Calendar No. 29

106TH CONGRESS

1ST SESSION S. 82

[Report No. 106–9]

A BILL

To authorize appropriations for the Federal

Aviation Administration, and for other purposes.

MARCH 8, 1999

Reported with amendments
II

Calendar No. 29

106TH CONGRESS

1ST SESSION S. 82

[Report No. 106–9]

To authorize appropriations for the Federal Aviation Administration, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. MCCAIN (for himself, Mr. HOLLINGS, Mr. LOTT, Mr. ROCKEFELLER, Mr.

FRIST, Mr. BRYAN, Mr. WYDEN, Mr. AKAKA, Mr. GORTON, and Mr.

DORGAN) introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

MARCH 8, 1999

Reported by Mr. MCCAIN with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize appropriations for the Federal Aviation

Administration, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

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

5 ‘‘Air Transportation Improvement Act’’.
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1 (b) TABLE OF SECTIONS.—The table of sections for

2 this Act is as follows:

Sec. 1. Short title; table of sections.

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

TITLE I—AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.

Sec. 102. Air navigation facilities and equipment.

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

and programs.

Sec. 104. Reprogramming notification requirement.

Sec. 105. Airport security program.

Sec. 106. Automated surface observation system stations.

TITLE II—AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

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

Sec. 202. Innovative use of airport grant funds.

Sec. 203. Matching share.

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

Sec. 205. Technical amendments.

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

Sec. 207. Prioritization of discretionary projects.

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

Sec. 209. Definition of public aircraft.

Sec. 210. Terminal development costs.

Sec. 211. Airfield pavement conditions.

Sec. 212. Discretionary grants.

TITLE III—AMENDMENTS TO AVIATION LAW

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

Sec. 302. Foreign carriers eligible for waiver under Airport Noise and Capacity

Act.

Sec. 302. Limited transportation of certain aircraft.

Sec. 303. Government and industry consortia.

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

Sec. 305. Foreign aviation services authority.

Sec. 306. Flexibility to perform criminal history record checks; technical

amendments to Pilot Records Improvement Act.

Sec. 307. Extension of Aviation Insurance Program.

Sec. 308. Technical corrections to civil penalty provisions.

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

airman’s certificate.

Sec. 310. Nondiscriminatory interline interconnection requirements.

TITLE IV—MISCELLANEOUS

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

Sec. 402. Cargo collision avoidance systems deadline.

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

Sec. 404. Airplane emergency locators.

Sec. 405. Counterfeit aircraft parts.
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Sec. 406. FAA may fine unruly passengers.

Sec. 407. Higher standards for handicapped access.

Sec. 408. Conveyances of United States Government land.

Sec. 409. Flight operations quality assurance rules.

Sec. 410. Wide area augmentation system.

Sec. 411. Regulation of Alaska air guides.

Sec. 412. Application of FAA regulations.

Sec. 413. Human factors program.

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

Sec. 415. Whistleblower protection for FAA employees.

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

Sec. 417. Report on air transportation oversight system.

Sec. 418. Recycling of EIS.

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

Sec. 420. Improvements to air navigation facilities.

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

Sec. 422. Tourism.

Sec. 423. Equivalency of FAA and EU safety standards.

Sec. 424. Sense of the Senate on property taxes on public-use airports.

Sec. 425. Federal Aviation Administration Personnel Management System.

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

panel.

Sec. 427. Report on enhanced domestic airline competition.

Sec. 427. Authority to sell aircraft and aircraft parts for use in responding to

oil spills.

Sec. 428. Aircraft situational display data.

Sec. 429. To express the sense of the Senate concerning a bilateral agreement

between the United States and the United Kingdom regarding

Charlotte-London route.

Sec. 430. To express the sense of the Senate concerning a bilateral agreement

between the United States and the United Kingdom regarding

Cleveland-London route.

Sec. 431. Allocation of Trust Fund funding.

Sec. 432. Taos Pueblo and Blue Lakes Wilderness Area demonstration project.

Sec. 433. Airline marketing disclosure.

Sec. 434. Certain air traffic control towers.

Sec. 435. Compensation under the Death on the High Seas Act.

Sec. 436. FAA study of breathing hoods.

Sec. 437. FAA study of alternative power sources for flight data recorders and

cockpit voice recorders.

Sec. 438. Passenger facility fee letters of intent.

Sec. 439. Elimination of HAZMAT enforcement backlog.

Sec. 440. FAA evaluation of long-term capital leasing.

TITLE V—AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.

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

Sec. 503. Community-carrier air service program.

Sec. 504. Authorization of appropriations.

Sec. 505. Marketing practices.

Sec. 506. Slot exemptions for nonstop regional jet service.

Sec. 507. Exemptions to perimeter rule at Ronald Reagan Washington National

Airport.

Sec. 508. Additional slot exemptions at Chicago O’Hare International Airport.
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Sec. 509. Consumer notification of e-ticket expiration dates.

Sec. 510. Regional air service incentive options.

Sec. 511. GAO study of air transportation needs.

TITLE VI—NATIONAL PARK OVERFLIGHTS

Sec. 601. Findings.

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

Sec. 603. Advisory group.

Sec. 604. Overflight fee report.

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

TITLE VII—TITLE 49 TECHNICAL CORRECTIONS

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

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

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 TITLE I—AUTHORIZATIONS

9 SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER10 ATIONS.

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

12 read as follows:

13 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OP14 ERATIONS.—

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

16 appropriated to the Secretary of Transportation for

17 operations of the Administration $5,631,000,000 for

18 fiscal year 1999 and $5,784,000,000 for fiscal year
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1 2000. Of the amounts authorized to be appropriated

2 for fiscal year 1999, not more than $9,100,000 shall

3 be used to support air safety efforts through pay4 ment of United States membership obligations, to be

5 paid as soon as practicable.

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

7 amounts appropriated under paragraph (1)

8 $450,000 may be used for wildlife hazard mitigation

9 measures and management of the wildlife strike

10 database of the Federal Aviation Administration.

11 ‘‘(3) UNIVERSITY CONSORTIUM.—There are au12 thorized to be appropriated not more than

13 $9,100,000 for the 3 fiscal year period beginning

14 with fiscal year 1999 to support a university consor15 tium established to provide an air safety and secu16 rity management certificate program, working coop17 eratively with the Federal Aviation Administration

18 and United States air carriers. Funds authorized

19 under this paragraph—

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

21 of a building or other facility; and

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

23 competition.’’.

24 (b) COORDINATION.—The authority granted the Sec25 retary under section 41720 of title 49, United States
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1 Code, does not affect the Secretary’s authority under any

2 other provision of law.

3 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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

5 striking paragraphs (1) and (2) and inserting the follow6 ing:

7 ‘‘(1) for fiscal year 1999—

8 ‘‘(A) $222,800,000 for engineering, devel9 opment, test, and evaluation: en route pro10 grams;

11 ‘‘(B) $74,700,000 for engineering, develop12 ment, test, and evaluation: terminal programs;

13 ‘‘(C) $108,000,000 for engineering, devel14 opment, test, and evaluation: landing and navi15 gational aids;

16 ‘‘(D) $17,790,000 for engineering, develop17 ment, test, and evaluation: research, test, and

18 evaluation equipment and facilities programs;

19 ‘‘(E) $391,358,300 for air traffic control

20 facilities and equipment: en route programs;

21 ‘‘(F) $492,315,500 for air traffic control

22 facilities and equipment: terminal programs;

23 ‘‘(G) $38,764,400 for air traffic control fa24 cilities and equipment: flight services programs;
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1 ‘‘(H) $50,500,000 for air traffic control fa2 cilities and equipment: other ATC facilities pro3 grams;

4 ‘‘(I) $162,400,000 for non-ATC facilities

5 and equipment programs;

6 ‘‘(J) $14,500,000 for training and equip7 ment facilities programs;

8 ‘‘(K) $280,800,000 for mission support

9 programs;

10 ‘‘(L) $235,210,000 for personnel and re11 lated expenses; and

12 ‘‘(2) $2,189,000,000 for fiscal year 2000.’’.

13 (b) CONTINUATION OF ILS INVENTORY PROGRAM.—

14 Section 44502(a)(4)(B) is amended—

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

16 and inserting ‘‘fiscal years 1999 and 2000’’; and

17 (2) by striking ‘‘acquisition,’’ and inserting ‘‘ac18 quisition under new or existing contracts,’’.

19 (c) LIFE-CYCLE COST ESTIMATES.—The Adminis20 trator of the Federal Aviation Administration shall estab21 lish life-cycle cost estimates for any air traffic control

22 modernization project the total life-cycle costs of which

23 equal or exceed $50,000,000.
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1 SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND

2 NOISE COMPATIBILITY PLANNING AND PRO3 GRAMS.

4 (a) EXTENSION AND AUTHORIZATION.—Section

5 48103 is amended by striking ‘‘$1,205,000,000 for the 6-

6 month period beginning October 1, 1998.’’ and inserting

7 ‘‘$2,410,000,000 for fiscal years ending before October 1,

8 1999, and $4,885,000,000 for fiscal years ending before

9 October 1, 2000.’’.

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

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

12 ‘‘September 30, 2000,’’.

13 SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

14 Before reprogramming any amounts appropriated

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

16 United States Code, for which notification of the Commit17 tees on Appropriations of the Senate and the House of

18 Representatives is required, the Secretary of Transpor19 tation shall submit a written explanation of the proposed

20 reprogramming to the Committee on Commerce, Science,

21 and Transportation of the Senate and the Committee on

22 Transportation and Infrastructure of the House of Rep23 resentatives.
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1 SEC. 105. AIRPORT SECURITY PROGRAM.

2 (a) IN GENERAL.—Chapter 471 (as amended by sec3 tion 202(a) of this Act) is amended by adding at the end

4 thereof the following new section:

5 ‘‘§ 47136. Airport security program

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

7 public airports in the United States, the Secretary of

8 Transportation shall carry out not less than 1 project to

9 test and evaluate innovative airport security systems and

10 related technology.

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

12 Secretary shall give the highest priority to a request from

13 an eligible sponsor for a grant to undertake a project

14 that—

15 ‘‘(1) evaluates and tests the benefits of innova16 tive airport security systems or related technology,

17 including explosives detection systems, for the pur18 pose of improving airport and aircraft physical secu19 rity and access control; and

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

21 security systems and technology in an operational,

22 test bed testbed environment.

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

24 47109, the United States Government’s share of allowable

25 project costs for a project under this section is 100 per26 cent.
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1 ‘‘(d) TERMS AND CONDITIONS.—The Secretary may

2 establish such terms and conditions as the Secretary de3 termines appropriate for carrying out a project under this

4 section, including terms and conditions relating to the

5 form and content of a proposal for a project, project assur6 ances, and schedule of payments.

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

8 the term ‘eligible sponsor’ means a nonprofit corporation

9 composed of a consortium of public and private persons,

10 including a sponsor of a primary airport, with the nec11 essary engineering and technical expertise to successfully

12 conduct the testing and evaluation of airport and aircraft

13 related security systems.

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

15 amounts made available to the Secretary under section

16 47115 in a fiscal year, the Secretary shall make available

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

18 this section.’’.

19 (b) CONFORMING AMENDMENT.—The chapter analy20 sis for such chapter (as amended by section 202(b) of this

21 Act) is amended by inserting after the item relating to

22 section 47135 the following:

‘‘47136. Airport security program.’’.
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1 SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM

2 STATIONS.

3 The Administrator of the Federal Aviation Adminis4 tration shall not terminate human weather observers for

5 Automated Surface Observation System stations until—

6 (1) the Secretary of Transportation determines

7 that the System provides consistent reporting of

8 changing meteorological conditions and notifies the

9 Congress in writing of that determination; and

10 (2) 60 days have passed since the report was

11 submitted to the Congress.

12 TITLE II—AIRPORT IMPROVE13 MENT PROGRAM AMEND14 MENTS

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

16 Section 47115(g) is amended by striking paragraph

17 (4).

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

19 (a) CODIFICATION AND IMPROVEMENT OF 1996 PRO20 GRAM.—Subchapter I of chapter 471 is amended by add21 ing at the end thereof the following:

22 ‘‘§ 47135. Innovative financing techniques

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

24 is authorized to carry out a demonstration program under

25 which the Secretary may approve applications under this

26 subchapter for not more than 20 projects for which grants
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1 received under the subchapter may be used to implement

2 innovative financing techniques.

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

4 program shall be to provide information on the use of in5 novative financing techniques for airport development

6 projects.

7 ‘‘(c) LIMITATION—In no case shall the implementa8 tion of an innovative financing technique under this sec9 tion be used in a manner giving rise to a direct or indirect

10 guarantee of any airport debt instrument by the United

11 States Government.

12 ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE13 FINED.—In this section, the term ‘innovative financing

14 technique’ includes methods of financing projects that the

15 Secretary determines may be beneficial to airport develop16 ment, including—

17 ‘‘(1) payment of interest;

18 ‘‘(2) commercial bond insurance and other cred19 it enhancement associated with airport bonds for eli20 gible airport development; and

21 ‘‘(3) flexible non-Federal matching require22 ments.’’.

23 (b) CONFORMING AMENDMENT.—The chapter analy24 sis for chapter 471 is amended by inserting after the item

25 relating to section 47134 the following:

‘‘47135. Innovative financing techniques.’’.
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1 SEC. 203. MATCHING SHARE.

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

3 more than’’ before ‘‘90 percent’’.

4 SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COM5 PATIBILITY PLANNING AND PROGRAMS.

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

7 each time it appears and substituting inserting ‘‘35’’.

8 SEC. 205. TECHNICAL AMENDMENTS.

9 (a) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

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

11 read as follows:

12 ‘‘(3) An amount apportioned under paragraph

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

14 or Puerto Rico may be made available by the Sec15 retary for any public airport in those respective ju16 risdictions.’’.

17 (b) SUPPLEMENTAL APPORTIONMENT FOR ALAS18 KA.—Section 47114(e) is amended—

19 (1) by striking ‘‘ALTERNATIVE’’ in the sub20 section caption and inserting ‘‘SUPPLEMENTAL’’;

21 (2) in paragraph (1) by—

22 (A) striking ‘‘Instead of apportioning

23 amounts for airports in Alaska under’’ and in24 serting ‘‘Notwithstanding’’; and

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

26 ‘‘airports in Alaska’’; and
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1 (3) striking paragraph (3) and inserting the fol2 lowing:

3 ‘‘(3) An amount apportioned under this sub4 section may be used for any public airport in Alas5 ka.’’.

6 (c) REPEAL OF APPORTIONMENT LIMITATION ON

7 COMMERCIAL SERVICE AIRPORTS IN ALASKA.—Section

8 47117 is amended by striking subsection (f) and redesig9 nating subsections (g) and (h) as subsections (f) and (g),

10 respectively.

11 (d) DISCRETIONARY FUND DEFINITION.—

12 (1) Section 47115 is amended—

13 (A) by striking ‘‘25’’ in subsection (a) and

14 inserting ‘‘12.5’’; and

15 (B) by striking the second sentence in sub16 section (b).

17 (2) Section 47116 is amended—

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

19 inserting ‘‘87.5’’;

20 (B) by redesignating paragraphs (1) and

21 (2) in subsection (b) as subparagraphs (A) and

22 (B), respectively, and inserting before subpara23 graph (A), as so redesignated, the following:
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1 ‘‘(1) one-seventh for grants for projects at small

2 hub airports (as defined in section 41731 of this

3 title); and

4 ‘‘(2) the remaining amounts based on the fol5 lowing:’’.

6 (e) CONTINUATION OF PROJECT FUNDING.—Section

7 47108 is amended by adding at the end thereof the follow8 ing:

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

10 a primary airport changes to a nonprimary airport at a

11 time when a development project under a multiyear agree12 ment under subsection (a) is not yet completed, the project

13 shall remain eligible for funding from discretionary funds

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

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

16 availability of funds.’’.

17 (f) 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) inserting after clause (i) the following:

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, but only if the Administrator issues
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1 revised administrative guidance after July

2 1, 1998, for the designation of reliever air3 ports; or’’.

4 (g) RELIEVER AIRPORTS NOT ELIGIBLE FOR LET5 TERS OF INTENT.—Section 47110(e)(1) is amended by

6 striking ‘‘or reliever’’.

7 (h) PASSENGER FACILITY FEE WAIVER FOR CER8 TAIN CLASS OF CARRIERS.—Section 40117(e)(2) is

9 amended—

10 (1) by striking ‘‘and’’ after the semicolon in

11 subparagraph (B);

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

13 and inserting ‘‘payment; and’’; and

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

15 ‘‘(D) in Alaska aboard an aircraft having

16 a seating capacity of less than 20 passengers.’’.

17 passengers; and

18 ‘‘(E) on flights, including flight segments,

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

20 (i) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

21 CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN

22 ISOLATED COMMUNITIES.—Section 40117(i) is

23 amended—

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

25 (1);
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1 (2) by striking ‘‘transportation.’’ in paragraph

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

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

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

5 collection of a passenger facility fee be waived for—

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

7 air carrier or foreign air carrier if the number

8 of passengers enplaned by the carriers in the

9 class constitutes not more than one percent of

10 the total number of passengers enplaned annu11 ally at the airport at which the fee is imposed;

12 or

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

14 airport—

15 ‘‘(i) that has fewer than 2,500 pas16 senger boardings each year and receives

17 scheduled passenger service; or

18 ‘‘(ii) in a community which has a pop19 ulation of less than 10,000 and is not con20 nected by a land highway or vehicular way

21 to the land-connected National Highway

22 System within a State.’’.

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

24 AIRPORTS IN SURPLUS PROPERTY DISPOSAL.—

25 (1) Section 47151 is amended—
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1 (A) by striking ‘‘give’’ in subsection (a)

2 and inserting ‘‘convey to’’;

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

4 and inserting ‘‘conveyance’’;

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

6 and inserting ‘‘conveying’’;

7 (D) by striking ‘‘gift’’ in subsection (b)

8 and inserting ‘‘conveyance’’; and

9 (E) by adding at the end thereof the fol10 lowing:

11 ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except for

12 requests from another Federal agency, a department,

13 agency, or instrumentality of the Executive Branch of the

14 United States Government shall give priority to a request

15 by a public agency (as defined in section 47102 of this

16 title) for surplus property described in subsection (a) of

17 this section for use at a public airport.’’.

18 (2) Section 47152 is amended—

19 (A) by striking ‘‘gifts’’ in the section cap20 tion and inserting ‘‘conveyances’’; and

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

22 and inserting ‘‘conveyance’’.

23 (3) The chapter analysis for chapter 471 is

24 amended by striking the item relating to section

25 47152 and inserting the following:

‘‘47152. Terms of conveyances.’’.
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1 (4) Section 47153(a) is amended—

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

3 and inserting ‘‘conveyance’’;

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

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

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

7 and inserting ‘‘conveyance’’.

8 (k) MINIMUM APPORTIONMENT.—Section

9 47114(c)(1)(B) is amended by adding at the end thereof the

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

11 1999, the preceding sentence shall be applied by substituting

12 ‘$650,000’ for ‘$500,000’.’’.

13 (k) APPORTIONMENT FOR CARGO ONLY AIRPORTS.—

14 Section 47114(c)(2)(A) is amended by striking ‘‘2.5 per15 cent’’ and inserting ‘‘3 percent’’.

16 (l) APPORTIONMENT FOR CARGO ONLY AIRPORTS.—

17 (1) Section 47114(c)(2)(A) is amended by strik18 ing ‘‘2.5 percent’’ and inserting ‘‘3 percent’’.

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

20 striking subparagraph (C) and redesignating sub21 paragraph (D) as subparagraph (C).

22 (m) TEMPORARY AIR SERVICE INTERRUPTIONS.—Sec23 tion 47114(c)(1) is amended by adding at the end thereof

24 the following:
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1 ‘‘(C) The Secretary may, notwithstanding

2 subparagraph (A), apportion to an airport spon3 sor in a fiscal year an amount equal to the

4 amount apportioned to that sponsor in the pre5 vious fiscal year if the Secretary finds that—

6 ‘‘(i) passenger boardings at the airport

7 fell below 10,000 in the calendar year used

8 to calculate the apportionment;

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

10 passenger boardings in the calendar year

11 prior to the calendar year used to calculate

12 apportionments to airport sponsors in a fis13 cal year; and

14 ‘‘(iii) the cause of the shortfall in pas15 senger boardings was a temporary but sig16 nificant interruption in service by an air

17 carrier to that airport due to an employ18 ment action, natural disaster, or other event

19 unrelated to the demand for air transpor20 tation at the affected airport.’’.

21 (l)(n) FLEXIBILITY IN PAVEMENT DESIGN STAND22 ARDS.—Section 47114(d) is amended by adding at the end

23 thereof the following:

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

25 highway specifications for airfield pavement con-
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1 struction using funds made available under this sub2 section at nonprimary airports with runways of

3 5,000 feet or shorter serving aircraft that do not ex4 ceed 60,000 pounds gross weight, if the Secretary

5 determines that—

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

7 and

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

9 shorter than it would be if constructed using

10 Administration standards.

11 An airport may not seek funds under this sub12 chapter for runway rehabilitation or reconstruction

13 of any such airfield pavement constructed using

14 State highway specifications for a period of 10 years

15 after construction is completed.’’.

16 (o) ELIGIBILITY OF RUNWAY INCURSION PREVENTION

17 DEVICES.—

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

19 by inserting ‘‘(including integrated in-pavement

20 lighting systems for runways and taxiways and other

21 runway and taxiway incursion prevention devices)’’

22 after ‘‘activities’’.

23 (2) MAXIMUM USE OF SAFETY FACILITIES.—Sec24 tion 47101(f) is amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (9); and

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

4 and inserting ‘‘area; and’’; and

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

6 ‘‘(11) runway and taxiway incursion prevention

7 devices, including integrated in-pavement lighting

8 systems for runways and taxiways.’’.

9 (3) AIRPORT DEVELOPMENT DEFINED.—Section

10 47102(3)(B)(ii) is amended by inserting ‘‘and includ11 ing integrated in-pavement lighting systems for run12 ways and taxiways and other runway and taxiway

13 incursion prevention devices’’ before the semicolon at

14 the end.

15 SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY

16 ENHANCEMENTS.

17 Within 9 months after the date of enactment of this

18 Act, the Secretary of Transportation shall report to the

19 Committee on Commerce, Science, and Transportation of

20 the Senate and the Committee on Transportation and In21 frastructure of the House of Representatives on efforts by

22 the Federal Aviation Administration to implement capac23 ity enhancements and improvements, both technical and

24 procedural, such as precision runway monitoring systems,
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1 and the time frame for implementation of such enhance2 ments and improvements.

3 SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

4 Section 47120 is amended by—

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

6 ‘‘In’’; and

7 (2) adding at the end thereof the following:

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

9 HIGHER PRIORITY PROJECTS.—The Administrator of the

10 Federal Aviation Administration shall discourage airport

11 sponsors and airports from using entitlement funds for

12 lower priority projects by giving lower priority to discre13 tionary projects submitted by airport sponsors and air14 ports that have used entitlement funds for projects that

15 have a lower priority than the projects for which discre16 tionary funds are being requested.’’.

17 SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE RE18 QUIREMENT WAIVED.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law to the contrary, the Secretary of Transpor21 tation may not waive any assurance required under section

22 47107 of title 49, United States Code, that requires prop23 erty to be used for aeronautical purposes unless the Sec24 retary provides notice to the public not less than 30 days

25 before issuing any such waiver. Nothing in this section
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1 shall be construed to authorize the Secretary to issue a

2 waiver of any assurance required under that section.

3 (b) EFFECTIVE DATE.—This section applies to any

4 request filed on or after the date of enactment of this Act.

5 SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

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

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

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

9 and inserting ‘‘States; or’’; and

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

11 ‘‘(III) transporting persons

12 aboard the aircraft if the aircraft is

13 operated for the purpose of prisoner

14 transport.’’.

15 SEC. 210. TERMINAL DEVELOPMENT COSTS.

16 Section 40117 is amended by adding at the end

17 thereof the following:

18 ‘‘(j) SHELL OF TERMINAL BUILDING.—In order to

19 enable additional air service by an air carrier with less

20 than 50 percent of the scheduled passenger traffic at an

21 airport, the Secretary may consider the shell of a terminal

22 building (including heating, ventilation, and air condi23 tioning) and aircraft fueling facilities adjacent to an air24 port terminal building to be an eligible airport-related

25 project under subsection (a)(3)(E).’’.
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1 SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

2 (a) EVALUATION OF OPTIONS.—The Administrator

3 of the Federal Aviation Administration shall evaluate op4 tions for improving the quality of information available to

5 the Administration on airfield pavement conditions for air6 ports that are part of the national air transportation sys7 tem, including—

8 (1) improving the existing runway condition in9 formation contained in the Airport Safety Data Pro10 gram by reviewing and revising rating criteria and

11 providing increased training for inspectors;

12 (2) requiring such airports to submit pavement

13 condition index information as part of their airport

14 master plan or as support in applications for airport

15 improvement grants; and

16 (3) requiring all such airports to submit pave17 ment condition index information on a regular basis

18 and using this information to create a pavement

19 condition database that could be used in evaluating

20 the cost-effectiveness of project applications and

21 forecasting anticipated pavement needs.

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

23 transmit a report, containing an evaluation of such op24 tions, to the Senate Committee on Commerce, Science,

25 and Transportation and the House of Representatives
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1 Committee on Transportation and Infrastructure not later

2 than 12 months after the date of enactment of this Act.

3 SEC. 212. DISCRETIONARY GRANTS.

4 Notwithstanding any limitation on the amount of

5 funds that may be expended for grants for noise abate6 ment, if any funds made available under section 48103

7 of title 49, United States Code, remain available at the

8 end of the fiscal year for which those funds were made

9 available, and are not allocated under section 47115 of

10 that title, or under any other provision relating to the

11 awarding of discretionary grants from unobligated funds

12 made available under section 48103 of that title, the Sec13 retary of Transportation may use those funds to make dis14 cretionary grants for noise abatement activities.

15 TITLE III—AMENDMENTS TO

16 AVIATION LAW

17 SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS

18 CROSSING FISCAL YEARS.

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

20 thereof the following:

21 ‘‘§ 40125. Severable services contracts for periods

22 crossing fiscal years

23 ‘‘(a) IN GENERAL.—The Administrator of the Fed24 eral Aviation Administration may enter into a contract for

25 procurement of severable services for a period that begins
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1 in one fiscal year and ends in the next fiscal year if (with2 out regard to any option to extend the period of the con3 tract) the contract period does not exceed one year.

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

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

6 of a contract entered into under the authority of sub7 section (a) of this section.’’.

8 (b) CONFORMING AMENDMENT.—The chapter analy9 sis for chapter 401 is amended by adding at the end there10 of the following:

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

11 SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR WAIVER

12 UNDER AIRPORT NOISE AND CAPACITY ACT.

13 The first sentence of section 47528(b)(1) is amended

14 by inserting ‘‘or foreign air carrier’’ after ‘‘air carrier’’

15 the first place it appears and after ‘‘carrier’’ the first place

16 it appears.

17 SEC. 302. LIMITED TRANSPORTATION OF CERTAIN AIR18 CRAFT.

19 Section 47528(e) is amended by adding at the end

20 thereof the following:

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

22 under this subsection may transport Stage 2 aircraft

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

24 basis in order to—
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1 ‘‘(A) perform maintenance (including major

2 alterations) or preventative maintenance on air3 craft operated, or to be operated, within the limi4 tations of paragraph (2)(B); or

5 ‘‘(B) conduct operations within the limita6 tions of paragraph (2)(B).’’.

7 SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

8 Section 44903 is amended by adding at the end

9 thereof the following:

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

11 The Administrator may establish at airports such consor12 tia of government and aviation industry representatives as

13 the Administrator may designate to provide advice on mat14 ters related to aviation security and safety. Such consortia

15 shall not be considered federal advisory committees for

16 purposes of the Federal Advisory Committee Act (5

17 U.S.C. App.).’’.

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

19 CHICAGO CONVENTION.

20 Section 44701 is amended—

21 (1) by redesignating subsection (e) as sub22 section (f); and

23 (2) by inserting after subsection (d) the follow24 ing:
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1 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER2 SIGHT RESPONSIBILITIES.—

3 ‘‘(1) Notwithstanding the provisions of this

4 chapter, and pursuant to Article 83 bis of the Con5 vention on International Civil Aviation, the Adminis6 trator may, by a bilateral agreement with the aero7 nautical authorities of another country, exchange

8 with that country all or part of their respective func9 tions and duties with respect to aircraft described in

10 subparagraphs (A) and (B), under the following ar11 ticles of the Convention:

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

13 ‘‘(B) Article 31 (Certificates of Airworthi14 ness).

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

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

17 apply to—

18 ‘‘(A) aircraft registered in the United

19 States operated pursuant to an agreement for

20 the lease, charter, or interchange of the aircraft

21 or any similar arrangement by an operator that

22 has its principal place of business, or, if it has

23 no such place of business, its permanent resi24 dence, in another country; or
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1 ‘‘(B) aircraft registered in a foreign coun2 try operated under an agreement for the lease,

3 charter, or interchange of the aircraft or any

4 similar arrangement by an operator that has its

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

6 place of business, its permanent residence, in

7 the United States.

8 ‘‘(3) The Administrator relinquishes responsibil9 ity with respect to the functions and duties trans10 ferred by the Administrator as specified in the bilat11 eral agreement, under the Articles listed in para12 graph (1) of this subsection for United States-reg13 istered aircraft transferred abroad as described in

14 subparagraph (A) of that paragraph, and accepts re15 sponsibility with respect to the functions and duties

16 under those Articles for aircraft registered abroad

17 that are transferred to the United States as de18 scribed in subparagraph (B) of that paragraph.

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

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

21 functions and duties on any conditions the Adminis22 trator deems necessary and prudent.’’.
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1 SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

2 Section 45301 is amended by striking ‘‘government.’’

3 in subsection (a)(2) and inserting ‘‘government or to any

4 entity obtaining services outside the United States.’’.

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

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

7 or to any entity obtaining services outside the United

8 States other than—

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

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

11 service (as defined in Appendix C of part 187 of

12 title 14, Code of Federal Regulations) performed

13 outside the United States.’’.

14 SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY

15 RECORD CHECKS; TECHNICAL AMENDMENTS

16 TO PILOT RECORDS IMPROVEMENT ACT.

17 Section 44936 is amended—

18 (1) by striking ‘‘subparagraph (C))’’ in sub19 section (a)(1)(B) and inserting ‘‘subparagraph (C),

20 or in the case of passenger, baggage, or property

21 screening at airports, the Administrator decides it is

22 necessary to ensure air transportation security)’’;

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

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

25 as a pilot’’; and
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1 (3) by inserting ‘‘or from a foreign government

2 or entity that employed the individual,’’ in sub3 section (f)(14)(B) after ‘‘exists,’’.

4 SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

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

6 1999.’’ and inserting ‘‘December 31, 2003.’’.

7 SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY

8 PROVISIONS.

9 Section 46301 is amended—

10 (1) by striking ‘‘46302, 46303, or’’ in sub11 section (a)(1)(A);

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

13 appears in subsection (d)(7)(A) and inserting ‘‘a

14 person’’; and

15 (3) by inserting ‘‘or the Administrator’’ in sub16 section (g) after ‘‘Secretary’’.

17 SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN

18 AIR TRANSPORTATION WITHOUT AN AIR19 MAN’S CERTIFICATE.

20 (a) IN GENERAL.—Chapter 463 is amended by add21 ing at the end the following:
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1 ‘‘§ 46317. Criminal penalty for pilots operating in air

2 transportation without an airman’s cer3 tificate

4 ‘‘(a) APPLICATION.—This section applies only to air5 craft used to provide air transportation.

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

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

8 3 years, or both, if that individual—

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

10 to serve in any capacity as an airman without an

11 airman’s certificate authorizing the individual to

12 serve in that capacity; or

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

14 or uses in any capacity as an airman an individual

15 who does not have an airman’s certificate authoriz16 ing the individual to serve in that capacity.

17 ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PEN18 ALTY.—

19 ‘‘(1) In this subsection, the term ‘controlled

20 substance’ has the same meaning given that term in

21 section 102 of the Comprehensive Drug Abuse Pre22 vention and Control Act of 1970 (21 U.S.C. 802).

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

24 be fined under title 18, imprisoned for not more

25 than 5 years, or both, if the violation is related to

26 transporting a controlled substance by aircraft or
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1 aiding or facilitating a controlled substance violation

2 and that transporting, aiding, or facilitating—

3 ‘‘(A) is punishable by death or imprison4 ment of more than 1 year under a Federal or

5 State law; or

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

7 death or imprisonment for more than 1 year

8 under a Federal or State law related to a con9 trolled substance (except a law related to simple

10 possession (as that term is used in section

11 46306(c)) of a controlled substance).

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

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

14 concurrently with, any other term of imprisonment

15 imposed on the individual subject to the imprison16 ment.’’.

17 (b) CLERICAL AMENDMENT.—The chapter analysis

18 for chapter 463 is amended by adding at the end thereof

19 the following:

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

airman’s certificate.’’.

20 SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNEC21 TION REQUIREMENTS.

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

23 amended by adding at the end thereof the following:
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1 ‘‘§ 41717. Interline agreements for domestic transpor2 tation

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

4 major air carrier that provides air service to an essential

5 airport facility has any agreement involving ticketing, bag6 gage and ground handling, and terminal and gate access

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

8 any requesting air carrier that offers service to a commu9 nity selected for participation in the program under sec10 tion 41743 under similar terms and conditions and on a

11 nondiscriminatory basis within 30 days after receiving the

12 request, as long as the requesting air carrier meets such

13 safety, service, financial, and maintenance requirements,

14 if any, as the Secretary may by regulation establish con15 sistent with public convenience and necessity. The Sec16 retary must review any proposed agreement to determine

17 if the requesting carrier meets operational requirements

18 consistent with the rules, procedures, and policies of the

19 major carrier. This agreement may be terminated by ei20 ther party in the event of failure to meet the standards

21 and conditions outlined in the agreement.’’. agreement.

22 ‘‘(b) DEFINITIONS.—In this section the term ‘essen23 tial airport facility’ means a large hub airport (as defined

24 in section 41731(a)(3)) in the contiguous 48 States in

25 which one carrier has more than 50 percent of such air26 port’s total annual enplanements.’’.
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1 (b) CLERICAL AMENDMENT.—The chapter analysis

2 for subchapter I of chapter 417 is amended by adding at

3 the end thereof the following:

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

4 TITLE IV—MISCELLANEOUS

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

6 PROBLEM.

7 The Administrator of the Federal Aviation Adminis8 tration shall report to the Senate Committee on Com9 merce, Science, and Transportation and the House Com10 mittee on Transportation and Infrastructure every 3

11 months, in oral or written form, on electronic data proc12 essing problems associated with the year 2000 within the

13 Administration.

14 SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEAD15 LINE.

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

17 Aviation Administration shall require by regulation that,

18 not later than December 31, 2002, collision avoidance

19 equipment be installed on each cargo aircraft with a pay20 load capacity of 15,000 kilograms or more.

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

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

23 years if the Administrator finds that the extension is need24 ed to promote—
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1 (1) a safe and orderly transition to the oper2 ation of a fleet of cargo aircraft equipped with colli3 sion avoidance equipment; or

4 (2) other safety or public interest objectives.

5 (c) COLLISION AVOIDANCE EQUIPMENT.—For pur6 poses of this section, the term ‘‘collision avoidance equip7 ment’’ means TCAS II equipment (as defined by the Ad8 ministrator), or any other similar system approved by the

9 Administration for collision avoidance purposes.

10 SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH

11 PATH INDICATORS.

12 Within 6 months after the date of enactment of this

13 Act, the Administrator of the Federal Aviation Adminis14 tration shall solicit comments on the need for—

15 (1) the improvement of runway safety areas;

16 and

17 (2) the installation of precision approach path

18 indicators.

19 SEC. 404. AIRPLANE EMERGENCY LOCATORS.

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

21 read as follows:

22 ‘‘(b) NONAPPLICATION.—Subsection (a) does not

23 apply to aircraft when used in—
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1 ‘‘(1) scheduled flights by scheduled air carriers

2 holding certificates issued by the Secretary of Trans3 portation under subpart II of this part;

4 ‘‘(2) training operations conducted entirely

5 within a 50-mile radius of the airport from which

6 the training operations begin;

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

8 testing, manufacture, preparation, and delivery of

9 aircraft;

10 ‘‘(4) showing compliance with regulations, exhi11 bition, or air racing; or

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

13 agricultural purpose.’’.

14 (b) COMPLIANCE.—Section 44712 is amended by re15 designating subsection (c) as subsection (d), and by insert16 ing after subsection (b) the following:

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

18 the requirement of subsection (a) if it is equipped with

19 an emergency locator transmitter that transmits on the

20 121.5/243 megahertz frequency or the 406 megahertz fre21 quency, or with other equipment approved by the Sec22 retary for meeting the requirement of subsection (a).’’.

23 (c) EFFECTIVE DATE; REGULATIONS.—

24 (1) REGULATIONS.—The Secretary of Trans25 portation shall promulgate regulations under section
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1 44712(b) of title 49, United States Code, as amend2 ed by this section not later than January 1, 2002.

3 (2) EFFECTIVE DATE.—The amendments made

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

5 SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

6 (a) DENIAL; REVOCATION; AMENDMENT OF CERTIFI7 CATE.—

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

9 adding at the end thereof the following:

10 ‘‘§ 44725. Denial and revocation of certificate for

11 counterfeit parts violations

12 ‘‘(a) DENIAL OF CERTIFICATE.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2) of this subsection and subsection (e)(2) of

15 this section, the Administrator may not issue a cer16 tificate under this chapter to any person—

17 ‘‘(A) convicted of a violation of a law of

18 the United States or of a State relating to the

19 installation, production, repair, or sale of a

20 counterfeit or falsely-represented aviation part

21 or material; or

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

23 interest of an individual convicted of such a vio24 lation.
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1 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

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

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

4 if issuance of the certificate will facilitate law en5 forcement efforts.

6 ‘‘(b) REVOCATION OF CERTIFICATE.—

7 ‘‘(1) IN GENERAL.—Except as provided in sub8 sections (f) and (g) of this section, the Adminis9 trator shall issue an order revoking a certificate

10 issued under this chapter if the Administrator finds

11 that the holder of the certificate, or an individual

12 who has a controlling or ownership interest in the

13 holder—

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

15 of the United States or of a State relating to

16 the installation, production, repair, or sale of a

17 counterfeit or falsely-represented aviation part

18 or material; or

19 ‘‘(B) knowingly carried out or facilitated

20 an activity punishable under such a law.

21 ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—

22 In carrying out paragraph (1) of this subsection, the

23 Administrator may not review whether a person vio24 lated such a law.
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1 ‘‘(c) NOTICE REQUIREMENT.—Before the Adminis2 trator revokes a certificate under subsection (b), the Ad3 ministrator shall—

4 ‘‘(1) advise the holder of the certificate of the

5 reason for the revocation; and

6 ‘‘(2) provide the holder of the certificate an op7 portunity to be heard on why the certificate should

8 not be revoked.

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

10 apply to the appeal of a revocation order under subsection

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

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

13 place it appears.

14 ‘‘(e) AQUITTAL OR REVERSAL.—

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

16 revoke, and the Board may not affirm a revocation

17 of, a certificate under subsection (b)(1)(B) of this

18 section if the holder of the certificate, or the individ19 ual, is acquitted of all charges related to the viola20 tion.

21 ‘‘(2) REISSUANCE.—The Administrator may re22 issue a certificate revoked under subsection (b) of

23 this section to the former holder if—
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1 ‘‘(A) the former holder otherwise satisfies

2 the requirements of this chapter for the certifi3 cate;

4 ‘‘(B) the former holder, or individual, is

5 acquitted of all charges related to the violation

6 on which the revocation was based; or

7 ‘‘(C) the conviction of the former holder,

8 or individual, of the violation on which the rev9 ocation was based is reversed.

10 ‘‘(f) WAIVER.—The Administrator may waive revoca11 tion of a certificate under subsection (b) of this section

12 if—

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

14 States Government, or of a State (with respect to

15 violations of State law), requests a waiver; or

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

17 efforts.

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

19 of a certificate issued under this chapter is other than an

20 individual and the Administrator finds that—

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

22 ownership interest in the holder committed a viola23 tion of a law for the violation of which a certificate

24 may be revoked under this section, or knowingly car-
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1 ried out or facilitated an activity punishable under

2 such a law; and

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

4 the certificate without regard to that individual,

5 then the Administrator may amend the certificate to im6 pose a limitation that the certificate will not be valid if

7 that individual has a controlling or ownership interest in

8 the holder. A decision by the Administrator under this

9 subsection is not reviewable by the Board.’’.

10 (2) CONFORMING AMENDMENT.—The chapter

11 analysis for chapter 447 is amended by adding at

12 the end thereof the following:

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

13 (b) PROHIBITION ON EMPLOYMENT.—Section 44711

14 is amended by adding at the end thereof the following:

15 ‘‘(c) PROHIBITION ON EMPLOYMENT OF CONVICTED

16 COUNTERFEIT PART DEALERS.—No person subject to

17 this chapter may employ anyone to perform a function re18 lated to the procurement, sale, production, or repair of a

19 part or material, or the installation of a part into a civil

20 aircraft, who has been convicted of a violation of any Fed21 eral or State law relating to the installation, production,

22 repair, or sale of a counterfeit or falsely-represented avia23 tion part or material.’’.
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1 SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

2 (a) IN GENERAL.—Chapter 463 is amended by redes3 ignating section 46316 as section 46217, and by inserting

4 after section 46317 the following: (as amended by section

5 309) is amended by adding at the end thereof the following:

6 ‘‘§ 46316. 46318. Interference with cabin or flight

7 crew

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

9 with the duties or responsibilities of the flight crew or

10 cabin crew of a civil aircraft, or who poses an imminent

11 threat to the safety of the aircraft or other individuals on

12 the aircraft, is liable to the United States Government for

13 a civil penalty of not more than $10,000, which shall be

14 paid to the Federal Aviation Administration and deposited

15 in the account established by section 45303(c).

16 ‘‘(b) COMPROMISE AND SETOFF.—

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

18 Administrator may compromise the amount of a civil

19 penalty imposed under subsection (a).

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

21 of a civil penalty imposed or compromised under this

22 section from amounts it owes the individual liable

23 for the penalty.’’.

24 (b) CONFORMING CHANGE.—The chapter analysis

25 for chapter 463 is amended by striking the item relating
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1 to section 46316 and inserting after the item relating to

2 section 46315 the following:

‘‘46316. Interference with cabin or flight crew.

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

3 SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

4 (a) ESTABLISHMENT OF HIGHER INTERNATIONAL

5 STANDARDS.—The Secretary of Transportation shall work

6 with appropriate international organizations and the avia7 tion authorities of other nations to bring about their estab8 lishment of higher standards for accommodating handi9 capped passengers in air transportation, particularly with

10 respect to foreign air carriers that code-share with domes11 tic air carriers.

12 (b) INVESTIGATION OF ALL COMPLAINTS REQUIRED.—

13 Section 41705 is amended by—

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

15 providing’’;

16 (2) striking ‘‘carrier’’ and inserting ‘‘carrier, in17 cluding any foreign air carrier doing business in the

18 United States,’’; and after ‘‘In providing air trans19 portation, an air carrier’’; and

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

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

22 Each separate act of discrimination prohibited by sub23 section (a) constitutes a separate violation of that sub24 section.
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1 ‘‘(c) INVESTIGATION OF COMPLAINTS.—

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

3 designated by the Secretary within the Office of Civil

4 Rights shall investigate each complaint of a violation

5 of subsection (a).

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

7 person designated by the Secretary within the Office

8 of Civil Rights shall publish disability-related com9 plaint data in a manner comparable to other con10 sumer complaint data.

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

12 to employ personnel necessary to enforce this section.

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

14 person designated by the Secretary within the Office

15 of Civil Rights shall regularly review all complaints

16 received by air carriers alleging discrimination on the

17 basis of disability, and report annually to Congress

18 on the results of such review.

19 ‘‘(5) TECHNICAL ASSISTANT.—Not later than

20 180 days after enactment of the Air Transportation

21 and Improvement Act, the Secretary shall—

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

23 with the Department of Justice, United States

24 Architectural and Transportation Barriers Com25 pliance Board, and the National Council on Dis-
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1 ability, to provide technical assistance to air

2 carriers and individuals with disabilities in un3 derstanding the rights and responsibilities of this

4 section; and

5 ‘‘(B) ensure the availability and provision

6 of appropriate technical assistance manuals to

7 individuals and entities with rights or duties

8 under this section.’’.

9 (b) (c) INCREASED CIVIL PENALTIES.—Section

10 46301(a) is amended by—

11 (1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para12 graph (1)(A); and

13 (2) adding at the end thereof the following:

14 ‘‘(7) Unless an air carrier that violates section

15 41705 with respect to an individual provides that in16 dividual a credit or voucher for the purchase of a

17 ticket on that air carrier or any affiliated air carrier

18 in an amount (determined by the Secretary) of—

19 ‘‘(A) not less than $500 and not more

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

21 ‘‘(B) not less than $2,500 and not more

22 than $5,000 for any subsequent violation, then

23 that air carrier is liable to the United States

24 Government for a civil penalty, determined by

25 the Secretary, of not more than 100 percent of
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1 the amount of the credit or voucher so deter2 mined. For purposes of this paragraph, each

3 act of discrimination prohibited by section

4 41705 constitutes a separate violation of that

5 section.’’.

6 ‘‘(7) VIOLATION OF SECTION 41705.—

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

8 Unless an individual accepts a credit or voucher

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

10 any affiliated air carrier for a violation of sub11 section (a) in an amount (determined by the

12 Secretary) of—

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

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

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

16 than $5,000 for any subsequent violation,

17 then that air carrier is liable to the United

18 States Government for a civil penalty, deter19 mined by the Secretary, of not more than 100

20 percent of the amount of the credit or voucher so

21 determined.

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

23 subparagraph (A) precludes or affects the right of

24 persons with disabilities to file private rights of

25 action under section 41705 or to limit claims for
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1 compensatory or punitive damages asserted in

2 such cases.

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

4 penalty provided by subparagraph (A), an indi5 vidual who—

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

7 air carrier to enforce this section; and

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

9 court in which the action is brought,

10 may be awarded reasonable attorneys’ fees and

11 costs of litigation reasonably incurred in bring12 ing the action if the court deems it appro13 priate.’’.

14 SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT

15 LAND.

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

17 read as follows:

18 ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—

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

20 provided in subsection (b) of this section, the Sec21 retary of Transportation—

22 ‘‘(A) shall request the head of the depart23 ment, agency, or instrumentality of the United

24 States Government owning or controlling land

25 or airspace to convey a property interest in the
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1 land or airspace to the public agency sponsoring

2 the project or owning or controlling the airport

3 when necessary to carry out a project under

4 this subchapter at a public airport, to operate

5 a public airport, or for the future development

6 of an airport under the national plan of inte7 grated airport systems; and

8 ‘‘(B) may request the head of such a de9 partment, agency, or instrumentality to convey

10 a property interest in the land or airspace to

11 such a public agency for a use that will com12 plement, facilitate, or augment airport develop13 ment, including the development of additional

14 revenue from both aviation and nonaviation

15 sources.

16 ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN

17 CONVEYANCES.—Within 4 months after receiving a

18 request from the Secretary under paragraph (1), the

19 head of the department, agency, or instrumentality

20 shall—

21 ‘‘(A) decide whether the requested convey22 ance is consistent with the needs of the depart23 ment, agency, or instrumentality;

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

25 and
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1 ‘‘(C) make the requested conveyance if—

2 ‘‘(i) the requested conveyance is con3 sistent with the needs of the department,

4 agency, or instrumentality;

5 ‘‘(ii) the Attorney General approves

6 the conveyance; and

7 ‘‘(iii) the conveyance can be made

8 without cost to the United States Govern9 ment.

10 ‘‘(3) REVERSION.—Except as provided in sub11 section (b), a conveyance under this subsection may

12 only be made on the condition that the property in13 terest conveyed reverts to the Government, at the

14 option of the Secretary, to the extent it is not devel15 oped for an airport purpose or used consistently with

16 the conveyance.’’.

17 (b) RELEASE OF CERTAIN CONDITIONS.—Section

18 47125 is amended—

19 (1) by redesignating subsection (b) as sub20 section (c); and

21 (2) by inserting the following after subsection

22 (a):

23 ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The Sec24 retary may grant a release from any term, condition, res25 ervation, or restriction contained in any conveyance exe-
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1 cuted under this section, section 16 of the Federal Airport

2 Act, section 23 of the Airport and Airway Development

3 Act of 1970, or section 516 of the Airport and Airway

4 Improvement Act of 1982, to facilitate the development

5 of additional revenue from aeronautical and nonaeronauti6 cal sources if the Secretary—

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

8 needed for aeronautical purposes;

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

10 solely to generate revenue for the public airport;

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

12 the department, agency, or instrumentality that con13 veyed the property interest at least 30 days before

14 executing the release;

15 ‘‘(4) provides notice to the public of the re16 quested release;

17 ‘‘(5) includes in the release a written justifica18 tion for the release of the property; and

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

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

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

22 United States Code, as added by subsection (b) of this

23 section, applies to property interests conveyed before, on,

24 or after the date of enactment of this Act.
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1 (d) IDITAROD AREA SCHOOL DISTRICT.—Notwith2 standing any other provision of law (including section

3 47125 of title 49, United States Code, as amended by this

4 section), the Administrator of the Federal Aviation Ad5 ministration, or the Administrator of the General Services

6 Administration, may convey to the Iditarod Area School

7 District without reimbursement all right, title, and inter8 est in 12 acres of property at Lake Minchumina, Alaska,

9 identified by the Administrator of the Federal Aviation

10 Administration, including the structures known as housing

11 units 100 through 105 and as utility building 301.

12 SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE

13 RULES.

14 Not later than 90 days after the date of enactment

15 of this Act, the Administrator shall issue a notice of pro16 posed rulemaking to develop procedures to protect air car17 riers and their employees from civil enforcement action

18 under the program known as Flight Operations Quality

19 Assurance. enforcement actions for violations of the Federal

20 Aviation Regulations other than criminal or deliberate acts

21 that are reported or discovered as a result of voluntary re22 porting programs, such as the Flight Operations Quality

23 Assurance Program and the Aviation Safety Action Pro24 gram. Not later than 1 year after the last day of the period

25 for public comment provided for in the notice of proposed
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1 rulemaking, the Administrator shall issue a final rule es2 tablishing those procedures.

3 SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

4 (a) PLAN.—The Administrator shall identify or de5 velop a plan to implement WAAS to provide navigation

6 and landing approach capabilities for civilian use and

7 make a determination as to whether a backup system is

8 necessary. Until the Administrator determines that WAAS

9 is the sole means of navigation, the Administration shall

10 continue to develop and maintain a backup system.

11 (b) REPORT.—Within 6 months after the date of en12 actment of this Act, the Administrator shall—

13 (1) report to the Senate Committee on Com14 merce, Science, and Transportation and the House

15 of Representatives Committee on Transportation

16 and Infrastructure, on the plan developed under sub17 section (a);

18 (2) submit a timetable for implementing

19 WAAS; and

20 (3) make a determination as to whether WAAS

21 will ultimately become a primary or sole means of

22 navigation and landing approach capabilities.

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

24 the term ‘‘WAAS’’ means wide area augmentation system.
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1 (d) FUNDING AUTHORIZATION.—There are author2 ized to be appropriated to the Secretary of Transportation

3 such sums as may be necessary to carry out this section.

4 SEC. 411. REGULATION OF ALASKA AIR GUIDES.

5 The Administrator shall reissue the notice to opera6 tors originally published in the Federal Register on Janu7 ary 2, 1998, which advised Alaska guide pilots of the ap8 plicability of part 135 of title 14, Code of Federal Regula9 tions, to guide pilot operations. In reissuing the notice,

10 the Administrator shall provide for not less than 60 days

11 of public comment on the Federal Aviation Administration

12 action. If, notwithstanding the public comments, the Ad13 ministrator decides to proceed with the action, the Admin14 istrator shall publish in the Federal Register a notice jus15 tifying the Administrator’s decision and providing at least

16 90 days for compliance.

17 SEC. 412. APPLICATION OF FAA REGULATIONS.

18 SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

19 Section 40113 (a) APPLICATION OF FAA REGULA20 TIONS.—Section 40113 is amended by adding at the end

21 thereof the following:

22 ‘‘(f) APPLICATION OF CERTAIN REGULATIONS TO

23 ALASKA.—In amending title 14, Code of Federal Regula24 tions, in a manner affecting intrastate aviation in Alaska,

25 the Administrator of the Federal Aviation Administration
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1 shall consider the extent to which Alaska is not served by

2 transportation modes other than aviation, and shall estab3 lish such regulatory distinctions as the Administrator con4 siders appropriate.’’.

5 (b) AVIATION CLOSED CIRCUIT TELEVISION.—The Ad6 ministrator of the Federal Aviation Administration, in con7 sultation with commercial and general aviation pilots, shall

8 install closed circuit weather surveillance equipment at not

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

10 dissemination of information derived from such equipment

11 to pilots for pre-flight planning purposes and en route pur12 poses, including through the dissemination of such informa13 tion to pilots by flight service stations. There are authorized

14 to be appropriated $2,000,000 for the purposes of this sub15 section.

16 (c) MIKE-IN-HAND WEATHER OBSERVATION.—The Ad17 ministrator of the Federal Aviation Administration and the

18 Assistant Administrator of the National Weather Service,

19 in consultation with the National Transportation Safety

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

21 and implement a ‘‘mike-in-hand’’ weather observation pro22 gram in Alaska under which Federal Aviation Administra23 tion employees, National Weather Service employees, other

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

25 contracted specifically for such purpose (including part-
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1 time contract employees who are not sited at such airport),

2 will provide near-real time aviation weather information

3 via radio and otherwise to pilots who request such informa4 tion.

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

6 to be appropriated $4,000,000 to the Administrator for run7 way lighting and weather reporting systems at remote air8 ports in Alaska to implement the CAPSTONE project.

9 SEC. 413. HUMAN FACTORS PROGRAM.

10 (a) IN GENERAL.—Chapter 445 is amended by add11 ing at the end thereof the following:

12 ‘‘§ 44516. Human factors program

13 ‘‘(a) OVERSIGHT COMMITTEE.—The Administrator

14 of the Federal Aviation Administration shall establish an

15 advanced qualification program oversight committee to ad16 vise the Administrator on the development and execution

17 of Advanced Qualification Programs for air carriers under

18 this section, and to encourage their adoption and imple19 mentation.

20 ‘‘(b) HUMAN FACTORS TRAINING.—

21 ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Admin22 istrator shall—

23 ‘‘(A) address the problems and concerns

24 raised by the National Research Council in its
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1 report ‘The Future of Air Traffic Control’ on

2 air traffic control automation; and

3 ‘‘(B) respond to the recommendations

4 made by the National Research Council.

5 ‘‘(2) PILOTS AND FLIGHT CREWS.—The Admin6 istrator shall work with the aviation industry to de7 velop specific training curricula, within 12 months

8 after the date of enactment of the Air Transpor9 tation Improvement Act, to address critical safety

10 problems, including problems of pilots—

11 ‘‘(A) in recovering from loss of control of

12 the aircraft, including handling unusual atti13 tudes and mechanical malfunctions;

14 ‘‘(B) in deviating from standard operating

15 procedures, including inappropriate responses to

16 emergencies and hazardous weather;

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

18 relative to terrain to prevent controlled flight

19 into terrain; and

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

21 nonprecision approaches and go-around proce22 dures.

23 ‘‘(c) ACCIDENT INVESTIGATIONS.—The Adminis24 trator, working with the National Transportation Safety

25 Board and representatives of the aviation industry, shall
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1 establish a process to assess human factors training as

2 part of accident and incident investigations.

3 ‘‘(d) TEST PROGRAM.—The Administrator shall es4 tablish a test program in cooperation with United States

5 air carriers to use model Jeppesen approach plates or

6 other similar tools to improve nonprecision landing ap7 proaches for aircraft.

8 ‘‘(e) ADVANCED QUALIFICATION PROGRAM DE9 FINED.—For purposes of this section, the term ‘advanced

10 qualification program’ means an alternative method for

11 qualifying, training, certifying, and ensuring the com12 petency of flight crews and other commercial aviation op13 erations personnel subject to the training and evaluation

14 requirements of Parts 121 and 135 of title 14, Code of

15 Federal Regulations.’’.

16 (b) AUTOMATION AND ASSOCIATED TRAINING.—The

17 Administrator shall complete the Administration’s updat18 ing of training practices for flight deck automation and

19 associated training requirements within 12 months after

20 the date of enactment of this Act.

21 (c) CONFORMING AMENDMENT.—The chapter analy22 sis for chapter 445 is amended by adding at the end there23 of the following:

‘‘44516. Human factors program.’’.
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1 SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND

2 ALLOCATIONS.

3 (a) INDEPENDENT ASSESSMENT.—

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

5 the date of enactment of this Act, the Inspector

6 General of the Department of Transportation shall

7 initiate the analyses described in paragraph (2). In

8 conducting the analyses, the Inspector General shall

9 ensure that the analyses are carried out by 1 or

10 more entities that are independent of the Federal

11 Aviation Administration. The Inspector General may

12 use the staff and resources of the Inspector General

13 or may contract with independent entities to conduct

14 the analyses.

15 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

16 OF FAA COST DATA AND ATTRIBUTIONS.—To ensure

17 that the method for capturing and distributing the

18 overall costs of the Federal Aviation Administration

19 is appropriate and reasonable, the Inspector General

20 shall conduct an assessment that includes the follow21 ing:

22 (A)(i) Validation of Federal Aviation Ad23 ministration cost input data, including an audit

24 of the reliability of Federal Aviation Adminis25 tration source documents and the integrity and
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1 reliability of the Federal Aviation Administra2 tion’s data collection process.

3 (ii) An assessment of the reliability of the

4 Federal Aviation Administration’s system for

5 tracking assets.

6 (iii) An assessment of the reasonableness

7 of the Federal Aviation Administration’s bases

8 for establishing asset values and depreciation

9 rates.

10 (iv) An assessment of the Federal Aviation

11 Administration’s system of internal controls for

12 ensuring the consistency and reliability of re13 ported data to begin immediately after full

14 operational capability of the cost accounting

15 system.

16 (B) A review and validation of the Federal

17 Aviation Administration’s definition of the serv18 ices to which the Federal Aviation Administra19 tion ultimately attributes its costs, and the

20 methods used to identify direct costs associated

21 with the services.

22 (C) An assessment and validation of the

23 general cost pools used by the Federal Aviation

24 Administration, including the rationale for and

25 reliability of the bases on which the Federal
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1 Aviation Administration proposes to allocate

2 costs of services to users and the integrity of

3 the cost pools as well as any other factors con4 sidered important by the Inspector General. Ap5 propriate statistical tests shall be performed to

6 assess relationships between costs in the various

7 cost pools and activities and services to which

8 the costs are attributed by the Federal Aviation

9 Administration.

10 (b) DEADLINE.—The independent analyses described

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

12 after the contracts are awarded to the outside independent

13 contractors. The Inspector General shall submit a final re14 port combining the analyses done by its staff with those

15 of the outside independent contractors to the Secretary of

16 Transportation, the Administrator, the Committee on

17 Commerce, Science, and Transportation of the Senate,

18 and the Committee on Transportation and Infrastructure

19 of the House of Representatives. The final report shall be

20 submitted by the Inspector General not later than 300

21 days after the award of contracts.

22 (c) FUNDING.—There are authorized to be appro23 priated such sums as may be necessary for the cost of

24 the contracted audit services authorized by this section.
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1 SEC. 415. WHISTLEBLOWER PROTECTION FOR FAA EM2 PLOYEES.

3 Section 347(b)(1) of Public Law 104–50 (49 U.S.C.

4 106, note) is amended by striking ‘‘protection;’’ and in5 serting ‘‘protection, including the provisions for investiga6 tions and enforcement as provided in chapter 12 of title

7 5, United States Code;’’.

8 SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC

9 SYSTEM.

10 The Administrator of the Federal Aviation Adminis11 tration shall report to the Congress on plans to modernize

12 the oceanic air traffic control system, including a budget

13 for the program, a determination of the requirements for

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

15 program.

16 SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT

17 SYSTEM.

18 Beginning in 2000, the Administrator of the Federal

19 Aviation Administration shall report biannually to the

20 Congress on the air transportation oversight system pro21 gram announced by the Administration on May 13, 1998,

22 in detail on the training of inspectors, the number of in23 spectors using the system, air carriers subject to the sys24 tem, and the budget for the system.
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1 SEC. 418. RECYCLING OF EIS.

2 Notwithstanding any other provision of law to the

3 contrary, the Secretary of Transportation may authorize

4 the use, in whole or in part, of a completed environmental

5 assessment or environmental impact study for a new air6 port construction project on the air operations area, that

7 is substantially similar in nature to one previously con8 structed pursuant to the completed environmental assess9 ment or environmental impact study in order to avoid un10 necessary duplication of expense and effort, and any such

11 authorized use shall meet all requirements of Federal law

12 for the completion of such an assessment or study.

13 SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR

14 SAFETY INFORMATION.

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

16 adding at the end the following new subchapter:

17 ‘‘SUBCHAPTER III—WHISTLEBLOWER

18 PROTECTION PROGRAM

19 ‘‘§ 42121. Protection of employees providing air safe20 ty information

21 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY22 EES.—No air carrier or contractor or subcontractor of an

23 air carrier may discharge an employee of the air carrier

24 or the contractor or subcontractor of an air carrier or oth25 erwise discriminate against any such employee with re26 spect to compensation, terms, conditions, or privileges of
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1 employment because the employee (or any person acting

2 pursuant to a request of the employee)—

3 ‘‘(1) provided, caused to be provided, or is

4 about to provide or cause to be provided to the Fed5 eral Government information relating to any viola6 tion or alleged violation of any order, regulation, or

7 standard of the Federal Aviation Administration or

8 any other provision of Federal law relating to air

9 carrier safety under this subtitle or any other law of

10 the United States;

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

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

13 violation or alleged violation of any order, regulation,

14 or standard of the Federal Aviation Administration

15 or any other provision of Federal law relating to air

16 carrier safety under this subtitle or any other law of

17 the United States;

18 ‘‘(3) testified or will testify in such a proceed19 ing; or

20 ‘‘(4) assisted or participated or is about to as21 sist or participate in such a proceeding.

22 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE23 DURE.—

24 ‘‘(1) FILING AND NOTIFICATION.—
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1 ‘‘(A) IN GENERAL.—In accordance with

2 this paragraph, a person may file (or have a

3 person file on behalf of that person) a com4 plaint with the Secretary of Labor if that per5 son believes that an air carrier or contractor or

6 subcontractor of an air carrier discharged or

7 otherwise discriminated against that person in

8 violation of subsection (a).

9 ‘‘(B) REQUIREMENTS FOR FILING COM10 PLAINTS.—A complaint referred to in subpara11 graph (A) may be filed not later than 90 days

12 after an alleged violation occurs. The complaint

13 shall state the alleged violation.

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

15 complaint submitted under subparagraph (A),

16 the Secretary of Labor shall notify the air car17 rier, contractor, or subcontractor named in the

18 complaint and the Administrator of the Federal

19 Aviation Administration of the—

20 ‘‘(i) filing of the complaint;

21 ‘‘(ii) allegations contained in the com22 plaint;

23 ‘‘(iii) substance of evidence supporting

24 the complaint; and
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1 ‘‘(iv) opportunities that are afforded

2 to the air carrier, contractor, or sub3 contractor under paragraph (2).

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

5 ‘‘(A) IN GENERAL.—

6 ‘‘(i) INVESTIGATION.—Not later than

7 60 days after receipt of a complaint filed

8 under paragraph (1) and after affording

9 the person named in the complaint an op10 portunity to submit to the Secretary of

11 Labor a written response to the complaint

12 and an opportunity to meet with a rep13 resentative of the Secretary to present

14 statements from witnesses, the Secretary

15 of Labor shall conduct an investigation

16 and determine whether there is reasonable

17 cause to believe that the complaint has

18 merit and notify in writing the complain19 ant and the person alleged to have commit20 ted a violation of subsection (a) of the Sec21 retary’s findings.

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

23 subparagraph (B), if the Secretary of

24 Labor concludes that there is reasonable

25 cause to believe that a violation of sub-
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1 section (a) has occurred, the Secretary

2 shall accompany the findings referred to in

3 clause (i) with a preliminary order provid4 ing the relief prescribed under paragraph

5 (3)(B).

6 ‘‘(iii) OBJECTIONS.—Not later than

7 30 days after the date of notification of

8 findings under this paragraph, the person

9 alleged to have committed the violation or

10 the complainant may file objections to the

11 findings or preliminary order and request a

12 hearing on the record.

13 ‘‘(iv) EFFECT OF FILING.—The filing

14 of objections under clause (iii) shall not op15 erate to stay any reinstatement remedy

16 contained in the preliminary order.

17 ‘‘(v) HEARINGS.—Hearings conducted

18 pursuant to a request made under clause

19 (iii) shall be conducted expeditiously. expe20 ditiously and governed by the Federal Rules

21 of Civil Procedure. If a hearing is not re22 quested during the 30-day period pre23 scribed in clause (iii), the preliminary

24 order shall be deemed a final order that is

25 not subject to judicial review.
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1 ‘‘(B) REQUIREMENTS.—

2 ‘‘(i) REQUIRED SHOWING BY COM3 PLAINANT.—The Secretary of Labor shall

4 dismiss a complaint filed under this sub5 section and shall not conduct an investiga6 tion otherwise required under subpara7 graph (A) unless the complainant makes a

8 prima facie showing that any behavior de9 scribed in paragraphs (1) through (4) of

10 subsection (a) was a contributing factor in

11 the unfavorable personnel action alleged in

12 the complaint.

13 ‘‘(ii) SHOWING BY EMPLOYER.—Not14 withstanding a finding by the Secretary

15 that the complainant has made the show16 ing required under clause (i), no investiga17 tion otherwise required under subpara18 graph (A) shall be conducted if the em19 ployer demonstrates, by clear and convinc20 ing evidence, that the employer would have

21 taken the same unfavorable personnel ac22 tion in the absence of that behavior.

23 ‘‘(iii) CRITERIA FOR DETERMINATION

24 BY SECRETARY.—The Secretary may de25 termine that a violation of subsection (a)
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1 has occurred only if the complainant dem2 onstrates that any behavior described in

3 paragraphs (1) through (4) of subsection

4 (a) was a contributing factor in the unfa5 vorable personnel action alleged in the

6 complaint.

7 ‘‘(iv) PROHIBITION.—Relief may not

8 be ordered under subparagraph (A) if the

9 employer demonstrates by clear and con10 vincing evidence that the employer would

11 have taken the same unfavorable personnel

12 action in the absence of that behavior.

13 ‘‘(3) FINAL ORDER.—

14 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE15 MENT AGREEMENTS.—

16 ‘‘(i) IN GENERAL.—Not later than

17 120 days after conclusion of a hearing

18 under paragraph (2), the Secretary of

19 Labor shall issue a final order that—

20 ‘‘(I) provides relief in accordance

21 with this paragraph; or

22 ‘‘(II) denies the complaint.

23 ‘‘(ii) SETTLEMENT AGREEMENT.—At

24 any time before issuance of a final order

25 under this paragraph, a proceeding under
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1 this subsection may be terminated on the

2 basis of a settlement agreement entered

3 into by the Secretary of Labor, the com4 plainant, and the air carrier, contractor, or

5 subcontractor alleged to have committed

6 the violation.

7 ‘‘(B) REMEDY.—If, in response to a com8 plaint filed under paragraph (1), the Secretary

9 of Labor determines that a violation of sub10 section (a) has occurred, the Secretary of Labor

11 shall order the air carrier, contractor, or sub12 contractor that the Secretary of Labor deter13 mines to have committed the violation to—

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

15 ‘‘(ii) reinstate the complainant to the

16 former position of the complainant and en17 sure the payment of compensation (includ18 ing back pay) and the restoration of terms,

19 conditions, and privileges associated with

20 the employment; and

21 ‘‘(iii) provide compensatory damages

22 to the complainant.

23 ‘‘(C) COSTS OF COMPLAINT.—If the Sec24 retary of Labor issues a final order that pro25 vides for relief in accordance with this para-
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1 graph, the Secretary of Labor, at the request of

2 the complainant, shall assess against the air

3 carrier, contractor, or subcontractor named in

4 the order an amount equal to the aggregate

5 amount of all costs and expenses (including at6 torney and expert witness fees) reasonably in7 curred by the complainant (as determined by

8 the Secretary of Labor) for, or in connection

9 with, the bringing of the complaint that re10 sulted in the issuance of the order.

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

12 Federal Rules of Civil Procedure applies to any com13 plaint brought under this section that the Secretary

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

15 faith.

16 ‘‘(4) (5) REVIEW.—

17 ‘‘(A) APPEAL TO COURT OF APPEALS.—

18 ‘‘(i) IN GENERAL.—Not later than 60

19 days after a final order is issued under

20 paragraph (3), a person adversely affected

21 or aggrieved by that order may obtain re22 view of the order in the United States

23 court of appeals for the circuit in which

24 the violation allegedly occurred or the cir-
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1 cuit in which the complainant resided on

2 the date of that violation.

3 ‘‘(ii) REQUIREMENTS FOR JUDICIAL

4 REVIEW.—A review conducted under this

5 paragraph shall be conducted in accord6 ance with chapter 7 of title 5. The com7 mencement of proceedings under this sub8 paragraph shall not, unless ordered by the

9 court, operate as a stay of the order that

10 is the subject of the review.

11 ‘‘(B) LIMITATION ON COLLATERAL AT12 TACK.—An order referred to in subparagraph

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

14 criminal or other civil proceeding.

15 ‘‘(5) (6) ENFORCEMENT OF ORDER BY SEC16 RETARY OF LABOR.—

17 ‘‘(A) IN GENERAL.—If an air carrier, con18 tractor, or subcontractor named in an order

19 issued under paragraph (3) fails to comply with

20 the order, the Secretary of Labor may file a

21 civil action in the United States district court

22 for the district in which the violation occurred

23 to enforce that order.

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

25 under this paragraph, the district court shall
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1 have jurisdiction to grant any appropriate form

2 of relief, including injunctive relief and compen3 satory damages.

4 ‘‘(6) (7) ENFORCEMENT OF ORDER BY PAR5 TIES.—

6 ‘‘(A) COMMENCEMENT OF ACTION.—A per7 son on whose behalf an order is issued under

8 paragraph (3) may commence a civil action

9 against the air carrier, contractor, or sub10 contractor named in the order to require com11 pliance with the order. The appropriate United

12 States district court shall have jurisdiction,

13 without regard to the amount in controversy or

14 the citizenship of the parties, to enforce the

15 order.

16 ‘‘(B) ATTORNEY FEES.—In issuing any

17 final order under this paragraph, the court may

18 award costs of litigation (including reasonable

19 attorney and expert witness fees) to any party

20 if the court determines that the awarding of

21 those costs is appropriate.

22 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im23 posed by this section shall be enforceable in a mandamus

24 proceeding brought under section 1361 of title 28.
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1 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA2 TIONS.—Subsection (a) shall not apply with respect to an

3 employee of an air carrier, or contractor or subcontractor

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

5 air carrier (or an agent, contractor, or subcontractor of

6 the air carrier), deliberately causes a violation of any re7 quirement relating to air carrier safety under this subtitle

8 or any other law of the United States.’’. United States.

9 ‘‘(e) CONTRACTOR DEFINED.—In this section, the term

10 ‘contractor’ means a company that performs safety-sensitive

11 functions by contract for an air carrier.’’.

12 (b) CONFORMING AMENDMENT.—The chapter analy13 sis for chapter 421 is amended by adding at the end the

14 following:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

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

15 (c) CIVIL PENALTY.—Section 46301(a)(1)(A) is

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

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

18 SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

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

20 thereof the following:

21 ‘‘(5) The Administrator may improve real prop22 erty leased for air navigation facilities without re-
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1 gard to the costs of the improvements in relation to

2 the cost of the lease if—

3 ‘‘(A) the improvements primarily benefit

4 the government;

5 ‘‘(B) are essential for mission accomplish6 ment; and

7 ‘‘(C) the government’s interest in the im8 provements is protected.’’.

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

10 CARRIERS.

11 Section 47107 is amended by adding at the end

12 thereof the following:

13 ‘‘(q) DENIAL OF ACCESS.—

14 ‘‘(1) EFFECT OF DENIAL.—If an owner or oper15 ator of an airport described in paragraph (2) denies

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

17 that denial shall not be considered to be unreason18 able or unjust discrimination or a violation of this

19 section.

20 ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP21 PLIES.—An airport is described in this paragraph if

22 it—

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

24 the Administrator of the Federal Aviation Ad25 ministration;
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1 ‘‘(B) does not have an operating certificate

2 issued under part 139 of title 14, Code of Fed3 eral Regulations (or any subsequent similar reg4 ulations); and

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

6 an airport that has—

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

8 annual boardings in the United States; and

9 ‘‘(ii) current gate capacity to handle

10 the demands of a public charter operation.

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

12 is described in this paragraph if it conducts oper13 ations as a public charter under part 380 of title 14,

14 Code of Federal Regulations (or any subsequent

15 similar regulations) with aircraft that is designed to

16 carry more than 9 passengers per flight.

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

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

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

20 ‘air transportation’, ‘aircraft’, and ‘airport’

21 have the meanings given those terms in section

22 40102 of this title.

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

24 charter’ means charter air transportation for

25 which the general public is provided in advance
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1 a schedule containing the departure location,

2 departure time, and arrival location of the

3 flights.’’.

4 SEC. 422. TOURISM.

5 (a) FINDINGS.—Congress finds that—

6 (1) through an effective public-private partner7 ship, Federal, State, and local governments and the

8 travel and tourism industry can successfully market

9 the United States as the premiere international tour10 ist destination in the world;

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

12 made a substantial contribution to the health of the

13 Nation’s economy, as follows:

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

15 largest employers, directly employing 7,000,000

16 Americans, throughout every region of the

17 country, heavily concentrated among small busi18 nesses, and indirectly employing an additional

19 9,200,000 Americans, for a total of 16,200,000

20 jobs.

21 (B) The industry ranks as the first, sec22 ond, or third largest employer in 32 States and

23 the District of Columbia, generating a total

24 tourism-related annual payroll of

25 $127,900,000,000.
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1 (C) The industry has become the Nation’s

2 third-largest retail sales industry, generating a

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

4 (D) The industry generated

5 $71,700,000,000 in tax revenues for Federal,

6 State, and local governments;

7 (3) the more than $98,000,000,000 spent by

8 foreign visitors in the United States in 1997 gen9 erated a trade services surplus of more than

10 $26,000,000,000;

11 (4) the private sector, States, and cities cur12 rently spend more than $1,000,000,000 annually to

13 promote particular destinations within the United

14 States to international visitors;

15 (5) because other nations are spending hun16 dreds of millions of dollars annually to promote the

17 visits of international tourists to their countries, the

18 United States will miss a major marketing oppor19 tunity if it fails to aggressively compete for an in20 creased share of international tourism expenditures

21 as they continue to increase over the next decade;

22 (6) a well-funded, well-coordinated international

23 marketing effort—combined with additional public

24 and private sector efforts—would help small and

25 large businesses, as well as State and local govern-
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1 ments, share in the anticipated phenomenal growth

2 of the international travel and tourism market in the

3 21st century;

4 (7) by making permanent the successful visa

5 waiver pilot program, Congress can facilitate the in6 creased flow of international visitors to the United

7 States;

8 (8) Congress can increase the opportunities for

9 attracting international visitors and enhancing their

10 stay in the United States by—

11 (A) improving international signage at air12 ports, seaports, land border crossings, high13 ways, and bus, train, and other public transit

14 stations in the United States;

15 (B) increasing the availability of multi16 lingual tourist information; and

17 (C) creating a toll-free, private-sector oper18 ated, telephone number, staffed by multilingual

19 operators, to provide assistance to international

20 tourists coping with an emergency;

21 (9) by establishing a satellite system of ac22 counting for travel and tourism, the Secretary of

23 Commerce could provide Congress and the President

24 with objective, thorough data that would help policy25 makers more accurately gauge the size and scope of
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1 the domestic travel and tourism industry and its sig2 nificant impact on the health of the Nation’s econ3 omy; and

4 (10) having established the United States Na5 tional Tourism Organization under the United

6 States National Tourism Organization Act of 1996

7 (22 U.S.C. 2141 et seq.) to increase the United

8 States share of the international tourism market by

9 developing a national travel and tourism strategy,

10 Congress should support a long-term marketing ef11 fort and other important regulatory reform initia12 tives to promote increased travel to the United

13 States for the benefit of every sector of the economy.

14 (b) PURPOSES.—The purposes of this section are to

15 provide international visitor initiatives and an inter16 national marketing program to enable the United States

17 travel and tourism industry and every level of government

18 to benefit from a successful effort to make the United

19 States the premiere travel destination in the world.

20 (c) INTERNATIONAL VISITOR ASSISTANCE TASK

21 FORCE.—

22 (1) ESTABLISHMENT.—Not later than 9

23 months after the date of enactment of this Act, the

24 Secretary of Commerce shall establish an Intergov25 ernmental Task Force for International Visitor As-
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1 sistance (hereafter in this subsection referred to as

2 the ‘‘Task Force’’).

3 (2) DUTIES.—The Task Force shall examine—

4 (A) signage at facilities in the United

5 States, including airports, seaports, land border

6 crossings, highways, and bus, train, and other

7 public transit stations, and shall identify exist8 ing inadequacies and suggest solutions for such

9 inadequacies, such as the adoption of uniform

10 standards on international signage for use

11 throughout the United States in order to facili12 tate international visitors’ travel in the United

13 States;

14 (B) the availability of multilingual travel

15 and tourism information and means of dissemi16 nating, at no or minimal cost to the Govern17 ment, of such information; and

18 (C) facilitating the establishment of a toll19 free, private-sector operated, telephone number,

20 staffed by multilingual operators, to provide as21 sistance to international tourists coping with an

22 emergency.

23 (3) MEMBERSHIP.—The Task Force shall be

24 composed of the following members:

25 (A) The Secretary of Commerce.
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1 (B) The Secretary of State.

2 (C) The Secretary of Transportation.

3 (D) The Chair of the Board of Directors

4 of the United States National Tourism Organi5 zation.

6 (E) Such other representatives of other

7 Federal agencies and private-sector entities as

8 may be determined to be appropriate to the

9 mission of the Task Force by the Chairman.

10 (4) CHAIRMAN.—The Secretary of Commerce

11 shall be Chairman of the Task Force. The Task

12 Force shall meet at least twice each year. Each

13 member of the Task Force shall furnish necessary

14 assistance to the Task Force.

15 (5) REPORT.—Not later than 18 months after

16 the date of the enactment of this Act, the Chairman

17 of the Task Force shall submit to the President and

18 to Congress a report on the results of the review, in19 cluding proposed amendments to existing laws or

20 regulations as may be appropriate to implement

21 such recommendations.

22 (d) TRAVEL AND TOURISM INDUSTRY SATELLITE

23 SYSTEM OF ACCOUNTING.—

24 (1) IN GENERAL.—The Secretary of Commerce

25 shall complete, as soon as may be practicable, a sat-
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1 ellite system of accounting for the travel and tour2 ism industry.

3 (2) FUNDING.—To the extent any costs or ex4 penditures are incurred under this subsection, they

5 shall be covered to the extent funds are available to

6 the Department of Commerce for such purpose.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) AUTHORIZATION.—Subject to paragraph

9 (2), there are authorized to be appropriated such

10 sums as may be necessary for the purpose of fund11 ing international promotional activities by the

12 United States National Tourism Organization to

13 help brand, position, and promote the United States

14 as the premiere travel and tourism destination in the

15 world.

16 (2) RESTRICTIONS ON USE OF FUNDS.—None

17 of the funds appropriated under paragraph (1) may

18 be used for purposes other than marketing, research,

19 outreach, or any other activity designed to promote

20 the United States as the premiere travel and tour21 ism destination in the world, except that the general

22 and administrative expenses of operating the United

23 States National Tourism Organization shall be borne

24 by the private sector through such means as the
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1 Board of Directors of the Organization shall deter2 mine.

3 (3) REPORT TO CONGRESS.—Not later than

4 March 30 of each year in which funds are made

5 available under subsection (a), the Secretary shall

6 submit to the Committee on Commerce of the House

7 of Representatives and the Committee on Commerce,

8 Science, and Transportation of the Senate a detailed

9 report setting forth—

10 (A) the manner in which appropriated

11 funds were expended;

12 (B) changes in the United States market

13 share of international tourism in general and as

14 measured against specific countries and regions;

15 (C) an analysis of the impact of inter16 national tourism on the United States economy,

17 including, as specifically as practicable, an anal18 ysis of the impact of expenditures made pursu19 ant to this section;

20 (D) an analysis of the impact of inter21 national tourism on the United States trade

22 balance and, as specifically as practicable, an

23 analysis of the impact on the trade balance of

24 expenditures made pursuant to this section; and
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1 (E) an analysis of other relevant economic

2 impacts as a result of expenditures made pursu3 ant to this section.

4 SEC. 423. EQUIVALENCY OF FAA AND EU SAFETY STAND5 ARDS.

6 The Administrator of the Federal Aviation Adminis7 tration shall determine whether the Administration’s safe8 ty regulations are equivalent to the safety standards set

9 forth in European Union Directive 89/336EEC. If the Ad10 ministrator determines that the standards are equivalent,

11 the Administrator shall work with the Secretary of Com12 merce to gain acceptance of that determination pursuant

13 to the Mutual Recognition Agreement between the United

14 States and the European Union of May 18, 1998, in order

15 to ensure that aviation products approved by the Adminis16 tration are acceptable under that Directive.

17 SEC. 424. SENSE OF THE SENATE ON PROPERTY TAXES ON

18 PUBLIC-USE AIRPORTS.

19 It is the sense of the Senate that—

20 (1) property taxes on public-use airports should

21 be assessed fairly and equitably, regardless of the lo22 cation of the owner of the airport; and

23 (2) the property tax recently assessed on the

24 City of The Dalles, Oregon, as the owner and opera25 tor of the Columbia Gorge Regional/The Dalles Mu-
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1 nicipal Airport, located in the State of Washington,

2 should be repealed.

3 SEC. 425. FEDERAL AVIATION ADMINISTRATION PERSON4 NEL MANAGEMENT SYSTEM.

5 (a) APPLICABILITY OF MERIT SYSTEMS PROTECTION

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

7 of Transportation and Related Agencies Appropriations

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

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

10 (6);

11 (2) by striking the period at the end of para12 graph (7) and inserting a semicolon and ‘‘and’’; and

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

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

15 7701–7703, relating to the Merit Systems Protec16 tion Board.’’.

17 (b) APPEALS TO MERIT SYSTEMS PROTECTION

18 BOARD.—Section 347(c) of the Department of Transpor19 tation and Related Agencies Appropriations Act, 1996 is

20 amended to read as follows:

21 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

22 BOARD.—Under the new personnel management system

23 developed and implemented under subsection (a), an em24 ployee of the Federal Aviation Administration may submit

25 an appeal to the Merit Systems Protection Board and may
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1 seek judicial review of any resulting final orders or deci2 sions of the Board from any action that was appealable

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

4 March 31, 1996.’’.

5 SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR

6 AND MAINTENANCE ADVISORY PANEL.

7 (a) ESTABLISHMENT OF PANEL.—The Administrator

8 of the Federal Aviation Administration—

9 (1) shall establish an Aircraft Repair and Main10 tenance Advisory Panel to review issues related to

11 the use and oversight of aircraft and aviation com12 ponent repair and maintenance facilities located

13 within, or outside of, the United States; and

14 (2) may seek the advice of the panel on any

15 issue related to methods to improve the safety of do16 mestic or foreign contract aircraft and aviation com17 ponent repair facilities.

18 (b) MEMBERSHIP.—The panel shall consist of—

19 (1) 8 members, appointed by the Administrator

20 as follows:

21 (A) 3 representatives of labor organiza22 tions representing aviation mechanics;

23 (B) 1 representative of cargo air carriers;

24 (C) 1 representative of passenger air car25 riers;
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1 (D) 1 representative of aircraft and avia2 tion component repair stations;

3 (E) 1 representative of aircraft manufac4 turers; and

5 (F) 1 representative of the aviation indus6 try not described in the preceding subpara7 graphs;

8 (2) 1 representative from the Department of

9 Transportation, designated by the Secretary of

10 Transportation;

11 (3) 1 representative from the Department of

12 State, designated by the Secretary of State; and

13 (4) 1 representative from the Federal Aviation

14 Administration, designated by the Administrator.

15 (c) RESPONSIBILITIES.—The panel shall—

16 (1) determine how much aircraft and aviation

17 component repair work and what type of aircraft

18 and aviation component repair work is being per19 formed by aircraft and aviation component repair

20 stations located within, and outside of, the United

21 States to better understand and analyze methods to

22 improve the safety and oversight of such facilities;

23 and

24 (2) provide advice and counsel to the Adminis25 trator with respect to aircraft and aviation compo-
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1 nent repair work performed by those stations, staff2 ing needs, and any safety issues associated with that

3 work.

4 (d) FAA TO REQUEST INFORMATION FROM FOR5 EIGN AIRCRAFT REPAIR STATIONS.—

6 (1) COLLECTION OF INFORMATION.—The Ad7 ministrator shall by regulation request aircraft and

8 aviation component repair stations located outside

9 the United States to submit such information as the

10 Administrator may require in order to assess safety

11 issues and enforcement actions with respect to the

12 work performed at those stations on aircraft used by

13 United States air carriers.

14 (2) DRUG AND ALCOHOL TESTING INFORMA15 TION.—Included in the information the Adminis16 trator requests under paragraph (1) shall be infor17 mation on the existence and administration of em18 ployee drug and alcohol testing programs in place at

19 such stations, if applicable.

20 (3) DESCRIPTION OF WORK DONE.—Included in

21 the information the Administrator requests under

22 paragraph (1) shall be information on the amount

23 and type of aircraft and aviation component repair

24 work performed at those stations on aircraft reg25 istered in the United States.
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1 (e) FAA TO REQUEST INFORMATION ABOUT DOMES2 TIC AIRCRAFT REPAIR STATIONS.—If the Administrator

3 determines that information on the volume of the use of

4 domestic aircraft and aviation component repair stations

5 is needed in order to better utilize Federal Aviation Ad6 ministration resources, the Administrator may—

7 (1) require United States air carriers to submit

8 the information described in subsection (d) with re9 spect to their use of contract and noncontract air10 craft and aviation component repair facilities located

11 in the United States; and

12 (2) obtain information from such stations about

13 work performed for foreign air carriers.

14 (f) FAA TO MAKE INFORMATION AVAILABLE TO

15 PUBLIC.—The Administrator shall make any information

16 received under subsection (d) or (e) available to the public.

17 (g) TERMINATION.—The panel established under

18 subsection (a) shall terminate on the earlier of—

19 (1) the date that is 2 years after the date of en20 actment of this Act; or

21 (2) December 31, 2000.

22 (h) ANNUAL REPORT TO CONGRESS.—The Adminis23 trator shall report annually to the Congress on the number

24 and location of air agency certificates that were revoked,

25 suspended, or not renewed during the preceding year.
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1 (i) DEFINITIONS.—Any term used in this section that

2 is defined in subtitle VII of title 49, United States Code,

3 has the meaning given that term in that subtitle.

4 SEC. 427. REPORT ON ENHANCED DOMESTIC AIRLINE COM5 PETITION.

6 (a) FINDINGS.—The Congress makes the following

7 findings:

8 (1) There has been a reduction in the level of

9 competition in the domestic airline business brought

10 about by mergers, consolidations, and proposed do11 mestic alliances.

12 (2) Foreign citizens and foreign air carriers

13 may be willing to invest in existing or start-up air14 lines if they are permitted to acquire a larger equity

15 share of a United States airline.

16 (b) STUDY.—The Secretary of Transportation, after

17 consulting the appropriate Federal agencies, shall study

18 and report to the Congress not later than June 30, 1999,

19 on the desirability and implications of—

20 (1) decreasing the foreign ownership provision

21 in section 40102(a)(15) of title 49, United States

22 Code, to 51 percent from 75 percent; and

23 (2) changing the definition of air carrier in sec24 tion 40102(a)(2) of such title by substituting ‘‘a
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1 company whose principal place of business is in the

2 United States’’ for ‘‘a citizen of the United States’’.

3 SEC. 427. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT

4 PARTS FOR USE IN RESPONDING TO OIL

5 SPILLS.

6 (a) AUTHORITY.—

7 (1) Notwithstanding section 202 of the Federal

8 Property and Administrative Services Act of 1949 (40

9 U.S.C. 483) and subject to subsections (b) and (c), the

10 Secretary of Defense may, during the period begin11 ning March 1, 1999, and ending on September 30,

12 2002, sell aircraft and aircraft parts referred to in

13 paragraph (2) to a person or entity that contracts to

14 deliver oil dispersants by air in order to disperse oil

15 spills, and that has been approved by the Secretary

16 of the Department in which the Coast Guard is oper17 ating, for the delivery of oil dispersants by air in

18 order to disperse oil spills.

19 (2) The aircraft and aircraft parts that may be

20 sold under paragraph (1) are aircraft and aircraft

21 parts of the Department of Defense that are deter22 mined by the Secretary to be—

23 (A) excess to the needs of the Department;

24 (B) acceptable for commercial sale; and
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1 (C) with respect to aircraft, 10 years old or

2 older.

3 (b) CONDITIONS OF SALE.—Aircraft and aircraft

4 parts sold under subsection (a)—

5 (1) may be used only for oil spill spotting, obser6 vation, and dispersant delivery; and

7 (2) may not be flown outside of or removed from

8 the United States except for the purpose of fulfilling

9 an international agreement to assist in oil spill dis10 persing efforts, or for other purposes that are jointly

11 approved by the Secretary of Defense and the Sec12 retary of Transportation.

13 (c) CERTIFICATION OF PERSONS AND ENTITIES.—The

14 Secretary of Defense may sell aircraft and aircraft parts

15 to a person or entity under subsection (a) only if the Sec16 retary of Transportation certifies to the Secretary of De17 fense, in writing, before the sale, that the person or entity

18 is capable of meeting the terms and conditions of a contract

19 to deliver oil spill dispersants by air.

20 (d) REGULATIONS.—

21 (1) As soon as practicable after the date of enact22 ment of this Act, the Secretary of Defense shall, in

23 consultation with the Secretary of Transportation

24 and the Administrator of General Services, prescribe
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1 regulations relating to the sale of aircraft and air2 craft parts under this section.

3 (2) The regulations shall—

4 (A) ensure that the sale of the aircraft and

5 aircraft parts is made at a fair market value as

6 determined by the Secretary of Defense, and, to

7 the extent practicable, on a competitive basis;

8 (B) require a certification by the purchaser

9 that the aircraft and aircraft parts will be used

10 in subsection (b);

11 (C) establish appropriate means of verifying

12 and enforcing the use of the aircraft and aircraft

13 parts by the purchaser and other end-users in

14 accordance with the conditions set forth in sub15 section (b) or pursuant to sub- section (e); and

16 (D) ensure, to the maximum extent prac17 ticable, that the Secretary of Defense consults

18 with the Administrator of General Services and

19 with the heads of appropriate departments and

20 agencies of the Federal Government regarding al21 ternative requirements for such aircraft and air22 craft parts before the sale of such aircraft and

23 aircraft parts under this section.

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary of Defense may require such other terms and condi-
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1 tions in connection with each sale of aircraft and aircraft

2 parts under this section as the Secretary considers appro3 priate for such sale. Such terms and conditions shall meet

4 the requirements of regulations prescribed under subsection

5 (d).

6 (f) REPORT.—Not later than March 31, 2002, the Sec7 retary of Defense shall submit to the Committee on Armed

8 Services of the Senate and the Committee on National Secu9 rity of the House of Representatives a report on the Sec10 retary’s exercise of authority under this section. The report

11 shall set forth—

12 (1) the number and types of aircraft sold under

13 the authority, and the terms and conditions under

14 which the aircraft were sold;

15 (2) the persons or entities to which the aircraft

16 were sold; and

17 (3) an accounting of the current use of the air18 craft sold.

19 (g) CONSTRUCTION.—Nothing in this section may be

20 construed as affecting the authority of the Administrator

21 of the Federal Aviation Administration under any other

22 provision of law.

23 (h) PROCEEDS FROM SALE.—The net proceeds of any

24 amounts received by the Secretary of Defense from the sale

25 of aircraft and aircraft parts under this section shall be
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1 covered into the general fund of the Treasury as miscellane2 ous receipts.

3 SEC. 428. AIRCRAFT SITUATIONAL DISPLAY DATA.

4 (a) IN GENERAL.—A memorandum of agreement be5 tween the Administrator of the Federal Aviation Adminis6 tration and any person directly that obtains aircraft situa7 tional display data from the Administration shall require

8 that—

9 (1) the person demonstrate to the satisfaction

10 of the Administrator that such person is capable of

11 selectively blocking the display of any aircraft-situa12 tion-display-to-industry derived data related to any

13 identified aircraft registration number; and

14 (2) the person agree to block selectively the air15 craft registration numbers of any aircraft owner or

16 operator upon the Administration’s request.

17 (b) EXISTING MEMORANDA TO BE CONFORMED.—

18 The Administrator shall conform any memoranda of

19 agreement, in effect on the date of enactment of this Act,

20 between the Administration and a person under which that

21 person obtains such data to incorporate the requirements

22 of subsection (a) within 30 days after that date.
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1 SEC. 429. TO EXPRESS THE SENSE OF THE SENATE CON2 CERNING A BILATERAL AGREEMENT BE3 TWEEN THE UNITED STATES AND THE

4 UNITED KINGDOM REGARDING CHARLOTTE5 LONDON ROUTE.

6 (a) DEFINITIONS.—In this section:

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

8 the meaning given that term in section 40102 of

9 title 49, United States Code.

10 (2) BERMUDA II AGREEMENT.—The term ‘‘Ber11 muda II Agreement’’ means the Agreement Between

12 the United States of America and United Kingdom

13 of Great Britain and Northern Ireland Concerning

14 Air Services, signed at Bermuda on July 23, 1977

15 (TIAS 8641).

16 (3) CHARLOTTE-LONDON (GATWICK) ROUTE.—

17 The term ‘‘Charlotte-London (Gatwick) route’’

18 means the route between Charlotte, North Carolina,

19 and the Gatwick Airport in London, England.

20 (4) FOREIGN AIR CARRIER.—The term ‘‘foreign

21 air carrier’’ has the meaning given that term in sec22 tion 40102 of title 49, United States Code.

23 (5) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of Transportation.

25 (b) FINDINGS.—Congress finds that—
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1 (1) under the Bermuda II Agreement, the

2 United States has a right to designate an air carrier

3 of the United States to serve the Charlotte-London

4 (Gatwick) route;

5 (2) the Secretary awarded the Charlotte-Lon6 don (Gatwick) route to US Airways on September

7 12, 1997, and on May 7, 1998, US Airways an8 nounced plans to launch nonstop service in competi9 tion with the monopoly held by British Airways on

10 the route and to provide convenient single-carrier

11 one-stop service to the United Kingdom from dozens

12 of cities in North Carolina and South Carolina and

13 the surrounding region;

14 (3) US Airways was forced to cancel service for

15 the Charlotte-London (Gatwick) route for the sum16 mer of 1998 and the following winter because the

17 Government of the United Kingdom refused to pro18 vide commercially viable access to Gatwick Airport;

19 (4) British Airways continues to operate mo20 nopoly service on the Charlotte-London (Gatwick)

21 route and recently upgraded the aircraft for that

22 route to B–777 aircraft;

23 (5) British Airways had been awarded an addi24 tional monopoly route between London England and

25 Denver, Colorado, resulting in a total of 10 monop-
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1 oly routes operated by British Airways between the

2 United Kingdom and points in the United States;

3 (6) monopoly service results in higher fares to

4 passengers; and

5 (7) US Airways is prepared, and officials of the

6 air carrier are eager, to initiate competitive air serv7 ice on the Charlotte-London (Gatwick) route as soon

8 as the Government of the United Kingdom provides

9 commercially viable access to the Gatwick Airport.

10 (c) SENSE OF THE SENATE.—It is the sense of the

11 Senate that the Secretary should—

12 (1) act vigorously to ensure the enforcement of

13 the rights of the United States under the Bermuda

14 II Agreement;

15 (2) intensify efforts to obtain the necessary as16 surances from the Government of the United King17 dom to allow an air carrier of the United States to

18 operate commercially viable, competitive service for

19 the Charlotte-London (Gatwick) route; and

20 (3) ensure that the rights of the Government of

21 the United States and citizens and air carriers of

22 the United States are enforced under the Bermuda

23 II Agreement before seeking to renegotiate a broad24 er bilateral agreement to establish additional rights
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1 for air carriers of the United States and foreign air

2 carriers of the United Kingdom.

3 SEC. 430. TO EXPRESS THE SENSE OF THE SENATE CON4 CERNING A BILATERAL AGREEMENT BE5 TWEEN THE UNITED STATES AND THE

6 UNITED KINGDOM REGARDING CLEVELAND7 LONDON ROUTE.

8 (a) DEFINITIONS.—In this section:

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

10 the meaning given that term in section 40102 of

11 title 49, United States Code.

12 (2) AIRCRAFT.—The term ‘‘aircraft’’ has the

13 meaning given that term in section 40102 of title

14 49, United States Code.

15 (3) AIR TRANSPORTATION.—The term ‘‘air

16 transportation’’ has the meaning given that term in

17 section 40102 of title 49, United States Code.

18 (4) BERMUDA II AGREEMENT.—The term ‘‘Ber19 muda II Agreement’’ means the Agreement Between

20 the United States of America and United Kingdom

21 of Great Britain and Northern Ireland Concerning

22 Air Services, signed at Bermuda on July 23, 1977

23 (TIAS 8641).

24 (5) CLEVELAND-LONDON (GATWICK) ROUTE.—

25 The term ‘‘Cleveland-London (Gatwick) route’’
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1 means the route between Cleveland, Ohio, and the

2 Gatwick Airport in London, England.

3 (6) FOREIGN AIR CARRIER.—The term ‘‘foreign

4 air carrier’’ has the meaning given that term in sec5 tion 40102 of title 49, United States Code.

6 (7) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Transportation.

8 (8) SLOT.—The term ‘‘slot’’ means a reserva9 tion for an instrument flight rule takeoff or landing

10 by an air carrier of an aircraft in air transportation.

11 (b) FINDINGS.—Congress finds that—

12 (1) under the Bermuda II Agreement, the

13 United States has a right to designate an air carrier

14 of the United States to serve the Cleveland-London

15 (Gatwick) route;

16 (2)(A) on December 3, 1996, the Secretary

17 awarded the Cleveland-London (Gatwick) route to

18 Continental Airlines;

19 (B) on June 15, 1998, Continental Airlines an20 nounced plans to launch nonstop service on that

21 route on February 19, 1999, and to provide single22 carrier one-stop service between London, England

23 (from Gatwick Airport) and dozens of cities in Ohio

24 and the surrounding region; and
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1 (C) on August 4, 1998, the Secretary ten2 tatively renewed the authority of Continental Air3 lines to carry out the nonstop service referred to in

4 subparagraph (B) and selected Cleveland, Ohio, as a

5 new gateway under the Bermuda II Agreement;

6 (3) unless the Government of the United King7 dom provides Continental Airlines commercially via8 ble access to Gatwick Airport, Continental Airlines

9 will not be able to initiate service on the Cleveland10 London (Gatwick) route; and

11 (4) Continental Airlines is prepared to initiate

12 competitive air service on the Cleveland-London

13 (Gatwick) route when the Government of the United

14 Kingdom provides commercially viable access to the

15 Gatwick Airport.

16 (c) SENSE OF THE SENATE.—It is the sense of the

17 Senate that the Secretary should—

18 (1) act vigorously to ensure the enforcement of

19 the rights of the United States under the Bermuda

20 II Agreement;

21 (2) intensify efforts to obtain the necessary as22 surances from the Government of the United King23 dom to allow an air carrier of the United States to

24 operate commercially viable, competitive service for

25 the Cleveland-London (Gatwick) route; and
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1 (3) ensure that the rights of the Government of

2 the United States and citizens and air carriers of

3 the United States are enforced under the Bermuda

4 II Agreement before seeking to renegotiate a broad5 er bilateral agreement to establish additional rights

6 for air carriers of the United States and foreign air

7 carriers of the United Kingdom, including the right

8 to commercially viable competitive slots at Gatwick

9 Airport and Heathrow Airport in London, England,

10 for air carriers of the United States.

11 SEC. 431. ALLOCATION OF TRUST FUND FUNDING.

12 (a) DEFINITIONS.—In this section:

13 (1) AIRPORT AND AIRWAY TRUST FUND.—The

14 term ‘‘Airport and Airway Trust Fund’’ means the

15 trust fund established under section 9502 of the In16 ternal Revenue Code of 1986.

17 (2) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Transportation.

19 (3) STATE.—The term ‘‘State’’ means each of

20 the States, the District of Columbia, and the Com21 monwealth of Puerto Rico.

22 (4) STATE DOLLAR CONTRIBUTION TO THE AIR23 PORT AND AIRWAY TRUST FUND.—The term ‘‘State

24 dollar contribution to the Airport and Airway Trust

25 Fund’’, with respect to a State and fiscal year,
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1 means the amount of funds equal to the amounts

2 transferred to the Airport and Airway Trust Fund

3 under section 9502 of the Internal Revenue Code of

4 1986 that are equivalent to the taxes described in

5 section 9502(b) of the Internal Revenue Code of

6 1986 that are collected in that State.

7 (b) REPORTING.—

8 (1) IN GENERAL.—As soon as practicable after

9 the date of enactment of this Act, and annually

10 thereafter, the Secretary of the Treasury shall report

11 to the Secretary the amount equal to the amount of

12 taxes collected in each State during the preceding

13 fiscal year that were transferred to the Airport and

14 Airway Trust Fund.

15 (2) REPORT BY SECRETARY.—Not later than

16 90 days after the date of enactment of this Act, and

17 annually thereafter, the Secretary shall prepare and

18 submit to Congress a report that provides, for each

19 State, for the preceding fiscal year—

20 (A) the State dollar contribution to the

21 Airport and Airway Trust Fund; and

22 (B) the amount of funds (from funds made

23 available under section 48103 of title 49,

24 United States Code) that were made available

25 to the State (including any political subdivision
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1 thereof) under chapter 471 of title 49, United

2 States Code.

3 SEC. 432. TAOS PUEBLO AND BLUE LAKES WILDERNESS

4 AREA DEMONSTRATION PROJECT.

5 Within 18 months after the date of enactment of this

6 Act, the Administrator of the Federal Aviation Adminis7 tration shall work with the Taos Pueblo to study the fea8 sibility of conducting a demonstration project to require

9 all aircraft that fly over Taos Pueblo and the Blue Lakes

10 Wilderness Area of Taos Pueblo, New Mexico, to maintain

11 a mandatory minimum altitude of at least 5,000 feet above

12 ground level.

13 SEC. 433. AIRLINE MARKETING DISCLOSURE.

14 (a) DEFINITIONS.—In this section:

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

16 the meaning given that term in section 40102 of

17 title 49, United States Code.

18 (2) AIR TRANSPORTATION.—The term ‘‘air

19 transportation’’ has the meaning given that term in

20 section 40102 of title 49, United States Code.

21 (b) FINAL REGULATIONS.—Not later than 90 days

22 after the date of enactment of this Act, the Secretary of

23 Transportation shall promulgate final regulations to pro24 vide for improved oral and written disclosure to each con25 sumer of air transportation concerning the corporate name
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1 of the air carrier that provides the air transportation pur2 chased by that consumer. In issuing the regulations issued

3 under this subsection, the Secretary shall take into ac4 count the proposed regulations issued by the Secretary on

5 January 17, 1995, published at page 3359, volume 60,

6 Federal Register.

7 SEC. 434. CERTAIN AIR TRAFFIC CONTROL TOWERS.

8 Notwithstanding any other provision of law, regula9 tion, intergovernmental circular advisories or other proc10 ess, or any judicial proceeding or ruling to the contrary,

11 the Federal Aviation Administration shall use such funds

12 as necessary to contract for the operation of air traffic

13 control towers, located in Salisbury, Maryland; Bozeman,

14 Montana; and Boca Raton, Florida: Provided, That the

15 Federal Aviation Administration has made a prior deter16 mination of eligibility for such towers to be included in

17 the contract tower program.

18 SEC. 435. COMPENSATION UNDER THE DEATH ON THE

19 HIGH SEAS ACT.

20 (a) IN GENERAL.—Section 2 of the Death on the

21 High Seas Act (46 U.S.C. App. 762) is amended by—

22 (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The

23 recovery’’; and

24 (2) adding at the end thereof the following:

25 ‘‘(b) COMMERCIAL AVIATION.—
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1 ‘‘(1) IN GENERAL.—If the death was caused

2 during commercial aviation, additional compensation

3 for nonpecuniary damages for wrongful death of a

4 decedent is recoverable in a total amount, for all

5 beneficiaries of that decedent, that shall not exceed

6 the greater of the pecuniary loss sustained or a sum

7 total of $750,000 from all defendants for all claims.

8 Punitive damages are not recoverable.

9 ‘‘(2) INFLATION ADJUSTMENT.—The $750,000

10 amount shall be adjusted, beginning in calendar year

11 2000 by the increase, if any, in the Consumer Price

12 Index for all urban consumers for the prior year

13 over the Consumer Price Index for all urban con14 sumers for the calendar year 1998.

15 ‘‘(3) NONPECUNIARY DAMAGES.—For purposes

16 of this subsection, the term ‘nonpecuniary damages’

17 means damages for loss of care, comfort, and com18 panionship.’’.

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

20 subsection (a) applies to any death caused during commer21 cial aviation occurring after July 16, 1996.

22 SEC. 436. FAA STUDY OF BREATHING HOODS.

23 The Administrator shall study whether breathing hoods

24 currently available for use by flight crews when smoke is

25 detected are adequate and report the results of that study
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1 to the Congress within 120 days after the date of enactment

2 of this Act.

3 SEC. 437. FAA STUDY OF ALTERNATIVE POWER SOURCES

4 FOR FLIGHT DATA RECORDERS AND COCKPIT

5 VOICE RECORDERS.

6 The Administrator of the Federal Aviation Adminis7 tration shall study the need for an alternative power source

8 for on-board flight data recorders and cockpit voice record9 ers and shall report the results of that study to the Congress

10 within 120 days after the date of enactment of this Act.

11 If, within that time, the Administrator determines, after

12 consultation with the National Transportation Safety

13 Board that the Board is preparing recommendations with

14 respect to this subject matter and will issue those rec15 ommendations within a reasonable period of time, the Ad16 ministrator shall report to the Congress the Administrator’s

17 comments on the Board’s recommendations rather than con18 ducting a separate study.

19 SEC. 438. PASSENGER FACILITY FEE LETTERS OF INTENT.

20 The Secretary of Transportation may not require an

21 eligible agency (as defined in section 40117(a)(2) of title

22 49, United States Code), to impose a passenger facility fee

23 (as defined in section 40117(a)(4) of that title) in order

24 to obtain a letter of intent under section 47110 of that title.
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1 SEC. 439. ELIMINATION OF HAZMAT ENFORCEMENT BACK2 LOG.

3 (a) FINDINGS.—The Congress makes the following

4 findings:

5 (1) The transportation of hazardous materials

6 continues to present a serious aviation safety problem

7 which poses a potential threat to health and safety,

8 and can result in evacuations, emergency landings,

9 fires, injuries, and deaths.

10 (2) Although the Federal Aviation Administra11 tion budget for hazardous materials inspection in12 creased $10,500,000 in fiscal year 1998, the General

13 Accounting Office has reported that the backlog of

14 hazardous materials enforcement cases has increased

15 from 6 to 18 months.

16 (b) ELIMINATION OF HAZARDOUS MATERIALS EN17 FORCEMENT BACKLOG.—The Administrator of the Federal

18 Aviation Administration shall—

19 (1) make the elimination of the backlog in haz20 ardous materials enforcement cases a priority;

21 (2) seek to eliminate the backlog within 6 months

22 after the date of enactment of this Act; and

23 (3) make every effort to ensure that inspection

24 and enforcement of hazardous materials laws are car25 ried out in a consistent manner among all geographic
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1 regions, and that appropriate fines and penalties are

2 imposed in a timely manner for violations.

3 (c) INFORMATION REGARDING PROGRESS.—The Ad4 ministrator shall provide information to the Committee on

5 Commerce, Science, and Transportation, on a quarterly

6 basis beginning 3 months after the date of enactment of this

7 Act for a year, on plans to eliminate the backlog and en8 forcement activities undertaken to carry out subsection (b).

9 SEC. 440. FAA EVALUATION OF LONG-TERM CAPITAL LEAS10 ING.

11 Nothwithstanding any other provision of law to the

12 contrary, the Administrator of the Federal Aviation Admin13 istration may establish a pilot program for fiscal years

14 2001 through 2004 to test and evaluate the benefits of long15 term capital leasing contracts. The Administrator shall es16 tablish criteria for the program, but may enter into no more

17 than 10 leasing contracts under this section, each of which

18 shall be for a period greater than 5 years, under which the

19 equipment or facility operates. The contracts to be evaluated

20 may include requirements related to oceanic air traffic con21 trol, air-to-ground radio communications, and air traffic

22 control tower construction.
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1 TITLE V—AVIATION

2 COMPETITION PROMOTION

3 SEC. 501. PURPOSE.

4 The purpose of this title is to facilitate, through a

5 4-year pilot program, incentives and projects that will help

6 up to 40 communities or consortia of communities to im7 prove their access to the essential airport facilities of the

8 national air transportation system through public-private

9 partnerships and to identify and establish ways to over10 come the unique policy, economic, geographic, and market11 place factors that may inhibit the availability of quality,

12 affordable air service to small communities.

13 SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIA14 TION DEVELOPMENT PROGRAM.

15 Section 102 is amended by adding at the end thereof

16 the following:

17 ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVELOP18 MENT PROGRAM.—

19 ‘‘(1) ESTABLISHMENT.—The Secretary shall es20 tablish a 4-year pilot aviation development program

21 to be administered by a program director designated

22 by the Secretary.

23 ‘‘(2) FUNCTIONS.—The program director

24 shall—
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1 ‘‘(A) function as a facilitator between

2 small communities and air carriers;

3 ‘‘(B) carry out section 41743 of this title;

4 ‘‘(C) carry out the airline service restora5 tion program under sections 41744, 41745, and

6 41746 of this title;

7 ‘‘(D) ensure that the Bureau of Transpor8 tation Statistics collects data on passenger in9 formation to assess the service needs of small

10 communities;

11 ‘‘(E) work with and coordinate efforts with

12 other Federal, State, and local agencies to in13 crease the viability of service to small commu14 nities and the creation of aviation development

15 zones; and

16 ‘‘(F) provide policy recommendations to

17 the Secretary and the Congress that will ensure

18 that small communities have access to quality,

19 affordable air transportation services.

20 ‘‘(3) REPORTS.—The program director shall

21 provide an annual report to the Secretary and the

22 Congress beginning in 2000 that—

23 ‘‘(A) analyzes the availability of air trans24 portation services in small communities, includ25 ing, but not limited to, an assessment of the air
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1 fares charged for air transportation services in

2 small communities compared to air fares

3 charged for air transportation services in larger

4 metropolitan areas and an assessment of the

5 levels of service, measured by types of aircraft

6 used, the availability of seats, and scheduling

7 of flights, provided to small communities;

8 ‘‘(B) identifies the policy, economic, geo9 graphic and marketplace factors that inhibit the

10 availability of quality, affordable air transpor11 tation services to small communities; and

12 ‘‘(C) provides policy recommendations to

13 address the policy, economic, geographic, and

14 marketplace factors inhibiting the availability of

15 quality, affordable air transportation services to

16 small communities.’’.

17 SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

18 (a) IN GENERAL.—Subchapter II of chapter 417 is

19 amended by adding at the end thereof the following:

20 ‘‘§ 41743. Air service program for small communities

21 ‘‘(a) COMMUNITIES PROGRAM.—Under advisory

22 guidelines prescribed by the Secretary of Transportation,

23 a small community or a consortia of small communities

24 or a State may develop an assessment of its air service

25 requirements, in such form as the program director des-
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1 ignated by the Secretary under section 102(g) may re2 quire, and submit the assessment and service proposal to

3 the program director.

4 ‘‘(b) SELECTION OF PARTICIPANTS.—In selecting

5 community programs for participation in the communities

6 program under subsection (a), the program director shall

7 apply criteria, including geographical diversity and the

8 presentation of unique circumstances, that will dem9 onstrate the feasibility of the program. For purposes of

10 this subsection, the application of geographical diversity

11 criteria means criteria that—

12 ‘‘(1) will promote the development of a national

13 air transportation system; and

14 ‘‘(2) will involve the participation of commu15 nities in all regions of the country.

16 ‘‘(c) CARRIERS PROGRAM.—The program director

17 shall invite part 121 air carriers and regional/commuter

18 carriers (as such terms are defined in section 41715(d)

19 of this title) to offer service proposals in response to, or

20 in conjunction with, community aircraft service assess21 ments submitted to the office under subsection (a). A serv22 ice proposal under this paragraph shall include—

23 ‘‘(1) an assessment of potential daily passenger

24 traffic, revenues, and costs necessary for the carrier

25 to offer the service;
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1 ‘‘(2) a forecast of the minimum percentage of

2 that traffic the carrier would require the community

3 to garner in order for the carrier to start up and

4 maintain the service; and

5 ‘‘(3) the costs and benefits of providing jet serv6 ice by regional or other jet aircraft.

7 ‘‘(d) PROGRAM SUPPORT FUNCTION.—The program

8 director shall work with small communities and air car9 riers, taking into account their proposals and needs, to

10 facilitate the initiation of service. The program director—

11 ‘‘(1) may work with communities to develop in12 novative means and incentives for the initiation of

13 service;

14 ‘‘(2) may obligate funds authorized under sec15 tion 504 of the Air Transportation Improvement Act

16 to carry out this section;

17 ‘‘(3) shall continue to work with both the car18 riers and the communities to develop a combination

19 of community incentives and carrier service levels

20 that—

21 ‘‘(A) are acceptable to communities and

22 carriers; and

23 ‘‘(B) do not conflict with other Federal or

24 State programs to facilitate air transportation

25 to the communities;
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1 ‘‘(4) designate an airport in the program as an

2 Air Service Development Zone and work with the

3 community on means to attract business to the area

4 surrounding the airport, to develop land use options

5 for the area, and provide data, working with the De6 partment of Commerce and other agencies;

7 ‘‘(5) take such other action under this chapter

8 as may be appropriate.

9 ‘‘(e) LIMITATIONS.—

10 ‘‘(1) COMMUNITY SUPPORT.—The program di11 rector may not provide financial assistance under

12 subsection (c)(2) to any community unless the pro13 gram director determines that—

14 ‘‘(A) a public-private partnership exists at

15 the community level to carry out the commu16 nity’s proposal;

17 ‘‘(B) the community will make a substan18 tial financial contribution that is appropriate

19 for that community’s resources, but of not less

20 than 25 percent of the cost of the project in

21 any event;

22 ‘‘(C) the community has established an

23 open process for soliciting air service proposals;

24 and
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1 ‘‘(D) the community will accord similar

2 benefits to air carriers that are similarly situ3 ated.

4 ‘‘(2) AMOUNT.—The program director may not

5 obligate more than $30,000,000 $80,000,000 of the

6 amounts authorized under 504 of the Air Transpor7 tation Improvement Act over the 4 years of the pro8 gram.

9 ‘‘(3) NUMBER OF PARTICIPANTS.—The pro10 gram established under subsection (a) shall not in11 volve more than 40 communities or consortia of

12 communities.

13 ‘‘(f) REPORT.—The program director shall report

14 through the Secretary to the Congress annually on the

15 progress made under this section during the preceding

16 year in expanding commercial aviation service to smaller

17 communities.

18 ‘‘§ 41744. Pilot program project authority

19 ‘‘(a) IN GENERAL.—The program director designated

20 by the Secretary of Transportation under section

21 102(g)(1) shall establish a 4-year pilot program—

22 ‘‘(1) to assist communities and States with in23 adequate access to the national transportation sys24 tem to improve their access to that system; and
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1 ‘‘(2) to facilitate better air service link-ups to

2 support the improved access.

3 ‘‘(b) PROJECT AUTHORITY.—Under the pilot pro4 gram established pursuant to subsection (a), the program

5 director may—

6 ‘‘(1) out of amounts authorized under section

7 504 of the Air Transportation Improvement Act,

8 provide financial assistance by way of grants to

9 small communities or consortia of small communities

10 under section 41743 of up to $500,000 per year;

11 and

12 ‘‘(2) take such other action as may be appro13 priate.

14 ‘‘(c) OTHER ACTION.—Under the pilot program es15 tablished pursuant to subsection (a), the program director

16 may facilitate service by—

17 ‘‘(1) working with airports and air carriers to

18 ensure that appropriate facilities are made available

19 at essential airports;

20 ‘‘(2) collecting data on air carrier service to

21 small communities; and

22 ‘‘(3) providing policy recommendations to the

23 Secretary to stimulate air service and competition to

24 small communities.
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1 ‘‘(d) ADDITIONAL ACTION.—Under the pilot program

2 established pursuant to subsection (a), the Secretary shall

3 work with air carriers providing service to participating

4 communities and major air carriers serving large hub air5 ports (as defined in section 41731(a)(3)) to facilitate joint

6 fare arrangements consistent with normal industry prac7 tice.

8 ‘‘§ 41745. Assistance to communities for service

9 ‘‘(a) IN GENERAL.—Financial assistance provided

10 under section 41743 during any fiscal year as part of the

11 pilot program established under section 41744(a) shall be

12 implemented for not more than—

13 ‘‘(1) 4 communities within any State at any

14 given time; and

15 ‘‘(2) 40 communities in the entire program at

16 any time.

17 For purposes of this subsection, a consortium of commu18 nities shall be treated as a single community.

19 ‘‘(b) ELIGIBILITY.—In order to participate in a pilot

20 project under this subchapter, a State, community, or

21 group of communities shall apply to the Secretary in such

22 form and at such time, and shall supply such information,

23 as the Secretary may require, and shall demonstrate to

24 the satisfaction of the Secretary that—
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1 ‘‘(1) the applicant has an identifiable need for

2 access, or improved access, to the national air trans3 portation system that would benefit the public;

4 ‘‘(2) the pilot project will provide material bene5 fits to a broad section of the travelling public, busi6 nesses, educational institutions, and other enter7 prises whose access to the national air transpor8 tation system is limited;

9 ‘‘(3) the pilot project will not impede competi10 tion; and

11 ‘‘(4) the applicant has established, or will estab12 lish, public-private partnerships in connection with

13 the pilot project to facilitate service to the public.

14 ‘‘(c) COORDINATION WITH OTHER PROVISIONS OF

15 SUBCHAPTER.—The Secretary shall carry out the 4-year

16 pilot program authorized by this subchapter in such a

17 manner as to complement action taken under the other

18 provisions of this subchapter. To the extent the Secretary

19 determines to be appropriate, the Secretary may adopt cri20 teria for implementation of the 4-year pilot program that

21 are the same as, or similar to, the criteria developed under

22 the preceding sections of this subchapter for determining

23 which airports are eligible under those sections. The Sec24 retary shall also, to the extent possible, provide incentives

25 where no direct, viable, and feasible alternative service ex-
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1 ists, taking into account geographical diversity and appro2 priate market definitions.

3 ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The Sec4 retary shall structure the program established pursuant

5 to section 41744(a) in a way designed to—

6 ‘‘(1) permit the participation of the maximum

7 feasible number of communities and States over a 4-

8 year period by limiting the number of years of par9 ticipation or otherwise; and

10 ‘‘(2) obtain the greatest possible leverage from

11 the financial resources available to the Secretary and

12 the applicant by—

13 ‘‘(A) progressively decreasing, on a project14 by-project basis, any Federal financial incen15 tives provided under this chapter over the 4-

16 year period; and

17 ‘‘(B) terminating as early as feasible Fed18 eral financial incentives for any project deter19 mined by the Secretary after its implementation

20 to be—

21 ‘‘(i) viable without further support

22 under this subchapter; or

23 ‘‘(ii) failing to meet the purposes of

24 this chapter or criteria established by the

25 Secretary under the pilot program.
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1 ‘‘(e) SUCCESS BONUS.—If Federal financial incen2 tives to a community are terminated under subsection

3 (d)(2)(B) because of the success of the program in that

4 community, then that community may receive a one-time

5 incentive grant to ensure the continued success of that

6 program.

7 ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.—No new

8 financial assistance may be provided under this sub9 chapter for any fiscal year beginning more than 4 years

10 after the date of enactment of the Air Transportation Im11 provement Act.

12 ‘‘§ 41746. Additional authority

13 ‘‘In carrying out this chapter, the Secretary—

14 ‘‘(1) may provide assistance to States and com15 munities in the design and application phase of any

16 project under this chapter, and oversee the imple17 mentation of any such project;

18 ‘‘(2) may assist States and communities in put19 ting together projects under this chapter to utilize

20 private sector resources, other Federal resources, or

21 a combination of public and private resources;

22 ‘‘(3) may accord priority to service by jet air23 craft;

24 ‘‘(4) take such action as may be necessary to

25 ensure that financial resources, facilities, and admin-
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1 istrative arrangements made under this chapter are

2 used to carry out the purposes of title V of the Air

3 Transportation Improvement Act; and

4 ‘‘(5) shall work with the Federal Aviation Ad5 ministration on airport and air traffic control needs

6 of communities in the program.

7 ‘‘§ 41747. Air traffic control services pilot program

8 ‘‘(a) IN GENERAL.—To further facilitate the use of,

9 and improve the safety at, small airports, the Adminis10 trator of the Federal Aviation Administration shall estab11 lish a pilot program to contract for Level I air traffic con12 trol services at 20 facilities not eligible for participation

13 in the Federal Contract Tower Program.

14 ‘‘(b) PROGRAM COMPONENTS.—In carrying out the

15 pilot program established under subsection (a), the Ad16 ministrator may—

17 ‘‘(1) utilize current, actual, site-specific data,

18 forecast estimates, or airport system plan data pro19 vided by a facility owner or operator;

20 ‘‘(2) take into consideration unique aviation

21 safety, weather, strategic national interest, disaster

22 relief, medical and other emergency management re23 lief services, status of regional airline service, and

24 related factors at the facility;
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1 ‘‘(3) approve for participation any facility will2 ing to fund a pro rata share of the operating costs

3 used by the Federal Aviation Administration to cal4 culate, and, as necessary, a 1:1 benefit-to-cost ratio,

5 as required for eligibility under the Federal Contract

6 Tower Program; and

7 ‘‘(4) approve for participation no more than 3

8 facilities willing to fund a pro rata share of con9 struction costs for an air traffic control tower so as

10 to achieve, at a minimum, a 1:1 benefit-to-cost ratio,

11 as required for eligibility under the Federal Contract

12 Tower Program, and for each of such facilities the

13 Federal share of construction costs does not exceed

14 $1,000,000.

15 ‘‘(c) REPORT.—One year before the pilot program es16 tablished under subsection (a) terminates, the Adminis17 trator shall report to the Congress on the effectiveness of

18 the program, with particular emphasis on the safety and

19 economic benefits provided to program participants and

20 the national air transportation system.’’.

21 (b) CONFORMING AMENDMENT.—The chapter analy22 sis for subchapter II of chapter 417 is amended by insert23 ing after the item relating to section 41742 the following:

‘‘41743. Air service program for small communities.

‘‘41744. Pilot program project authority.

‘‘41745. Assistance to communities for service.

‘‘41746. Additional authority.

‘‘41747. Air traffic control services pilot program.’’.
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1 (c) WAIVER OF LOCAL CONTRIBUTION.—Section

2 41736(b) is amended by inserting after paragraph (4) the

3 following:

4 ‘‘Paragraph (4) does not apply to any community ap5 proved for service under this section during the period be6 ginning October 1, 1991, and ending December 31,

7 1997.’’.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the Secretary of

10 Transportation such sums as may be necessary to carry

11 out section 41747 of title 49, United States Code.

12 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

13 To carry out sections 41743 through 41746 of title

14 49, United States Code, for the 4 fiscal-year period begin15 ning with fiscal year 2000—

16 (1) there are authorized to be appropriated to

17 the Secretary of Transportation not more than

18 $10,000,000; and

19 (2) not more than $20,000,000 shall be made

20 available, if available, to the Secretary for obligation

21 and expenditure out of the account established under

22 section 45303(a) of title 49, United States Code.

23 To the extent that amounts are not available in such ac24 count, there are authorized to be appropriated such sums

25 as may be necessary to provide the amount authorized to
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1 be obligated under paragraph (2) to carry out those sec2 tions for that 4 fiscal-year period.

3 There are authorized to be appropriated to the Sec4 retary of Transportation $80,000,000 to carry out sections

5 41743 through 41746 of title 49, United States Code, for

6 the 4 fiscal-year period beginning with fiscal year 2000.

7 SEC. 505. MARKETING PRACTICES.

8 Section 41712 is amended by—

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

10 ‘‘On’’; and

11 (2) adding at the end thereof the following:

12 ‘‘(b) MARKETING PRACTICES THAT ADVERSELY AF13 FECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—

14 Within 180 days after the date of enactment of the Air

15 Transportation Improvement Act, the Secretary shall re16 view the marketing practices of air carriers that may in17 hibit the availability of quality, affordable air transpor18 tation services to small and medium-sized communities,

19 including—

20 ‘‘(1) marketing arrangements between airlines

21 and travel agents;

22 ‘‘(2) code-sharing partnerships;

23 ‘‘(3) computer reservation system displays;

24 ‘‘(4) gate arrangements at airports;

25 ‘‘(5) exclusive dealing arrangements; and
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1 ‘‘(6) any other marketing practice that may

2 have the same effect.

3 ‘‘(c) REGULATIONS.—If the Secretary finds, after

4 conducting the review required by subsection (b), that

5 marketing practices inhibit the availability of such service

6 to such communities, then, after public notice and an op7 portunity for comment, the Secretary shall may promul8 gate regulations that address the problem.’’. problem, or

9 take other appropriate action. Nothing in this section ex10 pands the authority or juridiction of the Secretary to pro11 mulgate regulations under the Federal Aviation Act or

12 under any other Act.’’.

13 SEC. 506. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET

14 SERVICE.

15 (a) IN GENERAL.—Subchapter I of chapter 417, as

16 amended by section 310, is amended by adding at the end

17 thereof the following:

18 ‘‘§ 41718. Slot exemptions for nonstop regional jet

19 service.

20 ‘‘(a) IN GENERAL.—Within 90 days after receiving

21 an application for an exemption to provide nonstop re22 gional jet air service between—

23 ‘‘(1) an airport with fewer than 2,000,000 an24 nual enplanements; and
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1 ‘‘(2) a high density airport subject to the ex2 emption authority under section 41714(a),

3 the Secretary of Transportation shall grant or deny the

4 exemption in accordance with established principles of

5 safety and the promotion of competition.

6 ‘‘(b) EXISTING SLOTS TAKEN INTO ACCOUNT.—In

7 deciding to grant or deny an exemption under subsection

8 (a), the Secretary may take into consideration the slots

9 and slot exemptions already used by the applicant.

10 ‘‘(c) CONDITIONS.—The Secretary may grant an ex11 emption to an air carrier under subsection (a)—

12 ‘‘(1) for a period of not less than 12 months;

13 ‘‘(2) for a minimum of 2 daily roundtrip flights;

14 and

15 ‘‘(3) for a maximum of 3 daily roundtrip

16 flights.

17 ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR MEDIUM

18 HUB AIRPORT; JET AIRCRAFT.—The Secretary may,

19 upon application made by an air carrier operating under

20 an exemption granted under subsection (a)—

21 ‘‘(1) authorize the air carrier or an affiliated air

22 carrier to upgrade service under the exemption to a

23 larger jet aircraft; or

24 ‘‘(2) authorize an air carrier operating under

25 such an exemption to change the nonhub airport or
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1 small hub airport for which the exemption was

2 granted to provide the same service to a different

3 airport that is smaller than a large hub airport (as

4 defined in section 47134(d)(2)) if—

5 ‘‘(A) the air carrier has been operating

6 under the exemption for a period of not less

7 than 12 months; and

8 ‘‘(B) the air carrier can demonstrate

9 unmitigatable losses.

10 ‘‘(e) FORFEITURE FOR MISUSE.—Any exemption

11 granted under subsection (a) shall be terminated imme12 diately by the Secretary if the air carrier to which it was

13 granted uses the slot for any purpose other than the pur14 pose for which it was granted or in violation of the condi15 tions under which it was granted.

16 ‘‘(f) RESTORATION OF AIR SERVICE.—To the extent

17 that—

18 ‘‘(1) slots were withdrawn from an air carrier

19 under section 41714(b);

20 ‘‘(2) the withdrawal of slots under that section

21 resulted in a net loss of slots; and

22 ‘‘(3) the net loss of slots and slot exemptions

23 resulting from the withdrawal had an adverse effect

24 on service to nonhub airports and in other domestic

25 markets,
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1 the Secretary shall give priority consideration to the re2 quest of any air carrier from which slots were withdrawn

3 under that section for an equivalent number of slots at

4 the airport where the slots were withdrawn. No priority

5 consideration shall be given under this subsection to an

6 air carrier described in paragraph (1) when the net loss

7 of slots and slot exemptions is eliminated.

8 ‘‘(g) (f) PRIORITY TO NEW ENTRANTS AND LIMITED

9 INCUMBENT CARRIERS.—

10 ‘‘(1) IN GENERAL.—In granting slot exemptions

11 under this section the Secretary shall give priority

12 consideration to an application from an air carrier

13 that, as of July 1, 1998, operated or held fewer than

14 20 slots or slot exemptions at the high density air15 port for which it filed an exemption application.

16 ‘‘(2) LIMITATION.—No priority may be given

17 under paragraph (1) to an air carrier that, at the

18 time of application, operates or holds 20 or more

19 slots and slot exemptions at the airport for which

20 the exemption application is filed.

21 ‘‘(3) AFFILIATED CARRIERS.—The Secretary

22 shall treat all commuter air carriers that have coop23 erative agreements, including code-share agreements,

24 with other air carriers equally for determining eligi25 bility for exemptions under this section regardless of
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1 the form of the corporate relationship between the

2 commuter air carrier and the other air carrier.

3 ‘‘(h) (g) STAGE 3 AIRCRAFT REQUIRED.—An exemp4 tion may not be granted under this section with respect

5 to any aircraft that is not a Stage 3 aircraft (as defined

6 by the Secretary).

7 ‘‘(i) (h) REGIONAL JET DEFINED.—In this section,

8 the term ‘regional jet’ means a passenger, turbofan-pow9 ered aircraft carrying not fewer than 30 and not more

10 than 50 passengers.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 40102 is amended by inserting after

13 paragraph (28) the following:

14 ‘‘(28A) LIMITED INCUMBENT AIR CARRIER.—The

15 term ‘limited incumbent air carrier’ has the meaning

16 given that term in subpart S of part 93 of title 14,

17 Code of Federal Regulations, except that ‘20’ shall

18 be substituted for ‘12’ in sections 93.213(a)(5),

19 93.223(c)(3), and 93.225(h) as such sections were in

20 effect on August 1, 1998.’’.

21 (2) The chapter analysis for subchapter I of

22 chapter 417 is amended by adding at the end there23 of the following:

‘‘41718. Slot exemptions for nonstop regional jet service.’’.
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1 SEC. 507. EXEMPTIONS TO PERIMETER RULE AT RONALD

2 REAGAN WASHINGTON NATIONAL AIRPORT.

3 (a) IN GENERAL.—Subchapter I of chapter 417, as

4 amended by section 506, is amended by adding at the end

5 thereof the following:

6 ‘‘§ 41719. Special Rules for Ronald Reagan Washing7 ton National Airport

8 ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Sec9 retary shall by order grant exemptions from the applica10 tion of sections 49104(a)(5), 49109, 49111(e), and 41714

11 of this title to air carriers to operate limited frequencies

12 and aircraft on select routes between Ronald Reagan

13 Washington National Airport and domestic hub airports

14 of such carriers and exemptions from the requirements of

15 subparts K and S of part 93, Code of Federal Regulations,

16 if the Secretary finds that the exemptions will—

17 ‘‘(1) provide air transportation service with do18 mestic network benefits in areas beyond the perim19 eter described in that section;

20 ‘‘(2) increase competition by new entrant air

21 carriers or in multiple markets;

22 ‘‘(3) not reduce travel options for communities

23 served by small hub airports and medium hub air24 ports within the perimeter described in section

25 49109 of title 49, United States Code; and
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1 ‘‘(4) not result in meaningfully increased travel

2 delays.

3 ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The Sec4 retary shall by order grant exemptions from the require5 ments of sections 49104(a)(5), 49111(e), and 41714 of

6 this title and subparts K and S of part 93 of title 14,

7 Code of Federal Regulations, to commuter air carriers for

8 service to airports with fewer than 2,000,000 annual

9 enplanements within the perimeter established for civil air10 craft operations at Ronald Reagan Washington National

11 Airport under section 49109. The Secretary shall develop

12 criteria for distributing slot exemptions for flights within

13 the perimeter to such airports under this paragraph in a

14 manner consistent with the promotion of air transpor15 tation.

16 ‘‘(c) LIMITATIONS.—

17 ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex18 emption may not be granted under this section with

19 respect to any aircraft that is not a Stage 3 aircraft

20 (as defined by the Secretary).

21 ‘‘(2) GENERAL EXEMPTIONS.—The exemptions

22 granted under subsections (a) and (b) may not in23 crease the number of operations at Ronald Reagan

24 Washington National Airport in any 1-hour period
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1 during the hours between 7:00 a.m. and 9:59 p.m.

2 by more than 2 3 operations.’’.

3 ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec4 retary shall grant exemptions under subsections (a)

5 and (b) that—

6 ‘‘(A) will result in 12 24 additional daily

7 air carrier slot exemptions at such airport for

8 long-haul service beyond the perimeter;

9 ‘‘(B) will result in 12 additional daily com10 muter slot exemptions at such airport; and

11 ‘‘(C) will not result in additional daily

12 commuter slot exemptions for service to any

13 within-the-perimeter airport that is not smaller

14 than a large hub airport (as defined in section

15 47134(d)(2)). has 2,000,000 or fewer annual

16 enplanements.

17 ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN18 VIRONMENTAL IMPACTS.—The Secretary shall assess

19 the impact of granting exemptions, including the im20 pacts of the additional slots and flights at Ronald

21 Reagan Washington National Airport provided

22 under subsections (a) and (b) on safety, noise levels

23 and the environment within 90 days of the date of

24 the enactment of this Act. The environmental as25 sessment shall be carried out in accordance with
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1 parts 1500–1508 of title 40, Code of Federal Regu2 lations. Such environmental assessment shall include

3 a public meeting.

4 ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.—

5 Nothing in this section affects Exemption No. 5133,

6 as from time-to-time amended and extended.’’. ex7 tended.

8 ‘‘(d) ADDITIONAL WITHIN-PERIMETER SLOT EXEMP9 TIONS AT RONALD REAGAN WASHINGTON NATIONAL AIR10 PORT.—The Secretary shall by order grant 12 slot exemp11 tions from the requirements of sections 49104(a)(5),

12 49111(e), and 41714 of this title and subparts K and S

13 of part 93 of title 14, Code of Federal Regulations, to air

14 carriers for flights to airports within the perimeter estab15 lished for civil aircraft operations at Ronald Reagan Wash16 ington National Airport under section 49109. The Secretary

17 shall develop criteria for distributing slot exemptions for

18 flights within the perimeter to such airports under this sub19 section in a manner consistent with the promotion of air

20 transportation.’’.

21 (b) OVERRIDE OF MWAA RESTRICTION.—Section

22 49104(a)(5) is amended by adding at the end thereof the

23 following:

24 ‘‘(D) Subparagraph (C) does not apply to any

25 increase in the number of instrument flight rule
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1 takeoffs and landings necessary to implement ex2 emptions granted by the Secretary under section

3 41719.’’.

4 (c) MWAA NOISE-RELATED GRANT ASSURANCES.—

5 (1) IN GENERAL.—In addition to any condition

6 for approval of an airport development project that

7 is the subject of a grant application submitted to the

8 Secretary of Transportation under chapter 471 of

9 title 49, United States Code, by the Metropolitan

10 Washington Airports Authority, the Authority shall

11 be required to submit a written assurance that, for

12 each such grant made to the Authority for fiscal

13 year 2000 or any subsequent fiscal year—

14 (A) the Authority will make available for

15 that fiscal year funds for noise compatibility

16 planning and programs that are eligible to re17 ceive funding under chapter 471 of title 49,

18 United States Code, in an amount not less than

19 10 percent of the aggregate annual amount of

20 financial assistance provided to the Authority

21 by the Secretary as grants under chapter 471

22 of title 49, United States Code; and

23 (B) the Authority will not divert funds

24 from a high priority safety project in order to
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1 make funds available for noise compatibility

2 planning and programs.

3 (2) WAIVER.—The Secretary of Transportation

4 may waive the requirements of paragraph (1) for

5 any fiscal year for which the Secretary determines

6 that the Metropolitan Washington Airports Author7 ity is in full compliance with applicable airport noise

8 compatibility planning and program requirements

9 under part 150 of title 14, Code of Federal Regula10 tions.

11 (3) SUNSET.—This subsection shall cease to be

12 in effect 5 years after the date of enactment of this

13 Act, if on that date the Secretary of Transportation

14 certifies that the Metropolitan Washington Airports

15 Authority has achieved full compliance with applica16 ble noise compatibility planning and program re17 quirements under part 150 of title 14, Code of Fed18 eral Regulations.

19 (d) NOISE COMPATIBILITY PLANNING AND PRO20 GRAMS.—Section 47117(e) is amended by adding at the

21 end the following:

22 ‘‘(3) The Secretary shall give priority in making

23 grants under paragraph (1)(A) to applications for

24 airport noise compatibility planning and programs at

25 and around airports where operations increase under
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1 title V of the Air Transportation Improvement Act

2 and the amendments made by that title.’’.

3 (e) CONFORMING AMENDMENTS.—

4 (1) Section 49111 is amended by striking sub5 section (e).

6 (2) The chapter analysis for subchapter I of

7 chapter 417, as amended by section 506(b) of this

8 Act, is amended by adding at the end thereof the

9 following:

‘‘41719. Special Rules for Ronald Reagan Washington National Airport.’’.

10 (f) REPORT.—Within 1 year after the date of enact11 ment of this Act, and biannually thereafter, the Secretary

12 shall certify to the United States Senate Committee on

13 Commerce, Science, and Transportation, the United

14 States House of Representatives Committee on Transpor15 tation and Infrastructure, the Governments of Maryland,

16 Virginia, and West Virginia and the metropolitan planning

17 organization for Washington, D.C., that noise standards,

18 air traffic congestion, airport-related vehicular congestion,

19 safety standards, and adequate air service to communities

20 served by small hub airports and medium hub airports

21 within the perimeter described in section 49109 of title

22 49, United States Code, have been maintained at appro23 priate levels.
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1 SEC. 508. ADDITIONAL SLOT EXEMPTIONS AT CHICAGO

2 O’HARE INTERNATIONAL AIRPORT.

3 (a) IN GENERAL.—Subchapter I of chapter 417, as

4 amended by section 507, is amended by adding at the end

5 thereof the following:

6 ‘‘§ 41720. Special Rules for Chicago O’Hare Inter7 national Airport

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

9 shall grant 30 slot exemptions over a 3-year period begin10 ning on the date of enactment of the Air Transportation

11 Improvement Act at Chicago O’Hare International Air12 port.

13 ‘‘(b) EQUIPMENT AND SERVICE REQUIREMENTS.—

14 ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex15 emption may not be granted under this section with

16 respect to any aircraft that is not a Stage 3 aircraft

17 (as defined by the Secretary).

18 ‘‘(2) SERVICE PROVIDED.—Of the exemptions

19 granted under subsection (a)—

20 ‘‘(A) 18 shall be used only for service to

21 underserved markets, of which no fewer than 6

22 shall be designated as commuter slot exemp23 tions; and

24 ‘‘(B) 12 shall be air carrier slot exemp25 tions.
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1 ‘‘(c) PROCEDURAL REQUIREMENTS.—Before grant2 ing exemptions under subsection (a), the Secretary shall—

3 ‘‘(1) conduct an environmental review, taking

4 noise into account, and determine that the granting

5 of the exemptions will not cause a significant in6 crease in noise;

7 ‘‘(2) determine whether capacity is available

8 and can be used safely and, if the Secretary so de9 termines then so certify;

10 ‘‘(3) give 30 days notice to the public through

11 publication in the Federal Register of the Sec12 retary’s intent to grant the exemptions; and

13 ‘‘(4) consult with appropriate officers of the

14 State and local government on any related noise and

15 environmental issues.

16 ‘‘(d) UNDERSERVED MARKET DEFINED.—In this

17 section, the term ‘service to underserved markets’ means

18 passenger air transportation service to an airport that is

19 a nonhub airport or a small hub airport (as defined in

20 paragraphs (4) and (5), respectively, of section

21 41731(a)).’’.

22 (b) STUDIES.—

23 (1) 3-YEAR REPORT.—The Secretary shall

24 study and submit a report 3 years after the first ex25 emption granted under section 41720(a) of title 49,
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1 United States Code, is first used on the impact of

2 the additional slots on the safety, environment,

3 noise, access to underserved markets, and competi4 tion at Chicago O’Hare International Airport.

5 (2) DOT STUDY IN 2000.—The Secretary of

6 Transportation shall study community noise levels in

7 the areas surrounding the 4 high-density airports

8 after the 100 percent Stage 3 fleet requirements are

9 in place, and compare those levels with the levels in

10 such areas before 1991.

11 (c) CONFORMING AMENDMENT.—The chapter analy12 sis for subchapter I of chapter 417, as amended by section

13 507(b) of this Act, is amended by adding at the end there14 of the following:

‘‘41720. Special Rules for Chicago O’Hare International Airport.’’.

15 SEC. 509. CONSUMER NOTIFICATION OF E-TICKET EXPIRA16 TION DATES.

17 Section 41712, as amended by section 505 of this

18 Act, is amended by adding at the end thereof the follow19 ing:

20 ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall be an

21 unfair or deceptive practice under subsection (a) for any

22 air carrier utilizing electronically transmitted tickets to

23 fail to notify the purchaser of such a ticket of its expira24 tion date, if any.’’.
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1 SEC. 510. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

2 (a) PURPOSE.—The purpose of this section is to pro3 vide the Congress with an analysis of means to improve

4 service by jet aircraft to underserved markets by authoriz5 ing a review of different programs of Federal financial as6 sistance, including loan guarantees like those that would

7 have been provided for by section 2 of S. 1353, 105th Con8 gress, as introduced, to commuter air carriers that would

9 purchase regional jet aircraft for use in serving those mar10 kets.

11 (b) STUDY.—The Secretary of Transportation shall

12 study the efficacy of a program of Federal loan guarantees

13 for the purchase of regional jets by commuter air carriers.

14 The Secretary shall include in the study a review of op15 tions for funding, including alternatives to Federal fund16 ing. In the study, the Secretary shall analyze—

17 (1) the need for such a program;

18 (2) its potential benefit to small communities;

19 (3) the trade implications of such a program;

20 (4) market implications of such a program for

21 the sale of regional jets;

22 (5) the types of markets that would benefit the

23 most from such a program;

24 (6) the competititve implications of such a pro25 gram; and

26 (7) the cost of such a program.
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1 (c) REPORT.—The Secretary shall submit a report of

2 the results of the study to the Senate Committee on Com3 merce, Science, and Transportation and the House of Rep4 resentatives Committee on Transportation and Infrastruc5 ture not later than 24 months after the date of enactment

6 of this Act.

7 SEC. 511. GAO STUDY OF AIR TRANSPORTATION NEEDS.

8 The General Accounting Office shall conduct a study

9 of the current state of the national airport network and

10 its ability to meet the air transportation needs of the

11 United States over the next 15 years. The study shall in12 clude airports located in remote communities and reliever

13 airports. In assessing the effectiveness of the system the

14 Comptroller General may consider airport runway length

15 of 5,500 feet or the equivalent altitude-adjusted length,

16 air traffic control facilities, and navigational aids.

17 TITLE VI—NATIONAL PARKS

18 OVERFLIGHTS

19 SEC. 601. FINDINGS.

20 The Congress finds that—

21 (1) the Federal Aviation Administration has

22 sole authority to control airspace over the United

23 States;

24 (2) the Federal Aviation Administration has the

25 authority to preserve, protect, and enhance the envi-
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1 ronment by minimizing, mitigating, or preventing

2 the adverse effects of aircraft overflights on the pub3 lic and tribal lands;

4 (3) the National Park Service has the respon5 sibility of conserving the scenery and natural and

6 historic objects and wildlife in national parks and of

7 providing for the enjoyment of the national parks in

8 ways that leave the national parks unimpaired for

9 future generations;

10 (4) the protection of tribal lands from aircraft

11 overflights is consistent with protecting the public

12 health and welfare and is essential to the mainte13 nance of the natural and cultural resources of In14 dian tribes;

15 (5) the National Parks Overflights Working

16 Group, composed of general aviation, air tour, envi17 ronmental, and Native American representatives,

18 recommended that the Congress enact legislation

19 based on its consensus work product; and

20 (6) this title reflects the recommendations made

21 by that Group.
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1 SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

2 PARKS.

3 (a) IN GENERAL.—Chapter 401, as amended by sec4 tion 301 of this Act, is amended by adding at the end

5 the following:

6 ‘‘§ 40126. Overflights of national parks

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

9 air tour operator may not conduct commercial air

10 tour operations over a national park or tribal lands

11 except—

12 ‘‘(A) in accordance with this section;

13 ‘‘(B) in accordance with conditions and

14 limitations prescribed for that operator by the

15 Administrator; and

16 ‘‘(C) in accordance with any effective air

17 tour management plan for that park or those

18 tribal lands.

19 ‘‘(2) APPLICATION FOR OPERATING AUTHOR20 ITY.—

21 ‘‘(A) APPLICATION REQUIRED.—Before

22 commencing commercial air tour operations

23 over a national park or tribal lands, a commer24 cial air tour operator shall apply to the Admin25 istrator for authority to conduct the operations

26 over that park or those tribal lands.
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1 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

2 CAPACITY PARKS.—Whenever a commercial air

3 tour management plan limits the number of

4 commercial air tour flights over a national park

5 area during a specified time frame, the Admin6 istrator, in cooperation with the Director, shall

7 authorize commercial air tour operators to pro8 vide such service. The authorization shall speci9 fy such terms and conditions as the Adminis10 trator and the Director find necessary for man11 agement of commercial air tour operations over

12 the national park. The Administrator, in co13 operation with the Director, shall develop an

14 open competitive process for evaluating propos15 als from persons interested in providing com16 mercial air tour services over the national park.

17 In making a selection from among various pro18 posals submitted, the Administrator, in co19 operation with the Director, shall consider rel20 evant factors, including—

21 ‘‘(i) the safety record of the company

22 or pilots;

23 ‘‘(ii) any quiet aircraft technology pro24 posed for use;
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1 ‘‘(iii) the experience in commercial air

2 tour operations over other national parks

3 or scenic areas;

4 ‘‘(iv) the financial capability of the

5 company;

6 ‘‘(v) any training programs for pilots;

7 and

8 ‘‘(vi) responsiveness to any criteria de9 veloped by the National Park Service or

10 the affected national park.

11 ‘‘(C) NUMBER OF OPERATIONS AUTHOR12 IZED.—In determining the number of author13 izations to issue to provide commercial air tour

14 service over a national park, the Administrator,

15 in cooperation with the Director, shall take into

16 consideration the provisions of the air tour

17 management plan, the number of existing com18 mercial air tour operators and current level of

19 service and equipment provided by any such

20 companies, and the financial viability of each

21 commercial air tour operation.

22 ‘‘(D) COOPERATION WITH NPS.—Before

23 granting an application under this paragraph,

24 the Administrator shall, in cooperation with the

25 Director, develop an air tour management plan
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1 in accordance with subsection (b) and imple2 ment such plan.

3 ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP

4 APPLICATIONS.—The Administrator shall act on

5 any such application and issue a decision on the

6 application not later than 24 months after it is

7 received or amended.

8 ‘‘(3) EXCEPTION.—Notwithstanding paragraph

9 (1), commercial air tour operators may conduct com10 mercial air tour operations over a national park

11 under part 91 of the Federal Aviation Regulations

12 (14 CFR 91.1 et seq.) if—

13 ‘‘(A) such activity is permitted under part

14 119 (14 CFR 119.1(e)(2));

15 ‘‘(B) the operator secures a letter of agree16 ment from the Administrator and the national

17 park superintendent for that national park de18 scribing the conditions under which the flight

19 operations will be conducted; and

20 ‘‘(C) the total number of operations under

21 this exception is limited to not more than 5

22 flights in any 30-day period over a particular

23 park.

24 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE25 MENTS.—Notwithstanding subsection (c), an exist-
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1 ing commercial air tour operator shall, not later

2 than 90 days after the date of enactment of the Air

3 Transportation Improvement Act, apply for operat4 ing authority under part 119, 121, or 135 of the

5 Federal Aviation Regulations (14 CFR Pt. 119, 121,

6 or 135). A new entrant commercial air tour operator

7 shall apply for such authority before conducting

8 commercial air tour operations over a national park

9 or tribal lands.

10 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

11 ‘‘(1) ESTABLISHMENT OF ATMPS.—

12 ‘‘(A) IN GENERAL.—The Administrator

13 shall, in cooperation with the Director, establish

14 an air tour management plan for any national

15 park or tribal land for which such a plan is not

16 already in effect whenever a person applies for

17 authority to operate a commercial air tour over

18 the park. The development of the air tour man19 agement plan is to be a cooperative undertaking

20 between the Federal Aviation Administration

21 and the National Park Service. The air tour

22 management plan shall be developed by means

23 of a public process, and the agencies shall de24 velop information and analysis that explains the

25 conclusions that the agencies make in the appli-
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1 cation of the respective criteria. Such expla2 nations shall be included in the Record of Deci3 sion and may be subject to judicial review.

4 ‘‘(B) OBJECTIVE.—The objective of any

5 air tour management plan shall be to develop

6 acceptable and effective measures to mitigate or

7 prevent the significant adverse impacts, if any,

8 of commercial air tours upon the natural and

9 cultural resources and visitor experiences and

10 tribal lands.

11 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In

12 establishing an air tour management plan under this

13 subsection, the Administrator and the Director shall

14 each sign the environmental decision document re15 quired by section 102 of the National Environmental

16 Policy Act of 1969 (42 U.S.C. 4332) which may in17 clude a finding of no significant impact, an environ18 mental assessment, or an environmental impact

19 statement, and the Record of Decision for the air

20 tour management plan.

21 ‘‘(3) CONTENTS.—An air tour management

22 plan for a national park—

23 ‘‘(A) may prohibit commercial air tour op24 erations in whole or in part;
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1 ‘‘(B) may establish conditions for the con2 duct of commercial air tour operations, includ3 ing commercial air tour routes, maximum or

4 minimum altitudes, time-of-day restrictions, re5 strictions for particular events, maximum num6 ber of flights per unit of time, intrusions on pri7 vacy on tribal lands, and mitigation of noise,

8 visual, or other impacts;

9 ‘‘(C) shall apply to all commercial air tours

within 1 10 ⁄2 mile outside the boundary of a na11 tional park;

12 ‘‘(D) shall include incentives (such as pre13 ferred commercial air tour routes and altitudes,

14 relief from caps and curfews) for the adoption

15 of quiet aircraft technology by commercial air

16 tour operators conducting commercial air tour

17 operations at the park;

18 ‘‘(E) shall provide for the initial allocation

19 of opportunities to conduct commercial air

20 tours if the plan includes a limitation on the

21 number of commercial air tour flights for any

22 time period; and

23 ‘‘(F) shall justify and document the need

24 for measures taken pursuant to subparagraphs

25 (A) through (E).
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1 ‘‘(4) PROCEDURE.—In establishing a commer2 cial air tour management plan for a national park,

3 the Administrator and the Director shall—

4 ‘‘(A) initiate at least one public meeting

5 with interested parties to develop a commercial

6 air tour management plan for the park;

7 ‘‘(B) publish the proposed plan in the Fed8 eral Register for notice and comment and make

9 copies of the proposed plan available to the

10 public;

11 ‘‘(C) comply with the regulations set forth

12 in sections 1501.3 and 1501.5 through 1501.8

13 of title 40, Code of Federal Regulations (for

14 purposes of complying with those regulations,

15 the Federal Aviation Administration is the lead

16 agency and the National Park Service is a co17 operating agency); and

18 ‘‘(D) solicit the participation of any Indian

19 tribe whose tribal lands are, or may be,

20 overflown by aircraft involved in commercial air

21 tour operations over a national park or tribal

22 lands, as a cooperating agency under the regu23 lations referred to in paragraph (4)(C).

24 ‘‘(5) AMENDMENTS.—Any amendment of an air

25 tour management plan shall be published in the
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1 Federal Register for notice and comment. A request

2 for amendment of an air tour management plan

3 shall be made in such form and manner as the Ad4 ministrator may prescribe.

5 ‘‘(c) INTERIM OPERATING AUTHORITY.—

6 ‘‘(1) IN GENERAL.—Upon application for oper7 ating authority, the Administrator shall grant in8 terim operating authority under this paragraph to a

9 commercial air tour operator for a national park or

10 tribal lands for which the operator is an existing

11 commercial air tour operator.

12 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In13 terim operating authority granted under this

14 subsection—

15 ‘‘(A) shall provide annual authorization

16 only for the greater of—

17 ‘‘(i) the number of flights used by the

18 operator to provide such tours within the

19 12-month period prior to the date of enact20 ment of the Air Transportation Improve21 ment Act; or

22 ‘‘(ii) the average number of flights per

23 12-month period used by the operator to

24 provide such tours within the 36-month pe25 riod prior to such date of enactment, and,
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1 for seasonal operations, the number of

2 flights so used during the season or sea3 sons covered by that 12-month period;

4 ‘‘(B) may not provide for an increase in

5 the number of operations conducted during any

6 time period by the commercial air tour operator

7 to which it is granted unless the increase is

8 agreed to by the Administrator and the Direc9 tor;

10 ‘‘(C) shall be published in the Federal Reg11 ister to provide notice and opportunity for com12 ment;

13 ‘‘(D) may be revoked by the Administrator

14 for cause;

15 ‘‘(E) shall terminate 180 days after the

16 date on which an air tour management plan is

17 established for that park or those tribal lands;

18 and

19 ‘‘(F) shall—

20 ‘‘(i) promote protection of national

21 park resources, visitor experiences, and

22 tribal lands;

23 ‘‘(ii) promote safe operations of the

24 commercial air tour;
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1 ‘‘(iii) promote the adoption of quiet

2 technology, as appropriate; and

3 ‘‘(iv) allow for modifications of the op4 eration based on experience if the modi5 fication improves protection of national

6 park resources and values and of tribal

7 lands.

8 ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.—

9 ‘‘(A) IN GENERAL.—The Administrator, in

10 cooperation with the Director, may grant in11 terim operating authority under this paragraph

12 to an air tour operator for a national park for

13 which that operator is a new entrant air tour

14 operator if the Administrator determines the

15 authority is necessary to ensure competition in

16 the provision of commercial air tours over that

17 national park or those tribal lands.

18 ‘‘(B) SAFETY LIMITATION.—The Adminis19 trator may not grant interim operating author20 ity under subparagraph (A) if the Adminis21 trator determines that it would create a safety

22 problem at that park or on tribal lands, or the

23 Director determines that it would create a noise

24 problem at that park or on tribal lands.
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1 ‘‘(C) ATMP LIMITATION.—The Adminis2 trator may grant interim operating authority

3 under subparagraph (A) of this paragraph only

4 if the air tour management plan for the park or

5 tribal lands to which the application relates has

6 not been developed within 24 months after the

7 date of enactment of the Air Transportation

8 Improvement Act.

9 ‘‘(d) DEFINITIONS.—In this section, the following

10 definitions apply:

11 ‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com12 mercial air tour’ means any flight conducted for

13 compensation or hire in a powered aircraft where a

14 purpose of the flight is sightseeing. If the operator

15 of a flight asserts that the flight is not a commercial

16 air tour, factors that can be considered by the Ad17 ministrator in making a determination of whether

18 the flight is a commercial air tour, include, but are

19 not limited to—

20 ‘‘(A) whether there was a holding out to

21 the public of willingness to conduct a sightsee22 ing flight for compensation or hire;

23 ‘‘(B) whether a narrative was provided

24 that referred to areas or points of interest on

25 the surface;
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1 ‘‘(C) the area of operation;

2 ‘‘(D) the frequency of flights;

3 ‘‘(E) the route of flight;

4 ‘‘(F) the inclusion of sightseeing flights as

5 part of any travel arrangement package; or

6 ‘‘(G) whether the flight or flights in ques7 tion would or would not have been canceled

8 based on poor visibility of the surface.

9 ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The

10 term ‘commercial air tour operator’ means any per11 son who conducts a commercial air tour.

12 ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPERA13 TOR.—The term ‘existing commercial air tour opera14 tor’ means a commercial air tour operator that was

15 actively engaged in the business of providing com16 mercial air tours over a national park at any time

17 during the 12-month period ending on the date of

18 enactment of the Air Transportation Improvement

19 Act.

20 ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR

21 OPERATOR.—The term ‘new entrant commercial air

22 tour operator’ means a commercial air tour operator

23 that—
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1 ‘‘(A) applies for operating authority as a

2 commercial air tour operator for a national

3 park; and

4 ‘‘(B) has not engaged in the business of

5 providing commercial air tours over that na6 tional park or those tribal lands in the 12-

7 month period preceding the application.

8 ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—

9 The term ‘commercial air tour operations’ means

10 commercial air tour flight operations conducted—

‘‘(A) over a national park or within 1 11 ⁄2 mile

12 outside the boundary of any national park;

13 ‘‘(B) below a minimum altitude, deter14 mined by the Administrator in cooperation with

15 the Director, above ground level (except solely

16 for purposes of takeoff or landing, or necessary

17 for safe operation of an aircraft as determined

18 under the rules and regulations of the Federal

19 Aviation Administration requiring the pilot-in20 command to take action to ensure the safe op21 eration of the aircraft); and

22 ‘‘(C) less than 1 mile laterally from any

23 geographic feature within the park (unless more

than 1 24 ⁄2 mile outside the boundary).
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1 ‘‘(6) NATIONAL PARK.—The term ‘national

2 park’ means any unit of the National Park System.

3 ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’

4 means ‘Indian country’, as defined by section 1151

5 of title 18, United States Code, that is within or

6 abutting a national park.

7 ‘‘(8) ADMINISTRATOR.—The term ‘Adminis8 trator’ means the Administrator of the Federal Avia9 tion Administration.

10 ‘‘(9) DIRECTOR.—The term ‘Director’ means

11 the Director of the National Park Service.’’.

12 (b) EXEMPTIONS.—

13 (1) GRAND CANYON.—Section 40126 of title

14 49, United States Code, as added by subsection (a),

15 does not apply to—

16 (A) the Grand Canyon National Park; or

17 (B) Indian country within or abutting the

18 Grand Canyon National Park.

19 (2) LAKE MEAD.—A commercial air tour of the

20 Grand Canyon that transits over or near the Lake

21 Mead National Recreation Area en route to, or re22 turning from, the Grand Canyon, without offering a

23 deviation in flight path between its point of origin

24 and the Grand Canyon, shall be considered, for pur-
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1 poses of paragraph (1), to be exclusively a commercial

2 air tour of the Grand Canyon.

3 (2) (3) ALASKA.—The provisions of this title

4 and section 40126 of title 49, United States Code,

5 as added by subsection (a), do not apply to any land

6 or waters located in Alaska.

7 (3) (4) COMPLIANCE WITH OTHER REGULA8 TIONS.—For purposes of section 40126 of title 49,

9 United States Code—

10 (A) regulations issued by the Secretary of

11 Transportation and the Administrator of the

12 Federal Aviation Administration under section

13 3 of Public Law 100–91 (16 U.S.C. 1a–1,

14 note); and

15 (B) commercial air tour operations carried

16 out in compliance with the requirements of

17 those regulations,

18 shall be deemed to meet the requirements of such

19 section 40126.

20 (c) CLERICAL AMENDMENT.—The table of sections

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

22 the following:

‘‘40126. Overflights of national parks.’’.

23 SEC. 603. ADVISORY GROUP.

24 (a) ESTABLISHMENT.—Not later than 1 year after

25 the date of enactment of this Act, the Administrator of
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1 the Federal Aviation Administration and the Director of

2 the National Park Service shall jointly establish an advi3 sory group to provide continuing advice and counsel with

4 respect to the operation of commercial air tours over and

5 near national parks.

6 (b) MEMBERSHIP.—

7 (1) IN GENERAL.—The advisory group shall be

8 composed of—

9 (A) a balanced group of —

10 (i) representatives of general aviation;

11 (ii) representatives of commercial air

12 tour operators;

13 (iii) representatives of environmental

14 concerns; and

15 (iv) representatives of Indian tribes;

16 (B) a representative of the Federal Avia17 tion Administration; and

18 (C) a representative of the National Park

19 Service.

20 (2) EX-OFFICIO MEMBERS.—The Administrator

21 and the Director shall serve as ex-officio members.

22 (3) CHAIRPERSON.—The representative of the

23 Federal Aviation Administration and the representa24 tive of the National Park Service shall serve alter25 nating 1-year terms as chairman of the advisory
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1 group, with the representative of the Federal Avia2 tion Administration serving initially until the end of

3 the calendar year following the year in which the ad4 visory group is first appointed.

5 (c) DUTIES.—The advisory group shall provide ad6 vice, information, and recommendations to the Adminis7 trator and the Director—

8 (1) on the implementation of this title;

9 (2) on the designation of appropriate and fea10 sible quiet aircraft technology standards for quiet

11 aircraft technologies under development for commer12 cial purposes, which will receive preferential treat13 ment in a given air tour 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) on such other national park or tribal lands18 related safety, environmental, and air touring issues

19 as the Administrator and the Director may request.

20 (d) COMPENSATION; SUPPORT; FACA.—

21 (1) COMPENSATION AND TRAVEL.—Members of

22 the advisory group who are not officers or employees

23 of the United States, while attending conferences or

24 meetings of the group or otherwise engaged in its

25 business, or while serving away from their homes or
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1 regular places of business, each member may be al2 lowed travel expenses, including per diem in lieu of

3 subsistence, as authorized by section 5703 of title 5,

4 United States Code, for persons in the Government

5 service employed intermittently.

6 (2) ADMINISTRATIVE SUPPORT.—The Federal

7 Aviation Administration and the National Park

8 Service shall jointly furnish to the advisory group

9 clerical and other assistance.

10 (3) NONAPPLICATION OF FACA.—Section 14 of

11 the Federal Advisory Committee Act (5 U.S.C.

12 App.) does not apply to the advisory group.

13 (e) REPORT.—The Administrator and the Director

14 shall jointly report to the Congress within 24 months after

15 the date of enactment of this Act on the success of this

16 title in providing incentives for quiet aircraft technology.

17 SEC. 604. OVERFLIGHT FEE REPORT.

18 Not later than 180 days after the date of enactment

19 of this Act, the Administrator of the Federal Aviation Ad20 ministration shall transmit to Congress a report on the

21 effects proposed overflight fees are likely to have on the

22 commercial air tour industry. The report shall include, but

23 shall not be limited to—

24 (1) the viability of a tax credit for the commer25 cial air tour operators equal to the amount of the
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1 proposed fee charged by the National Park Service;

2 and

3 (2) the financial effects proposed offsets are

4 likely to have on Federal Aviation Administration

5 budgets and appropriations.

6 SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER

7 THE ROCKY MOUNTAIN NATIONAL PARK.

8 Effective beginning on the date of enactment of this

9 Act, no commercial air tour may be operated in the air10 space over the Rocky Mountain National Park notwith11 standing any other provision of this Act or section 40126

12 of title 49, United States Code, as added by this Act.

13 TITLE VII—TITLE 49 TECHNICAL

14 CORRECTIONS

15 SEC. 701. RESTATEMENT OF 49 U.S.C. 106(g).

16 (a) IN GENERAL.—Section 106(g) is amended by

17 striking ‘‘40113(a), (c), and (d), 40114(a), 40119,

18 44501(a) and (c), 44502(a)(1), (b) and (c), 44504, 44505,

19 44507, 44508, 44511–44513, 44701–44716, 44718(c),

20 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906,

21 44912, 44935–44937, and 44938(a) and (b), chapter 451,

22 sections 45302–45304,’’ and inserting ‘‘40113(a), (c)–(e),

23 40114(a), and 40119, and chapter 445 (except sections

24 44501(b), 44502(a)(2)–(4), 44503, 44506, 44509, 44510,

25 44514, and 44515), chapter 447 (except sections 44717,
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1 44718(a) and (b), 44719, 44720, 44721(b), 44722, and

2 44723), chapter 449 (except sections 44903(d), 44904,

3 44905, 44907–44911, 44913, 44915, and 44931–44934),

4 chapter 451, chapter 453, sections’’.

5 (b) TECHNICAL CORRECTION.—The amendment

6 made by this section may not be construed as making a

7 substantive change in the language replaced.

8 SEC. 702. RESTATEMENT OF 49 U.S.C. 44909.

9 Section 44909(a)(2) is amended by striking ‘‘shall’’

10 and inserting ‘‘should’’.