103D CONGRESS

2D SESSION H. R. 2440

AMENDMENT
In the Senate of the United States,

May 12 (legislative day, May 2), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2440) entitled ‘‘An Act to amend the Independent

Safety Board Act of 1974 to authorize appropriations for fiscal years 1994, 1995, and 1996, and for other purposes’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Independent Safety

3 Board Act Amendments of 1994’’.

4 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

5 Sec. 309(a) of the Independent Safety Board Act of

6 1974 (49 App. U.S.C. 1907(a)) is amended to read as fol7 lows:

8 ‘‘(a) There are authorized to be appropriated for the

9 purposes of this Act not to exceed $37,580,000 for the fiscal

10 year ending September 30, 1994, $44,000,000 for the fiscal

11 year ending September 30, 1995, and $45,100,000 for the

12 fiscal year ending September 30, 1996. Such sums shall re13 main available until expended.’’.
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1 SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND RE2 QUIREMENTS TO THE OPERATION OF PUBLIC

3 AIRCRAFT.

4 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section

5 101(36) of the Federal Aviation Act of 1958 (49 App.

6 U.S.C. 1301(36)) is amended—

7 (1) by striking ‘‘persons or’’ and inserting in

8 lieu thereof ‘‘persons, or engaged in carrying’’;

9 (2) by inserting ‘‘(A)’’ immediately after ‘‘For

10 purposes of this paragraph,’’; and

11 (3) by striking the period at the end of the sec12 ond sentence and inserting in lieu thereof ‘‘, and (B)

13 ‘engaged in carrying persons’ includes the provision

14 of passenger transportation but does not include (i)

15 the carriage of crewmembers or of other persons

16 abroad an aircraft whose presence is required to per17 form, or is associated with the performance of, a gov18 ernmental function such as firefighting, search and

19 rescue, law enforcement, aeronautical research, or bio20 logical or geological resource management, or (ii) the

21 carriage of persons (for other than commercial pur22 poses) aboard aircraft operated by the Armed Forces

23 or an intelligence agency of the United States.’’.

24 (b) EXEMPTIONS.—Notwithstanding the provisions of

25 section 610(a) of the Federal Aviation Act of 1958 (49 App.

26 U.S.C. 1430(a)), the Administrator of the Federal Aviation
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1 Administration may grant exemptions pursuant to section

2 601(c) of the Federal Aviation Act of 1958 (49 App. U.S.C.

3 1421(c)) to a governmental entity with respect to an air4 craft which, before the date of enactment of this Act and

5 while owned or operated by such governmental entity, was

6 engaged in carrying persons. For purposes of this sub7 section, the term ‘‘engaged in carrying persons’’ has the

8 meaning given that term under section 101(36) of the Fed9 eral Aviation Act of 1958 (49 App. U.S.C. 1301(36)), as

10 amended by this Act.

11 (c) INVESTIGATIVE AUTHORITY OF BOARD.—(1) Sec12 tion 304(a)(1)(A) of the Independent Safety Board Act of

13 1974 (49 App. U.S.C. 1903(a)(1)(A)) is amended by insert14 ing ‘‘, or any aircraft accident involving a public aircraft

15 as defined under section 101(36) of the Federal Aviation

16 Act of 1958 (49 App. U.S.C. 1301(36)) other than an air17 craft operated by the Armed Forces or by an Intelligence

18 Agency’’ immediately before the semicolon at the end.

19 (2) Section 304(b) of the Independent Safety Board

20 Act of 1974 (49 App. U.S.C. 1903(b)) is amended by redes21 ignating paragraph (12) as paragraph (13) and by insert22 ing immediately after paragraph (11) the following new

23 paragraph:

24 ‘‘(12) The Board, in furtherance of its investiga25 tive duties with respect to public aircraft accidents
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1 under subsection (a)(1)(A), shall have the same duties

2 and powers as are specified for civil aircraft accidents

3 under sections 701(a)(1), 701(c), and 701(d) of the

4 Federal Aviation Act of 1958 (49 App. U.S.C.

5 1411(a)(1), (c), and (d)).’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 subsections (a) and (c) shall take effect on the date that is

8 180 days after the date of enactment of this Act.

9 SEC. 4. ADVANCED LANDING SYSTEM.

10 Notwithstanding any other provision of law or regula11 tion, the Administrator of the Federal Aviation Adminis12 tration shall consider for approval under subpart C of part

13 171 of title 14, Code of Federal Regulations, the new genera14 tion, low cost, advanced landing system being developed by

15 the Department of Defense. The charter for approval of such

16 system shall be considered and acted upon expeditiously by

17 the Regional Administrator of the Federal Aviation Admin18 istration in the region where such system is being developed.

Attest:

Secretary.