106TH CONGRESS

1ST SESSION S. 1467

AMENDMENTS
In the House of Representatives, U. S.,

August 5, 1999.

Resolved, That the bill from the Senate (S. 1467) entitled ‘‘An Act to extend the funding levels for aviation programs for 60 days’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Aviation Investment and Reform Act for the 21st Cen4 tury’’.

5 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

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

Sec. 3. Applicability.

Sec. 4. Administrator defined.

TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS

Subtitle A—Funding

Sec. 101. Airport improvement program.

Sec. 102. Airway facilities improvement program.

Sec. 103. FAA operations.

Sec. 104. AIP formula changes.

Sec. 105. Passenger facility fees.

Sec. 106. Budget submission.

Subtitle B—Airport Development

Sec. 121. Runway incursion prevention devices; emergency call boxes.

Sec. 122. Windshear detection equipment.

Sec. 123. Enhanced vision technologies.

Sec. 124. Pavement maintenance.

Sec. 125. Competition plans.
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Sec. 126. Matching share.

Sec. 127. Letters of intent.

Sec. 128. Grants from small airport fund.

Sec. 129. Discretionary use of unused apportionments.

Sec. 130. Designating current and former military airports.

Sec. 131. Contract tower cost-sharing.

Sec. 132. Innovative use of airport grant funds.

Sec. 133. Aviation security program.

Sec. 134. Inherently low-emission airport vehicle pilot program.

Sec. 135. Technical amendments.

Sec. 136. Conveyances of airport property for public airports.

Sec. 137. Intermodal connections.

Sec. 138. State block grant program.

Sec. 139. Engineered materials arresting systems.

Subtitle C—Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.

Sec. 152. Terminal development costs.

Sec. 153. General facilities authority.

Sec. 154. Denial of airport access to certain air carriers.

Sec. 155. Construction of runways.

Sec. 156. Use of recycled materials.

Sec. 157. Aircraft noise primarily caused by military aircraft.

Sec. 158. Timely announcement of grants.

TITLE II—AIRLINE SERVICE IMPROVEMENTS

Subtitle A—Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.

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

Sec. 203. Waiver of local contribution.

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

Sec. 205. Determination of distance from hub airport.

Subtitle B—Regional Air Service Incentive Program

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

TITLE III—FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.

Sec. 302. Air Traffic Control Oversight Board.

Sec. 303. Chief Operating Officer.

Sec. 304. Federal Aviation Management Advisory Council.

Sec. 305. Environmental streamlining.

Sec. 306. Clarification of regulatory approval process.

Sec. 307. Independent study of FAA costs and allocations.

Sec. 308. Failure to meet rulemaking deadline.

Sec. 309. Federal Procurement Integrity Act.

TITLE IV—FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.

Sec. 402. Air carrier plans.

Sec. 403. Foreign air carrier plans.
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Sec. 404. Applicability of Death on the High Seas Act.

TITLE V—SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.

Sec. 502. Records of employment of pilot applicants.

Sec. 503. Whistleblower protection for FAA employees.

Sec. 504. Safety risk mitigation programs.

Sec. 505. Flight operations quality assurance rules.

Sec. 506. Small airport certification.

Sec. 507. Life-limited aircraft parts.

Sec. 508. FAA may fine unruly passengers.

Sec. 509. Report on air transportation oversight system.

Sec. 510. Airplane emergency locators.

Sec. 511. Landfills interfering with air commerce.

Sec. 512. Amendment of statute prohibiting the bringing of hazardous substances

aboard an aircraft.

Sec. 513. Airport safety needs.

Sec. 514. Limitation on entry into maintenance implementation procedures.

Sec. 515. Occupational injuries of airport workers.

Sec. 516. Airport dispatchers.

Sec. 517. Improved training for airframe and powerplant mechanics.

TITLE VI—WHISTLEBLOWER PROTECTION

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

Sec. 602. Civil penalty.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.

Sec. 702. Public aircraft.

Sec. 703. Prohibition on release of offeror proposals.

Sec. 704. Multiyear procurement contracts.

Sec. 705. Federal Aviation Administration personnel management system.

Sec. 706. Nondiscrimination in airline travel.

Sec. 707. Joint venture agreement.

Sec. 708. Extension of war risk insurance program.

Sec. 709. General facilities and personnel authority.

Sec. 710. Implementation of article 83 bis of the Chicago Convention.

Sec. 711. Public availability of airmen records.

Sec. 712. Appeals of emergency revocations of certificates.

Sec. 713. Government and industry consortia.

Sec. 714. Passenger manifest.

Sec. 715. Cost recovery for foreign aviation services.

Sec. 716. Technical corrections to civil penalty provisions.

Sec. 717. Waiver under Airport Noise and Capacity Act.

Sec. 718. Metropolitan Washington Airport Authority.

Sec. 719. Acquisition management system.

Sec. 720. Centennial of Flight Commission.

Sec. 721. Aircraft situational display data.

Sec. 722. Elimination of backlog of equal employment opportunity complaints.

Sec. 723. Newport News, Virginia.

Sec. 724. Grant of easement, Los Angeles, California.

Sec. 725. Regulation of Alaska guide pilots.

Sec. 726. Aircraft repair and maintenance advisory panel.
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Sec. 727. Operations of air taxi industry.

Sec. 728. Sense of the Congress concerning completion of comprehensive national

airspace redesign.

Sec. 729. Compliance with requirements.

Sec. 730. Aircraft noise levels at airports.

Sec. 731. FAA consideration of certain State proposals.

Sec. 732. Cincinnati-Municipal Blue Ash Airport.

Sec. 733. Aircraft and aircraft parts for use in responding to oil spills.

Sec. 734. Discriminatory practices by computer reservations systems outside the

United States.

Sec. 735. Alkali silica reactivity distress.

Sec. 736. Procurement of private enterprise mapping, charting, and geographic

information systems.

Sec. 737. Land use compliance report.

Sec. 738. National transportation data center of excellence.

Sec. 739. Monroe Regional Airport land conveyance.

Sec. 740. Automated weather forecasting systems.

Sec. 741. Noise study of Sky Harbor Airport, Phoenix, Arizona.

Sec. 742. Nonmilitary helicopter noise.

TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.

Sec. 802. Findings.

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

Sec. 804. Advisory group.

Sec. 805. Reports.

Sec. 806. Methodologies used to assess air tour noise.

Sec. 807. Exemptions.

Sec. 808. Definitions.

TITLE IX—TRUTH IN BUDGETING

Sec. 901. Short title.

Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.

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

Fund.

Sec. 904. Adjustments to discretionary spending limits.

Sec. 905. Applicability.

TITLE X—ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

Sec. 1001. Adjustment of trust fund authorizations.

Sec. 1002. Budget estimates.

Sec. 1003. Sense of the Congress on fully offsetting increased aviation spending.

TITLE XI—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND

EXPENDITURE AUTHORITY

Sec. 1101. Extension of expenditure authority.

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

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms of
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1 an amendment to, or repeal of, a section or other provision

2 of law, the reference shall be considered to be made to a

3 section or other provision of title 49, United States Code.

4 SEC. 3. APPLICABILITY.

5 Except as otherwise specifically provided, this Act and

6 the amendments made by this Act shall apply only to fiscal

7 years beginning after September 30, 1999.

8 SEC. 4. ADMINISTRATOR DEFINED.

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

11 TITLE I—AIRPORT AND AIRWAY

12 IMPROVEMENTS

13 Subtitle A—Funding

14 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

16 48103 is amended by striking ‘‘shall be’’ the last place it

17 appears and all that follows through the period at the end

18 and inserting the following: ‘‘shall be—

19 ‘‘(1) $2,410,000,000 for fiscal year 1999;

20 ‘‘(2) $2,475,000,000 for fiscal year 2000;

21 ‘‘(3) $4,000,000,000 for fiscal year 2001;

22 ‘‘(4) $4,100,000,000 for fiscal year 2002;

23 ‘‘(5) $4,250,000,000 for fiscal year 2003; and

24 ‘‘(6) $4,350,000,000 for fiscal year 2004.’’.
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1 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is

2 amended by striking ‘‘After’’ and all that follows through

3 ‘‘1999,’’ and inserting ‘‘After September 30, 2004,’’.

4 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

5 (a) GENERAL AUTHORIZATION AND APPROPRIA6 TIONS.—Effective September 30, 1999, section 48101(a) is

7 amended by striking paragraphs (1), (2), and (3) and in8 serting the following:

9 ‘‘(1) Such sums as may be necessary for fiscal

10 year 2000.

11 ‘‘(2) $2,500,000,000 for fiscal year 2001.

12 ‘‘(3) $3,000,000,000 for each of fiscal years 2002

13 through 2004.’’.

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

15 amended by adding at the end the following:

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

17 appropriated under subsection (a) for fiscal year 2001,

18 $8,000,000 may be used for the voluntary purchase and in19 stallation of universal access systems.’’.

20 (c) ALASKA NATIONAL AIR SPACE COMMUNICATIONS

21 SYSTEM.—Section 48101 is further amended by adding at

22 the end the following:

23 ‘‘(e) ALASKA NATIONAL AIR SPACE COMMUNICATIONS

24 SYSTEM.—Of the amounts appropriated under subsection

25 (a) for fiscal year 2001, $7,200,000 may be used by the Ad-
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1 ministrator for the Alaska National Air Space Interfacility

2 Communications System if the Administrator issues a re3 port supporting the use of such funds for the System.’’.

4 (d) AUTOMATED SURFACE OBSERVATION SYSTEM/

5 AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE.—

6 Section 48101 is further amended by adding at the end the

7 following:

8 ‘‘(f) AUTOMATED SURFACE OBSERVATION SYSTEM/

9 AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE.—

10 Of the amounts appropriated under subsection (a) for fiscal

11 years beginning after September 30, 2000, such sums as

12 may be necessary for the implementation and use of up13 grades to the current automated surface observation system/

14 automated weather observing system, if the upgrade is suc15 cessfully demonstrated.’’.

16 SEC. 103. FAA OPERATIONS.

17 (a) AUTHORIZATION OF APPROPRIATIONS FROM GEN18 ERAL FUND.—Effective September 30, 1999, section 106(k)

19 is amended—

20 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

21 ‘‘There’’;

22 (2) in paragraph (1) (as designated by para23 graph (1) of this subsection) by striking ‘‘the Admin24 istration’’ and all that follows through the period at
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1 the end and inserting the following: ‘‘the

2 Administration—

3 ‘‘(A) such sums as may be necessary for fis4 cal year 2000;

5 ‘‘(B) $6,450,000,000 for fiscal year 2001;

6 ‘‘(C) $6,886,000,000 for fiscal year 2002;

7 ‘‘(D) $7,357,000,000 for fiscal year 2003;

8 and

9 ‘‘(E) $7,860,000,000 for fiscal year 2004.’’;

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

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

12 amounts appropriated under paragraph (1) for fiscal

13 years 2001 through 2004—

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

15 for wildlife hazard mitigation measures and

16 management of the wildlife strike database of the

17 Federal Aviation Administration;

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

19 used to fund an office within the Federal Avia20 tion Administration dedicated to supporting in21 frastructure systems development for both general

22 aviation and the vertical flight industry;

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

24 used to revise existing terminal and en route

25 procedures and instrument flight rules to facili-
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1 tate the takeoff, flight, and landing of tiltrotor

2 aircraft and to improve the national airspace

3 system by separating such aircraft from con4 gested flight paths of fixed-wing aircraft;

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

6 used to establish helicopter approach procedures

7 using current technologies (such as the Global

8 Positioning System) to support all-weather,

9 emergency medical service for trauma patients;

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

11 to implement the 1998 airport surface operations

12 safety action plan of the Federal Aviation Ad13 ministration;

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

15 to support a university consortium established to

16 provide an air safety and security management

17 certificate program, working cooperatively with

18 United States air carriers; except that funds

19 under this subparagraph—

20 ‘‘(i) may not be used for the construc21 tion of a building or other facility; and

22 ‘‘(ii) may only be awarded on the basis

23 of open competition;

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

25 used to develop or improve training programs
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1 (including model training programs and cur2 riculum) for security screeners at airports; and

3 ‘‘(H) such sums as may be necessary for the

4 Secretary to hire additional inspectors in order

5 to enhance air cargo security programs.’’; and

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

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

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

9 paragraph (2) of this subsection).

10 (b) AUTHORIZATION OF APPROPRIATIONS FROM

11 TRUST FUND.—Section 48104 is amended—

12 (1) by striking subsection (b) and redesignating

13 subsection (c) as subsection (b);

14 (2) in subsection (b) (as so redesignated)—

15 (A) by striking the subsection heading and

16 inserting ‘‘GENERAL RULE: LIMITATION ON

17 TRUST FUND AMOUNTS.—’’; and

18 (B) in the matter preceding paragraph

19 (1)—

20 (i) by striking ‘‘The amount’’ and in21 serting ‘‘Except as provided in subsection

22 (c), the amount’’; and

23 (ii) by striking ‘‘for each of fiscal years

24 1994 through 1998’’ and inserting ‘‘for fis-
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1 cal year 2000 and each fiscal year there2 after’’; and

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

4 ‘‘(c) SPECIAL RULE FOR FISCAL YEARS 2000–2004.—

5 ‘‘(1) IN GENERAL.—If the amount appropriated

6 under section 106(k) for any of fiscal years 2000

7 through 2004 less the amount that would be appro8 priated, but for this subsection, from the Trust Fund

9 for the purposes of paragraphs (1) and (2) of sub10 section (a) for such fiscal year is greater than the gen11 eral fund cap, the amount appropriated from the

12 Trust Fund for the purposes of paragraphs (1) and

13 (2) of subsection (a) for such fiscal year shall equal

14 the amount appropriated under section 106(k) for

15 such fiscal year less the general fund cap.

16 ‘‘(2) GENERAL FUND CAP DEFINED.—In this sub17 section, the term ‘general fund cap’ means that por18 tion of the amounts appropriated for programs of the

19 Federal Aviation Administration for fiscal year 1998

20 that was derived from the general fund of the Treas21 ury.

22 (c) LIMITATION ON OBLIGATING OR EXPENDING

23 AMOUNTS.—Section 48108 is amended by striking sub24 section (c).
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1 (d) OFFICE OF AIRLINE INFORMATION.—There is au2 thorized to be appropriated from the Airport and Airway

3 Trust Fund to the Secretary $4,000,000 for fiscal years be4 ginning after September 30, 2000, to fund the activities of

5 the Office of Airline Information in the Bureau of Trans6 portation Statistics of the Department of Transportation.

7 SEC. 104. AIP FORMULA CHANGES.

8 (a) DISCRETIONARY FUND.—Section 47115 is amend9 ed by striking subsections (g) and (h) and inserting the fol10 lowing:

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

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

13 Secretary shall fulfill intentions to obligate under sec14 tion 47110(e) with amounts available in the fund es15 tablished by subsection (a) and, if such amounts are

16 not sufficient for a fiscal year, with amounts made

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

18 47114(c)(2), 47114(d), and 47117(e) on a pro rata

19 basis.

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

21 under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),

22 and 47117(e) of each fiscal year, the Secretary shall

23 determine the amount of funds that will be necessary

24 to fulfill intentions to obligate under section 47110(e)

25 in such fiscal year. If such amount is greater than the
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1 amount of funds that will be available in the fund es2 tablished by subsection (a) for such fiscal year, the

3 Secretary shall reduce the amount to be apportioned

4 under such sections for such fiscal year on a pro rata

5 basis by an amount equal to the difference.’’.

6 (b) AMOUNTS APPORTIONED TO SPONSORS.—

7 (1) AMOUNTS TO BE APPORTIONED.—Effective

8 October 1, 2000, section 47114(c)(1) is amended—

9 (A) in subparagraph (A) by striking clauses

10 (i) through (v) and inserting the following:

11 ‘‘(i) $23.40 for each of the first 50,000 passenger

12 boardings at the airport during the prior calendar

13 year;

14 ‘‘(ii) $15.60 for each of the next 50,000 passenger

15 boardings at the airport during the prior calendar

16 year;

17 ‘‘(iii) $7.80 for each of the next 400,000 pas18 senger boardings at the airport during the prior cal19 endar year;

20 ‘‘(iv) $1.95 for each of the next 500,000 pas21 senger boardings at the airport during the prior cal22 endar year; and

23 ‘‘(v) $1.50 for each additional passenger board24 ing at the airport during the prior calendar year.’’;

25 and
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1 (B) in subparagraph (B) by striking

2 ‘‘$500,000 nor more than $22,000,000’’ and in3 serting ‘‘$1,500,000’’.

4 (2) SPECIAL RULES.—Section 47114(c)(1) is

5 amended by adding at the end the following:

6 ‘‘(C) Notwithstanding subparagraph (A), the Secretary

7 shall apportion to an airport sponsor in a fiscal year an

8 amount equal to the amount apportioned to that sponsor

9 in the previous fiscal year if the Secretary finds that—

10 ‘‘(i) passenger boardings at the airport were less

11 than 10,000 in the calendar year used to calculate the

12 apportionment;

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

14 boardings in the calendar year prior to the calendar

15 year used to calculate the apportionment; and

16 ‘‘(iii) the cause of the decrease in passenger

17 boardings was a temporary but significant interrup18 tion in service by an air carrier to that airport due

19 to an employment action, natural disaster, or other

20 event unrelated to the demand for air transportation

21 at the airport.

22 ‘‘(D) Notwithstanding subparagraph (A), the Sec23 retary shall apportion on the first day of the first fiscal

24 year following the official opening of a new airport with

25 scheduled passenger air transportation an amount equal to
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1 the minimum amount set forth in subparagraph (B) to the

2 sponsor of such airport.’’.

3 (c) CARGO ONLY AIRPORTS.—Section 47114(c)(2)(A)

4 is amended by striking ‘‘2.5 percent’’ and inserting ‘‘3 per5 cent’’.

6 (d) ENTITLEMENT FOR GENERAL AVIATION AIR7 PORTS.—Effective October 1, 2000, section 47114(d) is

8 amended—

9 (1) in the subsection heading by striking ‘‘TO

10 STATES’’ and inserting ‘‘FOR GENERAL AVIATION

11 AIRPORTS’’;

12 (2) in paragraph (1) by striking ‘‘(1) In this’’

13 and inserting ‘‘(1) DEFINITIONS.—In this’’;

14 (3) by indenting paragraph (1) and aligning

15 paragraph (1) (and its subparagraphs) with para16 graph (2) (as amended by paragraph (2) of this sub17 section); and

18 (4) by striking paragraph (2) and inserting the

19 following:

20 ‘‘(2) APPORTIONMENTS.—The Secretary shall ap21 portion 20 percent of the amount subject to appor22 tionment for each fiscal year as follows:

23 ‘‘(A) To each airport, excluding primary

24 airports but including reliever and nonprimary
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1 commercial service airports, in States the lesser

2 of—

3 ‘‘(i) $200,000; or

4 ‘‘(ii) one-fifth of the most recently pub5 lished estimate of the 5-year costs for air6 port improvement for the airport, as listed

7 in the national plan of integrated airport

8 systems developed by the Federal Aviation

9 Administration under section 47103.

10 ‘‘(B) Any remaining amount to States as

11 follows:

12 ‘‘(i) 0.62 percent of the remaining

13 amount to Guam, American Samoa, the

14 Commonwealth of the Northern Mariana Is15 lands, and the Virgin Islands.

16 ‘‘(ii) Except as provided in paragraph

17 (3), 49.69 percent of the remaining amount

18 for airports, excluding primary airports but

19 including reliever and nonprimary commer20 cial service airports, in States not named in

21 clause (i) in the proportion that the popu22 lation of each of those States bears to the

23 total population of all of those States.

24 ‘‘(iii) Except as provided in paragraph

25 (3), 49.69 percent of the remaining amount
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1 for airports, excluding primary airports but

2 including reliever and nonprimary commer3 cial service airports, in States not named in

4 clause (i) in the proportion that the area of

5 each of those States bears to the total area

6 of all of those States.’’.

7 (e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO

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

9 read as follows:

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

11 under paragraph (2) to Alaska, Puerto Rico, or Ha12 waii for airports in such State may be made avail13 able by the Secretary for any public airport in those

14 respective jurisdictions.’’.

15 (f) USE OF STATE-APPORTIONED FUNDS FOR SYSTEM

16 PLANNING.—Section 47114(d) is amended by adding at the

17 end the following:

18 ‘‘(4) INTEGRATED AIRPORT SYSTEM PLANNING.—

19 Notwithstanding paragraph (2), funds made available

20 under this subsection may be used for integrated air21 port system planning that encompasses one or more

22 primary airports.’’.

23 (g) FLEXIBILITY IN PAVEMENT CONSTRUCTION STAND24 ARDS.—
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1 Section 47114(d) is further amended by adding at the

2 end the following:

3 ‘‘(5) FLEXIBILITY IN PAVEMENT CONSTRUCTION

4 STANDARDS.—The Secretary may permit the use of

5 State highway specifications for airfield pavement

6 construction using funds made available under this

7 subsection at nonprimary airports serving aircraft

8 that do not exceed 60,000 pounds gross weight if the

9 Secretary determines that—

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

11 and

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

13 shorter than it would be if constructed using

14 Federal Aviation Administration standards.’’.

15 (h) GRANTS FOR AIRPORT NOISE COMPATIBILITY

16 PLANNING.—Section 47117(e)(1) is amended—

17 (1) in subparagraph (A)—

18 (A) by striking ‘‘31 percent’’ each place it

19 appears and inserting ‘‘34 percent’’;

20 (B) in the first sentence by striking ‘‘and

21 for carrying out’’ and inserting ‘‘, for carrying

22 out’’; and

23 (C) by striking the period at the end of the

24 first sentence and inserting the following: ‘‘, and

25 for noise mitigation projects approved in the en-
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1 vironmental record of decision for an airport de2 velopment project under this chapter.’’; and

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

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

5 and inserting ‘‘At least 4 percent to sponsors of cur6 rent’’.

7 (i) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—

8 Effective October 1, 2000, section 47114(e) is amended—

9 (1) in the subsection heading by striking ‘‘AL10 TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;

11 (2) in paragraph (1)—

12 (A) by striking ‘‘Instead of apportioning

13 amounts for airports in Alaska under’’ and in14 serting ‘‘IN GENERAL.—Notwithstanding’’;

15 (B) by striking ‘‘those airports’’ and insert16 ing ‘‘airports in Alaska’’; and

17 (C) by inserting before the period at the end

18 of the first sentence ‘‘and by increasing the

19 amount so determined for each of those airports

20 by three times’’;

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

22 FOR DISCRETIONARY GRANTS.—’’ before ‘‘This sub23 section’’;

24 (4) by striking paragraph (3) and inserting the

25 following:
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1 ‘‘(3) AIRPORTS ELIGIBLE FOR FUNDS.—An

2 amount apportioned under this subsection may be

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

4 (5) by indenting paragraph (1) and aligning

5 paragraph (1) (and its subparagraphs) and para6 graph (2) with paragraph (3) (as amended by para7 graph (4) of this subsection).

8 (j) REPEAL OF APPORTIONMENT LIMITATION ON COM9 MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117

10 is amended by striking subsection (f) and by redesignating

11 subsections (g) and (h) as subsections (f) and (g), respec12 tively.

13 SEC. 105. PASSENGER FACILITY FEES.

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

15 40117(b) is amended by adding at the end the following:

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

17 may authorize under this section an eligible agency to im18 pose a passenger facility fee in whole dollar amounts of

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

20 or foreign air carrier boarding an aircraft at an airport

21 the agency controls to finance an eligible airport-related

22 project, including making payments for debt service on in23 debtedness incurred to carry out the project, if the Secretary

24 finds—
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1 ‘‘(A) that the project will make a significant con2 tribution to improving air safety and security, in3 creasing competition among air carriers, reducing

4 current or anticipated congestion, or reducing the im5 pact of aviation noise on people living near the air6 port;

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

8 funds reasonably expected to be available for the pro9 grams referred to in section 48103; and

10 ‘‘(C) that the amount to be imposed is not more

11 than twice that which may be imposed under para12 graph (1).’’.

13 (b) LIMITATION ON APPROVAL OF CERTAIN APPLICA14 TIONS.—Section 40117(d) is amended—

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

16 (2);

17 (2) by striking the period at the end of para18 graph (3) and inserting ‘‘; and’’; and

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

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

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

22 terminal project, the agency has made adequate provi23 sion for financing the airside needs of the airport, in24 cluding runways, taxiways, aprons, and aircraft

25 gates.’’.
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1 (c) REDUCING APPORTIONMENTS.—Section 47114(f) is

2 amended—

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

4 following:

5 ‘‘(1) IN GENERAL.—An amount’’;

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

7 that follows through the period at the end and insert8 ing the following: ‘‘an amount equal to—

9 ‘‘(A) in the case of a fee of $3 or less, 50

10 percent of the projected revenues from the fee in

11 the fiscal year but not by more than 50 percent

12 of the amount that otherwise would be appor13 tioned under this section; and

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

15 75 percent of the projected revenues from the fee

16 in the fiscal year but not by more than 75 per17 cent of the amount that otherwise would be ap18 portioned under this section.’’; and

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

20 ‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduc21 tion in an apportionment required by paragraph (1)

22 shall not take effect until the first fiscal year fol23 lowing the year in which the collection of the fee im24 posed under section 40117 is begun.’’.
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1 SEC. 106. BUDGET SUBMISSION.

2 The Administrator shall transmit to the Committee on

3 Commerce, Science, and Transportation of the Senate and

4 the Committee on Transportation and Infrastructure of the

5 House of Representatives a copy of the annual budget esti6 mates of the Federal Aviation Administration, including

7 line item justifications, at the same time the annual budget

8 estimates are submitted to the Committees on Appropria9 tions of the Senate and the House of Representatives.

10 Subtitle B—Airport Development

11 SEC. 121. RUNWAY INCURSION PREVENTION DEVICES;

12 EMERGENCY CALL BOXES.

13 (a) POLICY.—Section 47101(a)(11) is amended by in14 serting ‘‘(including integrated in-pavement lighting systems

15 for runways and taxiways and other runway and taxiway

16 incursion prevention devices)’’ after ‘‘technology’’.

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

18 47101(f) is amended—

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

20 (9); and

21 (2) by striking the period at the end of para22 graph (10) and inserting ‘‘; and’’; and

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

24 ‘‘(11) runway and taxiway incursion prevention

25 devices, including integrated in-pavement lighting

26 systems for runways and taxiways.’’.
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1 (c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND

2 EMERGENCY CALL BOXES AS AIRPORT DEVELOPMENT.—

3 Section 47102(3)(B) is amended—

4 (1) in clause (ii)—

5 (A) by striking ‘‘and universal access sys6 tems,’’ and inserting ‘‘, universal access systems,

7 and emergency call boxes,’’; and

8 (B) by inserting ‘‘and integrated in-pave9 ment lighting systems for runways and taxiways

10 and other runway and taxiway incursion pre11 vention devices’’ before the semicolon at the end;

12 and

13 (2) by inserting before the semicolon at the end

14 of clause (iii) the following: ‘‘, including closed circuit

15 weather surveillance equipment’’.

16 SEC. 122. WINDSHEAR DETECTION EQUIPMENT.

17 Section 47102(3)(B) is further amended—

18 (1) by striking ‘‘and’’ at the end of clause (v);

19 (2) by striking the period at the end of clause

20 (vi) and inserting a semicolon; and

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

22 ‘‘(vii) windshear detection equip23 ment;’’.
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1 SEC. 123. ENHANCED VISION TECHNOLOGIES.

2 (a) STUDY.—The Administrator shall conduct a study

3 of the feasibility of requiring United States airports to in4 stall enhanced vision technologies to replace or enhance con5 ventional landing light systems over the 10-year period fol6 lowing the date of completion of such study.

7 (b) REPORT.—Not later than 180 days after the date

8 of the enactment of this Act, the Administrator shall trans9 mit to Congress a report on the results of the study con10 ducted under subsection (a), together with such rec11 ommendations as the Administrator considers appropriate.

12 (c) INCLUSION OF INSTALLATION AS AIRPORT DEVEL13 OPMENT.—Section 47102 is amended—

14 (1) in paragraph (3)(B) (as amended by this

15 Act) by adding at the end the following:

16 ‘‘(viii) enhanced vision technologies

17 that are certified by the Administrator of

18 the Federal Aviation Administration and

19 that are intended to replace or enhance con20 ventional landing light systems; and’’; and

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

22 ‘‘(21) ENHANCED VISION TECHNOLOGIES.—The

23 term ‘enhanced vision technologies’ means laser guid24 ance, ultraviolet guidance, infrared, and cold cathode

25 technologies.’’.
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1 (d) CERTIFICATION.—Not later than 180 days after the

2 date of the enactment of this Act, the Administrator shall

3 transmit to Congress a schedule for deciding whether or not

4 to certify laser guidance equipment for use as approach

5 lighting at United States airports and of cold cathode light6 ing equipment for use as runway and taxiway lighting at

7 United States airports and as lighting at United States hel8 iports.

9 SEC. 124. PAVEMENT MAINTENANCE.

10 (a) REPEAL OF PILOT PROGRAM.—

11 (1) IN GENERAL.—Section 47132 is repealed.

12 (2) CONFORMING AMENDMENT.—The analysis for

13 chapter 471 is amended by striking the item relating

14 to section 47132.

15 (b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section

16 47102(3) is amended by adding at the end the following:

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

18 the useful life of runways, taxiways, and aprons

19 at airports that are not primary airports, under

20 guidelines issued by the Administrator.’’.

21 SEC. 125. COMPETITION PLANS.

22 (a) IN GENERAL.—Section 47106 is amended by add23 ing at the end the following:

24 ‘‘(f) COMPETITION PLANS.—
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1 ‘‘(1) PROHIBITION.—Beginning in fiscal year

2 2001, no passenger facility fee may be approved for

3 a covered airport under section 40117 and no grant

4 may be made under this subchapter for a covered air5 port unless the airport has submitted to the Secretary

6 a written competition plan in accordance with this

7 subsection.

8 ‘‘(2) CONTENTS.—A competition plan under this

9 subsection shall include information on the avail10 ability of airport gates and related facilities, leasing

11 and sub-leasing arrangements, gate-use requirements,

12 patterns of air service, gate-assignment policy, finan13 cial constraints, airport controls over air- and

14 ground-side capacity, whether the airport intends to

15 build or acquire gates that would be used as common

16 facilities, and airfare levels (as compiled by the De17 partment of Transportation) compared to other large

18 airports.

19 ‘‘(3) COVERED AIRPORT DEFINED.—In this sub20 section, the term ‘covered airport’ means a commer21 cial service airport—

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

23 total number of passenger boardings each year at

24 all such airports; and
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1 ‘‘(B) at which one or two air carriers con2 trol more than 50 percent of the passenger

3 boardings.’’.

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

5 by adding at the end the following:

6 ‘‘(j) COMPETITION PLANS.—Beginning in fiscal year

7 2001, no eligible agency may impose a passenger facility

8 fee under this section with respect to a covered airport (as

9 such term is defined in section 47106(f)) unless the agency

10 has submitted to the Secretary a written competition plan

11 in accordance with such section. This subsection does not

12 apply to passenger facility fees in effect before the date of

13 the enactment of this subsection.’’.

14 SEC. 126. MATCHING SHARE.

15 Section 47109(a) is amended—

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

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

18 (2) by inserting after paragraph (1) the fol19 lowing:

20 ‘‘(2) not more than 90 percent for a project fund21 ed by a grant issued to and administered by a State

22 under section 47128, relating to the State block grant

23 program;’’;

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

25 (3) (as so redesignated);
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1 (4) by striking the period at the end of para2 graph (4) (as so redesignated) and inserting ‘‘; and’’;

3 and

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

5 ‘‘(5) 100 percent in fiscal year 2001 for any

6 project—

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

8 airport; or

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

10 .05 percent of the total number of passenger

11 boardings each year at all commercial service

12 airports.’’.

13 SEC. 127. LETTERS OF INTENT.

14 Section 47110(e) is amended—

15 (1) by striking paragraph (2)(C) and inserting

16 the following:

17 ‘‘(C) that meets the criteria of section 47115(d)

18 and, if for a project at a commercial service airport

19 having at least 0.25 percent of the boardings each

20 year at all such airports, the Secretary decides will

21 enhance system-wide airport capacity significantly.’’;

22 and

23 (2) by striking paragraph (5) and inserting the

24 following:
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1 ‘‘(5) LETTERS OF INTENT.—The Secretary may not re2 quire an eligible agency to impose a passenger facility fee

3 under section 40117 in order to obtain a letter of intent

4 under this section.’’.

5 SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

6 (a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR7 PORT OPERATING CERTIFICATES.—Section 47116 is

8 amended by adding at the end the following:

9 ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR10 PORT OPERATING CERTIFICATES.—In the first fiscal year

11 beginning after the effective date of regulations issued to

12 carry out section 44706(b) with respect to airports described

13 in section 44706(a)(2), and in each of the next 4 fiscal

14 years, the lesser of $15,000,000 or 20 percent of the amounts

15 that would otherwise be distributed to sponsors of airports

16 under subsection (b)(2) shall be used to assist the airports

17 in meeting the terms established by the regulations. If the

18 Secretary publishes in the Federal Register a finding that

19 all the terms established by the regulations have been met,

20 this subsection shall cease to be effective as of the date of

21 such publication.’’.

22 (b) NOTIFICATION OF SOURCE OF GRANT.—Section

23 47116 is further amended by adding at the end the fol24 lowing:
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1 ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever

2 the Secretary makes a grant under this section, the Sec3 retary shall notify the recipient of the grant, in writing,

4 that the source of the grant is from the small airport fund.’’.

5 (c) TECHNICAL AMENDMENTS.—Section 47116(d) is

6 amended—

7 (1) by striking ‘‘In making’’ and inserting the

8 following:

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

10 making’’;

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

12 ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POW13 ERED AIRCRAFT.—In making grants to sponsors de14 scribed in subsection (b)(1), the Secretary shall give

15 priority consideration to airport development projects

16 to support operations by turbine powered aircraft, if

17 the non-Federal share of the project is at least 40 per18 cent.’’; and

19 (3) by aligning the remainder of paragraph (1)

20 (as designated by paragraph (1) of this subsection)

21 with paragraph (2) (as added by paragraph (2) of

22 this subsection).
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1 SEC. 129. DISCRETIONARY USE OF UNUSED APPORTION2 MENTS.

3 Section 47117(f) (as redesignated by section 104(j) of

4 this Act) is amended to read as follows:

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

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

7 the Secretary finds that all or part of an amount of

8 an apportionment under section 47114 is not re9 quired during a fiscal year to fund a grant for which

10 the apportionment may be used, the Secretary may

11 use during such fiscal year the amount not so re12 quired to make grants for any purpose for which

13 grants may be made under section 48103. The finding

14 may be based on the notifications that the Secretary

15 receives under section 47105(f) or on other informa16 tion received from airport sponsors.

17 ‘‘(2) RESTORATION OF APPORTIONMENTS.—

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

19 which a finding is made under paragraph (1)

20 with respect to an apportionment is not the last

21 fiscal year of availability of the apportionment

22 under subsection (b), the Secretary shall restore

23 to the apportionment an amount equal to the

24 amount of the apportionment used under para25 graph (1) for a discretionary grant whenever a
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1 sufficient amount is made available under sec2 tion 48103.

3 ‘‘(B) PERIOD OF AVAILABILITY.—If restora4 tion under this paragraph is made in the fiscal

5 year for which the finding is made or the suc6 ceeding fiscal year, the amount restored shall be

7 subject to the original period of availability of

8 the apportionment under subsection (b). If the

9 restoration is made thereafter, the amount re10 stored shall remain available in accordance with

11 subsection (b) for the original period of avail12 ability of the apportionment, plus the number of

13 fiscal years during which a sufficient amount

14 was not available for the restoration.

15 ‘‘(3) NEWLY AVAILABLE AMOUNTS.—

16 ‘‘(A) RESTORED AMOUNTS TO BE UNAVAIL17 ABLE FOR DISCRETIONARY GRANTS.—Of an

18 amount newly available under section 48103 of

19 this title, an amount equal to the amounts re20 stored under paragraph (2) shall not be available

21 for discretionary grant obligations under section

22 47115.

23 ‘‘(B) USE OF REMAINING AMOUNTS.—Sub24 paragraph (A) does not impair the Secretary’s

25 authority under paragraph (1), after a restora-
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1 tion under paragraph (2), to apply all or part

2 of a restored amount that is not required to fund

3 a grant under an apportionment to fund discre4 tionary grants.

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

6 Nothing in this subsection shall be construed to au7 thorize the Secretary to incur grant obligations under

8 section 47104 for a fiscal year in an amount greater

9 than the amount made available under section 48103

10 for such obligations for such fiscal year.’’.

11 SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY

12 AIRPORTS.

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

14 (1) in subsection (a) by striking ‘‘12’’ and in15 serting ‘‘15 for fiscal year 2000 and 20 for each fiscal

16 year thereafter’’;

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

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

19 (e), respectively;

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

21 (A) by striking ‘‘47117(e)(1)(E)’’ and in22 serting ‘‘47117(e)(1)(B)’’;

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

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

25 years,’’; and
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1 (C) by striking ‘‘each such subsequent 5-fis2 cal-year period’’ and inserting ‘‘each such subse3 quent period’’; and

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

5 ‘‘(f) DESIGNATION OF GENERAL AVIATION AIRPORT.—

6 Notwithstanding any other provision of this section, one

7 airport of the airports designated under subsection (a) for

8 fiscal year 2000 and three airports for each fiscal year

9 thereafter shall be general aviation airports that were

10 former military installations closed or realigned under a

11 section referred to in subsection (a)(1).’’.

12 (b) TERMINAL BUILDING FACILITIES.—Section

13 47118(d) (as redesignated by subsection (a)(2) of this sec14 tion) is amended by striking ‘‘$5,000,000’’ and inserting

15 ‘‘$7,000,000’’.

16 (c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section

17 47118(e) (as redesignated by subsection (a)(2) of this sec18 tion) is amended—

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

20 HANGARS’’ and inserting ‘‘HANGARS, AND AIR CARGO

21 TERMINALS’’;

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

23 ‘‘$7,000,000’’; and
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1 (3) by inserting after ‘‘hangars’’ the following:

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

3 square feet or less’’.

4 SEC. 131. CONTRACT TOWER COST-SHARING.

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

6 following:

7 ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER

8 PILOT PROGRAM.—

9 ‘‘(A) IN GENERAL.—The Secretary shall es10 tablish a pilot program to contract for air traffic

11 control services at Level I air traffic control tow12 ers, as defined by the Administrator of the Fed13 eral Aviation Administration, that do not qual14 ify for the Contract Tower program established

15 under subsection (a) and continued under para16 graph (1) (hereafter in this paragraph referred

17 to as the ‘Contract Tower Program’).

18 ‘‘(B) PROGRAM COMPONENTS.—In carrying

19 out the pilot program established under subpara20 graph (A), the Administrator shall—

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

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

23 forecast estimates, or airport master plan

24 data provided by a facility owner or oper25 ator and verified by the Administrator;
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1 ‘‘(ii) approve for participation only fa2 cilities willing to fund a pro rata share of

3 the operating costs of the air traffic control

4 tower to achieve a one-to-one benefit-to-cost

5 ratio, as required for eligibility under the

6 Contract Tower Program; and

7 ‘‘(iii) approve for participation no

8 more than two facilities willing to fund up

9 to 50 percent, but not less than 25 percent,

10 of construction costs for an air traffic con11 trol tower built by the airport operator and

12 for each of such facilities the Federal share

13 of construction cost does not exceed

14 $1,100,000.

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

16 participate in the program under this para17 graph, the Administrator shall give priority to

18 the following:

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

20 participating in the Contract Tower Pro21 gram but have been notified that they will

22 be terminated from such program because

23 the Administration has determined that the

24 benefit-to-cost ratio for their continuation

25 in such program is less than 1.0.
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1 ‘‘(ii) Air traffic control towers that the

2 Administrator determines have a benefit-to3 cost ratio of at least .85.

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

5 Federal Aviation Administration that are

6 closed as a result of the air traffic control7 lers strike in 1981.

8 ‘‘(iv) Air traffic control towers that are

9 located at airports or points at which an

10 air carrier is receiving compensation under

11 the essential air service program under this

12 chapter.

13 ‘‘(v) Air traffic control towers located

14 at airports that are prepared to assume

15 partial responsibility for maintenance costs.

16 ‘‘(vi) Air traffic control towers that are

17 located at airports with safety or oper18 ational problems related to topography,

19 weather, runway configuration, or mix of

20 aircraft.

21 ‘‘(D) COSTS EXCEEDING BENEFITS.—If the

22 costs of operating an air traffic tower under the

23 pilot program established under this paragraph

24 exceed the benefits, the airport sponsor or State

25 or local government having jurisdiction over the
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1 airport shall pay the portion of the costs that ex2 ceed such benefit.

3 ‘‘(E) FUNDING.—Of the amounts appro4 priated pursuant to section 106(k), not to exceed

5 $6,000,000 per fiscal year may be used to carry

6 out this paragraph.’’.

7 SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

9 amended by adding at the end the following:

10 ‘‘§ 47135. Innovative financing techniques

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

12 may approve applications for not more than 25 airport de13 velopment projects for which grants received under this sub14 chapter may be used for innovative financing techniques.

15 Such projects shall be located at airports that each year

16 have less than .25 percent of the total number of passenger

17 boardings each year at all commercial service airports.

18 ‘‘(b) PURPOSE.—The purpose of grants made under

19 this section shall be to provide information on the benefits

20 and difficulties of using innovative financing techniques for

21 airport development projects.

22 ‘‘(c) LIMITATIONS.—

23 ‘‘(1) NO GUARANTEES.—In no case shall the im24 plementation of an innovative financing technique

25 under this section be used in a manner giving rise to
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1 a direct or indirect guarantee of any airport debt in2 strument by the United States Government.

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

4 innovative financing techniques are limited to—

5 ‘‘(A) payment of interest;

6 ‘‘(B) commercial bond insurance and other

7 credit enhancement associated with airport

8 bonds for eligible airport development; and

9 ‘‘(C) flexible non-Federal matching require10 ments.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for sub12 chapter I of chapter 471 is amended by adding at the end

13 the following:

‘‘47135. Innovative financing techniques.’’.

14 SEC. 133. AVIATION SECURITY PROGRAM.

15 (a) IN GENERAL.—Subchapter I of chapter 471 is fur16 ther amended by adding the following new section:

17 ‘‘§ 47136. Aviation security program

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

19 public airports in the United States, the Secretary of

20 Transportation shall carry out not less than one project to

21 test and evaluate innovative aviation security systems and

22 related technology.

23 ‘‘(b) PRIORITY.—In carrying out this section, the Sec24 retary shall give the highest priority to a request from an

25 eligible sponsor for a grant to undertake a project that—
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1 ‘‘(1) evaluates and tests the benefits of innovative

2 aviation security systems or related technology, in3 cluding explosives detection systems, for the purpose

4 of improving aviation security, including aircraft

5 physical security, access control, and passenger and

6 baggage screening; and

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

8 security systems and technology in an operational,

9 test bed environment.

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

11 47109, the United States Government’s share of allowable

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

13 percent.

14 ‘‘(d) TERMS AND CONDITIONS.—The Secretary may es15 tablish such terms and conditions as the Secretary deter16 mines appropriate for carrying out a project under this sec17 tion, including terms and conditions relating to the form

18 and content of a proposal for a project, project assurances,

19 and schedule of payments.

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

21 the term ‘eligible sponsor’ means a nonprofit corporation

22 composed of a consortium of public and private persons,

23 including a sponsor of a primary airport, with the nec24 essary engineering and technical expertise to successfully
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1 conduct the testing and evaluation of airport and aircraft

2 related security systems.

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

4 amounts made available to the Secretary under section

5 47115 in a fiscal year, the Secretary shall make available

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

7 this section.’’.

8 (b) CONFORMING AMENDMENT.—The analysis for sub9 chapter I of chapter 471 is further amended by adding at

10 the end the following:

‘‘47136. Aviation security program.’’.

11 SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE

12 PILOT PROGRAM.

13 (a) IN GENERAL.—Subchapter I of chapter 471 is fur14 ther amended by adding at the end the following:

15 ‘‘§ 47137. Inherently low-emission airport vehicle pilot

16 program

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

18 shall carry out a pilot program at not more than 10 public19 use airports under which the sponsors of such airports may

20 use funds made available under section 48103 for use at

21 such airports to carry out inherently low-emission vehicle

22 activities. Notwithstanding any other provision of this sub23 chapter, inherently low-emission vehicle activities shall for

24 purposes of the pilot program be treated as eligible for as25 sistance under this subchapter.
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1 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

2 AREAS.—A public-use airport shall be eligible for partici3 pation in the pilot program only if the airport is located

4 in an air quality nonattainment area (as defined in section

5 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).

6 ‘‘(c) SELECTION CRITERIA.—In selecting from among

7 applicants for participation in the pilot program, the Sec8 retary shall give priority consideration to applicants that

9 will achieve the greatest air quality benefits measured by

10 the amount of emissions reduced per dollar of funds ex11 pended under the pilot program.

12 ‘‘(d) TECHNICAL ASSISTANCE.—

13 ‘‘(1) IN GENERAL.—The sponsor of a public-use

14 airport carrying out inherently low-emission vehicle

15 activities under the pilot program may use not to ex16 ceed 10 percent of the amounts made available for ex17 penditure at the airport in a fiscal year under the

18 pilot program to receive technical assistance in car19 rying out such activities.

20 ‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum

21 extent practicable, a sponsor shall use an eligible con22 sortium (as defined in section 5506 of this title) in

23 the region of the airport to receive technical assistance

24 described in paragraph (1).
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1 ‘‘(e) UNITED STATES GOVERNMENT’S SHARE.—Not2 withstanding any other provision of this subchapter, the

3 United States Government’s share of the costs of a project

4 carried out under the pilot program shall be 50 percent.

5 ‘‘(f) MAXIMUM AMOUNT.—Not more than $2,000,000

6 may be expended under the pilot program at any single

7 public-use airport.

8 ‘‘(g) REPORT TO CONGRESS.—Not later than 18

9 months after the date of the enactment of this section, the

10 Secretary shall transmit to the Committee on Transpor11 tation and Infrastructure of the House of Representatives

12 and the Committee on Commerce, Science, and Transpor13 tation of the Senate a report containing an evaluation of

14 the effectiveness of the pilot program.

15 ‘‘(h) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY

16 DEFINED.—In this section, the term ‘inherently low-emis17 sion vehicle activity’ means—

18 ‘‘(1) the construction of infrastructure facilities

19 necessary for the use of vehicles that are certified as

20 inherently low-emission vehicles under title 40 of the

21 Code of Federal Regulations, that are labeled in ac22 cordance with section 88.312–93(c) of such title, and

23 that are located or primarily used at public-use air24 ports;
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1 ‘‘(2) the payment of that portion of the cost of

2 acquiring such vehicles that exceeds the cost of acquir3 ing other vehicles that would be used for the same

4 purpose; or

5 ‘‘(3) the acquisition of technological equipment

6 necessary for the use of vehicles described in para7 graph (1).’’.

8 (b) CONFORMING AMENDMENT.—The analysis for sub9 chapter I of chapter 471 is further amended by adding at

10 the end the following:

‘‘47137. Inherently low-emission airport vehicle pilot program.’’.

11 SEC. 135. TECHNICAL AMENDMENTS.

12 (a) CONTINUATION OF PROJECT FUNDING.—Section

13 47108 is amended by adding at the end the following:

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

15 the status of a primary airport changes to a nonprimary

16 airport at a time when a terminal development project

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

18 yet completed, the project shall remain eligible for funding

19 from discretionary funds under section 47115 at the fund20 ing level and under the terms provided by the agreement,

21 subject to the availability of funds.’’.

22 (b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN

23 CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN ISO24 LATED COMMUNITIES.—Section 40117(i) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (1);

3 (2) by striking the period at the end of para4 graph (2) and inserting ‘‘; and’’; and

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

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

7 collection of a passenger facility fee be waived for—

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

9 air carrier or foreign air carrier if the number

10 of passengers enplaned by the carrier in the class

11 constitutes not more than 1 percent of the total

12 number of passengers enplaned annually at the

13 airport at which the fee is imposed; or

14 ‘‘(B) passengers traveling to an airport—

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

17 scheduled passenger service; and

18 ‘‘(ii) in a community which has a pop19 ulation of less than 10,000 and is not con20 nected by a land highway to the land-con21 nected National Highway System within a

22 State.’’.
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1 SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUB2 LIC AIRPORTS.

3 (a) PROJECT GRANT ASSURANCES.—Section 47107(h)

4 is amended by inserting ‘‘(including an assurance with re5 spect to disposal of land by an airport owner or operator

6 under subsection (c)(2)(B) without regard to whether or not

7 the assurance or grant was made before December 29,

8 1987)’’ after ‘‘1987’’.

9 (b) CONVEYANCES OF UNITED STATES GOVERNMENT

10 LAND.—Section 47125(a) is amended by adding at the end

11 the following: ‘‘The Secretary may only release an option

12 of the United States for a reversionary interest under this

13 subsection after providing notice and an opportunity for

14 public comment. The Secretary shall publish in the Federal

15 Register any decision of the Secretary to release a rever16 sionary interest and the reasons for the decision.’’.

17 (c) REQUESTS BY PUBLIC AGENCIES.—Section 47151

18 is amended by adding at the end the following:

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

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

21 or instrumentality of the executive branch of the United

22 States Government, such a department, agency, or instru23 mentality shall give priority consideration to a request

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

25 surplus property described in subsection (a) for use at a

26 public airport.’’.
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1 (d) NOTICE AND PUBLIC COMMENT; PUBLICATION OF

2 DECISIONS.—Section 47153(a) is amended—

3 (1) in paragraph (1) by inserting ‘‘, after pro4 viding notice and an opportunity for public com5 ment,’’ after ‘‘if the Secretary decides’’; and

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

7 ‘‘(3) PUBLICATION OF DECISIONS.—The Sec8 retary shall publish in the Federal Register any deci9 sion to waive a term under paragraph (1) and the

10 reasons for the decision.’’.

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

12 adding at the end the following:

13 ‘‘(c) CONSIDERATIONS.—In deciding whether to waive

14 a term required by section 47152 or add another term, the

15 Secretary shall consider the current and future needs of the

16 users of the airport.’’.

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

18 amended—

19 (1) in section 47151—

20 (A) in subsection (a)—

21 (i) in the matter preceding paragraph

22 (1) by striking ‘‘give’’ and inserting ‘‘con23 vey to’’; and

24 (ii) in paragraph (2) by striking ‘‘gift’’

25 and inserting ‘‘conveyance’’;
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1 (B) in subsection (b)—

2 (i) by striking ‘‘giving’’ and inserting

3 ‘‘conveying’’; and

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

5 ‘‘conveyance’’; and

6 (C) in subsection (c)—

7 (i) in the subsection heading by strik8 ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;

9 and

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

11 ‘‘conveyed’’;

12 (2) in section 47152—

13 (A) in the section heading by striking

14 ‘‘gifts’’ and inserting ‘‘conveyances’’; and

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

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

17 (3) in section 47153(a)(1)—

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

19 and inserting ‘‘conveyance’’; and

20 (B) by striking ‘‘given’’ and inserting ‘‘con21 veyed’’; and

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

23 the item relating to section 47152 and inserting the

24 following:

‘‘47152. Terms of conveyances.’’.
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1 SEC. 137. INTERMODAL CONNECTIONS.

2 (a) AIRPORT IMPROVEMENT POLICY.—Section

3 47101(a)(5) is amended to read as follows:

4 ‘‘(5) to encourage the development of intermodal

5 connections between airports and other transportation

6 modes and systems to promote economic development

7 in a way that will serve States and local communities

8 efficiently and effectively;’’.

9 (b) AIRPORT DEVELOPMENT DEFINED.—Section

10 47102(3) is further amended by adding at the end the fol11 lowing:

12 ‘‘(I) constructing, reconstructing, or im13 proving an airport, or purchasing capital equip14 ment for an airport, for the purpose of transfer15 ring passengers, cargo, or baggage between the

16 airport and ground transportation modes.’’.

17 SEC. 138. STATE BLOCK GRANT PROGRAM.

18 Section 47128(a) is amended by striking ‘‘9 qualified’’

19 and inserting ‘‘10 qualified’’.

20 SEC. 139. ENGINEERED MATERIALS ARRESTING SYSTEMS.

21 (a) ELIGIBILITY.—Section 47102(3)(B) (as amended

22 by this Act) is amended by adding at the end the following:

23 ‘‘(ix) engineered materials arresting

24 systems as described in the Advisory Cir25 cular No. 150/5220–22 published by the
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1 Federal Aviation Administration on August

2 21, 1998.’’.

3 (b) RULEMAKING.—The Administrator shall initiate a

4 rulemaking proceeding to consider revisions to part 139 of

5 title 14, Code of Federal Regulations, to improve runway

6 safety through the use of engineered materials arresting sys7 tems, longer runways, and such other techniques as the Ad8 ministrator considers appropriate.

9 Subtitle C—Miscellaneous

10 SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT11 RELATED PROJECTS.

12 Section 40117(a)(3)(E) is amended—

13 (1) by striking ‘‘and’’ and inserting a comma;

14 and

15 (2) by striking the period at the end and insert16 ing the following: ‘‘(including structural foundations

17 and floor systems, exterior building walls and load18 bearing interior columns or walls, windows, door and

19 roof systems, and building utilities (including heat20 ing, air conditioning, ventilation, plumbing, and elec21 trical service)), and aircraft fueling facilities adjacent

22 to the gate.’’.

23 SEC. 152. TERMINAL DEVELOPMENT COSTS.

24 (a) WITH RESPECT TO PASSENGER FACILITY

25 CHARGES.—Section 40117(a)(3) is further amended—
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1 (1) by redesignating subparagraphs (C), (D),

2 and (E) as subparagraphs (D), (E), and (F), respec3 tively; and

4 (2) by inserting after subparagraph (B) the fol5 lowing:

6 ‘‘(C) for costs of terminal development re7 ferred to in subparagraph (B) incurred after Au8 gust 1, 1986, at an airport that did not have

9 more than .25 percent of the total annual pas10 senger boardings in the United States in the

11 most recent calendar year for which data is

12 available and at which total passenger boardings

13 declined by at least 16 percent between calendar

14 year 1989 and calendar year 1997;’’.

15 (b) REPAYING BORROWED MONEY.—Section 47119(a)

16 is amended—

17 (1) in the matter preceding paragraph (1)—

18 (A) by striking ‘‘0.05’’ and inserting

19 ‘‘0.25’’; and

20 (B) by striking ‘‘between January 1, 1992,

21 and October 31, 1992,’’ and inserting ‘‘between

22 August 1, 1986, and September 30, 1990, or be23 tween June 1, 1991, and October 31, 1992,’’; and

24 (2) in paragraph (1)(B) by striking ‘‘an airport

25 development project outside the terminal area at that
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1 airport’’ and inserting ‘‘any needed airport develop2 ment project affecting safety, security, or capacity’’.

3 (c) NONHUB AIRPORTS.—Section 47119(c) is amended

4 by striking ‘‘0.05’’ and inserting ‘‘0.25’’.

5 (d) NONPRIMARY COMMERCIAL SERVICE AIRPORTS.—

6 Section 47119 is amended by adding at the end the fol7 lowing:

8 ‘‘(d) DETERMINATION OF PASSENGER BOARDING AT

9 COMMERCIAL SERVICE AIRPORT.—For the purpose of deter10 mining whether an amount may be distributed for a fiscal

11 year from the discretionary fund in accordance with sub12 section (b)(2)(A) to a commercial service airport, the Sec13 retary shall make the determination of whether or not a

14 public airport is a commercial service airport on the basis

15 of the number of passenger boardings and type of air service

16 at the public airport in the calendar year that includes the

17 first day of such fiscal year or the preceding calendar year,

18 whichever is more beneficial to the airport.’’.

19 SEC. 153. GENERAL FACILITIES AUTHORITY.

20 (a) CONTINUATION OF ILS INVENTORY PROGRAM.—

21 Section 44502(a)(4)(B) is amended—

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

23 1996’’ and inserting ‘‘each of fiscal years 2000

24 through 2002’’; and
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1 (2) by inserting ‘‘under new or existing con2 tracts’’ after ‘‘including acquisition’’.

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

4 44502(a) is amended by adding at the end the following:

5 ‘‘(5) MAINTENANCE AND UPGRADE OF LORAN-C

6 NAVIGATION FACILITIES.—The Secretary shall main7 tain and upgrade Loran-C navigation facilities

8 throughout the transition period to satellite-based

9 navigation.’’.

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

11 CARRIERS.

12 Section 44706 is amended by adding at the end the

13 following:

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

15 For the purposes of subsection (a)(2), a scheduled passenger

16 operation includes charter air transportation for which the

17 general public is provided in advance a schedule containing

18 the departure location, departure time, and arrival location

19 of the flights.

20 ‘‘(h) AUTHORITY TO PRECLUDE SCHEDULED PAS21 SENGER OPERATIONS.—The Administrator shall permit an

22 airport that will be subject to certification under subsection

23 (a)(2) to preclude scheduled passenger operations (including

24 public charter operations described in subsection (g)) at the

25 airport if the airport notifies the Administrator, in writing,
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1 that it does not intend to obtain an airport operating cer2 tificate.’’.

3 SEC. 155. CONSTRUCTION OF RUNWAYS.

4 Notwithstanding any provision of law that specifically

5 restricts the number of runways at a single international

6 airport, the Secretary of Transportation may obligate funds

7 made available under chapters 471 and 481 of title 49,

8 United States Code, for any project to construct a new run9 way at such airport, unless this section is expressly re10 pealed.

11 SEC. 156. USE OF RECYCLED MATERIALS.

12 (a) STUDY.—The Administrator shall conduct a study

13 of the use of recycled materials (including recycled pave14 ments, waste materials, and byproducts) in pavement used

15 for runways, taxiways, and aprons and the specification

16 standards in tests necessary for the use of recycled materials

17 in such pavement. The primary focus of the study shall be

18 on the long term physical performance, safety implications,

19 and environmental benefits of using recycled materials in

20 aviation pavement.

21 (b) CONTRACTING.—The Administrator may carry out

22 the study under this section by entering into a contract with

23 a university of higher education with expertise necessary

24 to carry out the study.
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1 (c) REPORT.—Not later than 1 year after the date of

2 the enactment of this Act, the Administrator shall transmit

3 to Congress a report on the results of the study conducted

4 under this section together with recommendations con5 cerning the use of recycled materials in aviation pavement.

6 (d) FUNDING.—Of the amounts appropriated pursuant

7 to section 106(k), not to exceed $1,500,000 in the aggregate

8 may be used to carry out this section.

9 SEC. 157. AIRCRAFT NOISE PRIMARILY CAUSED BY MILI10 TARY AIRCRAFT.

11 Section 47504(c) is amended by adding at the end the

12 following:

13 ‘‘(6) AIRCRAFT NOISE PRIMARILY CAUSED BY

14 MILITARY AIRCRAFT.—The Administrator may make

15 a grant under this subsection for a project even if the

16 purpose of the project is to mitigate the effect of noise

17 primarily caused by military aircraft at an air18 port.’’.

19 SEC. 158. TIMELY ANNOUNCEMENT OF GRANTS.

20 The Secretary of Transportation shall announce the

21 making of grants with funds made available under section

22 48103 of title 49, United States Code, in a timely fashion

23 after receiving necessary documentation for the making of

24 such grants from the Administrator.
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1 TITLE II—AIRLINE SERVICE

2 IMPROVEMENTS

3 Subtitle A—Service to Airports Not

4 Receiving Sufficient Service

5 SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

6 (a) PHASEOUT OF SLOT RULE FOR O’HARE,

7 LAGUARDIA, AND KENNEDY AIRPORTS.—Section 41714 is

8 amended by adding at the end the following:

9 ‘‘(j) PHASEOUT OF SLOT RULE FOR O’HARE,

10 LAGUARDIA, AND KENNEDY AIRPORTS.—

11 ‘‘(1) O’HARE AIRPORT.—The slot rule shall be of

12 no force and effect at O’Hare International Airport—

13 ‘‘(A) effective March 1, 2000—

14 ‘‘(i) with respect to a regional jet air15 craft providing air transportation between

16 O’Hare International Airport and a small

17 hub or nonhub airport—

18 ‘‘(I) if the operator of the regional

19 jet aircraft was not providing such air

20 transportation during the week of June

21 15, 1999; or

22 ‘‘(II) if the level of air transpor23 tation to be provided between such air24 ports by the operator of the regional jet

25 aircraft during any week will exceed
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1 the level of air transportation provided

2 by such operator between such airports

3 during the week of June 15, 1999; and

4 ‘‘(ii) with respect to any aircraft pro5 viding foreign air transportation;

6 ‘‘(B) effective March 1, 2001, with respect to

7 any aircraft operating before 2:45 post meridiem

8 and after 8:15 post meridiem; and

9 ‘‘(C) effective March 1, 2002, with respect to

10 any aircraft.

11 ‘‘(2) LAGUARDIA AND KENNEDY.—The slot rule

12 shall be of no force and effect at LaGuardia Airport

13 or John F. Kennedy International Airport—

14 ‘‘(A) effective March 1, 2000, with respect to

15 a regional jet aircraft providing air transpor16 tation between LaGuardia Airport or John F.

17 Kennedy International Airport and a small hub

18 or nonhub airport—

19 ‘‘(I) if the operator of the regional

20 jet aircraft was not providing such air

21 transportation during the week of June

22 15, 1999; or

23 ‘‘(II) if the level of air transpor24 tation to be provided between such air25 ports by the operator of the regional jet
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1 aircraft during any week will exceed

2 the level of air transportation provided

3 by such operator between such airports

4 during the week of June 15, 1999; and

5 ‘‘(B) effective January 1, 2007, with respect

6 to any aircraft.’’.

7 (b) ADDITIONAL EXEMPTIONS FROM SLOT RULE.—

8 Section 41714 is amended by striking subsections (e) and

9 (f) and inserting the following:

10 ‘‘(e) ADDITIONAL EXEMPTIONS FROM SLOT RULE.—

11 ‘‘(1) SLOT EXEMPTIONS FOR AIRPORTS NOT RE12 CEIVING SUFFICIENT SERVICE.—

13 ‘‘(A) IN GENERAL.—Notwithstanding chap14 ter 491, the Secretary may by order grant ex15 emptions from the slot rule for Ronald Reagan

16 Washington National Airport and O’Hare Inter17 national Airport to enable air carriers to provide

18 nonstop air transportation using jet aircraft that

19 comply with the stage 3 noise levels of part 36

20 of title 14, Code of Federal Regulations, between

21 the airport and a small hub or nonhub airport

22 that the Secretary determines has (i) insufficient

23 air carrier service to and from Reagan National

24 Airport or O’Hare International Airport, as the

25 case may be, or (ii) unreasonably high airfares.
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1 ‘‘(B) NUMBER OF SLOT EXEMPTIONS TO BE

2 GRANTED.—

3 ‘‘(i) REAGAN NATIONAL.—

4 ‘‘(I) MAXIMUM NUMBER OF EX5 EMPTIONS.—No more than 2 exemp6 tions from the slot rule per hour and

7 no more than 6 exemptions from the

8 slot rule per day may be granted under

9 this paragraph for Ronald Reagan

10 Washington National Airport.

11 ‘‘(II) MAXIMUM DISTANCE OF

12 FLIGHTS.—An exemption from the slot

13 rule may be granted under this para14 graph for Ronald Reagan Washington

15 National Airport only if the flight uti16 lizing the exemption begins or ends

17 within 1,250 miles of such airport and

18 a stage 3 aircraft is used for such

19 flight.

20 ‘‘(ii) O’HARE AIRPORT.—20 exemp21 tions from the slot rule per day shall be

22 granted under this paragraph for O’Hare

23 International Airport.

24 ‘‘(2) SLOT EXEMPTIONS AT O’HARE FOR NEW EN25 TRANT AIR CARRIERS.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall

2 grant 30 exemptions from the slot rule to enable

3 new entrant air carriers to provide air transpor4 tation at O’Hare International Airport using

5 stage 3 aircraft.

6 ‘‘(B) PRIORITY CONSIDERATION.—In grant7 ing exemptions under this paragraph, the Sec8 retary shall give priority consideration to an ap9 plication from an air carrier that, as of June

10 15, 1999, operated or held fewer than 20 slots at

11 O’Hare International Airport.

12 ‘‘(3) INSUFFICIENT APPLICATIONS.—If, on the

13 180th day following the date of the enactment of the

14 Aviation Investment and Reform Act for the 21st

15 Century, the Secretary has not granted all of the ex16 emptions from the slot rule made available under this

17 subsection at an airport because an insufficient num18 ber of eligible applicants have submitted applications

19 for the exemptions, the Secretary may grant the re20 maining exemptions at the airport to any air carrier

21 applying for the exemptions for the provision of any

22 type of air transportation. An exemption granted

23 under paragraph (1) or (2) pursuant to this para24 graph may be reclaimed by the Secretary for issuance

25 in accordance with the terms of paragraph (1) or (2),
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1 as the case may be, if subsequent applications under

2 paragraph (1) or (2), as the case maybe, so warrant.

3 ‘‘(f) REQUIREMENTS RELATING TO ADDITIONAL SLOT

4 EXEMPTIONS.—

5 ‘‘(1) APPLICATIONS.—An air carrier interested

6 in obtaining an exemption from the slot rule under

7 subsection (e) shall submit to the Secretary an appli8 cation for the exemption. No application may be sub9 mitted to the Secretary under subsection (e) before the

10 last day of the 30-day period beginning on the date

11 of the enactment of the Aviation Investment and Re12 form Act for the 21st Century.

13 ‘‘(2) PERIOD OF EFFECTIVENESS.—An exemp14 tion from the slot rule granted under subsection (e)

15 shall remain in effect only while the air carrier for

16 whom the exemption is granted continues to provide

17 the air transportation for which the exemption is

18 granted.

19 ‘‘(3) TREATMENT OF CERTAIN COMMUTER AIR

20 CARRIERS.—The Secretary shall treat all commuter

21 air carriers that have cooperative agreements, includ22 ing code share agreements with other air carriers,

23 equally for determining eligibility for exemptions

24 from the slot rule under subsection (e) 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 (c) DEFINITIONS.—

4 (1) IN GENERAL.—Section 41714(h) is amended

5 by adding at the end the following:

6 ‘‘(5) NONHUB AIRPORT.—The term ‘nonhub air7 port’ means an airport that each year has less than

8 .05 percent of the total annual boardings in the

9 United States.

10 ‘‘(6) REGIONAL JET AIRCRAFT.—The term ‘re11 gional jet aircraft’ means a 2-engine jet aircraft with

12 a design capacity of 70 or fewer seats, manufactured

13 after January 1, 1992, that has an effective perceived

14 noise level on takeoff not exceeding 83 decibels when

15 measured according to the procedures described in

16 part 36 of title 14, Code of Federal Regulations.

17 ‘‘(7) SLOT RULE.—The term ‘slot rule’ means the

18 requirements of subparts K and S of part 93 of title

19 14, Code of Federal Regulations.

20 ‘‘(8) SMALL HUB AIRPORT.—The term ‘small hub

21 airport’ means an airport that each year has at least

22 .05 percent, but less than .25 percent, of the total an23 nual boardings in the United States.

24 ‘‘(9) UNREASONABLY HIGH AIRFARE.—The term

25 ‘unreasonably high airfare’, as used with respect to
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1 an airport, means that the airfare listed in the table

2 entitled ‘Top 1,000 City-Pair Market Summarized by

3 City’, contained in the Domestic Airline Fares Con4 sumer Report of the Department of Transportation,

5 for one or more markets for which the airport is a

6 part of has an average yield listed in such table that

7 is more than 19 cents.’’.

8 (2) REGULATORY DEFINITION OF LIMITED IN9 CUMBENT CARRIER.—The Secretary shall modify the

10 definition of the term ‘‘limited incumbent carrier’’ in

11 subpart S of part 93 of title 14, Code of Federal Reg12 ulations, to require an air carrier or commuter oper13 ator to hold or operate fewer than 20 slots (instead

14 of 12 slots) to meet the criteria of the definition. For

15 purposes of this section, such modification shall be

16 treated as in effect on the date of the enactment of

17 this Act.

18 (d) PROHIBITION ON SLOT WITHDRAWALS.—Section

19 41714(b) is amended—

20 (1) in paragraph (2)—

21 (A) by inserting ‘‘at O’Hare International

22 Airport’’ after ‘‘a slot’’; and

23 (B) by striking ‘‘if the withdrawal’’ and all

24 that follows before the period; and
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1 (2) by striking paragraph (4) and inserting the

2 following:

3 ‘‘(4) CONVERSION OF SLOTS.—Effective March 1,

4 2000, slots at O’Hare International Airport allocated

5 to an air carrier as of June 15, 1999, to provide for6 eign air transportation shall be made available to

7 such carrier to provide interstate or intrastate air

8 transportation.’’.

9 (e) CONFORMING AMENDMENTS.—Section 41714(c) is

10 amended—

11 (1) by striking ‘‘SLOTS FOR NEW ENTRANTS.—

12 ’’ and all that follows through ‘‘If the’’ and inserting

13 ‘‘SLOTS FOR NEW ENTRANTS.—If the’’; and

14 (2) by striking paragraph (2).

15 (f) AMENDMENTS REFLECTING PHASEOUT OF SLOT

16 RULE FOR CERTAIN AIRPORTS.—Effective January 1,

17 2007, section 41714 is amended—

18 (1) by striking subsections (a), (b), (c), (e), (f),

19 (g), (h), and (i);

20 (2) by redesignating subsections (d) and (j) as

21 subsections (a) and (b), respectively;

22 (3) in the heading for subsection (a) (as so redes23 ignated) by striking ‘‘SPECIAL RULES FOR’’; and

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

25 ‘‘(c) DEFINITIONS.—
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1 ‘‘(1) NONHUB AIRPORT.—The term ‘nonhub air2 port’ means an airport that each year has less than

3 .05 percent of the total annual boardings in the

4 United States.

5 ‘‘(2) REGIONAL JET AIRCRAFT.—The term ‘re6 gional jet aircraft’ means a 2-engine jet aircraft with

7 a design capacity of 70 or fewer seats, manufactured

8 after January 1, 1992, that has an effective perceived

9 noise level on takeoff not exceeding 83 decibels when

10 measured according to the procedures described in

11 part 36 of title 14, Code of Federal Regulations.

12 ‘‘(3) SLOT.—The term ‘slot’ means a reservation

13 for an instrument flight rule takeoff or landing by an

14 air carrier or an aircraft in air transportation.’’.

15 ‘‘(4) SLOT RULE.—The term ‘slot rule’ means the

16 requirements of subparts K and S of part 93 of title

17 14, Code of Federal Regulations (pertaining to slots

18 at high density airports).

19 ‘‘(5) SMALL HUB AIRPORT.—The term ‘small hub

20 airport’ means an airport that each year has at least

21 .05 percent, but less than .25 percent, of the total an22 nual boardings in the United States.

23 ‘‘(6) UNREASONABLY HIGH AIRFARE.—The term

24 ‘unreasonably high airfare’, as used with respect to

25 an airport, means that the airfare listed in the table
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1 entitled ‘Top 1,000 City-Pair Market Summarized by

2 City’, contained in the Domestic Airline Fares Con3 sumer Report of the Department of Transportation,

4 for one or more markets for which the airport is a

5 part of has an average yield listed in such table that

6 is more than 19 cents.’’.

7 SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR8 PORTS NOT RECEIVING SUFFICIENT SERVICE.

9 (a) FUNDING FOR AIRPORTS NOT RECEIVING SUFFI10 CIENT SERVICE.—Chapter 417 is amended by adding at the

11 end the following:

12 ‘‘§ 41743. Airports not receiving sufficient service

13 ‘‘(a) TYPES OF ASSISTANCE.—The Secretary of Trans14 portation may use amounts made available under this

15 section—

16 ‘‘(1) to provide assistance to an air carrier to

17 subsidize service to and from an underserved airport

18 for a period not to exceed 3 years;

19 ‘‘(2) to provide assistance to an underserved air20 port to obtain jet aircraft service (and to promote

21 passenger use of that service) to and from the under22 served airport; and

23 ‘‘(3) to provide assistance to an underserved air24 port to implement such other measures as the Sec25 retary, in consultation with such airport, considers
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1 appropriate to improve air service both in terms of

2 the cost of such service to consumers and the avail3 ability of such service, including improving air serv4 ice through marketing and promotion of air service

5 and enhanced utilization of airport facilities.

6 ‘‘(b) PRIORITY CRITERIA FOR ASSISTING AIRPORTS

7 NOT RECEIVING SUFFICIENT SERVICE.—In providing as8 sistance to airports under subsection (a), the Secretary shall

9 give priority to those airports for which a community will

10 provide, from local sources (other than airport revenues),

11 a portion of the cost of the activity to be assisted.

12 ‘‘(c) DEFINITIONS.—In this section, the following defi13 nitions apply:

14 ‘‘(1) UNDERSERVED AIRPORT.—The term ‘under15 served airport’ means a nonhub airport or small hub

16 airport (as such terms are defined in section 41731)

17 that—

18 ‘‘(A) the Secretary determines is not receiv19 ing sufficient air carrier service; or

20 ‘‘(B) has unreasonably high airfares.

21 ‘‘(2) UNREASONABLY HIGH AIRFARE.—The term

22 ‘unreasonably high airfare’, as used with respect to

23 an airport, means that the airfare listed in the table

24 entitled ‘Top 1,000 City-Pair Market Summarized by

25 City’, contained in the Domestic Airline Fares Con-
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1 sumer Report of the Department of Transportation,

2 for one or more markets for which the airport is a

3 part of has an average yield listed in such table that

4 is more than 19 cents.

5 ‘‘(d) AUTHORITY TO MAKE AGREEMENTS AND INCUR

6 OBLIGATIONS.—

7 ‘‘(1) IN GENERAL.—The Secretary may make

8 agreements and incur obligations from the Airport

9 and Airway Trust Fund to provide assistance under

10 this section. An agreement by the Secretary under this

11 subsection is a contractual obligation of the Govern12 ment to pay the Government’s share of the compensa13 tion. Contract authority made available by this para14 graph shall be subject to an obligation limitation.

15 ‘‘(2) AMOUNTS MADE AVAILABLE.—There shall be

16 available to the Secretary out of the Fund not more

17 than $25,000,000 for each of fiscal years 2000 through

18 2004 to incur obligations under this section. Amounts

19 made available under this section shall remain avail20 able until expended.’’.

21 (c) CONFORMING AMENDMENT.—The analysis for

22 chapter 417 is amended by adding at the end the following:

‘‘41743. Airports not receiving sufficient service.’’.

23 SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

24 Section 41736(b) is amended by adding at the end the

25 following:
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1 ‘‘Paragraph (4) shall not apply to any place for which a

2 proposal was approved or that was designated as eligible

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

4 1991, and ending on December 31, 1997.’’.

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

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

7 following:

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

9 the United States, including those in small commu10 nities and rural and remote areas, have access to af11 fordable, regularly scheduled air service.’’.

12 SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIR13 PORT.

14 The Secretary of Transportation shall not deny assist15 ance with respect to a place under subchapter II of chapter

16 417 of title 49, United States Code, solely on the basis that

17 the place is located within 70 highway miles of a hub air18 port (as defined by section 41731 of such title) if the most

19 commonly used highway route between the place and the

20 hub airport exceeds 70 miles.
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1 Subtitle B—Regional Air Service

2 Incentive Program

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

5 (a) IN GENERAL.—Chapter 417 is amended by adding

6 at the end the following:

7 ‘‘SUBCHAPTER III—REGIONAL AIR SERVICE

8 INCENTIVE PROGRAM

9 ‘‘§ 41761. Purpose

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

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

14 use in serving those markets.

15 ‘‘§ 41762. Definitions

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

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

18 means any air carrier holding a certificate of public

19 convenience and necessity issued by the Secretary of

20 Transportation under section 41102.

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

22 purchase’ means the purchase of commercial transport

23 aircraft, including spare parts normally associated

24 with the aircraft.
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1 ‘‘(3) CAPITAL RESERVE SUBSIDY AMOUNT.—The

2 term ‘capital reserve subsidy amount’ means the

3 amount of budget authority sufficient to cover esti4 mated long-term cost to the United States Govern5 ment of a Federal credit instrument, calculated on a

6 net present value basis, excluding administrative costs

7 and any incidental effects on government receipts or

8 outlays in accordance with provisions of the Federal

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

10 ‘‘(4) COMMUTER AIR CARRIER.—The term ‘com11 muter air carrier’ means an air carrier that pri12 marily operates aircraft designed to have a maximum

13 passenger seating capacity of 75 or less in accordance

14 with published flight schedules.

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

16 ‘Federal credit instrument’ means a secured loan,

17 loan guarantee, or line of credit authorized to be

18 made under this subchapter.

19 ‘‘(6) FINANCIAL OBLIGATION.—The term ‘finan20 cial obligation’ means any note, bond, debenture, or

21 other debt obligation issued by an obligor in connec22 tion with the financing of an aircraft purchase, other

23 than a Federal credit instrument.

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

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

2 Regulations (or any successor regulation) known as

3 Rule 144A(a) of the Security and Exchange Commis4 sion and issued under the Security Act of 1933 (15

5 U.S.C. 77a et seq.)), including—

6 ‘‘(A) a qualified retirement plan (as defined

7 in section 4974(c) of the Internal Revenue Code

8 of 1986) that is a qualified institutional buyer;

9 and

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

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

12 1986) that is a qualified institutional buyer.

13 ‘‘(8) LINE OF CREDIT.—The term ‘line of credit’

14 means an agreement entered into by the Secretary

15 with an obligor under section 41763(d) to provide a

16 direct loan at a future date upon the occurrence of

17 certain events.

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

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

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

22 other debt obligation issued by an obligor and funded

23 by a lender.

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

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

2 published schedule for less than 5 years, including

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

6 ‘‘(11) NONHUB AIRPORT.—The term ‘nonhub air7 port’ means an airport that each year has less than

8 .05 percent of the total annual boardings in the

9 United States.

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

11 party primarily liable for payment of the principal

12 of or interest on a Federal credit instrument, which

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

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

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

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

21 more than 75.

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

23 means a direct loan funded by the Secretary in con24 nection with the financing of an aircraft purchase

25 under section 41763(b).
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1 ‘‘(15) SMALL HUB AIRPORT.—The term ‘small

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

3 least .05 percent, but less than .25 percent, of the total

4 annual boardings in the United States.

5 ‘‘(16) UNDERSERVED MARKET.—The term ‘un6 derserved market’ means a passenger air transpor7 tation market (as defined by the Secretary) that—

8 ‘‘(A) is served (as determined by the Sec9 retary) by a nonhub airport or a small hub air10 port;

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

12 airport that each year has at least .25 percent of

13 the total annual boardings in the United States;

14 and

15 ‘‘(C) the Secretary determines does not have

16 sufficient air service.

17 ‘‘§ 41763. Federal credit instruments

18 ‘‘(a) IN GENERAL.—Subject to this section, the Sec19 retary of Transportation may enter into agreements with

20 one or more obligors to make available Federal credit in21 struments, the proceeds of which shall be used to finance

22 aircraft purchases.

23 ‘‘(b) SECURED LOANS.—

24 ‘‘(1) TERMS AND LIMITATIONS.—
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1 ‘‘(A) IN GENERAL.—A secured loan under

2 this section with respect to an aircraft purchase

3 shall be on such terms and conditions and con4 tain such covenants, representatives, warranties,

5 and requirements (including requirements for

6 audits) as the Secretary determines appropriate.

7 ‘‘(B) MAXIMUM AMOUNT.—No secured loan

8 may be made under this section—

9 ‘‘(i) that extends to more than 50 per10 cent of the purchase price (including the

11 value of any manufacturer credits, post12 purchase options, or other discounts) of the

13 aircraft, including spare parts, to be pur14 chased; or

15 ‘‘(ii) that, when added to the remain16 ing balance on any other Federal credit in17 struments made under this subchapter, pro18 vides more than $100,000,000 of out19 standing credit to any single obligor.

20 ‘‘(C) FINAL PAYMENT DATE.—The final

21 payment on the secured loan shall not be due

22 later than 18 years after the date of execution of

23 the loan agreement.

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

25 may be subordinate to claims of other holders of
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1 obligations in the event of bankruptcy, insol2 vency, or liquidation of the obligor as determined

3 appropriate by the Secretary.

4 ‘‘(E) FEES.—The Secretary, subject to ap5 propriations, may establish fees at a level suffi6 cient to cover all or a portion of the costs to the

7 United States Government of making a secured

8 loan under this section. The proceeds of such fees

9 shall be deposited in an account to be used by the

10 Secretary for the purpose of administering the

11 program established under this subchapter and

12 shall be available upon deposit until expended.

13 ‘‘(2) REPAYMENT.—

14 ‘‘(A) SCHEDULE.—The Secretary shall es15 tablish a repayment schedule for each secured

16 loan under this section based on the projected

17 cash flow from aircraft revenues and other re18 payment sources.

19 ‘‘(B) COMMENCEMENT.—Scheduled loan re20 payments of principal and interest on a secured

21 loan under this section shall commence no later

22 than 3 years after the date of execution of the

23 loan agreement.

24 ‘‘(3) PREPAYMENT.—
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1 ‘‘(A) USE OF EXCESS REVENUE.—After sat2 isfying scheduled debt service requirements on all

3 financial obligations and secured loans and all

4 deposit requirements under the terms of any

5 trust agreement, bond resolution, or similar

6 agreement securing financial obligations, the se7 cured loan may be prepaid at anytime without

8 penalty.

9 ‘‘(B) USE OF PROCEEDS OF REFI10 NANCING.—The secured loan may be prepaid at

11 any time without penalty from proceeds of refi12 nancing from non-Federal funding sources.

13 ‘‘(c) LOAN GUARANTEES.—

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

15 section with respect to a loan made for an aircraft

16 purchase shall be made in such form and on such

17 terms and conditions and contain such covenants,

18 representatives, warranties, and requirements (includ19 ing requirements for audits) as the Secretary deter20 mines appropriate.

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

22 shall be made under this section—

23 ‘‘(A) that extends to more than the unpaid

24 interest and 50 percent of the unpaid principal

25 on any loan;
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1 ‘‘(B) that, for any loan or combination of

2 loans, extends to more than 50 percent of the

3 purchase price (including the value of any man4 ufacturer credits, post-purchase options, or other

5 discounts) of the aircraft, including spare parts,

6 to be purchased with the loan or loan combina7 tion;

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

9 terms permit repayment more than 15 years

10 after the date of execution of the loan; or

11 ‘‘(D) that, when added to the remaining

12 balance on any other Federal credit instruments

13 made under this subchapter, provides more than

14 $100,000,000 of outstanding credit to any single

15 obligor.

16 ‘‘(3) FEES.—The Secretary, subject to appro17 priations, may establish fees at a level sufficient to

18 cover all or a portion of the costs to the United States

19 Government of making a loan guarantee under this

20 section. The proceeds of such fees shall be deposited in

21 an account to be used by the Secretary for the purpose

22 of administering the program established under this

23 subchapter and shall be available upon deposit until

24 expended.

25 ‘‘(d) LINES OF CREDIT.—
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1 ‘‘(1) IN GENERAL.—Subject to the requirements

2 of this subsection, the Secretary may enter into agree3 ments to make available lines of credit to one or more

4 obligors in the form of direct loans to be made by the

5 Secretary at future dates on the occurrence of certain

6 events for any aircraft purchase selected under this

7 section.

8 ‘‘(2) TERMS AND LIMITATIONS.—

9 ‘‘(A) IN GENERAL.—A line of credit under

10 this subsection with respect to an aircraft pur11 chase shall be on such terms and conditions and

12 contain such covenants, representatives, warran13 ties, and requirements (including requirements

14 for audits) as the Secretary determines appro15 priate.

16 ‘‘(B) MAXIMUM AMOUNT.—

17 ‘‘(i) TOTAL AMOUNT.—The amount of

18 any line of credit shall not exceed 50 per19 cent of the purchase price (including the

20 value of any manufacturer credits, post21 purchase options, or other discounts) of the

22 aircraft, including spare parts.

23 ‘‘(ii) 1–YEAR DRAWS.—The amount

24 drawn in any year shall not exceed 20 per25 cent of the total amount of the line of credit.
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1 ‘‘(C) DRAWS.—Any draw on the line of

2 credit shall represent a direct loan.

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

4 of credit shall be available not more than 5 years

5 after the aircraft purchase date.

6 ‘‘(E) RIGHTS OF THIRD-PARTY CREDI7 TORS.—

8 ‘‘(i) AGAINST UNITED STATES GOVERN9 MENT.—A third-party creditor of the obligor

10 shall not have any right against the United

11 States Government with respect to any

12 draw on the line of credit.

13 ‘‘(ii) ASSIGNMENT.—An obligor may

14 assign the line of credit to one or more lend15 ers or to a trustee on the lender’s behalf.

16 ‘‘(F) SUBORDINATION.—A direct loan under

17 this subsection may be subordinate to claims of

18 other holders of obligations in the event of bank19 ruptcy, insolvency, or liquidation of the obligor

20 as determined appropriate by the Secretary.

21 ‘‘(G) FEES.—The Secretary, subject to ap22 propriations, may establish fees at a level suffi23 cient to cover all of a portion of the costs to the

24 United States Government of providing a line of

25 credit under this subsection. The proceeds of such
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1 fees shall be deposited in an account to be used

2 by the Secretary for the purpose of administering

3 the program established under this subchapter

4 and shall be available upon deposit until ex5 pended.

6 ‘‘(3) REPAYMENT.—

7 ‘‘(A) SCHEDULE.—The Secretary shall es8 tablish a repayment schedule for each direct loan

9 under this subsection.

10 ‘‘(B) COMMENCEMENT.—Scheduled loan re11 payments of principal or interest on a direct

12 loan under this subsection shall commence no

13 later than 3 years after the date of the first draw

14 on the line of credit and shall be repaid, with in15 terest, not later than 18 years after the date of

16 the first draw.

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

18 agreement under this section to make available a Federal

19 credit instrument, the Secretary, in consultation with the

20 Director of the Office of Management and Budget, shall de21 termine an appropriate capital reserve subsidy amount for

22 the Federal credit instrument based on such credit evalua23 tions as the Secretary deems necessary.
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1 ‘‘(f) CONDITIONS.—Subject to subsection (h), the Sec2 retary may only make a Federal credit instrument avail3 able under this section if the Secretary finds that—

4 ‘‘(1) the aircraft to be purchased with the Fed5 eral credit instrument is a regional jet aircraft needed

6 to improve the service and efficiency of operation of

7 a commuter air carrier or new entrant air carrier;

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

9 carrier enters into a legally binding agreement that

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

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

14 with the character and value of the security pledged,

15 including the collateral value of the aircraft being ac16 quired and any other assets or pledges used to secure

17 the Federal credit instrument, furnish—

18 ‘‘(A) reasonable assurances of the air car19 rier’s ability and intention to repay the Federal

20 credit instrument within the terms established by

21 the Secretary—

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

23 air carrier; and

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

25 determines to be necessary, to continue its
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1 operations as an air carrier between the

2 same route or routes being operated by the

3 air carrier at the time of the issuance of the

4 Federal credit instrument; and

5 ‘‘(B) reasonable protection to the United

6 States.

7 ‘‘(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL

8 CREDIT INSTRUMENTS.—The Secretary shall not allow the

9 combined amount of Federal credit instruments available

10 for any aircraft purchase under this section to exceed—

11 ‘‘(1) 50 percent of the cost of the aircraft pur12 chase; or

13 ‘‘(2) $100,000,000 for any single obligor.

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

15 Federal credit instrument may be made under this section

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

17 comply with the stage 3 noise levels of part 36 of title 14

18 of the Code of Federal Regulations, as in effect on January

19 1, 1999.

20 ‘‘(i) OTHER LIMITATIONS.—No Federal credit instru21 ment shall be made by the Secretary under this section for

22 the purchase of a regional jet aircraft unless the commuter

23 air carrier or new entrant air carrier enters into a legally

24 binding agreement that requires the carrier to provide

25 scheduled passenger air transportation to the underserved
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1 market for which the aircraft is purchased for a period of

2 not less than 36 consecutive months after the date that air3 craft is placed in service.

4 ‘‘§ 41764. Use of Federal facilities and assistance

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

6 Secretary of Transportation to make use of such expert ad7 vice and services as the Secretary may require in carrying

8 out this subchapter, the Secretary may use available serv9 ices and facilities of other agencies and instrumentalities

10 of the United States Government—

11 ‘‘(1) with the consent of the appropriate Federal

12 officials; and

13 ‘‘(2) on a reimbursable basis.

14 ‘‘(b) ASSISTANCE.—The head of each appropriate de15 partment or agency of the United States Government shall

16 exercise the duties and powers of that head in such manner

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

18 41761.

19 ‘‘(c) OVERSIGHT.—The Secretary shall make available

20 to the Comptroller General of the United States such infor21 mation with respect to any Federal credit instrument made

22 under this subchapter as the Comptroller General may re23 quire to carry out the duties of the Comptroller General

24 under chapter 7 of title 31, United States Code.
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1 ‘‘§ 41765. Administrative expenses

2 ‘‘In carrying out this subchapter, the Secretary shall

3 use funds made available by appropriations to the Depart4 ment of Transportation for the purpose of administration,

5 in addition to the proceeds of any fees collected under this

6 subchapter, to cover administrative expenses of the Federal

7 credit instrument program under this subchapter.

8 ‘‘§ 41766. Funding.

9 ‘‘Of the amounts appropriated under section 106(k) for

10 each of fiscal years 2001 through 2004, such sums as may

11 be necessary may be used to carry out this subchapter, in12 cluding administrative expenses.

13 ‘‘§ 41767. Termination

14 ‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRU15 MENTS.—The authority of the Secretary of Transportation

16 to issue Federal credit instruments under section 41763

17 shall terminate on the date that is 5 years after the date

18 of the enactment of this subchapter.

19 ‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER

20 PROGRAM FOR EXISTING FEDERAL CREDIT INSTRU21 MENTS.—On and after the termination date, the Secretary

22 shall continue to administer the program established under

23 this subchapter for Federal credit instruments issued under

24 this subchapter before the termination date until all obliga25 tions associated with such instruments have been satisfied.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 417 is amended by adding at the end the following:

‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

‘‘Sec.

‘‘41761. Purpose.

‘‘41762. Definitions.

‘‘41763. Federal credit instruments.

‘‘41764. Use of Federal facilities and assistance.

‘‘41765. Administrative expenses.

‘‘41766. Funding.

‘‘41767. Termination.’’.

3 TITLE III—FAA MANAGEMENT

4 REFORM

5 SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

6 Section 40102(a) is amended—

7 (1) by redesignating paragraphs (5) through (41)

8 as paragraphs (6) through (42), respectively; and

9 (2) by inserting after paragraph (4) the fol10 lowing:

11 ‘‘(5) ‘air traffic control system’ means the com12 bination of elements used to safely and efficiently

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

14 United States and United States-assigned airspace,

15 including—

16 ‘‘(A) allocated electromagnetic spectrum and

17 physical, real, personal, and intellectual prop18 erty assets making up facilities, equipment, and

19 systems employed to detect, track, and guide air20 craft movement;
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1 ‘‘(B) laws, regulations, orders, directives,

2 agreements, and licenses;

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

5 ensure adequate aircraft separation; and

6 ‘‘(D) trained personnel with specific tech7 nical capabilities to satisfy the operational, engi8 neering, management, and planning require9 ments for air traffic control.’’.

10 SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

11 (a) ESTABLISHMENT.—

12 (1) IN GENERAL.—Chapter 1 is amended by add13 ing at the end the following:

14 ‘‘§ 113. Air Traffic Control Oversight Board

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

16 the Department of Transportation an ‘Air Traffic Control

17 Oversight Board’ (in this section referred to as the ‘Over18 sight Board’).

19 ‘‘(b) MEMBERSHIP.—

20 ‘‘(1) COMPOSITION.—The Oversight Board shall

21 be composed of nine members, as follows:

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

23 are not otherwise Federal officers or employees

24 and who are appointed by the President, by and

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

2 Transportation or, if the Secretary so designates,

3 the Deputy Secretary of the Transportation.

4 ‘‘(C) One member shall be the Adminis5 trator of the Federal Aviation Administration.

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

7 who is appointed by the President, by and with

8 the advice and consent of the Senate, from

9 among individuals who are the leaders of their

10 respective unions of air traffic control system

11 employees.

12 ‘‘(2) QUALIFICATIONS AND TERMS.—

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

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

15 shall—

16 ‘‘(i) have a fiduciary responsibility to

17 represent the public interest;

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

19 and

20 ‘‘(iii) be appointed without regard to

21 political affiliation and solely on the basis

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

24 ‘‘(I) Management of large service

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

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

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

6 ‘‘(V) Organizational development.

7 ‘‘(VI) Labor relations.

8 At least three members of the Oversight Board

9 appointed under paragraph (1)(A) should have

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

11 least one of such members should have a back12 ground in managing large organizations success13 fully. In the aggregate, such members should col14 lectively bring to bear expertise in all of the

15 areas described in subclauses (I) through (VI) of

16 clause (iii).

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

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

19 may—

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

21 own stock in or bonds of, an aviation or

22 aeronautical enterprise;

23 ‘‘(ii) engage in another business related

24 to aviation or aeronautics; or
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1 ‘‘(iii) be a member of any organization

2 that engages, as a substantial part of its ac3 tivities, in activities to influence aviation4 related legislation.

5 ‘‘(C) TERMS FOR AIR TRAFFIC CONTROL

6 REPRESENTATIVES.—A member appointed under

7 paragraph (1)(D) shall be appointed for a term

8 of 3 years, except that the term of such indi9 vidual shall end whenever the individual no

10 longer meets the requirements of paragraph

11 (1)(D).

12 ‘‘(D) TERMS FOR NONFEDERAL OFFICERS

13 OR EMPLOYEES.—A member appointed under

14 paragraph (1)(A) shall be appointed for a term

15 of 5 years, except that of the members first ap16 pointed under paragraph (1)(A)—

17 ‘‘(i) two members shall be appointed

18 for a term of 3 years;

19 ‘‘(ii) two members shall be appointed

20 for a term of 4 years; and

21 ‘‘(iii) two members shall be appointed

22 for a term of 5 years.

23 ‘‘(E) REAPPOINTMENT.—An individual

24 may not be appointed under paragraph (1)(A) to
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1 more than two 5-year terms on the Oversight

2 Board.

3 ‘‘(F) VACANCY.—Any vacancy on the Over4 sight Board shall be filled in the same manner

5 as the original appointment. Any member ap6 pointed to fill a vacancy occurring before the ex7 piration of the term for which the member’s

8 predecessor was appointed shall be appointed for

9 the remainder of that term.

10 ‘‘(3) ETHICAL CONSIDERATIONS.—

11 ‘‘(A) FINANCIAL DISCLOSURE.—During the

12 entire period that an individual appointed

13 under subparagraph (A) or (D) of paragraph (1)

14 is a member of the Oversight Board, such indi15 vidual shall be treated as serving as an officer or

16 employee referred to in section 101(f) of the Eth17 ics in Government Act of 1978 for purposes of

18 title I of such Act, except that section 101(d) of

19 such Act shall apply without regard to the num20 ber of days of service in the position.

21 ‘‘(B) RESTRICTIONS ON POST-EMPLOY22 MENT.—For purposes of section 207(c) of title

23 18, an individual appointed under subpara24 graph (A) or (D) of paragraph (1) shall be treat25 ed as an employee referred to in section
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1 207(c)(2)(A)(i) of such title during the entire pe2 riod the individual is a member of the Board,

3 except that subsections (c)(2)(B) and (f) of sec4 tion 207 of such title shall not apply.

5 ‘‘(C) WAIVER.—At the time the President

6 nominates an individual for appointment as a

7 member of the Oversight Board under paragraph

8 (1)(D), the President may waive for the term of

9 the member any appropriate provision of chapter

10 11 of title 18, to the extent such waiver is nec11 essary to allow the member to participate in the

12 decisions of the Board while continuing to serve

13 as a full-time Federal employee or a representa14 tive of employees. Any such waiver shall not be

15 effective unless a written intent of waiver to ex16 empt such member (and actual waiver language)

17 is submitted to the Senate with the nomination

18 of such member.

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

20 Board shall constitute a quorum. A majority of mem21 bers present and voting shall be required for the Over22 sight Board to take action.

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

24 Board appointed under subparagraph (A) or (D) of
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1 paragraph (1) may be removed for cause by the Presi2 dent.

3 ‘‘(6) CLAIMS.—

4 ‘‘(A) IN GENERAL.—A member of the Over5 sight Board appointed under subparagraph (A)

6 or (D) of paragraph (1) shall have no personal

7 liability under Federal law with respect to any

8 claim arising out of or resulting from an act or

9 omission by such member within the scope of

10 service as a member of the Oversight Board.

11 ‘‘(B) EFFECT ON OTHER LAW.—This para12 graph shall not be construed—

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

14 protection that may be available to a mem15 ber of the Oversight Board under applicable

16 law with respect to such transactions;

17 ‘‘(ii) to affect any other right or rem18 edy against the United States under appli19 cable law; or

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

21 immunities that are available under appli22 cable law for Federal officers and employees.

23 ‘‘(c) GENERAL RESPONSIBILITIES.—

24 ‘‘(1) OVERSIGHT.—The Oversight Board shall

25 oversee the Federal Aviation Administration in its
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1 administration, management, conduct, direction, and

2 supervision of the air traffic control system.

3 ‘‘(2) CONFIDENTIALITY.—The Oversight Board

4 shall ensure that appropriate confidentiality is main5 tained in the exercise of its duties.

6 ‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight

7 Board shall have the following specific responsibilities:

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

9 and monitor achievements under a strategic plan of

10 the Federal Aviation Administration for the air traf11 fic control system, including the establishment of—

12 ‘‘(A) a mission and objectives;

13 ‘‘(B) standards of performance relative to

14 such mission and objectives, including safety, ef15 ficiency, and productivity; and

16 ‘‘(C) annual and long-range strategic plans.

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

18 review and approve—

19 ‘‘(A) methods of the Federal Aviation Ad20 ministration to accelerate air traffic control

21 modernization and improvements in aviation

22 safety related to air traffic control; and

23 ‘‘(B) procurements of air traffic control

24 equipment by the Federal Aviation Administra25 tion in excess of $100,000,000.
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1 ‘‘(3) OPERATIONAL PLANS.—To review the oper2 ational functions of the Federal Aviation Administra3 tion, including—

4 ‘‘(A) plans for modernization of the air

5 traffic control system;

6 ‘‘(B) plans for increasing productivity or

7 implementing cost-saving measures; and

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

9 ‘‘(4) MANAGEMENT.—To—

10 ‘‘(A) review and approve the Administra11 tor’s appointment of a Chief Operating Officer

12 under section 106(r);

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

14 evaluation, and compensation of senior execu15 tives of the Federal Aviation Administration who

16 have program management responsibility over

17 significant functions of the air traffic control

18 system;

19 ‘‘(C) review and approve the Administra20 tor’s plans for any major reorganization of the

21 Federal Aviation Administration that would im22 pact on the management of the air traffic control

23 system;

24 ‘‘(D) review and approve the Administra25 tor’s cost accounting and financial management
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1 structure and technologies to help ensure efficient

2 and cost-effective air traffic control operation;

3 and

4 ‘‘(E) review the performance and coopera5 tion of managers responsible for major acquisi6 tion projects, including the ability of the man7 agers to meet schedule and budget targets.

8 ‘‘(5) BUDGET.—To—

9 ‘‘(A) review and approve the budget request

10 of the Federal Aviation Administration related

11 to the air traffic control system prepared by the

12 Administrator;

13 ‘‘(B) submit such budget request to the Sec14 retary of Transportation; and

15 ‘‘(C) ensure that the budget request supports

16 the annual and long-range strategic plans.

17 The Secretary shall submit the budget request referred to

18 in paragraph (5)(B) for any fiscal year to the President

19 who shall submit such request, without revision, to the Com20 mittees on Transportation and Infrastructure and Appro21 priations of the House of Representatives and the Commit22 tees on Commerce, Science, and Transportation and Appro23 priations of the Senate, together with the President’s annual

24 budget request for the Federal Aviation Administration for

25 such fiscal year.
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1 ‘‘(e) REPORTING OF OVERTURNING OF BOARD DECI2 SIONS.—If the Secretary or Administrator overturns a deci3 sion of the Oversight Board, the Secretary or Adminis4 trator, as appropriate shall report such action to the Presi5 dent, the Committee on Transportation and Infrastructure

6 of the House of Representatives, and the Committee on Com7 merce, Science, and Transportation of the Senate.

8 ‘‘(f) BOARD PERSONNEL MATTERS.—

9 ‘‘(1) COMPENSATION OF MEMBERS.—

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

11 Oversight Board who—

12 ‘‘(i) appointed under subsection

13 (b)(1)(A); or

14 ‘‘(ii) appointed under subsection

15 (b)(1)(D) and is not otherwise a Federal of16 ficer or employee,

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

18 year. All other members shall serve without com19 pensation for such service.

20 ‘‘(B) CHAIRPERSON.—Notwithstanding sub21 paragraph (A), the chairperson of the Oversight

22 Board shall be compensated at a rate of $50,000

23 per year.

24 ‘‘(2) TRAVEL EXPENSES.—
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1 ‘‘(A) IN GENERAL.—The members of the

2 Oversight Board shall be allowed travel expenses,

3 including per diem in lieu of subsistence, at

4 rates authorized for employees of agencies under

5 subchapter I of chapter 57 of title 5, to attend

6 meetings of the Oversight Board and, with the

7 advance approval of the chairperson of the Over8 sight Board, while otherwise away from their

9 homes or regular places of business for purposes

10 of duties as a member of the Oversight Board.

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

12 include in its annual report under subsection

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

14 expenses allowed for members of the Oversight

15 Board under this paragraph.

16 ‘‘(3) STAFF.—

17 ‘‘(A) IN GENERAL.—The chairperson of the

18 Oversight Board may appoint and terminate

19 any personnel that may be necessary to enable

20 the Board to perform its duties.

21 ‘‘(B) DETAIL OF GOVERNMENT EMPLOY22 EES.—Upon request of the chairperson of the

23 Oversight Board, a Federal agency shall detail a

24 United States Government employee to the Over25 sight Board without reimbursement. Such detail
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1 shall be without interruption or loss of civil serv2 ice status or privilege.

3 ‘‘(4) PROCUREMENT OF TEMPORARY AND INTER4 MITTENT SERVICES.—The chairperson of the Over5 sight Board may procure temporary and intermittent

6 services under section 3109(b) of title 5, United States

7 Code.

8 ‘‘(g) ADMINISTRATIVE MATTERS.—

9 ‘‘(1) CHAIR.—

10 ‘‘(A) TERM.—The members of the Oversight

11 Board shall elect for a 2-year term a chairperson

12 from among the members appointed under sub13 section (b)(1)(A).

14 ‘‘(B) POWERS.—Except as otherwise pro15 vided by a majority vote of the Oversight Board,

16 the powers of the chairperson shall include—

17 ‘‘(i) establishing committees;

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

19 ‘‘(iii) establishing meeting agendas;

20 and

21 ‘‘(iv) developing rules for the conduct

22 of business.

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

24 meet at least quarterly and at such other times as the

25 chairperson determines appropriate.
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1 ‘‘(3) REPORTS.—

2 ‘‘(A) ANNUAL.—The Oversight Board shall

3 each year report with respect to the conduct of

4 its responsibilities under this title to the Presi5 dent, the Committee on Transportation and In6 frastructure of the House of Representatives, and

7 the Committee on Commerce, Science, and

8 Transportation of the Senate.

9 ‘‘(B) ADDITIONAL REPORT.—Upon a deter10 mination by the Oversight Board under sub11 section (c)(1) that the organization and oper12 ation of the Federal Aviation Administration’s

13 air traffic control system are not allowing the

14 Federal Aviation Administration to carry out its

15 mission, the Oversight Board shall report such

16 determination to the Committee on Transpor17 tation and Infrastructure of the House of Rep18 resentatives and the Committee on Commerce,

19 Science, and Transportation of the Senate.

20 ‘‘(C) COMPTROLLER GENERAL’S REPORT.—

21 Not later than April 30, 2004, the Comptroller

22 General of the United States shall transmit to

23 the Committee on Transportation and Infra24 structure of the House of Representatives and the

25 Committee on Commerce, Science, and Transpor-
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1 tation of the Senate a report on the success of the

2 Oversight Board in improving the performance

3 of the air traffic control system.’’.

4 (2) CONFORMING AMENDMENT.—The analysis for

5 chapter 1 is amended by adding at the end the fol6 lowing:

‘‘113. Air Traffic Control Oversight Board.’’.

7 (b) EFFECTIVE DATES.—

8 (1) IN GENERAL.—The amendments made by

9 this section shall take effect on the date of the enact10 ment of this Act.

11 (2) INITIAL NOMINATIONS TO AIR TRAFFIC CON12 TROL OVERSIGHT BOARD.—The President shall sub13 mit the initial nominations of the air traffic control

14 oversight board to the Senate not later than 3 months

15 after the date of the enactment of this Act.

16 (3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT

17 OF OVERSIGHT BOARD.—Nothing in this section shall

18 be construed to invalidate the actions and authority

19 of the Federal Aviation Administration prior to the

20 appointment of the members of the Air Traffic Con21 trol Oversight Board.

22 SEC. 303. CHIEF OPERATING OFFICER.

23 Section 106 is amended by adding at the end the fol24 lowing:

25 ‘‘(r) CHIEF OPERATING OFFICER.—
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1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) APPOINTMENT.—There shall be a Chief

3 Operating Officer for the air traffic control sys4 tem to be appointed by the Administrator, with

5 approval of the Air Traffic Control Oversight

6 Board established by section 113. The Chief Op7 erating Officer shall report directly to the Ad8 ministrator and shall be subject to the authority

9 of the Administrator.

10 ‘‘(B) QUALIFICATIONS.—The Chief Oper11 ating Officer shall have a demonstrated ability

12 in management and knowledge of or experience

13 in aviation.

14 ‘‘(C) TERM.—The Chief Operating Officer

15 shall be appointed for a term of 5 years.

16 ‘‘(D) REMOVAL.—The Chief Operating Offi17 cer shall serve at the pleasure of the Adminis18 trator, except that the Administrator shall make

19 every effort to ensure stability and continuity in

20 the leadership of the air traffic control system.

21 ‘‘(E) VACANCY.—Any individual appointed

22 to fill a vacancy in the position of Chief Oper23 ating Officer occurring before the expiration of

24 the term for which the individual’s predecessor
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1 was appointed shall be appointed for the remain2 der of that term.

3 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—The

4 Administrator and the Chief Operating Officer, in

5 consultation with the Air Traffic Control Oversight

6 Board, shall enter into an annual performance agree7 ment that sets forth measurable organization and in8 dividual goals for the Chief Operating Officer in key

9 operational areas. The agreement shall be subject to

10 review and renegotiation on an annual basis.

11 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

12 Chief Operating Officer shall prepare and submit to

13 the Secretary of Transportation and Congress an an14 nual management report containing such information

15 as may be prescribed by the Secretary.’’.

16 SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY

17 COUNCIL.

18 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

19 to read as follows:

20 ‘‘(C) 13 members representing aviation in21 terests, appointed by—

22 ‘‘(i) in the case of initial appointments

23 to the Council, the President by and with

24 the advice and consent of the Senate; and
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1 ‘‘(ii) in the case of subsequent appoint2 ments to the Council, the Secretary of

3 Transportation.’’.

4 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i) is

5 amended by striking ‘‘by the President’’.

6 SEC. 305. ENVIRONMENTAL STREAMLINING.

7 (a) COORDINATED ENVIRONMENTAL REVIEW PROC8 ESS.—

9 (1) DEVELOPMENT AND IMPLEMENTATION.—The

10 Secretary shall develop and implement a coordinated

11 environmental review process for aviation infrastruc12 ture projects that require—

13 (A) the preparation of an environmental

14 impact statement or environmental assessment

15 under the National Environmental Policy Act of

16 1969 (42 U.S.C. 4321 et seq.), except that the

17 Secretary may decide not to apply this section to

18 the preparation of an environmental assessment

19 under such Act; or

20 (B) the conduct of any other environmental

21 review, analysis, opinion, or issuance of an envi22 ronmental permit, license, or approval by oper23 ation of Federal law.

24 (2) MEMORANDUM OF UNDERSTANDING.—
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1 (A) IN GENERAL.—The coordinated environ2 mental review process for each project shall en3 sure that, whenever practicable (as specified in

4 this section), all environmental reviews, anal5 yses, opinions, and any permits, licenses, or ap6 provals that must be issued or made by any Fed7 eral agency for the project concerned shall be

8 conducted concurrently and completed within a

9 cooperatively determined time period. Such proc10 ess for a project or class of project may be incor11 porated into a memorandum of understanding

12 between the Department of Transportation and

13 Federal agencies (and, where appropriate, State

14 agencies).

15 (B) ESTABLISHMENT OF TIME PERIODS.—

16 In establishing the time period referred to in

17 subparagraph (A), and any time periods for re18 view within such period, the Department and all

19 such agencies shall take into account their re20 spective resources and statutory commitments.

21 (b) ELEMENTS OF COORDINATED ENVIRONMENTAL

22 REVIEW PROCESS.—For each project, the coordinated envi23 ronmental review process established under this section

24 shall provide, at a minimum, for the following elements:
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1 (1) FEDERAL AGENCY IDENTIFICATION.—The

2 Secretary shall, at the earliest possible time, identify

3 all potential Federal agencies that—

4 (A) have jurisdiction by law over environ5 mental-related issues that may be affected by the

6 project and the analysis of which would be part

7 of any environmental document required by the

8 National Environmental Policy Act of 1969 (42

9 U.S.C. 4321 et seq.); or

10 (B) may be required by Federal law to

11 independently—

12 (i) conduct an environmental-related

13 review or analysis; or

14 (ii) determine whether to issue a per15 mit, license, or approval or render an opin16 ion on the environmental impact of the

17 project.

18 (2) TIME LIMITATIONS AND CONCURRENT RE19 VIEW.—The Secretary and the head of each Federal

20 agency identified under paragraph (1)—

21 (A)(i) shall jointly develop and establish

22 time periods for review for—

23 (I) all Federal agency comments with

24 respect to any environmental review docu25 ments required by the National Environ-
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1 mental Policy Act of 1969 (42 U.S.C. 4321

2 et seq.) for the project; and

3 (II) all other independent Federal

4 agency environmental analyses, reviews,

5 opinions, and decisions on any permits, li6 censes, and approvals that must be issued or

7 made for the project,

8 whereby each such Federal agency’s review shall

9 be undertaken and completed within such estab10 lished time periods for review; or

11 (ii) may enter into an agreement to estab12 lish such time periods for review with respect to

13 a class of project; and

14 (B) shall ensure, in establishing such time

15 periods for review, that the conduct of any such

16 analysis, review, opinion, and decision is under17 taken concurrently with all other environmental

18 reviews for the project, including the reviews re19 quired by the National Environmental Policy

20 Act of 1969 (42 U.S.C. 4321 et seq.); except that

21 such review may not be concurrent if the affected

22 Federal agency can demonstrate that such con23 current review would result in a significant ad24 verse impact to the environment or substantively

25 alter the operation of Federal law or would not
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1 be possible without information developed as

2 part of the environmental review process.

3 (3) FACTORS TO BE CONSIDERED.—Time periods

4 for review established under this section shall be con5 sistent with the time periods established by the Coun6 cil on Environmental Quality under sections 1501.8

7 and 1506.10 of title 40, Code of Federal Regulations.

8 (4) EXTENSIONS.—The Secretary shall extend

9 any time periods for review under this section if,

10 upon good cause shown, the Secretary and any Fed11 eral agency concerned determine that additional time

12 for analysis and review is needed as a result of new

13 information that has been discovered that could not

14 reasonably have been anticipated when the Federal

15 agency’s time periods for review were established. Any

16 memorandum of understanding shall be modified to

17 incorporate any mutually agreed-upon extensions.

18 (c) DISPUTE RESOLUTION.—When the Secretary deter19 mines that a Federal agency which is subject to a time pe20 riod for its environmental review or analysis under this sec21 tion has failed to complete such review, analysis, opinion,

22 or decision on issuing any permit, license, or approval

23 within the established time period or within any agreed24 upon extension to such time period, the Secretary may,

25 after notice and consultation with such agency, close the
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1 record on the matter before the Secretary. If the Secretary

2 finds, after timely compliance with this section, that an en3 vironmental issue related to the project that an affected Fed4 eral agency has jurisdiction over by operation of Federal

5 law has not been resolved, the Secretary and the head of

6 the Federal agency shall resolve the matter not later than

7 30 days after the date of the finding by the Secretary.

8 (d) PARTICIPATION OF STATE AGENCIES.—For any

9 project eligible for assistance under chapter 471 of title 49,

10 United States Code, a State, by operation of State law, may

11 require that all State agencies that have jurisdiction by

12 State or Federal law over environmental-related issues that

13 may be affected by the project, or that are required to issue

14 any environmental-related reviews, analyses, opinions, or

15 determinations on issuing any permits, licenses, or approv16 als for the project, be subject to the coordinated environ17 mental review process established under this section unless

18 the Secretary determines that a State’s participation would

19 not be in the public interest. For a State to require State

20 agencies to participate in the review process, all affected

21 agencies of the State shall be subject to the review process.

22 (e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—

23 (1) IN GENERAL.—The Secretary may approve a

24 request by a State or other recipient of assistance

25 under chapter 471 of title 49, United States Code, to
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1 provide funds made available from the Airport and

2 Airway Trust Fund to the State or recipient for an

3 aviation project subject to the coordinated environ4 mental review process established under this section to

5 affected Federal agencies to provide the resources nec6 essary to meet any time limits established under this

7 section.

8 (2) AMOUNTS.—Such requests under paragraph

9 (1) shall be approved only—

10 (A) for the additional amounts that the Sec11 retary determines are necessary for the affected

12 Federal agencies to meet the time limits for envi13 ronmental review; and

14 (B) if such time limits are less than the cus15 tomary time necessary for such review.

16 (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

17 (1) JUDICIAL REVIEW.—Nothing in this section

18 shall affect the reviewability of any final Federal

19 agency action in a court of the United States or in

20 the court of any State.

21 (2) SAVINGS CLAUSE.—Nothing in this section

22 shall affect the applicability of the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or

24 any other Federal environmental statute or affect the
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1 responsibility of any Federal officer to comply with

2 or enforce any such statute.

3 (g) FEDERAL AGENCY DEFINED.—In this section, the

4 term ‘‘Federal agency’’ means any Federal agency or any

5 State agency carrying out affected responsibilities required

6 by operation of Federal law.

7 SEC. 306. CLARIFICATION OF REGULATORY APPROVAL

8 PROCESS.

9 Section 106(f)(3)(B)(i) is amended—

10 (1) by striking ‘‘$100,000,000’’ each place it ap11 pears and inserting ‘‘$250,000,000’’;

12 (2) by striking ‘‘Air Traffic Management System

13 Performance Improvement Act of 1996’’ and inserting

14 ‘‘Aviation Investment and Reform Act for the 21st

15 Century’’;

16 (3) in subclause (I)—

17 (A) by inserting ‘‘substantial and’’ before

18 ‘‘material’’; and

19 (B) by inserting ‘‘or’’ after the semicolon at

20 the end; and

21 (4) by striking subclauses (II), (III), and (IV)

22 and inserting the following:

23 ‘‘(II) raise novel or significant legal or

24 policy issues arising out of legal mandates
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1 that may substantially and materially af2 fect other transportation modes.’’.

3 SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO4 CATIONS.

5 (a) INDEPENDENT ASSESSMENT.—

6 (1) IN GENERAL.—The Inspector General of the

7 Department of Transportation shall conduct the as8 sessments described in this section. To conduct the as9 sessments, the Inspector General may use the staff

10 and resources of the Inspector General or contract

11 with one or more independent entities.

12 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

13 OF FAA COST DATA AND ATTRIBUTIONS.—

14 (A) IN GENERAL.—The Inspector General

15 shall conduct an assessment to ensure that the

16 method for calculating the overall costs of the

17 Federal Aviation Administration and attrib18 uting such costs to specific users is appropriate,

19 reasonable, and understandable to the users.

20 (B) COMPONENTS.—In conducting the as21 sessment under this paragraph, the Inspector

22 General shall assess the following:

23 (i) The Federal Aviation Administra24 tion’s cost input data, including the reli25 ability of the Federal Aviation Administra-
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1 tion’s source documents and the integrity

2 and reliability of the Federal Aviation Ad3 ministration’s data collection process.

4 (ii) The Federal Aviation Administra5 tion’s system for tracking assets.

6 (iii) The Federal Aviation Administra7 tion’s bases for establishing asset values and

8 depreciation rates.

9 (iv) The Federal Aviation Administra10 tion’s system of internal controls for ensur11 ing the consistency and reliability of re12 ported data.

13 (v) The Federal Aviation Administra14 tion’s definition of the services to which the

15 Federal Aviation Administration ultimately

16 attributes its costs.

17 (vi) The cost pools used by the Federal

18 Aviation Administration and the rationale

19 for and reliability of the bases which the

20 Federal Aviation Administration proposes

21 to use in allocating costs of services to users.

22 (C) REQUIREMENTS FOR ASSESSMENT OF

23 COST POOLS.—In carrying out subparagraph

24 (B)(vi), the Inspector General shall—
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1 (i) review costs that cannot reliably be

2 attributed to specific Federal Aviation Ad3 ministration services or activities (called

4 ‘‘common and fixed costs’’ in the Federal

5 Aviation Administration Cost Allocation

6 Study) and consider alternative methods for

7 allocating such costs; and

8 (ii) perform appropriate tests to assess

9 relationships between costs in the various

10 cost pools and activities and services to

11 which the costs are attributed by the Fed12 eral Aviation Administration.

13 (3) COST EFFECTIVENESS.—

14 (A) IN GENERAL.—The Inspector General

15 shall assess the progress of the Federal Aviation

16 Administration in cost and performance man17 agement, including use of internal and external

18 benchmarking in improving the performance and

19 productivity of the Federal Aviation Administra20 tion.

21 (B) ANNUAL REPORTS.—Not later than De22 cember 31, 2000, and annually thereafter until

23 December 31, 2004, the Inspector General shall

24 transmit to Congress an updated report con-
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1 taining the results of the assessment conducted

2 under this paragraph.

3 (C) INFORMATION TO BE INCLUDED IN FAA

4 FINANCIAL REPORT.—The Administrator shall

5 include in the annual financial report of the

6 Federal Aviation Administration information on

7 the performance of the Administration sufficient

8 to permit users and others to make an informed

9 evaluation of the progress of the Administration

10 in increasing productivity.

11 (b) FUNDING.—Of the amounts appropriated pursuant

12 to section 106(k) of title 49, United States Code, for fiscal

13 year 2000, not to exceed $1,500,000 may be used to carry

14 out this section.

15 SEC. 308. FAILURE TO MEET RULEMAKING DEADLINE.

16 Section 106(f)(3)(A) is amended by adding at the end

17 the following: ‘‘If the Administrator does not meet a dead18 line specified in this subparagraph, the Administrator shall

19 transmit to Congress notification of the missed deadline, in20 cluding an explanation for missing the deadline and a pro21 jected date on which the action that was subject to the dead22 line will be taken.’’.

23 SEC. 309. FEDERAL PROCUREMENT INTEGRITY ACT.

24 Section 348(b)(2) of the Department of Transportation

25 and Related Agencies Appropriations Act, 1996 (49 U.S.C.
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1 40110 note; 109 Stat. 460) is amended by striking the pe2 riod and inserting the following: ‘‘, other than section 27

3 of the Office of Federal Procurement Policy Act (41 U.S.C.

4 423); except that subsections (f) and (g) of such section 27

5 shall not apply to the Federal Aviation Administration’s

6 acquisition management system. Within 90 days following

7 the date of the enactment of the Aviation Investment and

8 Reform Act for the 21st Century, the Administrator of the

9 Federal Aviation Administration shall adopt definitions for

10 the acquisition management system that are consistent with

11 the purpose and intent of this section and that will allow

12 the application of the criminal, civil and administrative

13 remedies provided. The Administrator shall have the au14 thority to take an adverse personnel action provided in sub15 section (e)(3)(A)(iv) of such section 27, but shall take any

16 such actions in accordance with the procedures contained

17 in the Federal Aviation Administration’s personnel man18 agement system.’’.

19 TITLE IV—FAMILY ASSISTANCE

20 SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR21 TATION SAFETY BOARD.

22 (a) PROHIBITION ON UNSOLICITED COMMUNICA23 TIONS.—

24 (1) IN GENERAL.—Section 1136(g)(2) is

25 amended—
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1 (A) by striking ‘‘transportation,’’ and in2 serting ‘‘transportation and in the event of an

3 accident involving a foreign air carrier that oc4 curs within the United States,’’;

5 (B) by inserting after ‘‘attorney’’ the fol6 lowing: ‘‘(including any associate, agent, em7 ployee, or other representative of an attorney)’’;

8 and

9 (C) by striking ‘‘30th day’’ and inserting

10 ‘‘45th day’’.

11 (2) ENFORCEMENT.—Section 1151 is amended

12 by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each

13 place it appears.

14 (b) PROHIBITION ON ACTIONS TO PREVENT MENTAL

15 HEALTH AND COUNSELING SERVICES.—Section 1136(g) is

16 amended by adding at the end the following:

17 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

18 MENTAL HEALTH AND COUNSELING SERVICES.—No

19 State or political subdivision may prevent the em20 ployees, agents, or volunteers of an organization des21 ignated for an accident under subsection (a)(2) from

22 providing mental health and counseling services

23 under subsection (c)(1) in the 30-day period begin24 ning on the date of the accident. The director of fam25 ily support services designated for the accident under
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1 subsection (a)(1) may extend such period for not to

2 exceed an additional 30 days if the director deter3 mines that the extension is necessary to meet the

4 needs of the families and if State and local authori5 ties are notified of the determination.’’.

6 (c) INCLUSION OF NONREVENUE PASSENGERS IN FAM7 ILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is amend8 ed to read as follows:

9 ‘‘(2) PASSENGER.—The term ‘passenger’

10 includes—

11 ‘‘(A) an employee of an air carrier or for12 eign air carrier aboard an aircraft; and

13 ‘‘(B) any other person aboard the aircraft

14 without regard to whether the person paid for the

15 transportation, occupied a seat, or held a res16 ervation for the flight.’’.

17 (d) LIMITATION ON STATUTORY CONSTRUCTION.—Sec18 tion 1136 is amended by adding at the end the following:

19 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

20 Nothing in this section may be construed as limiting the

21 actions that an air carrier may take, or the obligations that

22 an air carrier may have, in providing assistance to the

23 families of passengers involved in an aircraft accident.’’.

24 SEC. 402. AIR CARRIER PLANS.

25 (a) CONTENTS OF PLANS.—
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1 (1) FLIGHT RESERVATION INFORMATION.—Sec2 tion 41113(b) is amended by adding at the end the

3 following:

4 ‘‘(14) An assurance that, upon request of the

5 family of a passenger, the air carrier will inform the

6 family of whether the passenger’s name appeared on

7 a preliminary passenger manifest for the flight in8 volved in the accident.’’.

9 (2) TRAINING OF EMPLOYEES AND AGENTS.—

10 Section 41113(b) is further amended by adding at the

11 end the following:

12 ‘‘(15) An assurance that the air carrier will pro13 vide adequate training to the employees and agents of

14 the carrier to meet the needs of survivors and family

15 members following an accident.’’.

16 (3) CONSULTATION ON CARRIER RESPONSE NOT

17 COVERED BY PLAN.—Section 41113(b) is further

18 amended by adding at the end the following:

19 ‘‘(16) An assurance that the air carrier, in the

20 event that the air carrier volunteers assistance to

21 United States citizens within the United States in the

22 case of an aircraft accident outside the United States

23 involving major loss of life, the air carrier will con24 sult with the Board and the Department of State on

25 the provision of the assistance.’’.
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1 (4) SUBMISSION OF UPDATED PLANS.—The

2 amendments made by paragraphs (1), (2), and (3)

3 shall take effect on the 180th day following the date

4 of the enactment of this Act. On or before such 180th

5 day, each air carrier holding a certificate of public

6 convenience and necessity under section 41102 of title

7 49, United States Code, shall submit to the Secretary

8 of Transportation and the Chairman of the National

9 Transportation Safety Board an updated plan under

10 section 41113 of such title that meets the requirement

11 of the amendments made by paragraphs (1), (2), and

12 (3).

13 (5) CONFORMING AMENDMENTS.—Section 41113

14 is amended—

15 (A) in subsection (a) by striking ‘‘Not later

16 than 6 months after the date of the enactment of

17 this section, each air carrier’’ and inserting

18 ‘‘Each air carrier’’; and

19 (B) in subsection (c) by striking ‘‘After the

20 date that is 6 months after the date of the enact21 ment of this section, the Secretary’’ and insert22 ing ‘‘The Secretary’’.

23 (b) LIMITATION ON LIABILITY.—Section 41113(d) is

24 amended by inserting ‘‘, or in providing information con25 cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.
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1 (c) LIMITATION ON STATUTORY CONSTRUCTION.—Sec2 tion 41113 is amended by adding at the end the following:

3 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—

4 Nothing in this section may be construed as limiting the

5 actions that an air carrier may take, or the obligations that

6 an air carrier may have, in providing assistance to the

7 families of passengers involved in an aircraft accident.’’.

8 SEC. 403. FOREIGN AIR CARRIER PLANS.

9 (a) INCLUSION OF NONREVENUE PASSENGERS IN FAM10 ILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is

11 amended to read as follows:

12 ‘‘(2) PASSENGER.—The term ‘passenger’ has the

13 meaning given such term by section 1136 of this

14 title.’’.

15 (b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—

16 Section 41313(b) is amended by striking ‘‘significant’’ and

17 inserting ‘‘major’’.

18 (c) CONTENTS OF PLANS.—

19 (1) IN GENERAL.—Section 41313(c) is amended

20 by adding at the end the following:

21 ‘‘(15) TRAINING OF EMPLOYEES AND AGENTS.—

22 An assurance that the foreign air carrier will provide

23 adequate training to the employees and agents of the

24 carrier to meet the needs of survivors and family

25 members following an accident.
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1 ‘‘(16) CONSULTATION ON CARRIER RESPONSE

2 NOT COVERED BY PLAN.—An assurance that the for3 eign air carrier, in the event that the foreign air car4 rier volunteers assistance to United States citizens

5 within the United States in the case of an aircraft ac6 cident outside the United States involving major loss

7 of life, the foreign air carrier will consult with the

8 Board and the Department of State on the provision

9 of the assistance.’’.

10 (2) SUBMISSION OF UPDATED PLANS.—The

11 amendment made by paragraph (1) shall take effect

12 on the 180th day following the date of the enactment

13 of this Act. On or before such 180th day, each foreign

14 air carrier providing foreign air transportation

15 under chapter 413 of title 49, United States Code,

16 shall submit to the Secretary of Transportation and

17 the Chairman of the National Transportation Safety

18 Board an updated plan under section 41313 of such

19 title that meets the requirement of the amendment

20 made by paragraph (1).

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

22 ACT.

23 (a) IN GENERAL.—Section 40120(a) is amended by in24 serting ‘‘(including the Act entitled ‘An Act relating to the

25 maintenance of actions for death on the high seas and other
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1 navigable waters’, approved March 30, 1920, commonly

2 known as the Death on the High Seas Act (46 U.S.C. App.

3 761–767; 41 Stat. 537–538))’’ after ‘‘United States’’.

4 (b) APPLICABILITY.—The amendment made by sub5 section (a) applies to civil actions commenced after the date

6 of the enactment of this Act and to civil actions that are

7 not adjudicated by a court of original jurisdiction or settled

8 on or before such date of the enactment.

9 TITLE V—SAFETY

10 SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD11 LINES.

12 (a) IN GENERAL.—The Administrator shall require by

13 regulation that, no later than December 31, 2002, equip14 ment be installed, on each cargo aircraft with a maximum

15 certificated takeoff weight in excess of 15,000 kilograms,

16 that provides protection from mid-air collisions using tech17 nology that provides—

18 (1) cockpit based collision detection and conflict

19 resolution guidance, including display of traffic; and

20 (2) a margin of safety of at least the same level

21 as provided by the collision avoidance system known

22 as TCAS–II.

23 (b) EXTENSION OF DEADLINE.—The Administrator

24 may extend the deadline established by subsection (a) by
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1 not more than 2 years if the Administrator finds that the

2 extension is needed to promote—

3 (1) a safe and orderly transition to the operation

4 of a fleet of cargo aircraft equipped with collision

5 avoidance equipment; or

6 (2) other safety or public interest objectives.

7 SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI8 CANTS.

9 Section 44936(f) is amended—

10 (1) in paragraph (1)(B) by inserting ‘‘(except a

11 branch of the United States Armed Forces, the Na12 tional Guard, or a reserve component of the United

13 States Armed Forces)’’ after ‘‘person’’ the first place

14 it appears;

15 (2) in paragraph (1)(B)(ii) by striking ‘‘indi16 vidual’’ the first place it appears and inserting ‘‘indi17 vidual’s performance as a pilot’’;

18 (3) in paragraph (14)(B) by inserting ‘‘or from

19 a foreign government or entity that employed the in20 dividual’’ after ‘‘exists’’; and

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

22 ‘‘(15) ELECTRONIC ACCESS TO FAA RECORDS.—

23 For the purpose of increasing timely and efficient ac24 cess to Federal Aviation Administration records de25 scribed in paragraph (1), the Administrator may
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1 allow, under terms established by the Administrator,

2 a designated individual to have electronic access to a

3 specified database containing information about such

4 records.’’.

5 SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOY6 EES.

7 Section 347(b)(1) of the Department of Transportation

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

9 106 note; 109 Stat. 460) is amended by inserting before the

10 semicolon at the end the following: ‘‘, including the provi11 sions for investigation and enforcement as provided in

12 chapter 12 of title 5, United States Code’’.

13 SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

14 Section 44701 is further amended by adding at the end

15 the following:

16 ‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE17 LINES.—The Administrator shall issue guidelines and en18 courage the development of air safety risk mitigation pro19 grams throughout the aviation industry, including self-au20 dits and self-disclosure programs.’’.

21 SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE

22 RULES.

23 Not later than 30 days after the date of the enactment

24 of this Act, the Administrator shall issue a notice of pro25 posed rulemaking to develop procedures to protect air car-
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1 riers and their employees from civil enforcement actions

2 under the program known as Flight Operations Quality As3 surance. Not later than 1 year after the last day of the pe4 riod for public comment provided for in the notice of pro5 posed rulemaking, the Administrator shall issue a final rule

6 establishing such procedures.

7 SEC. 506. SMALL AIRPORT CERTIFICATION.

8 Not later than 60 days after the date of the enactment

9 of this Act, the Administrator shall issue a notice of pro10 posed rulemaking on implementing section 44706(a)(2) of

11 title 49, United States Code, relating to issuance of airport

12 operating certificates for small scheduled passenger air car13 rier operations. Not later than 1 year after the last day

14 of the period for public comment provided for in the notice

15 of proposed rulemaking, the Administrator shall issue a

16 final rule on implementing such program.

17 SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

18 (a) IN GENERAL.—Chapter 447 is amended by adding

19 at the end the following:

20 ‘‘§ 44725. Life-limited aircraft parts

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

22 Aviation Administration shall conduct a rulemaking pro23 ceeding to require the safe disposition of life-limited parts

24 removed from an aircraft. The rulemaking proceeding shall

25 ensure that the disposition deter installation on an aircraft
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1 of a life-limited part that has reached or exceeded its life

2 limits.

3 ‘‘(b) SAFE DISPOSITION.—For the purposes of this sec4 tion, safe disposition includes any of the following methods:

5 ‘‘(1) The part may be segregated under cir6 cumstances that preclude its installation on an air7 craft.

8 ‘‘(2) The part may be permanently marked to

9 indicate its used life status.

10 ‘‘(3) The part may be destroyed in any manner

11 calculated to prevent reinstallation in an aircraft.

12 ‘‘(4) The part may be marked, if practicable, to

13 include the recordation of hours, cycles, or other air14 worthiness information. If the parts are marked with

15 cycles or hours of usage, that information must be up16 dated every time the part is removed from service or

17 when the part is retired from service.

18 ‘‘(5) Any other method approved by the Adminis19 trator.

20 ‘‘(c) DEADLINES.—In conducting the rulemaking pro21 ceeding under subsection (a), the Administrator shall—

22 ‘‘(1) not later than 180 days after the date of the

23 enactment of this section, issue a notice of proposed

24 rulemaking; and
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1 ‘‘(2) not later than 180 days after the close of the

2 comment period on the proposed rule, issue a final

3 rule.

4 ‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No rule

5 issued under subsection (a) shall require the marking of

6 parts removed before the effective date of the rules issued

7 under subsection (a), nor shall any such rule forbid the in8 stallation of an otherwise airworthy life-limited part.’’.

9 (b) CIVIL PENALTY.—Section 46301(a)(3) is

10 amended—

11 (1) in subparagraph (A) by striking ‘‘or’’ at the

12 end;

13 (2) in subparagraph (B) by striking the period

14 at the end and inserting a semicolon; and

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

16 ‘‘(C) a violation of section 44725, relating to the

17 safe disposal of life-limited aircraft parts;’’.

18 (c) CONFORMING AMENDMENT.—The analysis for

19 chapter 447 is further amended by adding at the end the

20 following:

‘‘44725. Life-limited aircraft parts.’’.

21 SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

22 (a) IN GENERAL.—Chapter 463 is amended—

23 (1) by redesignating section 46316 as section

24 46317; and
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1 (2) by inserting after section 46315 the fol2 lowing:

3 ‘‘§ 46316. Interference with cabin or flight crew

4 ‘‘(a) CIVIL PENALTY.—An individual who interferes

5 with the duties or responsibilities of the flight crew or cabin

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

7 to the safety of the aircraft or other individuals on the air8 craft, is liable to the United States Government for a civil

9 penalty of not more than $25,000.

10 ‘‘(b) BAN ON FLYING.—If the Secretary finds that an

11 individual has interfered with the duties or responsibilities

12 of the flight crew or cabin crew of a civil aircraft in a way

13 that poses an imminent threat to the safety of the aircraft

14 or individuals aboard the aircraft, the individual may be

15 banned by the Secretary for a period of 1 year from flying

16 on any aircraft operated by an air carrier.

17 ‘‘(c) REGULATIONS.—The Secretary shall issue regula18 tions to carry out subsection (b), including establishing pro19 cedures for imposing bans on flying, implementing such

20 bans, and providing notification to air carriers of the impo21 sition of such bans.’’.

22 (b) COMPROMISE AND SETOFF.—Section

23 46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ before

24 ‘‘or 47107(b)’’.
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1 (c) CONFORMING AMENDMENT.—The analysis for

2 chapter 463 is amended by striking the item relating to sec3 tion 46316 and inserting after the item relating to section

4 46315 the following:

‘‘46316. Interference with cabin or flight crew.

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

5 SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT

6 SYSTEM.

7 Not later than March 1, 2000, and annually thereafter

8 for the next 5 years, the Administrator shall transmit to

9 the Committee on Transportation and Infrastructure of the

10 House of Representatives and the Committee on Commerce,

11 Science, and Transportation of the Senate a report on the

12 progress of the Federal Aviation Administration in imple13 menting the air transportation oversight system. At a min14 imum, the report shall indicate—

15 (1) any funding or staffing constraints that

16 would adversely impact the Administration’s ability

17 to fully develop and implement such system;

18 (2) progress in integrating the aviation safety

19 data derived from such system’s inspections with ex20 isting aviation data of the Administration in the

21 safety performance analysis system of the Adminis22 tration; and

23 (3) the Administration’s efforts in collaboration

24 with the aviation industry to develop and validate
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1 safety performance measures and appropriate risk

2 weightings for the air transportation oversight sys3 tem.

4 SEC. 510. AIRPLANE EMERGENCY LOCATORS.

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

6 read as follows:

7 ‘‘(b) NONAPPLICATION.—Subsection (a) does not apply

8 to—

9 ‘‘(1) aircraft when used in scheduled flights by

10 scheduled air carriers holding certificates issued by

11 the Secretary of Transportation under subpart II of

12 this part;

13 ‘‘(2) aircraft when used in training operations

14 conducted entirely within a 50-mile radius of the air15 port from which the training operations begin;

16 ‘‘(3) aircraft when used in flight operations re17 lated to the design and testing, manufacture, prepara18 tion, and delivery of aircraft;

19 ‘‘(4) aircraft when used in research and develop20 ment if the aircraft holds a certificate from the Ad21 ministrator of the Federal Aviation Administration to

22 carry out such research and development;

23 ‘‘(5) aircraft when used in showing compliance

24 with regulations crew training, exhibition, air racing,

25 or market surveys;
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1 ‘‘(6) aircraft when used in the aerial application

2 of a substance for an agricultural purpose;

3 ‘‘(7) aircraft with a maximum payload capacity

4 of more than 7,500 pounds when used in air trans5 portation; or

6 ‘‘(8) aircraft capable of carrying only one indi7 vidual.’’.

8 (b) COMPLIANCE.—Section 44712 is amended by redes9 ignating subsection (c) as subsection (d) and by inserting

10 after subsection (b) the following:

11 ‘‘(c) COMPLIANCE.—An aircraft meets the requirement

12 of subsection (a) if it is equipped with an emergency locator

13 transmitter that transmits on the 121.5/243 megahertz fre14 quency or the 406 megahertz frequency, or with other equip15 ment approved by the Secretary for meeting the requirement

16 of subsection (a).’’.

17 (c) EFFECTIVE DATE; REGULATIONS.—

18 (1) REGULATIONS.—The Secretary of Transpor19 tation shall issue regulations under section 44712(b)

20 of title 49, United States Code, as amended by this

21 section not later than January 1, 2002.

22 (2) EFFECTIVE DATE.—The amendments made

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

24 SEC. 511. LANDFILLS INTERFERING WITH AIR COMMERCE.

25 (a) FINDINGS.—Congress finds that—
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1 (1) collisions between aircraft and birds have re2 sulted in fatal accidents;

3 (2) bird strikes pose a special danger to smaller

4 aircraft;

5 (3) landfills near airports pose a potential haz6 ard to aircraft operating there because they attract

7 birds;

8 (4) even if the landfill is not located in the ap9 proach path of the airport’s runway, it still poses a

10 hazard because of the birds’ ability to fly away from

11 the landfill and into the path of oncoming planes;

12 (5) while certain mileage limits have the poten13 tial to be arbitrary, keeping landfills at least 6 miles

14 away from an airport, especially an airport served by

15 small planes, is an appropriate minimum require16 ment for aviation safety; and

17 (6) closure of existing landfills (due to concerns

18 about aviation safety) should be avoided because of

19 the likely disruption to those who use and depend on

20 such landfills.

21 (b) LIMITATION ON CONSTRUCTION.—Section 44718(d)

22 is amended to read as follows:

23 ‘‘(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—

24 ‘‘(1) IN GENERAL.—No person shall construct or

25 establish a landfill within 6 miles of an airport pri-
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1 marily served by general aviation aircraft or aircraft

2 designed for 60 passengers or less unless the State

3 aviation agency of the State in which the airport is

4 located requests that the Administrator of the Federal

5 Aviation Administration exempt the landfill from this

6 prohibition and the Administrator, in response to

7 such a request, determines that the landfill would not

8 have an adverse impact on aviation safety.

9 ‘‘(2) LIMITATION ON APPLICABILITY.—Paragraph

10 (1) shall not apply to construction or establishment of

11 a landfill if a permit relating to construction or es12 tablishment of such landfill was issued on or before

13 June 1, 1999.’’.

14 (c) CIVIL PENALTY FOR VIOLATIONS OF LIMITATION

15 ON CONSTRUCTION OF LANDFILLS.—Section 46301(a)(3) is

16 further amended by adding at the end the following:

17 ‘‘(D) a violation of section 41718(d), relating to

18 limitation on construction of landfills; or’’.

19 SEC. 512. AMENDMENT OF STATUTE PROHIBITING THE

20 BRINGING OF HAZARDOUS SUBSTANCES

21 ABOARD AN AIRCRAFT.

22 Section 46312 is amended—

23 (1) by striking ‘‘A person’’ and inserting ‘‘(a)

24 GENERAL.—A person’’; and

25 (2) by adding at the end the following:
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1 ‘‘(b) KNOWLEDGE OF REGULATIONS.—For purposes of

2 subsection (a), knowledge by the person of the existence of

3 a regulation or requirement related to the transportation

4 of hazardous material prescribed by the Secretary under

5 this part is not an element of an offense under this section

6 but shall be considered in mitigation of the penalty.’’.

7 SEC. 513. AIRPORT SAFETY NEEDS.

8 The Administrator shall initiate a rulemaking pro9 ceeding to consider revisions of part 139 of title 14, Code

10 of Federal Regulations, to meet current and future airport

11 safety needs—

12 (1) focusing, but not limited to, on the mission

13 of rescue personnel, rescue operations response time,

14 and extinguishing equipment; and

15 (2) taking into account the need for different re16 quirements for airports depending on their size.

17 SEC. 514. LIMITATION ON ENTRY INTO MAINTENANCE IM18 PLEMENTATION PROCEDURES.

19 The Administrator may not enter into any mainte20 nance implementation procedure through a bilateral avia21 tion safety agreement unless the Administrator determines

22 that the participating nations are inspecting repair sta23 tions so as to ensure their compliance with the standards

24 of the Federal Aviation Administration.
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1 SEC. 515. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

2 (a) STUDY.—The Administrator shall conduct a study

3 to determine the number of persons working at airports who

4 are injured or killed as a result of being struck by a moving

5 vehicle while on an airport tarmac, the seriousness of the

6 injuries to such persons, and whether or not reflective safety

7 vests or other actions should be required to enhance the safe8 ty of such workers.

9 (b) REPORT.—Not later than 1 year after the date of

10 the enactment of this Act, the Administrator shall transmit

11 to Congress a report on the results of the study conducted

12 under this section.

13 SEC. 516. AIRPORT DISPATCHERS.

14 (a) STUDY.—The Administrator shall conduct a study

15 of the role of airport dispatchers in enhancing aviation safe16 ty. The study shall include an assessment of whether or not

17 aircraft dispatchers should be required for those operations

18 not presently requiring aircraft dispatcher assistance, oper19 ational control issues related to the aircraft dispatching

20 function, and whether or not designation of positions with21 in the Federal Aviation Administration for oversight of dis22 patchers would enhance aviation safety.

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

24 the enactment of this Act, the Administrator shall transmit

25 to Congress a report on the results of the study conducted

26 under this section.
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1 SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWER2 PLANT MECHANICS.

3 The Administrator shall form a partnership with in4 dustry to develop a model program to improve the cur5 riculum, teaching methods, and quality of instructors for

6 training individuals that need certification as airframe

7 and powerplant mechanics.

8 TITLE VI—WHISTLEBLOWER

9 PROTECTION

10 SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR

11 SAFETY INFORMATION.

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

13 adding at the end the following:

14 ‘‘SUBCHAPTER III—WHISTLEBLOWER

15 PROTECTION PROGRAM

16 ‘‘§ 42121. Protection of employees providing air safety

17 information

18 ‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY19 EES.—No air carrier or contractor or subcontractor of an

20 air carrier may discharge an employee or otherwise dis21 criminate against an employee with respect to compensa22 tion, terms, conditions, or privileges of employment because

23 the employee (or any person acting pursuant to a request

24 of the employee)—

25 ‘‘(1) provided, caused to be provided, or is about

26 to provide (with any knowledge of the employer) or
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1 cause to be provided to the employer or Federal Gov2 ernment information relating to any violation or al3 leged violation of any order, regulation, or standard

4 of the Federal Aviation Administration or any other

5 provision of Federal law relating to air carrier safety

6 under this subtitle or any other law of the United

7 States;

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

9 file (with any knowledge of the employer) or cause to

10 be filed a proceeding relating to any violation or al11 leged violation of any order, regulation, or standard

12 of the Federal Aviation Administration or any other

13 provision of Federal law relating to air carrier safety

14 under this subtitle or any other law of the United

15 States;

16 ‘‘(3) testified or is about to testify in such a pro17 ceeding; or

18 ‘‘(4) assisted or participated or is about to assist

19 or participate in such a proceeding.

20 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE21 DURE.—

22 ‘‘(1) FILING AND NOTIFICATION.—A person who

23 believes that he or she has been discharged or other24 wise discriminated against by any person in viola25 tion of subsection (a) may, not later than 90 days
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1 after the date on which such violation occurs, file (or

2 have any person file on his or her behalf) a complaint

3 with the Secretary of Labor alleging such discharge or

4 discrimination. Upon receipt of such a complaint, the

5 Secretary of Labor shall notify, in writing, the person

6 named in the complaint and the Administrator of the

7 Federal Aviation Administration of the filing of the

8 complaint, of the allegations contained in the com9 plaint, of the substance of evidence supporting the

10 complaint, and of the opportunities that will be af11 forded to such person under paragraph (2).

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

13 ‘‘(A) IN GENERAL.—Not later than 60 days

14 after the date of receipt of a complaint filed

15 under paragraph (1) and after affording the per16 son named in the complaint an opportunity to

17 submit to the Secretary of Labor a written re18 sponse to the complaint and an opportunity to

19 meet with a representative of the Secretary to

20 present statements from witnesses, the Secretary

21 of Labor shall conduct an investigation and de22 termine whether there is reasonable cause to be23 lieve that the complaint has merit and notify, in

24 writing, the complainant and the person alleged

25 to have committed a violation of subsection (a)
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1 of the Secretary’s findings. If the Secretary of

2 Labor concludes that there is a reasonable cause

3 to believe that a violation of subsection (a) has

4 occurred, the Secretary shall accompany the Sec5 retary’s findings with a preliminary order pro6 viding the relief prescribed by paragraph (3)(B).

7 Not later than 30 days after the date of notifica8 tion of findings under this paragraph, either the

9 person alleged to have committed the violation or

10 the complainant may file objections to the find11 ings or preliminary order, or both, and request

12 a hearing on the record. The filing of such objec13 tions shall not operate to stay any reinstatement

14 remedy contained in the preliminary order. Such

15 hearings shall be conducted expeditiously. If a

16 hearing is not requested in such 30-day period,

17 the preliminary order shall be deemed a final

18 order that is not subject to judicial review.

19 ‘‘(B) REQUIREMENTS.—

20 ‘‘(i) REQUIRED SHOWING BY COM21 PLAINANT.—The Secretary of Labor shall

22 dismiss a complaint filed under this sub23 section and shall not conduct an investiga24 tion otherwise required under subparagraph

25 (A) unless the complainant makes a prima
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1 facie showing that any behavior described

2 in paragraphs (1) through (4) of subsection

3 (a) was a contributing factor in the unfa4 vorable personnel action alleged in the com5 plaint.

6 ‘‘(ii) SHOWING BY EMPLOYER.—Not7 withstanding a finding by the Secretary

8 that the complainant has made the showing

9 required under clause (i), no investigation

10 otherwise required under subparagraph (A)

11 shall be conducted if the employer dem12 onstrates, by clear and convincing evidence,

13 that the employer would have taken the

14 same unfavorable personnel action in the

15 absence of that behavior.

16 ‘‘(iii) CRITERIA FOR DETERMINATION

17 BY SECRETARY.—The Secretary may deter18 mine that a violation of subsection (a) has

19 occurred only if the complainant dem20 onstrates that any behavior described in

21 paragraphs (1) through (4) of subsection (a)

22 was a contributing factor in the unfavorable

23 personnel action alleged in the complaint.

24 ‘‘(iv) PROHIBITION.—Relief may not

25 be ordered under subparagraph (A) if the
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1 employer demonstrates by clear and con2 vincing evidence that the employer would

3 have taken the same unfavorable personnel

4 action in the absence of that behavior.

5 ‘‘(3) FINAL ORDER.—

6 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE7 MENT AGREEMENTS.—Not later than 120 days

8 after the date of conclusion of a hearing under

9 paragraph (2), the Secretary of Labor shall issue

10 a final order providing the relief prescribed by

11 this paragraph or denying the complaint. At any

12 time before issuance of a final order, a pro13 ceeding under this subsection may be terminated

14 on the basis of a settlement agreement entered

15 into by the Secretary of Labor, the complainant,

16 and the person alleged to have committed the

17 violation.

18 ‘‘(B) REMEDY.—If, in response to a com19 plaint filed under paragraph (1), the Secretary

20 of Labor determines that a violation of sub21 section (a) has occurred, the Secretary of Labor

22 shall order the person who committed such viola23 tion to—

24 ‘‘(i) take affirmative action to abate

25 the violation;
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1 ‘‘(ii) reinstate the complainant to his

2 or her former position together with the

3 compensation (including back pay) and re4 store the terms, conditions, and privileges

5 associated with his or her employment; and

6 ‘‘(iii) provide compensatory damages

7 to the complainant.

8 If such an order is issued under this paragraph,

9 the Secretary of Labor, at the request of the com10 plainant, shall assess against the person against

11 whom the order is issued a sum equal to the ag12 gregate amount of all costs and expenses (includ13 ing attorneys’ and expert witness fees) reason14 ably incurred, as determined by the Secretary of

15 Labor, by the complainant for, or in connection

16 with, the bringing the complaint upon which the

17 order was issued.

18 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec19 retary of Labor finds that a complaint under

20 paragraph (1) is frivolous or has been brought in

21 bad faith, the Secretary of Labor may award to

22 the prevailing employer a reasonable attorney’s

23 fee not exceeding $5,000.

24 ‘‘(4) REVIEW.—
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1 ‘‘(A) APPEAL TO COURT OF APPEALS.—Any

2 person adversely affected or aggrieved by an

3 order issued under paragraph (3) may obtain re4 view of the order in the United States Court of

5 Appeals for the circuit in which the violation,

6 with respect to which the order was issued, alleg7 edly occurred or the circuit in which the com8 plainant resided on the date of such violation.

9 The petition for review must be filed not later

10 than 60 days after the date of the issuance of the

11 final order of the Secretary of Labor. Review

12 shall conform to chapter 7 of title 5, United

13 States Code. The commencement of proceedings

14 under this subparagraph shall not, unless or15 dered by the court, operate as a stay of the order.

16 ‘‘(B) LIMITATION ON COLLATERAL AT17 TACK.—An order of the Secretary of Labor with

18 respect to which review could have been obtained

19 under subparagraph (A) shall not be subject to

20 judicial review in any criminal or other civil

21 proceeding.

22 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

23 OF LABOR.—Whenever any person has failed to com24 ply with an order issued under paragraph (3), the

25 Secretary of Labor may file a civil action in the
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1 United States district court for the district in which

2 the violation was found to occur to enforce such order.

3 In actions brought under this paragraph, the district

4 courts shall have jurisdiction to grant all appropriate

5 relief including, but not limited to, injunctive relief

6 and compensatory damages.

7 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

8 ‘‘(A) COMMENCEMENT OF ACTION.—A per9 son on whose behalf an order was issued under

10 paragraph (3) may commence a civil action

11 against the person to whom such order was

12 issued to require compliance with such order.

13 The appropriate United States district court

14 shall have jurisdiction, without regard to the

15 amount in controversy or the citizenship of the

16 parties, to enforce such order.

17 ‘‘(B) ATTORNEY FEES.—The court, in

18 issuing any final order under this paragraph,

19 may award costs of litigation (including reason20 able attorney and expert witness fees) to any

21 party whenever the court determines such award

22 is appropriate.

23 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im24 posed by this section shall be enforceable in a mandamus
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1 proceeding brought under section 1361 of title 28, United

2 States Code.

3 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA4 TIONS.—Subsection (a) shall not apply with respect to an

5 employee of an air carrier, contractor, or subcontractor

6 who, acting without direction from such air carrier, con7 tractor, or subcontractor (or such person’s agent), delib8 erately causes a violation of any requirement relating to

9 air carrier safety under this subtitle or any other law of

10 the United States.

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

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

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

14 (b) CONFORMING AMENDMENT.—The analysis for

15 chapter 421 is amended by adding at the end the following:

‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

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

16 SEC. 602. CIVIL PENALTY.

17 Section 46301(a)(1)(A) is amended by striking ‘‘sub18 chapter II of chapter 421’’ and inserting ‘‘subchapter II or

19 III of chapter 421’’.
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1 TITLE VII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

4 Section 106(g)(1)(A) is amended by striking

5 ‘‘40113(a), (c), and (d),’’ and all that follows through

6 ‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),

7 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (ex8 cept sections 44501(b), 44502(a)(2), 44502(a)(3),

9 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and

10 44515), chapter 447 (except sections 44717, 44718(a),

11 44718(b), 44719, 44720, 44721(b), 44722, and 44723),

12 chapter 449 (except sections 44903(d), 44904, 44905,

13 44907–44911, 44913, 44915, and 44931–44934), chapter

14 451, chapter 453, sections’’.

15 SEC. 702. PUBLIC AIRCRAFT.

16 (a) RESTATEMENT OF DEFINITION OF PUBLIC AIR17 CRAFT WITHOUT SUBSTANTIVE CHANGE.—Section

18 40102(a)(38) (as redesignated by section 301 of this Act)

19 is amended to read as follows:

20 ‘‘(38) ‘public aircraft’ means an aircraft—

21 ‘‘(A) used only for the United States Gov22 ernment, and operated under the conditions spec23 ified by section 40125(b) if owned by the Govern24 ment;
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1 ‘‘(B) owned by the United States Govern2 ment, operated by any person for purposes re3 lated to crew training, equipment development,

4 or demonstration, and operated under the condi5 tions specified by section 40125(b);

6 ‘‘(C) owned and operated by the government

7 of a State, the District of Columbia, a territory

8 or possession of the United States, or a political

9 subdivision of one of these governments, under

10 the conditions specified by section 40125(c); or

11 ‘‘(D) exclusively leased for at least 90 con12 tinuous days by the government of a State, the

13 District of Columbia, a territory or possession of

14 the United States, or a political subdivision of

15 one of these governments, under the conditions

16 specified by section 40125(c).

17 ‘‘(E) owned by the armed forces or char18 tered to provide transportation to the armed

19 forces under the conditions specified by section

20 40125(d).’’.

21 (b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA22 TUS.—

23 (1) IN GENERAL.—Chapter 401 is amended by

24 adding at the end the following:
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1 ‘‘§ 40125. Qualifications for public aircraft status

2 ‘‘(a) DEFINITIONS.—In this section, the following defi3 nitions apply:

4 ‘‘(1) COMMERCIAL PURPOSES.—The term ‘com5 mercial purposes’ means the transportation of persons

6 or property for compensation or hire, but does not in7 clude the operation of an aircraft by the armed forces

8 for reimbursement when that reimbursement is re9 quired by Federal law or by one government on behalf

10 of another government under a cost reimbursement

11 agreement if the government on whose behalf the oper12 ation is conducted certifies to the Administrator of the

13 Federal Aviation Administration that the operation is

14 necessary to respond to a significant and imminent

15 threat to life or property (including natural re16 sources) and that no service by a private operator is

17 reasonably available to meet the threat.

18 ‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘gov19 ernmental function’ means an activity undertaken by

20 a government, such as national defense, intelligence

21 missions, firefighting, search and rescue, law enforce22 ment (including transport of prisoners, detainees, and

23 illegal aliens), aeronautical research, or biological or

24 geological resource management.

25 ‘‘(3) QUALIFIED NON-CREWMEMBER.—The term

26 ‘qualified non-crewmember’ means an individual,
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1 other than a member of the crew, aboard an

2 aircraft—

3 ‘‘(A) operated by the armed forces or an in4 telligence agency of the United States Govern5 ment; or

6 ‘‘(B) whose presence is required to perform,

7 or is associated with the performance of, a gov8 ernmental function.

9 ‘‘(4) ARMED FORCES.—The term ‘armed forces’

10 has the meaning given such term by section 101 of

11 title 10, United States Code.

12 ‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—An

13 aircraft described in subparagraph (A) or (B) of section

14 40102(a)(38), if owned by the Government, qualifies as a

15 public aircraft except when it is used for commercial pur16 poses or to carry an individual other than a crewmember

17 or a qualified non-crewmember.

18 ‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOVERN19 MENTS.—An aircraft described in subparagraph (C) or (D)

20 of section 40102(a)(38) qualifies as a public aircraft except

21 when it is used for commercial purposes or to carry an in22 dividual other than a crewmember or a qualified non-crew23 member.
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1 ‘‘(d) AIRCRAFT OWNED OR OPERATED BY THE ARMED

2 FORCES.—An aircraft described in section 40102(38)(E)

3 qualifies as a public aircraft if—

4 ‘‘(1) the aircraft is operated in accordance with

5 title 10; or

6 ‘‘(2) the aircraft is chartered to provide trans7 portation to the armed forces and the Secretary of De8 fense (or the Secretary of the department in which the

9 Coast Guard is operating) designates the operation of

10 the aircraft as being required in the national inter11 est.’’.

12 (2) CONFORMING AMENDMENT.—The analysis for

13 chapter 401 is amended by adding at the end the fol14 lowing:

‘‘40125. Qualifications for public aircraft status.’’.

15 (c) SAFETY OF PUBLIC AIRCRAFT.—

16 (1) STUDY.—The National Transportation Safe17 ty Board shall conduct a study to compare the safety

18 of public aircraft and civil aircraft. In conducting the

19 study, the Board shall review safety statistics on air20 craft operations since 1993.

21 (2) REPORT.—Not later than 6 months after the

22 date of the enactment of this Act, the National Trans23 portation Safety Board shall transmit to Congress a

24 report containing the results of the study conducted

25 under paragraph (1).
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1 SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PRO2 POSALS.

3 Section 40110 is amended by adding at the end the

4 following:

5 ‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO6 POSALS.—

7 ‘‘(1) GENERAL RULE.—Except as provided in

8 paragraph (2), a proposal in the possession or control

9 of the Administrator may not be made available to

10 any person under section 552 of title 5, United States

11 Code.

12 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

13 apply to any portion of a proposal of an offeror the

14 disclosure of which is authorized by the Administrator

15 pursuant to procedures published in the Federal Reg16 ister. The Administrator shall provide an opportunity

17 for public comment on the procedures for a period of

18 not less than 30 days beginning on the date of such

19 publication in order to receive and consider the views

20 of all interested parties on the procedures. The proce21 dures shall not take effect before the 60th day fol22 lowing the date of such publication.

23 ‘‘(3) PROPOSAL DEFINED.—In this subsection,

24 the term ‘proposal’ means information contained in

25 or originating from any proposal, including a tech26 nical, management, or cost proposal, submitted by an
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1 offeror in response to the requirements of a solicita2 tion for a competitive proposal.’’.

3 SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.

4 Section 40111 is amended—

5 (1) by redesignating subsections (b) through (d)

6 as subsections (c) through (e), respectively; and

7 (2) by inserting after subsection (a) the fol8 lowing:

9 ‘‘(b) TELECOMMUNICATIONS SERVICES.—Notwith10 standing section 1341(a)(1)(B) of title 31, the Adminis11 trator may make a contract of not more than 10 years for

12 telecommunication services that are provided through the

13 use of a satellite if the Administrator finds that the longer

14 contract period would be cost beneficial.’’.

15 SEC. 705. FEDERAL AVIATION ADMINISTRATION PER16 SONNEL MANAGEMENT SYSTEM.

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

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

19 not include any period during which Congress has ad20 journed sine die.’’.

21 (b) RIGHT TO CONTEST ADVERSE PERSONNEL AC22 TIONS.—Section 40122 is amended by adding at the end

23 the following:

24 ‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC25 TIONS.—An employee of the Federal Aviation Administra-
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1 tion who is the subject of a major adverse personnel action

2 may contest the action either through any contractual griev3 ance procedure that is applicable to the employee as a mem4 ber of the collective bargaining unit or through the Admin5 istration’s internal process relating to review of major ad6 verse personnel actions of the Administration, known as

7 Guaranteed Fair Treatment or under section 347(c) of the

8 Department of Transportation and Related Agencies Ap9 propriations Act, 1996.

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

11 personnel action may be contested through more than one

12 of the indicated forums (such as the contractual grievance

13 procedure, the Federal Aviation Administration’s internal

14 process, or that of the Merit Systems Protection Board), an

15 employee must elect the forum through which the matter

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

17 allow an employee to contest an action through more than

18 one forum unless otherwise allowed by law.

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

20 term ‘major adverse personnel action’ means a suspension

21 of more than 14 days, a reduction in pay or grade, a re22 moval for conduct or performance, a nondisciplinary re23 moval, a furlough of 30 days or less (but not including

24 placement in a nonpay status as the result of a lapse of
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1 appropriations or an enactment by Congress), or a reduc2 tion in force action.’’.

3 (c) APPLICABILITY OF MERIT SYSTEMS PROTECTION

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

5 Transportation and Related Agencies Appropriations Act,

6 1996 (109 Stat. 460) is amended—

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

8 (6);

9 (2) by striking the period at the end of para10 graph (7) and inserting ‘‘; and’’; and

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

12 ‘‘(8) sections 1204, 1211–1218, 1221, and 7701–

13 7703, relating to the Merit Systems Protection

14 Board.’’.

15 (d) APPEALS TO MERIT SYSTEMS PROTECTION

16 BOARD.—Section 347(c) of the Department of Transpor17 tation and Related Agencies Appropriations Act, 1996 is

18 amended to read as follows:

19 ‘‘(c) APPEALS TO MERIT SYSTEMS PROTECTION

20 BOARD.—Under the new personnel management system de21 veloped and implemented under subsection (a), an employee

22 of the Federal Aviation Administration may submit an ap23 peal to the Merit Systems Protection Board and may seek

24 judicial review of any resulting final orders or decisions

25 of the Board from any action that was appealable to the
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1 Board under any law, rule, or regulation as of March 31,

2 1996.’’.

3 SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.

4 (a) DISCRIMINATORY PRACTICES.—Section 41310(a)

5 is amended to read as follows:

6 ‘‘(a) PROHIBITIONS.—

7 ‘‘(1) IN GENERAL.—An air carrier or foreign air

8 carrier may not subject a person, place, port, or type

9 of traffic in foreign air transportation to unreason10 able discrimination.

11 ‘‘(2) DISCRIMINATION AGAINST PERSONS.—An

12 air carrier or foreign air carrier may not subject a

13 person in foreign air transportation to discrimina14 tion on the basis of race, color, national origin, reli15 gion, or sex.’’.

16 (b) INTERSTATE AIR TRANSPORTATION.—Section

17 41702 is amended—

18 (1) by striking ‘‘An air carrier’’ and inserting

19 ‘‘(a) SAFE AND ADEQUATE AIR TRANSPORTATION.—

20 An air carrier’’; and

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

22 ‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air

23 carrier may not subject a person in interstate air transpor24 tation to discrimination on the basis of race, color, national

25 origin, religion, or sex.’’.
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1 (c) DISCRIMINATION AGAINST HANDICAPPED INDIVID2 UALS BY FOREIGN AIR CARRIERS.—Section 41705 is

3 amended—

4 (1) by inserting ‘‘(a) GENERAL PROHIBITION.—

5 ’’ before ‘‘In providing’’; and

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

7 ‘‘(b) PROHIBITION APPLICABLE TO FOREIGN AIR CAR8 RIERS.—Subject to section 40105(b), the prohibition on dis9 crimination against an otherwise qualified individual set

10 forth in subsection (a) shall apply to a foreign air carrier

11 in providing foreign air transportation.’’.

12 (d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBITION

13 ON DISCRIMINATION AGAINST THE HANDICAPPED.—Sec14 tion 46301(a)(3) is further amended by adding at the end

15 the following:

16 ‘‘(E) a violation of section 41705, relating to dis17 crimination against handicapped individuals.’’.

18 (e) INTERNATIONAL AVIATION STANDARDS FOR AC19 COMMODATING THE HANDICAPPED.—The Secretary of

20 Transportation shall work with appropriate international

21 organizations and the aviation authorities of other nations

22 to bring about the establishment of higher standards, if ap23 propriate, for accommodating handicapped passengers in

24 air transportation, particularly with respect to foreign air

25 carriers that code share with domestic air carriers.
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1 SEC. 707. JOINT VENTURE AGREEMENT.

2 Section 41716(a)(1) is amended by striking ‘‘an agree3 ment entered into by a major air carrier’’ and inserting

4 ‘‘an agreement entered into between two or more major air

5 carriers’’.

6 SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.

7 Section 44310 is amended by striking ‘‘after’’ and all

8 that follows and inserting ‘‘after December 31, 2004.’’.

9 SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHOR10 ITY.

11 Section 44502(a) is further amended by adding at the

12 end the following:

13 ‘‘(6) IMPROVEMENTS ON LEASED PROPERTIES.—

14 The Administrator may make improvements to real

15 property leased for no or nominal consideration for

16 an air navigation facility, regardless of whether the

17 cost of making the improvements exceeds the cost of

18 leasing the real property, if—

19 ‘‘(A) the improvements primarily benefit

20 the Government;

21 ‘‘(B) the improvements are essential for ac22 complishment of the mission of the Federal Avia23 tion Administration; and

24 ‘‘(C) the interest of the Government in the

25 improvements is protected.’’.
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1 SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE

2 CHICAGO CONVENTION.

3 Section 44701 is amended by—

4 (1) redesignating subsection (e) as subsection (f);

5 and

6 (2) by inserting after subsection (d) the fol7 lowing:

8 ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT

9 RESPONSIBILITIES.—

10 ‘‘(1) IN GENERAL.—Notwithstanding the provi11 sions of this chapter, the Administrator, pursuant to

12 Article 83 bis of the Convention on International

13 Civil Aviation and by a bilateral agreement with the

14 aeronautical authorities of another country, may ex15 change with that country all or part of their respec16 tive functions and duties with respect to registered

17 aircraft under the following articles of the Conven18 tion: Article 12 (Rules of the Air); Article 31 (Certifi19 cates of Airworthiness); or Article 32a (Licenses of

20 Personnel).

21 ‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF RE22 SPONSIBILITY.—The Administrator relinquishes re23 sponsibility with respect to the functions and duties

24 transferred by the Administrator as specified in the

25 bilateral agreement, under the Articles listed in para26 graph (1) for United States-registered aircraft de-
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1 scribed in paragraph (4)(A) transferred abroad and

2 accepts responsibility with respect to the functions

3 and duties under those Articles for aircraft registered

4 abroad and described in paragraph (4)(B) that are

5 transferred to the United States.

6 ‘‘(3) CONDITIONS.—The Administrator may

7 predicate, in the agreement, the transfer of functions

8 and duties under this subsection on any conditions

9 the Administrator deems necessary and prudent, ex10 cept that the Administrator may not transfer respon11 sibilities for United States registered aircraft de12 scribed in paragraph (4)(A) to a country that the Ad13 ministrator determines is not in compliance with its

14 obligations under international law for the safety

15 oversight of civil aviation.

16 ‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this

17 subsection, the term ‘registered aircraft’ means—

18 ‘‘(A) aircraft registered in the United States

19 and operated pursuant to an agreement for the

20 lease, charter, or interchange of the aircraft or

21 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 country

2 and 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 the

7 United States.’’.

8 SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

9 Section 44703 is amended—

10 (1) by redesignating subsections (c) through (f)

11 as subsections (d) through (g), respectively; and

12 (2) by inserting after subsection (b) the fol13 lowing:

14 ‘‘(c) PUBLIC INFORMATION.—

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

16 and notwithstanding any other provision of law, the

17 information contained in the records of contents of

18 any airman certificate issued under this section that

19 is limited to an airman’s name, address, and ratings

20 held shall be made available to the public after the

21 120th day following the date of the enactment of the

22 Aviation Investment and Reform Act for the 21st

23 Century.

24 ‘‘(2) OPPORTUNITY TO WITHHOLD INFORMA25 TION.—Before making any information concerning an
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1 airman available to the public under paragraph (1),

2 the airman shall be given an opportunity to elect that

3 the information not be made available to the public.

4 ‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF

5 PROGRAM.—Not later than 60 days after the date of

6 the enactment of the Aviation Investment and Reform

7 Act for the 21st Century, the Administrator shall de8 velop and implement, in cooperation with representa9 tives of the aviation industry, a one-time written no10 tification to airmen to set forth the implications of

11 making information concerning an airman available

12 to the public under paragraph (1) and to carry out

13 paragraph (2).’’.

14 SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CER15 TIFICATES.

16 Section 44709(e) is amended to read as follows:

17 ‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), if a person files an appeal with the Board

20 under section (d), the order of the Administrator is

21 stayed.

22 ‘‘(2) EMERGENCIES.—If the Administrator ad23 vises the Board that an emergency exists and safety

24 in air commerce or air transportation requires the

25 order to be effective immediately, the order is effective,
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1 except that a person filing an appeal under subsection

2 (d) may file a written petition to the Board for an

3 emergency stay on the issues of the appeal that are

4 related to the existence of the emergency. The Board

5 shall have 10 days to review the materials. If any two

6 members of the Board determine that sufficient

7 grounds exist to grant a stay, an emergency stay shall

8 be granted. If an emergency stay is granted, the

9 Board must meet within 15 days of the granting of

10 the stay to make a final disposition of the issues re11 lated to the existence of the emergency.

12 ‘‘(3) FINAL DISPOSITION OF APPEAL.—In all

13 cases, the Board shall make a final disposition of the

14 merits of the appeal not later than 60 days after the

15 Administrator advises the Board of the order.’’.

16 SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.

17 Section 44903 is amended by adding at the end the

18 following:

19 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The

20 Administrator may establish at individual airports such

21 consortia of government and aviation industry representa22 tives as the Administrator may designate to provide advice

23 on matters related to aviation security and safety. Such

24 consortia shall not be considered Federal advisory commit25 tees.’’.
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1 SEC. 714. PASSENGER MANIFEST.

2 Section 44909(a)(2) is amended by striking ‘‘shall’’

3 and inserting ‘‘should’’.

4 SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERV5 ICES.

6 Section 45301 is amended—

7 (1) by striking subsection (a)(2) and inserting

8 the following:

9 ‘‘(2) Services (other than air traffic control serv10 ices) provided to a foreign government or to any enti11 ty obtaining services outside the United States, except

12 that the Administrator shall not impose fees in any

13 manner for production-certification related service

14 performed outside the United States pertaining to

15 aeronautical products manufactured outside the

16 United States.’’; and

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

18 ‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE

19 DEFINED.—In this section, the term ‘production-certifi20 cation related service’ has the meaning given that term in

21 appendix C of part 187 of title 14, Code of Federal Regula22 tions.’’.

23 SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY

24 PROVISIONS.

25 Section 46301 is amended—
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1 (1) in subsection (a)(1)(A) by striking ‘‘46302,

2 46303, or’’;

3 (2) in subsection (d)(7)(A) by striking ‘‘an indi4 vidual’’ the first place it appears and inserting ‘‘a

5 person’’; and

6 (3) in subsection (g) by inserting ‘‘or the Admin7 istrator’’ after ‘‘Secretary’’.

8 SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY

9 ACT.

10 (a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH

11 STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amended

12 in the first sentence by inserting ‘‘or foreign air carrier’’

13 after ‘‘air carrier’’.

14 (b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DIS15 POSAL.—Section 47528 is amended—

16 (1) in subsection (a) by inserting ‘‘or (f)’’ after

17 ‘‘(b)’’; and

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

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

20 December 31, 1999, the Secretary may provide a procedure

21 under which a person may operate a stage 1 or stage 2

22 aircraft in nonrevenue service to or from an airport in the

23 United States in order to—

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

25 ‘‘(2) sell the aircraft for scrapping; or
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1 ‘‘(3) obtain modifications to the aircraft to meet

2 stage 3 noise levels.’’.

3 (c) LIMITED OPERATION OF CERTAIN AIRCRAFT.—

4 Section 47528(e) is amended by adding at the end the fol5 lowing:

6 ‘‘(4) An air carrier operating stage 2 aircraft under

7 this subsection may operate stage 2 aircraft to or from the

8 48 contiguous States on a nonrevenue basis in order to—

9 ‘‘(A) perform maintenance (including major al10 terations) or preventative maintenance on aircraft

11 operated, or to be operated, within the limitations of

12 paragraph (2)(B); or

13 ‘‘(B) conduct operations within the limitations

14 of paragraph (2)(B).’’.

15 SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHOR16 ITY.

17 (a) EXTENSION OF APPLICATION APPROVALS.—Sec18 tion 49108 is amended by striking ‘‘2001’’ and inserting

19 ‘‘2004’’.

20 (b) ELIMINATION OF DEADLINE FOR APPOINTMENT OF

21 MEMBERS TO BOARD OF DIRECTORS.—Section 49106(c)(6)

22 is amended by striking subparagraph (C) and by redesig23 nating subparagraph (D) as subparagraph (C).
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1 SEC. 719. ACQUISITION MANAGEMENT SYSTEM.

2 Section 348 of the Department of Transportation and

3 Related Agencies Appropriations Act, 1996 (49 U.S.C. 106

4 note; 109 Stat. 460) is amended by striking subsection (c)

5 and inserting the following:

6 ‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT

7 FISCAL YEAR.—Notwithstanding subsection (b)(3), the Ad8 ministrator may enter into contracts for procurement of

9 severable services that begin in one fiscal year and end in

10 another if (without regard to any option to extend the pe11 riod of the contract) the contract period does not exceed 1

12 year.’’.

13 SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.

14 (a) MEMBERSHIP.—

15 (1) APPOINTMENT.—Section 4(a)(5) of the Cen16 tennial of Flight Commemoration Act (36 U.S.C. 143

17 note; 112 Stat. 3487) is amended by inserting ‘‘, or

18 his designee,’’ after ‘‘prominence’’.

19 (2) STATUS.—Section 4 of such Act (112 Stat.

20 3487) is amended by adding at the end the following:

21 ‘‘(g) STATUS.—The members of the Commission de22 scribed in paragraphs (1), (3), (4), and (5) of subsection

23 (a) shall not be considered to be officers or employees of

24 the United States.’’.

25 (b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.

26 3488) is amended to read as follows:
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1 ‘‘(7) as a nonprimary purpose, publish popular

2 and scholarly works related to the history of aviation

3 or the anniversary of the centennial of powered

4 flight.’’.

5 (c) CONFLICTS OF INTEREST.—Section 6 of such Act

6 (112 Stat. 3488–3489) is amended by adding at the end

7 the following:

8 ‘‘(e) CONFLICTS OF INTEREST.—At its second business

9 meeting, the Commission shall adopt a policy to protect

10 against possible conflicts of interest involving its members

11 and employees. The Commission shall consult with the Of12 fice of Government Ethics in the development of such a pol13 icy and shall recognize the status accorded its members

14 under section 4(g).’’.

15 (d) EXECUTIVE DIRECTOR.—The first sentence of sec16 tion 7(a) of such Act (112 Stat. 3489) is amended by strik17 ing the period at the end and inserting the following: ‘‘or

18 represented on the First Flight Centennial Advisory Board

19 under subparagraphs (A) through (E) of section 12(b)(1).’’.

20 (e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

21 SEALS, AND MARKS.—

22 (1) USE OF FUNDS.—Section 9(d) of such Act

23 (112 Stat. 3490) is amended by striking the period at

24 the end and inserting the following: ‘‘, except that the

25 Commission may transfer any portion of such funds
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1 that is in excess of the funds necessary to carry out

2 such duties to any Federal agency or the National Air

3 and Space Museum of the Smithsonian Institution to

4 be used for the sole purpose of commemorating the

5 history of aviation or the centennial of powered

6 flight.’’.

7 (2) DUTIES TO BE CARRIED OUT BY ADMINIS8 TRATOR OF NASA.—Section 9 of such Act (112 Stat.

9 3490) is amended by adding at the end the following:

10 ‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINISTRATOR

11 OF NASA.—The duties of the Commission under this sec12 tion shall be carried out by the Administrator of the Na13 tional Aeronautics and Space Administration, in consulta14 tion with the Commission.’’.

15 SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.

16 (a) IN GENERAL.—A memorandum of agreement be17 tween the Administrator and any person that directly ob18 tains aircraft situational display data from the Federal

19 Aviation Administration shall require that—

20 (1) the person demonstrate to the satisfaction of

21 the Administrator that such person is capable of selec22 tively blocking the display of any aircraft-situation23 display-to-industry derived data related to any iden24 tified aircraft registration number; and
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1 (2) the person agree to block selectively the air2 craft registration numbers of any aircraft owner or

3 operator upon the Administration’s request.

4 (b) EXISTING MEMORANDA TO BE CONFORMED.—The

5 Administrator shall conform any memoranda of agreement,

6 in effect on the date of the enactment of this Act, between

7 the Administration and a person under which that person

8 obtains aircraft situational display data to incorporate the

9 requirements of subsection (a) within 30 days after that

10 date.

11 SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOY12 MENT OPPORTUNITY COMPLAINTS.

13 (a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal

14 year 2000, the Secretary of Transportation may hire or

15 contract for such additional personnel as may be necessary

16 to eliminate the backlog of pending equal employment op17 portunity complaints to the Department of Transportation

18 and to ensure that investigations of complaints are com19 pleted not later than 180 days after the date of initiation

20 of the investigation.

21 (b) FUNDING.—Of the amounts appropriated pursuant

22 to section 106(k) of title 49, United States Code, for fiscal

23 year 2000, $2,000,000 may be used to carry out this section.
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1 SEC. 723. NEWPORT NEWS, VIRGINIA.

2 (a) AUTHORITY TO GRANT WAIVERS.—Notwith3 standing section 16 of the Federal Airport Act (as in effect

4 on May 14, 1947) or section 47125 of title 49, United States

5 Code, the Secretary shall, subject to section 47153 of such

6 title (as in effect on June 1, 1998), and subsection (b) of

7 this section, waive with respect to airport property parcels

8 that, according to the Federal Aviation Administration ap9 proved airport layout plan for Newport News/Williamsburg

10 International Airport, are no longer required for airport

11 purposes from any term contained in the deed of conveyance

12 dated May 14, 1947, under which the United States con13 veyed such property to the Peninsula Airport Commission

14 for airport purposes of the Commission.

15 (b) CONDITIONS.—Any waiver granted by the Sec16 retary under subsection (a) shall be subject to the following

17 conditions:

18 (1) The Peninsula Airport Commission shall

19 agree that, in leasing or conveying any interest in the

20 property with respect to which waivers are granted

21 under subsection (a), the Commission will receive an

22 amount that is equal to the fair lease value or the fair

23 market value, as the case may be (as determined pur24 suant to regulations issued by the Secretary).

25 (2) Peninsula Airport Commission shall use any

26 amount so received only for the development, improve-
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1 ment, operation, or maintenance of Newport News/

2 Williamsburg International Airport.

3 SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALI4 FORNIA.

5 The City of Los Angeles Department of Airports may

6 grant an easement to the California Department of Trans7 portation to lands required to provide sufficient right-of8 way to facilitate the construction of the California State

9 Route 138 bypass, as proposed by the California Depart10 ment of Transportation.

11 SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.

12 (a) IN GENERAL.—Beginning on the date of the enact13 ment of this Act, flight operations conducted by Alaska

14 guide pilots shall be regulated under the general operating

15 and flight rules contained in part 91 of title 14, Code of

16 Federal Regulations.

17 (b) RULEMAKING PROCEEDING.—

18 (1) IN GENERAL.—The Administrator shall con19 duct a rulemaking proceeding and issue a final rule

20 to modify the general operating and flight rules re21 ferred to in subsection (a) by establishing special

22 rules applicable to the flight operations conducted by

23 Alaska guide pilots.
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1 (2) CONTENTS OF RULES.—A final rule issued

2 by the Administrator under paragraph (1) shall re3 quire Alaska guide pilots—

4 (A) to operate aircraft inspected no less

5 often than after 125 hours of flight time;

6 (B) to participate in an annual flight re7 view, as described in section 61.56 of title 14,

8 Code of Federal Regulations;

9 (C) to have at least 500 hours of flight time

10 as a pilot;

11 (D) to have a commercial rating, as de12 scribed subpart F of part 61 of such title;

13 (E) to hold at least a second-class medical

14 certificate, as described in subpart C of part 67

15 of such title;

16 (F) to hold a current letter of authorization

17 issued by the Administrator; and

18 (G) to take such other actions as the Ad19 ministrator determines necessary for safety.

20 (c) DEFINITIONS.—In this section, the following defi21 nitions apply:

22 (1) LETTER OF AUTHORIZATION.—The term ‘‘let23 ter of authorization’’ means a letter issued by the Ad24 ministrator once every 5 years to an Alaska guide

25 pilot certifying that the pilot is in compliance with
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1 general operating and flight rules applicable to the

2 pilot. In the case of a multi-pilot operation, at the

3 election of the operating entity, a letter of authoriza4 tion may be issued by the Administrator to the entity

5 or to each Alaska guide pilot employed by the entity.

6 (2) ALASKA GUIDE PILOT.—The term ‘‘Alaska

7 guide pilot’’ means a pilot who—

8 (A) conducts aircraft operations over or

9 within the State of Alaska;

10 (B) operates single engine, fixed wing air11 craft on floats, wheels, or skis, providing com12 mercial hunting, fishing, or other guide services

13 and related accommodations in the form of

14 camps or lodges; and

15 (C) transports clients by such aircraft inci16 dental to hunting, fishing, or other guide serv17 ices, or uses air transport to enable guided cli18 ents to reach hunting or fishing locations.

19 SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY

20 PANEL.

21 (a) ESTABLISHMENT OF PANEL.—The Secretary of

22 Transportation—

23 (1) shall establish an Aircraft Repair and Main24 tenance Advisory Panel to review issues related to the

25 use and oversight of aircraft and aviation component
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1 repair and maintenance facilities (in this section re2 ferred to as ‘‘aircraft repair facilities’’) located with3 in, or outside of, the United States; and

4 (2) may seek the advice of the panel on any issue

5 related to methods to increase safety by improving the

6 oversight of aircraft repair facilities.

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

8 (1) nine members appointed by the Secretary as

9 follows:

10 (A) three representatives of labor organiza11 tions representing aviation mechanics;

12 (B) one representative of cargo air carriers;

13 (C) one representative of passenger air car14 riers;

15 (D) one representative of aircraft repair fa16 cilities;

17 (E) one representative of aircraft manufac18 turers;

19 (F) one representative of on-demand pas20 senger air carriers and corporate aircraft oper21 ations; and

22 (G) one representative of regional passenger

23 air carriers;

24 (2) one representative from the Department of

25 Commerce, designated by the Secretary of Commerce;
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1 (3) one representative from the Department of

2 State, designated by the Secretary of State; and

3 (4) one representative from the Federal Aviation

4 Administration, designated by the Administrator.

5 (c) RESPONSIBILITIES.—The panel shall—

6 (1) determine the amount and type of work that

7 is being performed by aircraft repair facilities located

8 within, and outside of, the United States; and

9 (2) provide advice and counsel to the Secretary

10 with respect to the aircraft and aviation component

11 repair work performed by aircraft repair facilities

12 and air carriers, staffing needs, and any balance of

13 trade or safety issues associated with that work.

14 (d) DOT TO REQUEST INFORMATION FROM AIR CAR15 RIERS AND REPAIR FACILITIES.—

16 (1) COLLECTION OF INFORMATION.—The Sec17 retary, by regulation, shall require air carriers, for18 eign air carriers, domestic repair facilities, and for19 eign repair facilities to submit such information as

20 the Secretary may require in order to assess balance

21 of trade and safety issues with respect to work per22 formed on aircraft used by air carriers, foreign air

23 carriers, United States corporate operators, and for24 eign corporate operators.
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1 (2) DRUG AND ALCOHOL TESTING INFORMA2 TION.—Included in the information the Secretary re3 quires under paragraph (1) shall be information on

4 the existence and administration of employee drug

5 and alcohol testing programs in place at the foreign

6 repair facilities, if applicable. The Secretary, if nec7 essary, shall work with the International Civil Avia8 tion Organization to increase the number and im9 prove the administration of employee drug and alco10 hol testing programs at the foreign repair facilities.

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

12 the information the Secretary requires under para13 graph (1) shall be information on the amount and

14 type of work performed on aircraft registered in and

15 outside of the United States.

16 (e) DOT TO FACILITATE COLLECTION OF INFORMA17 TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary

18 shall facilitate the collection of information from the Na19 tional Transportation Safety Board, the Federal Aviation

20 Administration, and other appropriate agencies regarding

21 maintenance performed by aircraft repair facilities.

22 (f) DOT TO MAKE INFORMATION AVAILABLE TO PUB23 LIC.—The Secretary shall make any relevant information

24 received under subsection (c) available to the public, con25 sistent with the authority to withhold trade secrets or com-
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1 mercial, financial, and other proprietary information

2 under section 552 of title 5, United States Code.

3 (g) TERMINATION.—The panel established under sub4 section (a) shall terminate on the earlier of—

5 (1) the date that is 2 years after the date of the

6 enactment of this Act; or

7 (2) December 31, 2001.

8 (h) DEFINITIONS.—The definitions contained in sec9 tion 40102 of title 49, United States Code, shall apply to

10 this section.

11 SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.

12 (a) STUDY.—The Administrator, in consultation with

13 the National Transportation Safety Board and other inter14 ested persons, shall conduct a study of air taxi operators

15 regulated under part 135 of title 14, Code of Federal Regu16 lations.

17 (b) CONTENTS.—The study shall include an analysis

18 of the size and type of the aircraft fleet, relevant aircraft

19 equipment, hours flown, utilization rates, safety record by

20 various categories of use and aircraft type, sales revenues,

21 and airports served by the air taxi fleet.

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

23 the enactment of this Act, the Administrator shall transmit

24 to Congress a report on the results of the study.
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1 SEC. 728. SENSE OF THE CONGRESS CONCERNING COMPLE2 TION OF COMPREHENSIVE NATIONAL AIR3 SPACE REDESIGN.

4 It is the sense of the Congress that, as soon as is prac5 ticable, the Administrator should complete and begin imple6 mentation of the comprehensive national airspace redesign

7 that is being conducted by the Administrator.

8 SEC. 729. COMPLIANCE WITH REQUIREMENTS.

9 Notwithstanding any other provision of law, in order

10 to avoid unnecessary duplication of expense and effort, the

11 Secretary of Transportation may authorize the use, in

12 whole or in part, of a completed environmental assessment

13 or environmental impact study for new construction

14 projects on the air operations area of an airport, if the com15 pleted assessment or study was for a project at the airport

16 that is substantially similar in nature to the new project.

17 Any such authorized use shall meet all requirements of Fed18 eral law for the completion of such an assessment or study.

19 SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.

20 (a) DEVELOPMENT OF NEW STANDARDS.—The Sec21 retary of Transportation shall continue to work to develop

22 a new standard for aircraft and aircraft engines that will

23 lead to a further reduction in aircraft noise levels.

24 (b) REPORT.—Not later than March 1, 2000, and an25 nually thereafter, the Secretary shall transmit to Congress
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1 a report regarding the application of new standards or tech2 nologies to reduce aircraft noise levels.

3 SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PRO4 POSALS.

5 The Administrator is encouraged to consider any pro6 posal with a regional consensus submitted by a State avia7 tion authority regarding the expansion of existing airport

8 facilities or the introduction of new airport facilities.

9 SEC. 732. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

10 (a) APPROVAL OF SALE.—To maintain the efficient

11 utilization of airports in the high-growth Cincinnati local

12 airport system, and to ensure that the Cincinnati-Munic13 ipal Blue Ash Airport continues to operate to relieve conges14 tion at Cincinnati-Northern Kentucky International Air15 port and to provide greater access to the general aviation

16 community beyond the expiration of the City of Cin17 cinnati’s grant obligations, the Secretary of Transportation

18 may approve the sale of Cincinnati-Municipal Blue Ash

19 Airport from the City of Cincinnati to the City of Blue

20 Ash upon a finding that the City of Blue Ash meets all

21 applicable requirements for sponsorship and if the City of

22 Blue Ash agrees to continue to maintain and operate Blue

23 Ash Airport, as generally contemplated and described with24 in the Blue Ash Master Plan Update dated November 30,
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1 1998, for a period of 20 years from the date existing grant

2 assurance obligations of the City of Cincinnati expire.

3 (b) TREATMENT OF PROCEEDS FROM SALE.—The pro4 ceeds from the sale approved under subsection (a) shall not

5 be considered to be airport revenue for purposes of section

6 47107 and 47133 of title 49, United States Code, grant obli7 gations of the City of Cincinnati, or regulations and poli8 cies of the Federal Aviation Administration.

9 SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RE10 SPONDING TO OIL SPILLS.

11 (a) AUTHORITY TO SELL.—

12 (1) IN GENERAL.—Notwithstanding section 202

13 of the Federal Property and Administrative Services

14 Act of 1949 (40 U.S.C. 483) and subject to subsections

15 (b) and (c), the Secretary of Defense may, during the

16 period beginning June 15, 1999, and ending Sep17 tember 30, 2002, sell aircraft and aircraft parts re18 ferred to in paragraph (2) to a person or govern19 mental entity that contracts to deliver oil dispersants

20 by air in order to disperse oil spills, and that has

21 been approved by the Secretary of the Department in

22 which the Coast Guard is operating for the delivery

23 of oil dispersants by air in order to disperse oil spills.

24 (2) COVERED AIRCRAFT AND AIRCRAFT PARTS.—

25 The aircraft and aircraft parts that may be sold
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1 under paragraph (1) are aircraft and aircraft parts

2 of the Department of Defense that are determined by

3 the Secretary of Defense to be—

4 (A) excess to the needs of the Department;

5 (B) acceptable for commercial sale; and

6 (C) with respect to aircraft, 10 years old or

7 older.

8 (b) CONDITIONS OF SALE.—Aircraft and aircraft

9 parts sold under subsection (a)—

10 (1) may be used only for oil spill spotting, obser11 vation, and dispersant delivery; and

12 (2) may not be flown outside of or removed from

13 the United States, except for the purpose of fulfilling

14 an international agreement to assist in oil spill dis15 persing efforts or for other purposes that are jointly

16 approved by the Secretary of Defense and the Sec17 retary of Transportation.

18 (c) CERTIFICATION OF PERSONS AND ENTITIES.—The

19 Secretary of Defense may sell aircraft and aircraft parts

20 to a person or governmental entity under subsection (a)

21 only if the Secretary of Transportation certifies to the Sec22 retary of Defense, in writing, before the sale, that the person

23 or governmental entity is capable of meeting the terms and

24 conditions of a contract to deliver oil spill dispersants by

25 air.
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1 (d) REGULATIONS.—

2 (1) IN GENERAL.—As soon as practicable after

3 the date of the enactment of this Act, the Secretary of

4 Defense, in consultation with the Secretary of Trans5 portation and the Administrator of General Services,

6 shall issue regulations relating to the sale of aircraft

7 and aircraft parts under this section.

8 (2) CONTENTS.—The regulations shall—

9 (A) ensure that the sale of the aircraft and

10 aircraft parts is made at a fair market value as

11 determined by the Secretary of Defense, and, to

12 the extent practicable, on a competitive basis;

13 (B) require a certification by the purchaser

14 that the aircraft and aircraft parts will be used

15 in accordance with the conditions set forth in

16 subsection (b);

17 (C) establish appropriate means of verifying

18 and enforcing the use of the aircraft and aircraft

19 parts by the purchaser and other users in ac20 cordance with the conditions set forth in sub21 section (b) or pursuant to subsection (e); and

22 (D) ensure, to the maximum extent prac23 ticable, that the Secretary of Defense consults

24 with the Administrator of General Services and

25 with the heads of other appropriate departments
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1 and agencies of the Federal Government regard2 ing alternative uses for such aircraft and air3 craft parts before the sale of such aircraft and

4 aircraft parts under this section.

5 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary of Defense may require such other terms and condi7 tions in connection with each sale of aircraft and aircraft

8 parts under this section as the Secretary of Defense con9 siders appropriate for such sale. Such terms and conditions

10 shall meet the requirements of regulations issued under sub11 section (d).

12 (f) REPORT.—Not later than March 31, 2002, the Sec13 retary of Defense shall submit to the Committee on Armed

14 Services and the Committee on Commerce, Science, and

15 Transportation of the Senate and the Committee on Armed

16 Services and the Committee on Transportation and Infra17 structure of the House of Representatives a report on the

18 Secretary of Defense’s exercise of authority under this sec19 tion. The report shall set forth—

20 (1) the number and types of aircraft sold under

21 this section, and the terms and conditions under

22 which the aircraft were sold;

23 (2) the persons or entities to which the aircraft

24 were sold; and
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1 (3) an accounting of the current use of the air2 craft sold.

3 (g) CONSTRUCTION.—Nothing in this section may be

4 construed as affecting the authority of the Administrator

5 of the Federal Aviation Administration under any other

6 provision of law.

7 (h) PROCEEDS FROM SALE.—The net proceeds of any

8 amounts received by the Secretary of Defense from the sale

9 of aircraft and aircraft parts under this section shall be

10 deposited into the general fund of the Treasury as miscella11 neous receipts.

12 SEC. 734. DISCRIMINATORY PRACTICES BY COMPUTER RES13 ERVATIONS SYSTEMS OUTSIDE THE UNITED

14 STATES.

15 (a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY

16 FOREIGN CRS SYSTEMS.—Section 41310 is amended by

17 adding at the end the following:

18 ‘‘(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY

19 FOREIGN CRS SYSTEMS.—The Secretary of Transportation

20 may take such actions as the Secretary considers are in the

21 public interest to eliminate an activity of a foreign air car22 rier that owns or markets a computer reservations system,

23 or of a computer reservations system firm whose principal

24 offices are located outside the United States, when the Sec-
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1 retary, on the initiative of the Secretary or on complaint,

2 decides that the activity, with respect to airline service—

3 ‘‘(1) is an unjustifiable or unreasonable dis4 criminatory, predatory, or anticompetitive practice

5 against a computer reservations system firm whose

6 principal offices are located inside the United States;

7 or

8 ‘‘(2) imposes an unjustifiable or unreasonable re9 striction on access of such a computer reservations

10 system to a foreign market.’’.

11 (b) COMPLAINTS BY CRS FIRMS.—Section 41310 is

12 amended—

13 (1) in subsection (d)(1)—

14 (A) by striking ‘‘air carrier’’ in the first

15 sentence and inserting ‘‘air carrier, computer

16 reservations system firm,’’;

17 (B) by striking ‘‘subsection (c)’’ and insert18 ing ‘‘subsection (c) or (g)’’; and

19 (C) by striking ‘‘air carrier’’ in subpara20 graph (B) and inserting ‘‘air carrier or com21 puter reservations system firm’’; and

22 (2) in subsection (e)(1) by inserting ‘‘or a com23 puter reservations system firm is subject when pro24 viding services with respect to airline service’’ before

25 the period at the end of the first sentence.
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1 SEC. 735. ALKALI SILICA REACTIVITY DISTRESS.

2 (a) IN GENERAL.—The Administrator may make a

3 grant to, or enter into a cooperative agreement with, a non4 profit organization for the conduct of a study on the impact

5 of alkali silica reactivity distress on airport runways and

6 taxiways and the use of lithium salts and other alternatives

7 for mitigation and prevention of such distress.

8 (b) REPORT.—Not later than 18 months after making

9 a grant, or entering into a cooperative agreement, under

10 subsection (a) the Administrator shall transmit a report to

11 Congress on the results of the study.

12 SEC. 736. PROCUREMENT OF PRIVATE ENTERPRISE MAP13 PING, CHARTING, AND GEOGRAPHIC INFOR14 MATION SYSTEMS.

15 The Administrator shall consider procuring mapping,

16 charting, and geographic information systems necessary to

17 carry out the duties of the Administrator under title 49,

18 United States Code, from private enterprises, if the Admin19 istrator determines that such procurement furthers the mis20 sion of the Federal Aviation Administration and is cost ef21 fective.

22 SEC. 737. LAND USE COMPLIANCE REPORT.

23 Section 47131 is amended—

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

25 (3);
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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘; and’’; and

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

4 ‘‘(5) a detailed statement listing airports that

5 are not in compliance with grant assurances or other

6 requirements with respect to airport lands and in7 cluding the circumstances of such noncompliance, the

8 timelines for corrective action, and the corrective ac9 tion the Secretary intends to take to bring the airport

10 sponsor into compliance.’’.

11 SEC. 738. NATIONAL TRANSPORTATION DATA CENTER OF

12 EXCELLENCE.

13 Of the amounts made available pursuant to section

14 5117(b)(6)(B) of the Transportation Equity Act for the 21st

15 Century (23 U.S.C. 502 note; 112 Stat. 450), not to exceed

16 $1,000,000 for each of fiscal years 2000 and 2001 may be

17 made available by the Secretary of Transportation to estab18 lish, at an Army depot that has been closed or realigned,

19 a national transportation data center of excellence that

20 will—

21 (1) serve as a satellite facility for the central

22 data repository that is hosted by the computer center

23 of the Transportation Administrative Service; and
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1 (2) analyze transportation data collected by the

2 Federal Government, States, cities, and the transpor3 tation industry.

4 SEC. 739. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

5 The Secretary of Transportation shall waive all terms

6 contained in the 1949 deed of conveyance under which the

7 United States conveyed certain property then constituting

8 Selman Field, Louisiana, to the City of Monroe, Louisiana,

9 subject to the following conditions:

10 (1) The city agrees that in conveying any inter11 est in such property the city will receive an amount

12 for such interest that is equal to the fair market value

13 for such interest.

14 (2) The amount received by the city for such con15 veyance shall be used by the city—

16 (A) for the development, improvement, oper17 ation, or maintenance of a public airport; or

18 (B) for the development or improvement of

19 the city’s airport industrial park co-located with

20 the Monroe Regional Airport to the extent that

21 such development or improvement will result in

22 an increase, over time, in the amount the indus23 trial park will pay to the airport to an amount

24 that is greater than the amount the city received

25 for such conveyance.
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1 SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.

2 (a) CONTRACT FOR STUDY.—The Administrator shall

3 contract with the National Academy of Sciences to conduct

4 a study of the effectiveness of the automated weather fore5 casting systems of covered flight service stations solely with

6 regard to providing safe and reliable airport operations.

7 (b) COVERED FLIGHT SERVICE STATIONS.—In this

8 section, the term ‘‘covered flight service station’’ means a

9 flight service station where automated weather observation

10 constitutes the entire observation and no additional weather

11 information is added by a human weather observer.

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

13 the enactment of this Act, the Administrator shall transmit

14 to the Congress a report on the results of the study.

15 SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOE16 NIX, ARIZONA.

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

18 Aviation Administration shall conduct a study on recent

19 changes to the flight patterns of aircraft using Sky Harbor

20 Airport in Phoenix, Arizona, and the effects of such changes

21 on the noise contours in the Phoenix, Arizona, region.

22 (b) REPORT.—

23 (1) IN GENERAL.—Not later than 90 days after

24 the enactment of this section, the Administrator shall

25 submit a report to Congress containing the results of

26 the study conducted under subsection (a) and rec-
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1 ommendations for measures to mitigate aircraft noise

2 over populated areas in the Phoenix, Arizona, region.

3 (2) AVAILABILITY TO THE PUBLIC.—The Admin4 istrator shall make the report described in paragraph

5 (1) available to the public.

6 SEC. 742. NONMILITARY HELICOPTER NOISE.

7 (a) IN GENERAL.—The Secretary of Transportation

8 shall conduct a study—

9 (1) on the effects of nonmilitary helicopter noise

10 on individuals; and

11 (2) to develop recommendations for the reduction

12 of the effects of nonmilitary helicopter noise.

13 (b) CONSIDERATION OF VIEWS.—In conducting the

14 study under this section, the Secretary shall consider the

15 views of representatives of the helicopter industry and rep16 resentatives of organizations with an interest in reducing

17 nonmilitary helicopter noise.

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

19 the enactment of this Act, the Secretary shall transmit to

20 Congress a report on the results of the study under this sec21 tion.
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1 TITLE VIII—NATIONAL PARKS

2 AIR TOUR MANAGEMENT

3 SEC. 801. SHORT TITLE.

4 This title may be cited as the ‘‘National Parks Air

5 Tour Management Act of 1999’’.

6 SEC. 802. FINDINGS.

7 Congress finds that—

8 (1) the Federal Aviation Administration has sole

9 authority to control airspace over the United States;

10 (2) the Federal Aviation Administration has the

11 authority to preserve, protect, and enhance the envi12 ronment by minimizing, mitigating, or preventing

13 the adverse effects of aircraft overflights of public and

14 tribal lands;

15 (3) the National Park Service has the responsi16 bility of conserving the scenery and natural and his17 toric objects and wildlife in national parks and of

18 providing for the enjoyment of the national parks in

19 ways that leave the national parks unimpaired for fu20 ture generations;

21 (4) the protection of tribal lands from aircraft

22 overflights is consistent with protecting the public

23 health and welfare and is essential to the mainte24 nance of the natural and cultural resources of Indian

25 tribes;
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1 (5) the National Parks Overflights Working

2 Group, composed of general aviation, commercial air

3 tour, environmental, and Native American represent4 atives, recommended that the Congress enact legisla5 tion based on the Group’s consensus work product;

6 and

7 (6) this title reflects the recommendations made

8 by that Group.

9 SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL

10 PARKS.

11 (a) IN GENERAL.—Chapter 401 is further amended by

12 adding at the end the following:

13 ‘‘§ 40126. Overflights of national parks

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) GENERAL REQUIREMENTS.—A commercial

16 air tour operator may not conduct commercial air

17 tour operations over a national park (including tribal

18 lands) except—

19 ‘‘(A) in accordance with this section;

20 ‘‘(B) in accordance with conditions and

21 limitations prescribed for that operator by the

22 Administrator; and

23 ‘‘(C) in accordance with any applicable air

24 tour management plan for the park.
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1 ‘‘(2) APPLICATION FOR OPERATING AUTHOR2 ITY.—

3 ‘‘(A) APPLICATION REQUIRED.—Before com4 mencing commercial air tour operations over a

5 national park (including tribal lands), a com6 mercial air tour operator shall apply to the Ad7 ministrator for authority to conduct the oper8 ations over the park.

9 ‘‘(B) COMPETITIVE BIDDING FOR LIMITED

10 CAPACITY PARKS.—Whenever an air tour man11 agement plan limits the number of commercial

12 air tour operations over a national park during

13 a specified time frame, the Administrator, in co14 operation with the Director, shall issue operation

15 specifications to commercial air tour operators

16 that conduct such operations. The operation

17 specifications shall include such terms and con18 ditions as the Administrator and the Director

19 find necessary for management of commercial

20 air tour operations over the park. The Adminis21 trator, in cooperation with the Director, shall de22 velop an open competitive process for evaluating

23 proposals from persons interested in providing

24 commercial air tour operations over the park. In

25 making a selection from among various pro-
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1 posals submitted, the Administrator, in coopera2 tion with the Director, shall consider relevant

3 factors, including—

4 ‘‘(i) the safety record of the person sub5 mitting the proposal or pilots employed by

6 the person;

7 ‘‘(ii) any quiet aircraft technology pro8 posed to be used by the person submitting

9 the proposal;

10 ‘‘(iii) the experience of the person sub11 mitting the proposal with commercial air

12 tour operations over other national parks or

13 scenic areas;

14 ‘‘(iv) the financial capability of the

15 company;

16 ‘‘(v) any training programs for pilots

17 provided by the person submitting the pro18 posal; and

19 ‘‘(vi) responsiveness of the person sub20 mitting the proposal to any relevant cri21 teria developed by the National Park Serv22 ice for the affected park.

23 ‘‘(C) NUMBER OF OPERATIONS AUTHOR24 IZED.—In determining the number of authoriza25 tions to issue to provide commercial air tour op-
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1 erations over a national park, the Adminis2 trator, in cooperation with the Director, shall

3 take into consideration the provisions of the air

4 tour management plan, the number of existing

5 commercial air tour operators and current level

6 of service and equipment provided by any such

7 operators, and the financial viability of each

8 commercial air tour operation.

9 ‘‘(D) COOPERATION WITH NPS.—Before

10 granting an application under this paragraph,

11 the Administrator, in cooperation with the Di12 rector, shall develop an air tour management

13 plan in accordance with subsection (b) and im14 plement such plan.

15 ‘‘(3) EXCEPTION.—

16 ‘‘(A) IN GENERAL.—If a commercial air

17 tour operator secures a letter of agreement from

18 the Administrator and the superintendent for the

19 national park that describes the conditions under

20 which the commercial air tour operation will be

21 conducted, then notwithstanding paragraph (1),

22 the commercial air tour operator may conduct

23 such operations over the national park under

24 part 91 of title 14, Code of Federal Regulations,
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1 if such activity is permitted under part 119 of

2 such title.

3 ‘‘(B) LIMIT ON EXCEPTIONS.—Not more

4 than five flights in any 30-day period over a

5 single national park may be conducted under

6 this paragraph.

7 ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE8 MENTS.—Notwithstanding subsection (d), an existing

9 commercial air tour operator shall apply, not later

10 than 90 days after the date of the enactment of this

11 section, for operating authority under part 119, 121,

12 or 135 of title 14, Code of Federal Regulations. A new

13 entrant commercial air tour operator shall apply for

14 such authority before conducting commercial air tour

15 operations over a national park (including tribal

16 lands). The Administrator shall act on any such ap17 plication for a new entrant and issue a decision on

18 the application not later than 24 months after it is

19 received or amended.

20 ‘‘(b) AIR TOUR MANAGEMENT PLANS.—

21 ‘‘(1) ESTABLISHMENT.—

22 ‘‘(A) IN GENERAL.—The Administrator, in

23 cooperation with the Director, shall establish an

24 air tour management plan for any national

25 park (including tribal lands) for which such a
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1 plan is not in effect whenever a person applies

2 for authority to conduct a commercial air tour

3 operation over the park. The air tour manage4 ment plan shall be developed by means of a pub5 lic process in accordance with paragraph (4).

6 ‘‘(B) OBJECTIVE.—The objective of any air

7 tour management plan shall be to develop accept8 able and effective measures to mitigate or pre9 vent the significant adverse impacts, if any, of

10 commercial air tours upon the natural and cul11 tural resources, visitor experiences, and tribal

12 lands.

13 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es14 tablishing an air tour management plan under this

15 subsection, the Administrator and the Director shall

16 each sign the environmental decision document re17 quired by section 102 of the National Environmental

18 Policy Act of 1969 (42 U.S.C. 4332) (including a

19 finding of no significant impact, an environmental

20 assessment, and an environmental impact statement)

21 and the record of decision for the air tour manage22 ment plan.

23 ‘‘(3) CONTENTS.—An air tour management plan

24 for a national park—
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1 ‘‘(A) may limit or prohibit commercial air

2 tour operations;

3 ‘‘(B) may establish conditions for the con4 duct of commercial air tour operations, includ5 ing commercial air tour operation routes, max6 imum or minimum altitudes, time-of-day re7 strictions, restrictions for particular events, max8 imum number of flights per unit of time, intru9 sions on privacy on tribal lands, and mitigation

10 of adverse noise, visual, or other impacts;

11 ‘‘(C) may apply to all commercial air tour

12 operations;

13 ‘‘(D) shall include incentives (such as pre14 ferred commercial air tour operation routes and

15 altitudes and relief from flight caps and curfews)

16 for the adoption of quiet aircraft technology by

17 commercial air tour operators conducting com18 mercial air tour operations over the park;

19 ‘‘(E) shall provide a system for allocating

20 opportunities to conduct commercial air tours if

21 the air tour management plan includes a limita22 tion on the number of commercial air tour oper23 ations for any time period; and

24 ‘‘(F) shall justify and document the need for

25 measures taken pursuant to subparagraphs (A)
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1 through (E) and include such justifications in

2 the record of decision.

3 ‘‘(4) PROCEDURE.—In establishing an air tour

4 management plan for a national park (including

5 tribal lands), the Administrator and the Director

6 shall—

7 ‘‘(A) hold at least one public meeting with

8 interested parties to develop the air tour man9 agement plan;

10 ‘‘(B) publish the proposed plan in the Fed11 eral Register for notice and comment and make

12 copies of the proposed plan available to the pub13 lic;

14 ‘‘(C) comply with the regulations set forth

15 in sections 1501.3 and 1501.5 through 1501.8 of

16 title 40, Code of Federal Regulations (for pur17 poses of complying with the regulations, the Fed18 eral Aviation Administration shall be the lead

19 agency and the National Park Service is a co20 operating agency); and

21 ‘‘(D) solicit the participation of any Indian

22 tribe whose tribal lands are, or may be,

23 overflown by aircraft involved in a commercial

24 air tour operation over the park, as a cooper-
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1 ating agency under the regulations referred to in

2 subparagraph (C).

3 ‘‘(5) JUDICIAL REVIEW.—An air tour manage4 ment plan developed under this subsection shall be

5 subject to judicial review.

6 ‘‘(6) AMENDMENTS.—The Administrator, in co7 operation with the Director, may make amendments

8 to an air tour management plan. Any such amend9 ments shall be published in the Federal Register for

10 notice and comment. A request for amendment of an

11 air tour management plan shall be made in such

12 form and manner as the Administrator may pre13 scribe.

14 ‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR OP15 ERATION STATUS.—In making a determination of whether

16 a flight is a commercial air tour operation, the Adminis17 trator may consider—

18 ‘‘(1) whether there was a holding out to the pub19 lic of willingness to conduct a sightseeing flight for

20 compensation or hire;

21 ‘‘(2) whether a narrative that referred to areas or

22 points of interest on the surface below the route of the

23 flight was provided by the person offering the flight;

24 ‘‘(3) the area of operation;
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1 ‘‘(4) the frequency of flights conducted by the

2 person offering the flight;

3 ‘‘(5) the route of flight;

4 ‘‘(6) the inclusion of sightseeing flights as part of

5 any travel arrangement package offered by the person

6 offering the flight;

7 ‘‘(7) whether the flight would have been canceled

8 based on poor visibility of the surface below the route

9 of the flight; and

10 ‘‘(8) any other factors that the Administrator

11 considers appropriate.

12 ‘‘(d) INTERIM OPERATING AUTHORITY.—

13 ‘‘(1) IN GENERAL.—Upon application for oper14 ating authority, the Administrator shall grant in15 terim operating authority under this subsection to a

16 commercial air tour operator for commercial air tour

17 operations over a national park (including tribal

18 lands) for which the operator is an existing commer19 cial air tour operator.

20 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In21 terim operating authority granted under this

22 subsection—

23 ‘‘(A) shall provide annual authorization

24 only for the greater of—
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1 ‘‘(i) the number of flights used by the

2 operator to provide such tours within the

3 12-month period prior to the date of the en4 actment of this section; or

5 ‘‘(ii) the average number of flights per

6 12-month period used by the operator to

7 provide such tours within the 36-month pe8 riod prior to such date of the enactment,

9 and, for seasonal operations, the number of

10 flights so used during the season or seasons

11 covered by that 12-month period;

12 ‘‘(B) may not provide for an increase in the

13 number of commercial air tour operations con14 ducted during any time period by the commer15 cial air tour operator above the number that the

16 air tour operator was originally granted unless

17 such an increase is agreed to by the Adminis18 trator and the Director;

19 ‘‘(C) shall be published in the Federal Reg20 ister to provide notice and opportunity for com21 ment;

22 ‘‘(D) may be revoked by the Administrator

23 for cause;
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1 ‘‘(E) shall terminate 180 days after the date

2 on which an air tour management plan is estab3 lished for the park or the tribal lands;

4 ‘‘(F) shall promote protection of national

5 park resources, visitor experiences, and tribal

6 lands;

7 ‘‘(G) shall promote safe operations of the

8 commercial air tour;

9 ‘‘(H) shall promote the adoption of quiet

10 technology, as appropriate; and

11 ‘‘(I) shall allow for modifications of the op12 eration based on experience if the modification

13 improves protection of national park resources

14 and values and of tribal lands.

15 ‘‘(e) EXEMPTIONS.—

16 ‘‘(1) IN GENERAL.—Except as provided by para17 graph (2), this section shall not apply to—

18 ‘‘(A) the Grand Canyon National Park;

19 ‘‘(B) tribal lands within or abutting the

20 Grand Canyon National Park; or

21 ‘‘(C) any unit of the National Park System

22 located in Alaska or any other land or water lo23 cated in Alaska.

24 ‘‘(2) EXCEPTION.—This section shall apply to

25 the Grand Canyon National Park if section 3 of Pub-
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1 lic Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat. 674–

2 678) is no longer in effect.

3 ‘‘(3) LAKE MEAD.—This section shall not apply

4 to any air tour operator while flying over or near the

5 Lake Mead National Recreation Area solely, as a

6 transportation route, to conduct an air tour over the

7 Grand Canyon National Park.

8 ‘‘(f) DEFINITIONS.—In this section, the following defi9 nitions apply:

10 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The

11 term ‘commercial air tour operator’ means any per12 son who conducts a commercial air tour operation.

13 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER14 ATOR.—The term ‘existing commercial air tour oper15 ator’ means a commercial air tour operator that was

16 actively engaged in the business of providing commer17 cial air tour operations over a national park at any

18 time during the 12-month period ending on the date

19 of the enactment of this section.

20 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP21 ERATOR.—The term ‘new entrant commercial air tour

22 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 pro5 viding commercial air tour operations over the

6 national park (including tribal lands) in the 12-

7 month period preceding the application.

8 ‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The

9 term ‘commercial air tour operation’ means any

10 flight, conducted for compensation or hire in a pow11 ered aircraft where a purpose of the flight is sightseeing over a national park, within 1 12 ⁄2 mile outside

13 the boundary of any national park, or over tribal

14 lands, during which the aircraft flies—

15 ‘‘(A) below a minimum altitude, determined

16 by the Administrator in cooperation with the Di17 rector, above ground level (except solely for pur18 poses of takeoff or landing, or necessary for safe

19 operation of an aircraft as determined under the

20 rules and regulations of the Federal Aviation

21 Administration requiring the pilot-in-command

22 to take action to ensure the safe operation of the

23 aircraft); or
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1 ‘‘(B) less than 1 mile laterally from any ge2 ographic feature within the park (unless more

than 1 3 ⁄2 mile outside the boundary).

4 ‘‘(5) NATIONAL PARK.—The term ‘national park’

5 means any unit of the National Park System.

6 ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’

7 means Indian country (as that term is defined in sec8 tion 1151 of title 18) that is within or abutting a na9 tional park.

10 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis11 trator’ means the Administrator of the Federal Avia12 tion Administration.

13 ‘‘(8) DIRECTOR.—The term ‘Director’ means the

14 Director of the National Park Service.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 401 is further amended by adding at the end the

17 following:

‘‘40126. Overflights of national parks.’’.

18 SEC. 804. ADVISORY GROUP.

19 (a) ESTABLISHMENT.—Not later than 1 year after the

20 date of the enactment of this Act, the Administrator and

21 the Director of the National Park Service shall jointly estab22 lish an advisory group to provide continuing advice and

23 counsel with respect to commercial air tour operations over

24 and near national parks.

25 (b) MEMBERSHIP.—
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1 (1) IN GENERAL.—The advisory group shall be

2 composed of—

3 (A) a balanced group of—

4 (i) representatives of general aviation;

5 (ii) representatives of commercial air

6 tour operators;

7 (iii) representatives of environmental

8 concerns; and

9 (iv) representatives of Indian tribes;

10 (B) a representative of the Federal Aviation

11 Administration; and

12 (C) a representative of the National Park

13 Service.

14 (2) EX OFFICIO MEMBERS.—The Administrator

15 (or the designee of the Administrator) and the Direc16 tor (or the designee of the Director) shall serve as ex

17 officio members.

18 (3) CHAIRPERSON.—The representative of the

19 Federal Aviation Administration and the representa20 tive of the National Park Service shall serve alter21 nating 1-year terms as chairman of the advisory

22 group, with the representative of the Federal Aviation

23 Administration serving initially until the end of the

24 calendar year following the year in which the advi25 sory group is first appointed.
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1 (c) DUTIES.—The advisory group shall provide advice,

2 information, and recommendations to the Administrator

3 and the Director—

4 (1) on the implementation of this title and the

5 amendments made by this title;

6 (2) on commonly accepted quiet aircraft tech7 nology for use in commercial air tour operations over

8 national parks (including tribal lands), which will

9 receive preferential treatment in a given air tour

10 management plan;

11 (3) on other measures that might be taken to ac12 commodate the interests of visitors to national parks;

13 and

14 (4) at request of the Administrator and the Di15 rector, safety, environmental, and other issues related

16 to commercial air tour operations over a national

17 park (including tribal lands).

18 (d) COMPENSATION; SUPPORT; FACA.—

19 (1) COMPENSATION AND TRAVEL.—Members of

20 the advisory group who are not officers or employees

21 of the United States, while attending conferences or

22 meetings of the group or otherwise engaged in its

23 business, or while serving away from their homes or

24 regular places of business, may be allowed travel ex25 penses, including per diem in lieu of subsistence, as
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1 authorized by section 5703 of title 5, United States

2 Code, for persons in the Government service employed

3 intermittently.

4 (2) ADMINISTRATIVE SUPPORT.—The Federal

5 Aviation Administration and the National Park

6 Service shall jointly furnish to the advisory group

7 clerical and other assistance.

8 (3) NONAPPLICATION OF FACA.—Section 14 of

9 the Federal Advisory Committee Act (5 U.S.C. App.)

10 does not apply to the advisory group.

11 SEC. 805. REPORTS.

12 (a) OVERFLIGHT FEE REPORT.—Not later than 180

13 days after the date of the enactment of this Act, the Admin14 istrator shall transmit to Congress a report on the effects

15 overflight fees are likely to have on the commercial air tour

16 operation industry. The report shall include, but shall not

17 be limited to—

18 (1) the viability of a tax credit for the commer19 cial air tour operators equal to the amount of any

20 overflight fees charged by the National Park Service;

21 and

22 (2) the financial effects proposed offsets are likely

23 to have on Federal Aviation Administration budgets

24 and appropriations.
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1 (b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not

2 later than 2 years after the date of the enactment of this

3 Act, the Administrator and the Director shall jointly trans4 mit a report to Congress on the effectiveness of this title

5 in providing incentives for the development and use of quiet

6 aircraft technology.

7 SEC. 806. METHODOLOGIES USED TO ASSESS AIR TOUR

8 NOISE.

9 Any methodology adopted by a Federal agency to as10 sess air tour noise in any unit of the national park system

11 (including the Grand Canyon and Alaska) shall be based

12 on reasonable scientific methods.

13 SEC. 807. EXEMPTIONS.

14 This title shall not apply to—

15 (1) any unit of the National Park System lo16 cated in Alaska; or

17 (2) any other land or water located in Alaska.

18 SEC. 808. DEFINITIONS.

19 In this title, the following definitions apply:

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Federal Avia22 tion Administration.

23 (2) DIRECTOR.—The term ‘‘Director’’ means the

24 Director of the National Park Service.
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1 TITLE IX—TRUTH IN BUDGETING

2 SEC. 901. SHORT TITLE.

3 This title may be cited as the ‘‘Truth in Budgeting

4 Act’’.

5 SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR6 WAY TRUST FUND.

7 Notwithstanding any other provision of law, the re8 ceipts and disbursements of the Airport and Airway Trust

9 Fund established by section 9502 of the Internal Revenue

10 Code of 1986—

11 (1) shall not be counted as new budget authority,

12 outlays, receipts, or deficit or surplus for purposes

13 of—

14 (A) the budget of the United States Govern15 ment as submitted by the President;

16 (B) the congressional budget (including al17 locations of budget authority and outlays pro18 vided therein); or

19 (C) the Balanced Budget and Emergency

20 Deficit Control Act of 1985; and

21 (2) shall be exempt from any general budget lim22 itation imposed by statute on expenditures and net

23 lending (budget outlays) of the United States Govern24 ment.
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1 SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

2 OF AIRPORT AND AIRWAY TRUST FUND.

3 (a) IN GENERAL.—Subchapter I of chapter 471 is fur4 ther amended by adding at the end the following:

5 ‘‘§ 47138. Safeguards against deficit spending

6 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR7 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

8 March 31 of each year, the Secretary of Transportation, in

9 consultation with the Secretary of the Treasury, shall

10 estimate—

11 ‘‘(1) the amount which would (but for this sec12 tion) be the unfunded aviation authorizations at the

13 close of the first fiscal year that begins after that

14 March 31; and

15 ‘‘(2) the net aviation receipts to be credited to

16 the Airport and Airway Trust Fund during the fiscal

17 year.

18 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

19 AUTHORIZATIONS.—If the Secretary of Transportation de20 termines for any fiscal year that the amount described in

21 subsection (a)(1) exceeds the amount described in subsection

22 (a)(2), the Secretary shall determine the amount of such

23 excess.

24 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

25 AUTHORIZATIONS EXCEED RECEIPTS.—
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1 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

2 Secretary determines that there is an excess referred

3 to in subsection (b) for a fiscal year, the Secretary

4 shall determine the percentage which—

5 ‘‘(A) such excess, is of

6 ‘‘(B) the total of the amounts authorized to

7 be appropriated from the Airport and Airway

8 Trust Fund for the next fiscal year.

9 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the

10 Secretary determines a percentage under paragraph

11 (1), each amount authorized to be appropriated from

12 the Airport and Airway Trust Fund for the next fis13 cal year shall be reduced by such percentage.

14 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH15 HELD.—

16 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

17 after a reduction has been made under subsection

18 (c)(2), the Secretary determines that the amount de19 scribed in subsection (a)(1) does not exceed the

20 amount described in subsection (a)(2) or that the ex21 cess referred to in subsection (b) is less than the

22 amount previously determined, each amount author23 ized to be appropriated that was reduced under sub24 section (c)(2) shall be increased, by an equal percent25 age, to the extent the Secretary determines that it
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1 may be so increased without causing the amount de2 scribed in subsection (a)(1) to exceed the amount de3 scribed in subsection (a)(2) (but not by more than the

4 amount of the reduction).

5 ‘‘(2) APPORTIONMENT.—The Secretary shall ap6 portion amounts made available for apportionment

7 by paragraph (1).

8 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap9 portioned under paragraph (2) shall remain available

10 for the period for which they would be available if

11 such apportionment took effect with the fiscal year in

12 which they are apportioned under paragraph (2).

13 ‘‘(e) REPORTS.—Any estimate under subsection (a)

14 and any determination under subsection (b), (c), or (d)

15 shall be reported by the Secretary to Congress.

16 ‘‘(f) DEFINITIONS.—For purposes of this section, the

17 following definitions apply:

18 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

19 aviation receipts’ means, with respect to any period,

20 the excess of—

21 ‘‘(A) the receipts (including interest) of the

22 Airport and Airway Trust Fund during such pe23 riod, over

24 ‘‘(B) the amounts to be transferred during

25 such period from the Airport and Airway Trust
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1 Fund under section 9502(d) of the Internal Rev2 enue Code of 1986 (other than paragraph (1)

3 thereof).

4 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

5 The term ‘unfunded aviation authorization’ means, at

6 any time, the excess (if any) of—

7 ‘‘(A) the total amount authorized to be ap8 propriated from the Airport and Airway Trust

9 Fund which has not been appropriated, over

10 ‘‘(B) the amount available in the Airport

11 and Airway Trust Fund at such time to make

12 such appropriation (after all other unliquidated

13 obligations at such time which are payable from

14 the Airport and Airway Trust Fund have been

15 liquidated).’’.

16 (b) CONFORMING AMENDMENT.—The analysis for sub17 chapter I of chapter 471 is further amended by adding at

18 the end the following:

‘‘47138. Safeguards against deficit spending.’’.

19 SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING

20 LIMITS.

21 When the President submits the budget under section

22 1105(a) of title 31, United States Code, for fiscal year 2001,

23 the Director of the Office of Management and Budget shall,

24 pursuant to section 251(b)(1)(A) of the Balanced Budget

25 and Emergency Deficit Control Act of 1985, calculate and
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1 the budget shall include appropriate reductions to the dis2 cretionary spending limits for each of fiscal years 2001 and

3 2002 set forth in section 251(c)(5)(A) and section

4 251(c)(6)(A) of that Act (as adjusted under section 251 of

5 that Act) to reflect the discretionary baseline trust fund

6 spending (without any adjustment for inflation) for the

7 Federal Aviation Administration that is subject to section

8 902 of this Act for each of those two fiscal years.

9 SEC. 905. APPLICABILITY.

10 This title (including the amendments made by this

11 Act) shall apply to fiscal years beginning after September

12 30, 2000.

13 TITLE X—ADJUSTMENT OF

14 TRUST FUND AUTHORIZATIONS

15 SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZA16 TIONS.

17 (a) IN GENERAL.—Part C of subtitle VII is amended

18 by adding at the end the following:

19 ‘‘CHAPTER 483—ADJUSTMENT OF TRUST

20 FUND AUTHORIZATIONS

‘‘Sec.

‘‘48301. Definitions.

‘‘48302. Adjustments to align aviation authorizations with revenues.

‘‘48303. Adjustment to AIP program funding.

‘‘48304. Estimated aviation income.

21 ‘‘§ 48301. Definitions

22 ‘‘In this chapter, the following definitions apply:
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1 ‘‘(1) BASE YEAR.—The term ‘base year’ means

2 the second fiscal year before the fiscal year for which

3 the calculation is being made.

4 ‘‘(2) AIP PROGRAM.—The term ‘AIP program’

5 means the programs for which amounts are made

6 available under section 48103.

7 ‘‘(3) AVIATION INCOME.—The term ‘aviation in8 come’ means the tax receipts credited to the Airport

9 and Airway Trust Fund and any interest attributable

10 to the Fund.

11 ‘‘§ 48302. Adjustment to align aviation authorizations

12 with revenues

13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Begin14 ning with fiscal year 2003, if the actual level of aviation

15 income for the base year is greater or less than the estimated

16 aviation income level specified in section 48304 for the base

17 year, the amounts authorized to be appropriated (or made

18 available) for the fiscal year under each of sections 106(k),

19 48101, 48102, and 48103 are adjusted as follows:

20 ‘‘(1) If the actual level of aviation income for the

21 base year is greater than the estimated aviation in22 come level specified in section 48304 for the base year,

23 the amount authorized to be appropriated (or made

24 available) for such section is increased by an amount

25 determined by multiplying the amount of the excess
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1 by the ratio for such section set forth in subsection

2 (b).

3 ‘‘(2) If the actual level of aviation income for the

4 base year is less than the estimated aviation income

5 level specified in section 48304 for the base year, the

6 amount authorized to be appropriated (or made

7 available) for such section is decreased by an amount

8 determined by multiplying the amount of the shortfall

9 by the ratio for such section set forth in subsection

10 (b).

11 ‘‘(b) RATIO.—The ratio referred to in subsection (a)

12 with respect to section 106(k), 48101, 48102, or 48103, as

13 the case may be, is the ratio that—

14 ‘‘(1) the amount authorized to be appropriated

15 (or made available) under such section for the fiscal

16 year; bears to

17 ‘‘(2) the total sum of amounts authorized to be

18 appropriated (or made available) under all of such

19 sections for the fiscal year.

20 ‘‘(c) PRESIDENT’S BUDGET.—When the President sub21 mits a budget for a fiscal year under section 1105 of title

22 31, United States Code, the Director of the Office of Man23 agement and Budget shall calculate and the budget shall

24 report any increase or decrease in authorization levels re25 sulting from this section.
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1 ‘‘§ 48303. Adjustment to AIP program funding

2 ‘‘On the effective date of a general appropriations Act

3 providing appropriations for a fiscal year beginning after

4 September 30, 2000, for the Federal Aviation Administra5 tion, the amount made available for a fiscal year under

6 section 48103 shall be increased by the amount, if any, by

7 which—

8 ‘‘(1) the total sum of amounts authorized to be

9 appropriated under all of sections 106(k), 48101, and

10 48102 for such fiscal year, including adjustments

11 made under section 48302; exceeds

12 ‘‘(2) the amounts appropriated for programs

13 funded under such sections for such fiscal year.

14 Any contract authority made available by this section shall

15 be subject to an obligation limitation.

16 ‘‘§ 48304. Estimated aviation income

17 ‘‘For purposes of section 48302, the estimated aviation

18 income levels are as follows:

19 ‘‘(1) $10,734,000,000 for fiscal year 2001.

20 ‘‘(2) $11,603,000,000 for fiscal year 2002.

21 ‘‘(3) $12,316,000,000 for fiscal year 2003.

22 ‘‘(4) $13,062,000,000 for fiscal year 2004.’’.

23 (b) CONFORMING AMENDMENT.—The table of chapters

24 for subtitle VII of such title is amended by inserting after

25 the item relating to chapter 482 the following:

‘‘483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS ............. 48301’’.
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1 SEC. 1002. BUDGET ESTIMATES.

2 Upon the enactment of this Act, the Director of the

3 Office of Management and Budget shall not make any esti4 mates under section 252(d) of the Balanced Budget and

5 Emergency Deficit Control Act of 1985 of changes in direct

6 spending outlays and receipts for any fiscal year resulting

7 from this title and title IX, including the amendments made

8 by such titles.

9 SEC. 1003. SENSE OF THE CONGRESS ON FULLY OFFSET10 TING INCREASED AVIATION SPENDING.

11 It is the sense of the Congress that—

12 (1) air passengers and other users of the air

13 transportation system pay aviation taxes into a trust

14 fund dedicated solely to improve the safety, security,

15 and efficiency of the aviation system;

16 (2) from fiscal year 2001 to fiscal year 2004, air

17 passengers and other users will pay more than $14.3

18 billion more in aviation taxes into the Airport and

19 Airway Trust Fund than the concurrent resolution on

20 the budget for fiscal year 2000 provides from such

21 Fund for aviation investment under historical fund22 ing patterns;

23 (3) the Aviation Investment and Reform Act for

24 the 21st Century provides $14.3 billion of aviation

25 investment above the levels assumed in that budget

26 resolution for such fiscal years; and
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1 (4) this increased funding will be fully offset by

2 recapturing unspent aviation taxes and reducing the

3 $778 billion general tax cut assumed in that budget

4 resolution by the appropriate amount.

5 TITLE XI—EXTENSION OF AIR6 PORT AND AIRWAY TRUST

7 FUND EXPENDITURE AU8 THORITY

9 SEC. 1101. EXTENSION OF EXPENDITURE AUTHORITY.

10 (a) IN GENERAL.—Paragraph (1) of section 9502(d)

11 of the Internal Revenue Code of 1986 (relating to expendi12 tures from Airport and Airway Trust Fund) is amended—

13 (1) by striking ‘‘October 1, 1998’’ and inserting

14 ‘‘October 1, 2004’’; and

15 (2) by inserting before the semicolon at the end

16 of subparagraph (A) the following ‘‘or the provisions

17 of the Omnibus Consolidated and Emergency Supple18 mental Appropriations Act, 1999 providing for pay19 ments from the Airport and Airway Trust Fund or

20 the Interim Federal Aviation Administration Author21 ization Act or section 6002 of the 1999 Emergency

22 Supplemental Appropriations Act or the Aviation In23 vestment and Reform Act for the 21st Century’’.
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1 (b) LIMITATION ON EXPENDITURE AUTHORITY.—Sec2 tion 9502 of such Code is amended by adding at the end

3 the following new subsection:

4 ‘‘(f) LIMITATION ON TRANSFERS TO TRUST FUND.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), no amount may be appropriated or cred7 ited to the Airport and Airway Trust Fund on and

8 after the date of any expenditure from the Airport

9 and Airway Trust Fund which is not permitted by

10 this section. The determination of whether an expend11 iture is so permitted shall be made without regard

12 to—

13 ‘‘(A) any provision of law which is not con14 tained or referenced in this title or in a revenue

15 Act; and

16 ‘‘(B) whether such provision of law is a sub17 sequently enacted provision or directly or indi18 rectly seeks to waive the application of this sub19 section.

20 ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.—

21 Paragraph (1) shall not apply to any expenditure to

22 liquidate any contract entered into (or for any

23 amount otherwise obligated) before October 1, 1999,

24 in accordance with the provisions of this section.’’.
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Amend the title so as to read ‘‘An Act to amend title

49, United States Code, to reauthorize programs of the

Federal Aviation Administration, and for other purposes.’’.

Attest:

Clerk.