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H.R. 4058 (eh) To amend title 49, United States Code, to extend the aviation insurance program, and for other purposes. ...


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                                                 Union Calendar No. 359

105th CONGRESS

  2d Session

                               H. R. 4057

                          [Report No. 105-639]

_______________________________________________________________________

                                 A BILL

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.

_______________________________________________________________________

                             July 20, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
                                                 Union Calendar No. 359
105th CONGRESS
  2d Session
                                H. R. 4057

                          [Report No. 105-639]

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1998

Mr. Shuster (for himself and Mr. Duncan) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

                             July 20, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               16, 1998]

_______________________________________________________________________

                                 A BILL


 
 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Airport 
Improvement Program Reauthorization Act of 1998''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Administrator defined.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Grants from small airport fund.
Sec. 106. Innovative use of airport grant funds.
Sec. 107. Airport security program.
Sec. 108. Matching share for State block grant program.
Sec. 109. Treatment of certain facilities as airport-related projects.
Sec. 110. Terminal development costs.
Sec. 111. Conveyances of surplus property for public airports.
Sec. 112. Construction of runways.
Sec. 113. Potomac Metroplex terminal radar approach control facility.
Sec. 114. General facilities authority.
Sec. 115. Transportation assistance for Olympic cities.
Sec. 116. Denial of airport access to certain air carriers.
Sec. 117. Period of applicability of amendments.
Sec. 118. Technical amendments.

                    TITLE II--CONTRACT TOWER PROGRAM

Sec. 201. Contract towers.

                      TITLE III--FAMILY ASSISTANCE

Sec. 301. Responsibilities of National Transportation Safety Board.
Sec. 302. Air carrier plans.
Sec. 303. Foreign air carrier plans.
Sec. 304. Applicability of Death on the High Seas Act.

                  TITLE IV--WAR RISK INSURANCE PROGRAM

Sec. 401. Aviation insurance program amendments.

                            TITLE V--SAFETY

Sec. 501. Cargo collision avoidance systems deadline.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Marking of life limited aircraft parts.

                   TITLE VI--WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.

               TITLE VII--CENTENNIAL OF FLIGHT COMMISSION

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Establishment.
Sec. 704. Membership.
Sec. 705. Duties.
Sec. 706. Powers.
Sec. 707. Staff and support services.
Sec. 708. Contributions.
Sec. 709. Exclusive right to name, logos, emblems, seals, and marks.
Sec. 710. Reports.
Sec. 711. Audit of financial transactions.
Sec. 712. Advisory Board.
Sec. 713. Definitions.
Sec. 714. Termination.
Sec. 715. Authorization of appropriations.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Clarification of regulatory approval process.
Sec. 802. Duties and powers of Administrator.
Sec. 803. Prohibition on release of offeror proposals.
Sec. 804. Multiyear procurement contracts.
Sec. 805. Federal Aviation Administration personnel management system.
Sec. 806. General facilities and personnel authority.
Sec. 807. Implementation of article 83 bis of the Chicago Convention.
Sec. 808. Public availability of airmen records.
Sec. 809. Government and industry consortia.
Sec. 810. Passenger manifest.
Sec. 811. Cost recovery for foreign aviation services.
Sec. 812. Technical corrections to civil penalty provisions.
Sec. 813. Enhanced vision technologies.
Sec. 814. Foreign carriers eligible for waiver under Airport Noise and 
                            Capacity Act.
Sec. 815. Typographical errors.
Sec. 816. Acquisition management system.
Sec. 817. Independent validation of FAA costs and allocations.
Sec. 818. Elimination of backlog of equal employment opportunity 
                            complaints.
Sec. 819. Newport News, Virginia.
Sec. 820. Grant of easement, Los Angeles, California.
Sec. 821. Regulation of Alaska air guides.

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

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

SEC. 3. APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, this 
Act and the amendments made by this Act apply only to fiscal years 
beginning after September 30, 1998.
    (b) Limitation on Statutory Construction.--Nothing in this Act or 
any amendment made by this Act shall be construed as affecting funds 
made available for a fiscal year ending before October 1, 1998.

SEC. 4. ADMINISTRATOR DEFINED.

    In this Act, the term ``Administrator'' means the Administrator of 
the Federal Aviation Administration.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by striking ``September 30, 1996'' and inserting 
        ``September 30, 1998''; and
            (2) by striking ``$2,280,000,000'' and all that follows 
        through the period at the end and inserting the 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''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--Section 48101(a) is 
amended by adding at the end the following:
            ``(3) $2,131,000,000 for fiscal year 1999.''.
    (b) Universal Access Systems.--Section 48101 is amended by adding 
at the end the following:
    ``(d) Universal Access Systems.--Of the amounts appropriated under 
subsection (a) for fiscal year 1999, $8,000,000 may be used for the 
voluntary purchase and installation of universal access systems.''.

SEC. 103. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended--
            (1) by inserting ``(1) In general.--'' before ``There'';
            (2) in paragraph (1) (as so designated) by striking 
        ``$5,158,000,000'' and all that follows through the period at 
        the end and inserting the following: ``$5,632,000,000 for 
        fiscal year 1999.'';
            (3) by adding at the end the following:
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) for fiscal year 1999--
                    ``(A) $450,000 may be used for wildlife hazard 
                mitigation measures and management of the wildlife 
                strike database of the Federal Aviation Administration;
                    ``(B) such sums as may be necessary may be used to 
                fund an office within the Federal Aviation 
                Administration dedicated to supporting infrastructure 
                systems development for both general aviation and the 
                vertical flight industry; and
                    ``(C) such sums as may be necessary may be used to 
                revise existing terminal and en route procedures and 
                instrument flight rules to facilitate the takeoff, 
                flight, and landing of tiltrotor aircraft and to 
                improve the national airspace system by separating such 
                aircraft from congested flight paths of fixed-wing 
                aircraft.''; and
            (4) by indenting paragraph (1) (as designated by paragraph 
        (1) of this subsection) and aligning such paragraph (1) with 
        paragraph (2) (as added by paragraph (2) of this subsection).
    (b) Authorization of Appropriations From Trust Fund.--Section 48104 
is amended--
            (1) by striking subsection (b) and redesignating subsection 
        (c) as subsection (b);
            (2) in subsection (b), as so redesignated--
                    (A) in the subsection heading by striking ``Fiscal 
                Years 1994-1998'' and inserting ``Fiscal Year 1999''; 
                and
                    (B) in the matter preceding paragraph (1) by 
                striking ``each of fiscal years 1994 through 1998'' and 
                inserting ``fiscal year 1999''.
    (c) Limitation on Obligating or Expending Amounts.--Section 
48108(c) is amended by striking ``1998'' and inserting ``1999''.

SEC. 104. AIP FORMULA CHANGES.

    (a) Discretionary Fund.--Section 47115 is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsection (h) as subsection (g); and
            (3) by inserting before the period at the end of subsection 
        (g) (as so redesignated) the following: ``with funds made 
        available under this section and, if such funds are not 
        sufficient, with funds made available under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
        rata basis''.
    (b) Amounts Apportioned to Sponsors.--Section 47114(c)(1) is 
amended--
            (1) in subparagraph (A)(v) by inserting ``subject to 
        subparagraph (C),'' before ``$.50''; and
            (2) by adding at the end the following:
    ``(C) The amount to be apportioned for a fiscal year for a 
passenger described in subparagraph (A)(v) shall be reduced to $.40 if 
the total amount made available under section 48103 for such fiscal 
year is less than $1,350,000,000.''.
    (c) Entitlement for General Aviation Airports.--Section 47114(d)(2) 
is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``18.5 percent'' and inserting ``20 percent'';
            (2) in subparagraph (A) by striking ``0.66'' and inserting 
        ``0.62; and
            (3) in each of subparagraphs (B) and (C) by striking 
        ``49.67'' and inserting ``49.69''.
    (d) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) Special rule.--An amount apportioned under paragraph 
        (2) of this subsection for airports in Alaska, Puerto Rico, or 
        Hawaii may be made available by the Secretary for any public 
        airport in those respective jurisdictions.''.
    (e) Use of State-Apportioned Funds for System Planning.--Section 
47114(d) is further amended by adding at the end the following:
            ``(4) Integrated airport system planning.--Notwithstanding 

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