Public Law 103-411

--H.R.2440--
H.R.2440

One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twenty-fifth day of January, one thousand nine hundred and ninety-four.

An Act

To amend the Independent Safety Board Act of 1974 to authorize appropriations for fiscal years 1994, 1995, and 1996, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE OPERATION OF PUBLIC AIRCRAFT.

(a) DEFINITION OF PUBLIC AIRCRAFT- Section 40102(a)(37) of title 49, United States Code, is amended by striking subparagraph (B) and inserting the following:

(B) does not include a government-owned aircraft--

(i) transporting property for commercial purposes; or

(ii) transporting passengers other than--

(I) transporting (for other than commercial purposes) crewmembers or other persons aboard the aircraft whose presence is required to perform, or is associated with the performance of, a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management; or

(II) transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is operated by the Armed Forces or an intelligence agency of the United States.

An aircraft described in the preceding sentence shall, notwithstanding any limitation relating to use of the aircraft for commercial purposes, be considered to be a public aircraft for the purposes of this part without regard to whether the aircraft is operated by a unit of government on behalf of another unit of government, pursuant to a cost reimbursement agreement between such units of government, if the unit of government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation was necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator was reasonably available to meet the threat.'.

(b) AUTHORITY TO GRANT EXEMPTIONS-

(1) IN GENERAL- The Administrator of the Federal Aviation Administration may grant an exemption to any unit of Federal, State, or local government from any requirement of part A of subtitle VII of title 49, United States Code, that would otherwise be applicable to current or future aircraft of such unit of government as a result of the amendment made by subsection (a) of this section.

(2) REQUIREMENTS- The Administrator may grant an exemption under paragraph (1) only if--

(A) the Administrator finds that granting the exemption is necessary to prevent an undue economic burden on the unit of government; and
(B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe operations of the type of aircraft operated by the unit of government.

(c) INVESTIGATIVE AUTHORITY OF BOARD-

(1) ACCIDENTS INVOLVING PUBLIC AIRCRAFT- Section 1131(a)(1)(A) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: `or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States'.

(2) DUTIES AND POWERS- Section 1131 of title 49, United States Code, is amended--

(A) by redesignating subsection (d) as subsection (e); and

(B) by inserting after subsection (c) the following:

(d) ACCIDENTS INVOLVING PUBLIC AIRCRAFT- The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(b)(2) of this title.'.

(e) EFFECTIVE DATE- The amendments made by subsections (a) and (c) shall take effect on the 180th day following the date of the enactment of this Act.

Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.

END