H. R. 3539—27
(8) The Administration issues more than 655,000 pilot’s
licenses and more than 560,000 nonpilot’s licenses (including
mechanics).
(9) The Administration’s certification means that the
product meets world-wide recognized standards of safety and
reliability.
(10) The Administration’s certification means aviation-
related equipment and services meet world-wide recognized
standards.
(11) The Administration’s certification is recognized by
governments and businesses throughout the world and as such
may be a valuable element for any company desiring to sell
aviation-related products throughout the world.
(12) The Administration’s certification may constitute a
valuable license, franchise, privilege or benefits for the holders.
(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air
traffic control system. The Administration’s design, acceptance,
commissioning, or certification of such equipment enables the
private sector to market those products around the world, and
as such confers a benefit on the manufacturer.
(14) The Administration provides extensive services to
public use aircraft.
SEC. 272. PURPOSES.
The purposes of this subtitle are—
(1) to provide a financial structure for the Administration
so that it will be able to support the future growth in the
national aviation and airport system;
(2) to review existing and alternative funding options,
including incentive-based fees for services, and establish a pro-
gram to improve air traffic management system performance
and to establish appropriate levels of cost accountability for
air traffic management services provided by the Administration;
(3) to ensure that any funding will be dedicated solely
for the use of the Administration;
(4) to authorize the Administration to recover the costs
of its services from those who benefit from, but do not contribute
to, the national aviation system and the services provided by
the Administration;
(5) to consider a fee system based on the cost or value
of the services provided and other funding alternatives;
(6) to develop funding options for Congress in order to
provide for the long-term efficient and cost-effective support
of the Administration and the aviation system; and
(7) to achieve a more efficient and effective Administration
for the benefit of the aviation transportation industry.
SEC. 273. USER FEES FOR VARIOUS FEDERAL AVIATION ADMINISTRA-
TION SERVICES.
(a) IN GENERAL.—Chapter 453 is amended by striking section
45301 and inserting the following:
‘‘§ 45301. General provisions
‘‘(a) SCHEDULE
OF FEES.—The Administrator shall establish
a schedule of new fees, and a collection process for such fees,
for the following services provided by the Administration:
H. R. 3539—28
‘‘(1) Air traffic control and related services provided to
aircraft other than military and civilian aircraft of the United
States government or of a foreign government that neither
take off from, nor land in, the United States.
‘‘(2) Services (other than air traffic control services)
provided to a foreign government.
‘‘(b) LIMITATIONS.—
‘‘(1) AUTHORIZATION
AND
IMPACT
CONSIDERATIONS.—In
establishing fees under subsection (a), the Administrator—
‘‘(A) is authorized to recover in fiscal year 1997
$100,000,000; and
‘‘(B) shall ensure that each of the fees required by
subsection (a) is directly related to the Administration’s
costs of providing the service rendered. Services for which
costs may be recovered include the costs of air traffic con-
trol, navigation, weather services, training and emergency
services which are available to facilitate safe transportation
over the United States, and other services provided by
the Administrator or by programs financed by the Adminis-
trator to flights that neither take off nor land in the United
States.
‘‘(2) PUBLICATION; COMMENT.—The Administrator shall pub-
lish in the Federal Register an initial fee schedule and associ-
ated collection process as an interim final rule, pursuant to
which public comment will be sought and a final rule issued.
‘‘(c) USE OF EXPERTS AND CONSULTANTS.—In developing the
system, the Administrator may consult with such nongovernmental
experts as the Administrator may employ and the Administrator
may utilize the services of experts and consultants under section
3109 of title 5 without regard to the limitation imposed by the
last sentence of section 3109(b) of such title, and may contract
on a sole source basis, notwithstanding any other provision of
law to the contrary. Notwithstanding any other provision of law
to the contrary, the Administrator may retain such experts under
a contract awarded on a basis other than a competitive basis
and without regard to any such provisions requiring competitive
bidding or precluding sole source contract authority.’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
453 is amended by striking the item relating to section 45301
and inserting the following:
‘‘45301. General provisions.’’.
SEC. 274. INDEPENDENT ASSESSMENT OF FAA FINANCIAL REQUIRE-
MENTS; ESTABLISHMENT OF NATIONAL CIVIL AVIATION
REVIEW COMMISSION.
(a) INDEPENDENT ASSESSMENT.—
(1) INITIATION.—Not later than 30 days after the date of
the enactment of this Act, the Administrator shall contract
with an entity independent of the Administration and the
Department of Transportation to conduct a complete independ-
ent assessment of the financial requirements of the Administra-
tion through the year 2002.
(2) ASSESSMENT CRITERIA.—The Administrator shall pro-
vide to the independent entity estimates of the financial
requirements of the Administration for the period described
in paragraph (1), using as a base the fiscal year 1997 appropria-
tion levels established by Congress. The independent assess-
H. R. 3539—29
ment shall be based on an objective analysis of agency funding
needs.
(3) CERTAIN FACTORS TO BE TAKEN INTO ACCOUNT.—The
independent assessment shall take into account all relevant
factors, including—
(A) anticipated air traffic forecasts;
(B) other workload measures;
(C) estimated productivity gains, if any, which
contribute to budgetary requirements;
(D) the need for programs; and
(E) the need to provide for continued improvements
in all facets of aviation safety, along with operational
improvements in air traffic control.
(4) COST ALLOCATION.—The independent assessment shall
also assess the costs to the Administration occasioned by the
provision of services to each segment of the aviation system.
(5) DEADLINE.—The independent assessment shall be com-
pleted no later than 90 days after the contract is awarded,
and shall be submitted to the Commission established under
subsection (b), the Secretary, the Secretary of the Treasury,
the Committee on Commerce, Science, and Transportation and
the Committee on Finance of the Senate, and the Committee
on Transportation and Infrastructure and the Committee on
Ways and Means of the House of Representatives.
(b) NATIONAL CIVIL AVIATION REVIEW COMMISSION.—
(1) ESTABLISHMENT.—There is established a commission
to be known as the National Civil Aviation Review Commission
(hereinafter in this section referred to as the ‘‘Commission’’).
(2) MEMBERSHIP.—The Commission shall consist of 21
members to be appointed as follows:
(A) 13 members to be appointed by the Secretary,
in consultation with the Secretary of the Treasury, from
among individuals who have expertise in the aviation
industry and who are able, collectively, to represent a
balanced view of the issues important to general aviation,
major air carriers, air cargo carriers, regional air carriers,
business aviation, airports, aircraft manufacturers, the
financial community, aviation industry workers, and airline
passengers. At least one member appointed under this
subparagraph shall have detailed knowledge of the congres-
sional budgetary process.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) Two members appointed by the minority leader
of the House of Representatives.
(D) Two members appointed by the majority leader
of the Senate.
(E) Two members appointed by the minority leader
of the Senate.
(3) TASK FORCES.—The Commission shall establish an avia-
tion funding task force and an aviation safety task force to
carry out the responsibilities of the Commission under this
subsection.
(4) FIRST MEETING.—The Commission may conduct its first
meeting as soon as a majority of the members of the Commis-
sion are appointed.
(5) HEARINGS AND CONSULTATION.—
H. R. 3539—30
(A) HEARINGS.—The Commission shall take such testi-
mony and solicit and receive such comments from the public
and other interested parties as it considers appropriate,
shall conduct 2 public hearings after affording adequate
notice to the public thereof, and may conduct such addi-
tional hearings as may be necessary.
(B) CONSULTATION.—The Commission shall consult on
a regular and frequent basis with the Secretary, the Sec-
retary of the Treasury, the Committee on Commerce,
Science, and Transportation and the Committee on Finance
of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means
of the House of Representatives.
(C) FACA NOT TO APPLY.—The Commission shall not
be considered an advisory committee for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).
(6) DUTIES OF AVIATION FUNDING TASK FORCE.—
(A) REPORT TO SECRETARY.—
(i) IN GENERAL.—The aviation funding task force
established pursuant to paragraph (3) shall submit
a report setting forth a comprehensive analysis of the
Administration’s budgetary requirements through fis-
cal year 2002, based upon the independent assessment
under subsection (a), that analyzes alternative financ-
ing and funding means for meeting the needs of the
aviation system through the year 2002. The task force
shall submit a preliminary report of that analysis to
the Secretary not later than 6 months after the
independent assessment is completed under subsection
(a). The Secretary shall provide comments on the
preliminary report to the task force within 30 days
after receiving the report. The task force shall issue
a final report of such comprehensive analysis within
30 days after receiving the Secretary’s comments on
its preliminary report.
(ii) CONTENTS.—The report submitted by the
aviation funding task force under clause (i)—
(I) shall consider the independent assessment
under subsection (a);
(II) shall consider estimated cost savings, if
any, resulting from the procurement and personnel
reforms included in this Act or in sections 347
and 348 of Public Law 104–50, and additional
financial initiatives;
(III) shall include specific recommendations to
Congress on how the Administration can reduce
costs, raise additional revenue for the support of
agency operations, and accelerate modernization
efforts; and
(IV) shall include a draft bill containing the
changes in law necessary to implement its
recommendations.
(B) RECOMMENDATIONS.—The aviation funding task
force shall make such recommendations under subpara-
graph (A)(ii)(III) as the task force deems appropriate. Those
recommendations may include—