In the Senate of the United States,

October 5, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1000) entitled ‘‘An Act to amend title 49, United

States Code, to reauthorize programs of the Federal Aviation

Administration, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Air

3 Transportation Improvement Act’’.

4 (b) TABLE OF SECTIONS.—The table of sections for this

5 Act is as follows:

Sec. 1. Short title; table of sections.

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

TITLE I—AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.

Sec. 102. Air navigation facilities and equipment.

Sec. 103. Airport planning and development and noise compatibility planning

and programs.

Sec. 104. Reprogramming notification requirement.

Sec. 105. Airport security program.

Sec. 106. Automated surface observation system stations.
2

HR 1000 EAS

TITLE II—AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.

Sec. 202. Innovative use of airport grant funds.

Sec. 203. Matching share.

Sec. 204. Increase in apportionment for noise compatibility planning and programs.

Sec. 205. Technical amendments.

Sec. 206. Report on efforts to implement capacity enhancements.

Sec. 207. Prioritization of discretionary projects.

Sec. 208. Public notice before grant assurance requirement waived.

Sec. 209. Definition of public aircraft.

Sec. 210. Terminal development costs.

Sec. 211. Airfield pavement conditions.

Sec. 212. Discretionary grants.

Sec. 213. Contract tower cost-sharing.

TITLE III—AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal years.

Sec. 302. Stage 3 noise level compliance for certain aircraft.

Sec. 303. Government and industry consortia.

Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.

Sec. 305. Foreign aviation services authority.

Sec. 306. Flexibility to perform criminal history record checks; technical amendments to Pilot Records Improvement Act.

Sec. 307. Extension of Aviation Insurance Program.

Sec. 308. Technical corrections to civil penalty provisions.

Sec. 309. Criminal penalty for pilots operating in air transportation without an

airman’s certificate.

Sec. 310. Nondiscriminatory interline interconnection requirements.

Sec. 311. Review process for emergency orders under section 44709.

TITLE IV—MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.

Sec. 402. Cargo collision avoidance systems deadline.

Sec. 403. Runway safety areas; precision approach path indicators.

Sec. 404. Airplane emergency locators.

Sec. 405. Counterfeit aircraft parts.

Sec. 406. FAA may fine unruly passengers.

Sec. 407. Higher standards for handicapped access.

Sec. 408. Conveyances of United States Government land.

Sec. 409. Flight operations quality assurance rules.

Sec. 410. Wide area augmentation system.

Sec. 411. Regulation of Alaska guide pilots.

Sec. 412. Alaska rural aviation improvement.

Sec. 413. Human factors program.

Sec. 414. Independent validation of FAA costs and allocations.

Sec. 415. Application of Federal Procurement Policy Act.

Sec. 416. Report on modernization of oceanic ATC system.

Sec. 417. Report on air transportation oversight system.

Sec. 418. Recycling of EIS.

Sec. 419. Protection of employees providing air safety information.

Sec. 420. Improvements to air navigation facilities.

Sec. 421. Denial of airport access to certain air carriers.
3

HR 1000 EAS

Sec. 422. Tourism.

Sec. 423. Sense of the Senate on property taxes on public-use airports.

Sec. 424. Federal Aviation Administration Personnel Management System.

Sec. 425. Authority to sell aircraft and aircraft parts for use in responding to

oil spills.

Sec. 426. Aircraft and aviation component repair and maintenance advisory

panel.

Sec. 427. Aircraft situational display data.

Sec. 428. Allocation of Trust Fund funding.

Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration project.

Sec. 430. Airline marketing disclosure.

Sec. 431. Compensation under the Death on the High Seas Act.

Sec. 432. FAA study of breathing hoods.

Sec. 433. FAA study of alternative power sources for flight data recorders and

cockpit voice recorders.

Sec. 434. Passenger facility fee letters of intent.

Sec. 435. Elimination of HAZMAT enforcement backlog.

Sec. 436. FAA evaluation of long-term capital leasing.

Sec. 437. Prohibitions against smoking on scheduled flights.

Sec. 438. Designating current and former military airports.

Sec. 439. Rolling stock equipment.

Sec. 440. Monroe Regional Airport land conveyance.

Sec. 441. Cinncinati-Municipal Blue Ash Airport.

Sec. 442. Report on Specialty Metals Consortium.

Sec. 443. Pavement condition.

Sec. 444. Inherently low-emission airport vehicle pilot program.

Sec. 445. Conveyance of airport property to an institution of higher education in

Oklahoma.

Sec. 446. Automated Surface Observation System/Automated Weather Observing

System Upgrade.

Sec. 447. Terminal Automated Radar Display and Information System.

Sec. 448. Cost/benefit analysis for retrofit of 16G seats.

Sec. 449. Raleigh County, West Virginia, Memorial Airport.

Sec. 450. Airport safety needs.

Sec. 451. Flight training of international students.

Sec. 452. Grant Parish, Louisiana.

Sec. 453. Designation of general aviation airport.

Sec. 454. Airline Deregulation Study Commission.

Sec. 455. Nondiscrimination in the use of private airports.

Sec. 456. Curfew.

Sec. 457. Federal Aviation Administration Year 2000 Technology Safety Enforcement Act of 1999.

Sec. 458. Expressing the sense of the Senate concerning air traffic over northern

Delaware.

Sec. 459. Study of outdoor air, ventilation, and recirculation air requirements for

passenger cabins in commercial aircraft.

Sec. 460. General Aviation Metropolitan Access and Reliever Airport Grant

Fund.

Sec. 461. Study on airport noise.

Sec. 462. Sense of the Senate concerning EAS.

Sec. 463. Airline quality service reports.

Sec. 464. Prevention of frauds involving aircraft or space vehicle parts in interstate or foreign commerce.

Sec. 465. Preservation of essential air service at dominated hub airports.
4

HR 1000 EAS

Sec. 466. Availability of funds for Georgia’s regional airport enhancement program.

TITLE V—AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.

Sec. 502. Establishment of small community aviation development program.

Sec. 503. Community-carrier air service program.

Sec. 504. Authorization of appropriations.

Sec. 505. Marketing practices.

Sec. 506. Changes in, and phase-out of, slot rules.

Sec. 507. Consumer notification of e-ticket expiration dates.

Sec. 508. Regional air service incentive options.

Sec. 509. Requirement to enhance competitiveness of slot exemptions for regional

jet air service and new entrant air carriers at certain high density traffic airports.

TITLE VI—NATIONAL PARKS OVERFLIGHTS

Sec. 601. Findings.

Sec. 602. Air tour management plans for national parks.

Sec. 603. Advisory group.

Sec. 604. Overflight fee report.

Sec. 605. Prohibition of commercial air tours over the Rocky Mountain National

Park.

TITLE VII—TITLE 49 TECHNICAL CORRECTIONS

Sec. 701. Restatement of 49 U.S.C. 106(g).

Sec. 702. Restatement of 49 U.S.C. 44909.

TITLE VIII—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 801. Transfer of functions, powers, and duties.

Sec. 802. Transfer of office, personnel, and funds.

Sec. 803. Amendment of title 49, United States Code.

Sec. 804. Savings provision.

Sec. 805. National ocean survey.

Sec. 806. Sale and distribution of nautical and aeronautical products by NOAA.

TITLE IX—MANAGEMENT REFORMS OF THE FEDERAL AVIATION

ADMINISTRATION

Sec. 901. Short title.

Sec. 902. Amendments to title 49, United States Code.

Sec. 903. Definitions.

Sec. 904. Findings.

Sec. 905. Air traffic control system defined.

Sec. 906. Chief Operating Officer for air traffic services.

Sec. 907. Federal Aviation Management Advisory Council.

Sec. 908. Compensation of the Administrator.

Sec. 909. National airspace redesign.

Sec. 910. FAA costs and allocations system management.

Sec. 911. Air traffic modernization pilot program.
5

HR 1000 EAS

TITLE X—METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT

ACT

Sec. 1001. Short title.

Sec. 1002. Removal of limitation.

TITLE XI—NOISE ABATEMENT

Sec. 1101. Good neighbors policy.

Sec. 1102. GAO review of aircraft engine noise assessment.

Sec. 1103. GAO review of FAA community noise assessment.

TITLE XII—STUDY TO ENSURE CONSUMER INFORMATION

Sec. 1201. Short title.

Sec. 1202. National Commission to Ensure Consumer Information and Choice in

the Airline Industry.

TITLE XIII—FEDERAL AVIATION RESEARCH, ENGINEERING, AND

DEVELOPMENT

Sec. 1301. Authorization of appropriations.

Sec. 1302. Integrated national aviation research plan.

Sec. 1303. Internet availability of information.

Sec. 1304. Research on nonstructural aircraft systems.

Sec. 1305. Post Free Flight Phase I activities.

Sec. 1306. Research program to improve airfield pavements.

Sec. 1307. Sense of Senate regarding protecting the frequency spectrum used for

aviation communication.

Sec. 1308. Study.

TITLE XIV—AIRLINE CUSTOMER SERVICE COMMITMENT

Sec. 1401. Airline customer service reports.

Sec. 1402. Increased financial responsibility for lost baggage.

Sec. 1403. Increased penalty for violation of aviation consumer protection laws.

Sec. 1404. Comptroller General investigation.

Sec. 1405. Funding of enforcement of airline consumer protections.

TITLE XV—PENALTIES FOR UNRULY PASSENGERS

Sec. 1501. Penalties for unruly passengers.

Sec. 1502. Deputizing of strike State and local law enforcement officers.

Sec. 1503. Study and report on aircraft noise.

TITLE XVI—AIRLINE COMMISSION

Sec. 1601. Short title.

Sec. 1602. National Commission to Ensure Consumer Information and Choice in

the Airline Industry.

TITLE XVII—TRANSPORTATION OF ANIMALS

Sec. 1701. Short title; table of contents.

Sec. 1702. Findings.

SUBTITLE A—ANIMAL WELFARE

Sec. 1711. Definition of transport.
6

HR 1000 EAS

Sec. 1712. Information on incidence of animals in air transport.

Sec. 1713. Reports by carriers on incidents involving animals during air transport.

Sec. 1714. Annual reports.

SUBTITLE B—TRANSPORTATION

Sec. 1721. Policies and procedures for transporting animals.

Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals

during air transport.

Sec. 1723. Cargo hold improvements to protect animal health and safety.

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

2 Except as otherwise expressly provided, whenever in

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

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

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

7 TITLE I—AUTHORIZATIONS

8 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER9 ATIONS.

10 (a) IN GENERAL.—Section 106(k) is amended to read

11 as follows:

12 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OPER13 ATIONS.—

14 ‘‘(1) IN GENERAL.—There are authorized to be

15 appropriated to the Secretary of Transportation for

16 operations of the Administration $5,632,000,000 for

17 fiscal year 1999, $5,784,000,000 for fiscal year 2000,

18 $6,073,000,000 for fiscal year 2001, and

19 $6,377,000,000 for fiscal year 2002. Of the amounts

20 authorized to be appropriated for fiscal year 2000,
7

HR 1000 EAS

1 not more than $9,100,000 shall be used to support air

2 safety efforts through payment of United States mem3 bership obligations, to be paid as soon as practicable.

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

5 amounts appropriated under paragraph (1) $450,000

6 may be used for wildlife hazard mitigation measures

7 and management of the wildlife strike database of the

8 Federal Aviation Administration.

9 ‘‘(3) UNIVERSITY CONSORTIUM.—There are au10 thorized to be appropriated not more than $9,100,000

11 for the 3 fiscal year period beginning with fiscal year

12 2000 to support a university consortium established

13 to provide an air safety and security management

14 certificate program, working cooperatively with the

15 Federal Aviation Administration and United States

16 air carriers. Funds authorized under this

17 paragraph—

18 ‘‘(A) may not be used for the construction

19 of a building or other facility; and

20 ‘‘(B) shall be awarded on the basis of open

21 competition.’’.

22 (b) COORDINATION.—The authority granted the Sec23 retary under section 41720 of title 49, United States Code,

24 does not affect the Secretary’s authority under any other

25 provision of law.
8

HR 1000 EAS

1 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

2 (a) IN GENERAL.—Section 48101(a) is amended by

3 striking paragraphs (1) and (2) and inserting the following:

4 ‘‘(1) $2,131,000,000 for fiscal year 1999.

5 ‘‘(2) $2,689,000,000 for fiscal year 2000.

6 ‘‘(3) $2,799,000,000 for fiscal year 2001.

7 ‘‘(4) $2,914,000,000 for fiscal year 2002.’’.

8 (b) CONTINUATION OF ILS INVENTORY PROGRAM.—

9 Section 44502(a)(4)(B) is amended—

10 (1) by striking ‘‘fiscal years 1995 and 1996’’ and

11 inserting ‘‘fiscal years 1999 through 2002’’; and

12 (2) by striking ‘‘acquisition,’’ and inserting ‘‘ac13 quisition under new or existing contracts,’’.

14 (c) LIFE-CYCLE COST ESTIMATES.—The Adminis15 trator of the Federal Aviation Administration shall estab16 lish life-cycle cost estimates for any air traffic control mod17 ernization project the total life-cycle costs of which equal

18 or exceed $50,000,000.

19 SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND

20 NOISE COMPATIBILITY PLANNING AND PRO21 GRAMS.

22 (a) EXTENSION AND AUTHORIZATION.—Section 48103

23 is amended by striking ‘‘1999.’’ and inserting ‘‘1999,

24 $4,885,000,000 for fiscal years ending before October 1,

25 2000, $7,295,000,000 for fiscal years ending before October
9

HR 1000 EAS

1 1, 2001, and $9,705,000,000 for fiscal years ending before

2 October 1, 2002.’’.

3 (b) PROJECT GRANT AUTHORITY.—Section 47104(c) is

4 amended by striking ‘‘September 30, 1999,’’ and inserting

5 ‘‘September 30, 2002,’’.

6 SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

7 Before reprogramming any amounts appropriated

8 under section 106(k), 48101(a), or 48103 of title 49, United

9 States Code, for which notification of the Committees on

10 Appropriations of the Senate and the House of Representa11 tives is required, the Secretary of Transportation shall sub12 mit a written explanation of the proposed reprogramming

13 to the Committee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on Transportation

15 and Infrastructure of the House of Representatives.

16 SEC. 105. AIRPORT SECURITY PROGRAM.

17 (a) IN GENERAL.—Chapter 471 (as amended by sec18 tion 202(a) of this Act) is amended by adding at the end

19 thereof the following new section:

20 ‘‘§ 47136. Airport security program

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

22 public airports in the United States, the Secretary of

23 Transportation shall carry out not less than 1 project to

24 test and evaluate innovative aviation security systems and

25 related technology.
10

HR 1000 EAS

1 ‘‘(b) PRIORITY.—In carrying out this section, the Sec2 retary shall give the highest priority to a request from an

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

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

5 aviation security systems or related technology, in6 cluding explosives detection systems, for the purpose

7 of improving aviation and aircraft physical security,

8 access control, and passenger and baggage screening;

9 and

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

11 security systems and technology in an operational,

12 testbed environment.

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

14 47109, the United States Government’s share of allowable

15 project costs for a project under this section is 100 percent.

16 ‘‘(d) TERMS AND CONDITIONS.—The Secretary may es17 tablish such terms and conditions as the Secretary deter18 mines appropriate for carrying out a project under this sec19 tion, including terms and conditions relating to the form

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

21 and schedule of payments.

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

23 the term ‘eligible sponsor’ means a nonprofit corporation

24 composed of a consortium of public and private persons,

25 including a sponsor of a primary airport, with the nec-
11

HR 1000 EAS

1 essary engineering and technical expertise to successfully

2 conduct the testing and evaluation of airport and aircraft

3 related security systems.

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

5 amounts made available to the Secretary under section

6 47115 in a fiscal year, the Secretary shall make available

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

8 this section.’’.

9 (b) CONFORMING AMENDMENT.—The chapter analysis

10 for such chapter (as amended by section 202(b) of this Act)

11 is amended by inserting after the item relating to section

12 47135 the following:

‘‘47136. Airport security program.’’.

13 SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM

14 STATIONS.

15 The Administrator of the Federal Aviation Adminis16 tration shall not terminate human weather observers for

17 Automated Surface Observation System stations until—

18 (1) the Secretary of Transportation determines

19 that the System provides consistent reporting of

20 changing meteorological conditions and notifies the

21 Congress in writing of that determination; and

22 (2) 60 days have passed since the report was

23 submitted to the Congress.
12

HR 1000 EAS

1 TITLE II—AIRPORT IMPROVE2 MENT PROGRAM AMEND3 MENTS

4 SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND.

5 Section 47115(g) is amended by striking paragraph

6 (4).

7 SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

8 (a) CODIFICATION AND IMPROVEMENT OF 1996 PRO9 GRAM.—Subchapter I of chapter 471 is amended by adding

10 at the end thereof the following:

11 ‘‘§ 47135. Innovative financing techniques

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

13 is authorized to carry out a demonstration program under

14 which the Secretary may approve applications under this

15 subchapter for not more than 20 projects for which grants

16 received under the subchapter may be used to implement

17 innovative financing techniques.

18 ‘‘(b) PURPOSE.—The purpose of the demonstration

19 program shall be to provide information on the use of inno20 vative financing techniques for airport development

21 projects.

22 ‘‘(c) LIMITATION.—In no case shall the implementa23 tion of an innovative financing technique under this section

24 be used in a manner giving rise to a direct or indirect guar-
13

HR 1000 EAS

1 antee of any airport debt instrument by the United States

2 Government.

3 ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DEFINED.—

4 In this section, the term ‘innovative financing technique’

5 includes methods of financing projects that the Secretary

6 determines may be beneficial to airport development,

7 including—

8 ‘‘(1) payment of interest;

9 ‘‘(2) commercial bond insurance and other credit

10 enhancement associated with airport bonds for eligible

11 airport development; and

12 ‘‘(3) flexible non-Federal matching require13 ments.’’.

14 (b) CONFORMING AMENDMENT.—The chapter analysis

15 for chapter 471 is amended by inserting after the item relat16 ing to section 47134 the following:

‘‘47135. Innovative financing techniques.’’.

17 SEC. 203. MATCHING SHARE.

18 Section 47109(a)(2) is amended by inserting ‘‘not

19 more than’’ before ‘‘90 percent’’.

20 SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COM21 PATIBILITY PLANNING AND PROGRAMS.

22 Section 47117(e)(1)(A) is amended by striking ‘‘31’’

23 each time it appears and inserting ‘‘35’’.
14

HR 1000 EAS

1 SEC. 205. TECHNICAL AMENDMENTS.

2 (a) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

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

4 read as follows:

5 ‘‘(3) An amount apportioned under paragraph

6 (2) of this subsection for airports in Alaska, Hawaii,

7 or Puerto Rico may be made available by the Sec8 retary for any public airport in those respective juris9 dictions.’’.

10 (b) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—

11 Section 47114(e) is amended—

12 (1) by striking ‘‘ALTERNATIVE’’ in the subsection

13 caption and inserting ‘‘SUPPLEMENTAL’’;

14 (2) in paragraph (1) by—

15 (A) striking ‘‘Instead of apportioning

16 amounts for airports in Alaska under’’ and in17 serting ‘‘Notwithstanding’’; and

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

19 ‘‘airports in Alaska’’; and

20 (3) striking paragraph (3) and inserting the fol21 lowing:

22 ‘‘(3) An amount apportioned under this sub23 section may be used for any public airport in Alas24 ka.’’.

25 (c) REPEAL OF APPORTIONMENT LIMITATION ON COM26 MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117
15

HR 1000 EAS

1 is amended by striking subsection (f) and redesignating sub2 sections (g) and (h) as subsections (f) and (g), respectively.

3 (d) CONTINUATION OF PROJECT FUNDING.—Section

4 47108 is amended by adding at the end thereof the fol5 lowing:

6 ‘‘(e) CHANGE IN AIRPORT STATUS.—If the status of

7 a primary airport changes to a nonprimary airport at a

8 time when a development project under a multiyear agree9 ment under subsection (a) is not yet completed, the project

10 shall remain eligible for funding from discretionary funds

11 under section 47115 of this title at the funding level and

12 under the terms provided by the agreement, subject to the

13 availability of funds.’’.

14 (e) GRANT ELIGIBILITY FOR PRIVATE RELIEVER AIR15 PORTS.—Section 47102(17)(B) is amended—

16 (1) by striking ‘‘or’’ at the end of clause (i) and

17 redesignating clause (ii) as clause (iii); and

18 (2) by inserting after clause (i) the following:

19 ‘‘(ii) a privately-owned airport that, as

20 a reliever airport, received Federal aid for

21 airport development prior to October 9,

22 1996, but only if the Administrator issues

23 revised administrative guidance after July

24 1, 1998, for the designation of reliever air25 ports; or’’.
16

HR 1000 EAS

1 (f) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

2 CLASS OF CARRIERS.—Section 40117(e)(2) is amended—

3 (1) by striking ‘‘and’’ after the semicolon in sub4 paragraph (B);

5 (2) by striking ‘‘payment.’’ in subparagraph (C)

6 and inserting ‘‘payment;’’; and

7 (3) by adding at the end thereof the following:

8 ‘‘(D) on flights, including flight segments,

9 between 2 or more points in Hawaii.’’.

10 (g) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

11 CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN ISO12 LATED COMMUNITIES.—Section 40117(i) is amended—

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

14 (1);

15 (2) by striking ‘‘transportation.’’ in paragraph

16 (2)(D) and inserting ‘‘transportation; and’’; and

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

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

19 collection of a passenger facility fee be waived for—

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

21 air carrier or foreign air carrier if the number

22 of passengers enplaned by the carriers in the

23 class constitutes not more than one percent of the

24 total number of passengers enplaned annually at

25 the airport at which the fee is imposed; or
17

HR 1000 EAS

1 ‘‘(B) passengers enplaned on a flight to an

2 airport—

3 ‘‘(i) that has fewer than 2,500 pas4 senger boardings each year and receives

5 scheduled passenger service; or

6 ‘‘(ii) in a community which has a pop7 ulation of less than 10,000 and is not con8 nected by a land highway or vehicular way

9 to the land-connected National Highway

10 System within a State.’’.

11 (h) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY FOR

12 AIRPORTS IN SURPLUS PROPERTY DISPOSAL.—

13 (1) Section 47151 is amended—

14 (A) by striking ‘‘give’’ in subsection (a) and

15 inserting ‘‘convey to’’;

16 (B) by striking ‘‘gift’’ in subsection (a)(2)

17 and inserting ‘‘conveyance’’;

18 (C) by striking ‘‘giving’’ in subsection (b)

19 and inserting ‘‘conveying’’;

20 (D) by striking ‘‘gift’’ in subsection (b) and

21 inserting ‘‘conveyance’’; and

22 (E) by adding at the end thereof the fol23 lowing:

24 ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except for re25 quests from another Federal agency, a department, agency,
18

HR 1000 EAS

1 or instrumentality of the Executive Branch of the United

2 States Government shall give priority to a request by a pub3 lic agency (as defined in section 47102 of this title) for sur4 plus property described in subsection (a) of this section for

5 use at a public airport.’’.

6 (2) Section 47152 is amended—

7 (A) by striking ‘‘gifts’’ in the section cap8 tion and inserting ‘‘conveyances’’; and

9 (B) by striking ‘‘gift’’ in the first sentence

10 and inserting ‘‘conveyance’’.

11 (3) The chapter analysis for chapter 471 is

12 amended by striking the item relating to section

13 47152 and inserting the following:

‘‘47152. Terms of conveyances.’’.

14 (4) Section 47153(a) is amended—

15 (A) by striking ‘‘gift’’ in paragraph (1) and

16 inserting ‘‘conveyance’’;

17 (B) by striking ‘‘given’’ in paragraph

18 (1)(A) and inserting ‘‘conveyed’’; and

19 (C) by striking ‘‘gift’’ in paragraph (1)(B)

20 and inserting ‘‘conveyance’’.

21 (i) MINIMUM APPORTIONMENT.—Section

22 47114(c)(1)(B) is amended by adding at the end thereof the

23 following: ‘‘For fiscal years beginning after fiscal year

24 1999, the preceding sentence shall be applied by substituting

25 ‘$650,000’ for ‘$500,000’.’’.
19

HR 1000 EAS

1 (j) APPORTIONMENT FOR CARGO ONLY AIRPORTS.—

2 (1) Section 47114(c)(2)(A) is amended by strik3 ing ‘‘2.5 percent’’ and inserting ‘‘3 percent’’.

4 (2) Section 47114(c)(2) is further amended by

5 striking subparagraph (C) and redesignating sub6 paragraph (D) as subparagraph (C).

7 (k) TEMPORARY AIR SERVICE INTERRUPTIONS.—Sec8 tion 47114(c)(1) is amended by adding at the end thereof

9 the following:

10 ‘‘(C) The Secretary may, notwithstanding

11 subparagraph (A), apportion to an airport spon12 sor in a fiscal year an amount equal to the

13 amount apportioned to that sponsor in the pre14 vious fiscal year if the Secretary finds that—

15 ‘‘(i) passenger boardings at the airport

16 fell below 10,000 in the calendar year used

17 to calculate the apportionment;

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

19 passenger boardings in the calendar year

20 prior to the calendar year used to calculate

21 apportionments to airport sponsors in a fis22 cal year; and

23 ‘‘(iii) the cause of the shortfall in pas24 senger boardings was a temporary but sig25 nificant interruption in service by an air
20

HR 1000 EAS

1 carrier to that airport due to an employ2 ment action, natural disaster, or other event

3 unrelated to the demand for air transpor4 tation at the affected airport.’’.

5 (l) FLEXIBILITY IN PAVEMENT DESIGN STANDARDS.—

6 Section 47114(d) is amended by adding at the end thereof

7 the following:

8 ‘‘(4) The Secretary may permit the use of State

9 highway specifications for airfield pavement construc10 tion using funds made available under this subsection

11 at nonprimary airports with runways of 5,000 feet or

12 shorter serving aircraft that do not exceed 60,000

13 pounds gross weight, if the Secretary determines

14 that—

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

16 and

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

18 shorter than it would be if constructed using Ad19 ministration standards.

20 An airport may not seek funds under this subchapter

21 for runway rehabilitation or reconstruction of any

22 such airfield pavement constructed using State high23 way specifications for a period of 10 years after con24 struction is completed.’’.
21

HR 1000 EAS

1 (m) ELIGIBILITY OF RUNWAY INCURSION PREVENTION

2 DEVICES.—

3 (1) POLICY.—Section 47101(a)(11) is amended

4 by inserting ‘‘(including integrated in-pavement

5 lighting systems for runways and taxiways and other

6 runway and taxiway incursion prevention devices)’’

7 after ‘‘activities’’.

8 (2) MAXIMUM USE OF SAFETY FACILITIES.—Sec9 tion 47101(f) is amended—

10 (A) by striking ‘‘and’’ at the end of para11 graph (9); and

12 (B) by striking ‘‘area.’’ in paragraph (10)

13 and inserting ‘‘area; and’’; and

14 (C) by adding at the end the following:

15 ‘‘(11) runway and taxiway incursion prevention

16 devices, including integrated in-pavement lighting

17 systems for runways and taxiways.’’.

18 (3) AIRPORT DEVELOPMENT DEFINED.—Section

19 47102(3)(B)(ii) is amended by inserting ‘‘and includ20 ing integrated in-pavement lighting systems for run21 ways and taxiways and other runway and taxiway

22 incursion prevention devices’’ before the semicolon at

23 the end.

24 (n) TECHNICAL AMENDMENTS.—Section 47116(d) is

25 amended—
22

HR 1000 EAS

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

2 following:

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

4 making’’;

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

6 ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POW7 ERED AIRCRAFT.—In making grants to sponsors de8 scribed in subsection (b)(1), the Secretary shall give

9 priority consideration to airport development projects

10 to support operations by turbine powered aircraft, if

11 the non-Federal share of the project is at least 40 per12 cent.’’; and

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

14 (as designated by subparagraph (A) of this para15 graph) with paragraph (2) (as added by subpara16 graph (B) of this paragraph).

17 SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY

18 ENHANCEMENTS.

19 Within 9 months after the date of enactment of this

20 Act, the Secretary of Transportation shall report to the

21 Committee on Commerce, Science, and Transportation of

22 the Senate and the Committee on Transportation and In23 frastructure of the House of Representatives on efforts by

24 the Federal Aviation Administration to implement capacity

25 enhancements and improvements, both technical and proce-
23

HR 1000 EAS

1 dural, such as precision runway monitoring systems, and

2 the time frame for implementation of such enhancements

3 and improvements.

4 SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

5 Section 47120 is amended—

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

7 ‘‘In’’; and

8 (2) by adding at the end thereof the following:

9 ‘‘(b) DISCRETIONARY FUNDING TO BE USED FOR

10 HIGHER PRIORITY PROJECTS.—The Administrator of the

11 Federal Aviation Administration shall discourage airport

12 sponsors and airports from using entitlement funds for

13 lower priority projects by giving lower priority to discre14 tionary projects submitted by airport sponsors and airports

15 that have used entitlement funds for projects that have a

16 lower priority than the projects for which discretionary

17 funds are being requested.’’.

18 SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE RE19 QUIREMENT WAIVED.

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law to the contrary, the Secretary of Transportation

22 may not waive any assurance required under section 47107

23 of title 49, United States Code, that requires property to

24 be used for aeronautical purposes unless the Secretary pro25 vides notice to the public not less than 30 days before
24

HR 1000 EAS

1 issuing any such waiver. Nothing in this section shall be

2 construed to authorize the Secretary to issue a waiver of

3 any assurance required under that section.

4 (b) EFFECTIVE DATE.—This section applies to any re5 quest filed on or after the date of enactment of this Act.

6 SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

7 Section 40102(a)(37)(B)(ii) is amended—

8 (1) by striking ‘‘or’’ at the end of subclause (I);

9 (2) by striking the ‘‘States.’’ in subclause (II)

10 and inserting ‘‘States; or’’; and

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

12 ‘‘(III) transporting persons

13 aboard the aircraft if the aircraft is

14 operated for the purpose of prisoner

15 transport.’’.

16 SEC. 210. TERMINAL DEVELOPMENT COSTS.

17 Section 40117 is amended by adding at the end thereof

18 the following:

19 ‘‘(j) SHELL OF TERMINAL BUILDING.—In order to en20 able additional air service by an air carrier with less than

21 50 percent of the scheduled passenger traffic at an airport,

22 the Secretary may consider the shell of a terminal building

23 (including heating, ventilation, and air conditioning) and

24 aircraft fueling facilities adjacent to an airport terminal
25

HR 1000 EAS

1 building to be an eligible airport-related project under sub2 section (a)(3)(E).’’.

3 SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

4 (a) EVALUATION OF OPTIONS.—The Administrator of

5 the Federal Aviation Administration shall evaluate options

6 for improving the quality of information available to the

7 Administration on airfield pavement conditions for air8 ports that are part of the national air transportation sys9 tem, including—

10 (1) improving the existing runway condition in11 formation contained in the Airport Safety Data Pro12 gram by reviewing and revising rating criteria and

13 providing increased training for inspectors;

14 (2) requiring such airports to submit pavement

15 condition index information as part of their airport

16 master plan or as support in applications for airport

17 improvement grants; and

18 (3) requiring all such airports to submit pave19 ment condition index information on a regular basis

20 and using this information to create a pavement con21 dition database that could be used in evaluating the

22 cost-effectiveness of project applications and fore23 casting anticipated pavement needs.

24 (b) REPORT TO CONGRESS.—The Administrator shall

25 transmit a report, containing an evaluation of such options,
26

HR 1000 EAS

1 to the Senate Committee on Commerce, Science, and Trans2 portation and the House of Representatives Committee on

3 Transportation and Infrastructure not later than 12

4 months after the date of enactment of this Act.

5 SEC. 212. DISCRETIONARY GRANTS.

6 Notwithstanding any limitation on the amount of

7 funds that may be expended for grants for noise abatement,

8 if any funds made available under section 48103 of title

9 49, United States Code, remain available at the end of the

10 fiscal year for which those funds were made available, and

11 are not allocated under section 47115 of that title, or under

12 any other provision relating to the awarding of discre13 tionary grants from unobligated funds made available

14 under section 48103 of that title, the Secretary of Transpor15 tation may use those funds to make discretionary grants

16 for noise abatement activities.

17 SEC. 213. CONTRACT TOWER COST-SHARING.

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

19 following:

20 ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER

21 PILOT PROGRAM.—

22 ‘‘(A) IN GENERAL.—The Secretary shall es23 tablish a pilot program to contract for air traffic

24 control services at Level I air traffic control tow25 ers, as defined by the Administrator of the Fed-
27

HR 1000 EAS

1 eral Aviation Administration, that do not qual2 ify for the Contract Tower Program established

3 under subsection (a) and continued under para4 graph (1) (hereafter in this paragraph referred

5 to as the ‘Contract Tower Program’).

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

7 out the pilot program established under subpara8 graph (A), the Administrator shall—

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

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

11 forecast estimates, or airport master plan

12 data provided by a facility owner or oper13 ator and verified by the Administrator;

14 ‘‘(ii) approve for participation only fa15 cilities willing to fund a pro rata share of

16 the operating costs of the air traffic control

17 tower to achieve a one-to-one benefit-to-cost

18 ratio, as required for eligibility under the

19 Contract Tower Program; and

20 ‘‘(iii) approve for participation no

21 more than 2 facilities willing to fund up to

22 50 percent, but not less than 25 percent, of

23 construction costs for an air traffic control

24 tower built by the airport operator and for
28

HR 1000 EAS

1 each of such facilities the Federal share of

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

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

4 participate in the program under this para5 graph, the Administrator shall give priority to

6 the following:

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

8 participating in the Contract Tower Pro9 gram but have been notified that they will

10 be terminated from such program because

11 the Administrator has determined that the

12 benefit-to-cost ratio for their continuation

13 in such program is less than 1.0.

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

15 Administrator determines have a benefit-to16 cost ratio of at least .50.

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

18 Federal Aviation Administration that are

19 closed as a result of the air traffic control20 lers strike in 1981.

21 ‘‘(iv) Air traffic control towers located

22 at airports that are prepared to assume

23 partial responsibility for maintenance costs.

24 ‘‘(v) Air traffic control towers that are

25 located at airports with safety or oper-
29

HR 1000 EAS

1 ational problems related to topography,

2 weather, runway configuration, or mix of

3 aircraft.

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

5 costs of operating an air traffic control tower

6 under the pilot program established under this

7 paragraph exceed the benefits, the airport spon8 sor or State or local government having jurisdic9 tion over the airport shall pay the portion of the

10 costs that exceed such benefits.

11 ‘‘(E) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appropria13 tion $6,000,000 per fiscal year to carry out this

14 paragraph.’’.

15 TITLE III—AMENDMENTS TO

16 AVIATION LAW

17 SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS

18 CROSSING FISCAL YEARS.

19 (a) Chapter 401 is amended by adding at the end

20 thereof the following:

21 ‘‘§ 40125. Severable services contracts for periods

22 crossing fiscal years

23 ‘‘(a) IN GENERAL.—The Administrator of the Federal

24 Aviation Administration may enter into a contract for pro25 curement of severable services for a period that begins in
30

HR 1000 EAS

1 one fiscal year and ends in the next fiscal year if (without

2 regard to any option to extend the period of the contract)

3 the contract period does not exceed one year.

4 ‘‘(b) OBLIGATION OF FUNDS.—Funds made available

5 for a fiscal year may be obligated for the total amount of

6 a contract entered into under the authority of subsection

7 (a) of this section.’’.

8 (b) CONFORMING AMENDMENT.—The chapter analysis

9 for chapter 401 is amended by adding at the end thereof

10 the following:

‘‘40125. Severable services contracts for periods crossing fiscal years.’’.

11 SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN

12 AIRCRAFT.

13 (a) EXEMPTION FOR AIRCRAFT MODIFICATION OR DIS14 POSAL, SCHEDULED HEAVY MAINTENANCE, OR LEASING15 RELATED FLIGHTS.—Section 47528 is amended—

16 (1) by striking ‘‘subsection (b)’’ in subsection (a)

17 and inserting ‘‘subsection (b) or (f)’’;

18 (2) by adding at the end of subsection (e) the fol19 lowing:

20 ‘‘(4) An air carrier operating Stage 2 aircraft

21 under this subsection may transport Stage 2 aircraft

22 to or from the 48 contiguous States on a non-revenue

23 basis in order—

24 ‘‘(A) to perform maintenance (including

25 major alterations) or preventative maintenance
31

HR 1000 EAS

1 on aircraft operated, or to be operated, within

2 the limitations of paragraph (2)(B); or

3 ‘‘(B) conduct operations within the limita4 tions of paragraph (2)(B).’’; and

5 (3) adding at the end thereof the following:

6 ‘‘(f) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED

7 HEAVY MAINTENANCE, OR LEASING.—

8 ‘‘(1) IN GENERAL.—The Secretary shall permit a

9 person to operate after December 31, 1999, a Stage 2

10 aircraft in nonrevenue service through the airspace of

11 the United States or to or from an airport in the con12 tiguous 48 States in order to—

13 ‘‘(A) sell, lease, or use the aircraft outside

14 the contiguous 48 States;

15 ‘‘(B) scrap the aircraft;

16 ‘‘(C) obtain modifications to the aircraft to

17 meet Stage 3 noise levels;

18 ‘‘(D) perform scheduled heavy maintenance

19 or significant modifications on the aircraft at a

20 maintenance facility located in the contiguous 48

21 States;

22 ‘‘(E) deliver the aircraft to an operator leas23 ing the aircraft from the owner or return the

24 aircraft to the lessor;
32

HR 1000 EAS

1 ‘‘(F) prepare or park or store the aircraft in

2 anticipation of any of the activities described in

3 subparagraphs (A) through (E); or

4 ‘‘(G) divert the aircraft to an alternative

5 airport in the contiguous 48 States on account

6 of weather, mechanical, fuel, air traffic control,

7 or other safety reasons while conducting a flight

8 in order to perform any of the activities de9 scribed in subparagraphs (A) through (F).

10 ‘‘(2) PROCEDURE TO BE PUBLISHED.—The Sec11 retary shall establish and publish, not later than 30

12 days after the date of enactment of the Air Transpor13 tation Improvement Act a procedure to implement

14 paragraph (1) of this subsection through the use of

15 categorical waivers, ferry permits, or other means.’’.

16 (b) NOISE STANDARDS FOR EXPERIMENTAL AIR17 CRAFT.—

18 (1) IN GENERAL.—Section 47528(a) is amended

19 by inserting ‘‘(for which an airworthiness certificate

20 other than an experimental certificate has been issued

21 by the Administrator)’’ after ‘‘civil subsonic turbojet’’.

22 (2) FAR MODIFIED.—The Federal Aviation Reg23 ulations, contained in Part 14 of the Code of Federal

24 Regulations, that implement section 47528 and re-
33

HR 1000 EAS

1 lated provisions shall be deemed to incorporate this

2 change on the effective date of this Act.

3 SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

4 Section 44903 is amended by adding at the end thereof

5 the following:

6 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The

7 Administrator may establish at airports such consortia of

8 government and aviation industry representatives as the

9 Administrator may designate to provide advice on matters

10 related to aviation security and safety. Such consortia shall

11 not be considered federal advisory committees for purposes

12 of the Federal Advisory Committee Act (5 U.S.C. App.).’’.

13 SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

14 CHICAGO CONVENTION.

15 Section 44701 is amended—

16 (1) by redesignating subsection (e) as subsection

17 (f); and

18 (2) by inserting after subsection (d) the fol19 lowing:

20 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT

21 RESPONSIBILITIES.—

22 ‘‘(1) Notwithstanding the provisions of this chap23 ter, and pursuant to Article 83 Bis of the Convention

24 on International Civil Aviation, the Administrator

25 may, by a bilateral agreement with the aeronautical
34

HR 1000 EAS

1 authorities of another country, exchange with that

2 country all or part of their respective functions and

3 duties with respect to aircraft described in subpara4 graphs (A) and (B), under the following articles of the

5 Convention:

6 ‘‘(A) Article 12 (Rules of the Air).

7 ‘‘(B) Article 31 (Certificates of Airworthi8 ness).

9 ‘‘(C) Article 32a (Licenses of Personnel).

10 ‘‘(2) The agreement under paragraph (1) may

11 apply to—

12 ‘‘(A) aircraft registered in the United States

13 operated pursuant to an agreement for the lease,

14 charter, or interchange of the aircraft or any

15 similar arrangement by an operator that has its

16 principal place of business, or, if it has no such

17 place of business, its permanent residence, in an18 other country; or

19 ‘‘(B) aircraft registered in a foreign country

20 operated under an agreement for the lease, char21 ter, or interchange of the aircraft or any similar

22 arrangement by an operator that has its prin23 cipal place of business, or, if it has no such place

24 of business, its permanent residence, in the

25 United States.
35

HR 1000 EAS

1 ‘‘(3) The Administrator relinquishes responsi2 bility with respect to the functions and duties trans3 ferred by the Administrator as specified in the bilat4 eral agreement, under the Articles listed in paragraph

5 (1) of this subsection for United States-registered air6 craft transferred abroad as described in subparagraph

7 (A) of that paragraph, and accepts responsibility

8 with respect to the functions and duties under those

9 Articles for aircraft registered abroad that are trans10 ferred to the United States as described in subpara11 graph (B) of that paragraph.

12 ‘‘(4) The Administrator may, in the agreement

13 under paragraph (1), predicate the transfer of these

14 functions and duties on any conditions the Adminis15 trator deems necessary and prudent.’’.

16 SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

17 Section 45301(a)(2) is amended to read as follows:

18 ‘‘(2) Services provided to a foreign government

19 or to any entity obtaining services outside the United

20 States other than—

21 ‘‘(A) air traffic control services; and

22 ‘‘(B) fees for production-certification-related

23 service pertaining to aeronautical products man24 ufactured outside the United States.’’.
36

HR 1000 EAS

1 SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY

2 RECORD CHECKS; TECHNICAL AMENDMENTS

3 TO PILOT RECORDS IMPROVEMENT ACT.

4 Section 44936 is amended—

5 (1) by striking ‘‘subparagraph (C))’’ in sub6 section (a)(1)(B) and inserting ‘‘subparagraph (C), or

7 in the case of passenger, baggage, or property screen8 ing at airports, the Administrator decides it is nec9 essary to ensure air transportation security)’’;

10 (2) by striking ‘‘individual’’ in subsection

11 (f)(1)(B)(ii) and inserting ‘‘individual’s performance

12 as a pilot’’; and

13 (3) by inserting ‘‘or from a foreign government

14 or entity that employed the individual,’’ in subsection

15 (f)(14)(B) after ‘‘exists,’’.

16 SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

17 Section 44310 is amended by striking ‘‘August 6,

18 1999.’’ and inserting ‘‘December 31, 2003.’’.

19 SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY

20 PROVISIONS.

21 Section 46301 is amended—

22 (1) by striking ‘‘46302, 46303, or’’ in subsection

23 (a)(1)(A);

24 (2) by striking ‘‘an individual’’ the first time it

25 appears in subsection (d)(7)(A) and inserting ‘‘a per26 son’’; and
37

HR 1000 EAS

1 (3) by inserting ‘‘or the Administrator’’ in sub2 section (g) after ‘‘Secretary’’.

3 SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN

4 AIR TRANSPORTATION WITHOUT AN AIR5 MAN’S CERTIFICATE.

6 (a) IN GENERAL.—Chapter 463 is amended by adding

7 at the end the following:

8 ‘‘§ 46317. Criminal penalty for pilots operating in air

9 transportation without an airman’s cer10 tificate

11 ‘‘(a) APPLICATION.—This section applies only to air12 craft used to provide air transportation.

13 ‘‘(b) GENERAL CRIMINAL PENALTY.—An individual

14 shall be fined under title 18, imprisoned for not more than

15 3 years, or both, if that individual—

16 ‘‘(1) knowingly and willfully serves or attempts

17 to serve in any capacity as an airman without an

18 airman’s certificate authorizing the individual to

19 serve in that capacity; or

20 ‘‘(2) knowingly and willfully employs for service

21 or uses in any capacity as an airman an individual

22 who does not have an airman’s certificate authorizing

23 the individual to serve in that capacity.

24 ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—
38

HR 1000 EAS

1 ‘‘(1) In this subsection, the term ‘controlled sub2 stance’ has the same meaning given that term in sec3 tion 102 of the Comprehensive Drug Abuse Prevention

4 and Control Act of 1970 (21 U.S.C. 802).

5 ‘‘(2) An individual violating subsection (b) shall

6 be fined under title 18, imprisoned for not more than

7 5 years, or both, if the violation is related to trans8 porting a controlled substance by aircraft or aiding

9 or facilitating a controlled substance violation and

10 that transporting, aiding, or facilitating—

11 ‘‘(A) is punishable by death or imprison12 ment of more than 1 year under a Federal or

13 State law; or

14 ‘‘(B) is related to an act punishable by

15 death or imprisonment for more than 1 year

16 under a Federal or State law related to a con17 trolled substance (except a law related to simple

18 possession (as that term is used in section

19 46306(c)) of a controlled substance).

20 ‘‘(3) A term of imprisonment imposed under

21 paragraph (2) shall be served in addition to, and not

22 concurrently with, any other term of imprisonment

23 imposed on the individual subject to the imprison24 ment.’’.
39

HR 1000 EAS

1 (b) CLERICAL AMENDMENT.—The chapter analysis for

2 chapter 463 is amended by adding at the end thereof the

3 following:

‘‘46317. Criminal penalty for pilots operating in air transportation without an

airman’s certificate.’’.

4 SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNEC5 TION REQUIREMENTS.

6 (a) IN GENERAL.—Subchapter I of chapter 417 is

7 amended by adding at the end thereof the following:

8 ‘‘§ 41717. Interline agreements for domestic transpor9 tation

10 ‘‘(a) NONDISCRIMINATORY REQUIREMENTS.—If a

11 major air carrier that provides air service to an essential

12 airport facility has any agreement involving ticketing, bag13 gage and ground handling, and terminal and gate access

14 with another carrier, it shall provide the same services to

15 any requesting air carrier that offers service to a commu16 nity selected for participation in the program under section

17 41743 under similar terms and conditions and on a non18 discriminatory basis within 30 days after receiving the re19 quest, as long as the requesting air carrier meets such safe20 ty, service, financial, and maintenance requirements, if

21 any, as the Secretary may by regulation establish consistent

22 with public convenience and necessity. The Secretary must

23 review any proposed agreement to determine if the request24 ing carrier meets operational requirements consistent with
40

HR 1000 EAS

1 the rules, procedures, and policies of the major carrier. This

2 agreement may be terminated by either party in the event

3 of failure to meet the standards and conditions outlined in

4 the agreement.

5 ‘‘(b) DEFINITIONS.—In this section the term ‘essential

6 airport facility’ means a large hub airport (as defined in

7 section 41731(a)(3)) in the contiguous 48 States in which

8 one carrier has more than 50 percent of such airport’s total

9 annual enplanements.’’.

10 (b) CLERICAL AMENDMENT.—The chapter analysis for

11 subchapter I of chapter 417 is amended by adding at the

12 end thereof the following:

‘‘41717. Interline agreements for domestic transportation.’’.

13 SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS

14 UNDER SECTION 44709.

15 Section 44709(e) is amended to read as follows:

16 ‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

17 ‘‘(1) IN GENERAL.—When a person files an ap18 peal with the Board under subsection (d) of this sec19 tion, the order of the Administrator is stayed.

20 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

21 (1), the order of the Administrator is effective imme22 diately if the Administrator advises the Board that

23 an emergency exists and safety in air commerce or

24 air transportation requires the order to be effective

25 immediately.
41

HR 1000 EAS

1 ‘‘(3) REVIEW OF EMERGENCY ORDER.—A person

2 affected by the immediate effectiveness of the Adminis3 trator’s order under paragraph (2) may request a re4 view by the Board, under procedures promulgated by

5 the Board, on the issues of the appeal that are related

6 to the existence of an emergency. Any such review

7 shall be requested within 48 hours after the order be8 comes effective. If the Administrator is unable to dem9 onstrate to the Board that an emergency exists that

10 requires the immediate application of the order in the

11 interest of safety in air commerce and air transpor12 tation, the order shall, notwithstanding paragraph

13 (2), be stayed. The Board shall dispose of a review re14 quest under this paragraph within 5 days after it is

15 filed.

16 ‘‘(4) FINAL DISPOSITION.—The Board shall make

17 a final disposition of an appeal under subsection (d)

18 within 60 days after the appeal is filed.’’.

19 TITLE IV—MISCELLANEOUS

20 SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR 2000

21 PROBLEM.

22 The Administrator of the Federal Aviation Adminis23 tration shall report to the Senate Committee on Commerce,

24 Science, and Transportation and the House Committee on

25 Transportation and Infrastructure every 3 months through
42

HR 1000 EAS

1 December 31, 2000, in oral or written form, on electronic

2 data processing problems associated with the year 2000

3 within the Administration.

4 SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEAD5 LINE.

6 (a) IN GENERAL.—The Administrator of the Federal

7 Aviation Administration shall require by regulation that,

8 not later than December 31, 2002, collision avoidance

9 equipment be installed on each cargo airplane with a max10 imum certificated takeoff weight in excess of 15,000 kilo11 grams.

12 (b) EXTENSION.—The Administrator may extend the

13 deadline imposed by subsection (a) for not more than 2

14 years if the Administrator finds that the extension is needed

15 to promote—

16 (1) a safe and orderly transition to the operation

17 of a fleet of cargo aircraft equipped with collision

18 avoidance equipment; or

19 (2) other safety or public interest objectives.

20 (c) COLLISION AVOIDANCE EQUIPMENT.—For pur21 poses of this section, the term ‘‘collision avoidance equip22 ment’’ means TCAS II equipment (as defined by the Ad23 ministrator), or any other similar system approved by the

24 Administrator for collision avoidance purposes.
43

HR 1000 EAS

1 SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH

2 PATH INDICATORS.

3 Within 6 months after the date of enactment of this

4 Act, the Administrator of the Federal Aviation Administra5 tion shall solicit comments on the need for—

6 (1) the improvement of runway safety areas; and

7 (2) the installation of precision approach path

8 indicators.

9 SEC. 404. AIRPLANE EMERGENCY LOCATORS.

10 (a) REQUIREMENT.—Section 44712(b) is amended to

11 read as follows:

12 ‘‘(b) NONAPPLICATION.—Subsection (a) does not apply

13 to aircraft when used in—

14 ‘‘(1) scheduled flights by scheduled air carriers

15 holding certificates issued by the Secretary of Trans16 portation under subpart II of this part;

17 ‘‘(2) training operations conducted entirely with18 in a 50-mile radius of the airport from which the

19 training operations begin;

20 ‘‘(3) flight operations related to the design and

21 testing, manufacture, preparation, and delivery of

22 aircraft;

23 ‘‘(4) showing compliance with regulations, exhi24 bition, or air racing; or

25 ‘‘(5) the aerial application of a substance for an

26 agricultural purpose.’’.
44

HR 1000 EAS

1 (b) COMPLIANCE.—Section 44712 is amended by redes2 ignating subsection (c) as subsection (d), and by inserting

3 after subsection (b) the following:

4 ‘‘(c) COMPLIANCE.—An aircraft is deemed to meet the

5 requirement of subsection (a) if it is equipped with an emer6 gency locator transmitter that transmits on the 121.5/243

7 megahertz frequency or the 406 megahertz frequency, or

8 with other equipment approved by the Secretary for meeting

9 the requirement of subsection (a).’’.

10 (c) EFFECTIVE DATE; REGULATIONS.—

11 (1) REGULATIONS.—The Secretary of Transpor12 tation shall promulgate regulations under section

13 44712(b) of title 49, United States Code, as amended

14 by this section not later than January 1, 2002.

15 (2) EFFECTIVE DATE.—The amendments made

16 by this section shall take effect on January 1, 2002.

17 SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

18 (a) DENIAL; REVOCATION; AMENDMENT OF CERTIFI19 CATE.—

20 (1) IN GENERAL.—Chapter 447 is amended by

21 adding at the end thereof the following:

22 ‘‘§ 44725. Denial and revocation of certificate for

23 counterfeit parts violations

24 ‘‘(a) DENIAL OF CERTIFICATE.—
45

HR 1000 EAS

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2) of this subsection and subsection (e)(2) of

3 this section, the Administrator may not issue a cer4 tificate under this chapter to any person—

5 ‘‘(A) convicted of a violation of a law of the

6 United States or of a State relating to the instal7 lation, production, repair, or sale of a counterfeit

8 or falsely-represented aviation part or material;

9 or

10 ‘‘(B) subject to a controlling or ownership

11 interest of an individual convicted of such a vio12 lation.

13 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

14 (1), the Administrator may issue a certificate under

15 this chapter to a person described in paragraph (1)

16 if issuance of the certificate will facilitate law enforce17 ment efforts.

18 ‘‘(b) REVOCATION OF CERTIFICATE.—

19 ‘‘(1) IN GENERAL.—Except as provided in sub20 sections (f) and (g) of this section, the Administrator

21 shall issue an order revoking a certificate issued

22 under this chapter if the Administrator finds that the

23 holder of the certificate, or an individual who has a

24 controlling or ownership interest in the holder—
46

HR 1000 EAS

1 ‘‘(A) was convicted of a violation of a law

2 of the United States or of a State relating to the

3 installation, production, repair, or sale of a

4 counterfeit or falsely-represented aviation part or

5 material; or

6 ‘‘(B) knowingly carried out or facilitated

7 an activity punishable under such a law.

8 ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—In

9 carrying out paragraph (1) of this subsection, the Ad10 ministrator may not review whether a person violated

11 such a law.

12 ‘‘(c) NOTICE REQUIREMENT.—Before the Adminis13 trator revokes a certificate under subsection (b), the Admin14 istrator shall—

15 ‘‘(1) advise the holder of the certificate of the rea16 son for the revocation; and

17 ‘‘(2) provide the holder of the certificate an op18 portunity to be heard on why the certificate should

19 not be revoked.

20 ‘‘(d) APPEAL.—The provisions of section 44710(d)

21 apply to the appeal of a revocation order under subsection

22 (b). For the purpose of applying that section to such an

23 appeal, ‘person’ shall be substituted for ‘individual’ each

24 place it appears.

25 ‘‘(e) AQUITTAL OR REVERSAL.—
47

HR 1000 EAS

1 ‘‘(1) IN GENERAL.—The Administrator may not

2 revoke, and the Board may not affirm a revocation of,

3 a certificate under subsection (b)(1)(B) of this section

4 if the holder of the certificate, or the individual, is ac5 quitted of all charges related to the violation.

6 ‘‘(2) REISSUANCE.—The Administrator may re7 issue a certificate revoked under subsection (b) of this

8 section to the former holder if—

9 ‘‘(A) the former holder otherwise satisfies

10 the requirements of this chapter for the certifi11 cate;

12 ‘‘(B) the former holder, or individual, is ac13 quitted of all charges related to the violation on

14 which the revocation was based; or

15 ‘‘(C) the conviction of the former holder, or

16 individual, of the violation on which the revoca17 tion was based is reversed.

18 ‘‘(f) WAIVER.—The Administrator may waive revoca19 tion of a certificate under subsection (b) of this section if—

20 ‘‘(1) a law enforcement official of the United

21 States Government, or of a State (with respect to vio22 lations of State law), requests a waiver; and

23 ‘‘(2) the waiver will facilitate law enforcement

24 efforts.
48

HR 1000 EAS

1 ‘‘(g) AMENDMENT OF CERTIFICATE.—If the holder of

2 a certificate issued under this chapter is other than an indi3 vidual and the Administrator finds that—

4 ‘‘(1) an individual who had a controlling or

5 ownership interest in the holder committed a viola6 tion of a law for the violation of which a certificate

7 may be revoked under this section, or knowingly car8 ried out or facilitated an activity punishable under

9 such a law; and

10 ‘‘(2) the holder satisfies the requirements for the

11 certificate without regard to that individual,

12 then the Administrator may amend the certificate to impose

13 a limitation that the certificate will not be valid if that

14 individual has a controlling or ownership interest in the

15 holder. A decision by the Administrator under this sub16 section is not reviewable by the Board.’’.

17 (2) CONFORMING AMENDMENT.—The chapter

18 analysis for chapter 447 is amended by adding at the

19 end thereof the following:

‘‘44725. Denial and revocation of certificate for counterfeit parts violations.’’.

20 (b) PROHIBITION ON EMPLOYMENT.—Section 44711 is

21 amended by adding at the end thereof the following:

22 ‘‘(c) PROHIBITION ON EMPLOYMENT OF CONVICTED

23 COUNTERFEIT PART DEALERS.—No person subject to this

24 chapter may employ anyone to perform a function related

25 to the procurement, sale, production, or repair of a part
49

HR 1000 EAS

1 or material, or the installation of a part into a civil air2 craft, who has been convicted of a violation of any Federal

3 or State law relating to the installation, production, repair,

4 or sale of a counterfeit or falsely-represented aviation part

5 or material.’’.

6 SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

7 (a) IN GENERAL.—Chapter 463 (as amended by sec8 tion 309) is amended by adding at the end thereof the fol9 lowing:

10 ‘‘§ 46318. Interference with cabin or flight crew

11 ‘‘(a) IN GENERAL.—An individual who interferes with

12 the duties or responsibilities of the flight crew or cabin crew

13 of a civil aircraft, or who poses an imminent threat to the

14 safety of the aircraft or other individuals on the aircraft,

15 is liable to the United States Government for a civil penalty

16 of not more than $10,000, which shall be paid to the Federal

17 Aviation Administration and deposited in the account es18 tablished by section 45303(c).

19 ‘‘(b) COMPROMISE AND SETOFF.—

20 ‘‘(1) The Secretary of Transportation or the Ad21 ministrator may compromise the amount of a civil

22 penalty imposed under subsection (a).

23 ‘‘(2) The Government may deduct the amount of

24 a civil penalty imposed or compromised under this
50

HR 1000 EAS

1 section from amounts it owes the individual liable for

2 the penalty.’’.

3 (b) CONFORMING CHANGE.—The chapter analysis for

4 chapter 463 is amended by adding at the end thereof the

5 following:

‘‘46318. Interference with cabin or flight crew.’’.

6 SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

7 (a) ESTABLISHMENT OF HIGHER INTERNATIONAL

8 STANDARDS.—The Secretary of Transportation shall work

9 with appropriate international organizations and the avia10 tion authorities of other nations to bring about their estab11 lishment of higher standards for accommodating handi12 capped passengers in air transportation, particularly with

13 respect to foreign air carriers that code-share with domestic

14 air carriers.

15 (b) INVESTIGATION OF ALL COMPLAINTS REQUIRED.—

16 Section 41705 is amended—

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

18 providing’’;

19 (2) by striking ‘‘carrier’’ and inserting ‘‘carrier,

20 including any foreign air carrier doing business in

21 the United States,’’; and

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

23 ‘‘(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—

24 Each separate act of discrimination prohibited by sub-
51

HR 1000 EAS

1 section (a) constitutes a separate violation of that sub2 section.

3 ‘‘(c) INVESTIGATION OF COMPLAINTS.—

4 ‘‘(1) IN GENERAL.—The Secretary or a person

5 designated by the Secretary shall investigate each

6 complaint of a violation of subsection (a).

7 ‘‘(2) PUBLICATION OF DATA.—The Secretary or a

8 person designated by the Secretary shall publish dis9 ability-related complaint data in a manner com10 parable to other consumer complaint data.

11 ‘‘(3) EMPLOYMENT.—The Secretary is authorized

12 to employ personnel necessary to enforce this section.

13 ‘‘(4) REVIEW AND REPORT.—The Secretary or a

14 person designated by the Secretary shall regularly re15 view all complaints received by air carriers alleging

16 discrimination on the basis of disability, and report

17 annually to Congress on the results of such review.

18 ‘‘(5) TECHNICAL ASSISTANCE.—Not later than

19 180 days after enactment of the Air Transportation

20 and Improvement Act, the Secretary shall—

21 ‘‘(A) implement a plan, in consultation

22 with the Department of Justice, United States

23 Architectural and Transportation Barriers Com24 pliance Board, and the National Council on Dis25 ability, to provide technical assistance to air
52

HR 1000 EAS

1 carriers and individuals with disabilities in un2 derstanding the rights and responsibilities of this

3 section; and

4 ‘‘(B) ensure the availability and provision

5 of appropriate technical assistance manuals to

6 individuals and entities with rights or duties

7 under this section.’’.

8 (c) INCREASED CIVIL PENALTIES.—Section 46301(a)

9 is amended—

10 (1) by inserting ‘‘41705,’’ after ‘‘41704,’’ in

11 paragraph (1)(A); and

12 (2) by adding at the end thereof the following:

13 ‘‘(7) VIOLATION OF SECTION 41705.—

14 ‘‘(A) CREDIT; VOUCHER; CIVIL PENALTY.—

15 Unless an individual accepts a credit or voucher

16 for the purchase of a ticket on an air carrier or

17 any affiliated air carrier for a violation of sub18 section (a) in an amount (determined by the

19 Secretary) of—

20 ‘‘(i) not less than $500 and not more

21 than $2,500 for the first violation; or

22 ‘‘(ii) not less than $2,500 and not more

23 than $5,000 for any subsequent violation,

24 then that air carrier is liable to the United

25 States Government for a civil penalty, deter-
53

HR 1000 EAS

1 mined by the Secretary, of not more than 100

2 percent of the amount of the credit or voucher so

3 determined.

4 ‘‘(B) REMEDY NOT EXCLUSIVE.—Nothing in

5 subparagraph (A) precludes or affects the right of

6 persons with disabilities to file private rights of

7 action under section 41705 or to limit claims for

8 compensatory or punitive damages asserted in

9 such cases.

10 ‘‘(C) ATTORNEY’S FEES.—In addition to the

11 penalty provided by subparagraph (A), an indi12 vidual who—

13 ‘‘(i) brings a civil action against an

14 air carrier to enforce this section; and

15 ‘‘(ii) who is awarded damages by the

16 court in which the action is brought,

17 may be awarded reasonable attorneys’ fees and

18 costs of litigation reasonably incurred in bring19 ing the action if the court deems it appro20 priate.’’.

21 SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT

22 LAND.

23 (a) IN GENERAL.—Section 47125(a) is amended to

24 read as follows:

25 ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—
54

HR 1000 EAS

1 ‘‘(1) REQUEST FOR CONVEYANCE.—Except as

2 provided in subsection (b) of this section, the Sec3 retary of Transportation—

4 ‘‘(A) shall request the head of the depart5 ment, agency, or instrumentality of the United

6 States Government owning or controlling land or

7 airspace to convey a property interest in the

8 land or airspace to the public agency sponsoring

9 the project or owning or controlling the airport

10 when necessary to carry out a project under this

11 subchapter at a public airport, to operate a pub12 lic airport, or for the future development of an

13 airport under the national plan of integrated

14 airport systems; and

15 ‘‘(B) may request the head of such a depart16 ment, agency, or instrumentality to convey a

17 property interest in the land or airspace to such

18 a public agency for a use that will complement,

19 facilitate, or augment airport development, in20 cluding the development of additional revenue

21 from both aviation and nonaviation sources.

22 ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN CON23 VEYANCES.—Within 4 months after receiving a re24 quest from the Secretary under paragraph (1), the
55

HR 1000 EAS

1 head of the department, agency, or instrumentality

2 shall—

3 ‘‘(A) decide whether the requested convey4 ance is consistent with the needs of the depart5 ment, agency, or instrumentality;

6 ‘‘(B) notify the Secretary of the decision;

7 and

8 ‘‘(C) make the requested conveyance if—

9 ‘‘(i) the requested conveyance is con10 sistent with the needs of the department,

11 agency, or instrumentality;

12 ‘‘(ii) the Attorney General approves the

13 conveyance; and

14 ‘‘(iii) the conveyance can be made

15 without cost to the United States Govern16 ment.

17 ‘‘(3) REVERSION.—Except as provided in sub18 section (b), a conveyance under this subsection may

19 only be made on the condition that the property in20 terest conveyed reverts to the Government, at the op21 tion of the Secretary, to the extent it is not developed

22 for an airport purpose or used consistently with the

23 conveyance.’’.

24 (b) RELEASE OF CERTAIN CONDITIONS.—Section

25 47125 is amended—
56

HR 1000 EAS

1 (1) by redesignating subsection (b) as subsection

2 (c); and

3 (2) by inserting the following after subsection

4 (a):

5 ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The Sec6 retary may grant a release from any term, condition, res7 ervation, or restriction contained in any conveyance exe8 cuted under this section, section 16 of the Federal Airport

9 Act, section 23 of the Airport and Airway Development Act

10 of 1970, or section 516 of the Airport and Airway Improve11 ment Act of 1982, to facilitate the development of additional

12 revenue from aeronautical and nonaeronautical sources if

13 the Secretary—

14 ‘‘(1) determines that the property is no longer

15 needed for aeronautical purposes;

16 ‘‘(2) determines that the property will be used

17 solely to generate revenue for the public airport;

18 ‘‘(3) provides preliminary notice to the head of

19 the department, agency, or instrumentality that con20 veyed the property interest at least 30 days before exe21 cuting the release;

22 ‘‘(4) provides notice to the public of the requested

23 release;

24 ‘‘(5) includes in the release a written justifica25 tion for the release of the property; and
57

HR 1000 EAS

1 ‘‘(6) determines that release of the property will

2 advance civil aviation in the United States.’’.

3 (c) EFFECTIVE DATE.—Section 47125(b) of title 49,

4 United States Code, as added by subsection (b) of this sec5 tion, applies to property interests conveyed before, on, or

6 after the date of enactment of this Act.

7 (d) IDITAROD AREA SCHOOL DISTRICT.—Notwith8 standing any other provision of law (including section

9 47125 of title 49, United States Code, as amended by this

10 section), the Administrator of the Federal Aviation Admin11 istration, or the Administrator of the General Services Ad12 ministration, may convey to the Iditarod Area School Dis13 trict without reimbursement all right, title, and interest in

14 12 acres of property at Lake Minchumina, Alaska, identi15 fied by the Administrator of the Federal Aviation Adminis16 tration, including the structures known as housing units

17 100 through 105 and as utility building 301.

18 SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE

19 RULES.

20 Not later than 90 days after the date of enactment of

21 this Act, the Administrator shall issue a notice of proposed

22 rulemaking to develop procedures to protect air carriers and

23 their employees from enforcement actions for violations of

24 the Federal Aviation Regulations other than criminal or

25 deliberate acts that are reported or discovered as a result
58

HR 1000 EAS

1 of voluntary reporting programs, such as the Flight Oper2 ations Quality Assurance Program and the Aviation Safety

3 Action Program.

4 SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

5 (a) PLAN.—The Administrator of the Federal Aviation

6 Administration shall identify or develop a plan to imple7 ment WAAS to provide navigation and landing approach

8 capabilities for civilian use and make a determination as

9 to whether a backup system is necessary. Until the Adminis10 trator determines that WAAS is the sole means of naviga11 tion, the Administrator shall continue to develop and main12 tain a backup system.

13 (b) REPORT.—Within 6 months after the date of enact14 ment of this Act, the Administrator shall—

15 (1) report to the Senate Committee on Com16 merce, Science, and Transportation and the House of

17 Representatives Committee on Transportation and

18 Infrastructure, on the plan developed under subsection

19 (a);

20 (2) submit a timetable for implementing WAAS;

21 and

22 (3) make a determination as to whether WAAS

23 will ultimately become a primary or sole means of

24 navigation and landing approach capabilities.
59

HR 1000 EAS

1 (c) WAAS DEFINED.—For purposes of this section, the

2 term ‘‘WAAS’’ means wide area augmentation system.

3 (d) FUNDING AUTHORIZATION.—There are authorized

4 to be appropriated to the Secretary of Transportation such

5 sums as may be necessary to carry out this section.

6 SEC. 411. REGULATION OF ALASKA GUIDE PILOTS.

7 (a) IN GENERAL.—Beginning on the date of the enact8 ment of this Act, flight operations conducted by Alaska

9 guide pilots shall be regulated under the general operating

10 and flight rules contained in part 91 of title 14, Code of

11 Federal Regulations.

12 (b) RULEMAKING PROCEEDING.—

13 (1) IN GENERAL.—The Administrator shall con14 duct a rulemaking proceeding and issue a final rule

15 to modify the general operating and flight rules re16 ferred to in subsection (a) by establishing special

17 rules applicable to the flight operations conducted by

18 Alaska guide pilots.

19 (2) CONTENTS OF RULES.—A final rule issued

20 by the Administrator under paragraph (1) shall re21 quire Alaska guide pilots—

22 (A) to operate aircraft inspected no less

23 often than after 125 hours of flight time;
60

HR 1000 EAS

1 (B) to participate in an annual flight re2 view, as described in section 61.56 of title 14,

3 Code of Federal Regulations;

4 (C) to have at least 500 hours of flight time

5 as a pilot;

6 (D) to have a commercial rating, as de7 scribed in subpart F of part 61 of such title;

8 (E) to hold at least a second-class medical

9 certificate, as described in subpart C of part 67

10 of such title;

11 (F) to hold a current letter of authorization

12 issued by the Administrator; and

13 (G) to take such other actions as the Ad14 ministrator determines necessary for safety.

15 (c) DEFINITIONS.—In this section, the following defi16 nitions apply:

17 (1) LETTER OF AUTHORIZATION.—The term ‘‘let18 ter of authorization’’ means a letter issued by the Ad19 ministrator once every 5 years to an Alaska guide

20 pilot certifying that the pilot is in compliance with

21 general operating and flight rules applicable to the

22 pilot. In the case of a multi-pilot operation, at the

23 election of the operating entity, a letter of authoriza24 tion may be issued by the Administrator to the entity

25 or to each Alaska guide pilot employed by the entity.
61

HR 1000 EAS

1 (2) ALASKA GUIDE PILOT.—The term ‘‘Alaska

2 guide pilot’’ means a pilot who—

3 (A) conducts aircraft operations over or

4 within the State of Alaska;

5 (B) operates single engine, fixed wing air6 craft on floats, wheels, or skis, providing com7 mercial hunting, fishing, or other guide services

8 and related accommodations in the form of

9 camps or lodges; and

10 (C) transports clients by such aircraft inci11 dental to hunting, fishing, or other guide serv12 ices, or uses air transport to enable guided cli13 ents to reach hunting or fishing locations.

14 SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

15 (a) APPLICATION OF FAA REGULATIONS.—Section

16 40113 is amended by adding at the end thereof the fol17 lowing:

18 ‘‘(f) APPLICATION OF CERTAIN REGULATIONS TO

19 ALASKA.—In amending title 14, Code of Federal Regula20 tions, in a manner affecting intrastate aviation in Alaska,

21 the Administrator of the Federal Aviation Administration

22 shall consider the extent to which Alaska is not served by

23 transportation modes other than aviation, and shall estab24 lish such regulatory distinctions as the Administrator con25 siders appropriate.’’.
62

HR 1000 EAS

1 (b) AVIATION CLOSED CIRCUIT TELEVISION.—The Ad2 ministrator of the Federal Aviation Administration, in con3 sultation with commercial and general aviation pilots, shall

4 install closed circuit weather surveillance equipment at not

5 fewer that 15 rural airports in Alaska and provide for the

6 dissemination of information derived from such equipment

7 to pilots for pre-flight planning purposes and en route pur8 poses, including through the dissemination of such informa9 tion to pilots by flight service stations. There are authorized

10 to be appropriated $2,000,000 for the purposes of this sub11 section.

12 (c) MIKE-IN-HAND WEATHER OBSERVATION.—The Ad13 ministrator of the Federal Aviation Administration and the

14 Assistant Administrator of the National Weather Service,

15 in consultation with the National Transportation Safety

16 Board and the Governor of the State of Alaska, shall develop

17 and implement a ‘‘mike-in-hand’’ weather observation pro18 gram in Alaska under which Federal Aviation Administra19 tion employees, National Weather Service employees, other

20 Federal or State employees sited at an airport, or persons

21 contracted specifically for such purpose (including part22 time contract employees who are not sited at such airport),

23 will provide near-real time aviation weather information

24 via radio and otherwise to pilots who request such informa25 tion.
63

HR 1000 EAS

1 (d) RURAL IFR COMPLIANCE.—There are authorized

2 to be appropriated $4,000,000 to the Administrator for run3 way lighting and weather reporting systems at remote air4 ports in Alaska to implement the CAPSTONE project.

5 SEC. 413. HUMAN FACTORS PROGRAM.

6 (a) IN GENERAL.—Chapter 445 is amended by adding

7 at the end thereof the following:

8 ‘‘§ 44516. Human factors program

9 ‘‘(a) REPORT.—The Administrator of the Federal

10 Aviation Administration shall report within 1 year after

11 the date of enactment of the Air Transportation Improve12 ment Act to the Senate Committee on Commerce, Science,

13 and Transportation and the House of Representatives Com14 mittee on Transportation and Infrastructure on the status

15 of the Administration’s efforts to encourage the adoption

16 and implementation of Advanced Qualification Programs

17 for air carriers under this section.

18 ‘‘(b) HUMAN FACTORS TRAINING.—

19 ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Adminis20 trator shall—

21 ‘‘(A) address the problems and concerns

22 raised by the National Research Council in its

23 report ‘The Future of Air Traffic Control’ on air

24 traffic control automation; and
64

HR 1000 EAS

1 ‘‘(B) respond to the recommendations made

2 by the National Research Council.

3 ‘‘(2) PILOTS AND FLIGHT CREWS.—The Adminis4 trator shall work with the aviation industry to de5 velop specific training curricula to address critical

6 safety problems, including problems of pilots—

7 ‘‘(A) in recovering from loss of control of the

8 aircraft, including handling unusual attitudes

9 and mechanical malfunctions;

10 ‘‘(B) in deviating from standard operating

11 procedures, including inappropriate responses to

12 emergencies and hazardous weather;

13 ‘‘(C) in awareness of altitude and location

14 relative to terrain to prevent controlled flight

15 into terrain; and

16 ‘‘(D) in landing and approaches, including

17 nonprecision approaches and go-around proce18 dures.

19 ‘‘(c) ACCIDENT INVESTIGATIONS.—The Administrator,

20 working with the National Transportation Safety Board

21 and representatives of the aviation industry, shall establish

22 a process to assess human factors training as part of acci23 dent and incident investigations.

24 ‘‘(d) TEST PROGRAM.—The Administrator shall estab25 lish a test program in cooperation with United States air
65

HR 1000 EAS

1 carriers to use model Jeppesen approach plates or other

2 similar tools to improve nonprecision landing approaches

3 for aircraft.

4 ‘‘(e) ADVANCED QUALIFICATION PROGRAM DE5 FINED.—For purposes of this section, the term ‘advanced

6 qualification program’ means an alternative method for

7 qualifying, training, certifying, and ensuring the com8 petency of flight crews and other commercial aviation oper9 ations personnel subject to the training and evaluation re10 quirements of Parts 121 and 135 of title 14, Code of Federal

11 Regulations.’’.

12 (b) AUTOMATION AND ASSOCIATED TRAINING.—The

13 Administrator of the Federal Aviation Administration shall

14 complete the Administration’s updating of training prac15 tices for flight deck automation and associated training re16 quirements within 12 months after the date of enactment

17 of this Act.

18 (c) CONFORMING AMENDMENT.—The chapter analysis

19 for chapter 445 is amended by adding at the end thereof

20 the following:

‘‘44516. Human factors program.’’.

21 SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND

22 ALLOCATIONS.

23 (a) INDEPENDENT ASSESSMENT.—

24 (1) INITIATION.—Not later than 90 days after

25 the date of enactment of this Act, the Inspector Gen-
66

HR 1000 EAS

1 eral of the Department of Transportation shall ini2 tiate the analyses described in paragraph (2). In con3 ducting the analyses, the Inspector General shall en4 sure that the analyses are carried out by 1 or more

5 entities that are independent of the Federal Aviation

6 Administration. The Inspector General may use the

7 staff and resources of the Inspector General or may

8 contract with independent entities to conduct the

9 analyses.

10 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

11 OF FAA COST DATA AND ATTRIBUTIONS.—To ensure

12 that the method for capturing and distributing the

13 overall costs of the Federal Aviation Administration

14 is appropriate and reasonable, the Inspector General

15 shall conduct an assessment that includes the fol16 lowing:

17 (A)(i) Validation of Federal Aviation Ad18 ministration cost input data, including an audit

19 of the reliability of Federal Aviation Adminis20 tration source documents and the integrity and

21 reliability of the Federal Aviation Administra22 tion’s data collection process.

23 (ii) An assessment of the reliability of the

24 Federal Aviation Administration’s system for

25 tracking assets.
67

HR 1000 EAS

1 (iii) An assessment of the reasonableness of

2 the Federal Aviation Administration’s bases for

3 establishing asset values and depreciation rates.

4 (iv) An assessment of the Federal Aviation

5 Administration’s system of internal controls for

6 ensuring the consistency and reliability of re7 ported data to begin immediately after full oper8 ational capability of the cost accounting system.

9 (B) A review and validation of the Federal

10 Aviation Administration’s definition of the serv11 ices to which the Federal Aviation Administra12 tion ultimately attributes its costs, and the meth13 ods used to identify direct costs associated with

14 the services.

15 (C) An assessment and validation of the

16 general cost pools used by the Federal Aviation

17 Administration, including the rationale for and

18 reliability of the bases on which the Federal

19 Aviation Administration proposes to allocate

20 costs of services to users and the integrity of the

21 cost pools as well as any other factors considered

22 important by the Inspector General. Appropriate

23 statistical tests shall be performed to assess rela24 tionships between costs in the various cost pools

25 and activities and services to which the costs are
68

HR 1000 EAS

1 attributed by the Federal Aviation Administra2 tion.

3 (b) DEADLINE.—The independent analyses described

4 in this section shall be completed no later than 270 days

5 after the contracts are awarded to the outside independent

6 contractors. The Inspector General shall submit a final re7 port combining the analyses done by its staff with those

8 of the outside independent contractors to the Secretary of

9 Transportation, the Administrator, the Committee on Com10 merce, Science, and Transportation of the Senate, and the

11 Committee on Transportation and Infrastructure of the

12 House of Representatives. The final report shall be sub13 mitted by the Inspector General not later than 300 days

14 after the award of contracts.

15 (c) FUNDING.—There are authorized to be appro16 priated such sums as may be necessary for the cost of the

17 contracted audit services authorized by this section.

18 SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POL19 ICY ACT.

20 Section 348 of the Department of Transportation and

21 Related Agencies Appropriations Act, 1996 (49 U.S.C.

22 40110 nt) is amended—

23 (1) by redesignating subsection (c) as subsection

24 (d); and
69

HR 1000 EAS

1 (2) by inserting after subsection (b) the fol2 lowing:

3 ‘‘(c) CERTAIN PROVISIONS OF THE OFFICE OF FED4 ERAL PROCUREMENT POLICY ACT.—Notwithstanding sub5 section (b)(2), section 27 of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 423) shall apply to the new

7 acquisition management system developed and implemented

8 under subsection (a) with the following modifications:

9 ‘‘(1) Subsections (f) and (g) shall not apply.

10 ‘‘(2) Within 90 days after the date of enactment

11 of the Air Transportation Improvement Act, the Ad12 ministrator of the Federal Aviation Administration

13 shall adopt definitions for the acquisition manage14 ment system that are consistent with the purpose and

15 intent of the Office of Federal Procurement Policy

16 Act.

17 ‘‘(3) After the adoption of those definitions, the

18 criminal, civil, and administrative remedies provided

19 under the Office of Federal Procurement Policy Act

20 apply to the acquisition management system.

21 ‘‘(4) In the administration of the acquisition

22 management system, the Administrator may take ad23 verse personnel action under section 27(e)(3)(A)(iv) of

24 the Office of Federal Procurement Policy Act in ac-
70

HR 1000 EAS

1 cordance with the procedures contained in the Admin2 istration’s personnel management system.’’.

3 SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC

4 SYSTEM.

5 The Administrator of the Federal Aviation Adminis6 tration shall report to the Congress on plans to modernize

7 the oceanic air traffic control system, including a budget

8 for the program, a determination of the requirements for

9 modernization, and, if necessary, a proposal to fund the

10 program.

11 SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT

12 SYSTEM.

13 Beginning in calendar year 2000, the Administrator

14 of the Federal Aviation Administration shall report bian15 nually to the Congress on the air transportation oversight

16 system program announced by the Administration on May

17 13, 1998, in detail on the training of inspectors, the number

18 of inspectors using the system, air carriers subject to the

19 system, and the budget for the system.

20 SEC. 418. RECYCLING OF EIS.

21 Notwithstanding any other provision of law to the con22 trary, the Secretary of Transportation may authorize the

23 use, in whole or in part, of a completed environmental as24 sessment or environmental impact study for a new airport

25 construction project on the air operations area, that is sub-
71

HR 1000 EAS

1 stantially similar in nature to one previously constructed

2 pursuant to the completed environmental assessment or en3 vironmental impact study in order to avoid unnecessary

4 duplication of expense and effort, and any such authorized

5 use shall meet all requirements of Federal law for the com6 pletion of such an assessment or study.

7 SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR

8 SAFETY INFORMATION.

9 (a) GENERAL RULE.—Chapter 421 is amended by

10 adding at the end the following new subchapter:

11 ‘‘SUBCHAPTER III—WHISTLEBLOWER

12 PROTECTION PROGRAM

13 ‘‘§ 42121. Protection of employees providing air safety

14 information

15 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY16 EES.—No air carrier or contractor or subcontractor of an

17 air carrier may discharge an employee of the air carrier

18 or the contractor or subcontractor of an air carrier or other19 wise discriminate against any such employee with respect

20 to compensation, terms, conditions, or privileges of employ21 ment because the employee (or any person acting pursuant

22 to a request of the employee)—

23 ‘‘(1) provided, caused to be provided, or is about

24 to provide or cause to be provided to the Federal Gov25 ernment information relating to any violation or al-
72

HR 1000 EAS

1 leged violation of any order, regulation, or standard

2 of the Federal Aviation Administration or any other

3 provision of Federal law relating to air carrier safety

4 under this subtitle or any other law of the United

5 States;

6 ‘‘(2) has filed, caused to be filed, or is about to

7 file or cause to be filed a proceeding relating to any

8 violation or alleged violation of any order, regulation,

9 or standard of the Federal Aviation Administration

10 or any other provision of Federal law relating to air

11 carrier safety under this subtitle or any other law of

12 the United States;

13 ‘‘(3) testified or will testify in such a proceeding;

14 or

15 ‘‘(4) assisted or participated or is about to assist

16 or participate in such a proceeding.

17 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE18 DURE.—

19 ‘‘(1) FILING AND NOTIFICATION.—

20 ‘‘(A) IN GENERAL.—In accordance with this

21 paragraph, a person may file (or have a person

22 file on behalf of that person) a complaint with

23 the Secretary of Labor if that person believes

24 that an air carrier or contractor or subcon25 tractor of an air carrier discharged or otherwise
73

HR 1000 EAS

1 discriminated against that person in violation of

2 subsection (a).

3 ‘‘(B) REQUIREMENTS FOR FILING COM4 PLAINTS.—A complaint referred to in subpara5 graph (A) may be filed not later than 90 days

6 after an alleged violation occurs. The complaint

7 shall state the alleged violation.

8 ‘‘(C) NOTIFICATION.—Upon receipt of a

9 complaint submitted under subparagraph (A),

10 the Secretary of Labor shall notify the air car11 rier, contractor, or subcontractor named in the

12 complaint and the Administrator of the Federal

13 Aviation Administration of the—

14 ‘‘(i) filing of the complaint;

15 ‘‘(ii) allegations contained in the com16 plaint;

17 ‘‘(iii) substance of evidence supporting

18 the complaint; and

19 ‘‘(iv) opportunities that are afforded to

20 the air carrier, contractor, or subcontractor

21 under paragraph (2).

22 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—

23 ‘‘(A) IN GENERAL.—

24 ‘‘(i) INVESTIGATION.—Not later than

25 60 days after receipt of a complaint filed
74

HR 1000 EAS

1 under paragraph (1) and after affording the

2 person named in the complaint an oppor3 tunity to submit to the Secretary of Labor

4 a written response to the complaint and an

5 opportunity to meet with a representative of

6 the Secretary to present statements from

7 witnesses, the Secretary of Labor shall con8 duct an investigation and determine wheth9 er there is reasonable cause to believe that

10 the complaint has merit and notify in writ11 ing the complainant and the person alleged

12 to have committed a violation of subsection

13 (a) of the Secretary’s findings.

14 ‘‘(ii) ORDER.—Except as provided in

15 subparagraph (B), if the Secretary of Labor

16 concludes that there is reasonable cause to

17 believe that a violation of subsection (a) has

18 occurred, the Secretary shall accompany the

19 findings referred to in clause (i) with a pre20 liminary order providing the relief pre21 scribed under paragraph (3)(B).

22 ‘‘(iii) OBJECTIONS.—Not later than 30

23 days after the date of notification of find24 ings under this paragraph, the person al25 leged to have committed the violation or the
75

HR 1000 EAS

1 complainant may file objections to the find2 ings or preliminary order and request a

3 hearing on the record.

4 ‘‘(iv) EFFECT OF FILING.—The filing

5 of objections under clause (iii) shall not op6 erate to stay any reinstatement remedy con7 tained in the preliminary order.

8 ‘‘(v) HEARINGS.—Hearings conducted

9 pursuant to a request made under clause

10 (iii) shall be conducted expeditiously and

11 governed by the Federal Rules of Civil Pro12 cedure. If a hearing is not requested during

13 the 30-day period prescribed in clause (iii),

14 the preliminary order shall be deemed a

15 final order that is not subject to judicial re16 view.

17 ‘‘(B) REQUIREMENTS.—

18 ‘‘(i) REQUIRED SHOWING BY COM19 PLAINANT.—The Secretary of Labor shall

20 dismiss a complaint filed under this sub21 section and shall not conduct an investiga22 tion otherwise required under subparagraph

23 (A) unless the complainant makes a prima

24 facie showing that any behavior described

25 in paragraphs (1) through (4) of subsection
76

HR 1000 EAS

1 (a) was a contributing factor in the unfa2 vorable personnel action alleged in the com3 plaint.

4 ‘‘(ii) SHOWING BY EMPLOYER.—Not5 withstanding a finding by the Secretary

6 that the complainant has made the showing

7 required under clause (i), no investigation

8 otherwise required under subparagraph (A)

9 shall be conducted if the employer dem10 onstrates, by clear and convincing evidence,

11 that the employer would have taken the

12 same unfavorable personnel action in the

13 absence of that behavior.

14 ‘‘(iii) CRITERIA FOR DETERMINATION

15 BY SECRETARY.—The Secretary may deter16 mine that a violation of subsection (a) has

17 occurred only if the complainant dem18 onstrates that any behavior described in

19 paragraphs (1) through (4) of subsection (a)

20 was a contributing factor in the unfavorable

21 personnel action alleged in the complaint.

22 ‘‘(iv) PROHIBITION.—Relief may not

23 be ordered under subparagraph (A) if the

24 employer demonstrates by clear and con25 vincing evidence that the employer would
77

HR 1000 EAS

1 have taken the same unfavorable personnel

2 action in the absence of that behavior.

3 ‘‘(3) FINAL ORDER.—

4 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE5 MENT AGREEMENTS.—

6 ‘‘(i) IN GENERAL.—Not later than 120

7 days after conclusion of a hearing under

8 paragraph (2), the Secretary of Labor shall

9 issue a final order that—

10 ‘‘(I) provides relief in accordance

11 with this paragraph; or

12 ‘‘(II) denies the complaint.

13 ‘‘(ii) SETTLEMENT AGREEMENT.—At

14 any time before issuance of a final order

15 under this paragraph, a proceeding under

16 this subsection may be terminated on the

17 basis of a settlement agreement entered into

18 by the Secretary of Labor, the complainant,

19 and the air carrier, contractor, or subcon20 tractor alleged to have committed the viola21 tion.

22 ‘‘(B) REMEDY.—If, in response to a com23 plaint filed under paragraph (1), the Secretary

24 of Labor determines that a violation of sub25 section (a) has occurred, the Secretary of Labor
78

HR 1000 EAS

1 shall order the air carrier, contractor, or subcon2 tractor that the Secretary of Labor determines to

3 have committed the violation to—

4 ‘‘(i) take action to abate the violation;

5 ‘‘(ii) reinstate the complainant to the

6 former position of the complainant and en7 sure the payment of compensation (includ8 ing back pay) and the restoration of terms,

9 conditions, and privileges associated with

10 the employment; and

11 ‘‘(iii) provide compensatory damages

12 to the complainant.

13 ‘‘(C) COSTS OF COMPLAINT.—If the Sec14 retary of Labor issues a final order that provides

15 for relief in accordance with this paragraph, the

16 Secretary of Labor, at the request of the com17 plainant, shall assess against the air carrier,

18 contractor, or subcontractor named in the order

19 an amount equal to the aggregate amount of all

20 costs and expenses (including attorney and ex21 pert witness fees) reasonably incurred by the

22 complainant (as determined by the Secretary of

23 Labor) for, or in connection with, the bringing

24 of the complaint that resulted in the issuance of

25 the order.
79

HR 1000 EAS

1 ‘‘(4) FRIVOLOUS COMPLAINTS.—Rule 11 of the

2 Federal Rules of Civil Procedure applies to any com3 plaint brought under this section that the Secretary

4 finds to be frivolous or to have been brought in bad

5 faith.

6 ‘‘(5) REVIEW.—

7 ‘‘(A) APPEAL TO COURT OF APPEALS.—

8 ‘‘(i) IN GENERAL.—Not later than 60

9 days after a final order is issued under

10 paragraph (3), a person adversely affected

11 or aggrieved by that order may obtain re12 view of the order in the United States court

13 of appeals for the circuit in which the viola14 tion allegedly occurred or the circuit in

15 which the complainant resided on the date

16 of that violation.

17 ‘‘(ii) REQUIREMENTS FOR JUDICIAL

18 REVIEW.—A review conducted under this

19 paragraph shall be conducted in accordance

20 with chapter 7 of title 5. The commence21 ment of proceedings under this subpara22 graph shall not, unless ordered by the court,

23 operate as a stay of the order that is the

24 subject of the review.
80

HR 1000 EAS

1 ‘‘(B) LIMITATION ON COLLATERAL AT2 TACK.—An order referred to in subparagraph

3 (A) shall not be subject to judicial review in any

4 criminal or other civil proceeding.

5 ‘‘(6) ENFORCEMENT OF ORDER BY SECRETARY

6 OF LABOR.—

7 ‘‘(A) IN GENERAL.—If an air carrier, con8 tractor, or subcontractor named in an order

9 issued under paragraph (3) fails to comply with

10 the order, the Secretary of Labor may file a civil

11 action in the United States district court for the

12 district in which the violation occurred to en13 force that order.

14 ‘‘(B) RELIEF.—In any action brought

15 under this paragraph, the district court shall

16 have jurisdiction to grant any appropriate form

17 of relief, including injunctive relief and compen18 satory damages.

19 ‘‘(7) ENFORCEMENT OF ORDER BY PARTIES.—

20 ‘‘(A) COMMENCEMENT OF ACTION.—A per21 son on whose behalf an order is issued under

22 paragraph (3) may commence a civil action

23 against the air carrier, contractor, or subcon24 tractor named in the order to require compliance

25 with the order. The appropriate United States
81

HR 1000 EAS

1 district court shall have jurisdiction, without re2 gard to the amount in controversy or the citizen3 ship of the parties, to enforce the order.

4 ‘‘(B) ATTORNEY FEES.—In issuing any

5 final order under this paragraph, the court may

6 award costs of litigation (including reasonable

7 attorney and expert witness fees) to any party if

8 the court determines that the awarding of those

9 costs 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, or contractor or subcontractor

16 of an air carrier who, acting without direction from the

17 air carrier (or an agent, contractor, or subcontractor of the

18 air carrier), deliberately causes a violation of any require19 ment relating to air carrier safety under this subtitle or

20 any other law of 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) INVESTIGATIONS AND ENFORCEMENT.—Section

25 347(b)(1) of Public Law 104–50 (49 U.S.C. 106, note) is
82

HR 1000 EAS

1 amended by striking ‘‘protection;’’ and inserting ‘‘protec2 tion, including the provisions for investigations and en3 forcement as provided in chapter 12 of title 5, United States

4 Code;’’.

5 (c) CONFORMING AMENDMENT.—The chapter analysis

6 for chapter 421 is amended by adding at the end the fol7 lowing:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

‘‘42121. Protection of employees providing air safety information.’’.

8 (d) CIVIL PENALTY.—Section 46301(a)(1)(A) is

9 amended by striking ‘‘subchapter II of chapter 421,’’ and

10 inserting ‘‘subchapter II or III of chapter 421,’’.

11 SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

12 Section 44502(a) is amended by adding at the end

13 thereof the following:

14 ‘‘(5) The Administrator may improve real prop15 erty leased for air navigation facilities without regard

16 to the costs of the improvements in relation to the cost

17 of the lease if—

18 ‘‘(A) the improvements primarily benefit

19 the government;

20 ‘‘(B) are essential for mission accomplish21 ment; and

22 ‘‘(C) the government’s interest in the im23 provements is protected.’’.
83

HR 1000 EAS

1 SEC. 421. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR

2 CARRIERS.

3 Section 47107 is amended by adding at the end thereof

4 the following:

5 ‘‘(q) DENIAL OF ACCESS.—

6 ‘‘(1) EFFECT OF DENIAL.—If an owner or oper7 ator of an airport described in paragraph (2) denies

8 access to an air carrier described in paragraph (3),

9 that denial shall not be considered to be unreasonable

10 or unjust discrimination or a violation of this section.

11 ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP12 PLIES.—An airport is described in this paragraph if

13 it—

14 ‘‘(A) is designated as a reliever airport by

15 the Administrator of the Federal Aviation Ad16 ministration;

17 ‘‘(B) does not have an operating certificate

18 issued under part 139 of title 14, Code of Federal

19 Regulations (or any subsequent similar regula20 tions); and

21 ‘‘(C) is located within a 35-mile radius of

22 an airport that has—

23 ‘‘(i) at least 0.05 percent of the total

24 annual boardings in the United States; and

25 ‘‘(ii) current gate capacity to handle

26 the demands of a public charter operation.
84

HR 1000 EAS

1 ‘‘(3) AIR CARRIERS DESCRIBED.—An air carrier

2 is described in this paragraph if it conducts oper3 ations as a public charter under part 380 of title 14,

4 Code of Federal Regulations (or any subsequent simi5 lar regulations) with aircraft that is designed to

6 carry more than 9 passengers per flight.

7 ‘‘(4) DEFINITIONS.—In this subsection:

8 ‘‘(A) AIR CARRIER; AIR TRANSPORTATION;

9 AIRCRAFT; AIRPORT.—The terms ‘air carrier’,

10 ‘air transportation’, ‘aircraft’, and ‘airport’ have

11 the meanings given those terms in section 40102

12 of this title.

13 ‘‘(B) PUBLIC CHARTER.—The term ‘public

14 charter’ means charter air transportation for

15 which the general public is provided in advance

16 a schedule containing the departure location, de17 parture time, and arrival location of the

18 flights.’’.

19 SEC. 422. TOURISM.

20 (a) FINDINGS.—Congress finds that—

21 (1) through an effective public-private partner22 ship, Federal, State, and local governments and the

23 travel and tourism industry can successfully market

24 the United States as the premiere international tour25 ist destination in the world;
85

HR 1000 EAS

1 (2) in 1997, the travel and tourism industry

2 made a substantial contribution to the health of the

3 Nation’s economy, as follows:

4 (A) The industry is one of the Nation’s

5 largest employers, directly employing 7,000,000

6 Americans, throughout every region of the coun7 try, heavily concentrated among small busi8 nesses, and indirectly employing an additional

9 9,200,000 Americans, for a total of 16,200,000

10 jobs.

11 (B) The industry ranks as the first, second,

12 or third largest employer in 32 States and the

13 District of Columbia, generating a total tourism14 related annual payroll of $127,900,000,000.

15 (C) The industry has become the Nation’s

16 third-largest retail sales industry, generating a

17 total of $489,000,000,000 in total expenditures.

18 (D) The industry generated $71,700,000,000

19 in tax revenues for Federal, State, and local gov20 ernments;

21 (3) the more than $98,000,000,000 spent by for22 eign visitors in the United States in 1997 generated

23 a trade services surplus of more than

24 $26,000,000,000;
86

HR 1000 EAS

1 (4) the private sector, States, and cities currently

2 spend more than $1,000,000,000 annually to promote

3 particular destinations within the United States to

4 international visitors;

5 (5) because other nations are spending hundreds

6 of millions of dollars annually to promote the visits

7 of international tourists to their countries, the United

8 States will miss a major marketing opportunity if it

9 fails to aggressively compete for an increased share of

10 international tourism expenditures as they continue

11 to increase over the next decade;

12 (6) a well-funded, well-coordinated international

13 marketing effort—combined with additional public

14 and private sector efforts—would help small and

15 large businesses, as well as State and local govern16 ments, share in the anticipated phenomenal growth of

17 the international travel and tourism market in the

18 21st century;

19 (7) by making permanent the successful visa

20 waiver pilot program, Congress can facilitate the in21 creased flow of international visitors to the United

22 States;

23 (8) Congress can increase the opportunities for

24 attracting international visitors and enhancing their

25 stay in the United States by—
87

HR 1000 EAS

1 (A) improving international signage at air2 ports, seaports, land border crossings, highways,

3 and bus, train, and other public transit stations

4 in the United States;

5 (B) increasing the availability of multi6 lingual tourist information; and

7 (C) creating a toll-free, private-sector oper8 ated, telephone number, staffed by multilingual

9 operators, to provide assistance to international

10 tourists coping with an emergency;

11 (9) by establishing a satellite system of account12 ing for travel and tourism, the Secretary of Commerce

13 could provide Congress and the President with objec14 tive, thorough data that would help policymakers

15 more accurately gauge the size and scope of the do16 mestic travel and tourism industry and its signifi17 cant impact on the health of the Nation’s economy;

18 and

19 (10) having established the United States Na20 tional Tourism Organization under the United States

21 National Tourism Organization Act of 1996 (22

22 U.S.C. 2141 et seq.) to increase the United States

23 share of the international tourism market by devel24 oping a national travel and tourism strategy, Con25 gress should support a long-term marketing effort and
88

HR 1000 EAS

1 other important regulatory reform initiatives to pro2 mote increased travel to the United States for the ben3 efit of every sector of the economy.

4 (b) PURPOSES.—The purposes of this section are to

5 provide international visitor initiatives and an inter6 national marketing program to enable the United States

7 travel and tourism industry and every level of government

8 to benefit from a successful effort to make the United States

9 the premiere travel destination in the world.

10 (c) INTERNATIONAL VISITOR ASSISTANCE TASK

11 FORCE.—

12 (1) ESTABLISHMENT.—Not later than 9 months

13 after the date of enactment of this Act, the Secretary

14 of Commerce shall establish an Intergovernmental

15 Task Force for International Visitor Assistance (here16 after in this subsection referred to as the ‘‘Task

17 Force’’).

18 (2) DUTIES.—The Task Force shall examine—

19 (A) signage at facilities in the United

20 States, including airports, seaports, land border

21 crossings, highways, and bus, train, and other

22 public transit stations, and shall identify exist23 ing inadequacies and suggest solutions for such

24 inadequacies, such as the adoption of uniform

25 standards on international signage for use
89

HR 1000 EAS

1 throughout the United States in order to facili2 tate international visitors’ travel in the United

3 States;

4 (B) the availability of multilingual travel

5 and tourism information and means of dissemi6 nating, at no or minimal cost to the Govern7 ment, of such information; and

8 (C) facilitating the establishment of a toll9 free, private-sector operated, telephone number,

10 staffed by multilingual operators, to provide as11 sistance to international tourists coping with an

12 emergency.

13 (3) MEMBERSHIP.—The Task Force shall be

14 composed of the following members:

15 (A) The Secretary of Commerce.

16 (B) The Secretary of State.

17 (C) The Secretary of Transportation.

18 (D) The Chair of the Board of Directors of

19 the United States National Tourism Organiza20 tion.

21 (E) Such other representatives of other Fed22 eral agencies and private-sector entities as may

23 be determined to be appropriate to the mission

24 of the Task Force by the Chairman.
90

HR 1000 EAS

1 (4) CHAIRMAN.—The Secretary of Commerce

2 shall be Chairman of the Task Force. The Task Force

3 shall meet at least twice each year. Each member of

4 the Task Force shall furnish necessary assistance to

5 the Task Force.

6 (5) REPORT.—Not later than 18 months after the

7 date of the enactment of this Act, the Chairman of the

8 Task Force shall submit to the President and to Con9 gress a report on the results of the review, including

10 proposed amendments to existing laws or regulations

11 as may be appropriate to implement such rec12 ommendations.

13 (d) TRAVEL AND TOURISM INDUSTRY SATELLITE SYS14 TEM OF ACCOUNTING.—

15 (1) IN GENERAL.—The Secretary of Commerce

16 shall complete, as soon as may be practicable, a sat17 ellite system of accounting for the travel and tourism

18 industry.

19 (2) FUNDING.—To the extent any costs or ex20 penditures are incurred under this subsection, they

21 shall be covered to the extent funds are available to

22 the Department of Commerce for such purpose.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) AUTHORIZATION.—Subject to paragraph (2),

25 there are authorized to be appropriated such sums as
91

HR 1000 EAS

1 may be necessary for the purpose of funding inter2 national promotional activities by the United States

3 National Tourism Organization to help brand, posi4 tion, and promote the United States as the premiere

5 travel and tourism destination in the world.

6 (2) RESTRICTIONS ON USE OF FUNDS.—None of

7 the funds appropriated under paragraph (1) may be

8 used for purposes other than marketing, research, out9 reach, or any other activity designed to promote the

10 United States as the premiere travel and tourism des11 tination in the world, except that the general and ad12 ministrative expenses of operating the United States

13 National Tourism Organization shall be borne by the

14 private sector through such means as the Board of Di15 rectors of the Organization shall determine.

16 (3) REPORT TO CONGRESS.—Not later than

17 March 30 of each year in which funds are made

18 available under subsection (a), the Secretary shall

19 submit to the Committee on Commerce of the House

20 of Representatives and the Committee on Commerce,

21 Science, and Transportation of the Senate a detailed

22 report setting forth—

23 (A) the manner in which appropriated

24 funds were expended;
92

HR 1000 EAS

1 (B) changes in the United States market

2 share of international tourism in general and as

3 measured against specific countries and regions;

4 (C) an analysis of the impact of inter5 national tourism on the United States economy,

6 including, as specifically as practicable, an anal7 ysis of the impact of expenditures made pursu8 ant to this section;

9 (D) an analysis of the impact of inter10 national tourism on the United States trade bal11 ance and, as specifically as practicable, an anal12 ysis of the impact on the trade balance of ex13 penditures made pursuant to this section; and

14 (E) an analysis of other relevant economic

15 impacts as a result of expenditures made pursu16 ant to this section.

17 SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON

18 PUBLIC-USE AIRPORTS.

19 It is the sense of the Senate that—

20 (1) property taxes on public-use airports should

21 be assessed fairly and equitably, regardless of the loca22 tion of the owner of the airport; and

23 (2) the property tax recently assessed on the City

24 of The Dalles, Oregon, as the owner and operator of

25 the Columbia Gorge Regional/The Dalles Municipal
93

HR 1000 EAS

1 Airport, located in the State of Washington, should be

2 repealed.

3 SEC. 424. FEDERAL AVIATION ADMINISTRATION PER4 SONNEL MANAGEMENT SYSTEM.

5 (a) APPLICABILITY OF MERIT SYSTEMS PROTECTION

6 BOARD PROVISIONS.—Section 347(b) of the Department of

7 Transportation and Related Agencies Appropriations Act,

8 1996 (109 Stat. 460) is amended—

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

10 (6);

11 (2) by striking the period at the end of para12 graph (7) and inserting a semicolon and ‘‘and’’; and

13 (3) by adding at the end thereof the following:

14 ‘‘(8) sections 1204, 1211–1218, 1221, and 7701–

15 7703, relating to the Merit Systems Protection

16 Board.’’.

17 (b) APPEALS TO MERIT SYSTEMS PROTECTION

18 BOARD.—Section 347(c) of the Department of Transpor19 tation and Related Agencies Appropriations Act, 1996 is

20 amended to read as follows:

21 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

22 BOARD.—Under the new personnel management system de23 veloped and implemented under subsection (a), an employee

24 of the Federal Aviation Administration may submit an ap25 peal to the Merit Systems Protection Board and may seek
94

HR 1000 EAS

1 judicial review of any resulting final orders or decisions

2 of the Board from any action that was appealable to the

3 Board under any law, rule, or regulation as of March 31,

4 1996.’’.

5 SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT

6 PARTS FOR USE IN RESPONDING TO OIL

7 SPILLS.

8 (a) AUTHORITY.—

9 (1) Notwithstanding section 202 of the Federal

10 Property and Administrative Services Act of 1949 (40

11 U.S.C. 483) and subject to subsections (b) and (c), the

12 Secretary of Defense may, during the period begin13 ning March 1, 1999, and ending on September 30,

14 2002, sell aircraft and aircraft parts referred to in

15 paragraph (2) to a person or entity that provides oil

16 spill response services (including the application of

17 oil dispersants by air) pursuant to an oil spill re18 sponse plan that has been approved by the Secretary

19 of the Department in which the Coast Guard is oper20 ating.

21 (2) The aircraft and aircraft parts that may be

22 sold under paragraph (1) are aircraft and aircraft

23 parts of the Department of Defense that are deter24 mined by the Secretary to be—
95

HR 1000 EAS

1 (A) excess to the needs of the Department;

2 and

3 (B) acceptable for commercial sale.

4 (b) CONDITIONS OF SALE.—Aircraft and aircraft

5 parts sold under subsection (a)—

6 (1) shall have as their primary purpose usage for

7 oil spill spotting, observation, and dispersant delivery

8 and may not have any secondary purpose that would

9 interfere with oil spill response efforts under an oil

10 spill response plan;

11 (2) may not be flown outside of or removed from

12 the United States except for the purpose of fulfilling

13 an international agreement to assist in oil spill dis14 persing efforts, for immediate response efforts for an

15 oil spill outside United States waters that has the po16 tential to threaten United States waters, or for other

17 purposes that are jointly approved by the Secretary

18 of Defense and the Secretary of Transportation.

19 (c) CERTIFICATION OF PERSONS AND ENTITIES.—The

20 Secretary of Defense may sell aircraft and aircraft parts

21 to a person or entity under subsection (a) only if the Sec22 retary of Transportation certifies to the Secretary of De23 fense, in writing, before the sale, that the person or entity

24 is capable of meeting the terms and conditions of a contract

25 to deliver oil spill dispersants by air, and that the overall
96

HR 1000 EAS

1 system to be employed by that person or entity for the deliv2 ery and application of oil spill dispersants has been suffi3 ciently tested to ensure that the person or entity is capable

4 of being included in an oil spill response plan that has been

5 approved by the Secretary of the Department in which the

6 Coast Guard is operating.

7 (d) REGULATIONS.—

8 (1) As soon as practicable after the date of enact9 ment of this Act, the Secretary of Defense shall, in

10 consultation with the Secretary of Transportation

11 and the Administrator of General Services, prescribe

12 regulations relating to the sale of aircraft and air13 craft parts under this section.

14 (2) The regulations shall—

15 (A) ensure that the sale of the aircraft and

16 aircraft parts is made at a fair market value as

17 determined by the Secretary of Defense, and, to

18 the extent practicable, on a competitive basis;

19 (B) require a certification by the purchaser

20 that the aircraft and aircraft parts will be used

21 only in accordance with the conditions set forth

22 in subsection (b);

23 (C) establish appropriate means of verifying

24 and enforcing the use of the aircraft and aircraft

25 parts by the purchaser and other end-users in
97

HR 1000 EAS

1 accordance with the conditions set forth in sub2 section (b) or pursuant to subsection (e); and

3 (D) ensure, to the maximum extent prac4 ticable, that the Secretary of Defense consults

5 with the Administrator of General Services and

6 with the heads of appropriate departments and

7 agencies of the Federal Government regarding al8 ternative requirements for such aircraft and air9 craft parts before the sale of such aircraft and

10 aircraft parts under this section.

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary of Defense may require such other terms and condi13 tions in connection with each sale of aircraft and aircraft

14 parts under this section as the Secretary considers appro15 priate for such sale. Such terms and conditions shall meet

16 the requirements of regulations prescribed under subsection

17 (d).

18 (f) REPORT.—Not later than March 31, 2002, the Sec19 retary of Defense shall submit to the Committee on Armed

20 Services of the Senate and the Committee on National Secu21 rity of the House of Representatives a report on the Sec22 retary’s exercise of authority under this section. The report

23 shall set forth—
98

HR 1000 EAS

1 (1) the number and types of aircraft sold under

2 the authority, and the terms and conditions under

3 which the aircraft were sold;

4 (2) the persons or entities to which the aircraft

5 were sold; and

6 (3) an accounting of the current use of the air7 craft sold.

8 (g) CONSTRUCTION.—Nothing in this section may be

9 construed as affecting the authority of the Administrator

10 of the Federal Aviation Administration under any other

11 provision of law.

12 (h) PROCEEDS FROM SALE.—The net proceeds of any

13 amounts received by the Secretary of Defense from the sale

14 of aircraft and aircraft parts under this section shall be

15 covered into the general fund of the Treasury as miscella16 neous receipts.

17 SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR

18 AND MAINTENANCE ADVISORY PANEL.

19 (a) ESTABLISHMENT OF PANEL.—The Administrator

20 of the Federal Aviation Administration—

21 (1) shall establish an Aircraft Repair and Main22 tenance Advisory Panel to review issues related to the

23 use and oversight of aircraft and aviation component

24 repair and maintenance facilities located within, or

25 outside of, the United States; and
99

HR 1000 EAS

1 (2) may seek the advice of the panel on any issue

2 related to methods to improve the safety of domestic

3 or foreign contract aircraft and aviation component

4 repair facilities.

5 (b) MEMBERSHIP.—The panel shall consist of—

6 (1) 8 members, appointed by the Administrator

7 as follows:

8 (A) 3 representatives of labor organizations

9 representing aviation mechanics;

10 (B) 1 representative of cargo air carriers;

11 (C) 1 representative of passenger air car12 riers;

13 (D) 1 representative of aircraft and avia14 tion component repair stations;

15 (E) 1 representative of aircraft manufactur16 ers; and

17 (F) 1 representative of the aviation indus18 try not described in the preceding subpara19 graphs;

20 (2) 1 representative from the Department of

21 Transportation, designated by the Secretary of Trans22 portation;

23 (3) 1 representative from the Department of

24 State, designated by the Secretary of State; and
100

HR 1000 EAS

1 (4) 1 representative from the Federal Aviation

2 Administration, designated by the Administrator.

3 (c) RESPONSIBILITIES.—The panel shall—

4 (1) determine how much aircraft and aviation

5 component repair work and what type of aircraft and

6 aviation component repair work is being performed

7 by aircraft and aviation component repair stations

8 located within, and outside of, the United States to

9 better understand and analyze methods to improve the

10 safety and oversight of such facilities; and

11 (2) provide advice and counsel to the Adminis12 trator with respect to aircraft and aviation compo13 nent repair work performed by those stations, staffing

14 needs, and any safety issues associated with that

15 work.

16 (d) FAA TO REQUEST INFORMATION FROM FOREIGN

17 AIRCRAFT REPAIR STATIONS.—

18 (1) COLLECTION OF INFORMATION.—The Admin19 istrator shall by regulation request aircraft and avia20 tion component repair stations located outside the

21 United States to submit such information as the Ad22 ministrator may require in order to assess safety

23 issues and enforcement actions with respect to the

24 work performed at those stations on aircraft used by

25 United States air carriers.
101

HR 1000 EAS

1 (2) DRUG AND ALCOHOL TESTING INFORMA2 TION.—Included in the information the Adminis3 trator requests under paragraph (1) shall be informa4 tion on the existence and administration of employee

5 drug and alcohol testing programs in place at such

6 stations, if applicable.

7 (3) DESCRIPTION OF WORK DONE.—Included in

8 the information the Administrator requests under

9 paragraph (1) shall be information on the amount

10 and type of aircraft and aviation component repair

11 work performed at those stations on aircraft registered

12 in the United States.

13 (e) FAA TO REQUEST INFORMATION ABOUT DOMES14 TIC AIRCRAFT REPAIR STATIONS.—If the Administrator

15 determines that information on the volume of the use of do16 mestic aircraft and aviation component repair stations is

17 needed in order to better utilize Federal Aviation Adminis18 tration resources, the Administrator may—

19 (1) require United States air carriers to submit

20 the information described in subsection (d) with re21 spect to their use of contract and noncontract aircraft

22 and aviation component repair facilities located in

23 the United States; and

24 (2) obtain information from such stations about

25 work performed for foreign air carriers.
102

HR 1000 EAS

1 (f) FAA TO MAKE INFORMATION AVAILABLE TO PUB2 LIC.—The Administrator shall make any information re3 ceived under subsection (d) or (e) available to the public.

4 (g) TERMINATION.—The panel established under sub5 section (a) shall terminate on the earlier of—

6 (1) the date that is 2 years after the date of en7 actment of this Act; or

8 (2) December 31, 2000.

9 (h) ANNUAL REPORT TO CONGRESS.—The Adminis10 trator shall report annually to the Congress on the number

11 and location of air agency certificates that were revoked,

12 suspended, or not renewed during the preceding year.

13 (i) DEFINITIONS.—Any term used in this section that

14 is defined in subtitle VII of title 49, United States Code,

15 has the meaning given that term in that subtitle.

16 SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA.

17 (a) IN GENERAL.—A memorandum of agreement be18 tween the Administrator of the Federal Aviation Adminis19 tration and any person that directly obtains aircraft situa20 tional display data from the Administration shall require

21 that—

22 (1) the person demonstrate to the satisfaction of

23 the Administrator that such person is capable of selec24 tively blocking the display of any aircraft-situation-
103

HR 1000 EAS

1 display-to-industry derived data related to any iden2 tified aircraft registration number; and

3 (2) the person agree to block selectively the air4 craft registration numbers of any aircraft owner or

5 operator upon the Administration’s request.

6 (b) EXISTING MEMORANDA TO BE CONFORMED.—The

7 Administrator shall conform any memoranda of agreement,

8 in effect on the date of enactment of this Act, between the

9 Administration and a person under which that person ob10 tains such data to incorporate the requirements of sub11 section (a) within 30 days after that date.

12 SEC. 428. ALLOCATION OF TRUST FUND FUNDING.

13 (a) DEFINITIONS.—In this section:

14 (1) AIRPORT AND AIRWAY TRUST FUND.—The

15 term ‘‘Airport and Airway Trust Fund’’ means the

16 trust fund established under section 9502 of the Inter17 nal Revenue Code of 1986.

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

19 the Secretary of Transportation.

20 (3) STATE.—The term ‘‘State’’ means each of the

21 States, the District of Columbia, and the Common22 wealth of Puerto Rico.

23 (4) STATE DOLLAR CONTRIBUTION TO THE AIR24 PORT AND AIRWAY TRUST FUND.—The term ‘‘State

25 dollar contribution to the Airport and Airway Trust
104

HR 1000 EAS

1 Fund’’, with respect to a State and fiscal year, means

2 the amount of funds equal to the amounts transferred

3 to the Airport and Airway Trust Fund under section

4 9502 of the Internal Revenue Code of 1986 that are

5 equivalent to the taxes described in section 9502(b) of

6 the Internal Revenue Code of 1986 that are collected

7 in that State.

8 (b) REPORTING.—

9 (1) IN GENERAL.—As soon as practicable after

10 the date of enactment of this Act, and annually there11 after, the Secretary of the Treasury shall report to the

12 Secretary the amount equal to the amount of taxes

13 collected in each State during the preceding fiscal

14 year that were transferred to the Airport and Airway

15 Trust Fund.

16 (2) REPORT BY SECRETARY.—Not later than 90

17 days after the date of enactment of this Act, and an18 nually thereafter, the Secretary shall prepare and

19 submit to Congress a report that provides, for each

20 State, for the preceding fiscal year—

21 (A) the State dollar contribution to the Air22 port and Airway Trust Fund; and

23 (B) the amount of funds (from funds made

24 available under section 48103 of title 49, United

25 States Code) that were made available to the
105

HR 1000 EAS

1 State (including any political subdivision there2 of) under chapter 471 of title 49, United States

3 Code.

4 SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS

5 AREA DEMONSTRATION PROJECT.

6 Within 18 months after the date of enactment of this

7 Act, the Administrator of the Federal Aviation Administra8 tion shall work with the Taos Pueblo to study the feasibility

9 of conducting a demonstration project to require all aircraft

10 that fly over Taos Pueblo and the Blue Lake Wilderness

11 Area of Taos Pueblo, New Mexico, to maintain a mandatory

12 minimum altitude of at least 5,000 feet above ground level.

13 SEC. 430. AIRLINE MARKETING DISCLOSURE.

14 (a) DEFINITIONS.—In this section:

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

16 the meaning given that term in section 40102 of title

17 49, United States Code.

18 (2) AIR TRANSPORTATION.—The term ‘‘air trans19 portation’’ has the meaning given that term in section

20 40102 of title 49, United States Code.

21 (b) FINAL REGULATIONS.—Not later than 90 days

22 after the date of enactment of this Act, the Secretary of

23 Transportation shall promulgate final regulations to pro24 vide for improved oral and written disclosure to each con25 sumer of air transportation concerning the corporate name
106

HR 1000 EAS

1 of the air carrier that provides the air transportation pur2 chased by that consumer. In issuing the regulations issued

3 under this subsection, the Secretary shall take into account

4 the proposed regulations issued by the Secretary on Janu5 ary 17, 1995, published at page 3359, volume 60, Federal

6 Register.

7 SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH

8 SEAS ACT.

9 (a) IN GENERAL.—Section 2 of the Death on the High

10 Seas Act (46 U.S.C. App. 762) is amended—

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

12 ‘‘The recovery’’; and

13 (2) by adding at the end thereof the following:

14 ‘‘(b) COMMERCIAL AVIATION.—

15 ‘‘(1) IN GENERAL.—If the death was caused dur16 ing commercial aviation, additional compensation for

17 nonpecuniary damages for wrongful death of a dece18 dent is recoverable in a total amount, for all bene19 ficiaries of that decedent, that shall not exceed the

20 greater of the pecuniary loss sustained or a sum total

21 of $750,000 from all defendants for all claims. Puni22 tive damages are not recoverable.

23 ‘‘(2) INFLATION ADJUSTMENT.—The $750,000

24 amount shall be adjusted, beginning in calendar year

25 2000 by the increase, if any, in the Consumer Price
107

HR 1000 EAS

1 Index for all urban consumers for the prior year over

2 the Consumer Price Index for all urban consumers for

3 the calendar year 1998.

4 ‘‘(3) NONPECUNIARY DAMAGES.—For purposes of

5 this subsection, the term ‘nonpecuniary damages’

6 means damages for loss of care, comfort, and compan7 ionship.’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) applies to any death caused during commercial

10 aviation occurring after July 16, 1996.

11 SEC. 432. FAA STUDY OF BREATHING HOODS.

12 The Administrator shall study whether breathing hoods

13 currently available for use by flight crews when smoke is

14 detected are adequate and report the results of that study

15 to the Congress within 120 days after the date of enactment

16 of this Act.

17 SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES

18 FOR FLIGHT DATA RECORDERS AND COCKPIT

19 VOICE RECORDERS.

20 The Administrator of the Federal Aviation Adminis21 tration shall study the need for an alternative power source

22 for on-board flight data recorders and cockpit voice record23 ers and shall report the results of that study to the Congress

24 within 120 days after the date of enactment of this Act.

25 If, within that time, the Administrator determines, after
108

HR 1000 EAS

1 consultation with the National Transportation Safety

2 Board that the Board is preparing recommendations with

3 respect to this subject matter and will issue those rec4 ommendations within a reasonable period of time, the Ad5 ministrator shall report to the Congress the Administrator’s

6 comments on the Board’s recommendations rather than con7 ducting a separate study.

8 SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT.

9 The Secretary of Transportation may not require an

10 eligible agency (as defined in section 40117(a)(2) of title

11 49, United States Code), to impose a passenger facility fee

12 (as defined in section 40117(a)(4) of that title) in order

13 to obtain a letter of intent under section 47110 of that title.

14 SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACK15 LOG.

16 (a) FINDINGS.—The Congress makes the following

17 findings:

18 (1) The transportation of hazardous materials

19 continues to present a serious aviation safety problem

20 which poses a potential threat to health and safety,

21 and can result in evacuations, emergency landings,

22 fires, injuries, and deaths.

23 (2) Although the Federal Aviation Administra24 tion budget for hazardous materials inspection in25 creased $10,500,000 in fiscal year 1998, the General
109

HR 1000 EAS

1 Accounting Office has reported that the backlog of

2 hazardous materials enforcement cases has increased

3 from 6 to 18 months.

4 (b) ELIMINATION OF HAZARDOUS MATERIALS EN5 FORCEMENT BACKLOG.—The Administrator of the Federal

6 Aviation Administration shall—

7 (1) make the elimination of the backlog in haz8 ardous materials enforcement cases a priority;

9 (2) seek to eliminate the backlog within 6 months

10 after the date of enactment of this Act; and

11 (3) make every effort to ensure that inspection

12 and enforcement of hazardous materials laws are car13 ried out in a consistent manner among all geographic

14 regions, and that appropriate fines and penalties are

15 imposed in a timely manner for violations.

16 (c) INFORMATION REGARDING PROGRESS.—The Ad17 ministrator shall provide information in oral or written

18 form to the Committee on Commerce, Science, and Trans19 portation, on a quarterly basis beginning 3 months after

20 the date of enactment of this Act for a year, on plans to

21 eliminate the backlog and enforcement activities undertaken

22 to carry out subsection (b).
110

HR 1000 EAS

1 SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEAS2 ING.

3 Nothwithstanding any other provision of law to the

4 contrary, the Administrator of the Federal Aviation Admin5 istration may establish a pilot program for fiscal years

6 2001 through 2004 to test and evaluate the benefits of long7 term contracts for the leasing of aviation equipment and

8 facilities. The Administrator shall establish criteria for the

9 program. The Administrator may enter into no more than

10 10 leasing contracts under this section, each of which shall

11 be for a period greater than 5 years, under which the equip12 ment or facility operates. The contracts to be evaluated may

13 include requirements related to oceanic and air traffic con14 trol, air-to-ground radio communications, and air traffic

15 control tower construction.

16 SEC. 437. PROHIBITIONS AGAINST SMOKING ON SCHED17 ULED FLIGHTS.

18 (a) IN GENERAL.—Section 41706 is amended to read

19 as follows:

20 ‘‘§ 41706. Prohibitions against smoking on scheduled

21 flights

22 ‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND

23 INTERSTATE AIR TRANSPORTATION.—An individual may

24 not smoke in an aircraft on a scheduled airline flight seg25 ment in interstate air transportation or intrastate air

26 transportation.
111

HR 1000 EAS

1 ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS2 PORTATION.—The Secretary of Transportation (referred to

3 in this subsection as the ‘Secretary’) shall require all air

4 carriers and foreign air carriers to prohibit on and after

5 October 1, 1999, smoking in any aircraft on a scheduled

6 airline flight segment within the United States or between

7 a place in the United States and a place outside the United

8 States.

9 ‘‘(c) LIMITATION ON APPLICABILITY.—

10 ‘‘(1) IN GENERAL.—If a foreign government ob11 jects to the application of subsection (b) on the basis

12 that subsection provides for an extraterritorial appli13 cation of the laws of the United States, the Secretary

14 may waive the application of subsection (b) to a for15 eign air carrier licensed by that foreign government

16 at such time as an alternative prohibition negotiated

17 under paragraph (2) becomes effective and is enforced

18 by the Secretary.

19 ‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant

20 to paragraph (1), a foreign government objects to the

21 prohibition under subsection (b), the Secretary shall

22 enter into bilateral negotiations with the objecting

23 foreign government to provide for an alternative

24 smoking prohibition.
112

HR 1000 EAS

1 ‘‘(d) REGULATIONS.—The Secretary shall prescribe

2 such regulations as are necessary to carry out this section.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the date that is 60 days after

5 the date of enactment of this Act.

6 SEC. 438. DESIGNATING CURRENT AND FORMER MILITARY

7 AIRPORTS.

8 Section 47118 is amended—

9 (1) by striking ‘‘12.’’ in subsection (a) and in10 serting ‘‘15.’’; and

11 (2) by striking ‘‘5-fiscal-year periods’’ in sub12 section (d) and inserting ‘‘periods, each not to exceed

13 5 fiscal years,’’.

14 SEC. 439. ROLLING STOCK EQUIPMENT.

15 (a) IN GENERAL.—Section 1168 of title 11, United

16 States Code, is amended to read as follows:

17 ‘‘§ 1168. Rolling stock equipment

18 ‘‘(a)(1) The right of a secured party with a security

19 interest in or of a lessor or conditional vendor of equipment

20 described in paragraph (2) to take possession of such equip21 ment in compliance with an equipment security agreement,

22 lease, or conditional sale contract, and to enforce any of

23 its other rights or remedies under such security agreement,

24 lease, or conditional sale contract, to sell, lease, or otherwise

25 retain or dispose of such equipment, is not limited or other-
113

HR 1000 EAS

1 wise affected by any other provision of this title or by any

2 power of the court, except that right to take possession and

3 enforce those other rights and remedies shall be subject to

4 section 362, if—

5 ‘‘(A) before the date that is 60 days after the

6 date of commencement of a case under this chapter,

7 the trustee, subject to the court’s approval, agrees to

8 perform all obligations of the debtor under such secu9 rity agreement, lease, or conditional sale contract;

10 and

11 ‘‘(B) any default, other than a default of a kind

12 described in section 365(b)(2), under such security

13 agreement, lease, or conditional sale contract—

14 ‘‘(i) that occurs before the date of com15 mencement of the case and is an event of default

16 therewith is cured before the expiration of such

17 60-day period;

18 ‘‘(ii) that occurs or becomes an event of de19 fault after the date of commencement of the case

20 and before the expiration of such 60-day period

21 is cured before the later of—

22 ‘‘(I) the date that is 30 days after the

23 date of the default or event of the default; or

24 ‘‘(II) the expiration of such 60-day pe25 riod; and
114

HR 1000 EAS

1 ‘‘(iii) that occurs on or after the expiration

2 of such 60-day period is cured in accordance

3 with the terms of such security agreement, lease,

4 or conditional sale contract, if cure is permitted

5 under that agreement, lease, or conditional sale

6 contract.

7 ‘‘(2) The equipment described in this paragraph—

8 ‘‘(A) is rolling stock equipment or accessories

9 used on rolling stock equipment, including super10 structures or racks, that is subject to a security inter11 est granted by, leased to, or conditionally sold to a

12 debtor; and

13 ‘‘(B) includes all records and documents relating

14 to such equipment that are required, under the terms

15 of the security agreement, lease, or conditional sale

16 contract, that is to be surrendered or returned by the

17 debtor in connection with the surrender or return of

18 such equipment.

19 ‘‘(3) Paragraph (1) applies to a secured party, lessor,

20 or conditional vendor acting in its own behalf or acting

21 as trustee or otherwise in behalf of another party.

22 ‘‘(b) The trustee and the secured party, lessor, or condi23 tional vendor whose right to take possession is protected

24 under subsection (a) may agree, subject to the court’s ap-
115

HR 1000 EAS

1 proval, to extend the 60-day period specified in subsection

2 (a)(1).

3 ‘‘(c)(1) In any case under this chapter, the trustee shall

4 immediately surrender and return to a secured party, les5 sor, or conditional vendor, described in subsection (a)(1),

6 equipment described in subsection (a)(2), if at any time

7 after the date of commencement of the case under this chap8 ter such secured party, lessor, or conditional vendor is enti9 tled pursuant to subsection (a)(1) to take possession of such

10 equipment and makes a written demand for such possession

11 of the trustee.

12 ‘‘(2) At such time as the trustee is required under

13 paragraph (1) to surrender and return equipment described

14 in subsection (a)(2), any lease of such equipment, and any

15 security agreement or conditional sale contract relating to

16 such equipment, if such security agreement or conditional

17 sale contract is an executory contract, shall be deemed re18 jected.

19 ‘‘(d) With respect to equipment first placed in service

20 on or prior to October 22, 1994, for purposes of this

21 section—

22 ‘‘(1) the term ‘lease’ includes any written agree23 ment with respect to which the lessor and the debtor,

24 as lessee, have expressed in the agreement or in a sub25 stantially contemporaneous writing that the agree-
116

HR 1000 EAS

1 ment is to be treated as a lease for Federal income

2 tax purposes; and

3 ‘‘(2) the term ‘security interest’ means a pur4 chase-money equipment security interest.

5 ‘‘(e) With respect to equipment first placed in service

6 after October 22, 1994, for purposes of this section, the term

7 ‘rolling stock equipment’ includes rolling stock equipment

8 that is substantially rebuilt and accessories used on such

9 equipment.’’.

10 (b) AIRCRAFT EQUIPMENT AND VESSELS.—Section

11 1110 of title 11, United States Code, is amended to read

12 as follows:

13 ‘‘§ 1110. Aircraft equipment and vessels

14 ‘‘(a)(1) Except as provided in paragraph (2) and sub15 ject to subsection (b), the right of a secured party with a

16 security interest in equipment described in paragraph (3),

17 or of a lessor or conditional vendor of such equipment, to

18 take possession of such equipment in compliance with a se19 curity agreement, lease, or conditional sale contract, and

20 to enforce any of its other rights or remedies, under such

21 security agreement, lease, or conditional sale contract, to

22 sell, lease, or otherwise retain or dispose of such equipment,

23 is not limited or otherwise affected by any other provision

24 of this title or by any power of the court.
117

HR 1000 EAS

1 ‘‘(2) The right to take possession and to enforce the

2 other rights and remedies described in paragraph (1) shall

3 be subject to section 362 if—

4 ‘‘(A) before the date that is 60 days after the

5 date of the order for relief under this chapter, the

6 trustee, subject to the approval of the court, agrees to

7 perform all obligations of the debtor under such secu8 rity agreement, lease, or conditional sale contract;

9 and

10 ‘‘(B) any default, other than a default of a kind

11 specified in section 365(b)(2), under such security

12 agreement, lease, or conditional sale contract—

13 ‘‘(i) that occurs before the date of the order

14 is cured before the expiration of such 60-day pe15 riod;

16 ‘‘(ii) that occurs after the date of the order

17 and before the expiration of such 60-day period

18 is cured before the later of—

19 ‘‘(I) the date that is 30 days after the

20 date of the default; or

21 ‘‘(II) the expiration of such 60-day pe22 riod; and

23 ‘‘(iii) that occurs on or after the expiration

24 of such 60-day period is cured in compliance

25 with the terms of such security agreement, lease,
118

HR 1000 EAS

1 or conditional sale contract, if a cure is per2 mitted under that agreement, lease, or contract.

3 ‘‘(3) The equipment described in this paragraph—

4 ‘‘(A) is—

5 ‘‘(i) an aircraft, aircraft engine, propeller,

6 appliance, or spare part (as defined in section

7 40102 of title 49) that is subject to a security in8 terest granted by, leased to, or conditionally sold

9 to a debtor that, at the time such transaction is

10 entered into, holds an air carrier operating cer11 tificate issued pursuant to chapter 447 of title 49

12 for aircraft capable of carrying 10 or more indi13 viduals or 6,000 pounds or more of cargo; or

14 ‘‘(ii) a documented vessel (as defined in sec15 tion 30101(1) of title 46) that is subject to a se16 curity interest granted by, leased to, or condi17 tionally sold to a debtor that is a water carrier

18 that, at the time such transaction is entered into,

19 holds a certificate of public convenience and ne20 cessity or permit issued by the Department of

21 Transportation; and

22 ‘‘(B) includes all records and documents relating

23 to such equipment that are required, under the terms

24 of the security agreement, lease, or conditional sale

25 contract, to be surrendered or returned by the debtor
119

HR 1000 EAS

1 in connection with the surrender or return of such

2 equipment.

3 ‘‘(4) Paragraph (1) applies to a secured party, lessor,

4 or conditional vendor acting in its own behalf or acting

5 as trustee or otherwise in behalf of another party.

6 ‘‘(b) The trustee and the secured party, lessor, or condi7 tional vendor whose right to take possession is protected

8 under subsection (a) may agree, subject to the approval of

9 the court, to extend the 60-day period specified in subsection

10 (a)(1).

11 ‘‘(c)(1) In any case under this chapter, the trustee shall

12 immediately surrender and return to a secured party, les13 sor, or conditional vendor, described in subsection (a)(1),

14 equipment described in subsection (a)(3), if at any time

15 after the date of the order for relief under this chapter such

16 secured party, lessor, or conditional vendor is entitled pur17 suant to subsection (a)(1) to take possession of such equip18 ment and makes a written demand for such possession to

19 the trustee.

20 ‘‘(2) At such time as the trustee is required under

21 paragraph (1) to surrender and return equipment described

22 in subsection (a)(3), any lease of such equipment, and any

23 security agreement or conditional sale contract relating to

24 such equipment, if such security agreement or conditional
120

HR 1000 EAS

1 sale contract is an executory contract, shall be deemed re2 jected.

3 ‘‘(d) With respect to equipment first placed in service

4 on or before October 22, 1994, for purposes of this section—

5 ‘‘(1) the term ‘lease’ includes any written agree6 ment with respect to which the lessor and the debtor,

7 as lessee, have expressed in the agreement or in a sub8 stantially contemporaneous writing that the agree9 ment is to be treated as a lease for Federal income

10 tax purposes; and

11 ‘‘(2) the term ‘security interest’ means a pur12 chase-money equipment security interest.’’.

13 SEC. 440. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

14 The Secretary of Transportation may waive all terms

15 contained in the 1949 deed of conveyance under which the

16 United States conveyed certain property then constituting

17 Selman Field, Louisiana, to the City of Monroe, Louisiana,

18 subject to the following conditions:

19 (1) The city agrees that in conveying any inter20 est in such property the city will receive an amount

21 for such interest that is equal to the fair market value

22 for such interest.

23 (2) The amount received by the city for such con24 veyance shall be used by the city—
121

HR 1000 EAS

1 (A) for the development, improvement, oper2 ation, or maintenance of a public airport; or

3 (B) for the development or improvement of

4 the city’s airport industrial park co-located with

5 the Monroe Regional Airport to the extent that

6 such development or improvement will result in

7 an increase, over time, in the amount the indus8 trial park will pay to the airport to an amount

9 that is greater than the amount the city received

10 for such conveyance.

11 SEC. 441. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

12 To maintain the efficient utilization of airports in the

13 high-growth Cincinnati local airport system, and to ensure

14 that the Cincinnati-Municipal Blue Ash Airport continues

15 to operate to relieve congestion at Cincinnati-Northern Ken16 tucky International Airport and to provide greater access

17 to the general aviation community beyond the expiration

18 of the City of Cincinnati’s grant obligations, the Secretary

19 of Transportation may approve the sale of Cincinnati-Mu20 nicipal Blue Ash Airport from the City of Cincinnati to

21 the City of Blue Ash upon a finding that the City of Blue

22 Ash meets all applicable requirements for sponsorship and

23 if the City of Blue Ash agrees to continue to maintain and

24 operate Blue Ash Airport, as generally contemplated and

25 described within the Blue Ash Master Plan Update dated
122

HR 1000 EAS

1 November 30, 1998, for a period of 20 years from the date

2 existing grant assurance obligations of the City of Cin3 cinnati expire.

4 SEC. 442. REPORT ON SPECIALTY METALS CONSORTIUM.

5 The Administrator of the Federal Aviation Adminis6 tration may work with a consortium of domestic metal pro7 ducers and aircraft engine manufacturers to improve the

8 quality of turbine engine materials and to address melting

9 technology enhancements. The Administrator shall report to

10 the Congress within 6 months after entering into an agree11 ment with any such consortium of such producers and man12 ufacturers on the goals and efforts of the consortium.

13 SEC. 443. PAVEMENT CONDITION.

14 The Administrator of the Federal Aviation Adminis15 tration may conduct a study on the extent of alkali silica

16 reactivity-induced pavement distress in concrete runways,

17 taxiways, and aprons for airports comprising the national

18 air transportation system. If the Administrator conducts

19 such a study, it shall include a determination based on in20 the-field inspections followed by petrographic analysis or

21 other similar techniques.

22 SEC. 444. INHERENTLY LOW-EMISSION AIRPORT VEHICLE

23 PILOT PROGRAM.

24 (a) IN GENERAL.—Subchapter I of chapter 471 is fur25 ther amended by adding at the end the following:
123

HR 1000 EAS

1 ‘‘§ 47137. Inherently low-emission airport vehicle pilot

2 program

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

4 shall carry out a pilot program at not more than 10 public5 use airports under which the sponsors of such airports may

6 use funds made available under section 48103 for use at

7 such airports to carry out inherently low-emission vehicle

8 activities. Notwithstanding any other provision of this sub9 chapter, inherently low-emission vehicle activities shall for

10 purposes of the pilot program be treated as eligible for as11 sistance under this subchapter.

12 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

13 AREAS.—

14 ‘‘(1) IN GENERAL.—A public-use airport shall be

15 eligible for participation in the pilot program only if

16 the airport is located in an air quality nonattain17 ment area (as defined in section 171(2) of the Clean

18 Air Act (42 U.S.C. 7501(d)).

19 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec20 retary receives an insufficient number of applications

21 from public-use airports located in such areas, then

22 the Secretary may consider applications from public23 use airports that are not located in such areas.

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

25 applicants for participation in the pilot program, the Sec26 retary shall give priority consideration to applicants that
124

HR 1000 EAS

1 will achieve the greatest air quality benefits measured by

2 the amount of emissions reduced per dollar of funds ex3 pended under the pilot program.

4 ‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Not5 withstanding any other provision of this subchapter, the

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

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

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

9 may be expended under the pilot program at any single

10 public-use airport.

11 ‘‘(f) TECHNICAL ASSISTANCE.—

12 ‘‘(1) IN GENERAL.—Participants carrying out

13 inherently low-emission vehicle activities under this

14 pilot program may use no less than 10 percent of the

15 amounts made available for expenditure at the air16 port under the pilot program to receive technical as17 sistance in carrying out such activities.

18 ‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum

19 extent practicable, participants in the pilot program

20 shall use an eligible consortium (as defined in section

21 5506 of this title) in the region of the airport to re22 ceive technical assistance described in paragraph (1).

23 ‘‘(3) PLANNING ASSISTANCE.—The administrator

24 may provide $500,000 from funds made available

25 under section 48103 to a multi-State, western re-
125

HR 1000 EAS

1 gional technology consortium for the purposes of de2 veloping for dissemination prior to the commencement

3 of the pilot program a comprehensive best practices

4 planning guide that addresses appropriate tech5 nologies, environmental and economic impacts, and

6 the role of planning and mitigation strategies.

7 ‘‘(g) REPORT TO CONGRESS.—Not later than 18

8 months after the date of the enactment of the Air Transpor9 tation Improvement Act, the Secretary shall transmit to the

10 Committee on Transportation and Infrastructure of the

11 House of Representatives and the Committee on Commerce,

12 Science, and Transportation of the Senate a report

13 containing—

14 ‘‘(1) an evaluation of the effectiveness of the pilot

15 program;

16 ‘‘(2) an identification of other public-use air17 ports that expressed an interest in participating in

18 the pilot program; and

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

20 Secretary to ensure that the information and know21 how gained by participants to the pilot program is

22 transferred among the participants and to other in23 terested parties, including other public-use airports.
126

HR 1000 EAS

1 ‘‘(h) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY

2 DEFINED.—In this section, the term ‘inherently low-emis3 sion vehicle activity’ means—

4 ‘‘(1) the construction of infrastructure or modi5 fications at public-use airports to enable the delivery

6 of fuel and services necessary for the use of vehicles

7 that are certified as inherently low-emission vehicles

8 under title 40 of the Code of Federal Regulations,

9 that—

10 ‘‘(A) operate exclusively on compressed nat11 ural gas, liquefied natural gas, liquefied petro12 leum gas, electricity, hydrogen, or a blend at

13 least 85 percent of which is methanol;

14 ‘‘(B) are labeled in accordance with section

15 88.312–93(c) of such title; and

16 ‘‘(C) are located or primarily used at pub17 lic-use airports;

18 ‘‘(2) the construction of infrastructure or modi19 fications at public-use airports to enable the delivery

20 of fuel and services necessary for the use of non-road

21 vehicles that—

22 ‘‘(A) operate exclusively on compressed nat23 ural gas, liquefied natural gas, liquefied petro24 leum gas, electricity, hydrogen, or a blend at

25 least 85 percent of which is methanol;
127

HR 1000 EAS

1 ‘‘(B) meet or exceed the standards set forth

2 in section 86.1708–99 of title 40 of the Code of

3 Federal Regulations, or the standards set forth

4 in section 89.112(a) of such title, and are in

5 compliance with the requirements of section

6 89.112(b) of such title; and

7 ‘‘(C) are located or primarily used at pub8 lic-use airports;

9 ‘‘(3) the payment of that portion of the cost of

10 acquiring such vehicles that exceeds the cost of acquir11 ing other vehicles or engines that would be used for

12 the same purpose; or

13 ‘‘(4) the acquisition of technological capital

14 equipment to enable the delivery of fuel and services

15 necessary for the use of vehicles described in para16 graph (1).’’.

17 (b) CONFORMING AMENDMENT.—The analysis for sub18 chapter I of chapter 471 is further amended by adding at

19 the end the following:

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

20 SEC. 445. CONVEYANCE OF AIRPORT PROPERTY TO AN IN21 STITUTION OF HIGHER EDUCATION IN OKLA22 HOMA.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, including the Surplus Property Act of 1944

25 (58 Stat. 765, chapter 479; 50 U.S.C. App. 1622 et seq.),
128

HR 1000 EAS

1 the Secretary of Transportation (or the appropriate Federal

2 officer) may waive, without charge, any of the terms con3 tained in any deed of conveyance described in subsection

4 (b) that restrict the use of any land described in such a

5 deed that, as of the date of enactment of this Act, is not

6 being used for the operation of an airport or for air traffic.

7 A waiver made under the preceding sentence shall be

8 deemed to be consistent with the requirements of section

9 47153 of title 49, United States Code.

10 (b) DEED OF CONVEYANCE.—A deed of conveyance re11 ferred to in subsection (a) is a deed of conveyance issued

12 by the United States before the date of enactment of this

13 Act for the conveyance of lands to a public institution of

14 higher education in Oklahoma.

15 (c) USE OF LANDS SUBJECT TO WAIVER.—

16 (1) IN GENERAL.—Notwithstanding any other

17 provision of law, the lands subject to a waiver under

18 subsection (a) shall not be subject to any term, condi19 tion, reservation, or restriction that would otherwise

20 apply to that land as a result of the conveyance of

21 that land by the United States to the institution of

22 higher education.

23 (2) USE OF LANDS.—An institution of higher

24 education that is issued a waiver under subsection (a)

25 may use revenues derived from the use, operation, or
129

HR 1000 EAS

1 disposal of that land only for weather-related and

2 educational purposes that include benefits for avia3 tion.

4 (d) GRANTS.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of law, if an institution of higher education

7 that is subject to a waiver under subsection (a) re8 ceived financial assistance in the form of a grant

9 from the Federal Aviation Administration or a prede10 cessor agency before the date of enactment of this Act,

11 then the Secretary of Transportation may waive the

12 repayment of the outstanding amount of any grant

13 that the institution of higher education would other14 wise be required to pay.

15 (2) ELIGIBILITY TO RECEIVE SUBSEQUENT

16 GRANTS.—Nothing in paragraph (1) shall affect the

17 eligibility of an institution of higher education that

18 is subject to that paragraph from receiving grants

19 from the Secretary of Transportation under chapter

20 471 of title 49, United States Code, or under any

21 other provision of law relating to financial assistance

22 provided through the Federal Aviation Administra23 tion.
130

HR 1000 EAS

1 SEC. 446. AUTOMATED SURFACE OBSERVATION SYSTEM/

2 AUTOMATED WEATHER OBSERVING SYSTEM

3 UPGRADE.

4 Section 48101 is further amended by adding at the end

5 the following:

6 ‘‘(f) AUTOMATED SURFACE OBSERVATION SYSTEM/

7 AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE.—

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

9 years beginning after September 30, 2000, such sums as

10 may be necessary for the implementation and use of up11 grades to the current automated surface observation system/

12 automated weather observing system, if the upgrade is suc13 cessfully demonstrated.’’.

14 SEC. 447. TERMINAL AUTOMATED RADAR DISPLAY AND IN15 FORMATION SYSTEM.

16 The Administrator of the Federal Aviation Adminis17 tration shall develop a national policy and related proce18 dures concerning the Terminal Automated Radar Display

19 and Information System and sequencing for Visual Flight

20 Rule air traffic control towers.

21 SEC. 448. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G

22 SEATS.

23 Before the Administrator of the Federal Aviation Ad24 ministration issues a final rule requiring the air carriers

25 to retrofit existing aircraft with 16G seats, the Adminis26 trator shall conduct, in consultation with the Inspector
131

HR 1000 EAS

1 General of the Department of Transportation, a comprehen2 sive analysis of the costs and benefits that would be associ3 ated with the issuance of such a final rule.

4 SEC. 449. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL

5 AIRPORT.

6 The Secretary of Transportation may grant a release

7 from any term or condition in a grant agreement for the

8 development or improvement of the Raleigh County Memo9 rial Airport, West Virginia, if the Secretary determines that

10 the property to be released—

11 (1) does not exceed 400 acres; and

12 (2) is not needed for airport purposes.

13 SEC. 450. AIRPORT SAFETY NEEDS.

14 (a) IN GENERAL.—The Administrator shall conduct a

15 study reviewing current and future airport safety needs

16 that—

17 (1) focuses specifically on the mission of rescue

18 personnel, rescue operations response time, and extin19 guishing equipment; and

20 (2) gives particular consideration to the need for

21 different requirements for airports that are related to

22 the size of the airport and the size of the community

23 immediately surrounding the airport.

24 (b) REPORT TRANSMITTED TO CONGRESS; DEAD25 LINE.—The Administrator shall transmit a report con-
132

HR 1000 EAS

1 taining the Administrator’s findings and recommendations

2 to the Aviation Subcommittee of the Senate Committee on

3 Commerce, Science, and Transportation and the Aviation

4 Subcommittee of the House of Representatives Committee

5 on Transportation and Infrastructure within 6 months

6 after the date of enactment of this Act.

7 (c) COST/BENEFIT ANALYSIS OF PROPOSED

8 CHANGES.—If the Administrator recommends, on the basis

9 of a study conducted under subsection (a), that part 139

10 of title 14, Code of Federal Regulations, should be revised

11 to meet current and future airport safety needs, the Admin12 istrator shall include a cost-benefit analysis of any rec13 ommended changes in the report.

14 SEC. 451. FLIGHT TRAINING OF INTERNATIONAL STU15 DENTS.

16 The Federal Aviation Administration shall implement

17 a bilateral aviation safety agreement for conversion of flight

18 crew licenses between the government of the United States

19 and the Joint Aviation Authority member governments.

20 SEC. 452. GRANT PARISH, LOUISIANA.

21 IN GENERAL.—The United States may release, with22 out monetary consideration, all restrictions, conditions, and

23 limitations on the use, encumbrance, or conveyance of cer24 tain land located in Grant Parish, Louisiana, identified

25 as Tracts B, C, and D on the map entitled ‘‘Plat of Re-
133

HR 1000 EAS

1 stricted Properties/Former Pollock Army Airfield, Pollock,

2 Louisiana’’, dated August 1, 1996, to the extent such restric3 tions, conditions, and limitations are enforceable by the

4 United States, but the United States shall retain the right

5 of access to, and use of, that land for national defense pur6 poses in time of war or national emergency.

7 (b) MINERAL RIGHTS.—Nothing in subsection (a) af8 fects the ownership or disposition of oil, gas, or other min9 eral resources associated with land described in subsection

10 (a).

11 SEC. 453. DESIGNATION OF GENERAL AVIATION AIRPORT.

12 Section 47118 of title 49, United States Code, is

13 amended—

14 (1) in the second sentence of subsection (a), by

15 striking ‘‘12’’ and inserting ‘‘15’’; and

16 (2) by adding at the end the following new sub17 section:

18 ‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—

19 Notwithstanding any other provision of this section, at least

20 one of the airports designated under subsection (a) may be

21 a general aviation airport that is a former military instal22 lation closed or realigned under a law described in sub23 section (a)(1).’’.

24 SEC. 454. AIRLINE DEREGULATION STUDY COMMISSION.

25 (a) ESTABLISHMENT OF COMMISSION.—
134

HR 1000 EAS

1 (1) ESTABLISHMENT.—There is established a

2 commission to be known as the Airline Deregulation

3 Study Commission (in this section referred to as the

4 ‘‘Commission’’).

5 (2) MEMBERSHIP.—

6 (A) COMPOSITION.—Subject to subpara7 graph (B), the Commission shall be composed of

8 15 members of whom—

9 (i) 5 shall be appointed by the Presi10 dent;

11 (ii) 5 shall be appointed by the Presi12 dent pro tempore of the Senate, 3 upon the

13 recommendation of the Majority Leader,

14 and 2 upon the recommendation of the Mi15 nority Leader of the Senate; and

16 (iii) 5 shall be appointed by the Speak17 er of the House of Representatives, 3 upon

18 the Speaker’s own initiative, and 2 upon

19 the recommendation of the Minority Leader

20 of the House of Representatives.

21 (B) MEMBERS FROM RURAL AREAS.—

22 (i) REQUIREMENT.—Of the individuals

23 appointed to the Commission under sub24 paragraph (A)—
135

HR 1000 EAS

1 (I) one of the individuals ap2 pointed under clause (i) of that sub3 paragraph shall be an individual who

4 resides in a rural area; and

5 (II) two of the individuals ap6 pointed under each of clauses (ii) and

7 (iii) of that subparagraph shall be in8 dividuals who reside in a rural area.

9 (ii) GEOGRAPHIC DISTRIBUTION.—The

10 appointment of individuals under subpara11 graph (A) pursuant to the requirement in

12 clause (i) of this subparagraph shall, to the

13 maximum extent practicable, be made so as

14 to ensure that a variety of geographic areas

15 of the country are represented in the mem16 bership of the Commission.

17 (C) DATE.—The appointments of the mem18 bers of the Commission shall be made not later

19 than 60 days after the date of the enactment of

20 this Act.

21 (3) PERIOD OF APPOINTMENT; VACANCIES.—

22 Members shall be appointed for the life of the Com23 mission. Any vacancy in the Commission shall not af24 fect its powers, but shall be filled in the same manner

25 as the original appointment.
136

HR 1000 EAS

1 (4) INITIAL MEETING.—Not later than 30 days

2 after the date on which all members of the Commis3 sion have been appointed, the Commission shall hold

4 its first meeting.

5 (5) MEETINGS.—The Commission shall meet at

6 the call of the Chairperson.

7 (6) QUORUM.—A majority of the members of the

8 Commission shall constitute a quorum, but a lesser

9 number of members may hold hearings.

10 (7) CHAIRPERSON.—The Commission shall select

11 a Chairman and Vice Chairperson from among its

12 members.

13 (b) DUTIES OF THE COMMISSION.—

14 (1) STUDY.—

15 (A) DEFINITIONS.—In this subsection, the

16 terms ‘air carrier’ and ‘air transportation’ have

17 the meanings given those terms in section

18 40102(a).

19 (B) CONTENTS.—The Commission shall

20 conduct a thorough study of the impacts of de21 regulation of the airline industry of the United

22 States on—

23 (i) the affordability, accessibility,

24 availability, and quality of air transpor-
137

HR 1000 EAS

1 tation, particularly in small-sized and me2 dium-sized communities;

3 (ii) economic development and job cre4 ation, particularly in areas that are under5 served by air carriers;

6 (iii) the economic viability of small7 sized airports; and

8 (iv) the long-term configuration of the

9 United States passenger air transportation

10 system.

11 (C) MEASUREMENT FACTORS.—In carrying

12 out the study under this subsection, the Commis13 sion shall develop measurement factors to ana14 lyze the quality of passenger air transportation

15 service provided by air carriers by identifying

16 the factors that are generally associated with

17 quality passenger air transportation service.

18 (D) BUSINESS AND LEISURE TRAVEL.—In

19 conducting measurements for an analysis of the

20 affordability of air travel, to the extent prac21 ticable, the Commission shall provide for appro22 priate control groups and comparisons with re23 spect to business and leisure travel.

24 (2) REPORT.—Not later than 1 year after the

25 date of the enactment of this Act, the Commission
138

HR 1000 EAS

1 shall submit an interim report to the President and

2 Congress, and not later than 18 months after the date

3 of the enactment of this Act, the Commission shall

4 submit a report to the President and Congress. Each

5 such report shall contain a detailed statement of the

6 findings and conclusions of the Commission, together

7 with its recommendations for such legislation and ad8 ministrative actions as it considers appropriate.

9 (c) POWERS OF THE COMMISSION.—

10 (1) HEARINGS.—The Commission may hold such

11 hearings, sit and act at such times and places, take

12 such testimony, and receive such evidence as the Com13 mission considers advisable to carry out the duties of

14 the Commission under this section.

15 (2) INFORMATION FROM FEDERAL AGENCIES.—

16 The Commission shall consult with the Comptroller

17 General of the United States and may secure directly

18 from any Federal department or agency such infor19 mation as the Commission considers necessary to

20 carry out the duties of the Commission under this sec21 tion. Upon request of the Chairperson of the Commis22 sion, the head of such department or agency shall fur23 nish such information to the Commission.

24 (3) POSTAL SERVICES.—The Commission may

25 use the United States mails in the same manner and
139

HR 1000 EAS

1 under the same conditions as other departments and

2 agencies of the Federal Government.

3 (4) GIFTS.—The Commission may accept, use,

4 and dispose of gifts or donations of services or prop5 erty.

6 (d) COMMISSION PERSONNEL MATTERS.—

7 (1) TRAVEL EXPENSES.—The members of the

8 Commission shall be allowed travel expenses, includ9 ing per diem in lieu of subsistence, at rates author10 ized for employees of agencies under subchapter I of

11 chapter 57 of title 5, United States Code, while away

12 from their homes or regular places of business in the

13 performance of services for the Commission.

14 (2) STAFF.—

15 (A) IN GENERAL.—The Chairperson of the

16 Commission may, without regard to the civil

17 service laws and regulations, appoint and termi18 nate an executive director and such other addi19 tional personnel as may be necessary to enable

20 the Commission to perform its duties. The em21 ployment of an executive director shall be subject

22 to confirmation by the Commission.

23 (B) COMPENSATION.—The Chairperson of

24 the Commission may fix the compensation of the

25 executive director and other personnel without
140

HR 1000 EAS

1 regard to the provisions of chapter 51 and sub2 chapter III of chapter 53 of title 5, United States

3 Code, relating to classification of positions and

4 General Schedule pay rates, except that the rate

5 of pay for the executive director and other per6 sonnel may not exceed the rate payable for level

7 V of the Executive Schedule under section 5316

8 of such title.

9 (3) DETAIL OF GOVERNMENT EMPLOYEES.—Any

10 Federal Government employee may be detailed to the

11 Commission without reimbursement, and such detail

12 shall be without interruption or loss of civil service

13 status or privilege.

14 (4) PROCUREMENT OF TEMPORARY AND INTER15 MITTENT SERVICES.—The Chairperson of the Com16 mission may procure temporary and intermittent

17 services under section 3109(b) of title 5, United States

18 Code, at rates for individuals which do not exceed the

19 daily equivalent of the annual rate of basic pay pre20 scribed for level V of the Executive Schedule under

21 section 5316 of such title.

22 (e) TERMINATION OF COMMISSION.—The Commission

23 shall terminate 90 days after the date on which the Com24 mission submits its report under subsection (b).

25 (f) AUTHORIZATION OF APPROPRIATIONS.—
141

HR 1000 EAS

1 (1) IN GENERAL.—There is authorized to be ap2 propriated $950,000 for fiscal year 2000 to the Com3 mission to carry out this section.

4 (2) AVAILABILITY.—Any sums appropriated pur5 suant to the authorization of appropriations in para6 graph (1) shall remain available until expended.

7 SEC. 455. NONDISCRIMINATION IN THE USE OF PRIVATE

8 AIRPORTS.

9 Chapter 401 of subtitle VII of title 49, United States

10 Code, is amended by inserting the following new section

11 after section 40122:

12 ‘‘§ 40123. Nondiscrimination in the use of private air13 ports

14 ‘‘(a) IN GENERAL.—Notwithstanding any other provi15 sion of law, no State, county, city or municipal government

16 may prohibit the use or full enjoyment of a private airport

17 within its jurisdiction by any person on the basis of that

18 person’s race, creed, color, national origin, sex, or ances19 try.’’.

20 SEC. 456. CURFEW.

21 Notwithstanding any other provision of law, any ex22 emptions granted to air carriers under this Act may not

23 result in additional operations at Ronald Reagan Wash24 ington National Airport between the hours of 10:00 p.m.

25 and 7:00 a.m.
142

HR 1000 EAS

1 SEC. 457. FEDERAL AVIATION ADMINISTRATION YEAR 2000

2 TECHNOLOGY SAFETY ENFORCEMENT ACT OF

3 1999.

4 (a) SHORT TITLE.—This section be cited as the ‘‘Fed5 eral Aviation Administration Year 2000 Technology Safety

6 Enforcement Act of 1999’’.

7 (b) DEFINITIONS.—In this section:

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal Avia10 tion Administration.

11 (2) AIR CARRIER OPERATING CERTIFICATE.—The

12 term ‘‘air carrier operating certificate’’ has the same

13 meaning as in section 44705 of title 49, United States

14 Code.

15 (3) YEAR 2000 TECHNOLOGY PROBLEM.—The

16 term ‘‘year 2000 technology problem’’ means a failure

17 by any device or system (including any computer sys18 tem and any microchip or integrated circuit embed19 ded in another device or product), or any software,

20 firmware, or other set or collection of processing in21 structions to process, to calculate, to compare, to se22 quence, to display, to store, to transmit, or to receive

23 year-2000 date-related data failures—

24 (A) to deal with or account for transitions

25 or comparisons from, into, and between the years

26 1999 and 2000 accurately;
143

HR 1000 EAS

1 (B) to recognize or accurately process any

2 specific date in 1999, 2000, or 2001; or

3 (C) to accurately account for the year

4 2000’s status as a leap year, including recogni5 tion and processing of the correct date on Feb6 ruary 29, 2000.

7 (c) RESPONSE TO REQUEST FOR INFORMATION.—Any

8 person who has an air carrier operating certificate shall

9 respond on or before November 1, 1999, to any request for

10 information from the Administrator regarding readiness of

11 that person with regard to the year 2000 technology problem

12 as it relates to the compliance of that person with applicable

13 safety regulations.

14 (d) FAILURE TO RESPOND.—

15 (1) SURRENDER OF CERTIFICATE.—After Novem16 ber 1, 1999, the Administrator shall make a decision

17 on the record whether to compel any air carrier that

18 has not responded on or before November 1, 1999, to

19 a request for information regarding the readiness of

20 that air carrier with regard to the year 2000 tech21 nology problem as it relates to the air carrier’s com22 pliance with applicable safety regulations to sur23 render its operating certificate to the Administrator.

24 (2) REINSTATEMENT OF CERTIFICATE.—The Ad25 ministrator may return an air carrier operating cer-
144

HR 1000 EAS

1 tificate that has been surrendered under this sub2 section upon—

3 (A) a finding by the Administrator that a

4 person whose certificate has been surrendered has

5 provided sufficient information to demonstrate

6 compliance with applicable safety regulations as

7 it relates to the year 2000 technology problem; or

8 (B) upon receipt of a certification, signed

9 under penalty or perjury, by the chief operating

10 officer of the air carrier, that such air carrier

11 has addressed the year 2000 technology problem

12 so that the air carrier will be in full compliance

13 with applicable safety regulations on and after

14 January 1, 2000.

15 SEC. 458. EXPRESSING THE SENSE OF THE SENATE CON16 CERNING AIR TRAFFIC OVER NORTHERN

17 DELAWARE.

18 (a) DEFINITION.—The term ‘‘Brandywine Intercept’’

19 means the point over Brandywine Hundred in northern

20 Delaware that pilots use for guidance and maintenance of

21 safe operation from other aircraft and over which most air22 craft pass on their East Operations approach to Philadel23 phia International Airport.

24 (b) FINDINGS.—Congress makes the following findings:
145

HR 1000 EAS

1 (1) The Brandywine Hundred area of New Cas2 tle County, Delaware serves as a major approach

3 causeway to Philadelphia International Airport’s

4 East Operations runways.

5 (2) The standard of altitude over the Brandy6 wine Intercept is 3,000 feet, with airport scatter

7 charts indicating that within a given hour of con8 sistent weather and visibility aircraft fly over the

9 Brandywine Hundred at anywhere from 2,500 to

10 4,000 feet.

11 (3) Lower airplane altitudes result in increased

12 ground noise.

13 (c) SENSE OF THE SENATE.—It is the sense of the Sen14 ate that the Secretary of Transportation should—

15 (1) include northern Delaware in any study of

16 aircraft noise conducted under part 150 of title 14 of

17 the Code of Federal Regulations required under the

18 National Environmental Policy Act of 1969 for the

19 redesign of the airspace surrounding Philadelphia

20 International Airport;

21 (2) study the feasibility, consistent with safety,

22 of placing the approach causeway for Philadelphia

23 International Airport’s East Operations over the

24 Delaware River (instead of Brandywine Hundred);

25 and
146

HR 1000 EAS

1 (3) study the feasibility of increasing the stand2 ard altitude over the Brandywine Intercept from

3 3,000 feet to 4,000 feet.

4 SEC. 459. STUDY OF OUTDOOR AIR, VENTILATION, AND RE5 CIRCULATION AIR REQUIREMENTS FOR PAS6 SENGER CABINS IN COMMERCIAL AIRCRAFT.

7 (a) DEFINITIONS.—In this section, the terms ‘‘air car8 rier’’ and ‘‘aircraft’’ have the meanings given those terms

9 in section 40102 of title 49, United States Code.

10 (b) IN GENERAL.—As soon as practicable after the date

11 of enactment of this section, the Secretary of Transportation

12 (referred to in this section as the ‘‘Secretary’’) shall conduct

13 a study of sources of air supply contaminants of aircraft

14 and air carriers to develop alternatives to replace engine

15 and auxiliary power unit bleed air as a source of air sup16 ply. To carry out this paragraph, the Secretary may enter

17 into an agreement with the Director of the National Acad18 emy of Sciences for the National Research Council to con19 duct the study.

20 (c) AVAILABILITY OF INFORMATION.—Upon comple21 tion of the study under this section in one year’s time, the

22 Administrator of the Federal Aviation Administration shall

23 make available the results of the study to air carriers

24 through the Aviation Consumer Protection Division of the
147

HR 1000 EAS

1 Office of the General Counsel for the Department of Trans2 portation.

3 SEC. 460. GENERAL AVIATION METROPOLITAN ACCESS AND

4 RELIEVER AIRPORT GRANT FUND.

5 (a) DEFINITION.—Title 49, United States Code, is

6 amended by adding the following new subparagraph at the

7 end of section 47144(d)(1):

8 ‘‘(C) GENERAL AVIATION METROPOLITAN

9 ACCESS AND RELIEVER AIRPORT.—‘General

10 Aviation Metropolitan Access and Reliever Air11 port’ means a Reliever Airport which has annual

12 operations in excess of 75,000 operations, a run13 way with a minimum usable landing distance of

14 5,000 feet, a precision instrument landing proce15 dure, a minimum of 150 based aircraft, and

16 where the adjacent Air Carrier Airport exceeds

17 20,000 hours of annual delays as determined by

18 the Federal Aviation Administration.’’.

19 (b) APPORTIONMENT.—Title 49, United States Code,

20 section 47114(d), is amended by adding at the end:

21 ‘‘(4) The Secretary shall apportion an additional

22 5 percent of the amount subject to apportionment for

23 each fiscal year to States that include a General

24 Aviation Metropolitan Access and Reliever Airport

25 equal to the percentage of the apportionment equal to
148

HR 1000 EAS

1 the percentage of the number of operations of the

2 State’s eligible General Aviation Metropolitan Access

3 and Reliever Airports compared to the total oper4 ations of all General Aviation Metropolitan Access

5 and Reliever Airports.’’.

6 SEC. 461. STUDY ON AIRPORT NOISE.

7 (a) IN GENERAL.—Not later than 18 months after the

8 date of enactment of this Act, the Administrator of the En9 vironmental Protection Agency shall submit a study on air10 port noise to Congress, the Secretary of Transportation, and

11 the Administrator of the Federal Aviation Administration.

12 (b) AREAS OF STUDY.—The study shall examine—

13 (1) the selection of noise measurement methodolo14 gies used by the Administrator of the Federal Avia15 tion Administration;

16 (2) the threshold of noise at which health impacts

17 are felt;

18 (3) the effectiveness of noise abatement programs

19 at airports around the United States; and

20 (4) the impacts of aircraft noise on students and

21 educators in schools.

22 (c) RECOMMENDATIONS.—The study shall include spe23 cific recommendations to the Secretary of Transportation

24 and the Administrator of the Federal Aviation Administra25 tion concerning new measures that should be implemented
149

HR 1000 EAS

1 to mitigate the impact of aircraft noise on communities sur2 rounding airports.

3 SEC. 462. SENSE OF THE SENATE CONCERNING EAS.

4 (a) SENSE OF THE SENATE.—It is the sense of the Sen5 ate that—

6 (1) essential air service (EAS) to smaller com7 munities remains vital, and that the difficulties en8 countered by many communities in retaining EAS

9 warrant increased Federal attention;

10 (2) the FAA should give full consideration to

11 ending the local match required by Dickinson, North

12 Dakota.

13 (b) REPORT.—Not later than 60 days after enactment

14 of this legislation, the Secretary of Transportation shall re15 port to the Congress with an analysis of the difficulties

16 faced by many smaller communities in retaining EAS and

17 a plan to facilitate easier EAS retention. This report shall

18 give particular attention to communities in North Dakota.

19 SEC. 463. AIRLINE QUALITY SERVICE REPORTS.

20 The Secretary of Transportation shall modify the Air21 line Service Quality Performance reports required under

22 part 234 of title 14, Code of Federal Regulations, to more

23 fully disclose to the public the nature and source of delays

24 and cancellations experienced by air travelers. Such modi25 fications shall include a requirement that air carriers re-
150

HR 1000 EAS

1 port delays and cancellations in categories which reflect the

2 reasons for such delays and cancellations. Such categories

3 and reporting shall be determined by the Administrator in

4 consultation with representatives of airline passengers, air

5 carriers, and airport operators, and shall include delays

6 and cancellations caused by air traffic control.

7 SEC. 464. PREVENTION OF FRAUDS INVOLVING AIRCRAFT

8 OR SPACE VEHICLE PARTS IN INTERSTATE

9 OR FOREIGN COMMERCE.

10 (a) SHORT TITLE.—This section may be cited as the

11 ‘‘Aircraft Safety Act of 1999’’.

12 (b) DEFINITIONS.—Section 31 of title 18, United

13 States Code, is amended by striking all after the section

14 heading and inserting the following:

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a

17 civil, military, or public contrivance invented, used,

18 or designed to navigate, fly, or travel in the air.

19 ‘‘(2) AVIATION QUALITY.—The term ‘aviation

20 quality’, with respect to a part of an aircraft or space

21 vehicle, means the quality of having been manufac22 tured, constructed, produced, repaired, overhauled, re23 built, reconditioned, or restored in conformity with

24 applicable standards specified by law (including a

25 regulation) or contract.
151

HR 1000 EAS

1 ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘de2 structive substance’ means an explosive substance,

3 flammable material, infernal machine, or other chem4 ical, mechanical, or radioactive device or matter of a

5 combustible, contaminative, corrosive, or explosive na6 ture.

7 ‘‘(4) IN FLIGHT.—The term ‘in flight’ means—

8 ‘‘(A) any time from the moment at which

9 all the external doors of an aircraft are closed

10 following embarkation until the moment when

11 any such door is opened for disembarkation; and

12 ‘‘(B) in the case of a forced landing, until

13 competent authorities take over the responsibility

14 for the aircraft and the persons and property on

15 board.

16 ‘‘(5) IN SERVICE.—The term ‘in service’ means—

17 ‘‘(A) any time from the beginning of pre18 flight preparation of an aircraft by ground per19 sonnel or by the crew for a specific flight until

20 24 hours after any landing; and

21 ‘‘(B) in any event includes the entire period

22 during which the aircraft is in flight.

23 ‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’

24 means every description of carriage or other contriv25 ance propelled or drawn by mechanical power and
152

HR 1000 EAS

1 used for commercial purposes on the highways in the

2 transportation of passengers, passengers and prop3 erty, or property or cargo.

4 ‘‘(7) PART.—The term ‘part’ means a frame, as5 sembly, component, appliance, engine, propeller, ma6 terial, part, spare part, piece, section, or related inte7 gral or auxiliary equipment.

8 ‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’

9 means a man-made device, either manned or un10 manned, designed for operation beyond the Earth’s

11 atmosphere.

12 ‘‘(9) STATE.—The term ‘State’ means a State of

13 the United States, the District of Columbia, and any

14 commonwealth, territory, or possession of the United

15 States.

16 ‘‘(10) USED FOR COMMERCIAL PURPOSES.—The

17 term ‘used for commercial purposes’ means the car18 riage of persons or property for any fare, fee, rate,

19 charge or other consideration, or directly or indirectly

20 in connection with any business, or other undertaking

21 intended for profit.

22 ‘‘(b) TERMS DEFINED IN OTHER LAW.—In this chap23 ter, the terms ‘aircraft engine’, ‘air navigation facility’,

24 ‘appliance’, ‘civil aircraft’, ‘foreign air commerce’, ‘inter25 state air commerce’, ‘landing area’, ‘overseas air commerce’,
153

HR 1000 EAS

1 ‘propeller’, ‘spare part’, and ‘special aircraft jurisdiction

2 of the United States’ have the meanings given those terms

3 in sections 40102(a) and 46501 of title 49.’’.

4 (c) FRAUD.—

5 (1) IN GENERAL.—Chapter 2 of title 18, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘§ 38. Fraud involving aircraft or space vehicle parts

9 in interstate or foreign commerce

10 ‘‘(a) OFFENSES.—A person that, in or affecting inter11 state or foreign commerce, knowingly—

12 ‘‘(1)(A) falsifies or conceals a material fact;

13 ‘‘(B) makes any materially fraudulent represen14 tation; or

15 ‘‘(C) makes or uses any materially false writing,

16 entry, certification, document, record, data plate,

17 label, or electronic communication;

18 concerning any aircraft or space vehicle part;

19 ‘‘(2) exports from or imports or introduces into

20 the United States, sells, trades, installs on or in any

21 aircraft or space vehicle any aircraft or space vehicle

22 part using or by means of a fraudulent representa23 tion, document, record, certification, depiction, data

24 plate, label, or electronic communication; or
154

HR 1000 EAS

1 ‘‘(3) attempts or conspires to commit an offense

2 described in paragraph (1) or (2);

3 shall be punished as provided in subsection (b).

4 ‘‘(b) PENALTIES.—The punishment for an offense

5 under subsection (a) is as follows:

6 ‘‘(1) AVIATION QUALITY.—If the offense relates to

7 the aviation quality of a part and the part is in8 stalled in an aircraft or space vehicle, a fine of not

9 more than $500,000, imprisonment for not more than

10 25 years, or both.

11 ‘‘(2) FAILURE TO OPERATE AS REPRESENTED.—

12 If, by reason of the failure of the part to operate as

13 represented, the part to which the offense is related is

14 the probable cause of a malfunction or failure that re15 sults in serious bodily injury (as defined in section

16 1365) to or the death of any person, a fine of not

17 more than $1,000,000, imprisonment for any term of

18 years or life, or both.

19 ‘‘(3) ORGANIZATIONS.—If the offense is com20 mitted by an organization, a fine of not more than

21 $25,000,000.

22 ‘‘(4) OTHER CIRCUMSTANCES.—In the case of an

23 offense not described in paragraph (1), (2), or (3), a

24 fine under this title, imprisonment for not more than

25 15 years, or both.
155

HR 1000 EAS

1 ‘‘(c) CIVIL REMEDIES.—

2 ‘‘(1) IN GENERAL.—The district courts of the

3 United States shall have jurisdiction to prevent and

4 restrain violations of this section by issuing appro5 priate orders, including—

6 ‘‘(A) ordering a person CONVICTED OF AN

7 OFFENSE UNDER THIS SECTION to divest any in8 terest, direct or indirect, in any enterprise, or to

9 destroy, or to mutilate and sell as scrap, aircraft

10 material or part inventories or stocks;

11 ‘‘(B) imposing reasonable restrictions on the

12 future activities or investments of any such per13 son, including prohibiting engagement in the

14 same type of endeavor as used to commit the of15 fense; and

16 ‘‘(C) ordering dissolution or reorganization

17 of any enterprise, making due provisions for the

18 rights and interests of innocent persons.

19 ‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—

20 Pending final determination of a proceeding brought

21 under this section, the court may enter such restrain22 ing orders or prohibitions, or take such other actions

23 (including the acceptance of satisfactory performance

24 bonds) as the court deems proper.
156

HR 1000 EAS

1 ‘‘(3) ESTOPPEL.—A final judgment rendered in

2 favor of the United States in any criminal proceeding

3 brought under this section shall estop the defendant

4 from denying the essential allegations of the criminal

5 offense in any subsequent civil proceeding brought by

6 the United States.

7 ‘‘(d) CRIMINAL FORFEITURE.—

8 ‘‘(1) IN GENERAL.—The court, in imposing sen9 tence on any person convicted of an offense under this

10 section, shall order, in addition to any other sentence

11 and irrespective of any provision of State law, that

12 the person forfeit to the United States—

13 ‘‘(A) any property constituting, or derived

14 from, any proceeds that the person obtained, di15 rectly or indirectly, as a result of the offense; and

16 ‘‘(B) any property used, or intended to be

17 used in any manner, to commit or facilitate the

18 commission of the offense.

19 ‘‘(2) APPLICATION OF OTHER LAW.—The for20 feiture of property under this section, including any

21 seizure and disposition of the property, and any pro22 ceedings relating to the property, shall be governed by

23 section 413 of the Comprehensive Drug Abuse and

24 Prevention Act of 1970 (21 U.S.C. 853) (not includ25 ing subsection (d) of that section).
157

HR 1000 EAS

1 ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This section

2 does not preempt or displace any other remedy, civil or

3 criminal, provided by Federal or State law for the fraudu4 lent importation, sale, trade, installation, or introduction

5 into commerce of an aircraft or space vehicle part.

6 ‘‘(f) TERRITORIAL SCOPE.—This section applies to

7 conduct occurring inside or outside the United States.

8 ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND PROCE9 DURES.—

10 ‘‘(1) AUTHORIZATION.—

11 ‘‘(A) SUBPOENAS.—In any investigation re12 lating to any act or activity involving an offense

13 under this section, the Attorney General may

14 issue in writing and cause to be served a

15 subpoena—

16 ‘‘(i) requiring the production of any

17 record (including any book, paper, docu18 ment, electronic medium, or other object or

19 tangible thing) that may be relevant to an

20 authorized law enforcement inquiry, that a

21 person or legal entity may possess or have

22 care or custody of or control over; and

23 ‘‘(ii) requiring a custodian of a record

24 to give testimony concerning the production

25 and authentication of the record.
158

HR 1000 EAS

1 ‘‘(B) CONTENTS.—A subpoena under sub2 paragraph (A) shall—

3 ‘‘(i) describe the object required to be

4 produced; and

5 ‘‘(ii) prescribe a return date within a

6 reasonable period of time within which the

7 object can be assembled and produced.

8 ‘‘(C) LIMITATION.—The production of a

9 record shall not be required under this section at

10 any place more than 500 miles from the place at

11 which the subpoena for the production of the

12 record is served.

13 ‘‘(D) WITNESS FEES.—A witness summoned

14 under this section shall be paid the same fees

15 and mileage as are paid witnesses in courts of

16 the United States.

17 ‘‘(b) SERVICE.—

18 ‘‘(1) IN GENERAL.—A subpoena issued under

19 subsection (a) may be served by any person who is at

20 least 18 years of age and is designated in the sub21 poena to serve the subpoena.

22 ‘‘(2) NATURAL PERSONS.—Service of a subpoena

23 issued under subsection (a) on a natural person may

24 be made by personal delivery of the subpoena to the

25 person.
159

HR 1000 EAS

1 ‘‘(3) CORPORATIONS AND OTHER ORGANIZA2 TIONS.—Service of a subpoena issued under sub3 section (a) on a domestic or foreign corporation or on

4 a partnership or other unincorporated association

5 that is subject to suit under a common name may be

6 made by delivering the subpoena to an officer, to a

7 managing or general agent, or to any other agent au8 thorized by appointment or by law to receive service

9 of process for the corporation, partnership, or associa10 tion.

11 ‘‘(4) PROOF OF SERVICE.—The affidavit of the

12 person serving the subpoena entered or a true copy of

13 such an affidavit shall be proof of service.

14 ‘‘(c) ENFORCEMENT.—

15 ‘‘(1) IN GENERAL.—In the case of a failure to

16 comply with a subpoena issued under subsection (a),

17 the Attorney General may invoke the aid of any court

18 of the United States within the jurisdiction of which

19 the investigation is carried on or of which the subpoe20 naed person is an inhabitant, or in which the subpoe21 naed person carries on business or may be found, to

22 compel compliance with the subpoena.

23 ‘‘(2) ORDERS.—The court may issue an order re24 quiring the subpoenaed person to appear before the

25 Attorney General to produce a record or to give testi-
160

HR 1000 EAS

1 mony concerning the production and authentication

2 of a record.

3 ‘‘(3) CONTEMPT.—Any failure to obey the order

4 of the court may be punished by the court as a con5 tempt of court.

6 ‘‘(4) PROCESS.—All process in a case under this

7 subsection may be served in any judicial district in

8 which the subpoenaed person may be found.

9 ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwith10 standing any Federal, State, or local law, any person (in11 cluding any officer, agent, or employee of a person) that

12 receives a subpoena under this section, who complies in good

13 faith with the subpoena and produces a record or material

14 sought by a subpoena under this section, shall not be liable

15 in any court of any State or the United States to any cus16 tomer or other person for the production or for nondisclo17 sure of the production to the customer.’’.

18 (2) CONFORMING AMENDMENTS.—

19 (A) CHAPTER ANALYSIS.—The analysis for

20 chapter 2 of title 18, United States Code, is

21 amended by adding at the end the following:

‘‘38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.’’.

22 (B) WIRE AND ELECTRONIC COMMUNICA23 TIONS.—Section 2516(1)(c) of title 18, United

24 States Code, is amended by inserting ‘‘section 38
161

HR 1000 EAS

1 (relating to aircraft parts fraud),’’ after ‘‘section

2 32 (relating to destruction of aircraft or aircraft

3 facilities),’’.

4 SEC. 465. PRESERVATION OF ESSENTIAL AIR SERVICE AT

5 DOMINATED HUB AIRPORTS.

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

7 amended by adding at the end thereof the following:

8 ‘‘§ 41743. Preservation of basic essential air service at

9 dominated hub airports

10 ‘‘(a) IN GENERAL.—If the Secretary of Transportation

11 determines that extraordinary circumstances jeopardize the

12 reliable and competitive performance of essential air service

13 under this subchapter from a subsidized essential air service

14 community to and from an essential airport facility, then

15 the Secretary may require the air carrier that has more

16 than 50 percent of the total annual enplanements at the

17 essential airport facility to take action to enable an air car18 rier to provide reliable and competitive essential air service

19 to that community. Action required by the Secretary under

20 this subsection may include interline agreements, ground

21 services, subleasing of gates, and the provision of any other

22 service or facility necessary for the performance of satisfac23 tory essential air service to that community.

24 ‘‘(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In

25 this section, the term ‘essential airport facility’ means a
162

HR 1000 EAS

1 large hub airport (as defined in section 41731) in the con2 tiguous 48 States at which 1 air carrier has more than 50

3 percent of the total annual enplanements at that airport.’’.

4 SEC. 466. AVAILABILITY OF FUNDS FOR GEORGIA’S RE5 GIONAL AIRPORT ENHANCEMENT PROGRAM.

6 Of the amounts made available to the Secretary of

7 Transportation for the fiscal year 2000 under section 48103

8 of title 49, United States Code, funds may be available for

9 Georgia’s regional airport enhancement program for the ac10 quisition of land.

11 TITLE V—AVIATION

12 COMPETITION PROMOTION

13 SEC. 501. PURPOSE.

14 The purpose of this title is to facilitate, through a 4-

15 year pilot program, incentives and projects that will help

16 up to 40 communities or consortia of communities to im17 prove their access to the essential airport facilities of the

18 national air transportation system through public-private

19 partnerships and to identify and establish ways to overcome

20 the unique policy, economic, geographic, and marketplace

21 factors that may inhibit the availability of quality, afford22 able air service to small communities.
163

HR 1000 EAS

1 SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIA2 TION DEVELOPMENT PROGRAM.

3 Section 102 is amended by adding at the end thereof

4 the following:

5 ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVELOPMENT

6 PROGRAM.—

7 ‘‘(1) ESTABLISHMENT.—The Secretary shall es8 tablish a 4-year pilot aviation development program

9 to be administered by a program director designated

10 by the Secretary.

11 ‘‘(2) FUNCTIONS.—The program director shall—

12 ‘‘(A) function as a facilitator between small

13 communities and air carriers;

14 ‘‘(B) carry out section 41743 of this title;

15 ‘‘(C) carry out the airline service restora16 tion program under sections 41744, 41745, and

17 41746 of this title;

18 ‘‘(D) ensure that the Bureau of Transpor19 tation Statistics collects data on passenger infor20 mation to assess the service needs of small com21 munities;

22 ‘‘(E) work with and coordinate efforts with

23 other Federal, State, and local agencies to in24 crease the viability of service to small commu25 nities and the creation of aviation development

26 zones; and
164

HR 1000 EAS

1 ‘‘(F) provide policy recommendations to the

2 Secretary and the Congress that will ensure that

3 small communities have access to quality, afford4 able air transportation services.

5 ‘‘(3) REPORTS.—The program director shall pro6 vide an annual report to the Secretary and the Con7 gress beginning in 2000 that—

8 ‘‘(A) analyzes the availability of air trans9 portation services in small communities, includ10 ing, but not limited to, an assessment of the air

11 fares charged for air transportation services in

12 small communities compared to air fares charged

13 for air transportation services in larger metro14 politan areas and an assessment of the levels of

15 service, measured by types of aircraft used, the

16 availability of seats, and scheduling of flights,

17 provided to small communities;

18 ‘‘(B) identifies the policy, economic, geo19 graphic and marketplace factors that inhibit the

20 availability of quality, affordable air transpor21 tation services to small communities; and

22 ‘‘(C) provides policy recommendations to

23 address the policy, economic, geographic, and

24 marketplace factors inhibiting the availability of
165

HR 1000 EAS

1 quality, affordable air transportation services to

2 small communities.’’.

3 SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

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

5 amended by adding at the end thereof the following:

6 ‘‘§ 41743. Air service program for small communities

7 ‘‘(a) COMMUNITIES PROGRAM.—Under advisory

8 guidelines prescribed by the Secretary of Transportation,

9 a small community or a consortia of small communities

10 or a State may develop an assessment of its air service re11 quirements, in such form as the program director des12 ignated by the Secretary under section 102(g) may require,

13 and submit the assessment and service proposal to the pro14 gram director.

15 ‘‘(b) SELECTION OF PARTICIPANTS.—In selecting com16 munity programs for participation in the communities pro17 gram under subsection (a), the program director shall apply

18 criteria, including geographical diversity and the presen19 tation of unique circumstances, that will demonstrate the

20 feasibility of the program. For purposes of this subsection,

21 the application of geographical diversity criteria means cri22 teria that—

23 ‘‘(1) will promote the development of a national

24 air transportation system; and
166

HR 1000 EAS

1 ‘‘(2) will involve the participation of commu2 nities in all regions of the country.

3 ‘‘(c) CARRIERS PROGRAM.—The program director

4 shall invite part 121 air carriers and regional/commuter

5 carriers (as such terms are defined in section 41715(d) of

6 this title) to offer service proposals in response to, or in

7 conjunction with, community aircraft service assessments

8 submitted to the office under subsection (a). A service pro9 posal under this paragraph shall include—

10 ‘‘(1) an assessment of potential daily passenger

11 traffic, revenues, and costs necessary for the carrier to

12 offer the service;

13 ‘‘(2) a forecast of the minimum percentage of

14 that traffic the carrier would require the community

15 to garner in order for the carrier to start up and

16 maintain the service; and

17 ‘‘(3) the costs and benefits of providing jet service

18 by regional or other jet aircraft.

19 ‘‘(d) PROGRAM SUPPORT FUNCTION.—The program

20 director shall work with small communities and air car21 riers, taking into account their proposals and needs, to fa22 cilitate the initiation of service. The program director—

23 ‘‘(1) may work with communities to develop in24 novative means and incentives for the initiation of

25 service;
167

HR 1000 EAS

1 ‘‘(2) may obligate funds authorized under section

2 504 of the Air Transportation Improvement Act to

3 carry out this section;

4 ‘‘(3) shall continue to work with both the carriers

5 and the communities to develop a combination of

6 community incentives and carrier service levels

7 that—

8 ‘‘(A) are acceptable to communities and

9 carriers; and

10 ‘‘(B) do not conflict with other Federal or

11 State programs to facilitate air transportation to

12 the communities;

13 ‘‘(4) designate an airport in the program as an

14 Air Service Development Zone and work with the

15 community on means to attract business to the area

16 surrounding the airport, to develop land use options

17 for the area, and provide data, working with the De18 partment of Commerce and other agencies;

19 ‘‘(5) take such other action under this chapter as

20 may be appropriate.

21 ‘‘(e) LIMITATIONS.—

22 ‘‘(1) COMMUNITY SUPPORT.—The program direc23 tor may not provide financial assistance under sub24 section (c)(2) to any community unless the program

25 director determines that—
168

HR 1000 EAS

1 ‘‘(A) a public-private partnership exists at

2 the community level to carry out the commu3 nity’s proposal;

4 ‘‘(B) the community will make a substan5 tial financial contribution that is appropriate

6 for that community’s resources, but of not less

7 than 25 percent of the cost of the project in any

8 event;

9 ‘‘(C) the community has established an open

10 process for soliciting air service proposals; and

11 ‘‘(D) the community will accord similar

12 benefits to air carriers that are similarly situ13 ated.

14 ‘‘(2) AMOUNT.—The program director may not

15 obligate more than $80,000,000 of the amounts au16 thorized under 504 of the Air Transportation Im17 provement Act over the 4 years of the program.

18 ‘‘(3) NUMBER OF PARTICIPANTS.—The program

19 established under subsection (a) shall not involve

20 more than 40 communities or consortia of commu21 nities.

22 ‘‘(f) REPORT.—The program director shall report

23 through the Secretary to the Congress annually on the

24 progress made under this section during the preceding year
169

HR 1000 EAS

1 in expanding commercial aviation service to smaller com2 munities.

3 ‘‘§ 41744. Pilot program project authority

4 ‘‘(a) IN GENERAL.—The program director designated

5 by the Secretary of Transportation under section 102(g)(1)

6 shall establish a 4-year pilot program—

7 ‘‘(1) to assist communities and States with inad8 equate access to the national transportation system to

9 improve their access to that system; and

10 ‘‘(2) to facilitate better air service link-ups to

11 support the improved access.

12 ‘‘(b) PROJECT AUTHORITY.—Under the pilot program

13 established pursuant to subsection (a), the program director

14 may—

15 ‘‘(1) out of amounts authorized under section

16 504 of the Air Transportation Improvement Act, pro17 vide financial assistance by way of grants to small

18 communities or consortia of small communities under

19 section 41743 of up to $500,000 per year; and

20 ‘‘(2) take such other action as may be appro21 priate.

22 ‘‘(c) OTHER ACTION.—Under the pilot program estab23 lished pursuant to subsection (a), the program director may

24 facilitate service by—
170

HR 1000 EAS

1 ‘‘(1) working with airports and air carriers to

2 ensure that appropriate facilities are made available

3 at essential airports;

4 ‘‘(2) collecting data on air carrier service to

5 small communities; and

6 ‘‘(3) providing policy recommendations to the

7 Secretary to stimulate air service and competition to

8 small communities.

9 ‘‘(d) ADDITIONAL ACTION.—Under the pilot program

10 established pursuant to subsection (a), the Secretary shall

11 work with air carriers providing service to participating

12 communities and major air carriers serving large hub air13 ports (as defined in section 41731(a)(3)) to facilitate joint

14 fare arrangements consistent with normal industry prac15 tice.

16 ‘‘§ 41745. Assistance to communities for service

17 ‘‘(a) IN GENERAL.—Financial assistance provided

18 under section 41743 during any fiscal year as part of the

19 pilot program established under section 41744(a) shall be

20 implemented for not more than—

21 ‘‘(1) 4 communities within any State at any

22 given time; and

23 ‘‘(2) 40 communities in the entire program at

24 any time.
171

HR 1000 EAS

1 For purposes of this subsection, a consortium of commu2 nities shall be treated as a single community.

3 ‘‘(b) ELIGIBILITY.—In order to participate in a pilot

4 project under this subchapter, a State, community, or group

5 of communities shall apply to the Secretary in such form

6 and at such time, and shall supply such information, as

7 the Secretary may require, and shall demonstrate to the sat8 isfaction of the Secretary that—

9 ‘‘(1) the applicant has an identifiable need for

10 access, or improved access, to the national air trans11 portation system that would benefit the public;

12 ‘‘(2) the pilot project will provide material bene13 fits to a broad section of the travelling public, busi14 nesses, educational institutions, and other enterprises

15 whose access to the national air transportation system

16 is limited;

17 ‘‘(3) the pilot project will not impede competi18 tion; and

19 ‘‘(4) the applicant has established, or will estab20 lish, public-private partnerships in connection with

21 the pilot project to facilitate service to the public.

22 ‘‘(c) COORDINATION WITH OTHER PROVISIONS OF

23 SUBCHAPTER.—The Secretary shall carry out the 4-year

24 pilot program authorized by this subchapter in such a man25 ner as to complement action taken under the other provi-
172

HR 1000 EAS

1 sions of this subchapter. To the extent the Secretary deter2 mines to be appropriate, the Secretary may adopt criteria

3 for implementation of the 4-year pilot program that are the

4 same as, or similar to, the criteria developed under the pre5 ceding sections of this subchapter for determining which

6 airports are eligible under those sections. The Secretary

7 shall also, to the extent possible, provide incentives where

8 no direct, viable, and feasible alternative service exists, tak9 ing into account geographical diversity and appropriate

10 market definitions.

11 ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The Sec12 retary shall structure the program established pursuant to

13 section 41744(a) in a way designed to—

14 ‘‘(1) permit the participation of the maximum

15 feasible number of communities and States over a 4-

16 year period by limiting the number of years of par17 ticipation or otherwise; and

18 ‘‘(2) obtain the greatest possible leverage from the

19 financial resources available to the Secretary and the

20 applicant by—

21 ‘‘(A) progressively decreasing, on a project22 by-project basis, any Federal financial incentives

23 provided under this chapter over the 4-year pe24 riod; and
173

HR 1000 EAS

1 ‘‘(B) terminating as early as feasible Fed2 eral financial incentives for any project deter3 mined by the Secretary after its implementation

4 to be—

5 ‘‘(i) viable without further support

6 under this subchapter; or

7 ‘‘(ii) failing to meet the purposes of

8 this chapter or criteria established by the

9 Secretary under the pilot program.

10 ‘‘(e) SUCCESS BONUS.—If Federal financial incentives

11 to a community are terminated under subsection (d)(2)(B)

12 because of the success of the program in that community,

13 then that community may receive a one-time incentive

14 grant to ensure the continued success of that program.

15 ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.—No new

16 financial assistance may be provided under this subchapter

17 for any fiscal year beginning more than 4 years after the

18 date of enactment of the Air Transportation Improvement

19 Act.

20 ‘‘§ 41746. Additional authority

21 ‘‘In carrying out this chapter, the Secretary—

22 ‘‘(1) may provide assistance to States and com23 munities in the design and application phase of any

24 project under this chapter, and oversee the implemen25 tation of any such project;
174

HR 1000 EAS

1 ‘‘(2) may assist States and communities in put2 ting together projects under this chapter to utilize pri3 vate sector resources, other Federal resources, or a

4 combination of public and private resources;

5 ‘‘(3) may accord priority to service by jet air6 craft;

7 ‘‘(4) take such action as may be necessary to en8 sure that financial resources, facilities, and adminis9 trative arrangements made under this chapter are

10 used to carry out the purposes of title V of the Air

11 Transportation Improvement Act; and

12 ‘‘(5) shall work with the Federal Aviation Ad13 ministration on airport and air traffic control needs

14 of communities in the program.’’.

15 (b) CONFORMING AMENDMENT.—The chapter analysis

16 for subchapter II of chapter 417 is amended by inserting

17 after the item relating to section 41742 the following:

‘‘41743. Air service program for small communities.

‘‘41744. Pilot program project authority.

‘‘41745. Assistance to communities for service.

‘‘41746. Additional authority.’’.

18 (c) WAIVER OF LOCAL CONTRIBUTION.—Section

19 41736(b) is amended by inserting after paragraph (4) the

20 following:

21 ‘‘Paragraph (4) does not apply to any community approved

22 for service under this section during the period beginning

23 October 1, 1991, and ending December 31, 1997.’’.
175

HR 1000 EAS

1 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Sec3 retary of Transportation $80,000,000 to carry out sections

4 41743 through 41746 of title 49, United States Code, for

5 the 4 fiscal-year period beginning with fiscal year 2000.

6 SEC. 505. MARKETING PRACTICES.

7 Section 41712 is amended—

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

9 ‘‘On’’; and

10 (2) by adding at the end thereof the following:

11 ‘‘(b) MARKETING PRACTICES THAT ADVERSELY AF12 FECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—

13 Within 180 days after the date of enactment of the Air

14 Transportation Improvement Act, the Secretary shall re15 view the marketing practices of air carriers that may in16 hibit the availability of quality, affordable air transpor17 tation services to small- and medium-sized communities,

18 including—

19 ‘‘(1) marketing arrangements between airlines

20 and travel agents;

21 ‘‘(2) code-sharing partnerships;

22 ‘‘(3) computer reservation system displays;

23 ‘‘(4) gate arrangements at airports;

24 ‘‘(5) exclusive dealing arrangements; and

25 ‘‘(6) any other marketing practice that may have

26 the same effect.
176

HR 1000 EAS

1 ‘‘(c) REGULATIONS.—If the Secretary finds, after con2 ducting the review required by subsection (b), that mar3 keting practices inhibit the availability of such service to

4 such communities, then, after public notice and an oppor5 tunity for comment, the Secretary may promulgate regula6 tions that address the problem, or take other appropriate

7 action. Nothing in this section expands the authority or ju8 risdiction of the Secretary to promulgate regulations under

9 the Federal Aviation Act or under any other Act.’’.

10 SEC. 506. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

11 (a) RULES THAT APPLY TO ALL SLOT EXEMPTION

12 REQUESTS.—

13 (1) PROMPT CONSIDERATION OF REQUESTS.—

14 Section 41714(i) is amended to read as follows:

15 ‘‘(i) 45-DAY APPLICATION PROCESS.—

16 ‘‘(1) REQUEST FOR SLOT EXEMPTIONS.—Any

17 slot exemption request filed with the Secretary under

18 this section, section 41717, or 41719 shall include—

19 ‘‘(A) the names of the airports to be served;

20 ‘‘(B) the times requested; and

21 ‘‘(C) such additional information as the

22 Secretary may require.

23 ‘‘(2) ACTION ON REQUEST; FAILURE TO ACT.—

24 Within 45 days after a slot exemption request under
177

HR 1000 EAS

1 this section, section 41717, or section 41719 is re2 ceived by the Secretary, the Secretary shall—

3 ‘‘(A) approve the request if the Secretary de4 termines that the requirements of the section

5 under which the request is made are met;

6 ‘‘(B) return the request to the applicant for

7 additional information; or

8 ‘‘(C) deny the request and state the reasons

9 for its denial.

10 ‘‘(3) 45-DAY PERIOD TOLLED FOR TIMELY RE11 QUEST FOR MORE INFORMATION.—If the Secretary re12 turns the request for additional information during

13 the first 10 days after the request is filed, then the 45-

14 day period shall be tolled until the date on which the

15 additional information is filed with the Secretary.

16 ‘‘(4) FAILURE TO DETERMINE DEEMED AP17 PROVAL.—If the Secretary neither approves the re18 quest under paragraph (2)(A) nor denies the request

19 under subparagraph (2)(C) within the 45-day period

20 beginning on the date it is received, excepting any

21 days during which the 45-day period is tolled under

22 paragraph (3), then the request is deemed to have

23 been approved on the 46th day after it was filed with

24 the Secretary.’’.
178

HR 1000 EAS

1 (2) EXEMPTIONS MAY NOT BE BOUGHT OR

2 SOLD.—Section 41714 is further amended by adding

3 at the end the following:

4 ‘‘(j) EXEMPTIONS MAY NOT BE BOUGHT OR SOLD.—

5 No exemption from the requirements of subparts K and S

6 of part 93 of title 14, Code of Federal Regulations, granted

7 under this section, section 41717, or section 41719 may be

8 bought or sold by the carrier to which it is granted.’’.

9 (3) EQUAL TREATMENT OF AFFILIATED CAR10 RIERS.—Section 41714, as amended by paragraph

11 (2), is further amended by adding at the end thereof

12 the following:

13 ‘‘(k) AFFILIATED CARRIERS.—For purposes of this sec14 tion, section 41717, 41718, and 41719, the Secretary shall

15 treat all commuter air carriers that have cooperative agree16 ments, including code-share agreements, with other air car17 riers equally for determining eligibility for the application

18 of any provision of those sections regardless of the form of

19 the corporate relationship between the commuter air carrier

20 and the other air carrier.’’.

21 (4) NEW ENTRANT SLOTS.—Section 41714(c) is

22 amended—

23 (A) by striking ‘‘(1) IN GENERAL.—’’;

24 (B) by striking ‘‘and the circumstances to

25 be exceptional,’’; and
179

HR 1000 EAS

1 (C) by striking paragraph (2).

2 (5) LIMITED INCUMBENT; REGIONAL JET.—Sec3 tion 40102 is amended by—

4 (A) inserting after paragraph (28) the fol5 lowing:

6 ‘‘(28A) The term ‘limited incumbent air carrier’

7 has the meaning given that term in subpart S of part

8 93 of title 14, Code of Federal Regulations, except

9 that ‘20’ shall be substituted for ‘12’ in sections

10 93.213(a)(5), 93.223(c)(3), and 93.225(h) as such sec11 tions were in effect on August 1, 1998.’’; and

12 (B) inserting after paragraph (37) the fol13 lowing:

14 ‘‘(37A) The term ‘regional jet’ means a pas15 senger, turbofan-powered aircraft carrying not fewer

16 than 30 and not more than 50 passengers.’’.

17 (b) PHASE-OUT OF SLOT RULES.—Chapter 417 is

18 amended—

19 (1) by redesignating sections 41715 and 41716

20 as sections 41720 and 41721; and

21 (2) by inserting after section 41714 the fol22 lowing:

23 ‘‘§ 41715. Phase-out of slot rules at certain airports

24 ‘‘(a) TERMINATION.—The rules contained in subparts

25 S and K of part 93, title 14, Code of Federal Regulations,
180

HR 1000 EAS

1 shall not apply after December 31, 2006, at LaGuardia Air2 port or John F. Kennedy International Airport.

3 ‘‘(b) FAA SAFETY AUTHORITY NOT COMPROMISED.—

4 Nothing in subsection (a) affects the Federal Aviation Ad5 ministration’s authority for safety and the movement of air

6 traffic.

7 (c) PRESERVATION OF EXISTING SERVICE.—Chapter

8 417, as amended by subsection (b), is amended by inserting

9 after section 41715 the following:

10 ‘‘§ 41716. Preservation of certain existing slot-related

11 air service

12 ‘‘An air carrier that provides air transportation of

13 passengers from a high density airport (other than Ronald

14 Reagan Washington National Airport) to a small hub air15 port or nonhub airport, or to an airport that is smaller

16 than a small hub or nonhub airport, on or before the date

17 of enactment of the Air Transportation Improvement Act

18 pursuant to an exemption from the requirements under sub19 parts K and S of part 93 of title 14, Code of Federal Regu20 lations (pertaining to slots at high density airports), or

21 where slots were issued to an airline conditioned on a spe22 cific airport being served, may not terminate air transpor23 tation service for that route for a period of 2 years (with

24 respect to service from LaGuardia Airport or John F. Ken25 nedy International Airport), or 4 years (with respect to
181

HR 1000 EAS

1 service from Chicago O’Hare International Airport), after

2 the date on which those requirements cease to apply to that

3 high density airport unless—

4 ‘‘(1) before October 1, 1999, the Secretary re5 ceived a written air service termination notice for

6 that route; or

7 ‘‘(2) after September 30, 1999, the air carrier

8 submits an air service termination notice under sec9 tion 41720 for that route and the Secretary deter10 mines that the carrier suffered excessive losses, includ11 ing substantial losses on operations on that route dur12 ing the calendar quarters immediately preceding sub13 mission of the notice.’’.

14 (d) SPECIAL RULES AFFECTING LAGUARDIA AIRPORT

15 AND JOHN F. KENNEDY INTERNATIONAL AIRPORT.—Chap16 ter 417, as amended by subsection (c), is amended by insert17 ing after section 41716 the following:

18 ‘‘§ 41717. Interim slot rules at New York airports

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

20 may, by order, grant exemptions from the requirements

21 under subparts K and S of part 93 of title 14, Code of Fed22 eral Regulations (pertaining to slots at high density air23 ports) with respect to a regional jet aircraft providing air

24 transportation between LaGuardia Airport or John F. Ken-
182

HR 1000 EAS

1 nedy International Airport and a small hub or nonhub

2 airport—

3 ‘‘(1) if the operator of the regional jet aircraft

4 was not providing such air transportation during the

5 week of June 15, 1999; or

6 ‘‘(2) if the level of air transportation to be pro7 vided between such airports by the operator of the re8 gional jet aircraft during any week will exceed the

9 level of air transportation provided by such operator

10 between such airports during the week of June 15,

11 1999.’’.

12 (e) SPECIAL RULES AFFECTING CHICAGO O’HARE

13 INTERNATIONAL AIRPORT.—

14 (1) IN GENERAL.—Subchapter I of chapter 417,

15 as amended by subsection (d), is amended by insert16 ing after section 41717 the following:

17 ‘‘§ 41718. Special Rules for Chicago O’Hare Inter18 national Airport

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

20 shall grant 30 slot exemptions over a 3-year period begin21 ning on the date of enactment of the Air Transportation

22 Improvement Act at Chicago O’Hare International Airport.

23 ‘‘(b) EQUIPMENT AND SERVICE REQUIREMENTS.—

24 ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp25 tion may not be granted under this section with re-
183

HR 1000 EAS

1 spect to any aircraft that is not a Stage 3 aircraft

2 (as defined by the Secretary).

3 ‘‘(2) SERVICE PROVIDED.—Of the exemptions

4 granted under subsection (a)—

5 ‘‘(A) 18 shall be used only for service to un6 derserved markets, of which no fewer than 6 shall

7 be designated as commuter slot exemptions; and

8 ‘‘(B) 12 shall be air carrier slot exemptions.

9 ‘‘(c) PROCEDURAL REQUIREMENTS.—Before granting

10 exemptions under subsection (a), the Secretary shall—

11 ‘‘(1) conduct an environmental review, taking

12 noise into account, and determine that the granting

13 of the exemptions will not cause a significant increase

14 in noise;

15 ‘‘(2) determine whether capacity is available and

16 can be used safely and, if the Secretary so determines

17 then so certify;

18 ‘‘(3) give 30 days notice to the public through

19 publication in the Federal Register of the Secretary’s

20 intent to grant the exemptions; and

21 ‘‘(4) consult with appropriate officers of the

22 State and local government on any related noise and

23 environmental issues.

24 ‘‘(d) UNDERSERVED MARKET DEFINED.—In this sec25 tion, the term ‘service to underserved markets’ means pas-
184

HR 1000 EAS

1 senger air transportation service to an airport that is a

2 nonhub airport or a small hub airport (as defined in para3 graphs (4) and (5), respectively, of section 41731(a)).’’.

4 (2) 3-YEAR REPORT.—The Secretary shall study

5 and submit a report 3 years after the first exemption

6 granted under section 41718(a) of title 49, United

7 States Code, is first used on the impact of the addi8 tional slots on the safety, environment, noise, access

9 to underserved markets, and competition at Chicago

10 O’Hare International Airport.

11 (f) SPECIAL RULES AFFECTING REAGAN WASHINGTON

12 NATIONAL AIRPORT.—

13 (1) IN GENERAL.—Chapter 417, as amended by

14 subsection (e), is amended by inserting after section

15 41718 the following:

16 ‘‘§ 41719. Special Rules for Ronald Reagan Wash17 ington National Airport

18 ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Sec19 retary shall by order grant exemptions from the application

20 of sections 49104(a)(5), 49109, 49111(e), and 41714 of this

21 title to air carriers to operate limited frequencies and air22 craft on select routes between Ronald Reagan Washington

23 National Airport and domestic hub airports and exemp24 tions from the requirements of subparts K and S of part
185

HR 1000 EAS

1 93, Code of Federal Regulations, if the Secretary finds that

2 the exemptions will—

3 ‘‘(1) provide air transportation service with do4 mestic network benefits in areas beyond the perimeter

5 described in that section;

6 ‘‘(2) increase competition by new entrant air

7 carriers or in multiple markets;

8 ‘‘(3) not reduce travel options for communities

9 served by small hub airports and medium hub air10 ports within the perimeter described in section 49109

11 of this title; and

12 ‘‘(4) not result in meaningfully increased travel

13 delays.

14 ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The Sec15 retary shall by order grant exemptions from the require16 ments of sections 49104(a)(5), 49111(e), and 41714 of this

17 title and subparts K and S of part 93 of title 14, Code

18 of Federal Regulations, to air carriers for service to airports

19 that were designated as medium-hub or smaller airports in

20 the Federal Aviation Administration’s Primary Airport

21 Enplanement Activity Summary for Calendar Year 1997

22 within the perimeter established for civil aircraft operations

23 at Ronald Reagan Washington National Airport under sec24 tion 49109. The Secretary shall develop criteria for distrib25 uting slot exemptions for flights within the perimeter to
186

HR 1000 EAS

1 such airports under this paragraph in a manner that pro2 motes air transportation—

3 ‘‘(1) by new entrant and limited incumbent air

4 carriers;

5 ‘‘(2) to communities without existing service to

6 Ronald Reagan Washington National Airport;

7 ‘‘(3) to small communities; or

8 ‘‘(4) that will provide competitive service on a

9 monopoly nonstop route to Ronald Reagan Wash10 ington National Airport.

11 ‘‘(c) LIMITATIONS.—

12 ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp13 tion may not be granted under this section with re14 spect to any aircraft that is not a Stage 3 aircraft

15 (as defined by the Secretary).

16 ‘‘(2) GENERAL EXEMPTIONS.—The exemptions

17 granted under subsections (a) and (b) may not in18 crease the number of operations at Ronald Reagan

19 Washington National Airport in any 1-hour period

20 during the hours between 7:00 a.m. and 9:59 p.m. by

21 more than 2 operations.

22 ‘‘(3) ADDITIONAL EXEMPTIONS.—The Secretary

23 shall grant exemptions under subsections (a) and (b)

24 that—
187

HR 1000 EAS

1 ‘‘(A) will result in 12 additional daily air

2 carrier slot exemptions at such airport for long3 haul service beyond the perimeter;

4 ‘‘(B) will result in 12 additional daily air

5 carrier slot exemptions at such airport for serv6 ice within the perimeter; and

7 ‘‘(C) will not result in additional daily slot

8 exemptions for service to any within-the-perim9 eter airport that was designated as a large-hub

10 airport in the Federal Aviation Administration’s

11 Primary Airport Enplanement Activity Sum12 mary for Calendar Year 1997.

13 ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND ENVI14 RONMENTAL IMPACTS.—The Secretary shall assess the

15 impact of granting exemptions, including the impacts

16 of the additional slots and flights at Ronald Reagan

17 Washington National Airport provided under sub18 sections (a) and (b) on safety, noise levels and the en19 vironment within 90 days of the date of the enact20 ment of the Air Transportation Improvement Act.

21 The environmental assessment shall be carried out in

22 accordance with parts 1500–1508 of title 40, Code of

23 Federal Regulations. Such environmental assessment

24 shall include a public meeting.
188

HR 1000 EAS

1 ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.—

2 Nothing in this section affects Exemption No. 5133,

3 as from time-to-time amended and extended.’’.

4 (2) OVERRIDE OF MWAA RESTRICTION.—Section

5 49104(a)(5) is amended by adding at the end thereof

6 the following:

7 ‘‘(D) Subparagraph (C) does not apply to any

8 increase in the number of instrument flight rule take9 offs and landings necessary to implement exemptions

10 granted by the Secretary under section 41719.’’.

11 (3) MWAA NOISE-RELATED GRANT ASSUR12 ANCES.—

13 (A) IN GENERAL.—In addition to any con14 dition for approval of an airport development

15 project that is the subject of a grant application

16 submitted to the Secretary of Transportation

17 under chapter 471 of title 49, United States

18 Code, by the Metropolitan Washington Airports

19 Authority, the Authority shall be required to sub20 mit a written assurance that, for each such grant

21 made to the Authority for fiscal year 2000 or

22 any subsequent fiscal year—

23 (i) the Authority will make available

24 for that fiscal year funds for noise compat25 ibility planning and programs that are eli-
189

HR 1000 EAS

1 gible to receive funding under chapter 471

2 of title 49, United States Code, in an

3 amount not less than 10 percent of the ag4 gregate annual amount of financial assist5 ance provided to the Authority by the Sec6 retary as grants under chapter 471 of title

7 49, United States Code; and

8 (ii) the Authority will not divert funds

9 from a high priority safety project in order

10 to make funds available for noise compat11 ibility planning and programs.

12 (B) WAIVER.—The Secretary of Transpor13 tation may waive the requirements of subpara14 graph (A) for any fiscal year for which the Sec15 retary determines that the Metropolitan Wash16 ington Airports Authority is in full compliance

17 with applicable airport noise compatibility plan18 ning and program requirements under part 150

19 of title 14, Code of Federal Regulations.

20 (C) SUNSET.—This paragraph shall cease to

21 be in effect 5 years after the date of enactment

22 of this Act if on that date the Secretary of

23 Transportation certifies that the Metropolitan

24 Washington Airports Authority has achieved full

25 compliance with applicable noise compatibility
190

HR 1000 EAS

1 planning and program requirements under part

2 150 of title 14, Code of Federal Regulations.

3 (4) REPORT.—Within 1 year after the date of

4 enactment of this Act, and biannually thereafter, the

5 Secretary shall certify to the United States Senate

6 Committee on Commerce, Science, and Transpor7 tation, the United States House of Representatives

8 Committee on Transportation and Infrastructure, the

9 Governments of Maryland, Virginia, and West Vir10 ginia and the metropolitan planning organization for

11 Washington, D.C., that noise standards, air traffic

12 congestion, airport-related vehicular congestion, safety

13 standards, and adequate air service to communities

14 served by small hub airports and medium hub air15 ports within the perimeter described in section 49109

16 of title 49, United States Code, have been maintained

17 at appropriate levels.

18 (g) NOISE COMPATIBILITY PLANNING AND PRO19 GRAMS.—Section 47117(e) is amended by adding at the end

20 the following:

21 ‘‘(3) The Secretary shall give priority in making

22 grants under paragraph (1)(A) to applications for

23 airport noise compatibility planning and programs

24 at and around—

25 ‘‘(A) LaGuardia Airport;
191

HR 1000 EAS

1 ‘‘(B) John F. Kennedy International Air2 port; and

3 ‘‘(C) Ronald Reagan Washington National

4 Airport.’’.

5 (h) STUDY OF COMMUNITY NOISE LEVELS AROUND

6 HIGH DENSITY AIRPORTS.—The Secretary of Transpor7 tation shall study community noise levels in the areas sur8 rounding the 4 high-density airports after the 100 percent

9 Stage 3 fleet requirements are in place, and compare those

10 levels with the levels in such areas before 1991.

11 (i) CONFORMING AMENDMENTS.—

12 (1) Section 49111 is amended by striking sub13 section (e).

14 (2) The chapter analysis for subchapter I of

15 chapter 417 is amended—

16 (A) by redesignating the items relating to

17 sections 41715 and 41716 as relating to sections

18 41720 and 41721, respectively; and

19 (B) by inserting after the item relating to

20 section 41714 the following:

‘‘41715. Phase-out of slot rules at certain airports.

‘‘41716. Preservation of certain existing slot-related air service.

‘‘41717. Interim slot rules at New York airports.

‘‘41718. Interim application of slot rules at Chicago O’Hare. International Airport.

‘‘41719. Special Rules for Ronald Reagan Washington National Airport.’’.

21 (3) CONFORMING AMENDMENT.—Section

22 41714(a)(3) is amended by adding at the end thereof
192

HR 1000 EAS

1 the following: ‘‘The 132 slot cap under this paragraph

2 does not apply to exemptions or slots made available

3 under section 41718.’’.

4 SEC. 507. CONSUMER NOTIFICATION OF E-TICKET EXPIRA5 TION DATES.

6 Section 41712, as amended by section 505 of this Act,

7 is amended by adding at the end thereof the following:

8 ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall be an

9 unfair or deceptive practice under subsection (a) for any

10 air carrier utilizing electronically transmitted tickets to fail

11 to notify the purchaser of such a ticket of its expiration

12 date, if any.’’.

13 SEC. 508. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

14 (a) PURPOSE.—The purpose of this section is to pro15 vide the Congress with an analysis of means to improve

16 service by jet aircraft to underserved markets by author17 izing a review of different programs of Federal financial

18 assistance, including loan guarantees like those that would

19 have been provided for by section 2 of S. 1353, 105th Con20 gress, as introduced, to commuter air carriers that would

21 purchase regional jet aircraft for use in serving those mar22 kets.

23 (b) STUDY.—The Secretary of Transportation shall

24 study the efficacy of a program of Federal loan guarantees

25 for the purchase of regional jets by commuter air carriers.
193

HR 1000 EAS

1 The Secretary shall include in the study a review of options

2 for funding, including alternatives to Federal funding. In

3 the study, the Secretary shall analyze—

4 (1) the need for such a program;

5 (2) its potential benefit to small communities;

6 (3) the trade implications of such a program;

7 (4) market implications of such a program for

8 the sale of regional jets;

9 (5) the types of markets that would benefit the

10 most from such a program;

11 (6) the competitive implications of such a pro12 gram; and

13 (7) the cost of such a program.

14 (c) REPORT.—The Secretary shall submit a report of

15 the results of the study to the Senate Committee on Com16 merce, Science, and Transportation and the House of Rep17 resentatives Committee on Transportation and Infrastruc18 ture not later than 24 months after the date of enactment

19 of this Act.
194

HR 1000 EAS

1 SEC. 509. REQUIREMENT TO ENHANCE COMPETITIVENESS

2 OF SLOT EXEMPTIONS FOR REGIONAL JET

3 AIR SERVICE AND NEW ENTRANT AIR CAR4 RIERS AT CERTAIN HIGH DENSITY TRAFFIC

5 AIRPORTS.

6 (a) IN GENERAL.—Subchapter I of chapter 417, as

7 amended by sections 507 and 508, is amended by adding

8 at the end thereof the following:

9 ‘‘§ 41721. Requirement to enhance competitiveness of

10 slot exemptions for nonstop regional jet

11 air service and new entrant air carriers

12 at certain airports

13 ‘‘In granting slot exemptions for nonstop regional jet

14 air service and new entrant air carriers under this sub15 chapter to John F. Kennedy International Airport, and La

16 Guardia Airport, the Secretary of Transportation shall re17 quire the Federal Aviation Administration to provide com18 mercially reasonable times to takeoffs and landings of air

19 flights conducted under those exemptions.’’.

20 (b) CONFORMING AMENDMENT.—The chapter analysis

21 for subchapter I of chapter 417, as amended by this title,

22 is amended by adding at the end thereof the following:

‘‘41721. Requirement to enhance competitiveness of slot exemptions for nonstop regional jet air service and new entrant air carriers at certain

airports.’’.
195

HR 1000 EAS

1 TITLE VI—NATIONAL PARKS

2 OVERFLIGHTS

3 SEC. 601. FINDINGS.

4 The Congress finds that—

5 (1) the Federal Aviation Administration has sole

6 authority to control airspace over the United States;

7 (2) the Federal Aviation Administration has the

8 authority to preserve, protect, and enhance the envi9 ronment by minimizing, mitigating, or preventing

10 the adverse effects of aircraft overflights on the public

11 and tribal lands;

12 (3) the National Park Service has the responsi13 bility of conserving the scenery and natural and his14 toric objects and wildlife in national parks and of

15 providing for the enjoyment of the national parks in

16 ways that leave the national parks unimpaired for fu17 ture generations;

18 (4) the protection of tribal lands from aircraft

19 overflights is consistent with protecting the public

20 health and welfare and is essential to the mainte21 nance of the natural and cultural resources of Indian

22 tribes;

23 (5) the National Parks Overflights Working

24 Group, composed of general aviation, air tour, envi25 ronmental, and Native American representatives, rec-
196

HR 1000 EAS

1 ommended that the Congress enact legislation based

2 on its consensus work product; and

3 (6) this title reflects the recommendations made

4 by that Group.

5 SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

6 PARKS.

7 (a) IN GENERAL.—Chapter 401, as amended by sec8 tion 301 of this Act, is amended by adding at the end the

9 following:

10 ‘‘§ 40126. Overflights of national parks

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

13 air tour operator may not conduct commercial air

14 tour operations over a national park or tribal lands

15 except—

16 ‘‘(A) in accordance with this section;

17 ‘‘(B) in accordance with conditions and

18 limitations prescribed for that operator by the

19 Administrator; and

20 ‘‘(C) in accordance with any effective air

21 tour management plan for that park or those

22 tribal lands.

23 ‘‘(2) APPLICATION FOR OPERATING AUTHOR24 ITY.—
197

HR 1000 EAS

1 ‘‘(A) APPLICATION REQUIRED.—Before com2 mencing commercial air tour operations over a

3 national park or tribal lands, a commercial air

4 tour operator shall apply to the Administrator

5 for authority to conduct the operations over that

6 park or those tribal lands.

7 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

8 CAPACITY PARKS.—Whenever a commercial air

9 tour management plan limits the number of

10 commercial air tour flights over a national park

11 area during a specified time frame, the Adminis12 trator, in cooperation with the Director, shall

13 authorize commercial air tour operators to pro14 vide such service. The authorization shall specify

15 such terms and conditions as the Administrator

16 and the Director find necessary for management

17 of commercial air tour operations over the na18 tional park. The Administrator, in cooperation

19 with the Director, shall develop an open competi20 tive process for evaluating proposals from per21 sons interested in providing commercial air tour

22 services over the national park. In making a se23 lection from among various proposals submitted,

24 the Administrator, in cooperation with the Di-
198

HR 1000 EAS

1 rector, shall consider relevant factors,

2 including—

3 ‘‘(i) the safety record of the company

4 or pilots;

5 ‘‘(ii) any quiet aircraft technology pro6 posed for use;

7 ‘‘(iii) the experience in commercial air

8 tour operations over other national parks or

9 scenic areas;

10 ‘‘(iv) the financial capability of the

11 company;

12 ‘‘(v) any training programs for pilots;

13 and

14 ‘‘(vi) responsiveness to any criteria de15 veloped by the National Park Service or the

16 affected national park.

17 ‘‘(C) NUMBER OF OPERATIONS AUTHOR18 IZED.—In determining the number of authoriza19 tions to issue to provide commercial air tour

20 service over a national park, the Administrator,

21 in cooperation with the Director, shall take into

22 consideration the provisions of the air tour man23 agement plan, the number of existing commercial

24 air tour operators and current level of service

25 and equipment provided by any such companies,
199

HR 1000 EAS

1 and the financial viability of each commercial

2 air tour operation.

3 ‘‘(D) COOPERATION WITH NPS.—Before

4 granting an application under this paragraph,

5 the Administrator shall, in cooperation with the

6 Director, develop an air tour management plan

7 in accordance with subsection (b) and implement

8 such plan.

9 ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP

10 APPLICATIONS.—The Administrator shall act on

11 any such application and issue a decision on the

12 application not later than 24 months after it is

13 received or amended.

14 ‘‘(3) EXCEPTION.—Notwithstanding paragraph

15 (1), commercial air tour operators may conduct com16 mercial air tour operations over a national park

17 under part 91 of the Federal Aviation Regulations

18 (14 CFR 91.1 et seq.) if—

19 ‘‘(A) such activity is permitted under part

20 119 (14 CFR 119.1(e)(2));

21 ‘‘(B) the operator secures a letter of agree22 ment from the Administrator and the national

23 park superintendent for that national park de24 scribing the conditions under which the flight op25 erations will be conducted; and
200

HR 1000 EAS

1 ‘‘(C) the total number of operations under

2 this exception is limited to not more than 5

3 flights in any 30-day period over a particular

4 park.

5 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE6 MENTS.—Notwithstanding subsection (c), an existing

7 commercial air tour operator shall, not later than 90

8 days after the date of enactment of the Air Transpor9 tation Improvement Act, apply for operating author10 ity under part 119, 121, or 135 of the Federal Avia11 tion Regulations (14 CFR Pt. 119, 121, or 135). A

12 new entrant commercial air tour operator shall apply

13 for such authority before conducting commercial air

14 tour operations over a national park or tribal lands.

15 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

16 ‘‘(1) ESTABLISHMENT OF ATMPS.—

17 ‘‘(A) IN GENERAL.—The Administrator

18 shall, in cooperation with the Director, establish

19 an air tour management plan for any national

20 park or tribal land for which such a plan is not

21 already in effect whenever a person applies for

22 authority to operate a commercial air tour over

23 the park. The development of the air tour man24 agement plan is to be a cooperative undertaking

25 between the Federal Aviation Administration
201

HR 1000 EAS

1 and the National Park Service. The air tour

2 management plan shall be developed by means of

3 a public process, and the agencies shall develop

4 information and analysis that explains the con5 clusions that the agencies make in the applica6 tion of the respective criteria. Such explanations

7 shall be included in the Record of Decision and

8 may be subject to judicial review.

9 ‘‘(B) OBJECTIVE.—The objective of any air

10 tour management plan shall be to develop accept11 able and effective measures to mitigate or pre12 vent the significant adverse impacts, if any, of

13 commercial air tours upon the natural and cul14 tural resources and visitor experiences and tribal

15 lands.

16 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es17 tablishing an air tour management plan under this

18 subsection, the Administrator and the Director shall

19 each sign the environmental decision document re20 quired by section 102 of the National Environmental

21 Policy Act of 1969 (42 U.S.C. 4332) which may in22 clude a finding of no significant impact, an environ23 mental assessment, or an environmental impact state24 ment, and the Record of Decision for the air tour

25 management plan.
202

HR 1000 EAS

1 ‘‘(3) CONTENTS.—An air tour management plan

2 for a national park—

3 ‘‘(A) may prohibit commercial air tour op4 erations in whole or in part;

5 ‘‘(B) may establish conditions for the con6 duct of commercial air tour operations, includ7 ing commercial air tour routes, maximum or

8 minimum altitudes, time-of-day restrictions, re9 strictions for particular events, maximum num10 ber of flights per unit of time, intrusions on pri11 vacy on tribal lands, and mitigation of noise,

12 visual, or other impacts;

13 ‘‘(C) shall apply to all commercial air tours

within 1 14 ⁄2 mile outside the boundary of a na15 tional park;

16 ‘‘(D) shall include incentives (such as pre17 ferred commercial air tour routes and altitudes,

18 relief from caps and curfews) for the adoption of

19 quiet aircraft technology by commercial air tour

20 operators conducting commercial air tour oper21 ations at the park;

22 ‘‘(E) shall provide for the initial allocation

23 of opportunities to conduct commercial air tours

24 if the plan includes a limitation on the number
203

HR 1000 EAS

1 of commercial air tour flights for any time pe2 riod; and

3 ‘‘(F) shall justify and document the need for

4 measures taken pursuant to subparagraphs (A)

5 through (E).

6 ‘‘(4) PROCEDURE.—In establishing a commercial

7 air tour management plan for a national park, the

8 Administrator and the Director shall—

9 ‘‘(A) initiate at least one public meeting

10 with interested parties to develop a commercial

11 air tour management plan for the park;

12 ‘‘(B) publish the proposed plan in the Fed13 eral Register for notice and comment and make

14 copies of the proposed plan available to the pub15 lic;

16 ‘‘(C) comply with the regulations set forth

17 in sections 1501.3 and 1501.5 through 1501.8 of

18 title 40, Code of Federal Regulations (for pur19 poses of complying with those regulations, the

20 Federal Aviation Administration is the lead

21 agency and the National Park Service is a co22 operating agency); and

23 ‘‘(D) solicit the participation of any Indian

24 tribe whose tribal lands are, or may be,

25 overflown by aircraft involved in commercial air
204

HR 1000 EAS

1 tour operations over a national park or tribal

2 lands, as a cooperating agency under the regula3 tions referred to in paragraph (4)(C).

4 ‘‘(5) AMENDMENTS.—Any amendment of an air

5 tour management plan shall be published in the Fed6 eral Register for notice and comment. A request for

7 amendment of an air tour management plan shall be

8 made in such form and manner as the Administrator

9 may prescribe.

10 ‘‘(c) INTERIM OPERATING AUTHORITY.—

11 ‘‘(1) IN GENERAL.—Upon application for oper12 ating authority, the Administrator shall grant in13 terim operating authority under this paragraph to a

14 commercial air tour operator for a national park or

15 tribal lands for which the operator is an existing

16 commercial air tour operator.

17 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In18 terim operating authority granted under this

19 subsection—

20 ‘‘(A) shall provide annual authorization

21 only for the greater of—

22 ‘‘(i) the number of flights used by the

23 operator to provide such tours within the

24 12-month period prior to the date of enact-
205

HR 1000 EAS

1 ment of the Air Transportation Improve2 ment Act; or

3 ‘‘(ii) the average number of flights per

4 12-month period used by the operator to

5 provide such tours within the 36-month pe6 riod prior to such date of enactment, and,

7 for seasonal operations, the number of

8 flights so used during the season or seasons

9 covered by that 12-month period;

10 ‘‘(B) may not provide for an increase in the

11 number of operations conducted during any time

12 period by the commercial air tour operator to

13 which it is granted unless the increase is agreed

14 to by the Administrator and the Director;

15 ‘‘(C) shall be published in the Federal Reg16 ister to provide notice and opportunity for com17 ment;

18 ‘‘(D) may be revoked by the Administrator

19 for cause;

20 ‘‘(E) shall terminate 180 days after the date

21 on which an air tour management plan is estab22 lished for that park or those tribal lands; and

23 ‘‘(F) shall—
206

HR 1000 EAS

1 ‘‘(i) promote protection of national

2 park resources, visitor experiences, and trib3 al lands;

4 ‘‘(ii) promote safe operations of the

5 commercial air tour;

6 ‘‘(iii) promote the adoption of quiet

7 technology, as appropriate; and

8 ‘‘(iv) allow for modifications of the op9 eration based on experience if the modifica10 tion improves protection of national park

11 resources and values and of tribal lands.

12 ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.—

13 ‘‘(A) IN GENERAL.—The Administrator, in

14 cooperation with the Director, may grant in15 terim operating authority under this paragraph

16 to an air tour operator for a national park for

17 which that operator is a new entrant air tour

18 operator if the Administrator determines the au19 thority is necessary to ensure competition in the

20 provision of commercial air tours over that na21 tional park or those tribal lands.

22 ‘‘(B) SAFETY LIMITATION.—The Adminis23 trator may not grant interim operating author24 ity under subparagraph (A) if the Administrator

25 determines that it would create a safety problem
207

HR 1000 EAS

1 at that park or on tribal lands, or the Director

2 determines that it would create a noise problem

3 at that park or on tribal lands.

4 ‘‘(C) ATMP LIMITATION.—The Adminis5 trator may grant interim operating authority

6 under subparagraph (A) of this paragraph only

7 if the air tour management plan for the park or

8 tribal lands to which the application relates has

9 not been developed within 24 months after the

10 date of enactment of the Air Transportation Im11 provement Act.

12 ‘‘(d) DEFINITIONS.—In this section, the following defi13 nitions apply:

14 ‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com15 mercial air tour’ means any flight conducted for com16 pensation or hire in a powered aircraft where a pur17 pose of the flight is sightseeing. If the operator of a

18 flight asserts that the flight is not a commercial air

19 tour, factors that can be considered by the Adminis20 trator in making a determination of whether the

21 flight is a commercial air tour, include, but are not

22 limited to—

23 ‘‘(A) whether there was a holding out to the

24 public of willingness to conduct a sightseeing

25 flight for compensation or hire;
208

HR 1000 EAS

1 ‘‘(B) whether a narrative was provided that

2 referred to areas or points of interest on the sur3 face;

4 ‘‘(C) the area of operation;

5 ‘‘(D) the frequency of flights;

6 ‘‘(E) the route of flight;

7 ‘‘(F) the inclusion of sightseeing flights as

8 part of any travel arrangement package; or

9 ‘‘(G) whether the flight or flights in question

10 would or would not have been canceled based on

11 poor visibility of the surface.

12 ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The

13 term ‘commercial air tour operator’ means any per14 son who conducts a commercial air tour.

15 ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER16 ATOR.—The term ‘existing commercial air tour oper17 ator’ means a commercial air tour operator that was

18 actively engaged in the business of providing commer19 cial air tours over a national park at any time dur20 ing the 12-month period ending on the date of enact21 ment of the Air Transportation Improvement Act.

22 ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP23 ERATOR.—The term ‘new entrant commercial air tour

24 operator’ means a commercial air tour operator

25 that—
209

HR 1000 EAS

1 ‘‘(A) applies for operating authority as a

2 commercial air tour operator for a national

3 park; and

4 ‘‘(B) has not engaged in the business of pro5 viding commercial air tours over that national

6 park or those tribal lands in the 12-month pe7 riod preceding the application.

8 ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—The

9 term ‘commercial air tour operations’ means commer10 cial air tour flight operations conducted—

‘‘(A) over a national park or within 1 11 ⁄2 mile

12 outside the boundary of any national park;

13 ‘‘(B) below a minimum altitude, determined

14 by the Administrator in cooperation with the Di15 rector, above ground level (except solely for pur16 poses of takeoff or landing, or necessary for safe

17 operation of an aircraft as determined under the

18 rules and regulations of the Federal Aviation

19 Administration requiring the pilot-in-command

20 to take action to ensure the safe operation of the

21 aircraft); and

22 ‘‘(C) less than 1 mile laterally from any ge23 ographic feature within the park (unless more

than 1 24 ⁄2 mile outside the boundary).
210

HR 1000 EAS

1 ‘‘(6) NATIONAL PARK.—The term ‘national park’

2 means any unit of the National Park System.

3 ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’

4 means ‘Indian country’, as defined by section 1151 of

5 title 18, United States Code, that is within or abut6 ting a national park.

7 ‘‘(8) ADMINISTRATOR.—The term ‘Adminis8 trator’ means the Administrator of the Federal Avia9 tion Administration.

10 ‘‘(9) DIRECTOR.—The term ‘Director’ means the

11 Director of the National Park Service.’’.

12 (b) EXEMPTIONS AND SPECIAL RULES.—

13 (1) GRAND CANYON.—Section 40126 of title 49,

14 United States Code, as added by subsection (a), does

15 not apply to—

16 (A) the Grand Canyon National Park; or

17 (B) Indian country within or abutting the

18 Grand Canyon National Park.

19 (2) LAKE MEAD.—A commercial air tour of the

20 Grand Canyon that transits over or near the Lake

21 Mead National Recreation Area en route to, or re22 turning from, the Grand Canyon, without offering a

23 deviation in flight path between its point of origin

24 and the Grand Canyon, shall be considered, for pur-
211

HR 1000 EAS

1 poses of paragraph (1), to be exclusively a commercial

2 air tour of the Grand Canyon.

3 (3) QUIET AIRCRAFT TECHNOLOGY FOR GRAND

4 CANYON.—

5 (A) QUIET TECHNOLOGY REQUIREMENTS.—

6 Within 9 months after the date of enactment of

7 this Act, the Administrator of the Federal Avia8 tion Administration shall designate reasonably

9 achievable requirements for fixed-wing and heli10 copter aircraft necessary for such aircraft to be

11 considered as employing quiet aircraft tech12 nology for purposes of this section. If no require13 ments are promulgated as mandated by this

14 paragraph, then beginning 9 months after enact15 ment of this Act and until the provisions of this

16 paragraph are met, any aircraft shall be consid17 ered to be in compliance with this paragraph.

18 (B) ROUTES OR CORRIDORS.—The Admin19 istrator shall by rule establish routes or corridors

20 for commercial air tours (as defined in section

21 40126(d)(1) of title 49, United States Code) by

22 fixed-wing and helicopter aircraft that employ

23 quiet aircraft technology for—

24 (i) tours of the Grand Canyon origi25 nating in Clark County, Nevada; and
212

HR 1000 EAS

1 (ii) ‘‘local loop’’ tours originating at

2 the Grand Canyon National Park Airport,

3 in Tusayan, Arizona.

4 (C) OPERATIONAL CAPS AND EXPANDED

5 HOURS.—Commercial air tours (as so defined)

6 by any fixed-wing or helicopter aircraft that em7 ploys quiet aircraft technology and that replaces

8 an existing aircraft—

9 (i) shall not be subject to operational

10 flight allocations applicable to other com11 mercial air tours of the Grand Canyon; and

12 (ii) may be conducted during the hours

13 from 7:00 a.m. to 7:00 p.m.

14 (D) MODIFICATION OF EXISTING AIRCRAFT

15 TO MEET STANDARDS.—A commercial air tour

16 (as so defined) by a fixed-wing or helicopter air17 craft in a commercial air tour operator’s fleet on

18 the date of enactment of this Act that meets the

19 requirements designated under subparagraph

20 (A), or is subsequently modified to meet the re21 quirements designated under subparagraph (A)

22 may be used for commercial air tours under the

23 same terms and conditions as a replacement air24 craft under subparagraph (C) without regard to

25 whether it replaces an existing aircraft.
213

HR 1000 EAS

1 (E) GOAL OF RESTORING NATURAL

2 QUIET.—Nothing in this paragraph reduces the

3 goal, established for the Federal Aviation Admin4 istration and the National Park Service under

5 Public Law 100–91 (16 U.S.C. 1a–1 note), of

6 achieving substantial restoration of the natural

7 quiet at the Grand Canyon National Park.

8 (4) ALASKA.—The provisions of this title and

9 section 40126 of title 49, United States Code, as

10 added by subsection (a), do not apply to any land or

11 waters located in Alaska.

12 (5) COMPLIANCE WITH OTHER REGULATIONS.—

13 For purposes of section 40126 of title 49, United

14 States Code—

15 (A) regulations issued by the Secretary of

16 Transportation and the Administrator of the

17 Federal Aviation Administration under section 3

18 of Public Law 100–91 (16 U.S.C. 1a–1, note);

19 and

20 (B) commercial air tour operations carried

21 out in compliance with the requirements of those

22 regulations,

23 shall be deemed to meet the requirements of such sec24 tion 40126.
214

HR 1000 EAS

1 (c) CLERICAL AMENDMENT.—The table of sections for

2 chapter 401 is amended by adding at the end thereof the

3 following:

‘‘40126. Overflights of national parks.’’.

4 SEC. 603. ADVISORY GROUP.

5 (a) ESTABLISHMENT.—Not later than 1 year after the

6 date of enactment of this Act, the Administrator of the Fed7 eral Aviation Administration and the Director of the Na8 tional Park Service shall jointly establish an advisory

9 group to provide continuing advice and counsel with respect

10 to the operation of commercial air tours over and near na11 tional parks.

12 (b) MEMBERSHIP.—

13 (1) IN GENERAL.—The advisory group shall be

14 composed of—

15 (A) a balanced group of —

16 (i) representatives of general aviation;

17 (ii) representatives of commercial air

18 tour operators;

19 (iii) representatives of environmental

20 concerns; and

21 (iv) representatives of Indian tribes;

22 (B) a representative of the Federal Aviation

23 Administration; and

24 (C) a representative of the National Park

25 Service.
215

HR 1000 EAS

1 (2) EX-OFFICIO MEMBERS.—The Administrator

2 and the Director shall serve as ex-officio members.

3 (3) CHAIRPERSON.—The representative of the

4 Federal Aviation Administration and the representa5 tive of the National Park Service shall serve alter6 nating 1-year terms as chairman of the advisory

7 group, with the representative of the Federal Aviation

8 Administration serving initially until the end of the

9 calendar year following the year in which the advi10 sory group is first appointed.

11 (c) DUTIES.—The advisory group shall provide advice,

12 information, and recommendations to the Administrator

13 and the Director—

14 (1) on the implementation of this title;

15 (2) on the designation of appropriate and fea16 sible quiet aircraft technology standards for quiet air17 craft technologies under development for commercial

18 purposes, which will receive preferential treatment in

19 a given air tour management plan;

20 (3) on other measures that might be taken to ac21 commodate the interests of visitors to national parks;

22 and

23 (4) on such other national park or tribal lands24 related safety, environmental, and air touring issues

25 as the Administrator and the Director may request.
216

HR 1000 EAS

1 (d) COMPENSATION; SUPPORT; FACA.—

2 (1) COMPENSATION AND TRAVEL.—Members of

3 the advisory group who are not officers or employees

4 of the United States, while attending conferences or

5 meetings of the group or otherwise engaged in its

6 business, or while serving away from their homes or

7 regular places of business, each member may be al8 lowed travel expenses, including per diem in lieu of

9 subsistence, as authorized by section 5703 of title 5,

10 United States Code, for persons in the Government

11 service employed intermittently.

12 (2) ADMINISTRATIVE SUPPORT.—The Federal

13 Aviation Administration and the National Park

14 Service shall jointly furnish to the advisory group

15 clerical and other assistance.

16 (3) NONAPPLICATION OF FACA.—Section 14 of

17 the Federal Advisory Committee Act (5 U.S.C. App.)

18 does not apply to the advisory group.

19 (e) REPORT.—The Administrator and the Director

20 shall jointly report to the Congress within 24 months after

21 the date of enactment of this Act on the success of this title

22 in providing incentives for quiet aircraft technology.

23 SEC. 604. OVERFLIGHT FEE REPORT.

24 Not later than 180 days after the date of enactment

25 of this Act, the Administrator of the Federal Aviation Ad-
217

HR 1000 EAS

1 ministration shall transmit to Congress a report on the ef2 fects proposed overflight fees are likely to have on the com3 mercial air tour industry. The report shall include, but

4 shall not be limited to—

5 (1) the viability of a tax credit for the commer6 cial air tour operators equal to the amount of the pro7 posed fee charged by the National Park Service; and

8 (2) the financial effects proposed offsets are likely

9 to have on Federal Aviation Administration budgets

10 and appropriations.

11 SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER

12 THE ROCKY MOUNTAIN NATIONAL PARK.

13 Effective beginning on the date of enactment of this

14 Act, no commercial air tour may be operated in the air15 space over the Rocky Mountain National Park notwith16 standing any other provision of this Act or section 40126

17 of title 49, United States Code, as added by this Act.

18 TITLE VII—TITLE 49 TECHNICAL

19 CORRECTIONS

20 SEC. 701. RESTATEMENT OF 49 U.S.C. 106(g).

21 (a) IN GENERAL.—Section 106(g) is amended by strik22 ing ‘‘40113(a), (c), and (d), 40114(a), 40119, 44501(a) and

23 (c), 44502(a)(1), (b) and (c), 44504, 44505, 44507, 44508,

24 44511–44513, 44701–44716, 44718(c), 44721(a), 44901,

25 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937,
218

HR 1000 EAS

1 and 44938(a) and (b), chapter 451, sections 45302–45304,’’

2 and inserting ‘‘40113(a), (c)–(e), 40114(a), and 40119, and

3 chapter 445 (except sections 44501(b), 44502(a)(2)–(4),

4 44503, 44506, 44509, 44510, 44514, and 44515), chapter

5 447 (except sections 44717, 44718(a) and (b), 44719, 44720,

6 44721(b), 44722, and 44723), chapter 449 (except sections

7 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and

8 44931–44934), chapter 451, chapter 453, sections’’.

9 (b) TECHNICAL CORRECTION.—The amendment made

10 by this section may not be construed as making a sub11 stantive change in the language replaced.

12 SEC. 702. RESTATEMENT OF 49 U.S.C. 44909.

13 Section 44909(a)(2) is amended by striking ‘‘shall’’

14 and inserting ‘‘should’’.

15 TITLE VIII—TRANSFER OF AERO16 NAUTICAL CHARTING ACTIV17 ITY

18 SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

19 Effective October 1, 2000, there are transferred to the

20 Federal Aviation Administration and vested in the Admin21 istrator of the Federal Aviation Administration the func22 tions, powers, and duties of the Secretary of Commerce and

23 other officers of the Department of Commerce that relate

24 to the Office of Aeronautical Charting and Cartography and
219

HR 1000 EAS

1 are set forth in section 44721 of title 49, United States

2 Code.

3 SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

4 (a) Effective October 1, 2000 the Office of Aeronautical

5 Charting and Cartography of the National Oceanic and At6 mospheric Administration, Department of Commerce, is

7 transferred to the Federal Aviation Administration.

8 (b) Effective October 1, 2000 the personnel employed

9 in connection with, and the assets, liabilities, contracts,

10 property, equipment, facilities, records, and unexpended

11 balance of appropriations, and other funds employed, held,

12 used, arising from, available to, or to be made available

13 in connection with the function and offices, or portions of

14 offices, transferred by this Act, including all Senior Execu15 tive Service positions, subject to section 1531 of title 31,

16 United States Code, are transferred to the Administrator

17 of the Federal Aviation Administration for appropriate al18 location. Personnel employed in connection with functions

19 transferred by this Act transfer under any applicable law

20 and regulation relating to transfer of functions. Unex21 pended funds transferred under this section shall be used

22 only for the purposes for which the funds were originally

23 authorized and appropriated, except that funds may be used

24 for expenses associated with the transfer authorized by this

25 Act.
220

HR 1000 EAS

1 SEC. 803. AMENDMENT OF TITLE 49, UNITED STATES CODE.

2 (a) IN GENERAL.—Section 44721 is amended to read

3 as follows:

4 ‘‘§ 44721. Aeronautical charts and related products

5 and services

6 ‘‘(a) IN GENERAL.—The Administrator of the Federal

7 Aviation Administration is invested with and shall exercise,

8 effective October 1, 2000 the functions, powers, and duties

9 of the Secretary of Commerce and other officers of the De10 partment of Commerce that relate to the Office of Aero11 nautical Charting and Cartography to provide aeronautical

12 charts and related products and services for the safe and

13 efficient navigation of air commerce, under the following

14 authorities:

15 ‘‘(1) Sections 1 through 9 of the Act entitled ‘‘An

16 Act to define the functions and duties of the Coast

17 and Geodetic Survey, and for other purposes’’, ap18 proved August 6, 1947, (33 U.S.C. 883a-883h).

19 ‘‘(2) Section 6082 of the Consolidated Omnibus

20 Budget Reconciliation Act of 1985 (33 U.S.C. 883j).

21 ‘‘(3) Section 1307 of title 44, United States

22 Code.

23 ‘‘(4) The provision of title II of the Departments

24 of Commerce, Justice, and State, the Judiciary, and

25 Related Agencies Appropriations Act, 1995 under the

26 heading ‘National Oceanic and Atmospheric Adminis-
221

HR 1000 EAS

1 tration’ relating to aeronautical charts (44 U.S.C.

2 1307 nt).

3 ‘‘(b) AUTHORITY TO CONDUCT SURVEYS.—To provide

4 aeronautical charts and related products and services for

5 the safe and efficient navigation of air commerce, and to

6 provide basic data for engineering and scientific purposes

7 and for other commercial and industrial needs, the Admin8 istrator is authorized to conduct the following activities:

9 ‘‘(1) Aerial and field surveys for aeronautical

10 charts.

11 ‘‘(2) Other airborne and field surveys when in

12 the best interest of the United States Government.

13 ‘‘(3) Acquiring, owning, operating, maintaining

14 and staffing aircraft in support of surveys.

15 ‘‘(c) ADDITIONAL AUTHORITY.—In order that full pub16 lic benefit may be derived from the dissemination of data

17 resulting from activities under this section and of related

18 data from other sources, the Administrator is authorized to

19 conduct the following activities:

20 ‘‘(1) Developing, processing, disseminating and

21 publishing of digital and analog data, information,

22 compilations, and reports.

23 ‘‘(2) Compiling, printing, and disseminating

24 aeronautical charts and related products and services

25 of the United States, its Territories, and possessions.
222

HR 1000 EAS

1 ‘‘(3) Compiling, printing and disseminating

2 aeronautical charts and related products and services

3 covering international airspace as are required pri4 marily by United States civil aviation.

5 ‘‘(4) Compiling, printing and disseminating

6 non-aeronautical navigational, transportation or pub7 lic-safety-related products and services when in the

8 best interests of the United States Government.

9 ‘‘(d) CONTRACT, COOPERATIVE AGREEMENTS, GRANTS,

10 AND OTHER AGREEMENTS.—

11 ‘‘(1) The Administrator is authorized to contract

12 with qualified organizations for the performance of

13 any part of the authorized functions of the Office of

14 Aeronautical Charting and Cartography when the

15 Administrator deems such procedure to be in the pub16 lic interest and will not compromise public safety.

17 ‘‘(2) The Administrator is authorized to enter

18 into cooperative agreements, grants, reimbursable

19 agreements, memoranda of understanding and other

20 agreements, with a State, subdivision of a State, Fed21 eral agency, public or private organization, or indi22 vidual, to carry out the purposes of this section.

23 ‘‘(e) SPECIAL SERVICES AND PRODUCTS.—

24 ‘‘(1) The Administrator is authorized, at the re25 quest of a State, subdivision of a State, Federal agen-
223

HR 1000 EAS

1 cy, public or private organization, or individual, to

2 conduct special services, including making special

3 studies, or developing special publications or products

4 on matters relating to navigation, transportation, or

5 public safety.

6 ‘‘(2) The Administrator shall assess a fee for any

7 special service provided under paragraph (1). A fee

8 shall be not more than the actual or estimated full

9 cost of the service. A fee may be reduced or waived

10 for research organizations, educational organizations,

11 or non-profit organizations, when the Administrator

12 determines that reduction or waiver of the fee is in

13 the best interest of the United States Government by

14 furthering public safety.

15 ‘‘(f) SALE AND DISSEMINATION OF AERONAUTICAL

16 PRODUCTS.—

17 ‘‘(1) Aeronautical products created or main18 tained under the authority of this section shall be sold

19 at prices established annually by the Administrator

20 consistent with the following:

21 ‘‘(A) Subject to subparagraph (B), the price

22 of an aeronautical product sold to the public

23 shall be not more than necessary to recover all

24 costs attributable to (i) data base management

25 and processing; (ii) compilation; (iii) printing
224

HR 1000 EAS

1 or other types of reproduction; and (iv) dissemi2 nation of the product.

3 ‘‘(B) The Administrator shall adjust the

4 price of an aeronautical product and service sold

5 to the public as necessary to avoid any adverse

6 impact on aviation safety attributable to the

7 price specified under this paragraph.

8 ‘‘(C) A price established under this para9 graph may not include costs attributable to the

10 acquisition of aeronautical data.

11 ‘‘(2) The Administrator shall publish annually

12 the prices at which aeronautical products are sold to

13 the public.

14 ‘‘(3) The Administrator may distribute aero15 nautical products and provide aeronautical services—

16 ‘‘(A) without charge to each foreign govern17 ment or international organization with which

18 the Administrator or a Federal agency has an

19 agreement for exchange of these products or serv20 ices without cost;

21 ‘‘(B) at prices the Administrator establishes,

22 to the departments and officers of the United

23 States requiring them for official use; and

24 ‘‘(C) at reduced or no charge where, in the

25 judgment of the Administrator, furnishing the
225

HR 1000 EAS

1 aeronautical product or service to a recipient is

2 a reasonable exchange for voluntary contribution

3 of information by the recipient to the activities

4 under this section.

5 ‘‘(4) The fees provided for in this subsection are

6 for the purpose of reimbursing the United States Gov7 ernment for the costs of creating, printing and dis8 seminating aeronautical products and services under

9 this section. The collection of fees authorized by this

10 section does not alter or expand any duty or liability

11 of the Government under existing law for the perform12 ance of functions for which fees are collected, nor does

13 the collection of fees constitute an express or implied

14 undertaking by the Government to perform any activ15 ity in a certain manner.’’.

16 (b) CONFORMING AMENDMENT.—The chapter analysis

17 of chapter 447 is amended by adding at the end thereof the

18 following:

‘‘44721. Aeronautical charts and related products and services.’’.

19 SEC. 804. SAVINGS PROVISION.

20 (a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All

21 orders, determinations, rules, regulations, permits, con22 tracts, certificates, licenses, privileges, and financial assist23 ance that—

24 (1) have been issued, made, granted, or allowed

25 to become effective by the President of the United
226

HR 1000 EAS

1 States, the Secretary of Commerce, the National Oce2 anic and Atmospheric Administration (NOAA) Ad3 ministrator, any Federal agency or official thereof, or

4 by a court of competent jurisdiction, in the perform5 ance of functions which are transferred by this Act;

6 and

7 (2) are in effect on the date of transfer, shall con8 tinue in effect according to their terms until modified,

9 terminated, superseded, set aside, or revoked in ac10 cordance with law by the President of the United

11 States, the Administrator, a court of competent juris12 diction, or by operation of law.

13 (b) CONTINUED EFFECTIVENESS OF PENDING AC14 TIONS.—

15 (1) The provisions of this Act shall not affect

16 any proceedings, including notices of proposed rule17 making, or any application for any license, permit,

18 certificate, or financial assistance pending on the date

19 of transfer before the Department of Commerce or the

20 NOAA Administrator, or any officer thereof with re21 spect to functions transferred by this Act; but such

22 proceedings or applications, to the extent that they re23 late to functions transferred, shall be continued in ac24 cord with transition guidelines promulgated by the

25 Administrator under the authority of this section. Or-
227

HR 1000 EAS

1 ders issued in any such proceedings shall continue in

2 effect until modified, terminated, superseded, or re3 voked by the Administrator, by a court of competent

4 jurisdiction, or by operation of law. Nothing in this

5 subsection prohibits the discontinuance or modifica6 tion of any such proceeding under the same terms and

7 conditions and to the same extent that such pro8 ceeding could have been discontinued or modified if

9 this Act had not been enacted.

10 (2) The Secretary of Commerce, the NOAA Ad11 ministrator, and the Administrator of the Federal

12 Aviation Administration are authorized to issue tran13 sition guidelines providing for the orderly transfer of

14 proceedings and otherwise to accomplish the orderly

15 transfer of functions, personnel and property under

16 this Act.

17 (c) CONTINUED EFFECTIVENESS OF JUDICIAL AC18 TIONS.—No cause of action by or against the Department

19 of Commerce or the National Oceanic and Atmospheric Ad20 ministration with respect to functions transferred by this

21 Act, or by or against any officer thereof in the official’s

22 capacity, shall abate by reason of the enactment of this Act.

23 Causes of action and actions with respect to a function or

24 office transferred by this Act, or other proceedings may be

25 asserted by or against the United States or an official of
228

HR 1000 EAS

1 the Federal Aviation Administration, as may be appro2 priate, and, in an action pending when this Act takes effect,

3 the court may at any time, on its own motion or that of

4 any party, enter an order that will give effect to the provi5 sions of this subsection.

6 (d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDI7 CIAL ACTIONS.—If, on the date of transfer, the Department

8 of Commerce or the National Oceanic and Atmospheric Ad9 ministration, or any officer thereof in the official’s capac10 ity, is a party to an action, and under this Act any func11 tion relating to the action of such Department, Administra12 tion, or officer is transferred to the Federal Aviation Ad13 ministration, then such action shall be continued with the

14 Administrator of the Federal Aviation Administration sub15 stituted or added as a party.

16 (e) CONTINUED JURISDICTION OVER ACTIONS TRANS17 FERRED.—Orders and actions of the Administrator of the

18 Federal Aviation Administration in the exercise of func19 tions transferred by this Act shall be subject to judicial re20 view to the same extent and in the same manner as if such

21 orders and actions had been by the Department of Com22 merce or the National Oceanic and Atmospheric Adminis23 tration, or any office or officer thereof, in the exercise of

24 such functions immediately preceding their transfer.
229

HR 1000 EAS

1 (f) LIABILITIES AND OBLIGATIONS.—The Adminis2 trator shall assume all liabilities and obligations (tangible

3 and incorporeal, present and executory) associated with the

4 functions transferred under this Act on the date of transfer,

5 including leases, permits, licenses, contracts, agreements,

6 claims, tariffs, accounts receivable, accounts payable, finan7 cial assistance, and litigation relating to such obligations,

8 regardless whether judgment has been entered, damages

9 awarded, or appeal taken.

10 SEC. 805. NATIONAL OCEAN SURVEY.

11 (a) Section 1 of the Act entitled ‘‘An Act to define the

12 functions and duties of the Coast and Geodetic Survey, and

13 for other purposes’’, approved August 6, 1947, (33 U.S.C.

14 883a) is amended—

15 (1) by striking paragraph (1) and inserting the

16 following:

17 ‘‘(1) Hydrographic, topographic and other types

18 of field surveys;’’; and

19 (2) by striking paragraph (4) and redesignating

20 paragraph (5) as paragraph (4).

21 (b) Section 2 of that Act (33 U.S.C. 883b) is

22 amended—

23 (1) by striking paragraphs (3) and (5), and re24 designating paragraph (4) and (6) as paragraphs (3)

25 and (4), respectively;
230

HR 1000 EAS

1 (2) by striking ‘‘charts of the United States, its

2 Territories, and possessions;’’ in paragraph (3), as re3 designated, and inserting ‘‘charts;’’; and

4 (3) by striking ‘‘publications for the United

5 States, its Territories, and possessions’’ in paragraph

6 (4), as redesignated, and inserting ‘‘publications.’’.

7 (c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is

8 amended by striking ‘‘cooperative agreements’’ and insert9 ing ‘‘cooperative agreements, or any other agreements,’’.

10 SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND

11 AERONAUTICAL PRODUCTS BY NOAA.

12 (a) Section 1307 of title 44, United States Code, is

13 amended by striking ‘‘and aeronautical’’ and ‘‘or aero14 nautical’’ each place they appear.

15 (b) Section 1307(a)(2)(B) of title 44, United States

16 Code, is amended by striking ‘‘aviation and’’.

17 (c) Section 1307(d) of title 44, United States Code, is

18 amended by striking ‘‘aeronautical and’’.

19 TITLE IX—MANAGEMENT RE20 FORMS OF THE FEDERAL

21 AVIATION ADMINISTRATION

22 SEC. 901. SHORT TITLE.

23 This title may be cited as the ‘‘Air Traffic Manage24 ment Improvement Act of 1999’’.
231

HR 1000 EAS

1 SEC. 902. AMENDMENTS TO TITLE 49, UNITED STATES

2 CODE.

3 Except as otherwise specifically provided, whenever in

4 this title an amendment or repeal is expressed in terms of

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

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

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

8 SEC. 903. DEFINITIONS.

9 In this title:

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Federal Avia12 tion Administration.

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

14 the Secretary of the Department of Transportation.

15 SEC. 904. FINDINGS.

16 The Congress makes the following findings:

17 (1) The Nation’s air transportation system is

18 projected to grow by 3.4 percent per year over the

19 next 12 years.

20 (2) Passenger enplanements are expected to rise

21 to more than 1 billion by 2009, from the current level

22 of 660 million.

23 (3) The aviation industry is one of our Nation’s

24 critical industries, providing a means of travel to

25 people throughout the world, and a means of moving

26 cargo around the globe.
232

HR 1000 EAS

1 (4) The ability of all sectors of American society,

2 urban and rural, to access and to compete effectively

3 in the new and dynamic global economy requires the

4 ability of the aviation industry to serve all the Na5 tion’s communities effectively and efficiently.

6 (5) The Federal Government’s role is to promote

7 a safe and efficient national air transportation sys8 tem through the management of the air traffic control

9 system and through effective and sufficient investment

10 in aviation infrastructure, including the Nation’s air11 ports.

12 (6) Numerous studies and reports, including the

13 National Civil Aviation Review Commission, have

14 concluded that the projected expansion of air service

15 may be constrained by gridlock in our Nation’s air16 ways, unless substantial management reforms are ini17 tiated for the Federal Aviation Administration.

18 (7) The Federal Aviation Administration is re19 sponsible for safely and efficiently managing the Na20 tional Airspace System 365 days a year, 24 hours a

21 day.

22 (8) The Federal Aviation Administration’s abil23 ity to efficiently manage the air traffic system in the

24 United States is restricted by antiquated air traffic

25 control equipment.
233

HR 1000 EAS

1 (9) The Congress has previously recognized that

2 the Administrator needs relief from the Federal Gov3 ernment’s cumbersome personnel and procurement

4 laws and regulations to take advantage of emerging

5 technologies and to hire and retain effective man6 agers.

7 (10) The ability of the Administrator to achieve

8 greater efficiencies in the management of the air traf9 fic control system requires additional management re10 forms, such as the ability to offer incentive pay for

11 excellence in the employee workforce.

12 (11) The ability of the Administrator to effec13 tively manage finances is dependent in part on the

14 Federal Aviation Administration’s ability to enter

15 into long-term debt and lease financing of facilities

16 and equipment, which in turn is dependent on sus17 tained sound audits and implementation of a cost

18 management program.

19 (12) The Administrator should use the full au20 thority of the Federal Aviation Administration to

21 make organizational changes to improve the efficiency

22 of the air traffic control system, without compro23 mising the Federal Aviation Administration’s pri24 mary mission of protecting the safety of the travelling

25 public.
234

HR 1000 EAS

1 SEC. 905. AIR TRAFFIC CONTROL SYSTEM DEFINED.

2 Section 40102(a) is amended—

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

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

5 (2) by inserting after paragraph (4) the fol6 lowing:

7 ‘‘(5) ‘air traffic control system’ means the com8 bination of elements used to safely and efficiently

9 monitor, direct, control, and guide aircraft in the

10 United States and United States-assigned airspace,

11 including—

12 ‘‘(A) allocated electromagnetic spectrum and

13 physical, real, personal, and intellectual prop14 erty assets making up facilities, equipment, and

15 systems employed to detect, track, and guide air16 craft movement;

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

18 agreements, and licenses;

19 ‘‘(C) published procedures that explain re20 quired actions, activities, and techniques used to

21 ensure adequate aircraft separation; and

22 ‘‘(D) trained personnel with specific tech23 nical capabilities to satisfy the operational, engi24 neering, management, and planning require25 ments for air traffic control.’’.
235

HR 1000 EAS

1 SEC. 906. CHIEF OPERATING OFFICER FOR AIR TRAFFIC

2 SERVICES.

3 (a) Section 106 is amended by adding at the end the

4 following:

5 ‘‘(r) CHIEF OPERATING OFFICER.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) APPOINTMENT.—There shall be a Chief

8 Operating Officer for the air traffic control sys9 tem to be appointed by the Administrator, after

10 consultation with the Management Advisory

11 Council. The Chief Operating Officer shall report

12 directly to the Administrator and shall be subject

13 to the authority of the Administrator.

14 ‘‘(B) QUALIFICATIONS.—The Chief Oper15 ating Officer shall have a demonstrated ability

16 in management and knowledge of or experience

17 in aviation.

18 ‘‘(C) TERM.—The Chief Operating Officer

19 shall be appointed for a term of 5 years.

20 ‘‘(D) REMOVAL.—The Chief Operating Offi21 cer shall serve at the pleasure of the Adminis22 trator, except that the Administrator shall make

23 every effort to ensure stability and continuity in

24 the leadership of the air traffic control system.

25 ‘‘(E) COMPENSATION.—
236

HR 1000 EAS

1 ‘‘(i) The Chief Operating Officer shall

2 be paid at an annual rate of basic pay not

3 to exceed that of the Administrator, includ4 ing any applicable locality-based payment.

5 This basic rate of pay shall subject the chief

6 operating officer to the post-employment

7 provisions of section 207 of title 18 as if

8 this position were described in section

9 207(c)(2)(A)(i) of that title.

10 ‘‘(ii) In addition to the annual rate of

11 basic pay authorized by paragraph (1) of

12 this subsection, the Chief Operating Officer

13 may receive a bonus not to exceed 50 per14 cent of the annual rate of basic pay, based

15 upon the Administrator’s evaluation of the

16 Chief Operating Officer’s performance in re17 lation to the performance goals set forth in

18 the performance agreement described in sub19 section (b) of this section. A bonus may not

20 cause the Chief Operating Officer’s total ag21 gregate compensation in a calendar year to

22 equal or exceed the amount of the Presi23 dent’s salary under section 102 of title 3,

24 United States Code.
237

HR 1000 EAS

1 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—The

2 Administrator and the Chief Operating Officer shall

3 enter into an annual performance agreement that sets

4 forth measurable organization and individual goals

5 for the Chief Operating Officer in key operational

6 areas. The agreement shall be subject to review and

7 renegotiation on an annual basis.

8 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

9 Chief Operating Officer shall prepare and submit to

10 the Secretary of Transportation and Congress an an11 nual management report containing such information

12 as may be prescribed by the Secretary.

13 ‘‘(4) RESPONSIBILITIES.—The Administrator

14 may delegate to the Chief Operating Officer, or any

15 other authority within the Federal Aviation Adminis16 tration responsibilities, including, but not limited to

17 the following:

18 ‘‘(A) STRATEGIC PLANS.—To develop a

19 strategic plan of the Federal Aviation Adminis20 tration for the air traffic control system, includ21 ing the establishment of—

22 ‘‘(i) a mission and objectives;

23 ‘‘(ii) standards of performance relative

24 to such mission and objectives, including

25 safety, efficiency, and productivity; and
238

HR 1000 EAS

1 ‘‘(iii) annual and long-range strategic

2 plans.

3 ‘‘(iv) methods of the Federal Aviation

4 Administration to accelerate air traffic con5 trol modernization and improvements in

6 aviation safety related to air traffic control.

7 ‘‘(B) OPERATIONS.—To review the oper8 ational functions of the Federal Aviation Admin9 istration, including—

10 ‘‘(i) modernization of the air traffic

11 control system;

12 ‘‘(ii) increasing productivity or imple13 menting cost-saving measures; and

14 ‘‘(iii) training and education.

15 ‘‘(C) BUDGET.—To—

16 ‘‘(i) develop a budget request of the

17 Federal Aviation Administration related to

18 the air traffic control system prepared by

19 the Administrator;

20 ‘‘(ii) submit such budget request to the

21 Administrator and the Secretary of Trans22 portation; and

23 ‘‘(iii) ensure that the budget request

24 supports the annual and long-range stra-
239

HR 1000 EAS

1 tegic plans developed under paragraph

2 (4)(A) of this subsection.

3 ‘‘(5) BUDGET SUBMISSION.—The Secretary shall

4 submit the budget request prepared under paragraph

5 (4)(D) of this subsection for any fiscal year to the

6 President who shall submit such request, without revi7 sion, to the Committees on Transportation and Infra8 structure and Appropriations of the House of Rep9 resentatives and the Committees on Commerce,

10 Science, and Transportation and Appropriations of

11 the Senate, together with the President’s annual budg12 et request for the Federal Aviation Administration for

13 such fiscal year.’’.

14 SEC. 907. FEDERAL AVIATION MANAGEMENT ADVISORY

15 COUNCIL.

16 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

17 to read as follows:

18 ‘‘(C) 13 members representing aviation in19 terests, appointed by—

20 ‘‘(i) in the case of initial appointments

21 to the Council, the President by and with

22 the advice and consent of the Senate; and

23 ‘‘(ii) in the case of subsequent appoint24 ments to the Council, the Secretary of

25 Transportation.’’.
240

HR 1000 EAS

1 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i) is

2 amended by striking ‘‘by the President’’.

3 (c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section

4 106(p)(6) is amended by adding at the end thereof the fol5 lowing:

6 ‘‘(E) AIR TRAFFIC SERVICES SUB7 COMMITTEE.—The Chairman of the Management

8 Advisory Council shall constitute an Air Traffic

9 Services Subcommittee to provide comments, rec10 ommend modifications, and provide dissenting

11 views to the Administrator on the performance of

12 air traffic services, including—

13 ‘‘(i) the performance of the Chief Oper14 ating Officer and other senior managers

15 within the air traffic organization of the

16 Federal Aviation Administration;

17 ‘‘(ii) long-range and strategic plans for

18 air traffic services;

19 ‘‘(iii) review the Administrator’s selec20 tion, evaluation, and compensation of sen21 ior executives of the Federal Aviation Ad22 ministration who have program manage23 ment responsibility over significant func24 tions of the air traffic control system;
241

HR 1000 EAS

1 ‘‘(iv) review and make recommenda2 tions to the Administrator’s plans for any

3 major reorganization of the Federal Avia4 tion Administration that would effect the

5 management of the air traffic control sys6 tem;

7 ‘‘(v) review, and make recommenda8 tions to the Administrator’s cost allocation

9 system and financial management structure

10 and technologies to help ensure efficient and

11 cost-effective air traffic control operation;

12 ‘‘(vi) review the performance and co13 operation of managers responsible for major

14 acquisition projects, including the ability of

15 the managers to meet schedule and budget

16 targets; and

17 ‘‘(vii) other significant actions that the

18 Subcommittee considers appropriate and

19 that are consistent with the implementation

20 of this Act.’’.

21 SEC. 908. COMPENSATION OF THE ADMINISTRATOR.

22 Section 106(b) is amended—

23 (1) by inserting ‘‘(1)’’ before ‘‘The’’; and

24 (2) by adding at the end the following:
242

HR 1000 EAS

1 ‘‘(2) In addition to the annual rate of pay au2 thorized for the Administrator, the Administrator

3 may receive a bonus not to exceed 50 percent of the

4 annual rate of basic pay, based upon the Secretary’s

5 evaluation of the Administrator’s performance in re6 lation to the performance goals set forth in a perform7 ance agreement. A bonus may not cause the Adminis8 trator’s total aggregate compensation in a calendar

9 year to equal or exceed the amount of the President’s

10 salary under section 102 of title 3, United States

11 Code.’’.

12 SEC. 909. NATIONAL AIRSPACE REDESIGN.

13 (a) FINDINGS RELATING TO THE NATIONAL AIR14 SPACE.—The Congress makes the following additional find15 ings:

16 (1) The national airspace, comprising more than

17 29 million square miles, handles more than 55,000

18 flights per day.

19 (2) Almost 2,000,000 passengers per day traverse

20 the United States through 20 major en route centers

21 including more than 700 different sectors.

22 (3) Redesign and review of the national airspace

23 may produce benefits for the travelling public by in24 creasing the efficiency and capacity of the air traffic

25 control system and reducing delays.
243

HR 1000 EAS

1 (4) Redesign of the national airspace should be

2 a high priority for the Federal Aviation Administra3 tion and the air transportation industry.

4 (b) REDESIGN REPORT.—The Administrator, with ad5 vice from the aviation industry and other interested parties,

6 shall conduct a comprehensive redesign of the national air7 space system and shall submit a report to the Committee

8 on Commerce, Science, and Transportation of the Senate

9 and to the Committee on Transportation and Infrastructure

10 of the House on the Administrator’s comprehensive national

11 airspace redesign. The report shall include projected mile12 stones for completion of the redesign and shall also include

13 a date for completion. The report must be submitted to the

14 Congress no later than December 31, 2000. There are au15 thorized to be appropriated to the Administrator to carry

16 out this section $12,000,000 for fiscal years 2000, 2001, and

17 2002.

18 SEC. 910. FAA COSTS AND ALLOCATIONS SYSTEM MANAGE19 MENT.

20 (a) REPORT ON THE COST ALLOCATION SYSTEM.—No

21 later than July 9, 2000, the Administrator shall submit a

22 report to the Committee on Commerce, Science, and Trans23 portation of the Senate and the Committee on Transpor24 tation and Infrastructure of the House on the cost allocation

25 system currently under development by the Federal Avia-
244

HR 1000 EAS

1 tion Administration. The report shall include a specific

2 date for completion and implementation of the cost alloca3 tion system throughout the agency and shall also include

4 the timetable and plan for the implementation of a cost

5 management system.

6 (b) INDEPENDENT ASSESSMENT.—

7 (1) IN GENERAL.—The Inspector General of the

8 Department of Transportation shall conduct the as9 sessments described in this subsection. To conduct the

10 assessments, the Inspector General may use the staff

11 and resources of the Inspector General or contract

12 with one or more independent entities.

13 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

14 OF FEDERAL AVIATION ADMINISTRATION COST DATA

15 AND ATTRIBUTIONS.—

16 (A) IN GENERAL.—The Inspector General

17 shall conduct an assessment to ensure that the

18 method for calculating the overall costs of the

19 Federal Aviation Administration and attrib20 uting such costs to specific users is appropriate,

21 reasonable, and understandable to the users.

22 (B) COMPONENTS.—In conducting the as23 sessment under this paragraph, the Inspector

24 General shall assess the Federal Aviation Admin25 istration’s definition of the services to which the
245

HR 1000 EAS

1 Federal Aviation Administration ultimately at2 tributes its costs.

3 (3) COST EFFECTIVENESS.—

4 (A) IN GENERAL.—The Inspector General

5 shall assess the progress of the Federal Aviation

6 Administration in cost and performance man7 agement, including use of internal and external

8 benchmarking in improving the performance and

9 productivity of the Federal Aviation Administra10 tion.

11 (B) ANNUAL REPORTS.—Not later than De12 cember 31, 2000, the Inspector General shall

13 transmit to Congress an updated report con14 taining the results of the assessment conducted

15 under this paragraph.

16 (C) INFORMATION TO BE INCLUDED IN FED17 ERAL AVIATION ADMINISTRATION FINANCIAL RE18 PORT.—The Administrator shall include in the

19 annual financial report of the Federal Aviation

20 Administration information on the performance

21 of the Administration sufficient to permit users

22 and others to make an informed evaluation of

23 the progress of the Administration in increasing

24 productivity.
246

HR 1000 EAS

1 SEC. 911. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.

2 (a) IN GENERAL.—Chapter 445 is amended by adding

3 at the end thereof the following:

4 ‘‘§ 44516. Air traffic modernization joint venture pilot

5 program

6 ‘‘(a) PURPOSE.—It is the purpose of this section to im7 prove aviation safety and enhance mobility of the Nation’s

8 air transportation system by facilitating the use of joint

9 ventures and innovative financing, on a pilot program

10 basis, between the Federal Aviation Administration and in11 dustry, to accelerate investment in critical air traffic con12 trol facilities and equipment.

13 ‘‘(b) DEFINITIONS.—As used in this section:

14 ‘‘(1) ASSOCIATION.—The term ‘Association’

15 means the Air Traffic Modernization Association es16 tablished by this section.

17 ‘‘(2) PANEL.—The term ‘panel’ means the execu18 tive panel of the Air Traffic Modernization Associa19 tion.

20 ‘‘(3) OBLIGOR.—The term ‘obligor’ means a pub21 lic airport, an air carrier or foreign air carrier that

22 operates a public airport, or a consortium consisting

23 of 2 or more of such entities.

24 ‘‘(4) ELIGIBLE PROJECT.—The term ‘eligible

25 project’ means a project relating to the Nation’s air

26 traffic control system that promotes safety, efficiency
247

HR 1000 EAS

1 or mobility, and is included in the Airway Capital

2 Investment Plan required by section 44502,

3 including—

4 ‘‘(A) airport-specific air traffic facilities

5 and equipment, including local area augmenta6 tion systems, instrument landings systems,

7 weather and wind shear detection equipment,

8 lighting improvements and control towers;

9 ‘‘(B) automation tools to effect improve10 ments in airport capacity, including passive

11 final approach spacing tools and traffic manage12 ment advisory equipment; and

13 ‘‘(C) facilities and equipment that enhance

14 airspace control procedures, including consolida15 tion of terminal radar control facilities and

16 equipment, or assist in en route surveillance, in17 cluding oceanic and off-shore flight tracking.

18 ‘‘(5) SUBSTANTIAL COMPLETION.—The term ‘sub19 stantial completion’ means the date upon which a

20 project becomes available for service.

21 ‘‘(c) AIR TRAFFIC MODERNIZATION ASSOCIATION.—

22 ‘‘(1) IN GENERAL.—There may be established in

23 the District of Columbia a private, not for profit cor24 poration, which shall be known as the Air Traffic

25 Modernization Association, for the purpose of pro-
248

HR 1000 EAS

1 viding assistance to obligors through arranging lease

2 and debt financing of eligible projects.

3 ‘‘(2) NON-FEDERAL ENTITY.—The Association

4 shall not be an agency, instrumentality or establish5 ment of the United States Government and shall not

6 be a ‘wholly-owned Government controlled corpora7 tion’ as defined in section 9101 of title 31, United

8 States Code. No action under section 1491 of title 28,

9 United States Code, shall be allowable against the

10 United States based on the actions of the Association.

11 ‘‘(3) EXECUTIVE PANEL.—

12 ‘‘(A) The Association shall be under the di13 rection of an executive panel made up of 3 mem14 bers, as follows—

15 ‘‘(i) 1 member shall be an employee of

16 the Federal Aviation Administration to be

17 appointed by the Administrator;

18 ‘‘(ii) 1 member shall be a representa19 tive of commercial air carriers, to be ap20 pointed by the Management Advisory Coun21 cil; and

22 ‘‘(iii) 1 member shall be a representa23 tive of operators of primary airports, to be

24 appointed by the Management Advisory

25 Council.
249

HR 1000 EAS

1 ‘‘(B) The panel shall elect from among its

2 members a chairman who shall serve for a term

3 of 1 year and shall adopt such bylaws, policies,

4 and administrative provisions as are necessary

5 to the functioning of the Association.

6 ‘‘(4) POWERS, DUTIES AND LIMITATIONS.—Consistent

7 with sound business techniques and provisions of this chap8 ter, the Association is authorized—

9 ‘‘(A) to borrow funds and enter into lease

10 arrangements as lessee with other parties relat11 ing to the financing of eligible projects, provided

12 that any public debt issuance shall be rated in13 vestment grade by a nationally recognized statis14 tical rating organization;

15 ‘‘(B) to lend funds and enter into lease ar16 rangements as lessor with obligors, but—

17 ‘‘(i) the term of financing offered by

18 the Association shall not exceed the useful

19 life of the eligible project being financed, as

20 estimated by the Administrator; and

21 ‘‘(ii) the aggregate amount of combined

22 debt and lease financing provided under

23 this subsection for air traffic control facili24 ties and equipment—
250

HR 1000 EAS

1 ‘‘(I) may not exceed $500,000,000

2 per fiscal year for fiscal years 2000,

3 2001, and 2002;

4 ‘‘(II) shall be used for not more

5 than 10 projects; and

6 ‘‘(III) may not provide funding

7 in excess of $50,000,000 for any single

8 project; and

9 ‘‘(C) to exercise all other powers that

10 are necessary and proper to carry out the

11 purposes of this section.

12 ‘‘(5) PROJECT SELECTION CRITERIA.—In select13 ing eligible projects from applicants to be funded

14 under this section, the Association shall consider the

15 following criteria:

16 ‘‘(A) The eligible project’s contribution to

17 the national air transportation system, as out18 lined in the Federal Aviation Administration’s

19 modernization plan for alleviating congestion,

20 enhancing mobility, and improving safety.

21 ‘‘(B) The credit-worthiness of the revenue

22 stream pledged by the obligor.

23 ‘‘(C) The extent to which assistance by the

24 Association will enable the obligor to accelerate

25 the date of substantial completion of the project.
251

HR 1000 EAS

1 ‘‘(D) The extent of economic benefit to be

2 derived within the aviation industry, including

3 both public and private sectors.

4 ‘‘(d) AUTHORITY TO ENTER INTO JOINT VENTURE.—

5 ‘‘(1) IN GENERAL.—Subject to the conditions set

6 forth in this section, the Administrator of the Federal

7 Aviation Administration is authorized to enter into a

8 joint venture, on a pilot program basis, with Federal

9 and non-Federal entities to establish the Air Traffic

10 Modernization Association described in subsection (c)

11 for the purpose of acquiring, procuring or utilizing

12 air traffic facilities and equipment in accordance

13 with the Airway Capital Investment Plan.

14 ‘‘(2) COST SHARING.—The Administrator is au15 thorized to make payments to the Association from

16 amounts available under section 4801(a) of this title,

17 provided that the agency’s share of an annual pay18 ment for a lease or other financing agreement does

19 not exceed the direct or imputed interest portion of

20 each annual payment for an eligible project. The

21 share of the annual payment to be made by an obligor

22 to the lease or other financing agreement shall be in

23 sufficient amount to amortize the asset cost. If the ob24 ligor is an airport sponsor, the sponsor may use rev25 enue from a passenger facility fee, provided that such
252

HR 1000 EAS

1 revenue does not exceed 25 cents per enplaned pas2 senger per year.

3 ‘‘(3) PROJECT SPECIFICATIONS.—The Adminis4 trator shall have the sole authority to approve the

5 specifications, staffing requirements, and operating

6 and maintenance plan for each eligible project, taking

7 into consideration the recommendations of the Air

8 Traffic Services Subcommittee of the Management Ad9 visory Council.

10 ‘‘(e) INCENTIVES FOR PARTICIPATION.—An airport

11 sponsor that enters into a lease or financial arrangement

12 financed by the Air Traffic Modernization Association may

13 use its share of the annual payment as a credit toward the

14 non-Federal matching share requirement for any funds

15 made available to the sponsor for airport development

16 projects under chapter 471 of this title.

17 ‘‘(f) UNITED STATES NOT OBLIGATED.—The contribu18 tion of Federal funds to the Association pursuant to sub19 section (d) of this section shall not be construed as a com20 mitment, guarantee, or obligation on the part of the United

21 States to any third party, nor shall any third party have

22 any right against the United States by virtue of the con23 tribution. The obligations of the Association do not con24 stitute any commitment, guarantee or obligation of the

25 United States.
253

HR 1000 EAS

1 ‘‘(g) REPORT TO CONGRESS.—Not later than 3 years

2 after establishment of the Association, the Administrator

3 shall provide a comprehensive and detailed report to the

4 Senate Committee on Commerce, Science, and Transpor5 tation and the House Committee on Transportation and In6 frastructure on the Association’s activities including—

7 ‘‘(1) an assessment of the Association’s effective8 ness in accelerating the modernization of the air traf9 fic control system;

10 ‘‘(2) a full description of the projects financed by

11 the Association and an evaluation of the benefits to

12 the aviation community and general public of such

13 investment; and

14 ‘‘(3) recommendations as to whether this pilot

15 program should be expanded or other strategies should

16 be pursued to improve the safety and efficiency of the

17 Nation’s air transportation system.

18 ‘‘(h) AUTHORIZATION.—Not more than the following

19 amounts may be appropriated to the Administrator from

20 amounts made available under section 4801(a) of this title

21 for the agency’s share of the organizational and administra22 tive costs for the Air Traffic Modernization Association—

23 ‘‘(1) $500,000 for fiscal year 2000;

24 ‘‘(2) $500,000 for fiscal year 2001; and

25 ‘‘(3) $500,000 for fiscal year 2002.
254

HR 1000 EAS

1 ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.—Noth2 ing in this section is intended to limit or diminish existing

3 authorities of the Administrator to acquire, establish, im4 prove, operate, and maintain air navigation facilities and

5 equipment.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 40117(b)(1) is amended by striking

8 ‘‘controls.’’ and inserting ‘‘controls, or to finance an

9 eligible project through the Air Traffic Modernization

10 Association in accordance with section 44516 of this

11 title.’’.

12 (2) The analysis for chapter 445 is amended by

13 adding at the end the following:

‘‘44516. Air traffic modernization pilot program.’’.

14 TITLE X—METROPOLITAN AIR15 PORTS AUTHORITY IMPROVE16 MENT ACT

17 SEC. 1001. SHORT TITLE.

18 This title may be cited as the ‘‘Metropolitan Airports

19 Authority Improvement Act’’.

20 SEC. 1002. REMOVAL OF LIMITATION.

21 Section 49106(c)(6) of title 49, United States Code, is

22 amended—

23 (1) by striking subparagraph (C); and

24 (2) by redesignating subparagraph (D) as sub25 paragraph (C).
255

HR 1000 EAS

1 TITLE XI—NOISE ABATEMENT

2 SEC. 1101. GOOD NEIGHBORS POLICY.

3 (a) PUBLIC DISCLOSURE OF NOISE MITIGATION EF4 FORTS BY AIR CARRIERS.—Not later than 1 year after the

5 date of enactment of this Act, and annually thereafter, the

6 Secretary of Transportation shall collect and publish infor7 mation provided by air carriers regarding their operating

8 practices that encourage their pilots to follow the Federal

9 Aviation Administration’s operating guidelines on noise

10 abatement.

11 (b) SAFETY FIRST.—The Secretary shall take such ac12 tion as is necessary to ensure that noise abatement efforts

13 do not threaten aviation safety.

14 (c) PROTECTION OF PROPRIETARY INFORMATION.—In

15 publishing information required by this section, the Sec16 retary shall take such action as is necessary to prevent the

17 disclosure of any air carrier’s proprietary information.

18 (d) NO MANDATE.—Nothing in this section shall be

19 construed to mandate, or to permit the Secretary to man20 date, the use of noise abatement settings by pilots.

21 SEC. 1102. GAO REVIEW OF AIRCRAFT ENGINE NOISE AS22 SESSMENT.

23 (a) GAO STUDY.—Not later than 1 year after the date

24 of enactment of this Act, the Comptroller General of the

25 United States shall conduct a study and report to Congress
256

HR 1000 EAS

1 on regulations and activities of the Federal Aviation Ad2 ministration in the area of aircraft engine noise assessment.

3 The study shall include a review of—

4 (1) the consistency of noise assessment techniques

5 across different aircraft models and aircraft engines,

6 and with varying weight and thrust settings; and

7 (2) a comparison of testing procedures used for

8 unmodified engines and engines with hush kits or

9 other quieting devices.

10 (b) RECOMMENDATIONS TO THE FAA.—The Comp11 troller General’s report shall include specific recommenda12 tions to the Federal Aviation Administration on new meas13 ures that should be implemented to ensure consistent meas14 urement of aircraft engine noise.

15 SEC. 1103. GAO REVIEW OF FAA COMMUNITY NOISE ASSESS16 MENT.

17 (a) GAO STUDY.—Not later than 1 year after the date

18 of enactment of this Act, the Comptroller General of the

19 United States shall conduct a study and report to Congress

20 on the regulations and activities of the Federal Aviation

21 Administration in the area of noise assessment in commu22 nities near airports. The study shall include a review of

23 whether the noise assessment practices of the Federal Avia24 tion Administration fairly and accurately reflect the burden

25 of noise on communities.
257

HR 1000 EAS

1 (b) RECOMMENDATIONS TO THE FAA.—The Comp2 troller General’s report shall include specific recommenda3 tions to the Federal Aviation Administration on new meas4 ures to improve the assessment of airport noise in commu5 nities near airports.

6 TITLE XII—STUDY TO ENSURE

7 CONSUMER INFORMATION

8 SEC. 1201. SHORT TITLE.

9 This title may be cited as the ‘‘Improved Consumer

10 Access to Travel Information Act’’.

11 SEC. 1202. NATIONAL COMMISSION TO ENSURE CONSUMER

12 INFORMATION AND CHOICE IN THE AIRLINE

13 INDUSTRY.

14 (a) ESTABLISHMENT.—There is established a commis15 sion to be known as the ‘‘National Commission to Ensure

16 Consumer Information and Choice in the Airline Industry’’

17 (in this section referred to as the ‘‘Commission’’).

18 (b) DUTIES.—

19 (1) STUDY.—The Commission shall undertake a

20 study of—

21 (A) consumer access to information about

22 the products and services of the airline industry;

23 (B) the effect on the marketplace of the

24 emergence of new means of distributing such

25 products and services;
258

HR 1000 EAS

1 (C) the effect on consumers of the declining

2 financial condition of travel agents in the

3 United States; and

4 (D) the impediments imposed by the airline

5 industry on distributors of the industry’s prod6 ucts and services, including travel agents and

7 Internet-based distributors.

8 (2) POLICY RECOMMENDATIONS.—Based on the

9 results of the study described in paragraph (1), the

10 Commission shall recommend to the President and

11 Congress policies necessary to—

12 (A) ensure full consumer access to complete

13 information concerning airline fares, routes, and

14 other services;

15 (B) ensure that the means of distributing

16 the products and services of the airline industry,

17 and of disseminating information about such

18 products and services, is adequate to ensure that

19 competitive information is available in the mar20 ketplace;

21 (C) ensure that distributors of the products

22 and services of the airline industry have ade23 quate relief from illegal, anticompetitive prac24 tices that occur in the marketplace; and
259

HR 1000 EAS

1 (D) foster healthy competition in the airline

2 industry and the entry of new entrants.

3 (c) SPECIFIC MATTERS TO BE ADDRESSED.—In car4 rying out the study authorized under subsection (b)(1), the

5 Commission shall specifically address the following:

6 (1) CONSUMER ACCESS TO INFORMATION.—With

7 respect to consumer access to information regarding

8 the services and products offered by the airline indus9 try, the following:

10 (A) The state of such access.

11 (B) The effect in the 5-year period following

12 the date of the study of the making of alliances

13 in the airline industry.

14 (C) Whether and to what degree the trends

15 regarding such access will produce benefits to

16 consumers.

17 (2) MEANS OF DISTRIBUTION.—With respect to

18 the means of distributing the products and services of

19 the airline industry, the following:

20 (A) The state of such means of distribution.

21 (B) The roles played by travel agencies and

22 Internet-based providers of travel information

23 and services in distributing such products and

24 services.
260

HR 1000 EAS

1 (C) Whether the policies of the United

2 States promote the access of consumers to mul3 tiple means of distribution.

4 (3) AIRLINE RESERVATION SYSTEMS.—With re5 spect to airline reservation systems, the following:

6 (A) The rules, regulations, policies, and

7 practices of the industry governing such systems.

8 (B) How trends in such systems will affect

9 consumers, including—

10 (i) the effect on consumer access to

11 flight reservation information; and

12 (ii) the effect on consumers of the use

13 by the airline industry of penalties and

14 promotions to convince distributors to use

15 such systems, and the degree of consumer

16 awareness of such penalties and promotions.

17 (4) LEGAL IMPEDIMENTS TO DISTRIBUTORS

18 SEEKING RELIEF FOR ANTICOMPETITIVE ACTIONS.—

19 The policies of the United States with respect to the

20 legal impediments to distributors seeking relief for

21 anticompetitive actions, including—

22 (A) Federal preemption of civil actions

23 against airlines; and
261

HR 1000 EAS

1 (B) the role of the Department of Transpor2 tation in enforcing rules against anticompetitive

3 practices.

4 (d) MEMBERSHIP.—

5 (1) APPOINTMENT.—The Commission shall be

6 composed of 15 voting members and 11 nonvoting

7 members as follows:

8 (A) 5 voting members and 1 nonvoting

9 member appointed by the President.

10 (B) 3 voting members and 3 nonvoting

11 members appointed by the Speaker of the House

12 of Representatives.

13 (C) 2 voting members and 2 nonvoting

14 members appointed by the Minority Leader of

15 the House of Representatives.

16 (D) 3 voting members and 3 nonvoting

17 members appointed by the Majority Leader of

18 the Senate.

19 (E) 2 voting members and 2 nonvoting

20 members appointed by the Minority Leader of

21 the Senate.

22 (2) QUALIFICATIONS.—Voting members ap23 pointed under paragraph (1) shall be appointed from

24 among individuals who are experts in economics,

25 service product distribution, or transportation, or any
262

HR 1000 EAS

1 related discipline, and who can represent consumers,

2 passengers, shippers, travel agents, airlines, or gen3 eral aviation.

4 (3) TERMS.—Members shall be appointed for the

5 life of the Commission.

6 (4) VACANCIES.—A vacancy in the Commission

7 shall be filled in the manner in which the original

8 appointment was made.

9 (5) TRAVEL EXPENSES.—Members shall serve

10 without pay but shall receive travel expenses, includ11 ing per diem in lieu of subsistence, in accordance

12 with subchapter I of chapter 57 of title 5, United

13 States Code.

14 (6) CHAIRPERSON.—The President, in consulta15 tion with the Speaker of the House of Representatives

16 and the Majority Leader of the Senate, shall designate

17 the Chairperson of the Commission (referred to in this

18 title as the ‘‘Chairperson’’) from among its voting

19 members.

20 (e) COMMISSION PANELS.—The Chairperson shall es21 tablish such panels consisting of voting members of the

22 Commission as the Chairperson determines appropriate to

23 carry out the functions of the Commission.

24 (f) STAFF.—The Commission may appoint and fix the

25 pay of such personnel as it considers appropriate.
263

HR 1000 EAS

1 (g) STAFF OF FEDERAL AGENCIES.—Upon request of

2 the Commission, the head of any department or agency of

3 the United States may detail, on a reimbursable basis, any

4 of the personnel of that department or agency to the Com5 mission to assist it in carrying out its duties under this

6 section.

7 (h) OTHER STAFF AND SUPPORT.—Upon the request

8 of the Commission, or a panel of the Commission, the Sec9 retary of Transportation shall provide the Commission or

10 panel with professional and administrative staff and other

11 support, on a reimbursable basis, to assist the Commission

12 or panel in carrying out its responsibilities.

13 (i) OBTAINING OFFICIAL DATA.—The Commission

14 may secure directly from any department or agency of the

15 United States information (other than information required

16 by any statute of the United States to be kept confidential

17 by such department or agency) necessary for the Commis18 sion to carry out its duties under this section. Upon request

19 of the Commission, the head of that department or agency

20 shall furnish such nonconfidential information to the Com21 mission.

22 (j) REPORT.—Not later than 6 months after the date

23 on which initial appointments of members to the Commis24 sion are completed, the Commission shall transmit to the

25 President and Congress a report on the activities of the
264

HR 1000 EAS

1 Commission, including recommendations made by the Com2 mission under subsection (b)(2).

3 (k) TERMINATION.—The Commission shall terminate

4 on the 30th day following the date of transmittal of the re5 port under subsection (j). All records and papers of the

6 Commission shall thereupon be delivered by the Adminis7 trator of General Services for deposit in the National Ar8 chives.

9 (l) APPLICABILITY OF THE FEDERAL ADVISORY COM10 MITTEE ACT.—The Federal Advisory Committee Act (5

11 U.S.C. App.) shall not apply to the Commission.

12 TITLE XIII—FEDERAL AVIATION

13 RESEARCH, ENGINEERING,

14 AND DEVELOPMENT

15 SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

16 Section 48102(a) of title 49, United States Code, is

17 amended—

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

19 (4)(J);

20 (2) by striking the period at the end of para21 graph (5) and inserting in lieu thereof a semicolon;

22 and

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

24 ‘‘(6) $240,000,000 for fiscal year 2000;

25 ‘‘(7) $250,000,000 for fiscal year 2001; and
265

HR 1000 EAS

1 ‘‘(8) $260,000,000 for fiscal year 2002;’’.

2 SEC. 1302. INTEGRATED NATIONAL AVIATION RESEARCH

3 PLAN.

4 (a) IN GENERAL.—Section 44501(c) of title 49, United

5 States Code, is amended—

6 (1) in paragraph (2)(B)—

7 (A) by striking ‘‘and’’ at the end of clause

8 (iii);

9 (B) by striking the period at the end of

10 clause (iv) and inserting in lieu thereof ‘‘; and’’;

11 and

12 (C) by adding at the end the following new

13 clause:

14 ‘‘(v) highlight the research and development tech15 nology transfer activities that promote technology

16 sharing among government, industry, and academia

17 through the Stevenson-Wydler Technology Innovation

18 Act of 1980.’’; and

19 (2) in paragraph (3), by inserting ‘‘The report

20 shall be prepared in accordance with requirements of

21 section 1116 of title 31, United States Code.’’ after

22 ‘‘effect for the prior fiscal year.’’.

23 (b) REQUIREMENT.—Not later than March 1, 2000, the

24 Administrator of the National Aeronautics and Space Ad25 ministration and the Administrator of the Federal Aviation
266

HR 1000 EAS

1 Administration shall jointly prepare and transmit to the

2 Congress an integrated civil aviation research and develop3 ment plan.

4 (c) CONTENTS.—The plan required by subsection (b)

5 shall include—

6 (1) an identification of the respective research

7 and development requirements, roles, and responsibil8 ities of the National Aeronautics and Space Adminis9 tration and the Federal Aviation Administration;

10 (2) formal mechanisms for the timely sharing of

11 information between the National Aeronautics and

12 Space Administration and the Federal Aviation Ad13 ministration; and

14 (3) procedures for increased communication and

15 coordination between the Federal Aviation Adminis16 tration research advisory committee established under

17 section 44508 of title 49, United States Code, and the

18 NASA Aeronautics and Space Transportation Tech19 nology Advisory Committee.

20 SEC. 1303. INTERNET AVAILABILITY OF INFORMATION.

21 The Administrator of the Federal Aviation Adminis22 tration shall make available through the Internet home page

23 of the Federal Aviation Administration the abstracts relat24 ing to all research grants and awards made with funds au25 thorized by the amendments made by this Act. Nothing in
267

HR 1000 EAS

1 this section shall be construed to require or permit the re2 lease of any information prohibited by law or regulation

3 from being released to the public.

4 SEC. 1304. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYS5 TEMS.

6 Section 44504(b)(1) of title 49, United States Code, is

7 amended by inserting ‘‘, including nonstructural aircraft

8 systems,’’ after ‘‘life of aircraft’’.

9 SEC. 1305. POST FREE FLIGHT PHASE I ACTIVITIES.

10 No later than May 1, 2000, the Administrator of the

11 Federal Aviation Administration shall transmit to Congress

12 a definitive plan for the continued implementation of Free

13 Flight Phase I operational capabilities for fiscal years 2003

14 through 2005. The plan shall include and address the rec15 ommendations concerning operational capabilities for fiscal

16 years 2003 through 2005 due to be made by the RTCA Free

17 Flight Steering Committee in December 1999 that was es18 tablished at the direction of the Federal Aviation Adminis19 tration. The plan shall also include budget estimates for the

20 implementation of these operational capabilities.

21 SEC. 1306. RESEARCH PROGRAM TO IMPROVE AIRFIELD

22 PAVEMENTS.

23 The Administrator of the Federal Aviation Adminis24 tration shall consider awards to nonprofit concrete pave25 ment research foundations to improve the design, construc-
268

HR 1000 EAS

1 tion, rehabilitation, and repair of rigid concrete airfield

2 pavements to aid in the development of safer, more cost3 effective, and durable airfield pavements. The Adminis4 trator may use a grant or cooperative agreement for this

5 purpose. Nothing in this section shall require the Adminis6 trator to prioritize an airfield payment research program

7 above safety, security, Flight 21, environment, or energy re8 search programs.

9 SEC. 1307. SENSE OF SENATE REGARDING PROTECTING

10 THE FREQUENCY SPECTRUM USED FOR AVIA11 TION COMMUNICATION.

12 It is the sense of the Senate that with the World Radio

13 Communication Conference scheduled to begin in May,

14 2000, and the need to ensure that the frequency spectrum

15 available for aviation communication and navigation is

16 adequate, the Federal Aviation Administration should—

17 (1) give high priority to developing a national

18 policy to protect the frequency spectrum used for the

19 Global Positioning System that is critical to aviation

20 communications and the safe operation of aircraft;

21 and

22 (2) expedite the appointment of the United

23 States Ambassador to the World Radio Communica24 tion Conference.
269

HR 1000 EAS

1 SEC. 1308. STUDY.

2 The Secretary shall conduct a study to evaluate the

3 applicability of the techniques used to fund and administer

4 research under the National Highway Cooperative Research

5 Program and the National Transmit Research Program to

6 the research needs of airports.

7 TITLE XIV—AIRLINE CUSTOMER

8 SERVICE COMMITMENT

9 SEC. 1401. AIRLINE CUSTOMER SERVICE REPORTS.

10 (a) SECRETARY TO REPORT PLANS RECEIVED.—Each

11 air carrier that provides scheduled passenger air transpor12 tation and that is a member of the Air Transport Associa13 tion, all of which have entered into the voluntary customer

14 service commitments established by the Association on June

15 17, 1999 (hereinafter referred to as the ‘‘Airline Customer

16 Service Commitment’’), shall provide a copy of its indi17 vidual customer service plan to the Secretary of Transpor18 tation by September 15, 1999. The Secretary, upon receipt

19 of the individual plans, shall report to the Senate Com20 mittee on Commerce, Science, and Transportation and to

21 the House of Representatives Committee on Transportation

22 and Infrastructure the receipt of each such plan and trans23 mit a copy of each plan.

24 (b) IMPLEMENTATION.—The Inspector General of the

25 Department of Transportation shall monitor the implemen26 tation of any plan submitted to the Secretary under sub-
270

HR 1000 EAS

1 section (a) and evaluate the extent to which each such car2 rier has met its commitments under its plan. Each such

3 carrier shall provide such information to the Inspector Gen4 eral as may be necessary for the Inspector General to pre5 pare the report required by subsection (c).

6 (c) REPORTS TO THE CONGRESS.—

7 (1) INTERIM REPORT.—The Inspector General

8 shall submit a report of the Inspector General’s find9 ings under subsection (a) to the Senate Committee on

10 Commerce, Science, and Transportation and the

11 House of Representatives Committee on Transpor12 tation and Infrastructure by June 15, 2000, that in13 cludes a status report on completion, publication, and

14 implementation of the Airline Customer Service Com15 mitment and the individual airline plans to carry it

16 out. The report shall include a review of whether each

17 air carrier has modified its contract of carriage or

18 conditions of contract to reflect each item of the Air19 line Customer Service Commitment.

20 (2) FINAL REPORT; RECOMMENDATIONS.—

21 (A) IN GENERAL.—The Inspector General

22 shall submit a final report to the Senate Com23 mittee on Commerce, Science, and Transpor24 tation and the House of Representatives Com25 mittee on Transportation and Infrastructure by
271

HR 1000 EAS

1 December 31, 2000, on the effectiveness of the

2 Airline Customer Service Commitment and the

3 individual airline plans to carry it out, includ4 ing recommendations for improving account5 ability, enforcement, and consumer protections

6 afforded to commercial air passengers.

7 (B) SPECIFIC CONTENT.—In the final re8 port under subparagraph (A), the Inspector Gen9 eral shall—

10 (i) evaluate each carrier’s plan for

11 whether it is consistent with the voluntary

12 commitments established by the Air Trans13 port Association in the Airline Customer

14 Service Commitment;

15 (ii) evaluate each carrier as to the ex16 tent to which, and the manner in which, it

17 has performed in carrying out its plan;

18 (iii) identify, by air carrier, how it

19 has implemented each commitment covered

20 by its plan; and

21 (iv) provide an analysis, by air car22 rier, of the methods of meeting each commit23 ment, and in such analysis provide infor24 mation that allows consumers to make deci-
272

HR 1000 EAS

1 sions on the quality of air transportation

2 provided by such carriers.

3 SEC. 1402. INCREASED FINANCIAL RESPONSIBILITY FOR

4 LOST BAGGAGE.

5 The Secretary of Transportation shall initiate a rule

6 making within 30 days after the date of enactment of this

7 Act to increase the domestic baggage liability limit in part

8 254 of title 14, Code of Federal Regulations.

9 SEC. 1403. INCREASED PENALTY FOR VIOLATION OF AVIA10 TION CONSUMER PROTECTION LAWS.

11 Section 46301(a), as amended by section 407 of this

12 Act, is amended by adding at the end thereof the following:

13 ‘‘(8) CONSUMER PROTECTION.—For a violation

14 of sections 41310 and 41712, any rule or regulation

15 promulgated thereunder, or any other rule or regula16 tion promulgated by the Secretary of Transportation

17 that is intended to afford protection to commercial

18 air transportation consumers, the maximum civil

19 penalty prescribed by subsection (a) may not exceed

20 $2,500 for each violation.’’.

21 SEC. 1404. COMPTROLLER GENERAL INVESTIGATION.

22 The Comptroller General of the United States shall

23 study the potential effects on aviation consumers, including

24 the impact on fares and service to small communities, of

25 a requirement that air carriers permit a ticketed passenger
273

HR 1000 EAS

1 to use any portion of a multiple-stop or round-trip air fare

2 for transportation independent of any other portion without

3 penalty. The Comptroller General shall submit a report,

4 based on the study, to the Senate Committee on Commerce,

5 Science, and Transportation and the House of Representa6 tives Committee on Transportation and Infrastructure by

7 June 15, 2000.

8 SEC. 1405. FUNDING OF ENFORCEMENT OF AIRLINE CON9 SUMER PROTECTIONS.

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

11 at the end thereof the following:

12 ‘‘§ 48112. Consumer protection

13 ‘‘There are authorized to be appropriated to the Sec14 retary of Transportation out of the Airport and Airway

15 Trust Fund established under section 9502 of the Internal

16 Revenue Code of 1986 for the purpose of ensuring compli17 ance with, and enforcing, the rights of air travelers under

18 sections 41310 and 41712 of this title—

19 ‘‘(1) $2,300,000 for fiscal year 2000;

20 ‘‘(2) $2,415,000 for fiscal year 2001;

21 ‘‘(3) $2,535,750 for fiscal year 2002; and

22 ‘‘(4) $2,662,500 for fiscal year 2003.’’.

23 (b) CONFORMING AMENDMENT.—The chapter analysis

24 for chapter 481 is amended by adding at the end thereof

25 the following:

‘‘48112. Consumer protection.’’.
274

HR 1000 EAS

1 TITLE XV—PENALTIES FOR

2 UNRULY PASSENGERS

3 SEC. 1501. PENALTIES FOR UNRULY PASSENGERS.

4 (a) IN GENERAL.—Chapter 463 is amended by adding

5 at the end the following:

6 ‘‘§ 46317. Interference with cabin or flight crew

7 ‘‘(a) GENERAL RULE.—An individual who physically

8 assaults or threatens to physically assault a member of the

9 flight crew or cabin crew of a civil aircraft or any other

10 individual on the aircraft, or takes any action that poses

11 an imminent threat to the safety of the aircraft or other

12 individuals on the aircraft is liable to the United States

13 Government for a civil penalty of not more than $25,000.

14 ‘‘(b) COMPROMISE AND SETOFF.—

15 ‘‘(1) COMPROMISE.—The Secretary may com16 promise the amount of a civil penalty imposed under

17 this section.

18 ‘‘(2) SETOFF.—The United States Government

19 may deduct the amount of a civil penalty imposed or

20 compromised under this section from amounts the

21 Government owes the person liable for the penalty.’’.

22 (b) CONFORMING AMENDMENT.—The table of sections

23 for chapter 463 is amended by adding at the end the fol24 lowing:

‘‘46317. Interference with cabin or flight crew.’’.
275

HR 1000 EAS

1 SEC. 1502. DEPUTIZING OF STATE AND LOCAL LAW EN2 FORCEMENT OFFICERS.

3 (a) DEFINITIONS.—In this section:

4 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the

5 meaning given that term in section 40102.

6 (2) AIR TRANSPORTATION.—The term ‘‘air trans7 portation’’ has the meaning given that term in section

8 40102.

9 (3) ATTORNEY GENERAL.—The term ‘‘Attorney

10 General’’ means the Attorney General of the United

11 States.

12 (b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE

13 LOCAL LAW ENFORCEMENT OFFICERS.—

14 (1) IN GENERAL.—The Attorney General may—

15 (A) establish a program under which the

16 Attorney General may deputize State and local

17 law enforcement officers having jurisdiction over

18 airports and airport authorities as Deputy

19 United States Marshals for the limited purpose

20 of enforcing Federal laws that regulate security

21 on board aircraft, including laws relating to vio22 lent, abusive, or disruptive behavior by pas23 sengers of air transportation; and

24 (B) encourage the participation of law en25 forcement officers of State and local governments
276

HR 1000 EAS

1 in the program established under subparagraph

2 (A).

3 (2) CONSULTATION.—In establishing the pro4 gram under paragraph (1), the Attorney General

5 shall consult with appropriate officials of—

6 (A) the Federal Government (including the

7 Administrator of the Federal Aviation Adminis8 tration or a designated representative of the Ad9 ministrator); and

10 (B) State and local governments in any ge11 ographic area in which the program may oper12 ate.

13 (3) TRAINING AND BACKGROUND OF LAW EN14 FORCEMENT OFFICERS.—

15 (A) IN GENERAL.—Under the program es16 tablished under this subsection, to qualify to

17 serve as a Deputy United States Marshal under

18 the program, a State or local law enforcement of19 ficer shall—

20 (i) meet the minimum background and

21 training requirements for a law enforcement

22 officer under part 107 of title 14, Code of

23 Federal Regulations (or equivalent require24 ments established by the Attorney General);

25 and
277

HR 1000 EAS

1 (ii) receive approval to participate in

2 the program from the State or local law en3 forcement agency that is the employer of

4 that law enforcement officer.

5 (B) TRAINING NOT FEDERAL RESPONSI6 BILITY.—The Federal Government shall not be

7 responsible for providing to a State or local law

8 enforcement officer the training required to meet

9 the training requirements under subparagraph

10 (A)(i). Nothing in this subsection may be con11 strued to grant any such law enforcement officer

12 the right to attend any institution of the Federal

13 Government established to provide training to

14 law enforcement officers of the Federal Govern15 ment.

16 (c) POWERS AND STATUS OF DEPUTIZED LAW EN17 FORCEMENT OFFICERS.—

18 (1) IN GENERAL.—Subject to paragraph (2), a

19 State or local law enforcement officer that is depu20 tized as a Deputy United States Marshal under the

21 program established under subsection (b) may arrest

22 and apprehend an individual suspected of violating

23 any Federal law described in subsection (b)(1)(A), in24 cluding any individual who violates a provision sub25 ject to a civil penalty under section 46301 of title 49,
278

HR 1000 EAS

1 United States Code, or section 46302, 46303, 46504,

2 46505, or 46507 of that title, or who commits an act

3 described in section 46506 of that title.

4 (2) LIMITATION.—The powers granted to a State

5 or local law enforcement officer deputized under the

6 program established under subsection (b) shall be lim7 ited to enforcing Federal laws relating to security on

8 board aircraft in flight.

9 (3) STATUS.—A State or local law enforcement

10 officer that is deputized as a Deputy United States

11 Marshal under the program established under sub12 section (b) shall not—

13 (A) be considered to be an employee of the

14 Federal Government; or

15 (B) receive compensation from the Federal

16 Government by reason of service as a Deputy

17 United States Marshal in the program.

18 (d) STATUTORY CONSTRUCTION.—Nothing in this sec19 tion may be construed to—

20 (1) grant a State or local law enforcement officer

21 that is deputized under the program under subsection

22 (b) the power to enforce any Federal law that is not

23 described in subsection (c); or

24 (2) limit the authority that a State or local law

25 enforcement officer may otherwise exercise in the ca-
279

HR 1000 EAS

1 pacity under any other applicable State or Federal

2 law.

3 (e) REGULATIONS.—The Attorney General may pro4 mulgate such regulations as may be necessary to carry out

5 this section.

6 SEC. 1503. STUDY AND REPORT ON AIRCRAFT NOISE.

7 Not later than December 31, 2002, the Secretary of

8 Transportation shall conduct a study and report to Con9 gress on—

10 (1) airport noise problems in the United States;

11 (2) the status of cooperative consultations and

12 agreements between the Federal Aviation Administra13 tion and the International Civil Aviation Organiza14 tion on stage 4 aircraft noise levels; and

15 (3) the feasibility of proceeding with the develop16 ment and implementation of a timetable for air car17 rier compliance with stage 4 aircraft noise require18 ments.

19 TITLE XVI—AIRLINE

20 COMMISSION

21 SEC. 1601. SHORT TITLE.

22 This title may be cited as the ‘‘Improved Consumer

23 Access to Travel Information Act’’.
280

HR 1000 EAS

1 SEC. 1602. NATIONAL COMMISSION TO ENSURE CONSUMER

2 INFORMATION AND CHOICE IN THE AIRLINE

3 INDUSTRY.

4 (a) ESTABLISHMENT.—There is established a commis5 sion to be known as the ‘‘National Commission to Ensure

6 Consumer Information and Choice in the Airline Industry’’

7 (in this section referred to as the ‘‘Commission’’).

8 (b) DUTIES.—

9 (1) STUDY.—The Commission shall undertake a

10 study of—

11 (A) consumer access to information about

12 the products and services of the airline industry;

13 (B) the effect on the marketplace of the

14 emergence of new means of distributing such

15 products and services;

16 (C) the effect on consumers of the declining

17 financial condition of travel agents in the

18 United States; and

19 (D) the impediments imposed by the airline

20 industry on distributors of the industry’s prod21 ucts and services, including travel agents and

22 Internet-based distributors.

23 (2) POLICY RECOMMENDATIONS.—Based on the

24 results of the study described in paragraph (1), the

25 Commission shall recommend to the President and

26 Congress policies necessary to—
281

HR 1000 EAS

1 (A) ensure full consumer access to complete

2 information concerning airline fares, routes, and

3 other services;

4 (B) ensure that the means of distributing

5 the products and services of the airline industry,

6 and of disseminating information about such

7 products and services, is adequate to ensure that

8 competitive information is available in the mar9 ketplace;

10 (C) ensure that distributors of the products

11 and services of the airline industry have ade12 quate relief from illegal, anticompetitive prac13 tices that occur in the marketplace; and

14 (D) foster healthy competition in the airline

15 industry and the entry of new entrants.

16 (c) SPECIFIC MATTERS TO BE ADDRESSED.—In car17 rying out the study authorized under subsection (b)(1), the

18 Commission shall specifically address the following:

19 (1) CONSUMER ACCESS TO INFORMATION.—With

20 respect to consumer access to information regarding

21 the services and products offered by the airline indus22 try, the following:

23 (A) The state of such access.
282

HR 1000 EAS

1 (B) The effect in the 5-year period following

2 the date of the study of the making of alliances

3 in the airline industry.

4 (C) Whether and to what degree the trends

5 regarding such access will produce benefits to

6 consumers.

7 (2) MEANS OF DISTRIBUTION.—With respect to

8 the means of distributing the products and services of

9 the airline industry, the following:

10 (A) The state of such means of distribution.

11 (B) The roles played by travel agencies and

12 Internet-based providers of travel information

13 and services in distributing such products and

14 services.

15 (C) Whether the policies of the United

16 States promote the access of consumers to mul17 tiple means of distribution.

18 (3) AIRLINE RESERVATION SYSTEMS.—With re19 spect to airline reservation systems, the following:

20 (A) The rules, regulations, policies, and

21 practices of the industry governing such systems.

22 (B) How trends in such systems will affect

23 consumers, including—

24 (i) the effect on consumer access to

25 flight reservation information; and
283

HR 1000 EAS

1 (ii) the effect on consumers of the use

2 by the airline industry of penalties and

3 promotions to convince distributors to use

4 such systems, and the degree of consumer

5 awareness of such penalties and promotions.

6 (d) MEMBERSHIP.—

7 (1) APPOINTMENT.—The Commission shall be

8 composed of 15 voting members and 11 nonvoting

9 members as follows:

10 (A) 5 voting members and 1 nonvoting

11 member appointed by the President.

12 (B) 3 voting members and 3 nonvoting

13 members appointed by the Speaker of the House

14 of Representatives.

15 (C) 2 voting members and 2 nonvoting

16 members appointed by the minority leader of the

17 House of Representatives.

18 (D) 3 voting members and 3 nonvoting

19 members appointed by the majority leader of the

20 Senate.

21 (E) 2 voting members and 2 nonvoting

22 members appointed by the minority leader of the

23 Senate

24 (2) QUALIFICATIONS.—Voting members ap25 pointed under paragraph (1) shall be appointed from
284

HR 1000 EAS

1 among individuals who are experts in economics,

2 service product distribution, or transportation, or any

3 related discipline, and who can represent consumers,

4 passengers, shippers, travel agents, airlines, or gen5 eral aviation.

6 (3) TERMS.—Members shall be appointed for the

7 life of the Commission.

8 (4) VACANCIES.—A vacancy in the Commission

9 shall be filled in the manner in which the original

10 appointment was made.

11 (5) TRAVEL EXPENSES.—Members shall serve

12 without pay but shall receive travel expenses, includ13 ing per diem in lieu of subsistence, in accordance

14 with subchapter I of chapter 57 of title 5, United

15 States Code.

16 (6) CHAIRPERSON.—The President, in consulta17 tion with the Speaker of the House of Representatives

18 and the majority leader of the Senate, shall designate

19 the Chairperson of the Commission (referred to in this

20 title as the ‘‘Chairperson’’) from among its voting

21 members.

22 (e) COMMISSION PANELS.—The Chairperson shall es23 tablish such panels consisting of voting members of the

24 Commission as the Chairperson determines appropriate to

25 carry out the functions of the Commission.
285

HR 1000 EAS

1 (f) STAFF.—The Commission may appoint and fix the

2 pay of such personnel as it considers appropriate.

3 (g) STAFF OF FEDERAL AGENCIES.—Upon request of

4 the Commission, the head of any department or agency of

5 the United States may detail, on a reimbursable basis, any

6 of the personnel of that department or agency to the Com7 mission to assist it in carrying out its duties under this

8 section.

9 (h) OTHER STAFF AND SUPPORT.—Upon the request

10 of the Commission, or a panel of the Commission, the Sec11 retary of Transportation shall provide the Commission or

12 panel with professional and administrative staff and other

13 support, on a reimbursable basis, to assist the Commission

14 or panel in carrying out its responsibilities.

15 (i) OBTAINING OFFICIAL DATA.—The Commission

16 may secure directly from any department or agency of the

17 United States information (other than information required

18 by any statute of the United States to be kept confidential

19 by such department or agency) necessary for the Commis20 sion to carry out its duties under this section. Upon request

21 of the Commission, the head of that department or agency

22 shall furnish such nonconfidential information to the Com23 mission.

24 (j) REPORT.—Not later than 6 months after the date

25 on which initial appointments of members to the Commis-
286

HR 1000 EAS

1 sion are completed, the Commission shall transmit to the

2 President and Congress a report on the activities of the

3 Commission, including recommendations made by the Com4 mission under subsection (b)(2).

5 (k) TERMINATION.—The Commission shall terminate

6 on the 30th day following the date of transmittal of the re7 port under subsection (j). All records and papers of the

8 Commission shall thereupon be delivered by the Adminis9 trator of General Services for deposit in the National Ar10 chives.

11 (l) APPLICABILITY OF THE FEDERAL ADVISORY COM12 MITTEE ACT.—The Federal Advisory Committee Act (5

13 U.S.C. App.) shall not apply to the Commission.

14 TITLE XVII—TRANSPORTATION

15 OF ANIMALS

16 SEC. 1701. SHORT TITLE; TABLE OF CONTENTS.

17 (a) SHORT TITLE.—This title may be cited as the

18 ‘‘Safe Air Travel for Animals Act’’.

19 (b) TABLE OF CONTENTS.—The table of contents of this

20 title is as follows:

Sec. 1701. Short title; table of contents.

Sec. 1702. Findings.

SUBTITLE A—ANIMAL WELFARE

Sec. 1711. Definition of transport.

Sec. 1712. Information on incidence of animals in air transport.

Sec. 1713. Reports by carriers on incidents involving animals during air transport.

Sec. 1714. Annual reports.
287

HR 1000 EAS

SUBTITLE B—TRANSPORTATION

Sec. 1721. Policies and procedures for transporting animals.

Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals

during air transport.

Sec. 1723. Cargo hold improvements to protect animal health and safety.

1 SEC. 1702. FINDINGS.

2 Congress finds that—

3 (1) animals are live, sentient creatures, with the

4 ability to feel pain and suffer;

5 (2) it is inappropriate for animals transported

6 by air to be treated as baggage;

7 (3) according to the Air Transport Association,

8 over 500,000 animals are transported by air each

9 year and as many as 5,000 of those animals are lost,

10 injured, or killed;

11 (4) most injuries to animals traveling by air12 plane are due to mishandling by baggage personnel,

13 severe temperature fluctuations, insufficient oxygen in

14 cargo holds, or damage to kennels;

15 (5) there are no Federal requirements that air16 lines report incidents of animal loss, injury, or death;

17 (6) members of the public have no information to

18 use in choosing an airline based on its record of safe19 ty with regard to transporting animals;

20 (7) the last congressional action on animals

21 transported by air was conducted over 22 years ago;

22 and
288

HR 1000 EAS

1 (8) the conditions of cargo holds of airplanes

2 must be improved to protect the health, and ensure

3 the safety, of transported animals.

4 Subtitle A—Animal Welfare

5 SEC. 1711. DEFINITION OF TRANSPORT.

6 Section 2 of the Animal Welfare Act (7 U.S.C. 2132)

7 is amended by adding at the end the following:

8 ‘‘(p) TRANSPORT.—The term ‘transport’, when used

9 with respect to the air transport of an animal by a carrier,

10 means the transport of the animal during the period the

11 animal is in the custody of the carrier, from check-in of

12 the animal prior to departure until the animal is returned

13 to the owner or guardian of the animal at the final destina14 tion of the animal.’’.

15 SEC. 1712. INFORMATION ON INCIDENCE OF ANIMALS IN

16 AIR TRANSPORT.

17 Section 6 of the Animal Welfare Act (7 U.S.C. 2136)

18 is amended—

19 (1) by striking ‘‘SEC. 6. Every’’ and inserting

20 the following:

21 ‘‘SEC. 6. REGISTRATION.

22 ‘‘(a) IN GENERAL.—Each’’; and

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

24 ‘‘(b) INFORMATION ON INCIDENCE OF ANIMALS IN AIR

25 TRANSPORT.—Not later than 2 years after the date of enact-
289

HR 1000 EAS

1 ment of this subsection, the Secretary shall require each air2 line carrier to—

3 ‘‘(1) submit to the Secretary real-time informa4 tion (as the information becomes available, but at

5 least 24 hours in advance of a departing flight) on

6 each flight that will be carrying a live animal,

7 including—

8 ‘‘(A) the flight number;

9 ‘‘(B) the arrival and departure points of the

10 flight;

11 ‘‘(C) the date and times of the flight; and

12 ‘‘(D) a description of the number and types

13 of animals aboard the flight; and

14 ‘‘(2) ensure that the flight crew of an aircraft is

15 notified of the number and types of animals, if any,

16 on each flight of the crew.’’.

17 SEC. 1713. REPORTS BY CARRIERS ON INCIDENTS INVOLV18 ING ANIMALS DURING AIR TRANSPORT.

19 Section 19 of the Animal Welfare Act (7 U.S.C. 2149)

20 is amended by adding at the end the following:

21 ‘‘(e) REPORTS BY CARRIERS ON INCIDENTS INVOLVING

22 ANIMALS DURING AIR TRANSPORT.—

23 ‘‘(1) IN GENERAL.—An airline carrier that

24 causes, or is otherwise involved in or associated with,

25 an incident involving the loss, injury, death or mis-
290

HR 1000 EAS

1 handling of an animal during air transport shall

2 submit a report to the Secretary of Agriculture and

3 the Secretary of Transportation that provides a com4 plete description of the incident.

5 ‘‘(2) ADMINISTRATION.—Not later than 90 days

6 after the date of enactment of this subsection, the Sec7 retary of Agriculture, in consultation with the Sec8 retary of Transportation, shall issue regulations that

9 specify—

10 ‘‘(A) the type of information that shall be

11 included in a report required under paragraph

12 (1), including—

13 ‘‘(i) the date and time of an incident;

14 ‘‘(ii) the location and environmental

15 conditions of the incident site;

16 ‘‘(iii) the probable cause of the inci17 dent; and

18 ‘‘(iv) the remedial action of the carrier;

19 and

20 ‘‘(B) a mechanism for notifying the public

21 concerning the incident.

22 ‘‘(3) CONSUMER INFORMATION.—The Secretary

23 of Transportation shall include information received

24 under paragraph (1) in the Air Travel Consumer Re25 ports and other consumer publications of the Depart-
291

HR 1000 EAS

1 ment of Transportation in a separate category of in2 formation.

3 ‘‘(4) CONSUMER COMPLAINTS.—Not later than

4 15 days after receiving a consumer complaint con5 cerning the loss, injury, death or mishandling of an

6 animal during air transport, the Secretary of Trans7 portation shall provide a description of the complaint

8 to the Secretary of Agriculture.’’.

9 SEC. 1714. ANNUAL REPORTS.

10 Section 25 of the Animal Welfare Act (7 U.S.C. 2155)

11 is amended in the first sentence—

12 (1) in paragraph (4), by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (5), by striking the period at

15 the end and inserting ‘‘; and’’; and

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

17 ‘‘(6) a summary of—

18 ‘‘(A) incidents involving the loss, injury, or

19 death of animals transported by airline carriers;

20 and

21 ‘‘(B) consumer complaints regarding the in22 cidents.’’.
292

HR 1000 EAS

1 Subtitle B—Transportation

2 SEC. 1721. POLICIES AND PROCEDURES FOR TRANS3 PORTING ANIMALS.

4 (a) IN GENERAL.—Subchapter I of chapter 417 of title

5 49, United States Code, is amended by adding at the end

6 the following:

7 ‘‘§ 41716. Policies and procedures for transporting

8 animals

9 ‘‘An air carrier shall establish and include in each

10 contract of carriage under part 253 of title 14, Code of Fed11 eral Regulations (or any successor regulation) policies and

12 procedures of the carrier for transporting animals safely,

13 including—

14 ‘‘(1) training requirements for airline personnel

15 in the proper treatment of animals being transported;

16 ‘‘(2) information on the risks associated with air

17 travel for animals;

18 ‘‘(3) a description of the conditions under which

19 animals are transported;

20 ‘‘(4) the safety record of the carrier with respect

21 to transporting animals; and

22 ‘‘(5) plans for handling animals prior to and

23 after flight, and when there are flight delays or other

24 circumstances that may affect the health or safety of

25 an animal during transport.’’.
293

HR 1000 EAS

1 (b) TABLE OF CONTENTS.—The analysis for chapter

2 417 of title 49, United States Code, is amended by adding

3 at the end of the items relating to subchapter I the following:

‘‘41716. Policies and procedures for transporting animals.’’.

4 SEC. 1722. CIVIL PENALTIES AND COMPENSATION FOR

5 LOSS, INJURY, OR DEATH OF ANIMALS DUR6 ING AIR TRANSPORT.

7 (a) IN GENERAL.—Chapter 463 of title 49, United

8 States Code, is amended by adding at the end the following:

9 ‘‘§ 46317. Civil penalties and compensation for loss,

10 injury, or death of animals during air

11 transport

12 ‘‘(a) DEFINITIONS.—In this section:

13 ‘‘(1) CARRIER.—The term ‘carrier’ means a per14 son (including any employee, contractor, or agent of

15 the person) operating an aircraft for the transpor16 tation of passengers or property for compensation.

17 ‘‘(2) TRANSPORT.—The term ‘transport’, when

18 used with respect to the air transport of an animal

19 by a carrier, means the transport of the animal dur20 ing the period the animal is in the custody of a car21 rier, from check-in of the animal prior to departure

22 until the animal is returned to the owner or guardian

23 of the animal at the final destination of the animal.

24 ‘‘(b) CIVIL PENALTIES.—
294

HR 1000 EAS

1 ‘‘(1) IN GENERAL.—The Secretary may assess a

2 civil penalty of not more than $5,000 for each viola3 tion on, or issue a cease and desist order against, any

4 carrier that causes, or is otherwise involved in or as5 sociated with, the loss, injury, or death of an animal

6 during air transport.

7 ‘‘(2) CEASE AND DESIST ORDERS.—A carrier

8 who knowingly fails to obey a cease and desist order

9 issued by the Secretary under this subsection shall be

10 subject to a civil penalty of $1,500 for each offense.

11 ‘‘(3) SEPARATE OFFENSES.—For purposes of de12 termining the amount of a penalty imposed under

13 this subsection, each violation and each day during

14 which a violation continues shall be a separate of15 fense.

16 ‘‘(4) FACTORS.—In determining whether to as17 sess a civil penalty under this subsection and the

18 amount of the civil penalty, the Secretary shall

19 consider—

20 ‘‘(A) the size and financial resources of the

21 business of the carrier;

22 ‘‘(B) the gravity of the violation;

23 ‘‘(C) the good faith of the carrier; and

24 ‘‘(D) any history of previous violations by

25 the carrier.
295

HR 1000 EAS

1 ‘‘(5) COLLECTION OF PENALTIES.—

2 ‘‘(A) IN GENERAL.—On the failure of a car3 rier to pay a civil penalty assessed by a final

4 order under this section, the Secretary shall re5 quest the Attorney General to institute a civil ac6 tion in a district court of the United States or

7 other United States court for any district in

8 which the carrier is found or resides or transacts

9 business, to collect the penalty.

10 ‘‘(B) PENALTIES.—The court shall have ju11 risdiction to hear and decide an action brought

12 under subparagraph (A).

13 ‘‘(c) COMPENSATION.—If an animal is lost, injured, or

14 dies in transport by a carrier, unless the carrier proves that

15 the carrier did not cause, and was not otherwise involved

16 in or associated with, the loss, injury, or death of the ani17 mal, the owner of the animal shall be entitled to compensa18 tion from the carrier in an amount that—

19 ‘‘(1) is not less than 2 times any limitation es20 tablished by the carrier for loss or damage to baggage

21 under part 254 of title 14, Code of Federal Regula22 tions (or any successor regulation); and

23 ‘‘(2) includes all veterinary and other related

24 costs that are documented and initiated not later
296

HR 1000 EAS

1 than 1 year after the incident that caused the loss, in2 jury, or death of the animal.’’.

3 (b) TABLE OF CONTENTS.—The analysis for chapter

4 463 of title 49, United States Code, is amended by adding

5 at the end the following:

‘‘46317. Civil penalties and compensation for loss, injury, or death of animals

during air transport.’’.

6 SEC. 1723. CARGO HOLD IMPROVEMENTS TO PROTECT ANI7 MAL HEALTH AND SAFETY.

8 (a) IN GENERAL.—To protect the health and safety of

9 animals in transport, the Secretary of Transportation

10 shall—

11 (1) in conjunction with requiring certain trans12 port category airplanes used in passenger service to

13 replace class D cargo or baggage compartments with

14 class C cargo or baggage compartments under parts

15 25, 121, and 135 of title 14, Code of Federal Regula16 tions, to install, to the maximum extent practicable,

17 systems that permit positive airflow and heating and

18 cooling for animals that are present in cargo or bag19 gage compartments; and

20 (2) effective beginning January 1, 2001, prohibit

21 the transport of an animal by any carrier in a cargo

22 or baggage compartment that fails to include a system

23 described in paragraph (1).
297

HR 1000 EAS

1 (b) REPORT.—Not later than March 31, 2002, the Sec2 retary shall submit a report to Congress that describes ac3 tions that have been taken to carry out subsection (a).

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1000

AMENDMENT
—2—3—4—5—6—7—8—9—10—11—12—13—14—15
—16—17—18—19—20