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planation of whether or not the consolidation will be
cost beneficial if the airspace is only partially rede-
signed.
SEC. 114. GENERAL FACILITIES AUTHORITY.
(a) CONTINUATION OF ILS INVENTORY PROGRAM.—
Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘each of 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
maintain 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 partici-
pation in the International Olympic, Paralympic, and Spe-
cial Olympics movements by hosting international quad-
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rennial Olympic events and Paralympic and Special Olym-
pic events in the United States.
(b) AIRPORT DEVELOPMENT PROJECTS.—
(1) AIRPORT
DEVELOPMENT
DEFINED.—Sec-
tion 47102(3) is amended by adding at the end the
following:
‘‘(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 quad-
rennial Olympic events.’’.
SEC. 116. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR
CARRIERS.
(a) IN GENERAL.—It shall not be considered unrea-
sonable or unjust discrimination or a violation of section
47107 of title 49, United States Code, for the owner or
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operator 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 Regu-
lations, with aircraft designed to carry more than 9 pas-
sengers per flight.
(b) COVERED AIRPORTS.—This section shall only
apply to an airport that—
(1) is designated as a reliever airport by the
Administrator;
(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.
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SEC. 117. PERIOD OF APPLICABILITY OF AMENDMENTS.
Effective September 29, 1998, section 125 of the
Federal 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.—
Section 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 air-
ports).
‘‘(B) 2⁄3 for grants to sponsors of each
commercial service airport that each year has
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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 nonpri-
mary 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 funding level and under the terms provided by the
agreement, subject to the availability of funds.’’.
(c) PASSENGER FACILITY FEE WAIVER FOR CER-
TAIN CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS
IN ISOLATED COMMUNITIES.—Section 40117(i) is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) may permit a public agency to request that
collection of a passenger facility fee be waived for—
‘‘(A) passengers enplaned by any class of
air carrier or foreign air carrier if the number
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of passengers enplaned by the carrier in the
class constitutes not more than 1 percent of the
total number of passengers enplaned annually
at the airport at which the fee is imposed; or
‘‘(B) passengers enplaned on a flight to an
airport—
‘‘(i) that has fewer than 2,500 pas-
senger boardings each year; and
‘‘(ii) in a community which has a pop-
ulation of less than 10,000 and is not con-
nected by a land highway or vehicular way
to the land-connected National Highway
System within a State.’’.
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
establish a program to contract for air traffic
control services at not more than 20 level I air
traffic control towers, as defined by the Admin-
istrator of the Federal Aviation Administration,
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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 one.
‘‘(ii) Level I air traffic control towers
of the Federal Aviation Administration
that are closed as a result of the air traffic
controllers strike in 1981.
‘‘(iii) Air traffic control towers that
are located at airports that receive air
service from an air carrier that is receiving
compensation under the essential air serv-
ice program of subchapter II of chapter
417.
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‘‘(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
program established under this paragraph ex-
ceed 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
paragraph.’’.
TITLE III—FAMILY ASSISTANCE
SEC. 301. RESPONSIBILITIES OF NATIONAL TRANSPOR-
TATION SAFETY BOARD.
(a) PROHIBITION
ON UNSOLICITED COMMUNICA-
TIONS.—
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(1) 
IN
GENERAL.—Section 
1136(g)(2) 
is
amended—
(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 fol-
lowing: ‘‘(including any associate, agent, em-
ployee, or other representative of the attor-
ney)’’; 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-
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ning 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 au-
thorities 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
reservation for the flight.’’.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 1136 is amended by adding at the end the follow-
ing:
‘‘(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
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the families of passengers involved in an aircraft acci-
dent.’’.
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
provide 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
enactment of this Act. On or before such 180th day,
each air carrier holding a certificate of public con-
venience and necessity under section 41102 of title
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49, United States Code, shall submit to the Sec-
retary of Transportation and the Chairman of the
National Transportation Safety Board an updated
plan under section 41113 of such title that meets
the requirement of the amendments made by para-
graphs (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 en-
actment of this section, the Secretary’’ and in-
serting ‘‘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.—
Section 41113 is amended by adding at the end the follow-
ing:
‘‘(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
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that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft acci-
dent.’’.
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 amend-
ed 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
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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
inserting ‘‘(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, com-
monly 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 set-
tled on or before such date of enactment.
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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
person may bring a civil action in a district court of
the United States or in the United States Court of
Federal Claims against the United States Govern-
ment 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 in-
sured 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
chapter (other than section 44305(b)).
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‘‘(2) LIMITATION.—A civil action involving the
same matter (except the action authorized by this
subsection) may not be brought against an agent, of-
ficer, 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, Uninted States Code, applies
to an action under this subsection.’’.
(b) EXTENSION
OF AVIATION INSURANCE PRO-
GRAM.—Section 44310 of such title is amended by strik-
ing ‘‘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,
equipment be installed, on each cargo aircraft with a pay-
load capacity of 15,000 kilograms or more, that provides
protection from mid-air collisions and resolution advisory
capability 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
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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
National 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 EM-
PLOYEES.
Section 347(b)(1) of the Department of Transpor-
tation 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 provisions for investigation and enforcement as pro-
vided in chapter 12 of title 5, United States Code’’.
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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 pro-
posed rulemaking to develop procedures to protect air car-
riers 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 rulemaking, the Administrator shall issue a final
rule establishing 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 air-
port operating certificates for small scheduled passenger
air carrier operations. Not later than 1 year after the last
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(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
period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) the failure to mark life limited air-
craft parts in accordance of section 44725.’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 447 is amended by adding at the end the follow-
ing:
‘‘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:
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‘‘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 be-
cause 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 Fed-
eral Government 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
proceeding; or
‘‘(4) assisted or participated or is about to as-
sist or participate in such a proceeding.
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‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING
AND
NOTIFICATION.—A person
who believes that he or she has been discharged or
otherwise discriminated against by a person in viola-
tion 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 com-
plaint with the Secretary of Labor alleging such dis-
charge or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall notify the
person named in the complaint and the Adminis-
trator of the Federal Aviation Administration of the
filing of the complaint, of the allegations contained
in the complaint, of the substance of evidence sup-
porting 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 complaint filed under paragraph (1) and after af-
fording the person named in the complaint of an op-
portunity to submit to the Secretary of Labor a
written response to the complaint and an oppor-
tunity to meet with a representative of the Secretary
to present statements from witnesses, the Secretary
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of Labor shall conduct an investigation and deter-
mine whether there is reasonable cause to believe
that the complaint has merit and notify the com-
plainant and the person alleged to have committed
a violation of subsection (a) of the Secretary’s find-
ings. If the Secretary of Labor concludes that there
is a reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall ac-
company 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 no-
tification of findings under this paragraph, either
the person alleged to have committed the violation 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 con-
ducted 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
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after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final
order, a proceeding 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 violation.
‘‘(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 vio-
lation 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.
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If such an order is issued under this paragraph,
the Secretary of Labor, at the request of the
complainant, shall assess against the person
against whom the order is issued a sum equal
to the aggregate amount of all costs and ex-
penses (including attorneys’ and expert witness
fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or
in connection with, the bringing of the com-
plaint upon which the order was issued.
‘‘(C) FRIVOLOUS
COMPLAINTS.—If the
Secretary 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 reason-
able 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 ob-
tain review 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, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
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lation. 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 pro-
ceedings under this subparagraph shall not, un-
less 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
actions 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.—
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‘‘(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
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of an air carrier who, acting without direction
from such air carrier (or such air carrier’s agent), delib-
erately causes a violation of any requirement relating to
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air carrier safety under this subtitle or any other law of
the United States.
‘‘(e) CONTRACTOR DEFINED.—In this section, the
term ‘contractor’ means a company that performs safety-
sensitive functions by contract for an air carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the follow-
ing:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 602. CIVIL PENALTY.
Section 46301(a)(1)(A) is amended by striking ‘‘sub-
chapter II of chapter 421’’ and inserting ‘‘subchapter II
or III of chapter 421’’.
TITLE VII—CENTENNIAL OF
FLIGHT COMMISSION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Centennial of Flight
Commemoration Act’’.
SEC. 702. FINDINGS.
Congress finds that—
(1) December 17, 2003, is the 100th anniver-
sary of the first successful manned, free, controlled,
and sustained flight by a power-driven, heavier-than-
air machine;
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(2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of
flying;
(3) the airplane has dramatically changed the
course of transportation, commerce, communication,
and warfare throughout the world;
(4) the achievement by the Wright brothers
stands as a triumph of American ingenuity, inven-
tiveness, and diligence in developing new tech-
nologies, and remains an inspiration for all Ameri-
cans;
(5) it is appropriate to remember and renew the
legacy of the Wright brothers at a time when the
values of creativity and daring represented by the
Wright brothers are critical to the future of the Na-
tion; and
(6) as the Nation approaches the 100th anni-
versary of powered flight, it is appropriate to cele-
brate and commemorate the centennial year through
local, national, and international observances and ac-
tivities.
SEC. 703. ESTABLISHMENT.
There is established a commission to be known as the
Centennial of Flight Commission.
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SEC. 704. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 7 members as follows:
(1) The Administrator of the Federal Aviation
Administration (or the designee of the Adminis-
trator).
(2) The Director of the National Air and Space
Museum (or the designee of the Director).
(3) The Administrator of the National Aero-
nautics and Space Administration (or the designee
of the Administrator).
(4) The chairman of the First Flight Centen-
nial Foundation of North Carolina (or the designee
of the chairman).
(5) The chairman of the 2003 Committee of
Ohio (or the designee of the chairman).
(6) The president of the American Institute of
Aeronautics and Astronautics Foundation of Reston,
Virginia (or the designee of the president).
(7) An individual of national stature who shall
be selected by the members of the Commission des-
ignated under paragraphs (1) through (6).
(b) VACANCIES.—Any vacancy in the Commission
shall be filled in the same manner in which the original
designation was made.
(c) COMPENSATION.—
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(1) PROHIBITION OF PAY.—Except as provided
in paragraph (2), members of the Commission shall
serve without pay or compensation.
(2) TRAVEL EXPENSES.—The Commission may
adopt a policy for members of the Commission and
related advisory panels to receive travel expenses, in-
cluding per diem in lieu of subsistence. The policy
may not exceed the levels established under sections
5702 and 5703 of title 5, United States Code. Mem-
bers who are Federal employees shall not receive
travel expenses if otherwise reimbursed by the Fed-
eral Government.
(d) QUORUM.—Three members of the Commission
shall constitute a quorum.
(e) CHAIRPERSON.—The Commission member se-
lected under subsection (a)(7) shall serve as Chairperson
of the Commission. The Chairperson may not vote on mat-
ters before the Commission except in the case of a tie vote.
(f) ORGANIZATION.—Not later than 90 days after the
date of enactment of this Act, the Commission shall meet
and select a Chairperson, Vice Chairperson, and Executive
Director.
SEC. 705. DUTIES.
(a) IN GENERAL.—The Commission shall—
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(1) represent the United States and take a
leadership role with other nations in recognizing the
importance of aviation history in general and the
centennial of powered flight in particular, and pro-
mote participation by the United States in such ac-
tivities;
(2) encourage and promote national and inter-
national participation and sponsorships in com-
memoration of the centennial of powered flight by
persons and entities such as—
(A) aerospace manufacturing companies;
(B) aerospace-related military organiza-
tions;
(C) workers employed in aerospace-related
industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and
enthusiasts;
(G) elementary, secondary, and higher edu-
cational institutions;
(H) civil, patriotic, educational, sporting,
arts, cultural, and historical organizations and
technical societies;
(I) aerospace-related museums; and
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(J) State and local governments;
(3) plan and develop, in coordination with the
First Flight Centennial Commission, the First
Flight Centennial Foundation of North Carolina,
and the 2003 Committee of Ohio, programs and ac-
tivities that are appropriate to commemorate the
100th anniversary of powered flight;
(4) maintain, publish, and distribute a calendar
or register of national and international programs
and projects concerning, and provide a central clear-
inghouse for, information and coordination regard-
ing, dates, events, and places of historical and com-
memorative significance regarding aviation history in
general and the centennial of powered flight in par-
ticular;
(5) provide national coordination for celebration
dates to take place throughout the United States
during the centennial year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial
of powered flight throughout the United States, es-
pecially activities that occur in the States of North
Carolina and Ohio and that highlight the activities
of the Wright brothers in such States; and
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(7) publish popular and scholarly works related
to the history of aviation or the anniversary of the
centennial of powered flight.
(b) NONDUPLICATION
OF ACTIVITIES.—The Com-
mission shall attempt to plan and conduct its activities
in such a manner that activities conducted pursuant to
this title enhance, but do not duplicate, traditional and
established activities of Ohio’s 2003 Committee, North
Carolina’s First Flight Centennial Commission, and the
First Flight Centennial Foundation.
SEC. 706. POWERS.
(a) ADVISORY COMMITTEES AND TASK FORCES.—
(1) IN
GENERAL.—The Commission may ap-
point any advisory committee or task force that it
determines to be necessary to carry out this title.
(2) FEDERAL
COOPERATION.—To ensure the
overall success of the Commission’s efforts, the Com-
mission may call upon various Federal departments
and agencies to assist in and give support to pro-
grams of the Commission. Where appropriate, all
Federal departments and agencies shall provide any
assistance possible.
(3) PROHIBITION OF PAY OTHER THAN TRAVEL
EXPENSES.—Members of an advisory committee or
task force authorized by paragraph (1) shall not re-
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ceive pay, but may receive travel expenses pursuant
to the policy adopted by the Commission under sec-
tion 704(c)(2).
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take under this title.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL
AGREEMENTS.—
(1) IN GENERAL.—The Commission may pro-
cure supplies, services, and property, and make or
enter into leases and other legal agreements in order
to carry out this title.
(2) RESTRICTION.—A contract, lease, or other
legal agreement made or entered into by the Com-
mission may not extend beyond the date of the ter-
mination of the Commission.
(3) SUPPLIES AND PROPERTY POSSESSED BY
COMMISSION AT TERMINATION.—Any supplies and
property, except historically significant items, that
are acquired by the Commission under this title and
remain in the possession of the Commission on the
date of the termination of the Commission shall be-
come the property of the General Services Adminis-
tration upon the date of termination.
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(d) REQUESTS FOR OFFICIAL INFORMATION.—The
Commission may request from any Federal department or
agency information necessary to enable the Commission
to carry out this title. The head of the Federal department
or agency shall furnish the information to the Commission
unless the release of the information by the department
or agency to the public is prohibited by law.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as any other Federal agency.
(f) APPLICABILITY OF CERTAIN LAWS.—Except as
otherwise expressly provided by this title, laws relating to
the general operation and management of Federal agen-
cies shall apply to the Commission only to the extent such
laws apply to the Smithsonian Institution.
SEC. 707. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—There shall be an Exec-
utive Director appointed by the Commission. The Execu-
tive Director may be paid at a rate not to exceed the maxi-
mum rate of basic pay payable for the Senior Executive
Service.
(b) STAFF.—The Commission may appoint and fix
the pay of any additional personnel that it considers ap-
propriate, except that an individual appointed under this
subsection may not receive pay in excess of the maximum
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rate of basic pay payable for GS–14 of the General Sched-
ule.
(c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the Commis-
sion may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of such title, relating to classification and General
Schedule pay rates, except as provided under subsections
(a) and (b).
(d) STAFF OF FEDERAL AGENCIES.—Upon request
by the Chairperson of the Commission, the head of any
Federal department or agency may detail, on a non-
reimbursable basis, any of the personnel of the department
or agency to the Commission to assist the Commission to
carry out its duties under this title.
(e) EXPERTS AND CONSULTANTS.—The Chairperson
of the Commission may procure temporary and intermit-
tent services under section 3109(b) of title 5, United
States Code, at a rate that does not exceed the daily equiv-
alent of the annual rate of basic pay payable under level
V of the Executive Schedule under section 5316 of such
title.
(f) ADMINISTRATIVE SUPPORT SERVICES.—
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(1) REIMBURSABLE SERVICES.—The Secretary
of the Smithsonian Institution may provide to the
Commission on a reimbursable basis any administra-
tive support services that are necessary to enable the
Commission to carry out this title.
(2) NONREIMBURSABLE
SERVICES.—The Sec-
retary may provide administrative support services
to the Commission on a nonreimbursable basis when,
in the opinion of the Secretary, the value of such
services is insignificant or not practical to determine.
(g) COOPERATIVE AGREEMENTS.—The Commission
may enter into cooperative agreements or grant agree-
ments with other Federal agencies, State and local govern-
ments, and private interests and organizations that will
contribute to public awareness of and interest in the cen-
tennial of powered flight and toward furthering the goals
and purposes of this title.
(h) PROGRAM SUPPORT.—The Commission may re-
ceive program support from the non-profit sector.
SEC. 708. CONTRIBUTIONS.
(a) DONATIONS.—
(1) IN GENERAL.—The Commission may accept
donations of money, personal service, and historic
materials relating to the implementation of its re-
sponsibilities under the provisions of this title.
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(2) DONATED FUNDS AND SALES.—Any funds
donated to the Commission or revenues from direct
sales shall be used by the Commission to carry out
this title. Funds donated to and accepted by the
Commission under this section shall not be consid-
ered to be appropriated funds and shall not be sub-
ject to any requirements or restrictions applicable to
appropriated funds.
(3) FUNDRAISING.—Any fundraising under-
taken by the Commission shall be coordinated with
fundraising undertaken at the State level, and co-
ordinated with the First Flight Centennial Commis-
sion, the First Flight Centennial Foundation of
North Carolina, and the 2003 Committee of Ohio.
(b) VOLUNTEER SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services
as the Commission determines necessary.
(c) REMAINING FUNDS.—Any donated funds remain-
ing with the Commission on the date of the termination
of the Commission may be used to ensure proper disposi-
tion, as specified in the final report required under section
710(b), of historically significant property which was do-
nated to or acquired by the Commission. Any donated
funds remaining after such disposition shall be transferred
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to the Secretary of the Treasury for deposit into the gen-
eral fund of the Treasury of the United States.
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in raising or accepting funds from the private
sector, the Commission should not compete against fund-
raising efforts by non-profit organizations that were initi-
ated before the date of enactment of this Act and that
are attempting to raise funds for nationally-significant
commemorative projects related to the Wright brothers.
SEC. 709. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.
(a) IN GENERAL.—The Commission may devise any
logo, emblem, seal, or descriptive or designating mark that
is required to carry out its duties or that it determines
is appropriate for use in connection with the commemora-
tion of the centennial of powered flight.
(b) LICENSING.—The Commission shall have the sole
and exclusive right to use, or to allow or refuse the use
of, the name ‘‘Centennial of Flight Commission’’ on any
logo, emblem, seal, or descriptive or designating mark that
the Commission lawfully adopts.
(c) EFFECT ON OTHER RIGHTS.—No provision of
this section may be construed to conflict or interfere with
established or vested rights.
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(d) USE OF FUNDS.—Funds donated to, or raised by,
the Commission under section 708 and licensing royalties
received pursuant to section 709 shall be used by the Com-
mission to carry out the duties of the Commission speci-
fied by this title. If the Commission determines that such
funds are in excess of the amount needed to carry out
these duties, funds may be made available to State and
local governments and private interests and organizations
to contribute to public awareness of and interest in the
centennial of powered flight. Funds disbursed under this
section shall be required to be disbursed in accordance
with a plan adopted unanimously by the voting members
of the Commission.
(e) LIMITATION ON FUNDS COLLECTED.—Except as
approved by a unanimous vote of the voting members of
the Commission, funds donated to, or raised by, the Com-
mission under section 708 and licensing royalties received
pursuant to section 709 may not exceed $1,750,000 in a
fiscal year.
SEC. 710. REPORTS.
(a) ANNUAL REPORT.—In each fiscal year in which
the Commission is in existence, the Commission shall pre-
pare and submit to Congress a report describing the ac-
tivities of the Commission during the fiscal year. Each an-
nual report shall also include—
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(1) recommendations regarding appropriate ac-
tivities to commemorate the centennial of powered
flight, including—
(A) the production, publication, and dis-
tribution of books, pamphlets, films, and other
educational materials;
(B) 
bibliographical 
and 
documentary
projects and publications;
(C) conferences, convocations, lectures,
seminars, and other similar programs;
(D) the development of exhibits for librar-
ies, museums, and other appropriate institu-
tions;
(E) ceremonies and celebrations commemo-
rating specific events that relate to the history
of aviation;
(F) programs focusing on the history of
aviation and its benefits to the United States
and humankind; and
(G) competitions, commissions, and awards
regarding historical, scholarly, artistic, literary,
musical, and other works, programs, and
projects related to the centennial of powered
flight;
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(2) recommendations to appropriate agencies or
advisory bodies regarding the issuance of commemo-
rative coins, medals, and stamps by the United
States relating to aviation or the centennial of pow-
ered flight;
(3) recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of
the centennial of powered flight; and
(4) an accounting of funds received and ex-
pended by the Commission in the fiscal year that the
report concerns, including a detailed description of
the source and amount of any funds donated to the
Commission in the fiscal year.
(b) FINAL REPORT.—Not later than June 30, 2004,
the Commission shall submit to the President and Con-
gress a final report. The final report shall contain—
(1) a summary of the activities of the Commis-
sion;
(2) a final accounting of funds received and ex-
pended by the Commission;
(3) any findings and conclusions of the Com-
mission; and
(4) specific recommendations concerning the
final disposition of any historically significant items
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acquired by the Commission, including items do-
nated to the Commission under section 708(a)(1).
SEC. 711. AUDIT OF FINANCIAL TRANSACTIONS.
(a) IN GENERAL.—
(1) AUDIT.—The Comptroller General of the
United States shall audit the financial transactions
of the Commission, including financial transactions
involving donated funds, in accordance with gen-
erally accepted auditing standards.
(2) ACCESS.—In conducting an audit under
this section, the Comptroller General—
(A) shall have access to all books, ac-
counts, financial records, reports, files, and
other papers, items, or property in use by the
Commission, as necessary to facilitate the audit;
and
(B) shall be afforded full facilities for veri-
fying the financial transactions of the Commis-
sion, including access to any financial records
or securities held for the Commission by deposi-
tories, fiscal agents, or custodians.
(b) REPORT.—Not later than September 30, 2004,
the Comptroller General of the United States shall submit
to the President and to Congress a report detailing the
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results of any audit of the financial transactions of the
Commission conducted by the Comptroller General.
SEC. 712. ADVISORY BOARD.
(a) ESTABLISHMENT.—There is established a First
Flight Centennial Federal Advisory Board.
(b) NUMBER AND APPOINTMENT.—The Board shall
be composed of 19 members as follows:
(1) The Secretary of the Interior, or the des-
ignee of the Secretary.
(2) The Librarian of Congress, or the designee
of the Librarian.
(3) The Secretary of the Air Force, or the des-
ignee of the Secretary.
(4) The Secretary of the Navy, or the designee
of the Secretary.
(5) The Secretary of Transportation, or the
designee of the Secretary.
(6) Six citizens of the United States, appointed
by the President, who—
(A) are not officers or employees of any
government (except membership on the Board
shall not be construed to apply to the limitation
under this clause); and
(B) shall be selected based on their experi-
ence in the fields of aerospace history, science,
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or education, or their ability to represent the
entities enumerated under section 705(2).
(7) Four citizens of the United States, ap-
pointed by the majority leader of the Senate in con-
sultation with the minority leader of the Senate.
(8) Four citizens of the United States, ap-
pointed by the Speaker of the House of Representa-
tives in consultation with the minority leader of the
House of Representatives. Of the individuals ap-
pointed under this subparagraph—
(A) one shall be selected from among indi-
viduals recommended by the representative
whose district encompasses the Wright Brothers
National Memorial; and
(B) one shall be selected from among indi-
viduals recommended by the representatives
whose districts encompass any part of the Day-
ton Aviation Heritage National Historical Park.
(c) VACANCIES.—Any vacancy in the Advisory Board
shall be filled in the same manner in which the original
designation was made.
(d) MEETINGS.—Seven members of the Advisory
Board shall constitute a quorum for a meeting. All meet-
ings shall be open to the public.
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(e) CHAIRPERSON.—The President shall designate 1
member appointed under subsection (b)(1)(F) as chair-
person of the Advisory Board.
(f) MAILS.—The Advisory Board may use the United
States mails in the same manner and under the same con-
ditions as a Federal agency.
(g) DUTIES.—The Advisory Board shall advise the
Commission on matters related to this title.
(h) PROHIBITION OF COMPENSATION OTHER THAN
TRAVEL EXPENSES.—Members of the Advisory Board
shall not receive pay, but may receive travel expenses pur-
suant to the policy adopted by the Commission under sec-
tion 704(c)(2).
(i) TERMINATION.—The Advisory Board shall termi-
nate upon the termination of the Commission.
SEC. 713. DEFINITIONS.
In this title, the following definitions apply:
(1) COMMISSION.—The term ‘‘Commission’’
means the Centennial of Flight Commission.
(2) FIRST FLIGHT.—The term ‘‘First Flight’’
means the first four successful manned, free, con-
trolled, and sustained flights by a power-driven,
heavier-than-air machine, which were accomplished
by Orville and Wilbur Wright on December 17,
1903.
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(3) CENTENNIAL OF POWERED FLIGHT.—The
term ‘‘centennial of powered flight’’ means the anni-
versary year, from December 2002 to December
2003, commemorating the 100-year history of avia-
tion beginning with the First Flight and highlighting
the achievements of the Wright brothers in develop-
ing the technologies which have led to the develop-
ment of aviation as it is known today.
(4) ADVISORY
BOARD.—The term ‘‘Advisory
Board’’ means the Centennial of Flight Federal Ad-
visory Board.
SEC. 714. TERMINATION.
The Commission shall terminate not later than 60
days after the submission of the final report required by
section 710(b).
SEC. 715. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this title $250,000 for each of the fiscal years 1999
through 2004.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. CLARIFICATION OF REGULATORY APPROVAL
PROCESS.
Section 106(f)(3)(B) is amended by adding at the
end the following:
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‘‘(v) Not later than 10 days after the date
of the determination of the Administrator under
clause (i), the Administrator shall transmit to
the Committee on Commerce, Science, and
Transportation of the Senate and the Commit-
tee on Transportation and Infrastructure of the
House of Representatives a written justification
of the reasons for the determination. The jus-
tification shall include a citation to the item or
items listed in clause (i) that is the authority on
which the Administrator is relying for making
the determination.’’.
SEC. 802. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking
‘‘40113(a), (c), and (d),’’ and all that follows through
‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445
(except sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723),
chapter 449 (except sections 44903(d), 44904, 44905,
44907–44911, 44913, 44915, and 44931–44934), chapter
451, chapter 453, sections’’.
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SEC. 
803. 
PROHIBITION 
ON 
RELEASE 
OF 
OFFEROR
PROPOSALS.
Section 40110 is amended by adding at the end the
following:
‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a proposal in the possession or con-
trol of the Administrator may not be made available
to any person under section 552 of title 5, United
States Code.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror the
disclosure of which is authorized by the Adminis-
trator pursuant to procedures published in the Fed-
eral Register. The Administrator shall provide an
opportunity for public comment on the procedures
for a period of not less than 30 days beginning on
the date of such publication in order to receive and
consider the views of all interested parties on the
procedures. The procedures shall not take effect be-
fore the 60th day following the date of such publica-
tion.
‘‘(3) PROPOSAL DEFINED.—In this subsection,
the term ‘proposal’ means information contained in
or originating from any proposal, including a tech-
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nical, management, or cost proposal, submitted by
an offeror in response to the requirements of a solic-
itation for a competitive proposal.’’.
SEC. 804. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended—
(1) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) TELECOMMUNICATIONS
SERVICES.—Notwith-
standing section 1341(a)(1)(B) of title 31, the Adminis-
trator may make a contract of not more than 10 years
for telecommunication services that are provided through
the use of a satellite if the Administrator finds that the
longer contract period would be cost beneficial.’’.
SEC. 805. FEDERAL AVIATION ADMINISTRATION PERSON-
NEL MANAGEMENT SYSTEM.
(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 ad-
journed sine die.’’.
(b) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—Section 40122 is amended by adding at the end
the following:
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‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—An employee of the Administration who is the
subject of a major adverse personnel action may contest
the action either through any contractual grievance proce-
dure that is applicable to the employee as a member of
the collective bargaining unit or through the Administra-
tion’s internal process relating to review of major adverse
personnel actions of the Administration, known as Guar-
anteed Fair Treatment.’’.
(c) APPLICABILITY OF MERIT SYSTEMS PROTECTION
BOARD PROVISIONS.—Section 347(b) of the Department
of Transportation and Related Agencies Appropriations
Act, 1996 (109 Stat. 460) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) sections 1204, 1211–1218, 1221, and
7701–7703, relating to the Merit Systems Protec-
tion Board.’’.
(d) APPEALS
TO
MERIT
SYSTEMS
PROTECTION
BOARD.—Section 347(c) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 is
amended to read as follows:
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‘‘(c) APPEALS
TO MERIT SYSTEMS PROTECTION
BOARD.—Under the new personnel management system
developed and implemented under subsection (a), an em-
ployee of the Federal Aviation Administration may submit
an appeal to the Merit Systems Protection Board and may
seek judicial review of any resulting final orders or deci-
sions of the Board from any action that was appealable
to the Board under any law, rule, or regulation as of
March 31, 1996.’’.
(e) COSTS AND BENEFITS OF MERIT SYSTEMS PRO-
TECTION BOARD PROCEDURE.—
(1) STUDY.—The Inspector General of the De-
partment of Transportation shall conduct a study of
the costs and benefits to employees and the Federal
Aviation Administration of the procedures of the
Merit Systems Protection Board as compared to the
guaranteed fair treatment procedures of the Federal
Aviation Administration.
(2) SURVEY.—In conducting the study, the In-
spector General shall conduct a survey of the em-
ployees of the Federal Aviation Administration who
are not members of the union to determine which
procedures such employees prefer.
(3) REPORT.—Not later than May 15, 1999,
the Inspector General shall transmit to Congress a
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report on the results of the study conducted under
paragraph (1), including the results of a survey con-
ducted under paragraph (2).
SEC. 806. GENERAL FACILITIES AND PERSONNEL AUTHOR-
ITY.
Section 44502(a) (as amended by section 114 of this
Act) is further amended by adding at the end the follow-
ing:
‘‘(6) 
IMPROVEMENTS
ON
LEASED
PROP-
ERTIES.—The Administrator may make improve-
ments to real property leased for an air navigation
facility, regardless of whether the cost of making the
improvements exceeds the cost of leasing the real
property, if—
‘‘(A) the property is leased for free or
nominal rent;
‘‘(B) the improvements primarily benefit
the Government;
‘‘(C) the improvements are essential for ac-
complishment of the mission of the Federal
Aviation Administration; and
‘‘(D) the interest of the Government in the
improvements is protected.’’.
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SEC. 807. IMPLEMENTATION OF ARTICLE 83 BIS OF THE
CHICAGO CONVENTION.
Section 44701 is amended by—
(1) redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the follow-
ing:
‘‘(e) BILATERAL EXCHANGES
OF SAFETY OVER-
SIGHT RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of this chapter, the Administrator, pursuant to
Article 83 bis of the Convention on International
Civil Aviation and by a bilateral agreement with the
aeronautical authorities of another country, may ex-
change with that country all or part of their respec-
tive functions and duties with respect to registered
aircraft under the following articles of the Conven-
tion: Article 12 (Rules of the Air); Article 31 (Cer-
tificates of Airworthiness); or Article 32a (Licenses
of Personnel).
‘‘(2) RELINQUISHMENT
AND
ACCEPTANCE
OF
RESPONSIBILITY.—The Administrator relinquishes
responsibility with respect to the functions and du-
ties transferred by the Administrator as specified in
the bilateral agreement, under the Articles listed in
paragraph (1) for United States-registered aircraft
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described in paragraph (4)(A) transferred abroad
and accepts responsibility with respect to the func-
tions and duties under those Articles for aircraft
registered abroad and described in paragraph (4)(B)
that are transferred to the United States.
‘‘(3) CONDITIONS.—The Administrator may
predicate, in the agreement, the transfer of func-
tions and duties under this subsection on any condi-
tions the Administrator deems necessary and pru-
dent, except that the Administrator may not transfer
responsibilities for United States registered aircraft
described in paragraph (4)(A) to a country that the
Administrator determines is not in compliance with
its obligations under international law for the safety
oversight of civil aviation.
‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this
subsection, the term ‘registered aircraft’ means—
‘‘(A) aircraft registered in the United
States and operated pursuant to an agreement
for the lease, charter, or interchange of the air-
craft or any similar arrangement by an opera-
tor that has its principal place of business or,
if it has no such place of business, its perma-
nent residence in another country; or
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‘‘(B) aircraft registered in a foreign coun-
try and operated under an agreement for the
lease, charter, or interchange of the aircraft or
any similar arrangement by an operator that
has its principal place of business or, if it has
no such place of business, its permanent resi-
dence in the United States.’’.
SEC. 808. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended—
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) PUBLIC INFORMATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, the
records of the contents (as prescribed in subsection
(b)) of any airman certificate issued under this sec-
tion shall be made available to the public after the
60th day following the date of enactment of the Air-
port Improvement Program Reauthorization Act of
1998.
‘‘(2) ADDRESSES OF AIRMEN.—Before making
the address of an airman available to the public
under paragraph (1), the airman shall be given an
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opportunity to elect that the airman’s address not be
made available to the public.
‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 30 days after the date of
enactment of the Airport Improvement Program Re-
authorization Act of 1998, the Administrator shall
develop and implement, in cooperation with rep-
resentatives of the aviation industry, a one-time
written notification to airmen to set forth the impli-
cations of making the address of an airman available
to the public under paragraph (1) and to carry out
paragraph (2).’’.
SEC. 809. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the
following:
‘‘(f) GOVERNMENT
AND INDUSTRY CONSORTIA.—
The Administrator may establish at individual airports
such consortia of government and aviation industry rep-
resentatives as the Administrator may designate to pro-
vide advice on matters related to aviation security and
safety. Such consortia shall not be considered Federal ad-
visory committees.’’.
SEC. 810. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ‘‘shall’’
and inserting ‘‘should’’.
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SEC. 811. COST RECOVERY FOR FOREIGN AVIATION SERV-
ICES.
Section 45301 is amended—
(1) in subsection (a)(2) by inserting before the
period ‘‘or to any entity obtaining inspection, test-
ing, authorization, permit, rating, approval, review,
or certification services outside the United States’’;
and
(2) in subsection (b)(1)(B) by moving the sen-
tence beginning ‘‘Services’’ down 1 line and flush 2
ems to the left.
SEC. 812. TECHNICAL CORRECTIONS TO CIVIL PENALTY
PROVISIONS.
Section 46301 is amended—
(1) in subsection (a)(1)(A) by striking ‘‘46302,
46303, or’’;
(2) in subsection (d)(7)(A) by striking ‘‘an indi-
vidual’’ the first place it appears and inserting ‘‘a
person’’; and
(3) in subsection (g) by inserting ‘‘or the Ad-
ministrator’’ after ‘‘Secretary’’.
SEC. 813. ENHANCED VISION TECHNOLOGIES.
(a) STUDY.—The Administrator shall conduct a
study of the feasibility of requiring United States airports
to install enhanced vision technologies to replace or en-
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hance conventional landing light systems over the 10-year
period following the date of completion of such study.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall transmit
to Congress a report on the results of the study conducted
under subsection (a) with such recommendations as the
Administrator considers appropriate.
(c) INCLUSION OF INSTALLATION AS AIRPORT DE-
VELOPMENT.—Section 47102 of title 49, United States
Code, is amended—
(1) in paragraph (3)(B)—
(A) by striking ‘‘and’’ at the end of clause
(v);
(B) by striking the period at the end of
clause (vi) and inserting ‘‘; and’’; and
(C) by inserting after clause (vi) the fol-
lowing:
‘‘(vii) enhanced visual technologies to
replace or enhance conventional landing
light systems.’’; and
(2) by adding at the end the following:
‘‘(21) ENHANCED VISION TECHNOLOGIES.—The
term ‘enhanced vision technologies’ means laser
guidance, ultraviolet guidance, infrared, and cold
cathode technologies.’’.
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(d) CERTIFICATION.—Not later than 180 days after
the date of enactment of this Act, the Administrator shall
transmit to Congress a schedule for certification of laser
guidance equipment for use as approach lighting at United
States airports and of cold cathode lighting equipment for
use as runway and taxiway lighting at United States air-
ports and as lighting at United States heliports.
SEC. 814. FOREIGN CARRIERS ELIGIBLE FOR WAIVER
UNDER AIRPORT NOISE AND CAPACITY ACT.
Section 47528(b)(1) is amended in the first sentence
by inserting ‘‘or foreign air carrier’’ after ‘‘air carrier’’.
SEC. 815. TYPOGRAPHICAL ERRORS.
(a) IN TITLE 49, UNITED STATES CODE.—Title 49
is amended—
(1) in section 5108(f) by striking ‘‘section
552(f)’’ and inserting ‘‘section 552(b)’’.
(2) in section 15904(c)(1) by inserting ‘‘sec-
tion’’ before ‘‘15901(b)’’.
(3) in section 49106(b)(1)(F) by striking
‘‘1996’’ and inserting ‘‘1986’’;
(4) in section 49106(c)(3) by striking ‘‘by the
board’’ and inserting ‘‘to the board’’;
(5) in section 49107(b) by striking ‘‘subchapter
II’’ and inserting ‘‘subchapter III’’; and
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(6) in section 49111(b) by striking ‘‘retention
of’’ and inserting ‘‘retention by’’.
(b) CODIFICATION REPEAL TABLE.—The Schedule
of Laws Repealed in section 5(b) the Act of November
20, 1997 (Public Law 105–102; 111 Stat. 2217), is
amended by striking ‘‘1996’’ the first place it appears and
inserting ‘‘1986’’.
(c) CODIFICATION REFERENCES.—Effective October
11, 1996, section 5(45)(A) of the Act of October 11, 1996
(Public Law 104–287, 110 Stat. 3393), is amended by
striking 
‘‘ENFORCEMENT;’’ 
and 
inserting 
‘‘EN-
FORCEMENT:’’.
SEC. 816. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (49 U.S.C.
106 note; 109 Stat. 460) is amended by striking sub-
section (c) and inserting the following:
‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT
FISCAL YEAR.—Notwithstanding subsection (b)(3), the
Administrator may enter into contracts for procurement
of severable services that begin in one fiscal year and end
in another if (without regard to any option to extend the
period of the contract) the contract period does not exceed
1 year.’’.
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SEC. 817. INDEPENDENT STUDY OF FAA COSTS AND ALLO-
CATIONS.
(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 con-
tract with 1 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 attrib-
uting such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the as-
sessment under this paragraph, the Inspector
General shall assess the following:
(i) The Federal Aviation Administra-
tion’s cost input data, including the reli-
ability of the Federal Aviation Administra-
tion’s source documents and the integrity
and reliability of the Federal Aviation Ad-
ministration’s data collection process.
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(ii) The Federal Aviation Administra-
tion’s system for tracking assets.
(iii) The Federal Aviation Administra-
tion’s bases for establishing asset values
and depreciation rates.
(iv) The Federal Aviation Administra-
tion’s system of internal controls for ensur-
ing the consistency and reliability of re-
ported data.
(v) The Federal Aviation Administra-
tion’s definition of the services to which
the Federal Aviation Administration ulti-
mately attributes its costs.
(vi) The cost pools used by the Fed-
eral Aviation Administration and the ra-
tionale for and reliability of the bases
which the Federal Aviation Administration
proposes to use in allocating costs of serv-
ices 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 Federal Aviation Ad-
ministration services or activities (called
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‘‘common and fixed costs’’ in the Federal
Aviation Administration Cost Allocation
Study) and consider alternative methods
for allocating such costs; and
(ii) perform appropriate tests to as-
sess relationships between costs in the var-
ious cost pools and activities and services
to which the costs are attributed by the
Federal Aviation Administration.
(D) REPORTS.—The Inspector General
shall transmit to Congress an interim report
containing the results of the assessment con-
ducted under this paragraph not later than
March 31, 1999, and a final report containing
such results not later than December 31, 1999.
(3) COST EFFECTIVENESS.—
(A) IN GENERAL.—The Inspector General
shall assess the progress of the Federal Avia-
tion Administration in cost and performance
management, including use of internal and ex-
ternal benchmarking in improving the perform-
ance and productivity of the Federal Aviation
Administration.
(B) ANNUAL
REPORTS.—Not later than
December 31, 1999, and annually thereafter
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until December 31, 2003, the Inspector General
shall transmit to Congress an updated report
containing the results of the assessment con-
ducted under this paragraph.
(C) INFORMATION
TO
BE
INCLUDED
IN
FAA
FINANCIAL
REPORT.—The Administrator
shall include in the annual financial report of
the Federal Aviation Administration informa-
tion 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) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,600,000 for fiscal year 1999.
SEC. 818. ELIMINATION OF BACKLOG OF EQUAL EMPLOY-
MENT OPPORTUNITY COMPLAINTS.
(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal
year 1999, the Secretary of Transportation may hire or
contract for such additional personnel as may be necessary
to eliminate the backlog of pending equal employment op-
portunity complaints to the Department of Transportation
and to ensure that investigations of complaints are com-
pleted not later than 180 days after the date of initiation
of the investigation.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,000,000 for fiscal year 1999. Such sums shall remain
available until expended.
SEC. 819. NEWPORT NEWS, VIRGINIA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwith-
standing section 16 of the Federal Airport Act (as in ef-
fect on May 14, 1947), the Secretary shall, subject to sec-
tion 47153 of title 49, United States Code (as in effect
on June 1, 1998), and subsection (b) of this section, waive
with respect to airport property parcels that, according to
the airport layout plan for Newport News/Williamsburg
International Airport, are no longer required for airport
purposes from any term contained in the deed of convey-
ance dated May 14, 1947, under which the United States
conveyed such property to the Peninsula Airport Commis-
sion for airport purposes of the Commission.
(b) CONDITIONS.—Any waiver granted by the Sec-
retary under subsection (a) shall be subject to the follow-
ing conditions:
(1) The Peninsula Airport Commission shall
agree that, in leasing or conveying any interest in
the property with respect to which waivers are
granted under subsection (a), the Commission will
receive an amount that is equal to the fair lease
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value or the fair market value, as the case may be
(as determined pursuant to regulations issued by the
Secretary).
(2) Peninsula Airport Commission shall use any
amount so received only for the development, im-
provement, operation, or maintenance of Newport
News/Williamsburg International Airport.
SEC. 820. GRANT OF EASEMENT, LOS ANGELES, CALIFOR-
NIA.
The City of Los Angeles Department of Airports may
grant an easement to the California Department of Trans-
portation to lands required to provide sufficient right-of-
way to facilitate the construction of the California State
Route 138 bypass, as proposed by the California Depart-
ment of Transportation.
SEC. 821. REGULATION OF ALASKA AIR GUIDES.
The Administrator shall reissue the notice to opera-
tors originally published in the Federal Register on Janu-
ary 2, 1998, which advised Alaska guide pilots of the ap-
plicability of part 135 of title 14, Code of Federal Regula-
tions, to guide pilot operations. In reissuing the notice,
the Administrator shall provide for not less than 60 days
of public comment on the Federal Aviation Administration
action. If, notwithstanding the public comments, the Ad-
ministrator decides to proceed with the action, the Admin-
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istrator shall publish in the Federal Register a notice jus-
tifying the Administrator’s decision and providing at least
90 days for compliance.
SEC. 822. PUBLIC AIRCRAFT DEFINED.
Section 40102(a)(37)(B)(ii) is amended—
(1) in subclause (I) by striking ‘‘or’’ at the end;
(2) in subclause (II) by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(III) transporting (for other
than commercial purposes) govern-
ment officials whose presence is re-
quired to inspect the scene of a major
disaster or emergency.’’.
TITLE IX—NATIONAL PARKS AIR
TOUR MANAGEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘National Parks Air
Tour Management Act of 1998’’.
SEC. 902. FINDINGS.
Congress finds that—
(1) the Federal Aviation Administration has
sole authority to control airspace over the United
States;
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(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the envi-
ronment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights of public
and tribal lands;
(3) the National Park Service has the respon-
sibility of conserving the scenery and natural and
historic objects and wildlife in national parks and of
providing for the enjoyment of the national parks in
ways that leave the national parks unimpaired for
future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the mainte-
nance of the natural and cultural resources of In-
dian tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, commercial air
tour, environmental, and Native American represent-
atives, recommended that the Congress enact legisla-
tion based on the Group’s consensus work product;
and
(6) this title reflects the recommendations made
by that Group.
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SEC. 903. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
–(a) IN GENERAL.—Chapter 401 of title 49, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 40125. Overflights of national parks
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial air
tour operations over a national park (including tribal
lands) except—
‘‘(A) in accordance with this section;
‘‘(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
‘‘(C) in accordance with any applicable air
tour management plan for the park.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before
commencing commercial air tour operations
over a national park (including tribal lands), a
commercial air tour operator shall apply to the
Administrator for authority to conduct the op-
erations over the park.
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‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever an air tour man-
agement plan limits the number of commercial
air tour operations over a national park during
a specified time frame, the Administrator, in
cooperation with the Director, shall issue oper-
ation specifications to commercial air tour oper-
ators that conduct such operations. The oper-
ation specifications shall include such terms and
conditions as the Administrator and the Direc-
tor find necessary for management of commer-
cial air tour operations over the park. The Ad-
ministrator, in cooperation with the Director,
shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over
the park. In making a selection from among
various proposals submitted, the Administrator,
in cooperation with the Director, shall consider
relevant factors, including—
‘‘(i) the safety record of the person
submitting the proposal or pilots employed
by the person;
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‘‘(ii) any quiet aircraft technology pro-
posed to be used by the person submitting
the proposal;
‘‘(iii) the experience of the person sub-
mitting the proposal with commercial air
tour operations over other national parks
or scenic areas;
‘‘(iv) the financial capability of the
company;
‘‘(v) any training programs for pilots
provided by the person submitting the pro-
posal; and
‘‘(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of author-
izations to issue to provide commercial air tour
operations over a national park, the Adminis-
trator, in cooperation with the Director, shall
take into consideration the provisions of the air
tour management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
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operators, and the financial viability of each
commercial air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator, in cooperation with the Di-
rector, shall develop an air tour management
plan in accordance with subsection (b) and im-
plement such plan.
‘‘(3) EXCEPTION.—
‘‘(A) IN GENERAL.—If a commercial air
tour operator secures a letter of agreement
from the Administrator and the superintendent
for the national park that describes the condi-
tions under which the commercial air tour oper-
ation will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator
may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulaions, if such activity is permitted under
part 119 of such title.
‘‘(B) LIMIT ON EXCEPTIONS.—Not more
than 5 flights in any 30-day period over a sin-
gle national park may be conducted under this
paragraph.
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‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (c), an exist-
ing commercial air tour operator shall apply, not
later than 90 days after the date of enactment of
this section, for operating authority under part 119,
121, or 135 of title 14, Code of Federal Regulations.
A new entrant commercial air tour operator shall
apply for such authority before conducting commer-
cial air tour operations over a national park (includ-
ing tribal lands). The Administrator shall act on any
such application for a new entrant and issue a deci-
sion on the application not later than 24 months
after it is received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an
air tour management plan for any national park
(including tribal lands) for which such a plan is
not in effect whenever a person applies for au-
thority to conduct a commercial air tour oper-
ation over the park. The air tour management
plan shall be developed by means of a public
process in accordance with paragraph (4).
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‘‘(B) OBJECTIVE.—The objective of any
air tour management plan shall be to develop
acceptable and effective measures to mitigate or
prevent the significant adverse impacts, if any,
of commercial air tours upon the natural and
cultural resources, visitor experiences, and trib-
al lands.
‘‘(2) ENVIRONMENTAL
DETERMINATION.—In
establishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a
finding of no significant impact, an environmental
assessment, and an environmental impact statement)
and the record of decision for the air tour manage-
ment plan.
‘‘(3) CONTENTS.—An air tour management
plan for a national park—
‘‘(A) may limit or prohibit commercial air
tour operations;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour operation routes, maxi-
mum or minimum altitudes, time-of-day restric-
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tions, restrictions for particular events, maxi-
mum number of flights per unit of time, intru-
sions on privacy on tribal lands, and mitigation
of adverse noise, visual, or other impacts;
‘‘(C) may apply to all commercial air tour
operations;
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour operation routes and
altitudes and relief from flight caps and cur-
fews) for the adoption of quiet aircraft tech-
nology by commercial air tour operators con-
ducting commercial air tour operations over the
park;
‘‘(E) shall provide a system for allocating
opportunities to conduct commercial air tours if
the air tour management plan includes a limita-
tion on the number of commercial air tour oper-
ations for any time period; and
‘‘(F) shall justify and document the need
for measures taken pursuant to subparagraphs
(A) through (E) and include such justifications
in the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour
management plan for a national park (including
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tribal lands), the Administrator and the Director
shall—
‘‘(A) hold at least one public meeting with
interested parties to develop the air tour man-
agement plan;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the
public;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8
of title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a cooperat-
ing agency under the regulations referred to in
subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour manage-
ment plan developed under this subsection shall be
subject to judicial review.
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‘‘(6) AMENDMENTS.—The Administrator, in co-
operation with the Director, may make amendments
to an air tour management plan. Any such amend-
ments shall be published in the Federal Register for
notice and comment. A request for amendment of an
air tour management plan shall be made in such
form and manner as the Administrator may pre-
scribe.
‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR
OPERATION STATUS.—In making a determination of
whether a flight is a commercial air tour operation, the
Administrator may consider—
‘‘(1) whether there was a holding out to the
public of willingness to conduct a sightseeing flight
for compensation or hire;
‘‘(2) whether a narrative that referred to areas
or points of interest on the surface below the route
of the flight was provided by the person offering the
flight;
‘‘(3) the area of operation;
‘‘(4) the frequency of flights conducted by the
person offering the flight;
‘‘(5) the route of flight;
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‘‘(6) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the
person offering the flight;
‘‘(7) whether the flight would have been can-
celed based on poor visibility of the surface below
the route of the flight; and
‘‘(8) any other factors that the Administrator
considers appropriate.
‘‘(d) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park (including tribal
lands) for which the operator is an existing commer-
cial air tour operator.
‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim operating authority granted under this sub-
section—
‘‘(A) shall provide annual authorization
only for the greater of—
‘‘(i) the number of flights used by the
operator to provide such tours within the
12-month period prior to the date of enact-
ment of this section; or
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‘‘(ii) the average number of flights per
12-month period used by the operator to
provide such tours within the 36-month pe-
riod prior to such date of enactment, and,
for seasonal operations, the number of
flights so used during the season or sea-
sons covered by that 12-month period;
‘‘(B) may not provide for an increase in
the number of commercial air tour operations
conducted during any time period by the com-
mercial air tour operator above the number that
the air tour operator was originally granted un-
less such an increase is agreed to by the Ad-
ministrator and the Director;
‘‘(C) shall be published in the Federal Reg-
ister to provide notice and opportunity for com-
ment;
‘‘(D) may be revoked by the Administrator
for cause;
‘‘(E) shall terminate 180 days after the
date on which an air tour management plan is
established for the park or the tribal lands;
‘‘(F) shall promote protection of national
park resources, visitor experiences, and tribal
lands;