a)(3)(A)(II) of the Airport and Airway Development 
        Act of 1970 applied during the fiscal year that ended 
        September 30, 1981; and
          [(B) Puerto Rico may be made available by the 
        Secretary for a primary airport and an airport 
        described in section 47117(e)(1)(C) of this title.]
    (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.
    (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.
  (e) [Alternative] Supplemental Apportionment for Alaska.--
          (1) [Instead of apportioning amounts for airports in 
        Alaska under] In general.--Notwithstanding subsections 
        (c) and (d) of this section, the Secretary may 
        apportion amounts for [those airports] airports in 
        Alaska in the way in which amounts were apportioned in 
        the fiscal year ending September 30, 1980, under 
        section 15(a) of the Act. However, in apportioning 
        amounts for a fiscal year under this subsection, the 
        Secretary shall apportion--
                  (A) for each primary airport at least as much 
                as would be apportioned for the airport under 
                subsection (c)(1) of this section; and
                  (B) a total amount at least equal to the 
                minimum amount required to be apportioned to 
                airports in Alaska in the fiscal year ending 
                September 30, 1980, under section 15(a)(3)(A) 
                of the Act.
          (2) Authority for discretionary grants.--This 
        subsection does not prohibit the Secretary from making 
        project grants for airports in Alaska from the 
        discretionary fund under section 47115 of this title.
  [(3) Airports referred to in this subsection include those 
public airports that received scheduled service as of September 
3, 1982, but were not apportioned amounts in the fiscal year 
ending September 30, 1980, under section 15(a) of the Act 
because the airports were not under the control of a State or 
local public agency.]
          (3) Airports eligible for funds.--An amount 
        apportioned under this subsection may be used for any 
        public airport in Alaska.

           *       *       *       *       *       *       *


Sec. 47115. Discretionary fund

  (a) Existence and Amounts in Fund.--The Secretary of 
Transportation has a discretionary fund. The fund consists of--
          (1) amounts subject to apportionment for a fiscal 
        year that are not apportioned under section 47114(c)-
        (e) of this title; and
          (2) [25] 12.5 percent of amounts not apportioned 
        under section 47114 of this title because of section 
        47114(f).

           *       *       *       *       *       *       *

  (d) Considerations.--In selecting a project for a grant to 
preserve and enhance capacity as described in subsection (c)(1) 
of this section, the Secretary shall consider--
          (1) * * *

           *       *       *       *       *       *       *

          (5) the projected growth in the number of passengers 
        that will be using the airport at which the project 
        will be carried out; [and]
          (6) any increase in the number of passenger boardings 
        in the preceding 12-month period at the airport at 
        which the project will be carried out, with priority 
        consideration to be given to projects at airports at 
        which the number of passenger boardings increased by at 
        least 20 percent as compared to the number of passenger 
        boardings in the 12-month period preceding such 
        period[.]; and
          (7) the need for the project in order to meet the 
        unique demands of hosting international quadrennial 
        Olympic events.

           *       *       *       *       *       *       *

  [(g) Minimum Amount To Be Credited.--
          [(1) General rule.--In a fiscal year, there shall be 
        credited to the fund, out of amounts made available 
        under section 48103 of this title, an amount that is at 
        least equal to the sum of--
                  [(A) $148,000,000; plus
                  [(B) the total amount required from the fund 
                to carry out in the fiscal year letters of 
                intent issued before January 1, 1996, under 
                section 47110(e) of this title or the Airport 
                and Airway Improvement Act of 1982.
        The amount credited is exclusive of amounts that have 
        been apportioned in a prior fiscal year under section 
        47114 of this title and that remain available for 
        obligation.
          [(2) Reduction of apportionments.--In a fiscal year 
        in which the amount credited under subsection (a) is 
        less than the minimum amount to be credited under 
        paragraph (1), the total amount calculated under 
        paragraph (3) shall be reduced by an amount that, when 
        credited to the fund, together with the amount credited 
        under subsection (a), equals such minimum amount.
          [(3) Amount of reduction.--For a fiscal year, the 
        total amount available to make a reduction to carry out 
        paragraph (2) is the total of the amounts determined 
        under sections 47114(c)(1)(A), 47114(c)(2), 47114(d), 
        and 47117(e) of this title. Each amount shall be 
        reduced by an equal percentage to achieve the 
        reduction.
          [(4) Special rule.--For a fiscal year in which the 
        amount credited to the fund under this subsection 
        exceeds $300,000,000, the Secretary shall allocate the 
        amount of such excess as follows:
                  [(A) \1/3\ shall be made available to 
                airports for which apportionments are made 
                under section 47114(d) of this title.
                  [(B) \1/3\ shall be made available for 
                airport noise compatibility planning under 
                section 47505(a)(2) of this title and for 
                carrying out noise compatibility programs under 
                section 47504(c)(1) of this title.
                  [(C) \1/3\ shall be made available to current 
                or former military airports for which grants 
                may be made under section 47117(e)(1)(B) of 
                this title.]
  [(h)] (g) Priority for Letters of Intent.--In making grants 
in a fiscal year with funds made available under this section, 
the Secretary shall fulfill intentions to obligate under 
section 47110(e) 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.

Sec. 47116. Small airport fund

  (a) Existence and Amounts in Fund.--The Secretary of 
Transportation has a small airport fund. The fund consists of 
[75] 87.5 percent of amounts not apportioned under section 
47114 of this title because of section 47114(f).
  (b) Distribution of Amounts.--The Secretary may distribute 
amounts in the fund in each fiscal year for any purpose for 
which amounts are made available under section 48103 of this 
title as follows:
          [(1) one-third for grants to sponsors of public-use 
        airports (except commercial service airports).
          [(2) two-thirds 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.]
          (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.

           *       *       *       *       *       *       *

  (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 
Registera 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.
  (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. 47117. Use of apportioned amounts

  (a) * * *

           *       *       *       *       *       *       *

  (e) Special Apportionment Categories.--(1) The Secretary 
shall use amounts available to the discretionary fund under 
section 47115 of this title for each fiscal year as follows:
          (A) At least [31] 33 percent for grants for airport 
        noise compatibility planning under section 47505(a)(2) 
        of this title and for carrying out noise compatibility 
        programs under section 47504(c) of this title. The 
        Secretary may count the amount of grants made for such 
        planning and programs with funds apportioned under 
        section 47114 in that fiscal year in determining 
        whether or not such [31] 33 percent requirement is 
        being met in that fiscal year.
          (B) [At least 4 percent for each of fiscal years 1997 
        and 1998 to sponsors of current] At least 4 percent to 
        sponsors of current or former military airports 
        designated by the Secretary under section 47118(a) of 
        this title for grants for developing current and former 
        military airports to improve the capacity of the 
        national air transportation system and to sponsors of 
        noncommercial service airports for grants for 
        operational and maintenance expenses at any such 
        airport if the amount of such grants to the sponsor of 
        the airport does not exceed $30,000 in that fiscal 
        year, if the Secretary determines that the airport is 
        adversely affected by the closure or realignment of a 
        military base, and if the sponsor of the airport 
        certifies that the airport would otherwise close if the 
        airport does not receive the grant.

           *       *       *       *       *       *       *

  [(f) Limitation for Commercial Service Airport in Alaska.--
The Secretary may not make a grant for a commercial service 
airport in Alaska of more than 110 percent of the amount 
apportioned for the airport for a fiscal year under section 
47114(e) of this title.]
  [(g)] (f) Discretionary Use of Apportionments.--(1) Subject 
to paragraph (2) of this subsection, if the Secretary finds, 
based on the notices the Secretary receives under section 
47105(f) of this title or otherwise, that an amount apportioned 
under section 47114 of this title will not be used for grants 
during a fiscal year, the Secretary may use an equal amount for 
grants during that fiscal year for any of the purposes for 
which amounts are authorized for grants under section 48103 of 
this title.
  (2) The Secretary may make a grant under paragraph (1) of 
this subsection only if the Secretary decides that--
          (A) the total amount used for grants for the fiscal 
        year under section 48103 of this title will not be more 
        than the amount made available under section 48103 for 
        that fiscal year; and
          (B) the amounts authorized for grants under section 
        48103 of this title for later fiscal years are 
        sufficient for grants of the apportioned amounts that 
        were not used for grants under the apportionment during 
        the fiscal year and that remain available under 
        subsection (b) of this section.
  [(h)] (g) Limiting Authority of Secretary.--The authority of 
the Secretary to make grants during a fiscal year from amounts 
that were apportioned for a prior fiscal year and remain 
available for approved airport development project grants under 
subsection (b) of this section may be impaired only by a law 
enacted after September 3, 1982, that expressly limits that 
authority.

Sec. 47118. Designating current and former military airports

  (a) General Requirements.--The Secretary of Transportation 
shall designate current or former military airports for which 
grants may be made under section 47117(e)(1)(B) of this title. 
The maximum number of airports bearing such designation at any 
time is [12] 15. The Secretary may only so designate an airport 
(other than an airport so designated before August 24, 1994) 
if--
          (1) * * *

           *       *       *       *       *       *       *

  (g) 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).

Sec. 47119. Terminal development costs

  (a) Repaying Borrowed Money.--An amount apportioned under 
section 47114 of this title and made available to the sponsor 
of an air carrier airport at which terminal development was 
carried out after June 30, 1970, and before July 12, 1976, or, 
in the case of a commercial service airport which annually had 
less than [0.05] 0.25 percent of the total enplanements in the 
United States, [between January 1, 1992, and October 31, 1992,] 
between August 1, 1986, and September 30, 1990, or between June 
1, 1991, and October 31, 1992, is available to repay 
immediately money borrowed and used to pay the costs for 
terminal development at the airport, if those costs would be 
allowable project costs under section 47110(d) of this title if 
they had been incurred after September 3, 1982. An amount is 
available for a grant under this subsection--
          (1) only if--
                  (A) the sponsor submits the certification 
                required under section 47110(d) of this title;
                  (B) the Secretary of Transportation decides 
                that using the amount to repay the borrowed 
                money will not defer [an airport development 
                project outside the terminal area at that 
                airport] any needed airport development project 
                affecting safety, security, or capacity; and

           *       *       *       *       *       *       *

  (c) Nonhub Airports.--With respect to a project at a 
commercial service airport which annually has less than [0.05] 
0.25 percent of the total enplanements in the United States, 
the Secretary may approve the use of the amounts described in 
subsection (a) notwithstanding the requirements of sections 
47107(a)(17), 47112, and 47113.

           *       *       *       *       *       *       *


Sec. 47124. Agreements for State and local operation of airport 
                    facilities

  (a) * * *
  (b) Air Traffic Control Contract Program.--(1) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


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.

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 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.

          SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS

Sec. 47151. Authority to transfer an interest in surplus property

  (a) General Authority.--Subject to sections 47152 and 47153 
of this title, a department, agency, or instrumentality of the 
executive branch of the United States Government or a wholly 
owned Government corporation may [give] convey to a State, 
political subdivision of a State, or tax-supported organization 
any interest in surplus property--
          (1) * * *
          (2) if the Administrator of General Services approves 
        the [gift] conveyance and decides the interest is not 
        best suited for industrial use.
  (b) Ensuring Compliance.--Only the Secretary may ensure 
compliance with an instrument [giving] conveying an interest in 
surplus property under this subchapter. The Secretary may amend 
the instrument to correct the instrument or to make the [gift] 
conveyance comply with law.
  (c) Disposing of Interests Not [Given] Conveyed Under This 
Subchapter.--An interest in surplus property that could be used 
at a public airport but that is not [given] conveyed under this 
subchapter shall be disposed of under other applicable law.
  (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.

Sec. 47152. Terms of [gifts] conveyances

  Except as provided in section 47153 of this title, the 
following terms apply to a [gift] conveyance of an interest in 
surplus property under this subchapter:
          (1) * * *

           *       *       *       *       *       *       *


Sec. 47153. Waiving and adding terms

  (a) General Authority.--(1) The Secretary of Transportation 
may waive, without charge, a term of a [gift] conveyance of an 
interest in property under this subchapter if the Secretary 
decides, after providing notice and an opportunity for public 
comment, that--
          (A) the property no longer serves the purpose for 
        which it was [given] conveyed; or
          (B) the waiver will not prevent carrying out the 
        purpose for which the [gift] conveyance was made and is 
        necessary to advance the civil aviation interests of 
        the United States.

           *       *       *       *       *       *       *

          (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.--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.

           *       *       *       *       *       *       *


CHAPTER 475--NOISE

           *       *       *       *       *       *       *


SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY

           *       *       *       *       *       *       *


Sec. 47528. Prohibition on operating certain aircraft not complying 
                    with stage 3 noise levels

  (a) * * *
  (b) Waivers.--(1) If, not later than July 1, 1999, at least 
85 percent of the aircraft used by an air carrier or foreign 
air carrier to provide air transportation comply with the stage 
3 noise levels, the carrier may apply for a waiver of 
subsection (a) of this section for the remaining aircraft used 
by the carrier to provide air transportation. The application 
must be filed with the Secretary not later than January 1, 
1999, and must include a plan with firm orders for making all 
aircraft used by the carrier to provide air transportation 
comply with the noise levels not later than December 31, 2003.

           *       *       *       *       *       *       *


                           PART C--FINANCING

CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

           *       *       *       *       *       *       *


Sec. 48101. Air navigation facilities and equipment

  (a) General Authorization of Appropriations.--Not more than a 
total of the following amounts may be appropriated to the 
Secretary of Transportation out of the Airport and Airway Trust 
Fund established under section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and 
improve air navigation facilities under section 44502(a)(1)(A) 
of this title:
          (1) * * *

           *       *       *       *       *       *       *

        (3) $2,131,000,000 for fiscal year 1999.

           *       *       *       *       *       *       *

  (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. 48103. Airport planning and development and noise compatibility 
                    planning and programs

  The total amounts which shall be available after September 
30, [1996] 1998, to the Secretary of Transportation out of the 
Airport and Airway Trust Fund established under section 9502 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make 
grants for airport planning and airport development under 
section 47104 of this title, airport noise compatibility 
planning under section 47505(a)(2) of this title, and carrying 
out noise compatibility programs under section 47504(c) of this 
title shall be [$2,280,000,000 for fiscal years ending before 
October 1, 1997, and $4,627,000,000 for fiscal years ending 
before October 1, 1998.] $2,347,000,000 for fiscal years ending 
before October 1, 1999.

Sec. 48104. Operations and maintenance

  (a) * * *

           *       *       *       *       *       *       *

  [(b) Limitation for Fiscal Year 1993.--The amount that may be 
appropriated out of the Fund for fiscal year 1993 may not be 
more than an amount equal to--
          [(1) 75 percent of the amount made available under 
        sections 106(k) and 48101-48103 of this title for that 
        fiscal year; less
          [(2) the amount made available under sections 48101-
        48103 of this title for that fiscal year.]
  [(c)] (b) Limitation for [Fiscal Years 1994-1998] Fiscal Year 
1999.--The amount appropriated from the Trust Fund for the 
purposes of paragraphs (1) and (2) of subsection (a) for [each 
of fiscal years 1994 through 1998] fiscal year 1999 may not 
exceed the lesser of--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 48108. Availability and uses of amounts

  (a) * * *

           *       *       *       *       *       *       *

  (c) Limitation on Obligating or Expending Amounts.--In a 
fiscal year beginning after September 30, [1998] 1999, the 
Secretary of Transportation may obligate or expend an amount 
appropriated out of the Fund under section 48104 of this title 
only if a law expressly amends section 48104.

                        PART D--PUBLIC AIRPORTS

CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS

           *       *       *       *       *       *       *


Sec. 49106. Metropolitan Washington Airports Authority

  (a) * * *
  (b) General Authority.--(1) The Airports Authority shall be 
authorized--
          (A) * * *

           *       *       *       *       *       *       *

          (F) to make and maintain agreements with employee 
        organizations to the extent that the Federal Aviation 
        Administration was authorized to do so on October 18, 
        [1996] 1986.

           *       *       *       *       *       *       *

  (c) Board of Directors.--(1) The Airports Authority shall be 
governed by a board of directors composed of the following 13 
members:
          (A) * * *

           *       *       *       *       *       *       *

  (3) Members of the board shall be appointed [by] to the board 
for 6 years, except that of the members first appointed by the 
President after October 9, 1996, one shall be appointed for 4 
years. A member may serve after the expiration of that member's 
term until a successor has taken office.

           *       *       *       *       *       *       *


Sec. 49107. Federal employees at Metropolitan Washington Airports

  (a) * * *
  (b) Civil Service Retirement.--Any Federal employee who 
transferred to the Airports Authority and who on June 6, 1987, 
was subject to subchapter III of chapter 83 or chapter 84 of 
title 5, is subject to subchapter [II] III of chapter 83 or 
chapter 84 for so long as continually employed by the Airports 
Authority without a break in service. For purposes of 
subchapter III of chapter 83 and chapter 84, employment by the 
Airports Authority without a break in continuity of service is 
deemed to be employment by the United States Government. The 
Airports Authority is the employing agency for purposes of 
subchapter III of chapter 83 and chapter 84 and shall 
contribute to the Civil Service Retirement and Disability Fund 
amounts required by subchapter III of chapter 83 and chapter 
84.

           *       *       *       *       *       *       *


Sec. 49111. Relationship to and effect of other laws

  (a) * * *
  (b) Inapplicability of Certain Laws.--The Metropolitan 
Washington Airports and the Airports Authority are not subject 
to the requirements of any law solely by reason of the 
retention [of] by the United States Government of the fee 
simple title to those airports.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 125 OF THE FEDERAL AVIATION REAUTHORIZATION ACT OF 1996

[SEC. 125. PERIOD OF APPLICABILITY OF AMENDMENTS.

  [The amendments made by this subtitle shall cease to be 
effective on September 30, 1998. On and after such date, 
sections 47114, 47115, 47117, and 47118 of title 49, United 
States Code, shall read as if such amendments had not been 
enacted.]
                              ----------                              


 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
1996

           *       *       *       *       *       *       *


                               TITLE III

                           GENERAL PROVISIONS

(including transfers of funds)

           *       *       *       *       *       *       *


  Sec. 347. (a) * * *

           *       *       *       *       *       *       *

  (b) The provisions of title 5, United States Code, shall not 
apply to the new personnel management system developed and 
implemented pursuant to subsection (a), with the exception of--
          (1) section 2302(b), relating to whistleblower 
        protection, including the provisions for investigation 
        and enforcement as provided in chapter 12 of title 5, 
        United States Code;

           *       *       *       *       *       *       *

          (6) chapter 81, relating to compensation for work 
        injury; [and]
          (7) chapters 83-85, 87, and 89, relating to 
        retirement, unemployment compensation, and insurance 
        coverage[.]; and
          (8) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.
  [(c) This section shall take effect on April 1, 1996.]
  (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.
  Sec. 348. (a) * * *

           *       *       *       *       *       *       *

  [(c) This section shall take effect on April 1, 1996.]
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                        ACT OF NOVEMBER 20, 1997

      AN ACT To codify without substantive change laws related to 
transportation and to improve the United States Code.

           *       *       *       *       *       *       *


SEC. 5. REPEALS.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Repealer Schedule.--The laws specified in the following 
schedule are repealed, except for rights and duties that 
matured, penalties that were incurred, and proceedings that 
were begun before the date of enactment of this Act:
      

                                                                Schedule of Laws Repealed                                                               
                                                                    Statutes at Large                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Statutes at Large               U.S. Code      
                 Date                     Chapter or Public Law              Section            --------------------------------------------------------
                                                                                                 Volume            Page            Title      Section   
--------------------------------------------------------------------------------------------------------------------------------------------------------
              [1996] 1986                                                                                                                               
Oct. 18...............................  99-500..................  6001-6012....................     100  1783-373................  .....  ..............
Oct. 30...............................  99-591..................  6001-6012....................     100  3341-376................  .....  ..............
                 1991                                                                                                                                   
Dec. 18...............................  102-240.................  7001-7004....................     105  2197....................  .....  ..............
                 1996                                                                                                                                   
Oct. 9................................  104-264.................  902-907......................     110  3274....................  .....  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

                              ----------                              


                        ACT OF OCTOBER 11, 1996

      AN ACT To codify without substantive change laws related to 
         transportation and to improve the United States Code.



           *       *       *       *       *       *       *
SEC. 5. TITLE 49, UNITED STATES CODE.

  Title 49, United States Code, is amended as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (45) The analysis of chapter 159 is amended as 
        follows:
                  (A) Strike--

``CHAPTER 159--[ENFORCEMENT;] ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND 
                              REMEDIES''.

                  (B) Strike the item related to section 15907.

           *       *       *       *       *       *       *


                                
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