I
106TH CONGRESS
1ST SESSION
H. R. 1000
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1999
Mr. SHUSTER (for himself, Mr. DUNCAN, Mr. OBERSTAR, and Mr. LIPINSKI)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
the Budget, and Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title 49, United States Code, to reauthorize pro-
grams of the Federal Aviation Administration, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Aviation Investment and Reform Act for the 21st Cen-
tury’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE IV—FAMILY ASSISTANCE
Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
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.
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. Prohibition on release of offeror proposals.
Sec. 703. Multiyear procurement contracts.
Sec. 704. Federal Aviation Administration personnel management system.
Sec. 705. Nondiscrimination in airline travel.
Sec. 706. General facilities and personnel authority.
Sec. 707. Implementation of article 83 BIS of the Chicago Convention.
Sec. 708. Public availability of airmen records.
Sec. 709. Appeals of emergency revocations of certificates.
Sec. 710. Government and industry consortia.
Sec. 711. Passenger manifest.
Sec. 712. Cost recovery for foreign aviation services.
Sec. 713. Technical corrections to civil penalty provisions.
Sec. 714. Enhanced vision technologies.
Sec. 715. Waiver under Airport Noise and Capacity Act.
Sec. 716. Typographical errors.
Sec. 717. Acquisition management system.
Sec. 718. Extension of application approvals for Metropolitan Washington Air-
port Authority.
Sec. 719. Aircraft situational display data.
Sec. 720. Elimination of backlog of equal employment opportunity complaints.
Sec. 721. Newport News, Virginia.
Sec. 722. Grant of easement, Los Angeles, California.
Sec. 723. Regulation of Alaska guide pilots.
Sec. 724. Public aircraft.
Sec. 725. Extension of war risk insurance program.
Sec. 726. Centennial of Flight Commission.
Sec. 727. Pilot program for capital leasing contracts.
Sec. 728. Repeal of mail rate-setting authority.
Sec. 729. Aircraft repair and maintenance advisory panel.
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. Exemptions.
Sec. 807. Definitions.
TITLE IX—TRUTH IN BUDGETING
Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund, Inland Wa-
terways Trust Fund, and Harbor Maintenance Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway Trust
Fund.
Sec. 904. Applicability.
TITLE X—AVIATION SPENDING GUARANTEE
Sec. 1001. Discretionary spending categories.
Sec. 1002. Budget estimates.
Sec. 1003. Guaranteed expenditure of aviation revenue.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 49, United States
Code.
SEC. 3. ADMINISTRATOR DEFINED.
In this Act, the term ‘‘Administrator’’ means the Ad-
ministrator of the Federal Aviation Administration.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENTS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
48103 is amended by striking ‘‘shall be $1,205,000,000’’
and all that follows through the period at the end and
inserting the following: ‘‘shall be—
‘‘(1) $2,410,000,000 for fiscal year 1999; and
‘‘(2) $5,000,000,000 for each of fiscal years
2000 through 2004.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c)
is amended by striking ‘‘March 31, 1999,’’ and inserting
‘‘September 30, 2004,’’.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) GENERAL
AUTHORIZATION
AND
APPROPRIA-
TIONS.—Section 48101(a) is amended by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) $2,131,000,000 for fiscal year 1999.
‘‘(2) $3,000,000,000 for fiscal year 2000.
‘‘(3) $3,200,000,000 for each of fiscal years
2001 through 2004.’’.
(b) UNIVERSAL ACCESS SYSTEMS.—Section 48101 is
amended by adding at the end the following:
‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts
appropriated under subsection (a) for fiscal year 2000,
$8,000,000 may be used for the voluntary purchase and
installation of universal access systems.’’.
SEC. 103. FAA OPERATIONS.
(a) AUTHORIZATION
OF
APPROPRIATIONS
FROM
GENERAL FUND.—Section 106(k) is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before
‘‘There’’;
(2) in paragraph (1) (as designated by para-
graph (1) of this subsection) by striking ‘‘the Ad-
ministration’’ and all that follows through the period
at the end and inserting the following: ‘‘the
Administration—
‘‘(1) $5,632,000,000 for fiscal year 1999;
‘‘(2) $6,096,000,000 for fiscal year 2000;
‘‘(3) $6,675,000,000 for fiscal year 2001;
‘‘(4) $7,310,000,000 for fiscal year 2002;
‘‘(5) $8,004,000,000 for fiscal year 2003; and
‘‘(6) $8,764,000,000 for fiscal year 2004.’’;
(3) by adding at the end the following:
‘‘(2) AUTHORIZED
EXPENDITURES.—Of the
amounts appropriated under paragraph (1) for fiscal
years 2000 through 2004—
‘‘(A) $450,000 per fiscal year may be used
for wildlife hazard mitigation measures and
management of the wildlife strike database of
the Federal Aviation Administration;
‘‘(B) such sums as may be necessary may
be used to fund an office within the Federal
Aviation Administration dedicated to supporting
infrastructure systems development for both
general aviation and the vertical flight industry;
‘‘(C) such sums as may be necessary may
be used to revise existing terminal and en route
procedures and instrument flight rules to facili-
tate the takeoff, flight, and landing of tiltrotor
aircraft and to improve the national airspace
system by separating such aircraft from con-
gested flight paths of fixed-wing aircraft;
‘‘(D) such sums as may be necessary may
be used to establish helicopter approach proce-
dures using current technologies (such as the
Global Positioning System) to support all-
weather, emergency medical service for trauma
patients;
‘‘(E) $3,000,000 per fiscal year may be
used to implement the 1998 airport surface op-
erations safety action plan of the Federal Avia-
tion Administration;
‘‘(F) $2,000,000 per fiscal year may be
used to support a university consortium estab-
lished to provide an air safety and security
management certificate program, working coop-
eratively with United States air carriers; except
that funds under this subparagraph—
‘‘(2)(A) 72.5 percent of the amount of funds
made available under sections 106(k) and 48101
through 48103 for such fiscal year; less
‘‘(B) the amount of funds made available under
sections 48101–48103 for such fiscal year.
‘‘(c) LIMITATION FOR FISCAL YEARS 2000–2004.—
The amount appropriated from the Trust Fund for the
purposes of paragraphs (1) and (2) of subsection (a) for
each of fiscal years 2000 through 2004 may not exceed—
‘‘(1) 70 percent of the FAA guaranteed spend-
ing levels for budget resources under section 48302,
as adjusted, for such fiscal year; less
‘‘(2) the amount of funds made available under
sections 48101 through 48103 and 48112 for such
fiscal year.’’.
(c) LIMITATION
ON OBLIGATING
OR EXPENDING
AMOUNTS.—Section 48108(c) is amended by striking
‘‘1998’’ and inserting ‘‘2004’’.
SEC. 104. AVIATION SAFETY ACCELERATED PROGRAM.
(a) FUNDING.—
(1) ESTABLISHMENT OF FUNDING LEVELS.—
Chapter 481 is amended by adding at the end the
following:
‘‘§ 48112. Aviation safety accelerated program
‘‘The total amounts which shall be available after
September 30, 1999, out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Reve-
nue Code of 1986 (26 U.S.C. 9502) to make grants for
the aviation safety accelerated program under section
47161 shall be—
‘‘(1) $921,000,000 for fiscal year 2000;
‘‘(2) $1,254,000,000 for fiscal year 2001;
‘‘(3) $2,157,000,000 for fiscal year 2002;
‘‘(4) $2,787,000,000 for fiscal year 2003; and
‘‘(5) $3,125,000,000 for fiscal year 2004.’’.
(2) CONFORMING AMENDMENT.—The analysis
for such chapter is amended by adding at the end
the following:
‘‘48112. Aviation safety accelerated program.’’.
(b) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—Chapter 471 is amended by
adding at the end the following:
‘‘SUBCHAPTER III—AVIATION SAFETY
ACCELERATED PROGRAM
‘‘§ 47161. Project grant authority
‘‘(a) GENERAL AUTHORITY.—To provide for the
aviation safety accelerated program, the Secretary of
Transportation may make project grants under this sub-
chapter from the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code
of 1986.
‘‘(b) INCURRING OBLIGATIONS.—The Secretary may
incur obligations to make grants from amounts made
available for a fiscal year ending on or before September
30, 2004, under section 48112 beginning on the first day
of the fiscal year.
‘‘§ 47162. Eligible projects
‘‘Projects for the following purposes shall be eligible
for assistance under this subchapter:
‘‘(1) Projects to provide substantial and imme-
diate benefits to reduce delays and congestion at air-
ports and in the air traffic control system.
‘‘(2) Projects to construct airport improvements
or acquire air traffic equipment to enhance competi-
tion among air carriers at an airport.
‘‘(3) Projects to enhance air service to small-
and medium-sized communities.
‘‘§ 47163. Allocation of amounts
‘‘Of the total amount made available under section
48112 for a fiscal year—
‘‘(1) not more than 35 percent may be used for
projects described in section 47162(1);
‘‘(2) not more than 35 percent may be used for
projects described in subsection 47162(2); and
‘‘(3) not more than 30 percent may be used for
projects described in subsection 47162(3).
‘‘§ 47164. Procedural requirements
‘‘The Secretary shall establish innovative methods for
processing, reviewing, and approving projects funded
under this subchapter in order to reduce, to the maximum
extent practicable, the time required from an applicant’s
request for project approval through the completion of the
project. In carrying out this section, the Secretary shall
incorporate best management practices used from similar
programs carried out by the Department of Transpor-
tation for other modes of transportation.’’.
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 471 is amended by adding at
the end the following:
‘‘SUBCHAPTER III—AVIATION SAFETY ACCELERATED PROGRAM
‘‘47161. Project grant authority.
‘‘47162. Eligible projects.
‘‘47163. Allocation of amounts.
‘‘47164. Procedural requirements.’’.
SEC. 105. AIP FORMULA CHANGES.
(a) DISCRETIONARY
FUND.—Section 47115 is
amended by striking subsections (g) and (h) and inserting
the following:
‘‘(g) PRIORITY FOR LETTERS OF INTENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the Secretary shall fulfill intentions to obligate under
section 47110(e) with amounts available in the fund
established by subsection (a) and, if such amounts
are not sufficient for a fiscal year, with amounts
made available to carry out sections 47114(c)(1)(A),
47114(c)(2), 47114(d), and 47117(e) on a pro rata
basis.
‘‘(2) PROCEDURE.—Before apportioning funds
under 
sections 
47114(c)(1)(A), 
47114(c)(2),
47114(d), and 47117(e) of each fiscal year, the Sec-
retary shall determine the amount of funds that will
be necessary to fulfill intentions to obligate under
section 47110(e) in such fiscal year. If such amount
is greater than the amount of funds that will be
available in the fund established by subsection (a)
for such fiscal year, the Secretary shall reduce the
amount to be apportioned under such sections for
such fiscal year on a pro rata basis by an amount
equal to the difference.’’.
(b) AMOUNTS APPORTIONED TO SPONSORS.—Section
47114(c)(1) is amended—
(1) in subparagraph (A) by striking clauses (i)
through (v) and inserting the following:
‘‘(i) $23.40 for each of the first 50,000 pas-
senger boardings at the airport during the prior cal-
endar year;
‘‘(ii) $15.60 for each of the next 50,000 pas-
senger boardings at the airport during the prior cal-
endar year;
‘‘(iii) $7.80 for each of the next 400,000 pas-
senger boardings at the airport during the prior cal-
endar year;
‘‘(iv) $1.95 for each of the next 500,000 pas-
senger boardings at the airport during the prior cal-
endar year; and
‘‘(v) $1.50 for each additional passenger board-
ing at the airport during the prior calendar year.’’;
(2) in subparagraph (B) by striking ‘‘$500,000
nor 
more 
than 
$22,000,000’’ 
and 
inserting
‘‘$1,500,000’’; and
(3) by adding at the end the following:
‘‘(C) Notwithstanding subparagraph (A), the Sec-
retary shall apportion to an airport sponsor in a fiscal year
an amount equal to the amount apportioned to that spon-
sor in the previous fiscal year if the Secretary finds that—
‘‘(i) passenger boardings at the airport were
less than 10,000 in the calendar year used to cal-
culate the apportionment;
‘‘(ii) the airport had at least 10,000 passenger
boardings in the calendar year prior to the calendar
year used to calculate the apportionment; and
‘‘(iii) the cause of the decrease in passenger
boardings was a temporary but significant interrup-
tion in service by an air carrier to that airport due
to an employment action, natural disaster, or other
event unrelated to the demand for air transportation
at the airport.’’.
(c) 
CARGO
ONLY
AIRPORTS.—Section
47114(c)(2)(A) is amended by striking ‘‘2.5 percent’’ and
inserting ‘‘3 percent’’.
(d) ENTITLEMENT
FOR GENERAL AVIATION AIR-
PORTS.—
(1) IN
GENERAL.—Section 47114(d)(2) is
amended—
(A) in the matter preceding subparagraph
(A) by striking ‘‘18.5 percent’’ and inserting
‘‘20 percent’’;
(B) in subparagraph (A) by striking
‘‘0.66’’ and inserting ‘‘0.62’’; and
(C) in each of subparagraphs (B) and
(C)—
(i) by striking ‘‘paragraph (3)’’ and
inserting ‘‘paragraphs (3) and (4)’’; and
(ii) by striking ‘‘49.67’’ and inserting
‘‘49.69’’.
(2) 
SPECIAL
RULE.—Section 
47114(d) 
is
amended by adding at the end the following:
‘‘(4) MINIMUM
APPORTIONMENT.—Each air-
port, excluding primary airports but including re-
liever and nonprimary commercial service airports,
in States shall be apportioned an amount under
paragraph (2) that is the lesser of—
‘‘(A) $200,000; or
‘‘(B) one-fifth of the most recently published es-
timate of the 5-year costs for airport improvement
for the airport, as listed in the national plan of inte-
grated airport systems developed by the Federal
Aviation Administration under section 47103.’’.
(e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO
RICO, AND HAWAII.—Section 47114(d)(3) is amended to
read as follows:
‘‘(3) SPECIAL RULE.—An amount apportioned
under paragraph (2) of this subsection for airports
in Alaska, Puerto Rico, or Hawaii may be made
available by the Secretary for any public airport in
those respective jurisdictions.’’.
(f) USE OF STATE-APPORTIONED FUNDS FOR SYS-
TEM PLANNING.—Section 47114(d) is further amended by
adding at the end the following:
‘‘(5) INTEGRATED
AIRPORT
SYSTEM
PLAN-
NING.—Notwithstanding paragraph (2), funds made
available under this subsection may be used for inte-
grated airport system planning that encompasses 1
or more primary airports.’’.
(g) FLEXIBILITY
IN
PAVEMENT
CONSTRUCTION
STANDARDS.—
Section 47114(d) is further amended by adding at
the end the following:
‘‘(6) FLEXIBILITY
IN
PAVEMENT
CONSTRUC-
TION STANDARDS.—The Secretary may permit the
use of State highway specifications for airfield pave-
ment construction using funds made available under
this subsection at nonprimary airports serving air-
craft that do not exceed 60,000 pounds gross weight
if the Secretary determines that—
‘‘(A) safety will not be negatively affected;
and
‘‘(B) the life of the pavement will not be
shorter than it would be if constructed using
Federal Aviation Administration standards.’’.
(h) GRANTS FOR AIRPORT NOISE COMPATIBILITY
PLANNING.—Section 47117(e)(1) is amended—
(1) in subparagraph (A) by striking ‘‘31 per-
cent’’ each place it appears and inserting ‘‘34 per-
cent’’; and
(2) in subparagraph (B) by striking ‘‘At least’’
and all that follows through ‘‘sponsors of current’’
and inserting ‘‘At least 4 percent to sponsors of cur-
rent’’.
(i) SUPPLEMENTAL APPORTIONMENT
FOR ALAS-
KA.—Section 47114(e) is amended—
(1) in the subsection heading by striking ‘‘AL-
TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;
(2) in paragraph (1)—
(A) by striking ‘‘Instead of apportioning
amounts for airports in Alaska under’’ and in-
serting ‘‘IN GENERAL.—Notwithstanding’’;
(B) by striking ‘‘those airports’’ and in-
serting ‘‘airports in Alaska’’; and
(C) by inserting before the period at the
end of the first sentence ‘‘and by increasing the
amount so determined for each of those airports
by 3 times’’;
(3) in paragraph (2) by inserting ‘‘AUTHORITY
FOR DISCRETIONARY GRANTS.—’’ before ‘‘This sub-
section’’;
the apportionment may be used, the Secretary may
use the amount not so required to make grants for
airport planning and airport development under sec-
tion 47104 during such fiscal year. The finding may
be based on the notifications that the Secretary re-
ceives under section 47105(f) or on other informa-
tion received from airport sponsors.
‘‘(2) RESTORATION OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—If the fiscal year for
which a finding is made under paragraph (1)
with respect to an apportionment is not the last
fiscal year of availability of the apportionment,
under subsection (b), the Secretary shall re-
store, to the apportionment an amount equal to
the amount of the apportionment used under
paragraph (1) for a discretionary grant when-
ever a sufficient amount is made available
under section 48103 for grant obligations under
sections 47104.
‘‘(B) PERIOD
OF
AVAILABILITY.—If res-
toration under this paragraph is made in the
fiscal year for which the finding is made or the
succeeding fiscal year, the amount restored
shall be subject to the original period of avail-
ability of the apportionment under subsection
(b). If the restoration is made thereafter, the
amount restored shall remain available in ac-
cordance with subsection (b) for the original pe-
riod of availability of the apportionment, plus
the number of fiscal years during which a suffi-
cient amount was not available for the restora-
tion.
‘‘(3) NEWLY AVAILABLE AMOUNTS.—
‘‘(A) RESTORED
AMOUNTS
TO
BE
UN-
AVAILABLE FOR DISCRETIONARY GRANTS.—Of
an amount newly available under section 48103
of this title, an amount equal to the amounts
restored under paragraph (2) shall not be avail-
able for discretionary grant obligations under
section 47115.
‘‘(B) USE OF REMAINING AMOUNTS.—Sub-
paragraph (A) does not impair the Secretary’s
authority under paragraph (1), after a restora-
tion under paragraph (2), to apply all or part
of a restored amount that is not required to
fund a grant under an apportionment to fund
discretionary grants.
‘‘(4) LIMITATIONS ON OBLIGATIONS APPLY.—
Nothing in this subsection shall be construed to au-
thorize the Secretary to incur grant obligations
under section 47104 for a fiscal year in an amount
greater than the amount made available under sec-
tion 48103 for such obligations for such fiscal
year.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on October 1, 1999.
SEC. 107. DESIGNATING CURRENT AND FORMER MILITARY
AIRPORTS.
(a) IN GENERAL.—Section 47118 is amended—
(1) in subsection (a) by striking ‘‘12’’ and in-
serting ‘‘20’’;
(2) by striking subsection (c) and redesignating
subsections (d) through (f) as subsections (c)
through (e), respectively;
(3) in subsection (c) (as so redesignated)—
(A) by striking ‘‘47117(e)(1)(E)’’ and in-
serting ‘‘47117(e)(1)(B)’’;
(B) by striking ‘‘5-fiscal-year periods’’ and
inserting ‘‘periods, each not to exceed 5 fiscal
years,’’; and
(C) by striking ‘‘each such subsequent 5-
fiscal-year period’’ and inserting ‘‘each such
subsequent period’’; and
(4) by adding at the end the following:
‘‘(f) DESIGNATION
OF GENERAL AVIATION AIR-
PORT.—Notwithstanding any other provision of this sec-
tion, at least 3 of the airports designated under subsection
(a) shall be general aviation airports that were former
military installations closed or realigned under a section
referred to in subsection (a)(1).’’.
(b) 
TERMINAL
BUILDING
FACILITIES.—Section
47118(e) is amended by striking ‘‘$5,000,000’’ and insert-
ing ‘‘$7,000,000’’.
(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Sec-
tion 47118(f) is amended—
(1) in subsection heading by striking ‘‘AND
HANGERS’’ and inserting ‘‘HANGERS, AND
AIR
CARGO TERMINALS.—’’;
(2) by striking ‘‘$4,000,000’’ and inserting
‘‘$7,000,000’’; and
(3) by inserting after ‘‘hangers’’ the following:
‘‘and air cargo terminals of an area that is 50,000
square feet or less’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1999.
SEC. 108. ELIGIBILITY OF RUNWAY INCURSION PREVEN-
TION DEVICES; EMERGENCY CALL BOXES.
(a) POLICY.—Section 47101(a)(11) is amended by
inserting ‘‘(including integrated in-pavement lighting sys-
tems for runways and taxiways and other runway and
taxiway incursion prevention devices)’’ after ‘‘technology’’.
(b) MAXIMUM USE OF SAFETY FACILITIES.—Section
47101(f) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9); and
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention
devices, including integrated in-pavement lighting
systems for runways and taxiways.’’.
(c) AIRPORT
DEVELOPMENT
DEFINED.—Section
47102(3)(B) is amended—
(1) in clause (ii)—
(A) by striking ‘‘and universal access sys-
tems,’’ and inserting ‘‘, universal access sys-
tems, and emergency call boxes,’’; and
(B) by inserting ‘‘and integrated in-pave-
ment lighting systems for runways and taxiways
and other runway and taxiway incursion pre-
vention devices’’ before the semicolon at the
end; and
‘‘(C) that the amount to be imposed is not more
than twice that which may be imposed under para-
graph (1).’’.
(b) LIMITATION ON APPROVAL OF CERTAIN APPLI-
CATIONS.—Section 40117(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) in the case of an application to impose a
fee of more than $3 for a surface transportation or
terminal project, the agency has made adequate pro-
vision for financing the airside needs of the airport,
including runways, taxiways, aprons, and aircraft
gates.’’.
(c) REDUCING APPORTIONMENTS.—Section 47114(f)
is amended—
(1) by striking ‘‘An amount’’ and inserting the
following:
‘‘(1) IN GENERAL.—An amount’’;
(2) by striking ‘‘an amount equal to’’ and all
that follows through the period at the end and in-
serting the following: ‘‘an amount equal to—
‘‘(A) in the case of a fee of $3 or less, 50
percent of the projected revenues from the fee
in the fiscal year but not by more than 50 per-
cent of the amount that otherwise would be ap-
portioned under this section; and
‘‘(B) in the case of a fee of more than $3,
75 percent of the projected revenues from the
fee in the fiscal year but not by more than 75
percent of the amount that otherwise would be
apportioned under this section.’’; and
(3) by adding at the end the following:
‘‘(2) EFFECTIVE DATE OF REDUCTION.—A
reduction in an apportionment required by
paragraph (1) shall not take effect until the
first fiscal year following the year in which the
collection of the fee imposed under section
40117 is begun.’’.
SEC. 110. COMPETITION PLANS.
(a) IN GENERAL.—Section 47106 is amended by
adding at the end the following:
‘‘(f) COMPETITION PLANS.—
‘‘(1) PROHIBITION.—Beginning in fiscal year
2001, no passenger facility fee may be approved for
a covered airport under section 40117 and no grant
may be made under this subchapter for a covered
airport unless the airport has submitted to the Sec-
retary a written competition plan in accordance with
this subsection.
‘‘(2) CONTENTS.—A competition plan under
this subsection shall include information on the
availability of airport gates and related facilities,
leasing and sub-leasing arrangements, gate-use re-
quirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over
air- and ground-side capacity, whether the airport
intends to build or acquire gates that would be used
as common facilities, and airfare levels compared to
other large airports.
‘‘(3) COVERED
AIRPORT
DEFINED.—In this
subsection, the term ‘covered airport’ means an
airport—
‘‘(A) that has more than .25 percent of the
total number of passenger boardings each year
at all commercial service airports; and
‘‘(B) at which 1 or 2 air carriers control
more than 50 percent of the passenger
boardings.’’.
(b) CROSS REFERENCE.—Section 40117 is amended
by adding at the end the following:
‘‘(j) COMPETITION PLANS.—Beginning in fiscal year
2001, no eligible agency may impose a passenger facility
fee under this section with respect to a covered airport
(as such term is defined in section 47106(f)) unless the
agency has submitted to the Secretary a written competi-
tion plan in accordance with such section. This subsection
does not apply to passenger facility fees in effect before
the date of enactment of this subsection.’’.
SEC. 111. GRANTS FROM SMALL AIRPORT FUND.
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN
AIRPORT OPERATING CERTIFICATES.—Section 47116 is
amended by adding at the end the following:
‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN
AIRPORT OPERATING CERTIFICATES.—In the first fiscal
year beginning after the effective date of regulations
issued to carry out section 44706(b) with respect to air-
ports described in section 44706(a)(2), and in each of the
next 4 fiscal years, the lesser of $15,000,000 or 20 percent
of the amounts that would otherwise be distributed to
sponsors of airports under subsection (b)(2) shall be used
to assist the airports in meeting the terms established by
the regulations. If the Secretary publishes in the Federal
Register a finding that all the terms established by the
regulations have been met, this subsection shall cease to
be effective as of the date of such publication.’’.
(b) NOTIFICATION OF SOURCE OF GRANT.—Section
47116 is further amended by adding at the end the follow-
ing:
‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—When-
ever the Secretary makes a grant under this section, the
Secretary shall notify the recipient of the grant, in writing,
that the source of the grant is from the small airport
fund.’’.
SEC. 112. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end
the following:
‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER
PILOT PROGRAM.—
‘‘(A) IN
GENERAL.—The Secretary shall
establish a pilot program to contract for air
traffic control services at Level I air traffic con-
trol towers, as defined by the Administrator of
the Federal Aviation Administration, that do
not qualify for the Contract Tower program es-
tablished under subsection (a) and continued
under paragraph (1) (hereafter in this para-
graph referred to as the ‘Contract Tower Pro-
gram’).
graph, the Administrator shall give priority to
the following:
‘‘(i) Air traffic control towers that are
participating in the Contract Tower Pro-
gram but have been notified that they will
be terminated from such program because
the Administration has determined that
the benefit-to-cost ratio for their continu-
ation in such program is less than 1.0.
‘‘(ii) Air traffic control towers that
the Administrator determines have a bene-
fit-to-cost ratio of at least .85.
‘‘(iii) Air traffic control towers of the
Federal Aviation Administration that are
closed as a result of the air traffic control-
lers strike in 1981.
‘‘(iv) Air traffic control towers that
are located at airports or points at which
an air carrier is receiving compensation
under the essential air service program
under this chapter.
‘‘(v) Air traffic control towers located
at airports that are prepared to assume
partial 
responsibility 
for 
maintenance
costs.
‘‘(vi) Air traffic control towers that
are located at airports with safety or oper-
ational problems related to topography,
weather, runway configuration, or mix of
aircraft.
‘‘(D) COSTS
EXCEEDING
BENEFITS.—If
the costs of operating an air traffic tower under
the pilot program established under this para-
graph exceed the benefits, the airport sponsor
or State of local government having jurisdiction
over the airport shall pay the portion of the
costs that exceed such benefit.
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
$6,000,000 per fiscal year to carry out this
paragraph.’’.
SEC. 113. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) IN GENERAL.—Subchapter I of chapter 471 is
amended by adding at the end the following:
‘‘§ 47135. Innovative financing techniques
‘‘(a) IN GENERAL.—The Secretary of Transportation
may approve applications under this subchapter for not
more than 20 projects for which grants made under this
subchapter may be used for innovative financing tech-
niques.
‘‘(b) PURPOSE.—The purpose of grants made under
this section shall be to provide information on the benefits
and difficulties of using such techniques for airport devel-
opment projects.
‘‘(c) LIMITATIONS.—
‘‘(1) NO GUARANTEES.—In no case shall the
implementation of an innovative financing technique
under this section be used in a manner giving rise
to a direct or indirect guarantee of any airport debt
instrument by the United States Government.
‘‘(2) TYPES OF TECHNIQUES.—In this section,
innovative financing techniques are limited to—
‘‘(A) payment of interest;
‘‘(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development; and
‘‘(C) flexible non-Federal matching re-
quirements.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter 1 of chapter 471 is amended by adding at the
end the following:
‘‘47135. Innovative financing techniques.’’.
SEC. 114. AIRPORT SECURITY PROGRAM.
(a) IN GENERAL.—Chapter 471 is further amended
by adding the following new section:
‘‘§ 47136. Airport security program
‘‘(a) GENERAL AUTHORITY.—To improve security at
public airports in the United States, the Secretary of
Transportation shall carry out not less than one project
to test and evaluate innovative airport security systems
and related technology.
‘‘(b) PRIORITY.—In carrying out this section, the
Secretary shall give the highest priority to a request from
an eligible sponsor for a grant to undertake a project
that—
‘‘(1) evaluates and tests the benefits of innova-
tive airport security systems or related technology,
including explosives detection systems, for the pur-
pose of improving airport and aircraft physical secu-
rity and access control; and
‘‘(2) provides testing and evaluation of airport
security systems and technology in an operational,
test bed environment.
‘‘(c) MATCHING SHARE.—Notwithstanding section
47109, the United States Government’s share of allowable
project costs for a project under this section shall be 100
percent.
‘‘(d) TERMS AND CONDITIONS.—The Secretary may
establish such terms and conditions as the Secretary de-
termines appropriate for carrying out a project under this
section, including terms and conditions relating to the
form and content of a proposal for a project, project assur-
ances, and schedule of payments.
‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section,
the term ‘eligible sponsor’ means a nonprofit corporation
composed of a consortium of public and private persons,
including a sponsor of a primary airport, with the nec-
essary engineering and technical expertise to successfully
conduct the testing and evaluation of airport and aircraft
related security systems.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under section
47115 in a fiscal year, the Secretary shall make available
not less than $5,000,000 for the purpose of carrying out
this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter 1 of such chapter is further amended by add-
ing at the end the following:
‘‘47136. Airport security program.’’.
SEC. 115. MATCHING SHARE.
Section 47109(a) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) not more than 90 percent for a project
funded by a grant issued to and administered by a
State under section 47128, relating to the State
block grant program;’’;
(3) by striking ‘‘and’’ at the end of paragraph
(3) (as so redesignated);
(4) by striking the period at the end of para-
graph (4) (as so redesignated) and inserting ‘‘;
and’’; and
(5) by adding at the end the following:
‘‘(5) 100 percent in fiscal year 2000 for any
project—
‘‘(A) at an airport other than a primary
airport; or
‘‘(B) at a primary airport having less than
.05 percent of the total number of passenger
boardings each year at all commercial service
airports.’’.
SEC. 116. PASSENGER FACILITY FEES AND LETTERS OF IN-
TENT.
Section 47110(e)(5) is amended to read as follows:
‘‘(5) LETTERS OF INTENT.—The Secretary may
not require an eligible agency to impose a passenger
facility fee under section 40117 in order to obtain a
letter of intent under this section.’’.
on Appropriations of the Senate and the House of Rep-
resentatives.
SEC. 124. TECHNICAL AMENDMENTS.
(a) DISCRETIONARY FUND DEFINITION.—
(1) AMOUNTS IN FUND AND AVAILABILITY.—
Section 47115 is amended—
(A) in subsection (a)(2) by striking ‘‘25’’
and inserting ‘‘12.5’’; and
(B) by striking the second sentence of sub-
section (b).
(2) SMALL AIRPORT FUND.—Section 47116 is
amended—
(A) in subsection (a) by striking ‘‘75’’ and
inserting ‘‘87.5’’;
(B) in subsection (b) by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) 1⁄7 for grants for projects at small hub air-
ports (as defined in section 41731 of this title).
‘‘(2) The remaining amounts as follows:
‘‘(A) 1⁄3 for grants to sponsors of public-
use airports (except commercial service air-
ports).
‘‘(B) 2⁄3 for grants to sponsors of each
commercial service airport that each year has
less than .05 percent of the total boardings in
the United States in that year.’’; and
(C) in subsection (d)—
(i) by striking ‘‘In making’’ and in-
serting the following:
‘‘(1) CONSTRUCTION
OF
NEW
RUNWAYS.—In
making’’;
(ii) by adding at the end the follow-
ing:
‘‘(2) AIRPORT
DEVELOPMENT
FOR
TURBINE
POWERED AIRCRAFT.—In making grants to sponsors
described in subsection (b)(1), the Secretary shall
give priority consideration to airport development
projects to support operations by turbine powered
aircraft, if the non-Federal share of the project is at
least 40 percent.’’; and
(iii) by aligning the remainder of
paragraph (1) (as designated by clause (i)
of this subparagraph) with paragraph (2)
(as added by clause (ii) of this subpara-
graph).
(b) CONTINUATION OF PROJECT FUNDING.—Section
47108 is amended by adding at the end the following:
‘‘(e) CHANGE IN AIRPORT STATUS.—In the event
that the status of a primary airport changes to a nonpri-
mary airport at a time when a terminal development
project under a multiyear agreement under subsection (a)
is not yet completed, the project shall remain eligible for
funding from discretionary funds under section 47115 at
the funding level and under the terms provided by the
agreement, subject to the availability of funds.’’.
(c) PASSENGER FACILITY FEE WAIVER FOR CER-
TAIN CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS
IN
ISOLATED
COMMUNITIES.—Section 
40117(i) 
is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) may permit a public agency to request that
collection of a passenger facility fee be waived for—
‘‘(A) passengers enplaned by any class of
air carrier or foreign air carrier if the number
of passengers enplaned by the carrier in the
class constitutes not more than 1 percent of the
total number of passengers enplaned annually
at the airport at which the fee is imposed; or
‘‘(B) passengers traveling to an airport—
‘‘(i) that has fewer than 2,500 pas-
senger boardings each year and receives
scheduled passenger service; and
‘‘(ii) in a community which has a pop-
ulation of less than 10,000 and is not con-
nected by a land highway to the land-con-
nected National Highway System within a
State.’’.
SEC. 125. USE OF RECYCLED MATERIALS.
(a) STUDY.—The Administrator shall conduct a
study of the use of recycled materials (including recycled
pavements, waste materials, and byproducts) in pavement
used for runways, taxiways, and aprons and the specifica-
tion standards in tests necessary for the use of recycled
materials in such pavement. The primary focus of the
study shall be on the long term physical performance, safe-
ty implications, and environmental benefits of using recy-
cled materials in aviation pavement.
(b) CONTRACTING.—The Administrator may carry
out the study under this section by entering into a con-
tract with a university of higher education with expertise
necessary to carry out the study.
(c) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall transmit
to Congress a report on the results of the study conducted
under this section together with recommendations con-
cerning the use of recycled materials in aviation pavement.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $2,000,000 to carry out this
section.
SEC. 126. PAVEMENT MAINTENANCE.
(a) REPEAL OF PILOT PROGRAM.—Section 47132 is
repealed.
(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Sec-
tion 47102(3) is further amended by adding at the end
the following:
‘‘(I) routine work to preserve and extend
the useful life of runways, taxiways, and aprons
at airports that are not primary airports, under
guidelines issued by the Administrator.’’.
TITLE II—AIRLINE SERVICE
IMPROVEMENTS
Subtitle A—Service to Airports Not
Receiving Sufficient Service
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) REPEAL
OF SLOT RULE
FOR CERTAIN AIR-
PORTS.—Effective March 1, 2000, the requirements of
subparts K and S of part 93 of title 14, Code of Federal
Regulations, are of no force and effect at an airport other
than Ronald Reagan Washington National Airport. The
Secretary of Transportation is authorized to undertake
appropriate actions to effectuate an orderly termination
of these requirements.
(b) SLOT EXEMPTIONS FOR SERVICE TO REAGAN
NATIONAL AIRPORT.—Section 41714 of such title is
amended—
(1) by striking subsection (e) and inserting the
following:
‘‘(e) SLOTS FOR AIRPORTS NOT RECEIVING SUFFI-
CIENT SERVICE.—
‘‘(1) EXEMPTIONS.—Notwithstanding part D of
chapter 491 of this title, the Secretary may by order
grant exemptions from the requirements under sub-
parts K and S of part 93 of title 14, Code of Fed-
eral Regulations (pertaining to slots at high density
airports), to enable air carriers to provide nonstop
air transportation using jet aircraft that comply with
the stage 3 noise levels of part 36 of such title 14
between Ronald Reagan Washington National Air-
port and an airport that had less than 2,000,000
enplanements in the most recent year for which such
enplanement data is available or between Ronald
Reagan Washington National Airport and a airport
that does not have such nonstop transportation on
of the Federal Government of making a secured
loan under this section.
‘‘(2) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall es-
tablish a repayment schedule for each secured
loan under this section based on the projected
cash flow from aircraft revenues and other re-
payment sources.
‘‘(B) COMMENCEMENT.—Scheduled loan
repayments of principal or interest on a secured
loan under this section shall commence no later
than 3 years after the date of execution of the
loan agreement.
‘‘(3) PREPAYMENT.—
‘‘(A) USE
OF
EXCESS
REVENUE.—After
satisfying scheduled debt service requirements
on all financial obligations and secured loans
and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing financial obligations, the se-
cured loan may be prepaid at anytime without
penalty.
‘‘(B) USE
OF
PROCEEDS
OF
REFINANC-
ING.—The secured loan may be prepaid at any
time without penalty from proceeds of refinanc-
ing from non-Federal funding sources.
‘‘(c) LOAN GUARANTEES.—
‘‘(1) IN
GENERAL.—A loan guarantee under
this section with respect to a loan made for an air-
craft purchase shall be made in such form and on
such terms and conditions and contain such cov-
enants, representatives, warranties, and require-
ments (including requirements for audits) as the
Secretary determines appropriate.
‘‘(2) MAXIMUM AMOUNT.—No loan guarantee
shall be made under this section—
‘‘(A) extending to more than the unpaid
interest and 50 percent of the unpaid principal
an any loan;
‘‘(B) on any loan or combination of loans
for more that 50 percent of the purchase price
of the aircraft, including spare parts, to be pur-
chased with the loan or loan combination;
‘‘(C) on any loan with respect to which
terms permit repayment more than 15 years
after the date after the loan is made; or
‘‘(D) in any case in which the total face
amount of the loan and any loans to the same
air carrier that are guaranteed and outstanding
under the terms of this section exceed
$100,000,000.
‘‘(3) FEES.—The Secretary may establish fees
at the level sufficient to cover all the costs of the
Federal Government of making a loan guarantee
under this section.
‘‘(d) LINES OF CREDIT.—
‘‘(1) IN
GENERAL.—Subject to the require-
ments of this subsection, the Secretary may enter
into agreements to make available lines of credit to
1 or more obligors in the form of direct loans to be
made by the Secretary at future dates on the occur-
rence of certain events for any aircraft purchase se-
lected under this section.
‘‘(2) TERMS AND LIMITATIONS.—
‘‘(A) IN GENERAL.—A line of credit loan
under this subsection with respect to an aircraft
purchase shall be on such terms and conditions
and contain such covenants, representatives,
warranties, and requirements (including re-
quirements for audits) as the Secretary deter-
mines appropriate.
‘‘(B) MAXIMUM AMOUNT.—
‘‘(i) TOTAL AMOUNT.—The amount of
any line of credit shall not exceed 50 per-
cent of the reasonable anticipated eligible
costs.
‘‘(ii) 1-YEAR
DRAWS.—The amount
drawn in any year shall not exceed 20 per-
cent of the total amount of the line of
credit.
‘‘(C) DRAWS.—Any draw on the line of
credit shall represent a direct loan.
‘‘(D) PERIOD OF AVAILABILITY.—The line
of credit shall be available not more than 5
years after the aircraft purchase.
‘‘(E) RIGHTS
OF
THIRD-PARTY
CREDI-
TORS.—
‘‘(i) 
AGAINST
FEDERAL
GOVERN-
MENT.—A third-party creditor of the obli-
gor shall not have any right against the
Federal Government with respect to any
draw on the line of credit.
‘‘(ii) ASSIGNMENT.—An obligor may
assign the line of credit to 1 or more lend-
ers or to a trustee on the lender’s behalf.
‘‘(F) 
SUBORDINATION.—A 
direct 
loan
under this subsection may be subordinate to
claims of other holders of obligations in the
event of bankruptcy, insolvency, or liquidation
of the obligor as determined appropriate by the
Secretary.
‘‘(G) FEES.—The Secretary may establish
fees at the level sufficient to cover all the costs
of the Federal Government of providing a line
of credit under this subsection.
‘‘(3) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall es-
tablish a repayment schedule for each direct
loan under this section based on the projected
cash flow from aircraft revenues and other re-
payment sources.
‘‘(B) COMMENCEMENT.—Scheduled loan
repayments of principal or interest on a direct
loan under this section shall commence no later
than 3 years after the date of execution of the
loan agreement and shall be fully repaid, with
interest, not later than 18 years after the date
of execution of the loan agreement.
‘‘(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.
‘‘(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 Fed-
eral credit instrument is a regional jet aircraft need-
ed to improve the service and efficiency of operation
of the commuter air carrier or new entrant air car-
rier;
‘‘(2) the commuter air carrier or new entrant
air carrier agrees to use the aircraft to provide serv-
ice to underserved markets; and
‘‘(3) the prospective earning power of the com-
muter air carrier or new entrant air carrier, together
with the character and value of the security pledged,
furnish—
‘‘(A) reasonable assurances of the air car-
rier’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 operated 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 FED-
ERAL 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 pur-
chase; or
‘‘(2) $100,000,000.
‘‘(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 Jan-
uary 1, 1999.
‘‘(i) OTHER LIMITATIONS.—No Federal credit instru-
ment shall be made by the Secretary under this section
on any loan for the purchase of a regional jet aircraft un-
less the commuter air carrier or new entrant air carrier
agrees that it will provide scheduled passenger air trans-
portation to the underserved market for which the aircraft
is purchased for a period of not less than 36 consecutive
months after the 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 carry-
ing out this subchapter, the Secretary may use available
services and facilities of other agencies and instrumental-
ities of the Federal Government—
‘‘(1) with the consent of the appropriate Fed-
eral officials; and
‘‘(2) on a reimbursable basis.
‘‘(b) ASSISTANCE.—The head of each appropriate de-
partment or agency of the Federal Government shall exer-
cise the duties and functions of that head in such manner
as to assist in carrying out the policy specified in section
41761.
‘‘(c) OVERSIGHT.—The Secretary shall make avail-
able to the Comptroller General of the United States such
information with respect to any Federal credit instrument
made available under this subchapter as the Comptroller
General may require to carry out the duties of the Comp-
troller General under chapter 7 of title 31.
‘‘§ 41765. Receipts; payments
‘‘(a) MISCELLANEOUS.—Amounts received by the
Secretary of Transportation under this subchapter shall
be credited to miscellaneous receipts of the Treasury.
‘‘(b) PAYMENTS.—Payments to lenders required as a
consequence of any loan guarantee made under this sub-
chapter may be made from funds appropriated pursuant
to the authorization under section 212 of the Aviation In-
vestment Reform Act of the 21st Century.
‘‘(c) ADMINISTRATIVE EXPENSES.—In carrying out
this subchapter, the Secretary shall use funds made avail-
able by appropriations to the Department of Transpor-
tation for the purpose of administration to cover adminis-
trative expenses of the loan guarantee program under this
subchapter.
‘‘§ 41766. Termination
‘‘The authority of the Secretary of Transportation
under section 41763 shall terminate on the date that is
5 years after the date of the enactment of this sub-
chapter.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 417 of such title 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. Receipts; payments.
‘‘41766. Termination.’’.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
fiscal years 2000 through 2004 such sums as may be nec-
essary to carry out subchapter III of chapter 417 of title
49, United States Code.
TITLE III—FAA MANAGEMENT
REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended—
(1) by redesignating paragraphs (5) through
(41) as paragraphs (6) through (42), respectively;
and
(2) by inserting after paragraph (4) the follow-
ing:
‘‘(5) ‘air traffic control system’ means the com-
bination of elements used to safely and efficiently
monitor, direct, control, and guide aircraft in the
United States and United States-assigned airspace,
including—
‘‘(A) allocated electromagnetic spectrum
and physical, real, personal, and intellectual
property assets making up facilities, equipment,
and systems employed to detect, track, and
guide aircraft movement;
‘‘(B) laws, regulations, orders, directives,
agreements, and licenses;
‘‘(C) published procedures that explain re-
quired actions, activities, and techniques used
to assure adequate aircraft separation; and
‘‘(D) trained personnel with specific tech-
nical capabilities to satisfy the operational, en-
gineering, management, and planning require-
ments for air traffic control.’’.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following:
‘‘§ 113. Air Traffic Control Oversight Board
‘‘(a) ESTABLISHMENT.—There is established within
the Department of Transportation an ‘Air Traffic Control
Oversight Board’ (in this section referred to as the ‘Over-
sight Board’).
‘‘(b) MEMBERSHIP.—
‘‘(1) 
COMPOSITION.—The 
Oversight 
Board
shall be composed of 9 members, as follows:
‘‘(A) Six members shall be individuals who
are not otherwise Federal officers or employees
and who are appointed by the President, by and
with the advice and consent of the Senate.
‘‘(B) One member shall be the Secretary of
Transportation or, if the Secretary so des-
ignates, the Deputy Secretary of the Transpor-
tation.
‘‘(C) One member shall be the Adminis-
trator of the Federal Aviation Administration.
‘‘(D) One member shall be an individual
who is a full-time Federal employee or a rep-
resentative of employees and who is appointed
by the President, by and with the advice and
consent of the Senate.
‘‘(2) QUALIFICATIONS AND TERMS.—
‘‘(A) QUALIFICATIONS.—Members of the
Oversight Board described in paragraph (1)(A)
shall—
‘‘(i) have a fiduciary responsibility to
represent the public interest;
‘‘(ii) be citizens of the United States;
and
‘‘(iii) be appointed without regard to
political affiliation and solely on the basis
of their professional experience and exper-
tise in 1 or more of the following areas:
‘‘(I) Management of large service
organizations.
‘‘(II) Customer service.
‘‘(III) Management of large pro-
curements.
‘‘(IV) Information and commu-
nications technology.
‘‘(V) Organizational development.
‘‘(VI) Labor relations.
At least 3 of the members of the Oversight
Board described in paragraph (1)(A) shall have
knowledge of, or a background in, aviation. In
the aggregate, such members should collectively
bring to bear expertise in all of the areas de-
scribed in subclauses (I) through (V) of clause
(iii).
‘‘(B) PROHIBITIONS.—No member of the
Oversight Board described in paragraph (1)(A)
may—
‘‘(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation or
aeronautical enterprise;
‘‘(ii) engage in another business relat-
ed to aviation or aeronautics; or
‘‘(iii) be a member of any organization
that engages, as a substantial part of its
activities, in activities to influence aviation-
related legislation.
‘‘(C) TERMS.—Each member who is de-
scribed in subparagraph (A) or (D) of para-
graph (1) shall be appointed for a term of 5
years, except that of the members first ap-
pointed under paragraph (1)(A)—
‘‘(i) 2 members shall be appointed for
a term of 3 years;
‘‘(ii) 2 members shall be appointed for
a term of 4 years; and
‘‘(iii) 2 members shall be appointed
for a term of 5 years.
‘‘(D) 
REAPPOINTMENT.—An 
individual
who is described in subparagraph (A) or (D) of
paragraph (1) may be appointed to no more
than two 5-year terms on the Oversight Board.
‘‘(E) VACANCY.—Any vacancy on the
Oversight Board shall be filled in the same
manner as the original appointment. Any mem-
ber appointed to fill a vacancy occurring before
the expiration of the term for which the mem-
ber’s predecessor was appointed shall be ap-
pointed for the remainder of that term.
‘‘(3) ETHICAL CONSIDERATIONS.—
‘‘(A) 
FINANCIAL
DISCLOSURE.—During
the entire period that an individual appointed
under subparagraph (A) or (D) of paragraph
(1) is a member of the Oversight Board, such
individual shall be treated as serving as an offi-
cer or employee referred to in section 101(f) of
the Ethics in Government Act of 1978 for pur-
poses of title I of such Act, except that section
101(d) of such Act shall apply without regard
to the number of days of service in the position.
‘‘(B) RESTRICTIONS
ON
POST-EMPLOY-
MENT.—For purposes of section 207(c) of title
18, United States Code, an individual appointed
under subparagraph (A) or (D) of paragraph
(1) shall be treated as an employee referred to
in section 207(c)(2)(A)(i) of such title during
the entire period the individual is a member of
the Board, except that subsections (c)(2)(B)
and (f) of section 207 of such title shall not
apply.
‘‘(C) WAIVER.—The President may, only
at the time the President nominates the mem-
ber of the Oversight Board described in para-
graph (1)(D), waive for the term of the member
any appropriate provision of chapter 11 of title
18, United States Code, to the extent such
waiver is necessary to allow the member to par-
ticipate in the decisions of the Board while con-
tinuing to serve as a full-time Federal employee
or a representative of employees. Any such
waiver shall not be effective unless a written in-
tent of waiver to exempt such member (and ac-
tual waiver language) is submitted to the Sen-
ate with the nomination of such member.
‘‘(4) QUORUM.—Five members of the Oversight
Board shall constitute a quorum. A majority of
members present and voting shall be required for the
Oversight Board to take action.
‘‘(5) REMOVAL.—Any member of the Oversight
Board appointed under subparagraph (A) or (D) of
paragraph (1) may be removed for cause by the
President.
‘‘(6) CLAIMS.—
‘‘(A) IN GENERAL.—Members of the Over-
sight Board who are described in subparagraph
(A) or (D) of paragraph (1) shall have no per-
sonal liability under Federal law with respect to
any claim arising out of or resulting from an
act or omission by such member within the
scope of service as a member.
‘‘(B) EFFECT ON OTHER LAW.—This para-
graph shall not be construed—
‘‘(i) to affect any other immunity or
protection that may be available to such
member under applicable law with respect
to such transactions;
‘‘(ii) to affect any other right or rem-
edy against the United States under appli-
cable law; or
‘‘(iii) to limit or alter in any way the
immunities that are available under appli-
cable law for Federal officers and employ-
ees.
‘‘(c) GENERAL RESPONSIBILITIES.—
‘‘(1) OVERSIGHT.—
‘‘(A) IN GENERAL.—The Oversight Board
shall oversee the Federal Aviation Administra-
tion in its administration, management, con-
duct, direction, and supervision of the air traf-
fic control system.
‘‘(B) CONFIDENTIALITY.—The Oversight
Board shall ensure that appropriate confiden-
tiality is maintained in the exercise of its du-
ties.
‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight
Board shall have the following specific responsibilities:
‘‘(1) STRATEGIC PLANS.—To review, approve,
and monitor achievements under a strategic plan of
the Federal Aviation Administration for the air traf-
fic control system, including the establishment of—
‘‘(A) a mission and objectives;
‘‘(B) standards of performance relative to
such mission and objectives, including safety,
efficiency, and productivity; and
‘‘(C) annual and long-range strategic
plans.
‘‘(2) MODERNIZATION AND IMPROVEMENT.—To
review and approve—
‘‘(A) methods of the Federal Aviation Ad-
ministration to accelerate air traffic control
modernization and improvements in aviation
safety related to air traffic control; and
‘‘(B) procurements of air traffic control
equipment by the Federal Aviation Administra-
tion in excess of $100,000,000.
‘‘(3) OPERATIONAL
PLANS.—To review the
operational functions of the Federal Aviation Admin-
istration, including—
‘‘(A) plans for modernization of the air
traffic control system;
‘‘(B) plans for increasing productivity or
implementing cost-saving measures; and
‘‘(C) plans for training and education.
‘‘(4) MANAGEMENT.—To—
‘‘(A) review and approve the Administra-
tor’s appointment of a Chief Operating Officer
under section 106(r);
‘‘(B) review the Administrator’s selection,
evaluation, and compensation of senior execu-
tives of the Federal Aviation Administration
who have program management responsibility
over significant functions of the air traffic con-
trol system;
‘‘(C) review and approve the Administra-
tor’s plans for any major reorganization of the
Federal Aviation Administration that would im-
pact on the management of the air traffic con-
trol system;
‘‘(D) review and approve the Administra-
tor’s cost accounting and financial management
structure and technologies to help ensure effi-
cient and cost-effective air traffic control oper-
ation; and
‘‘(E) review the performance and coopera-
tion 
of 
managers 
responsible 
for 
major
acquistion projects, including the ability of the
managers to meet standards and budget tar-
gets.
‘‘(5) BUDGET.—To—
‘‘(A) review and approve the budget re-
quest of the Federal Aviation Administration
related to the air traffic control system pre-
pared by the Administrator;
‘‘(B) submit such budget request to the
Secretary of Transportation; and
‘‘(C) ensure that the budget request sup-
ports the annual and long-range strategic plans.
The Secretary shall submit the budget request referred to
in paragraph (4)(B) for any fiscal year to the President
who shall submit such request, without revision, to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation
and Appropriations of the Senate, together with the Presi-
dent’s annual budget request for the Federal Aviation Ad-
ministration for such fiscal year.
‘‘(e) REPORTING OF OVERTURNING OF BOARD DECI-
SIONS.—If the Secretary or Administrator overturns a de-
cision of the Board, the Secretary or Administrator, as
appropriate shall report such action to the President, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate.
‘‘(f) BOARD PERSONNEL MATTERS.—
‘‘(1) COMPENSATION OF MEMBERS.—
‘‘(A) IN GENERAL.—Each member of the
Oversight Board who—
‘‘(i) 
is 
described 
in 
subsection
(b)(1)(A); or
‘‘(ii) 
is 
described 
in 
subsection
(b)(1)(D) and is not otherwise a Federal
officer or employee,
shall be compensated at a rate of $30,000 per
year. All other members shall serve without
compensation for such service.
‘‘(B) 
CHAIRPERSON.—In 
lieu 
of 
the
amount specified in subparagraph (A), the
Chairperson of the Oversight Board shall be
compensated at a rate of $50,000 per year.
‘‘(2) TRAVEL EXPENSES.—
‘‘(A) IN GENERAL.—The members of the
Oversight Board shall be allowed travel ex-
penses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5,
United States Code, to attend meetings of the
Oversight Board and, with the advance ap-
proval of the Chairperson of the Oversight
Board, while otherwise away from their homes
or regular places of business for purposes of du-
ties as a member of the Oversight Board.
‘‘(B) REPORT.—The Oversight Board shall
include in its annual report under subsection
(g)(3)(A) information with respect to the travel
expenses allowed for members of the Oversight
Board under this paragraph.
‘‘(3) STAFF.—
‘‘(A) IN
GENERAL.—The Chairperson of
the Oversight Board may appoint and terminate
any personnel that may be necessary to enable
the Board to perform its duties.
‘‘(B) DETAIL OF GOVERNMENT EMPLOY-
EES.—Upon request of the Chairperson of the
Oversight Board, a Federal agency shall detail
a Federal Government employee to the Over-
sight Board without reimbursement. Such detail
shall be without interruption or loss of civil
service status or privilege.
‘‘(4) PROCUREMENT
OF
TEMPORARY
AND
INTERMITTENT SERVICES.—The Chairperson of the
Oversight Board may procure temporary and inter-
mittent services under section 3109(b) of title 5,
United States Code.
‘‘(g) ADMINISTRATIVE MATTERS.—
‘‘(1) CHAIR.—
‘‘(A) TERM.—The members of the Over-
sight Board shall elect for a 2-year term a
chairperson from among the members ap-
pointed under subsection (b)(1)(A).
‘‘(B) POWERS.—Except as otherwise pro-
vided by a majority vote of the Oversight
Board, the powers of the Chairperson shall
include—
‘‘(i) establishing committees;
‘‘(ii) setting meeting places and times;
‘‘(iii) establishing meeting agendas;
and
‘‘(iv) developing rules for the conduct
of business.
‘‘(2) MEETINGS.—The Oversight Board shall
meet at least quarterly and at such other times as
the Chairperson determines appropriate.
‘‘(3) REPORTS.—
‘‘(A) ANNUAL.—The Oversight Board shall
each year report with respect to the conduct of
its responsibilities under this title to the Presi-
dent, the Committee on Transportation and In-
frastructure of the House of Representatives,
and the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(B) ADDITIONAL REPORT.—Upon a de-
termination by the Oversight Board under sub-
section (c)(1)(B) that the organization and op-
eration of the Federal Aviation Administration’s
air traffic control system are not allowing the
Federal Aviation Administration to carry out its
mission, the Oversight Board shall report such
determination to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate.
‘‘(C) 
COMPTROLLER
GENERAL’S
RE-
PORT.—Not later than April 30, 2004, the
Comptroller General of the United States shall
transmit to the Committee on Transportation
and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science,
and Transportation of the Senate a report on
the success of the Oversight Board in improving
the performance of the air traffic control sys-
tem.’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) INITIAL
NOMINATIONS
TO
AIR
TRAFFIC
CONTROL OVERSIGHT BOARD.—The President shall
submit the initial nominations of the air traffic con-
trol oversight board to the Senate not later than 3
months after the date of enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINT-
MENT OF OVERSIGHT BOARD.—Nothing in this sec-
tion shall be construed to invalidate the actions and
authority of the Federal Aviation Administration
prior to the appointment of the members of the Air
Traffic Control Oversight Board.
SEC. 303. CHIEF OPERATING OFFICER.
Section 106 is amended by adding at the end the fol-
lowing:
‘‘(r) CHIEF OPERATING OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a
Chief Operating Officer for the air traffic con-
trol system to be appointed by the Adminis-
trator, with approval of the Air Traffic Control
Oversight Board established by section 113.
The Chief Operating Officer shall report di-
rectly to the Administrator and shall be subject
to the authority of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief Oper-
ating Officer shall have a demonstrated ability
in management and knowledge of or experience
in aviation.
‘‘(C) TERM.—The Chief Operating Officer
shall be appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief Operating Of-
ficer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall
make every effort to ensure stability and con-
tinuity in the leadership of the air traffic con-
trol system.
‘‘(E) VACANCY.—Any individual appointed
to fill a vacancy in the position of Chief Operat-
ing Officer occurring before the expiration of
the term for which the individual’s predecessor
was appointed shall be appointed for the re-
mainder of that term.
‘‘(2) ANNUAL
PERFORMANCE
AGREEMENT.—
The Administrator and the Chief Operating Officer,
in consultation with the Air Traffic Control Over-
sight Board, shall enter into an annual performance
agreement that sets forth measurable organization
and individual goals for the Chief Operating Officer
in key operational areas. The agreement shall be
subject to review and renegotiation on an annual
basis.
‘‘(3) ANNUAL
PERFORMANCE
REPORT.—The
Chief Operating Officer shall prepare and submit to
the Secretary of Transportation and Congress an
annual management report containing such informa-
tion as may be prescribed by the Secretary.’’.
SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY
COUNCIL.
(a) MEMBERSHIP.—Section 106(p)(2)(C) is amended
to read as follows:
‘‘(C) 13 members representing aviation in-
terests, appointed by—
‘‘(i) in the case of initial appointments
to the Council, the President by and with
the advice and consent of the Senate; and
‘‘(ii) in the case of subsequent ap-
pointments of the Council, the Secretary of
Transportation.’’.
(b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i)
is amended by striking ‘‘by the President’’.
SEC. 305. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROC-
ESS.—
(1) DEVELOPMENT
AND
IMPLEMENTATION.—
The Secretary shall develop and implement a coordi-
nated environmental review process for aviation in-
frastructure projects that require—
(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental assess-
ment under such Act; or
(B) the conduct of any other environ-
mental review, analysis, opinion, or issuance of
an environmental permit, license, or approval by
operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—
(A) IN GENERAL.—The coordinated envi-
ronmental review process for each project shall
ensure that, whenever practicable (as specified
in this section), all environmental reviews, anal-
yses, opinions, and any permits, licenses, or ap-
provals that must be issued or made by any
Federal agency for the project concerned shall
be conducted concurrently and completed within
a cooperatively determined time period. Such
process for a project or class of project may be
incorporated into a memorandum of under-
standing between the Department of Transpor-
tation and Federal agencies (and, where appro-
priate, State agencies).
(B) ESTABLISHMENT OF TIME PERIODS.—
In establishing the time period referred to in
subparagraph (A), and any time periods for re-
view within such period, the Department and all
such agencies shall take into account their re-
spective resources and statutory commitments.
(b) ELEMENTS OF COORDINATED ENVIRONMENTAL
REVIEW PROCESS.—For each project, the coordinated en-
vironmental review process established under this section
shall provide, at a minimum, for the following elements:
(1) FEDERAL
AGENCY
IDENTIFICATION.—The
Secretary shall, at the earliest possible time, identify
all potential Federal agencies that—
(A) have jurisdiction by law over environ-
mental-related issues that may be affected by
the project and the analysis of which would be
part of any environmental document required
by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently—
(i) conduct an environmental-related
review or analysis; or
(ii) determine whether to issue a per-
mit, license, or approval or render an opin-
ion on the environmental impact of the
project.
(2) TIME LIMITATIONS AND CONCURRENT RE-
VIEW.—The Secretary and the head of each Federal
agency identified under paragraph (1)—
(A)(i) shall jointly develop and establish
time periods for review for—
(I) all Federal agency comments with
respect to any environmental review docu-
ments required by the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the project; and
(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits, li-
censes, and approvals that must be issued
or made for the project;
whereby each such Federal agency’s review
shall be undertaken and completed within such
established time periods for review; or
(ii) may enter into an agreement to estab-
lish such time periods for review with respect to
a class of project; and
(B) shall ensure, in establishing such time
periods for review, that the conduct of any such
analysis, review, opinion, and decision is under-
taken concurrently with all other environmental
reviews for the project, including the reviews re-
quired by the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); except
that such review may not be concurrent if the
affected Federal agency can demonstrate that
such concurrent review would result in a signifi-
cant adverse impact to the environment or sub-
stantively alter the operation of Federal law or
would not be possible without information de-
veloped as part of the environmental review
process.
(3) FACTORS TO BE CONSIDERED.—Time peri-
ods for review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections
1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
(4) EXTENSIONS.—The Secretary shall extend
any time periods for review under this section if,
upon good cause shown, the Secretary and any Fed-
eral agency concerned determine that additional time
for analysis and review is needed as a result of new
information that has been discovered that could not
reasonably have been anticipated when the Federal
agency’s time periods for review were established.
Any memorandum of understanding shall be modi-
fied to incorporate any mutually agreed-upon exten-
sions.
(c) DISPUTE RESOLUTION.—When the Secretary de-
termines that a Federal agency which is subject to a time
period for its environmental review or analysis under this
section has failed to complete such review, analysis, opin-
ion, or decision on issuing any permit, license, or approval
within the established time period or within any agreed-
upon extension to such time period, the Secretary may,
after notice and consultation with such agency, close the
record on the matter before the Secretary. If the Secretary
finds, after timely compliance with this section, that an
environmental issue related to the project that an affected
Federal agency has jurisdiction over by operation of Fed-
eral law has not been resolved, the Secretary and the head
of the Federal agency shall resolve the matter not later
than 30 days after the date of the finding by the Sec-
retary.
(d) PARTICIPATION OF STATE AGENCIES.—For any
project eligible for assistance under chapter 1 of title 23,
United States Code, or chapter 53 of title 49, United
States Code, a State, by operation of State law, may re-
quire that all State agencies that have jurisdiction by
State or Federal law over environmental-related issues
that may be affected by the project, or that are required
to issue any environmental-related reviews, analyses, opin-
ions, or determinations on issuing any permits, licenses,
or approvals for the project, be subject to the coordinated
environmental review process established under this sec-
tion unless the Secretary determines that a State’s partici-
pation would not be in the public interest. For a State
to require State agencies to participate in the review proc-
ess, all affected agencies of the State shall be subject to
the review process.
(e) ASSISTANCE
TO AFFECTED FEDERAL AGEN-
CIES.—
(1) IN GENERAL.—The Secretary may approve
a request by a State or recipient to provide funds for
a highway project made available under chapter 1 of
title 23, United States Code, or for a mass transit
project made available under chapter 53 of title 49,
United States Code, to the State for the project sub-
ject to the coordinated environmental review process
established under this section to affected Federal
agencies to provide the resources necessary to meet
any time limits established under this section.
(2) AMOUNTS.—Such requests under paragraph
(1) shall be approved only—
(A) for the additional amounts that the
Secretary determines are necessary for the af-
fected Federal agencies to meet the time limits
for environmental review; and
(B) if such time limits are less than the
customary time necessary for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
(1) JUDICIAL REVIEW.—Nothing in this section
shall affect the reviewability of any final Federal
agency action in a court of the United States or in
the court of any State.
(2) SAVINGS CLAUSE.—Nothing in this section
shall affect the applicability of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
or any other Federal environmental statute or affect
the responsibility of any Federal officer to comply
with or enforce any such statute.
(g) FEDERAL AGENCY DEFINED.—In this section,
the term ‘‘Federal agency’’ means any Federal agency or
any State agency carrying out affected responsibilities re-
quired by operation of Federal law.
SEC. 306. CLARIFICATION OF REGULATORY APPROVAL
PROCESS.
Section 106(f)(3)(B)(i) is amended—
(1) by striking ‘‘$100,000,000’’ each place it
appears and inserting ‘‘$250,000,000’’;
(2) by striking ‘‘Air Traffic Management Sys-
tem Performance Improvement Act of 1996’’ and in-
serting ‘‘Aviation Investment and Reform Act for
the 21st Century’’;
(3) in subclause (I)—
(A) by inserting ‘‘substantial and’’ before
‘‘material’’; and
(B) by inserting ‘‘or’’ after the semicolon
at the end; and
(4) by striking subclauses (II), (III), and (IV)
and inserting the following:
‘‘(II) raise novel or significant
legal or policy issues arising out of
legal mandates that may substantially
and materially affect other transpor-
tation modes.’’.
SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO-
CATIONS.
(a) INDEPENDENT ASSESSMENT.—
(1) IN
GENERAL.—The Inspector General of
the Department of Transportation shall conduct the
assessments described in this section. To conduct
the assessments, the Inspector General may use the
staff and resources of the Inspector General or con-
tract with 1 or more independent entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY
OF FAA COST DATA AND ATTRIBUTIONS.—
(A) IN GENERAL.—The Inspector General
shall conduct an assessment to ensure that the
method for calculating the overall costs of the
Federal Aviation Administration and attrib-
uting such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the as-
sessment under this paragraph, the Inspector
General shall assess the following:
(i) The Federal Aviation Administra-
tion’s cost input data, including the reli-
ability of the Federal Aviation Administra-
tion’s source documents and the integrity
and reliability of the Federal Aviation Ad-
ministration’s data collection process.
(ii) The Federal Aviation Administra-
tion’s system for tracking assets.
(iii) The Federal Aviation Administra-
tion’s bases for establishing asset values
and depreciation rates.
(iv) The Federal Aviation Administra-
tion’s system of internal controls for ensur-
ing the consistency and reliability of re-
ported data.
(v) The Federal Aviation Administra-
tion’s definition of the services to which
the Federal Aviation Administration ulti-
mately attributes its costs.
100
(vi) The cost pools used by the Fed-
eral Aviation Administration and the ra-
tionale for and reliability of the bases
which the Federal Aviation Administration
proposes to use in allocating costs of serv-
ices to users.
(C) REQUIREMENTS FOR ASSESSMENT OF
COST
POOLS.—In carrying out subparagraph
(B)(vi), the Inspector General shall—
(i) review costs that cannot reliably be
attributed to specific Federal Aviation Ad-
ministration services or activities (called
‘‘common and fixed costs’’ in the Federal
Aviation Administration Cost Allocation
Study) and consider alternative methods
for allocating such costs; and
(ii) perform appropriate tests to as-
sess relationships between costs in the var-
ious cost pools and activities and services
to which the costs are attributed by the
Federal Aviation Administration.
(3) COST EFFECTIVENESS.—
(A) IN GENERAL.—The Inspector General
shall assess the progress of the Federal Avia-
tion Administration in cost and performance
101
management, including use of internal and ex-
ternal benchmarking in improving the perform-
ance and productivity of the Federal Aviation
Administration.
(B) ANNUAL
REPORTS.—Not later than
December 31, 2000, and annually thereafter
until December 31, 2004, the Inspector General
shall transmit to Congress an updated report
containing the results of the assessment con-
ducted under this paragraph.
(C) INFORMATION
TO
BE
INCLUDED
IN
FAA
FINANCIAL
REPORT.—The Administrator
shall include in the annual financial report of
the Federal Aviation Administration informa-
tion on the performance of the Administration
sufficient to permit users and others to make
an informed evaluation of the progress of the
Administration in increasing productivity.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,600,000 for fiscal year 2000.
102
TITLE IV—FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR-
TATION SAFETY BOARD.
(a) PROHIBITION
ON UNSOLICITED COMMUNICA-
TIONS.—
(1) 
IN
GENERAL.—Section 
1136(g)(2) 
is
amended—
(A) by inserting after ‘‘transportation,’’
the following: ‘‘and in a case involving a foreign
air carrier and an accident that occurs within
the United States,’’;
(B) by inserting after ‘‘attorney’’ the fol-
lowing: ‘‘(including any associate, agent, em-
ployee, or other representative of the attor-
ney)’’; and
(C) by striking ‘‘30th day’’ and inserting
‘‘45th day’’.
(2) ENFORCEMENT.—Section 1151 is amended
by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each
place it appears.
(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL
HEALTH AND COUNSELING SERVICES.—Section 1136(g)
is amended by adding at the end the following:
‘‘(3) PROHIBITION
ON
ACTIONS
TO
PREVENT
MENTAL HEALTH AND COUNSELING SERVICES.—No
103
State or political subdivision may prevent the em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from
providing mental health and counseling services
under subsection (c)(1) in the 30-day period begin-
ning on the date of the accident. The director of
family support services designated for the accident
under subsection (a)(1) may extend such period for
not to exceed an additional 30 days if the director
determines that the extension is necessary to meet
the needs of the families and if State and local au-
thorities are notified of the determination.’’.
(c) INCLUSION
OF NONREVENUE PASSENGERS
IN
FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is
amended to read as follows:
‘‘(2) 
PASSENGER.—The 
term 
‘passenger’
includes—
‘‘(A) an employee of an air carrier or for-
eign air carrier aboard an aircraft; and
‘‘(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight.’’.
104
(d) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 1136 is amended by adding at the end the follow-
ing:
‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations
that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft acci-
dent.’’.
SEC. 402. AIR CARRIER PLANS.
(a) CONTENTS OF PLANS.—
(1) FLIGHT RESERVATION INFORMATION.—Sec-
tion 41113(b) is amended by adding at the end the
following:
‘‘(14) An assurance that, upon request of the
family of a passenger, the air carrier will inform the
family of whether the passenger’s name appeared on
a preliminary passenger manifest for the flight in-
volved in the accident.’’.
(2) TRAINING OF EMPLOYEES AND AGENTS.—
Section 41113(b) is further amended by adding at
the end the following:
‘‘(15) An assurance that the air carrier will
provide adequate training to the employees and
105
agents of the carrier to meet the needs of survivors
and family members following an accident.’’.
(3) SUBMISSION
OF
UPDATED
PLANS.—The
amendments made by paragraphs (1) and (2) shall
take effect on the 180th day following the date of
enactment of this Act. On or before such 180th day,
each air carrier holding a certificate of public con-
venience and necessity under section 41102 of title
49, United States Code, shall submit to the Sec-
retary of Transportation and the Chairman of the
National Transportation Safety Board an updated
plan under section 41113 of such title that meets
the requirement of the amendments made by para-
graphs (1) and (2).
(4) CONSULTATION ON CARRIER RESPONSE NOT
COVERED BY A PLAN.—Section 41113(c) is amended
by striking ‘‘has included as part of such applica-
tion’’ and inserting the following: ‘‘has included as
part of such application—
‘‘(1) a plan that meets the requirements of sub-
section (b); and
‘‘(2) an agreement that in the event that the air
carrier volunteers assistance to United States citi-
zens within the United States in the case of an air-
craft accident outside the United States involving
106
major loss of life, the air carrier will consult with
the Board and the Department of State on the pro-
vision of the assistance.’’.
(5) 
CONFORMING
AMENDMENTS.—Section
41113 is amended—
(A) in subsection (a) by striking ‘‘Not later
than 6 months after the date of the enactment
of this section, each air carrier’’ and inserting
‘‘Each air carrier’’; and
(B) in subsection (c) by striking ‘‘After the
date that is 6 months after the date of the en-
actment of this section, the Secretary’’ and in-
serting ‘‘The Secretary’’.
(b) LIMITATION ON LIABILITY.—Section 41113(d) is
amended by inserting ‘‘, or in providing information con-
cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.
(c) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 41113 is amended by adding at the end the follow-
ing:
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations
that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft acci-
dent.’’.
107
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) INCLUSION OF NONREVENUE PASSENGERS IN
FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is
amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ has
the meaning given such term by section 1136 of this
title.’’.
(b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—
Section 41313(b) is amended by striking ‘‘significant’’ and
inserting ‘‘major’’.
(c) CONTENTS OF PLANS.—
(1) IN GENERAL.—Section 41313(c) is amend-
ed by adding at the end the following:
‘‘(15) An assurance that the foreign air carrier
will provide adequate training to the employees and
agents of the carrier to meet the needs of survivors
and family members following an accident.’’.
(2) SUBMISSION
OF
UPDATED
PLANS.—The
amendment made by paragraph (1) shall take effect
on the 180th day following the date of enactment of
this Act. On or before such 180th day, each foreign
air carrier providing foreign air transportation under
chapter 413 of title 49, United States Code, shall
submit to the Secretary of Transportation and the
Chairman of the National Transportation Safety
Board an updated plan under section 41313 of such
108
title that meets the requirement of the amendment
made by paragraph (1).
(d) CONSULTATION
ON CARRIER RESPONSE NOT
COVERED BY A PLAN.—Section 41313(d) is amended by
striking ‘‘has included as part of the application or request
for exemption’’ and inserting ‘‘has included as part of the
application or request for exemption—
‘‘(1) a plan that meets the requirements of sub-
section (c); and
‘‘(2) an agreement that, in the event that the
foreign air carrier volunteers assistance to United
States citizens within the United States in the case
of an aircraft accident outside the United States in-
volving major loss of life, the foreign air carrier will
consult with the Board and the Department of State
on the provision of the assistance.’’.
SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS
ACT.
(a) IN GENERAL.—Section 40120(a) is amended by
inserting ‘‘(including the Act entitled ‘An Act relating to
the maintenance of actions for death on the high seas and
other navigable waters’, approved March 30, 1920, com-
monly known as the Death on the High Seas Act (46
U.S.C. App. 761–767; 41 Stat. 537–538))’’ after ‘‘United
States’’.
109
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies to civil actions commenced after the
date of enactment of this Act and to civil actions that are
not adjudicated by a court of original jurisdiction or set-
tled on or before such date of enactment.
TITLE V—SAFETY
SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD-
LINES.
(a) IN GENERAL.—The Administrator shall require
by regulation that, no later than December 31, 2002,
equipment be installed, on each cargo aircraft with a maxi-
mum certificated takeoff weight in excess of 15,000 kilo-
grams or more, that provides protection from mid-air colli-
sions using technology that provides—
(1) cockpit based collision detection and conflict
resolution guidance, including display of traffic; and
(2) a margin of safety of at least the same level
as provided by the collision avoidance system known
as TCAS-II.
(b) EXTENSION OF DEADLINE.—The Administrator
may extend the deadline established by subsection (a) by
not more than 2 years if the Administrator finds that the
extension is needed to promote—
110
(1) a safe and orderly transition to the oper-
ation of a fleet of cargo aircraft equipped with colli-
sion avoidance equipment; or
(2) other safety or public interest objectives.
SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.
Section 44936(f) is amended—
(1) in paragraph (1)(B) by inserting ‘‘(except a
branch of the United States Armed Forces, the Na-
tional Guard, or a reserve component of the United
States Armed Forces)’’ after ‘‘person’’ the first
place it appears;
(2) in paragraph (1)(B)(ii) by striking ‘‘individ-
ual’’ and inserting ‘‘individual’s performance as a
pilot’’;
(3) in paragraph (14)(B) by inserting ‘‘or from
a foreign government or entity that employed the in-
dividual’’ after ‘‘exists’’; and
(4) by adding at the end the following:
‘‘(15) 
ELECTRONIC
ACCESS
TO
FAA
RECORDS.—For the purpose of increasing timely and
efficient access to Federal Aviation Administration
records described in paragraph (1), the Adminis-
trator may allow, under terms established by the Ad-
ministrator, a designated individual to have elec-
111
tronic access to a specified database containing in-
formation about such records.’’.
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EM-
PLOYEES.
Section 347(b)(1) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 (49
U.S.C. 106 note; 109 Stat. 460) is amended by inserting
before the semicolon at the end the following: ‘‘, including
the provisions for investigation and enforcement as pro-
vided in chapter 12 of title 5, United States Code’’.
SEC. 504. SAFETY RISK MITIGATION PROGRAMS.
Section 44701 is further amended by adding at the
end the following:
‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE-
LINES.—The Administrator shall issue guidelines and en-
courage the development of air safety risk mitigation pro-
grams throughout the aviation industry, including self-au-
dits and self-disclosure programs.’’.
SEC. 
505. 
FLIGHT 
OPERATIONS 
QUALITY 
ASSURANCE
RULES.
Not later than 30 days after the date of enactment
of this Act, the Administrator shall issue a notice of pro-
posed rulemaking to develop procedures to protect air car-
riers and their employees from civil enforcement actions
under the program known as Flight Operations Quality
112
Assurance. Not later than 1 year after the last day of the
period for public comment provided for in the notice of
proposed rulemaking, the Administrator shall issue a final
rule establishing such procedures.
SEC. 506. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of enactment
of this Act, the Administrator shall issue a notice of pro-
posed rulemaking on implementing section 44706(a)(2) of
title 49, United States Code, relating to issuance of air-
port operating certificates for small scheduled passenger
air carrier operations. Not later than 1 year after the last
day of the period for public comment provided for in the
notice of proposed rulemaking, the Administrator shall
issue a final rule on implementing such program.
SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following:
‘‘§ 44725. Life-limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator shall conduct
a rulemaking proceeding to require the safe disposition of
life-limited parts removed from an aircraft. The rule-
making proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has
reached or exceeded its life limits.
113
‘‘(b) SAFE DISPOSITION.—For the purposes of this
section, safe disposition includes any of the following
methods:
‘‘(1) The part may be segregated under cir-
cumstances that preclude its installation on an air-
craft.
‘‘(2) The part may be permanently marked to
indicate its used life status.
‘‘(3) The part may be destroyed in any manner
calculated to prevent reinstallation in an aircraft.
‘‘(4) The part may be marked, if practicable, to
include the recordation of hours, cycles, or other air-
worthiness information. If the parts are marked with
cycles or hours of usage, that information must be
updated when the part is retired from service.
‘‘(5) Any other method approved by the Admin-
istrator.
‘‘(c) DEADLINES.—In conducting the rulemaking
proceeding under subsection (a), the Administrator
shall—
‘‘(1) not later than 180 days after the date of
enactment of this section, issue a notice of proposed
rulemaking; and
114
‘‘(2) not later than 180 days after the close of
the comment period on the proposed rule, issue a
final rule.
‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No
rule issued under subsection (a) shall require the marking
of parts removed before the effective date of the rules
issued under subsection (a), nor shall any such rule forbid
the installation of an otherwise airworthy life-limited
part.’’.
(b) 
CIVIL
PENALTY.—Section 
46301(a)(3) 
is
amended—
(1) in subparagraph (A) by striking ‘‘or’’ at the
end;
(2) in subparagraph (B) by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) a violation of section 44726, relating
to the safe disposal of life-limited aircraft parts;
or’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 447 is further amended by adding at the end the
following:
‘‘44725. Life-limited aircraft parts.’’.
SEC. 508. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL.—Chapter 463 is amended—
115
(1) by redesignating section 46316 as section
46317; and
(2) by inserting after section 46315 the follow-
ing:
‘‘§ 46316. Interference with cabin or flight crew
‘‘An individual who interferes with the duties or re-
sponsibilities of the flight crew or cabin crew of a civil
aircraft, or who poses an imminent threat to the safety
of the aircraft or other individuals on the aircraft, is liable
to the United States Government for a civil penalty of not
more than $25,000.’’.
(b) 
COMPROMISE
AND
SETOFF.—Section
46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ be-
fore ‘‘or 47107(b)’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 463 is amended by striking the item relating to
section 46316 and inserting after the item relating to sec-
tion 46315 the following:
‘‘46316. Interference with cabin or flight crew.
‘‘46317. General criminal penalty when specific penalty not provided.’’.
TITLE VI—WHISTLEBLOWER
PROTECTION
SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR
SAFETY INFORMATION.
(a) GENERAL RULE.—Chapter 421 is amended by
adding at the end the following:
116
‘‘SUBCHAPTER III—WHISTLEBLOWER
PROTECTION PROGRAM
‘‘§ 42121. Protection of employees providing air safety
information
‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY-
EES.—No air carrier or contractor or subcontractor of an
air carrier may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment be-
cause the employee (or any person acting pursuant to a
request of the employee)—
‘‘(1) provided, caused to be provided, or is
about to provide (with the knowledge of the em-
ployer) or cause to be provided to the Federal Gov-
ernment information relating to any violation or al-
leged violation of any order, regulation, or standard
of the Federal Aviation Administration or any other
provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United
States;
‘‘(2) has filed, caused to be filed, or is about to
file (with the knowledge of the employer) or cause
to be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or stand-
ard of the Federal Aviation Administration or any
117
other provision of Federal law relating to air carrier
safety under this subtitle or any other law of the
United States;
‘‘(3) testified or is about to testify in such a
proceeding; or
‘‘(4) assisted or participated or is about to as-
sist or participate in such a proceeding.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING
AND
NOTIFICATION.—A person
who believes that he or she has been discharged or
otherwise discriminated against by a person in viola-
tion of subsection (a) may, not later than 90 days
after the date on which such violation occurs, file (or
have any person file on his or her behalf) a com-
plaint with the Secretary of Labor alleging such dis-
charge or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall notify the
person named in the complaint and the Adminis-
trator of the Federal Aviation Administration of the
filing of the complaint, of the allegations contained
in the complaint, of the substance of evidence sup-
porting the complaint, and of the opportunities that
will be afforded to such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
118
‘‘(A) IN
GENERAL.—Not later than 60
days after the date of receipt of a complaint
filed under paragraph (1) and after affording
the person named in the complaint an oppor-
tunity to submit to the Secretary of Labor a
written response to the complaint and an oppor-
tunity to meet with a representative of the Sec-
retary to present statements from witnesses,
the Secretary of Labor shall conduct an inves-
tigation and determine whether there is reason-
able cause to believe that the complaint has
merit and notify the complainant and the per-
son alleged to have committed a violation of
subsection (a) of the Secretary’s findings. If the
Secretary of Labor concludes that there is a
reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall
accompany the Secretary’s findings with a pre-
liminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after
the date of notification of findings under this
paragraph, either the person alleged to have
committed the violation or the complainant may
file objections to the findings or preliminary
order, or both, and request a hearing on the
119
record. The filing of such objections shall not
operate to stay any reinstatement remedy con-
tained in the preliminary order. Such hearings
shall be conducted expeditiously. If a hearing is
not requested in such 30-day period, the pre-
liminary order shall be deemed a final order
that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary of Labor shall
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subpara-
graph (A) unless the complainant makes a
prima facie showing that any behavior de-
scribed in paragraphs (1) through (4) of
subsection (a) was a contributing factor in
the unfavorable personnel action alleged in
the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the show-
ing required under clause (i), no investiga-
tion otherwise required under subpara-
graph (A) shall be conducted if the em-
120
ployer demonstrates, by clear and convinc-
ing evidence, that the employer would have
taken the same unfavorable personnel ac-
tion in the absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may de-
termine that a violation of subsection (a)
has occurred only if the complainant dem-
onstrates that any behavior described in
paragraphs (1) through (4) of subsection
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the
complaint.
‘‘(iv) PROHIBITION.—Relief may not
be ordered under subparagraph (A) if the
employer demonstrates by clear and con-
vincing evidence that the employer would
have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE FOR ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order providing the relief pre-
121
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final
order, a proceeding under this subsection may
be terminated on the basis of a settlement
agreement entered into by the Secretary of
Labor, the complainant, and the person alleged
to have committed the violation.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the person who committed such vio-
lation to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay), terms,
conditions, and privileges associated with
his or her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
If such an order is issued under this paragraph,
the Secretary of Labor, at the request of the
complainant, shall assess against the person
122
against whom the order is issued a sum equal
to the aggregate amount of all costs and ex-
penses (including attorneys’ and expert witness
fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or
in connection with, the bringing the complaint
upon which the order was issued.
‘‘(C) FRIVOLOUS
COMPLAINTS.—If the
Secretary of Labor finds that a complaint
under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reason-
able attorney’s fee not exceeding $5,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—
Any person adversely affected or aggrieved by
an order issued under paragraph (3) may ob-
tain review of the order in the United States
Court of Appeals for the circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. The petition for review must be filed not
later than 60 days after the date of the
issuance of the order of the Secretary of Labor.
123
Review shall conform to chapter 7 of title 5,
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of
the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which review could have been
obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever a person has failed to comply
with an order issued under paragraph (3), the Sec-
retary of Labor may file a civil action in the United
States district court for the district in which the vio-
lation was found to occur to enforce such order. In
actions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief including, but not limited to, injunctive relief
and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
124
against the person to whom such order was
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of an air carrier who, acting without direction
from such air carrier (or such air carrier’s agent), delib-
erately causes a violation of any requirement relating to
air carrier safety under this subtitle or any other law of
the United States.
125
‘‘(e) CONTRACTOR DEFINED.—In this section, the
term ‘contractor’ means a company that performs safety-
sensitive functions by contract for an air carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the follow-
ing:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 602. CIVIL PENALTY.
Section 46301(a)(1)(A) is amended by striking ‘‘sub-
chapter II of chapter 421’’ and inserting ‘‘subchapter II
or III of chapter 421’’.
TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking
‘‘40113(a), (c), and (d),’’ and all that follows through
‘‘45302–45304,’’ and inserting ‘‘40113(a), 40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445
(except sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723),
chapter 449 (except sections 44903(d), 44904, 44905,
126
44907–44911, 44913, 44915, and 44931–44934), chapter
451, chapter 453, sections’’.
SEC. 702. PROHIBITION ON RELEASE OF OFFEROR PROPOS-
ALS.
Section 40110 is amended by adding at the end the
following:
‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a proposal in the possession or con-
trol of the Administrator may not be made available
to any person under section 552 of title 5, United
States Code.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror the
disclosure of which is authorized by the Adminis-
trator pursuant to procedures published in the Fed-
eral Register. The Administrator shall provide an
opportunity for public comment on the procedures
for a period of not less than 30 days beginning on
the date of such publication in order to receive and
consider the views of all interested parties on the
procedures. The procedures shall not take effect be-
fore the 60th day following the date of such publica-
tion.