Union Calendar No. 102

106TH CONGRESS

1ST SESSION H. R. 1000

[Report No. 106–167, Parts I and II]

A BILL

To amend title 49, United States Code, to reauistration, and for other purposes. thorize programs of the Federal Aviation AdminJUNE 11, 1999Committees on the Budget and Rules discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the
IB

Union Calendar No. 102

106TH CONGRESS

1ST SESSION H. R. 1000

[Report No. 106–167, Parts I and II]

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

Federal Aviation Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

Mr. SHUSTER (for himself, Mr. DUNCAN, Mr. OBERSTAR, and Mr. LIPINSKI)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure, and in addition to the Committees on

the Budget, and Rules, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

MAY 28, 1999

Reported from the Committee on Transportation and Infrastructure with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 28, 1999

Referral to the Committees on the Budget and Rules extended until June 11,

1999

JUNE 11, 1999

Additional sponsors: Mr. TERRY, Mr. DICKEY, Mr. TRAFICANT, Mr. HOLDEN,

Mr. LATOURETTE, Mr. KLINK, Mr. COSTELLO, Mrs. TAUSCHER, Mr.

MORAN of Kansas, Mr. BLUMENAUER, Mr. COOKSEY, Mr. RAHALL, Mr.

BASS, Ms. BROWN of Florida, Mr. DOOLITTLE, Mr. BOSWELL, Mr. TAUZIN, Mr. LAMPSON, Mr. BEREUTER, Ms. MILLENDER-MCDONALD, Mr.

KUYKENDALL, Ms. NORTON, Mr. ISAKSON, Mr. EHLERS, Mr. SHERWOOD, Mr. TAYLOR of Mississippi, Mr. GARY MILLER of California, Mr.

CUMMINGS, Mr. BOEHLERT, Ms. DANNER, Mr. DEMINT, Mr. DEFAZIO,

Mrs. KELLY, Mr. LAHOOD, Mr. BACHUS, Mr. PASCRELL, Mr. QUINN,

Mr. EVANS, Mr. HASTINGS of Florida, Ms. BERKLEY, Mrs. CUBIN, Mr.

HILL of Montana, Mr. PETERSON of Minnesota, Mr. ORTIZ, Mr. POMBO,
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Mr. SOUDER, Mr. ENGLISH, Mr. SHOWS, Mr. PICKETT, Mr. CLAY, and

Ms. LEE

JUNE 11, 1999

Committees on the Budget and Rules discharged; committed to the Committee

of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 4, 1999]

A BILL

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

other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

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

Sec. 3. Applicability.

Sec. 4. Administrator defined.

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. Budget submission.

Subtitle B—Airport Development

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

Sec. 122. Windshear detection equipment.
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Sec. 123. Enhanced vision technologies.

Sec. 124. Pavement maintenance.

Sec. 125. Competition plans.

Sec. 126. Matching share.

Sec. 127. Letters of intent.

Sec. 128. Grants from small airport fund.

Sec. 129. Discretionary use of unused apportionments.

Sec. 130. Designating current and former military airports.

Sec. 131. Contract tower cost-sharing.

Sec. 132. Innovative use of airport grant funds.

Sec. 133. Aviation security program.

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

Sec. 135. Technical amendments.

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

Subtitle C—Miscellaneous

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

Sec. 152. Terminal development costs.

Sec. 153. General facilities authority.

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

Sec. 155. Construction of runways.

Sec. 156. Use of recycled materials.

TITLE II—AIRLINE SERVICE IMPROVEMENTS

Subtitle A—Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.

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

Sec. 203. Waiver of local contribution.

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

Sec. 205. Determination of distance from hub airport.

Subtitle B—Regional Air Service Incentive Program

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

TITLE III—FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.

Sec. 302. Air Traffic Control Oversight Board.

Sec. 303. Chief Operating Officer.

Sec. 304. Federal Aviation Management Advisory Council.

Sec. 305. Environmental streamlining.

Sec. 306. Clarification of regulatory approval process.

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

TITLE IV—FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.

Sec. 402. Air carrier plans.

Sec. 403. Foreign air carrier plans.

Sec. 404. Applicability of Death on the High Seas Act.
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TITLE V—SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.

Sec. 502. Records of employment of pilot applicants.

Sec. 503. Whistleblower protection for FAA employees.

Sec. 504. Safety risk mitigation programs.

Sec. 505. Flight operations quality assurance rules.

Sec. 506. Small airport certification.

Sec. 507. Life-limited aircraft parts.

Sec. 508. FAA may fine unruly passengers.

Sec. 509. Report on air transportation oversight system.

Sec. 510. Airplane emergency locators.

TITLE VI—WHISTLEBLOWER PROTECTION

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

Sec. 602. Civil penalty.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.

Sec. 702. Public aircraft.

Sec. 703. Prohibition on release of offeror proposals.

Sec. 704. Multiyear procurement contracts.

Sec. 705. Federal Aviation Administration personnel management system.

Sec. 706. Nondiscrimination in airline travel.

Sec. 707. Joint venture agreement.

Sec. 708. Extension of war risk insurance program.

Sec. 709. General facilities and personnel authority.

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

Sec. 711. Public availability of airmen records.

Sec. 712. Appeals of emergency revocations of certificates.

Sec. 713. Government and industry consortia.

Sec. 714. Passenger manifest.

Sec. 715. Cost recovery for foreign aviation services.

Sec. 716. Technical corrections to civil penalty provisions.

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

Sec. 718. Metropolitan Washington Airport Authority.

Sec. 719. Acquisition management system.

Sec. 720. Centennial of Flight Commission.

Sec. 721. Aircraft situational display data.

Sec. 722. Elimination of backlog of equal employment opportunity complaints.

Sec. 723. Newport News, Virginia.

Sec. 724. Grant of easement, Los Angeles, California.

Sec. 725. Regulation of Alaska guide pilots.

Sec. 726. Aircraft repair and maintenance advisory panel.

Sec. 727. Operations of air taxi industry.

Sec. 728. Sense of Congress concerning completion of comprehensive national airspace redesign.

Sec. 729. Compliance with requirements.

Sec. 730. Aircraft noise levels at airports.

Sec. 731. FAA consideration of certain State proposals.

TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.

Sec. 802. Findings.
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Sec. 803. Air tour management plans for national parks.

Sec. 804. Advisory group.

Sec. 805. Reports.

Sec. 806. Exemptions.

Sec. 807. Definitions.

TITLE IX—TRUTH IN BUDGETING

Sec. 901. Short title.

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

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

Fund.

Sec. 904. Applicability.

TITLE X—ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

Sec. 1001. Adjustment of trust fund authorizations.

Sec. 1002. Budget estimates.

Sec. 1003. Sense of Congress on fully offsetting increased aviation spending.

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

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms of

4 an amendment to, or repeal of, a section or other provision

5 of law, the reference shall be considered to be made to a

6 section or other provision of title 49, United States Code.

7 SEC. 3. APPLICABILITY.

8 Except as otherwise specifically provided, this Act and

9 the amendments made by this Act shall apply only to fiscal

10 years beginning after September 30, 1999.

11 SEC. 4. ADMINISTRATOR DEFINED.

12 In this Act, the term ‘‘Administrator’’ means the Ad13 ministrator of the Federal Aviation Administration.
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1 TITLE I—AIRPORT AND AIRWAY

2 IMPROVEMENTS

3 Subtitle A—Funding

4 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

6 48103 is amended by striking ‘‘shall be’’ the last place it

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

8 and inserting the following: ‘‘shall be—

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

10 ‘‘(2) $2,475,000,000 for fiscal year 2000;

11 ‘‘(3) $4,000,000,000 for fiscal year 2001;

12 ‘‘(4) $4,100,000,000 for fiscal year 2002;

13 ‘‘(5) $4,250,000,000 for fiscal year 2003; and

14 ‘‘(6) $4,350,000,000 for fiscal year 2004.’’.

15 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is

16 amended by striking ‘‘After’’ and all that follows through

17 ‘‘1999,’’ and inserting ‘‘After September 30, 2004,’’.

18 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

19 (a) GENERAL AUTHORIZATION AND APPROPRIA20 TIONS.—Effective September 30, 1999, section 48101(a) is

21 amended by striking paragraphs (1), (2), and (3) and in22 serting the following:

23 ‘‘(1) Such sums as may be necessary for fiscal

24 year 2000.

25 ‘‘(2) $2,500,000,000 for fiscal year 2001.
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1 ‘‘(3) $3,000,000,000 for each of fiscal years 2002

2 through 2004.’’.

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

4 amended by adding at the end the following:

5 ‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts

6 appropriated under subsection (a) for fiscal year 2001,

7 $8,000,000 may be used for the voluntary purchase and in8 stallation of universal access systems.’’.

9 SEC. 103. FAA OPERATIONS.

10 (a) AUTHORIZATION OF APPROPRIATIONS FROM GEN11 ERAL FUND.—Effective September 30, 1999, section 106(k)

12 is amended—

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

14 ‘‘There’’;

15 (2) in paragraph (1) (as designated by para16 graph (1) of this subsection) by striking ‘‘the Admin17 istration’’ and all that follows through the period at

18 the end and inserting the following: ‘‘the

19 Administration—

20 ‘‘(A) such sums as may be necessary for fis21 cal year 2000;

22 ‘‘(B) $6,450,000,000 for fiscal year 2001;

23 ‘‘(C) $6,886,000,000 for fiscal year 2002;

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

25 and
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1 ‘‘(E) $7,860,000,000 for fiscal year 2004.’’;

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

3 ‘‘(2) AUTHORIZED EXPENDITURES.—Of the

4 amounts appropriated under paragraph (1) for fiscal

5 years 2001 through 2004—

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

7 for wildlife hazard mitigation measures and

8 management of the wildlife strike database of the

9 Federal Aviation Administration;

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

11 used to fund an office within the Federal Avia12 tion Administration dedicated to supporting in13 frastructure systems development for both general

14 aviation and the vertical flight industry;

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

16 used to revise existing terminal and en route

17 procedures and instrument flight rules to facili18 tate the takeoff, flight, and landing of tiltrotor

19 aircraft and to improve the national airspace

20 system by separating such aircraft from con21 gested flight paths of fixed-wing aircraft;

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

23 used to establish helicopter approach procedures

24 using current technologies (such as the Global
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1 Positioning System) to support all-weather,

2 emergency medical service for trauma patients;

3 ‘‘(E) $3,000,000 per fiscal year may be used

4 to implement the 1998 airport surface operations

5 safety action plan of the Federal Aviation Ad6 ministration;

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

8 to support a university consortium established to

9 provide an air safety and security management

10 certificate program, working cooperatively with

11 United States air carriers; except that funds

12 under this subparagraph—

13 ‘‘(i) may not be used for the construc14 tion of a building or other facility; and

15 ‘‘(ii) may only be awarded on the basis

16 of open competition; and

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

18 used to develop or improve training programs

19 (including model training programs and cur20 riculum) for security screeners at airports.’’; and

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

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

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

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

2 TRUST FUND.—Section 48104 is amended—

3 (1) by striking subsection (b) and redesignating

4 subsection (c) as subsection (b);

5 (2) in subsection (b) (as so redesignated)—

6 (A) by striking the subsection heading and

7 inserting ‘‘GENERAL RULE: LIMITATION ON

8 TRUST FUND AMOUNTS.—’’; and

9 (B) in the matter preceding paragraph

10 (1)—

11 (i) by striking ‘‘The amount’’ and in12 serting ‘‘Except as provided in subsection

13 (c), the amount’’; and

14 (ii) by striking ‘‘for each of fiscal years

15 1994 through 1998’’ and inserting ‘‘for fis16 cal year 2000 and each fiscal year there17 after’’; and

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

19 ‘‘(c) SPECIAL RULE FOR FISCAL YEARS 2000–2004.—

20 ‘‘(1) IN GENERAL.—If the amount appropriated

21 under section 106(k) for any of fiscal years 2000

22 through 2004 less the amount that would be appro23 priated, but for this subsection, from the Trust Fund

24 for the purposes of paragraphs (1) and (2) of sub25 section (a) for such fiscal year is greater than the gen-
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1 eral fund cap, the amount appropriated from the

2 Trust Fund for the purposes of paragraphs (1) and

3 (2) of subsection (a) for such fiscal year shall equal

4 the amount appropriated under section 106(k) for

5 such fiscal year less the general fund cap.

6 ‘‘(2) GENERAL FUND CAP DEFINED.—In this sub7 section, the term ‘general fund cap’ means that por8 tion of the amounts appropriated for programs of the

9 Federal Aviation Administration for fiscal year 1998

10 that was derived from the general fund of the Treas11 ury.

12 (c) LIMITATION ON OBLIGATING OR EXPENDING

13 AMOUNTS.—Section 48108 is amended by striking sub14 section (c).

15 SEC. 104. AIP FORMULA CHANGES.

16 (a) DISCRETIONARY FUND.—Section 47115 is amend17 ed by striking subsections (g) and (h) and inserting the fol18 lowing:

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

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

21 Secretary shall fulfill intentions to obligate under sec22 tion 47110(e) with amounts available in the fund es23 tablished by subsection (a) and, if such amounts are

24 not sufficient for a fiscal year, with amounts made

25 available to carry out sections 47114(c)(1)(A),
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1 47114(c)(2), 47114(d), and 47117(e) on a pro rata

2 basis.

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

4 under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),

5 and 47117(e) of each fiscal year, the Secretary shall

6 determine the amount of funds that will be necessary

7 to fulfill intentions to obligate under section 47110(e)

8 in such fiscal year. If such amount is greater than the

9 amount of funds that will be available in the fund es10 tablished by subsection (a) for such fiscal year, the

11 Secretary shall reduce the amount to be apportioned

12 under such sections for such fiscal year on a pro rata

13 basis by an amount equal to the difference.’’.

14 (b) AMOUNTS APPORTIONED TO SPONSORS.—

15 (1) AMOUNTS TO BE APPORTIONED.—Effective

16 October 1, 2000, section 47114(c)(1) is amended—

17 (A) in subparagraph (A) by striking clauses

18 (i) through (v) and inserting the following:

19 ‘‘(i) $23.40 for each of the first 50,000 passenger

20 boardings at the airport during the prior calendar

21 year;

22 ‘‘(ii) $15.60 for each of the next 50,000 passenger

23 boardings at the airport during the prior calendar

24 year;
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1 ‘‘(iii) $7.80 for each of the next 400,000 pas2 senger boardings at the airport during the prior cal3 endar year;

4 ‘‘(iv) $1.95 for each of the next 500,000 pas5 senger boardings at the airport during the prior cal6 endar year; and

7 ‘‘(v) $1.50 for each additional passenger board8 ing at the airport during the prior calendar year.’’;

9 and

10 (B) in subparagraph (B) by striking

11 ‘‘$500,000 nor more than $22,000,000’’ and in12 serting ‘‘$1,500,000’’.

13 (2) SPECIAL RULES.—Section 47114(c)(1) is

14 amended by adding at the end the following:

15 ‘‘(C) Notwithstanding subparagraph (A), the Secretary

16 shall apportion to an airport sponsor in a fiscal year an

17 amount equal to the amount apportioned to that sponsor

18 in the previous fiscal year if the Secretary finds that—

19 ‘‘(i) passenger boardings at the airport were less

20 than 10,000 in the calendar year used to calculate the

21 apportionment;

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

23 boardings in the calendar year prior to the calendar

24 year used to calculate the apportionment; and
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1 ‘‘(iii) the cause of the decrease in passenger

2 boardings was a temporary but significant interrup3 tion in service by an air carrier to that airport due

4 to an employment action, natural disaster, or other

5 event unrelated to the demand for air transportation

6 at the airport.

7 ‘‘(D) Notwithstanding subparagraph (A), the Sec8 retary shall apportion on the first day of the first fiscal

9 year following the official opening of a new airport with

10 scheduled passenger air transportation an amount equal to

11 the minimum amount set forth in subparagraph (B) to the

12 sponsor of such airport.’’.

13 (c) CARGO ONLY AIRPORTS.—Section 47114(c)(2)(A)

14 is amended by striking ‘‘2.5 percent’’ and inserting ‘‘3 per15 cent’’.

16 (d) ENTITLEMENT FOR GENERAL AVIATION AIR17 PORTS.—Effective October 1, 2000, section 47114(d) is

18 amended—

19 (1) in the subsection heading by striking ‘‘TO

20 STATES’’ and inserting ‘‘FOR GENERAL AVIATION

21 AIRPORTS’’;

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

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

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

25 paragraph (1) (and its subparagraphs) with para-
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1 graph (2) (as amended by paragraph (2) of this sub2 section); and

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

4 following:

5 ‘‘(2) APPORTIONMENTS.—The Secretary shall ap6 portion 20 percent of the amount subject to appor7 tionment for each fiscal year as follows:

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

9 airports but including reliever and nonprimary

10 commercial service airports, in States the lesser

11 of—

12 ‘‘(i) $200,000; or

‘‘(ii) 1 13 ⁄5 of the most recently published

14 estimate of the 5-year costs for airport im15 provement for the airport, as listed in the

16 national plan of integrated airport systems

17 developed by the Federal Aviation Adminis18 tration under section 47103.

19 ‘‘(B) Any remaining amount to States as

20 follows:

21 ‘‘(i) 0.62 percent of the remaining

22 amount to Guam, American Samoa, the

23 Commonwealth of the Northern Mariana Is24 lands, and the Virgin Islands.
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1 ‘‘(ii) Except as provided in paragraph

2 (3), 49.69 percent of the remaining amount

3 for airports, excluding primary airports but

4 including reliever and nonprimary commer5 cial service airports, in States not named in

6 clause (i) in the proportion that the popu7 lation of each of those States bears to the

8 total population of all of those States.

9 ‘‘(iii) Except as provided in paragraph

10 (3), 49.69 percent of the remaining amount

11 for airports, excluding primary airports but

12 including reliever and nonprimary commer13 cial service airports, in States not named in

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

15 each of those States bears to the total area

16 of all of those States.’’.

17 (e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

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

19 read as follows:

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

21 under paragraph (2) to Alaska, Puerto Rico, or Ha22 waii for airports in such State may be made avail23 able by the Secretary for any public airport in those

24 respective jurisdictions.’’.
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1 (f) USE OF STATE-APPORTIONED FUNDS FOR SYSTEM

2 PLANNING.—Section 47114(d) is amended by adding at the

3 end the following:

4 ‘‘(4) INTEGRATED AIRPORT SYSTEM PLANNING.—

5 Notwithstanding paragraph (2), funds made available

6 under this subsection may be used for integrated air7 port system planning that encompasses 1 or more pri8 mary airports.’’.

9 (g) FLEXIBILITY IN PAVEMENT CONSTRUCTION STAND10 ARDS.—

11 Section 47114(d) is further amended by adding at the

12 end the following:

13 ‘‘(5) FLEXIBILITY IN PAVEMENT CONSTRUCTION

14 STANDARDS.—The Secretary may permit the use of

15 State highway specifications for airfield pavement

16 construction using funds made available under this

17 subsection at nonprimary airports serving aircraft

18 that do not exceed 60,000 pounds gross weight if the

19 Secretary determines that—

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

21 and

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

23 shorter than it would be if constructed using

24 Federal Aviation Administration standards.’’.
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1 (h) GRANTS FOR AIRPORT NOISE COMPATIBILITY

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

3 (1) in subparagraph (A) by striking ‘‘31 per4 cent’’ each place it appears and inserting ‘‘34 per5 cent’’; and

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

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

8 and inserting ‘‘At least 4 percent to sponsors of cur9 rent’’.

10 (i) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—

11 Effective October 1, 2000, section 47114(e) is amended—

12 (1) in the subsection heading by striking ‘‘AL13 TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;

14 (2) in paragraph (1)—

15 (A) by striking ‘‘Instead of apportioning

16 amounts for airports in Alaska under’’ and in17 serting ‘‘IN GENERAL.—Notwithstanding’’;

18 (B) by striking ‘‘those airports’’ and insert19 ing ‘‘airports in Alaska’’; and

20 (C) by inserting before the period at the end

21 of the first sentence ‘‘and by increasing the

22 amount so determined for each of those airports

23 by 3 times’’;
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1 (3) in paragraph (2) by inserting ‘‘AUTHORITY

2 FOR DISCRETIONARY GRANTS.—’’ before ‘‘This sub3 section’’;

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

5 following:

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

7 amount apportioned under this subsection may be

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

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

10 paragraph (1) (and its subparagraphs) and para11 graph (2) with paragraph (3) (as amended by para12 graph (4) of this subsection).

13 (j) REPEAL OF APPORTIONMENT LIMITATION ON COM14 MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117

15 is amended by striking subsection (f) and by redesignating

16 subsections (g) and (h) as subsections (f) and (g), respec17 tively.

18 SEC. 105. PASSENGER FACILITY FEES.

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

20 40117(b) is amended by adding at the end the following:

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

22 may authorize under this section an eligible agency to im23 pose a passenger facility fee in whole dollar amounts of

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

25 or foreign air carrier boarding an aircraft at an airport
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1 the agency controls to finance an eligible airport-related

2 project, including making payments for debt service on in3 debtedness incurred to carry out the project, if the Secretary

4 finds—

5 ‘‘(A) that the project will make a significant con6 tribution to improving air safety and security, in7 creasing competition among air carriers, reducing

8 current or anticipated congestion, or reducing the im9 pact of aviation noise on people living near the air10 port;

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

12 funds reasonably expected to be available for the pro13 grams referred to in section 48103; and

14 ‘‘(C) that the amount to be imposed is not more

15 than twice that which may be imposed under para16 graph (1).’’.

17 (b) LIMITATION ON APPROVAL OF CERTAIN APPLICA18 TIONS.—Section 40117(d) is amended—

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

20 (2);

21 (2) by striking the period at the end of para22 graph (3) and inserting ‘‘; and’’; and

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

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

25 fee of more than $3 for a surface transportation or
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1 terminal project, the agency has made adequate provi2 sion for financing the airside needs of the airport, in3 cluding runways, taxiways, aprons, and aircraft

4 gates.’’.

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

6 amended—

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

8 following:

9 ‘‘(1) IN GENERAL.—An amount’’;

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

11 that follows through the period at the end and insert12 ing the following: ‘‘an amount equal to—

13 ‘‘(A) in the case of a fee of $3 or less, 50

14 percent of the projected revenues from the fee in

15 the fiscal year but not by more than 50 percent

16 of the amount that otherwise would be appor17 tioned under this section; and

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

19 75 percent of the projected revenues from the fee

20 in the fiscal year but not by more than 75 per21 cent of the amount that otherwise would be ap22 portioned under this section.’’; and

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

24 ‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduc25 tion in an apportionment required by paragraph (1)
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1 shall not take effect until the first fiscal year fol2 lowing the year in which the collection of the fee im3 posed under section 40117 is begun.’’.

4 SEC. 106. BUDGET SUBMISSION.

5 The Administrator shall transmit to the Committee on

6 Commerce, Science, and Transportation of the Senate and

7 the Committee on Transportation and Infrastructure of the

8 House of Representatives a copy of the annual budget esti9 mates of the Federal Aviation Administration, including

10 line item justifications, at the same time the annual budget

11 estimates are submitted to the Committees on Appropria12 tions of the Senate and the House of Representatives.

13 Subtitle B—Airport Development

14 SEC. 121. RUNWAY INCURSION PREVENTION DEVICES;

15 EMERGENCY CALL BOXES.

16 (a) POLICY.—Section 47101(a)(11) is amended by in17 serting ‘‘(including integrated in-pavement lighting systems

18 for runways and taxiways and other runway and taxiway

19 incursion prevention devices)’’ after ‘‘technology’’.

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

21 47101(f) is amended—

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

23 (9); and

24 (2) by striking the period at the end of para25 graph (10) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following:

2 ‘‘(11) runway and taxiway incursion prevention

3 devices, including integrated in-pavement lighting

4 systems for runways and taxiways.’’.

5 (c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND

6 EMERGENCY CALL BOXES AS AIRPORT DEVELOPMENT.—

7 Section 47102(3)(B) is amended—

8 (1) in clause (ii)—

9 (A) by striking ‘‘and universal access sys10 tems,’’ and inserting ‘‘, universal access systems,

11 and emergency call boxes,’’; and

12 (B) by inserting ‘‘and integrated in-pave13 ment lighting systems for runways and taxiways

14 and other runway and taxiway incursion pre15 vention devices’’ before the semicolon at the end;

16 and

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

18 of clause (iii) the following: ‘‘, including closed circuit

19 weather surveillance equipment’’.

20 SEC. 122. WINDSHEAR DETECTION EQUIPMENT.

21 Section 47102(3)(B) is further amended—

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

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

24 (vi) and inserting a semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(vii) windshear detection equipment;

2 and’’.

3 SEC. 123. ENHANCED VISION TECHNOLOGIES.

4 (a) STUDY.—The Administrator shall conduct a study

5 of the feasibility of requiring United States airports to in6 stall enhanced vision technologies to replace or enhance con7 ventional landing light systems over the 10-year period fol8 lowing the date of completion of such study.

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

10 of enactment of this Act, the Administrator shall transmit

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

12 under subsection (a), together with such recommendations

13 as the Administrator considers appropriate.

14 (c) INCLUSION OF INSTALLATION AS AIRPORT DEVEL15 OPMENT.—Section 47102 is amended—

16 (1) in paragraph (3)(B) (as amended by this

17 Act) by adding at the end the following:

18 ‘‘(viii) enhanced vision technologies

19 that are certified by the Administrator of

20 the Federal Aviation Administration and

21 that are intended to replace or enhance con22 ventional landing light systems.’’; and

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

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

25 term ‘enhanced vision technologies’ means laser guid-
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1 ance, ultraviolet guidance, infrared, and cold cathode

2 technologies.’’.

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

4 date of enactment of this Act, the Administrator shall trans5 mit to Congress a schedule for deciding whether or not to

6 certify laser guidance equipment for use as approach light7 ing at United States airports and of cold cathode lighting

8 equipment for use as runway and taxiway lighting at

9 United States airports and as lighting at United States hel10 iports.

11 SEC. 124. PAVEMENT MAINTENANCE.

12 (a) REPEAL OF PILOT PROGRAM.—

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

14 (2) CONFORMING AMENDMENT.—The analysis for

15 chapter 471 is amended by striking the item relating

16 to section 47132.

17 (b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section

18 47102(3) is amended by adding at the end the following:

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

20 the useful life of runways, taxiways, and aprons

21 at airports that are not primary airports, under

22 guidelines issued by the Administrator.’’.

23 SEC. 125. COMPETITION PLANS.

24 (a) IN GENERAL.—Section 47106 is amended by add25 ing at the end the following:
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1 ‘‘(f) COMPETITION PLANS.—

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

3 2001, no passenger facility fee may be approved for

4 a covered airport under section 40117 and no grant

5 may be made under this subchapter for a covered air6 port unless the airport has submitted to the Secretary

7 a written competition plan in accordance with this

8 subsection.

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

10 subsection shall include information on the avail11 ability of airport gates and related facilities, leasing

12 and sub-leasing arrangements, gate-use requirements,

13 patterns of air service, gate-assignment policy, finan14 cial constraints, airport controls over air- and

15 ground-side capacity, whether the airport intends to

16 build or acquire gates that would be used as common

17 facilities, and airfare levels (as compiled by the De18 partment of Transportation) compared to other large

19 airports.

20 ‘‘(3) COVERED AIRPORT DEFINED.—In this sub21 section, the term ‘covered airport’ means a commer22 cial service airport—

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

24 total number of passenger boardings each year at

25 all such airports; and
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1 ‘‘(B) at which 1 or 2 air carriers control

2 more than 50 percent of the passenger

3 boardings.’’.

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

5 by adding at the end the following:

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

7 2001, no eligible agency may impose a passenger facility

8 fee under this section with respect to a covered airport (as

9 such term is defined in section 47106(f)) unless the agency

10 has submitted to the Secretary a written competition plan

11 in accordance with such section. This subsection does not

12 apply to passenger facility fees in effect before the date of

13 enactment of this subsection.’’.

14 SEC. 126. MATCHING SHARE.

15 Section 47109(a) is amended—

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

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

18 (2) by inserting after paragraph (1) the fol19 lowing:

20 ‘‘(2) not more than 90 percent for a project fund21 ed by a grant issued to and administered by a State

22 under section 47128, relating to the State block grant

23 program;’’;

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

25 (3) (as so redesignated);
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1 (4) by striking the period at the end of para2 graph (4) (as so redesignated) and inserting ‘‘; and’’;

3 and

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

5 ‘‘(5) 100 percent in fiscal year 2001 for any

6 project—

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

8 airport; or

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

10 .05 percent of the total number of passenger

11 boardings each year at all commercial service

12 airports.’’.

13 SEC. 127. LETTERS OF INTENT.

14 Section 47110(e) is amended—

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

16 the following:

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

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

19 having at least 0.25 percent of the boardings each

20 year at all such airports, the Secretary decides will

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

22 and

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

24 following:
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1 ‘‘(5) LETTERS OF INTENT.—The Secretary may not re2 quire an eligible agency to impose a passenger facility fee

3 under section 40117 in order to obtain a letter of intent

4 under this section.’’.

5 SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

6 (a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR7 PORT OPERATING CERTIFICATES.—Section 47116 is

8 amended by adding at the end the following:

9 ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR10 PORT OPERATING CERTIFICATES.—In the first fiscal year

11 beginning after the effective date of regulations issued to

12 carry out section 44706(b) with respect to airports described

13 in section 44706(a)(2), and in each of the next 4 fiscal

14 years, the lesser of $15,000,000 or 20 percent of the amounts

15 that would otherwise be distributed to sponsors of airports

16 under subsection (b)(2) shall be used to assist the airports

17 in meeting the terms established by the regulations. If the

18 Secretary publishes in the Federal Register a finding that

19 all the terms established by the regulations have been met,

20 this subsection shall cease to be effective as of the date of

21 such publication.’’.

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

23 47116 is further amended by adding at the end the fol24 lowing:
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1 ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever

2 the Secretary makes a grant under this section, the Sec3 retary shall notify the recipient of the grant, in writing,

4 that the source of the grant is from the small airport fund.’’.

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

6 amended—

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

8 following:

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

10 making’’;

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

12 ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POW13 ERED AIRCRAFT.—In making grants to sponsors de14 scribed in subsection (b)(1), the Secretary shall give

15 priority consideration to airport development projects

16 to support operations by turbine powered aircraft, if

17 the non-Federal share of the project is at least 40 per18 cent.’’; and

19 (3) by aligning the remainder of paragraph (1)

20 (as designated by paragraph (1) of this subsection)

21 with paragraph (2) (as added by paragraph (2) of

22 this subsection).
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1 SEC. 129. DISCRETIONARY USE OF UNUSED APPORTION2 MENTS.

3 Section 47117(f) (as redesignated by section 104(j) of

4 this Act) is amended to read as follows:

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

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

7 the Secretary finds that all or part of an amount of

8 an apportionment under section 47114 is not re9 quired during a fiscal year to fund a grant for which

10 the apportionment may be used, the Secretary may

11 use during such fiscal year the amount not so re12 quired to make grants for any purpose for which

13 grants may be made under section 48103. The finding

14 may be based on the notifications that the Secretary

15 receives under section 47105(f) or on other informa16 tion received from airport sponsors.

17 ‘‘(2) RESTORATION OF APPORTIONMENTS.—

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

19 which a finding is made under paragraph (1)

20 with respect to an apportionment is not the last

21 fiscal year of availability of the apportionment

22 under subsection (b), the Secretary shall restore

23 to the apportionment an amount equal to the

24 amount of the apportionment used under para25 graph (1) for a discretionary grant whenever a
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1 sufficient amount is made available under sec2 tion 48103.

3 ‘‘(B) PERIOD OF AVAILABILITY.—If restora4 tion under this paragraph is made in the fiscal

5 year for which the finding is made or the suc6 ceeding fiscal year, the amount restored shall be

7 subject to the original period of availability of

8 the apportionment under subsection (b). If the

9 restoration is made thereafter, the amount re10 stored shall remain available in accordance with

11 subsection (b) for the original period of avail12 ability of the apportionment, plus the number of

13 fiscal years during which a sufficient amount

14 was not available for the restoration.

15 ‘‘(3) NEWLY AVAILABLE AMOUNTS.—

16 ‘‘(A) RESTORED AMOUNTS TO BE UNAVAIL17 ABLE FOR DISCRETIONARY GRANTS.—Of an

18 amount newly available under section 48103 of

19 this title, an amount equal to the amounts re20 stored under paragraph (2) shall not be available

21 for discretionary grant obligations under section

22 47115.

23 ‘‘(B) USE OF REMAINING AMOUNTS.—Sub24 paragraph (A) does not impair the Secretary’s

25 authority under paragraph (1), after a restora-
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1 tion under paragraph (2), to apply all or part

2 of a restored amount that is not required to fund

3 a grant under an apportionment to fund discre4 tionary grants.

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

6 Nothing in this subsection shall be construed to au7 thorize the Secretary to incur grant obligations under

8 section 47104 for a fiscal year in an amount greater

9 than the amount made available under section 48103

10 for such obligations for such fiscal year.’’.

11 SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY

12 AIRPORTS.

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

14 (1) in subsection (a) by striking ‘‘12’’ and in15 serting ‘‘12 for fiscal year 2000 and 20 for each fiscal

16 year thereafter’’;

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

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

19 (e), respectively;

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

21 (A) by striking ‘‘47117(e)(1)(E)’’ and in22 serting ‘‘47117(e)(1)(B)’’;

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

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

25 years,’’; and
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1 (C) by striking ‘‘each such subsequent 5-fis2 cal-year period’’ and inserting ‘‘each such subse3 quent period’’; and

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

5 ‘‘(f) DESIGNATION OF GENERAL AVIATION AIRPORT.—

6 Notwithstanding any other provision of this section, at least

7 3 of the airports designated under subsection (a) shall be

8 general aviation airports that were former military instal9 lations closed or realigned under a section referred to in

10 subsection (a)(1).’’.

11 (b) TERMINAL BUILDING FACILITIES.—Section

12 47118(d) (as redesignated by subsection (a)(2) of this sec13 tion) is amended by striking ‘‘$5,000,000’’ and inserting

14 ‘‘$7,000,000’’.

15 (c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section

16 47118(e) (as redesignated by subsection (a)(2) of this sec17 tion) is amended—

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

19 HANGARS’’ and inserting ‘‘HANGARS, AND AIR CARGO

20 TERMINALS’’;

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

22 ‘‘$7,000,000’’; and

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

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

25 square feet or less’’.
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1 SEC. 131. CONTRACT TOWER COST-SHARING.

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

3 following:

4 ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER

5 PILOT PROGRAM.—

6 ‘‘(A) IN GENERAL.—The Secretary shall es7 tablish a pilot program to contract for air traffic

8 control services at Level I air traffic control tow9 ers, as defined by the Administrator of the Fed10 eral Aviation Administration, that do not qual11 ify for the Contract Tower program established

12 under subsection (a) and continued under para13 graph (1) (hereafter in this paragraph referred

14 to as the ‘Contract Tower Program’).

15 ‘‘(B) PROGRAM COMPONENTS.—In carrying

16 out the pilot program established under subpara17 graph (A), the Administrator shall—

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

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

20 forecast estimates, or airport master plan

21 data provided by a facility owner or oper22 ator and verified by the Administrator;

23 ‘‘(ii) approve for participation only fa24 cilities willing to fund a pro rata share of

25 the operating costs of the air traffic control

26 tower to achieve a 1 to 1 benefit-to-cost
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1 ratio, as required for eligibility under the

2 Contract Tower Program; and

3 ‘‘(iii) approve for participation no

4 more than 2 facilities willing to fund up to

5 50 percent, but not less than 25 percent, of

6 construction costs for an air traffic control

7 tower built by the airport operator and for

8 each of such facilities the Federal share of

9 construction cost does not exceed $1,100,000.

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

11 participate in the program under this para12 graph, the Administrator shall give priority to

13 the following:

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

15 participating in the Contract Tower Pro16 gram but have been notified that they will

17 be terminated from such program because

18 the Administration has determined that the

19 benefit-to-cost ratio for their continuation

20 in such program is less than 1.0.

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

22 Administrator determines have a benefit-to23 cost ratio of at least .85.

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

25 Federal Aviation Administration that are
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1 closed as a result of the air traffic control2 lers strike in 1981.

3 ‘‘(iv) Air traffic control towers that are

4 located at airports or points at which an

5 air carrier is receiving compensation under

6 the essential air service program under this

7 chapter.

8 ‘‘(v) Air traffic control towers located

9 at airports that are prepared to assume

10 partial responsibility for maintenance costs.

11 ‘‘(vi) Air traffic control towers that are

12 located at airports with safety or oper13 ational problems related to topography,

14 weather, runway configuration, or mix of

15 aircraft.

16 ‘‘(D) COSTS EXCEEDING BENEFITS.—If the

17 costs of operating an air traffic tower under the

18 pilot program established under this paragraph

19 exceed the benefits, the airport sponsor or State

20 or local government having jurisdiction over the

21 airport shall pay the portion of the costs that ex22 ceed such benefit.

23 ‘‘(E) FUNDING.—Of the amounts appro24 priated pursuant to section 106(k), not to exceed
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1 $6,000,000 per fiscal year may be used to carry

2 out this paragraph.’’.

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

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

5 amended by adding at the end the following:

6 ‘‘§ 47135. Innovative financing techniques

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

8 may approve applications for not more than 25 airport de9 velopment projects for which grants received under this sub10 chapter may be used for innovative financing techniques.

11 Such projects shall be located at airports that each year

12 have less than .25 percent of the total number of passenger

13 boardings each year at all commercial service airports.

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

15 this section shall be to provide information on the benefits

16 and difficulties of using innovative financing techniques for

17 airport development projects.

18 ‘‘(c) LIMITATIONS.—

19 ‘‘(1) NO GUARANTEES.—In no case shall the im20 plementation of an innovative financing technique

21 under this section be used in a manner giving rise to

22 a direct or indirect guarantee of any airport debt in23 strument by the United States Government.

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

25 innovative financing techniques are limited to—
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1 ‘‘(A) payment of interest;

2 ‘‘(B) commercial bond insurance and other

3 credit enhancement associated with airport

4 bonds for eligible airport development; and

5 ‘‘(C) flexible non-Federal matching require6 ments.’’.

7 (b) CONFORMING AMENDMENT.—The analysis for sub8 chapter I of chapter 471 is amended by adding at the end

9 the following:

‘‘47135. Innovative financing techniques.’’.

10 SEC. 133. AVIATION SECURITY PROGRAM.

11 (a) IN GENERAL.—Subchapter I of chapter 471 is fur12 ther amended by adding the following new section:

13 ‘‘§ 47136. Aviation security program

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

15 public airports in the United States, the Secretary of

16 Transportation shall carry out not less than one project to

17 test and evaluate innovative aviation security systems and

18 related technology.

19 ‘‘(b) PRIORITY.—In carrying out this section, the Sec20 retary shall give the highest priority to a request from an

21 eligible sponsor for a grant to undertake a project that—

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

23 aviation security systems or related technology, in24 cluding explosives detection systems, for the purpose

25 of improving aviation security, including aircraft
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1 physical security, access control, and passenger and

2 baggage screening; and

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

4 security systems and technology in an operational,

5 test bed environment.

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

7 47109, the United States Government’s share of allowable

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

9 percent.

10 ‘‘(d) TERMS AND CONDITIONS.—The Secretary may es11 tablish such terms and conditions as the Secretary deter12 mines appropriate for carrying out a project under this sec13 tion, including terms and conditions relating to the form

14 and content of a proposal for a project, project assurances,

15 and schedule of payments.

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

17 the term ‘eligible sponsor’ means a nonprofit corporation

18 composed of a consortium of public and private persons,

19 including a sponsor of a primary airport, with the nec20 essary engineering and technical expertise to successfully

21 conduct the testing and evaluation of airport and aircraft

22 related security systems.

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

24 amounts made available to the Secretary under section

25 47115 in a fiscal year, the Secretary shall make available
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1 not less than $5,000,000 for the purpose of carrying out

2 this section.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for sub4 chapter I of chapter 471 is further amended by adding at

5 the end the following:

‘‘47136. Aviation security program.’’.

6 SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE

7 PILOT PROGRAM.

8 (a) IN GENERAL.—Subchapter I of chapter 471 is fur9 ther amended by adding at the end the following:

10 ‘‘§ 47137. Inherently low-emission airport vehicle pilot

11 program

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

13 shall carry out a pilot program at not more than 10 public14 use airports under which the sponsors of such airports may

15 use funds made available under section 48103 for use at

16 such airports to carry out inherently low-emission vehicle

17 activities. Notwithstanding any other provision of this sub18 chapter, inherently low-emission vehicle activities shall for

19 purposes of the pilot program be treated as eligible for as20 sistance under this subchapter.

21 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

22 AREAS.—A public-use airport shall be eligible for partici23 pation in the pilot program only if the airport is located

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

25 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
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1 ‘‘(c) SELECTION CRITERIA.—In selecting from among

2 applicants for participation in the pilot program, the Sec3 retary shall give priority consideration to applicants that

4 will achieve the greatest air quality benefits measured by

5 the amount of emissions reduced per dollar of funds ex6 pended under the pilot program.

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

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

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

11 ‘‘(e) MAXIMUM AMOUNT.—Not more than $2,000,000

12 may be expended under the pilot program at any single

13 public-use airport.

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

15 months after the date of enactment of this section, the Sec16 retary shall transmit to the Committee on Transportation

17 and Infrastructure of the House of Representatives and the

18 Committee on Commerce, Science, and Transportation of

19 the Senate a report containing an evaluation of the effec20 tiveness of the pilot program.

21 ‘‘(g) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY

22 DEFINED.—In this section, the term ‘inherently low-emis23 sion vehicle activity’ means—

24 ‘‘(1) the construction of infrastructure facilities

25 necessary for the use of vehicles that are certified as
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1 inherently low-emission vehicles under title 40 of the

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

4 that are located or primarily used at public-use air5 ports;

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

7 acquiring such vehicles that exceeds the cost of acquir8 ing other vehicles that would be used for the same

9 purpose; or

10 ‘‘(3) the acquisition of technological equipment

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

13 (b) CONFORMING AMENDMENT.—The analysis for sub14 chapter I of chapter 471 is further amended by adding at

15 the end the following:

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

16 SEC. 135. TECHNICAL AMENDMENTS.

17 (a) CONTINUATION OF PROJECT FUNDING.—Section

18 47108 is amended by adding at the end the following:

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

20 the status of a primary airport changes to a nonprimary

21 airport at a time when a terminal development project

22 under a multiyear agreement under subsection (a) is not

23 yet completed, the project shall remain eligible for funding

24 from discretionary funds under section 47115 at the fund-
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1 ing level and under the terms provided by the agreement,

2 subject to the availability of funds.’’.

3 (b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

4 CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN ISO5 LATED COMMUNITIES.—Section 40117(i) is amended—

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

7 (1);

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

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

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

12 collection of a passenger facility fee be waived for—

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

14 air carrier or foreign air carrier if the number

15 of passengers enplaned by the carrier in the class

16 constitutes not more than 1 percent of the total

17 number of passengers enplaned annually at the

18 airport at which the fee is imposed; or

19 ‘‘(B) passengers traveling to an airport—

20 ‘‘(i) that has fewer than 2,500 pas21 senger boardings each year and receives

22 scheduled passenger service; and

23 ‘‘(ii) in a community which has a pop24 ulation of less than 10,000 and is not con25 nected by a land highway to the land-con-
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1 nected National Highway System within a

2 State.’’.

3 SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUB4 LIC AIRPORTS.

5 (a) PROJECT GRANT ASSURANCES.—Section 47107(h)

6 is amended by inserting ‘‘(including an assurance with re7 spect to disposal of land by an airport owner or operator

8 under subsection (c)(2)(B) without regard to whether or not

9 the assurance or grant was made before December 29,

10 1987)’’ after ‘‘1987’’.

11 (b) CONVEYANCES OF UNITED STATES GOVERNMENT

12 LAND.—Section 47125(a) is amended by adding at the end

13 the following: ‘‘The Secretary may only release an option

14 of the United States for a reversionary interest under this

15 subsection after providing notice and an opportunity for

16 public comment. The Secretary shall publish in the Federal

17 Register any decision of the Secretary to release a rever18 sionary interest and the reasons for the decision.’’.

19 (c) REQUESTS BY PUBLIC AGENCIES.—Section 47151

20 is amended by adding at the end the following:

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

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

23 or instrumentality of the executive branch of the United

24 States Government, such a department, agency, or instru25 mentality shall give priority consideration to a request
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1 made by a public agency (as defined in section 47102) for

2 surplus property described in subsection (a) for use at a

3 public airport.’’.

4 (d) NOTICE AND PUBLIC COMMENT; PUBLICATION OF

5 DECISIONS.—Section 47153(a) is amended—

6 (1) in paragraph (1) by inserting ‘‘, after pro7 viding notice and an opportunity for public com8 ment,’’ after ‘‘if the Secretary decides’’; and

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

10 ‘‘(3) PUBLICATION OF DECISIONS.—The Sec11 retary shall publish in the Federal Register any deci12 sion to waive a term under paragraph (1) and the

13 reasons for the decision.’’.

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

15 adding at the end the following:

16 ‘‘(c) CONSIDERATIONS.—In deciding whether to waive

17 a term required by section 47152 or add another term, the

18 Secretary shall consider the current and future needs of the

19 users of the airport.’’.

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

21 amended—

22 (1) in section 47151—

23 (A) in subsection (a)—
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1 (i) in the matter preceding paragraph

2 (1) by striking ‘‘give’’ and inserting ‘‘con3 vey to’’; and

4 (ii) in paragraph (2) by striking ‘‘gift’’

5 and inserting ‘‘conveyance’’;

6 (B) in subsection (b)—

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

8 ‘‘conveying’’; and

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

10 ‘‘conveyance’’; and

11 (C) in subsection (c)—

12 (i) in the subsection heading by strik13 ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;

14 and

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

16 ‘‘conveyed’’;

17 (2) in section 47152—

18 (A) in the section heading by striking

19 ‘‘gifts’’ and inserting ‘‘conveyances’’; and

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

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

22 (3) in section 47153(a)(1)—

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

24 and inserting ‘‘conveyance’’; and
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1 (B) by striking ‘‘given’’ and inserting ‘‘con2 veyed’’; and

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

4 the item relating to section 47152 and inserting the

5 following:

‘‘47152. Terms of conveyances.’’.

6 Subtitle C—Miscellaneous

7 SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT8 RELATED PROJECTS.

9 Section 40117(a)(3)(E) is amended—

10 (1) by striking ‘‘and’’ and inserting a comma;

11 and

12 (2) by striking the period at the end and insert13 ing the following: ‘‘(including structural foundations

14 and floor systems, exterior building walls and load15 bearing interior columns or walls, windows, door and

16 roof systems, and building utilities (including heat17 ing, air conditioning, ventilation, plumbing, and elec18 trical service)), and aircraft fueling facilities adjacent

19 to the gate.’’.

20 SEC. 152. TERMINAL DEVELOPMENT COSTS.

21 (a) WITH RESPECT TO PASSENGER FACILITY

22 CHARGES.—Section 40117(a)(3) is further amended—

23 (1) by redesignating subparagraphs (C), (D),

24 and (E) as subparagraphs (D), (E), and (F), respec25 tively; and
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1 (2) by inserting after subparagraph (B) the fol2 lowing:

3 ‘‘(C) for costs of terminal development re4 ferred to in subparagraph (B) incurred after Au5 gust 1, 1986, at an airport that did not have

6 more than .25 percent of the total annual pas7 senger boardings in the United States in the

8 most recent calendar year for which data is

9 available and at which total passenger boardings

10 declined by at least 16 percent between calendar

11 year 1989 and calendar year 1997;’’.

12 (b) REPAYING BORROWED MONEY.—Section 47119(a)

13 is amended—

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

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

16 ‘‘0.25’’; and

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

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

19 August 1, 1986, and September 30, 1990, or be20 tween June 1, 1991, and October 31, 1992,’’; and

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

22 development project outside the terminal area at that

23 airport’’ and inserting ‘‘any needed airport develop24 ment project affecting safety, security, or capacity’’.
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1 (c) NONHUB AIRPORTS.—Section 47119(c) is amended

2 by striking ‘‘0.05’’ and inserting ‘‘0.25’’.

3 (d) NONPRIMARY COMMERCIAL SERVICE AIRPORTS.—

4 Section 47119 is amended by adding at the end the fol5 lowing:

6 ‘‘(d) DETERMINATION OF PASSENGER BOARDING AT

7 COMMERCIAL SERVICE AIRPORT.—For the purpose of deter8 mining whether an amount may be distributed for a fiscal

9 year from the discretionary fund in accordance with sub10 section (b)(2)(A) to a commercial service airport, the Sec11 retary shall make the determination of whether or not a

12 public airport is a commercial service airport on the basis

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

14 at the public airport in the calendar year that includes the

15 first day of such fiscal year or the preceding calendar year,

16 whichever is more beneficial to the airport.’’.

17 SEC. 153. GENERAL FACILITIES AUTHORITY.

18 (a) CONTINUATION OF ILS INVENTORY PROGRAM.—

19 Section 44502(a)(4)(B) is amended—

20 (1) by striking ‘‘each of fiscal years 1995 and

21 1996’’ and inserting ‘‘each of fiscal years 1999

22 through 2004’’; and

23 (2) by inserting ‘‘under new or existing con24 tracts’’ after ‘‘including acquisition’’.
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1 (b) LORAN-C NAVIGATION FACILITIES.—Section

2 44502(a) is amended by adding at the end the following:

3 ‘‘(5) MAINTENANCE AND UPGRADE OF LORAN-C

4 NAVIGATION FACILITIES.—The Secretary shall main5 tain and upgrade Loran-C navigation facilities

6 throughout the transition period to satellite-based

7 navigation.’’.

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

9 CARRIERS.

10 Section 44706 is amended by adding at the end the

11 following:

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

13 For the purposes of subsection (a)(2), a scheduled passenger

14 operation includes charter air transportation for which the

15 general public is provided in advance a schedule containing

16 the departure location, departure time, and arrival location

17 of the flights.

18 ‘‘(h) AUTHORITY TO PRECLUDE SCHEDULED PAS19 SENGER OPERATIONS.—The Administrator shall permit an

20 airport that will be subject to certification under subsection

21 (a)(2) to preclude scheduled passenger operations (including

22 public charter operations described in subsection (g)) at the

23 airport if the airport notifies the Administrator, in writing,

24 that it does not intend to obtain an airport operating cer25 tificate.’’.
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1 SEC. 155. CONSTRUCTION OF RUNWAYS.

2 Notwithstanding any provision of law that specifically

3 restricts the number of runways at a single international

4 airport, the Secretary of Transportation may obligate funds

5 made available under chapters 471 and 481 of title 49,

6 United States Code, for any project to construct a new run7 way at such airport, unless this section is expressly re8 pealed.

9 SEC. 156. USE OF RECYCLED MATERIALS.

10 (a) STUDY.—The Administrator shall conduct a study

11 of the use of recycled materials (including recycled pave12 ments, waste materials, and byproducts) in pavement used

13 for runways, taxiways, and aprons and the specification

14 standards in tests necessary for the use of recycled materials

15 in such pavement. The primary focus of the study shall be

16 on the long term physical performance, safety implications,

17 and environmental benefits of using recycled materials in

18 aviation pavement.

19 (b) CONTRACTING.—The Administrator may carry out

20 the study under this section by entering into a contract with

21 a university of higher education with expertise necessary

22 to carry out the study.

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

24 enactment of this Act, the Administrator shall transmit to

25 Congress a report on the results of the study conducted
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1 under this section together with recommendations con2 cerning the use of recycled materials in aviation pavement.

3 (d) FUNDING.—Of the amounts appropriated pursuant

4 to section 106(k), not to exceed $1,500,000 in the aggregate

5 may be used to carry out this section.

6 TITLE II—AIRLINE SERVICE

7 IMPROVEMENTS

8 Subtitle A—Service to Airports Not

9 Receiving Sufficient Service

10 SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

11 (a) REPEAL OF SLOT RULE FOR CERTAIN AIR12 PORTS.—Effective March 1, 2000, the requirements of sub13 parts K and S of part 93 of title 14, Code of Federal Regu14 lations, are of no force and effect at an airport other than

15 Ronald Reagan Washington National Airport. The Sec16 retary of Transportation is authorized to undertake appro17 priate actions to effectuate an orderly termination of these

18 requirements.

19 (b) SLOT EXEMPTIONS FOR SERVICE TO REAGAN NA20 TIONAL AIRPORT.—Section 41714 is amended by striking

21 subsections (e) and (f) and inserting the following:

22 ‘‘(e) SLOTS FOR AIRPORTS NOT RECEIVING SUFFI23 CIENT SERVICE.—

24 ‘‘(1) EXEMPTIONS.—Notwithstanding chapter

25 491, the Secretary may by order grant exemptions
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1 from the requirements under subparts K and S of

2 part 93 of title 14, Code of Federal Regulations (per3 taining to slots at high density airports), to enable

4 air carriers to provide nonstop air transportation

5 using jet aircraft that comply with the stage 3 noise

6 levels of part 36 of such title 14 between Ronald

7 Reagan Washington National Airport and an airport

8 that had less than 2,000,000 enplanements in the

9 most recent year for which such enplanement data is

10 available or between Ronald Reagan Washington Na11 tional Airport and an airport that does not have non12 stop transportation to Ronald Reagan Washington

13 National Airport using such aircraft on the date on

14 which the application for an exemption is filed.

15 ‘‘(2) LIMITATIONS.—

16 ‘‘(A) MAXIMUM NUMBER OF EXEMPTIONS.—

17 No more than 2 exemptions per hour and no

18 more than 6 exemptions per day may be granted

19 under this subsection for slots at Ronald Reagan

20 Washington National Airport.

21 ‘‘(B) MAXIMUM DISTANCE OF FLIGHTS.—An

22 exemption may be granted under this subsection

23 for a slot at Ronald Reagan Washington Na24 tional Airport only if the flight utilizing such

25 slot begins or ends within 1,250 miles of the Air-
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1 port and a stage 3 aircraft is used for such

2 flight.

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

4 an exemption under this subsection shall submit to

5 the Secretary an application for such exemption. No

6 application may be submitted to the Secretary before

7 the last day of the 30-day period beginning on the

8 date of the enactment of this paragraph.

9 ‘‘(4) DEADLINE FOR DECISION.—Notwith10 standing any other provision of law, the Secretary

11 shall make a decision with regard to granting an ex12 emption under this subsection on or before the 120th

13 day following the date of the application for the ex14 emption. If the Secretary does not make the decision

15 on or before such 120th day, the air carrier applying

16 for the service may provide such service until the Sec17 retary makes the decision or the Administrator of the

18 Federal Aviation Administration determines that pro19 viding such service would have an adverse effect on

20 air safety.

21 ‘‘(5) PERIOD OF EFFECTIVENESS.—An exemp22 tion granted under this subsection shall remain in ef23 fect only while the air carrier for whom the exemption

24 is granted continues to provide the nonstop air trans25 portation for which the exemption is granted.
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1 ‘‘(f) TREATMENT OF CERTAIN COMMUTER AIR CAR2 RIERS.—The Secretary shall treat all commuter air carriers

3 that have cooperative agreements, including code share

4 agreements with other air carriers, equally for determining

5 eligibility for exemptions under this section regardless of

6 the form of the corporate relationship between the commuter

7 air carrier and the other air carrier.’’.

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

9 2000, section 41714 (as amended by subsection (b) of this

10 section) is amended—

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

12 (i);

13 (2) by redesignating subsections (d), (e), (f), and

14 (h) as subsections (a), (b), (c), and (d), respectively;

15 (3) in the heading for subsection (a) (as so redes16 ignated) by striking ‘‘SPECIAL RULES FOR’’; and

17 (4) by striking subsection (c) (as so redesignated)

18 and inserting the following:

19 ‘‘(c) SLOT DEFINED.—The term ‘slot’ means a reserva20 tion for an instrument flight rule takeoff or landing by an

21 air carrier or an aircraft in air transportation.’’.

22 SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR23 PORTS NOT RECEIVING SUFFICIENT SERVICE.

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

25 striking ‘‘$50,000,000’’ and inserting ‘‘$60,000,000’’.
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1 (b) FUNDING FOR SMALL COMMUNITY AIR SERVICE.—

2 Section 41742(b) of title 49, United States Code, is amended

3 to read as follows:

4 ‘‘(b) FUNDING FOR SMALL COMMUNITY AIR SERV5 ICE.—

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

7 provision of law, from moneys credited to the account

8 established under section 45303(a), including the

9 funds derived from fees imposed under the authority

10 contained in section 45301(a)—

11 ‘‘(A) not to exceed $50,000,000 for each fis12 cal year beginning after September 30, 1999,

13 shall be used to carry out the small community

14 air service program under this subchapter; and

15 ‘‘(B) not to exceed $10,000,000 for such fis16 cal year shall be used—

17 ‘‘(i) for assisting an air carrier to sub18 sidize service to and from an underserved

19 airport for a period not to exceed 3 years;

20 ‘‘(ii) for assisting an underserved air21 port to obtain jet aircraft service (and to

22 promote passenger use of that service) to

23 and from the underserved airport; and

24 ‘‘(iii) for assisting an underserved air25 port to implement such other measures as
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1 the Secretary of Transportation, in con2 sultation with such airport, considers ap3 propriate to improve air service both in

4 terms of the cost of such service to con5 sumers and the availability of such service,

6 including improving air service through

7 marketing and promotion of air service and

8 enhanced utilization of airport facilities.

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

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

11 and that the Secretary determines will not be obli12 gated or expended before the last day of such fiscal

13 year shall be available to the Administrator for use

14 under this subchapter in improving rural air safety

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

16 ‘‘(3) ALLOCATION OF ADDITIONAL FUNDING.—If,

17 for a fiscal year beginning after September 30, 1999,

18 more than $60,000,000 is made available under sub19 section (a) to carry out the small community air service program, 1 20 ⁄2 of the amounts in excess of

21 $60,000,000 shall be used for the purposes specified in

22 paragraph (1)(B), in addition to amounts made

23 available for such purposes under paragraph (1)(B).

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

25 funds made available under paragraph (1)(A) for the
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1 small community air service program for a fiscal

2 year that the Secretary determines will not be obli3 gated or expended before the last day of such fiscal

4 year shall be available for use by the Secretary for the

5 purposes described in paragraph (1)(B).

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

7 addition to amounts made available under paragraph

8 (1), of the amounts appropriated pursuant to section

9 106(k) for a fiscal year beginning after September 30,

10 2000, not to exceed $15,000,000 may be used—

11 ‘‘(A) to provide assistance to an air carrier

12 to subsidize service to and from an underserved

13 airport for a period not to exceed 3 years;

14 ‘‘(B) to provide assistance to an under15 served airport to obtain jet aircraft service (and

16 to promote passenger use of that service) to and

17 from the underserved airport; and

18 ‘‘(C) to provide assistance to an underserved

19 airport to implement such other measures as the

20 Secretary, in consultation with such airport,

21 considers appropriate to improve air service both

22 in terms of the cost of such service to consumers

23 and the availability of such service, including

24 improving air service through marketing and
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1 promotion of air service and enhanced utiliza2 tion of airport facilities.

3 ‘‘(6) PRIORITY CRITERIA FOR ASSISTING AIR4 PORTS NOT RECEIVING SUFFICIENT SERVICE.—In pro5 viding assistance to airports under paragraphs (1)(B)

6 and (5), the Administrator shall give priority to those

7 airports for which a community will provide, from

8 local sources (other than airport revenues), a portion

9 of the cost of the activity to be assisted.

10 ‘‘(7) DEFINITIONS.—In this subsection, the fol11 lowing definitions apply:

12 ‘‘(A) UNDERSERVED AIRPORT.—The term

13 ‘underserved airport’ means a nonhub airport or

14 small hub airport (as such terms are defined in

15 section 41731) that—

16 ‘‘(i) the Secretary determines is not re17 ceiving sufficient air carrier service; or

18 ‘‘(ii) has unreasonably high airfares.

19 ‘‘(B) UNREASONABLY HIGH AIRFARE.—The

20 term ‘unreasonably high airfare’, as used with

21 respect to an airport, means that the airfare list22 ed in the table entitled ‘Top 1,000 City-Pair

23 Market Summarized by City’, contained in the

24 Domestic Airline Fares Consumer Report of the

25 Department of Transportation, for one or more
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1 markets for which the airport is a part of has an

2 average yield listed in such table that is more

3 than 19 cents.’’.

4 (c) CONFORMING AMENDMENTS.—Chapter 417 is

5 amended—

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

7 ‘‘Essential’’ and inserting ‘‘Small commu8 nity’’;

9 (2) in each of subsections (a), (b), and (c) of sec10 tion 41742 by striking ‘‘essential air’’ each place it

11 appears and inserting ‘‘small community air’’; and

12 (3) in the analysis for such chapter by striking

13 the item relating to section 41742 and inserting the

14 following:

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

15 SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

16 Section 41736(b) is amended by adding at the end the

17 following:

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

19 proposal was approved or that was designated as eligible

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

21 1991, and ending on December 31, 1997.’’.

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

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

24 following:
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1 ‘‘(16) ensuring that consumers in all regions of

2 the United States, including those in small commu3 nities and rural and remote areas, have access to af4 fordable, regularly scheduled air service.’’.

5 SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIR6 PORT.

7 The Secretary of Transportation shall not deny assist8 ance with respect to a place under subchapter II of chapter

9 417 of title 49, United States Code, solely on the basis that

10 the place is located within 70 highway miles of a hub air11 port (as defined by section 41731 of such title) if the most

12 commonly used highway route between the place and the

13 hub airport exceeds 70 miles.

14 Subtitle B—Regional Air Service

15 Incentive Program

16 SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE IN17 CENTIVE PROGRAM.

18 (a) IN GENERAL.—Chapter 417 is amended by adding

19 at the end the following:

20 ‘‘SUBCHAPTER III—REGIONAL AIR SERVICE

21 INCENTIVE PROGRAM

22 ‘‘§ 41761. Purpose

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

24 by jet aircraft to underserved markets by providing assist25 ance, in the form of Federal credit instruments, to com-
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1 muter air carriers that purchase regional jet aircraft for

2 use in serving those markets.

3 ‘‘§ 41762. Definitions

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

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

6 means any air carrier holding a certificate of public

7 convenience and necessity issued by the Secretary of

8 Transportation under section 41102.

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

10 purchase’ means the purchase of commercial transport

11 aircraft, including spare parts normally associated

12 with the aircraft.

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

14 term ‘capital reserve subsidy amount’ means the

15 amount of budget authority sufficient to cover esti16 mated long-term cost to the United States Govern17 ment of a Federal credit instrument, calculated on a

18 net present value basis, excluding administrative costs

19 and any incidental effects on government receipts or

20 outlays in accordance with provisions of the Federal

21 Credit Reform Act of 1990 (2 U.S.C. 661 et seq).

22 ‘‘(4) COMMUTER AIR CARRIER.—The term ‘com23 muter air carrier’ means an air carrier that pri24 marily operates aircraft designed to have a maximum
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1 passenger seating capacity of 75 or less in accordance

2 with published flight schedules.

3 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term

4 ‘Federal credit instrument’ means a secured loan,

5 loan guarantee, or line of credit authorized to be

6 made under this subchapter.

7 ‘‘(6) FINANCIAL OBLIGATION.—The term ‘finan8 cial obligation’ means any note, bond, debenture, or

9 other debt obligation issued by an obligor in connec10 tion with the financing of an aircraft purchase, other

11 than a Federal credit instrument.

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

13 non-Federal qualified institutional buyer (as defined

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

15 Regulations (or any successor regulation) known as

16 Rule 144A(a) of the Security and Exchange Commis17 sion and issued under the Security Act of 1933 (15

18 U.S.C. 77a et seq.)), including—

19 ‘‘(A) a qualified retirement plan (as defined

20 in section 4974(c) of the Internal Revenue Code

21 of 1986) that is a qualified institutional buyer;

22 and

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

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

25 1986) that is a qualified institutional buyer.
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1 ‘‘(8) LINE OF CREDIT.—The term ‘line of credit’

2 means an agreement entered into by the Secretary

3 with an obligor under section 41763(d) to provide a

4 direct loan at a future date upon the occurrence of

5 certain events.

6 ‘‘(9) LOAN GUARANTEE.—The term ‘loan guar7 antee’ means any guarantee or other pledge by the

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

9 of any of the principal of and interest on a loan or

10 other debt obligation issued by an obligor and funded

11 by a lender.

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

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

14 has been providing air transportation according to a

15 published schedule for less than 5 years, including

16 any person that has received authority from the Sec17 retary to provide air transportation but is not pro18 viding air transportation.

19 ‘‘(11) NONHUB AIRPORT.—The term ‘nonhub air20 port’ means an airport that each year has less than

21 .05 percent of the total annual boardings in the

22 United States.

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

24 party primarily liable for payment of the principal

25 of or interest on a Federal credit instrument, which
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1 party may be a corporation, partnership, joint ven2 ture, trust, or governmental entity, agency, or instru3 mentality.

4 ‘‘(13) REGIONAL JET AIRCRAFT.—The term ‘re5 gional jet aircraft’ means a civil aircraft—

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

7 ‘‘(B) designed to have a maximum pas8 senger seating capacity of not less than 30 nor

9 more than 75.

10 ‘‘(14) SECURED LOAN.—The term ‘secured loan’

11 means a direct loan funded by the Secretary in con12 nection with the financing of an aircraft purchase

13 under section 41763(b).

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

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

16 least .05 percent, but less than .25 percent, of the total

17 annual boardings in the United States.

18 ‘‘(16) UNDERSERVED MARKET.—The term ‘un19 derserved market’ means a passenger air transpor20 tation market (as defined by the Secretary) that—

21 ‘‘(A) is served (as determined by the Sec22 retary) by a nonhub airport or a small hub air23 port;

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

25 airport that each year has at least .25 percent of
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1 the total annual boardings in the United States;

2 and

3 ‘‘(C) the Secretary determines does not have

4 sufficient air service.

5 ‘‘§ 41763. Federal credit instruments

6 ‘‘(a) IN GENERAL.—Subject to this section, the Sec7 retary of Transportation may enter into agreements with

8 1 or more obligors to make available Federal credit instru9 ments, the proceeds of which shall be used to finance aircraft

10 purchases.

11 ‘‘(b) SECURED LOANS.—

12 ‘‘(1) TERMS AND LIMITATIONS.—

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

14 this section with respect to an aircraft purchase

15 shall be on such terms and conditions and con16 tain such covenants, representatives, warranties,

17 and requirements (including requirements for

18 audits) as the Secretary determines appropriate.

19 ‘‘(B) MAXIMUM AMOUNT.—No secured loan

20 may be made under this section—

21 ‘‘(i) that extends to more than 50 per22 cent of the purchase price (including the

23 value of any manufacturer credits, post24 purchase options, or other discounts) of the
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1 aircraft, including spare parts, to be pur2 chased; or

3 ‘‘(ii) that, when added to the remain4 ing balance on any other Federal credit in5 struments made under this subchapter, pro6 vides more than $100,000,000 of out7 standing credit to any single obligor.

8 ‘‘(C) FINAL PAYMENT DATE.—The final

9 payment on the secured loan shall not be due

10 later than 18 years after the date of execution of

11 the loan agreement.

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

13 may be subordinate to claims of other holders of

14 obligations in the event of bankruptcy, insol15 vency, or liquidation of the obligor as determined

16 appropriate by the Secretary.

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

18 fees at a level sufficient to cover all or a portion

19 of the costs to the United States Government of

20 making a secured loan under this section. The

21 proceeds of such fees shall be deposited in an ac22 count to be used by the Secretary for the purpose

23 of administering the program established under

24 this subchapter and shall be available upon de25 posit until expended.
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1 ‘‘(2) REPAYMENT.—

2 ‘‘(A) SCHEDULE.—The Secretary shall es3 tablish a repayment schedule for each secured

4 loan under this section based on the projected

5 cash flow from aircraft revenues and other re6 payment sources.

7 ‘‘(B) COMMENCEMENT.—Scheduled loan re8 payments of principal and interest on a secured

9 loan under this section shall commence no later

10 than 3 years after the date of execution of the

11 loan agreement.

12 ‘‘(3) PREPAYMENT.—

13 ‘‘(A) USE OF EXCESS REVENUE.—After sat14 isfying scheduled debt service requirements on all

15 financial obligations and secured loans and all

16 deposit requirements under the terms of any

17 trust agreement, bond resolution, or similar

18 agreement securing financial obligations, the se19 cured loan may be prepaid at anytime without

20 penalty.

21 ‘‘(B) USE OF PROCEEDS OF REFI22 NANCING.—The secured loan may be prepaid at

23 any time without penalty from proceeds of refi24 nancing from non-Federal funding sources.

25 ‘‘(c) LOAN GUARANTEES.—
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1 ‘‘(1) IN GENERAL.—A loan guarantee under this

2 section with respect to a loan made for an aircraft

3 purchase shall be made in such form and on such

4 terms and conditions and contain such covenants,

5 representatives, warranties, and requirements (includ6 ing requirements for audits) as the Secretary deter7 mines appropriate.

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

9 shall be made under this section—

10 ‘‘(A) that extends to more than the unpaid

11 interest and 50 percent of the unpaid principal

12 on any loan;

13 ‘‘(B) that, for any loan or combination of

14 loans, extends to more than 50 percent of the

15 purchase price (including the value of any man16 ufacturer credits, post-purchase options, or other

17 discounts) of the aircraft, including spare parts,

18 to be purchased with the loan or loan combina19 tion;

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

21 terms permit repayment more than 15 years

22 after the date of execution of the loan; or

23 ‘‘(D) that, when added to the remaining

24 balance on any other Federal credit instruments

25 made under this subchapter, provides more than
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1 $100,000,000 of outstanding credit to any single

2 obligor.

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

4 a level sufficient to cover all or a portion of the costs

5 to the United States Government of making a loan

6 guarantee under this section. The proceeds of such fees

7 shall be deposited in an account to be used by the Sec8 retary for the purpose of administering the program

9 established under this subchapter and shall be avail10 able upon deposit until expended.

11 ‘‘(d) LINES OF CREDIT.—

12 ‘‘(1) IN GENERAL.—Subject to the requirements

13 of this subsection, the Secretary may enter into agree14 ments to make available lines of credit to 1 or more

15 obligors in the form of direct loans to be made by the

16 Secretary at future dates on the occurrence of certain

17 events for any aircraft purchase selected under this

18 section.

19 ‘‘(2) TERMS AND LIMITATIONS.—

20 ‘‘(A) IN GENERAL.—A line of credit under

21 this subsection with respect to an aircraft pur22 chase shall be on such terms and conditions and

23 contain such covenants, representatives, warran24 ties, and requirements (including requirements
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1 for audits) as the Secretary determines appro2 priate.

3 ‘‘(B) MAXIMUM AMOUNT.—

4 ‘‘(i) TOTAL AMOUNT.—The amount of

5 any line of credit shall not exceed 50 per6 cent of the purchase price (including the

7 value of any manufacturer credits, post8 purchase options, or other discounts) of the

9 aircraft, including spare parts.

10 ‘‘(ii) 1–YEAR DRAWS.—The amount

11 drawn in any year shall not exceed 20 per12 cent of the total amount of the line of credit.

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

14 credit shall represent a direct loan.

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

16 of credit shall be available not more than 5 years

17 after the aircraft purchase date.

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

20 ‘‘(i) AGAINST UNITED STATES GOVERN21 MENT.—A third-party creditor of the obligor

22 shall not have any right against the United

23 States Government with respect to any

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

2 assign the line of credit to 1 or more lenders

3 or to a trustee on the lender’s behalf.

4 ‘‘(F) SUBORDINATION.—A direct loan under

5 this subsection may be subordinate to claims of

6 other holders of obligations in the event of bank7 ruptcy, insolvency, or liquidation of the obligor

8 as determined appropriate by the Secretary.

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

10 fees at a level sufficient to cover all of a portion

11 of the costs to the United States Government of

12 providing a line of credit under this subsection.

13 The proceeds of such fees shall be deposited in an

14 account to be used by the Secretary for the pur15 pose of administering the program established

16 under this subchapter and shall be available

17 upon deposit until expended.

18 ‘‘(3) REPAYMENT.—

19 ‘‘(A) SCHEDULE.—The Secretary shall es20 tablish a repayment schedule for each direct loan

21 under this subsection.

22 ‘‘(B) COMMENCEMENT.—Scheduled loan re23 payments of principal or interest on a direct

24 loan under this subsection shall commence no

25 later than 3 years after the date of the first draw
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1 on the line of credit and shall be repaid, with in2 terest, not later than 18 years after the date of

3 the first draw.

4 ‘‘(e) RISK ASSESSMENT.—Before entering into an

5 agreement under this section to make available a Federal

6 credit instrument, the Secretary, in consultation with the

7 Director of the Office of Management and Budget, shall de8 termine an appropriate capital reserve subsidy amount for

9 the Federal credit instrument based on such credit evalua10 tions as the Secretary deems necessary.

11 ‘‘(f) CONDITIONS.—Subject to subsection (h), the Sec12 retary may only make a Federal credit instrument avail13 able under this section if the Secretary finds that—

14 ‘‘(1) the aircraft to be purchased with the Fed15 eral credit instrument is a regional jet aircraft needed

16 to improve the service and efficiency of operation of

17 a commuter air carrier or new entrant air carrier;

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

19 carrier enters into a legally binding agreement that

20 requires the carrier to use the aircraft to provide serv21 ice to underserved markets; and

22 ‘‘(3) the prospective earning power of the com23 muter air carrier or new entrant air carrier, together

24 with the character and value of the security pledged,

25 including the collateral value of the aircraft being ac-
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1 quired and any other assets or pledges used to secure

2 the Federal credit instrument, furnish—

3 ‘‘(A) reasonable assurances of the air car4 rier’s ability and intention to repay the Federal

5 credit instrument within the terms established by

6 the Secretary—

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

8 air carrier; and

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

10 determines to be necessary, to continue its

11 operations as an air carrier between the

12 same route or routes being operated by the

13 air carrier at the time of the issuance of the

14 Federal credit instrument; and

15 ‘‘(B) reasonable protection to the United

16 States.

17 ‘‘(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL

18 CREDIT INSTRUMENTS.—The Secretary shall not allow the

19 combined amount of Federal credit instruments available

20 for any aircraft purchase under this section to exceed—

21 ‘‘(1) 50 percent of the cost of the aircraft pur22 chase; or

23 ‘‘(2) $100,000,000 for any single obligor.

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

25 Federal credit instrument may be made under this section
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1 for the purchase of any regional jet aircraft that does not

2 comply with the stage 3 noise levels of part 36 of title 14

3 of the Code of Federal Regulations, as in effect on January

4 1, 1999.

5 ‘‘(i) OTHER LIMITATIONS.—No Federal credit instru6 ment shall be made by the Secretary under this section for

7 the purchase of a regional jet aircraft unless the commuter

8 air carrier or new entrant air carrier enters into a legally

9 binding agreement that requires the carrier to provide

10 scheduled passenger air transportation to the underserved

11 market for which the aircraft is purchased for a period of

12 not less than 36 consecutive months after the date that air13 craft is placed in service.

14 ‘‘§ 41764. Use of Federal facilities and assistance

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

16 Secretary of Transportation to make use of such expert ad17 vice and services as the Secretary may require in carrying

18 out this subchapter, the Secretary may use available serv19 ices and facilities of other agencies and instrumentalities

20 of the United States Government—

21 ‘‘(1) with the consent of the appropriate Federal

22 officials; and

23 ‘‘(2) on a reimbursable basis.

24 ‘‘(b) ASSISTANCE.—The head of each appropriate de25 partment or agency of the United States Government shall
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1 exercise the duties and powers of that head in such manner

2 as to assist in carrying out the policy specified in section

3 41761.

4 ‘‘(c) OVERSIGHT.—The Secretary shall make available

5 to the Comptroller General of the United States such infor6 mation with respect to any Federal credit instrument made

7 under this subchapter as the Comptroller General may re8 quire to carry out the duties of the Comptroller General

9 under chapter 7 of title 31.

10 ‘‘§ 41765. Administrative expenses

11 ‘‘In carrying out this subchapter, the Secretary shall

12 use funds made available by appropriations to the Depart13 ment of Transportation for the purpose of administration,

14 in addition to the proceeds of any fees collected under this

15 subchapter, to cover administrative expenses of the Federal

16 credit instrument program under this subchapter.

17 ‘‘§ 41766. Funding.

18 ‘‘Of the amounts appropriated under section 106(k) for

19 each of fiscal years 2001 through 2004, such sums as may

20 be necessary may be used to carry out this subchapter, in21 cluding administrative expenses.

22 ‘‘§ 41767. Termination

23 ‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRU24 MENTS.—The authority of the Secretary of Transportation

25 to issue Federal credit instruments under section 41763
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1 shall terminate on the date that is 5 years after the date

2 of the enactment of this subchapter.

3 ‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER

4 PROGRAM FOR EXISTING FEDERAL CREDIT INSTRU5 MENTS.—On and after the termination date, the Secretary

6 shall continue to administer the program established under

7 this subchapter for Federal credit instruments issued under

8 this subchapter before the termination date until all obliga9 tions associated with such instruments have been satisfied.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 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.

‘‘41765. Administrative expenses.

‘‘41766. Funding.

‘‘41767. Termination.’’.

12 TITLE III—FAA MANAGEMENT

13 REFORM

14 SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

15 Section 40102(a) is amended—

16 (1) by redesignating paragraphs (5) through (41)

17 as paragraphs (6) through (42), respectively; and

18 (2) by inserting after paragraph (4) the fol19 lowing:

20 ‘‘(5) ‘air traffic control system’ means the com21 bination of elements used to safely and efficiently
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1 monitor, direct, control, and guide aircraft in the

2 United States and United States-assigned airspace,

3 including—

4 ‘‘(A) allocated electromagnetic spectrum and

5 physical, real, personal, and intellectual prop6 erty assets making up facilities, equipment, and

7 systems employed to detect, track, and guide air8 craft movement;

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

10 agreements, and licenses;

11 ‘‘(C) published procedures that explain re12 quired actions, activities, and techniques used to

13 ensure adequate aircraft separation; and

14 ‘‘(D) trained personnel with specific tech15 nical capabilities to satisfy the operational, engi16 neering, management, and planning require17 ments for air traffic control.’’.

18 SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—Chapter 1 is amended by add21 ing at the end the following:

22 ‘‘§ 113. Air Traffic Control Oversight Board

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

24 the Department of Transportation an ‘Air Traffic Control
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1 Oversight Board’ (in this section referred to as the ‘Over2 sight Board’).

3 ‘‘(b) MEMBERSHIP.—

4 ‘‘(1) COMPOSITION.—The Oversight Board shall

5 be composed of 9 members, as follows:

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

7 are not otherwise Federal officers or employees

8 and who are appointed by the President, by and

9 with the advice and consent of the Senate.

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

11 Transportation or, if the Secretary so designates,

12 the Deputy Secretary of the Transportation.

13 ‘‘(C) One member shall be the Adminis14 trator of the Federal Aviation Administration.

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

16 who is appointed by the President, by and with

17 the advice and consent of the Senate, from

18 among individuals who are the leaders of their

19 respective unions of air traffic control system

20 employees.

21 ‘‘(2) QUALIFICATIONS AND TERMS.—

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

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

24 shall—
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1 ‘‘(i) have a fiduciary responsibility to

2 represent the public interest;

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

4 and

5 ‘‘(iii) be appointed without regard to

6 political affiliation and solely on the basis

7 of their professional experience and exper8 tise in 1 or more of the following areas:

9 ‘‘(I) Management of large service

10 organizations.

11 ‘‘(II) Customer service.

12 ‘‘(III) Management of large pro13 curements.

14 ‘‘(IV) Information and commu15 nications technology.

16 ‘‘(V) Organizational development.

17 ‘‘(VI) Labor relations.

18 At least 3 members of the Oversight Board ap19 pointed under paragraph (1)(A) should have

20 knowledge of, or a background in, aviation. At

21 least one of such members should have a back22 ground in managing large organizations success23 fully. In the aggregate, such members should col24 lectively bring to bear expertise in all of the
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1 areas described in subclauses (I) through (VI) of

2 clause (iii).

3 ‘‘(B) PROHIBITIONS.—No member of the

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

5 may—

6 ‘‘(i) have a pecuniary interest in, or

7 own stock in or bonds of, an aviation or

8 aeronautical enterprise;

9 ‘‘(ii) engage in another business related

10 to aviation or aeronautics; or

11 ‘‘(iii) be a member of any organization

12 that engages, as a substantial part of its ac13 tivities, in activities to influence aviation14 related legislation.

15 ‘‘(C) TERMS FOR AIR TRAFFIC CONTROL

16 REPRESENTATIVES.—A member appointed under

17 paragraph (1)(D) shall be appointed for a term

18 of 3 years, except that the term of such indi19 vidual shall end whenever the individual no

20 longer meets the requirements of paragraph

21 (1)(D).

22 ‘‘(D) TERMS FOR NONFEDERAL OFFICERS

23 OR EMPLOYEES.—A member appointed under

24 paragraph (1)(A) shall be appointed for a term
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1 of 5 years, except that of the members first ap2 pointed under paragraph (1)(A)—

3 ‘‘(i) 2 members shall be appointed for

4 a term of 3 years;

5 ‘‘(ii) 2 members shall be appointed for

6 a term of 4 years; and

7 ‘‘(iii) 2 members shall be appointed for

8 a term of 5 years.

9 ‘‘(E) REAPPOINTMENT.—An individual

10 may not be appointed under paragraph (1)(A) to

11 more than two 5-year terms on the Oversight

12 Board.

13 ‘‘(F) VACANCY.—Any vacancy on the Over14 sight Board shall be filled in the same manner

15 as the original appointment. Any member ap16 pointed to fill a vacancy occurring before the ex17 piration of the term for which the member’s

18 predecessor was appointed shall be appointed for

19 the remainder of that term.

20 ‘‘(3) ETHICAL CONSIDERATIONS.—

21 ‘‘(A) FINANCIAL DISCLOSURE.—During the

22 entire period that an individual appointed

23 under subparagraph (A) or (D) of paragraph (1)

24 is a member of the Oversight Board, such indi25 vidual shall be treated as serving as an officer or
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1 employee referred to in section 101(f) of the Eth2 ics in Government Act of 1978 for purposes of

3 title I of such Act, except that section 101(d) of

4 such Act shall apply without regard to the num5 ber of days of service in the position.

6 ‘‘(B) RESTRICTIONS ON POST-EMPLOY7 MENT.—For purposes of section 207(c) of title

8 18, an individual appointed under subpara9 graph (A) or (D) of paragraph (1) shall be treat10 ed as an employee referred to in section

11 207(c)(2)(A)(i) of such title during the entire pe12 riod the individual is a member of the Board,

13 except that subsections (c)(2)(B) and (f) of sec14 tion 207 of such title shall not apply.

15 ‘‘(C) WAIVER.—At the time the President

16 nominates an individual for appointment as a

17 member of the Oversight Board under paragraph

18 (1)(D), the President may waive for the term of

19 the member any appropriate provision of chapter

20 11 of title 18, to the extent such waiver is nec21 essary to allow the member to participate in the

22 decisions of the Board while continuing to serve

23 as a full-time Federal employee or a representa24 tive of employees. Any such waiver shall not be

25 effective unless a written intent of waiver to ex-
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1 empt such member (and actual waiver language)

2 is submitted to the Senate with the nomination

3 of such member.

4 ‘‘(4) QUORUM.—Five members of the Oversight

5 Board shall constitute a quorum. A majority of mem6 bers present and voting shall be required for the Over7 sight Board to take action.

8 ‘‘(5) REMOVAL.—Any member of the Oversight

9 Board appointed under subparagraph (A) or (D) of

10 paragraph (1) may be removed for cause by the Presi11 dent.

12 ‘‘(6) CLAIMS.—

13 ‘‘(A) IN GENERAL.—A member of the Over14 sight Board appointed under subparagraph (A)

15 or (D) of paragraph (1) shall have no personal

16 liability under Federal law with respect to any

17 claim arising out of or resulting from an act or

18 omission by such member within the scope of

19 service as a member of the Oversight Board.

20 ‘‘(B) EFFECT ON OTHER LAW.—This para21 graph shall not be construed—

22 ‘‘(i) to affect any other immunity or

23 protection that may be available to a mem24 ber of the Oversight Board under applicable

25 law with respect to such transactions;
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1 ‘‘(ii) to affect any other right or rem2 edy against the United States under appli3 cable law; or

4 ‘‘(iii) to limit or alter in any way the

5 immunities that are available under appli6 cable law for Federal officers and employees.

7 ‘‘(c) GENERAL RESPONSIBILITIES.—

8 ‘‘(1) OVERSIGHT.—The Oversight Board shall

9 oversee the Federal Aviation Administration in its

10 administration, management, conduct, direction, and

11 supervision of the air traffic control system.

12 ‘‘(2) CONFIDENTIALITY.—The Oversight Board

13 shall ensure that appropriate confidentiality is main14 tained in the exercise of its duties.

15 ‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight

16 Board shall have the following specific responsibilities:

17 ‘‘(1) STRATEGIC PLANS.—To review, approve,

18 and monitor achievements under a strategic plan of

19 the Federal Aviation Administration for the air traf20 fic control system, including the establishment of—

21 ‘‘(A) a mission and objectives;

22 ‘‘(B) standards of performance relative to

23 such mission and objectives, including safety, ef24 ficiency, and productivity; and

25 ‘‘(C) annual and long-range strategic plans.
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1 ‘‘(2) MODERNIZATION AND IMPROVEMENT.—To

2 review and approve—

3 ‘‘(A) methods of the Federal Aviation Ad4 ministration to accelerate air traffic control

5 modernization and improvements in aviation

6 safety related to air traffic control; and

7 ‘‘(B) procurements of air traffic control

8 equipment by the Federal Aviation Administra9 tion in excess of $100,000,000.

10 ‘‘(3) OPERATIONAL PLANS.—To review the oper11 ational functions of the Federal Aviation Administra12 tion, including—

13 ‘‘(A) plans for modernization of the air

14 traffic control system;

15 ‘‘(B) plans for increasing productivity or

16 implementing cost-saving measures; and

17 ‘‘(C) plans for training and education.

18 ‘‘(4) MANAGEMENT.—To—

19 ‘‘(A) review and approve the Administra20 tor’s appointment of a Chief Operating Officer

21 under section 106(r);

22 ‘‘(B) review the Administrator’s selection,

23 evaluation, and compensation of senior execu24 tives of the Federal Aviation Administration who

25 have program management responsibility over
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1 significant functions of the air traffic control

2 system;

3 ‘‘(C) review and approve the Administra4 tor’s plans for any major reorganization of the

5 Federal Aviation Administration that would im6 pact on the management of the air traffic control

7 system;

8 ‘‘(D) review and approve the Administra9 tor’s cost accounting and financial management

10 structure and technologies to help ensure efficient

11 and cost-effective air traffic control operation;

12 and

13 ‘‘(E) review the performance and coopera14 tion of managers responsible for major acquisi15 tion projects, including the ability of the man16 agers to meet schedule and budget targets.

17 ‘‘(5) BUDGET.—To—

18 ‘‘(A) review and approve the budget request

19 of the Federal Aviation Administration related

20 to the air traffic control system prepared by the

21 Administrator;

22 ‘‘(B) submit such budget request to the Sec23 retary of Transportation; and

24 ‘‘(C) ensure that the budget request supports

25 the annual and long-range strategic plans.
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1 The Secretary shall submit the budget request referred to

2 in paragraph (5)(B) for any fiscal year to the President

3 who shall submit such request, without revision, to the Com4 mittees on Transportation and Infrastructure and Appro5 priations of the House of Representatives and the Commit6 tees on Commerce, Science, and Transportation and Appro7 priations of the Senate, together with the President’s annual

8 budget request for the Federal Aviation Administration for

9 such fiscal year.

10 ‘‘(e) REPORTING OF OVERTURNING OF BOARD DECI11 SIONS.—If the Secretary or Administrator overturns a deci12 sion of the Oversight Board, the Secretary or Adminis13 trator, as appropriate shall report such action to the Presi14 dent, the Committee on Transportation and Infrastructure

15 of the House of Representatives, and the Committee on Com16 merce, Science, and Transportation of the Senate.

17 ‘‘(f) BOARD PERSONNEL MATTERS.—

18 ‘‘(1) COMPENSATION OF MEMBERS.—

19 ‘‘(A) IN GENERAL.—Each member of the

20 Oversight Board who—

21 ‘‘(i) appointed under subsection

22 (b)(1)(A); or

23 ‘‘(ii) appointed under subsection

24 (b)(1)(D) and is not otherwise a Federal of25 ficer or employee,
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1 shall be compensated at a rate of $30,000 per

2 year. All other members shall serve without com3 pensation for such service.

4 ‘‘(B) CHAIRPERSON.—Notwithstanding sub5 paragraph (A), the chairperson of the Oversight

6 Board shall be compensated at a rate of $50,000

7 per year.

8 ‘‘(2) TRAVEL EXPENSES.—

9 ‘‘(A) IN GENERAL.—The members of the

10 Oversight Board shall be allowed travel expenses,

11 including per diem in lieu of subsistence, at

12 rates authorized for employees of agencies under

13 subchapter I of chapter 57 of title 5, to attend

14 meetings of the Oversight Board and, with the

15 advance approval of the chairperson of the Over16 sight Board, while otherwise away from their

17 homes or regular places of business for purposes

18 of duties as a member of the Oversight Board.

19 ‘‘(B) REPORT.—The Oversight Board shall

20 include in its annual report under subsection

21 (g)(3)(A) information with respect to the travel

22 expenses allowed for members of the Oversight

23 Board under this paragraph.

24 ‘‘(3) STAFF.—
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1 ‘‘(A) IN GENERAL.—The chairperson of the

2 Oversight Board may appoint and terminate

3 any personnel that may be necessary to enable

4 the Board to perform its duties.

5 ‘‘(B) DETAIL OF GOVERNMENT EMPLOY6 EES.—Upon request of the chairperson of the

7 Oversight Board, a Federal agency shall detail a

8 United States Government employee to the Over9 sight Board without reimbursement. Such detail

10 shall be without interruption or loss of civil serv11 ice status or privilege.

12 ‘‘(4) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The chairperson of the Over14 sight Board may procure temporary and intermittent

15 services under section 3109(b) of title 5.

16 ‘‘(g) ADMINISTRATIVE MATTERS.—

17 ‘‘(1) CHAIR.—

18 ‘‘(A) TERM.—The members of the Oversight

19 Board shall elect for a 2-year term a chairperson

20 from among the members appointed under sub21 section (b)(1)(A).

22 ‘‘(B) POWERS.—Except as otherwise pro23 vided by a majority vote of the Oversight Board,

24 the powers of the chairperson shall include—

25 ‘‘(i) establishing committees;
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1 ‘‘(ii) setting meeting places and times;

2 ‘‘(iii) establishing meeting agendas;

3 and

4 ‘‘(iv) developing rules for the conduct

5 of business.

6 ‘‘(2) MEETINGS.—The Oversight Board shall

7 meet at least quarterly and at such other times as the

8 chairperson determines appropriate.

9 ‘‘(3) REPORTS.—

10 ‘‘(A) ANNUAL.—The Oversight Board shall

11 each year report with respect to the conduct of

12 its responsibilities under this title to the Presi13 dent, the Committee on Transportation and In14 frastructure of the House of Representatives, and

15 the Committee on Commerce, Science, and

16 Transportation of the Senate.

17 ‘‘(B) ADDITIONAL REPORT.—Upon a deter18 mination by the Oversight Board under sub19 section (c)(1) that the organization and oper20 ation of the Federal Aviation Administration’s

21 air traffic control system are not allowing the

22 Federal Aviation Administration to carry out its

23 mission, the Oversight Board shall report such

24 determination to the Committee on Transpor25 tation and Infrastructure of the House of Rep-
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1 resentatives and the Committee on Commerce,

2 Science, and Transportation of the Senate.

3 ‘‘(C) COMPTROLLER GENERAL’S REPORT.—

4 Not later than April 30, 2004, the Comptroller

5 General of the United States shall transmit to

6 the Committee on Transportation and Infra7 structure of the House of Representatives and the

8 Committee on Commerce, Science, and Transpor9 tation of the Senate a report on the success of the

10 Oversight Board in improving the performance

11 of the air traffic control system.’’.

12 (2) CONFORMING AMENDMENT.—The analysis for

13 chapter 1 is amended by adding at the end the fol14 lowing:

‘‘113. Air Traffic Control Oversight Board.’’.

15 (b) EFFECTIVE DATES.—

16 (1) IN GENERAL.—The amendments made by

17 this section shall take effect on the date of enactment

18 of this Act.

19 (2) INITIAL NOMINATIONS TO AIR TRAFFIC CON20 TROL OVERSIGHT BOARD.—The President shall sub21 mit the initial nominations of the air traffic control

22 oversight board to the Senate not later than 3 months

23 after the date of enactment of this Act.

24 (3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT

25 OF OVERSIGHT BOARD.—Nothing in this section shall
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1 be construed to invalidate the actions and authority

2 of the Federal Aviation Administration prior to the

3 appointment of the members of the Air Traffic Con4 trol Oversight Board.

5 SEC. 303. CHIEF OPERATING OFFICER.

6 Section 106 is amended by adding at the end the fol7 lowing:

8 ‘‘(r) CHIEF OPERATING OFFICER.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) APPOINTMENT.—There shall be a Chief

11 Operating Officer for the air traffic control sys12 tem to be appointed by the Administrator, with

13 approval of the Air Traffic Control Oversight

14 Board established by section 113. The Chief Op15 erating Officer shall report directly to the Ad16 ministrator and shall be subject to the authority

17 of the Administrator.

18 ‘‘(B) QUALIFICATIONS.—The Chief Oper19 ating Officer shall have a demonstrated ability

20 in management and knowledge of or experience

21 in aviation.

22 ‘‘(C) TERM.—The Chief Operating Officer

23 shall be appointed for a term of 5 years.

24 ‘‘(D) REMOVAL.—The Chief Operating Offi25 cer shall serve at the pleasure of the Adminis-
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1 trator, except that the Administrator shall make

2 every effort to ensure stability and continuity in

3 the leadership of the air traffic control system.

4 ‘‘(E) VACANCY.—Any individual appointed

5 to fill a vacancy in the position of Chief Oper6 ating Officer occurring before the expiration of

7 the term for which the individual’s predecessor

8 was appointed shall be appointed for the remain9 der of that term.

10 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—The

11 Administrator and the Chief Operating Officer, in

12 consultation with the Air Traffic Control Oversight

13 Board, shall enter into an annual performance agree14 ment that sets forth measurable organization and in15 dividual goals for the Chief Operating Officer in key

16 operational areas. The agreement shall be subject to

17 review and renegotiation on an annual basis.

18 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

19 Chief Operating Officer shall prepare and submit to

20 the Secretary of Transportation and Congress an an21 nual management report containing such information

22 as may be prescribed by the Secretary.’’.
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1 SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY

2 COUNCIL.

3 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

4 to read as follows:

5 ‘‘(C) 13 members representing aviation in6 terests, appointed by—

7 ‘‘(i) in the case of initial appointments

8 to the Council, the President by and with

9 the advice and consent of the Senate; and

10 ‘‘(ii) in the case of subsequent appoint11 ments to the Council, the Secretary of

12 Transportation.’’.

13 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i) is

14 amended by striking ‘‘by the President’’.

15 SEC. 305. ENVIRONMENTAL STREAMLINING.

16 (a) COORDINATED ENVIRONMENTAL REVIEW PROC17 ESS.—

18 (1) DEVELOPMENT AND IMPLEMENTATION.—The

19 Secretary shall develop and implement a coordinated

20 environmental review process for aviation infrastruc21 ture projects that require—

22 (A) the preparation of an environmental

23 impact statement or environmental assessment

24 under the National Environmental Policy Act of

25 1969 (42 U.S.C. 4321 et seq.), except that the

26 Secretary may decide not to apply this section to
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1 the preparation of an environmental assessment

2 under such Act; or

3 (B) the conduct of any other environmental

4 review, analysis, opinion, or issuance of an envi5 ronmental permit, license, or approval by oper6 ation of Federal law.

7 (2) MEMORANDUM OF UNDERSTANDING.—

8 (A) IN GENERAL.—The coordinated environ9 mental review process for each project shall en10 sure that, whenever practicable (as specified in

11 this section), all environmental reviews, anal12 yses, opinions, and any permits, licenses, or ap13 provals that must be issued or made by any Fed14 eral agency for the project concerned shall be

15 conducted concurrently and completed within a

16 cooperatively determined time period. Such proc17 ess for a project or class of project may be incor18 porated into a memorandum of understanding

19 between the Department of Transportation and

20 Federal agencies (and, where appropriate, State

21 agencies).

22 (B) ESTABLISHMENT OF TIME PERIODS.—

23 In establishing the time period referred to in

24 subparagraph (A), and any time periods for re25 view within such period, the Department and all
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1 such agencies shall take into account their re2 spective resources and statutory commitments.

3 (b) ELEMENTS OF COORDINATED ENVIRONMENTAL

4 REVIEW PROCESS.—For each project, the coordinated envi5 ronmental review process established under this section

6 shall provide, at a minimum, for the following elements:

7 (1) FEDERAL AGENCY IDENTIFICATION.—The

8 Secretary shall, at the earliest possible time, identify

9 all potential Federal agencies that—

10 (A) have jurisdiction by law over environ11 mental-related issues that may be affected by the

12 project and the analysis of which would be part

13 of any environmental document required by the

14 National Environmental Policy Act of 1969 (42

15 U.S.C. 4321 et seq.); or

16 (B) may be required by Federal law to

17 independently—

18 (i) conduct an environmental-related

19 review or analysis; or

20 (ii) determine whether to issue a per21 mit, license, or approval or render an opin22 ion on the environmental impact of the

23 project.
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1 (2) TIME LIMITATIONS AND CONCURRENT RE2 VIEW.—The Secretary and the head of each Federal

3 agency identified under paragraph (1)—

4 (A)(i) shall jointly develop and establish

5 time periods for review for—

6 (I) all Federal agency comments with

7 respect to any environmental review docu8 ments required by the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321

10 et seq.) for the project; and

11 (II) all other independent Federal

12 agency environmental analyses, reviews,

13 opinions, and decisions on any permits, li14 censes, and approvals that must be issued or

15 made for the project;

16 whereby each such Federal agency’s review shall

17 be undertaken and completed within such estab18 lished time periods for review; or

19 (ii) may enter into an agreement to estab20 lish such time periods for review with respect to

21 a class of project; and

22 (B) shall ensure, in establishing such time

23 periods for review, that the conduct of any such

24 analysis, review, opinion, and decision is under25 taken concurrently with all other environmental
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1 reviews for the project, including the reviews re2 quired by the National Environmental Policy

3 Act of 1969 (42 U.S.C. 4321 et seq.); except that

4 such review may not be concurrent if the affected

5 Federal agency can demonstrate that such con6 current review would result in a significant ad7 verse impact to the environment or substantively

8 alter the operation of Federal law or would not

9 be possible without information developed as

10 part of the environmental review process.

11 (3) FACTORS TO BE CONSIDERED.—Time periods

12 for review established under this section shall be con13 sistent with the time periods established by the Coun14 cil on Environmental Quality under sections 1501.8

15 and 1506.10 of title 40, Code of Federal Regulations.

16 (4) EXTENSIONS.—The Secretary shall extend

17 any time periods for review under this section if,

18 upon good cause shown, the Secretary and any Fed19 eral agency concerned determine that additional time

20 for analysis and review is needed as a result of new

21 information that has been discovered that could not

22 reasonably have been anticipated when the Federal

23 agency’s time periods for review were established. Any

24 memorandum of understanding shall be modified to

25 incorporate any mutually agreed-upon extensions.
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1 (c) DISPUTE RESOLUTION.—When the Secretary deter2 mines that a Federal agency which is subject to a time pe3 riod for its environmental review or analysis under this sec4 tion has failed to complete such review, analysis, opinion,

5 or decision on issuing any permit, license, or approval

6 within the established time period or within any agreed7 upon extension to such time period, the Secretary may,

8 after notice and consultation with such agency, close the

9 record on the matter before the Secretary. If the Secretary

10 finds, after timely compliance with this section, that an en11 vironmental issue related to the project that an affected Fed12 eral agency has jurisdiction over by operation of Federal

13 law has not been resolved, the Secretary and the head of

14 the Federal agency shall resolve the matter not later than

15 30 days after the date of the finding by the Secretary.

16 (d) PARTICIPATION OF STATE AGENCIES.—For any

17 project eligible for assistance under chapter 471 of title 49,

18 United States Code, a State, by operation of State law, may

19 require that all State agencies that have jurisdiction by

20 State or Federal law over environmental-related issues that

21 may be affected by the project, or that are required to issue

22 any environmental-related reviews, analyses, opinions, or

23 determinations on issuing any permits, licenses, or approv24 als for the project, be subject to the coordinated environ25 mental review process established under this section unless
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1 the Secretary determines that a State’s participation would

2 not be in the public interest. For a State to require State

3 agencies to participate in the review process, all affected

4 agencies of the State shall be subject to the review process.

5 (e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—

6 (1) IN GENERAL.—The Secretary may approve a

7 request by a State or other recipient of assistance

8 under chapter 471 of title 49, United States Code, to

9 provide funds made available from the Airport and

10 Airway Trust Fund to the State or recipient for an

11 aviation project subject to the coordinated environ12 mental review process established under this section to

13 affected Federal agencies to provide the resources nec14 essary to meet any time limits established under this

15 section.

16 (2) AMOUNTS.—Such requests under paragraph

17 (1) shall be approved only—

18 (A) for the additional amounts that the Sec19 retary determines are necessary for the affected

20 Federal agencies to meet the time limits for envi21 ronmental review; and

22 (B) if such time limits are less than the cus23 tomary time necessary for such review.

24 (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
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1 (1) JUDICIAL REVIEW.—Nothing in this section

2 shall affect the reviewability of any final Federal

3 agency action in a court of the United States or in

4 the court of any State.

5 (2) SAVINGS CLAUSE.—Nothing in this section

6 shall affect the applicability of the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or

8 any other Federal environmental statute or affect the

9 responsibility of any Federal officer to comply with

10 or enforce any such statute.

11 (g) FEDERAL AGENCY DEFINED.—In this section, the

12 term ‘‘Federal agency’’ means any Federal agency or any

13 State agency carrying out affected responsibilities required

14 by operation of Federal law.

15 SEC. 306. CLARIFICATION OF REGULATORY APPROVAL

16 PROCESS.

17 Section 106(f)(3)(B)(i) is amended—

18 (1) by striking ‘‘$100,000,000’’ each place it ap19 pears and inserting ‘‘$250,000,000’’;

20 (2) by striking ‘‘Air Traffic Management System

21 Performance Improvement Act of 1996’’ and inserting

22 ‘‘Aviation Investment and Reform Act for the 21st

23 Century’’;

24 (3) in subclause (I)—
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1 (A) by inserting ‘‘substantial and’’ before

2 ‘‘material’’; and

3 (B) by inserting ‘‘or’’ after the semicolon at

4 the end; and

5 (4) by striking subclauses (II), (III), and (IV)

6 and inserting the following:

7 ‘‘(II) raise novel or significant legal or

8 policy issues arising out of legal mandates

9 that may substantially and materially af10 fect other transportation modes.’’.

11 SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO12 CATIONS.

13 (a) INDEPENDENT ASSESSMENT.—

14 (1) IN GENERAL.—The Inspector General of the

15 Department of Transportation shall conduct the as16 sessments described in this section. To conduct the as17 sessments, the Inspector General may use the staff

18 and resources of the Inspector General or contract

19 with 1 or more independent entities.

20 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

21 OF FAA COST DATA AND ATTRIBUTIONS.—

22 (A) IN GENERAL.—The Inspector General

23 shall conduct an assessment to ensure that the

24 method for calculating the overall costs of the

25 Federal Aviation Administration and attrib-
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1 uting such costs to specific users is appropriate,

2 reasonable, and understandable to the users.

3 (B) COMPONENTS.—In conducting the as4 sessment under this paragraph, the Inspector

5 General shall assess the following:

6 (i) The Federal Aviation Administra7 tion’s cost input data, including the reli8 ability of the Federal Aviation Administra9 tion’s source documents and the integrity

10 and reliability of the Federal Aviation Ad11 ministration’s data collection process.

12 (ii) The Federal Aviation Administra13 tion’s system for tracking assets.

14 (iii) The Federal Aviation Administra15 tion’s bases for establishing asset values and

16 depreciation rates.

17 (iv) The Federal Aviation Administra18 tion’s system of internal controls for ensur19 ing the consistency and reliability of re20 ported data.

21 (v) The Federal Aviation Administra22 tion’s definition of the services to which the

23 Federal Aviation Administration ultimately

24 attributes its costs.
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1 (vi) The cost pools used by the Federal

2 Aviation Administration and the rationale

3 for and reliability of the bases which the

4 Federal Aviation Administration proposes

5 to use in allocating costs of services to users.

6 (C) REQUIREMENTS FOR ASSESSMENT OF

7 COST POOLS.—In carrying out subparagraph

8 (B)(vi), the Inspector General shall—

9 (i) review costs that cannot reliably be

10 attributed to specific Federal Aviation Ad11 ministration services or activities (called

12 ‘‘common and fixed costs’’ in the Federal

13 Aviation Administration Cost Allocation

14 Study) and consider alternative methods for

15 allocating such costs; and

16 (ii) perform appropriate tests to assess

17 relationships between costs in the various

18 cost pools and activities and services to

19 which the costs are attributed by the Fed20 eral Aviation Administration.

21 (3) COST EFFECTIVENESS.—

22 (A) IN GENERAL.—The Inspector General

23 shall assess the progress of the Federal Aviation

24 Administration in cost and performance man25 agement, including use of internal and external
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1 benchmarking in improving the performance and

2 productivity of the Federal Aviation Administra3 tion.

4 (B) ANNUAL REPORTS.—Not later than De5 cember 31, 2000, and annually thereafter until

6 December 31, 2004, the Inspector General shall

7 transmit to Congress an updated report con8 taining the results of the assessment conducted

9 under this paragraph.

10 (C) INFORMATION TO BE INCLUDED IN FAA

11 FINANCIAL REPORT.—The Administrator shall

12 include in the annual financial report of the

13 Federal Aviation Administration information on

14 the performance of the Administration sufficient

15 to permit users and others to make an informed

16 evaluation of the progress of the Administration

17 in increasing productivity.

18 (b) FUNDING.—Of the amounts appropriated pursuant

19 to section 106(k) of title 49, United States Code, for fiscal

20 year 2000, not to exceed $1,500,000 may be used to carry

21 out this section.
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1 TITLE IV—FAMILY ASSISTANCE

2 SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR3 TATION SAFETY BOARD.

4 (a) PROHIBITION ON UNSOLICITED COMMUNICA5 TIONS.—

6 (1) IN GENERAL.—Section 1136(g)(2) is

7 amended—

8 (A) by striking ‘‘transportation,’’ and in9 serting ‘‘transportation and in the event of an

10 accident involving a foreign air carrier that oc11 curs within the United States,’’;

12 (B) by inserting after ‘‘attorney’’ the fol13 lowing: ‘‘(including any associate, agent, em14 ployee, or other representative of an attorney)’’;

15 and

16 (C) by striking ‘‘30th day’’ and inserting

17 ‘‘45th day’’.

18 (2) ENFORCEMENT.—Section 1151 is amended

19 by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each

20 place it appears.

21 (b) PROHIBITION ON ACTIONS TO PREVENT MENTAL

22 HEALTH AND COUNSELING SERVICES.—Section 1136(g) is

23 amended by adding at the end the following:

24 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

25 MENTAL HEALTH AND COUNSELING SERVICES.—No
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1 State or political subdivision may prevent the em2 ployees, agents, or volunteers of an organization des3 ignated for an accident under subsection (a)(2) from

4 providing mental health and counseling services

5 under subsection (c)(1) in the 30-day period begin6 ning on the date of the accident. The director of fam7 ily support services designated for the accident under

8 subsection (a)(1) may extend such period for not to

9 exceed an additional 30 days if the director deter10 mines that the extension is necessary to meet the

11 needs of the families and if State and local authori12 ties are notified of the determination.’’.

13 (c) INCLUSION OF NONREVENUE PASSENGERS IN FAM14 ILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is amend15 ed to read as follows:

16 ‘‘(2) PASSENGER.—The term ‘passenger’

17 includes—

18 ‘‘(A) an employee of an air carrier or for19 eign air carrier aboard an aircraft; and

20 ‘‘(B) any other person aboard the aircraft

21 without regard to whether the person paid for the

22 transportation, occupied a seat, or held a res23 ervation for the flight.’’.

24 (d) LIMITATION ON STATUTORY CONSTRUCTION.—Sec25 tion 1136 is amended by adding at the end the following:
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1 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this section may be construed as limiting the

3 actions that an air carrier may take, or the obligations that

4 an air carrier may have, in providing assistance to the

5 families of passengers involved in an aircraft accident.’’.

6 SEC. 402. AIR CARRIER PLANS.

7 (a) CONTENTS OF PLANS.—

8 (1) FLIGHT RESERVATION INFORMATION.—Sec9 tion 41113(b) is amended by adding at the end the

10 following:

11 ‘‘(14) An assurance that, upon request of the

12 family of a passenger, the air carrier will inform the

13 family of whether the passenger’s name appeared on

14 a preliminary passenger manifest for the flight in15 volved in the accident.’’.

16 (2) TRAINING OF EMPLOYEES AND AGENTS.—

17 Section 41113(b) is further amended by adding at the

18 end the following:

19 ‘‘(15) An assurance that the air carrier will pro20 vide adequate training to the employees and agents of

21 the carrier to meet the needs of survivors and family

22 members following an accident.’’.

23 (3) CONSULTATION ON CARRIER RESPONSE NOT

24 COVERED BY PLAN.—Section 41113(b) is further

25 amended by adding at the end the following:
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1 ‘‘(16) An assurance that the air carrier, in the

2 event that the air carrier volunteers assistance to

3 United States citizens within the United States in the

4 case of an aircraft accident outside the United States

5 involving major loss of life, the air carrier will con6 sult with the Board and the Department of State on

7 the provision of the assistance.’’.

8 (4) SUBMISSION OF UPDATED PLANS.—The

9 amendments made by paragraphs (1), (2), and (3)

10 shall take effect on the 180th day following the date

11 of enactment of this Act. On or before such 180th day,

12 each air carrier holding a certificate of public conven13 ience and necessity under section 41102 of title 49,

14 United States Code, shall submit to the Secretary of

15 Transportation and the Chairman of the National

16 Transportation Safety Board an updated plan under

17 section 41113 of such title that meets the requirement

18 of the amendments made by paragraphs (1), (2), and

19 (3).

20 (5) CONFORMING AMENDMENTS.—Section 41113

21 is amended—

22 (A) in subsection (a) by striking ‘‘Not later

23 than 6 months after the date of the enactment of

24 this section, each air carrier’’ and inserting

25 ‘‘Each air carrier’’; and
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1 (B) in subsection (c) by striking ‘‘After the

2 date that is 6 months after the date of the enact3 ment of this section, the Secretary’’ and insert4 ing ‘‘The Secretary’’.

5 (b) LIMITATION ON LIABILITY.—Section 41113(d) is

6 amended by inserting ‘‘, or in providing information con7 cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.

8 (c) LIMITATION ON STATUTORY CONSTRUCTION.—Sec9 tion 41113 is amended by adding at the end the following:

10 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

11 Nothing in this section may be construed as limiting the

12 actions that an air carrier may take, or the obligations that

13 an air carrier may have, in providing assistance to the

14 families of passengers involved in an aircraft accident.’’.

15 SEC. 403. FOREIGN AIR CARRIER PLANS.

16 (a) INCLUSION OF NONREVENUE PASSENGERS IN FAM17 ILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is

18 amended to read as follows:

19 ‘‘(2) PASSENGER.—The term ‘passenger’ has the

20 meaning given such term by section 1136 of this

21 title.’’.

22 (b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—

23 Section 41313(b) is amended by striking ‘‘significant’’ and

24 inserting ‘‘major’’.

25 (c) CONTENTS OF PLANS.—
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1 (1) IN GENERAL.—Section 41313(c) is amended

2 by adding at the end the following:

3 ‘‘(15) TRAINING OF EMPLOYEES AND AGENTS.—

4 An assurance that the foreign air carrier will provide

5 adequate training to the employees and agents of the

6 carrier to meet the needs of survivors and family

7 members following an accident.

8 ‘‘(16) CONSULTATION ON CARRIER RESPONSE

9 NOT COVERED BY PLAN.—An assurance that the for10 eign air carrier, in the event that the foreign air car11 rier volunteers assistance to United States citizens

12 within the United States in the case of an aircraft ac13 cident outside the United States involving major loss

14 of life, the foreign air carrier will consult with the

15 Board and the Department of State on the provision

16 of the assistance.’’.

17 (2) SUBMISSION OF UPDATED PLANS.—The

18 amendment made by paragraph (1) shall take effect

19 on the 180th day following the date of enactment of

20 this Act. On or before such 180th day, each foreign

21 air carrier providing foreign air transportation

22 under chapter 413 of title 49, United States Code,

23 shall submit to the Secretary of Transportation and

24 the Chairman of the National Transportation Safety

25 Board an updated plan under section 41313 of such
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1 title that meets the requirement of the amendment

2 made by paragraph (1).

3 SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS

4 ACT.

5 (a) IN GENERAL.—Section 40120(a) is amended by in6 serting ‘‘(including the Act entitled ‘An Act relating to the

7 maintenance of actions for death on the high seas and other

8 navigable waters’, approved March 30, 1920, commonly

9 known as the Death on the High Seas Act (46 U.S.C. App.

10 761–767; 41 Stat. 537–538))’’ after ‘‘United States’’.

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) applies to civil actions commenced after the date

13 of enactment of this Act and to civil actions that are not

14 adjudicated by a court of original jurisdiction or settled on

15 or before such date of enactment.

16 TITLE V—SAFETY

17 SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD18 LINES.

19 (a) IN GENERAL.—The Administrator shall require by

20 regulation that, no later than December 31, 2002, equip21 ment be installed, on each cargo aircraft with a maximum

22 certificated takeoff weight in excess of 15,000 kilograms,

23 that provides protection from mid-air collisions using tech24 nology that provides—
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1 (1) cockpit based collision detection and conflict

2 resolution guidance, including display of traffic; and

3 (2) a margin of safety of at least the same level

4 as provided by the collision avoidance system known

5 as TCAS–II.

6 (b) EXTENSION OF DEADLINE.—The Administrator

7 may extend the deadline established by subsection (a) by

8 not more than 2 years if the Administrator finds that the

9 extension is needed to promote—

10 (1) a safe and orderly transition to the operation

11 of a fleet of cargo aircraft equipped with collision

12 avoidance equipment; or

13 (2) other safety or public interest objectives.

14 SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI15 CANTS.

16 Section 44936(f) is amended—

17 (1) in paragraph (1)(B) by inserting ‘‘(except a

18 branch of the United States Armed Forces, the Na19 tional Guard, or a reserve component of the United

20 States Armed Forces)’’ after ‘‘person’’ the first place

21 it appears;

22 (2) in paragraph (1)(B)(ii) by striking ‘‘indi23 vidual’’ the first place it appears and inserting ‘‘indi24 vidual’s performance as a pilot’’;
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1 (3) in paragraph (14)(B) by inserting ‘‘or from

2 a foreign government or entity that employed the in3 dividual’’ after ‘‘exists’’; and

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

5 ‘‘(15) ELECTRONIC ACCESS TO FAA RECORDS.—

6 For the purpose of increasing timely and efficient ac7 cess to Federal Aviation Administration records de8 scribed in paragraph (1), the Administrator may

9 allow, under terms established by the Administrator,

10 a designated individual to have electronic access to a

11 specified database containing information about such

12 records.’’.

13 SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOY14 EES.

15 Section 347(b)(1) of the Department of Transportation

16 and Related Agencies Appropriations Act, 1996 (49 U.S.C.

17 106 note; 109 Stat. 460) is amended by inserting before the

18 semicolon at the end the following: ‘‘, including the provi19 sions for investigation and enforcement as provided in

20 chapter 12 of title 5, United States Code’’.

21 SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

22 Section 44701 is further amended by adding at the end

23 the following:

24 ‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE25 LINES.—The Administrator shall issue guidelines and en-
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1 courage the development of air safety risk mitigation pro2 grams throughout the aviation industry, including self-au3 dits and self-disclosure programs.’’.

4 SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE

5 RULES.

6 Not later than 30 days after the date of enactment of

7 this Act, the Administrator shall issue a notice of proposed

8 rulemaking to develop procedures to protect air carriers and

9 their employees from civil enforcement actions under the

10 program known as Flight Operations Quality Assurance.

11 Not later than 1 year after the last day of the period for

12 public comment provided for in the notice of proposed rule13 making, the Administrator shall issue a final rule estab14 lishing such procedures.

15 SEC. 506. SMALL AIRPORT CERTIFICATION.

16 Not later than 60 days after the date of enactment of

17 this Act, the Administrator shall issue a notice of proposed

18 rulemaking on implementing section 44706(a)(2) of title 49,

19 United States Code, relating to issuance of airport oper20 ating certificates for small scheduled passenger air carrier

21 operations. Not later than 1 year after the last day of the

22 period for public comment provided for in the notice of pro23 posed rulemaking, the Administrator shall issue a final rule

24 on implementing such program.
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1 SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

2 (a) IN GENERAL.—Chapter 447 is amended by adding

3 at the end the following:

4 ‘‘§ 44725. Life-limited aircraft parts

5 ‘‘(a) IN GENERAL.—The Administrator of the Federal

6 Aviation Administration shall conduct a rulemaking pro7 ceeding to require the safe disposition of life-limited parts

8 removed from an aircraft. The rulemaking proceeding shall

9 ensure that the disposition deter installation on an aircraft

10 of a life-limited part that has reached or exceeded its life

11 limits.

12 ‘‘(b) SAFE DISPOSITION.—For the purposes of this sec13 tion, safe disposition includes any of the following methods:

14 ‘‘(1) The part may be segregated under cir15 cumstances that preclude its installation on an air16 craft.

17 ‘‘(2) The part may be permanently marked to

18 indicate its used life status.

19 ‘‘(3) The part may be destroyed in any manner

20 calculated to prevent reinstallation in an aircraft.

21 ‘‘(4) The part may be marked, if practicable, to

22 include the recordation of hours, cycles, or other air23 worthiness information. If the parts are marked with

24 cycles or hours of usage, that information must be up25 dated when the part is retired from service.
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1 ‘‘(5) Any other method approved by the Adminis2 trator.

3 ‘‘(c) DEADLINES.—In conducting the rulemaking pro4 ceeding under subsection (a), the Administrator shall—

5 ‘‘(1) not later than 180 days after the date of en6 actment of this section, issue a notice of proposed

7 rulemaking; and

8 ‘‘(2) not later than 180 days after the close of the

9 comment period on the proposed rule, issue a final

10 rule.

11 ‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No rule

12 issued under subsection (a) shall require the marking of

13 parts removed before the effective date of the rules issued

14 under subsection (a), nor shall any such rule forbid the in15 stallation of an otherwise airworthy life-limited part.’’.

16 (b) CIVIL PENALTY.—Section 46301(a)(3) is

17 amended—

18 (1) in subparagraph (A) by striking ‘‘or’’ at the

19 end;

20 (2) in subparagraph (B) by striking the period

21 at the end and inserting a semicolon; and

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

23 ‘‘(C) a violation of section 44725, relating to the

24 safe disposal of life-limited aircraft parts; or’’.
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1 (c) CONFORMING AMENDMENT.—The analysis for

2 chapter 447 is further amended by adding at the end the

3 following:

‘‘44725. Life-limited aircraft parts.’’.

4 SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

5 (a) IN GENERAL.—Chapter 463 is amended—

6 (1) by redesignating section 46316 as section

7 46317; and

8 (2) by inserting after section 46315 the fol9 lowing:

10 ‘‘§ 46316. Interference with cabin or flight crew

11 ‘‘An individual who interferes with the duties or re12 sponsibilities of the flight crew or cabin crew of a civil air13 craft, or who poses an imminent threat to the safety of the

14 aircraft or other individuals on the aircraft, is liable to the

15 United States Government for a civil penalty of not more

16 than $25,000.’’.

17 (b) COMPROMISE AND SETOFF.—Section

18 46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ before

19 ‘‘or 47107(b)’’.

20 (c) CONFORMING AMENDMENT.—The analysis for

21 chapter 463 is amended by striking the item relating to sec22 tion 46316 and inserting after the item relating to section

23 46315 the following:

‘‘46316. Interference with cabin or flight crew.

‘‘46317. General criminal penalty when specific penalty not provided.’’.
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1 SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT

2 SYSTEM.

3 Not later than March 1, 2000, and annually thereafter

4 for the next 5 years, the Administrator shall transmit to

5 the Committee on Transportation and Infrastructure of the

6 House of Representatives and the Committee on Commerce,

7 Science, and Transportation of the Senate a report on the

8 progress of the Federal Aviation Administration in imple9 menting the air transportation oversight system. At a min10 imum, the report shall indicate—

11 (1) any funding or staffing constraints that

12 would adversely impact the Administration’s ability

13 to fully develop and implement such system;

14 (2) progress in integrating the aviation safety

15 data derived from such system’s inspections with ex16 isting aviation data of the Administration in the

17 safety performance analysis system of the Adminis18 tration; and

19 (3) the Administration’s efforts in collaboration

20 with the aviation industry to develop and validate

21 safety performance measures and appropriate risk

22 weightings for the air transportation oversight sys23 tem.

24 SEC. 510. AIRPLANE EMERGENCY LOCATORS.

25 (a) REQUIREMENT.—Section 44712(b) is amended to

26 read as follows:
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1 ‘‘(b) NONAPPLICATION.—Subsection (a) does not apply

2 to—

3 ‘‘(1) aircraft when used in scheduled flights by

4 scheduled air carriers holding certificates issued by

5 the Secretary of Transportation under subpart II of

6 this part;

7 ‘‘(2) aircraft when used in training operations

8 conducted entirely within a 50-mile radius of the air9 port from which the training operations begin;

10 ‘‘(3) aircraft when used in flight operations re11 lated to the design and testing, manufacture, prepara12 tion, and delivery of aircraft;

13 ‘‘(4) aircraft when used in research and develop14 ment if the aircraft holds a certificate from the Ad15 ministrator of the Federal Aviation Administration to

16 carry out such research and development;

17 ‘‘(5) aircraft when used in showing compliance

18 with regulations crew training, exhibition, air racing,

19 or market surveys;

20 ‘‘(6) aircraft when used in the aerial application

21 of a substance for an agricultural purpose;

22 ‘‘(7) aircraft with a maximum payload capacity

23 of more than 7,500 pounds when used in air trans24 portation; or
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1 ‘‘(8) aircraft capable of carrying only one indi2 vidual.’’.

3 (b) COMPLIANCE.—Section 44712 is amended by redes4 ignating subsection (c) as subsection (d) and by inserting

5 after subsection (b) the following:

6 ‘‘(c) COMPLIANCE.—An aircraft meets the requirement

7 of subsection (a) if it is equipped with an emergency locator

8 transmitter that transmits on the 121.5/243 megahertz fre9 quency or the 406 megahertz frequency, or with other equip10 ment approved by the Secretary for meeting the requirement

11 of subsection (a).’’.

12 (c) EFFECTIVE DATE; REGULATIONS.—

13 (1) REGULATIONS.—The Secretary of Transpor14 tation shall issue regulations under section 44712(b)

15 of title 49, United States Code, as amended by this

16 section not later than January 1, 2002.

17 (2) EFFECTIVE DATE.—The amendments made

18 by this section shall take effect on January 1, 2002.

19 TITLE VI—WHISTLEBLOWER

20 PROTECTION

21 SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR

22 SAFETY INFORMATION.

23 (a) GENERAL RULE.—Chapter 421 is amended by

24 adding at the end the following:
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1 ‘‘SUBCHAPTER III—WHISTLEBLOWER

2 PROTECTION PROGRAM

3 ‘‘§ 42121. Protection of employees providing air safety

4 information

5 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY6 EES.—No air carrier or contractor or subcontractor of an

7 air carrier may discharge an employee or otherwise dis8 criminate against an employee with respect to compensa9 tion, terms, conditions, or privileges of employment because

10 the employee (or any person acting pursuant to a request

11 of the employee)—

12 ‘‘(1) provided, caused to be provided, or is about

13 to provide (with any knowledge of the employer) or

14 cause to be provided to the employer or Federal Gov15 ernment information relating to any violation or al16 leged violation of any order, regulation, or standard

17 of the Federal Aviation Administration or any other

18 provision of Federal law relating to air carrier safety

19 under this subtitle or any other law of the United

20 States;

21 ‘‘(2) has filed, caused to be filed, or is about to

22 file (with any knowledge of the employer) or cause to

23 be filed a proceeding relating to any violation or al24 leged violation of any order, regulation, or standard

25 of the Federal Aviation Administration or any other
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1 provision of Federal law relating to air carrier safety

2 under this subtitle or any other law of the United

3 States;

4 ‘‘(3) testified or is about to testify in such a pro5 ceeding; or

6 ‘‘(4) assisted or participated or is about to assist

7 or participate in such a proceeding.

8 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE9 DURE.—

10 ‘‘(1) FILING AND NOTIFICATION.—A person who

11 believes that he or she has been discharged or other12 wise discriminated against by any person in viola13 tion of subsection (a) may, not later than 90 days

14 after the date on which such violation occurs, file (or

15 have any person file on his or her behalf) a complaint

16 with the Secretary of Labor alleging such discharge or

17 discrimination. Upon receipt of such a complaint, the

18 Secretary of Labor shall notify, in writing, the person

19 named in the complaint and the Administrator of the

20 Federal Aviation Administration of the filing of the

21 complaint, of the allegations contained in the com22 plaint, of the substance of evidence supporting the

23 complaint, and of the opportunities that will be af24 forded to such person under paragraph (2).

25 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
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1 ‘‘(A) IN GENERAL.—Not later than 60 days

2 after the date of receipt of a complaint filed

3 under paragraph (1) and after affording the per4 son named in the complaint an opportunity to

5 submit to the Secretary of Labor a written re6 sponse to the complaint and an opportunity to

7 meet with a representative of the Secretary to

8 present statements from witnesses, the Secretary

9 of Labor shall conduct an investigation and de10 termine whether there is reasonable cause to be11 lieve that the complaint has merit and notify, in

12 writing, the complainant and the person alleged

13 to have committed a violation of subsection (a)

14 of the Secretary’s findings. If the Secretary of

15 Labor concludes that there is a reasonable cause

16 to believe that a violation of subsection (a) has

17 occurred, the Secretary shall accompany the Sec18 retary’s findings with a preliminary order pro19 viding the relief prescribed by paragraph (3)(B).

20 Not later than 30 days after the date of notifica21 tion of findings under this paragraph, either the

22 person alleged to have committed the violation or

23 the complainant may file objections to the find24 ings or preliminary order, or both, and request

25 a hearing on the record. The filing of such objec-
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1 tions shall not operate to stay any reinstatement

2 remedy contained in the preliminary order. Such

3 hearings shall be conducted expeditiously. If a

4 hearing is not requested in such 30-day period,

5 the preliminary order shall be deemed a final

6 order that is not subject to judicial review.

7 ‘‘(B) REQUIREMENTS.—

8 ‘‘(i) REQUIRED SHOWING BY COM9 PLAINANT.—The Secretary of Labor shall

10 dismiss a complaint filed under this sub11 section and shall not conduct an investiga12 tion otherwise required under subparagraph

13 (A) unless the complainant makes a prima

14 facie showing that any behavior described

15 in paragraphs (1) through (4) of subsection

16 (a) was a contributing factor in the unfa17 vorable personnel action alleged in the com18 plaint.

19 ‘‘(ii) SHOWING BY EMPLOYER.—Not20 withstanding a finding by the Secretary

21 that the complainant has made the showing

22 required under clause (i), no investigation

23 otherwise required under subparagraph (A)

24 shall be conducted if the employer dem25 onstrates, by clear and convincing evidence,
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1 that the employer would have taken the

2 same unfavorable personnel action in the

3 absence of that behavior.

4 ‘‘(iii) CRITERIA FOR DETERMINATION

5 BY SECRETARY.—The Secretary may deter6 mine that a violation of subsection (a) has

7 occurred only if the complainant dem8 onstrates that any behavior described in

9 paragraphs (1) through (4) of subsection (a)

10 was a contributing factor in the unfavorable

11 personnel action alleged in the complaint.

12 ‘‘(iv) PROHIBITION.—Relief may not

13 be ordered under subparagraph (A) if the

14 employer demonstrates by clear and con15 vincing evidence that the employer would

16 have taken the same unfavorable personnel

17 action in the absence of that behavior.

18 ‘‘(3) FINAL ORDER.—

19 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE20 MENT AGREEMENTS.—Not later than 120 days

21 after the date of conclusion of a hearing under

22 paragraph (2), the Secretary of Labor shall issue

23 a final order providing the relief prescribed by

24 this paragraph or denying the complaint. At any

25 time before issuance of a final order, a pro-
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1 ceeding under this subsection may be terminated

2 on the basis of a settlement agreement entered

3 into by the Secretary of Labor, the complainant,

4 and the person alleged to have committed the

5 violation.

6 ‘‘(B) REMEDY.—If, in response to a com7 plaint filed under paragraph (1), the Secretary

8 of Labor determines that a violation of sub9 section (a) has occurred, the Secretary of Labor

10 shall order the person who committed such viola11 tion to—

12 ‘‘(i) take affirmative action to abate

13 the violation;

14 ‘‘(ii) reinstate the complainant to his

15 or her former position together with the

16 compensation (including back pay) and re17 store the terms, conditions, and privileges

18 associated with his or her employment; and

19 ‘‘(iii) provide compensatory damages

20 to the complainant.

21 If such an order is issued under this paragraph,

22 the Secretary of Labor, at the request of the com23 plainant, shall assess against the person against

24 whom the order is issued a sum equal to the ag25 gregate amount of all costs and expenses (includ-
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1 ing attorneys’ and expert witness fees) reason2 ably incurred, as determined by the Secretary of

3 Labor, by the complainant for, or in connection

4 with, the bringing the complaint upon which the

5 order was issued.

6 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec7 retary of Labor finds that a complaint under

8 paragraph (1) is frivolous or has been brought in

9 bad faith, the Secretary of Labor may award to

10 the prevailing employer a reasonable attorney’s

11 fee not exceeding $5,000.

12 ‘‘(4) REVIEW.—

13 ‘‘(A) APPEAL TO COURT OF APPEALS.—Any

14 person adversely affected or aggrieved by an

15 order issued under paragraph (3) may obtain re16 view of the order in the United States Court of

17 Appeals for the circuit in which the violation,

18 with respect to which the order was issued, alleg19 edly occurred or the circuit in which the com20 plainant resided on the date of such violation.

21 The petition for review must be filed not later

22 than 60 days after the date of the issuance of the

23 final order of the Secretary of Labor. Review

24 shall conform to chapter 7 of title 5. The com25 mencement of proceedings under this subpara-
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1 graph shall not, unless ordered by the court, op2 erate as a stay of the order.

3 ‘‘(B) LIMITATION ON COLLATERAL AT4 TACK.—An order of the Secretary of Labor with

5 respect to which review could have been obtained

6 under subparagraph (A) shall not be subject to

7 judicial review in any criminal or other civil

8 proceeding.

9 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

10 OF LABOR.—Whenever any person has failed to com11 ply with an order issued under paragraph (3), the

12 Secretary of Labor may file a civil action in the

13 United States district court for the district in which

14 the violation was found to occur to enforce such order.

15 In actions brought under this paragraph, the district

16 courts shall have jurisdiction to grant all appropriate

17 relief including, but not limited to, injunctive relief

18 and compensatory damages.

19 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

20 ‘‘(A) COMMENCEMENT OF ACTION.—A per21 son on whose behalf an order was issued under

22 paragraph (3) may commence a civil action

23 against the person to whom such order was

24 issued to require compliance with such order.

25 The appropriate United States district court
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1 shall have jurisdiction, without regard to the

2 amount in controversy or the citizenship of the

3 parties, to enforce such order.

4 ‘‘(B) ATTORNEY FEES.—The court, in

5 issuing any final order under this paragraph,

6 may award costs of litigation (including reason7 able attorney and expert witness fees) to any

8 party whenever the court determines such award

9 is appropriate.

10 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im11 posed by this section shall be enforceable in a mandamus

12 proceeding brought under section 1361 of title 28.

13 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA14 TIONS.—Subsection (a) shall not apply with respect to an

15 employee of an air carrier, contractor, or subcontractor

16 who, acting without direction from such air carrier, con17 tractor, or subcontractor (or such person’s agent), delib18 erately causes a violation of any requirement relating to

19 air carrier safety under this subtitle or any other law of

20 the United States.

21 ‘‘(e) CONTRACTOR DEFINED.—In this section, the term

22 ‘contractor’ means a company that performs safety-sensitive

23 functions by contract for an air carrier.’’.

24 (b) CONFORMING AMENDMENT.—The analysis for

25 chapter 421 is amended by adding at the end the following:
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‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

‘‘42121. Protection of employees providing air safety information.’’.

1 SEC. 602. CIVIL PENALTY.

2 Section 46301(a)(1)(A) is amended by striking ‘‘sub3 chapter II of chapter 421’’ and inserting ‘‘subchapter II or

4 III of chapter 421’’.

5 TITLE VII—MISCELLANEOUS

6 PROVISIONS

7 SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

8 Section 106(g)(1)(A) is amended by striking

9 ‘‘40113(a), (c), and (d),’’ and all that follows through

10 ‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),

11 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (ex12 cept sections 44501(b), 44502(a)(2), 44502(a)(3),

13 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and

14 44515), chapter 447 (except sections 44717, 44718(a),

15 44718(b), 44719, 44720, 44721(b), 44722, and 44723),

16 chapter 449 (except sections 44903(d), 44904, 44905,

17 44907–44911, 44913, 44915, and 44931–44934), chapter

18 451, chapter 453, sections’’.

19 SEC. 702. PUBLIC AIRCRAFT.

20 (a) RESTATEMENT OF DEFINITION OF PUBLIC AIR21 CRAFT WITHOUT SUBSTANTIVE CHANGE.—Section

22 40102(a)(38) (as redesignated by section 301 of this Act)

23 is amended to read as follows:

24 ‘‘(38) ‘public aircraft’ means an aircraft—
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1 ‘‘(A) used only for the United States Gov2 ernment, and operated under the conditions spec3 ified by section 40125(b) if owned by the Govern4 ment;

5 ‘‘(B) owned by the United States Govern6 ment, operated by any person for purposes re7 lated to crew training, equipment development,

8 or demonstration, and operated under the condi9 tions specified by section 40125(b);

10 ‘‘(C) owned and operated by the government

11 of a State, the District of Columbia, a territory

12 or possession of the United States, or a political

13 subdivision of one of these governments, under

14 the conditions specified by section 40125(c); or

15 ‘‘(D) exclusively leased for at least 90 con16 tinuous days by the government of a State, the

17 District of Columbia, a territory or possession of

18 the United States, or a political subdivision of

19 one of these governments, under the conditions

20 specified by section 40125(c).’’.

21 (b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA22 TUS.—

23 (1) IN GENERAL.—Chapter 401 is amended by

24 adding at the end the following:
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1 ‘‘§ 40125. Qualifications for public aircraft status

2 ‘‘(a) DEFINITIONS.—In this section, the following defi3 nitions apply:

4 ‘‘(1) COMMERCIAL PURPOSES.—The term ‘com5 mercial purposes’ means the transportation of persons

6 or property for compensation or hire, but does not in7 clude the operation of an aircraft by one government

8 on behalf of another government under a cost reim9 bursement agreement if the government on whose be10 half the operation is conducted certifies to the Admin11 istrator of the Federal Aviation Administration that

12 the operation is necessary to respond to a significant

13 and imminent threat to life or property (including

14 natural resources) and that no service by a private

15 operator is reasonably available to meet the threat.

16 ‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘gov17 ernmental function’ means an activity undertaken by

18 a government, such as firefighting, search and rescue,

19 law enforcement, aeronautical research, or biological

20 or geological resource management.

21 ‘‘(3) QUALIFIED NON-CREWMEMBER.—The term

22 ‘qualified non-crewmember’ means an individual,

23 other than a member of the crew, aboard an

24 aircraft—
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1 ‘‘(A) operated by the armed forces or an in2 telligence agency of the United States Govern3 ment; or

4 ‘‘(B) whose presence is required to perform,

5 or is associated with the performance of, a gov6 ernmental function.

7 ‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—An

8 aircraft described in subparagraph (A) or (B) of section

9 40102(a)(38), if owned by the Government, qualifies as a

10 public aircraft except when it is used for commercial pur11 poses or to carry an individual other than a crewmember

12 or a qualified non-crewmember.

13 ‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOVERN14 MENTS.—An aircraft described in subparagraph (C) or (D)

15 of section 40102(a)(38) qualifies as a public aircraft except

16 when it is used for commercial purposes or to carry an in17 dividual other than a crewmember or a qualified non-crew18 member.’’.

19 (2) CONFORMING AMENDMENT.—The analysis for

20 chapter 401 is amended by adding at the end the fol21 lowing:

‘‘40125. Qualifications for public aircraft status.’’.

22 SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PRO23 POSALS.

24 Section 40110 is amended by adding at the end the

25 following:
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1 ‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO2 POSALS.—

3 ‘‘(1) GENERAL RULE.—Except as provided in

4 paragraph (2), a proposal in the possession or control

5 of the Administrator may not be made available to

6 any person under section 552 of title 5.

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

8 apply to any portion of a proposal of an offeror the

9 disclosure of which is authorized by the Administrator

10 pursuant to procedures published in the Federal Reg11 ister. The Administrator shall provide an opportunity

12 for public comment on the procedures for a period of

13 not less than 30 days beginning on the date of such

14 publication in order to receive and consider the views

15 of all interested parties on the procedures. The proce16 dures shall not take effect before the 60th day fol17 lowing the date of such publication.

18 ‘‘(3) PROPOSAL DEFINED.—In this subsection,

19 the term ‘proposal’ means information contained in

20 or originating from any proposal, including a tech21 nical, management, or cost proposal, submitted by an

22 offeror in response to the requirements of a solicita23 tion for a competitive proposal.’’.

24 SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.

25 Section 40111 is amended—
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1 (1) by redesignating subsections (b) through (d)

2 as subsections (c) through (e), respectively; and

3 (2) by inserting after subsection (a) the fol4 lowing:

5 ‘‘(b) TELECOMMUNICATIONS SERVICES.—Notwith6 standing section 1341(a)(1)(B) of title 31, the Adminis7 trator may make a contract of not more than 10 years for

8 telecommunication services that are provided through the

9 use of a satellite if the Administrator finds that the longer

10 contract period would be cost beneficial.’’.

11 SEC. 705. FEDERAL AVIATION ADMINISTRATION PER12 SONNEL MANAGEMENT SYSTEM.

13 (a) MEDIATION.—Section 40122(a)(2) is amended by

14 adding at the end the following: ‘‘The 60-day period shall

15 not include any period during which Congress has ad16 journed sine die.’’.

17 (b) RIGHT TO CONTEST ADVERSE PERSONNEL AC18 TIONS.—Section 40122 is amended by adding at the end

19 the following:

20 ‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC21 TIONS.—An employee of the Federal Aviation Administra22 tion who is the subject of a major adverse personnel action

23 may contest the action either through any contractual griev24 ance procedure that is applicable to the employee as a mem25 ber of the collective bargaining unit or through the Admin-
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1 istration’s internal process relating to review of major ad2 verse personnel actions of the Administration, known as

3 Guaranteed Fair Treatment or under section 347(c) of the

4 Department of Transportation and Related Agencies Ap5 propriations Act, 1996.

6 ‘‘(h) ELECTION OF FORUM.—Where a major adverse

7 personnel action may be contested through more than one

8 of the indicated forums (such as the contractual grievance

9 procedure, the Federal Aviation Administration’s internal

10 process, or that of the Merit Systems Protection Board), an

11 employee must elect the forum through which the matter

12 will be contested. Nothing in this section is intended to

13 allow an employee to contest an action through more than

14 one forum unless otherwise allowed by law.

15 ‘‘(i) DEFINITION.—For purposes of this section, the

16 term ‘major adverse personnel action’ means a suspension

17 of more than 14 days, a reduction in pay or grade, a re18 moval for conduct or performance, a nondisciplinary re19 moval, a furlough of 30 days or less (but not including

20 placement in a nonpay status as the result of a lapse of

21 appropriations or an enactment by Congress), or a reduc22 tion in force action.’’.

23 (c) APPLICABILITY OF MERIT SYSTEMS PROTECTION

24 BOARD PROVISIONS.—Section 347(b) of the Department of
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1 Transportation and Related Agencies Appropriations Act,

2 1996 (109 Stat. 460) is amended—

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

4 (6);

5 (2) by striking the period at the end of para6 graph (7) and inserting ‘‘; and’’; and

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

8 ‘‘(8) sections 1204, 1211–1218, 1221, and 7701–

9 7703, relating to the Merit Systems Protection

10 Board.’’.

11 (d) APPEALS TO MERIT SYSTEMS PROTECTION

12 BOARD.—Section 347(c) of the Department of Transpor13 tation and Related Agencies Appropriations Act, 1996 is

14 amended to read as follows:

15 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

16 BOARD.—Under the new personnel management system de17 veloped and implemented under subsection (a), an employee

18 of the Federal Aviation Administration may submit an ap19 peal to the Merit Systems Protection Board and may seek

20 judicial review of any resulting final orders or decisions

21 of the Board from any action that was appealable to the

22 Board under any law, rule, or regulation as of March 31,

23 1996.’’.
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1 SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.

2 (a) DISCRIMINATORY PRACTICES.—Section 41310(a)

3 is amended to read as follows:

4 ‘‘(a) PROHIBITIONS.—

5 ‘‘(1) IN GENERAL.—An air carrier or foreign air

6 carrier may not subject a person, place, port, or type

7 of traffic in foreign air transportation to unreason8 able discrimination.

9 ‘‘(2) DISCRIMINATION AGAINST PERSONS.—An

10 air carrier or foreign air carrier may not subject a

11 person in foreign air transportation to discrimina12 tion on the basis of race, color, national origin, reli13 gion, or sex.’’.

14 (b) INTERSTATE AIR TRANSPORTATION.—Section

15 41702 is amended—

16 (1) by striking ‘‘An air carrier’’ and inserting

17 ‘‘(a) SAFE AND ADEQUATE AIR TRANSPORTATION.—

18 An air carrier’’; and

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

20 ‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air

21 carrier may not subject a person in interstate air transpor22 tation to discrimination on the basis of race, color, national

23 origin, religion, or sex.’’.

24 (c) DISCRIMINATION AGAINST HANDICAPPED INDIVID25 UALS.—Section 41705 is amended by inserting ‘‘or foreign

26 air carrier’’ after ‘‘air carrier’’.
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1 (d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBITION

2 ON DISCRIMINATION AGAINST THE HANDICAPPED.—Sec3 tion 46301(a)(3) is further amended by adding at the end

4 the following:

5 ‘‘(D) a violation of section 41705, relating to

6 discrimination against handicapped individuals.’’.

7 (e) INTERNATIONAL AVIATION STANDARDS FOR AC8 COMMODATING THE HANDICAPPED.—The Secretary of

9 Transportation shall work with appropriate international

10 organizations and the aviation authorities of other nations

11 to bring about the establishment of higher standards, if ap12 propriate, for accommodating handicapped passengers in

13 air transportation, particularly with respect to foreign air

14 carriers that code share with domestic air carriers.

15 SEC. 707. JOINT VENTURE AGREEMENT.

16 Section 41716(a)(1) is amended by striking ‘‘an agree17 ment entered into by a major air carrier’’ and inserting

18 ‘‘an agreement entered into between 2 or more major air

19 carriers’’.

20 SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.

21 Section 44310 is amended by striking ‘‘after’’ and all

22 that follows and inserting ‘‘after December 31, 2004.’’.
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1 SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHOR2 ITY.

3 Section 44502(a) is further amended by adding at the

4 end the following:

5 ‘‘(6) IMPROVEMENTS ON LEASED PROPERTIES.—

6 The Administrator may make improvements to real

7 property leased for no or nominal consideration for

8 an air navigation facility, regardless of whether the

9 cost of making the improvements exceeds the cost of

10 leasing the real property, if—

11 ‘‘(A) the improvements primarily benefit

12 the Government;

13 ‘‘(B) the improvements are essential for ac14 complishment of the mission of the Federal Avia15 tion Administration; and

16 ‘‘(C) the interest of the Government in the

17 improvements is protected.’’.

18 SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

19 CHICAGO CONVENTION.

20 Section 44701 is amended by—

21 (1) redesignating subsection (e) as subsection (f);

22 and

23 (2) by inserting after subsection (d) the fol24 lowing:

25 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT

26 RESPONSIBILITIES.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding the provi2 sions of this chapter, the Administrator, pursuant to

3 Article 83 bis of the Convention on International

4 Civil Aviation and by a bilateral agreement with the

5 aeronautical authorities of another country, may ex6 change with that country all or part of their respec7 tive functions and duties with respect to registered

8 aircraft under the following articles of the Conven9 tion: Article 12 (Rules of the Air); Article 31 (Certifi10 cates of Airworthiness); or Article 32a (Licenses of

11 Personnel).

12 ‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF RE13 SPONSIBILITY.—The Administrator relinquishes re14 sponsibility with respect to the functions and duties

15 transferred by the Administrator as specified in the

16 bilateral agreement, under the Articles listed in para17 graph (1) for United States-registered aircraft de18 scribed in paragraph (4)(A) transferred abroad and

19 accepts responsibility with respect to the functions

20 and duties under those Articles for aircraft registered

21 abroad and described in paragraph (4)(B) that are

22 transferred to the United States.

23 ‘‘(3) CONDITIONS.—The Administrator may

24 predicate, in the agreement, the transfer of functions

25 and duties under this subsection on any conditions
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1 the Administrator deems necessary and prudent, ex2 cept that the Administrator may not transfer respon3 sibilities for United States registered aircraft de4 scribed in paragraph (4)(A) to a country that the Ad5 ministrator determines is not in compliance with its

6 obligations under international law for the safety

7 oversight of civil aviation.

8 ‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this

9 subsection, the term ‘registered aircraft’ means—

10 ‘‘(A) aircraft registered in the United States

11 and operated pursuant to an agreement for the

12 lease, charter, or interchange of the aircraft or

13 any similar arrangement by an operator that

14 has its principal place of business or, if it has

15 no such place of business, its permanent resi16 dence in another country; or

17 ‘‘(B) aircraft registered in a foreign country

18 and operated under an agreement for the lease,

19 charter, or interchange of the aircraft or any

20 similar arrangement by an operator that has its

21 principal place of business or, if it has no such

22 place of business, its permanent residence in the

23 United States.’’.

24 SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

25 Section 44703 is amended—
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1 (1) by redesignating subsections (c) through (f)

2 as subsections (d) through (g), respectively; and

3 (2) by inserting after subsection (b) the fol4 lowing:

5 ‘‘(c) PUBLIC INFORMATION.—

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

7 and notwithstanding any other provision of law, the

8 information contained in the records of contents of

9 any airman certificate issued under this section that

10 is limited to an airman’s name, address, date of

11 birth, and ratings held shall be made available to the

12 public after the 120th day following the date of enact13 ment of the Aviation Investment and Reform Act for

14 the 21st Century.

15 ‘‘(2) OPPORTUNITY TO WITHHOLD INFORMA16 TION.—Before making any information concerning an

17 airman available to the public under paragraph (1),

18 the airman shall be given an opportunity to elect that

19 the information not be made available to the public.

20 ‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF

21 PROGRAM.—Not later than 60 days after the date of

22 enactment of the Aviation Investment and Reform Act

23 for the 21st Century, the Administrator shall develop

24 and implement, in cooperation with representatives of

25 the aviation industry, a one-time written notification
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1 to airmen to set forth the implications of making in2 formation concerning an airman available to the pub3 lic under paragraph (1) and to carry out paragraph

4 (2).’’.

5 SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CER6 TIFICATES.

7 Section 44709(e) is amended to read as follows:

8 ‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), if a person files an appeal with the Board

11 under section (d), the order of the Administrator is

12 stayed.

13 ‘‘(2) EMERGENCIES.—If the Administrator ad14 vises the Board that an emergency exists and safety

15 in air commerce or air transportation requires the

16 order to be effective immediately, the order is effective,

17 except that a person filing an appeal under subsection

18 (d) may file a written petition to the Board for an

19 emergency stay on the issues of the appeal that are

20 related to the existence of the emergency. The Board

21 shall have 10 days to review the materials. If any 2

22 members of the Board determine that sufficient

23 grounds exist to grant a stay, an emergency stay shall

24 be granted. If an emergency stay is granted, the

25 Board must meet within 15 days of the granting of
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1 the stay to make a final disposition of the issues re2 lated to the existence of the emergency.

3 ‘‘(3) FINAL DISPOSITION OF APPEAL.—In all

4 cases, the Board shall make a final disposition of the

5 merits of the appeal not later than 60 days after the

6 Administrator advises the Board of the order.’’.

7 SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.

8 Section 44903 is amended by adding at the end the

9 following:

10 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The

11 Administrator may establish at individual airports such

12 consortia of government and aviation industry representa13 tives as the Administrator may designate to provide advice

14 on matters related to aviation security and safety. Such

15 consortia shall not be considered Federal advisory commit16 tees.’’.

17 SEC. 714. PASSENGER MANIFEST.

18 Section 44909(a)(2) is amended by striking ‘‘shall’’

19 and inserting ‘‘should’’.

20 SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERV21 ICES.

22 Section 45301 is amended—

23 (1) by striking subsection (a)(2) and inserting

24 the following:
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1 ‘‘(2) Services (other than air traffic control serv2 ices) provided to a foreign government or to any enti3 ty obtaining services outside the United States, except

4 that the Administrator shall not impose fees in any

5 manner for production-certification related service

6 performed outside the United States pertaining to

7 aeronautical products manufactured outside the

8 United States.’’; and

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

10 ‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE

11 DEFINED.—In this section, the term ‘production-certifi12 cation related service’ has the meaning given that term in

13 appendix C of part 187 of title 14, Code of Federal Regula14 tions.’’.

15 SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY

16 PROVISIONS.

17 Section 46301 is amended—

18 (1) in subsection (a)(1)(A) by striking ‘‘46302,

19 46303, or’’;

20 (2) in subsection (d)(7)(A) by striking ‘‘an indi21 vidual’’ the first place it appears and inserting ‘‘a

22 person’’; and

23 (3) in subsection (g) by inserting ‘‘or the Admin24 istrator’’ after ‘‘Secretary’’.
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1 SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY

2 ACT.

3 (a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH

4 STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amended

5 in the first sentence by inserting ‘‘or foreign air carrier’’

6 after ‘‘air carrier’’.

7 (b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DIS8 POSAL.—Section 47528 is amended—

9 (1) in subsection (a) by inserting ‘‘or (f)’’ after

10 ‘‘(b)’’; and

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

12 ‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After

13 December 31, 1999, the Secretary may provide a procedure

14 under which a person may operate a stage 1 or stage 2

15 aircraft in nonrevenue service to or from an airport in the

16 United States in order to—

17 ‘‘(1) sell the aircraft outside the United States;

18 ‘‘(2) sell the aircraft for scrapping; or

19 ‘‘(3) obtain modifications to the aircraft to meet

20 stage 3 noise levels.’’.

21 (c) LIMITED OPERATION OF CERTAIN AIRCRAFT.—

22 Section 47528(e) is amended by adding at the end the fol23 lowing:

24 ‘‘(4) An air carrier operating stage 2 aircraft under

25 this subsection may operate stage 2 aircraft to or from the

26 48 contiguous States on a nonrevenue basis in order to—
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1 ‘‘(A) perform maintenance (including major al2 terations) or preventative maintenance on aircraft

3 operated, or to be operated, within the limitations of

4 paragraph (2)(B); or

5 ‘‘(B) conduct operations within the limitations

6 of paragraph (2)(B).’’.

7 SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHOR8 ITY.

9 (a) EXTENSION OF APPLICATION APPROVALS.—Sec10 tion 49108 is amended by striking ‘‘2001’’ and inserting

11 ‘‘2004’’.

12 (b) ELIMINATION OF DEADLINE FOR APPOINTMENT OF

13 MEMBERS TO BOARD OF DIRECTORS.—Section 49106(c)(6)

14 is amended by striking subparagraph (C) and by redesig15 nating subparagraph (D) as subparagraph (C).

16 SEC. 719. ACQUISITION MANAGEMENT SYSTEM.

17 Section 348 of the Department of Transportation and

18 Related Agencies Appropriations Act, 1996 (49 U.S.C. 106

19 note; 109 Stat. 460) is amended by striking subsection (c)

20 and inserting the following:

21 ‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT

22 FISCAL YEAR.—Notwithstanding subsection (b)(3), the Ad23 ministrator may enter into contracts for procurement of

24 severable services that begin in one fiscal year and end in

25 another if (without regard to any option to extend the pe-
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1 riod of the contract) the contract period does not exceed 1

2 year.’’.

3 SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.

4 (a) MEMBERSHIP.—

5 (1) APPOINTMENT.—Section 4(a)(5) of the Cen6 tennial of Flight Commemoration Act (36 U.S.C. 143

7 note; 112 Stat. 3487) is amended by inserting ‘‘, or

8 his designee,’’ after ‘‘prominence’’.

9 (2) STATUS.—Section 4 of such Act (112 Stat.

10 3487) is amended by adding at the end the following:

11 ‘‘(g) STATUS.—The members of the Commission de12 scribed in paragraphs (1), (3), (4), and (5) of subsection

13 (a) shall not be considered to be officers or employees of

14 the United States.’’.

15 (b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.

16 3488) is amended to read as follows:

17 ‘‘(7) as a nonprimary purpose, publish popular

18 and scholarly works related to the history of aviation

19 or the anniversary of the centennial of powered

20 flight.’’.

21 (c) CONFLICTS OF INTEREST.—Section 6 of such Act

22 (112 Stat. 3488–3489) is amended by adding at the end

23 the following:

24 ‘‘(e) CONFLICTS OF INTEREST.—At its second business

25 meeting, the Commission shall adopt a policy to protect
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1 against possible conflicts of interest involving its members

2 and employees. The Commission shall consult with the Of3 fice of Government Ethics in the development of such a pol4 icy and shall recognize the status accorded its members

5 under section 4(g).’’.

6 (d) EXECUTIVE DIRECTOR.—The first sentence of sec7 tion 7(a) of such Act (112 Stat. 3489) is amended by strik8 ing the period at the end and inserting the following: ‘‘or

9 represented on the First Flight Centennial Advisory Board

10 under subparagraphs (A) through (E) of section 12(b)(1).’’.

11 (e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

12 SEALS, AND MARKS.—

13 (1) USE OF FUNDS.—Section 9(d) of such Act

14 (112 Stat. 3490) is amended by striking the period at

15 the end and inserting the following: ‘‘, except that the

16 Commission may transfer any portion of such funds

17 that is in excess of the funds necessary to carry out

18 such duties to any Federal agency or the National

19 Air and Space Museum of the Smithsonian Institu20 tion to be used for the sole purpose of commemorating

21 the history of aviation or the centennial of powered

22 flight.’’.

23 (2) DUTIES TO BE CARRIED OUT BY ADMINIS24 TRATOR OF NASA.—Section 9 of such Act (112 Stat.

25 3490) is amended by adding at the end the following:
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1 ‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINISTRATOR

2 OF NASA.—The duties of the Commission under this sec3 tion shall be carried out by the Administrator of the Na4 tional Aeronautics and Space Administration, in consulta5 tion with the Commission.’’.

6 SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.

7 (a) IN GENERAL.—A memorandum of agreement be8 tween the Administrator and any person that directly ob9 tains aircraft situational display data from the Federal

10 Aviation Administration shall require that—

11 (1) the person demonstrate to the satisfaction of

12 the Administrator that such person is capable of selec13 tively blocking the display of any aircraft-situation14 display-to-industry derived data related to any iden15 tified aircraft registration number; and

16 (2) the person agree to block selectively the air17 craft registration numbers of any aircraft owner or

18 operator upon the Administration’s request.

19 (b) EXISTING MEMORANDA TO BE CONFORMED.—The

20 Administrator shall conform any memoranda of agreement,

21 in effect on the date of enactment of this Act, between the

22 Administration and a person under which that person ob23 tains aircraft situational display data to incorporate the

24 requirements of subsection (a) within 30 days after that

25 date.
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1 SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOY2 MENT OPPORTUNITY COMPLAINTS.

3 (a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal

4 year 2000, the Secretary of Transportation may hire or

5 contract for such additional personnel as may be necessary

6 to eliminate the backlog of pending equal employment op7 portunity complaints to the Department of Transportation

8 and to ensure that investigations of complaints are com9 pleted not later than 180 days after the date of initiation

10 of the investigation.

11 (b) FUNDING.—Of the amounts appropriated pursuant

12 to section 106(k) of title 49, United States Code, for fiscal

13 year 2000, $2,000,000 may be used to carry out this section.

14 SEC. 723. NEWPORT NEWS, VIRGINIA.

15 (a) AUTHORITY TO GRANT WAIVERS.—Notwith16 standing section 16 of the Federal Airport Act (as in effect

17 on May 14, 1947) or section 47125 of title 49, United States

18 Code, the Secretary shall, subject to section 47153 of such

19 title (as in effect on June 1, 1998), and subsection (b) of

20 this section, waive with respect to airport property parcels

21 that, according to the Federal Aviation Administration ap22 proved airport layout plan for Newport News/Williamsburg

23 International Airport, are no longer required for airport

24 purposes from any term contained in the deed of conveyance

25 dated May 14, 1947, under which the United States con-
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1 veyed such property to the Peninsula Airport Commission

2 for airport purposes of the Commission.

3 (b) CONDITIONS.—Any waiver granted by the Sec4 retary under subsection (a) shall be subject to the following

5 conditions:

6 (1) The Peninsula Airport Commission shall

7 agree that, in leasing or conveying any interest in the

8 property with respect to which waivers are granted

9 under subsection (a), the Commission will receive an

10 amount that is equal to the fair lease value or the fair

11 market value, as the case may be (as determined pur12 suant to regulations issued by the Secretary).

13 (2) Peninsula Airport Commission shall use any

14 amount so received only for the development, improve15 ment, operation, or maintenance of Newport News/

16 Williamsburg International Airport.

17 SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALI18 FORNIA.

19 The City of Los Angeles Department of Airports may

20 grant an easement to the California Department of Trans21 portation to lands required to provide sufficient right-of22 way to facilitate the construction of the California State

23 Route 138 bypass, as proposed by the California Depart24 ment of Transportation.
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1 SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.

2 (a) IN GENERAL.—Beginning on the date of enactment

3 of this Act, flight operations conducted by Alaska guide pi4 lots shall be regulated under the general operating and

5 flight rules contained in part 91 of title 14, Code of Regula6 tions.

7 (b) RULEMAKING PROCEEDING.—

8 (1) IN GENERAL.—The Administrator shall con9 duct a rulemaking proceeding and issue a final rule

10 to modify the general operating and flight rules re11 ferred to in subsection (a) by establishing special

12 rules applicable to the flight operations conducted by

13 Alaska guide pilots.

14 (2) CONTENTS OF RULES.—A final rule issued

15 by the Administrator under paragraph (1) shall re16 quire Alaska guide pilots—

17 (A) to operate aircraft inspected no less

18 often than after 125 hours of flight time;

19 (B) to participate in an annual flight re20 view, as described in section 61.56 of title 14,

21 Code of Federal Regulations;

22 (C) to have at least 500 hours of flight time

23 as a pilot;

24 (D) to have a commercial rating, as de25 scribed subpart F of part 61 of such title;
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1 (E) to hold at least a second-class medical

2 certificate, as described in subpart C of part 67

3 of such title;

4 (F) to hold a current letter of authorization

5 issued by the Administrator; and

6 (G) to take such other actions as the Ad7 ministrator determines necessary for safety.

8 (c) DEFINITIONS.—In this section, the following defi9 nitions apply:

10 (1) LETTER OF AUTHORIZATION.—The term ‘‘let11 ter of authorization’’ means a letter issued by the Ad12 ministrator once every 5 years to an Alaska guide

13 pilot certifying that the pilot is in compliance with

14 general operating and flight rules applicable to the

15 pilot. In the case of a multi-pilot operation, at the

16 election of the operating entity, a letter of authoriza17 tion may be issued by the Administrator to the entity

18 or to each Alaska guide pilot employed by the entity.

19 (2) ALASKA GUIDE PILOT.—The term ‘‘Alaska

20 guide pilot’’ means a pilot who—

21 (A) conducts aircraft operations over or

22 within the State of Alaska;

23 (B) operates single engine, fixed wing air24 craft on floats, wheels, or skis, providing com25 mercial hunting, fishing, or other guide services
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1 and related accommodations in the form of

2 camps or lodges; and

3 (C) transports clients by such aircraft inci4 dental to hunting, fishing, or other guide serv5 ices, or uses air transport to enable guided cli6 ents to reach hunting or fishing locations.

7 SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY

8 PANEL.

9 (a) ESTABLISHMENT OF PANEL.—The Secretary of

10 Transportation—

11 (1) shall establish an Aircraft Repair and Main12 tenance Advisory Panel to review issues related to the

13 use and oversight of aircraft and aviation component

14 repair and maintenance facilities (in this section re15 ferred to as ‘‘aircraft repair facilities’’) located with16 in, or outside of, the United States; and

17 (2) may seek the advice of the panel on any issue

18 related to methods to increase safety by improving the

19 oversight of aircraft repair facilities.

20 (b) MEMBERSHIP.—The panel shall consist of—

21 (1) 9 members appointed by the Secretary as fol22 lows:

23 (A) 3 representatives of labor organizations

24 representing aviation mechanics;

25 (B) 1 representative of cargo air carriers;
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1 (C) 1 representative of passenger air car2 riers;

3 (D) 1 representative of aircraft repair fa4 cilities;

5 (E) 1 representative of aircraft manufactur6 ers;

7 (F) 1 representative of on-demand passenger

8 air carriers and corporate aircraft operations;

9 and

10 (G) 1 representative of regional passenger

11 air carriers;

12 (2) 1 representative from the Department of

13 Commerce, designated by the Secretary of Commerce;

14 (3) 1 representative from the Department of

15 State, designated by the Secretary of State; and

16 (4) 1 representative from the Federal Aviation

17 Administration, designated by the Administrator.

18 (c) RESPONSIBILITIES.—The panel shall—

19 (1) determine the amount and type of work that

20 is being performed by aircraft repair facilities located

21 within, and outside of, the United States; and

22 (2) provide advice and counsel to the Secretary

23 with respect to the aircraft and aviation component

24 repair work performed by aircraft repair facilities
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1 and air carriers, staffing needs, and any balance of

2 trade or safety issues associated with that work.

3 (d) DOT TO REQUEST INFORMATION FROM AIR CAR4 RIERS AND REPAIR FACILITIES.—

5 (1) COLLECTION OF INFORMATION.—The Sec6 retary, by regulation, shall require air carriers, for7 eign air carriers, domestic repair facilities, and for8 eign repair facilities to submit such information as

9 the Secretary may require in order to assess balance

10 of trade and safety issues with respect to work per11 formed on aircraft used by air carriers, foreign air

12 carriers, United States corporate operators, and for13 eign corporate operators.

14 (2) DRUG AND ALCOHOL TESTING INFORMA15 TION.—Included in the information the Secretary re16 quires under paragraph (1) shall be information on

17 the existence and administration of employee drug

18 and alcohol testing programs in place at the foreign

19 repair facilities, if applicable. The Secretary, if nec20 essary, shall work with the International Civil Avia21 tion Organization to increase the number and im22 prove the administration of employee drug and alco23 hol testing programs at the foreign repair facilities.

24 (3) DESCRIPTION OF WORK DONE.—Included in

25 the information the Secretary requires under para-
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1 graph (1) shall be information on the amount and

2 type of work performed on aircraft registered in and

3 outside of the United States.

4 (e) DOT TO FACILITATE COLLECTION OF INFORMA5 TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary

6 shall facilitate the collection of information from the Na7 tional Transportation Safety Board, the Federal Aviation

8 Administration, and other appropriate agencies regarding

9 maintenance performed by aircraft repair facilities.

10 (f) DOT TO MAKE INFORMATION AVAILABLE TO PUB11 LIC.—The Secretary shall make any relevant information

12 received under subsection (c) available to the public, con13 sistent with the authority to withhold trade secrets or com14 mercial, financial, and other proprietary information

15 under section 552 of title 5, United States Code.

16 (g) TERMINATION.—The panel established under sub17 section (a) shall terminate on the earlier of—

18 (1) the date that is 2 years after the date of en19 actment of this Act; or

20 (2) December 31, 2001.

21 (h) DEFINITIONS.—The definitions contained in sec22 tion 40102 of title 49, United States Code, shall apply to

23 this section.
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1 SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.

2 (a) STUDY.—The Administrator, in consultation with

3 the National Transportation Safety Board and other inter4 ested persons, shall conduct a study of air taxi operators

5 regulated under part 135 of title 14, Code of Federal Regu6 lations.

7 (b) CONTENTS.—The study shall include an analysis

8 of the size and type of the aircraft fleet, relevant aircraft

9 equipment, hours flown, utilization rates, safety record by

10 various categories of use and aircraft type, sales revenues,

11 and airports served by the air taxi fleet.

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

13 enactment of this Act, the Administrator shall transmit to

14 Congress a report on the results of the study.

15 SEC. 728. SENSE OF CONGRESS CONCERNING COMPLETION

16 OF COMPREHENSIVE NATIONAL AIRSPACE

17 REDESIGN.

18 It is the sense of Congress that, as soon as is prac19 ticable, the Administrator should complete and begin imple20 mentation of the comprehensive national airspace redesign

21 that is being conducted by the Administrator.

22 SEC. 729. COMPLIANCE WITH REQUIREMENTS.

23 Notwithstanding any other provision of law, in order

24 to avoid unnecessary duplication of expense and effort, the

25 Secretary of Transportation may authorize the use, in

26 whole or in part, of a completed environmental assessment
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1 or environmental impact study for new construction

2 projects on the air operations area of an airport, if the com3 pleted assessment or study was for a project at the airport

4 that is substantially similar in nature to the new project.

5 Any such authorized use shall meet all requirements of Fed6 eral law for the completion of such an assessment or study.

7 SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.

8 (a) DEVELOPMENT OF NEW STANDARDS.—The Sec9 retary of Transportation shall continue to work to develop

10 a new standard for aircraft and aircraft engines that will

11 lead to a further reduction in aircraft noise levels.

12 (b) REPORT.—Not later than March 1, 2000, and an13 nually thereafter, the Secretary shall transmit to Congress

14 a report regarding the application of new standards or tech15 nologies to reduce aircraft noise levels.

16 SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PRO17 POSALS.

18 The Administrator is encouraged to consider any pro19 posal with a regional consensus submitted by a State avia20 tion authority regarding the expansion of existing airport

21 facilities or the introduction of new airport facilities.
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1 TITLE VIII—NATIONAL PARKS

2 AIR TOUR MANAGEMENT

3 SEC. 801. SHORT TITLE.

4 This title may be cited as the ‘‘National Parks Air

5 Tour Management Act of 1999’’.

6 SEC. 802. FINDINGS.

7 Congress finds that—

8 (1) the Federal Aviation Administration has sole

9 authority to control airspace over the United States;

10 (2) the Federal Aviation Administration has the

11 authority to preserve, protect, and enhance the envi12 ronment by minimizing, mitigating, or preventing

13 the adverse effects of aircraft overflights of public and

14 tribal lands;

15 (3) the National Park Service has the responsi16 bility of conserving the scenery and natural and his17 toric objects and wildlife in national parks and of

18 providing for the enjoyment of the national parks in

19 ways that leave the national parks unimpaired for fu20 ture generations;

21 (4) the protection of tribal lands from aircraft

22 overflights is consistent with protecting the public

23 health and welfare and is essential to the mainte24 nance of the natural and cultural resources of Indian

25 tribes;
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1 (5) the National Parks Overflights Working

2 Group, composed of general aviation, commercial air

3 tour, environmental, and Native American represent4 atives, recommended that the Congress enact legisla5 tion based on the Group’s consensus work product;

6 and

7 (6) this title reflects the recommendations made

8 by that Group.

9 SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

10 PARKS.

11 (a) IN GENERAL.—Chapter 401 is further amended by

12 adding at the end the following:

13 ‘‘§ 40126. Overflights of national parks

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

16 air tour operator may not conduct commercial air

17 tour operations over a national park (including tribal

18 lands) except—

19 ‘‘(A) in accordance with this section;

20 ‘‘(B) in accordance with conditions and

21 limitations prescribed for that operator by the

22 Administrator; and

23 ‘‘(C) in accordance with any applicable air

24 tour management plan for the park.
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1 ‘‘(2) APPLICATION FOR OPERATING AUTHOR2 ITY.—

3 ‘‘(A) APPLICATION REQUIRED.—Before com4 mencing commercial air tour operations over a

5 national park (including tribal lands), a com6 mercial air tour operator shall apply to the Ad7 ministrator for authority to conduct the oper8 ations over the park.

9 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

10 CAPACITY PARKS.—Whenever an air tour man11 agement plan limits the number of commercial

12 air tour operations over a national park during

13 a specified time frame, the Administrator, in co14 operation with the Director, shall issue operation

15 specifications to commercial air tour operators

16 that conduct such operations. The operation

17 specifications shall include such terms and con18 ditions as the Administrator and the Director

19 find necessary for management of commercial

20 air tour operations over the park. The Adminis21 trator, in cooperation with the Director, shall de22 velop an open competitive process for evaluating

23 proposals from persons interested in providing

24 commercial air tour operations over the park. In

25 making a selection from among various pro-
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1 posals submitted, the Administrator, in coopera2 tion with the Director, shall consider relevant

3 factors, including—

4 ‘‘(i) the safety record of the person sub5 mitting the proposal or pilots employed by

6 the person;

7 ‘‘(ii) any quiet aircraft technology pro8 posed to be used by the person submitting

9 the proposal;

10 ‘‘(iii) the experience of the person sub11 mitting the proposal with commercial air

12 tour operations over other national parks or

13 scenic areas;

14 ‘‘(iv) the financial capability of the

15 company;

16 ‘‘(v) any training programs for pilots

17 provided by the person submitting the pro18 posal; and

19 ‘‘(vi) responsiveness of the person sub20 mitting the proposal to any relevant cri21 teria developed by the National Park Serv22 ice for the affected park.

23 ‘‘(C) NUMBER OF OPERATIONS AUTHOR24 IZED.—In determining the number of authoriza25 tions to issue to provide commercial air tour op-
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1 erations over a national park, the Adminis2 trator, in cooperation with the Director, shall

3 take into consideration the provisions of the air

4 tour management plan, the number of existing

5 commercial air tour operators and current level

6 of service and equipment provided by any such

7 operators, and the financial viability of each

8 commercial air tour operation.

9 ‘‘(D) COOPERATION WITH NPS.—Before

10 granting an application under this paragraph,

11 the Administrator, in cooperation with the Di12 rector, shall develop an air tour management

13 plan in accordance with subsection (b) and im14 plement such plan.

15 ‘‘(3) EXCEPTION.—

16 ‘‘(A) IN GENERAL.—If a commercial air

17 tour operator secures a letter of agreement from

18 the Administrator and the superintendent for the

19 national park that describes the conditions under

20 which the commercial air tour operation will be

21 conducted, then notwithstanding paragraph (1),

22 the commercial air tour operator may conduct

23 such operations over the national park under

24 part 91 of title 14, Code of Federal Regulations,
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1 if such activity is permitted under part 119 of

2 such title.

3 ‘‘(B) LIMIT ON EXCEPTIONS.—Not more

4 than 5 flights in any 30-day period over a single

5 national park may be conducted under this

6 paragraph.

7 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE8 MENTS.—Notwithstanding subsection (d), an existing

9 commercial air tour operator shall apply, not later

10 than 90 days after the date of enactment of this sec11 tion, for operating authority under part 119, 121, or

12 135 of title 14, Code of Federal Regulations. A new

13 entrant commercial air tour operator shall apply for

14 such authority before conducting commercial air tour

15 operations over a national park (including tribal

16 lands). The Administrator shall act on any such ap17 plication for a new entrant and issue a decision on

18 the application not later than 24 months after it is

19 received or amended.

20 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

21 ‘‘(1) ESTABLISHMENT.—

22 ‘‘(A) IN GENERAL.—The Administrator, in

23 cooperation with the Director, shall establish an

24 air tour management plan for any national

25 park (including tribal lands) for which such a
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1 plan is not in effect whenever a person applies

2 for authority to conduct a commercial air tour

3 operation over the park. The air tour manage4 ment plan shall be developed by means of a pub5 lic process in accordance with paragraph (4).

6 ‘‘(B) OBJECTIVE.—The objective of any air

7 tour management plan shall be to develop accept8 able and effective measures to mitigate or pre9 vent the significant adverse impacts, if any, of

10 commercial air tours upon the natural and cul11 tural resources, visitor experiences, and tribal

12 lands.

13 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es14 tablishing an air tour management plan under this

15 subsection, the Administrator and the Director shall

16 each sign the environmental decision document re17 quired by section 102 of the National Environmental

18 Policy Act of 1969 (42 U.S.C. 4332) (including a

19 finding of no significant impact, an environmental

20 assessment, and an environmental impact statement)

21 and the record of decision for the air tour manage22 ment plan.

23 ‘‘(3) CONTENTS.—An air tour management plan

24 for a national park—
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1 ‘‘(A) may limit or prohibit commercial air

2 tour operations;

3 ‘‘(B) may establish conditions for the con4 duct of commercial air tour operations, includ5 ing commercial air tour operation routes, max6 imum or minimum altitudes, time-of-day re7 strictions, restrictions for particular events, max8 imum number of flights per unit of time, intru9 sions on privacy on tribal lands, and mitigation

10 of adverse noise, visual, or other impacts;

11 ‘‘(C) may apply to all commercial air tour

12 operations;

13 ‘‘(D) shall include incentives (such as pre14 ferred commercial air tour operation routes and

15 altitudes and relief from flight caps and curfews)

16 for the adoption of quiet aircraft technology by

17 commercial air tour operators conducting com18 mercial air tour operations over the park;

19 ‘‘(E) shall provide a system for allocating

20 opportunities to conduct commercial air tours if

21 the air tour management plan includes a limita22 tion on the number of commercial air tour oper23 ations for any time period; and

24 ‘‘(F) shall justify and document the need for

25 measures taken pursuant to subparagraphs (A)
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1 through (E) and include such justifications in

2 the record of decision.

3 ‘‘(4) PROCEDURE.—In establishing an air tour

4 management plan for a national park (including

5 tribal lands), the Administrator and the Director

6 shall—

7 ‘‘(A) hold at least one public meeting with

8 interested parties to develop the air tour man9 agement plan;

10 ‘‘(B) publish the proposed plan in the Fed11 eral Register for notice and comment and make

12 copies of the proposed plan available to the pub13 lic;

14 ‘‘(C) comply with the regulations set forth

15 in sections 1501.3 and 1501.5 through 1501.8 of

16 title 40, Code of Federal Regulations (for pur17 poses of complying with the regulations, the Fed18 eral Aviation Administration shall be the lead

19 agency and the National Park Service is a co20 operating agency); and

21 ‘‘(D) solicit the participation of any Indian

22 tribe whose tribal lands are, or may be,

23 overflown by aircraft involved in a commercial

24 air tour operation over the park, as a cooper-
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1 ating agency under the regulations referred to in

2 subparagraph (C).

3 ‘‘(5) JUDICIAL REVIEW.—An air tour manage4 ment plan developed under this subsection shall be

5 subject to judicial review.

6 ‘‘(6) AMENDMENTS.—The Administrator, in co7 operation with the Director, may make amendments

8 to an air tour management plan. Any such amend9 ments shall be published in the Federal Register for

10 notice and comment. A request for amendment of an

11 air tour management plan shall be made in such

12 form and manner as the Administrator may pre13 scribe.

14 ‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR OP15 ERATION STATUS.—In making a determination of whether

16 a flight is a commercial air tour operation, the Adminis17 trator may consider—

18 ‘‘(1) whether there was a holding out to the pub19 lic of willingness to conduct a sightseeing flight for

20 compensation or hire;

21 ‘‘(2) whether a narrative that referred to areas or

22 points of interest on the surface below the route of the

23 flight was provided by the person offering the flight;

24 ‘‘(3) the area of operation;
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1 ‘‘(4) the frequency of flights conducted by the

2 person offering the flight;

3 ‘‘(5) the route of flight;

4 ‘‘(6) the inclusion of sightseeing flights as part of

5 any travel arrangement package offered by the person

6 offering the flight;

7 ‘‘(7) whether the flight would have been canceled

8 based on poor visibility of the surface below the route

9 of the flight; and

10 ‘‘(8) any other factors that the Administrator

11 considers appropriate.

12 ‘‘(d) INTERIM OPERATING AUTHORITY.—

13 ‘‘(1) IN GENERAL.—Upon application for oper14 ating authority, the Administrator shall grant in15 terim operating authority under this subsection to a

16 commercial air tour operator for commercial air tour

17 operations over a national park (including tribal

18 lands) for which the operator is an existing commer19 cial air tour operator.

20 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In21 terim operating authority granted under this

22 subsection—

23 ‘‘(A) shall provide annual authorization

24 only for the greater of—
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1 ‘‘(i) the number of flights used by the

2 operator to provide such tours within the

3 12-month period prior to the date of enact4 ment of this section; or

5 ‘‘(ii) the average number of flights per

6 12-month period used by the operator to

7 provide such tours within the 36-month pe8 riod prior to such date of enactment, and,

9 for seasonal operations, the number of

10 flights so used during the season or seasons

11 covered by that 12-month period;

12 ‘‘(B) may not provide for an increase in the

13 number of commercial air tour operations con14 ducted during any time period by the commer15 cial air tour operator above the number that the

16 air tour operator was originally granted unless

17 such an increase is agreed to by the Adminis18 trator and the Director;

19 ‘‘(C) shall be published in the Federal Reg20 ister to provide notice and opportunity for com21 ment;

22 ‘‘(D) may be revoked by the Administrator

23 for cause;
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1 ‘‘(E) shall terminate 180 days after the date

2 on which an air tour management plan is estab3 lished for the park or the tribal lands;

4 ‘‘(F) shall promote protection of national

5 park resources, visitor experiences, and tribal

6 lands;

7 ‘‘(G) shall promote safe operations of the

8 commercial air tour;

9 ‘‘(H) shall promote the adoption of quiet

10 technology, as appropriate; and

11 ‘‘(I) shall allow for modifications of the op12 eration based on experience if the modification

13 improves protection of national park resources

14 and values and of tribal lands.

15 ‘‘(e) EXEMPTIONS.—

16 ‘‘(1) IN GENERAL.—Except as provided by para17 graph (2), this section shall not apply to—

18 ‘‘(A) the Grand Canyon National Park;

19 ‘‘(B) tribal lands within or abutting the

20 Grand Canyon National Park; or

21 ‘‘(C) any unit of the National Park System

22 located in Alaska or any other land or water lo23 cated in Alaska.

24 ‘‘(2) EXCEPTION.—This section shall apply to

25 the Grand Canyon National Park if section 3 of Pub-
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1 lic Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat. 674–

2 678) is no longer in effect.

3 ‘‘(f) DEFINITIONS.—In this section, the following defi4 nitions apply:

5 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The

6 term ‘commercial air tour operator’ means any per7 son who conducts a commercial air tour operation.

8 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER9 ATOR.—The term ‘existing commercial air tour oper10 ator’ means a commercial air tour operator that was

11 actively engaged in the business of providing commer12 cial air tour operations over a national park at any

13 time during the 12-month period ending on the date

14 of enactment of this section.

15 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP16 ERATOR.—The term ‘new entrant commercial air tour

17 operator’ means a commercial air tour operator

18 that—

19 ‘‘(A) applies for operating authority as a

20 commercial air tour operator for a national

21 park; and

22 ‘‘(B) has not engaged in the business of pro23 viding commercial air tour operations over the

24 national park (including tribal lands) in the 12-

25 month period preceding the application.
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1 ‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The

2 term ‘commercial air tour operation’ means any

3 flight, conducted for compensation or hire in a pow4 ered aircraft where a purpose of the flight is sightseeing over a national park, within 1 5 ⁄2 mile outside

6 the boundary of any national park, or over tribal

7 lands, during which the aircraft flies—

8 ‘‘(A) below a minimum altitude, determined

9 by the Administrator in cooperation with the Di10 rector, above ground level (except solely for pur11 poses of takeoff or landing, or necessary for safe

12 operation of an aircraft as determined under the

13 rules and regulations of the Federal Aviation

14 Administration requiring the pilot-in-command

15 to take action to ensure the safe operation of the

16 aircraft); or

17 ‘‘(B) less than 1 mile laterally from any ge18 ographic feature within the park (unless more

than 1 19 ⁄2 mile outside the boundary).

20 ‘‘(5) NATIONAL PARK.—The term ‘national park’

21 means any unit of the National Park System.

22 ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’

23 means Indian country (as that term is defined in sec24 tion 1151 of title 18) that is within or abutting a na25 tional park.
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1 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Avia3 tion Administration.

4 ‘‘(8) DIRECTOR.—The term ‘Director’ means the

5 Director of the National Park Service.’’.

6 (b) CONFORMING AMENDMENT.—The analysis for

7 chapter 401 is further amended by adding at the end the

8 following:

‘‘40126. Overflights of national parks.’’.

9 SEC. 804. ADVISORY GROUP.

10 (a) ESTABLISHMENT.—Not later than 1 year after the

11 date of enactment of this Act, the Administrator and the

12 Director of the National Park Service shall jointly establish

13 an advisory group to provide continuing advice and counsel

14 with respect to commercial air tour operations over and

15 near national parks.

16 (b) MEMBERSHIP.—

17 (1) IN GENERAL.—The advisory group shall be

18 composed of—

19 (A) a balanced group of—

20 (i) representatives of general aviation;

21 (ii) representatives of commercial air

22 tour operators;

23 (iii) representatives of environmental

24 concerns; and

25 (iv) representatives of Indian tribes;
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1 (B) a representative of the Federal Aviation

2 Administration; and

3 (C) a representative of the National Park

4 Service.

5 (2) EX OFFICIO MEMBERS.—The Administrator

6 (or the designee of the Administrator) and the Direc7 tor (or the designee of the Director) shall serve as ex

8 officio members.

9 (3) CHAIRPERSON.—The representative of the

10 Federal Aviation Administration and the representa11 tive of the National Park Service shall serve alter12 nating 1-year terms as chairman of the advisory

13 group, with the representative of the Federal Aviation

14 Administration serving initially until the end of the

15 calendar year following the year in which the advi16 sory group is first appointed.

17 (c) DUTIES.—The advisory group shall provide advice,

18 information, and recommendations to the Administrator

19 and the Director—

20 (1) on the implementation of this title and the

21 amendments made by this title;

22 (2) on commonly accepted quiet aircraft tech23 nology for use in commercial air tour operations over

24 national parks (including tribal lands), which will
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1 receive preferential treatment in a given air tour

2 management plan;

3 (3) on other measures that might be taken to ac4 commodate the interests of visitors to national parks;

5 and

6 (4) at request of the Administrator and the Di7 rector, safety, environmental, and other issues related

8 to commercial air tour operations over a national

9 park (including tribal lands).

10 (d) COMPENSATION; SUPPORT; FACA.—

11 (1) COMPENSATION AND TRAVEL.—Members of

12 the advisory group who are not officers or employees

13 of the United States, while attending conferences or

14 meetings of the group or otherwise engaged in its

15 business, or while serving away from their homes or

16 regular places of business, may be allowed travel ex17 penses, including per diem in lieu of subsistence, as

18 authorized by section 5703 of title 5, United States

19 Code, for persons in the Government service employed

20 intermittently.

21 (2) ADMINISTRATIVE SUPPORT.—The Federal

22 Aviation Administration and the National Park

23 Service shall jointly furnish to the advisory group

24 clerical and other assistance.
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1 (3) NONAPPLICATION OF FACA.—Section 14 of

2 the Federal Advisory Committee Act (5 U.S.C. App.)

3 does not apply to the advisory group.

4 SEC. 805. REPORTS.

5 (a) OVERFLIGHT FEE REPORT.—Not later than 180

6 days after the date of enactment of this Act, the Adminis7 trator shall transmit to Congress a report on the effects

8 overflight fees are likely to have on the commercial air tour

9 operation industry. The report shall include, but shall not

10 be limited to—

11 (1) the viability of a tax credit for the commer12 cial air tour operators equal to the amount of any

13 overflight fees charged by the National Park Service;

14 and

15 (2) the financial effects proposed offsets are likely

16 to have on Federal Aviation Administration budgets

17 and appropriations.

18 (b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not

19 later than 2 years after the date of enactment of this Act,

20 the Administrator and the Director shall jointly transmit

21 a report to Congress on the effectiveness of this title in pro22 viding incentives for the development and use of quiet air23 craft technology.

24 SEC. 806. EXEMPTIONS.

25 This title shall not apply to—
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1 (1) any unit of the National Park System lo2 cated in Alaska; or

3 (2) any other land or water located in Alaska.

4 SEC. 807. DEFINITIONS.

5 In this title, the following definitions apply:

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Federal Avia8 tion Administration.

9 (2) DIRECTOR.—The term ‘‘Director’’ means the

10 Director of the National Park Service.

11 TITLE IX—TRUTH IN BUDGETING

12 SEC. 901. SHORT TITLE.

13 This title may be cited as the ‘‘Truth in Budgeting

14 Act’’.

15 SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR16 WAY TRUST FUND.

17 Notwithstanding any other provision of law, the re18 ceipts and disbursements of the Airport and Airway Trust

19 Fund established by section 9502 of the Internal Revenue

20 Code of 1986—

21 (1) shall not be counted as new budget authority,

22 outlays, receipts, or deficit or surplus for purposes

23 of—

24 (A) the budget of the United States Govern25 ment as submitted by the President,
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1 (B) the congressional budget (including al2 locations of budget authority and outlays pro3 vided therein), or

4 (C) the Balanced Budget and Emergency

5 Deficit Control Act of 1985; and

6 (2) shall be exempt from any general budget lim7 itation imposed by statute on expenditures and net

8 lending (budget outlays) of the United States Govern9 ment.

10 SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

11 OF AIRPORT AND AIRWAY TRUST FUND.

12 (a) IN GENERAL.—Subchapter I of chapter 471 is fur13 ther amended by adding at the end the following:

14 ‘‘§ 47138. Safeguards against deficit spending

15 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR16 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

17 March 31 of each year, the Secretary of Transportation, in

18 consultation with the Secretary of the Treasury, shall

19 estimate—

20 ‘‘(1) the amount which would (but for this sec21 tion) be the unfunded aviation authorizations at the

22 close of the first fiscal year that begins after that

23 March 31, and
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1 ‘‘(2) the net aviation receipts to be credited to

2 the Airport and Airway Trust Fund during the fiscal

3 year.

4 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

5 AUTHORIZATIONS.—If the Secretary of Transportation de6 termines for any fiscal year that the amount described in

7 subsection (a)(1) exceeds the amount described in subsection

8 (a)(2), the Secretary shall determine the amount of such

9 excess.

10 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

11 AUTHORIZATIONS EXCEED RECEIPTS.—

12 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

13 Secretary determines that there is an excess referred

14 to in subsection (b) for a fiscal year, the Secretary

15 shall determine the percentage which—

16 ‘‘(A) such excess, is of

17 ‘‘(B) the total of the amounts authorized to

18 be appropriated from the Airport and Airway

19 Trust Fund for the next fiscal year.

20 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the

21 Secretary determines a percentage under paragraph

22 (1), each amount authorized to be appropriated from

23 the Airport and Airway Trust Fund for the next fis24 cal year shall be reduced by such percentage.
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1 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH2 HELD.—

3 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

4 after a reduction has been made under subsection

5 (c)(2), the Secretary determines that the amount de6 scribed in subsection (a)(1) does not exceed the

7 amount described in subsection (a)(2) or that the ex8 cess referred to in subsection (b) is less than the

9 amount previously determined, each amount author10 ized to be appropriated that was reduced under sub11 section (c)(2) shall be increased, by an equal percent12 age, to the extent the Secretary determines that it

13 may be so increased without causing the amount de14 scribed in subsection (a)(1) to exceed the amount de15 scribed in subsection (a)(2) (but not by more than the

16 amount of the reduction).

17 ‘‘(2) APPORTIONMENT.—The Secretary shall ap18 portion amounts made available for apportionment

19 by paragraph (1).

20 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap21 portioned under paragraph (2) shall remain available

22 for the period for which they would be available if

23 such apportionment took effect with the fiscal year in

24 which they are apportioned under paragraph (2).
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1 ‘‘(e) REPORTS.—Any estimate under subsection (a)

2 and any determination under subsection (b), (c), or (d)

3 shall be reported by the Secretary to Congress.

4 ‘‘(f) DEFINITIONS.—For purposes of this section, the

5 following definitions apply:

6 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

7 aviation receipts’ means, with respect to any period,

8 the excess of—

9 ‘‘(A) the receipts (including interest) of the

10 Airport and Airway Trust Fund during such pe11 riod, over

12 ‘‘(B) the amounts to be transferred during

13 such period from the Airport and Airway Trust

14 Fund under section 9502(d) of the Internal Rev15 enue Code of 1986 (other than paragraph (1)

16 thereof).

17 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

18 The term ‘unfunded aviation authorization’ means, at

19 any time, the excess (if any) of—

20 ‘‘(A) the total amount authorized to be ap21 propriated from the Airport and Airway Trust

22 Fund which has not been appropriated, over

23 ‘‘(B) the amount available in the Airport

24 and Airway Trust Fund at such time to make

25 such appropriation (after all other unliquidated
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1 obligations at such time which are payable from

2 the Airport and Airway Trust Fund have been

3 liquidated).’’.

4 (b) CONFORMING AMENDMENT.—The analysis for sub5 chapter I of chapter 471 is further amended by adding at

6 the end the following:

‘‘47138. Safeguards against deficit spending.’’.

7 SEC. 904. APPLICABILITY.

8 This title (including the amendments made by this

9 Act) shall apply to fiscal years beginning after September

10 30, 2000.

11 TITLE X—ADJUSTMENT OF

12 TRUST FUND AUTHORIZATIONS

13 SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZA14 TIONS.

15 (a) IN GENERAL.—Part C of subtitle VII is amended

16 by adding at the end the following:

17 ‘‘CHAPTER 483—ADJUSTMENT OF TRUST

18 FUND AUTHORIZATIONS

‘‘Sec.

‘‘48301. Definitions.

‘‘48302. Adjustments to align aviation authorizations with revenues.

‘‘48303. Adjustment to AIP program funding.

‘‘48304. Estimated aviation income.

19 ‘‘§ 48301. Definitions

20 ‘‘In this chapter, the following definitions apply:
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1 ‘‘(1) BASE YEAR.—The term ‘base year’ means

2 the second fiscal year before the fiscal year for which

3 the calculation is being made.

4 ‘‘(2) AIP PROGRAM.—The term ‘AIP program’

5 means the programs for which amounts are made

6 available under section 48103.

7 ‘‘(3) AVIATION INCOME.—The term ‘aviation in8 come’ means the tax receipts credited to the Airport

9 and Airway Trust Fund and any interest attributable

10 to the Fund.

11 ‘‘§ 48302. Adjustment to align aviation authorizations

12 with revenues

13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Begin14 ning with fiscal year 2003, if the actual level of aviation

15 income for the base year is greater or less than the estimated

16 aviation income level specified in section 48304 for the base

17 year, the amounts authorized to be appropriated (or made

18 available) for the fiscal year under each of sections 106(k),

19 48101, 48102, and 48103 are adjusted as follows:

20 ‘‘(1) If the actual level of aviation income for the

21 base year is greater than the estimated aviation in22 come level specified in section 48304 for the base year,

23 the amount authorized to be appropriated (or made

24 available) for such section is increased by an amount

25 determined by multiplying the amount of the excess
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1 by the ratio for such section set forth in subsection

2 (b).

3 ‘‘(2) If the actual level of aviation income for the

4 base year is less than the estimated aviation income

5 level specified in section 48304 for the base year, the

6 amount authorized to be appropriated (or made

7 available) for such section is decreased by an amount

8 determined by multiplying the amount of the shortfall

9 by the ratio for such section set forth in subsection

10 (b).

11 ‘‘(b) RATIO.—The ratio referred to in subsection (a)

12 with respect to section 106(k), 48101, 48102, or 48103, as

13 the case may be, is the ratio that—

14 ‘‘(1) the amount authorized to be appropriated

15 (or made available) under such section for the fiscal

16 year; bears to

17 ‘‘(2) the total sum of amounts authorized to be

18 appropriated (or made available) under all of such

19 sections for the fiscal year.

20 ‘‘(c) PRESIDENT’S BUDGET.—When the President sub21 mits a budget for a fiscal year under section 1105 of title

22 31, United States Code, the Director of the Office of Man23 agement and Budget shall calculate and the budget shall

24 report any increase or decrease in authorization levels re25 sulting from this section.
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1 ‘‘§ 48303. Adjustment to AIP program funding

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

3 providing appropriations for a fiscal year beginning after

4 September 30, 2000, for the Federal Aviation Administra5 tion, the amount made available for a fiscal year under

6 section 48103 shall be increased by the amount, if any, by

7 which—

8 ‘‘(1) the total sum of amounts authorized to be

9 appropriated under all of sections 106(k), 48101, and

10 48102 for such fiscal year, including adjustments

11 made under section 48302; exceeds

12 ‘‘(2) the amounts appropriated for programs

13 funded under such sections for such fiscal year.

14 Any contract authority made available by this section shall

15 be subject to an obligation limitation.

16 ‘‘§ 48304. Estimated aviation income

17 ‘‘For purposes of section 48302, the estimated aviation

18 income levels are as follows:

19 ‘‘(1) $10,734,000,000 for fiscal year 2001.

20 ‘‘(2) $11,603,000,000 for fiscal year 2002.

21 ‘‘(3) $12,316,000,000 for fiscal year 2003.

22 ‘‘(4) $13,062,000,000 for fiscal year 2004.’’.

23 (b) CONFORMING AMENDMENT.—The table of chapters

24 for subtitle VII of such title is amended by inserting after

25 the item relating to chapter 482 the following:

‘‘483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS ............. 48301’’.
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1 SEC. 1002. BUDGET ESTIMATES.

2 Upon the enactment of this Act, the Director of the

3 Office of Management and Budget shall not make any esti4 mates under section 252(d) of the Balanced Budget and

5 Emergency Deficit Control Act of 1985 of changes in direct

6 spending outlays and receipts for any fiscal year resulting

7 from this title and title IX, including the amendments made

8 by such titles.

9 SEC. 1003. SENSE OF CONGRESS ON FULLY OFFSETTING IN10 CREASED AVIATION SPENDING.

11 It is the sense of Congress that—

12 (1) air passengers and other users of the air

13 transportation system pay aviation taxes into a trust

14 fund dedicated solely to improve the safety, security,

15 and efficiency of the aviation system;

16 (2) from fiscal year 2001 to fiscal year 2004, air

17 passengers and other users will pay more than $14.3

18 billion more in aviation taxes into the Airport and

19 Airway Trust Fund than the concurrent resolution on

20 the budget for fiscal year 2000 provides from such

21 Fund for aviation investment under historical fund22 ing patterns;

23 (3) the Aviation Investment and Reform Act for

24 the 21st Century provides $14.3 billion of aviation

25 investment above the levels assumed in that budget

26 resolution for such fiscal years; and
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1 (4) this increased funding will be fully offset by

2 recapturing unspent aviation taxes and reducing the

3 $778 billion general tax cut assumed in that budget

4 resolution by the appropriate amount.