H. R. 3539—31
(i) proposals for off-budget treatment of the Airport
and Airway Trust Fund;
(ii) alternative financing and funding proposals,
including linked financing proposals;
(iii) modifications to existing levels of Airport and
Airways Trust Fund receipts and taxes for each type
of tax;
(iv) establishment of a cost-based user fee system
based on, but not limited to, criteria under subpara-
graph (F) and methods to ensure that costs are borne
by users on a fair and equitable basis;
(v) methods to ensure that funds collected from
the aviation community are able to meet the needs
of the agency;
(vi) methods to ensure that funds collected from
the aviation community and passengers are used to
support the aviation system;
(vii) means of meeting the airport infrastructure
needs for large, medium, and small airports; and
(viii) any other matter the task force deems appro-
priate to address the funding and needs of the Adminis-
tration and the aviation system.
(C) ADDITIONAL
RECOMMENDATIONS.—The aviation
funding task force report may also make recommendations
concerning—
(i) means of improving productivity by expanding
and accelerating the use of automation and other tech-
nology;
(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 mod-
ernization 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 part-
nerships with for-profit private sector entities, govern-
ment-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 aviation funding
task force’s report, the report shall include a full analysis
and assessment of the impact implementation of the rec-
ommendation 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
H. R. 3539—32
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 pas-
sengers); 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 fre-
quency 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 competi-
tive 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.
(7) DUTIES OF AVIATION SAFETY TASK FORCE.—
(A) REPORT TO ADMINISTRATOR.—Not later than 1 year
after the date of the enactment of this Act, the aviation
safety task force established pursuant to paragraph (3)
shall submit to the Administrator a report setting forth
a comprehensive analysis of aviation safety in the United
States and emerging trends in the safety of particular
sectors of the aviation industry.
(B) CONTENTS.—The report to be submitted under
subparagraph (A) shall include an assessment of—
(i) the adequacy of staffing and training resources
for safety personnel of the Administration, including
safety inspectors;
(ii) the Administration’s processes for ensuring the
public safety from fraudulent parts in civil aviation
and the extent to which use of suspected unapproved
H. R. 3539—33
parts requires additional oversight or enforcement
action; and
(iii) the ability of the Administration to anticipate
changes in the aviation industry and to develop policies
and actions to ensure the highest level of aviation
safety in the 21st century.
(8) ACCESS TO DOCUMENTS AND STAFF.—The Administration
may give the Commission appropriate access to relevant docu-
ments and personnel of the Administration, and the Adminis-
trator 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 Commission 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.
(9) TRAVEL AND PER DIEM.—Each member of the Commis-
sion 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.
(10) DETAIL OF PERSONNEL FROM THE ADMINISTRATION.—
The Administrator shall make available to the Commission
such staff, information, and administrative services and assist-
ance as may reasonably be required to enable the Commission
to carry out its responsibilities under this subsection.
(11) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated such sums as may be necessary to
carry out the provisions of this subsection.
(c) REPORTS TO CONGRESS.—
(1) REPORT BY THE SECRETARY BASED ON FINAL REPORT
OF AVIATION FUNDING TASK FORCE.—
(A) CONSIDERATION
OF
TASK
FORCE’S
PRELIMINARY
REPORT.—Not later than 30 days after receiving the
preliminary report of the aviation funding task force, the
Secretary, in consultation with the Secretary of the Treas-
ury, shall furnish comments on the report to the task
force.
(B) REPORT
TO
CONGRESS.—Not later than 30 days
after receiving the final report of the aviation funding
task force, and in no event more than 1 year after the
date of the enactment of this Act, the Secretary, after
consulting the Secretary of the Treasury, shall transmit
a report to the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Sen-
ate, and the Committee on Transportation and Infrastruc-
ture and the Committee on Ways and Means of the House
of Representatives. Such report shall be based upon the
final report of the task force and shall contain the Sec-
retary’s recommendations for funding the needs of the avia-
tion system through the year 2002.
(C) CONTENTS.—The Secretary shall include in the
report to Congress under subparagraph (B)—
(i) a copy of the final report of the task force;
and
H. R. 3539—34
(ii) a draft bill containing the changes in law nec-
essary to implement the Secretary’s recommendations.
(D) PUBLICATION.—The Secretary shall cause a copy
of the report to be printed in the Federal Register upon
its transmittal to Congress under subparagraph (B).
(2) REPORT BY THE ADMINISTRATOR BASED ON FINAL REPORT
OF AVIATION SAFETY TASK FORCE.—Not later than 30 days after
receiving the report of the aviation safety task force, the
Administrator shall transmit the report to Congress, together
with the Administrator’s recommendations for improving avia-
tion safety in the United States.
(d) GAO AUDIT OF COST ALLOCATION.—The Comptroller Gen-
eral shall conduct an assessment of the manner in which costs
for air traffic control services are allocated between the Administra-
tion and the Department of Defense. The Comptroller General
shall report the results of the assessment, together with any rec-
ommendations 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 Depart-
ment of Defense, to the Commission, the Administrator, the Sec-
retary of Defense, the Committee on Transportation and Infrastruc-
ture of the House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate not later than
180 days after the date of the enactment of this Act.
(e) GAO ASSESSMENT.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall transmit
to the Commission and Congress an independent assessment of
airport development needs.
SEC. 275. PROCEDURE FOR CONSIDERATION OF CERTAIN FUNDING
PROPOSALS.
(a) IN GENERAL.—Chapter 481 is amended by adding at the
end the following:
‘‘§ 48111. Funding proposals
‘‘(a) INTRODUCTION IN THE SENATE.—Within 15 days (not count-
ing any day on which the Senate is not in session) after a funding
proposal is submitted to the Senate by the Secretary of Transpor-
tation under section 274(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 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.
‘‘(b) CONSIDERATION
IN
THE SENATE.—An implementing bill
introduced in the Senate under subsection (a) 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 the 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.
‘‘(c) DEFINITIONS.—For purposes of this section, the following
definitions apply:
‘‘(1) IMPLEMENTING
BILL.—The term ‘implementing bill’
means only a bill of the Senate which is introduced as provided