H.R. 4057, 1998 Airport Improvement Program Reauthorization Bill (Report)

59 006

105 th Congress

Report

HOUSE OF REPRESENTATIVES

2d Session

105 639

AIRPORT IMPROVEMENT PROGRAM REAUTHORIZATION ACT OF 1998

July 20, 1998.--Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. Shuster, from the Committee on Transportation and Infrastructure,

submitted the following

R E P O R T

[To accompany H.R. 4057]

[Including cost estimate of the Congressional Budget Office]

The Committee on Transportation and Infrastructure, to whom was

referred the bill (H.R. 4057) to amend title 49, United States Code, to

reauthorize programs of the Federal Aviation Administration, and for

other purposes, having considered the same, report favorably thereon

with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

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 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''.

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.''.

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

``(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.

SEC. 105. GRANTS FROM SMALL AIRPORT FUND.

(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.''.

SEC. 106. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

(a) In General.--Subchapter I of chapter 471 is amended by adding at

the end the following:

``47135. Innovative financing techniques

``(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.''.

SEC. 107. AIRPORT SECURITY PROGRAM.

(a) In General.--Chapter 471 (as amended by section 106 of this Act)

is amended by adding the following new section:

``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

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.''.

SEC. 108. MATCHING SHARE FOR STATE BLOCK GRANT 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''.

SEC. 109. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.

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).''.

SEC. 110. TERMINAL DEVELOPMENT COSTS.

(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''.

SEC. 111. CONVEYANCES OF SURPLUS PROPERTY FOR PUBLIC AIRPORTS.

(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.''.

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

(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.''.

SEC. 112. CONSTRUCTION OF RUNWAYS.

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.

SEC. 113. POTOMAC METROPLEX TERMINAL RADAR APPROACH CONTROL FACILITY.

(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.

SEC. 114. GENERAL FACILITIES AUTHORITY.

(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.''.

SEC. 115. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

(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

``(7) the need for the project in order to meet the unique demands

of hosting international quadrennial Olympic events.''.

SEC. 116. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

(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 Sates and has

current gate capacity to handle the demands of the public charter

operation.

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.

SEC. 117. PERIOD OF APPLICABILITY OF AMENDMENTS.

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.

SEC. 118. TECHNICAL AMENDMENTS.

(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.''.

TITLE II--CONTRACT TOWER PROGRAM

SEC. 201. CONTRACT TOWERS.

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.''.

TITLE III--FAMILY ASSISTANCE

SEC. 301. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

(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

(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.''.

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.''.

SEC. 302. AIR CARRIER PLANS.

(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''.

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.''.

SEC. 303. FOREIGN AIR CARRIER PLANS.

(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''.

(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).

SEC. 304. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.

(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.

TITLE IV--WAR RISK INSURANCE PROGRAM

SEC. 401. AVIATION INSURANCE PROGRAM AMENDMENTS.

(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''.

TITLE V--SAFETY

SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

(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.

SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

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''.

SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

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''.

SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

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.''.

SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

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.

SEC. 506. SMALL AIRPORT CERTIFICATION.

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.

SEC. 507. MARKING OF LIFE LIMITED AIRCRAFT PARTS.

(a) Marking Authority.--Chapter 447 is amended by adding the

following new section:

``44725. Marking of life limited aircraft parts

``(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) the failure to mark life limited aircraft parts in accordance

of section 44725.''.

adding at the end the following:

``44725. Marking of life limited aircraft parts.''.

TITLE VI--WHISTLEBLOWER PROTECTION

SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

(a) General Rule.--Chapter 421 is amended by adding at the end the

following:

``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information

``(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:

``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.

SEC. 602. CIVIL PENALTY.

Section 46301(a)(1)(A) is amended by striking ``subchapter II of

chapter 421'' and inserting ``subchapter II or III of chapter 421''.

TITLE VII--CENTENNIAL OF FLIGHT COMMISSION

SEC. 701. SHORT TITLE.

This title may be cited as the ``Centennial of Flight Commemoration

Act''.

SEC. 702. FINDINGS.

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.

SEC. 703. ESTABLISHMENT.

There is established a commission to be known as the Centennial of

Flight Commission.

SEC. 704. MEMBERSHIP.

(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.

(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.

SEC. 705. DUTIES.

(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;

(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.

SEC. 706. POWERS.

(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.

(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.

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