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106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–513

WENDELL H. FORD AVIATION INVESTMENT AND REFORM

ACT FOR THE 21ST CENTURY

MARCH 8, 2000.—Ordered to be printed

Mr. SHUSTER, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 1000]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R.

1000), to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, having met, after full and free conference, have agreed to

recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Wendell H.

Ford Aviation Investment and Reform Act for the 21st Century’’.

(b) TABLE OF CONTENTS.— Sec. 1. Short title; table of contents.

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

Sec. 3. Applicability.

Sec. 4. Definitions.

TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS

Subtitle A—Funding

Sec. 101. Airport improvement program.

Sec. 102. Airway facilities improvement program.

Sec. 103. FAA operations.

Sec. 104. AIP formula changes.

Sec. 105. Passenger facility fees.

Sec. 106. Funding for aviation programs.
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Sec. 107. Adjustment to AIP program funding.

Sec. 108. Reprogramming notification requirement.

Subtitle B—Airport Development

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

Sec. 122. Windshear detection equipment and adjustable lighting extensions.

Sec. 123. Pavement maintenance.

Sec. 124. Enhanced vision technologies.

Sec. 125. Public notice before waiver with respect to land.

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. Inherently low-emission airport vehicle pilot program.

Sec. 134. Airport security program.

Sec. 135. Technical amendments.

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

Sec. 137. Intermodal connections.

Sec. 138. State block grant program.

Sec. 139. Design-build contracting.

Subtitle C—Miscellaneous

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

Sec. 152. Terminal development costs.

Sec. 153. Continuation of ILS inventory program.

Sec. 154. Aircraft noise primarily caused by military aircraft.

Sec. 155. Competition plans.

Sec. 156. Alaska rural aviation improvement.

Sec. 157. Use of recycled materials.

Sec. 158. Construction of runways.

Sec. 159. Notice of grants.

Sec. 160. Airfield pavement conditions.

Sec. 161. Report on efforts to implement capacity enhancements.

Sec. 162. Prioritization of discretionary projects.

Sec. 163. Continuation of reports.

TITLE II—AIRLINE SERVICE IMPROVEMENTS

Subtitle A—Small Communities

Sec. 201. Policy for air service to rural areas.

Sec. 202. Waiver of local contribution.

Sec. 203. Improved air carrier service to airports not receiving sufficient service.

Sec. 204. Preservation of essential air service at single carrier dominated hub

airports.

Sec. 205. Determination of distance from hub airport.

Sec. 206. Report on essential air service.

Sec. 207. Marketing practices.

Sec. 208. Definition of eligible place.

Sec. 209. Maintaining the integrity of the essential air service program.

Sec. 210. Regional jet service for small communities.

Subtitle B—Airline Customer Service

Sec. 221. Consumer notification of E-ticket expiration dates.

Sec. 222. Increased penalty for violation of aviation consumer protection laws.

Sec. 223. Funding of enforcement of airline consumer protections.

Sec. 224. Airline customer service reports.

Sec. 225. Increased financial responsibility for lost baggage.

Sec. 226. Comptroller General investigation.

Sec. 227. Airline service quality performance reports.

Sec. 228. National Commission To Ensure Consumer Information and Choice in the

Airline Industry.

Subtitle C—Competition

Sec. 231. Changes in, and phase-out of, slot rules.
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TITLE III—FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.

Sec. 302. Air traffic control oversight.

Sec. 303. Chief Operating Officer.

Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects.

Sec. 305. Clarification of regulatory approval process.

Sec. 306. Failure to meet rulemaking deadline.

Sec. 307. FAA personnel and acquisition management systems.

Sec. 308. Right to contest adverse personnel actions.

Sec. 309. Independent study of FAA costs and allocations.

Sec. 310. Environmental review of airport improvement projects.

Sec. 311. Cost allocation system.

Sec. 312. Report on modernization of oceanic ATC system.

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. Death on the high seas.

TITLE V—SAFETY

Sec. 501. Airplane emergency locators.

Sec. 502. Cargo collision avoidance systems deadlines.

Sec. 503. Landfills interfering with air commerce.

Sec. 504. Life-limited aircraft parts.

Sec. 505. Counterfeit aircraft parts.

Sec. 506. Prevention of frauds involving aircraft or space vehicle parts in interstate

or foreign air commerce.

Sec. 507. Transporting of hazardous material.

Sec. 508. Employment investigations and restrictions.

Sec. 509. Criminal penalty for pilots operating in air transportation without an airman’s certificate.

Sec. 510. Flight operations quality assurance rules.

Sec. 511. Penalties for unruly passengers.

Sec. 512. Deputizing of State and local law enforcement officers.

Sec. 513. Air transportation oversight system.

Sec. 514. Runway safety areas.

Sec. 515. Precision approach path indicators.

Sec. 516. Aircraft dispatchers.

Sec. 517. Improved training for airframe and powerplant mechanics.

Sec. 518. Small airport certification.

Sec. 519. Protection of employees providing air safety information.

Sec. 520. Occupational injuries of airport workers.

TITLE VI—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 601. Transfer of functions, powers, and duties.

Sec. 602. Transfer of office, personnel and funds.

Sec. 603. Amendment of title 49, United States Code.

Sec. 604. Savings provision.

Sec. 605. National ocean survey.

Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA.

Sec. 607. Procurement of private enterprise mapping, charting, and geographic

information systems.

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. FAA evaluation of long-term capital leasing.

Sec. 705. Severable services contracts for periods crossing fiscal years.

Sec. 706. Prohibitions on discrimination.

Sec. 707. Discrimination against handicapped individuals.

Sec. 708. Prohibitions against smoking on scheduled flights.

Sec. 709. Joint venture agreement.

Sec. 710. Reports by carriers on incidents involving animals during air transport.

Sec. 711. Extension of war risk insurance program.
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Sec. 712. General facilities and personnel authority.

Sec. 713. Human factors program.

Sec. 714. Implementation of Article 83 bis of the Chicago Convention.

Sec. 715. Public availability of airmen records.

Sec. 716. Review process for emergency orders.

Sec. 717. Government and industry consortia.

Sec. 718. Passenger manifest.

Sec. 719. Cost recovery for foreign aviation services.

Sec. 720. Technical corrections to civil penalty provisions.

Sec. 721. Waiver under Airport Noise and Capacity Act.

Sec. 722. Land use compliance report.

Sec. 723. Charter airlines.

Sec. 724. Credit for emergency services provided.

Sec. 725. Passenger cabin air quality.

Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels.

Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project.

Sec. 728. Automated surface observation system stations.

Sec. 729. Aircraft situational display data.

Sec. 730. Elimination of backlog of equal employment opportunity complaints.

Sec. 731. Grant of easement, Los Angeles, California.

Sec. 732. Regulation of Alaska guide pilots.

Sec. 733. National Transportation Data Center of Excellence.

Sec. 734. Aircraft repair and maintenance advisory panel.

Sec. 735. Operations of air taxi industry.

Sec. 736. National airspace redesign.

Sec. 737. Compliance with requirements.

Sec. 738. FAA consideration of certain State proposals.

Sec. 739. Cincinnati-Municipal Blue Ash Airport.

Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil

spills.

Sec. 741. Discriminatory practices by computer reservations systems outside the

United States.

Sec. 742. Specialty metals consortium.

Sec. 743. Alkali silica reactivity distress.

Sec. 744. Rolling stock equipment.

Sec. 745. General Accounting Office airport noise study.

Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.

Sec. 747. Nonmilitary helicopter noise.

Sec. 748. Newport News, Virginia.

Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona.

Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona.

Sec. 751. Conveyance of airport property to an institution of higher education in

Oklahoma.

Sec. 752. Former airfield lands, Grant Parish, Louisiana.

Sec. 753. Raleigh County, West Virginia, Memorial Airport.

Sec. 754. Iditarod area school district.

Sec. 755. Alternative power sources for flight data recorders and cockpit voice

recorders.

Sec. 756. Terminal automated radar display and information system.

Sec. 757. Streamlining seat and restraint system certification process and dynamic

testing requirements.

Sec. 758. Expressing the sense of the Senate concerning air traffic over northern

Delaware.

Sec. 759. Post Free Flight Phase I activities.

Sec. 760. Sense of Congress regarding protecting the frequency spectrum used for

aviation communication.

Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska.

Sec. 762. Bilateral relationship.

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. Quiet aircraft technology for Grand Canyon.

Sec. 805. Advisory group.

Sec. 806. Prohibition of commercial air tour operations over the Rocky Mountain

National Park.

Sec. 807. Reports.
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Sec. 808. Methodologies used to assess air tour noise.

Sec. 809. Alaska exemption.

TITLE IX—FEDERAL AVIATION RESEARCH, ENGINEERING, AND

DEVELOPMENT

Sec. 901. Authorization of appropriations.

Sec. 902. Integrated national aviation research plan.

Sec. 903. Internet availability of information.

Sec. 904. Research on nonstructural aircraft systems.

Sec. 905. Research program to improve airfield pavements.

Sec. 906. Evaluation of research funding techniques.

TITLE X—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND

EXPENDITURE AUTHORITY

Sec. 1001. Extension of expenditure authority.

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

Except as otherwise specifically provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment to,

or repeal of, a section or other provision of law, the reference shall

be considered to be made to a section or other provision of title 49,

United States Code.

SEC. 3. APPLICABILITY.

Except as otherwise specifically provided, this Act and the

amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.

SEC. 4. DEFINITIONS.

Except as otherwise provided in this Act, the following definitions apply:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Federal Aviation Administration.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Transportation.

TITLE I—AIRPORT AND AIRWAY

IMPROVEMENTS

Subtitle A—Funding

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103 is

amended by striking ‘‘shall be’’ the last place it appears and all that

follows and inserting the following: ‘‘shall be—

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

‘‘(2) $2,475,000,000 for fiscal year 2000;

‘‘(3) $3,200,000,000 for fiscal year 2001;

‘‘(4) $3,300,000,000 for fiscal year 2002; and

‘‘(5) $3,400,000,000 for fiscal year 2003.

Such sums shall remain available until expended.’’.

(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended by

striking ‘‘After’’ and all that follows through ‘‘1999,’’ and inserting

‘‘After September 30, 2003,’’.

(c) REIMBURSEMENT.—Upon enactment of this Act, amounts for

administration funded by the appropriation for ‘‘Federal Aviation

Administration, Operations’’, pursuant to the third proviso under
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the heading ‘‘Grants-in-Aid for Airports (Liquidation of Contract

Authorization) (Airport and Airway Trust Fund)’’ in the Department

of Transportation and Related Agencies Appropriations Act, 2000,

may be reimbursed from funds limited under such heading.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

(a) GENERAL AUTHORIZATION AND APPROPRIATIONS.—Section

48101(a) is amended by striking paragraphs (1), (2), and (3) and inserting the following:

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

‘‘(2) $2,689,000,000 for fiscal year 2000.

‘‘(3) $2,656,765,000 for fiscal year 2001.

‘‘(4) $2,914,000,000 for fiscal year 2002.

‘‘(5) $2,981,022,000 for fiscal year 2003.’’.

(b) UNIVERSAL ACCESS SYSTEMS.—Section 48101 is amended by

adding at the end the following:

‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts appropriated under subsection (a) for fiscal year 2001, $8,000,000 may be

used for the voluntary purchase and installation of universal access

systems.’’.

(c) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.—

Section 48101 is further amended by adding at the end the

following:

‘‘(e) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.—

Of the amounts appropriated under subsection (a) for fiscal year

2001, $7,200,000 may be used by the Administrator of the Federal

Aviation Administration for the Alaska National Air Space Interfacility Communications System if the Administrator issues a report

supporting the use of such funds for the System.’’.

(d) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED

WEATHER OBSERVING SYSTEM UPGRADE.—Section 48101 is further

amended by adding at the end the following:

‘‘(f) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED

WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appropriated under subsection (a) for fiscal years beginning after September 30, 2000, such sums as may be necessary for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade

is successfully demonstrated.’’.

(e) LIFE-CYCLE COST ESTIMATES.—Section 48101 is further

amended by adding at the end the following:

‘‘(g) LIFE-CYCLE COST ESTIMATES.—The Administrator of the

Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total lifecycle costs of which equal or exceed $50,000,000.’’.

SEC. 103. FAA OPERATIONS.

(a) IN GENERAL.—Section 106(k) is amended to read as follows:

‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated to

the Secretary of Transportation for operations of the

Administration—

‘‘(A) such sums as may be necessary for fiscal year

2000;

‘‘(B) $6,592,235,000 for fiscal year 2001;
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‘‘(C) $6,886,000,000 for fiscal year 2002; and

‘‘(D) $7,357,000,000 for fiscal year 2003.

Such sums shall remain available until expended.

‘‘(2) AUTHORIZED EXPENDITURES.—Out of amounts appropriated under paragraph (1), the following expenditures are authorized:

‘‘(A) $450,000 for each of fiscal years 2000 through

2003 for wildlife hazard mitigation measures and management of the wildlife strike database of the Federal Aviation

Administration.

‘‘(B) $9,100,000 for the 3-fiscal-year period beginning

with fiscal year 2001 to support a university consortium established to provide an air safety and security management

certificate program, working cooperatively with the Federal

Aviation Administration and United States air carriers, except that funds under this subparagraph—

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

‘‘(ii) may only be awarded on the basis of open

competition.

‘‘(C) Such sums as may be necessary for fiscal years

2000 through 2003 to support infrastructure systems development for both general aviation and the vertical flight

industry.

‘‘(D) Such sums as may be necessary for fiscal years

2000 through 2003 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical

service for trauma patients.

‘‘(E) Such sums as may be necessary for fiscal years

2000 through 2003 to revise existing terminal and en route

procedures and instrument flight rules to facilitate the

takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.

‘‘(F) $3,300,000 for fiscal year 2000 and $3,000,000 for

each of fiscal years 2001 through 2003 to implement the

1998 airport surface operations safety action plan of the

Federal Aviation Administration.

‘‘(G) $9,100,000 for fiscal year 2001 to support air safety efforts through payment of United States membership obligations in the International Civil Aviation Organization,

to be paid as soon as practicable.

‘‘(H) Such sums as may be necessary for fiscal years

2000 through 2003 for the Secretary to hire additional inspectors in order to enhance air cargo security programs.

‘‘(I) Such sums as may be necessary for fiscal years

2000 through 2003 to develop and improve training programs (including model training programs and curriculum) for security screening personnel at airports that

will be used by airlines to meet regulatory requirements relating to the training and testing of such personnel.’’.

(b) OFFICE OF AIRLINE INFORMATION.—There is authorized to

be appropriated from the Airport and Airway Trust Fund to the
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Secretary $4,000,000 for fiscal years beginning after September 30,

2000, to fund the activities of the Office of Airline Information in

the Bureau of Transportation Statistics of the Department of Transportation.

SEC. 104. AIP FORMULA CHANGES.

(a) AMOUNTS APPORTIONED TO SPONSORS.— (1) AMOUNTS TO BE APPORTIONED.—Section 47114(c)(1) is

amended—

(A) in subparagraph (B) by striking ‘‘$500,000’’ and in- serting ‘‘$650,000’’; and

(B) by adding at the end the following:

‘‘(C) SPECIAL RULE.—In any fiscal year in which the

total amount made available under section 48103 is

$3,200,000,000 or more—

‘‘(i) the amount to be apportioned to a sponsor

under subparagraph (A) shall be increased by doubling

the amount that would otherwise be apportioned;

‘‘(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather

than $650,000; and

‘‘(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather

than $22,000,000.

‘‘(D) NEW AIRPORTS.—Notwithstanding subparagraph

(A), the Secretary shall apportion on the first day of the

first fiscal year following the official opening of a new airport with scheduled passenger air transportation an

amount equal to the minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such

airport.

‘‘(E) USE OF PREVIOUS FISCAL YEAR’S APPORTION- MENT.—Notwithstanding subparagraph (A), the Secretary

may apportion to an airport sponsor in a fiscal year an

amount equal to the amount apportioned to that sponsor in

the previous fiscal year if the Secretary finds that—

‘‘(i) passenger boardings at the airport fell below

10,000 in the calendar year used to calculate the apportionment;

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

boardings in the calendar year prior to the calendar

year used to calculate apportionments to airport sponsors in a fiscal year; and

‘‘(iii) the cause of the shortfall in passenger

boardings was a temporary but significant interruption

in service by an air carrier to that airport due to an

employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.’’.

(2) CONFORMING AMENDMENTS.—Section 47114(c)(1) is

amended—

(A) by striking ‘‘(1)(A) The Secretary’’ and inserting the

following:

‘‘(1) PRIMARY AIRPORTS.—

‘‘(A) APPORTIONMENT.—The Secretary’’;
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(B) in subparagraph (B) by striking ‘‘(B) Not less’’ and

inserting the following:

‘‘(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not

less’’; and

(C) by aligning the left margin of subparagraph (A)

(including clauses (i) through (v)) and subparagraph (B)

with subparagraphs (C) and (D) (as added by paragraph

(1)(B) of this subsection).

(b) CARGO ONLY AIRPORTS.—Section 47114(c)(2) is amended—

(1) in subparagraph (A) by striking ‘‘2.5 percent’’ and inserting ‘‘3 percent’’; and

(2) in subparagraph (C) by striking ‘‘Not more than’’ and

inserting ‘‘In any fiscal year in which the total amount made

available under section 48103 is less than $3,200,000,000, not

more than’’.

(c) ENTITLEMENT FOR GENERAL AVIATION AIRPORTS.—Section

47114(d) is amended to read as follows:

‘‘(d) AMOUNTS APPORTIONED FOR GENERAL AVIATION AIRPORTS.—

‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply:

‘‘(A) AREA.—The term ‘area’ includes land and water.

‘‘(B) POPULATION.—The term ‘population’ means the

population stated in the latest decennial census of the

United States.

‘‘(2) APPORTIONMENT.—Except as provided in paragraph

(3), the Secretary shall apportion to the States 18.5 percent of

the amount subject to apportionment for each fiscal year as

follows:

‘‘(A) 0.66 percent of the apportioned amount to Guam,

American Samoa, the Northern Mariana Islands, and the

Virgin Islands.

‘‘(B) Except as provided in paragraph (4), 49.67 percent

of the apportioned amount for airports, excluding primary

airports but including reliever and nonprimary commercial

service airports, in States not named in subparagraph (A)

in the proportion that the population of each of those States

bears to the total population of all of those States.

‘‘(C) Except as provided in paragraph (4), 49.67 percent

of the apportioned amount for airports, excluding primary

airports but including reliever and nonprimary commercial

service airports, in States not named in subparagraph (A)

in the proportion that the area of each of those States bears

to the total area of all of those States.

‘‘(3) SPECIAL RULE.—In any fiscal year in which the total

amount made available under section 48103 is $3,200,000,000

or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the

amount subject to apportionment for each fiscal year as follows:

‘‘(A) To each airport, excluding primary airports but

including reliever and nonprimary commercial service airports, in States the lesser of—

‘‘(i) $150,000; or
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‘‘(ii) 1⁄5 of the most recently published estimate of

the 5-year costs for airport improvement for the airport,

as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration

under section 47103.

‘‘(B) Any remaining amount to States as follows:

‘‘(i) 0.62 percent of the remaining amount to

Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, and the Virgin Islands.

‘‘(ii) Except as provided in paragraph (4), 49.69

percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named

in clause (i) in the proportion that the population of

each of those States bears to the total population of all

of those States.

‘‘(iii) Except as provided in paragraph (4), 49.69

percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named

in clause (i) in the proportion that the area of each of

those States bears to the total area of all of those

States.

‘‘(4) AIRPORTS IN ALASKA, PUERTO RICO, AND HAWAII.—An

amount apportioned under paragraph (2) or (3) to Alaska,

Puerto Rico, or Hawaii for airports in such State may be made

available by the Secretary for any public airport in those respective jurisdictions.

‘‘(5) USE OF STATE HIGHWAY SPECIFICATIONS.—

‘‘(A) IN GENERAL.—The Secretary may permit the use of

State highway specifications for airfield pavement construction using funds made available under this subsection at

nonprimary airports with runways of 5,000 feet or shorter

serving aircraft that do not exceed 60,000 pounds gross

weight if the Secretary determines that—

‘‘(i) safety will not be negatively affected; and

‘‘(ii) the life of the pavement will not be shorter

than it would be if constructed using Administration

standards.

‘‘(B) LIMITATION.—An airport may not seek funds

under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using

State highway specifications for a period of 10 years after

construction is completed unless the Secretary determines

that the rehabilitation or reconstruction is required for

safety reasons.

‘‘(6) INTEGRATED AIRPORT SYSTEM PLANNING.—Notwithstanding any other provision of this subsection, funds made

available under this subsection may be used for integrated airport system planning that encompasses one or more primary

airports.’’.

(d) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—Section

47114(e) is amended—
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(1) in the subsection heading by striking ‘‘ALTERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;

(2) in paragraph (1)—

(A) by striking ‘‘Instead of apportioning amounts for

airports in Alaska under’’ and inserting ‘‘IN GENERAL.— Notwithstanding’’; and

(B) by striking ‘‘those airports’’ and inserting ‘‘airports

in Alaska’’;

(3) in paragraph (2) by inserting ‘‘AUTHORITY FOR DISCRE- TIONARY GRANTS.—’’ before ‘‘This subsection’’;

(4) by striking paragraph (3) and inserting the following:

‘‘(3) AIRPORTS ELIGIBLE FOR FUNDS.—An amount apportioned under this subsection may be used for any public airport

in Alaska.

‘‘(4) SPECIAL RULE.—In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000

or more, the amount that may be apportioned for airports in

Alaska under paragraph (1) shall be increased by doubling the

amount that would otherwise be apportioned.’’; and

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

(and its subparagraphs) and paragraph (2) with paragraphs (3)

and (4) (as added by paragraph (4) of this subsection).

(e) GRANTS FOR AIRPORT NOISE COMPATIBILITY PLANNING.— Section 47117(e)(1)(A) is amended by striking ‘‘31 percent’’ each

place it appears and inserting ‘‘34 percent’’.

(f) GRANTS FOR RELIEVER AIRPORTS.—Section 47117(e)(1) is

amended by adding at the end the following:

‘‘(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at

least 2⁄3 of 1 percent for grants to sponsors of reliever airports

which have—

‘‘(i) more than 75,000 annual operations;

‘‘(ii) a runway with a minimum usable landing distance of 5,000 feet;

‘‘(iii) a precision instrument landing procedure;

‘‘(iv) a minimum number of aircraft, to be determined

by the Secretary, based at the airport; and

‘‘(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in

commercial passenger aircraft takeoffs and landings.’’.

(g) REPEAL OF APPORTIONMENT LIMITATION ON COMMERCIAL

SERVICE AIRPORTS IN ALASKA.—Section 47117 is amended by striking subsection (f) and by redesignating subsections (g) and (h) as

subsections (f) and (g), respectively.

SEC. 105. PASSENGER FACILITY FEES.

(a) AUTHORITY TO IMPOSE HIGHER FEE.—Section 40117(b) is

amended by adding at the end the following:

‘‘(4) In lieu of authorizing a fee under paragraph (1), the Secretary may authorize under this section an eligible agency to impose

a passenger facility fee of $4.00 or $4.50 on each paying passenger

of an air carrier or foreign air carrier boarding an aircraft at an

airport the agency controls to finance an eligible airport-related

project, including making payments for debt service on indebtedness

incurred to carry out the project, if the Secretary finds—
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‘‘(A) in the case of an airport that has more than .25 percent of the total number of annual boardings in the United

States, that the project will make a significant contribution to

improving air safety and security, increasing competition

among air carriers, reducing current or anticipated congestion,

or reducing the impact of aviation noise on people living near

the airport; and

‘‘(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103.’’.

(b) LIMITATION ON APPROVAL OF CERTAIN APPLICATIONS.—Section 40117(d) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(4) in the case of an application to impose a fee of more than $3.00 for an eligible surface transportation or terminal

project, the agency has made adequate provision for financing

the airside needs of the airport, including runways, taxiways,

aprons, and aircraft gates.’’.

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

amended—

(1) by striking ‘‘An amount’’ and inserting ‘‘(1) IN GEN- ERAL.—Subject to paragraph (3), an amount’’;

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

through the period at the end and inserting the following: ‘‘an

amount equal to— ‘‘(A) in the case of a fee of $3.00 or less, 50 percent of

the projected revenues from the fee in the fiscal year but not

by more than 50 percent of the amount that otherwise

would be apportioned under this section; and ‘‘(B) in the case of a fee of more than $3.00, 75 percent

of the projected revenues from the fee in the fiscal year but

not by more than 75 percent of the amount that otherwise

would be apportioned under this section.’’;

(3) by adding at the end the following:

‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an

apportionment required by paragraph (1) shall not take effect

until the first fiscal year following the year in which the collection of the fee imposed under section 40117 is begun.

‘‘(3) SPECIAL RULE FOR TRANSITIONING AIRPORTS.—

‘‘(A) IN GENERAL.—Beginning with the fiscal year following the first calendar year in which the sponsor of an

airport has more than .25 percent of the total number of

boardings in the United States, the sum of the amount that

would be apportioned under this section after application of

paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the fee in such fiscal year

shall not be less than the sum of the apportionment to such

airport for the preceding fiscal year and the revenues derived from such fee in the preceding fiscal year.

‘‘(B) EFFECTIVE PERIOD.—Subparagraph (A) shall be in

effect for fiscal years 2000 through 2003.’’; and
13

(4) by aligning paragraph (1) of such section (as designated

by paragraph (1) of this section) with paragraph (2) of such section (as added by paragraph (3) of this section).

SEC. 106. FUNDING FOR AVIATION PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.— (A) IN GENERAL.—The total budget resources made

available from the Airport and Airway Trust Fund each

fiscal year through fiscal year 2003 pursuant to sections

48101, 48102, 48103, and 106(k) of title 49, United States

Code, shall be equal to the level of receipts plus interest

credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b).

(B) GUARANTEE.—No funds may be appropriated or

limited for aviation investment programs listed in subsection (b) unless the amount described in subparagraph

(A) has been provided.

(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM

THE GENERAL FUND.—In any fiscal year through fiscal year

2003, if the amount described in paragraph (1) is appropriated,

there is further authorized to be appropriated from the general

fund of the Treasury such sums as may be necessary for the

Federal Aviation Administration Operations account.

(b) DEFINITIONS.—In this section, the following definitions

apply:

(1) TOTAL BUDGET RESOURCES.—The term ‘‘total budget resources’’ means the total amount made available from the Airport and Airway Trust Fund for the sum of obligation limitations and budget authority made available for a fiscal year for

the following budget accounts that are subject to the obligation

limitation on contract authority provided in this Act and for

which appropriations are provided pursuant to authorizations

contained in this Act:

(A) 69–8106–0–7–402 (Grants in Aid for Airports).

(B) 69–8107–0–7–402 (Facilities and Equipment).

(C) 69–8108–0–7–402 (Research and Development).

(D) 69–8104–0–7–402 (Trust Fund Share of Operations).

(2) LEVEL OF RECEIPTS PLUS INTEREST.—The term ‘‘level of

receipts plus interest’’ means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year

as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency

Deficit Control Act of 1985 (Public Law 99–177) (Treasury identification code 20–8103–0–7–402) for that fiscal year submitted

pursuant to section 1105 of title 31, United States Code.

(c) ENFORCEMENT OF GUARANTEES.—

(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.—It

shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or

conference report that would cause total budget resources in a

fiscal year for aviation investment programs described in sub-
14

section (b) to be less than the amount required by subsection

(a)(1)(A) for such fiscal year.

(2) CAPITAL PRIORITY.—It shall not be in order in the House

of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides

an appropriation (or any amendment thereto) for any fiscal year

through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation for Grants-inAid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities and Equipment for such fiscal year.

(d) CONFORMING AMENDMENT.—Section 48104 is amended—

(1) by striking ‘‘Except as provided in this section,’’ in subsection (a); and

(2) by striking subsections (b) and (c).

SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.

(a) IN GENERAL.—Chapter 481 is amended by adding at the

end the following:

‘‘§ 48112. Adjustment to AIP program funding

‘‘On the effective date of a general appropriations Act providing

appropriations for a fiscal year beginning after September 30, 2000,

for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the

amount, if any, by which—

‘‘(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds

‘‘(2) the amounts appropriated for programs funded under

such section for such fiscal year.

Any contract authority made available by this section shall be subject to an obligation limitation.’’.

(b) CONFORMING AMENDMENT.—The analysis for such chapter

is amended by adding at the end the following:

‘‘48112. Adjustment to AIP program funding.’’.

SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.

(a) IN GENERAL.—Chapter 481 is further amended by adding at

the end the following:

‘‘§ 48113. Reprogramming notification requirement

‘‘Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a

written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and

the Committee on Transportation and Infrastructure of the House of

Representatives.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 481 is

amended by adding at the end the following:

‘‘48113. Reprogramming notification requirement.’’.
15

Subtitle B—Airport Development

SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMERGENCY CALL BOXES.

(a) POLICY.—Section 47101(a)(11) is amended by inserting ‘‘(including integrated in-pavement lighting systems for runways and

taxiways and other runway and taxiway incursion prevention devices)’’ after ‘‘technology’’ the first place it appears.

(b) MAXIMUM USE OF SAFETY FACILITIES.—Section 47101(f) is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (9);

(2) by striking the period at the end of paragraph (10) and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways

and taxiways.’’.

(c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND EMERGENCY CALL BOXES AS AIRPORT DEVELOPMENT.—Section

47102(3)(B) is amended—

(1) in clause (ii)—

(A) by striking ‘‘and universal access systems,’’ and inserting ‘‘, universal access systems, and emergency call

boxes,’’; and

(B) by inserting ‘‘and integrated in-pavement lighting

systems for runways and taxiways and other runway and

taxiway incursion prevention devices’’ before the semicolon

at the end; and

(2) by inserting before the semicolon at the end of clause

(iii) the following: ‘‘, including closed circuit weather surveillance equipment if the airport is located in Alaska’’.

SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE

LIGHTING EXTENSIONS.

Section 47102(3)(B) is amended—

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

(2) by striking the period at the end of clause (vi) and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation

Administration;

‘‘(viii) stainless steel adjustable lighting extensions

approved by the Administrator; and’’.

SEC. 123. PAVEMENT MAINTENANCE.

(a) REPEAL OF PILOT PROGRAM.—

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

(2) CONFORMING AMENDMENT.—The analysis for chapter

471 is amended by striking the item relating to section 47132.

(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section 47102(3) is

amended by adding at the end the following:

‘‘(H) routine work to preserve and extend the useful life

of runways, taxiways, and aprons at airports that are not
16

primary airports, under guidelines issued by the Administrator of the Federal Aviation Administration.’’.

SEC. 124. ENHANCED VISION TECHNOLOGIES.

(a) STUDY.—The Administrator shall enter into a cooperative

research and development agreement to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to

conventional airport approach and runway lighting systems.

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to Congress a

progress report on the work accomplished under the cooperative

agreements detailing the evaluations performed to determine the potential of enhanced vision technology to meet the operational requirements of the intended application.

(c) CERTIFICATION.—Not later than 180 days after the conclusion of work under the research agreements, the Administrator shall

transmit to Congress a report on the potential of enhanced vision

technology to satisfy the operational requirements of the Federal

Aviation Administration and a schedule for the development of performance standards for certification appropriate to the application

of the enhanced vision technologies. If the Administrator certifies an

enhanced vision technology as meeting such performance standards,

the technology shall be treated as a navigation aid or other aid for

purposes of section 47102(3)(B)(i) of title 49, United States Code.

SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.

(a) WAIVER OF GRANT ASSURANCE.—Section 47107(h) is amended to read as follows:

‘‘(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE

WITH ADDITIONAL ASSURANCES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), before modifying an assurance required of a person receiving a grant under

this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from the person,

the Secretary of Transportation must—

‘‘(A) publish notice of the proposed modification in the

Federal Register; and

‘‘(B) provide an opportunity for comment on the

proposal.

‘‘(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL

LAND-USE ASSURANCE.—Before modifying an assurance under

subsection (c)(2)(B) that requires any property to be used for an

aeronautical purpose, the Secretary must provide notice to the

public not less than 30 days before making such modification.’’.

(b) WAIVER OF CONDITION ON CONVEYANCE OF LAND.—Section

47125(a) is amended by adding at the end the following: ‘‘Before

waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice

to the public not less than 30 days before waiving such condition.’’.

(c) SURPLUS PROPERTY.—Section 47151 is amended by adding

at the end the following:

‘‘(d) WAIVER OF CONDITION.—Before the Secretary may waive

any condition imposed on an interest in surplus property conveyed

under subsection (a) that such interest be used for an aeronautical
17

purpose, the Secretary must provide notice to the public not less

than 30 days before waiving such condition.’’.

(d) WAIVER OF CERTAIN TERM.—Section 47153 is amended by

adding at the end the following:

‘‘(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an

aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.’’.

(e) LIMITATION.—Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver

or make a modification referred to in such amendment.

SEC. 126. MATCHING SHARE.

Section 47109(a) is amended—

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

(3) and (4), respectively; and

(2) by inserting after paragraph (1) the following:

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

grant issued to and administered by a State under section

47128, relating to the State block grant program;’’.

SEC. 127. LETTERS OF INTENT.

Section 47110(e) is amended—

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

following:

‘‘(C) that meets the criteria of section 47115(d) and, if for

a project at a commercial service airport having at least 0.25

percent of the boardings each year at all such airports, the Secretary decides will enhance system-wide airport capacity significantly.’’; and

(2) by striking paragraph (5) and inserting the following:

‘‘(5) LETTERS OF INTENT.—The Secretary may not require an eligible agency to impose a passenger facility fee under section 40117

in order to obtain a letter of intent under this section.’’.

SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERATING CERTIFICATES.—Section 47116 is amended by adding at the

end the following:

‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERATING CERTIFICATES.—In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with

respect to airports described in section 44706(a)(2), and in each of

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

amounts that would otherwise be distributed to sponsors of airports

under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease

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

(b) NOTIFICATION OF SOURCE OF GRANT.—Section 47116 is further amended by adding at the end the following:

‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Secretary makes a grant under this section, the Secretary shall notify
18

the recipient of the grant, in writing, that the source of the grant

is from the small airport fund.’’.

(c) TECHNICAL AMENDMENTS.—Section 47116(d) is amended—

(1) by striking ‘‘In making’’ and inserting the following:

‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In making’’;

(2) by adding at the end the following:

‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POWERED AIR- CRAFT.—In making grants to sponsors described in subsection

(b)(1), the Secretary shall give priority consideration to airport

development projects to support operations by turbine powered

aircraft if the non-Federal share of the project is at least 40 percent.’’; and

(3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2)

(as added by paragraph (2) of this subsection).

SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

Section 47117(f) (as redesignated by section 104(g) of this Act)

is amended to read as follows:

‘‘(f) DISCRETIONARY USE OF APPORTIONMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), if the Secretary

finds that all or part of an amount of an apportionment under

section 47114 is not required during a fiscal year to fund a

grant for which the apportionment may be used, the Secretary

may use during such fiscal year the amount not so required to

make grants for any purpose for which grants may be made

under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on

other information received from airport sponsors.

‘‘(2) RESTORATION OF APPORTIONMENTS.— ‘‘(A) IN GENERAL.—If the fiscal year for which a finding

is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to

the apportionment an amount equal to the amount of the

apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103.

‘‘(B) PERIOD OF AVAILABILITY.—If restoration under this

paragraph is made in the fiscal year for which the finding

is made or the succeeding fiscal year, the amount restored

shall be subject to the original period of availability of the

apportionment under subsection (b). If the restoration is

made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number

of fiscal years during which a sufficient amount was not

available for the restoration.

‘‘(3) NEWLY AVAILABLE AMOUNTS.—

‘‘(A) RESTORED AMOUNTS TO BE UNAVAILABLE FOR DISCRETIONARY GRANTS.—Of an amount newly available

under section 48103 of this title, an amount equal to the

amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section

47115.
19

‘‘(B) USE OF REMAINING AMOUNTS.—Subparagraph (A)

does not impair the Secretary’s authority under paragraph

(1), after a restoration under paragraph (2), to apply all or

part of a restored amount that is not required to fund a

grant under an apportionment to fund discretionary grants.

‘‘(4) LIMITATIONS ON OBLIGATIONS APPLY.—Nothing in this

subsection shall be construed to authorize the Secretary to incur

grant obligations under section 47104 for a fiscal year in an

amount greater than the amount made available under section

48103 for such obligations for such fiscal year.’’.

SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

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

(1) in subsection (a)—

(A) by striking ‘‘12’’ and inserting ‘‘15’’; and

(B) by striking paragraph (2) and inserting the following:

‘‘(2) the airport is a military installation with both military and

civil aircraft operations.’’;

(2) by striking subsection (c) and inserting the following:

‘‘(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall consider only current or former military airports for

designation under this section if a grant under section

47117(e)(1)(B) would—

‘‘(1) reduce delays at an airport with more than 20,000

hours of annual delays in commercial passenger aircraft takeoffs and landings; or

‘‘(2) enhance airport and air traffic control system capacity

in a metropolitan area or reduce current and projected flight

delays.’’;

(3) in subsection (d)—

(A) by striking ‘‘47117(e)(1)(E)’’ and inserting

‘‘47117(e)(1)(B)’’;

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

‘‘periods, each not to exceed 5 fiscal years,’’; and

(C) by striking ‘‘each such subsequent 5-fiscal-year period’’ and inserting ‘‘each such subsequent period’’; and

(4) by adding at the end the following:

‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwithstanding any other provision of this section, 1 of the airports bearing a designation under subsection (a) may be a general aviation

airport that was a former military installation closed or realigned

under a section referred to in subsection (a)(1).’’.

(b) TERMINAL BUILDING FACILITIES.—Section 47118(e) is

amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section 47118(f) is

amended—

(1) in subsection heading by striking ‘‘AND HANGARS’’ and

inserting ‘‘HANGARS, AND AIR CARGO TERMINALS’’;

(2) by striking ‘‘$4,000,000’’ and inserting ‘‘$7,000,000’’;

and

(3) by inserting after ‘‘hangars’’ the following: ‘‘and air

cargo terminals of an area that is 50,000 square feet or less’’.
20

SEC. 131. CONTRACT TOWER COST-SHARING.

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

following:

‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT PROGRAM.—

‘‘(A) IN GENERAL.—The Secretary shall establish a pilot

program to contract for air traffic control services at Level

I air traffic control towers, as defined by the Secretary, that

do not qualify for the contract tower program established

under subsection (a) and continued under paragraph (1) (in

this paragraph referred to as the ‘Contract Tower

Program’).

‘‘(B) PROGRAM COMPONENTS.—In carrying out the pilot

program, the Secretary shall—

‘‘(i) utilize for purposes of cost-benefit analyses,

current, actual, site-specific data, forecast estimates, or

airport master plan data provided by a facility owner

or operator and verified by the Secretary; and

‘‘(ii) approve for participation only facilities willing

to fund a pro rata share of the operating costs of the

air traffic control tower to achieve a 1-to-1 benefit-tocost ratio using actual site-specific contract tower operating costs in any case in which there is an operating

air traffic control tower, as required for eligibility

under the Contract Tower Program.

‘‘(C) PRIORITY.—In selecting facilities to participate in

the pilot program, the Secretary shall give priority to the

following facilities:

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

in the Contract Tower Program but have been notified

that they will be terminated from such program because the Secretary has determined that the benefit-tocost ratio for their continuation in such program is less

than 1.0.

‘‘(ii) Air traffic control towers that the Secretary

determines have a benefit-to-cost ratio of at least .50.

‘‘(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the

air traffic controllers strike in 1981.

‘‘(iv) Air traffic control towers located at airports or

points at which an air carrier is receiving compensation under the essential air service program under this

chapter.

‘‘(v) Air traffic control towers located at airports

that are prepared to assume partial responsibility for

maintenance costs.

‘‘(vi) Air traffic control towers located at airports

with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.

‘‘(vii) Air traffic control towers located at an airport at which the community has been operating the

tower at its own expense.
21

‘‘(D) COSTS EXCEEDING BENEFITS.—If the costs of operating an air traffic tower under the pilot program exceed

the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit.

‘‘(E) FUNDING.—Subject to paragraph (4)(D), of the

amounts appropriated pursuant to section 106(k), not more

than $6,000,000 per fiscal year may be used to carry out

this paragraph.

‘‘(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subchapter, the Secretary may provide grants

under this subchapter to not more than 2 airport sponsors

for the construction of a low-level activity visual flight rule

(level 1) air traffic control tower, as defined by the

Secretary.

‘‘(B) ELIGIBILITY.—A sponsor shall be eligible for a

grant under this paragraph if—

‘‘(i) the sponsor would otherwise be eligible to participate in the pilot program established under paragraph (3) except for the lack of the air traffic control

tower proposed to be constructed under this subsection;

and

‘‘(ii) the sponsor agrees to fund not less than 25

percent of the costs of construction of the air traffic control tower.

‘‘(C) PROJECT COSTS.—Grants under this paragraph

shall be paid only from amounts apportioned to the sponsor

under section 47114(c)(1).

‘‘(D) FEDERAL SHARE.—The Federal share of the cost of

construction of an air traffic control tower under this paragraph may not exceed $1,100,000.’’.

SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

adding at the end the following:

‘‘§ 47135. Innovative financing techniques

‘‘(a) IN GENERAL.—The Secretary of Transportation may approve applications for not more than 20 airport development

projects for which grants received under this subchapter may be

used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the

total number of passenger boardings each year at all commercial

service airports in the most recent calendar year for which data is

available.

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

shall be to provide information on the benefits and difficulties of

using innovative financing techniques for airport development

projects.

‘‘(c) LIMITATIONS.—

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

of an innovative financing technique under this section be used

in a manner giving rise to a direct or indirect guarantee of any

airport debt instrument by the United States Government.
22

‘‘(2) TYPES OF TECHNIQUES.—In this section, innovative financing techniques are limited to—

‘‘(A) payment of interest;

‘‘(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development;

‘‘(C) flexible non-Federal matching requirements; and

‘‘(D) use of funds apportioned under section 47114 for

the payment of principal and interest of terminal development for costs incurred before the date of enactment of this

section.’’.

(b) CONFORMING AMENDMENT.—The analysis for subchapter I

of chapter 471 is amended by adding at the end the following:

‘‘47135. Innovative financing techniques.’’.

SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT

PROGRAM.

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

amended by adding at the end the following:

‘‘§ 47136. Inherently low-emission airport vehicle pilot program

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

out a pilot program at not more than 10 public-use airports under

which the sponsors of such airports may use funds made available

under section 48103 for use at such airports to carry out inherently

low-emission vehicle activities. Notwithstanding any other provision

of this subchapter, inherently low-emission vehicle activities shall

for purposes of the pilot program be treated as eligible for assistance

under this subchapter.

‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— ‘‘(1) IN GENERAL.—A public-use airport shall be eligible for

participation in the pilot program only if the airport is located

in an air quality nonattainment area (as defined in section

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

‘‘(2) SHORTAGE OF CANDIDATES.—If the Secretary receives

an insufficient number of applications from public-use airports

located in such areas, then the Secretary may consider applications from public-use airports that are not located in such

areas.

‘‘(c) SELECTION CRITERIA.—In selecting from among applicants

for participation in the pilot program, the Secretary shall give priority consideration to applicants that will achieve the greatest air

quality benefits measured by the amount of emissions reduced per

dollar of funds expended under the pilot program.

‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Notwithstanding

any other provision of this subchapter, the United States Government’s share of the costs of a project carried out under the pilot program shall be 50 percent.

‘‘(e) MAXIMUM AMOUNT.—Not more than $2,000,000 may be expended under the pilot program at any single public-use airport.

‘‘(f) TECHNICAL ASSISTANCE.—

‘‘(1) IN GENERAL.—The sponsor of a public-use airport carrying out inherently low-emission vehicle activities under the

pilot program may use not more than 10 percent of the amounts
23

made available for expenditure at the airport in a fiscal year

under the pilot program to receive technical assistance in carrying out such activities.

‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum extent practicable, participants in the pilot program shall use an eligible

consortium (as defined in section 5506 of this title) in the region

of the airport to receive technical assistance described in paragraph (1).

‘‘(g) MATERIALS IDENTIFYING BEST PRACTICES.—The Administrator may develop and make available materials identifying best

practices for carrying out low-emission vehicle activities based on

the projects carried out under the pilot program and other sources.

‘‘(h) REPORT TO CONGRESS.—Not later than 18 months after the

date of enactment of this section, the Secretary shall transmit to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report containing—

‘‘(1) an evaluation of the effectiveness of the pilot program;

‘‘(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and

‘‘(3) a description of the mechanisms used by the Secretary

to ensure that the information and know-how gained by participants in the pilot program is transferred among the participants and to other interested parties, including other public-use

airports.

‘‘(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY DEFINED.— In this section, the term ‘inherently low-emission vehicle activity’

means—

‘‘(1) the construction of infrastructure or modifications at

public-use airports to enable the delivery of fuel and services

necessary for the use of vehicles that are certified as inherently

low-emission vehicles under title 40 of the Code of Federal Regulations and that—

‘‘(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;

‘‘(B) are labeled in accordance with section 88.312–

93(c) of such title; and

‘‘(C) are located or primarily used at public-use

airports;

‘‘(2) the construction of infrastructure or modifications at

public-use airports to enable the delivery of fuel and services

necessary for the use of nonroad vehicles that—

‘‘(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;

‘‘(B) meet or exceed the standards set forth in section

86.1708–99 of such title or the standards set forth in section 89.112(a) of such title, and are in compliance with the

requirements of section 89.112(b) of such title; and

‘‘(C) are located or primarily used at public-use

airports;

‘‘(3) the payment of that portion of the cost of acquiring vehicles described in this subsection that exceeds the cost of ac-
24

quiring other vehicles or engines that would be used for the

same purpose; or

‘‘(4) the acquisition of technological capital equipment to

enable the delivery of fuel and services necessary for the use of

vehicles described in paragraph (1).’’.

(b) CONFORMING AMENDMENT.—The analysis for subchapter I

of chapter 471 is further amended by adding at the end the

following:

‘‘47136. Inherently low-emission airport vehicle pilot program.’’.

SEC. 134. AIRPORT SECURITY PROGRAM.

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

amended by adding at the end the following:

‘‘§ 47137. Airport security program

‘‘(a) GENERAL AUTHORITY.—To improve security at public airports in the United States, the Secretary of Transportation shall

carry out not less than 1 project to test and evaluate innovative

aviation security systems and related technology.

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

give the highest priority to a request from an eligible sponsor for a

grant to undertake a project that—

‘‘(1) evaluates and tests the benefits of innovative aviation

security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and

‘‘(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.

‘‘(c) MATCHING SHARE.—Notwithstanding section 47109, the

United States Government’s share of allowable project costs for a

project under this section shall be 100 percent.

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

such terms and conditions as the Secretary determines appropriate

for carrying out a project under this section, including terms and

conditions relating to the form and content of a proposal for a

project, project assurances, and schedule of payments.

‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section, the term ‘eligible sponsor’ means a nonprofit corporation composed of a consortium of public and private persons, including a sponsor of a primary airport, with the necessary engineering and technical expertise

to successfully conduct the testing and evaluation of airport and aircraft related security systems.

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

made available to the Secretary under section 47115 in a fiscal

year, the Secretary shall make available not less than $5,000,000

for the purpose of carrying out this section.’’.

(b) CONFORMING AMENDMENT.—The analysis for subchapter I

of chapter 471 is further amended by adding at the end the

following:

‘‘47137. Airport security program.’’.

SEC. 135. TECHNICAL AMENDMENTS.

(a) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF

CARRIERS.—Section 40117(e)(2) is amended—
25

(1) in subparagraph (B) by striking ‘‘and’’ at the end; and

(2) by adding at the end the following:

‘‘(D) on flights, including flight segments, between 2 or

more points in Hawaii; and

‘‘(E) in Alaska aboard an aircraft having a seating capacity

of less than 60 passengers.’’.

(b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF

CARRIERS OR FOR SERVICE TO AIRPORTS IN ISOLATED COMMU- NITIES.—Section 40117 is amended—

(1) in subsection (i)(1) by striking ‘‘and’’ at the end;

(2) in subsection (i)(2)(D) by striking the period at the end

and inserting ‘‘; and’’;

(3) by adding at the end of subsection (i) the following:

‘‘(3) may permit an eligible agency to request that collection

of a passenger facility fee be waived for—

‘‘(A) passengers enplaned by any class of air carrier or

foreign air carrier if the number of passengers enplaned by

the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually

at the airport at which the fee is imposed; or

‘‘(B) passengers enplaned on a flight to an airport—

‘‘(i) that has fewer than 2,500 passenger boardings

each year and receives scheduled passenger service; or

‘‘(ii) in a community which has a population of less

than 10,000 and is not connected by a land highway

or vehicular way to the land-connected National Highway System within a State.’’; and

(4) by adding at the end the following:

‘‘(j) LIMITATION ON CERTAIN ACTIONS.—A State, political subdivision of a State, or authority of a State or political subdivision

that is not the eligible agency may not tax, regulate, or prohibit or

otherwise attempt to control in any manner, the imposition or collection of a passenger facility fee or the use of the revenue from the

passenger facility fee.’’.

(c) CONTINUATION OF PROJECT FUNDING.—Section 47108 is

amended by adding at the end the following:

‘‘(e) CHANGE IN AIRPORT STATUS.—

‘‘(1) CHANGES TO NONPRIMARY AIRPORT STATUS.—If the status of a primary airport changes to a nonprimary airport at a

time when a development project under a multiyear agreement

under subsection (a) is not yet completed, the project shall remain eligible for funding from discretionary funds under section 47115 at the funding level and under the terms provided

by the agreement, subject to the availability of funds.

‘‘(2) CHANGES TO NONCOMMERCIAL SERVICE AIRPORT STATUS.—If the status of a commercial service airport changes to

a noncommercial service airport at a time when a terminal development project under a phased-funding arrangement is not

yet completed, the project shall remain eligible for funding from

discretionary funds under section 47115 at the funding level

and under the terms provided by the arrangement subject to the

availability of funds.’’.

(d) REFERENCES TO GIFTS.—Chapter 471 is amended—

(1) in section 47151—
26

(A) in subsection (a)—

(i) in the matter preceding paragraph (1) by striking ‘‘give’’ and inserting ‘‘convey to’’; and

(ii) in paragraph (2) by striking ‘‘gift’’ and inserting ‘‘conveyance’’;

(B) in subsection (b)—

(i) by striking ‘‘giving’’ and inserting ‘‘conveying’’;

and

(ii) by striking ‘‘gift’’ and inserting ‘‘conveyance’’;

and

(C) in subsection (c)—

(i) in the subsection heading by striking ‘‘GIVEN’’

and inserting ‘‘CONVEYED’’; and

(ii) by striking ‘‘given’’ and inserting ‘‘conveyed’’;

(2) in section 47152—

(A) in the section heading by striking ‘‘gifts’’ and inserting ‘‘conveyances’’; and

(B) in the matter preceding paragraph (1) by striking

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

(3) in section 47153(a)(1)—

(A) by striking ‘‘gift’’ each place it appears and inserting ‘‘conveyance’’; and

(B) by striking ‘‘given’’ and inserting ‘‘conveyed’’; and

(4) in the analysis for such chapter by striking the item relating to section 47152 and inserting the following:

‘‘47152. Terms of conveyances.’’.

SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.

Section 47151 (as amended by section 125(c) of this Act) is further amended by adding at the end the following:

‘‘(e) REQUESTS BY PUBLIC AGENCIES.—Except with respect to a

request made by another department, agency, or instrumentality of

the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section

47102) for surplus property described in subsection (a) (other than

real property that is subject to section 2687 of title 10, section 201

of the Defense Authorization Amendments and Base Closure and

Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687

note)) for use at a public airport.’’.

SEC. 137. INTERMODAL CONNECTIONS.

(a) AIRPORT IMPROVEMENT POLICY.—Section 47101(a)(5) is

amended to read as follows:

‘‘(5) to encourage the development of intermodal connections

on airport property between aeronautical and other transportation modes and systems to serve air transportation passengers

and cargo efficiently and effectively and promote economic development;’’.

(b) AIRPORT DEVELOPMENT DEFINED.—Section 47102(3) (as

amended by section 123(b)) is further amended by adding at the end

the following:
27

‘‘(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be owned by an airport, for the purpose of transferring passengers, cargo, or baggage between the aeronautical

and ground transportation modes on airport property.’’.

SEC. 138. STATE BLOCK GRANT PROGRAM.

Section 47128(a) is amended by striking ‘‘8 qualified States for

fiscal year 1997 and 9 qualified States for each fiscal year thereafter’’ and insert ‘‘9 qualified States for fiscal years 2000 and 2001

and 10 qualified States for each fiscal year thereafter’’.

SEC. 139. DESIGN-BUILD CONTRACTING.

(a) PILOT PROGRAM.—The Administrator may establish a pilot

program under which design-build contracts may be used to carry

out up to 7 projects at airports in the United States with a grant

awarded under section 47104 of title 49, United States Code. A

sponsor of an airport may submit an application to the Administrator to carry out a project otherwise eligible for assistance under

chapter 471 of such title under the pilot program.

(b) USE OF DESIGN-BUILD CONTRACTS.—Under the pilot program, the Administrator may approve an application of an airport

sponsor under this section to authorize the airport sponsor to award

a design-build contract using a selection process permitted under

applicable State or local law if—

(1) the Administrator approves the application using criteria established by the Administrator;

(2) the design-build contract is in a form that is approved

by the Administrator;

(3) the Administrator is satisfied that the contract will be

executed pursuant to competitive procedures and contains a

schematic design adequate for the Administrator to approve the

grant;

(4) use of a design-build contract will be cost effective and

expedite the project;

(5) the Administrator is satisfied that there will be no conflict of interest; and

(6) the Administrator is satisfied that the selection process

will be as open, fair, and objective as the competitive bid system

and that at least 3 or more bids will be submitted for each

project under the selection process.

(c) REIMBURSEMENT OF COSTS.—The Administrator may reimburse an airport sponsor for design and construction costs incurred

before a grant is made pursuant to this section if the project is approved by the Administrator in advance and is carried out in accordance with all administrative and statutory requirements that

would have been applicable under chapter 471 of title 49, United

States Code, if the project were carried out after a grant agreement

had been executed.

(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the

term ‘‘design-build contract’’ means an agreement that provides for

both design and construction of a project by a contractor.

(e) EXPIRATION OF AUTHORITY.—The authority of the Administrator to carry out the pilot program under this section shall expire

on September 30, 2003.
28

Subtitle C—Miscellaneous

SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED

PROJECTS.

Section 40117(a) is amended to read as follows:

‘‘(a) DEFINITIONS.—In this section, the following definitions

apply:

‘‘(1) AIRPORT, COMMERCIAL SERVICE AIRPORT, AND PUBLIC

AGENCY.—The terms ‘airport’, ‘commercial service airport’, and

‘public agency’ have the meaning those terms have under section 47102.

‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible agency’ means a

public agency that controls a commercial service airport.

‘‘(3) ELIGIBLE AIRPORT-RELATED PROJECT.—The term ‘eligible airport-related project’ means any of the following projects:

‘‘(A) A project for airport development or airport planning under subchapter I of chapter 471.

‘‘(B) A project for terminal development described in

section 47110(d).

‘‘(C) A project for airport noise capability planning

under section 47505.

‘‘(D) A project to carry out noise compatibility measures

eligible for assistance under section 47504, whether or not

a program for those measures has been approved under section 47504.

‘‘(E) A project for constructing gates and related areas

at which passengers board or exit aircraft. In the case of a

project required to enable additional air service by an air

carrier with less than 50 percent of the annual passenger

boardings at an airport, the project for constructing gates

and related areas may include structural foundations and

floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems,

building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate.

‘‘(4) PASSENGER FACILITY FEE.—The term ‘passenger facility

fee’ means a fee imposed under this section.

‘‘(5) PASSENGER FACILITY REVENUE.—The term ‘passenger

facility revenue’ means revenue derived from a passenger facility fee.’’.

SEC. 152. TERMINAL DEVELOPMENT COSTS.

(a) WITH RESPECT TO PASSENGER FACILITY CHARGES.—Section

40117(a)(3) is further amended—

(1) by redesignating subparagraphs (C), (D), and (E) as

subparagraphs (D), (E), and (F), respectively; and

(2) by inserting after subparagraph (B) the following:

‘‘(C) for costs of terminal development referred to in

subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total

annual passenger boardings in the United States in the

most recent calendar year for which data is available and

at which total passenger boardings declined by at least 16
29

percent between calendar year 1989 and calendar year

1997;’’.

(b) NONPRIMARY COMMERCIAL SERVICE AIRPORTS.—Section

47119 is amended by adding at the end the following:

‘‘(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL

SERVICE AIRPORTS.—For the purpose of determining whether an

amount may be distributed for a fiscal year from the discretionary

fund in accordance with subsection (b)(2)(A) to a commercial service

airport, the Secretary shall make the determination of whether or

not a public airport is a commercial service airport on the basis of

the number of passenger boardings and type of air service at the

public airport in the calendar year that includes the first day of

such fiscal year or the preceding calendar year, whichever is more

beneficial to the airport.’’.

SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.

Section 44502(a)(4)(B) is amended—

(1) by striking ‘‘each of fiscal years 1995 and 1996’’ and inserting ‘‘each of fiscal years 2000 through 2002’’; and

(2) by inserting ‘‘under new or existing contracts’’ after ‘‘including acquisition’’.

SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.

Section 47504(c) is amended by adding at the end the following:

‘‘(6) AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.—The Secretary may make a grant under this subsection

for a project even if the purpose of the project is to mitigate the

effect of noise primarily caused by military aircraft at an

airport.’’.

SEC. 155. COMPETITION PLANS.

(a) FINDINGS.—The Congress makes the following findings:

(1) Major airports must be available on a reasonable basis

to all air carriers wishing to serve those airports.

(2) 15 large hub airports today are each dominated by one

air carrier, with each such carrier controlling more than 50 percent of the traffic at the hub.

(3) The General Accounting Office has found that such levels of concentration lead to higher air fares.

(4) The United States Government must take every step necessary to reduce those levels of concentration.

(5) Consistent with air safety, spending at these airports

must be directed at providing opportunities for carriers wishing

to serve such facilities on a commercially viable basis.

(b) IN GENERAL.—Section 47106 is amended by adding at the

end the following:

‘‘(f) COMPETITION PLANS.—

‘‘(1) PROHIBITION.—Beginning in fiscal year 2001, no passenger facility fee may be approved for a covered airport under

section 40117 and no grant may be made under this subchapter

for a covered airport unless the airport has submitted to the

Secretary a written competition plan in accordance with this

subsection.

‘‘(2) CONTENTS.—A competition plan under this subsection

shall include information on the availability of airport gates
30

and related facilities, leasing and sub-leasing arrangements,

gate-use requirements, patterns of air service, gate-assignment

policy, financial constraints, airport controls over air- and

ground-side capacity, whether the airport intends to build or

acquire gates that would be used as common facilities, and airfare levels (as compiled by the Department of Transportation)

compared to other large airports.

‘‘(3) COVERED AIRPORT DEFINED.—In this subsection, the

term ‘covered airport’ means a commercial service airport—

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

of passenger boardings each year at all such airports; and

‘‘(B) at which one or two air carriers control more than

50 percent of the passenger boardings.’’.

(c) CROSS REFERENCE.—Section 40117 (as amended by section

135(b) of this Act) is further amended by adding at the end the following:

‘‘(k) COMPETITION PLANS.— ‘‘(1) IN GENERAL.—Beginning in fiscal year 2001, no eligible

agency may impose a passenger facility fee under this section

with respect to a covered airport (as such term is defined in section 47106(f)) unless the agency has submitted to the Secretary

a written competition plan in accordance with such section.

This subsection does not apply to passenger facility fees in effect

before the date of enactment of this subsection.

‘‘(2) SECRETARY SHALL ENSURE IMPLEMENTATION AND COM- PLIANCE.—The Secretary shall review any plan submitted under

paragraph (1) to ensure that it meets the requirements of this

section, and shall review its implementation from time to time

to ensure that each covered airport successfully implements its

plan.’’.

(d) AVAILABILITY OF GATES AND OTHER ESSENTIAL SERVICES.— The Secretary shall ensure that gates and other facilities are made

available at costs that are fair and reasonable to air carriers at covered airports (as defined in section 47106(f)(4) of title 49, United

States Code) where a ‘‘majority-in-interest clause’’ of a contract or

other agreement or arrangement inhibits the ability of the local airport authority to provide or build new gates or other facilities.

SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.

(a) APPLICATION OF FAA REGULATIONS.—Section 40113 is

amended by adding at the end the following:

‘‘(f) APPLICATION OF CERTAIN REGULATIONS TO ALASKA.—In

amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska, the Administrator of the Federal

Aviation Administration shall consider the extent to which Alaska

is not served by transportation modes other than aviation, and shall

establish such regulatory distinctions as the Administrator considers appropriate.’’.

(b) MIKE-IN-HAND WEATHER OBSERVATION.—The Administrator

and the Assistant Administrator of the National Weather Service, in

consultation with the National Transportation Safety Board and the

Governor of the State of Alaska, shall continue efforts to develop

and implement a ‘‘mike-in-hand’’ weather observation program in

Alaska under which Federal Aviation Administration employees,

National Weather Service employees, other Federal or State employ-
31

ees sited at an airport, or persons contracted specifically for such

purpose (including part-time contract employees who are not sited

at such airport), will provide near-real time aviation weather information via radio and otherwise to pilots who request such information.

SEC. 157. USE OF RECYCLED MATERIALS.

(a) STUDY.—The Administrator shall conduct a study of the use

of recycled materials (including recycled pavements, waste materials, and byproducts) in pavement used for runways, taxiways, and

aprons and the specification standards in tests necessary for the use

of recycled materials in such pavement. The primary focus of the

study shall be on the long-term physical performance, safety implications, and environmental benefits of using recycled materials in

aviation pavement.

(b) CONTRACTING.—The Administrator may carry out the study

by entering into a contract with a university of higher education

with expertise necessary to carry out the study.

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

of this Act, the Administrator shall transmit to Congress a report

on the results of the study, together with recommendations concerning the use of recycled materials in aviation pavement.

(d) FUNDING.—Of the amounts appropriated pursuant to section

106(k) of title 49, United States Code, not to exceed $1,500,000 may

be used to carry out this section.

SEC. 158. CONSTRUCTION OF RUNWAYS.

Notwithstanding any provision of law that specifically restricts

the number of runways at a single international airport, the Secretary may obligate funds made available under chapters 471 and

481 of title 49, United States Code, for any project to construct a

new runway at such airport, unless this section is expressly repealed.

SEC. 159. NOTICE OF GRANTS.

(a) TIMELY ANNOUNCEMENT.—The Secretary shall announce a

grant to be made with funds made available under section 48103

of title 49, United States Code, in a timely fashion after receiving

necessary documentation concerning the grant from the Administrator.

(b) NOTICE TO COMMITTEES.—If the Secretary provides any

committee of Congress advance notice of a grant to be made with

funds made available under section 48103 of title 49, United States

Code, the Secretary shall provide, on the same date, such notice to

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate.

SEC. 160. AIRFIELD PAVEMENT CONDITIONS.

(a) EVALUATION OF OPTIONS.—The Administrator shall evaluate options for improving the quality of information available to the

Federal Aviation Administration on airfield pavement conditions for

airports that are part of the national air transportation system,

including—

(1) improving the existing runway condition information

contained in the airport safety data program by reviewing and
32

revising rating criteria and providing increased training for inspectors;

(2) requiring such airports to submit pavement condition

index information as part of their airport master plan or as

support in applications for airport improvement grants; and

(3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condition database that could be

used in evaluating the cost-effectiveness of project applications

and forecasting anticipated pavement needs.

(b) REPORT TO CONGRESS.—Not later than 12 months after the

date of enactment of this Act, the Administrator shall transmit a report containing an evaluation of the options described in subsection

(a) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.

Not later than 9 months after the date of enactment of this Act,

the Secretary shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives

a report on efforts by the Federal Aviation Administration to implement capacity enhancements and improvements, both technical and

procedural, such as precision runway monitoring systems, and the

timeframe for implementation of such enhancements and improvements.

SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.

Section 47120 is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’; and

(2) by adding at the end the following:

‘‘(b) DISCRETIONARY FUNDING TO BE USED FOR HIGHER PRIORITY PROJECTS.—The Administrator of the Federal Aviation Administration shall discourage airport sponsors and airports from

using entitlement funds for lower priority projects by giving lower

priority to discretionary projects submitted by airport sponsors and

airports that have used entitlement funds for projects that have a

lower priority than the projects for which discretionary funds are

being requested.’’.

SEC. 163. CONTINUATION OF REPORTS.

Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report

required to be submitted under any of the following provisions of

law:

(1) Section 44501 of title 49, United States Code.

(2) Section 47103 of such title.

(3) Section 47131 of such title.
33

TITLE II—AIRLINE SERVICE

IMPROVEMENTS

Subtitle A—Small Communities

SEC. 201. POLICY FOR AIR SERVICE TO RURAL AREAS.

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

‘‘(16) ensuring that consumers in all regions of the United

States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air

service.’’.

SEC. 202. WAIVER OF LOCAL CONTRIBUTION.

Section 41736(b) is amended by inserting after paragraph (4)

the following:

‘‘Paragraph (4) does not apply to any community approved for service under this section during the period beginning October 1, 1991,

and ending December 31, 1997.’’.

SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING SUFFICIENT SERVICE.

(a) IN GENERAL.—Subchapter II of chapter 417 is amended by

adding at the end the following:

‘‘§ 41743. Airports not receiving sufficient service

‘‘(a) SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM.—The Secretary of Transportation shall establish a pilot program that meets the requirements of this section for improving air

carrier service to airports not receiving sufficient air carrier service.

‘‘(b) APPLICATION REQUIRED.—In order to participate in the program established under subsection (a), a community or consortium

of communities shall submit an application to the Secretary in such

form, at such time, and containing such information as the Secretary may require, including—

‘‘(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and

‘‘(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.

‘‘(c) CRITERIA FOR PARTICIPATION.—In selecting communities, or

consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following

criteria:

‘‘(1) SIZE.—For calendar year 1997, the airport serving the

community or consortium was not larger than a small hub airport (as that term is defined in section 41731(a)(5)), and—

‘‘(A) had insufficient air carrier service; or

‘‘(B) had unreasonably high air fares.

‘‘(2) CHARACTERISTICS.—The airport presents characteristics, such as geographic diversity or unique circumstances, that

will demonstrate the need for, and feasibility of, the program

established under subsection (a).
34

‘‘(3) STATE LIMIT.—No more than 4 communities or consortia of communities, or a combination thereof, may be located

in the same State.

‘‘(4) OVERALL LIMIT.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected

to participate in the program.

‘‘(5) PRIORITIES.—The Secretary shall give priority to communities or consortia of communities where—

‘‘(A) air fares are higher than the average air fares for

all communities;

‘‘(B) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;

‘‘(C) the community or consortium has established, or

will establish, a public-private partnership to facilitate air

carrier service to the public; and

‘‘(D) the assistance will provide material benefits to a

broad segment of the travelling public, including business,

educational institutions, and other enterprises, whose access to the national air transportation system is limited.

‘‘(d) TYPES OF ASSISTANCE.—The Secretary may use amounts

made available under this section—

‘‘(1) to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years;

‘‘(2) to provide assistance to an underserved airport to obtain service to and from the underserved airport; and

‘‘(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation

with such airport, considers appropriate to improve air service

both in terms of the cost of such service to consumers and the

availability of such service, including improving air service

through marketing and promotion of air service and enhanced

utilization of airport facilities.

‘‘(e) AUTHORITY TO MAKE AGREEMENTS.—

‘‘(1) IN GENERAL.—The Secretary may make agreements to

provide assistance under this section.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $20,000,000 for fiscal

year 2001 and $27,500,000 for each of fiscal years 2002 and

2003 to carry out this section. Such sums shall remain available until expended.

‘‘(f) ADDITIONAL ACTION.—Under the pilot program established

under subsection (a), the Secretary shall work with air carriers providing service to participating communities and major air carriers

(as defined in section 41716(a)(2)) serving large hub airports (as defined in section 41731(a)(3)) to facilitate joint-fare arrangements

consistent with normal industry practice.

‘‘(g) DESIGNATION OF RESPONSIBLE OFFICIAL.—The Secretary

shall designate an employee of the Department of Transportation—

‘‘(1) to function as a facilitator between small communities

and air carriers;

‘‘(2) to carry out this section;
35

‘‘(3) to ensure that the Bureau of Transportation Statistics

collects data on passenger information to assess the service

needs of small communities;

‘‘(4) to work with and coordinate efforts with other Federal,

State, and local agencies to increase the viability of service to

small communities and the creation of aviation development

zones; and

‘‘(5) to provide policy recommendations to the Secretary and

Congress that will ensure that small communities have access

to quality, affordable air transportation services.

‘‘(h) AIR SERVICE DEVELOPMENT ZONE.—The Secretary shall

designate an airport in the program as an Air Service Development

Zone and work with the community or consortium on means to attract business to the area surrounding the airport, to develop land

use options for the area, and provide data, working with the Department of Commerce and other agencies.’’.

(b) CONFORMING AMENDMENT.—The analysis for subchapter II

of chapter 417 is amended by adding at the end the following:

‘‘41743. Airports not receiving sufficient service.’’.

SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CARRIER DOMINATED HUB AIRPORTS.

(a) IN GENERAL.—Subchapter II of chapter 417 (as amended by

section 203 of this Act) is further amended by adding at the end the

following:

‘‘§ 41744. Preservation of basic essential air service at single

carrier dominated hub airports

‘‘(a) IN GENERAL.—If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable performance of essential air service under this subchapter from a subsidized essential air service community to and from an essential airport facility, the Secretary may require an air carrier that has more

than 60 percent of the total annual enplanements at the essential

airport facility to take action to enable another air carrier to provide

reliable essential air service to that community. Actions required by

the Secretary under this subsection may include interline agreements, ground services, subleasing of gates, and the provision of any

other service or facility necessary for the performance of satisfactory

essential air service to that community.

‘‘(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In this section,

the term ‘essential airport facility’ means a large hub airport (as defined in section 41731) in the contiguous 48 States at which 1 air

carrier has more than 60 percent of the total annual enplanements

at that airport.’’.

(b) CONFORMING AMENDMENT.—The analysis for subchapter II

of chapter 417 is further amended by adding at the end the following:

‘‘41744. Preservation of basic essential air service at single carrier dominated hub

airports.’’.

SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

The Secretary may provide assistance under subchapter II of

chapter 417 of title 49, United States Code, with respect to a place

that is located within 70 highway miles of a hub airport (as defined
36

by section 41731 of such title) if the most commonly used highway

route between the place and the hub airport exceeds 70 miles.

SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.

(a) IN GENERAL.—The Secretary shall conduct an analysis of

the difficulties faced by many smaller communities in retaining essential air service and shall develop a plan to facilitate the retention

of such service.

(b) EXAMINATION OF NORTH DAKOTA COMMUNITIES.—In conducting the analysis and developing the plan under subsection (a),

the Secretary shall pay particular attention to communities located

in North Dakota.

(c) REPORT.—Not later than 60 days after the date of enactment

of this section, the Secretary shall transmit to Congress a report

containing the analysis and plan described in subsection (a).

SEC. 207. MARKETING PRACTICES.

(a) REVIEW OF MARKETING PRACTICES THAT ADVERSELY AF- FECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—Not later than

180 days after the date of enactment of this Act, the Secretary shall

review the marketing practices of air carriers that may inhibit the

availability of quality, affordable air transportation services to

small- and medium-sized communities, including—

(1) marketing arrangements between airlines and travel

agents;

(2) code-sharing partnerships;

(3) computer reservation system displays;

(4) gate arrangements at airports;

(5) exclusive dealing arrangements; and

(6) any other marketing practice that may have the same

effect.

(b) REGULATIONS.—If the Secretary finds, after conducting the

review, that marketing practices inhibit the availability of affordable air transportation services to small- and medium-sized communities, then, after public notice and an opportunity for comment, the

Secretary may issue regulations that address the problem or take

other appropriate action.

(c) STATUTORY CONSTRUCTION.—Nothing in this section expands the authority or jurisdiction of the Secretary to issue regulations under chapter 417 of title 49, United States Code, or under

any other law.

SEC. 208. DEFINITION OF ELIGIBLE PLACE.

Section 41731(a)(1) is amended—

(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

(2) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’;

(3) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’;

(4) by striking ‘‘subchapter.’’ and inserting ‘‘subchapter; or’’;

and

(5) by adding at the end the following:

‘‘(B) determined, on or after October 1, 1988, and before

the date of enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, under this

subchapter by the Secretary to be eligible to receive subsidized small community air service under section

41736(a).’’.
37

SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR SERVICE PROGRAM.

(a) AUTHORIZATION OF APPROPRIATION.—Section 41742(a) is

amended—

(1) by striking ‘‘Out of’’ and inserting the following:

‘‘(1) AUTHORIZATION.—Out of’’;

(2) by adding at the end the following:

‘‘(2) ADDITIONAL FUNDS.—In addition to amounts authorized under paragraph (1), there is authorized to be appropriated $15,000,000 for each fiscal year to carry out the essential air service program under this subchapter.’’; and

(3) by aligning paragraph (1) (as designated by paragraph

(1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection).

(b) LIMITATION ON ADJUSTMENTS TO LEVELS OF SERVICE.—Section 41733(e) is amended by striking the period at the end and inserting ‘‘, to the extent such adjustments are to a level not less than

the basic essential air service level established under subsection (a)

for the airport that serves the community.’’.

(c) EFFECT ON CERTAIN ORDERS.—All orders issued by the Secretary after September 30, 1999, and before the date of enactment

of this Act establishing, modifying, or revoking essential air service

levels shall be null and void beginning on the 90th day following

such date of enactment. During the 90-day period, the Secretary

shall reconsider such orders and shall issue new orders consistent

with the amendments made by this section.

SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.

(a) IN GENERAL.—Chapter 417 is amended by adding at the

end the following:

‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE

PROGRAM

‘‘§ 41761. Purpose

‘‘The purpose of this subchapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of

Federal credit instruments, to commuter air carriers that purchase

regional jet aircraft for use in serving those markets.

‘‘§ 41762. Definitions

‘‘In this subchapter, the following definitions apply:

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

carrier holding a certificate of public convenience and necessity

issued by the Secretary of Transportation under section 41102.

‘‘(2) AIRCRAFT PURCHASE.—The term ‘aircraft purchase’

means the purchase of commercial transport aircraft, including

spare parts normally associated with the aircraft.

‘‘(3) CAPITAL RESERVE SUBSIDY AMOUNT.—The term ‘capital

reserve subsidy amount’ means the amount of budget authority

sufficient to cover estimated long-term cost to the United States

Government of a Federal credit instrument, calculated on a net

present value basis, excluding administrative costs and any incidental effects on government receipts or outlays in accordance
38

with provisions of the Federal Credit Reform Act of 1990 (2

U.S.C. 661 et seq.).

‘‘(4) COMMUTER AIR CARRIER.—The term ‘commuter air carrier’ means an air carrier that primarily operates aircraft designed to have a maximum passenger seating capacity of 75 or

less in accordance with published flight schedules.

‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal

credit instrument’ means a secured loan, loan guarantee, or line

of credit authorized to be made under this subchapter.

‘‘(6) FINANCIAL OBLIGATION.—The term ‘financial obligation’ means any note, bond, debenture, or other debt obligation

issued by an obligor in connection with the financing of an aircraft purchase, other than a Federal credit instrument.

‘‘(7) LENDER.—The term ‘lender’ means any non-Federal

qualified institutional buyer (as defined by section 230.144A(a)

of title 17, Code of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Security and Exchange

Commission and issued under the Security Act of 1933 (15

U.S.C. 77a et seq.)), including—

‘‘(A) a qualified retirement plan (as defined in section

4974(c) of the Internal Revenue Code of 1986) that is a

qualified institutional buyer; and

‘‘(B) a governmental plan (as defined in section 414(d)

of the Internal Revenue Code of 1986) that is a qualified institutional buyer.

‘‘(8) LINE OF CREDIT.—The term ‘line of credit’ means an

agreement entered into by the Secretary with an obligor under

section 41763(d) to provide a direct loan at a future date upon

the occurrence of certain events.

‘‘(9) LOAN GUARANTEE.—The term ‘loan guarantee’ means

any guarantee or other pledge by the Secretary under section

41763(c) to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and

funded by a lender.

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

air carrier’ means an air carrier that has been providing air

transportation according to a published schedule for less than

5 years, including any person that has received authority from

the Secretary to provide air transportation but is not providing

air transportation.

‘‘(11) NONHUB AIRPORT.—The term ‘nonhub airport’ means

an airport that each year has less than .05 percent of the total

annual boardings in the United States.

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

liable for payment of the principal of or interest on a Federal

credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.

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

‘‘(A) powered by jet propulsion; and

‘‘(B) designed to have a maximum passenger seating

capacity of not less than 30 nor more than 75.
39

‘‘(14) SECURED LOAN.—The term ‘secured loan’ means a direct loan funded by the Secretary in connection with the financing of an aircraft purchase under section 41763(b).

‘‘(15) SMALL HUB AIRPORT.—The term ‘small hub airport’

means an airport that each year has at least .05 percent, but

less than .25 percent, of the total annual boardings in the

United States.

‘‘(16) UNDERSERVED MARKET.—The term ‘underserved market’ means a passenger air transportation market (as defined by

the Secretary) that—

‘‘(A) is served (as determined by the Secretary) by a

nonhub airport or a small hub airport;

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

each year has at least .25 percent of the total annual

boardings in the United States; and

‘‘(C) the Secretary determines does not have sufficient

air service.

‘‘§ 41763. Federal credit instruments

‘‘(a) IN GENERAL.—Subject to this section and section 41766, the

Secretary of Transportation may enter into agreements with one or

more obligors to make available Federal credit instruments, the proceeds of which shall be used to finance aircraft purchases.

‘‘(b) SECURED LOANS.— ‘‘(1) TERMS AND LIMITATIONS.— ‘‘(A) IN GENERAL.—A secured loan under this section

with respect to an aircraft purchase shall be on such terms

and conditions and contain such covenants, representatives,

warranties, and requirements (including requirements for

audits) as the Secretary determines appropriate.

‘‘(B) MAXIMUM AMOUNT.—No secured loan may be

made under this section—

‘‘(i) that extends to more than 50 percent of the

purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts)

of the aircraft, including spare parts, to be purchased;

or

‘‘(ii) that, when added to the remaining balance on

any other Federal credit instruments made under this

subchapter, provides more than $100,000,000 of outstanding credit to any single obligor.

‘‘(C) FINAL PAYMENT DATE.—The final payment on the

secured loan shall not be due later than 18 years after the

date of execution of the loan agreement.

‘‘(D) SUBORDINATION.—The secured loan may be subordinate to claims of other holders of obligations in the event

of bankruptcy, insolvency, or liquidation of the obligor as

determined appropriate by the Secretary.

‘‘(E) FEES.—The Secretary, subject to appropriations,

may establish fees at a level sufficient to cover all or a portion of the administrative costs to the United States Government of making a secured loan under this section. The

proceeds of such fees shall be deposited in an account to be

used by the Secretary for the purpose of administering the
40

program established under this subchapter and shall be

available upon deposit until expended.

‘‘(2) REPAYMENT.—

‘‘(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each secured loan under this section

based on the projected cash flow from aircraft revenues and

other repayment sources.

‘‘(B) COMMENCEMENT.—Scheduled loan repayments of

principal and interest on a secured loan under this section

shall commence no later than 3 years after the date of execution of the loan agreement.

‘‘(3) PREPAYMENT.—

‘‘(A) USE OF EXCESS REVENUE.—After satisfying scheduled debt service requirements on all financial obligations

and secured loans and all deposit requirements under the

terms of any trust agreement, bond resolution, or similar

agreement securing financial obligations, the secured loan

may be prepaid at anytime without penalty.

‘‘(B) USE OF PROCEEDS OF REFINANCING.—The secured

loan may be prepaid at any time without penalty from proceeds of refinancing from non-Federal funding sources.

‘‘(c) LOAN GUARANTEES.—

‘‘(1) IN GENERAL.—A loan guarantee under this section with

respect to a loan made for an aircraft purchase shall be made

in such form and on such terms and conditions and contain

such covenants, representatives, warranties, and requirements

(including requirements for audits) as the Secretary determines

appropriate.

‘‘(2) MAXIMUM AMOUNT.—No loan guarantee shall be made

under this section—

‘‘(A) that extends to more than the unpaid interest and

50 percent of the unpaid principal on any loan;

‘‘(B) that, for any loan or combination of loans, extends

to more than 50 percent of the purchase price (including the

value of any manufacturer credits, post-purchase options,

or other discounts) of the aircraft, including spare parts, to

be purchased with the loan or loan combination;

‘‘(C) on any loan with respect to which terms permit repayment more than 15 years after the date of execution of

the loan; or

‘‘(D) that, when added to the remaining balance on any

other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding

credit to any single obligor.

‘‘(3) FEES.—The Secretary, subject to appropriations, may

establish fees at a level sufficient to cover all or a portion of the

administrative costs to the United States Government of making a loan guarantee under this section. The proceeds of such

fees shall be deposited in an account to be used by the Secretary

for the purpose of administering the program established under

this subchapter and shall be available upon deposit until expended.

‘‘(d) LINES OF CREDIT.—
41

‘‘(1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary may enter into agreements to make available lines of credit to one or more obligors in the form of direct

loans to be made by the Secretary at future dates on the occurrence of certain events for any aircraft purchase selected under

this section.

‘‘(2) TERMS AND LIMITATIONS.— ‘‘(A) IN GENERAL.—A line of credit under this subsection with respect to an aircraft purchase shall be on

such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

‘‘(B) MAXIMUM AMOUNT.— ‘‘(i) TOTAL AMOUNT.—The amount of any line of

credit shall not exceed 50 percent of the purchase price

(including the value of any manufacturer credits, postpurchase options, or other discounts) of the aircraft, including spare parts.

‘‘(ii) 1–YEAR DRAWS.—The amount drawn in any

year shall not exceed 20 percent of the total amount of

the line of credit.

‘‘(C) DRAWS.—Any draw on the line of credit shall represent a direct loan.

‘‘(D) PERIOD OF AVAILABILITY.—The line of credit shall

be available not more than 5 years after the aircraft purchase date.

‘‘(E) RIGHTS OF THIRD-PARTY CREDITORS.— ‘‘(i) AGAINST UNITED STATES GOVERNMENT.—A

third-party creditor of the obligor shall not have any

right against the United States Government with respect to any draw on the line of credit.

‘‘(ii) ASSIGNMENT.—An obligor may assign the line

of credit to one or more lenders or to a trustee on the

lender’s behalf.

‘‘(F) SUBORDINATION.—A direct loan under this subsection may be subordinate to claims of other holders of obligations in the event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the Secretary.

‘‘(G) FEES.—The Secretary, subject to appropriations,

may establish fees at a level sufficient to cover all of a portion of the administrative costs to the United States Government of providing a line of credit under this subsection.

The proceeds of such fees shall be deposited in an account

to be used by the Secretary for the purpose of administering

the program established under this subchapter and shall be

available upon deposit until expended.

‘‘(3) REPAYMENT.—

‘‘(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each direct loan under this subsection.

‘‘(B) COMMENCEMENT.—Scheduled loan repayments of

principal or interest on a direct loan under this subsection

shall commence no later than 3 years after the date of the
42

first draw on the line of credit and shall be repaid, with

interest, not later than 18 years after the date of the first

draw.

‘‘(e) RISK ASSESSMENT.—Before entering into an agreement

under this section to make available a Federal credit instrument,

the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve

subsidy amount for the Federal credit instrument based on such

credit evaluations as the Secretary deems necessary.

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

only make a Federal credit instrument available under this section

if the Secretary finds that—

‘‘(1) the aircraft to be purchased with the Federal credit instrument is a regional jet aircraft needed to improve the service

and efficiency of operation of a commuter air carrier or new entrant air carrier;

‘‘(2) the commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier

to use the aircraft to provide service to underserved markets;

and

‘‘(3) the prospective earning power of the commuter air carrier or new entrant air carrier, together with the character and

value of the security pledged, including the collateral value of

the aircraft being acquired and any other assets or pledges used

to secure the Federal credit instrument, furnish—

‘‘(A) reasonable assurances of the air carrier’s ability

and intention to repay the Federal credit instrument within

the terms established by the Secretary—

‘‘(i) to continue its operations as an air carrier; and

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

be necessary, to continue its operations as an air carrier between the same route or routes being operated by

the air carrier at the time of the issuance of the Federal

credit instrument; and

‘‘(B) reasonable protection to the United States.

‘‘(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL CREDIT INSTRUMENTS.—The Secretary shall not allow the combined amount of

Federal credit instruments available for any aircraft purchase

under this section to exceed—

‘‘(1) 50 percent of the cost of the aircraft purchase; or

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

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

instrument may be made under this section for the purchase of any

regional jet aircraft that does not comply with the stage 3 noise levels of part 36 of title 14 of the Code of Federal Regulations, as in

effect on January 1, 1999.

‘‘(i) OTHER LIMITATIONS.—No Federal credit instrument shall

be made by the Secretary under this section for the purchase of a

regional jet aircraft unless the commuter air carrier or new entrant

air carrier enters into a legally binding agreement that requires the

carrier to provide scheduled passenger air transportation to the underserved market for which the aircraft is purchased for a period

of not less than 36 consecutive months after the date that aircraft

is placed in service.
43

‘‘§ 41764. Use of Federal facilities and assistance

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

Transportation to make use of such expert advice and services as the

Secretary may require in carrying out this subchapter, the Secretary

may use available services and facilities of other agencies and instrumentalities of the United States Government—

‘‘(1) with the consent of the appropriate Federal officials;

and

‘‘(2) on a reimbursable basis.

‘‘(b) ASSISTANCE.—The head of each appropriate department or

agency of the United States Government shall exercise the duties

and powers of that head in such manner as to assist in carrying out

the policy specified in section 41761.

‘‘(c) OVERSIGHT.—The Secretary shall make available to the

Comptroller General of the United States such information with respect to any Federal credit instrument made under this subchapter

as the Comptroller General may require to carry out the duties of

the Comptroller General under chapter 7 of title 31, United States

Code.

‘‘§ 41765. Administrative expenses

‘‘In carrying out this subchapter, the Secretary shall use funds

made available by appropriations to the Department of Transportation for the purpose of administration, in addition to the proceeds

of any fees collected under this subchapter, to cover administrative

expenses of the Federal credit instrument program under this subchapter.

‘‘§ 41766. Funding.

‘‘Of the amounts appropriated under section 106(k) for each of

fiscal years 2001 through 2003, such sums as may be necessary may

be used to carry out this subchapter, including administrative expenses.

‘‘§ 41767. Termination

‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRUMENTS.— The authority of the Secretary of Transportation to issue Federal

credit instruments under section 41763 shall terminate on the date

that is 5 years after the date of the enactment of this subchapter.

‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER PROGRAM

FOR EXISTING FEDERAL CREDIT INSTRUMENTS.—On and after the

termination date, the Secretary shall continue to administer the program established under this subchapter for Federal credit instruments issued under this subchapter before the termination date

until all obligations associated with such instruments have been

satisfied.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 417 is

amended by adding at the end the following:

‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

‘‘Sec.

‘‘41761. Purpose.

‘‘41762. Definitions.

‘‘41763. Federal credit instruments.

‘‘41764. Use of Federal facilities and assistance.
44

‘‘41765. Administrative expenses.

‘‘41766. Funding.

‘‘41767. Termination.’’.

Subtitle B—Airline Customer Service

SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

Section 41712 is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘On’’; and

(2) by adding at the end the following:

‘‘(b) E-TICKET EXPIRATION NOTICE.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air

carrier, or ticket agent utilizing electronically transmitted tickets for

air transportation to fail to notify the purchaser of such a ticket of

its expiration date, if any.’’.

SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION LAWS.

(a) IN GENERAL.—Section 46301(a) is amended by adding at

the end the following:

‘‘(7) CONSUMER PROTECTION.—Notwithstanding paragraphs

(1) and (4), the maximum civil penalty for violating section

40127 or 41712 (including a regulation prescribed or order

issued under such section) or any other regulation prescribed by

the Secretary that is intended to afford consumer protection to

commercial air transportation passengers, shall be $2,500 for

each violation.’’.

(b) TECHNICAL AMENDMENT.—Paragraph (6) of section 46301(a)

is amended—

(1) by inserting ‘‘AIR SERVICE TERMINATION NOTICE.—’’ before ‘‘Notwithstanding’’; and

(2) by aligning the left margin of such paragraph with

paragraph (5) of such section.

SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.

There are authorized to be appropriated to the Secretary for the

purpose of ensuring compliance with, and enforcing, the rights of

air travelers under sections 40127, 41705, and 41712 of title 49,

United States Code—

(1) $2,300,000 for fiscal year 2000;

(2) $2,415,000 for fiscal year 2001;

(3) $2,535,750 for fiscal year 2002; and

(4) $2,662,500 for fiscal year 2003.

SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.

(a) SECRETARY TO REPORT PLANS RECEIVED.—Not later than

September 15, 1999, each air carrier that provides scheduled passenger air transportation and that is a member of the Air Transport

Association, all of which have entered into the voluntary customer

service commitments established by the Association on June 17,

1999 (in this section referred to as the ‘‘Airline Customer Service

Commitment’’), shall provide a copy of its individual customer service plan to the Secretary. Upon receipt of each individual plan, the

Secretary shall transmit to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Transpor-
45

tation and Infrastructure of the House of Representatives notice of

receipt of the plan, together with a copy of the plan.

(b) IMPLEMENTATION.—The Inspector General of the Department of Transportation shall monitor the implementation of any

plan submitted by an air carrier to the Secretary under subsection

(a) and evaluate the extent to which the carrier has met its commitments under its plan. The carrier shall provide such information to

the Inspector General as may be necessary for the Inspector General

to prepare the report required by subsection (c).

(c) REPORTS TO CONGRESS.— (1) INTERIM REPORT.— (A) IN GENERAL.—Not later than June 15, 2000, the Inspector General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the

Committee on Transportation and Infrastructure of the

House of Representatives a report containing the Inspector

General’s findings under subsection (b).

(B) CONTENTS.—The report shall include a status report on completion, publication, and implementation of the

Airline Customer Service Commitment and the individual

air carrier’s plans to carry it out. The report shall also include a review of whether each air carrier described in subsection (a) has modified its contract of carriage or conditions of contract to reflect each item of the Airline Customer

Service Commitment.

(2) FINAL REPORT; RECOMMENDATIONS.— (A) IN GENERAL.—Not later than December 31, 2000,

the Inspector General shall transmit to the Committee on

Commerce, Science, and Transportation of the Senate and

the Committee on Transportation and Infrastructure of the

House of Representatives a final report on the effectiveness

of the Airline Customer Service Commitment and the individual air carrier plans to carry it out, including recommendations for improving accountability, enforcement,

and consumer protections afforded to commercial air passengers.

(B) SPECIFIC CONTENT.—In the final report under subparagraph (A), the Inspector General shall include the following:

(i) An evaluation of each carrier’s plan as to

whether it is consistent with the voluntary commitments established by the Air Transport Association in

the Airline Customer Service Commitment.

(ii) An evaluation of each carrier as to the extent

to which, and the manner in which, it has performed

in carrying out its plan.

(iii) A description, by air carrier, of how the air

carrier has implemented each commitment covered by

its plan.

(iv) An analysis, by air carrier, of the methods of

meeting each such commitment and, in such analysis,

provide information that allows consumers to make decisions on the quality of air transportation provided by

such carriers.
46

(v) A comparison of each air carrier’s plan and the

implementation of that plan with the customer service

provided by a representative sampling of other air carriers providing scheduled passenger air transportation

with aircraft similar in size to the aircraft used by the

carrier that submitted a plan so as to allow consumers

to make decisions as to the relative quality of air transportation provided by each group of carriers. In making this comparison, the Inspector General shall give

due regard to the differences in the fares charged and

the size of the air carriers being compared.

SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.

Not later than 30 days after the date of enactment of this Act,

the Secretary shall initiate a rulemaking to increase the domestic

baggage liability limit in part 254 of title 14, Code of Federal Regulations.

SEC. 226. COMPTROLLER GENERAL INVESTIGATION.

(a) STUDY.—The Comptroller General shall conduct a study on

the potential effects on aviation consumers, including the impact on

fares and service to small communities, of a requirement that air

carriers permit a ticketed passenger to use any portion of a multiple-stop or round-trip air fare for transportation independent of

any other portion without penalty.

(b) REPORT.—Not later than June 15, 2000, the Comptroller

General shall transmit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report on the

results of the study.

SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.

(a) MODIFICATION OF REPORTS.—In consultation with the task

force to be established under subsection (b), the Secretary shall modify the regulations in part 234 of title 14, Code of Federal Regulations, relating to airline service quality performance reports, to disclose more fully to the public the nature and source of delays and

cancellations experienced by air travelers.

(b) TASK FORCE.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a task force including officials of the Federal Aviation Administration and representatives of airline consumers and air carriers to develop alternatives

and criteria for the modifications to be made under subsection (a).

(c) USE OF CATEGORIES.—In making modifications under subsection (a), the Secretary shall—

(1) establish categories that reflect the reasons for delays

and cancellations experienced by air travelers;

(2) require air carriers to use such categories in submitting

information to be included in airline service quality performance reports; and

(3) use such categories in reports of the Department of

Transportation on information received in airline service quality performance reports.
47

SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE IN THE AIRLINE INDUSTRY.

(a) ESTABLISHMENT.—There is established a commission to be

known as the ‘‘National Commission to Ensure Consumer Information and Choice in the Airline Industry’’ (in this section referred to

as the ‘‘Commission’’).

(b) DUTIES.—

(1) STUDY.—The Commission shall undertake a study of—

(A) whether the financial condition of travel agents is

declining and, if so, the effect that this will have on consumers; and

(B) whether there are impediments to information regarding the services and products offered by the airline industry and, if so, the effects of those impediments on travel

agents, Internet-based distributors, and consumers.

(2) SMALL TRAVEL AGENTS.—In conducting the study, the

Commission shall pay special attention to the condition of travel agencies with $1,000,000 or less in annual revenues.

(c) RECOMMENDATIONS.—Based on the results of the study

under subsection (b), the Commission shall make such recommendations as it considers necessary to improve the condition of travel

agents, especially travel agents described in subsection (b)(2), and to

improve consumer access to travel information.

(d) MEMBERSHIP.—

(1) APPOINTMENT.—The Commission shall be composed of

9 members as follows:

(A) 3 members appointed by the Secretary.

(B) 2 members appointed by the Speaker of the House

of Representatives.

(C) 1 member appointed by the minority leader of the

House of Representatives.

(D) 2 members appointed by the majority leader of the

Senate.

(E) 1 member appointed by the minority leader of the

Senate.

(2) QUALIFICATIONS.—Of the members appointed by the

Secretary under paragraph (1)(A)—

(A) 1 member shall be a representative of the travel

agent industry;

(B) 1 member shall be a representative of the airline industry; and

(C) 1 member shall be an individual who is not a representative of either of the industries referred to in subparagraphs (A) and (B).

(3) TERMS.—Members shall be appointed for the life of the

Commission.

(4) VACANCIES.—A vacancy in the Commission shall be

filled in the manner in which the original appointment was

made.

(5) TRAVEL EXPENSES.—Members shall serve without pay

but shall receive travel expenses, including per diem in lieu of

subsistence, in accordance with subchapter I of chapter 57 of

title 5, United States Code.
48

(6) CHAIRPERSON.—The member appointed by the Secretary

of Transportation under paragraph (2)(C) shall serve as the

Chairperson of the Commission (referred to in this section as

the ‘‘Chairperson’’).

(e) COMMISSION PANELS.—The Chairperson shall establish such

panels consisting of members of the Commission as the Chairperson

determines appropriate to carry out the functions of the Commission.

(f) STAFF.—The Commission may appoint and fix the pay of

such personnel as it considers appropriate.

(g) STAFF OF FEDERAL AGENCIES.—Upon request of the Commission, the head of any department or agency of the United States

may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out

its duties under this section.

(h) OTHER STAFF AND SUPPORT.—Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and

administrative staff and other support, on a reimbursable basis, to

assist the Commission or panel in carrying out its responsibilities.

(i) OBTAINING OFFICIAL DATA.—The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United

States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section.

Upon request of the Commission, the head of that department or

agency shall furnish such nonconfidential information to the Commission.

(j) REPORT.—Not later than 6 months after the date on which

initial appointments of members to the Commission are completed,

the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (c).

(k) TERMINATION.—The Commission shall terminate on the

30th day following the date of transmittal of the report under subsection (j).

(l) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the Commission.

Subtitle C—Competition

SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

(a) RULES THAT APPLY TO ALL SLOT EXEMPTION REQUESTS.—

(1) PROMPT CONSIDERATION OF REQUESTS.—Section

41714(i) is amended to read as follows:

‘‘(i) 60-DAY APPLICATION PROCESS.—

‘‘(1) REQUEST FOR SLOT EXEMPTIONS.—Any slot exemption

request filed with the Secretary under this section or section

41716 or 41717 (other than subsection (c)) shall include—

‘‘(A) the names of the airports to be served;

‘‘(B) the times requested; and
49

‘‘(C) such additional information as the Secretary may

require.

‘‘(2) ACTION ON REQUEST; FAILURE TO ACT.—Within 60 days

after a slot exemption request under this section or section

41716 or 41717 (other than subsection (c)) is received by the

Secretary, the Secretary shall—

‘‘(A) approve the request if the Secretary determines

that the requirements of the section under which the request is made are met;

‘‘(B) return the request to the applicant for additional

information relating to the request to provide air transportation; or

‘‘(C) deny the request and state the reasons for its denial.

‘‘(3) 60-DAY PERIOD TOLLED FOR TIMELY REQUEST FOR MORE

INFORMATION.—If the Secretary returns under paragraph (2)(B)

the request for additional information during the first 20 days

after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional

information is filed with the Secretary.

‘‘(4) FAILURE TO DETERMINE DEEMED APPROVAL.—If the Secretary neither approves the request under paragraph (2)(A) nor

denies the request under paragraph (2)(C) within the 60-day period beginning on the date the request is received, excepting any

days during which the 60-day period is tolled under paragraph

(3), then the request is deemed to have been approved on the

61st day, after the request was filed with the Secretary.’’.

(2) EXEMPTIONS MAY NOT BE TRANSFERRED.—Section 41714

is further amended by adding at the end the following:

‘‘(j) EXEMPTIONS MAY NOT BE TRANSFERRED.—No exemption

from the requirements of subparts K and S of part 93 of title 14,

Code of Federal Regulations, granted under this section or section

41716, 41717, or 41718 may be bought, sold, leased, or otherwise

transferred by the carrier to which it is granted.’’.

(3) EQUAL TREATMENT OF AFFILIATED CARRIERS.—Section

41714 (as amended by paragraph (2) of this subsection) is further amended by adding at the end the following:

‘‘(k) AFFILIATED CARRIERS.—For purposes of this section and

sections 41716, 41717, and 41718, an air carrier that operates

under the same designator code, or has or enters into a code-share

agreement, with any other air carrier shall not qualify for a new

slot or slot exemption as a new entrant or limited incumbent air

carrier at an airport if the total number of slots and slot exemptions

held by the 2 carriers at the airport exceed 20 slots and slot exemptions.’’.

(4) NEW ENTRANT SLOTS.—Section 41714(c) is amended—

(A) by striking the subsection designation and heading

and ‘‘(1) IN GENERAL.—If the Secretary’’ and inserting the

following:

‘‘(c) SLOTS FOR NEW ENTRANTS.—If the Secretary’’;

(B) by striking ‘‘and the circumstances to be exceptional’’; and

(C) by striking paragraph (2).

(5) DEFINITIONS.—Section 41714(h) is amended—
50

(A) by striking ‘‘and section 41734(h)’’ and inserting

‘‘and sections 41715–41718 and 41734(h)’’;

(B) in paragraph (3) by striking ‘‘as defined’’ and all

that follows through ‘‘Federal Regulations’’; and

(C) by adding at the end the following:

‘‘(5) LIMITED INCUMBENT AIR CARRIER.—The term ‘limited

incumbent air carrier’ has the meaning given that term in subpart S of part 93 of title 14, Code of Federal Regulations; except

that—

‘‘(A) ‘20’ shall be substituted for ‘12’ in sections

93.213(a)(5), 93.223(c)(3), and 93.225(h);

‘‘(B) for purposes of such sections, the term ‘slot’ shall

include ‘slot exemptions’; and

‘‘(C) for Ronald Reagan Washington National Airport,

the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an air carrier but

leased out on a long-term basis by that carrier for use in

foreign air transportation and renounced by the carrier for

return to the Department of Transportation or the Federal

Aviation Administration.

‘‘(6) REGIONAL JET.—The term ‘regional jet’ means a passenger, turbofan-powered aircraft with a certificated maximum

passenger seating capacity of less than 71.

‘‘(7) NONHUB AIRPORT.—The term ‘nonhub airport’ means

an airport that had less than .05 percent of the total annual

boardings in the United States as determined under the Federal

Aviation Administration’s Primary Airport Enplanement Activity Summary for Calendar Year 1997.

‘‘(8) SMALL HUB AIRPORT.—The term ‘small hub airport’

means an airport that had at least .05 percent, but less than

.25 percent, of the total annual boardings in the United States

as determined under the summary referred to in paragraph (7).

‘‘(9) MEDIUM HUB AIRPORT.—The term ‘medium hub airport’ means an airport that each year has at least .25 percent,

but less than 1.0 percent, of the total annual boardings in the

United States as determined under the summary referred to in

paragraph (7).’’.

(b) PHASE-OUT OF SLOT RULES.—Chapter 417 is amended—

(1) by redesignating sections 41715 and 41716 as sections

41719 and 41720; and

(2) by inserting after section 41714 the following:

‘‘§ 41715. Phase-out of slot rules at certain airports

‘‘(a) TERMINATION.—The rules contained in subparts S and K

of part 93, title 14, Code of Federal Regulations, shall not apply—

‘‘(1) after July 1, 2002, at Chicago O’Hare International

Airport; and

‘‘(2) after January 1, 2007, at LaGuardia Airport or John

F. Kennedy International Airport.

‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this section and

sections 41714 and 41716–41718 shall be construed—

‘‘(1) as affecting the Federal Aviation Administration’s authority for safety and the movement of air traffic; and
51

‘‘(2) as affecting any other authority of the Secretary to

grant exemptions under section 41714.

‘‘(c) FACTORS TO CONSIDER.—

‘‘(1) IN GENERAL.—Before the award of slot exemptions

under sections 41714 and 41716–41718, the Secretary of Transportation may consider, among other determining factors,

whether the petitioning air carrier’s proposal provides the maximum benefit to the United States economy, including the number of United States jobs created by the air carrier, its suppliers, and related activities. The Secretary should give equal

consideration to the consumer benefits associated with the

award of such exemptions.

‘‘(2) APPLICABILITY.—Paragraph (1) does not apply in any

case in which the air carrier requesting the slot exemption is

proposing to use under the exemption a type of aircraft for

which there is not a competing United States manufacturer.’’.

(c) SPECIAL RULES AFFECTING LAGUARDIA AIRPORT AND JOHN

F. KENNEDY INTERNATIONAL AIRPORT.—Chapter 417 (as amended

by subsection (b) of this section) is amended by inserting after section 41715 the following:

‘‘§ 41716. Interim slot rules at New York airports

‘‘(a) EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB AIRPORTS.—Subject to section 41714(i), the Secretary of Transportation

shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations

(pertaining to slots at high density airports) to any air carrier to

provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between

LaGuardia Airport or John F. Kennedy International Airport and

a small hub airport or nonhub airport—

‘‘(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;

‘‘(2) if the number of flights to be provided between such

airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports

during the week of November 1, 1999; or

‘‘(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of

turboprop air transportation that was being provided during

the week of November 1, 1999.

‘‘(b) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT

AIR CARRIERS.—Subject to section 41714(i), the Secretary shall

grant, by order, exemptions from the requirements under subparts

K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation

to or from LaGuardia Airport or John F. Kennedy International

Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added

to the slots and slot exemptions held by such air carrier with respect

to such airport does not exceed 20.
52

‘‘(c) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be

granted under this section with respect to any aircraft that is not

a Stage 3 aircraft (as defined by the Secretary).

‘‘(d) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR

SERVICE.—An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International

Airport to a small hub airport or nonhub airport, or to an airport

that is smaller than a nonhub airport, on or before the date of enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or

where slots were issued to an air carrier conditioned on a specific

airport being served, may not terminate air transportation for that

route before July 1, 2003, unless—

‘‘(1) before October 1, 1999, the Secretary received a written

air service termination notice for that route; or

‘‘(2) after September 30, 1999, the air carrier submits an

air service termination notice under section 41719 for that route

and the Secretary determines that the carrier suffered excessive

losses, including substantial losses on operations on that route

during any 3 quarters of the year immediately preceding the

date of submission of the notice.’’.

(d) SPECIAL RULES AFFECTING CHICAGO O’HARE INTERNATIONAL AIRPORT.—

(1) NONSTOP REGIONAL JET, NEW ENTRANTS, AND LIMITED

INCUMBENTS.—Chapter 417 (as amended by subsection (c) of

this section) is further amended by inserting after section 41716

the following:

‘‘§ 41717. Interim application of slot rules at Chicago O’Hare

International Airport

‘‘(a) SLOT OPERATING WINDOW NARROWED.—Effective July 1,

2001, the requirements of subparts K and S of part 93 of title 14,

Code of Federal Regulations, do not apply with respect to aircraft

operating before 2:45 post meridiem and after 8:14 post meridiem

at Chicago O’Hare International Airport.

‘‘(b) EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB AIRPORTS.—Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the

requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any

air carrier to provide nonstop air transportation, using an aircraft

with a certificated maximum seating capacity of less than 71, between Chicago O’Hare International Airport and a small hub or

nonhub airport—

‘‘(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;

‘‘(2) if the number of flights to be provided between such

airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports

during the week of November 1, 1999; or

‘‘(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of
53

turboprop air transportation that was being provided during

the week of November 1, 1999.

‘‘(c) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT

AIR CARRIERS.—

‘‘(1) IN GENERAL.—The Secretary shall grant, by order, 30

exemptions from the requirements under subparts K and S of

part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air

transportation to or from Chicago O’Hare International Airport.

‘‘(2) DEADLINE FOR GRANTING EXEMPTIONS.—The Secretary

shall grant an exemption under paragraph (1) within 45 days

of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited

incumbent air carrier.

‘‘(d) SLOTS USED TO PROVIDE TURBOPROP SERVICE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a

slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection

(b)(3) may not be used, sold, leased, or otherwise transferred

after the date the slot exemption is granted to replace the turboprop air transportation.

‘‘(2) TWO-FOR-ONE EXCEPTION.—An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use

1 of such slots to provide air transportation.

‘‘(3) WITHDRAWAL OF SLOT.—If the Secretary determines

that an air carrier that is using a slot under paragraph (2) is

no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot

that is being used under paragraph (2).

‘‘(4) CONTINUATION.—If the Secretary determines that an

air carrier that is using a slot under paragraph (2) is no longer

providing the air transportation that replaced the turboprop air

transportation with a regional jet, the Secretary shall withdraw

the slot being used by the air carrier under paragraph (2) but

shall allow the air carrier to continue to hold the exemption

granted to the air carrier under subsection (b)(3).

‘‘(e) INTERNATIONAL SERVICE AT O’HARE AIRPORT.—

‘‘(1) TERMINATION OF REQUIREMENTS.—Subject to paragraph (2), the requirements of subparts K and S of part 93 of

title 14, Code of Federal Regulations, shall be of no force and

effect at Chicago O’Hare International Airport after May 1,

2000, with respect to any aircraft providing foreign air transportation.

‘‘(2) EXCEPTION RELATING TO RECIPROCITY.—The Secretary

may limit access to Chicago O’Hare International Airport with

respect to foreign air transportation being provided by a foreign

air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the

country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.

‘‘(f) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be

granted under this section with respect to any aircraft that is not

a Stage 3 aircraft (as defined by the Secretary).
54

‘‘(g) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR

SERVICE.—An air carrier that provides air transportation of passengers from Chicago O’Hare International Airport to a small hub

airport or nonhub airport, or to an airport that is smaller than a

nonhub airport, on or before the date of enactment of this subsection

pursuant to an exemption from the requirements of subparts K and

S of part 93 of title 14, Code of Federal Regulations (pertaining to

slots at high density airports), or where slots were issued to an air

carrier conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 1

year after the date on which those requirements cease to apply to

such airport unless—

‘‘(1) before October 1, 1999, the Secretary received a written

air service termination notice for that route; or

‘‘(2) after September 30, 1999, the air carrier submits an

air service termination notice under section 41719 for that route

and the Secretary determines that the carrier suffered excessive

losses, including substantial losses on operations on that route

during the calendar quarters immediately preceding submission

of the notice.’’.

(2) ELIMINATION OF BASIC ESSENTIAL AIR SERVICE EXEMP- TION LIMIT.—Section 41714(a)(3) is amended by striking ‘‘; except that’’ and all that follows through ‘‘132 slots’’.

(3) PROHIBITION OF SLOT WITHDRAWALS.—Section

41714(b)(2) is amended—

(A) by inserting ‘‘at Chicago O’Hare International Airport’’ after ‘‘a slot’’; and

(B) by striking ‘‘if the withdrawal’’ and all that follows

through ‘‘1993’’.

(4) CONVERSIONS.—Section 41714(b)(4) is amended to read

as follows:

‘‘(4) CONVERSIONS OF SLOTS.—Effective May 1, 2000, slots

at Chicago O’Hare International Airport allocated to an air carrier as of November 1, 1999, to provide foreign air transportation shall be made available to such carrier to provide interstate or intrastate air transportation.’’.

(5) RETURN OF WITHDRAWN SLOTS.—The Secretary shall return any slot withdrawn from an air carrier under section

41714(b) of title 49, United States Code, before the date of enactment of this Act, to that carrier on April 30, 2000.

(e) SPECIAL RULES AFFECTING REAGAN WASHINGTON NATIONAL

AIRPORT.—

(1) IN GENERAL.—Chapter 417 (as amended by subsection

(d) of this section) is further amended by inserting after section

41717 the following:

‘‘§ 41718. Special rules for Ronald Reagan Washington National Airport

‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Secretary shall

grant, by order, 12 exemptions from the application of sections

49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers

to operate limited frequencies and aircraft on select routes between

Ronald Reagan Washington National Airport and domestic hub airports and exemptions from the requirements of subparts K and S of
55

part 93, Code of Federal Regulations, if the Secretary finds that the

exemptions will—

‘‘(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;

‘‘(2) increase competition by new entrant air carriers or in

multiple markets;

‘‘(3) not reduce travel options for communities served by

small hub airports and medium hub airports within the perimeter described in section 49109; and

‘‘(4) not result in meaningfully increased travel delays.

‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The Secretary shall

grant, by order, 12 exemptions from the requirements of sections

49104(a)(5), 49111(e), and 41714 of this title and subparts K and

S of part 93 of title 14, Code of Federal Regulations, to air carriers

for providing air transportation to airports that were designated as

medium hub or smaller airports within the perimeter established

for civil aircraft operations at Ronald Reagan Washington National

Airport under section 49109. The Secretary shall develop criteria for

distributing slot exemptions for flights within the perimeter to such

airports under this paragraph in a manner that promotes air

transportation—

‘‘(1) by new entrant air carriers and limited incumbent air

carriers;

‘‘(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;

‘‘(3) to small communities;

‘‘(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or

‘‘(5) that will produce the maximum competitive benefits,

including low fares.

‘‘(c) LIMITATIONS.—

‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not

be granted under this section with respect to any aircraft that

is not a Stage 3 aircraft (as defined by the Secretary).

‘‘(2) GENERAL EXEMPTIONS.—The exemptions granted under

subsections (a) and (b) may not be for operations between the

hours of 10:00 p.m. and 7:00 a.m. and may not increase the

number of operations at Ronald Reagan Washington National

Airport in any 1-hour period during the hours between 7:00

a.m. and 9:59 p.m. by more than 2 operations.

‘‘(3) ALLOCATION OF WITHIN-PERIMETER EXEMPTIONS.—Of

the exemptions granted under subsection (b)—

‘‘(A) 4 shall be for air transportation to small hub airports and nonhub airports; and

‘‘(B) 8 shall be for air transportation to medium hub

and smaller airports.

‘‘(4) APPLICABILITY TO EXEMPTION 5133.—Nothing in this

section affects Exemption No. 5133, as from time-to-time

amended and extended.

‘‘(d) APPLICATION PROCESS.—

‘‘(1) DEADLINE FOR SUBMISSION.—All requests for exemptions under this section must be submitted to the Secretary not
56

later than the 30th day following the date of enactment of this

subsection.

‘‘(2) DEADLINE FOR COMMENTS.—All comments with respect

to any request for an exemption under this section must be submitted to the Secretary not later than the 45th day following the

date of enactment of this subsection.

‘‘(3) DEADLINE FOR FINAL DECISION.—Not later than the

90th day following the date of enactment of this Act, the Secretary shall make a decision regarding whether to approve or

deny any request that is submitted to the Secretary in accordance with paragraph (1).

‘‘(e) APPLICABILITY OF CERTAIN LAWS.—Neither the request for,

nor the granting of an exemption, under this section shall be considered for purposes of any Federal law a major Federal action significantly affecting the quality of the human environment.’’.

(2) OVERRIDE OF MWAA RESTRICTION.—Section 49104(a)(5)

is amended by adding at the end thereof the following:

‘‘(D) Subparagraph (C) does not apply to any increase in

the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under

section 41718.’’.

(3) MWAA NOISE-RELATED GRANT ASSURANCES.—

(A) IN GENERAL.—In addition to any condition for approval of an airport development project that is the subject

of a grant application submitted to the Secretary under

chapter 471 of title 49, United States Code, by the Metropolitan Washington Airports Authority, the Authority shall

be required to submit a written assurance that, for each

such grant made for use at Ronald Reagan Washington

National Airport for fiscal year 2000 or any subsequent fiscal year—

(i) the Authority will make available for that fiscal

year funds for noise compatibility planning and programs that are eligible to receive funding under such

chapter in an amount not less than 10 percent of the

amount apportioned to the Ronald Reagan Washington

National Airport under section 47114 of such title for

that fiscal year; and

(ii) the Authority will not divert funds from a high

priority safety project in order to make funds available

for noise compatibility planning and programs.

(B) WAIVER.—The Secretary may waive the requirements of subparagraph (A) for any fiscal year for which the

Secretary determines that the Authority is in compliance

with applicable airport noise compatibility planning and

program requirements under part 150 of title 14, Code of

Federal Regulations.

(C) SUNSET.—This paragraph shall cease to be in effect

5 years after the date of enactment of this Act if on that

date the Secretary certifies that the Authority has achieved

compliance with applicable noise compatibility planning

and program requirements under part 150 of title 14, Code

of Federal Regulations.
57

(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall certify to the Committee on

Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of

Representatives, the Governments of Maryland, Virginia, and

West Virginia, and the metropolitan planning organization for

Washington, DC, that noise standards, air traffic congestion,

airport-related vehicular congestion, safety standards, and adequate air service to communities served by small hub airports

and medium hub airports within the perimeter described in section 49109 of title 49, United States Code, have been maintained at appropriate levels.

(f) NOISE COMPATIBILITY PLANNING AND PROGRAMS.—Section

47117(e) is amended by adding at the end the following:

‘‘(3) PRIORITY.—The Secretary shall give priority in making

grants under paragraph (1)(A) to applications for airport noise

compatibility planning and programs at and around—

‘‘(A) Chicago O’Hare International Airport;

‘‘(B) LaGuardia Airport;

‘‘(C) John F. Kennedy International Airport; and

‘‘(D) Ronald Reagan Washington National Airport.’’.

(g) STUDY OF COMMUNITY NOISE LEVELS AROUND HIGH DEN- SITY AIRPORTS.—The Secretary shall study community noise levels

in the areas surrounding the 4 high-density airports in fiscal year

2001 and compare those levels with the levels in such areas before

1991.

(h) EXTENSION OF APPLICATION APPROVALS.—Section 49108 is

amended by striking ‘‘2001’’ and inserting ‘‘2004’’.

(i) ELIMINATION OF DEADLINE FOR APPOINTMENT OF MEMBERS

TO BOARD OF DIRECTORS.—Section 49106(c)(6) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as

subparagraph (C).

(j) CONFORMING AMENDMENTS.—

(1) OPERATION LIMITATIONS.—Section 49111 is amended by

striking subsection (e).

(2) CHAPTER ANALYSIS.—The analysis for subchapter I of

chapter 417 is amended—

(A) redesignating the items relating to sections 41715

and 41716 as items relating to sections 41719 and 41720,

respectively; and

(B) by inserting after the item relating to section 41714

the following:

‘‘41715. Phase-out of slot rules at certain airports.

‘‘41716. Interim slot rules at New York airports.

‘‘41717. Interim application of slot rules at Chicago O’Hare International Airport

‘‘41718. Special Rules for Ronald Reagan Washington National Airport.’’.

TITLE III—FAA MANAGEMENT REFORM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

Section 40102(a) is amended by adding at the end the following:

‘‘(42) ‘air traffic control system’ means the combination of

elements used to safely and efficiently monitor, direct, control,
58

and guide aircraft in the United States and United States-assigned airspace, including—

‘‘(A) allocated electromagnetic spectrum and physical,

real, personal, and intellectual property assets making up

facilities, equipment, and systems employed to detect, track,

and guide aircraft movement;

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

and licenses;

‘‘(C) published procedures that explain required actions, activities, and techniques used to ensure adequate

aircraft separation; and

‘‘(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management,

and planning requirements for air traffic control.’’.

SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.

(a) AVIATION MANAGEMENT ADVISORY COUNCIL.—

(1) MEMBERSHIP.—Section 106(p)(2) is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (B);

and

(B) by striking subparagraph (C) and inserting the following:

‘‘(C) 10 members representing aviation interests, appointed by—

‘‘(i) in the case of initial appointments to the Council, the President by and with the advice and consent

of the Senate; and

‘‘(ii) in the case of subsequent appointments to the

Council, the Secretary of Transportation;

‘‘(D) 1 member appointed, from among individuals who

are the leaders of their respective unions of air traffic control system employees, by—

‘‘(i) in the case of initial appointments to the Council, the President by and with the advice and consent

of the Senate; and

‘‘(ii) in the case of subsequent appointments to the

Council, the Secretary of Transportation; and

‘‘(E) 5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the

Senate.’’.

(2) QUALIFICATIONS.—Section 106(p)(3) is amended—

(A) by inserting ‘‘(A) NO FEDERAL OFFICER OR EMPLOYEE.—’’ before ‘‘No member’’;

(B) by inserting ‘‘or (2)(E)’’ after ‘‘paragraph (2)(C)’’;

(C) by adding at the end the following:

‘‘(B) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Members

appointed under paragraph (2)(E) shall—

‘‘(i) have a fiduciary responsibility to represent the

public interest;

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

‘‘(iii) be appointed without regard to political affiliation and solely on the basis of their professional expe-
59

rience and expertise in one or more of the following

areas:

‘‘(I) Management of large service organizations.

‘‘(II) Customer service.

‘‘(III) Management of large procurements.

‘‘(IV) Information and communications technology.

‘‘(V) Organizational development.

‘‘(VI) Labor relations.

At least one of such members should have a background in

managing large organizations successfully. In the aggregate, such members should collectively bring to bear expertise in all of the areas described in subclauses (I) through

(VI).

‘‘(C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE.—

No member appointed under paragraph (2)(E) may—

‘‘(i) have a pecuniary interest in, or own stock in

or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208

of title 18;

‘‘(ii) engage in another business related to aviation

or aeronautics; or

‘‘(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.’’; and

(D) by indenting subparagraph (A) (as designated by

subparagraph (A) of this paragraph) and aligning it with

subparagraph (B) of such section (as added by subparagraph (C) of this paragraph).

(b) TERMS OF MEMBERS.—Section 106(p)(6) is amended—

(1) by redesignating subparagraphs (B), (C), and (D) as

subparagraphs (J), (K), and (L), respectively; and

(2) by striking subparagraph (A) and inserting the following:

‘‘(A) TERMS OF MEMBERS APPOINTED UNDER PARAGRAPH

(2)(C).—Members of the Council appointed under paragraph

(2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under paragraph

(2)(C)—

‘‘(i) 3 shall be appointed for terms of 1 year;

‘‘(ii) 4 shall be appointed for terms of 2 years; and

‘‘(iii) 3 shall be appointed for terms of 3 years.

‘‘(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTATIVE.—The member appointed under paragraph (2)(D)

shall be appointed for a term of 3 years, except that the

term of such individual shall end whenever the individual

no longer meets the requirements of paragraph (2)(D).

‘‘(C) TERMS FOR AIR TRAFFIC SERVICES SUBCOMMITTEE

MEMBERS.—The member appointed under paragraph (2)(E)

shall be appointed for a term of 5 years, except that of the

members first appointed under paragraph (2)(E)—
60

‘‘(i) 2 members shall be appointed for a term of 3

years;

‘‘(ii) 2 members shall be appointed for a term of 4

years; and

‘‘(iii) 1 member shall be appointed for a term of 5

years.

‘‘(D) REAPPOINTMENT.—An individual may not be appointed under paragraph (2)(E) to more than 2 5-year

terms.

‘‘(E) VACANCY.—Any vacancy on the Council shall be

filled in the same manner as the original appointment, except that any vacancy caused by a member appointed by

the President under paragraph (2)(C)(i) shall be filled by

the Secretary in accordance with paragraph (2)(C)(ii). Any

member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor

was appointed shall be appointed for the remainder of that

term.

‘‘(F) CONTINUATION IN OFFICE.—A member whose term

expires shall continue to serve until the date on which the

member’s successor takes office.

‘‘(G) REMOVAL.—Any member of the Council appointed

under paragraph (2)(D) may be removed for cause by the

President or Secretary whoever makes the appointment.

Any member of the Council appointed under paragraph

(2)(E) may be removed for cause by the Secretary.

‘‘(H) CLAIMS AGAINST MEMBERS OF SUBCOMMITTEE.— ‘‘(i) IN GENERAL.—A member appointed under

paragraph (2)(E) shall have no personal liability under

Federal law with respect to any claim arising out of or

resulting from an act or omission by such member

within the scope of service as a member of the Air Traffic Services Subcommittee.

‘‘(ii) EFFECT ON OTHER LAW.—This subparagraph

shall not be construed—

‘‘(I) to affect any other immunity or protection

that may be available to a member of the Subcommittee under applicable law with respect to

such transactions;

‘‘(II) to affect any other right or remedy

against the United States under applicable law; or

‘‘(III) to limit or alter in any way the immunities that are available under applicable law for

Federal officers and employees.

‘‘(I) ETHICAL CONSIDERATIONS.—

‘‘(i) FINANCIAL DISCLOSURE.—During the entire period that an individual appointed under paragraph

(2)(E) is a member of the Subcommittee, such individual shall be treated as serving as an officer or employee referred to in section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act;

except that section 101(d) of such Act shall apply without regard to the number of days of service in the position.
61

‘‘(ii) RESTRICTIONS ON POST-EMPLOYMENT.—For

purposes of section 207(c) of title 18, an individual appointed under paragraph (2)(E) shall be treated as an

employee referred to in section 207(c)(2)(A)(i) of such

title during the entire period the individual is a member of the Subcommittee; except that subsections

(c)(2)(B) and (f) of section 207 of such title shall not

apply.’’.

(c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section 106(p) is

amended by adding at the end the following:

‘‘(7) AIR TRAFFIC SERVICES SUBCOMMITTEE.— ‘‘(A) IN GENERAL.—The Management Advisory Council

shall have an air traffic services subcommittee (in this

paragraph referred to as the ‘Subcommittee’) composed of

the 5 members appointed under paragraph (2)(E).

‘‘(B) GENERAL RESPONSIBILITIES.— ‘‘(i) OVERSIGHT.—The Subcommittee shall oversee

the administration, management, conduct, direction,

and supervision of the air traffic control system.

‘‘(ii) CONFIDENTIALITY.—The Subcommittee shall

ensure that appropriate confidentiality is maintained

in the exercise of its duties.

‘‘(C) SPECIFIC RESPONSIBILITIES.—The Subcommittee

shall have the following specific responsibilities:

‘‘(i) STRATEGIC PLANS.—To review, approve, and

monitor the strategic plan for the air traffic control system, including the establishment of—

‘‘(I) a mission and objectives;

‘‘(II) standards of performance relative to such

mission and objectives, including safety, efficiency,

and productivity; and

‘‘(III) annual and long-range strategic plans.

‘‘(ii) MODERNIZATION AND IMPROVEMENT.—To review and approve—

‘‘(I) methods to accelerate air traffic control

modernization and improvements in aviation safety related to air traffic control; and

‘‘(II) procurements of air traffic control equipment in excess of $100,000,000.

‘‘(iii) OPERATIONAL PLANS.—To review the operational functions of the air traffic control system,

including—

‘‘(I) plans for modernization of the air traffic

control system;

‘‘(II) plans for increasing productivity or implementing cost-saving measures; and

‘‘(III) plans for training and education.

‘‘(iv) MANAGEMENT.—To—

‘‘(I) review and approve the Administrator’s

appointment of a Chief Operating Officer under

section 106(r);

‘‘(II) review the Administrator’s selection, evaluation, and compensation of senior executives of

the Administration who have program manage-
62

ment responsibility over significant functions of the

air traffic control system;

‘‘(III) review and approve the Administrator’s

plans for any major reorganization of the Administration that would impact on the management of

the air traffic control system;

‘‘(IV) review and approve the Administrator’s

cost accounting and financial management structure and technologies to help ensure efficient and

cost-effective air traffic control operation; and

‘‘(V) review the performance and compensation

of managers responsible for major acquisition

projects, including the ability of the managers to

meet schedule and budget targets.

‘‘(v) BUDGET.—To—

‘‘(I) review and approve the budget request of

the Administration related to the air traffic control

system prepared by the Administrator;

‘‘(II) submit such budget request to the Secretary; and

‘‘(III) ensure that the budget request supports

the annual and long-range strategic plans.

The Secretary shall submit the budget request referred to in

clause (v)(II) for any fiscal year to the President who shall

transmit such request, without revision, to the Committees

on Transportation and Infrastructure and Appropriations

of the House of Representatives and the Committees on

Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual

budget request for the Federal Aviation Administration for

such fiscal year.

‘‘(D) SUBCOMMITTEE PERSONNEL MATTERS.— ‘‘(i) COMPENSATION OF MEMBERS.—Each member

of the Subcommittee shall be compensated at a rate of

$25,000 per year.

‘‘(ii) COMPENSATION OF CHAIRPERSON.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000

per year.

‘‘(iii) STAFF.—The chairperson of the Subcommittee

may appoint and terminate any personnel that may be

necessary to enable the Subcommittee to perform its

duties.

‘‘(iv) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairperson of the Subcommittee

may procure temporary and intermittent services under

section 3109(b) of title 5.

‘‘(E) ADMINISTRATIVE MATTERS.—

‘‘(i) TERM OF CHAIR.—The members of the Subcommittee shall elect for a 2-year term a chairperson

from among the members of the Subcommittee.

‘‘(ii) POWERS OF CHAIR.—Except as otherwise provided by a majority vote of the Subcommittee, the powers of the chairperson shall include—
63

‘‘(I) establishing committees;

‘‘(II) setting meeting places and times;

‘‘(III) establishing meeting agendas; and

‘‘(IV) developing rules for the conduct of business.

‘‘(iii) MEETINGS.—The Subcommittee shall meet at

least quarterly and at such other times as the chairperson determines appropriate.

‘‘(iv) QUORUM.—Three members of the Subcommittee shall constitute a quorum. A majority of

members present and voting shall be required for the

Subcommittee to take action.

‘‘(F) REPORTS.— ‘‘(i) ANNUAL.—The Subcommittee shall each year

report with respect to the conduct of its responsibilities

under this title to the Administrator, the Council, the

Committee on Transportation and Infrastructure of the

House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

‘‘(ii) ADDITIONAL REPORT.—If a determination by

the Subcommittee under subparagraph (B)(i) that the

organization and operation of the air traffic control

system are not allowing the Administration to carry

out its mission, the Subcommittee shall report such determination to the Administrator, the Council, the

Committee on Transportation and Infrastructure of the

House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

‘‘(iii) ACTION OF ADMINISTRATOR ON REPORT.—Not

later than 60 days after the date of a report of the Subcommittee under this subparagraph, the Administrator

shall take action with respect to such report. If the Administrator overturns a recommendation of the Subcommittee, the Administrator shall report such action

to the President, the Committee on Transportation and

Infrastructure of the House of Representatives, and the

Committee on Commerce, Science, and Transportation

of the Senate.

‘‘(iv) COMPTROLLER GENERAL’S REPORT.—Not later

than April 30, 2003, the Comptroller General of the

United States shall transmit to the Committee on

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate a report on the success of the Subcommittee in improving the performance

of the air traffic control system.

‘‘(8) AIR TRAFFIC CONTROL SYSTEM DEFINED.—In this section, the term ‘air traffic control system’ has the meaning such

term has under section 40102(a).’’.

(d) EFFECTIVE DATES.—

(1) IN GENERAL.—The amendments made by this section

shall take effect on the date of enactment of this Act.

(2) INITIAL NOMINATIONS TO AIR TRAFFIC SERVICES SUBCOMMITTEE.—The Secretary shall make the initial appoint-
64

ments of the Air Traffic Services Subcommittee of the Aviation

Management Advisory Council not later than 3 months after

the date of enactment of this Act.

(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUB- COMMITTEE.—Nothing in this section shall be construed to invalidate the actions and authority of the Federal Aviation Administration prior to the appointment of the members of the Air

Traffic Services Subcommittee.

SEC. 303. CHIEF OPERATING OFFICER.

Section 106 is amended by adding at the end the following:

‘‘(r) CHIEF OPERATING OFFICER.— ‘‘(1) IN GENERAL.— ‘‘(A) APPOINTMENT.—There shall be a Chief Operating

Officer for the air traffic control system to be appointed by

the Administrator, with the approval of the Air Traffic

Services Subcommittee of the Aviation Management Advisory Council. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.

‘‘(B) QUALIFICATIONS.—The Chief Operating Officer

shall have a demonstrated ability in management and

knowledge of or experience in aviation.

‘‘(C) TERM.—The Chief Operating Officer shall be appointed for a term of 5 years.

‘‘(D) REMOVAL.—The Chief Operating Officer shall

serve at the pleasure of the Administrator, except that the

Administrator shall make every effort to ensure stability

and continuity in the leadership of the air traffic control

system.

‘‘(E) VACANCY.—Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring

before the expiration of the term for which the individual’s

predecessor was appointed shall be appointed for the remainder of that term.

‘‘(2) COMPENSATION.— ‘‘(A) IN GENERAL.—The Chief Operating Officer shall be

paid at an annual rate of basic pay equal to the annual

rate of basic pay of the Administrator. The Chief Operating

Officer shall be subject to the post-employment provisions of

section 207 of title 18 as if this position were described in

section 207(c)(2)(A)(i) of that title.

‘‘(B) BONUS.—In addition to the annual rate of basic

pay authorized by subparagraph (A), the Chief Operating

Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon

the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set

forth in the performance agreement described paragraph

(3).

‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The Administrator and the Chief Operating Officer, in consultation with the

Air Traffic Control Subcommittee of the Aviation Management

Advisory Committee, shall enter into an annual performance

agreement that sets forth measurable organization and indi-
65

vidual goals for the Chief Operating Officer in key operational

areas. The agreement shall be subject to review and renegotiation on an annual basis.

‘‘(4) ANNUAL PERFORMANCE REPORT.—The Chief Operating

Officer shall prepare and transmit to the Secretary of Transportation and Congress an annual management report containing

such information as may be prescribed by the Secretary.

‘‘(5) RESPONSIBILITIES.—The Administrator may delegate to

the Chief Operating Officer, or any other authority within the

Administration responsibilities, including the following:

‘‘(A) STRATEGIC PLANS.—To develop a strategic plan of

the Administration for the air traffic control system, including the establishment of—

‘‘(i) a mission and objectives;

‘‘(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and

productivity; and

‘‘(iii) annual and long-range strategic plans.

‘‘(iv) methods of the Administration to accelerate

air traffic control modernization and improvements in

aviation safety related to air traffic control.

‘‘(B) OPERATIONS.—To review the operational functions

of the Administration, including—

‘‘(i) modernization of the air traffic control system;

‘‘(ii) increasing productivity or implementing costsaving measures; and

‘‘(iii) training and education.

‘‘(C) BUDGET.—To—

‘‘(i) develop a budget request of the Administration

related to the air traffic control system prepared by the

Administrator;

‘‘(ii) submit such budget request to the Administrator and the Secretary of Transportation; and

‘‘(iii) ensure that the budget request supports the

annual and long-range strategic plans developed under

subparagraph (A) of this subsection.’’.

SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC

MODERNIZATION PROJECTS.

(a) PURPOSE.—It is the purpose of this section to improve aviation safety and enhance mobility of the Nation’s air transportation

system by encouraging non-Federal investment on a pilot program

basis in critical air traffic control facilities and equipment.

(b) IN GENERAL.—Subject to the requirements of this section,

the Secretary shall carry out a pilot program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects.

(c) FEDERAL SHARE.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall

be provided from non-Federal sources, including revenues collected

pursuant to section 40117 of title 49, United States Code.

(d) LIMITATION ON GRANT AMOUNTS.—No eligible project may

receive more than $15,000,000 under the program.
66

(e) FUNDING.—The Secretary shall use amounts appropriated

under section 48101(a) of title 49, United States Code, for fiscal

years 2001 through 2003 to carry out the program.

(f) DEFINITIONS.—In this section, the following definitions

apply:

(1) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means a

project relating to the Nation’s air traffic control system that is

certified or approved by the Administrator and that promotes

safety, efficiency, or mobility. Such projects may include—

(A) airport-specific air traffic facilities and equipment,

including local area augmentation systems, instrument

landings systems, weather and wind shear detection equipment, lighting improvements, and control towers;

(B) automation tools to effect improvements in airport

capacity, including passive final approach spacing tools

and traffic management advisory equipment; and

(C) facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar

control facilities and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking.

(2) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means

a public-use airport or a joint venture between a public-use airport and 1 or more air carriers.

(g) TRANSFERS OF EQUIPMENT.—Notwithstanding any other

provision of law, project sponsors may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment,

and automation tools, the purchase of which was assisted by a

grant made under this section. The Administration shall accept

such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by the Administration in accordance with criteria of the Administration.

(h) GUIDELINES.—Not later than 90 days after the date of enactment of this Act, the Administrator shall issue advisory guidelines

on the implementation of the program.

SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

Section 106(f)(3)(B)(i) is amended—

(1) by striking ‘‘$100,000,000’’ each place it appears and inserting ‘‘$250,000,000’’;

(2) by striking ‘‘Air Traffic Management System Performance Improvement Act of 1996’’ and inserting ‘‘Wendell H. Ford

Aviation Investment and Reform Act for the 21st Century’’;

(3) in subclause (I)—

(A) by inserting ‘‘substantial and’’ before ‘‘material’’;

and

(B) by inserting ‘‘or’’ after the semicolon at the end; and

(4) by striking subclauses (II), (III), and (IV) and inserting

the following:

‘‘(II) raise novel or significant legal or policy issues

arising out of legal mandates that may substantially

and materially affect other transportation modes.’’.

SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.

Section 106(f)(3)(A) is amended by adding at the end the following: ‘‘On February 1 and August 1 of each year the Adminis-
67

trator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate a letter listing

each deadline the Administrator missed under this subparagraph

during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the

action that was subject to the deadline will be taken.’’.

SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

(a) PERSONNEL MANAGEMENT SYSTEM.—Section 40122 is

amended by adding at the end the following:

‘‘(g) PERSONNEL MANAGEMENT SYSTEM.— ‘‘(1) IN GENERAL.—In consultation with the employees of the

Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel

laws, the Administrator shall develop and implement, not later

than January 1, 1996, a personnel management system for the

Administration that addresses the unique demands on the

agency’s workforce. Such a new system shall, at a minimum,

provide for greater flexibility in the hiring, training, compensation, and location of personnel.

‘‘(2) APPLICABILITY OF TITLE 5.—The provisions of title 5

shall not apply to the new personnel management system developed and implemented pursuant to paragraph (1), with the exception of—

‘‘(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;

‘‘(B) sections 3308–3320, relating to veterans’ preference;

‘‘(C) chapter 71, relating to labor-management relations;

‘‘(D) section 7204, relating to antidiscrimination;

‘‘(E) chapter 73, relating to suitability, security, and

conduct;

‘‘(F) chapter 81, relating to compensation for work injury;

‘‘(G) chapters 83–85, 87, and 89, relating to retirement,

unemployment compensation, and insurance coverage; and

‘‘(H) sections 1204, 1211–1218, 1221, and 7701–7703,

relating to the Merit Systems Protection Board.

‘‘(3) APPEALS TO MERIT SYSTEMS PROTECTION BOARD.—

Under the new personnel management system developed and

implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection

Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of

March 31, 1996.

‘‘(4) EFFECTIVE DATE.—This subsection shall take effect on

April 1, 1996.’’.

(b) ACQUISITION MANAGEMENT SYSTEM.—Section 40110 is

amended by adding at the end the following:

‘‘(d) ACQUISITION MANAGEMENT SYSTEM.—
68

‘‘(1) IN GENERAL.—In consultation with such non-governmental experts in acquisition management systems as the Administrator may employ, and notwithstanding provisions of

Federal acquisition law, the Administrator shall develop and

implement, not later than January 1, 1996, an acquisition

management system for the Administration that addresses the

unique needs of the agency and, at a minimum, provides for

more timely and cost-effective acquisitions of equipment and

materials.

‘‘(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The following provisions of Federal acquisition law shall not apply to

the new acquisition management system developed and implemented pursuant to paragraph (1):

‘‘(A) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266).

‘‘(B) The Office of Federal Procurement Policy Act (41

U.S.C. 401 et seq.).

‘‘(C) The Federal Acquisition Streamlining Act of 1994

(Public Law 103–355).

‘‘(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and

small business concerns owned and controlled by socially

and economically disadvantaged individuals.

‘‘(E) The Competition in Contracting Act.

‘‘(F) Subchapter V of chapter 35 of title 31, relating to

the procurement protest system.

‘‘(G) The Brooks Automatic Data Processing Act (40

U.S.C. 759).

‘‘(H) The Federal Acquisition Regulation and any laws

not listed in subparagraphs (A) through (G) providing authority to promulgate regulations in the Federal Acquisition

Regulation.

‘‘(3) CERTAIN PROVISIONS OF THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Notwithstanding paragraph (2)(B),

section 27 of the Office of Federal Procurement Policy Act (41

U.S.C. 423) shall apply to the new acquisition management system developed and implemented under paragraph (1) with the

following modifications:

‘‘(A) Subsections (f) and (g) shall not apply.

‘‘(B) Within 90 days after the date of enactment of the

Wendell H. Ford Aviation Investment and Reform Act for

the 21st Century, the Administrator shall adopt definitions

for the acquisition management system that are consistent

with the purpose and intent of the Office of Federal Procurement Policy Act.

‘‘(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under the

Office of Federal Procurement Policy Act apply to the acquisition management system.

‘‘(D) In the administration of the acquisition management system, the Administrator may take adverse personnel

action under section 27(e)(3)(A)(iv) of the Office of Federal

Procurement Policy Act in accordance with the procedures
69

contained in the Administration’s personnel management

system.

‘‘(4) EFFECTIVE DATE.—This subsection shall take effect on

April 1, 1996.’’.

(c) CONFORMING AMENDMENTS.—

(1) SECTION 106.—Section 106(l)(1) is amended by striking

‘‘section 40122(a) of this title and section 347 of Public Law

104–50’’ and inserting ‘‘subsections (a) and (g) of section

40122’’.

(2) SECTION 40121.—Section 40121(c)(2) is amended by

striking ‘‘section 348(b) of Public Law 104–50’’ and inserting

‘‘section 40110(d)(2) of this title’’.

(3) FEDERAL AVIATION REAUTHORIZATION ACT OF 1996.—Section 274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization

Act of 1996 (49 U.S.C. 40101 note) is amended by striking ‘‘sections 347 and 348 of Public Law 104–50’’ and inserting ‘‘sections 40110(d) and 40122(g) of title 49, United States Code’’.

(d) REPEAL.—Sections 347 and 348 of Public Law 104–50 (109

Stat. 460–461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed.

SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

(a) MEDIATION.—Section 40122(a)(2) is amended by adding at

the end the following: ‘‘The 60-day period shall not include any period during which Congress has adjourned sine die.’’.

(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—Section

40122 (as amended by section 307(a) of this Act) is further amended

by adding at the end the following:

‘‘(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—An

employee of the Federal Aviation Administration who is the subject

of a major adverse personnel action may contest the action either

through any contractual grievance procedure that is applicable to

the employee as a member of the collective bargaining unit or

through the Administration’s internal process relating to review of

major adverse personnel actions of the Administration, known as

Guaranteed Fair Treatment, or under section 40122(g)(3).

‘‘(i) ELECTION OF FORUM.—Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal

Aviation Administration’s internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through

which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than

one forum unless otherwise allowed by law.

‘‘(j) DEFINITION.—In this section, the term ‘major adverse personnel action’ means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.’’.

SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

(a) INDEPENDENT ASSESSMENT.—
70

(1) IN GENERAL.—The Inspector General of the Department

of Transportation shall conduct the assessments described in

this section. To conduct the assessments, the Inspector General

may use the staff and resources of the Inspector General or contract with one or more independent entities.

(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA COST

DATA AND ATTRIBUTIONS.— (A) IN GENERAL.—The Inspector General shall conduct

an assessment to ensure that the method for calculating the

overall costs of the Federal Aviation Administration and attributing such costs to specific users is appropriate, reasonable, and understandable to the users.

(B) COMPONENTS.—In conducting the assessment

under this paragraph, the Inspector General shall assess

the following:

(i) The Administration’s cost input data, including

the reliability of the Administration’s source documents

and the integrity and reliability of the Administration’s

data collection process.

(ii) The Administration’s system for tracking assets.

(iii) The Administration’s bases for establishing

asset values and depreciation rates.

(iv) The Administration’s system of internal controls for ensuring the consistency and reliability of reported data.

(v) The Administration’s definition of the services

to which the Administration ultimately attributes its

costs.

(vi) The cost pools used by the Administration and

the rationale for and reliability of the bases which the

Administration proposes to use in allocating costs of

services to users.

(C) REQUIREMENTS FOR ASSESSMENT OF COST POOLS.—

In carrying out subparagraph (B)(vi), the Inspector General

shall—

(i) review costs that cannot reliably be attributed to

specific Administration services or activities (called

‘‘common and fixed costs’’ in the Administration Cost

Allocation Study) and consider alternative methods for

allocating such costs; and

(ii) perform appropriate tests to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed by

the Administration.

(3) COST EFFECTIVENESS.—

(A) IN GENERAL.—The Inspector General shall assess

the progress of the Administration in cost and performance

management, including use of internal and external

benchmarking in improving the performance and productivity of the Administration.

(B) ANNUAL REPORTS.—Not later than December 31,

2000, and annually thereafter until December 31, 2004, the

Inspector General shall transmit to Congress an updated
71

report containing the results of the assessment conducted

under this paragraph.

(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL

REPORT.—The Administrator shall include in the annual financial report of the Administration information on the

performance of the Administration sufficient to permit

users and others to make an informed evaluation of the

progress of the Administration in increasing productivity.

(b) FUNDING.—There are authorized to be appropriated such

sums as may be necessary to carry out this section.

SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT

PROJECTS.

(a) STUDY.—The Secretary shall conduct a study of Federal environmental requirements related to the planning and approval of

airport improvement projects.

(b) CONTENTS.—In conducting the study, the Secretary, at a

minimum, shall assess—

(1) the current level of coordination among Federal and

State agencies in conducting environmental reviews in the planning and approval of airport improvement projects;

(2) the role of public involvement in the planning and approval of airport improvement projects;

(3) the staffing and other resources associated with conducting such environmental reviews; and

(4) the time line for conducting such environmental reviews.

(c) CONSULTATION.—The Secretary shall conduct the study in

consultation with the Administrator, the heads of other appropriate

Federal departments and agencies, airport sponsors, the heads of

State aviation agencies, representatives of the design and construction industry, representatives of employee organizations, and representatives of public interest groups.

(d) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate

a report on the results of the study, together with recommendations

for streamlining, if appropriate, the environmental review process in

the planning and approval of airport improvement projects.

SEC. 311. COST ALLOCATION SYSTEM.

(a) REPORT.—Not later than July 9, 2000, the Administrator

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives a report on the cost

allocation system currently under development by the Federal Aviation Administration.

(b) CONTENTS.—The report shall include a specific date for

completion and implementation of the cost allocation system

throughout the Administration and shall also include the timetable

and plan for the implementation of a cost management system.

SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

The Administrator shall report to Congress on plans to modernize the oceanic air traffic control system, including a budget for
72

the program, a determination of the requirements for modernization, and, if necessary, a proposal to fund the program.

TITLE IV—FAMILY ASSISTANCE

SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY

BOARD.

(a) PROHIBITION ON UNSOLICITED COMMUNICATIONS.—

(1) IN GENERAL.—Section 1136(g)(2) is amended—

(A) by striking ‘‘transportation,’’ and inserting ‘‘transportation and in the event of an accident involving a foreign air carrier that occurs within the United States,’’;

(B) by inserting after ‘‘attorney’’ the following: ‘‘(including any associate, agent, employee, or other representative

of an attorney)’’; and

(C) by striking ‘‘30th day’’ and inserting ‘‘45th day’’.

(2) ENFORCEMENT.—Section 1151 is amended by inserting

‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each place it appears.

(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH

AND COUNSELING SERVICES.—Section 1136(g) is amended by adding at the end the following:

‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH

AND COUNSELING SERVICES.—No State or political subdivision

thereof may prevent the employees, agents, or volunteers of an

organization designated for an accident under subsection (a)(2)

from providing mental health and counseling services under

subsection (c)(1) in the 30-day period beginning on the date of

the accident. The director of family support services designated

for the accident under subsection (a)(1) may extend such period

for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the

families and if State and local authorities are notified of the determination.’’.

(c) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is amended to read as follows:

‘‘(2) PASSENGER.—The term ‘passenger’ includes—

‘‘(A) an employee of an air carrier or foreign air carrier

aboard an aircraft; and

‘‘(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight.’’.

(d) STATUTORY CONSTRUCTION.—Section 1136 is amended by

adding at the end the following:

‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this section may

be construed as limiting the actions that an air carrier may take,

or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.’’.

SEC. 402. AIR CARRIER PLANS.

(a) CONTENTS OF PLANS.—

(1) FLIGHT RESERVATION INFORMATION.—Section 41113(b)

is amended by adding at the end the following:

‘‘(14) An assurance that, upon request of the family of a

passenger, the air carrier will inform the family of whether the
73

passenger’s name appeared on a preliminary passenger manifest for the flight involved in the accident.’’.

(2) TRAINING OF EMPLOYEES AND AGENTS.—Section

41113(b) is further amended by adding at the end the following:

‘‘(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to

meet the needs of survivors and family members following an

accident.’’.

(3) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY

PLAN.—Section 41113(b) is further amended by adding at the

end the following:

‘‘(16) An assurance that the air carrier, in the event that the

air carrier volunteers assistance to United States citizens within

the United States with respect to an aircraft accident outside

the United States involving major loss of life, the air carrier

will consult with the Board and the Department of State on the

provision of the assistance.’’.

(4) SUBMISSION OF UPDATED PLANS.—The amendments

made by paragraphs (1), (2), and (3) shall take effect on the

180th day following the date of enactment of this Act. On or before such 180th day, each air carrier holding a certificate of

public convenience and necessity under section 41102 of title 49,

United States Code, shall submit to the Secretary and the

Chairman of the National Transportation Safety Board an updated plan under section 41113 of such title that meets the requirements of the amendments made by paragraphs (1), (2),

and (3).

(5) CONFORMING AMENDMENTS.—Section 41113 is

amended—

(A) in subsection (a) by striking ‘‘Not later than 6

months after the date of enactment of this section, each air

carrier’’ and inserting ‘‘Each air carrier’’; and

(B) in subsection (c) by striking ‘‘After the date that is

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

Secretary’’ and inserting ‘‘The Secretary’’.

(b) LIMITATION ON LIABILITY.—Section 41113(d) is amended by

inserting ‘‘, or in providing information concerning a preliminary

passenger manifest,’’ before ‘‘pursuant to a plan’’.

(c) STATUTORY CONSTRUCTION.—Section 41113 is amended by

adding at the end the following:

‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this section may

be construed as limiting the actions that an air carrier may take,

or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.’’.

SEC. 403. FOREIGN AIR CARRIER PLANS.

(a) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is amended to read as follows:

‘‘(2) PASSENGER.—The term ‘passenger’ has the meaning

given such term by section 1136.’’.

(b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—Section

41313(b) is amended by striking ‘‘significant’’ and inserting ‘‘major’’.

(c) CONTENTS OF PLANS.—
74

(1) IN GENERAL.—Section 41313(c) is amended by adding at

the end the following:

‘‘(15) TRAINING OF EMPLOYEES AND AGENTS.—An assurance

that the foreign air carrier will provide adequate training to the

employees and agents of the carrier to meet the needs of survivors and family members following an accident.

‘‘(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED

BY PLAN.—An assurance that the foreign air carrier, in the

event that the foreign air carrier volunteers assistance to United

States citizens within the United States with respect to an aircraft accident outside the United States involving major loss of

life, the foreign air carrier will consult with the Board and the

Department of State on the provision of the assistance.’’.

(2) SUBMISSION OF UPDATED PLANS.—The amendment

made by paragraph (1) shall take effect on the 180th day following the date of enactment of this Act. On or before such

180th day, each foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code,

shall submit to the Secretary and the Chairman of the National

Transportation Safety Board an updated plan under section

41313 of such title that meets the requirements of the amendment made by paragraph (1).

SEC. 404. DEATH ON THE HIGH SEAS.

(a) RIGHT OF ACTION IN COMMERCIAL AVIATION ACCIDENTS.—

The first section of the Act of March 30, 1920 (46 U.S.C. App. 761;

popularly known as the ‘‘Death on the High Seas Act’’) is

amended—

(1) by inserting ‘‘(a) subject to subsection (b),’’ before ‘‘whenever’’; and

(2) by adding at the end the following:

‘‘(b) In the case of a commercial aviation accident, whenever the

death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas 12 nautical miles or closer to the

shore of any State, or the District of Columbia, or the Territories or

dependencies of the United States, this Act shall not apply and the

rules applicable under Federal, State, and other appropriate law

shall apply.’’.

(b) COMPENSATION IN COMMERCIAL AVIATION ACCIDENTS.—Section 2 of such Act (46 U.S.C. App. 762) is amended—

(1) by inserting ‘‘(a)’’ before ‘‘the recovery’’; and

(2) by adding at the end the following:

‘‘(b)(1) If the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the

shore of any State, or the District of Columbia, or the Territories or

dependencies of the United States, additional compensation for nonpecuniary damages for wrongful death of a decedent is recoverable.

Punitive damages are not recoverable.

‘‘(2) In this subsection, the term ‘nonpecuniary damages’ means

damages for loss of care, comfort, and companionship.’’.

(c) EFFECTIVE DATE.—The amendments made by subsections (a)

and (b) shall apply to any death occurring after July 16, 1996.
75

TITLE V—SAFETY

SEC. 501. AIRPLANE EMERGENCY LOCATORS.

(a) REQUIREMENT.—Section 44712 is amended—

(1) in subsection (b) by striking ‘‘Subsection (a) of this section’’ and inserting ‘‘Prior to January 1, 2002, subsection (a)’’;

(2) by redesignating subsection (c) as subsection (e); and

(3) by inserting after subsection (b) the following:

‘‘(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2002.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), on and after

January 1, 2002, subsection (a) does not apply to—

‘‘(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary

of Transportation under subpart II of this part;

‘‘(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from

which the training operations begin;

‘‘(C) aircraft when used in flight operations related to

the design and testing, manufacture, preparation, and delivery of aircraft;

‘‘(D) aircraft when used in research and development if

the aircraft holds a certificate from the Administrator of

the Federal Aviation Administration to carry out such research and development;

‘‘(E) aircraft when used in showing compliance with

regulations, crew training, exhibition, air racing, or market

surveys;

‘‘(F) aircraft when used in the aerial application of a

substance for an agricultural purpose;

‘‘(G) aircraft with a maximum payload capacity of

more than 18,000 pounds when used in air transportation;

or

‘‘(H) aircraft equipped to carry only one individual.

‘‘(2) DELAY IN IMPLEMENTATION.—The Administrator of the

Federal Aviation Administration may continue to implement

subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds

such action is necessary to promote—

‘‘(A) a safe and orderly transition to the operation of

civil aircraft equipped with an emergency locator; or

‘‘(B) other safety objectives.

‘‘(d) COMPLIANCE.—An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter

that transmits on the 121.5/243 megahertz frequency or the 406

megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).’’.

(b) REGULATIONS.—The Secretary shall issue regulations to

carry out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001.

SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

Section 44716 is amended by adding at the end the following:

‘‘(g) CARGO COLLISION AVOIDANCE SYSTEMS.—
76

‘‘(1) IN GENERAL.—The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.

‘‘(2) EXTENSION OF DEADLINE.—The Administrator may extend the deadline established by paragraph (1) by not more

than 2 years if the Administrator finds that the extension is

needed to promote—

‘‘(A) a safe and orderly transition to the operation of a

fleet of cargo aircraft equipped with collision avoidance

equipment; or

‘‘(B) other safety or public interest objectives.

‘‘(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this

subsection, the term ‘collision avoidance equipment’ means

equipment that provides protection from mid-air collisions

using technology that provides—

‘‘(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and

‘‘(B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–

II.’’.

SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.

(a) FINDINGS.—Congress finds that—

(1) collisions between aircraft and birds have resulted in

fatal accidents;

(2) bird strikes pose a special danger to smaller aircraft;

(3) landfills near airports pose a potential hazard to aircraft operating there because they attract birds;

(4) even if the landfill is not located in the approach path

of the airport’s runway, it still poses a hazard because of the

birds’ ability to fly away from the landfill and into the path of

oncoming planes;

(5) while certain mileage limits have the potential to be arbitrary, keeping landfills at least 6 miles away from an airport,

especially an airport served by small planes, is an appropriate

minimum requirement for aviation safety; and

(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption

to those who use and depend on such landfills.

(b) LIMITATION ON CONSTRUCTION.—Section 44718(d) is amended to read as follows:

‘‘(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—

‘‘(1) IN GENERAL.—No person shall construct or establish a

municipal solid waste landfill (as defined in section 258.2 of

title 40, Code of Federal Regulations, as in effect on the date

of enactment of this subsection) that receives putrescible waste

(as defined in section 257.3–8 of such title) within 6 miles of a

public airport that has received grants under chapter 471 and

is primarily served by general aviation aircraft and regularly

scheduled flights of aircraft designed for 60 passengers or less

unless the State aviation agency of the State in which the airport is located requests that the Administrator of the Federal

Aviation Administration exempt the landfill from the application of this subsection and the Administrator determines that
77

such exemption would have no adverse impact on aviation safety.

‘‘(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall

not apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or modification of, or to

any other activity undertaken with respect to, a municipal solid

waste landfill if the construction or establishment of the landfill

was commenced on or before the date of enactment of this subsection.’’.

(c) CIVIL PENALTY FOR VIOLATIONS OF LIMITATION ON CONSTRUCTION OF LANDFILLS.—Section 46301(a)(3) is amended—

(1) in subparagraph (A) by striking ‘‘or’’ at the end;

(2) in subparagraph (B) by striking the period at the end

and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;’’.

SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.

(a) IN GENERAL.—Chapter 447 is amended by adding at the

end the following:

‘‘§ 44725. Life-limited aircraft parts

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation

Administration shall conduct a rulemaking proceeding to require

the safe disposition of life-limited parts removed from an aircraft.

The rulemaking proceeding shall ensure that the disposition deter

installation on an aircraft of a life-limited part that has reached or

exceeded its life limits.

‘‘(b) SAFE DISPOSITION.—For the purposes of this section, safe

disposition includes any of the following methods:

‘‘(1) The part may be segregated under circumstances that

preclude its installation on an aircraft.

‘‘(2) The part may be permanently marked to indicate its

used life status.

‘‘(3) The part may be destroyed in any manner calculated

to prevent reinstallation in an aircraft.

‘‘(4) The part may be marked, if practicable, to include the

recordation of hours, cycles, or other airworthiness information.

If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from

service or when the part is retired from service.

‘‘(5) Any other method approved by the Administrator.

‘‘(c) DEADLINES.—In conducting the rulemaking proceeding

under subsection (a), the Administrator shall—

‘‘(1) not later than 180 days after the date of enactment of

this section, issue a notice of proposed rulemaking; and

‘‘(2) not later than 180 days after the close of the comment

period on the proposed rule, issue a final rule.

‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No rule issued

under subsection (a) shall require the marking of parts removed

from aircraft before the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.’’.
78

(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section

503(c) of this Act) is further amended by adding at the end the following:

‘‘(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or’’.

(c) CONFORMING AMENDMENT.—The analysis for chapter 447 is

amended by adding at the end the following:

‘‘44725. Life-limited aircraft parts.’’.

SEC. 505. COUNTERFEIT AIRCRAFT PARTS.

(a) DENIAL; REVOCATION; AMENDMENT OF CERTIFICATE.—

(1) IN GENERAL.—Chapter 447 is further amended by adding at the end the following:

‘‘§ 44726. Denial and revocation of certificate for counterfeit

parts violations

‘‘(a) DENIAL OF CERTIFICATE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2) of

this subsection and subsection (e)(2), the Administrator of the

Federal Aviation Administration may not issue a certificate

under this chapter to any person—

‘‘(A) convicted in a court of law of a violation of a law

of the United States relating to the installation, production,

repair, or sale of a counterfeit or fraudulently-represented

aviation part or material; or

‘‘(B) subject to a controlling or ownership interest of an

individual convicted of such a violation.

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Administrator may issue a certificate under this chapter to a person described in paragraph (1) if issuance of the certificate will

facilitate law enforcement efforts.

‘‘(b) REVOCATION OF CERTIFICATE.—

‘‘(1) IN GENERAL.—Except as provided in subsections (f) and

(g), the Administrator shall issue an order revoking a certificate

issued under this chapter if the Administrator finds that the

holder of the certificate or an individual who has a controlling

or ownership interest in the holder—

‘‘(A) was convicted in a court of law of a violation of

a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or

‘‘(B) knowingly, and with the intent to defraud, carried

out or facilitated an activity punishable under a law described in paragraph (1)(A).

‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—In carrying out

paragraph (1), the Administrator may not review whether a

person violated a law described in paragraph (1)(A).

‘‘(c) NOTICE REQUIREMENT.—Before the Administrator revokes a

certificate under subsection (b), the Administrator shall—

‘‘(1) advise the holder of the certificate of the reason for the

revocation; and

‘‘(2) provide the holder of the certificate an opportunity to

be heard on why the certificate should not be revoked.
79

‘‘(d) APPEAL.—The provisions of section 44710(d) apply to the

appeal of a revocation order under subsection (b). For the purpose

of applying that section to the appeal, ‘person’ shall be substituted

for ‘individual’ each place it appears.

‘‘(e) ACQUITTAL OR REVERSAL.—

‘‘(1) IN GENERAL.—The Administrator may not revoke, and

the National Transportation Safety Board may not affirm a

revocation of, a certificate under subsection (b)(1)(B) if the holder of the certificate or the individual referred to in subsection

(b)(1) is acquitted of all charges directly related to the violation.

‘‘(2) REISSUANCE.—The Administrator may reissue a certificate revoked under subsection (b) of this section to the former

holder if—

‘‘(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and

‘‘(B)(i) the former holder or the individual referred to

in subsection (b)(1), is acquitted of all charges related to the

violation on which the revocation was based; or

‘‘(ii) the conviction of the former holder or such individual of the violation on which the revocation was based

is reversed.

‘‘(f) WAIVER.—The Administrator may waive revocation of a certificate under subsection (b) if—

‘‘(1) a law enforcement official of the United States Government requests a waiver; and

‘‘(2) the waiver will facilitate law enforcement efforts.

‘‘(g) AMENDMENT OF CERTIFICATE.—If the holder of a certificate

issued under this chapter is other than an individual and the Administrator finds that—

‘‘(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be revoked under this section or

knowingly, and with intent to defraud, carried out or facilitated

an activity punishable under such a law; and

‘‘(2) the holder satisfies the requirements for the certificate

without regard to that individual,

then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a

controlling or ownership interest in the holder. A decision by the

Administrator under this subsection is not reviewable by the

Board.’’.

(2) CONFORMING AMENDMENT.—The analysis for such chapter is further amended by adding at the end the following:

‘‘44726. Denial and revocation of certificate for counterfeit parts violations.’’.

(b) PROHIBITION ON EMPLOYMENT.—Section 44711 is amended

by adding at the end the following:

‘‘(c) PROHIBITION ON EMPLOYMENT OF CONVICTED COUNTERFEIT

PART TRAFFICKERS.—No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a

court of law of a violation of any Federal law relating to the instal-
80

lation, production, repair, or sale of a counterfeit or fraudulentlyrepresented aviation part or material.’’.

SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE

VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE.

(a) SHORT TITLE.—This section may be cited as the ‘‘Aircraft

Safety Act of 2000’’.

(b) DEFINITIONS.—Section 31 of title 18, United States Code, is

amended by striking all after the section heading and inserting the

following:

‘‘(a) DEFINITIONS.—In this chapter, the following definitions

apply:

‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a civil, military,

or public contrivance invented, used, or designed to navigate,

fly, or travel in the air.

‘‘(2) AVIATION QUALITY.—The term ‘aviation quality’, with

respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored

in conformity with applicable standards specified by law (including applicable regulations).

‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘destructive substance’ means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive

device or matter of a combustible, contaminative, corrosive, or

explosive nature.

‘‘(4) IN FLIGHT.—The term ‘in flight’ means—

‘‘(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation

until the moment when any such door is opened for disembarkation; and

‘‘(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the

persons and property on board.

‘‘(5) IN SERVICE.—The term ‘in service’ means—

‘‘(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for

a specific flight until 24 hours after any landing; and

‘‘(B) in any event includes the entire period during

which the aircraft is in flight.

‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’ means every

description of carriage or other contrivance propelled or drawn

by mechanical power and used for commercial purposes on the

highways in the transportation of passengers, passengers and

property, or property or cargo.

‘‘(7) PART.—The term ‘part’ means a frame, assembly, component, appliance, engine, propeller, material, part, spare part,

piece, section, or related integral or auxiliary equipment.

‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’ means a

man-made device, either manned or unmanned, designed for

operation beyond the Earth’s atmosphere.

‘‘(9) STATE.—The term ‘State’ means a State of the United

States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
81

‘‘(10) USED FOR COMMERCIAL PURPOSES.—The term ‘used

for commercial purposes’ means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

‘‘(b) TERMS DEFINED IN OTHER LAW.—In this chapter, the terms

‘aircraft engine’, ‘air navigation facility’, ‘appliance’, ‘civil aircraft’,

‘foreign air commerce’, ‘interstate air commerce’, ‘landing area’,

‘overseas air commerce’, ‘propeller’, ‘spare part’, and ‘special aircraft

jurisdiction of the United States’ have the meanings given those

terms in sections 40102(a) and 46501 of title 49.’’.

(c) FRAUD.— (1) IN GENERAL.—Chapter 2 of title 18, United States Code,

is amended by adding at the end the following:

‘‘§ 38. Fraud involving aircraft or space vehicle parts in

interstate or foreign commerce

‘‘(a) OFFENSES.—Whoever, in or affecting interstate or foreign

commerce, knowingly and with the intent to defraud—

‘‘(1)(A) falsifies or conceals a material fact concerning any

aircraft or space vehicle part;

‘‘(B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or

‘‘(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part;

‘‘(2) exports from or imports or introduces into the United

States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a

fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or

‘‘(3) attempts or conspires to commit an offense described in

paragraph (1) or (2);

shall be punished as provided in subsection (b).

‘‘(b) PENALTIES.—The punishment for an offense under subsection (a) is as follows:

‘‘(1) AVIATION QUALITY.—If the offense relates to the aviation quality of a part and the part is installed in an aircraft

or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both.

‘‘(2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason

of the failure of the part to operate as represented, the part to

which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined

in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both.

‘‘(3) FAILURE RESULTING IN DEATH.—If, by reason of the

failure of the part to operate as represented, the part to which

the offense is related is the proximate cause of a malfunction or

failure that results in the death of any person, a fine of not

more than $1,000,000, imprisonment for any term of years or

life, or both.

‘‘(4) OTHER CIRCUMSTANCES.—In the case of an offense

under subsection (a) not described in paragraph (1), (2), or (3)
82

of this subsection, a fine under this title, imprisonment for not

more than 10 years, or both.

‘‘(5) ORGANIZATIONS.—If the offense is committed by an organization, a fine of not more than— ‘‘(A) $10,000,000 in the case of an offense described in

paragraph (1) or (4); and ‘‘(B) $20,000,000 in the case of an offense described in

paragraph (2) or (3).

‘‘(c) CIVIL REMEDIES.— ‘‘(1) IN GENERAL.—The district courts of the United States

shall have jurisdiction to prevent and restrain violations of this

section by issuing appropriate orders, including—

‘‘(A) ordering a person (convicted of an offense under

this section) to divest any interest, direct or indirect, in any

enterprise used to commit or facilitate the commission of

the offense, or to destroy, or to mutilate and sell as scrap,

aircraft material or part inventories or stocks;

‘‘(B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used

to commit the offense; and

‘‘(C) ordering the dissolution or reorganization of any

enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons.

‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—Pending

final determination of a proceeding brought under this section,

the court may enter such restraining orders or prohibitions, or

take such other actions (including the acceptance of satisfactory

performance bonds) as the court deems proper.

‘‘(3) ESTOPPEL.—A final judgment rendered in favor of the

United States in any criminal proceeding brought under this

section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.

‘‘(d) CRIMINAL FORFEITURE.—

‘‘(1) IN GENERAL.—The court, in imposing sentence on any

person convicted of an offense under this section, shall order, in

addition to any other sentence and irrespective of any provision

of State law, that the person forfeit to the United States—

‘‘(A) any property constituting, or derived from, any

proceeds that the person obtained, directly or indirectly, as

a result of the offense; and

‘‘(B) any property used, or intended to be used in any

manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking

into consideration the nature, scope, and proportionality of

the use of the property on the offense.

‘‘(2) APPLICATION OF OTHER LAW.—The forfeiture of property

under this section, including any seizure and disposition of the

property, and any proceedings relating to the property, shall be

governed by section 413 of the Comprehensive Drug Abuse and

Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section).
83

‘‘(e) CONSTRUCTION WITH OTHER LAW.—This section does not

preempt or displace any other remedy, civil or criminal, provided by

Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part.

‘‘(f) TERRITORIAL SCOPE.—This section also applies to conduct

occurring outside the United States if—

‘‘(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization

organized under the laws of the United States or political subdivision thereof;

‘‘(2) the aircraft or spacecraft part as to which the violation

relates was installed in an aircraft or space vehicle owned or

operated at the time of the offense by a citizen or permanent

resident alien of the United States, or by an organization thereof; or

‘‘(3) an act in furtherance of the offense was committed in

the United States.’’.

(2) CONFORMING AMENDMENTS.— (A) CHAPTER ANALYSIS.—The analysis for chapter 2 of

title 18, United States Code, is amended by adding at the

end the following:

‘‘38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.’’.

(B) WIRE AND ELECTRONIC COMMUNICATIONS.—Section

2516(1)(c) of title 18, United States Code, is amended by inserting ‘‘section 38 (relating to aircraft parts fraud),’’ after

‘‘section 32 (relating to destruction of aircraft or aircraft facilities),’’.

SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

Section 46312 is amended—

(1) by inserting ‘‘(a) GENERAL.—’’ before ‘‘A person’’; and

(2) by adding at the end the following:

‘‘(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection

(a), knowledge by the person of the existence of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary under this part is not an element of an offense under this section but shall be considered in mitigation of the

penalty.’’.

SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

(a) FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD

CHECKS.—Section 44936(a)(1)(C) is amended—

(1) in clause (iii) by striking ‘‘or’’;

(2) in clause (iv) by striking the period at the end and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(v) the Administrator decides it is necessary to ensure air

transportation security with respect to passenger, baggage, or

property screening at airports.’’.

(b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Section

44936(f) is amended—

(1) in paragraph (1)(B) by inserting ‘‘(except a branch of the

United States Armed Forces, the National Guard, or a reserve
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component of the United States Armed Forces)’’ after ‘‘person’’

the first place it appears;

(2) in paragraph (1)(B)(ii) by striking ‘‘individual’’ the first

place it appears and inserting ‘‘individual’s performance as a

pilot’’;

(3) in paragraph (5) by striking the period at the end of the

first sentence and inserting ‘‘; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written

consent on behalf of the Administrator for records requested

under paragraph (1)(A).’’;

(4) in paragraph (13)—

(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and

(B) before the semicolon in subparagraph (A)(i) insert

‘‘and disseminated under paragraph (15)’’;

(5) in paragraph (14)(B) by inserting ‘‘or from a foreign

government or entity that employed the individual’’ after ‘‘exists’’; and

(6) by adding at the end the following:

‘‘(15) ELECTRONIC ACCESS TO FAA RECORDS.—For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have

electronic access to a specified database containing information

about such records. The terms shall limit such access to instances in which information in the database is required by the

designated individual in making a hiring decision concerning

a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that

information obtained using such access will not be used for any

purpose other than making the hiring decision.’’.

SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION WITHOUT AN AIRMAN’S CERTIFICATE.

(a) IN GENERAL.—Chapter 463 is amended by adding at the

end the following:

‘‘§ 46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate

‘‘(a) GENERAL CRIMINAL PENALTY.—An individual shall be

fined under title 18 or imprisoned for not more than 3 years, or

both, if that individual—

‘‘(1) knowingly and willfully serves or attempts to serve in

any capacity as an airman operating an aircraft in air transportation without an airman’s certificate authorizing the individual to serve in that capacity; or

‘‘(2) knowingly and willfully employs for service or uses in

any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity.

‘‘(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—

‘‘(1) CONTROLLED SUBSTANCES DEFINED.—In this subsection, the term ‘controlled substance’ has the meaning given
85

that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

‘‘(2) CRIMINAL PENALTY.—An individual violating subsection (a) shall be fined under title 18 or imprisoned for not

more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and that transporting,

aiding, or facilitating—

‘‘(A) is punishable by death or imprisonment of more

than 1 year under a Federal or State law; or

‘‘(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law

related to a controlled substance (except a law related to

simple possession (as that term is used in section 46306(c))

of a controlled substance).

‘‘(3) TERMS OF IMPRISONMENT.—A term of imprisonment

imposed under paragraph (2) shall be served in addition to,

and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 463 is

amended by adding at the end the following:

‘‘46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate.’’.

SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

Not later than 60 days after the date of enactment of this Act,

the Administrator shall issue a notice of proposed rulemaking to develop procedures to protect air carriers and their employees from enforcement actions for violations of title 14, Code of Federal Regulations, (other than criminal or deliberate acts) that are reported or

discovered as a result of voluntary reporting programs, such as the

Flight Operations Quality Assurance Program and the Aviation

Safety Action Program.

SEC. 511. PENALTIES FOR UNRULY PASSENGERS.

(a) IN GENERAL.—Chapter 463 (as amended by section 509 of

this Act) is further amended by adding at the end the following:

‘‘§ 46318. Interference with cabin or flight crew

‘‘(a) GENERAL RULE.—An individual who physically assaults or

threatens to physically assault a member of the flight crew or cabin

crew of a civil aircraft or any other individual on the aircraft, or

takes any action that poses an imminent threat to the safety of the

aircraft or other individuals on the aircraft is liable to the United

States Government for a civil penalty of not more than $25,000.

‘‘(b) COMPROMISE AND SETOFF.— ‘‘(1) COMPROMISE.—The Secretary may compromise the

amount of a civil penalty imposed under this section.

‘‘(2) SETOFF.—The United States Government may deduct

the amount of a civil penalty imposed or compromised under

this section from amounts the Government owes the person liable for the penalty.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 463 is

further amended by adding at the end the following:

‘‘46318. Interference with cabin or flight crew.’’.
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SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) AIRCRAFT.—The term ‘‘aircraft’’ has the meaning given

that term in section 40102 of title 49, United States Code.

(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’

has the meaning given that term in such section.

(3) PROGRAM.—The term ‘‘program’’ means the program established under subsection (b)(1)(A).

(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE LOCAL LAW

ENFORCEMENT OFFICERS.—

(1) IN GENERAL.—The Attorney General may—

(A) establish a program under which the Attorney General may deputize State and local law enforcement officers

having jurisdiction over airports and airport authorities as

Deputy United States Marshals for the limited purpose of

enforcing Federal laws that regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and

(B) encourage the participation of law enforcement officers of State and local governments in the program.

(2) CONSULTATION.—In establishing the program, the Attorney General shall consult with appropriate officials of—

(A) the United States Government (including the Administrator or a designated representative of the Administrator); and

(B) State and local governments in any geographic

area in which the program may operate.

(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT OFFICERS.—

(A) IN GENERAL.—Under the program, to qualify to

serve as a Deputy United States Marshal under the program, a State or local law enforcement officer shall—

(i) meet the minimum background and training requirements for a law enforcement officer under part

107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General);

and

(ii) receive approval to participate in the program

from the State or local law enforcement agency that is

the employer of that law enforcement officer.

(B) TRAINING NOT FEDERAL RESPONSIBILITY.—The

United States Government shall not be responsible for providing to a State or local law enforcement officer the training required to meet the training requirements under subparagraph (A)(i). Nothing in this subsection may be construed to grant any such law enforcement officer the right

to attend any institution of the United States Government

established to provide training to law enforcement officers

of the United States Government.

(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT OFFICERS.—
87

(1) IN GENERAL.—Subject to paragraph (2), a State or local

law enforcement officer that is deputized as a Deputy United

States Marshal under the program may arrest and apprehend

an individual suspected of violating any Federal law described

in subsection (b)(1)(A), including any individual who violates a

provision subject to a civil penalty under section 46301 of title

49, United States Code, or section 46302, 46303, 46318, 46504,

46505, or 46507 of that title, or who commits an act described

in section 46506 of that title.

(2) LIMITATION.—The powers granted to a State or local

law enforcement officer deputized under the program shall be

limited to enforcing Federal laws relating to security on board

aircraft in flight.

(3) STATUS.—A State or local law enforcement officer that

is deputized as a Deputy United States Marshal under the program shall not—

(A) be considered to be an employee of the United

States Government; or

(B) receive compensation from the United States Government by reason of service as a Deputy United States

Marshal under the program.

(d) STATUTORY CONSTRUCTION.—Nothing in this section may be

construed to—

(1) grant a State or local law enforcement officer that is

deputized under the program the power to enforce any Federal

law that is not described in subsection (c); or

(2) limit the authority that a State or local law enforcement

officer may otherwise exercise in the officer’s capacity under any

other applicable State or Federal law.

(e) REGULATIONS.—The Attorney General may promulgate such

regulations as may be necessary to carry out this section.

(f) NOTIFICATION OF CONGRESS.—Not later than 90 days after

the date of enactment of this Act, the Attorney General shall notify

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate on whether or not the Attorney General

intends to establish the program authorized by this section.

SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.

(a) REPORT.—Not later than August 1, 2000, the Administrator

shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the

progress of the Federal Aviation Administration in implementing

the air transportation oversight system, including in detail the

training of inspectors under the system, the number of inspectors

using the system, air carriers subject to the system, and the budget

for the system.

(b) REQUIRED CONTENTS.—At a minimum, the report shall

indicate—

(1) any funding or staffing constraints that would adversely

impact the Administration’s ability to continue to develop and

implement the air transportation oversight system;

(2) progress in integrating the aviation safety data derived

from such system’s inspections with existing aviation data of
88

the Administration in the safety performance analysis system of

the Administration; and

(3) the Administration’s efforts in collaboration with the

aviation industry to develop and validate safety performance

measures and appropriate risk weightings for such system.

(c) UPDATE.—Not later than August 1, 2002, the Administrator

shall update the report submitted under this section and transmit

the updated report to the committees referred to in subsection (a).

SEC. 514. RUNWAY SAFETY AREAS.

(a) ELIGIBILITY.—Section 47102(3)(B) (as amended by section

122 of this Act) is further amended by adding at the end the following:

‘‘(ix) engineered materials arresting systems as described in the Advisory Circular No. 150/5220–22 published by the Federal Aviation Administration on August 21, 1998, including any revision to the circular.’’.

(b) SOLICITATION OF COMMENTS.—Not later than 6 months

after the date of enactment of this Act, the Administrator shall solicit comments on the need for the improvement of runway safety

areas through the use of engineered materials arresting systems,

longer runways, and such other techniques as the Administrator

considers appropriate.

(c) GRANTS FOR ENGINEERED MATERIALS ARRESTING SYS- TEMS.—In making grants under section 47104 of title 49, United

States Code, for engineered materials arresting systems, the Secretary shall require the sponsor to demonstrate that the effects of jet

blasts have been adequately considered.

(d) GRANTS FOR RUNWAY REHABILITATION.—In any case in

which an airport’s runways are constrained by physical conditions,

the Secretary shall consider alternative means for ensuring runway

safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation.

SEC. 515. PRECISION APPROACH PATH INDICATORS.

Not later than 6 months after the date of enactment of this Act,

the Administrator shall solicit comments on the need for the installation of precision approach path indicators.

SEC. 516. AIRCRAFT DISPATCHERS.

(a) STUDY.—The Administrator shall conduct a study of the role

of aircraft dispatchers in enhancing aviation safety.

(b) CONTENTS.—The study shall include an assessment of

whether or not aircraft dispatchers should be required for those operations not presently requiring aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions,

and whether or not designation of positions within the Federal

Aviation Administration for oversight of dispatchers would enhance

aviation safety.

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

of this Act, the Administrator shall transmit to Congress a report

on the results of the study conducted under this section.

SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS.

The Administrator shall form a partnership with industry and

labor to develop a model program to improve the curricula, teaching
89

methods, and quality of instructors for training individuals that

need certification as airframe and powerplant mechanics.

SEC. 518. SMALL AIRPORT CERTIFICATION.

Not later than 60 days after the date of the enactment of this

Act, the Administrator shall issue a notice of proposed rulemaking

on implementing section 44706(a)(2) of title 49, United States Code,

relating to issuance of airport operating certificates for small scheduled passenger air carrier operations. Not later than 1 year after the

last day of the period for public comment provided for in the notice

of proposed rulemaking, the Administrator shall issue a final rule

on implementing such program.

SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

(a) GENERAL RULE.—Chapter 421 is amended by adding at the

end the following:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION

PROGRAM

‘‘§ 42121. Protection of employees providing air safety information

‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOYEES.—No air

carrier or contractor or subcontractor of an air carrier may discharge an employee or otherwise discriminate against an employee

with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a

request of the employee)—

‘‘(1) provided, caused to be provided, or is about to provide

(with any knowledge of the employer) or cause to be provided

to the employer or Federal Government information relating to

any violation or alleged violation of any order, regulation, or

standard of the Federal Aviation Administration or any other

provision of Federal law relating to air carrier safety under this

subtitle or any other law of the United States;

‘‘(2) has filed, caused to be filed, or is about to file (with

any knowledge of the employer) or cause to be filed a proceeding

relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or

any other provision of Federal law relating to air carrier safety

under this subtitle or any other law of the United States;

‘‘(3) testified or is about to testify in such a proceeding; or

‘‘(4) assisted or participated or is about to assist or participate in such a proceeding.

‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.—

‘‘(1) FILING AND NOTIFICATION.—A person who believes that

he or she has been discharged or otherwise discriminated

against by any person in violation of subsection (a) may, not

later than 90 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or

discrimination. Upon receipt of such a complaint, the Secretary

of Labor shall notify, in writing, the person named in the complaint and the Administrator of the Federal Aviation Administration of the filing of the complaint, of the allegations con-
90

tained in the complaint, of the substance of evidence supporting

the complaint, and of the opportunities that will be afforded to

such person under paragraph (2).

‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(A) IN GENERAL.—Not later than 60 days after the

date of receipt of a complaint filed under paragraph (1)

and after affording the person named in the complaint an

opportunity to submit to the Secretary of Labor a written

response to the complaint and an opportunity to meet with

a representative of the Secretary to present statements from

witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to

believe that the complaint has merit and notify, in writing,

the complainant and the person alleged to have committed

a violation of subsection (a) of the Secretary’s findings. If

the Secretary of Labor concludes that there is a reasonable

cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after

the date of notification of findings under this paragraph,

either the person alleged to have committed the violation or

the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the

record. The filing of such objections shall not operate to

stay any reinstatement remedy contained in the preliminary

order. Such hearings shall be conducted expeditiously. If a

hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject

to judicial review.

‘‘(B) REQUIREMENTS.— ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.—The

Secretary of Labor shall dismiss a complaint filed

under this subsection and shall not conduct an investigation otherwise required under subparagraph (A)

unless the complainant makes a prima facie showing

that any behavior described in paragraphs (1) through

(4) of subsection (a) was a contributing factor in the

unfavorable personnel action alleged in the complaint.

‘‘(ii) SHOWING BY EMPLOYER.—Notwithstanding a

finding by the Secretary that the complainant has

made the showing required under clause (i), no investigation otherwise required under subparagraph (A)

shall be conducted if the employer demonstrates, by

clear and convincing evidence, that the employer would

have taken the same unfavorable personnel action in

the absence of that behavior.

‘‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY.—The Secretary may determine that a violation

of subsection (a) has occurred only if the complainant

demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged

in the complaint.
91

‘‘(iv) PROHIBITION.—Relief may not be ordered

under subparagraph (A) if the employer demonstrates

by clear and convincing evidence that the employer

would have taken the same unfavorable personnel action in the absence of that behavior.

‘‘(3) FINAL ORDER.—

‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of

Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any

time before issuance of a final order, a proceeding under

this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the

complainant, and the person alleged to have committed the

violation.

‘‘(B) REMEDY.—If, in response to a complaint filed

under paragraph (1), the Secretary of Labor determines

that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such

violation to—

‘‘(i) take affirmative action to abate the violation;

‘‘(ii) reinstate the complainant to his or her former

position together with the compensation (including

back pay) and restore the terms, conditions, and privileges associated with his or her employment; and

‘‘(iii) provide compensatory damages to the complainant.

If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued a

sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by

the complainant for, or in connection with, the bringing the

complaint upon which the order was issued.

‘‘(C) FRIVOLOUS COMPLAINTS.—If the Secretary of

Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of

Labor may award to the prevailing employer a reasonable

attorney’s fee not exceeding $1,000.

‘‘(4) REVIEW.—

‘‘(A) APPEAL TO COURT OF APPEALS.—Any person adversely affected or aggrieved by an order issued under

paragraph (3) may obtain review of the order in the United

States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly

occurred or the circuit in which the complainant resided on

the date of such violation. The petition for review must be

filed not later than 60 days after the date of the issuance

of the final order of the Secretary of Labor. Review shall

conform to chapter 7 of title 5, United States Code. The

commencement of proceedings under this subparagraph
92

shall not, unless ordered by the court, operate as a stay of

the order.

‘‘(B) LIMITATION ON COLLATERAL ATTACK.—An order of

the Secretary of Labor with respect to which review could

have been obtained under subparagraph (A) shall not be

subject to judicial review in any criminal or other civil proceeding.

‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.— Whenever any person has failed to comply with an order issued

under paragraph (3), the Secretary of Labor may file a civil action in the United States district court for the district in which

the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall

have jurisdiction to grant all appropriate relief including, but

not limited to, injunctive relief and compensatory damages.

‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— ‘‘(A) COMMENCEMENT OF ACTION.—A person on whose

behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order

was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the

citizenship of the parties, to enforce such order.

‘‘(B) ATTORNEY FEES.—The court, in issuing any final

order under this paragraph, may award costs of litigation

(including reasonable attorney and expert witness fees) to

any party whenever the court determines such award is appropriate.

‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed by this

section shall be enforceable in a mandamus proceeding brought

under section 1361 of title 28, United States Code.

‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection (a) shall not apply with respect to an employee of an air carrier, contractor, or subcontractor who, acting without direction from

such air carrier, contractor, or subcontractor (or such person’s

agent), deliberately causes a violation of any requirement relating to

air carrier safety under this subtitle or any other law of the United

States.

‘‘(e) CONTRACTOR DEFINED.—In this section, the term ‘contractor’ means a company that performs safety-sensitive functions by

contract for an air carrier.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 421 is

amended by adding at the end the following:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

‘‘42121. Protection of employees providing air safety information.’’.

(c) CIVIL PENALTY.—Section 46301(a)(1)(A) is amended by striking ‘‘subchapter II of chapter 421’’ and inserting ‘‘subchapter II or

III of chapter 421’’.

SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

(a) STUDY.—The Administrator shall conduct a study to determine the number of persons working at airports who are injured or

killed as a result of being struck by a moving vehicle while on an

airport tarmac, the seriousness of the injuries to such persons, and
93

whether or not reflective safety vests or other actions should be required to enhance the safety of such workers.

(b) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall transmit to Congress a report

on the results of the study conducted under this section.

TITLE VI—TRANSFER OF

AERONAUTICAL CHARTING ACTIVITY

SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

Effective October 1, 2000, there are transferred to the Federal

Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other

officers of the Department of Commerce that relate to the Office of

Aeronautical Charting and Cartography and are set forth in section

44721 of title 49, United States Code.

SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.

(a) TRANSFER OF OFFICE.—Effective October 1, 2000, the Office

of Aeronautical Charting and Cartography of the National Oceanic

and Atmospheric Administration, Department of Commerce, is

transferred to the Federal Aviation Administration.

(b) OTHER TRANSFERS.—Effective October 1, 2000, the personnel employed in connection with, and the assets, liabilities, contracts, property, equipment, facilities, records, and unexpended balance of appropriations, and other funds employed, held, used, arising from, available to, or to be made available in connection with

the function and offices, or portions of offices, transferred by this

title, including all Senior Executive Service positions, subject to section 1531 of title 31, United States Code, are transferred to the Administrator of the Federal Aviation Administration for appropriate

allocation. Personnel employed in connection with functions transferred by this title transfer under any applicable law and regulation

relating to transfer of functions. Unexpended funds transferred

under this section shall be used only for the purposes for which the

funds were originally authorized and appropriated, except that

funds may be used for expenses associated with the transfer authorized by this title.

SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.

(a) IN GENERAL.—Section 44721 is amended to read as follows:

‘‘§ 44721. Aeronautical charts and related products and services

‘‘(a) PUBLICATION.—

‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient

movement of aircraft in air navigation, using the facilities and

assistance of departments, agencies, and instrumentalities of

the United States Government as far as practicable.

‘‘(2) NAVIGATION ROUTES.—In carrying out paragraph (1),

the Administrator shall update and arrange for the publication

of clearly defined routes for navigating through a complex ter-
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minal airspace area and to and from an airport located in such

an area, if the Administrator decides that publication of the

routes would promote safety in air navigation. The routes shall

be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules.

‘‘(b) INDEMNIFICATION.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use

in aeronautics from any part of a claim arising out of the depiction

by the person on the map or chart of a defective or deficient flight

procedure or airway if the flight procedure or airway was—

‘‘(1) prescribed by the Administrator;

‘‘(2) depicted accurately on the map or chart; and

‘‘(3) not obviously defective or deficient.

‘‘(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND

CARTOGRAPHY.—Effective October 1, 2000, the Administrator is

vested with and shall exercise the functions, powers, and duties of

the Secretary of Commerce and other officers of the Department of

Commerce that relate to the Office of Aeronautical Charting and

Cartography to provide aeronautical charts and related products

and services for the safe and efficient navigation of air commerce,

under the following authorities:

‘‘(1) Sections 1 through 9 of the Act entitled ‘An Act to define the functions and duties of the Coast and Geodetic Survey,

and for other purposes’, approved August 6, 1947, (33 U.S.C.

883a–883h).

‘‘(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).

‘‘(3) Section 1307 of title 44, United States Code.

‘‘(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1995 under the heading ‘National Oceanic

and Atmospheric Administration’ relating to aeronautical

charts (44 U.S.C. 1307 note).

‘‘(d) AUTHORITY.—In order that full public benefit may be derived from the dissemination of data resulting from activities under

this section and of related data from other sources, the Administrator may—

‘‘(1) develop, process, disseminate and publish digital and

analog data, information, compilations, and reports;

‘‘(2) compile, print, and disseminate aeronautical charts

and related products and services of the United States and its

territories and possessions;

‘‘(3) compile, print, and disseminate aeronautical charts

and related products and services covering international airspace as are required primarily by United States civil aviation;

and

‘‘(4) compile, print, and disseminate nonaeronautical navigational, transportation or public-safety-related products and

services when in the best interests of the Government.

‘‘(e) CONTRACTS, COOPERATIVE AGREEMENTS, GRANTS, AND

OTHER AGREEMENTS.—

‘‘(1) CONTRACTS.—The Administrator is authorized to contract with qualified organizations for the performance of any
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part of the authorized functions of the Office of Aeronautical

Charting and Cartography when the Administrator deems such

procedure to be in the public interest and will not compromise

public safety.

‘‘(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER

AGREEMENTS.—The Administrator is authorized to enter into

cooperative agreements, grants, reimbursable agreements,

memoranda of understanding and other agreements, with a

State, subdivision of a State, Federal agency, public or private

organization, or individual, to carry out the purposes of this

section.

‘‘(f) SPECIAL SERVICES AND PRODUCTS.—

‘‘(1) IN GENERAL.—The Administrator is authorized, at the

request of a State, subdivision of a State, Federal agency, public

or private organization, or individual, to conduct special services, including making special studies, or developing special

publications or products on matters relating to navigation,

transportation, or public safety.

‘‘(2) FEES.—The Administrator shall assess a fee for any

special service provided under paragraph (1). A fee shall be not

more than the actual or estimated full cost of the service. A fee

may be reduced or waived for research organizations, educational organizations, or non-profit organizations, when the

Administrator determines that reduction or waiver of the fee is

in the best interest of the Government by furthering public safety.

‘‘(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS.—

‘‘(1) IN GENERAL.—Aeronautical products created or maintained under the authority of this section shall be sold at prices

established annually by the Administrator consistent with the

following:

‘‘(A) MAXIMUM PRICE.—Subject to subparagraph (B),

the price of an aeronautical product sold to the public shall

be not more than necessary to recover all costs attributable

to (i) data base management and processing; (ii) compilation; (iii) printing or other types of reproduction; and (iv)

dissemination of the product.

‘‘(B) ADJUSTMENT OF PRICE.—The Administrator shall

adjust the price of an aeronautical product and service sold

to the public as necessary to avoid any adverse impact on

aviation safety attributable to the price specified under this

paragraph.

‘‘(C) COSTS ATTRIBUTABLE TO ACQUISITION OF AERONAUTICAL DATA.—A price established under this paragraph

may not include costs attributable to the acquisition of

aeronautical data.

‘‘(2) PUBLICATION OF PRICES.—The Administrator shall

publish annually the prices at which aeronautical products are

sold to the public.

‘‘(3) DISTRIBUTION.—The Administrator may distribute

aeronautical products and provide aeronautical services—

‘‘(A) without charge to each foreign government or

international organization with which the Administrator or
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a Federal department or agency has an agreement for exchange of these products or services without cost;

‘‘(B) at prices the Administrator establishes, to the departments and officers of the United States requiring them

for official use; and

‘‘(C) at reduced or no charge where, in the judgment of

the Administrator, furnishing the aeronautical product or

service to a recipient is a reasonable exchange for voluntary

contribution of information by the recipient to the activities

under this section.

‘‘(4) FEES.—The fees provided for in this subsection are for

the purpose of reimbursing the Government for the costs of creating, printing and disseminating aeronautical products and

services under this section. The collection of fees authorized by

this section does not alter or expand any duty or liability of the

Government under existing law for the performance of functions

for which fees are collected, nor does the collection of fees constitute an express or implied undertaking by the Government to

perform any activity in a certain manner.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis of chapter

447 is amended by striking the item relating to section 44721 and

inserting the following:

‘‘44721. Aeronautical charts and related products and services.’’.

SEC. 604. SAVINGS PROVISION.

(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, privileges, and financial assistance that—

(1) have been issued, made, granted, or allowed to become

effective by the President of the United States, the Secretary of

Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance

of functions which are transferred by this title; and

(2) are in effect on the date of transfer,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law

by the President of the United States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or

by operation of law.

(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS.—

(1) IN GENERAL.—The provisions of this title shall not affect

any proceedings, including notices of proposed rulemaking, or

any application for any license, permit, certificate, or financial

assistance pending on the date of transfer before the Department of Commerce or the National Oceanic and Atmospheric

Administration, or any officer of such Department or Administration, with respect to functions transferred by this title, but

such proceedings or applications, to the extent that they relate

to functions transferred, shall be continued in accord with transition guidelines promulgated by the Administrator of the Federal Aviation Administration under the authority of this section. Orders issued in any such proceedings shall continue in

effect until modified, terminated, superseded, or revoked by the
97

Administrator of the Federal Aviation Administration, by a

court of competent jurisdiction, or by operation of law. Nothing

in this subsection prohibits the discontinuance or modification

of any such proceeding under the same terms and conditions

and to the same extent that such proceeding could have been

discontinued or modified if this title had not been enacted.

(2) TRANSITION GUIDELINES.—The Secretary of Commerce,

the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Federal Aviation

Administration are authorized to issue transition guidelines

providing for the orderly transfer of proceedings and otherwise

to accomplish the orderly transfer of functions, personnel and

property under this title.

(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS.—No

cause of action by or against the Department of Commerce or the

National Oceanic and Atmospheric Administration with respect to

functions transferred by this title, or by or against any officer thereof in the official’s capacity, shall abate by reason of the enactment

of this title. Causes of action and actions with respect to a function

or office transferred by this title, or other proceedings may be asserted by or against the United States or an official of the Federal

Aviation Administration, as may be appropriate, and, in an action

pending when this title takes effect, the court may at any time, on

its own motion or that of any party, enter an order that will give

effect to the provisions of this subsection.

(d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDICIAL ACTIONS.—If, on the date of transfer, the Department of Commerce or

the National Oceanic and Atmospheric Administration, or any officer of the Department or Administration in an official capacity, is

a party to an action, and under this title any function relating to

the action of the Department, Administration, or officer is transferred to the Federal Aviation Administration, then such action

shall be continued with the Administrator of the Federal Aviation

Administration substituted or added as a party.

(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED.—

Orders and actions of the Administrator of the Federal Aviation Administration in the exercise of functions transferred by this title

shall be subject to judicial review to the same extent and in the

same manner as if such orders and actions had been by the Department of Commerce or the National Oceanic and Atmospheric Administration, or any office or officer of such Department or Administration, in the exercise of such functions immediately preceding their

transfer.

(f) LIABILITIES AND OBLIGATIONS.—The Administrator of the

Federal Aviation Administration shall assume all liabilities and obligations (tangible and incorporeal, present and executory) associated with the functions transferred under this title on the date of

transfer, including leases, permits, licenses, contracts, agreements,

claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless

whether judgment has been entered, damages awarded, or appeal

taken.
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SEC. 605. NATIONAL OCEAN SURVEY.

(a) CHARTS AND PUBLICATIONS.—Section 2 of the Act entitled

‘‘An Act to define the functions and duties of the Coast and Geodetic

Survey, and for other purposes’’, approved August 6, 1947 (33

U.S.C. 883b), is amended—

(1) by striking paragraphs (3) and (5), and redesignating

paragraphs (4) and (6) as paragraphs (3) and (4), respectively;

(2) by striking ‘‘charts of the United States, its Territories,

and possessions;’’ in paragraph (3), as redesignated, and inserting ‘‘charts;’’; and

(3) by striking ‘‘publications for the United States, its Territories, and possessions’’ in paragraph (4), as redesignated, and

inserting ‘‘publications’’.

(b) COOPERATIVE AND OTHER AGREEMENTS.—Section 5(1) of

such Act (33 U.S.C. 883e(1)) is amended—

(1) by striking ‘‘cooperative agreements’’ and inserting ‘‘cooperative agreements, or any other agreements,’’; and

(2) in paragraph (2) by striking ‘‘cooperative’’.

SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL

PRODUCTS BY NOAA.

(a) IN GENERAL.—Section 1307 of title 44, United States Code,

is amended—

(1) in the section heading by striking ‘‘and aeronautical’’;

and

(2) by striking ‘‘and aeronautical’’ and ‘‘or aeronautical’’

each place they appear.

(b) PRICES.—Section 1307(a)(2)(B) of such title is amended by

striking ‘‘aviation and’’.

(c) FEES.—Section 1307(d) of such title 44 is amended by striking ‘‘aeronautical and’’.

(d) CONFORMING AMENDMENT.—The analysis for chapter 13 of

title 44, United States Code, is amended in the item relating to section 1307 by striking ‘‘and aeronautical’’.

SEC. 607. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.

The Administrator shall consider procuring mapping, charting,

and geographic information systems necessary to carry out the duties of the Administrator under title 49, United States Code, from

private enterprises, if the Administrator determines that such procurement furthers the mission of the Federal Aviation

Administration and is cost effective.

TITLE VII—MISCELLANEOUS

PROVISIONS

SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

Section 106(g)(1)(A) is amended by striking ‘‘40113(a), (c), and

(d),’’ and all that follows through ‘‘45302–45304,’’ and inserting

‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3),

44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720,

44721(b), 44722, and 44723), chapter 449 (except sections 44903(d),
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44904, 44905, 44907–44911, 44913, 44915, and 44931–44934),

chapter 451, chapter 453, sections’’.

SEC. 702. PUBLIC AIRCRAFT.

(a) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(37) is

amended to read as follows:

‘‘(37) ‘public aircraft’ means any of the following:

‘‘(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States

Government, except as provided in section 40125(b).

‘‘(B) An aircraft owned by the Government and operated by any person for purposes related to crew training,

equipment development, or demonstration, except as provided in section 40125(b).

‘‘(C) An aircraft owned and operated by the government

of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one

of these governments, except as provided in section

40125(b).

‘‘(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of

Columbia, or a territory or possession of the United States

or a political subdivision of one of these governments, except as provided in section 40125(b).

‘‘(E) An aircraft owned or operated by the armed forces

or chartered to provide transportation to the armed forces

under the conditions specified by section 40125(c).’’.

(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS.—

(1) IN GENERAL.—Chapter 401 is further amended by adding at the end the following:

‘‘§ 40125. Qualifications for public aircraft status

‘‘(a) DEFINITIONS.—In this section, the following definitions

apply:

‘‘(1) COMMERCIAL PURPOSES.—The term ‘commercial purposes’ means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on

behalf of another government under a cost reimbursement

agreement if the government on whose behalf the operation is

conducted certifies to the Administrator of the Federal Aviation

Administration that the operation is necessary to respond to a

significant and imminent threat to life or property (including

natural resources) and that no service by a private operator is

reasonably available to meet the threat.

‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘governmental

function’ means an activity undertaken by a government, such

as national defense, intelligence missions, firefighting, search

and rescue, law enforcement (including transport of prisoners,

detainees, and illegal aliens), aeronautical research, or biological or geological resource management.
100

‘‘(3) QUALIFIED NON-CREWMEMBER.—The term ‘qualified

non-crewmember’ means an individual, other than a member of

the crew, aboard an aircraft—

‘‘(A) operated by the armed forces or an intelligence

agency of the United States Government; or

‘‘(B) whose presence is required to perform, or is associated with the performance of, a governmental function.

‘‘(4) ARMED FORCES.—The term ‘armed forces’ has the

meaning given such term by section 101 of title 10.

‘‘(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described in subparagraph (A), (B), (C), or (D) of section 40102(a)(37)

does not qualify as a public aircraft under such section when the

aircraft is used for commercial purposes or to carry an individual

other than a crewmember or a qualified noncrewmember.

‘‘(c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), an aircraft described in section 40102(a)(37)(E) qualifies as a public aircraft

if—

‘‘(A) the aircraft is operated in accordance with title 10;

‘‘(B) the aircraft is operated in the performance of a

governmental function under titles 14, 31, 32, or 50 and the

aircraft is not used for commercial purposes; or

‘‘(C) the aircraft is chartered to provide transportation

to the armed forces and the Secretary of Defense (or the

Secretary of the department in which the Coast Guard is

operating) designates the operation of the aircraft as being

required in the national interest.

‘‘(2) LIMITATION.—An aircraft that meets the criteria set

forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.’’.

(2) CONFORMING AMENDMENT.—The analysis for chapter

401 is amended by adding at the end the following:

‘‘40125. Qualifications for public aircraft status.’’.

(c) SAFETY OF PUBLIC AIRCRAFT.—

(1) STUDY.—The National Transportation Safety Board

shall conduct a study to compare the safety of public aircraft

and civil aircraft. In conducting the study, the Board shall review safety statistics on aircraft operations since 1993.

(2) REPORT.—Not later than 6 months after the date of enactment of this Act, the National Transportation Safety Board

shall transmit to Congress a report containing the results of the

study conducted under paragraph (1).

SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

Section 40110 (as amended by section 307(b) of this Act) is further amended by adding at the end the following:

‘‘(e) PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.—

‘‘(1) GENERAL RULE.—Except as provided in paragraph (2),

a proposal in the possession or control of the Administrator

may not be made available to any person under section 552 of

title 5.
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‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any portion of a proposal of an offeror the disclosure of which is authorized by the Administrator pursuant to procedures published

in the Federal Register. The Administrator shall provide an opportunity for public comment on the procedures for a period of

not less than 30 days beginning on the date of such publication

in order to receive and consider the views of all interested parties on the procedures. The procedures shall not take effect before the 60th day following the date of such publication.

‘‘(3) PROPOSAL DEFINED.—In this subsection, the term ‘proposal’ means information contained in or originating from any

proposal, including a technical, management, or cost proposal,

submitted by an offeror in response to the requirements of a solicitation for a competitive proposal.’’.

SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

(a) IN GENERAL.—The Administrator may carry out a pilot program in fiscal years 2001 through 2003 to test and evaluate the benefits of long-term contracts for the leasing of aviation equipment

and facilities.

(b) PERIOD OF CONTRACTS.—Notwithstanding any other provision of law, the Administrator may enter into a contract under the

program to lease aviation equipment or facilities for a period of

greater than 5 years.

(c) NUMBER OF CONTRACTS.—The Administrator may not enter

into more that 10 contracts under the program.

(d) TYPES OF CONTRACTS.—The contracts to be evaluated under

the program may include contracts for telecommunication services

that are provided through the use of a satellite, requirements related

to oceanic and air traffic control, air-to-ground radio communications, and air traffic control tower construction.

SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING

FISCAL YEARS.

(a) IN GENERAL.—Chapter 401 (as amended by section 702(b)

of this Act) is further amended by adding at the end the following:

‘‘§ 40126. Severable services contracts for periods crossing

fiscal years

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation

Administration may enter into a contract for procurement of severable services for a period that begins in one fiscal year and ends in

the next fiscal year if (without regard to any option to extend the

period of the contract) the contract period does not exceed one year.

‘‘(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal

year may be obligated for the total amount of a contract entered into

under the authority of subsection (a).’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 401 is

amended by adding at the end the following:

‘‘40126. Severable services contracts for periods crossing fiscal years.’’.

SEC. 706. PROHIBITIONS ON DISCRIMINATION.

(a) IN GENERAL.—Chapter 401 (as amended by section 705 of

this Act) is further amended by adding at the end the following:
102

‘‘§ 40127. Prohibitions on discrimination

‘‘(a) PERSONS IN AIR TRANSPORTATION.—An air carrier or foreign air carrier may not subject a person in air transportation to

discrimination on the basis of race, color, national origin, religion,

sex, or ancestry.

‘‘(b) USE OF PRIVATE AIRPORTS.—Notwithstanding any other

provision of law, no State or local government may prohibit the use

or full enjoyment of a private airport within its jurisdiction by any

person on the basis of that person’s race, color, national origin, religion, sex, or ancestry.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 401 is

further amended by adding at the end the following:

‘‘40127. Prohibitions on discrimination.’’.

SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.

(a) IN GENERAL.—Section 41705 is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In providing’’;

(2) by striking ‘‘carrier’’ and inserting ‘‘carrier, including

(subject to section 40105(b)) any foreign air carrier,’’; and

(3) by adding at the end the following:

‘‘(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—For purposes of section 46301(a)(3)(E), a separate violation occurs under

this section for each individual act of discrimination prohibited by

subsection (a).

‘‘(c) INVESTIGATION OF COMPLAINTS.— ‘‘(1) IN GENERAL.—The Secretary shall investigate each

complaint of a violation of subsection (a).

‘‘(2) PUBLICATION OF DATA.—The Secretary shall publish

disability-related complaint data in a manner comparable to

other consumer complaint data.

‘‘(3) REVIEW AND REPORT.—The Secretary shall regularly

review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to

Congress on the results of such review.

‘‘(4) TECHNICAL ASSISTANCE.—Not later than 180 days after

the date of enactment of this subsection, the Secretary shall—

‘‘(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and

Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance

to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and

‘‘(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.’’.

(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section

504(b) of this Act) is further amended by adding at the end the following:

‘‘(E) a violation of section 41705, relating to discrimination

against handicapped individuals.’’.

(c) ESTABLISHMENT OF HIGHER INTERNATIONAL STANDARDS.—

The Secretary shall work with appropriate international organizations and the aviation authorities of other nations to bring about
103

the establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to

foreign air carriers that code-share with air carriers.

SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

(a) IN GENERAL.—Section 41706 is amended to read as follows:

‘‘§ 41706. Prohibitions against smoking on scheduled flights

‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE AIR

TRANSPORTATION.—An individual may not smoke in an aircraft in

scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.

‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.—

The Secretary of Transportation shall require all air carriers and

foreign air carriers to prohibit smoking in any aircraft in scheduled

passenger foreign air transportation.

‘‘(c) LIMITATION ON APPLICABILITY.—

‘‘(1) IN GENERAL.—If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial application of the laws of the

United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated

under paragraph (2) becomes effective and is enforced by the

Secretary.

‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant to paragraph

(1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations

with the objecting foreign government to provide for an alternative smoking prohibition.

‘‘(d) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date that is 60 days after the date of enactment of this Act.

SEC. 709. JOINT VENTURE AGREEMENT.

Section 41720, as redesignated by section 231(b)(1) of this Act,

is amended by striking ‘‘an agreement entered into by a major air

carrier’’ and inserting ‘‘an agreement between 2 or more major air

carriers’’.

SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS

DURING AIR TRANSPORT.

(a) IN GENERAL.—Subchapter I of chapter 417 (as amended by

section 231(b) of this Act) is further amended by adding at the end

the following:

‘‘§ 41721. Reports by carriers on incidents involving animals

during air transport

‘‘(a) IN GENERAL.—An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary a

report on any incidents involving the loss, injury, or death of an

animal (as defined by the Secretary of Transportation) during air

transport provided by the air carrier. The report shall be in such
104

form and contain such information as the Secretary determines appropriate.

‘‘(b) TRAINING OF AIR CARRIER EMPLOYEES.—The Secretary

shall work with air carriers to improve the training of employees

with respect to the air transport of animals and the notification of

passengers of the conditions under which the air transport of animals is conducted.

‘‘(c) SHARING OF INFORMATION.—The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of information that the Secretary receives under subsection (a).

‘‘(d) PUBLICATION OF DATA.—The Secretary shall publish data

on incidents and complaints involving the loss, injury, or death of

an animal during air transport in a manner comparable to other

consumer complaint and incident data.

‘‘(e) AIR TRANSPORT.—For purposes of this section, the air

transport of an animal includes the entire period during which an

animal is in the custody of an air carrier, from check-in of the animal prior to departure until the animal is returned to the owner or

guardian of the animal at the final destination of the animal.’’.

(b) CONFORMING AMENDMENT.—The analysis for such subchapter is further amended by adding at the end the following:

‘‘41721. Reports by carriers on incidents involving animals during air transportation.’’.

SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.

Section 44310 is amended by striking ‘‘after’’ and all that follows and inserting ‘‘after December 31, 2003.’’.

SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

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

‘‘(5) IMPROVEMENTS ON LEASED PROPERTIES.—The Administrator may make improvements to real property leased for no or

nominal consideration for an air navigation facility, regardless

of whether the cost of making the improvements exceeds the cost

of leasing the real property, if—

‘‘(A) the improvements primarily benefit the Government;

‘‘(B) the improvements are essential for accomplishment

of the mission of the Federal Aviation Administration; and

‘‘(C) the interest of the United States Government in the

improvements is protected.’’.

SEC. 713. HUMAN FACTORS PROGRAM.

(a) IN GENERAL.—Chapter 445 is amended by adding at the

end the following:

‘‘§ 44516. Human factors program

‘‘(a) HUMAN FACTORS TRAINING.—

‘‘(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the

Federal Aviation Administration shall—

‘‘(A) address the problems and concerns raised by the

National Research Council in its report ‘The Future of Air

Traffic Control’ on air traffic control automation; and
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‘‘(B) respond to the recommendations made by the National Research Council.

‘‘(2) PILOTS AND FLIGHT CREWS.—The Administrator shall

work with representatives of the aviation industry and appropriate aviation programs associated with universities to develop

specific training curricula to address critical safety problems,

including problems of pilots—

‘‘(A) in recovering from loss of control of an aircraft, including handling unusual altitudes and mechanical malfunctions;

‘‘(B) in deviating from standard operating procedures,

including inappropriate responses to emergencies and hazardous weather;

‘‘(C) in awareness of altitude and location relative to

terrain to prevent controlled flight into terrain; and

‘‘(D) in landing and approaches, including nonprecision approaches and go-around procedures.

‘‘(b) TEST PROGRAM.—The Administrator shall establish a test

program in cooperation with air carriers to use model Jeppesen approach plates or other similar tools to improve precision-like landing approaches for aircraft.

‘‘(c) REPORT.—Not later than 1 year after the date of enactment

of this section, the Administrator shall transmit to the Committee

on Commerce, Science, and Transportation of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives a report on the status of the Administration’s efforts

to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.

‘‘(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this section, the term ‘advanced qualification program’ means an alternative method for qualifying, training, certifying, and ensuring the

competency of flight crews and other commercial aviation operations

personnel subject to the training and evaluation requirements of

parts 121 and 135 of title 14, Code of Federal Regulations.’’.

(b) AUTOMATION AND ASSOCIATED TRAINING.—Not later than 12

months after the date of enactment of this Act, the Administrator

shall complete updating training practices for flight deck automation and associated training requirements.

(c) CONFORMING AMENDMENT.—The analysis for chapter 445 is

further amended by adding at the end the following:

‘‘44516. Human factors program.’’.

SEC. 714. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

Section 44701 is amended by—

(1) redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following:

‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—Notwithstanding the provisions of this

chapter, the Administrator, pursuant to Article 83 bis of the

Convention on International Civil Aviation and by a bilateral

agreement with the aeronautical authorities of another country,

may exchange with that country all or part of their respective

functions and duties with respect to registered aircraft under
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the following articles of the Convention: Article 12 (Rules of the

Air); Article 31 (Certificates of Airworthiness); or Article 32a

(Licenses of Personnel).

‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSI- BILITY.—The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles

listed in paragraph (1) for United States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those

Articles for aircraft registered abroad and described in paragraph (4)(B) that are transferred to the United States.

‘‘(3) CONDITIONS.—The Administrator may predicate, in the

agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems necessary

and prudent, except that the Administrator may not transfer responsibilities for United States registered aircraft described in

paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation.

‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this subsection,

the term ‘registered aircraft’ means—

‘‘(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or

interchange of the aircraft or any similar arrangement by

an operator that has its principal place of business or, if it

has no such place of business, its permanent residence in

another country; and

‘‘(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an

operator that has its principal place of business or, if it has

no such place of business, its permanent residence in the

United States.’’.

SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

Section 44703 is amended—

(1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and

(2) by inserting after subsection (b) the following:

‘‘(c) PUBLIC INFORMATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, the information contained

in the records of contents of any airman certificate issued under

this section that is limited to an airman’s name, address, and

ratings held shall be made available to the public after the

120th day following the date of enactment of the Wendell H.

Ford Aviation Investment and Reform Act for the 21st Century.

‘‘(2) OPPORTUNITY TO WITHHOLD INFORMATION.—Before

making any information concerning an airman available to the

public under paragraph (1), the airman shall be given an opportunity to elect that the information not be made available to

the public.

‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.—

Not later than 60 days after the date of enactment of the Wen-
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dell H. Ford Aviation Investment and Reform Act for the 21st

Century, the Administrator shall develop and implement, in cooperation with representatives of the aviation industry, a 1-time

written notification to airmen to set forth the implications of

making information concerning an airman available to the public under paragraph (1) and to carry out paragraph (2). The

Administrator shall also provide such written notification to

each individual who becomes an airman after such date of

enactment.’’.

SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.

Section 44709(e) is amended to read as follows:

‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

‘‘(1) IN GENERAL.—When a person files an appeal with the

Board under subsection (d), the order of the Administrator is

stayed.

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the order

of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in

air commerce or air transportation requires the order to be effective immediately.

‘‘(3) REVIEW OF EMERGENCY ORDER.—A person affected by

the immediate effectiveness of the Administrator’s order under

paragraph (2) may petition for a review by the Board, under

procedures promulgated by the Board, of the Administrator’s

determination that an emergency exists. Any such review shall

be requested not later than 48 hours after the order is received

by the person. If the Board finds that an emergency does not

exist that requires the immediate application of the order in the

interest of safety in air commerce or air transportation, the

order shall be stayed, notwithstanding paragraph (2). The

Board shall dispose of a review request under this paragraph

not later than 5 days after the date on which the request is

filed.

‘‘(4) FINAL DISPOSITION.—The Board shall make a final disposition of an appeal under subsection (d) not later than 60

days after the date on which the appeal is filed.’’.

SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.

Section 44903 is amended by adding at the end the following:

‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The Administrator may establish at airports such consortia of government and

aviation industry representatives as the Administrator may designate to provide advice on matters related to aviation security and

safety. Such consortia shall not be considered Federal advisory committees for purposes of the Federal Advisory Committee Act (5

U.S.C. App.).’’.

SEC. 718. PASSENGER MANIFEST.

Section 44909(a)(2) is amended by striking ‘‘shall’’ and inserting ‘‘should’’.

SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

Section 45301 is amended—

(1) by striking subsection (a)(2) and inserting the following:
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‘‘(2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity

obtaining services outside the United States, except that the Administrator shall not impose fees in any manner for productioncertification related service performed outside the United States

pertaining to aeronautical products manufactured outside the

United States.’’; and

(2) by adding at the end the following:

‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED.—

In this section, the term ‘production-certification related service’ has

the meaning given that term in appendix C of part 187 of title 14,

Code of Federal Regulations.’’.

SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

Section 46301 is amended—

(1) in subsection (a)(1)(A) by striking ‘‘46302, 46303, or’’;

(2) in subsection (d)(7)(A) by striking ‘‘an individual’’ the

first place it appears and inserting ‘‘a person’’; and

(3) in subsection (g) by inserting ‘‘or the Administrator’’

after ‘‘Secretary’’.

SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

(a) REPEAL.—Section 231 of H.R. 3425 of the 106th Congress,

as enacted into law by section 1000(a)(5) of Public Law 106–113, is

repealed and the provisions of law amended by such section shall

be read as if such section had not been enacted into law.

(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL, SCHEDULED HEAVY MAINTENANCE, OR LEASING-RELATED

FLIGHTS.—Section 47528 is amended—

(1) in subsection (a) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b) or (f)’’;

(2) in subsection (e) by adding at the end the following:

‘‘(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous

States on a nonrevenue basis in order—

‘‘(A) to perform maintenance (including major alterations)

or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or

‘‘(B) conduct operations within the limitations of paragraph

(2)(B).’’; and

(3) by adding at the end the following:

‘‘(f) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED HEAVY

MAINTENANCE, OR LEASING.—

‘‘(1) IN GENERAL.—The Secretary shall permit a person to

operate after December 31, 1999, a stage 2 aircraft in nonrevenue service through the airspace of the United States or to or

from an airport in the contiguous 48 States in order to—

‘‘(A) sell, lease, or use the aircraft outside the contiguous 48 States;

‘‘(B) scrap the aircraft;

‘‘(C) obtain modifications to the aircraft to meet stage

3 noise levels;

‘‘(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility

located in the contiguous 48 States;
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‘‘(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;

‘‘(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A)

through (E); or

‘‘(G) divert the aircraft to an alternative airport in the

contiguous 48 States on account of weather, mechanical,

fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F).

‘‘(2) PROCEDURE TO BE PUBLISHED.—Not later than 30 days

after the date of enactment of this subsection, the Secretary

shall establish and publish a procedure to implement paragraph (1) through the use of categorical waivers, ferry permits,

or other means.

‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this section may

be construed as interfering with, nullifying, or otherwise affecting

determinations made by the Federal Aviation Administration, or to

be made by the Administration with respect to applications under

part 161 of title 14, Code of Federal Regulations, that were pending

on November 1, 1999.’’.

(c) NOISE STANDARDS FOR EXPERIMENTAL AIRCRAFT.— (1) IN GENERAL.—Section 47528(a) is amended by inserting

‘‘(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)’’ after

‘‘civil subsonic turbojet’’.

(2) REGULATIONS.—Regulations contained in title 14, Code

of Federal Regulations, that implement section 47528 of title 49,

United States Code, and related provisions shall be deemed to

incorporate the amendment made by paragraph (1) on the date

of enactment of this Act.

(d) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH STAGE 3

NOISE LEVELS.—Section 47528(b)(1) is amended—

(1) in the first sentence by inserting ‘‘or foreign air carrier’’

after ‘‘air carrier’’; and

(2) by inserting after ‘‘January 1, 1999,’’ the following: ‘‘or,

in the case of a foreign air carrier, the 15th day following the

date of enactment of the Wendell H. Ford Aviation Investment

and Reform Act for the 21st Century’’.

SEC. 722. LAND USE COMPLIANCE REPORT.

Section 47131 is amended—

(1) by inserting ‘‘(a) GENERAL RULE.—’’ before ‘‘Not later’’;

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

(3) by striking the period at the end of paragraph (4) and

inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(5) a detailed statement listing airports that the Secretary

believes are not in compliance with grant assurances or other

requirements with respect to airport lands and including the

circumstances of such noncompliance, the timelines for corrective action, and the corrective action the Secretary intends to

take to bring the airport sponsor into compliance.

‘‘(b) SPECIAL RULE FOR LISTING NONCOMPLIANT AIRPORTS.—

The Secretary does not have to conduct an audit or make a final
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determination before including an airport on the list referred to in

subsection (a)(5).’’.

SEC. 723. CHARTER AIRLINES.

Section 41104 is amended—

(1) by redesignating subsections (b) and (c) as (c) and (d),

respectively; and

(2) by inserting after subsection (a) the following:

‘‘(b) SCHEDULED OPERATIONS.—

‘‘(1) IN GENERAL.—An air carrier, including an indirect air

carrier, which operates aircraft designed for more than 9 passenger seats, may not provide regularly scheduled charter air

transportation for which the general public is provided in advance a schedule containing the departure location, departure

time, and arrival location of the flights to or from an airport

that is not located in Alaska and that does not have an operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations).

‘‘(2) DEFINITION.—In this paragraph, the term ‘regularly

scheduled charter air transportation’ does not include operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or

the customer’s representative.’’.

SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.

(a) STUDY.—The Administrator shall conduct a study of the appropriateness of allowing an airport that agrees to provide services

to the Federal Emergency Management Agency or to a State or local

agency in the event of an emergency a credit of the value of such

services against the airport’s local share under the airport improvement program.

(b) NOTIFICATION.—The Administrator shall notify nonhub and

general aviation airports that the Administrator is conducting the

study under subsection (a) and give them an opportunity to explain

how the credit described in subsection (a) would benefit such airports.

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study conducted under subsection (a). The

report shall identify, at a minimum, the airports that would be affected by providing the credit described in subsection (a), explain

what sort of emergencies could qualify for such credit, and explain

how the costs would be quantified to determine the credit against

the local share.

SEC. 725. PASSENGER CABIN AIR QUALITY.

(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN COMMERCIAL AIRCRAFT.—

(1) IN GENERAL.—Not later than 60 days after the date of

enactment of this Act, the Administrator shall arrange for and

provide necessary data to the National Academy of Sciences to

conduct a 12-month, independent study of air quality in passenger cabins of aircraft used in air transportation and foreign

air transportation, including the collection of new data, in coordination with the Federal Aviation Administration, to iden-
111

tify contaminants in the aircraft air and develop recommendations for means of reducing such contaminants.

(2) ALTERNATIVE AIR SUPPLY.—The study should examine

whether contaminants would be reduced by the replacement of

engine and auxiliary power unit bleed air with an alternative

supply of air for the aircraft passengers and crew.

(3) SCOPE.—The study shall include an assessment and

quantitative analysis of each of the following:

(A) Contaminants of concern, as determined by the National Academy of Sciences.

(B) The systems of air supply on aircraft, including the

identification of means by which contaminants may enter

such systems.

(C) The toxicological and health effects of the contaminants of concern, their byproducts, and the products of

their degradation.

(D) Any contaminant used in the maintenance, operation, or treatment of aircraft, if a passenger or a member

of the air crew may be directly exposed to the contaminant.

(E) Actual measurements of the contaminants of concern in the air of passenger cabins during actual flights in

air transportation or foreign air transportation, along with

comparisons of such measurements to actual measurements

taken in public buildings.

(4) PROVISION OF CURRENT DATA.—The Administrator shall

collect all data of the Federal Aviation Administration that is

relevant to the study and make the data available to the National Academy of Sciences in order to complete the study.

(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.—

(1) IN GENERAL.—The Administrator may consider the feasibility of using the flight data recording system on aircraft to

monitor and record appropriate data related to air inflow quality, including measurements of the exposure of persons aboard

the aircraft to contaminants during normal aircraft operation

and during incidents involving air quality problems.

(2) PASSENGER CABINS.—The Administrator may also consider the feasibility of using the flight data recording system to

monitor and record data related to the air quality in passengers

cabins of aircraft.

SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE LEVELS.

(a) DEVELOPMENT OF NEW STANDARDS.—The Secretary shall

continue to work to develop through the International Civil Aviation

Organization new performance standards for aircraft and aircraft

engines that will lead to a further reduction in aircraft noise levels.

(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STANDARDS.—In negotiating standards under subsection (a), the Secretary

shall give high priority to developing standards that—

(1) are performance based and can be achieved by use of a

full range of certifiable noise reduction technologies;

(2) protect the useful economic value of existing Stage 3 aircraft in the United States fleet;
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(3) ensure that United States air carriers and aircraft engine and hushkit manufacturers are not competitively disadvantaged;

(4) use dynamic economic modeling capable of determining

impacts on all aircraft in service in the United States fleet; and

(5) continue the use of a balanced approach to address aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace

operational improvements.

(c) ANNUAL REPORT.—Not later than July 1, 2000, and annually thereafter, the Secretary shall transmit to Congress a report regarding the application of new standards or technologies to reduce

aircraft noise levels.

SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION PROJECT.

Not later than 18 months after the date of enactment of this

Act, the Administrator shall work with the Taos Pueblo to study the

feasibility of conducting a demonstration project to require all aircraft that fly over Taos Pueblo and the Blue Lake Wilderness Area

of Taos Pueblo, New Mexico, to maintain a mandatory minimum altitude of at least 5,000 feet above ground level. In conducting the

study, the Administrator shall determine whether itinerant general

aviation aircraft should be exempt from any such requirement.

SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

The Administrator shall not terminate human weather observers for Automated Surface Observation System stations until—

(1) the Administrator determines that the system provides

consistent reporting of changing meteorological conditions and

notifies Congress in writing of that determination; and

(2) 60 days have passed since the report was transmitted to

Congress.

SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA.

(a) IN GENERAL.—A memorandum of agreement between the

Administrator and any person that directly obtains aircraft situational display data from the Federal Aviation Administration shall

require that—

(1) the person demonstrate to the satisfaction of the Administrator that the person is capable of selectively blocking the display of any aircraft-situation-display-to-industry derived data

related to any identified aircraft registration number; and

(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the Administration’s request.

(b) EXISTING MEMORANDA TO BE CONFORMED.—Not later than

30 days after the date of enactment of this Act, the Administrator

shall conform any memoranda of agreement, in effect on such date

of enactment, between the Federal Aviation Administration and a

person under which that person obtains aircraft situational display

data to incorporate the requirements of subsection (a).

SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS.

(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal year 2001,

the Secretary may hire or contract for such additional personnel as
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may be necessary to eliminate the backlog of pending equal employment opportunity complaints to the Department of Transportation

and to ensure that investigations of complaints are completed not

later than 180 days after the date of initiation of the investigation.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $2,000,000 for fiscal year

2001.

SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

The Department of Airports of the city of Los Angeles may grant

an easement to the California Department of Transportation to

lands required to provide sufficient right-of-way to facilitate the construction of the California State Route 138 bypass, as proposed by

the California Department of Transportation, if the Department of

Airports can document or provide analysis that granting the easement will benefit the Department of Airports or local airport development to an extent equal to the value of the easement being granted.

SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.

(a) IN GENERAL.—Beginning on the date of enactment of this

Act, flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in

part 91 of title 14, Code of Federal Regulations.

(b) RULEMAKING PROCEEDING.—

(1) IN GENERAL.—The Administrator shall conduct a rulemaking proceeding and issue a final rule to modify the general

operating and flight rules referred to in subsection (a) by establishing special rules applicable to the flight operations conducted by Alaska guide pilots.

(2) CONTENTS OF RULES.—A final rule issued by the Administrator under paragraph (1) shall require Alaska guide

pilots—

(A) to operate aircraft inspected no less often than after

125 hours of flight time;

(B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations;

(C) to have at least 500 hours of flight time as a pilot;

(D) to have a commercial rating, as described in subpart F of part 61 of such title;

(E) to hold at least a second-class medical certificate,

as described in subpart C of part 67 of such title;

(F) to hold a current letter of authorization issued by

the Administrator; and

(G) to take such other actions as the Administrator determines necessary for safety.

(3) CONSIDERATION.—In making a determination to impose

a requirement under paragraph (2)(G), the Administrator shall

take into account the unique conditions associated with air

travel in the State of Alaska to ensure that such requirements

are not unduly burdensome.

(c) DEFINITIONS.—In this section, the following definitions

apply:
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(1) LETTER OF AUTHORIZATION.—The term ‘‘letter of authorization’’ means a letter issued by the Administrator once every

5 years to an Alaska guide pilot certifying that the pilot is in

compliance with general operating and flight rules applicable to

the pilot. In the case of a multi-pilot operation, at the election

of the operating entity, a letter of authorization may be issued

by the Administrator to the entity or to each Alaska guide pilot

employed by the entity.

(2) ALASKA GUIDE PILOT.—The term ‘‘Alaska guide pilot’’

means a pilot who—

(A) conducts aircraft operations over or within the

State of Alaska;

(B) operates single engine, fixed wing aircraft on floats,

wheels, or skis, providing commercial hunting, fishing, or

other guide services and related accommodations in the

form of camps or lodges; and

(C) transports clients by such aircraft incidental to

hunting, fishing, or other guide services.

SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.

Of the amounts made available pursuant to section

5117(b)(6)(B) of the Transportation Equity Act for the 21st Century

(23 U.S.C. 502 note; 112 Stat. 450), not to exceed $1,000,000 for

each of fiscal years 2000 and 2001 may be made available by the

Secretary to establish, at an Army depot that has been closed or realigned, a national transportation data center of excellence that

will—

(1) serve as a satellite facility for the central data repository

that is hosted by the computer center of the Transportation Administrative Service; and

(2) analyze transportation data collected by the Federal

Government, States, cities, and the transportation industry.

SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

(a) ESTABLISHMENT OF PANEL.—The Administrator—

(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the use and oversight of

aircraft and aviation component repair and maintenance facilities (in this section referred to as ‘‘aircraft repair facilities’’) located within, or outside of, the United States; and

(2) may seek the advice of the panel on any issue related

to methods to increase safety by improving the oversight of aircraft repair facilities.

(b) MEMBERSHIP.—The panel shall consist of—

(1) 9 members appointed by the Administrator as follows:

(A) 3 representatives of labor organizations representing aviation mechanics;

(B) 1 representative of cargo air carriers;

(C) 1 representative of passenger air carriers;

(D) 1 representative of aircraft repair facilities;

(E) 1 representative of aircraft manufacturers;

(F) 1 representative of on-demand passenger air carriers and corporate aircraft operations; and

(G) 1 representative of regional passenger air carriers;
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(2) 1 representative from the Department of Commerce, designated by the Secretary of Commerce;

(3) 1 representative from the Department of State, designated by the Secretary of State; and

(4) 1 representative from the Federal Aviation Administration, designated by the Administrator.

(c) RESPONSIBILITIES.—The panel shall—

(1) determine the amount and type of work that is being

performed by aircraft repair facilities located within, and outside of, the United States; and

(2) provide advice and counsel to the Secretary with respect

to the aircraft and aviation component repair work performed

by aircraft repair facilities and air carriers, staffing needs, and

any balance of trade or safety issues associated with that work.

(d) DOT TO REQUEST INFORMATION FROM AIR CARRIERS AND

REPAIR FACILITIES.—

(1) COLLECTION OF INFORMATION.—The Secretary, by regulation, shall require air carriers, foreign air carriers, domestic

repair facilities, and foreign repair facilities to submit such information as the Secretary may require in order to assess balance of trade and safety issues with respect to work performed

on aircraft used by air carriers, foreign air carriers, United

States corporate operators, and foreign corporate operators.

(2) DRUG AND ALCOHOL TESTING INFORMATION.—Included

in the information the Secretary requires under paragraph (1)

shall be information on the existence and administration of employee drug and alcohol testing programs in place at the foreign

repair facilities, if applicable. The Secretary, if necessary, shall

work with the International Civil Aviation Organization to increase the number and improve the administration of employee

drug and alcohol testing programs at the foreign repair facilities.

(3) DESCRIPTION OF WORK DONE.—Included in the information the Secretary requires under paragraph (1) shall be information on the amount and type of work performed on aircraft

registered in and outside of the United States.

(e) DOT TO FACILITATE COLLECTION OF INFORMATION ABOUT

AIRCRAFT MAINTENANCE.—The Secretary shall facilitate the collection of information from the National Transportation Safety Board,

the Federal Aviation Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities.

(f) DOT TO MAKE INFORMATION AVAILABLE TO PUBLIC.—The

Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority to

withhold trade secrets or commercial, financial, and other proprietary information under section 552 of title 5, United States Code.

(g) TERMINATION.—The panel established under subsection (a)

shall terminate on the earlier of—

(1) the date that is 2 years after the date of enactment of

this Act; or

(2) December 31, 2001.

(h) DEFINITIONS.—The definitions contained in section 40102 of

title 49, United States Code, shall apply to this section.
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SEC. 735. OPERATIONS OF AIR TAXI INDUSTRY.

(a) STUDY.—The Administrator, in consultation with the National Transportation Safety Board and other interested persons,

shall conduct a study of air taxi operators regulated under part 135

of title 14, Code of Federal Regulations.

(b) CONTENTS.—The study shall include an analysis of the size

and type of the aircraft fleet, relevant aircraft equipment, hours

flown, utilization rates, safety record by various categories of use

and aircraft type, sales revenues, and airports served by the air taxi

fleet.

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

of this Act, the Administrator shall transmit to Congress a report

on the results of the study.

SEC. 736. NATIONAL AIRSPACE REDESIGN.

(a) FINDINGS.—Congress makes the following findings:

(1) The national airspace, comprising more than 29 million

square miles, handles more than 55,000 flights per day.

(2) Almost 2,000,000 passengers per day traverse the

United States through 20 major en route centers, including

more than 700 different sectors.

(3) Redesign and review of the national airspace may

produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays.

(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry.

(b) REDESIGN.—The Administrator, with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system.

(c) REPORT.—Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report on the

Administrator’s comprehensive national airspace redesign. The report shall include projected milestones for completion of the redesign and shall also include a date for completion.

(d) AUTHORIZATION.—There is authorized to be appropriated to

the Administrator to carry out this section $12,000,000 for each of

fiscal years 2000, 2001, and 2002.

SEC. 737. COMPLIANCE WITH REQUIREMENTS.

Notwithstanding any other provision of law, in order to avoid

unnecessary duplication of expense and effort, the Secretary may authorize the use, in whole or in part, of a completed environmental

assessment or environmental impact study for new construction

projects on the air operations area of an airport, if the completed

assessment or study was for a project at the airport that is substantially similar in nature to the new project. Any such authorized use

shall meet all requirements of Federal law for the completion of

such an assessment or study.

SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

The Administrator is encouraged to consider any proposal with

a regional consensus submitted by a State aviation authority re-
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garding the expansion of existing airport facilities or the introduction of new airport facilities.

SEC. 739. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

(a) APPROVAL OF SALE.—To maintain the efficient utilization of

airports in the high-growth Cincinnati local airport system, and to

ensure that the Cincinnati-Municipal Blue Ash Airport continues to

operate to relieve congestion at Cincinnati-Northern Kentucky International Airport and to provide greater access to the general aviation community beyond the expiration of the city of Cincinnati’s

grant obligations, the Secretary may approve the sale of CincinnatiMunicipal Blue Ash Airport from the city of Cincinnati to the city

of Blue Ash upon a finding that the city of Blue Ash meets all applicable requirements for sponsorship and if the city of Blue Ash

agrees to continue to maintain and operate Blue Ash Airport, as

generally contemplated and described within the Blue Ash Master

Plan Update dated November 30, 1998, for a period of 20 years

from the date existing grant assurance obligations of the city of Cincinnati expire.

(b) TREATMENT OF PROCEEDS FROM SALE.—The Secretary and

the Administrator are authorized to grant the city of Cincinnati an

exemption from the provisions of sections 47107 and 47133 of title

49, United States Code, grant obligations of the city of Cincinnati,

and regulations and policies of the Federal Aviation Administration, to the extent necessary to allow the city of Cincinnati to use

the proceeds from the sale approved under subsection (a) for any

purpose authorized by the city of Cincinnati.

SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR

USE IN RESPONDING TO OIL SPILLS.

(a) AUTHORITY.—

(1) SALE OF AIRCRAFT AND AIRCRAFT PARTS.—Notwithstanding section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the Secretary of Defense may sell, during

the period beginning on the date of enactment of this Act and

ending September 30, 2002, aircraft and aircraft parts referred

to in paragraph (2) to a person or entity that provides oil spill

response services (including the application of oil dispersants by

air) pursuant to an oil spill response plan that has been approved by the Secretary of the Department in which the Coast

Guard is operating.

(2) AIRCRAFT AND AIRCRAFT PARTS THAT MAY BE SOLD.—

The aircraft and aircraft parts that may be sold under paragraph (1) are aircraft and aircraft parts of the Department of

Defense that are determined by the Secretary of Defense to be—

(A) excess to the needs of the Department; and

(B) acceptable for commercial sale.

(b) CONDITIONS OF SALE.—Aircraft and aircraft parts sold

under subsection (a)—

(1) shall have as their primary purpose usage for oil spill

spotting, observation, and dispersant delivery and may not have

any secondary purpose that would interfere with oil spill response efforts under an oil spill response plan; and
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(2) may not be flown outside of or removed from the United

States except for the purpose of fulfilling an international agreement to assist in oil spill dispersing efforts, for immediate response efforts for an oil spill outside United States waters that

has the potential to threaten United States waters, or for other

purposes that are jointly approved by the Secretary of Defense

and the Secretary of Transportation.

(c) CERTIFICATION OF PERSONS AND ENTITIES.—The Secretary

of Defense may sell aircraft and aircraft parts to a person or entity

under subsection (a) only if the Secretary of Transportation certifies

to the Secretary of Defense, in writing, before the sale, that the person or entity is capable of meeting the terms and conditions of a

contract to deliver oil spill dispersants by air, and that the overall

system to be employed by that person or entity for the delivery and

application of oil spill dispersants has been sufficiently tested to ensure that the person or entity is capable of being included in an oil

spill response plan that has been approved by the Secretary of the

Department in which the Coast Guard is operating.

(d) REGULATIONS.— (1) ISSUANCE.—As soon as practicable after the date of enactment of this Act, the Secretary of Defense, in consultation

with the Secretary of Transportation and the Administrator of

General Services, shall prescribe regulations relating to the sale

of aircraft and aircraft parts under this section.

(2) CONTENTS.—The regulations shall—

(A) ensure that the sale of the aircraft and aircraft

parts is made at a fair market value, as determined by the

Secretary of Defense, and, to the extent practicable, on a

competitive basis;

(B) require a certification by the purchaser that the aircraft and aircraft parts will be used only in accordance

with the conditions set forth in subsection (b);

(C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other operators in accordance with the conditions set forth in subsection (b) or pursuant to subsection

(e); and

(D) ensure, to the maximum extent practicable, that the

Secretary of Defense consults with the Administrator of

General Services and with the heads of appropriate departments and agencies of the Federal Government regarding

alternative requirements for such aircraft and aircraft

parts before the sale of such aircraft and aircraft parts

under this section.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of Defense may require such other terms and conditions in connection

with each sale of aircraft and aircraft parts under this section as

the Secretary considers appropriate for such sale. Such terms and

conditions shall meet the requirements of regulations prescribed

under subsection (d).

(f) REPORT.—Not later than March 31, 2002, the Secretary of

Defense shall transmit to the Committees on Armed Services and

Commerce, Science, and Transportation of the Senate and the Committees on National Security and Transportation and Infrastructure
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of the House of Representatives a report on the Secretary’s exercise

of authority under this section. The report shall set forth—

(1) the number and types of aircraft sold under the authority, and the terms and conditions under which the aircraft were

sold;

(2) the persons or entities to which the aircraft were sold;

and

(3) an accounting of the current use of the aircraft sold.

(g) STATUTORY CONSTRUCTION.—

(1) AUTHORITY OF ADMINISTRATOR.—Nothing in this section

may be construed as affecting the authority of the Administrator under any other provision of law.

(2) CERTIFICATION REQUIREMENTS.—Nothing in this section

may be construed to waive, with respect to an aircraft sold

under the authority of this section, any requirement to obtain

a certificate from the Administrator to operate the aircraft for

any purpose (other than oil spill spotting, observation, and dispersant delivery) for which such a certificate is required.

(h) PROCEEDS FROM SALE.—The net proceeds of any amounts

received by the Secretary of Defense from the sale of aircraft and

aircraft parts under this section shall be covered into the general

fund of the Treasury as miscellaneous receipts.

SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS

SYSTEMS OUTSIDE THE UNITED STATES.

(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN

CRS SYSTEMS.—Section 41310 is amended by adding at the end the

following:

‘‘(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN

CRS SYSTEMS.—The Secretary of Transportation may take such actions as the Secretary considers are in the public interest to eliminate an activity of a foreign air carrier that owns or markets a computer reservations system, or of a computer reservations system firm

whose principal offices are located outside the United States, when

the Secretary, on the initiative of the Secretary or on complaint, decides that the activity, with respect to airline service—

‘‘(1) is an unjustifiable or unreasonable discriminatory,

predatory, or anticompetitive practice against a computer reservations system firm whose principal offices are located inside

the United States; or

‘‘(2) imposes an unjustifiable or unreasonable restriction on

access of such a computer reservations system to a foreign market.’’.

(b) COMPLAINTS BY CRS FIRMS.—Section 41310 is amended—

(1) in subsection (d)(1)—

(A) by striking ‘‘air carrier’’ in the first sentence and inserting ‘‘air carrier, computer reservations system firm,’’;

(B) by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (c) or (g)’’; and

(C) by striking ‘‘air carrier’’ in subparagraph (B) and

inserting ‘‘air carrier or computer reservations system

firm’’; and

(2) in subsection (e)(1) by inserting ‘‘or a computer reservations system firm is subject when providing services with re-
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spect to airline service’’ before the period at the end of the first

sentence.

SEC. 742. SPECIALTY METALS CONSORTIUM.

(a) IN GENERAL.—The Administrator may work with a consortium of domestic metal producers and aircraft engine manufacturers to improve the quality of turbine engine materials and to address melting technology enhancements.

(b) REPORT.—Not later than 6 months after entering into an

agreement with a consortium described in subsection (a), the Administrator shall transmit to Congress a report on the goals and efforts of the consortium.

SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.

(a) IN GENERAL.—The Administrator may conduct a study on

the impact of alkali silica reactivity distress on airport runways and

taxiways and the use of lithium salts and other alternatives for

mitigation and prevention of such distress. The study shall include

a determination based on in-the-field inspections followed by

petrographic analysis or other similar techniques.

(b) AUTHORITY TO MAKE GRANTS.—The Administrator may

carry out the study by making a grant to, or entering into a cooperative agreement with, a nonprofit organization for the conduct of all

or a part of the study.

(c) REPORT.—Not later than 18 months after the date of initiation of the study under subsection (a), the Administrator shall

transmit to Congress a report on the results of the study.

SEC. 744. ROLLING STOCK EQUIPMENT.

(a) IN GENERAL.—Section 1168 of title 11, United States Code,

is amended to read as follows:

‘‘§ 1168. Rolling stock equipment

‘‘(a)(1) The right of a secured party with a security interest in

or of a lessor or conditional vendor of equipment described in paragraph (2) to take possession of such equipment in compliance with

an equipment security agreement, lease, or conditional sale contract,

and to enforce any of its other rights or remedies under such security agreement, lease, or conditional sale contract, to sell, lease, or

otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power

of the court, except that right to take possession and enforce those

other rights and remedies shall be subject to section 362, if—

‘‘(A) before the date that is 60 days after the date of commencement of a case under this chapter, the trustee, subject to

the court’s approval, agrees to perform all obligations of the

debtor under such security agreement, lease, or conditional sale

contract; and

‘‘(B) any default, other than a default of a kind described

in section 365(b)(2), under such security agreement, lease, or

conditional sale contract—

‘‘(i) that occurs before the date of commencement of the

case and is an event of default therewith is cured before the

expiration of such 60-day period;
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‘‘(ii) that occurs or becomes an event of default after the

date of commencement of the case and before the expiration

of such 60-day period is cured before the later of—

‘‘(I) the date that is 30 days after the date of the

default or event of the default; or

‘‘(II) the expiration of such 60-day period; and

‘‘(iii) that occurs on or after the expiration of such 60-

day period is cured in accordance with the terms of such

security agreement, lease, or conditional sale contract, if

cure is permitted under that agreement, lease, or conditional sale contract.

‘‘(2) The equipment described in this paragraph—

‘‘(A) is rolling stock equipment or accessories used on rolling stock equipment, including superstructures or racks, that is

subject to a security interest granted by, leased to, or conditionally sold to a debtor; and

‘‘(B) includes all records and documents relating to such

equipment that are required, under the terms of the security

agreement, lease, or conditional sale contract, that is to be surrendered or returned by the debtor in connection with the surrender or return of such equipment.

‘‘(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party.

‘‘(b) The trustee and the secured party, lessor, or conditional

vendor whose right to take possession is protected under subsection

(a) may agree, subject to the court’s approval, to extend the 60-day

period specified in subsection (a)(1).

‘‘(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in

subsection (a)(2), if at any time after the date of commencement of

the case under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession of the trustee.

‘‘(2) At such time as the trustee is required under paragraph (1)

to surrender and return equipment described in subsection (a)(2),

any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security

agreement or conditional sale contract is an executory contract,

shall be deemed rejected.

‘‘(d) With respect to equipment first placed in service on or prior

to October 22, 1994, for purposes of this section—

‘‘(1) the term ‘lease’ includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous

writing that the agreement is to be treated as a lease for Federal income tax purposes; and

‘‘(2) the term ‘security interest’ means a purchase-money

equipment security interest.

‘‘(e) With respect to equipment first placed in service after October 22, 1994, for purposes of this section, the term ‘rolling stock
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equipment’ includes rolling stock equipment that is substantially rebuilt and accessories used on such equipment.’’.

(b) AIRCRAFT EQUIPMENT AND VESSELS.—Section 1110 of title

11, United States Code, is amended to read as follows:

‘‘§ 1110. Aircraft equipment and vessels

‘‘(a)(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in

equipment described in paragraph (3), or of a lessor or conditional

vendor of such equipment, to take possession of such equipment in

compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such

security agreement, lease, or conditional sale contract, to sell, lease,

or otherwise retain or dispose of such equipment, is not limited or

otherwise affected by any other provision of this title or by any

power of the court.

‘‘(2) The right to take possession and to enforce the other rights

and remedies described in paragraph (1) shall be subject to section

362 if—

‘‘(A) before the date that is 60 days after the date of the

order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and

‘‘(B) any default, other than a default of a kind specified in

section 365(b)(2), under such security agreement, lease, or conditional sale contract—

‘‘(i) that occurs before the date of the order is cured before the expiration of such 60-day period;

‘‘(ii) that occurs after the date of the order and before

the expiration of such 60-day period is cured before the

later of—

‘‘(I) the date that is 30 days after the date of the

default; or

‘‘(II) the expiration of such 60-day period; and

‘‘(iii) that occurs on or after the expiration of such 60-

day period is cured in compliance with the terms of such

security agreement, lease, or conditional sale contract, if a

cure is permitted under that agreement, lease, or contract.

‘‘(3) The equipment described in this paragraph—

‘‘(A) is—

‘‘(i) an aircraft, aircraft engine, propeller, appliance, or

spare part (as defined in section 40102 of title 49) that is

subject to a security interest granted by, leased to, or conditionally sold to a debtor that, at the time such transaction

is entered into, holds an air carrier operating certificate

issued pursuant to chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 pounds or

more of cargo; or

‘‘(ii) a documented vessel (as defined in section

30101(1) of title 46) that is subject to a security interest

granted by, leased to, or conditionally sold to a debtor that

is a water carrier that, at the time such transaction is entered into, holds a certificate of public convenience and ne-
123

cessity or permit issued by the Department of Transportation; and

‘‘(B) includes all records and documents relating to such

equipment that are required, under the terms of the security

agreement, lease, or conditional sale contract, to be surrendered

or returned by the debtor in connection with the surrender or

return of such equipment.

‘‘(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party.

‘‘(b) The trustee and the secured party, lessor, or conditional

vendor whose right to take possession is protected under subsection

(a) may agree, subject to the approval of the court, to extend the 60-

day period specified in subsection (a)(1).

‘‘(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in

subsection (a)(3), if at any time after the date of the order for relief

under this chapter such secured party, lessor, or conditional vendor

is entitled pursuant to subsection (a)(1) to take possession of such

equipment and makes a written demand for such possession to the

trustee.

‘‘(2) At such time as the trustee is required under paragraph (1)

to surrender and return equipment described in subsection (a)(3),

any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security

agreement or conditional sale contract is an executory contract,

shall be deemed rejected.

‘‘(d) With respect to equipment first placed in service on or before October 22, 1994, for purposes of this section—

‘‘(1) the term ‘lease’ includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous

writing that the agreement is to be treated as a lease for Federal income tax purposes; and

‘‘(2) the term ‘security interest’ means a purchase-money

equipment security interest.’’.

SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.

(a) IN GENERAL.—The Comptroller General of the United States

shall conduct a study on airport noise in the United States.

(b) CONTENTS OF STUDY.—In conducting the study, the Comptroller General shall examine—

(1) the selection of noise measurement methodologies used

by the Administrator;

(2) the threshold of noise at which health begins to be affected;

(3) the effectiveness of noise abatement programs at airports located in the United States;

(4) the impacts of aircraft noise on communities, including

schools;

(5) the noise assessment practices of the Federal Aviation

Administration and whether such practices fairly and accurately reflect the burden of noise on communities; and
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(6) the items requested to be examined by certain members

of the House of Representatives in a letter relating to aircraft

noise to the Comptroller General dated April 30, 1999.

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

of this Act, the Comptroller General shall transmit to Congress a report on the results of the study.

SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.

(a) IN GENERAL.—The Administrator shall conduct a study on

recent changes to the flight patterns of aircraft using Sky Harbor

Airport in Phoenix, Arizona, and the effects of such changes on the

noise contours in the Phoenix, Arizona, region.

(b) REPORT.—

(1) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act, the Administrator shall transmit to Congress a report containing the results of the study conducted

under subsection (a) and recommendations for measures to

mitigate aircraft noise over populated areas in the Phoenix, Arizona, region.

(2) AVAILABILITY TO THE PUBLIC.—The Administrator shall

make the report described in paragraph (1) available to the

public.

SEC. 747. NONMILITARY HELICOPTER NOISE.

(a) IN GENERAL.—The Secretary shall conduct a study—

(1) on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United

States; and

(2) to develop recommendations for the reduction of the effects of nonmilitary helicopter noise.

(b) FOCUS.—In conducting the study, the Secretary shall focus

on air traffic control procedures to address helicopter noise problems and shall take into account the needs of law enforcement.

(c) CONSIDERATION OF VIEWS.—In conducting the study, the

Secretary shall consider the views of representatives of the helicopter

industry and organizations with an interest in reducing nonmilitary

helicopter noise.

(d) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall transmit to Congress a report on the

results of the study conducted under this section.

SEC. 748. NEWPORT NEWS, VIRGINIA.

(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section

16 of the Federal Airport Act (as in effect on May 14, 1947) or section 47125 of title 49, United States Code, the Secretary may, subject to section 47153 of such title (as in effect on June 1, 1998), and

subsection (b) of this section, waive with respect to airport property

parcels that, according to the Federal Aviation Administration approved airport layout plan for Newport News/Williamsburg International Airport, are no longer required for airport purposes from

any term contained in the deed of conveyance dated May 14, 1947,

under which the United States conveyed such property to the Peninsula Airport Commission for airport purposes of the Commission.

(b) CONDITIONS.—Any waiver granted by the Secretary under

subsection (a) shall be subject to the following conditions:
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(1) The Peninsula Airport Commission shall agree that, in

leasing or conveying any interest in the property with respect to

which waivers are granted under subsection (a), the Commission will receive an amount that is equal to the fair lease value

or the fair market value, as the case may be, as determined pursuant to regulations issued by the Secretary.

(2) Peninsula Airport Commission shall use any amount so

received only for the development, improvement, operation, or

maintenance of Newport News/Williamsburg International Airport.

SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE,

YAVAPAI COUNTY, ARIZONA.

(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as

in effect on October 31, 1956) or sections 47125 and 47153 of title

49, United States Code, and subject to this section, the Secretary of

Transportation may waive any term contained in the deed of conveyance dated October 31, 1956, by which the United States conveyed lands to the county of Yavapai, Arizona, for use by the county

for airport purposes.

(b) LIMITATION.—No waiver may be granted under subsection

(a) if the waiver would result in the closure of an airport.

(c) CONDITION.—The county of Yavapai, Arizona, shall agree

that, in leasing or conveying any interest in property to which the

deed of conveyance described in subsection (a) relates, the county

will receive an amount that is equal to the fair lease value or the

fair market value, as the case may be, as determined pursuant to

regulations issued by the Secretary.

SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE,

PINAL COUNTY, ARIZONA.

(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as

in effect on June 3, 1952) or sections 47125 and 47153 of title 49,

United States Code, and subject to this section, the Secretary of

Transportation may waive any term contained in the deed of conveyance dated June 3, 1952, by which the United States conveyed

lands to the county of Pinal, Arizona, for use by the county for airport purposes.

(b) LIMITATION.—No waiver may be granted under subsection

(a) if the waiver would result in the closure of an airport.

(c) CONDITION.—The county of Pinal, Arizona, shall agree that,

in leasing or conveying any interest in property to which the deed

of conveyance described in subsection (a) relates, the county will receive an amount that is equal to the fair lease value or the fair market value, as the case may be, as determined pursuant to regulations

issued by the Secretary.

SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION

OF HIGHER EDUCATION IN OKLAHOMA.

(a) IN GENERAL.—Notwithstanding any other provision of law,

including the Surplus Property Act of 1944 (58 Stat. 765, chapter

479; 50 U.S.C. App. 1622 et seq.), and subject to the requirements

of this section, the Secretary (or the appropriate Federal officer) may

waive, without charge, any of the terms contained in any deed of

conveyance described in subsection (b) that restrict the use of any

land described in such a deed that, as of the date of enactment of
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this Act, is not being used for the operation of an airport or for air

traffic. A waiver made under the preceding sentence shall be

deemed to be consistent with the requirements of section 47153 of

title 49, United States Code.

(b) DEED OF CONVEYANCE.—A deed of conveyance referred to in

subsection (a) is a deed of conveyance issued by the United States

before the date of enactment of this Act for the conveyance of lands

to a public institution of higher education in Oklahoma.

(c) USE OF LANDS SUBJECT TO WAIVER.— (1) IN GENERAL.—Notwithstanding any other provision of

law, the lands subject to a waiver under subsection (a) shall not

be subject to any term, condition, reservation, or restriction that

would otherwise apply to that land as a result of the conveyance

of that land by the United States to the institution of higher

education.

(2) USE OF REVENUES.—An institution of higher education

that is issued a waiver under subsection (a) shall use revenues

derived from the use, operation, or disposal of that land—

(A) for the airport; and

(B) to the extent that funds remain available, for

weather-related and educational purposes that primarily

benefit aviation.

(d) CONDITION.—An institution of higher education that is

issued a waiver under subsection (a), shall agree that, in leasing or

conveying any interest in land to which the deed of conveyance described in subsection (b) relates, the institution will receive an

amount that is equal to the fair lease value or the fair market value,

as the case may be, as determined pursuant to regulations issued

by the Secretary.

(e) GRANTS.— (1) IN GENERAL.—Notwithstanding any other provision of

law, if an institution of higher education that is subject to a

waiver under subsection (a) received financial assistance in the

form of a grant from the Federal Aviation Administration or a

predecessor agency before the date of enactment of this Act, then

the Secretary may waive the repayment of the outstanding

amount of any grant that the institution of higher education

would otherwise be required to pay.

(2) ELIGIBILITY TO RECEIVE SUBSEQUENT GRANTS.—Nothing

in paragraph (1) shall affect the eligibility of an institution of

higher education that is subject to that paragraph from receiving grants from the Secretary under chapter 471 of title 49,

United States Code, or under any other provision of law relating to financial assistance provided through the Federal Aviation Administration.

SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.

(a) IN GENERAL.—Subject to the requirements of this section,

the United States may release, without monetary consideration, all

restrictions, conditions, and limitations on the use, encumbrance, or

conveyance of certain land located in Grant Parish, Louisiana, identified as Tracts B, C, and D on the map entitled ‘‘Plat of Restricted

Properties/Former Pollock Army Airfield, Pollock, Louisiana’’,

dated August 1, 1996, to the extent such restrictions, conditions, and

limitations are enforceable by the United States, but the United
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States shall retain the right of access to, and use of, that land for

national defense purposes in time of war or national emergency.

(b) CONDITIONS.—Any release under subsection (a) shall be subject to the following conditions:

(1) In leasing or conveying any interest in the land with respect to which releases are granted under subsection (a), the

party owning the property after the releases shall receive an

amount that is equal to the fair lease value or the fair market

value, as the case may be, as determined pursuant to regulations issued by the Secretary.

(2) Any amount so received may be used only for the development, improvement, operation, or maintenance of the airport.

SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

(a) IN GENERAL.—Subject to subsection (b), the Secretary may

grant a release from any term or condition in a grant agreement for

the development or improvement of the Raleigh County Memorial

Airport, West Virginia, if the Secretary determines that the property

to which the release applies—

(1) does not exceed 400 acres; and

(2) is not needed for airport purposes.

(b) CONDITION.—The proceeds of the sale of any property to

which a release under subsection (a) applies shall be used for airport purposes.

SEC. 754. IDITAROD AREA SCHOOL DISTRICT.

Notwithstanding any other provision of law (including section

47125 of title 49, United States Code), the Administrator of the Federal Aviation Administration, or the Administrator of General Services, may convey to the Iditarod Area School District without reimbursement all right, title, and interest in 12 acres of property at

Lake Minchumina, Alaska, identified by the Administrator of the

Federal Aviation Administration, including the structures known as

housing units 100 through 105 and as utility building 301.

SEC. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND COCKPIT VOICE RECORDERS.

(a) STUDY.—The Administrator shall conduct a study on the

need for an alternative power source for on-board flight data recorders and cockpit voice recorders.

(b) REPORT.—Not later than 120 days after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study.

(c) COORDINATION WITH NTSB.—If, before submitting the report, the Administrator determines, after consultation with the National Transportation Safety Board, that the Board is preparing recommendations with respect to the matter to be studied under this

section and will issue the recommendations within a reasonable period of time, the Administrator shall transmit to Congress a report

containing the Administrator’s comments on the Board’s recommendations rather than conducting a separate study under this

section.

SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION

SYSTEM.

The Administrator shall develop a national policy and related

procedures concerning the Terminal Automated Radar Display and
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Information System and sequencing for visual flight rule air traffic

control towers.

SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFICATION PROCESS AND DYNAMIC TESTING REQUIREMENTS.

(a) WORKING GROUPS.—Not later than 3 months after the date

of enactment of this Act, the Administrator shall form a working

group comprised of both government and industry representatives to

make recommendations for streamlining the seat and restraint system certification process and the 16g dynamic testing requirements

under part 25 of title 14, Code of Federal Regulations, to focus on

reducing both the cost and the length of time associated with certification of aircraft seats and restraints.

(b) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall transmit to Congress a report

on the findings of the working group.

SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR

TRAFFIC OVER NORTHERN DELAWARE.

(a) DEFINITION.—The term ‘‘Brandywine Intercept’’ means the

point over Brandywine Hundred in northern Delaware that pilots

use for guidance and maintenance of safe operation from other aircraft and over which most aircraft pass on their East Operations

approach to Philadelphia International Airport.

(b) FINDINGS.—Congress makes the following findings:

(1) The Brandywine Hundred area of New Castle County,

Delaware, serves as a major approach causeway to Philadelphia International Airport’s East Operations runways.

(2) The standard of altitude over the Brandywine Intercept

is 3,000 feet, with airport scatter charts indicating that within

a given hour of consistent weather and visibility aircraft fly

over the Brandywine Hundred at anywhere from 2,500 to 4,000

feet.

(3) Lower airplane altitudes result in increased ground

noise.

(c) SENSE OF THE SENATE.—It is the sense of the Senate that

the Secretary should—

(1) include northern Delaware in any study of aircraft noise

conducted under part 150 of title 14, Code of Federal Regulations, required under the National Environmental Policy Act of

1969 for the redesign of the airspace surrounding Philadelphia

International Airport;

(2) study the feasibility, consistent with safety, of placing

the approach causeway for Philadelphia International Airport’s

East Operations over the Delaware River (instead of Brandywine Hundred); and

(3) study the feasibility of increasing the standard altitude

over the Brandywine Intercept from 3,000 feet to 4,000 feet.

SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.

Not later than August 1, 2000, the Administrator shall transmit to Congress a definitive plan for the continued implementation

of Free Flight Phase I operational capabilities for fiscal years 2003

through 2005. The plan shall include and address the recommendations concerning operational capabilities for fiscal years 2003
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through 2005 due to be made by the RTCA Free Flight Steering

Committee in December 1999 that was established at the direction

of the Federal Aviation Administration. The plan shall also include

budget estimates for the implementation of these operational capabilities.

SEC. 760. SENSE OF CONGRESS REGARDING PROTECTING THE FREQUENCY SPECTRUM USED FOR AVIATION COMMUNICATION.

It is the sense of Congress that with the World Radio Communication Conference scheduled to begin in May 2000 and the need

to ensure that the frequency spectrum available for aviation communication and navigation is adequate, the Federal Aviation Administration, working with appropriate Federal agencies and departments, should—

(1) give high priority to developing a national policy to protect the frequency spectrum used for the Global Positioning System that is critical to aviation communications and the safe operation of aircraft; and

(2) expedite the appointment of the United States Ambassador to the World Radio Communication Conference.

SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF AIR

FORCE BASE, ALASKA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Interior

and the Secretaries of the Army, Air Force, or such other military

departments as may be necessary and appropriate may convey to the

Alaska Railroad Corporation for purposes of track realignment all

right, title, and interest of the United States in and to approximately 227 acres of land located on Fort Richardson and on Elmendorf Air Force Base, Alaska, in the vicinity of, and in exchange for

all right, title and interest of the Alaska Railroad Corporation in,

approximately 229 acres of railroad right-of-way located between

railroad mileposts 117 and 129.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by surveys satisfactory to each Secretary. The

cost of the surveys shall be borne by the Alaska Railroad Corporation.

(c) ADDITIONAL TERMS AND CONDITIONS.—Each Secretary may

require as to the real property under his jurisdiction such additional terms and conditions in connection with the conveyances

under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. The interest conveyed by the

Alaska Railroad Corporation to the United States under subsection

(a) shall be the full title and interest received by the Corporation

under the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et

seq.). The individual parcels of real property conveyed to the United

States under this section shall be incorporated into the appropriate

land withdrawals for the military installation in which they are situated or which surround them. The interest conveyed to the Corporation by each Secretary under subsection (a) shall be subject to

the same reservations and limitations under the Alaska Railroad

Transfer Act of 1982 as are currently applicable to the right-of-way

for which the land is being exchanged.
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(d) SAVINGS CLAUSE.—Nothing in this section affects the duties,

responsibilities, and liability of the Federal Government under the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands exchanged under this section.

SEC. 762. BILATERAL RELATIONSHIP.

(a) FINDINGS.—Congress makes the following findings:

(1) The current agreement between the United States and

the United Kingdom for operating rights between the 2 countries, known as Bermuda II, is one of the most restrictive bilateral agreements the United States has with a developed aviation power that provides substantially greater opportunities and

has resulted in a disproportionate market share in favor of

United Kingdom carriers over United States carriers.

(2) The United States has attempted in good faith to negotiate a new bilateral agreement, but the United Kingdom has

been unwilling to accept or introduce reasonable proposals for

a new agreement.

(3) Because of the United Kingdom’s unwillingness to accept reasonable proposals advanced by the United States, the

latest rounds of negotiations between the United States and the

United Kingdom for new operating rights have failed to

produce an agreement between the 2 countries.

(4) The Secretary has the discretionary authority to revoke

the exemption held by British carriers to operate the Concorde

aircraft into the United States.

(b) CONSIDERATION OF EXERCISING AUTHORITY.—The Secretary

should immediately consider whether exercise of his authority to revoke the Concorde exemption would be an appropriate and effective

response to the present unsatisfactory situation.

(c) CONSIDERATION OF OTHER REMEDIES.—The Secretary

should immediately consider whether it would be effective and appropriate to execute other remedies available to the United States

Government, including—

(1) revoking all slots and slot exemptions held by British

air carriers at all United States slot-restricted airports;

(2) rescinding current exemptions or permits under the Bermuda II bilateral to prohibit flights by British carriers to the

United States; or

(3) renunciation of the current Bermuda II bilateral.

TITLE VIII—NATIONAL PARKS AIR TOUR

MANAGEMENT

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘National Parks Air Tour Management Act of 2000’’.

SEC. 802. FINDINGS.

Congress finds that—

(1) the Federal Aviation Administration has sole authority

to control airspace over the United States;
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(2) the Federal Aviation Administration has the authority

to preserve, protect, and enhance the environment by minimizing, mitigating, or preventing the adverse effects of aircraft

overflights on public and tribal lands;

(3) the National Park Service has the responsibility of conserving the scenery and natural and historic objects and wildlife in national parks and of providing for the enjoyment of the

national parks in ways that leave the national parks

unimpaired for future generations;

(4) the protection of tribal lands from aircraft overflights is

consistent with protecting the public health and welfare and is

essential to the maintenance of the natural and cultural resources of Indian tribes;

(5) the National Parks Overflights Working Group, composed of general aviation, commercial air tour, environmental,

and Native American representatives, recommended that the

Congress enact legislation based on the Group’s consensus work

product; and

(6) this title reflects the recommendations made by that

Group.

SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

(a) IN GENERAL.—Chapter 401 (as amended by section 706(a)

of this Act) is further amended by adding at the end the following:

‘‘§ 40128. Overflights of national parks

‘‘(a) IN GENERAL.— ‘‘(1) GENERAL REQUIREMENTS.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands except—

‘‘(A) in accordance with this section;

‘‘(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and

‘‘(C) in accordance with any applicable air tour management plan for the park or tribal lands.

‘‘(2) APPLICATION FOR OPERATING AUTHORITY.— ‘‘(A) APPLICATION REQUIRED.—Before commencing commercial air tour operations over a national park or tribal

lands, a commercial air tour operator shall apply to the

Administrator for authority to conduct the operations over

the park or tribal lands.

‘‘(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY

PARKS.—Whenever an air tour management plan limits the

number of commercial air tour operations over a national

park during a specified time frame, the Administrator, in

cooperation with the Director, shall issue operation specifications to commercial air tour operators that conduct

such operations. The operation specifications shall include

such terms and conditions as the Administrator and the

Director find necessary for management of commercial air

tour operations over the park. The Administrator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons interested in providing commercial air tour operations over the

park. In making a selection from among various proposals
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submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, including—

‘‘(i) the safety record of the person submitting the

proposal or pilots employed by the person;

‘‘(ii) any quiet aircraft technology proposed to be

used by the person submitting the proposal;

‘‘(iii) the experience of the person submitting the

proposal with commercial air tour operations over

other national parks or scenic areas;

‘‘(iv) the financial capability of the person submitting the proposal;

‘‘(v) any training programs for pilots provided by

the person submitting the proposal; and

‘‘(vi) responsiveness of the person submitting the

proposal to any relevant criteria developed by the National Park Service for the affected park.

‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.—In determining the number of authorizations to issue to provide

commercial air tour operations over a national park, the

Administrator, in cooperation with the Director, shall take

into consideration the provisions of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided

by any such operators, and the financial viability of each

commercial air tour operation.

‘‘(D) COOPERATION WITH NPS.—Before granting an application under this paragraph, the Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with subsection (b) and implement such plan.

‘‘(E) TIME LIMIT ON RESPONSE TO ATMP APPLICA- TIONS.—The Administrator shall make every effort to act on

any application under this paragraph and issue a decision

on the application not later than 24 months after it is received or amended.

‘‘(F) PRIORITY.—In acting on applications under this

paragraph to provide commercial air tour operations over

a national park, the Administrator shall give priority to an

application under this paragraph in any case in which a

new entrant commercial air tour operator is seeking operating authority with respect to that national park.

‘‘(3) EXCEPTION.—Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of the title 14, Code

of Federal Regulations if—

‘‘(A) such activity is permitted under part 119 of such

title;

‘‘(B) the operator secures a letter of agreement from the

Administrator and the national park superintendent for

that national park describing the conditions under which

the operations will be conducted; and

‘‘(C) the total number of operations under this exception

is limited to not more than 5 flights in any 30-day period

over a particular park.
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‘‘(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwithstanding subsection (c), an existing commercial air tour operator shall apply, not later than 90 days after the date of enactment of this section, for operating authority under part 119,

121, or 135 of title 14, Code of Federal Regulations. A new entrant commercial air tour operator shall apply for such authority before conducting commercial air tour operations over a national park or tribal lands. The Administrator shall make every

effort to act on any such application for a new entrant and

issue a decision on the application not later than 24 months

after it is received or amended.

‘‘(b) AIR TOUR MANAGEMENT PLANS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) IN GENERAL.—The Administrator, in cooperation

with the Director, shall establish an air tour management

plan for any national park or tribal land for which such

a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the

park. The air tour management plan shall be developed by

means of a public process in accordance with paragraph

(4).

‘‘(B) OBJECTIVE.—The objective of any air tour management plan shall be to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts,

if any, of commercial air tour operations upon the natural

and cultural resources, visitor experiences, and tribal

lands.

‘‘(2) ENVIRONMENTAL DETERMINATION.—In establishing an

air tour management plan under this subsection, the Administrator and the Director shall each sign the environmental decision document required by section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include

a finding of no significant impact, an environmental assessment, or an environmental impact statement and the record of

decision for the air tour management plan.

‘‘(3) CONTENTS.—An air tour management plan for a national park—

‘‘(A) may prohibit commercial air tour operations in

whole or in part;

‘‘(B) may establish conditions for the conduct of commercial air tour operations, including commercial air tour

routes, maximum or minimum altitudes, time-of-day restrictions, restrictions for particular events, maximum

number of flights per unit of time, intrusions on privacy on

tribal lands, and mitigation of noise, visual, or other impacts;

‘‘(C) shall apply to all commercial air tour operations

within 1⁄2 mile outside the boundary of a national park;

‘‘(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and

curfews) for the adoption of quiet aircraft technology by

commercial air tour operators conducting commercial air

tour operations at the park;
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‘‘(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations if the plan

includes a limitation on the number of commercial air tour

operations for any time period; and

‘‘(F) shall justify and document the need for measures

taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of decision.

‘‘(4) PROCEDURE.—In establishing an air tour management

plan for a national park or tribal lands, the Administrator and

the Director shall—

‘‘(A) hold at least one public meeting with interested

parties to develop the air tour management plan;

‘‘(B) publish the proposed plan in the Federal Register

for notice and comment and make copies of the proposed

plan available to the public;

‘‘(C) comply with the regulations set forth in sections

1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying with the regulations, the Federal Aviation Administration shall be the

lead agency and the National Park Service is a cooperating

agency); and

‘‘(D) solicit the participation of any Indian tribe whose

tribal lands are, or may be, overflown by aircraft involved

in a commercial air tour operation over the park or tribal

lands to which the plan applies, as a cooperating agency

under the regulations referred to in subparagraph (C).

‘‘(5) JUDICIAL REVIEW.—An air tour management plan developed under this subsection shall be subject to judicial review.

‘‘(6) AMENDMENTS.—The Administrator, in cooperation

with the Director, may make amendments to an air tour management plan. Any such amendments shall be published in the

Federal Register for notice and comment. A request for amendment of an air tour management plan shall be made in such

form and manner as the Administrator may prescribe.

‘‘(c) INTERIM OPERATING AUTHORITY.—

‘‘(1) IN GENERAL.—Upon application for operating authority, the Administrator shall grant interim operating authority

under this subsection to a commercial air tour operator for commercial air tour operations over a national park or tribal lands

for which the operator is an existing commercial air tour operator.

‘‘(2) REQUIREMENTS AND LIMITATIONS.—Interim operating

authority granted under this subsection—

‘‘(A) shall provide annual authorization only for the

greater of—

‘‘(i) the number of flights used by the operator to

provide the commercial air tour operations within the

12-month period prior to the date of enactment of this

section; or

‘‘(ii) the average number of flights per 12-month

period used by the operator to provide such operations

within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of
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flights so used during the season or seasons covered by

that 12-month period;

‘‘(B) may not provide for an increase in the number of

commercial air tour operations conducted during any time

period by the commercial air tour operator above the number that the air tour operator was originally granted unless

such an increase is agreed to by the Administrator and the

Director;

‘‘(C) shall be published in the Federal Register to provide notice and opportunity for comment;

‘‘(D) may be revoked by the Administrator for cause;

‘‘(E) shall terminate 180 days after the date on which

an air tour management plan is established for the park or

tribal lands;

‘‘(F) shall promote protection of national park resources, visitor experiences, and tribal lands;

‘‘(G) shall promote safe commercial air tour operations;

‘‘(H) shall promote the adoption of quiet technology, as

appropriate; and

‘‘(I) shall allow for modifications of the interim operating authority based on experience if the modification improves protection of national park resources and values and

of tribal lands.

‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— ‘‘(A) IN GENERAL.—The Administrator, in cooperation

with the Director, may grant interim operating authority

under this paragraph to an air tour operator for a national

park or tribal lands for which that operator is a new entrant air tour operator if the Administrator determines the

authority is necessary to ensure competition in the provision of commercial air tour operations over the park or tribal lands.

‘‘(B) SAFETY LIMITATION.—The Administrator may not

grant interim operating authority under subparagraph (A)

if the Administrator determines that it would create a safety problem at the park or on the tribal lands, or the Director determines that it would create a noise problem at the

park or on the tribal lands.

‘‘(C) ATMP LIMITATION.—The Administrator may grant

interim operating authority under subparagraph (A) of this

paragraph only if the air tour management plan for the

park or tribal lands to which the application relates has

not been developed within 24 months after the date of enactment of this section.

‘‘(d) EXEMPTIONS.—This section shall not apply to—

‘‘(1) the Grand Canyon National Park; or

‘‘(2) tribal lands within or abutting the Grand Canyon National Park.

‘‘(e) LAKE MEAD.—This section shall not apply to any air tour

operator while flying over or near the Lake Mead National Recreation Area, solely as a transportation route, to conduct an air tour

over the Grand Canyon National Park.

‘‘(f) DEFINITIONS.—In this section, the following definitions

apply:
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‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The term ‘commercial air tour operator’ means any person who conducts a commercial air tour operation.

‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERATOR.—The term

‘existing commercial air tour operator’ means a commercial air

tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at

any time during the 12-month period ending on the date of enactment of this section.

‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR.—The

term ‘new entrant commercial air tour operator’ means a commercial air tour operator that—

‘‘(A) applies for operating authority as a commercial

air tour operator for a national park or tribal lands; and

‘‘(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal

lands in the 12-month period preceding the application.

‘‘(4) COMMERCIAL AIR TOUR OPERATION.—

‘‘(A) IN GENERAL.—The term ‘commercial air tour operation’ means any flight, conducted for compensation or hire

in a powered aircraft where a purpose of the flight is sightseeing over a national park, within 1⁄2 mile outside the

boundary of any national park, or over tribal lands, during

which the aircraft flies—

‘‘(i) below a minimum altitude, determined by the

Administrator in cooperation with the Director, above

ground level (except solely for purposes of takeoff or

landing, or necessary for safe operation of an aircraft

as determined under the rules and regulations of the

Federal Aviation Administration requiring the pilot-incommand to take action to ensure the safe operation of

the aircraft); or

‘‘(ii) less than 1 mile laterally from any geographic

feature within the park (unless more than 1⁄2 mile outside the boundary).

‘‘(B) FACTORS TO CONSIDER.—In making a determination of whether a flight is a commercial air tour operation

for purposes of this section, the Administrator may

consider—

‘‘(i) whether there was a holding out to the public

of willingness to conduct a sightseeing flight for compensation or hire;

‘‘(ii) whether a narrative that referred to areas or

points of interest on the surface below the route of the

flight was provided by the person offering the flight;

‘‘(iii) the area of operation;

‘‘(iv) the frequency of flights conducted by the person offering the flight;

‘‘(v) the route of flight;

‘‘(vi) the inclusion of sightseeing flights as part of

any travel arrangement package offered by the person

offering the flight;
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‘‘(vii) whether the flight would have been canceled

based on poor visibility of the surface below the route

of the flight; and

‘‘(viii) any other factors that the Administrator and

the Director consider appropriate.

‘‘(5) NATIONAL PARK.—The term ‘national park’ means any

unit of the National Park System.

‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’ means Indian

country (as that term is defined in section 1151 of title 18) that

is within or abutting a national park.

‘‘(7) ADMINISTRATOR.—The term ‘Administrator’ means the

Administrator of the Federal Aviation Administration.

‘‘(8) DIRECTOR.—The term ‘Director’ means the Director of

the National Park Service.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 401

(as amended by section 706(b) of this Act) is further amended by

adding at the end the following:

‘‘40128. Overflights of national parks.’’.

(c) COMPLIANCE WITH OTHER REGULATIONS.—For purposes of

section 40126 of title 49, United States Code—

(1) regulations issued by the Secretary of Transportation

and the Administrator under section 3 of Public Law 100–91

(16 U.S.C. 1a–1 note), and

(2) commercial air tour operations carried out in compliance with the requirements of those regulations,

shall be deemed to meet the requirements of such section 40126.

SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

(a) QUIET TECHNOLOGY REQUIREMENTS.—Within 12 months

after the date of enactment of this Act, the Administrator shall designate reasonably achievable requirements for fixed-wing and helicopter aircraft necessary for such aircraft to be considered as employing quiet aircraft technology for purposes of this section. If the

Administrator determines that the Administrator will not be able to

make such designation before the last day of such 12-month period,

the Administrator shall transmit to Congress a report on the reasons for not meeting such time period and the expected date of such

designation.

(b) ROUTES OR CORRIDORS.—In consultation with the Director

and the advisory group established under section 805, the Administrator shall establish, by rule, routes or corridors for commercial air

tour operations (as defined in section 40126(e)(4) of title 49, United

States Code) by fixed-wing and helicopter aircraft that employ quiet

aircraft technology for—

(1) tours of the Grand Canyon originating in Clark County,

Nevada; and

(2) ‘‘local loop’’ tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,

provided that such routes or corridors can be located in areas that

will not negatively impact the substantial restoration of natural

quiet, tribal lands, or safety.

(c) OPERATIONAL CAPS.—Commercial air tour operations by any

fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft shall not be subject to

the operational flight allocations that apply to other commercial air
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tour operations of the Grand Canyon, provided that the cumulative

impact of such operations does not increase noise at the Grand Canyon.

(d) MODIFICATION OF EXISTING AIRCRAFT TO MEET STANDARDS.—A commercial air tour operation by a fixed-wing or helicopter aircraft in a commercial air tour operator’s fleet on the date

of enactment of this Act that meets the requirements designated

under subsection (a), or is subsequently modified to meet the requirements designated under subsection (a), may be used for commercial air tour operations under the same terms and conditions as

a replacement aircraft under subsection (c) without regard to whether it replaces an existing aircraft.

(e) MANDATE TO RESTORE NATURAL QUIET.—Nothing in this

Act shall be construed to relieve or diminish—

(1) the statutory mandate imposed upon the Secretary of

the Interior and the Administrator of the Federal Aviation Administration under Public Law 100–91 (16 U.S.C. 1a–1 note) to

achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park; and

(2) the obligations of the Secretary and the Administrator

to promulgate forthwith regulations to achieve the substantial

restoration of the natural quiet and experience at the Grand

Canyon National Park.

SEC. 805. ADVISORY GROUP.

(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Administrator and the Director of the National Park Service shall jointly establish an advisory group to provide continuing advice and counsel with respect to commercial air

tour operations over and near national parks.

(b) MEMBERSHIP.—

(1) IN GENERAL.—The advisory group shall be composed

of—

(A) a balanced group of—

(i) representatives of general aviation;

(ii) representatives of commercial air tour operators;

(iii) representatives of environmental concerns; and

(iv) representatives of Indian tribes;

(B) a representative of the Federal Aviation Administration; and

(C) a representative of the National Park Service.

(2) EX OFFICIO MEMBERS.—The Administrator (or the designee of the Administrator) and the Director (or the designee of

the Director) shall serve as ex officio members.

(3) CHAIRPERSON.—The representative of the Federal Aviation Administration and the representative of the National Park

Service shall serve alternating 1-year terms as chairman of the

advisory group, with the representative of the Federal Aviation

Administration serving initially until the end of the calendar

year following the year in which the advisory group is first appointed.

(c) DUTIES.—The advisory group shall provide advice, information, and recommendations to the Administrator and the Director—
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(1) on the implementation of this title and the amendments

made by this title;

(2) on commonly accepted quiet aircraft technology for use

in commercial air tour operations over a national park or tribal

lands, which will receive preferential treatment in a given air

tour management plan;

(3) on other measures that might be taken to accommodate

the interests of visitors to national parks; and

(4) at the request of the Administrator and the Director,

safety, environmental, and other issues related to commercial

air tour operations over a national park or tribal lands.

(d) COMPENSATION; SUPPORT; FACA.—

(1) COMPENSATION AND TRAVEL.—Members of the advisory

group who are not officers or employees of the United States,

while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their

homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5, United States Code, for persons in the

Government service employed intermittently.

(2) ADMINISTRATIVE SUPPORT.—The Federal Aviation Administration and the National Park Service shall jointly furnish to the advisory group clerical and other assistance.

(3) NONAPPLICATION OF FACA.—Section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.) does not apply to the

advisory group.

SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER

THE ROCKY MOUNTAIN NATIONAL PARK.

Effective beginning on the date of enactment of this Act, no commercial air tour operation may be conducted in the airspace over the

Rocky Mountain National Park notwithstanding any other provision of this Act or section 40126 of title 49, United States Code.

SEC. 807. REPORTS.

(a) OVERFLIGHT FEE REPORT.—Not later than 180 days after

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

to Congress a report on the effects overflight fees are likely to have

on the commercial air tour operation industry. The report shall include, but shall not be limited to—

(1) the viability of a tax credit for the commercial air tour

operators equal to the amount of any overflight fees charged by

the National Park Service; and

(2) the financial effects proposed offsets are likely to have

on Federal Aviation Administration budgets and appropriations.

(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not later than 2

years after the date of enactment of this Act, the Administrator and

the Director of the National Park Service shall jointly transmit a report to Congress on the effectiveness of this title in providing incentives for the development and use of quiet aircraft technology.

SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

Any methodology adopted by a Federal agency to assess air tour

noise in any unit of the national park system (including the Grand
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Canyon and Alaska) shall be based on reasonable scientific methods.

SEC. 809. ALASKA EXEMPTION.

The provisions of this title and section 40128 of title 49, United

States Code, as added by section 803(a), do not apply to any land

or waters located in Alaska.

TITLE IX—FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

Section 48102(a) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4)(J);

(2) by striking the period at the end of paragraph (5) and

inserting a semicolon; and

(3) by adding at the end the following:

‘‘(6) for fiscal year 2000, $224,000,000, including— ‘‘(A) $17,269,000 for system development and infrastructure projects and activities; ‘‘(B) $33,042,500 for capacity and air traffic management technology projects and activities; ‘‘(C) $11,265,400 for communications, navigation, and

surveillance projects and activities; ‘‘(D) $19,300,000 for weather projects and activities;

‘‘(E) $6,358,200 for airport technology projects and activities;

‘‘(F) $44,457,000 for aircraft safety technology projects

and activities;

‘‘(G) $53,218,000 for system security technology projects

and activities;

‘‘(H) $26,207,000 for human factors and aviation medicine projects and activities; ‘‘(I) $3,481,000 for environment and energy projects

and activities; and

‘‘(J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h);

‘‘(7) for fiscal year 2001, $237,000,000; and

‘‘(8) for fiscal year 2002, $249,000,000.’’.

SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

(a) IN GENERAL.—Section 44501(c) amended—

(1) in paragraph (2)(B)—

(A) by striking ‘‘and’’ at the end of clause (iii);

(B) by redesignating clause (iv) as clause (v) and inserting after clause (iii) the following:

‘‘(iv) identify the individual research and development

projects in each funding category that are described in the annual budget request;’’

(C) by striking the period at the end of clause (v) (as

so redesignated) and inserting in lieu thereof ‘‘; and’’; and

(D) by adding at the end the following:
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‘‘(vi) highlight the research and development technology

transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler

Technology Innovation Act of 1980.’’; and

(2) in paragraph (3) by inserting ‘‘The report shall be prepared in accordance with requirements of section 1116 of title

31.’’ after ‘‘effect for the prior fiscal year.’’.

(b) REQUIREMENT.—Not later than October 1, 2000, the Administrator of the National Aeronautics and Space Administration and

the Administrator of the Federal Aviation Administration shall

jointly prepare and transmit to the Congress an integrated civil

aviation research and development plan.

(c) CONTENTS.—The plan required by subsection (b) shall

include—

(1) an identification of the respective research and development requirements, roles, and responsibilities of the National

Aeronautics and Space Administration and the Federal Aviation Administration;

(2) formal mechanisms for the timely sharing of information between the National Aeronautics and Space Administration and the Federal Aviation Administration; and

(3) procedures for increased communication and coordination between the Federal Aviation Administration research advisory committee established under section 44508 of title 49,

United States Code, and the NASA Aeronautics and Space

Transportation Technology Advisory Committee.

SEC. 903. INTERNET AVAILABILITY OF INFORMATION.

The Administrator shall make available through the Internet

home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act. Nothing in this section

shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.

SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

Section 44504(b)(1) is amended by inserting ‘‘, including nonstructural aircraft systems,’’ after ‘‘life of aircraft’’.

SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

The Administrator shall consider awards to nonprofit concrete

pavement research foundations to improve the design, construction,

rehabilitation, and repair of rigid concrete airfield pavements to aid

in the development of safer, more cost-effective, and durable airfield

pavements. The Administrator may use a grant or cooperative

agreement for this purpose. Nothing in this section shall require the

Administrator to prioritize an airfield pavement research program

above safety, security, Flight 21, environment, or energy research

programs.

SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.

(a) IN GENERAL.—The Secretary, in consultation with the National Academy of Sciences and representatives of airports, shall

evaluate the applicability of the techniques used to fund and administer research under the National Highway Cooperative Research
142

Program and the National Transit Research Program to the research needs of airports.

(b) REPORT.—The Secretary shall transmit to Congress a report

on the results of the evaluation conducted under this section.

TITLE X—EXTENSION OF AIRPORT AND

AIRWAY TRUST FUND EXPENDITURE

AUTHORITY

SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.

(a) IN GENERAL.—Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 (relating to expenditures from Airport

and Airway Trust Fund) is amended—

(1) by striking ‘‘October 1, 1998’’ and inserting ‘‘October 1,

2003’’; and

(2) by inserting before the semicolon at the end of subparagraph (A) the following: ‘‘or the provisions of the Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999 providing for payments from the Airport and Airway

Trust Fund or the Interim Federal Aviation Administration Authorization Act or section 6002 of the 1999 Emergency Supplemental Appropriations Act, Public Law 106–59, or the Wendell

H. Ford Aviation Investment and Reform Act for the 21st Century’’.

(b) LIMITATION ON EXPENDITURE AUTHORITY.—Section 9502 of

such Code is amended by adding at the end the following new subsection:

‘‘(f) LIMITATION ON TRANSFERS TO TRUST FUND.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), no

amount may be appropriated or credited to the Airport and Airway Trust Fund on and after the date of any expenditure from

the Airport and Airway Trust Fund which is not permitted by

this section. The determination of whether an expenditure is so

permitted shall be made without regard to—

‘‘(A) any provision of law which is not contained or referenced in this title or in a revenue Act; and

‘‘(B) whether such provision of law is a subsequently

enacted provision or directly or indirectly seeks to waive the

application of this subsection.

‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1)

shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2003, in accordance with the provisions of this section.’’.

And the Senate agree to the same.

BUD SHUSTER,

DON YOUNG,

THOMAS E. PETRI,

JOHN J. DUNCAN, Jr.,

THOMAS W. EWING,

STEPHEN HORN,

JACK QUINN,

VERNON J. EHLERS,
143

CHARLES F. BASS, EDWARD A. PEASE, JOHN E. SWEENEY, JAMES L. OBERSTAR, NICK RAHALL, WILLIAM O. LIPINSKI, PETER DEFAZIO, JERRY F. COSTELLO, PAT DANNER, EDDIE BERNICE JOHNSON, JUANITA MILLENDER-MCDONALD, From the Committee on Ways and Means, for consideration of title XI of the House bill, and modifications committed to conference:

BILL ARCHER, PHIL CRANE, CHARLES B. RANGEL, From the Committee on Science, for consideration of title

XIII of the Senate amendment, and modifications committed to conference:

CONNIE MORELLA, RALPH M. HALL, Managers on the Part of the House.

From the Committee on Commerce, Science, and Transportation:

TED STEVENS,

CONRAD BURNS,

SLADE GORTON,

TRENT LOTT,

FRITZ HOLLINGS,

DANIEL K. INOUYE,

JOHN D. ROCKEFELLER IV,

JOHN F. KERRY,

From the Committee on the Budget:

PETE V. DOMENICI,

CHUCK GRASSLEY,

DON NICKLES,

KENT CONRAD,

Managers on the Part of the Senate.

(145)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 1000) to amend title 49,

United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, submit the following

joint statement to the House and the Senate in explanation of the

effect of the action agreed upon by the managers and recommended

in the accompanying conference report:

The Senate amendment struck all of the House bill after the

enacting clause and inserted a substitute text.

The House recedes from its disagreement to the amendment of

the Senate with an amendment that is a substitute for the House

bill and the Senate amendment. The differences between the House

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming

changes made necessary by agreements reached by the conferees,

and minor drafting and clerical changes.

1. SHORT TITLE

House Bill

Section 1: Aviation Investment and Reform Act for the 21st

Century.

Senate Amendment

Section 1(a): Air Transportation Improvement Act.

Conference Substitute

Section 1: Wendell H. Ford Aviation Investment and Reform

Act for the 21st Century.

2. LENGTH OF AUTHORIZATION

House Bill

The remainder of 1999 plus 5 years.

Senate Amendment

The rest of 1999 plus 2000, 2001, 2002.

Conference Substitute

Except for research title, the length of the authorization is 4

years—2000 through 2003.
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3. AIP AUTHORIZATION

House Bill

Section 101: $2.41 billion in FY 99, $2.475 billion in FY 2000,

$4 billion in 2001, $4.1 billion in 2002, $4.25 billion in 2003, $4.35

billion in 2004. Amends section 47104(c) in order to continue program.

Senate Amendment

Section 103: FY2000—$2.475 billion, FY2001—$2.410 billion,

FY2002—$2.410 billion.

Also amends sections 47104(c) to allow DOT to make grants.

Conference Substitute

Section 101 of the conference substitute: $2.475 in 2000, $3.2

billion in 2001 increasing $100 million each year thereafter.

Amends section 47104(c). Subsection (c) allows the FAA’s operations account to be reimbursed from the AIP program for money

spent to operate the airport office.

4. F & E AUTHORIZATION

House Bill

Section 102: Such sums as may be necessary in fiscal year 2000. $2.5 billion in fiscal year 2001. $3 billion in fiscal year 2002.

$3 billion in fiscal year 2003. $3 billion in fiscal year 2004.

Senate Amendment

Section 102: FY1999—$2.131 billion, FY2000–$2.689 billion,

FY2001–$2.799 billion, FY2002–$2.914 billion. Requires the establishment of life cycle cost estimates of ATC modernization projects

where life cycle cost estimate equals or exceeds $50 million.

Conference Substitute

Section 102: Senate amounts in 2000, $2.66 billion in 2001,

$2.914 billion in 2002, and $2.981 billion in 2003.

Section 102(e): Life cycle cost estimates from Senate bill.

The managers do not intend that the amounts authorized for

fiscal year 2001 through 2003 by section 48101 of Title 49 be used

for any programs, projects, or activities that were funded in fiscal

year 2000 solely in accounts other than the Facilities and Equipment Account (Treasury identification number 69–8107–0–7–402.

5. UNIVERSAL ACCESS SYSTEMS (UAS)

House Bill

Section 102(b): Authorizes $8 million for the voluntary purchase and installation of UAS.

Senate Amendment

No Provision.

Conference Substitute

Section 102(b). Same as House bill. FAA is directed to work

with organizations representing airports and airline pilots to rap-
147

idly deploy the continuously-updated data needed on approved

flight crew members that will allow universal access systems to

properly operate. Existing systems that currently deliver data and

other information to airport computer systems should be used if

they will achieve rapid deployment and provide the best cost, benefit, and security of standard data. The FAA should partner with

industry to develop the universal data and standards needed to

make such security systems quickly available, and utilize digital

networks that are designed for airport sponsors and therefore

maximize the incentives to deploy universal security systems on a

voluntary basis.

6. ALASKA NATIONAL AIRSPACE INTER-FACILITY COMMUNICATIONS

SYSTEM (ANICS)

House Bill

Section 102(c): Authorizes $7.2 million from the F&E account

for this system.

ANICS is an Air Traffic Satellite Network that provides a

state-of-the-art-inter-facility communications system for the Federal Aviation Administration (FAA) Alaska region. The network

consists of four hub earth stations and up to 160 remote sites located throughout Alaska. Capable of providing critical air traffic

control and safety in one of the harshest environments on earth,

ANICS replaces an aging legacy system that is expensive to operate, limited in range, subject to failure, and lacking an existing

backup.

Senate Amendment

No Provision.

Conference Substitute

Section 102(c). Same as House bill.

7. AUTOMATED SURFACE OBSERVATION SYSTEM & AUTOMATED

WEATHER OBSERVING SYSTEM

House Bill

Section 102(d): Authorizes such sums as may be necessary

from the F&E account for upgrades to these systems if the upgrade

is successfully demonstrated.

Section 740: Directs FAA to contract with National Academy of

Sciences (NAS) to study the effectiveness of automated weather

forecasting systems at flight service stations where there is no

human weather observer.

Senate Amendment

Section 106: Prohibits FAA from terminating human weather

observers for ASOS stations until 60 days after DOT determines

that the system provides consistent reporting of changing weather

and notifies Congress in writing of that determination.

Section 446: Authorizes such sums as may be necessary out of

F&E account for upgrades to AWOS/ASOS systems, if the upgrade

is successfully demonstrated.

No provision on NAS study.
148

Conference Substitute

Sections 102(d) and 728: Senate.

8. FAA OPERATIONS AUTHORIZATION

House Bill

Section 103: Authorizes such sums as may be necessary in

2000. $6.45 billion in fiscal year 2001. $6.886 billion in fiscal year

2002. $7.357 billion in fiscal year 2003. $7.86 billion in fiscal year

2004.

Senate Amendment

Section 101: FY1999—$5.632 billion, FY2000—$5.784 billion,

at least $9.1 million of which shall be used to support air safety

efforts through payment of U.S. membership obligations. FY2001—

$6.073 billion. FY2002—$6.377 billion.

Conference Substitute

Section 103: $6.6 billion in 2001 and the House Operations authorization levels in subsequent years with Senate $9.1 million

payment for ICAO from Senate bill.

9. WILDLIFE HAZARD MITIGATION

House Bill

Section 103(a)(2)(A): Authorizes $450,000 per year from the

Operations account for wildlife hazard mitigation measures and

management of FAA wildlife strike database.

Senate Amendment

Section 101: Same provision.

Conference Substitute

Section 103(a): House & Senate.

10. UNIVERSITY CONSORTIUM

House Bill

Authorizes $2 million per year from the operations account for

a university consortium to provide an air safety and security certificate management program except that the money may not be

used to construct a building and must be awarded competitively.

Senate Amendment

Section 101: Authorizes $9.1 million for 3 fiscal years (starting

with FY2000) for the same purpose and with the same restrictions.

Conference Substitute

Section 103(a): Senate provision, beginning in 2001.

11. GENERAL AVIATION AND TILT-ROTOR AIRCRAFT

House Bill

Section 103(a)(3): Subparagraph (B) authorizes a general aviation and vertical flight office in FAA. Subparagraph (C) authorizes
149

such sums to revise air traffic control procedures to accommodate

tilt-rotor aircraft.

Senate Amendment

No Provision.

Conference Substitute

Section 103(a): Revise subparagraph (B) of House bill, now

Subparagraph (C), to read: Such sums as may be necessary to support infrastructure systems development for both general aviation

and the vertical flight industry. Section 103(a): House Subparagraph (C).

12. RUNWAY INCURSIONS

House Bill

Section 103(a)(2)(E): Authorizes $3 million per year to implement the 1998 airport surface operations safety plan.

Section 121 makes runway incursion prevention devices eligible for AIP grants and directs that these devices be considered

safety devices for the purposes of funding priorities.

Senate Amendment

Section 205(m): Specifies that ‘‘integrated in-pavement lighting

systems for runways and taxiways and other runway and taxiway

incursion prevention devices’’ are considered safety devices for purposes of airport development, making them AIP eligible.

Conference Substitute

Section 103(a): House provision but authorizes $3.3 million in

2000 and $3 million thereafter.

Section 121: Runway incursion devices as in House and Senate

bills.

13. EMERGENCY MEDICAL SERVICE (EMS)

House Bill

Section 103(a)(2)(D): Authorizes such sums as may be necessary for a helicopter infrastructure to accommodate EMS flights

to hospitals.

Senate Amendment

No Provision.

Conference Substitute

Section 103(a). Same as House bill.

14. AIR CARGO SECURITY

House Bill

Section 103(a): Authorizes such sums as may be necessary to

hire additional inspectors to enhance air cargo security.

Senate Amendment

No provision.
150

Conference Substitute

House.

15. SECURITY SCREENERS

House Bill

Section 103(a)(2)(G): Authorizes such sums as may be necessary to develop or improve training programs for security screeners at airports.

Senate Amendment

No provision.

Conference Substitute

Section 103(a): House bill but with revised language.

16. OFFICE OF AIRLINE INFORMATION

House bill

Section 103(d): Authorizes $4 million per year from the Trust

fund beginning in fiscal year 2001 to fund the Office of Airline Information in DOT’s Bureau of Transportation Statistics.

Senate Amendment

No provision.

Conference Substitute

Section 103(b): House.

17. FLOOR AND CAP ON AIP DISCRETIONARY FUND

House Bill

Section 104(a): Eliminates cap on discretionary fund. Floor

would be the amount needed to ensure letters of intent are funded.

Senate Amendment

Section 201: Eliminates $300 mil cap on discretionary fund.

Conference Substitute

No provision. The cap on the discretionary fund was eliminated

by section 5 of Public Law 106–6, 113 Stat. 10.

18. ENTITLEMENT FORMULA

House Bill

Section 104(b): Beginning in fiscal year 2001, triples primary

airport entitlement, triples the $500,000 minimum entitlement,

and eliminates the $22 million entitlement cap.

Senate Amendment

Section 205(i): Increases the minimum entitlement from

$500,000 to $650,000 beginning in FY2000.
151

Conference Substitute

Section 104: In any fiscal year in which the amounts actually

available for AIP are at least $3.2 billion, the minimum entitlement for primary airports is increased to $1 million, all other entitlements for primary airports are doubled and the primary airport

entitlement cap is raised to $26 million. If the amount actually

made available for AIP were less than $3.2 billion, the Senate provision (increasing the minimum entitlement to $650,000) would

apply, for that fiscal year.

19. ENTITLEMENT FOR PRIMARY AIRPORTS THAT HAD EXPERIENCED A

TEMPORARY BUT SIGNIFICANT INTERRUPTION IN AIR SERVICE

House Bill

Section 104(b)(2): FAA shall allow these primary airports to get

their previous year entitlement if the interruption in air service

there caused passenger traffic to fall below 10,000.

Senate Amendment

Section 205(k): Similar provision. Uses ‘‘may’’ rather than

‘‘shall.’’ Interruptions due to ‘‘an employment action, natural disaster, or other event unrelated to the demand for air transportation

at the affected airport.’’

Conference Substitute

Senate.

20. ENTITLEMENT FOR NEW AIRPORTS

House Bill

Section 104(b)(2): Allows new primary airports to get at least

the minimum entitlement.

Senate Amendment

No provision.

Conference Substitute

House. Section 104(a).

21. CARGO AIRPORTS

House Bill

Section 104(c): Increases the cargo airport entitlement from

2.5% to 3% of AIP.

Senate Amendment

Section 205(j): Same entitlement increase. Removes the 8-percent limitation on the amount that any one airport can receive

from the cargo apportionment.

Conference Substitute

Section 104(b): Senate except the 8% limitation is removed

only in years when the amount available for AIP is at least $3.2

billion.
152

22. STATE ENTITLEMENT

House Bill

Section 104(d): Increased from 18.5% to 20% beginning in fiscal

year 2001 with corresponding changes in the portion going to the

territories and possessions. Provides an annual entitlement for

each general aviation that is equal to 1⁄5 of the 5-year cost estimate

for airport improvements for that airport as listed in the NPIAS,

to a maximum of $200,000 per year.

Senate Amendment

No provision.

Conference Substitute

Section 104(c): No change in existing law except in those years

when the amount available for AIP is at least $3.2 billion. In those

cases, the House entitlement provision is adopted but the maximum entitlement for general aviation airports is reduced to

$150,000.

23. ALASKA, PUERTO RICO, HAWAII

House Bill

Section 104(e): Allows state entitlement money to be used at

any public airport in those states, not just general aviation airports.

Senate Amendment

Section 205(a): Same provision.

Conference Substitute

Section 104(c). House and Senate.

24. AIRFIELD PAVEMENT

House Bill

Section 104(g): Allows the use of State highway construction

standards for airfield pavement at non-primary airports served by

small aircraft (less than 60,000 pounds gross weight) if that will

not adversely affect safety or the life of the pavement.

Section 124: Makes pavement maintenance at general aviation

and small commercial service airports eligible for AIP grants.

Senate Amendment

Section 205(l): Similar provision except limited to airports with

runways that are 5,000 feet or less. An airport taking advantage

of this provision cannot apply for AIP funds for runway rehab or

reconstruction for 10 years.

Senate section 1306: Directs FAA to consider awards to nonprofit research foundations to study airfield pavement.

Conference Substitute

Section 104(c): Senate section 205 but allow an airport taking

advantage of this provision to apply and receive an AIP grant if the
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FAA determines the rehabilitation or reconstruction is necessary

for safety.

Section 123: Adopts House section 124.

Section 905: Adopts Senate section 1306.

25. PLANNING

House Bill

Section 104(f): Allows state entitlement money to be used for

system planning.

Senate Amendment

No provision.

Conference Substitute

Section 104(c): House.

26. ALASKA

House Bill

Section 104(i): is similar to section 205(b) of the Senate bill and

section 104(j) is similar to section 205(c) of the Senate bill. Both

make technical changes suggested by FAA. Also, triples the Alaska

AIP supplemental entitlement.

Senate Amendment

Section 205(b): In addition to entitlements and state apportionment, clarifies that Alaska is entitled to a ‘‘supplemental’’ apportionment (vs. alternative), available to all airports.

Section 205(c): Removes requirement that FAA can’t make a

grant to an Alaska airport that exceeds 110 percent of the Alaska

supplemental apportionment in a given year.

Section 408(d): Permits 12 acres at Lake Minchumina, Alaska

to be conveyed to Iditarod Area School District.

Conference Substitute

Section 104(c) and (d): House and Senate.

Section 104(d): Doubles the Alaska supplemental entitlement if

the amount available under section 48103 for AIP is at least $3.2

billion.

Section 754: Adopts Senate section 408(d).

27. NOISE

House Bill

Section 104(h): Increases noise set-aside from 31% to 34% of

the discretionary fund. Makes noise mitigation projects approved in

an environmental record of decision eligible for AIP grants.

Section 157: Allows FAA to make AIP grants for noise abatement even if the noise is caused primarily by military aircraft.

Senate Amendment

Section 204: Increases noise set-aside from the discretionary

fund to 35%.
154

Section 212: If any discretionary money is left over at the end

of the year, it could be used for noise abatement activities.

Section 461: Requires EPA study of aircraft noise, to include

recommendations for new noise mitigation efforts in communities

around airports. Sec. 1103 requires similar study by GAO.

Section 506(e)(2): Requires DOT report 3 years following the

use of the first of the new 30 slot exemptions at O’Hare on impact

of additional slot exemptions on safety, environment, noise, access

to underserved markets, and competition at O’Hare.

Section 506(f)(1): Requires DOT to assess impact of DCA slot

exemptions on safety, noise levels, and the environment, to include

an environmental assessment with a public meeting.

Section 506(f)(3): For MWAA to get an AIP grant, it must submit written assurance that at least 10 percent of its grants will be

used for eligible noise compatibility planning and programs (as

long as funds aren’t diverted from high priority safety projects).

DOT may waive if MWAA in compliance with Part 150 program.

Sunsets in 5 years if MWAA in compliance with Part 150 program.

Section 506(f)(4): DOT required to certify biannually that at

DCA, noise standards, air traffic congestion, airport-related vehicular congestion, safety standards, and adequate air service to small

and medium hubs within perimeter have been maintained at appropriate levels.

Section 506(g): Priority for noise set-aside funds given to

projects at and around LaGuardia, JFK and DCA.

Section 506(f): Requires DOT study on community noise levels

around 4 high density airports, comparing pre-1991 noise levels to

noise levels when all Stage 3 requirements are in effect.

Section 1101: DOT required to collect and publish air carrier

information regarding carrier’s operating practices that encourage

pilots to follow FAA guidelines on noise abatement.

Section 1102: Requires GAO report on FAA aircraft engine

noise assessment, including recommendations on new measures for

FAA to ensure consistent measurement of aircraft engine noise.

Section 1503: Requires DOT study and report to Congress on

aspects of transition to Stage 4 noise requirement.

Conference Substitute

Section 104(e): Increases noise set-aside to 34 percent.

Section 154 of conference substitute adopts section 157 from

House bill.

Section 745: In lieu of sections 461 and 1103 of the Senate bill,

directs GAO to do a study that encompasses the items requested

by the House in a letter to GAO on 4/30/99 as well as the items

listed in section 461(b) and the second sentence of 1103(a). Study

due in one year.

Section 231(e)–(g): Adopts several noise related provisions from

the Senate bill involving the four high-density airports.

28. GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER (GAMAR)

AIRPORT GRANT FUND

House Bill

No provision.
155

Senate Amendment

Section 460: DOT required to set up a new apportionment category and set aside 5 percent of AIP grant funds for general aviation metropolitan access and reliever airports, which are defined as

airports with annual operations exceeding 75,000, 5,000-feet runways, precision instrument landing procedure, a minimum of 150

based aircraft, and where the air carrier airports experiences at

least 20,000 hours of annual delays. The apportionment is distributed to states on a pro rata basis, according to the number of operations at its GAMAR airports.

Conference Substitute

Section 104(f): Set aside of two-thirds of 1 percent of the discre- tionary fund for reliever airports if AIP is at least $3.2 billion in

a year. The reliever airports that qualify are the same as those

specified in the Senate bill except the minimum number of based

aircraft is to be determined by the FAA rather than set at 150 as

specified in the Senate bill.

29. REPROGRAMMING

House Bill

No provision.

Senate Amendment

Section 104: DOT shall submit explanation of proposed reprogramming to authorizing Committees when required to submit

them to Appropriations Committees.

Conference Substitute

Section 105(a): Senate.

30. BUDGET SUBMISSION

House Bill

Section 106: FAA shall submit its annual budget estimates to

the authorizing Committees at the same time it submits them to

the Appropriations Committees.

Senate Amendment

Section 906: Requires DOT to submit the FAA-prepared budget

request to the President, who then transmits it unchanged to the

House and Senate authorizing and appropriating committees, along

with the President’s own annual budget request for the FAA.

Conference Substitute

No provision as this is already covered by section 48109. However, the Managers expect the submission under that section to include the line item justification called for in the Senate bill.

31. AIP ELIGIBLE ITEMS

House Bill

Sections 122 and 124: Makes emergency call boxes, universal

access systems, pavement maintenance at non-primary airports,
156

closed circuit weather surveillance equipment, and windshear detection equipment eligible to be paid for with AIP funds. Directs

that the runway incursion prevention devices be considered safety

devices for the purposes of funding priorities.

Senate Amendment

No provision.

Conference Substitute

Sections 121, 122 of Conference Substitute: House section 122

to the extent these items are certificated or approved by the FAA.

Makes FAA-approved stainless steel adjustable lighting extensions

AIP eligible.

Section 139 adds a provision permitting the establishment of

a pilot program under which design-build contracts may be used at

airports.

If certified by the Administrator, the Conferees urge the Administrator to evaluate the effectiveness of the Light Detection and

Ranging Technology (LIDAR) which measures windshear.

The Conferees recognize that airports experience considerable

runway downtime during new construction and runway maintenance projects; the Conferees urge the Administrator to evaluate

whether or not utilizing stainless steel adjustable lighting-extensions is effective and if it will minimize runway shutdowns.

32. ENHANCED VISION TECHNOLOGIES

House Bill

Section 123: Mandates a FAA study of laser, ultraviolet, infrared, and cold cathode technologies within 180 days. Makes them eligible for AIP funds. Requires FAA to transmit to Congress a certification schedule for them within 180 days.

Senate Amendment

No provision.

Conference Substitute

Section 124: House but with revised language.

33. CONVEYANCES OF AIRPORT PROPERTY

House Bill

Section 136: Gives airports priority for receiving surplus government property. Requires public notice and comment before FAA

waives restrictions on the use of airport property. Decision must be

published in Federal Register and interests of users must be taken

into account. Also changes references to ‘‘gifts’’.

Senate Amendment

Section 205(h)(1): Similar provision. Also changes references to

‘‘gifts’’.

Section 208: Requires 30 days notice before FAA waives an assurance that property will be used for aeronautical purposes.

Section 408. Rewrites section 47125(a). Authorizes the FAA to

waive deed restrictions on airport property if the property is not
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needed for airport purposes, the property will be used solely to generate revenue for the airport, the FAA gives 30 days notice to the

original owner of the property, provides public notice, justifies the

release, and determines that it will benefit civil aviation.

Conference Substitute

Section 125: Adopts section 208 of the Senate bill insofar as it

requires notice to the public 30 days in advance and is effective for

any waiver issued on or after the date of enactment. The provision

is extended to cover FAA actions under section 47125 or 47153 of

Title 49. After the FAA gives notice under this section, it should

consider any comments it receives.

Section 135(d) and Section 136: House and Senate on priority

for receiving surplus property and on references to gifts. This section does not apply to surplus property transfers covered by the

BRAC process based on advice from the FAA that current law excludes them.

Sections 749 and 750: In lieu of section 408 of the Senate bill,

adopt two specific deed restriction removals, one for Pinal and the

other for Yavapai, both in Arizona.

34. MATCHING SHARE

House Bill

Section 126: Allows for a Federal share of less than 90% at

general aviation airports receiving grants under the state block

grant program.

Allows for a Federal share of 100% at general aviation and

non-hub airports in the first year (FY 2001) that the higher funding levels are in effect.

Senate Amendment

Section 203: Allows for a Federal share of less than 90% at any

general aviation airport.

Conference Substitute

Section 126: House with respect to its provision on the 90%

Federal share.

35. LETTERS OF INTENT (LOIs)

House Bill

Section 127. The requirement that the project must significantly enhance system capacity is limited to LOIs for medium or

large hub airports.

Makes clear that an airport need not impose a PFC in order

to get a letter of intent.

Senate Amendment

Section 434: Makes clear that an airport need not impose a

PFC in order to obtain an LOI.

Conference Substitute

Section 127: House.
158

36. SMALL AIRPORT FUND SET-ASIDE

House Bill

Section 128: Sets aside $15 million or 20%, whichever is less,

of the non-hub portion of the small airport fund to help these airports meet the new small airport certification standards. This setaside lasts 5 years unless FAA determines that all airports have

met the certification standards.

Senate Amendment

No provision.

Conference Substitute

Section 128(a): House.

37. NOTIFICATION OF SOURCE OF GRANT

House Bill

Section 128(b): Requires airports receiving grants from the

small airport fund to be notified that that is the source of the

grant.

Senate Bill

No provision.

Conference Substitute

House. Section 128(b)

38. TURBINE POWERED AIRCRAFT

House Bill

Section 128(c): In making grants from the general aviation airport portion of the small airport fund, the FAA shall give priority

to projects that support operations by jet aircraft as long as the

local share will be at least 40%.

Senate Amendment

Section 205(n): Same provision.

Conference Substitute

Section 128(c): House and Senate.

39. DISCRETIONARY USE OF UNUSED ENTITLEMENTS

House Bill

Section 129: In situations where an airport cannot use its entitlement funds during the current fiscal year, this section specifies

how long the funds are available and changes the current law so

that the FAA does not have to have additional contract authority

available at all times to cover the carry-over entitlement amount.

Senate Amendment

No provision.
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Conference Substitute

Section 129: House. The purpose of this provision is to allow

the temporary conversion of unused AIP entitlement money as discretionary money, whether or not, at the time of the conversion,

the AIP program has already been authorized for the following fiscal year.

Paragraph (1) states that if FAA learns that an airport will not

use its entitlement money in the current fiscal year, FAA may

make a discretionary AIP grant to any other airport. In effect, this

permits a temporary conversion of entitlement money into discretionary money.

Paragraph (2)(A) provides that if FAA makes a discretionary

grant under paragraph (1), and the current fiscal year is the last

year of availability of the converted entitlement (i.e., the 3rd or 4th

year of the term of availability under § 47117(b)), the original airport will lose that entitlement money. That is, the conversion does

not extend the entitlement term. However, if the current fiscal year

is not the last year of that entitlement, the airport will get that entitlement money back, when funds become available under an authorization.

Paragraph (2)(B) determines how long that entitlement will remain in effect. If the restored entitlement money becomes available

(under an authorization) in the same fiscal year as the fiscal year

in which the conversion occurred, or in the following fiscal year,

there is no change to the entitlement term. That is, it remains

available to the original airport for a total of three or four fiscal

years, as provided in 49 USC 47117(b). But if the money does not

become available (under an authorization) until a still later fiscal

year, then the original entitlement term is extended by the number

of complete fiscal years during which there was no money, that is,

the number of complete fiscal years in the authorization lapse.

Paragraph 3(A) provides that when new money is provided

under a reauthorization and this new money is used to restore an

entitlement, the amount that can be used for new discretionary

grants is reduced by that amount. This is to reflect the fact that

prior discretionary grants have already been made using that

amount.

Paragraph 3(B) allows an amount that has been restored to an

entitlement to be used again for a discretionary grant if the airport

associated with the entitlement is still not ready to use the entitlement money.

Paragraph (4) provides that these provisions do not create

grant authority above that made available under section 48103.

40. MILITARY AIRPORTS

House Bill

Section 130: Increases number of military airports from 12 to

15 in 2000 and to 20 thereafter. Requires that at least one be a

general aviation airport in 2000 and at least three thereafter. Allows subsequent designation periods to be less than 5 years. Increases the amount that can be spent on terminal buildings from

$5 million to $7 million. Adds air cargo terminals of less than

50,000 square feet to the section on eligibility of hangars and in-
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creases the amount they are eligible to receive from $4 million to

$7 million.

Section 104(h): makes technical change in military airport program.

Senate Amendment

Section 438: Increases number of military airports eligible for

grants from 12 to 15. Allows subsequent designation periods to be

shorter than 5 years.

Section 453: Increases number of military airports eligible for

grants from 12 to 15. Allows at least one to be a general aviation

airport.

Conference Substitute

Section 130: House but limited to 15 airports, only one of

which may be a general aviation airport. Makes clear that joint use

airports are eligible by inserting ‘‘the airport is used jointly by military and civil aircraft’’ at the beginning of paragraph (a)(2) of section 47118 of Title 49. Also, makes the designation of the general

aviation airport permissive by changing ‘‘shall’’ to ‘‘may’’ in the subsection on designation of general aviation airport.

41. CONTRACT TOWER PROGRAM

House Bill

Section 131: Expands the current program by requiring the establishment of a program to contract for air traffic control services

at Level I towers that would not otherwise qualify for the contract

tower program. Lists factors to be used in choosing towers for participation including that the benefit to cost ratio is at least .85 and

that the tower is at an airport where air service is subsidized

under the essential air service (EAS) program. Requires participating airports to share in the cost. Authorizes $6 million per year

from the FAA’s Operations account under section 106(k) of Title 49

for this program.

Senate Amendment

Section 213: Establishes a pilot program to contract for air

traffic control services at Level 1 towers that would otherwise not

qualify for the contract tower program. Lists different factors for

participation including that the benefit to cost ratio is at least 0.5.

Allows up to $1.1 million for tower construction at not more than

2 airports. Authorizes $6 million per fiscal year.

Conference Substitute

Section 131: Adopts 0.5 standard from Senate bill. Adopts essential air service provision from House bill.

Takes the money from section 106(k) as in the House bill.

Authorizes grants of not more than $1.1 million each to two

airports for tower construction. These grants would have to come

from the airports passenger entitlement. The Federal share would

be limited to 75% of the cost of construction.
161

42. INNOVATIVE FINANCING

House Bill

Section 132. Permits Secretary to approve 25 innovative financing projects at small hubs or non-hubs limited to the following

types of projects:

(1) payment of interest.

(2) commercial bond insurance.

(3) flexible non-federal share.

These cannot give rise to a direct or indirect guarantee of any

airport debt.

Senate Amendment

Section 202: Similar provision.

Limited to 20 projects but not limited to only small hubs and

non-hubs. Includes, but is not limited to the three types of projects

in the House bill.

Conference Substitute

Section 132: House bill limited to 20 projects. A fourth type of

project is added. It would allow entitlement funds to be used to pay

off debt incurred before the date of enactment on a terminal development project.

43. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM

House Bill

Section 134: Directs the Secretary to carry out a pilot program

at not more than 10 airports using AIP funds to pay for the construction of facilities needed by low-emission vehicles, the additional cost of purchasing a low emission vehicle, and the acquisition

of equipment needed for the use of such vehicles. Specifies the type

of airports that would qualify and the criteria to be used in selecting them. Allows a participating airport to use 10% of its funds for

technical assistance. The Federal share is 50%. No airport may receive more than $2 million. A report to Congress is required within

18 months.

Senate Amendment

Section 444: Similar provision but if not enough applications in

the non-attainment area, projects can be done outside that area.

Requires not less than 10% of funds to be used for technical assistance. $500,000 for best practices by a western regional consortium.

Conference Substitute

Section 133: Senate provisions except include the House provision on 10% for technical assistance and delete the $500,000 for the

western regional consortium. Add language authorizing the FAA to

develop materials for dissemination of best practices obtained from

pilot project and other sources for carrying out low-emission vehicle

activities.

This provision authorizes a pilot program under which FAA is

to issue grants to 10 airports for the acquisition of low emission vehicles and supports infrastructure. Unlike other AIP grants, the
162

Federal share is 50%. Grant selection should be targeted to airports submitting plans that would achieve the greatest emissions

reductions per dollar of funds provided. Qualifying airports should

be located in areas not attaining federal air quality standards.

Grants of up to $2 million per airport could be made.

Grants are designed to assist airports in procuring clean vehicles which meet ultra low emission vehicle and Inherently Low

Emission Vehicle standards and with building the fueling infrastructure for these vehicles. It is expected that the vehicles will be

primarily natural gas or electric. The infrastructure and related

equipment eligible for funding is intended to be primarily alternative fuel stations and vehicle charging stations.

44. AIRPORT SECURITY PROGRAM

House Bill

Section 133: Requires Secretary to carry out at least one

project to test and evaluate innovative aviation security systems.

Specifies who qualifies, which projects get priority, and the Federal

share. Authorizes $5 million per year.

Senate Amendment

Section 105: Similar provision.

Conference Substitute

Section 134. Senate provision.

45. PFC WAIVERS

House Bill

Section 135(b): Allows an airport to request that the PFC be

waived (A) for passengers enplaned by a class of airlines if the

number of enplanements by the airlines in the class constitute less

than 1% of the total number of passengers at the airport and (B)

for passengers flying to an airport that has less than 2,500 passengers per year and is in a community that has less than 10,000

people and is not connected to the National Highway System.

Senate Amendment

Section 205(g): Similar provision except that (B) makes waiver

permissible for passengers flying to an airport that has fewer than

2,500 passengers per year or is in a community that has fewer

than 10,000 people and is not connected to the National Highway

System or vehicular way.

Section 205(f): Prohibits PFC on flights or flight segments between 2 or more points in Hawaii.

Conference Substitute

Section 135: Senate with modifications including adding a provision as follows: A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible

agency may not tax, regulate, or prohibit or otherwise attempt to

control in any manner, the imposition or collection of a passenger

facility fee or the use of the revenue from the passenger facility fee.
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46. TERMINAL DEVELOPMENT AT FORMER PRIMARY AIRPORTS

House Bill

Section 135(a): Allows an airport to continue to get grants for

terminal development under a multiyear agreement even if it falls

below 10,000 annual enplanements.

Senate Amendment

Section 205(d): Allows a primary airport to get grants from discretionary fund according to a multiyear agreement, even if the airport becomes a nonprimary airport.

Conference Substitute

Section 135(c). Senate. Adds a provision providing the same

treatment for commercial service airports that become non-commercial service airports.

47. INTERMODAL CONNECTIONS

House Bill

Section 137: Encourages the development of intermodal connections and makes airport construction or the purchase of capital

equipment for intermodal connections eligible for AIP grants.

Senate Amendment

No provision.

Conference Substitute

Section 137: House with revised language.

48. STATE BLOCK GRANT PROGRAM

House Bill

Section 138: Increases the number of state block grant states

from 9 to 10.

Senate Amendment

No provision.

Conference Substitute

Section 138: House but not effective until October 1, 2001.

49. ELIGIBILITY FOR PFC FUNDING

House Bill

Section 151: Treats the shell of the building and fueling facilities as ‘‘related’’ to gates so that the shell and fueling facilities are

eligible to be built using PFCs.

Senate Amendment

Section 210: Allows an airport to use passenger facility charges

(PFC’s) to fund the shell of a terminal building and adjacent fueling if that would enable additional air service to be provided by a

carrier that has less than 50% of the passengers at the airport.
164

Conference Substitute

Section 151: Similar to House and Senate provisions but with

revised language.

50. TERMINAL DEVELOPMENT COSTS

House Bill

Section 152: (1) Allows non-hub and small hub airports that

carried out terminal development after August 1, 1986 to use PFC

money to repay the costs if passenger levels declined 16% between

1989 and 1997.

(2) Allows non-hub and small hub airports that carried out terminal development between the specified dates to use entitlement

funds to help pay off the debt incurred for such development.

(3) Directs the Secretary to make the determination of whether

an airport is a commercial service airport (for the purpose of eligibility for discretionary grants for terminal development) on the

basis of the type of air service and number of passenger in the current year or preceding year, whichever is most beneficial to the airport.

Senate Amendment

No provision.

Conference Substitute

Section 152: Adopts the House on (1) and (3) only. Provision

number (2) is addressed in section 132, the innovative financing

provision, which is described in item 42 above.

51. ILS INVENTORY

House Bill

Section 153(a): Requires $30 million to be used for instrument

landing systems (ILS’s) from 2000 to 2002.

Senate Amendment

Section 102(b): Requires that at least $30 million be spent annually out of F&E account to purchase and install ILS’s on an expedited basis, fiscal years 1999 through 2002.

Conference Substitute

Section 153 adopts House provision.

52. LORAN–C AND WIDE AREA AUGMENTATION SYSTEM (WAAS)

House Bill

Section 153(b): Requires Loran–C to be maintained and upgraded.

Senate Amendment

Section 410: FAA shall develop WAAS to provide navigation

and landing approach capabilities for civilian use. Until FAA certifies that WAAS is a sole means navigation system, backup system

must be maintained.
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Conference Substitute

No Provision.

53. COMPETITION PLANS

House Bill

Section 125: Beginning in fiscal year 2001, requires medium

and large hub airports that are dominated by 1 or 2 airlines to file

competition plans before they can get AIP grants or approval for

new PFCs.

Senate Amendment

No provision.

Conference Substitute

Section 155: House with revisions. Beginning in 2001, certain

airports cannot get approval for a new passenger facility charge

(PFC) or receive an AIP grant unless the airport has submitted a

competition plan to the Secretary. Lists the contents of that plan.

The airports affected by this requirement are medium and large

hub airports at which one or two carriers have more than half of

the passenger enplanements. The underlying purpose of the competition plan is for the airport to demonstrate how it will provide

for new entrant access and expansion by incumbent carriers. By

forcing the airport to consider this, it would be more likely to direct

its AIP or PFC money to that end. It is not the Managers intent

that the competition plan be challenged in court in order to slow

down or stop an airport improvement project. Nor should competition projects take precedence over safety or security ones. However,

within the class of non-safety projects, those that would enhance

competition should usually be given priority.

54. RURAL AVIATION IMPROVEMENT IN ALASKA

House Bill

No provision.

Senate Amendment

Section 412: (1) When changing its rules affecting intrastate

aviation in Alaska, FAA shall consider the extent to which Alaska

relies on aviation and shall establish the appropriate regulatory

distinctions.

(2) Authorizes $2 million and directs the FAA to install closed

circuit weather surveillance equipment at no less than 15 rural

Alaskan airports and provides for the dissemination of this information to pilots.

(3) Requires the development and implementation of a ‘‘mikein-hand’’ weather observation program in Alaska under which near

real time weather information will be provided to pilots.

(4) Authorizes $4 million for runway lighting and weather reporting systems at remote airports in Alaska to implement the

CAPSTONE project.
166

Conference Substitute

Section 156: Includes rulemaking directive and ‘‘mike-in-hand’’

provisions ((1) and (3)) from the Senate bill.

55. PAVEMENT CONDITIONS REPORT

House Bill

Section 735: Requires a report within 18 months on the impact

of alkali Silica reactivity distress on airport runways and taxiways

and on ways to mitigate and prevent that distress.

Section 156: Directs FAA to study the use of recycled materials in airport pavement. One year and $1.5 million is provided for the

study.

Senate Amendment

Section 211: FAA shall evaluate options for improving the information available on pavement conditions and report to Congress

in 12 months.

Section 443: Authorizes FAA study on extent of alkali silica reactivity-induced pavement distress in concrete runways, taxiways

and aprons.

Section 1308: Requires DOT study on the applicability of techniques used to fund and administer research under the National

Highway Cooperative Research Program and the National Transit

Research Program, to the research needs of airports.

Conference Substitute

Section 157 of the Conference substitute adopts House section

156.

Section 160 adopts Senate section 211.

Section 743: House and Senate provisions on Alkali Silica.

Section 906 adopts Senate section 1308 but requires DOT to

consult with the National Academy of Sciences and appropriate industry organizations.

56. CONSTRUCTION OF RUNWAYS

House Bill

Section 155: Allows AIP grants for construction of runways

notwithstanding any other provision of law.

Senate Amendment

No provision.

Conference Substitute

Section 158 adopts House provision.

57. TIMELY ANNOUNCEMENT OF GRANTS

House Bill

Section 158: Requires DOT to announce AIP grants in a timely

fashion after receiving the necessary documents from FAA.

Senate Amendment

No provision.
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Conference Substitute

Section 159(a) adopts House provision.

Section 159(b) adds a provision stating that if any Committee

of Congress is given advance notice of an AIP grant, House Transportation and Infrastructure Committee and Senate Commerce

Committee must get the same notice at the same time.

58. CAPACITY ENHANCEMENTS

House Bill

No provision.

Senate Amendment

Section 206: DOT must report in 9 months on efforts to implement, and time frame for implementation, of capacity enhancements, both technical and procedural, such as precision runway

monitoring systems.

Conference Substitute

Section 161 adopts Senate provision.

59. DISCRETIONARY GRANTS

House Bill

No provision.

Senate Amendment

Section 207: FAA should give lower priority to requests for discretionary grants from airports that have used entitlement grants

for projects that have a lower priority than the projects for which

discretionary funds are sought.

Conference Substitute

Section 162: Senate.

60. PASSENGER FACILITY CHARGE (PFC) INCREASE

House Bill

Section 105: Allows FAA to approve a PFC up to $6 if the higher PFC will pay for a project that will make a significant contribution to safety, security, increased competition, reduced congestion,

or reduced noise and that project cannot be expected to be paid for

from AIP. Airports can utilize the higher PFC for surface or terminal projects only if the airside needs of the airport are being paid

for. Medium or large hub airports charging the higher PFC must

give back 75% of their entitlement.

Entitlement reductions occur in the first fiscal year following

the year in which the collection of the PFC began.

Senate Amendment

No provision.

Conference Substitute

Section 105: House but allow FAA to approve a PFC only up

to $4.50.
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The section also holds harmless an airport that moves from a

small hub to medium hub status. It states that such an airport

should not receive less in AIP entitlement and PFC revenue as a

medium hub than it received in such revenue as a small hub. This

could occur because, as a medium hub, it would have to turn back

half its entitlement. This provision would reduce the amount of its

turn-back to ensure that it does not end up with less money.

Under the law governing passenger facility charges, FAA is directed to prescribe regulations which establish the portion of a PFC

which the airlines may retain to reimburse them for their necessary and reasonable expenses in collecting and handling the fees.

The law specifically requires that the airline fee be net of any interest accruing to the airline after the collection and before remittance of the fee to the airport. A number of air carriers have communicated to the conferees their views that the cost of collection allowed by current FAA regulations, $.08, is to low. While the Conferees did not evaluate the correctness of these claims, we believe

that the airlines should be given the opportunity to demonstrate

their correctness in a rulemaking proceeding. As soon as the airlines submit the evidence necessary for evaluation of their claim

the FAA shall make its final decision within 189 days.

61. POLICY FOR AIR SERVICE TO RURAL AREAS

House Bill

Section 204: Adds to the list of policies—ensuring that consumers in all regions including small communities and rural and

remote areas have access to affordable scheduled air service.

Senate Amendment

No provision.

Conference Substitute

Section 201. Adopts section 204 of House bill.

62. WAIVER OF LOCAL CONTRIBUTION

House Bill

Section 203: Permits 2 small communities to receive subsidized

essential air service without having to pay a local share.

Senate Amendment

Section 503(c): Similar provision (applies to Dickinson, ND,

and Fergus Falls, MN).

Conference Substitute

Section 202: House and Senate.

63. AIR SERVICE DEVELOPMENT PROGRAM

House Bill

Section 202: Provides $25 million in contract authority from

the Trust Fund for grants to underserved airports (defined as

nonhubs or small hubs with insufficient air service or unreasonably

high air fares (more than 19 cents per mile)) to help them market
169

and promote their air service. In making grants, priority should be

given airports that put up a local share from non-aviation revenue

sources.

Senate Amendment

Sections 501–504: DOT shall establish a 4-year program administered by a program director who shall work with communities

and carriers, ensure that data is collected, provide an annual report to Congress, select up to 40 communities to participate in an

$80 million program to improve air service at small communities.

This program is limited to communities where a public-private

partnership exists and that are willing to put up at least 25% of

the cost. The program director may make grants of not more than

$500,000 per year to small communities (no more than 4 in one

state) to assist communities improve their air service. The program

director also may help ensure that gates are available and facilitate

joint fare arrangements. $80 million is authorized for this program.

Conference Substitute

Section 203: Subsection (a) requires DOT to establish a pilot

program to help improve air service to airports not receiving sufficient air service. Subsection (b) sets forth the application requirements for a community or group of communities that want to participate in the program. The application should include information

justifying the community’s need to participate in the program. Subsection (c) describes the criteria for participation. In order to participate, a community must be a non-hub or small hub with insufficient air service or unreasonably high airfares. The total number

of communities or groups of communities that can participate is

limited to no more than 4 in any one state and no more than 40

overall. Priority should be given to communities that have high air

fares, will provide a local share of the cost, will establish a publicprivate partnership to facilitate airline service, and where assistance will provide material benefits to a broad segment of the traveling public. The local share should not come from airport revenues. DOT and the communities are given flexibility as to the types

of programs that will best serve to improve service at the local airport. Marketing and promotion of air service is encouraged. Any direct subsidy to an air carrier is limited to 3 years. DOT should designate an official responsible for this program. DOT should take action to ensure that interested communities and Members of Congress are aware of the name and title of the official so designated.

64. EAS PRESERVATION AT DOMINATED HUBS

House Bill

No provision.

Senate Amendment

Section 465: If reliable and competitive EAS service is jeopardized at a large hub where one carrier has more than 50 percent of

the annual enplanements, DOT is authorized to require the dominant air carrier to take action to enable the EAS provider to offer
170

reliable and competitive service. Action includes interline agreements, ground services, subleasing of gates.

Conference Substitute

Section 204: Similar to the Senate provision but limited to

service to large hubs where one carrier has more than 60 percent

of the total annual enplanements.

65. MANDATORY INTERLINING

House Bill

No provision.

Senate Amendment

Section 310: Requires a major airline that interlines with any

carrier at a large hub in the 48 States where it (or another airline)

carries 50% of the passengers, to interline within 30 days of a request with carriers offering service to a community in the section

41743 program (air service program for small communities) and

that meet certain requirements. DOT must review any agreement

and the agreement may be terminated if the other party fails to

meet its terms.

Conference Substitute

No provision.

66. DETERMINATION OF DISTANCE FROM HUB AIRPORT

House Bill

Section 205: In making a determination as to whether a community is eligible for essential air service under the distance criteria, DOT shall measure the distance using the most commonly

used highway route between the community and the hub airport.

Senate Amendment

No provision.

Conference Substitute

Section 205 adopts House provision with modified language.

67. SENSE OF SENATE, EAS

House Bill

No provision.

Senate Amendment

Section 462: Sense of the Senate that retaining EAS service in

small communities is difficult, FAA should consider relieving Dickinson (ND) of its EAS match requirement. Requires DOT report on

retaining EAS, to focus on North Dakota.

Conference Substitute

Section 206: Senate.
171

68. STUDY OF MARKETING PRACTICES

House Bill

No provision.

Senate Amendment

Section 505: With 180 days, DOT shall review the marketing

practices of air carriers that may inhibit the availability of air service to small and medium communities. If DOT finds marketing

practices that inhibit service, DOT may issue rules to address the

problem.

Conference Substitute

Section 207: Senate.

69. AIRLINE MARKETING DISCLOSURE

House Bill

No provision.

Senate Amendment

Section 430: Requires DOT to issue a rule in 90 days to provide

better notice of the actual name of the airline providing the transportation. The Secretary may take into account the proposed rules

previously issued.

Conference Substitute

No provision. This issue has already been addressed by a DOT

rulemaking at 64 FR 12838, March 15, 1999.

70. E-TICKETS

House Bill

No provision.

Senate Amendment

Section 507: Airlines must notify passengers of the expiration

of their electronic tickets.

Conference Substitute

Section 221: Senate. It is the intention of the Manager that

oral notice at time of purchase is sufficient notification.

71. AIRLINE CUSTOMER SERVICE

House Bill

No provision.

Senate Amendment

Title XIV: Airline customer service plans to be submitted to

DOT. DOT to transmit a copy of each plan to authorizing committees. DOT IG to monitor the implementation of each plan, and

evaluate and report on how each airline is living up to its commitment. IG status report due 6/15/00. Final report due 12/31/00. Directs DOT to initiate rulemaking within 30 days of enactment to
172

increase domestic baggage liability limit. Penalty for violations of

aviation consumer laws and regulations increased from $1,100 to

$2,500 per violation. GAO directed to study ‘‘hidden city’’ and

‘‘back-to-back’’ ticketing to determine the effect of allowing these

practices on consumers and small communities. Authorizes annual

appropriations from the trust fund of between $2.3 and $2.6 mil

(FY00–FY03) for the DOT to enforce airline consumer protections.

Conference Substitute

Section 222–226: Senate, but don’t specify that the money for

the DOT consumer office is to come out of the Trust Fund. Also add

a reference to section 41705 (preventing discrimination against the

handicapped) as one of the responsibilities of the DOT consumer office. The final report due at the end of the year should also include

a comparison of the customer service of airlines that submitted

plans to DOT with those that did not submit such plans. DOT’s recent action raising the baggage liability limit could satisfy the directive in section 225.

72. AIRLINE QUALITY SERVICE REPORTS

House Bill

No provision.

Senate Amendment

Section 463: DOT required to modify Airline Service Quality

Performance Reports (14 CFR Part 234) to disclose more accurately

the reasons for air travel delays and cancellations. The categories

and reporting requirements to be determined by FAA, in consultation with airline passengers, air carriers, and airport operators.

Conference Substitute

Section 227: Senate but revised to direct the Secretary to modify the airline service quality performance reports required under

14 CFR 234 to more fully disclose to the public the nature and

source of delays and cancellations experienced by air travelers. The

Secretary is directed to establish a task force within 90 days of the

date of enactment of this Act including FAA officials and representatives of airline consumers and air carriers to develop alternatives

and criteria for such change. Such modifications shall include a

means for DOT a report, and a requirement that air carriers submit information, on delays and cancellations in categories that reflect the reasons for such delays and cancellations.

73. COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE IN

THE AIRLINE INDUSTRY

House Bill

No provision.

Senate Amendment

Title XII: Commission to study consumer access to information

about the products and services of the airline industry, the effect

on the marketplace of the emergence of new means of distributing

such products and services, the effect on consumers of the declining
173

financial condition of travel agents, and the impediments imposed

by the airline industry on distributors. The study shall include policy recommendations to help consumers. Prescribes membership on

commission. Initial report 6 months after appointments, commission disbanded 30 days after final report.

Title XVI: Duplicate provision.

Conference Substitute

Section 228: Establishes a commission to study the financial

condition of travel agents, especially small travel agents. The Commission should study whether the financial condition of travel

agents is declining, what effect this will have on consumers, if any,

and what, if anything, should be done about it.

74. LOAN GUARANTEES

House Bill

Section 211: Authorizes funding for loan guarantees and other

credit instruments for the purchase of regional jets to serve underserved communities.

Senate Amendment

Section 508: Study of such a loan guarantee program within 2

years.

Conference Substitute

Section 210: House.

75. DEREGULATION COMMISSION

House Bill

No provision.

Senate Amendment

Section 454: Establishes a commission to study the impact of

airline deregulation on small communities. 15 members, 5 appointed by President (one from rural area), 3 by Senate Majority

Leader, 2 by Senate Minority Leader, 3 by House Speaker, and 2

by House Minority Leader. 2 of House appointees from rural area,

2 of Senate appointees from rural area. Appointment 60 days after

enactment, 1st meeting within 30 days later. $950,000 authorized

for FY 2000. Commission disbanded 90 days after report, which is

due 18 months after enactment.

Conference Substitute

No provision.

76. SLOTS IN NEW YORK

House Bill

Section 210(a):

(a) Effective March 1, 2000, slot restrictions are eliminated for

new or additional regional jet service. Regional jets are defined as

those with 70 or fewer seats.
174

(b) Effective January 1, 2007, slot restrictions are eliminated

entirely.

Senate Amendment

Section 506: Eliminates the high density rule (HDR) at

LaGuardia and JFK, effective 2007.

Establishes a 45-day turnaround for all slot exemption applications. If DOT does not act on application within 45 days, it is

deemed to be approved. If DOT asks for additional information

within 10 days of receipt of application, 45 days is tolled until DOT

receives information. Clarifies that exemptions can’t be bought or

sold. DOT directed to treat commuter carriers equally for purposes

of slot exemption applications. Eliminates the ‘‘exceptional circumstances’’ criterion for new entrant/limited incumbent slot exemption requests. Limited incumbents redefined as those carriers

that hold or operate 20 or fewer slots at a high-density airport. Regional jets defined as aircraft having between 30 and 50 seats.

Clarifies that nothing affects FAA authority for safety and movement of air traffic.

Carriers required to continue serving small hub and nonhub

(and smaller) airports where the carrier provides this service on or

before date of enactment using slot exemptions or slots issued for

specific-city service, until 2 years after the HDR lifted at

LaGuardia and JFK. Doesn’t apply if carrier can demonstrate loss

on the route to DOT.

Regional jets would be eligible for slot exemptions for service

to airports with fewer than two million annual enplanements. In

addition, (1) there could be no more than 1 carrier already providing nonstop service to that airport from LaGuardia/JFK; and (2)

exemption would only be available for new service in the market

(carrier adding a frequency, or upgrading from turboprop to regional jet).

Section 509: DOT to require FAA to provide commercially reasonable times for new entrant/limited incumbent and regional jet

slot exemptions granted at LaGuardia and JFK.

Section 101(b): The new slot exemption authority doesn’t affect

DOT’s authority under any other provision of law.

Conference Substitute

Section 231: General provisions. DOT must act on slot exemption requests within 60 days. If additional information is requested

by DOT, the 60 days is tolled until the information is received. If

DOT fails to act within 60 days, the exemption is granted. Exemptions may not be bought, sold, leased, or otherwise transferred. For

the purpose of determining whether an airline qualifies as a new

entrant or limited incumbents for receiving slot exemptions, DOT

shall count the slots and slot exemptions of both that airline and

any other airline that it has a code-share agreement at that airport. The limitation in current law allowing the grant of slot exemptions to new entrants only in exceptional circumstances is deleted. The maximum number of slots or slot exemptions that an

airline can have and still qualify as a limited incumbent is raised

from 12 to 20. Nothing in the slot exemption sections of this bill

should be construed as affecting the FAA’s authority to act to fur-
175

ther its safety mission or air traffic control responsibilities. To the

extent that DOT has discretion over the award of slot exemptions,

it may consider whether the airline seeking the exemption will be

using U.S. manufactured aircraft. This would not apply where the

airline is proposing to use a type of aircraft for which there is not

a competing U.S. manufacturer.

New York specific provisions. Slot restrictions at New York are

eliminated after January 1, 2007. In the interim, DOT is directed

to provide exemptions from the slot rules to any airline flying to

the two New York airports if it will use aircraft with 70 seats or

less and will (1) provide service to a small hub or non-hub that it

did not previously serve, (2) provide additional flights to a small

hub or non-hub that it currently serves, or (3) provide service with

a regional jet to a small hub or non-hub as a replacement for a

prop plane. Providing exemptions for a regional jet replacement

will free up a slot for service to another community. DOT is also

directed to grant exemptions to new entrants and limited incumbents for service to New York. Exemptions can be granted only for

operations with Stage 3 aircraft. Airlines that have been flying to

New York from a small hub or non-hub under a previous exemption cannot terminate that service before July 1, 2003 unless DOT

finds that the airline is suffering excessive losses on that route.

77. SLOTS AT CHICAGO

House Bill

Section 201:

(a) Effective immediately, 20 slot exemptions per day shall be

granted for service to airports not receiving sufficient air service or

with unreasonably high airfares (which is defined as an airport

where the average yield is more than 19 cents per mile.)

(b) Effective immediately, 30 slot exemptions shall be granted

for new entrants (those with less than 20 slots).

(c) If within 180 days, there are insufficient applications for

the 50 slot exemptions above, the exemptions may be granted to

any airline for service to any community although those exemptions could be withdrawn if additional applications are received.

Procedures are established for applications and for the treatment

of commuter airlines that have agreements with other carriers.

(d) Effective immediately, slots cannot be taken away from a

U.S. airline and given to any other airline to provide international

service.

(e) Effective on March 1, 2000, slot restrictions are eliminated

for international air service and U.S. airlines can convert their

international slots to domestic service.

(f) Effective March 1, 2000, slot restrictions are eliminated for

new or additional regional jet service. Regional jets are defined as

those with 70 or fewer seats.

(g) Effective March 1, 2001, slot restrictions are eliminated except between 2:15 p.m. and 8:15 p.m.

(h) Slot restrictions are eliminated entirely on March 1, 2002.
176

Senate Amendment

Section 506: Establishes a 45-day turnaround for all slot exemption applications. If DOT does not act on application within 45

days, it is deemed to be approved. If DOT asks for additional information within 10 days of receipt of application, 45 days is tolled

until DOT receives information. Clarifies that exemptions can’t be

bought or sold. DOT directed to treat commuter carriers equally for

purposes of slot exemption applications. Eliminates the ‘‘exceptional circumstances’’ criterion for new entrant/limited incumbent

slot exemption requests. Limited incumbents redefined as those

carriers that hold or operate 20 or fewer slots at a high-density airport. Regional jets defined as aircraft having between 30 and 50

seats. Clarifies that nothing affects FAA authority for safety and

movement of air traffic.

Carriers required to continue serving small hub and nonhub

(and smaller) airports where the carrier provides this service on or

before date of enactment using slot exemptions or slots issued for

specific-city service, until four years after the HDR lifted at

O’Hare. Doesn’t apply if carrier can demonstrate loss on the route

to DOT.

DOT required to grant 30 slot exemptions over a 3-year period.

Stage 3 aircraft must be used. 18 exemptions must be used for underserved airports (non-hub or small hub), of which at least 6 shall

be used for commuter purposes. 12 exemptions shall be used by air

carriers. Before granting the exemptions, DOT must do an environmental review, determine whether capacity is available and can be

used safely, give 30 days notice and consult with local officials.

132 slot cap on EAS slots at O’Hare doesn’t apply to new slot

exemptions made available at O’Hare.

Secton 101(b): The new slot exemption authority doesn’t affect

DOT’s authority under any other provision of law.

Conference Substitute

Section 231: The general provisions described above for New

York also apply at Chicago. In addition, slot restrictions at Chicago

are eliminated after July 1, 2002. On July 1, 2001, slot restrictions

will apply only between 2:45 p.m. and 8:14 p.m. DOT is directed

to provide exemptions from the slot rules to any airline flying to

Chicago O’Hare airport if it will use aircraft with 70 seats or less

and will (1) provide service to a small hub or non-hub that it did

not previously serve, (2) provide additional flights to a small hub

or non-hub that it currently serves, or (3) provide service with a regional jet to a small hub or non-hub as a replacement for a prop

plane. Providing exemptions for a regional jet replacement will free

up one slot for service to another community for every 2 exemptions granted and used. This slot that is freed up by the regional

jet replacement must be taken away if the airline drops the regional jet service or replaces it with a prop plane. DOT is also directed to grant 30 exemptions to new entrants and limited incumbents for service to Chicago. These new entrant exemptions must

be granted within 45 days. Slots will no longer be needed in order

to provide international service at O’Hare. However, the Secretary

may limit access in those cases where the foreign country involved

does not provide the same kind of open access for U.S. airlines.
177

DOT is prohibited from withdrawing slots from U.S. airlines in

order to give them to foreign airlines. Any slot previously withdrawn from U.S. airlines and given to a foreign airline must be returned to the U.S. airline. Slots held by U.S. airlines to provide

international service can be converted to domestic use. Airlines

that have been flying to Chicago from a small hub or non-hub

under a previous exemption cannot terminate that service before

July 1, 2003 unless DOT finds that the airline is suffering excessive losses on that route. Exemptions can be granted only for operations with Stage 3 aircraft.

78. SLOTS AND PERIMETER AT REAGAN NATIONAL

House Bill

Section 201(b):

(a) Effective immediately, 6 slot exemptions shall be granted

per day for service to airports not receiving sufficient air service or

with unreasonably high airfares (which is defined as an airport

where the average yield is more than 19 cents per mile.)

(b) If within 180 days, there are insufficient applications for

the 50 slot exemptions above, the exemptions may be granted to

any airline for service to any community although those exemptions could be withdrawn if additional applications are received.

Procedures are established for applications and for the treatment

of commuter airlines that have agreements with other carriers.

Senate Amendment

Section 506: Establishes a 45-day turnaround for all slot exemption applications. If DOT does not act on application within 45

days, it is deemed to be approved. If DOT asks for additional information within 10 days of receipt of application, 45 days is tolled

until DOT receives information. Clarifies that exemptions can’t be

bought or sold. DOT directed to treat commuter carriers equally for

purposes of slot exemption applications. Limited incumbents redefined as those carriers that hold or operate 20 or fewer slots at a

high-density airport. Regional jets defined as aircraft having between 30 and 50 seats. Clarifies that nothing affects FAA authority

for safety and movement of air traffic.

12 slot exemptions shall be granted inside the perimeter to airlines serving medium hub or smaller airports. Exemptions shall be

distributed in a manner consistent with the promotion of air transportation by (1) new entrants and limited incumbents, (2) to communities without service to DCA, (3) to small communities, or by

(4) providing competitive service on a monopoly route to DCA.

12 perimeter rule/slot exemptions established for service beyond the 1,250-mile perimeter. To qualify, carriers would have to

demonstrate that proposed service provides domestic network benefits or increases competition by new entrant air carriers.

Stage 3 aircraft must be used and no more than 2 exemptions

per hour can be granted.

Section 456: These new slot exemptions at DCA can’t increase

operations at DCA between 10:00 p.m. and 7:00 a.m.

Section 101(b): The new slot exemption authority doesn’t affect

DOT’s authority under any other provision of law.
178

Conference Substitute

Section 231: DOT is directed to grant 12 slot exemptions within the perimeter. It is also directed to grant 12 slot exemptions outside the perimeter based on certain specified findings. These slots

could go to more than one airline. Stage 3 aircraft must be used.

The exemptions must be for flights between 7 a.m. and 10 p.m.

There can be no more than 2 additional flights per hour. Of the

flights within the perimeter, 4 must be to small hubs or non-hubs

and 8 must be to medium, small, or non-hubs. All requests for exemptions must be submitted within 30 days of enactment. Fifteen

days are allowed to comment on the requests. After that, 45 days

are allowed for DOT to make a decision. Ten percent of the entitlement money at Reagan National Airport must go to noise abatement. Priority shall be given to applications from the 4 slot-controlled airports for noise set-aside money. DOT shall do a study

comparing noise at these 4 airports now as compared to 10 years

ago.

The definition of limited incumbent air carrier includes slots

and slot exemptions held or operated by that carrier. However,

under section 41714(h)(5), slots that are on a long-term lease for

a period of 10 years or more, being used for international service,

and that the current holder releases and renounces any right to

subject to the terms of the lease shall not be counted as slots either

held or operated for the purposes of determining whether the holder is a limited incumbent.

79. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY (MWAA)

House Bill

Section 718: Extends the deadline for reauthorizing MWAA

from 2001 to 2004. Also, eliminates the requirement that the additional Federal Directors be appointed before MWAA can receive

AIP grants or impose a new PFC.

Senate Amendment

Title X: Eliminates the requirement that the additional Federal Directors be appointed before MWAA can receive AIP grants

or impose a new PFC.

Conference Substitute

Section 231(h) and (i) adopt the House and Senate provisions.

80. AIR TRAFFIC CONTROL OVERSIGHT BOARD

House Bill

Section 301 to 303: Establishes a 9-member Board to review

and approve FAA’s air traffic control (ATC) modernization program

(including procurements over $100 million), the appointment of a

Chief Operating Officer and senior executives of the ATC system,

any ATC reorganization, any cost accounting and financial management structure, the performance of employees, and the ATC budget. The 9 members shall be composed of 6 non-Federal members

appointed for 5 years plus the DOT Secretary, the FAA Adminis-
179

trator, and an air traffic employee union head. The Chief Operating

Officer would be appointed for a 5-year term.

Section 304. Allows initial appointments to be made by the

president, but requires all subsequent appointments to be made by

the DOT Secretary.

Senate Amendment

Section 907(c): Chairman of the Management Advisory Council

(MAC) to establish an Air Traffic Services Subcommittee to review

and comment on: the performance of COO and senior managers

within FAA air traffic organization, long range and strategic plans

for air traffic services, Administrator’s selection and compensation

of senior air traffic executives, any major FAA reorganization, FAA

cost allocation system and financial management, and performance

of managers responsible for major acquisition projects.

Section 906(a): Administrator to appoint COO for a 5-year

term. COO is eligible for a 50 percent-of-pay bonus at Administrator’s discretion.

Section 907(a), (b): Similar provision on MAC.

Section 908: Secretary may give FAA Administrator a 50 percent-of-pay bonus.

Conference Substitute

Section 301–304: The Management Advisory Council (MAC) is

retained. Initial appointments of 10 aviation industry representatives and one union leader will be made by the President and confirmed by the Senate. After that, appointments will be made by the

Secretary of Transportation. They are appointed for 3 years except

the union leader who is appointed only while head of the union.

There will be five additional members appointed by the Secretary within 3 months of the date of enactment of this Act. These

5 members should represent the public and not have an interest in

or be involved in an aviation business. They would have to meet

the public interest criteria of the House bill. They should have a

background in management, customer service, information technology, organizational development, or labor relations. They are appointed for 5 years and can only be reappointed once. These 5

members will form the Air Traffic Services Subcommittee. This

Subcommittee will oversee the air traffic control system. It will be

responsible for reviewing and approving certain actions, plans, appointments (including the FAA Administrator’s appointment of a

Chief Operating Officer), budget requests, salaries, and large contracts. The Subcommittee shall select its Chairman who shall serve

a 2-year term. It shall meet at least quarterly and shall file an annual report. If the Subcommittee identifies a problem in the air

traffic control system that is not being adequately addressed, it

shall report the matter to the FAA Administrator, the MAC, and

the Congress. If the Administrator agrees with the report, action

shall be taken on it within 60 days. If the Administrator disagrees,

a report to that effect must be filed with the president and the

Congress. GAO shall report to Congress on whether this new management structure is improving the performance of the air traffic

control system.
180

Neither the Secretary nor the Administrator is on the MAC or

the Subcommittee. The union member described in the House bill

is on the MAC but not the ATC Subcommittee.

The FAA Administrator appoints a Chief Operating Officer

(COO) for a 5-year term with the approval of the Air Traffic Services Subcommittee. The COO reports to the Administrator and can

receive the same salary as the Administrator plus a possible 30%

performance bonus. This bonus shall be based on how well the

COO meets the performance goals that are established by the Administrator and COO in consultation with the Air Traffic Services

Subcommittee. Includes COO’s authority from Senate bill.

81. AIR TRAFFIC MODERNIZATION PILOT PROGRAM

House Bill

No provision.

Senate Amendment

Section 911: Authorizes a FAA-industry joint venture pilot program to accelerate investment in ATC facilities and equipment.

The nonprofit Air Traffic Modernization Association to help airports arrange lease and debt financing of eligible projects. Prescribes an executive panel for the Association. Association can borrow and lend funds, $500 mil total capitalization for FY2000–2002.

No single project can exceed $50 mil. Authorizes FAA payments to

Association. Allows airports to use Association payments to meet

local matching requirements of airport grants. Report to authorizing committees within 3 years of Association’s establishment.

FAA authorized $1.5 million for its share of Association’s organizational and administrative costs.

Conference Substitute

Section 304: Agree to a 10 project pilot cost-sharing program

to encourage nonfederal investment in air traffic control modernization programs. Limits FAA participation to one-third of

project costs and $15 million per project.

82. REGULATORY APPROVAL PROCESS

House Bill

Section 306: Raises from $100 million to $250 million the

threshold that would trigger Secretarial review of a FAA regulation. It also limits the type of regulations that would be considered

significant enough to justify Secretarial review.

Senate Amendment

No provision.

Conference Substitute

Section 305 adopts House provision.
181

83. FAILURE TO MEET RULEMAKING DEADLINE

House Bill

Section 308: Requires FAA to notify Congress if it misses the

deadline in the law for responding to a rulemaking petition, issuing

a notice of proposed rulemaking, or issuing a final rule.

Senate Amendment

No provision.

Conference Substitute

Section 306: In lieu of House provision, require FAA to write

a letter to the authorizing Committees on February 1 and August

1 of each year with the information described by the House bill.

84. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES

House Bill

Section 503: Adds the enforcement procedures in 5 U.S.C.

Chapter 12.

Senate Amendment

Section 419(b): The same provision with slightly different

wording.

Conference Substitute

Section 307: House. Also moves the personnel and procurement

reform sections from the Appropriations Act into Title 49.

85. PROCUREMENT INTEGRITY ACT

House Bill

Section 309: Imposes section of Procurement Integrity Act

(with certain adjustments) that restricts the conduct of business

and information disclosed between Federal employees and government contractors. Penalties can be imposed if contractor bid and

proposal information or source selection information is exchanged

for anything of value or results in an unfair competitive advantage.

Senate Amendment

Section 415: Same or similar provision.

Conference Substitute

Section 307(b): Senate.

86. PERSONNEL REFORM

House Bill

Section 705(a): Provides that the 60-day period for congressional resolution of a dispute between the FAA and one of its

unions does not include a period during which Congress has adjourned sine die.

Senate Amendment

No provision.
182

Conference Substitute

Section 308(a): House.

87. MERIT SYSTEMS PROTECTION BOARD (MSPB)

House Bill

Section 705: Permits an FAA employee subject to an adverse

personnel action to contest it either through contractual grievance

procedures, FAA internal procedures, or by appeal to the MSPB.

Senate Amendment

Section 424: Permits appeals to the MSPB.

Conference Substitute

Section 308(b): House and Senate.

88. STUDY OF FAA COST ALLOCATION

House Bill

Section 307: Requires the DOT inspector general (IG) to conduct an assessment to ensure that FAA’s cost allocations are appropriate. Specifies what the IG is to study. Requires annual reports

for 5 years starting on 12/31/00. Authorizes $1.5 million.

Senate Amendment

Section 414: Requires the DOT inspector general (IG) to conduct or contract out an assessment to ensure that FAA’s cost allocations are appropriate. Specifies what the IG is to study. Final report due in 300 days of contract award. Authorizes such sums as

may be necessary.

Section 910: By 7/9/00, FAA must report to authorizing committees on its cost allocation system now under development, to include specific dates for completion and implementation. DOT IG to

assess the cost allocation system with own staff, or contract it out,

and also assess FAA’s cost and performance management. Updated

report from IG by 12/31/00. FAA is required to include information

in its annual financial report that would allow users to judge FAA’s

progress in increasing productivity.

Conference Substitute

Section 309: House includes the general authorization in the

Senate amendment rather than the specific authorization in the

House bill.

Section 311 adopts section 910(a) of the Senate bill. It requires

a report on the FAA’s cost allocation system.

89. ENVIRONMENTAL STREAMLINING

House Bill

Section 305: Requires DOT to develop and implement a more

expedited environmental review process similar to the one in TEA

21.

Senate Amendment

No provision.
183

Conference Substitute

Section 310: Requires DOT to conduct a study of Federal environmental requirements related to the planning and approval of

airport improvement projects. The purpose of the study would be

to determine if there are ways to streamline the environmental review process for such projects. A report is due in one year.

90. OCEANIC ATC SYSTEM

House Bill

No provision.

Senate Amendment

Section 416: Requires FAA to report on plans to modernize the

oceanic air traffic control system.

Conference Substitute

Section 312: Senate but put in management reform Title.

91. TECHNICAL CLARIFICATIONS TO EXISTING BAN ON LAWYER

SOLICITATION OF FAMILIES

House Bill

Section 401(a): Extends the ban to accidents involving foreign

airlines in the U.S. Extends ban to associates, agents, employees

or other representative of a lawyer.

Extends ban from 30 to 45 days.

Includes enforcement provision.

Senate Amendment

No provision.

Conference Substitute

Section 401(a): House.

92. COUNSELING SERVICES AFTER ACCIDENTS

House Bill

Section 401(b): Prohibits states from preventing out of state

mental health workers of the designated organization from providing counseling services for 30 days (which can be extended for

an additional 30 days after accident.

Senate Amendment

No provision.

Conference Substitute

Section 401(b): House.

93. NON-REVENUE PASSENGERS

House Bill

Section 401(c) and 403(a): Extends protections of Family Assistance Act to people aboard aircraft who are not paying passengers.
184

Senate Amendment

No provision.

Conference Substitute

Section 401(c) and 403(a): House.

94. TECHNICAL CHANGE TO FAMILY ASSISTANCE ACT

House Bill

Section 401(d) and 402(c): Moves a freestanding provision into

Title 49.

Senate Amendment

No provision.

Conference Substitute

Section 401(d) and 402(c): House.

95. U.S. AIRLINE DISASTER ASSISTANCE PLANS

House Bill

Section 402(a): Requires U.S. airlines to update their plans by

adding—

Assurance that they will inform family whether relative

had reservation on the flight.

Assurance that airline employees will receive adequate

training in disaster assistance.

Assurance that if the airline volunteers assistance to U.S.

citizens in the U.S. involving a crash outside the U.S., it will

consult with the NTSB and the State Department.

Senate Amendment

No provision.

Conference Substitute

Section 402(a): House.

96. LIMITATION ON LIABILITY

House Bill

Section 402(b): Protects U.S. airlines from liability if they inadvertently give inaccurate information to a family about a flight reservation.

Senate Amendment

No provision.

Conference Substitute

Section 402(b): House but replaces the term ‘‘flight reservation’’

with the term ‘‘preliminary passenger manifest’’. The terms have

essentially the same meaning but preliminary passenger manifest

is the term already used in new section 4113(b)(14) of Title 49.
185

97. FOREIGN AIRLINE DISASTER ASSISTANCE PLANS

House Bill

Section 403: Requires foreign airlines to update their plans by

adding an assurance that their employees will receive adequate

training in disaster assistance and will consult with the NTSB and

the State Department if the airline volunteers assistance to U.S.

citizens in the U.S. involving a crash outside the U.S.

Senate Amendment

No provision.

Conference Substitute

Section 403: House.

98. DEATH ON THE HIGH SEAS ACT (DOHSA)

House Bill

Section 404: Amends Title 49 to make DOHSA inapplicable to

airline accidents. This applies to any lawsuit that has not been decided by a court or settled.

Senate Amendment

Section 431: Amends DOHSA in the event of a commercial

aviation accident to allow recovery of nonpecuniary damages for

wrongful death (loss of care, comfort and companionship). For all

beneficiaries of the decedent either (1) up to $750,000 adjusted for

inflation in the case of commercial aviation accidents, or (2) the pecuniary loss sustained, whichever is greater. No punitive damages.

Includes inflation adjustment. Applies to any death after July 16,

1996.

Conference Substitute

Consistent with Executive Order 5928, December 27, 1988, the

territorial sea for aviation accidents is extended from a marine

league to 12 miles. The effect of this is that the Death on the High

Seas Act will not apply to planes that crash into the ocean within

12 miles from the shore of the United States. The law governing

accidents that occur between a marine league and 12 miles from

land will be the same as those that now occur less than a marine

league from land. For those accidents that occur more than 12

miles from land, the Death on the High Seas Act will continue to

apply. However, in those cases the Act is modified as in the Senate

bill except that there is no $750,000 cap on damages.

99. EMERGENCY LOCATOR TRANSMITTERS (ELTS)

House Bill

Under current law, ELTs are required on turboprop aircraft

with certain exceptions.

House Bill: Section 510—Requires ELTs on small turbojet aircraft with the following exceptions (similar to those in current

law)—

Aircraft used in scheduled flights by certificated scheduled

airlines;
186

Aircraft used in training operations within 50 miles of the

airport;

Aircraft used for design, testing, manufacture, preparation

and delivery;

Aircraft used in R&D if the aircraft holds the necessary

certificate;

Aircraft used for showing compliance, crew training, exhibition, air racing, and market surveys;

Aircraft used for agricultural spraying;

Aircraft with a maximum payload capacity of more than

7,500 pounds when used for commercial passenger or cargo air

service.

Aircraft capable of carrying only one person such as ultralight aircraft.

Specifies the type of ELT that must be used and directs the

issuance of regulations and the effective date of those regulations

as 1/1/2002.

Senate Amendment

Section 404: The following exceptions to current ELT requirements are eliminated: turbojet-powered aircraft, aircraft holding

R&D certificates, aircraft when used for crew training and market

surveys. ELT requirements would apply to these aircraft.

States what kind of ELTs would meet requirements. Requires

FAA rule by 2002.

Conference Substitute

House, but increase the payload capacity (which is defined in

section 119.3 of the FAA rules) to 18,000 pounds. This would cover

aircraft up to about 60 seats. FAA is required to issue rules implementing this change by January 1, 2001. These rules should take

effect on January 1, 2002. However, FAA may extend the effective

date by 2 years to ensure a safe and orderly transition or for other

safety reasons. The effect is to require business jets and small air

charters to equip with ELTs so they can be located after a crash.

100. CARGO TCAS

House Bill

Section 501: Directs FAA to require cargo aircraft of 15,000

kilograms or more to install collision avoidance equipment by December 31, 2002 that provides protection from mid-air collisions

and resolution advisory capability that is at least as good as

TCAS–II. FAA may extend this deadline by 2 years if that would

promote safety.

Senate Amendment

Section 402: Directs FAA to require cargo aircraft of 15,000

kilograms or more to install collision avoidance equipment by December 31, 2002 that is TCAS II equipment or a similar system approved by the FAA for collision avoidance. FAA may extend the

deadline for 2 years if that would promote an orderly transition or

other safety or public interest objectives.
187

Conference Substitute

Section 502: House.

In 1997, the FAA announced that it expected to establish a

date for final recommendations for installation of collision avoidance systems in cargo aircraft. Three years later, the FAA still has

not acted. Therefore, the conferees have mandated that FAA require a collision avoidance system in cargo planes by a date certain. The Managers urge the FAA to act expeditiously on this.

101. LANDFILLS

House Bill

Section 511: Prohibits new landfills within 6 miles of a small

airport unless the State aviation director requests an exemption

from the FAA and the FAA determines that the landfill would not

adversely affect air safety.

Senate Amendment

No provision.

Conference Substitute

Section 503: House with modifications. The limitation on the

construction of landfills, does not apply to the expansion of existing

municipal solid waste landfills.

Alaska has more than 250 villages and small towns; most of

these communities are densely packed with only one main dirt road

through town, unconnected to any other road system. The vast majority of these townsites are no larger than 2 square miles. Wilderness or other state or federal conservation land surrounds many of

these villages. Most of the airstrips serving these communities are

immediately adjacent to the villages. A provision requiring any

landfill to be at least 6 miles from the airport would be unworkable

in Alaska because of these constraints, the harsh arctic environment, and the enormous capital expenditures necessary to build

roads and secure federal permits to establish landfills in wilderness

or refuge lands. Therefore, this provision does not apply in Alaska.

There are many other similar exceptions for Alaska in title 49.

102. MARKING OF LIFE-LIMITED PARTS

House Bill

Sections 507: Requires FAA to issue rules to determine the

best way to ensure the safe disposition of life-limited civil aviation

parts. Provides 180 days for the proposed rule and 180 days for the

final rule. Also provides for civil penalties for failure to mark.

Senate Amendment

No provision.

Conference Substitute

Section 504: House.
188

103. BOGUS PARTS AND CERTIFICATE REVOCATION

House Bill

No provision.

Senate Amendment

Section 405: Prohibits the certification or hiring of a person (individual or company) that has been convicted of a violation of a law

relating to counterfeit parts, or the certification of a company that

is subject to a controlling or ownership interest of a convicted individual. FAA required to revoke certificates on the same basis, with

appeal procedures built in. FAA can waive revocation if a law enforcement official requests it, and it will facilitate law enforcement.

Certificates can be amended to limit convicted individuals’ controlling interest.

Conference Substitute

Section 505: Senate with modifications.

104. BOGUS PARTS AND CRIMINAL PENALTIES

House Bill

No provision.

Senate Amendment

Section 464: Applies to a person who knowingly engages in

interstate commerce concerning any aircraft or space vehicle part,

and who conducts this business fraudulently. If the fraudulent part

is installed in aircraft or space vehicle, fine of up to $500,000 and

up to 25 years in prison. If the fraudulent part results in serious

bodily injury or death, fine of up to $1,000,000 and up to life in

prison. If an organization commits the offense, fine of up to $25

mil. Otherwise, fine under Title 18 U.S.C. and up to 15 years in

prison. District courts empowered to divest interest in and destroy

parts inventories, impose restrictions on future employment in

same field, and to dissolve or reorganize the related enterprise.

Property and proceeds derived from enterprise to be forfeited.

Conference Substitute

Section 506: Senate with modifications. It is intended that the

penalties for the failure of parts to operate as represented in (b) (2)

and (3) only applies to aircraft and space vehicle parts.

105. HAZMAT

House Bill

Section 512: Makes clear that ignorance of the law is no excuse

with respect to hazmat regulations but may be considered in mitigation of the penalty.

Senate Amendment

Section 435: Directs FAA to make elimination of the backlog of

hazardous materials enforcement cases a priority and that the laws

in this area are carried out in a consistent manner. FAA shall report quarterly to the Senate Commerce Committee on its progress.
189

Conference Substitute

Section 507: House.

106. CRIMINAL HISTORY RECORD CHECKS

House Bill

No provision.

Senate Amendment

Section 306(1): Permits criminal history record check for security screeners.

Conference Substitute

Section 508(a): Senate

107. PILOT RECORD SHARING

House Bill

Section 502: Exempts the military from the requirement to provide records. Limits the records that must be provided to those that

involve the individual’s performance as a pilot. Allows an airline to

hire a pilot even if it has not received records from a foreign entity

if it has made a good faith effort to obtain them. FAA may allow

designated individuals to have electronic access to pilot record

database.

Senate Amendment

Section 306: The same provision with respect to individual’s

performance as a pilot and records from foreign entities. No provision on military records or on allowing designated individuals to

have access to the records.

Conference Substitute

Section 508(b): House with privacy terms to ensure that information from database is only obtained by person who needs info for

hiring decision and that information is only used for that purpose.

108. CRIMINAL PENALTIES FOR AIRLINE PILOTS FLYING WITHOUT A

LICENSE

House Bill

No provision.

Senate Amendment

Section 309: Provides for fines and maximum 3 years imprisonment for airline pilots who fly without a license and for individuals,

but not companies, that hire them. Fines and prison terms increase

if the individual is smuggling drugs or aiding in a drug violation.

Conference Substitute

Section 509: Senate.
190

109. FLIGHT OPERATIONS QUALITY ASSURANCE (FOQA) RULES

House Bill

Section 505: Requires FAA to issue a proposed rule within 30

days protecting airlines and airline employees from civil enforcement actions for disclosures made under FOQA. The Final rule is

due 1 year after the comment period closes.

Senate Amendment

Section 409: Same provision except 90 days is allowed for the

issuance of the proposed rule and it applies to all enforcement actions for violation of the FARs that are reported or discovered as

a result of voluntary reporting programs (such as FOQA and

ASAP), other than criminal or deliberate acts. No requirement on

final rule.

Conference Substitute

Section 510: Senate; except that 60 days is allowed for the

issuance of the proposed rule.

110. UNRULY PASSENGERS

House Bill

Section 508: Subjects unruly passengers to fine of $25,000 and

a possible ban on commercial air travel for one year.

Senate Amendment

Section 406: Imposes fine of $10,000 on person who interferes

with the crew or poses a threat to the safety of the aircraft.

Title XV: Imposes fine of $25,000 on person who assaults or

threatens to assault the crew or another passenger, or poses a

threat to the safety of the aircraft or its passengers. Attorney General may set up a program to deputize state and local airport law

enforcement officials as deputy U.S. marshals for enforcement purposes.

Conference Substitute

Section 511: Senate. $25,000 fine. Also requires the Justice Department to notify the House and Senate authorizing Committees

within 90 days as to whether it plans to set up the program to deputize local law enforcement.

111. AIR TRANSPORTATION OVERSIGHT SYSTEM

House Bill

Section 509: Requires FAA to submit an annual report for the

next 5 years on its progress in implementing its new airline inspection system.

Senate Amendment

Section 417: Beginning in 2000, FAA shall report biannually

on the air transportation oversight system (inspector training) announced on May 13, 1998.
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Conference Substitute

Section 513: Requires reports on August 1, 2000 and August 1,

2002. Takes elements of report contents from both bills.

112. RUNWAY SAFETY AREAS

House Bill

Section 139: Makes arrestor beds described in a FAA circular

eligible for AIP grants and directs FAA to do a rulemaking to improve runway safety through arrestor beds, longer runways, or

other means.

Senate Amendment

Section 403: Requires FAA, within 6 months, to ‘‘solicit comments on the need for’’ improvement of runway safety areas and

installation of precision approach path indicators.

Conference

Section 514: Adopts Senate ‘‘solicit comments’’ language in lieu

of House rulemaking language. Adds limitation stating that in

making grants for Engineered Materials Arresting Systems the

Secretary shall require that the sponsor demonstrate that the effects of jet blast have been adequately considered.

Also adds a provision to cover situations where an airport’s

runways are constrained by physical conditions. In those situations, the FAA is directed to consider alternative means for ensuring runway safety when prescribing conditions for runway rehabilitation grants.

Section 515: Senate provision on precision approach path indicators.

The conferees urge the Administrator to encourage all civil airport certified under FAR Part 139 CFR to have standard runway

safety areas in accordance with the most cost effective and efficient

method described in FAA circulars in the numbered 150 series.

113. AIRCRAFT DISPATCHERS

House Bill

Section 516: Within one year, FAA shall study the role of aircraft dispatchers including an assessment of whether dispatchers

should be required for cargo and commuter airlines and whether

FAA inspectors should be assigned to oversee dispatchers.

Senate Amendment

No provision.

Conference Substitute

Section 516: House.

114. TRAINING FOR MECHANICS

House Bill

Section 517: FAA and industry shall develop a model program

to improve training for mechanics.
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Senate Amendment

No provision.

Conference Substitute

Section 517: House.

115. SMALL AIRPORT CERTIFICATION

House Bill

Section 506: Requires FAA to issue proposed small airport certification standards within 60 days after enactment and Final rules

within 1 year of the close of the comment period.

Senate Amendment

No provision.

Conference Substitute

House

116. FIRE AND RESCUE PERSONNEL

House Bill

Section 513: Directs FAA to conduct a rulemaking on the mission of rescue personnel, rescue response times, and needed extinguishing equipment taking into account the need for different requirements for airports of different sizes.

Senate Amendment

Section 450: Requires FAA study within 6 months on current

and future airport safety needs, focusing on rescue personnel, response time, and extinguishing equipment. If FAA recommends revisions to part 139, study must include a cost-benefit analysis.

Conference Substitute

No provision.

117. MAINTENANCE IMPLEMENTATION PROCEDURES (MIPs)

House Bill

Section 514: Prohibits FAA from entering into a MIP unless

the foreign nation is inspecting repair stations to ensure their compliance with FAA standards.

Senate Amendment

No provision.

Conference Substitute

No provision.

118. INJURIES TO AIRPORT WORKERS

House Bill

Section 515: Directs FAA to study, within one year, the number of workers injured or killed as a result of being struck by moving vehicle on the airport tarmac.
193

Senate Amendment

No provision.

Conference Substitute

House.

119. SAFETY RISK MITIGATION PROGRAM

House Bill

Section 504: Requires FAA to issue guidelines encouraging

safety risk mitigation programs such as self-disclosure programs.

Senate Amendment

No provision.

Conference Substitute

No provision.

120. AERONAUTICAL CHARTING TRANSFER

House Bill

Section 736: The FAA shall consider procuring mapping and

charting services from the private sector if that would further the

mission of the FAA and be cost effective.

Senate Amendment

Title VIII: Transfers to FAA the Department of Commerce responsibilities and offices for aeronautical charting.

Conference Substitute

Title VI: Senate provisions except that (1) the current special

VFR route provision in section 44721 is retained and (2) the authority to conduct aerial and field surveys is not transferred.

Section 607 adopts the provision from the House bill.

121. DUTIES AND POWERS OF THE ADMINISTRATOR

House Bill

Section 701: Lists FAA duties.

Senate Amendment

Section 701: Technical corrections. The sections listed should

be the same as the House’s.

Conference Substitute

Section 701: House and Senate.

122. PUBLIC AIRCRAFT

House Bill

Section 702: Restates the definition of public aircraft in a way

that is intended to have fewer double negatives and be more understandable. It also permits a military aircraft to carry passengers for

reimbursement without losing its public aircraft status when Federal law requires that reimbursement. The Provision clarifies that
194

carriage of prisoners is considered part of the law enforcement

function and therefore can be performed by public aircraft. Permits

public aircraft to fly charters for DOD if DOD designates the flight

as being in the national interest. Requires NTSB to do a study

comparing the safety of public and civil aircraft.

Senate Amendment

Section 209: Permits public aircraft to be used to transport

passengers if those passengers are involved in prisoner transport.

Conference Substitute

Section 702: Revises the title of subsection (a) since there are

some substantive changes in the law. Inserts ‘‘regulation or directive on November 1, 1999’’ after ‘‘Federal law’’ in new section

40125(a)(1) because an OMB circular may be the basis for the requirement that reimbursement be paid. Makes clear in new section

40125(c)(2) that an aircraft of the National Guard of a state, territory, Puerto Rico, or the District of Columbia can operate as a public aircraft only when it is operated under the direct control of the

United States Department of Defense. Paragraph (c)(1)(B) of new

section 40125 takes account of the other missions that military aircraft may be called upon to provide and allows a military aircraft

to operate as public aircraft if it is performing a governmental

function and operating under the titles specified in that paragraph.

Two of these changes have been of concern to commercial helicopter operators. One would allow a military aircraft to be operated

under the more lenient rules governing public aircraft if it was

used in the performance of a governmental function. The other

change would allow a government aircraft to retain its public aircraft status even when receiving compensation for the flight as long

as a Federal law or directive required the compensation on the date

of enactment.

With respect to the first concern, the conference substitute limits the qualifying governmental function to those performed under

titles 14, 31, 32, or 50 of the U.S. code.

With respect to the second concern, the conference substitute

limits the law or directive to those in effect last year. This will prevent the military or other Federal agency from issuing rules now

to take advantage of this new exception.

With these changes, the managers believe that they have

achieved a balance between the needs of the military and the legitimate interests of commercial aircraft operators.

123. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

House Bill

Section 703: Exempts bid submissions from the Freedom of Information Act except for certain unsuccessful bids.

Senate Amendment

No provision.

Conference Substitute

Section 703: House.
195

124. MULTIYEAR PROCUREMENT CONTRACT

House Bill

Section 704: Allows 10-year contracts for telecommunication

services using satellites if that would be cost beneficial.

Senate Amendment

Section 436: Authorizes FAA to establish a pilot program

(FY2001–2004) to test long-term contracts for leasing aviation

equipment and facilities. No more than 10 contracts, each at least

5 years. Many include requirements related to oceanic and ATC,

air-to-ground radio communications, ATC tower construction.

Conference Substitute

Section 704: Senate. Reference to telecommunications satellites

as in the House bill. Contracts may enter into in fiscal years 2001

through 2003 but the terms of the contracts are not limited to

those 3 years.

125. SEVERABLE SERVICES CONTRACTS

House Bill

Section 719: Amends procurement reform provision in the Appropriations Act. Notwithstanding the Federal Acquisition Streamlining Act, FAA may enter into contracts for services that begin in

one year and end in another.

Senate Amendment

Section 301: Amends Title 49. FAA may enter into contracts

for services that begin in one year and end in another, and obligations of funds for one fiscal year may carry over.

Conference Substitute

Section 705: Senate.

126. PROHIBITION ON RACIAL DISCRIMINATION IN AIRLINE TRAVEL

House Bill

Section 706: Prohibits racial discrimination.

Senate Amendment

Section 455: Prohibits discrimination at airports.

Conference Substitute

Section 706: House And Senate.

127. PROHIBITION ON DISCRIMINATION IN USE OF PRIVATE AIRPORTS

House Bill

No provision.

Senate Amendment

Section 455: Prohibits a state, county, city or municipal government from restricting the full enjoyment of a private airport on the
196

basis of a person’s race, creed, color, national origin, sex or ancestry.

Conference Substitute

Section 706: Senate

128. INTERNATIONAL STANDARDS FOR HANDICAPPED ACCESS

House Bill

Section 706(c): Directs DOT to work with international organizations to improve access for handicapped passengers especially on

foreign airlines that code-share with U.S. carriers. Extends the existing prohibition on discrimination to foreign airlines operating to

the U.S. subject to bilateral obligations under section 40105(b). Imposes a penalty of $10,000 for violations.

Senate Amendment

Section 407: Directs DOT to work with international organizations to improve access for handicapped passengers especially on

foreign airlines that codeshare with U.S. carriers. Extends the existing prohibition on discrimination to foreign airlines operating in

U.S. Each act of discrimination constitutes a separate violation.

Each complaint shall be investigated and complaint statistics shall

be publicly reported. Annual report to Congress. The government

shall provide technical assistance to airlines and disabled people.

Adds the section prohibiting discrimination against the handicapped to those subject to the $1,000 civil penalty. If the carrier

that discriminated does not provide a credit or voucher to the passenger in the specified amounts, then the penalty will be that specified amount. Attorney’s fees may be awarded if the court deems

it appropriate.

Conference Substitute

Section 707: Senate provision insofar as it (1) directs DOT to

work with international organizations to improve access for handicapped passengers especially on foreign airlines that code-share

with U.S. carriers; (2) extends the existing prohibition on discrimination of foreign airlines operating to the U.S.; (3) states that each

act of discrimination constitutes a separate violation; (4) requires

that each complaint be investigated and complaint statistics be

publicly reported; (5) mandates an annual report to Congress; and

(6) requires that technical assistance be provided to airlines and

disabled people. Civil penalties for violations are increased to

$10,000. The extension of the prohibition on discrimination to foreign airlines is made subject to U.S. bilateral obligations as in the

House bill.

129. SMOKING PROHIBITION, INTERNATIONAL FLIGHTS

House Bill

No provision.

Senate Amendment

Section 437: Extends the smoking restriction on domestic

flights to segments of international flights that arrive in or depart
197

from the U.S. Procedures established if foreign government objects

to extraterritorial application of U.S. law.

Conference Substitute

Section 708: Senate.

130. JOINT VENTURES/ALLIANCES

House Bill

Section 707: Makes clear that the provision requiring notice of

certain joint venture and alliance agreements apply only to those

agreements where both parties are major airlines.

Senate Amendment

No provision.

Conference Substitute

Section 709: House

131. ANIMAL TRANSPORTATION

House Bill

No provision.

Senate Amendment

Title XVII: Within 2 years of enactment, DOT will require each

air carrier to submit to DOT details on animals on each flight. Any

serious incident involving an animal must be reported to Department of Agriculture (DOA) and DOT. This information will be included in Air Travel Consumer Reports. Consumer complaints involving animals must be reported within 15 days by DOT to DOA.

Annual reports under the Animal Welfare Act. Each air carrier to

amend contract of carriage to lay out procedures for safe transport

of animals. Civil penalty up to $5,000 for each incident involving

the loss, injury or death of an animal during transport. If carrier

at fault, carrier liable to owner for at least twice the liability for

mishandled baggage, plus costs of animal treatment within 1 year

of the incident. DOT to require carriers to upgrade cargo containers

to provide airflow, and heating and cooling. After 1/1/00, carrier

cannot carry animals unless it’s made this upgrade. 3/31/02 report

to Congress.

Conference Substitute

Section 710: The Managers have heard from animal rights activists and citizens who use airlines to transport animals. They

have sharply differing views over the extent of the problem and the

appropriate remedy. Accordingly, the Conference Report modifies

the Senate provision to ensure that airlines will continue to be able

to carry animals while information is collected to determine whether there is a problem that warrants stronger legislative remedies.

Toward this end, scheduled U.S. airlines will be required to provide

monthly reports to DOT describing any incidents involving animals

that they carry. DOT and the Department of Agriculture must

enter into a MOU to ensure that the Agriculture Department receives this information. DOT must publish data on incidents and
198

complaints involving animals in its monthly consumer reports or

other similar publication. In the meantime, DOT is directed to

work with airlines to improve the training of employees so that (1)

they will be better able to ensure the safety of animals being flown

and (2) they will be better able to explain to passengers the conditions under which their pets are being carried. People should know

that their pets might be in a cargo hold that may not be air-conditioned or may differ from the passenger cabin in other respects.

132. WAR RISK INSURANCE

Hosue Bill

Section 708: Extends the program until December 31, 2004.

Senate Amendment

Section 307: Extends the program until December 31, 2003.

Conference Substitute

Section 71: Senate.

133. IMPROVEMENTS TO LEASED PROPERTY

House Bill

Section 709: Allows FAA to pay for improvements to leased

property even if the costs of the improvements exceed the costs of

the lease if the cost of the lease is nominal and certain other conditions are met.

Senate Amendment

Section 420: Similar provision. No requirement that the cost of

the lease be nominal.

Conference Substitute

Section 712: House.

134. HUMAN FACTORS PROGRAM

House Bill

No provision.

Senate Amendment

Section 413: Requires FAA to report on the Advanced Qualification Program, and its adoption among air carriers. FAA must

address the concerns of the National Research Council on problems

associated with human interface with ATC automation. FAA must

work with the aviation industry to develop training curricula for

the listed safety problems. FAA, with NTSB and the industry, must

establish a process to assess human factors training as part of accident investigations. FAA must establish a test program to use

model Jeppesen approach plates to improve nonprecision landing

approaches. Training practices associated with flight deck automation must be updated within 12 months.
199

Conference Substitute

Section 713: Senate but delete Senate subsection (c) and

change ‘‘improve nonprecision landing approaches’’ in Senate subsection (d), now subsection (b), to ‘‘allow for precision-like approaches’’. The FAA is directed to work with the representatives of

the aviation industry and appropriate aviation programs associated

with universities on this human factors program. The appropriate

aviation programs could include a nonprofit Corporation involving

academia. The Managers note that the State University of New

York at Buffalo is already conducting this research.

135. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO

CONVENTION

House Bill

Section 710: FAA may trade responsibilities with another country for the regulation of aircraft registered in each other’s country.

However, a country that does not meet ICAO standards could not

be given responsibility for U.S. aircraft.

Senate Amendment

Section 304: Similar provision except there is not a specific

prohibition on transferring responsibility to a country that does not

meet ICAO standards.

Conference Substitute

Section 714: House.

136. PUBLIC RELEASE OF AIRMEN RECORDS

House Bill

Section 711: Requires airman records (name, address, and ratings) be made available to the public 120 days after enactment. Before making the address available, the airman shall be given the

opportunity to have it withheld. A one-time written notification of

one’s right to withhold public release of this information shall be

developed and implemented, in cooperation with the aviation industry, within 60 days.

Senate Amendment

No provision.

Conference substitute

Section 715: House but modified to ensure that new pilots are

notified of their option to withhold this information from the public.

The FAA and organizations representing pilots and other airmen

should use their web pages and other appropriate means to notify

airmen that they can elect not to have the information about them

publicly released.

137. EMERGENCY REVOCATION OF CERTIFICATES

House Bill

Section 712: Gives a holder of a FAA certificate the right to appeal an emergency revocation of that certificate to the NTSB. If 2
200

Board Members determine that there was not an emergency, the

certificate is restored, subject to review by the full Board within 15

days.

Senate Amendment

Section 311: Gives the holder of an FAA certificate the right

to appeal the immediate nature of an emergency revocation of that

certificate to the NTSB. Certificate holder must request review

within 48 hours of the emergency revocation. NTSB has 5 days

from the review filing to determine whether immediate certificate

revocation should be stayed.

Conference Substitute

Section 716: Senate except the 48-hour period to file an appeal

begins to run after receipt of the emergency order by the person

rather than when it becomes effective. Also, the standard of review

is modified.

138. GOVERNMENT AND INDUSTRY CONSORTIA

House Bill

Section 713: Permits FAA to establish consortia at airports to

advise on security and safety matters. Such consortia shall not be

considered Federal advisory committees.

Senate Amendment

Section 303: Similar provision.

Conference Substitute

Section 717: Senate.

139. PASSENGER MANIFEST

House Bill

Section 714: Changes ‘‘shall’’ to ‘‘should’’ in section 44909(a)(2).

Senate Amendment

Section 402: The same or similar provision. Relaxes passenger

manifest requirements to say that full name, passport number, and

emergency contact name and number should be included.

Conference Substitute

Section 718: House and Senate.

140. FEES FOR SERVICE TO FOREIGN ENTITIES

House Bill

Section 715: Permits fees to be collected for inspection, certification and similar services performed outside the U.S. except for

fees for production-certification related services performed outside

the U.S. pertaining to aeronautical products manufactured there.

Senate Amendment

Section 305: Similar provision.
201

Conference Substitute

Section 719: House.

141. CIVIL PENALTIES

House Bill

Section 716: Makes technical corrections.

Senate Amendment

Section 308: Same or similar provision.

Conference Substitute

Section 720: House and Senate.

142. WAIVERS FROM NOISE ACT

House Bill

Section 717: Gives foreign airlines the same right to seek waivers from the stage 3 compliance schedule as U.S. airlines. Also, allows stage 1 or stage 2 aircraft to be brought into the U.S. to sell

the aircraft outside the U.S., to sell the aircraft for scrap, or to

modify the aircraft to meet Stage 3 standards. Also, allows Stage

2 aircraft used for service within Hawaii to be brought into the 48

States for maintenance.

Senate Amendment

Section 302: Requires DOT to allow stage 2 aircraft to be

brought into the U.S. to sell, lease or use the aircraft outside the

U.S., to scrap the aircraft, to modify the aircraft to meet Stage 3

standards, to perform scheduled heavy maintenance or significant

modifications on the aircraft, to exchange the aircraft between the

lessor and the lessee, to prepare or store the aircraft for any of the

above activities, or to divert the aircraft to alternative airports for

safety or ATC reasons in conducting any of the above flights. DOT

required to establish procedure within 30 days for waivers or ferry

permits. Allows Stage 2 aircraft used for service within Hawaii to

be brought into the 48 States for maintenance (including major alterations) or preventative maintenance. Exempts experimental aircraft from the stage 3 requirements.

Conference Substitute

Section 721. Adopts House section 717(a) giving foreign airlines the right to seek waivers similar to U.S. airlines.

Adopts the Senate provision with an addition stating that

nothing in this section shall be construed as interfering with or

otherwise nullifying determinations made or to be made under

pending applications on November 1, 1999 by the Federal Aviation

Administration pursaunt to Title 14, part 161 of the Code of Federal Regulations. Any waivers granted by public law 106–113 shall

not be adversely affected by this provision and shall continue in effect.
202

143. LAND USE COMPLIANCE REPORT

House Bill

Section 737: Directs FAA to add a section to its annual report

listing airports that are not in compliance with grant assurances

with respect to airport land and explaining the corrective action

that will be taken to address the problem.

Senate Amendment

No provision.

Conference Substitute

Section 722. House, but modified to make clear that FAA

would list only those airports that it believes are not in compliance.

It would not have to audit them or make a final determination before putting them on the list.

144. DENIAL OF AIRPORT ACCESS

House Bill

Section 154: Allows an airport, which will be required to obtain

a certificate, to deny access to airlines that can only serve certificated airports if the airport does not intend to apply for such a certificate.

Senate Amendment

Section 421: Permits an uncertificated reliever airport located

within 35 miles of a hub airport with adequate gate capacity to

deny access to a public charter operator that provides notice to the

public of its schedule.

Conference Substitute

Section 723: Prohibits an airline or charter operator from providing regularly scheduled charter air transportation (where the

public is provided a schedule containing the departure location, departure time, and arrival location) to an airport that does not have

an airport operating certificate from the FAA.

145. YEAR 2000 PROBLEM

House Bill

No provision.

Senate Amendment

Section 401: Requires FAA quarterly reports on Year 2000

problem through 12/31/00.

Section 457: Requires air carriers to respond to FAA by November 1, 1999, regarding their readiness for the Y2K problem as

it relates to safety. If FAA doesn’t receive response by then, must

decide on the record whether to revoke certificate. FAA may reinstate certificate if carrier later submits sufficient information to

demonstrate it is in compliance with applicable safety regulations

as they relate to Y2K.
203

Conference Substitute

No provision.

146. STAGE 4 NOISE STANDARDS

House bill

Section 730: Requires FAA to continue to work to develop a

new standard for quieter aircraft. Beginning March 1, 2000, FAA

must submit annual reports to Congress on this work.

Senate Amendment

No provision.

Conference Substitute

Section 726: House except that the goals to be considered in

developing these new standards are set forth and the annual report

requirement does not begin until July 1, 2000.

147. TAOS PUEBLO

House Bill

No provision.

Senate Amendment

Section 429: Within 18 months, the FAA shall work with the

Taos Pueblo and Blue Lakes Wilderness area to study the feasibility of conducting a demonstration to require all aircraft to maintain altitude of 5,000 feet.

Conference Substitute

Section 727: Study in Senate bill modified to also study whether itinerant general aviation aircraft should be exempt.

148. AIRCRAFT SITUATION DISPLAY DATA

House Bill

Section 721: Requires any person that receives aircraft situational display data from the FAA to be able to, and to agree to,

block aircraft registration numbers if the FAA asked that they be

blocked. Also requires any existing agreement with the FAA to obtain aircraft situational display data to conform to the requirements above.

Senate Amendment

Section 427: Similar provision.

Conference Substitute

Section 729: House and Senate.

149. EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS

House Bill

Section 722: Authorizes $2 million and the hiring of personnel

to reduce the backlog of equal employment opportunity complaints.
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Senate Amendment

No provision.

Conference Substitute

Section 730: House but does not specify the account from which

the money will come.

150. EASEMENT IN CALIFORNIA

House Bill

Section 724: Grants an easement to facilitate construction of

the California State Route 138 bypass.

Senate Amendment

No provision.

Conference Substitute

Section 731: House provision but with documentation required

of the California DOT to ensure that the benefit of the easement

to the airports will be at least equal to the value of the easement

being granted. This ensures that there is no revenue diversion in

the transaction.

151. ALASKA AIR GUIDES

House Bill

Section 725: Requires Alaska air guides to be regulated under

the FAA rules in 14 CFR Part 91 governing general aviation rather

than the rules for a commercial operation. Also, directs the FAA to

conduct a rulemaking to supplement the requirements of Part 91

with additional requirements for Alaska Air Guides that are needed to ensure air safety.

Senate Amendment

Section 411: Similar provision.

Conference Substitute

Section 732: House with an insert at the end of paragraph

(b)(2)(G) as follows: In making such a determination, the Administrator shall take into account the unique conditions associated with

air travel in Alaska to ensure that such actions are not unduly burdensome. Also, in paragraph (c)(2)(C) put a period after ‘‘guide

services’’ and delete everything that follows.

This section is designed to impose additional safety regulations

on Alaska Guide-Pilots. However, since the flight services they provide are incidental to the hunting, fishing and other guide services

provided, Alaska Guide-Pilots are distinctly different than air taxis

and commuter carriers, which are governed by the FAA regulation

set forth in Part 135. This section is intended to impose enhanced

safety requirements on Alaska Guide-Pilots. However, such safety

requirements are intended to be less burdensome and less costly

than those set forth in Part 135 which are applicable to air taxis

and common carriers. Nothing in this section, including subpara-
205

graph (b)(2)(G), is intended to authorize the FAA Administrator to

treat Alaska guide pilots as de facto Part 135 operators.

152. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE

House Bill

Section 738: Makes funds available from TEA 21 to establish,

at a closed or realigned army depot, a facility to serve as a satellite

data repository and to analyze transportation data collected by government and industry.

Senate Amendment

No provision.

Conference Substitute

Section 733: House.

153. FOREIGN REPAIR STATION ADVISORY PANEL

House Bill

Section 726: Panel established by DOT.

12 members as follows: 3 from the unions; 1 from cargo airlines; 1 from passenger airlines; 1 from aircraft repair stations; 1

manufacturers; 1 from air taxi and corporate aircraft; 1 from commuters; 1 from Commerce; 1 from State; and 1 from FAA.

Requires DOT, by rule, to collect information on balance of

trade and safety issues from airlines and repair stations, both U.S.

and foreign, relating to work performed on U.S. and foreign aircraft.

Requires collection of information on drug testing at foreign repair stations and encourages DOT to work with ICAO to increase

drug testing programs.

Requires DOT to make any relevant non-proprietary information available to the public. Terminates the panel 2 years after the

date of enactment or December 31, 2001, whichever occurs first.

Senate Amendment

Section 426: Panel established by FAA.

11 members as follows: 3 from unions; 1 from cargo airlines;

1 from passenger airlines; 1 from aircraft and component repair

stations; 1 from manufacturers; 1 from industry group not mentioned above; 1 from DOT; 1 from State; and 1 from FAA.

Requires FAA, by rule, to collect information from foreign repair stations to assess safety issues with respect to work performed

on U.S. aircraft only. FAA may require this information from U.S.

airlines with respect to their use of U.S. repair stations.

Requires collection of information on drug testing at foreign repair stations.

Information collected must be made public.

The panel shall terminate after 2 years. FAA shall report annually to Congress on the number of repair station certificates that

were revoked, suspended or not renewed in previous year.
206

Conference Substitute

Section 734: House provision except FAA establishes the panel.

In developing its advice, the panel may consider the similarities

and differences in the FAA regulations for initial certification and

renewal of those certificates of foreign and domestic repair stations,

the similarities and differences in FAA operating regulations of

those stations, a comparison of the inspection findings resulting

from surveillance, a comparison of the manner in which FAA inspection findings are addressed and documented by the certificate

holders and the FAA, a comparison of the number of FAA enforcement actions resulting in a final order of civil penalty or certificate

action, and a comparison showing the extent to which maintenance

performed by repair facilities has been found to be the probable

cause or contributing factor in any accident investigation performed by the NTSB. The panel should also look at the ability of

the FAA to adequately oversee foreign repair stations.

154. OPERATIONS OF AIR TAXI INDUSTRY

House Bill

Section 727: Requires the FAA to study the air taxi industry

to increase the government and industry’s understanding of the

size and nature of the industry with a view toward using this information in the context of future regulatory actions.

Senate Amendment

No provision.

Conference Substitute

Section 735: House.

155. NATIONAL AIRSPACE REDESIGN

House Bill

Section 728: States that it is the sense of Congress that the

FAA should complete and begin implementing the comprehensive

national airspace redesign as soon as possible.

Senate Amendment

Section 909: FAA is required to conduct a comprehensive redesign of the national airspace system, and report to the authorizing

committees no later than 12/31/00. Authorizes $12 mil FY2000–

2002.

Conference Substitute

Section 736: Senate.

156. AVOIDING DUPLICATION OF ENVIRONMENTAL WORK

House Bill

Section 729: Permits an airport to use a completed environmental assessment or environmental impact study for a new

project at the airport if the completed assessment or study was for

a project that is substantially similar to the new project and meets

all Federal requirements for such a study or assessment.
207

Senate Amendment

Section 418: Similar provision.

Conference Substitute

Section 737: House.

157. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS

House Bill

Section 731: Encourages the FAA to consider any proposal with

a regional consensus submitted by a State aviation authority regarding the expansion of existing airport facilities or the introduction of new airport facilities.

Senate Amendment

Section 466: AIP funds may be available for Georgia’s regional

airport enhancement program.

Conference Substitute

Section 738: House.

158. CINCINNATI BLUE ASH AIRPORT

House Bill

Section 732: Allows Blue Ash Airport to be sold by the city of

Cincinnati to the city of Blue Ash. Subsection (b) makes the revenue diversion restrictions inapplicable to this transaction.

Senate Amendment

Section 441: Similar provision, but does not allow for any revenue diversion.

Conference Substitute

Section 739: House but make subsection (b) discretionary with

FAA. The Managers have accepted a House provision allowing for

the sale of Cincinnati-Municipal Blue Ash Airport to the City of

Blue Ash, Ohio, in advance of the expiration of current grant assurances in 2003. Blue Ash Airport is an important reliever airport to

Lunken Field and the conferees have agreed to this provision solely

because it will extend the current grant assurances at Blue Ash

until 2023.

The conferees remain concerned about the FAA’s willingness to

enforce grant assurances. Therefore the conferees direct that

should the Secretary approve the sale, a Memorandum of Understanding (MOU) must first be entered into between the FAA and

the City of Blue Ash. The MOU must be enforceable by the FAA

and protect the existence of the airport until at least 2023. Should

the City of Blue Ash receive federal airport funding during this period the conferees expect normal grant assurances will extend the

life of the airport beyond 2023.
208

159. AIRCRAFT USED TO RESPOND TO OIL SPILLS

House Bill

Section 733: Allows the Defense Department to sell aircraft for

use in responding to oil spills.

Senate Amendment

Section 425: Allows the Defense Department to sell excess aircraft for use in responding to oil spills. Aircraft can be used for secondary purposes as long a they don’t interfere with oil spill response. DOT certifies to DOD that recipient is capable of participating in an oil spill responsive plan that has been approved by the

Secretary of the Department in which the Coast Guard is operating.

Conference Substitute

Section 740: Senate except makes clear that if secondary purposes for which the aircraft will be used would require a certificate

from the FAA, such a certificate must be obtained before the aircraft can be used for those secondary purposes.

160. DISCRIMINATION AGAINST COMPUTER RESERVATION SYSTEMS

OUTSIDE THE U.S.

House Bill

Section 734: Allows the Secretary of Transportation to take action to prevent a foreign country from discriminating against U.S.

computer reservation systems.

Senate Amendment

No provision.

Conference Substitute

Section 741: House.

161. SPECIALTY METALS CONSORTIUM

House Bill

No provision.

Senate Amendment

Section 442: Authorizes FAA to work with domestic metal producers and engine manufacturers to improve the quality of engine

materials.

Conference Substitute

Section 742: Senate. This section would allow the FAA to work

with a proven consortium of domestic metal producers and aircraft

engine manufacturers to improve the quality of turbine engine materials. Improving the ability of these materials to withstand stress

and high temperature will lead to fewer air carrier accidents and

improved air safety.
209

162. INTERNATIONAL FLIGHT CREW LICENSING

House Bill

No provision.

Senate Amendment

Section 451: Requires FAA to implement a bilateral aviation

safety agreement for conversion of flight crew licenses between

U.S. and JAA member governments. Attempts to address a rule

promulgated by JAA that makes conversion of U.S. licenses to JAA

licenses difficult.

Conference Substitute

No provision.

163. NOISE STUDY AT SKY HARBOR AIRPORT

House Bill

Section 741: Directs FAA to study the effect on noise contours

of the new flight patterns at Phoenix and report within 90 days on

measures to mitigate noise. Report shall be available to the public.

Senate Amendment

No provision.

Conference Substitute

Section 746: House.

164. HELICOPTER NOISE

House Bill

Section 742: Directs DOT to study the effects of noise by nonmilitary helicopters and develop recommendations for reducing

noise. Helicopter industry and public views must be considered and

a report filed in 1 year.

Senate Amendment

No provision.

Conference Substitute

Section 747: House but limit the study to densely populated

areas, such as New York or Los Angeles, in the 48 states. The

study should focus on air traffic control procedures rather than new

aircraft technology to address the noise problem and should take

into account the needs of law enforcement.

165. NEWPORT NEWS, VIRGINIA

House Bill

Section 723: The airport shall be released from certain deed restrictions subject to standard conditions imposed in other cases.

Senate Amendment

No provision.
210

Conference Substitute

Section 748: House but change ‘‘shall’’ to ‘‘may’’.

166. OKLAHOMA DEED WAIVER

House Bill

No provision.

Senate Amendment

Section 445: Allows FAA to waive restrictive terms in a deed

of conveyance so that an Oklahoma university may make use of

revenues derived from certain airport land only for weather-related

and educational purposes that include benefits for aviation.

Conference Substitute

Section 751: Senate but require that if the land is sold the airport must receive fair market value for it and that the money

should be applied in the first instance to the airport and, if funds

remain available, to weather-related and educational purposes that

primarily benefit aviation.

167. GRANT PARISH (LA)

House Bill

No provision.

Senate Amendment

Section 452: Permits U.S. to release any restrictions on land at

the former Pollock Army Airfield (LA), provided the U.S. has access

to or use of the lands in the event of national emergency. Clarifies

that mineral rights will not be disturbed in any event.

Conference Substitute

Section 752: Senate but require that if the land is sold, fair

market value must be received for the land and any money so received must be used for airport purposes. Drop reference to mineral

rights.

168. RALEIGH COUNTY (W.VA.)

House Bill

No provision.

Senate Amendment

Section 449: Allows DOT to release from any terms and conditions in grant agreements for the development or improvement of

Raleigh County Memorial Airport (W. Va.), if land not needed for

airport purposes.

Conference Substitute

Section 753: Senate but require any amount received from a

sale to be used for airport purposes.
211

169. FAA STUDY OF BREATHING HOODS

House Bill

No provision.

Senate Amendment

Section 432: FAA shall study whether smoke hoods currently

available to flight crews are adequate and report the results within

120 days.

Conference Substitute

No provision.

170. STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT DATA AND

COCKPIT VOICE RECORDERS

House Bill

No provision.

Senate Amendment

Section 433: FAA shall report on the need for alternative

power sources for FDRs and CVRs within 120 days. If NTSB issues

recommendations on this subject soon, FAA shall report to Congress the FAA’s comments on the NTSB’s recommendations rather

than conducting a separate study.

Conference Substitute

Section 755: Senate.

171. TARDIS

House Bill

No provision.

Senate Amendment

Section 447: Requires the FAA to develop a national policy and

procedures regarding the Terminal Automated Radar Display and

Information System and sequencing for VFR ATC towers. TARDIS

is an uncertified radar display system in use by controllers at 7

small facilities.

Conference Substitute

Section 756: Senate.

172. 16G SEATS

House Bill

No provision.

Senate Amendment

Section 448: Requires FAA, in consultation with DOT IG, to

conduct a cost-benefit analysis prior to issuing a final rule on its

decade-old proposal to retrofit aircraft with 16G seats.
212

Conference Substitute

Section 757: Modified Senate provision. FAA shall form a

working group to make recommendations on ways to reduce the

cost and time of certifying aircraft seats and restraints.

173. SENSE OF SENATE, NORTHERN DELAWARE

House Bill

No provision.

Senate Amendment

Section 458: Sense of Senate that DOT should include northern

Delaware in any Part 150 study for Philadelphia International Airport, that DOT should study moving the approach causeway for the

Philadelphia airport from Brandywine Hundred to the Delaware

River and that DOT should study increasing the standard altitude

over the Brandywine Intercept from 3,000 to 4,000 feet.

Conference Substitute

Section 758: Senate.

174. TOURISM

House Bill

No provision.

Senate Amendment

Section 422: Establishes a task force for international visitor

assistance. Requires the Secretary of Commerce to complete a satellite system of accounting for the travel and tourism industry. Authorizes funding for tourism promotional activities. Requires annual report to Congress.

Conference Substitute

No provision.

175. CABIN AIR QUALITY STUDY

House Bill

No provision.

Senate Amendment

Section 459: Requires DOT to study sources of air supply contaminants of aircraft and air carriers to develop alternatives to replace engine and auxiliary power unit bleed air as a source of air

supply.

Conference Substitute

Section 725: Requires FAA to contract with the National Academy of Sciences for an independent study of the air quality in passenger cabins. The study should identify contaminants in aircraft

air, the toxicological and health effects, if any, if these contaminants, and how these contaminants enter the aircraft. The study

should also compare the levels of these contaminants in the passenger cabin to such levels in a public building. This comparison
213

should be done by measuring the air during actual commercial

flights. If a problem is found, the study should develop recommendations for improving cabin air quality. This should include

an assessment of whether health problems would be reduced by the

replacement of recycled air with fresh air.

176. NATIONAL PARK OVERFLIGHTS

House Bill

Title VIII: Requires commercial air tour operators to conduct

air tour operations over a National Park or tribal lands within or

abutting a National Park in accordance with an approved air tour

management plan (ATMP). Prior to commencing air tour operations

over a National Park, a commercial air tour operator must apply

to the Administrator of the FAA for authority to conduct operations

over the park. The Administrator of the FAA would prescribe operating conditions and limitations for each commercial air tour operator, and in cooperation with the Director of the National Park

Service (NPS), develop an ATMP.

Senate Amendment

Title VI: Similar provision.

Conference Substitute

Title VIII: Commercial air tour operators must conduct commercial air tours over national parks or tribal lands in accordance

with applicable air tour management plans (ATMP). Before beginning air tours over a National Park or tribal land, a commercial air

tour operator must apply to the FAA for authority to conduct the

tours. No applications shall be approved until an ATMP is developed and implemented. FAA shall make every effort to act on an

application within 24 months of receiving it. Priority shall be given

to applications from new entrant air tour operators. Air tours may

be conducted at a park without an ATMP if the tour operator secures a letter of agreement from the FAA and the park involved

and the total number of flights is limited to 5 flights in any 30-day

period. If the ATMP limits the number of air tour flights over a

park, FAA, in cooperation with the Park Service, shall develop an

open competitive process for choosing among various air tour firms.

In making a selection, the firms’ safety record, experience, financial

capability, pilot training programs, responsiveness to Park Service

needs, and use of quiet aircraft shall be taken into account.

FAA, in cooperation with the Park Service, shall establish an

air tour management plan (ATMP) for any park at which someone

wants to provide commercial air tours. The ATMP shall be developed with public participation. It could ban air tours or establish

restrictions on them. It will apply within a half a mile outside the

boundary of the park. The plan should include incentives for using

quiet aircraft. Prior to the establishment of an ATMP, the FAA

shall grant interim operating authority to operators that are providing air tours. This interim authority may limit the number of

flights. Interim operating authority may also be granted for new

entrants if (1) it is needed to ensure competition in the provision

of air tours over the park and (2) 24 months have passed since en-
214

actment of this Act and no ATMP has been developed for the park

involved. Interim operating authority should not be granted to new

entrants if it will create a safety or a noise problem.

The above shall not apply to the Grand Canyon, tribal lands

abutting the Grand Canyon, or to flights over Lake Mead that are

on the way to the Grand Canyon.

FAA shall establish standards for quiet aircraft within 1 year

or explain to Congress why it will be unable to do so. Quiet aircraft

may get special routes for Grand Canyon air tours and may not be

subject to the cap on the number of flights there.

Air tours over the Rocky Mountain National Park are prohibited. Reports are required on the effect of overflight fees on the air

tour industry and on the effectiveness of this title in providing incentives for the development and use of quiet aircraft.

This provision is not intended to interfere with FAA’s sole jurisdiction over airspace.

Except for section 808, dealing with methodologies used to assess air tour noise, this title does not apply to Alaska.

177. RESEARCH, ENGINEERING AND DEVELOPMENT

House Bill

No provision. However, on September 15, 1999, the House

passed related legislation (H.R. 1551, House report 106–223). Of

the amounts authorized for Airport Technology Projects and activities in FY 2000, the House Science Committee intends that at least

$1,500,000 shall be for obligation for grants or cooperative agreements awarded through a competitive, merit-based process to carry

out research on innovative methods of using concrete in the design,

construction, rehabilitation, and repair of rigid airport improvements. To the extent practicable, the Administrator shall consider

awards to universities, and non-profit concrete pavement research

foundations that would ensure industry participation. Of the

amounts authorized to be appropriated for the Airport Technology

Projects and activities in FY 2001, the Committee intends that at

least $2,000,000 shall be for this purpose. The Committee recognizes that taxpayers spend $2 billion a year on runway pavements

construction and maintenance. Investing today in research to develop longer-lasting and more reliable runways has the potential to

save millions of dollars later.

Senate Amendment

Title XIII: Authorizes $240 million for FY 00, $250 million for

FY 01, and $260 million for FY 02. Encourages cooperation, nonduplication and integrated planning. Requires FAA and NASA by

3/1/00 to submit an integrated civil aviation research and development plan. The abstracts related to research grants will be published on the FAA home page. Research on life of aircraft to include

nonstructural aircraft systems. Requires FAA to develop and transmit a plan for the continued implementation of Free Flight Phase

I for FY03–FY05, to include budget estimates for continuing operational capabilities. Sense of Senate that FAA should develop a national policy to protect the frequency spectrum used for GPS, and
215

to expedite the appointment of U.S. Ambassador to the World

Radio Communication Conference.

Conference Substitute

Title IX: Combines the Senate bill and H.R. 1551. Authorizes

funding for fiscal years 2000, 2001, and 2002 at $224 million, $237

million, and $249 million respectively.

Of the amounts authorized for Airport Technology Projects and

activities, that $1,500,000 in FY 2000 and $2,000,000 in FY 2001

may be for grants of cooperative agreements to carry out research

on innovative methods of using concrete in the design, construction,

rehabilitation, and repair of rigid airport pavements. The Administrator shall consider awards to non-profit concrete pavement research foundations that would ensure industry participation.

Winglet efficiency/wake vortex—The conferees recommend that

such sums as necessary be expended for research, prototyping, and

flight testing winglet efficiency/wake vortex technology, which reduces fuel consumption and reduces the severity of wake vortex

creation potential allowing more efficient spacing of aircraft. The

Managers also direct FAA to work in consultation with NASA on

this research.

High Speed Technologies. The Managers have been made

aware of high-speed technologies that are being developed that

could provide expedited delivery of goods. Such technologies have

other capabilities. The Managers direct the Administrator to report, by letter, on FAA actions to facilitate the use of such technologies within low-orbit and traditional air traffic procedures.

178. TAX TITLE

Present Law

The present-law Airport and Airway Trust Fund provisions in

the Internal Revenue Code (the ‘‘Code’’) authorize expenditures

from the Trust Fund through September 30, 1998, for the purposes

provided in specified previously enacted authorization Acts (sec.

9502). Permitted expenditure purposes under these Acts are those

as in effect on the date of enactment of the Federal Aviation Reauthorization Act of 1996.

House Bill

The House bill includes provisions expanding Airport and Airway Trust Fund expenditure purposes to include expenditures provided for in (1) the House bill and (2) appropriations Acts enacted

after 1996 and before the House bill. The House bill further includes provisions to discourage future Trust Fund expenditures for

purposes not approved in the Code provisions.

Senate Amendment

No provision. However, S. 2279, as previously passed by the

Senate, included provisions identical to those in the House bill.
216

Conference Substitute

The conference agreement includes the provisions of the House

bill, with modifications to conform the Airport and Airway Trust

Fund expenditure purposes of the conference agreement.

179. BUDGETARY TREATMENT

House Bill

Title IX and X. Takes the aviation trust fund off budget.

Senate Amendment

No provision.

Conference Substitute

The conference includes a compromise provision.

180. WHISTLEBLOWER PROTECTION FOR AIRLINE EMPLOYEES

House Bill

Title VI: Prohibits airlines and their contractors or subcontractors from taking adverse action against an employee whom provided or is about to provide (with any knowledge of the employer)

any safety information. Requires complaints be filed within 180

days. Establishes procedures to protect whistleblowers. Provides

$5,000 penalty for an employee that files a frivolous complaint. Defines contractor. Establishes civil penalties for violations.

Senate Amendment

Section 419: Prohibits airlines and their contractors or subcontractors from taking adverse action against an employee whom

provided or is about to provide any safety information. Requires

complaints be filed at DOL within 90 days. Establishes procedures

to protect whistleblowers. Defines contractor. Establishes civil penalties for violations. Frivolous complaints are governed by Rule 11

of the Federal Rules of Civil Procedure.

Conference Substitute

House provision but reduce the penalty for frivolous complaints

to $1,000.

181. CENTENNIAL OF FLIGHT COMMISSION

House Bill

Section 720: Makes technical changes to legislation passed last

year (P.L. 105–389) establishing a Commission to help celebrate

the 100th anniversary of the Wright Brothers first flight.

Senate Amendment

No provision.

Conference Substitute

No provision. Addressed in Public Law 106–68.
217

182. ALLOCATION OF TRUST FUND SPENDING.

House bill

No provision.

Senate Amendment

Section 428: Treasury shall annually report to DOT on the

aviation taxes collected in each State and DOT shall annually report to Congress the State dollar contribution to the Aviation Trust

Fund and the amount of AIP funds that were made available by

State.

Conference Substitute

No provision.

183. SENSE OF THE SENATE ON AIRPORT PROPERTY TAXES

House Bill

No provision.

Senate Amendment

Section 423: Sense of the Senate that property taxes be assessed fairly and a specific tax in Oregon should be repealed.

Conference Substitute

No provision.

184. MONROE REGIONAL AIRPORT LAND CONVEYANCE

House Bill

Section 739: Waives deed restrictions to permit Monroe to sell

airport land as long as the city receives fair market value for the

land and the amount it receives is used for airport purposes or for

investment in an industrial park that will pay more rent as a result of that investment.

Senate Amendment

Section 440: Authorizes DOT to waive deed restrictions to permit Monroe to sell airport land as long as the city receives fair

market value for the land and the amount it receives is used for

airport purposes or for investment in an industrial park that will

pay more rent as a result of that investment.

Conference Substitute

No provision.

185. AUTOMATED WEATHER FORECASTING SYSTEM

House Bill

Section 740: Directs FAA to contract with the National Academy of Sciences to study the effectiveness of automated weather

forecasting services at flight service stations that do not have

human weather observers. Report required in 1 year.
218

Senate Amendment

No provision.

Conference Substitute

No provision.

186. BANKRUPTCY, ROLLING STOCK EQUIPMENT

House Bill

No Provision.

Senate Amendment

Section 439: Amends Sec. 1110 of the Bankruptcy Code to clarify its operation and remove the ambiguity created by recent federal court decisions in the Western Pacific bankruptcy case. Because of this litigation, uncertainty exists in the international financial community regarding whether Sec. 1110 effectively protects

both lessors and lenders in connection with bankruptcy adjudication.

Conference Substitute

Senate.

187. COORDINATION

House Bill

No provision.

Senate Amendment

Section 101(b): The authority granted the Secretary under section 41720 does not affect the Secretary’s authority under any

other provision of law.

Conference Substitute

Section 231: Senate.

188. RELIEVER AIRPORTS

House Bill

No provision.

Senate Amendment

Section 205(e): Changes definition of public-use airport to

make privately owned reliever airports ineligible for grants if they

did not receive an AIP grant before 1997, and the FAA has issued

revised administrative guidance for the designation of reliever airports.

Conference Substitute

No provision.

MISCELLANEOUS PROVISIONS

Security. The Managers believe that vigilance must be constantly maintained in the civil aviation security program. An indis-
219

pensable element of that program is the employment history

verification requirement that 14 C.F.R. sections 107.31 and 108.33

impose on those persons seeking unescorted access to any secured

area of U.S. airports. Airport operators and air carriers are responsible for conducting or making sure not only that their employees

are subject to such verifications but also that tenant and contractor

employees undergo the same employment history scrutiny.

The Managers understand that the Federal Aviation Administration is developing audit procedures to determine compliance

with the verification requirement. Members of the aviation community, including airport operators and airlines, are submitting comments responding that proposal. The Committee urges the FAA to

complete promptly a workable audit program that appropriately reflects input from affected members of the aviation community. The

FAA is currently conducting a fingerprint background check pilot

program. If this proves successful, the FAA should consider expanding the program to Category X airports.

The Southern California Region Airspace Utilization. The conferees urge the FAA to study airspace utilization in the southern

California region as part of the National Airspace Redesign. This

study will help the region to determine how to handle increasing

demands for cargo and passenger air service and effectively address future transportation issues.

Broadcasting series. An effective, efficient, and safe aviation

system improves American’s quality of life and strengthens our Nation’s ability to compete in the global economy. It is important that

the public understands the vital role that aviation plays in our Nation’s advancement. The conferees strongly encourage that funds

authorized for FAA Operations be made available to fund a public

service series on the changing face of aviation in the 21st century.

The series should highlight technological and programmatic advances in aviation safety and operations.

Feasibility study. The Managers direct the FAA to proceed

with the planned study for the Louisiana Airport Authority outlined in the FAA December 7, 1999 memo. This study should include the feasibility of an intermodal facility, take into account existing aviation assets, and, if feasible, work with the appropriate

management.

Cargo. Air cargo is growing faster than any other aviation industry, approximately 6.6% per year. With this type of growth, the

conferees recognize the need to evaluate the air cargo distribution

process. We urge DOT to conduct an intermodal study of the air

cargo supply chain to identify system weakness and potential efficiencies to ensure the U.S. air cargo system can meet the needs of

air freight in the 21st century.

BUD SHUSTER,

DON YOUNG,

THOMAS E. PETRI,

JOHN J. DUNCAN, Jr.,

THOMAS W. EWING,

STEPHEN HORN,

JACK QUINN,

VERNON J. EHLERS,

CHARLES F. BASS,
220

EDWARD A. PEASE, JOHN E. SWEENEY, JAMES L. OBERSTAR, NICK RAHALL, WILLIAM O. LIPINSKI, PETER DEFAZIO, JERRY F. COSTELLO, PAT DANNER, EDDIE BERNICE JOHNSON, JUANITA MILLENDER-MCDONALD, From the Committee on Ways and Means, for consideration of title XI of the House bill, and modifications committed to conference:

BILL ARCHER, PHIL CRANE, CHARLES B. RANGEL, From the Committee on Science, for consideration of title

XIII of the Senate amendment, and modifications committed to conference:

CONNIE MORELLA, RALPH M. HALL, Managers on the Part of the House.

From the Committee on Commerce, Science, and Transportation:

TED STEVENS,

CONRAD BURNS,

SLADE GORTON,

TRENT LOTT,

FRITZ HOLLINGS,

DANIEL K. INOUYE,

JOHN D. ROCKEFELLER IV,

JOHN F. KERRY,

From the Committee on the Budget:

PETE V. DOMENICI,

CHUCK GRASSLEY,

DON NICKLES,

KENT CONRAD,

Managers on the Part of the Senate.

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