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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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S. 1994 Federal Aviation Reauthorization Act of 1996
[Congressional Record: September 18, 1996 (Senate)]
[Page S10759-S10776]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
FEDERAL AVIATION REAUTHORIZATION ACT OF 1996
The Senate continued with the consideration of the bill.
Vote
The PRESIDING OFFICER. Under the previous order, the question is on
passage of H.R. 3539, as amended. The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller] is necessarily absent.
The PRESIDING OFFICER (Ms. Snowe). Are there any other Senators in
the Chamber who desire to vote?
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 293 Leg.]
YEAS--99
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Faircloth
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NOT VOTING--1
Rockefeller
The bill (H.R. 3539), as amended, was passed, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 3539) entitled ``An Act to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes'', do pass with the
following amendment:
Strike out all after the enacting clause and insert:
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.
[[Page S10760]]
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities.
Sec. 103. Research and development.
Sec. 104. Airport improvement program.
Sec. 105. Interaccount flexibility.
TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
Sec. 201. Pavement maintenance program.
Sec. 202. Maximum percentages of amount made available for grants to
certain primary airports.
Sec. 203. Discretionary fund.
Sec. 204. Designating current and former military airports.
Sec. 205. State block grant program.
Sec. 206. Access to airports by intercity buses.
TITLE III--AVIATION SAFETY AND SECURITY
Sec. 301. Report including proposed legislation on funding for airport
security.
Sec. 302. Family advocacy.
Sec. 303. Accident and safety data classification; report on effects of
publication and automated surveillance targeting systems.
Sec. 304. Weapons and explosive detection study.
Sec. 305. Requirement for criminal history records checks.
Sec. 306. Interim deployment of commercially available explosive
detection equipment.
Sec. 307. Audit of performance of background checks for certain
personnel.
Sec. 308. Sense of the Senate on passenger profiling.
Sec. 309. Authority to use certain funds for airport security programs
and activities.
Sec. 310. Development of aviation security liaison agreement.
Sec. 311. Regular joint threat assessments.
Sec. 312. Baggage match report.
Sec. 313. Enhanced security programs.
Sec. 314. Report on air cargo.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Acquisition of housing units.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Application of FAA regulations.
Sec. 404. Sense of the Senate regarding the funding of the Federal
Aviation Administration.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Sense of the Senate regarding the air ambulance exemption
from certain Federal excise taxes.
Sec. 407. FAA safety mission.
Sec. 408. Carriage of candidates in State and local elections.
Sec. 409. Train whistle requirements.
Sec. 410. Limitation on authority of States to regulate gambling
devices on vessels.
Sec. 411. Special flight rules in the vicinity of Grand Canyon National
Park.
Sec. 412. Increased fees.
Sec. 413. Transfer of air traffic control tower; closing of flight
service stations.
Sec. 414. Sense of the Senate regarding acts of international
terrorism.
Sec. 415. Reporting for procurement contracts.
Sec. 416. Provisions relating to limited scope audit.
Sec. 417. Advance electronic transmission of cargo and passenger
information.
TITLE V--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS
Sec. 501. Commercial space launch amendments.
TITLE VI--AIR TRAFFIC MANAGEMENT SYSTEM PERFORMANCE IMPROVEMENT ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Effective date.
Subtitle A--General Provisions
Sec. 621. Findings.
Sec. 622. Purposes.
Sec. 623. Regulation of civilian air transportation and related
services by the Federal Aviation Administration and
Department of Transportation.
Sec. 624. Regulations.
Sec. 625. Personnel and services.
Sec. 626. Contracts.
Sec. 627. Facilities.
Sec. 628. Property.
Sec. 629. Transfers of funds from other Federal agencies.
Sec. 630. Management Advisory Council.
Sec. 631. Aircraft engine standards.
Sec. 632. Rural air fare study.
Subtitle B--Federal Aviation Administration Streamlining Programs
Sec. 651. Review of acquisition management system.
Sec. 652. Air traffic control modernization reviews.
Sec. 653. Federal Aviation Administration personnel management system.
Sec. 654. Conforming amendment.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
Sec. 671. Findings.
Sec. 672. Purposes.
Sec. 673. User fees for various Federal Aviation Administration
services.
Sec. 674. Independent assessment and task force to review existing and
innovative funding mechanisms.
Sec. 675. Procedure for consideration of certain funding proposals.
Sec. 676. Administrative provisions.
Sec. 677. Advance appropriations for Airport and Airway Trust Fund
activities.
Sec. 678. Rural Air Service Survival Act.
TITLE VII--PILOT RECORDS
Sec. 701. Short title.
Sec. 702. Employment investigations of pilot applicants.
Sec. 703. Study of minimum standards for pilot qualifications.
TITLE VIII--ABOLITION OF BOARD OF REVIEW
Sec. 801. Abolition of Board of Review and related authority.
Sec. 802. Sense of the Senate.
Sec. 803. Conforming amendments in other law.
Sec. 804. Definitions.
Sec. 805. Increase in number of Presidentially appointed members of
Board.
Sec. 806. Reconstituted Board to function without interruption.
Sec. 807. Operational slots at National Airport.
Sec. 808. Airports authority support of Board.
TITLE IX--AIRPORT REVENUE PROTECTION
Sec. 901. Short title.
Sec. 902. Findings; purpose.
Sec. 903. Definitions.
Sec. 904. Restriction on use of airport revenues.
Sec. 905. Regulations; audits and accountability.
Sec. 906. Conforming amendments to the Internal Revenue Code of 1986.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 1001. Expenditures from airport and airway trust fund.
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.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) Authorization of Appropriations From General Fund.--
Section 106(k) is amended--
(1) by striking ``and'' after ``1995,''; and
(2) by inserting before the period at the end the
following: ``, and $5,000,000,000 for fiscal year 1997.''.
(b) Authorization of Appropriations From Trust Fund.--
Section 48104(b) is amended--
(1) in the subsection heading by striking ``for Fiscal
Years 1993''; and
(2) by striking the phrase ``for fiscal year 1993''.
(c) Clerical Amendment.--Section 48108 is amended by
striking subsection (c).
SEC. 102. AIR NAVIGATION FACILITIES.
Section 48101(a) is amended by adding at the end the
following:
``(5) For the fiscal years ending September 30, 1991-1997,
$17,929,000,000.''.
SEC. 103. RESEARCH AND DEVELOPMENT.
Section 48102(a) is amended by striking ``title:'' and all
that follows through the end of the subsection, and inserting
the following: ``title, $206,000,000 for fiscal year 1997.''.
SEC. 104. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is
amended--
(1) by striking ``and $21,958,500,000'' and inserting
``$19,200,500,000''; and
(2) by inserting before the period at the end the
following: ``, $21,480,500,000 for fiscal years ending before
October 1, 1997.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``1996'' and inserting ``1997''.
SEC. 105. INTERACCOUNT FLEXIBILITY.
Section 106 is amended by adding at the end the following
new subsection:
``(l) Interaccount Flexibility.--
``(1) Except as provided in paragraph (2), the
Administrator may transfer budget authority derived from
trust funds among appropriations authorized by subsection (k)
and sections 48101 and 48102, if the aggregate estimated
outlays in such accounts in the fiscal year in which the
transfers are made will not be increased as a result of such
transfer.
``(2) The transfer of budget authority under paragraph (1)
may be made only to the extent that outlays do not exceed the
aggregate estimated outlays.
``(3) A transfer of budget authority under paragraph (1)
may not result in a net decrease of more than 5 percent, or a
net increase of more than 10 percent, in the budget authority
available under any appropriation involved in that transfer.
``(4) Any action taken pursuant to this section shall be
treated as a reprogramming of funds that is subject to review
by the appropriate committees of the Congress.
``(5) The Administrator may transfer budget authority
pursuant to this section only after--
``(A) submitting a written explanation of the proposed
transfer to the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate; and
``(B) 30 days have passed after the explanation is
submitted and none of the committees notifies the
Administrator in writing that it objects to the proposed
transfer within the 30 day period.''.
TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
SEC. 201. PAVEMENT MAINTENANCE PROGRAM.
(a) Pavement Maintenance.--Chapter 471 is amended by adding
the following section at the end of subchapter I:
[[Page S10761]]
``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
regulations shall provide that the Administrator may
designate not more than 10 projects. The regulations 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 enactment of the Federal Aviation
Reauthorization Act of 1996 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 chapter analysis for
subchapter I of chapter 471 is amended by inserting after the
item relating to section 47131 the following new item:
``47132. Pavement maintenance.''.
SEC. 202. MAXIMUM PERCENTAGES OF AMOUNT MADE AVAILABLE FOR
GRANTS TO CERTAIN PRIMARY AIRPORTS.
Section 47114 is amended by adding at the end thereof the
following:
``(g) Sliding Scale.--
``(1) Notwithstanding any other provision of this title, of
the amount newly made available under section 48103 of this
title for fiscal year 1997 to make grants, not more than the
percentage of such amount newly made available that is
specified in paragraph (2) shall be distributed in total in
such fiscal year for grants described in paragraph (3).
``(2) If the amount newly made available is--
``(A) not more than $1,150,000,000, then the percentage is
47.0;
``(B) more than $1,150,000,000 but not more than
$1,250,000,000, then the percentage is 46.0;
``(C) more than $1,250,000,000 but not more than
$1,350,000,000, then the percentage is 45.4;
``(D) more than $1,350,000,000 but not more than
$1,450,000,000, then the percentage is 44.8; or
``(E) more than $1,450,000,000 but not more than
$1,550,000,000, then the percentage is 44.3.
``(3) This subsection applies to the aggregate amount of
grants in a fiscal year for projects at those primary
airports that each have not less than 0.25 per centum of the
total passenger boardings in the United States in the
preceding calendar year.''.
SEC. 203. DISCRETIONARY FUND.
Section 47115 is amended--
(1) by striking ``and'' at the end of subsection (d)(2) and
inserting a comma and 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
that 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 redesignating paragraph (3) of subsection (d) as
paragraph (5), and by inserting after paragraph (2) of that
subsection the following:
``(3) 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) of
this subsection;
``(4) 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, during that
period, the number of passenger boardings was 20 percent or
greater than the number of such boardings during the 12-month
period preceding that period; and'';
(3) by redesignating the second subsection (f) as
subsection (g); and
(4) 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. 204. 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)(E) 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, and Utilities.--Subsection
(f) of section 47118 is amended by striking ``the fiscal
years ending September 30, 1993-1996,'' and inserting ``for
fiscal years beginning after September 30, 1992,''.
(d) One-Year Extension.--Section 47117(e)(1)(E) is amended
by striking ``and 1996,'' and inserting ``1996, and 1997,''.
SEC. 205. STATE BLOCK GRANT PROGRAM.
(a) Participating States.--Section 47128(b) is amended--
(1) by striking paragraph (2);
(2) by redesignating subparagraphs (A) through (E) of
paragraph (1) as paragraphs (1) through (5), respectively;
and
(3) by striking ``(1) A State'' and inserting ``A State''.
(b) Use of State Priority System.--Section 47128(c) is
amended 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) Change of Expiration Date.--Section 47128(d) is amended
by striking ``1996'' and inserting ``1997''.
SEC. 206. 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.''.
TITLE III--AVIATION SAFETY AND SECURITY
SEC. 301. REPORT INCLUDING PROPOSED LEGISLATION ON FUNDING
FOR AIRPORT SECURITY.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall conduct a
study and submit to the Congress a report on whether, and if
so, how to transfer certain responsibilities of air carriers
under Federal law for security activities conducted onsite at
airports to airport operators who are subject to section
44903 of title 49, United States Code, or to the Federal
Government or providing for shared responsibilities between
air carriers and airport operators or the Federal Government.
(b) Contents of Report.--The report submitted under this
section shall--
(1) examine potential sources of Federal and non-Federal
revenue that may be used to fund security activities
including but not limited to providing grants from funds
received as fees collected under a fee system established
under subpart C of this title and the amendments made by that
subpart; and
(2) provide legislative proposals, if necessary, for
accomplishing the transfer of responsibilities referred to in
subsection (a).
(c) Certification of Screening Companies.--The Federal
Aviation Administrator is directed to certify companies
providing security screening and to improve the training and
testing of security screeners through development of uniform
performance standards for providing security screening
services.
SEC. 302. FAMILY ADVOCACY.
(a) In General.--Subchapter III of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1136. Family advocacy
``(a) In General.--The National Transportation Safety Board
shall establish a program consistent with its existing
authority to provide family advocacy services for aircraft
accidents described in subsection (b)(1) and serve as the
lead agency in coordinating the provision of the services
described in subsection (b). The National Transportation
Safety Board shall, as necessary, in carrying out the
program, cooperate with the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, and
such other public and private organizations as may be
appropriate.
``(b) Family Advocacy Services.--
``(1) In general.--The National Transportation Safety Board
shall work with an air carrier involved in an accident in air
commerce and facilitate the procurement by that air carrier
of the services of family advocates who are not otherwise
employed by an air carrier and who are not employed by the
Federal Aviation Administration to, in the event of an
accident in air commerce--
``(A) apply standards of conduct specified by the National
Transportation Safety Board;
``(B) to the extent practicable, direct and facilitate all
communication among air carriers, surviving passengers,
families of passengers, news reporters, the Federal
Government, and the governments of States and political
subdivisions thereof;
``(C) coordinate with a representative of the air carrier
to jointly direct the notification of the next of kin of
victims of the accident; and
[[Page S10762]]
``(D) carry out such other related duties as the National
Transportation Safety Board determines to be appropriate.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Air carrier.--The term `air carrier' has the meaning
provided that term in section 40102(a)(2).
``(B) Family advocate.--The term `family advocate' shall
have the meaning provided that term by the National
Transportation Safety Board by regulation.''.
(b) Guidelines.--Not later than 90 days after the date of
enactment of this Act, the National Transportation Safety
Board shall issue guidelines for the implementation of the
program established by the Board under section 1136 of title
49, United States Code, as added by subsection (a).
(c) Conforming Amendment.--The chapter analysis for
subchapter III of chapter 11 of title 49, United States Code,
is amended by adding at the end the following:
``1136. Family advocacy.''.
SEC. 303. ACCIDENT AND SAFETY DATA CLASSIFICATION; REPORT ON
EFFECTS OF PUBLICATION AND AUTOMATED
SURVEILLANCE TARGETING SYSTEMS.
(a) Accident and Safety Data Classification.--
(1) In general.--Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Accident and safety data classification and
publication
``(a) In General.--Not later than 90 days after the date of
enactment of this section, the National Transportation Safety
Board (hereafter in this section referred to as the `Board')
shall, in consultation and coordination with the
Administrator of the Federal Aviation Administration
(hereafter in this section referred to as the
`Administrator'), develop a system for classifying air
carrier accident and pertinent safety data maintained by the
Board.
``(b) Requirements for Classification System.--
``(1) In general.--The system developed under this section
shall provide for the classification of accident and safety
data in a manner that, in comparison to the system in effect
on the date of enactment of this section, provides for--
``(A) safety-related categories that provide clearer
descriptions of the passenger safety effects associated with
air transportation;
``(B) clearer descriptions of passenger safety concerns
associated with air transportation accidents; and
``(C) a report to the Congress by the Board that describes
methods for accurately informing the public of the concerns
referred to in subparagraph (B) through regular reporting of
accident and safety data obtained through the system
developed under this section.
``(2) Public comment.--Upon developing a system of
classification under paragraph (1), the Board shall provide
adequate opportunity for public review and comment.
``(3) Final classification.--After providing for public
review and comment, and after consulting with the
Administrator, the Board shall issue final classifications.
The Board shall ensure that air travel accident and safety
data covered under this section is classified in accordance
with the final classifications issued under this section for
data for calendar year 1997, and for each subsequent calendar
year.
``(4) Report on the effects associated with publication of
air transportation accident and safety information.--
``(A) In general.--Not later than the date specified in
subsection (a), the Board shall prepare and submit to the
Congress a report on the effects and potential of the
publication of air transportation accident safety
information.
``(B) Content and form of report.--The report prepared
under this paragraph shall include recommendations concerning
the adoption or revision of requirements for reporting
accident and safety data.
``(5) Recommendations of the administrator.--The
Administrator may, from time to time, request the Board to
consider revisions (including additions to the classification
system developed under this section). The Board shall respond
to any request made by the Administrator under this section
not later than 90 days after receiving that request.
``(c) Presentation of Final Classifications to the
International Civil Aviation Organization.--Not later than 90
days after final classifications are issued under subsection
(b)(3), the Administrator shall--
``(1) present to the International Civil Aviation
Organization the final classification system developed under
this section; and
``(2) seek the adoption of that system by the International
Civil Aviation Organization.''.
(2) Conforming amendment.--The chapter analysis for
subchapter II of chapter 11 of title 49, United States Code,
is amended by adding at the end the following new item:
``1119. Accident and safety data classification and publication.''.
(b) Automated Surveillance Targeting Systems.--Section
44713 is amended by adding at the end the following new
subsection:
``(e) Automated Surveillance Targeting Systems.--
``(1) In general.--The Administrator shall give high
priority to developing and deploying a fully enhanced safety
performance analysis system that includes automated
surveillance to assist the Administrator in prioritizing and
targeting surveillance and inspection activities of the
Federal Aviation Administration.
``(2) Deadlines for deployment.--
``(A) Initial phase.--The initial phase of the operational
deployment of the system developed under this subsection
shall begin not later than December 31, 1997.
``(B) Final phase.--The final phase of field deployment of
the system developed under this subsection shall begin not
later than December 31, 1999. By that date, all principal
operations and maintenance inspectors of the Administration,
and appropriate supervisors and analysts of the
Administration shall have been provided access to the
necessary information and resources to carry out the system.
``(3) Integration of information.--In developing the system
under this section, the Administration shall consider the
near-term integration of accident and incident data into the
safety performance analysis system under this subsection.''.
SEC. 304. WEAPONS AND EXPLOSIVE DETECTION STUDY.
(a) In General.--The Administrator of the Federal Aviation
Administration (hereafter in this section referred to as the
``Administrator'') shall enter into an arrangement with the
Director of the National Academy of Sciences (or if the
National Academy of Sciences is not available, the head of
another equivalent entity) to conduct a study in accordance
to this section.
(b) Panel of Experts.--
(1) In general.--In carrying out a study under this
section, the Director of the National Academy of Sciences (or
the head of another equivalent entity) shall establish a
panel (hereinafter in this section as the ``panel'').
(2) Expertise.--Each member of the panel established under
this subsection shall have expertise in weapons and explosive
detection technology, security, air carrier and airport
operations, or another appropriate area. The Director of the
National Academy of Sciences (or the head of another
equivalent entity) shall ensure that the panel has an
appropriate number of representatives of the areas specified
in the preceding sentence.
(c) Study.--The panel established under subsection (b), in
consultation with the National Science and Technology
Council, representatives of appropriate Federal agencies, and
appropriate members of the private sector, shall--
(1) assess the weapons and explosive detection technologies
that are available at the time of the study that are capable
of being effectively deployed in commercial aviation;
(2) determine how the technologies referred to in paragraph
(1) may more effectively be used for promotion and
improvement of security at airport and aviation facilities
and other secured areas; and
(3) on the basis of the assessments and determinations made
under paragraphs (1) and (2), identify the most promising
technologies for the improvement of the efficiency and cost-
effectiveness of weapons and explosive detection.
(d) Cooperation.--The National Science and Technology
Council shall take such action as may be necessary to
facilitate, to the maximum extent practicable and upon
request of the Director of the National Academy of Sciences
(or the head of another equivalent entity), the cooperation
of representatives of appropriate Federal agencies, as
provided for in subsection (c), in providing the panel, for
the study under this section--
(1) expertise; and
(2) to the extent allowable by law, resources and
facilities.
(e) Reports.--The Director of the National Academy of
Sciences (or the head of another equivalent entity) shall,
pursuant to an arrangement entered into under subsection (a),
submit to the Administrator such reports as the Administrator
considers to be appropriate. Upon receipt of a report under
this subsection, the Administrator shall submit a copy of the
report to the appropriate committees of the Congress.
(f) Authorization of Appropriations.--There are authorized
to be appropriated, for each of fiscal years 1997 through
2001, such sums as may be necessary to carry out this
section.
SEC. 305. REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) In General.--Section 44936(a)(1) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(1)'' and inserting ``(1)(A)''; and
(3) by adding at the end the following:
``(B) The Administrator shall require by regulation that an
employment investigation (including a criminal history record
check in any case described in subparagraph (C)) be conducted
for--
``(i) individuals who will be responsible for screening
passengers or property under section 44901 of this title;
``(ii) supervisors of the individuals described in clause
(i); and
``(iii) such other individuals who exercise security
functions associated with baggage or cargo, as the
Administrator determines is necessary to ensure air
transportation security.
``(C) Under the regulations issued under subparagraph (B),
a criminal history record check shall, as a minimum, be
conducted in any case in which--
``(i) an employment investigation reveals a gap in
employment of 12 months or more that the individual who is
the subject of the investigation does not satisfactorily
account for;
``(ii) that individual is unable to support statements made
on the application of that individual;
``(iii) there are significant inconsistencies in the
information provided on the application of that individual;
or
``(iv) information becomes available during the employment
investigation indicating a possible conviction for one of the
crimes listed in subsection (b)(1)(B).''.
(b) Applicability.--The amendment made by subsection (a)(3)
shall apply to individuals hired to perform functions
described in section
[[Page S10763]]
44936(a)(1)(B) of title 49, United States Code, after the
date of the enactment of this Act, except that the
Administrator may, as the Administrator determines to be
appropriate, require such employment investigations or
criminal history records checks for individuals performing
those functions on the date of enactment of this Act. Nothing
in section 44936 of title 49, United States Code, as amended
by subsection (a) precludes the Administration from
permitting the employment of an individual on an interim
basis while employment or criminal history record checks
required by that section are being conducted.
SEC. 306. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE
EXPLOSIVE DETECTION EQUIPMENT.
Section 44913(a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Until such time as the Administrator determines that
equipment certified under paragraph (1) is commercially
available and has successfully completed operational testing
as provided in paragraph (1), the Administrator shall
facilitate the deployment of such approved commercially
available explosive detection devices as the Administrator
determines will enhance aviation security significantly. The
Administrator shall require that equipment deployed under
this paragraph be replaced by equipment certified under
paragraph (1) when equipment certified under paragraph (1)
becomes commercially available. The Administrator is
authorized, based on operational considerations at individual
airports, to waive the required installation of commercially
available equipment under paragraph (1) in the interests of
aviation security.''.
SEC. 307. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR
CERTAIN PERSONNEL.
Section 44936(a) is amended by adding at the end the
following:
``(3) The Administrator shall provide for the periodic
audit of the effectiveness of criminal history record checks
conducted under paragraph (1) of this subsection.''.
SEC. 308. SENSE OF THE SENATE ON PASSENGER PROFILING.
It is the sense of the Senate that the Administrator of the
Federal Aviation Administration, in consultation with the
intelligence and law enforcement communities, should continue
to assist air carriers in developing computer-assisted and
other appropriate passenger profiling programs which should
be used in conjunction with other security measures and
technologies.
SEC. 309. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY
PROGRAMS AND ACTIVITIES.
(a) In General.--Notwithstanding any other provision of
law, funds referred to in subsection (b) may be used to
expand and enhance air transportation security programs and
other activities (including the improvement of facilities and
the purchase and deployment of equipment) to ensure the
safety and security of passengers and other persons involved
in air travel.
(b) Covered Funds.--The following funds may be used under
subsection (a):
(1) Project grants made under subchapter 1 of chapter 471
of title 49, United States Code.
(2) Passenger facility fees collected under section 40117
of title 49, United States Code.
SEC. 310. DEVELOPMENT OF AVIATION SECURITY LIAISON AGREEMENT.
The Secretary of Transportation and the Attorney General,
acting through the Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of
Investigation, shall enter into an interagency agreement
providing for the establishment of an aviation security
liaison at existing appropriate Federal agencies' field
offices in or near cities served by a designated high-risk
airport.
SEC. 311. REGULAR JOINT THREAT ASSESSMENTS.
The Administrator of the Federal Aviation Administration
and the Director of the Federal Bureau of Investigation shall
carry out joint threat and vulnerability assessments on
security every 3 years, or more frequently, as necessary, at
airports determined to be high risk.
SEC. 312. BAGGAGE MATCH REPORT.
Within 30 days after the completion of the passenger bag
match pilot program recommended by the Vice President's
Commission on Aviation Security, the Administrator shall
submit a report to Congress on the safety effectiveness and
operational effectiveness of the pilot program. The report
shall also assess the extent to which implementation of
baggage match requirements, coupled with the best available
technologies and methodologies, such as passenger profiling,
enhance domestic aviation security.
SEC. 313. ENHANCED SECURITY PROGRAMS.
(a) In General.--Chapter 449 is amended by adding at the
end of subchapter I the following:
``Sec. 44916. Assessments and evaluations
``(a) In General.--
``(1) Periodic assessments.--The Administrator shall
require each air carrier and airport (including the airport
owner or operator in cooperation with the air carriers and
vendors serving each airport) that provides for intrastate,
interstate, or foreign air transportation to conduct periodic
vulnerability assessments of the security systems of that air
carrier or airport, respectively. The Administration shall
perform periodic audits of the assessments referred to in
paragraph (1).
``(2) Investigations.--The Administrator shall conduct
periodic and unannounced inspections of security systems of
airports and air carriers to determine the effectiveness and
vulnerabilities of such systems. To the extent allowable by
law, the Administrator may provide for anonymous tests of
those security systems.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 44915 the following:
``44916. Assessments and evaluations.''.
SEC. 314. REPORT ON AIR CARGO.
Within ---- days after the date of enactment of this Act,
the Secretary of Transportation shall prepare a report for
the Congress on any changes recommended and implemented as a
result of the Vice President's Commission on Aviation
Security to enhance and supplement screening and inspection
of cargo, mail, and company-shipped materials transported in
air commerce. The report shall include an assessment of the
effectiveness of such changes, any additional
recommendations, and, if necessary, any legislative proposals
necessary to carry out additional changes.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. ACQUISITION OF HOUSING UNITS.
Section 40110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Acquisition of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may acquire interests in housing units outside
the contiguous United States.
``(2) Continuing obligations.--Notwithstanding section 1341
of title 31, United States Code, the Administrator may
acquire an interest in a housing unit under paragraph (1)
even if there is an obligation thereafter to pay necessary
and reasonable fees duly assessed upon such unit, including
fees related to operation, maintenance, taxes, and insurance.
``(3) Certification to congress.--The Administrator may
acquire an interest in a housing unit under paragraph (1)
only if the Administrator transmits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before
completing the acquisition a report containing--
``(A) a description of the housing unit and its price; and
``(B) a certification that acquiring the housing unit is
the most cost-beneficial means of providing necessary
accommodations in carrying out this part.
``(4) Payment of fees.--The Administrator may pay, when
due, fees resulting from the acquisition of an interest in a
housing unit under this subsection from any amounts made
available to the Administrator.''.
SEC. 402. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.
(a) In General.--Chapter 401 is amended by redesignating
section 40120 as section 40121 and by inserting after section
40119 the following:
``Sec. 40120. Protection of voluntarily submitted information
``(a) In General.--Notwithstanding any other provision of
law, neither the Administrator of the Federal Aviation
Administration, nor any agency receiving information from the
Administrator, shall disclose voluntarily-provided safety or
security related information if the Administrator finds
that--
``(1) the disclosure of the information would inhibit the
voluntary provision of that type of information and that the
receipt of that type of information aids in fulfilling the
Administrator's safety and security responsibilities; and
``(2) withholding such information from disclosure would be
consistent with the Administrator's safety and security
responsibilities.
``(b) Regulations.--The Administrator shall issue
regulations to carry out this section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 401 is amended by striking the item
relating to section 40120 and inserting the following:
``40120. Protection of voluntarily submitted information.
``40121. Relationship to other laws.''.
SEC. 403. APPLICATION OF FAA REGULATIONS.
In revising title 14, Code of Federal Regulations, in a
manner affecting intrastate aviation in Alaska, the
Administrator of the Federal Aviation Administration shall
consider the extent to which Alaska is not served by
transportation modes other than aviation, and shall establish
such regulatory distinctions as the Administrator deems
appropriate.
SEC. 404. SENSE OF THE SENATE REGARDING THE FUNDING OF THE
FEDERAL AVIATION ADMINISTRATION.
(a) Findings.--The Senate finds that--
(1) the Congress is responsible for ensuring that the
financial needs of the Federal Aviation Administration, the
agency that performs the critical function of overseeing the
Nation's air traffic control system and ensuring the safety
of air travelers in the United States, are met;
(2) the number of air traffic control equipment and power
failures is increasing, which could place at risk the
reliability of our Nation's air traffic control system;
(3) aviation excise taxes that constitute the Airport and
Airway Trust Fund, which provides most of the funding for the
Federal Aviation Administration, have expired;
(4) the surplus in the Airport and Airway Trust Fund will
be spent by the Federal Aviation Administration by December
1996;
(5) the existing system of funding the Federal Aviation
Administration will not provide the agency with sufficient
short-term or long-term funding;
(6) this Act creates a sound process to review Federal
Aviation Administration funding and develop a funding system
to meet the Federal Aviation Administration's long-term
funding needs; and
[[Page S10764]]
(7) without immediate action by the Congress to ensure that
the Federal Aviation Administration's financial needs are
met, air travelers' confidence in the system could be
undermined.
(b) Sense of the Senate.--It is the sense of the Senate
that there should be an immediate enactment of an 18-month
reinstatement of the aviation excise taxes to provide short-
term funding for the Federal Aviation Administration.
SEC. 405. AUTHORIZATION FOR STATE-SPECIFIC SAFETY MEASURES.
There are authorized to be appropriated to the Federal
Aviation Administration not more than $10,000,000 for fiscal
year 1997 for the purpose of addressing State-specific
aviation safety problems identified by the National
Transportation Safety Board.
SEC. 406. SENSE OF THE SENATE REGARDING THE AIR AMBULANCE
EXEMPTION FROM CERTAIN FEDERAL EXCISE TAXES.
It is the sense of the Senate that, if the excise taxes
imposed by section 4261 or 4271 of the Internal Revenue Code
of 1986 are reinstated, the exemption from those taxes
provided by section 4261(f) of such Code for air
transportation by helicopter for the purpose of providing
emergency medical services should be broadened to include air
transportation by fixed-wing aircraft for that purpose.
SEC. 407. FAA SAFETY MISSION.
(a) In General.--Section 40104 is amended--
(1) by inserting ``safety of'' before ``air commerce'' in
the section caption;
(2) by inserting ``Safety of'' before ``Air Commerce'' in
the caption of subsection (a); and
(3) by and inserting ``safety of'' before ``air commerce''
in subsection (a).
(b) Clerical Amendment.--The table of sections for chapter
401 is amended by striking the item relating to section 40104
and inserting:
``40104. Promotion of civil aeronautics and air commerce safety.''.
SEC. 408. CARRIAGE OF CANDIDATES IN STATE AND LOCAL
ELECTIONS.
The Administrator of the Federal Aviation Administration
shall revise section 91.321 of the Administration's
regulations (14 C.F.R. 91.321), relating to the carriage of
candidates in Federal elections, to make the same or similar
rules applicable to the carriage of candidates for election
to public office in State and local government elections.
SEC. 409. TRAIN WHISTLE REQUIREMENTS.
The Secretary of Transportation may not implement
regulations issued under section 20153(b) of title 49, United
States Code, requiring audible warnings to be sounded by a
locomotive horn at highway-rail grade crossings, unless--
(1) in implementing the regulations or providing an
exception to the regulations under section 20158(c) of such
title, the Secretary of Transportation takes into account,
among other criteria--
(A) the interest of the communities that, as of July 30,
1996--
(i) have in effect restrictions on sounding of a locomotive
horn at highway-rail grade crossings; or
(ii) have not been subject to the routine (as the term is
defined by the Secretary) sounding of a locomotive horn at
highway-rail grade crossings; and
(B) the past safety record at each grade crossing involved;
and
(2) whenever the Secretary determines that supplementary
safety measures (as that term is defined in section 20153(a)
of title 49, United States Code) are necessary to provide an
exception referred to in paragraph (1), the Secretary--
(A) having considered the extent to which local communities
have established public awareness initiatives and highway-
rail crossing traffic law enforcement programs allows for a
period of not to exceed 3 years, beginning on the date of
that determination, for the installation of those measures;
and
(B) works in partnership with affected communities to
provide technical assistance and to develop a reasonable
schedule for the installation of those measures.
SEC. 410. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Subsection (b)(2) of section 5 of the Act of January 2,
1951 (commonly referred to as the ``Johnson Act'') (64 Stat.
1135, chapter 1194; 15 U.S.C. 1175), is amended by adding at
the end the following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii, a voyage or segment of a
voyage is not described in subparagraph (B) if such voyage or
segment includes or consists of a segment--
``(i) that begins that ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which such segment begins.''.
SEC. 411. SPECIAL FLIGHT RULES IN THE VICINITY OF GRAND
CANYON NATIONAL PARK.
The Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, shall
take such action as may be necessary to provide 30 additional
days for comment by interested persons on the special flight
rules in the vicinity of Grand Canyon National Park described
in the notice of proposed rulemaking issued on July 31, 1996,
at 61 Fed. Reg. 40120 et seq.
SEC. 412. INCREASED FEES.
Notwithstanding any other provision of law, the Surface
Transportation Board shall not increase fees for services in
connection with rail maximum rate complaints pursuant to 49
CFR part 1002, STB Ex Parte No. 542.
SEC. 413. TRANSFER OF AIR TRAFFIC CONTROL TOWER; CLOSING OF
FLIGHT SERVICE STATIONS.
(a) Hickory, North Carolina Tower.--
(1) Transfer.--The Administrator of the Federal Aviation
Administration may transfer any title, right, or interest the
United States has in the air traffic control tower located at
the Hickory Regional Airport to the City of Hickory, North
Carolina, for the purpose of enabling the city to provide air
traffic control services to operators of aircraft.
(2) Study.--The Administrator shall conduct a study to
determine whether the number of operations at Hickory
Regional Airport meet the criteria for contract towers and
shall certify in writing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Commerce and Infrastructure of the House of
Representatives whether that airport meets those criteria.
(b) New Bern-Craven County Station.--The Administrator
shall not close the New Bern-Craven County flight services
station or the Hickory Regional Airport flight service
station unless the Administrator certifies in writing to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that such closure will not
result in a derogation of air safety and that it will reduce
costs to taxpayers.
SEC. 414. SENSE OF THE SENATE REGARDING ACTS OF INTERNATIONAL
TERRORISM.
(a) Findings.--The Senate finds that--
(1) there has been an intensification in the oppression and
disregard for human life among nations that are willing to
export terrorism;
(2) there has been an increase in attempts by criminal
terrorists to murder airline passengers through the
destruction of civilian airliners and the deliberate fear and
death inflicted through bombings of buildings and the
kidnapping of tourists and Americans residing abroad; and
(3) information widely available demonstrates that a
significant portion of international terrorist activity is
state-sponsored, -organized, -condoned, or -directed.
(b) Sense of the Senate.--It is the sense of the Senate
that if evidence establishes beyond a clear and reasonable
doubt that any act of hostility towards any United States
citizen was an act of international terrorism sponsored,
organized, condoned, or directed by any nation, a state of
war should be considered to exist or to have existed between
the United States of America and that nation, beginning as of
the moment that the act of aggression occurs.
SEC. 415. REPORTING FOR PROCUREMENT CONTRACTS.
Section 47112 is amended by adding at the end the following
new subsection:
``(d) Reporting for Procurement Contracts.--(1) The
Secretary of Transportation shall promulgate regulations to
require that each grant agreement that includes the awarding
of any contract that includes Federal funds in an amount
greater than or equal to $5,000,000 under this subchapter
provides for a report to the Secretary that states--
``(A) the number of bids from qualified, responsive and
reasonable bidders that were in amounts lower than the amount
specified in the bid submitted by the bidder awarded the
contract;
``(B) for each bid referred to in subparagraph A (other
than the bid submitted by the bidder awarded the contract)
the amount by which the bid submitted by the bidder awarded
the contract exceeded the lower bid.
``(2) Applicability.--This subsection shall apply to grants
referred to in this paragraph that are awarded on or after
the date of enactment of this Act.''.
SEC. 416. PROVISIONS RELATING TO LIMITED SCOPE AUDIT.
(a) In General.--Subparagraph (C) of section 103(a)(3) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1023(a)(3)(C)) is amended by adding at the end the
following new clause:
``(ii) If an accountant is offering his opinion under this
section in the case of an employee pension benefit plan, the
accountant shall, to the extent consistent with generally
accepted auditing standards, rely on the work of any
independent public accountant of any bank or similar
institution or insurance carrier regulated and supervised and
subject to periodic investigation by a State or Federal
agency that holds assets or processes transactions of the
employee pension benefit plan.''.
(b) Conforming Amendments.--
(1) Section 103(a)(3)(A) of such Act (29 U.S.C.
1023(a)(3)(A)) is amended by striking ``subparagraph (C)''
and inserting ``subparagraph (C)(i)''.
(2) Section 103(a)(3)(C) of such Act (29 U.S.C.
1023(a)(3)(C)) is amended by striking ``(C) The'' and
inserting ``(C)(i) In the case of an employee benefit plan
other than an employee pension benefit plan, the''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to opinions required under section
103(a)(3)(A) of the Employee Retirement Income Security Act
of 1974 for plan years beginning on or after January 1 of the
calendar year following the date of the enactment of this
Act.
SEC. 417. ADVANCE ELECTRONIC TRANSMISSION OF CARGO AND
PASSENGER INFORMATION.
(a) Cargo Information.--
(1) In general.--Section 431(b) of the Tariff Act of 1930
(19 U.S.C. 1431(b)) is amended--
(A) by striking ``Any manifest'' and inserting ``(1) Any
manifest'', and
(B) by adding at the end the following new paragraph:
[[Page S10765]]
``(2)(A) Every passenger air carrier required to make entry
or to obtain clearance under the customs laws of the United
States (or the authorized agent of such carrier) shall
provide by electronic transmission cargo manifest information
described in subparagraph (B) in advance of such entry or
clearance in such manner as the Secretary shall prescribe.
``(B) The information described in this subparagraph is as
follows:
``(i) The airport of arrival or departure, whichever is
appropriate.
``(ii) The airline prefix code.
``(iii) The carrier code.
``(iv) The flight number.
``(v) The date of scheduled arrival or date of departure,
whichever is appropriate.
``(vi) The permit to proceed to the destination, if
applicable.
``(vii) The master and house air waybill numbers and
quantities.
``(viii) The first airport of lading of the cargo.
``(ix) A description and weight of the cargo.
``(x) The shipper's name and address from all air waybills.
``(xi) The consignee name and address from all air
waybills.
``(xii) Notice that actual boarded quantities are not equal
to air waybill quantities.
``(xiii) Transfer or transit information.
``(xiv) Warehouse or other location of the cargo.
``(xv) Any other data that the Secretary may by regulation
prescribe.''.
(2) Conforming amendment.--Subsection (d)(1)(A) of section
431 of such Act is amended by inserting before the semicolon
``or subsection (b)(2)''.
(b) Passenger Information.--The Part II of title IV of the
Tariff Act of 1930 is amended by inserting after section 431
the following new section:
``SEC. 432. PASSENGER MANIFEST INFORMATION REQUIRED FOR AIR
CARRIERS.
``(a) In General.--Every passenger air carrier required to
make entry or obtain clearance under the customs laws of the
United States (or the authorized agent of such carrier) shall
provide by electronic transmission passenger manifest
information described in subsection (b) in advance of such
entry or clearance in such manner and form as the Secretary
shall prescribe.
``(b) Information Described.--The information described in
this subsection is as follows:
``(1) Full name of each passenger.
``(2) Date of birth and citizenship of each passenger.
``(3) Passport number and country of issuance of each
passenger.
``(4) Passenger name record.
``(5) Any additional data that the Secretary, by
regulation, determines is reasonably necessary to ensure
aviation safety pursuant to the Customs laws of the United
States.''.
(c) Definition.--Section 401 of the Tariff Act of 1930 is
amended by adding at the end the following new subsection:
``(t) Passenger Air Carrier.--The term `passenger air
carrier' means an air carrier (as defined in section
40102(a)(2) of title 49, United States Code) or foreign air
carrier (as defined in section 40102(a)(21) of such title 49)
that provides transportation of passengers to or from any
place in the United States.''.
(d) Effective Date.--The amendments made by this section
shall take effect 45 days after the date of the enactment of
this Act.
TITLE V--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS
SEC. 501. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States
Code, is amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104 to read
as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108 to read
as follows:
``70108. Prohibition, suspension, and end of launches,
operation of launch sites and reentry sites, and
reentries.'';
and
(C) by amending the item relating to section 70109 to read
as follows:
``70109. Preemption of scheduled launches or reentries.'';
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching'' both
places it appears in subsection (a)(4);
(C) by inserting ``, reentry vehicles,'' after ``launch
vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services`' after ``launch
services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after ``launches'' both
places it appears in subsection (a)(7);
(F) by inserting ``, reentry sites,'' after ``launch
sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch sites,''
in subsection (a)(9);
(I) by inserting ``and reentry site'' after ``launch site''
in subsection (a)(9);
(J) by inserting ``reentry vehicles,'' after ``launch
vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``commercial
launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry sites,''
after ``launch-site support facilities,'' in subsection
(b)(4);
(3) in section 70102--
(A) by striking ``and any payload'' and inserting in lieu
thereof ``or reentry vehicle and any payload from Earth'' in
paragraph (3);
(B) by inserting ``or reentry vehicle'' after ``means of a
launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10) through (12) as
paragraphs (14) through (16), respectively;
(D) by inserting after paragraph (9) the following new
paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a reentry
vehicle and its payload, if any, for reentry; and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this
chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable
launch vehicle designed to return from outer space
substantially intact.''; and
(E) by inserting ``or reentry services'' after ``launch
services'' each place it appears in paragraph (15), as so
redesignated by subparagraph (C) of this paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after ``Launches'' in
the subsection heading;
(B) by inserting ``and reentries'' after ``space launches''
in paragraph (1); and
(C) by inserting ``and reentry'' after ``space launch'' in
paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70104. Restrictions on launches, operations, and
reentries'';
(B) by inserting ``or reentry site, or to reenter a reentry
vehicle,'' after ``operate a launch site'' each place it
appears in subsection (a);
(C) by inserting ``or reentry'' after ``launch or
operation'' in subsection (a)(3) and (4);
(D) in subsection (b)--
(i) by striking ``launch license'' and inserting in lieu
thereof ``license'';
(ii) by inserting ``or reenter'' after ``may launch''; and
(iii) by inserting ``or reentering'' after ``related to
launching''; and
(E) in subsection (c)--
(i) by amending the subsection heading to read as follows:
``Preventing Launches and Reentries.--'';
(ii) by inserting ``or reentry'' after ``prevent the
launch''; and
(iii) by inserting ``or reentry'' after ``decides the
launch'';
(6) in section 70105--
(A) by inserting ``or a reentry site, or the reentry of a
reentry vehicle,'' after ``operation of a launch site'' in
subsection (b)(1); and
(B) by striking ``or operation'' and inserting in lieu
thereof ``, operation, or reentry'' in subsection (b)(2)(A);
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after ``observer at a
launch site'';
(B) by inserting ``or reentry vehicle'' after ``assemble a
launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after ``with a
launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70108. Prohibition, suspension, and end of launches,
operation of launch sites and reentry sites, and
reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or reentry of a reentry
vehicle,'' after ``operation of a launch site''; and
(ii) by inserting ``or reentry'' after ``launch or
operation'';
(9) in section 70109--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70109. Preemption of scheduled launches or
reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after ``ensure that a
launch'';
(ii) by inserting ``, reentry site,'' after ``United States
Government launch site'';
(iii) by inserting ``or reentry date commitment'' after
``launch date commitment'';
(iv) by inserting ``or reentry'' after ``obtained for a
launch'';
(v) by inserting ``, reentry site,'' after ``access to a
launch site'';
(vi) by inserting ``, or services related to a reentry,''
after ``amount for launch services''; and
(vii) by inserting ``or reentry'' after ``the scheduled
launch''; and
(C) in subsection (c), by inserting ``or reentry'' after
``prompt launching'';
(10) in section 70110--
(A) by inserting ``or reentry'' after ``prevent the
launch'' in subsection (a)(2); and
(B) by inserting ``or reentry site, or reentry of a reentry
vehicle,'' after ``operation of a launch site'' in subsection
(a)(3)(B);
(11) in section 70111--
(A) by inserting ``or reentry'' after ``launch'' in
subsection (a)(1)(A);
(B) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(1)(B);
(C) by inserting ``or reentry services'' after ``or launch
services'' in subsection (a)(2);
[[Page S10766]]
(D) by inserting ``or reentry'' after ``commercial launch''
both places it appears in subsection (b)(1);
(E) by inserting ``or reentry services'' after ``launch
services'' in subsection (b)(2)(C);
(F) by striking ``or its payload for launch'' in subsection
(d) and inserting in lieu thereof ``or reentry vehicle, or
the payload of either, for launch or reentry''; and
(G) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection (d);
(12) in section 70112--
(A) by inserting ``or reentry'' after ``one launch'' in
subsection (a)(3);
(B) by inserting ``or reentry services'' after ``launch
services'' in subsection (a)(4);
(C) by inserting ``or reentry services'' after ``launch
services'' each place it appears in subsection (b);
(D) by inserting ``applicable'' after ``carried out under
the'' in paragraphs (1) and (2) of subsection (b);
(E) by striking ``, Space, and Technology'' in subsection
(d)(1);
(F) by inserting ``or Reentries'' after ``Launches'' in the
heading for subsection (e); and
(G) by inserting ``or reentry site or a reentry'' after
``launch site'' in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2), by
inserting ``or reentry'' after ``one launch'' each place it
appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch site,'';
and
(B) by inserting ``or reentry vehicle'' after ``launch
vehicle'' both places it appears; and
(15) in section 70117--
(A) by inserting ``or reentry site, or to reenter a reentry
vehicle'' after ``operate a launch site'' in subsection (a);
(B) by inserting ``or reentry'' after ``approval of a space
launch'' in subsection (d);
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--A
launch vehicle, reentry vehicle, or payload that is launched
or reentered is not, because of the launch or reentry, an
export or import, respectively, for purposes of a law
controlling exports or imports.''; and
(D) in subsection (g)--
(i) by striking ``operation of a launch vehicle or launch
site,'' in paragraph (1) and inserting in lieu thereof
``reentry, operation of a launch vehicle or reentry vehicle,
or operation of a launch site or reentry site,''; and
(ii) by inserting ``reentry,'' after ``launch,'' in
paragraph (2).
(b) Additional Amendments.--(1) Section 70105 of title 49,
United States Code, is amended--
(A) by inserting ``(1)'' before ``A person may apply'' in
subsection (a);
(B) by striking ``receiving an application'' both places it
appears in subsection (a) and inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following
new paragraph:
``(2) In carrying out paragraph (1), the Secretary may
establish procedures for certification of the safety of a
launch vehicle, reentry vehicle, or safety system, procedure,
service, or personnel that may be used in conducting licensed
commercial space launch or reentry activities.'';
(D) by striking ``and'' at the end of subsection (b)(2)(B);
(E) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(F) by adding at the end of subsection (b)(2) the following
new subparagraph:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter
within 60 days after receipt of such application.''; and
(G) by inserting ``, or the requirement to obtain a
license,'' after ``waive a requirement'' in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall take
effect upon the effective date of final regulations issued
pursuant to section 70105(b)(2)(D) of title 49, United States
Code, as added by paragraph (1)(F) of this subsection.
(3) Section 70102(5) of title 49, United States Code, is
amended--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph:
``(A) activities directly related to the preparation of a
launch site or payload facility for one or more launches;''.
(4) Section 70103(b) of title 49, United States Code, is
amended--
(A) in the subsection heading, as amended by subsection
(a)(4)(A) of this section, by inserting ``and State Sponsored
Spaceports'' after ``and Reentries''; and
(B) in paragraph (1), by inserting `'and State sponsored
spaceports'' after ``private sector''.
(5) Section 70105(a)(1) of title 49, United States Code, as
amended by subsection (b)(1) of this section, is amended by
inserting at the end the following: ``The Secretary shall
submit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a written notice not later than
7 days after any occurrence when a license is not issued
within the deadline established by this subsection.''.
(6) Section 70111 of title 49, United States Code, is
amended--
(A) in subsection (a)(1), by inserting after subparagraph
(B) the following:
``The Secretary shall establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.'';
(B) by striking ``actual costs'' in subsection (b)(1) and
inserting in lieu thereof ``additive costs only''; and
(C) by inserting after subsection (b)(2) the following new
paragraph:
``(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.''.
(7) Section 70112 of title 49, United States Code, is
amended--
(A) in subsection (a)(1), by inserting ``launch, reentry,
or site operator'' after ``(1) When a'';
(B) in subsection (b)(1), by inserting ``launch, reentry,
or site operator'' after ``(1)A''; and
(C) in subsection (f), by inserting ``launch, reentry, or
site operator'' after ``carried out under a''.
(c) Regulations.--(1) Chapter 701 of title 49, United
States Code, is amended by adding at the end the following
new section:
``Sec. 70120. Regulations
``The Secretary of Transportation, within 6 months after
the date of the enactment of this section, shall issue
regulations to carry out this chapter that include--
``(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third parties;
``(2) procedures for requesting and obtaining licenses to
operate a commercial launch vehicle and reentry vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch and reentry; and
``(4) procedures for the application of government
indemnification.''.
(2) The table of sections for such chapter 701 is amended
by adding after the item relating to section 70119 the
following new item:
``70120. Regulations.''.
TITLE VI--AIR TRAFFIC MANAGEMENT SYSTEM PERFORMANCE IMPROVEMENT ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Air Traffic Management
System Performance Improvement Act of 1996''.
SEC. 602. DEFINITIONS.
For the purposes of this title, the following definitions
shall 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. 603. 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. 621. FINDINGS.
The 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 the 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, the 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,
[[Page S10767]]
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. 622. 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. 623. 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 the fifth sentence
of subsection (b) and inserting ``Except as provided in
subsection (f) of this section or in other provisions of law,
the Administrator''; and
(2) by striking subsection (f) 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 of Transportation shall carry
out the duties and powers of the Administration.
``(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) except as otherwise provided in paragraph (3), the
promulgation of regulations, rules, orders, circulars,
bulletins, and other official publications of the
Administration; and
``(ii) 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 to the contrary,
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 on the Executive Schedule
under sections 5312 through 5316 of title 5;
``(B) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service as defined under section 3132(a) (5), (6), and (7) of
title 5, respectively; 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
enactment of this Act.
SEC. 624. REGULATIONS.
Section 106(f), as amended by section 623, 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 18
months after the date of publication in the Federal Register
of a notice of proposed rulemaking or, in the case of an
advanced notice of proposed rulemaking, if issued, not later
than 24 months after that date.
``(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 $50,000,000 or more
(adjusted annually for inflation beginning with the year
following the date of enactment of the Air Traffic Management
System Performance Improvement Act of 1996) in any 1 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 it 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 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 the date of
enactment of the Air Traffic Management System Performance
Improvement Act of 1996 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 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 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).''.
