Home > 105th Congressional Bills > H.R. 4057 (eh) To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes. ...

H.R. 4057 (eh) To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes. ...


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                  In the Senate of the United States,

                                                    September 25, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
4057) entitled ``An Act to amend title 49, United States Code, to 
reauthorize programs of the Federal Aviation Administration, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

    (a) Short Title.--This Act may be cited as the ``Wendell H. Ford 
National Air Transportation System Improvement Act of 1998''.
    (b) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title; table of sections.
Sec. 2. Amendments to title 49, United States Code.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 104. Reprogramming notification requirement.
Sec. 105. Airport security program.
Sec. 106. Contract tower programs
Sec. 107. Automated surface observation system stations.

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning 
                            and programs.
Sec. 205. Technical amendments.
Sec. 206. Repeal of period of applicability.
Sec. 207. Report on efforts to implement capacity enhancements.
Sec. 208. Prioritization of discretionary projects.
Sec. 209. Public notice before grant assurance requirement waived.
Sec. 210. Definition of public aircraft.
Sec. 211. Terminal development costs.
Sec. 212. Airfield pavement conditions.
Sec. 213. Discretionary grants.

                 TITLE III--AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal 
                            years.
Sec. 302. Foreign carriers eligible for waiver under Airport Noise and 
                            Capacity Act.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; 
                            technical amendments to Pilot Records 
                            Improvement Act.
Sec. 307. Aviation insurance program amendments.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation 
                            without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.

                TITLE IV--TITLE 49 TECHNICAL CORRECTIONS

Sec. 401. Restatement of 49 U.S.C. 106(g).
Sec. 402. Restatement of 49 U.S.C. 44909.

                         TITLE V--MISCELLANEOUS

Sec. 501. Oversight of FAA response to year 2000 problem.
Sec. 502. Cargo collision avoidance systems deadline.
Sec. 503. Runway safety areas; precision approach path indicators.
Sec. 504. Airplane emergency locators.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. FAA may fine unruly passengers.
Sec. 507. Higher standards for handicapped access.
Sec. 508. Conveyances of United States Government land.
Sec. 509. Flight operations quality assurance rules.
Sec. 510. Wide area augmentation system.
Sec. 511. Regulation of Alaska air guides.
Sec. 512. Application of FAA regulations.
Sec. 513. Human factors program.
Sec. 514. Independent validation of FAA costs and allocations.
Sec. 515. Whistleblower protection for FAA employees.
Sec. 516. Report on modernization of oceanic ATC system.
Sec. 517. Report on air transportation oversight system.
Sec. 518. Recycling of EIS.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Improvements to air navigation facilities.
Sec. 521. Denial of airport access to certain air carriers.
Sec. 522. Tourism.
Sec. 523. Equivalency of FAA and EU safety standards.
Sec. 524. Sense of the Senate on property taxes on public-use airports.
Sec. 525. Federal Aviation Administration Personnel Management System.
Sec. 526. Aircraft and aviation component repair and maintenance 
                            advisory panel.
Sec. 527. Report on enhanced domestic airline competition.
Sec. 528. Aircraft situational display data.
Sec. 529. To express the sense of the Senate concerning a bilateral 
                            agreement between the United States and the 
                            United Kingdom regarding Charlotte-London 
                            route.
Sec. 530. To express the sense of the Senate concerning a bilateral 
                            agreement between the United States and the 
                            United Kingdom regarding Cleveland-London 
                            route.
Sec. 531. Allocation of Trust Fund funding.
Sec. 532. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
                            project.
Sec. 533. Airline marketing disclosure.
Sec. 534. Certain air traffice control towers.
Sec. 535. Compensation under the Death on the High Seas Act.

                TITLE VI--AVIATION COMPETITION PROMOTION

Sec. 601. Purpose.
Sec. 602. Establishment of small community aviation development 
                            program.
Sec. 603. Community-carrier air service program.
Sec. 604. Authorization of appropriations.
Sec. 605. Marketing practices.
Sec. 606. Slot exemptions for nonstop regional jet service.
Sec. 607. Exemptions to perimeter rule at Ronald Reagan Washington 
                            National Airport.
Sec. 608. Additional slot exemptions at Chicago O'Hare International 
                            Airport.
Sec. 609. Consumer notification of e-ticket expiration dates.
Sec. 610. Joint venture agreements.
Sec. 611. Regional air service incentive options.
Sec. 612. GAO study of air transportation needs.

                  TITLE VII--NATIONAL PARK OVERFLIGHTS

Sec. 701. Findings.
Sec. 702. Air tour management plans for national parks.
Sec. 703. Advisory group.
Sec. 704. Overflight fee report.
Sec. 705. Prohibition of commercial air tours over the Rocky Mountain 
                            National Park.

             TITLE VIII--CENTENNIAL OF FLIGHT COMMEMORATION

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Establishment.
Sec. 804. Membership.
Sec. 805. Duties.
Sec. 806. Powers.
Sec. 807. Staff and support services.
Sec. 808. Contributions.
Sec. 809. Exclusive right to name, logos, emblems, seals, and marks.
Sec. 810. Reports.
Sec. 811. Audit of financial transactions.
Sec. 812. Advisory board.
Sec. 813. Definitions.
Sec. 814. Termination.
Sec. 815. Authorization of appropriations.

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

Sec. 901. Extension of expenditure authority.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

                        TITLE I--AUTHORIZATIONS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    (a) In General.--Section 106(k) is amended to read as follows:
    ``(k) Authorization of Appropriations for Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for operations of the 
        Administration $5,631,000,000 for fiscal year 1999 and 
        $5,784,000,000 for fiscal year 2000. Of the amounts authorized 
        to be appropriated for fiscal year 1999, not more than 
        $9,100,000 shall be used to support air safety efforts through 
        payment of United States membership obligations, to be paid as 
        soon as practicable.
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) $450,000 may be used for wildlife hazard 
        mitigation measures and management of the wildlife strike 
        database of the Federal Aviation Administration.
            ``(3) University consortium.--There are authorized to be 
        appropriated not more than $9,100,000 for the 3 fiscal year 
        period beginning with fiscal year 1999 to support a university 
        consortium established to provide an air safety and security 
        management certificate program, working cooperatively with the 
        Federal Aviation Administration and United States air carriers. 
        Funds authorized under this paragraph--
                    ``(A) may not be used for the construction of a 
                building or other facility; and
                    ``(B) shall be awarded on the basis of open 
                competition.''.
    (b) Coordination.--The authority granted the Secretary under 
section 41717 of title 49, United States Code, does not affect the 
Secretary's authority under any other provision of law.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    (a) In General.--Section 48101(a) is amended by striking paragraphs 
(1) and (2) and inserting the following:
            ``(1) for fiscal year 1999--
                    ``(A) $222,800,000 for engineering, development, 
                test, and evaluation: en route programs;
                    ``(B) $74,700,000 for engineering, development, 
                test, and evaluation: terminal programs;
                    ``(C) $108,000,000 for engineering, development, 
                test, and evaluation: landing and navigational aids;
                    ``(D) $17,790,000 for engineering, development, 
                test, and evaluation: research, test, and evaluation 
                equipment and facilities programs;
                    ``(E) $391,358,300 for air traffic control 
                facilities and equipment: en route programs;
                    ``(F) $492,315,500 for air traffic control 
                facilities and equipment: terminal programs;
                    ``(G) $38,764,400 for air traffic control 
                facilities and equipment: flight services programs;
                    ``(H) $50,500,000 for air traffic control 
                facilities and equipment: other ATC facilities 
                programs;
                    ``(I) $162,400,000 for non-ATC facilities and 
                equipment programs;
                    ``(J) $14,500,000 for training and equipment 
                facilities programs;
                    ``(K) $280,800,000 for mission support programs;
                    ``(L) $235,210,000 for personnel and related 
                expenses; and
            ``(2) $2,189,000,000 for fiscal year 2000.''.
    (b) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``fiscal years 1995 and 1996'' and 
        inserting ``fiscal years 1999 and 2000''; and
            (2) by striking ``acquisition,'' and inserting 
        ``acquisition under new or existing contracts,''.
    (c) Life-Cycle Cost Estimates.--The Administrator of the Federal 
Aviation Administration shall establish life-cycle cost estimates for 
any air traffic control modernization project the total life-cycle 
costs of which equal or exceed $50,000,000.

SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Extension and Authorization.--Section 48103 is amended by--
            (1) striking ``September 30, 1996,'' and inserting 
        ``September 30, 1998,''; and
            (2) striking ``$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.'' and inserting ``$2,410,000,000 
        for fiscal years ending before October 1, 1999 and 
        $4,885,000,000 for fiscal years ending before October 1, 
        2000.''.
    (b) Project Grant Authority.--Section 47104(c) is amended by 
striking ``1998,'' and inserting ``2002,''.

SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

    Before reprogramming any amounts appropriated under section 106(k), 
48101(a), or 48103 of title 49, United States Code, for which 
notification of the Committees on Appropriations of the Senate and the 
House of Representatives is required, the Secretary of Transportation 
shall submit a written explanation of the proposed reprogramming to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 105. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 (as amended by section 202(a) of this 
Act) is amended by adding at the end thereof 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 

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