127
‘‘(3) PROPOSAL DEFINED.—In this subsection,
the term ‘proposal’ means information contained in
or originating from any proposal, including a tech-
nical, management, or cost proposal, submitted by
an offeror in response to the requirements of a solic-
itation for a competitive proposal.’’.
SEC. 703. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended—
(1) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) TELECOMMUNICATIONS
SERVICES.—Notwith-
standing section 1341(a)(1)(B) of title 31, the Adminis-
trator may make a contract of not more than 10 years
for telecommunication services that are provided through
the use of a satellite if the Administrator finds that the
longer contract period would be cost beneficial.’’.
SEC. 704. FEDERAL AVIATION ADMINISTRATION PERSON-
NEL MANAGEMENT SYSTEM.
(a) MEDIATION.—Section 40122(a)(2) is amended by
adding at the end the following: ‘‘The 60-day period shall
not include any period during which Congress has ad-
journed sine die.’’.
128
(b) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—Section 40122 is amended by adding at the end
the following:
‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—An employee of the Administration who is the
subject of a major adverse personnel action may contest
the action either through any contractual grievance proce-
dure that is applicable to the employee as a member of
the collective bargaining unit or through the Administra-
tion’s internal process relating to review of major adverse
personnel actions of the Administration, known as Guar-
anteed Fair Treatment or under section 347(c) of the De-
partment of Transportation andRelated Agencies Appro-
priations Act, 1996.
‘‘(h) ELECTION OF FORUM.—Where a major adverse
personnel action may be contested through more than one
of the indicated forums (such as the contractual grievance
procedure, the Federal Aviation Administration’s internal
process, or that of the Merit Systems Protection Board),
an employee must elect the forum through which the mat-
ter will be contested. Nothing in this section is intended
to allow an employee to contest an action through more
than one forum unless otherwise allowed by law.
‘‘(i) DEFINITION.—For purposes of this section, the
term ‘major adverse personnel action’ means a suspension
129
of more than 14 days, a reduction in pay or grade, a re-
moval for conduct or performance, a nondisciplinary re-
moval, a furlough of 30 days or less (but not including
placement in a nonpay status as the result of a lapse of
appropriations or an enactment by Congress), or a reduc-
tion in force action.’’.
(c) 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 ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) sections 1204, 1211–1218, 1221, and
7701–7703, relating to the Merit Systems Protec-
tion Board.’’.
(d) 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
developed and implemented under subsection (a), an em-
130
ployee of the Federal Aviation Administration may submit
an appeal to the Merit Systems Protection Board and may
seek judicial review of any resulting final orders or deci-
sions of the Board from any action that was appealable
to the Board under any law, rule, or regulation as of
March 31, 1996.’’.
SEC. 705. NONDISCRIMINATION IN AIRLINE TRAVEL.
(a) DISCRIMINATORY PRACTICES.—Section 41310(a)
is amended to read as follows:
‘‘(a) PROHIBITIONS.—
‘‘(1) IN GENERAL.—An air carrier or foreign
air carrier may not subject a person, place, port, or
type of traffic in foreign air transportation to unrea-
sonable discrimination.
‘‘(2) DISCRIMINATION AGAINST PERSONS.—An
air carrier or foreign air carrier may not subject a
person in foreign air transportation to discrimina-
tion on the basis of race, color, national origin, reli-
gion, or sex.’’.
(b) INTERSTATE AIR TRANSPORTATION.—Section
41702 is amended—
(1) by striking ‘‘An air carrier’’ and inserting
‘‘(a) 
SAFE
AND
ADEQUATE
AIR
TRANSPOR-
TATION.—An air carrier’’; and
(2) by adding at the end the following:
131
‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air
carrier may not subject a person in interstate air transpor-
tation to discrimination on the basis of race, color, na-
tional origin, religion, or sex.’’.
(c) DISCRIMINATION AGAINST HANDICAPPED INDI-
VIDUALS.—Section 41705 is amended by inserting ‘‘or
foreign air carrier’’ after ‘‘air carrier’’.
(d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBI-
TION
ON
DISCRIMINATION
AGAINST
THE
HANDI-
CAPPED.—Sections 46301(a)(1)(A) is amended by insert-
ing ‘‘41705,’’ after ‘‘41704,’’.
(e) INTERNATIONAL AVIATION STANDARDS FOR AC-
COMMODATING
THE HANDICAPPED.—The Secretary of
Transportation shall work with appropriate international
organizations and the aviation authorities of other nations
to bring about the establishment of higher standards, if
appropriate, for accommodating handicapped passengers
in air transportation, particularly with respect to foreign
air carriers that code share with domestic air carriers.
SEC. 706. GENERAL FACILITIES AND PERSONNEL AUTHOR-
ITY.
Section 44502(a) is further amended by adding at
the end the following:
‘‘(6) 
IMPROVEMENTS
ON
LEASED
PROP-
ERTIES.—The Administrator may make improve-
132
ments to real property leased for an air navigation
facility, regardless of whether the cost of making the
improvements exceeds the cost of leasing the real
property, if—
‘‘(A) the property is leased for free or
nominal rent;
‘‘(B) the improvements primarily benefit
the Government;
‘‘(C) the improvements are essential for ac-
complishment of the mission of the Federal
Aviation Administration; and
‘‘(D) the interest of the Government in the
improvements is protected.’’.
SEC. 707. IMPLEMENTATION OF ARTICLE 83 BIS OF THE
CHICAGO CONVENTION.
Section 44701 is amended by—
(1) redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the follow-
ing:
‘‘(e) BILATERAL EXCHANGES
OF SAFETY OVER-
SIGHT RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of this chapter, the Administrator, pursuant to
Article 83 bis of the Convention on International
133
Civil Aviation and by a bilateral agreement with the
aeronautical authorities of another country, may ex-
change with that country all or part of their respec-
tive functions and duties with respect to registered
aircraft under the following articles of the Conven-
tion: Article 12 (Rules of the Air); Article 31 (Cer-
tificates of Airworthiness); or Article 32a (Licenses
of Personnel).
‘‘(2) RELINQUISHMENT
AND
ACCEPTANCE
OF
RESPONSIBILITY.—The Administrator relinquishes
responsibility with respect to the functions and du-
ties transferred by the Administrator as specified in
the bilateral agreement, under the Articles listed in
paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad
and accepts responsibility with respect to the func-
tions and duties under those Articles for aircraft
registered abroad and described in paragraph (4)(B)
that are transferred to the United States.
‘‘(3) CONDITIONS.—The Administrator may
predicate, in the agreement, the transfer of func-
tions and duties under this subsection on any condi-
tions the Administrator deems necessary and pru-
dent, except that the Administrator may not transfer
responsibilities for United States registered aircraft
134
described in paragraph (4)(A) to a country that the
Administrator determines is not in compliance with
its obligations under international law for the safety
oversight of civil aviation.
‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this
subsection, the term ‘registered aircraft’ means—
‘‘(A) aircraft registered in the United
States and operated pursuant to an agreement
for the lease, charter, or interchange of the air-
craft or any similar arrangement by an opera-
tor that has its principal place of business or,
if it has no such place of business, its perma-
nent residence in another country; or
‘‘(B) aircraft registered in a foreign coun-
try and operated under 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 resi-
dence in the United States.’’.
SEC. 708. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended—
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and
135
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) PUBLIC INFORMATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, the
records of the contents (as prescribed in subsection
(b)) of any airman certificate issued under this sec-
tion shall be made available to the public after the
90th day following the date of enactment of the
Aviation Investment and Reform Act for the 21st
Century.
‘‘(2) ADDRESSES OF AIRMEN.—Before making
the address of an airman available to the public
under paragraph (1), the airman shall be given an
opportunity to elect that the airman’s address not be
made available to the public.
‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 60 days after the date of
enactment of the Aviation Investment and Reform
Act for the 21st Century, the Administrator shall
develop and implement, in cooperation with rep-
resentatives of the aviation industry, a one-time
written notification to airmen to set forth the impli-
cations of making the address of an airman available
136
to the public under paragraph (1) and to carry out
paragraph (2).’’.
SEC. 709. APPEALS OF EMERGENCY REVOCATIONS OF CER-
TIFICATES.
Section 44709(e) is amended to read as follows:
‘‘(e) EFFECTIVENESS
OF ORDERS PENDING AP-
PEAL.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if a person files an appeal with the Board
under section (d), the order of the Administrator is
stayed.
‘‘(2) EMERGENCIES.—If the Administrator ad-
vises the Board that an emergency exists and safety
in air commerce or air transportation requires the
order to be effective immediately, the order is effec-
tive, except that a person filing an appeal under sub-
section (d) may file a written petition to the Board
for an emergency stay on the issues of the appeal
that are related to the existence of the emergency.
The Board shall have 10 days to review the mate-
rials. If any 2 members of the Board determine that
sufficient grounds exist to grant a stay, an emer-
gency stay shall be granted. If an emergency stay is
granted, the Board must meet within 15 days of the
137
granting of the stay to make a final disposition of
the issues related to the existence of the emergency.
‘‘(3) FINAL DISPOSITION OF APPEAL.—In all
cases, the Board shall make a final disposition of the
merits of the appeal not later than 60 days after the
Administrator advises the Board of the order.’’.
SEC. 710. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the
following:
‘‘(f) GOVERNMENT
AND INDUSTRY CONSORTIA.—
The Administrator may establish at individual airports
such consortia of government and aviation industry rep-
resentatives as the Administrator may designate to pro-
vide advice on matters related to aviation security and
safety. Such consortia shall not be considered Federal ad-
visory committees.’’.
SEC. 711. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ‘‘shall’’
and inserting ‘‘should’’.
SEC. 712. COST RECOVERY FOR FOREIGN AVIATION SERV-
ICES.
Section 45301(a) is amended—
(1) by striking paragraph (2) and inserting the
following:
138
‘‘(2) Services (other than air traffic control
services) provided to a foreign government or to any
entity obtaining services outside the United States,
except that the Administrator shall not impose fees
in any manner for production-certification related
service performed outside the United States.’’; and
(2) by adding at the end the following:
‘‘(d) PRODUCTION-CERTIFICATION RELATED SERV-
ICE DEFINED.—In this section the term ‘production-cer-
tification related service’ has the meaning given that term
in Appendix C of part 187 of title 14, Code of Federal
Regulations.’’.
SEC. 713. TECHNICAL CORRECTIONS TO CIVIL PENALTY
PROVISIONS.
Section 46301 is amended—
(1) in subsection (a)(1)(A) by striking ‘‘46302,
46303, or’’;
(2) in subsection (d)(7)(A) by striking ‘‘an indi-
vidual’’ the first place it appears and inserting ‘‘a
person’’; and
(3) in subsection (g) by inserting ‘‘or the Ad-
ministrator’’ after ‘‘Secretary’’.
SEC. 714. ENHANCED VISION TECHNOLOGIES.
(a) STUDY.—The Administrator shall conduct a
study of the feasibility of requiring United States airports
139
to install enhanced vision technologies to replace or en-
hance conventional landing light systems over the 10-year
period following the date of completion of such study.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall transmit
to Congress a report on the results of the study conducted
under subsection (a), together with such recommendations
as the Administrator considers appropriate.
(c) INCLUSION OF INSTALLATION AS AIRPORT DE-
VELOPMENT.—Section 47102 of title 49, United States
Code, is amended—
(1) in paragraph (3)(B)—
(A) by striking ‘‘and’’ at the end of clause
(v);
(B) by striking the period at the end of
clause (vi) and inserting ‘‘; and’’; and
(C) by inserting after clause (vi) the fol-
lowing:
‘‘(vii) enhanced vision technologies
that are certified by the Administrator of
the Federal Aviation Administration and
that are intended to replace or enhance
conventional landing light systems.’’; and
(2) by adding at the end the following:
140
‘‘(21) ENHANCED VISION TECHNOLOGIES.—The
term ‘enhanced vision technologies’ means laser
guidance, ultraviolet guidance, infrared, and cold
cathode technologies.’’.
(d) CERTIFICATION.—Not later than 180 days after
the date of enactment of this Act, the Administrator shall
transmit to Congress a schedule for deciding whether or
not to certify laser guidance equipment for use as ap-
proach lighting at United States airports and of cold cath-
ode lighting equipment for use as runway and taxiway
lighting at United States airports and as lighting at
United States heliports.
SEC. 715. WAIVER UNDER AIRPORT NOISE AND CAPACITY
ACT.
(a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH
STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amend-
ed in the first sentence by inserting ‘‘or foreign air car-
rier’’ after ‘‘air carrier’’.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR
DISPOSAL.—Section 47528 is amended—
(1) in subsection (a) by inserting ‘‘or (f)’’ after
‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After
December 31, 1999, the Secretary may provide a proce-
141
dure under which a person may operate a stage 1 or stage
2 aircraft in nonrevenue service to or from an airport in
the United States in order to—
‘‘(1) sell the aircraft outside the United States;
‘‘(2) sell the aircraft for scrapping; or
‘‘(3) obtain modifications to the aircraft to meet
stage 3 noise levels.’’.
SEC. 716. TYPOGRAPHICAL ERRORS.
(a) IN TITLE 49, UNITED STATES CODE.—Title 49
is amended—
(1) in section 5108(f) by striking ‘‘section
552(f)’’ and inserting ‘‘section 552(b)’’.
(2) in section 15904(c)(1) by inserting ‘‘sec-
tion’’ before ‘‘15901(b)’’.
(3) in section 49106(b)(1)(F) by striking
‘‘1996’’ and inserting ‘‘1986’’;
(4) in section 49106(c)(3) by striking ‘‘by the
board’’ and inserting ‘‘to the board’’;
(5) in section 49107(b) by striking ‘‘subchapter
II’’ and inserting ‘‘subchapter III’’; and
(6) in section 49111(b) by striking ‘‘retention
of’’ and inserting ‘‘retention by’’.
(b) CODIFICATION REPEAL TABLE.—The Schedule
of Laws Repealed in section 5(b) the Act of November
20, 1997 (Public Law 105–102; 111 Stat. 2217), is
142
amended by striking ‘‘1996’’ the first place it appears and
inserting ‘‘1986’’.
(c) CODIFICATION REFERENCES.—Effective October
11, 1996, section 5(45)(A) of the Act of October 11, 1996
(Public Law 104–287, 110 Stat. 3393), is amended by
striking 
‘‘ENFORCEMENT;’’ 
and 
inserting 
‘‘EN-
FORCEMENT:’’.
SEC. 717. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (49 U.S.C.
106 note; 109 Stat. 460) is amended by striking sub-
section (c) and inserting the following:
‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT
FISCAL YEAR.—Notwithstanding subsection (b)(3), the
Administrator may enter into contracts for procurement
of severable services that begin in one fiscal year and end
in another if (without regard to any option to extend the
period of the contract) the contract period does not exceed
1 year.’’.
SEC. 718. EXTENSION OF APPLICATION APPROVALS FOR
METROPOLITAN WASHINGTON AIRPORT AU-
THORITY.
49108 is amended by striking ‘‘2001’’ and inserting
‘‘2004’’.
143
SEC. 719. 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
selectively blocking the display of any aircraft-situa-
tion-display-to-industry derived data related to any
identified 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 obtains such data to incorporate the requirements
of subsection (a) within 30 days after that date.
SEC. 720. ELIMINATION OF BACKLOG OF EQUAL EMPLOY-
MENT OPPORTUNITY COMPLAINTS.
(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal
year 2000, the Secretary of Transportation may hire or
contract for such additional personnel as may be necessary
to eliminate the backlog of pending equal employment op-
144
portunity complaints to the Department of Transportation
and to ensure that investigations of complaints are com-
pleted not later than 180 days after the date of initiation
of the investigation.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,000,000 for fiscal year 2000. Such sums shall remain
available until expended.
SEC. 721. NEWPORT NEWS, VIRGINIA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwith-
standing section 16 of the Federal Airport Act (as in ef-
fect on May 14, 1947) or section 47125 of title 49, United
States Code, the Secretary shall, subject to section 47153
of such title (as in effect on June 1, 1998), and subsection
(b) of this section, waive with respect to airport property
parcels that, according to the airport layout plan for New-
port News/Williamsburg International Airport, are no
longer required for airport purposes from any term con-
tained in the deed of conveyance dated May 14, 1947,
under which the United States conveyed such property to
the Peninsula Airport Commission for airport purposes of
the Commission.
(b) CONDITIONS.—Any waiver granted by the Sec-
retary under subsection (a) shall be subject to the follow-
ing conditions:
145
(1) The Peninsula Airport Commission shall
agree that, in leasing or conveying any interest in
the property with respect to which waivers are
granted under subsection (a), the Commission will
receive an amount that is equal to the fair lease
value or the fair market value, as the case may be
(as determined pursuant to regulations issued by the
Secretary).
(2) Peninsula Airport Commission shall use any
amount so received only for the development, im-
provement, operation, or maintenance of Newport
News/Williamsburg International Airport.
SEC. 722. GRANT OF EASEMENT, LOS ANGELES, CALIFOR-
NIA.
The City of Los Angeles Department of Airports may
grant an easement to the California Department of Trans-
portation to lands required to provide sufficient right-of-
way to facilitate the construction of the California State
Route 138 bypass, as proposed by the California Depart-
ment of Transportation.
SEC. 723. REGULATION OF ALASKA GUIDE PILOTS.
(a) IN GENERAL.—Beginning on the date of enact-
ment of this Act, flight operations conducted by Alaska
guide pilots shall be regulated under the general operating
146
and flight rules contained in part 91 of title 14, Code of
Regulations.
(b) RULEMAKING PROCEEDING.—
(1) IN
GENERAL.—The Administrator of the
Federal Aviation Administration shall conduct a
rulemaking proceeding and issue a final rule to mod-
ify the general operating and flight rules referred to
in subsection (a) by establishing special rules appli-
cable to the flight operations conducted by Alaska
guide pilots.
(2) CONTENTS OF RULES.—Any rule issued by
the Administrator pursuant to the rulemaking pro-
ceeding conducted under paragraph (1) shall require
Alaska guide pilots—
(A) to operate aircraft inspected no less
often than after 125 hours of flight time;
(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 subpart F of part 61 of such title;
147
(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 authoriza-
tion issued by the Administrator; and
(G) to take such other actions as the Ad-
ministrator determines necessary for safety.
(3) LETTER OF AUTHORIZATION DEFINED.—In
this subsection, the term ‘‘letter of authorization’’
means a letter issued by the Administrator 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 authorization may be issued by the
Administrator to the entity or to each Alaska guide
pilot employed by the entity.
(c) ALASKA GUIDE PILOT DEFINED.—In this Act,
the term ‘‘Alaska guide pilot’’ means a pilot who—
(1) conducts aircraft operations over or within
the State of Alaska;
(2) operates single engine, fixed wing aircraft
on floats, wheels, or skis, providing commercial
hunting, fishing, or other guide services and related
accommodations in the form of camps or lodges; and
148
(3) transports clients by such aircraft incidental
to hunting, fishing, or other guide services, or uses
air transport to enable guided clients to reach hunt-
ing or fishing locations.
SEC. 724. PUBLIC AIRCRAFT.
(a) RESTATEMENT OF DEFINITION OF PUBLIC AIR-
CRAFT
WITHOUT
SUBSTANTIVE
CHANGE.—Section
40102(37) is amended to read as follows:
‘‘(37) ‘public aircraft’ means an aircraft—
‘‘(A) used only for the United States Gov-
ernment, and operated under the conditions
specified by section 40125(b) if owned by the
Government;
‘‘(B) owned by the United States Govern-
ment, operated by any person for purposes re-
lated to crew training, equipment development,
or demonstration, and operated under the con-
ditions specified by section 40125(b);
‘‘(C) owned and operated by the govern-
ment of a State, the District of Columbia, a
territory or possession of the United States, or
a political subdivision of one of these govern-
ments, under the conditions specified by section
40125(c); or
149
‘‘(D) exclusively leased for at least 90 con-
tinuous days by the government of a State, the
District of Columbia, a territory or possession
of the United States, or a political subdivision
of one of these governments.’’.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA-
TUS.—
(1) GENERAL.—Chapter 401 is amended by
adding at the end the following:
‘‘§ 40125. Qualifications for public aircraft status
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COMMERCIAL PURPOSES.—The term ‘com-
mercial purposes’ means the transportation of per-
sons or property for compensation or hire, but does
not include the operation of an aircraft by one gov-
ernment on behalf of another government under a
cost reimbursement agreement, if the government on
whose behalf the operation is conducted certifies to
the Administrator of the Federal Aviation Adminis-
tration that the operation is necessary to respond to
a significant and imminent threat to life or property
(including natural resources) and that no service by
a private operator is reasonably available to meet the
threat.
150
‘‘(2) GOVERNMENTAL
FUNCTION.—The term
‘governmental function’ means an activity under-
taken by a government, such as firefighting, search
and rescue, law enforcement, aeronautical research,
or biological or geological resource management.
‘‘(3) 
QUALIFIED
NON-CREWMEMBER.—The
term ‘qualified non-crewmember’ means an individ-
ual, other than a member of the crew, aboard an
aircraft—
‘‘(A) operated by the armed forces or an
intelligence agency of the United States Gov-
ernment; or
‘‘(B) whose presence is required to per-
form, or is associated with the performance of,
a governmental function.
‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—
An aircraft described in 40102(37)(A) or (B), if owned
by the Government, qualifies as a public aircraft except
when it is used for commercial purposes or to carry an
individual other than a crewmember or a qualified non-
crewmember.
‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOV-
ERNMENTS.—An aircraft described in 40102(37)(C)
qualifies as a public aircraft except when it is used for
151
commercial purposes or to carry an individual other than
a crewmember or a qualified non-crewmember.’’.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 401 is amended by adding at the end the
following:
‘‘40125. Qualifications for public aircraft status.’’.
SEC. 725. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 of such title is amended by striking
‘‘March 31, 1999’’ and inserting ‘‘December 31, 2004’’.
SEC. 726. CENTENNIAL OF FLIGHT COMMISSION.
(a) MEMBERSHIP.—
(1) APPOINTMENT.—Section 4(a)(5) of the
Centennial of Flight Commemoration Act (36 U.S.C.
143 note; 112 Stat. 3487) is amended by inserting
‘‘, or his designee,’’ after ‘‘prominence’’.
(2) STATUS.—Section 4 of such Act (112 Stat.
3487) is amended by adding at the end the follow-
ing:
‘‘(g) STATUS.—The members of the Commission de-
scribed in paragraphs (1), (3), (4), and (5) of subsection
(a) shall not be considered to be officers or employees of
the United States.’’.
(b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.
3488) is amended to read as follows:
‘‘(7) as a nonprimary purpose, publish popular
and scholarly works related to the history of aviation
152
or the anniversary of the centennial of powered
flight.’’.
(c) CONFLICTS OF INTEREST.—Section 6 of such Act
(112 Stat. 3488–3489) is amended by adding at the end
the following:
‘‘(e) CONFLICTS OF INTEREST.—At its second busi-
ness meeting, the Commission shall adopt a policy to pro-
tect against possible conflicts of interest involving its
members and employees. The Commission shall consult
with the Office of Government Ethics in the development
of such a policy and shall recognize the status accorded
its members under section 4(g).’’.
(d) EXECUTIVE DIRECTOR.—The first sentence of
section 7(a) of such Act (112 Stat. 3489) is amended by
striking the period at the end and inserting the following:
‘‘or represented on the First Flight Centennial Advisory
Board under subparagraphs (A) through (E) of section
12(b)(1).’’.
(e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.—
(1) USE OF FUNDS.—Section 9(d) of such Act
(112 Stat. 3490) is amended by striking the period
at the end and inserting the following: ‘‘, except that
the Commission may transfer any portion of such
funds that is in excess of the funds necessary to
153
carry out such duties to any Federal agency or the
National Air and Space Museum of the Smithsonian
Institution to be used for the sole purpose of com-
memorating the history of aviation or the centennial
of powered flight.’’.
(2) DUTIES TO BE CARRIED OUT BY ADMINIS-
TRATOR OF NASA.—Section 9 of such Act (112 Stat.
3490) is amended by adding at the end the follow-
ing:
‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINIS-
TRATOR OF NASA.—The duties of the Commission under
this section shall be carried out by the Administrator of
the National Aeronautics and Space Administration, in
consultation with the Commission.’’.
SEC. 727. PILOT PROGRAM FOR CAPITAL LEASING CON-
TRACTS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator may establish a pilot pro-
gram for fiscal years 2000 through 2004 to test and evalu-
ate the benefits of long-term capital leasing contracts of
aviation equipment and facilities.
(b) PROGRAM CRITERIA.—The Administrator shall
establish criteria for the pilot program. The Administrator
may not enter into more than 20 leasing contracts under
the pilot program, and may not enter into any leasing con-
154
tract under the pilot program unless the Administrator de-
termines that the leasing contract will be of the best value
to the United States. Each of such contracts shall be for
a period greater than 5 years, but no greater than 20
years. Under such a contract, the aviation equipment or
facility shall be provided by the lessee and operated by
the Administrator and funding for the lease of the equip-
ment or facility shall be subject to annual appropriations.
SEC. 728. REPEAL OF MAIL RATE-SETTING AUTHORITY.
Effective December 31, 1998, section 4(k) of the Act
of July 5, 1994 (Public Law 103-272, 108 Stat. 1370),
as amended by section 7(a)(3)(D) of the Act of October
31, 1994 (Public Law 103-429 , 108 Stat. 329), is re-
pealed.
SEC. 729. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY
PANEL.
(a) ESTABLISHMENT OF PANEL.—The Secretary of
Transportation—
(1) shall establish an Aircraft Repair and Main-
tenance Advisory Panel to review issues related to
the use and oversight of aircraft and aviation com-
ponent repair and maintenance facilities (in this sec-
tion referred to as ‘‘aircraft repair facilities’’) lo-
cated within, or outside of, the United States; and
155
(2) may seek the advice of the panel on any
issue related to methods to increase safety by im-
proving the oversight of aircraft repair facilities.
(b) MEMBERSHIP.—The panel shall consist of—
(1) 9 members appointed by the Secretary as
follows:
(A) 3 representatives of labor organiza-
tions representing aviation mechanics;
(B) 1 representative of cargo air carriers;
(C) 1 representative of passenger air car-
riers;
(D) 1 representative of aircraft repair fa-
cilities;
(E) 1 representative of aircraft manufac-
turers;
(F) 1 representative of on-demand pas-
senger air carriers and corporate aircraft oper-
ations; and
(G) 1 representative of regional passenger
air carriers;
(2) 1 representative from the Department of
Commerce, designated by the Secretary of Com-
merce;
(3) 1 representative from the Department of
State, designated by the Secretary of State; and
156
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator of
the Federal Aviation Administration.
(c) RESPONSIBILITIES.—The panel shall—
(1) determine the amount and type of work
that is being performed by aircraft repair facilities
located within, and outside of, the United States;
and
(2) provide advice and counsel to the Secretary
with respect to the aircraft and aviation component
repair work performed by aircraft repair facilities
and air carriers, staffing needs, and any balance of
trade or safety issues associated with that work.
(d) DOT TO REQUEST INFORMATION FROM AIR
CARRIERS AND REPAIR FACILITIES.—
(1) COLLECTION OF INFORMATION.—The Sec-
retary, by regulation, shall require air carriers, for-
eign air carriers, domestic repair facilities, and for-
eign repair facilities to submit such information as
the Secretary may require in order to assess balance
of trade and safety issues with respect to work per-
formed on aircraft used by air carriers, foreign air
carriers, United States corporate operators, and for-
eign corporate operators.
157
(2) DRUG
AND
ALCOHOL
TESTING
INFORMA-
TION.—Included in the information the Secretary re-
quires under paragraph (1) shall be information on
the existence and administration of employee drug
and alcohol testing programs in place at the foreign
repair facilities, if applicable. The Secretary, if nec-
essary, shall work with the International Civil Avia-
tion Organization to increase the number and im-
prove the administration of employee drug and alco-
hol testing programs at the foreign repair facilities.
(3) DESCRIPTION OF WORK DONE.—Included in
the information the Secretary requires under para-
graph (1) shall be information on the amount and
type of work performed on aircraft registered in and
outside of the United States.
(e) DOT TO FACILITATE COLLECTION OF INFORMA-
TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary
shall facilitate the collection of information from the Na-
tional Transportation Safety Board, the Federal Aviation
Administration, and other appropriate agencies regarding
maintenance performed by aircraft repair facilities.
(f) DOT TO MAKE INFORMATION AVAILABLE TO
PUBLIC.—The Secretary shall make any relevant informa-
tion received under subsection (c) available to the public,
consistent with the authority to withhold trade secrets or
158
commercial, financial, and other proprietary information
under section 552 of title 5, United States Code.
(g) TERMINATION.—The panel established under
subsection (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, 2001.
(h) DEFINITIONS.—The definitions contained in sec-
tion 40102 of title 49, United States Code, shall apply
to this section.
TITLE VIII—NATIONAL PARKS
AIR TOUR MANAGEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘National Parks Air
Tour Management Act of 1999’’.
SEC. 802. FINDINGS.
Congress finds that—
(1) the Federal Aviation Administration has
sole authority to control airspace over the United
States;
(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the envi-
ronment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights of public
and tribal lands;
159
(3) the National Park Service has the respon-
sibility of conserving the scenery and natural and
historic objects and wildlife in national parks and of
providing for the enjoyment of the national parks in
ways that leave the national parks unimpaired for
future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the mainte-
nance of the natural and cultural resources of In-
dian tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, commercial air
tour, environmental, and Native American represent-
atives, recommended that the Congress enact legisla-
tion based on the Group’s consensus work product;
and
(6) this title reflects the recommendations made
by that Group.
SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
(a) IN GENERAL.—Chapter 401 of title 49, United
States Code, is amended by adding at the end the follow-
ing:
160
‘‘§ 40125. Overflights of national parks
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial air
tour operations over a national park (including tribal
lands) except—
‘‘(A) in accordance with this section;
‘‘(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
‘‘(C) in accordance with any applicable air
tour management plan for the park.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before
commencing commercial air tour operations
over a national park (including tribal lands), a
commercial air tour operator shall apply to the
Administrator for authority to conduct the op-
erations over the park.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever an air tour man-
agement plan limits the number of commercial
air tour operations over a national park during
a specified time frame, the Administrator, in
cooperation with the Director, shall issue oper-
161
ation specifications to commercial air tour oper-
ators that conduct such operations. The oper-
ation specifications shall include such terms and
conditions as the Administrator and the Direc-
tor find necessary for management of commer-
cial air tour operations over the park. The Ad-
ministrator, in cooperation with the Director,
shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over
the park. In making a selection from among
various proposals submitted, the Administrator,
in cooperation with the Director, shall consider
relevant factors, including—
‘‘(i) the safety record of the person
submitting the proposal or pilots employed
by the person;
‘‘(ii) any quiet aircraft technology pro-
posed to be used by the person submitting
the proposal;
‘‘(iii) the experience of the person sub-
mitting the proposal with commercial air
tour operations over other national parks
or scenic areas;
162
‘‘(iv) the financial capability of the
company;
‘‘(v) any training programs for pilots
provided by the person submitting the pro-
posal; and
‘‘(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of author-
izations to issue to provide commercial air tour
operations over a national park, the Adminis-
trator, in cooperation with the Director, shall
take into consideration the provisions of the air
tour management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator, in cooperation with the Di-
rector, shall develop an air tour management
163
plan in accordance with subsection (b) and im-
plement such plan.
‘‘(3) EXCEPTION.—
‘‘(A) IN GENERAL.—If a commercial air
tour operator secures a letter of agreement
from the Administrator and the superintendent
for the national park that describes the condi-
tions under which the commercial air tour oper-
ation will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator
may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulations, if such activity is permitted under
part 119 of such title.
‘‘(B) LIMIT ON EXCEPTIONS.—Not more
than 5 flights in any 30-day period over a sin-
gle national park may be conducted under this
paragraph.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (c), an exist-
ing commercial air tour operator shall apply, not
later than 90 days after the date of enactment of
this section, for operating authority under part 119,
121, or 135 of title 14, Code of Federal Regulations.
A new entrant commercial air tour operator shall
164
apply for such authority before conducting commer-
cial air tour operations over a national park (includ-
ing tribal lands). The Administrator shall act on any
such application for a new entrant and issue a deci-
sion on the application not later than 24 months
after it is received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an
air tour management plan for any national park
(including tribal lands) for which such a plan is
not in effect whenever a person applies for au-
thority to conduct a commercial air tour oper-
ation over the park. The air tour management
plan shall be developed by means of a public
process in accordance with paragraph (4).
‘‘(B) OBJECTIVE.—The objective of any
air tour management plan shall be to develop
acceptable and effective measures to mitigate or
prevent the significant adverse impacts, if any,
of commercial air tours upon the natural and
cultural resources, visitor experiences, and trib-
al lands.
165
‘‘(2) ENVIRONMENTAL
DETERMINATION.—In
establishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a
finding of no significant impact, an environmental
assessment, and an environmental impact statement)
and the record of decision for the air tour manage-
ment plan.
‘‘(3) CONTENTS.—An air tour management
plan for a national park—
‘‘(A) may limit or prohibit commercial air
tour operations;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour operation routes, maxi-
mum or minimum altitudes, time-of-day restric-
tions, restrictions for particular events, maxi-
mum number of flights per unit of time, intru-
sions on privacy on tribal lands, and mitigation
of adverse noise, visual, or other impacts;
‘‘(C) may apply to all commercial air tour
operations;
166
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour operation routes and
altitudes and relief from flight caps and cur-
fews) for the adoption of quiet aircraft tech-
nology by commercial air tour operators con-
ducting commercial air tour operations over the
park;
‘‘(E) shall provide a system for allocating
opportunities to conduct commercial air tours if
the air tour management plan includes a limita-
tion on the number of commercial air tour oper-
ations for any time period; and
‘‘(F) shall justify and document the need
for measures taken pursuant to subparagraphs
(A) through (E) and include such justifications
in the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour
management plan for a national park (including
tribal lands), the Administrator and the Director
shall—
‘‘(A) hold at least one public meeting with
interested parties to develop the air tour man-
agement plan;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
167
copies of the proposed plan available to the
public;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8
of title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a cooperat-
ing agency under the regulations referred to in
subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour manage-
ment plan developed under this subsection shall be
subject to judicial review.
‘‘(6) AMENDMENTS.—The Administrator, in co-
operation with the Director, may make amendments
to an air tour management plan. Any such amend-
ments shall be published in the Federal Register for
notice and comment. A request for amendment of an
air tour management plan shall be made in such
168
form and manner as the Administrator may pre-
scribe.
‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR
OPERATION STATUS.—In making a determination of
whether a flight is a commercial air tour operation, the
Administrator may consider—
‘‘(1) whether there was a holding out to the
public of willingness to conduct a sightseeing flight
for compensation or hire;
‘‘(2) whether a narrative that referred to areas
or points of interest on the surface below the route
of the flight was provided by the person offering the
flight;
‘‘(3) the area of operation;
‘‘(4) the frequency of flights conducted by the
person offering the flight;
‘‘(5) the route of flight;
‘‘(6) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the
person offering the flight;
‘‘(7) whether the flight would have been can-
celed based on poor visibility of the surface below
the route of the flight; and
‘‘(8) any other factors that the Administrator
considers appropriate.
169
‘‘(d) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park (including tribal
lands) for which the operator is an existing commer-
cial air tour operator.
‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim operating authority granted under this
subsection—
‘‘(A) shall provide annual authorization
only for the greater of—
‘‘(i) the number of flights used by the
operator to provide such tours within the
12-month period prior to the date of enact-
ment of this section; or
‘‘(ii) the average number of flights per
12-month period used by the operator to
provide such tours within the 36-month pe-
riod prior to such date of enactment, and,
for seasonal operations, the number of
flights so used during the season or sea-
sons covered by that 12-month period;
170
‘‘(B) may not provide for an increase in
the number of commercial air tour operations
conducted during any time period by the com-
mercial air tour operator above the number that
the air tour operator was originally granted un-
less such an increase is agreed to by the Ad-
ministrator and the Director;
‘‘(C) shall be published in the Federal Reg-
ister to provide notice and opportunity for com-
ment;
‘‘(D) may be revoked by the Administrator
for cause;
‘‘(E) shall terminate 180 days after the
date on which an air tour management plan is
established for the park or the tribal lands;
‘‘(F) shall promote protection of national
park resources, visitor experiences, and tribal
lands;
‘‘(G) shall promote safe operations of the
commercial air tour;
‘‘(H) shall promote the adoption of quiet
technology, as appropriate; and
‘‘(I) shall allow for modifications of the op-
eration based on experience if the modification
171
improves protection of national park resources
and values and of tribal lands.
‘‘(e) EXEMPTIONS.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), this section shall not apply to—
‘‘(A) the Grand Canyon National Park;
‘‘(B) tribal lands within or abutting the
Grand Canyon National Park; or
‘‘(C) any unit of the National Park System
located in Alaska or any other land or water lo-
cated in Alaska.
‘‘(2) EXCEPTION.—This section shall apply to
the Grand Canyon National Park if section 3 of
Public Law 100–91 (16 U.S.C. 1a-1 note; 101 Stat.
674–678) is no longer in effect.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The
term ‘commercial air tour operator’ means any per-
son who conducts a commercial air tour operation.
‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERA-
TOR.—The term ‘existing commercial air tour opera-
tor’ means a commercial air tour operator that was
actively engaged in the business of providing com-
mercial air tour operations over a national park at
172
any time during the 12-month period ending on the
date of enactment of this section.
‘‘(3) NEW
ENTRANT
COMMERCIAL
AIR
TOUR
OPERATOR.—The term ‘new entrant commercial air
tour operator’ means a commercial air tour operator
that—
‘‘(A) applies for operating authority as a
commercial air tour operator for a national
park; and
‘‘(B) has not engaged in the business of
providing commercial air tour operations over
the national park (including tribal lands) in the
12-month period preceding the application.
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The
term ‘commercial air tour operation’ means any
flight, conducted for compensation or hire in a pow-
ered aircraft where a purpose of the flight is sight-
seeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal
lands, during which the aircraft flies—
‘‘(A) below a minimum altitude, deter-
mined by the Administrator in cooperation with
the Director, above ground level (except solely
for purposes of takeoff or landing, or necessary
for safe operation of an aircraft as determined
173
under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-
command to take action to ensure the safe op-
eration of the aircraft); or
‘‘(B) less than 1 mile laterally from any
geographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
‘‘(5) NATIONAL
PARK.—The term ‘national
park’ means any unit of the National Park System.
‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’
means Indian country (as that term is defined in
section 1151 of title 18, United States Code) that is
within or abutting a national park.
‘‘(7) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(8) DIRECTOR.—The term ‘Director’ means
the Director of the National Park Service.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 401 of title 49, United States Code, is amend-
ed by adding at the end the following:
‘‘40125. Overflights of national parks.’’.
SEC. 804. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after
the date of enactment of this Act, the Administrator and
the Director shall jointly establish an advisory group to
174
provide continuing advice and counsel with respect to com-
mercial air tour operations over and near national parks.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The advisory group shall be
composed of—
(A) a balanced group of —
(i) representatives of general aviation;
(ii) representatives of commercial air
tour operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Avia-
tion Administration; and
(C) a representative of the National Park
Service.
(2) EX OFFICIO MEMBERS.—The Administrator
(or the designee of the Administrator) and the Di-
rector (or the designee of the Director) shall serve
as ex officio members.
(3) CHAIRPERSON.—The representative of the
Federal Aviation Administration and the representa-
tive of the National Park Service shall serve alter-
nating 1-year terms as chairman of the advisory
group, with the representative of the Federal Avia-
175
tion Administration serving initially until the end of
the calendar year following the year in which the ad-
visory group is first appointed.
(c) DUTIES.—The advisory group shall provide ad-
vice, information, and recommendations to the Adminis-
trator and the Director—
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft tech-
nology for use in commercial air tour operations over
national parks (including tribal lands), which will re-
ceive preferential treatment in a given air tour man-
agement plan;
(3) on other measures that might be taken to
accommodate the interests of visitors to national
parks; and
(4) at request of the Administrator and the Di-
rector, safety, environmental, and other issues relat-
ed to commercial air tour operations over a national
park (including tribal lands).
(d) COMPENSATION; SUPPORT; FACA.—
(1) COMPENSATION AND TRAVEL.—Members of
the advisory group who are not officers or employees
of the United States, while attending conferences or
meetings of the group or otherwise engaged in its
176
business, or while serving away from their homes or
regular places of business, may be allowed travel ex-
penses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently.
(2) ADMINISTRATIVE
SUPPORT.—The Federal
Aviation Administration and the National Park
Service shall jointly furnish to the advisory group
clerical and other assistance.
(3) NONAPPLICATION OF FACA.—Section 14 of
the Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the advisory group.
SEC. 805. REPORTS.
(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall transmit to Congress a report on the effects
overflight fees are likely to have on the commercial air
tour operation industry. The report shall include, but shall
not be limited to—
(1) the viability of a tax credit for the commer-
cial air tour operators equal to the amount of any
overflight fees charged by the National Park Service;
and
177
(2) the financial effects proposed offsets are
likely to have on Federal Aviation Administration
budgets and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not
later than 2 years after the date of enactment of this Act,
the Administrator and the Director shall jointly transmit
a report to Congress on the effectiveness of this title in
providing incentives for the development and use of quiet
aircraft technology.
SEC. 806. EXEMPTIONS.
This title shall not apply to—
(1) any unit of the National Park System lo-
cated in Alaska; or
(2) any other land or water located in Alaska.
SEC. 807. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
TITLE IX—TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Truth in Budgeting
Act’’.
178
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR-
WAY TRUST FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Airport and Airway Trust
Fund established by section 9502 of the Internal Revenue
Code of 1986—
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of—
(A) the budget of the United States Gov-
ernment as submitted by the President,
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein), or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF AIRPORT AND AIRWAY TRUST FUND.
(a) IN GENERAL.—Chapter 471 of title 49, United
States Code, is amended by inserting after section 47134
the following new section:
179
‘‘§ 47135. Safeguards against deficit spending
‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR-
IZATIONS AND NET AVIATION RECEIPTS.—Not later than
March 31 of each year, the Secretary, in consultation with
the Secretary of the Treasury, shall estimate—
‘‘(1) the amount which would (but for this sec-
tion) be the unfunded aviation authorizations at the
close of the first fiscal year that begins after that
March 31, and
‘‘(2) the net aviation receipts at the close of
such fiscal year.
‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION
AUTHORIZATIONS.—If the Secretary determines for any
fiscal year that the amount described in subsection (a)(1)
exceeds the amount described in subsection (a)(2), the
Secretary shall determine the amount of such excess.
‘‘(c) ADJUSTMENT
OF AUTHORIZATIONS
IF UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
‘‘(1) DETERMINATION OF PERCENTAGE.—If the
Secretary determines that there is an excess referred
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized
to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
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‘‘(2) ADJUSTMENT
OF
AUTHORIZATIONS.—If
the Secretary determines a percentage under para-
graph (1), each amount authorized to be appro-
priated from the Airport and Airway Trust Fund for
the next fiscal year shall be reduced by such percent-
age.
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal per-
centage, to the extent the Secretary determines that
it may be so increased without causing the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than
the amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall
apportion amounts made available for apportionment
by paragraph (1).
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‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year
in which they are apportioned under paragraph (2).
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph
(1) thereof).
‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means,
at any time, the excess (if any) of—
182
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 471 of title 49, United States Code, is amended
by inserting after the item relating to section 47134 the
following:
‘‘47135. Safeguards against deficit spending.’’.
SEC. 904. APPLICABILITY.
This title (including the amendments made by this
Act) shall apply to fiscal years beginning after September
30, 1999.
TITLE X—AVIATION SPENDING
GUARANTEE
SEC. 1001. DISCRETIONARY SPENDING CATEGORIES.
(a) ESTABLISHMENT OF SEPARATE CATEGORIES.—
Section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended as follows:
(1) FY 2000.—In paragraph (4), strike ‘‘and’’
at the end of subparagraph (C), insert ‘‘and’’ at the
183
end of subparagraph (D), and after subparagraph
(D) add the following new subparagraph:
‘‘(E) for the traditional aviation general
fund share category: $4,580,000,000 in budget
authority and outlays flowing therefrom;’’.
(2) FY 2001.—In paragraph (5), strike ‘‘and’’
at the end of subparagraph (B), insert ‘‘and’’ at the
end of subparagraph (C), and after subparagraph
(C) add the following new subparagraph:
‘‘(D) for the traditional aviation general
fund share category: $4,914,000,000 in budget
authority and outlays flowing therefrom;’’.
(3) FY 2002.—In paragraph (6), strike ‘‘and’’
at the end of subparagraph (B), insert ‘‘and’’ at the
end of subparagraph (C), and after subparagraph
(C) add the following new subparagraph:
‘‘(D) for the traditional aviation general
fund share category: $5,375,000,000 in budget
authority and outlays flowing therefrom;’’.
(4) FY 2003.—In paragraph (7), strike ‘‘and’’
at the end of subparagraph (A), insert ‘‘and’’ at the
end of subparagraph (B), and after subparagraph
(B) add the following new subparagraph:
184
‘‘(C) for the traditional aviation general
fund share category: $5,772,000,000 in budget
authority and outlays flowing therefrom;’’.
(5) FY 2004.—After paragraph (7), add the
following new paragraph:
‘‘(8) with respect to fiscal year 2004, for the
traditional aviation general fund share category:
$6,102,000,000 in budget authority and outlays
flowing therefrom;’’.
(6) ADJUSTMENT
OF
TRADITIONAL
AVIATION
GENERAL FUND SHARE CATEGORY.—Section 251(b)
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 is amended by adding at the end
the following new paragraph:
‘‘(3) ADJUSTMENT OF TRADITIONAL AVIATION
GENERAL FUND SHARE CATEGORY.—The traditional
aviation general fund share category shall be ad-
justed each year to equal 30 percent of the FAA
guaranteed spending level for budget resources set
forth in section 48302 of title 49, United States
Code.’’.
(b) OFFSETTING ADJUSTMENT IN DISCRETIONARY
SPENDING LIMITS.—
(1) ADJUSTMENT
OF
DISCRETIONARY
CAT-
EGORY FOR FISCAL YEAR 2000.—The discretionary
191
under subsection (a) as soon as the amounts are so allo-
cated.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated from the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 such sums as may be nec-
essary to carry out this section for fiscal year 2000 and
each fiscal year thereafter.
‘‘§ 48305. Estimated aviation income
‘‘For purposes of section 48302(c), the estimated
aviation income levels are as follows:
‘‘(1) $10,097,000,000 for fiscal year 2000.
‘‘(2) $10,666,000,000 for fiscal year 2001.
‘‘(3) $11,442,000,000 for fiscal year 2002.
‘‘(4) $12,043,000,000 for fiscal year 2003.
‘‘(5) $12,657,000,000 for fiscal year 2004.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for subtitle VII of such title is amended by inserting
after the item relating to chapter 482 the following:
‘‘483. GUARANTEED EXPENDITURES ............................................. 48301’’.
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