II

106TH CONGRESS

1ST SESSION S. 545

To amend title 49, United States Code, to authorize appropriations for

the Federal Aviation Administration for fiscal years 1999, 2000, 2001,

2002, 2003, and 2004 and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1999

Mr. HOLLINGS by request (for himself and Mr. ROCKEFELLER) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for

fiscal years 1999, 2000, 2001, 2002, 2003, and 2004

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 SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Federal Aviation Administration Authorization Act of

6 1999’’.

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. Effective date.

TITLE I—AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.

Sec. 102. Air navigation facilities.

Sec. 103. Research, engineering and development.

Sec. 104. Airport planning and development and noise compatibility planning

and programs.

Sec. 105. Airport and Airway Trust Fund audits.

TITLE II—AMENDMENTS TO AVIATION LAW

Sec. 201. Severable services contracts for periods crossing fiscal years.

Sec. 202. Airport Noise and Capacity Act Amendments.

Sec. 203. Government and industry consortia.

Sec. 204. Passenger facility fees.

Sec. 205. Implementation of Article 83 bis of the Chicago Convention.

Sec. 206. User funding of the Federal Aviation Administration.

Sec. 207. Cost recovery for foreign aviation services and clarification of overflight fee authority.

Sec. 208. Flexibility to perform criminal history record checks; technical

amendments to Pilot Records Improvement Act of 1996.

Sec. 209. Extension of aviation insurance program.

Sec. 210. Technical correction to civil penalty provision.

Sec. 211. Improvements to air navigation facilities.

Sec. 212. Whistleblower protection for FAA employees; Hatch Act enforcement;

Federal Procurement Integrity Act; merit system principles.

Sec. 213. Federal Aviation Administration personnel management system.

Sec. 214. Transitional user fee authority.

Sec. 215. Amendment of statute prohibiting the bringing of hazardous substances aboard an aircraft.

Sec. 216. Airport Security Program.

Sec. 217. Essential Air Service.

Sec. 218. FAA may fine unruly passengers.

Sec. 219. Delegation of authority for cargo inspections.

Sec. 220. Amendment of statute prohibiting piloting an aircraft without a valid

airman’s certificate.

TITLE III—AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 301. Removal of the cap on discretionary fund.

Sec. 302. Innovative use of airport grant funds.

Sec. 303. Matching share for state block grant program.

Sec. 304. Increase in apportionment for, and flexibility of, noise compatibility

planning and programs.

Sec. 305. Increase in state apportionment.

Sec. 306. Discretionary use of unused apportionments.

Sec. 307. Pavement maintenance.

Sec. 308. Preservation of primary apportionments when air service is temporarily interrupted.

Sec. 309. Limitation on project eligibility at large and medium airports.

Sec. 310. Public notice before grant assurance waived.

Sec. 311. Intermodal planning.
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Sec. 312. Airport improvements to increase rural access to the air transportation system.

Sec. 313. Military airports.

Sec. 314. Letters of intent.

Sec. 315. Technical amendments.

TITLE IV—COMMERCIAL SPACE TRANSPORTATION AMENDMENTS

Sec. 401. Commercial Space Transportation Authorization.

Sec. 402. Repeal of requirement for uniform guidelines for acquisition of surplus property.

Sec. 403. Extension of payment of excess claims authority for a commercial

space launch and reentry.

TITLE V—PERFORMANCE BASED ORGANIZATION FOR AIR

TRAFFIC SERVICES

Sec. 501. Establishment of Performance Based Organization.

Sec. 502. Relationship of ATS and the Administrator.

Sec. 503. Five-year evaluation.

Sec. 504. Fees for air traffic service.

Sec. 505. Financing a performance based organization for air traffic services.

Sec. 506. Adjustment of certain aviation excise taxes.

TITLE VI—FAMILY ASSISTANCE

Sec. 601. Responsibilities of National Transportation Safety Board.

Sec. 602. Air carrier plans.

Sec. 603. Foreign air carrier plans.

Sec. 604. Applicability of Death on the High Seas Act.

TITLE VII—PASSENGER SERVICE AVAILABILITY; MAIL RATES

Sec. 701. Non-discrimination in airline travel.

Sec. 702. Airline service restoration pilot program.

Sec. 703. Waiver of local contribution.

Sec. 704. Joint fares and interline agreements.

Sec. 705. Policy for air service to rural areas.

Sec. 706. Clarification of air carrier code-sharing obligations.

Sec. 707. Repeal of mail rate-setting authority.

Sec. 708. Access to High Density Airports.

TITLE VIII—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

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

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

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

Sec. 804. Savings provision.

Sec. 805. National ocean survey.

Sec. 806. National Oceanic and Atmospheric Administration: nautical and aeronautical products, sale and distribution.

TITLE IX—WHISTLEBLOWER PROTECTION

Sec. 901. Protection of employees providing air safety information.

Sec. 902. Civil penalty.
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TITLE X—NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 1001. Short title.

Sec. 1002. Findings.

Sec. 1003. Air tour management plans for national parks.

Sec. 1004. Advisory group.

Sec. 1005. Reports.

Sec. 1006. Exemptions.

Sec. 1007. Definitions.

TITLE XI—TITLE 49 TECHNICAL CORRECTIONS

Sec. 1101. Restatement of 49 U.S.C. 106(g).

Sec. 1102. Restatement of 49 U.S.C. 46306.

Sec. 1103. Restatement of 49 U.S.C. 44909.

Sec. 1104. Restatement of 49 U.S.C. 46301(a).

Sec. 1105. Restatement of 49 U.S.C. 47122(b).

TITLE XII—PREVENTION OF FRAUD INVOLVING AIRCRAFT OR

SPACE VEHICLE PARTS

Sec. 1201. Short title.

Sec. 1202. Prevention of frauds involving aircraft or space vehicle parts in

interstate or foreign commerce.

Sec. 1203. Related amendments to other sections of title 18.

TITLE XIII—INTERNAL REVENUE CODE AMENDMENTS

Sec. 1301. Amendments to the Airport and Airway Trust Fund.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

5 provision, the reference shall be considered to be made to

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

7 Code.

8 SEC. 3. EFFECTIVE DATE.

9 Except as otherwise expressly provided, this Act and

10 the amendments made by this Act shall be effective on

11 the date of enactment.
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1 TITLE I—AUTHORIZATIONS

2 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER3 ATIONS.

4 Section 106(k) is amended to read as follows:

5 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OP6 ERATIONS.—

7 ‘‘(1) There is authorized to be appropriated to

8 the Secretary of Transportation for operations of the

9 Administration $6,039,000,000 for fiscal year 2000,

10 and such sums as necessary for fiscal years 2001,

11 2002, 2003 and 2004.

12 ‘‘(2) Of the amounts authorized by this sub13 section, not more than $9,100,000 for the 3-fiscal14 year period beginning with fiscal year 2001 shall be

15 used to support a university consortium established

16 to provide an air safety and security management

17 certificate program, working cooperatively with the

18 Federal Aviation Administration and United States

19 air carriers. Funds authorized under this

20 paragraph—

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

22 of a building or other facility;

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

24 competition; and
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1 ‘‘(C) may not constitute more than a 50-

2 percent share of the total costs of the consor3 tium.’’.

4 SEC. 102. AIR NAVIGATION FACILITIES.

5 Section 48101(a) is amended by inserting the follow6 ing at the end:

7 ‘‘(3) $2,319,000,000 for fiscal year 2000.

8 ‘‘(4) such sums as necessary for fiscal years

9 2001, 202, 2003 and 2004.’’.

10 SEC. 103. RESEARCH, ENGINEERING AND DEVELOPMENT.

11 Section 48102(a) is amended—

12 (1) by striking paragraphs (1) through (4) and

13 redesignating paragraph (5) as paragraph (1); and

14 (2) by inserting the following:

15 ‘‘(2) $173,000,000 for fiscal year 2000.

16 ‘‘(3) such sums as necessary for fiscal years

17 2001, 2002, 2003, and 2004.’’.

18 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND

19 NOISE COMPATIBILITY PLANNING AND PRO20 GRAMS.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

22 48103 is amended—

23 (1) by inserting ‘‘newly’’ before ‘‘available’’;

24 (2) by striking ‘‘$1,205,000,000’’ and all that

25 follows through the period at the end and inserting
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1 the following: ‘‘$2,410,000,000 for fiscal years end2 ing before October 1, 1999, $1,600,000,000 for fis3 cal years ending before October 1, 2000,

4 $1,600,000,000 for fiscal years ending before Octo5 ber 1, 2001, $1,600,000,000 for fiscal years ending

6 before October 1, 2002, $1,600,000,000 for fiscal

7 years ending before October 1, 2003, and

8 $1,600,000,000 for fiscal years ending before Octo9 ber 1, 2004.’’.

10 (b) PROJECT GRANT AUTHORITY.—Section 47104(c)

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

12 ‘‘September 30, 2004’’.

13 SEC. 105. AIRPORT AND AIRWAY TRUST FUND AUDITS.

14 (a) AUTHORIZATION.—Chapter 481 is amended by

15 adding at the end a new section as follows:

16 ‘‘§ 48112. Airport and Airway Trust Fund audits

17 ‘‘For fiscal years beginning after September 30,

18 2000, there is authorized to be appropriated from the Air19 port and Airway Trust Fund established under section

20 9502 of the Internal Revenue Code of 1986 (26 U.S.C.

21 9502), to remain available until expended, to the Secretary

22 of Transportation such sums as necessary for the Office

23 of Inspector General for the conduct of annual audits of

24 financial statements of the Federal Aviation Administra25 tion required by 31 U.S.C. 3521.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis of

2 chapter 481 is amended by inserting at the end the follow3 ing:

‘‘§ 48112. Airport and Airway Trust Fund audits.’’.

4 TITLE II—AMENDMENTS TO

5 AVIATION LAW

6 SEC. 201. SEVERABLE SERVICES CONTRACTS FOR PERIODS

7 CROSSING FISCAL YEARS.

8 (a) Chapter 401 is amended by adding the following

9 new section:

10 ‘‘§ 40125. Severable services contracts for periods

11 crossing fiscal years

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

13 Aviation Administration may enter into a contract for pro14 curement of severable services for a period that begins in

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

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

17 the contract period does not exceed one year.

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

19 for a fiscal year may be obligated for the total amount

20 of a contract entered into under the authority of sub21 section (a) of this section.’’.

22 (b) CONFORMING AMENDMENT.—The analysis of

23 chapter 401 is amended by inserting the following at the

24 end:

‘‘40125. Severable services contracts for periods crossing fiscal years.’’.
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1 SEC. 202. AIRPORT NOISE AND CAPACITY ACT AMEND2 MENTS.

3 (a) FOREIGN CARRIERS ELIGIBLE FOR WAIVER.—

4 Section 47528(b)(1) is amended in the first sentence by

5 inserting ‘‘or foreign air carrier’’ after ‘‘air carrier’’ and

6 after ‘‘carrier’’ the first time each appears.

7 (b) EXEMPTION FOR AIRCRAFT MODIFICATION OR

8 DISPOSAL.—Section 47528 is amended—

9 (1) by inserting ‘‘or (f)’’ after ‘‘(b)’’ in sub10 section (a); and

11 (2) by inserting a new subsection at the end as

12 follows:

13 ‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After

14 December 31, 1999, the Secretary may provide a proce15 dure under which a person may operate a Stage 1 or Stage

16 2 airplane in nonrevenue service to or from an airport in

17 the United States in order to:

18 ‘‘(1) sell the aircraft outside the United States;

19 ‘‘(2) sell the aircraft for scrapping; or

20 ‘‘(3) obtain modifications to the aircraft to meet

21 Stage 3 noise levels.’’.

22 SEC. 203. GOVERNMENT AND INDUSTRY CONSORTIA.

23 Section 44903 is amended by adding the following

24 new subsection at the end:

25 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—

26 The Administrator may establish at individual airports
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1 such consortia of government and aviation industry rep2 resentatives as the Administrator may designate to pro3 vide advice on matters related to aviation security and

4 safety. Such consortia shall not be considered federal advi5 sor committees.’’.

6 SEC. 204. PASSENGER FACILITY FEES.

7 (a) PFC INCREASE.—Secion 40117 is amended—

8 (1) in paragraph (b)(1) by striking ‘‘or $3’’ and

9 substituting ‘‘$3, $4, or $5’’; and

10 (2) by inserting the following at the end:

11 ‘‘(j) FEES OF MORE THAN $4.—

12 ‘‘(1) When submitting an application for a pas13 senger facility fee under this section of more than

14 $4, an eligible agency shall separately submit to the

15 Secretary the written competition plan specified by

16 paragraph (2) if the application is for a primary

17 airport—

18 ‘‘(A) having at least 1 percent of the total

19 number of passenger boardings each year at all

20 commercial service airports, and

21 ‘‘(B) at which more than 50 percent of the

22 total number of passenger boardings each year

23 is by a single air carrier and its regional affili24 ates.
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1 ‘‘(2) As specified by paragraph (1), an eligible

2 agency shall submit a written competition plan for

3 the airport, including the availability of airport gates

4 and related facilities, leasing and sub-leasing ar5 rangements, gate-use requirements, patterns of air

6 service, gate-assignment policy, financial constraints,

7 airport controls over air- and ground-side capacity,

8 whether the airport intends to build or acquire gates

9 that would be used as common facilities, and airfare

10 levels compared to other large airports.

11 ‘‘(3) The Secretary shall, within the time limit

12 established by subsection (c)(3), review the descrip13 tion and plan submitted under this subsection to de14 termine whether the current and projected competi15 tion factors at the airport, as described, are likely to

16 contribute to the policy objectives of increased com17 petition between and among passenger air carriers.

18 If the Secretary determines that the submitted plan

19 fails to address needs for increased competition at

20 the airport, the Secretary shall disapprove the impo21 sition of a fee of more than $4 on the basis of com22 petition factors.

23 ‘‘(k) SURFACE TRANSPORTATION PROJECTS.—The

24 Secretary may approve an application by an eligible agen25 cy for a surface transportation project to improve access
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1 to an airport having at least .25 percent of the total num2 ber of passenger boardings each year at all commercial

3 service airports, under this section only if the Secretary

4 finds that the eligible agency has made adequate provision

5 for financing safety, security and capacity needs of the

6 airport.

7 ‘‘(l) PROJECT COST SHARING.—In order to carry out

8 the policy of section 47101(a)(5) of this title, the Sec9 retary may approve an application under this section by

10 an eligible agency to participate in a cost-sharing agree11 ment with one or more eligible surface transportation

12 agencies for a surface transportation project under title

13 23 or chapter 53 of title 49, United States Code, if the

14 Secretary finds that—

15 ‘‘(1) the eligible agency or an eligible surface

16 transportation agency participating in the project

17 will hold good title to property used for the project,

18 and the eligible agency will own or operate the

19 project;

20 ‘‘(2) use of passenger facility fees is limited to

21 capital costs for new construction of a facility or for

22 acquisition of equipment;

23 ‘‘(3) the project is directly and substantially re24 lated to the air transportation of passengers and

25 property;
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1 ‘‘(4) the project is consistent with the transpor2 tation improvement program developed in accord3 ance with sections 134 and 135 of title 23 or section

4 5304 of title 49, United States Code, to address doc5 umented surface congestion problems that directly

6 and significantly affect airport access, or the project

7 is incidental to an otherwise justified surface trans8 portation project but provides substantially improved

9 direct access to an airport;

10 ‘‘(5) the subsection will be administered by the

11 Secretary in accordance with the requirements of

12 title 23 or chapter 53 of title 49, United States

13 Code, applicable to the project;

14 ‘‘(6) the proportion of the total cost of the

15 project contributed by the eligible agency under this

16 section shall not exceed the proportion of the direct

17 aviation-related use of the facility compared to the

18 total use of the facility as determined by the Sec19 retary;

20 ‘‘(7) there is an opportunity for public comment

21 on the project, particularly by airport users, con22 cerning the transportation, social, economic, and en23 vironmental effects of the project; and

24 ‘‘(8) the agreement meets any other conditions

25 required by the Secretary.’’.
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1 (b) REDUCTION IN ENTITLEMENT FUNDS.—Section

2 47114(f) is amended—

3 (1) by inserting a paragraph designator ‘‘(1)’’

4 before ‘‘An’’;

5 (2) by striking ‘‘reduced by’’ and all that fol6 lows and substituting the following: ‘‘reduced by—

7 ‘‘(A) an amount equal to 50 percent of the

8 projected revenues from the fee in the fiscal

9 year but not by more than 50 percent of the

10 amount that otherwise would be apportioned

11 under this section, if the sponsor has imposed

12 a passenger facility fee of $1, $2, or $3 in the

13 fiscal year; or

14 ‘‘(B) an amount equal to 100 percent of

15 the amount that would otherwise be appor16 tioned to the sponsor under this section, if the

17 sponsor has imposed a passenger facility fee of

18 $4 or $5 in the fiscal year.’’; and

19 (3) by inserting a new paragraph at the end as

20 follows:

21 ‘‘(2) A reduction in apportionment required by

22 paragraphs (1)(A) or (1)(B) of this subsection shall

23 not take effect until the first fiscal year following

24 the year in which the collection of a fee imposed

25 under section 40117 of this title is begun.’’.
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1 SEC. 205. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

2 CHICAGO CONVENTION.

3 Section 44701 is amended by—

4 (1) redesignating subsection (e) as subsection

5 (f); and

6 (2) inserting following subsection (d) a new

7 subsection (e) as follows:

8 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER9 SIGHT RESPONSIBILITIES.

10 ‘‘(1) Notwithstanding the provisions of this

11 chapter, and pursuant to Article 83 bis of the Con12 vention on International Civil Aviation, the Adminis13 trator may, by a bilateral agreement with the aero14 nautical authorities of another country, exchange

15 with that country all or part of their respective func16 tions and duties with respect to aircraft described in

17 subparagraphs (A) and (B), under the following ar18 ticles of the Convention: Article 12 (Rules of the

19 Air); Article 31 (Certificates of Airworthiness); or

20 Article 32a (Licenses of Personnel). Such agreement

21 may apply to—

22 ‘‘(A) aircraft registered in the United

23 States operated pursuant to an agreement for

24 the lease, charter, or interchange of the aircraft

25 or any similar arrangement by an operator that

26 has its principal place of business or, if it has
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1 no such place of business, its permanent resi2 dence in another country; or

3 ‘‘(B) aircraft registered in a foreign coun4 try operated under an agreement for the lease,

5 charter, or interchange of the aircraft or any

6 similar arrangement by an operator that has its

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

8 place of business, its permanent residence in

9 the United States.

10 ‘‘(2) The Administrator relinquishes responsibil11 ity with respect to the functions and duties trans12 ferred by the Administrator as specified in the bilat13 eral agreement, under the Articles listed in para14 graph (1) of this subsection for United States-reg15 istered aircraft transferred abroad as described in

16 subparagraph (1)(A) of this subsection, and accepts

17 responsibility with respect to the functions and du18 ties under those Articles for aircraft registered

19 abroad that are transferred to the United States as

20 described in subparagraph (1)(B) of this subsection.

21 ‘‘(3) The Administrator may, in the agreement,

22 predicate the transfer of these functions and duties

23 on any conditions the Administrator deems nec24 essary and prudent.’’.
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1 SEC. 206. USER FUNDING OF THE FEDERAL AVIATION AD2 MINISTRATION.

3 Section 48104(a) is amended—

4 (1) in paragraph (1), by striking ‘‘; and’’ and

5 substituting ‘‘;’’;

6 (2) in paragraph (2), by striking the period at

7 the end and substituting ‘‘; and’’; and

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

9 ‘‘(3) any cost incurred by the Federal Aviation

10 Administration after September 30, 1999, that is

11 authorized by law.’’.

12 SEC. 207. COST RECOVERY FOR FOREIGN AVIATION SERV13 ICES AND CLARIFICATION OF OVERFLIGHT

14 FEE AUTHORITY.

15 Section 45301 is amended—

16 (1) in paragraph (a)(2), by inserting ‘‘or to any

17 entity obtaining services outside the United States’’

18 before the period; and

19 (2) in subparagraph (b)(1)(B) by—

20 (A) striking ‘‘directly’’; and

21 (B) striking the period after ‘‘rendered’’

22 and inserting the phrase ‘‘, including both di23 rect and indirect costs, as determined by the

24 Administrator, using generally accepted ac25 counting principles and internationally accepted

26 economic principles.’’.
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1 SEC. 208. FLEXIBILITY TO PERFORM CRIMINAL HISTORY

2 RECORD CHECKS; TECHNICAL AMENDMENTS

3 TO PILOT RECORDS IMPROVEMENT ACT OF

4 1996.

5 Section 44936 is amended—

6 (1) in subsection (a)(1)(B), by striking ‘‘de7 scribed in subparagraph (C)’’ and inserting ‘‘the Ad8 ministrator decides is necessary to ensure air trans9 portation security’’;

10 (2) by striking subsection (a)(1)(C);

11 (3) in subsection (a)(1)(D), by striking ‘‘(C)’’

12 and inserting ‘‘(B)’’ and by redesignating subsection

13 (a)(1)(D) as subsection (a)(1)(C);

14 (4) in subsection (f)(1)(B) by inserting ‘‘(except

15 a branch of the United States Armed Forces, the

16 National Guard, a reserve component of the United

17 States Armed Forces, or the National Aeronautics

18 and Space Administration)’’ after ‘‘person’’ the first

19 place it appears;

20 (5) in subsection (f)(1)(B)(ii), by striking ‘‘indi21 vidual’’ and inserting ‘‘individual’s performance as a

22 pilot’’;

23 (6) in subsection (f)(4), by striking ‘‘and

24 (1)(B)’’ and inserting ‘‘, (1)(B) and (2)(A)’’;

25 (7) in subsection (f)(5), by striking the period

26 in the first sentence and inserting ‘‘, except that the
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1 Administrator may allow, under terms established by

2 the Administrator, a designated individual to accept

3 the written consent on behalf of the Administrator.’’;

4 (8) in subparagraph (f)(14)(B) by inserting ‘‘or

5 from a foreign government or entity that employed

6 the individual’’ after ‘‘exists,’’; and

7 (9) in subsection (f), by adding a new sub8 section as follows:

9 ‘‘(15) ELECTRONIC ACCESS TO FAA

10 RECORDS.—For the purpose of increasing timely and

11 efficient access to Federal Aviation Administration

12 records described in subsection (f)(1) of this section,

13 the Administrator may allow, under terms estab14 lished by the Administrator, a designated individual

15 to have electronic access to a specified data base

16 containing information about such records.’’.

17 SEC. 209. EXTENSION OF AVIATION INSURANCE PROGRAM.

18 Section 44310 is amended by striking ‘‘March 31,

19 1999’’ and substituting ‘‘December 31, 2004’’.

20 SEC. 210. TECHNICAL CORRECTION TO CIVIL PENALTY

21 PROVISION.

22 Section 46301 is amended—

23 (1) in subparagraph (d)(7)(A) by striking ‘‘indi24 vidual’’ the first time it appears and substituting

25 ‘‘person’’; and
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1 (2) in subsection (g) by inserting ‘‘or the Ad2 ministrator’’ after ‘‘Secretary’’.

3 SEC. 211. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

4 Section 44502(a) is amended by adding a new para5 graph (5) at the end to read as follows:

6 ‘‘(5) The Administrator may improve real prop7 erty leased for air navigation facilities when the im8 provements primarily benefit the government, are es9 sential for mission accomplishment, and the govern10 ment’s interest in the improvements is protected.

11 Such improvements may be made without regard to

12 the cost of the improvements in relation to the cost

13 of the lease.’’.

14 SEC. 212. WHISTLEBLOWER PROTECTION FOR FAA EM15 PLOYEES; HATCH ACT ENFORCEMENT; FED16 ERAL PROCUREMENT INTEGRITY ACT; MERIT

17 SYSTEM PRINCIPLES.

18 (a) WHISTLEBLOWER PROTECTION.—Section

19 347(b)(1) of Public Law 104–50 (49 U.S.C. 106, note)

20 is amended by striking ‘‘protection;’’ and inserting ‘‘pro21 tection, including the provisions for investigations and en22 forcement as provided in chapter 12 of title 5, United

23 States Code;’’.

24 (b) HATCH ACT ENFORCEMENT.—Section 347(b)(5)

25 of the Department of Transportation and Related Agen-
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1 cies Appropriations Act, 1996 (49 U.S.C. 106 note; 109

2 Stat. 460) is amended by inserting before the semicolon

3 at the end the following: ‘‘, including the provisions for

4 investigation and enforcement as provided in chapter 12

5 of title 5, United States Code concerning subchapter III—

6 Political Activities’’.

7 (c) FEDERAL PROCUREMENT INTEGRITY ACT.—Sec8 tion 348(b)(2) of the Department of Transportation and

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

10 40110 note; 109 Stat. 460) is amended by striking the

11 period and inserting the following: ‘‘, except for 41 U.S.C.

12 423; provided that subparagraphs (f) and (g) of section

13 423 shall not apply to the Federal Aviation Administra14 tion’s Acquisition Management System; provided further

15 that within 90 days following enactment of the Federal

16 Aviation Administration Authorization Act of 1999, the

17 Administrator of the Federal Aviation Administration

18 shall adopt definitions for its Acquisition Management

19 System that are consistent with the purpose and intent

20 of this section and that will allow the fully application of

21 the criminal, civil and administrative remedies provided;

22 and provided further that the Administrator shall have the

23 authority to take an adverse personnel action provided in

24 41 U.S.C. 423(e)(3)(A)(iv), but shall take any such ac25 tions in accordance with the procedures contained in the
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1 Federal Aviation Administration’s Personnel Management

2 System.’’.

3 (d) MERIT SYSTEMS PRINCIPLES.—Section 347(a) of

4 Public Law 104–50 (49 U.S.C. 106 note) is amended by

5 adding the following at the end: ‘‘The personnel manage6 ment system is governed by merit systems principles con7 sistent with those expressed in 5 U.S.C. 2301.’’.

8 SEC. 213. FEDERAL AVIATION ADMINISTRATION PERSON9 NEL MANAGEMENT SYSTEM.

10 (a) MEDIATION.—Section 40122(a)(2) is amended by

11 adding at the end the following: ‘‘The 60-day period shall

12 not include any period during which Congress has ad13 journed sine die.’’.

14 (b) RIGHT TO CONTEST ADVERSE PERSONNEL AC15 TIONS.—Section 40122 is amended by adding at the end

16 the following:

17 ‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC18 TIONS.—An employee of the Administration who is the

19 subject of a major adverse personnel action may contest

20 the action either through any contractual grievance proce21 dure that is applicable to the employee as a member of

22 the collective bargaining unit or through the Administra23 tion’s internal process relating to review of major adverse

24 personnel actions of the Administration, known as Guar25 anteed Fair Treatment or under section 347(c) of the De-
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1 partment of Transportation and Related Agencies Appro2 priations Act, 1996.

3 ‘‘(h) ELECTION OF FORUM.—Where a major adverse

4 personnel action may be contested through more than one

5 of the indicated fora (e.g., the contractual grievance proce6 dure, the Federal Aviation Administration’s internal proc7 ess or that of the Merit Systems Protection Board), an

8 employee must elect the forum through which the matter

9 will be contested. Nothing in this section is intended to

10 allow an employee to contest an action through more than

11 one forum unless otherwise allowed by law.

12 ‘‘(i) DEFINITION.—For purposes of this section, the

13 term ‘‘major adverse personnel action’’ means a suspen14 sion of more than 14 days, a reduction in pay or grade,

15 a removal for conduct or performance, a nondisciplinary

16 removal, a furlough of 30 days or less (but not including

17 placement in a nonpay status as the result of a lapse of

18 appropriations or an enactment by Congress), or a reduc19 tion in force action.’’.

20 (c) APPLICABILITY OF MERIT SYSTEMS PROTECTION

21 BOARD PROVISIONS.—Section 347(b) of the Department

22 of Transportation and Related Agencies Appropriations

23 Act, 1996 (109 Stat. 460) is amended—

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

25 (6);
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1 (2) by striking the period at the end of para2 graph (7) and inserting ‘‘; and’’; and

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

4 ‘‘(8) sections 1204, 1211–1218, 1221, and

5 7701–7703, relating to the Merit Systems Protec6 tion Board.’’.

7 (d) APPEALS TO MERIT SYSTEMS PROTECTION

8 BOARD.—Section 347(c) of the Department of Transpor9 tation and Related Agencies Appropriations Act, 1996 is

10 amended to read as follows:

11 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

12 BOARD.—Under the new personnel management system

13 developed and implemented under subsection (a), an em14 ployee of the Federal Aviation Administration may submit

15 an appeal to the Merit Systems Protection Board and may

16 seek judicial review of any resulting final orders or deci17 sions of the Board from any action that was appealable

18 to the Board under any law, rule, or regulation as of

19 March 31, 1996.’’.

20 SEC. 214. TRANSITIONAL USER FEE AUTHORITY.

21 (a) Chapter 453 is amended by adding the following

22 new section at the end:

23 ‘‘§ 45305. Transitional user fee authority

24 ‘‘(a) GENERAL.—
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1 ‘‘(1) The Administrator of the Federal Aviation

2 Administration shall establish a schedule of new fees

3 and a collection process for such fees, payable by op4 erators described in paragraph (3), for the provision

5 of air traffic control services provided by the Federal

6 Aviation Administration to such operators. Such fees

7 shall be effective until replaced by the schedule of

8 fees for air traffic services adopted under section

9 45331.

10 ‘‘(2) Such fees shall reflect the full cost of pro11 viding air traffic services, including costs associated

12 with the depreciation, research, engineering, and de13 velopment, and the operation and maintenance of fa14 cilities and infrastructure, based on cost accounting

15 principles.

16 ‘‘(3) Such fees shall be payable by—

17 ‘‘(A) a person holding a certificate under

18 part 119 of title 14, Code of Federal Regula19 tions;

20 ‘‘(B) a person holding a certificate under

21 part 125 of title 14, Code of Federal Regula22 tions, to operate an aircraft for compensation

23 or hire; or

24 ‘‘(C) a foreign air carrier directly providing

25 air transportation.
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1 ‘‘(b) CONSULTATION, PUBLICATION, AND COMMENT

2 ON FEES.—The Administrator shall publish in the Fed3 eral Register an initial fee schedule and associated collec4 tion process as an interim final rule not later than Sep5 tember 30, 1999, provided that the Administrator shall

6 consult with interested operators who may be subject to

7 the fees prior to such publication. After the Administrator

8 receives public comment on the interim final rule, the Ad9 ministrator shall issue a final rule as early as practicable.

10 ‘‘(c) DEPOSIT OF FEES.—Fees collected under this

11 section shall be deposited in the Airport and Airway Trust

12 Fund (26 U.S.C. 9502).

13 ‘‘(d) REDUCTION OF TAXES FOR FISCAL YEAR

14 2000.—Prior to October 1, 1999, if the sum of estimated

15 receipts from fees established under this section for fiscal

16 year 2000 and estimated receipts from excise taxes to be

17 credited to the Airport and Airway Trust Fund for fiscal

18 year 2000 is projected to exceed the budgetary require19 ments for the Federal Aviation Administration for fiscal

20 year 2001 as shown in the Budget of the United States

21 Government for Fiscal Year 2000, aviation excise taxes

22 that would otherwise be applicable shall be reduced in the

23 same manner as provided in section 506 of the Federal

24 Aviation Administration Authorization Act of 1999.
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1 ‘‘(e) COLLECTION AND AVAILABILITY OF FEES.—

2 Fees authorized under this section shall be collected and

3 available for obligation only to the extent and in the

4 amount provided in advance in appropriations acts. Such

5 fees are authorized to be appropriated to remain available

6 until expended.’’.

7 (b) CONFORMING AMENDMENT.—The analysis of

8 chapter 453 is amended by inserting the following at the

9 end:

‘‘45305. Transitional user fee authority.’’.

10 SEC. 215. AMENDMENT OF STATUTE PROHIBITING THE

11 BRINGING OF HAZARDOUS SUBSTANCES

12 ABOARD AN AIRCRAFT.

13 Section 46312 is amended—

14 (1) by striking ‘‘A’’ and inserting ‘‘(a) GEN15 ERAL.—A’’; and

16 (2) by adding at the end a new subsection as

17 follows:

18 ‘‘(b) KNOWLEDGE OF REGULATIONS.—Knowledge by

19 the person of the existence of a regulation or requirement

20 related to the transportation of hazardous material pre21 scribed by the Secretary under this part is not an element

22 of an offense under this section.’’.

23 SEC. 216. AIRPORT SECURITY PROGRAM.

24 (a) IN GENERAL.—Chapter 471 is amended by add25 ing 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 one or more projects to test

5 and evaluate innovative aviation security systems and re6 lated technology.

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

8 Secretary shall give the highest priority to a request by

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 aviation security, including air15 craft physical security, access control, and passenger

16 and baggage screening; and

17 ‘‘(2) provides testing and evaluation of aviation

18 security systems and technology in an operational,

19 test bed environment.

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

21 47109, the United States Government’s share of allowable

22 project costs for a project under this section is 100 per23 cent.

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

25 establish such terms and conditions as the Secretary de26 termines appropriate for carrying out a project under this
29

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1 section, including terms and conditions relating to the

2 form and content of a proposal for a project, project assur3 ances, and schedule of payments.

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

5 the term ‘‘eligible sponsor’’ means a nonprofit corporation

6 composed of a consortium of public and private persons,

7 including a sponsor of a primary airport, with the nec8 essary engineering and technical expertise to successfully

9 conduct the testing and evaluation of airport and aircraft

10 related security systems.

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

12 amounts made available to the Secretary under section

13 47115 in a fiscal year, the Secretary shall make available

14 $2,000,000 for the purpose of carrying out this section.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 subchapter 1 of such chapter is amended by adding at the

17 end the following:

‘‘47136. Airport security program.’’.

18 SEC. 217. ESSENTIAL AIR SERVICE.

19 Section 41742(a) is amended by striking ‘‘provided

20 to the Administration’’ and inserting ‘‘made available to

21 the Department of Transportation’’.

22 SEC. 218. FAA MAY FINE UNRULY PASSENGERS.

23 (a) IN GENERAL.—Chapter 463 is amended by redes24 ignating section 46316 as section 46317, and by inserting

25 after section 46315 the following:
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1 ‘‘§ 4316. Interference with cabin or flight crew

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

3 the duties or responsibilities of the flight crew or cabin

4 crew of a civil aircraft, or who poses an imminent threat

5 to the safety of the aircraft or other individuals on the

6 aircraft, is liable to the United States Government for a

7 civil penalty of not more than $10,000.

8 ‘‘(b) COMPROMISE AND SETOFF.—

9 ‘‘(1) The Secretary of Transportation or the

10 Administrator may compromise the amount of a civil

11 penalty imposed under subsection (a).

12 ‘‘(2) The Government may deduct the amount

13 of a civil penalty imposed or compromised under this

14 section from amounts it owes the individual liable

15 for the penalty.’’.

16 (b) CONFORMING CHANGE.—The chapter analysis

17 for chapter 463 is amended by striking the item relating

18 to section 46316 and inserting after the item relating to

19 section 46315 the following:

‘‘46316. Interference with cabin or flight crew.

‘‘46317. General criminal penalty when specific penalty not provided.’’.

20 SEC. 219. DELEGATION OF AUTHORITY FOR CARGO INSPEC21 TIONS.

22 (a) DELEGATION OF AUTHORITY.—Subchapter II of

23 chapter 449 is amended by adding at the end the following

24 new section:
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1 ‘‘§ 44939. Delegation

2 ‘‘(a) DELEGATION AUTHORITY.—Subject to regula3 tions, supervision and review that the Administrator of the

4 Federal Aviation Administration may prescribe, the Ad5 ministrator may delegate to a qualified private person, or

6 to an employee under supervision of that person, a matter

7 related to:

8 ‘‘(1) the examination, testing, and inspection

9 necessary to approve a program under this chapter

10 for the security of cargo to be carried on aircraft

11 carrying passengers in air transportation or intra12 state air transportation; and

13 ‘‘(2) preliminary approval of a program under

14 this chapter for the security of cargo to be carried

15 on aircraft carrying passengers in air transportation

16 or intrastate air transportation, subject to the Ad17 ministrator’s final approval.

18 ‘‘(b) AUTHORITY TO RESCIND DELEGATION.—The

19 Administrator may rescind a delegation under this section

20 at any time for any reason the administrator considers ap21 propriate.

22 ‘‘(c) RECONSIDERATION OF ACTION.—A person af23 fected by an action of a private person under this section

24 may apply for reconsideration of the action by the Admin25 istrator. On the Administrator’s own initiative, the Admin26 istrator may reconsider the action of a private person at
32

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1 any time. If the Administrator decides on reconsideration

2 that the action is unreasonable or unwarranted, the Ad3 ministrator shall change, modify, or reverse the action. If

4 the Administrator decides the action is warranted, the Ad5 ministrator shall affirm the action.’’.

6 (b) CONFORMING AMENDMENT.—The analysis of

7 chapter 449 is amended by inserting at the end the follow8 ing:

‘‘44939. Delegation.’’.

9 SEC. 220. AMENDMENT OF STATUTE PROHIBITING PILOT10 ING AN AIRCRAFT WITHOUT A VALID AIR11 MAN’S CERTIFICATE.

12 Section 46306(a) is amended to read as follows:

13 ‘‘(a) APPLICATION.—Except for subsection (b)(7),

14 this section applies only to aircraft not used to provide

15 air transportation.’’.

16 TITLE III—AIRPORT IMPROVE17 MENT PROGRAM AMEND18 MENTS

19 SEC. 301. REMOVAL OF THE CAP ON DISCRETIONARY FUND.

20 Section 47115(g) is amended by repealing paragraph

21 (4).

22 SEC. 302. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

23 (a) CODIFICATION AND IMPROVEMENT OF 1996 PRO24 GRAM.—Subchapter I of chapter 471 is amended by add25 ing after section 47134 the following:
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1 ‘‘§ 47135. Innovative financing techniques

2 ‘‘(a) GENERAL.—The Secretary of Transportation is

3 authorized to carry out a demonstration program under

4 which the Secretary may approve applications under this

5 subchapter for not more than 5 new projects in a fiscal

6 year at airports that have less than .25 percent of the

7 boardings at all commercial service airports for which

8 grants received under the subchapter may be used to im9 plement innovative financing techniques.

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

11 program shall be to provide information on the use of in12 novative financing techniques for airport development

13 projects.

14 ‘‘(c) LIMITATION.—In no case shall the implementa15 tion of an innovative financing technique under the dem16 onstration program result in a direct or indirect guarantee

17 of any airport debt instrument by the United States Gov18 ernment.

19 ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE20 FINED.—In this section, the term ‘innovative financing

21 technique’ includes methods of financing for projects to

22 undertake new airport development that the Secretary de23 termines may be beneficial, including, but not limited to,

24 the following:

25 ‘‘(1) payment of interest;
34

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1 ‘‘(2) commercial bond insurance and other cred2 it enhancement associated with airport bonds for eli3 gible airport development;

4 ‘‘(3) flexible non-Federal matching require5 ments; and

6 ‘‘(4) loans described in subsection (e) of this

7 section.

8 ‘‘(e) LOANS.—

9 ‘‘(1) A State designated as a block grant State

10 by the Secretary under section 47128 may loan to

11 a sponsor all or part of the funds apportioned to the

12 State pursuant to section 47114(d) of this title to

13 pay the government share of the allowable costs of

14 an eligible airport development project. Such project

15 must meet all requirements of a project undertaken

16 pursuant to section 47128 of this title.

17 ‘‘(2) The amount of any loan received for a

18 project under this subsection may be subordinated to

19 any other debt financing for the project.

20 ‘‘(3) The repayment of a loan made under this

21 subsection shall commence not more than five years

22 after the project is completed.

23 ‘‘(4) The term of a loan made under this sub24 section shall not exceed 30 years from the date on

25 which the loan funds are obligated.
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1 ‘‘(5) A loan made under this subsection shall

2 bear interest at or below market interest rates, as

3 determined by the State, to make the project that is

4 the subject of the loan feasible.

5 ‘‘(6) Amounts repaid to a State from a loan

6 made under this subsection shall be considered to be

7 Federal funds subject to the requirements of section

8 47128 and may be obligated—

9 ‘‘(A) for any purpose for which the loan

10 funds were made available under the State

11 block grant program; and

12 ‘‘(B) for use as a capital reserve for other

13 forms of credit enhancement for project debt in

14 order to improve credit market access or to

15 lower interest rates for projects eligible for as16 sistance under the State block grant program.

17 ‘‘(7) The Secretary shall not approve more than

18 one state application in a fiscal year, nor more than

19 three in total, to establish state-run loan programs

20 under this subsection.

21 ‘‘(8) The Secretary shall, in consultation with

22 participating States, ensure that procedures and

23 guidelines for making loans under this subsection

24 meet the requirements of this subsection.’’.
36

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1 (b) CONFORMING AMENDMENT.—The analysis of

2 subchapter I of chapter 471 is amended by inserting at

3 the end the following:

‘‘47135. Innovative financing techniques.’’.

4 SEC. 303. MATCHING SHARE FOR STATE BLOCK GRANT

5 PROGRAM.

6 Section 47109(a) is amended—

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

8 paragraphs (4) and (5), respectively; and

9 (2) by inserting after paragraph (1) the follow10 ing:

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

12 funded by a grant issued to and administered by a

13 State pursuant to the State block grant program es14 tablished by section 47128 of this title;

15 ‘‘(3) for fiscal years beginning after September

16 30, 2001, in accordance with guidelines developed by

17 the Secretary—

18 ‘‘(A) not more than 75 percent for a

19 project at a primary airport having at least .25

20 percent of the total number of passenger

21 boardings each year at all commercial service

22 airports; and

23 ‘‘(B) not more than 90 percent for a

24 project at any other airport;’’.
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1 (3) in paragraph (4), as redesignated, by strik2 ing ‘‘; and’’ and inserting ‘‘;’’;

3 (4) in paragraph (5), as redesignated, by strik4 ing the period and inserting ‘‘; and’’;

5 (5) by inserting a new paragraph as follows:

6 ‘‘(6) not more than 50 percent for a project de7 scribed in section 47101(a)(14) of this title; pro8 vided, that the government’s share of allowable costs

9 for such a project will only be available if the avia10 tion benefits to the public exceed the allowable costs

11 of the project.’’.

12 SEC. 304. INCREASE IN APPORTIONMENT FOR, AND FLEXI13 BILITY OF, NOISE COMPATIBILITY PLANNING

14 AND PROGRAMS.

15 Section 47117(e)(1)(A) is amended—

16 (1) by revising the first sentence to read as fol17 lows: ‘‘At least 35 percent, but in any fiscal year not

18 less than $200,000,000, for grants for airport noise

19 compatibility planning under section 47505(a)(2) of

20 this title, for carrying out noise compatibility pro21 grams under section 47504(c) of this title, and for

22 noise mitigation projects approved in an environ23 mental record of decision for an airport development

24 project under this title.’’; and
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1 (2) in the second sentence, by striking ‘‘31 per2 cent’’ and inserting ‘‘35 percent or minimum fund3 ing’’.

4 SEC. 305. INCREASE IN STATE APPORTIONMENT.

5 Section 47114(d)(2) is amended by striking ‘‘18.5’’

6 and inserting ‘‘20’’.

7 SEC. 306. DISCRETIONARY USE OF UNUSED APPORTION8 MENTS.

9 Section 47117(g) is amended to read as follows:

10 ‘‘(g) DISCRETIONARY USE OF APPORTIONMENTS.—

11 ‘‘(1) Subject to paragraph (2) of this sub12 section, if the Secretary finds that all or part of an

13 amount under an apportionment available pursuant

14 to subsection (b) of this section is not required to

15 fund a grant under the apportionment during the

16 current fiscal year, the Secretary may use the

17 amount not so required to fund discretionary grants

18 under section 47115 of this title during such year.

19 The finding may be based on the notifications that

20 the Secretary receives under section 47105(f) of this

21 title, or on other information received from sponsors.

22 The discretionary grants may be made for any of the

23 purposes for which amounts are authorized for

24 grants under section 47104 of this title, and are not

25 subject to any of the crediting and allocation provi-
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1 sions applicable to the discretionary fund established

2 under section 47115.

3 ‘‘(2) If the current fiscal year is not the last

4 year of availability, under subsection (b) of this sec5 tion of an apportionment from which the Secretary

6 funds a discretionary grant under paragraph (1) of

7 this subsection, the Secretary shall, in a later fiscal

8 year, restore to the apportionment an amount equal

9 to the grant whenever a sufficient amount is made

10 available for grant obligations under sections 47104

11 and 48103 of this title, as follows:

12 ‘‘(A) if an amount sufficient for such res13 toration is made available at any time in the

14 current or next following fiscal year, the

15 amount so restored shall be subject to the origi16 nal period of availability of the apportionment

17 made under subsection (b) of this section; or

18 ‘‘(B) if an amount sufficient for such res19 toration is not made available in the current or

20 next following fiscal year, the amount so re21 stored shall be deemed to remain available

22 under subsection (b) of this section for the

23 original period of availability, plus the number

24 of complete fiscal years during which an

25 amount was not available for such restoration.
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1 ‘‘(3)(A) Of an amount newly available under

2 section 48103 of this title, an amount equal to the

3 amounts restored under paragraph (2) of this sub4 section shall be deemed unavailable for discretionary

5 grant obligations under section 47115 of this title.

6 ‘‘(B) Subparagraph (A) of this paragraph does

7 not impair the Secretary’s authority under para8 graph (1) of this subsection, after a restoration

9 under paragraph (2) of this subsection, to apply all

10 or part of a restored amount that is not required to

11 fund a grant under an apportionment to fund discre12 tionary grants.

13 ‘‘(4) This subsection does not authorize the

14 Secretary to incur grant obligations above the

15 amount made available under sections 47104 and

16 48103 of this title.’’.

17 SEC. 307. PAVEMENT MAINTENANCE.

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

19 repealed.

20 (b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Sec21 tion 47102(3) is amended by adding at the end the follow22 ing new subparagraph:

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

24 the useful life of runways, taxiways, and aprons

25 at airports for which apportionments are made
41

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1 under section 47114(d), under guidelines issued

2 by the Administrator.’’.

3 SEC. 308. PRESERVATION OF PRIMARY APPORTIONMENTS

4 WHEN AIR SERVICE IS TEMPORARILY INTER5 RUPTED.

6 Section 47114(c)(1) is amended—

7 (1) in paragraph (c)(1)(A) by striking ‘‘The’’

8 and inserting ‘‘Except for an apportionment under

9 subparagraph (C) of this paragraph, the’’; and

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

11 ‘‘(C) The Secretary may apportion to an

12 airport sponsor in a fiscal year an amount

13 equal to the amount apportioned to that spon14 sor in the previous fiscal year if the Secretary

15 finds that—

16 ‘‘(i) passenger boardings at the air17 port fell below 10,000 in the calendar year

18 used to calculate the apportionment;

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

20 passenger boardings in the calendar year

21 prior to the calendar year used to calculate

22 apportionments to airport sponsors in a

23 fiscal year; and

24 ‘‘(iii) the cause of the shortfall in pas25 senger boardings was a temporary but sig-
42

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1 nificant interruption in service by an air

2 carrier to that airport due to an employ3 ment action, natural disaster, or other

4 event unrelated to the demand for air

5 transportation at the affected airport.’’.

6 SEC. 309. LIMITATION ON PROJECT ELIGIBILITY AT LARGE

7 AND MEDIUM AIRPORTS.

8 (a) LIMITATION ON ELIGIBILITY.—Chapter 471 is

9 amended by adding the following new section:

10 ‘‘§ 47137. Limitation on project eligibility at large and

11 medium airports

12 ‘‘(a) LIMITATION.—Except as may be contained in a

13 letter of intent issued prior to the date of enactment of

14 this section, under section 47110(e), and notwithstanding

15 section 47110(d), the Secretary may approve a project for

16 airport development at an airport having at least .25 per17 cent of the total number of passenger boardings each year

18 at all commercial service airports only for—

19 ‘‘(1) a development project to meet safety or se20 curity requirements of the Secretary or requirements

21 under the Americans with Disabilities Act of 1990

22 (42 U.S.C. 12101 et seq.), the Clean Air Act (42

23 U.S.C. 7401 et seq.), and the Federal Water Pollu24 tion Control Act (33 U.S.C. 1251 et seq.) as de25 scribed in section 47102(3)(F) of this title;
43

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1 ‘‘(2) projects for which funds are made avail2 able under section 47117(e)(1)(A) of this title;

3 ‘‘(3) a development project that the Secretary

4 determines will create new airfield capacity at the

5 airport; and

6 ‘‘(4) airport planning.

7 ‘‘(b) NO LIMITATION ON PROJECTS FINANCED BY

8 PASSENGER FACILITY FEES.—The limitation imposed on

9 grant approvals under subsection (a) of this section does

10 not apply to projects funded by passenger facility revenue

11 under section 40117 of this title.’’.

12 (b) CONFORMING AMENDMENT.—The analysis of

13 chapter 471 is amended by inserting the following at the

14 end:

‘‘47137. Limitation on project eligibility at large and medium airports.’’.

15 (c) CONFORMING AMENDMENT.—Section 47104(a) is

16 amended by inserting ‘‘subject to section 47137 of this

17 title,’’ after ‘‘aeronautics,’’.

18 SEC. 310. PUBLIC NOTICE BEFORE GRANT ASSURANCE

19 WAIVED.

20 Section 47107(h) is amended—

21 (1) by striking ‘‘MODIFYING ASSURANCES AND

22 REQUIRING COMPLIANCE WITH ADDITIONAL AS23 SURANCES.—Before’’ and substituting ‘‘MODIFYING,

24 ADDING OR WAIVING ASSURANCES.—(1) Before’’;

25 and
44

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1 (2) by adding the following new paragraph at

2 the end:

3 ‘‘(2) After the date of enactment of this para4 graph, with respect to airport property used for

5 landing, taking off or surface maneuvering of air6 craft, the Secretary of Transportation may not waive

7 an assurance required under this section that re8 quires property to be used for aeronautical purposes

9 unless the Secretary provides at least 30 days notice

10 to the public and an opportunity to comment before

11 issuing any such waiver. Nothing in this paragraph

12 shall be construed to authorize the Secretary to

13 issue a waiver of any assurance required under this

14 section.’’.

15 SEC. 311. INTERMODAL PLANNING.

16 (a) Section 47101(a)(5) is amended by striking ‘‘that

17 use various modes of transportation in a way that will

18 serve the States’’ and inserting ‘‘, including airport sys19 tems, in a manner that will serve the Nation, the States,’’;

20 (b) Section 47102(8) is amended—

21 (1) in subparagraph (C), by striking ‘‘; and’’

22 and inserting ‘‘;’’;

23 (2) in subparagraph (D), by striking the period

24 and inserting ‘‘; and’’; and

25 (3) by inserting a new subparagraph as follows:
45

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1 ‘‘(E) developing a plan for an airport sys2 tem that includes a primary airport that en3 planes at least 0.25 percent of the total number

4 of passenger boardings each year at all com5 mercial service airports, so that such planning

6 includes fair consideration of surface transpor7 tation and land use plans relevant to airport ac8 cess and development in the airport system

9 under study.’’.

10 (c) Section 47106(a) is amended—

11 (1) in paragraph (1), by inserting ‘‘, including

12 transportation and land use plans,’’ after ‘‘plans’’;

13 (2) in paragraph (4), by striking ‘‘; and’’ and

14 inserting ‘‘;’’;

15 (3) in paragraph (5), by striking the period and

16 inserting ‘‘; and’’; and

17 (4) by inserting a new paragraph at the end as

18 follows:

19 ‘‘(6) with respect to a project for the location

20 of an airport or a project for a runway or a major

21 runway extension at a primary airport having at

22 least 0.25 percent of the total number of passenger

23 boardings each year at all commercial service air24 ports, the sponsor has (A) provided the metropolitan

25 planning organization authorized to conduct metro-
46

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1 politan planning in the area in which the airport is

2 located with not less than 60 days to review the air3 port master plan or the airport layout plan in which

4 the project is described and depicted and to submit

5 comments on such plans to the sponsor, and (B) in6 cluded in its application to the Secretary its written

7 responses to such comments as are made by the

8 metropolitan planning organization.’’.

9 SEC. 312. AIRPORT IMPROVEMENTS TO INCREASE RURAL

10 ACCESS TO THE AIR TRANSPORTATION SYS11 TEM.

12 Section 47101(a) is amended at the end by inserting

13 a new subparagraph as follows:

14 ‘‘(14) that priority consideration should be

15 given to encourage development identified by the

16 Secretary of Transportation, in consultation with

17 State aviation officials, as warranted, to support op18 erations of turbine powered aircraft at nonprimary

19 airports to the extent possible with available funds

20 and considering other airport needs.’’.

21 SEC. 313. MILITARY AIRPORTS.

22 (a) CLARIFICATION OF TERM OF MILITARY AIRPORT

23 PROGRAM APPORTIONMENT.—
47

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1 (1) Section 124(d) of the Federal Aviation Re2 authorization Act of 1996 (Public Law 104–264) is

3 repealed.

4 (2) Section 47117(e)(1)(B) is amended by

5 striking ‘‘for each fiscal year thereafter’’.

6 (b) DESIGNATING CURRENT AND FORMER MILITARY

7 AIRPORTS.—Section 47118 is amended—

8 (1) in subsection (a), by striking ‘‘12’’ and in9 serting ‘‘15’’; and

10 (2) in subsection (d), by striking ‘‘5 fiscal year

11 periods’’ and inserting ‘‘periods, each not to exceed

12 5 fiscal years,’’.

13 SEC. 314. LETTERS OF INTENT.

14 Section 47110(e)(2)(C) is amended to read as fol15 lows:

16 ‘‘(C) that meets the criteria of section

17 47115(d) of this title and, if for a project at an

18 airport having at least 0.25 percent of the

19 boardings each year of all commercial service

20 airports, the Secretary decides will enhance sys21 tem-wide airport capacity significantly.’’.

22 SEC. 315. TECHNICAL AMENDMENTS.

23 (a) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

24 RICO AND HAWAII.—Section 47114(d) is amended by re25 vising paragraph (3) to read as follows:
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1 ‘‘(3) An amount apportioned under paragraph

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

3 or Puerto Rico may be made available by the Sec4 retary for any public airport in those respective

5 jurisdictions.’’.

6 (b) SUPPLEMENTAL APPORTIONMENT FOR ALAS7 KA.—Section 47114(e) is amended—

8 (1) in the catchline by striking ‘‘ALTERNATIVE’’

9 and inserting ‘‘SUPPLEMENTAL’’;

10 (2) in paragraph (1)—

11 (A) by striking ‘‘Instead of apportioning

12 amounts for airports in Alaska under’’ and in13 serting ‘‘Notwithstanding’’; and

14 (B) by striking ‘‘those airports’’ and in15 serting ‘‘airports in Alaska’’; and

16 (3) by amending paragraph (3) to read:

17 ‘‘(3) An amount apportioned under this sub18 section may be used for any public airport in

19 Alaska.’’.

20 (c) REPEAL OF APPORTIONMENT LIMITATION ON

21 COMMERCIAL SERVICE AIRPORTS IN ALASKA.—Section

22 47117 is amended by striking subsection (f) and redesig23 nating subsections (g) and (h) as (f) and (g).

24 (d) DISCRETIONARY FUND DEFINITION.—

25 (1) Section 47115 is amended—
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1 (A) in subsection (a) by striking ‘‘25’’ and

2 inserting ‘‘12.5’’; and

3 (B) in subsection (b) by striking the sec4 ond sentence; and

5 (2) Section 47116 is amended—

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

7 inserting ‘‘87.5’’;

8 (B) in subsection (b), by redesignating

9 paragraphs (1) and (2) as subparagraphs

10 (2)(A) and (2)(B), and inserting after the colon

11 the following new paragraphs:

12 ‘‘(1) one-seventh for grants for projects at small

13 hub airports (as defined in section 41731 of this

14 title); and

15 ‘‘(2) the remaining amounts based on the fol16 lowing:’’.

17 (e) USE OF STATE-APPORTIONED FUNDS.—Section

18 47114(d) is amended by adding the following new para19 graphs at the end:

20 ‘‘(4) Notwithstanding paragraph (2) of this

21 subsection, funds made available under this sub22 section may be used for integrated airport system

23 planning that encompasses one or more primary air24 ports.
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1 ‘‘(5) A project to survey or to upgrade a non2 primary airport to obtain greater benefits from im3 plementation of satellite-based air navigation sys4 tems may be financed only with funds apportioned

5 under this section.’’.

6 (f) CONTINUATION OF PROJECT FUNDING.—Section

7 47108 is amended by adding a new subsection at the end

8 as follows:

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

10 that the status of a primary airport changes to a non11 primary airport at a time when a development project

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

13 yet completed, the project shall remain eligible for funding

14 from discretionary funds under section 47115 of this title

15 at the funding level and under the terms provided by the

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

17 (g) GRANT ELIGIBILITY FOR PRIVATE RELIEVER

18 AIRPORTS.—Section 47102(17)(B) is amended by—

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

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

21 (2) by inserting a new clause (ii) as follows:

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

23 a reliever airport, received Federal aid for

24 airport development prior to October 9,

25 1996; or’’.
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1 (h) RELIEVER AIRPORTS INELIGIBLE FOR LETTERS

2 OF INTENT.—Section 47110(e)(1) is amended by striking

3 ‘‘or reliever’’ in the first sentence.

4 (i) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

5 CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS

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

7 amended—

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

9 (1) and striking the period at the end of paragraph

10 (2) and inserting ‘‘; and’’; and

11 (2) by inserting a new paragraph at the end as

12 follows:

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

14 collection of a passenger facility fee be waived for—

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

16 air carrier or foreign air carrier if the number

17 of passengers enplaned by the carriers in the

18 class constitutes not more than one percent of

19 the total number of passengers enplaned annu20 ally at the airport at which the fee is imposed;

21 or

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

23 airport—
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1 ‘‘(i) that has fewer than 2500 pas2 sengers boardings each year and receives

3 scheduled passenger service; or

4 ‘‘(ii) in a community which has a pop5 ulation of less than 5,000 and is not con6 nected by a land highway or vehicular way

7 to the land-connected National Highway

8 within a state.’’.

9 (j) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY FOR

10 AIRPORTS IN SURPLUS PROPERTY DISPOSAL.—

11 (1) Section 47151 is amended—

12 (A) in subsection (a) by striking ‘‘give’’

13 and inserting ‘‘convey to’’;

14 (B) in paragraph (a)(2) by striking ‘‘gift’’

15 and inserting ‘‘conveyance’’; and

16 (C) in subsection (b) by striking ‘‘gift’’ and

17 inserting ‘‘conveyance’’.

18 (2) Section 47152 is amended—

19 (A) in the title by striking ‘‘gifts’’ and in20 serting ‘‘conveyances’’; and

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

22 and inserting ‘‘conveyance’’.

23 (3) The table of sections for subchapter 471 is

24 amended in the item relating to section 47152 by

25 striking ‘‘gifts’’ and inserting ‘‘conveyances’’.
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1 (4) Section 47153(a) is amended—

2 (A) in paragraph (1) by striking ‘‘gift’’

3 and inserting ‘‘conveyance’’;

4 (B) in subparagraph (1)(A) by striking

5 ‘‘given’’ and inserting ‘‘conveyed’’; and

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

7 and inserting ‘‘conveyance’’.

8 TITLE IV—COMMERCIAL SPACE

9 TRANSPORTATION AMEND10 MENTS

11 SEC. 401. COMMERCIAL SPACE TRANSPORTATION AUTHOR12 IZATION.

13 Section 70119 is amended—

14 (1) in paragraph (1), by striking ‘‘and’’ at the

15 end;

16 (2) in subparagraph (2), by striking

17 ‘‘$6,600,000’’ and inserting ‘‘$6,838,000’’, and by

18 striking the period at the end and inserting ‘‘; and’’;

19 and

20 (3) by inserting a new paragraph at the end as

21 follows:

22 ‘‘(3) such sums as necessary for the fiscal years

23 2001 through 2004.’’.
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1 SEC. 402. REPEAL OF REQUIREMENT FOR UNIFORM GUIDE2 LINES FOR ACQUISITION OF SURPLUS PROP3 ERTY.

4 Section 70111 is amended by striking subsection

5 (b)(3).

6 SEC. 403. EXTENSION OF PAYMENT OF EXCESS CLAIMS

7 AUTHORITY FOR A COMMERCIAL SPACE

8 LAUNCH AND REENTRY.

9 Section 70113(f) is amended by striking ‘‘December

10 31, 1999’’ and inserting ‘‘December 31, 2005’’.

11 TITLE V—PERFORMANCE BAS12 ED ORGANIZATION FOR AIR

13 TRAFFIC SERVICES

14 SEC. 501. ESTABLISHMENT OF PERFORMANCE BASED OR15 GANIZATION.

16 (a) Subtitle VII is amended by inserting after chapter

17 445 the following:

‘‘CHAPTER 446—PERFORMANCE BASED ORGANIZATION FOR AIR

TRAFFIC SERVICES

‘‘§ 44601. Definitions.

‘‘§ 44602. Establishment of a performance-based organization for air traffic

services.

‘‘§ 44603. Management Advisory Committee participation.

‘‘§ 44604. Chief Operating Officer.

‘‘§ 44605. Responsibilities of the ATS organization.

‘‘§ 44606. Performance management.

‘‘§ 44607. Personnel management.

‘‘§ 44608. Acquisitions.

‘‘§ 44609. Contract for services.

18 ‘‘§ 44601. Definitions

19 ‘‘In this chapter—
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1 ‘‘(1) AIR TRAFFIC CONTROL SYSTEM.—The

2 term ‘Air traffic control system’ means the combina3 tion of elements used to safely and efficiently mon4 itor, direct, control, and guide aircraft in the United

5 States and United States-assigned airspace,

6 including—

7 ‘‘(A) allocated electro-magnetic spectrum

8 and physical, real, personal, and intellectual

9 property assets making up facilities and sys10 tems employed to detect, track, and guide air11 craft movement;

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

13 agreements, and licenses;

14 ‘‘(C) published procedures that explain re15 quired actions, activities, and techniques used

16 to assure adequate aircraft separation; and

17 ‘‘(D) trained personnel with specific tech18 nical capabilities to satisfy the operational, en19 gineering, management, and planning require20 ments for air traffic control.

21 ‘‘(2) ATS.—The term ‘ATS’ means the per22 formance-based organization for air traffic services

23 established by section 44602 of this title for the pur24 pose of operating the U.S. air traffic control system.
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1 ‘‘§ 44602. Establishment of performance-based organi2 zation for air traffic services

3 ‘‘(a) GENERAL.—

4 ‘‘(1) The Administrator of the Federal Aviation

5 Administration shall establish not later than Janu6 ary 1, 2000, within the Federal Aviation Adminis7 tration, a performance-based organization (herein8 after referred to as the ATS) to manage and operate

9 the air traffic control system on an efficient, busi10 ness-like basis, without sources of federal funding

11 after May 15, 2001, other than as provided in sec12 tion 48302 of this title.

13 ‘‘(2) After May 15, 2001, the ATS shall be

14 funded exclusively under Subchapter II of chapter

15 453 and section 48302 of this title.

16 ‘‘(b) ATS SUBCOMMITTEE.—A subcommittee of the

17 Management Advisory Council established under section

18 106(p) of this title shall be constituted to offer advice and

19 recommendations to the Administrator, as specified by

20 section 44603 of this title.

21 ‘‘(c) CHIEF OPERATING OFFICER.—The policies and

22 operations of the ATS shall be implemented and directed

23 by a Chief Operating Officer, who shall be appointed

24 under section 44604 of this title by the Secretary of

25 Transportation.
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1 ‘‘(d) PERSONNEL MANAGEMENT AND ACQUISI2 TIONS.—Personnel management and acquisitions shall be

3 carried out by the ATS using the existing authority of the

4 Administrator.

5 ‘‘(e) RELATIONSHIP OF ATS TO THE ADMINIS6 TRATOR AND THE INSPECTOR GENERAL.—

7 ‘‘(1) The relationship of the ATS and the Ad8 ministrator shall be as set forth in section 106(r) of

9 this title.

10 ‘‘(2) The activities of the ATS shall be subject

11 to the authority of the Department of Transpor12 tation Inspector General in the same manner and to

13 the same extent as the other elements of the Admin14 istration are subject to the authority of the Inspec15 tor General.

16 ‘‘§ 44603. Management Advisory Council Participation

17 ‘‘(a) GENERAL.—Using the authority provided under

18 section 106(p) of this title, the Chairman of the Manage19 ment Advisory Council shall constitute an ‘Air Traffic

20 Services Subcommittee’ to provide comments, rec21 ommended modifications, and dissenting views to the Ad22 ministrator on ATS performance, including—

23 ‘‘(1) The performance of the Chief Operating

24 Officer and other senior managers of the ATS under

25 sections 44604 and 44607 of this title.
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1 ‘‘(2) Long-range and strategic plans for the

2 ATS.

3 ‘‘(3) User fees and other charges imposed

4 under section 45331 of this title.

5 ‘‘(4) Plans for annual ATS receipts and ex6 penditures.

7 ‘‘(5) Other significant actions that the ATS

8 Subcommittee considers appropriate and that are

9 consistent with implementing the Federal Aviation

10 Administration Authorization Act of 1999.

11 ‘‘(b) SUBCOMMITTEE MEMBERSHIP.—The Chairman

12 shall appoint the members of the ATS Subcommittee,

13 which shall include the designees of the Secretary of

14 Transportation and of the Secretary of Defense on the

15 Management Advisory Council.

16 ‘‘(c) USER-FEE RECOMMENDATIONS.—The ATS

17 Subcommittee shall participate in the establishment and

18 modification of user-fee schedules under 49 U.S.C. 45331

19 by offering comments, recommended modifications, and

20 dissenting views to the Administrator.

21 § 44604. Chief Operating Officer

22 ‘‘(a) GENERAL.—

23 ‘‘(1) The management of the ATS is vested in

24 a Chief Operating Officer, who shall be appointed by

25 the Secretary of Transportation to a 5-year term
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1 and compensated under the authority of this chap2 ter.

3 ‘‘(2) The Chief Operating Officer shall serve at

4 the pleasure of the Secretary, except that the Sec5 retary shall make every effort to ensure stability and

6 continuity in the leadership of the ATS.

7 ‘‘(b) ANNUAL PERFORMANCE AGREEMENT.—The ad8 ministrator and the Chief Operating Officer shall enter

9 into an annual performance agreement that sets forth

10 measurable organization and individual goals for the chief

11 Operating Officer in key operational areas. The agreement

12 shall be subject to review and re-negotiation on an annual

13 basis.

14 ‘‘(c) COMPENSATION.—

15 ‘‘(1) The Chief Operating Officer shall be paid

16 at an annual rate of basic pay not to exceed that of

17 the Administrator, including any applicable locality18 based payment. This basic rate of pay shall subject

19 the COO to the post-employment provisions of sec20 tion 207 of title 18 as if this position were described

21 in section 207(c)(2)(A)(i) of that title.

22 ‘‘(2) In addition to the annual rate of basic pay

23 authorized by paragraph (1) of this subsection, the

24 Chief Operating Officer may receive a bonus not to

25 exceed 50 percent of the annual rate of basic pay,
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1 based upon the Administrator’s evaluation of the

2 Chief Operating Officer’s performance in relation to

3 the performance goals set forth in the performance

4 agreement described in subsection (b) of this section.

5 A bonus may not cause the Chief Operating Officer’s

6 total aggregate compensation in a calendar year to

7 equal or exceed the amount of the President’s salary

8 under section 102 of title 3, United States Code.

9 ‘‘(d) ANNUAL PERFORMANCE REPORT.—The Chief

10 Operating Officer shall prepare and submit to the Sec11 retary and to Congress an annual management report con12 taining such information as the Secretary shall prescribe.

13 ‘‘§ 44605. Responsibilities of the ATS organization

14 ‘‘(a) RESPONSIBILITY FOR MOVEMENT OF AIRCRAFT

15 IN UNITED STATES AIRSPACE.—The ATS shall, in a con16 tinuing joint relationship with the Department of Defense,

17 exercise day-to-day operational supervision and control

18 over the movement of aircraft in United States-controlled

19 airspace on and after a date set by the Federal Aviation

20 Administrator.

21 ‘‘(b) RELATIONSHIP OF ATS AND THE ADMINIS22 TRATOR.—The ATS shall exercise the authority conferred

23 on the Administrator by this title to carry out its respon24 sibilities under this chapter, consistent with the relation-
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1 ship established between the ATS and the Administrator

2 under section 106(r) of this title.

3 ‘‘(c) CONSISTENCY WITH INTERNATIONAL OBLIGA4 TIONS AND NATIONAL SECURITY.—The ATS shall ensure

5 that its actions are in compliance and consistent with es6 tablished relationships of the Department of Transpor7 tation with the Department of State and the Department

8 of Defense in fulfilling the international obligations and

9 national security objectives of the United States.

10 ‘‘§ 44606. Performance management

11 ‘‘(a) GENERAL.—The ATS shall establish a perform12 ance management system for all ATS employees that—

13 ‘‘(1) strengthens ATS effectiveness by—

14 ‘‘(A) establishing goals or objectives for in15 dividual, group, or organizational performance

16 (consistent with the annual performance agree17 ment described in section 44604(b) of this title)

18 and performance planning procedures, including

19 those established under the Government Per20 formance and Results Act of 1993;

21 ‘‘(B) communicating the goals or objectives

22 to employees;

23 ‘‘(C) using the goals and objectives to

24 make performance distinctions among employ25 ees or groups of employees; and
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1 ‘‘(D) using performance assessments as a

2 basis for granting employee awards, adjusting

3 an employee’s rate of basic pay, and other ap4 propriate personnel actions. For purposes of

5 this subparagraph, ‘performance assessment’

6 means a determination of whether or not reten7 tion standards established under paragraph

8 (2)(A) are met, and any additional performance

9 determination made on the basis of perform10 ance goals and objectives established under sub11 paragraph (A) of this paragraph; and

12 ‘‘(2) maintains individual accountability by—

13 ‘‘(A) establishing one or more retention

14 standards for each employee related to the work

15 of the employee and expressed in terms of indi16 vidual performance, and communicating such

17 retention standards to the employee;

18 ‘‘(B) making periodic determinations of

19 whether each employee meets or does not meet

20 the employee’s established retention standards;

21 and

22 ‘‘(C) with respect to any employee whose

23 performance does not meet established retention

24 standards, denying any increases in basic pay,

25 denying any promotions, and taking any appro-
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1 priate action to resolve the performance prob2 lem.

3 ‘‘(b) AWARDS AND INCENTIVES.—The ATS may es4 tablish an awards program designed to provide incentives

5 for and recognition of organizational, group, and individ6 ual achievements by providing for granting awards to em7 ployees who, as individuals or members of a group, con8 tribute to meeting the performance goals and objectives

9 established under this section by means of a superior indi10 vidual or group accomplishment, a documented productiv11 ity gain, or sustained superior performance.

12 ‘‘§ 44607. Personnel management

13 ‘‘(a) GENERAL.—In conducting its personnel activi14 ties, the ATS shall have the same authority as the Federal

15 Aviation Administrator.

16 ‘‘(b) CONTINUATION OF EXISTING LABOR AGREE17 MENTS.—Notwithstanding reorganization of air traffic

18 services under this chapter, existing labor agreements with

19 employees of the Administration in effect on the date of

20 establishment of the ATS continue in effect under their

21 terms and are unaffected by the reorganization. The ATS

22 shall accord full recognition to labor organizations rep23 resenting ATS employees to the extent that the labor orga24 nizations have been accorded exclusive representative sta25 tus.
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1 ‘‘§ 44608. Acquisitions

2 ‘‘(a) GENERAL.—In conducting its acquisition activi3 ties, the ATS shall have the same authority as the Federal

4 Aviation Administrator.

5 ‘‘(b) DEPARTMENT OF DEFENSE INTERFACE.—Ex6 isting Federal Aviation Administration acquisition author7 ity for interface with the Department of Defense is ex8 tended to the ATS, and inclusion of the Department in

9 current acquisition laws and practices regarding joint ad10 ministration programs remains intact.

11 ‘‘§ 44609. Contracts for services

12 ‘‘(a) GENERAL.—Using fees collected under sub13 chapter II of chapter 453 of this title, the ATS may con14 tract for personnel management, financial accounting,

15 budgeting, legal, and other necessary services in addition

16 to or as an alternative to obtaining services within the

17 Federal Aviation Administration.

18 ‘‘(b) REIMBURSEMENT FOR ADMINISTRATION SERV19 ICES.—Personnel management, financial accounting,

20 budgeting, legal, and other services provided from within

21 the Federal Aviation Administration shall be made avail22 able to the ATS on a reimbursable basis.

23 ‘‘(c) SELECTION OF CHIEF OPERATING OFFICER.—

24 The Secretary may retain outside experts or consultants

25 as part of any effort to identify potential candidates for

26 the position of Chief Operating Officer.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis of

2 subtitle VII is amended by adding the following after the

3 entry for chapter 445:

‘‘446. PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC

SERVICES 44601’’.

4 SEC. 502. RELATIONSHIP OF ATS AND THE ADMINIS5 TRATOR.

6 Section 106 is amended by inserting at the end the

7 following new subsection:

8 ‘‘(r) RELATIONSHIP OF ADMINISTRATOR AND

9 ATS.—

10 ‘‘(1) The Administrator shall delegate such

11 functions, powers, and duties to the perform12 ance-based organization for air traffic services

13 (ATS) established under chapter 446 of this

14 title as the Administrator deems necessary to

15 fulfill the requirements of the Federal Aviation

16 Administration Authorization Act 1999.

17 ‘‘(2) The Administrator shall retain final

18 authority over the actions of the ATS that af19 fect aviation safety and security, government20 wide Federal mandates and policies, national

21 security, and international negotiations, agree22 ments, and obligations of the United States.
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1 ‘‘(3) Not later then September 30, 2000, the

2 Administrator shall issue a written delegation that

3 specifies—

4 ‘‘(A) the air-traffic-system-related func5 tions, powers, and duties to be exercised by the

6 ATS, to ensure clear lines of authority and re7 sponsibility for the safe and efficient movement

8 of air traffic;

9 ‘‘(B) the subject matter in which a deci10 sion, action, or policy of the Chief Operating

11 Officer shall have the effect of a final agency

12 action or order; and

13 ‘‘(C) the allocation of Federal Aviation Ad14 ministration administrative expenses to the

15 ATS and the basis for reimbursement by the

16 ATS of their cost.’’.

17 SEC. 503. FIVE-YEAR EVALUATION.

18 Not later than five years after the enactment of the

19 Federal Aviation Administration Authorization Act of

20 1999, the Secretary of Transportation shall provide to the

21 President and Congress a report on the operation and ef22 fectiveness of the provisions of this title of this Act and

23 the costs associated therewith. As part of the report, the

24 Secretary shall include any recommendations for legisla25 tion the Secretary deems necessary or appropriate as a
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1 result of his or her analysis of the operation and effective2 ness of this title and the costs associated therewith.

3 SEC. 504. FEES FOR AIR TRAFFIC SERVICE.

4 (a) Chapter 453 of subtitle VII is amended by des5 ignating sections 45301–45305 as Subchapter I and in6 serting immediately thereafter the following:

7 ‘‘SUBCHAPTER II—AIR TRAFFIC SERVICE FEES

8 ‘‘§ 45331. Air traffic service fees

9 ‘‘(a) GENERAL.—

10 ‘‘(1) The Chief Operating Officer (COO) of the

11 performance-based organization for air traffic serv12 ices established by section 44602 of this title (here13 inafter referred to as the ATS) shall prescribe and

14 regularly update a schedule of fees or other charges

15 for air traffic and related services that are provided

16 by the ATS to the air carrier, foreign air carrier,

17 and other non-public/non-military aircraft.

18 ‘‘(2) Fees shall—

19 ‘‘(A) reflect the cost of providing ATS

20 services, including costs associated with the re21 plenishment for depreciation, research, in engi22 neering, and development, and the operation

23 and maintenance of facilities and infrastruc24 ture;
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1 ‘‘(B) be computed in a manner that por2 trays use of the system by all categories of

3 users;

4 ‘‘(C) be based on costs, which shall, to the

5 extent practicable, be derived from generally ac6 cepted cost accounting principles;

7 ‘‘(D) not unreasonably discriminate

8 against a particular category of users of the air

9 traffic system; and

10 ‘‘(E) conform to obligations of the United

11 States Government under international agree12 ments.

13 ‘‘(3) In developing the initial fees, the COO

14 may use the services of experts and consultants, and

15 may contract on a non-competitive basis, notwith16 standing any other provision of law to the contrary,

17 to develop air traffic service user fees. The COO

18 shall publish the proposed initial fee schedule in the

19 Federal Register.

20 ‘‘(4) A schedule of fees or charges, including

21 the initial schedule of fees or charges, shall not be

22 made final if the Secretary of Transportation deter23 mines, within 45 days of the receipt of a proposed

24 final fee schedule from the COO, that the schedule
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1 is not consistent with the requirements of this sec2 tion.

3 ‘‘(b) CALCULATION OF FEES.—A fee imposed under

4 this section for a category of service shall—

5 ‘‘(1) be based, to the extent equitable, on the

6 cost of providing the service to a specific user, based

7 upon the best available data derived from a cost ac8 counting system that measures all costs associated

9 with depreciation, research, engineering, and devel10 opment, and the operation and maintenance of facili11 ties and infrastructure of the ATS; provided, that no

12 redistribution of costs to another category of user

13 shall result; and

14 ‘‘(2) differentiate between the provision of serv15 ices related to the landing and takeoff of aircraft

16 and the provision of services related to handling air17 craft in flight.

18 ‘‘(c) IMPOSITION OF FEES.—

19 ‘‘(1) the aggregate amount of fees or charges

20 imposed under the authority of this section in a fis21 cal year shall, when combined with amounts pro22 vided annually under section 48302 of title, be suffi23 cient to pay the projected total expenditures of the

24 ATS, subject to appropriations, for a fiscal year.
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1 ‘‘(2) Subject to the review provisions of this

2 section, the COO shall, on and after May 15, 2001,

3 impose a fee or charge for each use of a category of

4 service by a person who is responsible for remitting

5 tax to the U.S. Treasury under section 4261 or

6 4271 of the Internal Revenue Code of 1986 (26

7 U.S.C. 4261, 4271), as in effect of the date of en8 actment of this section.

9 ‘‘(3) The COO shall not impose a fee or charge

10 for each use of a category of service by a person who

11 is not responsible for remitting tax to the U.S.

12 Treasury under section 4261 or 4271 of the Internal

13 Revenue Code of 1986 (26 U.S.C. 4261, 4271), as

14 in effect of the date of enactment of this section.

15 ‘‘(4) The COO shall not impose a fee or charge

16 for service for military and civilian aircraft of a for17 eign government.

18 ‘‘(d) CONSULTATION WITH ATS SUBCOMMITTEE.—

19 In developing a fee schedule, the COO shall consult with

20 the ATS Subcommittee established under section 44603

21 of this title and, to the extent possible, seek to develop

22 a consensus.

23 ‘‘(e) NOTICE TO CONGRESS.—The COO shall trans24 mit to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives

2 each fee schedule 60 days before the final fees become ef3 fective.

4 ‘‘(f) PUBLICATION OF FEE SCHEDULE.—The COO

5 shall publish each fee schedule in the Federal Register at

6 least 30 days before the fees become effective. The devel7 opment and publication of a fee schedule under this sec8 tion shall not be subject to the rulemaking provisions of

9 title 5, United States Code.

10 ‘‘(g) COLLECTION AND AVAILABILITY OF FEES.—

11 Fees authorized under this subchapter shall be collected

12 and available for obligation only to the extent and in the

13 amount provided in advance in appropriations acts. Such

14 fees are authorized to be appropriated to remain available

15 until expended.

16 ‘‘§ 45332. Fees for international aircraft movements

17 ‘‘(a) GENERAL.—Fees may be imposed under this

18 subchapter on any commercial operation involving air traf19 fic control services provided by the United States but not

20 subject to tax under section 4261 of title 26, United

21 States Code, as long as the fees are consistent with inter22 national agreements.

23 ‘‘(b) FEE PAYMENT IN LIEU OF OVERFLIGHT

24 FEE.—To the extent that a person pays a fee under this

25 subchapter to the ATS for a service, the service is not
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1 subject to the imposition of a fee under section 45301 of

2 this title.

3 ‘‘§ 45333. Collection of fees

4 ‘‘(a) FEES PAYABLE TO THE ATS.—Notwithstand5 ing section 3302 of title 31, all fees imposed and amounts

6 collected under this subchapter for the ATS shall be cred7 ited to the Airport and Airway Trust Fund as specified

8 by chapter 483 of this title and shall be accounted for

9 separately within the Fund.

10 ‘‘(b) COLLECTION OF PAYMENTS.—The ATS shall

11 comply with the debt collection provisions of subchapter

12 II of chapter 37 of title 31 and the Department of Trans13 portation implementing regulations in 49 CFR part 89 ex14 cept that, notwithstanding any other provision of law, the

15 ATS shall have the authority to compromise all claims and

16 litigate the collection of claims.

17 ‘‘§ 45334. Initial imposition of fees; Congressional re18 view procedure

19 ‘‘(a) GENERAL.—

20 ‘‘(1) Subject to the review procedures of this

21 section, the COO shall impose an initial schedule of

22 fees or charges under this subchapter that applies to

23 air traffic services provided after May 15, 2001.

24 ‘‘(2) The COO shall issue a final initial fee

25 schedule under this section, after public hearing and
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1 comment and consultation with the ATS Sub2 committee established under section 44603 of this

3 title, not later than March 1, 2001.

4 ‘‘(b) CONGRESSIONAL REVIEWS.—

5 ‘‘(1) Not later than March 1, 2001, the COO

6 shall transmit copies of the final fee schedule issued

7 under this section to the Committee on Commerce,

8 Science, and Transportation of the Senate, and the

9 Committee on Transportation and Infrastructure of

10 the House of Representatives.

11 ‘‘(2) The COO may not implement the initial

12 fee schedule if a joint resolution is enacted, in ac13 cordance with the provisions of this section, dis14 approving the schedule before the earlier of the—

15 ‘‘(A) end of the 60-day period beginning

16 on the date on which the fee schedule is trans17 mitted to Congress; or

18 ‘‘(B) adjournment of Congress sine die for

19 the session during which the fee schedule is

20 transmitted.

21 ‘‘(3) For purposes of this section, the days on

22 which either House of Congress is not in session be23 cause of an adjournment of more than three days to

24 a day certain shall be excluded in the computation

25 of a 60-day period.
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1 ‘‘(c) JOINT RESOLUTION OF DISAPPROVAL.—

2 ‘‘(1) For purposes of this section, the term

3 ‘joint resolution’ means only a joint resolution which

4 is introduced within the 10-day period beginning on

5 the date on which the COO transmits the fee sched6 ule to the Congress under this section, and—

7 ‘‘(A) which does not have a preamble;

8 ‘‘(B) the matter after the resolving clause

9 of which is as follows: ‘That Congress dis10 approves the funding proposal submitted by the

11 ATS Chief Operating Officer established by 49

12 U.S.C. 44603 on lll ’, the blank space

13 being filled in with the appropriate date; and

14 ‘‘(C) the title of which is as follows: ‘Joint

15 resolution disapproving the ATS funding pro16 posal submitted by the ATS Chief Operating

17 Officer established by 49 U.S.C. 44603.’

18 ‘‘(2) A resolution described in paragraph (1) of

19 this subsection that is introduced in the House of

20 Representatives shall be referred to the Committee

21 on Transportation and Infrastructure of the House

22 of Representatives. A resolution described in para23 graph (1) of this subsection introduced in the Senate

24 shall be referred to the Committee on Commerce,

25 Science, and Transportation of the Senate.
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1 ‘‘(3) If the committee to which a resolution de2 scribed in paragraph (1) of this subsection is re3 ferred has not reported the resolution (or an iden4 tical resolution) by the end of the 30-day period be5 ginning on the date on which the fee schedule is

6 transmitted to Congress, the committee shall be, at

7 the end of such period, discharged from further con8 sideration of such resolution, and such resolution

9 shall be placed on the appropriate calendar of the

10 House involved.

11 ‘‘(d) CONSIDERATION.—

12 ‘‘(1) On or after the third day after the date on

13 which the committee to which a resolution is re14 ferred has reported, or has been discharged (under

15 subsection (c) of this section) from further consider16 ation of, such a resolution, it is in order (even

17 though a previous motion to the same effect has

18 been disagreed to) for any Member of the respective

19 House to move to proceed to the consideration of the

20 resolution. A Member may make the motion only on

21 the day after the calendar day on which the Member

22 announces to the House concerned the Member’s in23 tention to make the motion, except that, in the case

24 of the House of Representatives, the motion may be

25 made without such prior announcement if the mo-
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1 tion is made by direction of the committee to which

2 the resolution was referred. All points of order

3 against the resolution (and against consideration of

4 the resolution) are waived. The motion is highly

5 privileged in the House of Representatives and is

6 privileged in the Senate and is not debatable. The

7 motion is not subject to amendment, or to a motion

8 to postpone, or to a motion to proceed to the consid9 eration of other business. A motion to reconsider the

10 vote by which the motion is agreed to or disagreed

11 to shall not be in order. If a motion to proceed to

12 the consideration of the resolution is agree to, the

13 respective House shall immediately proceed to con14 sideration of the joint resolution without intervening

15 motion, order, or other business, and the resolution

16 shall remain the unfinished business of the respec17 tive House until disposed of.

18 ‘‘(2) Debate on the resolution, and on all debat19 able motions and appeals in connection therewith,

20 shall be limited to not more than 2 hours, which

21 shall be divided equally between those favoring and

22 those opposing the resolution. An amendment to the

23 resolution is not in order. A motion further to limit

24 debate is in order and not debatable. A motion to

25 postpone, or a motion to proceed to the consider-
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1 ation of other business, or a motion to recommit the

2 resolution is not in order. A motion to reconsider the

3 vote by which the resolution is agreed to or dis4 agreed to is not in order.

5 ‘‘(3) Immediately following the conclusion of

6 the debate on a resolution described in subsection

7 (c) of this section and a single quorum call at the

8 conclusion of the debate if requested in accordance

9 with the rules of the appropriate House, the vote on

10 final passage of the resolution shall occur.

11 ‘‘(4) Appeals from the decisions of the Chair12 person relating to the application of the rules of the

13 Senate or the House of Representatives, as the case

14 may be, to the procedure relating to a resolution de15 scribed in subsection (c) of this section shall be de16 cided without debate.

17 ‘‘(e) CONSIDERATION BY OTHER HOUSE.—

18 ‘‘(1) If, before the passage by one House of a

19 resolution of that House described in subsection (c)

20 of this section, that House receives from the other

21 House a resolution described in subsection (c), then

22 the following procedures shall apply:

23 ‘‘(A) The resolution of the other House

24 shall not be referred to a committee and may

25 not be considered in the House receiving it ex-
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1 cept in the case of final passage as provided

2 in clause (B)(ii) of this paragraph.

3 ‘‘(B) With respect to a resolution of the

4 House receiving the resolution—

5 ‘‘(i) the procedure in that House shall

6 be the same as if no resolution had been

7 received from the other House; but

8 ‘‘(ii) the vote on final passage shall be

9 on the resolution of the other House.

10 ‘‘(2) Upon disposition of the resolution received

11 from the other House, it shall no longer be in order

12 to consider the resolution that originated in the re13 ceiving House.

14 ‘‘(f) RULES OF THE SENATE AND HOUSE.—Sub15 sections (b)–(f) of this section are enacted by Congress—

16 ‘‘(1) as an exercise of the rulemaking power of

17 the Senate and House of Representatives, respec18 tively, and as such are deemed a part of the rules

19 of each House, respectively, but applicable only with

20 respect to the procedure to be followed in that

21 House in the case of a resolution describe in sub22 section (a) of this section, and it supersedes other

23 rules only to the extent that it is inconsistent with

24 such rules; and
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1 ‘‘(2) with full recognition of the constitutional

2 right of either House to change the rules (so far as

3 relating to the procedure of that House) at any time,

4 in the same manner, and to the same extent as in

5 the case of any other rule of that House.

6 ‘‘(g) CERTIFICATION OF DELAY.—In the event that

7 the COO is unable to transmit to Congress by March 1,

8 2001, the initial schedule of fees or charges imposed under

9 this subchapter, the COO shall certify to Congress the

10 basis for the delay and shall advise Congress of the earliest

11 practicable date for compliance with the notice and review

12 requirements of this section.’’.

13 ‘‘(b) CONFORMING AMENDMENTS.—

14 ‘‘(1) Section 45303(c) is amended by striking

15 ‘‘Administration,’’ the first place it appears and sub16 stituting ‘‘Administration (other than under section

17 45305 and Subchapter II of this chapter),’’.

18 ‘‘(2) The analysis of chapter 453 is amended to

19 read as follows:

‘‘SUBCHAPTER I—GENERAL REQUIREMENTS

‘‘45301. General provisions.

‘‘45302. Fees involving aircraft not providing air transportation.

‘‘45303. Administrative provisions.

‘‘45304. Maximum fee for private person services.

‘‘45305. Transitional User Fee Authority.

‘‘SUBCHAPTER II—AIR TRAFFIC SERVICES

‘‘45331. Air traffic service fees.

‘‘45332. Fees for international aircraft movements.

‘‘45333. Collection of fees.

‘‘45334. Initial imposition of fees; Congressional review procedure.’’.
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1 SEC. 505. FINANCING A PERFORMANCE BASED ORGANIZA2 TION FOR AIR TRAFFIC SERVICES.

3 (a) Subtitle VII is amended by inserting after chapter

4 482 the following:

5 ‘‘CHAPTER 483—FINANCING A PERFORMANCE

6 BASED ORGANIZATION FOR AIR TRAFFIC

7 SERVICES

‘‘§ 48301. Deposit and use of ATS fees

‘‘§ 48302. Authorization of appropriations

8 ‘‘§ 48301. Deposit and use of ATS fees

9 ‘‘(a) DEPOSITS TO AIRPORT AND AIRWAY TRUST

10 FUND.—There shall be deposited into the Airport and Air11 way Trust Fund (26 U.S.C. 9502)—

12 ‘‘(1) fees and amounts collected under sub13 chapter II of chapter 453 of this title;

14 ‘‘(2) fees collected under section 45305; and

15 ‘‘(3) any other amounts the ATS is authorized

16 to collect.

17 ‘‘(b) EXPENDITURES OF FUNDS DEPOSITED.—

18 ‘‘(1) The funds deposited under subsection (a)

19 shall be available without fiscal-year limitation for

20 the payment of all obligations that the performance21 based organization for air traffic services established

22 by section 44602 of this title (hereinafter referred to

23 as the ATS) incurs in carrying out its functions,

24 powers, and duties under chapter 446 of this title.
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1 ‘‘(2) Deposits under subsection (a) are available

2 to the extent and in the amounts provided for by ap3 propriations acts.

4 ‘‘§ 48302. Authorization of appropriations

5 ‘‘(a) GENERAL.—On and after May 15, 2001, there

6 is authorized to be appropriated without fiscal-year limita7 tion to the performance-based organization for air traffic

8 services established by section 44602 of this title (herein9 after referred to as the ATS) the amounts set forth in

10 subsections (b), (c), and (d) of this section, to carry out

11 powers, functions, and duties established under chapter

12 446 of this title.

13 ‘‘(b) AIR TRAFFIC USER FEES.—In each of fiscal

14 years 2001–2004, there is authorized to be appropriated

15 from the Airport and Airway Trust Fund an amount from

16 fees and charges collected as may be necessary for each

17 of fiscal years 2001–2004.

18 ‘‘(c) GENERAL AVIATION FUEL TAXES.—In each of

19 fiscal years 2001–2004, there is authorized to be appro20 priated from the Airport and the Airway Trust Fund

21 amounts equivalent to the amounts paid after May 15,

22 2001, in respect of aviation fuels, including gasoline, used

23 in non-commercial aircraft under sections 4041(c), 4081,

24 and 4091 of title 26, United States Code (26 U.S.C.

25 4041(c), 4081, 4091).
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1 ‘‘(d) OTHER FUNDING.—In each of fiscal years

2 2001–2004, there is authorized to be appropriated from

3 the Airport and the Airway Trust Fund such sums as may

4 be necessary for each fiscal years 2001–2004.’’.

5 (b) CONFORMING AMENDMENT.—The analysis of

6 Subtitle VII is amended by adding the following after the

7 entry for chapter 482:

‘‘CHAPTER 483. FINANCING A PERFORMANCE BASED

ORGANIZATION FOR AIR TRAFFIC SERVICES 48301’’.

8 SEC. 506. ADJUSTMENT OF CERTAIN AVIATION EXCISE

9 TAXES.

10 (a) IN GENERAL.—On the date on which the Budget

11 of the United States Government is transmitted to Con12 gress in 2000, and on that date in each year thereafter,

13 if the sum of revenue from fees projected to be collected

14 under section 45305 and subchapter II of this title in the

15 upcoming fiscal year and amounts equivalent to excise

16 taxes projected to be credited to the Airport and Airway

17 Trust Fund in that fiscal year does not equal the budg18 etary requirements for the Federal Aviation Administra19 tion for the succeeding year, as shown in the Budget of

20 the United States Government for the upcoming fiscal

21 year, aviation excise taxes that would otherwise be im22 posed in the upcoming fiscal year shall be adjusted as fol23 lows:
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1 (1) PASSENGER TICKET TAX.—The rate of tax

2 imposed under section 4261(a) of the Internal Reve3 nue Code of 1986 (26 U.S.C. 4261(a)) is adjusted

4 pursuant to the calculation made for each fiscal year

5 under subsection (b) of this section.

6 (2) INTERNATIONAL ARRIVALS AND DEPAR7 TURES.—The rate of tax imposed under section

8 4261(c) of the Internal Revenue Code of 1986 (26

9 U.S.C. 4261(c)) is adjusted pursuant to the calcula10 tion made for each fiscal year under subsection (b)

11 of this section.

12 (3) AIR CARGO.—The rate of tax imposed under

13 section 4271 of the Internal Revenue Code of 1986

14 (26 U.S.C. 4271) is adjusted pursuant to the cal15 culation made for each fiscal year under subsection

16 (b) of this section.

17 (4) DOMESTIC PASSENGER FLIGHT SEG18 MENTS.—The rate of tax imposed under section

19 4261(b) of the Internal Revenue Code of 1986 (26

20 U.S.C. 4261(b)) is adjusted pursuant to the calcula21 tion made for each fiscal year under subsection (b)

22 of this section.

23 (5) PASSENGER TICKET TAX AT RURAL AIR24 PORTS.—The rate of tax imposed under section

25 4261(e)(1) of the Internal Revenue Code of 1986
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1 (26 U.S.C. 4261(e)(1)) is adjusted pursuant to the

2 calculation made for each fiscal year under sub3 section (b) of this section.

4 (6) FREQUENT FLYER TAX.—The rate of tax

5 imposed under section 4261(e)(3) of the Internal

6 Revenue Code of 1986 (26 U.S.C. 4261(e)(3)) is ad7 justed pursuant to the calculation made for each fis8 cal year under subsection (b) of this section.

9 (7) COMMERCIAL AVIATION FUEL TAX.—The

10 rate of tax not exempted under section 4291(b)(2)

11 of the Internal Revenue Code of 1986 (26 U.S.C.

12 4291(b)(2)) is adjusted pursuant to the calculation

13 made for each fiscal year under subsection (b) of

14 this section.

15 (b) CALCULATION.—On the date on which the Budg16 et of the United States Government is transmitted to Con17 gress in 2000, and on that date in each year thereafter,

18 the Secretary of the Treasury, in consultation with the

19 Secretary of Transportation, shall calculate a percent fig20 ure for the upcoming fiscal year as follows:

21 (1) The Secretary of the Treasury shall esti22 mate the budgetary requirements for the Federal

23 Aviation Administration for the succeeding fiscal

24 year based on the Budget of the United States Gov25 ernment.
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1 (2) The Secretary of the Treasury shall esti2 mate the mount of user fees imposed under 49

3 U.S.C. 45305, 45331, and 45332 to be collected for

4 the upcoming fiscal year.

5 (3) The Secretary of the Treasury shall esti6 mate the receipts in the upcoming fiscal year from

7 taxes that, but for this section, would be imposed

8 under sections 4261(a) (passenger ticket tax),

9 4261(c) (international arrivals and departures),

10 4271 (transportation of property) of the Internal

11 Revenue Code of 1986, 4261(b) (domestic passenger

12 flight segments), 4261(e)(1) (passenger ticket tax13 rural airports), and 4261(e)(3) (frequent flyer tax).

14 (4) On the date on which the Budget of the

15 United States Government is transmitted to Con16 gress in 2002, and on that date in each year there17 after, the Secretary of Treasury shall calculate the

18 amount that actual budget resources, in the fiscal

19 year that is one year earlier than the current year,

20 and user fee and tax receipts credited to the Airport

21 and Airway Trust Fund, in the fiscal year that is

22 two years earlier than the current year, varied from

23 the amounts projected in the calculation previously

24 made for the fiscal year that is two years earlier

25 than the current year under this subsection or sec-
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1 tion 45305(d). The resulting positive or negative

2 amount shall be added to the estimated amount cal3 culated under paragraph (3).

4 (5) The Secretary of the Treasury shall sub5 tract the amount calculated under paragraph (2)

6 from the amount calculated under paragraph (1)

7 and divide that result by the amount calculated

8 under paragraph (3), after any adjustment under

9 paragraph (4). If the result is less than 1, subtract

10 the resulting percentage from 100 percent. The per11 cent that taxes are to be reduced for the upcoming

12 fiscal year under subsection (a) is the result of this

13 calculation. If the result is greater than 1, subtract

14 1 from the result. The percent that taxes are to be

15 increased for the upcoming fiscal year under sub16 section (a) is the result of this calculation.

17 TITLE VI—FAMILY ASSISTANCE

18 SEC. 601. RESPONSIBILITIES OF NATIONAL TRANSPOR19 TATION SAFETY BOARD.

20 (a) PROHIBITION ON UNSOLICITED COMMUNICA21 TIONS.—

22 (1) IN GENERAL.—Section 1136(g)(2) is

23 amended—

24 (A) by inserting after ‘‘transportation,’’

25 the following: ‘‘and in a case involving a foreign
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1 air carrier and an accident that occurs within

2 the United States,’’;

3 (B) by inserting after ‘‘attorney’’ the fol4 lowing: ‘‘(including any associate, agent, em5 ployee, or other representative of the attor6 ney)’’; and

7 (C) by striking ‘‘30th day’’ and inserting

8 ‘‘45th day’’.

9 (2) ENFORCEMENT.—

10 (A) Section 1113(a)(4) is amended by

11 striking ‘‘Board,’’ and substituting ‘‘Board, or

12 takes an action prohibited by section 1136(g) of

13 this title,’’.

14 (B) Section 1151 is amended by inserting

15 ‘‘1136(g),’’ before ‘‘or 1155(a)’’ each place it

16 appears.

17 (b) PROHIBITION ON ACTIONS TO PREVENT MENTAL

18 HEALTH AND COUNSELING SERVICES.—Section 1136(g)

19 is amended by adding at the end the following:

20 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

21 MENTAL HEALTH AND COUNSELING SERVICES.—No

22 State or political subdivision may prevent the em23 ployees, agents, or volunteers of an organization des24 ignated to assist at an accident under subsection

25 (a)(2) from providing mental health and counseling
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1 services under subsection (c)(1) in the 30-day period

2 beginning on the date of the accident. The director

3 of family support services designated for the acci4 dent under subsection (a)(1) may extend such period

5 for not to exceed an additional 30 days if the direc6 tor determines that the extension is necessary to

7 meet the needs of the families and if State and local

8 authorities are notified of the determination.’’.

9 (c) INCLUSION OF NON-REVENUE PASSENGERS IN

10 FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is

11 amended to read as follows:

12 ‘‘(2) PASSENGER.—The term ‘passenger’

13 includes—

14 ‘‘(A) an employee of an air carrier or for15 eign air carrier aboard an aircraft; and

16 ‘‘(B) any other person aboard the aircraft

17 without regard to whether the person paid for

18 the transportation, occupied a seat, or held a

19 reservation for the flight.’’.

20 (d) LIMITATION ON STATUTORY CONSTRUCTION.—

21 Section 1136 is amended by adding at the end the follow22 ing:

23 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

24 Nothing in this section may be construed as limiting the

25 actions that an air carrier may take, or the obligations
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1 that an air carrier may have, in providing assistance to

2 the families of passengers involved in an aircraft acci3 dent.’’.

4 (e) FAMILY SUPPORT CLARIFICATIONS.—

5 (1) Section 1136(c)(4) is amended by deleting

6 ‘‘, government agencies, and the air carrier or for7 eign air carrier involved’’.

8 (2) The phrase ‘‘family affairs’’ is substituted

9 for ‘‘family support services’’ wherever it appears in

10 sections 1136, 41113, and 41313.

11 SEC. 602. AIR CARRIER PLANS.

12 (a) CONTENTS OF PLANS.—

13 (1) FLIGHT RESERVATION INFORMATION.—Sec14 tion 41113(b) is amended by adding at the end the

15 following:

16 ‘‘(14) An assurance that, upon request of the

17 family of a passenger, the air carrier will inform the

18 family of the status of the review of the verification

19 of the passenger manifest, including whether the

20 passenger’s name appeared on a preliminary pas21 senger manifest for the flight involved in the acci22 dent.’’.

23 (2) TRAINING OF EMPLOYEES AND AGENTS.—

24 Section 41113(b) is further amended by adding at

25 the end the following:
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1 ‘‘(15) An assurance that the air carrier will

2 provide adequate training to the employees and

3 agents of the carrier to meet the needs of survivors

4 and family members following an accident.’’.

5 (3) SUBMISSION OF UPDATED PLANS.—The

6 amendments made by paragraphs (1) and (2) shall

7 take effect on the 180th day following the date of

8 enactment of this Act. On or before such 180th day,

9 each air carrier holding a certificate of public con10 venience and necessity under section 41102 of title

11 49, United States Code, shall submit to the Sec12 retary of Transportation and the Chairman of the

13 National Transportation Safety Board an updated

14 plan under section 41113 of such title that meets

15 the requirement of the amendments made by para16 graphs (1) and (2).

17 (4) CONFORMING AMENDMENTS.—Section

18 41113 is amended—

19 (A) in subsection (a) by striking ‘‘Not later

20 than 6 months after the date of the enactment

21 of this section, each air carrier’’ and inserting

22 ‘‘Each air carrier’’; and

23 (B) in subsection (c) by striking ‘‘After the

24 date that is 6 months after the date of the en-
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1 actment of this section, the Secretary’’ and in2 serting ‘‘The Secretary’’.

3 (b) LIMITATION ON LIABILITY.—Section 41113(d) is

4 amended by inserting ‘‘, or in providing information con5 cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.

6 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

7 Section 41113 is amended by adding at the end the follow8 ing:

9 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

10 Nothing in this section may be construed as limiting the

11 actions that an air carrier may take, or the obligations

12 that an air carrier may have, in providing assistance to

13 the families of passengers involved in an aircraft acci14 dent.’’.

15 (d) CONSULTATION ON CARRIER RESPONSE NOT

16 COVERED BY A PLAN.—Section 41113(c), as amended by

17 this section, is further amended by striking ‘‘of such appli18 cation’’ and all that follows and substituting the following:

19 ‘‘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

23 air carrier volunteers assistance to United States

24 citizens within the United States in the case of an

25 aircraft 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 assistance.’’.

4 SEC. 603. FOREIGN AIR CARRIER PLANS.

5 (a) INCLUSION OF NON-REVENUE PASSENGERS IN

6 FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is

7 amended to read as follows:

8 ‘‘(2) PASSENGER.—The term ‘passenger’ has

9 the meaning given such term by section 1136 of this

10 title.’’.

11 (b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—

12 Section 41313(b) is amended by striking ‘‘significant’’ and

13 inserting ‘‘major’’.

14 (c) CONTENTS OF PLANS.—

15 (1) IN GENERAL.—Section 41313(c) is amend16 ed by adding at the end the following:

17 ‘‘(15) An assurance that, upon request of the

18 family of a passenger, the air carrier will inform the

19 family of the status of review of the verification of

20 the passenger manifest, including whether the pas21 senger’s name appeared on a preliminary passenger

22 manifest for the flight involved in the accident.

23 ‘‘(16) An assurance that the foreign air carrier

24 will 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 (2) SUBMISSION OF UPDATED PLANS.—The

4 amendment made by paragraph (1) shall take effect

5 on the 180th day following the date of enactment of

6 this Act. On or before such 180th day, each foreign

7 air carrier providing foreign air transportation under

8 chapter 413 of title 49, United States Code, shall

9 submit to the Secretary of Transportation and the

10 Chairman of the National Transportation Safety

11 Board an updated plan under section 41313 of such

12 title that meets the requirement of the amendment

13 made by paragraph (1).

14 (d) CONSULTATION ON CARRIER RESPONSE NOT

15 COVERED BY A PLAN.—Section 431313(d) is amended by

16 striking ‘‘request for exemption’’ and all that follows and

17 inserting the following: ‘‘request for exemption—

18 ‘‘(1) a plan that meets the requirements of sub19 section (c); and

20 ‘‘(2) an agreement that, in the event that the

21 foreign air carrier volunteers assistance to United

22 States citizens within the United States in the case

23 of an aircraft accident outside the United States in24 volving major loss of life, the foreign air carrier will
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1 consult with the Board and the Department of State

2 on the provision of assistance.’’.

3 SEC. 604. APPLICABILITY OF DEATH ON THE HIGH SEAS

4 ACT.

5 (a) IN GENERAL.—Section 40120(a) is amended by

6 inserting ‘‘(including the Act entitled ‘An Act relating to

7 the maintenance of actions for death on the high seas and

8 other navigable waters’, approved March 30, 1920, com9 monly known as the Death on the High Seas Act (46

10 U.S.C. App. 761–767; 41 Stat. 537–538))’’ after ‘‘United

11 States’’.

12 (b) APPLICABILITY.—The amendment made by sub13 section (a) applies to civil actions commenced after the

14 date of enactment of this Act and to civil actions that are

15 not adjudicated by a court of original jurisdiction or set16 tled on or before such date of enactment.

17 TITLE VII—PASSENGER SERVICE

18 AVAILABILITY; MAIL RATES

19 SEC. 701. NON-DISCRIMINATION IN AIRLINE TRAVEL.

20 (a) Section 41310(a) is amended by redesignating the

21 existing paragraph as paragraph 41310(a)(1).

22 (b) Section 41310(a)(1), as redesignated, is amended

23 by striking ‘‘person,’’.

24 (c) Section 41310(a) is further amended by adding

25 the following at the end:
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1 ‘‘(2) An air carrier or foreign air carrier may

2 not subject a person in foreign air transportation to

3 unreasonable discrimination, including discrimina4 tion on the basis of race, color, national origin, reli5 gion, or sex.

6 ‘‘(3) Subject to the restriction of section

7 40105(b) of this title, in providing foreign air trans8 portation, a foreign air carrier may not discriminate

9 against an otherwise qualified individual on the fol10 lowing grounds:

11 ‘‘(A) the individual has a physical or men12 tal impairment that substantially limits one or

13 more major life activities.

14 ‘‘(B) the individual has a record of such

15 impairment.

16 ‘‘(C) the individual is regarded as having

17 such an impairment.’’.

18 (d) Section 41702 is amended by redesignating the

19 existing text as subsection 41702(a), with ‘‘SAFE AND

20 ADEQUATE AIR TRANSPORTATION’’ as the caption.

21 (e) Section 41702 is further amended by adding the

22 following at the end:

23 ‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air

24 carrier may not subject a person in interstate air transpor25 tation to unreasonable discrimination, including discrimi-
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1 nation on the basis of race, color, national origin, religion,

2 or sex.’’.

3 (f) Section 46107 is amended by adding the following

4 new subsection at the end:

5 ‘‘(d) CIVIL ACTIONS TO ENFORCE SECTIONS

6 41310(a)(2), 41310(a)(3), 41702(b), 41702(b), AND

7 41705.—

8 ‘‘(1) The Attorney General may act to enforce

9 sections 41310(a)(2), 41310(a)(3), 41702(b), and

10 41705 of this title by instituting a civil proceeding

11 seeking damages for persons injured as a result of

12 past violations of those sections and for preventive

13 relief, including an application for a permanent or

14 temporary injunction, restraining order or other

15 order, whenever the Attorney General—

16 ‘‘(A) determines that the matters alleged

17 are of general public importance or where there

18 is evidence of a pattern or practice of discrimi19 nation; or

20 ‘‘(B) agrees with the Secretary of Trans21 portation’s referral of a complaint alleging a

22 violation of sections 41310(a)(2), 41310(a)(3),

23 41702(b), or 41705 filed with the Department

24 of Transportation.
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1 ‘‘(2) Prior to instituting any action authorized

2 by this paragraph, the Attorney General shall pursue

3 alternate methods of dispute resolution in an at4 tempt to resolve the matter.’’.

5 (g) Section 46301(a) is amended by adding the fol6 lowing new section 46301(a)(7):

7 ‘‘(7) Notwithstanding paragraph (1), the maxi8 mum civil penalty for violating sections 41310(a)(2),

9 41310(a)(3), 41702(b), or 41705 shall be $10,000

10 instead of $1,000.’’.

11 (h)(1) Chapter 461 is amended by adding the follow12 ing at the end:

13 ‘‘§ 46111. Enforcement of discrimination provisions

14 by interested persons

15 ‘‘(a) CIVIL ACTIONS.—Whenever a person has en16 gaged, or there are reasonable grounds to believe that a

17 person is about to engage, in any act or practice prohibited

18 by sections 41310(a)(2), 41310(a)(3), 41702(b), or 41705

19 of this title, a civil action for damages, for past activity,

20 and for preventive relief, including an application for a

21 permanent or temporary injunction, restraining order, or

22 other order, may be instituted by the person aggrieved

23 and, upon timely application, the court may, in its discre24 tion, permit the Attorney General to intervene in such civil
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1 action if the Attorney General certifies that the case is

2 of general public importance.

3 ‘‘(b) ATTORNEY’S FEES.—In any action commenced

4 under sections 41310(a)(2), 41310(a)(3), 41702(b), or

5 41705 of this title, the court, in its discretion, may allow

6 the prevailing party, other than the United States, a rea7 sonable attorney’s fee as part of the costs.’’.

8 (2) The analysis for Chapter 461 is amended by

9 the addition at the end of the following:

‘‘46111. Enforcement of discrimination provisions by interested persons.’’.

10 SEC. 702. AIRLINE SERVICE RESTORATION PILOT PRO11 GRAM.

12 (a) Chapter 417 is amended by adding the following

13 at the end:

14 ‘‘SUBCHAPTER III—AIRLINE SERVICE

15 RESTORATION

16 ‘‘§ 41761. Pilot program project authority

17 ‘‘(a) GENERAL.—The Secretary of Transportation

18 shall establish a pilot program to assist communities and

19 states with inadequate access to the national transpor20 tation system to improve their access to the system.

21 ‘‘(b) PROJECT AUTHORITY.—Under the pilot pro22 gram established under subsection (a), the Secretary

23 may—

24 ‘‘(1) provide financial assistance by way of

25 grants to small communities under this chapter; and
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1 ‘‘(2) take such other action as may be appro2 priate.

3 ‘‘(c) OTHER ACTION.—Under the pilot program es4 tablished under subsection (a), the Secretary may facili5 tate service by—

6 ‘‘(1) working with airports and air carriers to

7 ensure that appropriate facilities are made available

8 at an essential airport facility, as defined in section

9 41717 of this title;

10 ‘‘(2) requiring interline or joint-fare agreements

11 between air carriers for domestic United States serv12 ice if necessary to facilitate access to an essential

13 airport facility, as defined in section 41717 of this

14 title, for participants in the program, subject to the

15 right of a carrier being required to enter into such

16 agreements to impose reasonable safety, service, and

17 other obligations on the potential partner;

18 ‘‘(3) collecting data on air carrier service to

19 small communities; and

20 ‘‘(4) providing policy recommendations to stim21 ulate air service and competition to small commu22 nities.

23 ‘‘§ 41762. Assistance to communities for service

24 ‘‘(a) GENERAL.—
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1 ‘‘(1) Financial assistance provided under this

2 subchapter as part of the pilot program established

3 under section 41761(a) shall be implemented at any

4 time for not more than—

5 ‘‘(A) four communities within a state; and

6 ‘‘(B) 40 communities in the entire pro7 gram.

8 ‘‘(2) In this section, a ‘community’ includes a

9 group or consortium of communities acting as a sin10 gle applicant.

11 ‘‘(b) ELIGIBILITY.—To participate in a pilot project

12 under this subchapter, a state, community, or group of

13 communities shall apply to the Secretary in such form and

14 at such time, and shall supply such information, as the

15 Secretary may require, and shall demonstrate to the satis16 faction of the Secretary that—

17 ‘‘(1) the applicant has an identifiable need for

18 access, or improved access, to the national air trans19 portation system that would benefit the public;

20 ‘‘(2) the pilot project will provide material bene21 fits to a broad section of the traveling public, busi22 nesses, educational institutions, and other enter23 prises whose access to the national air transpor24 tation system is limited;
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1 ‘‘(3) the pilot project will not impede competi2 tion; and

3 ‘‘(4) the applicant has established, or will estab4 lish, public-private partnerships in connection with

5 the pilot project to facilitate service to the public;

6 and

7 ‘‘(5) the pilot project will not impose adverse

8 environmental impacts.

9 ‘‘(c) COORDINATION WITH SUBCHAPTER II.—The

10 Secretary shall carry out this subchapter in such a manner

11 as to complement action taken under subchapter II of this

12 chapter. To the extent the Secretary determines to be ap13 propriate, the Secretary may adopt criteria for implemen14 tation of this subchapter that are the same as, or similar

15 to, the criteria developed under subchapter II for deter16 mining which airports are eligible under that subchapter.

17 ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The Sec18 retary shall structure the program established under sec19 tion 41761(a) in a way designed to—

20 ‘‘(1) permit the participation of the maximum

21 feasible number of communities over a 5-year period

22 by limiting the number of years of participation or

23 otherwise; and
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1 ‘‘(2) obtain the greatest possible leverage from

2 the financial resources available to the Secretary and

3 the applicant by—

4 ‘‘(A) progressively decreasing, on a project5 by-project basis, any federal financial incentives

6 provided under this chapter over the 5-year pe7 riod; and

8 ‘‘(B) terminating as early as feasible fed9 eral financial incentives for any project deter10 mined by the Secretary after its implementation

11 to be—

12 ‘‘(i) viable without further support

13 under this subchapter; or

14 ‘‘(ii) failing to meet the purposes of

15 this chapter or criteria established by the

16 Secretary under the pilot program.

17 ‘‘(e) SUCCESS BONUS.—If federal financial incentives

18 to a community are terminated under subparagraph

19 (d)(2)(B) because of the success of the program in that

20 community, then that community may receive a one-time

21 incentive grant to ensure the continued success of the pro22 gram.

23 ‘‘(f) PROGRAM TO TERMINATE IN 5 YEARS.—No new

24 financial assistance may be provided under this sub25 chapter for any fiscal year beginning more than 5 years
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1 after the date of enactment of authorizations for this sub2 chapter.

3 ‘‘(g) LIMITS ON FINANCIAL ASSISTANCE.—The Sec4 retary may not provide financial assistance under this sub5 chapter to a community in a fiscal year in excess of the

6 lesser of—

7 ‘‘(1) up to 75 percent of the total annual finan8 cial assistance involved in the service; or

9 ‘‘(2) $500,000.

10 ‘‘§ 41763. Additional authority

11 ‘‘In carrying this subchapter, the Secretary—

12 ‘‘(1) may provide assistance to states and com13 munities in the design and application phase of any

14 project under this chapter, and oversee the imple15 mentation of any such project;

16 ‘‘(2) may assist states and communities in put17 ting together projects under this chapter to utilize

18 private sector resources, other Federal resources, or

19 a combination of public and private resources;

20 ‘‘(3) may accord priority to service by jet air21 craft;

22 ‘‘(4) may take such action as may be necessary

23 to ensure that financial resources, facilities, and ad24 ministrative arrangements made under this chapter
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1 are used to carry out the purpose of this subchapter;

2 and

3 ‘‘(5) shall work with the Federal Aviation Ad4 ministration on airport and air traffic control needs

5 of communities in the program.

6 ‘‘§ 41764. Authorization of appropriations

7 ‘‘(a) GENERAL.—There is authorized to be appro8 priated not more than $25,000,000 from fiscal year 2001

9 through 2005 to carry out this subchapter.

10 ‘‘(b) SUCCESS BONUS.—If the Secretary determines

11 that the program carried out under this subchapter is suc12 cessful in providing enhanced air carrier service to small

13 communities, there is authorized to be appropriated an ad14 ditional amount, not in excess of $5,000,000, for each of

15 fiscal years 2004 and 2005 to carry out this subchapter

16 out of the funds.’’.

17 (b) The analysis for Chapter 417 is amended by the

18 addition at the end of the following:

‘‘SUBCHAPTER III—AIRLINE SERVICE RESTORATION

‘‘41761. Pilot program project authority.

‘‘41762. Assistance to communities for service.

‘‘41763. Additional authority.

‘‘41764. Authorization of appropriations.’’.

19 SEC. 703. WAIVER OF LOCAL CONTRIBUTION.

20 Section 41736(b)(4) is amended by inserting ‘‘in the

21 case of a community approved for service under this sec-
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1 tion before October 1, 1991, or after December 31, 1997,’’

2 before ‘‘the State or’’.

3 SEC. 704. JOINT FARES AND INTERLINE AGREEMENTS.

4 (a) Subchapter I of chapter 417 is amended by add5 ing at the end the following:

6 ‘‘§ 41717. Joint fares and interline agreements for do7 mestic transportation

8 ‘‘(a) DEFINITIONS.—In this section—

9 ‘‘(1) QUALIFYING AIR CARRIER.—The term

10 ‘qualifying air carrier’ means an air carrier that op11 erates under a certificate of public convenience and

12 necessity under chapter 411 of this title.

13 ‘‘(2) UNDER-SERVED MARKET.—The term

14 ‘under-served market’ means a commercial service

15 airport that is a nonhub airport (as defined in sec16 tion 41731 of this title), a small hub airport (as de17 fined in section 41731 of this title), or an airport

18 that is smaller than a small hub airport.

19 ‘‘(3) ESSENTIAL AIRPORT FACILITY.—The term

20 ‘essential airport facility’ means at large hub airport

21 (as defined in section 41731 of this title) in the con22 tiguous 48 states at which one carrier has more than

23 50 percent of total annual enplanements.

24 ‘‘(b) SECRETARY MAY COMPEL JOINT FARE STRUC25 TURE.—If the Secretary of Transportation determines
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1 that it is necessary to facilitate service to a small commu2 nity, the Secretary, may require an air carrier that serves

3 an essential airport facility to enter into a joint-fare or

4 interline agreement, that the Secretary determines is rea5 sonable, with a qualifying air carrier that serves an under6 served market to facilitate air transportation in the mar7 ket.’’.

8 (b) The analysis for subchapter I of chapter 417 is

9 amended by inserting at the end the following:

‘‘41717. Joint fares and interline agreements for domestic transportation.’’.

10 SEC. 705. POLICY FOR AIR SERVICE TO RURAL AREAS.

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

12 the following:

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

14 the United States, including those in small commu15 nities and rural and remote areas, have access to af16 fordable, regularly scheduled air service.

17 ‘‘(17) ensuring that slots provided to air car18 riers to provide small community air service are

19 withdrawn if the carrier fails to provide the serv20 ice.’’.

21 SEC. 706. CLARIFICATION OF AIR CARRIER CODESHARING

22 OBLIGATIONS.

23 Section 41739 is amended to read as follows:
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1 ‘‘§ 41739. Air carrier obligations

2 ‘‘If at least 2 air carriers make an agreement to oper3 ate under or use a single carrier designator code to provide

4 air transportation, the carrier whose code is being used

5 shares responsibility with the other carriers for the level

6 and quality of transportation provided the public under

7 the code by the other carriers, including providing full

8 service at Essential Air Service communities under sub9 chapter II of this chapter.’’.

10 SEC. 707. REPEAL OF MAIL RATE-SETTING AUTHORITY.

11 (a) Effective December 31, 1998, section 4(k) of the

12 Act of July 5, 1994 (Public Law 103–272, 108 Stat.

13 1370), as amended by section 7(a)(3)(D) of the Act of

14 October 31, 1994 (Public Law 103–429, 108 Stat. 4329),

15 is repealed.

16 (b) Section 41901(a) is amended to read as follows:

17 ‘‘(a) TITLE 39.—The United States Postal Service

18 may provide for the transportation of mail by aircraft in

19 air transportation under this chapter and under chapter

20 54 of title 39.’’.

21 (c) In section 41902(b)

22 (1) strike clause (1);

23 (2) redesignate clauses (2), (3), and (4) as

24 clauses (1), (2), and (3), respectively; and

25 (3) in clause (2), as redesignated, strike

26 ‘‘clauses (1) and (2)’’ and substitute ‘‘clause (1)’’.
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1 (d) Section 41907(b) is repealed.

2 (e) Sections 41107, 41901(b), 41902(a), 41903(a),

3 and 41903(b) are amended by striking ‘‘in foreign air

4 transportation or’’.

5 (f) EFFECTIVE DATE.—The amendments made by

6 subsection (b)–(e) of this section take effect October 1,

7 2000.

8 SEC. 708. ACCESS TO HIGH DENSITY AIRPORTS.

9 (a) Effective September 30, 2004, the requirements

10 of Subparts K and S of Part 93 of title 14, Code of Fed11 eral Regulations, are of no force and effect at an airport

12 other than Ronald Reagan Washington National Airport.

13 The Secretary of Transportation is authorized to under14 take appropriate actions to effectuate an orderly termi15 nation of these requirements.

16 (b) Effective September 30, 2000, a two-engine jet

17 aircraft with a design capacity of 70 or fewer passenger

18 seats, manufactured after January 1, 1992, that has an

19 effective perceived noise level on takeoff not exceeding 83

20 decibels when measured according to the procedures speci21 fied in Part 36 of Title 14, Code of Federal Regulations,

22 shall not be subject to the requirements of Subparts K

23 and S of Part 93 of title 14, Code of Federal Regulations,

24 at an airport other than Ronald Reagan Washington

25 National Airport.
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1 TITLE VIII—TRANSFER OF AERO2 NAUTICAL CHARTING ACTIV3 ITY

4 SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

5 Effective October 1, 1999, there are transferred to

6 the Department of Transportation and vested in the Sec7 retary of Transportation the functions, powers, and duties

8 of the Secretary of Commerce and other officers of the

9 Department of Commerce that relate to the Office of

10 Aeronautical Charting and Cartography and are set forth

11 in 49 U.S.C. 304, as amended.

12 SEC. 802 TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

13 (a) Effective October 1, 1999, the Office of Aero14 nautical Charting and Cartography of the National Oce15 anic and Atmospheric Administration, Department of

16 Commerce, is transferred to the Department of Transpor17 tation.

18 (b) Effective October 1, 1999, the personnel em19 ployed in connection with, and the assets, liabilities, con20 tracts, property, equipment, facilities, records, and unex21 pended balance of appropriations, and other funds em22 ployed, held, used, arising from, available to, or to be

23 made available in connection with the function and offices,

24 or portions of offices, transferred by this Act, including

25 all Senior Executive Service positions, subject to section
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1 1531 of title 31, United States Code, are transferred to

2 the Secretary of Transportation for appropriate allocation.

3 Personnel employed in connection with functions trans4 ferred by this Act transfer under any applicable law and

5 regulation relating to transfer of functions. Unexpended

6 funds transferred under this section shall be used only for

7 the purposes for which the funds were originally author8 ized and appropriated, except that funds may be used for

9 expenses associated with the transfer authorized by this

10 Act.

11 SEC. 803. AMENDMENT TO TITLE 49, UNITED STATES CODE.

12 (a) Section 304 of title 49, United States Code, is

13 amended to read as follows:

14 ‘‘SEC. 304. AERONAUTICAL CHARTS AND RELATED PROD15 UCTS AND SERVICES.

16 ‘‘(a) GENERAL.—The Secretary of Transportation is

17 invested with and shall exercise, effective October 1, 1999,

18 the functions, powers, and duties of the Secretary of Com19 merce and other officers of the Department of Commerce

20 that relate to the Office of Aeronautical Charting and Car21 tography to provide aeronautical charts and related prod22 ucts and services for the safe and efficient navigation of

23 air commerce, under the following authorities:

24 ‘‘(1) 33 U.S.C. 883a–883j.

25 ‘‘(2) 44 U.S.C. 1307.
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1 ‘‘(3) Pub. L. 103–317, Title II.

2 ‘‘(b) AUTHORITY TO CONDUCT SURVEYS.—To pro3 vide aeronautical charts and related products and services

4 for the safe and efficient navigation of air commerce, and

5 to provide basic data for engineering and scientific pur6 poses and for other commercial and industrial needs, the

7 Secretary of Transportation is authorized to conduct the

8 following activities:

9 ‘‘(1) aerial and field surveys for aeronautical

10 charts.

11 ‘‘(2) other airborne and field surveys when in

12 the best interest of the United States Government.

13 ‘‘(3) acquiring, owning, operating, maintaining

14 and staffing aircraft in support of surveys.

15 ‘‘(c) ADDITIONAL AUTHORITY.—In order that full

16 public benefit may be derived from the dissemination of

17 data resulting from activities under this section and of re18 lated data from other sources, the Secretary of Transpor19 tation is authorized to conduct the following activities:

20 ‘‘(1) developing, processing, disseminating and

21 publishing of digital and analog data, information,

22 compilations, and reports;

23 ‘‘(2) compiling, printing, and disseminating

24 aeronautical charts and related products and serv-
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1 ices of the United States, its Territories, and posses2 sions.

3 ‘‘(3) compiling, printing, and disseminating

4 aeronautical charts and related products and serv5 ices covering international airspace as are required

6 primarily by United States civil aviation.

7 ‘‘(4) compiling, printing and disseminating non8 aeronautical navigational, transportation or public9 safety-related products and services when in the best

10 interests of the United States Government.

11 ‘‘(d) CONTRACT, COOPERATIVE AGREEMENTS,

12 GRANTS, AND OTHER AGREEMENTS.—

13 ‘‘(1) The Secretary of Transportation is author14 ized to contract with qualified organizations for the

15 performance of any part of the authorized functions

16 of the Office of Aeronautical Charting and Cartog17 raphy when the Secretary deems such procedure to

18 be in the public interest and will not compromise

19 public safety.

20 ‘‘(2) The Secretary of Transportation is author21 ized to enter into cooperative agreements, grants, re22 imbursable agreements, memoranda of understand23 ing and other agreements, with a State, subdivision

24 of a State, Federal agency, public or private organi-
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1 zation, or individual, to carry out the purposes of

2 this section.

3 ‘‘(e) SPECIAL SERVICES AND PRODUCTS.—

4 ‘‘(1) The Secretary of Transportation is author5 ized, at the request of a State, subdivision of a

6 State, federal agency, public or private organization,

7 or individual, to conduct special services, including

8 making special studies, or developing special publica9 tions or products on matters relating to navigation,

10 transportation or public safety.

11 ‘‘(2) The Secretary of Transportation shall as12 sess a fee for any special service provided under

13 paragraph (1). A fee shall be not more than the ac14 tual or estimated full cost of the service. A fee may

15 be reduced or waived for research organizations,

16 educational organizations, or non-profit organiza17 tions, when the Secretary of Transportation deter18 mines that reduction or waiver of the fee is in the

19 best interest of the United States Government by

20 furthering public safety.

21 ‘‘(f) SALE AND DISSEMINATION OF AERONAUTICAL

22 PRODUCTS; USE OF FEES.—

23 ‘‘(1) Aeronautical products created or main24 tained under the authority of this section shall be
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1 sold at prices established annually by the Secretary

2 of Transportation consistent with the following:

3 ‘‘(A) Subject to subparagraph (B), the

4 price of an aeronautical product sold to the

5 public shall be not more than necessary to re6 cover all costs attributable to—

7 (i) data base management and proc8 essing;

9 (ii) compilation;

10 (iii) printing or other types of repro11 duction; and

12 (iv) dissemination of the product.

13 ‘‘(B) The Secretary of Transportation

14 shall, in consultation with the Administrator of

15 the Federal Aviation Administration, adjust the

16 price of an aeronautical product and service

17 sold to the public as necessary to avoid any ad18 verse impact on aviation safety attributable to

19 the price specified under this paragraph.

20 ‘‘(C) A price established under this para21 graph may not include costs attributable to the

22 acquisition of aeronautical data.

23 ‘‘(2) The Secretary shall publish annually the

24 prices at which aeronautical products are sold to the

25 public.
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1 ‘‘(3) The Secretary of Transportation may dis2 tribute aeronautical products and provide aeronauti3 cal services—

4 ‘‘(A) without charge to each foreign gov5 ernment or international organization with

6 which the Secretary or a federal agency has an

7 agreement for exchange of these products or

8 services without cost;

9 ‘‘(B) at prices the Secretary establishes, to

10 the departments and officers of the United

11 States requiring them for official use; and

12 ‘‘(C) at reduced or no charge where, in the

13 judgment of the Secretary, furnishing the aero14 nautical product or service to a recipient is a

15 reasonable exchange for voluntary contribution

16 of information by the recipient to the activities

17 under this section.

18 ‘‘(4) The fees provided for in this subsection

19 are for the purpose of reimbursing the United States

20 Government for the costs of creating, printing and

21 disseminating aeronautical products and services

22 under this section. The collection of fees authorized

23 by this section does not alter or expand any duty or

24 liability of the Government under existing law for

25 the performance of functions for which fees are col-
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1 lected, nor does the collection of fees constitute an

2 express or implied undertaking by the Government

3 to perform any activity in a certain manner. Nothing

4 in this section or the Federal Aviation Administra5 tion Authorization Act of 1999 (the Act) shall be

6 construed to allow the Department of Transpor7 tation to retain any monies that, as of the date of

8 enactment of the Act, are required to be deposited

9 to the general fund of the Treasury.

10 ‘‘(g) AUTHORITY OF SECRETARY OF COMMERCE.—

11 Nothing in this section shall limit the Secretary of Com12 merce’s authority to conduct activities for the safe naviga13 tion of marine and air commerce.’’.

14 (b) Item 304 in the analysis of chapter 3 of title 49,

15 United States Code, is amended to read as follows:

‘‘Sec. 304. Aeronautical charts and related products and services.’’.

16 SEC. 804. SAVINGS PROVISION.

17 (a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—

18 All orders, determinations, rules, regulations, permits,

19 contracts, certificates, licenses, privileges, and financial

20 assistance that—

21 (1) have been issued, made, granted, or allowed

22 to become effective by the President of the United

23 States, the Secretary of Commerce, the National

24 Oceanic and Atmospheric Administration (NOAA)

25 Administrator, any federal agency or official thereof,
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1 or by a court of competent jurisdiction, in the per2 formance of functions which are transferred by this

3 Act; and

4 (2) are in effect on the date of transfer, shall

5 continue in effect according to their terms until

6 modified, terminated, superseded, set aside, or re7 voked in accordance with law by the President of the

8 United States, the Secretary of Transportation, a

9 court of competent jurisdiction, or by operation of

10 law.

11 (b) CONTINUED EFFECTIVENESS OF PENDING AC12 TIONS.—

13 (1) The provisions of this Act shall not affect

14 any proceedings, including notices of proposed rule15 making, or any application for any license, permit,

16 certificate, or financial assistance pending on the

17 date of transfer before the Department of Commerce

18 or the NOAA Administrator, or any officer thereof

19 with respect to functions transferred by this Act; but

20 such proceedings or applications, to the extent that

21 they relate to functions transferred, shall be contin22 ued in accord with transition guidelines promulgated

23 by the Secretary of Transportation under the au24 thority of this section. Orders issued in any such

25 proceeding shall continue in effect until modified,
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1 terminated, superseded, or revoked by the Secretary

2 of Transportation, by a court of competent jurisdic3 tion, or by operation of law. Nothing in this sub4 section prohibits the discontinuance or modification

5 of any such proceeding under the same terms and

6 conditions and to the same extent that such proceed7 ing could have been discontinued or modified if this

8 Act had not been enacted.

9 (2) The Secretary of Commerce, the NOAA Ad10 ministrator, and the Secretary of Transportation are

11 authorized to issue transition guidelines providing

12 for the orderly transfer of proceedings and otherwise

13 to accomplish the orderly transfer of functions, per14 sonnel and property under this Act.

15 (c) CONTINUED EFFECTIVENESS OF JUDICIAL AC16 TIONS.—No cause of action by or against the Department

17 of Commerce or the National Oceanic and Atmospheric

18 Administration with respect to functions transferred by

19 this Act, or by or against any officer thereof in the offi20 cial’s capacity, shall abate by reason of the enactment of

21 this Act. Causes of action and actions with respect to a

22 function or office transferred by this Act, or other pro23 ceedings may be asserted by or against the United States

24 or an official of the Department of Transportation, as may

25 be appropriate, and, in an action pending when this Act
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1 takes effect, the court may at any time, on its own motion

2 or that of any party, enter an order that will give effect

3 to the provisions of this subsection.

4 (d) SUBSTITUTION OR ADDITION OF PARTIES TO JU5 DICIAL ACTIONS.—If, on the date of transfer, the Depart6 ment of Commerce or the National Oceanic and Atmos7 pheric Administration, or any officer thereof in the offi8 cial’s capacity, is a party to an action, and under this Act

9 any function relating to the action of such Department,

10 Administration, or officer is transferred to the Depart11 ment of Transportation, then such action shall be contin12 ued with the Secretary of Transportation substituted or

13 added as a party.

14 (e) CONTINUED JURISDICTION OVER ACTIONS

15 TRANSFERRED.—Orders and actions of the Secretary of

16 Transportation in the exercise of functions transferred by

17 this Act shall be subject to judicial review to the same

18 extent and in the same manner as if such orders and ac19 tions had been by the Department of Commerce or the

20 National Oceanic and Atmospheric Administration, or any

21 office or officer thereof, in the exercise of such functions

22 immediately preceding their transfer.

23 (f) LIABILITIES AND OBLIGATIONS.—The Secretary

24 of Transportation shall assume all liabilities and obliga25 tions (tangible and incorporeal, present and executory) as-
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1 sociated with the functions transferred under this Act on

2 the date of transfer, including leases, permits, licenses,

3 contracts, agreements, claims, tariffs, accounts receivable,

4 accounts payable, financial assistance, and litigation relat5 ing to such obligations, regardless whether judgment has

6 been entered, damages awarded, or appeal taken.

7 SEC. 805. NATIONAL OCEAN SURVEY.

8 Title 33 of the United States Code is amended as

9 follows:

10 (1) Section 883a is amended by striking para11 graph (4) and renumbering the remaining para12 graphs accordingly.

13 (2) Section 883(a)(1) is amended to read as fol14 lows: ‘‘(1) Hydrographic, topographic and other

15 types of field surveys;’’

16 (3) Section 883b(4) is amended by deleting ‘‘of

17 the United States, its Territories, and possessions’’.

18 (4) Section 883b(6) is amended by deleting ‘‘for

19 the United States, its Territories, and possessions’’.

20 (5) Section 883b is amended by striking para21 graphs (3) and (5) and renumbering the remaining

22 paragraphs accordingly.

23 (6) Paragraph (1) of section 883e is amended

24 by inserting ‘‘, or any other agreements,’’ after ‘‘co-
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1 operative agreements’’, and before ‘‘with, and to re2 ceive and expend funds made available by,’’.

3 SEC. 806. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN4 ISTRATION: NAUTICAL AND AERONAUTICAL

5 PRODUCTS, SALE AND DISTRIBUTION.

6 Title 44 of the United States Code is amended as

7 follows:

8 (1) Section 1307 is amended by deleting ‘‘and

9 aeronautica’’ and ‘‘or aeronautical’’ wherever either

10 appears in the section.

11 (2) Section 1307(a)(2)(B) is amended by delet12 ing ‘‘aviation and’’ after ‘‘impact on’’.

13 (3) Section 1307(d) is amended by deleting

14 ‘‘aeronautical and’’ after ‘‘distributing’’.

15 TITLE IX—WHISTLEBLOWER

16 PROTECTION

17 SEC. 901. PROTECTION OF EMPLOYEES PROVIDING AIR

18 SAFETY INFORMATION.

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

20 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 EMPLOYEES.—No

6 person may discharge an employee or otherwise discrimi7 nate against an employee with respect to compensation,

8 terms, conditions, or privileges of employment because the

9 employee (or any person acting pursuant to a request of

10 the employee)—

11 ‘‘(1) notified his or her employer of an alleged

12 violation of this subtitle;

13 ‘‘(2) refused to operate aircraft or work when

14 operation would violate a regulation issued by the

15 Administrator of the Federal Aviation Administra16 tion under this subtitle, or because of a reasonable

17 apprehension of death or serious physical harm;

18 ‘‘(3) provided, caused to be provided, or is

19 about to provide or cause to be provided information

20 relating to air safety under this subtitle or any other

21 law of the United States;

22 ‘‘(4) has filed, caused to be filed, or is about to

23 file or cause to be filed a proceeding relating to air

24 carrier safety under this subtitle or any other law of

25 the United States;
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1 ‘‘(5) testified or is about to testify in such a

2 proceeding; or

3 ‘‘(6) assisted or participated or is about to as4 sist or participate in such a proceeding or in any

5 other action to carry out the purposes of this sub6 title.

7 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE8 DURE.—

9 ‘‘(1) FILING AND NOTIFICATION.—

10 ‘‘(A) A person who believes that he or she

11 has been discharged or otherwise discriminated

12 against by a person in violation of subsection

13 (a) may, not later than 180 days after the date

14 on which the violation occurs, file (or have any

15 person file on his or her behalf) a complaint

16 with the Secretary of Labor alleging the dis17 charge or discrimination.

18 ‘‘(B) Upon receipt of a complaint, the Sec19 retary shall notify the person named in the

20 complaint and the Administrator of the—

21 ‘‘(i) filing of the complaint;

22 ‘‘(ii) allegations contained in the com23 plaint; and

24 ‘‘(iii) opportunities that will be af25 forded to the person under paragraph (2).
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1 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—

2 ‘‘(A) The Secretary shall conduct an inves3 tigation and shall have the authority to issue

4 subpoenas. The Secretary may bring an action

5 in any appropriate United States district court

6 for the enforcement of subpoenas.

7 ‘‘(B) Not later than 60 days after receipt

8 of a complaint filed under paragraph (1) and

9 after providing the person named in the com10 plaint a notice of the substance of the evidence

11 supporting the complaint, an opportunity to

12 submit to the Secretary a written response to

13 the complaint, and an opportunity to meet with

14 a representative of the Secretary to present

15 statements from witnesses, the Secretary shall

16 determine whether there is reasonable cause to

17 believe that the complaint has merit and notify

18 the complainant and the person alleged to have

19 committed a violation of subsection (a) of the

20 Secretary’s findings.

21 ‘‘(C) If the Secretary concludes that there

22 is a reasonable cause to believe that a violation

23 of subsection (a) has occurred, the Secretary

24 shall accompany the Secretary’s findings with a
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1 preliminary order providing the relief prescribed

2 by paragraph (3)(B).

3 ‘‘(D) Not later than 30 days after the date

4 of notification of findings under this paragraph,

5 either the person alleged to have committed the

6 violation or the complainant may file objections

7 to the findings or preliminary order and request

8 a hearing before an administrative law judge on

9 the record. The filing of objections shall not op10 erate to stay any reinstatement remedy con11 tained in the preliminary order. Hearings shall

12 be conducted expeditiously.

13 ‘‘(E) If a hearing is not requested in the

14 30-day period, the preliminary order shall be

15 deemed a final order that is not subject to judi16 cial review.

17 ‘‘(3) FINAL ORDER.—

18 ‘‘(A) Not later than 120 days after the

19 date of the issuance of the decision of the ad20 ministrative law judge under paragraph (2), the

21 Secretary shall issue a final order providing the

22 relief prescribed by this paragraph or denying

23 the complaint. At any time before issuance of a

24 final order, a proceeding under this subsection

25 may be terminated on the basis of a settlement
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1 agreement entered into by the Secretary, the

2 complainant, and the person alleged to have

3 committed the violation.

4 ‘‘(B) If, in response to a complaint filed

5 under paragraph (1), the Secretary of Labor

6 determines that a violation of subsection (a)

7 has occurred, the Secretary of Labor shall order

8 the person who committed the violation to—

9 ‘‘(i) take appropriate remedial action

10 to abate the violation;

11 ‘‘(ii) reinstate the complainant to his

12 or her former position together with the

13 compensation (including back pay), terms,

14 conditions, and privileges associated with

15 his or her employment; and

16 ‘‘(iii) provide compensatory and exem17 plary damages to the complainant.

18 ‘‘(C) If an order is issued under this para19 graph, the Secretary, at the request of the com20 plainant, shall assess against the person against

21 whom the order is issued a sum equal to the ag22 gregate amount of all costs and expenses (in23 cluding attorneys’ and expert witness fees) rea24 sonably incurred, as determined by the Sec25 retary, by the complainant for, or in connection
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1 with, the bringing of the complaint upon which

2 the order was issued, including in a judicial

3 proceeding under paragraph (4).

4 ‘‘(4) REVIEW.—

5 ‘‘(A) A person adversely affected or ag6 grieved by an order issued under paragraph (3)

7 for which the person has exhausted all adminis8 trative remedies may obtain review of the order

9 in the United States Court of Appeals for the

10 circuit in which the violation, with respect to

11 which the order was issued, allegedly occurred

12 or the circuit in which the complainant resided

13 on the date of such violation. The petition for

14 review must be filed not later than 60 days

15 after the date of the issuance of the order of

16 the Secretary. Review shall conform to chapter

17 7 of title 5, United States Code. The com18 mencement of proceedings under this subpara19 graph shall not, unless ordered by the court, op20 erate as a stay of the order.

21 ‘‘(B) An order of the Secretary with re22 spect to which review could have been obtained

23 under subparagraph (A) shall not be subject to

24 judicial review in any criminal or other civil

25 proceeding.
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1 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

2 OF LABOR.—Whenever a person has failed to comply

3 with an order issued under paragraph (3), the Sec4 retary may file a civil action in an appropriate

5 United States district court to enforce such order. In

6 actions brought under this paragraph, the district

7 courts shall have jurisdiction to grant all appropriate

8 relief including, but not limited to, injunctive relief

9 and compensatory and exemplary damages.

10 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

11 ‘‘(A) A person on whose behalf an order

12 was issued under paragraph (3) may commence

13 a civil action against the person to whom such

14 order was issued to require compliance with the

15 order. The appropriate United States district

16 court shall have jurisdiction, without regard to

17 the amount in controversy or the citizenship of

18 the parties, to enforce the order.

19 ‘‘(B) The court, in issuing any final order

20 under this paragraph, may award costs of liti21 gation (including reasonable attorney and ex22 pert witness fees) to any party whenever the

23 court determines an award is appropriate.
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1 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im2 posed by this section shall be enforceable in a mandamus

3 proceeding brought under section 1361 of title 28.

4 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA5 TIONS.—Subsection (a) shall not apply with respect to an

6 employee who, acting without direction from his or her

7 employer, deliberately causes a violation of any require8 ment relating to air carrier safety under this subtitle or

9 any other law of the United States.

10 ‘‘(e) DEFINITIONS.—In this section—

11 ‘‘(1) CONTRACTOR.—The term ‘contractor’

12 means a company that performs, safety-sensitive

13 functions by contract for a U.S. or foreign air car14 rier;

15 ‘‘(2) EMPLOYEE.—The term ‘employee’ means

16 an employee of a U.S. or foreign air carrier, its con17 tractor, or its subcontractor; and

18 ‘‘(3) SUBCONTRACTOR.—The term ‘subcontrac19 tor’ means a company that performs safety-sensitive

20 functions, through a contractor, for a U.S. or for21 eign air carrier.

22 ‘‘(f) APPLICABILITY.—This section applies to employ23 ees of a U.S. employer without regard to whether the ad24 verse action or protected activity occurs in the United

25 States. This section applies to employees of a foreign em-
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1 ployer, if the adverse action or protected activity occurs

2 in the United States.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 Chapter 421 is amended by adding at the end the follow5 ing:

‘‘SUBCHAPTER II—WHISTLEBLOWER PROTECTION PROGRAM

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

6 SEC. 902. CIVIL PENALTY.

7 Section 46301(a)(1)(A) is amended by striking ‘‘sub8 chapter II of chapter 421’’ and inserting ‘‘subchapter II

9 or III of chapter 421’’.

10 TITLE X—NATIONAL PARKS AIR

11 TOUR MANAGEMENT

12 SEC. 1001. SHORT TITLE.

13 This title may be cited as the ‘‘National Parks Air

14 Tour Management Act of 1999’’.

15 SEC. 1002. FINDINGS.

16 Congress finds that—

17 (1) the Federal Aviation Administration has

18 sole authority to control airspace over the United

19 States;

20 (2) the Federal Aviation Administration has the

21 authority to preserve, protect, and enhance the envi22 ronment by minimizing, mitigating, or preventing

23 the adverse effects of aircraft overflights of public

24 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

11 Indian 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. 1003. 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

20 operations 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 specific time frame, the Administrator, in co26 operation 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

7 Administrator, 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. 1004. 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

3 advisory 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

12 receive preferential treatment in a given air tour

13 management 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

18 Director, safety, environmental, and other issues re19 lated to commercial air tour operations over a na20 tional 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

3 expenses, including per diem in lieu of subsistence,

4 as authorized by section 5703 of title 5, United

5 States Code, for persons in the Government service

6 employed 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. 1005. REPORTS.

15 (a) NATIONAL PARK OVERFLIGHT FEE REPORT.—

16 Not later than 180 days after the date of enactment of

17 this Act, the Administrator shall transmit to Congress a

18 report on the effects overflight fees are likely to have on

19 the commercial air tour operation industry. The report

20 shall include, but shall 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. 1006. EXEMPTIONS.

11 This title shall not apply—

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. 1007. 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.
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1 TITLE XI—TITLE 49 TECHNICAL

2 CORRECTIONS

3 SEC. 1101. RESTATEMENT OF 49 U.S.C. 106(g).

4 (a) GENERAL.—Section 106(g) of title 49 (Transpor5 tation), strike ‘‘, 40113(a), (c), and (d), 40114(a), 40119,

6 44501(a) and (c), 44502(a)(1), (b) and (c), 44504, 44505,

7 44507, 44508, 44511–44513, 44701–44716, 44718(c),

8 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906,

9 44912, 44935–44937, and 44938(a) and (b), chapter 451,

10 sections 45302–45304,’’ and insert ‘‘40113(a), (c)–(e),

11 40114(a), and 40119, and chapter 445 (except sections

12 44501(b), 44502(a)(2)–(4), 44503, 44506, 44509, 44510,

13 44514, and 44515), chapter 447 (except sections 44717,

14 44718(a) and (b), 44719, 44720, 44721(b), 44722, and

15 44723), chapter 449 (except sections 44903(d), 44904,

16 44905, 44907–44911, 44913, 44915, and 44931–44934),

17 chapter 451, chapter 453, sections’’.

18 (b) TECHNICAL CORRECTION.—The amendment

19 made by this section may not be construed as making a

20 substantive change in the language replaced.

21 SEC. 1102. RESTATEMENT OF 49 U.S.C. 46306.

22 (a) GENERAL.—Section 46306 is amended—

23 (1) in subsection (a), by striking ‘‘This section

24 applies only to’’ and substituting ‘‘Except for sub-
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1 sections (b)(1)–(3), (c)(2)(B), and (e) of this sec2 tion, this section applies only in the case of’’;

3 (2) in subsection (c), by inserting ‘‘In a case in4 volving an aircraft not used to provide air transpor5 tation,’’ at the beginning of paragraph (2), redesig6 nating the text of paragraph (2) as subparagraph

7 (2)(A), redesignating subparagraphs (2)(A) and

8 (2)(B) as clauses (2)(A)(i) and (2)(A)(ii), and by in9 serting at the end of paragraph (2) the following:

10 ‘‘(B) In a case involving an aircraft used

11 to provide air transportation, a person is sub12 ject to the penalties of this paragraph for an

13 act—

14 ‘‘(i) listed in paragraphs (b)(1)–(3) of

15 this section, but only if the person under16 took the act with the intent to commit a

17 crime punishable by death or imprisonment

18 of more than one year under a law of the

19 United States or a State related to a con20 trolled substance (except a law related to

21 simple possession of a controlled sub22 stance); or

23 ‘‘(ii) in selling a fraudulent certificate,

24 undertook the act with the knowledge that

25 the purchaser intended to use the certifi-
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1 cate to commit a crime punishable by

2 death or imprisonment for more than one

3 year under a law of the United States or

4 a State related to a controlled substance

5 (except a law related to simple possession

6 of a controlled substance).’’; and

7 (3) in subsection (c), by striking ‘‘paragraph

8 (2)’’ and substituting ‘‘subparagraph (2)(A)’’.

9 (b) TECHNICAL CORRECTIONS.—

10 (1)(A) The heading of section 46306 is amend11 ed to read as follows:

12 ‘‘§ 46306. Forgery, false marking, and other aircraft

13 registration violations.’’

14 (B) In the analysis of chapter 463 of title 49,

15 item 46306 is amended to read as follows:

‘‘46306. Forgery, false marking, and other aircraft registration violations.’’.

16 (2) The amendment made by this section may

17 not be construed as making a substantive change in

18 the language replaced.

19 SEC. 1103. RESTATEMENT OF 49 U.S.C. 44909.

20 Section 44909 is amended in paragraph (a)(2) by

21 striking ‘‘shall’’ and substituting ‘‘should’’.

22 SEC. 1104. RESTATEMENT OF 49 U.S.C. 46301(a).

23 Section 46301(a)(1)(A) is amended by striking ‘‘sec24 tion 46302, 46303, or’’ and inserting ‘‘chapter 451, or

25 section’’.
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1 SEC. 1105. RESTATEMENT OF 49 U.S.C. 47122(b).

2 (a) IN GENERAL.—Section 106(g)(1)(a) is amended

3 by inserting ‘‘section 47122(b),’’ after ‘‘chapter 465’’.

4 (b) AMENDMENT.—Section 47122(b) is amended by

5 inserting the phrase ‘‘(or the Administrator of the Federal

6 Aviation Administration with respect to aviation duties

7 and powers designated to be carried out by the Adminis8 trator)’’ after ‘‘Secretary’’ the first place and second

9 places it appears; and by inserting the phrase ‘‘or the Ad10 ministrator’’ after ‘‘Secretary’’ the third place it appears.

11 TITLE XII—PREVENTION OF

12 FRAUD INVOLVING AIRCRAFT

13 OR SPACECRAFT PARTS

14 SEC. 1201. SHORT TITLE.

15 This title may be cited as ‘‘The Aircraft Safety Act

16 of 1999’’.

17 SEC. 1202. PREVENTION OF FRAUDS INVOLVING AIRCRAFT

18 OR SPACE VEHICLE PARTS IN INTERSTATE

19 OR FOREIGN COMMERCE.

20 (a) Chapter 2 of title 18, United States Code, is

21 amended—

22 (1) by adding the following at the end of sec23 tion 31:

24 ‘‘(1) AVIATION QUALITY.—The term ‘aviation

25 quality’ means, with respect to aircraft or space ve26 hicle parts, that the item has been manufactured,
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1 constructed, produced, repaired, overhauled, rebuilt,

2 reconditioned, or restored in conformity with appli3 cable standards specified by law, regulation, or con4 tract.

5 ‘‘(2) AIRCRAFT.—The term ‘aircraft’ means

6 any civil, military, or public contrivance invented,

7 used, or designed to navigate, fly, or travel in the

8 air.

9 ‘‘(3) PART.—The term ‘part’ means frame, as10 sembly, component, appliance, engine, propeller, ma11 terial, part, spare part, piece, section, or related in12 tegral or auxiliary equipment.

13 ‘‘(4) SPACE VEHICLE.—The term ‘space vehicle’

14 means a man-made device, either manned or un15 manned, designed for operation beyond the earth’s

16 atmosphere.’’; and

17 (2) by adding at the end the following new sec18 tion:

19 ‘‘SEC. 38. FRAUD INVOLVING AIRCRAFT OR SPACE VEHICLE

20 PARTS IN INTERSTATE OR FOREIGN COM21 MERCE.

22 ‘‘(a) OFFENSES.—Whoever, in or affecting interstate

23 or foreign commerce, knowingly or with reason to know—

24 ‘‘(1) falsifies or conceals a material fact; makes

25 any materially fraudulent representation; or makes
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1 or uses any materially false writing, entry, certifi2 cation, document, record, data plate, label or elec3 tronic communication, concerning any aircraft or

4 space vehicle part;

5 ‘‘(2) imports or introduces in the United States,

6 sells, trades, installs on or in any aircraft or space

7 vehicle any aircraft or space vehicle part using or by

8 means of fraudulent representations, documents,

9 records, certifications, depictions, data plates, labels

10 or electronic communications; or

11 ‘‘(3) attempts or conspires to commit any of12 fense described in subsections (a) (1) and (2) shall

13 be punished as provided for in subsection (b).

14 ‘‘(b) PENALTIES.—

15 ‘‘(1) A person convicted under subsection (a)

16 shall be fined not more than $250,000 or imprisoned

17 not more than 15 years or both; provided, however—

18 ‘‘(2) if the fraud relates to the aviation quality

19 of the part and the part is actually installed in an

20 aircraft or space vehicle, then the maximum fine

21 shall be $500,000 and the maximum term of impris22 onment shall be 25 years.

23 ‘‘(3) if, by reason of its failure to operate as

24 represented, the part to which the fraud is related

25 is the probable cause of a malfunction or failure that
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1 results in the injury or death of any person, then the

2 maximum fine shall be $1,000,000 and the maxi3 mum term of imprisonment shall be any term of

4 years or life; and

5 ‘‘(4) any person other than an individual con6 victed under subsection (a) shall be fined not more

7 than $25,000,000.

8 ‘‘(c) CIVIL REMEDIES.—

9 ‘‘(1) The District Courts of the United States

10 shall have jurisdiction to prevent and restrain viola11 tions of this section by issuing appropriate orders,

12 including, but not limited to: ordering any person

13 convicted of any offense under this section to divest

14 himself of any interest, direct or indirect, in any en15 terprise, or to destroy, or to mutilate and sell as

16 scrap, aircraft material or part inventories or stocks;

17 imposing reasonable restrictions on the future activi18 ties or investments of any such person, including,

19 but not limited to, prohibiting engagement in the

20 same type of endeavor as used to perpetrate the of21 fense, or ordering dissolution or reorganization of

22 any enterprise, making due provisions for the rights

23 and interests of innocent persons.

24 ‘‘(2) The Attorney General may institute pro25 ceedings under this subsection. Pending final deter-
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1 mination thereof, the court may at any time enter

2 such restraining orders or prohibitions, or take such

3 other actions, including the acceptance of satisfac4 tory performance bonds, as it shall deem proper.

5 ‘‘(3) A final judgment or decree rendered in

6 favor of the United States in any criminal proceed7 ing brought by the United States under this section

8 shall estop the defendant from denying the essential

9 allegation of the criminal offense in any subsequent

10 civil proceeding brought by the United States.

11 ‘‘(d) CRIMINAL FORFEITURE.—

12 ‘‘(1) Regardless of any provision of State law,

13 any person convicted of a violation under this section

14 shall forfeit to the United States—

15 ‘‘(A) any property constituting, or derived

16 from, any proceeds obtained, directly or indi17 rectly, as the result of such violation; and

18 ‘‘(B) any property used, or intended to be

19 used, in any manner or part, to commit or fa20 cilitate to commission of such violation.

21 ‘‘(2) The court, in imposing sentence on such a

22 person, shall order, in addition to any other sentence

23 imposed pursuant to this section, that the person

24 forfeit to the United States all property described in

25 this section.
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1 ‘‘(3) Property subject to forfeiture under this

2 section, and seizure and disposition thereof by or

3 under the authority of the Attorney General or the

4 Secretary of the Treasury, and any administrative or

5 judicial proceeding in relation thereto, shall be gov6 erned by the provisions of 21 U.S.C. 853, except,

7 however, the Secretary of the Treasury shall forward

8 to the Treasurer of the United States for deposit

9 any amounts or such money and proceeds remaining

10 after payment of expenses in accordance with 31

11 U.S.C. 9703.

12 ‘‘(e) CONSTRUCTION WITH OTHER LAWS.—Unless

13 specifically otherwise provided, this Act shall not be con14 strued to preempt or displace any other remedies, whether

15 civil or criminal, provided by Federal, State, Common16 wealth, Possession, or Territory Law for the fraudulent

17 importation, sale, trade, installation, or introduction of

18 aircraft or space vehicle parts into commerce.

19 ‘‘(f) TERRITORIAL SCOPE.—

20 ‘‘(1) This section applies to conduct occurring

21 within the United States, and to conduct occurring

22 outside the United States if—

23 ‘‘(A) the offender is a United States per24 son; or
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1 ‘‘(B) an act in furtherance of the offense

2 was committed in the United States and the

3 offender is afterwards found in the United

4 States.’’.

5 (3) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of Chapter 2 is amended by

7 adding at the end:

‘‘Sec. 38. Fraud related to aircraft and space vehicle parts.’’.

8 SEC. 1203. RELATED AMENDMENTS TO OTHER SECTIONS

9 OF TITLE 18.

10 (a) CHAPTER 119 WIRE AND ELECTRONIC COMMU11 NICATIONS.—Section 2516(1)(A) of title 18, United

12 States Code, is amended by inserting between ‘‘or under

13 the following chapters of this title:’’ and ‘‘Chapter 37’’ the

14 following:

15 ‘‘CHAPTER 2 (RELATING TO AIRCRAFT AND MOTOR

16 VEHICLES).’’.

17 (b) CHAPTER 233—WITNESS AND EVIDENCE.—Sec18 tion 3486(A)(1) of title 18, United States Code, is amend19 ed by inserting between ‘‘A Federal Health Care Offense,’’

20 and ‘‘The Attorney General’’ the following: ‘‘or any of21 fense involving fraud related to aircraft or space vehicle

22 parts under section 38 of this title.’’

23 (c) CHAPTER 96—RACKETEER INFLUENCE AND

24 CORRUPT ORGANIZATIONS.—Section 1961(1)(B) of title

25 18, United States Code, is amended by inserting between
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1 ‘‘any act which is indictable under any of the following

2 provisions of title 18, United States Code:’’ and ‘‘Section

3 201’’ the following: ‘‘Section 38 (relating to fraud involv4 ing aircraft or space vehicle parts in interstate or foreign

5 commerce),’’.

6 TITLE XIII—INTERNAL REVENUE

7 CODE AMENDMENTS

8 SEC. 1301. AMENDMENTS TO THE AIRPORT AND AIRWAY

9 TRUST FUND.

10 Section 9502(d)(1) of the Internal Revenue Code of

11 1986 (relating to expenditures from Airport and Airway

12 Trust Fund) (26 U.S.C. 9502(d)(1)) is amended by:

13 (1) striking ‘‘1998’’ and inserting ‘‘2004’’; and

14 (2) in paragraph (d)(1)(A), by inserting ‘‘or the

15 Federal Aviation Administration Authorization Act

16 of 1999’’ after ‘‘Federal Aviation Reauthorization

17 Act of 1996’’.

Æ