In the Senate of the United States,
October 5, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 1000) entitled ‘‘An Act to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF SECTIONS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Air
Transportation Improvement Act’’.
(b) TABLE OF SECTIONS.—The table of sections for this
Act is as follows:
Sec. 1. Short title; table of sections.
Sec. 2. Amendments to title 49, United States Code.
TITLE I—AUTHORIZATIONS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility planning
and programs.
Sec. 104. Reprogramming notification requirement.
Sec. 105. Airport security program.
Sec. 106. Automated surface observation system stations.
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TITLE II—AIRPORT IMPROVEMENT PROGRAM AMENDMENTS
Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning and pro-
grams.
Sec. 205. Technical amendments.
Sec. 206. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.
Sec. 213. Contract tower cost-sharing.
TITLE III—AMENDMENTS TO AVIATION LAW
Sec. 301. Severable services contracts for periods crossing fiscal years.
Sec. 302. Stage 3 noise level compliance for certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; technical amend-
ments to Pilot Records Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation without an
airman’s certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
Sec. 311. Review process for emergency orders under section 44709.
TITLE IV—MISCELLANEOUS
Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska guide pilots.
Sec. 412. Alaska rural aviation improvement.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Application of Federal Procurement Policy Act.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
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Sec. 422. Tourism.
Sec. 423. Sense of the Senate on property taxes on public-use airports.
Sec. 424. Federal Aviation Administration Personnel Management System.
Sec. 425. Authority to sell aircraft and aircraft parts for use in responding to
oil spills.
Sec. 426. Aircraft and aviation component repair and maintenance advisory
panel.
Sec. 427. Aircraft situational display data.
Sec. 428. Allocation of Trust Fund funding.
Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration project.
Sec. 430. Airline marketing disclosure.
Sec. 431. Compensation under the Death on the High Seas Act.
Sec. 432. FAA study of breathing hoods.
Sec. 433. FAA study of alternative power sources for flight data recorders and
cockpit voice recorders.
Sec. 434. Passenger facility fee letters of intent.
Sec. 435. Elimination of HAZMAT enforcement backlog.
Sec. 436. FAA evaluation of long-term capital leasing.
Sec. 437. Prohibitions against smoking on scheduled flights.
Sec. 438. Designating current and former military airports.
Sec. 439. Rolling stock equipment.
Sec. 440. Monroe Regional Airport land conveyance.
Sec. 441. Cinncinati-Municipal Blue Ash Airport.
Sec. 442. Report on Specialty Metals Consortium.
Sec. 443. Pavement condition.
Sec. 444. Inherently low-emission airport vehicle pilot program.
Sec. 445. Conveyance of airport property to an institution of higher education in
Oklahoma.
Sec. 446. Automated Surface Observation System/Automated Weather Observing
System Upgrade.
Sec. 447. Terminal Automated Radar Display and Information System.
Sec. 448. Cost/benefit analysis for retrofit of 16G seats.
Sec. 449. Raleigh County, West Virginia, Memorial Airport.
Sec. 450. Airport safety needs.
Sec. 451. Flight training of international students.
Sec. 452. Grant Parish, Louisiana.
Sec. 453. Designation of general aviation airport.
Sec. 454. Airline Deregulation Study Commission.
Sec. 455. Nondiscrimination in the use of private airports.
Sec. 456. Curfew.
Sec. 457. Federal Aviation Administration Year 2000 Technology Safety Enforce-
ment Act of 1999.
Sec. 458. Expressing the sense of the Senate concerning air traffic over northern
Delaware.
Sec. 459. Study of outdoor air, ventilation, and recirculation air requirements for
passenger cabins in commercial aircraft.
Sec. 460. General Aviation Metropolitan Access and Reliever Airport Grant
Fund.
Sec. 461. Study on airport noise.
Sec. 462. Sense of the Senate concerning EAS.
Sec. 463. Airline quality service reports.
Sec. 464. Prevention of frauds involving aircraft or space vehicle parts in inter-
state or foreign commerce.
Sec. 465. Preservation of essential air service at dominated hub airports.
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Sec. 466. Availability of funds for Georgia’s regional airport enhancement pro-
gram.
TITLE V—AVIATION COMPETITION PROMOTION
Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Changes in, and phase-out of, slot rules.
Sec. 507. Consumer notification of e-ticket expiration dates.
Sec. 508. Regional air service incentive options.
Sec. 509. Requirement to enhance competitiveness of slot exemptions for regional
jet air service and new entrant air carriers at certain high den-
sity traffic airports.
TITLE VI—NATIONAL PARKS OVERFLIGHTS
Sec. 601. Findings.
Sec. 602. Air tour management plans for national parks.
Sec. 603. Advisory group.
Sec. 604. Overflight fee report.
Sec. 605. Prohibition of commercial air tours over the Rocky Mountain National
Park.
TITLE VII—TITLE 49 TECHNICAL CORRECTIONS
Sec. 701. Restatement of 49 U.S.C. 106(g).
Sec. 702. Restatement of 49 U.S.C. 44909.
TITLE VIII—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel, and funds.
Sec. 803. Amendment of title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. Sale and distribution of nautical and aeronautical products by NOAA.
TITLE IX—MANAGEMENT REFORMS OF THE FEDERAL AVIATION
ADMINISTRATION
Sec. 901. Short title.
Sec. 902. Amendments to title 49, United States Code.
Sec. 903. Definitions.
Sec. 904. Findings.
Sec. 905. Air traffic control system defined.
Sec. 906. Chief Operating Officer for air traffic services.
Sec. 907. Federal Aviation Management Advisory Council.
Sec. 908. Compensation of the Administrator.
Sec. 909. National airspace redesign.
Sec. 910. FAA costs and allocations system management.
Sec. 911. Air traffic modernization pilot program.
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TITLE X—METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT
ACT
Sec. 1001. Short title.
Sec. 1002. Removal of limitation.
TITLE XI—NOISE ABATEMENT
Sec. 1101. Good neighbors policy.
Sec. 1102. GAO review of aircraft engine noise assessment.
Sec. 1103. GAO review of FAA community noise assessment.
TITLE XII—STUDY TO ENSURE CONSUMER INFORMATION
Sec. 1201. Short title.
Sec. 1202. National Commission to Ensure Consumer Information and Choice in
the Airline Industry.
TITLE XIII—FEDERAL AVIATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
Sec. 1301. Authorization of appropriations.
Sec. 1302. Integrated national aviation research plan.
Sec. 1303. Internet availability of information.
Sec. 1304. Research on nonstructural aircraft systems.
Sec. 1305. Post Free Flight Phase I activities.
Sec. 1306. Research program to improve airfield pavements.
Sec. 1307. Sense of Senate regarding protecting the frequency spectrum used for
aviation communication.
Sec. 1308. Study.
TITLE XIV—AIRLINE CUSTOMER SERVICE COMMITMENT
Sec. 1401. Airline customer service reports.
Sec. 1402. Increased financial responsibility for lost baggage.
Sec. 1403. Increased penalty for violation of aviation consumer protection laws.
Sec. 1404. Comptroller General investigation.
Sec. 1405. Funding of enforcement of airline consumer protections.
TITLE XV—PENALTIES FOR UNRULY PASSENGERS
Sec. 1501. Penalties for unruly passengers.
Sec. 1502. Deputizing of strike State and local law enforcement officers.
Sec. 1503. Study and report on aircraft noise.
TITLE XVI—AIRLINE COMMISSION
Sec. 1601. Short title.
Sec. 1602. National Commission to Ensure Consumer Information and Choice in
the Airline Industry.
TITLE XVII—TRANSPORTATION OF ANIMALS
Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.
SUBTITLE A—ANIMAL WELFARE
Sec. 1711. Definition of transport.
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Sec. 1712. Information on incidence of animals in air transport.
Sec. 1713. Reports by carriers on incidents involving animals during air trans-
port.
Sec. 1714. Annual reports.
SUBTITLE B—TRANSPORTATION
Sec. 1721. Policies and procedures for transporting animals.
Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals
during air transport.
Sec. 1723. Cargo hold improvements to protect animal health and safety.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
TITLE I—AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPER-
ATIONS.
(a) IN GENERAL.—Section 106(k) is amended to read
as follows:
‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OPER-
ATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Transportation for
operations of the Administration $5,632,000,000 for
fiscal year 1999, $5,784,000,000 for fiscal year 2000,
$6,073,000,000 
for 
fiscal 
year 
2001, 
and
$6,377,000,000 for fiscal year 2002. Of the amounts
authorized to be appropriated for fiscal year 2000,
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not more than $9,100,000 shall be used to support air
safety efforts through payment of United States mem-
bership obligations, to be paid as soon as practicable.
‘‘(2) 
AUTHORIZED
EXPENDITURES.—Of 
the
amounts appropriated under paragraph (1) $450,000
may be used for wildlife hazard mitigation measures
and management of the wildlife strike database of the
Federal Aviation Administration.
‘‘(3) UNIVERSITY CONSORTIUM.—There are au-
thorized to be appropriated not more than $9,100,000
for the 3 fiscal year period beginning with fiscal year
2000 to support a university consortium established
to provide an air safety and security management
certificate program, working cooperatively with the
Federal Aviation Administration and United States
air 
carriers. 
Funds 
authorized 
under 
this
paragraph—
‘‘(A) may not be used for the construction
of a building or other facility; and
‘‘(B) shall be awarded on the basis of open
competition.’’.
(b) COORDINATION.—The authority granted the Sec-
retary under section 41720 of title 49, United States Code,
does not affect the Secretary’s authority under any other
provision of law.
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SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) IN GENERAL.—Section 48101(a) is amended by
striking paragraphs (1) and (2) and inserting the following:
‘‘(1) $2,131,000,000 for fiscal year 1999.
‘‘(2) $2,689,000,000 for fiscal year 2000.
‘‘(3) $2,799,000,000 for fiscal year 2001.
‘‘(4) $2,914,000,000 for fiscal year 2002.’’.
(b) CONTINUATION OF ILS INVENTORY PROGRAM.—
Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘fiscal years 1995 and 1996’’ and
inserting ‘‘fiscal years 1999 through 2002’’; and
(2) by striking ‘‘acquisition,’’ and inserting ‘‘ac-
quisition under new or existing contracts,’’.
(c) LIFE-CYCLE COST ESTIMATES.—The Adminis-
trator of the Federal Aviation Administration shall estab-
lish life-cycle cost estimates for any air traffic control mod-
ernization project the total life-cycle costs of which equal
or exceed $50,000,000.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS.
(a) EXTENSION AND AUTHORIZATION.—Section 48103
is amended by striking ‘‘1999.’’ and inserting ‘‘1999,
$4,885,000,000 for fiscal years ending before October 1,
2000, $7,295,000,000 for fiscal years ending before October
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1, 2001, and $9,705,000,000 for fiscal years ending before
October 1, 2002.’’.
(b) PROJECT GRANT AUTHORITY.—Section 47104(c) is
amended by striking ‘‘September 30, 1999,’’ and inserting
‘‘September 30, 2002,’’.
SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.
Before reprogramming any amounts appropriated
under section 106(k), 48101(a), or 48103 of title 49, United
States Code, for which notification of the Committees on
Appropriations of the Senate and the House of Representa-
tives is required, the Secretary of Transportation shall sub-
mit a written explanation of the proposed reprogramming
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
SEC. 105. AIRPORT SECURITY PROGRAM.
(a) IN GENERAL.—Chapter 471 (as amended by sec-
tion 202(a) of this Act) is amended by adding at the end
thereof 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 1 project to
test and evaluate innovative aviation security systems and
related technology.
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‘‘(b) PRIORITY.—In carrying out this section, the Sec-
retary 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 innovative
aviation security systems or related technology, in-
cluding explosives detection systems, for the purpose
of improving aviation and aircraft physical security,
access control, and passenger and baggage screening;
and
‘‘(2) provides testing and evaluation of airport
security systems and technology in an operational,
testbed environment.
‘‘(c) MATCHING
SHARE.—Notwithstanding section
47109, the United States Government’s share of allowable
project costs for a project under this section is 100 percent.
‘‘(d) TERMS AND CONDITIONS.—The Secretary may es-
tablish such terms and conditions as the Secretary deter-
mines appropriate for carrying out a project under this sec-
tion, including terms and conditions relating to the form
and content of a proposal for a project, project assurances,
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-
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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 chapter analysis
for such chapter (as amended by section 202(b) of this Act)
is amended by inserting after the item relating to section
47135 the following:
‘‘47136. Airport security program.’’.
SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM
STATIONS.
The Administrator of the Federal Aviation Adminis-
tration shall not terminate human weather observers for
Automated Surface Observation System stations until—
(1) the Secretary of Transportation determines
that the System provides consistent reporting of
changing meteorological conditions and notifies the
Congress in writing of that determination; and
(2) 60 days have passed since the report was
submitted to the Congress.
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TITLE 
II—AIRPORT 
IMPROVE-
MENT 
PROGRAM 
AMEND-
MENTS
SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND.
Section 47115(g) is amended by striking paragraph
(4).
SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) CODIFICATION AND IMPROVEMENT OF 1996 PRO-
GRAM.—Subchapter I of chapter 471 is amended by adding
at the end thereof the following:
‘‘§ 47135. Innovative financing techniques
‘‘(a) IN GENERAL.—The Secretary of Transportation
is authorized to carry out a demonstration program under
which the Secretary may approve applications under this
subchapter for not more than 20 projects for which grants
received under the subchapter may be used to implement
innovative financing techniques.
‘‘(b) PURPOSE.—The purpose of the demonstration
program shall be to provide information on the use of inno-
vative financing techniques for airport development
projects.
‘‘(c) LIMITATION.—In no case shall the implementa-
tion of an innovative financing technique under this section
be used in a manner giving rise to a direct or indirect guar-
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antee of any airport debt instrument by the United States
Government.
‘‘(d) INNOVATIVE FINANCING TECHNIQUE DEFINED.—
In this section, the term ‘innovative financing technique’
includes methods of financing projects that the Secretary
determines may be beneficial to airport development,
including—
‘‘(1) payment of interest;
‘‘(2) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development; and
‘‘(3) flexible non-Federal matching require-
ments.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 471 is amended by inserting after the item relat-
ing to section 47134 the following:
‘‘47135. Innovative financing techniques.’’.
SEC. 203. MATCHING SHARE.
Section 47109(a)(2) is amended by inserting ‘‘not
more than’’ before ‘‘90 percent’’.
SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COM-
PATIBILITY PLANNING AND PROGRAMS.
Section 47117(e)(1)(A) is amended by striking ‘‘31’’
each time it appears and inserting ‘‘35’’.
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SEC. 205. TECHNICAL AMENDMENTS.
(a) USE OF APPORTIONMENTS FOR ALASKA, PUERTO
RICO, AND HAWAII.—Section 47114(d)(3) is amended to
read as follows:
‘‘(3) An amount apportioned under paragraph
(2) of this subsection for airports in Alaska, Hawaii,
or Puerto Rico may be made available by the Sec-
retary for any public airport in those respective juris-
dictions.’’.
(b) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—
Section 47114(e) is amended—
(1) by striking ‘‘ALTERNATIVE’’ in the subsection
caption and inserting ‘‘SUPPLEMENTAL’’;
(2) in paragraph (1) by—
(A) striking ‘‘Instead of apportioning
amounts for airports in Alaska under’’ and in-
serting ‘‘Notwithstanding’’; and
(B) striking ‘‘those airports’’ and inserting
‘‘airports in Alaska’’; and
(3) striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) An amount apportioned under this sub-
section may be used for any public airport in Alas-
ka.’’.
(c) REPEAL OF APPORTIONMENT LIMITATION ON COM-
MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117
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is amended by striking subsection (f) and redesignating sub-
sections (g) and (h) as subsections (f) and (g), respectively.
(d) CONTINUATION OF PROJECT FUNDING.—Section
47108 is amended by adding at the end thereof the fol-
lowing:
‘‘(e) CHANGE IN AIRPORT STATUS.—If the status of
a primary airport changes to a nonprimary airport at a
time when a development project under a multiyear agree-
ment under subsection (a) is not yet completed, the project
shall remain eligible for funding from discretionary funds
under section 47115 of this title at the funding level and
under the terms provided by the agreement, subject to the
availability of funds.’’.
(e) GRANT ELIGIBILITY FOR PRIVATE RELIEVER AIR-
PORTS.—Section 47102(17)(B) is amended—
(1) by striking ‘‘or’’ at the end of clause (i) and
redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following:
‘‘(ii) a privately-owned airport that, as
a reliever airport, received Federal aid for
airport development prior to October 9,
1996, but only if the Administrator issues
revised administrative guidance after July
1, 1998, for the designation of reliever air-
ports; or’’.
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(f) PASSENGER FACILITY FEE WAIVER FOR CERTAIN
CLASS OF CARRIERS.—Section 40117(e)(2) is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B);
(2) by striking ‘‘payment.’’ in subparagraph (C)
and inserting ‘‘payment;’’; and
(3) by adding at the end thereof the following:
‘‘(D) on flights, including flight segments,
between 2 or more points in Hawaii.’’.
(g) PASSENGER FACILITY FEE WAIVER FOR CERTAIN
CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN ISO-
LATED COMMUNITIES.—Section 40117(i) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking ‘‘transportation.’’ in paragraph
(2)(D) and inserting ‘‘transportation; and’’; and
(3) by adding at the end thereof 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 carriers in the
class constitutes not more than one percent of the
total number of passengers enplaned annually at
the airport at which the fee is imposed; or
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‘‘(B) passengers enplaned on a flight to an
airport—
‘‘(i) that has fewer than 2,500 pas-
senger boardings each year and receives
scheduled passenger service; or
‘‘(ii) in a community which has a pop-
ulation of less than 10,000 and is not con-
nected by a land highway or vehicular way
to the land-connected National Highway
System within a State.’’.
(h) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY FOR
AIRPORTS IN SURPLUS PROPERTY DISPOSAL.—
(1) Section 47151 is amended—
(A) by striking ‘‘give’’ in subsection (a) and
inserting ‘‘convey to’’;
(B) by striking ‘‘gift’’ in subsection (a)(2)
and inserting ‘‘conveyance’’;
(C) by striking ‘‘giving’’ in subsection (b)
and inserting ‘‘conveying’’;
(D) by striking ‘‘gift’’ in subsection (b) and
inserting ‘‘conveyance’’; and
(E) by adding at the end thereof the fol-
lowing:
‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except for re-
quests from another Federal agency, a department, agency,
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or instrumentality of the Executive Branch of the United
States Government shall give priority to a request by a pub-
lic agency (as defined in section 47102 of this title) for sur-
plus property described in subsection (a) of this section for
use at a public airport.’’.
(2) Section 47152 is amended—
(A) by striking ‘‘gifts’’ in the section cap-
tion and inserting ‘‘conveyances’’; and
(B) by striking ‘‘gift’’ in the first sentence
and inserting ‘‘conveyance’’.
(3) The chapter analysis for chapter 471 is
amended by striking the item relating to section
47152 and inserting the following:
‘‘47152. Terms of conveyances.’’.
(4) Section 47153(a) is amended—
(A) by striking ‘‘gift’’ in paragraph (1) and
inserting ‘‘conveyance’’;
(B) by striking ‘‘given’’ in paragraph
(1)(A) and inserting ‘‘conveyed’’; and
(C) by striking ‘‘gift’’ in paragraph (1)(B)
and inserting ‘‘conveyance’’.
(i) 
MINIMUM
APPORTIONMENT.—Section
47114(c)(1)(B) is amended by adding at the end thereof the
following: ‘‘For fiscal years beginning after fiscal year
1999, the preceding sentence shall be applied by substituting
‘$650,000’ for ‘$500,000’.’’.
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(j) APPORTIONMENT FOR CARGO ONLY AIRPORTS.—
(1) Section 47114(c)(2)(A) is amended by strik-
ing ‘‘2.5 percent’’ and inserting ‘‘3 percent’’.
(2) Section 47114(c)(2) is further amended by
striking subparagraph (C) and redesignating sub-
paragraph (D) as subparagraph (C).
(k) TEMPORARY AIR SERVICE INTERRUPTIONS.—Sec-
tion 47114(c)(1) is amended by adding at the end thereof
the following:
‘‘(C) The Secretary may, notwithstanding
subparagraph (A), apportion to an airport spon-
sor in a fiscal year an amount equal to the
amount apportioned to that sponsor in the pre-
vious fiscal year if the Secretary finds that—
‘‘(i) passenger boardings at the airport
fell below 10,000 in the calendar year used
to calculate the apportionment;
‘‘(ii) the airport had at least 10,000
passenger boardings in the calendar year
prior to the calendar year used to calculate
apportionments to airport sponsors in a fis-
cal year; and
‘‘(iii) the cause of the shortfall in pas-
senger boardings was a temporary but sig-
nificant interruption in service by an air
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carrier to that airport due to an employ-
ment action, natural disaster, or other event
unrelated to the demand for air transpor-
tation at the affected airport.’’.
(l) FLEXIBILITY IN PAVEMENT DESIGN STANDARDS.—
Section 47114(d) is amended by adding at the end thereof
the following:
‘‘(4) The Secretary may permit the use of State
highway specifications for airfield pavement construc-
tion using funds made available under this subsection
at nonprimary airports with runways of 5,000 feet or
shorter serving aircraft 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 Ad-
ministration standards.
An airport may not seek funds under this subchapter
for runway rehabilitation or reconstruction of any
such airfield pavement constructed using State high-
way specifications for a period of 10 years after con-
struction is completed.’’.
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(m) ELIGIBILITY OF RUNWAY INCURSION PREVENTION
DEVICES.—
(1) POLICY.—Section 47101(a)(11) is amended
by inserting ‘‘(including integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices)’’
after ‘‘activities’’.
(2) MAXIMUM USE OF SAFETY FACILITIES.—Sec-
tion 47101(f) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (9); and
(B) by striking ‘‘area.’’ in paragraph (10)
and inserting ‘‘area; and’’; and
(C) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention
devices, including integrated in-pavement lighting
systems for runways and taxiways.’’.
(3) AIRPORT DEVELOPMENT DEFINED.—Section
47102(3)(B)(ii) is amended by inserting ‘‘and includ-
ing integrated in-pavement lighting systems for run-
ways and taxiways and other runway and taxiway
incursion prevention devices’’ before the semicolon at
the end.
(n) TECHNICAL AMENDMENTS.—Section 47116(d) is
amended—
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(1) by striking ‘‘In making’’ and inserting the
following:
‘‘(1) CONSTRUCTION
OF
NEW
RUNWAYS.—In
making’’;
(2) by adding at the end the following:
‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POW-
ERED AIRCRAFT.—In making grants to sponsors de-
scribed 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 per-
cent.’’; and
(3) by aligning the remainder of paragraph (1)
(as designated by subparagraph (A) of this para-
graph) with paragraph (2) (as added by subpara-
graph (B) of this paragraph).
SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY
ENHANCEMENTS.
Within 9 months after the date of enactment of this
Act, the Secretary of Transportation shall report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives on efforts by
the Federal Aviation Administration to implement capacity
enhancements and improvements, both technical and proce-
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dural, such as precision runway monitoring systems, and
the time frame for implementation of such enhancements
and improvements.
SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.
Section 47120 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘In’’; and
(2) by adding at the end thereof the following:
‘‘(b) DISCRETIONARY FUNDING TO BE USED
FOR
HIGHER PRIORITY PROJECTS.—The Administrator of the
Federal Aviation Administration shall discourage airport
sponsors and airports from using entitlement funds for
lower priority projects by giving lower priority to discre-
tionary projects submitted by airport sponsors and airports
that have used entitlement funds for projects that have a
lower priority than the projects for which discretionary
funds are being requested.’’.
SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE RE-
QUIREMENT WAIVED.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law to the contrary, the Secretary of Transportation
may not waive any assurance required under section 47107
of title 49, United States Code, that requires property to
be used for aeronautical purposes unless the Secretary pro-
vides notice to the public not less than 30 days before
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issuing any such waiver. Nothing in this section shall be
construed to authorize the Secretary to issue a waiver of
any assurance required under that section.
(b) EFFECTIVE DATE.—This section applies to any re-
quest filed on or after the date of enactment of this Act.
SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.
Section 40102(a)(37)(B)(ii) is amended—
(1) by striking ‘‘or’’ at the end of subclause (I);
(2) by striking the ‘‘States.’’ in subclause (II)
and inserting ‘‘States; or’’; and
(3) by adding at the end thereof the following:
‘‘(III) 
transporting 
persons
aboard the aircraft if the aircraft is
operated for the purpose of prisoner
transport.’’.
SEC. 210. TERMINAL DEVELOPMENT COSTS.
Section 40117 is amended by adding at the end thereof
the following:
‘‘(j) SHELL OF TERMINAL BUILDING.—In order to en-
able additional air service by an air carrier with less than
50 percent of the scheduled passenger traffic at an airport,
the Secretary may consider the shell of a terminal building
(including heating, ventilation, and air conditioning) and
aircraft fueling facilities adjacent to an airport terminal
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building to be an eligible airport-related project under sub-
section (a)(3)(E).’’.
SEC. 211. AIRFIELD PAVEMENT CONDITIONS.
(a) EVALUATION OF OPTIONS.—The Administrator of
the Federal Aviation Administration shall evaluate options
for improving the quality of information available to the
Administration on airfield pavement conditions for air-
ports that are part of the national air transportation sys-
tem, including—
(1) improving the existing runway condition in-
formation contained in the Airport Safety Data Pro-
gram by reviewing and revising rating criteria and
providing increased training for inspectors;
(2) requiring such airports to submit pavement
condition index information as part of their airport
master plan or as support in applications for airport
improvement grants; and
(3) requiring all such airports to submit pave-
ment condition index information on a regular basis
and using this information to create a pavement con-
dition database that could be used in evaluating the
cost-effectiveness of project applications and fore-
casting anticipated pavement needs.
(b) REPORT TO CONGRESS.—The Administrator shall
transmit a report, containing an evaluation of such options,
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to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Transportation and Infrastructure not later than 12
months after the date of enactment of this Act.
SEC. 212. DISCRETIONARY GRANTS.
Notwithstanding any limitation on the amount of
funds that may be expended for grants for noise abatement,
if any funds made available under section 48103 of title
49, United States Code, remain available at the end of the
fiscal year for which those funds were made available, and
are not allocated under section 47115 of that title, or under
any other provision relating to the awarding of discre-
tionary grants from unobligated funds made available
under section 48103 of that title, the Secretary of Transpor-
tation may use those funds to make discretionary grants
for noise abatement activities.
SEC. 213. 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 es-
tablish a pilot program to contract for air traffic
control services at Level I air traffic control tow-
ers, as defined by the Administrator of the Fed-
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eral Aviation Administration, that do not qual-
ify for the Contract Tower Program established
under subsection (a) and continued under para-
graph (1) (hereafter in this paragraph referred
to as the ‘Contract Tower Program’).
‘‘(B) PROGRAM COMPONENTS.—In carrying
out the pilot program established under subpara-
graph (A), the Administrator shall—
‘‘(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan
data provided by a facility owner or oper-
ator and verified by the Administrator;
‘‘(ii) approve for participation only fa-
cilities willing to fund a pro rata share of
the operating costs of the air traffic control
tower to achieve a one-to-one benefit-to-cost
ratio, as required for eligibility under the
Contract Tower Program; and
‘‘(iii) approve for participation no
more than 2 facilities willing to fund up to
50 percent, but not less than 25 percent, of
construction costs for an air traffic control
tower built by the airport operator and for
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each of such facilities the Federal share of
construction cost does not exceed $1,100,000.
‘‘(C) PRIORITY.—In selecting facilities to
participate in the program under this para-
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 Administrator has determined that the
benefit-to-cost ratio for their continuation
in such program is less than 1.0.
‘‘(ii) Air traffic control towers that the
Administrator determines have a benefit-to-
cost ratio of at least .50.
‘‘(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 located
at airports that are prepared to assume
partial responsibility for maintenance costs.
‘‘(v) Air traffic control towers that are
located at airports with safety or oper-
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ational problems related to topography,
weather, runway configuration, or mix of
aircraft.
‘‘(D) COSTS EXCEEDING BENEFITS.—If the
costs of operating an air traffic control tower
under the pilot program established under this
paragraph exceed the benefits, the airport spon-
sor or State or local government having jurisdic-
tion over the airport shall pay the portion of the
costs that exceed such benefits.
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropria-
tion $6,000,000 per fiscal year to carry out this
paragraph.’’.
TITLE III—AMENDMENTS TO
AVIATION LAW
SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS
CROSSING FISCAL YEARS.
(a) Chapter 401 is amended by adding at the end
thereof the following:
‘‘§ 40125. Severable services contracts for periods
crossing fiscal years
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration may enter into a contract for pro-
curement of severable services for a period that begins in
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one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract)
the contract period does not exceed one year.
‘‘(b) OBLIGATION OF FUNDS.—Funds made available
for a fiscal year may be obligated for the total amount of
a contract entered into under the authority of subsection
(a) of this section.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 401 is amended by adding at the end thereof
the following:
‘‘40125. Severable services contracts for periods crossing fiscal years.’’.
SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN
AIRCRAFT.
(a) EXEMPTION FOR AIRCRAFT MODIFICATION OR DIS-
POSAL, SCHEDULED HEAVY MAINTENANCE, OR LEASING-
RELATED FLIGHTS.—Section 47528 is amended—
(1) by striking ‘‘subsection (b)’’ in subsection (a)
and inserting ‘‘subsection (b) or (f)’’;
(2) by adding at the end of subsection (e) the fol-
lowing:
‘‘(4) An air carrier operating Stage 2 aircraft
under this subsection may transport Stage 2 aircraft
to or from the 48 contiguous States on a non-revenue
basis in order—
‘‘(A) to perform maintenance (including
major alterations) or preventative maintenance
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on aircraft operated, or to be operated, within
the limitations of paragraph (2)(B); or
‘‘(B) conduct operations within the limita-
tions of paragraph (2)(B).’’; and
(3) adding at the end thereof the following:
‘‘(f) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED
HEAVY MAINTENANCE, OR LEASING.—
‘‘(1) IN GENERAL.—The Secretary shall permit a
person to operate after December 31, 1999, a Stage 2
aircraft in nonrevenue service through the airspace of
the United States or to or from an airport in the con-
tiguous 48 States in order to—
‘‘(A) sell, lease, or use the aircraft outside
the contiguous 48 States;
‘‘(B) scrap the aircraft;
‘‘(C) obtain modifications to the aircraft to
meet Stage 3 noise levels;
‘‘(D) perform scheduled heavy maintenance
or significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
States;
‘‘(E) deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the
aircraft to the lessor;
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‘‘(F) prepare or park or store the aircraft in
anticipation of any of the activities described in
subparagraphs (A) through (E); or
‘‘(G) divert the aircraft to an alternative
airport in the contiguous 48 States on account
of weather, mechanical, fuel, air traffic control,
or other safety reasons while conducting a flight
in order to perform any of the activities de-
scribed in subparagraphs (A) through (F).
‘‘(2) PROCEDURE TO BE PUBLISHED.—The Sec-
retary shall establish and publish, not later than 30
days after the date of enactment of the Air Transpor-
tation Improvement Act a procedure to implement
paragraph (1) of this subsection through the use of
categorical waivers, ferry permits, or other means.’’.
(b) NOISE STANDARDS
FOR EXPERIMENTAL AIR-
CRAFT.—
(1) IN GENERAL.—Section 47528(a) is amended
by inserting ‘‘(for which an airworthiness certificate
other than an experimental certificate has been issued
by the Administrator)’’ after ‘‘civil subsonic turbojet’’.
(2) FAR MODIFIED.—The Federal Aviation Reg-
ulations, contained in Part 14 of the Code of Federal
Regulations, that implement section 47528 and re-
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lated provisions shall be deemed to incorporate this
change on the effective date of this Act.
SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end thereof
the following:
‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The
Administrator may establish at airports such consortia of
government and aviation industry representatives as the
Administrator may designate to provide advice on matters
related to aviation security and safety. Such consortia shall
not be considered federal advisory committees for purposes
of the Federal Advisory Committee Act (5 U.S.C. App.).’’.
SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE
CHICAGO CONVENTION.
Section 44701 is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.—
‘‘(1) Notwithstanding the provisions of this chap-
ter, and pursuant to Article 83 Bis of the Convention
on International Civil Aviation, the Administrator
may, by a bilateral agreement with the aeronautical
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authorities of another country, exchange with that
country all or part of their respective functions and
duties with respect to aircraft described in subpara-
graphs (A) and (B), under the following articles of the
Convention:
‘‘(A) Article 12 (Rules of the Air).
‘‘(B) Article 31 (Certificates of Airworthi-
ness).
‘‘(C) Article 32a (Licenses of Personnel).
‘‘(2) The agreement under paragraph (1) may
apply to—
‘‘(A) aircraft registered in the United States
operated pursuant to an agreement for the lease,
charter, or interchange of the aircraft or any
similar arrangement by an operator that has its
principal place of business, or, if it has no such
place of business, its permanent residence, in an-
other country; or
‘‘(B) aircraft registered in a foreign country
operated under an agreement for the lease, char-
ter, or interchange of the aircraft or any similar
arrangement by an operator that has its prin-
cipal place of business, or, if it has no such place
of business, its permanent residence, in the
United States.
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‘‘(3) The Administrator relinquishes responsi-
bility with respect to the functions and duties trans-
ferred by the Administrator as specified in the bilat-
eral agreement, under the Articles listed in paragraph
(1) of this subsection for United States-registered air-
craft transferred abroad as described in subparagraph
(A) of that paragraph, and accepts responsibility
with respect to the functions and duties under those
Articles for aircraft registered abroad that are trans-
ferred to the United States as described in subpara-
graph (B) of that paragraph.
‘‘(4) The Administrator may, in the agreement
under paragraph (1), predicate the transfer of these
functions and duties on any conditions the Adminis-
trator deems necessary and prudent.’’.
SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.
Section 45301(a)(2) is amended to read as follows:
‘‘(2) Services provided to a foreign government
or to any entity obtaining services outside the United
States other than—
‘‘(A) air traffic control services; and
‘‘(B) fees for production-certification-related
service pertaining to aeronautical products man-
ufactured outside the United States.’’.
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SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY
RECORD CHECKS; TECHNICAL AMENDMENTS
TO PILOT RECORDS IMPROVEMENT ACT.
Section 44936 is amended—
(1) by striking ‘‘subparagraph (C))’’ in sub-
section (a)(1)(B) and inserting ‘‘subparagraph (C), or
in the case of passenger, baggage, or property screen-
ing at airports, the Administrator decides it is nec-
essary to ensure air transportation security)’’;
(2) by striking ‘‘individual’’ in subsection
(f)(1)(B)(ii) and inserting ‘‘individual’s performance
as a pilot’’; and
(3) by inserting ‘‘or from a foreign government
or entity that employed the individual,’’ in subsection
(f)(14)(B) after ‘‘exists,’’.
SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.
Section 44310 is amended by striking ‘‘August 6,
1999.’’ and inserting ‘‘December 31, 2003.’’.
SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY
PROVISIONS.
Section 46301 is amended—
(1) by striking ‘‘46302, 46303, or’’ in subsection
(a)(1)(A);
(2) by striking ‘‘an individual’’ the first time it
appears in subsection (d)(7)(A) and inserting ‘‘a per-
son’’; and
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(3) by inserting ‘‘or the Administrator’’ in sub-
section (g) after ‘‘Secretary’’.
SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN
AIR TRANSPORTATION WITHOUT AN AIR-
MAN’S CERTIFICATE.
(a) IN GENERAL.—Chapter 463 is amended by adding
at the end the following:
‘‘§ 46317. Criminal penalty for pilots operating in air
transportation without an airman’s cer-
tificate
‘‘(a) APPLICATION.—This section applies only to air-
craft used to provide air transportation.
‘‘(b) GENERAL CRIMINAL PENALTY.—An individual
shall be fined under title 18, imprisoned for not more than
3 years, or both, if that individual—
‘‘(1) knowingly and willfully serves or attempts
to serve in any capacity as an airman without an
airman’s certificate authorizing the individual to
serve in that capacity; or
‘‘(2) knowingly and willfully employs for service
or uses in any capacity as an airman an individual
who does not have an airman’s certificate authorizing
the individual to serve in that capacity.
‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—
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‘‘(1) In this subsection, the term ‘controlled sub-
stance’ has the same meaning given that term in sec-
tion 102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802).
‘‘(2) An individual violating subsection (b) shall
be fined under title 18, imprisoned for not more than
5 years, or both, if the violation is related to trans-
porting a controlled substance by aircraft or aiding
or facilitating a controlled substance violation and
that transporting, aiding, or facilitating—
‘‘(A) is punishable by death or imprison-
ment of more than 1 year under a Federal or
State law; or
‘‘(B) is related to an act punishable by
death or imprisonment for more than 1 year
under a Federal or State law related to a con-
trolled substance (except a law related to simple
possession (as that term is used in section
46306(c)) of a controlled substance).
‘‘(3) A term of imprisonment imposed under
paragraph (2) shall be served in addition to, and not
concurrently with, any other term of imprisonment
imposed on the individual subject to the imprison-
ment.’’.
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(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 463 is amended by adding at the end thereof the
following:
‘‘46317. Criminal penalty for pilots operating in air transportation without an
airman’s certificate.’’.
SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNEC-
TION REQUIREMENTS.
(a) IN GENERAL.—Subchapter I of chapter 417 is
amended by adding at the end thereof the following:
‘‘§ 41717. Interline agreements for domestic transpor-
tation
‘‘(a) NONDISCRIMINATORY
REQUIREMENTS.—If a
major air carrier that provides air service to an essential
airport facility has any agreement involving ticketing, bag-
gage and ground handling, and terminal and gate access
with another carrier, it shall provide the same services to
any requesting air carrier that offers service to a commu-
nity selected for participation in the program under section
41743 under similar terms and conditions and on a non-
discriminatory basis within 30 days after receiving the re-
quest, as long as the requesting air carrier meets such safe-
ty, service, financial, and maintenance requirements, if
any, as the Secretary may by regulation establish consistent
with public convenience and necessity. The Secretary must
review any proposed agreement to determine if the request-
ing carrier meets operational requirements consistent with
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the rules, procedures, and policies of the major carrier. This
agreement may be terminated by either party in the event
of failure to meet the standards and conditions outlined in
the agreement.
‘‘(b) DEFINITIONS.—In this section the term ‘essential
airport facility’ means a large hub airport (as defined in
section 41731(a)(3)) in the contiguous 48 States in which
one carrier has more than 50 percent of such airport’s total
annual enplanements.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
subchapter I of chapter 417 is amended by adding at the
end thereof the following:
‘‘41717. Interline agreements for domestic transportation.’’.
SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS
UNDER SECTION 44709.
Section 44709(e) is amended to read as follows:
‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—
‘‘(1) IN GENERAL.—When a person files an ap-
peal with the Board under subsection (d) of this sec-
tion, the order of the Administrator is stayed.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), the order of the Administrator is effective imme-
diately if the Administrator advises the Board that
an emergency exists and safety in air commerce or
air transportation requires the order to be effective
immediately.
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‘‘(3) REVIEW OF EMERGENCY ORDER.—A person
affected by the immediate effectiveness of the Adminis-
trator’s order under paragraph (2) may request a re-
view by the Board, under procedures promulgated by
the Board, on the issues of the appeal that are related
to the existence of an emergency. Any such review
shall be requested within 48 hours after the order be-
comes effective. If the Administrator is unable to dem-
onstrate to the Board that an emergency exists that
requires the immediate application of the order in the
interest of safety in air commerce and air transpor-
tation, the order shall, notwithstanding paragraph
(2), be stayed. The Board shall dispose of a review re-
quest under this paragraph within 5 days after it is
filed.
‘‘(4) FINAL DISPOSITION.—The Board shall make
a final disposition of an appeal under subsection (d)
within 60 days after the appeal is filed.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR 2000
PROBLEM.
The Administrator of the Federal Aviation Adminis-
tration shall report to the Senate Committee on Commerce,
Science, and Transportation and the House Committee on
Transportation and Infrastructure every 3 months through
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December 31, 2000, in oral or written form, on electronic
data processing problems associated with the year 2000
within the Administration.
SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEAD-
LINE.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall require by regulation that,
not later than December 31, 2002, collision avoidance
equipment be installed on each cargo airplane with a max-
imum certificated takeoff weight in excess of 15,000 kilo-
grams.
(b) EXTENSION.—The Administrator may extend the
deadline imposed by subsection (a) for not more than 2
years if the Administrator finds that the extension is needed
to promote—
(1) a safe and orderly transition to the operation
of a fleet of cargo aircraft equipped with collision
avoidance equipment; or
(2) other safety or public interest objectives.
(c) COLLISION AVOIDANCE EQUIPMENT.—For pur-
poses of this section, the term ‘‘collision avoidance equip-
ment’’ means TCAS II equipment (as defined by the Ad-
ministrator), or any other similar system approved by the
Administrator for collision avoidance purposes.
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SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH
PATH INDICATORS.
Within 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administra-
tion shall solicit comments on the need for—
(1) the improvement of runway safety areas; and
(2) the installation of precision approach path
indicators.
SEC. 404. AIRPLANE EMERGENCY LOCATORS.
(a) REQUIREMENT.—Section 44712(b) is amended to
read as follows:
‘‘(b) NONAPPLICATION.—Subsection (a) does not apply
to aircraft when used in—
‘‘(1) scheduled flights by scheduled air carriers
holding certificates issued by the Secretary of Trans-
portation under subpart II of this part;
‘‘(2) training operations conducted entirely with-
in a 50-mile radius of the airport from which the
training operations begin;
‘‘(3) flight operations related to the design and
testing, manufacture, preparation, and delivery of
aircraft;
‘‘(4) showing compliance with regulations, exhi-
bition, or air racing; or
‘‘(5) the aerial application of a substance for an
agricultural purpose.’’.
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(b) COMPLIANCE.—Section 44712 is amended by redes-
ignating subsection (c) as subsection (d), and by inserting
after subsection (b) the following:
‘‘(c) COMPLIANCE.—An aircraft is deemed to meet the
requirement of subsection (a) if it is equipped with an emer-
gency locator transmitter that transmits on the 121.5/243
megahertz frequency or the 406 megahertz frequency, or
with other equipment approved by the Secretary for meeting
the requirement of subsection (a).’’.
(c) EFFECTIVE DATE; REGULATIONS.—
(1) REGULATIONS.—The Secretary of Transpor-
tation shall promulgate regulations under section
44712(b) of title 49, United States Code, as amended
by this section not later than January 1, 2002.
(2) EFFECTIVE DATE.—The amendments made
by this section shall take effect on January 1, 2002.
SEC. 405. COUNTERFEIT AIRCRAFT PARTS.
(a) DENIAL; REVOCATION; AMENDMENT OF CERTIFI-
CATE.—
(1) IN GENERAL.—Chapter 447 is amended by
adding at the end thereof the following:
‘‘§ 44725. Denial and revocation of certificate for
counterfeit parts violations
‘‘(a) DENIAL OF CERTIFICATE.—
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‘‘(A) was convicted of a violation of a law
of the United States or of a State relating to the
installation, production, repair, or sale of a
counterfeit or falsely-represented aviation part or
material; or
‘‘(B) knowingly carried out or facilitated
an activity punishable under such a law.
‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—In
carrying out paragraph (1) of this subsection, the Ad-
ministrator may not review whether a person violated
such a law.
‘‘(c) NOTICE REQUIREMENT.—Before the Adminis-
trator revokes a certificate under subsection (b), the Admin-
istrator shall—
‘‘(1) advise the holder of the certificate of the rea-
son for the revocation; and
‘‘(2) provide the holder of the certificate an op-
portunity to be heard on why the certificate should
not be revoked.
‘‘(d) APPEAL.—The provisions of section 44710(d)
apply to the appeal of a revocation order under subsection
(b). For the purpose of applying that section to such an
appeal, ‘person’ shall be substituted for ‘individual’ each
place it appears.
‘‘(e) AQUITTAL OR REVERSAL.—
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‘‘(1) IN GENERAL.—The Administrator may not
revoke, and the Board may not affirm a revocation of,
a certificate under subsection (b)(1)(B) of this section
if the holder of the certificate, or the individual, is ac-
quitted of all charges related to the violation.
‘‘(2) REISSUANCE.—The Administrator may re-
issue a certificate revoked under subsection (b) of this
section to the former holder if—
‘‘(A) the former holder otherwise satisfies
the requirements of this chapter for the certifi-
cate;
‘‘(B) the former holder, or individual, is ac-
quitted of all charges related to the violation on
which the revocation was based; or
‘‘(C) the conviction of the former holder, or
individual, of the violation on which the revoca-
tion was based is reversed.
‘‘(f) WAIVER.—The Administrator may waive revoca-
tion of a certificate under subsection (b) of this section if—
‘‘(1) a law enforcement official of the United
States Government, or of a State (with respect to vio-
lations of State law), requests a waiver; and
‘‘(2) the waiver will facilitate law enforcement
efforts.
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‘‘(g) AMENDMENT OF CERTIFICATE.—If the holder of
a certificate issued under this chapter is other than an indi-
vidual and the Administrator finds that—
‘‘(1) an individual who had a controlling or
ownership interest in the holder committed a viola-
tion of a law for the violation of which a certificate
may be revoked under this section, or knowingly car-
ried out or facilitated an activity punishable under
such a law; and
‘‘(2) the holder satisfies the requirements for the
certificate without regard to that individual,
then the Administrator may amend the certificate to impose
a limitation that the certificate will not be valid if that
individual has a controlling or ownership interest in the
holder. A decision by the Administrator under this sub-
section is not reviewable by the Board.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 447 is amended by adding at the
end thereof the following:
‘‘44725. Denial and revocation of certificate for counterfeit parts violations.’’.
(b) PROHIBITION ON EMPLOYMENT.—Section 44711 is
amended by adding at the end thereof the following:
‘‘(c) PROHIBITION ON EMPLOYMENT OF CONVICTED
COUNTERFEIT PART DEALERS.—No person subject to this
chapter may employ anyone to perform a function related
to the procurement, sale, production, or repair of a part
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or material, or the installation of a part into a civil air-
craft, who has been convicted of a violation of any Federal
or State law relating to the installation, production, repair,
or sale of a counterfeit or falsely-represented aviation part
or material.’’.
SEC. 406. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL.—Chapter 463 (as amended by sec-
tion 309) is amended by adding at the end thereof the fol-
lowing:
‘‘§ 46318. Interference with cabin or flight crew
‘‘(a) IN GENERAL.—An individual who interferes with
the duties or responsibilities 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 $10,000, which shall be paid to the Federal
Aviation Administration and deposited in the account es-
tablished by section 45303(c).
‘‘(b) COMPROMISE AND SETOFF.—
‘‘(1) The Secretary of Transportation or the Ad-
ministrator may compromise the amount of a civil
penalty imposed under subsection (a).
‘‘(2) The Government may deduct the amount of
a civil penalty imposed or compromised under this
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section from amounts it owes the individual liable for
the penalty.’’.
(b) CONFORMING CHANGE.—The chapter analysis for
chapter 463 is amended by adding at the end thereof the
following:
‘‘46318. Interference with cabin or flight crew.’’.
SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.
(a) ESTABLISHMENT
OF HIGHER INTERNATIONAL
STANDARDS.—The Secretary of Transportation shall work
with appropriate international organizations and the avia-
tion authorities of other nations to bring about their estab-
lishment of higher standards for accommodating handi-
capped passengers in air transportation, particularly with
respect to foreign air carriers that code-share with domestic
air carriers.
(b) INVESTIGATION OF ALL COMPLAINTS REQUIRED.—
Section 41705 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In
providing’’;
(2) by striking ‘‘carrier’’ and inserting ‘‘carrier,
including any foreign air carrier doing business in
the United States,’’; and
(3) by adding at the end thereof the following:
‘‘(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—
Each separate act of discrimination prohibited by sub-
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section (a) constitutes a separate violation of that sub-
section.
‘‘(c) INVESTIGATION OF COMPLAINTS.—
‘‘(1) IN GENERAL.—The Secretary or a person
designated by the Secretary shall investigate each
complaint of a violation of subsection (a).
‘‘(2) PUBLICATION OF DATA.—The Secretary or a
person designated by the Secretary shall publish dis-
ability-related complaint data in a manner com-
parable to other consumer complaint data.
‘‘(3) EMPLOYMENT.—The Secretary is authorized
to employ personnel necessary to enforce this section.
‘‘(4) REVIEW AND REPORT.—The Secretary or a
person designated by the Secretary shall regularly re-
view all complaints received by air carriers alleging
discrimination on the basis of disability, and report
annually to Congress on the results of such review.
‘‘(5) TECHNICAL
ASSISTANCE.—Not later than
180 days after enactment of the Air Transportation
and Improvement Act, the Secretary shall—
‘‘(A) implement a plan, in consultation
with the Department of Justice, United States
Architectural and Transportation Barriers Com-
pliance Board, and the National Council on Dis-
ability, to provide technical assistance to air
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carriers and individuals with disabilities in un-
derstanding the rights and responsibilities of this
section; and
‘‘(B) ensure the availability and provision
of appropriate technical assistance manuals to
individuals and entities with rights or duties
under this section.’’.
(c) INCREASED CIVIL PENALTIES.—Section 46301(a)
is amended—
(1) by inserting ‘‘41705,’’ after ‘‘41704,’’ in
paragraph (1)(A); and
(2) by adding at the end thereof the following:
‘‘(7) VIOLATION OF SECTION 41705.—
‘‘(A) CREDIT; VOUCHER; CIVIL PENALTY.—
Unless an individual accepts a credit or voucher
for the purchase of a ticket on an air carrier or
any affiliated air carrier for a violation of sub-
section (a) in an amount (determined by the
Secretary) of—
‘‘(i) not less than $500 and not more
than $2,500 for the first violation; or
‘‘(ii) not less than $2,500 and not more
than $5,000 for any subsequent violation,
then that air carrier is liable to the United
States Government for a civil penalty, deter-
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mined by the Secretary, of not more than 100
percent of the amount of the credit or voucher so
determined.
‘‘(B) REMEDY NOT EXCLUSIVE.—Nothing in
subparagraph (A) precludes or affects the right of
persons with disabilities to file private rights of
action under section 41705 or to limit claims for
compensatory or punitive damages asserted in
such cases.
‘‘(C) ATTORNEY’S FEES.—In addition to the
penalty provided by subparagraph (A), an indi-
vidual who—
‘‘(i) brings a civil action against an
air carrier to enforce this section; and
‘‘(ii) who is awarded damages by the
court in which the action is brought,
may be awarded reasonable attorneys’ fees and
costs of litigation reasonably incurred in bring-
ing the action if the court deems it appro-
priate.’’.
SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT
LAND.
(a) IN GENERAL.—Section 47125(a) is amended to
read as follows:
‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—
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‘‘(1) REQUEST
FOR
CONVEYANCE.—Except as
provided in subsection (b) of this section, the Sec-
retary of Transportation—
‘‘(A) shall request the head of the depart-
ment, agency, or instrumentality of the United
States Government owning or controlling land or
airspace to convey a property interest in the
land or airspace to the public agency sponsoring
the project or owning or controlling the airport
when necessary to carry out a project under this
subchapter at a public airport, to operate a pub-
lic airport, or for the future development of an
airport under the national plan of integrated
airport systems; and
‘‘(B) may request the head of such a depart-
ment, agency, or instrumentality to convey a
property interest in the land or airspace to such
a public agency for a use that will complement,
facilitate, or augment airport development, in-
cluding the development of additional revenue
from both aviation and nonaviation sources.
‘‘(2) RESPONSE TO REQUEST FOR CERTAIN CON-
VEYANCES.—Within 4 months after receiving a re-
quest from the Secretary under paragraph (1), the
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head of the department, agency, or instrumentality
shall—
‘‘(A) decide whether the requested convey-
ance is consistent with the needs of the depart-
ment, agency, or instrumentality;
‘‘(B) notify the Secretary of the decision;
and
‘‘(C) make the requested conveyance if—
‘‘(i) the requested conveyance is con-
sistent with the needs of the department,
agency, or instrumentality;
‘‘(ii) the Attorney General approves the
conveyance; and
‘‘(iii) the conveyance can be made
without cost to the United States Govern-
ment.
‘‘(3) REVERSION.—Except as provided in sub-
section (b), a conveyance under this subsection may
only be made on the condition that the property in-
terest conveyed reverts to the Government, at the op-
tion of the Secretary, to the extent it is not developed
for an airport purpose or used consistently with the
conveyance.’’.
(b) RELEASE
OF
CERTAIN
CONDITIONS.—Section
47125 is amended—
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(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting the following after subsection
(a):
‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The Sec-
retary may grant a release from any term, condition, res-
ervation, or restriction contained in any conveyance exe-
cuted under this section, section 16 of the Federal Airport
Act, section 23 of the Airport and Airway Development Act
of 1970, or section 516 of the Airport and Airway Improve-
ment Act of 1982, to facilitate the development of additional
revenue from aeronautical and nonaeronautical sources if
the Secretary—
‘‘(1) determines that the property is no longer
needed for aeronautical purposes;
‘‘(2) determines that the property will be used
solely to generate revenue for the public airport;
‘‘(3) provides preliminary notice to the head of
the department, agency, or instrumentality that con-
veyed the property interest at least 30 days before exe-
cuting the release;
‘‘(4) provides notice to the public of the requested
release;
‘‘(5) includes in the release a written justifica-
tion for the release of the property; and
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‘‘(6) determines that release of the property will
advance civil aviation in the United States.’’.
(c) EFFECTIVE DATE.—Section 47125(b) of title 49,
United States Code, as added by subsection (b) of this sec-
tion, applies to property interests conveyed before, on, or
after the date of enactment of this Act.
(d) IDITAROD AREA SCHOOL DISTRICT.—Notwith-
standing any other provision of law (including section
47125 of title 49, United States Code, as amended by this
section), the Administrator of the Federal Aviation Admin-
istration, or the Administrator of the General Services Ad-
ministration, may convey to the Iditarod Area School Dis-
trict without reimbursement all right, title, and interest in
12 acres of property at Lake Minchumina, Alaska, identi-
fied by the Administrator of the Federal Aviation Adminis-
tration, including the structures known as housing units
100 through 105 and as utility building 301.
SEC. 
409. 
FLIGHT 
OPERATIONS 
QUALITY 
ASSURANCE
RULES.
Not later than 90 days after the date of enactment of
this Act, the Administrator shall issue a notice of proposed
rulemaking to develop procedures to protect air carriers and
their employees from enforcement actions for violations of
the Federal Aviation Regulations other than criminal or
deliberate acts that are reported or discovered as a result
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of voluntary reporting programs, such as the Flight Oper-
ations Quality Assurance Program and the Aviation Safety
Action Program.
SEC. 410. WIDE AREA AUGMENTATION SYSTEM.
(a) PLAN.—The Administrator of the Federal Aviation
Administration shall identify or develop a plan to imple-
ment WAAS to provide navigation and landing approach
capabilities for civilian use and make a determination as
to whether a backup system is necessary. Until the Adminis-
trator determines that WAAS is the sole means of naviga-
tion, the Administrator shall continue to develop and main-
tain a backup system.
(b) REPORT.—Within 6 months after the date of enact-
ment of this Act, the Administrator shall—
(1) report to the Senate Committee on Com-
merce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, on the plan developed under subsection
(a);
(2) submit a timetable for implementing WAAS;
and
(3) make a determination as to whether WAAS
will ultimately become a primary or sole means of
navigation and landing approach capabilities.
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(c) WAAS DEFINED.—For purposes of this section, the
term ‘‘WAAS’’ means wide area augmentation system.
(d) FUNDING AUTHORIZATION.—There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary to carry out this section.
SEC. 411. REGULATION OF ALASKA GUIDE PILOTS.
(a) IN GENERAL.—Beginning on the date of the enact-
ment of this Act, flight operations conducted by Alaska
guide pilots shall be regulated under the general operating
and flight rules contained in part 91 of title 14, Code of
Federal Regulations.
(b) RULEMAKING PROCEEDING.—
(1) IN GENERAL.—The Administrator shall con-
duct a rulemaking proceeding and issue a final rule
to modify the general operating and flight rules re-
ferred to in subsection (a) by establishing special
rules applicable to the flight operations conducted by
Alaska guide pilots.
(2) CONTENTS OF RULES.—A final rule issued
by the Administrator under paragraph (1) shall re-
quire Alaska guide pilots—
(A) to operate aircraft inspected no less
often than after 125 hours of flight time;
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(B) to participate in an annual flight re-
view, as described in section 61.56 of title 14,
Code of Federal Regulations;
(C) to have at least 500 hours of flight time
as a pilot;
(D) to have a commercial rating, as de-
scribed in subpart F of part 61 of such title;
(E) to hold at least a second-class medical
certificate, as described in subpart C of part 67
of such title;
(F) to hold a current letter of authorization
issued by the Administrator; and
(G) to take such other actions as the Ad-
ministrator determines necessary for safety.
(c) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) LETTER OF AUTHORIZATION.—The term ‘‘let-
ter of authorization’’ means a letter issued by the Ad-
ministrator once every 5 years to an Alaska guide
pilot certifying that the pilot is in compliance with
general operating and flight rules applicable to the
pilot. In the case of a multi-pilot operation, at the
election of the operating entity, a letter of authoriza-
tion may be issued by the Administrator to the entity
or to each Alaska guide pilot employed by the entity.
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(2) ALASKA GUIDE PILOT.—The term ‘‘Alaska
guide pilot’’ means a pilot who—
(A) conducts aircraft operations over or
within the State of Alaska;
(B) operates single engine, fixed wing air-
craft on floats, wheels, or skis, providing com-
mercial hunting, fishing, or other guide services
and related accommodations in the form of
camps or lodges; and
(C) transports clients by such aircraft inci-
dental to hunting, fishing, or other guide serv-
ices, or uses air transport to enable guided cli-
ents to reach hunting or fishing locations.
SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.
(a) APPLICATION
OF FAA REGULATIONS.—Section
40113 is amended by adding at the end thereof the fol-
lowing:
‘‘(f) APPLICATION
OF CERTAIN REGULATIONS
TO
ALASKA.—In amending title 14, Code of Federal Regula-
tions, in a manner affecting intrastate aviation in Alaska,
the Administrator of the Federal Aviation Administration
shall consider the extent to which Alaska is not served by
transportation modes other than aviation, and shall estab-
lish such regulatory distinctions as the Administrator con-
siders appropriate.’’.
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(b) AVIATION CLOSED CIRCUIT TELEVISION.—The Ad-
ministrator of the Federal Aviation Administration, in con-
sultation with commercial and general aviation pilots, shall
install closed circuit weather surveillance equipment at not
fewer that 15 rural airports in Alaska and provide for the
dissemination of information derived from such equipment
to pilots for pre-flight planning purposes and en route pur-
poses, including through the dissemination of such informa-
tion to pilots by flight service stations. There are authorized
to be appropriated $2,000,000 for the purposes of this sub-
section.
(c) MIKE-IN-HAND WEATHER OBSERVATION.—The Ad-
ministrator of the Federal Aviation Administration and the
Assistant Administrator of the National Weather Service,
in consultation with the National Transportation Safety
Board and the Governor of the State of Alaska, shall develop
and implement a ‘‘mike-in-hand’’ weather observation pro-
gram in Alaska under which Federal Aviation Administra-
tion employees, National Weather Service employees, other
Federal or State employees sited at an airport, or persons
contracted specifically for such purpose (including part-
time contract employees who are not sited at such airport),
will provide near-real time aviation weather information
via radio and otherwise to pilots who request such informa-
tion.
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(d) RURAL IFR COMPLIANCE.—There are authorized
to be appropriated $4,000,000 to the Administrator for run-
way lighting and weather reporting systems at remote air-
ports in Alaska to implement the CAPSTONE project.
SEC. 413. HUMAN FACTORS PROGRAM.
(a) IN GENERAL.—Chapter 445 is amended by adding
at the end thereof the following:
‘‘§ 44516. Human factors program
‘‘(a) REPORT.—The Administrator of the Federal
Aviation Administration shall report within 1 year after
the date of enactment of the Air Transportation Improve-
ment Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure on the status
of the Administration’s efforts to encourage the adoption
and implementation of Advanced Qualification Programs
for air carriers under this section.
‘‘(b) HUMAN FACTORS TRAINING.—
‘‘(1) AIR TRAFFIC CONTROLLERS.—The Adminis-
trator shall—
‘‘(A) address the problems and concerns
raised by the National Research Council in its
report ‘The Future of Air Traffic Control’ on air
traffic control automation; and
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‘‘(B) respond to the recommendations made
by the National Research Council.
‘‘(2) PILOTS AND FLIGHT CREWS.—The Adminis-
trator shall work with the aviation industry to de-
velop specific training curricula to address critical
safety problems, including problems of pilots—
‘‘(A) in recovering from loss of control of the
aircraft, including handling unusual attitudes
and mechanical malfunctions;
‘‘(B) in deviating from standard operating
procedures, including inappropriate responses to
emergencies and hazardous weather;
‘‘(C) in awareness of altitude and location
relative to terrain to prevent controlled flight
into terrain; and
‘‘(D) in landing and approaches, including
nonprecision approaches and go-around proce-
dures.
‘‘(c) ACCIDENT INVESTIGATIONS.—The Administrator,
working with the National Transportation Safety Board
and representatives of the aviation industry, shall establish
a process to assess human factors training as part of acci-
dent and incident investigations.
‘‘(d) TEST PROGRAM.—The Administrator shall estab-
lish a test program in cooperation with United States air
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carriers to use model Jeppesen approach plates or other
similar tools to improve nonprecision landing approaches
for aircraft.
‘‘(e) 
ADVANCED
QUALIFICATION
PROGRAM
DE-
FINED.—For purposes of this section, the term ‘advanced
qualification program’ means an alternative method for
qualifying, training, certifying, and ensuring the com-
petency of flight crews and other commercial aviation oper-
ations personnel subject to the training and evaluation re-
quirements of Parts 121 and 135 of title 14, Code of Federal
Regulations.’’.
(b) AUTOMATION AND ASSOCIATED TRAINING.—The
Administrator of the Federal Aviation Administration shall
complete the Administration’s updating of training prac-
tices for flight deck automation and associated training re-
quirements within 12 months after the date of enactment
of this Act.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 445 is amended by adding at the end thereof
the following:
‘‘44516. Human factors program.’’.
SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND
ALLOCATIONS.
(a) INDEPENDENT ASSESSMENT.—
(1) INITIATION.—Not later than 90 days after
the date of enactment of this Act, the Inspector Gen-
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eral of the Department of Transportation shall ini-
tiate the analyses described in paragraph (2). In con-
ducting the analyses, the Inspector General shall en-
sure that the analyses are carried out by 1 or more
entities that are independent of the Federal Aviation
Administration. The Inspector General may use the
staff and resources of the Inspector General or may
contract with independent entities to conduct the
analyses.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY
OF FAA COST DATA AND ATTRIBUTIONS.—To ensure
that the method for capturing and distributing the
overall costs of the Federal Aviation Administration
is appropriate and reasonable, the Inspector General
shall conduct an assessment that includes the fol-
lowing:
(A)(i) Validation of Federal Aviation Ad-
ministration cost input data, including an audit
of the reliability of Federal Aviation Adminis-
tration source documents and the integrity and
reliability of the Federal Aviation Administra-
tion’s data collection process.
(ii) An assessment of the reliability of the
Federal Aviation Administration’s system for
tracking assets.
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(iii) An assessment of the reasonableness of
the Federal Aviation Administration’s bases for
establishing asset values and depreciation rates.
(iv) An assessment of the Federal Aviation
Administration’s system of internal controls for
ensuring the consistency and reliability of re-
ported data to begin immediately after full oper-
ational capability of the cost accounting system.
(B) A review and validation of the Federal
Aviation Administration’s definition of the serv-
ices to which the Federal Aviation Administra-
tion ultimately attributes its costs, and the meth-
ods used to identify direct costs associated with
the services.
(C) An assessment and validation of the
general cost pools used by the Federal Aviation
Administration, including the rationale for and
reliability of the bases on which the Federal
Aviation Administration proposes to allocate
costs of services to users and the integrity of the
cost pools as well as any other factors considered
important by the Inspector General. Appropriate
statistical tests shall be performed to assess rela-
tionships between costs in the various cost pools
and activities and services to which the costs are
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attributed by the Federal Aviation Administra-
tion.
(b) DEADLINE.—The independent analyses described
in this section shall be completed no later than 270 days
after the contracts are awarded to the outside independent
contractors. The Inspector General shall submit a final re-
port combining the analyses done by its staff with those
of the outside independent contractors to the Secretary of
Transportation, the Administrator, the Committee on Com-
merce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives. The final report shall be sub-
mitted by the Inspector General not later than 300 days
after the award of contracts.
(c) FUNDING.—There are authorized to be appro-
priated such sums as may be necessary for the cost of the
contracted audit services authorized by this section.
SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POL-
ICY ACT.
Section 348 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (49 U.S.C.
40110 nt) is amended—
(1) by redesignating subsection (c) as subsection
(d); and
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(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) CERTAIN PROVISIONS OF THE OFFICE OF FED-
ERAL PROCUREMENT POLICY ACT.—Notwithstanding sub-
section (b)(2), section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423) shall apply to the new
acquisition management system developed and implemented
under subsection (a) with the following modifications:
‘‘(1) Subsections (f) and (g) shall not apply.
‘‘(2) Within 90 days after the date of enactment
of the Air Transportation Improvement Act, the Ad-
ministrator of the Federal Aviation Administration
shall adopt definitions for the acquisition manage-
ment system that are consistent with the purpose and
intent of the Office of Federal Procurement Policy
Act.
‘‘(3) After the adoption of those definitions, the
criminal, civil, and administrative remedies provided
under the Office of Federal Procurement Policy Act
apply to the acquisition management system.
‘‘(4) In the administration of the acquisition
management system, the Administrator may take ad-
verse personnel action under section 27(e)(3)(A)(iv) of
the Office of Federal Procurement Policy Act in ac-
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cordance with the procedures contained in the Admin-
istration’s personnel management system.’’.
SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC
SYSTEM.
The Administrator of the Federal Aviation Adminis-
tration shall report to the Congress on plans to modernize
the oceanic air traffic control system, including a budget
for the program, a determination of the requirements for
modernization, and, if necessary, a proposal to fund the
program.
SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT
SYSTEM.
Beginning in calendar year 2000, the Administrator
of the Federal Aviation Administration shall report bian-
nually to the Congress on the air transportation oversight
system program announced by the Administration on May
13, 1998, in detail on the training of inspectors, the number
of inspectors using the system, air carriers subject to the
system, and the budget for the system.
SEC. 418. RECYCLING OF EIS.
Notwithstanding any other provision of law to the con-
trary, the Secretary of Transportation may authorize the
use, in whole or in part, of a completed environmental as-
sessment or environmental impact study for a new airport
construction project on the air operations area, that is sub-
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stantially similar in nature to one previously constructed
pursuant to the completed environmental assessment or en-
vironmental impact study in order to avoid unnecessary
duplication of expense and effort, and any such authorized
use shall meet all requirements of Federal law for the com-
pletion of such an assessment or study.
SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR
SAFETY INFORMATION.
(a) GENERAL RULE.—Chapter 421 is amended by
adding at the end the following new subchapter:
‘‘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 of the air carrier
or the contractor or subcontractor of an air carrier or other-
wise discriminate against any such employee with respect
to compensation, terms, conditions, or privileges of employ-
ment because the employee (or any person acting pursuant
to a request of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide or cause to be provided to the Federal Gov-
ernment information relating to any violation or al-
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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 or cause to be filed a proceeding relating to any
violation or alleged 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;
‘‘(3) testified or will testify in such a proceeding;
or
‘‘(4) assisted or participated or is about to assist
or participate in such a proceeding.
‘‘(b) DEPARTMENT
OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING AND NOTIFICATION.—
‘‘(A) IN GENERAL.—In accordance with this
paragraph, a person may file (or have a person
file on behalf of that person) a complaint with
the Secretary of Labor if that person believes
that an air carrier or contractor or subcon-
tractor of an air carrier discharged or otherwise
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discriminated against that person in violation of
subsection (a).
‘‘(B) REQUIREMENTS
FOR
FILING
COM-
PLAINTS.—A complaint referred to in subpara-
graph (A) may be filed not later than 90 days
after an alleged violation occurs. The complaint
shall state the alleged violation.
‘‘(C) NOTIFICATION.—Upon receipt of a
complaint submitted under subparagraph (A),
the Secretary of Labor shall notify the air car-
rier, contractor, or subcontractor named in the
complaint and the Administrator of the Federal
Aviation Administration of the—
‘‘(i) filing of the complaint;
‘‘(ii) allegations contained in the com-
plaint;
‘‘(iii) substance of evidence supporting
the complaint; and
‘‘(iv) opportunities that are afforded to
the air carrier, contractor, or subcontractor
under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—
‘‘(i) INVESTIGATION.—Not later than
60 days after receipt of a complaint filed
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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
opportunity to meet with a representative of
the Secretary to present statements from
witnesses, the Secretary of Labor shall con-
duct an investigation and determine wheth-
er there is reasonable cause to believe that
the complaint has merit and notify in writ-
ing the complainant and the person alleged
to have committed a violation of subsection
(a) of the Secretary’s findings.
‘‘(ii) ORDER.—Except as provided in
subparagraph (B), if the Secretary of Labor
concludes that there is reasonable cause to
believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the
findings referred to in clause (i) with a pre-
liminary order providing the relief pre-
scribed under paragraph (3)(B).
‘‘(iii) OBJECTIONS.—Not later than 30
days after the date of notification of find-
ings under this paragraph, the person al-
leged to have committed the violation or the
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complainant may file objections to the find-
ings or preliminary order and request a
hearing on the record.
‘‘(iv) EFFECT OF FILING.—The filing
of objections under clause (iii) shall not op-
erate to stay any reinstatement remedy con-
tained in the preliminary order.
‘‘(v) HEARINGS.—Hearings conducted
pursuant to a request made under clause
(iii) shall be conducted expeditiously and
governed by the Federal Rules of Civil Pro-
cedure. If a hearing is not requested during
the 30-day period prescribed in clause (iii),
the preliminary order shall be deemed a
final order that is not subject to judicial re-
view.
‘‘(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 subparagraph
(A) unless the complainant makes a prima
facie showing that any behavior described
in paragraphs (1) through (4) of subsection
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(a) was a contributing factor in the unfa-
vorable personnel action alleged in the com-
plaint.
‘‘(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the showing
required under clause (i), no investigation
otherwise required under subparagraph (A)
shall be conducted if the employer dem-
onstrates, by clear and convincing evidence,
that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may deter-
mine 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 unfavorable
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
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have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—
‘‘(i) IN GENERAL.—Not later than 120
days after conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order that—
‘‘(I) provides relief in accordance
with this paragraph; or
‘‘(II) denies the complaint.
‘‘(ii) SETTLEMENT
AGREEMENT.—At
any time before issuance of a final order
under this paragraph, 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 air carrier, contractor, or subcon-
tractor alleged to have committed the viola-
tion.
‘‘(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
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shall order the air carrier, contractor, or subcon-
tractor that the Secretary of Labor determines to
have committed the violation to—
‘‘(i) take action to abate the violation;
‘‘(ii) reinstate the complainant to the
former position of the complainant and en-
sure the payment of compensation (includ-
ing back pay) and the restoration of terms,
conditions, and privileges associated with
the employment; and
‘‘(iii) provide compensatory damages
to the complainant.
‘‘(C) COSTS
OF
COMPLAINT.—If the Sec-
retary of Labor issues a final order that provides
for relief in accordance with this paragraph, the
Secretary of Labor, at the request of the com-
plainant, shall assess against the air carrier,
contractor, or subcontractor named in the order
an amount equal to the aggregate amount of all
costs and expenses (including attorney and ex-
pert witness fees) reasonably incurred by the
complainant (as determined by the Secretary of
Labor) for, or in connection with, the bringing
of the complaint that resulted in the issuance of
the order.
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‘‘(4) FRIVOLOUS COMPLAINTS.—Rule 11 of the
Federal Rules of Civil Procedure applies to any com-
plaint brought under this section that the Secretary
finds to be frivolous or to have been brought in bad
faith.
‘‘(5) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—
‘‘(i) IN GENERAL.—Not later than 60
days after a final order is issued under
paragraph (3), a person adversely affected
or aggrieved by that order may obtain re-
view of the order in the United States court
of appeals for the circuit in which the viola-
tion allegedly occurred or the circuit in
which the complainant resided on the date
of that violation.
‘‘(ii) REQUIREMENTS
FOR
JUDICIAL
REVIEW.—A review conducted under this
paragraph shall be conducted in accordance
with chapter 7 of title 5. The commence-
ment of proceedings under this subpara-
graph shall not, unless ordered by the court,
operate as a stay of the order that is the
subject of the review.
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‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order referred to in subparagraph
(A) shall not be subject to judicial review in any
criminal or other civil proceeding.
‘‘(6) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—
‘‘(A) IN GENERAL.—If an air carrier, con-
tractor, or subcontractor named in an order
issued under paragraph (3) fails to comply with
the order, the Secretary of Labor may file a civil
action in the United States district court for the
district in which the violation occurred to en-
force that order.
‘‘(B) RELIEF.—In any action brought
under this paragraph, the district court shall
have jurisdiction to grant any appropriate form
of relief, including injunctive relief and compen-
satory damages.
‘‘(7) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order is issued under
paragraph (3) may commence a civil action
against the air carrier, contractor, or subcon-
tractor named in the order to require compliance
with the order. The appropriate United States
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district court shall have jurisdiction, without re-
gard to the amount in controversy or the citizen-
ship of the parties, to enforce the order.
‘‘(B) ATTORNEY
FEES.—In issuing any
final order under this paragraph, the court may
award costs of litigation (including reasonable
attorney and expert witness fees) to any party if
the court determines that the awarding of those
costs 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.
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of an air carrier, or contractor or subcontractor
of an air carrier who, acting without direction from the
air carrier (or an agent, contractor, or subcontractor of the
air carrier), deliberately causes a violation of any require-
ment relating to air carrier safety under this subtitle or
any other law of the United States.
‘‘(e) CONTRACTOR DEFINED.—In this section, the term
‘contractor’ means a company that performs safety-sensitive
functions by contract for an air carrier.’’.
(b) INVESTIGATIONS
AND
ENFORCEMENT.—Section
347(b)(1) of Public Law 104–50 (49 U.S.C. 106, note) is
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amended by striking ‘‘protection;’’ and inserting ‘‘protec-
tion, including the provisions for investigations and en-
forcement as provided in chapter 12 of title 5, United States
Code;’’.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 421 is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
(d) CIVIL
PENALTY.—Section 46301(a)(1)(A) is
amended by striking ‘‘subchapter II of chapter 421,’’ and
inserting ‘‘subchapter II or III of chapter 421,’’.
SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.
Section 44502(a) is amended by adding at the end
thereof the following:
‘‘(5) The Administrator may improve real prop-
erty leased for air navigation facilities without regard
to the costs of the improvements in relation to the cost
of the lease if—
‘‘(A) the improvements primarily benefit
the government;
‘‘(B) are essential for mission accomplish-
ment; and
‘‘(C) the government’s interest in the im-
provements is protected.’’.
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SEC. 421. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR
CARRIERS.
Section 47107 is amended by adding at the end thereof
the following:
‘‘(q) DENIAL OF ACCESS.—
‘‘(1) EFFECT OF DENIAL.—If an owner or oper-
ator of an airport described in paragraph (2) denies
access to an air carrier described in paragraph (3),
that denial shall not be considered to be unreasonable
or unjust discrimination or a violation of this section.
‘‘(2) AIRPORTS
TO
WHICH
SUBSECTION
AP-
PLIES.—An airport is described in this paragraph if
it—
‘‘(A) is designated as a reliever airport by
the Administrator of the Federal Aviation Ad-
ministration;
‘‘(B) does not have an operating certificate
issued under part 139 of title 14, Code of Federal
Regulations (or any subsequent similar regula-
tions); and
‘‘(C) is located within a 35-mile radius of
an airport that has—
‘‘(i) at least 0.05 percent of the total
annual boardings in the United States; and
‘‘(ii) current gate capacity to handle
the demands of a public charter operation.
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‘‘(3) AIR CARRIERS DESCRIBED.—An air carrier
is described in this paragraph if it conducts oper-
ations as a public charter under part 380 of title 14,
Code of Federal Regulations (or any subsequent simi-
lar regulations) with aircraft that is designed to
carry more than 9 passengers per flight.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) AIR CARRIER; AIR TRANSPORTATION;
AIRCRAFT; AIRPORT.—The terms ‘air carrier’,
‘air transportation’, ‘aircraft’, and ‘airport’ have
the meanings given those terms in section 40102
of this title.
‘‘(B) PUBLIC CHARTER.—The term ‘public
charter’ means charter air transportation for
which the general public is provided in advance
a schedule containing the departure location, de-
parture time, and arrival location of the
flights.’’.
SEC. 422. TOURISM.
(a) FINDINGS.—Congress finds that—
(1) through an effective public-private partner-
ship, Federal, State, and local governments and the
travel and tourism industry can successfully market
the United States as the premiere international tour-
ist destination in the world;
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(2) in 1997, the travel and tourism industry
made a substantial contribution to the health of the
Nation’s economy, as follows:
(A) The industry is one of the Nation’s
largest employers, directly employing 7,000,000
Americans, throughout every region of the coun-
try, heavily concentrated among small busi-
nesses, and indirectly employing an additional
9,200,000 Americans, for a total of 16,200,000
jobs.
(B) The industry ranks as the first, second,
or third largest employer in 32 States and the
District of Columbia, generating a total tourism-
related annual payroll of $127,900,000,000.
(C) The industry has become the Nation’s
third-largest retail sales industry, generating a
total of $489,000,000,000 in total expenditures.
(D) The industry generated $71,700,000,000
in tax revenues for Federal, State, and local gov-
ernments;
(3) the more than $98,000,000,000 spent by for-
eign visitors in the United States in 1997 generated
a 
trade 
services 
surplus 
of 
more 
than
$26,000,000,000;
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(4) the private sector, States, and cities currently
spend more than $1,000,000,000 annually to promote
particular destinations within the United States to
international visitors;
(5) because other nations are spending hundreds
of millions of dollars annually to promote the visits
of international tourists to their countries, the United
States will miss a major marketing opportunity if it
fails to aggressively compete for an increased share of
international tourism expenditures as they continue
to increase over the next decade;
(6) a well-funded, well-coordinated international
marketing effort—combined with additional public
and private sector efforts—would help small and
large businesses, as well as State and local govern-
ments, share in the anticipated phenomenal growth of
the international travel and tourism market in the
21st century;
(7) by making permanent the successful visa
waiver pilot program, Congress can facilitate the in-
creased flow of international visitors to the United
States;
(8) Congress can increase the opportunities for
attracting international visitors and enhancing their
stay in the United States by—
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(A) improving international signage at air-
ports, seaports, land border crossings, highways,
and bus, train, and other public transit stations
in the United States;
(B) increasing the availability of multi-
lingual tourist information; and
(C) creating a toll-free, private-sector oper-
ated, telephone number, staffed by multilingual
operators, to provide assistance to international
tourists coping with an emergency;
(9) by establishing a satellite system of account-
ing for travel and tourism, the Secretary of Commerce
could provide Congress and the President with objec-
tive, thorough data that would help policymakers
more accurately gauge the size and scope of the do-
mestic travel and tourism industry and its signifi-
cant impact on the health of the Nation’s economy;
and
(10) having established the United States Na-
tional Tourism Organization under the United States
National Tourism Organization Act of 1996 (22
U.S.C. 2141 et seq.) to increase the United States
share of the international tourism market by devel-
oping a national travel and tourism strategy, Con-
gress should support a long-term marketing effort and
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other important regulatory reform initiatives to pro-
mote increased travel to the United States for the ben-
efit of every sector of the economy.
(b) PURPOSES.—The purposes of this section are to
provide international visitor initiatives and an inter-
national marketing program to enable the United States
travel and tourism industry and every level of government
to benefit from a successful effort to make the United States
the premiere travel destination in the world.
(c) INTERNATIONAL
VISITOR
ASSISTANCE
TASK
FORCE.—
(1) ESTABLISHMENT.—Not later than 9 months
after the date of enactment of this Act, the Secretary
of Commerce shall establish an Intergovernmental
Task Force for International Visitor Assistance (here-
after in this subsection referred to as the ‘‘Task
Force’’).
(2) DUTIES.—The Task Force shall examine—
(A) signage at facilities in the United
States, including airports, seaports, land border
crossings, highways, and bus, train, and other
public transit stations, and shall identify exist-
ing inadequacies and suggest solutions for such
inadequacies, such as the adoption of uniform
standards on international signage for use
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throughout the United States in order to facili-
tate international visitors’ travel in the United
States;
(B) the availability of multilingual travel
and tourism information and means of dissemi-
nating, at no or minimal cost to the Govern-
ment, of such information; and
(C) facilitating the establishment of a toll-
free, private-sector operated, telephone number,
staffed by multilingual operators, to provide as-
sistance to international tourists coping with an
emergency.
(3) MEMBERSHIP.—The Task Force shall be
composed of the following members:
(A) The Secretary of Commerce.
(B) The Secretary of State.
(C) The Secretary of Transportation.
(D) The Chair of the Board of Directors of
the United States National Tourism Organiza-
tion.
(E) Such other representatives of other Fed-
eral agencies and private-sector entities as may
be determined to be appropriate to the mission
of the Task Force by the Chairman.
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(4) CHAIRMAN.—The Secretary of Commerce
shall be Chairman of the Task Force. The Task Force
shall meet at least twice each year. Each member of
the Task Force shall furnish necessary assistance to
the Task Force.
(5) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Chairman of the
Task Force shall submit to the President and to Con-
gress a report on the results of the review, including
proposed amendments to existing laws or regulations
as may be appropriate to implement such rec-
ommendations.
(d) TRAVEL AND TOURISM INDUSTRY SATELLITE SYS-
TEM OF ACCOUNTING.—
(1) IN GENERAL.—The Secretary of Commerce
shall complete, as soon as may be practicable, a sat-
ellite system of accounting for the travel and tourism
industry.
(2) FUNDING.—To the extent any costs or ex-
penditures are incurred under this subsection, they
shall be covered to the extent funds are available to
the Department of Commerce for such purpose.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—Subject to paragraph (2),
there are authorized to be appropriated such sums as
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may be necessary for the purpose of funding inter-
national promotional activities by the United States
National Tourism Organization to help brand, posi-
tion, and promote the United States as the premiere
travel and tourism destination in the world.
(2) RESTRICTIONS ON USE OF FUNDS.—None of
the funds appropriated under paragraph (1) may be
used for purposes other than marketing, research, out-
reach, or any other activity designed to promote the
United States as the premiere travel and tourism des-
tination in the world, except that the general and ad-
ministrative expenses of operating the United States
National Tourism Organization shall be borne by the
private sector through such means as the Board of Di-
rectors of the Organization shall determine.
(3) REPORT
TO
CONGRESS.—Not later than
March 30 of each year in which funds are made
available under subsection (a), the Secretary shall
submit to the Committee on Commerce of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed
report setting forth—
(A) the manner in which appropriated
funds were expended;
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(B) changes in the United States market
share of international tourism in general and as
measured against specific countries and regions;
(C) an analysis of the impact of inter-
national tourism on the United States economy,
including, as specifically as practicable, an anal-
ysis of the impact of expenditures made pursu-
ant to this section;
(D) an analysis of the impact of inter-
national tourism on the United States trade bal-
ance and, as specifically as practicable, an anal-
ysis of the impact on the trade balance of ex-
penditures made pursuant to this section; and
(E) an analysis of other relevant economic
impacts as a result of expenditures made pursu-
ant to this section.
SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON
PUBLIC-USE AIRPORTS.
It is the sense of the Senate that—
(1) property taxes on public-use airports should
be assessed fairly and equitably, regardless of the loca-
tion of the owner of the airport; and
(2) the property tax recently assessed on the City
of The Dalles, Oregon, as the owner and operator of
the Columbia Gorge Regional/The Dalles Municipal
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Airport, located in the State of Washington, should be
repealed.
SEC. 
424. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM.
(a) APPLICABILITY OF MERIT SYSTEMS PROTECTION
BOARD PROVISIONS.—Section 347(b) of the Department of
Transportation and Related Agencies Appropriations Act,
1996 (109 Stat. 460) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon and ‘‘and’’; and
(3) by adding at the end thereof the following:
‘‘(8) sections 1204, 1211–1218, 1221, and 7701–
7703, relating to the Merit Systems Protection
Board.’’.
(b) APPEALS
TO
MERIT
SYSTEMS
PROTECTION
BOARD.—Section 347(c) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 is
amended to read as follows:
‘‘(c) APPEALS
TO
MERIT
SYSTEMS
PROTECTION
BOARD.—Under the new personnel management system de-
veloped and implemented under subsection (a), an employee
of the Federal Aviation Administration may submit an ap-
peal to the Merit Systems Protection Board and may seek
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judicial review of any resulting final orders or decisions
of the Board from any action that was appealable to the
Board under any law, rule, or regulation as of March 31,
1996.’’.
SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT
PARTS FOR USE IN RESPONDING TO OIL
SPILLS.
(a) AUTHORITY.—
(1) Notwithstanding section 202 of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 483) and subject to subsections (b) and (c), the
Secretary of Defense may, during the period begin-
ning March 1, 1999, and ending on September 30,
2002, sell aircraft and aircraft parts referred to in
paragraph (2) to a person or entity that provides oil
spill response services (including the application of
oil dispersants by air) pursuant to an oil spill re-
sponse plan that has been approved by the Secretary
of the Department in which the Coast Guard is oper-
ating.
(2) The aircraft and aircraft parts that may be
sold under paragraph (1) are aircraft and aircraft
parts of the Department of Defense that are deter-
mined by the Secretary to be—
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(A) excess to the needs of the Department;
and
(B) acceptable for commercial sale.
(b) CONDITIONS
OF SALE.—Aircraft and aircraft
parts sold under subsection (a)—
(1) shall have as their primary purpose usage for
oil spill spotting, observation, and dispersant delivery
and may not have any secondary purpose that would
interfere with oil spill response efforts under an oil
spill response plan;
(2) may not be flown outside of or removed from
the United States except for the purpose of fulfilling
an international agreement to assist in oil spill dis-
persing efforts, for immediate response efforts for an
oil spill outside United States waters that has the po-
tential to threaten United States waters, or for other
purposes that are jointly approved by the Secretary
of Defense and the Secretary of Transportation.
(c) CERTIFICATION OF PERSONS AND ENTITIES.—The
Secretary of Defense may sell aircraft and aircraft parts
to a person or entity under subsection (a) only if the Sec-
retary of Transportation certifies to the Secretary of De-
fense, in writing, before the sale, that the person or entity
is capable of meeting the terms and conditions of a contract
to deliver oil spill dispersants by air, and that the overall
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system to be employed by that person or entity for the deliv-
ery and application of oil spill dispersants has been suffi-
ciently tested to ensure that the person or entity is capable
of being included in an oil spill response plan that has been
approved by the Secretary of the Department in which the
Coast Guard is operating.
(d) REGULATIONS.—
(1) As soon as practicable after the date of enact-
ment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of Transportation
and the Administrator of General Services, prescribe
regulations relating to the sale of aircraft and air-
craft parts under this section.
(2) The regulations shall—
(A) ensure that the sale of the aircraft and
aircraft parts is made at a fair market value as
determined by the Secretary of Defense, and, to
the extent practicable, on a competitive basis;
(B) require a certification by the purchaser
that the aircraft and aircraft parts will be used
only in accordance with the conditions set forth
in subsection (b);
(C) establish appropriate means of verifying
and enforcing the use of the aircraft and aircraft
parts by the purchaser and other end-users in
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accordance with the conditions set forth in sub-
section (b) or pursuant to subsection (e); and
(D) ensure, to the maximum extent prac-
ticable, that the Secretary of Defense consults
with the Administrator of General Services and
with the heads of appropriate departments and
agencies of the Federal Government regarding al-
ternative requirements for such aircraft and air-
craft parts before the sale of such aircraft and
aircraft parts under this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of Defense may require such other terms and condi-
tions in connection with each sale of aircraft and aircraft
parts under this section as the Secretary considers appro-
priate for such sale. Such terms and conditions shall meet
the requirements of regulations prescribed under subsection
(d).
(f) REPORT.—Not later than March 31, 2002, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the Sec-
retary’s exercise of authority under this section. The report
shall set forth—
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(1) the number and types of aircraft sold under
the authority, and the terms and conditions under
which the aircraft were sold;
(2) the persons or entities to which the aircraft
were sold; and
(3) an accounting of the current use of the air-
craft sold.
(g) CONSTRUCTION.—Nothing in this section may be
construed as affecting the authority of the Administrator
of the Federal Aviation Administration under any other
provision of law.
(h) PROCEEDS FROM SALE.—The net proceeds of any
amounts received by the Secretary of Defense from the sale
of aircraft and aircraft parts under this section shall be
covered into the general fund of the Treasury as miscella-
neous receipts.
SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR
AND MAINTENANCE ADVISORY PANEL.
(a) ESTABLISHMENT OF PANEL.—The Administrator
of the Federal Aviation Administration—
(1) shall establish an Aircraft Repair and Main-
tenance Advisory Panel to review issues related to the
use and oversight of aircraft and aviation component
repair and maintenance facilities located within, or
outside of, the United States; and
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(2) may seek the advice of the panel on any issue
related to methods to improve the safety of domestic
or foreign contract aircraft and aviation component
repair facilities.
(b) MEMBERSHIP.—The panel shall consist of—
(1) 8 members, appointed by the Administrator
as follows:
(A) 3 representatives of labor organizations
representing aviation mechanics;
(B) 1 representative of cargo air carriers;
(C) 1 representative of passenger air car-
riers;
(D) 1 representative of aircraft and avia-
tion component repair stations;
(E) 1 representative of aircraft manufactur-
ers; and
(F) 1 representative of the aviation indus-
try not described in the preceding subpara-
graphs;
(2) 1 representative from the Department of
Transportation, designated by the Secretary of Trans-
portation;
(3) 1 representative from the Department of
State, designated by the Secretary of State; and
100
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(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) RESPONSIBILITIES.—The panel shall—
(1) determine how much aircraft and aviation
component repair work and what type of aircraft and
aviation component repair work is being performed
by aircraft and aviation component repair stations
located within, and outside of, the United States to
better understand and analyze methods to improve the
safety and oversight of such facilities; and
(2) provide advice and counsel to the Adminis-
trator with respect to aircraft and aviation compo-
nent repair work performed by those stations, staffing
needs, and any safety issues associated with that
work.
(d) FAA TO REQUEST INFORMATION FROM FOREIGN
AIRCRAFT REPAIR STATIONS.—
(1) COLLECTION OF INFORMATION.—The Admin-
istrator shall by regulation request aircraft and avia-
tion component repair stations located outside the
United States to submit such information as the Ad-
ministrator may require in order to assess safety
issues and enforcement actions with respect to the
work performed at those stations on aircraft used by
United States air carriers.
101
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(2) DRUG
AND
ALCOHOL
TESTING
INFORMA-
TION.—Included in the information the Adminis-
trator requests under paragraph (1) shall be informa-
tion on the existence and administration of employee
drug and alcohol testing programs in place at such
stations, if applicable.
(3) DESCRIPTION OF WORK DONE.—Included in
the information the Administrator requests under
paragraph (1) shall be information on the amount
and type of aircraft and aviation component repair
work performed at those stations on aircraft registered
in the United States.
(e) FAA TO REQUEST INFORMATION ABOUT DOMES-
TIC AIRCRAFT REPAIR STATIONS.—If the Administrator
determines that information on the volume of the use of do-
mestic aircraft and aviation component repair stations is
needed in order to better utilize Federal Aviation Adminis-
tration resources, the Administrator may—
(1) require United States air carriers to submit
the information described in subsection (d) with re-
spect to their use of contract and noncontract aircraft
and aviation component repair facilities located in
the United States; and
(2) obtain information from such stations about
work performed for foreign air carriers.
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(f) FAA TO MAKE INFORMATION AVAILABLE TO PUB-
LIC.—The Administrator shall make any information re-
ceived under subsection (d) or (e) available to the public.
(g) TERMINATION.—The panel established under sub-
section (a) shall terminate on the earlier of—
(1) the date that is 2 years after the date of en-
actment of this Act; or
(2) December 31, 2000.
(h) ANNUAL REPORT TO CONGRESS.—The Adminis-
trator shall report annually to the Congress on the number
and location of air agency certificates that were revoked,
suspended, or not renewed during the preceding year.
(i) DEFINITIONS.—Any term used in this section that
is defined in subtitle VII of title 49, United States Code,
has the meaning given that term in that subtitle.
SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) IN GENERAL.—A memorandum of agreement be-
tween the Administrator of the Federal Aviation Adminis-
tration and any person that directly obtains aircraft situa-
tional display data from the Administration shall require
that—
(1) the person demonstrate to the satisfaction of
the Administrator that such person is capable of selec-
tively blocking the display of any aircraft-situation-
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display-to-industry derived data related to any iden-
tified aircraft registration number; and
(2) the person agree to block selectively the air-
craft registration numbers of any aircraft owner or
operator upon the Administration’s request.
(b) EXISTING MEMORANDA TO BE CONFORMED.—The
Administrator shall conform any memoranda of agreement,
in effect on the date of enactment of this Act, between the
Administration and a person under which that person ob-
tains such data to incorporate the requirements of sub-
section (a) within 30 days after that date.
SEC. 428. ALLOCATION OF TRUST FUND FUNDING.
(a) DEFINITIONS.—In this section:
(1) AIRPORT
AND
AIRWAY
TRUST
FUND.—The
term ‘‘Airport and Airway Trust Fund’’ means the
trust fund established under section 9502 of the Inter-
nal Revenue Code of 1986.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(3) STATE.—The term ‘‘State’’ means each of the
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
(4) STATE DOLLAR CONTRIBUTION TO THE AIR-
PORT AND AIRWAY TRUST FUND.—The term ‘‘State
dollar contribution to the Airport and Airway Trust
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Fund’’, with respect to a State and fiscal year, means
the amount of funds equal to the amounts transferred
to the Airport and Airway Trust Fund under section
9502 of the Internal Revenue Code of 1986 that are
equivalent to the taxes described in section 9502(b) of
the Internal Revenue Code of 1986 that are collected
in that State.
(b) REPORTING.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, and annually there-
after, the Secretary of the Treasury shall report to the
Secretary the amount equal to the amount of taxes
collected in each State during the preceding fiscal
year that were transferred to the Airport and Airway
Trust Fund.
(2) REPORT BY SECRETARY.—Not later than 90
days after the date of enactment of this Act, and an-
nually thereafter, the Secretary shall prepare and
submit to Congress a report that provides, for each
State, for the preceding fiscal year—
(A) the State dollar contribution to the Air-
port and Airway Trust Fund; and
(B) the amount of funds (from funds made
available under section 48103 of title 49, United
States Code) that were made available to the
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State (including any political subdivision there-
of) under chapter 471 of title 49, United States
Code.
SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS
AREA DEMONSTRATION PROJECT.
Within 18 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administra-
tion shall work with the Taos Pueblo to study the feasibility
of conducting a demonstration project to require all aircraft
that fly over Taos Pueblo and the Blue Lake Wilderness
Area of Taos Pueblo, New Mexico, to maintain a mandatory
minimum altitude of at least 5,000 feet above ground level.
SEC. 430. AIRLINE MARKETING DISCLOSURE.
(a) DEFINITIONS.—In this section:
(1) AIR CARRIER.—The term ‘‘air carrier’’ has
the meaning given that term in section 40102 of title
49, United States Code.
(2) AIR TRANSPORTATION.—The term ‘‘air trans-
portation’’ has the meaning given that term in section
40102 of title 49, United States Code.
(b) FINAL REGULATIONS.—Not later than 90 days
after the date of enactment of this Act, the Secretary of
Transportation shall promulgate final regulations to pro-
vide for improved oral and written disclosure to each con-
sumer of air transportation concerning the corporate name
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of the air carrier that provides the air transportation pur-
chased by that consumer. In issuing the regulations issued
under this subsection, the Secretary shall take into account
the proposed regulations issued by the Secretary on Janu-
ary 17, 1995, published at page 3359, volume 60, Federal
Register.
SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH
SEAS ACT.
(a) IN GENERAL.—Section 2 of the Death on the High
Seas Act (46 U.S.C. App. 762) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The recovery’’; and
(2) by adding at the end thereof the following:
‘‘(b) COMMERCIAL AVIATION.—
‘‘(1) IN GENERAL.—If the death was caused dur-
ing commercial aviation, additional compensation for
nonpecuniary damages for wrongful death of a dece-
dent is recoverable in a total amount, for all bene-
ficiaries of that decedent, that shall not exceed the
greater of the pecuniary loss sustained or a sum total
of $750,000 from all defendants for all claims. Puni-
tive damages are not recoverable.
‘‘(2) INFLATION
ADJUSTMENT.—The $750,000
amount shall be adjusted, beginning in calendar year
2000 by the increase, if any, in the Consumer Price
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Index for all urban consumers for the prior year over
the Consumer Price Index for all urban consumers for
the calendar year 1998.
‘‘(3) NONPECUNIARY DAMAGES.—For purposes of
this subsection, the term ‘nonpecuniary damages’
means damages for loss of care, comfort, and compan-
ionship.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) applies to any death caused during commercial
aviation occurring after July 16, 1996.
SEC. 432. FAA STUDY OF BREATHING HOODS.
The Administrator shall study whether breathing hoods
currently available for use by flight crews when smoke is
detected are adequate and report the results of that study
to the Congress within 120 days after the date of enactment
of this Act.
SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES
FOR FLIGHT DATA RECORDERS AND COCKPIT
VOICE RECORDERS.
The Administrator of the Federal Aviation Adminis-
tration shall study the need for an alternative power source
for on-board flight data recorders and cockpit voice record-
ers and shall report the results of that study to the Congress
within 120 days after the date of enactment of this Act.
If, within that time, the Administrator determines, after
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consultation with the National Transportation Safety
Board that the Board is preparing recommendations with
respect to this subject matter and will issue those rec-
ommendations within a reasonable period of time, the Ad-
ministrator shall report to the Congress the Administrator’s
comments on the Board’s recommendations rather than con-
ducting a separate study.
SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT.
The Secretary of Transportation may not require an
eligible agency (as defined in section 40117(a)(2) of title
49, United States Code), to impose a passenger facility fee
(as defined in section 40117(a)(4) of that title) in order
to obtain a letter of intent under section 47110 of that title.
SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACK-
LOG.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The transportation of hazardous materials
continues to present a serious aviation safety problem
which poses a potential threat to health and safety,
and can result in evacuations, emergency landings,
fires, injuries, and deaths.
(2) Although the Federal Aviation Administra-
tion budget for hazardous materials inspection in-
creased $10,500,000 in fiscal year 1998, the General
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Accounting Office has reported that the backlog of
hazardous materials enforcement cases has increased
from 6 to 18 months.
(b) ELIMINATION
OF HAZARDOUS MATERIALS EN-
FORCEMENT BACKLOG.—The Administrator of the Federal
Aviation Administration shall—
(1) make the elimination of the backlog in haz-
ardous materials enforcement cases a priority;
(2) seek to eliminate the backlog within 6 months
after the date of enactment of this Act; and
(3) make every effort to ensure that inspection
and enforcement of hazardous materials laws are car-
ried out in a consistent manner among all geographic
regions, and that appropriate fines and penalties are
imposed in a timely manner for violations.
(c) INFORMATION REGARDING PROGRESS.—The Ad-
ministrator shall provide information in oral or written
form to the Committee on Commerce, Science, and Trans-
portation, on a quarterly basis beginning 3 months after
the date of enactment of this Act for a year, on plans to
eliminate the backlog and enforcement activities undertaken
to carry out subsection (b).
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SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEAS-
ING.
Nothwithstanding any other provision of law to the
contrary, the Administrator of the Federal Aviation Admin-
istration may establish a pilot program for fiscal years
2001 through 2004 to test and evaluate the benefits of long-
term contracts for the leasing of aviation equipment and
facilities. The Administrator shall establish criteria for the
program. The Administrator may enter into no more than
10 leasing contracts under this section, each of which shall
be for a period greater than 5 years, under which the equip-
ment or facility operates. The contracts to be evaluated may
include requirements related to oceanic and air traffic con-
trol, air-to-ground radio communications, and air traffic
control tower construction.
SEC. 437. PROHIBITIONS AGAINST SMOKING ON SCHED-
ULED FLIGHTS.
(a) IN GENERAL.—Section 41706 is amended to read
as follows:
‘‘§ 41706. Prohibitions against smoking on scheduled
flights
‘‘(a) SMOKING PROHIBITION
IN INTRASTATE
AND
INTERSTATE AIR TRANSPORTATION.—An individual may
not smoke in an aircraft on a scheduled airline flight seg-
ment in interstate air transportation or intrastate air
transportation.
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‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS-
PORTATION.—The Secretary of Transportation (referred to
in this subsection as the ‘Secretary’) shall require all air
carriers and foreign air carriers to prohibit on and after
October 1, 1999, smoking in any aircraft on a scheduled
airline flight segment within the United States or between
a place in the United States and a place outside the United
States.
‘‘(c) LIMITATION ON APPLICABILITY.—
‘‘(1) IN GENERAL.—If a foreign government ob-
jects to the application of subsection (b) on the basis
that subsection provides for an extraterritorial appli-
cation of the laws of the United States, the Secretary
may waive the application of subsection (b) to a for-
eign air carrier licensed by that foreign government
at such time as an alternative prohibition negotiated
under paragraph (2) becomes effective and is enforced
by the Secretary.
‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant
to paragraph (1), a foreign government objects to the
prohibition under subsection (b), the Secretary shall
enter into bilateral negotiations with the objecting
foreign government to provide for an alternative
smoking prohibition.
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‘‘(d) REGULATIONS.—The Secretary shall prescribe
such regulations as are necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is 60 days after
the date of enactment of this Act.
SEC. 438. DESIGNATING CURRENT AND FORMER MILITARY
AIRPORTS.
Section 47118 is amended—
(1) by striking ‘‘12.’’ in subsection (a) and in-
serting ‘‘15.’’; and
(2) by striking ‘‘5-fiscal-year periods’’ in sub-
section (d) and inserting ‘‘periods, each not to exceed
5 fiscal years,’’.
SEC. 439. ROLLING STOCK EQUIPMENT.
(a) IN GENERAL.—Section 1168 of title 11, United
States Code, is amended to read as follows:
‘‘§ 1168. Rolling stock equipment
‘‘(a)(1) The right of a secured party with a security
interest in or of a lessor or conditional vendor of equipment
described in paragraph (2) to take possession of such equip-
ment in compliance with an equipment security agreement,
lease, or conditional sale contract, and to enforce any of
its other rights or remedies under such security agreement,
lease, or conditional sale contract, to sell, lease, or otherwise
retain or dispose of such equipment, is not limited or other-
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wise affected by any other provision of this title or by any
power of the court, except that right to take possession and
enforce those other rights and remedies shall be subject to
section 362, if—
‘‘(A) before the date that is 60 days after the
date of commencement of a case under this chapter,
the trustee, subject to the court’s approval, agrees to
perform all obligations of the debtor under such secu-
rity agreement, lease, or conditional sale contract;
and
‘‘(B) any default, other than a default of a kind
described in section 365(b)(2), under such security
agreement, lease, or conditional sale contract—
‘‘(i) that occurs before the date of com-
mencement of the case and is an event of default
therewith is cured before the expiration of such
60-day period;
‘‘(ii) that occurs or becomes an event of de-
fault after the date of commencement of the case
and before the expiration of such 60-day period
is cured before the later of—
‘‘(I) the date that is 30 days after the
date of the default or event of the default; or
‘‘(II) the expiration of such 60-day pe-
riod; and
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‘‘(iii) that occurs on or after the expiration
of such 60-day period is cured in accordance
with the terms of such security agreement, lease,
or conditional sale contract, if cure is permitted
under that agreement, lease, or conditional sale
contract.
‘‘(2) The equipment described in this paragraph—
‘‘(A) is rolling stock equipment or accessories
used on rolling stock equipment, including super-
structures or racks, that is subject to a security inter-
est granted by, leased to, or conditionally sold to a
debtor; and
‘‘(B) includes all records and documents relating
to such equipment that are required, under the terms
of the security agreement, lease, or conditional sale
contract, that is to be surrendered or returned by the
debtor in connection with the surrender or return of
such equipment.
‘‘(3) Paragraph (1) applies to a secured party, lessor,
or conditional vendor acting in its own behalf or acting
as trustee or otherwise in behalf of another party.
‘‘(b) The trustee and the secured party, lessor, or condi-
tional vendor whose right to take possession is protected
under subsection (a) may agree, subject to the court’s ap-
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proval, to extend the 60-day period specified in subsection
(a)(1).
‘‘(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, les-
sor, or conditional vendor, described in subsection (a)(1),
equipment described in subsection (a)(2), if at any time
after the date of commencement of the case under this chap-
ter such secured party, lessor, or conditional vendor is enti-
tled pursuant to subsection (a)(1) to take possession of such
equipment and makes a written demand for such possession
of the trustee.
‘‘(2) At such time as the trustee is required under
paragraph (1) to surrender and return equipment described
in subsection (a)(2), any lease of such equipment, and any
security agreement or conditional sale contract relating to
such equipment, if such security agreement or conditional
sale contract is an executory contract, shall be deemed re-
jected.
‘‘(d) With respect to equipment first placed in service
on or prior to October 22, 1994, for purposes of this
section—
‘‘(1) the term ‘lease’ includes any written agree-
ment with respect to which the lessor and the debtor,
as lessee, have expressed in the agreement or in a sub-
stantially contemporaneous writing that the agree-
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ment is to be treated as a lease for Federal income
tax purposes; and
‘‘(2) the term ‘security interest’ means a pur-
chase-money equipment security interest.
‘‘(e) With respect to equipment first placed in service
after October 22, 1994, for purposes of this section, the term
‘rolling stock equipment’ includes rolling stock equipment
that is substantially rebuilt and accessories used on such
equipment.’’.
(b) AIRCRAFT EQUIPMENT
AND VESSELS.—Section
1110 of title 11, United States Code, is amended to read
as follows:
‘‘§ 1110. Aircraft equipment and vessels
‘‘(a)(1) Except as provided in paragraph (2) and sub-
ject to subsection (b), the right of a secured party with a
security interest in equipment described in paragraph (3),
or of a lessor or conditional vendor of such equipment, to
take possession of such equipment in compliance with a se-
curity agreement, lease, or conditional sale contract, and
to enforce any of its other rights or remedies, under such
security agreement, lease, or conditional sale contract, to
sell, lease, or otherwise retain or dispose of such equipment,
is not limited or otherwise affected by any other provision
of this title or by any power of the court.
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‘‘(2) The right to take possession and to enforce the
other rights and remedies described in paragraph (1) shall
be subject to section 362 if—
‘‘(A) before the date that is 60 days after the
date of the order for relief under this chapter, the
trustee, subject to the approval of the court, agrees to
perform all obligations of the debtor under such secu-
rity agreement, lease, or conditional sale contract;
and
‘‘(B) any default, other than a default of a kind
specified in section 365(b)(2), under such security
agreement, lease, or conditional sale contract—
‘‘(i) that occurs before the date of the order
is cured before the expiration of such 60-day pe-
riod;
‘‘(ii) that occurs after the date of the order
and before the expiration of such 60-day period
is cured before the later of—
‘‘(I) the date that is 30 days after the
date of the default; or
‘‘(II) the expiration of such 60-day pe-
riod; and
‘‘(iii) that occurs on or after the expiration
of such 60-day period is cured in compliance
with the terms of such security agreement, lease,
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or conditional sale contract, if a cure is per-
mitted under that agreement, lease, or contract.
‘‘(3) The equipment described in this paragraph—
‘‘(A) is—
‘‘(i) an aircraft, aircraft engine, propeller,
appliance, or spare part (as defined in section
40102 of title 49) that is subject to a security in-
terest granted by, leased to, or conditionally sold
to a debtor that, at the time such transaction is
entered into, holds an air carrier operating cer-
tificate issued pursuant to chapter 447 of title 49
for aircraft capable of carrying 10 or more indi-
viduals or 6,000 pounds or more of cargo; or
‘‘(ii) a documented vessel (as defined in sec-
tion 30101(1) of title 46) that is subject to a se-
curity interest granted by, leased to, or condi-
tionally sold to a debtor that is a water carrier
that, at the time such transaction is entered into,
holds a certificate of public convenience and ne-
cessity or permit issued by the Department of
Transportation; and
‘‘(B) includes all records and documents relating
to such equipment that are required, under the terms
of the security agreement, lease, or conditional sale
contract, to be surrendered or returned by the debtor
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in connection with the surrender or return of such
equipment.
‘‘(4) Paragraph (1) applies to a secured party, lessor,
or conditional vendor acting in its own behalf or acting
as trustee or otherwise in behalf of another party.
‘‘(b) The trustee and the secured party, lessor, or condi-
tional vendor whose right to take possession is protected
under subsection (a) may agree, subject to the approval of
the court, to extend the 60-day period specified in subsection
(a)(1).
‘‘(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, les-
sor, or conditional vendor, described in subsection (a)(1),
equipment described in subsection (a)(3), if at any time
after the date of the order for relief under this chapter such
secured party, lessor, or conditional vendor is entitled pur-
suant to subsection (a)(1) to take possession of such equip-
ment and makes a written demand for such possession to
the trustee.
‘‘(2) At such time as the trustee is required under
paragraph (1) to surrender and return equipment described
in subsection (a)(3), any lease of such equipment, and any
security agreement or conditional sale contract relating to
such equipment, if such security agreement or conditional
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sale contract is an executory contract, shall be deemed re-
jected.
‘‘(d) With respect to equipment first placed in service
on or before October 22, 1994, for purposes of this section—
‘‘(1) the term ‘lease’ includes any written agree-
ment with respect to which the lessor and the debtor,
as lessee, have expressed in the agreement or in a sub-
stantially contemporaneous writing that the agree-
ment is to be treated as a lease for Federal income
tax purposes; and
‘‘(2) the term ‘security interest’ means a pur-
chase-money equipment security interest.’’.
SEC. 440. MONROE REGIONAL AIRPORT LAND CONVEYANCE.
The Secretary of Transportation may waive all terms
contained in the 1949 deed of conveyance under which the
United States conveyed certain property then constituting
Selman Field, Louisiana, to the City of Monroe, Louisiana,
subject to the following conditions:
(1) The city agrees that in conveying any inter-
est in such property the city will receive an amount
for such interest that is equal to the fair market value
for such interest.
(2) The amount received by the city for such con-
veyance shall be used by the city—
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(A) for the development, improvement, oper-
ation, or maintenance of a public airport; or
(B) for the development or improvement of
the city’s airport industrial park co-located with
the Monroe Regional Airport to the extent that
such development or improvement will result in
an increase, over time, in the amount the indus-
trial park will pay to the airport to an amount
that is greater than the amount the city received
for such conveyance.
SEC. 441. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
To maintain the efficient utilization of airports in the
high-growth Cincinnati local airport system, and to ensure
that the Cincinnati-Municipal Blue Ash Airport continues
to operate to relieve congestion at Cincinnati-Northern Ken-
tucky International Airport and to provide greater access
to the general aviation community beyond the expiration
of the City of Cincinnati’s grant obligations, the Secretary
of Transportation may approve the sale of Cincinnati-Mu-
nicipal Blue Ash Airport from the City of Cincinnati to
the City of Blue Ash upon a finding that the City of Blue
Ash meets all applicable requirements for sponsorship and
if the City of Blue Ash agrees to continue to maintain and
operate Blue Ash Airport, as generally contemplated and
described within the Blue Ash Master Plan Update dated
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November 30, 1998, for a period of 20 years from the date
existing grant assurance obligations of the City of Cin-
cinnati expire.
SEC. 442. REPORT ON SPECIALTY METALS CONSORTIUM.
The Administrator of the Federal Aviation Adminis-
tration may work with a consortium of domestic metal pro-
ducers and aircraft engine manufacturers to improve the
quality of turbine engine materials and to address melting
technology enhancements. The Administrator shall report to
the Congress within 6 months after entering into an agree-
ment with any such consortium of such producers and man-
ufacturers on the goals and efforts of the consortium.
SEC. 443. PAVEMENT CONDITION.
The Administrator of the Federal Aviation Adminis-
tration may conduct a study on the extent of alkali silica
reactivity-induced pavement distress in concrete runways,
taxiways, and aprons for airports comprising the national
air transportation system. If the Administrator conducts
such a study, it shall include a determination based on in-
the-field inspections followed by petrographic analysis or
other similar techniques.
SEC. 444. INHERENTLY LOW-EMISSION AIRPORT VEHICLE
PILOT PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 471 is fur-
ther amended by adding at the end the following:
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‘‘§ 47137. Inherently low-emission airport vehicle pilot
program
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall carry out a pilot program at not more than 10 public-
use airports under which the sponsors of such airports may
use funds made available under section 48103 for use at
such airports to carry out inherently low-emission vehicle
activities. Notwithstanding any other provision of this sub-
chapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for as-
sistance under this subchapter.
‘‘(b) LOCATION
IN AIR QUALITY NONATTAINMENT
AREAS.—
‘‘(1) IN GENERAL.—A public-use airport shall be
eligible for participation in the pilot program only if
the airport is located in an air quality nonattain-
ment area (as defined in section 171(2) of the Clean
Air Act (42 U.S.C. 7501(d)).
‘‘(2) SHORTAGE
OF
CANDIDATES.—If the Sec-
retary receives an insufficient number of applications
from public-use airports located in such areas, then
the Secretary may consider applications from public-
use airports that are not located in such areas.
‘‘(c) SELECTION CRITERIA.—In selecting from among
applicants for participation in the pilot program, the Sec-
retary shall give priority consideration to applicants that
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will achieve the greatest air quality benefits measured by
the amount of emissions reduced per dollar of funds ex-
pended under the pilot program.
‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Not-
withstanding any other provision of this subchapter, the
United States Government’s share of the costs of a project
carried out under the pilot program shall be 50 percent.
‘‘(e) MAXIMUM AMOUNT.—Not more than $2,000,000
may be expended under the pilot program at any single
public-use airport.
‘‘(f) TECHNICAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—Participants carrying out
inherently low-emission vehicle activities under this
pilot program may use no less than 10 percent of the
amounts made available for expenditure at the air-
port under the pilot program to receive technical as-
sistance in carrying out such activities.
‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum
extent practicable, participants in the pilot program
shall use an eligible consortium (as defined in section
5506 of this title) in the region of the airport to re-
ceive technical assistance described in paragraph (1).
‘‘(3) PLANNING ASSISTANCE.—The administrator
may provide $500,000 from funds made available
under section 48103 to a multi-State, western re-
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gional technology consortium for the purposes of de-
veloping for dissemination prior to the commencement
of the pilot program a comprehensive best practices
planning guide that addresses appropriate tech-
nologies, environmental and economic impacts, and
the role of planning and mitigation strategies.
‘‘(g) REPORT
TO CONGRESS.—Not later than 18
months after the date of the enactment of the Air Transpor-
tation Improvement Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
containing—
‘‘(1) an evaluation of the effectiveness of the pilot
program;
‘‘(2) an identification of other public-use air-
ports that expressed an interest in participating in
the pilot program; and
‘‘(3) a description of the mechanisms used by the
Secretary to ensure that the information and know-
how gained by participants to the pilot program is
transferred among the participants and to other in-
terested parties, including other public-use airports.
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‘‘(h) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY
DEFINED.—In this section, the term ‘inherently low-emis-
sion vehicle activity’ means—
‘‘(1) the construction of infrastructure or modi-
fications at public-use airports to enable the delivery
of fuel and services necessary for the use of vehicles
that are certified as inherently low-emission vehicles
under title 40 of the Code of Federal Regulations,
that—
‘‘(A) operate exclusively on compressed nat-
ural gas, liquefied natural gas, liquefied petro-
leum gas, electricity, hydrogen, or a blend at
least 85 percent of which is methanol;
‘‘(B) are labeled in accordance with section
88.312–93(c) of such title; and
‘‘(C) are located or primarily used at pub-
lic-use airports;
‘‘(2) the construction of infrastructure or modi-
fications at public-use airports to enable the delivery
of fuel and services necessary for the use of non-road
vehicles that—
‘‘(A) operate exclusively on compressed nat-
ural gas, liquefied natural gas, liquefied petro-
leum gas, electricity, hydrogen, or a blend at
least 85 percent of which is methanol;
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‘‘(B) meet or exceed the standards set forth
in section 86.1708–99 of title 40 of the Code of
Federal Regulations, or the standards set forth
in section 89.112(a) of such title, and are in
compliance with the requirements of section
89.112(b) of such title; and
‘‘(C) are located or primarily used at pub-
lic-use airports;
‘‘(3) the payment of that portion of the cost of
acquiring such vehicles that exceeds the cost of acquir-
ing other vehicles or engines that would be used for
the same purpose; or
‘‘(4) the acquisition of technological capital
equipment to enable the delivery of fuel and services
necessary for the use of vehicles described in para-
graph (1).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 471 is further amended by adding at
the end the following:
‘‘47137. Inherently low-emission airport vehicle pilot program.’’.
SEC. 445. CONVEYANCE OF AIRPORT PROPERTY TO AN IN-
STITUTION OF HIGHER EDUCATION IN OKLA-
HOMA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including the Surplus Property Act of 1944
(58 Stat. 765, chapter 479; 50 U.S.C. App. 1622 et seq.),
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the Secretary of Transportation (or the appropriate Federal
officer) may waive, without charge, any of the terms con-
tained in any deed of conveyance described in subsection
(b) that restrict the use of any land described in such a
deed that, as of the date of enactment of this Act, is not
being used for the operation of an airport or for air traffic.
A waiver made under the preceding sentence shall be
deemed to be consistent with the requirements of section
47153 of title 49, United States Code.
(b) DEED OF CONVEYANCE.—A deed of conveyance re-
ferred to in subsection (a) is a deed of conveyance issued
by the United States before the date of enactment of this
Act for the conveyance of lands to a public institution of
higher education in Oklahoma.
(c) USE OF LANDS SUBJECT TO WAIVER.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the lands subject to a waiver under
subsection (a) shall not be subject to any term, condi-
tion, reservation, or restriction that would otherwise
apply to that land as a result of the conveyance of
that land by the United States to the institution of
higher education.
(2) USE OF LANDS.—An institution of higher
education that is issued a waiver under subsection (a)
may use revenues derived from the use, operation, or
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disposal of that land only for weather-related and
educational purposes that include benefits for avia-
tion.
(d) GRANTS.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, if an institution of higher education
that is subject to a waiver under subsection (a) re-
ceived financial assistance in the form of a grant
from the Federal Aviation Administration or a prede-
cessor agency before the date of enactment of this Act,
then the Secretary of Transportation may waive the
repayment of the outstanding amount of any grant
that the institution of higher education would other-
wise be required to pay.
(2) ELIGIBILITY
TO
RECEIVE
SUBSEQUENT
GRANTS.—Nothing in paragraph (1) shall affect the
eligibility of an institution of higher education that
is subject to that paragraph from receiving grants
from the Secretary of Transportation under chapter
471 of title 49, United States Code, or under any
other provision of law relating to financial assistance
provided through the Federal Aviation Administra-
tion.
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SEC. 446. AUTOMATED SURFACE OBSERVATION SYSTEM/
AUTOMATED WEATHER OBSERVING SYSTEM
UPGRADE.
Section 48101 is further amended by adding at the end
the following:
‘‘(f) AUTOMATED SURFACE OBSERVATION SYSTEM/
AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE.—
Of the amounts appropriated under subsection (a) for fiscal
years beginning after September 30, 2000, such sums as
may be necessary for the implementation and use of up-
grades to the current automated surface observation system/
automated weather observing system, if the upgrade is suc-
cessfully demonstrated.’’.
SEC. 447. TERMINAL AUTOMATED RADAR DISPLAY AND IN-
FORMATION SYSTEM.
The Administrator of the Federal Aviation Adminis-
tration shall develop a national policy and related proce-
dures concerning the Terminal Automated Radar Display
and Information System and sequencing for Visual Flight
Rule air traffic control towers.
SEC. 448. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G
SEATS.
Before the Administrator of the Federal Aviation Ad-
ministration issues a final rule requiring the air carriers
to retrofit existing aircraft with 16G seats, the Adminis-
trator shall conduct, in consultation with the Inspector
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General of the Department of Transportation, a comprehen-
sive analysis of the costs and benefits that would be associ-
ated with the issuance of such a final rule.
SEC. 449. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL
AIRPORT.
The Secretary of Transportation may grant a release
from any term or condition in a grant agreement for the
development or improvement of the Raleigh County Memo-
rial Airport, West Virginia, if the Secretary determines that
the property to be released—
(1) does not exceed 400 acres; and
(2) is not needed for airport purposes.
SEC. 450. AIRPORT SAFETY NEEDS.
(a) IN GENERAL.—The Administrator shall conduct a
study reviewing current and future airport safety needs
that—
(1) focuses specifically on the mission of rescue
personnel, rescue operations response time, and extin-
guishing equipment; and
(2) gives particular consideration to the need for
different requirements for airports that are related to
the size of the airport and the size of the community
immediately surrounding the airport.
(b) REPORT TRANSMITTED
TO CONGRESS; DEAD-
LINE.—The Administrator shall transmit a report con-
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taining the Administrator’s findings and recommendations
to the Aviation Subcommittee of the Senate Committee on
Commerce, Science, and Transportation and the Aviation
Subcommittee of the House of Representatives Committee
on Transportation and Infrastructure within 6 months
after the date of enactment of this Act.
(c) 
COST/BENEFIT
ANALYSIS
OF
PROPOSED
CHANGES.—If the Administrator recommends, on the basis
of a study conducted under subsection (a), that part 139
of title 14, Code of Federal Regulations, should be revised
to meet current and future airport safety needs, the Admin-
istrator shall include a cost-benefit analysis of any rec-
ommended changes in the report.
SEC. 451. FLIGHT TRAINING OF INTERNATIONAL STU-
DENTS.
The Federal Aviation Administration shall implement
a bilateral aviation safety agreement for conversion of flight
crew licenses between the government of the United States
and the Joint Aviation Authority member governments.
SEC. 452. GRANT PARISH, LOUISIANA.
IN GENERAL.—The United States may release, with-
out monetary consideration, all restrictions, conditions, and
limitations on the use, encumbrance, or conveyance of cer-
tain land located in Grant Parish, Louisiana, identified
as Tracts B, C, and D on the map entitled ‘‘Plat of Re-
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stricted Properties/Former Pollock Army Airfield, Pollock,
Louisiana’’, dated August 1, 1996, to the extent such restric-
tions, conditions, and limitations are enforceable by the
United States, but the United States shall retain the right
of access to, and use of, that land for national defense pur-
poses in time of war or national emergency.
(b) MINERAL RIGHTS.—Nothing in subsection (a) af-
fects the ownership or disposition of oil, gas, or other min-
eral resources associated with land described in subsection
(a).
SEC. 453. DESIGNATION OF GENERAL AVIATION AIRPORT.
Section 47118 of title 49, United States Code, is
amended—
(1) in the second sentence of subsection (a), by
striking ‘‘12’’ and inserting ‘‘15’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—
Notwithstanding any other provision of this section, at least
one of the airports designated under subsection (a) may be
a general aviation airport that is a former military instal-
lation closed or realigned under a law described in sub-
section (a)(1).’’.
SEC. 454. AIRLINE DEREGULATION STUDY COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—
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(1) ESTABLISHMENT.—There is established a
commission to be known as the Airline Deregulation
Study Commission (in this section referred to as the
‘‘Commission’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—Subject to subpara-
graph (B), the Commission shall be composed of
15 members of whom—
(i) 5 shall be appointed by the Presi-
dent;
(ii) 5 shall be appointed by the Presi-
dent pro tempore of the Senate, 3 upon the
recommendation of the Majority Leader,
and 2 upon the recommendation of the Mi-
nority Leader of the Senate; and
(iii) 5 shall be appointed by the Speak-
er of the House of Representatives, 3 upon
the Speaker’s own initiative, and 2 upon
the recommendation of the Minority Leader
of the House of Representatives.
(B) MEMBERS FROM RURAL AREAS.—
(i) REQUIREMENT.—Of the individuals
appointed to the Commission under sub-
paragraph (A)—
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(I) one of the individuals ap-
pointed under clause (i) of that sub-
paragraph shall be an individual who
resides in a rural area; and
(II) two of the individuals ap-
pointed under each of clauses (ii) and
(iii) of that subparagraph shall be in-
dividuals who reside in a rural area.
(ii) GEOGRAPHIC DISTRIBUTION.—The
appointment of individuals under subpara-
graph (A) pursuant to the requirement in
clause (i) of this subparagraph shall, to the
maximum extent practicable, be made so as
to ensure that a variety of geographic areas
of the country are represented in the mem-
bership of the Commission.
(C) DATE.—The appointments of the mem-
bers of the Commission shall be made not later
than 60 days after the date of the enactment of
this Act.
(3) PERIOD
OF
APPOINTMENT; VACANCIES.—
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not af-
fect its powers, but shall be filled in the same manner
as the original appointment.
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(4) INITIAL MEETING.—Not later than 30 days
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold
its first meeting.
(5) MEETINGS.—The Commission shall meet at
the call of the Chairperson.
(6) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(7) CHAIRPERSON.—The Commission shall select
a Chairman and Vice Chairperson from among its
members.
(b) DUTIES OF THE COMMISSION.—
(1) STUDY.—
(A) DEFINITIONS.—In this subsection, the
terms ‘air carrier’ and ‘air transportation’ have
the meanings given those terms in section
40102(a).
(B) CONTENTS.—The Commission shall
conduct a thorough study of the impacts of de-
regulation of the airline industry of the United
States on—
(i) 
the 
affordability, 
accessibility,
availability, and quality of air transpor-
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tation, particularly in small-sized and me-
dium-sized communities;
(ii) economic development and job cre-
ation, particularly in areas that are under-
served by air carriers;
(iii) the economic viability of small-
sized airports; and
(iv) the long-term configuration of the
United States passenger air transportation
system.
(C) MEASUREMENT FACTORS.—In carrying
out the study under this subsection, the Commis-
sion shall develop measurement factors to ana-
lyze the quality of passenger air transportation
service provided by air carriers by identifying
the factors that are generally associated with
quality passenger air transportation service.
(D) BUSINESS AND LEISURE TRAVEL.—In
conducting measurements for an analysis of the
affordability of air travel, to the extent prac-
ticable, the Commission shall provide for appro-
priate control groups and comparisons with re-
spect to business and leisure travel.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Commission
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shall submit an interim report to the President and
Congress, and not later than 18 months after the date
of the enactment of this Act, the Commission shall
submit a report to the President and Congress. Each
such report shall contain a detailed statement of the
findings and conclusions of the Commission, together
with its recommendations for such legislation and ad-
ministrative actions as it considers appropriate.
(c) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Com-
mission considers advisable to carry out the duties of
the Commission under this section.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission shall consult with the Comptroller
General of the United States and may secure directly
from any Federal department or agency such infor-
mation as the Commission considers necessary to
carry out the duties of the Commission under this sec-
tion. Upon request of the Chairperson of the Commis-
sion, the head of such department or agency shall fur-
nish such information to the Commission.
(3) POSTAL SERVICES.—The Commission may
use the United States mails in the same manner and
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under the same conditions as other departments and
agencies of the Federal Government.
(4) GIFTS.—The Commission may accept, use,
and dispose of gifts or donations of services or prop-
erty.
(d) COMMISSION PERSONNEL MATTERS.—
(1) TRAVEL
EXPENSES.—The members of the
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the
performance of services for the Commission.
(2) STAFF.—
(A) IN GENERAL.—The Chairperson of the
Commission may, without regard to the civil
service laws and regulations, appoint and termi-
nate an executive director and such other addi-
tional personnel as may be necessary to enable
the Commission to perform its duties. The em-
ployment of an executive director shall be subject
to confirmation by the Commission.
(B) COMPENSATION.—The Chairperson of
the Commission may fix the compensation of the
executive director and other personnel without
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regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate
of pay for the executive director and other per-
sonnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316
of such title.
(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee may be detailed to the
Commission without reimbursement, and such detail
shall be without interruption or loss of civil service
status or privilege.
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay pre-
scribed for level V of the Executive Schedule under
section 5316 of such title.
(e) TERMINATION OF COMMISSION.—The Commission
shall terminate 90 days after the date on which the Com-
mission submits its report under subsection (b).
(f) AUTHORIZATION OF APPROPRIATIONS.—
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(1) IN GENERAL.—There is authorized to be ap-
propriated $950,000 for fiscal year 2000 to the Com-
mission to carry out this section.
(2) AVAILABILITY.—Any sums appropriated pur-
suant to the authorization of appropriations in para-
graph (1) shall remain available until expended.
SEC. 455. NONDISCRIMINATION IN THE USE OF PRIVATE
AIRPORTS.
Chapter 401 of subtitle VII of title 49, United States
Code, is amended by inserting the following new section
after section 40122:
‘‘§ 40123. Nondiscrimination in the use of private air-
ports
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no State, county, city or municipal government
may prohibit the use or full enjoyment of a private airport
within its jurisdiction by any person on the basis of that
person’s race, creed, color, national origin, sex, or ances-
try.’’.
SEC. 456. CURFEW.
Notwithstanding any other provision of law, any ex-
emptions granted to air carriers under this Act may not
result in additional operations at Ronald Reagan Wash-
ington National Airport between the hours of 10:00 p.m.
and 7:00 a.m.
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SEC. 457. FEDERAL AVIATION ADMINISTRATION YEAR 2000
TECHNOLOGY SAFETY ENFORCEMENT ACT OF
1999.
(a) SHORT TITLE.—This section be cited as the ‘‘Fed-
eral Aviation Administration Year 2000 Technology Safety
Enforcement Act of 1999’’.
(b) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration.
(2) AIR CARRIER OPERATING CERTIFICATE.—The
term ‘‘air carrier operating certificate’’ has the same
meaning as in section 44705 of title 49, United States
Code.
(3) YEAR
2000
TECHNOLOGY
PROBLEM.—The
term ‘‘year 2000 technology problem’’ means a failure
by any device or system (including any computer sys-
tem and any microchip or integrated circuit embed-
ded in another device or product), or any software,
firmware, or other set or collection of processing in-
structions to process, to calculate, to compare, to se-
quence, to display, to store, to transmit, or to receive
year-2000 date-related data failures—
(A) to deal with or account for transitions
or comparisons from, into, and between the years
1999 and 2000 accurately;
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(B) to recognize or accurately process any
specific date in 1999, 2000, or 2001; or
(C) to accurately account for the year
2000’s status as a leap year, including recogni-
tion and processing of the correct date on Feb-
ruary 29, 2000.
(c) RESPONSE TO REQUEST FOR INFORMATION.—Any
person who has an air carrier operating certificate shall
respond on or before November 1, 1999, to any request for
information from the Administrator regarding readiness of
that person with regard to the year 2000 technology problem
as it relates to the compliance of that person with applicable
safety regulations.
(d) FAILURE TO RESPOND.—
(1) SURRENDER OF CERTIFICATE.—After Novem-
ber 1, 1999, the Administrator shall make a decision
on the record whether to compel any air carrier that
has not responded on or before November 1, 1999, to
a request for information regarding the readiness of
that air carrier with regard to the year 2000 tech-
nology problem as it relates to the air carrier’s com-
pliance with applicable safety regulations to sur-
render its operating certificate to the Administrator.
(2) REINSTATEMENT OF CERTIFICATE.—The Ad-
ministrator may return an air carrier operating cer-
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tificate that has been surrendered under this sub-
section upon—
(A) a finding by the Administrator that a
person whose certificate has been surrendered has
provided sufficient information to demonstrate
compliance with applicable safety regulations as
it relates to the year 2000 technology problem; or
(B) upon receipt of a certification, signed
under penalty or perjury, by the chief operating
officer of the air carrier, that such air carrier
has addressed the year 2000 technology problem
so that the air carrier will be in full compliance
with applicable safety regulations on and after
January 1, 2000.
SEC. 458. EXPRESSING THE SENSE OF THE SENATE CON-
CERNING AIR TRAFFIC OVER NORTHERN
DELAWARE.
(a) DEFINITION.—The term ‘‘Brandywine Intercept’’
means the point over Brandywine Hundred in northern
Delaware that pilots use for guidance and maintenance of
safe operation from other aircraft and over which most air-
craft pass on their East Operations approach to Philadel-
phia International Airport.
(b) FINDINGS.—Congress makes the following findings:
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(1) The Brandywine Hundred area of New Cas-
tle County, Delaware serves as a major approach
causeway to Philadelphia International Airport’s
East Operations runways.
(2) The standard of altitude over the Brandy-
wine Intercept is 3,000 feet, with airport scatter
charts indicating that within a given hour of con-
sistent weather and visibility aircraft fly over the
Brandywine Hundred at anywhere from 2,500 to
4,000 feet.
(3) Lower airplane altitudes result in increased
ground noise.
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary of Transportation should—
(1) include northern Delaware in any study of
aircraft noise conducted under part 150 of title 14 of
the Code of Federal Regulations required under the
National Environmental Policy Act of 1969 for the
redesign of the airspace surrounding Philadelphia
International Airport;
(2) study the feasibility, consistent with safety,
of placing the approach causeway for Philadelphia
International Airport’s East Operations over the
Delaware River (instead of Brandywine Hundred);
and
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(3) study the feasibility of increasing the stand-
ard altitude over the Brandywine Intercept from
3,000 feet to 4,000 feet.
SEC. 459. STUDY OF OUTDOOR AIR, VENTILATION, AND RE-
CIRCULATION AIR REQUIREMENTS FOR PAS-
SENGER CABINS IN COMMERCIAL AIRCRAFT.
(a) DEFINITIONS.—In this section, the terms ‘‘air car-
rier’’ and ‘‘aircraft’’ have the meanings given those terms
in section 40102 of title 49, United States Code.
(b) IN GENERAL.—As soon as practicable after the date
of enactment of this section, the Secretary of Transportation
(referred to in this section as the ‘‘Secretary’’) shall conduct
a study of sources of air supply contaminants of aircraft
and air carriers to develop alternatives to replace engine
and auxiliary power unit bleed air as a source of air sup-
ply. To carry out this paragraph, the Secretary may enter
into an agreement with the Director of the National Acad-
emy of Sciences for the National Research Council to con-
duct the study.
(c) AVAILABILITY OF INFORMATION.—Upon comple-
tion of the study under this section in one year’s time, the
Administrator of the Federal Aviation Administration shall
make available the results of the study to air carriers
through the Aviation Consumer Protection Division of the
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Office of the General Counsel for the Department of Trans-
portation.
SEC. 460. GENERAL AVIATION METROPOLITAN ACCESS AND
RELIEVER AIRPORT GRANT FUND.
(a) DEFINITION.—Title 49, United States Code, is
amended by adding the following new subparagraph at the
end of section 47144(d)(1):
‘‘(C) GENERAL
AVIATION
METROPOLITAN
ACCESS
AND
RELIEVER
AIRPORT.—‘General
Aviation Metropolitan Access and Reliever Air-
port’ means a Reliever Airport which has annual
operations in excess of 75,000 operations, a run-
way with a minimum usable landing distance of
5,000 feet, a precision instrument landing proce-
dure, a minimum of 150 based aircraft, and
where the adjacent Air Carrier Airport exceeds
20,000 hours of annual delays as determined by
the Federal Aviation Administration.’’.
(b) APPORTIONMENT.—Title 49, United States Code,
section 47114(d), is amended by adding at the end:
‘‘(4) The Secretary shall apportion an additional
5 percent of the amount subject to apportionment for
each fiscal year to States that include a General
Aviation Metropolitan Access and Reliever Airport
equal to the percentage of the apportionment equal to
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the percentage of the number of operations of the
State’s eligible General Aviation Metropolitan Access
and Reliever Airports compared to the total oper-
ations of all General Aviation Metropolitan Access
and Reliever Airports.’’.
SEC. 461. STUDY ON AIRPORT NOISE.
(a) IN GENERAL.—Not later than 18 months after the
date of enactment of this Act, the Administrator of the En-
vironmental Protection Agency shall submit a study on air-
port noise to Congress, the Secretary of Transportation, and
the Administrator of the Federal Aviation Administration.
(b) AREAS OF STUDY.—The study shall examine—
(1) the selection of noise measurement methodolo-
gies used by the Administrator of the Federal Avia-
tion Administration;
(2) the threshold of noise at which health impacts
are felt;
(3) the effectiveness of noise abatement programs
at airports around the United States; and
(4) the impacts of aircraft noise on students and
educators in schools.
(c) RECOMMENDATIONS.—The study shall include spe-
cific recommendations to the Secretary of Transportation
and the Administrator of the Federal Aviation Administra-
tion concerning new measures that should be implemented
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to mitigate the impact of aircraft noise on communities sur-
rounding airports.
SEC. 462. SENSE OF THE SENATE CONCERNING EAS.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) essential air service (EAS) to smaller com-
munities remains vital, and that the difficulties en-
countered by many communities in retaining EAS
warrant increased Federal attention;
(2) the FAA should give full consideration to
ending the local match required by Dickinson, North
Dakota.
(b) REPORT.—Not later than 60 days after enactment
of this legislation, the Secretary of Transportation shall re-
port to the Congress with an analysis of the difficulties
faced by many smaller communities in retaining EAS and
a plan to facilitate easier EAS retention. This report shall
give particular attention to communities in North Dakota.
SEC. 463. AIRLINE QUALITY SERVICE REPORTS.
The Secretary of Transportation shall modify the Air-
line Service Quality Performance reports required under
part 234 of title 14, Code of Federal Regulations, to more
fully disclose to the public the nature and source of delays
and cancellations experienced by air travelers. Such modi-
fications shall include a requirement that air carriers re-
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port delays and cancellations in categories which reflect the
reasons for such delays and cancellations. Such categories
and reporting shall be determined by the Administrator in
consultation with representatives of airline passengers, air
carriers, and airport operators, and shall include delays
and cancellations caused by air traffic control.
SEC. 464. PREVENTION OF FRAUDS INVOLVING AIRCRAFT
OR SPACE VEHICLE PARTS IN INTERSTATE
OR FOREIGN COMMERCE.
(a) SHORT TITLE.—This section may be cited as the
‘‘Aircraft Safety Act of 1999’’.
(b) DEFINITIONS.—Section 31 of title 18, United
States Code, is amended by striking all after the section
heading and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a
civil, military, or public contrivance invented, used,
or designed to navigate, fly, or travel in the air.
‘‘(2) AVIATION
QUALITY.—The term ‘aviation
quality’, with respect to a part of an aircraft or space
vehicle, means the quality of having been manufac-
tured, constructed, produced, repaired, overhauled, re-
built, reconditioned, or restored in conformity with
applicable standards specified by law (including a
regulation) or contract.
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‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘de-
structive substance’ means an explosive substance,
flammable material, infernal machine, or other chem-
ical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive na-
ture.
‘‘(4) IN FLIGHT.—The term ‘in flight’ means—
‘‘(A) any time from the moment at which
all the external doors of an aircraft are closed
following embarkation until the moment when
any such door is opened for disembarkation; and
‘‘(B) in the case of a forced landing, until
competent authorities take over the responsibility
for the aircraft and the persons and property on
board.
‘‘(5) IN SERVICE.—The term ‘in service’ means—
‘‘(A) any time from the beginning of pre-
flight preparation of an aircraft by ground per-
sonnel or by the crew for a specific flight until
24 hours after any landing; and
‘‘(B) in any event includes the entire period
during which the aircraft is in flight.
‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’
means every description of carriage or other contriv-
ance propelled or drawn by mechanical power and
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used for commercial purposes on the highways in the
transportation of passengers, passengers and prop-
erty, or property or cargo.
‘‘(7) PART.—The term ‘part’ means a frame, as-
sembly, component, appliance, engine, propeller, ma-
terial, part, spare part, piece, section, or related inte-
gral or auxiliary equipment.
‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’
means a man-made device, either manned or un-
manned, designed for operation beyond the Earth’s
atmosphere.
‘‘(9) STATE.—The term ‘State’ means a State of
the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.
‘‘(10) USED FOR COMMERCIAL PURPOSES.—The
term ‘used for commercial purposes’ means the car-
riage of persons or property for any fare, fee, rate,
charge or other consideration, or directly or indirectly
in connection with any business, or other undertaking
intended for profit.
‘‘(b) TERMS DEFINED IN OTHER LAW.—In this chap-
ter, the terms ‘aircraft engine’, ‘air navigation facility’,
‘appliance’, ‘civil aircraft’, ‘foreign air commerce’, ‘inter-
state air commerce’, ‘landing area’, ‘overseas air commerce’,
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‘propeller’, ‘spare part’, and ‘special aircraft jurisdiction
of the United States’ have the meanings given those terms
in sections 40102(a) and 46501 of title 49.’’.
(c) FRAUD.—
(1) IN GENERAL.—Chapter 2 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 38. Fraud involving aircraft or space vehicle parts
in interstate or foreign commerce
‘‘(a) OFFENSES.—A person that, in or affecting inter-
state or foreign commerce, knowingly—
‘‘(1)(A) falsifies or conceals a material fact;
‘‘(B) makes any materially fraudulent represen-
tation; or
‘‘(C) makes or uses any materially false writing,
entry, certification, document, record, data plate,
label, or electronic communication;
concerning any aircraft or space vehicle part;
‘‘(2) exports from or imports or introduces into
the United States, sells, trades, installs on or in any
aircraft or space vehicle any aircraft or space vehicle
part using or by means of a fraudulent representa-
tion, document, record, certification, depiction, data
plate, label, or electronic communication; or
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‘‘(3) attempts or conspires to commit an offense
described in paragraph (1) or (2);
shall be punished as provided in subsection (b).
‘‘(b) PENALTIES.—The punishment for an offense
under subsection (a) is as follows:
‘‘(1) AVIATION QUALITY.—If the offense relates to
the aviation quality of a part and the part is in-
stalled in an aircraft or space vehicle, a fine of not
more than $500,000, imprisonment for not more than
25 years, or both.
‘‘(2) FAILURE TO OPERATE AS REPRESENTED.—
If, by reason of the failure of the part to operate as
represented, the part to which the offense is related is
the probable cause of a malfunction or failure that re-
sults in serious bodily injury (as defined in section
1365) to or the death of any person, a fine of not
more than $1,000,000, imprisonment for any term of
years or life, or both.
‘‘(3) ORGANIZATIONS.—If the offense is com-
mitted by an organization, a fine of not more than
$25,000,000.
‘‘(4) OTHER CIRCUMSTANCES.—In the case of an
offense not described in paragraph (1), (2), or (3), a
fine under this title, imprisonment for not more than
15 years, or both.
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‘‘(c) CIVIL REMEDIES.—
‘‘(1) IN
GENERAL.—The district courts of the
United States shall have jurisdiction to prevent and
restrain violations of this section by issuing appro-
priate orders, including—
‘‘(A) ordering a person CONVICTED OF AN
OFFENSE UNDER THIS SECTION to divest any in-
terest, direct or indirect, in any enterprise, or to
destroy, or to mutilate and sell as scrap, aircraft
material or part inventories or stocks;
‘‘(B) imposing reasonable restrictions on the
future activities or investments of any such per-
son, including prohibiting engagement in the
same type of endeavor as used to commit the of-
fense; and
‘‘(C) ordering dissolution or reorganization
of any enterprise, making due provisions for the
rights and interests of innocent persons.
‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—
Pending final determination of a proceeding brought
under this section, the court may enter such restrain-
ing orders or prohibitions, or take such other actions
(including the acceptance of satisfactory performance
bonds) as the court deems proper.
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‘‘(3) ESTOPPEL.—A final judgment rendered in
favor of the United States in any criminal proceeding
brought under this section shall estop the defendant
from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by
the United States.
‘‘(d) CRIMINAL FORFEITURE.—
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on any person convicted of an offense under this
section, shall order, in addition to any other sentence
and irrespective of any provision of State law, that
the person forfeit to the United States—
‘‘(A) any property constituting, or derived
from, any proceeds that the person obtained, di-
rectly or indirectly, as a result of the offense; and
‘‘(B) any property used, or intended to be
used in any manner, to commit or facilitate the
commission of the offense.
‘‘(2) APPLICATION
OF
OTHER
LAW.—The for-
feiture of property under this section, including any
seizure and disposition of the property, and any pro-
ceedings relating to the property, shall be governed by
section 413 of the Comprehensive Drug Abuse and
Prevention Act of 1970 (21 U.S.C. 853) (not includ-
ing subsection (d) of that section).
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‘‘(e) CONSTRUCTION WITH OTHER LAW.—This section
does not preempt or displace any other remedy, civil or
criminal, provided by Federal or State law for the fraudu-
lent importation, sale, trade, installation, or introduction
into commerce of an aircraft or space vehicle part.
‘‘(f) TERRITORIAL SCOPE.—This section applies to
conduct occurring inside or outside the United States.
‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND PROCE-
DURES.—
‘‘(1) AUTHORIZATION.—
‘‘(A) SUBPOENAS.—In any investigation re-
lating to any act or activity involving an offense
under this section, the Attorney General may
issue in writing and cause to be served a
subpoena—
‘‘(i) requiring the production of any
record (including any book, paper, docu-
ment, electronic medium, or other object or
tangible thing) that may be relevant to an
authorized law enforcement inquiry, that a
person or legal entity may possess or have
care or custody of or control over; and
‘‘(ii) requiring a custodian of a record
to give testimony concerning the production
and authentication of the record.
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‘‘(B) CONTENTS.—A subpoena under sub-
paragraph (A) shall—
‘‘(i) describe the object required to be
produced; and
‘‘(ii) prescribe a return date within a
reasonable period of time within which the
object can be assembled and produced.
‘‘(C) LIMITATION.—The production of a
record shall not be required under this section at
any place more than 500 miles from the place at
which the subpoena for the production of the
record is served.
‘‘(D) WITNESS FEES.—A witness summoned
under this section shall be paid the same fees
and mileage as are paid witnesses in courts of
the United States.
‘‘(b) SERVICE.—
‘‘(1) IN
GENERAL.—A subpoena issued under
subsection (a) may be served by any person who is at
least 18 years of age and is designated in the sub-
poena to serve the subpoena.
‘‘(2) NATURAL PERSONS.—Service of a subpoena
issued under subsection (a) on a natural person may
be made by personal delivery of the subpoena to the
person.
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‘‘(3) CORPORATIONS
AND
OTHER
ORGANIZA-
TIONS.—Service of a subpoena issued under sub-
section (a) on a domestic or foreign corporation or on
a partnership or other unincorporated association
that is subject to suit under a common name may be
made by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent au-
thorized by appointment or by law to receive service
of process for the corporation, partnership, or associa-
tion.
‘‘(4) PROOF OF SERVICE.—The affidavit of the
person serving the subpoena entered or a true copy of
such an affidavit shall be proof of service.
‘‘(c) ENFORCEMENT.—
‘‘(1) IN GENERAL.—In the case of a failure to
comply with a subpoena issued under subsection (a),
the Attorney General may invoke the aid of any court
of the United States within the jurisdiction of which
the investigation is carried on or of which the subpoe-
naed person is an inhabitant, or in which the subpoe-
naed person carries on business or may be found, to
compel compliance with the subpoena.
‘‘(2) ORDERS.—The court may issue an order re-
quiring the subpoenaed person to appear before the
Attorney General to produce a record or to give testi-
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mony concerning the production and authentication
of a record.
‘‘(3) CONTEMPT.—Any failure to obey the order
of the court may be punished by the court as a con-
tempt of court.
‘‘(4) PROCESS.—All process in a case under this
subsection may be served in any judicial district in
which the subpoenaed person may be found.
‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwith-
standing any Federal, State, or local law, any person (in-
cluding any officer, agent, or employee of a person) that
receives a subpoena under this section, who complies in good
faith with the subpoena and produces a record or material
sought by a subpoena under this section, shall not be liable
in any court of any State or the United States to any cus-
tomer or other person for the production or for nondisclo-
sure of the production to the customer.’’.
(2) CONFORMING AMENDMENTS.—
(A) CHAPTER ANALYSIS.—The analysis for
chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
‘‘38. Fraud involving aircraft or space vehicle parts in interstate or foreign com-
merce.’’.
(B) WIRE
AND
ELECTRONIC
COMMUNICA-
TIONS.—Section 2516(1)(c) of title 18, United
States Code, is amended by inserting ‘‘section 38
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(relating to aircraft parts fraud),’’ after ‘‘section
32 (relating to destruction of aircraft or aircraft
facilities),’’.
SEC. 465. PRESERVATION OF ESSENTIAL AIR SERVICE AT
DOMINATED HUB AIRPORTS.
(a) IN GENERAL.—Subchapter II of chapter 417 is
amended by adding at the end thereof the following:
‘‘§ 41743. Preservation of basic essential air service at
dominated hub airports
‘‘(a) IN GENERAL.—If the Secretary of Transportation
determines that extraordinary circumstances jeopardize the
reliable and competitive performance of essential air service
under this subchapter from a subsidized essential air service
community to and from an essential airport facility, then
the Secretary may require the air carrier that has more
than 50 percent of the total annual enplanements at the
essential airport facility to take action to enable an air car-
rier to provide reliable and competitive essential air service
to that community. Action required by the Secretary under
this subsection may include interline agreements, ground
services, subleasing of gates, and the provision of any other
service or facility necessary for the performance of satisfac-
tory essential air service to that community.
‘‘(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In
this section, the term ‘essential airport facility’ means a
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large hub airport (as defined in section 41731) in the con-
tiguous 48 States at which 1 air carrier has more than 50
percent of the total annual enplanements at that airport.’’.
SEC. 466. AVAILABILITY OF FUNDS FOR GEORGIA’S RE-
GIONAL AIRPORT ENHANCEMENT PROGRAM.
Of the amounts made available to the Secretary of
Transportation for the fiscal year 2000 under section 48103
of title 49, United States Code, funds may be available for
Georgia’s regional airport enhancement program for the ac-
quisition of land.
TITLE V—AVIATION
COMPETITION PROMOTION
SEC. 501. PURPOSE.
The purpose of this title is to facilitate, through a 4-
year pilot program, incentives and projects that will help
up to 40 communities or consortia of communities to im-
prove their access to the essential airport facilities of the
national air transportation system through public-private
partnerships and to identify and establish ways to overcome
the unique policy, economic, geographic, and marketplace
factors that may inhibit the availability of quality, afford-
able air service to small communities.
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SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIA-
TION DEVELOPMENT PROGRAM.
Section 102 is amended by adding at the end thereof
the following:
‘‘(g) SMALL COMMUNITY AIR SERVICE DEVELOPMENT
PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a 4-year pilot aviation development program
to be administered by a program director designated
by the Secretary.
‘‘(2) FUNCTIONS.—The program director shall—
‘‘(A) function as a facilitator between small
communities and air carriers;
‘‘(B) carry out section 41743 of this title;
‘‘(C) carry out the airline service restora-
tion program under sections 41744, 41745, and
41746 of this title;
‘‘(D) ensure that the Bureau of Transpor-
tation Statistics collects data on passenger infor-
mation to assess the service needs of small com-
munities;
‘‘(E) work with and coordinate efforts with
other Federal, State, and local agencies to in-
crease the viability of service to small commu-
nities and the creation of aviation development
zones; and
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‘‘(F) provide policy recommendations to the
Secretary and the Congress that will ensure that
small communities have access to quality, afford-
able air transportation services.
‘‘(3) REPORTS.—The program director shall pro-
vide an annual report to the Secretary and the Con-
gress beginning in 2000 that—
‘‘(A) analyzes the availability of air trans-
portation services in small communities, includ-
ing, but not limited to, an assessment of the air
fares charged for air transportation services in
small communities compared to air fares charged
for air transportation services in larger metro-
politan areas and an assessment of the levels of
service, measured by types of aircraft used, the
availability of seats, and scheduling of flights,
provided to small communities;
‘‘(B) identifies the policy, economic, geo-
graphic and marketplace factors that inhibit the
availability of quality, affordable air transpor-
tation services to small communities; and
‘‘(C) provides policy recommendations to
address the policy, economic, geographic, and
marketplace factors inhibiting the availability of
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quality, affordable air transportation services to
small communities.’’.
SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.
(a) IN GENERAL.—Subchapter II of chapter 417 is
amended by adding at the end thereof the following:
‘‘§ 41743. Air service program for small communities
‘‘(a) 
COMMUNITIES
PROGRAM.—Under 
advisory
guidelines prescribed by the Secretary of Transportation,
a small community or a consortia of small communities
or a State may develop an assessment of its air service re-
quirements, in such form as the program director des-
ignated by the Secretary under section 102(g) may require,
and submit the assessment and service proposal to the pro-
gram director.
‘‘(b) SELECTION OF PARTICIPANTS.—In selecting com-
munity programs for participation in the communities pro-
gram under subsection (a), the program director shall apply
criteria, including geographical diversity and the presen-
tation of unique circumstances, that will demonstrate the
feasibility of the program. For purposes of this subsection,
the application of geographical diversity criteria means cri-
teria that—
‘‘(1) will promote the development of a national
air transportation system; and
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‘‘(2) will involve the participation of commu-
nities in all regions of the country.
‘‘(c) CARRIERS PROGRAM.—The program director
shall invite part 121 air carriers and regional/commuter
carriers (as such terms are defined in section 41715(d) of
this title) to offer service proposals in response to, or in
conjunction with, community aircraft service assessments
submitted to the office under subsection (a). A service pro-
posal under this paragraph shall include—
‘‘(1) an assessment of potential daily passenger
traffic, revenues, and costs necessary for the carrier to
offer the service;
‘‘(2) a forecast of the minimum percentage of
that traffic the carrier would require the community
to garner in order for the carrier to start up and
maintain the service; and
‘‘(3) the costs and benefits of providing jet service
by regional or other jet aircraft.
‘‘(d) PROGRAM SUPPORT FUNCTION.—The program
director shall work with small communities and air car-
riers, taking into account their proposals and needs, to fa-
cilitate the initiation of service. The program director—
‘‘(1) may work with communities to develop in-
novative means and incentives for the initiation of
service;
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‘‘(2) may obligate funds authorized under section
504 of the Air Transportation Improvement Act to
carry out this section;
‘‘(3) shall continue to work with both the carriers
and the communities to develop a combination of
community incentives and carrier service levels
that—
‘‘(A) are acceptable to communities and
carriers; and
‘‘(B) do not conflict with other Federal or
State programs to facilitate air transportation to
the communities;
‘‘(4) designate an airport in the program as an
Air Service Development Zone and work with the
community on means to attract business to the area
surrounding the airport, to develop land use options
for the area, and provide data, working with the De-
partment of Commerce and other agencies;
‘‘(5) take such other action under this chapter as
may be appropriate.
‘‘(e) LIMITATIONS.—
‘‘(1) COMMUNITY SUPPORT.—The program direc-
tor may not provide financial assistance under sub-
section (c)(2) to any community unless the program
director determines that—
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‘‘(A) a public-private partnership exists at
the community level to carry out the commu-
nity’s proposal;
‘‘(B) the community will make a substan-
tial financial contribution that is appropriate
for that community’s resources, but of not less
than 25 percent of the cost of the project in any
event;
‘‘(C) the community has established an open
process for soliciting air service proposals; and
‘‘(D) the community will accord similar
benefits to air carriers that are similarly situ-
ated.
‘‘(2) AMOUNT.—The program director may not
obligate more than $80,000,000 of the amounts au-
thorized under 504 of the Air Transportation Im-
provement Act over the 4 years of the program.
‘‘(3) NUMBER OF PARTICIPANTS.—The program
established under subsection (a) shall not involve
more than 40 communities or consortia of commu-
nities.
‘‘(f) REPORT.—The program director shall report
through the Secretary to the Congress annually on the
progress made under this section during the preceding year
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in expanding commercial aviation service to smaller com-
munities.
‘‘§ 41744. Pilot program project authority
‘‘(a) IN GENERAL.—The program director designated
by the Secretary of Transportation under section 102(g)(1)
shall establish a 4-year pilot program—
‘‘(1) to assist communities and States with inad-
equate access to the national transportation system to
improve their access to that system; and
‘‘(2) to facilitate better air service link-ups to
support the improved access.
‘‘(b) PROJECT AUTHORITY.—Under the pilot program
established pursuant to subsection (a), the program director
may—
‘‘(1) out of amounts authorized under section
504 of the Air Transportation Improvement Act, pro-
vide financial assistance by way of grants to small
communities or consortia of small communities under
section 41743 of up to $500,000 per year; and
‘‘(2) take such other action as may be appro-
priate.
‘‘(c) OTHER ACTION.—Under the pilot program estab-
lished pursuant to subsection (a), the program director may
facilitate service by—
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‘‘(1) working with airports and air carriers to
ensure that appropriate facilities are made available
at essential airports;
‘‘(2) collecting data on air carrier service to
small communities; and
‘‘(3) providing policy recommendations to the
Secretary to stimulate air service and competition to
small communities.
‘‘(d) ADDITIONAL ACTION.—Under the pilot program
established pursuant to subsection (a), the Secretary shall
work with air carriers providing service to participating
communities and major air carriers serving large hub air-
ports (as defined in section 41731(a)(3)) to facilitate joint
fare arrangements consistent with normal industry prac-
tice.
‘‘§ 41745. Assistance to communities for service
‘‘(a) IN GENERAL.—Financial assistance provided
under section 41743 during any fiscal year as part of the
pilot program established under section 41744(a) shall be
implemented for not more than—
‘‘(1) 4 communities within any State at any
given time; and
‘‘(2) 40 communities in the entire program at
any time.
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For purposes of this subsection, a consortium of commu-
nities shall be treated as a single community.
‘‘(b) ELIGIBILITY.—In order to participate in a pilot
project under this subchapter, a State, community, or group
of communities shall apply to the Secretary in such form
and at such time, and shall supply such information, as
the Secretary may require, and shall demonstrate to the sat-
isfaction of the Secretary that—
‘‘(1) the applicant has an identifiable need for
access, or improved access, to the national air trans-
portation system that would benefit the public;
‘‘(2) the pilot project will provide material bene-
fits to a broad section of the travelling public, busi-
nesses, educational institutions, and other enterprises
whose access to the national air transportation system
is limited;
‘‘(3) the pilot project will not impede competi-
tion; and
‘‘(4) the applicant has established, or will estab-
lish, public-private partnerships in connection with
the pilot project to facilitate service to the public.
‘‘(c) COORDINATION
WITH OTHER PROVISIONS
OF
SUBCHAPTER.—The Secretary shall carry out the 4-year
pilot program authorized by this subchapter in such a man-
ner as to complement action taken under the other provi-
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sions of this subchapter. To the extent the Secretary deter-
mines to be appropriate, the Secretary may adopt criteria
for implementation of the 4-year pilot program that are the
same as, or similar to, the criteria developed under the pre-
ceding sections of this subchapter for determining which
airports are eligible under those sections. The Secretary
shall also, to the extent possible, provide incentives where
no direct, viable, and feasible alternative service exists, tak-
ing into account geographical diversity and appropriate
market definitions.
‘‘(d) MAXIMIZATION
OF PARTICIPATION.—The Sec-
retary shall structure the program established pursuant to
section 41744(a) in a way designed to—
‘‘(1) permit the participation of the maximum
feasible number of communities and States over a 4-
year period by limiting the number of years of par-
ticipation or otherwise; and
‘‘(2) obtain the greatest possible leverage from the
financial resources available to the Secretary and the
applicant by—
‘‘(A) progressively decreasing, on a project-
by-project basis, any Federal financial incentives
provided under this chapter over the 4-year pe-
riod; and
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‘‘(B) terminating as early as feasible Fed-
eral financial incentives for any project deter-
mined by the Secretary after its implementation
to be—
‘‘(i) viable without further support
under this subchapter; or
‘‘(ii) failing to meet the purposes of
this chapter or criteria established by the
Secretary under the pilot program.
‘‘(e) SUCCESS BONUS.—If Federal financial incentives
to a community are terminated under subsection (d)(2)(B)
because of the success of the program in that community,
then that community may receive a one-time incentive
grant to ensure the continued success of that program.
‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.—No new
financial assistance may be provided under this subchapter
for any fiscal year beginning more than 4 years after the
date of enactment of the Air Transportation Improvement
Act.
‘‘§ 41746. Additional authority
‘‘In carrying out this chapter, the Secretary—
‘‘(1) may provide assistance to States and com-
munities in the design and application phase of any
project under this chapter, and oversee the implemen-
tation of any such project;
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‘‘(2) may assist States and communities in put-
ting together projects under this chapter to utilize pri-
vate sector resources, other Federal resources, or a
combination of public and private resources;
‘‘(3) may accord priority to service by jet air-
craft;
‘‘(4) take such action as may be necessary to en-
sure that financial resources, facilities, and adminis-
trative arrangements made under this chapter are
used to carry out the purposes of title V of the Air
Transportation Improvement Act; and
‘‘(5) shall work with the Federal Aviation Ad-
ministration on airport and air traffic control needs
of communities in the program.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for subchapter II of chapter 417 is amended by inserting
after the item relating to section 41742 the following:
‘‘41743. Air service program for small communities.
‘‘41744. Pilot program project authority.
‘‘41745. Assistance to communities for service.
‘‘41746. Additional authority.’’.
(c) WAIVER
OF
LOCAL
CONTRIBUTION.—Section
41736(b) is amended by inserting after paragraph (4) the
following:
‘‘Paragraph (4) does not apply to any community approved
for service under this section during the period beginning
October 1, 1991, and ending December 31, 1997.’’.