Union Calendar No. 359
To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes.
HR 4057 RH
Mr. SHUSTER (for himself and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(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.
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.
Sec. 201. Contract towers.
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.
Sec. 401. Aviation insurance program amendments.
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.
Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.
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.
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.
Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code.
(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.
In this Act, the term `Administrator' means the Administrator of the Federal Aviation Administration.
(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 s
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'.
(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.'.
(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'.
(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.
(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.'.
(a) IN GENERAL- Subchapter I of chapter 471 is amended by adding at the end the following:
`(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.'.
(a) IN GENERAL- Chapter 471 (as amended by section 106 of this Act) is amended by adding the following new section:
`(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.'.
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'.
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).'.
(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'.
(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.'.
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.
(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.
(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.'.
(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.'.
(a) IN GENERAL- It shall not be considered unreasonable or unjust discrimination or a violation of section 47107 of title 49, United States Code, for the owner or operator of an airport described in (b) to deny access to any air carrier that is conducting operations as a public charter under part 380 of title 14, Code of Federal Regulations, with aircraft designed to carry more than 9 passengers per flight.
(b) COVERED AIRPORTS- This section shall only apply to an airport that--
(1) is designated as a reliever airport by the Administrator;
(2) does not have an operating certificate issued under part 139 of title 14, Code of Federal Regulations; and
(3) is located within 25 miles of an airport that has at least 0.05 percent of the total annual boardings in the United States and has current gate capacity to handle the demands of the public charter operation.
(c) PUBLIC CHARTER DEFINED- In this section, the term `public charter' means charter air transportation for which the general public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flights.
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.
(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.'.
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.'.
(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.'.
(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.'.
(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).
(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.
(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'.
(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.
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'.
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'.
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.'.
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.
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.
(a) MARKING AUTHORITY- Chapter 447 is amended by adding the following new section:
`(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.'.
(a) GENERAL RULE- Chapter 421 is amended by adding at the end the following:
`(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:
`42121. Protection of employees providing air safety information.'.
Section 46301(a)(1)(A) is amended by striking `subchapter II of chapter 421' and inserting `subchapter II or III of chapter 421'.
This title may be cited as the `Centennial of Flight Commemoration Act'.
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.
There is established a commission to be known as the Centennial of Flight Commission.
(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.
(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.
(a) ADVISORY COMMITTEES AND TASK FORCES-
(1) IN GENERAL- The Commission may appoint any advisory committee or task force that it determines to be necessary to carry out this title.
(2) FEDERAL COOPERATION- To ensure the overall success of the Commission's efforts, the Commission may call upon various Federal departments and agencies to assist in and give support to programs of the Commission. Where appropriate, all Federal departments and agencies shall provide any assistance possible.
(3) PROHIBITION OF PAY OTHER THAN TRAVEL EXPENSES- Members of an advisory committee or task force authorized by paragraph (1) shall not receive pay, but may receive travel expenses pursuant to the policy adopted by the Commission under section 704(c)(2).
(b) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this title.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL AGREEMENTS-
(1) IN GENERAL- The Commission may procure supplies, services, and property, and make or enter into leases and other legal agreements in order to carry out this title.
(2) RESTRICTION- A contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of the termination of the Commission.
(3) SUPPLIES AND PROPERTY POSSESSED BY COMMISSION AT TERMINATION- Any supplies and property, except historically significant items, that are acquired by the Commission under this title and remain in the possession of the Commission on the date of the termination of the Commission shall become the property of the General Services Administration upon the date of termination.
(d) REQUESTS FOR OFFICIAL INFORMATION- The Commission may request from any Federal department or agency information necessary to enable the Commission to carry out this title. The head of the Federal department or agency shall furnish the information to the Commission unless the release of the information by the department or agency to the public is prohibited by law.
(e) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as any other Federal agency.
(f) APPLICABILITY OF CERTAIN LAWS- Except as otherwise expressly provided by this title, laws relating to the general operation and management of Federal agencies shall apply to the Commission only to the extent such laws apply to the Smithsonian Institution.
(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.
(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.
(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.
(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).
(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.
(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.
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.
The Commission shall terminate not later than 60 days after the submission of the final report required by section 710(b).
There is authorized to be appropriated to carry out this title $250,000 for each of the fiscal years 1999 through 2004.
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.'.
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'.
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.'.
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.'.
(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).
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.'.
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.'.
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).'.
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.'.
Section 44909(a)(2) is amended by striking `shall' and inserting `should'.
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.
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'.
(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.
Section 47528(b)(1) is amended in the first sentence by inserting `or foreign air carrier' after `air carrier'.
(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:'.
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.'.
(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 other providers 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.
(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.
(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.
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.
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.
END