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106th CONGRESS
1st Session
S. 1174
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 1999
Mr. Reid introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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 ``Aviation
Investment and Reform Act for the 21st Century''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Administrator defined.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. Aviation safety accelerated program.
Sec. 105. AIP formula changes.
Sec. 106. Passenger facility fees.
Sec. 107. Budget submission.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices; emergency call boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Airport security program.
Sec. 134. Inherently low-emission airport vehicle pilot program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of surplus property for public airports.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient Service
Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving
sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
Sec. 205. Determination of distance from hub airport.
Subtitle B--Regional Air Service Incentive Program
Sec. 211. Establishment of regional air service incentive program.
Sec. 212. Authorization of appropriations.
TITLE III--FAA MANAGEMENT REFORM
Sec. 301. Air traffic control system defined.
Sec. 302. Air Traffic Control Oversight Board.
Sec. 303. Chief Operating Officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.
TITLE IV--FAMILY ASSISTANCE
Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Applicability of Death on the High Seas Act.
TITLE V--SAFETY
Sec. 501. Cargo collision avoidance systems deadlines.
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. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.
TITLE VI--WHISTLEBLOWER PROTECTION
Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Repeal of mail rate-setting authority.
Sec. 722. Aircraft situational display data.
Sec. 723. Elimination of backlog of equal employment opportunity
complaints.
Sec. 724. Newport News, Virginia.
Sec. 725. Grant of easement, Los Angeles, California.
Sec. 726. Regulation of Alaska guide pilots.
Sec. 727. Pilot program for capital leasing contracts.
Sec. 728. Aircraft repair and maintenance advisory panel.
Sec. 729. Operations of air taxi industry.
Sec. 730. Sense of Congress concerning completion of comprehensive
national airspace redesign.
Sec. 731. Compliance with requirements.
Sec. 732. Aircraft noise levels at airports.
Sec. 733. FAA consideration of certain State proposals.
TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 805. Reports.
Sec. 806. Exemptions.
Sec. 807. Definitions.
TITLE IX--TRUTH IN BUDGETING
Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway
Trust Fund.
Sec. 904. Applicability.
TITLE X--AVIATION SPENDING GUARANTEE
Sec. 1001. Discretionary spending categories.
Sec. 1002. Budget estimates.
Sec. 1003. Guaranteed expenditure of aviation revenue.
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. ADMINISTRATOR DEFINED.
In this Act, the term ``Administrator'' means the Administrator of
the Federal Aviation Administration.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended by
striking ``shall be $1,205,000,000'' and all that follows through the
period at the end and inserting the following: ``shall be--
``(1) $2,410,000,000 for fiscal year 1999; and
``(2) $5,000,000,000 for each of fiscal years 2000 through
2004.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``March 31, 1999,'' and inserting ``September 30, 2004,''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) General Authorization and Appropriations.--Section 48101(a) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) $2,131,000,000 for fiscal year 1999.
``(2) $3,000,000,000 for fiscal year 2000.
``(3) $3,200,000,000 for each of fiscal years 2001 through
2004.''.
(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 2000, $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 designated by paragraph (1) of
this subsection) by striking ``the Administration'' and all
that follows through the period at the end and inserting the
following: ``the Administration--
``(A) $5,632,000,000 for fiscal year 1999;
``(B) $6,096,000,000 for fiscal year 2000;
``(C) $6,675,000,000 for fiscal year 2001;
``(D) $7,310,000,000 for fiscal year 2002;
``(E) $8,004,000,000 for fiscal year 2003; and
``(F) $8,764,000,000 for fiscal year 2004.'';
(3) by adding at the end the following:
``(2) Authorized expenditures.--Of the amounts appropriated
under paragraph (1) for fiscal years 2000 through 2004--
``(A) $450,000 per fiscal year 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;
``(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;
``(D) such sums as may be necessary may be used to
establish helicopter approach procedures using current
technologies (such as the Global Positioning System) to
support all-weather, emergency medical service for
trauma patients;
``(E) $3,000,000 per fiscal year may be used to
implement the 1998 airport surface operations safety
action plan of the Federal Aviation Administration;
``(F) $2,000,000 per fiscal year may be used to
support a university consortium established to provide
an air safety and security management certificate
program, working cooperatively with United States air
carriers; except that funds under this subparagraph--
``(i) may not be used for the construction
of a building or other facility; and
``(ii) may only be awarded on the basis of
open competition; and
``(G) such sums as may be necessary may be used to
develop or improve training programs (including model
training programs and curriculum) for security
screeners at airports.''; 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 by striking subsections (b) and (c) and inserting the
following:
``(b) Limitation for Fiscal Year 1999.--The amount appropriated
from the Trust Fund for the purposes of paragraphs (1) and (2) of
subsection (a) for fiscal year 1999 may not exceed the lesser of--
``(1) 50 percent of the amount of funds made available
under sections 48101 through 48103 for such fiscal year; or
``(2)(A) 72.5 percent of the amount of funds made available
under sections 106(k) and 48101 through 48103 for such fiscal
year; less
``(B) the amount of funds made available under sections
48101 through 48103 for such fiscal year.
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