H. R. 1000—53
as medium hub or smaller airports within the perimeter established
for civil aircraft operations at Ronald Reagan Washington National
Airport under section 49109. The Secretary shall develop criteria
for distributing slot exemptions for flights within the perimeter
to such airports under this paragraph in a manner that promotes
air transportation—
‘‘(1) by new entrant air carriers and limited incumbent
air carriers;
‘‘(2) to communities without existing nonstop air transpor-
tation to Ronald Reagan Washington National Airport;
‘‘(3) to small communities;
‘‘(4) that will provide competitive nonstop air transportation
on a monopoly nonstop route to Ronald Reagan Washington
National Airport; or
‘‘(5) that will produce the maximum competitive benefits,
including low fares.
‘‘(c) LIMITATIONS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not
be granted under this section with respect to any aircraft
that is not a Stage 3 aircraft (as defined by the Secretary).
‘‘(2) GENERAL EXEMPTIONS.—The exemptions granted under
subsections (a) and (b) may not be for operations between
the hours of 10:00 p.m. and 7:00 a.m. and may not increase
the number of operations at Ronald Reagan Washington
National Airport in any 1-hour period during the hours between
7:00 a.m. and 9:59 p.m. by more than two operations.
‘‘(3) ALLOCATION
OF
WITHIN-PERIMETER
EXEMPTIONS.—Of
the exemptions granted under subsection (b)—
‘‘(A) four shall be for air transportation to small hub
airports and nonhub airports; and
‘‘(B) eight shall be for air transportation to medium
hub and smaller airports.
‘‘(4) APPLICABILITY
TO
EXEMPTION
NO. 5133.—Nothing in
this section affects Exemption No. 5133, as from time-to-time
amended and extended.
‘‘(d) APPLICATION PROCESS.—
‘‘(1) DEADLINE FOR SUBMISSION.—All requests for exemp-
tions under this section must be submitted to the Secretary
not later than the 30th day following the date of the enactment
of this subsection.
‘‘(2) DEADLINE FOR COMMENTS.—All comments with respect
to any request for an exemption under this section must be
submitted to the Secretary not later than the 45th day following
the date of the enactment of this subsection.
‘‘(3) DEADLINE FOR FINAL DECISION.—Not later than the
90th day following the date of the enactment of this Act, the
Secretary shall make a decision regarding whether to approve
or deny any request that is submitted to the Secretary in
accordance with paragraph (1).
‘‘(e) APPLICABILITY OF CERTAIN LAWS.—Neither the request for,
nor the granting of an exemption, under this section shall be
considered for purposes of any Federal law a major Federal action
significantly affecting the quality of the human environment.’’.
(2) OVERRIDE OF MWAA RESTRICTION.—Section 49104(a)(5)
is amended by adding at the end thereof the following:
‘‘(D) Subparagraph (C) does not apply to any increase in
the number of instrument flight rule takeoffs and landings
H. R. 1000—54
necessary to implement exemptions granted by the Secretary
under section 41718.’’.
(3) MWAA NOISE-RELATED GRANT ASSURANCES.—
(A) IN
GENERAL.—In addition to any condition for
approval of an airport development project that is the
subject of a grant application submitted to the Secretary
under chapter 471 of title 49, United States Code, by the
Metropolitan Washington Airports Authority, the Authority
shall be required to submit a written assurance that, for
each such grant made for use at Ronald Reagan Wash-
ington National Airport for fiscal year 2000 or any subse-
quent fiscal year—
(i) the Authority will make available for that fiscal
year funds for noise compatibility planning and pro-
grams that are eligible to receive funding under such
chapter in an amount not less than 10 percent of
the amount apportioned to the Ronald Reagan Wash-
ington National Airport under section 47114 of such
title for that fiscal year; and
(ii) the Authority will not divert funds from a
high priority safety project in order to make funds
available for noise compatibility planning and pro-
grams.
(B) WAIVER.—The Secretary may waive the require-
ments of subparagraph (A) for any fiscal year for which
the Secretary determines that the Authority is in compli-
ance with applicable airport noise compatibility planning
and program requirements under part 150 of title 14, Code
of Federal Regulations.
(C) SUNSET.—This paragraph shall cease to be in effect
5 years after the date of the enactment of this Act if
on that date the Secretary certifies that the Authority
has achieved compliance with applicable noise compatibility
planning and program requirements under part 150 of
title 14, Code of Federal Regulations.
(4) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall certify to the Com-
mittee on Commerce, Science, and Transportation of the Senate,
the Committee on Transportation and Infrastructure of the
House of Representatives, the governments of Maryland, Vir-
ginia, and West Virginia, and the metropolitan planning
organization for Washington, D.C., that noise standards, air
traffic congestion, airport-related vehicular congestion, safety
standards, and adequate air service to communities served
by small hub airports and medium hub airports within the
perimeter described in section 49109 of title 49, United States
Code, have been maintained at appropriate levels.
(f ) NOISE COMPATIBILITY PLANNING AND PROGRAMS.—Section
47117(e) is amended by adding at the end the following:
‘‘(3) PRIORITY.—The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around—
‘‘(A) Chicago O’Hare International Airport;
‘‘(B) LaGuardia Airport;
‘‘(C) John F. Kennedy International Airport; and
‘‘(D) Ronald Reagan Washington National Airport.’’.
H. R. 1000—55
(g) STUDY OF COMMUNITY NOISE LEVELS AROUND HIGH DENSITY
AIRPORTS.—The Secretary shall study community noise levels in
the areas surrounding the four high-density airports in fiscal year
2001 and compare those levels with the levels in such areas before
1991.
(h) EXTENSION OF APPLICATION APPROVALS.—Section 49108 is
amended by striking ‘‘2001’’ and inserting ‘‘2004’’.
(i) ELIMINATION OF DEADLINE FOR APPOINTMENT OF MEMBERS
TO BOARD
OF DIRECTORS.—Section 49106(c)(6) is amended by
striking subparagraph (C) and by redesignating subparagraph (D)
as subparagraph (C).
( j) CONFORMING AMENDMENTS.—
(1) OPERATION
LIMITATIONS.—Section 49111 is amended
by striking subsection (e).
(2) CHAPTER ANALYSIS.—The analysis for subchapter I of
chapter 417 is amended—
(A) redesignating the items relating to sections 41715
and 41716 as items relating to sections 41719 and 41720,
respectively; and
(B) by inserting after the item relating to section 41714
the following:
‘‘41715. Phase-out of slot rules at certain airports.
‘‘41716. Interim slot rules at New York airports.
‘‘41717. Interim application of slot rules at Chicago O’Hare International Airport.
‘‘41718. Special Rules for Ronald Reagan Washington National Airport.’’.
TITLE III—FAA MANAGEMENT REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended by adding at the end the following:
‘‘(42) ‘air traffic control system’ means the combination
of elements used to safely and efficiently monitor, direct, con-
trol, and guide aircraft in the United States and United States-
assigned airspace, including—
‘‘(A) allocated electromagnetic spectrum and physical,
real, personal, and intellectual property assets making up
facilities, equipment, and systems employed to detect,
track, and guide aircraft movement;
‘‘(B) laws, regulations, orders, directives, agreements,
and licenses;
‘‘(C) published procedures that explain required
actions, activities, and techniques used to ensure adequate
aircraft separation; and
‘‘(D) trained personnel with specific technical capabili-
ties to satisfy the operational, engineering, management,
and planning requirements for air traffic control.’’.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.
(a) AVIATION MANAGEMENT ADVISORY COUNCIL.—
(1) MEMBERSHIP.—Section 106(p)(2) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (B);
and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) 10 members representing aviation interests,
appointed by—
H. R. 1000—56
‘‘(i) in the case of initial appointments to the
Council, the President by and with the advice and
consent of the Senate; and
‘‘(ii) in the case of subsequent appointments to
the Council, the Secretary of Transportation;
‘‘(D) 1 member appointed, from among individuals who
are the leaders of their respective unions of air traffic
control system employees, by—
‘‘(i) in the case of initial appointments to the
Council, the President by and with the advice and
consent of the Senate; and
‘‘(ii) in the case of subsequent appointments to
the Council, the Secretary of Transportation; and
‘‘(E) 5 members appointed by the Secretary after con-
sultation with the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.’’.
(2) QUALIFICATIONS.—Section 106(p)(3) is amended—
(A) by inserting ‘‘(A) NO
FEDERAL
OFFICER
OR
EMPLOYEE.—’’ before ‘‘No member’’;
(B) by inserting ‘‘or (2)(E)’’ after ‘‘paragraph (2)(C)’’;
(C) by adding at the end the following:
‘‘(B) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Members
appointed under paragraph (2)(E) shall—
‘‘(i) have a fiduciary responsibility to represent
the public interest;
‘‘(ii) be citizens of the United States; and
‘‘(iii) be appointed without regard to political affili-
ation and solely on the basis of their professional
experience and expertise in one or more of the following
areas:
‘‘(I) Management of large service organiza-
tions.
‘‘(II) Customer service.
‘‘(III) Management of large procurements.
‘‘(IV) Information and communications tech-
nology.
‘‘(V) Organizational development.
‘‘(VI) Labor relations.
At least one of such members should have a background
in managing large organizations successfully. In the aggre-
gate, such members should collectively bring to bear exper-
tise in all of the areas described in subclauses (I) through
(VI).
‘‘(C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE.—
No member appointed under paragraph (2)(E) may—
‘‘(i) have a pecuniary interest in, or own stock
in or bonds of, an aviation or aeronautical enterprise,
except an interest in a diversified mutual fund or an
interest that is exempt from the application of section
208 of title 18;
‘‘(ii) engage in another business related to aviation
or aeronautics; or
‘‘(iii) be a member of any organization that
engages, as a substantial part of its activities, in activi-
ties to influence aviation-related legislation.’’; and
H. R. 1000—57
(D) by indenting subparagraph (A) (as designated by
subparagraph (A) of this paragraph) and aligning it with
subparagraph (B) of such section (as added by subpara-
graph (C) of this paragraph).
(b) TERMS OF MEMBERS.—Section 106(p)(6) is amended—
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (J), (K), and (L), respectively; and
(2) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) TERMS OF MEMBERS APPOINTED UNDER PARAGRAPH
(2)(C).—Members of the Council appointed under paragraph
(2)(C) shall be appointed for a term of 3 years. Of the
members first appointed by the President under paragraph
(2)(C)—
‘‘(i) 3 shall be appointed for terms of 1 year;
‘‘(ii) 4 shall be appointed for terms of 2 years;
and
‘‘(iii) 3 shall be appointed for terms of 3 years.
‘‘(B) TERM
FOR
AIR
TRAFFIC
CONTROL
REPRESENTA-
TIVE.—The member appointed under paragraph (2)(D) shall
be appointed for a term of 3 years, except that the term
of such individual shall end whenever the individual no
longer meets the requirements of paragraph (2)(D).
‘‘(C) TERMS FOR AIR TRAFFIC SERVICES SUBCOMMITTEE
MEMBERS.—The member appointed under paragraph (2)(E)
shall be appointed for a term of 5 years, except that of
the members first appointed under paragraph (2)(E)—
‘‘(i) 2 members shall be appointed for a term of
3 years;
‘‘(ii) 2 members shall be appointed for a term of
4 years; and
‘‘(iii) 1 member shall be appointed for a term of
5 years.
‘‘(D) REAPPOINTMENT.—An individual may not be
appointed under paragraph (2)(E) to more than two 5-
year terms.
‘‘(E) VACANCY.—Any vacancy on the Council shall be
filled in the same manner as the original appointment,
except that any vacancy caused by a member appointed
by the President under paragraph (2)(C)(i) shall be filled
by the Secretary in accordance with paragraph (2)(C)(ii).
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member’s prede-
cessor was appointed shall be appointed for the remainder
of that term.
‘‘(F) CONTINUATION IN OFFICE.—A member whose term
expires shall continue to serve until the date on which
the member’s successor takes office.
‘‘(G) REMOVAL.—Any member of the Council appointed
under paragraph (2)(D) may be removed for cause by the
President or Secretary whoever makes the appointment.
Any member of the Council appointed under paragraph
(2)(E) may be removed for cause by the Secretary.
‘‘(H) CLAIMS AGAINST MEMBERS OF SUBCOMMITTEE.—
‘‘(i) IN GENERAL.—A member appointed under para-
graph (2)(E) shall have no personal liability under
Federal law with respect to any claim arising out of
H. R. 1000—58
or resulting from an act or omission by such member
within the scope of service as a member of the Air
Traffic Services Subcommittee.
‘‘(ii) EFFECT ON OTHER LAW.—This subparagraph
shall not be construed—
‘‘(I) to affect any other immunity or protection
that may be available to a member of the Sub-
committee under applicable law with respect to
such transactions;
‘‘(II) to affect any other right or remedy against
the United States under applicable law; or
‘‘(III) to limit or alter in any way the immuni-
ties that are available under applicable law for
Federal officers and employees.
‘‘(I) ETHICAL CONSIDERATIONS.—
‘‘(i) FINANCIAL
DISCLOSURE.—During the entire
period that an individual appointed under paragraph
(2)(E) is a member of the Subcommittee, such indi-
vidual shall be treated as serving as an officer or
employee referred to in section 101(f ) of the Ethics
in Government Act of 1978 for purposes of title I of
such Act; except that section 101(d) of such Act shall
apply without regard to the number of days of service
in the position.
‘‘(ii) RESTRICTIONS
ON
POST-EMPLOYMENT.—For
purposes of section 207(c) of title 18, an individual
appointed under paragraph (2)(E) shall be treated as
an employee referred to in section 207(c)(2)(A)(i) of
such title during the entire period the individual is
a member of the Subcommittee; except that subsections
(c)(2)(B) and (f ) of section 207 of such title shall not
apply.’’.
(c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section 106(p) is
amended by adding at the end the following:
‘‘(7) AIR TRAFFIC SERVICES SUBCOMMITTEE.—
‘‘(A) IN GENERAL.—The Management Advisory Council
shall have an air traffic services subcommittee (in this
paragraph referred to as the ‘Subcommittee’) composed of
the five members appointed under paragraph (2)(E).
‘‘(B) GENERAL RESPONSIBILITIES.—
‘‘(i) OVERSIGHT.—The Subcommittee shall oversee
the administration, management, conduct, direction,
and supervision of the air traffic control system.
‘‘(ii) CONFIDENTIALITY.—The Subcommittee shall
ensure that appropriate confidentiality is maintained
in the exercise of its duties.
‘‘(C) SPECIFIC
RESPONSIBILITIES.—The Subcommittee
shall have the following specific responsibilities:
‘‘(i) STRATEGIC
PLANS.—To review, approve, and
monitor the strategic plan for the air traffic control
system, including the establishment of—
‘‘(I) a mission and objectives;
‘‘(II) standards of performance relative to such
mission and objectives, including safety, efficiency,
and productivity; and
‘‘(III) annual and long-range strategic plans.
H. R. 1000—59
‘‘(ii) 
MODERNIZATION
AND
IMPROVEMENT.—To
review and approve—
‘‘(I) methods to accelerate air traffic control
modernization and improvements in aviation
safety related to air traffic control; and
‘‘(II) procurements of air traffic control equip-
ment in excess of $100,000,000.
‘‘(iii) OPERATIONAL
PLANS.—To review the oper-
ational functions of the air traffic control system,
including—
‘‘(I) plans for modernization of the air traffic
control system;
‘‘(II) plans for increasing productivity or imple-
menting cost-saving measures; and
‘‘(III) plans for training and education.
‘‘(iv) MANAGEMENT.—To—
‘‘(I) review and approve the Administrator’s
appointment of a Chief Operating Officer under
section 106(r);
‘‘(II) review the Administrator’s selection,
evaluation, and compensation of senior executives
of the Administration who have program manage-
ment responsibility over significant functions of
the air traffic control system;
‘‘(III) review and approve the Administrator’s
plans for any major reorganization of the Adminis-
tration that would impact on the management of
the air traffic control system;
‘‘(IV) review and approve the Administrator’s
cost accounting and financial management struc-
ture and technologies to help ensure efficient and
cost-effective air traffic control operation; and
‘‘(V) review the performance and compensation
of managers responsible for major acquisition
projects, including the ability of the managers to
meet schedule and budget targets.
‘‘(v) BUDGET.—To—
‘‘(I) review and approve the budget request
of the Administration related to the air traffic
control system prepared by the Administrator;
‘‘(II) submit such budget request to the Sec-
retary; and
‘‘(III) ensure that the budget request supports
the annual and long-range strategic plans.
The Secretary shall submit the budget request referred
to in clause (v)(II) for any fiscal year to the President
who shall transmit such request, without revision, to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, together with the President’s
annual budget request for the Federal Aviation Administra-
tion for such fiscal year.
‘‘(D) SUBCOMMITTEE PERSONNEL MATTERS.—
‘‘(i) COMPENSATION OF MEMBERS.—Each member
of the Subcommittee shall be compensated at a rate
of $25,000 per year.
H. R. 1000—60
‘‘(ii) COMPENSATION
OF
CHAIRPERSON.—Notwith-
standing clause (i), the chairperson of the Sub-
committee shall be compensated at a rate of $40,000
per year.
‘‘(iii) STAFF.—The chairperson of the Subcommittee
may appoint and terminate any personnel that may
be necessary to enable the Subcommittee to perform
its duties.
‘‘(iv) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairperson of the Subcommittee
may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
‘‘(E) ADMINISTRATIVE MATTERS.—
‘‘(i) TERM OF CHAIR.—The members of the Sub-
committee shall elect for a 2-year term a chairperson
from among the members of the Subcommittee.
‘‘(ii) POWERS OF CHAIR.—Except as otherwise pro-
vided by a majority vote of the Subcommittee, the
powers of the chairperson shall include—
‘‘(I) establishing committees;
‘‘(II) setting meeting places and times;
‘‘(III) establishing meeting agendas; and
‘‘(IV) developing rules for the conduct of busi-
ness.
‘‘(iii) MEETINGS.—The Subcommittee shall meet at
least quarterly and at such other times as the chair-
person determines appropriate.
‘‘(iv) QUORUM.—Three members of the Sub-
committee shall constitute a quorum. A majority of
members present and voting shall be required for the
Subcommittee to take action.
‘‘(F) REPORTS.—
‘‘(i) ANNUAL.—The Subcommittee shall each year
report with respect to the conduct of its responsibilities
under this title to the Administrator, the Council, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate.
‘‘(ii) ADDITIONAL REPORT.—If a determination by
the Subcommittee under subparagraph (B)(i) that the
organization and operation of the air traffic control
system are not allowing the Administration to carry
out its mission, the Subcommittee shall report such
determination to the Administrator, the Council, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate.
‘‘(iii) ACTION OF ADMINISTRATOR ON REPORT.—Not
later than 60 days after the date of a report of the
Subcommittee under this subparagraph, the Adminis-
trator shall take action with respect to such report.
If the Administrator overturns a recommendation of
the Subcommittee, the Administrator shall report such
action to the President, the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives, and the Committee on Commerce, Science, and
Transportation of the Senate.
H. R. 1000—61
‘‘(iv) COMPTROLLER GENERAL’S REPORT.—Not later
than April 30, 2003, the Comptroller General of the
United States shall transmit to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the suc-
cess of the Subcommittee in improving the performance
of the air traffic control system.
‘‘(8) AIR TRAFFIC CONTROL SYSTEM DEFINED.—In this sec-
tion, the term ‘air traffic control system’ has the meaning
such term has under section 40102(a).’’.
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) INITIAL
NOMINATIONS
TO
AIR
TRAFFIC
SERVICES
SUB-
COMMITTEE.—The Secretary shall make the initial appoint-
ments of the Air Traffic Services Subcommittee of the Aviation
Management Advisory Council not later than 3 months after
the date of the enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUB-
COMMITTEE.—Nothing in this section shall be construed to
invalidate the actions and authority of the Federal Aviation
Administration prior to the appointment of the members of
the Air Traffic Services Subcommittee.
SEC. 303. CHIEF OPERATING OFFICER.
Section 106 is amended by adding at the end the following:
‘‘(r) CHIEF OPERATING OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a Chief Operating
Officer for the air traffic control system to be appointed
by the Administrator, with the approval of the Air Traffic
Services Subcommittee of the Aviation Management
Advisory Council. The Chief Operating Officer shall report
directly to the Administrator and shall be subject to the
authority of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief Operating Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation.
‘‘(C) TERM.—The Chief Operating Officer shall be
appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief Operating Officer shall
serve at the pleasure of the Administrator, except that
the Administrator shall make every effort to ensure sta-
bility and continuity in the leadership of the air traffic
control system.
‘‘(E) VACANCY.—Any individual appointed to fill a
vacancy in the position of Chief Operating Officer occurring
before the expiration of the term for which the individual’s
predecessor was appointed shall be appointed for the
remainder of that term.
‘‘(2) COMPENSATION.—
‘‘(A) IN GENERAL.—The Chief Operating Officer shall
be paid at an annual rate of basic pay equal to the annual
rate of basic pay of the Administrator. The Chief Operating
Officer shall be subject to the post-employment provisions
H. R. 1000—62
of section 207 of title 18 as if this position were described
in section 207(c)(2)(A)(i) of that title.
‘‘(B) BONUS.—In addition to the annual rate of basic
pay authorized by subparagraph (A), the Chief Operating
Officer may receive a bonus for any calendar year not
to exceed 30 percent of the annual rate of basic pay, based
upon the Administrator’s evaluation of the Chief Operating
Officer’s performance in relation to the performance goals
set forth in the performance agreement described para-
graph (3).
‘‘(3) ANNUAL
PERFORMANCE
AGREEMENT.—The Adminis-
trator and the Chief Operating Officer, in consultation with
the Air Traffic Control Subcommittee of the Aviation Manage-
ment Advisory Committee, shall enter into an annual perform-
ance agreement that sets forth measurable organization and
individual goals for the Chief Operating Officer in key oper-
ational areas. The agreement shall be subject to review and
renegotiation on an annual basis.
‘‘(4) ANNUAL PERFORMANCE REPORT.—The Chief Operating
Officer shall prepare and transmit to the Secretary of Transpor-
tation and Congress an annual management report containing
such information as may be prescribed by the Secretary.
‘‘(5) RESPONSIBILITIES.—The Administrator may delegate
to the Chief Operating Officer, or any other authority within
the Administration responsibilities, including the following:
‘‘(A) STRATEGIC PLANS.—To develop a strategic plan
of the Administration for the air traffic control system,
including the establishment of—
‘‘(i) a mission and objectives;
‘‘(ii) standards of performance relative to such mis-
sion and objectives, including safety, efficiency, and
productivity;
‘‘(iii) annual and long-range strategic plans; and
‘‘(iv) methods of the Administration to accelerate
air traffic control modernization and improvements in
aviation safety related to air traffic control.
‘‘(B) OPERATIONS.—To review the operational functions
of the Administration, including—
‘‘(i) modernization of the air traffic control system;
‘‘(ii) increasing productivity or implementing cost-
saving measures; and
‘‘(iii) training and education.
‘‘(C) BUDGET.—To—
‘‘(i) develop a budget request of the Administration
related to the air traffic control system prepared by
the Administrator;
‘‘(ii) submit such budget request to the Adminis-
trator and the Secretary of Transportation; and
‘‘(iii) ensure that the budget request supports the
annual and long-range strategic plans developed under
subparagraph (A) of this subsection.’’.
SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC
MODERNIZATION PROJECTS.
(a) PURPOSE.—It is the purpose of this section to improve avia-
tion safety and enhance mobility of the Nation’s air transportation
H. R. 1000—63
system by encouraging non-Federal investment on a pilot program
basis in critical air traffic control facilities and equipment.
(b) IN GENERAL.—Subject to the requirements of this section,
the Secretary shall carry out a pilot program under which the
Secretary may make grants to project sponsors for not more than
10 eligible projects.
(c) FEDERAL SHARE.—The Federal share of the cost of an eligible
project carried out under the program shall not exceed 33 percent.
The non-Federal share of the cost of an eligible project shall be
provided from non-Federal sources, including revenues collected
pursuant to section 40117 of title 49, United States Code.
(d) LIMITATION ON GRANT AMOUNTS.—No eligible project may
receive more than $15,000,000 under the program.
(e) FUNDING.—The Secretary shall use amounts appropriated
under section 48101(a) of title 49, United States Code, for fiscal
years 2001 through 2003 to carry out the program.
(f ) DEFINITIONS.—In this section, the following definitions
apply:
(1) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project relating to the Nation’s air traffic control system
that is certified or approved by the Administrator and that
promotes safety, efficiency, or mobility. Such projects may
include—
(A) airport-specific air traffic facilities and equipment,
including local area augmentation systems, instrument
landings systems, weather and wind shear detection equip-
ment, lighting improvements, and control towers;
(B) automation tools to effect improvements in airport
capacity, including passive final approach spacing tools
and traffic management advisory equipment; and
(C) facilities and equipment that enhance airspace con-
trol procedures, including consolidation of terminal radar
control facilities and equipment, or assist in en route
surveillance, including oceanic and offshore flight tracking.
(2) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means
a public-use airport or a joint venture between a public-use
airport and one or more air carriers.
(g) TRANSFERS
OF EQUIPMENT.—Notwithstanding any other
provision of law, project sponsors may transfer, without consider-
ation, to the Federal Aviation Administration, facilities, equipment,
and automation tools, the purchase of which was assisted by a
grant made under this section. The Administration shall accept
such facilities, equipment, and automation tools, which shall there-
after be operated and maintained by the Administration in accord-
ance with criteria of the Administration.
(h) GUIDELINES.—Not later than 90 days after the date of
the enactment of this Act, the Administrator shall issue advisory
guidelines on the implementation of the program.
SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.
Section 106(f )(3)(B)(i) is amended—
(1) by striking ‘‘$100,000,000’’ each place it appears and
inserting ‘‘$250,000,000’’;
(2) by striking ‘‘Air Traffic Management System Perform-
ance Improvement Act of 1996’’ and inserting ‘‘Wendell H.
Ford Aviation Investment and Reform Act for the 21st Cen-
tury’’;
H. R. 1000—64
(3) in subclause (I)—
(A) by inserting ‘‘substantial and’’ before ‘‘material’’;
and
(B) by inserting ‘‘or’’ after the semicolon at the end;
and
(4) by striking subclauses (II), (III), and (IV) and inserting
the following:
‘‘(II) raise novel or significant legal or policy issues
arising out of legal mandates that may substantially
and materially affect other transportation modes.’’.
SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f )(3)(A) is amended by adding at the end the fol-
lowing: ‘‘On February 1 and August 1 of each year the Administrator
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a letter listing each
deadline the Administrator missed under this subparagraph during
the 6-month period ending on such date, including an explanation
for missing the deadline and a projected date on which the action
that was subject to the deadline will be taken.’’.
SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.
(a) PERSONNEL
MANAGEMENT
SYSTEM.—Section 40122 is
amended by adding at the end the following:
‘‘(g) PERSONNEL MANAGEMENT SYSTEM.—
‘‘(1) IN GENERAL.—In consultation with the employees of
the Administration and such non-governmental experts in per-
sonnel management systems as he may employ, and notwith-
standing the provisions of title 5 and other Federal personnel
laws, the Administrator shall develop and implement, not later
than January 1, 1996, a personnel management system for
the Administration that addresses the unique demands on the
agency’s workforce. Such a new system shall, at a minimum,
provide for greater flexibility in the hiring, training, compensa-
tion, and location of personnel.
‘‘(2) APPLICABILITY OF TITLE 5.—The provisions of title 5
shall not apply to the new personnel management system devel-
oped and implemented pursuant to paragraph (1), with the
exception of—
‘‘(A) section 2302(b), relating to whistleblower protec-
tion, including the provisions for investigation and enforce-
ment as provided in chapter 12 of title 5;
‘‘(B) sections 3308–3320, relating to veterans’ pref-
erence;
‘‘(C) chapter 71, relating to labor-management rela-
tions;
‘‘(D) section 7204, relating to antidiscrimination;
‘‘(E) chapter 73, relating to suitability, security, and
conduct;
‘‘(F) chapter 81, relating to compensation for work
injury;
‘‘(G) chapters 83–85, 87, and 89, relating to retirement,
unemployment compensation, and insurance coverage; and
‘‘(H) sections 1204, 1211–1218, 1221, and 7701–7703,
relating to the Merit Systems Protection Board.
‘‘(3) APPEALS
TO
MERIT
SYSTEMS
PROTECTION
BOARD.—
Under the new personnel management system developed and
H. R. 1000—65
implemented under paragraph (1), an employee of the Adminis-
tration may submit an appeal to the Merit Systems Protection
Board and may seek judicial review of any resulting final
orders or decisions of the Board from any action that was
appealable to the Board under any law, rule, or regulation
as of March 31, 1996.
‘‘(4) EFFECTIVE
DATE.—This subsection shall take effect
on April 1, 1996.’’.
(b) ACQUISITION
MANAGEMENT
SYSTEM.—Section 40110 is
amended by adding at the end the following:
‘‘(d) ACQUISITION MANAGEMENT SYSTEM.—
‘‘(1) IN GENERAL.—In consultation with such non-govern-
mental experts in acquisition management systems as the
Administrator may employ, and notwithstanding provisions of
Federal acquisition law, the Administrator shall develop and
implement, not later than January 1, 1996, an acquisition
management system for the Administration that addresses the
unique needs of the agency and, at a minimum, provides for
more timely and cost-effective acquisitions of equipment and
materials.
‘‘(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The fol-
lowing provisions of Federal acquisition law shall not apply
to the new acquisition management system developed and
implemented pursuant to paragraph (1):
‘‘(A) Title III of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 252–266).
‘‘(B) The Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.).
‘‘(C) The Federal Acquisition Streamlining Act of 1994
(Public Law 103–355).
‘‘(D) The Small Business Act (15 U.S.C. 631 et seq.),
except that all reasonable opportunities to be awarded
contracts shall be provided to small business concerns and
small business concerns owned and controlled by socially
and economically disadvantaged individuals.
‘‘(E) The Competition in Contracting Act.
‘‘(F) Subchapter V of chapter 35 of title 31, relating
to the procurement protest system.
‘‘(G) The Brooks Automatic Data Processing Act (40
U.S.C. 759).
‘‘(H) The Federal Acquisition Regulation and any laws
not listed in subparagraphs (A) through (G) providing
authority to promulgate regulations in the Federal Acquisi-
tion Regulation.
‘‘(3) CERTAIN
PROVISIONS
OF
THE
OFFICE
OF
FEDERAL
PROCUREMENT POLICY ACT.—Notwithstanding paragraph (2)(B),
section 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) shall apply to the new acquisition management
system developed and implemented under paragraph (1) with
the following modifications:
‘‘(A) Subsections (f ) and (g) shall not apply.
‘‘(B) Within 90 days after the date of the enactment
of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century, the Administrator shall adopt
definitions for the acquisition management system that
are consistent with the purpose and intent of the Office
of Federal Procurement Policy Act.
H. R. 1000—66
‘‘(C) After the adoption of those definitions, the
criminal, civil, and administrative remedies provided under
the Office of Federal Procurement Policy Act apply to the
acquisition management system.
‘‘(D) In the administration of the acquisition manage-
ment system, the Administrator may take adverse per-
sonnel action under section 27(e)(3)(A)(iv) of the Office
of Federal Procurement Policy Act in accordance with the
procedures contained in the Administration’s personnel
management system.
‘‘(4) EFFECTIVE
DATE.—This subsection shall take effect
on April 1, 1996.’’.
(c) CONFORMING AMENDMENTS.—
(1) SECTION 106.—Section 106(l)(1) is amended by striking
‘‘section 40122(a) of this title and section 347 of Public Law
104–50’’ and inserting ‘‘subsections (a) and (g) of section 40122’’.
(2) SECTION
40121.—Section 40121(c)(2) is amended by
striking ‘‘section 348(b) of Public Law 104–50’’ and inserting
‘‘section 40110(d)(2) of this title’’.
(3) FEDERAL AVIATION REAUTHORIZATION ACT OF 1996.—Sec-
tion 274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization
Act of 1996 (49 U.S.C. 40101 note) is amended by striking
‘‘sections 347 and 348 of Public Law 104–50’’ and inserting
‘‘sections 40110(d) and 40122(g) of title 49, United States Code’’.
(d) REPEAL.—Sections 347 and 348 of Public Law 104–50 (109
Stat. 460–461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are
repealed.
SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.
(a) MEDIATION.—Section 40122(a)(2) is amended by adding at
the end the following: ‘‘The 60-day period shall not include any
period during which Congress has adjourned sine die.’’.
(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—Section
40122 (as amended by section 307(a) of this Act) is further amended
by adding at the end the following:
‘‘(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—An
employee of the Federal Aviation Administration who is the subject
of a major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable to
the employee as a member of the collective bargaining unit or
through the Administration’s internal process relating to review
of major adverse personnel actions of the Administration, known
as Guaranteed Fair Treatment, or under section 40122(g)(3).
‘‘(i) ELECTION OF FORUM.—Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the Federal
Aviation Administration’s internal process, or that of the Merit
Systems Protection Board), an employee must elect the forum
through which the matter will be contested. Nothing in this section
is intended to allow an employee to contest an action through
more than one forum unless otherwise allowed by law.
‘‘( j) DEFINITION.—In this section, the term ‘major adverse per-
sonnel action’ means a suspension of more than 14 days, a reduction
in pay or grade, a removal for conduct or performance, a nondiscipli-
nary removal, a furlough of 30 days or less (but not including
placement in a nonpay status as the result of a lapse of appropria-
tions or an enactment by Congress), or a reduction in force action.’’.
H. R. 1000—67
SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.
(a) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—The Inspector General of the Department
of Transportation shall conduct the assessments described in
this section. To conduct the assessments, the Inspector General
may use the staff and resources of the Inspector General or
contract with one or more independent entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA COST
DATA AND ATTRIBUTIONS.—
(A) IN GENERAL.—The Inspector General shall conduct
an assessment to ensure that the method for calculating
the overall costs of the Federal Aviation Administration
and attributing such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the assessment under
this paragraph, the Inspector General shall assess the fol-
lowing:
(i) The Administration’s cost input data, including
the reliability of the Administration’s source documents
and the integrity and reliability of the Administration’s
data collection process.
(ii) The Administration’s system for tracking
assets.
(iii) The Administration’s bases for establishing
asset values and depreciation rates.
(iv) The Administration’s system of internal con-
trols for ensuring the consistency and reliability of
reported data.
(v) The Administration’s definition of the services
to which the Administration ultimately attributes its
costs.
(vi) The cost pools used by the Administration
and the rationale for and reliability of the bases which
the Administration proposes to use in allocating costs
of services to users.
(C) REQUIREMENTS FOR ASSESSMENT OF COST POOLS.—
In carrying out subparagraph (B)(vi), the Inspector General
shall—
(i) review costs that cannot reliably be attributed
to specific Administration services or activities (called
‘‘common and fixed costs’’ in the Administration Cost
Allocation Study) and consider alternative methods for
allocating such costs; and
(ii) perform appropriate tests to assess relation-
ships between costs in the various cost pools and activi-
ties and services to which the costs are attributed
by the Administration.
(3) COST EFFECTIVENESS.—
(A) IN GENERAL.—The Inspector General shall assess
the progress of the Administration in cost and performance
management, including use of internal and external
benchmarking in improving the performance and produc-
tivity of the Administration.
(B) ANNUAL REPORTS.—Not later than December 31,
2000, and annually thereafter until December 31, 2004,
the Inspector General shall transmit to Congress an
H. R. 1000—68
updated report containing the results of the assessment
conducted under this paragraph.
(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL
REPORT.—The Administrator shall include in the annual
financial report of the Administration information on the
performance of the Administration sufficient to permit
users and others to make an informed evaluation of the
progress of the Administration in increasing productivity.
(b) FUNDING.—There are authorized to be appropriated such
sums as may be necessary to carry out this section.
SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT
PROJECTS.
(a) STUDY.—The Secretary shall conduct a study of Federal
environmental requirements related to the planning and approval
of airport improvement projects.
(b) CONTENTS.—In conducting the study, the Secretary, at a
minimum, shall assess—
(1) the current level of coordination among Federal and
State agencies in conducting environmental reviews in the plan-
ning and approval of airport improvement projects;
(2) the role of public involvement in the planning and
approval of airport improvement projects;
(3) the staffing and other resources associated with con-
ducting such environmental reviews; and
(4) the time line for conducting such environmental reviews.
(c) CONSULTATION.—The Secretary shall conduct the study in
consultation with the Administrator, the heads of other appropriate
Federal departments and agencies, airport sponsors, the heads of
State aviation agencies, representatives of the design and construc-
tion industry, representatives of employee organizations, and rep-
resentatives of public interest groups.
(d) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate a report on the results of the study, together with
recommendations for streamlining, if appropriate, the environ-
mental review process in the planning and approval of airport
improvement projects.
SEC. 311. COST ALLOCATION SYSTEM.
(a) REPORT.—Not later than July 9, 2000, the Administrator
shall submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
cost allocation system currently under development by the Federal
Aviation Administration.
(b) CONTENTS.—The report shall include a specific date for
completion and implementation of the cost allocation system
throughout the Administration and shall also include the timetable
and plan for the implementation of a cost management system.
SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.
The Administrator shall report to Congress on plans to mod-
ernize the oceanic air traffic control system, including a budget
for the program, a determination of the requirements for moderniza-
tion, and, if necessary, a proposal to fund the program.
H. R. 1000—69
TITLE IV—FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY
BOARD.
(a) PROHIBITION ON UNSOLICITED COMMUNICATIONS.—
(1) IN GENERAL.—Section 1136(g)(2) is amended—
(A) 
by 
striking 
‘‘transportation,’’ 
and 
inserting
‘‘transportation and in the event of an accident involving
a foreign air carrier that occurs within the United States,’’;
(B) by inserting after ‘‘attorney’’ the following:
‘‘(including any associate, agent, employee, or other rep-
resentative of an 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
thereof may prevent the employees, agents, or volunteers of
an organization designated for an accident under subsection
(a)(2) from providing mental health and counseling services
under subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family 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 determines that the extension is necessary to meet
the needs of the families and if State and local authorities
are notified of the determination.’’.
(c) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSIST-
ANCE COVERAGE.—Section 1136(h)(2) is amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ includes—
‘‘(A) an employee of an air carrier or foreign 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 reservation for the flight.’’.
(d) STATUTORY CONSTRUCTION.—Section 1136 is amended by
adding at the end the following:
‘‘(i) 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 assist-
ance to the families of passengers involved in an aircraft accident.’’.
SEC. 402. AIR CARRIER PLANS.
(a) CONTENTS OF PLANS.—
(1) FLIGHT RESERVATION INFORMATION.—Section 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 involved in the accident.’’.
(2) TRAINING OF EMPLOYEES AND AGENTS.—Section 41113(b)
is further amended by adding at the end the following:
H. R. 1000—70
‘‘(15) An assurance that the air carrier will provide ade-
quate training to the employees and agents of the carrier to
meet the needs of survivors and family members following
an accident.’’.
(3) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY
PLAN.—Section 41113(b) is further amended by adding at the
end the following:
‘‘(16) An assurance that the air carrier, in the event that
the air carrier volunteers assistance to United States citizens
within the United States with respect to an aircraft accident
outside the United States involving major loss of life, the air
carrier will consult with the Board and the Department of
State on the provision of the assistance.’’.
(4) SUBMISSION
OF
UPDATED
PLANS.—The amendments
made by paragraphs (1), (2), and (3) shall take effect on the
180th day following the date of the enactment of this Act.
On or before such 180th day, each air carrier holding a certifi-
cate of public convenience and necessity under section 41102
of title 49, United States Code, shall submit to the Secretary
and the Chairman of the National Transportation Safety Board
an updated plan under section 41113 of such title that meets
the requirements of the amendments made by paragraphs (1),
(2), and (3).
(5) 
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 enactment of this section,
the Secretary’’ and inserting ‘‘The Secretary’’.
(b) LIMITATION
ON LIABILITY.—Section 41113(d) is amended
by inserting ‘‘, or in providing information concerning a preliminary
passenger manifest,’’ before ‘‘pursuant to a plan’’.
(c) STATUTORY CONSTRUCTION.—Section 41113 is amended by
adding at the end the following:
‘‘(f ) 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 assist-
ance to the families of passengers involved in an aircraft accident.’’.
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSIST-
ANCE 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.’’.
(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) TRAINING OF EMPLOYEES AND AGENTS.—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.
‘‘(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED
BY PLAN.—An assurance that the foreign air carrier, in the
H. R. 1000—71
event that the foreign air carrier volunteers assistance to
United States citizens within the United States with respect
to an aircraft accident outside the United States involving
major loss of life, the foreign air carrier will consult with
the Board and the Department of State on the provision of
the assistance.’’.
(2) SUBMISSION OF UPDATED PLANS.—The amendment made
by paragraph (1) shall take effect on the 180th day following
the date of the 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 and the Chairman of the National Transpor-
tation Safety Board an updated plan under section 41313 of
such title that meets the requirements of the amendment made
by paragraph (1).
SEC. 404. DEATH ON THE HIGH SEAS.
(a) RIGHT OF ACTION IN COMMERCIAL AVIATION ACCIDENTS.—
The first section of the Act of March 30, 1920 (46 U.S.C. App.
761; popularly known as the ‘‘Death on the High Seas Act’’) is
amended—
(1) by inserting ‘‘(a) subject to subsection (b),’’ before ‘‘when-
ever’’; and
(2) by adding at the end the following:
‘‘(b) In the case of a commercial aviation accident, whenever
the death of a person shall be caused by wrongful act, neglect,
or default occurring on the high seas 12 nautical miles or closer
to the shore of any State, or the District of Columbia, or the
Territories or dependencies of the United States, this Act shall
not apply and the rules applicable under Federal, State, and other
appropriate law shall apply.’’.
(b) COMPENSATION
IN COMMERCIAL AVIATION ACCIDENTS.—
Section 2 of such Act (46 U.S.C. App. 762) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘the recovery’’; and
(2) by adding at the end the following:
‘‘(b)(1) If the death resulted from a commercial aviation accident
occurring on the high seas beyond 12 nautical miles from the
shore of any State, or the District of Columbia, or the Territories
or dependencies of the United States, additional compensation for
nonpecuniary damages for wrongful death of a decedent is recover-
able. Punitive damages are not recoverable.
‘‘(2) In this subsection, the term ‘nonpecuniary damages’ means
damages for loss of care, comfort, and companionship.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply to any death occurring after July 16, 1996.
TITLE V—SAFETY
SEC. 501. AIRPLANE EMERGENCY LOCATORS.
(a) REQUIREMENT.—Section 44712 is amended—
(1) in subsection (b) by striking ‘‘Subsection (a) of this
section’’ and inserting ‘‘Prior to January 1, 2002, subsection
(a)’’;
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
‘‘(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2002.—