II

106TH CONGRESS

1ST SESSION S. 1682

To amend title 49, United States Code, to authorize management reforms

of the Federal Aviation Administration, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 1, 1999

Mr. ROCKEFELLER (for himself and Mr. GORTON) introduced the following

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

Science, and Transportation

A BILL

To amend title 49, United States Code, to authorize management reforms of the Federal Aviation Administration,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Air Traffic Manage5 ment Improvement Act of 1999’’.

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

7 Except as otherwise specifically provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or repeal of, a section or other provi-
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1 sion of law, the reference shall be considered to be made

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

3 Code.

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Federal

8 Aviation Administration.

9 (2) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Department of Transportation.

11 SEC. 4. FINDINGS.

12 The Congress makes the following findings:

13 (1) The nation’s air transportation system is

14 projected to grow by 3.4 percent per year over the

15 next 12 years.

16 (2) Passenger enplanements are expected to

17 rise to more than 1 billion by 2009, from the cur18 rent level of 660 million.

19 (3) The aviation industry is one of our Nation’s

20 critical industries, providing a means of travel to

21 people throughout the world, and a means of moving

22 cargo around the globe.

23 (4) The ability of all sectors of American soci24 ety, urban and rural, to to access and to compete ef25 fectively in the new and dynamic global economy re-
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1 quires the ability of the aviation industry to serve all

2 the Nation’s communities effectively and efficiently.

3 (5) The Federal government’s role is to pro4 mote a safe and efficient national air transportation

5 system through the management of the air traffic

6 control system and through effective and sufficient

7 investment in aviation infrastructure, including the

8 Nation’s airports.

9 (6) Numerous studies and reports, including

10 the National Civil Aviation Review Commission, have

11 concluded that the projected expansion of air service

12 may be constrained by gridlock in our Nation’s air13 ways, unless substantial management reforms are

14 initiated for the Federal Aviation Administration.

15 (7) The Federal Aviation Administration is re16 sponsible for safely and efficiently managing the Na17 tional Airspace System 365 days a year, 24 hours a

18 day.

19 (8) The Federal Aviation Administration’s abil20 ity to efficiently manage the air traffic system in the

21 United States is restricted by antiquated air traffic

22 control equipment.

23 (9) The Congress has previously recognized

24 that the Administrator needs relief from the Federal

25 government’s cumbersome personnel and procure-
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1 ment laws and regulations to take advantage of

2 emerging technologies and to hire and retain effec3 tive managers.

4 (10) The ability of the Administrator to achieve

5 greater efficiencies in the management of the air

6 traffic control system requires additional manage7 ment reforms, such as the ability to offer incentive

8 pay for excellence in the employee workforce.

9 (11) The ability of the Administrator to effec10 tively manage finances is dependent in part on the

11 Federal Aviation Administration’s ability to enter

12 into long-term debt and lease financing of facilities

13 and equipment, which in turn are dependent on sus14 tained sound audits and implementation of a cost

15 management program.

16 (12) The Administrator should use the full au17 thority of the Federal Aviation Administration to

18 make organizational changes to improve the effi19 ciency of the air traffic control system, without com20 promising the Federal Aviation Administration’s pri21 mary mission of protecting the safety of the travel22 ling public.

23 SEC. 5. AIR TRAFFIC CONTROL SYSTEM DEFINED.

24 Section 40102(a) is amended—
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1 (1) by redesignating paragraphs (5) through

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

3 and

4 (2) by inserting after paragraph (4) the fol5 lowing:

6 ‘‘(5) ‘air traffic control system’ means the com7 bination of elements used to safely and efficiently

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

9 United States and United States-assigned airspace,

10 including—

11 ‘‘(A) allocated electromagnetic spectrum

12 and physical, real, personal, and intellectual

13 property assets making up facilities, equipment,

14 and systems employed to detect, track, and

15 guide aircraft movement;

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

17 agreements, and licenses;

18 ‘‘(C) published procedures that explain re19 quired actions, activities, and techniques used

20 to ensure adequate aircraft separation; and

21 ‘‘(D) trained personnel with specific tech22 nical capabilities to satisfy the operational, en23 gineering, management, and planning require24 ments for air traffic control.’’.
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1 SEC. 6. CHIEF OPERATING OFFICER FOR AIR TRAFFIC

2 SERVICES.

3 (a) Section 106 is amended by adding at the end the

4 following:

5 ‘(r) CHIEF OPERATING OFFICER.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) APPOINTMENT.—There shall be a

8 Chief Operating Officer for the air traffic con9 trol system to be appointed by the Adminis10 trator, after consultation with the Management

11 Advisory Council. The Chief Operating Officer

12 shall report directly to the Administrator and

13 shall be subject to the authority of the Adminis14 trator.

15 ‘‘(B) QUALIFICATIONS.—The Chief Oper16 ating Officer shall have a demonstrated ability

17 in management and knowledge of or experience

18 in aviation.

19 ‘‘(C) TERM.—The Chief Operating Officer

20 shall be appointed for a term of 5 years.

21 ‘‘(D) REMOVAL.—The Chief Operating Of22 ficer shall serve at the pleasure of the Adminis23 trator, except that the Administrator shall

24 make every effort to ensure stability and con25 tinuity in the leadership of the air traffic con26 trol system.
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1 ‘‘(E) COMPENSATION.—

2 ‘‘(i) The Chief Operating Officer shall

3 be paid at an annual rate of basic pay not

4 to exceed that of the Administrator, includ5 ing any applicable locality-based payment.

6 This basic rate of pay shall subject the

7 chief operating officer to the post-employ8 ment provisions of section 207 of title 18

9 as if this position were described in section

10 207(c)(2)(A)(i) of that title.

11 ‘‘(ii) In addition to the annual rate of

12 basic pay authorized by paragraph (1) of

13 this subsection, the Chief Operating Offi14 cer may receive a bonus not to exceed 50

15 percent of the annual rate of basic pay,

16 based upon the Administrator’s evaluation

17 of the Chief Operating Officer’s perform18 ance in relation to the performance goals

19 set forth in the performance agreement de20 scribed in subsection (b) of this section. A

21 bonus may not cause the Chief Operating

22 Officer’s total aggregate compensation in a

23 calendar year to equal or exceed the

24 amount of the President’s salary under

25 section 102 of title 3, United States Code.
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1 ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—

2 The Administrator and the Chief Operating Officer

3 shall enter into an annual performance agreement

4 that sets forth measurable organization and indi5 vidual goals for the Chief Operating Officer in key

6 operational areas. The agreement shall be subject to

7 review and renegotiation on an annual basis.

8 ‘‘(3) ANNUAL PERFORMANCE REPORT.—The

9 Chief Operating Officer shall prepare and submit to

10 the Secretary of Transportation and Congress an

11 annual management report containing such informa12 tion as may be prescribed by the Secretary.’.

13 ‘‘(4) RESPONSIBILITIES.—The Administrator

14 may delegate to the Chief Operating Officer, or any

15 other authority within the Federal Aviation Adminis16 tration responsibilities, including, but not limited to

17 the following:

18 ‘‘(A) STRATEGIC PLANS.—To develop a

19 strategic plan of the Federal Aviation Adminis20 tration for the air traffic control system, includ21 ing the establishment of—

22 ‘‘(i) a mission and objectives;

23 ‘‘(ii) standards of performance relative

24 to such mission and objectives, including

25 safety, efficiency, and productivity; and
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1 ‘‘(iii) annual and long-range strategic

2 plans.

3 ‘‘(iv) methods of the Federal Aviation

4 Administration to accelerate air traffic

5 control modernization and improvements in

6 aviation safety related to air traffic con7 trol.

8 ‘‘(B) OPERATIONS.—To review the oper9 ational functions of the Federal Aviation Ad10 ministration, including—

11 ‘‘(i) modernization of the air traffic

12 control system;

13 ‘‘(ii) increasing productivity or imple14 menting cost-saving measures; and

15 ‘‘(iii) training and education.

16 ‘‘(C) BUDGET.—To—

17 ‘‘(i) develop a budget request of the

18 Federal Aviation Administration related to

19 the air traffic control system prepared by

20 the Administrator;

21 ‘(ii) submit such budget request to the

22 Administrator and the Secretary of Trans23 portation; and

24 ‘‘(iii) ensure that the budget request

25 supports the annual and long-range stra-
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1 tegic plans developed under paragraph

2 (4)(A) of this subsection.

3 ‘‘(5) BUDGET SUBMISSION.—The Secretary

4 shall submit the budget request prepared under

5 paragraph (4)(D) of this subsection for any fiscal

6 year to the President who shall submit such request,

7 without revision, to the Committees on Transpor8 tation and Infrastructure and Appropriations of the

9 House of Representatives and the Committees on

10 Commerce, Science, and Transportation and Appro11 priations of the Senate, together with the Presi12 dent’s annual budget request for the Federal Avia13 tion Administration for such fiscal year.’’.

14 SEC. 7. FEDERAL AVIATION MANAGEMENT ADVISORY

15 COUNCIL.

16 (a) MEMBERSHIP.—Section 106(p)(2)(C) is amended

17 to read as follows:

18 ‘‘(C) 13 members representing aviation in19 terests, appointed by—

20 (i) in the case of initial appointments

21 to the Council, the President by and with

22 the advice and consent of the Senate; and

23 ‘‘(ii) in the case of subsequent ap24 pointments to the Council, the Secretary of

25 Transportation.’’.
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1 (b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i)

2 is amended by striking ‘‘by the President’’.

3 (c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Sec4 tion 106(p)(6) is amended by adding at the end thereof

5 the following:

6 ‘‘(E) AIR TRAFFIC SERVICES SUB7 COMMITTEE.—The Chairman of the Manage8 ment Advisory Council shall constitute an Air

9 Traffic Services Subcommittee to provide com10 ments, recommend modifications, and provide

11 dissenting views to the Administrator on the

12 performance of air traffic services, including—

13 ‘‘(i) the performance of the Chief Op14 erating Officer and other senior managers

15 within the air traffic organization of the

16 Federal Aviation Administration;

17 ‘‘(ii) long-range and strategic plans

18 for air traffic services;

19 ‘‘(iii) review the Administrator’s selec20 tion, evaluation, and compensation of sen21 ior executives of the Federal Aviation Ad22 ministration who have program manage23 ment responsibility over significant func24 tions of the air traffic control system;
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1 ‘‘(iv) review and make recommenda2 tions to the Administrator’s plans for any

3 major reorganization of the Federal Avia4 tion Administration that would effect the

5 management of the air traffic control sys6 tem;

7 ‘‘(v) review, and make recommenda8 tions the Administrator’s cost allocation

9 system and financial management struc10 ture and technologies to help ensure effi11 cient and cost-effective air traffic control

12 operation.

13 ‘‘(vi) review the performance and co14 operation of managers responsible for

15 major acquisition projects, including the

16 ability of the managers to meet schedule

17 and budget targets; and

18 ‘‘(vii) other significant actions that

19 the Subcommittee considers appropriate

20 and that are consistent with the implemen21 tation of this Act.’’.

22 SEC. 8. COMPENSATION OF THE ADMINISTRATOR.

23 Section 106(b) is amended—

24 (1) by inserting ‘‘(1)’’ before ‘‘The’’; and

25 (2) by adding at the end the following:
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1 ‘‘(2) In addition to the annual rate of pay au2 thorized for the Administrator, the Administrator

3 may receive a bonus not to exceed 50 percent of the

4 annual rate of basic pay, based upon the Secretary’s

5 evaluation of the Administrator’s performance in re6 lation to the performance goals set forth in a per7 formance agreement. A bonus may not cause the

8 Administrator’s total aggregate compensation in a

9 calendar year to equal or exceed the amount of the

10 President’s salary under section 102 of title 3,

11 United States Code.’’.

12 SEC. 9. NATIONAL AIRSPACE REDESIGN.

13 (a) FINDINGS RELATING TO THE NATIONAL AIR14 SPACE.—The Congress makes the following additional

15 findings:

16 (1) The National airspace, comprising more

17 than 29 million square miles, handles more than

18 55,000 flights per day.

19 (2) Almost 2,000,000 passengers per day tra20 verse the United States through 20 major en route

21 centers including more than 700 different sectors.

22 (3) Redesign and review of the National air23 space may produce benefits for the travelling public

24 by increasing the efficiency and capacity of the air

25 traffic control system and reducing delays.
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1 (4) Redesign of the National airspace should be

2 a high priority for the Federal Aviation Administra3 tion and the air transportation industry.

4 (b) REDESIGN REPORT.—The Administrator, with

5 advice from the aviation industry and other interested par6 ties, shall conduct a comprehensive redesign of the na7 tional airspace system and shall submit a report to the

8 Committee on Commerce, Science, and Transportation of

9 the Senate and to the Committee on Transportation and

10 Infrastructure of the House on the Administrator’s com11 prehensive national airspace redesign. The report shall in12 clude projected milestones for completion of the redesign

13 and shall also include a date for completion. The report

14 must be submitted to the Congress no later than Decem15 ber 31, 2000. There are authorized to be appropriated to

16 the Administrator to carry out this section $12,000,000

17 for fiscal years 2000, 2001, and 2002.

18 SEC. 10. FAA COSTS AND ALLOCATIONS SYSTEM MANAGE19 MENT.

20 (a) REPORT ON THE COST ALLOCATION SYSTEM.—

21 No later than July 9, 2000, the Administrator shall sub22 mit a report to the Committee on Commerce, Science, and

23 Transportation of the Senate and the Committee on

24 Transportation and Infrastructure of the House on the

25 cost allocation system currently under development by the
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1 Federal Aviation Administration. The report shall include

2 a specific date for completion and implementation of the

3 cost allocation system throughout the agency and shall

4 also include the timetable and plan for the implementation

5 of a cost management system.

6 (b) INDEPENDENT ASSESSMENT.—

7 (1) IN GENERAL.—The Inspector General of

8 the Department of Transportation shall conduct the

9 assessments described in this subsection. To conduct

10 the assessments, the Inspector General may use the

11 staff and resources of the Inspector General or con12 tract with one or more independent entities.

13 (2) ASSESSMENT OF ADEQUACY AND ACCURACY

14 OF FEDERAL AVIATION ADMINISTRATION COST DATA

15 AND ATTRIBUTIONS.—

16 (A) IN GENERAL.—The Inspector General

17 shall conduct an assessment to ensure that the

18 method for calculating the overall costs of the

19 Federal Aviation Administration and attrib20 uting such costs to specific users is appropriate,

21 reasonable, and understandable to the users.

22 (B) COMPONENTS.—In conducting the as23 sessment under this paragraph, the Inspector

24 General shall assess the Federal Aviation Ad25 ministration’s definition of the services to which
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1 the Federal Aviation Administration ultimately

2 attributes its costs.

3 (3) COST EFFECTIVENESS.—

4 (A) IN GENERAL.—The Inspector General

5 shall assess the progress of the Federal Avia6 tion Administration in cost and performance

7 management, including use of internal and ex8 ternal benchmarking in improving the perform9 ance and productivity of the Federal Aviation

10 Administration.

11 (B) ANNUAL REPORTS.—Not later than

12 December 31, 2000, the Inspector General shall

13 transmit to Congress an updated report con14 taining the results of the assessment conducted

15 under this paragraph.

16 (C) INFORMATION TO BE INCLUDED IN

17 FEDERAL AVIATION ADMINISTRATION FINAN18 CIAL REPORT.—The Administrator shall include

19 in the annual financial report of the Federal

20 Aviation Administration information on the per21 formance of the Administration sufficient to

22 permit users and others to make an informed

23 evaluation of the progress of the Administration

24 in increasing productivity.
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1 SEC. 11. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.

2 (a) IN GENERAL.—Chapter 445 is amended by add3 ing at the end thereof the following:

4 ‘‘§ 44516. Air traffic modernization joint venture

5 pilot program

6 ‘‘(a) PURPOSE.—It is the purpose of this section to

7 improve aviation safety and enhance mobility of the na8 tion’s air transportation system by facilitating the use of

9 joint ventures and innovative financing, on a pilot pro10 gram basis, between the Federal Aviation Administration

11 and industry, to accelerate investment in critical air traffic

12 control facilities and equipment.

13 ‘‘(b) DEFINITIONS.—As used in this section:

14 ‘‘(1) ASSOCIATION.—The term ‘Association’

15 means the Air Traffic Modernization Association es16 tablished by this section.

17 ‘‘(2) PANEL.—The term ‘panel’ means the exec18 utive panel of the Air Traffic Modernization Associa19 tion.

20 ‘‘(3) OBLIGOR.—The term ‘obligor’ means a

21 public airport, an air carrier or foreign air carrier,

22 or a consortium consisting of 2 or more of such enti23 ties.

24 ‘‘(4) ELIGIBLE PROJECT.—The term ‘eligible

25 project’ means a project relating to the nation’s air

26 traffic control system that promotes safety, effi-
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1 ciency or mobility, and is included in the Airway

2 Capital Investment Plan required by section 44502,

3 including—

4 ‘‘(A) airport-specific air traffic facilities

5 and equipment, including local area augmenta6 tion systems, instrument landings systems,

7 weather and wind shear detection equipment,

8 lighting improvements and control towers;

9 ‘‘(B) automation tools to effect improve10 ments in airport capacity, including passive

11 final approach spacing tools and traffic man12 agement advisory equipment; and

13 ‘‘(C) facilities and equipment that enhance

14 airspace control procedures, including consolida15 tion of terminal radar control facilities and

16 equipment, or assist in en route surveillance, in17 cluding oceanic and off-shore flight tracking.

18 ‘‘(5) SUBSTANTIAL COMPLETION.—The term

19 ‘substantial completion’ means the date upon which

20 a project becomes available for service.

21 ‘‘(c) AIR TRAFFIC MODERNIZATION ASSOCIATION.—

22 (1) IN GENERAL.—There may be established in

23 the District of Columbia a private, not for profit cor24 poration, which shall be known as the Air Traffic

25 Modernization Association, for the purpose of pro-
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1 viding assistance to obligors through arranging lease

2 and debt financing of eligible projects.

3 ‘‘(2) NON-FEDERAL ENTITY.—The Association

4 shall not be an agency, instrumentality or establish5 ment of the United States Government and shall not

6 be a ‘wholly-owned Government controlled corpora7 tion’ as defined in section 9101 of title 31, United

8 States Code. No action under section 1491 of title

9 28, United States Code, shall be allowable against

10 the United States based on the actions of the Asso11 ciation.

12 ‘‘(3) EXECUTIVE PANEL.—

13 ‘‘(A) The Association shall be under the di14 rection of an executive panel made up of 3

15 members, as follows:

16 ‘‘(i) 1 member shall be an employee of

17 the Federal Aviation Administration to be

18 appointed by the Administrator;

19 ‘‘(ii) 1 member shall be a representa20 tive of commercial air carriers, to be ap21 pointed by the Management Advisory

22 Council; and

23 ‘‘(iii) 1 member shall be a representa24 tive of operators of primary airports, to be
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1 appointed by the Management Advisory

2 Council.

3 ‘‘(B) The panel shall elect from among its

4 members a chairman who shall serve for a term

5 of 1 year and shall adopt such bylaws, policies,

6 and administrative provisions as are necessary

7 to the functioning of the Association.

8 ‘‘(4) POWERS, DUTIES AND LIMITATIONS.—Con9 sistent with sound business techniques and provisions of

10 this chapter, the Association is authorized—

11 ‘‘(A) to borrow funds and enter into lease

12 arrangements as lessee with other parties relat13 ing to the financing of eligible projects, pro14 vided that any public debt issuance shall be

15 rated investment grade by a nationally recog16 nized statistical rating organization;

17 ‘‘(B) to lend funds and enter into lease ar18 rangements as lessor with obligors, but—

19 ‘‘(i) the term of financing offered by

20 the Association shall not exceed the useful

21 life of the eligible project being financed,

22 as estimated by the Administrator; and

23 ‘‘(ii) the aggregate amount of com24 bined debt and lease financing provided
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1 under this subsection for air traffic control

2 facilities and equipment—

3 ‘‘(I) may not exceed

4 $500,000,000 per fiscal year for fiscal

5 years 2000, 2001, and 2002;

6 ‘‘(II) shall be used for not more

7 than 10 projects; and

8 ‘‘(III) may not provide funding in

9 excess of $50,000,000 for any single

10 project; and

11 ‘‘(C) to exercise all other powers that

12 are necessary and proper to carry out the

13 purposes of this section.

14 ‘‘(5) PROJECT SELECTION CRITERIA.—In se15 lecting eligible projects from applicants to be funded

16 under this section, the Association shall consider the

17 following criteria:

18 ‘‘(A) The eligible project’s contribution to

19 the national air transportation system, as out20 lined in the Federal Aviation Administration’s

21 modernization plan for alleviating congestion,

22 enhancing mobility, and improving safety.

23 ‘‘(B) The credit-worthiness of the revenue

24 stream pledged by the obligor.
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1 ‘‘(C) The extent to which assistance by the

2 Association will enable the obligor to accelerate

3 the date of substantial completion of the

4 project.

5 ‘‘(D) The extent of economic benefit to be

6 derived within the aviation industry, including

7 both public and private sectors.

8 ‘‘(d) AUTHORITY TO ENTER INTO JOINT VEN9 TURE.—

10 (1) IN GENERAL.—Subject to the conditions set

11 forth in this section, the Administrator of the Fed12 eral Aviation Administration is authorized to enter

13 into a joint venture, on a pilot program basis, with

14 Federal and non-Federal entities to establish the Air

15 Traffic Modernization Association described in sub16 section (c) for the purpose of acquiring, procuring or

17 utilizing of air traffic facilities and equipment in ac18 cordance with the Airway Capital Investment Plan.

19 ‘‘(2) COST SHARING.—The Administrator is au20 thorized to make payments to the Association from

21 amounts available under section 4801(a) of this title,

22 provided that the agency’s share of an annual pay23 ment for a lease or other financing agreement does

24 not exceed the direct or imputed interest portion of

25 each annual payment for an eligible project. The
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1 share of the annual payment to be made by an obli2 gor to the lease or other financing agreement shall

3 be in sufficient amount to amortize the asset cost.

4 If the obligor is an airport sponsor, the sponsor may

5 use revenue from a passenger facility fee, provided

6 that such revenue does not exceed 25 cents per en7 planed passenger per year.

8 ‘‘(3) PROJECT SPECIFICATIONS.—The Adminis9 trator shall have the sole authority to approve the

10 specifications, staffing requirements, and operating

11 and maintenance plan for each eligible project, tak12 ing into consideration the recommendations of the

13 Air Traffic Services Subcommittee of the Manage14 ment Advisory Council.

15 ‘‘(e) INCENTIVES FOR PARTICIPATION.—An airport

16 sponsor that enters into a lease or financial arrangement

17 financed by the Air Traffic Modernization Association may

18 use its share of the annual payment as a credit toward

19 the non-Federal matching share requirement for any

20 funds made available to the sponsor for airport develop21 ment projects under chapter 471 of this title.

22 ‘‘(f) UNITED STATES NOT OBLIGATED.—The con23 tribution of Federal funds to the Association pursuant to

24 subsection (d) of this section shall not be construed as

25 a commitment, guarantee, or obligation on the part of the
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1 United States to any third party, nor shall any third party

2 have any right against the United States by virtue of the

3 contribution. The obligations of the Association do not

4 constitute any commitment, guarantee or obligation of the

5 United States.

6 ‘‘(g) REPORT TO CONGRESS.—Not later than 3 years

7 after establishment of the Association, the Administrator

8 shall provide a comprehensive and detailed report to the

9 Senate Committee on Commerce, Science, and Transpor10 tation and the House Committee on Transportation and

11 Infrastructure on the Association’s activities including—

12 ‘‘(1) an assessment of the Association’s effec13 tiveness in accelerating the modernization of the air

14 traffic control system;

15 ‘‘(2) a full description of the projects financed

16 by the Association and an evaluation of the benefits

17 to the aviation community and general public of

18 such investment; and

19 ‘‘(3) recommendations as to whether this pilot

20 program should be expanded or other strategies

21 should be pursued to improve the safety and effi22 ciency of the nation’s air transportation system.

23 ‘‘(h) AUTHORIZATION.—Not more than the following

24 amounts may be appropriated to the Administrator from

25 amounts made available under section 4801(a) of this title
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1 for the agency’s share of the organizational and adminis2 trative costs for the Air Traffic Modernization Association:

3 ‘‘(1) $500,000 for fiscal year 2000;

4 ‘‘(2) $500,000 for fiscal year 2001; and

5 ‘‘(3) $500,000 for fiscal year 2002.

6 ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.—

7 Nothing in this section is intended to limit or diminish

8 existing authorities of the Administrator to acquire, estab9 lish, improve, operate, and maintain air navigation facili10 ties and equipment.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 40117(b)(1) is amended by striking

13 ‘‘controls.’’ and inserting ‘‘controls, or to finance an

14 eligible project through the Air Traffic Moderniza15 tion Association in accordance with section 44516 of

16 this title.’’.

17 (2) The analysis for chapter 445 is amended by

18 adding at the end the following:

‘‘44516. Air traffic modernization pilot program.’’.

19 SEC. 12. EMERGENCY AUTHORIZATION FOR AIR NAVIGA20 TION FACILITIES AND EQUIPMENT.

21 Section 48101(a) is amended—

22 (1) by striking ‘‘a total of the following

23 amounts’’ and inserting $100,000,000 for fiscal year

24 2000 to fund critically needed, and already devel25 oped, air traffic control equipment that can be effi-
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1 ciently installed into the National airspace to more

2 safely and efficiently move traffic’’; and

3 (2) striking ‘‘title:’’ and all that follows and in4 serting ‘‘title.’’.

Æ