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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Reported in House (RH)]

                                                 Union Calendar No. 102

106th CONGRESS

  1st Session

                               H. R. 1000

                  [Report No. 106-167, Parts I and II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 11, 1999

    Committees on the Budget and Rules discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed

                                                 Union Calendar No. 102
106th CONGRESS
  1st Session
                                H. R. 1000

                  [Report No. 106-167, Parts I and II]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1999

 Mr. Shuster (for himself, Mr. Duncan, Mr. Oberstar, and Mr. Lipinski) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 the Budget, and Rules, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                              May 28, 1999

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 28, 1999

Referral to the Committees on the Budget and Rules extended until June 
                                11, 1999

                             June 11, 1999

Additional sponsors: Mr. Terry, Mr. Dickey, Mr. Traficant, Mr. Holden, 
 Mr. LaTourette, Mr. Klink, Mr. Costello, Mrs. Tauscher, Mr. Moran of 
Kansas, Mr. Blumenauer, Mr. Cooksey, Mr. Rahall, Mr. Bass, Ms. Brown of 
   Florida, Mr. Doolittle, Mr. Boswell, Mr. Tauzin, Mr. Lampson, Mr. 
   Bereuter, Ms. Millender-McDonald, Mr. Kuykendall, Ms. Norton, Mr. 
Isakson, Mr. Ehlers, Mr. Sherwood, Mr. Taylor of Mississippi, Mr. Gary 
   Miller of California, Mr. Cummings, Mr. Boehlert, Ms. Danner, Mr. 
DeMint, Mr. DeFazio, Mrs. Kelly, Mr. LaHood, Mr. Bachus, Mr. Pascrell, 
Mr. Quinn, Mr. Evans, Mr. Hastings of Florida, Ms. Berkley, Mrs. Cubin, 
 Mr. Hill of Montana, Mr. Peterson of Minnesota, Mr. Ortiz, Mr. Pombo, 
 Mr. Souder, Mr. English, Mr. Shows, Mr. Pickett, Mr. Clay, and Ms. Lee

                             June 11, 1999

    Committees on the Budget and Rules discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                                4, 1999]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Aviation 
Investment and Reform Act for the 21st Century''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Administrator defined.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                          Subtitle A--Funding

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Budget submission.

                    Subtitle B--Airport Development

Sec. 121. Runway incursion prevention devices; emergency call boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Aviation security program.
Sec. 134. Inherently low-emission airport vehicle pilot program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.

                       Subtitle C--Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving 
                            sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
Sec. 205. Determination of distance from hub airport.

           Subtitle B--Regional Air Service Incentive Program

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

                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air Traffic Control Oversight Board.
Sec. 303. Chief Operating Officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.

                      TITLE IV--FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Applicability of Death on the High Seas Act.

                            TITLE V--SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.

                   TITLE VI--WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Aircraft situational display data.
Sec. 722. Elimination of backlog of equal employment opportunity 
                            complaints.
Sec. 723. Newport News, Virginia.
Sec. 724. Grant of easement, Los Angeles, California.
Sec. 725. Regulation of Alaska guide pilots.
Sec. 726. Aircraft repair and maintenance advisory panel.
Sec. 727. Operations of air taxi industry.
Sec. 728. Sense of Congress concerning completion of comprehensive 
                            national airspace redesign.
Sec. 729. Compliance with requirements.
Sec. 730. Aircraft noise levels at airports.
Sec. 731. FAA consideration of certain State proposals.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 805. Reports.
Sec. 806. Exemptions.
Sec. 807. Definitions.

                      TITLE IX--TRUTH IN BUDGETING

Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway 
                            Trust Fund.
Sec. 904. Applicability.

            TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

Sec. 1001. Adjustment of trust fund authorizations.
Sec. 1002. Budget estimates.
Sec. 1003. Sense of Congress on fully offsetting increased aviation 
                            spending.

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

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. APPLICABILITY.

    Except as otherwise specifically provided, this Act and the 
amendments made by this Act shall apply only to fiscal years beginning 
after September 30, 1999.

SEC. 4. ADMINISTRATOR DEFINED.

    In this Act, the term ``Administrator'' means the Administrator of 
the Federal Aviation Administration.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                          Subtitle A--Funding

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended by 
striking ``shall be'' the last place it appears and all that follows 
through the period at the end and inserting the following: ``shall be--
            ``(1) $2,410,000,000 for fiscal year 1999;
            ``(2) $2,475,000,000 for fiscal year 2000;
            ``(3) $4,000,000,000 for fiscal year 2001;
            ``(4) $4,100,000,000 for fiscal year 2002;
            ``(5) $4,250,000,000 for fiscal year 2003; and
            ``(6) $4,350,000,000 for fiscal year 2004.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``After'' and all that follows through ``1999,'' and inserting 
``After September 30, 2004,''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--Effective September 
30, 1999, section 48101(a) is amended by striking paragraphs (1), (2), 
and (3) and inserting the following:
            ``(1) Such sums as may be necessary for fiscal year 2000.
            ``(2) $2,500,000,000 for fiscal year 2001.
            ``(3) $3,000,000,000 for each of fiscal years 2002 through 
        2004.''.
    (b) Universal Access Systems.--Section 48101 is amended by adding 
at the end the following:
    ``(d) Universal Access Systems.--Of the amounts appropriated under 
subsection (a) for fiscal year 2001, $8,000,000 may be used for the 
voluntary purchase and installation of universal access systems.''.

SEC. 103. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Effective 
September 30, 1999, section 106(k) is amended--
            (1) by inserting ``(1) In general.--'' before ``There'';
            (2) in paragraph (1) (as designated by paragraph (1) of 
        this subsection) by striking ``the Administration'' and all 
        that follows through the period at the end and inserting the 
        following: ``the Administration--
                    ``(A) such sums as may be necessary for fiscal year 
                2000;
                    ``(B) $6,450,000,000 for fiscal year 2001;
                    ``(C) $6,886,000,000 for fiscal year 2002;
                    ``(D) $7,357,000,000 for fiscal year 2003; and
                    ``(E) $7,860,000,000 for fiscal year 2004.'';
            (3) by adding at the end the following:
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) for fiscal years 2001 through 2004--
                    ``(A) $450,000 per fiscal year may be used for 
                wildlife hazard mitigation measures and management of 
                the wildlife strike database of the Federal Aviation 
                Administration;
                    ``(B) such sums as may be necessary may be used to 
                fund an office within the Federal Aviation 
                Administration dedicated to supporting infrastructure 
                systems development for both general aviation and the 
                vertical flight industry;
                    ``(C) such sums as may be necessary may be used to 
                revise existing terminal and en route procedures and 
                instrument flight rules to facilitate the takeoff, 
                flight, and landing of tiltrotor aircraft and to 
                improve the national airspace system by separating such 
                aircraft from congested flight paths of fixed-wing 
                aircraft;
                    ``(D) such sums as may be necessary may be used to 
                establish helicopter approach procedures using current 
                technologies (such as the Global Positioning System) to 
                support all-weather, emergency medical service for 
                trauma patients;
                    ``(E) $3,000,000 per fiscal year may be used to 
                implement the 1998 airport surface operations safety 
                action plan of the Federal Aviation Administration;
                    ``(F) $2,000,000 per fiscal year may be used to 
                support a university consortium established to provide 
                an air safety and security management certificate 
                program, working cooperatively with United States air 
                carriers; except that funds under this subparagraph--
                            ``(i) may not be used for the construction 
                        of a building or other facility; and
                            ``(ii) may only be awarded on the basis of 
                        open competition; and
                    ``(G) such sums as may be necessary may be used to 
                develop or improve training programs (including model 
                training programs and curriculum) for security 
                screeners at airports.''; and
            (4) by indenting paragraph (1) (as designated by paragraph 
        (1) of this subsection) and aligning such paragraph (1) with 
        paragraph (2) (as added by paragraph (2) of this subsection).
    (b) Authorization of Appropriations From Trust Fund.--Section 48104 
is amended--
            (1) by striking subsection (b) and redesignating subsection 
        (c) as subsection (b);
            (2) in subsection (b) (as so redesignated)--
                    (A) by striking the subsection heading and 
                inserting ``General Rule: Limitation on Trust Fund 
                Amounts.--''; and
                    (B) in the matter preceding paragraph (1)--
                            (i) by striking ``The amount'' and 
                        inserting ``Except as provided in subsection 
                        (c), the amount''; and
                            (ii) by striking ``for each of fiscal years 
                        1994 through 1998'' and inserting ``for fiscal 
                        year 2000 and each fiscal year thereafter''; 
                        and
            (3) by adding at the end the following:
    ``(c) Special Rule for Fiscal Years 2000-2004.--
            ``(1) In general.--If the amount appropriated under section 
        106(k) for any of fiscal years 2000 through 2004 less the 
        amount that would be appropriated, but for this subsection, 
        from the Trust Fund for the purposes of paragraphs (1) and (2) 
        of subsection (a) for such fiscal year is greater than the 
        general fund cap, the amount appropriated from the Trust Fund 
        for the purposes of paragraphs (1) and (2) of subsection (a) 
        for such fiscal year shall equal the amount appropriated under 
        section 106(k) for such fiscal year less the general fund cap.
            ``(2) General fund cap defined.--In this subsection, the 
        term `general fund cap' means that portion of the amounts 
        appropriated for programs of the Federal Aviation 
        Administration for fiscal year 1998 that was derived from the 
        general fund of the Treasury.
    (c) Limitation on Obligating or Expending Amounts.--Section 48108 
is amended by striking subsection (c).

SEC. 104. AIP FORMULA CHANGES.

    (a) Discretionary Fund.--Section 47115 is amended by striking 
subsections (g) and (h) and inserting the following:
    ``(g) Priority for Letters of Intent.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall fulfill intentions to obligate under section 47110(e) 
        with amounts available in the fund established by subsection 
        (a) and, if such amounts are not sufficient for a fiscal year, 
        with amounts made available to carry out sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
        rata basis.
            ``(2) Procedure.--Before apportioning funds under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of each 
        fiscal year, the Secretary shall determine the amount of funds 
        that will be necessary to fulfill intentions to obligate under 
        section 47110(e) in such fiscal year. If such amount is greater 
        than the amount of funds that will be available in the fund 
        established by subsection (a) for such fiscal year, the 
        Secretary shall reduce the amount to be apportioned under such 
        sections for such fiscal year on a pro rata basis by an amount 
        equal to the difference.''.
    (b) Amounts Apportioned to Sponsors.--
            (1) Amounts to be apportioned.--Effective October 1, 2000, 
        section 47114(c)(1) is amended--
                    (A) in subparagraph (A) by striking clauses (i) 
                through (v) and inserting the following:
            ``(i) $23.40 for each of the first 50,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(ii) $15.60 for each of the next 50,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(iii) $7.80 for each of the next 400,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(iv) $1.95 for each of the next 500,000 passenger 
        boardings at the airport during the prior calendar year; and
            ``(v) $1.50 for each additional passenger boarding at the 
        airport during the prior calendar year.''; and
                    (B) in subparagraph (B) by striking ``$500,000 nor 
                more than $22,000,000'' and inserting ``$1,500,000''.
            (2) Special rules.--Section 47114(c)(1) is amended by 
        adding at the end the following:
    ``(C) Notwithstanding subparagraph (A), the Secretary shall 
apportion to an airport sponsor in a fiscal year an amount equal to the 
amount apportioned to that sponsor in the previous fiscal year if the 
Secretary finds that--
            ``(i) passenger boardings at the airport were less than 
        10,000 in the calendar year used to calculate the 
        apportionment;
            ``(ii) the airport had at least 10,000 passenger boardings 
        in the calendar year prior to the calendar year used to 
        calculate the apportionment; and
            ``(iii) the cause of the decrease in passenger boardings 
        was a temporary but significant interruption in service by an 
        air carrier to that airport due to an employment action, 
        natural disaster, or other event unrelated to the demand for 
        air transportation at the airport.
    ``(D) Notwithstanding subparagraph (A), the Secretary shall 
apportion on the first day of the first fiscal year following the 
official opening of a new airport with scheduled passenger air 
transportation an amount equal to the minimum amount set forth in 
subparagraph (B) to the sponsor of such airport.''.
    (c) Cargo Only Airports.--Section 47114(c)(2)(A) is amended by 
striking ``2.5 percent'' and inserting ``3 percent''.
    (d) Entitlement for General Aviation Airports.--Effective October 
1, 2000, section 47114(d) is amended--
            (1) in the subsection heading by striking ``to States'' and 
        inserting ``for General Aviation Airports'';
            (2) in paragraph (1) by striking ``(1) In this'' and 
        inserting ``(1) Definitions.--In this'';
            (3) by indenting paragraph (1) and aligning paragraph (1) 
        (and its subparagraphs) with paragraph (2) (as amended by 
        paragraph (2) of this subsection); and
            (4) by striking paragraph (2) and inserting the following:
            ``(2) Apportionments.--The Secretary shall apportion 20 
        percent of the amount subject to apportionment for each fiscal 
        year as follows:
                    ``(A) To each airport, excluding primary airports 
                but including reliever and nonprimary commercial 
                service airports, in States the lesser of--
                            ``(i) $200,000; or
                            ``(ii) \1/5\ of the most recently published 
                        estimate of the 5-year costs for airport 
                        improvement for the airport, as listed in the 
                        national plan of integrated airport systems 
                        developed by the Federal Aviation 
                        Administration under section 47103.
                    ``(B) Any remaining amount to States as follows:
                            ``(i) 0.62 percent of the remaining amount 
                        to Guam, American Samoa, the Commonwealth of 
                        the Northern Mariana Islands, and the Virgin 
                        Islands.
                            ``(ii) Except as provided in paragraph (3), 
                        49.69 percent of the remaining amount for 
                        airports, excluding primary airports but 
                        including reliever and nonprimary commercial 
                        service airports, in States not named in clause 
                        (i) in the proportion that the population of 
                        each of those States bears to the total 
                        population of all of those States.
                            ``(iii) Except as provided in paragraph 
                        (3), 49.69 percent of the remaining amount for 
                        airports, excluding primary airports but 
                        including reliever and nonprimary commercial 
                        service airports, in States not named in clause 
                        (i) in the proportion that the area of each of 
                        those States bears to the total area of all of 
                        those States.''.
    (e) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) Special rule.--An amount apportioned under paragraph 
        (2) to Alaska, Puerto Rico, or Hawaii for airports in such 
        State may be made available by the Secretary for any public 
        airport in those respective jurisdictions.''.
    (f) Use of State-Apportioned Funds for System Planning.--Section 
47114(d) is amended by adding at the end the following:
            ``(4) Integrated airport system planning.--Notwithstanding 
        paragraph (2), funds made available under this subsection may 
        be used for integrated airport system planning that encompasses 
        1 or more primary airports.''.
    (g) Flexibility in Pavement Construction Standards.--
    Section 47114(d) is further amended by adding at the end the 
following:
            ``(5) Flexibility in pavement construction standards.--The 
        Secretary may permit the use of State highway specifications 
        for airfield pavement construction using funds made available 
        under this subsection at nonprimary airports serving aircraft 
        that do not exceed 60,000 pounds gross weight if the Secretary 
        determines that--
                    ``(A) safety will not be negatively affected; and
                    ``(B) the life of the pavement will not be shorter 
                than it would be if constructed using Federal Aviation 
                Administration standards.''.
    (h) Grants for Airport Noise Compatibility Planning.--Section 
47117(e)(1) is amended--
            (1) in subparagraph (A) by striking ``31 percent'' each 
        place it appears and inserting ``34 percent''; and
            (2) in subparagraph (B) by striking ``At least'' and all 
        that follows through ``sponsors of current'' and inserting ``At 
        least 4 percent to sponsors of current''.
    (i) Supplemental Apportionment for Alaska.--Effective October 1, 
2000, section 47114(e) is amended--
            (1) in the subsection heading by striking ``Alternative'' 
        and inserting ``Supplemental'';
            (2) in paragraph (1)--
                    (A) by striking ``Instead of apportioning amounts 
                for airports in Alaska under'' and inserting ``In 
                general.--Notwithstanding'';
                    (B) by striking ``those airports'' and inserting 
                ``airports in Alaska''; and
                    (C) by inserting before the period at the end of 
                the first sentence ``and by increasing the amount so 
                determined for each of those airports by 3 times'';
            (3) in paragraph (2) by inserting ``Authority for 
        discretionary grants.--'' before ``This subsection'';
            (4) by striking paragraph (3) and inserting the following:
            ``(3) Airports eligible for funds.--An amount apportioned 
        under this subsection may be used for any public airport in 
        Alaska.''; and
            (5) by indenting paragraph (1) and aligning paragraph (1) 
        (and its subparagraphs) and paragraph (2) with paragraph (3) 
        (as amended by paragraph (4) of this subsection).
    (j) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and by redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.

SEC. 105. PASSENGER FACILITY FEES.

    (a) Authority To Impose Higher Fee.--Section 40117(b) is amended by 
adding at the end the following:
    ``(4) Notwithstanding paragraph (1), the Secretary may authorize 
under this section an eligible agency to impose a passenger facility 
fee in whole dollar amounts of more than $3 on each paying passenger of 
an air carrier or foreign air carrier boarding an aircraft at an 
airport the agency controls to finance an eligible airport-related 
project, including making payments for debt service on indebtedness 
incurred to carry out the project, if the Secretary finds--
            ``(A) that the project will make a significant contribution 
        to improving air safety and security, increasing competition 
        among air carriers, reducing current or anticipated congestion, 
        or reducing the impact of aviation noise on people living near 
        the airport;
            ``(B) that the project cannot be paid for from funds 
        reasonably expected to be available for the programs referred 
        to in section 48103; and
            ``(C) that the amount to be imposed is not more than twice 
        that which may be imposed under paragraph (1).''.
    (b) Limitation on Approval of Certain Applications.--Section 
40117(d) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) in the case of an application to impose a fee of more 
        than $3 for a surface transportation or terminal project, the 
        agency has made adequate provision for financing the airside 
        needs of the airport, including runways, taxiways, aprons, and 
        aircraft gates.''.
    (c) Reducing Apportionments.--Section 47114(f) is amended--
            (1) by striking ``An amount'' and inserting the following:
            ``(1) In general.--An amount'';
            (2) by striking ``an amount equal to'' and all that follows 
        through the period at the end and inserting the following: ``an 
        amount equal to--
                    ``(A) in the case of a fee of $3 or less, 50 
                percent of the projected revenues from the fee in the 
                fiscal year but not by more than 50 percent of the 
                amount that otherwise would be apportioned under this 
                section; and
                    ``(B) in the case of a fee of more than $3, 75 
                percent of the projected revenues from the fee in the 
                fiscal year but not by more than 75 percent of the 
                amount that otherwise would be apportioned under this 
                section.''; and
            (3) by adding at the end the following:
            ``(2) Effective date of reduction.--A reduction in an 
        apportionment required by paragraph (1) shall not take effect 
        until the first fiscal year following the year in which the 
        collection of the fee imposed under section 40117 is begun.''.

SEC. 106. BUDGET SUBMISSION.

    The Administrator shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
copy of the annual budget estimates of the Federal Aviation 
Administration, including line item justifications, at the same time 
the annual budget estimates are submitted to the Committees on 
Appropriations of the Senate and the House of Representatives.

                    Subtitle B--Airport Development

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

    (a) Policy.--Section 47101(a)(11) is amended by inserting 
``(including integrated in-pavement lighting systems for runways and 
taxiways and other runway and taxiway incursion prevention devices)'' 
after ``technology''.
    (b) Maximum Use of Safety Facilities.--Section 47101(f) is 
amended--
            (1) by striking ``and'' at the end of paragraph (9); and
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways.''.
    (c) Inclusion of Universal Access Systems and Emergency Call Boxes 
as Airport Development.--Section 47102(3)(B) is amended--
            (1) in clause (ii)--
                    (A) by striking ``and universal access systems,'' 
                and inserting ``, universal access systems, and 
                emergency call boxes,''; and
                    (B) by inserting ``and integrated in-pavement 
                lighting systems for runways and taxiways and other 
                runway and taxiway incursion prevention devices'' 
                before the semicolon at the end; and
            (2) by inserting before the semicolon at the end of clause 
        (iii) the following: ``, including closed circuit weather 
        surveillance equipment''.

SEC. 122. WINDSHEAR DETECTION EQUIPMENT.

    Section 47102(3)(B) is further amended--
            (1) by striking ``and'' at the end of clause (v);
            (2) by striking the period at the end of clause (vi) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                            ``(vii) windshear detection equipment; 
                        and''.

SEC. 123. ENHANCED VISION TECHNOLOGIES.

    (a) Study.--The Administrator shall conduct a study of the 
feasibility of requiring United States airports to install enhanced 
vision technologies to replace or enhance conventional landing light 
systems over the 10-year period following the date of completion of 
such study.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study conducted under subsection (a), together with such 
recommendations as the Administrator considers appropriate.
    (c) Inclusion of Installation as Airport Development.--Section 
47102 is amended--
            (1) in paragraph (3)(B) (as amended by this Act) by adding 
        at the end the following:
                            ``(viii) enhanced vision technologies that 
                        are certified by the Administrator of the 
                        Federal Aviation Administration and that are 
                        intended to replace or enhance conventional 
                        landing light systems.''; and
            (2) by adding at the end the following:
            ``(21) Enhanced vision technologies.--The term `enhanced 
        vision technologies' means laser guidance, ultraviolet 
        guidance, infrared, and cold cathode technologies.''.
    (d) Certification.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall transmit to Congress a 
schedule for deciding whether or not to certify laser guidance 
equipment for use as approach lighting at United States airports and of 
cold cathode lighting equipment for use as runway and taxiway lighting 
at United States airports and as lighting at United States heliports.

SEC. 124. PAVEMENT MAINTENANCE.

    (a) Repeal of Pilot Program.--
            (1) In general.--Section 47132 is repealed.
            (2) Conforming amendment.--The analysis for chapter 471 is 
        amended by striking the item relating to section 47132.
    (b) Eligibility as Airport Development.--Section 47102(3) is 
amended by adding at the end the following:
                    ``(H) routine work to preserve and extend the 
                useful life of runways, taxiways, and aprons at 
                airports that are not primary airports, under 
                guidelines issued by the Administrator.''.

SEC. 125. COMPETITION PLANS.

    (a) In General.--Section 47106 is amended by adding at the end the 
following:
    ``(f) Competition Plans.--
            ``(1) Prohibition.--Beginning in fiscal year 2001, no 
        passenger facility fee may be approved for a covered airport 
        under section 40117 and no grant may be made under this 
        subchapter for a covered airport unless the airport has 
        submitted to the Secretary a written competition plan in 
        accordance with this subsection.
            ``(2) Contents.--A competition plan under this subsection 
        shall include information on the availability of airport gates 
        and related facilities, leasing and sub-leasing arrangements, 
        gate-use requirements, patterns of air service, gate-assignment 
        policy, financial constraints, airport controls over air- and 
        ground-side capacity, whether the airport intends to build or 
        acquire gates that would be used as common facilities, and 
        airfare levels (as compiled by the Department of 
        Transportation) compared to other large airports.
            ``(3) Covered airport defined.--In this subsection, the 
        term `covered airport' means a commercial service airport--
                    ``(A) that has more than .25 percent of the total 
                number of passenger boardings each year at all such 
                airports; and
                    ``(B) at which 1 or 2 air carriers control more 
                than 50 percent of the passenger boardings.''.
    (b) Cross Reference.--Section 40117 is amended by adding at the end 
the following:
    ``(j) Competition Plans.--Beginning in fiscal year 2001, no 
eligible agency may impose a passenger facility fee under this section 
with respect to a covered airport (as such term is defined in section 
47106(f)) unless the agency has submitted to the Secretary a written 
competition plan in accordance with such section. This subsection does 
not apply to passenger facility fees in effect before the date of 
enactment of this subsection.''.

SEC. 126. MATCHING SHARE.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) not more than 90 percent for a project funded by a 
        grant issued to and administered by a State under section 
        47128, relating to the State block grant program;'';
            (3) by striking ``and'' at the end of paragraph (3) (as so 
        redesignated);
            (4) by striking the period at the end of paragraph (4) (as 
        so redesignated) and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(5) 100 percent in fiscal year 2001 for any project--
                    ``(A) at an airport other than a primary airport; 
                or
                    ``(B) at a primary airport having less than .05 
                percent of the total number of passenger boardings each 
                year at all commercial service airports.''.

SEC. 127. LETTERS OF INTENT.

    Section 47110(e) is amended--
            (1) by striking paragraph (2)(C) and inserting the 
        following:
            ``(C) that meets the criteria of section 47115(d) and, if 
        for a project at a commercial service airport having at least 
        0.25 percent of the boardings each year at all such airports, 
        the Secretary decides will enhance system-wide airport capacity 
        significantly.''; and
            (2) by striking paragraph (5) and inserting the following:
    ``(5) Letters of intent.--The Secretary may not require an eligible 
agency to impose a passenger facility fee under section 40117 in order 
to obtain a letter of intent under this section.''.

SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

    (a) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--Section 47116 is amended by adding at the end the 
following:
    ``(e) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--In the first fiscal year beginning after the effective 
date of regulations issued to carry out section 44706(b) with respect 
to airports described in section 44706(a)(2), and in each of the next 4 
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts 
that would otherwise be distributed to sponsors of airports under 
subsection (b)(2) shall be used to assist the airports in meeting the 
terms established by the regulations. If the Secretary publishes in the 
Federal Register a finding that all the terms established by the 
regulations have been met, this subsection shall cease to be effective 
as of the date of such publication.''.
    (b) Notification of Source of Grant.--Section 47116 is further 
amended by adding at the end the following:
    ``(f) Notification of Source of Grant.--Whenever the Secretary 
makes a grant under this section, the Secretary shall notify the 
recipient of the grant, in writing, that the source of the grant is 
from the small airport fund.''.
    (c) Technical Amendments.--Section 47116(d) is amended--
            (1) by striking ``In making'' and inserting the following:
            ``(1) Construction of new runways.--In making'';
            (2) by adding at the end the following:
            ``(2) Airport development for turbine powered aircraft.--In 
        making grants to sponsors described in subsection (b)(1), the 
        Secretary shall give priority consideration to airport 
        development projects to support operations by turbine powered 
        aircraft, if the non-Federal share of the project is at least 
        40 percent.''; and
            (3) by aligning the remainder of paragraph (1) (as 
        designated by paragraph (1) of this subsection) with paragraph 
        (2) (as added by paragraph (2) of this subsection).

SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

    Section 47117(f) (as redesignated by section 104(j) of this Act) is 
amended to read as follows:
    ``(f) Discretionary Use of Apportionments.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary finds that all or part of an amount of an 
        apportionment under section 47114 is not required during a 
        fiscal year to fund a grant for which the apportionment may be 
        used, the Secretary may use during such fiscal year the amount 
        not so required to make grants for any purpose for which grants 
        may be made under section 48103. The finding may be based on 
        the notifications that the Secretary receives under section 
        47105(f) or on other information received from airport 
        sponsors.
            ``(2) Restoration of apportionments.--
                    ``(A) In general.--If the fiscal year for which a 
                finding is made under paragraph (1) with respect to an 
                apportionment is not the last fiscal year of 
                availability of the apportionment under subsection (b), 
                the Secretary shall restore to the apportionment an 
                amount equal to the amount of the apportionment used 
                under paragraph (1) for a discretionary grant whenever 
                a sufficient amount is made available under section 
                48103.
                    ``(B) Period of availability.--If restoration under 
                this paragraph is made in the fiscal year for which the 
                finding is made or the succeeding fiscal year, the 
                amount restored shall be subject to the original period 
                of availability of the apportionment under subsection 
                (b). If the restoration is made thereafter, the amount 
                restored shall remain available in accordance with 
                subsection (b) for the original period of availability 
                of the apportionment, plus the number of fiscal years 
                during which a sufficient amount was not available for 
                the restoration.
            ``(3) Newly available amounts.--
                    ``(A) Restored amounts to be unavailable for 
                discretionary grants.--Of an amount newly available 
                under section 48103 of this title, an amount equal to 
                the amounts restored under paragraph (2) shall not be 
                available for discretionary grant obligations under 
                section 47115.
                    ``(B) Use of remaining amounts.--Subparagraph (A) 
                does not impair the Secretary's authority under 
                paragraph (1), after a restoration under paragraph (2), 
                to apply all or part of a restored amount that is not 
                required to fund a grant under an apportionment to fund 
                discretionary grants.
            ``(4) Limitations on obligations apply.--Nothing in this 
        subsection shall be construed to authorize the Secretary to 
        incur grant obligations under section 47104 for a fiscal year 
        in an amount greater than the amount made available under 
        section 48103 for such obligations for such fiscal year.''.

SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    (a) In General.--Section 47118 is amended--
            (1) in subsection (a) by striking ``12'' and inserting ``12 
        for fiscal year 2000 and 20 for each fiscal year thereafter'';
            (2) by striking subsection (c) and redesignating 
        subsections (d) through (f) as subsections (c) through (e), 
        respectively;
            (3) in subsection (c) (as so redesignated)--
                    (A) by striking ``47117(e)(1)(E)'' and inserting 
                ``47117(e)(1)(B)'';
                    (B) by striking ``5-fiscal-year periods'' and 
                inserting ``periods, each not to exceed 5 fiscal 
                years,''; and
                    (C) by striking ``each such subsequent 5-fiscal-
                year period'' and inserting ``each such subsequent 
                period''; and
            (4) by adding at the end the following:
    ``(f) Designation of General Aviation Airport.--Notwithstanding any 
other provision of this section, at least 3 of the airports designated 
under subsection (a) shall be general aviation airports that were 
former military installations closed or realigned under a section 
referred to in subsection (a)(1).''.
    (b) Terminal Building Facilities.--Section 47118(d) (as 
redesignated by subsection (a)(2) of this section) is amended by 
striking ``$5,000,000'' and inserting ``$7,000,000''.
    (c) Eligibility of Air Cargo Terminals.--Section 47118(e) (as 
redesignated by subsection (a)(2) of this section) is amended--
            (1) in subsection heading by striking ``and Hangars'' and 
        inserting ``Hangars, and Air Cargo Terminals'';
            (2) by striking ``$4,000,000'' and inserting 
        ``$7,000,000''; and
            (3) by inserting after ``hangars'' the following: ``and air 
        cargo terminals of an area that is 50,000 square feet or 
        less''.

SEC. 131. CONTRACT TOWER COST-SHARING.

    Section 47124(b) is amended by adding at the end the following:
            ``(3) Contract air traffic control tower pilot program.--
                    ``(A) In general.--The Secretary shall establish a 
                pilot program to contract for air traffic control 
                services at Level I air traffic control towers, as 
                defined by the Administrator of the Federal Aviation 
                Administration, that do not qualify for the Contract 
                Tower program established under subsection (a) and 
                continued under paragraph (1) (hereafter in this 
                paragraph referred to as the `Contract Tower Program').
                    ``(B) Program components.--In carrying out the 
                pilot program established under subparagraph (A), the 
                Administrator shall--
                            ``(i) utilize for purposes of cost-benefit 
                        analyses, current, actual, site-specific data, 
                        forecast estimates, or airport master plan data 
                        provided by a facility owner or operator and 
                        verified by the Administrator;
                            ``(ii) approve for participation only 
                        facilities willing to fund a pro rata share of 
                        the operating costs of the air traffic control 
                        tower to achieve a 1 to 1 benefit-to-cost 
                        ratio, as required for eligibility under the 
                        Contract Tower Program; and
                            ``(iii) approve for participation no more 
                        than 2 facilities willing to fund up to 50 
                        percent, but not less than 25 percent, of 
                        construction costs for an air traffic control 
                        tower built by the airport operator and for 
                        each of such facilities the Federal share of 
                        construction cost does not exceed $1,100,000.
                    ``(C) Priority.--In selecting facilities to 
                participate in the program under this paragraph, the 
                Administrator shall give priority to the following:
                            ``(i) Air traffic control towers that are 
                        participating in the Contract Tower Program but 
                        have been notified that they will be terminated 
                        from such program because the Administration 
                        has determined that the benefit-to-cost ratio 
                        for their continuation in such program is less 
                        than 1.0.
                            ``(ii) Air traffic control towers that the 
                        Administrator determines have a benefit-to-cost 
                        ratio of at least .85.
                            ``(iii) Air traffic control towers of the 
                        Federal Aviation Administration that are closed 
                        as a result of the air traffic controllers 
                        strike in 1981.
                            ``(iv) Air traffic control towers that are 
                        located at airports or points at which an air 
                        carrier is receiving compensation under the 
                        essential air service program under this 
                        chapter.
                            ``(v) Air traffic control towers located at 
                        airports that are prepared to assume partial 
                        responsibility for maintenance costs.
                            ``(vi) Air traffic control towers that are 
                        located at airports with safety or operational 
                        problems related to topography, weather, runway 
                        configuration, or mix of aircraft.
                    ``(D) Costs exceeding benefits.--If the costs of 
                operating an air traffic tower under the pilot program 
                established under this paragraph exceed the benefits, 
                the airport sponsor or State or local government having 
                jurisdiction over the airport shall pay the portion of 
                the costs that exceed such benefit.
                    ``(E) Funding.--Of the amounts appropriated 
                pursuant to section 106(k), not to exceed $6,000,000 
                per fiscal year may be used to carry out this 
                paragraph.''.

SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) In General.--Subchapter I of chapter 471 is amended by adding 
at the end the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation may approve 
applications for not more than 25 airport development projects for 
which grants received under this subchapter may be used for innovative 
financing techniques. Such projects shall be located at airports that 
each year have less than .25 percent of the total number of passenger 
boardings each year at all commercial service airports.
    ``(b) Purpose.--The purpose of grants made under this section shall 
be to provide information on the benefits and difficulties of using 
innovative financing techniques for airport development projects.
    ``(c) Limitations.--
            ``(1) No guarantees.--In no case shall the implementation 
        of an innovative financing technique under this section be used 
        in a manner giving rise to a direct or indirect guarantee of 
        any airport debt instrument by the United States Government.
            ``(2) Types of techniques.--In this section, innovative 
        financing techniques are limited to--
                    ``(A) payment of interest;
                    ``(B) commercial bond insurance and other credit 
                enhancement associated with airport bonds for eligible 
                airport development; and
                    ``(C) flexible non-Federal matching 
                requirements.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is amended by adding at the end the following:

``47135. Innovative financing techniques.''.

SEC. 133. AVIATION SECURITY PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding the following new section:
``Sec. 47136. Aviation security program
    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out not 
less than one project to test and evaluate innovative aviation security 
systems and related technology.
    ``(b) Priority.--In carrying out this section, the Secretary shall 
give the highest priority to a request from an eligible sponsor for a 
grant to undertake a project that--
            ``(1) evaluates and tests the benefits of innovative 
        aviation security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        aviation security, including aircraft physical security, access 
        control, and passenger and baggage screening; and
            ``(2) provides testing and evaluation of airport security 
        systems and technology in an operational, test bed environment.
    ``(c) Matching Share.--Notwithstanding section 47109, the United 
States Government's share of allowable project costs for a project 
under this section shall be 100 percent.
    ``(d) Terms and Conditions.--The Secretary may establish such terms 
and conditions as the Secretary determines appropriate for carrying out 
a project under this section, including terms and conditions relating 
to the form and content of a proposal for a project, project 
assurances, and schedule of payments.
    ``(e) Eligible Sponsor Defined.--In this section, the term 
`eligible sponsor' means a nonprofit corporation composed of a 
consortium of public and private persons, including a sponsor of a 
primary airport, with the necessary engineering and technical expertise 
to successfully conduct the testing and evaluation of airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available not less than $5,000,000 for the purpose 
of carrying out this section.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is further amended by adding at the end the following:

``47136. Aviation security program.''.

SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding at the end the following:
``Sec. 47137. Inherently low-emission airport vehicle pilot program
    ``(a) In General.--The Secretary of Transportation shall carry out 
a pilot program at not more than 10 public-use airports under which the 
sponsors of such airports may use funds made available under section 
48103 for use at such airports to carry out inherently low-emission 
vehicle activities. Notwithstanding any other provision of this 
subchapter, inherently low-emission vehicle activities shall for 
purposes of the pilot program be treated as eligible for assistance 
under this subchapter.
    ``(b) Location in Air Quality Nonattainment Areas.--A public-use 
airport shall be eligible for participation in the pilot program only 
if the airport is located in an air quality nonattainment area (as 
defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
    ``(c) Selection Criteria.--In selecting from among applicants for 
participation in the pilot program, the Secretary shall give priority 
consideration to applicants that will achieve the greatest air quality 
benefits measured by the amount of emissions reduced per dollar of 
funds expended under the pilot program.
    ``(d) United States Government's Share.--Notwithstanding any other 
provision of this subchapter, the United States Government's share of 
the costs of a project carried out under the pilot program shall be 50 
percent.
    ``(e) Maximum Amount.--Not more than $2,000,000 may be expended 
under the pilot program at any single public-use airport.
    ``(f) Report to Congress.--Not later than 18 months after the date 
of enactment of this section, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing an evaluation of the 
effectiveness of the pilot program.
    ``(g) Inherently Low-Emission Vehicle Activity Defined.--In this 
section, the term `inherently low-emission vehicle activity' means--
            ``(1) the construction of infrastructure facilities 
        necessary for the use of vehicles that are certified as 
        inherently low-emission vehicles under title 40 of the Code of 
        Federal Regulations, that are labeled in accordance with 
        section 88.312-93(c) of such title, and that are located or 
        primarily used at public-use airports;
            ``(2) the payment of that portion of the cost of acquiring 
        such vehicles that exceeds the cost of acquiring other vehicles 
        that would be used for the same purpose; or
            ``(3) the acquisition of technological equipment necessary 
        for the use of vehicles described in paragraph (1).''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is further amended by adding at the end the following:

``47137. Inherently low-emission airport vehicle pilot program.''.

SEC. 135. TECHNICAL AMENDMENTS.

    (a) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
    ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a nonprimary airport at a time when a 
terminal development project under a multiyear agreement under 
subsection (a) is not yet completed, the project shall remain eligible 
for funding from discretionary funds under section 47115 at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.
    (b) Passenger Facility Fee Waiver for Certain Class of Carriers or 
for Service to Airports in Isolated Communities.--Section 40117(i) is 
amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carrier in the class 
                constitutes not more than 1 percent of the total number 
of passengers enplaned annually at the airport at which the fee is 
imposed; or
                    ``(B) passengers traveling to an airport--
                            ``(i) that has fewer than 2,500 passenger 
                        boardings each year and receives scheduled 
                        passenger service; and
                            ``(ii) in a community which has a 
                        population of less than 10,000 and is not 
                        connected by a land highway to the land-
                        connected National Highway System within a 
                        State.''.

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

    (a) Project Grant Assurances.--Section 47107(h) is amended by 
inserting ``(including an assurance with respect to disposal of land by 
an airport owner or operator under subsection (c)(2)(B) without regard 
to whether or not the assurance or grant was made before December 29, 
1987)'' after ``1987''.
    (b) Conveyances of United States Government Land.--Section 47125(a) 
is amended by adding at the end the following: ``The Secretary may only 
release an option of the United States for a reversionary interest 
under this subsection after providing notice and an opportunity for 
public comment. The Secretary shall publish in the Federal Register any 
decision of the Secretary to release a reversionary interest and the 
reasons for the decision.''.
    (c) Requests by Public Agencies.--Section 47151 is amended by 
adding at the end the following:
    ``(d) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality of the 
executive branch of the United States Government, such a department, 
agency, or instrumentality shall give priority consideration to a 
request made by a public agency (as defined in section 47102) for 
surplus property described in subsection (a) for use at a public 
airport.''.
    (d) Notice and Public Comment; Publication of Decisions.--Section 
47153(a) is amended--
            (1) in paragraph (1) by inserting ``, after providing 
        notice and an opportunity for public comment,'' after ``if the 
        Secretary decides''; and
            (2) by adding at the end the following:
            ``(3) Publication of decisions.--The Secretary shall 
        publish in the Federal Register any decision to waive a term 
        under paragraph (1) and the reasons for the decision.''.
    (e) Considerations.--Section 47153 is amended by adding at the end 
the following:
    ``(c) Considerations.--In deciding whether to waive a term required 
by section 47152 or add another term, the Secretary shall consider the 
current and future needs of the users of the airport.''.
    (f) References to Gifts.--Chapter 471 is amended--
            (1) in section 47151--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``give'' and inserting ``convey 
                        to''; and
                            (ii) in paragraph (2) by striking ``gift'' 
                        and inserting ``conveyance'';
                    (B) in subsection (b)--
                            (i) by striking ``giving'' and inserting 
                        ``conveying''; and
                            (ii) by striking ``gift'' and inserting 
                        ``conveyance''; and
                    (C) in subsection (c)--
                            (i) in the subsection heading by striking 
                        ``Given'' and inserting ``Conveyed''; and
                            (ii) by striking ``given'' and inserting 
                        ``conveyed'';
            (2) in section 47152--
                    (A) in the section heading by striking ``gifts'' 
                and inserting ``conveyances''; and
                    (B) in the matter preceding paragraph (1) by 
                striking ``gift'' and inserting ``conveyance'';
            (3) in section 47153(a)(1)--
                    (A) by striking ``gift'' each place it appears and 
                inserting ``conveyance''; and
                    (B) by striking ``given'' and inserting 
                ``conveyed''; and
            (4) in the analysis for such chapter by striking the item 
        relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

                       Subtitle C--Miscellaneous

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

    Section 40117(a)(3)(E) is amended--
            (1) by striking ``and'' and inserting a comma; and
            (2) by striking the period at the end and inserting the 
        following: ``(including structural foundations and floor 
        systems, exterior building walls and load-bearing interior 
        columns or walls, windows, door and roof systems, and building 
        utilities (including heating, air conditioning, ventilation, 
        plumbing, and electrical service)), and aircraft fueling 
        facilities adjacent to the gate.''.

SEC. 152. TERMINAL DEVELOPMENT COSTS.

    (a) With Respect to Passenger Facility Charges.--Section 
40117(a)(3) is further amended--
            (1) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) for costs of terminal development referred to 
                in subparagraph (B) incurred after August 1, 1986, at 
                an airport that did not have more than .25 percent of 
                the total annual passenger boardings in the United 
                States in the most recent calendar year for which data 
                is available and at which total passenger boardings 
                declined by at least 16 percent between calendar year 
                1989 and calendar year 1997;''.
    (b) Repaying Borrowed Money.--Section 47119(a) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``0.05'' and inserting ``0.25''; 
                and
                    (B) by striking ``between January 1, 1992, and 
                October 31, 1992,'' and inserting ``between August 1, 
                1986, and September 30, 1990, or between June 1, 1991, 
                and October 31, 1992,''; and
            (2) in paragraph (1)(B) by striking ``an airport 
        development project outside the terminal area at that airport'' 
        and inserting ``any needed airport development project 
        affecting safety, security, or capacity''.
    (c) Nonhub Airports.--Section 47119(c) is amended by striking 
``0.05'' and inserting ``0.25''.
    (d) Nonprimary Commercial Service Airports.--Section 47119 is 
amended by adding at the end the following:
    ``(d) Determination of Passenger Boarding at Commercial Service 
Airport.--For the purpose of determining whether an amount may be 
distributed for a fiscal year from the discretionary fund in accordance 
with subsection (b)(2)(A) to a commercial service airport, the 
Secretary shall make the determination of whether or not a public 
airport is a commercial service airport on the basis of the number of 
passenger boardings and type of air service at the public airport in 
the calendar year that includes the first day of such fiscal year or 
the preceding calendar year, whichever is more beneficial to the 
airport.''.

SEC. 153. GENERAL FACILITIES AUTHORITY.

    (a) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``each of fiscal years 1995 and 1996'' and 
        inserting ``each of fiscal years 1999 through 2004''; and
            (2) by inserting ``under new or existing contracts'' after 
        ``including acquisition''.
    (b) Loran-C Navigation Facilities.--Section 44502(a) is amended by 
adding at the end the following:
            ``(5) Maintenance and upgrade of loran-c navigation 
        facilities.--The Secretary shall maintain and upgrade Loran-C 
        navigation facilities throughout the transition period to 
        satellite-based navigation.''.

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

    Section 44706 is amended by adding at the end the following:
    ``(g) Included Charter Air Transportation.--For the purposes of 
subsection (a)(2), a scheduled passenger operation includes charter air 
transportation for which the general public is provided in advance a 
schedule containing the departure location, departure time, and arrival 
location of the flights.
    ``(h) Authority To Preclude Scheduled Passenger Operations.--The 
Administrator shall permit an airport that will be subject to 
certification under subsection (a)(2) to preclude scheduled passenger 
operations (including public charter operations described in subsection 
(g)) at the airport if the airport notifies the Administrator, in 
writing, that it does not intend to obtain an airport operating 
certificate.''.

SEC. 155. CONSTRUCTION OF RUNWAYS.

    Notwithstanding any provision of law that specifically restricts 
the number of runways at a single international airport, the Secretary 
of Transportation may obligate funds made available under chapters 471 
and 481 of title 49, United States Code, for any project to construct a 
new runway at such airport, unless this section is expressly repealed.

SEC. 156. USE OF RECYCLED MATERIALS.

    (a) Study.--The Administrator shall conduct a study of the use of 
recycled materials (including recycled pavements, waste materials, and 
byproducts) in pavement used for runways, taxiways, and aprons and the 
specification standards in tests necessary for the use of recycled 
materials in such pavement. The primary focus of the study shall be on 
the long term physical performance, safety implications, and 
environmental benefits of using recycled materials in aviation 
pavement.
    (b) Contracting.--The Administrator may carry out the study under 
this section by entering into a contract with a university of higher 
education with expertise necessary to carry out the study.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study conducted under this section together with 
recommendations concerning the use of recycled materials in aviation 
pavement.
    (d) Funding.--Of the amounts appropriated pursuant to section 
106(k), not to exceed $1,500,000 in the aggregate may be used to carry 
out this section.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

    (a) Repeal of Slot Rule for Certain Airports.--Effective March 1, 
2000, the requirements of subparts K and S of part 93 of title 14, Code 
of Federal Regulations, are of no force and effect at an airport other 
than Ronald Reagan Washington National Airport. The Secretary of 
Transportation is authorized to undertake appropriate actions to 
effectuate an orderly termination of these requirements.
    (b) Slot Exemptions for Service to Reagan National Airport.--
Section 41714 is amended by striking subsections (e) and (f) and 
inserting the following:
    ``(e) Slots for Airports Not Receiving Sufficient Service.--
            ``(1) Exemptions.--Notwithstanding chapter 491, the 
        Secretary may by order grant exemptions from the requirements 
        under subparts K and S of part 93 of title 14, Code of Federal 
        Regulations (pertaining to slots at high density airports), to 
        enable air carriers to provide nonstop air transportation using 
        jet aircraft that comply with the stage 3 noise levels of part 
        36 of such title 14 between Ronald Reagan Washington National 
        Airport and an airport that had less than 2,000,000 
        enplanements in the most recent year for which such enplanement 
        data is available or between Ronald Reagan Washington National 
        Airport and an airport that does not have nonstop 
        transportation to Ronald Reagan Washington National Airport 
        using such aircraft on the date on which the application for an 
        exemption is filed.
            ``(2) Limitations.--
                    ``(A) Maximum number of exemptions.--No more than 2 
                exemptions per hour and no more than 6 exemptions per 
                day may be granted under this subsection for slots at 
                Ronald Reagan Washington National Airport.
                    ``(B) Maximum distance of flights.--An exemption 
                may be granted under this subsection for a slot at 
                Ronald Reagan Washington National Airport only if the 
                flight utilizing such slot begins or ends within 1,250 
                miles of the Airport and a stage 3 aircraft is used for 
                such flight.
            ``(3) Application.--An air carrier interested in an 
        exemption under this subsection shall submit to the Secretary 
        an application for such exemption. No application may be 
        submitted to the Secretary before the last day of the 30-day 
        period beginning on the date of the enactment of this 
        paragraph.
            ``(4) Deadline for decision.--Notwithstanding any other 
        provision of law, the Secretary shall make a decision with 
        regard to granting an exemption under this subsection on or 
        before the 120th day following the date of the application for 
        the exemption. If the Secretary does not make the decision on 
        or before such 120th day, the air carrier applying for the 
        service may provide such service until the Secretary makes the 
        decision or the Administrator of the Federal Aviation 
        Administration determines that providing such service would 
        have an adverse effect on air safety.
            ``(5) Period of effectiveness.--An exemption granted under 
        this subsection shall remain in effect only while the air 
        carrier for whom the exemption is granted continues to provide 
        the nonstop air transportation for which the exemption is 
        granted.
    ``(f) Treatment of Certain Commuter Air Carriers.--The Secretary 
shall treat all commuter air carriers that have cooperative agreements, 
including code share agreements with other air carriers, equally for 
determining eligibility for exemptions under this section regardless of 
the form of the corporate relationship between the commuter air carrier 
and the other air carrier.''.
    (c) Conforming Amendments.--Effective March 1, 2000, section 41714 
(as amended by subsection (b) of this section) is amended--
            (1) by striking subsections (a), (b), (c), (g), and (i);
            (2) by redesignating subsections (d), (e), (f), and (h) as 
        subsections (a), (b), (c), and (d), respectively;
            (3) in the heading for subsection (a) (as so redesignated) 
        by striking ``Special Rules for''; and
            (4) by striking subsection (c) (as so redesignated) and 
        inserting the following:
    ``(c) Slot Defined.--The term `slot' means a reservation for an 
instrument flight rule takeoff or landing by an air carrier or an 
aircraft in air transportation.''.

SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING 
              SUFFICIENT SERVICE.

    (a) In General.--Section 41742(a) is amended by striking 
``$50,000,000'' and inserting ``$60,000,000''.
    (b) Funding for Small Community Air Service.--Section 41742(b) of 
title 49, United States Code, is amended to read as follows:
    ``(b) Funding for Small Community Air Service.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, from moneys credited to the account established under 
        section 45303(a), including the funds derived from fees imposed 
        under the authority contained in section 45301(a)--
                    ``(A) not to exceed $50,000,000 for each fiscal 
                year beginning after September 30, 1999, shall be used 
                to carry out the small community air service program 
                under this subchapter; and
                    ``(B) not to exceed $10,000,000 for such fiscal 
                year shall be used--
                            ``(i) for assisting an air carrier to 
                        subsidize service to and from an underserved 
                        airport for a period not to exceed 3 years;
                            ``(ii) for assisting an underserved airport 
                        to obtain jet aircraft service (and to promote 
                        passenger use of that service) to and from the 
                        underserved airport; and
                            ``(iii) for assisting an underserved 
                        airport to implement such other measures as the 
                        Secretary of Transportation, in consultation 
                        with such airport, considers appropriate to 
                        improve air service both in terms of the cost 
                        of such service to consumers and the 
                        availability of such service, including 
                        improving air service through marketing and 
                        promotion of air service and enhanced 
                        utilization of airport facilities.
            ``(2) Rural air safety.--Any funds that are made available 
        by paragraph (1) for a fiscal year and that the Secretary 
        determines will not be obligated or expended before the last 
        day of such fiscal year shall be available to the Administrator 
        for use under this subchapter in improving rural air safety at 
        airports with less than 100,000 annual boardings.
            ``(3) Allocation of additional funding.--If, for a fiscal 
        year beginning after September 30, 1999, more than $60,000,000 
        is made available under subsection (a) to carry out the small 
        community air service program, \1/2\ of the amounts in excess 
        of $60,000,000 shall be used for the purposes specified in 
        paragraph (1)(B), in addition to amounts made available for 
        such purposes under paragraph (1)(B).
            ``(4) Use of unobligated amounts.--Any funds made available 
        under paragraph (1)(A) for the small community air service 
        program for a fiscal year that the Secretary determines will 
        not be obligated or expended before the last day of such fiscal 
        year shall be available for use by the Secretary for the 
        purposes described in paragraph (1)(B).
            ``(5) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), of the amounts 
        appropriated pursuant to section 106(k) for a fiscal year 
        beginning after September 30, 2000, not to exceed $15,000,000 
        may be used--
                    ``(A) to provide assistance to an air carrier to 
                subsidize service to and from an underserved airport 
                for a period not to exceed 3 years;
                    ``(B) to provide assistance to an underserved 
                airport to obtain jet aircraft service (and to promote 
                passenger use of that service) to and from the 
                underserved airport; and
                    ``(C) to provide assistance to an underserved 
                airport to implement such other measures as the 
                Secretary, in consultation with such airport, considers 
                appropriate to improve air service both in terms of the 
                cost of such service to consumers and the availability 
                of such service, including improving air service 
                through marketing and promotion of air service and 
                enhanced utilization of airport facilities.
            ``(6) Priority criteria for assisting airports not 
        receiving sufficient service.--In providing assistance to 
        airports under paragraphs (1)(B) and (5), the Administrator 
        shall give priority to those airports for which a community 
        will provide, from local sources (other than airport revenues), 
        a portion of the cost of the activity to be assisted.
            ``(7) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Underserved airport.--The term `underserved 
                airport' means a nonhub airport or small hub airport 
                (as such terms are defined in section 41731) that--
                            ``(i) the Secretary determines is not 
                        receiving sufficient air carrier service; or
                            ``(ii) has unreasonably high airfares.
                    ``(B) Unreasonably high airfare.--The term 
                `unreasonably high airfare', as used with respect to an 
                airport, means that the airfare listed in the table 
                entitled `Top 1,000 City-Pair Market Summarized by 
                City', contained in the Domestic Airline Fares Consumer 
                Report of the Department of Transportation, for one or 
                more markets for which the airport is a part of has an 
                average yield listed in such table that is more than 19 
                cents.''.
    (c) Conforming Amendments.--Chapter 417 is amended--
            (1) in the heading for section 41742 by striking 
        ``Essential'' and inserting ``Small community'';
            (2) in each of subsections (a), (b), and (c) of section 
        41742 by striking ``essential air'' each place it appears and 
        inserting ``small community air''; and
            (3) in the analysis for such chapter by striking the item 
        relating to section 41742 and inserting the following:

``41742. Small community air service authorization.''.

SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

    Section 41736(b) is amended by adding at the end the following:
``Paragraph (4) shall not apply to any place for which a proposal was 
approved or that was designated as eligible under this section in the 
period beginning on October 1, 1991, and ending on December 31, 
1997.''.

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

    Section 40101(a) is amended by adding at the end the following:
            ``(16) ensuring that consumers in all regions of the United 
        States, including those in small communities and rural and 
        remote areas, have access to affordable, regularly scheduled 
        air service.''.

SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

    The Secretary of Transportation shall not deny assistance with 
respect to a place under subchapter II of chapter 417 of title 49, 
United States Code, solely on the basis that the place is located 
within 70 highway miles of a hub airport (as defined by section 41731 
of such title) if the most commonly used highway route between the 
place and the hub airport exceeds 70 miles.

           Subtitle B--Regional Air Service Incentive Program

SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE INCENTIVE PROGRAM.

    (a) In General.--Chapter 417 is amended by adding at the end the 
following:

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``Sec. 41761. Purpose
    ``The purpose of this subchapter is to improve service by jet 
aircraft to underserved markets by providing assistance, in the form of 
Federal credit instruments, to commuter air carriers that purchase 
regional jet aircraft for use in serving those markets.
``Sec. 41762. Definitions
    ``In this subchapter, the following definitions apply:
            ``(1) Air carrier.--The term `air carrier' means any air 
        carrier holding a certificate of public convenience and 
        necessity issued by the Secretary of Transportation under 
        section 41102.
            ``(2) Aircraft purchase.--The term `aircraft purchase' 
        means the purchase of commercial transport aircraft, including 
        spare parts normally associated with the aircraft.
            ``(3) Capital reserve subsidy amount.--The term `capital 
        reserve subsidy amount' means the amount of budget authority 
        sufficient to cover estimated long-term cost to the United 
        States Government of a Federal credit instrument, calculated on 
        a net present value basis, excluding administrative costs and 
        any incidental effects on government receipts or outlays in 
        accordance with provisions of the Federal Credit Reform Act of 
        1990 (2 U.S.C. 661 et seq).
            ``(4) Commuter air carrier.--The term `commuter air 
        carrier' means an air carrier that primarily operates aircraft 
        designed to have a maximum passenger seating capacity of 75 or 
        less in accordance with published flight schedules.
            ``(5) Federal credit instrument.--The term `Federal credit 
        instrument' means a secured loan, loan guarantee, or line of 
        credit authorized to be made under this subchapter.
            ``(6) Financial obligation.--The term `financial 
        obligation' means any note, bond, debenture, or other debt 
        obligation issued by an obligor in connection with the 
        financing of an aircraft purchase, other than a Federal credit 
        instrument.
            ``(7) Lender.--The term `lender' means any non-Federal 
        qualified institutional buyer (as defined by section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation) known as Rule 144A(a) of the Security and 
        Exchange Commission and issued under the Security Act of 1933 
        (15 U.S.C. 77a et seq.)), including--
                    ``(A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    ``(B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            ``(8) Line of credit.--The term `line of credit' means an 
        agreement entered into by the Secretary with an obligor under 
        section 41763(d) to provide a direct loan at a future date upon 
        the occurrence of certain events.
            ``(9) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary under section 
        41763(c) to pay all or part of any of the principal of and 
        interest on a loan or other debt obligation issued by an 
        obligor and funded by a lender.
            ``(10) New entrant air carrier.--The term `new entrant air 
        carrier' means an air carrier that has been providing air 
        transportation according to a published schedule for less than 
        5 years, including any person that has received authority from 
        the Secretary to provide air transportation but is not 
        providing air transportation.
            ``(11) Nonhub airport.--The term `nonhub airport' means an 
        airport that each year has less than .05 percent of the total 
        annual boardings in the United States.
            ``(12) Obligor.--The term `obligor' means a party primarily 
        liable for payment of the principal of or interest on a Federal 
        credit instrument, which party may be a corporation, 
        partnership, joint venture, trust, or governmental entity, 
        agency, or instrumentality.
            ``(13) Regional jet aircraft.--The term `regional jet 
        aircraft' means a civil aircraft--
                    ``(A) powered by jet propulsion; and
                    ``(B) designed to have a maximum passenger seating 
                capacity of not less than 30 nor more than 75.
            ``(14) Secured loan.--The term `secured loan' means a 
        direct loan funded by the Secretary in connection with the 
        financing of an aircraft purchase under section 41763(b).
            ``(15) Small hub airport.--The term `small hub airport' 
        means an airport that each year has at least .05 percent, but 
        less than .25 percent, of the total annual boardings in the 
        United States.
            ``(16) Underserved market.--The term `underserved market' 
        means a passenger air transportation market (as defined by the 
        Secretary) that--
                    ``(A) is served (as determined by the Secretary) by 
                a nonhub airport or a small hub airport;
                    ``(B) is not within a 40-mile radius of an airport 
                that each year has at least .25 percent of the total 
                annual boardings in the United States; and
                    ``(C) the Secretary determines does not have 
                sufficient air service.
``Sec. 41763. Federal credit instruments
    ``(a) In General.--Subject to this section, the Secretary of 
Transportation may enter into agreements with 1 or more obligors to 
make available Federal credit instruments, the proceeds of which shall 
be used to finance aircraft purchases.
    ``(b) Secured Loans.--
            ``(1) Terms and limitations.--
                    ``(A) In general.--A secured loan under this 
                section with respect to an aircraft purchase shall be 
                on such terms and conditions and contain such 
                covenants, representatives, warranties, and 
                requirements (including requirements for audits) as the 
                Secretary determines appropriate.
                    ``(B) Maximum amount.--No secured loan may be made 
                under this section--
                            ``(i) that extends to more than 50 percent 
                        of the purchase price (including the value of 
                        any manufacturer credits, post-purchase 
                        options, or other discounts) of the aircraft, 
                        including spare parts, to be purchased; or
                            ``(ii) that, when added to the remaining 
                        balance on any other Federal credit instruments 
                        made under this subchapter, provides more than 
                        $100,000,000 of outstanding credit to any 
                        single obligor.
                    ``(C) Final payment date.--The final payment on the 
                secured loan shall not be due later than 18 years after 
                the date of execution of the loan agreement.
                    ``(D) Subordination.--The secured loan may be 
                subordinate to claims of other holders of obligations 
                in the event of bankruptcy, insolvency, or liquidation 
                of the obligor as determined appropriate by the 
                Secretary.
                    ``(E) Fees.--The Secretary may establish fees at a 
                level sufficient to cover all or a portion of the costs 
                to the United States Government of making a secured 
                loan under this section. The proceeds of such fees 
                shall be deposited in an account to be used by the 
                Secretary for the purpose of administering the program 
                established under this subchapter and shall be 
                available upon deposit until expended.
            ``(2) Repayment.--
                    ``(A) Schedule.--The Secretary shall establish a 
                repayment schedule for each secured loan under this 
                section based on the projected cash flow from aircraft 
                revenues and other repayment sources.
                    ``(B) Commencement.--Scheduled loan repayments of 
                principal and interest on a secured loan under this 
                section shall commence no later than 3 years after the 
                date of execution of the loan agreement.
            ``(3) Prepayment.--
                    ``(A) Use of excess revenue.--After satisfying 
                scheduled debt service requirements on all financial 
                obligations and secured loans and all deposit 
                requirements under the terms of any trust agreement, 
                bond resolution, or similar agreement securing 
                financial obligations, the secured loan may be prepaid 
                at anytime without penalty.
                    ``(B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                proceeds of refinancing from non-Federal funding 
                sources.
    ``(c) Loan Guarantees.--
            ``(1) In general.--A loan guarantee under this section with 
        respect to a loan made for an aircraft purchase shall be made 
        in such form and on such terms and conditions and contain such 
        covenants, representatives, warranties, and requirements 
        (including requirements for audits) as the Secretary determines 
        appropriate.
            ``(2) Maximum amount.--No loan guarantee shall be made 
        under this section--
                    ``(A) that extends to more than the unpaid interest 
                and 50 percent of the unpaid principal on any loan;
                    ``(B) that, for any loan or combination of loans, 
                extends to more than 50 percent of the purchase price 
                (including the value of any manufacturer credits, post-
                purchase options, or other discounts) of the aircraft, 
                including spare parts, to be purchased with the loan or 
                loan combination;
                    ``(C) on any loan with respect to which terms 
                permit repayment more than 15 years after the date of 
                execution of the loan; or
                    ``(D) that, when added to the remaining balance on 
                any other Federal credit instruments made under this 
                subchapter, provides more than $100,000,000 of 
                outstanding credit to any single obligor.
            ``(3) Fees.--The Secretary may establish fees at a level 
        sufficient to cover all or a portion of the costs to the United 
        States Government of making a loan guarantee under this 
        section. The proceeds of such fees shall be deposited in an 
        account to be used by the Secretary for the purpose of 
        administering the program established under this subchapter and 
        shall be available upon deposit until expended.
    ``(d) Lines of Credit.--
            ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary may enter into agreements to make 
        available lines of credit to 1 or more obligors in the form of 
        direct loans to be made by the Secretary at future dates on the 
        occurrence of certain events for any aircraft purchase selected 
        under this section.
            ``(2) Terms and limitations.--
                    ``(A) In general.--A line of credit under this 
                subsection with respect to an aircraft purchase shall 
                be on such terms and conditions and contain such 
                covenants, representatives, warranties, and 
                requirements (including requirements for audits) as the 
                Secretary determines appropriate.
                    ``(B) Maximum amount.--
                            ``(i) Total amount.--The amount of any line 
                        of credit shall not exceed 50 percent of the 
                        purchase price (including the value of any 
                        manufacturer credits, post-purchase options, or 
                        other discounts) of the aircraft, including 
                        spare parts.
                            ``(ii) 1-year draws.--The amount drawn in 
                        any year shall not exceed 20 percent of the 
                        total amount of the line of credit.
                    ``(C) Draws.--Any draw on the line of credit shall 
                represent a direct loan.
                    ``(D) Period of availability.--The line of credit 
                shall be available not more than 5 years after the 
                aircraft purchase date.
                    ``(E) Rights of third-party creditors.--
                            ``(i) Against united states government.--A 
                        third-party creditor of the obligor shall not 
                        have any right against the United States 
                        Government with respect to any draw on the line 
                        of credit.
                            ``(ii) Assignment.--An obligor may assign 
                        the line of credit to 1 or more lenders or to a 
                        trustee on the lender's behalf.
                    ``(F) Subordination.--A direct loan under this 
                subsection may be subordinate to claims of other 
                holders of obligations in the event of bankruptcy, 
                insolvency, or liquidation of the obligor as determined 
                appropriate by the Secretary.
                    ``(G) Fees.--The Secretary may establish fees at a 
                level sufficient to cover all of a portion of the costs 
                to the United States Government of providing a line of 
                credit under this subsection. The proceeds of such fees 
                shall be deposited in an account to be used by the 
                Secretary for the purpose of administering the program 
                established under this subchapter and shall be 
                available upon deposit until expended.
            ``(3) Repayment.--
                    ``(A) Schedule.--The Secretary shall establish a 
                repayment schedule for each direct loan under this 
                subsection.
                    ``(B) Commencement.--Scheduled loan repayments of 
                principal or interest on a direct loan under this 
                subsection shall commence no later than 3 years after 
                the date of the first draw on the line of credit and 
                shall be repaid, with interest, not later than 18 years 
                after the date of the first draw.
    ``(e) Risk Assessment.--Before entering into an agreement under 
this section to make available a Federal credit instrument, the 
Secretary, in consultation with the Director of the Office of 
Management and Budget, shall determine an appropriate capital reserve 
subsidy amount for the Federal credit instrument based on such credit 
evaluations as the Secretary deems necessary.
    ``(f) Conditions.--Subject to subsection (h), the Secretary may 
only make a Federal credit instrument available under this section if 
the Secretary finds that--
            ``(1) the aircraft to be purchased with the Federal credit 
        instrument is a regional jet aircraft needed to improve the 
        service and efficiency of operation of a commuter air carrier 
        or new entrant air carrier;
            ``(2) the commuter air carrier or new entrant air carrier 
        enters into a legally binding agreement that requires the 
        carrier to use the aircraft to provide service to underserved 
        markets; and
            ``(3) the prospective earning power of the commuter air 
        carrier or new entrant air carrier, together with the character 
        and value of the security pledged, including the collateral 
        value of the aircraft being acquired and any other assets or 
        pledges used to secure the Federal credit instrument, furnish--
                    ``(A) reasonable assurances of the air carrier's 
                ability and intention to repay the Federal credit 
                instrument within the terms established by the 
                Secretary--
                            ``(i) to continue its operations as an air 
                        carrier; and
                            ``(ii) to the extent that the Secretary 
                        determines to be necessary, to continue its 
                        operations as an air carrier between the same 
                        route or routes being operated by the air 
                        carrier at the time of the issuance of the 
                        Federal credit instrument; and
                    ``(B) reasonable protection to the United States.
    ``(g) Limitation on Combined Amount of Federal Credit 
Instruments.--The Secretary shall not allow the combined amount of 
Federal credit instruments available for any aircraft purchase under 
this section to exceed--
            ``(1) 50 percent of the cost of the aircraft purchase; or
            ``(2) $100,000,000 for any single obligor.
    ``(h) Requirement.--Subject to subsection (i), no Federal credit 
instrument may be made under this section for the purchase of any 
regional jet aircraft that does not comply with the stage 3 noise 
levels of part 36 of title 14 of the Code of Federal Regulations, as in 
effect on January 1, 1999.
    ``(i) Other Limitations.--No Federal credit instrument shall be 
made by the Secretary under this section for the purchase of a regional 
jet aircraft unless the commuter air carrier or new entrant air carrier 
enters into a legally binding agreement that requires the carrier to 
provide scheduled passenger air transportation to the underserved 
market for which the aircraft is purchased for a period of not less 
than 36 consecutive months after the date that aircraft is placed in 
service.
``Sec. 41764. Use of Federal facilities and assistance
    ``(a) Use of Federal Facilities.--To permit the Secretary of 
Transportation to make use of such expert advice and services as the 
Secretary may require in carrying out this subchapter, the Secretary 
may use available services and facilities of other agencies and 
instrumentalities of the United States Government--
            ``(1) with the consent of the appropriate Federal 
        officials; and
            ``(2) on a reimbursable basis.
    ``(b) Assistance.--The head of each appropriate department or 
agency of the United States Government shall exercise the duties and 
powers of that head in such manner as to assist in carrying out the 
policy specified in section 41761.
    ``(c) Oversight.--The Secretary shall make available to the 
Comptroller General of the United States such information with respect 
to any Federal credit instrument made under this subchapter as the 
Comptroller General may require to carry out the duties of the 
Comptroller General under chapter 7 of title 31.
``Sec. 41765. Administrative expenses
    ``In carrying out this subchapter, the Secretary shall use funds 
made available by appropriations to the Department of Transportation 
for the purpose of administration, in addition to the proceeds of any 
fees collected under this subchapter, to cover administrative expenses 
of the Federal credit instrument program under this subchapter.
``Sec. 41766. Funding.
    ``Of the amounts appropriated under section 106(k) for each of 
fiscal years 2001 through 2004, such sums as may be necessary may be 
used to carry out this subchapter, including administrative expenses.
``Sec. 41767. Termination
    ``(a) Authority To Issue Federal Credit Instruments.--The authority 
of the Secretary of Transportation to issue Federal credit instruments 
under section 41763 shall terminate on the date that is 5 years after 
the date of the enactment of this subchapter.
    ``(b) Continuation of Authority To Administer Program for Existing 
Federal Credit Instruments.--On and after the termination date, the 
Secretary shall continue to administer the program established under 
this subchapter for Federal credit instruments issued under this 
subchapter before the termination date until all obligations associated 
with such instruments have been satisfied.''.
    (b) Conforming Amendment.--The analysis for chapter 417 is amended 
by adding at the end the following:

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.

                    TITLE III--FAA MANAGEMENT REFORM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

    Section 40102(a) is amended--
            (1) by redesignating paragraphs (5) through (41) as 
        paragraphs (6) through (42), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) `air traffic control system' means the combination of 
        elements used to safely and efficiently monitor, direct, 
        control, and guide aircraft in the United States and United 
        States-assigned airspace, including--
                    ``(A) allocated electromagnetic spectrum and 
                physical, real, personal, and intellectual property 
                assets making up facilities, equipment, and systems 
                employed to detect, track, and guide aircraft movement;
                    ``(B) laws, regulations, orders, directives, 
                agreements, and licenses;
                    ``(C) published procedures that explain required 
                actions, activities, and techniques used to ensure 
                adequate aircraft separation; and
                    ``(D) trained personnel with specific technical 
                capabilities to satisfy the operational, engineering, 
                management, and planning requirements for air traffic 
                control.''.

SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

    (a) Establishment.--
            (1) In general.--Chapter 1 is amended by adding at the end 
        the following:
``Sec. 113. Air Traffic Control Oversight Board
    ``(a) Establishment.--There is established within the Department of 
Transportation an `Air Traffic Control Oversight Board' (in this 
section referred to as the `Oversight Board').
    ``(b) Membership.--
            ``(1) Composition.--The Oversight Board shall be composed 
        of 9 members, as follows:
                    ``(A) Six members shall be individuals who are not 
                otherwise Federal officers or employees and who are 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    ``(B) One member shall be the Secretary of 
                Transportation or, if the Secretary so designates, the 
                Deputy Secretary of the Transportation.
                    ``(C) One member shall be the Administrator of the 
                Federal Aviation Administration.
                    ``(D) One member shall be an individual who is 
                appointed by the President, by and with the advice and 
                consent of the Senate, from among individuals who are 
                the leaders of their respective unions of air traffic 
                control system employees.
            ``(2) Qualifications and terms.--
                    ``(A) Qualifications.--Members of the Oversight 
                Board described in paragraph (1)(A) shall--
                            ``(i) have a fiduciary responsibility to 
                        represent the public interest;
                            ``(ii) be citizens of the United States; 
                        and
                            ``(iii) be appointed without regard to 
                        political affiliation and solely on the basis 
                        of their professional experience and expertise 
                        in 1 or more of the following areas:
                                    ``(I) Management of large service 
                                organizations.
                                    ``(II) Customer service.
                                    ``(III) Management of large 
                                procurements.
                                    ``(IV) Information and 
                                communications technology.
                                    ``(V) Organizational development.
                                    ``(VI) Labor relations.
                At least 3 members of the Oversight Board appointed 
                under paragraph (1)(A) should have knowledge of, or a 
                background in, aviation. At least one of such members 
                should have a background in managing large 
                organizations successfully. In the aggregate, such 
                members should collectively bring to bear expertise in 
                all of the areas described in subclauses (I) through 
                (VI) of clause (iii).
                    ``(B) Prohibitions.--No member of the Oversight 
                Board described in paragraph (1)(A) may--
                            ``(i) have a pecuniary interest in, or own 
                        stock in or bonds of, an aviation or 
                        aeronautical enterprise;
                            ``(ii) engage in another business related 
                        to aviation or aeronautics; or
                            ``(iii) be a member of any organization 
                        that engages, as a substantial part of its 
                        activities, in activities to influence 
                        aviation-related legislation.
                    ``(C) Terms for air traffic control 
                representatives.--A member appointed under paragraph 
                (1)(D) shall be appointed for a term of 3 years, except 
                that the term of such individual shall end whenever the 
                individual no longer meets the requirements of 
                paragraph (1)(D).
                    ``(D) Terms for nonfederal officers or employees.--
                A member appointed under paragraph (1)(A) shall be 
                appointed for a term of 5 years, except that of the 
                members first appointed under paragraph (1)(A)--
                            ``(i) 2 members shall be appointed for a 
                        term of 3 years;
                            ``(ii) 2 members shall be appointed for a 
                        term of 4 years; and
                            ``(iii) 2 members shall be appointed for a 
                        term of 5 years.
                    ``(E) Reappointment.--An individual may not be 
                appointed under paragraph (1)(A) to more than two 5-
                year terms on the Oversight Board.
                    ``(F) Vacancy.--Any vacancy on the Oversight Board 
                shall be filled in the same manner as the original 
                appointment. Any member appointed to fill a vacancy 
                occurring before the expiration of the term for which 
                the member's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(3) Ethical considerations.--
                    ``(A) Financial disclosure.--During the entire 
                period that an individual appointed under subparagraph 
                (A) or (D) of paragraph (1) is a member of the 
                Oversight Board, such individual shall be treated as 
                serving as an officer or employee referred to in 
                section 101(f) of the Ethics in Government Act of 1978 
                for purposes of title I of such Act, except that 
                section 101(d) of such Act shall apply without regard 
                to the number of days of service in the position.
                    ``(B) Restrictions on post-employment.--For 
                purposes of section 207(c) of title 18, an individual 
                appointed under subparagraph (A) or (D) of paragraph 
                (1) shall be treated as an employee referred to in 
                section 207(c)(2)(A)(i) of such title during the entire 
                period the individual is a member of the Board, except 
that subsections (c)(2)(B) and (f) of section 207 of such title shall 
not apply.
                    ``(C) Waiver.--At the time the President nominates 
                an individual for appointment as a member of the 
                Oversight Board under paragraph (1)(D), the President 
                may waive for the term of the member any appropriate 
                provision of chapter 11 of title 18, to the extent such 
                waiver is necessary to allow the member to participate 
                in the decisions of the Board while continuing to serve 
                as a full-time Federal employee or a representative of 
                employees. Any such waiver shall not be effective 
                unless a written intent of waiver to exempt such member 
                (and actual waiver language) is submitted to the Senate 
                with the nomination of such member.
            ``(4) Quorum.--Five members of the Oversight Board shall 
        constitute a quorum. A majority of members present and voting 
        shall be required for the Oversight Board to take action.
            ``(5) Removal.--Any member of the Oversight Board appointed 
        under subparagraph (A) or (D) of paragraph (1) may be removed 
        for cause by the President.
            ``(6) Claims.--
                    ``(A) In general.--A member of the Oversight Board 
                appointed under subparagraph (A) or (D) of paragraph 
                (1) shall have no personal liability under Federal law 
                with respect to any claim arising out of or resulting 
                from an act or omission by such member within the scope 
                of service as a member of the Oversight Board.
                    ``(B) Effect on other law.--This paragraph shall 
                not be construed--
                            ``(i) to affect any other immunity or 
                        protection that may be available to a member of 
                        the Oversight Board under applicable law with 
                        respect to such transactions;
                            ``(ii) to affect any other right or remedy 
                        against the United States under applicable law; 
                        or
                            ``(iii) to limit or alter in any way the 
                        immunities that are available under applicable 
                        law for Federal officers and employees.
    ``(c) General Responsibilities.--
            ``(1) Oversight.--The Oversight Board shall oversee the 
        Federal Aviation Administration in its administration, 
        management, conduct, direction, and supervision of the air 
        traffic control system.
            ``(2) Confidentiality.--The Oversight Board shall ensure 
        that appropriate confidentiality is maintained in the exercise 
        of its duties.
    ``(d) Specific Responsibilities.--The Oversight Board shall have 
the following specific responsibilities:
            ``(1) Strategic plans.--To review, approve, and monitor 
        achievements under a strategic plan of the Federal Aviation 
        Administration for the air traffic control system, including 
        the establishment of--
                    ``(A) a mission and objectives;
                    ``(B) standards of performance relative to such 
                mission and objectives, including safety, efficiency, 
                and productivity; and
                    ``(C) annual and long-range strategic plans.
            ``(2) Modernization and improvement.--To review and 
        approve--
                    ``(A) methods of the Federal Aviation 
                Administration to accelerate air traffic control 
                modernization and improvements in aviation safety 
                related to air traffic control; and
                    ``(B) procurements of air traffic control equipment 
                by the Federal Aviation Administration in excess of 
                $100,000,000.
            ``(3) Operational plans.--To review the operational 
        functions of the Federal Aviation Administration, including--
                    ``(A) plans for modernization of the air traffic 
                control system;
                    ``(B) plans for increasing productivity or 
                implementing cost-saving measures; and
                    ``(C) plans for training and education.
            ``(4) Management.--To--
                    ``(A) review and approve the Administrator's 
                appointment of a Chief Operating Officer under section 
                106(r);
                    ``(B) review the Administrator's selection, 
                evaluation, and compensation of senior executives of 
                the Federal Aviation Administration who have program 
                management responsibility over significant functions of 
                the air traffic control system;
                    ``(C) review and approve the Administrator's plans 
                for any major reorganization of the Federal Aviation 
                Administration that would impact on the management of 
                the air traffic control system;
                    ``(D) review and approve the Administrator's cost 
                accounting and financial management structure and 
                technologies to help ensure efficient and cost-
                effective air traffic control operation; and
                    ``(E) review the performance and cooperation of 
                managers responsible for major acquisition projects, 
                including the ability of the managers to meet schedule 
                and budget targets.
            ``(5) Budget.--To--
                    ``(A) review and approve the budget request of the 
                Federal Aviation Administration related to the air 
                traffic control system prepared by the Administrator;
                    ``(B) submit such budget request to the Secretary 
                of Transportation; and
                    ``(C) ensure that the budget request supports the 
                annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in paragraph 
(5)(B) for any fiscal year to the President who shall submit such 
request, without revision, to the Committees on Transportation and 
Infrastructure and Appropriations of the House of Representatives and 
the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate, together with the President's annual 
budget request for the Federal Aviation Administration for such fiscal 
year.
    ``(e) Reporting of Overturning of Board Decisions.--If the 
Secretary or Administrator overturns a decision of the Oversight Board, 
the Secretary or Administrator, as appropriate shall report such action 
to the President, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate.
    ``(f) Board Personnel Matters.--
            ``(1) Compensation of members.--
                    ``(A) In general.--Each member of the Oversight 
                Board who--
                            ``(i) appointed under subsection (b)(1)(A); 
                        or
                            ``(ii) appointed under subsection (b)(1)(D) 
                        and is not otherwise a Federal officer or 
                        employee,
                shall be compensated at a rate of $30,000 per year. All 
                other members shall serve without compensation for such 
                service.
                    ``(B) Chairperson.--Notwithstanding subparagraph 
                (A), the chairperson of the Oversight Board shall be 
                compensated at a rate of $50,000 per year.
            ``(2) Travel expenses.--
                    ``(A) In general.--The members of the Oversight 
                Board shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of chapter 57 
                of title 5, to attend meetings of the Oversight Board 
                and, with the advance approval of the chairperson of 
                the Oversight Board, while otherwise away from their 
                homes or regular places of business for purposes of 
                duties as a member of the Oversight Board.
                    ``(B) Report.--The Oversight Board shall include in 
                its annual report under subsection (g)(3)(A) 
                information with respect to the travel expenses allowed 
                for members of the Oversight Board under this 
                paragraph.
            ``(3) Staff.--
                    ``(A) In general.--The chairperson of the Oversight 
                Board may appoint and terminate any personnel that may 
                be necessary to enable the Board to perform its duties.
                    ``(B) Detail of government employees.--Upon request 
                of the chairperson of the Oversight Board, a Federal 
                agency shall detail a United States Government employee 
                to the Oversight Board without reimbursement. Such 
                detail shall be without interruption or loss of civil 
                service status or privilege.
            ``(4) Procurement of temporary and intermittent services.--
        The chairperson of the Oversight Board may procure temporary 
        and intermittent services under section 3109(b) of title 5.
    ``(g) Administrative Matters.--
            ``(1) Chair.--
                    ``(A) Term.--The members of the Oversight Board 
                shall elect for a 2-year term a chairperson from among 
                the members appointed under subsection (b)(1)(A).
                    ``(B) Powers.--Except as otherwise provided by a 
                majority vote of the Oversight Board, the powers of the 
                chairperson shall include--
                            ``(i) establishing committees;
                            ``(ii) setting meeting places and times;
                            ``(iii) establishing meeting agendas; and
                            ``(iv) developing rules for the conduct of 
                        business.
            ``(2) Meetings.--The Oversight Board shall meet at least 
        quarterly and at such other times as the chairperson determines 
        appropriate.
            ``(3) Reports.--
                    ``(A) Annual.--The Oversight Board shall each year 
                report with respect to the conduct of its 
                responsibilities under this title to the President, the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives, and the Committee on 
                Commerce, Science, and Transportation of the Senate.
                    ``(B) Additional report.--Upon a determination by 
                the Oversight Board under subsection (c)(1) that the 
                organization and operation of the Federal Aviation 
                Administration's air traffic control system are not 
                allowing the Federal Aviation Administration to carry 
                out its mission, the Oversight Board shall report such 
                determination to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
                    ``(C) Comptroller general's report.--Not later than 
                April 30, 2004, the Comptroller General of the United 
                States shall transmit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report on the 
                success of the Oversight Board in improving the 
                performance of the air traffic control system.''.
            (2) Conforming amendment.--The analysis for chapter 1 is 
        amended by adding at the end the following:

``113. Air Traffic Control Oversight Board.''.
    (b) Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of enactment of this Act.
            (2) Initial nominations to air traffic control oversight 
        board.--The President shall submit the initial nominations of 
        the air traffic control oversight board to the Senate not later 
        than 3 months after the date of enactment of this Act.
            (3) Effect on actions prior to appointment of oversight 
        board.--Nothing in this section shall be construed to 
        invalidate the actions and authority of the Federal Aviation 
        Administration prior to the appointment of the members of the 
        Air Traffic Control Oversight Board.

SEC. 303. CHIEF OPERATING OFFICER.

    Section 106 is amended by adding at the end the following:
    ``(r) Chief Operating Officer.--
            ``(1) In general.--
                    ``(A) Appointment.--There shall be a Chief 
                Operating Officer for the air traffic control system to 
                be appointed by the Administrator, with approval of the 
                Air Traffic Control Oversight Board established by 
                section 113. The Chief Operating Officer shall report 
                directly to the Administrator and shall be subject to 
                the authority of the Administrator.
                    ``(B) Qualifications.--The Chief Operating Officer 
                shall have a demonstrated ability in management and 
                knowledge of or experience in aviation.
                    ``(C) Term.--The Chief Operating Officer shall be 
                appointed for a term of 5 years.
                    ``(D) Removal.--The Chief Operating Officer shall 
                serve at the pleasure of the Administrator, except that 
                the Administrator shall make every effort to ensure 
                stability and continuity in the leadership of the air 
                traffic control system.
                    ``(E) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of Chief Operating Officer 
                occurring before the expiration of the term for which 
                the individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(2) Annual performance agreement.--The Administrator and 
        the Chief Operating Officer, in consultation with the Air 
        Traffic Control Oversight Board, shall enter into an annual 
        performance agreement that sets forth measurable organization 
        and individual goals for the Chief Operating Officer in key 
        operational areas. The agreement shall be subject to review and 
        renegotiation on an annual basis.
            ``(3) Annual performance report.--The Chief Operating 
        Officer shall prepare and submit to the Secretary of 
        Transportation and Congress an annual management report 
        containing such information as may be prescribed by the 
        Secretary.''.

SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

    (a) Membership.--Section 106(p)(2)(C) is amended to read as 
follows:
                    ``(C) 13 members representing aviation interests, 
                appointed by--
                            ``(i) in the case of initial appointments 
                        to the Council, the President by and with the 
                        advice and consent of the Senate; and
                            ``(ii) in the case of subsequent 
                        appointments to the Council, the Secretary of 
                        Transportation.''.
    (b) Terms of Members.--Section 106(p)(6)(A)(i) is amended by 
striking ``by the President''.

SEC. 305. ENVIRONMENTAL STREAMLINING.

    (a) Coordinated Environmental Review Process.--
            (1) Development and implementation.--The Secretary shall 
        develop and implement a coordinated environmental review 
        process for aviation infrastructure projects that require--
                    (A) the preparation of an environmental impact 
                statement or environmental assessment under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), except that the Secretary may decide not 
                to apply this section to the preparation of an 
                environmental assessment under such Act; or
                    (B) the conduct of any other environmental review, 
                analysis, opinion, or issuance of an environmental 
                permit, license, or approval by operation of Federal 
                law.
            (2) Memorandum of understanding.--
                    (A) In general.--The coordinated environmental 
                review process for each project shall ensure that, 
                whenever practicable (as specified in this section), 
                all environmental reviews, analyses, opinions, and any 
                permits, licenses, or approvals that must be issued or 
                made by any Federal agency for the project concerned 
                shall be conducted concurrently and completed within a 
                cooperatively determined time period. Such process for 
                a project or class of project may be incorporated into 
                a memorandum of understanding between the Department of 
                Transportation and Federal agencies (and, where 
                appropriate, State agencies).
                    (B) Establishment of time periods.--In establishing 
                the time period referred to in subparagraph (A), and 
                any time periods for review within such period, the 
                Department and all such agencies shall take into 
                account their respective resources and statutory 
                commitments.
    (b) Elements of Coordinated Environmental Review Process.--For each 
project, the coordinated environmental review process established under 
this section shall provide, at a minimum, for the following elements:
            (1) Federal agency identification.--The Secretary shall, at 
        the earliest possible time, identify all potential Federal 
        agencies that--
                    (A) have jurisdiction by law over environmental-
                related issues that may be affected by the project and 
the analysis of which would be part of any environmental document 
required by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or
                    (B) may be required by Federal law to 
                independently--
                            (i) conduct an environmental-related review 
                        or analysis; or
                            (ii) determine whether to issue a permit, 
                        license, or approval or render an opinion on 
                        the environmental impact of the project.
            (2) Time limitations and concurrent review.--The Secretary 
        and the head of each Federal agency identified under paragraph 
        (1)--
                    (A)(i) shall jointly develop and establish time 
                periods for review for--
                            (I) all Federal agency comments with 
                        respect to any environmental review documents 
                        required by the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) for the 
                        project; and
                            (II) all other independent Federal agency 
                        environmental analyses, reviews, opinions, and 
                        decisions on any permits, licenses, and 
                        approvals that must be issued or made for the 
                        project;
                whereby each such Federal agency's review shall be 
                undertaken and completed within such established time 
                periods for review; or
                    (ii) may enter into an agreement to establish such 
                time periods for review with respect to a class of 
                project; and
                    (B) shall ensure, in establishing such time periods 
                for review, that the conduct of any such analysis, 
                review, opinion, and decision is undertaken 
                concurrently with all other environmental reviews for 
                the project, including the reviews required by the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); except that such review may not be 
                concurrent if the affected Federal agency can 
                demonstrate that such concurrent review would result in 
                a significant adverse impact to the environment or 
                substantively alter the operation of Federal law or 
                would not be possible without information developed as 
                part of the environmental review process.
            (3) Factors to be considered.--Time periods for review 
        established under this section shall be consistent with the 
        time periods established by the Council on Environmental 
        Quality under sections 1501.8 and 1506.10 of title 40, Code of 
        Federal Regulations.
            (4) Extensions.--The Secretary shall extend any time 
        periods for review under this section if, upon good cause 
        shown, the Secretary and any Federal agency concerned determine 
        that additional time for analysis and review is needed as a 
        result of new information that has been discovered that could 
        not reasonably have been anticipated when the Federal agency's 
        time periods for review were established. Any memorandum of 
        understanding shall be modified to incorporate any mutually 
        agreed-upon extensions.
    (c) Dispute Resolution.--When the Secretary determines that a 
Federal agency which is subject to a time period for its environmental 
review or analysis under this section has failed to complete such 
review, analysis, opinion, or decision on issuing any permit, license, 
or approval within the established time period or within any agreed-
upon extension to such time period, the Secretary may, after notice and 
consultation with such agency, close the record on the matter before 
the Secretary. If the Secretary finds, after timely compliance with 
this section, that an environmental issue related to the project that 
an affected Federal agency has jurisdiction over by operation of 
Federal law has not been resolved, the Secretary and the head of the 
Federal agency shall resolve the matter not later than 30 days after 
the date of the finding by the Secretary.
    (d) Participation of State Agencies.--For any project eligible for 
assistance under chapter 471 of title 49, United States Code, a State, 
by operation of State law, may require that all State agencies that 
have jurisdiction by State or Federal law over environmental-related 
issues that may be affected by the project, or that are required to 
issue any environmental-related reviews, analyses, opinions, or 
determinations on issuing any permits, licenses, or approvals for the 
project, be subject to the coordinated environmental review process 
established under this section unless the Secretary determines that a 
State's participation would not be in the public interest. For a State 
to require State agencies to participate in the review process, all 
affected agencies of the State shall be subject to the review process.
    (e) Assistance to Affected Federal Agencies.--
            (1) In general.--The Secretary may approve a request by a 
        State or other recipient of assistance under chapter 471 of 
        title 49, United States Code, to provide funds made available 
        from the Airport and Airway Trust Fund to the State or 
        recipient for an aviation project subject to the coordinated 
        environmental review process established under this section to 
        affected Federal agencies to provide the resources necessary to 
        meet any time limits established under this section.
            (2) Amounts.--Such requests under paragraph (1) shall be 
        approved only--
                    (A) for the additional amounts that the Secretary 
                determines are necessary for the affected Federal 
                agencies to meet the time limits for environmental 
                review; and
                    (B) if such time limits are less than the customary 
                time necessary for such review.
    (f) Judicial Review and Savings Clause.--
            (1) Judicial review.--Nothing in this section shall affect 
        the reviewability of any final Federal agency action in a court 
        of the United States or in the court of any State.
            (2) Savings clause.--Nothing in this section shall affect 
        the applicability of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other Federal 
        environmental statute or affect the responsibility of any 
        Federal officer to comply with or enforce any such statute.
    (g) Federal Agency Defined.--In this section, the term ``Federal 
agency'' means any Federal agency or any State agency carrying out 
affected responsibilities required by operation of Federal law.

SEC. 306. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

    Section 106(f)(3)(B)(i) is amended--
            (1) by striking ``$100,000,000'' each place it appears and 
        inserting ``$250,000,000'';
            (2) by striking ``Air Traffic Management System Performance 
        Improvement Act of 1996'' and inserting ``Aviation Investment 
        and Reform Act for the 21st Century'';
            (3) in subclause (I)--
                    (A) by inserting ``substantial and'' before 
                ``material''; and
                    (B) by inserting ``or'' after the semicolon at the 
                end; and
            (4) by striking subclauses (II), (III), and (IV) and 
        inserting the following:
                            ``(II) raise novel or significant legal or 
                        policy issues arising out of legal mandates 
                        that may substantially and materially affect 
                        other transportation modes.''.

SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

    (a) Independent Assessment.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct the assessments described in this 
        section. To conduct the assessments, the Inspector General may 
        use the staff and resources of the Inspector General or 
        contract with 1 or more independent entities.
            (2) Assessment of adequacy and accuracy of faa cost data 
        and attributions.--
                    (A) In general.--The Inspector General shall 
                conduct an assessment to ensure that the method for 
                calculating the overall costs of the Federal Aviation 
                Administration and attributing such costs to specific 
                users is appropriate, reasonable, and understandable to 
                the users.
                    (B) Components.--In conducting the assessment under 
                this paragraph, the Inspector General shall assess the 
                following:
                            (i) The Federal Aviation Administration's 
                        cost input data, including the reliability of 
                        the Federal Aviation Administration's source 
                        documents and the integrity and reliability of 
                        the Federal Aviation Administration's data 
                        collection process.
                            (ii) The Federal Aviation Administration's 
                        system for tracking assets.
                            (iii) The Federal Aviation Administration's 
                        bases for establishing asset values and 
                        depreciation rates.
                            (iv) The Federal Aviation Administration's 
                        system of internal controls for ensuring the 
                        consistency and reliability of reported data.
                            (v) The Federal Aviation Administration's 
                        definition of the services to which the Federal 
                        Aviation Administration ultimately attributes 
                        its costs.
                            (vi) The cost pools used by the Federal 
                        Aviation Administration and the rationale for 
                        and reliability of the bases which the Federal 
                        Aviation Administration proposes to use in 
                        allocating costs of services to users.
                    (C) Requirements for assessment of cost pools.--In 
                carrying out subparagraph (B)(vi), the Inspector 
                General shall--
                            (i) review costs that cannot reliably be 
                        attributed to specific Federal Aviation 
                        Administration services or activities (called 
                        ``common and fixed costs'' in the Federal 
                        Aviation Administration Cost Allocation Study) 
                        and consider alternative methods for allocating 
                        such costs; and
                            (ii) perform appropriate tests to assess 
                        relationships between costs in the various cost 
                        pools and activities and services to which the 
                        costs are attributed by the Federal Aviation 
                        Administration.
            (3) Cost effectiveness.--
                    (A) In general.--The Inspector General shall assess 
                the progress of the Federal Aviation Administration in 
                cost and performance management, including use of 
                internal and external benchmarking in improving the 
                performance and productivity of the Federal Aviation 
                Administration.
                    (B) Annual reports.--Not later than December 31, 
                2000, and annually thereafter until December 31, 2004, 
                the Inspector General shall transmit to Congress an 
                updated report containing the results of the assessment 
                conducted under this paragraph.
                    (C) Information to be included in faa financial 
                report.--The Administrator shall include in the annual 
                financial report of the Federal Aviation Administration 
                information on the performance of the Administration 
                sufficient to permit users and others to make an 
                informed evaluation of the progress of the 
                Administration in increasing productivity.
    (b) Funding.--Of the amounts appropriated pursuant to section 
106(k) of title 49, United States Code, for fiscal year 2000, not to 
exceed $1,500,000 may be used to carry out this section.

                      TITLE IV--FAMILY ASSISTANCE

SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

    (a) Prohibition on Unsolicited Communications.--
            (1) In general.--Section 1136(g)(2) is amended--
                    (A) by striking ``transportation,'' and inserting 
                ``transportation and in the event of an accident 
                involving a foreign air carrier that occurs within the 
                United States,'';
                    (B) by inserting after ``attorney'' the following: 
                ``(including any associate, agent, employee, or other 
                representative of an attorney)''; and
                    (C) by striking ``30th day'' and inserting ``45th 
                day''.
            (2) Enforcement.--Section 1151 is amended by inserting 
        ``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
    (b) Prohibition on Actions To Prevent Mental Health and Counseling 
Services.--Section 1136(g) is amended by adding at the end the 
following:
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.''.
    (c) Inclusion of Nonrevenue Passengers in Family Assistance 
Coverage.--Section 1136(h)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' includes--
                    ``(A) an employee of an air carrier or foreign air 
                carrier aboard an aircraft; and
                    ``(B) any other person aboard the aircraft without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the flight.''.
    (d) Limitation on Statutory Construction.--Section 1136 is amended 
by adding at the end the following:
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 402. AIR CARRIER PLANS.

    (a) Contents of Plans.--
            (1) Flight reservation information.--Section 41113(b) is 
        amended by adding at the end the following:
            ``(14) An assurance that, upon request of the family of a 
        passenger, the air carrier will inform the family of whether 
        the passenger's name appeared on a preliminary passenger 
        manifest for the flight involved in the accident.''.
            (2) Training of employees and agents.--Section 41113(b) is 
        further amended by adding at the end the following:
            ``(15) An assurance that the air carrier will provide 
        adequate training to the employees and agents of the carrier to 
        meet the needs of survivors and family members following an 
        accident.''.
            (3) Consultation on carrier response not covered by plan.--
        Section 41113(b) is further amended by adding at the end the 
        following:
            ``(16) An assurance that the air carrier, in the event that 
        the air carrier volunteers assistance to United States citizens 
        within the United States in the case of an aircraft accident 
        outside the United States involving major loss of life, the air 
        carrier will consult with the Board and the Department of State 
        on the provision of the assistance.''.
            (4) Submission of updated plans.--The amendments made by 
        paragraphs (1), (2), and (3) shall take effect on the 180th day 
        following the date of enactment of this Act. On or before such 
        180th day, each air carrier holding a certificate of public 
        convenience and necessity under section 41102 of title 49, 
        United States Code, shall submit to the Secretary of 
        Transportation and the Chairman of the National Transportation 
        Safety Board an updated plan under section 41113 of such title 
        that meets the requirement of the amendments made by paragraphs 
        (1), (2), and (3).
            (5) Conforming amendments.--Section 41113 is amended--
                    (A) in subsection (a) by striking ``Not later than 
                6 months after the date of the enactment of this 
                section, each air carrier'' and inserting ``Each air 
                carrier''; and
                    (B) in subsection (c) by striking ``After the date 
                that is 6 months after the date of the enactment of 
                this section, the Secretary'' and inserting ``The 
                Secretary''.
    (b) Limitation on Liability.--Section 41113(d) is amended by 
inserting ``, or in providing information concerning a flight 
reservation,'' before ``pursuant to a plan''.
    (c) Limitation on Statutory Construction.--Section 41113 is amended 
by adding at the end the following:
    ``(f) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 403. FOREIGN AIR CARRIER PLANS.

    (a) Inclusion of Nonrevenue Passengers in Family Assistance 
Coverage.--Section 41313(a)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' has the meaning 
        given such term by section 1136 of this title.''.
    (b) Accidents for Which Plan Is Required.--Section 41313(b) is 
amended by striking ``significant'' and inserting ``major''.
    (c) Contents of Plans.--
            (1) In general.--Section 41313(c) is amended by adding at 
        the end the following:
            ``(15) Training of employees and agents.--An assurance that 
        the foreign air carrier will provide adequate training to the 
        employees and agents of the carrier to meet the needs of 
        survivors and family members following an accident.
            ``(16) Consultation on carrier response not covered by 
        plan.--An assurance that the foreign air carrier, in the event 
        that the foreign air carrier volunteers assistance to United 
        States citizens within the United States in the case of an 
        aircraft accident outside the United States involving major 
        loss of life, the foreign air carrier will consult with 
the Board and the Department of State on the provision of the 
assistance.''.
            (2) Submission of updated plans.--The amendment made by 
        paragraph (1) shall take effect on the 180th day following the 
        date of enactment of this Act. On or before such 180th day, 
        each foreign air carrier providing foreign air transportation 
        under chapter 413 of title 49, United States Code, shall submit 
        to the Secretary of Transportation and the Chairman of the 
        National Transportation Safety Board an updated plan under 
        section 41313 of such title that meets the requirement of the 
        amendment made by paragraph (1).

SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.

    (a) In General.--Section 40120(a) is amended by inserting 
``(including the Act entitled `An Act relating to the maintenance of 
actions for death on the high seas and other navigable waters', 
approved March 30, 1920, commonly known as the Death on the High Seas 
Act (46 U.S.C. App. 761-767; 41 Stat. 537-538))'' after ``United 
States''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
civil actions commenced after the date of enactment of this Act and to 
civil actions that are not adjudicated by a court of original 
jurisdiction or settled on or before such date of enactment.

                            TITLE V--SAFETY

SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

    (a) In General.--The Administrator shall require by regulation 
that, no later than December 31, 2002, equipment be installed, on each 
cargo aircraft with a maximum certificated takeoff weight in excess of 
15,000 kilograms, that provides protection from mid-air collisions 
using technology that provides--
            (1) cockpit based collision detection and conflict 
        resolution guidance, including display of traffic; and
            (2) a margin of safety of at least the same level as 
        provided by the collision avoidance system known as TCAS-II.
    (b) Extension of Deadline.--The Administrator may extend the 
deadline established by subsection (a) by not more than 2 years if the 
Administrator finds that the extension is needed to promote--
            (1) a safe and orderly transition to the operation of a 
        fleet of cargo aircraft equipped with collision avoidance 
        equipment; or
            (2) other safety or public interest objectives.

SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

    Section 44936(f) is amended--
            (1) in paragraph (1)(B) by inserting ``(except a branch of 
        the United States Armed Forces, the National Guard, or a 
        reserve component of the United States Armed Forces)'' after 
        ``person'' the first place it appears;
            (2) in paragraph (1)(B)(ii) by striking ``individual'' the 
        first place it appears and inserting ``individual's performance 
        as a pilot'';
            (3) in paragraph (14)(B) by inserting ``or from a foreign 
        government or entity that employed the individual'' after 
        ``exists''; and
            (4) by adding at the end the following:
            ``(15) Electronic access to faa records.--For the purpose 
        of increasing timely and efficient access to Federal Aviation 
        Administration records described in paragraph (1), the 
        Administrator may allow, under terms established by the 
        Administrator, a designated individual to have electronic 
        access to a specified database containing information about 
        such records.''.

SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

    Section 347(b)(1) of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by inserting before the semicolon at the end the following: 
``, including the provisions for investigation and enforcement as 
provided in chapter 12 of title 5, United States Code''.

SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

    Section 44701 is further amended by adding at the end the 
following:
    ``(g) Safety Risk Management Program Guidelines.--The Administrator 
shall issue guidelines and encourage the development of air safety risk 
mitigation programs throughout the aviation industry, including self-
audits and self-disclosure programs.''.

SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 30 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking to develop 
procedures to protect air carriers and their employees from civil 
enforcement actions under the program known as Flight Operations 
Quality Assurance. Not later than 1 year after the last day of the 
period for public comment provided for in the notice of proposed 
rulemaking, the Administrator shall issue a final rule establishing 
such procedures.

SEC. 506. SMALL AIRPORT CERTIFICATION.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking on 
implementing section 44706(a)(2) of title 49, United States Code, 
relating to issuance of airport operating certificates for small 
scheduled passenger air carrier operations. Not later than 1 year after 
the last day of the period for public comment provided for in the 
notice of proposed rulemaking, the Administrator shall issue a final 
rule on implementing such program.

SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

    (a) In General.--Chapter 447 is amended by adding at the end the 
following:
``Sec. 44725. Life-limited aircraft parts
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to require the 
safe disposition of life-limited parts removed from an aircraft. The 
rulemaking proceeding shall ensure that the disposition deter 
installation on an aircraft of a life-limited part that has reached or 
exceeded its life limits.
    ``(b) Safe Disposition.--For the purposes of this section, safe 
disposition includes any of the following methods:
            ``(1) The part may be segregated under circumstances that 
        preclude its installation on an aircraft.
            ``(2) The part may be permanently marked to indicate its 
        used life status.
            ``(3) The part may be destroyed in any manner calculated to 
        prevent reinstallation in an aircraft.
            ``(4) The part may be marked, if practicable, to include 
        the recordation of hours, cycles, or other airworthiness 
        information. If the parts are marked with cycles or hours of 
        usage, that information must be updated when the part is 
        retired from service.
            ``(5) Any other method approved by the Administrator.
    ``(c) Deadlines.--In conducting the rulemaking proceeding under 
subsection (a), the Administrator shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, issue a notice of proposed rulemaking; and
            ``(2) not later than 180 days after the close of the 
        comment period on the proposed rule, issue a final rule.
    ``(d) Prior-Removed Life-Limited Parts.--No rule issued under 
subsection (a) shall require the marking of parts removed before the 
effective date of the rules issued under subsection (a), nor shall any 
such rule forbid the installation of an otherwise airworthy life-
limited part.''.
    (b) Civil Penalty.--Section 46301(a)(3) is amended--
            (1) in subparagraph (A) by striking ``or'' at the end;
            (2) in subparagraph (B) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(C) a violation of section 44725, relating to the safe 
        disposal of life-limited aircraft parts; or''.
    (c) Conforming Amendment.--The analysis for chapter 447 is further 
amended by adding at the end the following:

``44725. Life-limited aircraft parts.''.

SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

    (a) In General.--Chapter 463 is amended--
            (1) by redesignating section 46316 as section 46317; and
            (2) by inserting after section 46315 the following:
``Sec. 46316. Interference with cabin or flight crew
    ``An individual who interferes with the duties or responsibilities 
of the flight crew or cabin crew of a civil aircraft, or who poses an 
imminent threat to the safety of the aircraft or other individuals on 
the aircraft, is liable to the United States Government for a civil 
penalty of not more than $25,000.''.
    (b) Compromise and Setoff.--Section 46301(f)(1)(A)(i) is amended by 
inserting ``46316,'' before ``or 47107(b)''.
    (c) Conforming Amendment.--The analysis for chapter 463 is amended 
by striking the item relating to section 46316 and inserting after the 
item relating to section 46315 the following:

``46316. Interference with cabin or flight crew.
``46317. General criminal penalty when specific penalty not 
                            provided.''.

SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

    Not later than March 1, 2000, and annually thereafter for the next 
5 years, the Administrator shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the progress of the Federal Aviation Administration in 
implementing the air transportation oversight system. At a minimum, the 
report shall indicate--
            (1) any funding or staffing constraints that would 
        adversely impact the Administration's ability to fully develop 
        and implement such system;
            (2) progress in integrating the aviation safety data 
        derived from such system's inspections with existing aviation 
        data of the Administration in the safety performance analysis 
        system of the Administration; and
            (3) the Administration's efforts in collaboration with the 
        aviation industry to develop and validate safety performance 
        measures and appropriate risk weightings for the air 
        transportation oversight system.

SEC. 510. AIRPLANE EMERGENCY LOCATORS.

    (a) Requirement.--Section 44712(b) is amended to read as follows:
    ``(b) Nonapplication.--Subsection (a) does not apply to--
            ``(1) aircraft when used in scheduled flights by scheduled 
        air carriers holding certificates issued by the Secretary of 
        Transportation under subpart II of this part;
            ``(2) aircraft when used in training operations conducted 
        entirely within a 50-mile radius of the airport from which the 
        training operations begin;
            ``(3) aircraft when used in flight operations related to 
        the design and testing, manufacture, preparation, and delivery 
        of aircraft;
            ``(4) aircraft when used in research and development if the 
        aircraft holds a certificate from the Administrator of the 
        Federal Aviation Administration to carry out such research and 
        development;
            ``(5) aircraft when used in showing compliance with 
        regulations crew training, exhibition, air racing, or market 
        surveys;
            ``(6) aircraft when used in the aerial application of a 
        substance for an agricultural purpose;
            ``(7) aircraft with a maximum payload capacity of more than 
        7,500 pounds when used in air transportation; or
            ``(8) aircraft capable of carrying only one individual.''.
    (b) Compliance.--Section 44712 is amended by redesignating 
subsection (c) as subsection (d) and by inserting after subsection (b) 
the following:
    ``(c) Compliance.--An aircraft meets the requirement of subsection 
(a) if it is equipped with an emergency locator transmitter that 
transmits on the 121.5/243 megahertz frequency or the 406 megahertz 
frequency, or with other equipment approved by the Secretary for 
meeting the requirement of subsection (a).''.
    (c) Effective Date; Regulations.--
            (1) Regulations.--The Secretary of Transportation shall 
        issue regulations under section 44712(b) of title 49, United 
States Code, as amended by this section not later than January 1, 2002.
            (2) Effective date.--The amendments made by this section 
        shall take effect on January 1, 2002.

                   TITLE VI--WHISTLEBLOWER PROTECTION

SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

    (a) General Rule.--Chapter 421 is amended by adding at the end the 
following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
or otherwise discriminate against an employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or Federal Government information 
        relating to any violation or alleged violation of any order, 
        regulation, or standard of the Federal Aviation Administration 
        or any other provision of Federal law relating to air carrier 
        safety under this subtitle or any other law of the United 
        States;
            ``(2) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of 
        any order, regulation, or standard of the Federal Aviation 
        Administration or any other provision of Federal law relating 
        to air carrier safety under this subtitle or any other law of 
        the United States;
            ``(3) testified or is about to testify in such a 
        proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 90 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary of Labor shall notify, in writing, the person named 
        in the complaint and the Administrator of the Federal Aviation 
        Administration of the filing of the complaint, of the 
        allegations contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the opportunities 
        that will be afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person named in the 
                complaint an opportunity to submit to the Secretary of 
                Labor a written response to the complaint and an 
                opportunity to meet with a representative of the 
                Secretary to present statements from witnesses, the 
                Secretary of Labor shall conduct an investigation and 
                determine whether there is reasonable cause to believe 
                that the complaint has merit and notify, in writing, 
                the complainant and the person alleged to have 
                committed a violation of subsection (a) of the 
                Secretary's findings. If the Secretary of Labor 
                concludes that there is a reasonable cause to believe 
                that a violation of subsection (a) has occurred, the 
                Secretary shall accompany the Secretary's findings with 
                a preliminary order providing the relief prescribed by 
                paragraph (3)(B). Not later than 30 days after the date 
                of notification of findings under this paragraph, 
                either the person alleged to have committed the 
                violation or the complainant may file objections to the 
                findings or preliminary order, or both, and request a 
                hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
unfavorable personnel action in the absence of that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary of Labor, the 
                complainant, and the person alleged to have committed 
                the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person who committed 
                such violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person against whom the order 
                is issued a sum equal to the aggregate amount of all 
                costs and expenses (including attorneys' and expert 
                witness fees) reasonably incurred, as determined by the 
                Secretary of Labor, by the complainant for, or in 
                connection with, the bringing the complaint upon which 
                the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $5,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date of the issuance of the final order 
                of the Secretary of Labor. Review shall conform to 
                chapter 7 of title 5. The commencement of proceedings 
                under this subparagraph shall not, unless ordered by 
                the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        any person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier, 
contractor, or subcontractor who, acting without direction from such 
air carrier, contractor, or subcontractor (or such person's agent), 
deliberately causes a violation of any requirement relating to air 
carrier safety under this subtitle or any other law of the United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The analysis for chapter 421 is amended 
by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.

SEC. 602. CIVIL PENALTY.

    Section 46301(a)(1)(A) is amended by striking ``subchapter II of 
chapter 421'' and inserting ``subchapter II or III of chapter 421''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

    Section 106(g)(1)(A) is amended by striking ``40113(a), (c), and 
(d),'' and all that follows through ``45302-45304,'' and inserting 
``40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 
445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 
44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except 
sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 
44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907-
44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453, 
sections''.

SEC. 702. PUBLIC AIRCRAFT.

    (a) Restatement of Definition of Public Aircraft Without 
Substantive Change.--Section 40102(a)(38) (as redesignated by section 
301 of this Act) is amended to read as follows:
            ``(38) `public aircraft' means an aircraft--
                    ``(A) used only for the United States Government, 
                and operated under the conditions specified by section 
                40125(b) if owned by the Government;
                    ``(B) owned by the United States Government, 
                operated by any person for purposes related to crew 
                training, equipment development, or demonstration, and 
                operated under the conditions specified by section 
                40125(b);
                    ``(C) owned and operated by the government of a 
                State, the District of Columbia, a territory or 
                possession of the United States, or a political 
                subdivision of one of these governments, under the 
                conditions specified by section 40125(c); or
                    ``(D) exclusively leased for at least 90 continuous 
                days by the government of a State, the District of 
                Columbia, a territory or possession of the United 
                States, or a political subdivision of one of these 
                governments, under the conditions specified by section 
                40125(c).''.
    (b) Qualifications for Public Aircraft Status.--
            (1) In General.--Chapter 401 is amended by adding at the 
        end the following:
``Sec. 40125. Qualifications for public aircraft status
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial purposes.--The term `commercial purposes' 
        means the transportation of persons or property for 
        compensation or hire, but does not include the operation of an 
        aircraft by one government on behalf of another government 
        under a cost reimbursement agreement if the government on whose 
        behalf the operation is conducted certifies to the 
        Administrator of the Federal Aviation Administration that the 
        operation is necessary to respond to a significant and imminent 
        threat to life or property (including natural resources) and 
        that no service by a private operator is reasonably available 
        to meet the threat.
            ``(2) Governmental function.--The term `governmental 
        function' means an activity undertaken by a government, such as 
        firefighting, search and rescue, law enforcement, aeronautical 
        research, or biological or geological resource management.
            ``(3) Qualified non-crewmember.--The term `qualified non-
        crewmember' means an individual, other than a member of the 
        crew, aboard an aircraft--
                    ``(A) operated by the armed forces or an 
                intelligence agency of the United States Government; or
                    ``(B) whose presence is required to perform, or is 
                associated with the performance of, a governmental 
                function.
    ``(b) Aircraft Owned by the United States.--An aircraft described 
in subparagraph (A) or (B) of section 40102(a)(38), if owned by the 
Government, qualifies as a public aircraft except when it is used for 
commercial purposes or to carry an individual other than a crewmember 
or a qualified non-crewmember.
    ``(c) Aircraft Owned by State and Local Governments.--An aircraft 
described in subparagraph (C) or (D) of section 40102(a)(38) qualifies 
as a public aircraft except when it is used for commercial purposes or 
to carry an individual other than a crewmember or a qualified non-
crewmember.''.
            (2) Conforming amendment.--The analysis for chapter 401 is 
        amended by adding at the end the following:

``40125. Qualifications for public aircraft status.''.

SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

    Section 40110 is amended by adding at the end the following:
    ``(d) Prohibition on Release of Offeror Proposals.--
            ``(1) General rule.--Except as provided in paragraph (2), a 
        proposal in the possession or control of the Administrator may 
        not be made available to any person under section 552 of title 
        5.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        portion of a proposal of an offeror the disclosure of which is 
        authorized by the Administrator pursuant to procedures 
        published in the Federal Register. The Administrator shall 
        provide an opportunity for public comment on the procedures for 
        a period of not less than 30 days beginning on the date of such 
        publication in order to receive and consider the views of all 
        interested parties on the procedures. The procedures shall not 
        take effect before the 60th day following the date of such 
        publication.
            ``(3) Proposal defined.--In this subsection, the term 
        `proposal' means information contained in or originating from 
        any proposal, including a technical, management, or cost 
        proposal, submitted by an offeror in response to the 
        requirements of a solicitation for a competitive proposal.''.

SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.

    Section 40111 is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Telecommunications Services.--Notwithstanding section 
1341(a)(1)(B) of title 31, the Administrator may make a contract of not 
more than 10 years for telecommunication services that are provided 
through the use of a satellite if the Administrator finds that the 
longer contract period would be cost beneficial.''.

SEC. 705. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Mediation.--Section 40122(a)(2) is amended by adding at the end 
the following: ``The 60-day period shall not include any period during 
which Congress has adjourned sine die.''.
    (b) Right To Contest Adverse Personnel Actions.--Section 40122 is 
amended by adding at the end the following:
    ``(g) Right To Contest Adverse Personnel Actions.--An employee of 
the Federal Aviation Administration who is the subject of a major 
adverse personnel action may contest the action either through any 
contractual grievance procedure that is applicable to the employee as a 
member of the collective bargaining unit or through the 
Administration's internal process relating to review of major adverse 
personnel actions of the Administration, known as Guaranteed Fair 
Treatment or under section 347(c) of the Department of Transportation 
and Related Agencies Appropriations Act, 1996.
    ``(h) Election of Forum.--Where a major adverse personnel action 
may be contested through more than one of the indicated forums (such as 
the contractual grievance procedure, the Federal Aviation 
Administration's internal process, or that of the Merit Systems 
Protection Board), an employee must elect the forum through which the 
matter will be contested. Nothing in this section is intended to allow 
an employee to contest an action through more than one forum unless 
otherwise allowed by law.
    ``(i) Definition.--For purposes of this section, the term `major 
adverse personnel action' means a suspension of more than 14 days, a 
reduction in pay or grade, a removal for conduct or performance, a 
nondisciplinary removal, a furlough of 30 days or less (but not 
including placement in a nonpay status as the result of a lapse of 
appropriations or an enactment by Congress), or a reduction in force 
action.''.
    (c) Applicability of Merit Systems Protection Board Provisions.--
Section 347(b) of the Department of Transportation and Related Agencies 
Appropriations Act, 1996 (109 Stat. 460) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.''.
    (d) Appeals to Merit Systems Protection Board.--Section 347(c) of 
the Department of Transportation and Related Agencies Appropriations 
Act, 1996 is amended to read as follows:
    ``(c) Appeals to Merit Systems Protection Board.--Under the new 
personnel management system developed and implemented under subsection 
(a), an employee of the Federal Aviation Administration may submit an 
appeal to the Merit Systems Protection Board and may seek judicial 
review of any resulting final orders or decisions of the Board from any 
action that was appealable to the Board under any law, rule, or 
regulation as of March 31, 1996.''.

SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.

    (a) Discriminatory Practices.--Section 41310(a) is amended to read 
as follows:
    ``(a) Prohibitions.--
            ``(1) In general.--An air carrier or foreign air carrier 
        may not subject a person, place, port, or type of traffic in 
        foreign air transportation to unreasonable discrimination.
            ``(2) Discrimination against persons.--An air carrier or 
        foreign air carrier may not subject a person in foreign air 
        transportation to discrimination on the basis of race, color, 
        national origin, religion, or sex.''.
    (b) Interstate Air Transportation.--Section 41702 is amended--
            (1) by striking ``An air carrier'' and inserting ``(a) Safe 
        and Adequate Air Transportation.--An air carrier''; and
            (2) by adding at the end the following:
    ``(b) Discrimination Against Persons.--An air carrier may not 
subject a person in interstate air transportation to discrimination on 
the basis of race, color, national origin, religion, or sex.''.
    (c) Discrimination Against Handicapped Individuals.--Section 41705 
is amended by inserting ``or foreign air carrier'' after ``air 
carrier''.
    (d) Civil Penalty for Violations of Prohibition on Discrimination 
Against the Handicapped.--Section 46301(a)(3) is further amended by 
adding at the end the following:
            ``(D) a violation of section 41705, relating to 
        discrimination against handicapped individuals.''.
    (e) International Aviation Standards for Accommodating the 
Handicapped.--The Secretary of Transportation shall work with 
appropriate international organizations and the aviation authorities of 
other nations to bring about the establishment of higher standards, if 
appropriate, for accommodating handicapped passengers in air 
transportation, particularly with respect to foreign air carriers that 
code share with domestic air carriers.

SEC. 707. JOINT VENTURE AGREEMENT.

    Section 41716(a)(1) is amended by striking ``an agreement entered 
into by a major air carrier'' and inserting ``an agreement entered into 
between 2 or more major air carriers''.

SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.

    Section 44310 is amended by striking ``after'' and all that follows 
and inserting ``after December 31, 2004.''.

SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

    Section 44502(a) is further amended by adding at the end the 
following:
            ``(6) Improvements on leased properties.--The Administrator 
        may make improvements to real property leased for no or nominal 
        consideration for an air navigation facility, regardless of 
        whether the cost of making the improvements exceeds the cost of 
        leasing the real property, if--
                    ``(A) the improvements primarily benefit the 
                Government;
                    ``(B) the improvements are essential for 
                accomplishment of the mission of the Federal Aviation 
                Administration; and
                    ``(C) the interest of the Government in the 
                improvements is protected.''.

SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

    Section 44701 is amended by--
            (1) redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
            ``(1) In general.--Notwithstanding the provisions of this 
        chapter, the Administrator, pursuant to Article 83 bis of the 
        Convention on International Civil Aviation and by a bilateral 
        agreement with the aeronautical authorities of another country, 
        may exchange with that country all or part of their respective 
        functions and duties with respect to registered aircraft under 
        the following articles of the Convention: Article 12 (Rules of 
        the Air); Article 31 (Certificates of Airworthiness); or 
        Article 32a (Licenses of Personnel).
            ``(2) Relinquishment and acceptance of responsibility.--The 
        Administrator relinquishes responsibility with respect to the 
        functions and duties transferred by the Administrator as 
        specified in the bilateral agreement, under the Articles listed 
        in paragraph (1) for United States-registered aircraft 
        described in paragraph (4)(A) transferred abroad and accepts 
        responsibility with respect to the functions and duties under 
        those Articles for aircraft registered abroad and described in 
        paragraph (4)(B) that are transferred to the United States.
            ``(3) Conditions.--The Administrator may predicate, in the 
        agreement, the transfer of functions and duties under this 
        subsection on any conditions the Administrator deems necessary 
        and prudent, except that the Administrator may not transfer 
        responsibilities for United States registered aircraft 
        described in paragraph (4)(A) to a country that the 
        Administrator determines is not in compliance with its 
        obligations under international law for the safety oversight of 
        civil aviation.
            ``(4) Registered aircraft defined.--In this subsection, the 
        term `registered aircraft' means--
                    ``(A) aircraft registered in the United States and 
                operated pursuant to an agreement for the lease, 
                charter, or interchange of the aircraft or any similar 
                arrangement by an operator that has its principal place 
                of business or, if it has no such place of business, 
                its permanent residence in another country; or
                    ``(B) aircraft registered in a foreign country and 
                operated under an agreement for the lease, charter, or 
                interchange of the aircraft or any similar arrangement 
                by an operator that has its principal place of business 
                or, if it has no such place of business, its permanent 
                residence in the United States.''.

SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

    Section 44703 is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Public Information.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, the information 
        contained in the records of contents of any airman certificate 
        issued under this section that is limited to an airman's name, 
        address, date of birth, and ratings held shall be made 
        available to the public after the 120th day following the date 
        of enactment of the Aviation Investment and Reform Act for the 
        21st Century.
            ``(2) Opportunity to withhold information.--Before making 
        any information concerning an airman available to the public 
        under paragraph (1), the airman shall be given an opportunity 
        to elect that the information not be made available to the 
        public.
            ``(3) Development and implementation of program.--Not later 
        than 60 days after the date of enactment of the Aviation 
        Investment and Reform Act for the 21st Century, the 
        Administrator shall develop and implement, in cooperation with 
        representatives of the aviation industry, a one-time written 
        notification to airmen to set forth the implications of making 
        information concerning an airman available to the public under 
        paragraph (1) and to carry out paragraph (2).''.

SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CERTIFICATES.

    Section 44709(e) is amended to read as follows:
    ``(e) Effectiveness of Orders Pending Appeal.--
            ``(1) In general.--Except as provided in paragraph (2), if 
        a person files an appeal with the Board under section (d), the 
        order of the Administrator is stayed.
            ``(2) Emergencies.--If the Administrator advises the Board 
        that an emergency exists and safety in air commerce or air 
        transportation requires the order to be effective immediately, 
        the order is effective, except that a person filing an appeal 
        under subsection (d) may file a written petition to the Board 
        for an emergency stay on the issues of the appeal that are 
        related to the existence of the emergency. The Board shall have 
        10 days to review the materials. If any 2 members of the Board 
        determine that sufficient grounds exist to grant a stay, an 
        emergency stay shall be granted. If an emergency stay is 
        granted, the Board must meet within 15 days of the granting of 
        the stay to make a final disposition of the issues related to 
        the existence of the emergency.
            ``(3) Final disposition of appeal.--In all cases, the Board 
        shall make a final disposition of the merits of the appeal not 
        later than 60 days after the Administrator advises the Board of 
        the order.''.

SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end the following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at individual airports such consortia of government and 
aviation industry representatives as the Administrator may designate to 
provide advice on matters related to aviation security and safety. Such 
consortia shall not be considered Federal advisory committees.''.

SEC. 714. PASSENGER MANIFEST.

    Section 44909(a)(2) is amended by striking ``shall'' and inserting 
``should''.

SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

    Section 45301 is amended--
            (1) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) Services (other than air traffic control services) 
        provided to a foreign government or to any entity obtaining 
        services outside the United States, except that the 
        Administrator shall not impose fees in any manner for 
        production-certification related service performed outside the 
        United States pertaining to aeronautical products manufactured 
        outside the United States.''; and
            (2) by adding at the end the following:
    ``(d) Production-Certification Related Service Defined.--In this 
section, the term `production-certification related service' has the 
meaning given that term in appendix C of part 187 of title 14, Code of 
Federal Regulations.''.

SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

    Section 46301 is amended--
            (1) in subsection (a)(1)(A) by striking ``46302, 46303, 
        or'';
            (2) in subsection (d)(7)(A) by striking ``an individual'' 
        the first place it appears and inserting ``a person''; and
            (3) in subsection (g) by inserting ``or the Administrator'' 
        after ``Secretary''.

SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

    (a) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended in the first sentence by inserting ``or 
foreign air carrier'' after ``air carrier''.
    (b) Exemption for Aircraft Modification or Disposal.--Section 47528 
is amended--
            (1) in subsection (a) by inserting ``or (f)'' after 
        ``(b)''; and
            (2) by adding at the end the following:
    ``(f) Aircraft Modification or Disposal.--After December 31, 1999, 
the Secretary may provide a procedure under which a person may operate 
a stage 1 or stage 2 aircraft in nonrevenue service to or from an 
airport in the United States in order to--
            ``(1) sell the aircraft outside the United States;
            ``(2) sell the aircraft for scrapping; or
            ``(3) obtain modifications to the aircraft to meet stage 3 
        noise levels.''.
    (c) Limited Operation of Certain Aircraft.--Section 47528(e) is 
amended by adding at the end the following:
    ``(4) An air carrier operating stage 2 aircraft under this 
subsection may operate stage 2 aircraft to or from the 48 contiguous 
States on a nonrevenue basis in order to--
            ``(A) perform maintenance (including major alterations) or 
        preventative maintenance on aircraft operated, or to be 
        operated, within the limitations of paragraph (2)(B); or
            ``(B) conduct operations within the limitations of 
        paragraph (2)(B).''.

SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHORITY.

    (a) Extension of Application Approvals.--Section 49108 is amended 
by striking ``2001'' and inserting ``2004''.
    (b) Elimination of Deadline for Appointment of Members to Board of 
Directors.--Section 49106(c)(6) is amended by striking subparagraph (C) 
and by redesignating subparagraph (D) as subparagraph (C).

SEC. 719. ACQUISITION MANAGEMENT SYSTEM.

    Section 348 of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by striking subsection (c) and inserting the following:
    ``(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the Administrator may enter into 
contracts for procurement of severable services that begin in one 
fiscal year and end in another if (without regard to any option to 
extend the period of the contract) the contract period does not exceed 
1 year.''.

SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.

    (a) Membership.--
            (1) Appointment.--Section 4(a)(5) of the Centennial of 
        Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) 
        is amended by inserting ``, or his designee,'' after 
        ``prominence''.
            (2) Status.--Section 4 of such Act (112 Stat. 3487) is 
        amended by adding at the end the following:
    ``(g) Status.--The members of the Commission described in 
paragraphs (1), (3), (4), and (5) of subsection (a) shall not be 
considered to be officers or employees of the United States.''.
    (b) Duties.--Section 5(a)(7) of such Act (112 Stat. 3488) is 
amended to read as follows:
            ``(7) as a nonprimary purpose, publish popular and 
        scholarly works related to the history of aviation or the 
        anniversary of the centennial of powered flight.''.
    (c) Conflicts of Interest.--Section 6 of such Act (112 Stat. 3488-
3489) is amended by adding at the end the following:
    ``(e) Conflicts of Interest.--At its second business meeting, the 
Commission shall adopt a policy to protect against possible conflicts 
of interest involving its members and employees. The Commission shall 
consult with the Office of Government Ethics in the development of such 
a policy and shall recognize the status accorded its members under 
section 4(g).''.
    (d) Executive Director.--The first sentence of section 7(a) of such 
Act (112 Stat. 3489) is amended by striking the period at the end and 
inserting the following: ``or represented on the First Flight 
Centennial Advisory Board under subparagraphs (A) through (E) of 
section 12(b)(1).''.
    (e) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.--
            (1) Use of funds.--Section 9(d) of such Act (112 Stat. 
        3490) is amended by striking the period at the end and 
        inserting the following: ``, except that the Commission may 
        transfer any portion of such funds that is in excess of the 
funds necessary to carry out such duties to any Federal agency or the 
National Air and Space Museum of the Smithsonian Institution to be used 
for the sole purpose of commemorating the history of aviation or the 
centennial of powered flight.''.
            (2) Duties to be carried out by administrator of nasa.--
        Section 9 of such Act (112 Stat. 3490) is amended by adding at 
        the end the following:
    ``(f) Duties To Be Carried Out by Administrator of NASA.--The 
duties of the Commission under this section shall be carried out by the 
Administrator of the National Aeronautics and Space Administration, in 
consultation with the Commission.''.

SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.

    (a) In General.--A memorandum of agreement between the 
Administrator and any person that directly obtains aircraft situational 
display data from the Federal Aviation Administration shall require 
that--
            (1) the person demonstrate to the satisfaction of the 
        Administrator that such person is capable of selectively 
        blocking the display of any aircraft-situation-display-to-
        industry derived data related to any identified aircraft 
        registration number; and
            (2) the person agree to block selectively the aircraft 
        registration numbers of any aircraft owner or operator upon the 
        Administration's request.
    (b) Existing Memoranda To Be Conformed.--The Administrator shall 
conform any memoranda of agreement, in effect on the date of enactment 
of this Act, between the Administration and a person under which that 
person obtains aircraft situational display data to incorporate the 
requirements of subsection (a) within 30 days after that date.

SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY 
              COMPLAINTS.

    (a) Hiring of Additional Personnel.--For fiscal year 2000, the 
Secretary of Transportation may hire or contract for such additional 
personnel as may be necessary to eliminate the backlog of pending equal 
employment opportunity complaints to the Department of Transportation 
and to ensure that investigations of complaints are completed not later 
than 180 days after the date of initiation of the investigation.
    (b) Funding.--Of the amounts appropriated pursuant to section 
106(k) of title 49, United States Code, for fiscal year 2000, 
$2,000,000 may be used to carry out this section.

SEC. 723. NEWPORT NEWS, VIRGINIA.

    (a) Authority To Grant Waivers.--Notwithstanding section 16 of the 
Federal Airport Act (as in effect on May 14, 1947) or section 47125 of 
title 49, United States Code, the Secretary shall, subject to section 
47153 of such title (as in effect on June 1, 1998), and subsection (b) 
of this section, waive with respect to airport property parcels that, 
according to the Federal Aviation Administration approved airport 
layout plan for Newport News/Williamsburg International Airport, are no 
longer required for airport purposes from any term contained in the 
deed of conveyance dated May 14, 1947, under which the United States 
conveyed such property to the Peninsula Airport Commission for airport 
purposes of the Commission.
    (b) Conditions.--Any waiver granted by the Secretary under 
subsection (a) shall be subject to the following conditions:
            (1) The Peninsula Airport Commission shall agree that, in 
        leasing or conveying any interest in the property with respect 
        to which waivers are granted under subsection (a), the 
        Commission will receive an amount that is equal to the fair 
        lease value or the fair market value, as the case may be (as 
        determined pursuant to regulations issued by the Secretary).
            (2) Peninsula Airport Commission shall use any amount so 
        received only for the development, improvement, operation, or 
        maintenance of Newport News/Williamsburg International Airport.

SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

    The City of Los Angeles Department of Airports may grant an 
easement to the California Department of Transportation to lands 
required to provide sufficient right-of-way to facilitate the 
construction of the California State Route 138 bypass, as proposed by 
the California Department of Transportation.

SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.

    (a) In General.--Beginning on the date of enactment of this Act, 
flight operations conducted by Alaska guide pilots shall be regulated 
under the general operating and flight rules contained in part 91 of 
title 14, Code of Regulations.
    (b) Rulemaking Proceeding.--
            (1) In general.--The Administrator shall conduct a 
        rulemaking proceeding and issue a final rule to modify the 
        general operating and flight rules referred to in subsection 
        (a) by establishing special rules applicable to the flight 
        operations conducted by Alaska guide pilots.
            (2) Contents of rules.--A final rule issued by the 
        Administrator under paragraph (1) shall require Alaska guide 
        pilots--
                    (A) to operate aircraft inspected no less often 
                than after 125 hours of flight time;
                    (B) to participate in an annual flight review, as 
                described in section 61.56 of title 14, Code of Federal 
                Regulations;
                    (C) to have at least 500 hours of flight time as a 
                pilot;
                    (D) to have a commercial rating, as described 
                subpart F of part 61 of such title;
                    (E) to hold at least a second-class medical 
                certificate, as described in subpart C of part 67 of 
                such title;
                    (F) to hold a current letter of authorization 
                issued by the Administrator; and
                    (G) to take such other actions as the Administrator 
                determines necessary for safety.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Letter of authorization.--The term ``letter of 
        authorization'' means a letter issued by the Administrator once 
        every 5 years to an Alaska guide pilot certifying that the 
        pilot is in compliance with general operating and flight rules 
applicable to the pilot. In the case of a multi-pilot operation, at the 
election of the operating entity, a letter of authorization may be 
issued by the Administrator to the entity or to each Alaska guide pilot 
employed by the entity.
            (2) Alaska guide pilot.--The term ``Alaska guide pilot'' 
        means a pilot who--
                    (A) conducts aircraft operations over or within the 
                State of Alaska;
                    (B) operates single engine, fixed wing aircraft on 
                floats, wheels, or skis, providing commercial hunting, 
                fishing, or other guide services and related 
                accommodations in the form of camps or lodges; and
                    (C) transports clients by such aircraft incidental 
                to hunting, fishing, or other guide services, or uses 
                air transport to enable guided clients to reach hunting 
                or fishing locations.

SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

    (a) Establishment of Panel.--The Secretary of Transportation--
            (1) shall establish an Aircraft Repair and Maintenance 
        Advisory Panel to review issues related to the use and 
        oversight of aircraft and aviation component repair and 
        maintenance facilities (in this section referred to as 
        ``aircraft repair facilities'') located within, or outside of, 
        the United States; and
            (2) may seek the advice of the panel on any issue related 
        to methods to increase safety by improving the oversight of 
        aircraft repair facilities.
    (b) Membership.--The panel shall consist of--
            (1) 9 members appointed by the Secretary as follows:
                    (A) 3 representatives of labor organizations 
                representing aviation mechanics;
                    (B) 1 representative of cargo air carriers;
                    (C) 1 representative of passenger air carriers;
                    (D) 1 representative of aircraft repair facilities;
                    (E) 1 representative of aircraft manufacturers;
                    (F) 1 representative of on-demand passenger air 
                carriers and corporate aircraft operations; and
                    (G) 1 representative of regional passenger air 
                carriers;
            (2) 1 representative from the Department of Commerce, 
        designated by the Secretary of Commerce;
            (3) 1 representative from the Department of State, 
        designated by the Secretary of State; and
            (4) 1 representative from the Federal Aviation 
        Administration, designated by the Administrator.
    (c) Responsibilities.--The panel shall--
            (1) determine the amount and type of work that is being 
        performed by aircraft repair facilities located within, and 
        outside of, the United States; and
            (2) provide advice and counsel to the Secretary with 
        respect to the aircraft and aviation component repair work 
        performed by aircraft repair facilities and air carriers, 
        staffing needs, and any balance of trade or safety issues 
        associated with that work.
    (d) DOT To Request Information From Air Carriers and Repair 
Facilities.--
            (1) Collection of information.--The Secretary, by 
        regulation, shall require air carriers, foreign air carriers, 
        domestic repair facilities, and foreign repair facilities to 
        submit such information as the Secretary may require in order 
        to assess balance of trade and safety issues with respect to 
        work performed on aircraft used by air carriers, foreign air 
        carriers, United States corporate operators, and foreign 
        corporate operators.
            (2) Drug and alcohol testing information.--Included in the 
        information the Secretary requires under paragraph (1) shall be 
        information on the existence and administration of employee 
        drug and alcohol testing programs in place at the foreign 
        repair facilities, if applicable. The Secretary, if necessary, 
        shall work with the International Civil Aviation Organization 
        to increase the number and improve the administration of 
        employee drug and alcohol testing programs at the foreign 
        repair facilities.
            (3) Description of work done.--Included in the information 
        the Secretary requires under paragraph (1) shall be information 
        on the amount and type of work performed on aircraft registered 
        in and outside of the United States.
    (e) DOT To Facilitate Collection of Information About Aircraft 
Maintenance.--The Secretary shall facilitate the collection of 
information from the National Transportation Safety Board, the Federal 
Aviation Administration, and other appropriate agencies regarding 
maintenance performed by aircraft repair facilities.
    (f) DOT To Make Information Available to Public.--The Secretary 
shall make any relevant information received under subsection (c) 
available to the public, consistent with the authority to withhold 
trade secrets or commercial, financial, and other proprietary 
information under section 552 of title 5, United States Code.
    (g) Termination.--The panel established under subsection (a) shall 
terminate on the earlier of--
            (1) the date that is 2 years after the date of enactment of 
        this Act; or
            (2) December 31, 2001.
    (h) Definitions.--The definitions contained in section 40102 of 
title 49, United States Code, shall apply to this section.

SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.

    (a) Study.--The Administrator, in consultation with the National 
Transportation Safety Board and other interested persons, shall conduct 
a study of air taxi operators regulated under part 135 of title 14, 
Code of Federal Regulations.
    (b) Contents.--The study shall include an analysis of the size and 
type of the aircraft fleet, relevant aircraft equipment, hours flown, 
utilization rates, safety record by various categories of use and 
aircraft type, sales revenues, and airports served by the air taxi 
fleet.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study.

SEC. 728. SENSE OF CONGRESS CONCERNING COMPLETION OF COMPREHENSIVE 
              NATIONAL AIRSPACE REDESIGN.

    It is the sense of Congress that, as soon as is practicable, the 
Administrator should complete and begin implementation of the 
comprehensive national airspace redesign that is being conducted by the 
Administrator.

SEC. 729. COMPLIANCE WITH REQUIREMENTS.

    Notwithstanding any other provision of law, in order to avoid 
unnecessary duplication of expense and effort, the Secretary of 
Transportation may authorize the use, in whole or in part, of a 
completed environmental assessment or environmental impact study for 
new construction projects on the air operations area of an airport, if 
the completed assessment or study was for a project at the airport that 
is substantially similar in nature to the new project. Any such 
authorized use shall meet all requirements of Federal law for the 
completion of such an assessment or study.

SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.

    (a) Development of New Standards.--The Secretary of Transportation 
shall continue to work to develop a new standard for aircraft and 
aircraft engines that will lead to a further reduction in aircraft 
noise levels.
    (b) Report.--Not later than March 1, 2000, and annually thereafter, 
the Secretary shall transmit to Congress a report regarding the 
application of new standards or technologies to reduce aircraft noise 
levels.

SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

    The Administrator is encouraged to consider any proposal with a 
regional consensus submitted by a State aviation authority regarding 
the expansion of existing airport facilities or the introduction of new 
airport facilities.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``National Parks Air Tour Management 
Act of 1999''.

SEC. 802. FINDINGS.

    Congress finds that--
            (1) the Federal Aviation Administration has sole authority 
        to control airspace over the United States;
            (2) the Federal Aviation Administration has the authority 
        to preserve, protect, and enhance the environment by 
        minimizing, mitigating, or preventing the adverse effects of 
        aircraft overflights of public and tribal lands;
            (3) the National Park Service has the responsibility of 
        conserving the scenery and natural and historic objects and 
        wildlife in national parks and of providing for the enjoyment 
        of the national parks in ways that leave the national parks 
        unimpaired for future generations;
            (4) the protection of tribal lands from aircraft 
        overflights is consistent with protecting the public health and 
        welfare and is essential to the maintenance of the natural and 
        cultural resources of Indian tribes;
            (5) the National Parks Overflights Working Group, composed 
        of general aviation, commercial air tour, environmental, and 
        Native American representatives, recommended that the Congress 
        enact legislation based on the Group's consensus work product; 
        and
            (6) this title reflects the recommendations made by that 
        Group.

SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

    (a) In General.--Chapter 401 is further amended by adding at the 
end the following:
``Sec. 40126. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park (including tribal lands) except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any applicable air tour 
                management plan for the park.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park 
                (including tribal lands), a commercial air tour 
                operator shall apply to the Administrator for authority 
                to conduct the operations over the park.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever an air tour management plan limits the 
                number of commercial air tour operations over a 
                national park during a specified time frame, the 
                Administrator, in cooperation with the Director, shall 
                issue operation specifications to commercial air tour 
                operators that conduct such operations. The operation 
                specifications shall include such terms and conditions 
                as the Administrator and the Director find necessary 
                for management of commercial air tour operations over 
                the park. The Administrator, in cooperation with the 
                Director, shall develop an open competitive process for 
                evaluating proposals from persons interested in 
                providing commercial air tour operations over the park. 
                In making a selection from among various proposals 
                submitted, the Administrator, in cooperation with the 
                Director, shall consider relevant factors, including--
                            ``(i) the safety record of the person 
                        submitting the proposal or pilots employed by 
                        the person;
                            ``(ii) any quiet aircraft technology 
                        proposed to be used by the person submitting 
                        the proposal;
                            ``(iii) the experience of the person 
                        submitting the proposal with commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots 
                        provided by the person submitting the proposal; 
                        and
                            ``(vi) responsiveness of the person 
                        submitting the proposal to any relevant 
                        criteria developed by the National Park Service 
                        for the affected park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour operations over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such operators, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator, in 
                cooperation with the Director, shall develop an air 
                tour management plan in accordance with subsection (b) 
                and implement such plan.
            ``(3) Exception.--
                    ``(A) In general.--If a commercial air tour 
                operator secures a letter of agreement from the 
                Administrator and the superintendent for the national 
                park that describes the conditions under which the 
                commercial air tour operation will be conducted, then 
                notwithstanding paragraph (1), the commercial air tour 
                operator may conduct such operations over the national 
                park under part 91 of title 14, Code of Federal 
                Regulations, if such activity is permitted under part 
                119 of such title.
                    ``(B) Limit on exceptions.--Not more than 5 flights 
                in any 30-day period over a single national park may be 
                conducted under this paragraph.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (d), an existing commercial air tour 
        operator shall apply, not later than 90 days after the date of 
        enactment of this section, for operating authority under part 
        119, 121, or 135 of title 14, Code of Federal Regulations. A 
        new entrant commercial air tour operator shall apply for such 
        authority before conducting commercial air tour operations over 
        a national park (including tribal lands). The Administrator 
        shall act on any such application for a new entrant and issue a 
        decision on the application not later than 24 months after it 
        is received or amended.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, shall establish an air 
                tour management plan for any national park (including 
                tribal lands) for which such a plan is not in effect 
                whenever a person applies for authority to conduct a 
                commercial air tour operation over the park. The air 
                tour management plan shall be developed by means of a 
                public process in accordance with paragraph (4).
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tours upon the natural and cultural resources, visitor 
                experiences, and tribal lands.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan under this subsection, the Administrator 
        and the Director shall each sign the environmental decision 
        document required by section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) (including a finding of no 
        significant impact, an environmental assessment, and an 
        environmental impact statement) and the record of decision for 
        the air tour management plan.
            ``(3) Contents.--An air tour management plan for a national 
        park--
                    ``(A) may limit or prohibit commercial air tour 
                operations;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations, including commercial 
                air tour operation routes, maximum or minimum 
                altitudes, time-of-day restrictions, restrictions for 
                particular events, maximum number of flights per unit 
                of time, intrusions on privacy on tribal lands, and 
                mitigation of adverse noise, visual, or other impacts;
                    ``(C) may apply to all commercial air tour 
                operations;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour operation routes and altitudes and 
                relief from flight caps and curfews) for the adoption 
                of quiet aircraft technology by commercial air tour 
                operators conducting commercial air tour operations 
over the park;
                    ``(E) shall provide a system for allocating 
                opportunities to conduct commercial air tours if the 
                air tour management plan includes a limitation on the 
                number of commercial air tour operations for any time 
                period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E) and include such justifications in the record of 
                decision.
            ``(4) Procedure.--In establishing an air tour management 
        plan for a national park (including tribal lands), the 
        Administrator and the Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the air tour management 
                plan;
                    ``(B) publish the proposed plan in the Federal 
                Register for notice and comment and make copies of the 
                proposed plan available to the public;
                    ``(C) comply with the regulations set forth in 
                sections 1501.3 and 1501.5 through 1501.8 of title 40, 
                Code of Federal Regulations (for purposes of complying 
                with the regulations, the Federal Aviation 
                Administration shall be the lead agency and the 
                National Park Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in a commercial air tour operation 
                over the park, as a cooperating agency under the 
                regulations referred to in subparagraph (C).
            ``(5) Judicial review.--An air tour management plan 
        developed under this subsection shall be subject to judicial 
        review.
            ``(6) Amendments.--The Administrator, in cooperation with 
        the Director, may make amendments to an air tour management 
        plan. Any such amendments shall be published in the Federal 
        Register for notice and comment. A request for amendment of an 
        air tour management plan shall be made in such form and manner 
        as the Administrator may prescribe.
    ``(c) Determination of Commercial Air Tour Operation Status.--In 
making a determination of whether a flight is a commercial air tour 
operation, the Administrator may consider--
            ``(1) whether there was a holding out to the public of 
        willingness to conduct a sightseeing flight for compensation or 
        hire;
            ``(2) whether a narrative that referred to areas or points 
        of interest on the surface below the route of the flight was 
        provided by the person offering the flight;
            ``(3) the area of operation;
            ``(4) the frequency of flights conducted by the person 
        offering the flight;
            ``(5) the route of flight;
            ``(6) the inclusion of sightseeing flights as part of any 
        travel arrangement package offered by the person offering the 
        flight;
            ``(7) whether the flight would have been canceled based on 
        poor visibility of the surface below the route of the flight; 
        and
            ``(8) any other factors that the Administrator considers 
        appropriate.
    ``(d) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this subsection to a commercial air tour 
        operator for commercial air tour operations over a national 
        park (including tribal lands) for which the operator is an 
        existing commercial air tour operator.
            ``(2) Requirements and limitations.--Interim operating 
        authority granted under this subsection--
                    ``(A) shall provide annual authorization only for 
                the greater of--
                            ``(i) the number of flights used by the 
                        operator to provide such tours within the 12-
                        month period prior to the date of enactment of 
                        this section; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of commercial air tour operations conducted during any 
                time period by the commercial air tour operator above 
                the number that the air tour operator was originally 
                granted unless such an increase is agreed to by the 
                Administrator and the Director;
                    ``(C) shall be published in the Federal Register to 
                provide notice and opportunity for comment;
                    ``(D) may be revoked by the Administrator for 
                cause;
                    ``(E) shall terminate 180 days after the date on 
                which an air tour management plan is established for 
                the park or the tribal lands;
                    ``(F) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(G) shall promote safe operations of the 
                commercial air tour;
                    ``(H) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(I) shall allow for modifications of the 
                operation based on experience if the modification 
                improves protection of national park resources and 
                values and of tribal lands.
    ``(e) Exemptions.--
            ``(1) In general.--Except as provided by paragraph (2), 
        this section shall not apply to--
                    ``(A) the Grand Canyon National Park;
                    ``(B) tribal lands within or abutting the Grand 
                Canyon National Park; or
                    ``(C) any unit of the National Park System located 
                in Alaska or any other land or water located in Alaska.
            ``(2) Exception.--This section shall apply to the Grand 
        Canyon National Park if section 3 of Public Law 100-91 (16 
        U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                (including tribal lands) in the 12-month period 
                preceding the application.
            ``(4) Commercial air tour operation.--The term `commercial 
        air tour operation' means any flight, conducted for 
        compensation or hire in a powered aircraft where a purpose of 
        the flight is sightseeing over a national park, within \1/2\ 
        mile outside the boundary of any national park, or over tribal 
        lands, during which the aircraft flies--
                    ``(A) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); or
                    ``(B) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--The term `tribal lands' means Indian 
        country (as that term is defined in section 1151 of title 18) 
        that is within or abutting a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Conforming Amendment.--The analysis for chapter 401 is further 
amended by adding at the end the following:

``40126. Overflights of national parks.''.

SEC. 804. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator and the Director of the 
National Park Service shall jointly establish an advisory group to 
provide continuing advice and counsel with respect to commercial air 
tour operations over and near national parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of--
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex officio members.--The Administrator (or the designee 
        of the Administrator) and the Director (or the designee of the 
        Director) shall serve as ex officio members.
            (3) Chairperson.--The representative of the Federal 
        Aviation Administration and the representative of the National 
        Park Service shall serve alternating 1-year terms as chairman 
        of the advisory group, with the representative of the Federal 
        Aviation Administration serving initially until the end of the 
        calendar year following the year in which the advisory group is 
        first appointed.
    (c) Duties.--The advisory group shall provide advice, information, 
and recommendations to the Administrator and the Director--
            (1) on the implementation of this title and the amendments 
        made by this title;
            (2) on commonly accepted quiet aircraft technology for use 
        in commercial air tour operations over national parks 
        (including tribal lands), which will receive preferential 
        treatment in a given air tour management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) at request of the Administrator and the Director, 
        safety, environmental, and other issues related to commercial 
        air tour operations over a national park (including tribal 
        lands).
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, may be allowed travel expenses, 
        including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for persons in the 
Government service employed intermittently.
            (2) Administrative support.--The Federal Aviation 
        Administration and the National Park Service shall jointly 
        furnish to the advisory group clerical and other assistance.
            (3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) does not apply to the 
        advisory group.

SEC. 805. REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall transmit to Congress 
a report on the effects overflight fees are likely to have on the 
commercial air tour operation industry. The report shall include, but 
shall not be limited to--
            (1) the viability of a tax credit for the commercial air 
        tour operators equal to the amount of any overflight fees 
        charged by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.
    (b) Quiet Aircraft Technology Report.--Not later than 2 years after 
the date of enactment of this Act, the Administrator and the Director 
shall jointly transmit a report to Congress on the effectiveness of 
this title in providing incentives for the development and use of quiet 
aircraft technology.

SEC. 806. EXEMPTIONS.

    This title shall not apply to--
            (1) any unit of the National Park System located in Alaska; 
        or
            (2) any other land or water located in Alaska.

SEC. 807. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Director.--The term ``Director'' means the Director of 
        the National Park Service.

                      TITLE IX--TRUTH IN BUDGETING

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Truth in Budgeting Act''.

SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND.

    Notwithstanding any other provision of law, the receipts and 
disbursements of the Airport and Airway Trust Fund established by 
section 9502 of the Internal Revenue Code of 1986--
            (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President,
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein), or
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; and
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government.

SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY 
              TRUST FUND.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding at the end the following:
``Sec. 47138. Safeguards against deficit spending
    ``(a) Estimates of Unfunded Aviation Authorizations and Net 
Aviation Receipts.--Not later than March 31 of each year, the Secretary 
of Transportation, in consultation with the Secretary of the Treasury, 
shall estimate--
            ``(1) the amount which would (but for this section) be the 
        unfunded aviation authorizations at the close of the first 
        fiscal year that begins after that March 31, and
            ``(2) the net aviation receipts to be credited to the 
        Airport and Airway Trust Fund during the fiscal year.
    ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the 
Secretary of Transportation determines for any fiscal year that the 
amount described in subsection (a)(1) exceeds the amount described in 
subsection (a)(2), the Secretary shall determine the amount of such 
excess.
    ``(c) Adjustment of Authorizations if Unfunded Authorizations 
Exceed Receipts.--
            ``(1) Determination of percentage.--If the Secretary 
        determines that there is an excess referred to in subsection 
        (b) for a fiscal year, the Secretary shall determine the 
        percentage which--
                    ``(A) such excess, is of
                    ``(B) the total of the amounts authorized to be 
                appropriated from the Airport and Airway Trust Fund for 
                the next fiscal year.
            ``(2) Adjustment of authorizations.--If the Secretary 
        determines a percentage under paragraph (1), each amount 
        authorized to be appropriated from the Airport and Airway Trust 
        Fund for the next fiscal year shall be reduced by such 
        percentage.
    ``(d) Availability of Amounts Previously Withheld.--
            ``(1) Adjustment of authorizations.--If, after a reduction 
        has been made under subsection (c)(2), the Secretary determines 
        that the amount described in subsection (a)(1) does not exceed 
        the amount described in subsection (a)(2) or that the excess 
        referred to in subsection (b) is less than the amount 
        previously determined, each amount authorized to be 
        appropriated that was reduced under subsection (c)(2) shall be 
        increased, by an equal percentage, to the extent the Secretary 
        determines that it may be so increased without causing the 
        amount described in subsection (a)(1) to exceed the amount 
        described in subsection (a)(2) (but not by more than the amount 
        of the reduction).
            ``(2) Apportionment.--The Secretary shall apportion amounts 
        made available for apportionment by paragraph (1).
            ``(3) Period of availability.--Any funds apportioned under 
        paragraph (2) shall remain available for the period for which 
        they would be available if such apportionment took effect with 
        the fiscal year in which they are apportioned under paragraph 
        (2).
    ``(e) Reports.--Any estimate under subsection (a) and any 
determination under subsection (b), (c), or (d) shall be reported by 
the Secretary to Congress.
    ``(f) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Net aviation receipts.--The term `net aviation 
        receipts' means, with respect to any period, the excess of--
                    ``(A) the receipts (including interest) of the 
                Airport and Airway Trust Fund during such period, over
                    ``(B) the amounts to be transferred during such 
                period from the Airport and Airway Trust Fund under 
                section 9502(d) of the Internal Revenue Code of 1986 
                (other than paragraph (1) thereof).
            ``(2) Unfunded aviation authorizations.--The term `unfunded 
        aviation authorization' means, at any time, the excess (if any) 
        of--
                    ``(A) the total amount authorized to be 
                appropriated from the Airport and Airway Trust Fund 
                which has not been appropriated, over
                    ``(B) the amount available in the Airport and 
                Airway Trust Fund at such time to make such 
                appropriation (after all other unliquidated obligations 
                at such time which are payable from the Airport and 
                Airway Trust Fund have been liquidated).''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is further amended by adding at the end the following:

``47138. Safeguards against deficit spending.''.

SEC. 904. APPLICABILITY.

    This title (including the amendments made by this Act) shall apply 
to fiscal years beginning after September 30, 2000.

            TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.

    (a) In General.--Part C of subtitle VII is amended by adding at the 
end the following:

         ``CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

``Sec.
``48301. Definitions.
``48302. Adjustments to align aviation authorizations with revenues.
``48303. Adjustment to AIP program funding.
``48304. Estimated aviation income.
``Sec. 48301. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Base year.--The term `base year' means the second 
        fiscal year before the fiscal year for which the calculation is 
        being made.
            ``(2) AIP program.--The term `AIP program' means the 
        programs for which amounts are made available under section 
        48103.
            ``(3) Aviation income.--The term `aviation income' means 
        the tax receipts credited to the Airport and Airway Trust Fund 
        and any interest attributable to the Fund.
``Sec. 48302. Adjustment to align aviation authorizations with revenues
    ``(a) Authorization of Appropriations.--Beginning with fiscal year 
2003, if the actual level of aviation income for the base year is 
greater or less than the estimated aviation income level specified in 
section 48304 for the base year, the amounts authorized to be 
appropriated (or made available) for the fiscal year under each of 
sections 106(k), 48101, 48102, and 48103 are adjusted as follows:
            ``(1) If the actual level of aviation income for the base 
        year is greater than the estimated aviation income level 
        specified in section 48304 for the base year, the amount 
        authorized to be appropriated (or made available) for such 
        section is increased by an amount determined by multiplying the 
        amount of the excess by the ratio for such section set forth in 
        subsection (b).
            ``(2) If the actual level of aviation income for the base 
        year is less than the estimated aviation income level specified 
        in section 48304 for the base year, the amount authorized to be 
        appropriated (or made available) for such section is decreased 
        by an amount determined by multiplying the amount of the 
        shortfall by the ratio for such section set forth in subsection 
        (b).
    ``(b) Ratio.--The ratio referred to in subsection (a) with respect 
to section 106(k), 48101, 48102, or 48103, as the case may be, is the 
ratio that--
            ``(1) the amount authorized to be appropriated (or made 
        available) under such section for the fiscal year; bears to
            ``(2) the total sum of amounts authorized to be 
        appropriated (or made available) under all of such sections for 
        the fiscal year.
    ``(c) President's Budget.--When the President submits a budget for 
a fiscal year under section 1105 of title 31, United States Code, the 
Director of the Office of Management and Budget shall calculate and the 
budget shall report any increase or decrease in authorization levels 
resulting from this section.
``Sec. 48303. Adjustment to AIP program funding
    ``On the effective date of a general appropriations Act providing 
appropriations for a fiscal year beginning after September 30, 2000, 
for the Federal Aviation Administration, the amount made available for 
a fiscal year under section 48103 shall be increased by the amount, if 
any, by which--
            ``(1) the total sum of amounts authorized to be 
        appropriated under all of sections 106(k), 48101, and 48102 for 
        such fiscal year, including adjustments made under section 
        48302; exceeds
            ``(2) the amounts appropriated for programs funded under 
        such sections for such fiscal year.
Any contract authority made available by this section shall be subject 
to an obligation limitation.
``Sec. 48304. Estimated aviation income
    ``For purposes of section 48302, the estimated aviation income 
levels are as follows:
            ``(1) $10,734,000,000 for fiscal year 2001.
            ``(2) $11,603,000,000 for fiscal year 2002.
            ``(3) $12,316,000,000 for fiscal year 2003.
            ``(4) $13,062,000,000 for fiscal year 2004.''.
    (b) Conforming Amendment.--The table of chapters for subtitle VII 
of such title is amended by inserting after the item relating to 
chapter 482 the following:

``483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS..............   48301''.

SEC. 1002. BUDGET ESTIMATES.

    Upon the enactment of this Act, the Director of the Office of 
Management and Budget shall not make any estimates under section 252(d) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 of 
changes in direct spending outlays and receipts for any fiscal year 
resulting from this title and title IX, including the amendments made 
by such titles.

SEC. 1003. SENSE OF CONGRESS ON FULLY OFFSETTING INCREASED AVIATION 
              SPENDING.

    It is the sense of Congress that--
            (1) air passengers and other users of the air 
        transportation system pay aviation taxes into a trust fund 
        dedicated solely to improve the safety, security, and 
        efficiency of the aviation system;
            (2) from fiscal year 2001 to fiscal year 2004, air 
        passengers and other users will pay more than $14.3 billion 
        more in aviation taxes into the Airport and Airway Trust Fund 
        than the concurrent resolution on the budget for fiscal year 
        2000 provides from such Fund for aviation investment under 
        historical funding patterns;
            (3) the Aviation Investment and Reform Act for the 21st 
        Century provides $14.3 billion of aviation investment above the 
        levels assumed in that budget resolution for such fiscal years; 
        and
            (4) this increased funding will be fully offset by 
        recapturing unspent aviation taxes and reducing the $778 
        billion general tax cut assumed in that budget resolution by 
        the appropriate amount.
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