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Calendar No. 29
106th CONGRESS
1st Session
S. 82
[Report No. 106-9]
_______________________________________________________________________
A BILL
To authorize appropriations for the Federal Aviation Administration,
and for other purposes.
_______________________________________________________________________
March 8, 1999
Reported with amendments
Calendar No. 29
106th CONGRESS
1st Session
S. 82
[Report No. 106-9]
To authorize appropriations for the Federal Aviation Administration,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 19, 1999
Mr. McCain (for himself, Mr. Hollings, Mr. Lott, Mr. Rockefeller, Mr.
Frist, Mr. Bryan, Mr. Wyden, Mr. Akaka, Mr. Gorton, and Mr. Dorgan)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
March 8, 1999
Reported by Mr. McCain with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize appropriations for 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 SECTIONS.
(a) Short Title.--This Act may be cited as the ``Air Transportation
Improvement Act''.
(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. 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. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.
TITLE III--AMENDMENTS TO AVIATION LAW
Sec. 301. Severable services contracts for periods crossing fiscal
years.
<DELETED>Sec. 302. Foreign carriers eligible for waiver under Airport
Noise and Capacity Act.
</DELETED>Sec. 302. Limited transportation of certain aircraft.
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. Extension of Aviation Insurance Program.
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--MISCELLANEOUS
Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska air guides.
Sec. 412. Application of FAA regulations.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Whistleblower protection for FAA employees.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Equivalency of FAA and EU safety standards.
Sec. 424. Sense of the Senate on property taxes on public-use airports.
Sec. 425. Federal Aviation Administration Personnel Management System.
Sec. 426. Aircraft and aviation component repair and maintenance
advisory panel.
<DELETED>Sec. 427. Report on enhanced domestic airline competition.
</DELETED>Sec. 427. Authority to sell aircraft and aircraft parts for
use in responding to oil spills.
Sec. 428. Aircraft situational display data.
Sec. 429. To express the sense of the Senate concerning a bilateral
agreement between the United States and the
United Kingdom regarding Charlotte-London
route.
Sec. 430. To express the sense of the Senate concerning a bilateral
agreement between the United States and the
United Kingdom regarding Cleveland-London
route.
Sec. 431. Allocation of Trust Fund funding.
Sec. 432. Taos Pueblo and Blue Lakes Wilderness Area demonstration
project.
Sec. 433. Airline marketing disclosure.
Sec. 434. Certain air traffic control towers.
Sec. 435. Compensation under the Death on the High Seas Act.
Sec. 436. FAA study of breathing hoods.
Sec. 437. FAA study of alternative power sources for flight data
recorders and cockpit voice recorders.
Sec. 438. Passenger facility fee letters of intent.
Sec. 439. Elimination of HAZMAT enforcement backlog.
Sec. 440. FAA evaluation of long-term capital leasing.
TITLE V--AVIATION COMPETITION PROMOTION
Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development
program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Slot exemptions for nonstop regional jet service.
Sec. 507. Exemptions to perimeter rule at Ronald Reagan Washington
National Airport.
Sec. 508. Additional slot exemptions at Chicago O'Hare International
Airport.
Sec. 509. Consumer notification of e-ticket expiration dates.
Sec. 510. Regional air service incentive options.
Sec. 511. GAO study of air transportation needs.
TITLE VI--NATIONAL PARK OVERFLIGHTS
Sec. 601. Findings.
Sec. 602. Air tour management plans for national parks.
Sec. 603. Advisory group.
Sec. 604. Overflight fee report.
Sec. 605. Prohibition of commercial air tours over the Rocky Mountain
National Park.
TITLE VII--TITLE 49 TECHNICAL CORRECTIONS
Sec. 701. Restatement of 49 U.S.C. 106(g).
Sec. 702. Restatement of 49 U.S.C. 44909.
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 41720 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
striking ``$1,205,000,000 for the 6-month period beginning 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 ``March 31, 1999,'' and inserting ``September 30, 2000,''.
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
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