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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
SEC. 625. PERSONNEL AND SERVICES.
Section 106 is amended by adding at the end the following
new subsection:
``(l) Personnel and Services.--
``(1) Officers and employees.--Except as provided in
section 40121(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 40121(a), nor
shall the Administrator be bound by any requirement to
establish such compensation or benefits at particular levels.
[[Page S10768]]
``(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) In general.--(i) 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.
``(ii) The Administrator is authorized to provide for
incidental expenses, including transportation, lodging, and
subsistence for volunteers who provide voluntary services
under this subsection.
``(iii) 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. 626. CONTRACTS.
Section 106(l), as added by section 625 of this title, is
amended by adding at the end the following new paragraph:
``(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. 627. FACILITIES.
Section 106, as amended by section 625 of this title, is
further amended by adding at the end the following new
subsection:
``(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. 628. PROPERTY.
Section 106, as amended by section 627 of this title, is
further amended by adding at the end the following new
subsection:
``(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. 629. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
Section 106, as amended by section 628 of this title, is
further amended by adding at the end the following new
subsection:
``(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. 630. MANAGEMENT ADVISORY COUNCIL.
Section 106, as amended by section 629 of this title, is
further amended by adding at the end the following new
subsection:
``(p) Management Advisory Council.--
``(1) Establishment.--Within 3 months after the date of
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.
``(7) Report to Congress.--The Council, in conjunction with
the Administration, shall undertake a review of the overall
condition of aviation safety in the United States and
emerging trends in the safety of particular sections of the
aviation industry. This shall include an examination of--
``(A) the extent to which the dual mission of the
Administration to promote and regulate civil aviation may
affect aviation safety and provide recommendations to
Congress for any necessary changes the Council, in
conjunction with Administration, deems appropriate; and
``(B) the adequacy of staffing and training resources for
safety personnel of the Administration, including safety
inspectors.
The Council shall report to Congress within 180 days after
the date of enactment of this Act on its findings and
recommendations under this paragraph.
SEC. 631. AIRCRAFT ENGINE STANDARDS.
Subsection (a)(1) of section 44715 is amended to read as
follows:
``(a) Standards and Regulations.--(1) To relieve and
protect the public health and welfare
[[Page S10769]]
from aircraft noise, sonic boom, the Administrator of the
Federal Aviation Administration, as he deems necessary, shall
prescribe--
``(A) standards to measure aircraft noise and sonic boom;
``(B) regulations to control and abate aircraft noise and
sonic boom; and
``(C)(i) the Environmental Protection Agency shall consult
with the Federal Aviation Administration on aircraft engine
emission standards;
``(ii) the Environmental Protection Agency shall not change
the aircraft engine emission standards if such change would
significantly increase noise and adversely affect safety;
``(iii) the Administrator, as the Administrator deems
appropriate, shall provide for the participation of a
representative of the Environmental Protection Agency on such
advisory committees or associated working groups that advise
the Administrator on matters related to the environmental
effects of aircraft and aircraft engines.''.
SEC. 632. RURAL AIR FARE STUDY.
(a) In General.--The Secretary shall conduct a study to--
(1) compare air fares paid (calculated as both actual and
adjusted air fares) for air transportation on flights
conducted by commercial air carriers--
(A) between--
(i) nonhub airports located in small communities; and
(ii) large hub airports; and
(B) between large hub airports;
(2) analyze--
(A) the extent to which passenger service that is provided
from nonhub airports is provided on--
(i) regional commuter commercial air carriers; or
(ii) major air carriers;
(B) the type of aircraft employed in providing passenger
service at nonhub airports; and
(C) whether there is competition among commercial air
carriers with respect to the provision of air service to
passengers from nonhub airports.
(b) Findings.--The Secretary shall include in the report of
the study conducted under subsection (a) findings
concerning--
(1) whether passengers who use commercial air carriers to
and from rural areas (as defined by the Secretary) pay a
disproportionately greater price for that transportation than
passengers who use commercial air carriers between urban
areas (as defined by the Secretary);
(2) the nature of competition, if any, in rural markets (as
defined by the Secretary) for commercial air carriers;
(3) whether a relationship exists between higher air fares
and competition among commercial air carriers for passengers
traveling on jet aircraft from small communities (as defined
by the Secretary) and, if such a relation exists, the nature
of that relationship;
(4) the number of small communities that have lost air
service as a result of the deregulation of commercial air
carriers with respect to air fares;
(5) the number of small communities served by airports with
respect to which, after commercial air carrier fares were
deregulated, jet aircraft service was replaced by turboprop
aircraft service; and
(6) where such replacement occurred, any corresponding
decreases in available seat capacity for consumers at the
airports referred to in that subparagraph.
(c) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit a final
report on the study carried out under subsection (a) to the
Committee on Commerce, Science, and Transportation of the
Senate.
(d) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Adjusted air fare.--The term ``adjusted air fare''
means an actual air fare that is adjusted for distance
traveled by a passenger.
(2) Air carrier.--The term ``air carrier'' is defined in
section 40102(a)(2) of title 49, United States Code.
(3) Airport.--The term ``airport'' is defined in section
40102(9) of such title.
(4) Commercial air carrier.--The term ``commercial air
carrier'' means an air carrier that provides air
transportation for commercial purposes (as determined by the
Secretary).
(5) Hub airport.--The term ``hub airport'' is defined in
section 41731(a)(2) of such title.
(6) Large hub airport.--The term ``large hub airport''
shall be defined by the Secretary but the definition may not
include a small hub airport, as that term is defined in
section 41731(a)(5) of such title.
(7) Major air carrier.--The term ``major air carrier''
shall be defined by the Secretary.
(8) Nonhub airport.--The term ``nonhub airport'' is defined
in section 41731(a)(4) of such title.
(9) Regional commuter air carrier.--The term ``regional
commuter air carrier'' shall be defined by the Secretary.
Subtitle B--Federal Aviation Administration Streamlining Programs
SEC. 651. REVIEW OF ACQUISITION MANAGEMENT SYSTEM.
Not later than April 1, 1999, the Administration shall
employ outside experts to provide an independent evaluation
of the effectiveness of its 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. 652. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.
Chapter 401, as amended by section 402 of this Act, is
amended by redesignating section 40121 as 40123, and by
inserting after section 40120 the following new section:
``Sec. 40121. Air traffic control modernization reviews
``(a) Required Terminations of Acquisitions.--The
Administrator of the Federal Aviation Administration
(hereafter referred to in this section as the
`Administrator') shall terminate any program initiated after
the date of 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 Terminations of Acquisitions.--The
Administrator shall consider terminating, under the authority
of subsection (a), any substantial acquisition 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. 653. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
Chapter 401, as amended by section 652, is further amended
by inserting after section 40121 the following new section:
``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 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 the 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
[[Page S10770]]
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.''.
SEC. 654. CONFORMING AMENDMENT.
The chapter analysis for chapter 401, as amended by section
403(b) of this Act, is amended by striking the item relating
to section 40120 and inserting the following new items:
``40121. Air traffic control modernization reviews.
``40122. Federal Aviation Administration personnel management system.
``40123. Relationship to other laws.''.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
SEC. 671. FINDINGS.
The Congress finds the following:
(1) The Administration is recognized throughout the world
as a leader in aviation safety.
(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
(3) The Administration certifies more than 650 training
schools for pilots and nonpilots, more than 4,858 repair
stations, and more than 193 maintenance schools.
(4) The Administration certifies pilot examiners, who are
then qualified to determine if a person has the skills
necessary to become a pilot.
(5) The Administration certifies more than 6,000 medical
examiners, each of whom is then qualified to medically
certify the qualifications of pilots and nonpilots.
(6) The Administration certifies more than 470 airports,
and provides a limited certification for another 205
airports. Other airports in the United States are also
reviewed by the Administration.
(7) The Administration each year performs more than 355,000
inspections.
(8) The Administration issues more than 655,000 pilot's
licenses and more than 560,000 nonpilot's licenses (including
mechanics).
(9) The Administration's certification means that the
product meets worldwide recognized standards of safety and
reliability.
(10) The Administration's certification means aviation-
related equipment and services meet world-wide recognized
standards.
(11) The Administration's certification is recognized by
governments and businesses throughout the world and as such
may be a valuable element for any company desiring to sell
aviation-related products throughout the world.
(12) The Administration's certification may constitute a
valuable license, franchise, privilege or benefits for the
holders.
(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air
traffic control system. The Administration's design,
acceptance, commissioning, or certification of such equipment
enables the private sector to market those products around
the world, and as such confers a benefit on the manufacturer.
(14) The Administration provides extensive services to
public use aircraft.
SEC. 672. PURPOSES.
The purposes of this title are--
(1) to provide a financial structure for the Administration
so that it will be able to support the future growth in the
national aviation and airport system;
(2) to review existing and alternative funding options,
including incentive-based fees for services, and 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 ensure that any funding will be dedicated solely for
the use of the Administration;
(4) to authorize the Administration to recover the costs of
its services from those who benefit from, but do not
contribute to, the national aviation system and the services
provided by the Administration;
(5) to consider a fee system based on the cost or value of
the services provided and other funding alternatives;
(6) to develop funding options for the Congress in order to
provide for the long-term efficient and cost-effective
support of the Administration and the aviation system; and
(7) to achieve a more efficient and effective
Administration for the benefit of the aviation transportation
industry.
SEC. 673. USER FEES FOR VARIOUS FEDERAL AVIATION
ADMINISTRATION SERVICES.
(a) In General.--Chapter 453 is amended by striking section
45301 and inserting the following new section:
``Sec. 45301. General provisions
``(a) Schedule of Fees.--The Administrator shall establish
a schedule of new fees, and a collection process for such
fees, for the following services provided by the
Administration:
``(1) Air traffic control and related services provided to
aircraft other than military and civilian aircraft of the
United States government or of a foreign government that
neither take off from, nor land in, the United States.
``(2) Services (other than air traffic control services)
provided to a foreign government.
``(b) Limitations.--
``(1) Authorization and impact considerations.--In
establishing fees under subsection (a), the Administrator--
``(A) is authorized to recover in fiscal year 1997
$100,000,000; and
``(B) shall ensure that each of the fees required by
subsection (a) is directly related to the Administration's
costs of providing the service rendered. Services for which
costs may be recovered include the costs of air traffic
control, navigation, weather services, training and emergency
services which are available to facilitate safe
transportation over the United States, and other services
provided by the Administrator or by programs financed by the
Administrator to flights that neither take off nor land in
the United States.
``(2) Publication; comment.--The Administrator shall
publish in the Federal Register an initial fee schedule and
associated collection process as an interim final rule,
pursuant to which public comment will be sought and a final
rule issued.
``(c) Use of Experts and Consultants.--In developing the
system, the Administrator may consult with such
nongovernmental experts as the Administrator may employ and
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. Notwithstanding any other provision of law to the
contrary, the Administrator may retain such experts under a
contract awarded on a basis other than a competitive basis
and without regard to any such provisions requiring
competitive bidding or precluding sole source contract
authority.''.
(b) Conforming Amendment.--The chapter analysis for chapter
453 is amended by striking the item relating to section 45301
and inserting the following new item:
``45301. General provisions.''.
(c) Repeal.--
(1) In general.--Section 70118 is repealed.
(2) Conforming amendment.--The chapter analysis for chapter
701 is amended by striking the item relating to section
70118.
SEC. 674. INDEPENDENT ASSESSMENT AND TASK FORCE TO REVIEW
EXISTING AND INNOVATIVE FUNDING MECHANISMS.
(a) Independent Assessment.--
(1) Initiation.--As soon as all members of the task force
are appointed under subsection (b) of this section, the
Administrator shall contract with an entity independent of
the Administration and the Department of Transportation to
conduct a complete independent assessment of the financial
requirements of the Administration through the year 2002.
(2) Assessment criteria.--The Administrator shall provide
to the independent entity estimates of the financial
requirements of the Administration for the period described
in paragraph (1), using as a base the fiscal year 1997
authorization levels established by the Congress. The
independent assessment shall be based on an objective
analysis of agency funding needs.
(3) Certain factors to be taken into account.--The
independent assessment shall take into account all relevant
factors, including--
(A) anticipated air traffic forecasts;
(B) other workload measures;
(C) estimated productivity gains, if any, which contribute
to budgetary requirements;
(D) the need for programs; and
(E) the need to provide for continued improvements in all
facets of aviation safety, along with operational
improvements in air traffic control.
(4) Cost allocation.--The independent assessment shall also
assess the costs to the Administration occasioned by the
provision of services to each segment of the aviation system.
(5) Deadline.--The independent assessment shall be
completed no later than 90 days after the contract is
awarded, and shall be submitted to the task force, the
Secretary, the Secretary of the Treasury, the Committee on
Commerce, Science, and Transportation and the Committee on
Finance of the Senate, and the Committee on Transportation
and Infrastructure and the Committee on Ways and Means of the
House of Representatives.
(b) Task Force.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of the Treasury, shall establish an 11-member
task force, independent of the Administration and the
Department of Transportation.
(2) Membership.--The members of the task force shall be
selected from among individuals who have expertise in the
aviation industry and who are able, collectively, to
represent a balanced view of the issues important to general
aviation, major air carriers, air cargo carriers, regional
air carriers, business aviation, airports, aircraft
manufacturers, the financial community, aviation industry
workers, and airline passengers. At least one member of the
task force shall have detailed knowledge of the congressional
budgetary process.
(3) Hearings and consultation.--
(A) Hearings.--The task force shall take such testimony and
solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct
2 public hearings after affording adequate notice to the
public thereof, and is authorized to conduct such additional
hearings as may be necessary.
(B) Consultation.--The task force shall consult on a
regular and frequent basis with the Secretary of
Transportation, the Secretary of the Treasury, the Committee
on Commerce, Science, and Transportation and the Committee on
Finance of the Senate, and the Committee on
[[Page S10771]]
Transportation and Infrastructure and the Committee on Ways
and Means of the House of Representatives.
(C) FACA not to apply.--The task force shall not be
considered an advisory committee for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) Duties.--
(A) Report to secretary.--
(i) In general.--The task force shall submit a report
setting forth a comprehensive analysis of the
Administration's budgetary requirements through fiscal year
2002, based upon the independent assessment under subsection
(a), that analyzes alternative financing and funding means
for meeting the needs of the aviation system through the year
2002. The task force shall submit a preliminary report of
that analysis to the Secretary not later than 6 months after
the independent assessment is completed under subsection (a).
The Secretary shall provide comments on the preliminary
report to the task force within 30 days after receiving it.
The task force shall issue a final report of such
comprehensive analysis within 30 days after receiving the
Secretary's comments on its preliminary report.
(ii) Contents.--The report submitted by the task force
under clause (i)--
(I) shall consider the independent assessment under
subsection (a);
(II) shall consider estimated cost savings, if any,
resulting from the procurement and personnel reforms included
in this Act or in sections 347 and 348 of Public Law 104-50,
and additional financial initiatives;
(III) shall include specific recommendations to the
Congress on how the Administration can reduce costs, raise
additional revenue for the support of agency operations, and
accelerate modernization efforts; and
(IV) shall include a draft bill containing the changes in
law necessary to implement its recommendations.
(B) Recommendations.--The task force shall make such
recommendations under subparagraph (A)(III) as the task force
deems appropriate. Those recommendations may include--
(i) alternative financing and funding proposals, including
linked financing proposals;
(ii) modifications to existing levels of Airport and
Airways Trust Fund receipts and taxes for each type of tax;
(iii) establishment of a cost-based user fee system based
on, but not limited to, criteria under subparagraph (F) and
methods to ensure that costs are borne by users on a fair and
equitable basis;
(iv) methods to ensure that funds collected from the
aviation community are able to meet the needs of the agency;
(v) methods to ensure that funds collected from the
aviation community and passengers are used to support the
aviation system;
(vi) means of meeting the airport infrastructure needs for
large, medium, and small airports; and
(vii) any other matter the task force deems appropriate to
address the funding and needs of the Administration and the
aviation system.
(C) Additional recommendations.--The task force report may
also make recommendations concerning--
(i) means of improving productivity by expanding and
accelerating the use of automation and other technology;
(ii) means of contracting out services consistent with this
Act, other applicable law, and safety and national defense
needs;
(iii) methods to accelerate air traffic control
modernization and improvements in aviation safety and safety
services;
(iv) the elimination of unneeded programs; and
(v) a limited innovative program based on funding
mechanisms such as loan guarantees, financial partnerships
with for-profit private sector entities, government-sponsored
enterprises, and revolving loan funds, as a means of funding
specific facilities and equipment projects, and to provide
limited additional funding alternatives for airport capacity
development.
(D) Impact assessment for recommendations.--For each
recommendation contained in the task force's report, the
report shall include a full analysis and assessment of the
impact implementation of the recommendation would have on--
(i) safety;
(ii) administrative costs;
(iii) the congressional budget process;
(iv) the economics of the industry (including the
proportionate share of all users);
(v) the ability of the Administration to utilize the sums
collected; and
(vi) the funding needs of the Administration.
(E) Trust fund tax recommendations.--If the task force's
report includes a recommendation that the existing Airport
and Airways Trust Fund tax structure be modified, the report
shall--
(i) state the specific rates for each group affected by the
proposed modifications;
(ii) consider the impact such modifications shall have on
specific users and the public (including passengers); and
(iii) state the basis for the recommendations.
(F) Fee system recommendations.--If the task force's report
includes a recommendation that a fee system be established,
including an air traffic control performance-based user fee
system, the report shall consider--
(i) the impact such a recommendation would have on
passengers, air fares (including low-fare, high frequency
service), service, and competition;
(ii) existing contributions provided by individual air
carriers toward funding the Administration and the air
traffic control system through contributions to the Airport
and Airways Trust Fund;
(iii) continuing the promotion of fair and competitive
practices;
(iv) the unique circumstances associated with interisland
air carrier service in Hawaii and rural air service in
Alaska;
(v) the impact such a recommendation would have on service
to small communities;
(vi) the impact such a recommendation would have on
services provided by regional air carriers;
(vii) alternative methodologies for calculating fees so as
to achieve a fair and reasonable distribution of costs of
service among users;
(viii) the usefulness of phased-in approaches to
implementing such a financing system;
(ix) means of assuring the provision of general fund
contributions, as appropriate, toward the support of the
Administration; and
(x) the provision of incentives to encourage greater
efficiency in the provision of air traffic services by the
Administration and greater efficiency in the use of air
traffic services by aircraft operators.
(G) Access to documents and staff.--The Administration may
give the task force 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, United States Code (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 task force who receives commercial or other
proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, United States
Code, pertaining to unauthorized disclosure of such
information.
(H) Travel and per diem.--Each member of the task force
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, United
States Code.
(I) Detail of personnel from the administration.--The
Administrator shall make available to the task force such
staff, information, and administrative services and
assistance as may reasonably be required to enable the task
force to carry out its responsibilities under this
subsection.
(5) Authorization of appropriations.--There are hereby
authorized to be appropriated such sums as may be necessary
to carry out the provisions of this subsection.
(c) Report by Secretary to Congress.--
(1) Consideration of task force's preliminary report.--
Within 30 days after receiving the preliminary report of the
task force under subsection (b), the Secretary, in
consultation with the Secretary of the Treasury, shall
furnish comments on that report to the task force.
(2) Secretary's report to congress.--Within 30 days after
receiving the final report of the task force and in no event
more than 1 year after the date of enactment of this Act, the
Secretary, after consulting the Secretary of the Treasury,
shall submit a report, based upon the final report of the
task force, containing the Secretary's recommendations for
funding the needs of the aviation system through the year
2002 to the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Ways and means of the House of Representatives.
(3) Contents.--The Secretary shall include in his report to
the Congress under paragraph (2)--
(A) a copy of the final report of the task force; and
(B) a draft bill containing the changes in law necessary to
implement the Secretary's recommendations.
(4) Publication.--The Secretary shall cause a copy of the
reports to be printed in the Federal Register upon their
submission to Congress.
(d) GAO Audit of Cost Allocation.--The Comptroller General
shall conduct an assessment of the manner in which costs for
air traffic control services are allocated between the
Administration and the Department of Defense. The Comptroller
General shall report the results of the assessment, together
with any recommendations the Comptroller General may have for
reallocation of costs and for opportunities to increase the
efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to the task
force, the Administrator, the Secretary of Defense, the
Committee on Transportation and Infrastructuree of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate not later than 120 days
after the date of enactment of this Act.
SEC. 675. PROCEDURE FOR CONSIDERATION OF CERTAIN FUNDING
PROPOSALS.
(a) In General.--Chapter 481 is amended by adding at the
end thereof the following:
``Sec. 48111. Funding proposals
``(a) Introduction and Referral.--Within 15 days (not
counting any day on which either House is not in session)
after a funding proposal is submitted to the House of
Representatives and the Senate by the Secretary of
Transportation under section 674(c) of the Air Traffic
Management System Performance Improvement Act of 1996, an
implementing bill with respect to such funding proposal shall
be introduced in the House by the Majority Leader of the
House, for himself and the Minority Leader of the House, or
by Members of the House designated by the Majority Leader and
Minority Leader of the House; and shall be introduced in the
Senate by the Majority Leader of the Senate, for himself and
the Minority Leader of the Senate, or by Members of the
Senate designated by the Majority Leader and Minority Leader
of the Senate. The implementing bill shall be referred by the
Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a
[[Page S10772]]
bill containing provisions within the jurisdiction of two or
more committees, jointly to such committees for consideration
of those provisions within their respective jurisdictions.
``(b) Consideration in the House of Representatives.--
``(1) Referral and reporting.--Any committee of the House
of Representatives to which an implementing bill is referred
shall report it, with or without recommendation, not later
than the 45th calendar day of session after the date of its
introduction. If any committee fails to report the bill
within that period, it is in order to move that the House
discharge the committee from further consideration of the
bill. A motion to discharge may be made only by a Member
favoring the bill (but only at a time or place designated by
the Speaker in the legislative schedule of the day after the
calendar day on which the Member offering the motion
announces to the House his intention to do so and the form of
the motion). The motion is highly privileged. Debate thereon
shall be limited to not more than one hour, the time to be
divided in the House equally between a proponent and an
opponent. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order.
``(2) Consideration of implementing bill.--After an
implementing bill is reported or a committee has been
discharged from further consideration, it is in order to move
that the House resolve into the Committee of the Whole House
on the State of the Union for consideration of the bill. If
reported and the report has been available for at least one
calendar day, all points of order against the bill and
against consideration of the bill are waived. If discharged,
all points of order against the bill and against
consideration of the bill are waived. The motion is highly
privileged. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order.
During consideration of the bill in the Committee of the
Whole, the first reading of the bill shall be dispensed with.
General debate shall proceed, shall be confined to the bill,
and shall not exceed one hour equally divided and controlled
by a proponent and an opponent of the bill. The bill shall be
considered as read for amendment under the five-minute rule.
Only one motion to rise shall be in order, except if offered
by the manager. No amendment to the bill is in order except
an amendment that is relevant to aviation funding and the
Federal Aviation Administration. Consideration of the bill
for amendment shall not exceed one hour excluding time for
recorded votes and quorum calls. No amendment shall be
subject to further amendment, except pro forma amendments for
the purposes of debate only. At the conclusion of the
consideration of the bill for amendment, the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion. A motion to
reconsider the vote on passage of the bill shall not be in
order.
``(3) Appeals of rulings.--Appeals from decision of the
Chair regarding application of the rules of the House of
Representatives to the procedure relating to an implementing
bill shall be decided without debate.
``(4) Consideration of more than one implementing bill.--It
shall not be in order to consider under this subsection more
than one implementing bill under this section, except for
consideration of a similar Senate bill (unless the House has
already rejected an implementing bill) or more than one
motion to discharge described in paragraph (1) with respect
to an implementing bill.
``(c) Consideration in the Senate.--An implementing bill
introduced in the Senate shall be referred to the Committee
on Commerce, Science, and Transportation. The Committee on
Commerce, Science, and Transportation shall report the bill
with its recommendations within 60 days following the date of
introduction of that bill. Upon the reporting of the bill by
the Committee on Commerce, Science, and Transportation, the
reported bill shall be referred sequentially to the Committee
on Finance for a period of 60 legislative days.
``(d) Consideration in Conference.--
``(1) Convening of conference.--In the case of disagreement
between the two Houses of Congress with respect to an
implementing bill passed by both Houses, conferees should be
promptly appointed and a conference promptly convened, if
necessary.
``(2) House consideration.--Notwithstanding any other rule
of the House of Representatives, it shall be in order to
consider the report of a committee of conference relating to
an implementing bill if such report has been available for
one calendar day (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such a day) and
the accompanying statement shall have been filed in the
House.
``(3) Senate consideration.--Consideration in the Senate of
the conference report and any amendments in disagreement on
an implementing bill shall be limited to not more than 4
hours equally divided and controlled by the Majority Leader
and the Minority Leader or their designees. A motion to
recommit the conference report is not in order.
``(e) Definitions.--For purposes of this section--
``(1) Implementing bill.--The term `implementing bill'
means only a bill of either House of Congress which is
introduced as provided in subsection (a) with respect to one
or more Federal Aviation Administration funding proposals
which contain changes in existing laws or new statutory
authority required to implement such funding proposal or
proposals.
``(2) Funding proposal.--The term `funding proposal' means
a proposal to provide interim or permanent funding for
operations of the Federal Aviation Administration.
``(f) Rules of House of Representatives and Senate.--This
section is enacted by the Congress--
``(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
implementing bills described in subsection (d); and they
supersede other rules only to the extent that they are
inconsistent therewith; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and
to the same extent as in the case of any other rule of that
House.''.
(b) Clerical Amendment.--The table of sections for chapter
481 is amended by adding at the end thereof the following:
``48111. Funding proposals.''.
SEC. 676. ADMINISTRATIVE PROVISIONS.
(a) In General.--Chapter 453, as amended by section 654 of
this title, is further amended by--
(1) redesignating section 45303 as section 45304; and
(2) by inserting after section 45302 the following:
``Sec. 45303. Administrative provisions
``(a) In General.--
``(1) Fees payable to administrator.--All fees imposed and
amounts collected under this chapter for services performed,
or materials furnished, by the Federal Aviation
Administration (hereafter in this section referred to as the
`Administration') are payable to the Administrator.
``(2) Refunds.--The Administrator may refund any fee paid
by mistake or any amount paid in excess of that required.
``(3) Receipts credited to account.--Notwithstanding
section 3302 of title 31 all fees and amounts collected by
the Administration, except insurance premiums and other fees
charged for the provision of insurance and deposited in the
Aviation Insurance Revolving Fund and interest earned on
investments of such Fund, and except amounts which on the
date of enactment of the Air Traffic Management System
Performance Improvement Act of 1996 are required to be
credited to the general fund of the Treasury (whether imposed
under this section or not)--
``(A) shall be credited to a separate account established
in the Treasury and made available for Administration
activities;
``(B) shall be available immediately for expenditure but
only for congressionally authorized and intended purposes;
and
``(C) shall remain available until expended.
``(4) Annual budget report by administrator.--The
Administrator shall, on the same day each year as the
President submits the annual budget to the Congress, provide
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
``(A) a list of fee collections by the Administration
during the preceding fiscal year;
``(B) a list of activities by the Administration during the
preceding fiscal year that were supported by fee expenditures
and appropriations;
``(C) budget plans for significant programs, projects, and
activities of the Administration, including out-year funding
estimates;
``(D) any proposed disposition of surplus fees by the
Administration; and
``(E) such other information as those committees consider
necessary.
``(5) Development of cost accounting system.--The
Administration shall develop a cost accounting system that
adequately and accurately reflects the investments, operating
and overhead costs, revenues, and other financial measurement
and reporting aspects of its operations.
``(6) Compensation to carriers for acting as collection
agents.--The Administration shall prescribe regulations to
ensure that any air carrier required, pursuant to the Air
Traffic Management System Performance Improvement Act of 1996
or any amendments made by that Act, to collect a fee imposed
on another party by the Administrator may collect from such
other party an additional uniform amount that the
Administrator determines reflects the necessary and
reasonable expenses (net of interest accruing to the carrier
after collection and before remittance) incurred in
collecting and handling the fee.
``(7) Cost reduction and efficiency report.--Prior to the
submission of any proposal for establishment, implementation,
or expansion of any fees or taxes imposed on the aviation
industry, the Administrator shall prepare a report for
submission to the Congress which includes--
``(A) a justification of the need for the proposed fees or
taxes;
``(B) a statement of steps taken by the Administrator to
reduce costs and improve efficiency within the
Administration;
``(C) an analysis of the impact of any fee or tax increase
on each sector of the aviation transportation industry; and
``(D) a comparative analysis of any decrease in tax amounts
equal to the receipts from which are credited to the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--The chapter analysis for chapter
453 is amended by striking the item relating to section 45303
and inserting the following:
``45303. Administrative provisions.
``45304. Maximum fees for private person services.''.
[[Page S10773]]
SEC. 677. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FUND ACTIVITIES.
(a) In General.--Part C of subtitle VII is amended by
adding at the end the following new chapter:
``CHAPTER 482--ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FACILITIES
``Sec.
``48201. Advance appropriations.
``Sec. 48201. Advance appropriations
``(a) Multiyear Authorizations.--Beginning with fiscal year
1998, any authorization of appropriations for an activity for
which amounts are to be appropriated from the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 shall provide funds for a
period of not less than 3 fiscal years unless the activity
for which appropriations are authorized is to be concluded
before the end of that period.
``(b) Multiyear Appropriations.--Beginning with fiscal year
1998, amounts appropriated from the Airport and Airway Trust
Fund shall be appropriated for periods of 3 fiscal years
rather than annually.''.
(b) Conforming Amendment.--The analysis for subtitle VIII
is amended by adding at the end the following new item:
``482. Advance appropriations for airport and airway trust48201.''.es..
SEC. 678. RURAL AIR SERVICE SURVIVAL ACT.
(a) Short Title.--This section may be cited as the ``Rural
Air Service Survival Act''.
(b) Findings.--The Congress finds that--
(1) air service in rural areas is essential to a national
transportation network;
(2) the rural air service infrastructure supports the safe
operation of all air travel;
(3) rural air service creates economic benefits for all air
carriers by making the national aviation system available to
passengers from rural areas;
(4) rural air service has suffered since deregulation;
(5) the essential air service program under the Department
of Transportation--
(A) provides essential airline access to rural and isolated
rural communities throughout the Nation;
(B) is necessary for the economic growth and development of
rural communities;
(C) is a critical component of the national transportation
system of the United States; and
(D) has endured serious funding cuts in recent years; and
(6) a reliable source of funding must be established to
maintain air service in rural areas and the essential air
service program.
(c) Essential Air Service Authorization.--Section 41742 is
amended to read as follows:
``Sec. 41742. Essential air service authorization
``(a) In General.--Out of the amounts received by the
Administration credited to the account established under
section 45303(a)(3) or otherwise provided to the
Administration, the sum of $50,000,000 is authorized and
shall be made available immediately for obligation and
expenditure to carry out the essential air service program
under this subchapter for each fiscal year.
``(b) Funding for Small Community Air Service.--
Notwithstanding any other provision of law, moneys credited
to the account established under section 45303(a), including
the funds derived from fees imposed under the authority
contained in section 45301(a), shall be used to carry out the
essential air service program under this subchapter.
Notwithstanding section 47114(g) of this title, any amounts
from those fees that are not obligated or expended at the end
of the fiscal year for the purpose of funding the essential
air service program under this subchapter shall be made
available to the Administration for use in improving rural
air safety under subchapter I of chapter 471 of this title
and shall be used exclusively for projects at rural airports
under this subchapter.''.
(d) Conforming Amendment.--The chapter analysis for chapter
417 is amended by striking the item relating to section 41742
and inserting the following:
``41742. Essential air service authorization.''.
(e) Secretary May Require Matching Local Funds.--Section
41737 is amended by adding at the end thereof the following:
``(e) Matching Funds.--No earlier than 2 years after the
effective date of section 679 of the Air Traffic Management
System Performance Improvement Act of 1996, the Secretary may
require an eligible agency, as defined in section 40117(a)(2)
of this title, to provide matching funds of up to 10 percent
for any payments it receives under this subchapter.''.
(f) Transfer of Essential Air Service Program to FAA.--The
responsibility for administration of subchapter II of chapter
417 is transferred from the Secretary of Transportation to
the Administrator.
TITLE VII--PILOT RECORDS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Pilot Records Improvement
Act of 1996''.
SEC. 702. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.
(a) In General.--Section 44936 is amended by adding at the
end the following new subsection:
``(f) Records of Employment of Pilot Applicants.--
``(1) In general.--Before hiring an individual as a pilot,
an air carrier shall request and receive the following
information:
``(A) FAA records.--From the Administrator of the Federal
Aviation Administration (hereafter in this subsection
referred to as the `Administrator'), records pertaining to
the individual that are maintained by the Administrator
concerning--
``(i) current airman certificates (including airman medical
certificates) and associated type ratings, including any
limitations to those certificates and ratings; and
``(ii) summaries of legal enforcement actions resulting in
a finding by the Administrator of a violation of this title
or a regulation prescribed or order issued under this title
that was not subsequently overturned.
``(B) Air carrier and other records.--From any air carrier
or other person that has employed the individual at any time
during the 5-year period preceding the date of the employment
application of the individual, or from the trustee in
bankruptcy for such air carrier or person--
``(i) records pertaining to the individual that are
maintained by an air carrier under regulations set forth in--
``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
``(III) paragraph (A) of section IV, appendix J, part 121
of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and
``(ii) other records pertaining to the individual that are
maintained by the air carrier or person concerning--
``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
``(III) any release from employment or resignation,
termination, or disqualification with respect to employment.
``(C) National driver register records.--In accordance with
section 30305(b)(7), from the chief driver licensing official
of a State, information concerning the motor vehicle driving
record of the individual.
``(2) Written consent; release from liability.--An air
carrier making a request for records under paragraph (1)--
``(A) shall be required to obtain written consent to the
release of those records from the individual that is the
subject of the records requested; and
``(B) may, notwithstanding any other provision of law or
agreement to the contrary, require the individual who is the
subject of the records to request to execute a release from
liability for any claim arising from the furnishing of such
records to or the use of such records by such air carrier
(other than a claim arising from furnishing information known
to be false and maintained in violation of a criminal
statute).
``(3) 5-year reporting period.--A person shall not furnish
a record in response to a request made under paragraph (1) if
the record was entered more than 5 years before the date of
the request, unless the information concerns a revocation or
suspension of an airman certificate or motor vehicle license
that is in effect on the date of the request.
``(4) Requirement to maintain records.--The Administrator
shall maintain pilot records described in paragraph (1)(A)
for a period of at least 5 years.
``(5) Receipt of consent; provision of information.--A
person shall not furnish a record in response to a request
made under paragraph (1) without first obtaining a copy of
the written consent of the individual who is the subject of
the records requested. A person who receives a request for
records under this paragraph shall furnish a copy of all of
such requested records maintained by the person not later
than 30 days after receiving the request.
``(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records under
paragraph (1) shall provide to the individual who is the
subject of the records--
``(A) written notice of the request and of the right of
that individual to receive a copy of such records; and
``(B) a copy of such records, if requested by the
individual.
``(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request under
paragraph (1) or (6) may establish a reasonable charge for
the cost of processing the request and furnishing copies of
the requested records.
``(8) Standard forms.--The Administrator shall promulgate--
``(A) standard forms that may be used by an air carrier to
request records under paragraph (1); and
``(B) standard forms that may be used by an air carrier
to--
``(i) obtain the written consent of the individual who is
the subject of a request under paragraph (1); and
``(ii) inform the individual of--
``(I) the request; and
``(II) the individual right of that individual to receive a
copy of any records furnished in response to the request.
``(9) Right to correct inaccuracies.--An air carrier that
maintains or requests and receives the records of an
individual under paragraph (1) shall provide the individual
with a reasonable opportunity to submit written comments to
correct any inaccuracies contained in the records before
making a final hiring decision with respect to the
individual.
``(10) Right of pilot to review certain records.--
Notwithstanding any other provision of law or agreement, an
air carrier shall, upon written request from a pilot employed
by such carrier, make available, within a reasonable time of
the request, to the pilot for review, any and all employment
records referred to in paragraph (1)(B) (i) or (ii)
pertaining to the employment of the pilot.
[[Page S10774]]
``(11) Privacy protections.--An air carrier that receives
the records of an individual under paragraph (1) may use such
records only to assess the qualifications of the individual
in deciding whether or not to hire the individual as a pilot.
The air carrier shall take such actions as may be necessary
to protect the privacy of the pilot and the confidentiality
of the records, including ensuring that information contained
in the records is not divulged to any individual that is not
directly involved in the hiring decision.
``(12) Periodic review.--Not later than 18 months after the
date of enactment of the Pilot Records Improvement Act of
1996, and at least once every 3 years thereafter, the
Administrator shall transmit to the Congress a statement that
contains, taking into account recent developments in the
aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
furnished under subparagraphs (A) and (B) of paragraph (1);
or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(13) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect--
``(i) the personal privacy of any individual whose records
are requested under paragraph (1); and
``(ii) the confidentiality of those records;
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who requested
those records; and
``(C) to ensure prompt compliance with any request made
under paragraph (1).
``(g) Limitation on Liability; Preemption of State Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who has applied
for or is seeking a position with an air carrier as a pilot
and who has signed a release from liability, as provided for
under paragraph (2), against--
``(A) the air carrier requesting the records of that
individual under subsection (a)(1);
``(B) a person who has complied with such request; or
``(C) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of
privacy, negligence, interference with contract, or
otherwise, or under any Federal or State law with respect to
the furnishing or use of such records in accordance with
subsection (a).
``(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in effect, or
enforce any law (including any regulation, standard, or other
provision having the force and effect of law) that prohibits,
penalizes, or imposes liability for furnishing or using
records in accordance with subsection (a).
``(3) Provision of knowingly false information.--Paragraphs
(1) and (2) shall not apply with respect to a person who
furnishes information in response to a request made under
subsection (f)(1), that--
``(A) the person knows is false; and
``(B) was maintained in violation of a criminal statute of
the United States.''.
(b) Conforming Amendment.--Section 30305(b) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the
individual under paragraph (2) to the prospective employer of
the individual or to the Secretary of Transportation.
Information may not be obtained from the National Driver
Register under this subsection if the information was entered
in the Register more than 5 years before the request unless
the information is about a revocation or suspension still in
effect on the date of the request.''.
(c) Applicability.--The amendments made by this section
shall apply to any air carrier hiring an individual as a
pilot whose application was first received by the carrier on
or after the 120th day after the date of enactment of this
Act.
SEC. 703. STUDY OF MINIMUM STANDARDS FOR PILOT
QUALIFICATIONS.
The Administrator shall appoint a task force consisting of
appropriate representatives of the aviation industry to
conduct a study directed toward the development of--
(1) standards and criteria for preemployment screening
tests measuring the psychomotor coordination, general
intellectual capacity, instrument and mechanical
comprehension, and physical and mental fitness of an
applicant for employment as a pilot by an air carrier; and
(2) standards and criteria for pilot training facilities to
be licensed by the Administrator and which will assure that
pilots trained at such facilities meet the preemployment
screening standards and criteria described in paragraph (1).
TITLE VIII--ABOLITION OF BOARD OF REVIEW
SEC. 801. ABOLITION OF BOARD OF REVIEW AND RELATED AUTHORITY.
(a) Abolition of Board of Review.--Section 6007 of the
Metropolitan Washington Airports Act of 1986 (formerly 49
U.S.C. App. 2456) is amended--
(1) by striking subsections (f) and (h);
(2) by redesignating subsection (g) as subsection (f); and
(3) by redesignating subsection (i) as subsection (g).
(b) Conforming Amendments.--
(1) Relationship to and effect of other laws.--Section
6009(b) of the Metropolitan Washington Airports Act of 1986
(formerly 49 U.S.C. App. 2458(b)) is amended by striking ``or
by reason of the authority'' and all that follows through the
end of the subsection and inserting a period.
(2) Separability.--Section 6011 of the Metropolitan
Washington Airports Act of 1986 (formerly 49 U.S.C. App.
2460) is amended by striking ``Except as provided in section
6007(h), if'' and inserting ``If''.
(c) Protection of Certain Actions.--Any action taken by the
Airports Authority and submitted to the Board of Review
pursuant to section 6007(f)(4) of the Metropolitan Washington
Airports Act of 1986 before April 1, 1995, shall remain in
effect and shall not be set aside solely by reason of a
judicial order invalidating certain functions of the Board.
SEC. 802. SENSE OF THE SENATE.
It is the sense of the Senate that the Airports Authority--
(1) should not provide any reserved parking areas free of
charge to Members of Congress, other Government officials, or
diplomats at Washington National Airport or Washington Dulles
International Airport; and
(2) should establish a parking policy for such airports
that provides equal access to the public, and does not
provide preferential parking privileges to Members of
Congress, other Government officials, or diplomats.
SEC. 803. CONFORMING AMENDMENTS IN OTHER LAW.
Any reference in any Federal law, Executive order, rule,
regulation, or delegation of authority to the Board of Review
or the provisions of law repealed under this title is hereby
repealed.
SEC. 804. DEFINITIONS.
For purposes of this title--
(1) the terms ``Airports Authority'', ``Washington National
Airport'', and ``Washington Dulles International Airport''
have the same meanings as in section 6004 of the Metropolitan
Washington Airports Act of 1986; and
(2) the term ``Board of Review'' means the Board of Review
of the Airports Authority.
SEC. 805. INCREASE IN NUMBER OF PRESIDENTIALLY APPOINTED
MEMBERS OF BOARD.
(a) In General.--Section 6007(e) of the Metropolitan
Washington Airports Act of 1986 (formerly 49 U.S.C. 2456(e))
is amended--
(1) by striking ``11 members,'' in paragraph (1) and
inserting ``13 members,'';
(2) by striking ``one member'' in paragraph (1)(D) and
inserting ``3 members''; and
(3) by striking ``Seven'' in paragraph (5) and inserting
``Eight''.
(b) Staggering Terms for Presidential Appointees.--Of the
members first appointed by the President after the date of
enactment of this Act--
(1) one shall be appointed for a term that expires
simultaneously with the term of the member of the
Metropolitan Washington Airports Authority board of directors
serving on that date (or, if there is a vacancy in that
office, the member appointed to fill the existing vacancy and
the member to whom this paragraph applies shall be appointed
for 2 years);
(2) one shall be appointed for a term ending 2 years after
the term of the member (or members) to whom paragraph (1)
applies expires; and
(3) one shall be appointed for a term ending 4 years after
the term of the member (or members) to whom paragraph (1)
applies expires.
SEC. 806. RECONSTITUTED BOARD TO FUNCTION WITHOUT
INTERRUPTION.
Notwithstanding any provision of State law, including those
provisions establishing, providing for the establishment of,
or recognizing the Metropolitan Washington Airports
Authority, and based upon the Federal interest in the
continued functions of the Metropolitan Washington Airports
(as defined in section 6004(4) of the Metropolitan Washington
Airports Authority Act of 1986 (formerly 49 U.S.C. 2451(4)),
the board of directors of such Authority, including any
members appointed under the amendments made by section 805,
shall continue to meet and act after the date of enactment of
this Act until such time as necessary conforming changes in
State law are made in the same manner as if those conforming
changes had been enacted on the date of enactment of this
Act.
SEC. 807. OPERATIONAL SLOTS AT NATIONAL AIRPORT.
Nothing in this title shall affect the number or
distribution of operational slots at National Airport.
SEC. 808. AIRPORTS AUTHORITY SUPPORT OF BOARD.
Section 6005 of the Metropolitan Washington Airports
Authority Act of 1986 (formerly 49 U.S.C. 2454) is amended by
adding at the end thereof the following:
``(f) Federal Agency Oversight.--The Airports Authority
shall not be required--
``(1) to pay any person;
``(2) to provide office space or administrative support; or
``(3) to reimburse the Secretary of Transportation for
expenses incurred,
for carrying out any Federal agency oversight
responsibilities under this Act. Nothing in this subsection
precludes the Airport Authority from providing services or
expenses to any member of the Board of Directors.''.
TITLE IX--AIRPORT REVENUE PROTECTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Airport Revenue Protection
Act of 1996''.
SEC. 902. FINDINGS; PURPOSE.
(a) In General.--The Congress finds that--
(1) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue
[[Page S10775]]
generated by a public airport as a condition of receiving a
project grant;
(2) a grant recipient that uses airport revenue for
purposes that are not airport related in a manner
inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
(3) any diversion of airport revenues in violation of the
condition referred to in paragraph (1) undermines the
interest of the United States in promoting a strong national
air transportation system that is responsive to the needs of
airport users;
(4) the Secretary and the Administrator have not enforced
airport revenue diversion rules adequately and must have
additional regulatory tools to increase enforcement efforts;
and
(5) sponsors who have been found to have illegally diverted
airport revenues--
(A) have not reimbursed or made restitution to airports in
a timely manner; and
(B) must be encouraged to do so.
(b) Purpose.--The purpose of this title is to ensure that
airport users are not burdened with hidden taxation for
unrelated municipal services and activities by--
(1) eliminating the ability of any State or political
subdivision thereof that is a recipient of a project grant to
divert airport revenues for purposes that are not related to
an airport, in violation of section 47107 of title 49, United
States Code;
(2) imposing financial reporting requirements that are
designed to identify instances of illegal diversions referred
to in paragraph (1);
(3) establishing a statute of limitations for airport
revenue diversion actions;
(4) clarifying limitations on revenue diversion that are
permitted under chapter 471 of title 49, United States Code;
and
(5) establishing clear penalties and enforcement mechanisms
for identifying and prosecuting airport revenue diversion.
SEC. 903. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Airport.--The term ``airport'' has the meaning provided
that term in section 47102(2) of title 49, United States
Code.
(3) Project grant.--The term ``project grant'' has the
meaning provided that term in section 47102(14) of title 49,
United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Sponsor.--The term ``sponsor'' has the meaning provided
that term in section 47102(19) of title 49, United States
Code.
SEC. 904. RESTRICTION ON USE OF AIRPORT REVENUES.
(a) In General.--Subchapter I of chapter 471, as amended by
section 201(a) of this Act, is further amended by adding at
the end of subchapter I the following new section:
``Sec. 47133. Restriction on use of revenues
``(a) Prohibition.--Local taxes on aviation fuel (except
taxes in effect on December 30, 1987) or the revenues
generated by an airport that is the subject of Federal
assistance may not be expended for any purpose other than the
capital or operating costs of--
``(1) the airport;
``(2) the local airport system; or
``(3) any other local facility that is owned or operated by
the person or entity that owns or operates the airport that
is directly and substantially related to the air
transportation of passengers or property.
``(b) Exceptions.--Subsection (a) shall not apply if a
provision enacted not later than September 2, 1982, in a law
controlling financing by the airport owner or operator, or a
covenant or assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides
that the revenues, including local taxes on aviation fuel at
public airports, from any of the facilities of the owner or
operator, including the airport, be used to support not only
the airport but also the general debt obligations or other
facilities of the owner or operator.
``(c) Rule of Construction.--Nothing in this section may be
construed to prevent the use of a State tax on aviation fuel
to support a State aviation program or the use of airport
revenue on or off the airport for a noise mitigation
purpose.''.
(b) Conforming Amendment.--The chapter analysis for
subchapter I of chapter 471 is amended by adding at the end
the following new item:
``47133. Restriction on use of revenues.''.
SEC. 905. REGULATIONS; AUDITS AND ACCOUNTABILITY.
(a) In General.--Section 47107 is amended by adding at the
end the following new subsections:
``(m) Audit Certification.--
``(1) In general.--The Secretary of Transportation
(hereafter in this section referred to as the `Secretary'),
acting through the Administrator of the Federal Aviation
Administration (hereafter in this section referred to as the
`Administrator'), shall promulgate regulations that require a
recipient of a project grant (or any other recipient of
Federal financial assistance that is provided for an airport)
to include as part of an annual audit conducted under
sections 7501 through 7505 of title 31, a review and opinion
of the review concerning the funding activities with respect
to an airport that is the subject of the project grant (or
other Federal financial assistance) and the sponsors, owners,
or operators (or other recipients) involved.
``(2) Content of review.--A review conducted under
paragraph (1) shall provide reasonable assurances that funds
paid or transferred to sponsors are paid or transferred in a
manner consistent with the applicable requirements of this
chapter and any other applicable provision of law (including
regulations promulgated by the Secretary or the
Administrator).
``(3) Requirements for audit report.--The report submitted
to the Secretary under this subsection shall include a
specific determination and opinion regarding the
appropriateness of the disposition of airport funds paid or
transferred to a sponsor.
``(n) Recovery of Illegally Diverted Funds.--
``(1) In general.--Not later than 180 days after the
issuance of an audit or any other report that identifies an
illegal diversion of airport revenues (as determined under
subsections (b) and (l) and section 47133), the Secretary,
acting through the Administrator, shall--
``(A) review the audit or report;
``(B) perform appropriate factfinding; and
``(C) conduct a hearing and render a final determination
concerning whether the illegal diversion of airport revenues
asserted in the audit or report occurred.
``(2) Notification.--Upon making such a finding, the
Secretary, acting through the Administrator, shall provide
written notification to the sponsor and the airport of--
``(A) the finding; and
``(B) the obligations of the sponsor to reimburse the
airport involved under this paragraph.
``(3) Administrative action.--The Secretary may withhold
any amount from funds that would otherwise be made available
to the sponsor, including funds that would otherwise be made
available to a State, municipality, or political subdivision
thereof (including any multimodal transportation agency or
transit authority of which the sponsor is a member entity) as
part of an apportionment or grant made available pursuant to
this title, if the sponsor--
``(A) receives notification that the sponsor is required to
reimburse an airport; and
``(B) has had an opportunity to reimburse the airport, but
has failed to do so.
``(4) Civil action.--If a sponsor fails to pay an amount
specified under paragraph (3) during the 180-day period
beginning on the date of notification and the Secretary is
unable to withhold a sufficient amount under paragraph (3),
the Secretary, acting through the Administrator, may initiate
a civil action under which the sponsor shall be liable for
civil penalty in an amount equal to the illegal diversion in
question plus interest (as determined under subsection (o)).
``(5) Disposition of penalties.--
``(A) Amounts withheld.--The Secretary or the Administrator
shall transfer any amounts withheld under paragraph (3) to
the Airport and Airway Trust Fund.
``(B) Civil penalties.--With respect to any amount
collected by a court in a civil action under paragraph (4),
the court shall cause to be transferred to the Airport and
Airway Trust Fund any amount collected as a civil penalty
under paragraph (4).
``(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any amount
is collected from a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust Fund to an
airport affected by a diversion that is the subject of a
civil action under paragraph (4), reimbursement in an amount
equal to the amount that has been collected from the sponsor
under paragraph (4) (including any amount of interest
calculated under subsection (o)).
``(7) Statute of limitations.--No person may bring an
action for the recovery of funds illegally diverted in
violation of this section (as determined under subsections
(b) and (l)) or section 47133 after the date that is 6 years
after the date on which the diversion occurred.
``(o) Interest.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary, acting through the Administrator, shall charge a
minimum annual rate of interest on the amount of any illegal
diversion of revenues referred to in subsection (n) in an
amount equal to the average investment interest rate for tax
and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury) for the
applicable calendar year, rounded to the nearest whole
percentage point.
``(2) Adjustment of interest rates.--If, with respect to a
calendar quarter, the average investment interest rate for
tax and loan accounts of the Department of the Treasury
exceeds the average investment interest rate for the
immediately preceding calendar quarter, rounded to the
nearest whole percentage point, the Secretary of the Treasury
may adjust the interest rate charged under this subsection in
a manner that reflects that change.
``(3) Accrual.--Interest assessed under subsection (n)
shall accrue from the date of the actual illegal diversion of
revenues referred to in subsection (n).
``(4) Determination of applicable rate.--The applicable
rate of interest charged under paragraph (1) shall--
``(A) be the rate in effect on the date on which interest
begins to accrue under paragraph (3); and
``(B) remain at a rate fixed under subparagraph (A) during
the duration of the indebtedness.
``(p) Payment by Airport to Sponsor.--If, in the course of
an audit or other review conducted under this section, the
Secretary or the Administrator determines that an airport
owes a sponsor funds as a result of activities conducted by
the sponsor or expenditures by the sponsor for the benefit of
the airport, interest on that amount shall be determined in
the same manner as provided in paragraphs (1) through (4) of
subsection (o), except that the amount of any interest
assessed under this subsection shall be determined from the
date on which the Secretary or the Administrator makes that
determination.''.
[[Page S10776]]
(b) Revision of Policies and Procedures; Deadlines.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the
Administrator, shall revise the policies and procedures
established under section 47107(l) of title 49, United States
Code, to take into account the amendments made to that
section by this title.
(2) Statute of limitations.--Section 47107(l) is amended by
adding at the end the following new paragraph:
``(5) Statute of limitations.--In addition to the statute
of limitations specified in subsection (n)(7), with respect
to project grants made under this chapter--
``(A) any request by a sponsor to any airport for
additional payments for services conducted off of the airport
or for reimbursement for capital contributions or operating
expenses shall be filed not later than 6 years after the date
on which the expense is incurred; and
``(B) any amount of airport funds that are used to make a
payment or reimbursement as described in subparagraph (A)
after the date specified in that subparagraph shall be
considered to be an illegal diversion of airport revenues
that is subject to subsection (n).''.
SEC. 906. CONFORMING AMENDMENTS TO THE INTERNAL REVENUE CODE
OF 1986.
Section 9502 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``and'' at the end of subsection (b)(3);
(2) by striking the period at the end of subsection (b)(4)
and inserting ``, and''; and
(3) by adding at the end of subsection (b) the following:
``(5) amounts determined by the Secretary of the Treasury
to be equivalent to the amounts of civil penalties collected
under section 47107(n) of title 49, United States Code.'';
and
(4) in subsection (d), by adding at the end of subsection
(d) the following:
``(4) Transfers from the airport and airway trust fund on
account of certain airports.--The Secretary of the Treasury
may transfer from the Airport and Airway Trust Fund to the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration an amount to make a payment
to an airport affected by a diversion that is the subject of
an administrative action under paragraph (3) or a civil
action under paragraph (4) of section 47107(n) of title 49,
United States Code.''.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1001. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1) of the Internal Revenue Code of 1986
(relating to expenditures from Airport and Airway Trust Fund)
is amended by--
(1) striking ``1996'' and inserting ``1997''; and
(2) inserting ``or the Federal Aviation Reauthorization Act
of 1996'' after ``Administration Authorization Act of 1994''.
Mr. LOTT. I move to reconsider the vote.
Mrs. FEINSTEIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LOTT. Was that motion to reconsider laid on the table?
The PRESIDING OFFICER. It was.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The distinguished Senate majority leader.
Mr. LOTT. Thank you, Madam President. I ask unanimous consent that
the Senate insist on its amendments to H.R. 3539, that the Senate
request a conference with the House on the disagreeing votes, and the
Chair be authorized to appoint conferees.
The PRESIDING OFFICER. Without objection, it is so ordered.
