H. R. 3539—43
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
if evidence establishes beyond a clear and reasonable doubt that
any act of hostility towards any United States citizen was an
act of international terrorism sponsored, organized, condoned, or
directed by any nation, a state of war should be considered to
exist or to have existed between the United States and that nation,
beginning as of the moment that the act of aggression occurs.
TITLE IV—AVIATION SAFETY
SEC. 401. ELIMINATION OF DUAL MANDATE.
(a) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—
(1) SAFETY
AS
HIGHEST
PRIORITY.—Section 40101(d) is
amended—
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2), as so redesig-
nated, the following:
‘‘(1) assigning, maintaining, and enhancing safety and secu-
rity as the highest priorities in air commerce.’’.
(2) ELIMINATION OF PROMOTION.—Section 40101(d) is fur-
ther amended—
(A) in paragraph (2), as redesignated by paragraph
(1)(A) of this subsection, by striking ‘‘its development and’’;
and
(B) in paragraph (3), as so redesignated—
(i) by striking ‘‘promoting, encouraging,’’ and
inserting ‘‘encouraging’’; and
(ii) by inserting before the period at the end ‘‘,
including new aviation technology’’.
(b) FAA SAFETY MISSION.—
(1) IN GENERAL.—Section 40104 is amended—
(A) by inserting ‘‘safety of’’ before ‘‘air commerce’’
in the section heading;
(B) by inserting ‘‘SAFETY OF’’ before ‘‘AIR COMMERCE’’
in the heading of subsection (a); and
(C) by inserting ‘‘safety of’’ before ‘‘air commerce’’ in
subsection (a).
(2) CLERICAL AMENDMENT.—The table of sections for chap-
ter 401 is amended by striking the item relating to section
40104 and inserting the following:
‘‘40104. Promotion of civil aeronautics and safety of air commerce.’’.
SEC. 402. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.
(a) IN GENERAL.—Chapter 401, as amended by section 253
of this Act, is further amended by adding at the end the following:
‘‘§ 40123. Protection of voluntarily submitted information
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
neither the Administrator of the Federal Aviation Administration,
nor any agency receiving information from the Administrator, shall
disclose voluntarily-provided safety or security related information
if the Administrator finds that—
‘‘(1) the disclosure of the information would inhibit the
voluntary provision of that type of information and that the
H. R. 3539—44
receipt of that type of information aids in fulfilling the Adminis-
trator’s safety and security responsibilities; and
‘‘(2) withholding such information from disclosure would
be consistent with the Administrator’s safety and security
responsibilities.
‘‘(b) REGULATIONS.—The Administrator shall issue regulations
to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The table of sections for such
chapter is amended by adding at the end the following:
‘‘40123. Protection of voluntarily submitted information.’’.
SEC. 403. SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704 is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) SUPPLEMENTAL TYPE CERTIFICATES.—
‘‘(1) ISSUANCE.—The Administrator may issue a type certifi-
cate designated as a supplemental type certificate for a change
to an aircraft, aircraft engine, propeller, or appliance.
‘‘(2) CONTENTS.—A supplemental type certificate issued
under paragraph (1) shall consist of the change to the aircraft,
aircraft engine, propeller, or appliance with respect to the pre-
viously issued type certificate for the aircraft, aircraft engine,
propeller, or appliance.
‘‘(3) REQUIREMENT.—If the holder of a supplemental type
certificate agrees to permit another person to use the certificate
to modify an aircraft, aircraft engine, propeller, or appliance,
the holder shall provide the other person with written evidence,
in a form acceptable to the Administrator, of that agreement.
A person may change an aircraft, aircraft engine, propeller,
or appliance based on a supplemental type certificate only
if the person requesting the change is the holder of the supple-
mental type certificate or has permission from the holder to
make the change.’’.
SEC. 404. CERTIFICATION OF SMALL AIRPORTS.
(a) IN GENERAL.—Section 44706(a) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
‘‘(2) that is not located in the State of Alaska and serves
any scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less
than 31 passenger seats; and’’;
(3) by striking ‘‘and’’ at the end of paragraph (3), as redesig-
nated by paragraph (1) of this subsection;
(4) by striking ‘‘(3) when’’ and inserting ‘‘if’’; and
(5) by moving the matter following paragraph (3), as
redesignated by paragraph (1) of this subsection, to the left
flush full measure.
(b) COMMUTER AIRPORTS.—Section 44706 is amended by adding
at the end the following:
‘‘(d) COMMUTER AIRPORTS.—In developing the terms required
by subsection (b) for airports covered by subsection (a)(2), the
Administrator shall identify and consider a reasonable number
of regulatory alternatives and select from such alternatives the
least costly, most cost-effective or the least burdensome alternative
H. R. 3539—45
that will provide comparable safety at airports described in sub-
sections (a)(1) and (a)(2).’’.
(c) EFFECTIVE DATE.—Section 44706 is further amended by
adding at the end the following:
‘‘(e) EFFECTIVE DATE.—Any regulation establishing the terms
required by subsection (b) for airports covered by subsection (a)(2)
shall not take effect until such regulation, and a report on the
economic impact of the regulation on air service to the airports
covered by the rule, has been submitted to Congress and 120
days have elapsed following the date of such submission.’’.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—Section 44706
is further amended by adding at the end the following:
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
title may be construed as requiring a person to obtain an airport
operating certificate if such person does not desire to operate an
airport described in subsection (a).’’.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR STATE-SPECIFIC
SAFETY MEASURES.
There are authorized to be appropriated to the Federal Aviation
Administration not more than $10,000,000 for fiscal year 1997
for the purpose of addressing State-specific aviation safety problems
identified by the National Transportation Safety Board.
SEC. 406. AIRCRAFT ENGINE STANDARDS.
(a) STANDARDS AND REGULATIONS.—Subsection (a)(1) of section
44715 is amended to read as follows:
‘‘(a) STANDARDS AND REGULATIONS.—(1)(A) To relieve and pro-
tect the public health and welfare from aircraft noise and sonic
boom, the Administrator of the Federal Aviation Administration,
as he deems necessary, shall prescribe—
‘‘(i) standards to measure aircraft noise and sonic
boom; and
‘‘(ii) regulations to control and abate aircraft noise and
sonic boom.
‘‘(B) The Administrator, as the Administrator deems appro-
priate, shall provide for the participation of a representative of
the Environmental Protection Agency on such advisory committees
or associated working groups that advise the Administrator on
matters related to the environmental effects of aircraft and aircraft
engines.’’.
(b) INTERAGENCY COOPERATION.—Section 231(a)(2) of the Clean
Air Act (42 U.S.C. 7571(a)(2)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘The Administrator’’; and
(2) by adding at the end the following:
‘‘(B)(i) The Administrator shall consult with the Administrator
of the Federal Aviation Administration on aircraft engine emission
standards.
‘‘(ii) The Administrator shall not change the aircraft engine
emission standards if such change would significantly increase noise
and adversely affect safety.’’.
SEC. 407. ACCIDENT AND SAFETY DATA CLASSIFICATION; REPORT ON
EFFECTS OF PUBLICATION AND AUTOMATED SURVEIL-
LANCE TARGETING SYSTEMS.
(a) ACCIDENT AND SAFETY DATA CLASSIFICATION.—
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(1) IN GENERAL.—Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:
‘‘§ 1119. 
Accident 
and 
safety 
data 
classification 
and
publication
‘‘(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this section, the National Transportation Safety
Board shall, in consultation and coordination with the Adminis-
trator of the Federal Aviation Administration, develop a system
for classifying air carrier accident data maintained by the Board.
‘‘(b) REQUIREMENTS FOR CLASSIFICATION SYSTEM.—
‘‘(1) IN GENERAL.—The system developed under this section
shall provide for the classification of accident and safety data
in a manner that, in comparison to the system in effect on
the date of the enactment of this section, provides for safety-
related categories that provide clearer descriptions of accidents
associated with air transportation, including a more refined
classification of accidents which involve fatalities, injuries, or
substantial damage and which are only related to the operation
of an aircraft.
‘‘(2) PUBLIC COMMENT.—In developing a system of classifica-
tion under paragraph (1), the Board shall provide adequate
opportunity for public review and comment.
‘‘(3) FINAL
CLASSIFICATION.—After providing for public
review and comment, and after consulting with the Adminis-
trator, the Board shall issue final classifications. The Board
shall ensure that air travel accident covered under this section
is classified in accordance with the final classifications issued
under this section for data for calendar year 1997, and for
each subsequent calendar year.
‘‘(4) PUBLICATION.—The Board shall publish on a periodic
basis accident and safety data in accordance with the final
classifications issued under paragraph (3).
‘‘(5) RECOMMENDATIONS
OF
THE
ADMINISTRATOR.—The
Administrator may, from time to time, request the Board to
consider revisions (including additions to the classification sys-
tem developed under this section). The Board shall respond
to any request made by the Administrator under this section
not later than 90 days after receiving that request.’’.
(2) CONFORMING AMENDMENT.—The table of sections for
subchapter II of chapter 11 of title 49, United States Code,
is amended by adding at the end the following:
‘‘1119. Accident and safety data classification and publication.’’.
(b) AUTOMATED SURVEILLANCE TARGETING SYSTEMS.—Section
44713 is amended by adding at the end the following:
‘‘(e) AUTOMATED SURVEILLANCE TARGETING SYSTEMS.—
‘‘(1) IN
GENERAL.—The Administrator shall give high
priority to developing and deploying a fully enhanced safety
performance analysis system that includes automated surveil-
lance to assist the Administrator in prioritizing and targeting
surveillance and inspection activities of the Federal Aviation
Administration.
‘‘(2) DEADLINES FOR DEPLOYMENT.—
‘‘(A) INITIAL
PHASE.—The initial phase of the oper-
ational deployment of the system developed under this
subsection shall begin not later than December 31, 1997.