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(IV) shall include a draft bill con-
taining the changes in law necessary to
implement its recommendations.
(B) RECOMMENDATIONS.—The task force
shall make such recommendations under sub-
paragraph (A)(III) as the task force deems ap-
propriate. Those recommendations may in-
clude—
(i) alternative financing and funding
proposals, including linked financing pro-
posals;
(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, cri-
teria 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 col-
lected from the aviation community are able
to meet the needs of the agency;
(v) methods to ensure that funds col-
lected from the aviation community and
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passengers are used to support the aviation
system;
(vi) means of meeting the airport in-
frastructure 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 recommenda-
tions concerning—
(i) means of improving productivity by
expanding and accelerating the use of auto-
mation 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 pro-
grams; and
(v) a limited innovative program based
on funding mechanisms such as loan guar-
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antees, financial partnerships with for-prof-
it private sector entities, government-spon-
sored 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
REC-
OMMENDATIONS.—For each recommendation con-
tained in the task force’s report, the report shall
include a full analysis and assessment of the im-
pact implementation of the recommendation
would have on—
(i) safety;
(ii) administrative costs;
(iii) the congressional budget process;
(iv) the economics of the industry (in-
cluding the proportionate share of all users);
(v) the ability of the Administration to
utilize the sums collected; and
(vi) the funding needs of the Adminis-
tration.
(E) 
TRUST
FUND
TAX
RECOMMENDA-
TIONS.—If the task force’s report includes a rec-
ommendation that the existing Airport and Air-
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ways Trust Fund tax structure be modified, the
report shall—
(i) state the specific rates for each
group affected by the proposed modifica-
tions;
(ii) consider the impact such modifica-
tions shall have on specific users and the
public (including passengers); and
(iii) state the basis for the rec-
ommendations.
(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 (includ-
ing low-fare, high frequency service), serv-
ice, 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;
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(iii) continuing the promotion of fair
and competitive practices;
(iv) the unique circumstances associ-
ated 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 cal-
culating fees so as to achieve a fair and rea-
sonable distribution of costs of service
among users;
(viii) the usefulness of phased-in ap-
proaches 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 en-
courage greater efficiency in the provision
of air traffic services by the Administration
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and greater efficiency in the use of air traf-
fic services by aircraft operators.
(G) ACCESS TO DOCUMENTS AND STAFF.—
The Administration may give the task force ap-
propriate access to relevant documents and per-
sonnel of the Administration, and the Adminis-
trator shall make available, consistent with the
authority to withhold commercial and other pro-
prietary information under section 552 of title 5,
United States Code (commonly known as the
‘Freedom of Information Act’) cost data associ-
ated with the acquisition and operation of air
traffic service systems. Any member of the task
force who receives commercial or other propri-
etary data from the Administrator shall be sub-
ject 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 ex-
penses, and per diem in lieu of subsistence ex-
penses when away from his or her usual place of
residence, in accordance with section 5703 of
title 5, United States Code.
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(I) DETAIL OF PERSONNEL FROM THE AD-
MINISTRATION.—The Administrator shall make
available to the task force such staff, informa-
tion, 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 PRELIMI-
NARY 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 re-
port to the task force.
(2) SECRETARY’S REPORT TO CONGRESS.—With-
in 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 consult-
ing the Secretary of the Treasury, shall submit a re-
port, based upon the final report of the task force,
containing the Secretary’s recommendations for fund-
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ing 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 In-
frastructure 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 rec-
ommendations.
(4) PUBLICATION.—The Secretary shall cause a
copy of the reports to be printed in the Federal Reg-
ister upon their submission to Congress.
(d) GAO AUDIT OF COST ALLOCATION.—The Comp-
troller 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 as-
sessment, together with any recommendations the Comptrol-
ler General may have for reallocation of costs and for oppor-
tunities to increase the efficiency of air traffic control serv-
ices provided by the Administration and by the Department
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of Defense, to the task force, the Administrator, the Sec-
retary 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 enact-
ment 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:
‘‘§ 48111. Funding proposals
‘‘(a) INTRODUCTION AND REFERRAL.—Within 15 days
(not counting any day on which either House is not in ses-
sion) 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 Ma-
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jority Leader and Minority Leader of the Senate. The im-
plementing bill shall be referred by the Presiding Officers
of the respective Houses to the appropriate committee, or,
in the case of a bill containing provisions within the juris-
diction of two or more committees, jointly to such commit-
tees for consideration of those provisions within their re-
spective jurisdictions.
‘‘(b) CONSIDERATION IN THE HOUSE OF REPRESENTA-
TIVES.—
‘‘(1) REFERRAL AND REPORTING.—Any commit-
tee of the House of Representatives to which an imple-
menting bill is referred shall report it, with or with-
out 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 pe-
riod, 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 Mem-
ber favoring the bill (but only at a time or place des-
ignated 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 inten-
tion 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
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House equally between a proponent and an opponent.
The previous question shall be considered as ordered
on the motion to its adoption without intervening mo-
tion. 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 Com-
mittee 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 consider-
ation 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. Dur-
ing 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 di-
vided and controlled by a proponent and an opponent
of the bill. The bill shall be considered as read for
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amendment under the five-minute rule. Only one mo-
tion 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. Consider-
ation 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 con-
sideration 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 interven-
ing motion. A motion to reconsider the vote on pas-
sage of the bill shall not be in order.
‘‘(3) APPEALS OF RULINGS.—Appeals from deci-
sion of the Chair regarding application of the rules
of the House of Representatives to the procedure relat-
ing to an implementing bill shall be decided without
debate.
‘‘(4) CONSIDERATION OF MORE THAN ONE IM-
PLEMENTING BILL.—It shall not be in order to con-
sider under this subsection more than one implement-
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ing 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 mo-
tion to discharge described in paragraph (1) with re-
spect to an implementing bill.
‘‘(c) CONSIDERATION
IN
THE SENATE.—An imple-
menting 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 re-
ferred sequentially to the Committee on Finance for a pe-
riod 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
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report has been available for one calendar day (ex-
cluding Saturdays, Sundays, and legal holidays, un-
less the House is in session on such a day) and the
accompanying statement shall have been filed in the
House.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) IMPLEMENTING
BILL.—The term ‘imple-
menting bill’ means only a bill of either House of
Congress which is introduced as provided in sub-
section (a) with respect to one or more Federal Avia-
tion Administration funding proposals which contain
changes in existing laws or new statutory authority
required to implement such funding proposal or pro-
posals.
‘‘(2) FUNDING
PROPOSAL.—The term ‘funding
proposal’ means a proposal to provide interim or per-
manent funding for operations of the Federal Avia-
tion 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, respec-
tively, 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
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in the case of implementing bills described in sub-
section (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 re-
lating 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 sec-
tion 654 of this title, is further amended by—
(1) redesignating section 45303 as section 45304;
and
(2) by inserting after section 45302 the follow-
ing:
‘‘§ 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
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section referred to as the ‘Administration’) are pay-
able to the Administrator.
‘‘(2) REFUNDS.—The Administrator may refund
any fee paid by mistake or any amount paid in ex-
cess of that required.
‘‘(3) RECEIPTS
CREDITED
TO
ACCOUNT.—Not-
withstanding section 3302 of title 31 all fees and
amounts collected by the Administration, except in-
surance premiums and other fees charged for the pro-
vision of insurance and deposited in the Aviation In-
surance Revolving Fund and interest earned on in-
vestments of such Fund, and except amounts which on
the date of enactment of the Air Traffic Management
System Performance Improvement Act of 1996 are re-
quired to be credited to the general fund of the Treas-
ury (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 ex-
penditure but only for congressionally authorized
and intended purposes; and
‘‘(C) shall remain available until expended.
‘‘(4) ANNUAL
BUDGET
REPORT
BY
ADMINIS-
TRATOR.—The Administrator shall, on the same day
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each year as the President submits the annual budget
to the Congress, provide to the Committee on Com-
merce, 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 Adminis-
tration during the preceding fiscal year;
‘‘(B) a list of activities by the Administra-
tion during the preceding fiscal year that were
supported by fee expenditures and appropria-
tions;
‘‘(C) budget plans for significant programs,
projects, and activities of the Administration, in-
cluding out-year funding estimates;
‘‘(D) any proposed disposition of surplus
fees by the Administration; and
‘‘(E) such other information as those com-
mittees consider necessary.
‘‘(5) DEVELOPMENT OF COST ACCOUNTING SYS-
TEM.—The Administration shall develop a cost ac-
counting system that adequately and accurately re-
flects the investments, operating and overhead costs,
revenues, and other financial measurement and re-
porting aspects of its operations.
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‘‘(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 im-
posed 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 ac-
cruing to the carrier after collection and before remit-
tance) incurred in collecting and handling the fee.
‘‘(7) COST
REDUCTION
AND
EFFICIENCY
RE-
PORT.—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 pro-
posed fees or taxes;
‘‘(B) a statement of steps taken by the Ad-
ministrator to reduce costs and improve effi-
ciency within the Administration;
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‘‘(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 de-
crease 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.’’.
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 
APPROPRIA-
TIONS FOR AIRPORT AND AIRWAY
TRUST FACILITIES
‘‘Sec.
‘‘48201. Advance appropriations.
‘‘§ 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 sec-
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tion 9502 of the Internal Revenue Code of 1986 shall pro-
vide 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 sub-
title VIII is amended by adding at the end the following
new item:
‘‘482. Advance appropriations for airport and airway
trust facilities ..............................................................48201.’’.
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 sys-
tem available to passengers from rural areas;
(4) rural air service has suffered since deregula-
tion;
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(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 re-
cent years; and
(6) a reliable source of funding must be estab-
lished to maintain air service in rural areas and the
essential air service program.
(c) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec-
tion 41742 is amended to read as follows:
‘‘§ 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 Ad-
ministration, the sum of $50,000,000 is authorized and
shall be made available immediately for obligation and ex-
penditure to carry out the essential air service program
under this subchapter for each fiscal year.
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‘‘(b) FUNDING FOR SMALL COMMUNITY AIR SERV-
ICE.—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 au-
thority 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 Manage-
ment System Performance Improvement Act of 1996, the
Secretary may require an eligible agency, as defined in sec-
tion 40117(a)(2) of this title, to provide matching funds of
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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 sub-
chapter 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 Improve-
ment Act of 1996’’.
SEC. 702. EMPLOYMENT INVESTIGATIONS OF PILOT APPLI-
CANTS.
(a) IN GENERAL.—Section 44936 is amended by add-
ing at the end the following new subsection:
‘‘(f) RECORDS
OF EMPLOYMENT
OF PILOT APPLI-
CANTS.—
‘‘(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 Adminis-
trator of the Federal Aviation Administration
(hereafter in this subsection referred to as the
‘Administrator’), records pertaining to the indi-
vidual that are maintained by the Administrator
concerning—
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‘‘(i) current airman certificates (in-
cluding airman medical certificates) and
associated type ratings, including any limi-
tations to those certificates and ratings; and
‘‘(ii) summaries of legal enforcement
actions resulting in a finding by the Ad-
ministrator of a violation of this title or a
regulation prescribed or order issued under
this title that was not subsequently over-
turned.
‘‘(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 employ-
ment application of the individual, or from the
trustee in bankruptcy for such air carrier or per-
son—
‘‘(i) records pertaining to the individ-
ual 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;
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‘‘(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 in-
dividual 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 air-
man 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 employ-
ment or resignation, termination, or
disqualification with respect to em-
ployment.
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‘‘(C) 
NATIONAL
DRIVER
REGISTER
RECORDS.—In 
accordance 
with 
section
30305(b)(7), from the chief driver licensing offi-
cial of a State, information concerning the motor
vehicle driving record of the individual.
‘‘(2) WRITTEN CONSENT; RELEASE FROM LIABIL-
ITY.—An air carrier making a request for records
under paragraph (1)—
‘‘(A) shall be required to obtain written con-
sent to the release of those records from the indi-
vidual that is the subject of the records requested;
and
‘‘(B) may, notwithstanding any other pro-
vision of law or agreement to the contrary, re-
quire the individual who is the subject of the
records to request to execute a release from liabil-
ity 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 fur-
nishing 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, un-
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less the information concerns a revocation or suspen-
sion 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 de-
scribed in paragraph (1)(A) for a period of at least
5 years.
‘‘(5) RECEIPT OF CONSENT; PROVISION OF IN-
FORMATION.—A person shall not furnish a record in
response to a request made under paragraph (1) with-
out 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 re-
quested 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.
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‘‘(7) REASONABLE
CHARGES
FOR
PROCESSING
REQUESTS AND FURNISHING COPIES.—A person who
receives a request under paragraph (1) or (6) may es-
tablish 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 para-
graph (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 re-
quest.
‘‘(9) RIGHT
TO
CORRECT
INACCURACIES.—An
air carrier that maintains or requests and receives
the records of an individual under paragraph (1)
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shall provide the individual with a reasonable oppor-
tunity to submit written comments to correct any in-
accuracies 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.
‘‘(11) PRIVACY
PROTECTIONS.—An air carrier
that receives the records of an individual under para-
graph (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 car-
rier 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 indi-
vidual that is not directly involved in the hiring deci-
sion.
‘‘(12) PERIODIC
REVIEW.—Not later than 18
months after the date of enactment of the Pilot
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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 avia-
tion 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 sub-
paragraphs (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 indi-
vidual 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
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‘‘(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 indi-
vidual 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 para-
graph (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 de-
scribed 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 re-
spect to the furnishing or use of such records in ac-
cordance with subsection (a).
‘‘(2) PREEMPTION.—No State or political sub-
division thereof may enact, prescribe, issue, continue
in effect, or enforce any law (including any regula-
tion, standard, or other provision having the force
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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 INFORMA-
TION.—Paragraphs (1) and (2) shall not apply with
respect to a person who furnishes information in re-
sponse 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 para-
graph (8); and
(2) by inserting after paragraph (6) the follow-
ing:
‘‘(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 informa-
tion about the individual under paragraph (2) to the
prospective employer of the individual or to the Sec-
retary of Transportation. Information may not be ob-
tained from the National Driver Register under this
subsection if the information was entered in the Reg-
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ister 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 car-
rier 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 consist-
ing 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 coordina-
tion, 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 fa-
cilities 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).
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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 (for-
merly 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 Washing-
ton 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 Metro-
politan 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
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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 Author-
ity—
(1) should not provide any reserved parking
areas free of charge to Members of Congress, other
Government officials, or diplomats at Washington Na-
tional 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—
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(1) the terms ‘‘Airports Authority’’, ‘‘Washington
National Airport’’, and ‘‘Washington Dulles Inter-
national Airport’’ have the same meanings as in sec-
tion 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 AP-
POINTED 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 AP-
POINTEES.—Of the members first appointed by the Presi-
dent 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 va-
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cancy in that office, the member appointed to fill the
existing vacancy and the member to whom this para-
graph 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 establish-
ment of, or recognizing the Metropolitan Washington Air-
ports Authority, and based upon the Federal interest in the
continued functions of the Metropolitan Washington Air-
ports (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 nec-
essary conforming changes in State law are made in the
same manner as if those conforming changes had been en-
acted on the date of enactment of this Act.
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SEC. 807. OPERATIONAL SLOTS AT NATIONAL AIRPORT.
Nothing in this title shall affect the number or dis-
tribution 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 amend-
ed 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 Transpor-
tation for expenses incurred,
for carrying out any Federal agency oversight responsibil-
ities 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 Protec-
tion Act of 1996’’.
SEC. 902. FINDINGS; PURPOSE.
(a) IN GENERAL.—The Congress finds that—
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(1) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue 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 viola-
tion of the condition referred to in paragraph (1) un-
dermines the interest of the United States in promot-
ing 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 ade-
quately and must have additional regulatory tools to
increase enforcement efforts; and
(5) sponsors who have been found to have ille-
gally 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—
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(1) eliminating the ability of any State or politi-
cal 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 diver-
sions referred to in paragraph (1);
(3) establishing a statute of limitations for air-
port 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 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration.
(2) AIRPORT.—The term ‘‘airport’’ has the
meaning provided that term in section 47102(2) of
title 49, United States Code.
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(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 sec-
tion:
‘‘§ 47133. Restriction on use of revenues
‘‘(a) PROHIBITION.—Local taxes on aviation fuel (ex-
cept taxes in effect on December 30, 1987) or the revenues
generated by an airport that is the subject of Federal assist-
ance 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 op-
erated 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.
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‘‘(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 opera-
tor, 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 sec-
tion 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 add-
ing at the end the following new subsections:
‘‘(m) AUDIT CERTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation (hereafter in this section referred to as the ‘Sec-
retary’), acting through the Administrator of the Fed-
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eral Aviation Administration (hereafter in this sec-
tion referred to as the ‘Administrator’), shall promul-
gate regulations that require a recipient of a project
grant (or any other recipient of Federal financial as-
sistance 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) in-
volved.
‘‘(2) CONTENT OF REVIEW.—A review conducted
under paragraph (1) shall provide reasonable assur-
ances 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 sub-
section shall include a specific determination and
opinion regarding the appropriateness of the disposi-
tion of airport funds paid or transferred to a sponsor.
‘‘(n) RECOVERY OF ILLEGALLY DIVERTED FUNDS.—
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‘‘(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 Adminis-
trator, 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 di-
version of airport revenues asserted in the audit
or report occurred.
‘‘(2) NOTIFICATION.—Upon making such a find-
ing, 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 reim-
burse 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
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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 ac-
tion 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 sub-
section (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
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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 prac-
ticable 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 af-
fected by a diversion that is the subject of a civil ac-
tion 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 di-
verted 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 para-
graph (2), the Secretary, acting through the Adminis-
trator, shall charge a minimum annual rate of inter-
est on the amount of any illegal diversion of revenues
referred to in subsection (n) in an amount equal to
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the average investment interest rate for tax and loan
accounts of the Department of the Treasury (as deter-
mined by the Secretary of the Treasury) for the appli-
cable calendar year, rounded to the nearest whole per-
centage point.
‘‘(2) ADJUSTMENT
OF
INTEREST
RATES.—If,
with respect to a calendar quarter, the average invest-
ment interest rate for tax and loan accounts of the
Department of the Treasury exceeds the average in-
vestment interest rate for the immediately preceding
calendar quarter, rounded to the nearest whole per-
centage point, the Secretary of the Treasury may ad-
just the interest rate charged under this subsection in
a manner that reflects that change.
‘‘(3) ACCRUAL.—Interest assessed under sub-
section (n) shall accrue from the date of the actual il-
legal diversion of revenues referred to in subsection
(n).
‘‘(4) DETERMINATION OF APPLICABLE RATE.—
The applicable rate of interest charged under para-
graph (1) shall—
‘‘(A) be the rate in effect on the date on
which interest begins to accrue under paragraph
(3); and
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‘‘(B) remain at a rate fixed under subpara-
graph (A) during the duration of the indebted-
ness.
‘‘(p) PAYMENT BY AIRPORT TO SPONSOR.—If, in the
course of an audit or other review conducted under this sec-
tion, the Secretary or the Administrator determines that an
airport owes a sponsor funds as a result of activities con-
ducted 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 deter-
mined from the date on which the Secretary or the Adminis-
trator makes that determination.’’.
(b) REVISION OF POLICIES AND PROCEDURES; DEAD-
LINES.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary, act-
ing through the Administrator, shall revise the poli-
cies 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:
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‘‘(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 air-
port for additional payments for services con-
ducted 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 de-
scribed in subparagraph (A) after the date speci-
fied 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 sub-
section (b)(4) and inserting ‘‘, and’’; and