(A) by striking ‘‘Instead of apportioning
amounts for airports in Alaska under’’ and in-
serting ‘‘IN GENERAL.—Notwithstanding’’; and
(B) by striking ‘‘those airports’’ and insert-
ing ‘‘airports in Alaska’’;
(3) in paragraph (2) by inserting ‘‘AUTHORITY
FOR
DISCRETIONARY
GRANTS.—’’ before ‘‘This sub-
section’’;
(4) by striking paragraph (3) and inserting the
following:
‘‘(3) AIRPORTS
ELIGIBLE
FOR
FUNDS.—An
amount apportioned under this subsection may be
used for any public airport in Alaska.’’;
(5) by indenting paragraph (1) and aligning it
and paragraph (2) with paragraph (3) (as amended
by paragraph (4) of this subsection).
(h) REPEAL OF APPORTIONMENT LIMITATION ON COM-
MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117
is amended by striking subsection (f) and by redesignating
subsections (g) and (h) as subsections (f) and (g), respec-
tively.
(i) DESIGNATING CURRENT AND FORMER MILITARY
AIRPORTS.—Section 47118 is amended—
(1) in subsection (a) by striking ‘‘12’’ and in-
serting ‘‘15’’; and
(2) by adding at the end the following:
‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—
Notwithstanding any other provision of this section, at least
1 of the airports designated under subsection (a) shall be
a general aviation airport that is a former military instal-
lation closed or realigned under a law described in sub-
section (a)(1).’’.
(j) ELIGIBILITY OF RUNWAY INCURSION PREVENTION
DEVICES.—
(1) POLICY.—Section 47101(a)(11) is amended
by inserting ‘‘(including integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices)’’
after ‘‘activities’’.
(2) MAXIMUM USE OF SAFETY FACILITIES.—Sec-
tion 47101(f) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (9); and
(B) by striking the period at the end of
paragraph (10) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention
devices, including integrated in-pavement lighting
systems for runways and taxiways, in accordance
with an applicable runway incursion prevention
plan.’’.
(3) AIRPORT DEVELOPMENT DEFINED.—Section
47102(3)(B)(ii) is amended by inserting ‘‘and includ-
ing integrated in-pavement lighting systems for run-
ways and taxiways and other runway and taxiway
incursion prevention devices’’ before the semicolon at
the end.
SEC. 105. GRANTS FROM SMALL AIRPORT FUND.
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR-
PORT
OPERATING
CERTIFICATES.—Section 
47116 
is
amended by adding at the end the following:
‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR-
PORT OPERATING CERTIFICATES.—In the first fiscal year
beginning after the effective date of regulations issued to
carry out section 44706(b) with respect to airports described
in section 44706(a)(2), and in each of the next 4 fiscal
years, the lesser of $15,000,000 or 20 percent of the amounts
distributed to sponsors of airports under subsection (b)(2)
shall be used to assist the airports in meeting the terms
established by the regulations. If the Secretary publishes in
the Federal Register a finding that all the terms established
by the regulations have been met, this subsection shall cease
to be effective as of the date of such publication.’’.
(b) NOTIFICATION OF SOURCE OF GRANT.—Section
47116 is further amended by adding at the end the follow-
ing:
‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever
the Secretary makes a grant under this section, the Sec-
retary shall notify the recipient of the grant, in writing,
that the source of the grant is from the small airport fund.’’.
SEC. 106. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) IN GENERAL.—Subchapter I of chapter 471 is
amended by adding at the end the following:
‘‘§ 47135. Innovative financing techniques
‘‘(a) IN GENERAL.—The Secretary of Transportation
may approve applications under this subchapter for not
more than 20 projects for which grants made under this
subchapter may be used to implement innovative financing
techniques.
‘‘(b) PURPOSE.—The purpose of implementing innova-
tive financing techniques under this section shall be to pro-
vide information on the benefits and difficulties of using
such techniques for airport development projects.
‘‘(c) LIMITATION.—In no case shall the implementa-
tion of an innovative financing technique under this section
be used in a manner giving rise to a direct or indirect guar-
antee of any airport debt instrument by the United States
Government.
‘‘(d) INNOVATIVE FINANCING TECHNIQUE DEFINED.—
In this section, the term ‘innovative financing technique’
is limited to—
‘‘(1) payment of interest;
‘‘(2) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development; and
‘‘(3) flexible non-Federal matching require-
ments.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter 1 of chapter 471 is amended by adding at the end
the following:
‘‘47135. Innovative financing techniques.’’.
SEC. 107. AIRPORT SECURITY PROGRAM.
(a) IN GENERAL.—Chapter 471 (as amended by sec-
tion 106 of this Act) is amended by adding the following
new section:
‘‘§ 47136. Airport security program
‘‘(a) GENERAL AUTHORITY.—To improve security at
public airports in the United States, the Secretary of
Transportation shall carry out not less than 1 project to
test and evaluate innovative airport security systems and
related technology.
‘‘(b) PRIORITY.—In carrying out this section, the Sec-
retary shall give the highest priority to a request from an
eligible sponsor for a grant to undertake a project that—
‘‘(1) evaluates and tests the benefits of innovative
airport security systems or related technology, includ-
ing explosives detection systems, for the purpose of
improving airport and aircraft physical security and
access control; and
‘‘(2) provides testing and evaluation of airport
security systems and technology in an operational,
test bed environment.
‘‘(c) MATCHING
SHARE.—Notwithstanding section
47109, the United States Government’s share of allowable
project costs for a project under this section is 100 percent.
‘‘(d) TERMS AND CONDITIONS.—The Secretary may es-
tablish such terms and conditions as the Secretary deter-
mines appropriate for carrying out a project under this sec-
tion, including terms and conditions relating to the form
and content of a proposal for a project, project assurances,
and schedule of payments.
‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section,
the term ‘eligible sponsor’ means a nonprofit corporation
composed of a consortium of public and private persons,
including a sponsor of a primary airport, with the nec-
essary engineering and technical expertise to successfully
conduct the testing and evaluation of airport and aircraft
related security systems.
‘‘(f) AUTHORIZATION
OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under section
47115 in a fiscal year, the Secretary shall make available
not less than $5,000,000 for the purpose of carrying out
this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter 1 of such chapter is amended by adding at the end
the following:
‘‘47136. Airport security program.’’.
SEC. 108. MATCHING SHARE FOR STATE BLOCK GRANT PRO-
GRAM.
Section 47109(a) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) not more than 90 percent for a project fund-
ed by a grant issued to and administered by a State
under section 47128, relating to the State block grant
program;’’;
(3) by striking ‘‘and’’ at the end of paragraph
(3) (as so redesignated); and
(4) by striking the period at the end of para-
graph (4) (as so redesignated) and inserting ‘‘; and’’.
SEC. 109. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-
RELATED PROJECTS.
Section 40117 is amended by adding at the end the
following:
‘‘(j) SHELL OF TERMINAL BUILDING AND AIRCRAFT
FUELING FACILITIES.—In order to enable additional air
service by an air carrier with less than 50 percent of the
scheduled passenger traffic at an airport, the Secretary may
consider the shell of a terminal building (including heating,
ventilation, and air conditioning) and aircraft fueling fa-
cilities adjacent to an airport terminal building to be an
eligible airport-related project under subsection (a)(3)(E).’’.
SEC. 110. TERMINAL DEVELOPMENT COSTS.
(a) REPAYING BORROWED MONEY.—Section 47119(a)
is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘0.05’’ and inserting
‘‘0.25’’; and
(B) by striking ‘‘between January 1, 1992,
and October 31, 1992,’’ and inserting ‘‘between
August 1, 1986, and September 30, 1990, or be-
tween June 1, 1991, and October 31, 1992,’’; and
(2) in paragraph (1)(B) by striking ‘‘an airport
development project outside the terminal area at that
airport’’ and inserting ‘‘any needed airport develop-
ment project affecting safety, security, or capacity’’.
(b) NONHUB AIRPORTS.—Section 47119(c) is amended
by striking ‘‘0.05’’ and inserting ‘‘0.25’’.
SEC. 111. CONVEYANCES OF SURPLUS PROPERTY FOR PUB-
LIC AIRPORTS.
(a) REQUESTS BY PUBLIC AGENCIES.—Section 47151
is amended by adding at the end the following:
‘‘(d) REQUESTS BY PUBLIC AGENCIES.—Except with
respect to a request made by another department, agency,
or instrumentality of the executive branch of the United
States Government, such a department, agency, or instru-
mentality shall give priority consideration to a request
made by a public agency (as defined in section 47102) for
surplus property described in subsection (a) for use at a
public airport.’’.
(b) NOTICE AND PUBLIC COMMENT; PUBLICATION OF
DECISIONS.—Section 47153(a) is amended—
(1) in paragraph (1) by inserting ‘‘, after pro-
viding notice and an opportunity for public com-
ment,’’ after ‘‘if the Secretary decides’’; and
(2) by adding at the end the following:
‘‘(3) PUBLICATION
OF
DECISIONS.—The Sec-
retary shall publish in the Federal Register any deci-
sion to waive a term under paragraph (1) and the
reasons for the decision.’’.
(c) CONSIDERATIONS.—Section 47153 is amended by
adding at the end the following:
‘‘(c) CONSIDERATIONS.—In deciding whether to waive
a term required under section 47152 or add another term,
the Secretary shall consider the current and future needs
of the users of the airport and the interests of the owner
of the property.’’.
(d) REFERENCES TO GIFTS.—Chapter 471 is amend-
ed—
(1) in section 47151—
(A) in subsection (a)—
(i) in the matter preceding paragraph
(1) by striking ‘‘give’’ and inserting ‘‘con-
vey to’’; and
(ii) in paragraph (2) by striking ‘‘gift’’
and inserting ‘‘conveyance’’;
(B) in subsection (b)—
(i) by striking ‘‘giving’’ and inserting
‘‘conveying’’; and
(ii) by striking ‘‘gift’’ and inserting
‘‘conveyance’’; and
(C) in subsection (c)—
(i) in the subsection heading by strik-
ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;
and
(ii) by striking ‘‘given’’ and inserting
‘‘conveyed’’;
(2) in section 47152—
(A) in the section heading by striking
‘‘gifts’’ and inserting ‘‘conveyances’’; and
(B) in the matter preceding paragraph (1)
by striking ‘‘gift’’ and inserting ‘‘conveyance’’;
(3) in section 47153(a)(1)—
(A) by striking ‘‘gift’’ each place it appears
and inserting ‘‘conveyance’’; and
(B) by striking ‘‘given’’ and inserting ‘‘con-
veyed’’; and
(4) in the analysis for such chapter by striking
the item relating to section 47152 and inserting the
following:
‘‘47152. Terms of conveyances.’’.
SEC. 112. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically
restricts the number of runways at a single international
airport, the Secretary of Transportation may obligate funds
made available under chapters 471 and 481 of title 49,
United States Code, for any project to construct a new run-
way at such airport, unless this section is expressly re-
pealed.
SEC. 113. POTOMAC METROPLEX TERMINAL RADAR AP-
PROACH CONTROL FACILITY.
(a) SITE SELECTION.—The Administrator may not se-
lect a site for, or begin construction of, the Potomac
Metroplex terminal radar approach control facility in the
State of Virginia before the 90th day after the Adminis-
trator transmits to Congress a report on the relative costs
and benefits of constructing the facility on land already
owned by the United States, including land located outside
the Washington, D.C., metropolitan area.
(b) CONTENTS OF REPORT.—The report to be trans-
mitted under subsection (a) shall include—
(1) a justification for the current construction
plan, including the size and cost of the consolidated
facility; and
(2) a complete risk analysis of the possibility
that the redesigned airspace may not be completed, or
may be only partially completed, including an expla-
nation of whether or not the consolidation will be cost
beneficial if the airspace is only partially redesigned.
SEC. 114. GENERAL FACILITIES AUTHORITY.
(a) CONTINUATION OF ILS INVENTORY PROGRAM.—
Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘fiscal years 1995 and 1996’’ and
inserting ‘‘fiscal year 1999’’; and
(2) by inserting ‘‘under new or existing con-
tracts’’ after ‘‘including acquisition’’.
(b) 
LORAN-C 
NAVIGATION
FACILITIES.—Section
44502(a) is amended by adding at the end the following:
‘‘(5) MAINTENANCE AND UPGRADE OF LORAN-C
NAVIGATION FACILITIES.—The Secretary shall main-
tain and upgrade Loran-C navigation facilities
throughout the transition period to satellite-based
navigation.’’.
SEC. 115. TRANSPORTATION ASSISTANCE FOR OLYMPIC
CITIES.
(a) PURPOSE.—The purpose of this section is to pro-
vide assistance and support to State and local efforts on
aviation-related transportation issues necessary to obtain
the national recognition and economic benefits of participa-
tion in the International Olympic movement and the Inter-
national Paralympic movement by hosting international
quadrennial Olympic and Paralympic events in the United
States.
(b) AIRPORT DEVELOPMENT PROJECTS.—
(1) AIRPORT DEVELOPMENT DEFINED.—Section
47102(3) is amended by adding at the end the follow-
ing:
‘‘(H) Developing, in coordination with
State and local transportation agencies, inter-
modal transportation plans necessary for Olym-
pic-related projects at an airport.’’.
(2) DISCRETIONARY GRANTS.—Section 47115(d)
is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) the need for the project in order to meet the
unique demands of hosting international quadrennial
Olympic events.’’.
SEC. 116. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR
CARRIERS.
(a) IN GENERAL.—It shall not be considered unreason-
able or unjust discrimination or a violation of section
47107 of title 49, United States Code, for the owner or oper-
ator of an airport described in (b) to deny access to any
air carrier that is conducting operations as a public charter
under part 380 of title 14, Code of Federal Regulations,
with aircraft designed to carry more than 9 passengers per
flight.
(b) COVERED AIRPORTS.—This section shall only
apply to an airport that—
(1) is designated as a reliever airport by the Ad-
ministrator;
(2) does not have an operating certificate issued
under part 139 of title 14, Code of Federal Regula-
tions; and
(3) is located within 25 miles of an airport that
has at least 0.05 percent of the total annual boardings
in the United States and has current gate capacity
to handle the demands of the public charter operation.
(c) PUBLIC CHARTER DEFINED.—In this section, the
term ‘public charter’ means charter air transportation for
which the general public is provided in advance a schedule
containing the departure location, departure time, and ar-
rival location of the flights.
SEC. 117. PERIOD OF APPLICABILITY OF AMENDMENTS.
Effective September 29, 1998, section 125 of the Fed-
eral Aviation Reauthorization Act of 1996 (49 U.S.C.
47114 note; 110 Stat. 3220) is repealed.
SEC. 118. TECHNICAL AMENDMENTS.
(a) DISCRETIONARY FUND DEFINITION.—
(1) AMOUNTS IN FUND AND AVAILABILITY.—Sec-
tion 47115 is amended—
(A) in subsection (a)(2) by striking ‘‘25’’
and inserting ‘‘12.5’’; and
(B) by striking the second sentence of sub-
section (b).
(2) SMALL
AIRPORT
FUND.—Section 47116 is
amended—
(A) in subsection (a) by striking ‘‘75’’ and
inserting ‘‘87.5’’; and
(B) in subsection (b) by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) 1⁄7 for grants for projects at small hub air-
ports (as defined in section 41731 of this title).
‘‘(2) The remaining amounts as follows:
‘‘(A) 1⁄3 for grants to sponsors of public-use
airports (except commercial service airports).
‘‘(B) 2⁄3 for grants to sponsors of each com-
mercial service airport that each year has less
than .05 percent of the total boardings in the
United States in that year.’’.
(b) CONTINUATION OF PROJECT FUNDING.—Section
47108 is amended by adding at the end the following:
‘‘(e) CHANGE IN AIRPORT STATUS.—In the event that
the status of a primary airport changes to a nonprimary
airport at a time when a terminal development project
under a multiyear agreement under subsection (a) is not
yet completed, the project shall remain eligible for funding
from discretionary funds under section 47115 at the fund-
ing level and under the terms provided by the agreement,
subject to the availability of funds.’’.
TITLE II—CONTRACT TOWER
PROGRAM
SEC. 201. CONTRACT TOWERS.
Section 47124(b) is amended by adding at the end the
following:
‘‘(3) NONQUALIFYING
AIR
TRAFFIC
CONTROL
TOWERS.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a program to contract for air traffic con-
trol services at not more than 20 level I air traf-
fic control towers, as defined by the Adminis-
trator of the Federal Aviation Administration,
that do not qualify for the program established
under subsection (a) and continued under para-
graph (1).
‘‘(B) PRIORITY.—In selecting facilities to
participate in the program under this para-
graph, the Administrator shall give priority to
the following:
‘‘(i) Air traffic control towers that are
participating in the program continued
under paragraph (1) but have been notified
that they will be terminated from such pro-
gram because the Administrator has deter-
mined that the benefit-to-cost ratio for their
continuation in such program is less than
1.
‘‘(ii) Level I air traffic control towers
of the Federal Aviation Administration that
are closed as a result of the air traffic con-
trollers strike in 1981.
‘‘(iii) Air traffic control towers that
are located at airports that receive air serv-
ice from an air carrier that is receiving
compensation under the essential air service
program of subchapter II of chapter 417.
‘‘(iv) Air traffic control towers located
at airports that are prepared to assume re-
sponsibility for tower construction and
maintenance costs.
‘‘(v) Air traffic control towers that are
located at airports with safety or oper-
ational problems related to topography,
weather, runway configuration, or mix of
aircraft.
‘‘(C) COSTS EXCEEDING BENEFITS.—If the
costs of operating a control tower under the pro-
gram established under this paragraph exceed the
benefits, the airport sponsor or State or local
government having jurisdiction over the airport
shall pay the portion of the costs that exceed such
benefits.
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
$6,000,000 per fiscal year to carry out this para-
graph.’’.
TITLE III—FAMILY ASSISTANCE
SEC. 301. RESPONSIBILITIES OF NATIONAL TRANSPOR-
TATION SAFETY BOARD.
(a) PROHIBITION
ON
UNSOLICITED
COMMUNICA-
TIONS.—
(1) IN GENERAL.—Section 1136(g)(2) is amend-
ed—
(A) by inserting after ‘‘transportation,’’ the
following: ‘‘and in a case involving a foreign air
carrier and an accident that occurs within the
United States,’’;
(B) by inserting after ‘‘attorney’’ the follow-
ing: ‘‘(including any associate, agent, employee,
or other representative of the attorney)’’; and
(C) by striking ‘‘30th day’’ and inserting
‘‘45th day’’.
(2) ENFORCEMENT.—Section 1151 is amended
by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each
place it appears.
(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL
HEALTH AND COUNSELING SERVICES.—Section 1136(g) is
amended by adding at the end the following:
‘‘(3) PROHIBITION
ON
ACTIONS
TO
PREVENT
MENTAL
HEALTH
AND
COUNSELING
SERVICES.—No
State or political subdivision may prevent the em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from
providing mental health and counseling services
under subsection (c)(1) in the 30-day period begin-
ning on the date of the accident. The director of fam-
ily support services designated for the accident under
subsection (a)(1) may extend such period for not to
exceed an additional 30 days if the director deter-
mines that the extension is necessary to meet the
needs of the families and if State and local authori-
ties are notified of the determination.’’.
(c) INCLUSION
OF NON-REVENUE PASSENGERS
IN
FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is
amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ in-
cludes—
‘‘(A) an employee of an air carrier or for-
eign air carrier aboard an aircraft; and
‘‘(B) any other person aboard the aircraft
without regard to whether the person paid for the
transportation, occupied a seat, or held a res-
ervation for the flight.’’.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—Sec-
tion 1136 is amended by adding at the end the following:
‘‘(i) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations that
an air carrier may have, in providing assistance to the
families of passengers involved in an aircraft accident.’’.
SEC. 302. AIR CARRIER PLANS.
(a) CONTENTS OF PLANS.—
(1) FLIGHT
RESERVATION
INFORMATION.—Sec-
tion 41113(b) is amended by adding at the end the
following:
‘‘(14) An assurance that, upon request of the
family of a passenger, the air carrier will inform the
family of whether the passenger’s name appeared on
a preliminary passenger manifest for the flight in-
volved in the accident.’’.
(2) TRAINING
OF
EMPLOYEES
AND
AGENTS.—
Section 41113(b) is further amended by adding at the
end the following:
‘‘(15) An assurance that the air carrier will pro-
vide adequate training to the employees and agents of
the carrier to meet the needs of survivors and family
members following an accident.’’.
(3) SUBMISSION
OF
UPDATED
PLANS.—The
amendments made by paragraphs (1) and (2) shall
take effect on the 180th day following the date of en-
actment of this Act. On or before such 180th day, each
air carrier holding a certificate of public convenience
and necessity under section 41102 of title 49, United
States Code, shall submit to the Secretary of Trans-
portation and the Chairman of the National Trans-
portation Safety Board an updated plan under sec-
tion 41113 of such title that meets the requirement of
the amendments made by paragraphs (1) and (2).
(4) CONFORMING AMENDMENTS.—Section 41113
is amended—
(A) in subsection (a) by striking ‘‘Not later
than 6 months after the date of the enactment of
this section, each air carrier’’ and inserting
‘‘Each air carrier’’; and
(B) in subsection (c) by striking ‘‘After the
date that is 6 months after the date of the enact-
ment of this section, the Secretary’’ and insert-
ing ‘‘The Secretary’’.
(b) LIMITATION ON LIABILITY.—Section 41113(d) is
amended by inserting ‘‘, or in providing information con-
cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Sec-
tion 41113 is amended by adding at the end the following:
‘‘(f) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations that
an air carrier may have, in providing assistance to the
families of passengers involved in an aircraft accident.’’.
SEC. 303. FOREIGN AIR CARRIER PLANS.
(a) INCLUSION
OF NON-REVENUE PASSENGERS
IN
FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is
amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ has the
meaning given such term by section 1136 of this
title.’’.
(b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—
Section 41313(b) is amended by striking ‘‘significant’’ and
inserting ‘‘major’’.
(c) CONTENTS OF PLANS.—
(1) IN GENERAL.—Section 41313(c) is amended
by adding at the end the following:
‘‘(15) An assurance that the foreign air carrier
will provide adequate training to the employees and
agents of the carrier to meet the needs of survivors
and family members following an accident.’’.
(2) SUBMISSION
OF
UPDATED
PLANS.—The
amendment made by paragraph (1) shall take effect
on the 180th day following the date of enactment of
this Act. On or before such 180th day, each foreign
air carrier providing foreign air transportation
under chapter 413 of title 49, United States Code,
shall submit to the Secretary of Transportation and
the Chairman of the National Transportation Safety
Board an updated plan under section 41313 of such
title that meets the requirement of the amendment
made by paragraph (1).
SEC. 304. APPLICABILITY OF DEATH ON THE HIGH SEAS
ACT.
(a) IN GENERAL.—Section 40120(a) is amended by in-
serting ‘‘(including the Act entitled ‘An Act relating to the
maintenance of actions for death on the high seas and other
navigable waters’, approved March 30, 1920, commonly
known as the Death on the High Seas Act (46 U.S.C. App.
761–767; 41 Stat. 537–538))’’ after ‘‘United States’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies to civil actions commenced after the date
of enactment of this Act and to civil actions that are not
adjudicated by a court of original jurisdiction or settled on
or before such date of enactment.
TITLE IV—WAR RISK INSURANCE
PROGRAM
SEC. 401. AVIATION INSURANCE PROGRAM AMENDMENTS.
(a) 
REIMBURSEMENT
OF
INSURED
PARTY’S
SUBROGEE.—Section 44309(a) is amended to read as fol-
lows:
‘‘(a) LOSSES.—
‘‘(1) ACTIONS AGAINST UNITED STATES.—A per-
son may bring a civil action in a district court of the
United States or in the United States Court of Fed-
eral Claims against the United States Government
when—
‘‘(A) a loss insured under this chapter is in
dispute; or
‘‘(B)(i) the person is subrogated under a
contract between the person and a party insured
under this chapter (other than section 44305(b))
to the rights of the insured party against the
United States Government; and
‘‘(ii) the person has paid to the insured
party, with the approval of the Secretary of
Transportation, an amount for a physical dam-
age loss that the Secretary has determined is a
loss covered by insurance issued under this chap-
ter (other than section 44305(b)).
‘‘(2) LIMITATION.—A civil action involving the
same matter (except the action authorized by this sub-
section) may not be brought against an agent, officer,
or employee of the Government carrying out this
chapter.
‘‘(3) PROCEDURE.—To the extent applicable, the
procedure in an action brought under section
1346(a)(2) of title 28 applies to an action under this
subsection.’’.
(b) EXTENSION OF AVIATION INSURANCE PROGRAM.—
Section 44310 of such title is amended by striking ‘‘1998’’
and inserting ‘‘2003’’.
TITLE V—SAFETY
SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD-
LINE.
(a) IN GENERAL.—The Administrator shall require by
regulation that, not later than December 31, 2002, equip-
ment be installed, on each cargo aircraft with a payload
capacity of 15,000 kilograms or more, that provides protec-
tion from mid-air collisions and resolution advisory capa-
bility that is at least as good as is provided by the collision
avoidance system known as TCAS–II.
(b) EXTENSION
OF DEADLINE.—The Administrator
may extend the deadline established by subsection (a) by
not more than 1 year if the Administrator finds that the
extension would promote safety.
SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.
Section 44936 is amended—
(1) in subsection (f)(1)(B) by inserting ‘‘(except
a branch of the United States Armed Forces, the Na-
tional Guard, or a reserve component of the United
States Armed Forces)’’ after ‘‘person’’ the first place
it appears;
(2) in subsection (f)(1)(B)(ii) by striking ‘‘indi-
vidual’’ and inserting ‘‘individual’s performance as a
pilot’’; and
(3) in subsection (f)(14)(B) by inserting ‘‘or
from a foreign government or entity that employed
the individual’’ after ‘‘exists’’.
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOY-
EES.
Section 347(b)(1) of the Department of Transportation
and Related Agencies Appropriations Act, 1996 (49 U.S.C.
106 note; 109 Stat. 460) is amended by inserting before the
semicolon at the end the following: ‘‘, including the provi-
sions for investigation and enforcement as provided in
chapter 12 of title 5, United States Code’’.
SEC. 504. SAFETY RISK MITIGATION PROGRAMS.
Section 44701 (as amended by section 805 of this Act)
is amended by adding at the end the following:
‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE-
LINES.—The Administrator shall issue guidelines and en-
courage the development of air safety risk mitigation pro-
grams throughout the aviation industry, including self-au-
dits and self-disclosure programs.’’.
SEC. 
505. 
FLIGHT 
OPERATIONS 
QUALITY 
ASSURANCE
RULES.
Not later than 30 days after the date of enactment of
this Act, the Administrator shall issue a notice of proposed
rulemaking to develop procedures to protect air carriers and
their employees from civil enforcement actions under the
program known as Flight Operations Quality Assurance.
Not later than 1 year after the last day of the period for
public comment provided for in the notice of proposed rule-
making, the Administrator shall issue a final rule establish-
ing such procedures.
SEC. 506. SMALL AIRPORT CERTIFICATION.
Not later than 180 days after the date of enactment
of this Act, the Administrator shall issue a notice of pro-
posed rulemaking on implementing section 44706(a)(2) of
title 49, United States Code, relating to issuance of airport
operating certificates for small scheduled passenger air car-
rier operations. Not later than 1 year after the last day
of the period for public comment provided for in the notice
of proposed rulemaking, the Administrator shall issue a
final rule on implementing such program.
SEC. 507. MARKING OF LIFE LIMITED AIRCRAFT PARTS.
(a) MARKING AUTHORITY.—Chapter 447 is amended
by adding the following new section:
‘‘§ 44725. Marking of life limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall conduct a rulemaking pro-
ceeding to determine the most effective way to permanently
mark all life limited civil aviation parts. In accordance
with that determination, the Administrator shall issue a
rule to require the mandatory marking of all such parts
that exceed their useful life.
‘‘(b) DEADLINES.—In conducting the rulemaking pro-
ceeding under subsection (a), the Administrator shall—
‘‘(1) not later than 180 days after the date of en-
actment of this section, issue a notice of proposed
rulemaking; and
‘‘(2) not later than 120 days after the close of the
comment period on the proposed rule, issue a final
rule.’’.
(b) CIVIL PENALTY.—Section 46301(a) is amended—
(1) in paragraph (1)(A) by striking ‘‘and
44719–44723’’ and inserting ‘‘, 44719–44723, and
44725’’; and
(2) in paragraph (3)—
(A) in subparagraph (A) by striking ‘‘or’’
at the end;
(B) in subparagraph (B) by striking the pe-
riod at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) the failure to mark life limited aircraft
parts in accordance of section 44725.’’.
(c) CONFORMING
AMENDMENT.—The analysis for
chapter 447 is amended by adding at the end the following:
‘‘44725. Marking of life limited aircraft parts.’’.
TITLE VI—WHISTLEBLOWER
PROTECTION
SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR
SAFETY INFORMATION.
(a) GENERAL RULE.—Chapter 421 is amended by
adding at the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER
PROTECTION PROGRAM
‘‘§ 42121. Protection of employees providing air safety
information
‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY-
EES.—No air carrier or contractor or subcontractor of an
air carrier may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request
of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide or cause to be provided to the Federal Gov-
ernment information relating to air safety under this
subtitle or any other law of the United States;
‘‘(2) has filed, caused to be filed, or is about to
file or cause to be filed a proceeding relating to air
carrier safety under this subtitle or any other law of
the United States;
‘‘(3) testified or is about to testify in such a pro-
ceeding; or
‘‘(4) assisted or participated or is about to assist
or participate in such a proceeding.
‘‘(b) DEPARTMENT
OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who
believes that he or she has been discharged or other-
wise discriminated against by a person in violation
of subsection (a) may, not later than 180 days after
the date on which such violation occurs, file (or have
any person file on his or her behalf) a complaint with
the Secretary of Labor alleging such discharge or dis-
crimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify the person named in
the complaint and the Administrator of the Federal
Aviation Administration of the filing of the com-
plaint, of the allegations contained in the complaint,
of the substance of evidence supporting the complaint,
and of the opportunities that will be afforded to such
person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—Not
later than 60 days after the date of receipt of a com-
plaint filed under paragraph (1) and after affording
the person named in the complaint of an opportunity
to submit to the Secretary of Labor a written response
to the complaint and an opportunity to meet with a
representative of the Secretary to present statements
from witnesses, the Secretary of Labor shall conduct
an investigation and determine whether there is rea-
sonable cause to believe that the complaint has merit
and notify the complainant and the person alleged to
have committed a violation of subsection (a) of the
Secretary’s findings. If the Secretary of Labor con-
cludes that there is a reasonable cause to believe that
a violation of subsection (a) has occurred, the Sec-
retary shall accompany the Secretary’s findings with
a preliminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after the
date of notification of findings under this paragraph,
either the person alleged to have committed the viola-
tion or the complainant may file objections to the
findings or preliminary order, or both, and request a
hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings
shall be conducted expeditiously. If a hearing is not
requested in such 30-day period, the preliminary
order shall be deemed a final order that is not subject
to judicial review.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall issue
a final order providing the relief prescribed by
this paragraph or denying the complaint. At any
time before issuance of a final order, a proceed-
ing under this subsection may be terminated on
the basis of a settlement agreement entered into
by the Secretary of Labor, the complainant, and
the person alleged to have committed the viola-
tion.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the person who committed such viola-
tion to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay), terms,
conditions, and privileges associated with
his or her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
If such an order is issued under this paragraph,
the Secretary of Labor, at the request of the com-
plainant, shall assess against the person against
whom the order is issued a sum equal to the ag-
gregate amount of all costs and expenses (includ-
ing attorneys’ and expert witness fees) reason-
ably incurred, as determined by the Secretary of
Labor, by the complainant for, or in connection
with, the bringing of the complaint upon which
the order was issued.
‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec-
retary of Labor finds that a complaint under
paragraph (1) is frivolous or has been brought in
bad faith, the Secretary of Labor may award to
the prevailing employer a reasonable attorney’s
fee not exceeding $5,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—Any
person adversely affected or aggrieved by an
order issued under paragraph (3) may obtain re-
view of the order in the United States Court of
Appeals for the circuit in which the violation,
with respect to which the order was issued, alleg-
edly occurred or the circuit in which the com-
plainant resided on the date of such violation.
The petition for review must be filed not later
than 60 days after the date of the issuance of the
order of the Secretary of Labor. Review shall
conform to chapter 7 of title 5, United States
Code. The commencement of proceedings under
this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor with
respect to which review could have been obtained
under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever a person has failed to comply
with an order issued under paragraph (3), the Sec-
retary of Labor may file a civil action in the United
States district court for the district in which the vio-
lation was found to occur to enforce such order. In ac-
tions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief including, but not limited to, injunctive relief
and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was