II

106TH CONGRESS

1ST SESSION S. 1174

To amend title 49, United States Code, to reauthorize programs of the

Federal Aviation Administration, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. REID introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Aviation Investment and Reform Act for the 21st Cen6 tury’’.

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to title 49, United States Code.

Sec. 3. Administrator defined.

TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS
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Subtitle A—Funding

Sec. 101. Airport improvement program.

Sec. 102. Airway facilities improvement program.

Sec. 103. FAA operations.

Sec. 104. Aviation safety accelerated program.

Sec. 105. AIP formula changes.

Sec. 106. Passenger facility fees.

Sec. 107. Budget submission.

Subtitle B—Airport Development

Sec. 121. Runway incursion prevention devices; emergency call boxes.

Sec. 122. Windshear detection equipment.

Sec. 123. Enhanced vision technologies.

Sec. 124. Pavement maintenance.

Sec. 125. Competition plans.

Sec. 126. Matching share.

Sec. 127. Letters of intent.

Sec. 128. Grants from small airport fund.

Sec. 129. Discretionary use of unused apportionments.

Sec. 130. Designating current and former military airports.

Sec. 131. Contract tower cost-sharing.

Sec. 132. Innovative use of airport grant funds.

Sec. 133. Airport security program.

Sec. 134. Inherently low-emission airport vehicle pilot program.

Sec. 135. Technical amendments.

Sec. 136. Conveyances of surplus property for public airports.

Subtitle C—Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.

Sec. 152. Terminal development costs.

Sec. 153. General facilities authority.

Sec. 154. Denial of airport access to certain air carriers.

Sec. 155. Construction of runways.

Sec. 156. Use of recycled materials.

TITLE II—AIRLINE SERVICE IMPROVEMENTS

Subtitle A—Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.

Sec. 202. Funding for air carrier service to airports not receiving sufficient

service.

Sec. 203. Waiver of local contribution.

Sec. 204. Policy for air service to rural areas.

Sec. 205. Determination of distance from hub airport.

Subtitle B—Regional Air Service Incentive Program

Sec. 211. Establishment of regional air service incentive program.

Sec. 212. Authorization of appropriations.

TITLE III—FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.

Sec. 302. Air Traffic Control Oversight Board.
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Sec. 303. Chief Operating Officer.

Sec. 304. Federal Aviation Management Advisory Council.

Sec. 305. Environmental streamlining.

Sec. 306. Clarification of regulatory approval process.

Sec. 307. Independent study of FAA costs and allocations.

TITLE IV—FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.

Sec. 402. Air carrier plans.

Sec. 403. Foreign air carrier plans.

Sec. 404. Applicability of Death on the High Seas Act.

TITLE V—SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.

Sec. 502. Records of employment of pilot applicants.

Sec. 503. Whistleblower protection for FAA employees.

Sec. 504. Safety risk mitigation programs.

Sec. 505. Flight operations quality assurance rules.

Sec. 506. Small airport certification.

Sec. 507. Life-limited aircraft parts.

Sec. 508. FAA may fine unruly passengers.

Sec. 509. Report on air transportation oversight system.

Sec. 510. Airplane emergency locators.

TITLE VI—WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.

Sec. 602. Civil penalty.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.

Sec. 702. Public aircraft.

Sec. 703. Prohibition on release of offeror proposals.

Sec. 704. Multiyear procurement contracts.

Sec. 705. Federal Aviation Administration personnel management system.

Sec. 706. Nondiscrimination in airline travel.

Sec. 707. Joint venture agreement.

Sec. 708. Extension of war risk insurance program.

Sec. 709. General facilities and personnel authority.

Sec. 710. Implementation of article 83 bis of the Chicago Convention.

Sec. 711. Public availability of airmen records.

Sec. 712. Appeals of emergency revocations of certificates.

Sec. 713. Government and industry consortia.

Sec. 714. Passenger manifest.

Sec. 715. Cost recovery for foreign aviation services.

Sec. 716. Technical corrections to civil penalty provisions.

Sec. 717. Waiver under Airport Noise and Capacity Act.

Sec. 718. Metropolitan Washington Airport Authority.

Sec. 719. Acquisition management system.

Sec. 720. Centennial of Flight Commission.

Sec. 721. Repeal of mail rate-setting authority.

Sec. 722. Aircraft situational display data.

Sec. 723. Elimination of backlog of equal employment opportunity complaints.

Sec. 724. Newport News, Virginia.
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Sec. 725. Grant of easement, Los Angeles, California.

Sec. 726. Regulation of Alaska guide pilots.

Sec. 727. Pilot program for capital leasing contracts.

Sec. 728. Aircraft repair and maintenance advisory panel.

Sec. 729. Operations of air taxi industry.

Sec. 730. Sense of Congress concerning completion of comprehensive national

airspace redesign.

Sec. 731. Compliance with requirements.

Sec. 732. Aircraft noise levels at airports.

Sec. 733. FAA consideration of certain State proposals.

TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.

Sec. 802. Findings.

Sec. 803. Air tour management plans for national parks.

Sec. 804. Advisory group.

Sec. 805. Reports.

Sec. 806. Exemptions.

Sec. 807. Definitions.

TITLE IX—TRUTH IN BUDGETING

Sec. 901. Short title.

Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.

Sec. 903. Safeguards against deficit spending out of Airport and Airway Trust

Fund.

Sec. 904. Applicability.

TITLE X—AVIATION SPENDING GUARANTEE

Sec. 1001. Discretionary spending categories.

Sec. 1002. Budget estimates.

Sec. 1003. Guaranteed expenditure of aviation revenue.

1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion of law, the reference shall be considered to be made

6 to a section or other provision of title 49, United States

7 Code.

8 SEC. 3. ADMINISTRATOR DEFINED.

9 In this Act, the term ‘‘Administrator’’ means the Ad10 ministrator of the Federal Aviation Administration.
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1 TITLE I—AIRPORT AND AIRWAY

2 IMPROVEMENTS

3 Subtitle A—Funding

4 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

6 48103 is amended by striking ‘‘shall be $1,205,000,000’’

7 and all that follows through the period at the end and

8 inserting the following: ‘‘shall be—

9 ‘‘(1) $2,410,000,000 for fiscal year 1999; and

10 ‘‘(2) $5,000,000,000 for each of fiscal years

11 2000 through 2004.’’.

12 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c)

13 is amended by striking ‘‘March 31, 1999,’’ and inserting

14 ‘‘September 30, 2004,’’.

15 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

16 (a) GENERAL AUTHORIZATION AND APPROPRIA17 TIONS.—Section 48101(a) is amended by striking para18 graphs (1) and (2) and inserting the following:

19 ‘‘(1) $2,131,000,000 for fiscal year 1999.

20 ‘‘(2) $3,000,000,000 for fiscal year 2000.

21 ‘‘(3) $3,200,000,000 for each of fiscal years

22 2001 through 2004.’’.

23 (b) UNIVERSAL ACCESS SYSTEMS.—Section 48101 is

24 amended by adding at the end the following:
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1 ‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts

2 appropriated under subsection (a) for fiscal year 2000,

3 $8,000,000 may be used for the voluntary purchase and

4 installation of universal access systems.’’.

5 SEC. 103. FAA OPERATIONS.

6 (a) AUTHORIZATION OF APPROPRIATIONS FROM

7 GENERAL FUND.—Section 106(k) is amended—

8 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

9 ‘‘There’’;

10 (2) in paragraph (1) (as designated by para11 graph (1) of this subsection) by striking ‘‘the Ad12 ministration’’ and all that follows through the period

13 at the end and inserting the following: ‘‘the

14 Administration—

15 ‘‘(A) $5,632,000,000 for fiscal year 1999;

16 ‘‘(B) $6,096,000,000 for fiscal year 2000;

17 ‘‘(C) $6,675,000,000 for fiscal year 2001;

18 ‘‘(D) $7,310,000,000 for fiscal year 2002;

19 ‘‘(E) $8,004,000,000 for fiscal year 2003;

20 and

21 ‘‘(F) $8,764,000,000 for fiscal year

22 2004.’’;

23 (3) by adding at the end the following:
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1 ‘‘(2) AUTHORIZED EXPENDITURES.—Of the

2 amounts appropriated under paragraph (1) for fiscal

3 years 2000 through 2004—

4 ‘‘(A) $450,000 per fiscal year may be used

5 for wildlife hazard mitigation measures and

6 management of the wildlife strike database of

7 the Federal Aviation Administration;

8 ‘‘(B) such sums as may be necessary may

9 be used to fund an office within the Federal

10 Aviation Administration dedicated to supporting

11 infrastructure systems development for both

12 general aviation and the vertical flight industry;

13 ‘‘(C) such sums as may be necessary may

14 be used to revise existing terminal and en route

15 procedures and instrument flight rules to facili16 tate the takeoff, flight, and landing of tiltrotor

17 aircraft and to improve the national airspace

18 system by separating such aircraft from con19 gested flight paths of fixed-wing aircraft;

20 ‘‘(D) such sums as may be necessary may

21 be used to establish helicopter approach proce22 dures using current technologies (such as the

23 Global Positioning System) to support all24 weather, emergency medical service for trauma

25 patients;
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1 ‘‘(E) $3,000,000 per fiscal year may be

2 used to implement the 1998 airport surface op3 erations safety action plan of the Federal Avia4 tion Administration;

5 ‘‘(F) $2,000,000 per fiscal year may be

6 used to support a university consortium estab7 lished to provide an air safety and security

8 management certificate program, working coop9 eratively with United States air carriers; except

10 that funds under this subparagraph—

11 ‘‘(i) may not be used for the construc12 tion of a building or other facility; and

13 ‘‘(ii) may only be awarded on the

14 basis of open competition; and

15 ‘‘(G) such sums as may be necessary may

16 be used to develop or improve training pro17 grams (including model training programs and

18 curriculum) for security screeners at airports.’’;

19 and

20 (4) by indenting paragraph (1) (as designated

21 by paragraph (1) of this subsection) and aligning

22 such paragraph (1) with paragraph (2) (as added by

23 paragraph (2) of this subsection).
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1 (b) AUTHORIZATION OF APPROPRIATIONS FROM

2 TRUST FUND.—Section 48104 is amended by striking

3 subsections (b) and (c) and inserting the following:

4 ‘‘(b) LIMITATION FOR FISCAL YEAR 1999.—The

5 amount appropriated from the Trust Fund for the pur6 poses of paragraphs (1) and (2) of subsection (a) for fiscal

7 year 1999 may not exceed the lesser of—

8 ‘‘(1) 50 percent of the amount of funds made

9 available under sections 48101 through 48103 for

10 such fiscal year; or

11 ‘‘(2)(A) 72.5 percent of the amount of funds

12 made available under sections 106(k) and 48101

13 through 48103 for such fiscal year; less

14 ‘‘(B) the amount of funds made available under

15 sections 48101 through 48103 for such fiscal year.

16 ‘‘(c) LIMITATION FOR FISCAL YEARS 2000–2004.—

17 The amount appropriated from the Trust Fund for the

18 purposes of paragraphs (1) and (2) of subsection (a) for

19 each of fiscal years 2000 through 2004 may not exceed—

20 ‘‘(1) 70 percent of the FAA guaranteed spend21 ing levels for budget resources under section 48302,

22 as adjusted, for such fiscal year; less

23 ‘‘(2) the amount of funds made available under

24 sections 48101 through 48103 and 48112 for such

25 fiscal year.’’.
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1 (c) LIMITATION ON OBLIGATING OR EXPENDING

2 AMOUNTS.—Section 48108(c) is amended by striking

3 ‘‘1998’’ and inserting ‘‘2004’’.

4 SEC. 104. AVIATION SAFETY ACCELERATED PROGRAM.

5 (a) FUNDING.—

6 (1) ESTABLISHMENT OF FUNDING LEVELS.—

7 Chapter 481 is amended by adding at the end the

8 following:

9 ‘‘§ 48112. Aviation safety accelerated program

10 ‘‘The total amounts which shall be available after

11 September 30, 1999, out of the Airport and Airway Trust

12 Fund established under section 9502 of the Internal Rev13 enue Code of 1986 to make grants for the aviation safety

14 accelerated program under section 47161 shall be—

15 ‘‘(1) $921,000,000 for fiscal year 2000;

16 ‘‘(2) $1,254,000,000 for fiscal year 2001;

17 ‘‘(3) $2,157,000,000 for fiscal year 2002;

18 ‘‘(4) $2,787,000,000 for fiscal year 2003; and

19 ‘‘(5) $3,125,000,000 for fiscal year 2004.’’.

20 (2) CONFORMING AMENDMENT.—The analysis

21 for chapter 481 is amended by adding at the end the

22 following:

‘‘48112. Aviation safety accelerated program.’’.

23 (b) ESTABLISHMENT OF PROGRAM.—

24 (1) IN GENERAL.—Chapter 471 is amended by

25 adding at the end the following:
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1 ‘‘SUBCHAPTER III—AVIATION SAFETY

2 ACCELERATED PROGRAM

3 ‘‘§ 47161. Project grant authority

4 ‘‘(a) GENERAL AUTHORITY.—To provide for the

5 aviation safety accelerated program, the Secretary of

6 Transportation may make project grants under this sub7 chapter from the Airport and Airway Trust Fund estab8 lished under section 9502 of the Internal Revenue Code

9 of 1986.

10 ‘‘(b) INCURRING OBLIGATIONS.—The Secretary may

11 incur obligations to make grants from amounts made

12 available for a fiscal year ending on or before September

13 30, 2004, under section 48112 beginning on the first day

14 of the fiscal year.

15 ‘‘§ 47162. Eligible projects

16 ‘‘Projects for the following purposes shall be eligible

17 for assistance under this subchapter:

18 ‘‘(1) Projects to provide substantial and imme19 diate benefits to reduce delays and congestion at air20 ports and in the air traffic control system.

21 ‘‘(2) Projects to construct airport improvements

22 or acquire air traffic equipment to enhance competi23 tion among air carriers at an airport.

24 ‘‘(3) Projects to enhance air service to small25 and medium-sized communities.
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1 ‘‘§ 47163. Allocation of amounts

2 ‘‘Of the total amount made available under section

3 48112 for a fiscal year—

4 ‘‘(1) not more than 35 percent may be used for

5 projects described in section 47162(1);

6 ‘‘(2) not more than 35 percent may be used for

7 projects described in section 47162(2); and

8 ‘‘(3) not more than 30 percent may be used for

9 projects described in section 47162(3).

10 ‘‘§ 47164. Procedural requirements

11 ‘‘The Secretary shall establish innovative methods for

12 processing, reviewing, and approving projects funded

13 under this subchapter in order to reduce, to the maximum

14 extent practicable, the time required from an applicant’s

15 request for project approval through the completion of the

16 project. In carrying out this section, the Secretary shall

17 incorporate best management practices used from similar

18 programs carried out by the Department of Transpor19 tation for other modes of transportation.’’.

20 (2) CONFORMING AMENDMENT.—The analysis

21 for chapter 471 is amended by adding at the end the

22 following:

‘‘SUBCHAPTER III—AVIATION SAFETY ACCELERATED PROGRAM

‘‘47161. Project grant authority.

‘‘47162. Eligible projects.

‘‘47163. Allocation of amounts.

‘‘47164. Procedural requirements.’’.
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1 SEC. 105. AIP FORMULA CHANGES.

2 (a) DISCRETIONARY FUND.—Section 47115 is

3 amended by striking subsections (g) and (h) and inserting

4 the following:

5 ‘‘(g) PRIORITY FOR LETTERS OF INTENT.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 the Secretary shall fulfill intentions to obligate under

8 section 47110(e) with amounts available in the fund

9 established by subsection (a) and, if such amounts

10 are not sufficient for a fiscal year, with amounts

11 made available to carry out sections 47114(c)(1)(A),

12 47114(c)(2), 47114(d), and 47117(e) on a pro rata

13 basis.

14 ‘‘(2) PROCEDURE.—Before apportioning funds

15 under sections 47114(c)(1)(A), 47114(c)(2),

16 47114(d), and 47117(e) of each fiscal year, the Sec17 retary shall determine the amount of funds that will

18 be necessary to fulfill intentions to obligate under

19 section 47110(e) in such fiscal year. If such amount

20 is greater than the amount of funds that will be

21 available in the fund established by subsection (a)

22 for such fiscal year, the Secretary shall reduce the

23 amount to be apportioned under such sections for

24 such fiscal year on a pro rata basis by an amount

25 equal to the difference.’’.
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1 (b) AMOUNTS APPORTIONED TO SPONSORS.—Section

2 47114(c)(1) is amended—

3 (1) in subparagraph (A) by striking clauses (i)

4 through (v) and inserting the following:

5 ‘‘(i) $23.40 for each of the first 50,000 pas6 senger boardings at the airport during the prior cal7 endar year;

8 ‘‘(ii) $15.60 for each of the next 50,000 pas9 senger boardings at the airport during the prior cal10 endar year;

11 ‘‘(iii) $7.80 for each of the next 400,000 pas12 senger boardings at the airport during the prior cal13 endar year;

14 ‘‘(iv) $1.95 for each of the next 500,000 pas15 senger boardings at the airport during the prior cal16 endar year; and

17 ‘‘(v) $1.50 for each additional passenger board18 ing at the airport during the prior calendar year.’’;

19 (2) in subparagraph (B) by striking ‘‘$500,000

20 nor more than $22,000,000’’ and inserting

21 ‘‘$1,500,000’’; and

22 (3) by adding at the end the following:

23 ‘‘(C) Notwithstanding subparagraph (A), the Sec24 retary shall apportion to an airport sponsor in a fiscal year
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1 an amount equal to the amount apportioned to that spon2 sor in the previous fiscal year if the Secretary finds that—

3 ‘‘(i) passenger boardings at the airport were

4 less than 10,000 in the calendar year used to cal5 culate the apportionment;

6 ‘‘(ii) the airport had at least 10,000 passenger

7 boardings in the calendar year prior to the calendar

8 year used to calculate the apportionment; and

9 ‘‘(iii) the cause of the decrease in passenger

10 boardings was a temporary but significant interrup11 tion in service by an air carrier to that airport due

12 to an employment action, natural disaster, or other

13 event unrelated to the demand for air transportation

14 at the airport.

15 ‘‘(D) The initial apportionment to a new airport

16 under subparagraph (A) shall be made on the basis of the

17 number of passenger boardings at the airport in the cal18 endar year that includes the first day of the fiscal year

19 for which the apportionment is being made.’’.

20 (c) CARGO ONLY AIRPORTS.—Section

21 47114(c)(2)(A) is amended by striking ‘‘2.5 percent’’ and

22 inserting ‘‘3 percent’’.

23 (d) ENTITLEMENT FOR GENERAL AVIATION AIR24 PORTS.—Section 47114(d) is amended—
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1 (1) in the subsection heading by striking ‘‘TO

2 STATES’’ and inserting ‘‘FOR GENERAL AVIATION

3 AIRPORTS’’;

4 (2) in paragraph (1) by striking ‘‘(1) In this’’

5 and inserting ‘‘(1) DEFINITIONS.—In this’’;

6 (3) by indenting paragraph (1) and aligning

7 paragraph (1) (and its subparagraphs) with para8 graph (2) (as amended by paragraph (2) of this sub9 section); and

10 (4) by striking paragraph (2) and inserting the

11 following:

12 ‘‘(2) APPORTIONMENTS.—The Secretary shall

13 apportion 20 percent of the amount subject to ap14 portionment for each fiscal year as follows:

15 ‘‘(A) To each airport, excluding primary

16 airports but including reliever and nonprimary

17 commercial service airports, in States the lesser

18 of—

19 ‘‘(i) $200,000; or

‘‘(ii) 1 20 ⁄5 of the most recently published

21 estimate of the 5-year costs for airport im22 provement for the airport, as listed in the

23 national plan of integrated airport systems

24 developed by the Federal Aviation Admin25 istration under section 47103.
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1 ‘‘(B) Any remaining amount to States as

2 follows:

3 ‘‘(i) 0.62 percent of the remaining

4 amount to Guam, American Samoa, the

5 Commonwealth of the Northern Mariana

6 Islands, and the Virgin Islands.

7 ‘‘(ii) Except as provided in paragraph

8 (3), 49.69 percent of the remaining

9 amount for airports, excluding primary air10 ports but including reliever and nonpri11 mary commercial service airports, in States

12 not named in clause (i) in the proportion

13 that the population of each of those States

14 bears to the total population of all of those

15 States.

16 ‘‘(iii) Except as provided in paragraph

17 (3), 49.67 percent of the remaining

18 amount for airports, excluding primary air19 ports but including reliever and nonpri20 mary commercial service airports, in States

21 not named in clause (i) in the proportion

22 that the area of each of those States bears

23 to the total area of all of those States.’’.
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1 (e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

2 RICO, AND HAWAII.—Section 47114(d)(3) is amended to

3 read as follows:

4 ‘‘(3) SPECIAL RULE.—An amount apportioned

5 under paragraph (2)(B) for airports in Alaska,

6 Puerto Rico, or Hawaii may be made available by

7 the Secretary for any public airport in those respec8 tive jurisdictions.’’.

9 (f) USE OF STATE-APPORTIONED FUNDS FOR SYS10 TEM PLANNING.—Section 47114(d) is amended by adding

11 at the end the following:

12 ‘‘(4) INTEGRATED AIRPORT SYSTEM PLAN13 NING.—Notwithstanding paragraph (2), funds made

14 available under this subsection may be used for inte15 grated airport system planning that encompasses 1

16 or more primary airports.’’.

17 (g) FLEXIBILITY IN PAVEMENT CONSTRUCTION

18 STANDARDS.—

19 Section 47114(d), as amended by subsection (f) of

20 this section, is amended by adding at the end the fol21 lowing:

22 ‘‘(5) FLEXIBILITY IN PAVEMENT CONSTRUC23 TION STANDARDS.—The Secretary may permit the

24 use of State highway specifications for airfield pave25 ment construction using funds made available under
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1 this subsection at nonprimary airports serving air2 craft that do not exceed 60,000 pounds gross weight

3 if the Secretary determines that—

4 ‘‘(A) safety will not be negatively affected;

5 and

6 ‘‘(B) the life of the pavement will not be

7 shorter than it would be if constructed using

8 Federal Aviation Administration standards.’’.

9 (h) GRANTS FOR AIRPORT NOISE COMPATIBILITY

10 PLANNING.—Section 47117(e)(1) is amended—

11 (1) in subparagraph (A) by striking ‘‘31 per12 cent’’ each place it appears and inserting ‘‘34 per13 cent’’; and

14 (2) in subparagraph (B) by striking ‘‘At least’’

15 and all that follows through ‘‘sponsors of current’’

16 and inserting ‘‘At least 4 percent to sponsors of cur17 rent’’.

18 (i) SUPPLEMENTAL APPORTIONMENT FOR ALAS19 KA.—Section 47114(e) is amended—

20 (1) in the subsection heading by striking ‘‘AL21 TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;

22 (2) in paragraph (1)—

23 (A) by striking ‘‘Instead of apportioning

24 amounts for airports in Alaska under’’ and in25 serting ‘‘IN GENERAL.—Notwithstanding’’;
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1 (B) by striking ‘‘those airports’’ and in2 serting ‘‘airports in Alaska’’; and

3 (C) by inserting before the period at the

4 end of the first sentence ‘‘and by increasing the

5 amount so determined for each of those airports

6 by 3 times’’;

7 (3) in paragraph (2) by inserting ‘‘AUTHORITY

8 FOR DISCRETIONARY GRANTS.—’’ before ‘‘This sub9 section’’;

10 (4) by striking paragraph (3) and inserting the

11 following:

12 ‘‘(3) AIRPORTS ELIGIBLE FOR FUNDS.—An

13 amount apportioned under this subsection may be

14 used for any public airport in Alaska.’’; and

15 (5) by indenting paragraph (1) and aligning

16 paragraph (1) (and its subparagraphs) and para17 graph (2) with paragraph (3) (as amended by para18 graph (4) of this subsection).

19 (j) REPEAL OF APPORTIONMENT LIMITATION ON

20 COMMERCIAL SERVICE AIRPORTS IN ALASKA.—Section

21 47117 is amended by striking subsection (f) and by redes22 ignating subsections (g) and (h) as subsections (f) and (g),

23 respectively.
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1 (k) APPLICABILITY.—The amendments made by this

2 section shall apply to fiscal years beginning after Sep3 tember 30, 1999.

4 SEC. 106. PASSENGER FACILITY FEES.

5 (a) AUTHORITY TO IMPOSE HIGHER FEE.—Section

6 40117(b) is amended by adding at the end the following:

7 ‘‘(4) Notwithstanding paragraph (1), the Secretary

8 may authorize under this section an eligible agency to im9 pose a passenger facility fee in whole dollar amounts of

10 more than $3 on each paying passenger of an air carrier

11 or foreign air carrier boarding an aircraft at an airport

12 the agency controls to finance an eligible airport-related

13 project, including making payments for debt service on in14 debtedness incurred to carry out the project, if the Sec15 retary finds—

16 ‘‘(A) that the project will make a significant

17 contribution to improving air safety and security, in18 creasing competition among air carriers, reducing

19 current or anticipated congestion, or reducing the

20 impact of aviation noise on people living near the

21 airport;

22 ‘‘(B) that the project cannot be paid for from

23 funds reasonably expected to be available for the

24 programs referred to in sections 48103 and 48112;

25 and
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1 ‘‘(C) that the amount to be imposed is not more

2 than twice that which may be imposed under para3 graph (1).’’.

4 (b) LIMITATION ON APPROVAL OF CERTAIN APPLI5 CATIONS.—Section 40117(d) is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (2);

8 (2) by striking the period at the end of para9 graph (3) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(4) in the case of an application to impose a

12 fee of more than $3 for a surface transportation or

13 terminal project, the agency has made adequate pro14 vision for financing the airside needs of the airport,

15 including runways, taxiways, aprons, and aircraft

16 gates.’’.

17 (c) REDUCING APPORTIONMENTS.—Section 47114(f)

18 is amended—

19 (1) by striking ‘‘An amount’’ and inserting the

20 following:

21 ‘‘(1) IN GENERAL.—An amount’’;

22 (2) by striking ‘‘an amount equal to’’ and all

23 that follows through the period at the end and in24 serting the following: ‘‘an amount equal to—
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1 ‘‘(A) in the case of a fee of $3 or less, 50

2 percent of the projected revenues from the fee

3 in the fiscal year but not by more than 50 per4 cent of the amount that otherwise would be ap5 portioned under this section; and

6 ‘‘(B) in the case of a fee of more than $3,

7 75 percent of the projected revenues from the

8 fee in the fiscal year but not by more than 75

9 percent of the amount that otherwise would be

10 apportioned under this section.’’; and

11 (3) by adding at the end the following:

12 ‘‘(2) EFFECTIVE DATE OF REDUCTION.—A re13 duction in an apportionment required by paragraph

14 (1) shall not take effect until the first fiscal year fol15 lowing the year in which the collection of the fee im16 posed under section 40117 is begun.’’.

17 SEC. 107. BUDGET SUBMISSION.

18 The Administrator shall transmit to the Committee

19 on Commerce, Science, and Transportation of the Senate

20 and the Committee on Transportation and Infrastructure

21 of the House of Representatives a copy of the annual

22 budget estimates of the Federal Aviation Administration,

23 including line item justifications, at the same time the an24 nual budget estimates are submitted to the Committees
24

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1 on Appropriations of the Senate and the House of Rep2 resentatives.

3 Subtitle B—Airport Development

4 SEC. 121. RUNWAY INCURSION PREVENTION DEVICES;

5 EMERGENCY CALL BOXES.

6 (a) POLICY.—Section 47101(a)(11) is amended by

7 inserting ‘‘(including integrated in-pavement lighting sys8 tems for runways and taxiways and other runway and

9 taxiway incursion prevention devices)’’ after ‘‘technology’’.

10 (b) MAXIMUM USE OF SAFETY FACILITIES.—Section

11 47101(f) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (9); and

14 (2) by striking the period at the end of para15 graph (10) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following:

17 ‘‘(11) runway and taxiway incursion prevention

18 devices, including integrated in-pavement lighting

19 systems for runways and taxiways.’’.

20 (c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND

21 EMERGENCY CALL BOXES AS AIRPORT DEVELOPMENT.—

22 Section 47102(3)(B) is amended—

23 (1) in clause (ii)—
25

•S 1174 IS

1 (A) by striking ‘‘and universal access sys2 tems,’’ and inserting ‘‘, universal access sys3 tems, and emergency call boxes,’’; and

4 (B) by inserting ‘‘and integrated in-pave5 ment lighting systems for runways and taxiways

6 and other runway and taxiway incursion pre7 vention devices’’ before the semicolon at the

8 end; and

9 (2) by inserting before the semicolon at the end

10 of clause (iii) the following: ‘‘, including closed cir11 cuit weather surveillance equipment’’.

12 SEC. 122. WINDSHEAR DETECTION EQUIPMENT.

13 Section 47102(3)(B), as amended by section 121(c)

14 of this Act, is amended—

15 (1) by striking ‘‘and’’ at the end of clause (v);

16 (2) by striking the period at the end of clause

17 (vi) and inserting a semicolon; and

18 (3) by adding at the end the following:

19 ‘‘(vii) windshear detection equipment;

20 and’’.

21 SEC. 123. ENHANCED VISION TECHNOLOGIES.

22 (a) STUDY.—The Administrator shall conduct a

23 study of the feasibility of requiring United States airports

24 to install enhanced vision technologies to replace or en-
26

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1 hance conventional landing light systems over the 10-year

2 period following the date of completion of such study.

3 (b) REPORT.—Not later than 180 days after the date

4 of enactment of this Act, the Administrator shall transmit

5 to Congress a report on the results of the study conducted

6 under subsection (a), together with such recommendations

7 as the Administrator considers appropriate.

8 (c) INCLUSION OF INSTALLATION AS AIRPORT DE9 VELOPMENT.—Section 47102 is amended—

10 (1) in paragraph (3)(B) (as amended by section

11 121(c) of this Act) by adding at the end the fol12 lowing:

13 ‘‘(viii) enhanced vision technologies

14 that are certified by the Administrator of

15 the Federal Aviation Administration and

16 that are intended to replace or enhance

17 conventional landing light systems.’’; and

18 (2) by adding at the end the following:

19 ‘‘(21) ENHANCED VISION TECHNOLOGIES.—The

20 term ‘enhanced vision technologies’ means laser

21 guidance, ultraviolet guidance, infrared, and cold

22 cathode technologies.’’.

23 (d) CERTIFICATION.—Not later than 180 days after

24 the date of enactment of this Act, the Administrator shall

25 transmit to Congress a schedule for deciding whether or
27

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1 not to certify laser guidance equipment for use as ap2 proach lighting at United States airports and of cold cath3 ode lighting equipment for use as runway and taxiway

4 lighting at United States airports and as lighting at

5 United States heliports.

6 SEC. 124. PAVEMENT MAINTENANCE.

7 (a) REPEAL OF PILOT PROGRAM.—

8 (1) IN GENERAL.—Section 47132 is repealed.

9 (2) CONFORMING AMENDMENT.—The analysis

10 for chapter 471 is amended by striking the item re11 lating to section 47132.

12 (b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Sec13 tion 47102(3) is amended by adding at the end the fol14 lowing:

15 ‘‘(H) routine work to preserve and extend

16 the useful life of runways, taxiways, and aprons

17 at airports that are not primary airports, under

18 guidelines issued by the Administrator.’’.

19 SEC. 125. COMPETITION PLANS.

20 (a) IN GENERAL.—Section 47106 is amended by

21 adding at the end the following:

22 ‘‘(f) COMPETITION PLANS.—

23 ‘‘(1) PROHIBITION.—Beginning in fiscal year

24 2001, no passenger facility fee may be approved for

25 a covered airport under section 40117 and no grant
28

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1 may be made under this subchapter for a covered

2 airport unless the airport has submitted to the Sec3 retary a written competition plan in accordance with

4 this subsection.

5 ‘‘(2) CONTENTS.—A competition plan under

6 this subsection shall include information on the

7 availability of airport gates and related facilities,

8 leasing and sub-leasing arrangements, gate-use re9 quirements, patterns of air service, gate-assignment

10 policy, financial constraints, airport controls over

11 air- and ground-side capacity, whether the airport

12 intends to build or acquire gates that would be used

13 as common facilities, and airfare levels compared to

14 other large airports.

15 ‘‘(3) COVERED AIRPORT DEFINED.—In this

16 subsection, the term ‘covered airport’ means a com17 mercial service airport—

18 ‘‘(A) that has more than .25 percent of the

19 total number of passenger boardings each year

20 at all such airports; and

21 ‘‘(B) at which 1 or 2 air carriers control

22 more than 50 percent of the passenger

23 boardings.’’.

24 (b) CROSS REFERENCE.—Section 40117 is amended

25 by adding at the end the following:
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•S 1174 IS

1 ‘‘(j) COMPETITION PLANS.—Beginning in fiscal year

2 2001, no eligible agency may impose a passenger facility

3 fee under this section with respect to a covered airport

4 (as such term is defined in section 47106(f)) unless the

5 agency has submitted to the Secretary a written competi6 tion plan in accordance with such section. This subsection

7 does not apply to passenger facility fees in effect before

8 the date of enactment of this subsection.’’.

9 SEC. 126. MATCHING SHARE.

10 Section 47109(a) is amended—

11 (1) by redesignating paragraphs (2) and (3) as

12 paragraphs (3) and (4), respectively;

13 (2) by inserting after paragraph (1) the fol14 lowing:

15 ‘‘(2) not more than 90 percent for a project

16 funded by a grant issued to and administered by a

17 State under section 47128, relating to the State

18 block grant program;’’;

19 (3) by striking ‘‘and’’ at the end of paragraph

20 (3) (as so redesignated);

21 (4) by striking the period at the end of para22 graph (4) (as so redesignated) and inserting ‘‘;

23 and’’; and

24 (5) by adding at the end the following:
30

•S 1174 IS

1 ‘‘(5) 100 percent in fiscal year 2000 for any

2 project—

3 ‘‘(A) at an airport other than a primary

4 airport; or

5 ‘‘(B) at a primary airport having less than

6 .05 percent of the total number of passenger

7 boardings each year at all commercial service

8 airports.’’.

9 SEC. 127. LETTERS OF INTENT.

10 Section 47110(e) is amended—

11 (1) by striking paragraph (2)(C) and inserting

12 the following:

13 ‘‘(C) that meets the criteria of section 47115(d)

14 and, if for a project at a commercial service airport

15 having at least 0.25 percent of the boardings each

16 year at all such airports, the Secretary decides will

17 enhance system-wide airport capacity significantly.’’;

18 and

19 (2) by striking paragraph (5) and inserting the

20 following:

21 ‘‘(5) LETTERS OF INTENT.—The Secretary may not

22 require an eligible agency to impose a passenger facility

23 fee under section 40117 in order to obtain a letter of in24 tent under this section.’’.
31

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1 SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

2 (a) SET-ASIDE FOR MEETING SAFETY TERMS IN

3 AIRPORT OPERATING CERTIFICATES.—Section 47116 is

4 amended by adding at the end the following:

5 ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN

6 AIRPORT OPERATING CERTIFICATES.—In the first fiscal

7 year beginning after the effective date of regulations

8 issued to carry out section 44706(b) with respect to air9 ports described in section 44706(a)(2), and in each of the

10 next 4 fiscal years, the lesser of $15,000,000 or 20 percent

11 of the amounts that would otherwise be distributed to

12 sponsors of airports under subsection (b)(2) shall be used

13 to assist the airports in meeting the terms established by

14 the regulations. If the Secretary publishes in the Federal

15 Register a finding that all the terms established by the

16 regulations have been met, this subsection shall cease to

17 be effective as of the date of such publication.’’.

18 (b) NOTIFICATION OF SOURCE OF GRANT.—Section

19 47116, as amended by subsection (a) of this section, is

20 amended by adding at the end the following:

21 ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—When22 ever the Secretary makes a grant under this section, the

23 Secretary shall notify the recipient of the grant, in writing,

24 that the source of the grant is from the small airport

25 fund.’’.
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•S 1174 IS

1 (c) TECHNICAL AMENDMENTS.—Section 47116 is

2 amended—

3 (1) in subsection (a) by striking ‘‘75’’ and in4 serting ‘‘87.5’’;

5 (2) in subsection (b) by striking paragraphs (1)

6 and (2) and inserting the following:

‘‘(1) 1 7 ⁄7 for grants for projects at small hub air8 ports (as defined in section 41731 of this title).

9 ‘‘(2) The remaining amounts as follows:

‘‘(A) 1 10 ⁄3 for grants to sponsors of public11 use airports (except commercial service air12 ports).

‘‘(B) 2 13 ⁄3 for grants to sponsors of each

14 commercial service airport that each year has

15 less than .05 percent of the total boardings in

16 the United States in that year.’’; and

17 (3) in subsection (d)—

18 (A) by striking ‘‘In making’’ and inserting

19 the following:

20 ‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In

21 making’’;

22 (B) by adding at the end the following:

23 ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE

24 POWERED AIRCRAFT.—In making grants to sponsors

25 described in subsection (b)(1), the Secretary shall
33

•S 1174 IS

1 give priority consideration to airport development

2 projects to support operations by turbine powered

3 aircraft, if the non-Federal share of the project is at

4 least 40 percent.’’; and

5 (C) by aligning the remainder of para6 graph (1) (as designated by subparagraph (A)

7 of this paragraph) with paragraph (2) (as

8 added by subparagraph (B) of this paragraph).

9 SEC. 129. DISCRETIONARY USE OF UNUSED APPORTION10 MENTS.

11 (a) IN GENERAL.—Section 47117(f), as redesignated

12 by section 105(j) of this Act, is amended to read as fol13 lows:

14 ‘‘(f) DISCRETIONARY USE OF APPORTIONMENTS.—

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

16 if the Secretary finds that all or part of an amount

17 of an apportionment under section 47114 is not re18 quired during a fiscal year to fund a grant for which

19 the apportionment may be used, the Secretary may

20 use the amount not so required to make grants for

21 airport planning and airport development under sec22 tion 47104 during such fiscal year. The finding may

23 be based on the notifications that the Secretary re24 ceives under section 47105(f) or on other informa25 tion received from airport sponsors.
34

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1 ‘‘(2) RESTORATION OF APPORTIONMENTS.—

2 ‘‘(A) IN GENERAL.—If the fiscal year for

3 which a finding is made under paragraph (1)

4 with respect to an apportionment is not the last

5 fiscal year of availability of the apportionment

6 under subsection (b), the Secretary shall restore

7 to the apportionment an amount equal to the

8 amount of the apportionment used under para9 graph (1) for a discretionary grant whenever a

10 sufficient amount is made available under sec11 tion 48103 for grant obligations under sections

12 47104.

13 ‘‘(B) PERIOD OF AVAILABILITY.—If res14 toration under this paragraph is made in the

15 fiscal year for which the finding is made or the

16 succeeding fiscal year, the amount restored

17 shall be subject to the original period of avail18 ability of the apportionment under subsection

19 (b). If the restoration is made thereafter, the

20 amount restored shall remain available in ac21 cordance with subsection (b) for the original pe22 riod of availability of the apportionment, plus

23 the number of fiscal years during which a suffi24 cient amount was not available for the restora25 tion.
35

•S 1174 IS

1 ‘‘(3) NEWLY AVAILABLE AMOUNTS.—

2 ‘‘(A) RESTORED AMOUNTS TO BE UN3 AVAILABLE FOR DISCRETIONARY GRANTS.—Of

4 an amount newly available under section 48103

5 of this title, an amount equal to the amounts

6 restored under paragraph (2) shall not be avail7 able for discretionary grant obligations under

8 section 47115.

9 ‘‘(B) USE OF REMAINING AMOUNTS.—Sub10 paragraph (A) does not impair the Secretary’s

11 authority under paragraph (1), after a restora12 tion under paragraph (2), to apply all or part

13 of a restored amount that is not required to

14 fund a grant under an apportionment to fund

15 discretionary grants.

16 ‘‘(4) LIMITATIONS ON OBLIGATIONS APPLY.—

17 Nothing in this subsection shall be construed to au18 thorize the Secretary to incur grant obligations

19 under section 47104 for a fiscal year in an amount

20 greater than the amount made available under sec21 tion 48103 for such obligations for such fiscal

22 year.’’.

23 (b) APPLICABILITY.—The amendment made by this

24 section shall apply to fiscal years beginning after Sep25 tember 30, 1999.
36

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1 SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY

2 AIRPORTS.

3 (a) IN GENERAL.—Section 47118 is amended—

4 (1) in subsection (a) by striking ‘‘12’’ and in5 serting ‘‘20’’;

6 (2) by striking subsection (c) and redesignating

7 subsections (d) through (f) as subsections (c)

8 through (e), respectively;

9 (3) in subsection (c) (as so redesignated)—

10 (A) by striking ‘‘47117(e)(1)(E)’’ and in11 serting ‘‘47117(e)(1)(B)’’;

12 (B) by striking ‘‘5-fiscal-year periods’’ and

13 inserting ‘‘periods, each not to exceed 5 fiscal

14 years,’’; and

15 (C) by striking ‘‘each such subsequent 5-

16 fiscal-year period’’ and inserting ‘‘each such

17 subsequent period’’; and

18 (4) by adding at the end the following:

19 ‘‘(f) DESIGNATION OF GENERAL AVIATION AIR20 PORT.—Notwithstanding any other provision of this sec21 tion, at least 3 of the airports designated under subsection

22 (a) shall be general aviation airports that were former

23 military installations closed or realigned under a section

24 referred to in subsection (a)(1).’’.

25 (b) TERMINAL BUILDING FACILITIES.—Section

26 47118(d), as redesignated by subsection (a)(2) of this sec-
37

•S 1174 IS

1 tion, is amended by striking ‘‘$5,000,000’’ and inserting

2 ‘‘$7,000,000’’.

3 (c) ELIGIBILITY OF AIR CARGO TERMINALS.—Sec4 tion 47118(e), as redesignated by subsection (a)(2) of this

5 section, is amended—

6 (1) in subsection heading by striking ‘‘AND

7 HANGERS’’ and inserting ‘‘HANGERS, AND AIR

8 CARGO TERMINALS’’;

9 (2) by striking ‘‘$4,000,000’’ and inserting

10 ‘‘$7,000,000’’; and

11 (3) by inserting after ‘‘hangers’’ the following:

12 ‘‘and air cargo terminals of an area that is 50,000

13 square feet or less’’.

14 (d) APPLICABILITY.—The amendments made by this

15 section shall apply to fiscal years beginning after Sep16 tember 30, 1999.

17 SEC. 131. CONTRACT TOWER COST-SHARING.

18 Section 47124(b) is amended by adding at the end

19 the following:

20 ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER

21 PILOT PROGRAM.—

22 ‘‘(A) IN GENERAL.—The Secretary shall

23 establish a pilot program to contract for air

24 traffic control services at Level I air traffic con25 trol towers, as defined by the Administrator of
38

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1 the Federal Aviation Administration, that do

2 not qualify for the Contract Tower program es3 tablished under subsection (a) and continued

4 under paragraph (1) (hereafter in this para5 graph referred to as the ‘Contract Tower Pro6 gram’).

7 ‘‘(B) PROGRAM COMPONENTS.—In car8 rying out the pilot program established under

9 subparagraph (A), the Administrator shall—

10 ‘‘(i) utilize for purposes of cost-benefit

11 analyses, current, actual, site-specific data,

12 forecast estimates, or airport master plan

13 data provided by a facility owner or oper14 ator and verified by the Administrator;

15 ‘‘(ii) approve for participation only fa16 cilities willing to fund a pro rata share of

17 the operating costs of the air traffic con18 trol tower to achieve a 1 to 1 benefit-to19 cost ratio, as required for eligibility under

20 the Contract Tower Program; and

21 ‘‘(iii) approve for participation no

22 more than 2 facilities willing to fund up to

23 50 percent, but not less than 25 percent,

24 of construction costs for an air traffic con25 trol tower built by the airport operator and
39

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1 for each of such facilities the Federal share

2 of construction cost does not exceed

3 $1,100,000.

4 ‘‘(C) PRIORITY.—In selecting facilities to

5 participate in the program under this para6 graph, the Administrator shall give priority to

7 the following:

8 ‘‘(i) Air traffic control towers that are

9 participating in the Contract Tower Pro10 gram but have been notified that they will

11 be terminated from such program because

12 the Administration has determined that

13 the benefit-to-cost ratio for their continu14 ation in such program is less than 1.0.

15 ‘‘(ii) Air traffic control towers that

16 the Administrator determines have a ben17 efit-to-cost ratio of at least .85.

18 ‘‘(iii) Air traffic control towers of the

19 Federal Aviation Administration that are

20 closed as a result of the air traffic control21 lers strike in 1981.

22 ‘‘(iv) Air traffic control towers that

23 are located at airports or points at which

24 an air carrier is receiving compensation
40

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1 under the essential air service program

2 under this chapter.

3 ‘‘(v) Air traffic control towers located

4 at airports that are prepared to assume

5 partial responsibility for maintenance

6 costs.

7 ‘‘(vi) Air traffic control towers that

8 are located at airports with safety or oper9 ational problems related to topography,

10 weather, runway configuration, or mix of

11 aircraft.

12 ‘‘(D) COSTS EXCEEDING BENEFITS.—If

13 the costs of operating an air traffic tower under

14 the pilot program established under this para15 graph exceed the benefits, the airport sponsor

16 or State of local government having jurisdiction

17 over the airport shall pay the portion of the

18 costs that exceed such benefit.

19 ‘‘(E) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appropriated

21 $6,000,000 per fiscal year to carry out this

22 paragraph.’’.

23 SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

24 (a) IN GENERAL.—Subchapter I of chapter 471 is

25 amended by adding at the end the following:
41

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1 ‘‘§ 47135. Innovative financing techniques

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation

3 may approve applications for not more than 25 airport

4 development projects for which grants received under this

5 subchapter may be used for innovative financing tech6 niques. Such projects shall be located at airports that each

7 year have less than .25 percent of the total number of

8 passenger boardings each year at all commercial service

9 airports.

10 ‘‘(b) PURPOSE.—The purpose of grants made under

11 this section shall be to provide information on the benefits

12 and difficulties of using innovative financing techniques

13 for airport development projects.

14 ‘‘(c) LIMITATIONS.—

15 ‘‘(1) NO GUARANTEES.—In no case shall the

16 implementation of an innovative financing technique

17 under this section be used in a manner giving rise

18 to a direct or indirect guarantee of any airport debt

19 instrument by the United States Government.

20 ‘‘(2) TYPES OF TECHNIQUES.—In this section,

21 innovative financing techniques are limited to—

22 ‘‘(A) payment of interest;

23 ‘‘(B) commercial bond insurance and other

24 credit enhancement associated with airport

25 bonds for eligible airport development; and
42

•S 1174 IS

1 ‘‘(C) flexible non-Federal matching re2 quirements.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 subchapter I of chapter 471 is amended by adding at the

5 end the following:

‘‘47135. Innovative financing techniques.’’.

6 SEC. 133. AIRPORT SECURITY PROGRAM.

7 (a) IN GENERAL.—Subchapter I of chapter 471, as

8 amended by section 132 of this Act, is amended by adding

9 the following new section:

10 ‘‘§ 47136. Airport security program

11 ‘‘(a) GENERAL AUTHORITY.—To improve security at

12 public airports in the United States, the Secretary of

13 Transportation shall carry out not less than one project

14 to test and evaluate innovative airport security systems

15 and related technology.

16 ‘‘(b) PRIORITY.—In carrying out this section, the

17 Secretary shall give the highest priority to a request from

18 an eligible sponsor for a grant to undertake a project

19 that—

20 ‘‘(1) evaluates and tests the benefits of innova21 tive airport security systems or related technology,

22 including explosives detection systems, for the pur23 pose of improving airport and aircraft physical secu24 rity and access control; and
43

•S 1174 IS

1 ‘‘(2) provides testing and evaluation of airport

2 security systems and technology in an operational,

3 test bed environment.

4 ‘‘(c) MATCHING SHARE.—Notwithstanding section

5 47109, the United States Government’s share of allowable

6 project costs for a project under this section shall be 100

7 percent.

8 ‘‘(d) TERMS AND CONDITIONS.—The Secretary may

9 establish such terms and conditions as the Secretary de10 termines appropriate for carrying out a project under this

11 section, including terms and conditions relating to the

12 form and content of a proposal for a project, project assur13 ances, and schedule of payments.

14 ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section,

15 the term ‘eligible sponsor’ means a nonprofit corporation

16 composed of a consortium of public and private persons,

17 including a sponsor of a primary airport, with the nec18 essary engineering and technical expertise to successfully

19 conduct the testing and evaluation of airport and aircraft

20 related security systems.

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the

22 amounts made available to the Secretary under section

23 47115 in a fiscal year, the Secretary shall make available

24 not less than $5,000,000 for the purpose of carrying out

25 this section.’’.
44

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1 (b) CONFORMING AMENDMENT.—The analysis for

2 subchapter I of chapter 471 is further amended by adding

3 at the end the following:

‘‘47136. Airport security program.’’.

4 SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE

5 PILOT PROGRAM.

6 (a) IN GENERAL.—Subchapter I of chapter 471, as

7 amended by section 133 of this Act, is amended by adding

8 at the end the following:

9 ‘‘§ 47137. Inherently low-emission airport vehicle

10 pilot program

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation

12 shall carry out a pilot program at not more than 10 public13 use airports under which the sponsors of such airports

14 may use funds made available under section 48103 for use

15 at such airports to carry out inherently low-emission vehi16 cle activities. Notwithstanding any other provision of this

17 subchapter, inherently low-emission vehicle activities shall

18 for purposes of the pilot program be treated as eligible

19 for assistance under this subchapter.

20 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

21 AREAS.—A public-use airport shall be eligible for partici22 pation in the pilot program only if the airport is located

23 in an air quality nonattainment area (as defined in section

24 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
45

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1 ‘‘(c) SELECTION CRITERIA.—In selecting from

2 among applicants for participation in the pilot program,

3 the Secretary shall give priority consideration to appli4 cants that will achieve the greatest air quality benefits

5 measured by the amount of emissions reduced per dollar

6 of funds expended under the pilot program.

7 ‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Not8 withstanding any other provision of this subchapter, the

9 United States Government’s share of the costs of a project

10 carried out under the pilot program shall be 50 percent.

11 ‘‘(e) MAXIMUM AMOUNT.—Not more than

12 $2,000,000 may be expended under the pilot program at

13 any single public-use airport.

14 ‘‘(f) REPORT TO CONGRESS.—Not later than 18

15 months after the date of enactment of this section, the

16 Secretary shall transmit to the Committee on Transpor17 tation and Infrastructure of the House of Representatives

18 and the Committee on Commerce, Science, and Transpor19 tation of the Senate a report containing an evaluation of

20 the effectiveness of the pilot program.

21 ‘‘(g) INHERENTLY LOW-EMISSION VEHICLE ACTIV22 ITY DEFINED.—In this section, the term ‘inherently low23 emission vehicle activity’ means—

24 ‘‘(1) the construction of infrastructure facilities

25 necessary for the use of vehicles that are certified as
46

•S 1174 IS

1 inherently low-emission vehicles under title 40 of the

2 Code of Federal Regulations, that are labeled in ac3 cordance with section 88.312–93(c) of such title,

4 and that are located or primarily used at public-use

5 airports;

6 ‘‘(2) the payment of that portion of the cost of

7 acquiring such vehicles that exceeds the cost of ac8 quiring other vehicles that would be used for the

9 same purpose; or

10 ‘‘(3) the acquisition of technological equipment

11 necessary for the use of vehicles described in para12 graph (1).’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 subchapter I of chapter 471 is further amended by adding

15 at the end the following:

‘‘47137. Inherently low-emission airport vehicle pilot program.’’.

16 SEC. 135. TECHNICAL AMENDMENTS.

17 (a) AMOUNTS IN DISCRETIONARY FUND AND AVAIL18 ABILITY.—Section 47115 is amended—

19 (1) in subsection (a)(2) by striking ‘‘25’’ and

20 inserting ‘‘12.5’’; and

21 (2) by striking the second sentence of sub22 section (b).

23 (b) CONTINUATION OF PROJECT FUNDING.—Section

24 47108 is amended by adding at the end the following:
47

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1 ‘‘(e) CHANGE IN AIRPORT STATUS.—In the event

2 that the status of a primary airport changes to a nonpri3 mary airport at a time when a terminal development

4 project under a multiyear agreement under subsection (a)

5 is not yet completed, the project shall remain eligible for

6 funding from discretionary funds under section 47115 at

7 the funding level and under the terms provided by the

8 agreement, subject to the availability of funds.’’.

9 (c) PASSENGER FACILITY FEE WAIVER FOR CER10 TAIN CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS

11 IN ISOLATED COMMUNITIES.—Section 40117(i) is

12 amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (1);

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(3) may permit a public agency to request that

19 collection of a passenger facility fee be waived for—

20 ‘‘(A) passengers enplaned by any class of

21 air carrier or foreign air carrier if the number

22 of passengers enplaned by the carrier in the

23 class constitutes not more than 1 percent of the

24 total number of passengers enplaned annually

25 at the airport at which the fee is imposed; or
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1 ‘‘(B) passengers traveling to an airport—

2 ‘‘(i) that has fewer than 2,500 pas3 senger boardings each year and receives

4 scheduled passenger service; and

5 ‘‘(ii) in a community which has a pop6 ulation of less than 10,000 and is not con7 nected by a land highway to the land-con8 nected National Highway System within a

9 State.’’.

10 SEC. 136. CONVEYANCES OF SURPLUS PROPERTY FOR PUB11 LIC AIRPORTS.

12 (a) PROJECT GRANT ASSURANCES.—Section

13 47107(h) is amended by inserting ‘‘(including an assur14 ance with respect to disposal of land by an airport owner

15 or operator under subsection (c)(2)(B) without regard to

16 whether or not the assurance or grant was made before

17 December 29, 1987)’’ after ‘‘1987’’.

18 (b) CONVEYANCES OF UNITED STATES GOVERN19 MENT LAND.—Section 47125(a) is amended by adding at

20 the end the following: ‘‘The Secretary may only release

21 an option of the United States for a reversionary interest

22 under this subsection after providing notice and an oppor23 tunity for public comment. The Secretary shall publish in

24 the Federal Register any decision of the Secretary to re-
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1 lease a reversionary interest and the reasons for the deci2 sion.’’.

3 (c) REQUESTS BY PUBLIC AGENCIES.—Section

4 47151 is amended by adding at the end the following:

5 ‘‘(d) REQUESTS BY PUBLIC AGENCIES.—Except with

6 respect to a request made by another department, agency,

7 or instrumentality of the executive branch of the United

8 States Government, such a department, agency, or instru9 mentality shall give priority consideration to a request

10 made by a public agency (as defined in section 47102)

11 for surplus property described in subsection (a) for use

12 at a public airport.’’.

13 (d) NOTICE AND PUBLIC COMMENT; PUBLICATION

14 OF DECISIONS.—Section 47153(a) is amended—

15 (1) in paragraph (1) by inserting ‘‘, after pro16 viding notice and an opportunity for public com17 ment,’’ after ‘‘if the Secretary decides’’; and

18 (2) by adding at the end the following:

19 ‘‘(3) PUBLICATION OF DECISIONS.—The Sec20 retary shall publish in the Federal Register any deci21 sion to waive a term under paragraph (1) and the

22 reasons for the decision.’’.

23 (e) CONSIDERATIONS.—Section 47153 is amended by

24 adding at the end the following:
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1 ‘‘(c) CONSIDERATIONS.—In deciding whether to

2 waive a term required by section 47152 or add another

3 term, the Secretary shall consider the current and future

4 needs of the users of the airport and the interests of the

5 owner of the property.’’.

6 (f) REFERENCES TO GIFTS.—Chapter 471 is

7 amended—

8 (1) in section 47151—

9 (A) in subsection (a)—

10 (i) in the matter preceding paragraph

11 (1) by striking ‘‘give’’ and inserting ‘‘con12 vey to’’; and

13 (ii) in paragraph (2) by striking

14 ‘‘gift’’ and inserting ‘‘conveyance’’;

15 (B) in subsection (b)—

16 (i) by striking ‘‘giving’’ and inserting

17 ‘‘conveying’’; and

18 (ii) by striking ‘‘gift’’ and inserting

19 ‘‘conveyance’’; and

20 (C) in subsection (c)—

21 (i) in the subsection heading by strik22 ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;

23 and

24 (ii) by striking ‘‘given’’ and inserting

25 ‘‘conveyed’’;
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1 (2) in section 47152—

2 (A) in the section heading by striking

3 ‘‘gifts’’ and inserting ‘‘conveyances’’; and

4 (B) in the matter preceding paragraph (1)

5 by striking ‘‘gift’’ and inserting ‘‘conveyance’’;

6 (3) in section 47153(a)(1)—

7 (A) by striking ‘‘gift’’ each place it appears

8 and inserting ‘‘conveyance’’; and

9 (B) by striking ‘‘given’’ and inserting

10 ‘‘conveyed’’; and

11 (4) in the analysis for such chapter by striking

12 the item relating to section 47152 and inserting the

13 following:

‘‘47152. Terms of conveyances.’’.

14 Subtitle C—Miscellaneous

15 SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIR16 PORT-RELATED PROJECTS.

17 Section 40117(a)(3) is amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (D);

20 (2) by striking the period at the end of sub21 paragraph (E) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(F) to construct a terminal building (and

24 aircraft fueling facilities adjacent to that build25 ing), including structural foundations and floor
52

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1 systems, exterior building walls and load-bear2 ing interior columns or walls, windows, door

3 and roof systems, and building utilities (includ4 ing heating, air conditioning, ventilation,

5 plumbing, and electrical service), but excluding

6 the construction necessary for improvement or

7 final completion of revenue-producing areas and

8 nonpublic use areas within such terminal build9 ings unless permitted under section 47110(d), if

10 an air carrier not yet serving the airport or ac11 counting for less than 40 percent of passenger

12 boardings at the airport will initiate or increase

13 scheduled air transportation passenger service

14 at the airport and will occupy such terminal fa15 cilities or equivalent terminal facilities otherwise

16 made available as a result of such terminal con17 struction not more than 2 years from the date

18 that construction of such terminal facilities is

19 complete.’’.

20 SEC. 152. TERMINAL DEVELOPMENT COSTS.

21 (a) WITH RESPECT TO PASSENGER FACILITY

22 CHARGES.—Section 40117(a)(3), as amended by section

23 151 of this Act, is amended—
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1 (1) by redesignating subparagraphs (C), (D),

2 (E), and (F) as subparagraphs (D), (E), (F), and

3 (G), respectively; and

4 (2) by inserting after subparagraph (B) the fol5 lowing:

6 ‘‘(C) for costs of terminal development re7 ferred to in subparagraph (B) incurred after

8 August 1, 1986, at an airport that did not have

9 more than .25 percent of the total annual pas10 senger boardings in the United States in the

11 most recent calendar year for which data is

12 available and at which total passenger

13 boardings declined by at least 16 percent be14 tween calendar year 1989 and calendar year

15 1997;’’.

16 (b) REPAYING BORROWED MONEY.—Section

17 47119(a) is amended—

18 (1) in the matter preceding paragraph (1)—

19 (A) by striking ‘‘0.05’’ and inserting

20 ‘‘0.25’’; and

21 (B) by striking ‘‘between January 1, 1992,

22 and October 31, 1992,’’ and inserting ‘‘between

23 August 1, 1986, and September 30, 1990, or

24 between June 1, 1991, and October 31, 1992,’’;

25 and
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1 (2) in paragraph (1)(B) by striking ‘‘an airport

2 development project outside the terminal area at

3 that airport’’ and inserting ‘‘any needed airport de4 velopment project affecting safety, security, or ca5 pacity’’.

6 (c) NONHUB AIRPORTS.—Section 47119(c) is amend7 ed by striking ‘‘0.05’’ and inserting ‘‘0.25’’.

8 (d) NONPRIMARY COMMERCIAL SERVICE AIR9 PORTS.—Section 47119 is amended by adding at the end

10 the following:

11 ‘‘(d) DETERMINATION OF PASSENGER BOARDING AT

12 COMMERCIAL SERVICE AIRPORT.—For the purpose of de13 termining whether an amount may be distributed for a

14 fiscal year from the discretionary fund in accordance with

15 subsection (b)(2)(A) to a commercial service airport, the

16 Secretary shall make the determination of whether or not

17 a public airport has at least 2,500 passenger boardings

18 under section 47102(7) on the basis of the number of pas19 senger boardings at the public airport in the calendar year

20 that includes the first day of such fiscal year or the pre21 ceding calendar year, whichever is more beneficial to the

22 airport.’’.

23 SEC. 153. GENERAL FACILITIES AUTHORITY.

24 (a) CONTINUATION OF ILS INVENTORY PROGRAM.—

25 Section 44502(a)(4)(B) is amended—
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1 (1) by striking ‘‘each of fiscal years 1995 and

2 1996’’ and inserting ‘‘each of fiscal years 1999

3 through 2004’’; and

4 (2) by inserting ‘‘under new or existing con5 tracts’’ after ‘‘including acquisition’’.

6 (b) LORAN–C NAVIGATION FACILITIES.—Section

7 44502(a) is amended by adding at the end the following:

8 ‘‘(5) MAINTENANCE AND UPGRADE OF LORAN–

9 C NAVIGATION FACILITIES.—The Secretary shall

10 maintain and upgrade Loran–C navigation facilities

11 throughout the transition period to satellite-based

12 navigation.’’.

13 SEC. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR

14 CARRIERS.

15 Section 44706 is amended by adding at the end the

16 following:

17 ‘‘(g) INCLUDED CHARTER AIR TRANSPORTATION.—

18 For the purposes of subsection (a)(2), a scheduled pas19 senger operation includes charter air transportation for

20 which the general public is provided in advance a schedule

21 containing the departure location, departure time, and ar22 rival location of the flights.

23 ‘‘(h) AUTHORITY TO PRECLUDE SCHEDULED PAS24 SENGER OPERATIONS.—The Administrator shall permit

25 an airport that will be subject to certification under sub-
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1 section (a)(2) to preclude scheduled passenger operations

2 (including public charter operations described in sub3 section (g)) at the airport if the airport notifies the Ad4 ministrator, in writing, that it does not intend to obtain

5 an airport operating certificate.’’.

6 SEC. 155. CONSTRUCTION OF RUNWAYS.

7 Notwithstanding any provision of law that specifically

8 restricts the number of runways at a single international

9 airport, the Secretary of Transportation may obligate

10 funds made available under chapters 471 and 481 of title

11 49, United States Code, for any project to construct a new

12 runway at such airport, unless this section is expressly re13 pealed.

14 SEC. 156. USE OF RECYCLED MATERIALS.

15 (a) STUDY.—The Administrator shall conduct a

16 study of the use of recycled materials (including recycled

17 pavements, waste materials, and byproducts) in pavement

18 used for runways, taxiways, and aprons and the specifica19 tion standards in tests necessary for the use of recycled

20 materials in such pavement. The primary focus of the

21 study shall be on the long term physical performance, safe22 ty implications, and environmental benefits of using recy23 cled materials in aviation pavement.

24 (b) CONTRACTING.—The Administrator may carry

25 out the study under this section by entering into a con-
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1 tract with a university of higher education with expertise

2 necessary to carry out the study.

3 (c) REPORT.—Not later than 1 year after the date

4 of enactment of this Act, the Administrator shall transmit

5 to Congress a report on the results of the study conducted

6 under this section together with recommendations con7 cerning the use of recycled materials in aviation pavement.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated $2,000,000 to carry out this

10 section.

11 TITLE II—AIRLINE SERVICE

12 IMPROVEMENTS

13 Subtitle A—Service to Airports Not

14 Receiving Sufficient Service

15 SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

16 (a) REPEAL OF SLOT RULE FOR CERTAIN AIR17 PORTS.—Effective March 1, 2000, the requirements of

18 subparts K and S of part 93 of title 14, Code of Federal

19 Regulations, are of no force and effect at an airport other

20 than Ronald Reagan Washington National Airport. The

21 Secretary of Transportation is authorized to undertake

22 appropriate actions to effectuate an orderly termination

23 of these requirements.
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1 (b) SLOT EXEMPTIONS FOR SERVICE TO REAGAN

2 NATIONAL AIRPORT.—Section 41714 is amended by strik3 ing subsections (e) and (f) and inserting the following:

4 ‘‘(e) SLOTS FOR AIRPORTS NOT RECEIVING SUFFI5 CIENT SERVICE.—

6 ‘‘(1) EXEMPTIONS.—Notwithstanding chapter

7 491, the Secretary may by order grant exemptions

8 from the requirements under subparts K and S of

9 part 93 of title 14, Code of Federal Regulations

10 (pertaining to slots at high density airports), to en11 able air carriers to provide nonstop air transpor12 tation using jet aircraft that comply with the stage

13 3 noise levels of part 36 of such title 14 between

14 Ronald Reagan Washington National Airport and an

15 airport that had less than 2,000,000 enplanements

16 in the most recent year for which such enplanement

17 data is available or between Ronald Reagan Wash18 ington National Airport and an airport that does not

19 have nonstop transportation to Ronald Reagan

20 Washington National Airport using such aircraft on

21 the date on which the application for an exemption

22 is filed.

23 ‘‘(2) LIMITATIONS.—

24 ‘‘(A) MAXIMUM NUMBER OF EXEMP25 TIONS.—No more than 2 exemptions per hour
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1 and no more than 6 exemptions per day may be

2 granted under this subsection for slots at Ron3 ald Reagan Washington National Airport.

4 ‘‘(B) MAXIMUM DISTANCE OF FLIGHTS.—

5 An exemption may be granted under this sub6 section for a slot at Ronald Reagan Washington

7 National Airport only if the flight utilizing such

8 slot begins or ends within 1,250 miles of the

9 Airport and a stage 3 aircraft is used for such

10 flight.

11 ‘‘(3) APPLICATION.—An air carrier interested

12 in an exemption under this subsection shall submit

13 to the Secretary an application for such exemption.

14 No application may be submitted to the Secretary

15 before the last day of the 30-day period beginning

16 on the date of the enactment of this paragraph.

17 ‘‘(4) DEADLINE FOR DECISION.—Notwith18 standing any other provision of law, the Secretary

19 shall make a decision with regard to granting an ex20 emption under this subsection on or before the

21 120th day following the date of the application for

22 the exemption. If the Secretary does not make the

23 decision on or before such 120th day, the air carrier

24 applying for the service may provide such service

25 until the Secretary makes the decision or the Admin-
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1 istrator of the Federal Aviation Administration de2 termines that providing such service would have an

3 adverse effect on air safety.

4 ‘‘(5) PERIOD OF EFFECTIVENESS.—An exemp5 tion granted under this subsection shall remain in

6 effect only while the air carrier for whom the exemp7 tion is granted continues to provide the nonstop air

8 transportation for which the exemption is granted.

9 ‘‘(f) TREATMENT OF CERTAIN COMMUTER AIR CAR10 RIERS.—The Secretary shall treat all commuter air car11 riers that have cooperative agreements, including code

12 share agreements with other air carriers, equally for deter13 mining eligibility for exemptions under this section regard14 less of the form of the corporate relationship between the

15 commuter air carrier and the other air carrier.’’.

16 (c) CONFORMING AMENDMENTS.—Effective March 1,

17 2000, section 41714 (as amended by subsection (b) of this

18 section) is amended—

19 (1) by striking subsections (a), (b), (c), (g), and

20 (i);

21 (2) by redesignating subsections (d), (e), (f),

22 and (h) as subsections (a), (b), (c), and (d), respec23 tively;

24 (3) in the heading for subsection (a) (as so re25 designated) by striking ‘‘SPECIAL RULES FOR’’; and
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1 (4) by striking subsection (c) (as so redesig2 nated) and inserting the following:

3 ‘‘(c) SLOT DEFINED.—The term ‘slot’ means a res4 ervation for an instrument flight rule takeoff or landing

5 by an air carrier or an aircraft in air transportation.’’.

6 SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR7 PORTS NOT RECEIVING SUFFICIENT SERV8 ICE.

9 (a) IN GENERAL.—Section 41742(a) is amended by

10 striking ‘‘$50,000,000’’ and inserting ‘‘$60,000,000’’.

11 (b) FUNDING FOR SMALL COMMUNITY AIR SERV12 ICE.—Section 41742(b) of title 49, United States Code,

13 is amended to read as follows:

14 ‘‘(b) FUNDING FOR SMALL COMMUNITY AIR SERV15 ICE.—

16 ‘‘(1) IN GENERAL.—Notwithstanding any other

17 provision of law, from moneys credited to the ac18 count established under section 45303(a), including

19 the funds derived from fees imposed under the au20 thority contained in section 45301(a)—

21 ‘‘(A) not to exceed $50,000,000 for each

22 fiscal year beginning after September 30, 1999,

23 shall be used to carry out the small community

24 air service program under this subchapter; and
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1 ‘‘(B) not to exceed $10,000,000 for such

2 fiscal year shall be used—

3 ‘‘(i) for assisting an air carrier to sub4 sidize service to and from an underserved

5 airport for a period not to exceed 3 years;

6 ‘‘(ii) for assisting an underserved air7 port to obtain jet aircraft service (and to

8 promote passenger use of that service) to

9 and from the underserved airport; and

10 ‘‘(iii) for assisting an underserved air11 port to implement such other measures as

12 the Secretary of Transportation, in con13 sultation with such airport, considers ap14 propriate to improve air service both in

15 terms of the cost of such service to con16 sumers and the availability of such service,

17 including improving air service through

18 marketing and promotion of air service and

19 enhanced utilization of airport facilities.

20 ‘‘(2) RURAL AIR SAFETY.—Any funds that are

21 made available by paragraph (1) for a fiscal year

22 and that the Secretary determines will not be obli23 gated or expended before the last day of such fiscal

24 year shall be available to the Administrator for use
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1 under this subchapter in improving rural air safety

2 at airports with less than 100,000 annual boardings.

3 ‘‘(3) ALLOCATION OF ADDITIONAL FUNDING.—

4 If, for a fiscal year beginning after September 30,

5 1999, more than $60,000,000 is made available

6 under subsection (a) to carry out the small community air service program, 1 7 ⁄2 of the amounts in excess

8 of $60,000,000 shall be used for the purposes speci9 fied in paragraph (1)(B), in addition to amounts

10 made available for such purposes under paragraph

11 (1)(B).

12 ‘‘(4) USE OF UNOBLIGATED AMOUNTS.—Any

13 funds made available under paragraph (1)(A) for the

14 small community air service program for a fiscal

15 year that the Secretary determines will not be obli16 gated or expended before the last day of such fiscal

17 year shall be available for use by the Secretary for

18 the purposes described in paragraph (1)(B).

19 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In

20 addition to amounts made available under paragraph

21 (1), there is authorized to be appropriated to the

22 Secretary for each fiscal year beginning after Sep23 tember 30, 1999, $15,000,000—
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1 ‘‘(A) to provide assistance to an air carrier

2 to subsidize service to and from an underserved

3 airport for a period not to exceed 3 years;

4 ‘‘(B) to provide assistance to an under5 served airport to obtain jet aircraft service (and

6 to promote passenger use of that service) to

7 and from the underserved airport; and

8 ‘‘(C) to provide assistance to an under9 served airport to implement such other meas10 ures as the Secretary, in consultation with such

11 airport, considers appropriate to improve air

12 service both in terms of the cost of such service

13 to consumers and the availability of such serv14 ice, including improving air service through

15 marketing and promotion of air service and en16 hanced utilization of airport facilities.

17 ‘‘(6) PRIORITY CRITERIA FOR ASSISTING AIR18 PORTS NOT RECEIVING SUFFICIENT SERVICE.—In

19 providing assistance to airports under paragraphs

20 (1)(B) and (5), the Administrator shall give priority

21 to those airports for which a community will provide,

22 from local sources (other than airport revenues), a

23 portion of the cost of the activity to be assisted.

24 ‘‘(7) DEFINITIONS.—In this subsection, the fol25 lowing definitions apply:
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1 ‘‘(A) UNDERSERVED AIRPORT.—The term

2 ‘underserved airport’ means a nonhub airport

3 or small hub airport (as such terms are defined

4 in section 41731) that—

5 ‘‘(i) the Secretary determines is not

6 receiving sufficient air carrier service; or

7 ‘‘(ii) has unreasonably high airfares.

8 ‘‘(B) UNREASONABLY HIGH AIRFARE.—

9 The term ‘unreasonably high airfare’, as used

10 with respect to an airport, means that the air11 fare listed in the table entitled ‘Top 1,000 City12 Pair Market Summarized by City’, contained in

13 the Domestic Airline Fares Consumer Report of

14 the Department of Transportation, for one or

15 more markets for which the airport is a part of

16 has an average yield listed in such table that is

17 more than 19 cents.’’.

18 (c) CONFORMING AMENDMENTS.—Chapter 417 is

19 amended—

20 (1) in the heading for section 41742 by striking

21 ‘‘Essential’’ and inserting ‘‘Small commu22 nity’’;

23 (2) in each of subsections (a), (b), and (c) of

24 section 41742 by striking ‘‘essential air’’ each place

25 it appears and inserting ‘‘small community air’’; and
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1 (3) in the analysis for such chapter by striking

2 the item relating to section 41742 and inserting the

3 following:

‘‘41742. Small community air service authorization.’’.

4 SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

5 Section 41736(b) of title 49, United States Code, is

6 amended by adding at the end the following:

7 ‘‘Paragraph (4) shall not apply to any place for which a

8 proposal was approved or that was designated as eligible

9 under this section in the period beginning on October 1,

10 1991, and ending on December 31, 1997.’’.

11 SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.

12 Section 40101(a) is amended by adding at the end

13 the following:

14 ‘‘(16) ensuring that consumers in all regions of

15 the United States, including those in small commu16 nities and rural and remote areas, have access to af17 fordable, regularly scheduled air service.’’.

18 SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIR19 PORT.

20 The Secretary of Transportation shall not deny as21 sistance with respect to a place under subchapter II of

22 chapter 417 of title 49, United States Code, solely on the

23 basis that the place is located within 70 highway miles

24 of a hub airport (as defined by section 41731 of such title)
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1 if the most commonly used highway route between the

2 place and the hub airport exceeds 70 miles.

3 Subtitle B—Regional Air Service

4 Incentive Program

5 SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE IN6 CENTIVE PROGRAM.

7 (a) IN GENERAL.—Chapter 417 is amended by add8 ing at the end the following:

9 ‘‘SUBCHAPTER III—REGIONAL AIR SERVICE

10 INCENTIVE PROGRAM

11 ‘‘§ 41761. Purpose

12 ‘‘The purpose of this subchapter is to improve service

13 by jet aircraft to underserved markets by providing assist14 ance, in the form of Federal credit instruments, to com15 muter air carriers that purchase regional jet aircraft for

16 use in serving those markets.

17 ‘‘§ 41762. Definitions

18 ‘‘In this subchapter, the following definitions apply:

19 ‘‘(1) AIR CARRIER.—The term ‘air carrier’

20 means any air carrier holding a certificate of public

21 convenience and necessity issued by the Secretary of

22 Transportation under section 41102.

23 ‘‘(2) AIRCRAFT PURCHASE.—The term ‘aircraft

24 purchase’ means the purchase of commercial trans-
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1 port aircraft, including spare parts normally associ2 ated with the aircraft.

3 ‘‘(3) CAPITAL RESERVE SUBSIDY AMOUNT.—

4 The term ‘capital reserve subsidy amount’ means the

5 amount of budget authority sufficient to cover esti6 mated long-term cost to the United States Govern7 ment of a Federal credit instrument, calculated on

8 a net present value basis, excluding administrative

9 costs and any incidental effects on government re10 ceipts or outlays in accordance with provisions of the

11 Federal Credit Reform Act of 1990 (2 U.S.C. 661

12 et seq).

13 ‘‘(4) COMMUTER AIR CARRIER.—The term

14 ‘commuter air carrier’ means an air carrier that pri15 marily operates aircraft designed to have a max16 imum passenger seating capacity of 75 or less in ac17 cordance with published flight schedules.

18 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The

19 term ‘Federal credit instrument’ means a secured

20 loan, loan guarantee, or line of credit authorized to

21 be made under this subchapter.

22 ‘‘(6) FINANCIAL OBLIGATION.—The term ‘fi23 nancial obligation’ means any note, bond, debenture,

24 or other debt obligation issued by an obligor in con-
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1 nection with the financing of an aircraft purchase,

2 other than a Federal credit instrument.

3 ‘‘(7) LENDER.—The term ‘lender’ means any

4 non-Federal qualified institutional buyer (as defined

5 by section 230.144A(a) of title 17, Code of Federal

6 Regulations (or any successor regulation) known as

7 Rule 144A(a) of the Security and Exchange Com8 mission and issued under the Security Act of 1933

9 (15 U.S.C. 77a et seq.)), including—

10 ‘‘(A) a qualified retirement plan (as de11 fined in section 4974(c) of the Internal Revenue

12 Code of 1986) that is a qualified institutional

13 buyer; and

14 ‘‘(B) a governmental plan (as defined in

15 section 414(d) of the Internal Revenue Code of

16 1986) that is a qualified institutional buyer.

17 ‘‘(8) LINE OF CREDIT.—The term ‘line of cred18 it’ means an agreement entered into by the Sec19 retary with an obligor under section 41763(d) to

20 provide a direct loan at a future date upon the oc21 currence of certain events.

22 ‘‘(9) LOAN GUARANTEE.—The term ‘loan guar23 antee’ means any guarantee or other pledge by the

24 Secretary under section 41763(c) to pay all or part

25 of any of the principal of and interest on a loan or
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1 other debt obligation issued by an obligor and fund2 ed by a lender.

3 ‘‘(10) NEW ENTRANT AIR CARRIER.—The term

4 ‘new entrant air carrier’ means an air carrier that

5 has been providing air transportation according to a

6 published schedule for less than 5 years, including

7 any person that has received authority from the Sec8 retary to provide air transportation but is not pro9 viding air transportation.

10 ‘‘(11) NONHUB AIRPORT.—The term ‘nonhub

11 airport’ means an airport that each year has less

12 than .05 percent of the total annual boardings in the

13 United States.

14 ‘‘(12) OBLIGOR.—The term ‘obligor’ means a

15 party primarily liable for payment of the principal of

16 or interest on a Federal credit instrument, which

17 party may be a corporation, partnership, joint ven18 ture, trust, or governmental entity, agency, or in19 strumentality.

20 ‘‘(13) REGIONAL JET AIRCRAFT.—The term ‘re21 gional jet aircraft’ means a civil aircraft—

22 ‘‘(A) powered by jet propulsion; and

23 ‘‘(B) designed to have a maximum pas24 senger seating capacity of not less than 30 nor

25 more than 75.
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1 ‘‘(14) SECURED LOAN.—The term ‘secured

2 loan’ means a direct loan funded by the Secretary in

3 connection with the financing of an aircraft purchase

4 under section 41763(b).

5 ‘‘(15) SMALL HUB AIRPORT.—The term ‘small

6 hub airport’ means an airport that each year has at

7 least .05 percent, but less than .25 percent, of the

8 total annual boardings in the United States.

9 ‘‘(16) UNDERSERVED MARKET.—The term ‘un10 derserved market’ means a passenger air transpor11 tation market (as defined by the Secretary) that—

12 ‘‘(A) is served (as determined by the Sec13 retary) by a nonhub airport or a small hub air14 port;

15 ‘‘(B) is not within a 40-mile radius of an

16 airport that each year has at least .25 percent

17 of the total annual boardings in the United

18 States; and

19 ‘‘(C) the Secretary determines does not

20 have sufficient air service.

21 ‘‘§ 41763. Federal credit instruments

22 ‘‘(a) IN GENERAL.—Subject to this section, the Sec23 retary of Transportation may enter into agreements with

24 1 or more obligors to make available Federal credit instru-
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1 ments, the proceeds of which shall be used to finance air2 craft purchases.

3 ‘‘(b) SECURED LOANS.—

4 ‘‘(1) TERMS AND LIMITATIONS.—

5 ‘‘(A) IN GENERAL.—A secured loan under

6 this section with respect to an aircraft purchase

7 shall be on such terms and conditions and con8 tain such covenants, representatives, warran9 ties, and requirements (including requirements

10 for audits) as the Secretary determines appro11 priate.

12 ‘‘(B) MAXIMUM AMOUNT.—No secured

13 loan may be made under this section—

14 ‘‘(i) extending to more than 50 per15 cent of the purchase price of the aircraft,

16 including spare parts, to be purchased; or

17 ‘‘(ii) exceeding $100,000,000.

18 ‘‘(C) MATURITY DATE.—The final matu19 rity date of the secured loan shall not be later

20 than 18 years after the date of execution of the

21 loan agreement.

22 ‘‘(D) SUBORDINATION.—The secured loan

23 may be subordinate to claims of other holders

24 of obligations in the event of bankruptcy, insol-
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1 vency, or liquidation of the obligor as deter2 mined appropriate by the Secretary.

3 ‘‘(E) FEES.—The Secretary may establish

4 fees at the level sufficient to cover all or a por5 tion of the costs of the United States Govern6 ment of making a secured loan under this sec7 tion.

8 ‘‘(2) REPAYMENT.—

9 ‘‘(A) SCHEDULE.—The Secretary shall es10 tablish a repayment schedule for each secured

11 loan under this section based on the projected

12 cash flow from aircraft revenues and other re13 payment sources.

14 ‘‘(B) COMMENCEMENT.—Scheduled loan

15 repayments of principal or interest on a secured

16 loan under this section shall commence no later

17 than 3 years after the date of execution of the

18 loan agreement.

19 ‘‘(3) PREPAYMENT.—

20 ‘‘(A) USE OF EXCESS REVENUE.—After

21 satisfying scheduled debt service requirements

22 on all financial obligations and secured loans

23 and all deposit requirements under the terms of

24 any trust agreement, bond resolution, or similar

25 agreement securing financial obligations, the se-
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1 cured loan may be prepaid at anytime without

2 penalty.

3 ‘‘(B) USE OF PROCEEDS OF REFI4 NANCING.—The secured loan may be prepaid at

5 any time without penalty from proceeds of refi6 nancing from non-Federal funding sources.

7 ‘‘(c) LOAN GUARANTEES.—

8 ‘‘(1) IN GENERAL.—A loan guarantee under

9 this section with respect to a loan made for an air10 craft purchase shall be made in such form and on

11 such terms and conditions and contain such cov12 enants, representatives, warranties, and require13 ments (including requirements for audits) as the

14 Secretary determines appropriate.

15 ‘‘(2) MAXIMUM AMOUNT.—No loan guarantee

16 shall be made under this section—

17 ‘‘(A) extending to more than the unpaid

18 interest and 50 percent of the unpaid principal

19 an any loan;

20 ‘‘(B) on any loan or combination of loans

21 for more than 50 percent of the purchase price

22 of the aircraft, including spare parts, to be pur23 chased with the loan or loan combination;
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•S 1174 IS

1 ‘‘(C) on any loan with respect to which

2 terms permit repayment more than 15 years

3 after the date of execution of the loan; or

4 ‘‘(D) in any case in which the total face

5 amount of the loan and any loans to the same

6 air carrier that are guaranteed and outstanding

7 under the terms of this section exceed

8 $100,000,000.

9 ‘‘(3) FEES.—The Secretary may establish fees

10 at the level sufficient to cover all or a portion of the

11 costs of the United States Government of making a

12 loan guarantee under this section.

13 ‘‘(d) LINES OF CREDIT.—

14 ‘‘(1) IN GENERAL.—Subject to the require15 ments of this subsection, the Secretary may enter

16 into agreements to make available lines of credit to

17 1 or more obligors in the form of direct loans to be

18 made by the Secretary at future dates on the occur19 rence of certain events for any aircraft purchase se20 lected under this section.

21 ‘‘(2) TERMS AND LIMITATIONS.—

22 ‘‘(A) IN GENERAL.—A line of credit loan

23 under this subsection with respect to an aircraft

24 purchase shall be on such terms and conditions

25 and contain such covenants, representatives,
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1 warranties, and requirements (including re2 quirements for audits) as the Secretary deter3 mines appropriate.

4 ‘‘(B) MAXIMUM AMOUNT.—

5 ‘‘(i) TOTAL AMOUNT.—The amount of

6 any line of credit shall not exceed 50 per7 cent of the reasonable anticipated eligible

8 costs.

9 ‘‘(ii) 1–YEAR DRAWS.—The amount

10 drawn in any year shall not exceed 20 per11 cent of the total amount of the line of

12 credit.

13 ‘‘(C) DRAWS.—Any draw on the line of

14 credit shall represent a direct loan.

15 ‘‘(D) PERIOD OF AVAILABILITY.—The line

16 of credit shall be available not more than 5

17 years after the aircraft purchase.

18 ‘‘(E) RIGHTS OF THIRD-PARTY CREDI19 TORS.—

20 ‘‘(i) AGAINST UNITED STATES GOV21 ERNMENT.—A third-party creditor of the

22 obligor shall not have any right against the

23 United States Government with respect to

24 any draw on the line of credit.
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1 ‘‘(ii) ASSIGNMENT.—An obligor may

2 assign the line of credit to 1 or more lend3 ers or to a trustee on the lender’s behalf.

4 ‘‘(F) SUBORDINATION.—A direct loan

5 under this subsection may be subordinate to

6 claims of other holders of obligations in the

7 event of bankruptcy, insolvency, or liquidation

8 of the obligor as determined appropriate by the

9 Secretary.

10 ‘‘(G) FEES.—The Secretary may establish

11 fees at the level sufficient to cover all the costs

12 of the United States Government of providing a

13 line of credit under this subsection.

14 ‘‘(3) REPAYMENT.—

15 ‘‘(A) SCHEDULE.—The Secretary shall es16 tablish a repayment schedule for each direct

17 loan under this section.

18 ‘‘(B) COMMENCEMENT.—Scheduled loan

19 repayments of principal or interest on a direct

20 loan under this section shall commence no later

21 than 3 years after the date of execution of the

22 loan agreement and shall be fully repaid, with

23 interest, not later than 18 years after the date

24 of execution of the loan agreement.
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1 ‘‘(e) RISK ASSESSMENT.—Before entering into an

2 agreement under this section to make available a Federal

3 credit instrument, the Secretary, in consultation with the

4 Director of the Office of Management and Budget, shall

5 determine an appropriate capital reserve subsidy amount

6 for the Federal credit instrument.

7 ‘‘(f) CONDITIONS.—Subject to subsection (h), the

8 Secretary may only make a Federal credit instrument

9 available under this section if the Secretary finds that—

10 ‘‘(1) the aircraft to be purchased with the Fed11 eral credit instrument is a regional jet aircraft need12 ed to improve the service and efficiency of operation

13 of the commuter air carrier or new entrant air car14 rier;

15 ‘‘(2) the commuter air carrier or new entrant

16 air carrier agrees to use the aircraft to provide serv17 ice to underserved markets; and

18 ‘‘(3) the prospective earning power of the com19 muter air carrier or new entrant air carrier, together

20 with the character and value of the security pledged,

21 furnish—

22 ‘‘(A) reasonable assurances of the air car23 rier’s ability and intention to repay the Federal

24 credit instrument within the terms established

25 by the Secretary—
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•S 1174 IS

1 ‘‘(i) to continue its operations as an

2 air carrier; and

3 ‘‘(ii) to the extent that the Secretary

4 determines to be necessary, to continue its

5 operations as an air carrier between the

6 same route or routes being operated by the

7 air carrier at the time of the issuance of

8 the Federal credit instrument; and

9 ‘‘(B) reasonable protection to the United

10 States.

11 ‘‘(g) LIMITATION ON COMBINED AMOUNT OF FED12 ERAL CREDIT INSTRUMENTS.—The Secretary shall not

13 allow the combined amount of Federal credit instruments

14 available for any aircraft purchase under this section to

15 exceed—

16 ‘‘(1) 50 percent of the cost of the aircraft pur17 chase; or

18 ‘‘(2) $100,000,000 for any single obligor.

19 ‘‘(h) REQUIREMENT.—Subject to subsection (i), no

20 Federal credit instrument may be made under this section

21 for the purchase of any regional jet aircraft that does not

22 comply with the stage 3 noise levels of part 36 of title

23 14 of the Code of Federal Regulations, as in effect on Jan24 uary 1, 1999.
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•S 1174 IS

1 ‘‘(i) OTHER LIMITATIONS.—No Federal credit instru2 ment shall be made by the Secretary under this section

3 for the purchase of a regional jet aircraft unless the com4 muter air carrier or new entrant air carrier agrees that

5 it will provide scheduled passenger air transportation to

6 the underserved market for which the aircraft is pur7 chased for a period of not less than 36 consecutive months

8 after the aircraft is placed in service.

9 ‘‘§ 41764. Use of Federal facilities and assistance

10 ‘‘(a) USE OF FEDERAL FACILITIES.—To permit the

11 Secretary of Transportation to make use of such expert

12 advice and services as the Secretary may require in car13 rying out this subchapter, the Secretary may use available

14 services and facilities of other agencies and instrumental15 ities of the United States Government—

16 ‘‘(1) with the consent of the appropriate Fed17 eral officials; and

18 ‘‘(2) on a reimbursable basis.

19 ‘‘(b) ASSISTANCE.—The head of each appropriate de20 partment or agency of the United States Government shall

21 exercise the duties and functions of that head in such

22 manner as to assist in carrying out the policy specified

23 in section 41761.

24 ‘‘(c) OVERSIGHT.—The Secretary shall make avail25 able to the Comptroller General of the United States such
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1 information with respect to any Federal credit instrument

2 made available under this subchapter as the Comptroller

3 General may require to carry out the duties of the Comp4 troller General under chapter 7 of title 31.

5 ‘‘§ 41765. Receipts; payments

6 ‘‘(a) MISCELLANEOUS.—Amounts received by the

7 Secretary of Transportation under this subchapter shall

8 be credited to miscellaneous receipts of the Treasury.

9 ‘‘(b) PAYMENTS.—Payments to lenders required as a

10 consequence of any loan guarantee made under this sub11 chapter may be made from funds appropriated pursuant

12 to the authorization under section 212 of the Aviation In13 vestment Reform Act of the 21st Century.

14 ‘‘(c) ADMINISTRATIVE EXPENSES.—In carrying out

15 this subchapter, the Secretary shall use funds made avail16 able by appropriations to the Department of Transpor17 tation for the purpose of administration to cover adminis18 trative expenses of the Federal credit instrument program

19 under this subchapter.

20 ‘‘§ 41766. Termination

21 ‘‘The authority of the Secretary of Transportation

22 under section 41763 shall terminate on the date that is

23 5 years after the date of the enactment of this sub24 chapter.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 417 is amended by adding at the end the fol3 lowing:

‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

‘‘Sec.

‘‘41761. Purpose.

‘‘41762. Definitions.

‘‘41763. Federal credit instruments.

‘‘41764. Use of Federal facilities and assistance.

‘‘41765. Receipts; payments.

‘‘41766. Termination.’’.

4 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated for each of

6 fiscal years 2000 through 2004 such sums as may be nec7 essary to carry out subchapter III of chapter 417 of title

8 49, United States Code.

9 TITLE III—FAA MANAGEMENT

10 REFORM

11 SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

12 Section 40102(a) is amended—

13 (1) by redesignating paragraphs (5) through

14 (41) as paragraphs (6) through (42), respectively;

15 and

16 (2) by inserting after paragraph (4) the fol17 lowing:

18 ‘‘(5) ‘air traffic control system’ means the com19 bination of elements used to safely and efficiently

20 monitor, direct, control, and guide aircraft in the
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1 United States and United States-assigned airspace,

2 including—

3 ‘‘(A) allocated electromagnetic spectrum

4 and physical, real, personal, and intellectual

5 property assets making up facilities, equipment,

6 and systems employed to detect, track, and

7 guide aircraft movement;

8 ‘‘(B) laws, regulations, orders, directives,

9 agreements, and licenses;

10 ‘‘(C) published procedures that explain re11 quired actions, activities, and techniques used

12 to ensure adequate aircraft separation; and

13 ‘‘(D) trained personnel with specific tech14 nical capabilities to satisfy the operational, en15 gineering, management, and planning require16 ments for air traffic control.’’.

17 SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

18 (a) ESTABLISHMENT.—

19 (1) IN GENERAL.—Chapter 1 is amended by

20 adding at the end the following:

21 ‘‘§ 113. Air Traffic Control Oversight Board

22 ‘‘(a) ESTABLISHMENT.—There is established within

23 the Department of Transportation an ‘Air Traffic Control

24 Oversight Board’ (in this section referred to as the ‘Over25 sight Board’).
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1 ‘‘(b) MEMBERSHIP.—

2 ‘‘(1) COMPOSITION.—The Oversight Board

3 shall be composed of 9 members, as follows:

4 ‘‘(A) Six members shall be individuals who

5 are not otherwise Federal officers or employees

6 and who are appointed by the President, by and

7 with the advice and consent of the Senate.

8 ‘‘(B) One member shall be the Secretary of

9 Transportation or, if the Secretary so des10 ignates, the Deputy Secretary of Transpor11 tation.

12 ‘‘(C) One member shall be the Adminis13 trator of the Federal Aviation Administration.

14 ‘‘(D) One member shall be an individual

15 who is appointed by the President, by and with

16 the advice and consent of the Senate, from

17 among individuals who are the leaders of their

18 respective unions of air traffic control system

19 employees.

20 ‘‘(2) QUALIFICATIONS AND TERMS.—

21 ‘‘(A) QUALIFICATIONS.—Members of the

22 Oversight Board described in paragraph (1)(A)

23 shall—

24 ‘‘(i) have a fiduciary responsibility to

25 represent the public interest;
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•S 1174 IS

1 ‘‘(ii) be citizens of the United States;

2 and

3 ‘‘(iii) be appointed without regard to

4 political affiliation and solely on the basis

5 of their professional experience and exper6 tise in 1 or more of the following areas:

7 ‘‘(I) Management of large service

8 organizations.

9 ‘‘(II) Customer service.

10 ‘‘(III) Management of large pro11 curements.

12 ‘‘(IV) Information and commu13 nications technology.

14 ‘‘(V) Organizational development.

15 ‘‘(VI) Labor relations.

16 At least 3 members of the Oversight Board ap17 pointed under paragraph (1)(A) should have

18 knowledge of, or a background in, aviation. At

19 least one of such members should have a back20 ground in managing large organizations suc21 cessfully. In the aggregate, such members

22 should collectively bring to bear expertise in all

23 of the areas described in subclauses (I) through

24 (VI) of clause (iii).
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1 ‘‘(B) PROHIBITIONS.—No member of the

2 Oversight Board described in paragraph (1)(A)

3 may—

4 ‘‘(i) have a pecuniary interest in, or

5 own stock in or bonds of, an aviation or

6 aeronautical enterprise;

7 ‘‘(ii) engage in another business re8 lated to aviation or aeronautics; or

9 ‘‘(iii) be a member of any organization

10 that engages, as a substantial part of its

11 activities, in activities to influence aviation12 related legislation.

13 ‘‘(C) TERMS FOR AIR TRAFFIC CONTROL

14 REPRESENTATIVES.—A member appointed

15 under paragraph (1)(D) shall be appointed for

16 a term of 3 years, except that the term of such

17 individual shall end whenever the individual no

18 longer meets the requirements of paragraph

19 (1)(D).

20 ‘‘(D) TERMS FOR NONFEDERAL OFFICERS

21 OR EMPLOYEES.—A member appointed under

22 paragraph (1)(A) shall be appointed for a term

23 of 5 years, except that of the members first ap24 pointed under paragraph (1)(A)—
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1 ‘‘(i) 2 members shall be appointed for

2 a term of 3 years;

3 ‘‘(ii) 2 members shall be appointed for

4 a term of 4 years; and

5 ‘‘(iii) 2 members shall be appointed

6 for a term of 5 years.

7 ‘‘(E) REAPPOINTMENT.—An individual

8 may not be appointed under paragraph (1)(A)

9 to more than two 5-year terms on the Oversight

10 Board.

11 ‘‘(F) VACANCY.—Any vacancy on the Over12 sight Board shall be filled in the same manner

13 as the original appointment. Any member ap14 pointed to fill a vacancy occurring before the

15 expiration of the term for which the member’s

16 predecessor was appointed shall be appointed

17 for the remainder of that term.

18 ‘‘(3) ETHICAL CONSIDERATIONS.—

19 ‘‘(A) FINANCIAL DISCLOSURE.—During

20 the entire period that an individual appointed

21 under subparagraph (A) or (D) of paragraph

22 (1) is a member of the Oversight Board, such

23 individual shall be treated as serving as an offi24 cer or employee referred to in section 101(f) of

25 the Ethics in Government Act of 1978 for pur-
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1 poses of title I of such Act, except that section

2 101(d) of such Act shall apply without regard

3 to the number of days of service in the position.

4 ‘‘(B) RESTRICTIONS ON POST-EMPLOY5 MENT.—For purposes of section 207(c) of title

6 18, an individual appointed under subparagraph

7 (A) or (D) of paragraph (1) shall be treated as

8 an employee referred to in section

9 207(c)(2)(A)(i) of such title during the entire

10 period the individual is a member of the Board,

11 except that subsections (c)(2)(B) and (f) of sec12 tion 207 of such title shall not apply.

13 ‘‘(C) WAIVER.—At the time the President

14 nominates an individual for appointment as a

15 member of the Oversight Board under para16 graph (1)(D), the President may waive for the

17 term of the member any appropriate provision

18 of chapter 11 of title 18, to the extent such

19 waiver is necessary to allow the member to par20 ticipate in the decisions of the Board while con21 tinuing to serve as a full-time Federal employee

22 or a representative of employees. Any such

23 waiver shall not be effective unless a written in24 tent of waiver to exempt such member (and ac-
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1 tual waiver language) is submitted to the Sen2 ate with the nomination of such member.

3 ‘‘(4) QUORUM.—Five members of the Oversight

4 Board shall constitute a quorum. A majority of

5 members present and voting shall be required for the

6 Oversight Board to take action.

7 ‘‘(5) REMOVAL.—Any member of the Oversight

8 Board appointed under subparagraph (A) or (D) of

9 paragraph (1) may be removed for cause by the

10 President.

11 ‘‘(6) CLAIMS.—

12 ‘‘(A) IN GENERAL.—A member of the

13 Oversight Board appointed under subparagraph

14 (A) or (D) of paragraph (1) shall have no per15 sonal liability under Federal law with respect to

16 any claim arising out of or resulting from an

17 act or omission by such member within the

18 scope of service as a member of the Oversight

19 Board.

20 ‘‘(B) EFFECT ON OTHER LAW.—This para21 graph shall not be construed—

22 ‘‘(i) to affect any other immunity or

23 protection that may be available to a mem24 ber of the Oversight Board under applica25 ble law with respect to such transactions;
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1 ‘‘(ii) to affect any other right or rem2 edy against the United States under appli3 cable law; or

4 ‘‘(iii) to limit or alter in any way the

5 immunities that are available under appli6 cable law for Federal officers and employ7 ees.

8 ‘‘(c) GENERAL RESPONSIBILITIES.—

9 ‘‘(1) OVERSIGHT.—The Oversight Board shall

10 oversee the Federal Aviation Administration in its

11 administration, management, conduct, direction, and

12 supervision of the air traffic control system.

13 ‘‘(2) CONFIDENTIALITY.—The Oversight Board

14 shall ensure that appropriate confidentiality is main15 tained in the exercise of its duties.

16 ‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight

17 Board shall have the following specific responsibilities:

18 ‘‘(1) STRATEGIC PLANS.—To review, approve,

19 and monitor achievements under a strategic plan of

20 the Federal Aviation Administration for the air traf21 fic control system, including the establishment of—

22 ‘‘(A) a mission and objectives;

23 ‘‘(B) standards of performance relative to

24 such mission and objectives, including safety,

25 efficiency, and productivity; and
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1 ‘‘(C) annual and long-range strategic

2 plans.

3 ‘‘(2) MODERNIZATION AND IMPROVEMENT.—To

4 review and approve—

5 ‘‘(A) methods of the Federal Aviation Ad6 ministration to accelerate air traffic control

7 modernization and improvements in aviation

8 safety related to air traffic control; and

9 ‘‘(B) procurements of air traffic control

10 equipment by the Federal Aviation Administra11 tion in excess of $100,000,000.

12 ‘‘(3) OPERATIONAL PLANS.—To review the

13 operational functions of the Federal Aviation Admin14 istration, including—

15 ‘‘(A) plans for modernization of the air

16 traffic control system;

17 ‘‘(B) plans for increasing productivity or

18 implementing cost-saving measures; and

19 ‘‘(C) plans for training and education.

20 ‘‘(4) MANAGEMENT.—To—

21 ‘‘(A) review and approve the Administra22 tor’s appointment of a Chief Operating Officer

23 under section 106(r);

24 ‘‘(B) review the Administrator’s selection,

25 evaluation, and compensation of senior execu-
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1 tives of the Federal Aviation Administration

2 who have program management responsibility

3 over significant functions of the air traffic con4 trol system;

5 ‘‘(C) review and approve the Administra6 tor’s plans for any major reorganization of the

7 Federal Aviation Administration that would im8 pact on the management of the air traffic con9 trol system;

10 ‘‘(D) review and approve the Administra11 tor’s cost accounting and financial management

12 structure and technologies to help ensure effi13 cient and cost-effective air traffic control oper14 ation; and

15 ‘‘(E) review the performance and coopera16 tion of managers responsible for major acquisi17 tion projects, including the ability of the man18 agers to meet schedule and budget targets.

19 ‘‘(5) BUDGET.—To—

20 ‘‘(A) review and approve the budget re21 quest of the Federal Aviation Administration

22 related to the air traffic control system pre23 pared by the Administrator;

24 ‘‘(B) submit such budget request to the

25 Secretary of Transportation; and
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1 ‘‘(C) ensure that the budget request sup2 ports the annual and long-range strategic plans.

3 The Secretary shall submit the budget request referred to

4 in paragraph (5)(B) for any fiscal year to the President

5 who shall submit such request, without revision, to the

6 Committees on Transportation and Infrastructure and

7 Appropriations of the House of Representatives and the

8 Committees on Commerce, Science, and Transportation

9 and Appropriations of the Senate, together with the Presi10 dent’s annual budget request for the Federal Aviation Ad11 ministration for such fiscal year.

12 ‘‘(e) REPORTING OF OVERTURNING OF BOARD DECI13 SIONS.—If the Secretary or Administrator overturns a de14 cision of the Oversight Board, the Secretary or Adminis15 trator, as appropriate shall report such action to the Presi16 dent, the Committee on Transportation and Infrastructure

17 of the House of Representatives, and the Committee on

18 Commerce, Science, and Transportation of the Senate.

19 ‘‘(f) BOARD PERSONNEL MATTERS.—

20 ‘‘(1) COMPENSATION OF MEMBERS.—

21 ‘‘(A) IN GENERAL.—Each member of the

22 Oversight Board who is—

23 ‘‘(i) appointed under subsection

24 (b)(1)(A); or
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1 ‘‘(ii) appointed under subsection

2 (b)(1)(D) and is not otherwise a Federal

3 officer or employee,

4 shall be compensated at a rate of $30,000 per

5 year. All other members shall serve without

6 compensation for such service.

7 ‘‘(B) CHAIRPERSON.—Notwithstanding

8 subparagraph (A), the chairperson of the Over9 sight Board shall be compensated at a rate of

10 $50,000 per year.

11 ‘‘(2) TRAVEL EXPENSES.—

12 ‘‘(A) IN GENERAL.—The members of the

13 Oversight Board shall be allowed travel ex14 penses, including per diem in lieu of subsist15 ence, at rates authorized for employees of agen16 cies under subchapter I of chapter 57 of title 5

17 to attend meetings of the Oversight Board and,

18 with the advance approval of the chairperson of

19 the Oversight Board, while otherwise away from

20 their homes or regular places of business for

21 purposes of duties as a member of the Over22 sight Board.

23 ‘‘(B) REPORT.—The Oversight Board shall

24 include in its annual report under subsection

25 (g)(3)(A) information with respect to the travel
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1 expenses allowed for members of the Oversight

2 Board under this paragraph.

3 ‘‘(3) STAFF.—

4 ‘‘(A) IN GENERAL.—The chairperson of

5 the Oversight Board may appoint and terminate

6 any personnel that may be necessary to enable

7 the Board to perform its duties.

8 ‘‘(B) DETAIL OF GOVERNMENT EMPLOY9 EES.—Upon request of the chairperson of the

10 Oversight Board, a Federal agency shall detail

11 a United States Government employee to the

12 Oversight Board without reimbursement. Such

13 detail shall be without interruption or loss of

14 civil service status or privilege.

15 ‘‘(4) PROCUREMENT OF TEMPORARY AND

16 INTERMITTENT SERVICES.—The chairperson of the

17 Oversight Board may procure temporary and inter18 mittent services under section 3109(b) of title 5.

19 ‘‘(g) ADMINISTRATIVE MATTERS.—

20 ‘‘(1) CHAIR.—

21 ‘‘(A) TERM.—The members of the Over22 sight Board shall elect for a 2-year term a

23 chairperson from among the members ap24 pointed under subsection (b)(1)(A).
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1 ‘‘(B) POWERS.—Except as otherwise pro2 vided by a majority vote of the Oversight

3 Board, the powers of the chairperson shall

4 include—

5 ‘‘(i) establishing committees;

6 ‘‘(ii) setting meeting places and times;

7 ‘‘(iii) establishing meeting agendas;

8 and

9 ‘‘(iv) developing rules for the conduct

10 of business.

11 ‘‘(2) MEETINGS.—The Oversight Board shall

12 meet at least quarterly and at such other times as

13 the chairperson determines appropriate.

14 ‘‘(3) REPORTS.—

15 ‘‘(A) ANNUAL.—The Oversight Board shall

16 each year report with respect to the conduct of

17 its responsibilities under this title to the Presi18 dent, the Committee on Transportation and In19 frastructure of the House of Representatives,

20 and the Committee on Commerce, Science, and

21 Transportation of the Senate.

22 ‘‘(B) ADDITIONAL REPORT.—Upon a de23 termination by the Oversight Board under sub24 section (c)(1) that the organization and oper25 ation of the Federal Aviation Administration’s
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1 air traffic control system are not allowing the

2 Federal Aviation Administration to carry out its

3 mission, the Oversight Board shall report such

4 determination to the Committee on Transpor5 tation and Infrastructure of the House of Rep6 resentatives and the Committee on Commerce,

7 Science, and Transportation of the Senate.

8 ‘‘(C) COMPTROLLER GENERAL’S RE9 PORT.—Not later than April 30, 2004, the

10 Comptroller General of the United States shall

11 transmit to the Committee on Transportation

12 and Infrastructure of the House of Representa13 tives and the Committee on Commerce, Science,

14 and Transportation of the Senate a report on

15 the success of the Oversight Board in improving

16 the performance of the air traffic control sys17 tem.’’.

18 (2) CONFORMING AMENDMENT.—The analysis

19 for chapter 1 is amended by adding at the end the

20 following:

‘‘113. Air Traffic Control Oversight Board.’’.

21 (b) EFFECTIVE DATES.—

22 (1) IN GENERAL.—The amendments made by

23 this section shall take effect on the date of enact24 ment of this Act.
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1 (2) INITIAL NOMINATIONS TO AIR TRAFFIC

2 CONTROL OVERSIGHT BOARD.—The President shall

3 submit the initial nominations of the air traffic con4 trol oversight board to the Senate not later than 3

5 months after the date of enactment of this Act.

6 (3) EFFECT ON ACTIONS PRIOR TO APPOINT7 MENT OF OVERSIGHT BOARD.—Nothing in this sec8 tion shall be construed to invalidate the actions and

9 authority of the Federal Aviation Administration

10 prior to the appointment of the members of the Air

11 Traffic Control Oversight Board.

12 SEC. 303. CHIEF OPERATING OFFICER.

13 Section 106 is amended by adding at the end the fol14 lowing:

15 ‘‘(r) CHIEF OPERATING OFFICER.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) APPOINTMENT.—There shall be a

18 Chief Operating Officer for the air traffic con19 trol system to be appointed by the Adminis20 trator, with approval of the Air Traffic Control

21 Oversight Board established by section 113.

22 The Chief Operating Officer shall report di23 rectly to the Administrator and shall be subject

24 to the authority of the Administrator.
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1 ‘‘(B) QUALIFICATIONS.—The Chief Oper2 ating Officer shall have a demonstrated ability

3 in management and knowledge of or experience

4 in aviation.

5 ‘‘(C) TERM.—The Chief Operating Officer

6 shall be appointed for a term of 5 years.

7 ‘‘(D) REMOVAL.—The Chief Operating Of8 ficer shall serve at the pleasure of the Adminis9 trator, except that the Administrator shall

10 make every effort to ensure stability and con11 tinuity in the leadership of the air traffic con12 trol system.

13 ‘‘(E) VACANCY.—Any individual appointed

14 to fill a vacancy in the position of Chief Oper15 ating Officer occurring before the expiration of

16 the term for which the individual’s predecessor

17 was appointed shall be appointed for the re18 mainder of that term.

19 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—

20 The Administrator and the Chief Operating Officer,

21 in consultation with the Air Traffic Control Over22 sight Board, shall enter into an annual performance

23 agreement that sets forth measurable organization

24 and individual goals for the Chief Operating Officer

25 in key operational areas. The agreement shall be
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1 subject to review and renegotiation on an annual

2 basis.

3 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

4 Chief Operating Officer shall prepare and submit to

5 the Secretary of Transportation and Congress an

6 annual management report containing such informa7 tion as may be prescribed by the Secretary.’’.

8 SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY

9 COUNCIL.

10 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

11 to read as follows:

12 ‘‘(C) 13 members representing aviation in13 terests, appointed by—

14 ‘‘(i) in the case of initial appointments

15 to the Council, the President by and with

16 the advice and consent of the Senate; and

17 ‘‘(ii) in the case of subsequent ap18 pointments to the Council, the Secretary of

19 Transportation.’’.

20 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i)

21 is amended by striking ‘‘by the President’’.

22 SEC. 305. ENVIRONMENTAL STREAMLINING.

23 (a) COORDINATED ENVIRONMENTAL REVIEW PROC24 ESS.—
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1 (1) DEVELOPMENT AND IMPLEMENTATION.—

2 The Secretary shall develop and implement a coordi3 nated environmental review process for aviation in4 frastructure projects that require—

5 (A) the preparation of an environmental

6 impact statement or environmental assessment

7 under the National Environmental Policy Act of

8 1969 (42 U.S.C. 4321 et seq.), except that the

9 Secretary may decide not to apply this section

10 to the preparation of an environmental assess11 ment under such Act; or

12 (B) the conduct of any other environ13 mental review, analysis, opinion, or issuance of

14 an environmental permit, license, or approval by

15 operation of Federal law.

16 (2) MEMORANDUM OF UNDERSTANDING.—

17 (A) IN GENERAL.—The coordinated envi18 ronmental review process for each project shall

19 ensure that, whenever practicable (as specified

20 in this section), all environmental reviews, anal21 yses, opinions, and any permits, licenses, or ap22 provals that must be issued or made by any

23 Federal agency for the project concerned shall

24 be conducted concurrently and completed within

25 a cooperatively determined time period. Such
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1 process for a project or class of project may be

2 incorporated into a memorandum of under3 standing between the Department of Transpor4 tation and Federal agencies (and, where appro5 priate, State agencies).

6 (B) ESTABLISHMENT OF TIME PERIODS.—

7 In establishing the time period referred to in

8 subparagraph (A), and any time periods for re9 view within such period, the Department and all

10 such agencies shall take into account their re11 spective resources and statutory commitments.

12 (b) ELEMENTS OF COORDINATED ENVIRONMENTAL

13 REVIEW PROCESS.—For each project, the coordinated en14 vironmental review process established under this section

15 shall provide, at a minimum, for the following elements:

16 (1) FEDERAL AGENCY IDENTIFICATION.—The

17 Secretary shall, at the earliest possible time, identify

18 all potential Federal agencies that—

19 (A) have jurisdiction by law over environ20 mental-related issues that may be affected by

21 the project and the analysis of which would be

22 part of any environmental document required

23 by the National Environmental Policy Act of

24 1969 (42 U.S.C. 4321 et seq.); or
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1 (B) may be required by Federal law to

2 independently—

3 (i) conduct an environmental-related

4 review or analysis; or

5 (ii) determine whether to issue a per6 mit, license, or approval or render an opin7 ion on the environmental impact of the

8 project.

9 (2) TIME LIMITATIONS AND CONCURRENT RE10 VIEW.—The Secretary and the head of each Federal

11 agency identified under paragraph (1)—

12 (A)(i) shall jointly develop and establish

13 time periods for review for—

14 (I) all Federal agency comments with

15 respect to any environmental review docu16 ments required by the National Environ17 mental Policy Act of 1969 (42 U.S.C.

18 4321 et seq.) for the project; and

19 (II) all other independent Federal

20 agency environmental analyses, reviews,

21 opinions, and decisions on any permits, li22 censes, and approvals that must be issued

23 or made for the project;
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1 whereby each such Federal agency’s review

2 shall be undertaken and completed within such

3 established time periods for review; or

4 (ii) may enter into an agreement to estab5 lish such time periods for review with respect to

6 a class of project; and

7 (B) shall ensure, in establishing such time

8 periods for review, that the conduct of any such

9 analysis, review, opinion, and decision is under10 taken concurrently with all other environmental

11 reviews for the project, including the reviews re12 quired by the National Environmental Policy

13 Act of 1969 (42 U.S.C. 4321 et seq.); except

14 that such review may not be concurrent if the

15 affected Federal agency can demonstrate that

16 such concurrent review would result in a signifi17 cant adverse impact to the environment or sub18 stantively alter the operation of Federal law or

19 would not be possible without information de20 veloped as part of the environmental review

21 process.

22 (3) FACTORS TO BE CONSIDERED.—Time peri23 ods for review established under this section shall be

24 consistent with the time periods established by the

25 Council on Environmental Quality under sections
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1 1501.8 and 1506.10 of title 40, Code of Federal

2 Regulations.

3 (4) EXTENSIONS.—The Secretary shall extend

4 any time periods for review under this section if,

5 upon good cause shown, the Secretary and any Fed6 eral agency concerned determine that additional time

7 for analysis and review is needed as a result of new

8 information that has been discovered that could not

9 reasonably have been anticipated when the Federal

10 agency’s time periods for review were established.

11 Any memorandum of understanding shall be modi12 fied to incorporate any mutually agreed-upon exten13 sions.

14 (c) DISPUTE RESOLUTION.—When the Secretary de15 termines that a Federal agency which is subject to a time

16 period for its environmental review or analysis under this

17 section has failed to complete such review, analysis, opin18 ion, or decision on issuing any permit, license, or approval

19 within the established time period or within any agreed20 upon extension to such time period, the Secretary may,

21 after notice and consultation with such agency, close the

22 record on the matter before the Secretary. If the Secretary

23 finds, after timely compliance with this section, that an

24 environmental issue related to the project that an affected

25 Federal agency has jurisdiction over by operation of Fed-
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1 eral law has not been resolved, the Secretary and the head

2 of the Federal agency shall resolve the matter not later

3 than 30 days after the date of the finding by the Sec4 retary.

5 (d) PARTICIPATION OF STATE AGENCIES.—For any

6 project eligible for assistance under chapter 471 of title

7 49, United States Code, a State, by operation of State

8 law, may require that all State agencies that have jurisdic9 tion by State or Federal law over environmental-related

10 issues that may be affected by the project, or that are

11 required to issue any environmental-related reviews, anal12 yses, opinions, or determinations on issuing any permits,

13 licenses, or approvals for the project, be subject to the co14 ordinated environmental review process established under

15 this section unless the Secretary determines that a State’s

16 participation would not be in the public interest. For a

17 State to require State agencies to participate in the review

18 process, all affected agencies of the State shall be subject

19 to the review process.

20 (e) ASSISTANCE TO AFFECTED FEDERAL AGEN21 CIES.—

22 (1) IN GENERAL.—The Secretary may approve

23 a request by a State or other recipient of assistance

24 under chapter 471 of title 49, United States Code,

25 to provide funds made available from the Airport
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1 and Airway Trust Fund to the State or recipient for

2 an aviation project subject to the coordinated envi3 ronmental review process established under this sec4 tion to affected Federal agencies to provide the re5 sources necessary to meet any time limits estab6 lished under this section.

7 (2) AMOUNTS.—Such requests under paragraph

8 (1) shall be approved only—

9 (A) for the additional amounts that the

10 Secretary determines are necessary for the af11 fected Federal agencies to meet the time limits

12 for environmental review; and

13 (B) if such time limits are less than the

14 customary time necessary for such review.

15 (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

16 (1) JUDICIAL REVIEW.—Nothing in this section

17 shall affect the reviewability of any final Federal

18 agency action in a court of the United States or in

19 the court of any State.

20 (2) SAVINGS CLAUSE.—Nothing in this section

21 shall affect the applicability of the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

23 or any other Federal environmental statute or affect

24 the responsibility of any Federal officer to comply

25 with or enforce any such statute.
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1 (g) FEDERAL AGENCY DEFINED.—In this section,

2 the term ‘‘Federal agency’’ means any Federal agency or

3 any State agency carrying out affected responsibilities re4 quired by operation of Federal law.

5 SEC. 306. CLARIFICATION OF REGULATORY APPROVAL

6 PROCESS.

7 Section 106(f)(3)(B)(i) is amended—

8 (1) by striking ‘‘$100,000,000’’ each place it

9 appears and inserting ‘‘$250,000,000’’;

10 (2) by striking ‘‘Air Traffic Management Sys11 tem Performance Improvement Act of 1996’’ and in12 serting ‘‘Aviation Investment and Reform Act for

13 the 21st Century’’;

14 (3) in subclause (I)—

15 (A) by inserting ‘‘substantial and’’ before

16 ‘‘material’’; and

17 (B) by inserting ‘‘or’’ after the semicolon

18 at the end; and

19 (4) by striking subclauses (II), (III), and (IV)

20 and inserting the following:

21 ‘‘(II) raise novel or significant legal or

22 policy issues arising out of legal mandates

23 that may substantially and materially af24 fect other transportation modes.’’.
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1 SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO2 CATIONS.

3 (a) INDEPENDENT ASSESSMENT.—

4 (1) IN GENERAL.—The Inspector General of

5 the Department of Transportation shall conduct the

6 assessments described in this section. To conduct

7 the assessments, the Inspector General may use the

8 staff and resources of the Inspector General or con9 tract with 1 or more independent entities.

10 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

11 OF FAA COST DATA AND ATTRIBUTIONS.—

12 (A) IN GENERAL.—The Inspector General

13 shall conduct an assessment to ensure that the

14 method for calculating the overall costs of the

15 Federal Aviation Administration and attrib16 uting such costs to specific users is appropriate,

17 reasonable, and understandable to the users.

18 (B) COMPONENTS.—In conducting the as19 sessment under this paragraph, the Inspector

20 General shall assess the following:

21 (i) The Federal Aviation Administra22 tion’s cost input data, including the reli23 ability of the Federal Aviation Administra24 tion’s source documents and the integrity

25 and reliability of the Federal Aviation Ad26 ministration’s data collection process.
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1 (ii) The Federal Aviation Administra2 tion’s system for tracking assets.

3 (iii) The Federal Aviation Administra4 tion’s bases for establishing asset values

5 and depreciation rates.

6 (iv) The Federal Aviation Administra7 tion’s system of internal controls for ensur8 ing the consistency and reliability of re9 ported data.

10 (v) The Federal Aviation Administra11 tion’s definition of the services to which

12 the Federal Aviation Administration ulti13 mately attributes its costs.

14 (vi) The cost pools used by the Fed15 eral Aviation Administration and the ra16 tionale for and reliability of the bases

17 which the Federal Aviation Administration

18 proposes to use in allocating costs of serv19 ices to users.

20 (C) REQUIREMENTS FOR ASSESSMENT OF

21 COST POOLS.—In carrying out subparagraph

22 (B)(vi), the Inspector General shall—

23 (i) review costs that cannot reliably be

24 attributed to specific Federal Aviation Ad25 ministration services or activities (called
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1 ‘‘common and fixed costs’’ in the Federal

2 Aviation Administration Cost Allocation

3 Study) and consider alternative methods

4 for allocating such costs; and

5 (ii) perform appropriate tests to as6 sess relationships between costs in the var7 ious cost pools and activities and services

8 to which the costs are attributed by the

9 Federal Aviation Administration.

10 (3) COST EFFECTIVENESS.—

11 (A) IN GENERAL.—The Inspector General

12 shall assess the progress of the Federal Avia13 tion Administration in cost and performance

14 management, including use of internal and ex15 ternal benchmarking in improving the perform16 ance and productivity of the Federal Aviation

17 Administration.

18 (B) ANNUAL REPORTS.—Not later than

19 December 31, 2000, and annually thereafter

20 until December 31, 2004, the Inspector General

21 shall transmit to Congress an updated report

22 containing the results of the assessment con23 ducted under this paragraph.

24 (C) INFORMATION TO BE INCLUDED IN

25 FAA FINANCIAL REPORT.—The Administrator
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1 shall include in the annual financial report of

2 the Federal Aviation Administration informa3 tion on the performance of the Administration

4 sufficient to permit users and others to make

5 an informed evaluation of the progress of the

6 Administration in increasing productivity.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $1,600,000 for fiscal year 2000.

10 TITLE IV—FAMILY ASSISTANCE

11 SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR12 TATION SAFETY BOARD.

13 (a) PROHIBITION ON UNSOLICITED COMMUNICA14 TIONS.—

15 (1) IN GENERAL.—Section 1136(g)(2) is

16 amended—

17 (A) by striking ‘‘transportation,’’ and in18 serting ‘‘transportation and in the event of an

19 accident involving a foreign air carrier that oc20 curs within the United States,’’;

21 (B) by inserting after ‘‘attorney’’ the fol22 lowing: ‘‘(including any associate, agent, em23 ployee, or other representative of an attorney)’’;

24 and
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1 (C) by striking ‘‘30th day’’ and inserting

2 ‘‘45th day’’.

3 (2) ENFORCEMENT.—Section 1151 is amended

4 by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each

5 place it appears.

6 (b) PROHIBITION ON ACTIONS TO PREVENT MENTAL

7 HEALTH AND COUNSELING SERVICES.—Section 1136(g)

8 is amended by adding at the end the following:

9 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

10 MENTAL HEALTH AND COUNSELING SERVICES.—No

11 State or political subdivision may prevent the em12 ployees, agents, or volunteers of an organization des13 ignated for an accident under subsection (a)(2) from

14 providing mental health and counseling services

15 under subsection (c)(1) in the 30-day period begin16 ning on the date of the accident. The director of

17 family support services designated for the accident

18 under subsection (a)(1) may extend such period for

19 not to exceed an additional 30 days if the director

20 determines that the extension is necessary to meet

21 the needs of the families and if State and local au22 thorities are notified of the determination.’’.

23 (c) INCLUSION OF NONREVENUE PASSENGERS IN

24 FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is

25 amended to read as follows:
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1 ‘‘(2) PASSENGER.—The term ‘passenger’

2 includes—

3 ‘‘(A) an employee of an air carrier or for4 eign air carrier aboard an aircraft; and

5 ‘‘(B) any other person aboard the aircraft

6 without regard to whether the person paid for

7 the transportation, occupied a seat, or held a

8 reservation for the flight.’’.

9 (d) LIMITATION ON STATUTORY CONSTRUCTION.—

10 Section 1136 is amended by adding at the end the fol11 lowing:

12 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

13 Nothing in this section may be construed as limiting the

14 actions that an air carrier may take, or the obligations

15 that an air carrier may have, in providing assistance to

16 the families of passengers involved in an aircraft acci17 dent.’’.

18 SEC. 402. AIR CARRIER PLANS.

19 (a) CONTENTS OF PLANS.—

20 (1) FLIGHT RESERVATION INFORMATION.—Sec21 tion 41113(b) is amended by adding at the end the

22 following:

23 ‘‘(14) An assurance that, upon request of the

24 family of a passenger, the air carrier will inform the

25 family of whether the passenger’s name appeared on
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1 a preliminary passenger manifest for the flight in2 volved in the accident.’’.

3 (2) TRAINING OF EMPLOYEES AND AGENTS.—

4 Section 41113(b), as amended by paragraph (1) of

5 this subsection, is amended by adding at the end the

6 following:

7 ‘‘(15) An assurance that the air carrier will

8 provide adequate training to the employees and

9 agents of the carrier to meet the needs of survivors

10 and family members following an accident.’’.

11 (3) SUBMISSION OF UPDATED PLANS.—The

12 amendments made by paragraphs (1) and (2) shall

13 take effect on the 180th day following the date of

14 enactment of this Act. On or before such 180th day,

15 each air carrier holding a certificate of public con16 venience and necessity under section 41102 of title

17 49, United States Code, shall submit to the Sec18 retary of Transportation and the Chairman of the

19 National Transportation Safety Board an updated

20 plan under section 41113 of such title that meets

21 the requirement of the amendments made by para22 graphs (1) and (2).

23 (4) CONSULTATION ON CARRIER RESPONSE NOT

24 COVERED BY A PLAN.—Section 41113(c) is amended

25 by striking ‘‘has included as part of such applica-
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1 tion’’ and all that follows through the period at the

2 end and inserting the following: ‘‘has included as

3 part of such application—

4 ‘‘(1) a plan that meets the requirements of sub5 section (b); and

6 ‘‘(2) an agreement that in the event that the air

7 carrier volunteers assistance to United States citi8 zens within the United States in the case of an air9 craft accident outside the United States involving

10 major loss of life, the air carrier will consult with

11 the Board and the Department of State on the pro12 vision of the assistance.’’.

13 (5) CONFORMING AMENDMENTS.—Section

14 41113 is amended—

15 (A) in subsection (a) by striking ‘‘Not later

16 than 6 months after the date of the enactment

17 of this section, each air carrier’’ and inserting

18 ‘‘Each air carrier’’; and

19 (B) in subsection (c) by striking ‘‘After the

20 date that is 6 months after the date of the en21 actment of this section, the Secretary’’ and in22 serting ‘‘The Secretary’’.

23 (b) LIMITATION ON LIABILITY.—Section 41113(d) is

24 amended by inserting ‘‘, or in providing information con25 cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.
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1 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Section 41113 is amended by adding at the end the fol3 lowing:

4 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

5 Nothing in this section may be construed as limiting the

6 actions that an air carrier may take, or the obligations

7 that an air carrier may have, in providing assistance to

8 the families of passengers involved in an aircraft acci9 dent.’’.

10 SEC. 403. FOREIGN AIR CARRIER PLANS.

11 (a) INCLUSION OF NONREVENUE PASSENGERS IN

12 FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is

13 amended to read as follows:

14 ‘‘(2) PASSENGER.—The term ‘passenger’ has

15 the meaning given such term by section 1136 of this

16 title.’’.

17 (b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—

18 Section 41313(b) is amended by striking ‘‘significant’’ and

19 inserting ‘‘major’’.

20 (c) CONTENTS OF PLANS.—

21 (1) IN GENERAL.—Section 41313(c) is amend22 ed by adding at the end the following:

23 ‘‘(15) An assurance that the foreign air carrier

24 will provide adequate training to the employees and
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1 agents of the carrier to meet the needs of survivors

2 and family members following an accident.’’.

3 (2) SUBMISSION OF UPDATED PLANS.—The

4 amendment made by paragraph (1) shall take effect

5 on the 180th day following the date of enactment of

6 this Act. On or before such 180th day, each foreign

7 air carrier providing foreign air transportation under

8 chapter 413 of title 49, United States Code, shall

9 submit to the Secretary of Transportation and the

10 Chairman of the National Transportation Safety

11 Board an updated plan under section 41313 of such

12 title that meets the requirement of the amendment

13 made by paragraph (1).

14 (d) CONSULTATION ON CARRIER RESPONSE NOT

15 COVERED BY A PLAN.—Section 41313(d) is amended by

16 striking ‘‘has included as part of the application or request

17 for exemption’’ and all that follows through the period at

18 the end and inserting ‘‘has included as part of the applica19 tion or request for exemption—

20 ‘‘(1) a plan that meets the requirements of sub21 section (c); and

22 ‘‘(2) an agreement that, in the event that the

23 foreign air carrier volunteers assistance to United

24 States citizens within the United States in the case

25 of an aircraft accident outside the United States in-
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1 volving major loss of life, the foreign air carrier will

2 consult with the Board and the Department of State

3 on the provision of the assistance.’’.

4 SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS

5 ACT.

6 (a) IN GENERAL.—Section 40120(a) is amended by

7 inserting ‘‘(including the Act entitled ‘An Act relating to

8 the maintenance of actions for death on the high seas and

9 other navigable waters’, approved March 30, 1920, com10 monly known as the Death on the High Seas Act (46

11 U.S.C. App. 761–767; 41 Stat. 537–538))’’ after ‘‘United

12 States’’.

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) applies to civil actions commenced after the

15 date of enactment of this Act and to civil actions that are

16 not adjudicated by a court of original jurisdiction or set17 tled on or before such date of enactment.

18 TITLE V—SAFETY

19 SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD20 LINES.

21 (a) IN GENERAL.—The Administrator shall require

22 by regulation that, no later than December 31, 2002,

23 equipment be installed, on each cargo aircraft with a max24 imum certificated takeoff weight in excess of 15,000 kilo-
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1 grams, that provides protection from mid-air collisions

2 using technology that provides—

3 (1) cockpit based collision detection and conflict

4 resolution guidance, including display of traffic; and

5 (2) a margin of safety of at least the same level

6 as provided by the collision avoidance system known

7 as TCAS–II.

8 (b) EXTENSION OF DEADLINE.—The Administrator

9 may extend the deadline established by subsection (a) by

10 not more than 2 years if the Administrator finds that the

11 extension is needed to promote—

12 (1) a safe and orderly transition to the oper13 ation of a fleet of cargo aircraft equipped with colli14 sion avoidance equipment; or

15 (2) other safety or public interest objectives.

16 SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI17 CANTS.

18 Section 44936(f) is amended—

19 (1) in paragraph (1)(B) by inserting ‘‘(except a

20 branch of the United States Armed Forces, the Na21 tional Guard, or a reserve component of the United

22 States Armed Forces)’’ after ‘‘person’’ the first

23 place it appears;
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1 (2) in paragraph (1)(B)(ii) by striking ‘‘indi2 vidual’’ the first place it appears and inserting ‘‘indi3 vidual’s performance as a pilot’’;

4 (3) in paragraph (14)(B) by inserting ‘‘or from

5 a foreign government or entity that employed the in6 dividual’’ after ‘‘exists’’; and

7 (4) by adding at the end the following:

8 ‘‘(15) ELECTRONIC ACCESS TO FAA

9 RECORDS.—For the purpose of increasing timely and

10 efficient access to Federal Aviation Administration

11 records described in paragraph (1), the Adminis12 trator may allow, under terms established by the Ad13 ministrator, a designated individual to have elec14 tronic access to a specified database containing in15 formation about such records.’’.

16 SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EM17 PLOYEES.

18 Section 347(b)(1) of the Department of Transpor19 tation and Related Agencies Appropriations Act, 1996 (49

20 U.S.C. 106 note; 109 Stat. 460) is amended by inserting

21 before the semicolon at the end the following: ‘‘, including

22 the provisions for investigation and enforcement as pro23 vided in chapter 12 of title 5, United States Code’’.
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1 SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

2 Section 44701 is amended by adding at the end the

3 following:

4 ‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE5 LINES.—The Administrator shall issue guidelines and en6 courage the development of air safety risk mitigation pro7 grams throughout the aviation industry, including self-au8 dits and self-disclosure programs.’’.

9 SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE

10 RULES.

11 Not later than 30 days after the date of enactment

12 of this Act, the Administrator shall issue a notice of pro13 posed rulemaking to develop procedures to protect air car14 riers and their employees from civil enforcement actions

15 under the program known as Flight Operations Quality

16 Assurance. Not later than 1 year after the last day of the

17 period for public comment provided for in the notice of

18 proposed rulemaking, the Administrator shall issue a final

19 rule establishing such procedures.

20 SEC. 506. SMALL AIRPORT CERTIFICATION.

21 Not later than 60 days after the date of enactment

22 of this Act, the Administrator shall issue a notice of pro23 posed rulemaking on implementing section 44706(a)(2) of

24 title 49, United States Code, relating to issuance of air25 port operating certificates for small scheduled passenger

26 air carrier operations. Not later than 1 year after the last
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1 day of the period for public comment provided for in the

2 notice of proposed rulemaking, the Administrator shall

3 issue a final rule on implementing such program.

4 SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

5 (a) IN GENERAL.—Chapter 447 is amended by add6 ing at the end the following:

7 ‘‘§ 44725. Life-limited aircraft parts

8 ‘‘(a) IN GENERAL.—The Administrator of the Fed9 eral Aviation Administration shall conduct a rulemaking

10 proceeding to require the safe disposition of life-limited

11 parts removed from an aircraft. The rulemaking pro12 ceeding shall ensure that the disposition deter installation

13 on an aircraft of a life-limited part that has reached or

14 exceeded its life limits.

15 ‘‘(b) SAFE DISPOSITION.—For the purposes of this

16 section, safe disposition includes any of the following

17 methods:

18 ‘‘(1) The part may be segregated under cir19 cumstances that preclude its installation on an air20 craft.

21 ‘‘(2) The part may be permanently marked to

22 indicate its used life status.

23 ‘‘(3) The part may be destroyed in any manner

24 calculated to prevent reinstallation in an aircraft.
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1 ‘‘(4) The part may be marked, if practicable, to

2 include the recordation of hours, cycles, or other air3 worthiness information. If the parts are marked with

4 cycles or hours of usage, that information must be

5 updated when the part is retired from service.

6 ‘‘(5) Any other method approved by the Admin7 istrator.

8 ‘‘(c) DEADLINES.—In conducting the rulemaking

9 proceeding under subsection (a), the Administrator

10 shall—

11 ‘‘(1) not later than 180 days after the date of

12 enactment of this section, issue a notice of proposed

13 rulemaking; and

14 ‘‘(2) not later than 180 days after the close of

15 the comment period on the proposed rule, issue a

16 final rule.

17 ‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No

18 rule issued under subsection (a) shall require the marking

19 of parts removed before the effective date of the rules

20 issued under subsection (a), nor shall any such rule forbid

21 the installation of an otherwise airworthy life-limited

22 part.’’.

23 (b) CIVIL PENALTY.—Section 46301(a)(3) is

24 amended—
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1 (1) in subparagraph (A) by striking ‘‘or’’ at the

2 end;

3 (2) in subparagraph (B) by striking the period

4 at the end and inserting a semicolon; and

5 (3) by adding at the end the following:

6 ‘‘(C) a violation of section 44725, relating to

7 the safe disposal of life-limited aircraft parts; or’’.

8 (c) CONFORMING AMENDMENT.—The analysis for

9 chapter 447 is further amended by adding at the end the

10 following:

‘‘44725. Life-limited aircraft parts.’’.

11 SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

12 (a) IN GENERAL.—Chapter 463 is amended—

13 (1) by redesignating section 46316 as section

14 46317; and

15 (2) by inserting after section 46315 the fol16 lowing:

17 ‘‘§ 46316. Interference with cabin or flight crew

18 ‘‘An individual who interferes with the duties or re19 sponsibilities of the flight crew or cabin crew of a civil

20 aircraft, or who poses an imminent threat to the safety

21 of the aircraft or other individuals on the aircraft, is liable

22 to the United States Government for a civil penalty of not

23 more than $25,000.’’.
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1 (b) COMPROMISE AND SETOFF.—Section

2 46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ be3 fore ‘‘or 47107(b)’’.

4 (c) CONFORMING AMENDMENT.—The analysis for

5 chapter 463 is amended by striking the item relating to

6 section 46316 and inserting after the item relating to sec7 tion 46315 the following:

‘‘46316. Interference with cabin or flight crew.

‘‘46317. General criminal penalty when specific penalty not provided.’’.

8 SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT

9 SYSTEM.

10 Not later than March 1, 2000, and annually there11 after for the next 5 years, the Administrator shall trans12 mit to the Committee on Transportation and Infrastruc13 ture of the House of Representatives and the Committee

14 on Commerce, Science, and Transportation of the Senate

15 a report on the progress of the Federal Aviation Adminis16 tration in implementing the air transportation oversight

17 system. At a minimum, the report shall indicate—

18 (1) any funding or staffing constraints that

19 would adversely impact the Administration’s ability

20 to fully develop and implement such system;

21 (2) progress in integrating the aviation safety

22 data derived from such system’s inspections with ex23 isting aviation data of the Administration in the
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1 safety performance analysis system of the Adminis2 tration; and

3 (3) the Administration’s efforts in collaboration

4 with the aviation industry to develop and validate

5 safety performance measures and appropriate risk

6 weightings for the air transportation oversight sys7 tem.

8 SEC. 510. AIRPLANE EMERGENCY LOCATORS.

9 (a) REQUIREMENT.—Section 44712(b) is amended to

10 read as follows:

11 ‘‘(b) NONAPPLICATION.—Subsection (a) does not

12 apply to aircraft when used in—

13 ‘‘(1) scheduled flights by scheduled air carriers

14 holding certificates issued by the Secretary of Trans15 portation under subpart II of this part;

16 ‘‘(2) training operations conducted entirely

17 within a 50-mile radius of the airport from which

18 the training operations begin;

19 ‘‘(3) flight operations related to the design and

20 testing, manufacture, preparation, and delivery of

21 aircraft;

22 ‘‘(4) research and development if the aircraft

23 holds a certificate from the Administrator of the

24 Federal Aviation Administration to carry out such

25 research and development;
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1 ‘‘(5) showing compliance with regulations, exhi2 bition, or air racing; or

3 ‘‘(6) the aerial application of a substance for an

4 agricultural purpose.’’.

5 (b) COMPLIANCE.—Section 44712 is amended by re6 designating subsection (c) as subsection (d) and by insert7 ing after subsection (b) the following:

8 ‘‘(c) COMPLIANCE.—An aircraft meets the require9 ment of subsection (a) if it is equipped with an emergency

10 locator transmitter that transmits on the 121.5/243 mega11 hertz frequency or the 406 megahertz frequency, or with

12 other equipment approved by the Secretary for meeting

13 the requirement of subsection (a).’’.

14 (c) EFFECTIVE DATE; REGULATIONS.—

15 (1) REGULATIONS.—The Secretary of Trans16 portation shall issue regulations under section

17 44712(b) of title 49, United States Code, as amend18 ed by this section not later than January 1, 2002.

19 (2) EFFECTIVE DATE.—The amendments made

20 by this section shall take effect on January 1, 2002.
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1 TITLE VI—WHISTLEBLOWER

2 PROTECTION

3 SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR

4 SAFETY INFORMATION.

5 (a) GENERAL RULE.—Chapter 421 is amended by

6 adding at the end the following:

7 ‘‘SUBCHAPTER III—WHISTLEBLOWER

8 PROTECTION PROGRAM

9 ‘‘§ 42121. Protection of employees providing air safety

10 information

11 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY12 EES.—No air carrier or contractor or subcontractor of an

13 air carrier may discharge an employee or otherwise dis14 criminate against an employee with respect to compensa15 tion, terms, conditions, or privileges of employment be16 cause the employee (or any person acting pursuant to a

17 request of the employee)—

18 ‘‘(1) provided, caused to be provided, or is

19 about to provide (with the knowledge of the em20 ployer) or cause to be provided to the Federal Gov21 ernment information relating to any violation or al22 leged violation of any order, regulation, or standard

23 of the Federal Aviation Administration or any other

24 provision of Federal law relating to air carrier safety
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1 under this subtitle or any other law of the United

2 States;

3 ‘‘(2) has filed, caused to be filed, or is about to

4 file (with the knowledge of the employer) or cause

5 to be filed a proceeding relating to any violation or

6 alleged violation of any order, regulation, or stand7 ard of the Federal Aviation Administration or any

8 other provision of Federal law relating to air carrier

9 safety under this subtitle or any other law of the

10 United States;

11 ‘‘(3) testified or is about to testify in such a

12 proceeding; or

13 ‘‘(4) assisted or participated or is about to as14 sist or participate in such a proceeding.

15 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE16 DURE.—

17 ‘‘(1) FILING AND NOTIFICATION.—A person

18 who believes that he or she has been discharged or

19 otherwise discriminated against by a person in viola20 tion of subsection (a) may, not later than 90 days

21 after the date on which such violation occurs, file (or

22 have any person file on his or her behalf) a com23 plaint with the Secretary of Labor alleging such dis24 charge or discrimination. Upon receipt of such a

25 complaint, the Secretary of Labor shall notify, in
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1 writing, the person named in the complaint and the

2 Administrator of the Federal Aviation Administra3 tion of the filing of the complaint, of the allegations

4 contained in the complaint, of the substance of evi5 dence supporting the complaint, and of the opportu6 nities that will be afforded to such person under

7 paragraph (2).

8 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—

9 ‘‘(A) IN GENERAL.—Not later than 60

10 days after the date of receipt of a complaint

11 filed under paragraph (1) and after affording

12 the person named in the complaint an oppor13 tunity to submit to the Secretary of Labor a

14 written response to the complaint and an oppor15 tunity to meet with a representative of the Sec16 retary to present statements from witnesses,

17 the Secretary of Labor shall conduct an inves18 tigation and determine whether there is reason19 able cause to believe that the complaint has

20 merit and notify, in writing, the complainant

21 and the person alleged to have committed a vio22 lation of subsection (a) of the Secretary’s find23 ings. If the Secretary of Labor concludes that

24 there is a reasonable cause to believe that a vio25 lation of subsection (a) has occurred, the Sec-
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1 retary shall accompany the Secretary’s findings

2 with a preliminary order providing the relief

3 prescribed by paragraph (3)(B). Not later than

4 30 days after the date of notification of find5 ings under this paragraph, either the person al6 leged to have committed the violation or the

7 complainant may file objections to the findings

8 or preliminary order, or both, and request a

9 hearing on the record. The filing of such objec10 tions shall not operate to stay any reinstate11 ment remedy contained in the preliminary

12 order. Such hearings shall be conducted expedi13 tiously. If a hearing is not requested in such

14 30-day period, the preliminary order shall be

15 deemed a final order that is not subject to judi16 cial review.

17 ‘‘(B) REQUIREMENTS.—

18 ‘‘(i) REQUIRED SHOWING BY COM19 PLAINANT.—The Secretary of Labor shall

20 dismiss a complaint filed under this sub21 section and shall not conduct an investiga22 tion otherwise required under subpara23 graph (A) unless the complainant makes a

24 prima facie showing that any behavior de25 scribed in paragraphs (1) through (4) of
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1 subsection (a) was a contributing factor in

2 the unfavorable personnel action alleged in

3 the complaint.

4 ‘‘(ii) SHOWING BY EMPLOYER.—Not5 withstanding a finding by the Secretary

6 that the complainant has made the show7 ing required under clause (i), no investiga8 tion otherwise required under subpara9 graph (A) shall be conducted if the em10 ployer demonstrates, by clear and con11 vincing evidence, that the employer would

12 have taken the same unfavorable personnel

13 action in the absence of that behavior.

14 ‘‘(iii) CRITERIA FOR DETERMINATION

15 BY SECRETARY.—The Secretary may de16 termine that a violation of subsection (a)

17 has occurred only if the complainant dem18 onstrates that any behavior described in

19 paragraphs (1) through (4) of subsection

20 (a) was a contributing factor in the unfa21 vorable personnel action alleged in the

22 complaint.

23 ‘‘(iv) PROHIBITION.—Relief may not

24 be ordered under subparagraph (A) if the

25 employer demonstrates by clear and con-
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1 vincing evidence that the employer would

2 have taken the same unfavorable personnel

3 action in the absence of that behavior.

4 ‘‘(3) FINAL ORDER.—

5 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE6 MENT AGREEMENTS.—Not later than 120 days

7 after the date of conclusion of a hearing under

8 paragraph (2), the Secretary of Labor shall

9 issue a final order providing the relief pre10 scribed by this paragraph or denying the com11 plaint. At any time before issuance of a final

12 order, a proceeding under this subsection may

13 be terminated on the basis of a settlement

14 agreement entered into by the Secretary of

15 Labor, the complainant, and the person alleged

16 to have committed the violation.

17 ‘‘(B) REMEDY.—If, in response to a com18 plaint filed under paragraph (1), the Secretary

19 of Labor determines that a violation of sub20 section (a) has occurred, the Secretary of Labor

21 shall order the person who committed such vio22 lation to—

23 ‘‘(i) take affirmative action to abate

24 the violation;
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1 ‘‘(ii) reinstate the complainant to his

2 or her former position together with the

3 compensation (including back pay) and re4 store the terms, conditions, and privileges

5 associated with his or her employment; and

6 ‘‘(iii) provide compensatory damages

7 to the complainant.

8 If such an order is issued under this paragraph,

9 the Secretary of Labor, at the request of the

10 complainant, shall assess against the person

11 against whom the order is issued a sum equal

12 to the aggregate amount of all costs and ex13 penses (including attorneys’ and expert witness

14 fees) reasonably incurred, as determined by the

15 Secretary of Labor, by the complainant for, or

16 in connection with, the bringing the complaint

17 upon which the order was issued.

18 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the

19 Secretary of Labor finds that a complaint

20 under paragraph (1) is frivolous or has been

21 brought in bad faith, the Secretary of Labor

22 may award to the prevailing employer a reason23 able attorney’s fee not exceeding $5,000.

24 ‘‘(4) REVIEW.—
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1 ‘‘(A) APPEAL TO COURT OF APPEALS.—

2 Any person adversely affected or aggrieved by

3 an order issued under paragraph (3) may ob4 tain review of the order in the United States

5 Court of Appeals for the circuit in which the

6 violation, with respect to which the order was

7 issued, allegedly occurred or the circuit in which

8 the complainant resided on the date of such vio9 lation. The petition for review must be filed not

10 later than 60 days after the date of the

11 issuance of the order of the Secretary of Labor.

12 Review shall conform to chapter 7 of title 5.

13 The commencement of proceedings under this

14 subparagraph shall not, unless ordered by the

15 court, operate as a stay of the order.

16 ‘‘(B) LIMITATION ON COLLATERAL AT17 TACK.—An order of the Secretary of Labor

18 with respect to which review could have been

19 obtained under subparagraph (A) shall not be

20 subject to judicial review in any criminal or

21 other civil proceeding.

22 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

23 OF LABOR.—Whenever a person has failed to comply

24 with an order issued under paragraph (3), the Sec25 retary of Labor may file a civil action in the United
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1 States district court for the district in which the vio2 lation was found to occur to enforce such order. In

3 actions brought under this paragraph, the district

4 courts shall have jurisdiction to grant all appropriate

5 relief including, but not limited to, injunctive relief

6 and compensatory damages.

7 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

8 ‘‘(A) COMMENCEMENT OF ACTION.—A per9 son on whose behalf an order was issued under

10 paragraph (3) may commence a civil action

11 against the person to whom such order was

12 issued to require compliance with such order.

13 The appropriate United States district court

14 shall have jurisdiction, without regard to the

15 amount in controversy or the citizenship of the

16 parties, to enforce such order.

17 ‘‘(B) ATTORNEY FEES.—The court, in

18 issuing any final order under this paragraph,

19 may award costs of litigation (including reason20 able attorney and expert witness fees) to any

21 party whenever the court determines such

22 award is appropriate.

23 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im24 posed by this section shall be enforceable in a mandamus

25 proceeding brought under section 1361 of title 28.
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1 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA2 TIONS.—Subsection (a) shall not apply with respect to an

3 employee of an air carrier, contractor, or subcontractor

4 who, acting without direction from such air carrier, con5 tractor, or subcontractor (or such person’s agent), delib6 erately causes a violation of any requirement relating to

7 air carrier safety under this subtitle or any other law of

8 the United States.

9 ‘‘(e) CONTRACTOR DEFINED.—In this section, the

10 term ‘contractor’ means a company that performs safety11 sensitive functions by contract for an air carrier.’’.

12 (b) CONFORMING AMENDMENT.—The analysis for

13 chapter 421 is amended by adding at the end the fol14 lowing:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

‘‘42121. Protection of employees providing air safety information.’’.

15 SEC. 602. CIVIL PENALTY.

16 Section 46301(a)(1)(A) is amended by striking ‘‘sub17 chapter II of chapter 421’’ and inserting ‘‘subchapter II

18 or III of chapter 421’’.

19 TITLE VII—MISCELLANEOUS

20 PROVISIONS

21 SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

22 Section 106(g)(1)(A) is amended by striking

23 ‘‘40113(a), (c), and (d),’’ and all that follows through
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1 ‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),

2 40113(d), 40113(e), 40114(a), and 40119, chapter 445

3 (except sections 44501(b), 44502(a)(2), 44502(a)(3),

4 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and

5 44515), chapter 447 (except sections 44717, 44718(a),

6 44718(b), 44719, 44720, 44721(b), 44722, and 44723),

7 chapter 449 (except sections 44903(d), 44904, 44905,

8 44907–44911, 44913, 44915, and 44931–44934), chapter

9 451, chapter 453, sections’’.

10 SEC. 702. PUBLIC AIRCRAFT.

11 (a) RESTATEMENT OF DEFINITION OF PUBLIC AIR12 CRAFT WITHOUT SUBSTANTIVE CHANGE.—Section

13 40102(a)(38) (as redesignated by section 301 of this Act)

14 is amended to read as follows:

15 ‘‘(38) ‘public aircraft’ means an aircraft—

16 ‘‘(A) used only for the United States Gov17 ernment, and operated under the conditions

18 specified by section 40125(b) if owned by the

19 Government;

20 ‘‘(B) owned by the United States Govern21 ment, operated by any person for purposes re22 lated to crew training, equipment development,

23 or demonstration, and operated under the con24 ditions specified by section 40125(b);
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1 ‘‘(C) owned and operated by the govern2 ment of a State, the District of Columbia, a

3 territory or possession of the United States, or

4 a political subdivision of one of these govern5 ments, under the conditions specified by section

6 40125(c); or

7 ‘‘(D) exclusively leased for at least 90 con8 tinuous days by the government of a State, the

9 District of Columbia, a territory or possession

10 of the United States, or a political subdivision

11 of one of these governments.’’.

12 (b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA13 TUS.—

14 (1) IN GENERAL.—Chapter 401 is amended by

15 adding at the end the following:

16 ‘‘§ 40125. Qualifications for public aircraft status

17 ‘‘(a) DEFINITIONS.—In this section, the following

18 definitions apply:

19 ‘‘(1) COMMERCIAL PURPOSES.—The term ‘com20 mercial purposes’ means the transportation of per21 sons or property for compensation or hire, but does

22 not include the operation of an aircraft by one gov23 ernment on behalf of another government under a

24 cost reimbursement agreement if the government on

25 whose behalf the operation is conducted certifies to
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•S 1174 IS

1 the Administrator of the Federal Aviation Adminis2 tration that the operation is necessary to respond

3 to a significant and imminent threat to life or prop4 erty (including natural resources) and that no serv5 ice by a private operator is reasonably available to

6 meet the threat.

7 ‘‘(2) GOVERNMENTAL FUNCTION.—The term

8 ‘governmental function’ means an activity under9 taken by a government, such as firefighting, search

10 and rescue, law enforcement, aeronautical research,

11 or biological or geological resource management.

12 ‘‘(3) QUALIFIED NON-CREWMEMBER.—The

13 term ‘qualified non-crewmember’ means an indi14 vidual, other than a member of the crew, aboard an

15 aircraft—

16 ‘‘(A) operated by the armed forces or an

17 intelligence agency of the United States Gov18 ernment; or

19 ‘‘(B) whose presence is required to per20 form, or is associated with the performance of,

21 a governmental function.

22 ‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—

23 An aircraft described in subparagraph (A) or (B) of sec24 tion 40102(38), if owned by the Government, qualifies as

25 a public aircraft except when it is used for commercial
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1 purposes or to carry an individual other than a crew2 member or a qualified non-crewmember.

3 ‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOV4 ERNMENTS.—An aircraft described in 40102(38)(C)

5 qualifies as a public aircraft except when it is used for

6 commercial purposes or to carry an individual other than

7 a crewmember or a qualified non-crewmember.’’.

8 (2) CONFORMING AMENDMENT.—The analysis

9 for chapter 401 is amended by adding at the end the

10 following:

‘‘40125. Qualifications for public aircraft status.’’.

11 SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PRO12 POSALS.

13 Section 40110 is amended by adding at the end the

14 following:

15 ‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO16 POSALS.—

17 ‘‘(1) GENERAL RULE.—Except as provided in

18 paragraph (2), a proposal in the possession or con19 trol of the Administrator may not be made available

20 to any person under section 552 of title 5.

21 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

22 apply to any portion of a proposal of an offeror the

23 disclosure of which is authorized by the Adminis24 trator pursuant to procedures published in the Fed25 eral Register. The Administrator shall provide an
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1 opportunity for public comment on the procedures

2 for a period of not less than 30 days beginning on

3 the date of such publication in order to receive and

4 consider the views of all interested parties on the

5 procedures. The procedures shall not take effect be6 fore the 60th day following the date of such publica7 tion.

8 ‘‘(3) PROPOSAL DEFINED.—In this subsection,

9 the term ‘proposal’ means information contained in

10 or originating from any proposal, including a tech11 nical, management, or cost proposal, submitted by

12 an offeror in response to the requirements of a solic13 itation for a competitive proposal.’’.

14 SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.

15 Section 40111 is amended—

16 (1) by redesignating subsections (b) through (d)

17 as subsections (c) through (e), respectively; and

18 (2) by inserting after subsection (a) the fol19 lowing:

20 ‘‘(b) TELECOMMUNICATIONS SERVICES.—Notwith21 standing section 1341(a)(1)(B) of title 31, the Adminis22 trator may make a contract of not more than 10 years

23 for telecommunication services that are provided through

24 the use of a satellite if the Administrator finds that the

25 longer contract period would be cost beneficial.’’.
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1 SEC. 705. FEDERAL AVIATION ADMINISTRATION PER2 SONNEL MANAGEMENT SYSTEM.

3 (a) MEDIATION.—Section 40122(a)(2) is amended by

4 adding at the end the following: ‘‘The 60-day period shall

5 not include any period during which Congress has ad6 journed sine die.’’.

7 (b) RIGHT TO CONTEST ADVERSE PERSONNEL AC8 TIONS.—Section 40122 is amended by adding at the end

9 the following:

10 ‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC11 TIONS.—An employee of the Federal Aviation Administra12 tion who is the subject of a major adverse personnel action

13 may contest the action either through any contractual

14 grievance procedure that is applicable to the employee as

15 a member of the collective bargaining unit or through the

16 Administration’s internal process relating to review of

17 major adverse personnel actions of the Administration,

18 known as Guaranteed Fair Treatment or under section

19 347(c) of the Department of Transportation and Related

20 Agencies Appropriations Act, 1996.

21 ‘‘(h) ELECTION OF FORUM.—Where a major adverse

22 personnel action may be contested through more than one

23 of the indicated forums (such as the contractual grievance

24 procedure, the Federal Aviation Administration’s internal

25 process, or that of the Merit Systems Protection Board),

26 an employee must elect the forum through which the mat-
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1 ter will be contested. Nothing in this section is intended

2 to allow an employee to contest an action through more

3 than one forum unless otherwise allowed by law.

4 ‘‘(i) DEFINITION.—For purposes of this section, the

5 term ‘major adverse personnel action’ means a suspension

6 of more than 14 days, a reduction in pay or grade, a re7 moval for conduct or performance, a nondisciplinary re8 moval, a furlough of 30 days or less (but not including

9 placement in a nonpay status as the result of a lapse of

10 appropriations or an enactment by Congress), or a reduc11 tion in force action.’’.

12 (c) APPLICABILITY OF MERIT SYSTEMS PROTECTION

13 BOARD PROVISIONS.—Section 347(b) of the Department

14 of Transportation and Related Agencies Appropriations

15 Act, 1996 (109 Stat. 460) is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (6);

18 (2) by striking the period at the end of para19 graph (7) and inserting ‘‘; and’’; and

20 (3) by adding at the end the following:

21 ‘‘(8) sections 1204, 1211–1218, 1221, and

22 7701–7703, relating to the Merit Systems Protec23 tion Board.’’.

24 (d) APPEALS TO MERIT SYSTEMS PROTECTION

25 BOARD.—Section 347(c) of the Department of Transpor-
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1 tation and Related Agencies Appropriations Act, 1996 is

2 amended to read as follows:

3 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

4 BOARD.—Under the new personnel management system

5 developed and implemented under subsection (a), an em6 ployee of the Federal Aviation Administration may submit

7 an appeal to the Merit Systems Protection Board and may

8 seek judicial review of any resulting final orders or deci9 sions of the Board from any action that was appealable

10 to the Board under any law, rule, or regulation as of

11 March 31, 1996.’’.

12 SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.

13 (a) DISCRIMINATORY PRACTICES.—Section 41310(a)

14 is amended to read as follows:

15 ‘‘(a) PROHIBITIONS.—

16 ‘‘(1) IN GENERAL.—An air carrier or foreign

17 air carrier may not subject a person, place, port, or

18 type of traffic in foreign air transportation to unrea19 sonable discrimination.

20 ‘‘(2) DISCRIMINATION AGAINST PERSONS.—An

21 air carrier or foreign air carrier may not subject a

22 person in foreign air transportation to discrimina23 tion on the basis of race, color, national origin, reli24 gion, or sex.’’.
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1 (b) INTERSTATE AIR TRANSPORTATION.—Section

2 41702 is amended—

3 (1) by striking ‘‘An air carrier’’ and inserting

4 ‘‘(a) SAFE AND ADEQUATE AIR TRANSPOR5 TATION.—An air carrier’’; and

6 (2) by adding at the end the following:

7 ‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air

8 carrier may not subject a person in interstate air transpor9 tation to discrimination on the basis of race, color, na10 tional origin, religion, or sex.’’.

11 (c) DISCRIMINATION AGAINST HANDICAPPED INDI12 VIDUALS.—Section 41705 is amended by inserting ‘‘or

13 foreign air carrier’’ after ‘‘air carrier’’.

14 (d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBI15 TION ON DISCRIMINATION AGAINST THE HANDI16 CAPPED.—Section 46301(a)(3), as amended by section

17 507(b) of this Act, is amended by adding at the end the

18 following:

19 ‘‘(D) a violation of section 41705, relating to

20 discrimination against handicapped individuals.’’.

21 (e) INTERNATIONAL AVIATION STANDARDS FOR AC22 COMMODATING THE HANDICAPPED.—The Secretary of

23 Transportation shall work with appropriate international

24 organizations and the aviation authorities of other nations

25 to bring about the establishment of higher standards, if
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1 appropriate, for accommodating handicapped passengers

2 in air transportation, particularly with respect to foreign

3 air carriers that code share with domestic air carriers.

4 SEC. 707. JOINT VENTURE AGREEMENT.

5 Section 41716(a)(1) is amended by striking ‘‘an

6 agreement entered into by a major air carrier’’ and insert7 ing ‘‘an agreement entered into between 2 or more major

8 air carriers’’.

9 SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.

10 Section 44310 is amended by striking ‘‘March 31,

11 1999’’ and inserting ‘‘December 31, 2004’’.

12 SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHOR13 ITY.

14 Section 44502(a), as amended by section 153(b) of

15 this Act, is amended by adding at the end the following:

16 ‘‘(6) IMPROVEMENTS ON LEASED PROP17 ERTIES.—The Administrator may make improve18 ments to real property leased for an air navigation

19 facility, regardless of whether the cost of making the

20 improvements exceeds the cost of leasing the real

21 property, if—

22 ‘‘(A) the property is leased for free or

23 nominal rent;

24 ‘‘(B) the improvements primarily benefit

25 the Government;
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1 ‘‘(C) the improvements are essential for ac2 complishment of the mission of the Federal

3 Aviation Administration; and

4 ‘‘(D) the interest of the Government in the

5 improvements is protected.’’.

6 SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

7 CHICAGO CONVENTION.

8 Section 44701 is amended by—

9 (1) redesignating subsection (e) as subsection

10 (f); and

11 (2) by inserting after subsection (d) the fol12 lowing:

13 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER14 SIGHT RESPONSIBILITIES.—

15 ‘‘(1) IN GENERAL.—Notwithstanding the provi16 sions of this chapter, the Administrator, pursuant to

17 Article 83 of the Convention on International Civil

18 Aviation and by a bilateral agreement with the aero19 nautical authorities of another country, may ex20 change with that country all or part of their respec21 tive functions and duties with respect to registered

22 aircraft under the following articles of the Conven23 tion: Article 12 (Rules of the Air); Article 31 (Cer24 tificates of Airworthiness); or Article 32a (Licenses

25 of Personnel).
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1 ‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF

2 RESPONSIBILITY.—The Administrator relinquishes

3 responsibility with respect to the functions and du4 ties transferred by the Administrator as specified in

5 the bilateral agreement, under the Articles listed in

6 paragraph (1) for United States-registered aircraft

7 described in paragraph (4)(A) transferred abroad

8 and accepts responsibility with respect to the func9 tions and duties under those Articles for aircraft

10 registered abroad and described in paragraph (4)(B)

11 that are transferred to the United States.

12 ‘‘(3) CONDITIONS.—The Administrator may

13 predicate, in the agreement, the transfer of func14 tions and duties under this subsection on any condi15 tions the Administrator deems necessary and pru16 dent, except that the Administrator may not transfer

17 responsibilities for United States registered aircraft

18 described in paragraph (4)(A) to a country that the

19 Administrator determines is not in compliance with

20 its obligations under international law for the safety

21 oversight of civil aviation.

22 ‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this

23 subsection, the term ‘registered aircraft’ means—

24 ‘‘(A) aircraft registered in the United

25 States and operated pursuant to an agreement
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1 for the lease, charter, or interchange of the air2 craft or any similar arrangement by an oper3 ator that has its principal place of business or,

4 if it has no such place of business, its perma5 nent residence in another country; or

6 ‘‘(B) aircraft registered in a foreign coun7 try and operated under an agreement for the

8 lease, charter, or interchange of the aircraft or

9 any similar arrangement by an operator that

10 has its principal place of business or, if it has

11 no such place of business, its permanent resi12 dence in the United States.’’.

13 SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

14 Section 44703 is amended—

15 (1) by redesignating subsections (c) through (f)

16 as subsections (d) through (g), respectively; and

17 (2) by inserting after subsection (b) the fol18 lowing:

19 ‘‘(c) PUBLIC INFORMATION.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2)

21 and notwithstanding any other provision of law, the

22 records of the contents (as prescribed in subsection

23 (b)) of any airman certificate issued under this sec24 tion shall be made available to the public after the

25 90th day following the date of enactment of the
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1 Aviation Investment and Reform Act for the 21st

2 Century.

3 ‘‘(2) ADDRESSES OF AIRMEN.—Before making

4 the address of an airman available to the public

5 under paragraph (1), the airman shall be given an

6 opportunity to elect that the airman’s address not be

7 made available to the public.

8 ‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF

9 PROGRAM.—Not later than 60 days after the date of

10 enactment of the Aviation Investment and Reform

11 Act for the 21st Century, the Administrator shall

12 develop and implement, in cooperation with rep13 resentatives of the aviation industry, a one-time

14 written notification to airmen to set forth the impli15 cations of making the address of an airman available

16 to the public under paragraph (1) and to carry out

17 paragraph (2).’’.

18 SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CER19 TIFICATES.

20 Section 44709(e) is amended to read as follows:

21 ‘‘(e) EFFECTIVENESS OF ORDERS PENDING AP22 PEAL.—

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), if a person files an appeal with the Board
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1 under section (d), the order of the Administrator is

2 stayed.

3 ‘‘(2) EMERGENCIES.—If the Administrator ad4 vises the Board that an emergency exists and safety

5 in air commerce or air transportation requires the

6 order to be effective immediately, the order is effec7 tive, except that a person filing an appeal under sub8 section (d) may file a written petition to the Board

9 for an emergency stay on the issues of the appeal

10 that are related to the existence of the emergency.

11 The Board shall have 10 days to review the mate12 rials. If any 2 members of the Board determine that

13 sufficient grounds exist to grant a stay, an emer14 gency stay shall be granted. If an emergency stay is

15 granted, the Board must meet within 15 days of the

16 granting of the stay to make a final disposition of

17 the issues related to the existence of the emergency.

18 ‘‘(3) FINAL DISPOSITION OF APPEAL.—In all

19 cases, the Board shall make a final disposition of the

20 merits of the appeal not later than 60 days after the

21 Administrator advises the Board of the order.’’.

22 SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.

23 Section 44903 is amended by adding at the end the

24 following:
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1 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—

2 The Administrator may establish at individual airports

3 such consortia of government and aviation industry rep4 resentatives as the Administrator may designate to pro5 vide advice on matters related to aviation security and

6 safety. Such consortia shall not be considered Federal ad7 visory committees.’’.

8 SEC. 714. PASSENGER MANIFEST.

9 Section 44909(a)(2) is amended by striking ‘‘shall’’

10 and inserting ‘‘should’’.

11 SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERV12 ICES.

13 Section 45301 is amended—

14 (1) by striking subsection (a)(2) and inserting

15 the following:

16 ‘‘(2) Services (other than air traffic control

17 services) provided to a foreign government or to any

18 entity obtaining services outside the United States,

19 except that the Administrator shall not impose fees

20 in any manner for production-certification related

21 service performed outside the United States.’’; and

22 (2) by adding at the end the following:

23 ‘‘(d) PRODUCTION-CERTIFICATION RELATED SERV24 ICE DEFINED.—In this section, the term ‘production-cer25 tification related service’ has the meaning given that term
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1 in appendix C of part 187 of title 14, Code of Federal

2 Regulations.’’.

3 SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY

4 PROVISIONS.

5 Section 46301 is amended—

6 (1) in subsection (a)(1)(A) by striking ‘‘46302,

7 46303, or’’;

8 (2) in subsection (d)(7)(A) by striking ‘‘an indi9 vidual’’ the first place it appears and inserting ‘‘a

10 person’’; and

11 (3) in subsection (g) by inserting ‘‘or the Ad12 ministrator’’ after ‘‘Secretary’’.

13 SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY

14 ACT.

15 (a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH

16 STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amend17 ed in the first sentence by inserting ‘‘or foreign air car18 rier’’ after ‘‘air carrier’’.

19 (b) EXEMPTION FOR AIRCRAFT MODIFICATION OR

20 DISPOSAL.—Section 47528 is amended—

21 (1) in subsection (a) by inserting ‘‘or (f)’’ after

22 ‘‘(b)’’; and

23 (2) by adding at the end the following:

24 ‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After

25 December 31, 1999, the Secretary may provide a proce-
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1 dure under which a person may operate a stage 1 or stage

2 2 aircraft in nonrevenue service to or from an airport in

3 the United States in order to—

4 ‘‘(1) sell the aircraft outside the United States;

5 ‘‘(2) sell the aircraft for scrapping; or

6 ‘‘(3) obtain modifications to the aircraft to meet

7 stage 3 noise levels.’’.

8 (c) LIMITED OPERATION OF CERTAIN AIRCRAFT.—

9 Section 47528(e) is amended by adding at the end the

10 following:

11 ‘‘(4) An air carrier operating stage 2 aircraft under

12 this subsection may operate stage 2 aircraft to or from

13 the 48 contiguous States on a nonrevenue basis in order

14 to—

15 ‘‘(A) perform maintenance (including major al16 terations) or preventative maintenance on aircraft

17 operated, or to be operated, within the limitations of

18 paragraph (2)(B); or

19 ‘‘(B) conduct operations within the limitations

20 of paragraph (2)(B).’’.

21 SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHOR22 ITY.

23 (a) EXTENSION OF APPLICATION APPROVALS.—Sec24 tion 49108 is amended by striking ‘‘2001’’ and inserting

25 ‘‘2004’’.
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1 (b) ELIMINATION OF DEADLINE FOR APPOINTMENT

2 OF MEMBERS TO BOARD OF DIRECTORS.—Section

3 49106(c)(6) is amended by striking subparagraph (C) and

4 by redesignating subparagraph (D) as subparagraph (C).

5 SEC. 719. ACQUISITION MANAGEMENT SYSTEM.

6 Section 348 of the Department of Transportation and

7 Related Agencies Appropriations Act, 1996 (49 U.S.C.

8 106 note; 109 Stat. 460) is amended by striking sub9 section (c) and inserting the following:

10 ‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT

11 FISCAL YEAR.—Notwithstanding subsection (b)(3), the

12 Administrator may enter into contracts for procurement

13 of severable services that begin in one fiscal year and end

14 in another if (without regard to any option to extend the

15 period of the contract) the contract period does not exceed

16 1 year.’’.

17 SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.

18 (a) MEMBERSHIP.—

19 (1) APPOINTMENT.—Section 4(a)(5) of the

20 Centennial of Flight Commemoration Act (36 U.S.C.

21 143 note; 112 Stat. 3487) is amended by inserting

22 ‘‘, or his designee,’’ after ‘‘prominence’’.

23 (2) STATUS.—Section 4 of such Act (112 Stat.

24 3487) is amended by adding at the end the fol25 lowing:
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1 ‘‘(g) STATUS.—The members of the Commission de2 scribed in paragraphs (1), (3), (4), and (5) of subsection

3 (a) shall not be considered to be officers or employees of

4 the United States.’’.

5 (b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.

6 3488) is amended to read as follows:

7 ‘‘(7) as a nonprimary purpose, publish popular

8 and scholarly works related to the history of aviation

9 or the anniversary of the centennial of powered

10 flight.’’.

11 (c) CONFLICTS OF INTEREST.—Section 6 of such Act

12 (112 Stat. 3488–3489) is amended by adding at the end

13 the following:

14 ‘‘(e) CONFLICTS OF INTEREST.—At its second busi15 ness meeting, the Commission shall adopt a policy to pro16 tect against possible conflicts of interest involving its

17 members and employees. The Commission shall consult

18 with the Office of Government Ethics in the development

19 of such a policy and shall recognize the status accorded

20 its members under section 4(g).’’.

21 (d) EXECUTIVE DIRECTOR.—The first sentence of

22 section 7(a) of such Act (112 Stat. 3489) is amended by

23 striking the period at the end and inserting the following:

24 ‘‘or represented on the First Flight Centennial Advisory
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1 Board under subparagraphs (A) through (E) of section

2 12(b)(1).’’.

3 (e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

4 SEALS, AND MARKS.—

5 (1) USE OF FUNDS.—Section 9(d) of such Act

6 (112 Stat. 3490) is amended by striking the period

7 at the end and inserting the following: ‘‘, except that

8 the Commission may transfer any portion of such

9 funds that is in excess of the funds necessary to

10 carry out such duties to any Federal agency or the

11 National Air and Space Museum of the Smithsonian

12 Institution to be used for the sole purpose of com13 memorating the history of aviation or the centennial

14 of powered flight.’’.

15 (2) DUTIES TO BE CARRIED OUT BY ADMINIS16 TRATOR OF NASA.—Section 9 of such Act (112 Stat.

17 3490) is amended by adding at the end the fol18 lowing:

19 ‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINIS20 TRATOR OF NASA.—The duties of the Commission under

21 this section shall be carried out by the Administrator of

22 the National Aeronautics and Space Administration, in

23 consultation with the Commission.’’.
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1 SEC. 721. REPEAL OF MAIL RATE-SETTING AUTHORITY.

2 Effective December 31, 1998, section 4(k) of the Act

3 of July 5, 1994 (Public Law 103–272, 108 Stat. 1370),

4 as amended by section 7(a)(3)(D) of the Act of October

5 31, 1994 (Public Law 103–429, 108 Stat. 329), is re6 pealed.

7 SEC. 722. AIRCRAFT SITUATIONAL DISPLAY DATA.

8 (a) IN GENERAL.—A memorandum of agreement be9 tween the Administrator and any person that directly ob10 tains aircraft situational display data from the Federal

11 Aviation Administration shall require that—

12 (1) the person demonstrate to the satisfaction

13 of the Administrator that such person is capable of

14 selectively blocking the display of any aircraft-situa15 tion-display-to-industry derived data related to any

16 identified aircraft registration number; and

17 (2) the person agree to block selectively the air18 craft registration numbers of any aircraft owner or

19 operator upon the Administration’s request.

20 (b) EXISTING MEMORANDA TO BE CONFORMED.—

21 The Administrator shall conform any memoranda of

22 agreement, in effect on the date of enactment of this Act,

23 between the Administration and a person under which that

24 person obtains aircraft situational display data to incor25 porate the requirements of subsection (a) within 30 days

26 after that date.
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1 SEC. 723. ELIMINATION OF BACKLOG OF EQUAL EMPLOY2 MENT OPPORTUNITY COMPLAINTS.

3 (a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal

4 year 2000, the Secretary of Transportation may hire or

5 contract for such additional personnel as may be necessary

6 to eliminate the backlog of pending equal employment op7 portunity complaints to the Department of Transportation

8 and to ensure that investigations of complaints are com9 pleted not later than 180 days after the date of initiation

10 of the investigation.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $2,000,000 for fiscal year 2000. Such sums shall remain

14 available until expended.

15 SEC. 724. NEWPORT NEWS, VIRGINIA.

16 (a) AUTHORITY TO GRANT WAIVERS.—Notwith17 standing section 16 of the Federal Airport Act (as in ef18 fect on May 14, 1947) or section 47125 of title 49, United

19 States Code, the Secretary shall, subject to section 47153

20 of such title (as in effect on June 1, 1998), and subsection

21 (b) of this section, waive with respect to airport property

22 parcels that, according to the airport layout plan for New23 port News/Williamsburg International Airport, are no

24 longer required for airport purposes from any term con25 tained in the deed of conveyance dated May 14, 1947,

26 under which the United States conveyed such property to
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1 the Peninsula Airport Commission for airport purposes of

2 the Commission.

3 (b) CONDITIONS.—Any waiver granted by the Sec4 retary under subsection (a) shall be subject to the fol5 lowing conditions:

6 (1) The Peninsula Airport Commission shall

7 agree that, in leasing or conveying any interest in

8 the property with respect to which waivers are

9 granted under subsection (a), the Commission will

10 receive an amount that is equal to the fair lease

11 value or the fair market value, as the case may be

12 (as determined pursuant to regulations issued by the

13 Secretary).

14 (2) Peninsula Airport Commission shall use any

15 amount so received only for the development, im16 provement, operation, or maintenance of Newport

17 News/Williamsburg International Airport.

18 SEC. 725. GRANT OF EASEMENT, LOS ANGELES, CALI19 FORNIA.

20 The City of Los Angeles Department of Airports may

21 grant an easement to the California Department of Trans22 portation to lands required to provide sufficient right-of23 way to facilitate the construction of the California State

24 Route 138 bypass, as proposed by the California Depart25 ment of Transportation.
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1 SEC. 726. REGULATION OF ALASKA GUIDE PILOTS.

2 (a) IN GENERAL.—Beginning on the date of enact3 ment of this Act, flight operations conducted by Alaska

4 guide pilots shall be regulated under the general operating

5 and flight rules contained in part 91 of title 14, Code of

6 Regulations.

7 (b) RULEMAKING PROCEEDING.—

8 (1) IN GENERAL.—The Administrator shall con9 duct a rulemaking proceeding and issue a final rule

10 to modify the general operating and flight rules re11 ferred to in subsection (a) by establishing special

12 rules applicable to the flight operations conducted by

13 Alaska guide pilots.

14 (2) CONTENTS OF RULES.—A final rule issued

15 by the Administrator under paragraph (1) shall re16 quire Alaska guide pilots—

17 (A) to operate aircraft inspected no less

18 often than after 125 hours of flight time;

19 (B) to participate in an annual flight re20 view, as described in section 61.56 of title 14,

21 Code of Federal Regulations;

22 (C) to have at least 500 hours of flight

23 time as a pilot;

24 (D) to have a commercial rating, as de25 scribed subpart F of part 61 of such title;
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1 (E) to hold at least a second-class medical

2 certificate, as described in subpart C of part 67

3 of such title;

4 (F) to hold a current letter of authoriza5 tion issued by the Administrator; and

6 (G) to take such other actions as the Ad7 ministrator determines necessary for safety.

8 (c) DEFINITIONS.—In this section, the following defi9 nitions apply:

10 (1) LETTER OF AUTHORIZATION.—The term

11 ‘‘letter of authorization’’ means a letter issued by

12 the Administrator once every 5 years to an Alaska

13 guide pilot certifying that the pilot is in compliance

14 with general operating and flight rules applicable to

15 the pilot. In the case of a multi-pilot operation, at

16 the election of the operating entity, a letter of au17 thorization may be issued by the Administrator to

18 the entity or to each Alaska guide pilot employed by

19 the entity.

20 (2) ALASKA GUIDE PILOT.—The term ‘‘Alaska

21 guide pilot’’ means a pilot who—

22 (A) conducts aircraft operations over or

23 within the State of Alaska;

24 (B) operates single engine, fixed wing air25 craft on floats, wheels, or skis, providing com-
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1 mercial hunting, fishing, or other guide services

2 and related accommodations in the form of

3 camps or lodges; and

4 (C) transports clients by such aircraft inci5 dental to hunting, fishing, or other guide serv6 ices, or uses air transport to enable guided cli7 ents to reach hunting or fishing locations.

8 SEC. 727. PILOT PROGRAM FOR CAPITAL LEASING CON9 TRACTS.

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, the Administrator may carry out a pilot pro12 gram in fiscal years 2000 through 2004 to test and evalu13 ate the benefits of long-term capital leasing contracts of

14 aviation equipment and facilities.

15 (b) PROGRAM CRITERIA.—The Administrator shall

16 establish criteria for the pilot program. The Administrator

17 may not enter into more than 20 leasing contracts under

18 the pilot program, and may not enter into any leasing con19 tract under the pilot program unless the Administrator de20 termines that the leasing contract will be of the best value

21 to the United States. Each of such contracts shall be for

22 a period greater than 5 years, but no greater than 20

23 years. Under such a contract, the aviation equipment or

24 facility shall be provided by the lessee and operated by
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1 the Administrator and funding for the lease of the equip2 ment or facility shall be subject to annual appropriations.

3 SEC. 728. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY

4 PANEL.

5 (a) ESTABLISHMENT OF PANEL.—The Secretary of

6 Transportation—

7 (1) shall establish an Aircraft Repair and Main8 tenance Advisory Panel to review issues related to

9 the use and oversight of aircraft and aviation com10 ponent repair and maintenance facilities (in this sec11 tion referred to as ‘‘aircraft repair facilities’’) lo12 cated within, or outside of, the United States; and

13 (2) may seek the advice of the panel on any

14 issue related to methods to increase safety by im15 proving the oversight of aircraft repair facilities.

16 (b) MEMBERSHIP.—The panel shall consist of—

17 (1) 9 members appointed by the Secretary as

18 follows:

19 (A) 3 representatives of labor organiza20 tions representing aviation mechanics;

21 (B) 1 representative of cargo air carriers;

22 (C) 1 representative of passenger air car23 riers;

24 (D) 1 representative of aircraft repair fa25 cilities;
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1 (E) 1 representative of aircraft manufac2 turers;

3 (F) 1 representative of on-demand pas4 senger air carriers and corporate aircraft oper5 ations; and

6 (G) 1 representative of regional passenger

7 air carriers;

8 (2) 1 representative from the Department of

9 Commerce, designated by the Secretary of Com10 merce;

11 (3) 1 representative from the Department of

12 State, designated by the Secretary of State; and

13 (4) 1 representative from the Federal Aviation

14 Administration, designated by the Administrator.

15 (c) RESPONSIBILITIES.—The panel shall—

16 (1) determine the amount and type of work

17 that is being performed by aircraft repair facilities

18 located within, and outside of, the United States;

19 and

20 (2) provide advice and counsel to the Secretary

21 with respect to the aircraft and aviation component

22 repair work performed by aircraft repair facilities

23 and air carriers, staffing needs, and any balance of

24 trade or safety issues associated with that work.
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1 (d) DOT TO REQUEST INFORMATION FROM AIR

2 CARRIERS AND REPAIR FACILITIES.—

3 (1) COLLECTION OF INFORMATION.—The Sec4 retary, by regulation, shall require air carriers, for5 eign air carriers, domestic repair facilities, and for6 eign repair facilities to submit such information as

7 the Secretary may require in order to assess balance

8 of trade and safety issues with respect to work per9 formed on aircraft used by air carriers, foreign air

10 carriers, United States corporate operators, and for11 eign corporate operators.

12 (2) DRUG AND ALCOHOL TESTING INFORMA13 TION.—Included in the information the Secretary re14 quires under paragraph (1) shall be information on

15 the existence and administration of employee drug

16 and alcohol testing programs in place at the foreign

17 repair facilities, if applicable. The Secretary, if nec18 essary, shall work with the International Civil Avia19 tion Organization to increase the number and im20 prove the administration of employee drug and alco21 hol testing programs at the foreign repair facilities.

22 (3) DESCRIPTION OF WORK DONE.—Included in

23 the information the Secretary requires under para24 graph (1) shall be information on the amount and
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1 type of work performed on aircraft registered in and

2 outside of the United States.

3 (e) DOT TO FACILITATE COLLECTION OF INFORMA4 TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary

5 shall facilitate the collection of information from the Na6 tional Transportation Safety Board, the Federal Aviation

7 Administration, and other appropriate agencies regarding

8 maintenance performed by aircraft repair facilities.

9 (f) DOT TO MAKE INFORMATION AVAILABLE TO

10 PUBLIC.—The Secretary shall make any relevant informa11 tion received under subsection (c) available to the public,

12 consistent with the authority to withhold trade secrets or

13 commercial, financial, and other proprietary information

14 under section 552 of title 5, United States Code.

15 (g) TERMINATION.—The panel established under

16 subsection (a) shall terminate on the earlier of—

17 (1) the date that is 2 years after the date of en18 actment of this Act; or

19 (2) December 31, 2001.

20 (h) DEFINITIONS.—The definitions contained in sec21 tion 40102 of title 49, United States Code, shall apply

22 to this section.

23 SEC. 729. OPERATIONS OF AIR TAXI INDUSTRY.

24 (a) STUDY.—The Administrator, in consultation with

25 the National Transportation Safety Board and other in-
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1 terested persons, shall conduct a study of air taxi opera2 tors regulated under part 135 of title 14, Code of Federal

3 Regulations.

4 (b) CONTENTS.—The study shall include an analysis

5 of the size and type of the aircraft fleet, relevant aircraft

6 equipment, hours flown, utilization rates, safety record by

7 various categories of use and aircraft type, sales revenues,

8 and airports served by the air taxi fleet.

9 (c) REPORT.—Not later than 1 year after the date

10 of enactment of this Act, the Administrator shall transmit

11 to Congress a report on the results of the study.

12 SEC. 730. SENSE OF CONGRESS CONCERNING COMPLETION

13 OF COMPREHENSIVE NATIONAL AIRSPACE

14 REDESIGN.

15 It is the sense of Congress that, as soon as is prac16 ticable, the Administrator should complete and begin im17 plementation of the comprehensive national airspace rede18 sign that is being conducted by the Administrator.

19 SEC. 731. COMPLIANCE WITH REQUIREMENTS.

20 Notwithstanding any other provision of law, in order

21 to avoid unnecessary duplication of expense and effort, the

22 Secretary of Transportation may authorize the use, in

23 whole or in part, of a completed environmental assessment

24 or environmental impact study for new construction

25 projects on the air operations area of an airport, if the
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1 completed assessment or study was for a project at the

2 airport that is substantially similar in nature to the new

3 project. Any such authorized use shall meet all require4 ments of Federal law for the completion of such an assess5 ment or study.

6 SEC. 732. AIRCRAFT NOISE LEVELS AT AIRPORTS.

7 (a) DEVELOPMENT OF NEW STANDARDS.—The Sec8 retary of Transportation shall continue to work to develop

9 a new standard for aircraft and aircraft engines that will

10 lead to a further reduction in aircraft noise levels.

11 (b) REPORT.—Not later than March 1, 2000, and an12 nually thereafter, the Secretary shall transmit to Congress

13 a report regarding the application of new standards or

14 technologies to reduce aircraft noise levels.

15 SEC. 733. FAA CONSIDERATION OF CERTAIN STATE PRO16 POSALS.

17 The Administrator is encouraged to consider any pro18 posal with a regional consensus submitted by a State avia19 tion authority regarding the expansion of existing airport

20 facilities or the introduction of new airport facilities.

21 TITLE VIII—NATIONAL PARKS

22 AIR TOUR MANAGEMENT

23 SEC. 801. SHORT TITLE.

24 This title may be cited as the ‘‘National Parks Air

25 Tour Management Act of 1999’’.
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1 SEC. 802. FINDINGS.

2 Congress finds that—

3 (1) the Federal Aviation Administration has

4 sole authority to control airspace over the United

5 States;

6 (2) the Federal Aviation Administration has the

7 authority to preserve, protect, and enhance the envi8 ronment by minimizing, mitigating, or preventing

9 the adverse effects of aircraft overflights of public

10 and tribal lands;

11 (3) the National Park Service has the responsi12 bility of conserving the scenery and natural and his13 toric objects and wildlife in national parks and of

14 providing for the enjoyment of the national parks in

15 ways that leave the national parks unimpaired for

16 future generations;

17 (4) the protection of tribal lands from aircraft

18 overflights is consistent with protecting the public

19 health and welfare and is essential to the mainte20 nance of the natural and cultural resources of In21 dian tribes;

22 (5) the National Parks Overflights Working

23 Group, composed of general aviation, commercial air

24 tour, environmental, and Native American represent25 atives, recommended that the Congress enact legisla-
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1 tion based on the Group’s consensus work product;

2 and

3 (6) this title reflects the recommendations made

4 by that Group.

5 SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

6 PARKS.

7 (a) IN GENERAL.—Chapter 401, as amended by sec8 tion 702(b) of this Act, is amended by adding at the end

9 the following:

10 ‘‘§ 40126. Overflights of national parks

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

13 air tour operator may not conduct commercial air

14 tour operations over a national park (including tribal

15 lands) except—

16 ‘‘(A) in accordance with this section;

17 ‘‘(B) in accordance with conditions and

18 limitations prescribed for that operator by the

19 Administrator; and

20 ‘‘(C) in accordance with any applicable air

21 tour management plan for the park.

22 ‘‘(2) APPLICATION FOR OPERATING AUTHOR23 ITY.—

24 ‘‘(A) APPLICATION REQUIRED.—Before

25 commencing commercial air tour operations
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1 over a national park (including tribal lands), a

2 commercial air tour operator shall apply to the

3 Administrator for authority to conduct the op4 erations over the park.

5 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

6 CAPACITY PARKS.—Whenever an air tour man7 agement plan limits the number of commercial

8 air tour operations over a national park during

9 a specified time frame, the Administrator, in

10 cooperation with the Director, shall issue oper11 ation specifications to commercial air tour oper12 ators that conduct such operations. The oper13 ation specifications shall include such terms and

14 conditions as the Administrator and the Direc15 tor find necessary for management of commer16 cial air tour operations over the park. The Ad17 ministrator, in cooperation with the Director,

18 shall develop an open competitive process for

19 evaluating proposals from persons interested in

20 providing commercial air tour operations over

21 the park. In making a selection from among

22 various proposals submitted, the Administrator,

23 in cooperation with the Director, shall consider

24 relevant factors, including—
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1 ‘‘(i) the safety record of the person

2 submitting the proposal or pilots employed

3 by the person;

4 ‘‘(ii) any quiet aircraft technology pro5 posed to be used by the person submitting

6 the proposal;

7 ‘‘(iii) the experience of the person sub8 mitting the proposal with commercial air

9 tour operations over other national parks

10 or scenic areas;

11 ‘‘(iv) the financial capability of the

12 company;

13 ‘‘(v) any training programs for pilots

14 provided by the person submitting the pro15 posal; and

16 ‘‘(vi) responsiveness of the person

17 submitting the proposal to any relevant

18 criteria developed by the National Park

19 Service for the affected park.

20 ‘‘(C) NUMBER OF OPERATIONS AUTHOR21 IZED.—In determining the number of author22 izations to issue to provide commercial air tour

23 operations over a national park, the Adminis24 trator, in cooperation with the Director, shall

25 take into consideration the provisions of the air
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1 tour management plan, the number of existing

2 commercial air tour operators and current level

3 of service and equipment provided by any such

4 operators, and the financial viability of each

5 commercial air tour operation.

6 ‘‘(D) COOPERATION WITH NPS.—Before

7 granting an application under this paragraph,

8 the Administrator, in cooperation with the Di9 rector, shall develop an air tour management

10 plan in accordance with subsection (b) and im11 plement such plan.

12 ‘‘(3) EXCEPTION.—

13 ‘‘(A) IN GENERAL.—If a commercial air

14 tour operator secures a letter of agreement

15 from the Administrator and the superintendent

16 for the national park that describes the condi17 tions under which the commercial air tour oper18 ation will be conducted, then notwithstanding

19 paragraph (1), the commercial air tour operator

20 may conduct such operations over the national

21 park under part 91 of title 14, Code of Federal

22 Regulations, if such activity is permitted under

23 part 119 of such title.

24 ‘‘(B) LIMIT ON EXCEPTIONS.—Not more

25 than 5 flights in any 30-day period over a sin-
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1 gle national park may be conducted under this

2 paragraph.

3 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE4 MENTS.—Notwithstanding subsection (d), an exist5 ing commercial air tour operator shall apply, not

6 later than 90 days after the date of enactment of

7 this section, for operating authority under part 119,

8 121, or 135 of title 14, Code of Federal Regulations.

9 A new entrant commercial air tour operator shall

10 apply for such authority before conducting commer11 cial air tour operations over a national park (includ12 ing tribal lands). The Administrator shall act on any

13 such application for a new entrant and issue a deci14 sion on the application not later than 24 months

15 after it is received or amended.

16 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

17 ‘‘(1) ESTABLISHMENT.—

18 ‘‘(A) IN GENERAL.—The Administrator, in

19 cooperation with the Director, shall establish an

20 air tour management plan for any national park

21 (including tribal lands) for which such a plan is

22 not in effect whenever a person applies for au23 thority to conduct a commercial air tour oper24 ation over the park. The air tour management
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1 plan shall be developed by means of a public

2 process in accordance with paragraph (4).

3 ‘‘(B) OBJECTIVE.—The objective of any

4 air tour management plan shall be to develop

5 acceptable and effective measures to mitigate or

6 prevent the significant adverse impacts, if any,

7 of commercial air tours upon the natural and

8 cultural resources, visitor experiences, and trib9 al lands.

10 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In

11 establishing an air tour management plan under this

12 subsection, the Administrator and the Director shall

13 each sign the environmental decision document re14 quired by section 102 of the National Environmental

15 Policy Act of 1969 (42 U.S.C. 4332) (including a

16 finding of no significant impact, an environmental

17 assessment, and an environmental impact statement)

18 and the record of decision for the air tour manage19 ment plan.

20 ‘‘(3) CONTENTS.—An air tour management

21 plan for a national park—

22 ‘‘(A) may limit or prohibit commercial air

23 tour operations;

24 ‘‘(B) may establish conditions for the con25 duct of commercial air tour operations, includ-
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1 ing commercial air tour operation routes, max2 imum or minimum altitudes, time-of-day re3 strictions, restrictions for particular events,

4 maximum number of flights per unit of time,

5 intrusions on privacy on tribal lands, and miti6 gation of adverse noise, visual, or other im7 pacts;

8 ‘‘(C) may apply to all commercial air tour

9 operations;

10 ‘‘(D) shall include incentives (such as pre11 ferred commercial air tour operation routes and

12 altitudes and relief from flight caps and cur13 fews) for the adoption of quiet aircraft tech14 nology by commercial air tour operators con15 ducting commercial air tour operations over the

16 park;

17 ‘‘(E) shall provide a system for allocating

18 opportunities to conduct commercial air tours if

19 the air tour management plan includes a limita20 tion on the number of commercial air tour oper21 ations for any time period; and

22 ‘‘(F) shall justify and document the need

23 for measures taken pursuant to subparagraphs

24 (A) through (E) and include such justifications

25 in the record of decision.
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1 ‘‘(4) PROCEDURE.—In establishing an air tour

2 management plan for a national park (including

3 tribal lands), the Administrator and the Director

4 shall—

5 ‘‘(A) hold at least one public meeting with

6 interested parties to develop the air tour man7 agement plan;

8 ‘‘(B) publish the proposed plan in the Fed9 eral Register for notice and comment and make

10 copies of the proposed plan available to the

11 public;

12 ‘‘(C) comply with the regulations set forth

13 in sections 1501.3 and 1501.5 through 1501.8

14 of title 40, Code of Federal Regulations (for

15 purposes of complying with the regulations, the

16 Federal Aviation Administration shall be the

17 lead agency and the National Park Service is a

18 cooperating agency); and

19 ‘‘(D) solicit the participation of any Indian

20 tribe whose tribal lands are, or may be,

21 overflown by aircraft involved in a commercial

22 air tour operation over the park, as a cooper23 ating agency under the regulations referred to

24 in subparagraph (C).
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1 ‘‘(5) JUDICIAL REVIEW.—An air tour manage2 ment plan developed under this subsection shall be

3 subject to judicial review.

4 ‘‘(6) AMENDMENTS.—The Administrator, in co5 operation with the Director, may make amendments

6 to an air tour management plan. Any such amend7 ments shall be published in the Federal Register for

8 notice and comment. A request for amendment of an

9 air tour management plan shall be made in such

10 form and manner as the Administrator may pre11 scribe.

12 ‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR

13 OPERATION STATUS.—In making a determination of

14 whether a flight is a commercial air tour operation, the

15 Administrator may consider—

16 ‘‘(1) whether there was a holding out to the

17 public of willingness to conduct a sightseeing flight

18 for compensation or hire;

19 ‘‘(2) whether a narrative that referred to areas

20 or points of interest on the surface below the route

21 of the flight was provided by the person offering the

22 flight;

23 ‘‘(3) the area of operation;

24 ‘‘(4) the frequency of flights conducted by the

25 person offering the flight;
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•S 1174 IS

1 ‘‘(5) the route of flight;

2 ‘‘(6) the inclusion of sightseeing flights as part

3 of any travel arrangement package offered by the

4 person offering the flight;

5 ‘‘(7) whether the flight would have been can6 celed based on poor visibility of the surface below

7 the route of the flight; and

8 ‘‘(8) any other factors that the Administrator

9 considers appropriate.

10 ‘‘(d) INTERIM OPERATING AUTHORITY.—

11 ‘‘(1) IN GENERAL.—Upon application for oper12 ating authority, the Administrator shall grant in13 terim operating authority under this subsection to a

14 commercial air tour operator for commercial air tour

15 operations over a national park (including tribal

16 lands) for which the operator is an existing commer17 cial air tour operator.

18 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In19 terim operating authority granted under this

20 subsection—

21 ‘‘(A) shall provide annual authorization

22 only for the greater of—

23 ‘‘(i) the number of flights used by the

24 operator to provide such tours within the
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1 12-month period prior to the date of enact2 ment of this section; or

3 ‘‘(ii) the average number of flights per

4 12-month period used by the operator to

5 provide such tours within the 36-month pe6 riod prior to such date of enactment, and,

7 for seasonal operations, the number of

8 flights so used during the season or sea9 sons covered by that 12-month period;

10 ‘‘(B) may not provide for an increase in

11 the number of commercial air tour operations

12 conducted during any time period by the com13 mercial air tour operator above the number that

14 the air tour operator was originally granted un15 less such an increase is agreed to by the Ad16 ministrator and the Director;

17 ‘‘(C) shall be published in the Federal Reg18 ister to provide notice and opportunity for com19 ment;

20 ‘‘(D) may be revoked by the Administrator

21 for cause;

22 ‘‘(E) shall terminate 180 days after the

23 date on which an air tour management plan is

24 established for the park or the tribal lands;
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•S 1174 IS

1 ‘‘(F) shall promote protection of national

2 park resources, visitor experiences, and tribal

3 lands;

4 ‘‘(G) shall promote safe operations of the

5 commercial air tour;

6 ‘‘(H) shall promote the adoption of quiet

7 technology, as appropriate; and

8 ‘‘(I) shall allow for modifications of the op9 eration based on experience if the modification

10 improves protection of national park resources

11 and values and of tribal lands.

12 ‘‘(e) EXEMPTIONS.—

13 ‘‘(1) IN GENERAL.—Except as provided by

14 paragraph (2), this section shall not apply to—

15 ‘‘(A) the Grand Canyon National Park;

16 ‘‘(B) tribal lands within or abutting the

17 Grand Canyon National Park; or

18 ‘‘(C) any unit of the National Park System

19 located in Alaska or any other land or water lo20 cated in Alaska.

21 ‘‘(2) EXCEPTION.—This section shall apply to

22 the Grand Canyon National Park if section 3 of

23 Public Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat.

24 674–678) is no longer in effect.
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1 ‘‘(f) DEFINITIONS.—In this section, the following

2 definitions apply:

3 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The

4 term ‘commercial air tour operator’ means any per5 son who conducts a commercial air tour operation.

6 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER7 ATOR.—The term ‘existing commercial air tour oper8 ator’ means a commercial air tour operator that was

9 actively engaged in the business of providing com10 mercial air tour operations over a national park at

11 any time during the 12-month period ending on the

12 date of enactment of this section.

13 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR

14 OPERATOR.—The term ‘new entrant commercial air

15 tour operator’ means a commercial air tour operator

16 that—

17 ‘‘(A) applies for operating authority as a

18 commercial air tour operator for a national

19 park; and

20 ‘‘(B) has not engaged in the business of

21 providing commercial air tour operations over

22 the national park (including tribal lands) in the

23 12-month period preceding the application.

24 ‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The

25 term ‘commercial air tour operation’ means any
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•S 1174 IS

1 flight, conducted for compensation or hire in a pow2 ered aircraft where a purpose of the flight is sightseeing over a national park, within 1 3 ⁄2 mile outside

4 the boundary of any national park, or over tribal

5 lands, during which the aircraft flies—

6 ‘‘(A) below a minimum altitude, deter7 mined by the Administrator in cooperation with

8 the Director, above ground level (except solely

9 for purposes of takeoff or landing, or necessary

10 for safe operation of an aircraft as determined

11 under the rules and regulations of the Federal

12 Aviation Administration requiring the pilot-in13 command to take action to ensure the safe op14 eration of the aircraft); or

15 ‘‘(B) less than 1 mile laterally from any

16 geographic feature within the park (unless more

than 1 17 ⁄2 mile outside the boundary).

18 ‘‘(5) NATIONAL PARK.—The term ‘national

19 park’ means any unit of the National Park System.

20 ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’

21 means Indian country (as that term is defined in

22 section 1151 of title 18) that is within or abutting

23 a national park.
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1 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Avia3 tion Administration.

4 ‘‘(8) DIRECTOR.—The term ‘Director’ means

5 the Director of the National Park Service.’’.

6 (b) CONFORMING AMENDMENT.—The analysis for

7 chapter 401 is further amended by adding at the end the

8 following:

‘‘40126. Overflights of national parks.’’.

9 SEC. 804. ADVISORY GROUP.

10 (a) ESTABLISHMENT.—Not later than 1 year after

11 the date of enactment of this Act, the Administrator and

12 the Director of the National Park Service shall jointly es13 tablish an advisory group to provide continuing advice and

14 counsel with respect to commercial air tour operations

15 over and near national parks.

16 (b) MEMBERSHIP.—

17 (1) IN GENERAL.—The advisory group shall be

18 composed of—

19 (A) a balanced group of—

20 (i) representatives of general aviation;

21 (ii) representatives of commercial air

22 tour operators;

23 (iii) representatives of environmental

24 concerns; and

25 (iv) representatives of Indian tribes;
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•S 1174 IS

1 (B) a representative of the Federal Avia2 tion Administration; and

3 (C) a representative of the National Park

4 Service.

5 (2) EX OFFICIO MEMBERS.—The Administrator

6 (or the designee of the Administrator) and the Di7 rector (or the designee of the Director) shall serve

8 as ex officio members.

9 (3) CHAIRPERSON.—The representative of the

10 Federal Aviation Administration and the representa11 tive of the National Park Service shall serve alter12 nating 1-year terms as chairman of the advisory

13 group, with the representative of the Federal Avia14 tion Administration serving initially until the end of

15 the calendar year following the year in which the ad16 visory group is first appointed.

17 (c) DUTIES.—The advisory group shall provide ad18 vice, information, and recommendations to the Adminis19 trator and the Director—

20 (1) on the implementation of this title and the

21 amendments made by this title;

22 (2) on commonly accepted quiet aircraft tech23 nology for use in commercial air tour operations over

24 national parks (including tribal lands), which will re-
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•S 1174 IS

1 ceive preferential treatment in a given air tour man2 agement plan;

3 (3) on other measures that might be taken to

4 accommodate the interests of visitors to national

5 parks; and

6 (4) at request of the Administrator and the Di7 rector, safety, environmental, and other issues re8 lated to commercial air tour operations over a na9 tional park (including tribal lands).

10 (d) COMPENSATION; SUPPORT; FACA.—

11 (1) COMPENSATION AND TRAVEL.—Members of

12 the advisory group who are not officers or employees

13 of the United States, while attending conferences or

14 meetings of the group or otherwise engaged in its

15 business, or while serving away from their homes or

16 regular places of business, may be allowed travel ex17 penses, including per diem in lieu of subsistence, as

18 authorized by section 5703 of title 5, United States

19 Code, for persons in the Government service em20 ployed intermittently.

21 (2) ADMINISTRATIVE SUPPORT.—The Federal

22 Aviation Administration and the National Park

23 Service shall jointly furnish to the advisory group

24 clerical and other assistance.
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•S 1174 IS

1 (3) NONAPPLICATION OF FACA.—Section 14 of

2 the Federal Advisory Committee Act (5 U.S.C.

3 App.) does not apply to the advisory group.

4 SEC. 805. REPORTS.

5 (a) OVERFLIGHT FEE REPORT.—Not later than 180

6 days after the date of enactment of this Act, the Adminis7 trator shall transmit to Congress a report on the effects

8 overflight fees are likely to have on the commercial air

9 tour operation industry. The report shall include, but shall

10 not be limited to—

11 (1) the viability of a tax credit for the commer12 cial air tour operators equal to the amount of any

13 overflight fees charged by the National Park Service;

14 and

15 (2) the financial effects proposed offsets are

16 likely to have on Federal Aviation Administration

17 budgets and appropriations.

18 (b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not

19 later than 2 years after the date of enactment of this Act,

20 the Administrator and the Director shall jointly transmit

21 a report to Congress on the effectiveness of this title in

22 providing incentives for the development and use of quiet

23 aircraft technology.

24 SEC. 806. EXEMPTIONS.

25 This title shall not apply to—
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1 (1) any unit of the National Park System lo2 cated in Alaska; or

3 (2) any other land or water located in Alaska.

4 SEC. 807. DEFINITIONS.

5 In this title, the following definitions apply:

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Federal

8 Aviation Administration.

9 (2) DIRECTOR.—The term ‘‘Director’’ means

10 the Director of the National Park Service.

11 TITLE IX—TRUTH IN BUDGETING

12 SEC. 901. SHORT TITLE.

13 This title may be cited as the ‘‘Truth in Budgeting

14 Act’’.

15 SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR16 WAY TRUST FUND.

17 Notwithstanding any other provision of law, the re18 ceipts and disbursements of the Airport and Airway Trust

19 Fund established by section 9502 of the Internal Revenue

20 Code of 1986—

21 (1) shall not be counted as new budget author22 ity, outlays, receipts, or deficit or surplus for pur23 poses of—

24 (A) the budget of the United States Gov25 ernment as submitted by the President,
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•S 1174 IS

1 (B) the congressional budget (including al2 locations of budget authority and outlays pro3 vided therein), or

4 (C) the Balanced Budget and Emergency

5 Deficit Control Act of 1985; and

6 (2) shall be exempt from any general budget

7 limitation imposed by statute on expenditures and

8 net lending (budget outlays) of the United States

9 Government.

10 SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

11 OF AIRPORT AND AIRWAY TRUST FUND.

12 (a) IN GENERAL.—Subchapter I of chapter 471, as

13 amended by section 134(a) of this Act, is amended by add14 ing at the end the following:

15 ‘‘§ 47138. Safeguards against deficit spending

16 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR17 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

18 March 31 of each year, the Secretary of Transportation,

19 in consultation with the Secretary of the Treasury, shall

20 estimate—

21 ‘‘(1) the amount which would (but for this sec22 tion) be the unfunded aviation authorizations at the

23 close of the first fiscal year that begins after that

24 March 31, and
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•S 1174 IS

1 ‘‘(2) the net aviation receipts to be credited to

2 the Airport and Airway Trust Fund during the fiscal

3 year.

4 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

5 AUTHORIZATIONS.—If the Secretary of Transportation

6 determines for any fiscal year that the amount described

7 in subsection (a)(1) exceeds the amount described in sub8 section (a)(2), the Secretary shall determine the amount

9 of such excess.

10 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN11 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

12 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

13 Secretary determines that there is an excess referred

14 to in subsection (b) for a fiscal year, the Secretary

15 shall determine the percentage which—

16 ‘‘(A) such excess, is of

17 ‘‘(B) the total of the amounts authorized

18 to be appropriated from the Airport and Airway

19 Trust Fund for the next fiscal year.

20 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If

21 the Secretary determines a percentage under para22 graph (1), each amount authorized to be appro23 priated from the Airport and Airway Trust Fund for

24 the next fiscal year shall be reduced by such percent25 age.
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•S 1174 IS

1 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH2 HELD.—

3 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

4 after a reduction has been made under subsection

5 (c)(2), the Secretary determines that the amount de6 scribed in subsection (a)(1) does not exceed the

7 amount described in subsection (a)(2) or that the ex8 cess referred to in subsection (b) is less than the

9 amount previously determined, each amount author10 ized to be appropriated that was reduced under sub11 section (c)(2) shall be increased, by an equal per12 centage, to the extent the Secretary determines that

13 it may be so increased without causing the amount

14 described in subsection (a)(1) to exceed the amount

15 described in subsection (a)(2) (but not by more than

16 the amount of the reduction).

17 ‘‘(2) APPORTIONMENT.—The Secretary shall

18 apportion amounts made available for apportionment

19 by paragraph (1).

20 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap21 portioned under paragraph (2) shall remain available

22 for the period for which they would be available if

23 such apportionment took effect with the fiscal year

24 in which they are apportioned under paragraph (2).
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1 ‘‘(e) REPORTS.—Any estimate under subsection (a)

2 and any determination under subsection (b), (c), or (d)

3 shall be reported by the Secretary to Congress.

4 ‘‘(f) DEFINITIONS.—For purposes of this section, the

5 following definitions apply:

6 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

7 aviation receipts’ means, with respect to any period,

8 the excess of—

9 ‘‘(A) the receipts (including interest) of the

10 Airport and Airway Trust Fund during such

11 period, over

12 ‘‘(B) the amounts to be transferred during

13 such period from the Airport and Airway Trust

14 Fund under section 9502(d) of the Internal

15 Revenue Code of 1986 (other than paragraph

16 (1) thereof).

17 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

18 The term ‘unfunded aviation authorization’ means,

19 at any time, the excess (if any) of—

20 ‘‘(A) the total amount authorized to be ap21 propriated from the Airport and Airway Trust

22 Fund which has not been appropriated, over

23 ‘‘(B) the amount available in the Airport

24 and Airway Trust Fund at such time to make

25 such appropriation (after all other unliquidated
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•S 1174 IS

1 obligations at such time which are payable from

2 the Airport and Airway Trust Fund have been

3 liquidated).’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 subchapter I of chapter 471 is further amended by adding

6 at the end the following:

‘‘47138. Safeguards against deficit spending.’’.

7 SEC. 904. APPLICABILITY.

8 This title (including the amendments made by this

9 Act) shall apply to fiscal years beginning after September

10 30, 1999.

11 TITLE X—AVIATION SPENDING

12 GUARANTEE

13 SEC. 1001. DISCRETIONARY SPENDING CATEGORIES.

14 (a) ESTABLISHMENT OF SEPARATE CATEGORIES.—

15 Section 251(c) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985 is amended as follows:

17 (1) FY 2000.—In paragraph (4)—

18 (A) strike ‘‘and’’ at the end of subpara19 graph (C);

20 (B) insert ‘‘and’’ at the end of subpara21 graph (D); and

22 (C) after subparagraph (D), add the fol23 lowing:
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•S 1174 IS

1 ‘‘(E) for the traditional aviation general

2 fund share category: $4,580,000,000 in budget

3 authority and outlays flowing therefrom;’’.

4 (2) FY 2001.—In paragraph (5)—

5 (A) strike ‘‘and’’ at the end of subpara6 graph (B);

7 (B) insert ‘‘and’’ at the end of subpara8 graph (C); and

9 (C) after subparagraph (C), add the fol10 lowing:

11 ‘‘(D) for the traditional aviation general

12 fund share category: $4,914,000,000 in budget

13 authority and outlays flowing therefrom;’’.

14 (3) FY 2002.—In paragraph (6)—

15 (A) strike ‘‘and’’ at the end of subpara16 graph (B); and

17 (B) after subparagraph (C), add the fol18 lowing:

19 ‘‘(D) for the traditional aviation general

20 fund share category: $5,375,000,000 in budget

21 authority and outlays flowing therefrom;’’.

22 (4) FY 2003.—In paragraph (7)—

23 (A) strike ‘‘and’’ at the end of subpara24 graph (A);
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•S 1174 IS

1 (B) strike the period at the end of sub2 paragraph (B) and insert ‘‘; and’’; and

3 (C) after subparagraph (B), add the fol4 lowing:

5 ‘‘(C) for the traditional aviation general

6 fund share category: $5,772,000,000 in budget

7 authority and outlays flowing therefrom; and’’.

8 (5) FY 2004.—After paragraph (7), add the fol9 lowing:

10 ‘‘(8) with respect to fiscal year 2004, for the

11 traditional aviation general fund share category:

12 $6,102,000,000 in budget authority and outlays

13 flowing therefrom;’’.

14 (b) OFFSETTING ADJUSTMENT IN DISCRETIONARY

15 SPENDING LIMITS.—

16 (1) ADJUSTMENT OF DISCRETIONARY CAT17 EGORY FOR FISCAL YEAR 2000.—The discretionary

18 spending limits set forth in section 251(c)(4)(A) of

19 the Balanced Budget and Emergency Deficit Control

20 Act of 1985, as adjusted in conformance with sec21 tion 251(b) of that Act, is reduced by

22 $1,455,000,000 in new budget authority and

23 $1,484,000,000 in outlays.

24 (2) ADJUSTMENT OF DISCRETIONARY CAT25 EGORY FOR FISCAL YEAR 2001.—The discretionary
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1 spending limits set forth in section 251(c)(5)(A) of

2 the Balanced Budget and Emergency Deficit Control

3 Act of 1985, as adjusted in conformance with sec4 tion 251(b) of that Act, is reduced by

5 $1,455,000,000 in new budget authority and

6 $1,460,000,000 in outlays.

7 (3) ADJUSTMENT OF DISCRETIONARY CAT8 EGORY FOR FISCAL YEAR 2002.—The discretionary

9 spending limits set forth in section 251(c)(6)(A) of

10 the Balanced Budget and Emergency Deficit Control

11 Act of 1985, as adjusted in conformance with sec12 tion 251(b) of that Act, is reduced by

13 $1,455,000,000 in new budget authority and

14 $1,455,000,000 in outlays.

15 (c) DEFINITION OF TRADITIONAL AVIATION GEN16 ERAL FUND SHARE CATEGORY.—Section 250(c)(4) of the

17 Balanced Budget and Emergency Deficit Control Act of

18 1985 is amended by adding at the end the following:

19 ‘‘(E) The term ‘traditional aviation general

20 fund share category’ refers to the general funds por21 tion of the Federal Aviation Administration oper22 ation account (69–1301–0–1–402). Such portion

23 shall consist of an amount equal to 30 percent of the

24 FAA guaranteed spending levels for budget re25 sources set forth in section 48302 of title 49, United
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1 States Code and shall be adjusted for a fiscal year

2 whenever the Director of Management and Budget

3 makes an adjustment for that fiscal year under sec4 tion 48302(c) of such title.’’.

5 (d) ENFORCEMENT OF GUARANTEE.—Rule XXI of

6 the Rules of the House of Representatives is amended by

7 adding at the end the following new clause:

8 ‘‘6. It shall not be in order to consider a bill, joint

9 resolution, amendment, or conference report that would

10 cause total budget authority and obligation limitations for

11 the Federal Aviation Administration to be below the FAA

12 guaranteed spending level for budget resources set forth

13 in section 48302 of title 49, United States Code, as ad14 justed, for any fiscal year.’’.

15 SEC. 1002. BUDGET ESTIMATES.

16 Upon the enactment of this Act, the Director of the

17 Office of Management and Budget shall not make any es18 timates under section 252(d) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985 of changes in di20 rect spending outlays and receipts for any fiscal year re21 sulting from this title.

22 SEC. 1003. GUARANTEED EXPENDITURE OF AVIATION REV23 ENUE.

24 (a) IN GENERAL.—Part C of subtitle VII is amended

25 by adding at the end the following:
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1 ‘‘CHAPTER 483—GUARANTEED

2 EXPENDITURES

‘‘Sec.

‘‘48301. Definitions.

‘‘48302. Guaranteed expenditure of aviation revenues.

‘‘48303. Revenue aligned budget authority.

‘‘48304. Enforcement of FAA guaranteed spending levels.

‘‘48305. Estimated aviation income.

3 ‘‘§ 48301. Definitions

4 ‘‘In this chapter, the following definitions apply:

5 ‘‘(1) BASE YEAR.—The term ‘base year’ means

6 the second fiscal year before the fiscal year for

7 which the calculation is being made.

8 ‘‘(2) BUDGET RESOURCES.—The term ‘budget

9 resources’ means an amount equal to the sum of dis10 cretionary budget authority and obligation limita11 tions.

12 ‘‘(3) AIP PROGRAM.—The term ‘AIP program’

13 means the programs for which amounts are made

14 available under section 48103.

15 ‘‘(4) AVIATION INCOME.—The term ‘aviation in16 come’ means the tax receipts credited to the Airport

17 and Airway Trust Fund established under section

18 9502 of the Internal Revenue Code of 1986 and any

19 interest attributable to the Fund.
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1 ‘‘§ 48302. Guaranteed expenditure of aviation reve2 nues

3 ‘‘(a) IN GENERAL.—For the purposes of this chapter

4 and rule XXI of the Rules of the House of Representa5 tives, the FAA guaranteed spending level for budget re6 sources is the level specified for the fiscal year in sub7 section (b), as adjusted by subsection (c).

8 ‘‘(b) FAA GUARANTEED SPENDING LEVELS FOR

9 BUDGET RESOURCES.—The FAA guaranteed spending

10 levels for budget resources are as follows:

11 ‘‘(1) $15,267,000,000 for fiscal year 2000.

12 ‘‘(2) $16,379,000,000 for fiscal year 2001.

13 ‘‘(3) $17,917,000,000 for fiscal year 2002.

14 ‘‘(4) $19,241,000,000 for fiscal year 2003.

15 ‘‘(5) $20,339,000,000 for fiscal year 2004.

16 ‘‘(c) ADJUSTMENT TO ALIGN AVIATION SPENDING

17 WITH REVENUES.—Beginning with fiscal year 2002,

18 when the President submits a budget for a fiscal year

19 under section 1105 of title 31, United States Code, the

20 Director of the Office of Management and Budget shall

21 calculate and the budget shall include adjustments in the

22 FAA guaranteed spending level for budget resources for

23 such fiscal year as follows:

24 ‘‘(1) If the actual level of aviation income for

25 the base year is greater than the estimated aviation

26 income level specified in section 48305 for the base
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1 year, increase the FAA guaranteed spending limit

2 for budget resources for such fiscal year by the

3 amount of the excess.

4 ‘‘(2) If the actual level of aviation income for

5 the base year is less than the estimated aviation in6 come level specified in section 48305 for the base

7 year, decrease the FAA guaranteed spending limit

8 for budget resources for such fiscal year by the

9 amount of the reduction.

10 ‘‘§ 48303. Revenue aligned budget authority

11 ‘‘(a) DETERMINATION OF AMOUNT.—On the effective

12 date of a general appropriations Act providing budget re13 sources for the Federal Aviation Administration, the Sec14 retary shall allocate to the AIP program an amount of

15 contract authority equal to any excess determined pursu16 ant to section 48302(c)(1).

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated from the Airport and

19 Airway Trust Fund established under section 9502 of the

20 Internal Revenue Code of 1986 such sums as may be nec21 essary to carry out this section for fiscal year 2002 and

22 each fiscal year thereafter.
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1 ‘‘§ 48304. Enforcement of FAA guaranteed spending

2 levels

3 ‘‘(a) DETERMINATION OF AMOUNT.—On the effective

4 date of a general appropriations Act providing budget re5 sources for a fiscal year beginning after September 30,

6 1999, for the Federal Aviation Administration, the Sec7 retary shall allocate to the AIP program—

8 ‘‘(1) any additional amount of contract author9 ity for the fiscal year necessary to ensure that the

10 total amount of contract authority available for the

11 AIP program is equal to the sum of the obligation

12 limitations provided for such program in the appro13 priations Act; and

14 ‘‘(2) any additional amount of contract author15 ity for the fiscal year necessary to ensure that the

16 sum of—

17 ‘‘(A) the total amount of contract author18 ity available for the AIP program; and

19 ‘‘(B) the budget resources provided for the

20 programs for which amounts are made available

21 under sections 106(k), 48101, 48102, and

22 48112,

23 equals the FAA guaranteed spending levels for

24 budget resources for that fiscal year.

25 ‘‘(b) INCURRING OBLIGATIONS.—The Secretary may

26 incur obligations to make grants from amounts allocated
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1 under subsection (a) as soon as the amounts are so allo2 cated.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated from the Airport and

5 Airway Trust Fund established under section 9502 of the

6 Internal Revenue Code of 1986 such sums as may be nec7 essary to carry out this section for fiscal year 2000 and

8 each fiscal year thereafter.

9 ‘‘§ 48305. Estimated aviation income

10 ‘‘For purposes of section 48302(c), the estimated

11 aviation income levels are as follows:

12 ‘‘(1) $10,097,000,000 for fiscal year 2000.

13 ‘‘(2) $10,666,000,000 for fiscal year 2001.

14 ‘‘(3) $11,442,000,000 for fiscal year 2002.

15 ‘‘(4) $12,043,000,000 for fiscal year 2003.

16 ‘‘(5) $12,657,000,000 for fiscal year 2004.’’.

17 (b) CONFORMING AMENDMENT.—The table of chap18 ters for subtitle VII of such title is amended by inserting

19 after the item relating to chapter 482 the following:

‘‘483. GUARANTEED EXPENDITURES ............................................. 48301’’.

Æ