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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Enrolled Bill (ENR)]

        H.R.1000

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 An Act

 
 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 ``Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Definitions.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                           Subtitle A--Funding

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Funding for aviation programs.
Sec. 107. Adjustment to AIP program funding.
Sec. 108. Reprogramming notification requirement.

                     Subtitle B--Airport Development

Sec. 121. Runway incursion prevention devices and emergency call boxes.
Sec. 122. Windshear detection equipment and adjustable lighting 
          extensions.
Sec. 123. Pavement maintenance.
Sec. 124. Enhanced vision technologies.
Sec. 125. Public notice before waiver with respect to land.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Inherently low-emission airport vehicle pilot program.
Sec. 134. Airport security program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Design-build contracting.

                        Subtitle C--Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.
Sec. 154. Aircraft noise primarily caused by military aircraft.
Sec. 155. Competition plans.
Sec. 156. Alaska rural aviation improvement.
Sec. 157. Use of recycled materials.
Sec. 158. Construction of runways.
Sec. 159. Notice of grants.
Sec. 160. Airfield pavement conditions.
Sec. 161. Report on efforts to implement capacity enhancements.
Sec. 162. Prioritization of discretionary projects.
Sec. 163. Continuation of reports.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

                      Subtitle A--Small Communities

Sec. 201. Policy for air service to rural areas.
Sec. 202. Waiver of local contribution.
Sec. 203. Improved air carrier service to airports not receiving 
          sufficient service.
Sec. 204. Preservation of essential air service at single carrier 
          dominated hub 
          airports.
Sec. 205. Determination of distance from hub airport.
Sec. 206. Report on essential air service.
Sec. 207. Marketing practices.
Sec. 208. Definition of eligible place.
Sec. 209. Maintaining the integrity of the essential air service 
          program.
Sec. 210. Regional jet service for small communities.

                  Subtitle B--Airline Customer Service

Sec. 221. Consumer notification of E-ticket expiration dates.
Sec. 222. Increased penalty for violation of aviation consumer 
          protection laws.
Sec. 223. Funding of enforcement of airline consumer protections.
Sec. 224. Airline customer service reports.
Sec. 225. Increased financial responsibility for lost baggage.
Sec. 226. Comptroller General investigation.
Sec. 227. Airline service quality performance reports.
Sec. 228. National Commission To Ensure Consumer Information and Choice 
          in the Airline Industry.

                         Subtitle C--Competition

Sec. 231. Changes in, and phase-out of, slot rules.

                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight.
Sec. 303. Chief Operating Officer.
Sec. 304. Pilot program to permit cost-sharing of air traffic 
          modernization projects.
Sec. 305. Clarification of regulatory approval process.
Sec. 306. Failure to meet rulemaking deadline.
Sec. 307. FAA personnel and acquisition management systems.
Sec. 308. Right to contest adverse personnel actions.
Sec. 309. Independent study of FAA costs and allocations.
Sec. 310. Environmental review of airport improvement projects.
Sec. 311. Cost allocation system.
Sec. 312. Report on modernization of oceanic ATC system.

                       TITLE IV--FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Death on the high seas.

                             TITLE V--SAFETY

Sec. 501. Airplane emergency locators.
Sec. 502. Cargo collision avoidance systems deadlines.
Sec. 503. Landfills interfering with air commerce.
Sec. 504. Life-limited aircraft parts.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. Prevention of frauds involving aircraft or space vehicle parts 
          in interstate or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
Sec. 509. Criminal penalty for pilots operating in air transportation 
          without an 
          airman's certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Occupational injuries of airport workers.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 601. Transfer of functions, powers, and duties.
Sec. 602. Transfer of office, personnel and funds.
Sec. 603. Amendment of title 49, United States Code.
Sec. 604. Savings provision.
Sec. 605. National ocean survey.
Sec. 606. Sale and distribution of nautical and aeronautical products by 
          NOAA.
Sec. 607. Procurement of private enterprise mapping, charting, and 
          geographic 
          information systems.

                   TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. FAA evaluation of long-term capital leasing.
Sec. 705. Severable services contracts for periods crossing fiscal 
          years.
Sec. 706. Prohibitions on discrimination.
Sec. 707. Discrimination against handicapped individuals.
Sec. 708. Prohibitions against smoking on scheduled flights.
Sec. 709. Joint venture agreement.
Sec. 710. Reports by carriers on incidents involving animals during air 
          transport.
Sec. 711. Extension of war risk insurance program.
Sec. 712. General facilities and personnel authority.
Sec. 713. Human factors program.
Sec. 714. Implementation of Article 83 bis of the Chicago Convention.
Sec. 715. Public availability of airmen records.
Sec. 716. Review process for emergency orders.
Sec. 717. Government and industry consortia.
Sec. 718. Passenger manifest.
Sec. 719. Cost recovery for foreign aviation services.
Sec. 720. Technical corrections to civil penalty provisions.
Sec. 721. Waiver under Airport Noise and Capacity Act.
Sec. 722. Land use compliance report.
Sec. 723. Charter airlines.
Sec. 724. Credit for emergency services provided.
Sec. 725. Passenger cabin air quality.
Sec. 726. Standards for aircraft and aircraft engines to reduce noise 
          levels.
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
          project.
Sec. 728. Automated surface observation system stations.
Sec. 729. Aircraft situational display data.
Sec. 730. Elimination of backlog of equal employment opportunity 
          complaints.
Sec. 731. Grant of easement, Los Angeles, California.
Sec. 732. Regulation of Alaska guide pilots.
Sec. 733. National Transportation Data Center of Excellence.
Sec. 734. Aircraft repair and maintenance advisory panel.
Sec. 735. Operations of air taxi industry.
Sec. 736. National airspace redesign.
Sec. 737. Compliance with requirements.
Sec. 738. FAA consideration of certain State proposals.
Sec. 739. Cincinnati-Municipal Blue Ash Airport.
Sec. 740. Authority to sell aircraft and aircraft parts for use in 
          responding to oil spills.
Sec. 741. Discriminatory practices by computer reservations systems 
          outside the United States.
Sec. 742. Specialty metals consortium.
Sec. 743. Alkali silica reactivity distress.
Sec. 744. Rolling stock equipment.
Sec. 745. General Accounting Office airport noise study.
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 747. Nonmilitary helicopter noise.
Sec. 748. Newport News, Virginia.
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai 
          County, Arizona.
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, 
          Arizona.
Sec. 751. Conveyance of airport property to an institution of higher 
          education in Oklahoma.
Sec. 752. Former airfield lands, Grant Parish, Louisiana.
Sec. 753. Raleigh County, West Virginia, Memorial Airport.
Sec. 754. Iditarod area school district.
Sec. 755. Alternative power sources for flight data recorders and 
          cockpit voice 
          recorders.
Sec. 756. Terminal automated radar display and information system.
Sec. 757. Streamlining seat and restraint system certification process 
          and dynamic testing requirements.
Sec. 758. Expressing the sense of the Senate concerning air traffic over 
          northern Delaware.
Sec. 759. Post Free Flight Phase I activities.
Sec. 760. Sense of the Congress regarding protecting the frequency 
          spectrum used for aviation communication.
Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, 
          Alaska.
Sec. 762. Bilateral relationship.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Quiet aircraft technology for Grand Canyon.
Sec. 805. Advisory group.
Sec. 806. Prohibition of commercial air tour operations over the Rocky 
          Mountain National Park.
Sec. 807. Reports.
Sec. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.

    TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 901. Authorization of appropriations.
Sec. 902. Integrated national aviation research plan.
Sec. 903. Internet availability of information.
Sec. 904. Research on nonstructural aircraft systems.
Sec. 905. Research program to improve airfield pavements.
Sec. 906. Evaluation of research funding techniques.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                                AUTHORITY

Sec. 1001. Extension of expenditure authority.

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

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

SEC. 3. APPLICABILITY.

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

SEC. 4. DEFINITIONS.

    Except as otherwise provided in this Act, the following definitions 
apply:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Federal Aviation Administration.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
                          Subtitle A--Funding

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended by 
striking ``shall be'' the last place it appears and all that follows 
and inserting the following: ``shall be--
        ``(1) $2,410,000,000 for fiscal year 1999;
        ``(2) $2,475,000,000 for fiscal year 2000;
        ``(3) $3,200,000,000 for fiscal year 2001;
        ``(4) $3,300,000,000 for fiscal year 2002; and
        ``(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``After'' and all that follows through ``1999,'' and inserting 
``After September 30, 2003,''.
    (c) Reimbursement.--Upon enactment of this Act, amounts for 
administration funded by the appropriation for ``Federal Aviation 
Administration, Operations'', pursuant to the third proviso under the 
heading ``Grants-in-Aid for Airports (Liquidation of Contract 
Authorization) (Airport and Airway Trust Fund)'' in the Department of 
Transportation and Related Agencies Appropriations Act, 2000, may be 
reimbursed from funds limited under such heading.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--Section 48101(a) is 
amended by striking paragraphs (1), (2), and (3) and inserting the 
following:
        ``(1) $2,131,000,000 for fiscal year 1999.
        ``(2) $2,689,000,000 for fiscal year 2000.
        ``(3) $2,656,765,000 for fiscal year 2001.
        ``(4) $2,914,000,000 for fiscal year 2002.
        ``(5) $2,981,022,000 for fiscal year 2003.''.
    (b) Universal Access Systems.--Section 48101 is amended by adding 
at the end the following:
    ``(d) Universal Access Systems.--Of the amounts appropriated under 
subsection (a) for fiscal year 2001, $8,000,000 may be used for the 
voluntary purchase and installation of universal access systems.''.
    (c) Alaska National Air Space Communications System.--Section 48101 
is further amended by adding at the end the following:
    ``(e) Alaska National Air Space Communications System.--Of the 
amounts appropriated under subsection (a) for fiscal year 2001, 
$7,200,000 may be used by the Administrator of the Federal Aviation 
Administration for the Alaska National Air Space Interfacility 
Communications System if the Administrator issues a report supporting 
the use of such funds for the System.''.
    (d) Automated Surface Observation System/Automated Weather 
Observing System Upgrade.--Section 48101 is further amended by adding 
at the end the following:
    ``(f) Automated Surface Observation System/Automated Weather 
Observing System Upgrade.--Of the amounts appropriated under subsection 
(a) for fiscal years beginning after September 30, 2000, such sums as 
may be necessary for the implementation and use of upgrades to the 
current automated surface observation system/automated weather 
observing system, if the upgrade is successfully demonstrated.''.
    (e) Life-Cycle Cost Estimates.--Section 48101 is further amended by 
adding at the end the following:
    ``(g) Life-Cycle Cost Estimates.--The Administrator of the Federal 
Aviation Administration shall establish life-cycle cost estimates for 
any air traffic control modernization project the total life-cycle 
costs of which equal or exceed $50,000,000.''.

SEC. 103. FAA OPERATIONS.

    (a) In General.--Section 106(k) is amended to read as follows:
    ``(k) Authorization of Appropriations for Operations.--
        ``(1) In general.--There is authorized to be appropriated to 
    the Secretary of Transportation for operations of the 
    Administration--
            ``(A) such sums as may be necessary for fiscal year 2000;
            ``(B) $6,592,235,000 for fiscal year 2001;
            ``(C) $6,886,000,000 for fiscal year 2002; and
            ``(D) $7,357,000,000 for fiscal year 2003.
    Such sums shall remain available until expended.
        ``(2) Authorized expenditures.--Out of amounts appropriated 
    under paragraph (1), the following expenditures are authorized:
            ``(A) $450,000 for each of fiscal years 2000 through 2003 
        for wildlife hazard mitigation measures and management of the 
        wildlife strike database of the Federal Aviation 
        Administration.
            ``(B) $9,100,000 for the 3-fiscal-year period beginning 
        with fiscal year 2001 to support a university consortium 
        established to provide an air safety and security management 
        certificate program, working cooperatively with the Federal 
        Aviation Administration and United States air carriers, except 
        that funds under this subparagraph--
                ``(i) may not be used for the construction of a 
            building or other facility; and
                ``(ii) may only be awarded on the basis of open 
            competition.
            ``(C) Such sums as may be necessary for fiscal years 2000 
        through 2003 to support infrastructure systems development for 
        both general aviation and the vertical flight industry.
            ``(D) Such sums as may be necessary for fiscal years 2000 
        through 2003 to establish helicopter approach procedures using 
        current technologies (such as the Global Positioning System) to 
        support all-weather, emergency medical service for trauma 
        patients.
            ``(E) Such sums as may be necessary for fiscal years 2000 
        through 2003 to revise existing terminal and en route 
        procedures and instrument flight rules to facilitate the 
        takeoff, flight, and landing of tiltrotor aircraft and to 
        improve the national airspace system by separating such 
        aircraft from congested flight paths of fixed-wing aircraft.
            ``(F) $3,300,000 for fiscal year 2000 and $3,000,000 for 
        each of fiscal years 2001 through 2003 to implement the 1998 
        airport surface operations safety action plan of the Federal 
        Aviation Administration.
            ``(G) $9,100,000 for fiscal year 2001 to support air safety 
        efforts through payment of United States membership obligations 
        in the International Civil Aviation Organization, to be paid as 
        soon as practicable.
            ``(H) Such sums as may be necessary for fiscal years 2000 
        through 2003 for the Secretary to hire additional inspectors in 
        order to enhance air cargo security programs.
            ``(I) Such sums as may be necessary for fiscal years 2000 
        through 2003 to develop and improve training programs 
        (including model training programs and curriculum) for security 
        screening personnel at airports that will be used by airlines 
        to meet regulatory requirements relating to the training and 
        testing of such personnel.''.
    (b) Office of Airline Information.--There is authorized to be 
appropriated from the Airport and Airway Trust Fund to the Secretary 
$4,000,000 for fiscal years beginning after September 30, 2000, to fund 
the activities of the Office of Airline Information in the Bureau of 
Transportation Statistics of the Department of Transportation.

SEC. 104. AIP FORMULA CHANGES.

    (a) Amounts Apportioned to Sponsors.--
        (1) Amounts to be apportioned.--Section 47114(c)(1) is 
    amended--
            (A) in subparagraph (B) by striking ``$500,000'' and 
        inserting ``$650,000''; and
            (B) by adding at the end the following:
            ``(C) Special rule.--In any fiscal year in which the total 
        amount made available under section 48103 is $3,200,000,000 or 
        more--
                ``(i) the amount to be apportioned to a sponsor under 
            subparagraph (A) shall be increased by doubling the amount 
            that would otherwise be apportioned;
                ``(ii) the minimum apportionment to a sponsor under 
            subparagraph (B) shall be $1,000,000 rather than $650,000; 
            and
                ``(iii) the maximum apportionment to a sponsor under 
            subparagraph (B) shall be $26,000,000 rather than 
            $22,000,000.
            ``(D) New airports.--Notwithstanding subparagraph (A), the 
        Secretary shall apportion on the first day of the first fiscal 
        year following the official opening of a new airport with 
        scheduled passenger air transportation an amount equal to the 
        minimum amount set forth in subparagraph (B) or (C), as 
        appropriate, to the sponsor of such airport.
            ``(E) Use of previous fiscal year's apportionment.--
        Notwithstanding subparagraph (A), the Secretary may apportion 
        to an airport sponsor in a fiscal year an amount equal to the 
        amount apportioned to that sponsor in the previous fiscal year 
        if the Secretary finds that--
                ``(i) passenger boardings at the airport fell below 
            10,000 in the calendar year used to calculate the 
            apportionment;
                ``(ii) the airport had at least 10,000 passenger 
            boardings in the calendar year prior to the calendar year 
            used to calculate apportionments to airport sponsors in a 
            fiscal year; and
                ``(iii) the cause of the shortfall in passenger 
            boardings was a temporary but significant interruption in 
            service by an air carrier to that airport due to an 
            employment action, natural disaster, or other event 
            unrelated to the demand for air transportation at the 
            affected airport.''.
        (2) Conforming amendments.--Section 47114(c)(1) is amended--
            (A) by striking ``(1)(A) The Secretary'' and inserting the 
        following:
        ``(1) Primary airports.--
            ``(A) Apportionment.--The Secretary'';
            (B) in subparagraph (B) by striking ``(B) Not less'' and 
        inserting the following:
            ``(B) Minimum and maximum apportionments.--Not less''; and
            (C) by aligning the left margin of subparagraph (A) 
        (including clauses (i) through (v)) and subparagraph (B) with 
        subparagraphs (C) and (D) (as added by paragraph (1)(B) of this 
        subsection).
    (b) Cargo Only Airports.--Section 47114(c)(2) is amended--
        (1) in subparagraph (A) by striking ``2.5 percent'' and 
    inserting ``3 percent''; and
        (2) in subparagraph (C) by striking ``Not more than'' and 
    inserting ``In any fiscal year in which the total amount made 
    available under section 48103 is less than $3,200,000,000, not more 
    than''.
    (c) Entitlement for General Aviation Airports.--Section 47114(d) is 
amended to read as follows:
    ``(d) Amounts Apportioned for General Aviation Airports.--
        ``(1) Definitions.--In this subsection, the following 
    definitions apply:
            ``(A) Area.--The term `area' includes land and water.
            ``(B) Population.--The term `population' means the 
        population stated in the latest decennial census of the United 
        States.
        ``(2) Apportionment.--Except as provided in paragraph (3), the 
    Secretary shall apportion to the States 18.5 percent of the amount 
    subject to apportionment for each fiscal year as follows:
            ``(A) 0.66 percent of the apportioned amount to Guam, 
        American Samoa, the Northern Mariana Islands, and the Virgin 
        Islands.
            ``(B) Except as provided in paragraph (4), 49.67 percent of 
        the apportioned amount for airports, excluding primary airports 
        but including reliever and nonprimary commercial service 
        airports, in States not named in subparagraph (A) in the 
        proportion that the population of each of those States bears to 
        the total population of all of those States.
            ``(C) Except as provided in paragraph (4), 49.67 percent of 
        the apportioned amount for airports, excluding primary airports 
        but including reliever and nonprimary commercial service 
        airports, in States not named in subparagraph (A) in the 
        proportion that the area of each of those States bears to the 
        total area of all of those States.
        ``(3) Special rule.--In any fiscal year in which the total 
    amount made available under section 48103 is $3,200,000,000 or 
    more, rather than making an apportionment under paragraph (2), the 
    Secretary shall apportion 20 percent of the amount subject to 
    apportionment for each fiscal year as follows:
            ``(A) To each airport, excluding primary airports but 
        including reliever and nonprimary commercial service airports, 
        in States the lesser of--
                ``(i) $150,000; or
                ``(ii) \1/5\ of the most recently published estimate of 
            the 5-year costs for airport improvement for the airport, 
            as listed in the national plan of integrated airport 
            systems developed by the Federal Aviation Administration 
            under section 47103.
            ``(B) Any remaining amount to States as follows:
                ``(i) 0.62 percent of the remaining amount to Guam, 
            American Samoa, the Commonwealth of the Northern Mariana 
            Islands, and the Virgin Islands.
                ``(ii) Except as provided in paragraph (4), 49.69 
            percent of the remaining amount for airports, excluding 
            primary airports but including reliever and nonprimary 
            commercial service airports, in States not named in clause 
            (i) in the proportion that the population of each of those 
            States bears to the total population of all of those 
            States.
                ``(iii) Except as provided in paragraph (4), 49.69 
            percent of the remaining amount for airports, excluding 
            primary airports but including reliever and nonprimary 
            commercial service airports, in States not named in clause 
            (i) in the proportion that the area of each of those States 
            bears to the total area of all of those States.
        ``(4) Airports in alaska, puerto rico, and hawaii.--An amount 
    apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or 
    Hawaii for airports in such State may be made available by the 
    Secretary for any public airport in those respective jurisdictions.
        ``(5) Use of state highway specifications.--
            ``(A) In general.--The Secretary may permit the use of 
        State highway specifications for airfield pavement construction 
        using funds made available under this subsection at nonprimary 
        airports with runways of 5,000 feet or shorter serving aircraft 
        that do not exceed 60,000 pounds gross weight if the Secretary 
        determines that--
                ``(i) safety will not be negatively affected; and
                ``(ii) the life of the pavement will not be shorter 
            than it would be if constructed using Administration 
            standards.
            ``(B) Limitation.--An airport may not seek funds under this 
        subchapter for runway rehabilitation or reconstruction of any 
        such airfield pavement constructed using State highway 
        specifications for a period of 10 years after construction is 
        completed unless the Secretary determines that the 
        rehabilitation or reconstruction is required for safety 
        reasons.
        ``(6) Integrated airport system planning.--Notwithstanding any 
    other provision of this subsection, funds made available under this 
    subsection may be used for integrated airport system planning that 
    encompasses one or more primary airports.''.
    (d) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
        (1) in the subsection heading by striking ``Alternative'' and 
    inserting ``Supplemental'';
        (2) in paragraph (1)--
            (A) by striking ``Instead of apportioning amounts for 
        airports in Alaska under'' and inserting ``In general.--
        Notwithstanding''; and
            (B) by striking ``those airports'' and inserting ``airports 
        in Alaska'';
        (3) in paragraph (2) by inserting ``Authority for 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.
        ``(4) Special rule.--In any fiscal year in which the total 
    amount made available under section 48103 is $3,200,000,000 or 
    more, the amount that may be apportioned for airports in Alaska 
    under paragraph (1) shall be increased by doubling the amount that 
    would otherwise be apportioned.''; and
        (5) by indenting paragraph (1) and aligning paragraph (1) (and 
    its subparagraphs) and paragraph (2) with paragraphs (3) and (4) 
    (as added by paragraph (4) of this subsection).
    (e) Grants for Airport Noise Compatibility Planning.--Section 
47117(e)(1)(A) is amended by striking ``31 percent'' each place it 
appears and inserting ``34 percent''.
    (f) Grants for Reliever Airports.--Section 47117(e)(1) is amended 
by adding at the end the following:
        ``(C) In any fiscal year in which the total amount made 
    available under section 48103 is $3,200,000,000 or more, at least 
    two-thirds of 1 percent for grants to sponsors of reliever airports 
    which have--
            ``(i) more than 75,000 annual operations;
            ``(ii) a runway with a minimum usable landing distance of 
        5,000 feet;
            ``(iii) a precision instrument landing procedure;
            ``(iv) a minimum number of aircraft, to be determined by 
        the Secretary, based at the airport; and
            ``(v) been designated by the Secretary as a reliever 
        airport to an airport with 20,000 hours of annual delays in 
        commercial passenger aircraft takeoffs and landings.''.
    (g) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and by redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.

SEC. 105. PASSENGER FACILITY FEES.

    (a) Authority To Impose Higher Fee.--Section 40117(b) is amended by 
adding at the end the following:
    ``(4) In lieu of authorizing a fee under paragraph (1), the 
Secretary may authorize under this section an eligible agency to impose 
a passenger facility fee of $4.00 or $4.50 on each paying passenger of 
an air carrier or foreign air carrier boarding an aircraft at an 
airport the agency controls to finance an eligible airport-related 
project, including making payments for debt service on indebtedness 
incurred to carry out the project, if the Secretary finds--
        ``(A) in the case of an airport that has more than .25 percent 
    of the total number of annual boardings in the United States, that 
    the project will make a significant contribution to improving air 
    safety and security, increasing competition among air carriers, 
    reducing current or anticipated congestion, or reducing the impact 
    of aviation noise on people living near the airport; and
        ``(B) that the project cannot be paid for from funds reasonably 
    expected to be available for the programs referred to in section 
    48103.''.
    (b) Limitation on Approval of Certain Applications.--
Section 40117(d) is amended--
        (1) by striking ``and'' at the end of paragraph (2);
        (2) by striking the period at the end of paragraph (3) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) in the case of an application to impose a fee of more 
    than $3.00 for an eligible surface transportation or terminal 
    project, the agency has made adequate provision for financing the 
    airside needs of the airport, including runways, taxiways, aprons, 
    and aircraft gates.''.
    (c) Reducing Apportionments.--Section 47114(f) is amended--
        (1) by striking ``An amount'' and inserting ``(1) In general.--
    Subject to paragraph (3), an amount'';
        (2) by striking ``an amount equal to'' and all that follows 
    through the period at the end and inserting the following: ``an 
    amount equal to--
            ``(A) in the case of a fee of $3.00 or less, 50 percent of 
        the projected revenues from the fee in the fiscal year but not 
        by more than 50 percent of the amount that otherwise would be 
        apportioned under this section; and
            ``(B) in the case of a fee of more than $3.00, 75 percent 
        of the projected revenues from the fee in the fiscal year but 
        not by more than 75 percent of the amount that otherwise would 
        be apportioned under this section.'';
        (3) by adding at the end the following:
        ``(2) Effective date of reduction.--A reduction in an 
    apportionment required by paragraph (1) shall not take effect until 
    the first fiscal year following the year in which the collection of 
    the fee imposed under section 40117 is begun.
        ``(3) Special rule for transitioning airorts.--
            ``(A) In general.--Beginning with the fiscal year following 
        the first calendar year in which the sponsor of an airport has 
        more than .25 percent of the total number of boardings in the 
        United States, the sum of the amount that would be apportioned 
        under this section after application of paragraph (1) in a 
        fiscal year to such sponsor and the projected revenues to be 
        derived from the fee in such fiscal year shall not be less than 
        the sum of the apportionment to such airport for the preceding 
        fiscal year and the revenues derived from such fee in the 
        preceding fiscal year.
            ``(B) Effective period.--Subparagraph (A) shall be in 
        effect for fiscal years 2000 through 2003.''; and
        (4) by aligning paragraph (1) of such section (as designated by 
    paragraph (1) of this section) with paragraph (2) of such section 
    (as added by paragraph (3) of this section).

SEC. 106. FUNDING FOR AVIATION PROGRAMS.

    (a) Authorization of Appropriations.--
        (1) Airport and airway trust fund guarantee.--
            (A) In general.--The total budget resources made available 
        from the Airport and Airway Trust Fund each fiscal year through 
        fiscal year 2003 pursuant to sections 48101, 48102, 48103, and 
        106(k) of title 49, United States Code, shall be equal to the 
        level of receipts plus interest credited to the Airport and 
        Airway Trust Fund for that fiscal year. Such amounts may be 
        used only for aviation investment programs listed in subsection 
        (b).
            (B) Guarantee.--No funds may be appropriated or limited for 
        aviation investment programs listed in subsection (b) unless 
        the amount described in subparagraph (A) has been provided.
        (2) Additional authorizations of appropriations from the 
    general fund.--In any fiscal year through fiscal year 2003, if the 
    amount described in paragraph (1) is appropriated, there is further 
    authorized to be appropriated from the general fund of the Treasury 
    such sums as may be necessary for the Federal Aviation 
    Administration Operations account.
    (b) Definitions.--In this section, the following definitions apply:
        (1) Total budget resources.--The term ``total budget 
    resources'' means the total amount made available from the Airport 
    and Airway Trust Fund for the sum of obligation limitations and 
    budget authority made available for a fiscal year for the following 
    budget accounts that are subject to the obligation limitation on 
    contract authority provided in this Act and for which 
    appropriations are provided pursuant to authorizations contained in 
    this Act:
            (A) 69-8106-0-7-402 (Grants in Aid for Airports).
            (B) 69-8107-0-7-402 (Facilities and Equipment).
            (C) 69-8108-0-7-402 (Research and Development).
            (D) 69-8104-0-7-402 (Trust Fund Share of Operations).
        (2) Level of receipts plus interest.--The term ``level of 
    receipts plus interest'' means the level of excise taxes and 
    interest credited to the Airport and Airway Trust Fund under 
    section 9502 of the Internal Revenue Code of 1986 for a fiscal year 
    as set forth in the President's budget baseline projection as 
    defined in section 257 of the Balanced Budget and Emergency Deficit 
    Control Act of 1985 (Public Law 99-177) (Treasury identification 
    code 20-8103-0-7-402) for that fiscal year submitted pursuant to 
    section 1105 of title 31, United States Code.
    (c) Enforcement of Guarantees.--
        (1) Total airport and airway trust fund funding.--It shall not 
    be in order in the House of Representatives or the Senate to 
    consider any bill, joint resolution, amendment, motion, or 
    conference report that would cause total budget resources in a 
    fiscal year for aviation investment programs described in 
    subsection (b) to be less than the amount required by subsection 
    (a)(1)(A) for such fiscal year.
        (2) Capital priority.--It shall not be in order in the House of 
    Representatives or the Senate to consider any bill, joint 
    resolution, amendment, motion, or conference report that provides 
    an appropriation (or any amendment thereto) for any fiscal year 
    through fiscal year 2003 for Research and Development or Operations 
    if the sum of the obligation limitation for Grants-in-Aid for 
    Airports and the appropriation for Facilities and Equipment for 
    such fiscal year is below the sum of the authorized levels for 
    Grants-in-Aid for Airports and for Facilities and Equipment for 
    such fiscal year.
    (d) Conforming Amendment.--Section 48104 is amended--
        (1) by striking ``Except as provided in this section,'' in 
    subsection (a); and
        (2) by striking subsections (b) and (c).

SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.

    (a) In General.--Chapter 481 is amended by adding at the end the 
following:

``Sec. 48112. Adjustment to AIP program funding

    ``On the effective date of a general appropriations Act providing 
appropriations for a fiscal year beginning after September 30, 2000, 
for the Federal Aviation Administration, the amount made available for 
a fiscal year under section 48103 shall be increased by the amount, if 
any, by which--
        ``(1) the amount authorized to be appropriated under section 
    48101 for such fiscal year; exceeds
        ``(2) the amounts appropriated for programs funded under such 
    section for such fiscal year.
Any contract authority made available by this section shall be subject 
to an obligation limitation.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:
``48112. Adjustment to AIP program funding.''.

SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.

    (a) In General.--Chapter 481 is further amended by adding at the 
end the following:

``Sec. 48113. Reprogramming notification requirement

    ``Before reprogramming any amounts appropriated under section 
106(k), 48101(a), or 48103, for which notification of the Committees on 
Appropriations of the Senate and the House of Representatives is 
required, the Secretary of Transportation shall transmit a written 
explanation of the proposed reprogramming to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.''.
    (b) Conforming Amendment.--The analysis for chapter 481 is amended 
by adding at the end the following:
``48113. Reprogramming notification requirement.''.

                    Subtitle B--Airport Development

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

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

SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE LIGHTING 
              EXTENSIONS.

    Section 47102(3)(B) is amended--
        (1) by striking ``and'' at the end of clause (v);
        (2) by striking the period at the end of clause (vi) and 
    inserting a semicolon; and
        (3) by adding at the end the following:
                ``(vii) windshear detection equipment that is certified 
            by the Administrator of the Federal Aviation 
            Administration;
                ``(viii) stainless steel adjustable lighting extensions 
            approved by the Administrator; and''.

SEC. 123. PAVEMENT MAINTENANCE.

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

SEC. 124. ENHANCED VISION TECHNOLOGIES.

    (a) Study.--The Administrator shall enter into a cooperative 
research and development agreement to study the benefits of utilizing 
enhanced vision technologies to replace, enhance, or add to 
conventional airport approach and runway lighting systems.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress a 
progress report on the work accomplished under the cooperative 
agreements detailing the evaluations performed to determine the 
potential of enhanced vision technology to meet the operational 
requirements of the intended application.
    (c) Certification.--Not later than 180 days after the conclusion of 
work under the research agreements, the Administrator shall transmit to 
Congress a report on the potential of enhanced vision technology to 
satisfy the operational requirements of the Federal Aviation 
Administration and a schedule for the development of performance 
standards for certification appropriate to the application of the 
enhanced vision technologies. If the Administrator certifies an 
enhanced vision technology as meeting such performance standards, the 
technology shall be treated as a navigation aid or other aid for 
purposes of section 47102(3)(B)(i) of title 49, United States Code.

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

    (a) Waiver of Grant Assurance.--Section 47107(h) is amended to read 
as follows:
    ``(h) Modifying Assurances and Requiring Compliance With Additional 
Assurances.--
        ``(1) In general.--Subject to paragraph (2), before modifying 
    an assurance required of a person receiving a grant under this 
    subchapter and in effect after December 29, 1987, or to require 
    compliance with an additional assurance from the person, the 
    Secretary of Transportation must--
            ``(A) publish notice of the proposed modification in the 
        Federal Register; and
            ``(B) provide an opportunity for comment on the proposal.
        ``(2) Public notice before waiver of aeronautical land-use 
    assurance.--Before modifying an assurance under subsection 
    (c)(2)(B) that requires any property to be used for an aeronautical 
    purpose, the Secretary must provide notice to the public not less 
    than 30 days before making such modification.''.
    (b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is 
amended by adding at the end the following: ``Before waiving a 
condition that property be used for an aeronautical purpose under the 
preceding sentence, the Secretary must provide notice to the public not 
less than 30 days before waiving such condition.''.
    (c) Surplus Property.--Section 47151 is amended by adding at the 
end the following:
    ``(d) Waiver of Condition.--Before the Secretary may waive any 
condition imposed on an interest in surplus property conveyed under 
subsection (a) that such interest be used for an aeronautical purpose, 
the Secretary must provide notice to the public not less than 30 days 
before waiving such condition.''.
    (d) Waiver of Certain Term.--Section 47153 is amended by adding at 
the end the following:
    ``(c) Public Notice Before Waiver.--Notwithstanding subsections (a) 
and (b), before the Secretary may waive any term imposed under this 
section that an interest in land be used for an aeronautical purpose, 
the Secretary must provide notice to the public not less than 30 days 
before waiving such term.''.
    (e) Limitation.--Nothing in any amendment made by this section 
shall be construed to authorize the Secretary to issue a waiver or make 
a modification referred to in such amendment.

SEC. 126. MATCHING SHARE.

    Section 47109(a) is amended--
        (1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
    and (4), respectively; and
        (2) by inserting after paragraph (1) the following:
        ``(2) not more than 90 percent for a project funded by a grant 
    issued to and administered by a State under section 47128, relating 
    to the State block grant program;''.

SEC. 127. LETTERS OF INTENT.

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

SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

    (a) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--Section 47116 is amended by adding at the end the 
following:
    ``(e) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--In the first fiscal year beginning after the effective 
date of regulations issued to carry out section 44706(b) with respect 
to airports described in section 44706(a)(2), and in each of the next 4 
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts 
that would otherwise be distributed to sponsors of airports under 
subsection (b)(2) shall be used to assist the airports in meeting the 
terms established by the regulations. If the Secretary publishes in the 
Federal Register a finding that all the terms established by the 
regulations have been met, this subsection shall cease to be effective 
as of the date of such publication.''.
    (b) Notification of Source of Grant.--Section 47116 is further 
amended by adding at the end the following:
    ``(f) Notification of Source of Grant.--Whenever the Secretary 
makes a grant under this section, the Secretary shall notify 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(g) of this Act) is 
amended to read as follows:
    ``(f) Discretionary Use of Apportionments.--
        ``(1) In general.--Subject to paragraph (2), if the Secretary 
    finds that all or part of an amount of an apportionment under 
    section 47114 is not required during a fiscal year to fund a grant 
    for which the apportionment may be used, the Secretary may use 
    during such fiscal year the amount not so required to make grants 
    for any purpose for which grants may be made under section 48103. 
    The finding may be based on the notifications that the Secretary 
    receives under section 47105(f) or on other information received 
    from airport sponsors.
        ``(2) Restoration of apportionments.--
            ``(A) In general.--If the fiscal year for which a finding 
        is made under paragraph (1) with respect to an apportionment is 
        not the last fiscal year of availability of the apportionment 
        under subsection (b), the Secretary shall restore to the 
        apportionment an amount equal to the amount of the 
        apportionment used under paragraph (1) for a discretionary 
        grant whenever a sufficient amount is made available under 
        section 48103.
            ``(B) Period of availability.--If restoration under this 
        paragraph is made in the fiscal year for which the finding is 
        made or the succeeding fiscal year, the amount restored shall 
        be subject to the original period of availability of the 
        apportionment under subsection (b). If the restoration is made 
        thereafter, the amount restored shall remain available in 
        accordance with subsection (b) for the original period of 
        availability of the apportionment plus the number of fiscal 
        years during which a sufficient amount was not available for 
        the restoration.
        ``(3) Newly available amounts.--
            ``(A) Restored amounts to be unavailable for discretionary 
        grants.--Of an amount newly available under section 48103 of 
        this title, an amount equal to the amounts restored under 
        paragraph (2) shall not be available for discretionary grant 
        obligations under section 47115.
            ``(B) Use of remaining amounts.--Subparagraph (A) does not 
        impair the Secretary's authority under paragraph (1), after a 
        restoration under paragraph (2), to apply all or part of a 
        restored amount that is not required to fund a grant under an 
        apportionment to fund discretionary grants.
        ``(4) Limitations on obligations apply.--Nothing in this 
    subsection shall be construed to authorize the Secretary to incur 
    grant obligations under section 47104 for a fiscal year in an 
    amount greater than the amount made available under section 48103 
    for such obligations for such fiscal year.''.

SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    (a) In General.--Section 47118 is amended--
        (1) in subsection (a)--
            (A) by striking ``12'' and inserting ``15''; and
            (B) by striking paragraph (2) and inserting the following:
    ``(2) the airport is a military installation with both military and 
    civil aircraft operations.'';
        (2) by striking subsection (c) and inserting the following:
    ``(c) Considerations.--In carrying out this section, the Secretary 
shall consider only current or former military airports for designation 
under this section if a grant under section 47117(e)(1)(B) would--
        ``(1) reduce delays at an airport with more than 20,000 hours 
    of annual delays in commercial passenger aircraft takeoffs and 
    landings; or
        ``(2) enhance airport and air traffic control system capacity 
    in a metropolitan area or reduce current and projected flight 
    delays.'';
        (3) in subsection (d)--
            (A) by striking ``47117(e)(1)(E)'' and inserting 
        ``47117(e)(1)(B)'';
            (B) by striking ``5-fiscal-year periods'' and inserting 
        ``periods, each not to exceed 5 fiscal years,''; and
            (C) by striking ``each such subsequent 5-fiscal-year 
        period'' and inserting ``each such subsequent period''; and
        (4) by adding at the end the following:
    ``(g) Designation of General Aviation Airport.--Notwithstanding any 
other provision of this section, one of the airports bearing a 
designation under subsection (a) may be a general aviation airport that 
was a former military installation closed or realigned under a section 
referred to in subsection (a)(1).''.
    (b) Terminal Building Facilities.--Section 47118(e) is amended by 
striking ``$5,000,000'' and inserting ``$7,000,000''.
    (c) Eligibility of Air Cargo Terminals.--Section 47118(f) is 
amended--
        (1) in subsection heading by striking ``and Hangars'' and 
    inserting ``Hangars, and Air Cargo Terminals'';
        (2) by striking ``$4,000,000'' and inserting ``$7,000,000''; 
    and
        (3) by inserting after ``hangars'' the following: ``and air 
    cargo terminals of an area that is 50,000 square feet or less''.

SEC. 131. CONTRACT TOWER COST-SHARING.

    Section 47124(b) is amended by adding at the end the following:
        ``(3) Contract air traffic control tower pilot program.--
            ``(A) In general.--The Secretary shall establish a pilot 
        program to contract for air traffic control services at Level I 
        air traffic control towers, as defined by the Secretary, that 
        do not qualify for the contract tower program established under 
        subsection (a) and continued under paragraph (1) (in this 
        paragraph referred to as the `Contract Tower Program').
            ``(B) Program components.--In carrying out the pilot 
        program, the Secretary shall--
                ``(i) utilize for purposes of cost-benefit analyses, 
            current, actual, site-specific data, forecast estimates, or 
            airport master plan data provided by a facility owner or 
            operator and verified by the Secretary; and
                ``(ii) approve for participation only facilities 
            willing to fund a pro rata share of the operating costs of 
            the air traffic control tower to achieve a 1-to-1 benefit-
            to-cost ratio using actual site-specific contract tower 
            operating costs in any case in which there is an operating 
            air traffic control tower, as required for eligibility 
            under the Contract Tower Program.
            ``(C) Priority.--In selecting facilities to participate in 
        the pilot program, the Secretary shall give priority to the 
        following facilities:
                ``(i) Air traffic control towers that are participating 
            in the Contract Tower Program but have been notified that 
            they will be terminated from such program because the 
            Secretary has determined that the benefit-to-cost ratio for 
            their continuation in such program is less than 1.0.
                ``(ii) Air traffic control towers that the Secretary 
            determines have a benefit-to-cost ratio of at least .50.
                ``(iii) Air traffic control towers of the Federal 
            Aviation Administration that are closed as a result of the 
            air traffic controllers strike in 1981.
                ``(iv) Air traffic control towers located at airports 
            or points at which an air carrier is receiving compensation 
            under the essential air service program under this chapter.
                ``(v) Air traffic control towers located at airports 
            that are prepared to assume partial responsibility for 
            maintenance costs.
                ``(vi) Air traffic control towers located at airports 
            with safety or operational problems related to topography, 
            weather, runway configuration, or mix of aircraft.
                ``(vii) Air traffic control towers located at an 
            airport at which the community has been operating the tower 
            at its own expense.
            ``(D) Costs exceeding benefits.--If the costs of operating 
        an air traffic tower under the pilot program exceed the 
        benefits, the airport sponsor or State or local government 
        having jurisdiction over the airport shall pay the portion of 
        the costs that exceed such benefit.
            ``(E) Funding.--Subject to paragraph (4)(D), of the amounts 
        appropriated pursuant to section 106(k), not more than 
        $6,000,000 per fiscal year may be used to carry out this 
        paragraph.
        ``(4) Construction of air traffic control towers.--
            ``(A) In general.--Notwithstanding any other provision of 
        this subchapter, the Secretary may provide grants under this 
        subchapter to not more than two airport sponsors for the 
        construction of a low-level activity visual flight rule (level 
        1) air traffic control tower, as defined by the Secretary.
            ``(B) Eligibility.--A sponsor shall be eligible for a grant 
        under this paragraph if--
                ``(i) the sponsor would otherwise be eligible to 
            participate in the pilot program established under 
            paragraph (3) except for the lack of the air traffic 
            control tower proposed to be constructed under this 
            subsection; and
                ``(ii) the sponsor agrees to fund not less than 25 
            percent of the costs of construction of the air traffic 
            control tower.
            ``(C) Project costs.--Grants under this paragraph shall be 
        paid only from amounts apportioned to the sponsor under section 
        47114(c)(1).
            ``(D) Federal share.--The Federal share of the cost of 
        construction of an air traffic control tower under this 
        paragraph may not exceed $1,100,000.''.

SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) In General.--Subchapter I of chapter 471 is amended by adding 
at the end the following:

``Sec. 47135. Innovative financing techniques

    ``(a) In General.--The Secretary of Transportation may approve 
applications for not more than 20 airport development projects for 
which grants received under this subchapter may be used for innovative 
financing techniques. Such projects shall be located at airports that 
each year have less than .25 percent of the total number of passenger 
boardings each year at all commercial service airports in the most 
recent calendar year for which data is available.
    ``(b) Purpose.--The purpose of grants made under this section shall 
be to provide information on the benefits and difficulties of using 
innovative financing techniques for airport development projects.
    ``(c) Limitations.--
        ``(1) No guarantees.--In no case shall the implementation of an 
    innovative financing technique under this section be used in a 
    manner giving rise to a direct or indirect guarantee of any airport 
    debt instrument by the United States Government.
        ``(2) Types of techniques.--In this section, innovative 
    financing techniques are limited to--
            ``(A) payment of interest;
            ``(B) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development;
            ``(C) flexible non-Federal matching requirements; and
            ``(D) use of funds apportioned under section 47114 for the 
        payment of principal and interest of terminal development for 
        costs incurred before the date of the enactment of this 
        section.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.

SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding at the end the following:

``Sec. 47136. Inherently low-emission airport vehicle pilot program

    ``(a) In General.--The Secretary of Transportation shall carry out 
a pilot program at not more than 10 public-use airports under which the 
sponsors of such airports may use funds made available under section 
48103 for use at such airports to carry out inherently low-emission 
vehicle activities. Notwithstanding any other provision of this 
subchapter, inherently low-emission vehicle activities shall for 
purposes of the pilot program be treated as eligible for assistance 
under this subchapter.
    ``(b) Location in Air Quality Nonattainment Areas.--
        ``(1) In general.--A public-use airport shall be eligible for 
    participation in the pilot program only if the airport is located 
    in an air quality nonattainment area (as defined in section 171(2) 
    of the Clean Air Act (42 U.S.C. 7501(2)).
        ``(2) Shortage of candidates.--If the Secretary receives an 
    insufficient number of applications from public-use airports 
    located in such areas, then the Secretary may consider applications 
    from public-use airports that are not located in such areas.
    ``(c) Selection Criteria.--In selecting from among applicants for 
participation in the pilot program, the Secretary shall give priority 
consideration to applicants that will achieve the greatest air quality 
benefits measured by the amount of emissions reduced per dollar of 
funds expended under the pilot program.
    ``(d) United States Government's Share.--Notwithstanding any other 
provision of this subchapter, the United States Government's share of 
the costs of a project carried out under the pilot program shall be 50 
percent.
    ``(e) Maximum Amount.--Not more than $2,000,000 may be expended 
under the pilot program at any single public-use airport.
    ``(f) Technical Assistance.--
        ``(1) In general.--The sponsor of a public-use airport carrying 
    out inherently low-emission vehicle activities under the pilot 
    program may use not more than 10 percent of the amounts made 
    available for expenditure at the airport in a fiscal year under the 
    pilot program to receive technical assistance in carrying out such 
    activities.
        ``(2) Eligible consortium.--To the maximum extent practicable, 
    participants in the pilot program shall use an eligible consortium 
    (as defined in section 5506 of this title) in the region of the 
    airport to receive technical assistance described in paragraph (1).
    ``(g) Materials Identifying Best Practices.--The Administrator may 
develop and make available materials identifying best practices for 
carrying out low-emission vehicle activities based on the projects 
carried out under the pilot program and other sources.
    ``(h) Report to Congress.--Not later than 18 months after the date 
of the enactment of this section, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing--
        ``(1) an evaluation of the effectiveness of the pilot program;
        ``(2) an identification of other public-use airports that 
    expressed an interest in participating in the pilot program; and
        ``(3) a description of the mechanisms used by the Secretary to 
    ensure that the information and know-how gained by participants in 
    the pilot program is transferred among the participants and to 
    other interested parties, including other public-use airports.
    ``(i) Inherently Low-Emission Vehicle Activity Defined.--In this 
section, the term `inherently low-emission vehicle activity' means--
        ``(1) the construction of infrastructure or modifications at 
    public-use airports to enable the delivery of fuel and services 
    necessary for the use of vehicles that are certified as inherently 
    low-emission vehicles under title 40 of the Code of Federal 
    Regulations and that--
            ``(A) operate exclusively on compressed natural gas, 
        liquefied natural gas, liquefied petroleum gas, electricity, 
        hydrogen, or a blend at least 85 percent of which is methanol;
            ``(B) are labeled in accordance with section 88.312-93(c) 
        of such title; and
            ``(C) are located or primarily used at public-use airports;
        ``(2) the construction of infrastructure or modifications at 
    public-use airports to enable the delivery of fuel and services 
    necessary for the use of nonroad vehicles that--
            ``(A) operate exclusively on compressed natural gas, 
        liquefied natural gas, liquefied petroleum gas, electricity, 
        hydrogen, or a blend at least 85 percent of which is methanol;
            ``(B) meet or exceed the standards set forth in section 
        86.1708-99 of such title or the standards set forth in section 
        89.112(a) of such title, and are in compliance with the 
        requirements of section 89.112(b) of such title; and
            ``(C) are located or primarily used at public-use airports;
        ``(3) the payment of that portion of the cost of acquiring 
    vehicles described in this subsection that exceeds the cost of 
    acquiring other vehicles or engines that would be used for the same 
    purpose; or
        ``(4) the acquisition of technological capital equipment to 
    enable the delivery of fuel and services necessary for the use of 
    vehicles described in paragraph (1).''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is further amended by adding at the end the following:
``47136. Inherently low-emission airport vehicle pilot program.''.

SEC. 134. AIRPORT SECURITY PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding at the end the following:

``Sec. 47137. Airport security program

    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out not 
less than 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 and 
    aircraft physical security, access control, and passenger and 
    baggage screening; and
        ``(2) provides testing and evaluation of airport security 
    systems and technology in an operational, testbed environment.
    ``(c) Matching Share.--Notwithstanding section 47109, the United 
States Government's share of allowable project costs for a project 
under this section shall be 100 percent.
    ``(d) Terms and Conditions.--The Secretary may establish such terms 
and conditions as the Secretary determines appropriate for carrying out 
a project under this section, including terms and conditions relating 
to the form and content of a proposal for a project, project 
assurances, and schedule of payments.
    ``(e) Eligible Sponsor Defined.--In this section, the term 
`eligible sponsor' means a nonprofit corporation composed of a 
consortium of public and private persons, including a sponsor of a 
primary airport, with the necessary engineering and technical expertise 
to successfully conduct the testing and evaluation of airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available not less than $5,000,000 for the purpose 
of carrying out this section.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
471 is further amended by adding at the end the following:
``47137. Airport security program.''.

SEC. 135. TECHNICAL AMENDMENTS.

    (a) Passenger Facility Fee Waiver for Certain Class of Carriers.--
Section 40117(e)(2) is amended--
        (1) in subparagraph (B) by striking ``and'' at the end; and
        (2) by adding at the end the following:
        ``(D) on flights, including flight segments, between 2 or more 
    points in Hawaii; and
        ``(E) in Alaska aboard an aircraft having a seating capacity of 
    less than 60 passengers.''.
    (b) Passenger Facility Fee Waiver for Certain Class of Carriers or 
for Service to Airports in Isolated Communities.--Section 40117 is 
amended--
        (1) in subsection (i)(1) by striking ``and'' at the end;
        (2) in subsection (i)(2)(D) by striking the period at the end 
    and inserting ``; and'';
        (3) by adding at the end of subsection (i) the following:
        ``(3) may permit an eligible agency to request that collection 
    of a passenger facility fee be waived for--
            ``(A) passengers enplaned by any class of air carrier or 
        foreign air carrier if the number of passengers enplaned by the 
        carriers in the class constitutes not more than one percent of 
        the total number of passengers enplaned annually at the airport 
        at which the fee is imposed; or
            ``(B) passengers enplaned on a flight to an airport--
                ``(i) that has fewer than 2,500 passenger boardings 
            each year and receives scheduled passenger service; or
                ``(ii) in a community which has a population of less 
            than 10,000 and is not connected by a land highway or 
            vehicular way to the land-connected National Highway System 
            within a State.''; and
        (4) by adding at the end the following:
    ``(j) Limitation on Certain Actions.--A State, political 
subdivision of a State, or authority of a State or political 
subdivision that is not the eligible agency may not tax, regulate, or 
prohibit or otherwise attempt to control in any manner, the imposition 
or collection of a passenger facility fee or the use of the revenue 
from the passenger facility fee.''.
    (c) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
    ``(e) Change in Airport Status.--
        ``(1) Changes to nonprimary airport status.--If the status of a 
    primary airport changes to a nonprimary airport at a time when a 
    development project under a multiyear agreement under subsection 
    (a) is not yet completed, the project shall remain eligible for 
    funding from discretionary funds under section 47115 at the funding 
    level and under the terms provided by the agreement, subject to the 
    availability of funds.
        ``(2) Changes to noncommercial service airport status.--If the 
    status of a commercial service airport changes to a noncommercial 
    service airport at a time when a terminal development project under 
    a phased-funding arrangement is not yet completed, the project 
    shall remain eligible for funding from discretionary funds under 
    section 47115 at the funding level and under the terms provided by 
    the arrangement subject to the availability of funds.''.
    (d) References to Gifts.--Chapter 471 is amended--
        (1) in section 47151--
            (A) in subsection (a)--
                (i) in the matter preceding paragraph (1) by striking 
            ``give'' and inserting ``convey to''; and
                (ii) in paragraph (2) by striking ``gift'' and 
            inserting ``conveyance'';
            (B) in subsection (b)--
                (i) by striking ``giving'' and inserting ``conveying''; 
            and
                (ii) by striking ``gift'' and inserting ``conveyance''; 
            and
            (C) in subsection (c)--
                (i) in the subsection heading by striking ``Given'' and 
            inserting ``Conveyed''; and
                (ii) by striking ``given'' and inserting ``conveyed'';
        (2) in section 47152--
            (A) in the section heading by striking ``gifts'' and 
        inserting ``conveyances''; and
            (B) in the matter preceding paragraph (1) by striking 
        ``gift'' and inserting ``conveyance'';
        (3) in section 47153(a)(1)--
            (A) by striking ``gift'' each place it appears and 
        inserting ``conveyance''; and
            (B) by striking ``given'' and inserting ``conveyed''; and
        (4) in the analysis for such chapter by striking the item 
    relating to section 47152 and inserting the following:
``47152. Terms of conveyances.''.

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

    Section 47151 (as amended by section 125(c) of this Act) is further 
amended by adding at the end the following:
    ``(e) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality of the 
executive branch of the United States Government, such a department, 
agency, or instrumentality shall give priority consideration to a 
request made by a public agency (as defined in section 47102) for 
surplus property described in subsection (a) (other than real property 
that is subject to section 2687 of title 10, section 201 of the Defense 
Authorization Amendments and Base Closure and Realignment Act (10 
U.S.C. 2687 note), or section 2905 of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note)) for use at a public 
airport.''.

SEC. 137. INTERMODAL CONNECTIONS.

    (a) Airport Improvement Policy.--Section 47101(a)(5) is amended to 
read as follows:
        ``(5) to encourage the development of intermodal connections on 
    airport property between aeronautical and other transportation 
    modes and systems to serve air transportation passengers and cargo 
    efficiently and effectively and promote economic development;''.
    (b) Airport Development Defined.--Section 47102(3) (as amended by 
section 123(b)) is further amended by adding at the end the following:
            ``(I) constructing, reconstructing, or improving an 
        airport, or purchasing nonrevenue generating capital equipment 
        to be owned by an airport, for the purpose of transferring 
        passengers, cargo, or baggage between the aeronautical and 
        ground transportation modes on airport property.''.

SEC. 138. STATE BLOCK GRANT PROGRAM.

    Section 47128(a) is amended by striking ``8 qualified States for 
fiscal year 1997 and 9 qualified States for each fiscal year 
thereafter'' and insert ``9 qualified States for fiscal years 2000 and 
2001 and 10 qualified States for each fiscal year thereafter''.

SEC. 139. DESIGN-BUILD CONTRACTING.

    (a) Pilot Program.--The Administrator may establish a pilot program 
under which design-build contracts may be used to carry out up to 7 
projects at airports in the United States with a grant awarded under 
section 47104 of title 49, United States Code. A sponsor of an airport 
may submit an application to the Administrator to carry out a project 
otherwise eligible for assistance under chapter 471 of such title under 
the pilot program.
    (b) Use of Design-Build Contracts.--Under the pilot program, the 
Administrator may approve an application of an airport sponsor under 
this section to authorize the airport sponsor to award a design-build 
contract using a selection process permitted under applicable State or 
local law if--
        (1) the Administrator approves the application using criteria 
    established by the Administrator;
        (2) the design-build contract is in a form that is approved by 
    the Administrator;
        (3) the Administrator is satisfied that the contract will be 
    executed pursuant to competitive procedures and contains a 
    schematic design adequate for the Administrator to approve the 
    grant;
        (4) use of a design-build contract will be cost effective and 
    expedite the project;
        (5) the Administrator is satisfied that there will be no 
    conflict of interest; and
        (6) the Administrator is satisfied that the selection process 
    will be as open, fair, and objective as the competitive bid system 
    and that at least three or more bids will be submitted for each 
    project under the selection process.
    (c) Reimbursement of Costs.--The Administrator may reimburse an 
airport sponsor for design and construction costs incurred before a 
grant is made pursuant to this section if the project is approved by 
the Administrator in advance and is carried out in accordance with all 
administrative and statutory requirements that would have been 
applicable under chapter 471 of title 49, United States Code, if the 
project were carried out after a grant agreement had been executed.
    (d) Design-Build Contract Defined.--In this section, the term 
``design-build contract'' means an agreement that provides for both 
design and construction of a project by a contractor.
    (e) Expiration of Authority.--The authority of the Administrator to 
carry out the pilot program under this section shall expire on 
September 30, 2003.

                       Subtitle C--Miscellaneous

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

    Section 40117(a) is amended to read as follows:
    ``(a) Definitions.--In this section, the following definitions 
apply:
        ``(1) Airport, commercial service airport, and public agency.--
    The terms `airport', `commercial service airport', and `public 
    agency' have the meaning those terms have under section 47102.
        ``(2) Eligible agency.--The term `eligible agency' means a 
    public agency that controls a commercial service airport.
        ``(3) Eligible airport-related project.--The term `eligible 
    airport-related project' means any of the following projects:
            ``(A) A project for airport development or airport planning 
        under subchapter I of chapter 471.
            ``(B) A project for terminal development described in 
        section 47110(d).
            ``(C) A project for airport noise capability planning under 
        section 47505.
            ``(D) A project to carry out noise compatibility measures 
        eligible for assistance under section 47504, whether or not a 
        program for those measures has been approved under section 
        47504.
            ``(E) A project for constructing gates and related areas at 
        which passengers board or exit aircraft. In the case of a 
        project required to enable additional air service by an air 
        carrier with less than 50 percent of the annual passenger 
        boardings at an airport, the project for constructing gates and 
        related areas may include structural foundations and floor 
        systems, exterior building walls and load-bearing interior 
        columns or walls, windows, door and roof systems, building 
        utilities (including heating, air conditioning, ventilation, 
        plumbing, and electrical service), and aircraft fueling 
        facilities adjacent to the gate.
        ``(4) Passenger facility fee.--The term `passenger facility 
    fee' means a fee imposed under this section.
        ``(5) Passenger facility revenue.--The term `passenger facility 
    revenue' means revenue derived from a passenger facility fee.''.

SEC. 152. TERMINAL DEVELOPMENT COSTS.

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

SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.

    Section 44502(a)(4)(B) is amended--
        (1) by striking ``each of fiscal years 1995 and 1996'' and 
    inserting ``each of fiscal years 2000 through 2002''; and
        (2) by inserting ``under new or existing contracts'' after 
    ``including acquisition''.

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

    Section 47504(c) is amended by adding at the end the following:
        ``(6) Aircraft noise primarily caused by military aircraft.--
    The Secretary may make a grant under this subsection for a project 
    even if the purpose of the project is to mitigate the effect of 
    noise primarily caused by military aircraft at an airport.''.

SEC. 155. COMPETITION PLANS.

    (a) Findings.--The Congress makes the following findings:
        (1) Major airports must be available on a reasonable basis to 
    all air carriers wishing to serve those airports.
        (2) 15 large hub airports today are each dominated by one air 
    carrier, with each such carrier controlling more than 50 percent of 
    the traffic at the hub.
        (3) The General Accounting Office has found that such levels of 
    concentration lead to higher air fares.
        (4) The United States Government must take every step necessary 
    to reduce those levels of concentration.
        (5) Consistent with air safety, spending at these airports must 
    be directed at providing opportunities for carriers wishing to 
    serve such facilities on a commercially viable basis.
    (b) In General.--Section 47106 is amended by adding at the end the 
following:
    ``(f) Competition Plans.--
        ``(1) Prohibition.--Beginning in fiscal year 2001, no passenger 
    facility fee may be approved for a covered airport under section 
    40117 and no grant may be made under this subchapter for a covered 
    airport unless the airport has submitted to the Secretary a written 
    competition plan in accordance with this subsection.
        ``(2) Contents.--A competition plan under this subsection shall 
    include information on the availability of airport gates and 
    related facilities, leasing and sub-leasing arrangements, gate-use 
    requirements, patterns of air service, gate-assignment policy, 
    financial constraints, airport controls over air- and ground-side 
    capacity, whether the airport intends to build or acquire gates 
    that would be used as common facilities, and airfare levels (as 
    compiled by the Department of Transportation) compared to other 
    large airports.
        ``(3) Covered airport defined.--In this subsection, the term 
    `covered airport' means a commercial service airport--
            ``(A) that has more than .25 percent of the total number of 
        passenger boardings each year at all such airports; and
            ``(B) at which one or two air carriers control more than 50 
        percent of the passenger boardings.''.
    (c) Cross Reference.--Section 40117 (as amended by section 135(b) 
of this Act) is further amended by adding at the end the following:
    ``(k) Competition Plans.--
        ``(1) In general.--Beginning in fiscal year 2001, no eligible 
    agency may impose a passenger facility fee under this section with 
    respect to a covered airport (as such term is defined in section 
    47106(f)) unless the agency has submitted to the Secretary a 
    written competition plan in accordance with such section. This 
    subsection does not apply to passenger facility fees in effect 
    before the date of the enactment of this subsection.
        ``(2) Secretary shall ensure implementation and compliance.--
    The Secretary shall review any plan submitted under paragraph (1) 
    to ensure that it meets the requirements of this section, and shall 
    review its implementation from time-to-time to ensure that each 
    covered airport successfully implements its plan.''.
    (d) Availability of Gates and Other Essential Services.--The 
Secretary shall ensure that gates and other facilities are made 
available at costs that are fair and reasonable to air carriers at 
covered airports (as defined in section 47106(f)(4) of title 49, United 
States Code) where a ``majority-in-interest clause'' of a contract or 
other agreement or arrangement inhibits the ability of the local 
airport authority to provide or build new gates or other facilities.

SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.

    (a) Application of FAA Regulations.--Section 40113 is amended by 
adding at the end the following:
    ``(f) Application of Certain Regulations to Alaska.--In amending 
title 14, Code of Federal Regulations, in a manner affecting intrastate 
aviation in Alaska, the Administrator of the Federal Aviation 
Administration shall consider the extent to which Alaska is not served 
by transportation modes other than aviation, and shall establish such 
regulatory distinctions as the Administrator considers appropriate.''.
    (b) Mike-in-Hand Weather Observation.--The Administrator and the 
Assistant Administrator of the National Weather Service, in 
consultation with the National Transportation Safety Board and the 
Governor of the State of Alaska, shall continue efforts to develop and 
implement a ``mike-in-hand'' weather observation program in Alaska 
under which Federal Aviation Administration employees, National Weather 
Service employees, other Federal or State employees sited at an 
airport, or persons contracted specifically for such purpose (including 
part-time contract employees who are not sited at such airport), will 
provide near-real time aviation weather information via radio and 
otherwise to pilots who request such information.

SEC. 157. USE OF RECYCLED MATERIALS.

    (a) Study.--The Administrator shall conduct a study of the use of 
recycled materials (including recycled pavements, waste materials, and 
byproducts) in pavement used for runways, taxiways, and aprons and the 
specification standards in tests necessary for the use of recycled 
materials in such pavement. The primary focus of the study shall be on 
the long-term physical performance, safety implications, and 
environmental benefits of using recycled materials in aviation 
pavement.
    (b) Contracting.--The Administrator may carry out the study by 
entering into a contract with a university of higher education with 
expertise necessary to carry out the study.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study, together with recommendations concerning the 
use of recycled materials in aviation pavement.
    (d) Funding.--Of the amounts appropriated pursuant to section 
106(k) of title 49, United States Code, not to exceed $1,500,000 may be 
used to carry out this section.

SEC. 158. CONSTRUCTION OF RUNWAYS.

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

SEC. 159. NOTICE OF GRANTS.

    (a) Timely Announcement.--The Secretary shall announce a grant to 
be made with funds made available under section 48103 of title 49, 
United States Code, in a timely fashion after receiving necessary 
documentation concerning the grant from the Administrator.
    (b) Notice to Committees.--If the Secretary provides any committee 
of Congress advance notice of a grant to be made with funds made 
available under section 48103 of title 49, United States Code, the 
Secretary shall provide, on the same date, such notice to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate.

SEC. 160. AIRFIELD PAVEMENT CONDITIONS.

    (a) Evaluation of Options.--The Administrator shall evaluate 
options for improving the quality of information available to the 
Federal Aviation Administration on airfield pavement conditions for 
airports that are part of the national air transportation system, 
including--
        (1) improving the existing runway condition information 
    contained in the airport safety data program by reviewing and 
    revising rating criteria and providing increased training for 
    inspectors;
        (2) requiring such airports to submit pavement condition index 
    information as part of their airport master plan or as support in 
    applications for airport improvement grants; and
        (3) requiring all such airports to submit pavement condition 
    index information on a regular basis and using this information to 
    create a pavement condition database that could be used in 
    evaluating the cost-effectiveness of project applications and 
    forecasting anticipated pavement needs.
    (b) Report to Congress.--Not later than 12 months after the date of 
the enactment of this Act, the Administrator shall transmit a report 
containing an evaluation of the options described in subsection (a) to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure.

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

    Not later than 9 months after the date of the enactment of this 
Act, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on efforts by the Federal Aviation Administration to implement 
capacity enhancements and improvements, both technical and procedural, 
such as precision runway monitoring systems, and the timeframe for 
implementation of such enhancements and improvements.

SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.

    Section 47120 is amended--
        (1) by inserting ``(a) In General.--'' before ``In''; and
        (2) by adding at the end the following:
    ``(b) Discretionary Funding To Be Used for Higher 
Priority Projects.--The Administrator of the Federal Aviation 
Administration shall discourage airport sponsors and airports from 
using entitlement funds for lower priority projects by giving lower 
priority to discretionary projects submitted by airport sponsors and 
airports that have used entitlement funds for projects that have a 
lower priority than the projects for which discretionary funds are 
being requested.''.

SEC. 163. CONTINUATION OF REPORTS.

    Section 3003(a)(1) of the Federal Reports Elimination and Sunset 
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required 
to be submitted under any of the following provisions of law:
        (1) Section 44501 of title 49, United States Code.
        (2) Section 47103 of such title.
        (3) Section 47131 of such title.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS
                     Subtitle A--Small Communities

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

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

SEC. 202. WAIVER OF LOCAL CONTRIBUTION.

    Section 41736(b) is amended by inserting after paragraph (4) the 
following:
``Paragraph (4) does not apply to any community approved for service 
under this section during the period beginning October 1, 1991, and 
ending December 31, 1997.''.

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

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end the following:

``Sec. 41743. Airports not receiving sufficient service

    ``(a) Small Community Air Service Development Pilot Program.--The 
Secretary of Transportation shall establish a pilot 
program that meets the requirements of this section for improving air 
carrier service to airports not receiving sufficient air carrier 
service.
    ``(b) Application Required.--In order to participate in the program 
established under subsection (a), a community or consortium of 
communities shall submit an application to the Secretary in such form, 
at such time, and containing such information as the Secretary may 
require, including--
        ``(1) an assessment of the need of the community or consortium 
    for access, or improved access, to the national air transportation 
    system; and
        ``(2) an analysis of the application of the criteria in 
    subsection (c) to that community or consortium.
    ``(c) Criteria for Participation.--In selecting communities, or 
consortia of communities, for participation in the program established 
under subsection (a), the Secretary shall apply the following criteria:
        ``(1) Size.--For calendar year 1997, the airport serving the 
    community or consortium was not larger than a small hub airport (as 
    that term is defined in section 41731(a)(5)), and--
            ``(A) had insufficient air carrier service; or
            ``(B) had unreasonably high air fares.
        ``(2) Characteristics.--The airport presents characteristics, 
    such as geographic diversity or unique circumstances, that will 
    demonstrate the need for, and feasibility of, the program 
    established under subsection (a).
        ``(3) State limit.--No more than four communities or consortia 
    of communities, or a combination thereof, may be located in the 
    same State.
        ``(4) Overall limit.--No more than 40 communities or consortia 
    of communities, or a combination thereof, may be selected to 
    participate in the program.
        ``(5) Priorities.--The Secretary shall give priority to 
    communities or consortia of communities where--
            ``(A) air fares are higher than the average air fares for 
        all communities;
            ``(B) the community or consortium will provide a portion of 
        the cost of the activity to be assisted under the program from 
        local sources other than airport revenues;
            ``(C) the community or consortium has established, or will 
        establish, a public-private partnership to facilitate air 
        carrier service to the public; and
            ``(D) the assistance will provide material benefits to a 
        broad segment of the travelling public, including business, 
        educational institutions, and other enterprises, whose access 
        to the national air transportation system is limited.
    ``(d) Types of Assistance.--The Secretary may use amounts made 
available under this section--
        ``(1) to provide assistance to an air carrier to subsidize 
    service to and from an underserved airport for a period not to 
    exceed 3 years;
        ``(2) to provide assistance to an underserved airport to obtain 
    service to and from the underserved airport; and
        ``(3) to provide assistance to an underserved airport to 
    implement such other measures as the Secretary, in consultation 
    with such airport, considers appropriate to improve air service 
    both in terms of the cost of such service to consumers and the 
    availability of such service, including improving air service 
    through marketing and promotion of air service and enhanced 
    utilization of airport facilities.
    ``(e) Authority To Make Agreements.--
        ``(1) In general.--The Secretary may make agreements to provide 
    assistance under this section.
        ``(2) Authorization of appropriations.--There is authorized to 
    be appropriated to the Secretary $20,000,000 for fiscal year 2001 
    and $27,500,000 for each of fiscal years 2002 and 2003 to carry out 
    this section. Such sums shall remain available until expended.
    ``(f) Additional Action.--Under the pilot program established under 
subsection (a), the Secretary shall work with air carriers providing 
service to participating communities and major air carriers (as defined 
in section 41716(a)(2)) serving large hub airports (as defined in 
section 41731(a)(3)) to facilitate joint-fare arrangements consistent 
with normal industry practice.
    ``(g) Designation of Responsible Official.--The Secretary shall 
designate an employee of the Department of Transportation--
        ``(1) to function as a facilitator between small communities 
    and air carriers;
        ``(2) to carry out this section;
        ``(3) to ensure that the Bureau of Transportation Statistics 
    collects data on passenger information to assess the service needs 
    of small communities;
        ``(4) to work with and coordinate efforts with other Federal, 
    State, and local agencies to increase the viability of service to 
    small communities and the creation of aviation development zones; 
    and
        ``(5) to provide policy recommendations to the Secretary and 
    Congress that will ensure that small communities have access to 
    quality, affordable air transportation services.
    ``(h) Air Service Development Zone.--The Secretary shall designate 
an airport in the program as an Air Service Development Zone and work 
with the community or consortium on means to attract business to the 
area surrounding the airport, to develop land use options for the area, 
and provide data, working with the Department of Commerce and other 
agencies.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 417 is amended by adding at the end the following:
``41743. Airports not receiving sufficient service.''.

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

    (a) In General.--Subchapter II of chapter 417 (as amended by 
section 203 of this Act) is further amended by adding at the end the 
following:

``Sec. 41744. Preservation of basic essential air service at single 
            carrier dominated hub airports

    ``(a) In General.--If the Secretary of Transportation determines 
that extraordinary circumstances jeopardize the reliable performance of 
essential air service under this subchapter from a subsidized essential 
air service community to and from an essential airport facility, the 
Secretary may require an air carrier that has more than 60 percent of 
the total annual enplanements at the essential airport facility to take 
action to enable another air carrier to provide reliable essential air 
service to that community. Actions required by the Secretary under this 
subsection may include interline agreements, ground services, 
subleasing of gates, and the provision of any other service or facility 
necessary for the performance of satisfactory essential air service to 
that community.
    ``(b) Essential Airport Facility Defined.--In this section, the 
term `essential airport facility' means a large hub airport (as defined 
in section 41731) in the contiguous 48 States at which one air carrier 
has more than 60 percent of the total annual enplanements at that 
airport.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 417 is further amended by adding at the end the following:
``41744. Preservation of basic essential air service at single carrier 
          dominated hub airports.''.

SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

    The Secretary may provide assistance under subchapter II of chapter 
417 of title 49, United States Code, with respect to a place that is 
located within 70 highway miles of a hub airport (as defined by section 
41731 of such title) if the most commonly used highway route between 
the place and the hub airport exceeds 70 miles.

SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.

    (a) In General.--The Secretary shall conduct an analysis of the 
difficulties faced by many smaller communities in retaining essential 
air service and shall develop a plan to facilitate the retention of 
such service.
    (b) Examination of North Dakota Communities.--In conducting the 
analysis and developing the plan under subsection (a), the Secretary 
shall pay particular attention to communities located in North Dakota.
    (c) Report.--Not later than 60 days after the date of the enactment 
of this section, the Secretary shall transmit to Congress a report 
containing the analysis and plan described in subsection (a).

SEC. 207. MARKETING PRACTICES.

    (a) Review of Marketing Practices That Adversely Affect Service to 
Small or Medium Communities.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall review the marketing 
practices of air carriers that may inhibit the availability of quality, 
affordable air transportation services to small- and medium-sized 
communities, including--
        (1) marketing arrangements between airlines and travel agents;
        (2) code-sharing partnerships;
        (3) computer reservation system displays;
        (4) gate arrangements at airports;
        (5) exclusive dealing arrangements; and
        (6) any other marketing practice that may have the same effect.
    (b) Regulations.--If the Secretary finds, after conducting the 
review, that marketing practices inhibit the availability of affordable 
air transportation services to small- and medium-sized communities, 
then, after public notice and an opportunity for comment, the Secretary 
may issue regulations that address the problem or take other 
appropriate action.
    (c) Statutory Construction.--Nothing in this section expands the 
authority or jurisdiction of the Secretary to issue regulations under 
chapter 417 of title 49, United States Code, or under any other law.

SEC. 208. DEFINITION OF ELIGIBLE PLACE.

    Section 41731(a)(1) is amended--
        (1) by inserting ``(i)'' after ``(A)'';
        (2) by striking ``(B)'' and inserting ``(ii)'';
        (3) by striking ``(C)'' and inserting ``(iii)'';
        (4) by striking ``subchapter.'' and inserting ``subchapter; 
    or''; and
        (5) by adding at the end the following:
            ``(B) determined, on or after October 1, 1988, and before 
        the date of the enactment of the Wendell H. Ford Aviation 
        Investment and Reform Act for the 21st Century, under this 
        subchapter by the Secretary to be eligible to receive 
        subsidized small community air service under section 
        41736(a).''.

SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR SERVICE 
              PROGRAM.

    (a) Authorization of Appropriation.--Section 41742(a) is amended--
        (1) by striking ``Out of'' and inserting the following:
        ``(1) Authorization.--Out of'';
        (2) by adding at the end the following:
        ``(2) Additional funds.--In addition to amounts authorized 
    under paragraph (1), there is authorized to be appropriated 
    $15,000,000 for each fiscal year to carry out the essential air 
    service program under this subchapter.''; and
        (3) by aligning paragraph (1) (as designated by paragraph (1) 
    of this subsection) with paragraph (2) (as added by paragraph (2) 
    of this subsection).
    (b) Limitation on Adjustments to Levels of Service.--Section 
41733(e) is amended by striking the period at the end and inserting ``, 
to the extent such adjustments are to a level not less than the basic 
essential air service level established under subsection (a) for the 
airport that serves the community.''.
    (c) Effect on Certain Orders.--All orders issued by the Secretary 
after September 30, 1999, and before the date of the enactment of this 
Act establishing, modifying, or revoking essential air service levels 
shall be null and void beginning on the 90th day following such date of 
enactment. During the 90-day period, the Secretary shall reconsider 
such orders and shall issue new orders consistent with the amendments 
made by this section.

SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.

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

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``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 and section 41766, the 
Secretary of Transportation may enter into agreements with one or more 
obligors to make available Federal credit instruments, the proceeds of 
which shall be used to finance aircraft purchases.
    ``(b) Secured Loans.--
        ``(1) Terms and limitations.--
            ``(A) In general.--A secured loan under this section with 
        respect to an aircraft purchase shall be on such terms and 
        conditions and contain such covenants, representatives, 
        warranties, and requirements (including requirements for 
        audits) as the Secretary determines appropriate.
            ``(B) Maximum amount.--No secured loan may be made under 
        this section--
                ``(i) that extends to more than 50 percent of the 
            purchase price (including the value of any manufacturer 
            credits, post-purchase options, or other discounts) of the 
            aircraft, including spare parts, to be purchased; or
                ``(ii) that, when added to the remaining balance on any 
            other Federal credit instruments made under this 
            subchapter, provides more than $100,000,000 of outstanding 
            credit to any single obligor.
            ``(C) Final payment date.--The final payment on the secured 
        loan shall not be due later than 18 years after the date of 
        execution of the loan agreement.
            ``(D) Subordination.--The secured loan may be subordinate 
        to claims of other holders of obligations in the event of 
        bankruptcy, insolvency, or liquidation of the obligor as 
        determined appropriate by the Secretary.
            ``(E) Fees.--The Secretary, subject to appropriations, may 
        establish fees at a level sufficient to cover all or a portion 
        of the administrative costs to the United States Government of 
        making a secured loan under this section. The proceeds of such 
        fees shall be deposited in an account to be used by the 
        Secretary for the purpose of administering the program 
        established under this subchapter and shall be available upon 
        deposit until expended.
        ``(2) Repayment.--
            ``(A) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan under this section based on the 
        projected cash flow from aircraft revenues and other repayment 
        sources.
            ``(B) Commencement.--Scheduled loan repayments of principal 
        and interest on a secured loan under this section shall 
        commence no later than 3 years after the date of execution of 
        the loan agreement.
        ``(3) Prepayment.--
            ``(A) Use of excess revenue.--After satisfying scheduled 
        debt service requirements on all financial obligations and 
        secured loans and all deposit requirements under the terms of 
        any trust agreement, bond resolution, or similar agreement 
        securing financial obligations, the secured loan may be prepaid 
        at anytime without penalty.
            ``(B) Use of proceeds of refinancing.--The secured loan may 
        be prepaid at any time without penalty from proceeds of 
        refinancing from non-Federal funding sources.
    ``(c) Loan Guarantees.--
        ``(1) In general.--A loan guarantee under this section with 
    respect to a loan made for an aircraft purchase shall be made in 
    such form and on such terms and conditions and contain such 
    covenants, representatives, warranties, and requirements (including 
    requirements for audits) as the Secretary determines appropriate.
        ``(2) Maximum amount.--No loan guarantee shall be made under 
    this section--
            ``(A) that extends to more than the unpaid interest and 50 
        percent of the unpaid principal on any loan;
            ``(B) that, for any loan or combination of loans, extends 
        to more than 50 percent of the purchase price (including the 
        value of any manufacturer credits, post-purchase options, or 
        other discounts) of the aircraft, including spare parts, to be 
        purchased with the loan or loan combination;
            ``(C) on any loan with respect to which terms permit 
        repayment more than 15 years after the date of execution of the 
        loan; or
            ``(D) that, when added to the remaining balance on any 
        other Federal credit instruments made under this subchapter, 
        provides more than $100,000,000 of outstanding credit to any 
        single obligor.
        ``(3) Fees.--The Secretary, subject to appropriations, may 
    establish fees at a level sufficient to cover all or a portion of 
    the administrative costs to the United States Government of making 
    a loan guarantee under this section. The proceeds of such fees 
    shall be deposited in an account to be used by the Secretary for 
    the purpose of administering the program established under this 
    subchapter and shall be available upon deposit until expended.
    ``(d) Lines of Credit.--
        ``(1) In general.--Subject to the requirements of this 
    subsection, the Secretary may enter into agreements to make 
    available lines of credit to one or more obligors in the form of 
    direct loans to be made by the Secretary at future dates on the 
    occurrence of certain events for any aircraft purchase selected 
    under this section.
        ``(2) Terms and limitations.--
            ``(A) In general.--A line of credit under this subsection 
        with respect to an aircraft purchase shall be on such terms and 
        conditions and contain such covenants, representatives, 
        warranties, and requirements (including requirements for 
        audits) as the Secretary determines appropriate.
            ``(B) Maximum amount.--
                ``(i) Total amount.--The amount of any line of credit 
            shall not exceed 50 percent of the purchase price 
            (including the value of any manufacturer credits, 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 one or more lenders or to a trustee on the 
            lender's behalf.
            ``(F) Subordination.--A direct loan under this subsection 
        may be subordinate to claims of other holders of obligations in 
        the event of bankruptcy, insolvency, or liquidation of the 
        obligor as determined appropriate by the Secretary.
            ``(G) Fees.--The Secretary, subject to appropriations, may 
        establish fees at a level sufficient to cover all of a portion 
        of the administrative costs to the United States Government of 
        providing a line of credit under this subsection. The proceeds 
        of such fees shall be deposited in an account to be used by the 
        Secretary for the purpose of administering the program 
        established under this subchapter and shall be available upon 
        deposit until expended.
        ``(3) Repayment.--
            ``(A) Schedule.--The Secretary shall establish a repayment 
        schedule for each direct loan under this subsection.
            ``(B) Commencement.--Scheduled loan repayments of principal 
        or interest on a direct loan under this subsection shall 
        commence no later than 3 years after the date of the 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, United States Code.

``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 2003, 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.''.

                  Subtitle B--Airline Customer Service

SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

    Section 41712 is amended--
        (1) by inserting ``(a) In General.--'' before ``On''; and
        (2) by adding at the end the following:
    ``(b) E-Ticket Expiration Notice.--It shall be an unfair or 
deceptive practice under subsection (a) for any air carrier, foreign 
air carrier, or ticket agent utilizing electronically transmitted 
tickets for air transportation to fail to notify the purchaser of such 
a ticket of its expiration date, if any.''.

SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER 
              PROTECTION LAWS.

    (a) In General.--Section 46301(a) is amended by adding at the end 
the following:
        ``(7) Consumer protection.--Notwithstanding paragraphs (1) and 
    (4), the maximum civil penalty for violating section 40127 or 41712 
    (including a regulation prescribed or order issued under such 
    section) or any other regulation prescribed by the Secretary that 
    is intended to afford consumer protection to commercial air 
    transportation passengers, shall be $2,500 for each violation.''.
    (b) Technical Amendment.--Paragraph (6) of section 46301(a) is 
amended--
        (1) by inserting ``Air service termination notice.--'' before 
    ``Notwithstanding''; and
        (2) by aligning the left margin of such paragraph with 
    paragraph (5) of such section.

SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.

    There are authorized to be appropriated to the Secretary for the 
purpose of ensuring compliance with, and enforcing, the rights of air 
travelers under sections 40127, 41705, and 41712 of title 49, United 
States Code--
        (1) $2,300,000 for fiscal year 2000;
        (2) $2,415,000 for fiscal year 2001;
        (3) $2,535,750 for fiscal year 2002; and
        (4) $2,662,500 for fiscal year 2003.

SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.

    (a) Secretary To Report Plans Received.--Not later than September 
15, 1999, each air carrier that provides scheduled passenger air 
transportation and that is a member of the Air Transport Association, 
all of which have entered into the voluntary customer service 
commitments established by the Association on June 17, 1999 (in this 
section referred to as the ``Airline Customer Service Commitment''), 
shall provide a copy of its individual customer service plan to the 
Secretary. Upon receipt of each individual plan, the Secretary shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives notice of receipt of the plan, together 
with a copy of the plan.
    (b) Implementation.--The Inspector General of the Department of 
Transportation shall monitor the implementation of any plan submitted 
by an air carrier to the Secretary under subsection (a) and evaluate 
the extent to which the carrier has met its commitments under its plan. 
The carrier shall provide such information to the Inspector General as 
may be necessary for the Inspector General to prepare the report 
required by subsection (c).
    (c) Reports to Congress.--
        (1) Interim report.--
            (A) In general.--Not later than June 15, 2000, the 
        Inspector General shall transmit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the Inspector General's 
        findings under subsection (b).
            (B) Contents.--The report shall include a status report on 
        completion, publication, and implementation of the Airline 
        Customer Service Commitment and the individual air carrier's 
        plans to carry it out. The report shall also include a review 
        of whether each air carrier described in subsection (a) has 
        modified its contract of carriage or conditions of contract to 
        reflect each item of the Airline Customer Service Commitment.
        (2) Final report; recommendations.--
            (A) In general.--Not later than December 31, 2000, the 
        Inspector General shall transmit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a final report on the effectiveness of the 
        Airline Customer Service Commitment and the individual air 
        carrier plans to carry it out, including recommendations for 
        improving accountability, enforcement, and consumer protections 
        afforded to commercial air passengers.
            (B) Specific content.--In the final report under 
        subparagraph (A), the Inspector General shall include the 
        following:
                (i) An evaluation of each carrier's plan as to whether 
            it is consistent with the voluntary commitments established 
            by the Air Transport Association in the Airline Customer 
            Service Commitment.
                (ii) An evaluation of each carrier as to the extent to 
            which, and the manner in which, it has performed in 
            carrying out its plan.
                (iii) A description, by air carrier, of how the air 
            carrier has implemented each commitment covered by its 
            plan.
                (iv) An analysis, by air carrier, of the methods of 
            meeting each such commitment and, in such analysis, provide 
            information that allows consumers to make decisions on the 
            quality of air transportation provided by such carriers.
                (v) A comparison of each air carrier's plan and the 
            implementation of that plan with the customer service 
            provided by a representative sampling of other air carriers 
            providing scheduled passenger air transportation with 
            aircraft similar in size to the aircraft used by the 
            carrier that submitted a plan so as to allow consumers to 
            make decisions as to the relative quality of air 
            transportation provided by each group of carriers. In 
            making this comparison, the Inspector General shall give 
            due regard to the differences in the fares charged and the 
            size of the air carriers being compared.

SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary shall initiate a rulemaking to increase the domestic 
baggage liability limit in part 254 of title 14, Code of Federal 
Regulations.

SEC. 226. COMPTROLLER GENERAL INVESTIGATION.

    (a) Study.--The Comptroller General shall conduct a study on the 
potential effects on aviation consumers, including the impact on fares 
and service to small communities, of a requirement that air carriers 
permit a ticketed passenger to use any portion of a multiple-stop or 
round-trip air fare for transportation independent of any other portion 
without penalty.
    (b) Report.--Not later than June 15, 2000, the Comptroller General 
shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the results 
of the study.

SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.

    (a) Modification of Reports.--In consultation with the task force 
to be established under subsection (b), the Secretary shall modify the 
regulations in part 234 of title 14, Code of Federal Regulations, 
relating to airline service quality performance reports, to disclose 
more fully to the public the nature and source of delays and 
cancellations experienced by air travelers.
    (b) Task Force.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall establish a task force 
including officials of the Federal Aviation Administration and 
representatives of airline consumers and air carriers to develop 
alternatives and criteria for the modifications to be made under 
subsection (a).
    (c) Use of Categories.--In making modifications under subsection 
(a), the Secretary shall--
        (1) establish categories that reflect the reasons for delays 
    and cancellations experienced by air travelers;
        (2) require air carriers to use such categories in submitting 
    information to be included in airline service quality performance 
    reports; and
        (3) use such categories in reports of the Department of 
    Transportation on information received in airline service quality 
    performance reports.

SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE 
              IN THE AIRLINE INDUSTRY.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission to Ensure Consumer Information and Choice 
in the Airline Industry'' (in this section referred to as the 
``Commission'').
    (b) Duties.--
        (1) Study.--The Commission shall undertake a study of--
            (A) whether the financial condition of travel agents is 
        declining and, if so, the effect that this will have on 
        consumers; and
            (B) whether there are impediments to information regarding 
        the services and products offered by the airline industry and, 
        if so, the effects of those impediments on travel agents, 
        Internet-based distributors, and consumers.
        (2) Small travel agents.--In conducting the study, the 
    Commission shall pay special attention to the condition of travel 
    agencies with $1,000,000 or less in annual revenues.
    (c) Recommendations.--Based on the results of the study under 
subsection (b), the Commission shall make such recommendations as it 
considers necessary to improve the condition of travel agents, 
especially travel agents described in subsection (b)(2), and to improve 
consumer access to travel information.
    (d) Membership.--
        (1) Appointment.--The Commission shall be composed of nine 
    members as follows:
            (A) Three members appointed by the Secretary.
            (B) Two members appointed by the Speaker of the House of 
        Representatives.
            (C) One member appointed by the minority leader of the 
        House of Representatives.
            (D) Two members appointed by the majority leader of the 
        Senate.
            (E) One member appointed by the minority leader of the 
        Senate.
        (2) Qualifications.--Of the members appointed by the Secretary 
    under paragraph (1)(A)--
            (A) one member shall be a representative of the travel 
        agent industry;
            (B) one member shall be a representative of the airline 
        industry; and
            (C) one member shall be an individual who is not a 
        representative of either of the industries referred to in 
        subparagraphs (A) and (B).
        (3) Terms.--Members shall be appointed for the life of the 
    Commission.
        (4) Vacancies.--A vacancy in the Commission shall be filled in 
    the manner in which the original appointment was made.
        (5) Travel expenses.--Members shall serve without pay but shall 
    receive travel expenses, including per diem in lieu of subsistence, 
    in accordance with subchapter I of chapter 57 of title 5, United 
    States Code.
        (6) Chairperson.--The member appointed by the Secretary of 
    Transportation under paragraph (2)(C) shall serve as the 
    Chairperson of the Commission (referred to in this section as the 
    ``Chairperson'').
    (e) Commission Panels.--The Chairperson shall establish such panels 
consisting of members of the Commission as the Chairperson determines 
appropriate to carry out the functions of the Commission.
    (f) Staff.--The Commission may appoint and fix the pay of such 
personnel as it considers appropriate.
    (g) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any department or agency of the United States may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Commission to assist it in carrying out its duties under this 
section.
    (h) Other Staff and Support.--Upon the request of the Commission, 
or a panel of the Commission, the Secretary of Transportation shall 
provide the Commission or panel with professional and administrative 
staff and other support, on a reimbursable basis, to assist the 
Commission or panel in carrying out its responsibilities.
    (i) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information (other 
than information required by any statute of the United States to be 
kept confidential by such department or agency) necessary for the 
Commission to carry out its duties under this section. Upon request of 
the Commission, the head of that department or agency shall furnish 
such nonconfidential information to the Commission.
    (j) Report.--Not later than 6 months after the date on which 
initial appointments of members to the Commission are completed, the 
Commission shall transmit to the President and Congress a report on the 
activities of the Commission, including recommendations made by the 
Commission under subsection (c).
    (k) Termination.--The Commission shall terminate on the 30th day 
following the date of transmittal of the report under subsection (j).
    (l) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

                        Subtitle C--Competition

SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

    (a) Rules That Apply to All Slot Exemption Requests.--
        (1) Prompt consideration of requests.--Section 41714(i) is 
    amended to read as follows:
    ``(i) 60-Day Application Process.--
        ``(1) Request for slot exemptions.--Any slot exemption request 
    filed with the Secretary under this section or section 41716 or 
    41717 (other than subsection (c)) shall include--
            ``(A) the names of the airports to be served;
            ``(B) the times requested; and
            ``(C) such additional information as the Secretary may 
        require.
        ``(2) Action on request; failure to act.--Within 60 days after 
    a slot exemption request under this section or section 41716 or 
    41717 (other than subsection (c)) is received by the Secretary, the 
    Secretary shall--
            ``(A) approve the request if the Secretary determines that 
        the requirements of the section under which the request is made 
        are met;
            ``(B) return the request to the applicant for additional 
        information relating to the request to provide air 
        transportation; or
            ``(C) deny the request and state the reasons for its 
        denial.
        ``(3) 60-day period tolled for timely request for more 
    information.--If the Secretary returns under paragraph (2)(B) the 
    request for additional information during the first 20 days after 
    the request is filed, then the 60-day period under paragraph (2) 
    shall be tolled until the date on which the additional information 
    is filed with the Secretary.
        ``(4) Failure to determine deemed approval.--If the Secretary 
    neither approves the request under paragraph (2)(A) nor denies the 
    request under paragraph (2)(C) within the 60-day period beginning 
    on the date the request is received, excepting any days during 
    which the 60-day period is tolled under paragraph (3), then the 
    request is deemed to have been approved on the 61st day, after the 
    request was filed with the Secretary.''.
        (2) Exemptions may not be transferred.--Section 41714 is 
    further amended by adding at the end the following:
    ``(j) Exemptions May Not Be Transferred.--No exemption from the 
requirements of subparts K and S of part 93 of title 14, Code of 
Federal Regulations, granted under this section or section 41716, 
41717, or 41718 may be bought, sold, leased, or otherwise transferred 
by the carrier to which it is granted.''.
        (3) Equal treatment of affiliated carriers.--Section 41714 (as 
    amended by paragraph (2) of this subsection) is further amended by 
    adding at the end the following:
    ``(k) Affiliated Carriers.--For purposes of this section and 
sections 41716, 41717, and 41718, an air carrier that operates under 
the same designator code, or has or enters into a code-share agreement, 
with any other air carrier shall not qualify for a new slot or slot 
exemption as a new entrant or limited incumbent air carrier at an 
airport if the total number of slots and slot exemptions held by the 
two carriers at the airport exceed 20 slots and slot exemptions.''.
        (4) New entrant slots.--Section 41714(c) is amended--
            (A) by striking the subsection designation and heading and 
        ``(1) In general.--If the Secretary'' and inserting the 
        following:
    ``(c) Slots for New Entrants.--If the Secretary'';
            (B) by striking ``and the circumstances to be 
        exceptional''; and
            (C) by striking paragraph (2).
        (5) Definitions.--Section 41714(h) is amended--
            (A) by striking ``and section 41734(h)'' and inserting 
        ``and sections 41715-41718 and 41734(h)'';
            (B) in paragraph (3) by striking ``as defined'' and all 
        that follows through ``Federal Regulations''; and
            (C) by adding at the end the following:
        ``(5) Limited incumbent air carrier.--The term `limited 
    incumbent air carrier' has the meaning given that term in subpart S 
    of part 93 of title 14, Code of Federal Regulations; except that--
            ``(A) `20' shall be substituted for `12' in sections 
        93.213(a)(5), 93.223(c)(3), and 93.225(h);
            ``(B) for purposes of such sections, the term `slot' shall 
        include `slot exemptions'; and
            ``(C) for Ronald Reagan Washington National Airport, the 
        Administrator shall not count, for the purposes of section 
        93.213(a)(5), slots currently held by an air carrier but leased 
        out on a long-term basis by that carrier for use in foreign air 
        transportation and renounced by the carrier for return to the 
        Department of Transportation or the Federal Aviation 
        Administration.
        ``(6) Regional jet.--The term `regional jet' means a passenger, 
    turbofan-powered aircraft with a certificated maximum passenger 
    seating capacity of less than 71.
        ``(7) Nonhub airport.--The term `nonhub airport' means an 
    airport that had less than .05 percent of the total annual 
    boardings in the United States as determined under the Federal 
    Aviation Administration's Primary Airport Enplanement Activity 
    Summary for Calendar Year 1997.
        ``(8) Small hub airport.--The term `small hub airport' means an 
    airport that had at least .05 percent, but less than .25 percent, 
    of the total annual boardings in the United States as determined 
    under the summary referred to in paragraph (7).
        ``(9) Medium hub airport.--The term `medium hub airport' means 
    an airport that each year has at least .25 percent, but less than 
    1.0 percent, of the total annual boardings in the United States as 
    determined under the summary referred to in paragraph (7).''.
    (b) Phase-out of Slot Rules.--Chapter 417 is amended--
        (1) by redesignating sections 41715 and 41716 as sections 41719 
    and 41720; and
        (2) by inserting after section 41714 the following:

``Sec. 41715. Phase-out of slot rules at certain airports

    ``(a) Termination.--The rules contained in subparts S and K of part 
93, title 14, Code of Federal Regulations, shall not apply--
        ``(1) after July 1, 2002, at Chicago O'Hare International 
    Airport; and
        ``(2) after January 1, 2007, at LaGuardia Airport or John F. 
    Kennedy International Airport.
    ``(b) Statutory Construction.--Nothing in this section and sections 
41714 and 41716-41718 shall be construed--
        ``(1) as affecting the Federal Aviation Administration's 
    authority for safety and the movement of air traffic; and
        ``(2) as affecting any other authority of the Secretary to 
    grant exemptions under section 41714.
    ``(c) Factors To Consider.--
        ``(1) In general.--Before the award of slot exemptions under 
    sections 41714 and 41716-41718, the Secretary of Transportation may 
    consider, among other determining factors, whether the petitioning 
    air carrier's proposal provides the maximum benefit to the United 
    States economy, including the number of United States jobs created 
    by the air carrier, its suppliers, and related activities. The 
    Secretary should give equal consideration to the consumer benefits 
    associated with the award of such exemptions.
        ``(2) Applicability.--Paragraph (1) does not apply in any case 
    in which the air carrier requesting the slot exemption is proposing 
    to use under the exemption a type of aircraft for which there is 
    not a competing United States manufacturer.''.
    (c) Special Rules Affecting LaGuardia Airport and John F. Kennedy 
International Airport.--Chapter 417 (as amended by subsection (b) of 
this section) is amended by inserting after section 41715 the 
following:

``Sec. 41716. Interim slot rules at New York airports

    ``(a) Exemptions for Air Service to Small and Nonhub Airports.--
Subject to section 41714(i), the Secretary of Transportation shall 
grant, by order, exemptions from the requirements under subparts K and 
S of part 93 of title 14, Code of Federal Regulations (pertaining to 
slots at high density airports) to any air carrier to provide nonstop 
air transportation, using an aircraft with a certificated maximum 
seating capacity of less than 71, between LaGuardia Airport or John F. 
Kennedy International Airport and a small hub airport or nonhub 
airport--
         ``(1) if the air carrier was not providing such air 
    transportation during the week of November 1, 1999;
        ``(2) if the number of flights to be provided between such 
    airports by the air carrier during any week will exceed the number 
    of flights provided by the air carrier between such airports during 
    the week of November 1, 1999; or
        ``(3) if the air transportation to be provided under the 
    exemption will be provided with a regional jet as replacement of 
    turboprop air transportation that was being provided during the 
    week of November 1, 1999.
    ``(b) Exemptions for New Entrant and Limited Incumbent Air 
Carriers.--Subject to section 41714(i), the Secretary shall grant, by 
order, exemptions from the requirements under subparts K and S of part 
93 of title 14, Code of Federal Regulations (pertaining to slots at 
high density airports), to any new entrant air carrier or limited 
incumbent air carrier to provide air transportation to or from 
LaGuardia Airport or John F. Kennedy International Airport if the 
number of slot exemptions granted under this subsection to such air 
carrier with respect to such airport when added to the slots and slot 
exemptions held by such air carrier with respect to such airport does 
not exceed 20.
    ``(c) Stage 3 Aircraft Required.--An exemption may not be granted 
under this section with respect to any aircraft that is not a Stage 3 
aircraft (as defined by the Secretary).
    ``(d) Preservation of Certain Existing Slot-Related Air Service.--
An air carrier that provides air transportation of passengers from 
LaGuardia Airport or John F. Kennedy International Airport to a small 
hub airport or nonhub airport, or to an airport that is smaller than a 
nonhub airport, on or before the date of the enactment of this 
subsection pursuant to an exemption from the requirements of subparts K 
and S of part 93 of title 14, Code of Federal Regulations (pertaining 
to slots at high density airports), or where slots were issued to an 
air carrier conditioned on a specific airport being served, may not 
terminate air transportation for that route before July 1, 2003, 
unless--
        ``(1) before October 1, 1999, the Secretary received a written 
    air service termination notice for that route; or
        ``(2) after September 30, 1999, the air carrier submits an air 
    service termination notice under section 41719 for that route and 
    the Secretary determines that the carrier suffered excessive 
    losses, including substantial losses on operations on that route 
    during any three quarters of the year immediately preceding the 
    date of submission of the notice.''.
    (d) Special Rules Affecting Chicago O'Hare International Airport.--
        (1) Nonstop regional jet, new entrants, and limited 
    incumbents.--Chapter 417 (as amended by subsection (c) of this 
    section) is further amended by inserting after section 41716 the 
    following:

``Sec. 41717. Interim application of slot rules at Chicago O'Hare 
            International Airport

    ``(a) Slot Operating Window Narrowed.--Effective July 1, 2001, the 
requirements of subparts K and S of part 93 of title 14, Code of 
Federal Regulations, do not apply with respect to aircraft operating 
before 2:45 post meridiem and after 8:14 post meridiem at Chicago 
O'Hare International Airport.
    ``(b) Exemptions for Air Service to Small and Nonhub Airports.--
Effective May 1, 2000, subject to section 41714(i), the Secretary of 
Transportation shall grant, by order, exemptions from the requirements 
of subparts K and S of part 93 of title 14, Code of Federal Regulations 
(pertaining to slots at high density airports), to any air carrier to 
provide nonstop air transportation, using an aircraft with a 
certificated maximum seating capacity of less than 71, between Chicago 
O'Hare International Airport and a small hub or nonhub airport--
         ``(1) if the air carrier was not providing such air 
    transportation during the week of November 1, 1999;
        ``(2) if the number of flights to be provided between such 
    airports by the air carrier during any week will exceed the number 
    of flights provided by the air carrier between such airports during 
    the week of November 1, 1999; or
        ``(3) if the air transportation to be provided under the 
    exemption will be provided with a regional jet as replacement of 
    turboprop air transportation that was being provided during the 
    week of November 1, 1999.
    ``(c) Exemptions for New Entrant and Limited Incumbent Air 
Carriers.--
        ``(1) In general.--The Secretary shall grant, by order, 30 
    exemptions from the requirements under subparts K and S of part 93 
    of title 14, Code of Federal Regulations, to any new entrant air 
    carrier or limited incumbent air carrier to provide air 
    transportation to or from Chicago O'Hare International Airport.
        ``(2) Deadline for granting exemptions.--The Secretary shall 
    grant an exemption under paragraph (1) within 45 days of the date 
    of the request for such exemption if the person making the request 
    qualifies as a new entrant air carrier or limited incumbent air 
    carrier.
    ``(d) Slots Used To Provide Turboprop Service.--
        ``(1) In general.--Except as provided in paragraph (2), a slot 
    used to provide turboprop air transportation that is replaced with 
    regional jet air transportation under subsection (b)(3) may not be 
    used, sold, leased, or otherwise transferred after the date the 
    slot exemption is granted to replace the turboprop air 
    transportation.
        ``(2) Two-for-one exception.--An air carrier that otherwise 
    could not use 2 slots as a result of paragraph (1) may use 1 of 
    such slots to provide air transportation.
        ``(3) Withdrawal of slot.--If the Secretary determines that an 
    air carrier that is using a slot under paragraph (2) is no longer 
    providing the air transportation that replaced the turboprop air 
    transportation, the Secretary shall withdraw the slot that is being 
    used under paragraph (2).
        ``(4) Continuation.--If the Secretary determines that an air 
    carrier that is using a slot under paragraph (2) is no longer 
    providing the air transportation that replaced the turboprop air 
    transportation with a regional jet, the Secretary shall withdraw 
    the slot being used by the air carrier under paragraph (2) but 
    shall allow the air carrier to continue to hold the exemption 
    granted to the air carrier under subsection (b)(3).
    ``(e) International Service at O'Hare Airport.--
        ``(1) Termination of requirements.--Subject to paragraph (2), 
    the requirements of subparts K and S of part 93 of title 14, Code 
    of Federal Regulations, shall be of no force and effect at Chicago 
    O'Hare International Airport after May 1, 2000, with respect to any 
    aircraft providing foreign air transportation.
        ``(2) Exception relating to reciprocity.--The Secretary may 
    limit access to Chicago O'Hare International Airport with respect 
    to foreign air transportation being provided by a foreign air 
    carrier domiciled in a country to which an air carrier provides 
    nonstop air transportation from the United States if the country in 
    which that carrier is domiciled does not provide reciprocal airport 
    access for air carriers.
    ``(f) Stage 3 Aircraft Required.--An exemption may not be granted 
under this section with respect to any aircraft that is not a Stage 3 
aircraft (as defined by the Secretary).
    ``(g) Preservation of Certain Existing Slot-Related Air Service.--
An air carrier that provides air transportation of passengers from 
Chicago O'Hare International Airport to a small hub airport or nonhub 
airport, or to an airport that is smaller than a nonhub airport, on or 
before the date of the enactment of this subsection pursuant to an 
exemption from the requirements of subparts K and S of part 93 of title 
14, Code of Federal Regulations (pertaining to slots at high density 
airports), or where slots were issued to an air carrier conditioned on 
a specific airport being served, may not terminate air transportation 
service for that route for a period of 1 year after the date on which 
those requirements cease to apply to such airport unless--
        ``(1) before October 1, 1999, the Secretary received a written 
    air service termination notice for that route; or
        ``(2) after September 30, 1999, the air carrier submits an air 
    service termination notice under section 41719 for that route and 
    the Secretary determines that the carrier suffered excessive 
    losses, including substantial losses on operations on that route 
    during the calendar quarters immediately preceding submission of 
    the notice.''.
        (2) Elimination of basic essential air service exemption 
    limit.--Section 41714(a)(3) is amended by striking ``; except 
    that'' and all that follows through ``132 slots''.
        (3) Prohibition of slot withdrawals.--Section 41714(b)(2) is 
    amended--
            (A) by inserting ``at Chicago O'Hare International 
        Airport'' after ``a slot''; and
            (B) by striking ``if the withdrawal'' and all that follows 
        through ``1993''.
        (4) Conversions.--Section 41714(b)(4) is amended to read as 
    follows:
        ``(4) Conversions of slots.--Effective May 1, 2000, slots at 
    Chicago O'Hare International Airport allocated to an air carrier as 
    of November 1, 1999, to provide foreign air transportation shall be 
    made available to such carrier to provide interstate or intrastate 
    air transportation.''.
        (5) Return of withdrawn slots.--The Secretary shall return any 
    slot withdrawn from an air carrier under section 41714(b) of title 
    49, United States Code, before the date of the enactment of this 
    Act, to that carrier on April 30, 2000.
    (e) Special Rules Affecting Reagan Washington National Airport.--
        (1) In general.--Chapter 417 (as amended by subsection (d) of 
    this section) is further amended by inserting after section 41717 
    the following:

``Sec. 41718. Special rules for Ronald Reagan Washington National 
            Airport

    ``(a) Beyond-Perimeter Exemptions.--The Secretary shall grant, by 
order, 12 exemptions from the application of sections 49104(a)(5), 
49109, 49111(e), and 41714 of this title to air carriers to operate 
limited frequencies and aircraft on select routes between Ronald Reagan 
Washington National Airport and domestic hub airports and exemptions 
from the requirements of subparts K and S of part 93, Code of Federal 
Regulations, if the Secretary finds that the exemptions will--
        ``(1) provide air transportation with domestic network benefits 
    in areas beyond the perimeter described in that section;
        ``(2) increase competition by new entrant air carriers or in 
    multiple markets;
        ``(3) not reduce travel options for communities served by small 
    hub airports and medium hub airports within the perimeter described 
    in section 49109; and
        ``(4) not result in meaningfully increased travel delays.
    ``(b) Within-Perimeter Exemptions.--The Secretary shall grant, by 
order, 12 exemptions from the requirements of sections 49104(a)(5), 
49111(e), and 41714 of this title and subparts K and S of part 93 of 
title 14, Code of Federal Regulations, to air carriers for providing 
air transportation to airports that were designated as medium hub or 
smaller airports within the perimeter established for civil aircraft 
operations at Ronald Reagan Washington National Airport under section 
49109. The Secretary shall develop criteria for distributing slot 
exemptions for flights within the perimeter to such airports under this 
paragraph in a manner that promotes air transportation--
        ``(1) by new entrant air carriers and limited incumbent air 
    carriers;
        ``(2) to communities without existing nonstop air 
    transportation to Ronald Reagan Washington National Airport;
        ``(3) to small communities;
        ``(4) that will provide competitive nonstop air transportation 
    on a monopoly nonstop route to Ronald Reagan Washington National 
    Airport; or
        ``(5) that will produce the maximum competitive benefits, 
    including low fares.
    ``(c) Limitations.--
        ``(1) Stage 3 aircraft required.--An exemption may not be 
    granted under this section with respect to any aircraft that is not 
    a Stage 3 aircraft (as defined by the Secretary).
        ``(2) General exemptions.--The exemptions granted under 
    subsections (a) and (b) may not be for operations between the hours 
    of 10:00 p.m. and 7:00 a.m. and may not increase the number of 
    operations at Ronald Reagan Washington National Airport in any 1-
    hour period during the hours between 7:00 a.m. and 9:59 p.m. by 
    more than two operations.
        ``(3) Allocation of within-perimeter exemptions.--Of the 
    exemptions granted under subsection (b)--
            ``(A) four shall be for air transportation to small hub 
        airports and nonhub airports; and
            ``(B) eight shall be for air transportation to medium hub 
        and smaller airports.
        ``(4) Applicability to exemption no. 5133.--Nothing in this 
    section affects Exemption No. 5133, as from time-to-time amended 
    and extended.
    ``(d) Application Process.--
        ``(1) Deadline for submission.--All requests for exemptions 
    under this section must be submitted to the Secretary not later 
    than the 30th day following the date of the enactment of this 
    subsection.
        ``(2) Deadline for comments.--All comments with respect to any 
    request for an exemption under this section must be submitted to 
    the Secretary not later than the 45th day following the date of the 
    enactment of this subsection.
        ``(3) Deadline for final decision.--Not later than the 90th day 
    following the date of the enactment of this Act, the Secretary 
    shall make a decision regarding whether to approve or deny any 
    request that is submitted to the Secretary in accordance with 
    paragraph (1).
    ``(e) Applicability of Certain Laws.--Neither the request for, nor 
the granting of an exemption, under this section shall be considered 
for purposes of any Federal law a major Federal action significantly 
affecting the quality of the human environment.''.
        (2) Override of mwaa restriction.--Section 49104(a)(5) is 
    amended by adding at the end thereof the following:
        ``(D) Subparagraph (C) does not apply to any increase in the 
    number of instrument flight rule takeoffs and landings necessary to 
    implement exemptions granted by the Secretary under section 
    41718.''.
        (3) MWAA noise-related grant assurances.--
            (A) In general.--In addition to any condition for approval 
        of an airport development project that is the subject of a 
        grant application submitted to the Secretary under chapter 471 
        of title 49, United States Code, by the Metropolitan Washington 
        Airports Authority, the Authority shall be required to submit a 
        written assurance that, for each such grant made for use at 
        Ronald Reagan Washington National Airport for fiscal year 2000 
        or any subsequent fiscal year--
                (i) the Authority will make available for that fiscal 
            year funds for noise compatibility planning and programs 
            that are eligible to receive funding under such chapter in 
            an amount not less than 10 percent of the amount 
            apportioned to the Ronald Reagan Washington National 
            Airport under section 47114 of such title for that fiscal 
            year; and
                (ii) the Authority will not divert funds from a high 
            priority safety project in order to make funds available 
            for noise compatibility planning and programs.
            (B) Waiver.--The Secretary may waive the requirements of 
        subparagraph (A) for any fiscal year for which the Secretary 
        determines that the Authority is in compliance with applicable 
        airport noise compatibility planning and program requirements 
        under part 150 of title 14, Code of Federal Regulations.
            (C) Sunset.--This paragraph shall cease to be in effect 5 
        years after the date of the enactment of this Act if on that 
        date the Secretary certifies that the Authority has achieved 
        compliance with applicable noise compatibility planning and 
        program requirements under part 150 of title 14, Code of 
        Federal Regulations.
        (4) Report.--Not later than 1 year after the date of the 
    enactment of this Act, the Secretary shall certify to the Committee 
    on Commerce, Science, and Transportation of the Senate, the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives, the governments of Maryland, Virginia, and West 
    Virginia, and the metropolitan planning organization for 
    Washington, D.C., that noise standards, air traffic congestion, 
    airport-related vehicular congestion, safety standards, and 
    adequate air service to communities served by small hub airports 
    and medium hub airports within the perimeter described in section 
    49109 of title 49, United States Code, have been maintained at 
    appropriate levels.
    (f) Noise Compatibility Planning and Programs.--Section 47117(e) is 
amended by adding at the end the following:
        ``(3) Priority.--The Secretary shall give priority in making 
    grants under paragraph (1)(A) to applications for airport noise 
    compatibility planning and programs at and around--
            ``(A) Chicago O'Hare International Airport;
            ``(B) LaGuardia Airport;
            ``(C) John F. Kennedy International Airport; and
            ``(D) Ronald Reagan Washington National Airport.''.
    (g) Study of Community Noise Levels Around High Density Airports.--
The Secretary shall study community noise levels in the areas 
surrounding the four high-density airports in fiscal year 2001 and 
compare those levels with the levels in such areas before 1991.
    (h) Extension of Application Approvals.--Section 49108 is amended 
by striking ``2001'' and inserting ``2004''.
    (i) Elimination of Deadline for Appointment of Members to Board of 
Directors.--Section 49106(c)(6) is amended by striking subparagraph (C) 
and by redesignating subparagraph (D) as subparagraph (C).
    (j) Conforming Amendments.--
        (1) Operation limitations.--Section 49111 is amended by 
    striking subsection (e).
        (2) Chapter analysis.--The analysis for subchapter I of chapter 
    417 is amended--
            (A) redesignating the items relating to sections 41715 and 
        41716 as items relating to sections 41719 and 41720, 
        respectively; and
            (B) by inserting after the item relating to section 41714 
        the following:
``41715. Phase-out of slot rules at certain airports.
``41716. Interim slot rules at New York airports.
``41717. Interim application of slot rules at Chicago O'Hare 
          International Airport.
``41718. Special Rules for Ronald Reagan Washington National Airport.''.

                    TITLE III--FAA MANAGEMENT REFORM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

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

SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.

    (a) Aviation Management Advisory Council.--
        (1) Membership.--Section 106(p)(2) is amended--
            (A) by striking ``and'' at the end of subparagraph (B); and
            (B) by striking subparagraph (C) and inserting the 
        following:
            ``(C) 10 members representing aviation interests, appointed 
        by--
                ``(i) in the case of initial appointments to the 
            Council, the President by and with the advice and consent 
            of the Senate; and
                ``(ii) in the case of subsequent appointments to the 
            Council, the Secretary of Transportation;
            ``(D) 1 member appointed, from among individuals who are 
        the leaders of their respective unions of air traffic control 
        system employees, by--
                ``(i) in the case of initial appointments to the 
            Council, the President by and with the advice and consent 
            of the Senate; and
                ``(ii) in the case of subsequent appointments to the 
            Council, the Secretary of Transportation; and
            ``(E) 5 members appointed by the Secretary after 
        consultation with the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.''.
        (2) Qualifications.--Section 106(p)(3) is amended--
            (A) by inserting ``(A) No federal officer or employee.--'' 
        before ``No member'';
            (B) by inserting ``or (2)(E)'' after ``paragraph (2)(C)'';
            (C) by adding at the end the following:
            ``(B) Air traffic services subcommittee.--Members appointed 
        under paragraph (2)(E) shall--
                ``(i) have a fiduciary responsibility to represent the 
            public interest;
                ``(ii) be citizens of the United States; and
                ``(iii) be appointed without regard to political 
            affiliation and solely on the basis of their professional 
            experience and expertise in one or more of the following 
            areas:

                    ``(I) Management of large service organizations.
                    ``(II) Customer service.
                    ``(III) Management of large procurements.
                    ``(IV) Information and communications technology.
                    ``(V) Organizational development.
                    ``(VI) Labor relations.

        At least one of such members should have a background in 
        managing large organizations successfully. In the aggregate, 
        such members should collectively bring to bear expertise in all 
        of the areas described in subclauses (I) through (VI).
            ``(C) Prohibitions on members of subcommittee.--No member 
        appointed under paragraph (2)(E) may--
                ``(i) have a pecuniary interest in, or own stock in or 
            bonds of, an aviation or aeronautical enterprise, except an 
            interest in a diversified mutual fund or an interest that 
            is exempt from the application of section 208 of title 18;
                ``(ii) engage in another business related to aviation 
            or aeronautics; or
                ``(iii) be a member of any organization that engages, 
            as a substantial part of its activities, in activities to 
            influence aviation-related legislation.''; and
            (D) by indenting subparagraph (A) (as designated by 
        subparagraph (A) of this paragraph) and aligning it with 
        subparagraph (B) of such section (as added by subparagraph (C) 
        of this paragraph).
    (b) Terms of Members.--Section 106(p)(6) is amended--
        (1) by redesignating subparagraphs (B), (C), and (D) as 
    subparagraphs (J), (K), and (L), respectively; and
        (2) by striking subparagraph (A) and inserting the following:
            ``(A) Terms of members appointed under paragraph (2)(c).--
        Members of the Council appointed under paragraph (2)(C) shall 
        be appointed for a term of 3 years. Of the members first 
        appointed by the President under paragraph (2)(C)--
                ``(i) 3 shall be appointed for terms of 1 year;
                ``(ii) 4 shall be appointed for terms of 2 years; and
                ``(iii) 3 shall be appointed for terms of 3 years.
            ``(B) Term for air traffic control representative.--The 
        member appointed under paragraph (2)(D) shall be appointed for 
        a term of 3 years, except that the term of such individual 
        shall end whenever the individual no longer meets the 
        requirements of paragraph (2)(D).
            ``(C) Terms for air traffic services subcommittee 
        members.--The member appointed under paragraph (2)(E) shall be 
        appointed for a term of 5 years, except that of the members 
        first appointed under paragraph (2)(E)--
                ``(i) 2 members shall be appointed for a term of 3 
            years;
                ``(ii) 2 members shall be appointed for a term of 4 
            years; and
                ``(iii) 1 member shall be appointed for a term of 5 
            years.
            ``(D) Reappointment.--An individual may not be appointed 
        under paragraph (2)(E) to more than two 5-year terms.
            ``(E) Vacancy.--Any vacancy on the Council shall be filled 
        in the same manner as the original appointment, except that any 
        vacancy caused by a member appointed by the President under 
        paragraph (2)(C)(i) shall be filled by the Secretary in 
        accordance with paragraph (2)(C)(ii). Any member appointed to 
        fill a vacancy occurring before the expiration of the term for 
        which the member's predecessor was appointed shall be appointed 
        for the remainder of that term.
            ``(F) Continuation in office.--A member whose term expires 
        shall continue to serve until the date on which the member's 
        successor takes office.
            ``(G) Removal.--Any member of the Council appointed under 
        paragraph (2)(D) may be removed for cause by the President or 
        Secretary whoever makes the appointment. Any member of the 
        Council appointed under paragraph (2)(E) may be removed for 
        cause by the Secretary.
            ``(H) Claims against members of subcommittee.--
                ``(i) In general.--A member appointed under paragraph 
            (2)(E) shall have no personal liability under Federal law 
            with respect to any claim arising out of or resulting from 
            an act or omission by such member within the scope of 
            service as a member of the Air Traffic Services 
            Subcommittee.
                ``(ii) Effect on other law.--This subparagraph shall 
            not be construed--

                    ``(I) to affect any other immunity or protection 
                that may be available to a member of the Subcommittee 
                under applicable law with respect to such transactions;
                    ``(II) to affect any other right or remedy against 
                the United States under applicable law; or
                    ``(III) to limit or alter in any way the immunities 
                that are available under applicable law for Federal 
                officers and employees.

            ``(I) Ethical considerations.--
                ``(i) Financial disclosure.--During the entire period 
            that an individual appointed under paragraph (2)(E) is a 
            member of the Subcommittee, such individual shall be 
            treated as serving as an officer or employee referred to in 
            section 101(f) of the Ethics in Government Act of 1978 for 
            purposes of title I of such Act; except that section 101(d) 
            of such Act shall apply without regard to the number of 
            days of service in the position.
                ``(ii) Restrictions on post-employment.--For purposes 
            of section 207(c) of title 18, an individual appointed 
            under paragraph (2)(E) shall be treated as an employee 
            referred to in section 207(c)(2)(A)(i) of such title during 
            the entire period the individual is a member of the 
            Subcommittee; except that subsections (c)(2)(B) and (f) of 
            section 207 of such title shall not apply.''.
    (c) Air Traffic Services Subcommittee.--Section 106(p) is amended 
by adding at the end the following:
        ``(7) Air traffic services subcommittee.--
            ``(A) In general.--The Management Advisory Council shall 
        have an air traffic services subcommittee (in this paragraph 
        referred to as the `Subcommittee') composed of the five members 
        appointed under paragraph (2)(E).
            ``(B) General responsibilities.--
                ``(i) Oversight.--The Subcommittee shall oversee the 
            administration, management, conduct, direction, and 
            supervision of the air traffic control system.
                ``(ii) Confidentiality.--The Subcommittee shall ensure 
            that appropriate confidentiality is maintained in the 
            exercise of its duties.
            ``(C) Specific responsibilities.--The Subcommittee shall 
        have the following specific responsibilities:
                ``(i) Strategic plans.--To review, approve, and monitor 
            the strategic plan for the air traffic control system, 
            including the establishment of--

                    ``(I) a mission and objectives;
                    ``(II) standards of performance relative to such 
                mission and objectives, including safety, efficiency, 
                and productivity; and
                    ``(III) annual and long-range strategic plans.

                ``(ii) Modernization and improvement.--To review and 
            approve--

                    ``(I) methods to accelerate air traffic control 
                modernization and improvements in aviation safety 
                related to air traffic control; and
                    ``(II) procurements of air traffic control 
                equipment in excess of $100,000,000.

                ``(iii) Operational plans.--To review the operational 
            functions of the air traffic control system, including--

                    ``(I) plans for modernization of the air traffic 
                control system;
                    ``(II) plans for increasing productivity or 
                implementing cost-saving measures; and
                    ``(III) plans for training and education.

                ``(iv) Management.--To--

                    ``(I) review and approve the Administrator's 
                appointment of a Chief Operating Officer under section 
                106(r);
                    ``(II) review the Administrator's selection, 
                evaluation, and compensation of senior executives of 
                the Administration who have program management 
                responsibility over significant functions of the air 
                traffic control system;
                    ``(III) review and approve the Administrator's 
                plans for any major reorganization of the 
                Administration that would impact on the management of 
                the air traffic control system;
                    ``(IV) review and approve the Administrator's cost 
                accounting and financial management structure and 
                technologies to help ensure efficient and cost-
                effective air traffic control operation; and
                    ``(V) review the performance and compensation of 
                managers responsible for major acquisition projects, 
                including the ability of the managers to meet schedule 
                and budget targets.

                ``(v) Budget.--To--

                    ``(I) review and approve the budget request of the 
                Administration related to the air traffic control 
                system prepared by the Administrator;
                    ``(II) submit such budget request to the Secretary; 
                and
                    ``(III) ensure that the budget request supports the 
                annual and long-range strategic plans.

        The Secretary shall submit the budget request referred to in 
        clause (v)(II) for any fiscal year to the President who shall 
        transmit such request, without revision, to the Committees on 
        Transportation and Infrastructure and Appropriations of the 
        House of Representatives and the Committees on Commerce, 
        Science, and Transportation and Appropriations of the Senate, 
        together with the President's annual budget request for the 
        Federal Aviation Administration for such fiscal year.
            ``(D) Subcommittee personnel matters.--
                ``(i) Compensation of members.--Each member of the 
            Subcommittee shall be compensated at a rate of $25,000 per 
            year.
                ``(ii) Compensation of chairperson.--Notwithstanding 
            clause (i), the chairperson of the Subcommittee shall be 
            compensated at a rate of $40,000 per year.
                ``(iii) Staff.--The chairperson of the Subcommittee may 
            appoint and terminate any personnel that may be necessary 
            to enable the Subcommittee to perform its duties.
                ``(iv) Procurement of temporary and intermittent 
            services.--The chairperson of the Subcommittee may procure 
            temporary and intermittent services under section 3109(b) 
            of title 5, United States Code.
            ``(E) Administrative matters.--
                ``(i) Term of chair.--The members of the Subcommittee 
            shall elect for a 2-year term a chairperson from among the 
            members of the Subcommittee.
                ``(ii) Powers of chair.--Except as otherwise provided 
            by a majority vote of the Subcommittee, the powers of the 
            chairperson shall include--

                    ``(I) establishing committees;
                    ``(II) setting meeting places and times;
                    ``(III) establishing meeting agendas; and
                    ``(IV) developing rules for the conduct of 
                business.

                ``(iii) Meetings.--The Subcommittee shall meet at least 
            quarterly and at such other times as the chairperson 
            determines appropriate.
                ``(iv) Quorum.--Three members of the Subcommittee shall 
            constitute a quorum. A majority of members present and 
            voting shall be required for the Subcommittee to take 
            action.
            ``(F) Reports.--
                ``(i) Annual.--The Subcommittee shall each year report 
            with respect to the conduct of its responsibilities under 
            this title to the Administrator, the Council, the Committee 
            on Transportation and Infrastructure of the House of 
            Representatives, and the Committee on Commerce, Science, 
            and Transportation of the Senate.
                ``(ii) Additional report.--If a determination by the 
            Subcommittee under subparagraph (B)(i) that the 
            organization and operation of the air traffic control 
            system are not allowing the Administration to carry out its 
            mission, the Subcommittee shall report such determination 
            to the Administrator, the Council, the Committee on 
            Transportation and Infrastructure of the House of 
            Representatives, and the Committee on Commerce, Science, 
            and Transportation of the Senate.
                ``(iii) Action of administrator on report.--Not later 
            than 60 days after the date of a report of the Subcommittee 
            under this subparagraph, the Administrator shall take 
            action with respect to such report. If the Administrator 
            overturns a recommendation of the Subcommittee, the 
            Administrator shall report such action to the President, 
            the Committee on Transportation and Infrastructure of the 
            House of Representatives, and the Committee on Commerce, 
            Science, and Transportation of the Senate.
                ``(iv) Comptroller general's report.--Not later than 
            April 30, 2003, the Comptroller General of the United 
            States shall transmit to the Committee on Transportation 
            and Infrastructure of the House of Representatives and the 
            Committee on Commerce, Science, and Transportation of the 
            Senate a report on the success of the Subcommittee in 
            improving the performance of the air traffic control 
            system.
        ``(8) Air traffic control system defined.--In this section, the 
    term `air traffic control system' has the meaning such term has 
    under section 40102(a).''.
    (d) Effective Dates.--
        (1) In general.--The amendments made by this section shall take 
    effect on the date of the enactment of this Act.
        (2) Initial nominations to air traffic services subcommittee.--
    The Secretary shall make the initial appointments of the Air 
    Traffic Services Subcommittee of the Aviation Management Advisory 
    Council not later than 3 months after the date of the enactment of 
    this Act.
        (3) Effect on actions prior to appointment of subcommittee.--
    Nothing in this section shall be construed to invalidate the 
    actions and authority of the Federal Aviation Administration prior 
    to the appointment of the members of the Air Traffic Services 
    Subcommittee.

SEC. 303. CHIEF OPERATING OFFICER.

    Section 106 is amended by adding at the end the following:
    ``(r) Chief Operating Officer.--
        ``(1) In general.--
            ``(A) Appointment.--There shall be a Chief Operating 
        Officer for the air traffic control system to be appointed by 
        the Administrator, with the approval of the Air Traffic 
        Services Subcommittee of the Aviation Management Advisory 
        Council. The Chief Operating Officer shall report directly to 
        the Administrator and shall be subject to the authority of the 
        Administrator.
            ``(B) Qualifications.--The Chief Operating Officer shall 
        have a demonstrated ability in management and knowledge of or 
        experience in aviation.
            ``(C) Term.--The Chief Operating Officer shall be appointed 
        for a term of 5 years.
            ``(D) Removal.--The Chief Operating Officer shall serve at 
        the pleasure of the Administrator, except that the 
        Administrator shall make every effort to ensure stability and 
        continuity in the leadership of the air traffic control system.
            ``(E) Vacancy.--Any individual appointed to fill a vacancy 
        in the position of Chief Operating Officer occurring before the 
        expiration of the term for which the individual's predecessor 
        was appointed shall be appointed for the remainder of that 
        term.
        ``(2) Compensation.--
            ``(A) In general.--The Chief Operating Officer shall be 
        paid at an annual rate of basic pay equal to the annual rate of 
        basic pay of the Administrator. The Chief Operating Officer 
        shall be subject to the post-employment provisions of section 
        207 of title 18 as if this position were described in section 
        207(c)(2)(A)(i) of that title.
            ``(B) Bonus.--In addition to the annual rate of basic pay 
        authorized by subparagraph (A), the Chief Operating Officer may 
        receive a bonus for any calendar year not to exceed 30 percent 
        of the annual rate of basic pay, based upon the Administrator's 
        evaluation of the Chief Operating Officer's performance in 
        relation to the performance goals set forth in the performance 
        agreement described paragraph (3).
        ``(3) Annual performance agreement.--The Administrator and the 
    Chief Operating Officer, in consultation with the Air Traffic 
    Control Subcommittee of the Aviation Management Advisory Committee, 
    shall enter into an annual performance agreement that sets forth 
    measurable organization and individual goals for the Chief 
    Operating Officer in key operational areas. The agreement shall be 
    subject to review and renegotiation on an annual basis.
        ``(4) Annual performance report.--The Chief Operating Officer 
    shall prepare and transmit to the Secretary of Transportation and 
    Congress an annual management report containing such information as 
    may be prescribed by the Secretary.
        ``(5) Responsibilities.--The Administrator may delegate to the 
    Chief Operating Officer, or any other authority within the 
    Administration responsibilities, including the following:
            ``(A) Strategic plans.--To develop a strategic plan of the 
        Administration for the air traffic control system, including 
        the establishment of--
                ``(i) a mission and objectives;
                ``(ii) standards of performance relative to such 
            mission and objectives, including safety, efficiency, and 
            productivity;
                ``(iii) annual and long-range strategic plans; and
                ``(iv) methods of the Administration to accelerate air 
            traffic control modernization and improvements in aviation 
            safety related to air traffic control.
            ``(B) Operations.--To review the operational functions of 
        the Administration, including--
                ``(i) modernization of the air traffic control system;
                ``(ii) increasing productivity or implementing cost-
            saving measures; and
                ``(iii) training and education.
            ``(C) Budget.--To--
                ``(i) develop a budget request of the Administration 
            related to the air traffic control system prepared by the 
            Administrator;
                ``(ii) submit such budget request to the Administrator 
            and the Secretary of Transportation; and
                ``(iii) ensure that the budget request supports the 
            annual and long-range strategic plans developed under 
            subparagraph (A) of this subsection.''.

SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC 
              MODERNIZATION PROJECTS.

    (a) Purpose.--It is the purpose of this section to improve aviation 
safety and enhance mobility of the Nation's air transportation system 
by encouraging non-Federal investment on a pilot program basis in 
critical air traffic control facilities and equipment.
    (b) In General.--Subject to the requirements of this section, the 
Secretary shall carry out a pilot program under which the Secretary may 
make grants to project sponsors for not more than 10 eligible projects.
    (c) Federal Share.--The Federal share of the cost of an eligible 
project carried out under the program shall not exceed 33 percent. The 
non-Federal share of the cost of an eligible project shall be provided 
from non-Federal sources, including revenues collected pursuant to 
section 40117 of title 49, United States Code.
    (d) Limitation on Grant Amounts.--No eligible project may receive 
more than $15,000,000 under the program.
    (e) Funding.--The Secretary shall use amounts appropriated under 
section 48101(a) of title 49, United States Code, for fiscal years 2001 
through 2003 to carry out the program.
    (f) Definitions.--In this section, the following definitions apply:
        (1) Eligible project.--The term ``eligible project'' means a 
    project relating to the Nation's air traffic control system that is 
    certified or approved by the Administrator and that promotes 
    safety, efficiency, or mobility. Such projects may include--
            (A) airport-specific air traffic facilities and equipment, 
        including local area augmentation systems, instrument landings 
        systems, weather and wind shear detection equipment, lighting 
        improvements, and control towers;
            (B) automation tools to effect improvements in airport 
        capacity, including passive final approach spacing tools and 
        traffic management advisory equipment; and
            (C) facilities and equipment that enhance airspace control 
        procedures, including consolidation of terminal radar control 
        facilities and equipment, or assist in en route surveillance, 
        including oceanic and offshore flight tracking.
        (2) Project sponsor.--The term ``project sponsor'' means a 
    public-use airport or a joint venture between a public-use airport 
    and one or more air carriers.
    (g) Transfers of Equipment.--Notwithstanding any other provision of 
law, project sponsors may transfer, without consideration, to the 
Federal Aviation Administration, facilities, equipment, and automation 
tools, the purchase of which was assisted by a grant made under this 
section. The Administration shall accept such facilities, equipment, 
and automation tools, which shall thereafter be operated and maintained 
by the Administration in accordance with criteria of the 
Administration.
    (h) Guidelines.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall issue advisory 
guidelines on the implementation of the program.

SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

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

SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.

    Section 106(f)(3)(A) is amended by adding at the end the following: 
``On February 1 and August 1 of each year the Administrator shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a letter listing each deadline the 
Administrator missed under this subparagraph during the 6-month period 
ending on such date, including an explanation for missing the deadline 
and a projected date on which the action that was subject to the 
deadline will be taken.''.

SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

    (a) Personnel management system.--Section 40122 is amended by 
adding at the end the following:
    ``(g) Personnel Management System.--
        ``(1) In general.--In consultation with the employees of the 
    Administration and such non-governmental experts in personnel 
    management systems as he may employ, and notwithstanding the 
    provisions of title 5 and other Federal personnel laws, the 
    Administrator shall develop and implement, not later than January 
    1, 1996, a personnel management system for the Administration that 
    addresses the unique demands on the agency's workforce. Such a new 
    system shall, at a minimum, provide for greater flexibility in the 
    hiring, training, compensation, and location of personnel.
        ``(2) Applicability of title 5.--The provisions of title 5 
    shall not apply to the new personnel management system developed 
    and implemented pursuant to paragraph (1), with the exception of--
            ``(A) section 2302(b), relating to whistleblower 
        protection, including the provisions for investigation and 
        enforcement as provided in chapter 12 of title 5;
            ``(B) sections 3308-3320, relating to veterans' preference;
            ``(C) chapter 71, relating to labor-management relations;
            ``(D) section 7204, relating to antidiscrimination;
            ``(E) chapter 73, relating to suitability, security, and 
        conduct;
            ``(F) chapter 81, relating to compensation for work injury;
            ``(G) chapters 83-85, 87, and 89, relating to retirement, 
        unemployment compensation, and insurance coverage; and
            ``(H) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.
        ``(3) Appeals to merit systems protection board.--Under the new 
    personnel management system developed and implemented under 
    paragraph (1), an employee of the Administration may submit an 
    appeal to the Merit Systems Protection Board and may seek judicial 
    review of any resulting final orders or decisions of the Board from 
    any action that was appealable to the Board under any law, rule, or 
    regulation as of March 31, 1996.
        ``(4) Effective date.--This subsection shall take effect on 
    April 1, 1996.''.
    (b) Acquisition Management System.--Section 40110 is amended by 
adding at the end the following:
    ``(d) Acquisition Management System.--
        ``(1) In general.--In consultation with such non-governmental 
    experts in acquisition management systems as the Administrator may 
    employ, and notwithstanding provisions of Federal acquisition law, 
    the Administrator shall develop and implement, not later than 
    January 1, 1996, an acquisition management system for the 
    Administration that addresses the unique needs of the agency and, 
    at a minimum, provides for more timely and cost-effective 
    acquisitions of equipment and materials.
        ``(2) Applicability of federal acquisition law.--The following 
    provisions of Federal acquisition law shall not apply to the new 
    acquisition management system developed and implemented pursuant to 
    paragraph (1):
            ``(A) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 252-266).
            ``(B) The Office of Federal Procurement Policy Act (41 
        U.S.C. 401 et seq.).
            ``(C) The Federal Acquisition Streamlining Act of 1994 
        (Public Law 103-355).
            ``(D) The Small Business Act (15 U.S.C. 631 et seq.), 
        except that all reasonable opportunities to be awarded 
        contracts shall be provided to small business concerns and 
        small business concerns owned and controlled by socially and 
        economically disadvantaged individuals.
            ``(E) The Competition in Contracting Act.
            ``(F) Subchapter V of chapter 35 of title 31, relating to 
        the procurement protest system.
            ``(G) The Brooks Automatic Data Processing Act (40 U.S.C. 
        759).
            ``(H) The Federal Acquisition Regulation and any laws not 
        listed in subparagraphs (A) through (G) providing authority to 
        promulgate regulations in the Federal Acquisition Regulation.
        ``(3) Certain provisions of the office of federal procurement 
    policy act.--Notwithstanding paragraph (2)(B), section 27 of the 
    Office of Federal Procurement Policy Act (41 U.S.C. 423) shall 
    apply to the new acquisition management system developed and 
    implemented under paragraph (1) with the following modifications:
            ``(A) Subsections (f) and (g) shall not apply.
            ``(B) Within 90 days after the date of the enactment of the 
        Wendell H. Ford Aviation Investment and Reform Act for the 21st 
        Century, the Administrator shall adopt definitions for the 
        acquisition management system that are consistent with the 
        purpose and intent of the Office of Federal Procurement Policy 
        Act.
            ``(C) After the adoption of those definitions, the 
        criminal, civil, and administrative remedies provided under the 
        Office of Federal Procurement Policy Act apply to the 
        acquisition management system.
            ``(D) In the administration of the acquisition management 
        system, the Administrator may take adverse personnel action 
        under section 27(e)(3)(A)(iv) of the Office of Federal 
        Procurement Policy Act in accordance with the procedures 
        contained in the Administration's personnel management system.
        ``(4) Effective date.--This subsection shall take effect on 
    April 1, 1996.''.
    (c) Conforming Amendments.--
        (1) Section 106.--Section 106(l)(1) is amended by striking 
    ``section 40122(a) of this title and section 347 of Public Law 104-
    50'' and inserting ``subsections (a) and (g) of section 40122''.
        (2) Section 40121.--Section 40121(c)(2) is amended by striking 
    ``section 348(b) of Public Law 104-50'' and inserting ``section 
    40110(d)(2) of this title''.
        (3) Federal aviation reauthorization act of 1996.--Section 
    274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization Act of 
    1996 (49 U.S.C. 40101 note) is amended by striking ``sections 347 
    and 348 of Public Law 104-50'' and inserting ``sections 40110(d) 
    and 40122(g) of title 49, United States Code''.
    (d) Repeal.--Sections 347 and 348 of Public Law 104-50 (109 Stat. 
460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed.

SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

    (a) Mediation.--Section 40122(a)(2) is amended by adding at the end 
the following: ``The 60-day period shall not include any period during 
which Congress has adjourned sine die.''.
    (b) Right To Contest Adverse Personnel Actions.--Section 40122 (as 
amended by section 307(a) of this Act) is further amended by adding at 
the end the following:
    ``(h) Right To Contest Adverse Personnel Actions.--An employee of 
the Federal Aviation Administration who is the subject of a major 
adverse personnel action may contest the action either through any 
contractual grievance procedure that is applicable to the employee as a 
member of the collective bargaining unit or through the 
Administration's internal process relating to review of major adverse 
personnel actions of the Administration, known as Guaranteed Fair 
Treatment, or under section 40122(g)(3).
    ``(i) Election of Forum.--Where a major adverse personnel action 
may be contested through more than one of the indicated forums (such as 
the contractual grievance procedure, the Federal Aviation 
Administration's internal process, or that of the Merit Systems 
Protection Board), an employee must elect the forum through which the 
matter will be contested. Nothing in this section is intended to allow 
an employee to contest an action through more than one forum unless 
otherwise allowed by law.
    ``(j) Definition.--In this section, the term `major adverse 
personnel action' means a suspension of more than 14 days, a reduction 
in pay or grade, a removal for conduct or performance, a 
nondisciplinary removal, a furlough of 30 days or less (but not 
including placement in a nonpay status as the result of a lapse of 
appropriations or an enactment by Congress), or a reduction in force 
action.''.

SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

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

SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT PROJECTS.

    (a) Study.--The Secretary shall conduct a study of Federal 
environmental requirements related to the planning and approval of 
airport improvement projects.
    (b) Contents.--In conducting the study, the Secretary, at a 
minimum, shall assess--
        (1) the current level of coordination among Federal and State 
    agencies in conducting environmental reviews in the planning and 
    approval of airport improvement projects;
        (2) the role of public involvement in the planning and approval 
    of airport improvement projects;
        (3) the staffing and other resources associated with conducting 
    such environmental reviews; and
        (4) the time line for conducting such environmental reviews.
    (c) Consultation.--The Secretary shall conduct the study in 
consultation with the Administrator, the heads of other appropriate 
Federal departments and agencies, airport sponsors, the heads of State 
aviation agencies, representatives of the design and construction 
industry, representatives of employee organizations, and 
representatives of public interest groups.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study, together with recommendations for 
streamlining, if appropriate, the environmental review process in the 
planning and approval of airport improvement projects.

SEC. 311. COST ALLOCATION SYSTEM.

    (a) Report.--Not later than July 9, 2000, the Administrator shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the cost allocation system 
currently under development by the Federal Aviation Administration.
    (b) Contents.--The report shall include a specific date for 
completion and implementation of the cost allocation system throughout 
the Administration and shall also include the timetable and plan for 
the implementation of a cost management system.

SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

    The Administrator shall report to Congress on plans to modernize 
the oceanic air traffic control system, including a budget for the 
program, a determination of the requirements for modernization, and, if 
necessary, a proposal to fund the program.

                      TITLE IV--FAMILY ASSISTANCE

SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

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

SEC. 402. AIR CARRIER PLANS.

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

SEC. 403. FOREIGN AIR CARRIER PLANS.

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

SEC. 404. DEATH ON THE HIGH SEAS.

    (a) Right of Action in Commercial Aviation Accidents.--The first 
section of the Act of March 30, 1920 (46 U.S.C. App. 761; popularly 
known as the ``Death on the High Seas Act'') is amended--
        (1) by inserting ``(a) subject to subsection (b),'' before 
    ``whenever''; and
        (2) by adding at the end the following:
    ``(b) In the case of a commercial aviation accident, whenever the 
death of a person shall be caused by wrongful act, neglect, or default 
occurring on the high seas 12 nautical miles or closer to the shore of 
any State, or the District of Columbia, or the Territories or 
dependencies of the United States, this Act shall not apply and the 
rules applicable under Federal, State, and other appropriate law shall 
apply.''.
    (b) Compensation in Commercial Aviation Accidents.--
Section 2 of such Act (46 U.S.C. App. 762) is amended--
        (1) by inserting ``(a)'' before ``the recovery''; and
        (2) by adding at the end the following:
    ``(b)(1) If the death resulted from a commercial aviation accident 
occurring on the high seas beyond 12 nautical miles from the shore of 
any State, or the District of Columbia, or the Territories or 
dependencies of the United States, additional compensation for 
nonpecuniary damages for wrongful death of a decedent is recoverable. 
Punitive damages are not recoverable.
    ``(2) In this subsection, the term `nonpecuniary damages' means 
damages for loss of care, comfort, and companionship.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to any death occurring after July 16, 1996.

                            TITLE V--SAFETY

SEC. 501. AIRPLANE EMERGENCY LOCATORS.

    (a) Requirement.--Section 44712 is amended--
        (1) in subsection (b) by striking ``Subsection (a) of this 
    section'' and inserting ``Prior to January 1, 2002, subsection 
    (a)'';
        (2) by redesignating subsection (c) as subsection (e); and
        (3) by inserting after subsection (b) the following:
    ``(c) Nonapplication Beginning on January 1, 2002.--
        ``(1) In general.--Subject to paragraph (2), on and after 
    January 1, 2002, subsection (a) does not apply to--
            ``(A) aircraft when used in scheduled flights by scheduled 
        air carriers holding certificates issued by the Secretary of 
        Transportation under subpart II of this part;
            ``(B) aircraft when used in training operations conducted 
        entirely within a 50-mile radius of the airport from which the 
        training operations begin;
            ``(C) aircraft when used in flight operations related to 
        the design and testing, manufacture, preparation, and delivery 
        of aircraft;
            ``(D) aircraft when used in research and development if the 
        aircraft holds a certificate from the Administrator of the 
        Federal Aviation Administration to carry out such research and 
        development;
            ``(E) aircraft when used in showing compliance with 
        regulations, crew training, exhibition, air racing, or market 
        surveys;
            ``(F) aircraft when used in the aerial application of a 
        substance for an agricultural purpose;
            ``(G) aircraft with a maximum payload capacity of more than 
        18,000 pounds when used in air transportation; or
            ``(H) aircraft equipped to carry only one individual.
        ``(2) Delay in implementation.--The Administrator of the 
    Federal Aviation Administration may continue to implement 
    subsection (b) rather than subsection (c) for a period not to 
    exceed 2 years after January 1, 2002, if the Administrator finds 
    such action is necessary to promote--
            ``(A) a safe and orderly transition to the operation of 
        civil aircraft equipped with an emergency locator; or
            ``(B) other safety objectives.
    ``(d) Compliance.--An aircraft meets the requirement of subsection 
(a) if it is equipped with an emergency locator transmitter that 
transmits on the 121.5/243 megahertz frequency or the 406 megahertz 
frequency or with other equipment approved by the Secretary for meeting 
the requirement of subsection (a).''.
    (b) Regulations.--The Secretary shall issue regulations to carry 
out section 44712(c) of title 49, United States Code, as amended by 
this section, not later than January 1, 2001.

SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

    Section 44716 is amended by adding at the end the following:
    ``(g) Cargo Collision Avoidance Systems.--
        ``(1) In general.--The Administrator shall require by 
    regulation that, no later than December 31, 2002, collision 
    avoidance equipment be installed on each cargo aircraft with a 
    maximum certificated takeoff weight in excess of 15,000 kilograms.
        ``(2) Extension of deadline.--The Administrator may extend the 
    deadline established by paragraph (1) by not more than 2 years if 
    the Administrator finds that the extension is needed to promote--
            ``(A) a safe and orderly transition to the operation of a 
        fleet of cargo aircraft equipped with collision avoidance 
        equipment; or
            ``(B) other safety or public interest objectives.
        ``(3) Collision avoidance equipment defined.--In this 
    subsection, the term `collision avoidance equipment' means 
    equipment that provides protection from mid-air collisions using 
    technology that provides--
            ``(A) cockpit-based collision detection and conflict 
        resolution guidance, including display of traffic; and
            ``(B) a margin of safety of at least the same level as 
        provided by the collision avoidance system known as TCAS-II.''.

SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.

    (a) Findings.--Congress finds that--
        (1) collisions between aircraft and birds have resulted in 
    fatal accidents;
        (2) bird strikes pose a special danger to smaller aircraft;
        (3) landfills near airports pose a potential hazard to aircraft 
    operating there because they attract birds;
        (4) even if the landfill is not located in the approach path of 
    the airport's runway, it still poses a hazard because of the birds' 
    ability to fly away from the landfill and into the path of oncoming 
    planes;
        (5) while certain mileage limits have the potential to be 
    arbitrary, keeping landfills at least 6 miles away from an airport, 
    especially an airport served by small planes, is an appropriate 
    minimum requirement for aviation safety; and
        (6) closure of existing landfills (due to concerns about 
    aviation safety) should be avoided because of the likely disruption 
    to those who use and depend on such landfills.
    (b) Limitation on Construction.--Section 44718(d) is amended to 
read as follows:
    ``(d) Limitation on Construction of Landfills.--
        ``(1) In general.--No person shall construct or establish a 
    municipal solid waste landfill (as defined in section 258.2 of 
    title 40, Code of Federal Regulations, as in effect on the date of 
    the enactment of this subsection) that receives putrescible waste 
    (as defined in section 257.3-8 of such title) within 6 miles of a 
    public airport that has received grants under chapter 471 and is 
    primarily served by general aviation aircraft and regularly 
    scheduled flights of aircraft designed for 60 passengers or less 
    unless the State aviation agency of the State in which the airport 
    is located requests that the Administrator of the Federal Aviation 
    Administration exempt the landfill from the application of this 
    subsection and the Administrator determines that such exemption 
    would have no adverse impact on aviation safety.
        ``(2) Limitation on applicability.--Paragraph (1) shall not 
    apply in the State of Alaska and shall not apply to the 
    construction, establishment, expansion, or modification of, or to 
    any other activity undertaken with respect to, a municipal solid 
    waste landfill if the construction or establishment of the landfill 
    was commenced on or before the date of the enactment of this 
    subsection.''.
    (c) Civil Penalty for Violations of Limitation on Construction of 
Landfills.--Section 46301(a)(3) is amended--
        (1) in subparagraph (A) by striking ``or'' at the end;
        (2) in subparagraph (B) by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(C) a violation of section 44718(d), relating to the 
    limitation on construction or establishment of landfills;''.

SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.

    (a) In General.--Chapter 447 is amended by adding at the end the 
following:

``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 every time the part is removed from 
    service or when the part is retired from service.
        ``(5) Any other method approved by the Administrator.
    ``(c) Deadlines.--In conducting the rulemaking proceeding under 
subsection (a), the Administrator shall--
        ``(1) not later than 180 days after the date of the enactment 
    of this section, issue a notice of proposed rulemaking; and
        ``(2) not later than 180 days after the close of the comment 
    period on the proposed rule, issue a final rule.
    ``(d) Prior-Removed Life-Limited Parts.--No rule issued under 
subsection (a) shall require the marking of parts removed from aircraft 
before the effective date of the rules issued under subsection (a), nor 
shall any such rule forbid the installation of an otherwise airworthy 
life-limited part.''.
    (b) Civil Penalty.--Section 46301(a)(3) (as amended by section 
503(c) of this Act) is further amended by adding at the end the 
following:
        ``(D) a violation of section 44725, relating to the safe 
    disposal of life-limited aircraft parts; or''.
    (c) Conforming Amendment.--The analysis for chapter 447 is amended 
by adding at the end the following:
``44725. Life-limited aircraft parts.''.

SEC. 505. COUNTERFEIT AIRCRAFT PARTS.

    (a) Denial; Revocation; Amendment of Certificate.--
        (1) In general.--Chapter 447 is further amended by adding at 
    the end the following:

``Sec. 44726. Denial and revocation of certificate for counterfeit 
            parts violations

    ``(a) Denial of Certificate.--
        ``(1) In general.--Except as provided in paragraph (2) of this 
    subsection and subsection (e)(2), the Administrator of the Federal 
    Aviation Administration may not issue a certificate under this 
    chapter to any person--
            ``(A) convicted in a court of law of a violation of a law 
        of the United States relating to the installation, production, 
        repair, or sale of a counterfeit or fraudulently-represented 
        aviation part or material; or
            ``(B) subject to a controlling or ownership interest of an 
        individual convicted of such a violation.
        ``(2) Exception.--Notwithstanding paragraph (1), the 
    Administrator may issue a certificate under this chapter to a 
    person described in paragraph (1) if issuance of the certificate 
    will facilitate law enforcement efforts.
    ``(b) Revocation of Certificate.--
        ``(1) In general.--Except as provided in subsections (f) and 
    (g), the Administrator shall issue an order revoking a certificate 
    issued under this chapter if the Administrator finds that the 
    holder of the certificate or an individual who has a controlling or 
    ownership interest in the holder--
            ``(A) was convicted in a court of law of a violation of a 
        law of the United States relating to the installation, 
        production, repair, or sale of a counterfeit or fraudulently-
        represented aviation part or material; or
            ``(B) knowingly, and with the intent to defraud, carried 
        out or facilitated an activity punishable under a law described 
        in paragraph (1)(A).
        ``(2) No authority to review violation.--In carrying out 
    paragraph (1), the Administrator may not review whether a person 
    violated a law described in paragraph (1)(A).
    ``(c) Notice Requirement.--Before the Administrator revokes a 
certificate under subsection (b), the Administrator shall--
        ``(1) advise the holder of the certificate of the reason for 
    the revocation; and
        ``(2) provide the holder of the certificate an opportunity to 
    be heard on why the certificate should not be revoked.
    ``(d) Appeal.--The provisions of section 44710(d) apply to the 
appeal of a revocation order under subsection (b). For the purpose of 
applying that section to the appeal, `person' shall be substituted for 
`individual' each place it appears.
    ``(e) Acquittal or Reversal.--
        ``(1) In general.--The Administrator may not revoke, and the 
    National Transportation Safety Board may not affirm a revocation 
    of, a certificate under subsection (b)(1)(B) if the holder of the 
    certificate or the individual referred to in subsection (b)(1) is 
    acquitted of all charges directly related to the violation.
        ``(2) Reissuance.--The Administrator may reissue a certificate 
    revoked under subsection (b) of this section to the former holder 
    if--
            ``(A) the former holder otherwise satisfies the 
        requirements of this chapter for the certificate; and
            ``(B)(i) the former holder or the individual referred to in 
        subsection (b)(1), is acquitted of all charges related to the 
        violation on which the revocation was based; or
            ``(ii) the conviction of the former holder or such 
        individual of the violation on which the revocation was based 
        is reversed.
    ``(f) Waiver.--The Administrator may waive revocation of a 
certificate under subsection (b) if--
        ``(1) a law enforcement official of the United States 
    Government requests a waiver; and
        ``(2) the waiver will facilitate law enforcement efforts.
    ``(g) Amendment of Certificate.--If the holder of a certificate 
issued under this chapter is other than an individual and the 
Administrator finds that--
        ``(1) an individual who had a controlling or ownership interest 
    in the holder committed a violation of a law for the violation of 
    which a certificate may be revoked under this section or knowingly, 
    and with intent to defraud, carried out or facilitated an activity 
    punishable under such a law; and
        ``(2) the holder satisfies the requirements for the certificate 
    without regard to that individual,
then the Administrator may amend the certificate to impose a limitation 
that the certificate will not be valid if that individual has a 
controlling or ownership interest in the holder. A decision by the 
Administrator under this subsection is not reviewable by the Board.''.
        (2) Conforming amendment.--The analysis for such chapter is 
    further amended by adding at the end the following:
``44726. Denial and revocation of certificate for counterfeit parts 
          violations.''.

    (b) Prohibition on Employment.--Section 44711 is amended by adding 
at the end the following:
    ``(c) Prohibition on Employment of Convicted Counterfeit Part 
Traffickers.--No person subject to this chapter may knowingly employ 
anyone to perform a function related to the procurement, sale, 
production, or repair of a part or material, or the installation of a 
part into a civil aircraft, who has been convicted in a court of law of 
a violation of any Federal law relating to the installation, 
production, repair, or sale of a counterfeit or fraudulently-
represented aviation part or material.''.

SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE 
              PARTS IN INTERSTATE OR FOREIGN COMMERCE.

    (a) Short Title.--This section may be cited as the ``Aircraft 
Safety Act of 2000''.
    (b) Definitions.--Section 31 of title 18, United States Code, is 
amended by striking all after the section heading and inserting the 
following:
    ``(a) Definitions.--In this chapter, the following definitions 
apply:
        ``(1) Aircraft.--The term `aircraft' means a civil, military, 
    or public contrivance invented, used, or designed to navigate, fly, 
    or travel in the air.
        ``(2) Aviation quality.--The term `aviation quality', with 
    respect to a part of an aircraft or space vehicle, means the 
    quality of having been manufactured, constructed, produced, 
    maintained, repaired, overhauled, rebuilt, reconditioned, or 
    restored in conformity with applicable standards specified by law 
    (including applicable regulations).
        ``(3) Destructive substance.--The term `destructive substance' 
    means an explosive substance, flammable material, infernal machine, 
    or other chemical, mechanical, or radioactive device or matter of a 
    combustible, contaminative, corrosive, or explosive nature.
        ``(4) In flight.--The term `in flight' means--
            ``(A) any time from the moment at which all the external 
        doors of an aircraft are closed following embarkation until the 
        moment when any such door is opened for disembarkation; and
            ``(B) in the case of a forced landing, until competent 
        authorities take over the responsibility for the aircraft and 
        the persons and property on board.
        ``(5) In service.--The term `in service' means--
            ``(A) any time from the beginning of preflight preparation 
        of an aircraft by ground personnel or by the crew for a 
        specific flight until 24 hours after any landing; and
            ``(B) in any event includes the entire period during which 
        the aircraft is in flight.
        ``(6) Motor vehicle.--The term `motor vehicle' means every 
    description of carriage or other contrivance propelled or drawn by 
    mechanical power and used for commercial purposes on the highways 
    in the transportation of passengers, passengers and property, or 
    property or cargo.
        ``(7) Part.--The term `part' means a frame, assembly, 
    component, appliance, engine, propeller, material, part, spare 
    part, piece, section, or related integral or auxiliary equipment.
        ``(8) Space vehicle.--The term `space vehicle' means a man-made 
    device, either manned or unmanned, designed for operation beyond 
    the Earth's atmosphere.
        ``(9) State.--The term `State' means a State of the United 
    States, the District of Columbia, and any commonwealth, territory, 
    or possession of the United States.
        ``(10) Used for commercial purposes.--The term `used for 
    commercial purposes' means the carriage of persons or property for 
    any fare, fee, rate, charge or other consideration, or directly or 
    indirectly in connection with any business, or other undertaking 
    intended for profit.
    ``(b) Terms Defined in Other Law.--In this chapter, the terms 
`aircraft engine', `air navigation facility', `appliance', `civil 
aircraft', `foreign air commerce', `interstate air commerce', `landing 
area', `overseas air commerce', `propeller', `spare part', and `special 
aircraft jurisdiction of the United States' have the meanings given 
those terms in sections 40102(a) and 46501 of title 49.''.
    (c) Fraud.--
        (1) In general.--Chapter 2 of title 18, United States Code, is 
    amended by adding at the end the following:

``Sec. 38. Fraud involving aircraft or space vehicle parts in 
            interstate or foreign commerce

    ``(a) Offenses.--Whoever, in or affecting interstate or foreign 
commerce, knowingly and with the intent to defraud--
        ``(1)(A) falsifies or conceals a material fact concerning any 
    aircraft or space vehicle part;
        ``(B) makes any materially fraudulent representation concerning 
    any aircraft or space vehicle part; or
        ``(C) makes or uses any materially false writing, entry, 
    certification, document, record, data plate, label, or electronic 
    communication concerning any aircraft or space vehicle part;
        ``(2) exports from or imports or introduces into the United 
    States, sells, trades, installs on or in any aircraft or space 
    vehicle any aircraft or space vehicle part using or by means of a 
    fraudulent representation, document, record, certification, 
    depiction, data plate, label, or electronic communication; or
        ``(3) attempts or conspires to commit an offense described in 
    paragraph (1) or (2),
shall be punished as provided in subsection (b).
    ``(b) Penalties.--The punishment for an offense under subsection 
(a) is as follows:
        ``(1) Aviation quality.--If the offense relates to the aviation 
    quality of a part and the part is installed in an aircraft or space 
    vehicle, a fine of not more than $500,000, imprisonment for not 
    more than 15 years, or both.
        ``(2) Failure to operate as represented.--If, by reason of the 
    failure of the part to operate as represented, the part to which 
    the offense is related is the proximate cause of a malfunction or 
    failure that results in serious bodily injury (as defined in 
    section 1365), a fine of not more than $1,000,000, imprisonment for 
    not more than 20 years, or both.
        ``(3) Failure resulting in death.--If, by reason of the failure 
    of the part to operate as represented, the part to which the 
    offense is related is the proximate cause of a malfunction or 
    failure that results in the death of any person, a fine of not more 
    than $1,000,000, imprisonment for any term of years or life, or 
    both.
        ``(4) Other circumstances.--In the case of an offense under 
    subsection (a) not described in paragraph (1), (2), or (3) of this 
    subsection, a fine under this title, imprisonment for not more than 
    10 years, or both.
        ``(5) Organizations.--If the offense is committed by an 
    organization, a fine of not more than--
            ``(A) $10,000,000 in the case of an offense described in 
        paragraph (1) or (4); and
            ``(B) $20,000,000 in the case of an offense described in 
        paragraph (2) or (3).
    ``(c) Civil Remedies.--
        ``(1) In general.--The district courts of the United States 
    shall have jurisdiction to prevent and restrain violations of this 
    section by issuing appropriate orders, including--
            ``(A) ordering a person (convicted of an offense under this 
        section) to divest any interest, direct or indirect, in any 
        enterprise used to commit or facilitate the commission of the 
        offense, or to destroy, or to mutilate and sell as scrap, 
        aircraft material or part inventories or stocks;
            ``(B) imposing reasonable restrictions on the future 
        activities or investments of any such person, including 
        prohibiting engagement in the same type of endeavor as used to 
        commit the offense; and
            ``(C) ordering the dissolution or reorganization of any 
        enterprise knowingly used to commit or facilitate the 
        commission of an offense under this section making due 
        provisions for the rights and interests of innocent persons.
        ``(2) Restraining orders and prohibition.--Pending final 
    determination of a proceeding brought under this section, the court 
    may enter such restraining orders or prohibitions, or take such 
    other actions (including the acceptance of satisfactory performance 
    bonds) as the court deems proper.
        ``(3) Estoppel.--A final judgment rendered in favor of the 
    United States in any criminal proceeding brought under this section 
    shall stop the defendant from denying the essential allegations of 
    the criminal offense in any subsequent civil proceeding brought by 
    the United States.
    ``(d) Criminal Forfeiture.--
        ``(1) In general.--The court, in imposing sentence on any 
    person convicted of an offense under this section, shall order, in 
    addition to any other sentence and irrespective of any provision of 
    State law, that the person forfeit to the United States--
            ``(A) any property constituting, or derived from, any 
        proceeds that the person obtained, directly or indirectly, as a 
        result of the offense; and
            ``(B) any property used, or intended to be used in any 
        manner, to commit or facilitate the commission of the offense, 
        if the court in its discretion so determines, taking into 
        consideration the nature, scope, and proportionality of the use 
        of the property on the offense.
        ``(2) Application of other law.--The forfeiture of property 
    under this section, including any seizure and disposition of the 
    property, and any proceedings relating to the property, shall be 
    governed by section 413 of the Comprehensive Drug Abuse and 
    Prevention Act of 1970 (21 U.S.C. 853) (not including subsection 
    (d) of that section).
    ``(e) Construction With Other Law.--This section does not preempt 
or displace any other remedy, civil or criminal, provided by Federal or 
State law for the fraudulent importation, sale, trade, installation, or 
introduction into commerce of an aircraft or space vehicle part.
    ``(f) Territorial Scope.--This section also applies to conduct 
occurring outside the United States if--
        ``(1) the offender is a natural person who is a citizen or 
    permanent resident alien of the United States, or an organization 
    organized under the laws of the United States or political 
    subdivision thereof;
        ``(2) the aircraft or spacecraft part as to which the violation 
    relates was installed in an aircraft or space vehicle owned or 
    operated at the time of the offense by a citizen or permanent 
    resident alien of the United States, or by an organization thereof; 
    or
        ``(3) an act in furtherance of the offense was committed in the 
    United States.''.
        (2) Conforming amendments.--
            (A) Chapter analysis.--The analysis for chapter 2 of title 
        18, United States Code, is amended by adding at the end the 
        following:
``38. Fraud involving aircraft or space vehicle parts in interstate or 
          foreign commerce.''.

            (B) Wire and electronic communications.--Section 2516(1)(c) 
        of title 18, United States Code, is amended by inserting 
        ``section 38 (relating to aircraft parts fraud),'' after 
        ``section 32 (relating to destruction of aircraft or aircraft 
        facilities),''.

SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

    Section 46312 is amended--
        (1) by inserting ``(a) In General.--'' before ``A person''; and
        (2) by adding at the end the following:
    ``(b) Knowledge of Regulations.--For purposes of subsection (a), 
knowledge by the person of the existence of a regulation or requirement 
related to the transportation of hazardous material prescribed by the 
Secretary under this part is not an element of an offense under this 
section but shall be considered in mitigation of the penalty.''.

SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

    (a) Flexibility To Perform Criminal History Record Checks.--Section 
44936(a)(1)(C) is amended--
        (1) in clause (iii) by striking ``or'';
        (2) in clause (iv) by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(v) the Administrator decides it is necessary to ensure air 
    transportation security with respect to passenger, baggage, or 
    property screening at airports.''.
    (b) Records of Employment of Pilot Applicants.--Section 44936(f) is 
amended--
        (1) in paragraph (1)(B) by inserting ``(except a branch of the 
    United States Armed Forces, the National Guard, or a reserve 
    component of the United States Armed Forces)'' after ``person'' the 
    first place it appears;
        (2) in paragraph (1)(B)(ii) by striking ``individual'' the 
    first place it appears and inserting ``individual's performance as 
    a pilot'';
        (3) in paragraph (5) by striking the period at the end of the 
    first sentence and inserting ``; except that, for purposes of 
    paragraph (15), the Administrator may allow an individual 
    designated by the Administrator to accept and maintain written 
    consent on behalf of the Administrator for records requested under 
    paragraph (1)(A).'';
        (4) in paragraph (13)--
            (A) by striking ``may'' and inserting ``shall''; and
            (B) before the semicolon in subparagraph (A)(i) insert 
        ``and disseminated under paragraph (15)'';
        (5) in paragraph (14)(B) by inserting ``or from a foreign 
    government or entity that employed the individual'' after 
    ``exists''; and
        (6) by adding at the end the following:
        ``(15) Electronic access to faa records.--For the purpose of 
    increasing timely and efficient access to Federal Aviation 
    Administration records described in paragraph (1), the 
    Administrator may allow, under terms established by the 
    Administrator, an individual designated by the air carrier to have 
    electronic access to a specified database containing information 
    about such records. The terms shall limit such access to instances 
    in which information in the database is required by the designated 
    individual in making a hiring decision concerning a pilot applicant 
    and shall require that the designated individual provide assurances 
    satisfactory to the Administrator that information obtained using 
    such access will not be used for any purpose other than making the 
    hiring decision.''.

SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION 
              WITHOUT AN AIRMAN'S CERTIFICATE.

    (a) In General.--Chapter 463 is amended by adding at the end the 
following:

``Sec. 46317. Criminal penalty for pilots operating in air 
            transportation without an airman's certificate

    ``(a) General Criminal Penalty.--An individual shall be fined under 
title 18 or imprisoned for not more than 3 years, or both, if that 
individual--
        ``(1) knowingly and willfully serves or attempts to serve in 
    any capacity as an airman operating an aircraft in air 
    transportation without an airman's certificate authorizing the 
    individual to serve in that capacity; or
        ``(2) knowingly and willfully employs for service or uses in 
    any capacity as an airman to operate an aircraft in air 
    transportation an individual who does not have an airman's 
    certificate authorizing the individual to serve in that capacity.
    ``(b) Controlled Substance Criminal Penalty.--
        ``(1) Controlled substances defined.--In this subsection, the 
    term `controlled substance' has the meaning given that term in 
    section 102 of the Comprehensive Drug Abuse Prevention and Control 
    Act of 1970 (21 U.S.C. 802).
        ``(2) Criminal penalty.--An individual violating subsection (a) 
    shall be fined under title 18 or imprisoned for not more than 5 
    years, or both, if the violation is related to transporting a 
    controlled substance by aircraft or aiding or facilitating a 
    controlled substance violation and that transporting, aiding, or 
    facilitating--
            ``(A) is punishable by death or imprisonment of more than 1 
        year under a Federal or State law; or
            ``(B) is related to an act punishable by death or 
        imprisonment for more than 1 year under a Federal or State law 
        related to a controlled substance (except a law related to 
        simple possession (as that term is used in section 46306(c)) of 
        a controlled substance).
        ``(3) Terms of imprisonment.--A term of imprisonment imposed 
    under paragraph (2) shall be served in addition to, and not 
    concurrently with, any other term of imprisonment imposed on the 
    individual subject to the imprisonment.''.
    (b) Conforming Amendment.--The analysis for chapter 463 is amended 
by adding at the end the following:
``46317. Criminal penalty for pilots operating in air transportation 
          without an airman's certificate.''.

SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 60 days after the date of the enactment of this Act, 
the Administrator shall issue a notice of proposed rulemaking to 
develop procedures to protect air carriers and their employees from 
enforcement actions for violations of title 14, Code of Federal 
Regulations, (other than criminal or deliberate acts) that are reported 
or discovered as a result of voluntary reporting programs, such as the 
Flight Operations Quality Assurance Program and the Aviation Safety 
Action Program.

SEC. 511. PENALTIES FOR UNRULY PASSENGERS.

    (a) In General.--Chapter 463 (as amended by section 509 of this 
Act) is further amended by adding at the end the following:

``Sec. 46318. Interference with cabin or flight crew

    ``(a) General Rule.--An individual who physically assaults or 
threatens to physically assault a member of the flight crew or cabin 
crew of a civil aircraft or any other individual on the aircraft, or 
takes any action that poses an imminent threat to the safety of the 
aircraft or other individuals on the aircraft is liable to the United 
States Government for a civil penalty of not more than $25,000.
    ``(b) Compromise and Setoff.--
        ``(1) Compromise.--The Secretary may compromise the amount of a 
    civil penalty imposed under this section.
        ``(2) Setoff.--The United States Government may deduct the 
    amount of a civil penalty imposed or compromised under this section 
    from amounts the Government owes the person liable for the 
    penalty.''.
    (b) Conforming Amendment.--The analysis for chapter 463 is further 
amended by adding at the end the following:
``46318. Interference with cabin or flight crew.''.

SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section, the following definitions apply:
        (1) Aircraft.--The term ``aircraft'' has the meaning given that 
    term in section 40102 of title 49, United States Code.
        (2) Air transportation.--The term ``air transportation'' has 
    the meaning given that term in such section.
        (3) Program.--The term ``program'' means the program 
    established under subsection (b)(1)(A).
    (b) Establishment of a Program To Deputize Local Law Enforcement 
Officers.--
        (1) In general.--The Attorney General may--
            (A) establish a program under which the Attorney General 
        may deputize State and local law enforcement officers having 
        jurisdiction over airports and airport authorities as Deputy 
        United States Marshals for the limited purpose of enforcing 
        Federal laws that regulate security on board aircraft, 
        including laws relating to violent, abusive, or disruptive 
        behavior by passengers in air transportation; and
            (B) encourage the participation of law enforcement officers 
        of State and local governments in the program.
        (2) Consultation.--In establishing the program, the Attorney 
    General shall consult with appropriate officials of--
            (A) the United States Government (including the 
        Administrator or a designated representative of the 
        Administrator); and
            (B) State and local governments in any geographic area in 
        which the program may operate.
        (3) Training and background of law enforcement 
    officers.--
            (A) In general.--Under the program, to qualify to serve as 
        a Deputy United States Marshal under the program, a State or 
        local law enforcement officer shall--
                (i) meet the minimum background and training 
            requirements for a law enforcement officer under part 107 
            of title 14, Code of Federal Regulations (or equivalent 
            requirements established by the Attorney General); and
                (ii) receive approval to participate in the program 
            from the State or local law enforcement agency that is the 
            employer of that law enforcement officer.
            (B) Training not federal responsibility.--The United States 
        Government shall not be responsible for providing to a State or 
        local law enforcement officer the training required to meet the 
        training requirements under subparagraph (A)(i). Nothing in 
        this subsection may be construed to grant any such law 
        enforcement officer the right to attend any institution of the 
        United States Government established to provide training to law 
        enforcement officers of the United States Government.
    (c) Powers and Status of Deputized Law Enforcement Officers.--
        (1) In general.--Subject to paragraph (2), a State or local law 
    enforcement officer that is deputized as a Deputy United States 
    Marshal under the program may arrest and apprehend an individual 
    suspected of violating any Federal law described in subsection 
    (b)(1)(A), including any individual who violates a provision 
    subject to a civil penalty under section 46301 of title 49, United 
    States Code, or section 46302, 46303, 46318, 46504, 46505, or 46507 
    of that title, or who commits an act described in section 46506 of 
    that title.
        (2) Limitation.--The powers granted to a State or local law 
    enforcement officer deputized under the program shall be limited to 
    enforcing Federal laws relating to security on board aircraft in 
    flight.
        (3) Status.--A State or local law enforcement officer that is 
    deputized as a Deputy United States Marshal under the program shall 
    not--
            (A) be considered to be an employee of the United States 
        Government; or
            (B) receive compensation from the United States Government 
        by reason of service as a Deputy United States Marshal under 
        the program.
    (d) Statutory Construction.--Nothing in this section may be 
construed to--
        (1) grant a State or local law enforcement officer that is 
    deputized under the program the power to enforce any Federal law 
    that is not described in subsection (c); or
        (2) limit the authority that a State or local law enforcement 
    officer may otherwise exercise in the officer's capacity under any 
    other applicable State or Federal law.
    (e) Regulations.--The Attorney General may promulgate such 
regulations as may be necessary to carry out this section.
    (f) Notification of Congress.--Not later than 90 days after the 
date of the enactment of this Act, the Attorney General shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on whether or not the Attorney General 
intends to establish the program authorized by this section.

SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.

    (a) Report.--Not later than August 1, 2000, the Administrator shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the progress of the Federal 
Aviation Administration in implementing the air transportation 
oversight system, including in detail the training of inspectors under 
the system, the number of inspectors using the system, air carriers 
subject to the system, and the budget for the system.
    (b) Required Contents.--At a minimum, the report shall indicate--
        (1) any funding or staffing constraints that would adversely 
    impact the Administration's ability to continue to develop and 
    implement the air transportation oversight system;
        (2) progress in integrating the aviation safety data derived 
    from such system's inspections with existing aviation data of the 
    Administration in the safety performance analysis system of the 
    Administration; and
        (3) the Administration's efforts in collaboration with the 
    aviation industry to develop and validate safety performance 
    measures and appropriate risk weightings for such system.
    (c) Update.--Not later than August 1, 2002, the Administrator shall 
update the report submitted under this section and transmit the updated 
report to the committees referred to in subsection (a).

SEC. 514. RUNWAY SAFETY AREAS.

    (a) Eligibility.--Section 47102(3)(B) (as amended by section 122 of 
this Act) is further amended by adding at the end the following:
                ``(ix) engineered materials arresting systems as 
            described in the Advisory Circular No. 150/5220-22 
            published by the Federal Aviation Administration on August 
            21, 1998, including any revision to the circular.''.
    (b) Solicitation of Comments.--Not later than 6 months after the 
date of the enactment of this Act, the Administrator shall solicit 
comments on the need for the improvement of runway safety areas through 
the use of engineered materials arresting systems, longer runways, and 
such other techniques as the Administrator considers appropriate.
    (c) Grants for Engineered Materials Arresting Systems.--In making 
grants under section 47104 of title 49, United States Code, for 
engineered materials arresting systems, the Secretary shall require the 
sponsor to demonstrate that the effects of jet blasts have been 
adequately considered.
    (d) Grants for Runway Rehabilitation.--In any case in which an 
airport's runways are constrained by physical conditions, the Secretary 
shall consider alternative means for ensuring runway safety (other than 
a safety overrun area) when prescribing conditions for grants for 
runway rehabilitation.

SEC. 515. PRECISION APPROACH PATH INDICATORS.

    Not later than 6 months after the date of the enactment of this 
Act, the Administrator shall solicit comments on the need for the 
installation of precision approach path indicators.

SEC. 516. AIRCRAFT DISPATCHERS.

    (a) Study.--The Administrator shall conduct a study of the role of 
aircraft dispatchers in enhancing aviation safety.
    (b) Contents.--The study shall include an assessment of whether or 
not aircraft dispatchers should be required for those operations not 
presently requiring aircraft dispatcher assistance, operational control 
issues related to the aircraft dispatching functions, and whether or 
not designation of positions within the Federal Aviation Administration 
for oversight of dispatchers would enhance aviation safety.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study conducted under this section.

SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS.

    The Administrator shall form a partnership with industry and labor 
to develop a model program to improve the curricula, teaching methods, 
and quality of instructors for training individuals that need 
certification as airframe and powerplant mechanics.

SEC. 518. SMALL AIRPORT CERTIFICATION.

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

SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``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 $1,000.
        ``(4) Review.--
            ``(A) Appeal to court of appeals.--Any person adversely 
        affected or aggrieved by an order issued under paragraph (3) 
        may obtain review of the order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred or the circuit 
        in which the complainant resided on the date of such violation. 
        The petition for review must be filed not later than 60 days 
        after the date of the issuance of the final order of the 
        Secretary of Labor. Review shall conform to chapter 7 of title 
        5, United States Code. The commencement of proceedings under 
        this subparagraph shall not, unless ordered by the court, 
        operate as a stay of the order.
            ``(B) Limitation on collateral attack.--An order of the 
        Secretary of Labor with respect to which review could have been 
        obtained under subparagraph (A) shall not be subject to 
        judicial review in any criminal or other civil proceeding.
        ``(5) Enforcement of order by secretary of labor.--Whenever any 
    person has failed to comply with an order issued under paragraph 
    (3), the Secretary of Labor may file a civil action in the United 
    States district court for the district in which the violation was 
    found to occur to enforce such order. In actions brought under this 
    paragraph, the district courts shall have jurisdiction to grant all 
    appropriate relief including, but not limited to, injunctive relief 
    and compensatory damages.
        ``(6) Enforcement of order by parties.--
            ``(A) Commencement of action.--A person on whose behalf an 
        order was issued under paragraph (3) may commence a civil 
        action against the person to whom such order was issued to 
        require compliance with such order. The appropriate United 
        States district court shall have jurisdiction, without regard 
        to the amount in controversy or the citizenship of the parties, 
        to enforce such order.
            ``(B) Attorney fees.--The court, in issuing any final order 
        under this paragraph, may award costs of litigation (including 
        reasonable attorney and expert witness fees) to any party 
        whenever the court determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
    ``(d) Nonapplicability to Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of an air 
carrier, contractor, or subcontractor who, acting without direction 
from such air carrier, contractor, or subcontractor (or such person's 
agent), deliberately causes a violation of any requirement relating to 
air carrier safety under this subtitle or any other law of the United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The analysis for chapter 421 is amended 
by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

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

SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

    (a) Study.--The Administrator shall conduct a study to determine 
the number of persons working at airports who are injured or killed as 
a result of being struck by a moving vehicle while on an airport 
tarmac, the seriousness of the injuries to such persons, and whether or 
not reflective safety vests or other actions should be required to 
enhance the safety of such workers.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study conducted under this section.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

    Effective October 1, 2000, there are transferred to the Federal 
Aviation Administration and vested in the Administrator the functions, 
powers, and duties of the Secretary of Commerce and other officers of 
the Department of Commerce that relate to the Office of Aeronautical 
Charting and Cartography and are set forth in section 44721 of title 
49, United States Code.

SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.

    (a) Transfer of Office.--Effective October 1, 2000, the Office of 
Aeronautical Charting and Cartography of the National Oceanic and 
Atmospheric Administration, Department of Commerce, is transferred to 
the Federal Aviation Administration.
    (b) Other Transfers.--Effective October 1, 2000, the personnel 
employed in connection with, and the assets, liabilities, contracts, 
property, equipment, facilities, records, and unexpended balance of 
appropriations, and other funds employed, held, used, arising from, 
available to, or to be made available in connection with the function 
and offices, or portions of offices, transferred by this title, 
including all Senior Executive Service positions, subject to section 
1531 of title 31, United States Code, are transferred to the 
Administrator of the Federal Aviation Administration for appropriate 
allocation. Personnel employed in connection with functions transferred 
by this title transfer under any applicable law and regulation relating 
to transfer of functions. Unexpended funds transferred under this 
section shall be used only for the purposes for which the funds were 
originally authorized and appropriated, except that funds may be used 
for expenses associated with the transfer authorized by this title.

SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 44721 is amended to read as follows:

``Sec. 44721. Aeronautical charts and related products and services

    ``(a) Publication.--
        ``(1) In general.--The Administrator of the Federal Aviation 
    Administration may arrange for the publication of aeronautical maps 
    and charts necessary for the safe and efficient movement of 
    aircraft in air navigation, using the facilities and assistance of 
    departments, agencies, and instrumentalities of the United States 
    Government as far as practicable.
        ``(2) Navigation routes.--In carrying out paragraph (1), the 
    Administrator shall update and arrange for the publication of 
    clearly defined routes for navigating through a complex terminal 
    airspace area and to and from an airport located in such an area, 
    if the Administrator decides that publication of the routes would 
    promote safety in air navigation. The routes shall be developed in 
    consultation with pilots and other users of affected airports and 
    shall be for the optional use of pilots operating under visual 
    flight rules.
    ``(b) Indemnification.--The Government shall make an agreement to 
indemnify any person that publishes a map or chart for use in 
aeronautics from any part of a claim arising out of the depiction by 
the person on the map or chart of a defective or deficient flight 
procedure or airway if the flight procedure or airway was--
        ``(1) prescribed by the Administrator;
        ``(2) depicted accurately on the map or chart; and
        ``(3) not obviously defective or deficient.
    ``(c) Authority of Office of Aeronautical Charting and 
Cartography.--Effective October 1, 2000, the Administrator is vested 
with and shall exercise the functions, powers, and duties of the 
Secretary of Commerce and other officers of the Department of Commerce 
that relate to the Office of Aeronautical Charting and Cartography to 
provide aeronautical charts and related products and services for the 
safe and efficient navigation of air commerce, under the following 
authorities:
        ``(1) Sections 1 through 9 of the Act entitled `An Act to 
    define the functions and duties of the Coast and Geodetic Survey, 
    and for other purposes', approved August 6, 1947, (33 U.S.C. 883a-
    883h).
        ``(2) Section 6082 of the Consolidated Omnibus Budget 
    Reconciliation Act of 1985 (33 U.S.C. 883j).
        ``(3) Section 1307 of title 44, United States Code.
        ``(4) The provision of title II of the Departments of Commerce, 
    Justice, and State, the Judiciary, and Related Agencies 
    Appropriations Act, 1995 under the heading `National Oceanic and 
    Atmospheric Administration' relating to aeronautical charts (44 
    U.S.C. 1307 note).
    ``(d) Authority.--In order that full public benefit may be derived 
from the dissemination of data resulting from activities under this 
section and of related data from other sources, the Administrator may--
        ``(1) develop, process, disseminate and publish digital and 
    analog data, information, compilations, and reports;
        ``(2) compile, print, and disseminate aeronautical charts and 
    related products and services of the United States and its 
    territories and possessions;
        ``(3) compile, print, and disseminate aeronautical charts and 
    related products and services covering international airspace as 
    are required primarily by United States civil aviation; and
        ``(4) compile, print, and disseminate nonaeronautical 
    navigational, transportation or public-safety-related products and 
    services when in the best interests of the Government.
    ``(e) Contracts, Cooperative Agreements, Grants, and Other 
Agreements.--
        ``(1) Contracts.--The Administrator is authorized to contract 
    with qualified organizations for the performance of any part of the 
    authorized functions of the Office of Aeronautical Charting and 
    Cartography when the Administrator deems such procedure to be in 
    the public interest and will not compromise public safety.
        ``(2) Cooperative agreements, grants, and other agreements.--
    The Administrator is authorized to enter into cooperative 
    agreements, grants, reimbursable agreements, memoranda of 
    understanding and other agreements, with a State, subdivision of a 
    State, Federal agency, public or private organization, or 
    individual, to carry out the purposes of this section.
    ``(f) Special Services and Products.--
        ``(1) In general.--The Administrator is authorized, at the 
    request of a State, subdivision of a State, Federal agency, public 
    or private organization, or individual, to conduct special 
    services, including making special studies, or developing special 
    publications or products on matters relating to navigation, 
    transportation, or public safety.
        ``(2) Fees.--The Administrator shall assess a fee for any 
    special service provided under paragraph (1). A fee shall be not 
    more than the actual or estimated full cost of the service. A fee 
    may be reduced or waived for research organizations, educational 
    organizations, or non-profit organizations, when the Administrator 
    determines that reduction or waiver of the fee is in the best 
    interest of the Government by furthering public safety.
    ``(g) Sale and Dissemination of Aeronautical Products.--
        ``(1) In general.--Aeronautical products created or maintained 
    under the authority of this section shall be sold at prices 
    established annually by the Administrator consistent with the 
    following:
            ``(A) Maximum price.--Subject to subparagraph (B), the 
        price of an aeronautical product sold to the public shall be 
        not more than necessary to recover all costs attributable to: 
        (i) data base management and processing; (ii) compilation; 
        (iii) printing or other types of reproduction; and (iv) 
        dissemination of the product.
            ``(B) Adjustment of price.--The Administrator shall adjust 
        the price of an aeronautical product and service sold to the 
        public as necessary to avoid any adverse impact on aviation 
        safety attributable to the price specified under this 
        paragraph.
            ``(C) Costs attributable to acquisition of aeronautical 
        data.--A price established under this paragraph may not include 
        costs attributable to the acquisition of aeronautical data.
        ``(2) Publication of prices.--The Administrator shall publish 
    annually the prices at which aeronautical products are sold to the 
    public.
        ``(3) Distribution.--The Administrator may distribute 
    aeronautical products and provide aeronautical services--
             ``(A) without charge to each foreign government or 
        international organization with which the Administrator or a 
        Federal department or agency has an agreement for exchange of 
        these products or services without cost;
             ``(B) at prices the Administrator establishes, to the 
        departments and officers of the United States requiring them 
        for official use; and
             ``(C) at reduced or no charge where, in the judgment of 
        the Administrator, furnishing the aeronautical product or 
        service to a recipient is a reasonable exchange for voluntary 
        contribution of information by the recipient to the activities 
        under this section.
        ``(4) Fees.--The fees provided for in this subsection are for 
    the purpose of reimbursing the Government for the costs of 
    creating, printing and disseminating aeronautical products and 
    services under this section. The collection of fees authorized by 
    this section does not alter or expand any duty or liability of the 
    Government under existing law for the performance of functions for 
    which fees are collected, nor does the collection of fees 
    constitute an express or implied undertaking by the Government to 
    perform any activity in a certain manner.''.
    (b) Conforming Amendment.--The chapter analysis of chapter 447 is 
amended by striking the item relating to section 44721 and inserting 
the following:
``44721. Aeronautical charts and related products and services.''.

SEC. 604. SAVINGS PROVISION.

    (a) Continued Effectiveness of Directives.--All orders, 
determinations, rules, regulations, permits, contracts, certificates, 
licenses, privileges, and financial assistance that--
        (1) have been issued, made, granted, or allowed to become 
    effective by the President of the United States, the Secretary of 
    Commerce, the Administrator of the National Oceanic and Atmospheric 
    Administration, any Federal agency or official thereof, or by a 
    court of competent jurisdiction, in the performance of functions 
    which are transferred by this title; and
         (2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President of the United States, the Administrator of the Federal 
Aviation Administration, a court of competent jurisdiction, or by 
operation of law.
    (b) Continued Effectiveness of Pending Actions.--
        (1) In general.--The provisions of this title shall not affect 
    any proceedings, including notices of proposed rulemaking, or any 
    application for any license, permit, certificate, or financial 
    assistance pending on the date of transfer before the Department of 
    Commerce or the National Oceanic and Atmospheric Administration, or 
    any officer of such Department or Administration, with respect to 
    functions transferred by this title, but such proceedings or 
    applications, to the extent that they relate to functions 
    transferred, shall be continued in accord with transition 
    guidelines promulgated by the Administrator of the Federal Aviation 
    Administration under the authority of this section. Orders issued 
    in any such proceedings shall continue in effect until modified, 
    terminated, superseded, or revoked by the Administrator of the 
    Federal Aviation Administration, by a court of competent 
    jurisdiction, or by operation of law. Nothing in this subsection 
    prohibits the discontinuance or modification of any such proceeding 
    under the same terms and conditions and to the same extent that 
    such proceeding could have been discontinued or modified if this 
    title had not been enacted.
        (2) Transition guidelines.--The Secretary of Commerce, the 
    Administrator of the National Oceanic and Atmospheric 
    Administration, and the Administrator of the Federal Aviation 
    Administration are authorized to issue transition guidelines 
    providing for the orderly transfer of proceedings and otherwise to 
    accomplish the orderly transfer of functions, personnel and 
    property under this title.
    (c) Continued Effectiveness of Judicial Actions.--No cause of 
action by or against the Department of Commerce or the National Oceanic 
and Atmospheric Administration with respect to functions transferred by 
this title, or by or against any officer thereof in the official's 
capacity, shall abate by reason of the enactment of this title. Causes 
of action and actions with respect to a function or office transferred 
by this title, or other proceedings may be asserted by or against the 
United States or an official of the Federal Aviation Administration, as 
may be appropriate, and, in an action pending when this title takes 
effect, the court may at any time, on its own motion or that of any 
party, enter an order that will give effect to the provisions of this 
subsection.
    (d) Substitution or Addition of Parties to Judicial Actions.--If, 
on the date of transfer, the Department of Commerce or the National 
Oceanic and Atmospheric Administration, or any officer of the 
Department or Administration in an official capacity, is a party to an 
action, and under this title any function relating to the action of the 
Department, Administration, or officer is transferred to the Federal 
Aviation Administration, then such action shall be continued with the 
Administrator of the Federal Aviation Administration substituted or 
added as a party.
    (e) Continued Jurisdiction Over Actions Transferred.--Orders and 
actions of the Administrator of the Federal Aviation Administration in 
the exercise of functions transferred by this title shall be subject to 
judicial review to the same extent and in the same manner as if such 
orders and actions had been by the Department of Commerce or the 
National Oceanic and Atmospheric Administration, or any office or 
officer of such Department or Administration, in the exercise of such 
functions immediately preceding their transfer.
    (f) Liabilities and Obligations.--The Administrator of the Federal 
Aviation Administration shall assume all liabilities and obligations 
(tangible and incorporeal, present and executory) associated with the 
functions transferred under this title on the date of transfer, 
including leases, permits, licenses, contracts, agreements, claims, 
tariffs, accounts receivable, accounts payable, financial assistance, 
and litigation relating to such obligations, regardless whether 
judgment has been entered, damages awarded, or appeal taken.

SEC. 605. NATIONAL OCEAN SURVEY.

    (a) Charts and Publications.--Section 2 of the Act entitled ``An 
Act to define the functions and duties of the Coast and Geodetic 
Survey, and for other purposes'', approved August 6, 1947 (33 U.S.C. 
883b), is amended--
        (1) by striking paragraphs (3) and (5), and redesignating 
    paragraphs (4) and (6) as paragraphs (3) and (4), respectively;
        (2) by striking ``charts of the United States, its Territories, 
    and possessions;'' in paragraph (3), as redesignated, and inserting 
    ``charts;''; and
        (3) by striking ``publications for the United States, its 
    Territories, and possessions'' in paragraph (4), as redesignated, 
    and inserting ``publications''.
    (b) Cooperative and Other Agreements.--Section 5(1) of such Act (33 
U.S.C. 883e(1)) is amended--
        (1) by striking ``cooperative agreements'' and inserting 
    ``cooperative agreements, or any other agreements,''; and
        (2) in paragraph (2) by striking ``cooperative''.

SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS 
              BY NOAA.

    (a) In General.--Section 1307 of title 44, United States Code, is 
amended--
        (1) in the section heading by striking ``and aeronautical''; 
    and
        (2) by striking ``and aeronautical'' and ``or aeronautical'' 
    each place they appear.
    (b) Prices.--Section 1307(a)(2)(B) of such title is amended by 
striking ``aviation and''.
    (c) Fees.--Section 1307(d) of such title 44 is amended by striking 
``aeronautical and''.
    (d) Conforming Amendment.--The analysis for chapter 13 of title 44, 
United States Code, is amended in the item relating to section 1307 by 
striking ``and aeronautical''.

SEC. 607. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND 
              GEOGRAPHIC INFORMATION SYSTEMS.

    The Administrator shall consider procuring mapping, charting, and 
geographic information systems necessary to carry out the duties of the 
Administrator under title 49, United States Code, from private 
enterprises, if the Administrator determines that such procurement 
furthers the mission of the Federal Aviation Administration and is cost 
effective.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

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

SEC. 702. PUBLIC AIRCRAFT.

    (a) Definition of Public Aircraft.--Section 40102(a)(37) is amended 
to read as follows:
        ``(37) `public aircraft' means any of the following:
            ``(A) Except with respect to an aircraft described in 
        subparagraph (E), an aircraft used only for the United States 
        Government, except as provided in section 40125(b).
            ``(B) An aircraft owned by the Government and operated by 
        any person for purposes related to crew training, equipment 
        development, or demonstration, except as provided in section 
        40125(b).
            ``(C) An aircraft owned and operated by the government of a 
        State, the District of Columbia, or a territory or possession 
        of the United States or a political subdivision of one of these 
        governments, except as provided in section 40125(b).
            ``(D) An aircraft exclusively leased for at least 90 
        continuous days by the government of a State, the District of 
        Columbia, or a territory or possession of the United States or 
        a political subdivision of one of these governments, except as 
        provided in section 40125(b).
            ``(E) An aircraft owned or operated by the armed forces or 
        chartered to provide transportation to the armed forces under 
        the conditions specified by section 40125(c).''.
    (b) Qualifications for Public Aircraft Status.--
        (1) In General.--Chapter 401 is further amended by adding at 
    the end the following:

``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 the 
    armed forces for reimbursement when that reimbursement is required 
    by any Federal statute, regulation, or directive, in effect on 
    November 1, 1999, or by one government on behalf of another 
    government under a cost reimbursement agreement if the government 
    on whose behalf the operation is conducted certifies to the 
    Administrator of the Federal Aviation Administration that the 
    operation is necessary to respond to a significant and imminent 
    threat to life or property (including natural resources) and that 
    no service by a private operator is reasonably available to meet 
    the threat.
        ``(2) Governmental function.--The term `governmental function' 
    means an activity undertaken by a government, such as national 
    defense, intelligence missions, firefighting, search and rescue, 
    law enforcement (including transport of prisoners, detainees, and 
    illegal aliens), aeronautical research, or biological or geological 
    resource management.
        ``(3) Qualified non-crewmember.--The term `qualified non-
    crewmember' means an individual, other than a member of the crew, 
    aboard an aircraft--
            ``(A) operated by the armed forces or an intelligence 
        agency of the United States Government; or
            ``(B) whose presence is required to perform, or is 
        associated with the performance of, a governmental function.
        ``(4) Armed forces.--The term `armed forces' has the meaning 
    given such term by section 101 of title 10.
    ``(b) Aircraft Owned by Governments.--An aircraft described in 
subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does not 
qualify as a public aircraft under such section when the aircraft is 
used for commercial purposes or to carry an individual other than a 
crewmember or a qualified non-crewmember.
    ``(c) Aircraft Owned or Operated by the Armed Forces.--
        ``(1) In general.--Subject to paragraph (2), an aircraft 
    described in section 40102(a)(37)(E) qualifies as a public aircraft 
    if--
            ``(A) the aircraft is operated in accordance with title 10;
            ``(B) the aircraft is operated in the performance of a 
        governmental function under title 14, 31, 32, or 50 and the 
        aircraft is not used for commercial purposes; or
            ``(C) the aircraft is chartered to provide transportation 
        to the armed forces and the Secretary of Defense (or the 
        Secretary of the department in which the Coast Guard is 
        operating) designates the operation of the aircraft as being 
        required in the national interest.
        ``(2) Limitation.--An aircraft that meets the criteria set 
    forth in paragraph (1) and that is owned or operated by the 
    National Guard of a State, the District of Columbia, or any 
    territory or possession of the United States, qualifies as a public 
    aircraft only to the extent that it is operated under the direct 
    control of the Department of Defense.''.
        (2) Conforming amendment.--The analysis for chapter 401 is 
    amended by adding at the end the following:
``40125. Qualifications for public aircraft status.''.

    (c) Safety of Public Aircraft.--
        (1) Study.--The National Transportation Safety Board shall 
    conduct a study to compare the safety of public aircraft and civil 
    aircraft. In conducting the study, the Board shall review safety 
    statistics on aircraft operations since 1993.
        (2) Report.--Not later than 6 months after the date of the 
    enactment of this Act, the National Transportation Safety Board 
    shall transmit to Congress a report containing the results of the 
    study conducted under paragraph (1).

SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

    Section 40110 (as amended by section 307(b) of this Act) is further 
amended by adding at the end the following:
    ``(e) Prohibition on Release of Offeror Proposals.--
        ``(1) General rule.--Except as provided in paragraph (2), a 
    proposal in the possession or control of the Administrator may not 
    be made available to any person under section 552 of title 5.
        ``(2) Exception.--Paragraph (1) shall not apply to any portion 
    of a proposal of an offeror the disclosure of which is authorized 
    by the Administrator pursuant to procedures published in the 
    Federal Register. The Administrator shall provide an opportunity 
    for public comment on the procedures for a period of not less than 
    30 days beginning on the date of such publication in order to 
    receive and consider the views of all interested parties on the 
    procedures. The procedures shall not take effect before the 60th 
    day following the date of such publication.
        ``(3) Proposal defined.--In this subsection, the term 
    `proposal' means information contained in or originating from any 
    proposal, including a technical, management, or cost proposal, 
    submitted by an offeror in response to the requirements of a 
    solicitation for a competitive proposal.''.

SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

    (a) In General.--The Administrator may carry out a pilot program in 
fiscal years 2001 through 2003 to test and evaluate the benefits of 
long-term contracts for the leasing of aviation equipment and 
facilities.
    (b) Period of Contracts.--Notwithstanding any other provision of 
law, the Administrator may enter into a contract under the program to 
lease aviation equipment or facilities for a period of greater than 5 
years.
    (c) Number of Contracts.--The Administrator may not enter into more 
that 10 contracts under the program.
    (d) Types of Contracts.--The contracts to be evaluated under the 
program may include contracts for telecommunication services that are 
provided through the use of a satellite, requirements related to 
oceanic and air traffic control, air-to-ground radio communications, 
and air traffic control tower construction.

SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL 
              YEARS.

    (a) In General.--Chapter 401 (as amended by section 702(b) of this 
Act) is further amended by adding at the end the following:

``Sec. 40126. Severable services contracts for periods crossing fiscal 
            years

    ``(a) In General.--The Administrator of the Federal Aviation 
Administration may enter into a contract for procurement of severable 
services for a period that begins in 1 fiscal year and ends in the next 
fiscal year if (without regard to any option to extend the period of 
the contract) the contract period does not exceed 1 year.
    ``(b) Obligation of Funds.--Funds made available for a fiscal year 
may be obligated for the total amount of a contract entered into under 
the authority of subsection (a).''.
    (b) Conforming Amendment.--The analysis for chapter 401 is amended 
by adding at the end the following:
``40126. Severable services contracts for periods crossing fiscal 
          years.''.

SEC. 706. PROHIBITIONS ON DISCRIMINATION.

    (a) In General.--Chapter 401 (as amended by section 705 of this 
Act) is further amended by adding at the end the following:

``Sec. 40127. Prohibitions on discrimination

    ``(a) Persons in Air Transportation.--An air carrier or foreign air 
carrier may not subject a person in air transportation to 
discrimination on the basis of race, color, national origin, religion, 
sex, or ancestry.
    ``(b) Use of Private Airports.--Notwithstanding any other provision 
of law, no State or local government may prohibit the use or full 
enjoyment of a private airport within its jurisdiction by any person on 
the basis of that person's race, color, national origin, religion, sex, 
or ancestry.''.
    (b) Conforming Amendment.--The analysis for chapter 401 is further 
amended by adding at the end the following:
``40127. Prohibitions on discrimination.''.

SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.

    (a) In General.--Section 41705 is amended--
        (1) by inserting ``(a) In General.--'' before ``In providing'';
        (2) by striking ``carrier'' and inserting ``carrier, including 
    (subject to section 40105(b)) any foreign air carrier,''; and
        (3) by adding at the end the following:
    ``(b) Each Act Constitutes Separate Offense.--For purposes of 
section 46301(a)(3)(E), a separate violation occurs under this section 
for each individual act of discrimination prohibited by subsection (a).
    ``(c) Investigation of Complaints.--
        ``(1) In general.--The Secretary shall investigate each 
    complaint of a violation of subsection (a).
        ``(2) Publication of data.--The Secretary shall publish 
    disability-related complaint data in a manner comparable to other 
    consumer complaint data.
        ``(3) Review and report.--The Secretary shall regularly review 
    all complaints received by air carriers alleging discrimination on 
    the basis of disability and shall report annually to Congress on 
    the results of such review.
        ``(4) Technical assistance.--Not later than 180 days after the 
    date of the enactment of this subsection, the Secretary shall--
            ``(A) implement a plan, in consultation with the Department 
        of Justice, the United States Architectural and Transportation 
        Barriers Compliance Board, and the National Council on 
        Disability, to provide technical assistance to air carriers and 
        individuals with disabilities in understanding the rights and 
        responsibilities set forth in this section; and
            ``(B) ensure the availability and provision of appropriate 
        technical assistance manuals to individuals and entities with 
        rights or responsibilities under this section.''.
    (b) Civil Penalty.--Section 46301(a)(3) (as amended by section 
504(b) of this Act) is further amended by adding at the end the 
following:
        ``(E) a violation of section 41705, relating to discrimination 
    against handicapped individuals.''.
    (c) Establishment of Higher International Standards.--The Secretary 
shall work with appropriate international organizations and the 
aviation authorities of other nations to bring about the establishment 
of higher standards for accommodating handicapped passengers in air 
transportation, particularly with respect to foreign air carriers that 
code-share with air carriers.

SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

    (a) In General.--Section 41706 is amended to read as follows:

``Sec. 41706. Prohibitions against smoking on scheduled flights

    ``(a) Smoking Prohibition in Intrastate and Interstate Air 
Transportation.--An individual may not smoke in an aircraft in 
scheduled passenger interstate air transportation or scheduled 
passenger intrastate air transportation.
    ``(b) Smoking Prohibition in Foreign Air Transportation.--The 
Secretary of Transportation shall require all air carriers and foreign 
air carriers to prohibit smoking in any aircraft in scheduled passenger 
foreign air transportation.
    ``(c) Limitation on Applicability.--
        ``(1) In general.--If a foreign government objects to the 
    application of subsection (b) on the basis that subsection (b) 
    provides for an extraterritorial application of the laws of the 
    United States, the Secretary shall waive the application of 
    subsection (b) to a foreign air carrier licensed by that foreign 
    government at such time as an alternative prohibition negotiated 
    under paragraph (2) becomes effective and is enforced by the 
    Secretary.
        ``(2) Alternative prohibition.--If, pursuant to paragraph (1), 
    a foreign government objects to the prohibition under subsection 
    (b), the Secretary shall enter into bilateral negotiations with the 
    objecting foreign government to provide for an alternative smoking 
    prohibition.
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 60 days after the date of the enactment 
of this Act.

SEC. 709. JOINT VENTURE AGREEMENT.

    Section 41720, as redesignated by section 231(b)(1) of this Act, is 
amended by striking ``an agreement entered into by a major air 
carrier'' and inserting ``an agreement between two or more major air 
carriers''.

SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR 
              TRANSPORT.

    (a) In General.--Subchapter I of chapter 417 (as amended by section 
231(b) of this Act) is further amended by adding at the end the 
following:

``Sec. 41721. Reports by carriers on incidents involving animals during 
            air transport

    ``(a) In General.--An air carrier that provides scheduled passenger 
air transportation shall submit monthly to the Secretary a report on 
any incidents involving the loss, injury, or death of an animal (as 
defined by the Secretary of Transportation) during air transport 
provided by the air carrier. The report shall be in such form and 
contain such information as the Secretary determines appropriate.
    ``(b) Training of Air Carrier Employees.--The Secretary shall work 
with air carriers to improve the training of employees with respect to 
the air transport of animals and the notification of passengers of the 
conditions under which the air transport of animals is conducted.
    ``(c) Sharing of Information.--The Secretary and the Secretary of 
Agriculture shall enter into a memorandum of understanding to ensure 
the sharing of information that the Secretary receives under subsection 
(a).
    ``(d) Publication of Data.--The Secretary shall publish data on 
incidents and complaints involving the loss, injury, or death of an 
animal during air transport in a manner comparable to other consumer 
complaint and incident data.
    ``(e) Air Transport.--For purposes of this section, the air 
transport of an animal includes the entire period during which an 
animal is in the custody of an air carrier, from check-in of the animal 
prior to departure until the animal is returned to the owner or 
guardian of the animal at the final destination of the animal.''.
    (b) Conforming Amendment.--The analysis for such subchapter is 
further amended by adding at the end the following:
``41721. Reports by carriers on incidents involving animals during air 
          transportation.''.

SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.

    Section 44310 is amended by striking ``after'' and all that follows 
and inserting ``after December 31, 2003.''.

SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

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

SEC. 713. HUMAN FACTORS PROGRAM.

    (a) In General.--Chapter 445 is amended by adding at the end the 
following:

``Sec. 44516. Human factors program

    ``(a) Human Factors Training.--
        ``(1) Air traffic controllers.--The Administrator of the 
    Federal Aviation Administration shall--
            ``(A) address the problems and concerns raised by the 
        National Research Council in its report `The Future of Air 
        Traffic Control' on air traffic control automation; and
            ``(B) respond to the recommendations made by the National 
        Research Council.
        ``(2) Pilots and flight crews.--The Administrator shall work 
    with representatives of the aviation industry and appropriate 
    aviation programs associated with universities to develop specific 
    training curricula to address critical safety problems, including 
    problems of pilots--
            ``(A) in recovering from loss of control of an aircraft, 
        including handling unusual attitudes and mechanical 
        malfunctions;
            ``(B) in deviating from standard operating procedures, 
        including inappropriate responses to emergencies and hazardous 
        weather;
            ``(C) in awareness of altitude and location relative to 
        terrain to prevent controlled flight into terrain; and
            ``(D) in landing and approaches, including nonprecision 
        approaches and go-around procedures.
    ``(b) Test Program.--The Administrator shall establish a test 
program in cooperation with air carriers to use model Jeppesen approach 
plates or other similar tools to improve precision-like landing 
approaches for aircraft.
    ``(c) Report.--Not later than 1 year after the date of the 
enactment of this section, the Administrator shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the status of the Administration's efforts 
to encourage the adoption and implementation of advanced qualification 
programs for air carriers under this section.
    ``(d) Advanced Qualification Program Defined.--In this section, the 
term `advanced qualification program' means an alternative method for 
qualifying, training, certifying, and ensuring the competency of flight 
crews and other commercial aviation operations personnel subject to the 
training and evaluation requirements of parts 121 and 135 of title 14, 
Code of Federal Regulations.''.
    (b) Automation and Associated Training.--Not later than 12 months 
after the date of the enactment of this Act, the Administrator shall 
complete updating training practices for flight deck automation and 
associated training requirements.
    (c) Conforming Amendment.--The analysis for chapter 445 is further 
amended by adding at the end the following:
``44516. Human factors program.''.

SEC. 714. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

    Section 44701 is amended by--
        (1) redesignating subsection (e) as subsection (f); and
        (2) by inserting after subsection (d) the following:
    ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
        ``(1) In general.--Notwithstanding the provisions of this 
    chapter, the Administrator, pursuant to Article 83 bis of the 
    Convention on International Civil Aviation and by a bilateral 
    agreement with the aeronautical authorities of another country, may 
    exchange with that country all or part of their respective 
    functions and duties with respect to registered aircraft under 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; and
            ``(B) aircraft registered in a foreign country and operated 
        under an agreement for the lease, charter, or interchange of 
        the aircraft or any similar arrangement by an operator that has 
        its principal place of business or, if it has no such place of 
        business, its permanent residence in the United States.''.

SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

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

SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.

    Section 44709(e) is amended to read as follows:
    ``(e) Effectiveness of Orders Pending Appeal.--
        ``(1) In general.--When a person files an appeal with the Board 
    under subsection (d), the order of the Administrator is stayed.
        ``(2) Exception.--Notwithstanding paragraph (1), the order of 
    the Administrator is effective immediately if the Administrator 
    advises the Board that an emergency exists and safety in air 
    commerce or air transportation requires the order to be effective 
    immediately.
        ``(3) Review of emergency order.--A person affected by the 
    immediate effectiveness of the Administrator's order under 
    paragraph (2) may petition for a review by the Board, under 
    procedures promulgated by the Board, of the Administrator's 
    determination that an emergency exists. Any such review shall be 
    requested not later than 48 hours after the order is received by 
    the person. If the Board finds that an emergency does not exist 
    that requires the immediate application of the order in the 
    interest of safety in air commerce or air transportation, the order 
    shall be stayed, notwithstanding paragraph (2). The Board shall 
    dispose of a review request under this paragraph not later than 5 
    days after the date on which the request is filed.
        ``(4) Final disposition.--The Board shall make a final 
    disposition of an appeal under subsection (d) not later than 60 
    days after the date on which the appeal is filed.''.

SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end the following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at airports such consortia of government and aviation 
industry representatives as the Administrator may designate to provide 
advice on matters related to aviation security and safety. Such 
consortia shall not be considered Federal advisory committees for 
purposes of the Federal Advisory Committee Act (5 U.S.C. App.).''.

SEC. 718. PASSENGER MANIFEST.

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

SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

    Section 45301 is amended--
        (1) by striking subsection (a)(2) and inserting the following:
        ``(2) Services (other than air traffic control services) 
    provided to a foreign government or services provided to any entity 
    obtaining services outside the United States, except that the 
    Administrator shall not impose fees in any manner for 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. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

    (a) Repeal.--Section 231 of H.R. 3425 of the 106th Congress, as 
enacted into law by section 1000(a)(5) of Public Law 106-113, is 
repealed and the provisions of law amended by such section shall be 
read as if such section had not been enacted into law.
    (b) Exemption for Aircraft Modification or Disposal, Scheduled 
Heavy Maintenance, or Leasing-Related Flights.--Section 47528 is 
amended--
        (1) in subsection (a) by striking ``subsection (b)'' and 
    inserting ``subsection (b) or (f)'';
        (2) in subsection (e) by adding at the end the following:
    ``(4) An air carrier operating stage 2 aircraft under this 
subsection may transport stage 2 aircraft to or from the 48 contiguous 
States on a nonrevenue basis in order--
        ``(A) to perform maintenance (including major alterations) or 
    preventative maintenance on aircraft operated, or to be operated, 
    within the limitations of paragraph (2)(B); or
        ``(B) conduct operations within the limitations of paragraph 
    (2)(B).''; and
        (3) by adding at the end the following:
    ``(f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, 
or Leasing.--
        ``(1) In general.--The Secretary shall permit a person to 
    operate after December 31, 1999, a stage 2 aircraft in nonrevenue 
    service through the airspace of the United States or to or from an 
    airport in the contiguous 48 States in order to--
            ``(A) sell, lease, or use the aircraft outside the 
        contiguous 48 States;
            ``(B) scrap the aircraft;
            ``(C) obtain modifications to the aircraft to meet stage 3 
        noise levels;
            ``(D) perform scheduled heavy maintenance or significant 
        modifications on the aircraft at a maintenance facility located 
        in the contiguous 48 States;
            ``(E) deliver the aircraft to an operator leasing the 
        aircraft from the owner or return the aircraft to the lessor;
            ``(F) prepare or park or store the aircraft in anticipation 
        of any of the activities described in subparagraphs (A) through 
        (E); or
            ``(G) divert the aircraft to an alternative airport in the 
        contiguous 48 States on account of weather, mechanical, fuel, 
        air traffic control, or other safety reasons while conducting a 
        flight in order to perform any of the activities described in 
        subparagraphs (A) through (F).
        ``(2) Procedure To Be Published.--Not later than 30 days after 
    the date of the enactment of this subsection, the Secretary shall 
    establish and publish a procedure to implement paragraph (1) 
    through the use of categorical waivers, ferry permits, or other 
    means.
    ``(g) Statutory Construction.--Nothing in this section may be 
construed as interfering with, nullifying, or otherwise affecting 
determinations made by the Federal Aviation Administration, or to be 
made by the Administration with respect to applications under part 161 
of title 14, Code of Federal Regulations, that were pending on November 
1, 1999.''.
    (c) Noise Standards for Experimental Aircraft.--
        (1) In general.--Section 47528(a) is amended by inserting 
    ``(for which an airworthiness certificate other than an 
    experimental certificate has been issued by the Administrator)'' 
    after ``civil subsonic turbojet''.
        (2) Regulations.--Regulations contained in title 14, Code of 
    Federal Regulations, that implement section 47528 of title 49, 
    United States Code, and related provisions shall be deemed to 
    incorporate the amendment made by paragraph (1) on the date of the 
    enactment of this Act.
    (d) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended--
        (1) in the first sentence by inserting ``or foreign air 
    carrier'' after ``air carrier''; and
        (2) by inserting after ``January 1, 1999,'' the following: 
    ``or, in the case of a foreign air carrier, the 15th day following 
    the date of the enactment of the Wendell H. Ford Aviation 
    Investment and Reform Act for the 21st Century''.

SEC. 722. LAND USE COMPLIANCE REPORT.

    Section 47131 is amended--
        (1) by inserting ``(a) General Rule.--'' before ``Not later'';
        (2) by striking ``and'' at the end of paragraph (3);
        (3) by striking the period at the end of paragraph (4) and 
    inserting ``; and''; and
        (4) by adding at the end the following:
        ``(5) a detailed statement listing airports that the Secretary 
    believes are not in compliance with grant assurances or other 
    requirements with respect to airport lands and including the 
    circumstances of such noncompliance, the timelines for corrective 
    action, and the corrective action the Secretary intends to take to 
    bring the airport sponsor into compliance.
    ``(b) Special Rule for Listing Noncompliant Airports.--The 
Secretary does not have to conduct an audit or make a final 
determination before including an airport on the list referred to in 
subsection (a)(5).''.

SEC. 723. CHARTER AIRLINES.

    Section 41104 is amended--
        (1) by redesignating subsections (b) and (c) as (c) and (d), 
    respectively; and
        (2) by inserting after subsection (a) the following:
    ``(b) Scheduled Operations.--
        ``(1) In general.--An air carrier, including an indirect air 
    carrier, which operates aircraft designed for more than nine 
    passenger seats, may not provide regularly scheduled charter air 
    transportation for which the general public is provided in advance 
    a schedule containing the departure location, departure time, and 
    arrival location of the flights to or from an airport that is not 
    located in Alaska and that does not have an operating certificate 
    issued under part 139 of title 14, Code of Federal Regulations (or 
    any subsequent similar regulations).
        ``(2) Definition.--In this paragraph, the term `regularly 
    scheduled charter air transportation' does not include operations 
    for which the departure time, departure location, and arrival 
    location are specifically negotiated with the customer or the 
    customer's representative.''.

SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.

    (a) Study.--The Administrator shall conduct a study of the 
appropriateness of allowing an airport that agrees to provide services 
to the Federal Emergency Management Agency or to a State or local 
agency in the event of an emergency a credit of the value of such 
services against the airport's local share under the airport 
improvement program.
    (b) Notification.--The Administrator shall notify nonhub and 
general aviation airports that the Administrator is conducting the 
study under subsection (a) and give them an opportunity to explain how 
the credit described in subsection (a) would benefit such airports.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress a 
report on the results of the study conducted under subsection (a). The 
report shall identify, at a minimum, the airports that would be 
affected by providing the credit described in subsection (a), explain 
what sort of emergencies could qualify for such credit, and explain how 
the costs would be quantified to determine the credit against the local 
share.

SEC. 725. PASSENGER CABIN AIR QUALITY.

    (a) Study of Air Quality in Passenger Cabins in Commercial 
Aircraft.--
        (1) In general.--Not later than 60 days after the date of the 
    enactment of this Act, the Administrator shall arrange for and 
    provide necessary data to the National Academy of Sciences to 
    conduct a 12-month, independent study of air quality in passenger 
    cabins of aircraft used in air transportation and foreign air 
    transportation, including the collection of new data, in 
    coordination with the Federal Aviation Administration, to identify 
    contaminants in the aircraft air and develop recommendations for 
    means of reducing such contaminants.
        (2) Alternative air supply.--The study should examine whether 
    contaminants would be reduced by the replacement of engine and 
    auxiliary power unit bleed air with an alternative supply of air 
    for the aircraft passengers and crew.
        (3) Scope.--The study shall include an assessment and 
    quantitative analysis of each of the following:
            (A) Contaminants of concern, as determined by the National 
        Academy of Sciences.
            (B) The systems of air supply on aircraft, including the 
        identification of means by which contaminants may enter such 
        systems.
            (C) The toxicological and health effects of the 
        contaminants of concern, their byproducts, and the products of 
        their degradation.
            (D) Any contaminant used in the maintenance, operation, or 
        treatment of aircraft, if a passenger or a member of the air 
        crew may be directly exposed to the contaminant.
            (E) Actual measurements of the contaminants of concern in 
        the air of passenger cabins during actual flights in air 
        transportation or foreign air transportation, along with 
        comparisons of such measurements to actual measurements taken 
        in public buildings.
        (4) Provision of Current Data.--The Administrator shall collect 
    all data of the Federal Aviation Administration that is relevant to 
    the study and make the data available to the National Academy of 
    Sciences in order to complete the study.
    (b) Collection of Aircraft Air Quality Data.--
        (1) In general.--The Administrator may consider the feasibility 
    of using the flight data recording system on aircraft to monitor 
    and record appropriate data related to air inflow quality, 
    including measurements of the exposure of persons aboard the 
    aircraft to contaminants during normal aircraft operation and 
    during incidents involving air quality problems.
        (2) Passenger cabins.--The Administrator may also consider the 
    feasibility of using the flight data recording system to monitor 
    and record data related to the air quality in passengers cabins of 
    aircraft.

SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE 
              LEVELS.

    (a) Development of New Standards.--The Secretary shall continue to 
work to develop through the International Civil Aviation Organization 
new performance standards for aircraft and aircraft engines that will 
lead to a further reduction in aircraft noise levels.
    (b) Goals To Be Considered in Developing New Standards.--In 
negotiating standards under subsection (a), the Secretary shall give 
high priority to developing standards that--
        (1) are performance based and can be achieved by use of a full 
    range of certifiable noise reduction technologies;
        (2) protect the useful economic value of existing Stage 3 
    aircraft in the United States fleet;
        (3) ensure that United States air carriers and aircraft engine 
    and hushkit manufacturers are not competitively disadvantaged;
        (4) use dynamic economic modeling capable of determining 
    impacts on all aircraft in service in the United States fleet; and
        (5) continue the use of a balanced approach to address aircraft 
    environmental issues, taking into account aircraft technology, land 
    use planning, economic feasibility, and airspace operational 
    improvements.
    (c) Annual Report.--Not later than July 1, 2000, and annually 
thereafter, the Secretary shall transmit to Congress a report regarding 
the application of new standards or technologies to reduce aircraft 
noise levels.

SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION 
              PROJECT.

    Not later than 18 months after the date of the enactment of this 
Act, the Administrator shall work with the Taos Pueblo to study the 
feasibility of conducting a demonstration project to require all 
aircraft that fly over Taos Pueblo and the Blue Lake Wilderness Area of 
Taos Pueblo, New Mexico, to maintain a mandatory minimum altitude of at 
least 5,000 feet above ground level. In conducting the study, the 
Administrator shall determine whether itinerant general aviation 
aircraft should be exempt from any such requirement.

SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

    The Administrator shall not terminate human weather observers for 
Automated Surface Observation System stations until--
        (1) the Administrator determines that the system provides 
    consistent reporting of changing meteorological conditions and 
    notifies Congress in writing of that determination; and
        (2) 60 days have passed since the report was transmitted to 
    Congress.

SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA.

    (a) In General.--A memorandum of agreement between the 
Administrator and any person that directly obtains aircraft situational 
display data from the Federal Aviation Administration shall require 
that--
        (1) the person demonstrate to the satisfaction of the 
    Administrator that the person is capable of selectively blocking 
    the display of any aircraft-situation-display-to-industry derived 
    data related to any identified aircraft registration number; and
        (2) the person agree to block selectively the aircraft 
    registration numbers of any aircraft owner or operator upon the 
    Administration's request.
    (b) Existing Memoranda To Be Conformed.--Not later than 30 days 
after the date of the enactment of this Act, the Administrator shall 
conform any memoranda of agreement, in effect on such date of 
enactment, between the Federal Aviation Administration and a person 
under which that person obtains aircraft situational display data to 
incorporate the requirements of subsection (a).

SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY 
              COMPLAINTS.

    (a) Hiring of Additional Personnel.--For fiscal year 2001, the 
Secretary may hire or contract for such additional personnel as may be 
necessary to eliminate the backlog of pending equal employment 
opportunity complaints to the Department of Transportation and to 
ensure that investigations of complaints are completed not later than 
180 days after the date of initiation of the investigation.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2001.

SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

    The Department of Airports of the City of Los Angeles may grant an 
easement to the California Department of Transportation to lands 
required to provide sufficient right-of-way to facilitate the 
construction of the California State Route 138 bypass, as proposed by 
the California Department of Transportation, if the Department of 
Airports can document or provide analysis that granting the easement 
will benefit the Department of Airports or local airport development to 
an extent equal to the value of the easement being granted.

SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.

    (a) In General.--Beginning on the date of the enactment of this 
Act, flight operations conducted by Alaska guide pilots shall be 
regulated under the general operating and flight rules contained in 
part 91 of title 14, Code of Federal Regulations.
    (b) Rulemaking Proceeding.--
        (1) In general.--The Administrator shall conduct a rulemaking 
    proceeding and issue a final rule to modify the general operating 
    and flight rules referred to in subsection (a) by establishing 
    special rules applicable to the flight operations conducted by 
    Alaska guide pilots.
        (2) Contents of rules.--A final rule issued by the 
    Administrator under paragraph (1) shall require Alaska guide 
    pilots--
            (A) to operate aircraft inspected no less often than after 
        125 hours of flight time;
            (B) to participate in an annual flight review, as described 
        in section 61.56 of title 14, Code of Federal Regulations;
            (C) to have at least 500 hours of flight time as a pilot;
            (D) to have a commercial rating, as described in subpart F 
        of part 61 of such title;
            (E) to hold at least a second-class medical certificate, as 
        described in subpart C of part 67 of such title;
            (F) to hold a current letter of authorization issued by the 
        Administrator; and
            (G) to take such other actions as the Administrator 
        determines necessary for safety.
        (3) Consideration.--In making a determination to impose a 
    requirement under paragraph (2)(G), the Administrator shall take 
    into account the unique conditions associated with air travel in 
    the State of Alaska to ensure that such requirements are not unduly 
    burdensome.
    (c) Definitions.--In this section, the following definitions apply:
        (1) Letter of authorization.--The term ``letter of 
    authorization'' means a letter issued by the Administrator once 
    every 5 years to an Alaska guide pilot certifying that the pilot is 
    in compliance with general operating and flight rules applicable to 
    the pilot. In the case of a multi-pilot operation, at the election 
    of the operating entity, a letter of authorization may be issued by 
    the Administrator to the entity or to each Alaska guide pilot 
    employed by the entity.
        (2) Alaska guide pilot.--The term ``Alaska guide pilot'' means 
    a pilot who--
            (A) conducts aircraft operations over or within the State 
        of Alaska;
            (B) operates single engine, fixed-wing aircraft on floats, 
        wheels, or skis, providing commercial hunting, fishing, or 
        other guide services and related accommodations in the form of 
        camps or lodges; and
            (C) transports clients by such aircraft incidental to 
        hunting, fishing, or other guide services.

SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.

    Of the amounts made available pursuant to section 5117(b)(6)(B) of 
the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 
112 Stat. 450), not to exceed $1,000,000 for each of fiscal years 2000 
and 2001 may be made available by the Secretary to establish, at an 
Army depot that has been closed or realigned, a national transportation 
data center of excellence that will--
        (1) serve as a satellite facility for the central data 
    repository that is hosted by the computer center of the 
    Transportation Administrative Service; and
        (2) analyze transportation data collected by the Federal 
    Government, States, cities, and the transportation industry.

SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

    (a) Establishment of Panel.--The Administrator--
        (1) shall establish an aircraft repair and maintenance advisory 
    panel to review issues related to the use and oversight of aircraft 
    and aviation component repair and maintenance facilities (in this 
    section referred to as ``aircraft repair facilities'') located 
    within, or outside of, the United States; and
        (2) may seek the advice of the panel on any issue related to 
    methods to increase safety by improving the oversight of aircraft 
    repair facilities.
    (b) Membership.--The panel shall consist of--
        (1) nine members appointed by the Administrator as 
    follows:
            (A) three representatives of labor organizations 
        representing aviation mechanics;
            (B) one representative of cargo air carriers;
            (C) one representative of passenger air carriers;
            (D) one representative of aircraft repair facilities;
            (E) one representative of aircraft manufacturers;
            (F) one representative of on-demand passenger air 
        carriers and corporate aircraft operations; and
            (G) one representative of regional passenger air 
        carriers;
        (2) one representative from the Department of Commerce, 
    designated by the Secretary of Commerce;
        (3) one representative from the Department of State, 
    designated by the Secretary of State; and
        (4) one representative from the Federal Aviation 
    Administration, designated by the Administrator.
    (c) Responsibilities.--The panel shall--
        (1) determine the amount and type of work that is being 
    performed by aircraft repair facilities located within, and outside 
    of, the United States; and
        (2) provide advice and counsel to the Secretary with respect to 
    the aircraft and aviation component repair work performed by 
    aircraft repair facilities and air carriers, staffing needs, and 
    any balance of trade or safety issues associated with that work.
    (d) DOT To Request Information From Air Carriers and Repair 
Facilities.--
        (1) Collection of information.--The Secretary, by regulation, 
    shall require air carriers, foreign air carriers, domestic repair 
    facilities, and foreign repair facilities to submit such 
    information as the Secretary may require in order to assess balance 
    of trade and safety issues with respect to work performed on 
    aircraft used by air carriers, foreign air carriers, United States 
    corporate operators, and foreign corporate operators.
        (2) Drug and alcohol testing information.--Included in the 
    information the Secretary requires under paragraph (1) shall be 
    information on the existence and administration of employee drug 
    and alcohol testing programs in place at the foreign repair 
    facilities, if applicable. The Secretary, if necessary, shall work 
    with the International Civil Aviation Organization to increase the 
    number and improve the administration of employee drug and alcohol 
    testing programs at the foreign repair facilities.
        (3) Description of work done.--Included in the information the 
    Secretary requires under paragraph (1) shall be information on the 
    amount and type of work performed on aircraft registered in and 
    outside of the United States.
    (e) DOT To Facilitate Collection of Information About Aircraft 
Maintenance.--The Secretary shall facilitate the collection of 
information from the National Transportation Safety Board, the Federal 
Aviation Administration, and other appropriate agencies regarding 
maintenance performed by aircraft repair facilities.
    (f) DOT To Make Information Available to Public.--The Secretary 
shall make any relevant information received under subsection (d) 
available to the public, consistent with the authority to withhold 
trade secrets or commercial, financial, and other proprietary 
information under section 552 of title 5, United States Code.
    (g) Termination.--The panel established under subsection (a) shall 
terminate on the earlier of--
        (1) the date that is 2 years after the date of the 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. 735. OPERATIONS OF AIR TAXI INDUSTRY.

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

SEC. 736. NATIONAL AIRSPACE REDESIGN.

    (a) Findings.--Congress makes the following findings:
        (1) The national airspace, comprising more than 29 million 
    square miles, handles more than 55,000 flights per day.
        (2) Almost 2,000,000 passengers per day traverse the United 
    States through 20 major en route centers, including more than 700 
    different sectors.
        (3) Redesign and review of the national airspace may produce 
    benefits for the travelling public by increasing the efficiency and 
    capacity of the air traffic control system and reducing delays.
        (4) Redesign of the national airspace should be a high priority 
    for the Federal Aviation Administration and the air transportation 
    industry.
    (b) Redesign.--The Administrator, with advice from the aviation 
industry and other interested parties, shall conduct a comprehensive 
redesign of the national airspace system.
    (c) Report.--Not later than December 31, 2000, the Administrator 
shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the 
Administrator's comprehensive national airspace redesign. The report 
shall include projected milestones for completion of the redesign and 
shall also include a date for completion.
    (d) Authorization.--There is authorized to be appropriated to the 
Administrator to carry out this section $12,000,000 for each of fiscal 
years 2000, 2001, and 2002.

SEC. 737. COMPLIANCE WITH REQUIREMENTS.

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

SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

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

SEC. 739. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

    (a) Approval of Sale.--To maintain the efficient utilization of 
airports in the high-growth Cincinnati local airport system, and to 
ensure that the Cincinnati-Municipal Blue Ash Airport continues to 
operate to relieve congestion at Cincinnati-Northern Kentucky 
International Airport and to provide greater access to the general 
aviation community beyond the expiration of the City of Cincinnati's 
grant obligations, the Secretary may approve the sale of Cincinnati-
Municipal Blue Ash Airport from the City of Cincinnati to the City of 
Blue Ash upon a finding that the City of Blue Ash meets all applicable 
requirements for sponsorship and if the City of Blue Ash agrees to 
continue to maintain and operate Blue Ash Airport, as generally 
contemplated and described within the Blue Ash Master Plan Update dated 
November 30, 1998, for a period of 20 years from the date existing 
grant assurance obligations of the City of Cincinnati expire.
    (b) Treatment of Proceeds From Sale.--The Secretary and the 
Administrator are authorized to grant the City of Cincinnati an 
exemption from the provisions of sections 47107 and 47133 of title 49, 
United States Code, grant obligations of the City of Cincinnati, and 
regulations and policies of the Federal Aviation Administration, to the 
extent necessary to allow the City of Cincinnati to use the proceeds 
from the sale approved under subsection (a) for any purpose authorized 
by the City of Cincinnati.

SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN 
              RESPONDING TO OIL SPILLS.

    (a) Authority.--
        (1) Sale of aircraft and aircraft parts.--Notwithstanding 
    section 202 of the Federal Property and Administrative Services Act 
    of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the 
    Secretary of Defense may sell, during the period beginning on the 
    date of the enactment of this Act and ending September 30, 2002, 
    aircraft and aircraft parts referred to in paragraph (2) to a 
    person or entity that provides oil spill response services 
    (including the application of oil dispersants by air) pursuant to 
    an oil spill response plan that has been approved by the Secretary 
    of the Department in which the Coast Guard is operating.
        (2) Aircraft and aircraft parts that may be sold.--The aircraft 
    and aircraft parts that may be sold under paragraph (1) are 
    aircraft and aircraft parts of the Department of Defense that are 
    determined by the Secretary of Defense to be--
            (A) excess to the needs of the Department; and
            (B) acceptable for commercial sale.
    (b) Conditions of Sale.--Aircraft and aircraft parts sold under 
subsection (a)--
        (1) shall have as their primary purpose usage for oil spill 
    spotting, observation, and dispersant delivery and may not have any 
    secondary purpose that would interfere with oil spill response 
    efforts under an oil spill response plan; and
        (2) may not be flown outside of or removed from the United 
    States except for the purpose of fulfilling an international 
    agreement to assist in oil spill dispersing efforts, for immediate 
    response efforts for an oil spill outside United States waters that 
    has the potential to threaten United States waters, or for other 
    purposes that are jointly approved by the Secretary of Defense and 
    the Secretary of Transportation.
    (c) Certification of Persons and Entities.--The Secretary of 
Defense may sell aircraft and aircraft parts to a person or entity 
under subsection (a) only if the Secretary of Transportation certifies 
to the Secretary of Defense, in writing, before the sale, that the 
person or entity is capable of meeting the terms and conditions of a 
contract to deliver oil spill dispersants by air, and that the overall 
system to be employed by that person or entity for the delivery and 
application of oil spill dispersants has been sufficiently tested to 
ensure that the person or entity is capable of being included in an oil 
spill response plan that has been approved by the Secretary of the 
Department in which the Coast Guard is operating.
    (d) Regulations.--
        (1) Issuance.--As soon as practicable after the date of the 
    enactment of this Act, the Secretary of Defense, in consultation 
    with the Secretary of Transportation and the Administrator of 
    General Services, shall prescribe regulations relating to the sale 
    of aircraft and aircraft parts under this section.
        (2) Contents.--The regulations shall--
            (A) ensure that the sale of the aircraft and aircraft parts 
        is made at a fair market value, as determined by the Secretary 
        of Defense, and, to the extent practicable, on a competitive 
        basis;
            (B) require a certification by the purchaser that the 
        aircraft and aircraft parts will be used only in accordance 
        with the conditions set forth in subsection (b);
            (C) establish appropriate means of verifying and enforcing 
        the use of the aircraft and aircraft parts by the purchaser and 
        other operators in accordance with the conditions set forth in 
        subsection (b) or pursuant to subsection (e); and
            (D) ensure, to the maximum extent practicable, that the 
        Secretary of Defense consults with the Administrator of General 
        Services and with the heads of appropriate departments and 
        agencies of the Federal Government regarding alternative 
        requirements for such aircraft and aircraft parts before the 
        sale of such aircraft and aircraft parts under this section.
    (e) Additional Terms and Conditions.--The Secretary of Defense may 
require such other terms and conditions in connection with each sale of 
aircraft and aircraft parts under this section as the Secretary 
considers appropriate for such sale. Such terms and conditions shall 
meet the requirements of regulations prescribed under subsection (d).
    (f) Report.--Not later than March 31, 2002, the Secretary of 
Defense shall transmit to the Committees on Armed Services and 
Commerce, Science, and Transportation of the Senate and the Committees 
on National Security and Transportation and Infrastructure of the House 
of Representatives a report on the Secretary's exercise of authority 
under this section. The report shall set forth--
        (1) the number and types of aircraft sold under the authority, 
    and the terms and conditions under which the aircraft were sold;
        (2) the persons or entities to which the aircraft were sold; 
    and
        (3) an accounting of the current use of the aircraft sold.
    (g) Statutory Construction.--
        (1) Authority of administrator.--Nothing in this section may be 
    construed as affecting the authority of the Administrator under any 
    other provision of law.
        (2) Certification requirements.--Nothing in this section may be 
    construed to waive, with respect to an aircraft sold under the 
    authority of this section, any requirement to obtain a certificate 
    from the Administrator to operate the aircraft for any purpose 
    (other than oil spill spotting, observation, and dispersant 
    delivery) for which such a certificate is required.
    (h) Proceeds From Sale.--The net proceeds of any amounts received 
by the Secretary of Defense from the sale of aircraft and aircraft 
parts under this section shall be covered into the general fund of the 
Treasury as miscellaneous receipts.

SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS SYSTEMS 
              OUTSIDE THE UNITED STATES.

    (a) Actions Against Discriminatory Activity by Foreign CRS 
Systems.--Section 41310 is amended by adding at the end the following:
    ``(g) Actions Against Discriminatory Activity by Foreign CRS 
Systems.--The Secretary of Transportation may take such actions as the 
Secretary considers are in the public interest to eliminate an activity 
of a foreign air carrier that owns or markets a computer reservations 
system, or of a computer reservations system firm whose principal 
offices are located outside the United States, when the Secretary, on 
the initiative of the Secretary or on complaint, decides that the 
activity, with respect to airline service--
        ``(1) is an unjustifiable or unreasonable discriminatory, 
    predatory, or anticompetitive practice against a computer 
    reservations system firm whose principal offices are located inside 
    the United States; or
        ``(2) imposes an unjustifiable or unreasonable restriction on 
    access of such a computer reservations system to a foreign 
    market.''.
    (b) Complaints by CRS Firms.--Section 41310 is amended--
        (1) in subsection (d)(1)--
            (A) by striking ``air carrier'' in the first sentence and 
        inserting ``air carrier, computer reservations system firm,'';
            (B) by striking ``subsection (c)'' and inserting 
        ``subsection (c) or (g)''; and
            (C) by striking ``air carrier'' in subparagraph (B) and 
        inserting ``air carrier or computer reservations system firm''; 
        and
        (2) in subsection (e)(1) by inserting ``or a computer 
    reservations system firm is subject when providing services with 
    respect to airline service'' before the period at the end of the 
    first sentence.

SEC. 742. SPECIALTY METALS CONSORTIUM.

    (a) In General.--The Administrator may work with a consortium of 
domestic metal producers and aircraft engine manufacturers to improve 
the quality of turbine engine materials and to address melting 
technology enhancements.
    (b) Report.--Not later than 6 months after entering into an 
agreement with a consortium described in subsection (a), the 
Administrator shall transmit to Congress a report on the goals and 
efforts of the consortium.

SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.

    (a) In General.--The Administrator may conduct a study on the 
impact of alkali silica reactivity distress on airport runways and 
taxiways and the use of lithium salts and other alternatives for 
mitigation and prevention of such distress. The study shall include a 
determination based on in-the-field inspections followed by 
petrographic analysis or other similar techniques.
    (b) Authority To Make Grants.--The Administrator may carry out the 
study by making a grant to, or entering into a cooperative agreement 
with, a nonprofit organization for the conduct of all or a part of the 
study.
    (c) Report.--Not later than 18 months after the date of initiation 
of the study under subsection (a), the Administrator shall transmit to 
Congress a report on the results of the study.

SEC. 744. ROLLING STOCK EQUIPMENT.

    (a) In General.--Section 1168 of title 11, United States Code, is 
amended to read as follows:

``Sec. 1168. Rolling stock equipment

    ``(a)(1) The right of a secured party with a security interest in 
or of a lessor or conditional vendor of equipment described in 
paragraph (2) to take possession of such equipment in compliance with 
an equipment security agreement, lease, or conditional sale contract, 
and to enforce any of its other rights or remedies under such security 
agreement, lease, or conditional sale contract, to sell, lease, or 
otherwise retain or dispose of such equipment, is not limited or 
otherwise affected by any other provision of this title or by any power 
of the court, except that right to take possession and enforce those 
other rights and remedies shall be subject to section 362, if--
        ``(A) before the date that is 60 days after the date of 
    commencement of a case under this chapter, the trustee, subject to 
    the court's approval, agrees to perform all obligations of the 
    debtor under such security agreement, lease, or conditional sale 
    contract; and
        ``(B) any default, other than a default of a kind described in 
    section 365(b)(2), under such security agreement, lease, or 
    conditional sale contract--
            ``(i) that occurs before the date of commencement of the 
        case and is an event of default therewith is cured before the 
        expiration of such 60-day period;
            ``(ii) that occurs or becomes an event of default after the 
        date of commencement of the case and before the expiration of 
        such 60-day period is cured before the later of--
                ``(I) the date that is 30 days after the date of the 
            default or event of the default; or
                ``(II) the expiration of such 60-day period; and
            ``(iii) that occurs on or after the expiration of such 60-
        day period is cured in accordance with the terms of such 
        security agreement, lease, or conditional sale contract, if 
        cure is permitted under that agreement, lease, or conditional 
        sale contract.
    ``(2) The equipment described in this paragraph--
        ``(A) is rolling stock equipment or accessories used on rolling 
    stock equipment, including superstructures or racks, that is 
    subject to a security interest granted by, leased to, or 
    conditionally sold to a debtor; and
        ``(B) includes all records and documents relating to such 
    equipment that are required, under the terms of the security 
    agreement, lease, or conditional sale contract, that is to be 
    surrendered or returned by the debtor in connection with the 
    surrender or return of such equipment.
    ``(3) Paragraph (1) applies to a secured party, lessor, or 
conditional vendor acting in its own behalf or acting as trustee or 
otherwise in behalf of another party.
    ``(b) The trustee and the secured party, lessor, or conditional 
vendor whose right to take possession is protected under subsection (a) 
may agree, subject to the court's approval, to extend the 60-day period 
specified in subsection (a)(1).
    ``(c)(1) In any case under this chapter, the trustee shall 
immediately surrender and return to a secured party, lessor, or 
conditional vendor, described in subsection (a)(1), equipment described 
in subsection (a)(2), if at any time after the date of commencement of 
the case under this chapter such secured party, lessor, or conditional 
vendor is entitled pursuant to subsection (a)(1) to take possession of 
such equipment and makes a written demand for such possession of the 
trustee.
    ``(2) At such time as the trustee is required under paragraph (1) 
to surrender and return equipment described in subsection (a)(2), any 
lease of such equipment, and any security agreement or conditional sale 
contract relating to such equipment, if such security agreement or 
conditional sale contract is an executory contract, shall be deemed 
rejected.
    ``(d) With respect to equipment first placed in service on or prior 
to October 22, 1994, for purposes of this section--
        ``(1) the term `lease' includes any written agreement with 
    respect to which the lessor and the debtor, as lessee, have 
    expressed in the agreement or in a substantially contemporaneous 
    writing that the agreement is to be treated as a lease for Federal 
    income tax purposes; and
        ``(2) the term `security interest' means a purchase-money 
    equipment security interest.
    ``(e) With respect to equipment first placed in service after 
October 22, 1994, for purposes of this section, the term `rolling stock 
equipment' includes rolling stock equipment that is substantially 
rebuilt and accessories used on such equipment.''.
    (b) Aircraft Equipment and Vessels.--Section 1110 of title 11, 
United States Code, is amended to read as follows:

``Sec. 1110. Aircraft equipment and vessels

    ``(a)(1) Except as provided in paragraph (2) and subject to 
subsection (b), the right of a secured party with a security interest 
in equipment described in paragraph (3), or of a lessor or conditional 
vendor of such equipment, to take possession of such equipment in 
compliance with a security agreement, lease, or conditional sale 
contract, and to enforce any of its other rights or remedies, under 
such security agreement, lease, or conditional sale contract, to sell, 
lease, or otherwise retain or dispose of such equipment, is not limited 
or otherwise affected by any other provision of this title or by any 
power of the court.
    ``(2) The right to take possession and to enforce the other rights 
and remedies described in paragraph (1) shall be subject to section 362 
if--
        ``(A) before the date that is 60 days after the date of the 
    order for relief under this chapter, the trustee, subject to the 
    approval of the court, agrees to perform all obligations of the 
    debtor under such security agreement, lease, or conditional sale 
    contract; and
        ``(B) any default, other than a default of a kind specified in 
    section 365(b)(2), under such security agreement, lease, or 
    conditional sale contract--
            ``(i) that occurs before the date of the order is cured 
        before the expiration of such 60-day period;
            ``(ii) that occurs after the date of the order and before 
        the expiration of such 60-day period is cured before the later 
        of--
                ``(I) the date that is 30 days after the date of the 
            default; or
                ``(II) the expiration of such 60-day period; and
            ``(iii) that occurs on or after the expiration of such 60-
        day period is cured in compliance with the terms of such 
        security agreement, lease, or conditional sale contract, if a 
        cure is permitted under that agreement, lease, or contract.
    ``(3) The equipment described in this paragraph--
        ``(A) is--
            ``(i) an aircraft, aircraft engine, propeller, appliance, 
        or spare part (as defined in section 40102 of title 49) that is 
        subject to a security interest granted by, leased to, or 
        conditionally sold to a debtor that, at the time such 
        transaction is entered into, holds an air carrier operating 
        certificate issued pursuant to chapter 447 of title 49 for 
        aircraft capable of carrying 10 or more individuals or 6,000 
        pounds or more of cargo; or
            ``(ii) a documented vessel (as defined in section 30101(1) 
        of title 46) that is subject to a security interest granted by, 
        leased to, or conditionally sold to a debtor that is a water 
        carrier that, at the time such transaction is entered into, 
        holds a certificate of public convenience and necessity or 
        permit issued by the Department of Transportation; and
        ``(B) includes all records and documents relating to such 
    equipment that are required, under the terms of the security 
    agreement, lease, or conditional sale contract, to be surrendered 
    or returned by the debtor in connection with the surrender or 
    return of such equipment.
    ``(4) Paragraph (1) applies to a secured party, lessor, or 
conditional vendor acting in its own behalf or acting as trustee or 
otherwise in behalf of another party.
    ``(b) The trustee and the secured party, lessor, or conditional 
vendor whose right to take possession is protected under subsection (a) 
may agree, subject to the approval of the court, to extend the 60-day 
period specified in subsection (a)(1).
    ``(c)(1) In any case under this chapter, the trustee shall 
immediately surrender and return to a secured party, lessor, or 
conditional vendor, described in subsection (a)(1), equipment described 
in subsection (a)(3), if at any time after the date of the order for 
relief under this chapter such secured party, lessor, or conditional 
vendor is entitled pursuant to subsection (a)(1) to take possession of 
such equipment and makes a written demand for such possession to the 
trustee.
    ``(2) At such time as the trustee is required under paragraph (1) 
to surrender and return equipment described in subsection (a)(3), any 
lease of such equipment, and any security agreement or conditional sale 
contract relating to such equipment, if such security agreement or 
conditional sale contract is an executory contract, shall be deemed 
rejected.
    ``(d) With respect to equipment first placed in service on or 
before October 22, 1994, for purposes of this section--
        ``(1) the term `lease' includes any written agreement with 
    respect to which the lessor and the debtor, as lessee, have 
    expressed in the agreement or in a substantially contemporaneous 
    writing that the agreement is to be treated as a lease for Federal 
    income tax purposes; and
        ``(2) the term `security interest' means a purchase-money 
    equipment security interest.''.

SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on airport noise in the United States.
    (b) Contents of Study.--In conducting the study, the Comptroller 
General shall examine--
        (1) the selection of noise measurement methodologies used by 
    the Administrator;
        (2) the threshold of noise at which health begins to be 
    affected;
        (3) the effectiveness of noise abatement programs at airports 
    located in the United States;
        (4) the impacts of aircraft noise on communities, including 
    schools;
        (5) the noise assessment practices of the Federal Aviation 
    Administration and whether such practices fairly and accurately 
    reflect the burden of noise on communities; and
        (6) the items requested to be examined by certain Members of 
    the House of Representatives in a letter relating to aircraft noise 
    to the Comptroller General dated April 30, 1999.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall transmit to Congress a 
report on the results of the study.

SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.

    (a) In General.--The Administrator shall conduct a study on recent 
changes to the flight patterns of aircraft using Sky Harbor Airport in 
Phoenix, Arizona, and the effects of such changes on the noise contours 
in the Phoenix, Arizona, region.
    (b) Report.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the Administrator shall transmit to Congress 
    a report containing the results of the study conducted under 
    subsection (a) and recommendations for measures to mitigate 
    aircraft noise over populated areas in the Phoenix, Arizona, 
    region.
        (2) Availability to the public.--The Administrator shall make 
    the report described in paragraph (1) available to the public.

SEC. 747. NONMILITARY HELICOPTER NOISE.

    (a) In General.--The Secretary shall conduct a study--
        (1) on the effects of nonmilitary helicopter noise on 
    individuals in densely populated areas in the continental United 
    States; and
        (2) to develop recommendations for the reduction of the effects 
    of nonmilitary helicopter noise.
    (b) Focus.--In conducting the study, the Secretary shall focus on 
air traffic control procedures to address helicopter noise problems and 
shall take into account the needs of law enforcement.
    (c) Consideration of Views.--In conducting the study, the Secretary 
shall consider the views of representatives of the helicopter industry 
and organizations with an interest in reducing nonmilitary helicopter 
noise.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study conducted under this section.

SEC. 748. NEWPORT NEWS, VIRGINIA.

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

SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, YAVAPAI 
              COUNTY, ARIZONA.

    (a) In General.--Notwithstanding the Federal Airport Act (as in 
effect on October 31, 1956) or sections 47125 and 47153 of title 49, 
United States Code, and subject to this section, the Secretary of 
Transportation may waive any term contained in the deed of conveyance 
dated October 31, 1956, by which the United States conveyed lands to 
the County of Yavapai, Arizona, for use by the county for airport 
purposes.
    (b) Limitation.--No waiver may be granted under subsection (a) if 
the waiver would result in the closure of an airport.
    (c) Condition.--The County of Yavapai, Arizona, shall agree that, 
in leasing or conveying any interest in property to which the deed of 
conveyance described in subsection (a) relates, the county will receive 
an amount that is equal to the fair lease value or the fair market 
value, as the case may be, as determined pursuant to regulations issued 
by the Secretary.

SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, PINAL COUNTY, 
              ARIZONA.

    (a) In General.--Notwithstanding the Federal Airport Act (as in 
effect on June 3, 1952) or sections 47125 and 47153 of title 49, United 
States Code, and subject to this section, the Secretary of 
Transportation may waive any term contained in the deed of conveyance 
dated June 3, 1952, by which the United States conveyed lands to the 
County of Pinal, Arizona, for use by the county for airport purposes.
    (b) Limitation.--No waiver may be granted under subsection (a) if 
the waiver would result in the closure of an airport.
    (c) Condition.--The County of Pinal, Arizona, shall agree that, in 
leasing or conveying any interest in property to which the deed of 
conveyance described in subsection (a) relates, the county will receive 
an amount that is equal to the fair lease value or the fair market 
value, as the case may be, as determined pursuant to regulations issued 
by the Secretary.

SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF HIGHER 
              EDUCATION IN OKLAHOMA.

    (a) In General.--Notwithstanding any other provision of law, 
including the Surplus Property Act of 1944 (58 Stat. 765, chapter 479; 
50 U.S.C. App. 1622 et seq.), and subject to the requirements of this 
section, the Secretary (or the appropriate Federal officer) may waive, 
without charge, any of the terms contained in any deed of conveyance 
described in subsection (b) that restrict the use of any land described 
in such a deed that, as of the date of the enactment of this Act, is 
not being used for the operation of an airport or for air traffic. A 
waiver made under the preceding sentence shall be deemed to be 
consistent with the requirements of section 47153 of title 49, United 
States Code.
    (b) Deed of Conveyance.--A deed of conveyance referred to in 
subsection (a) is a deed of conveyance issued by the United States 
before the date of the enactment of this Act for the conveyance of 
lands to a public institution of higher education in Oklahoma.
    (c) Use of Lands Subject to Waiver.--
        (1) In general.--Notwithstanding any other provision of law, 
    the lands subject to a waiver under subsection (a) shall not be 
    subject to any term, condition, reservation, or restriction that 
    would otherwise apply to that land as a result of the conveyance of 
    that land by the United States to the institution of higher 
    education.
        (2) Use of revenues.--An institution of higher education that 
    is issued a waiver under subsection (a) shall use revenues derived 
    from the use, operation, or disposal of that land--
            (A) for the airport; and
            (B) to the extent that funds remain available, for weather-
        related and educational purposes that primarily benefit 
        aviation.
    (d) Condition.--An institution of higher education that is issued a 
waiver under subsection (a), shall agree that, in leasing or conveying 
any interest in land to which the deed of conveyance described in 
subsection (b) relates, the institution will receive an amount that is 
equal to the fair lease value or the fair market value, as the case may 
be, as determined pursuant to regulations issued by the Secretary.
    (e) Grants.--
        (1) In general.--Notwithstanding any other provision of law, if 
    an institution of higher education that is subject to a waiver 
    under subsection (a) received financial assistance in the form of a 
    grant from the Federal Aviation Administration or a predecessor 
    agency before the date of the enactment of this Act, then the 
    Secretary may waive the repayment of the outstanding amount of any 
    grant that the institution of higher education would otherwise be 
    required to pay.
        (2) Eligibility to receive subsequent grants.--Nothing in 
    paragraph (1) shall affect the eligibility of an institution of 
    higher education that is subject to that paragraph from receiving 
    grants from the Secretary under chapter 471 of title 49, United 
    States Code, or under any other provision of law relating to 
    financial assistance provided through the Federal Aviation 
    Administration.

SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.

    (a) In General.--Subject to the requirements of this section, the 
United States may release, without monetary consideration, all 
restrictions, conditions, and limitations on the use, encumbrance, or 
conveyance of certain land located in Grant Parish, Louisiana, 
identified as Tracts B, C, and D on the map entitled ``Plat of 
Restricted Properties/Former Pollock Army Airfield, Pollock, 
Louisiana'', dated August 1, 1996, to the extent such restrictions, 
conditions, and limitations are enforceable by the United States, but 
the United States shall retain the right of access to, and use of, that 
land for national defense purposes in time of war or national 
emergency.
    (b) Conditions.--Any release under subsection (a) shall be subject 
to the following conditions:
        (1) In leasing or conveying any interest in the land with 
    respect to which releases are granted under subsection (a), the 
    party owning the property after the releases shall receive an 
    amount that is equal to the fair lease value or the fair market 
    value, as the case may be, as determined pursuant to regulations 
    issued by the Secretary.
        (2) Any amount so received may be used only for the 
    development, improvement, operation, or maintenance of the airport.

SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

    (a) In General.--Subject to subsection (b), the Secretary may grant 
a release from any term or condition in a grant agreement for the 
development or improvement of the Raleigh County Memorial Airport, West 
Virginia, if the Secretary determines that the property to which the 
release applies--
        (1) does not exceed 400 acres; and
        (2) is not needed for airport purposes.
    (b) Condition.--The proceeds of the sale of any property to which a 
release under subsection (a) applies shall be used for airport 
purposes.

SEC. 754. IDITAROD AREA SCHOOL DISTRICT.

    Notwithstanding any other provision of law (including section 47125 
of title 49, United States Code), the Administrator of the Federal 
Aviation Administration, or the Administrator of General Services, may 
convey to the Iditarod Area School District without reimbursement all 
right, title, and interest in 12 acres of property at Lake Minchumina, 
Alaska, identified by the Administrator of the Federal Aviation 
Administration, including the structures known as housing units 100 
through 105 and as utility building 301.

SEC. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND 
              COCKPIT VOICE RECORDERS.

    (a) Study.--The Administrator shall conduct a study on the need for 
an alternative power source for on-board flight data recorders and 
cockpit voice recorders.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress a 
report on the results of the study.
    (c) Coordination With NTSB.--If, before submitting the report, the 
Administrator determines, after consultation with the National 
Transportation Safety Board, that the Board is preparing 
recommendations with respect to the matter to be studied under this 
section and will issue the recommendations within a reasonable period 
of time, the Administrator shall transmit to Congress a report 
containing the Administrator's comments on the Board's recommendations 
rather than conducting a separate study under this section.

SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION SYSTEM.

    The Administrator shall develop a national policy and related 
procedures concerning the Terminal Automated Radar Display and 
Information System and sequencing for visual flight rule air traffic 
control towers.

SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFICATION PROCESS 
              AND DYNAMIC TESTING REQUIREMENTS.

    (a) Working Groups.--Not later than 3 months after the date of the 
enactment of this Act, the Administrator shall form a working group 
comprised of both government and industry representatives to make 
recommendations for streamlining the seat and restraint system 
certification process and the 16g dynamic testing requirements under 
part 25 of title 14, Code of Federal Regulations, to focus on reducing 
both the cost and the length of time associated with certification of 
aircraft seats and restraints.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the findings of the working group.

SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR TRAFFIC 
              OVER NORTHERN DELAWARE.

    (a) Definition.--The term ``Brandywine Intercept'' means the point 
over Brandywine Hundred in northern Delaware that pilots use for 
guidance and maintenance of safe operation from other aircraft and over 
which most aircraft pass on their East Operations approach to 
Philadelphia International Airport.
    (b) Findings.--Congress makes the following findings:
        (1) The Brandywine Hundred area of New Castle County, Delaware, 
    serves as a major approach causeway to Philadelphia International 
    Airport's East Operations runways.
        (2) The standard of altitude over the Brandywine Intercept is 
    3,000 feet, with airport scatter charts indicating that within a 
    given hour of consistent weather and visibility aircraft fly over 
    the Brandywine Hundred at anywhere from 2,500 to 4,000 feet.
        (3) Lower airplane altitudes result in increased ground noise.
    (c) Sense of the Senate.--It is the sense of the Senate that the 
Secretary should--
        (1) include northern Delaware in any study of aircraft noise 
    conducted under part 150 of title 14, Code of Federal Regulations, 
    required under the National Environmental Policy Act of 1969 for 
    the redesign of the airspace surrounding Philadelphia International 
    Airport;
        (2) study the feasibility, consistent with safety, of placing 
    the approach causeway for Philadelphia International Airport's East 
    Operations over the Delaware River (instead of Brandywine Hundred); 
    and
        (3) study the feasibility of increasing the standard altitude 
    over the Brandywine Intercept from 3,000 feet to 4,000 feet.

SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.

    Not later than August 1, 2000, the Administrator shall transmit to 
Congress a definitive plan for the continued implementation of Free 
Flight Phase I operational capabilities for fiscal years 2003 through 
2005. The plan shall include and address the recommendations concerning 
operational capabilities for fiscal years 2003 through 2005 due to be 
made by the RTCA Free Flight Steering Committee in December 1999 that 
was established at the direction of the Federal Aviation 
Administration. The plan shall also include budget estimates for the 
implementation of these operational capabilities.

SEC. 760. SENSE OF THE CONGRESS REGARDING PROTECTING THE FREQUENCY 
              SPECTRUM USED FOR AVIATION COMMUNICATION.

    It is the sense of the Congress that with the World Radio 
Communication Conference scheduled to begin in May 2000 and the need to 
ensure that the frequency spectrum available for aviation communication 
and navigation is adequate, the Federal Aviation Administration, 
working with appropriate Federal agencies and departments, should--
        (1) give high priority to developing a national policy to 
    protect the frequency spectrum used for the Global Positioning 
    System that is critical to aviation communications and the safe 
    operation of aircraft; and
        (2) expedite the appointment of the United States Ambassador to 
    the World Radio Communication Conference.

SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF AIR FORCE BASE, 
              ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Interior and the 
Secrtaries of the Army, Air Force, or such other military departments 
as may be necessary and appropriate may convey to the Alaska Railroad 
Corporation for purposes of track realignment all right, title, and 
interest of the United States in and to approximately 227 acres of land 
located on Fort Richardson and on Elmendorf Air Force Base, Alaska, in 
the vicinity of, and in exchange for all right, title, and interest of 
the Alaska Railroad Corporation in, approximately 229 acres of railroad 
right-of-way located between railroad mileposts 117 and 129.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by surveys satisfactory to each Secretary. The cost 
of the surveys shall be borne by the Alaska Railroad Corporation.
    (c) Additional Terms and Conditions.--Each Secretary may require as 
to the real property under his jurisdiction such additional terms and 
conditions in connection with the conveyances under subsection (a) as 
the Secretary considers appropriate to protect the interests of the 
United States. The interest conveyed by the Alaska Railroad Corporation 
to the United States under subsection (a) shall be the full title and 
interest received by the Corporation under the Alaska Railroad Transfer 
Act of 1982 (45 U.S.C. 1201 et seq.). The individual parcels of real 
property conveyed to the United States under this section shall be 
incorporated into the appropriate land withdrawals for the military 
installation in which they are situated or which surround them. The 
interest conveyed to the Corporation by each Secretary under subsection 
(a) shall be subject to the same reservations and limitations under the 
Alaska Railroad Transfer Act of 1982 as are currently applicable to the 
right-of-way for which the land is being exchanged.
    (d) Savings Clause.--Nothing in this section affects the duties, 
responsibilities, and liability of the Federal Government under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) concerning any lands exchanged under 
this section.

SEC. 762. BILATERAL RELATIONSHIP.

    (a) Findings.--Congress makes the following findings:
        (1) The current agreement between the United States and the 
    United Kingdom for operating rights between the two countries, 
    known as Bermuda II, is one of the most restrictive bilateral 
    agreements the United States has with a developed aviation power 
    that provides substantially greater opportunities and has resulted 
    in a disproportionate market share in favor of United Kingdom 
    carriers over United States carriers.
        (2) The United States has attempted in good faith to negotiate 
    a new bilateral agreement, but the United Kingdom has been 
    unwilling to accept or introduce reasonable proposals for a new 
    agreement.
        (3) Because of the United Kingdom's unwillingness to accept 
    reasonable proposals advanced by the United States, the latest 
    rounds of negotiations between the United States and the United 
    Kingdom for new operating rights have failed to produce an 
    agreement between the two countries.
        (4) The Secretary has the discretionary authority to revoke the 
    exemption held by British carriers to operate the Concorde aircraft 
    into the United States.
    (b) Consideration of Exercising Authority.--The Secretary should 
immediately consider whether exercise of his authority to revoke the 
Concorde exemption would be an appropriate and effective response to 
the present unsatisfactory situation.
    (c) Consideration of Other Remedies.--The Secretary should 
immediately consider whether it would be effective and appropriate to 
execute other remedies available to the United States Government, 
including--
        (1) revoking all slots and slot exemptions held by British air 
    carriers at all United States slot-restricted airports;
        (2) rescinding current exemptions or permits under the Bermuda 
    II bilateral to prohibit flights by British carriers to the United 
    States; or
        (3) renunciation of the current Bermuda II bilateral.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``National Parks Air Tour Management 
Act of 2000''.

SEC. 802. FINDINGS.

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

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

    (a) In General.--Chapter 401 (as amended by section 706(a) of this 
Act) is further amended by adding at the end the following:

``Sec. 40128. Overflights of national parks

    ``(a) In General.--
        ``(1) General requirements.--A commercial air tour operator may 
    not conduct commercial air tour operations over a national park or 
    tribal lands except--
            ``(A) in accordance with this section;
            ``(B) in accordance with conditions and limitations 
        prescribed for that operator by the Administrator; and
            ``(C) in accordance with any applicable air tour management 
        plan for the park or tribal lands.
        ``(2) Application for operating authority.--
            ``(A) Application required.--Before commencing commercial 
        air tour operations over a national park or tribal lands, a 
        commercial air tour operator shall apply to the Administrator 
        for authority to conduct the operations over the park or tribal 
        lands.
            ``(B) Competitive bidding for limited capacity parks.--
        Whenever an air tour management plan limits the number of 
        commercial air tour operations over a national park during a 
        specified time frame, the Administrator, in cooperation with 
        the Director, shall issue operation specifications to 
        commercial air tour operators that conduct such operations. The 
        operation specifications shall include such terms and 
        conditions as the Administrator and the Director find necessary 
        for management of commercial air tour operations over the park. 
        The Administrator, in cooperation with the Director, shall 
        develop an open competitive process for evaluating proposals 
        from persons interested in providing commercial air tour 
        operations over the park. In making a selection from among 
        various proposals submitted, the Administrator, in cooperation 
        with the Director, shall consider relevant factors, including--
                ``(i) the safety record of the person submitting the 
            proposal or pilots employed by the person;
                ``(ii) any quiet aircraft technology proposed to be 
            used by the person submitting the proposal;
                ``(iii) the experience of the person submitting the 
            proposal with commercial air tour operations over other 
            national parks or scenic areas;
                ``(iv) the financial capability of the person 
            submitting the proposal;
                ``(v) any training programs for pilots provided by the 
            person submitting the proposal; and
                ``(vi) responsiveness of the person submitting the 
            proposal to any relevant criteria developed by the National 
            Park Service for the affected park.
            ``(C) Number of operations authorized.--In determining the 
        number of authorizations to issue to provide commercial air 
        tour operations over a national park, the Administrator, in 
        cooperation with the Director, shall take into consideration 
        the provisions of the air tour management plan, the number of 
        existing commercial air tour operators and current level of 
        service and equipment provided by any such operators, and the 
        financial viability of each commercial air tour operation.
            ``(D) Cooperation with nps.--Before granting an application 
        under this paragraph, the Administrator, in cooperation with 
        the Director, shall develop an air tour management plan in 
        accordance with subsection (b) and implement such plan.
            ``(E) Time limit on response to atmp applications.--The 
        Administrator shall make every effort to act on any application 
        under this paragraph and issue a decision on the application 
        not later than 24 months after it is received or amended.
            ``(F) Priority.--In acting on applications under this 
        paragraph to provide commercial air tour operations over a 
        national park, the Administrator shall give priority to an 
        application under this paragraph in any case in which a new 
        entrant commercial air tour operator is seeking operating 
        authority with respect to that national park.
        ``(3) Exception.--Notwithstanding paragraph (1), commercial air 
    tour operators may conduct commercial air tour operations over a 
    national park under part 91 of the title 14, Code of Federal 
    Regulations if--
            ``(A) such activity is permitted under part 119 of such 
        title;
            ``(B) the operator secures a letter of agreement from the 
        Administrator and the national park superintendent for that 
        national park describing the conditions under which the 
        operations will be conducted; and
            ``(C) the total number of operations under this exception 
        is limited to not more than five flights in any 30-day period 
        over a particular park.
        ``(4) Special rule for safety requirements.--Notwithstanding 
    subsection (c), an existing commercial air tour operator shall 
    apply, not later than 90 days after the date of the enactment of 
    this section, for operating authority under part 119, 121, or 135 
    of title 14, Code of Federal Regulations. A new entrant commercial 
    air tour operator shall apply for such authority before conducting 
    commercial air tour operations over a national park or tribal 
    lands. The Administrator shall make every effort to act on any such 
    application for a new entrant and issue a decision on the 
    application not later than 24 months after it is received or 
    amended.
    ``(b) Air Tour Management Plans.--
        ``(1) Establishment.--
            ``(A) In general.--The Administrator, in cooperation with 
        the Director, shall establish an air tour management plan for 
        any national park or tribal land for which such a plan is not 
        in effect whenever a person applies for authority to conduct a 
        commercial air tour operation over the park. The air tour 
        management plan shall be developed by means of a public process 
        in accordance with paragraph (4).
            ``(B) Objective.--The objective of any air tour management 
        plan shall be to develop acceptable and effective measures to 
        mitigate or prevent the significant adverse impacts, if any, of 
        commercial air tour operations upon the natural and cultural 
        resources, visitor experiences, and tribal lands.
        ``(2) Environmental determination.--In establishing an air tour 
    management plan under this subsection, the Administrator and the 
    Director shall each sign the environmental decision document 
    required by section 102 of the National Environmental Policy Act of 
    1969 (42 U.S.C. 4332) which may include a finding of no significant 
    impact, an environmental assessment, or an environmental impact 
    statement and the record of decision for the air tour management 
    plan.
        ``(3) Contents.--An air tour management plan for a national 
    park--
            ``(A) may prohibit commercial air tour operations in whole 
        or in part;
            ``(B) may establish conditions for the conduct of 
        commercial air tour operations, including commercial air tour 
        routes, maximum or minimum altitudes, time-of-day restrictions, 
        restrictions for particular events, maximum number of flights 
        per unit of time, intrusions on privacy on tribal lands, and 
        mitigation of noise, visual, or other impacts;
            ``(C) shall apply to all commercial air tour operations 
        within \1/2\ mile outside the boundary of a national park;
            ``(D) shall include incentives (such as preferred 
        commercial air tour routes and altitudes, relief from caps and 
        curfews) for the adoption of quiet aircraft technology by 
        commercial air tour operators conducting commercial air tour 
        operations at the park;
            ``(E) shall provide for the initial allocation of 
        opportunities to conduct commercial air tour operations if the 
        plan includes a limitation on the number of commercial air tour 
        operations for any time period; and
            ``(F) shall justify and document the need for measures 
        taken pursuant to subparagraphs (A) through (E) and include 
        such justifications in the record of decision.
        ``(4) Procedure.--In establishing an air tour management plan 
    for a national park or tribal lands, the Administrator and the 
    Director shall--
            ``(A) hold at least one public meeting with interested 
        parties to develop the air tour management plan;
            ``(B) publish the proposed plan in the Federal Register for 
        notice and comment and make copies of the proposed plan 
        available to the public;
            ``(C) comply with the regulations set forth in sections 
        1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal 
        Regulations (for purposes of complying with the regulations, 
        the Federal Aviation Administration shall be the lead agency 
        and the National Park Service is a cooperating agency); and
            ``(D) solicit the participation of any Indian tribe whose 
        tribal lands are, or may be, overflown by aircraft involved in 
        a commercial air tour operation over the park or tribal lands 
        to which the plan applies, as a cooperating agency under the 
        regulations referred to in subparagraph (C).
        ``(5) Judicial review.--An air tour management plan developed 
    under this subsection shall be subject to judicial review.
        ``(6) Amendments.--The Administrator, in cooperation with the 
    Director, may make amendments to an air tour management plan. Any 
    such amendments shall be published in the Federal Register for 
    notice and comment. A request for amendment of an air tour 
    management plan shall be made in such form and manner as the 
    Administrator may prescribe.
    ``(c) Interim Operating Authority.--
        ``(1) In general.--Upon application for operating authority, 
    the Administrator shall grant interim operating authority under 
    this subsection to a commercial air tour operator for commercial 
    air tour operations over a national park or tribal lands for which 
    the operator is an existing commercial air tour operator.
        ``(2) Requirements and limitations.--Interim operating 
    authority granted under this subsection--
            ``(A) shall provide annual authorization only for the 
        greater of--
                ``(i) the number of flights used by the operator to 
            provide the commercial air tour operations within the 12-
            month period prior to the date of the enactment of this 
            section; or
                ``(ii) the average number of flights per 12-month 
            period used by the operator to provide such operations 
            within the 36-month period prior to such date of enactment, 
            and, for seasonal operations, the number of flights so used 
            during the season or seasons covered by that 12-month 
            period;
            ``(B) may not provide for an increase in the number of 
        commercial air tour operations conducted during any time period 
        by the commercial air tour operator above the number that the 
        air tour operator was originally granted unless such an 
        increase is agreed to by the Administrator and the Director;
            ``(C) shall be published in the Federal Register to provide 
        notice and opportunity for comment;
            ``(D) may be revoked by the Administrator for cause;
            ``(E) shall terminate 180 days after the date on which an 
        air tour management plan is established for the park or tribal 
        lands;
            ``(F) shall promote protection of national park resources, 
        visitor experiences, and tribal lands;
            ``(G) shall promote safe commercial air tour operations;
            ``(H) shall promote the adoption of quiet technology, as 
        appropriate; and
            ``(I) shall allow for modifications of the interim 
        operating authority based on experience if the modification 
        improves protection of national park resources and values and 
        of tribal lands.
        ``(3) New entrant air tour operators.--
            ``(A) In general.--The Administrator, in cooperation with 
        the Director, may grant interim operating authority under this 
        paragraph to an air tour operator for a national park or tribal 
        lands for which that operator is a new entrant air tour 
        operator if the Administrator determines the authority is 
        necessary to ensure competition in the provision of commercial 
        air tour operations over the park or tribal lands.
            ``(B) Safety limitation.--The Administrator may not grant 
        interim operating authority under subparagraph (A) if the 
        Administrator determines that it would create a safety problem 
        at the park or on the tribal lands, or the Director determines 
        that it would create a noise problem at the park or on the 
        tribal lands.
            ``(C) ATMP limitation.--The Administrator may grant interim 
        operating authority under subparagraph (A) of this paragraph 
        only if the air tour management plan for the park or tribal 
        lands to which the application relates has not been developed 
        within 24 months after the date of the enactment of this 
        section.
    ``(d) Exemptions.--This section shall not apply to--
        ``(1) the Grand Canyon National Park; or
        ``(2) tribal lands within or abutting the Grand Canyon National 
    Park.
    ``(e) Lake Mead.--This section shall not apply to any air tour 
operator while flying over or near the Lake Mead National Recreation 
Area, solely as a transportation route, to conduct an air tour over the 
Grand Canyon National Park.
    ``(f) Definitions.--In this section, the following definitions 
apply:
        ``(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 the enactment of 
    this section.
        ``(3) New entrant commercial air tour operator.--The term `new 
    entrant commercial air tour operator' means a commercial air tour 
    operator that--
            ``(A) applies for operating authority as a commercial air 
        tour operator for a national park or tribal lands; and
            ``(B) has not engaged in the business of providing 
        commercial air tour operations over the national park or tribal 
        lands in the 12-month period preceding the application.
        ``(4) Commercial air tour operation.--
            ``(A) In general.--The term `commercial air tour operation' 
        means any flight, conducted for compensation or hire in a 
        powered aircraft where a purpose of the flight is sightseeing 
        over a national park, within \1/2\ mile outside the boundary of 
        any national park, or over tribal lands, during which the 
        aircraft flies--
                ``(i) below a minimum altitude, determined by the 
            Administrator in cooperation with the Director, above 
            ground level (except solely for purposes of takeoff or 
            landing, or necessary for safe operation of an aircraft as 
            determined under the rules and regulations of the Federal 
            Aviation Administration requiring the pilot-in-command to 
            take action to ensure the safe operation of the aircraft); 
            or
                ``(ii) less than 1 mile laterally from any geographic 
            feature within the park (unless more than \1/2\ mile 
            outside the boundary).
            ``(B) Factors to consider.--In making a determination of 
        whether a flight is a commercial air tour operation for 
        purposes of this section, the Administrator may consider--
                ``(i) whether there was a holding out to the public of 
            willingness to conduct a sightseeing flight for 
            compensation or hire;
                ``(ii) whether a narrative that referred to areas or 
            points of interest on the surface below the route of the 
            flight was provided by the person offering the flight;
                ``(iii) the area of operation;
                ``(iv) the frequency of flights conducted by the person 
            offering the flight;
                ``(v) the route of flight;
                ``(vi) the inclusion of sightseeing flights as part of 
            any travel arrangement package offered by the person 
            offering the flight;
                ``(vii) whether the flight would have been canceled 
            based on poor visibility of the surface below the route of 
            the flight; and
                ``(viii) any other factors that the Administrator and 
            the Director consider appropriate.
        ``(5) National park.--The term `national park' means any unit 
    of the National Park System.
        ``(6) Tribal lands.--The term `tribal lands' means Indian 
    country (as that term is defined in section 1151 of title 18) that 
    is within or abutting a national park.
        ``(7) Administrator.--The term `Administrator' means the 
    Administrator of the Federal Aviation Administration.
        ``(8) Director.--The term `Director' means the Director of the 
    National Park Service.''.
    (b) Conforming Amendment.--The analysis for chapter 401 (as amended 
by section 706(b) of this Act) is further amended by adding at the end 
the following:
``40128. Overflights of national parks.''.

    (c) Compliance With Other Regulations.--For purposes of section 
40126 of title 49, United States Code--
        (1) regulations issued by the Secretary of Transportation and 
    the Administrator under section 3 of Public Law 100-91 (16 U.S.C. 
    1a-1 note); and
        (2) commercial air tour operations carried out in compliance 
    with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.

SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

    (a) Quiet Technology Requirements.--Within 12 months after the date 
of the enactment of this Act, the Administrator shall designate 
reasonably achievable requirements for fixed-wing and helicopter 
aircraft necessary for such aircraft to be considered as employing 
quiet aircraft technology for purposes of this section. If the 
Administrator determines that the Administrator will not be able to 
make such designation before the last day of such 12-month period, the 
Administrator shall transmit to Congress a report on the reasons for 
not meeting such time period and the expected date of such designation.
    (b) Routes or Corridors.--In consultation with the Director and the 
advisory group established under section 805, the Administrator shall 
establish, by rule, routes or corridors for commercial air tour 
operations (as defined in section 40126(e)(4) of title 49, United 
States Code) by fixed-wing and helicopter aircraft that employ quiet 
aircraft technology for--
        (1) tours of the Grand Canyon originating in Clark County, 
    Nevada; and
        (2) ``local loop'' tours originating at the Grand Canyon 
    National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that 
will not negatively impact the substantial restoration of natural 
quiet, tribal lands, or safety.
    (c) Operational Caps.--Commercial air tour operations by any fixed-
wing or helicopter aircraft that employs quiet aircraft technology and 
that replaces an existing aircraft shall not be subject to the 
operational flight allocations that apply to other commercial air tour 
operations of the Grand Canyon, provided that the cumulative impact of 
such operations does not increase noise at the Grand Canyon.
    (d) Modification of Existing Aircraft To Meet Standards.--A 
commercial air tour operation by a fixed-wing or helicopter aircraft in 
a commercial air tour operator's fleet on the date of the enactment of 
this Act that meets the requirements designated under subsection (a), 
or is subsequently modified to meet the requirements designated under 
subsection (a), may be used for commercial air tour operations under 
the same terms and conditions as a replacement aircraft under 
subsection (c) without regard to whether it replaces an existing 
aircraft.
    (e) Mandate To Restore Natural Quiet.--Nothing in this Act shall be 
construed to relieve or diminish--
        (1) the statutory mandate imposed upon the Secretary of the 
    Interior and the Administrator of the Federal Aviation 
    Administration under Public Law 100-91 (16 U.S.C. 1a-1 note) to 
    achieve the substantial restoration of the natural quiet and 
    experience at the Grand Canyon National Park; and
        (2) the obligations of the Secretary and the Administrator to 
    promulgate forthwith regulations to achieve the substantial 
    restoration of the natural quiet and experience at the Grand Canyon 
    National Park.

SEC. 805. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of the 
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 a national park or tribal 
    lands, which will receive preferential treatment in a given air 
    tour management plan;
        (3) on other measures that might be taken to accommodate the 
    interests of visitors to national parks; and
        (4) at the request of the Administrator and the Director, 
    safety, environmental, and other issues related to commercial air 
    tour operations over a national park or tribal lands.
    (d) Compensation; Support; FACA.--
        (1) Compensation and travel.--Members of the advisory group who 
    are not officers or employees of the United States, while attending 
    conferences or meetings of the group or otherwise engaged in its 
    business, or while serving away from their homes or regular places 
    of business, may be allowed travel expenses, including per diem in 
    lieu of subsistence, as authorized by section 5703 of title 5, 
    United States Code, for persons in the Government service employed 
    intermittently.
        (2) Administrative support.--The Federal Aviation 
    Administration and the National Park Service shall jointly furnish 
    to the advisory group clerical and other assistance.
        (3) Nonapplication of faca.--Section 14 of the Federal Advisory 
    Committee Act (5 U.S.C. App.) does not apply to the advisory group.

SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY 
              MOUNTAIN NATIONAL PARK.

    Effective beginning on the date of the enactment of this Act, no 
commercial air tour operation may be conducted in the airspace over the 
Rocky Mountain National Park notwithstanding any other provision of 
this Act or section 40126 of title 49, United States Code.

SEC. 807. REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of the 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 the enactment of this Act, the Administrator and the 
Director of the National Park Service shall jointly transmit a report 
to Congress on the effectiveness of this title in providing incentives 
for the development and use of quiet aircraft technology.

SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

    Any methodology adopted by a Federal agency to assess air tour 
noise in any unit of the national park system (including the Grand 
Canyon and Alaska) shall be based on reasonable scientific methods.

SEC. 809. ALASKA EXEMPTION.

    The provisions of this title and section 40128 of title 49, United 
States Code, as added by section 803(a), do not apply to any land or 
waters located in Alaska.

   TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

    Section 48102(a) of title 49, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (4)(J);
        (2) by striking the period at the end of paragraph (5) and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(6) for fiscal year 2000, $224,000,000, including--
            ``(A) $17,269,000 for system development and infrastructure 
        projects and activities;
            ``(B) $33,042,500 for capacity and air traffic management 
        technology projects and activities;
            ``(C) $11,265,400 for communications, navigation, and 
        surveillance projects and activities;
            ``(D) $19,300,000 for weather projects and activities;
            ``(E) $6,358,200 for airport technology projects and 
        activities;
            ``(F) $44,457,000 for aircraft safety technology projects 
        and activities;
            ``(G) $53,218,000 for system security technology projects 
        and activities;
            ``(H) $26,207,000 for human factors and aviation medicine 
        projects and activities;
            ``(I) $3,481,000 for environment and energy projects and 
        activities; and
            ``(J) $2,171,000 for innovative/cooperative research 
        projects and activities, of which $750,000 shall be for 
        carrying out subsection (h);
        ``(7) for fiscal year 2001, $237,000,000; and
        ``(8) for fiscal year 2002, $249,000,000.''.

SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

    (a) In General.--Section 44501(c) of title 49, United States Code, 
is amended--
        (1) in paragraph (2)(B)--
            (A) by striking ``and'' at the end of clause (iii);
            (B) by redesignating clause (iv) as clause (v) and 
        inserting after clause (iii) the following:
        ``(iv) identify the individual research and development 
    projects in each funding category that are described in the annual 
    budget request;''
            (C) by striking the period at the end of clause (v) (as so 
        redesignated) and inserting ``; and''; and
            (D) by adding at the end the following:
        ``(vi) highlight the research and development technology 
    transfer activities that promote technology sharing among 
    government, industry, and academia through the Stevenson-Wydler 
    Technology Innovation Act of 1980.''; and
        (2) in paragraph (3) by inserting ``The report shall be 
    prepared in accordance with requirements of section 1116 of title 
    31.'' after ``effect for the prior fiscal year.''.
    (b) Requirement.--Not later than October 1, 2000, the Administrator 
of the National Aeronautics and Space Administration and the 
Administrator of the Federal Aviation Administration shall jointly 
prepare and transmit to the Congress an integrated civil aviation 
research and development plan.
    (c) Contents.--The plan required by subsection (b) shall include--
        (1) an identification of the respective research and 
    development requirements, roles, and responsibilities of the 
    National Aeronautics and Space Administration and the Federal 
    Aviation Administration;
        (2) formal mechanisms for the timely sharing of information 
    between the National Aeronautics and Space Administration and the 
    Federal Aviation Administration; and
        (3) procedures for increased communication and coordination 
    between the Federal Aviation Administration research advisory 
    committee established under section 44508 of title 49, United 
    States Code, and the NASA Aeronautics and Space Transportation 
    Technology Advisory Committee.

SEC. 903. INTERNET AVAILABILITY OF INFORMATION.

    The Administrator shall make available through the Internet home 
page of the Federal Aviation Administration the abstracts relating to 
all research grants and awards made with funds authorized by the 
amendments made by this Act. Nothing in this section shall be construed 
to require or permit the release of any information prohibited by law 
or regulation from being released to the public.

SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

    Section 44504(b)(1) of title 49, United States Code, is amended by 
inserting ``, including nonstructural aircraft systems,'' after ``life 
of aircraft''.

SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    The Administrator shall consider awards to nonprofit concrete 
pavement research foundations to improve the design, construction, 
rehabilitation, and repair of rigid concrete airfield pavements to aid 
in the development of safer, more cost-effective, and durable airfield 
pavements. The Administrator may use a grant or cooperative agreement 
for this purpose. Nothing in this section shall require the 
Administrator to prioritize an airfield pavement research program above 
safety, security, Flight 21, environment, or energy research programs.

SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.

    (a) In General.--The Secretary, in consultation with the National 
Academy of Sciences and representatives of airports, shall evaluate the 
applicability of the techniques used to fund and administer research 
under the National Highway Cooperative Research Program and the 
National Transit Research Program to the research needs of airports.
    (b) Report.--The Secretary shall transmit to Congress a report on 
the results of the evaluation conducted under this section.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.

    (a) In General.--Paragraph (1) of section 9502(d) of the Internal 
Revenue Code of 1986 (relating to expenditures from Airport and Airway 
Trust Fund) is amended--
        (1) by striking ``October 1, 1998'' and inserting ``October 1, 
    2003''; and
        (2) by inserting before the semicolon at the end of 
    subparagraph (A) the following: ``or the provisions of the Omnibus 
    Consolidated and Emergency Supplemental Appropriations Act, 1999 
    providing for payments from the Airport and Airway Trust Fund or 
    the Interim Federal Aviation Administration Authorization Act or 
    section 6002 of the 1999 Emergency Supplemental Appropriations Act, 
    Public Law 106-59, or the Wendell H. Ford Aviation Investment and 
    Reform Act for the 21st Century''.
    (b) Limitation on Expenditure Authority.--Section 9502 of such Code 
is amended by adding at the end the following new subsection:
    ``(f) Limitation on Transfers to Trust Fund.--
        ``(1) In general.--Except as provided in paragraph (2), no 
    amount may be appropriated or credited to the Airport and Airway 
    Trust Fund on and after the date of any expenditure from the 
    Airport and Airway Trust Fund which is not permitted by this 
    section. The determination of whether an expenditure is so 
    permitted shall be made without regard to--
            ``(A) any provision of law which is not contained or 
        referenced in this title or in a revenue Act; and
            ``(B) whether such provision of law is a subsequently 
        enacted provision or directly or indirectly seeks to waive the 
        application of this subsection.
        ``(2) Exception for prior obligations.--Paragraph (1) shall not 
    apply to any expenditure to liquidate any contract entered into (or 
    for any amount otherwise obligated) before October 1, 2003, in 
    accordance with the provisions of this section.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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