H. R. 1000—100
‘‘(c) SHARING OF INFORMATION.—The Secretary and the Sec-
retary of Agriculture shall enter into a memorandum of under-
standing to ensure the sharing of information that the Secretary
receives under subsection (a).
‘‘(d) PUBLICATION OF DATA.—The Secretary shall publish data
on incidents and complaints involving the loss, injury, or death
of an animal during air transport in a manner comparable to
other consumer complaint and incident data.
‘‘(e) AIR TRANSPORT.—For purposes of this section, the air trans-
port of an animal includes the entire period during which an animal
is in the custody of an air carrier, from check-in of the animal
prior to departure until the animal is returned to the owner or
guardian of the animal at the final destination of the animal.’’.
(b) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is further amended by adding at the end the following:
‘‘41721. Reports by carriers on incidents involving animals during air transpor-
tation.’’.
SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking ‘‘after’’ and all that follows
and inserting ‘‘after December 31, 2003.’’.
SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.
Section 44502(a) is amended by adding at the end the following:
‘‘(5) IMPROVEMENTS ON LEASED PROPERTIES.—The Adminis-
trator may make improvements to real property leased for
no or nominal consideration 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 improvements primarily benefit the Govern-
ment;
‘‘(B) the improvements are essential for accomplish-
ment of the mission of the Federal Aviation Administration;
and
‘‘(C) the interest of the United States Government in
the improvements is protected.’’.
SEC. 713. HUMAN FACTORS PROGRAM.
(a) IN GENERAL.—Chapter 445 is amended by adding at the
end the following:
‘‘§ 44516. Human factors program
‘‘(a) HUMAN FACTORS TRAINING.—
‘‘(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the
Federal Aviation Administration shall—
‘‘(A) address the problems and concerns raised by the
National Research Council in its report ‘The Future of
Air Traffic Control’ on air traffic control automation; and
‘‘(B) respond to the recommendations made by the
National Research Council.
‘‘(2) PILOTS AND FLIGHT CREWS.—The Administrator shall
work with representatives of the aviation industry and appro-
priate aviation programs associated with universities to develop
specific training curricula to address critical safety problems,
including problems of pilots—
‘‘(A) in recovering from loss of control of an aircraft,
including handling unusual attitudes and mechanical mal-
functions;
H. R. 1000—101
‘‘(B) in deviating from standard operating procedures,
including inappropriate responses to emergencies and haz-
ardous weather;
‘‘(C) in awareness of altitude and location relative to
terrain to prevent controlled flight into terrain; and
‘‘(D) in landing and approaches, including nonprecision
approaches and go-around procedures.
‘‘(b) TEST PROGRAM.—The Administrator shall establish a test
program in cooperation with air carriers to use model Jeppesen
approach plates or other similar tools to improve precision-like
landing approaches for aircraft.
‘‘(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this section, the Administrator shall transmit to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the Administra-
tion’s efforts to encourage the adoption and implementation of
advanced qualification programs for air carriers under this section.
‘‘(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this sec-
tion, the term ‘advanced qualification program’ means an alter-
native method for qualifying, training, certifying, and ensuring
the competency of flight crews and other commercial aviation oper-
ations personnel subject to the training and evaluation require-
ments of parts 121 and 135 of title 14, Code of Federal Regulations.’’.
(b) AUTOMATION AND ASSOCIATED TRAINING.—Not later than
12 months after the date of the enactment of this Act, the Adminis-
trator shall complete updating training practices for flight deck
automation and associated training requirements.
(c) CONFORMING AMENDMENT.—The analysis for chapter 445
is further amended by adding at the end the following:
‘‘44516. Human factors program.’’.
SEC. 714. 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 following:
‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBIL-
ITIES.—
‘‘(1) IN GENERAL.—Notwithstanding the provisions 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 exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
‘‘(2) RELINQUISHMENT
AND
ACCEPTANCE
OF
RESPONSI-
BILITY.—The Administrator relinquishes responsibility with
respect to the functions and duties transferred by the Adminis-
trator as specified in the bilateral agreement, under the Articles
listed in paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad and accepts
responsibility with respect to the functions and duties under
those Articles for aircraft registered abroad and described in
paragraph (4)(B) that are transferred to the United States.
H. R. 1000—102
‘‘(3) CONDITIONS.—The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems nec-
essary and prudent, except that the Administrator may not
transfer responsibilities for United States registered aircraft
described in paragraph (4)(A) to a country that the Adminis-
trator 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 oper-
ated pursuant to 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 another country; and
‘‘(B) aircraft registered in a foreign country and oper-
ated under an agreement for the lease, charter, or inter-
change 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 residence
in the United States.’’.
SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended—
(1) by redesignating subsections (c) through (f ) as sub-
sections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) PUBLIC INFORMATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, the information contained
in the records of contents of any airman certificate issued
under this section that is limited to an airman’s name, address,
and ratings held shall be made available to the public after
the 120th day following the date of the enactment of the Wen-
dell H. Ford Aviation Investment and Reform Act for the 21st
Century.
‘‘(2) OPPORTUNITY
TO
WITHHOLD
INFORMATION.—Before
making any information concerning an airman available to
the public under paragraph (1), the airman shall be given
an opportunity to elect that the information not be made avail-
able to the public.
‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.—
Not later than 60 days after the date of the enactment of
the Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century, the Administrator shall develop and imple-
ment, in cooperation with representatives of the aviation
industry, a one-time written notification to airmen to set forth
the implications of making information concerning an airman
available to the public under paragraph (1) and to carry out
paragraph (2). The Administrator shall also provide such writ-
ten notification to each individual who becomes an airman
after such date of enactment.’’.
SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.
Section 44709(e) is amended to read as follows:
‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—
H. R. 1000—103
‘‘(1) IN
GENERAL.—When a person files an appeal with
the Board under subsection (d), the order of the Administrator
is stayed.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the order
of the Administrator is effective immediately if the Adminis-
trator advises the Board that an emergency exists and safety
in air commerce or air transportation requires the order to
be effective immediately.
‘‘(3) REVIEW OF EMERGENCY ORDER.—A person affected by
the immediate effectiveness of the Administrator’s order under
paragraph (2) may petition for a review by the Board, under
procedures promulgated by the Board, of the Administrator’s
determination that an emergency exists. Any such review shall
be requested not later than 48 hours after the order is received
by the person. If the Board finds that an emergency does
not exist that requires the immediate application of the order
in the interest of safety in air commerce or air transportation,
the order shall be stayed, notwithstanding paragraph (2). The
Board shall dispose of a review request under this paragraph
not later than 5 days after the date on which the request
is filed.
‘‘(4) FINAL
DISPOSITION.—The Board shall make a final
disposition of an appeal under subsection (d) not later than
60 days after the date on which the appeal is filed.’’.
SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the following:
‘‘(f ) GOVERNMENT
AND INDUSTRY CONSORTIA.—The Adminis-
trator may establish at airports such consortia of government and
aviation industry representatives as the Administrator may des-
ignate to provide advice on matters related to aviation security
and safety. Such consortia shall not be considered Federal advisory
committees for purposes of the Federal Advisory Committee Act
(5 U.S.C. App.).’’.
SEC. 718. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ‘‘shall’’ and inserting
‘‘should’’.
SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.
Section 45301 is amended—
(1) by striking subsection (a)(2) and inserting the following:
‘‘(2) Services (other than air traffic control services) pro-
vided to a foreign government or services provided to any
entity obtaining services outside the United States, except that
the Administrator shall not impose fees in any manner for
production-certification related service performed outside the
United States pertaining to aeronautical products manufac-
tured outside the United States.’’; and
(2) by adding at the end the following:
‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED.—
In this section, the term ‘production-certification related service’
has the meaning given that term in appendix C of part 187 of
title 14, Code of Federal Regulations.’’.
SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.
Section 46301 is amended—
(1) in subsection (a)(1)(A) by striking ‘‘46302, 46303, or’’;