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American Association of Airport Executives &
Airports Council International - North America Legislative Affairs Representing the nation's airports in Washington, D.C. |
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Conference Report on H.R. 3539
H.R.3539
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To amend title 49, United States Code, to reauthorize programs of
the Federal Aviation Administration, and for other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Federal Aviation
Reauthorization Act of 1996'.
(b) TABLE OF CONTENTS-
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
SUBTITLE A--REAUTHORIZATION OF FAA PROGRAMS
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
SUBTITLE B--AIRPORT DEVELOPMENT FINANCING
Sec. 121. Apportionments.
Sec. 122. Discretionary fund.
Sec. 123. Use of apportioned amounts.
Sec. 124. Designating current and former military airports.
Sec. 125. Period of applicability of amendments.
SUBTITLE C--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
Sec. 141. Intermodal planning.
Sec. 142. Pavement maintenance program.
Sec. 143. Access to airports by intercity buses.
Sec. 144. Cost reimbursement for projects commenced prior to grant
award.
Sec. 145. Selection of projects for grants from discretionary fund.
Sec. 146. Small airport fund.
Sec. 147. State block grant program.
Sec. 148. Innovative financing techniques.
Sec. 149. Pilot program on private ownership of airports.
TITLE II--FAA REFORM
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Effective date.
SUBTITLE A--GENERAL PROVISIONS
Sec. 221. Findings.
Sec. 222. Purposes.
Sec. 223. Regulation of civilian air transportation and related
services by the Federal Aviation Administration and Department
of Transportation.
Sec. 224. Regulations.
Sec. 225. Personnel and services.
Sec. 226. Contracts.
Sec. 227. Facilities.
Sec. 228. Property.
Sec. 229. Transfers of funds from other Federal agencies.
Sec. 230. Management Advisory Council.
SUBTITLE B--FEDERAL AVIATION ADMINISTRATION STREAMLINING PROGRAMS
Sec. 251. Review of acquisition management system.
Sec. 252. Air traffic control modernization reviews.
Sec. 253. Federal Aviation Administration personnel management
system.
Sec. 254. Conforming amendment.
SUBTITLE C--SYSTEM TO FUND CERTAIN FEDERAL AVIATION ADMINISTRATION
FUNCTIONS
Sec. 271. Findings.
Sec. 272. Purposes.
Sec. 273. User fees for various Federal Aviation Administration
services.
Sec. 274. Independent assessment of FAA financial requirements;
establishment of National Civil Aviation Review Commission.
Sec. 275. Procedure for consideration of certain funding proposals.
Sec. 276. Administrative provisions.
Sec. 277. Advance appropriations for Airport and Airway Trust Fund
activities.
Sec. 278. Rural Air Service Survival Act.
TITLE III--AVIATION SECURITY
Sec. 301. Report including proposed legislation on funding for
airport security.
Sec. 302. Certification of screening companies.
Sec. 303. Weapons and explosive detection study.
Sec. 304. Requirement for criminal history records checks.
Sec. 305. Interim deployment of commercially available explosive
detection equipment.
Sec. 306. Audit of performance of background checks for certain
personnel.
Sec. 307. Passenger profiling.
Sec. 308. Authority to use certain funds for airport security
programs and activities.
Sec. 309. Development of aviation security liaison agreement.
Sec. 310. Regular joint threat assessments.
Sec. 311. Baggage match report.
Sec. 312. Enhanced security programs.
Sec. 313. Report on air cargo.
Sec. 314. Sense of the Senate regarding acts of international
terrorism.
TITLE IV--AVIATION SAFETY
Sec. 401. Elimination of dual mandate.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Supplemental type certificates.
Sec. 404. Certification of small airports.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Aircraft engine standards.
Sec. 407. Accident and safety data classification; report on
effects of publication and automated surveillance targeting
systems.
TITLE V--PILOT RECORD SHARING
Sec. 501. Short title.
Sec. 502. Employment investigations of pilot applicants.
Sec. 503. Studies of minimum standards for pilot qualifications and
of pay for training.
Sec. 504. Study of minimum flight time.
TITLE VI--CHILD PILOT SAFETY
Sec. 601. Short title.
Sec. 602. Child pilot safety.
TITLE VII--FAMILY ASSISTANCE
Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to
families of passengers involved in aircraft accidents.
Sec. 703. Air carrier plans to address needs of families of
passengers involved in aircraft accidents.
Sec. 704. Establishment of task force.
Sec. 705. Limitation on statutory construction.
TITLE VIII--AIRPORT REVENUE PROTECTION
Sec. 801. Short title.
Sec. 802. Findings; purpose.
Sec. 803. Definitions.
Sec. 804. Restriction on use of airport revenues.
Sec. 805. Regulations; audits and accountability.
Sec. 806. Conforming amendments to the Internal Revenue Code of 1986.
TITLE IX--METROPOLITAN WASHINGTON AIRPORTS
Sec. 901. Short title.
Sec. 902. Use of leased property.
Sec. 903. Board of Directors.
Sec. 904. Termination of Board of Review.
Sec. 905. Limitations.
Sec. 906. Use of Dulles Airport Access Highway.
Sec. 907. Effect of judicial order.
Sec. 908. Amendment of lease.
Sec. 909. Sense of the Senate.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
Sec. 1001. Extension of Airport and Airway Trust Fund expenditures.
TITLE XI--FAA RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Authorization of appropriations.
Sec. 1103. Research priorities.
Sec. 1104. Research advisory committee.
Sec. 1105. National aviation research plan.
TITLE XII--MISCELLANEOUS PROVISIONS
Sec. 1201. Purchase of housing units.
Sec. 1202. Clarification of passenger facility revenues as
constituting trust funds.
Sec. 1203. Authority to close airport located near closed or
realigned military base.
Sec. 1204. Gadsden Air Depot, Alabama.
Sec. 1205. Regulations affecting intrastate aviation in Alaska.
Sec. 1206. Westchester County Airport, New York.
Sec. 1207. Bedford Airport, Pennsylvania.
Sec. 1208. Worcester Municipal Airport, Massachusetts.
Sec. 1209. Central Florida Airport, Sanford, Florida.
Sec. 1210. Aircraft Noise Ombudsman.
Sec. 1211. Special rule for privately owned reliever airports.
Sec. 1212. Sense of the Senate regarding the funding of the Federal
Aviation Administration.
Sec. 1213. Rural air fare study.
Sec. 1214. Carriage of candidates in State and local elections.
Sec. 1215. Special flight rules in the vicinity of Grand Canyon
National Park.
Sec. 1216. Transfer of air traffic control tower; closing of flight
service stations.
Sec. 1217. Location of Doppler radar stations, New York.
Sec. 1218. Train whistle requirements.
Sec. 1219. Increased fees.
Sec. 1220. Structures interfering with air commerce.
Sec. 1221. Hawaii cargo.
Sec. 1222. Limitation on authority of States to regulate gambling
devices on vessels.
Sec. 1223. Clarifying amendment.
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, 1996.
(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, 1996.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
SUBTITLE A--REAUTHORIZATION OF FAA PROGRAMS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 48103 is amended--
(1) by striking `September 30, 1981' and inserting `September
30, 1996'; and
(2) by striking `$17,583,500,000' and all that follows
through the period at the end and inserting the following:
`$2,280,000,000 for fiscal years ending before October 1, 1997,
and $4,627,000,000 for fiscal years ending before October 1,
1998.'.
(b) OBLIGATIONAL AUTHORITY- Section 47104(c) is amended by
striking `1996' and inserting `1998'.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 48101(a) is amended
by striking paragraphs (1) through (4) and inserting the following:
`(1) $2,068,000,000 for fiscal year 1997.
`(2) $2,129,000,000 for fiscal year 1998.'.
(b) CLERICAL AMENDMENTS- Chapter 481 is amended--
(1) by striking the heading for section 48101 and inserting
the following:
`Sec. 48101. Air navigation facilities and equipment'; and
(2) in the table of sections by striking the item relating to
section 48101 and inserting the following:
`48101. Air navigation facilities and equipment.'.
SEC. 103. FAA OPERATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND- Section
106(k) is amended by striking `$4,088,000,000' and all that follows
through the period at the end and inserting the following:
`$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal
year 1998.'.
(b) AUTHORIZATION OF APPROPRIATIONS FROM TRUST FUND- Section
48104(c) is amended--
(1) in the subsection heading by striking `1996' and
inserting `1998';
(2) in the matter preceding paragraph (1) by striking `1994,
1995, and 1996' and inserting `1994 through 1998'; and
(3) in paragraph (2)(A) by striking `70 percent' and
inserting `72.5 percent'.
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS- Section
48108(c) is amended by striking `1996' and inserting `1998'.
(d) CLERICAL AMENDMENTS- Chapter 481 is amended--
(1) by striking the heading for section 48104 and inserting
the following:
`Sec. 48104. Operations and maintenance'; and
(2) in the table of sections by striking the item relating to
section 48104 and inserting the following:
`48104. Operations and maintenance.'.
SUBTITLE B--AIRPORT DEVELOPMENT FINANCING
SEC. 121. APPORTIONMENTS.
(a) AMOUNTS APPORTIONED TO SPONSORS-
(1) PRIMARY AIRPORTS- Section 47114(c)(1)(A) is amended--
(A) by striking `and' at the end of clause (iii);
(B) in clause (iv) by striking `additional passenger
boarding' and inserting `of the next 500,000 passenger
boardings';
(C) by striking the period at the end of clause (iv) and
inserting `; and'; and
(D) by adding at the end the following:
`(v) $.50 for each additional passenger boarding at the
airport during the prior calendar year.'.
(2) CARGO ONLY AIRPORTS- Section 47114(c)(2) of such title is
amended to read as follows:
`(2) CARGO ONLY AIRPORTS-
`(A) APPORTIONMENT- Subject to subparagraph (D), the
Secretary shall apportion an amount equal to 2.5 percent of
the amount subject to apportionment each fiscal year to the
sponsors of airports served by aircraft providing air
transportation of only cargo with a total annual landed
weight of more than 100,000,000 pounds.
`(B) SUBALLOCATION FORMULA- Any funds apportioned under
subparagraph (A) to sponsors of airports described in
subparagraph (A) shall be allocated among those airports in
the proportion that the total annual landed weight of
aircraft described in subparagraph (A) landing at each of
those airports bears to the total annual landed weight of
those aircraft landing at all those airports.
`(C) LIMITATION- Not more than 8 percent of the amount
apportioned under subparagraph (A) may be apportioned for
any one airport.
`(D) DISTRIBUTION TO OTHER AIRPORTS- Before apportioning
amounts to the sponsors of airports under subparagraph (A)
for a fiscal year, the Secretary may set-aside a portion of
such amounts for distribution to the sponsors of other
airports, selected by the Secretary, that the Secretary
finds will be served primarily by aircraft providing air
transportation of only cargo.
`(E) DETERMINATION OF LANDED WEIGHT- Landed weight under
this paragraph is the landed weight of aircraft landing at
each airport described in subparagraph (A) during the prior
calendar year.'.
(3) REPEAL OF LIMITATION- Section 47114(c)(3) is repealed.
(b) AMOUNTS APPORTIONED TO STATES- Section 47114(d)(2) of such
title is amended--
(1) by striking `12' and inserting `18.5';
(2) in subparagraph (A) by striking `one' and inserting `0.66';
(3) in each of subparagraphs (B) and (C) by striking `49.5'
and inserting `49.67'; and
(4) in each of subparagraphs (B) and (C) by striking `except'
the second place it appears and all that follows through
`title,' and inserting `excluding primary airports but
including reliever and nonprimary commercial service airports,'.
SEC. 122. DISCRETIONARY FUND.
Section 47115 is amended by striking the second subsection (f),
relating to minimum amounts to be credited, and inserting the
following:
`(g) MINIMUM AMOUNT TO BE CREDITED-
`(1) GENERAL RULE- In a fiscal year, there shall be credited
to the fund, out of amounts made available under section 48103
of this title, an amount that is at least equal to the sum of--
`(A) $148,000,000; plus
`(B) the total amount required from the fund to carry out
in the fiscal year letters of intent issued before January
1, 1996, under section 47110(e) of this title or the
Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been
apportioned in a prior fiscal year under section 47114 of this
title and that remain available for obligation.
`(2) REDUCTION OF APPORTIONMENTS- In a fiscal year in which
the amount credited under subsection (a) is less than the
minimum amount to be credited under paragraph (1), the total
amount calculated under paragraph (3) shall be reduced by an
amount that, when credited to the fund, together with the
amount credited under subsection (a), equals such minimum amount.
`(3) AMOUNT OF REDUCTION- For a fiscal year, the total amount
available to make a reduction to carry out paragraph (2) is the
total of the amounts determined under sections 47114(c)(1)(A),
47114(c)(2), 47114(d), and 47117(e) of this title. Each amount
shall be reduced by an equal percentage to achieve the reduction.
`(4) SPECIAL RULE- For a fiscal year in which the amount
credited to the fund under this subsection exceeds
$300,000,000, the Secretary shall allocate the amount of such
excess as follows:
`(A) 1/3 shall be made available to airports for which
apportionments are made under section 47114(d) of this title.
`(B) 1/3 shall be made available for airport noise
compatibility planning under section 47505(a)(2) of this
title and for carrying out noise compatibility programs
under section 47504(c)(1) of this title.
`(C) 1/3 shall be made available to current or former
military airports for which grants may be made under
section 47117(e)(1)(B) of this title.'.
SEC. 123. USE OF APPORTIONED AMOUNTS.
(a) PERIOD OF AVAILABILITY- Section 47117(b) is amended by
inserting before the period at the end of the first sentence the
following: `or the 3 fiscal years immediately following that year
in the case of a primary airport that had less than .05 percent of
the total boardings in the United States in the preceding calendar
year'.
(b) SPECIAL APPORTIONMENT CATEGORIES- Section 47117(e)(1) is
amended--
(1) by striking `made available under section 48103' and
inserting `available to the discretionary fund under section
47115';
(2) by striking subparagraphs (A), (C), and (D);
(3) by redesignating subparagraphs (B) and (E) as
subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by striking `at
least 12.5' and inserting `At least 31';
(5) by adding at the end of subparagraph (A), as so
redesignated, the following: `The Secretary may count the
amount of grants made for such planning and programs with funds
apportioned under section 47114 in that fiscal year in
determining whether or not such 31 percent requirement is being
met in that fiscal year.';
(6) in subparagraph (B), as so redesignated, by striking `at
least 2.25' and all that follows through `1996,' and inserting
`At least 4 percent for each fiscal year thereafter'; and
(7) by inserting before the period at the end of subparagraph
(B), as so redesignated, the following: `and to sponsors of
noncommercial service airports for grants for operational and
maintenance expenses at any such airport if the amount of such
grants to the sponsor of the airport does not exceed $30,000 in
that fiscal year, if the Secretary determines that the airport
is adversely affected by the closure or realignment of a
military base, and if the sponsor of the airport certifies that
the airport would otherwise close if the airport does not
receive the grant'.
(c) CONFORMING AMENDMENTS- Section 47117(e) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 124. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) GENERAL REQUIREMENTS- Section 47118(a) is amended to read as
follows:
`(a) GENERAL REQUIREMENTS- The Secretary of Transportation shall
designate current or former military airports for which grants may
be made under section 47117(e)(1)(B) of this title. The maximum
number of airports bearing such designation at any time is 12. The
Secretary may only so designate an airport (other than an airport
so designated before August 24, 1994) if--
`(1) the airport is a former military installation closed or
realigned under--
`(A) section 2687 of title 10;
`(B) section 201 of the Defense Authorization Amendments
and Base Closure and Realignment Act (10 U.S.C. 2687 note);
or
`(C) section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note); or
`(2) the Secretary finds that such grants would--
`(A) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft
takeoffs and landings; or
`(B) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight delays.'.
(b) ADDITIONAL DESIGNATION PERIODS- Section 47118(d) is amended
by striking `designation.' and inserting `designation, and for
subsequent 5-fiscal-year periods if the Secretary determines that
the airport satisfies the designation criteria under subsection (a)
at the beginning of each such subsequent 5-fiscal-year period.'.
(c) PARKING LOTS, FUEL FARMS, UTILITIES, AND HANGARS- Section
47118(f) is amended--
(1) in the heading by striking `AND UTILITIES' and inserting
`UTILITIES, AND HANGARS';
(2) by striking `for the fiscal years ending September 30,
1993-1996,' and inserting `for fiscal years beginning after
September 30, 1992,'; and
(3) by striking `and utilities' and inserting `utilities, and
hangars'.
(d) 2-YEAR EXTENSION- Section 47117(e)(1)(B), as redesignated by
section 123(b) of this Act, is amended by striking `and 1996,' and
inserting `1996, 1997, and 1998'.
SEC. 125. PERIOD OF APPLICABILITY OF AMENDMENTS.
The amendments made by this subtitle shall cease to be effective
on September 30, 1998. On and after such date, sections 47114,
47115, 47117, and 47118 of title 49, United States Code, shall read
as if such amendments had not been enacted.
SUBTITLE C--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
SEC. 141. INTERMODAL PLANNING.
Section 47101(g) is amended to read as follows:
`(g) INTERMODAL PLANNING- To carry out the policy of subsection
(a)(5) of this section, the Secretary of Transportation shall take
each of the following actions:
`(1) COORDINATION IN DEVELOPMENT OF AIRPORT PLANS AND
PROGRAMS- Cooperate with State and local officials in
developing airport plans and programs that are based on overall
transportation needs. The airport plans and programs shall be
developed in coordination with other transportation planning
and considering comprehensive long-range land-use plans and
overall social, economic, environmental, system performance,
and energy conservation objectives. The process of developing
airport plans and programs shall be continuing, cooperative,
and comprehensive to the degree appropriate to the complexity
of the transportation problems.
`(2) GOALS FOR AIRPORT MASTER AND SYSTEM PLANS- Encourage
airport sponsors and State and local officials to develop
airport master plans and airport system plans that--
`(A) foster effective coordination between aviation
planning and metropolitan planning;
`(B) include an evaluation of aviation needs within the
context of multimodal planning; and
`(C) are integrated with metropolitan plans to ensure
that airport development proposals include adequate
consideration of land use and ground transportation access.
`(3) REPRESENTATION OF AIRPORT OPERATORS ON MPO'S- Encourage
metropolitan planning organizations, particularly in areas with
populations greater than 200,000, to establish membership
positions for airport operators.'.
SEC. 142. PAVEMENT MAINTENANCE PROGRAM.
(a) PAVEMENT MAINTENANCE- Subchapter I of chapter 471 is amended
by adding at the end the following:
`Sec. 47132. Pavement maintenance
`(a) IN GENERAL- The Administrator of the Federal Aviation
Administration shall issue guidelines to carry out a pavement
maintenance pilot project to preserve and extend the useful life of
runways, taxiways, and aprons at airports for which apportionments
are made under section 47114(d). The guidelines shall provide that
the Administrator may designate not more than 10 projects. The
guidelines shall provide criteria for the Administrator to use in
choosing the projects. At least 2 such projects must be in States
without a primary airport that had 0.25 percent or more of the
total boardings in the United States in the preceding calendar
year. In designating a project, the Administrator shall take into
consideration geographical, climatological, and soil diversity.
`(b) EFFECTIVE DATE- This section shall be effective beginning on
the date of the enactment of this section and ending on September
30, 1999.'.
(b) Compliance With Federal Mandates-
(1) USE OF AIP GRANTS- Section 47102(3) is amended--
(A) in subparagraph (E) by inserting `or under section
40117' before the period at the end; and
(B) in subparagraph (F) by striking `paid for by a grant
under this subchapter and'.
(2) USE OF PASSENGER FACILITY CHARGES- Section 40117(a)(3) is
amended--
(A) by inserting `and' at the end of subparagraph (D);
(B) by striking `; and' at the end of subparagraph (E)
and inserting a period; and
(C) by striking subparagraph (F).
(c) CONFORMING AMENDMENT- The table of sections for such
subchapter is amended by inserting after the item relating to
section 47131 the following:
`47132. Pavement maintenance.'.
SEC. 143. ACCESS TO AIRPORTS BY INTERCITY BUSES.
Section 47107(a) is amended--
(1) by striking `and' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting `; and'; and
(3) by adding at the end the following:
`(20) the airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of
transportation to have access to the airport, but the sponsor
does not have any obligation under this paragraph, or because
of it, to fund special facilities for intercity bus service or
for other modes of transportation.'.
SEC. 144. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO GRANT
AWARD.
(a) COST REIMBURSEMENT- Section 47110(b)(2)(C) is amended to read
as follows:
`(C) if the Government's share is paid only with amounts
apportioned under paragraphs (1) and (2) of section 47114(c) of
this title and if the cost is incurred--
`(i) after September 30, 1996;
`(ii) before a grant agreement is executed for the
project; and
`(iii) in accordance with an airport layout plan approved
by the Secretary and with all statutory and administrative
requirements that would have been applicable to the project
if the project had been carried out after the grant
agreement had been executed;'.
(b) USE OF DISCRETIONARY FUNDS- Section 47110 is amended by
adding at the end the following:
`(g) USE OF DISCRETIONARY FUNDS- A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall not
receive priority consideration with respect to the use of
discretionary funds made available under section 47115 of this
title even if the amounts made available under paragraphs (1) and
(2) of section 47114(c) are not sufficient to cover the
Government's share of the cost of project.'.
SEC. 145. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY FUND.
(a) SELECTION OF PROJECTS FOR GRANTS- Section 47115(d) is amended--
(1) by striking `; and' at the end of paragraph (2) and
inserting the following: `, including, in the case of a project
at a reliever airport, the number of operations projected to be
diverted from a primary airport to the reliever airport as a
result of the project, as well as the cost savings projected to
be realized by users of the local airport system;';
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
`(4) the airport improvement priorities of the States, and
regional offices of the Administration, to the extent such
priorities are not in conflict with paragraphs (1) and (2);
`(5) the projected growth in the number of passengers that
will be using the airport at which the project will be carried
out; and
`(6) any increase in the number of passenger boardings in the
preceding 12-month period at the airport at which the project
will be carried out, with priority consideration to be given to
projects at airports at which the number of passenger boardings
increased by at least 20 percent as compared to the number of
passenger boardings in the 12-month period preceding such
period.'.
(b) PRIORITY FOR LETTERS OF INTENT- Section 47115, as amended by
section 122 of this Act, is further amended by adding at the end
the following:
`(h) PRIORITY FOR LETTERS OF INTENT- In making grants in a fiscal
year with funds made available under this section, the Secretary
shall fulfill intentions to obligate under section 47110(e).'.
SEC. 146. SMALL AIRPORT FUND.
Section 47116 is amended by adding at the end the following:
`(d) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS- In making
grants to sponsors described in subsection (b)(2), the Secretary
shall give priority consideration to multi-year projects for
construction of new runways that the Secretary finds are cost
beneficial and would increase capacity in a region of the United
States.'.
SEC. 147. STATE BLOCK GRANT PROGRAM.
(a) PARTICIPATING STATES- Section 47128 is amended--
(1) in subsection (a) by striking `7 qualified States' and
inserting `8 qualified States for fiscal year 1997 and 9
qualified States for each fiscal year thereafter';
(2) in subsection (b)(1)--
(A) by striking `(1)'; and
(B) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively; and
(3) by striking subsection (b)(2).
(b) USE OF STATE PRIORITY SYSTEM- Section 47128(c) is amended--
(1) by striking `(b)(1)(B) or (C)' and inserting `(b)(2) or
(b)(3)'; and
(2) by adding at the end the following: `In carrying out this
subsection, the Secretary shall permit a State to use the
priority system of the State if such system is not inconsistent
with the national priority system.'.
(c) REPEAL OF EXPIRATION DATE-
(1) IN GENERAL- Section 47128 is amended--
(A) by striking ` [Bold->] pilot [<-Bold] ' in the
section heading;
(B) by striking `pilot' in subsection (a); and
(C) by striking subsection (d).
(2) CONFORMING AMENDMENT- The table of sections for chapter
471 is amended by striking the item relating to section 47128
and inserting the following:
`47128. State block grant program.'.
SEC. 148. INNOVATIVE FINANCING TECHNIQUES.
(a) IN GENERAL- The Secretary of Transportation is authorized to
carry out a demonstration program under which the Secretary may
approve applications under subchapter I of chapter 471 of title 49,
United States Code, for not more than 10 projects for which grants
received under such subchapter may be used to implement innovative
financing techniques.
(b) PURPOSE- The purpose of the demonstration program shall be to
provide information on the use of innovative financing techniques
for airport development projects to Congress and the National Civil
Aviation Review Commission.
(c) LIMITATION- In no case shall the implementation of an
innovative financing technique under the demonstration program
result in a direct or indirect guarantee of any airport debt
instrument by the Federal Government.
(d) INNOVATIVE FINANCING TECHNIQUE DEFINED- In this section, the
term `innovative financing technique' shall be limited to the
following:
(1) Payment of interest.
(2) Commercial bond insurance and other credit enhancement
associated with airport bonds for eligible airport development.
(3) Flexible non-Federal matching requirements.
(e) EXPIRATION OF AUTHORITY- The authority of the Secretary to
carry out the demonstration program shall expire on September 30,
1998.
SEC. 149. PILOT PROGRAM ON PRIVATE OWNERSHIP OF AIRPORTS.
(a) ESTABLISHMENT OF PROGRAM-
(1) IN GENERAL- Subchapter I of chapter 471, as amended by
section 804 of this Act, is further amended by adding after
section 47133 the following:
`Sec. 47134. Pilot program on private ownership of airports
`(a) SUBMISSION OF APPLICATIONS- If a sponsor intends to sell or
lease a general aviation airport or lease any other type of airport
for a long term to a person (other than a public agency), the
sponsor and purchaser or lessee may apply to the Secretary of
Transportation for exemptions under this section.
`(b) APPROVAL OF APPLICATIONS- The Secretary may approve, with
respect to not more than 5 airports, applications submitted under
subsection (a) granting exemptions from the following provisions:
`(1) USE OF REVENUES-
`(A) IN GENERAL- The Secretary may grant an exemption to
a sponsor from the provisions of sections 47107(b) and
47133 of this title (and any other law, regulation, or
grant assurance) to the extent necessary to permit the
sponsor to recover from the sale or lease of the airport
such amount as may be approved--
`(i) by at least 65 percent of the air carriers
serving the airport; and
`(ii) by air carriers whose aircraft landing at the
airport during the preceding calendar year had a total
landed weight during the preceding calendar year of at
least 65 percent of the total landed weight of all
aircraft landing at the airport during such year.
`(B) LANDED WEIGHT DEFINED- In this paragraph, the term
`landed weight' means the weight of aircraft transporting
passengers or cargo, or both, in intrastate, interstate,
and foreign air transportation, as the Secretary determines
under regulations the Secretary prescribes.
`(2) REPAYMENT REQUIREMENTS- The Secretary may grant an
exemption to a sponsor from the provisions of sections 47107
and 47152 of this title (and any other law, regulation, or
grant assurance) to the extent necessary to waive any
obligation of the sponsor to repay to the Federal Government
any grants, or to return to the Federal Government any
property, received by the airport under this title, the Airport
and Airway Improvement Act of 1982, or any other law.
`(3) COMPENSATION FROM AIRPORT OPERATIONS- The Secretary may
grant an exemption to a purchaser or lessee from the provisions
of sections 47107(b) and 47133 of this title (and any other
law, regulation, or grant assurance) to the extent necessary to
permit the purchaser or lessee to earn compensation from the
operations of the airport.
`(c) TERMS AND CONDITIONS- The Secretary may approve an
application under subsection (b) only if the Secretary finds that
the sale or lease agreement includes provisions satisfactory to the
Secretary to ensure the following:
`(1) The airport will continue to be available for public use
on reasonable terms and conditions and without unjust
discrimination.
`(2) The operation of the airport will not be interrupted in
the event that the purchaser or lessee becomes insolvent or
seeks or becomes subject to any State or Federal bankruptcy,
reorganization, insolvency, liquidation, or dissolution
proceeding or any petition or similar law seeking the
dissolution or reorganization of the purchaser or lessee or the
appointment of a receiver, trustee, custodian, or liquidator
for the purchaser or lessee or a substantial part of the
purchaser or lessee's property, assets, or business.
`(3) The purchaser or lessee will maintain, improve, and
modernize the facilities of the airport through capital
investments and will submit to the Secretary a plan for
carrying out such maintenance, improvements, and modernization.
`(4) Every fee of the airport imposed on an air carrier on
the day before the date of the lease of the airport will not
increase faster than the rate of inflation unless a higher
amount is approved--
`(A) by at least 65 percent of the air carriers serving
the airport; and
`(B) by air carriers whose aircraft landing at the
airport during the preceding calendar year had a total
landed weight during the preceding calendar year of at
least 65 percent of the total landed weight of all aircraft
landing at the airport during such year.
`(5) The percentage increase in fees imposed on general
aviation aircraft at the airport will not exceed the percentage
increase in fees imposed on air carriers at the airport.
`(6) Safety and security at the airport will be maintained at
the highest possible levels.
`(7) The adverse effects of noise from operations at the
airport will be mitigated to the same extent as at a public
airport.
`(8) Any adverse effects on the environment from airport
operations will be mitigated to the same extent as at a public
airport.
`(9) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the sale
or lease.
`(d) PARTICIPATION OF CERTAIN AIRPORTS-
`(1) GENERAL AVIATION AIRPORTS- If the Secretary approves
under subsection (b) applications with respect to 5 airports,
one of the airports must be a general aviation airport.
`(2) LARGE HUB AIRPORTS- The Secretary may not approve under
subsection (b) more than 1 application submitted by an airport
that had 1 percent or more of the total passenger boardings (as
defined in section 47102) in the United States in the preceding
calendar year.
`(e) REQUIRED FINDING THAT APPROVAL WILL NOT RESULT IN UNFAIR
METHODS OF COMPETITION- The Secretary may approve an application
under subsection (b) only if the Secretary finds that the approval
will not result in unfair and deceptive practices or unfair methods
of competition.
`(f) INTERESTS OF GENERAL AVIATION USERS- In approving an
application of an airport under this section, the Secretary shall
ensure that the interests of general aviation users of the airport
are not adversely affected.
`(g) PASSENGER FACILITY FEES; APPORTIONMENTS; SERVICE CHARGES-
Notwithstanding that the sponsor of an airport receiving an
exemption under subsection (b) is not a public agency, the sponsor
shall not be prohibited from--
`(1) imposing a passenger facility fee under section 40117 of
this title;
`(2) receiving apportionments under section 47114 of this
title; or
`(3) collecting reasonable rental charges, landing fees, and
other service charges from aircraft operators under section
40116(e)(2) of this title.
`(h) EFFECTIVENESS OF EXEMPTIONS- An exemption granted under
subsection (b) shall continue in effect only so long as the
facilities sold or leased continue to be used for airport purposes.
`(i) REVOCATION OF EXEMPTIONS- The Secretary may revoke an
exemption issued to a purchaser or lessee of an airport under
subsection (b)(3) if, after providing the purchaser or lessee with
notice and an opportunity to be heard, the Secretary determines
that the purchaser or lessee has knowingly violated any of the
terms specified in subsection (c) for the sale or lease of the
airport.
`(j) NONAPPLICATION OF PROVISIONS TO AIRPORTS OWNED BY PUBLIC
AGENCIES- The provisions of this section requiring the approval of
air carriers in determinations concerning the use of revenues, and
imposition of fees, at an airport shall not be extended so as to
apply to any airport owned by a public agency that is not
participating in the program established by this section.
`(k) AUDITS- The Secretary may conduct periodic audits of the
financial records and operations of an airport receiving an
exemption under this section.
`(l) REPORT- Not later than 2 years after the date of the initial
approval of an application under this section, the Secretary shall
transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
implementation of the program under this section.
`(m) GENERAL AVIATION AIRPORT DEFINED- In this section, the term
`general aviation airport' means an airport that is not a
commercial service airport.'.
(2) CONFORMING AMENDMENT- The table of sections for such
chapter is amended by inserting after the item relating to
section 47133, as added by section 804 of this Act, the
following:
`47134. Pilot program on private ownership of airports.'.
(b) TAXATION- Section 40116(b) is amended--
(1) by striking `a State or' and inserting `a State, a'; and
(2) by inserting after `of a State' the following: `, and any
person that has purchased or leased an airport under section
47134 of this title'.
(c) FEDERAL SHARE- Section 47109(a) is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting `; and'; and
(3) by adding at the end the following:
`(3) 40 percent for a project funded by the Administrator
from the discretionary fund under section 47115 at an airport
receiving an exemption under section 47134.'.
(d) RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING AIRPORT
FEES- Section 47129(a) is amended by adding at the end the following:
`(4) FEES IMPOSED BY PRIVATELY-OWNED AIRPORTS- In evaluating
the reasonableness of a fee imposed by an airport receiving an
exemption under section 47134 of this title, the Secretary
shall consider whether the airport has complied with section
47134(c)(4).'.
TITLE II--FAA REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the `Air Traffic Management System
Performance Improvement Act of 1996'.
SEC. 202. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATION- The term `Administration' means the
Federal Aviation Administration.
(2) ADMINISTRATOR- The term `Administrator' means the
Administrator of the Federal Aviation Administration.
(3) SECRETARY- The term `Secretary' means the Secretary of
Transportation.
SEC. 203. EFFECTIVE DATE.
The provisions of this title and the amendments made by this
title shall take effect on the date that is 30 days after the date
of the enactment of this Act.
SUBTITLE A--GENERAL PROVISIONS
SEC. 221. FINDINGS.
Congress finds the following:
(1) In many respects the Administration is a unique agency,
being one of the few non-defense government agencies that
operates 24 hours a day, 365 days of the year, while continuing
to rely on outdated technology to carry out its
responsibilities for a state-of-the-art industry.
(2) Until January 1, 1996, users of the air transportation
system paid 70 percent of the budget of the Administration,
with the remaining 30 percent coming from the General Fund. The
General Fund contribution over the years is one measure of the
benefit received by the general public, military, and other
users of Administration's services.
(3) The Administration must become a more efficient,
effective, and different organization to meet future challenges.
(4) The need to balance the Federal budget means that it may
become more and more difficult to obtain sufficient General
Fund contributions to meet the Administration's future budget
needs.
(5) Congress must keep its commitment to the users of the
national air transportation system by seeking to spend all
moneys collected from them each year and deposited into the
Airport and Airway Trust Fund. Existing surpluses representing
past receipts must also be spent for the purposes for which
such funds were collected.
(6) The aviation community and the employees of the
Administration must come together to improve the system. The
Administration must continue to recognize who its customers are
and what their needs are, and to design and redesign the system
to make safety improvements and increase productivity.
(7) The Administration projects that commercial operations
will increase by 18 percent and passenger traffic by 35 percent
by the year 2002. Without effective airport expansion and
system modernization, these needs cannot be met.
(8) Absent significant and meaningful reform, future
challenges and needs cannot be met.
(9) The Administration must have a new way of doing business.
(10) There is widespread agreement within government and the
aviation industry that reform of the Administration is
essential to safely and efficiently accommodate the projected
growth of aviation within the next decade.
(11) To the extent that Congress determines that certain
segments of the aviation community are not required to pay all
of the costs of the government services which they require and
benefits which they receive, Congress should appropriate the
difference between such costs and any receipts received from
such segment.
(12) Prior to the imposition of any new charges or user fees
on segments of the industry, an independent review must be
performed to assess the funding needs and assumptions for
operations, capital spending, and airport infrastructure.
(13) An independent, thorough, and complete study and
assessment must be performed of the costs to the Administration
and the costs driven by each segment of the aviation system for
safety and operational services, including the use of the air
traffic control system and the Nation's airports.
(14) Because the Administration is a unique Federal entity in
that it is a participant in the daily operations of an
industry, and because the national air transportation system
faces significant problems without significant changes, the
Administration has been authorized to change the Federal
procurement and personnel systems to ensure that the
Administration has the ability to keep pace with new technology
and is able to match resources with the real personnel needs of
the Administration.
(15) The existing budget system does not allow for long-term
planning or timely acquisition of technology by the
Administration.
(16) Without reforms in the areas of procurement, personnel,
funding, and governance, the Administration will continue to
experience delays and cost overruns in its major modernization
programs and needed improvements in the performance of the air
traffic management system will not occur.
(17) All reforms should be designed to help the
Administration become more responsive to the needs of its
customers and maintain the highest standards of safety.
SEC. 222. PURPOSES.
The purposes of this title are--
(1) to ensure that final action shall be taken on all notices
of proposed rulemaking of the Administration within 18 months
after the date of their publication;
(2) to permit the Administration, with Congressional review,
to establish a program to improve air traffic management system
performance and to establish appropriate levels of cost
accountability for air traffic management services provided by
the Administration;
(3) to establish a more autonomous and accountable
Administration within the Department of Transportation; and
(4) to make the Administration a more efficient and effective
organization, able to meet the needs of a dynamic, growing
industry, and to ensure the safety of the traveling public.
SEC. 223. REGULATION OF CIVILIAN AIR TRANSPORTATION AND RELATED
SERVICES BY THE FEDERAL AVIATION ADMINISTRATION
AND DEPARTMENT OF TRANSPORTATION.
(a) IN GENERAL- Section 106 is amended--
(1) by striking `The Administrator' in subsection (b) and
inserting `Except as provided in subsection (f) or in other
provisions of law, the Administrator'; and
(2) in subsection (f)--
(A) by striking `(f) The Secretary' and inserting the
following:
`(f) AUTHORITY OF THE SECRETARY AND THE ADMINISTRATOR-
`(1) AUTHORITY OF THE SECRETARY- Except as provided in
paragraph (2), the Secretary';
(B) in subsection (f)(1), as so designated--
(i) by moving the remainder of the text 2 ems to the
right;
(ii) by striking `The Secretary may not' and
inserting `Neither the Secretary nor the Administrator
may'; and
(iii) by striking `nor' and inserting `or'; and
(C) by adding at the end the following:
`(2) AUTHORITY OF THE ADMINISTRATOR- The Administrator--
`(A) is the final authority for carrying out all
functions, powers, and duties of the Administration
relating to--
`(i) the appointment and employment of all officers
and employees of the Administration (other than
Presidential and political appointees);
`(ii) the acquisition and maintenance of property and
equipment of the Administration;
`(iii) except as otherwise provided in paragraph (3),
the promulgation of regulations, rules, orders,
circulars, bulletins, and other official publications
of the Administration; and
`(iv) any obligation imposed on the Administrator, or
power conferred on the Administrator, by the Air
Traffic Management System Performance Improvement Act
of 1996 (or any amendment made by that Act);
`(B) shall offer advice and counsel to the President with
respect to the appointment and qualifications of any
officer or employee of the Administration to be appointed
by the President or as a political appointee;
`(C) may delegate, and authorize successive redelegations
of, to an officer or employee of the Administration any
function, power, or duty conferred upon the Administrator,
unless such delegation is prohibited by law; and
`(D) except as otherwise provided for in this title, and
notwithstanding any other provision of law, shall not be
required to coordinate, submit for approval or concurrence,
or seek the advice or views of the Secretary or any other
officer or employee of the Department of Transportation on
any matter with respect to which the Administrator is the
final authority.
`(3) DEFINITION OF POLITICAL APPOINTEE- For purposes of this
subsection, the term `political appointee' means any individual
who--
`(A) is employed in a position listed in sections 5312
through 5316 of title 5 (relating to the Executive Schedule);
`(B) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5; or
`(C) is employed in a position in the executive branch of
the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.'.
(b) PRESERVATION OF EXISTING AUTHORITY- Nothing in this title or
the amendments made by this title limits any authority granted to
the Administrator by statute or by delegation that was in effect on
the day before the date of the enactment of this Act.
SEC. 224. REGULATIONS.
Section 106(f), as amended by section 223 of this Act, is further
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
`(3) REGULATIONS-
`(A) IN GENERAL- In the performance of the functions of
the Administrator and the Administration, the Administrator
is authorized to issue, rescind, and revise such
regulations as are necessary to carry out those functions.
The issuance of such regulations shall be governed by the
provisions of chapter 5 of title 5. The Administrator shall
act upon all petitions for rulemaking no later than 6
months after the date such petitions are filed by
dismissing such petitions, by informing the petitioner of
an intention to dismiss, or by issuing a notice of proposed
rulemaking or advanced notice of proposed rulemaking. The
Administrator shall issue a final regulation, or take other
final action, not later than 16 months after the last day
of the public comment period for the regulations or, in the
case of an advanced notice of proposed rulemaking, if
issued, not later than 24 months after the date of
publication in the Federal Register of notice of the
proposed rulemaking.
`(B) APPROVAL OF SECRETARY OF TRANSPORTATION- (i) The
Administrator may not issue a proposed regulation or final
regulation that is likely to result in the expenditure by
State, local, and tribal governments in the aggregate, or
by the private sector, of $100,000,000 or more (adjusted
annually for inflation beginning with the year following
the date of the enactment of the Air Traffic Management
System Performance Improvement Act of 1996) in any year, or
any regulation which is significant, unless the Secretary
of Transportation approves the issuance of the regulation
in advance. For purposes of this paragraph, a regulation is
significant if the Administrator, in consultation with the
Secretary (as appropriate), determines that the regulation
is likely to--
`(I) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or
communities;
`(II) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
`(III) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients thereof; or
`(IV) raise novel legal or policy issues arising out
of legal mandates.
`(ii) In an emergency, the Administrator may issue a
regulation described in clause (i) without prior approval
by the Secretary, but any such emergency regulation is
subject to ratification by the Secretary after it is issued
and shall be rescinded by the Administrator within 5 days
(excluding Saturdays, Sundays, and legal public holidays)
after issuance if the Secretary fails to ratify its issuance.
`(iii) Any regulation that does not meet the criteria of
clause (i), and any regulation or other action that is a
routine or frequent action or a procedural action, may be
issued by the Administrator without review or approval by
the Secretary.
`(iv) The Administrator shall submit a copy of any
regulation requiring approval by the Secretary under clause
(i) to the Secretary, who shall either approve it or return
it to the Administrator with comments within 45 days after
receiving it.
`(C) PERIODIC REVIEW- (i) Beginning on the date which is
3 years after the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996, the
Administrator shall review any unusually burdensome
regulation issued by the Administrator after such date of
enactment beginning not later than 3 years after the
effective date of the regulation to determine if the cost
assumptions were accurate, the benefit of the regulations,
and the need to continue such regulations in force in their
present form.
`(ii) The Administrator may identify for review under the
criteria set forth in clause (i) unusually burdensome
regulations that were issued before the date of the
enactment of the Air Traffic Management System Performance
Improvement Act of 1996 and that have been in force for
more than 3 years.
`(iii) For purposes of this subparagraph, the term
`unusually burdensome regulation' means any regulation that
results in the annual expenditure by State, local, and
tribal governments in the aggregate, or by the private
sector, of $25,000,000 or more (adjusted annually for
inflation beginning with the year following the date of the
enactment of the Air Traffic Management System Performance
Act of 1996) in any year.
`(iv) The periodic review of regulations may be performed
by advisory committees and the Management Advisory Council
established under subsection (p).'.
SEC. 225. PERSONNEL AND SERVICES.
Section 106 is amended by adding at the end the following:
`(l) PERSONNEL AND SERVICES-
`(1) OFFICERS AND EMPLOYEES- Except as provided in section
40122(a) of this title and section 347 of Public Law 104-50,
the Administrator is authorized, in the performance of the
functions of the Administrator, to appoint, transfer, and fix
the compensation of such officers and employees, including
attorneys, as may be necessary to carry out the functions of
the Administrator and the Administration. In fixing
compensation and benefits of officers and employees, the
Administrator shall not engage in any type of bargaining,
except to the extent provided for in section 40122(a), nor
shall the Administrator be bound by any requirement to
establish such compensation or benefits at particular levels.
`(2) EXPERTS AND CONSULTANTS- The Administrator is authorized
to obtain the services of experts and consultants in accordance
with section 3109 of title 5.
`(3) TRANSPORTATION AND PER DIEM EXPENSES- The Administrator
is authorized to pay transportation expenses, and per diem in
lieu of subsistence expenses, in accordance with chapter 57 of
title 5.
`(4) USE OF PERSONNEL FROM OTHER AGENCIES- The Administrator
is authorized to utilize the services of personnel of any other
Federal agency (as such term is defined under section 551(1) of
title 5).
`(5) VOLUNTARY SERVICES-
`(A) GENERAL RULE- In exercising the authority to accept
gifts and voluntary services under section 326 of this
title, and without regard to section 1342 of title 31, the
Administrator may not accept voluntary and uncompensated
services if such services are used to displace Federal
employees employed on a full-time, part-time, or seasonal
basis.
`(B) INCIDENTAL EXPENSES- The Administrator is authorized
to provide for incidental expenses, including
transportation, lodging, and subsistence, for volunteers
who provide voluntary services under this subsection.
`(C) LIMITED TREATMENT AS FEDERAL EMPLOYEES- An
individual who provides voluntary services under this
subsection shall not be considered a Federal employee for
any purpose other than for purposes of chapter 81 of title
5, relating to compensation for work injuries, and chapter
171 of title 28, relating to tort claims.'.
SEC. 226. CONTRACTS.
Section 106(l), as added by section 225 of this Act, is further
amended by adding at the end the following:
`(6) CONTRACTS- The Administrator is authorized to enter into
and perform such contracts, leases, cooperative agreements, or
other transactions as may be necessary to carry out the
functions of the Administrator and the Administration. The
Administrator may enter into such contracts, leases,
cooperative agreements, and other transactions with any Federal
agency (as such term is defined in section 551(1) of title 5)
or any instrumentality of the United States, any State,
territory, or possession, or political subdivision thereof, any
other governmental entity, or any person, firm, association,
corporation, or educational institution, on such terms and
conditions as the Administrator may consider appropriate.'.
SEC. 227. FACILITIES.
Section 106, as amended by section 225 of this Act, is further
amended by adding at the end the following:
`(m) COOPERATION BY ADMINISTRATOR- With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment, personnel,
and facilities of any other Federal agency (as such term is defined
in section 551(1) of title 5) and any other public or private
entity. The Administrator may also cooperate with appropriate
officials of other public and private agencies and
instrumentalities concerning the use of services, equipment,
personnel, and facilities. The head of each Federal agency shall
cooperate with the Administrator in making the services, equipment,
personnel, and facilities of the Federal agency available to the
Administrator. The head of a Federal agency is authorized,
notwithstanding any other provision of law, to transfer to or to
receive from the Administration, without reimbursement, supplies
and equipment other than administrative supplies or equipment.'.
SEC. 228. PROPERTY.
Section 106, as amended by section 227 of this Act, is further
amended by adding at the end the following:
`(n) ACQUISITION-
`(1) IN GENERAL- The Administrator is authorized--
`(A) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and
maintain--
`(i) air traffic control facilities and equipment;
`(ii) research and testing sites and facilities; and
`(iii) such other real and personal property
(including office space and patents), or any interest
therein, within and outside the continental United
States as the Administrator considers necessary;
`(B) to lease to others such real and personal property;
and
`(C) to provide by contract or otherwise for eating
facilities and other necessary facilities for the welfare
of employees of the Administration at the installations of
the Administration, and to acquire, operate, and maintain
equipment for these facilities.
`(2) TITLE- Title to any property or interest therein
acquired pursuant to this subsection shall be held by the
Government of the United States.'.
SEC. 229. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
Section 106, as amended by section 228 of this Act, is further
amended by adding at the end the following:
`(o) TRANSFERS OF FUNDS- The Administrator is authorized to
accept transfers of unobligated balances and unexpended balances of
funds appropriated to other Federal agencies (as such term is
defined in section 551(1) of title 5) to carry out functions
transferred by law to the Administrator or functions transferred
pursuant to law to the Administrator on or after the date of the
enactment of the Air Traffic Management System Performance
Improvement Act of 1996.'.
SEC. 230. MANAGEMENT ADVISORY COUNCIL.
Section 106, as amended by section 229 of this Act, is further
amended by adding at the end the following:
`(p) MANAGEMENT ADVISORY COUNCIL-
`(1) ESTABLISHMENT- Within 3 months after the date of the
enactment of the Air Traffic Management System Performance
Improvement Act of 1996, the Administrator shall establish an
advisory council which shall be known as the Federal Aviation
Management Advisory Council (in this subsection referred to as
the `Council'). With respect to Administration management,
policy, spending, funding, and regulatory matters affecting the
aviation industry, the Council may submit comments, recommended
modifications, and dissenting views to the Administrator. The
Administrator shall include in any submission to Congress, the
Secretary, or the general public, and in any submission for
publication in the Federal Register, a description of the
comments, recommended modifications, and dissenting views
received from the Council, together with the reasons for any
differences between the views of the Council and the views or
actions of the Administrator.
`(2) MEMBERSHIP- The Council shall consist of 15 members, who
shall consist of--
`(A) a designee of the Secretary of Transportation;
`(B) a designee of the Secretary of Defense; and
`(C) 13 members representing aviation interests,
appointed by the President by and with the advice and
consent of the Senate.
`(3) QUALIFICATIONS- No member appointed under paragraph
(2)(C) may serve as an officer or employee of the United States
Government while serving as a member of the Council.
`(4) FUNCTIONS-
`(A) IN GENERAL- (i) The Council shall provide advice and
counsel to the Administrator on issues which affect or are
affected by the operations of the Administrator. The
Council shall function as an oversight resource for
management, policy, spending, and regulatory matters under
the jurisdiction of the Administration.
`(ii) The Council shall review the rulemaking
cost-benefit analysis process and develop recommendations
to improve the analysis and ensure that the public interest
is fully protected.
`(iii) The Council shall review the process through which
the Administration determines to use advisory circulars and
service bulletins.
`(B) MEETINGS- The Council shall meet on a regular and
periodic basis or at the call of the chairman or of the
Administrator.
`(C) ACCESS TO DOCUMENTS AND STAFF- The Administration
may give the Council appropriate access to relevant
documents and personnel of the Administration, and the
Administrator shall make available, consistent with the
authority to withhold commercial and other proprietary
information under section 552 of title 5 (commonly known as
the `Freedom of Information Act'), cost data associated
with the acquisition and operation of air traffic service
systems. Any member of the Council who receives commercial
or other proprietary data from the Administrator shall be
subject to the provisions of section 1905 of title 18,
pertaining to unauthorized disclosure of such information.
`(5) FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY- The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
Council or such aviation rulemaking committees as the
Administrator shall designate.
`(6) Administrative matters-
`(A) TERMS OF MEMBERS- (i) Except as provided in
subparagraph (B), members of the Council appointed by the
President under paragraph (2)(C) shall be appointed for a
term of 3 years.
`(ii) Of the members first appointed by the President--
`(I) 4 shall be appointed for terms of 1 year;
`(II) 5 shall be appointed for terms of 2 years; and
`(III) 4 shall be appointed for terms of 3 years.
`(iii) An individual chosen to fill a vacancy shall be
appointed for the unexpired term of the member replaced.
`(iv) A member whose term expires shall continue to serve
until the date on which the member's successor takes office.
`(B) CHAIRMAN; VICE CHAIRMAN- The Council shall elect a
chair and a vice chair from among the members appointed
under paragraph (2)(C), each of whom shall serve for a term
of 1 year. The vice chair shall perform the duties of the
chairman in the absence of the chairman.
`(C) TRAVEL AND PER DIEM- Each member of the Council
shall be paid actual travel expenses, and per diem in lieu
of subsistence expenses when away from his or her usual
place of residence, in accordance with section 5703 of
title 5.
`(D) DETAIL OF PERSONNEL FROM THE ADMINISTRATION- The
Administrator shall make available to the Council such
staff, information, and administrative services and
assistance as may reasonably be required to enable the
Council to carry out its responsibilities under this
subsection.'.
SUBTITLE B--FEDERAL AVIATION ADMINISTRATION STREAMLINING PROGRAMS
SEC. 251. REVIEW OF ACQUISITION MANAGEMENT SYSTEM.
Not later than April 1, 1999, the Administrator shall employ
outside experts to provide an independent evaluation of the
effectiveness of the Administration's acquisition management system
within 3 months after such date. The Administrator shall transmit a
copy of the evaluation to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
SEC. 252. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.
Chapter 401 is amended by adding at the end the following:
`Sec. 40121. Air traffic control modernization reviews
`(a) REQUIRED TERMINATIONS OF ACQUISITIONS- The Administrator of
the Federal Aviation Administration shall terminate any acquisition
program initiated after the date of the enactment of the Air
Traffic Management System Performance Improvement Act of 1996 and
funded under the Facilities and Equipment account that--
`(1) is more than 50 percent over the cost goal established
for the program;
`(2) fails to achieve at least 50 percent of the performance
goals established for the program; or
`(3) is more than 50 percent behind schedule as determined in
accordance with the schedule goal established for the program.
`(b) AUTHORIZED TERMINATION OF ACQUISITION PROGRAMS- The
Administrator shall consider terminating, under the authority of
subsection (a), any substantial acquisition program that--
`(1) is more than 10 percent over the cost goal established
for the program;
`(2) fails to achieve at least 90 percent of the performance
goals established for the program; or
`(3) is more than 10 percent behind schedule as determined in
accordance with the schedule goal established for the program.
`(c) EXCEPTIONS AND REPORT-
`(1) CONTINUANCE OF PROGRAM, ETC- Notwithstanding subsection
(a), the Administrator may continue an acquisitions program
required to be terminated under subsection (a) if the
Administrator determines that termination would be inconsistent
with the development or operation of the national air
transportation system in a safe and efficient manner.
`(2) DEPARTMENT OF DEFENSE- The Department of Defense shall
have the same exemptions from acquisition laws as are waived by
the Administrator under section 348(b) of Public Law 104-50
when engaged in joint actions to improve or replenish the
national air traffic control system. The Administration may
acquire real property, goods, and services through the
Department of Defense, or other appropriate agencies, but is
bound by the acquisition laws and regulations governing those
cases.
`(3) REPORT- If the Administrator makes a determination under
paragraph (1), the Administrator shall transmit a copy of the
determination, together with a statement of the basis for the
determination, to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives.'.
SEC. 253. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Chapter 401, as amended by section 252 of this Act, is further
amended by adding at the end the following:
`Sec. 40122. Federal Aviation Administration personnel management
system
`(a) In General-
`(1) CONSULTATION AND NEGOTIATION- In developing and making
changes to the personnel management system initially
implemented by the Administrator of the Federal Aviation
Administration on April 1, 1996, the Administrator shall
negotiate with the exclusive bargaining representatives of
employees of the Administration certified under section 7111 of
title 5 and consult with other employees of the Administration.
`(2) MEDIATION- If the Administrator does not reach an
agreement under paragraph (1) with the exclusive bargaining
representatives, the services of the Federal Mediation and
Conciliation Service shall be used to attempt to reach such
agreement. If the services of the Federal Mediation and
Conciliation Service do not lead to an agreement, the
Administrator's proposed change to the personnel management
system shall not take effect until 60 days have elapsed after
the Administrator has transmitted the proposed change, along
with the objections of the exclusive bargaining representatives
to the change, and the reasons for such objections, to Congress.
`(3) COST SAVINGS AND PRODUCTIVITY GOALS- The Administration
and the exclusive bargaining representatives of the employees
shall use every reasonable effort to find cost savings and to
increase productivity within each of the affected bargaining
units.
`(4) ANNUAL BUDGET DISCUSSIONS- The Administration and the
exclusive bargaining representatives of the employees shall
meet annually for the purpose of finding additional cost
savings within the Administration's annual budget as it applies
to each of the affected bargaining units and throughout the
agency.
`(b) EXPERT EVALUATION- On the date that is 3 years after the
personnel management system is implemented, the Administration
shall employ outside experts to provide an independent evaluation
of the effectiveness of the system within 3 months after such date.
For this purpose, the Administrator may utilize the services of
experts and consultants under section 3109 of title 5 without
regard to the limitation imposed by the last sentence of section
3109(b) of such title, and may contract on a sole source basis,
notwithstanding any other provision of law to the contrary.
`(c) PAY RESTRICTION- No officer or employee of the
Administration may receive an annual rate of basic pay in excess of
the annual rate of basic pay payable to the Administrator.
`(d) ETHICS- The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the
Office of Government Ethics, including those set forth in section
2635 of title 5 of the Code of Federal Regulations.
`(e) EMPLOYEE PROTECTIONS- Until July 1, 1999, basic wages
(including locality pay) and operational differential pay provided
employees of the Administration shall not be involuntarily
adversely affected by reason of the enactment of this section,
except for unacceptable performance or by reason of a reduction in
force or reorganization or by agreement between the Administration
and the affected employees' exclusive bargaining representative.
`(f) LABOR-MANAGEMENT AGREEMENTS- Except as otherwise provided by
this title, all labor-management agreements covering employees of
the Administration that are in effect on the effective date of the
Air Traffic Management System Performance Improvement Act of 1996
shall remain in effect until their normal expiration date, unless
the Administrator and the exclusive bargaining representative agree
to the contrary.'.
