H. R. 1000—40
‘‘(G) FEES.—The Secretary, subject to appropriations,
may establish fees at a level sufficient to cover all of
a portion of the administrative costs to the United States
Government of providing a line of credit under this sub-
section. The proceeds of such fees shall be deposited in
an account to be used by the Secretary for the purpose
of administering the program established under this sub-
chapter and shall be available upon deposit until expended.
‘‘(3) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall establish a repay-
ment schedule for each direct loan under this subsection.
‘‘(B) COMMENCEMENT.—Scheduled loan repayments of
principal or interest on a direct loan under this subsection
shall commence no later than 3 years after the date of
the first draw on the line of credit and shall be repaid,
with interest, not later than 18 years after the date of
the first draw.
‘‘(e) RISK ASSESSMENT.—Before entering into an agreement
under this section to make available a Federal credit instrument,
the Secretary, in consultation with the Director of the Office of
Management and Budget, shall determine an appropriate capital
reserve subsidy amount for the Federal credit instrument based
on such credit evaluations as the Secretary deems necessary.
‘‘(f ) CONDITIONS.—Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this section
if the Secretary finds that—
‘‘(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the
service and efficiency of operation of a commuter air carrier
or new entrant air carrier;
‘‘(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier
to use the aircraft to provide service to underserved markets;
and
‘‘(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the character
and value of the security pledged, including the collateral value
of the aircraft being acquired and any other assets or pledges
used to secure the Federal credit instrument, furnish—
‘‘(A) reasonable assurances of the air carrier’s ability
and intention to repay the Federal credit instrument within
the terms established by the Secretary—
‘‘(i) to continue its operations as an air carrier;
and
‘‘(ii) to the extent that the Secretary determines
to be necessary, to continue its operations as an air
carrier between the same route or routes being oper-
ated by the air carrier at the time of the issuance
of the Federal credit instrument; and
‘‘(B) reasonable protection to the United States.
‘‘(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL CREDIT
INSTRUMENTS.—The Secretary shall not allow the combined amount
of Federal credit instruments available for any aircraft purchase
under this section to exceed—
‘‘(1) 50 percent of the cost of the aircraft purchase; or
‘‘(2) $100,000,000 for any single obligor.
H. R. 1000—41
‘‘(h) REQUIREMENT.—Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of
any regional jet aircraft that does not comply with the stage 3
noise levels of part 36 of title 14 of the Code of Federal Regulations,
as in effect on January 1, 1999.
‘‘(i) OTHER LIMITATIONS.—No Federal credit instrument shall
be made by the Secretary under this section for the purchase
of a regional jet aircraft unless the commuter air carrier or new
entrant air carrier enters into a legally binding agreement that
requires the carrier to provide scheduled passenger air transpor-
tation to the underserved market for which the aircraft is purchased
for a period of not less than 36 consecutive months after the
date that aircraft is placed in service.
‘‘§ 41764. Use of Federal facilities and assistance
‘‘(a) USE
OF FEDERAL FACILITIES.—To permit the Secretary
of Transportation to make use of such expert advice and services
as the Secretary may require in carrying out this subchapter, the
Secretary may use available services and facilities of other agencies
and instrumentalities of the United States Government—
‘‘(1) with the consent of the appropriate Federal officials;
and
‘‘(2) on a reimbursable basis.
‘‘(b) ASSISTANCE.—The head of each appropriate department
or agency of the United States Government shall exercise the duties
and powers of that head in such manner as to assist in carrying
out the policy specified in section 41761.
‘‘(c) OVERSIGHT.—The Secretary shall make available to the
Comptroller General of the United States such information with
respect to any Federal credit instrument made under this sub-
chapter as the Comptroller General may require to carry out the
duties of the Comptroller General under chapter 7 of title 31,
United States Code.
‘‘§ 41765. Administrative expenses
‘‘In carrying out this subchapter, the Secretary shall use funds
made available by appropriations to the Department of Transpor-
tation for the purpose of administration, in addition to the proceeds
of any fees collected under this subchapter, to cover administrative
expenses of the Federal credit instrument program under this sub-
chapter.
‘‘§ 41766. Funding
‘‘Of the amounts appropriated under section 106(k) for each
of fiscal years 2001 through 2003, such sums as may be necessary
may be used to carry out this subchapter, including administrative
expenses.
‘‘§ 41767. Termination
‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRUMENTS.—
The authority of the Secretary of Transportation to issue Federal
credit instruments under section 41763 shall terminate on the
date that is 5 years after the date of the enactment of this sub-
chapter.
‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER PROGRAM
FOR EXISTING FEDERAL CREDIT INSTRUMENTS.—On and after the
termination date, the Secretary shall continue to administer the
H. R. 1000—42
program established under this subchapter for Federal credit
instruments issued under this subchapter before the termination
date until all obligations associated with such instruments have
been satisfied.’’.
(b) CONFORMING AMENDMENT.—The analysis for 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.’’.
Subtitle B—Airline Customer Service
SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.
Section 41712 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘On’’; and
(2) by adding at the end the following:
‘‘(b) E-TICKET EXPIRATION NOTICE.—It shall be an unfair or
deceptive practice under subsection (a) for any air carrier, foreign
air carrier, or ticket agent utilizing electronically transmitted tickets
for air transportation to fail to notify the purchaser of such a
ticket of its expiration date, if any.’’.
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CON-
SUMER PROTECTION LAWS.
(a) IN GENERAL.—Section 46301(a) is amended by adding at
the end the following:
‘‘(7) CONSUMER PROTECTION.—Notwithstanding paragraphs
(1) and (4), the maximum civil penalty for violating section
40127 or 41712 (including a regulation prescribed or order
issued under such section) or any other regulation prescribed
by the Secretary that is intended to afford consumer protection
to commercial air transportation passengers, shall be $2,500
for each violation.’’.
(b) TECHNICAL AMENDMENT.—Paragraph (6) of section 46301(a)
is amended—
(1) by inserting ‘‘AIR
SERVICE
TERMINATION
NOTICE.—’’
before ‘‘Notwithstanding’’; and
(2) by aligning the left margin of such paragraph with
paragraph (5) of such section.
SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER
PROTECTIONS.
There are authorized to be appropriated to the Secretary for
the purpose of ensuring compliance with, and enforcing, the rights
of air travelers under sections 40127, 41705, and 41712 of title
49, United States Code—
(1) $2,300,000 for fiscal year 2000;
(2) $2,415,000 for fiscal year 2001;
(3) $2,535,750 for fiscal year 2002; and
(4) $2,662,500 for fiscal year 2003.
H. R. 1000—43
SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.
(a) SECRETARY TO REPORT PLANS RECEIVED.—Not later than
September 15, 1999, each air carrier that provides scheduled pas-
senger air transportation and that is a member of the Air Transport
Association, all of which have entered into the voluntary customer
service commitments established by the Association on June 17,
1999 (in this section referred to as the ‘‘Airline Customer Service
Commitment’’), shall provide a copy of its individual customer
service plan to the Secretary. Upon receipt of each individual plan,
the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
notice of receipt of the plan, together with a copy of the plan.
(b) IMPLEMENTATION.—The Inspector General of the Depart-
ment of Transportation shall monitor the implementation of any
plan submitted by an air carrier to the Secretary under subsection
(a) and evaluate the extent to which the carrier has met its commit-
ments under its plan. The carrier shall provide such information
to the Inspector General as may be necessary for the Inspector
General to prepare the report required by subsection (c).
(c) REPORTS TO CONGRESS.—
(1) INTERIM REPORT.—
(A) IN GENERAL.—Not later than June 15, 2000, the
Inspector General shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report containing the Inspector
General’s findings under subsection (b).
(B) CONTENTS.—The report shall include a status
report on completion, publication, and implementation of
the Airline Customer Service Commitment and the indi-
vidual air carrier’s plans to carry it out. The report shall
also include a review of whether each air carrier described
in subsection (a) has modified its contract of carriage or
conditions of contract to reflect each item of the Airline
Customer Service Commitment.
(2) FINAL REPORT; RECOMMENDATIONS.—
(A) IN GENERAL.—Not later than December 31, 2000,
the Inspector General shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a final report on the
effectiveness of the Airline Customer Service Commitment
and the individual air carrier plans to carry it out,
including recommendations for improving accountability,
enforcement, and consumer protections afforded to commer-
cial air passengers.
(B) SPECIFIC
CONTENT.—In the final report under
subparagraph (A), the Inspector General shall include the
following:
(i) An evaluation of each carrier’s plan as to
whether it is consistent with the voluntary commit-
ments established by the Air Transport Association
in the Airline Customer Service Commitment.
(ii) An evaluation of each carrier as to the extent
to which, and the manner in which, it has performed
in carrying out its plan.