H. R. 1000—96
‘‘(3) QUALIFIED
NON-CREWMEMBER.—The term ‘qualified
non-crewmember’ means an individual, other than a member
of the crew, aboard an aircraft—
‘‘(A) operated by the armed forces or an intelligence
agency of the United States Government; or
‘‘(B) whose presence is required to perform, or is associ-
ated with the performance of, a governmental function.
‘‘(4) ARMED
FORCES.—The term ‘armed forces’ has the
meaning given such term by section 101 of title 10.
‘‘(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described
in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does
not qualify as a public aircraft under such section when the aircraft
is used for commercial purposes or to carry an individual other
than a crewmember or a qualified non-crewmember.
‘‘(c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2), an aircraft
described in section 40102(a)(37)(E) qualifies as a public aircraft
if—
‘‘(A) the aircraft is operated in accordance with title
10;
‘‘(B) the aircraft is operated in the performance of
a governmental function under title 14, 31, 32, or 50 and
the aircraft is not used for commercial purposes; or
‘‘(C) the aircraft is chartered to provide transportation
to the armed forces and the Secretary of Defense (or the
Secretary of the department in which the Coast Guard
is operating) designates the operation of the aircraft as
being required in the national interest.
‘‘(2) LIMITATION.—An aircraft that meets the criteria set
forth in paragraph (1) and that is owned or operated by the
National Guard of a State, the District of Columbia, or any
territory or possession of the United States, qualifies as a
public aircraft only to the extent that it is operated under
the direct control of the Department of Defense.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
401 is amended by adding at the end the following:
‘‘40125. Qualifications for public aircraft status.’’.
(c) SAFETY OF PUBLIC AIRCRAFT.—
(1) STUDY.—The National Transportation Safety Board
shall conduct a study to compare the safety of public aircraft
and civil aircraft. In conducting the study, the Board shall
review safety statistics on aircraft operations since 1993.
(2) REPORT.—Not later than 6 months after the date of
the enactment of this Act, the National Transportation Safety
Board shall transmit to Congress a report containing the results
of the study conducted under paragraph (1).
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.
Section 40110 (as amended by section 307(b) of this Act) is
further amended by adding at the end the following:
‘‘(e) PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.—
‘‘(1) GENERAL RULE.—Except as provided in paragraph (2),
a proposal in the possession or control of the Administrator
may not be made available to any person under section 552
of title 5.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any por-
tion of a proposal of an offeror the disclosure of which is
H. R. 1000—97
authorized by the Administrator pursuant to procedures pub-
lished in the Federal 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 before the 60th day following the date of such
publication.
‘‘(3) PROPOSAL DEFINED.—In this subsection, the term ‘pro-
posal’ means information contained in or originating from any
proposal, including a technical, management, or cost proposal,
submitted by an offeror in response to the requirements of
a solicitation for a competitive proposal.’’.
SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.
(a) IN GENERAL.—The Administrator may carry out a pilot
program in fiscal years 2001 through 2003 to test and evaluate
the benefits of long-term contracts for the leasing of aviation equip-
ment and facilities.
(b) PERIOD OF CONTRACTS.—Notwithstanding any other provi-
sion of law, the Administrator may enter into a contract under
the program to lease aviation equipment or facilities for a period
of greater than 5 years.
(c) NUMBER OF CONTRACTS.—The Administrator may not enter
into more that 10 contracts under the program.
(d) TYPES OF CONTRACTS.—The contracts to be evaluated under
the program may include contracts for telecommunication services
that are provided through the use of a satellite, requirements
related to oceanic and air traffic control, air-to-ground radio commu-
nications, and air traffic control tower construction.
SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING
FISCAL YEARS.
(a) IN GENERAL.—Chapter 401 (as amended by section 702(b)
of this Act) is further amended by adding at the end the following:
‘‘§ 40126. Severable services contracts for periods crossing
fiscal years
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration may enter into a contract for procurement of sever-
able services for a period that begins in 1 fiscal year and ends
in the next fiscal year if (without regard to any option to extend
the period of the contract) the contract period does not exceed
1 year.
‘‘(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal
year may be obligated for the total amount of a contract entered
into under the authority of subsection (a).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
is amended by adding at the end the following:
‘‘40126. Severable services contracts for periods crossing fiscal years.’’.
SEC. 706. PROHIBITIONS ON DISCRIMINATION.
(a) IN GENERAL.—Chapter 401 (as amended by section 705
of this Act) is further amended by adding at the end the following:
‘‘§ 40127. Prohibitions on discrimination
‘‘(a) PERSONS IN AIR TRANSPORTATION.—An air carrier or foreign
air carrier may not subject a person in air transportation to
H. R. 1000—98
discrimination on the basis of race, color, national origin, religion,
sex, or ancestry.
‘‘(b) USE OF PRIVATE AIRPORTS.—Notwithstanding any other
provision of law, no State or local government may prohibit the
use or full enjoyment of a private airport within its jurisdiction
by any person on the basis of that person’s race, color, national
origin, religion, sex, or ancestry.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
is further amended by adding at the end the following:
‘‘40127. Prohibitions on discrimination.’’.
SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.
(a) IN GENERAL.—Section 41705 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In providing’’;
(2) by striking ‘‘carrier’’ and inserting ‘‘carrier, including
(subject to section 40105(b)) any foreign air carrier,’’; and
(3) by adding at the end the following:
‘‘(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—For purposes
of section 46301(a)(3)(E), a separate violation occurs under this
section for each individual act of discrimination prohibited by sub-
section (a).
‘‘(c) INVESTIGATION OF COMPLAINTS.—
‘‘(1) IN
GENERAL.—The Secretary shall investigate each
complaint of a violation of subsection (a).
‘‘(2) PUBLICATION OF DATA.—The Secretary shall publish
disability-related complaint data in a manner comparable to
other consumer complaint data.
‘‘(3) REVIEW AND REPORT.—The Secretary shall regularly
review all complaints received by air carriers alleging discrimi-
nation on the basis of disability and shall report annually
to Congress on the results of such review.
‘‘(4) TECHNICAL ASSISTANCE.—Not later than 180 days after
the date of the enactment of this subsection, the Secretary
shall—
‘‘(A) implement a plan, in consultation with the Depart-
ment of Justice, the United States Architectural and
Transportation Barriers Compliance Board, and the
National Council on Disability, to provide technical assist-
ance to air carriers and individuals with disabilities in
understanding the rights and responsibilities set forth in
this section; and
‘‘(B) ensure the availability and provision of appro-
priate technical assistance manuals to individuals and enti-
ties with rights or responsibilities under this section.’’.
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section
504(b) of this Act) is further amended by adding at the end the
following:
‘‘(E) a violation of section 41705, relating to discrimination
against handicapped individuals.’’.
(c) ESTABLISHMENT OF HIGHER INTERNATIONAL STANDARDS.—
The Secretary shall work with appropriate international organiza-
tions and the aviation authorities of other nations to bring about
the establishment of higher standards for accommodating handi-
capped passengers in air transportation, particularly with respect
to foreign air carriers that code-share with air carriers.
H. R. 1000—99
SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.
(a) IN GENERAL.—Section 41706 is amended to read as follows:
‘‘§ 41706. Prohibitions against smoking on scheduled flights
‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE AIR
TRANSPORTATION.—An individual may not smoke in an aircraft
in scheduled passenger interstate air transportation or scheduled
passenger intrastate air transportation.
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.—
The Secretary of Transportation shall require all air carriers and
foreign air carriers to prohibit smoking in any aircraft in scheduled
passenger foreign air transportation.
‘‘(c) LIMITATION ON APPLICABILITY.—
‘‘(1) IN GENERAL.—If a foreign government objects to the
application of subsection (b) on the basis that subsection (b)
provides for an extraterritorial application of the laws of the
United States, the Secretary shall waive the application of
subsection (b) to a foreign air carrier licensed by that foreign
government at such time as an alternative prohibition nego-
tiated under paragraph (2) becomes effective and is enforced
by the Secretary.
‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant to paragraph
(1), a foreign government objects to the prohibition under sub-
section (b), the Secretary shall enter into bilateral negotiations
with the objecting foreign government to provide for an alter-
native smoking prohibition.
‘‘(d) REGULATIONS.—The Secretary shall prescribe such regula-
tions as are necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is 60 days after the date of
the enactment of this Act.
SEC. 709. JOINT VENTURE AGREEMENT.
Section 41720, as redesignated by section 231(b)(1) of this Act,
is amended by striking ‘‘an agreement entered into by a major
air carrier’’ and inserting ‘‘an agreement between two or more
major air carriers’’.
SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS
DURING AIR TRANSPORT.
(a) IN GENERAL.—Subchapter I of chapter 417 (as amended
by section 231(b) of this Act) is further amended by adding at
the end the following:
‘‘§ 41721. Reports by carriers on incidents involving animals
during air transport
‘‘(a) IN GENERAL.—An air carrier that provides scheduled pas-
senger air transportation shall submit monthly to the Secretary
a report on any incidents involving the loss, injury, or death of
an animal (as defined by the Secretary of Transportation) during
air transport provided by the air carrier. The report shall be in
such form and contain such information as the Secretary determines
appropriate.
‘‘(b) TRAINING
OF AIR CARRIER EMPLOYEES.—The Secretary
shall work with air carriers to improve the training of employees
with respect to the air transport of animals and the notification
of passengers of the conditions under which the air transport of
animals is conducted.