I

106TH CONGRESS

1ST SESSION H. R. 1000

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

Federal Aviation Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

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

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

Transportation and Infrastructure, and in addition to the Committees on

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

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

the jurisdiction of the committee concerned

A BILL

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

other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.
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Sec. 2. Amendments to title 49, United States Code.

Sec. 3. Administrator defined.

TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS

Sec. 101. Airport improvement program.

Sec. 102. Airway facilities improvement program.

Sec. 103. FAA operations.

Sec. 104. Aviation safety accelerated program.

Sec. 105. AIP formula changes.

Sec. 106. Discretionary use of unused apportionments.

Sec. 107. Designating current and former military airports.

Sec. 108. Eligibility of runway incursion prevention devices; emergency call

boxes.

Sec. 109. Passenger facility fees.

Sec. 110. Competition plans.

Sec. 111. Grants from small airport fund.

Sec. 112. Contract tower cost-sharing.

Sec. 113. Innovative use of airport grant funds.

Sec. 114. Airport security program.

Sec. 115. Matching share.

Sec. 116. Passenger facility fees and letters of intent.

Sec. 117. Treatment of certain facilities as airport-related projects.

Sec. 118. Terminal development costs.

Sec. 119. Conveyances of surplus property for public airports.

Sec. 120. Construction of runways.

Sec. 121. General facilities authority.

Sec. 122. Denial of airport access to certain air carriers.

Sec. 123. Budget submission.

Sec. 124. Technical amendments.

Sec. 125. Use of recycled materials.

Sec. 126. Pavement maintenance.

TITLE II—AIRLINE SERVICE IMPROVEMENTS

Subtitle A—Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.

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

service.

Sec. 203. Waiver of local contribution.

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

Subtitle B—Regional Air Service Incentive Program

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

Sec. 212. Authorization of appropriations.

TITLE III—FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.

Sec. 302. Air traffic control oversight board.

Sec. 303. Chief operating officer.

Sec. 304. Federal Aviation Management Advisory Council.

Sec. 305. Environmental streamlining.

Sec. 306. Clarification of regulatory approval process.

Sec. 307. Independent study of FAA costs and allocations.
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TITLE IV—FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.

Sec. 402. Air carrier plans.

Sec. 403. Foreign air carrier plans.

Sec. 404. Applicability of Death on the High Seas Act.

TITLE V—SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.

Sec. 502. Records of employment of pilot applicants.

Sec. 503. Whistleblower protection for FAA employees.

Sec. 504. Safety risk mitigation programs.

Sec. 505. Flight operations quality assurance rules.

Sec. 506. Small airport certification.

Sec. 507. Life-limited aircraft parts.

Sec. 508. FAA may fine unruly passengers.

TITLE VI—WHISTLEBLOWER PROTECTION

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

Sec. 602. Civil penalty.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.

Sec. 702. Prohibition on release of offeror proposals.

Sec. 703. Multiyear procurement contracts.

Sec. 704. Federal Aviation Administration personnel management system.

Sec. 705. Nondiscrimination in airline travel.

Sec. 706. General facilities and personnel authority.

Sec. 707. Implementation of article 83 BIS of the Chicago Convention.

Sec. 708. Public availability of airmen records.

Sec. 709. Appeals of emergency revocations of certificates.

Sec. 710. Government and industry consortia.

Sec. 711. Passenger manifest.

Sec. 712. Cost recovery for foreign aviation services.

Sec. 713. Technical corrections to civil penalty provisions.

Sec. 714. Enhanced vision technologies.

Sec. 715. Waiver under Airport Noise and Capacity Act.

Sec. 716. Typographical errors.

Sec. 717. Acquisition management system.

Sec. 718. Extension of application approvals for Metropolitan Washington Airport Authority.

Sec. 719. Aircraft situational display data.

Sec. 720. Elimination of backlog of equal employment opportunity complaints.

Sec. 721. Newport News, Virginia.

Sec. 722. Grant of easement, Los Angeles, California.

Sec. 723. Regulation of Alaska guide pilots.

Sec. 724. Public aircraft.

Sec. 725. Extension of war risk insurance program.

Sec. 726. Centennial of Flight Commission.

Sec. 727. Pilot program for capital leasing contracts.

Sec. 728. Repeal of mail rate-setting authority.

Sec. 729. Aircraft repair and maintenance advisory panel.
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TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.

Sec. 802. Findings.

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

Sec. 804. Advisory group.

Sec. 805. Reports.

Sec. 806. Exemptions.

Sec. 807. Definitions.

TITLE IX—TRUTH IN BUDGETING

Sec. 901. Short title.

Sec. 902. Budgetary treatment of Airport and Airway Trust Fund, Inland Waterways Trust Fund, and Harbor Maintenance Trust Fund.

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

Fund.

Sec. 904. Applicability.

TITLE X—AVIATION SPENDING GUARANTEE

Sec. 1001. Discretionary spending categories.

Sec. 1002. Budget estimates.

Sec. 1003. Guaranteed expenditure of aviation revenue.

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

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

6 to a section or other provision of title 49, United States

7 Code.

8 SEC. 3. ADMINISTRATOR DEFINED.

9 In this Act, the term ‘‘Administrator’’ means the Ad10 ministrator of the Federal Aviation Administration.

11 TITLE I—AIRPORT AND AIRWAY

12 IMPROVEMENTS

13 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

15 48103 is amended by striking ‘‘shall be $1,205,000,000’’
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1 and all that follows through the period at the end and

2 inserting the following: ‘‘shall be—

3 ‘‘(1) $2,410,000,000 for fiscal year 1999; and

4 ‘‘(2) $5,000,000,000 for each of fiscal years

5 2000 through 2004.’’.

6 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c)

7 is amended by striking ‘‘March 31, 1999,’’ and inserting

8 ‘‘September 30, 2004,’’.

9 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

10 (a) GENERAL AUTHORIZATION AND APPROPRIA11 TIONS.—Section 48101(a) is amended by striking para12 graphs (1) and (2) and inserting the following:

13 ‘‘(1) $2,131,000,000 for fiscal year 1999.

14 ‘‘(2) $3,000,000,000 for fiscal year 2000.

15 ‘‘(3) $3,200,000,000 for each of fiscal years

16 2001 through 2004.’’.

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

18 amended by adding at the end the following:

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

20 appropriated under subsection (a) for fiscal year 2000,

21 $8,000,000 may be used for the voluntary purchase and

22 installation of universal access systems.’’.

23 SEC. 103. FAA OPERATIONS.

24 (a) AUTHORIZATION OF APPROPRIATIONS FROM

25 GENERAL FUND.—Section 106(k) is amended—
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1 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

2 ‘‘There’’;

3 (2) in paragraph (1) (as designated by para4 graph (1) of this subsection) by striking ‘‘the Ad5 ministration’’ and all that follows through the period

6 at the end and inserting the following: ‘‘the

7 Administration—

8 ‘‘(1) $5,632,000,000 for fiscal year 1999;

9 ‘‘(2) $6,096,000,000 for fiscal year 2000;

10 ‘‘(3) $6,675,000,000 for fiscal year 2001;

11 ‘‘(4) $7,310,000,000 for fiscal year 2002;

12 ‘‘(5) $8,004,000,000 for fiscal year 2003; and

13 ‘‘(6) $8,764,000,000 for fiscal year 2004.’’;

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

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

16 amounts appropriated under paragraph (1) for fiscal

17 years 2000 through 2004—

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

19 for wildlife hazard mitigation measures and

20 management of the wildlife strike database of

21 the Federal Aviation Administration;

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

23 be used to fund an office within the Federal

24 Aviation Administration dedicated to supporting
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1 infrastructure systems development for both

2 general aviation and the vertical flight industry;

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

4 be used to revise existing terminal and en route

5 procedures and instrument flight rules to facili6 tate the takeoff, flight, and landing of tiltrotor

7 aircraft and to improve the national airspace

8 system by separating such aircraft from con9 gested flight paths of fixed-wing aircraft;

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

11 be used to establish helicopter approach proce12 dures using current technologies (such as the

13 Global Positioning System) to support all14 weather, emergency medical service for trauma

15 patients;

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

17 used to implement the 1998 airport surface op18 erations safety action plan of the Federal Avia19 tion Administration;

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

21 used to support a university consortium estab22 lished to provide an air safety and security

23 management certificate program, working coop24 eratively with United States air carriers; except

25 that funds under this subparagraph—
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1 ‘‘(i) may not be used for the construc2 tion of a building or other facility; and

3 ‘‘(ii) may only be awarded on the

4 basis of open competition; and

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

6 be used to develop or improve training pro7 grams (including model training programs and

8 curriculum) for security screeners at airports.’’;

9 and

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

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

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

13 paragraph (2) of this subsection).

14 (b) AUTHORIZATION OF APPROPRIATIONS FROM

15 TRUST FUND.—Section 48104 is amended by striking

16 subsections (b) and (c) and inserting the following:

17 ‘‘(b) LIMITATION FOR FISCAL YEAR 1999.—The

18 amount appropriated from the Trust Fund for the pur19 poses of paragraphs (1) and (2) of subsection (a) for fiscal

20 year 1999 may not exceed the lesser of—

21 ‘‘(1) 50 percent of the amount of funds made

22 available under sections 48101 through 48103 for

23 such fiscal year; or
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1 ‘‘(2)(A) 72.5 percent of the amount of funds

2 made available under sections 106(k) and 48101

3 through 48103 for such fiscal year; less

4 ‘‘(B) the amount of funds made available under

5 sections 48101–48103 for such fiscal year.

6 ‘‘(c) LIMITATION FOR FISCAL YEARS 2000–2004.—

7 The amount appropriated from the Trust Fund for the

8 purposes of paragraphs (1) and (2) of subsection (a) for

9 each of fiscal years 2000 through 2004 may not exceed—

10 ‘‘(1) 70 percent of the FAA guaranteed spend11 ing levels for budget resources under section 48302,

12 as adjusted, for such fiscal year; less

13 ‘‘(2) the amount of funds made available under

14 sections 48101 through 48103 and 48112 for such

15 fiscal year.’’.

16 (c) LIMITATION ON OBLIGATING OR EXPENDING

17 AMOUNTS.—Section 48108(c) is amended by striking

18 ‘‘1998’’ and inserting ‘‘2004’’.

19 SEC. 104. AVIATION SAFETY ACCELERATED PROGRAM.

20 (a) FUNDING.—

21 (1) ESTABLISHMENT OF FUNDING LEVELS.—

22 Chapter 481 is amended by adding at the end the

23 following:
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1 ‘‘§ 48112. Aviation safety accelerated program

2 ‘‘The total amounts which shall be available after

3 September 30, 1999, out of the Airport and Airway Trust

4 Fund established under section 9502 of the Internal Reve5 nue Code of 1986 (26 U.S.C. 9502) to make grants for

6 the aviation safety accelerated program under section

7 47161 shall be—

8 ‘‘(1) $921,000,000 for fiscal year 2000;

9 ‘‘(2) $1,254,000,000 for fiscal year 2001;

10 ‘‘(3) $2,157,000,000 for fiscal year 2002;

11 ‘‘(4) $2,787,000,000 for fiscal year 2003; and

12 ‘‘(5) $3,125,000,000 for fiscal year 2004.’’.

13 (2) CONFORMING AMENDMENT.—The analysis

14 for such chapter is amended by adding at the end

15 the following:

‘‘48112. Aviation safety accelerated program.’’.

16 (b) ESTABLISHMENT OF PROGRAM.—

17 (1) IN GENERAL.—Chapter 471 is amended by

18 adding at the end the following:

19 ‘‘SUBCHAPTER III—AVIATION SAFETY

20 ACCELERATED PROGRAM

21 ‘‘§ 47161. Project grant authority

22 ‘‘(a) GENERAL AUTHORITY.—To provide for the

23 aviation safety accelerated program, the Secretary of

24 Transportation may make project grants under this sub25 chapter from the Airport and Airway Trust Fund estab-
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1 lished under section 9502 of the Internal Revenue Code

2 of 1986.

3 ‘‘(b) INCURRING OBLIGATIONS.—The Secretary may

4 incur obligations to make grants from amounts made

5 available for a fiscal year ending on or before September

6 30, 2004, under section 48112 beginning on the first day

7 of the fiscal year.

8 ‘‘§ 47162. Eligible projects

9 ‘‘Projects for the following purposes shall be eligible

10 for assistance under this subchapter:

11 ‘‘(1) Projects to provide substantial and imme12 diate benefits to reduce delays and congestion at air13 ports and in the air traffic control system.

14 ‘‘(2) Projects to construct airport improvements

15 or acquire air traffic equipment to enhance competi16 tion among air carriers at an airport.

17 ‘‘(3) Projects to enhance air service to small18 and medium-sized communities.

19 ‘‘§ 47163. Allocation of amounts

20 ‘‘Of the total amount made available under section

21 48112 for a fiscal year—

22 ‘‘(1) not more than 35 percent may be used for

23 projects described in section 47162(1);

24 ‘‘(2) not more than 35 percent may be used for

25 projects described in subsection 47162(2); and
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1 ‘‘(3) not more than 30 percent may be used for

2 projects described in subsection 47162(3).

3 ‘‘§ 47164. Procedural requirements

4 ‘‘The Secretary shall establish innovative methods for

5 processing, reviewing, and approving projects funded

6 under this subchapter in order to reduce, to the maximum

7 extent practicable, the time required from an applicant’s

8 request for project approval through the completion of the

9 project. In carrying out this section, the Secretary shall

10 incorporate best management practices used from similar

11 programs carried out by the Department of Transpor12 tation for other modes of transportation.’’.

13 (2) CONFORMING AMENDMENT.—The table of

14 sections for chapter 471 is amended by adding at

15 the end the following:

‘‘SUBCHAPTER III—AVIATION SAFETY ACCELERATED PROGRAM

‘‘47161. Project grant authority.

‘‘47162. Eligible projects.

‘‘47163. Allocation of amounts.

‘‘47164. Procedural requirements.’’.

16 SEC. 105. AIP FORMULA CHANGES.

17 (a) DISCRETIONARY FUND.—Section 47115 is

18 amended by striking subsections (g) and (h) and inserting

19 the following:

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

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

22 the Secretary shall fulfill intentions to obligate under
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1 section 47110(e) with amounts available in the fund

2 established by subsection (a) and, if such amounts

3 are not sufficient for a fiscal year, with amounts

4 made available to carry out sections 47114(c)(1)(A),

5 47114(c)(2), 47114(d), and 47117(e) on a pro rata

6 basis.

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

8 under sections 47114(c)(1)(A), 47114(c)(2),

9 47114(d), and 47117(e) of each fiscal year, the Sec10 retary shall determine the amount of funds that will

11 be necessary to fulfill intentions to obligate under

12 section 47110(e) in such fiscal year. If such amount

13 is greater than the amount of funds that will be

14 available in the fund established by subsection (a)

15 for such fiscal year, the Secretary shall reduce the

16 amount to be apportioned under such sections for

17 such fiscal year on a pro rata basis by an amount

18 equal to the difference.’’.

19 (b) AMOUNTS APPORTIONED TO SPONSORS.—Section

20 47114(c)(1) is amended—

21 (1) in subparagraph (A) by striking clauses (i)

22 through (v) and inserting the following:

23 ‘‘(i) $23.40 for each of the first 50,000 pas24 senger boardings at the airport during the prior cal25 endar year;
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1 ‘‘(ii) $15.60 for each of the next 50,000 pas2 senger boardings at the airport during the prior cal3 endar year;

4 ‘‘(iii) $7.80 for each of the next 400,000 pas5 senger boardings at the airport during the prior cal6 endar year;

7 ‘‘(iv) $1.95 for each of the next 500,000 pas8 senger boardings at the airport during the prior cal9 endar year; and

10 ‘‘(v) $1.50 for each additional passenger board11 ing at the airport during the prior calendar year.’’;

12 (2) in subparagraph (B) by striking ‘‘$500,000

13 nor more than $22,000,000’’ and inserting

14 ‘‘$1,500,000’’; and

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

16 ‘‘(C) Notwithstanding subparagraph (A), the Sec17 retary shall apportion to an airport sponsor in a fiscal year

18 an amount equal to the amount apportioned to that spon19 sor in the previous fiscal year if the Secretary finds that—

20 ‘‘(i) passenger boardings at the airport were

21 less than 10,000 in the calendar year used to cal22 culate the apportionment;

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

24 boardings in the calendar year prior to the calendar

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

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

4 to an employment action, natural disaster, or other

5 event unrelated to the demand for air transportation

6 at the airport.’’.

7 (c) CARGO ONLY AIRPORTS.—Section

8 47114(c)(2)(A) is amended by striking ‘‘2.5 percent’’ and

9 inserting ‘‘3 percent’’.

10 (d) ENTITLEMENT FOR GENERAL AVIATION AIR11 PORTS.—

12 (1) IN GENERAL.—Section 47114(d)(2) is

13 amended—

14 (A) in the matter preceding subparagraph

15 (A) by striking ‘‘18.5 percent’’ and inserting

16 ‘‘20 percent’’;

17 (B) in subparagraph (A) by striking

18 ‘‘0.66’’ and inserting ‘‘0.62’’; and

19 (C) in each of subparagraphs (B) and

20 (C)—

21 (i) by striking ‘‘paragraph (3)’’ and

22 inserting ‘‘paragraphs (3) and (4)’’; and

23 (ii) by striking ‘‘49.67’’ and inserting

24 ‘‘49.69’’.
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1 (2) SPECIAL RULE.—Section 47114(d) is

2 amended by adding at the end the following:

3 ‘‘(4) MINIMUM APPORTIONMENT.—Each air4 port, excluding primary airports but including re5 liever and nonprimary commercial service airports,

6 in States shall be apportioned an amount under

7 paragraph (2) that is the lesser of—

8 ‘‘(A) $200,000; or

9 ‘‘(B) one-fifth of the most recently published es10 timate of the 5-year costs for airport improvement

11 for the airport, as listed in the national plan of inte12 grated airport systems developed by the Federal

13 Aviation Administration under section 47103.’’.

14 (e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

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

16 read as follows:

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

18 under paragraph (2) of this subsection for airports

19 in Alaska, Puerto Rico, or Hawaii may be made

20 available by the Secretary for any public airport in

21 those respective jurisdictions.’’.

22 (f) USE OF STATE-APPORTIONED FUNDS FOR SYS23 TEM PLANNING.—Section 47114(d) is further amended by

24 adding at the end the following:
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1 ‘‘(5) INTEGRATED AIRPORT SYSTEM PLAN2 NING.—Notwithstanding paragraph (2), funds made

3 available under this subsection may be used for inte4 grated airport system planning that encompasses 1

5 or more primary airports.’’.

6 (g) FLEXIBILITY IN PAVEMENT CONSTRUCTION

7 STANDARDS.—

8 Section 47114(d) is further amended by adding at

9 the end the following:

10 ‘‘(6) FLEXIBILITY IN PAVEMENT CONSTRUC11 TION STANDARDS.—The Secretary may permit the

12 use of State highway specifications for airfield pave13 ment construction using funds made available under

14 this subsection at nonprimary airports serving air15 craft that do not exceed 60,000 pounds gross weight

16 if the Secretary determines that—

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

18 and

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

20 shorter than it would be if constructed using

21 Federal Aviation Administration standards.’’.

22 (h) GRANTS FOR AIRPORT NOISE COMPATIBILITY

23 PLANNING.—Section 47117(e)(1) is amended—
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1 (1) in subparagraph (A) by striking ‘‘31 per2 cent’’ each place it appears and inserting ‘‘34 per3 cent’’; and

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

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

6 and inserting ‘‘At least 4 percent to sponsors of cur7 rent’’.

8 (i) SUPPLEMENTAL APPORTIONMENT FOR ALAS9 KA.—Section 47114(e) is amended—

10 (1) in the subsection heading by striking ‘‘AL11 TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;

12 (2) in paragraph (1)—

13 (A) by striking ‘‘Instead of apportioning

14 amounts for airports in Alaska under’’ and in15 serting ‘‘IN GENERAL.—Notwithstanding’’;

16 (B) by striking ‘‘those airports’’ and in17 serting ‘‘airports in Alaska’’; and

18 (C) by inserting before the period at the

19 end of the first sentence ‘‘and by increasing the

20 amount so determined for each of those airports

21 by 3 times’’;

22 (3) in paragraph (2) by inserting ‘‘AUTHORITY

23 FOR DISCRETIONARY GRANTS.—’’ before ‘‘This sub24 section’’;
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1 (4) by striking paragraph (3) and inserting the

2 following:

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

4 amount apportioned under this subsection may be

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

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

7 and paragraph (2) with paragraph (3) (as amended

8 by paragraph (4) of this subsection).

9 (j) REPEAL OF APPORTIONMENT LIMITATION ON

10 COMMERCIAL SERVICE AIRPORTS IN ALASKA.—Section

11 47117 is amended by striking subsection (f) and by redes12 ignating subsections (g) and (h) as subsections (f) and (g),

13 respectively.

14 (k) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on October 1, 1999.

16 SEC. 106. DISCRETIONARY USE OF UNUSED APPORTION17 MENTS.

18 (a) IN GENERAL.—Section 47117(f) (as redesignated

19 by section 105(j) of this Act) is amended to read as fol20 lows:

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

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

23 if the Secretary finds that all or part of an amount

24 of an apportionment under section 47114 is not re25 quired during a fiscal year to fund a grant for which
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1 the apportionment may be used, the Secretary may

2 use the amount not so required to make grants for

3 airport planning and airport development under sec4 tion 47104 during such fiscal year. The finding may

5 be based on the notifications that the Secretary re6 ceives under section 47105(f) or on other informa7 tion received from airport sponsors.

8 ‘‘(2) RESTORATION OF APPORTIONMENTS.—

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

10 which a finding is made under paragraph (1)

11 with respect to an apportionment is not the last

12 fiscal year of availability of the apportionment,

13 under subsection (b), the Secretary shall re14 store, to the apportionment an amount equal to

15 the amount of the apportionment used under

16 paragraph (1) for a discretionary grant when17 ever a sufficient amount is made available

18 under section 48103 for grant obligations under

19 sections 47104.

20 ‘‘(B) PERIOD OF AVAILABILITY.—If res21 toration under this paragraph is made in the

22 fiscal year for which the finding is made or the

23 succeeding fiscal year, the amount restored

24 shall be subject to the original period of avail25 ability of the apportionment under subsection
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1 (b). If the restoration is made thereafter, the

2 amount restored shall remain available in ac3 cordance with subsection (b) for the original pe4 riod of availability of the apportionment, plus

5 the number of fiscal years during which a suffi6 cient amount was not available for the restora7 tion.

8 ‘‘(3) NEWLY AVAILABLE AMOUNTS.—

9 ‘‘(A) RESTORED AMOUNTS TO BE UN10 AVAILABLE FOR DISCRETIONARY GRANTS.—Of

11 an amount newly available under section 48103

12 of this title, an amount equal to the amounts

13 restored under paragraph (2) shall not be avail14 able for discretionary grant obligations under

15 section 47115.

16 ‘‘(B) USE OF REMAINING AMOUNTS.—Sub17 paragraph (A) does not impair the Secretary’s

18 authority under paragraph (1), after a restora19 tion under paragraph (2), to apply all or part

20 of a restored amount that is not required to

21 fund a grant under an apportionment to fund

22 discretionary grants.

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

24 Nothing in this subsection shall be construed to au25 thorize the Secretary to incur grant obligations
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1 under section 47104 for a fiscal year in an amount

2 greater than the amount made available under sec3 tion 48103 for such obligations for such fiscal

4 year.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 this section shall take effect on October 1, 1999.

7 SEC. 107. DESIGNATING CURRENT AND FORMER MILITARY

8 AIRPORTS.

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

10 (1) in subsection (a) by striking ‘‘12’’ and in11 serting ‘‘20’’;

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

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

14 through (e), respectively;

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

16 (A) by striking ‘‘47117(e)(1)(E)’’ and in17 serting ‘‘47117(e)(1)(B)’’;

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

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

20 years,’’; and

21 (C) by striking ‘‘each such subsequent 5-

22 fiscal-year period’’ and inserting ‘‘each such

23 subsequent period’’; and

24 (4) by adding at the end the following:
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1 ‘‘(f) DESIGNATION OF GENERAL AVIATION AIR2 PORT.—Notwithstanding any other provision of this sec3 tion, at least 3 of the airports designated under subsection

4 (a) shall be general aviation airports that were former

5 military installations closed or realigned under a section

6 referred to in subsection (a)(1).’’.

7 (b) TERMINAL BUILDING FACILITIES.—Section

8 47118(e) is amended by striking ‘‘$5,000,000’’ and insert9 ing ‘‘$7,000,000’’.

10 (c) ELIGIBILITY OF AIR CARGO TERMINALS.—Sec11 tion 47118(f) is amended—

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

13 HANGERS’’ and inserting ‘‘HANGERS, AND AIR

14 CARGO TERMINALS.—’’;

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

16 ‘‘$7,000,000’’; and

17 (3) by inserting after ‘‘hangers’’ the following:

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

19 square feet or less’’.

20 (d) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on October 1, 1999.

22 SEC. 108. ELIGIBILITY OF RUNWAY INCURSION PREVEN23 TION DEVICES; EMERGENCY CALL BOXES.

24 (a) POLICY.—Section 47101(a)(11) is amended by

25 inserting ‘‘(including integrated in-pavement lighting sys-
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1 tems for runways and taxiways and other runway and

2 taxiway incursion prevention devices)’’ after ‘‘technology’’.

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

4 47101(f) is amended—

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

6 (9); and

7 (2) by striking the period at the end of para8 graph (10) and inserting ‘‘; and’’; and

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

10 ‘‘(11) runway and taxiway incursion prevention

11 devices, including integrated in-pavement lighting

12 systems for runways and taxiways.’’.

13 (c) AIRPORT DEVELOPMENT DEFINED.—Section

14 47102(3)(B) is amended—

15 (1) in clause (ii)—

16 (A) by striking ‘‘and universal access sys17 tems,’’ and inserting ‘‘, universal access sys18 tems, and emergency call boxes,’’; and

19 (B) by inserting ‘‘and integrated in-pave20 ment lighting systems for runways and taxiways

21 and other runway and taxiway incursion pre22 vention devices’’ before the semicolon at the

23 end; and
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1 (2) by inserting before the semicolon at the end

2 of clause (iii) the following: ‘‘, including closed cir3 cuit weather surveillance equipment’’.

4 SEC. 109. PASSENGER FACILITY FEES.

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

6 40117(b) is amended by adding at the end the following:

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

8 may authorize under this section an eligible agency to im9 pose a passenger facility fee in whole dollar amounts of

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

11 or foreign air carrier boarding an aircraft at an airport

12 the agency controls to finance an eligible airport-related

13 project, including making payments for debt service on in14 debtedness incurred to carry out the project, if the Sec15 retary finds—

16 ‘‘(A) that the project will make a significant

17 contribution to improvement in air safety, increase

18 in competition among air carriers, reduction in cur19 rent or anticipated congestion, or reduction in the

20 impact of aviation noise on people living near the

21 airport;

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

23 funds reasonably expected to be available for the

24 programs referred to in sections 48103 and 48112;

25 and
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1 ‘‘(C) that the amount to be imposed is not more

2 than twice that which may be imposed under para3 graph (1).’’.

4 (b) LIMITATION ON APPROVAL OF CERTAIN APPLI5 CATIONS.—Section 40117(d) is amended—

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

7 (2);

8 (2) by striking the period at the end of para9 graph (3) and inserting ‘‘; and’’; and

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

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

12 fee of more than $3 for a surface transportation or

13 terminal project, the agency has made adequate pro14 vision for financing the airside needs of the airport,

15 including runways, taxiways, aprons, and aircraft

16 gates.’’.

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

18 is amended—

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

20 following:

21 ‘‘(1) IN GENERAL.—An amount’’;

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

23 that follows through the period at the end and in24 serting the following: ‘‘an amount equal to—
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1 ‘‘(A) in the case of a fee of $3 or less, 50

2 percent of the projected revenues from the fee

3 in the fiscal year but not by more than 50 per4 cent of the amount that otherwise would be ap5 portioned under this section; and

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

7 75 percent of the projected revenues from the

8 fee in the fiscal year but not by more than 75

9 percent of the amount that otherwise would be

10 apportioned under this section.’’; and

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

12 ‘‘(2) EFFECTIVE DATE OF REDUCTION.—A

13 reduction in an apportionment required by

14 paragraph (1) shall not take effect until the

15 first fiscal year following the year in which the

16 collection of the fee imposed under section

17 40117 is begun.’’.

18 SEC. 110. COMPETITION PLANS.

19 (a) IN GENERAL.—Section 47106 is amended by

20 adding at the end the following:

21 ‘‘(f) COMPETITION PLANS.—

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

23 2001, no passenger facility fee may be approved for

24 a covered airport under section 40117 and no grant

25 may be made under this subchapter for a covered
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1 airport unless the airport has submitted to the Sec2 retary a written competition plan in accordance with

3 this subsection.

4 ‘‘(2) CONTENTS.—A competition plan under

5 this subsection shall include information on the

6 availability of airport gates and related facilities,

7 leasing and sub-leasing arrangements, gate-use re8 quirements, patterns of air service, gate-assignment

9 policy, financial constraints, airport controls over

10 air- and ground-side capacity, whether the airport

11 intends to build or acquire gates that would be used

12 as common facilities, and airfare levels compared to

13 other large airports.

14 ‘‘(3) COVERED AIRPORT DEFINED.—In this

15 subsection, the term ‘covered airport’ means an

16 airport—

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

18 total number of passenger boardings each year

19 at all commercial service airports; and

20 ‘‘(B) at which 1 or 2 air carriers control

21 more than 50 percent of the passenger

22 boardings.’’.

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

24 by adding at the end the following:
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1 ‘‘(j) COMPETITION PLANS.—Beginning in fiscal year

2 2001, no eligible agency may impose a passenger facility

3 fee under this section with respect to a covered airport

4 (as such term is defined in section 47106(f)) unless the

5 agency has submitted to the Secretary a written competi6 tion plan in accordance with such section. This subsection

7 does not apply to passenger facility fees in effect before

8 the date of enactment of this subsection.’’.

9 SEC. 111. GRANTS FROM SMALL AIRPORT FUND.

10 (a) SET-ASIDE FOR MEETING SAFETY TERMS IN

11 AIRPORT OPERATING CERTIFICATES.—Section 47116 is

12 amended by adding at the end the following:

13 ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN

14 AIRPORT OPERATING CERTIFICATES.—In the first fiscal

15 year beginning after the effective date of regulations

16 issued to carry out section 44706(b) with respect to air17 ports described in section 44706(a)(2), and in each of the

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

19 of the amounts that would otherwise be distributed to

20 sponsors of airports under subsection (b)(2) shall be used

21 to assist the airports in meeting the terms established by

22 the regulations. If the Secretary publishes in the Federal

23 Register a finding that all the terms established by the

24 regulations have been met, this subsection shall cease to

25 be effective as of the date of such publication.’’.
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1 (b) NOTIFICATION OF SOURCE OF GRANT.—Section

2 47116 is further amended by adding at the end the follow3 ing:

4 ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—When5 ever the Secretary makes a grant under this section, the

6 Secretary shall notify the recipient of the grant, in writing,

7 that the source of the grant is from the small airport

8 fund.’’.

9 SEC. 112. CONTRACT TOWER COST-SHARING.

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

11 the following:

12 ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER

13 PILOT PROGRAM.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 establish a pilot program to contract for air

16 traffic control services at Level I air traffic con17 trol towers, as defined by the Administrator of

18 the Federal Aviation Administration, that do

19 not qualify for the Contract Tower program es20 tablished under subsection (a) and continued

21 under paragraph (1) (hereafter in this para22 graph referred to as the ‘Contract Tower Pro23 gram’).
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1 ‘‘(B) PROGRAM COMPONENTS.—In carry2 ing out the pilot program established under

3 subparagraph (A), the Administrator shall—

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

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

6 forecast estimates, or airport master plan

7 data provided by a facility owner or opera8 tor and verified by the Administrator;

9 ‘‘(ii) approve for participation only fa10 cilities willing to fund a pro rata share of

11 the operating costs of the air traffic con12 trol tower to achieve a 1 to 1 benefit-to13 cost ratio, as required for eligibility under

14 the Contract Tower Program; and

15 ‘‘(iii) approve for participation no

16 more than 2 facilities willing to fund up to

17 50 percent, but not less than 25 percent,

18 of construction costs for an air traffic con19 trol tower built by the airport operator and

20 for each of such facilities the Federal share

21 of construction cost does not exceed

22 $1,100,000.

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

24 participate in the program under this para-
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1 graph, the Administrator shall give priority to

2 the following:

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

4 participating in the Contract Tower Pro5 gram but have been notified that they will

6 be terminated from such program because

7 the Administration has determined that

8 the benefit-to-cost ratio for their continu9 ation in such program is less than 1.0.

10 ‘‘(ii) Air traffic control towers that

11 the Administrator determines have a bene12 fit-to-cost ratio of at least .85.

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

14 Federal Aviation Administration that are

15 closed as a result of the air traffic control16 lers strike in 1981.

17 ‘‘(iv) Air traffic control towers that

18 are located at airports or points at which

19 an air carrier is receiving compensation

20 under the essential air service program

21 under this chapter.

22 ‘‘(v) Air traffic control towers located

23 at airports that are prepared to assume

24 partial responsibility for maintenance

25 costs.
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1 ‘‘(vi) Air traffic control towers that

2 are located at airports with safety or oper3 ational problems related to topography,

4 weather, runway configuration, or mix of

5 aircraft.

6 ‘‘(D) COSTS EXCEEDING BENEFITS.—If

7 the costs of operating an air traffic tower under

8 the pilot program established under this para9 graph exceed the benefits, the airport sponsor

10 or State of local government having jurisdiction

11 over the airport shall pay the portion of the

12 costs that exceed such benefit.

13 ‘‘(E) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appropriated

15 $6,000,000 per fiscal year to carry out this

16 paragraph.’’.

17 SEC. 113. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

19 amended by adding at the end the following:

20 ‘‘§ 47135. Innovative financing techniques

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

22 may approve applications under this subchapter for not

23 more than 20 projects for which grants made under this

24 subchapter may be used for innovative financing tech25 niques.
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1 ‘‘(b) PURPOSE.—The purpose of grants made under

2 this section shall be to provide information on the benefits

3 and difficulties of using such techniques for airport devel4 opment projects.

5 ‘‘(c) LIMITATIONS.—

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

7 implementation of an innovative financing technique

8 under this section be used in a manner giving rise

9 to a direct or indirect guarantee of any airport debt

10 instrument by the United States Government.

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

12 innovative financing techniques are limited to—

13 ‘‘(A) payment of interest;

14 ‘‘(B) commercial bond insurance and other

15 credit enhancement associated with airport

16 bonds for eligible airport development; and

17 ‘‘(C) flexible non-Federal matching re18 quirements.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 subchapter 1 of chapter 471 is amended by adding at the

21 end the following:

‘‘47135. Innovative financing techniques.’’.

22 SEC. 114. AIRPORT SECURITY PROGRAM.

23 (a) IN GENERAL.—Chapter 471 is further amended

24 by adding the following new section:
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1 ‘‘§ 47136. Airport security program

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

3 public airports in the United States, the Secretary of

4 Transportation shall carry out not less than one project

5 to test and evaluate innovative airport security systems

6 and related technology.

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

8 Secretary shall give the highest priority to a request from

9 an eligible sponsor for a grant to undertake a project

10 that—

11 ‘‘(1) evaluates and tests the benefits of innova12 tive airport security systems or related technology,

13 including explosives detection systems, for the pur14 pose of improving airport and aircraft physical secu15 rity and access control; and

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

17 security systems and technology in an operational,

18 test bed environment.

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

20 47109, the United States Government’s share of allowable

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

22 percent.

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

24 establish such terms and conditions as the Secretary de25 termines appropriate for carrying out a project under this

26 section, including terms and conditions relating to the
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1 form and content of a proposal for a project, project assur2 ances, and schedule of payments.

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

4 the term ‘eligible sponsor’ means a nonprofit corporation

5 composed of a consortium of public and private persons,

6 including a sponsor of a primary airport, with the nec7 essary engineering and technical expertise to successfully

8 conduct the testing and evaluation of airport and aircraft

9 related security systems.

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

11 amounts made available to the Secretary under section

12 47115 in a fiscal year, the Secretary shall make available

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

14 this section.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 subchapter 1 of such chapter is further amended by add17 ing at the end the following:

‘‘47136. Airport security program.’’.

18 SEC. 115. MATCHING SHARE.

19 Section 47109(a) is amended—

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

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

22 (2) by inserting after paragraph (1) the follow23 ing:

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

25 funded by a grant issued to and administered by a
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1 State under section 47128, relating to the State

2 block grant program;’’;

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

4 (3) (as so redesignated);

5 (4) by striking the period at the end of para6 graph (4) (as so redesignated) and inserting ‘‘;

7 and’’; and

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

9 ‘‘(5) 100 percent in fiscal year 2000 for any

10 project—

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

12 airport; or

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

14 .05 percent of the total number of passenger

15 boardings each year at all commercial service

16 airports.’’.

17 SEC. 116. PASSENGER FACILITY FEES AND LETTERS OF IN18 TENT.

19 Section 47110(e)(5) is amended to read as follows:

20 ‘‘(5) LETTERS OF INTENT.—The Secretary may

21 not require an eligible agency to impose a passenger

22 facility fee under section 40117 in order to obtain a

23 letter of intent under this section.’’.
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1 SEC. 117. TREATMENT OF CERTAIN FACILITIES AS AIR2 PORT-RELATED PROJECTS.

3 Section 40117(a)(3) is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (D);

6 (2) by striking the period at the end of sub7 paragraph (E) and inserting ‘‘; and’’; and

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

9 ‘‘(F) to construct a terminal building (and

10 aircraft fueling facilities adjacent to that build11 ing), including structural foundations and floor

12 systems, exterior building walls and load-bear13 ing interior columns or walls, windows, door

14 and roof systems, and building utilities (includ15 ing heating, air conditioning, ventilation,

16 plumbing and electrical service), but excluding

17 the construction necessary for improvement or

18 final completion of revenue-producing areas and

19 nonpublic use areas within such terminal build20 ings unless permitted under section 47110(d), if

21 an air carrier not yet serving the airport or ac22 counting for less than 40 percent of passenger

23 boardings at the airport will initiate or increase

24 scheduled air transportation passenger service

25 at the airport and will occupy such terminal fa26 cilities or equivalent terminal facilities otherwise
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1 made available as a result of such terminal con2 struction not more than 2 years from the date

3 that construction of such terminal facilities is

4 complete.’’.

5 SEC. 118. TERMINAL DEVELOPMENT COSTS.

6 Section 40117(a)(3) is further amended—

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

8 (E), and (F) as subparagraphs (D), (E), (F), and

9 (G), respectively; and

10 (2) by inserting after subparagraph (B) the fol11 lowing:

12 ‘‘(C) for costs of terminal development re13 ferred to in subparagraph (B) incurred after

14 August 1, 1986, at an airport that did not have

15 more than .25 percent of the total annual pas16 senger boardings in the United States in the

17 most recent calendar year for which data is

18 available and at which total passenger

19 boardings declined by at least 16 percent be20 tween calendar year 1989 and calendar year

21 1997;’’.

22 SEC. 119. CONVEYANCES OF SURPLUS PROPERTY FOR PUB23 LIC AIRPORTS.

24 (a) PROJECT GRANT ASSURANCES.—Section

25 47107(h) is amended by inserting ‘‘(including an assur-
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1 ance with respect to disposal of land by an airport owner

2 or operator under subsection (c)(2)(B) without regard to

3 whether or not the assurance or grant was made before

4 December 29, 1987)’’ after ‘‘1987,’’.

5 (b) CONVEYANCES OF UNITED STATES GOVERN6 MENT LAND.—Section 47125(a) is amended by adding at

7 the end the following: ‘‘The Secretary may only release

8 an option of the United States for a reversionary interest

9 under this subsection after providing notice and an oppor10 tunity for public comment. The Secretary shall publish in

11 the Federal Register any decision of the Secretary to re12 lease a reversionary interest and the reasons for the deci13 sion.’’.

14 (c) REQUESTS BY PUBLIC AGENCIES.—Section

15 47151 is amended by adding at the end the following:

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

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

18 or instrumentality of the executive branch of the United

19 States Government, such a department, agency, or instru20 mentality shall give priority consideration to a request

21 made by a public agency (as defined in section 47102)

22 for surplus property described in subsection (a) for use

23 at a public airport.’’.

24 (d) NOTICE AND PUBLIC COMMENT; PUBLICATION

25 OF DECISIONS.—Section 47153(a) is amended—
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1 (1) in paragraph (1) by inserting ‘‘, after pro2 viding notice and an opportunity for public com3 ment,’’ after ‘‘if the Secretary decides’’; and

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

5 ‘‘(3) PUBLICATION OF DECISIONS.—The Sec6 retary shall publish in the Federal Register any deci7 sion to waive a term under paragraph (1) and the

8 reasons for the decision.’’.

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

10 adding at the end the following:

11 ‘‘(c) CONSIDERATIONS.—In deciding whether to

12 waive a term required by section 47152 or add another

13 term, the Secretary shall consider the current and future

14 needs of the users of the airport and the interests of the

15 owner of the property.’’.

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

17 amended—

18 (1) in section 47151—

19 (A) in subsection (a)—

20 (i) in the matter preceding paragraph

21 (1) by striking ‘‘give’’ and inserting ‘‘con22 vey to’’; and

23 (ii) in paragraph (2) by striking

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

25 (B) in subsection (b)—
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1 (i) by striking ‘‘giving’’ and inserting

2 ‘‘conveying’’; and

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

4 ‘‘conveyance’’; and

5 (C) in subsection (c)—

6 (i) in the subsection heading by strik7 ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;

8 and

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

10 ‘‘conveyed’’;

11 (2) in section 47152—

12 (A) in the section heading by striking

13 ‘‘gifts’’ and inserting ‘‘conveyances’’; and

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

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

16 (3) in section 47153(a)(1)—

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

18 and inserting ‘‘conveyance’’; and

19 (B) by striking ‘‘given’’ and inserting

20 ‘‘conveyed’’; and

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

22 the item relating to section 47152 and inserting the

23 following:

‘‘47152. Terms of conveyances.’’.
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1 SEC. 120. CONSTRUCTION OF RUNWAYS.

2 Notwithstanding any provision of law that specifically

3 restricts the number of runways at a single international

4 airport, the Secretary of Transportation may obligate

5 funds made available under chapters 471 and 481 of title

6 49, United States Code, for any project to construct a new

7 runway at such airport, unless this section is expressly re8 pealed.

9 SEC. 121. GENERAL FACILITIES AUTHORITY.

10 (a) CONTINUATION OF ILS INVENTORY PROGRAM.—

11 Section 44502(a)(4)(B) is amended—

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

13 1996’’ and inserting ‘‘each of fiscal years 1999

14 through 2004’’; and

15 (2) by inserting ‘‘under new or existing con16 tracts’’ after ‘‘including acquisition’’.

17 (b) LORAN-C NAVIGATION FACILITIES.—Section

18 44502(a) is amended by adding at the end the following:

19 ‘‘(5) MAINTENANCE AND UPGRADE OF LORAN20 C NAVIGATION FACILITIES.—The Secretary shall

21 maintain and upgrade Loran-C navigation facilities

22 throughout the transition period to satellite-based

23 navigation.’’.
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1 SEC. 122. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR

2 CARRIERS.

3 Section 44706 is amended by adding at the end the

4 following:

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

6 For the purposes of subsection (a)(2), a scheduled pas7 senger operation includes charter air transportation for

8 which the general public is provided in advance a schedule

9 containing the departure location, departure time, and ar10 rival location of the flights.

11 ‘‘(h) AUTHORITY TO PRECLUDE SCHEDULED PAS12 SENGER OPERATIONS.—The Administrator shall permit

13 an airport that will be subject to certification under sub14 section (a)(2) to preclude scheduled passenger operations

15 (including public charter operations described in sub16 section (g)) at the airport if the airport notifies the Ad17 ministrator, in writing, that it does not intend to obtain

18 an airport operating certificate.’’.

19 SEC. 123. BUDGET SUBMISSION.

20 The Administrator shall transmit to the Committee

21 on Commerce, Science, and Transportation of the Senate

22 and the Committee on Transportation and Infrastructure

23 of the House of Representatives a copy of the annual

24 budget estimates of the Federal Aviation Administration,

25 including line item justifications, at the same time the an26 nual budget estimates are submitted to the Committees
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1 on Appropriations of the Senate and the House of Rep2 resentatives.

3 SEC. 124. TECHNICAL AMENDMENTS.

4 (a) DISCRETIONARY FUND DEFINITION.—

5 (1) AMOUNTS IN FUND AND AVAILABILITY.—

6 Section 47115 is amended—

7 (A) in subsection (a)(2) by striking ‘‘25’’

8 and inserting ‘‘12.5’’; and

9 (B) by striking the second sentence of sub10 section (b).

11 (2) SMALL AIRPORT FUND.—Section 47116 is

12 amended—

13 (A) in subsection (a) by striking ‘‘75’’ and

14 inserting ‘‘87.5’’;

15 (B) in subsection (b) by striking para16 graphs (1) and (2) and inserting the following:

‘‘(1) 1 17 ⁄7 for grants for projects at small hub air18 ports (as defined in section 41731 of this title).

19 ‘‘(2) The remaining amounts as follows:

‘‘(A) 1 20 ⁄3 for grants to sponsors of public21 use airports (except commercial service air22 ports).

‘‘(B) 2 23 ⁄3 for grants to sponsors of each

24 commercial service airport that each year has
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1 less than .05 percent of the total boardings in

2 the United States in that year.’’; and

3 (C) in subsection (d)—

4 (i) by striking ‘‘In making’’ and in5 serting the following:

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

7 making’’;

8 (ii) by adding at the end the follow9 ing:

10 ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE

11 POWERED AIRCRAFT.—In making grants to sponsors

12 described in subsection (b)(1), the Secretary shall

13 give priority consideration to airport development

14 projects to support operations by turbine powered

15 aircraft, if the non-Federal share of the project is at

16 least 40 percent.’’; and

17 (iii) by aligning the remainder of

18 paragraph (1) (as designated by clause (i)

19 of this subparagraph) with paragraph (2)

20 (as added by clause (ii) of this subpara21 graph).

22 (b) CONTINUATION OF PROJECT FUNDING.—Section

23 47108 is amended by adding at the end the following:

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

25 that the status of a primary airport changes to a nonpri-
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1 mary airport at a time when a terminal development

2 project under a multiyear agreement under subsection (a)

3 is not yet completed, the project shall remain eligible for

4 funding from discretionary funds under section 47115 at

5 the funding level and under the terms provided by the

6 agreement, subject to the availability of funds.’’.

7 (c) PASSENGER FACILITY FEE WAIVER FOR CER8 TAIN CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS

9 IN ISOLATED COMMUNITIES.—Section 40117(i) is

10 amended—

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

12 (1);

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; and’’; and

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

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

17 collection of a passenger facility fee be waived for—

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

19 air carrier or foreign air carrier if the number

20 of passengers enplaned by the carrier in the

21 class constitutes not more than 1 percent of the

22 total number of passengers enplaned annually

23 at the airport at which the fee is imposed; or

24 ‘‘(B) passengers traveling to an airport—
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1 ‘‘(i) that has fewer than 2,500 pas2 senger boardings each year and receives

3 scheduled passenger service; and

4 ‘‘(ii) in a community which has a pop5 ulation of less than 10,000 and is not con6 nected by a land highway to the land-con7 nected National Highway System within a

8 State.’’.

9 SEC. 125. USE OF RECYCLED MATERIALS.

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

11 study of the use of recycled materials (including recycled

12 pavements, waste materials, and byproducts) in pavement

13 used for runways, taxiways, and aprons and the specifica14 tion standards in tests necessary for the use of recycled

15 materials in such pavement. The primary focus of the

16 study shall be on the long term physical performance, safe17 ty implications, and environmental benefits of using recy18 cled materials in aviation pavement.

19 (b) CONTRACTING.—The Administrator may carry

20 out the study under this section by entering into a con21 tract with a university of higher education with expertise

22 necessary to carry out the study.

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

24 of enactment of this Act, the Administrator shall transmit

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

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated $2,000,000 to carry out this

5 section.

6 SEC. 126. PAVEMENT MAINTENANCE.

7 (a) REPEAL OF PILOT PROGRAM.—Section 47132 is

8 repealed.

9 (b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Sec10 tion 47102(3) is further amended by adding at the end

11 the following:

12 ‘‘(I) routine work to preserve and extend

13 the useful life of runways, taxiways, and aprons

14 at airports that are not primary airports, under

15 guidelines issued by the Administrator.’’.

16 TITLE II—AIRLINE SERVICE

17 IMPROVEMENTS

18 Subtitle A—Service to Airports Not

19 Receiving Sufficient Service

20 SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

21 (a) REPEAL OF SLOT RULE FOR CERTAIN AIR22 PORTS.—Effective March 1, 2000, the requirements of

23 subparts K and S of part 93 of title 14, Code of Federal

24 Regulations, are of no force and effect at an airport other

25 than Ronald Reagan Washington National Airport. The
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1 Secretary of Transportation is authorized to undertake

2 appropriate actions to effectuate an orderly termination

3 of these requirements.

4 (b) SLOT EXEMPTIONS FOR SERVICE TO REAGAN

5 NATIONAL AIRPORT.—Section 41714 of such title is

6 amended—

7 (1) by striking subsection (e) and inserting the

8 following:

9 ‘‘(e) SLOTS FOR AIRPORTS NOT RECEIVING SUFFI10 CIENT SERVICE.—

11 ‘‘(1) EXEMPTIONS.—Notwithstanding part D of

12 chapter 491 of this title, the Secretary may by order

13 grant exemptions from the requirements under sub14 parts K and S of part 93 of title 14, Code of Fed15 eral Regulations (pertaining to slots at high density

16 airports), to enable air carriers to provide nonstop

17 air transportation using jet aircraft that comply with

18 the stage 3 noise levels of part 36 of such title 14

19 between Ronald Reagan Washington National Air20 port and an airport that had less than 2,000,000

21 enplanements in the most recent year for which such

22 enplanement data is available or between Ronald

23 Reagan Washington National Airport and a airport

24 that does not have such nonstop transportation on
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1 the date on which the application for an exemption

2 is filed.

3 ‘‘(2) LIMITATIONS.—

4 ‘‘(A) MAXIMUM NUMBER OF EXEMP5 TIONS.—No more than two exemptions per

6 hour and no more than 6 exemptions per day

7 may be granted under this subsection for slots

8 at Ronald Reagan Washington National Air9 port.

10 ‘‘(B) MAXIMUM DISTANCE OF FLIGHTS.—

11 An exemption may be granted under this sub12 section for a slot at Ronald Reagan Washington

13 National Airport only if the flight utilizing such

14 slot begins or ends within 1,250 miles of the

15 Airport and a stage 3 aircraft is used for such

16 flight.

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

18 in an exemption under this subsection shall submit

19 to the Secretary an application for such exemption.

20 No application may be submitted to the Secretary

21 before the last day of the 30-day period beginning

22 on the date of the enactment of this paragraph.

23 ‘‘(4) DEADLINE FOR DECISION.—Notwithstand24 ing any other provision of law, the Secretary shall

25 make a decision with regard to granting an exemp-
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1 tion under this subsection on or before the 120th

2 day following the date of the application for the ex3 emption. If the Secretary does not make the decision

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

5 for the service may provide such service until the

6 Secretary makes the decision or the Administrator of

7 the Federal Aviation Administration determines that

8 providing such service would have an adverse effect

9 on air safety.

10 ‘‘(5) PERIOD OF EFFECTIVENESS.—An exemp11 tion granted under this subsection may remain in ef12 fect only while the air carrier for whom the exemp13 tion is granted continues to provide nonstop air

14 transportation between the airport that the Sec15 retary determined was not receiving sufficient air

16 carrier service and Ronald Reagan Washington Na17 tional Airport.

18 ‘‘(f) TREATMENT OF CERTAIN COMMUTER AIR CAR19 RIERS.—The Secretary shall treat all commuter air car20 riers that have cooperative agreements, including code

21 share agreements with other air carriers, equally for deter22 mining eligibility for exemptions under this section regard23 less of the form of the corporate relationship between the

24 commuter air carrier and the other air carrier.’’; and
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1 (2) by striking subsection (f) and redesignating

2 subsections (g) and (h) as subsections (f) and (g),

3 respectively.

4 SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR5 PORTS NOT RECEIVING SUFFICIENT SERV6 ICE.

7 (a) FUNDING FOR SMALL COMMUNITY AIR SERV8 ICE.—Section 41742(b) of title 49, United States Code,

9 is amended to read as follows:

10 ‘‘(b) FUNDING FOR SMALL COMMUNITY AIR SERV11 ICE.—

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

13 provision of law, from moneys credited to the ac14 count established under section 45303(a), including

15 the funds derived from fees imposed under the au16 thority contained in section 45301(a)—

17 ‘‘(A) not to exceed $45,000,000 for each

18 fiscal year beginning after September 30, 1999,

19 shall be used to carry out the essential air serv20 ice program under this subchapter; and

21 ‘‘(B) not to exceed $5,000,000 for such fis22 cal year shall be used—

23 ‘‘(i) for assisting an air carrier to sub24 sidize service to and from an underserved
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1 airport for a period not to exceed 3 years;

2 and

3 ‘‘(ii) for assisting an underserved air4 port to obtain jet aircraft service (and to

5 promote passenger use of that service) to

6 and from the underserved airport.

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

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

9 and that the Secretary determines will not be obli10 gated or expended before the last day of such fiscal

11 year shall be available to the Administrator for use

12 under this subchapter in improving rural air safety

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

14 ‘‘(3) ALLOCATION OF ADDITIONAL FUNDING.—

15 If, for a fiscal year beginning after September 30,

16 1999, more than $50,000,000 is made available

17 under subsection (a) to carry out the small community air service program, 1 18 ⁄2 of the amounts in excess

19 of $50,000,000 shall be used for the purposes speci20 fied in paragraph (1)(B), in addition to amounts

21 made available for such purposes under paragraph

22 (1)(B).

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—In

24 addition to amounts made available under paragraph

25 (1), there is authorized to be appropriated to the
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1 Secretary of Transportation for each fiscal year be2 ginning after September 30, 1999, $15,000,000—

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

4 to subsidize service to and from an underserved

5 airport for a period not to exceed 3 years; and

6 ‘‘(B) to provide assistance to an under7 served airport to obtain jet aircraft service (and

8 to promote passenger use of that service) to

9 and from the underserved airport.

10 ‘‘(5) PRIORITY CRITERIA FOR ASSISTING AIR11 PORTS NOT RECEIVING SUFFICIENT SERVICE.—In

12 providing assistance to airports under paragraphs

13 (1)(B) and (4), the Administrator shall give priority

14 to those airports for which a community will provide,

15 from local sources (other than airport revenues), a

16 portion of the cost of the activity to be assisted.

17 ‘‘(6) UNDERSERVED AIRPORT DEFINED.—In

18 this subsection, the term ‘underserved airport’

19 means a nonhub airport or small hub airport (as

20 such terms are defined in section 41714(e)) that the

21 Secretary determines is not receiving sufficient air

22 carrier service.’’.

23 (b) CONFORMING AMENDMENTS.—Chapter 417 of

24 such title is amended—

25 (1) section 41742 is amended—
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1 (A) in the section heading by striking ‘‘Es2 sential’’ and inserting ‘‘Small commu3 nity’’; and

4 (B) in each of subsections (a) and (c) by

5 striking ‘‘essential air’’ and inserting ‘‘small

6 community’’; and

7 (2) in the analysis for such chapter by striking

8 the item relating to section 41742 and inserting the

9 following:

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

10 SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

11 Section 41736(b) of title 49, United States Code, is

12 amended by adding at the end the following:

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

14 proposal was approved or that was designated as eligible

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

16 1991, and ending on December 31, 1997.’’.

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

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

19 the following:

20 ‘‘(16) ensuring that consumers in all regions of

21 the United States, including those in small commu22 nities and rural and remote areas, have access to af23 fordable, regularly scheduled air service.’’.
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1 Subtitle B—Regional Air Service

2 Incentive Program

3 SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE IN4 CENTIVE PROGRAM.

5 (a) IN GENERAL.—Chapter 417 is amended by add6 ing at the end the following:

7 ‘‘SUBCHAPTER III—REGIONAL AIR SERVICE

8 INCENTIVE PROGRAM

9 ‘‘§ 41761. Purpose

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

11 by jet aircraft to underserved markets by providing assist12 ance, in the form of Federal credit instruments, to com13 muter air carriers that purchase regional jet aircraft for

14 use in serving those markets.

15 ‘‘§ 41762. Definitions

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

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

18 means any air carrier holding a certificate of public

19 convenience and necessity issued by the Secretary of

20 Transportation under section 41102.

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

22 purchase’ means the purchase of commercial trans23 port aircraft, including spare parts normally associ24 ated with the aircraft.
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1 ‘‘(3) CAPITAL RESERVE SUBSIDY AMOUNT.—

2 The term ‘capital reserve subsidy amount’ means the

3 amount of budget authority sufficient to cover esti4 mated long-term cost to the Federal Government of

5 a Federal credit instrument, calculated on a net

6 present value basis, excluding administrative costs

7 and any incidental effects on government receipts or

8 outlays in accordance with provisions of the Federal

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

10 ‘‘(4) COMMUTER AIR CARRIER.—The term

11 ‘commuter air carrier’ means an air carrier that pri12 marily operates aircraft designed to have a maxi13 mum passenger seating capacity of 75 or less in ac14 cordance with published flight schedules.

15 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The

16 term ‘Federal credit instrument’ means a secured

17 loan, loan guarantee, or line of credit authorized to

18 be made under this subchapter.

19 ‘‘(6) FINANCIAL OBLIGATION.—The term ‘fi20 nancial obligation’ means any note, bond, debenture,

21 or other debt obligation issued by an obligor in con22 nection with the financing of an aircraft purchase,

23 other than a Federal credit instrument.

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

25 non-Federal qualified institutional buyer (as defined
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1 by section 230.144A(a) of title 17, Code of Federal

2 Regulations (or any successor regulation) known as

3 Rule 144A(a) of the Security and Exchange Com4 mission and issued under the Security Act of 1933

5 (15 U.S.C. 77a et seq.)), including—

6 ‘‘(A) a qualified retirement plan (as de7 fined in section 4974(c) of the Internal Revenue

8 Code of 1986) that is a qualified institutional

9 buyer; and

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

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

12 1986) that is a qualified institutional buyer.

13 ‘‘(8) LINE OF CREDIT.—The term ‘line of cred14 it’ means an agreement entered into by the Sec15 retary with an obligor under section 41763(d) to

16 provide a direct loan at a future date upon the oc17 currence of certain events.

18 ‘‘(9) LOAN GUARANTEE.—The term ‘loan guar19 antee’ means any guarantee or other pledge by the

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

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

22 other debt obligation issued by an obligor and fund23 ed by a lender.

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

25 ‘new entrant air carrier’ means an air carrier that
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1 has been providing air transportation according to a

2 published schedule for less than 5 years, including

3 any person that has received authority from the Sec4 retary to provide air transportation but is not pro5 viding air transportation.

6 ‘‘(11) NONHUB AIRPORT.—The term ‘nonhub

7 airport’ means an airport that each year has less

8 than .05 percent of the total annual boardings in the

9 United States.

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

11 party primarily liable for payment of the principal of

12 or interest on a Federal credit instrument, which

13 party may be a corporation, partnership, joint ven14 ture, trust, or governmental entity, agency or instru15 mentality.

16 ‘‘(13) REGIONAL JET AIRCRAFT.—The term ‘re17 gional jet aircraft’ means a civil aircraft—

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

19 ‘‘(B) designed to have a maximum pas20 senger seating capacity of not less than 30 nor

21 more than 75.

22 ‘‘(14) SECURED LOAN.—The term ‘secured

23 loan’ means a direct loan or other debt obligation

24 issued by an obligor and funded by the Secretary in
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1 connection with the financing of an aircraft purchase

2 under section 41763(b).

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

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

5 least .05 percent, but less than .25 percent, of the

6 total annual boardings in the United States.

7 ‘‘(16) UNDERSERVED MARKET.—The term ‘un8 derserved market’ means a passenger air transpor9 tation market (as defined by the Secretary) that—

10 ‘‘(A) is served (as determined by the Sec11 retary) by a nonhub airport or a small hub air12 port;

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

14 airport that each year has at least .25 percent

15 of the total annual boardings in the United

16 States; and

17 ‘‘(C) the Secretary determines does not

18 have sufficient air service.

19 ‘‘§ 41763. Federal credit instruments

20 ‘‘(a) IN GENERAL.—Subject to this section, the Sec21 retary of Transportation may enter into agreements with

22 1 or more obligors to make available Federal credit instru23 ments, the proceeds of which shall be used to finance air24 craft purchases.

25 ‘‘(b) SECURED LOANS.—
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1 ‘‘(1) TERMS AND LIMITATIONS.—

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

3 this section with respect to an aircraft purchase

4 shall be on such terms and conditions and con5 tain such covenants, representatives, warran6 ties, and requirements (including requirements

7 for audits) as the Secretary determines appro8 priate.

9 ‘‘(B) MAXIMUM AMOUNT.—No secured

10 loan may be made under section—

11 ‘‘(i) extending to more than 50 per12 cent of the purchase price of the aircraft,

13 including spare parts, to be purchased; or

14 ‘‘(ii) exceeding $100,000,000.

15 ‘‘(C) MATURITY DATE.—The final matu16 rity date of the secured loan shall not be later

17 than 18 years after the date of execution of the

18 loan agreement.

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

20 may be subordinate to claims of other holders

21 of obligations in the event of bankruptcy, insol22 vency, or liquidation of the obligor as deter23 mined appropriate by the Secretary.

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

25 fees at the level sufficient to cover all the costs
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1 of the Federal Government of making a secured

2 loan under this section.

3 ‘‘(2) REPAYMENT.—

4 ‘‘(A) SCHEDULE.—The Secretary shall es5 tablish a repayment schedule for each secured

6 loan under this section based on the projected

7 cash flow from aircraft revenues and other re8 payment sources.

9 ‘‘(B) COMMENCEMENT.—Scheduled loan

10 repayments of principal or interest on a secured

11 loan under this section shall commence no later

12 than 3 years after the date of execution of the

13 loan agreement.

14 ‘‘(3) PREPAYMENT.—

15 ‘‘(A) USE OF EXCESS REVENUE.—After

16 satisfying scheduled debt service requirements

17 on all financial obligations and secured loans

18 and all deposit requirements under the terms of

19 any trust agreement, bond resolution, or similar

20 agreement securing financial obligations, the se21 cured loan may be prepaid at anytime without

22 penalty.

23 ‘‘(B) USE OF PROCEEDS OF REFINANC24 ING.—The secured loan may be prepaid at any
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1 time without penalty from proceeds of refinanc2 ing from non-Federal funding sources.

3 ‘‘(c) LOAN GUARANTEES.—

4 ‘‘(1) IN GENERAL.—A loan guarantee under

5 this section with respect to a loan made for an air6 craft purchase shall be made in such form and on

7 such terms and conditions and contain such cov8 enants, representatives, warranties, and require9 ments (including requirements for audits) as the

10 Secretary determines appropriate.

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

12 shall be made under this section—

13 ‘‘(A) extending to more than the unpaid

14 interest and 50 percent of the unpaid principal

15 an any loan;

16 ‘‘(B) on any loan or combination of loans

17 for more that 50 percent of the purchase price

18 of the aircraft, including spare parts, to be pur19 chased with the loan or loan combination;

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

21 terms permit repayment more than 15 years

22 after the date after the loan is made; or

23 ‘‘(D) in any case in which the total face

24 amount of the loan and any loans to the same

25 air carrier that are guaranteed and outstanding
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1 under the terms of this section exceed

2 $100,000,000.

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

4 at the level sufficient to cover all the costs of the

5 Federal Government of making a loan guarantee

6 under this section.

7 ‘‘(d) LINES OF CREDIT.—

8 ‘‘(1) IN GENERAL.—Subject to the require9 ments of this subsection, the Secretary may enter

10 into agreements to make available lines of credit to

11 1 or more obligors in the form of direct loans to be

12 made by the Secretary at future dates on the occur13 rence of certain events for any aircraft purchase se14 lected under this section.

15 ‘‘(2) TERMS AND LIMITATIONS.—

16 ‘‘(A) IN GENERAL.—A line of credit loan

17 under this subsection with respect to an aircraft

18 purchase shall be on such terms and conditions

19 and contain such covenants, representatives,

20 warranties, and requirements (including re21 quirements for audits) as the Secretary deter22 mines appropriate.

23 ‘‘(B) MAXIMUM AMOUNT.—

24 ‘‘(i) TOTAL AMOUNT.—The amount of

25 any line of credit shall not exceed 50 per-
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1 cent of the reasonable anticipated eligible

2 costs.

3 ‘‘(ii) 1-YEAR DRAWS.—The amount

4 drawn in any year shall not exceed 20 per5 cent of the total amount of the line of

6 credit.

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

8 credit shall represent a direct loan.

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

10 of credit shall be available not more than 5

11 years after the aircraft purchase.

12 ‘‘(E) RIGHTS OF THIRD-PARTY CREDI13 TORS.—

14 ‘‘(i) AGAINST FEDERAL GOVERN15 MENT.—A third-party creditor of the obli16 gor shall not have any right against the

17 Federal Government with respect to any

18 draw on the line of credit.

19 ‘‘(ii) ASSIGNMENT.—An obligor may

20 assign the line of credit to 1 or more lend21 ers or to a trustee on the lender’s behalf.

22 ‘‘(F) SUBORDINATION.—A direct loan

23 under this subsection may be subordinate to

24 claims of other holders of obligations in the

25 event of bankruptcy, insolvency, or liquidation
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1 of the obligor as determined appropriate by the

2 Secretary.

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

4 fees at the level sufficient to cover all the costs

5 of the Federal Government of providing a line

6 of credit under this subsection.

7 ‘‘(3) REPAYMENT.—

8 ‘‘(A) SCHEDULE.—The Secretary shall es9 tablish a repayment schedule for each direct

10 loan under this section based on the projected

11 cash flow from aircraft revenues and other re12 payment sources.

13 ‘‘(B) COMMENCEMENT.—Scheduled loan

14 repayments of principal or interest on a direct

15 loan under this section shall commence no later

16 than 3 years after the date of execution of the

17 loan agreement and shall be fully repaid, with

18 interest, not later than 18 years after the date

19 of execution of the loan agreement.

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

21 agreement under this section to make available a Federal

22 credit instrument, the Secretary, in consultation with the

23 Director of the Office of Management and Budget, shall

24 determine an appropriate capital reserve subsidy amount

25 for the Federal credit instrument.
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1 ‘‘(f) CONDITIONS.—Subject to subsection (h), the

2 Secretary may only make a Federal credit instrument

3 available under this section if the Secretary finds that—

4 ‘‘(1) the aircraft to be purchased with the Fed5 eral credit instrument is a regional jet aircraft need6 ed to improve the service and efficiency of operation

7 of the commuter air carrier or new entrant air car8 rier;

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

10 air carrier agrees to use the aircraft to provide serv11 ice to underserved markets; and

12 ‘‘(3) the prospective earning power of the com13 muter air carrier or new entrant air carrier, together

14 with the character and value of the security pledged,

15 furnish—

16 ‘‘(A) reasonable assurances of the air car17 rier’s ability and intention to repay the Federal

18 credit instrument within the terms established

19 by the Secretary—

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

21 air carrier; and

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

23 determines to be necessary, to continue its

24 operations as an air carrier between the

25 same route or routes being operated by the
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1 air carrier at the time of the issuance of

2 the Federal credit instrument; and

3 ‘‘(B) reasonable protection to the United

4 States.

5 ‘‘(g) LIMITATION ON COMBINED AMOUNT OF FED6 ERAL CREDIT INSTRUMENTS.—The Secretary shall not

7 allow the combined amount of Federal credit instruments

8 available for any aircraft purchase under this section to

9 exceed—

10 ‘‘(1) 50 percent of the cost of the aircraft pur11 chase; or

12 ‘‘(2) $100,000,000.

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

14 Federal credit instrument may be made under this section

15 for the purchase of any regional jet aircraft that does not

16 comply with the stage 3 noise levels of part 36 of title

17 14 of the Code of Federal Regulations, as in effect on Jan18 uary 1, 1999.

19 ‘‘(i) OTHER LIMITATIONS.—No Federal credit instru20 ment shall be made by the Secretary under this section

21 on any loan for the purchase of a regional jet aircraft un22 less the commuter air carrier or new entrant air carrier

23 agrees that it will provide scheduled passenger air trans24 portation to the underserved market for which the aircraft
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1 is purchased for a period of not less than 36 consecutive

2 months after the aircraft is placed in service.

3 ‘‘§ 41764. Use of Federal facilities and assistance

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

5 Secretary of Transportation to make use of such expert

6 advice and services as the Secretary may require in carry7 ing out this subchapter, the Secretary may use available

8 services and facilities of other agencies and instrumental9 ities of the Federal Government—

10 ‘‘(1) with the consent of the appropriate Fed11 eral officials; and

12 ‘‘(2) on a reimbursable basis.

13 ‘‘(b) ASSISTANCE.—The head of each appropriate de14 partment or agency of the Federal Government shall exer15 cise the duties and functions of that head in such manner

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

17 41761.

18 ‘‘(c) OVERSIGHT.—The Secretary shall make avail19 able to the Comptroller General of the United States such

20 information with respect to any Federal credit instrument

21 made available under this subchapter as the Comptroller

22 General may require to carry out the duties of the Comp23 troller General under chapter 7 of title 31.
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1 ‘‘§ 41765. Receipts; payments

2 ‘‘(a) MISCELLANEOUS.—Amounts received by the

3 Secretary of Transportation under this subchapter shall

4 be credited to miscellaneous receipts of the Treasury.

5 ‘‘(b) PAYMENTS.—Payments to lenders required as a

6 consequence of any loan guarantee made under this sub7 chapter may be made from funds appropriated pursuant

8 to the authorization under section 212 of the Aviation In9 vestment Reform Act of the 21st Century.

10 ‘‘(c) ADMINISTRATIVE EXPENSES.—In carrying out

11 this subchapter, the Secretary shall use funds made avail12 able by appropriations to the Department of Transpor13 tation for the purpose of administration to cover adminis14 trative expenses of the loan guarantee program under this

15 subchapter.

16 ‘‘§ 41766. Termination

17 ‘‘The authority of the Secretary of Transportation

18 under section 41763 shall terminate on the date that is

19 5 years after the date of the enactment of this sub20 chapter.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 417 of such title is amended by adding at the end

23 the following:

‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

‘‘Sec.

‘‘41761. Purpose.

‘‘41762. Definitions.

‘‘41763. Federal credit instruments.
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‘‘41764. Use of Federal facilities and assistance.

‘‘41765. Receipts; payments.

‘‘41766. Termination.’’.

1 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated for each of

3 fiscal years 2000 through 2004 such sums as may be nec4 essary to carry out subchapter III of chapter 417 of title

5 49, United States Code.

6 TITLE III—FAA MANAGEMENT

7 REFORM

8 SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

9 Section 40102(a) is amended—

10 (1) by redesignating paragraphs (5) through

11 (41) as paragraphs (6) through (42), respectively;

12 and

13 (2) by inserting after paragraph (4) the follow14 ing:

15 ‘‘(5) ‘air traffic control system’ means the com16 bination of elements used to safely and efficiently

17 monitor, direct, control, and guide aircraft in the

18 United States and United States-assigned airspace,

19 including—

20 ‘‘(A) allocated electromagnetic spectrum

21 and physical, real, personal, and intellectual

22 property assets making up facilities, equipment,

23 and systems employed to detect, track, and

24 guide aircraft movement;
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1 ‘‘(B) laws, regulations, orders, directives,

2 agreements, and licenses;

3 ‘‘(C) published procedures that explain re4 quired actions, activities, and techniques used

5 to assure adequate aircraft separation; and

6 ‘‘(D) trained personnel with specific tech7 nical capabilities to satisfy the operational, en8 gineering, management, and planning require9 ments for air traffic control.’’.

10 SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

11 (a) IN GENERAL.—Chapter 1 is amended by adding

12 at the end the following:

13 ‘‘§ 113. Air Traffic Control Oversight Board

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

15 the Department of Transportation an ‘Air Traffic Control

16 Oversight Board’ (in this section referred to as the ‘Over17 sight Board’).

18 ‘‘(b) MEMBERSHIP.—

19 ‘‘(1) COMPOSITION.—The Oversight Board

20 shall be composed of 9 members, as follows:

21 ‘‘(A) Six members shall be individuals who

22 are not otherwise Federal officers or employees

23 and who are appointed by the President, by and

24 with the advice and consent of the Senate.
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1 ‘‘(B) One member shall be the Secretary of

2 Transportation or, if the Secretary so des3 ignates, the Deputy Secretary of the Transpor4 tation.

5 ‘‘(C) One member shall be the Adminis6 trator of the Federal Aviation Administration.

7 ‘‘(D) One member shall be an individual

8 who is a full-time Federal employee or a rep9 resentative of employees and who is appointed

10 by the President, by and with the advice and

11 consent of the Senate.

12 ‘‘(2) QUALIFICATIONS AND TERMS.—

13 ‘‘(A) QUALIFICATIONS.—Members of the

14 Oversight Board described in paragraph (1)(A)

15 shall—

16 ‘‘(i) have a fiduciary responsibility to

17 represent the public interest;

18 ‘‘(ii) be citizens of the United States;

19 and

20 ‘‘(iii) be appointed without regard to

21 political affiliation and solely on the basis

22 of their professional experience and exper23 tise in 1 or more of the following areas:

24 ‘‘(I) Management of large service

25 organizations.
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1 ‘‘(II) Customer service.

2 ‘‘(III) Management of large pro3 curements.

4 ‘‘(IV) Information and commu5 nications technology.

6 ‘‘(V) Organizational development.

7 ‘‘(VI) Labor relations.

8 At least 3 of the members of the Oversight

9 Board described in paragraph (1)(A) shall have

10 knowledge of, or a background in, aviation. In

11 the aggregate, such members should collectively

12 bring to bear expertise in all of the areas de13 scribed in subclauses (I) through (V) of clause

14 (iii).

15 ‘‘(B) PROHIBITIONS.—No member of the

16 Oversight Board described in paragraph (1)(A)

17 may—

18 ‘‘(i) have a pecuniary interest in, or

19 own stock in or bonds of, an aviation or

20 aeronautical enterprise;

21 ‘‘(ii) engage in another business relat22 ed to aviation or aeronautics; or

23 ‘‘(iii) be a member of any organization

24 that engages, as a substantial part of its
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1 activities, in activities to influence aviation2 related legislation.

3 ‘‘(C) TERMS.—Each member who is de4 scribed in subparagraph (A) or (D) of para5 graph (1) shall be appointed for a term of 5

6 years, except that of the members first ap7 pointed under paragraph (1)(A)—

8 ‘‘(i) 2 members shall be appointed for

9 a term of 3 years;

10 ‘‘(ii) 2 members shall be appointed for

11 a term of 4 years; and

12 ‘‘(iii) 2 members shall be appointed

13 for a term of 5 years.

14 ‘‘(D) REAPPOINTMENT.—An individual

15 who is described in subparagraph (A) or (D) of

16 paragraph (1) may be appointed to no more

17 than two 5-year terms on the Oversight Board.

18 ‘‘(E) VACANCY.—Any vacancy on the

19 Oversight Board shall be filled in the same

20 manner as the original appointment. Any mem21 ber appointed to fill a vacancy occurring before

22 the expiration of the term for which the mem23 ber’s predecessor was appointed shall be ap24 pointed for the remainder of that term.

25 ‘‘(3) ETHICAL CONSIDERATIONS.—
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1 ‘‘(A) FINANCIAL DISCLOSURE.—During

2 the entire period that an individual appointed

3 under subparagraph (A) or (D) of paragraph

4 (1) is a member of the Oversight Board, such

5 individual shall be treated as serving as an offi6 cer or employee referred to in section 101(f) of

7 the Ethics in Government Act of 1978 for pur8 poses of title I of such Act, except that section

9 101(d) of such Act shall apply without regard

10 to the number of days of service in the position.

11 ‘‘(B) RESTRICTIONS ON POST-EMPLOY12 MENT.—For purposes of section 207(c) of title

13 18, United States Code, an individual appointed

14 under subparagraph (A) or (D) of paragraph

15 (1) shall be treated as an employee referred to

16 in section 207(c)(2)(A)(i) of such title during

17 the entire period the individual is a member of

18 the Board, except that subsections (c)(2)(B)

19 and (f) of section 207 of such title shall not

20 apply.

21 ‘‘(C) WAIVER.—The President may, only

22 at the time the President nominates the mem23 ber of the Oversight Board described in para24 graph (1)(D), waive for the term of the member

25 any appropriate provision of chapter 11 of title
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1 18, United States Code, to the extent such

2 waiver is necessary to allow the member to par3 ticipate in the decisions of the Board while con4 tinuing to serve as a full-time Federal employee

5 or a representative of employees. Any such

6 waiver shall not be effective unless a written in7 tent of waiver to exempt such member (and ac8 tual waiver language) is submitted to the Sen9 ate with the nomination of such member.

10 ‘‘(4) QUORUM.—Five members of the Oversight

11 Board shall constitute a quorum. A majority of

12 members present and voting shall be required for the

13 Oversight Board to take action.

14 ‘‘(5) REMOVAL.—Any member of the Oversight

15 Board appointed under subparagraph (A) or (D) of

16 paragraph (1) may be removed for cause by the

17 President.

18 ‘‘(6) CLAIMS.—

19 ‘‘(A) IN GENERAL.—Members of the Over20 sight Board who are described in subparagraph

21 (A) or (D) of paragraph (1) shall have no per22 sonal liability under Federal law with respect to

23 any claim arising out of or resulting from an

24 act or omission by such member within the

25 scope of service as a member.
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1 ‘‘(B) EFFECT ON OTHER LAW.—This para2 graph shall not be construed—

3 ‘‘(i) to affect any other immunity or

4 protection that may be available to such

5 member under applicable law with respect

6 to such transactions;

7 ‘‘(ii) to affect any other right or rem8 edy against the United States under appli9 cable law; or

10 ‘‘(iii) to limit or alter in any way the

11 immunities that are available under appli12 cable law for Federal officers and employ13 ees.

14 ‘‘(c) GENERAL RESPONSIBILITIES.—

15 ‘‘(1) OVERSIGHT.—

16 ‘‘(A) IN GENERAL.—The Oversight Board

17 shall oversee the Federal Aviation Administra18 tion in its administration, management, con19 duct, direction, and supervision of the air traf20 fic control system.

21 ‘‘(B) CONFIDENTIALITY.—The Oversight

22 Board shall ensure that appropriate confiden23 tiality is maintained in the exercise of its du24 ties.
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1 ‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight

2 Board shall have the following specific responsibilities:

3 ‘‘(1) STRATEGIC PLANS.—To review, approve,

4 and monitor achievements under a strategic plan of

5 the Federal Aviation Administration for the air traf6 fic control system, including the establishment of—

7 ‘‘(A) a mission and objectives;

8 ‘‘(B) standards of performance relative to

9 such mission and objectives, including safety,

10 efficiency, and productivity; and

11 ‘‘(C) annual and long-range strategic

12 plans.

13 ‘‘(2) MODERNIZATION AND IMPROVEMENT.—To

14 review and approve—

15 ‘‘(A) methods of the Federal Aviation Ad16 ministration to accelerate air traffic control

17 modernization and improvements in aviation

18 safety related to air traffic control; and

19 ‘‘(B) procurements of air traffic control

20 equipment by the Federal Aviation Administra21 tion in excess of $100,000,000.

22 ‘‘(3) OPERATIONAL PLANS.—To review the

23 operational functions of the Federal Aviation Admin24 istration, including—
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1 ‘‘(A) plans for modernization of the air

2 traffic control system;

3 ‘‘(B) plans for increasing productivity or

4 implementing cost-saving measures; and

5 ‘‘(C) plans for training and education.

6 ‘‘(4) MANAGEMENT.—To—

7 ‘‘(A) review and approve the Administra8 tor’s appointment of a Chief Operating Officer

9 under section 106(r);

10 ‘‘(B) review the Administrator’s selection,

11 evaluation, and compensation of senior execu12 tives of the Federal Aviation Administration

13 who have program management responsibility

14 over significant functions of the air traffic con15 trol system;

16 ‘‘(C) review and approve the Administra17 tor’s plans for any major reorganization of the

18 Federal Aviation Administration that would im19 pact on the management of the air traffic con20 trol system;

21 ‘‘(D) review and approve the Administra22 tor’s cost accounting and financial management

23 structure and technologies to help ensure effi24 cient and cost-effective air traffic control oper25 ation; and
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1 ‘‘(E) review the performance and coopera2 tion of managers responsible for major

3 acquistion projects, including the ability of the

4 managers to meet standards and budget tar5 gets.

6 ‘‘(5) BUDGET.—To—

7 ‘‘(A) review and approve the budget re8 quest of the Federal Aviation Administration

9 related to the air traffic control system pre10 pared by the Administrator;

11 ‘‘(B) submit such budget request to the

12 Secretary of Transportation; and

13 ‘‘(C) ensure that the budget request sup14 ports the annual and long-range strategic plans.

15 The Secretary shall submit the budget request referred to

16 in paragraph (4)(B) for any fiscal year to the President

17 who shall submit such request, without revision, to the

18 Committees on Transportation and Infrastructure and

19 Appropriations of the House of Representatives and the

20 Committees on Commerce, Science, and Transportation

21 and Appropriations of the Senate, together with the Presi22 dent’s annual budget request for the Federal Aviation Ad23 ministration for such fiscal year.

24 ‘‘(e) REPORTING OF OVERTURNING OF BOARD DECI25 SIONS.—If the Secretary or Administrator overturns a de-
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1 cision of the Board, the Secretary or Administrator, as

2 appropriate shall report such action to the President, the

3 Committee on Transportation and Infrastructure of the

4 House of Representatives, and the Committee on Com5 merce, Science, and Transportation of the Senate.

6 ‘‘(f) BOARD PERSONNEL MATTERS.—

7 ‘‘(1) COMPENSATION OF MEMBERS.—

8 ‘‘(A) IN GENERAL.—Each member of the

9 Oversight Board who—

10 ‘‘(i) is described in subsection

11 (b)(1)(A); or

12 ‘‘(ii) is described in subsection

13 (b)(1)(D) and is not otherwise a Federal

14 officer or employee,

15 shall be compensated at a rate of $30,000 per

16 year. All other members shall serve without

17 compensation for such service.

18 ‘‘(B) CHAIRPERSON.—In lieu of the

19 amount specified in subparagraph (A), the

20 Chairperson of the Oversight Board shall be

21 compensated at a rate of $50,000 per year.

22 ‘‘(2) TRAVEL EXPENSES.—

23 ‘‘(A) IN GENERAL.—The members of the

24 Oversight Board shall be allowed travel ex25 penses, including per diem in lieu of subsist-
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1 ence, at rates authorized for employees of agen2 cies under subchapter I of chapter 57 of title 5,

3 United States Code, to attend meetings of the

4 Oversight Board and, with the advance ap5 proval of the Chairperson of the Oversight

6 Board, while otherwise away from their homes

7 or regular places of business for purposes of du8 ties as a member of the Oversight Board.

9 ‘‘(B) REPORT.—The Oversight Board shall

10 include in its annual report under subsection

11 (g)(3)(A) information with respect to the travel

12 expenses allowed for members of the Oversight

13 Board under this paragraph.

14 ‘‘(3) STAFF.—

15 ‘‘(A) IN GENERAL.—The Chairperson of

16 the Oversight Board may appoint and terminate

17 any personnel that may be necessary to enable

18 the Board to perform its duties.

19 ‘‘(B) DETAIL OF GOVERNMENT EMPLOY20 EES.—Upon request of the Chairperson of the

21 Oversight Board, a Federal agency shall detail

22 a Federal Government employee to the Over23 sight Board without reimbursement. Such detail

24 shall be without interruption or loss of civil

25 service status or privilege.
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1 ‘‘(4) PROCUREMENT OF TEMPORARY AND

2 INTERMITTENT SERVICES.—The Chairperson of the

3 Oversight Board may procure temporary and inter4 mittent services under section 3109(b) of title 5,

5 United States Code.

6 ‘‘(g) ADMINISTRATIVE MATTERS.—

7 ‘‘(1) CHAIR.—

8 ‘‘(A) TERM.—The members of the Over9 sight Board shall elect for a 2-year term a

10 chairperson from among the members ap11 pointed under subsection (b)(1)(A).

12 ‘‘(B) POWERS.—Except as otherwise pro13 vided by a majority vote of the Oversight

14 Board, the powers of the Chairperson shall

15 include—

16 ‘‘(i) establishing committees;

17 ‘‘(ii) setting meeting places and times;

18 ‘‘(iii) establishing meeting agendas;

19 and

20 ‘‘(iv) developing rules for the conduct

21 of business.

22 ‘‘(2) MEETINGS.—The Oversight Board shall

23 meet at least quarterly and at such other times as

24 the Chairperson determines appropriate.

25 ‘‘(3) REPORTS.—
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1 ‘‘(A) ANNUAL.—The Oversight Board shall

2 each year report with respect to the conduct of

3 its responsibilities under this title to the Presi4 dent, the Committee on Transportation and In5 frastructure of the House of Representatives,

6 and the Committee on Commerce, Science, and

7 Transportation of the Senate.

8 ‘‘(B) ADDITIONAL REPORT.—Upon a de9 termination by the Oversight Board under sub10 section (c)(1)(B) that the organization and op11 eration of the Federal Aviation Administration’s

12 air traffic control system are not allowing the

13 Federal Aviation Administration to carry out its

14 mission, the Oversight Board shall report such

15 determination to the Committee on Transpor16 tation and Infrastructure of the House of Rep17 resentatives and the Committee on Commerce,

18 Science, and Transportation of the Senate.

19 ‘‘(C) COMPTROLLER GENERAL’S RE20 PORT.—Not later than April 30, 2004, the

21 Comptroller General of the United States shall

22 transmit to the Committee on Transportation

23 and Infrastructure of the House of Representa24 tives and the Committee on Commerce, Science,

25 and Transportation of the Senate a report on
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1 the success of the Oversight Board in improving

2 the performance of the air traffic control sys3 tem.’’.

4 (d) EFFECTIVE DATE.—

5 (1) IN GENERAL.—The amendments made by

6 this section shall take effect on the date of the en7 actment of this Act.

8 (2) INITIAL NOMINATIONS TO AIR TRAFFIC

9 CONTROL OVERSIGHT BOARD.—The President shall

10 submit the initial nominations of the air traffic con11 trol oversight board to the Senate not later than 3

12 months after the date of enactment of this Act.

13 (3) EFFECT ON ACTIONS PRIOR TO APPOINT14 MENT OF OVERSIGHT BOARD.—Nothing in this sec15 tion shall be construed to invalidate the actions and

16 authority of the Federal Aviation Administration

17 prior to the appointment of the members of the Air

18 Traffic Control Oversight Board.

19 SEC. 303. CHIEF OPERATING OFFICER.

20 Section 106 is amended by adding at the end the fol21 lowing:

22 ‘‘(r) CHIEF OPERATING OFFICER.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) APPOINTMENT.—There shall be a

25 Chief Operating Officer for the air traffic con-
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1 trol system to be appointed by the Adminis2 trator, with approval of the Air Traffic Control

3 Oversight Board established by section 113.

4 The Chief Operating Officer shall report di5 rectly to the Administrator and shall be subject

6 to the authority of the Administrator.

7 ‘‘(B) QUALIFICATIONS.—The Chief Oper8 ating Officer shall have a demonstrated ability

9 in management and knowledge of or experience

10 in aviation.

11 ‘‘(C) TERM.—The Chief Operating Officer

12 shall be appointed for a term of 5 years.

13 ‘‘(D) REMOVAL.—The Chief Operating Of14 ficer shall serve at the pleasure of the Adminis15 trator, except that the Administrator shall

16 make every effort to ensure stability and con17 tinuity in the leadership of the air traffic con18 trol system.

19 ‘‘(E) VACANCY.—Any individual appointed

20 to fill a vacancy in the position of Chief Operat21 ing Officer occurring before the expiration of

22 the term for which the individual’s predecessor

23 was appointed shall be appointed for the re24 mainder of that term.
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1 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—

2 The Administrator and the Chief Operating Officer,

3 in consultation with the Air Traffic Control Over4 sight Board, shall enter into an annual performance

5 agreement that sets forth measurable organization

6 and individual goals for the Chief Operating Officer

7 in key operational areas. The agreement shall be

8 subject to review and renegotiation on an annual

9 basis.

10 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

11 Chief Operating Officer shall prepare and submit to

12 the Secretary of Transportation and Congress an

13 annual management report containing such informa14 tion as may be prescribed by the Secretary.’’.

15 SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY

16 COUNCIL.

17 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

18 to read as follows:

19 ‘‘(C) 13 members representing aviation in20 terests, appointed by—

21 ‘‘(i) in the case of initial appointments

22 to the Council, the President by and with

23 the advice and consent of the Senate; and
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1 ‘‘(ii) in the case of subsequent ap2 pointments of the Council, the Secretary of

3 Transportation.’’.

4 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i)

5 is amended by striking ‘‘by the President’’.

6 SEC. 305. ENVIRONMENTAL STREAMLINING.

7 (a) COORDINATED ENVIRONMENTAL REVIEW PROC8 ESS.—

9 (1) DEVELOPMENT AND IMPLEMENTATION.—

10 The Secretary shall develop and implement a coordi11 nated environmental review process for aviation in12 frastructure projects that require—

13 (A) the preparation of an environmental

14 impact statement or environmental assessment

15 under the National Environmental Policy Act of

16 1969 (42 U.S.C. 4321 et seq.), except that the

17 Secretary may decide not to apply this section

18 to the preparation of an environmental assess19 ment under such Act; or

20 (B) the conduct of any other environ21 mental review, analysis, opinion, or issuance of

22 an environmental permit, license, or approval by

23 operation of Federal law.

24 (2) MEMORANDUM OF UNDERSTANDING.—
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1 (A) IN GENERAL.—The coordinated envi2 ronmental review process for each project shall

3 ensure that, whenever practicable (as specified

4 in this section), all environmental reviews, anal5 yses, opinions, and any permits, licenses, or ap6 provals that must be issued or made by any

7 Federal agency for the project concerned shall

8 be conducted concurrently and completed within

9 a cooperatively determined time period. Such

10 process for a project or class of project may be

11 incorporated into a memorandum of under12 standing between the Department of Transpor13 tation and Federal agencies (and, where appro14 priate, State agencies).

15 (B) ESTABLISHMENT OF TIME PERIODS.—

16 In establishing the time period referred to in

17 subparagraph (A), and any time periods for re18 view within such period, the Department and all

19 such agencies shall take into account their re20 spective resources and statutory commitments.

21 (b) ELEMENTS OF COORDINATED ENVIRONMENTAL

22 REVIEW PROCESS.—For each project, the coordinated en23 vironmental review process established under this section

24 shall provide, at a minimum, for the following elements:
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1 (1) FEDERAL AGENCY IDENTIFICATION.—The

2 Secretary shall, at the earliest possible time, identify

3 all potential Federal agencies that—

4 (A) have jurisdiction by law over environ5 mental-related issues that may be affected by

6 the project and the analysis of which would be

7 part of any environmental document required

8 by the National Environmental Policy Act of

9 1969 (42 U.S.C. 4321 et seq.); or

10 (B) may be required by Federal law to

11 independently—

12 (i) conduct an environmental-related

13 review or analysis; or

14 (ii) determine whether to issue a per15 mit, license, or approval or render an opin16 ion on the environmental impact of the

17 project.

18 (2) TIME LIMITATIONS AND CONCURRENT RE19 VIEW.—The Secretary and the head of each Federal

20 agency identified under paragraph (1)—

21 (A)(i) shall jointly develop and establish

22 time periods for review for—

23 (I) all Federal agency comments with

24 respect to any environmental review docu25 ments required by the National Environ-
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1 mental Policy Act of 1969 (42 U.S.C.

2 4321 et seq.) for the project; and

3 (II) all other independent Federal

4 agency environmental analyses, reviews,

5 opinions, and decisions on any permits, li6 censes, and approvals that must be issued

7 or made for the project;

8 whereby each such Federal agency’s review

9 shall be undertaken and completed within such

10 established time periods for review; or

11 (ii) may enter into an agreement to estab12 lish such time periods for review with respect to

13 a class of project; and

14 (B) shall ensure, in establishing such time

15 periods for review, that the conduct of any such

16 analysis, review, opinion, and decision is under17 taken concurrently with all other environmental

18 reviews for the project, including the reviews re19 quired by the National Environmental Policy

20 Act of 1969 (42 U.S.C. 4321 et seq.); except

21 that such review may not be concurrent if the

22 affected Federal agency can demonstrate that

23 such concurrent review would result in a signifi24 cant adverse impact to the environment or sub25 stantively alter the operation of Federal law or
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1 would not be possible without information de2 veloped as part of the environmental review

3 process.

4 (3) FACTORS TO BE CONSIDERED.—Time peri5 ods for review established under this section shall be

6 consistent with the time periods established by the

7 Council on Environmental Quality under sections

8 1501.8 and 1506.10 of title 40, Code of Federal

9 Regulations.

10 (4) EXTENSIONS.—The Secretary shall extend

11 any time periods for review under this section if,

12 upon good cause shown, the Secretary and any Fed13 eral agency concerned determine that additional time

14 for analysis and review is needed as a result of new

15 information that has been discovered that could not

16 reasonably have been anticipated when the Federal

17 agency’s time periods for review were established.

18 Any memorandum of understanding shall be modi19 fied to incorporate any mutually agreed-upon exten20 sions.

21 (c) DISPUTE RESOLUTION.—When the Secretary de22 termines that a Federal agency which is subject to a time

23 period for its environmental review or analysis under this

24 section has failed to complete such review, analysis, opin25 ion, or decision on issuing any permit, license, or approval
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1 within the established time period or within any agreed2 upon extension to such time period, the Secretary may,

3 after notice and consultation with such agency, close the

4 record on the matter before the Secretary. If the Secretary

5 finds, after timely compliance with this section, that an

6 environmental issue related to the project that an affected

7 Federal agency has jurisdiction over by operation of Fed8 eral law has not been resolved, the Secretary and the head

9 of the Federal agency shall resolve the matter not later

10 than 30 days after the date of the finding by the Sec11 retary.

12 (d) PARTICIPATION OF STATE AGENCIES.—For any

13 project eligible for assistance under chapter 1 of title 23,

14 United States Code, or chapter 53 of title 49, United

15 States Code, a State, by operation of State law, may re16 quire that all State agencies that have jurisdiction by

17 State or Federal law over environmental-related issues

18 that may be affected by the project, or that are required

19 to issue any environmental-related reviews, analyses, opin20 ions, or determinations on issuing any permits, licenses,

21 or approvals for the project, be subject to the coordinated

22 environmental review process established under this sec23 tion unless the Secretary determines that a State’s partici24 pation would not be in the public interest. For a State

25 to require State agencies to participate in the review proc-
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1 ess, all affected agencies of the State shall be subject to

2 the review process.

3 (e) ASSISTANCE TO AFFECTED FEDERAL AGEN4 CIES.—

5 (1) IN GENERAL.—The Secretary may approve

6 a request by a State or recipient to provide funds for

7 a highway project made available under chapter 1 of

8 title 23, United States Code, or for a mass transit

9 project made available under chapter 53 of title 49,

10 United States Code, to the State for the project sub11 ject to the coordinated environmental review process

12 established under this section to affected Federal

13 agencies to provide the resources necessary to meet

14 any time limits established under this section.

15 (2) AMOUNTS.—Such requests under paragraph

16 (1) shall be approved only—

17 (A) for the additional amounts that the

18 Secretary determines are necessary for the af19 fected Federal agencies to meet the time limits

20 for environmental review; and

21 (B) if such time limits are less than the

22 customary time necessary for such review.

23 (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

24 (1) JUDICIAL REVIEW.—Nothing in this section

25 shall affect the reviewability of any final Federal
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1 agency action in a court of the United States or in

2 the court of any State.

3 (2) SAVINGS CLAUSE.—Nothing in this section

4 shall affect the applicability of the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

6 or any other Federal environmental statute or affect

7 the responsibility of any Federal officer to comply

8 with or enforce any such statute.

9 (g) FEDERAL AGENCY DEFINED.—In this section,

10 the term ‘‘Federal agency’’ means any Federal agency or

11 any State agency carrying out affected responsibilities re12 quired by operation of Federal law.

13 SEC. 306. CLARIFICATION OF REGULATORY APPROVAL

14 PROCESS.

15 Section 106(f)(3)(B)(i) is amended—

16 (1) by striking ‘‘$100,000,000’’ each place it

17 appears and inserting ‘‘$250,000,000’’;

18 (2) by striking ‘‘Air Traffic Management Sys19 tem Performance Improvement Act of 1996’’ and in20 serting ‘‘Aviation Investment and Reform Act for

21 the 21st Century’’;

22 (3) in subclause (I)—

23 (A) by inserting ‘‘substantial and’’ before

24 ‘‘material’’; and
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1 (B) by inserting ‘‘or’’ after the semicolon

2 at the end; and

3 (4) by striking subclauses (II), (III), and (IV)

4 and inserting the following:

5 ‘‘(II) raise novel or significant

6 legal or policy issues arising out of

7 legal mandates that may substantially

8 and materially affect other transpor9 tation modes.’’.

10 SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO11 CATIONS.

12 (a) INDEPENDENT ASSESSMENT.—

13 (1) IN GENERAL.—The Inspector General of

14 the Department of Transportation shall conduct the

15 assessments described in this section. To conduct

16 the assessments, the Inspector General may use the

17 staff and resources of the Inspector General or con18 tract with 1 or more independent entities.

19 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

20 OF FAA COST DATA AND ATTRIBUTIONS.—

21 (A) IN GENERAL.—The Inspector General

22 shall conduct an assessment to ensure that the

23 method for calculating the overall costs of the

24 Federal Aviation Administration and attrib-
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1 uting such costs to specific users is appropriate,

2 reasonable, and understandable to the users.

3 (B) COMPONENTS.—In conducting the as4 sessment under this paragraph, the Inspector

5 General shall assess the following:

6 (i) The Federal Aviation Administra7 tion’s cost input data, including the reli8 ability of the Federal Aviation Administra9 tion’s source documents and the integrity

10 and reliability of the Federal Aviation Ad11 ministration’s data collection process.

12 (ii) The Federal Aviation Administra13 tion’s system for tracking assets.

14 (iii) The Federal Aviation Administra15 tion’s bases for establishing asset values

16 and depreciation rates.

17 (iv) The Federal Aviation Administra18 tion’s system of internal controls for ensur19 ing the consistency and reliability of re20 ported data.

21 (v) The Federal Aviation Administra22 tion’s definition of the services to which

23 the Federal Aviation Administration ulti24 mately attributes its costs.
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1 (vi) The cost pools used by the Fed2 eral Aviation Administration and the ra3 tionale for and reliability of the bases

4 which the Federal Aviation Administration

5 proposes to use in allocating costs of serv6 ices to users.

7 (C) REQUIREMENTS FOR ASSESSMENT OF

8 COST POOLS.—In carrying out subparagraph

9 (B)(vi), the Inspector General shall—

10 (i) review costs that cannot reliably be

11 attributed to specific Federal Aviation Ad12 ministration services or activities (called

13 ‘‘common and fixed costs’’ in the Federal

14 Aviation Administration Cost Allocation

15 Study) and consider alternative methods

16 for allocating such costs; and

17 (ii) perform appropriate tests to as18 sess relationships between costs in the var19 ious cost pools and activities and services

20 to which the costs are attributed by the

21 Federal Aviation Administration.

22 (3) COST EFFECTIVENESS.—

23 (A) IN GENERAL.—The Inspector General

24 shall assess the progress of the Federal Avia25 tion Administration in cost and performance
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1 management, including use of internal and ex2 ternal benchmarking in improving the perform3 ance and productivity of the Federal Aviation

4 Administration.

5 (B) ANNUAL REPORTS.—Not later than

6 December 31, 2000, and annually thereafter

7 until December 31, 2004, the Inspector General

8 shall transmit to Congress an updated report

9 containing the results of the assessment con10 ducted under this paragraph.

11 (C) INFORMATION TO BE INCLUDED IN

12 FAA FINANCIAL REPORT.—The Administrator

13 shall include in the annual financial report of

14 the Federal Aviation Administration informa15 tion on the performance of the Administration

16 sufficient to permit users and others to make

17 an informed evaluation of the progress of the

18 Administration in increasing productivity.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $1,600,000 for fiscal year 2000.
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1 TITLE IV—FAMILY ASSISTANCE

2 SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR3 TATION SAFETY BOARD.

4 (a) PROHIBITION ON UNSOLICITED COMMUNICA5 TIONS.—

6 (1) IN GENERAL.—Section 1136(g)(2) is

7 amended—

8 (A) by inserting after ‘‘transportation,’’

9 the following: ‘‘and in a case involving a foreign

10 air carrier and an accident that occurs within

11 the United States,’’;

12 (B) by inserting after ‘‘attorney’’ the fol13 lowing: ‘‘(including any associate, agent, em14 ployee, or other representative of the attor15 ney)’’; and

16 (C) by striking ‘‘30th day’’ and inserting

17 ‘‘45th day’’.

18 (2) ENFORCEMENT.—Section 1151 is amended

19 by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each

20 place it appears.

21 (b) PROHIBITION ON ACTIONS TO PREVENT MENTAL

22 HEALTH AND COUNSELING SERVICES.—Section 1136(g)

23 is amended by adding at the end the following:

24 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

25 MENTAL HEALTH AND COUNSELING SERVICES.—No
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1 State or political subdivision may prevent the em2 ployees, agents, or volunteers of an organization des3 ignated for an accident under subsection (a)(2) from

4 providing mental health and counseling services

5 under subsection (c)(1) in the 30-day period begin6 ning on the date of the accident. The director of

7 family support services designated for the accident

8 under subsection (a)(1) may extend such period for

9 not to exceed an additional 30 days if the director

10 determines that the extension is necessary to meet

11 the needs of the families and if State and local au12 thorities are notified of the determination.’’.

13 (c) INCLUSION OF NONREVENUE PASSENGERS IN

14 FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is

15 amended to read as follows:

16 ‘‘(2) PASSENGER.—The term ‘passenger’

17 includes—

18 ‘‘(A) an employee of an air carrier or for19 eign air carrier aboard an aircraft; and

20 ‘‘(B) any other person aboard the aircraft

21 without regard to whether the person paid for

22 the transportation, occupied a seat, or held a

23 reservation for the flight.’’.
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1 (d) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Section 1136 is amended by adding at the end the follow3 ing:

4 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

5 Nothing in this section may be construed as limiting the

6 actions that an air carrier may take, or the obligations

7 that an air carrier may have, in providing assistance to

8 the families of passengers involved in an aircraft acci9 dent.’’.

10 SEC. 402. AIR CARRIER PLANS.

11 (a) CONTENTS OF PLANS.—

12 (1) FLIGHT RESERVATION INFORMATION.—Sec13 tion 41113(b) is amended by adding at the end the

14 following:

15 ‘‘(14) An assurance that, upon request of the

16 family of a passenger, the air carrier will inform the

17 family of whether the passenger’s name appeared on

18 a preliminary passenger manifest for the flight in19 volved in the accident.’’.

20 (2) TRAINING OF EMPLOYEES AND AGENTS.—

21 Section 41113(b) is further amended by adding at

22 the end the following:

23 ‘‘(15) An assurance that the air carrier will

24 provide adequate training to the employees and
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1 agents of the carrier to meet the needs of survivors

2 and family members following an accident.’’.

3 (3) SUBMISSION OF UPDATED PLANS.—The

4 amendments made by paragraphs (1) and (2) shall

5 take effect on the 180th day following the date of

6 enactment of this Act. On or before such 180th day,

7 each air carrier holding a certificate of public con8 venience and necessity under section 41102 of title

9 49, United States Code, shall submit to the Sec10 retary of Transportation and the Chairman of the

11 National Transportation Safety Board an updated

12 plan under section 41113 of such title that meets

13 the requirement of the amendments made by para14 graphs (1) and (2).

15 (4) CONSULTATION ON CARRIER RESPONSE NOT

16 COVERED BY A PLAN.—Section 41113(c) is amended

17 by striking ‘‘has included as part of such applica18 tion’’ and inserting the following: ‘‘has included as

19 part of such application—

20 ‘‘(1) a plan that meets the requirements of sub21 section (b); and

22 ‘‘(2) an agreement that in the event that the air

23 carrier volunteers assistance to United States citi24 zens within the United States in the case of an air25 craft accident outside the United States involving
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1 major loss of life, the air carrier will consult with

2 the Board and the Department of State on the pro3 vision of the assistance.’’.

4 (5) CONFORMING AMENDMENTS.—Section

5 41113 is amended—

6 (A) in subsection (a) by striking ‘‘Not later

7 than 6 months after the date of the enactment

8 of this section, each air carrier’’ and inserting

9 ‘‘Each air carrier’’; and

10 (B) in subsection (c) by striking ‘‘After the

11 date that is 6 months after the date of the en12 actment of this section, the Secretary’’ and in13 serting ‘‘The Secretary’’.

14 (b) LIMITATION ON LIABILITY.—Section 41113(d) is

15 amended by inserting ‘‘, or in providing information con16 cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.

17 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Section 41113 is amended by adding at the end the follow19 ing:

20 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

21 Nothing in this section may be construed as limiting the

22 actions that an air carrier may take, or the obligations

23 that an air carrier may have, in providing assistance to

24 the families of passengers involved in an aircraft acci25 dent.’’.
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1 SEC. 403. FOREIGN AIR CARRIER PLANS.

2 (a) INCLUSION OF NONREVENUE PASSENGERS IN

3 FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is

4 amended to read as follows:

5 ‘‘(2) PASSENGER.—The term ‘passenger’ has

6 the meaning given such term by section 1136 of this

7 title.’’.

8 (b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—

9 Section 41313(b) is amended by striking ‘‘significant’’ and

10 inserting ‘‘major’’.

11 (c) CONTENTS OF PLANS.—

12 (1) IN GENERAL.—Section 41313(c) is amend13 ed by adding at the end the following:

14 ‘‘(15) An assurance that the foreign air carrier

15 will provide adequate training to the employees and

16 agents of the carrier to meet the needs of survivors

17 and family members following an accident.’’.

18 (2) SUBMISSION OF UPDATED PLANS.—The

19 amendment made by paragraph (1) shall take effect

20 on the 180th day following the date of enactment of

21 this Act. On or before such 180th day, each foreign

22 air carrier providing foreign air transportation under

23 chapter 413 of title 49, United States Code, shall

24 submit to the Secretary of Transportation and the

25 Chairman of the National Transportation Safety

26 Board an updated plan under section 41313 of such
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1 title that meets the requirement of the amendment

2 made by paragraph (1).

3 (d) CONSULTATION ON CARRIER RESPONSE NOT

4 COVERED BY A PLAN.—Section 41313(d) is amended by

5 striking ‘‘has included as part of the application or request

6 for exemption’’ and inserting ‘‘has included as part of the

7 application or request for exemption—

8 ‘‘(1) a plan that meets the requirements of sub9 section (c); and

10 ‘‘(2) an agreement that, in the event that the

11 foreign air carrier volunteers assistance to United

12 States citizens within the United States in the case

13 of an aircraft accident outside the United States in14 volving major loss of life, the foreign air carrier will

15 consult with the Board and the Department of State

16 on the provision of the assistance.’’.

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

18 ACT.

19 (a) IN GENERAL.—Section 40120(a) is amended by

20 inserting ‘‘(including the Act entitled ‘An Act relating to

21 the maintenance of actions for death on the high seas and

22 other navigable waters’, approved March 30, 1920, com23 monly known as the Death on the High Seas Act (46

24 U.S.C. App. 761–767; 41 Stat. 537–538))’’ after ‘‘United

25 States’’.
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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) applies to civil actions commenced after the

3 date of enactment of this Act and to civil actions that are

4 not adjudicated by a court of original jurisdiction or set5 tled on or before such date of enactment.

6 TITLE V—SAFETY

7 SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD8 LINES.

9 (a) IN GENERAL.—The Administrator shall require

10 by regulation that, no later than December 31, 2002,

11 equipment be installed, on each cargo aircraft with a maxi12 mum certificated takeoff weight in excess of 15,000 kilo13 grams or more, that provides protection from mid-air colli14 sions using technology that provides—

15 (1) cockpit based collision detection and conflict

16 resolution guidance, including display of traffic; and

17 (2) a margin of safety of at least the same level

18 as provided by the collision avoidance system known

19 as TCAS-II.

20 (b) EXTENSION OF DEADLINE.—The Administrator

21 may extend the deadline established by subsection (a) by

22 not more than 2 years if the Administrator finds that the

23 extension is needed to promote—
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1 (1) a safe and orderly transition to the oper2 ation of a fleet of cargo aircraft equipped with colli3 sion avoidance equipment; or

4 (2) other safety or public interest objectives.

5 SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI6 CANTS.

7 Section 44936(f) is amended—

8 (1) in paragraph (1)(B) by inserting ‘‘(except a

9 branch of the United States Armed Forces, the Na10 tional Guard, or a reserve component of the United

11 States Armed Forces)’’ after ‘‘person’’ the first

12 place it appears;

13 (2) in paragraph (1)(B)(ii) by striking ‘‘individ14 ual’’ and inserting ‘‘individual’s performance as a

15 pilot’’;

16 (3) in paragraph (14)(B) by inserting ‘‘or from

17 a foreign government or entity that employed the in18 dividual’’ after ‘‘exists’’; and

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

20 ‘‘(15) ELECTRONIC ACCESS TO FAA

21 RECORDS.—For the purpose of increasing timely and

22 efficient access to Federal Aviation Administration

23 records described in paragraph (1), the Adminis24 trator may allow, under terms established by the Ad25 ministrator, a designated individual to have elec-
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1 tronic access to a specified database containing in2 formation about such records.’’.

3 SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EM4 PLOYEES.

5 Section 347(b)(1) of the Department of Transpor6 tation and Related Agencies Appropriations Act, 1996 (49

7 U.S.C. 106 note; 109 Stat. 460) is amended by inserting

8 before the semicolon at the end the following: ‘‘, including

9 the provisions for investigation and enforcement as pro10 vided in chapter 12 of title 5, United States Code’’.

11 SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

12 Section 44701 is further amended by adding at the

13 end the following:

14 ‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE15 LINES.—The Administrator shall issue guidelines and en16 courage the development of air safety risk mitigation pro17 grams throughout the aviation industry, including self-au18 dits and self-disclosure programs.’’.

19 SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE

20 RULES.

21 Not later than 30 days after the date of enactment

22 of this Act, the Administrator shall issue a notice of pro23 posed rulemaking to develop procedures to protect air car24 riers and their employees from civil enforcement actions

25 under the program known as Flight Operations Quality
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1 Assurance. Not later than 1 year after the last day of the

2 period for public comment provided for in the notice of

3 proposed rulemaking, the Administrator shall issue a final

4 rule establishing such procedures.

5 SEC. 506. SMALL AIRPORT CERTIFICATION.

6 Not later than 60 days after the date of enactment

7 of this Act, the Administrator shall issue a notice of pro8 posed rulemaking on implementing section 44706(a)(2) of

9 title 49, United States Code, relating to issuance of air10 port operating certificates for small scheduled passenger

11 air carrier operations. Not later than 1 year after the last

12 day of the period for public comment provided for in the

13 notice of proposed rulemaking, the Administrator shall

14 issue a final rule on implementing such program.

15 SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

16 (a) IN GENERAL.—Chapter 447 is amended by add17 ing at the end the following:

18 ‘‘§ 44725. Life-limited aircraft parts

19 ‘‘(a) IN GENERAL.—The Administrator shall conduct

20 a rulemaking proceeding to require the safe disposition of

21 life-limited parts removed from an aircraft. The rule22 making proceeding shall ensure that the disposition deter

23 installation on an aircraft of a life-limited part that has

24 reached or exceeded its life limits.
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1 ‘‘(b) SAFE DISPOSITION.—For the purposes of this

2 section, safe disposition includes any of the following

3 methods:

4 ‘‘(1) The part may be segregated under cir5 cumstances that preclude its installation on an air6 craft.

7 ‘‘(2) The part may be permanently marked to

8 indicate its used life status.

9 ‘‘(3) The part may be destroyed in any manner

10 calculated to prevent reinstallation in an aircraft.

11 ‘‘(4) The part may be marked, if practicable, to

12 include the recordation of hours, cycles, or other air13 worthiness information. If the parts are marked with

14 cycles or hours of usage, that information must be

15 updated when the part is retired from service.

16 ‘‘(5) Any other method approved by the Admin17 istrator.

18 ‘‘(c) DEADLINES.—In conducting the rulemaking

19 proceeding under subsection (a), the Administrator

20 shall—

21 ‘‘(1) not later than 180 days after the date of

22 enactment of this section, issue a notice of proposed

23 rulemaking; and
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1 ‘‘(2) not later than 180 days after the close of

2 the comment period on the proposed rule, issue a

3 final rule.

4 ‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No

5 rule issued under subsection (a) shall require the marking

6 of parts removed before the effective date of the rules

7 issued under subsection (a), nor shall any such rule forbid

8 the installation of an otherwise airworthy life-limited

9 part.’’.

10 (b) CIVIL PENALTY.—Section 46301(a)(3) is

11 amended—

12 (1) in subparagraph (A) by striking ‘‘or’’ at the

13 end;

14 (2) in subparagraph (B) by striking the period

15 at the end and inserting a semicolon; and

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

17 ‘‘(C) a violation of section 44726, relating

18 to the safe disposal of life-limited aircraft parts;

19 or’’.

20 (c) CONFORMING AMENDMENT.—The analysis for

21 chapter 447 is further amended by adding at the end the

22 following:

‘‘44725. Life-limited aircraft parts.’’.

23 SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

24 (a) IN GENERAL.—Chapter 463 is amended—
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1 (1) by redesignating section 46316 as section

2 46317; and

3 (2) by inserting after section 46315 the follow4 ing:

5 ‘‘§ 46316. Interference with cabin or flight crew

6 ‘‘An individual who interferes with the duties or re7 sponsibilities of the flight crew or cabin crew of a civil

8 aircraft, or who poses an imminent threat to the safety

9 of the aircraft or other individuals on the aircraft, is liable

10 to the United States Government for a civil penalty of not

11 more than $25,000.’’.

12 (b) COMPROMISE AND SETOFF.—Section

13 46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ be14 fore ‘‘or 47107(b)’’.

15 (c) CONFORMING AMENDMENT.—The analysis for

16 chapter 463 is amended by striking the item relating to

17 section 46316 and inserting after the item relating to sec18 tion 46315 the following:

‘‘46316. Interference with cabin or flight crew.

‘‘46317. General criminal penalty when specific penalty not provided.’’.

19 TITLE VI—WHISTLEBLOWER

20 PROTECTION

21 SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR

22 SAFETY INFORMATION.

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

24 adding at the end the following:
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1 ‘‘SUBCHAPTER III—WHISTLEBLOWER

2 PROTECTION PROGRAM

3 ‘‘§ 42121. Protection of employees providing air safety

4 information

5 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY6 EES.—No air carrier or contractor or subcontractor of an

7 air carrier may discharge an employee or otherwise dis8 criminate against an employee with respect to compensa9 tion, terms, conditions, or privileges of employment be10 cause the employee (or any person acting pursuant to a

11 request of the employee)—

12 ‘‘(1) provided, caused to be provided, or is

13 about to provide (with the knowledge of the em14 ployer) or cause to be provided to the Federal Gov15 ernment information relating to any violation or al16 leged violation of any order, regulation, or standard

17 of the Federal Aviation Administration or any other

18 provision of Federal law relating to air carrier safety

19 under this subtitle or any other law of the United

20 States;

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

22 file (with the knowledge of the employer) or cause

23 to be filed a proceeding relating to any violation or

24 alleged violation of any order, regulation, or stand25 ard of the Federal Aviation Administration or any
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1 other provision of Federal law relating to air carrier

2 safety under this subtitle or any other law of the

3 United States;

4 ‘‘(3) testified or is about to testify in such a

5 proceeding; or

6 ‘‘(4) assisted or participated or is about to as7 sist or participate in such a proceeding.

8 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE9 DURE.—

10 ‘‘(1) FILING AND NOTIFICATION.—A person

11 who believes that he or she has been discharged or

12 otherwise discriminated against by a person in viola13 tion of subsection (a) may, not later than 90 days

14 after the date on which such violation occurs, file (or

15 have any person file on his or her behalf) a com16 plaint with the Secretary of Labor alleging such dis17 charge or discrimination. Upon receipt of such a

18 complaint, the Secretary of Labor shall notify the

19 person named in the complaint and the Adminis20 trator of the Federal Aviation Administration of the

21 filing of the complaint, of the allegations contained

22 in the complaint, of the substance of evidence sup23 porting the complaint, and of the opportunities that

24 will be afforded to such person under paragraph (2).

25 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
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1 ‘‘(A) IN GENERAL.—Not later than 60

2 days after the date of receipt of a complaint

3 filed under paragraph (1) and after affording

4 the person named in the complaint an oppor5 tunity to submit to the Secretary of Labor a

6 written response to the complaint and an oppor7 tunity to meet with a representative of the Sec8 retary to present statements from witnesses,

9 the Secretary of Labor shall conduct an inves10 tigation and determine whether there is reason11 able cause to believe that the complaint has

12 merit and notify the complainant and the per13 son alleged to have committed a violation of

14 subsection (a) of the Secretary’s findings. If the

15 Secretary of Labor concludes that there is a

16 reasonable cause to believe that a violation of

17 subsection (a) has occurred, the Secretary shall

18 accompany the Secretary’s findings with a pre19 liminary order providing the relief prescribed by

20 paragraph (3)(B). Not later than 30 days after

21 the date of notification of findings under this

22 paragraph, either the person alleged to have

23 committed the violation or the complainant may

24 file objections to the findings or preliminary

25 order, or both, and request a hearing on the
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1 record. The filing of such objections shall not

2 operate to stay any reinstatement remedy con3 tained in the preliminary order. Such hearings

4 shall be conducted expeditiously. If a hearing is

5 not requested in such 30-day period, the pre6 liminary order shall be deemed a final order

7 that is not subject to judicial review.

8 ‘‘(B) REQUIREMENTS.—

9 ‘‘(i) REQUIRED SHOWING BY COM10 PLAINANT.—The Secretary of Labor shall

11 dismiss a complaint filed under this sub12 section and shall not conduct an investiga13 tion otherwise required under subpara14 graph (A) unless the complainant makes a

15 prima facie showing that any behavior de16 scribed in paragraphs (1) through (4) of

17 subsection (a) was a contributing factor in

18 the unfavorable personnel action alleged in

19 the complaint.

20 ‘‘(ii) SHOWING BY EMPLOYER.—Not21 withstanding a finding by the Secretary

22 that the complainant has made the show23 ing required under clause (i), no investiga24 tion otherwise required under subpara25 graph (A) shall be conducted if the em-
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1 ployer demonstrates, by clear and convinc2 ing evidence, that the employer would have

3 taken the same unfavorable personnel ac4 tion in the absence of that behavior.

5 ‘‘(iii) CRITERIA FOR DETERMINATION

6 BY SECRETARY.—The Secretary may de7 termine that a violation of subsection (a)

8 has occurred only if the complainant dem9 onstrates that any behavior described in

10 paragraphs (1) through (4) of subsection

11 (a) was a contributing factor in the unfa12 vorable personnel action alleged in the

13 complaint.

14 ‘‘(iv) PROHIBITION.—Relief may not

15 be ordered under subparagraph (A) if the

16 employer demonstrates by clear and con17 vincing evidence that the employer would

18 have taken the same unfavorable personnel

19 action in the absence of that behavior.

20 ‘‘(3) FINAL ORDER.—

21 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE22 MENT AGREEMENTS.—Not later than 120 days

23 after the date of conclusion of a hearing under

24 paragraph (2), the Secretary of Labor shall

25 issue a final order providing the relief pre-
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1 scribed by this paragraph or denying the com2 plaint. At any time before issuance of a final

3 order, a proceeding under this subsection may

4 be terminated on the basis of a settlement

5 agreement entered into by the Secretary of

6 Labor, the complainant, and the person alleged

7 to have committed the violation.

8 ‘‘(B) REMEDY.—If, in response to a com9 plaint filed under paragraph (1), the Secretary

10 of Labor determines that a violation of sub11 section (a) has occurred, the Secretary of Labor

12 shall order the person who committed such vio13 lation to—

14 ‘‘(i) take affirmative action to abate

15 the violation;

16 ‘‘(ii) reinstate the complainant to his

17 or her former position together with the

18 compensation (including back pay), terms,

19 conditions, and privileges associated with

20 his or her employment; and

21 ‘‘(iii) provide compensatory damages

22 to the complainant.

23 If such an order is issued under this paragraph,

24 the Secretary of Labor, at the request of the

25 complainant, shall assess against the person
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1 against whom the order is issued a sum equal

2 to the aggregate amount of all costs and ex3 penses (including attorneys’ and expert witness

4 fees) reasonably incurred, as determined by the

5 Secretary of Labor, by the complainant for, or

6 in connection with, the bringing the complaint

7 upon which the order was issued.

8 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the

9 Secretary of Labor finds that a complaint

10 under paragraph (1) is frivolous or has been

11 brought in bad faith, the Secretary of Labor

12 may award to the prevailing employer a reason13 able attorney’s fee not exceeding $5,000.

14 ‘‘(4) REVIEW.—

15 ‘‘(A) APPEAL TO COURT OF APPEALS.—

16 Any person adversely affected or aggrieved by

17 an order issued under paragraph (3) may ob18 tain review of the order in the United States

19 Court of Appeals for the circuit in which the

20 violation, with respect to which the order was

21 issued, allegedly occurred or the circuit in which

22 the complainant resided on the date of such vio23 lation. The petition for review must be filed not

24 later than 60 days after the date of the

25 issuance of the order of the Secretary of Labor.
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1 Review shall conform to chapter 7 of title 5,

2 United States Code. The commencement of pro3 ceedings under this subparagraph shall not, un4 less ordered by the court, operate as a stay of

5 the order.

6 ‘‘(B) LIMITATION ON COLLATERAL AT7 TACK.—An order of the Secretary of Labor

8 with respect to which review could have been

9 obtained under subparagraph (A) shall not be

10 subject to judicial review in any criminal or

11 other civil proceeding.

12 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

13 OF LABOR.—Whenever a person has failed to comply

14 with an order issued under paragraph (3), the Sec15 retary of Labor may file a civil action in the United

16 States district court for the district in which the vio17 lation was found to occur to enforce such order. In

18 actions brought under this paragraph, the district

19 courts shall have jurisdiction to grant all appropriate

20 relief including, but not limited to, injunctive relief

21 and compensatory damages.

22 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

23 ‘‘(A) COMMENCEMENT OF ACTION.—A per24 son on whose behalf an order was issued under

25 paragraph (3) may commence a civil action
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1 against the person to whom such order was

2 issued to require compliance with such order.

3 The appropriate United States district court

4 shall have jurisdiction, without regard to the

5 amount in controversy or the citizenship of the

6 parties, to enforce such order.

7 ‘‘(B) ATTORNEY FEES.—The court, in

8 issuing any final order under this paragraph,

9 may award costs of litigation (including reason10 able attorney and expert witness fees) to any

11 party whenever the court determines such

12 award is appropriate.

13 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im14 posed by this section shall be enforceable in a mandamus

15 proceeding brought under section 1361 of title 28, United

16 States Code.

17 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA18 TIONS.—Subsection (a) shall not apply with respect to an

19 employee of an air carrier who, acting without direction

20 from such air carrier (or such air carrier’s agent), delib21 erately causes a violation of any requirement relating to

22 air carrier safety under this subtitle or any other law of

23 the United States.
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1 ‘‘(e) CONTRACTOR DEFINED.—In this section, the

2 term ‘contractor’ means a company that performs safety3 sensitive functions by contract for an air carrier.’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 such chapter is amended by adding at the end the follow6 ing:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

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

7 SEC. 602. CIVIL PENALTY.

8 Section 46301(a)(1)(A) is amended by striking ‘‘sub9 chapter II of chapter 421’’ and inserting ‘‘subchapter II

10 or III of chapter 421’’.

11 TITLE VII—MISCELLANEOUS

12 PROVISIONS

13 SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

14 Section 106(g)(1)(A) is amended by striking

15 ‘‘40113(a), (c), and (d),’’ and all that follows through

16 ‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),

17 40113(d), 40113(e), 40114(a), and 40119, chapter 445

18 (except sections 44501(b), 44502(a)(2), 44502(a)(3),

19 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and

20 44515), chapter 447 (except sections 44717, 44718(a),

21 44718(b), 44719, 44720, 44721(b), 44722, and 44723),

22 chapter 449 (except sections 44903(d), 44904, 44905,
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1 44907–44911, 44913, 44915, and 44931–44934), chapter

2 451, chapter 453, sections’’.

3 SEC. 702. PROHIBITION ON RELEASE OF OFFEROR PROPOS4 ALS.

5 Section 40110 is amended by adding at the end the

6 following:

7 ‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO8 POSALS.—

9 ‘‘(1) GENERAL RULE.—Except as provided in

10 paragraph (2), a proposal in the possession or con11 trol of the Administrator may not be made available

12 to any person under section 552 of title 5, United

13 States Code.

14 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

15 apply to any portion of a proposal of an offeror the

16 disclosure of which is authorized by the Adminis17 trator pursuant to procedures published in the Fed18 eral Register. The Administrator shall provide an

19 opportunity for public comment on the procedures

20 for a period of not less than 30 days beginning on

21 the date of such publication in order to receive and

22 consider the views of all interested parties on the

23 procedures. The procedures shall not take effect be24 fore the 60th day following the date of such publica25 tion.
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1 ‘‘(3) PROPOSAL DEFINED.—In this subsection,

2 the term ‘proposal’ means information contained in

3 or originating from any proposal, including a tech4 nical, management, or cost proposal, submitted by

5 an offeror in response to the requirements of a solic6 itation for a competitive proposal.’’.

7 SEC. 703. MULTIYEAR PROCUREMENT CONTRACTS.

8 Section 40111 is amended—

9 (1) by redesignating subsections (b) through (d)

10 as subsections (c) through (e), respectively; and

11 (2) by inserting after subsection (a) the follow12 ing:

13 ‘‘(b) TELECOMMUNICATIONS SERVICES.—Notwith14 standing section 1341(a)(1)(B) of title 31, the Adminis15 trator may make a contract of not more than 10 years

16 for telecommunication services that are provided through

17 the use of a satellite if the Administrator finds that the

18 longer contract period would be cost beneficial.’’.

19 SEC. 704. FEDERAL AVIATION ADMINISTRATION PERSON20 NEL MANAGEMENT SYSTEM.

21 (a) MEDIATION.—Section 40122(a)(2) is amended by

22 adding at the end the following: ‘‘The 60-day period shall

23 not include any period during which Congress has ad24 journed sine die.’’.
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1 (b) RIGHT TO CONTEST ADVERSE PERSONNEL AC2 TIONS.—Section 40122 is amended by adding at the end

3 the following:

4 ‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC5 TIONS.—An employee of the Administration who is the

6 subject of a major adverse personnel action may contest

7 the action either through any contractual grievance proce8 dure that is applicable to the employee as a member of

9 the collective bargaining unit or through the Administra10 tion’s internal process relating to review of major adverse

11 personnel actions of the Administration, known as Guar12 anteed Fair Treatment or under section 347(c) of the De13 partment of Transportation andRelated Agencies Appro14 priations Act, 1996.

15 ‘‘(h) ELECTION OF FORUM.—Where a major adverse

16 personnel action may be contested through more than one

17 of the indicated forums (such as the contractual grievance

18 procedure, the Federal Aviation Administration’s internal

19 process, or that of the Merit Systems Protection Board),

20 an employee must elect the forum through which the mat21 ter will be contested. Nothing in this section is intended

22 to allow an employee to contest an action through more

23 than one forum unless otherwise allowed by law.

24 ‘‘(i) DEFINITION.—For purposes of this section, the

25 term ‘major adverse personnel action’ means a suspension
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1 of more than 14 days, a reduction in pay or grade, a re2 moval for conduct or performance, a nondisciplinary re3 moval, a furlough of 30 days or less (but not including

4 placement in a nonpay status as the result of a lapse of

5 appropriations or an enactment by Congress), or a reduc6 tion in force action.’’.

7 (c) APPLICABILITY OF MERIT SYSTEMS PROTECTION

8 BOARD PROVISIONS.—Section 347(b) of the Department

9 of Transportation and Related Agencies Appropriations

10 Act, 1996 (109 Stat. 460) is amended—

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

12 (6);

13 (2) by striking the period at the end of para14 graph (7) and inserting ‘‘; and’’; and

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

16 ‘‘(8) sections 1204, 1211–1218, 1221, and

17 7701–7703, relating to the Merit Systems Protec18 tion Board.’’.

19 (d) APPEALS TO MERIT SYSTEMS PROTECTION

20 BOARD.—Section 347(c) of the Department of Transpor21 tation and Related Agencies Appropriations Act, 1996 is

22 amended to read as follows:

23 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

24 BOARD.—Under the new personnel management system

25 developed and implemented under subsection (a), an em-
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1 ployee of the Federal Aviation Administration may submit

2 an appeal to the Merit Systems Protection Board and may

3 seek judicial review of any resulting final orders or deci4 sions of the Board from any action that was appealable

5 to the Board under any law, rule, or regulation as of

6 March 31, 1996.’’.

7 SEC. 705. NONDISCRIMINATION IN AIRLINE TRAVEL.

8 (a) DISCRIMINATORY PRACTICES.—Section 41310(a)

9 is amended to read as follows:

10 ‘‘(a) PROHIBITIONS.—

11 ‘‘(1) IN GENERAL.—An air carrier or foreign

12 air carrier may not subject a person, place, port, or

13 type of traffic in foreign air transportation to unrea14 sonable discrimination.

15 ‘‘(2) DISCRIMINATION AGAINST PERSONS.—An

16 air carrier or foreign air carrier may not subject a

17 person in foreign air transportation to discrimina18 tion on the basis of race, color, national origin, reli19 gion, or sex.’’.

20 (b) INTERSTATE AIR TRANSPORTATION.—Section

21 41702 is amended—

22 (1) by striking ‘‘An air carrier’’ and inserting

23 ‘‘(a) SAFE AND ADEQUATE AIR TRANSPOR24 TATION.—An air carrier’’; and

25 (2) by adding at the end the following:
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1 ‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air

2 carrier may not subject a person in interstate air transpor3 tation to discrimination on the basis of race, color, na4 tional origin, religion, or sex.’’.

5 (c) DISCRIMINATION AGAINST HANDICAPPED INDI6 VIDUALS.—Section 41705 is amended by inserting ‘‘or

7 foreign air carrier’’ after ‘‘air carrier’’.

8 (d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBI9 TION ON DISCRIMINATION AGAINST THE HANDI10 CAPPED.—Sections 46301(a)(1)(A) is amended by insert11 ing ‘‘41705,’’ after ‘‘41704,’’.

12 (e) INTERNATIONAL AVIATION STANDARDS FOR AC13 COMMODATING THE HANDICAPPED.—The Secretary of

14 Transportation shall work with appropriate international

15 organizations and the aviation authorities of other nations

16 to bring about the establishment of higher standards, if

17 appropriate, for accommodating handicapped passengers

18 in air transportation, particularly with respect to foreign

19 air carriers that code share with domestic air carriers.

20 SEC. 706. GENERAL FACILITIES AND PERSONNEL AUTHOR21 ITY.

22 Section 44502(a) is further amended by adding at

23 the end the following:

24 ‘‘(6) IMPROVEMENTS ON LEASED PROP25 ERTIES.—The Administrator may make improve-
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1 ments to real property leased for an air navigation

2 facility, regardless of whether the cost of making the

3 improvements exceeds the cost of leasing the real

4 property, if—

5 ‘‘(A) the property is leased for free or

6 nominal rent;

7 ‘‘(B) the improvements primarily benefit

8 the Government;

9 ‘‘(C) the improvements are essential for ac10 complishment of the mission of the Federal

11 Aviation Administration; and

12 ‘‘(D) the interest of the Government in the

13 improvements is protected.’’.

14 SEC. 707. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

15 CHICAGO CONVENTION.

16 Section 44701 is amended by—

17 (1) redesignating subsection (e) as subsection

18 (f); and

19 (2) by inserting after subsection (d) the follow20 ing:

21 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER22 SIGHT RESPONSIBILITIES.—

23 ‘‘(1) IN GENERAL.—Notwithstanding the provi24 sions of this chapter, the Administrator, pursuant to

25 Article 83 bis of the Convention on International
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1 Civil Aviation and by a bilateral agreement with the

2 aeronautical authorities of another country, may ex3 change with that country all or part of their respec4 tive functions and duties with respect to registered

5 aircraft under the following articles of the Conven6 tion: Article 12 (Rules of the Air); Article 31 (Cer7 tificates of Airworthiness); or Article 32a (Licenses

8 of Personnel).

9 ‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF

10 RESPONSIBILITY.—The Administrator relinquishes

11 responsibility with respect to the functions and du12 ties transferred by the Administrator as specified in

13 the bilateral agreement, under the Articles listed in

14 paragraph (1) for United States-registered aircraft

15 described in paragraph (4)(A) transferred abroad

16 and accepts responsibility with respect to the func17 tions and duties under those Articles for aircraft

18 registered abroad and described in paragraph (4)(B)

19 that are transferred to the United States.

20 ‘‘(3) CONDITIONS.—The Administrator may

21 predicate, in the agreement, the transfer of func22 tions and duties under this subsection on any condi23 tions the Administrator deems necessary and pru24 dent, except that the Administrator may not transfer

25 responsibilities for United States registered aircraft
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1 described in paragraph (4)(A) to a country that the

2 Administrator determines is not in compliance with

3 its obligations under international law for the safety

4 oversight of civil aviation.

5 ‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this

6 subsection, the term ‘registered aircraft’ means—

7 ‘‘(A) aircraft registered in the United

8 States and operated pursuant to an agreement

9 for the lease, charter, or interchange of the air10 craft or any similar arrangement by an opera11 tor that has its principal place of business or,

12 if it has no such place of business, its perma13 nent residence in another country; or

14 ‘‘(B) aircraft registered in a foreign coun15 try and operated under an agreement for the

16 lease, charter, or interchange of the aircraft or

17 any similar arrangement by an operator that

18 has its principal place of business or, if it has

19 no such place of business, its permanent resi20 dence in the United States.’’.

21 SEC. 708. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

22 Section 44703 is amended—

23 (1) by redesignating subsections (c) through (f)

24 as subsections (d) through (g), respectively; and
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1 (2) by inserting after subsection (b) the follow2 ing:

3 ‘‘(c) PUBLIC INFORMATION.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2)

5 and notwithstanding any other provision of law, the

6 records of the contents (as prescribed in subsection

7 (b)) of any airman certificate issued under this sec8 tion shall be made available to the public after the

9 90th day following the date of enactment of the

10 Aviation Investment and Reform Act for the 21st

11 Century.

12 ‘‘(2) ADDRESSES OF AIRMEN.—Before making

13 the address of an airman available to the public

14 under paragraph (1), the airman shall be given an

15 opportunity to elect that the airman’s address not be

16 made available to the public.

17 ‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF

18 PROGRAM.—Not later than 60 days after the date of

19 enactment of the Aviation Investment and Reform

20 Act for the 21st Century, the Administrator shall

21 develop and implement, in cooperation with rep22 resentatives of the aviation industry, a one-time

23 written notification to airmen to set forth the impli24 cations of making the address of an airman available
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1 to the public under paragraph (1) and to carry out

2 paragraph (2).’’.

3 SEC. 709. APPEALS OF EMERGENCY REVOCATIONS OF CER4 TIFICATES.

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

6 ‘‘(e) EFFECTIVENESS OF ORDERS PENDING AP7 PEAL.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), if a person files an appeal with the Board

10 under section (d), the order of the Administrator is

11 stayed.

12 ‘‘(2) EMERGENCIES.—If the Administrator ad13 vises the Board that an emergency exists and safety

14 in air commerce or air transportation requires the

15 order to be effective immediately, the order is effec16 tive, except that a person filing an appeal under sub17 section (d) may file a written petition to the Board

18 for an emergency stay on the issues of the appeal

19 that are related to the existence of the emergency.

20 The Board shall have 10 days to review the mate21 rials. If any 2 members of the Board determine that

22 sufficient grounds exist to grant a stay, an emer23 gency stay shall be granted. If an emergency stay is

24 granted, the Board must meet within 15 days of the
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1 granting of the stay to make a final disposition of

2 the issues related to the existence of the emergency.

3 ‘‘(3) FINAL DISPOSITION OF APPEAL.—In all

4 cases, the Board shall make a final disposition of the

5 merits of the appeal not later than 60 days after the

6 Administrator advises the Board of the order.’’.

7 SEC. 710. GOVERNMENT AND INDUSTRY CONSORTIA.

8 Section 44903 is amended by adding at the end the

9 following:

10 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—

11 The Administrator may establish at individual airports

12 such consortia of government and aviation industry rep13 resentatives as the Administrator may designate to pro14 vide advice on matters related to aviation security and

15 safety. Such consortia shall not be considered Federal ad16 visory committees.’’.

17 SEC. 711. PASSENGER MANIFEST.

18 Section 44909(a)(2) is amended by striking ‘‘shall’’

19 and inserting ‘‘should’’.

20 SEC. 712. COST RECOVERY FOR FOREIGN AVIATION SERV21 ICES.

22 Section 45301(a) is amended—

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

24 following:
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1 ‘‘(2) Services (other than air traffic control

2 services) provided to a foreign government or to any

3 entity obtaining services outside the United States,

4 except that the Administrator shall not impose fees

5 in any manner for production-certification related

6 service performed outside the United States.’’; and

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

8 ‘‘(d) PRODUCTION-CERTIFICATION RELATED SERV9 ICE DEFINED.—In this section the term ‘production-cer10 tification related service’ has the meaning given that term

11 in Appendix C of part 187 of title 14, Code of Federal

12 Regulations.’’.

13 SEC. 713. TECHNICAL CORRECTIONS TO CIVIL PENALTY

14 PROVISIONS.

15 Section 46301 is amended—

16 (1) in subsection (a)(1)(A) by striking ‘‘46302,

17 46303, or’’;

18 (2) in subsection (d)(7)(A) by striking ‘‘an indi19 vidual’’ the first place it appears and inserting ‘‘a

20 person’’; and

21 (3) in subsection (g) by inserting ‘‘or the Ad22 ministrator’’ after ‘‘Secretary’’.

23 SEC. 714. ENHANCED VISION TECHNOLOGIES.

24 (a) STUDY.—The Administrator shall conduct a

25 study of the feasibility of requiring United States airports
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1 to install enhanced vision technologies to replace or en2 hance conventional landing light systems over the 10-year

3 period following the date of completion of such study.

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

5 of enactment of this Act, the Administrator shall transmit

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

7 under subsection (a), together with such recommendations

8 as the Administrator considers appropriate.

9 (c) INCLUSION OF INSTALLATION AS AIRPORT DE10 VELOPMENT.—Section 47102 of title 49, United States

11 Code, is amended—

12 (1) in paragraph (3)(B)—

13 (A) by striking ‘‘and’’ at the end of clause

14 (v);

15 (B) by striking the period at the end of

16 clause (vi) and inserting ‘‘; and’’; and

17 (C) by inserting after clause (vi) the fol18 lowing:

19 ‘‘(vii) enhanced vision technologies

20 that are certified by the Administrator of

21 the Federal Aviation Administration and

22 that are intended to replace or enhance

23 conventional landing light systems.’’; and

24 (2) by adding at the end the following:
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1 ‘‘(21) ENHANCED VISION TECHNOLOGIES.—The

2 term ‘enhanced vision technologies’ means laser

3 guidance, ultraviolet guidance, infrared, and cold

4 cathode technologies.’’.

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

6 the date of enactment of this Act, the Administrator shall

7 transmit to Congress a schedule for deciding whether or

8 not to certify laser guidance equipment for use as ap9 proach lighting at United States airports and of cold cath10 ode lighting equipment for use as runway and taxiway

11 lighting at United States airports and as lighting at

12 United States heliports.

13 SEC. 715. WAIVER UNDER AIRPORT NOISE AND CAPACITY

14 ACT.

15 (a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH

16 STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amend17 ed in the first sentence by inserting ‘‘or foreign air car18 rier’’ after ‘‘air carrier’’.

19 (b) EXEMPTION FOR AIRCRAFT MODIFICATION OR

20 DISPOSAL.—Section 47528 is amended—

21 (1) in subsection (a) by inserting ‘‘or (f)’’ after

22 ‘‘(b)’’; and

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

24 ‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After

25 December 31, 1999, the Secretary may provide a proce-
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1 dure under which a person may operate a stage 1 or stage

2 2 aircraft in nonrevenue service to or from an airport in

3 the United States in order to—

4 ‘‘(1) sell the aircraft outside the United States;

5 ‘‘(2) sell the aircraft for scrapping; or

6 ‘‘(3) obtain modifications to the aircraft to meet

7 stage 3 noise levels.’’.

8 SEC. 716. TYPOGRAPHICAL ERRORS.

9 (a) IN TITLE 49, UNITED STATES CODE.—Title 49

10 is amended—

11 (1) in section 5108(f) by striking ‘‘section

12 552(f)’’ and inserting ‘‘section 552(b)’’.

13 (2) in section 15904(c)(1) by inserting ‘‘sec14 tion’’ before ‘‘15901(b)’’.

15 (3) in section 49106(b)(1)(F) by striking

16 ‘‘1996’’ and inserting ‘‘1986’’;

17 (4) in section 49106(c)(3) by striking ‘‘by the

18 board’’ and inserting ‘‘to the board’’;

19 (5) in section 49107(b) by striking ‘‘subchapter

20 II’’ and inserting ‘‘subchapter III’’; and

21 (6) in section 49111(b) by striking ‘‘retention

22 of’’ and inserting ‘‘retention by’’.

23 (b) CODIFICATION REPEAL TABLE.—The Schedule

24 of Laws Repealed in section 5(b) the Act of November

25 20, 1997 (Public Law 105–102; 111 Stat. 2217), is
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1 amended by striking ‘‘1996’’ the first place it appears and

2 inserting ‘‘1986’’.

3 (c) CODIFICATION REFERENCES.—Effective October

4 11, 1996, section 5(45)(A) of the Act of October 11, 1996

5 (Public Law 104–287, 110 Stat. 3393), is amended by

6 striking ‘‘ENFORCEMENT;’’ and inserting ‘‘EN7 FORCEMENT:’’.

8 SEC. 717. ACQUISITION MANAGEMENT SYSTEM.

9 Section 348 of the Department of Transportation and

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

11 106 note; 109 Stat. 460) is amended by striking sub12 section (c) and inserting the following:

13 ‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT

14 FISCAL YEAR.—Notwithstanding subsection (b)(3), the

15 Administrator may enter into contracts for procurement

16 of severable services that begin in one fiscal year and end

17 in another if (without regard to any option to extend the

18 period of the contract) the contract period does not exceed

19 1 year.’’.

20 SEC. 718. EXTENSION OF APPLICATION APPROVALS FOR

21 METROPOLITAN WASHINGTON AIRPORT AU22 THORITY.

23 49108 is amended by striking ‘‘2001’’ and inserting

24 ‘‘2004’’.
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1 SEC. 719. AIRCRAFT SITUATIONAL DISPLAY DATA.

2 (a) IN GENERAL.—A memorandum of agreement be3 tween the Administrator of the Federal Aviation Adminis4 tration and any person that directly obtains aircraft situa5 tional display data from the Administration shall require

6 that—

7 (1) the person demonstrate to the satisfaction

8 of the Administrator that such person is capable of

9 selectively blocking the display of any aircraft-situa10 tion-display-to-industry derived data related to any

11 identified aircraft registration number; and

12 (2) the person agree to block selectively the air13 craft registration numbers of any aircraft owner or

14 operator upon the Administration’s request.

15 (b) EXISTING MEMORANDA TO BE CONFORMED.—

16 The Administrator shall conform any memoranda of

17 agreement, in effect on the date of enactment of this Act,

18 between the Administration and a person under which that

19 person obtains such data to incorporate the requirements

20 of subsection (a) within 30 days after that date.

21 SEC. 720. ELIMINATION OF BACKLOG OF EQUAL EMPLOY22 MENT OPPORTUNITY COMPLAINTS.

23 (a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal

24 year 2000, the Secretary of Transportation may hire or

25 contract for such additional personnel as may be necessary

26 to eliminate the backlog of pending equal employment op-
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1 portunity complaints to the Department of Transportation

2 and to ensure that investigations of complaints are com3 pleted not later than 180 days after the date of initiation

4 of the investigation.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $2,000,000 for fiscal year 2000. Such sums shall remain

8 available until expended.

9 SEC. 721. NEWPORT NEWS, VIRGINIA.

10 (a) AUTHORITY TO GRANT WAIVERS.—Notwith11 standing section 16 of the Federal Airport Act (as in ef12 fect on May 14, 1947) or section 47125 of title 49, United

13 States Code, the Secretary shall, subject to section 47153

14 of such title (as in effect on June 1, 1998), and subsection

15 (b) of this section, waive with respect to airport property

16 parcels that, according to the airport layout plan for New17 port News/Williamsburg International Airport, are no

18 longer required for airport purposes from any term con19 tained in the deed of conveyance dated May 14, 1947,

20 under which the United States conveyed such property to

21 the Peninsula Airport Commission for airport purposes of

22 the Commission.

23 (b) CONDITIONS.—Any waiver granted by the Sec24 retary under subsection (a) shall be subject to the follow25 ing conditions:
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1 (1) The Peninsula Airport Commission shall

2 agree that, in leasing or conveying any interest in

3 the property with respect to which waivers are

4 granted under subsection (a), the Commission will

5 receive an amount that is equal to the fair lease

6 value or the fair market value, as the case may be

7 (as determined pursuant to regulations issued by the

8 Secretary).

9 (2) Peninsula Airport Commission shall use any

10 amount so received only for the development, im11 provement, operation, or maintenance of Newport

12 News/Williamsburg International Airport.

13 SEC. 722. GRANT OF EASEMENT, LOS ANGELES, CALIFOR14 NIA.

15 The City of Los Angeles Department of Airports may

16 grant an easement to the California Department of Trans17 portation to lands required to provide sufficient right-of18 way to facilitate the construction of the California State

19 Route 138 bypass, as proposed by the California Depart20 ment of Transportation.

21 SEC. 723. REGULATION OF ALASKA GUIDE PILOTS.

22 (a) IN GENERAL.—Beginning on the date of enact23 ment of this Act, flight operations conducted by Alaska

24 guide pilots shall be regulated under the general operating
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1 and flight rules contained in part 91 of title 14, Code of

2 Regulations.

3 (b) RULEMAKING PROCEEDING.—

4 (1) IN GENERAL.—The Administrator of the

5 Federal Aviation Administration shall conduct a

6 rulemaking proceeding and issue a final rule to mod7 ify the general operating and flight rules referred to

8 in subsection (a) by establishing special rules appli9 cable to the flight operations conducted by Alaska

10 guide pilots.

11 (2) CONTENTS OF RULES.—Any rule issued by

12 the Administrator pursuant to the rulemaking pro13 ceeding conducted under paragraph (1) shall require

14 Alaska guide pilots—

15 (A) to operate aircraft inspected no less

16 often than after 125 hours of flight time;

17 (B) to participate in an annual flight re18 view, as described in section 61.56 of title 14,

19 Code of Federal Regulations;

20 (C) to have at least 500 hours of flight

21 time as a pilot;

22 (D) to have a commercial rating, as de23 scribed subpart F of part 61 of such title;
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1 (E) to hold at least a second-class medical

2 certificate, as described in subpart C of part 67

3 of such title;

4 (F) to hold a current letter of authoriza5 tion issued by the Administrator; and

6 (G) to take such other actions as the Ad7 ministrator determines necessary for safety.

8 (3) LETTER OF AUTHORIZATION DEFINED.—In

9 this subsection, the term ‘‘letter of authorization’’

10 means a letter issued by the Administrator once

11 every 5 years to an Alaska guide pilot certifying that

12 the pilot is in compliance with general operating and

13 flight rules applicable to the pilot. In the case of a

14 multi-pilot operation, at the election of the operating

15 entity, a letter of authorization may be issued by the

16 Administrator to the entity or to each Alaska guide

17 pilot employed by the entity.

18 (c) ALASKA GUIDE PILOT DEFINED.—In this Act,

19 the term ‘‘Alaska guide pilot’’ means a pilot who—

20 (1) conducts aircraft operations over or within

21 the State of Alaska;

22 (2) operates single engine, fixed wing aircraft

23 on floats, wheels, or skis, providing commercial

24 hunting, fishing, or other guide services and related

25 accommodations in the form of camps or lodges; and
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1 (3) transports clients by such aircraft incidental

2 to hunting, fishing, or other guide services, or uses

3 air transport to enable guided clients to reach hunt4 ing or fishing locations.

5 SEC. 724. PUBLIC AIRCRAFT.

6 (a) RESTATEMENT OF DEFINITION OF PUBLIC AIR7 CRAFT WITHOUT SUBSTANTIVE CHANGE.—Section

8 40102(37) is amended to read as follows:

9 ‘‘(37) ‘public aircraft’ means an aircraft—

10 ‘‘(A) used only for the United States Gov11 ernment, and operated under the conditions

12 specified by section 40125(b) if owned by the

13 Government;

14 ‘‘(B) owned by the United States Govern15 ment, operated by any person for purposes re16 lated to crew training, equipment development,

17 or demonstration, and operated under the con18 ditions specified by section 40125(b);

19 ‘‘(C) owned and operated by the govern20 ment of a State, the District of Columbia, a

21 territory or possession of the United States, or

22 a political subdivision of one of these govern23 ments, under the conditions specified by section

24 40125(c); or
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1 ‘‘(D) exclusively leased for at least 90 con2 tinuous days by the government of a State, the

3 District of Columbia, a territory or possession

4 of the United States, or a political subdivision

5 of one of these governments.’’.

6 (b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA7 TUS.—

8 (1) GENERAL.—Chapter 401 is amended by

9 adding at the end the following:

10 ‘‘§ 40125. Qualifications for public aircraft status

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

12 definitions apply:

13 ‘‘(1) COMMERCIAL PURPOSES.—The term ‘com14 mercial purposes’ means the transportation of per15 sons or property for compensation or hire, but does

16 not include the operation of an aircraft by one gov17 ernment on behalf of another government under a

18 cost reimbursement agreement, if the government on

19 whose behalf the operation is conducted certifies to

20 the Administrator of the Federal Aviation Adminis21 tration that the operation is necessary to respond to

22 a significant and imminent threat to life or property

23 (including natural resources) and that no service by

24 a private operator is reasonably available to meet the

25 threat.
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1 ‘‘(2) GOVERNMENTAL FUNCTION.—The term

2 ‘governmental function’ means an activity under3 taken by a government, such as firefighting, search

4 and rescue, law enforcement, aeronautical research,

5 or biological or geological resource management.

6 ‘‘(3) QUALIFIED NON-CREWMEMBER.—The

7 term ‘qualified non-crewmember’ means an individ8 ual, other than a member of the crew, aboard an

9 aircraft—

10 ‘‘(A) operated by the armed forces or an

11 intelligence agency of the United States Gov12 ernment; or

13 ‘‘(B) whose presence is required to per14 form, or is associated with the performance of,

15 a governmental function.

16 ‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—

17 An aircraft described in 40102(37)(A) or (B), if owned

18 by the Government, qualifies as a public aircraft except

19 when it is used for commercial purposes or to carry an

20 individual other than a crewmember or a qualified non21 crewmember.

22 ‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOV23 ERNMENTS.—An aircraft described in 40102(37)(C)

24 qualifies as a public aircraft except when it is used for
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1 commercial purposes or to carry an individual other than

2 a crewmember or a qualified non-crewmember.’’.

3 (2) CONFORMING AMENDMENT.—The analysis

4 for chapter 401 is amended by adding at the end the

5 following:

‘‘40125. Qualifications for public aircraft status.’’.

6 SEC. 725. EXTENSION OF WAR RISK INSURANCE PROGRAM.

7 Section 44310 of such title is amended by striking

8 ‘‘March 31, 1999’’ and inserting ‘‘December 31, 2004’’.

9 SEC. 726. CENTENNIAL OF FLIGHT COMMISSION.

10 (a) MEMBERSHIP.—

11 (1) APPOINTMENT.—Section 4(a)(5) of the

12 Centennial of Flight Commemoration Act (36 U.S.C.

13 143 note; 112 Stat. 3487) is amended by inserting

14 ‘‘, or his designee,’’ after ‘‘prominence’’.

15 (2) STATUS.—Section 4 of such Act (112 Stat.

16 3487) is amended by adding at the end the follow17 ing:

18 ‘‘(g) STATUS.—The members of the Commission de19 scribed in paragraphs (1), (3), (4), and (5) of subsection

20 (a) shall not be considered to be officers or employees of

21 the United States.’’.

22 (b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.

23 3488) is amended to read as follows:

24 ‘‘(7) as a nonprimary purpose, publish popular

25 and scholarly works related to the history of aviation
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1 or the anniversary of the centennial of powered

2 flight.’’.

3 (c) CONFLICTS OF INTEREST.—Section 6 of such Act

4 (112 Stat. 3488–3489) is amended by adding at the end

5 the following:

6 ‘‘(e) CONFLICTS OF INTEREST.—At its second busi7 ness meeting, the Commission shall adopt a policy to pro8 tect against possible conflicts of interest involving its

9 members and employees. The Commission shall consult

10 with the Office of Government Ethics in the development

11 of such a policy and shall recognize the status accorded

12 its members under section 4(g).’’.

13 (d) EXECUTIVE DIRECTOR.—The first sentence of

14 section 7(a) of such Act (112 Stat. 3489) is amended by

15 striking the period at the end and inserting the following:

16 ‘‘or represented on the First Flight Centennial Advisory

17 Board under subparagraphs (A) through (E) of section

18 12(b)(1).’’.

19 (e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

20 SEALS, AND MARKS.—

21 (1) USE OF FUNDS.—Section 9(d) of such Act

22 (112 Stat. 3490) is amended by striking the period

23 at the end and inserting the following: ‘‘, except that

24 the Commission may transfer any portion of such

25 funds that is in excess of the funds necessary to
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1 carry out such duties to any Federal agency or the

2 National Air and Space Museum of the Smithsonian

3 Institution to be used for the sole purpose of com4 memorating the history of aviation or the centennial

5 of powered flight.’’.

6 (2) DUTIES TO BE CARRIED OUT BY ADMINIS7 TRATOR OF NASA.—Section 9 of such Act (112 Stat.

8 3490) is amended by adding at the end the follow9 ing:

10 ‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINIS11 TRATOR OF NASA.—The duties of the Commission under

12 this section shall be carried out by the Administrator of

13 the National Aeronautics and Space Administration, in

14 consultation with the Commission.’’.

15 SEC. 727. PILOT PROGRAM FOR CAPITAL LEASING CON16 TRACTS.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Administrator may establish a pilot pro19 gram for fiscal years 2000 through 2004 to test and evalu20 ate the benefits of long-term capital leasing contracts of

21 aviation equipment and facilities.

22 (b) PROGRAM CRITERIA.—The Administrator shall

23 establish criteria for the pilot program. The Administrator

24 may not enter into more than 20 leasing contracts under

25 the pilot program, and may not enter into any leasing con-
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1 tract under the pilot program unless the Administrator de2 termines that the leasing contract will be of the best value

3 to the United States. Each of such contracts shall be for

4 a period greater than 5 years, but no greater than 20

5 years. Under such a contract, the aviation equipment or

6 facility shall be provided by the lessee and operated by

7 the Administrator and funding for the lease of the equip8 ment or facility shall be subject to annual appropriations.

9 SEC. 728. REPEAL OF MAIL RATE-SETTING AUTHORITY.

10 Effective December 31, 1998, section 4(k) of the Act

11 of July 5, 1994 (Public Law 103-272, 108 Stat. 1370),

12 as amended by section 7(a)(3)(D) of the Act of October

13 31, 1994 (Public Law 103-429 , 108 Stat. 329), is re14 pealed.

15 SEC. 729. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY

16 PANEL.

17 (a) ESTABLISHMENT OF PANEL.—The Secretary of

18 Transportation—

19 (1) shall establish an Aircraft Repair and Main20 tenance Advisory Panel to review issues related to

21 the use and oversight of aircraft and aviation com22 ponent repair and maintenance facilities (in this sec23 tion referred to as ‘‘aircraft repair facilities’’) lo24 cated within, or outside of, the United States; and
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1 (2) may seek the advice of the panel on any

2 issue related to methods to increase safety by im3 proving the oversight of aircraft repair facilities.

4 (b) MEMBERSHIP.—The panel shall consist of—

5 (1) 9 members appointed by the Secretary as

6 follows:

7 (A) 3 representatives of labor organiza8 tions representing aviation mechanics;

9 (B) 1 representative of cargo air carriers;

10 (C) 1 representative of passenger air car11 riers;

12 (D) 1 representative of aircraft repair fa13 cilities;

14 (E) 1 representative of aircraft manufac15 turers;

16 (F) 1 representative of on-demand pas17 senger air carriers and corporate aircraft oper18 ations; and

19 (G) 1 representative of regional passenger

20 air carriers;

21 (2) 1 representative from the Department of

22 Commerce, designated by the Secretary of Com23 merce;

24 (3) 1 representative from the Department of

25 State, designated by the Secretary of State; and
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1 (4) 1 representative from the Federal Aviation

2 Administration, designated by the Administrator of

3 the Federal Aviation Administration.

4 (c) RESPONSIBILITIES.—The panel shall—

5 (1) determine the amount and type of work

6 that is being performed by aircraft repair facilities

7 located within, and outside of, the United States;

8 and

9 (2) provide advice and counsel to the Secretary

10 with respect to the aircraft and aviation component

11 repair work performed by aircraft repair facilities

12 and air carriers, staffing needs, and any balance of

13 trade or safety issues associated with that work.

14 (d) DOT TO REQUEST INFORMATION FROM AIR

15 CARRIERS AND REPAIR FACILITIES.—

16 (1) COLLECTION OF INFORMATION.—The Sec17 retary, by regulation, shall require air carriers, for18 eign air carriers, domestic repair facilities, and for19 eign repair facilities to submit such information as

20 the Secretary may require in order to assess balance

21 of trade and safety issues with respect to work per22 formed on aircraft used by air carriers, foreign air

23 carriers, United States corporate operators, and for24 eign corporate operators.
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1 (2) DRUG AND ALCOHOL TESTING INFORMA2 TION.—Included in the information the Secretary re3 quires under paragraph (1) shall be information on

4 the existence and administration of employee drug

5 and alcohol testing programs in place at the foreign

6 repair facilities, if applicable. The Secretary, if nec7 essary, shall work with the International Civil Avia8 tion Organization to increase the number and im9 prove the administration of employee drug and alco10 hol testing programs at the foreign repair facilities.

11 (3) DESCRIPTION OF WORK DONE.—Included in

12 the information the Secretary requires under para13 graph (1) shall be information on the amount and

14 type of work performed on aircraft registered in and

15 outside of the United States.

16 (e) DOT TO FACILITATE COLLECTION OF INFORMA17 TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary

18 shall facilitate the collection of information from the Na19 tional Transportation Safety Board, the Federal Aviation

20 Administration, and other appropriate agencies regarding

21 maintenance performed by aircraft repair facilities.

22 (f) DOT TO MAKE INFORMATION AVAILABLE TO

23 PUBLIC.—The Secretary shall make any relevant informa24 tion received under subsection (c) available to the public,

25 consistent with the authority to withhold trade secrets or
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1 commercial, financial, and other proprietary information

2 under section 552 of title 5, United States Code.

3 (g) TERMINATION.—The panel established under

4 subsection (a) shall terminate on the earlier of—

5 (1) the date that is 2 years after the date of en6 actment of this Act; or

7 (2) December 31, 2001.

8 (h) DEFINITIONS.—The definitions contained in sec9 tion 40102 of title 49, United States Code, shall apply

10 to this section.

11 TITLE VIII—NATIONAL PARKS

12 AIR TOUR MANAGEMENT

13 SEC. 801. SHORT TITLE.

14 This title may be cited as the ‘‘National Parks Air

15 Tour Management Act of 1999’’.

16 SEC. 802. FINDINGS.

17 Congress finds that—

18 (1) the Federal Aviation Administration has

19 sole authority to control airspace over the United

20 States;

21 (2) the Federal Aviation Administration has the

22 authority to preserve, protect, and enhance the envi23 ronment by minimizing, mitigating, or preventing

24 the adverse effects of aircraft overflights of public

25 and tribal lands;
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1 (3) the National Park Service has the respon2 sibility of conserving the scenery and natural and

3 historic objects and wildlife in national parks and of

4 providing for the enjoyment of the national parks in

5 ways that leave the national parks unimpaired for

6 future generations;

7 (4) the protection of tribal lands from aircraft

8 overflights is consistent with protecting the public

9 health and welfare and is essential to the mainte10 nance of the natural and cultural resources of In11 dian tribes;

12 (5) the National Parks Overflights Working

13 Group, composed of general aviation, commercial air

14 tour, environmental, and Native American represent15 atives, recommended that the Congress enact legisla16 tion based on the Group’s consensus work product;

17 and

18 (6) this title reflects the recommendations made

19 by that Group.

20 SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

21 PARKS.

22 (a) IN GENERAL.—Chapter 401 of title 49, United

23 States Code, is amended by adding at the end the follow24 ing:
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1 ‘‘§ 40125. Overflights of national parks

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

4 air tour operator may not conduct commercial air

5 tour operations over a national park (including tribal

6 lands) except—

7 ‘‘(A) in accordance with this section;

8 ‘‘(B) in accordance with conditions and

9 limitations prescribed for that operator by the

10 Administrator; and

11 ‘‘(C) in accordance with any applicable air

12 tour management plan for the park.

13 ‘‘(2) APPLICATION FOR OPERATING AUTHOR14 ITY.—

15 ‘‘(A) APPLICATION REQUIRED.—Before

16 commencing commercial air tour operations

17 over a national park (including tribal lands), a

18 commercial air tour operator shall apply to the

19 Administrator for authority to conduct the op20 erations over the park.

21 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

22 CAPACITY PARKS.—Whenever an air tour man23 agement plan limits the number of commercial

24 air tour operations over a national park during

25 a specified time frame, the Administrator, in

26 cooperation with the Director, shall issue oper-
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1 ation specifications to commercial air tour oper2 ators that conduct such operations. The oper3 ation specifications shall include such terms and

4 conditions as the Administrator and the Direc5 tor find necessary for management of commer6 cial air tour operations over the park. The Ad7 ministrator, in cooperation with the Director,

8 shall develop an open competitive process for

9 evaluating proposals from persons interested in

10 providing commercial air tour operations over

11 the park. In making a selection from among

12 various proposals submitted, the Administrator,

13 in cooperation with the Director, shall consider

14 relevant factors, including—

15 ‘‘(i) the safety record of the person

16 submitting the proposal or pilots employed

17 by the person;

18 ‘‘(ii) any quiet aircraft technology pro19 posed to be used by the person submitting

20 the proposal;

21 ‘‘(iii) the experience of the person sub22 mitting the proposal with commercial air

23 tour operations over other national parks

24 or scenic areas;
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1 ‘‘(iv) the financial capability of the

2 company;

3 ‘‘(v) any training programs for pilots

4 provided by the person submitting the pro5 posal; and

6 ‘‘(vi) responsiveness of the person

7 submitting the proposal to any relevant

8 criteria developed by the National Park

9 Service for the affected park.

10 ‘‘(C) NUMBER OF OPERATIONS AUTHOR11 IZED.—In determining the number of author12 izations to issue to provide commercial air tour

13 operations over a national park, the Adminis14 trator, in cooperation with the Director, shall

15 take into consideration the provisions of the air

16 tour management plan, the number of existing

17 commercial air tour operators and current level

18 of service and equipment provided by any such

19 operators, and the financial viability of each

20 commercial air tour operation.

21 ‘‘(D) COOPERATION WITH NPS.—Before

22 granting an application under this paragraph,

23 the Administrator, in cooperation with the Di24 rector, shall develop an air tour management
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1 plan in accordance with subsection (b) and im2 plement such plan.

3 ‘‘(3) EXCEPTION.—

4 ‘‘(A) IN GENERAL.—If a commercial air

5 tour operator secures a letter of agreement

6 from the Administrator and the superintendent

7 for the national park that describes the condi8 tions under which the commercial air tour oper9 ation will be conducted, then notwithstanding

10 paragraph (1), the commercial air tour operator

11 may conduct such operations over the national

12 park under part 91 of title 14, Code of Federal

13 Regulations, if such activity is permitted under

14 part 119 of such title.

15 ‘‘(B) LIMIT ON EXCEPTIONS.—Not more

16 than 5 flights in any 30-day period over a sin17 gle national park may be conducted under this

18 paragraph.

19 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE20 MENTS.—Notwithstanding subsection (c), an exist21 ing commercial air tour operator shall apply, not

22 later than 90 days after the date of enactment of

23 this section, for operating authority under part 119,

24 121, or 135 of title 14, Code of Federal Regulations.

25 A new entrant commercial air tour operator shall
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1 apply for such authority before conducting commer2 cial air tour operations over a national park (includ3 ing tribal lands). The Administrator shall act on any

4 such application for a new entrant and issue a deci5 sion on the application not later than 24 months

6 after it is received or amended.

7 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

8 ‘‘(1) ESTABLISHMENT.—

9 ‘‘(A) IN GENERAL.—The Administrator, in

10 cooperation with the Director, shall establish an

11 air tour management plan for any national park

12 (including tribal lands) for which such a plan is

13 not in effect whenever a person applies for au14 thority to conduct a commercial air tour oper15 ation over the park. The air tour management

16 plan shall be developed by means of a public

17 process in accordance with paragraph (4).

18 ‘‘(B) OBJECTIVE.—The objective of any

19 air tour management plan shall be to develop

20 acceptable and effective measures to mitigate or

21 prevent the significant adverse impacts, if any,

22 of commercial air tours upon the natural and

23 cultural resources, visitor experiences, and trib24 al lands.
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1 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In

2 establishing an air tour management plan under this

3 subsection, the Administrator and the Director shall

4 each sign the environmental decision document re5 quired by section 102 of the National Environmental

6 Policy Act of 1969 (42 U.S.C. 4332) (including a

7 finding of no significant impact, an environmental

8 assessment, and an environmental impact statement)

9 and the record of decision for the air tour manage10 ment plan.

11 ‘‘(3) CONTENTS.—An air tour management

12 plan for a national park—

13 ‘‘(A) may limit or prohibit commercial air

14 tour operations;

15 ‘‘(B) may establish conditions for the con16 duct of commercial air tour operations, includ17 ing commercial air tour operation routes, maxi18 mum or minimum altitudes, time-of-day restric19 tions, restrictions for particular events, maxi20 mum number of flights per unit of time, intru21 sions on privacy on tribal lands, and mitigation

22 of adverse noise, visual, or other impacts;

23 ‘‘(C) may apply to all commercial air tour

24 operations;
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1 ‘‘(D) shall include incentives (such as pre2 ferred commercial air tour operation routes and

3 altitudes and relief from flight caps and cur4 fews) for the adoption of quiet aircraft tech5 nology by commercial air tour operators con6 ducting commercial air tour operations over the

7 park;

8 ‘‘(E) shall provide a system for allocating

9 opportunities to conduct commercial air tours if

10 the air tour management plan includes a limita11 tion on the number of commercial air tour oper12 ations for any time period; and

13 ‘‘(F) shall justify and document the need

14 for measures taken pursuant to subparagraphs

15 (A) through (E) and include such justifications

16 in the record of decision.

17 ‘‘(4) PROCEDURE.—In establishing an air tour

18 management plan for a national park (including

19 tribal lands), the Administrator and the Director

20 shall—

21 ‘‘(A) hold at least one public meeting with

22 interested parties to develop the air tour man23 agement plan;

24 ‘‘(B) publish the proposed plan in the Fed25 eral Register for notice and comment and make
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1 copies of the proposed plan available to the

2 public;

3 ‘‘(C) comply with the regulations set forth

4 in sections 1501.3 and 1501.5 through 1501.8

5 of title 40, Code of Federal Regulations (for

6 purposes of complying with the regulations, the

7 Federal Aviation Administration shall be the

8 lead agency and the National Park Service is a

9 cooperating agency); and

10 ‘‘(D) solicit the participation of any Indian

11 tribe whose tribal lands are, or may be,

12 overflown by aircraft involved in a commercial

13 air tour operation over the park, as a cooperat14 ing agency under the regulations referred to in

15 subparagraph (C).

16 ‘‘(5) JUDICIAL REVIEW.—An air tour manage17 ment plan developed under this subsection shall be

18 subject to judicial review.

19 ‘‘(6) AMENDMENTS.—The Administrator, in co20 operation with the Director, may make amendments

21 to an air tour management plan. Any such amend22 ments shall be published in the Federal Register for

23 notice and comment. A request for amendment of an

24 air tour management plan shall be made in such
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1 form and manner as the Administrator may pre2 scribe.

3 ‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR

4 OPERATION STATUS.—In making a determination of

5 whether a flight is a commercial air tour operation, the

6 Administrator may consider—

7 ‘‘(1) whether there was a holding out to the

8 public of willingness to conduct a sightseeing flight

9 for compensation or hire;

10 ‘‘(2) whether a narrative that referred to areas

11 or points of interest on the surface below the route

12 of the flight was provided by the person offering the

13 flight;

14 ‘‘(3) the area of operation;

15 ‘‘(4) the frequency of flights conducted by the

16 person offering the flight;

17 ‘‘(5) the route of flight;

18 ‘‘(6) the inclusion of sightseeing flights as part

19 of any travel arrangement package offered by the

20 person offering the flight;

21 ‘‘(7) whether the flight would have been can22 celed based on poor visibility of the surface below

23 the route of the flight; and

24 ‘‘(8) any other factors that the Administrator

25 considers appropriate.
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1 ‘‘(d) INTERIM OPERATING AUTHORITY.—

2 ‘‘(1) IN GENERAL.—Upon application for oper3 ating authority, the Administrator shall grant in4 terim operating authority under this subsection to a

5 commercial air tour operator for commercial air tour

6 operations over a national park (including tribal

7 lands) for which the operator is an existing commer8 cial air tour operator.

9 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In10 terim operating authority granted under this

11 subsection—

12 ‘‘(A) shall provide annual authorization

13 only for the greater of—

14 ‘‘(i) the number of flights used by the

15 operator to provide such tours within the

16 12-month period prior to the date of enact17 ment of this section; or

18 ‘‘(ii) the average number of flights per

19 12-month period used by the operator to

20 provide such tours within the 36-month pe21 riod prior to such date of enactment, and,

22 for seasonal operations, the number of

23 flights so used during the season or sea24 sons covered by that 12-month period;
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1 ‘‘(B) may not provide for an increase in

2 the number of commercial air tour operations

3 conducted during any time period by the com4 mercial air tour operator above the number that

5 the air tour operator was originally granted un6 less such an increase is agreed to by the Ad7 ministrator and the Director;

8 ‘‘(C) shall be published in the Federal Reg9 ister to provide notice and opportunity for com10 ment;

11 ‘‘(D) may be revoked by the Administrator

12 for cause;

13 ‘‘(E) shall terminate 180 days after the

14 date on which an air tour management plan is

15 established for the park or the tribal lands;

16 ‘‘(F) shall promote protection of national

17 park resources, visitor experiences, and tribal

18 lands;

19 ‘‘(G) shall promote safe operations of the

20 commercial air tour;

21 ‘‘(H) shall promote the adoption of quiet

22 technology, as appropriate; and

23 ‘‘(I) shall allow for modifications of the op24 eration based on experience if the modification
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1 improves protection of national park resources

2 and values and of tribal lands.

3 ‘‘(e) EXEMPTIONS.—

4 ‘‘(1) IN GENERAL.—Except as provided by

5 paragraph (2), this section shall not apply to—

6 ‘‘(A) the Grand Canyon National Park;

7 ‘‘(B) tribal lands within or abutting the

8 Grand Canyon National Park; or

9 ‘‘(C) any unit of the National Park System

10 located in Alaska or any other land or water lo11 cated in Alaska.

12 ‘‘(2) EXCEPTION.—This section shall apply to

13 the Grand Canyon National Park if section 3 of

14 Public Law 100–91 (16 U.S.C. 1a-1 note; 101 Stat.

15 674–678) is no longer in effect.

16 ‘‘(f) DEFINITIONS.—In this section, the following

17 definitions apply:

18 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The

19 term ‘commercial air tour operator’ means any per20 son who conducts a commercial air tour operation.

21 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERA22 TOR.—The term ‘existing commercial air tour opera23 tor’ means a commercial air tour operator that was

24 actively engaged in the business of providing com25 mercial air tour operations over a national park at
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1 any time during the 12-month period ending on the

2 date of enactment of this section.

3 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR

4 OPERATOR.—The term ‘new entrant commercial air

5 tour operator’ means a commercial air tour operator

6 that—

7 ‘‘(A) applies for operating authority as a

8 commercial air tour operator for a national

9 park; and

10 ‘‘(B) has not engaged in the business of

11 providing commercial air tour operations over

12 the national park (including tribal lands) in the

13 12-month period preceding the application.

14 ‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The

15 term ‘commercial air tour operation’ means any

16 flight, conducted for compensation or hire in a pow17 ered aircraft where a purpose of the flight is sightseeing over a national park, within 1 18 ⁄2 mile outside

19 the boundary of any national park, or over tribal

20 lands, during which the aircraft flies—

21 ‘‘(A) below a minimum altitude, deter22 mined by the Administrator in cooperation with

23 the Director, above ground level (except solely

24 for purposes of takeoff or landing, or necessary

25 for safe operation of an aircraft as determined
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1 under the rules and regulations of the Federal

2 Aviation Administration requiring the pilot-in3 command to take action to ensure the safe op4 eration of the aircraft); or

5 ‘‘(B) less than 1 mile laterally from any

6 geographic feature within the park (unless more

than 1 7 ⁄2 mile outside the boundary).

8 ‘‘(5) NATIONAL PARK.—The term ‘national

9 park’ means any unit of the National Park System.

10 ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’

11 means Indian country (as that term is defined in

12 section 1151 of title 18, United States Code) that is

13 within or abutting a national park.

14 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis15 trator’ means the Administrator of the Federal Avia16 tion Administration.

17 ‘‘(8) DIRECTOR.—The term ‘Director’ means

18 the Director of the National Park Service.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 for chapter 401 of title 49, United States Code, is amend21 ed by adding at the end the following:

‘‘40125. Overflights of national parks.’’.

22 SEC. 804. ADVISORY GROUP.

23 (a) ESTABLISHMENT.—Not later than 1 year after

24 the date of enactment of this Act, the Administrator and

25 the Director shall jointly establish an advisory group to
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1 provide continuing advice and counsel with respect to com2 mercial air tour operations over and near national parks.

3 (b) MEMBERSHIP.—

4 (1) IN GENERAL.—The advisory group shall be

5 composed of—

6 (A) a balanced group of —

7 (i) representatives of general aviation;

8 (ii) representatives of commercial air

9 tour operators;

10 (iii) representatives of environmental

11 concerns; and

12 (iv) representatives of Indian tribes;

13 (B) a representative of the Federal Avia14 tion Administration; and

15 (C) a representative of the National Park

16 Service.

17 (2) EX OFFICIO MEMBERS.—The Administrator

18 (or the designee of the Administrator) and the Di19 rector (or the designee of the Director) shall serve

20 as ex officio members.

21 (3) CHAIRPERSON.—The representative of the

22 Federal Aviation Administration and the representa23 tive of the National Park Service shall serve alter24 nating 1-year terms as chairman of the advisory

25 group, with the representative of the Federal Avia-
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1 tion Administration serving initially until the end of

2 the calendar year following the year in which the ad3 visory group is first appointed.

4 (c) DUTIES.—The advisory group shall provide ad5 vice, information, and recommendations to the Adminis6 trator and the Director—

7 (1) on the implementation of this title and the

8 amendments made by this title;

9 (2) on commonly accepted quiet aircraft tech10 nology for use in commercial air tour operations over

11 national parks (including tribal lands), which will re12 ceive preferential treatment in a given air tour man13 agement plan;

14 (3) on other measures that might be taken to

15 accommodate the interests of visitors to national

16 parks; and

17 (4) at request of the Administrator and the Di18 rector, safety, environmental, and other issues relat19 ed to commercial air tour operations over a national

20 park (including tribal lands).

21 (d) COMPENSATION; SUPPORT; FACA.—

22 (1) COMPENSATION AND TRAVEL.—Members of

23 the advisory group who are not officers or employees

24 of the United States, while attending conferences or

25 meetings of the group or otherwise engaged in its
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1 business, or while serving away from their homes or

2 regular places of business, may be allowed travel ex3 penses, including per diem in lieu of subsistence, as

4 authorized by section 5703 of title 5, United States

5 Code, for persons in the Government service em6 ployed intermittently.

7 (2) ADMINISTRATIVE SUPPORT.—The Federal

8 Aviation Administration and the National Park

9 Service shall jointly furnish to the advisory group

10 clerical and other assistance.

11 (3) NONAPPLICATION OF FACA.—Section 14 of

12 the Federal Advisory Committee Act (5 U.S.C.

13 App.) does not apply to the advisory group.

14 SEC. 805. REPORTS.

15 (a) OVERFLIGHT FEE REPORT.—Not later than 180

16 days after the date of enactment of this Act, the Adminis17 trator shall transmit to Congress a report on the effects

18 overflight fees are likely to have on the commercial air

19 tour operation industry. The report shall include, but shall

20 not be limited to—

21 (1) the viability of a tax credit for the commer22 cial air tour operators equal to the amount of any

23 overflight fees charged by the National Park Service;

24 and
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1 (2) the financial effects proposed offsets are

2 likely to have on Federal Aviation Administration

3 budgets and appropriations.

4 (b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not

5 later than 2 years after the date of enactment of this Act,

6 the Administrator and the Director shall jointly transmit

7 a report to Congress on the effectiveness of this title in

8 providing incentives for the development and use of quiet

9 aircraft technology.

10 SEC. 806. EXEMPTIONS.

11 This title shall not apply to—

12 (1) any unit of the National Park System lo13 cated in Alaska; or

14 (2) any other land or water located in Alaska.

15 SEC. 807. DEFINITIONS.

16 In this title, the following definitions apply:

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Federal

19 Aviation Administration.

20 (2) DIRECTOR.—The term ‘‘Director’’ means

21 the Director of the National Park Service.

22 TITLE IX—TRUTH IN BUDGETING

23 SEC. 901. SHORT TITLE.

24 This title may be cited as the ‘‘Truth in Budgeting

25 Act’’.
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1 SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR2 WAY TRUST FUND.

3 Notwithstanding any other provision of law, the re4 ceipts and disbursements of the Airport and Airway Trust

5 Fund established by section 9502 of the Internal Revenue

6 Code of 1986—

7 (1) shall not be counted as new budget author8 ity, outlays, receipts, or deficit or surplus for pur9 poses of—

10 (A) the budget of the United States Gov11 ernment as submitted by the President,

12 (B) the congressional budget (including al13 locations of budget authority and outlays pro14 vided therein), or

15 (C) the Balanced Budget and Emergency

16 Deficit Control Act of 1985; and

17 (2) shall be exempt from any general budget

18 limitation imposed by statute on expenditures and

19 net lending (budget outlays) of the United States

20 Government.

21 SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

22 OF AIRPORT AND AIRWAY TRUST FUND.

23 (a) IN GENERAL.—Chapter 471 of title 49, United

24 States Code, is amended by inserting after section 47134

25 the following new section:
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1 ‘‘§ 47135. Safeguards against deficit spending

2 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR3 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

4 March 31 of each year, the Secretary, in consultation with

5 the Secretary of the Treasury, shall estimate—

6 ‘‘(1) the amount which would (but for this sec7 tion) be the unfunded aviation authorizations at the

8 close of the first fiscal year that begins after that

9 March 31, and

10 ‘‘(2) the net aviation receipts at the close of

11 such fiscal year.

12 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

13 AUTHORIZATIONS.—If the Secretary determines for any

14 fiscal year that the amount described in subsection (a)(1)

15 exceeds the amount described in subsection (a)(2), the

16 Secretary shall determine the amount of such excess.

17 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN18 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

19 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

20 Secretary determines that there is an excess referred

21 to in subsection (b) for a fiscal year, the Secretary

22 shall determine the percentage which—

23 ‘‘(A) such excess, is of

24 ‘‘(B) the total of the amounts authorized

25 to be appropriated from the Airport and Airway

26 Trust Fund for the next fiscal year.
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1 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If

2 the Secretary determines a percentage under para3 graph (1), each amount authorized to be appro4 priated from the Airport and Airway Trust Fund for

5 the next fiscal year shall be reduced by such percent6 age.

7 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH8 HELD.—

9 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

10 after a reduction has been made under subsection

11 (c)(2), the Secretary determines that the amount de12 scribed in subsection (a)(1) does not exceed the

13 amount described in subsection (a)(2) or that the ex14 cess referred to in subsection (b) is less than the

15 amount previously determined, each amount author16 ized to be appropriated that was reduced under sub17 section (c)(2) shall be increased, by an equal per18 centage, to the extent the Secretary determines that

19 it may be so increased without causing the amount

20 described in subsection (a)(1) to exceed the amount

21 described in subsection (a)(2) (but not by more than

22 the amount of the reduction).

23 ‘‘(2) APPORTIONMENT.—The Secretary shall

24 apportion amounts made available for apportionment

25 by paragraph (1).
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1 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap2 portioned under paragraph (2) shall remain available

3 for the period for which they would be available if

4 such apportionment took effect with the fiscal year

5 in which they are apportioned under paragraph (2).

6 ‘‘(e) REPORTS.—Any estimate under subsection (a)

7 and any determination under subsection (b), (c), or (d)

8 shall be reported by the Secretary to Congress.

9 ‘‘(f) DEFINITIONS.—For purposes of this section, the

10 following definitions apply:

11 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

12 aviation receipts’ means, with respect to any period,

13 the excess of—

14 ‘‘(A) the receipts (including interest) of the

15 Airport and Airway Trust Fund during such

16 period, over

17 ‘‘(B) the amounts to be transferred during

18 such period from the Airport and Airway Trust

19 Fund under section 9502(d) of the Internal

20 Revenue Code of 1986 (other than paragraph

21 (1) thereof).

22 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

23 The term ‘unfunded aviation authorization’ means,

24 at any time, the excess (if any) of—
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1 ‘‘(A) the total amount authorized to be ap2 propriated from the Airport and Airway Trust

3 Fund which has not been appropriated, over

4 ‘‘(B) the amount available in the Airport

5 and Airway Trust Fund at such time to make

6 such appropriation (after all other unliquidated

7 obligations at such time which are payable from

8 the Airport and Airway Trust Fund have been

9 liquidated).’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 471 of title 49, United States Code, is amended

12 by inserting after the item relating to section 47134 the

13 following:

‘‘47135. Safeguards against deficit spending.’’.

14 SEC. 904. APPLICABILITY.

15 This title (including the amendments made by this

16 Act) shall apply to fiscal years beginning after September

17 30, 1999.

18 TITLE X—AVIATION SPENDING

19 GUARANTEE

20 SEC. 1001. DISCRETIONARY SPENDING CATEGORIES.

21 (a) ESTABLISHMENT OF SEPARATE CATEGORIES.—

22 Section 251(c) of the Balanced Budget and Emergency

23 Deficit Control Act of 1985 is amended as follows:

24 (1) FY 2000.—In paragraph (4), strike ‘‘and’’

25 at the end of subparagraph (C), insert ‘‘and’’ at the
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1 end of subparagraph (D), and after subparagraph

2 (D) add the following new subparagraph:

3 ‘‘(E) for the traditional aviation general

4 fund share category: $4,580,000,000 in budget

5 authority and outlays flowing therefrom;’’.

6 (2) FY 2001.—In paragraph (5), strike ‘‘and’’

7 at the end of subparagraph (B), insert ‘‘and’’ at the

8 end of subparagraph (C), and after subparagraph

9 (C) add the following new subparagraph:

10 ‘‘(D) for the traditional aviation general

11 fund share category: $4,914,000,000 in budget

12 authority and outlays flowing therefrom;’’.

13 (3) FY 2002.—In paragraph (6), strike ‘‘and’’

14 at the end of subparagraph (B), insert ‘‘and’’ at the

15 end of subparagraph (C), and after subparagraph

16 (C) add the following new subparagraph:

17 ‘‘(D) for the traditional aviation general

18 fund share category: $5,375,000,000 in budget

19 authority and outlays flowing therefrom;’’.

20 (4) FY 2003.—In paragraph (7), strike ‘‘and’’

21 at the end of subparagraph (A), insert ‘‘and’’ at the

22 end of subparagraph (B), and after subparagraph

23 (B) add the following new subparagraph:
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1 ‘‘(C) for the traditional aviation general

2 fund share category: $5,772,000,000 in budget

3 authority and outlays flowing therefrom;’’.

4 (5) FY 2004.—After paragraph (7), add the

5 following new paragraph:

6 ‘‘(8) with respect to fiscal year 2004, for the

7 traditional aviation general fund share category:

8 $6,102,000,000 in budget authority and outlays

9 flowing therefrom;’’.

10 (6) ADJUSTMENT OF TRADITIONAL AVIATION

11 GENERAL FUND SHARE CATEGORY.—Section 251(b)

12 of the Balanced Budget and Emergency Deficit Con13 trol Act of 1985 is amended by adding at the end

14 the following new paragraph:

15 ‘‘(3) ADJUSTMENT OF TRADITIONAL AVIATION

16 GENERAL FUND SHARE CATEGORY.—The traditional

17 aviation general fund share category shall be ad18 justed each year to equal 30 percent of the FAA

19 guaranteed spending level for budget resources set

20 forth in section 48302 of title 49, United States

21 Code.’’.

22 (b) OFFSETTING ADJUSTMENT IN DISCRETIONARY

23 SPENDING LIMITS.—

24 (1) ADJUSTMENT OF DISCRETIONARY CAT25 EGORY FOR FISCAL YEAR 2000.—The discretionary
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1 spending limits set forth in section 251(c)(4)(A) of

2 the Balanced Budget and Emergency Deficit Control

3 Act of 1985, as adjusted in conformance with sec4 tion 251(b) of that Act, is reduced by

5 $1,455,000,000 in new budget authority and

6 $1,484,000,000 in outlays.

7 (2) ADJUSTMENT OF DISCRETIONARY CAT8 EGORY FOR FISCAL YEAR 2001.—The discretionary

9 spending limits set forth in section 251(c)(5)(A) of

10 the Balanced Budget and Emergency Deficit Control

11 Act of 1985, as adjusted in conformance with sec12 tion 251(b) of that Act, is reduced by

13 $1,455,000,000 in new budget authority and

14 $1,460,000,000 in outlays.

15 (3) ADJUSTMENT OF DISCRETIONARY CAT16 EGORY FOR FISCAL YEAR 2002.—The discretionary

17 spending limits set forth in section 251(c)(6)(A) of

18 the Balanced Budget and Emergency Deficit Control

19 Act of 1985, as adjusted in conformance with sec20 tion 251(b) of that Act, is reduced by

21 $1,455,000,000 in new budget authority and

22 $1,455,000,000 in outlays.

23 (c) DEFINITION OF TRADITIONAL AVIATION GEN24 ERAL FUND SHARE CATEGORY.—Section 250(c)(4) of the

25 Balanced Budget and Emergency Deficit Control Act of
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1 1985 is amended by adding at the end the following new

2 subparagraph:

3 ‘‘(E) The term ‘traditional aviation general

4 fund share category’ refers to the general funds por5 tion of the Federal Aviation Administration oper6 ation account (69–1301–0–1–402), consisting of an

7 amount equal to 30 percent of the FAA guaranteed

8 spending levels for budget resources set forth in sec9 tion 48302 of title 49, United States Code, as ad10 justed.’’.

11 (d) ENFORCEMENT OF GUARANTEE.—Rule XXI of

12 the Rules of the House of Representatives is amended by

13 adding at the end the following new clause:

14 ‘‘6. It shall not be in order to consider a bill, joint

15 resolution, amendment, or conference report that would

16 cause total budget authority and obligation limitations for

17 the Federal Aviation Administration to be below the FAA

18 guaranteed spending level for budget resources set forth

19 in section 48302 of title 49, United States Code, as ad20 justed, for any fiscal year.’’.

21 SEC. 1002. BUDGET ESTIMATES.

22 Upon the enactment of this Act, the Director of the

23 Office of Management and Budget shall not make any es24 timates under section 252(d) of the Balanced Budget and

25 Emergency Deficit Control Act of 1985 of changes in di-
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1 rect spending outlays and receipts for any fiscal year re2 sulting from this title.

3 SEC. 1003. GUARANTEED EXPENDITURE OF AVIATION REV4 ENUE.

5 (a) IN GENERAL.—Part C of subtitle VII is amended

6 by adding at the end the following:

7 ‘‘CHAPTER 483—GUARANTEED EXPENDITURES

‘‘Sec.

‘‘48301. Definitions.

‘‘48302. Guaranteed expenditure of aviation revenues.

‘‘48303. Revenue aligned budget authority.

‘‘48304. Enforcement of FAA guaranteed spending levels.

‘‘48305. Estimated aviation income.

8 ‘‘§ 48301. Definitions

9 ‘‘In this chapter, the following definitions apply:

10 ‘‘(1) BASE YEAR.—The term ‘base year’ means

11 the second fiscal year before the fiscal year for

12 which the calculation is being made.

13 ‘‘(2) BUDGET RESOURCES.—The term ‘budget

14 resources’ means an amount equal to the sum of dis15 cretionary budget authority and obligation limita16 tions.

17 ‘‘(3) AIP PROGRAM.—The term ‘AIP program’

18 means the programs for which amounts are made

19 available under section 48103.

20 ‘‘(4) AVIATION INCOME.—The term ‘aviation in21 come’ means the tax receipts credited to the Airport

22 and Airway Trust Fund established under section
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1 9502 of the Internal Revenue Code of 1986 and any

2 interest attributable to the Fund.

3 ‘‘§ 48302. Guaranteed expenditure of aviation reve4 nues

5 ‘‘(a) IN GENERAL.—For the purposes of this chapter

6 and rule XXI of the Rules of the House of Representa7 tives, the FAA guaranteed spending level for budget re8 sources is the level specified for the fiscal year in sub9 section (b), as adjusted by subsection (c).

10 ‘‘(b) FAA GUARANTEED SPENDING LEVELS FOR

11 BUDGET RESOURCES.—The FAA guaranteed spending

12 levels for budget resources are as follows:

13 ‘‘(1) $15,267,000,000 for fiscal year 2000.

14 ‘‘(2) $16,379,000,000 for fiscal year 2001.

15 ‘‘(3) $17,917,000,000 for fiscal year 2002.

16 ‘‘(4) $19,241,000,000 for fiscal year 2003.

17 ‘‘(5) $20,339,000,000 for fiscal year 2004.

18 ‘‘(c) ADJUSTMENT TO ALIGN AVIATION SPENDING

19 WITH REVENUES.—When the President submits a budget

20 for fiscal year 2002, and each fiscal year thereafter, under

21 section 1105 of title 31, United States Code, the Director

22 of the Office of Management and Budget shall calculate

23 and the budget shall include adjustments in the FAA

24 guaranteed spending level for budget resources for such

25 fiscal year as follows:
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1 ‘‘(1) If the actual level of aviation income for

2 the base year is greater than the estimated aviation

3 income level specified in section 48305 for the base

4 year, increase the FAA guaranteed spending limit

5 for budget resources for such fiscal year by the

6 amount of the excess.

7 ‘‘(2) If the actual level of aviation income for

8 the base year is less than the estimated aviation in9 come level specified in section 48305 for the base

10 year, decrease the FAA guaranteed spending limit

11 for budget resources for such fiscal year by the

12 amount of the reduction.

13 ‘‘§ 48303. Revenue aligned budget authority

14 ‘‘(a) DETERMINATION OF AMOUNT.—On the effective

15 date of an annual appropriations Act providing budget re16 sources for the Federal Aviation Administration, the Sec17 retary shall allocate to the AIP program an amount of

18 contract authority equal to any excess determined pursu19 ant to section 48302(c)(1).

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated from the Airport and

22 Airway Trust Fund established under section 9502 of the

23 Internal Revenue Code of 1986 such sums as may be nec24 essary to carry out this section for fiscal year 2002 and

25 each fiscal year thereafter.
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1 ‘‘§ 48304. Enforcement of FAA guaranteed spending

2 levels

3 ‘‘(a) DETERMINATION OF AMOUNT.—On the effective

4 date of an annual appropriations Act providing budget re5 sources for a fiscal year beginning after September 30,

6 1999, for the Federal Aviation Administration, the Sec7 retary shall allocate to the AIP program—

8 ‘‘(1) any additional amount of contract author9 ity for the fiscal year necessary to ensure that the

10 total amount of contract authority available for the

11 AIP program is equal to the sum of the obligation

12 limitations provided for such program in the appro13 priations Act; and

14 ‘‘(2) any additional amount of contract author15 ity for the fiscal year necessary to ensure that the

16 sum of—

17 ‘‘(A) the total amount of contract author18 ity available for the AIP program; and

19 ‘‘(B) the budget resources provided for the

20 programs for which amounts are made available

21 under sections 106(k), 48101(a), 48102, and

22 48112,

23 equals the FAA guaranteed spending levels for

24 budget resources for that fiscal year.

25 ‘‘(b) INCURRING OBLIGATIONS.—The Secretary may

26 incur obligations to make grants from amounts allocated
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1 under subsection (a) as soon as the amounts are so allo2 cated.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated from the Airport and

5 Airway Trust Fund established under section 9502 of the

6 Internal Revenue Code of 1986 such sums as may be nec7 essary to carry out this section for fiscal year 2000 and

8 each fiscal year thereafter.

9 ‘‘§ 48305. Estimated aviation income

10 ‘‘For purposes of section 48302(c), the estimated

11 aviation income levels are as follows:

12 ‘‘(1) $10,097,000,000 for fiscal year 2000.

13 ‘‘(2) $10,666,000,000 for fiscal year 2001.

14 ‘‘(3) $11,442,000,000 for fiscal year 2002.

15 ‘‘(4) $12,043,000,000 for fiscal year 2003.

16 ‘‘(5) $12,657,000,000 for fiscal year 2004.’’.

17 (b) CONFORMING AMENDMENT.—The table of chap18 ters for subtitle VII of such title is amended by inserting

19 after the item relating to chapter 482 the following:

‘‘483. GUARANTEED EXPENDITURES ............................................. 48301’’.

Æ