`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2440 Enrolled Bill (ENR)]

        H.R.2440

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Safety Board Act 
Amendments of 1994''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) of title 49, United States Code, is amended to read 
as follows:
    ``(a) In General.--There is authorized to be appropriated for the 
purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000 
for fiscal year 1995, and $45,100,000 for fiscal year 1996. Such sums 
shall remain available until expended.''.
SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE 
OPERATION OF PUBLIC AIRCRAFT.
    (a) Definition of Public Aircraft.--Section 40102(a)(37) of title 
49, United States Code, is amended by striking subparagraph (B) and 
inserting the following:
            ``(B) does not include a government-owned aircraft--
                ``(i) transporting property for commercial purposes; or
                ``(ii) transporting passengers other than--

                    ``(I) transporting (for other than commercial 
                purposes) crewmembers or other persons aboard the 
                aircraft whose presence is required to perform, or is 
                associated with the performance of, a governmental 
                function such as firefighting, search and rescue, law 
                enforcement, aeronautical research, or biological or 
                geological resource management; or
                    ``(II) transporting (for other than commercial 
                purposes) persons aboard the aircraft if the aircraft 
                is operated by the Armed Forces or an intelligence 
                agency of the United States.

        An aircraft described in the preceding sentence shall, 
        notwithstanding any limitation relating to use of the aircraft 
        for commercial purposes, be considered to be a public aircraft 
        for the purposes of this part without regard to whether the 
        aircraft is operated by a unit of government on behalf of 
        another unit of government, pursuant to a cost reimbursement 
        agreement between such units of government, if the unit of 
        government on whose behalf the operation is conducted certifies 
        to the Administrator of the Federal Aviation Administration 
        that the operation was necessary to respond to a significant 
        and imminent threat to life or property (including natural 
        resources) and that no service by a private operator was 
        reasonably available to meet the threat.''.
    (b) Authority To Grant Exemptions.--
        (1) In general.--The Administrator of the Federal Aviation 
    Administration may grant an exemption to any unit of Federal, 
    State, or local government from any requirement of part A of 
    subtitle VII of title 49, United States Code, that would otherwise 
    be applicable to current or future aircraft of such unit of 
    government as a result of the amendment made by subsection (a) of 
    this section.
        (2) Requirements.--The Administrator may grant an exemption 
    under paragraph (1) only if--
            (A) the Administrator finds that granting the exemption is 
        necessary to prevent an undue economic burden on the unit of 
        government; and
            (B) the Administrator certifies that the aviation safety 
        program of the unit of government is effective and appropriate 
        to ensure safe operations of the type of aircraft operated by 
        the unit of government.
    (c) Investigative Authority of Board.--
        (1) Accidents involving public aircraft.--Section 1131(a)(1)(A) 
    of title 49, United States Code, is amended by inserting before the 
    semicolon at the end the following: ``or an aircraft accident 
    involving a public aircraft as defined by section 40102(a)(37) of 
    this title other than an aircraft operated by the Armed Forces or 
    by an intelligence agency of the United States''.
        (2) Duties and powers.--Section 1131 of title 49, United States 
    Code, is amended--
            (A) by redesignating subsection (d) as subsection (e); and
            (B) by inserting after subsection (c) the following:
    ``(d) Accidents Involving Public Aircraft.--The Board, in 
furtherance of its investigative duties with respect to public aircraft 
accidents under subsection (a)(1)(A) of this section, shall have the 
same duties and powers as are specified for civil aircraft accidents 
under sections 1132(a), 1132(b), and 1134(b)(2) of this title.''.
    (d) Effective Date.--The amendments made by subsections (a) and (c) 
shall take effect on the 180th day following the date of the enactment 
of this Act.
SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON CERTAIN PROPERTY 
LOCATED IN RAPIDES PARISH, LOUISIANA.
    (a) Release.--Notwithstanding any other provision of law, and 
except as provided in subsections (b) and (d), the United States 
releases without consideration all reservations, restrictions, 
conditions, and limitations on the use, encumbrance, or conveyance of 
certain real property (together with any improvements thereon and 
easements appurtenant thereto) consisting of approximately 1,991.53 
acres of land and located in Rapides Parish, Louisiana, the location of 
Esler Field, as identified in the deed of conveyance from the United 
States to the Parish of Rapides, Louisiana, dated January 23, 1958, to 
the extent such reservations, restrictions, conditions, and limitations 
are enforceable by the United States.
    (b) Exceptions.--The United States reserves the right of reentry 
upon or use of the property described in subsection (a) for national 
defense purposes in time of war or other national emergency without 
charge. The release provided by subsection (a) does not apply to any 
conditions or assurances associated with (1) the continued nonexclusive 
use without charge of the airport and use of space at the airport, 
without charge, by the Louisiana National Guard, (2) the nonexclusive 
use of the airport by transient military aircraft without charge, or 
(3) the nonexclusive use of the airport by transient military aircraft 
without charge during periods of maneuvers.
    (c) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to affect the disposition or ownership of oil, gas, 
or other mineral resources either in or under the surface of the real 
property described in subsection (a).
    (d) Federal Aviation Administration.--
        (1) Nonapplicability of release to grant agreements.--The 
    release described in subsection (a) does not apply to any 
    conditions and assurances associated with existing airport grant 
    agreements between the Rapides Parish Airport Authority/Esler Field 
    and the Federal Aviation Administration.
        (2) Agreement.--Notwithstanding any other provisions of law, 
    the Administrator of the Federal Aviation Administration shall 
    enter into an agreement with the Airport Authority of Rapides 
    Parish, Louisiana, to provide for the terms and conditions under 
    which the real property described in subsection (a) may be used, 
    leased, sold, or otherwise disposed. The agreement shall be 
    concluded not later than 180 days after the date of the enactment 
    of this Act.
    (e) Effective Date.--This section shall take effect on the 180th 
day following the date of the enactment of this Act.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`